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HomeMy WebLinkAbout1 - Housing Element Public HearingPLANNING COMMISSION AGENDA REPORT DATE: March 14, 2012 TO: Honorable Chair and Members of the Planning Commission FROM: Jill R. Ingram, City Manager SUBJECT: PUBLIC HEARING RE HOUSING ELEMENT SUMMARY OF REQUEST: After conducting a public hearing, it is requested that the Planning Commission adopt the draft resolution recommending to the City Council that it adopt a Housing Element with one or more of the 7 sites forwarded for consideration by the Ad Hoc General Plan /Local Coastal Plan Citizens Advisory Committee. BACKGROUND AND ANALYSIS: On August 9, 2011, the Ad Hoc General Plan /Local Coastal Plan Citizens Advisory Committee ( "Committee ") recommended a draft Housing Element to the City Council and Planning Commission. On October 10, 2011, the City Council and the Planning Commission considered the draft Housing Element at a joint public meeting. Thereafter, the Housing Element was forwarded to the state Housing and Community Development Department (HCD). By letter dated December 16, 2011, HCD provided its comments to the City. (Attachment D) The Draft Housing Element was revised to respond to the HCD letter. On February 14, 2012, the Ad Hoc General Plan /Local Coastal Plan Citizens Advisory Committee considered the revised potential site analysis matrix (Attachment C) showing 25 sites in the City that might accommodate Regional Housing Needs Allocation (RHNA) requirements. Upon considering the 25 sites, the Committee voted to submit the following 7 sites for Planning Commission consideration: POTENTIAL SITE: Number of Votes (out of 12) #14 — 1701 Adolfo Lopez (Accurate Storage) 7 #19 — Sunset Aquatic Park 7 #24 — Former ARCO service station 7 #15 — Boeing parking lots along Westminster 6 #5 — Marina Park expansion site 5 #11 — Shops at Rossmoor 4 #12 — State Lands Property (1st & PCH) 4 Agenda Item 1 The Draft Housing Element was further revised in accordance with the recommendation of the Committee. A redlined version of the "March 2012 Draft Housing Element" was forwarded to the Commission on March 1 and 2, 2012. A clean copy is included herewith as Attachment B. Purpose of the Housing Element State law recognizes the vital role local governments play in the supply and affordability of housing. The law was enacted because affordable housing is of statewide interest. Each local government in California is required to adopt a comprehensive, long -term General Plan for the physical development of the city or county. The Housing Element is one of the seven mandated elements of the General Plan. Housing Element law, first enacted in 1969, mandates that local governments plan to meet the existing and projected housing needs of all economic segments of the community. The law recognizes that in order for the private market to adequately address housing needs, local governments must adopt land use plans and regulatory systems that provide opportunities for, and do not unduly constrain, housing development. As a result, housing policy in California rests largely upon the effective implementation of local General Plans and, in particular, local Housing Elements. Housing Element law also requires the California Department of Housing and Community Development (HCD) to review local housing elements and to report its written findings to local governments with respect to the Housing Element's conformance with state law. As mandated by state law, the planning period for this Housing Element extends from 2008 to 2014. This Element identifies strategies and programs that focus on the following major goals: • Facilitate the development of a variety of housing types for all income levels to meet the existing and future needs of residents; • Assist in the development of adequate housing to meet the needs of low- and moderate - income households; • Address and, where appropriate and legally possible, remove governmental constraints to the maintenance, improvement, and development of housing; • Maintain and enhance the existing quality of residential neighborhoods in Seal Beach; • Promote equal housing opportunities for all persons regardless of race, color, national origin, ancestry, religion, sex, marital status, or familial status. Page 2 The Housing Element consists of the following major components: • An analysis of the City's demographic and housing characteristics and trends; o An evaluation of land, financial, and administrative resources available to address the City's housing goals; • A review of potential constraints, both governmental and non- governmental, to meeting the City's housing needs; o A Housing Action Plan for the 2008 -2014 planning period, including housing goals, policies, and programs; and o A review of the City's accomplishments and progress in implementing the 2000 Housing Element. Regional Housing Needs Allocation (RHNA) Housing Element law requires a quantification of each jurisdiction's share of the regional housing need as established in the RHNA prepared by the Council of Governments (COG). The Regional Housing Need Allocation (RHNA) is a minimum projection of additional housing units needed to accommodate projected household growth at all income levels by the end of the housing element's statutory planning period. Each locality's RHNA is distributed among four income categories as follows: very low, low, moderate, and above moderate. While cities are given a goal or target through the RNHA process, cities are not required to build the housing units prescribed by the process. Cities, however, are required to demonstrate there are adequate sites available for housing. The Seal Beach RHNA for 2008 -2014 is 57 units as follows: 11 very low income, 10 low income, 12 moderate income, and 24 above moderate income. Because the City did not adopt a Housing Element during the last housing cycle, HCD staff is requiring the City to address the RHNA "carryover" from that cycle. Based on comments received from HCD, the City has revised its carryover to be 32 lower income units. When added to the 11 very low income and 10 low income units from the current period, the City must identify a site or sites that have sufficient capacity to accommodate high - density residential development for 53 units during this planning period. There are not currently adequate sites with appropriate zoning to accommodate the Tower- income RHNA allocation for this planning period. In order to identify potential sites for multi - family housing, a thorough analysis of potential sites was conducted. The Committee forwarded seven sites for consideration. This list includes both vacant and underutilized parcels. With the appropriate zoning amendments, the sites listed in Table B -3 of the Draft Housing Element have sufficient capacity to accommodate high- density residential development commensurate with the City's remaining lower- income need of 53 units during Page 3 this planning period. Program 1 a in the Housing Action Plan (Chapter V) includes a commitment to rezone parcels with sufficient capacity at a density of at least 33 units /acre to accommodate this remaining need. Special Needs Housing In 2007 Governor Arnold Schwarzenegger signed SB 2 amending State Housing Element Law. The legislation requires local jurisdictions to strengthen provisions for addressing the housing needs of the homeless, including the identification of a zone or zones where emergency shelters are allowed as a permitted use without a Conditional Use Permit. The draft Housing Element identifies the Boeing Specific Plan as an appropriate site for homeless shelters. Environmental Review Pursuant to the requirements of the California Environmental Quality Act (CEQA), the City completed an initial study to analyze whether the proposed Housing Element would result in any significant impacts. The Initial Study concluded that the Housing Element would not result in any significant impacts on the environment. Thereafter, the Initial Study and Notice of Intent to Adopt a Negative Declaration were completed and circulated for public review, which commenced on March 7, 2012 and will end at 5:00 pm on April 6, 2012. A copy of the Initial Study and Notice of Intent to Adopt a Negative Declaration is Attachment E to this report. RECOMMENDATION: After conducting a public hearing, it is recommended that the Planning Commission adopt the draft resolution recommending to the City Council that it adopt a Housing Element with one or more of the 7 sites forwarded for consideration by the Ad Hoc General Plan /Local Coastal Plan Citizens Advisory Comm ittee. Attachments: A. Redlined Draft Housing Element (previously sent under separate cover and posted on the City's website for public review) B. Draft Housing Element C. Potential Site Analysis Matrix D. December 16, 2011 letter from HCD E. Draft Resolution F. Initial Study and Notice of Intent to Adopt a Negative Declaration Page 4 ATTACHMENT "A" REDLINED DRAFT HOUSING ELEMENT UNDER SEPARATE COVER Page 5 ATTACHMENT "B" DRAFT HOUSING ELEMENT Page 6 CITY OF SEAL BEACH 2008 -2014 Housing Element Revised Draft March 2012 City of Seal Beach 2008 -2014 Housing Element Contents I. Introduction 1 -1 A. Purpose of the Housing Element 1 -1 B. Data Sources and Methods 1 -2 C. Public Participation 1 -2 D. Consistency with Other Elements of the General Plan 1 -3 I1. Housing Needs Assessment 11 -1 A. Community Context 11 -1 B. Population Characteristics 11 -3 1. Population Growth Trends 11 -3 2. Age 11 -3 3. Race and Ethnicity 11 -4 C. Household Characteristics 11 -4 1. Household Composition and Size 11 -4 2. Housing Tenure 11 -5 3. Overcrowding 11 -5 4. Overpayment 11 -6 D. Employment 11-8 1. Current Employment 11-8 2. Projected Job Growth 11 -9 3. Jobs - Housing Balance 11 -10 E. Housing Stock Characteristics 11 -11 1. Housing Type and Growth Trends 11 -11 2. Housing Age and Conditions 11 -12 3. Vacancy Rates 11 -13 4. Housing Cost 11 -13 F. Special Needs 11 -15 1. Persons with Disabilities 11 -15 2. Elderly 11 -17 3. Large Households 11 -18 4. Female- Headed Households 11 -19 5. Farm Workers 11 -20 6. Homeless Persons 11 -20 G. Assisted Housing at Risk of Conversion 11 -21 H. Housing Constructed, Demolished or Converted within the Coastal Zone 11 -21 I. Future Housing Needs 11 -23 1. Overview of the Regional Housing Needs Assessment 11 -23 2. 2006 -2014 Seal Beach Growth Needs 11 -23 III. Resources and Opportunities 111 -1 A. Land Resources 111 -1 1. Regional Growth Needs 2006 - 2014 III -1 2. RHNA Carryover from the Previous Planning Period 111 -2 3. Inventory of Sites for Housing Development 111 -2 B. Financial and Administrative Resources 111 -3 1. State and Federal Resources 111 -3 2. Local Resources III -4 C. Energy Conservation Opportunities 111 -5 IV. Constraints IV -1 A. Governmental Constraints IV -1 1. Land Use Plans and Regulations IV -1 i , March 2012 City of Seal Beach 2008 -2014 Housing Element 2. Development Processing Procedures IV -22 3. Development Fees and Improvement Requirements IV -24 B. Non - Governmental Constraints IV -26 1. Environmental Constraints IV -26 2. Infrastructure Constraints IV -27 3. Land Costs IV -27 4. Construction Costs IV -27 5. Cost and Availability of Financing IV -27 C. Fair Housing IV -28 V. Housing Action Plan V -1 A. Housing Goals, Policies and Programs V -1 B. Quantified Objectives V -16 APPENDICES Appendix A - Evaluation of the 2001 Housing Element Appendix B - Land Inventory Appendix C - Public Participation Summary ii , March 2012 City of Seal Beach 2008 -2014 Housing Element List of Tables Table H -1 Population Trends, 1990 -2010 Seal Beach vs. Orange County 11 -3 Table 11 -2 Age Distribution Seal Beach vs. Orange County 11 -3 Table 11 -3 Race /Ethnicity Seal Beach vs. Orange County II -4 Table 11 -4 Household Composition Seal Beach vs. Orange County 11 -5 Table 11 -5 Household Tenure - Seal Beach vs. Orange County 11 -5 Table 11 -6 Overcrowding - Seal Beach vs. Orange County 11 -6 Table 11 -7 Overpayment by Income Category 11 -7 Table 11-8 Labor Force - Seal Beach vs. Orange County 11-8 Table 11 -9 Employment by Occupation - Seal Beach 11 -9 Table 11 -10 Projected Job Growth by Occupation, 2004 -2014 - Santa Ana- Anaheim- Irvine Metropolitan Statistical Area Table 11 -11 Job Location for Seal Beach Residents Table 11 -12 Housing by Type, 2000 -2010 - Seal Beach vs. Orange County Table 11 -13 Age of Housing Stock by Tenure - Seal Beach vs. Orange County Table 11 -14 Income Categories and Affordable Housing Costs, 2011 - Orange Table 11 -15 Resale Housing Prices - Seal Beach 2011 Table 11 -16 Rental Market Survey - Seal Beach Table 11 -17 Persons with Disabilities by Age Group Table 11 -18 Elderly Households by Tenure Table 11 -19 Household Size by Tenure - Seal Beach vs. Orange County Table 11 -20 Household Type by Tenure Table 11 -21 Agricultural Employment Table 11 -22 Coastal Zone Housing Units - 1982 -2010 Seal Beach Table 11 -23 Regional Housing Growth Needs 2006 -2014 Table 111 -1 Net Remaining RHNA Table 111 -2 Land Inventory Summary Table 111 -3 Low /Moderate Income Fund Revenues 2004 -2009 Table 111 -4 Low /Moderate Income Fund Expenditures 2004 -2009 Table IV -1 Residential Land Use Categories - Seal General Plan Table IV -2 Residential Zoning Districts Table IV -3 Permitted Residential Uses by Zoning District Table IV -4 Development Standards for Residential Zoning Districts Table IV -5 Residential Development Standards for Commercial /Mixed -Use Zoning Districts - IV -9 Table IV -6 Residential Parking Requirements IV -18 Table IV -7 Second Dwelling Unit Floor Area IV -19 Table IV-8 Residential Permit Review Authority IV -22 Table IV -9 Planning and Development Fees IV -25 Table IV -10 Road Improvement Standards IV -26 Table V -1 Quantified Objectives 2008 -2014 V -16 11 -10 11 -11 11 -12 11 -13 County 11 -14 11 -14 11 -15 11 -16 11 -18 11 -19 11 -19 11 -20 11 -22 11 -23 111 -2 111 -3 111 -4 111 -5 IV -1 IV -2 IV -3 IV -5 List of Figures Figure II -1 Regional Location Map 11 -2 ui , March 2012 City of Seal Beach 2008 -2014 Housing Element I. Introduction I. INTRODUCTION A. Purpose of the Housing Element State law recognizes the vital role local governments play in the supply and affordability of housing. Each local government in California is required to adopt a comprehensive, long -term General Plan for the physical development of the city or county. The Housing Element is one of the seven mandated elements of the General Plan. Housing Element law, first enacted in 1969, mandates that local governments plan to meet the existing and projected housing needs of all economic segments of the community. The law recognizes that, in order for the private market to adequately address housing needs, local governments must adopt land use plans and regulatory systems that provide opportunities for, and do not unduly constrain, housing development. As a result, housing policy in California rests largely upon the effective implementation of local General Plans and, in particular, local Housing Elements. Housing Element law also requires the California Department of Housing and Community Development (HCD) to review local housing elements and to report its written findings to local governments with respect to the Housing Element's conformance with state law. As mandated by state law, the planning period for this Housing Element extends from 2008 to 2014.1. This Element identifies strategies and programs that focus on the following major goals: • Facilitate the development of a variety of housing types for all income levels to meet the existing and future needs of residents; • Assist in the development of adequate housing to meet the needs of low- and moderate - income households; • Address and where appropriate and legally possible remove governmental constraints to the maintenance, improvement and development of housing; • Maintain and enhance the existing quality of residential neighborhoods in Seal Beach; • Promote equal housing opportunities for all persons regardless of race, color, national origin, ancestry, religion, sex, marital status, or familial status. The Housing Element consists of the following major components: An analysis of the City's demographic and housing characteristics and trends (Chapter II); • An evaluation of land, financial, and administrative resources available to address the City's housing goals (Chapter III); • A review of potential constraints, both governmental and non - governmental, to meeting the City's housing needs (Chapter IV); and 1 As discussed elsewhere in this Housing Element, the planning timeframe for the Regional Housing Needs Assessment process is 8V years from January 2006 through June 2014. 1 -1 March 2012 City of Seal Beach 2008 -2014 Housing Element I. Introduction A Housing Action Plan for the 2008 -2014 planning period, including housing goals, policies and programs (Chapter V). ® A review of the City's accomplishments and progress in implementing the 2000 Housing Element is provided in Appendix A. B. Data Sources and Methods In preparing the Housing Element various data sources are utilized. The decennial Census and the American Community Survey (ACS) provide the basis for population and household characteristics. Some population and housing unit data are also prepared by the California State Department of Finance (DOF). Housing market information is drawn from both public agencies and private research organiations. City records also provide data regarding some issues such as units at risk of conversion and housing construction and demolition activity in the Coastal Zone. C. Public Participation Section 65583(c) (5) of the Government Code states that The local government shall make diligent effort to achieve public participation of all the economic segments of the community in the development of the housing element, and the program shall describe this effort." Public participation played an important role in the formulation and refinement of the City's housing goals and policies and in the development of a Land Use Plan which determines the extent and density of future residential development in the community. City residents and interested stakeholders had many opportunities to participate in the Housing Element update process. In addition to meetings with the Planning Commission and City Council, the Ad Hoc General Plan /LCP Advisory Committee provided direction to City staff in the preparation of the Housing Element. Meeting notices were posted on the City's website, and notification was posted on the public notice board outside of City Hall at least 72 hours in advance of the meetings. Additionally, notice of the public hearings before the Planning Commission and City Council will be published in the local newspaper. Copies of the draft Element were made available for review at City Hall and were posted on the City website, and notices were sent directly to agencies that serve the City's special needs populations. These service providers included organizations that represent the interests of low- and moderate - income households and persons with special needs. Please see Appendix C for more information regarding the public involvement process. The following is a list of opportunities for public involvement in the preparation of this Housing Element update. 1 -2 March 2012 City of Seal Beach 2008 -2014 Housing Element I. Introduction Joint City Council /Planning Commission study session Planning Commission study session Ad Hoc Committee meeting #1 Ad Hoc Committee meeting #2 Ad Hoc Committee meeting #3 Ad Hoc Committee meeting #4 Joint City Council /Planning Commission hearing Ad Hoc Committee meeting #5 Planning Commission public hearing City Council public hearing March 9, 2009 April 8, 2009 June 3, 2010 May 10, 2011 June 14, 2011 August 9, 2011 October 10, 2011 February 12, 2012 March 14, 20'12 April 9, 2012 (tentative) D. Consistency with Other Elements of the General Plan The Elements that comprise the Seal Beach General Plan are required to be internally consistent. Together these Elements provide the framework for development of facilities, services and land uses necessary to address the needs and desires of the City residents. The City will ensure consistency between the various General Plan elements and ensure policy direction introduced in one element is reflected in other plan elements. For example, residential development capacities established in the Land Use Element and constraints to development identified in the Safety /Noise Element are incorporated into the Housing Element. This Housing Element builds upon the other General Plan elements and is consistent with the policies and proposals set forth by the Plan. As the General Plan is amended from time to time, the City will review the Housing Element for internal consistency, and make any necessary revisions. SB 1087 of 2005 requires cities to provide a copy of their Housing Elements to local water and sewer providers, and also requires that these agencies provide priority hookups for developments with Tower- income housing. The Housing Element will be provided to these agencies immediately upon adoption. Government Code Section 65302 requires that the Land Use Element be reviewed annually for consistency with Federal Emergency Management Agency (FEMA) and state Department of Water Resources (DWR) flood hazard maps, and that amendments to the Safety and Conservation Elements that are required to address flood hazard issues be adopted upon the first amendment to the Housing Element after January 1, 2009. 1 -3 March 2012 City of Seal Beach 2008 -2014 Housing Element II. Housing Needs Assessment 11. HOUSING NEEDS ASSESSMENT Meeting the various housing needs of residents is an important goal for Seal Beach The first step to achieving this goal is understanding the housing needs in the community. This chapter will explore the various demographic and housing characteristics in the City in order to determine the nature and extent of the housing needs and lay the groundwork for policies and programs to address those needs. The Housing Needs Assessment utilizes the most recent data from the U.S. Census., California Department of Finance (DOF), California Employment Development Depart- ment (EDD), Southern California Association of Governments (SCAG) and other relevant sources. Supplemental data was obtained through field surveys or from private sources. A. Community Context Seal Beach encompasses 11.4 square miles in northwestern Orange County south of Long Beach (in Los Angeles County) and north of Huntington Beach (see Figure II -1). Incorporated in 1915 primarily as a farming community, the City has grown while still maintaining its small town atmosphere. The population of the City remained relatively stable from 1915 to 1944 with little more than 1,000 residents. However in 1944 the U S Navy acquired half of the City to construct the Naval Weapons Station bringing new residents to Seal Beach. The population increased to more than 7,000 persons in 1954 with the development of the Marina Hill subdivision. The largest population increase occurred with the development of the Leisure World retirement community beginning in 1962, which currently houses more than 9,000 senior residents. The 2010 population of the city was estimated at 24,168. Demographic characteristics of the Seal Beach have also remained relatively stable over the past three decades. With the presence of Leisure World and many condominium developments catering to retired persons the City has a large number of elderly households. The City's prime beachfront location appeals to the affluent, both working and retired. Property values in Seal Beach increased as the City has become increasingly built out. Newcomers to the City who can afford high housing costs tend to be those of upper incomes or retired persons with substantial assets. However the City also has long- time residents who purchased their homes many years ago when real estate was still affordable. Many of these long -time residents may have difficulty in maintaining their homes. The housing stock in Seal Beach consists of a mix of single - family and multi - family units with one mobile home park. Though a majority of the housing units are more than 40 years of age, housing is generally in good condition with the exception of some older beach areas and some units in the mobile home park. 11-1 March 2012 City of Seal Beach 2008-2014 Housing Element 11. Housing Needs Assessment Figure 11-1 Regional Location Map 11-2 March 2012 City of Seal Beach 2008 -2014 Housing Element II. Housing Needs Assessment B. Population Characteristics 1. Population Growth Trends The population of Seal Beach has been stable for the past two decades. According to the U.S. Census, the city lost population between 1990 and 2000, while virtually no change occurred between 2000 and 2010. During this same time period, Orange County continued to grow, with an increase of about 18% during the 1990s and 6% during 2000- 2010 (see _Table 11 -1). Table 11 -1 Population Trends, 1990 -2010 Seal Beach vs. Orange County Sources: U.S. Census 2. Age Housing needs are influenced by the age characteristics of the population. Different age groups require different accommodations based on lifestyle, family type, income level, and housing preference. Table H -2 shows the city's estimated population by age group. Compared to the county as a whole, Seal Beach has a significantly lower proportion of children and young adults and a much larger proportion of seniors. It is noteworthy that about 38% of Seal Beach residents were age 65 or over compared to just 12% for the county as a whole. Table 11 -2 Age Distribution Seal Beach vs. Orange County Age Group Seal Beach Orange County Persons Growth Growth 1990 2000 2010 1990 -2000 2000 -2010 Seal Beath 25,098 24,157 24,168 -4% 0% Orange County 2,410,668 2,846,289 3,010,232 18% 6% Sources: U.S. Census 2. Age Housing needs are influenced by the age characteristics of the population. Different age groups require different accommodations based on lifestyle, family type, income level, and housing preference. Table H -2 shows the city's estimated population by age group. Compared to the county as a whole, Seal Beach has a significantly lower proportion of children and young adults and a much larger proportion of seniors. It is noteworthy that about 38% of Seal Beach residents were age 65 or over compared to just 12% for the county as a whole. Table 11 -2 Age Distribution Seal Beach vs. Orange County Age Group Seal Beach Orange County Persons % Persons Under 18 years 2,946 12% 757,734 26% 18 to 24 years 1,152 5% 276,702 9% 25 to 44 years 4,262 18% 898,711 30% 45 to 64 years 6,470 27% 715,778 24% 65 to 74 years 3,107 13% 169,552 6% 75 to 84 3,917 16% 113,693 4% 85 and over 2,132 9% 44,661 2% R. -.Trrr mu kirvT,x rviRi nitilicze tItmleiciiimi:DiDI i 11 -3 March 2012 City of Seal Beach 2008 -2014 Housing Element II. Housing Needs Assessment 3. Race and Ethnicity The racial and ethnic composition of the city differs from the county as a whole in that a significantly lower proportion of city residents are Hispanic /Latino or racial minorities. About 10% of city residents are Hispanic as compared to 34% for the county as a whole. Asians, at 9 %, represent the largest non - Hispanic minority (-Table 11 -3). Table 11 -3 Race /Ethnicity Seal Beach vs. Orange County Seal Beach Orange C Persons Not Hispanic or Latino -White -Black or African American - American Indian /Alaska Native -Asian -Native Hawaiian /Pacific Islander -Other races or 2+ races Hispanic or Latino (any race) 18,580 255 38 2,273 52 639 2,331 oI0 77% 1% 0.2% 9% 0.2% 3% 10% Persons unty 1,328,499 44,000 6,216 532,477 8,357 77,710 1,012,973 44% 1% 0.2% 18% 0.3% 3% 34% Total 24,168 1 3,010,232 Sources: U.S. Census Bureau, 2010 Decennial Census C. Household Characteristics 1. Household Composition and Size Household characteristics are important indicators of the type and size of housing needed in a city. The Census defines a "household" as all persons occupying a housing unit, which may include single persons living alone, families related through marriage or blood, or unrelated persons sharing a single unit. Persons in group quarters such as dormitories, military barracks, prisons, retirement or convalescent homes, or other group living situations are included in population totals, but are not considered households. Table 11 -4 provides a comparison of households by type for the city and Orange County as a whole, as reported in the 2005 -2009 American Community Survey. Family households comprised approximately 45% of all households in the city, significantly fewer than the county with 71%. Nearly half of all households in Seal Beach consisted of a single person living alone, compared to only one - quarter of county Nearly half of all households in households. The large percentage of single - Seal Beach consisted of a person households in Seal Beach is not surprising single person living alone, • considering the large number of elderly residents. compared to only one - quarter of county households. . 11-4 March 2012 City of Seal Beach 2008 -2014 Housing Element II. Housing Needs Assessment Table 11 -4 Household Composition Seal Beach vs. Orange County Seal Beach Type Family households: Married - couple family Other family: Male householder, no wife present Female householder, no husband present Nonfamily households: Householder living alone Householder not living alone Average household size Source: U.S. Census Bureau, 2005 -2009 ACS, Table B11001 Households 5,678 4,860 818 242 576 6,984 6,218 766 45% 38% 7% 2% 5% 55% 49% 6% Orange County 71% 54% 17% 6% 11% 29% 23% Households 89,212 28,305 60,907 54,031 06,876 84,789 8,877 5912 7% 6 5 1 1 2 21 6, 2. Housing Tenure Housing tenure (owner vs. renter) is an important indicator of the housing market. Communities need an adequate supply of units available both for rent and for sale in order to accommodate a range of households with varying income, family size and composition, and lifestyle. _Table 11 -5 shows that over three - quarters of housing units in Seal Beach are owner - occupied compared to 61 % for the county as a whole. Table 11 -5 Household Tenure - Seal Beach vs. Orange County Tenure Seal Beach Orange County Units % Units % Owner Occupied Renter Occupied 9,789 2,873 77% 23% 598,752 375,249 61% 39% Total occupied units 12,662 - 974,001 Source: U.S. Census Bureau, 2005 -2009 ACS, Table B25003 3. Overcrowding Overcrowding is often closely related to household income and the cost of housing. The U.S. Census Bureau considers a household to be overcrowded when there is more than one person per room, excluding bathrooms and kitchens, with severe overcrowding when there are more than 1.5 occupants per room. _Table 11 -6 summarizes overcrowding for the City of Seal Beach compared to Orange County as a whole. 11-5 March 2012 City of Seal Beach 2008 -2014 Housing Element 11. Housing Needs Assessment Table 11 -6 Overcrowding — Seal Beach vs. Orange County Household Tenure Seal Beach Orange County Households % Households Owner- Occupied 9,789 598,752 Overcrowded 7 0.1% 18,515 3% Severely overcrowded 0 - 6,423 1% Renter - Occupied 2,873 375,249 Overcrowded 85 3% 38,259 10% Severely overcrowded 0 - 24,594 7% Source: U.S. Census Bureau, 2005 -2009 ACS, Table B25014 The incidence of overcrowding is very low in Seal Beach, with just 3% of rental units and almost no owner - occupied units reporting overcrowding. None reported severe overcrowding. The relatively high cost of housing in Seal Beach and throughout the region is considered to be the primary cause of overcrowding. Several programs in the Housing Action Plan (Chapter V) designed to address housing affordability will also help to alleviate overcrowding. These programs include 1 a (Provision of Adequate Sites), 1 c (Second Units), 2b (Affordable Housing Resources), 2d (Preserve the Existing Affordable Housing Stock), 3a (Section 8 Rental Assistance), 3d (SRO Housing), and 5c (Housing Information and Referral). 4. Overpayment According to state housing policy, overpaying occurs when housing costs exceed 30% of gross household income. _Table 11-8 displays estimates for overpayment in 1999 by Seal Beach households. According to SCAG, 79% of all lower- income renter households and 97% of all lower- income owner households in Seal Beach were overpaying for housing. For households of all income levels, 36% of renters and 22% of owners were overpaying. Although homeowners enjoy income and property tax deductions and other benefits that help to compensate for high housing costs, lower- income homeowners may need to defer maintenance or repairs due to limited funds, which can lead to deterioration. For lower- income renters, severe cost burden can require families to double up resulting in overcrowding and related problems. 11 -6 March 2012 City of Seal Beach 2008 -2014 Housing Element II. Housing Needs Assessment Table 11-7 Overpayment by Income Category Income Category Renters Owners Households % Households % Extremely low households 285 665 Households overpaying 220 77% 650 98% Very low households 235 260 Households overpaying 195 83% 255 98% Low households 235 170 Households overpaying 185 79% 155 91% All Tower- income households 755 1,095 Households overpaying 600 79% 1,060 97% All households 3,097 4,805 Households overpaying 1,114 36% 1,059 22% Source: SCAG 2006 based on 2000 Census The relatively high cost of housing in Seal Beach and throughout the region is the primary cause of overpayment. Several programs in the Housing Action Plan (Chapter V) designed to address housing affordability will also help to address this issue. These programs include 1 a (Provision of Adequate Sites), 1 c (Second Units), 2b (Affordable Housing Resources), 2d (Preserve the Existing Affordable Housing Stock), 3a (Section 8 Rental Assistance), 3d (SRO Housing), and 5c (Housing Information and Referral). Extremely Low Income Households State law requires quantification and analysis of existing and projected housing needs of extremely -low- income (ELI) households. Extremely -low- income is defined as households with income less than 30% of area median income. The area median income for Orange County was $84,2002. For extremely -low- income households in Orange County, this results in an income of $27,700 or less for a four - person household, when adjusted for high housing costs. Households with extremely -low- income have a variety of housing situations and needs. Existing Needs In 2000, approximately 950 extremely -low income households resided in Seal Beach (Table 11-7). 77% of extremely -low- income renter households were overpaying, while 98% of extremely -low- income owners were overpaying. Projected Needs The projected housing need for extremely -low- income households is assumed to be 50% of the very-low- income regional housing need of 11 units. As a result, the City has a 2 California HCD, Revised Official State Income Limits for 2011, 7/13/2011. Income limits are adjusted for high housing costs in Orange County. 11-7 March 2012 City of Seal Beach 2008 -2014 Housing Element II. Housing Needs Assessment projected need for 6 extremely -low- income units. The resources and programs to address this need are the same as for low- income housing in general and are discussed throughout the Housing Element, including Chapter V, the Housing Action Plan. Because the needs of extremely -low- income households overlap extensively with other special needs groups, further analysis and resources for extremely low income households can be found in Chapter IV, Constraints, Section A.1.d. (Special Needs Housing). D. Employment Employment is an important factor affecting housing needs within a community. The jobs available in each employment sector and the wages for these jobs affect the type and size of housing residents can afford. 1. Current Employment Current employment and projected job growth have a significant influence on housing needs during this planning period. _Table 11-9 shows that about 46% of Seal Beach residents age 16+ were in the labor force, compared to 68% for Orange County as a whole. The lower labor force participation rate in the city is attributable to the large population of retired residents. Table 11 -8 Labor Force - Seal Beach vs. Orange County Labor Force Status Seal Beach Orange County % 68% 3% 32% 10% • Persons Persons In labor force -Work at home Not in labor force -With social security income Total population age 16+ Source: U.S. Census Bureau, 2005 -2009 ACS 9,924 544 11,544 7,053 46% 3% 54% 33% 1,556,675 65,518 748,463 221,318 21,468 2,305,138 Approximately 55% of the city's working residents were employed in management and professional occupations (_Table 11-10). A significant percentage of workers (27 %) were employed in sales and office related occupations. A relatively low percentage of workers (9 %) were employed in service related occupations. Blue collar occupations such as machine operators, assemblers, farming, transportation, handlers and laborers constituted about 8% of the workforce. 11-8 March 2012 City of Seal Beach 2008 -2014 Housing Element II. Housing Needs Assessment Table 11-9 Employment by Occupation Occupation Management, professional and related Service Sales and office Farming, fishing and forestry Construction, extraction, and maintenance Production, transportation, and material moving Source: U.S. Census Bureau, 2005 -2009 ACS — Seal Beach Jobs 5,056 870 2,520 16 500 295 % of Total 55% 9% 27% 0.2% 5% 3% 2. Projected Job Growth Future housing needs are affected by the number and type of new jobs created during this planning period. _Table 11-11 shows projected job growth by occupation for the Santa Ana - Anaheim - Irvine MSA (Orange County) along with median hourly wages for the period 2004 -2014. Generally, residents who are employed in well - paying occupations have Tess difficulty obtaining adequate housing than residents in low- paying occupations. ..Table II -11 illustrates the growth trend in low -wage service jobs such as health care support, food preparation and serving, cleaning and maintenance, sales, and office /administrative support. 11 -9 March 2012 City of Seal Beach 2008 -2014 Housing Element II. Housing Needs Assessment Table 11 -10 Projected Job Growth by Occupation, 2004 -2014 - Santa Ana - Anaheim -Irvine Metropolitan Statistical Area Occupational Title Annual Average Employment Employment Change Median Hourly Wage* 2004 2014 Jobs % Total, All Occupations 1,599,600 1,887,000 287,400 18.0 $15.80 Management Occupations 107,850 128,710 20,860 19.3 $44.44 Business and Financial Operations Occupations 82,810 101,470 18,660 22.5 $27.87 Computer and Mathematical Occupations 43,440 57,270 13,830 31.8 $32.40 Architecture and Engineering Occupations 36,300 43,750 7,450 20.5 $33.26 Life, Physical, and Social Science Occupations 12,900 15,500 2,600 20.2 $28.98 Community and Social Services Occupations 14,250 17,000 2,750 19.3 $21.55 Legal Occupations 12,810 15,440 2,630 20.5 $41.93 Education, Training, and Library Occupations 74,440 96,080 21,640 29.1 $24.02 Arts, Design, Entertainment, Sports, and Media 31,720 37,720 6,000 18.9 $20.29 Occupations Healthcare Practitioners and Technical Occupations 54,540 67,000 12,460 22.8 $30.93 Healthcare Support Occupations 31,040 39,970 8,930 28.8 $11.76 Protective Service Occupations 25,500 30,330 4,830 18.9 $13.48 Food Preparation and Serving Related Occupations 119,650 148,940 29,290 24.5 $8.32 Building and Grounds Cleaning and Maintenance 60,870 74,520 13,650 22.4 $9.13 Occupations Personal Care and Service Occupations 38,590 47,830 9,240 23.9 $9.40 Sales and Related Occupations 187,440 219,640 32,200 17.2 $13.20 Office and Administrative Support Occupations 290,520 318,250 27,730 9.5 $15.03 Farming, Fishing, and Forestry Occupations 6,830 7,080 250 3.7 $8.71 Construction and Extraction Occupations 98,530 119,050 20,520 20.8 $19.55 Installation, Maintenance, and Repair Occupations 52,360 61,790 9,430 18.0 $18.27 Production Occupations 124,410 132,340 7,930 6.4 $11.02 Transportation and Material Moving Occupations 92,860 • 107,310 14,450 15.6 $10.25 Source: California Employment Development Dept., March 2005 Benchmark '2006 wages http://www.calmis.ca.govifile/ocqruYrive$occprcj.xls 3. Jobs - Housing Balance A regional balance of jobs to housing helps to provide opportunities for people to live near their workplace, and reduce Tong- distance commuting. When the number of jobs significantly exceeds the housing supply, housing markets may become overheated, requiring households to pay a larger percentage of their income for housing. The current jobs- housing objective within the SCAG region is one new housing unit for every 1.5 jobs.3 3 SCAG 2008 Regional Comprehensive Plan, Land Use & Housing Chapter 11-10 March 2012 City of Seal Beach 2008 -2014 Housing Element 11. Housing Needs Assessment According to recent Census estimates, about 57% of employed Seal Beach residents worked in Orange County, and approximately 18% of all workers were employed within the City limits (_Table II -12). About 43% of residents commuted outside Orange County, which is not unexpected due to the city's location on the border of Los Angeles County. Table 11 -11 Job Location for Seal Beach Residents Persons Work in Seal Beach Work elsewhere in Orange County Work in another Califomia county Work outside Califomia 1,621 3,550 3,996 38 18% 39% 43% 0.4% Total workers age 16+ 1 9,205 Source: U.S. Census Bureau, 2005 -2009 ACS, Tables B08007 & B08008 E. Housing Stock Characteristics This section presents an evaluation of the characteristics of the community's housing stock and helps in identifying and prioritizing needs. The factors evaluated include the number and type of housing units, recent growth trends, age and condition, tenure, vacancy, housing costs, affordability, and assisted affordable units at -risk of Toss due to conversion to market -rate. A housing unit is defined as a house, apartment, mobile home, or group of rooms, occupied as separate living quarters, or if vacant, intended for occupancy as separate living quarters. 1. Housing Type and Growth Trends The largest component of the housing stock in Seal Beach is comprised of multi - family units in large (5 +) complexes, with 44% of total units in 2010. Single- family detached homes made up about one -third of all units. ..Table 11-14 provides a breakdown of the housing stock by type along with growth trends for the city compared to Orange County as a whole for the period 2000 -2010. During this time period, the city added 279 housing units, an average of about 28 units per year. This represented just 2% growth in the housing stock compared to 7% for the entire county, which reflects the lack of vacant developable land in Seal Beach. 11-11 March 2012 City of Seal Beach 2008 -2014 Housing Element II. Housing Needs Assessment Table 11 -12 Housing by Type, 2000 -2010 — Seal Beach vs. Orange County 2000 2010 Growth Structure Type Units • Units Units ii.l7aS,tl �} - �!'1Si. .f1.� ; 7..,� tC, Y:-.� = �I^'�T'�' x::Jw�•``�.. C3. >:. Single- family detached 4,539 32% 4,711 32% 172 62% Single- family attached 2,121 15% 2,121 15% 0 0% Multi- family 2-4 units 1,169 8% 1,160 8% (9) -3% Multi- family 5+ units 6,275 44% 6,390 44% 115 41% Mobile homes 163 1% 164 1% 1 0% Total units 1 14,267 100% 14,546 100% 279 100% Single - family detached 489,657 51% 521,768 50% 32,111 45% Single - family attached 124,702 13% 130,118 13% 5,416 8% Multi- family 2-4 units 88,804 9% 91,400 9% 2,596 4% Multi- family 5+ units 233,871 24% 265,146 25% 31,275 44% Mobile homes 32,450 3% 32,112 3% -338 0% Total units 1 969,484 100% 1,040,544 100% 71,060 100% Source: Cal. Dept of Finance, Table E -5, 2011 2. Housing Age and Conditions Housing age is often an important indicator of housing condition. Housing units built prior to 1978 before stringent limits on the amount of lead in paint were imposed may have interior or exterior building components coated with lead -based paint. Housing units built before 1970 are the most likely to need rehabilitation and to have lead -based paint in deteriorated condition. Lead -based paint becomes hazardous to children under age six and to pregnant women when it peels off walls or is pulverized by windows and doors opening and closing. -Table 11-15 shows the age distribution of the housing stock in Seal Beach compared to Orange County as a whole. This table shows that about three - quarters of all housing units in Seal Beach were constructed prior to 1970. Even though the majority of homes are more than 40 years old, housing conditions are generally good to excellent, and very few homes are in need of any significant repair. The City's Code Enforcement activities focus on maintaining a high quality of life for residents and visitors. Most enforcement activities are complaint- driven, although ongoing monitoring occurs in the Seal Beach Shores Trailer Park. It is estimated that approximately 10 mobile homes in the park are in need of some form of rehabilitation. Programs 2d and 4a in the Housing Action Plan is intended to address these needs. 11-12 March 2012 City of Seal Beach 2008 -2014 Housing Element II. Housing Needs Assessment Table 11 -13 Age of Housing Stock by Tenure - Seal Beach vs. Orange County Year Built Seal Beach Orange County Units % Units % 2005 or later 62 0.4% 15,683 1.5% 2000 -04 152 1.1% 61,917 6.0% 1990 -99 316 2.2% 120,826 11.7% 1980 -89 775 5.4% 165,806 16.1% 1970 -79 2,072 14.5% 260,882 25.4% 1960 -69 7,329 51.3% 216,048 21.0% 1950 -59 2,308 16.2% 135,124 13.1% 1940-49 972 6.8% 26,544 2.6% 1939 or earlier 302 2.1% 25,660 2.5% Source: U.S. Census Bureau, 2005 -2009 ACS 3. Vacancy Rates According to the U.S. Census Bureau, vacancy rates during the period 2005 -2009 averaged 1.7% for owner - occupied units and 8.1% for rental units. A rental vacancy rate of 5% is considered typical for a healthy housing market. Since many rental units in beach communities are used for short-term vacation use, a higher than normal vacancy rate is not considered unusual. 4. Housing Cost a. Housing Affordability Criteria State law establishes five income categories for purposes of housing programs based on the area (Le., county) median income ( "AMI "): extremely -low (30% or less of AMI), very- low (31 -50% of AMI), low (51 -80% of AMI), moderate (81 -120% of AMI) and above moderate (over 120% of AMC). Housing affordability is based on the relationship between household income and housing expenses. Each year the California Department of Housing and Community Development.4 publishes income guidelines for these income categories. Housing is generally considered "affordable" if the monthly payment is no more than 30% of a household's gross income. In some areas (such as Orange County), these income limits may be increased to adjust for high housing costs. _Table 11-18 shows affordable rent levels and estimated affordable purchase prices for housing in Seal Beach (and Orange County) .5 by income category. Based on state - adopted standards, the maximum affordable monthly rent (including utilities) for extremely -low- income households is $696, while the maximum affordable rent for very- low- income households is $1,161. The maximum affordable rent for low- income households is $1,858, while the maximum for moderate - income households is $2,616. 4 HCD memo of 6/17/2010 (http: / /www.hcd.ca.gov /hpd /hrc /rep /state /inc2kl0.pdf) 5 Affordable rent and purchase prices are based on county median income. 11 -13 March 2012 City of Seal Beach 2008 -2014 Housing Element II. Housing Needs Assessment Maximum purchase prices are more difficult to determine due to variations in mortgage interest rates and qualifying procedures, down payments, special tax assessments, homeowner association fees, property insurance rates, etc. With this caveat, the maximum home purchase prices by income category shown in Table 11 -18 have been estimated based on typical conditions. Purchase prices for lower- income households have not been estimated due to the high housing costs in beach communities. Table 11 -14 Income Categories and Affordable Housing Costs, 2011 - Orange County 2011 County Median Income = $84,200 Income Limits Affordable Rent Affordable Price (est.) Extremely Low ( <30 %) $27,700 $693 - Very Low (31 -50 %) $46,150 $1,154 - Low (51 -80 %) $73,850 $1,846 - Moderate (81- 120 %) $101,050 $2,526 $400,000 Above moderate (120 % +) $101,050+ $2,526+ $400,000+ Assumptions: -Based on a family of 4 -30% of gross income for rent or PITT -10% down payment, 5% interest, 1.25% taxes & insurance, $200 HOA dues Source: Cal. HCD, 7/13/2011; J.H. Douglas & Associates b. For -Sale Housing Existing housing resale price statistics for April 2011 are shown in _Table 11 -19. Table 11 -15 Resale Housing Prices - Seal Beach 2011 Single- Family Detached* Condo* $943,000 $320,000 Source: DQ News, 4/2011 *Median sales prices Based on the estimated affordable purchase prices shown in Table 11 -18, this table confirms that the typical single - family detached house in Seal Beach is not affordable to low- or moderate - income households. However, the median price of resale condos was within the moderate - income range. This is likely attributable to the large number of modestly -sized condos located in the Leisure World retirement community. c. Rental Housing _Table 11 -20 shows the results of a recent survey of apartments offered for rent in Seal Beach. The advertised rent ranged from $1,189 to $1,899 per month. 11-14 March 2012 City of Seal Beach 2008 -2014 Housing Element II. Housing Needs Assessment Table 11 -16 Rental Market Survey - Seal Beach Bedrooms 1 2 Source: Rentcom, 6/2011 Rent $1,189 $1,899 When market rents are compared to the amounts low- income households can afford to pay (_Table 11-18), it is clear that lower- income households have a difficult time finding housing without overpaying. However, at the moderate - income levels, households are much more likely to find affordable rentals. F. Special Needs Certain groups have greater difficulty in finding decent, affordable housing due to special circumstances. Such circumstances may be related to one's employment and income, family characteristics, disability, or other conditions. As a result, some Seal Beach residents may experience a higher prevalence of overpayment, overcrowding, or other housing problems. State Housing Element law defines "special needs" groups to include persons with disabilities (including developmental disabilities), the elderly, large households, female - headed households with children, homeless people, and farm workers. Many households within these special needs groups also fall within the extremely -low- income category. This section contains a discussion of the housing needs facing each of these groups. 1. Persons with Disabilities The Americans with Disabilities Act (ADA) defines a disabled person as having a physical or mental impairment that substantially limits one or more major life activities. Disabled persons may have special housing needs as a result of their disability. Problems may include low income, high health care costs, dependency on supportive services, or a need for special building accommodations such as access ramps or elevators. _Table 11-21 shows disability data for Seal Beach residents in 2000. As would be expected, the highest rates of disabilities were reported by those aged 65 and over. Housing opportunities for those with disabilities can be improved through housing assistance programs and universal design features such as widened doorways, ramps, lowered countertops, single -level units and ground floor units. 11-15 March 2012 City of Seal Beach 2008 -2014 Housing Element II. Housing Needs Assessment Table 11 -17 Persons with Disabilities by Age Group Disability by Age Disabilities itai perso7is� �x:�� >w ;` With a sensory disability With a physical disability With a mental disability With a self -care disability 37 15 62 24 With a sensory disability With a physical disability. With a mental disability With a self -care disability With a go- outside- the -home disability With an employment disability 190 507 260 64 315 890 2% 4% 2% 1% 3% 7% e. With a sensory disability With a physical disability. With a mental disability With a self -care disability With a go- outside -the -home disability 1,373 2,115 787 596 1,324 35% 55% 20% 15% 34% Source: 2000 Census, SF3 Tables P8 and P41 Note: Numbers in shaded rows represent persons, not disabilities. Persons may report more than one disability Developmentally Disabled As defined by federal law, "developmental disability" means a severe, chronic disability of an individual that: • Is attributable to a mental or physical impairment or combination of mental and physical impairments; • Is manifested before the individual attains age 22; • Is likely to continue indefinitely; • Results in substantial functional limitations in three or more of the following areas of major life activity: a) self -care; b) receptive and expressive language; c) learning; d) mobility; e) self- direction; f) capacity for independent living; or g) economic self - sufficiency; • Reflects the individual's need for a combination and sequence of special, interdisciplinary, or generic services, individualized supports, or other forms of assistance that are of lifelong or extended duration and are individually planned and coordinated. The Census does not record developmental disabilities. According to the U.S. Administration on Developmental Disabilities, an accepted estimate of the percentage of the population that can be defined as developmentally disabled is 1.5 percent. Many 11-16 March 2012 City of Seal Beach 2008 -2014 Housing Element II. Housing Needs Assessment developmentally disabled persons can live and work independently within a conventional housing environment. More severely disabled individuals require a group living environment where supervision is provided. The most severely affected individuals may require an institutional environment where medical attention and physical therapy are provided. Because developmental disabilities exist before adulthood, the first issue in supportive housing for the developmentally disabled is the transition from the person's living situation as a child to an appropriate level of independence as an adult. The State Department of Developmental Services (DDS) currently provides community - based services to approximately 243,000 persons with developmental disabilities and their families through a statewide system of 21 regional centers, four developmental centers, and two community -based facilities. The Regional Center of Orange County (RCOC) is one of 21 regional centers in the State of California that provides point of entry to services for people with developmental disabilities. The RCOC is a private, non - profit community agency that contracts with local businesses to offer a wide range of services to individuals with developmental disabilities and their families. Any resident of Orange County who has a developmental disability that originated before age 18 is eligible for services. Services are offered to people with developmental disabilities based on Individual Program Plans and may include: Adult day programs; advocacy; assessment /consultation; behavior management programs; diagnosis and evaluation; independent living services; infant development programs; information and referrals; mobility training; prenatal diagnosis; residential care; respite care; physical and occupational therapy; transportation; consumer, family vendor training; and vocational training. RCOC also coordinates the state - mandated Early Start program, which provides services for children under age three who have or are at substantial risk of having a developmental disability. According to the RCOC February 2010 Facts and Statistics data, the RCOC currently serves approximately 16,728 individuals. Of those individuals, a total of 61 individuals currently reside in Seal Beach according to Jack Stanton, RCOC Chief Counselor. The mission of the Dayle McIntosh Center is to advance the empowerment, equality, integration and full participation of people with disabilities in the community. The Center is not a residential program, but instead promotes the full integration of disabled persons into the community. Dayle McIntosh Center is a consumer - driven organization serving all disabilities. Its staff and board are composed of over 50% of people with disabilities. Its two offices service over 500,000 people in Orange County and surrounding areas with disabilities. The main office in Garden Grove is located in close proximity to Seal Beach. In addition, City housing programs that respond to the needs of this population include 1d (Emergency Shelters and Transitional /Supportive Housing) and 3a (Section 8 Rental Assistance). 2. Elderly The ACS reported 6,381 owner - occupied households and 528 renter - occupied households in Seal Beach where the householder was 65 or older (_Table II -22). The unusually high number of senior households in Seal Beach is in large part attributable to the presence of the Leisure World community. Many elderly persons are dependent on 11-17 March 2012 City of Seal Beach 2008 -2014 Housing Element II. Housing Needs Assessment fixed incomes and /or have a disability. Elderly homeowners may be physically unable to maintain their homes or cope with living alone. The housing needs of this group can be addressed through smaller units, second units on Tots with existing homes, shared living arrangements, congregate housing and housing assistance programs. The following programs described in the Housing Action Plan (Chapter V) help to address the housing needs of the elderly: 1 a (Provision of Adequate Sites), 1c (Second Units), 2b (Affordable Housing Resources), 2d (Preserve the Existing Affordable Housing Stock), 3a (Section 8 Rental Assistance), 3c (Affordability Covenants on City or Agency- Assisted Housing), 3d (SRO Housing), 4a (Owner- Occupied Home Improvements), 5b (Removal of Architectural Barriers), and 5c (Housing Information and Referral). Table 11 -18 Elderly Households by Tenure Householder Age Under 65 years 65 to 74 years 75 to 84 years 85 and over Total households Owners Rente rs Households Households 3,408 1,897 2,971 1.513 35% 19% 30% 15% 2,345 209 147 172 /Y 82% 7% 5% 6% 100% 9,789 1 100% I 2,873 Source: 2005 -2009 ACS Table B25007 3. Large Households Household size is an indicator of need for large units. Large households are defined as those with five or more members. Census data showed that Seal Beach had significantly smaller households than the county as a whole. Over half of all owner - occupied households in Seal Beach were comprised of a single person, while only 3% of owner households had five or more persons. Over half of renter households had only one or two persons, while only 16% had five or more members (_Table II -23). This distribution indicates that the need for large units with three or more bedrooms is significantly less than for smaller units. 11-18 March 2012 City of Seal Beach 2008 -2014 Housing Element 11. Housing Needs Assessment Table 11 -19 Household Size by Tenure - Seal Beach vs. Orange County Source: 2000 Census, SF3 Table H17 While large households are far less prevalent in Seal Beach than in some other cities, the following programs described in the Housing Action Plan (Chapter V) help to address these needs: 1 a (Provision of Adequate Sites), 2b (Affordable Housing Resources), 2d (Preserve the Existing Affordable Housing Stock), 3a (Section 8 Rental Assistance), and 5c (Housing Information and Referral). 4. Female- Headed Households Of the 13,085 households in the City, just 4% of owners and 8% of renters were headed by a female (_Table II -24). While female- headed households represent a relatively small portion of all households, 17% of these households reported incomes that are below the poverty levels. Table 11 -20 Household Type by Tenure Household Type Married couple family Male householder, no wife present Female householder, no husband present Non - family households Owners Households Renters 1 32% 4% 8% 56% Households Total households 4,086 94 426 5,365 41% 1% 4% 54% 992 114 253 1,755 1 9,971 100% 3,114 100% Source: 2000 Census, SF3 Table H19 The following programs described in the Housing Action Plan (Chapter V) help to address the housing needs of female- headed households: 1 a (Provision of Adequate Sites), 1 c (Second Units), 2b (Affordable Housing Resources), 2d (Preserve the Existing Affordable 6 2000 Census, SF3 Table P89 11-19 March 2012 Seal Beach Orange County Household Owners Renters Owners Renters Size Households % Households % Households % Households % 1 person 5,140 52% 1,190 38% 106,942 19% 90,605 25% 2 persons 3,176 32% 1,150 37% 186,108 32% 92,862 26% 3 persons 731 7% 423 14% 95,344 17% 56,663 16% 4 persons 657 7% 250 8% 97,638 17% 48,939 14% 5 persons 178 2% 76 2% 46,614 8% 30,341 8% 6 persons 59 1% 22 1% 20,447 4% 17,649 5% 7+ persons 30 0.3% 3 0.1% 21,100 4% 24,035 7% Total households 9,971 100% 3,114 100% 574,193 100% 361,094 100% Source: 2000 Census, SF3 Table H17 While large households are far less prevalent in Seal Beach than in some other cities, the following programs described in the Housing Action Plan (Chapter V) help to address these needs: 1 a (Provision of Adequate Sites), 2b (Affordable Housing Resources), 2d (Preserve the Existing Affordable Housing Stock), 3a (Section 8 Rental Assistance), and 5c (Housing Information and Referral). 4. Female- Headed Households Of the 13,085 households in the City, just 4% of owners and 8% of renters were headed by a female (_Table II -24). While female- headed households represent a relatively small portion of all households, 17% of these households reported incomes that are below the poverty levels. Table 11 -20 Household Type by Tenure Household Type Married couple family Male householder, no wife present Female householder, no husband present Non - family households Owners Households Renters 1 32% 4% 8% 56% Households Total households 4,086 94 426 5,365 41% 1% 4% 54% 992 114 253 1,755 1 9,971 100% 3,114 100% Source: 2000 Census, SF3 Table H19 The following programs described in the Housing Action Plan (Chapter V) help to address the housing needs of female- headed households: 1 a (Provision of Adequate Sites), 1 c (Second Units), 2b (Affordable Housing Resources), 2d (Preserve the Existing Affordable 6 2000 Census, SF3 Table P89 11-19 March 2012 City of Seal Beach 2008 -2014 Housing Element H. Housing Needs Assessment Housing Stock), 3a (Section 8 Rental Assistance), and 5c (Housing Information and Referral). 5. Farm Workers Farm workers are traditionally defined as persons whose primary income is from seasonal agricultural work. Historically, Orange County's economy was linked to agriculture. While there are still active farming areas on the Irvine Ranch and in some other cities, shifts in the local economy to production and service- oriented sectors have significantly curtailed agricultural production within the county. Today, Orange County is a mostly developed urban /suburban region with a strong local economy. Although the county is increasingly capturing major employers in Southern California, this growth is not tied to an agricultural base. The 2000 Census reported about 3,000 persons employed in agricultural occupations in Orange County. Only 10 Seal Beach residents reported Farming, Fishing and Forestry as their occupation (-Table 11-25). As a result, there is not a significant need for farmworker housing in Seal Beach. Table 11 -21 Agricultural Employment Source: 2000 Census, SF3 Table P50 6. Homeless Persons Throughout the country, homelessness has become an increasing problem. Factors contributing to the rise in homelessness include: the general lack of housing affordable to low and moderate income persons; increases in the number of persons whose incomes fall below the poverty level; reductions in public subsidy to the poor; and the de- institutionalization of the mentally ill. The Stewart B. McKinney Homeless Assistance Act (42, U.S.C. 1130, et seq. 1994) defines a "homeless" person as an individual who Tacks a fixed, regular, and adequate nighttime residence, or an individual whose primary nighttime residence is: a. A supervised publicly or privately operated shelter designed to provide temporary living accommodations; b. An institution that provides a temporary residence for individuals intended to be institutionalized; c. A public or private place not designed for, or ordinarily used as, regular sleeping accommodations for human beings. The McKinney -Vento Act ( §725(2); 42 U.S.C. 11435(2)) defines a person "at- risk" of becoming homeless as an individual who faces imminent eviction (within a week) from a 11 -20 March 2012 Seal Beach of County Total Orange County Workers 10 0.3% 3,023 Source: 2000 Census, SF3 Table P50 6. Homeless Persons Throughout the country, homelessness has become an increasing problem. Factors contributing to the rise in homelessness include: the general lack of housing affordable to low and moderate income persons; increases in the number of persons whose incomes fall below the poverty level; reductions in public subsidy to the poor; and the de- institutionalization of the mentally ill. The Stewart B. McKinney Homeless Assistance Act (42, U.S.C. 1130, et seq. 1994) defines a "homeless" person as an individual who Tacks a fixed, regular, and adequate nighttime residence, or an individual whose primary nighttime residence is: a. A supervised publicly or privately operated shelter designed to provide temporary living accommodations; b. An institution that provides a temporary residence for individuals intended to be institutionalized; c. A public or private place not designed for, or ordinarily used as, regular sleeping accommodations for human beings. The McKinney -Vento Act ( §725(2); 42 U.S.C. 11435(2)) defines a person "at- risk" of becoming homeless as an individual who faces imminent eviction (within a week) from a 11 -20 March 2012 City of Seal Beach 2008 -2014 Housing Element II. Housing Needs Assessment private dwelling or institution and who has no subsequent residence or resources to obtain housing. People are also at risk of homelessness when they experience a sudden drop in income, a rise in housing costs, and /or they do not have the skills necessary to manage their limited resources. According to the National Coalition for the Homelessness (NCH), most individuals at risk of homelessness are on a fixed income or are marginally employed and have few ties to family and friends. The County of Orange Housing and Community Services Department undertakes an annual estimate of the County's homeless population as part of its application for homeless assistance grant funds to HUD. The Point -in -Time survey7 conducted in January 2009 estimated that there were 5,724 unsheltered homeless persons in the county at that time. The survey did not estimate the homeless population of each city. The Seal Beach Police Department indicated that the long -term homeless population within Seal Beach on any given night is believed to be approximately 10 individuals8. One emergency and transitional housing facility, Interval House, is located in Seal Beach. Interval House operates three stages of housing for victims of domestic violence. The first stage emergency shelter offers up to 45 days for 32 persons. The second stage program has a capacity of 19 beds for up to 18 months of stay. The third stage transitional housing has a capacity of 5 beds for up to 24 months of stay. In addition, the City will comply with the requirements of Senate Bill 2, which requires that a zone be designated where emergency shelters may be established "by- right" and that transitional and supportive housing be permitted subject only to the same regulations as other residential uses of the same type in the same zone (see Program 1d). G. Assisted Housing at Risk of Conversion In 2000 the Seal Beach Redevelopment Agency helped to secure financing to allow conversion of the Seal Beach Shores Trailer Park to affordable tenant ownership. The Agency secured a $6.75 million low- interest loan and a $985,000 bridge loan for the project. A park includes 100 units (25 very-low and 75 low). None of these units are at risk during the current period. One other affordable housing project - Country Villa Seal Beach - is located in the city. According to the California Housing Partnership, this 90 -unit project is assisted through Sections 232 and 223(f). Covenants are not scheduled to expire until 2035 and therefore the project is not at risk during this planning period. Country Villa is a group quarters living arrangement. H. Housing Constructed, Demolished or Converted within the Coastal Zone California Government Code §65588(d) requires that the Housing Element update take into account any low- or moderate - income housing provided or required in the Coastal 7 Applied Survey Research, .2009 Orange County Homeless Census and Survey 8 Personal communication with Sgt. Ron LaVelle (7/21/2011) 11-21 March 2012 City of Seal Beach 2008 -2014 Housing Element II. Housing Needs Assessment Zone pursuant to Section 65590 (the Mello Act9). State law requires that jurisdictions monitor the following: o The number of new housing units approved for construction within the Coastal Zone (after January 1, 1982); o The number of low- or moderate - income units required to be provided in new developments either within the Coastal Zone or within three miles of the Coastal Zone; • The number of existing housing units in properties with three or more units occupied by low- or moderate - income households that have been authorized for demolition or conversion since January 1, 1982; and G The number of low- or moderate - income replacement units required within the Coastal Zone or within three miles of the Coastal Zone. Table 11-22 provides these statistics for the Coastal Zone through 2010. Table 11 -22 Coastal Zone Housing Units —1982 -2010 Seal Beach Category Units Number of new units approved for construction in the Coastal Zone after January 1, 1982: 98 Number of new units for low- and moderate - income households required to be provided either within the coastal zone or within three miles of it: 0 Number of units occupied by low- and moderate- income households and authorized to be demolished or converted: 12 Number of units for low- and moderate - income households required either within the coastal zone or within three miles of it in order to replace those demolished or converted: 6 In order to receive a demolition or a conversion permit, the request must comply with the Mello Act. The City examines any Coastal Zone development that entails the demolition or conversion of residential units that are not categorically exempt from the California Environmental Quality Act (CEQA). A property that is determined to be a public nuisance or is an owner - occupied, single - family dwelling, is not examined in accordance with the Mellow Act. All other types of projects are evaluated. Program 4c in the Housing Action Plan (Chapter V) responds to the requirements of state law on this issue. 9 The Mello Act in part requires replacement of affordable units demolished or converted within the coastal zone. 11-22 March 2012 City of Seal Beach 2008 -2014 Housing Element II. Housing Needs Assessment I. Future Housing Needs 1. Overview of the Regional Housing Needs Assessment The Regional Housing Needs Assessment (RHNA) is a key tool for local governments to plan for anticipated growth. The RHNA quantifies the anticipated need for housing within each jurisdiction for the 81/2 -year period from January 2006 to July 2014. Communities then determine how they will address this need through the process of updating the Housing Elements of their General Plans. The current RHNA was adopted by the Southern California Association of Governments (SCAG) in July 2007. The future need for housing is determined primarily by the forecasted growth in households in a community. Each new household, created by a child moving out of a parent's home, by a family moving to a community for employment, and so forth, creates the need for a housing unit. The housing need for new households is then adjusted to maintain a desirable level of vacancy to promote housing choice and mobility. An adjustment is also made to account for units expected to be lost due to demolition, natural disaster, or conversion to non - housing uses. The sum of these factors - household growth, vacancy need, and replacement need - determines the construction need for a community. Total housing need is then distributed among four income categories on the basis of the county's income distribution, with adjustments to avoid an over - concentration of Tower- income households in any community. 2. 2006 -2014 Seal Beach Growth Needs In July 2007 SCAG, adopted the final RHNA growth needs for each of the County's cities plus the unincorporated area. The total housing growth need for the City of Seal Beach during the 2006 -2014 planning period is 57 units. This total is distributed by income category as shown in Table 11-30. While not explicitly addressed in the RHNA, state law10 now requires the Housing Element to estimate the future needs of extremely -low- income households. As provided by state law, the extremely -low- income need is estimated to be 50% of the very-low category, or 6 units during this planning period. Table 11-23 Regional Housing Growth Needs 2006 -2014 Very Low* Low Moderate Above Mod Total 11 19.3% 10 17.5% 12 21.1% 24 42.1% 57 100% Source: SCAG 2007 includes extremely -low households, estimated to be one -half the very4ow need (6 units) All new units built or preserved after January 1, 2006 may be credited against the RHNA period. A discussion of the City's net remaining growth need is provided in the land inventory section of Chapter III. 70 California Government Code Sec. 65583(a) (1) 11-23 March 2012 City of Seal Beach 2008 -2014 Housing Element II. Housing Needs Assessment This page intentionally left blank. II -24 March 2012 City of Seal Beach 2008 -2014 Housing Element III. Resources and Opportunities 111. RESOURCES AND OPPORTUNITIES A variety of resources are available for the development, rehabilitation, and preservation of housing in Seal Beach. This chapter provides an overview of the land resources and adequate sites to address the City's regional housing need allocation, and describes the financial and administrative resources available to support the provision of affordable housing. Additionally, the chapter discusses opportunities for energy conservation which can lower utility costs and increase housing affordability. A. Land Resources 1. Regional Growth Needs 2006 - 2014 In accordance with Government Code §65584, projected housing needs for each city and county in the Southern California region are prepared by the Southern California Association of Governments (SCAG) under a process known as the Regional Housing Needs Assessment (RHNA). SCAG's Regional Council adopted the final Regional Housing Need Allocation in July 2007. The RHNA covers the 8.5 -year planning period of January 1, 2006 to June 30, 2014. The RHNA process began with an update of the population, employment and household forecasts for both the region as a whole and for each county. These forecasts were largely derived from Department of Finance (DOF) population and employment forecasts and modified by regional demographic and modeling efforts by SCAG. SCAG then disaggregated the regional and county forecasts to each jurisdiction and estimated the number of dwelling units needed to achieve a regional target vacancy rates (2.3% owner - occupied and 5% rental) and to account for projected housing demolitions. The total housing needed in each jurisdiction was then distributed by income category (very low, low, moderate and upper income). To avoid the over concentration of new lower- income households in jurisdictions with higher proportions of existing lower- income households (as required by State law), SCAG adjusted the percentage of households in each income category for each jurisdiction based on the 2000 Census income distribution within each jurisdiction and adjusting them to 110% of the county average. The final RHNA allocation for Seal Beach was discussed previously in _Table 11-30 (page _II -23). New units built after January 1, 2006 are credited in the current RHNA period (_Table III -1). Approved projects and sites with potential for housing development during this planning period are discussed in the following section and listed in Table 111-2. 111-1 , March 2012 City of Seal Beach 2008 -2014 Housing Element III. Resources and Opportunities Table III -1 Net Remaining RHNA Source: City of Seal Beach Development Services Dept, 2011 Notes: 1. See Appendix A, Table A-3 2. RHNA Carryover from the Previous Planning Period State law" requires that any portion of the housing need from the previous planning period that was not accommodated must be carried over to the next planning period. In 2001 the City submitted a draft Housing Element for the 2000 -2005 planning period for review by HCD. Due to limited staff resources, a final Housing Element was not adopted, however. Since the City's 2000 -2005 Housing Element was not finalized, an analysis must be prepared of the City's regional housing needs for the previous period and the extent to which adequate sites were available to accommodate those needs. The analysis contained in Appendix B concludes that there were adequate sites during the previous planning period to accommodate the Moderate and Above Moderate RHNA although there was a shortfall of 32 lower- income units that should be carried over to the current planning period (see Appendix B, Table B -2). 3. Inventory of Sites for Housing Development Section 65583(a) (3) of the Government Code requires Housing Elements to contain an "inventory of land suitable for residential development, including vacant sites and sites having potential for redevelopment, and an analysis of the relationship of zoning and public facilities and services to these sites." The analysis of potential development sites is contained in Appendix B and summarized in _Table III -2. When the City's current land inventory is compared to the net remaining RHNA, there is a surplus of above - moderate units but a shortfall of sites for 21 lower- income units and 12 moderate - income units for this planning period. As discussed in the analysis of non - governmental constraints (Chapter IV), there are no infrastructure deficiencies that would preclude development commensurate with the regional need. Chapter V (Housing Action Plan) includes Program 1 b to process the required General Plan and zoning amendments necessary to accommodate the remaining RHNA for the current planning period. Appendix B describes the potential sites to accommodate the required rezoning. 11 Government Code Sec. 65584.09 111 -2 , March 2012 Income Category Ex. Very Above Low Low Low Mod Mod Total RHNA (2006 -2014) 6 5 10 12 24 57 Units Built (2006 - 2010)' - - 2 - 48 50 Net RHNA (2011 -2014) 6 5 8 12 0 31 Source: City of Seal Beach Development Services Dept, 2011 Notes: 1. See Appendix A, Table A-3 2. RHNA Carryover from the Previous Planning Period State law" requires that any portion of the housing need from the previous planning period that was not accommodated must be carried over to the next planning period. In 2001 the City submitted a draft Housing Element for the 2000 -2005 planning period for review by HCD. Due to limited staff resources, a final Housing Element was not adopted, however. Since the City's 2000 -2005 Housing Element was not finalized, an analysis must be prepared of the City's regional housing needs for the previous period and the extent to which adequate sites were available to accommodate those needs. The analysis contained in Appendix B concludes that there were adequate sites during the previous planning period to accommodate the Moderate and Above Moderate RHNA although there was a shortfall of 32 lower- income units that should be carried over to the current planning period (see Appendix B, Table B -2). 3. Inventory of Sites for Housing Development Section 65583(a) (3) of the Government Code requires Housing Elements to contain an "inventory of land suitable for residential development, including vacant sites and sites having potential for redevelopment, and an analysis of the relationship of zoning and public facilities and services to these sites." The analysis of potential development sites is contained in Appendix B and summarized in _Table III -2. When the City's current land inventory is compared to the net remaining RHNA, there is a surplus of above - moderate units but a shortfall of sites for 21 lower- income units and 12 moderate - income units for this planning period. As discussed in the analysis of non - governmental constraints (Chapter IV), there are no infrastructure deficiencies that would preclude development commensurate with the regional need. Chapter V (Housing Action Plan) includes Program 1 b to process the required General Plan and zoning amendments necessary to accommodate the remaining RHNA for the current planning period. Appendix B describes the potential sites to accommodate the required rezoning. 11 Government Code Sec. 65584.09 111 -2 , March 2012 City of Seal Beach 2008 -2014 Housing Element III. Resources and Opportunities Table III -2 Land Inventory Summary Source: City of Seal Beach Development Services Dept, 2011 R. Financial and Administrative Resources 1. State and Federal Resources Community Development Block Grant Program (CDBG) - Federal funding for housing programs is provided by the Department of Housing and Urban Development (HUD). The CDBG program is flexible in that funds can be used for a wide range of activities including acquisition and or disposition of real estate, public facilities and improvements, relocation, rehabilitation and construction of housing, home ownership assistance, and clearing activities. The CDBG program provides formula funding to larger cities and counties, while smaller jurisdictions with less than 50,000 population generally compete for funding under the Urban County Consolidated Plan administered by the County of Orange. In FY 2010 -11 the City received a $200,000 grant from the County, which was used for restroom accessibility improvements in the Leisure World community. Section 8 Rental Assistance - The City of Seal Beach works cooperatively with the Orange County Housing Authority, which administers the Section 8 Voucher Program. The Housing Assistance Payments Program assists low income, elderly and disabled households by paying the difference between 30% of an eligible household's income and the actual cost of renting a unit. The City facilitates use of the Section 8 program within its jurisdiction by encouraging apartment owners to list available rental units with the County Housing Authority for potential occupancy by tenants receiving Section 8 certificates. As of 2008, there were 8 Seal Beach residents using Section 8 vouchers. Low - Income Housing Tax Credit Program - The Low - Income Housing Tax Credit Program was created by the Tax Reform Act of 1986 to provide an alternate method of funding low -and moderate - income housing. Each state receives a tax credit, based upon population, toward funding housing that meets program guidelines. The tax credits are then used to leverage private capital into new construction or acquisition and rehabilitation of affordable housing. Limitations on projects funded under the Tax Credit programs include minimum requirements that a certain percentage of units remain rent - restricted, based upon median income, for a term of 15 years. III -3 , March 2012 Income Category Lower Moderate Above Moderate Vacant land 0 0 0 Underutilized land 5 0 0 Subtotal 5 0 0 RHNA (net remaining 2011 -2014) 19 12 0 RHNA carryover (1998 -2005) 32 0 0 Adequate Sites? (Deficit) (51) (12) Yes Source: City of Seal Beach Development Services Dept, 2011 R. Financial and Administrative Resources 1. State and Federal Resources Community Development Block Grant Program (CDBG) - Federal funding for housing programs is provided by the Department of Housing and Urban Development (HUD). The CDBG program is flexible in that funds can be used for a wide range of activities including acquisition and or disposition of real estate, public facilities and improvements, relocation, rehabilitation and construction of housing, home ownership assistance, and clearing activities. The CDBG program provides formula funding to larger cities and counties, while smaller jurisdictions with less than 50,000 population generally compete for funding under the Urban County Consolidated Plan administered by the County of Orange. In FY 2010 -11 the City received a $200,000 grant from the County, which was used for restroom accessibility improvements in the Leisure World community. Section 8 Rental Assistance - The City of Seal Beach works cooperatively with the Orange County Housing Authority, which administers the Section 8 Voucher Program. The Housing Assistance Payments Program assists low income, elderly and disabled households by paying the difference between 30% of an eligible household's income and the actual cost of renting a unit. The City facilitates use of the Section 8 program within its jurisdiction by encouraging apartment owners to list available rental units with the County Housing Authority for potential occupancy by tenants receiving Section 8 certificates. As of 2008, there were 8 Seal Beach residents using Section 8 vouchers. Low - Income Housing Tax Credit Program - The Low - Income Housing Tax Credit Program was created by the Tax Reform Act of 1986 to provide an alternate method of funding low -and moderate - income housing. Each state receives a tax credit, based upon population, toward funding housing that meets program guidelines. The tax credits are then used to leverage private capital into new construction or acquisition and rehabilitation of affordable housing. Limitations on projects funded under the Tax Credit programs include minimum requirements that a certain percentage of units remain rent - restricted, based upon median income, for a term of 15 years. III -3 , March 2012 City of Seal Beach 2008 -2014 Housing Element III. Resources and Opportunities 2. Local Resources Seal Beach Redevelopment Agency - The Seal Beach Redevelopment Agency was established in 1967. The Riverfront Redevelopment Project was established in 1969 and subsequently amended. The amended project area encompasses approximately 200 acres with the bulk of the project area located along the northwestern boundary of the city. Work within the project area to date includes construction of a police facility, relocation of the City's maintenance yard, work on a major sewage treatment problem, development of park space, development of a library and senior citizen's facility, non- profit acquisition and tenant rental assistance for Seal Beach Trailer Park, and residential rehabilitation programs. Housing Activities The Agency's primary source of revenue, other than loans and advances from the City and bond proceeds, comes from property taxes. As required under state law the Agency places 20 percent of the total tax increment revenue collected into a Low- and Moderate- Income Housing Fund. These "set- aside" funds must be used to increase, improve or preserve the supply of low- and moderate - income housing. During the 5 -year period 2004 -2009 approximately $2.1 million accrued to the Low /Mod set -aside fund (Table III -3). As of June 30, 2010 the Agency's set -aside fund had net assets of approximately $1.3 million. Table III -3 Low /Moderate Income Fund Revenues 2004 -2009 Fiscal Year UM Fund Revenue 2004 -05 $253,253 2005 -06 $284,609 2006 -07 $610,409 2007 -08 $483,395 2008 -09 $484,743 5 -year total $2,116,409 Source: City of Seal Beach Finance Department The Redevelopment Agency's affordable housing program during the current planning period has focused on providing rental assistance for qualified residents of the Seal Beach Shores Trailer Park and on grants and loans for housing rehabilitation. Table III -4 shows LMI Housing Fund Expenditures and units assisted during the 2004 -2009 period. On February 1, 2012, the Seal Beach Redevelopment Agency was dissolved pursuant to AB X1 26. The Seal Beach City Council has elected to serve as the successor agency for the Redevelopment Agency. The successor agency has listed its rental assistance to qualified residents of the Seal Beach Shores Trailer Park as one of its enforceable obligations with the intention of continuing that assistance. In addition, the City has received a grant for housing rehabilitation and will continue to administer that program. III -4 , March 2012 City of Seal Beach 2008 -2014 Housing Element III. Resources and Opportunities Table III -4 Low /Moderate Income Fund Expenditures 2004 -2009 Fiscal Year UM Fund Expenditures Rental Assistance (Units) Housing Rehabilitation (Units) 2004 -05 $203,503 21 1 2005 -06 $259,475 21 6 2006 -07 $290,000 21 11 2007 -08 $397,042 21 10 2008 -09 $237,309 21 2 Source: City of Seal Beach Finance Department For the period 2009 -2014 the Agency intends to continue using L/M set -aside funds to provide rental assistance in the Seal Beach Shores Trailer Park and on grants and loans for housing rehabilitation. Annual expenditures are projected to range from $500,000 to $700,000, with total expenditures of approximately $2.8 million for the 5 -year period. C. Energy Conservation Opportunities State of California Energy Efficiency Standards for Residential and Nonresidential Buildings were established in 1978 in response to a legislative mandate to reduce California's energy consumption. The standards are codified in Title 24 of the California Code of Regulations and are updated periodically to allow consideration and possible incorporation of new energy efficiency technologies and methods. Title 24 sets forth mandatory energy standards and requires the adoption of an "energy budget" for all new residential buildings and additions to residential buildings. Separate requirements are adopted for "low- rise" residential construction (i.e., no more than 3 stories) and non - residential buildings, which includes hotels, motels, and multi - family residential buildings with four or more habitable stories. The standards specify energy saving design for lighting, walls, ceilings and floor installations, as well as heating and cooling equipment and systems, gas cooling devices, conservation standards and the use of non - depleting energy sources, such as solar energy or wind power. The home building industry must comply with these standards while localities are responsible for enforcing the energy conservation regulations through the plan check and building inspection processes. Examples of techniques for reducing residential energy use include the following: ® Glazing - Glazing on south facing exterior walls allows for winter sunrays to warm the structure. Reducing glazing and regulating sunlight penetration on the west side of the unit prevents afternoon sunrays from overheating the unit. • Landscaping - Strategically placed vegetation reduces the amount of direct sunlight on the windows. The incorporation of deciduous trees in the landscaping plans along the southern exposure of units reduces summer sunrays, while allowing penetration of winter sunrays to warm the units. 111-5 , March 2012 City of Seal Beach 2008 -2014 Housing Element III. Resources and Opportunities • Building Design - The implementation of roof overhangs above southerly facing windows shield the structure from solar rays during the summer months. • Cooling /Heating Systems - The use of attic ventilation systems reduces attic temperatures during the summer months. Solar heating systems for swimming pool facilities saves on energy costs. Natural gas is conserved with the use of flow restrictors on all hot water faucets and showerheads. • Weatherizing Techniques - Weatherization techniques such as insulation, caulking, and weather stripping can reduce energy use for air - conditioning up to 55% and for heating as much as 40 %. Weatherization measures seal a dwelling unit to guard against heat gain in the summer and prevent heat Toss in the winter. • Efficient Use of Appliances - Appliances can be used in ways that increase their energy efficiency. Unnecessary appliances can be eliminated. Proper maintenance and use of stove, oven, clothes dryer, washer, dishwasher, and refrigerator can also reduce energy consumption. New appliance purchases can be made on the basis of efficiency ratings. • Solar Installations - On July 13, 2009, the City Council adopted a comprehensive fee schedule (Resolution 5898). The resolution waived all fees for standard residential solar installations. in addition to these techniques for reducing energy use in dwellings, the City supports broader "smart growth" efforts to encourage compact development and public transportation. For example, Program 1 a in the Housing Action Plan (Chapter V) includes a commitment to process a zoning amendment to facilitate new high- density multi- family residential development on underutilized land in proximity to commercial and employment opportunities and bus transit. Such development contributes to a reduction in greenhouse gas emissions through lower energy use and vehicle trips (see also Programs 6a and 6b). 111-6 , March 2012 City of Seal Beach 2008 -2014 Housing Element IV. Constraints IV. CONSTRAINTS A. Governmental Constraints 1. Land Use Plans and Regulations a. General Plan Each city and county in California must prepare a comprehensive, long -term General Plan to guide its future. The land use element of the General Plan establishes the basic land uses and density of development within the various areas of the city. Under state law, the General Plan elements must be internally consistent and the city's zoning must be consistent with the General Plan. Thus, the land use plan must provide suitable locations and densities to implement the policies of the Housing Element. The Land Use Element of the Seal Beach General Plan sets forth the City's policies for guiding local development. These policies, together with the zoning regulations, establish the amount and distribution of land to be allocated for different uses within the city. The Land Use Element provides three different densities of residential land uses displayed in Table IV -1. The Land Use Element identifies 1 ,471 acres for residential uses representing 20 percent of the total acreage in the city and nearly 64 percent of the acreage designated for non military uses. Table IV -1 Residential Land Use Categories — Seal General Plan Desi • nation Maximum Densi * Total Acrea • e Low Density Residential (LR) 9 353.7 Medium Density Residential (MR) 17.0 505.4 High Density Residential (HR) 166.4 Planning Area 1 20.0 150.7 Planning Area 2 -3 32.2 0 Planning Area 4 45.3 15.7 Source: City of Seal Beath General Plan, 2003 'Density expressed in dwelling units per net acre. In addition to these residential land use designations, the Limited Commercial area along Seal Beach Boulevard between Landing Avenue and Electric Avenue contains a mixture of high- density residential, low- intensity office, and small commercial uses. Both mixed - use and exclusive residential development are also allowed in this area. IV -1 , March 2012 City of Seal Beach 2008 -2014 Housing Element IV. Constraints b. Zoning Designations and Development Standards The Seal Beach Zoning Code was comprehensively updated in 2010. The Zoning Code provides three residential zones: Residential Low Density (RLD), Residential Medium Density (RMD) and Residential High Density (RHD). The Limited Commercial /Residential Medium Density district also allows exclusive residential or mixed -use development. The relationship between General Plan land use categories and zoning districts is shown in Table IV -2. Table IV -2 Residential Zoning Districts Map S mbol Zoning District General Plan Category Intended Uses RLD -9 Residential Low Density - 9 Low Density Residential Single -unit and small, zero-lot line neighborhoods at a base density of up to 15 dwellin • units • er net acre. RLD -15 Residential Low Density —15 RMD -18 Residential Medium Density -18 Medium Density Residential Duplexes, townhouse projects, apartments, and small -lot, single -unit residential uses, at a density of 15 to 18 dwelling units per net acre. Additional density may be achieved through densi bonuses. RHD -20 Residential High Density - 20 High Density Residential Multi-unit residential developments at a base density of 20 to 46 dwelling units per net acre. Additional density may be achieved through densi bonuses. RHD 33 Residential High Density 33 9 dY — RHD-46 Residential High Density -46 L-C/RMD Limited CommerciaVResidential Medium Densi Mixed Use Limited commercial and office uses in conjunction with residential uses. Source: City of Seal Beach Zoning Ordinance, 2010 Allowable Residential Uses There are seven base zoning districts in the city that permit residential use, ranging in allowable density from 9 units /acre in the RLD -9 district to 46 units /acre in the RHD -46 district (Table IV -2). Allowable uses include single - family detached houses in the RLD -9 and RLD -15 districts, to multi - family residential condominiums and apartments with base densities from 20 to 46 units /acre in the RHD -20, RHD -33 and RHD -46 districts. As shown in Table IV -3, most residential uses are permitted by- right, without discretionary review or design review. Exceptions include senior citizen housing, group housing, and some types of residential care facilities, which require approval of a use permit by the Planning Commission. The Limited Commercial /Residential Medium Density (L -C /RMD) district allows commercial use, exclusive residential use, or commercial /residential mixed use. IV -2 , March 2012 City of Seal Beach 2008 -2014 Housing Element IV. Constraints Table IV -3 Permitted Residential Uses by Zoning District Housing Type RLD RMD RHD L -C/RMD PO SC GC Single -Unit Residential P P P P - - - Duplex - P P P - - - Multi-Unit Residential - P P P - - - Manufactured Housing' P P P - - - Second Units' P P P - - - - Group Housing2 - - M - - - - Residential Care - General, - - C - C C C Residential Care - Limited, P P P - C C C Residential Care - Senior, - - C - C C C Senior Citizen Housing - C - - - - Source: Seal Beach Municipal Code, 2010 Notes: RLD = Residential Low Density RMD = Residential Medium Density RHD - Residential High Density L -C/RMD= Limited CommerciaVResidential Medium Density PO= Professional Office SC =Service Commercial GC�eneral Commercial P= permitted as of right M =minor use permit C= conditional use permit 1. A manufactured home on a permanent foundation is considered a single - family dwelling 2. Shared living quarters without separate kitchen or bathroom facilities for each room or unit. Includes rooming houses and dormitories but excludes residential care facilities and transitional housing 3. See discussion under Special Needs Housing Development Standards Development standards vary by zone and are described below. During the Zoning Code update process, development standards were reviewed to ensure that they do not prevent projects from achieving densities at the upper end of the allowable density range. Residential Districts. The zoning district suffix indicates the allowable base density. One house per lot, plus a second unit, is permitted in the RLD district. In the RMD and RHD districts, multi - family housing is allowed with density determined by the parcel size and the required square footage of lot area per unit. For example, in the RHD -20 district, the allowable base density is 20 units /acre, which requires at least 2,178 square feet of lot area per unit12. Additional density is possible through density bonus provisions (Chapter 11.4.55 of the Municipal Code). Other development standards regulate building height, lot size, unit sizes, setbacks, off- street parking, lot coverage, building separation and landscaping (Table IV -4). t2 One acre contains 43,560 square feet of land. At a ratio of 2,178 square feet of lot area per unit, 20 units per acre would be permitted (2,178 x 20 = 43,560). IV -3 , March 2012 City of Seal Beach 2008 -2014 Housing Element IV. Constraints Limited Commercial /Residential Medium Density (L -C /RMD) District. The allowable base density for exclusively residential projects in the L -C /RMD district is one unit per 2,500 square feet of lot area (17.4 units /acre) and projects must comply with the development standards of the RHD -20 district. Mixed -use projects allow second floor residential use with a base density of one unit per 2,000 square feet of lot area (21.8 units /acre). For narrow Tots ( <37.5 feet) there is a 30 -foot height limit, while wider lots are allowed a height of 25 feet /2 stories on the front half of the lot and 35 feet /3 stories on the rear half of the lot. Additional height may be allowed at specific locations designated in design guidelines, planned unit developments, or specific plans, or pursuant to density bonus regulations. Development standards for the L -C /RMD district are shown in Table IV -5. Two additional types of zoning districts, the Planned Development (PD) Overlay District and Specific Plans, allow residential development through discretionary actions. IV -4 , March 2012 City of Seal Beach 2008 -2014 Housing Element IV. Constraints Table IV -4 Development Standards for Residential Zoning Districts . DEVELOPMENT RLD -9 STANDARDS RLD -15 TABLE 11.2.05.015 RMD -18 FOR RESIDENTIAL RHD -20 DISTRICTS RHD -33 RHD -46 Supplemental Regulations Density/Intensity of Use — Lot Dimensions Maximum Density One unit per 5,000 sq. ft. of lot area, plus a "Second Unit" One unit Per 3,000 sq. It of lot area, plus a 'Second Unit' One unit pw 2,500 sq- ft• of lot area One unit per 2,178 sq. ft. of lot area One unit per 1,350 sq_ ft_ of lot area One unit per 960 sq. ft. of lot area See Section 11.4.05.115 for Second Dwelling Unit standards. See Subsection A for Surfside Standards Maximum Density with State Affordable Housing Bonus (dulac) See Chapter 11.4.55. Affordable Dousing Bonus Minimum Lot Area {sti- ft-} interior Lots 5,000 3,000 5,000 2,500 5,000 5,000 _■ Corner Lots 5,500 3,000 5,500 2,500 5,500 5,500 Nonresidential Uses 10,000 • 10,000 10,000 10,000 10,000 10,000 Minimum Lot Size {ft.} interior Lots 50 x 100 30 x 80 50 x 100 25 x 100 50 x 100 50 x 100 Comer Lots 55 x100 35x80 50 x 100 25x 100 55 x100 55x 100 Minimum Floor Area {sq.IL) Primary Dwelling Unit 1,200 1.200 (E) 950 950 950 950 L -1 Efficiency Second Unit 150 150 150 150 150 150 1-1 f- Bedroom Second Unit 400 400 400 400 400 400 1-1 IV -5 , March 2012 City of Seal Beach 2008 -2014 Housing Element IV. Constraints TABLE 11.2.05.015 DEVELOPMENT STANDARDS FOR RESIDENTIAL DISTRICTS Density /intensity RLD -9 of Use — RLD -15 Lot Dimensions I RIM -18 (continued) RHD -20 RHD -33 I RHD -46 J I Supplemental Regulations Maximum Floor Area for Second Units ..---- 2 +-Bedroom Second Unit 600 600 600 — — — Maximum Boor Area for Second Units Detached Second Unit 800 sq_ ft 800 sq. ft 800 sq. It — — — Attached Second Unit 30% of primary unit 30% of primary unit 30% of primarf unit — — — Maximum Lot Coverage ( %) (8) 67 50 75 (8) 60 80 (8) Substandard Lot Standards Building Form Yes and Location Yes Yes Yes Yes Yes (C) Minimum Yards (ft.) Front— Minimum (0) (E) Average 12; Minimum 6 Average 12; Minimum 6 18 18 (DXE); L -3 Interior Side — Minimum (D) (E) 10% of lot width: 3 ft. minimum; 10 ft. maximum 10%ofkrt width; 3 ft minimum; 10 ft maximum 10%oflot width: 5 ft. minimum; 10 ft. maximum 10% of lot width: 5 ft. minimum; 10 ft. maximum (D)(E) Comer Side — Minimum 15% of lot width; 10 ft. maximum (E) 15% of lot width; 10 11 maximum 15% of lot width; 10 ft.. maximum 15% of lot width; 10 ft. maximum 15% of lot width; 10 ft maximum (E) Rear Main Building Envelope 10 (E) 5 ft.; but when abutting an alley 24 ft. minus width of the alley_ 24 ft minus width of the alley. 24 ft. minus width of the alley. 18 (E) Flood Zone Heights Yes Yes Yes Yes Yes Yes (F) Maximum Height (it) 25 (G) 25 (E) (G) 25 35 35 (G) (E) Maximum Height of Downslope Skirt Walls (It) 6 6 6 6 6 6 (H) Projections Yes Yes (E) Yes Yes Yes Yes (1) (E) IV -6 , March 2012 City of Seal Beach 2008 -2014 Housing Element IV. Constraints TABLE 11.2.05.015 DEVELOPMENT STANDARDS FOR RESIDENTIAL DISTRICTS Main Building Envelope RLD -9 RLD -15 RMD -18 RHD -20 I RHD -33 I RHD -46 I Supplemental Regulations Minimum Distance Between Buildings on the Same Lot (ft.) 6 6 6 6 6 10-20 (J) Minimum Court Dimensions (ft.) — — — — 15 15 Building Design Exterior Stairways Prohibited Yes Yes Yes Yes No No L -2 Porches Yes — — Yes — — (K) Vehicle Accommodation Off-Street Parking and Loading See Chapter 11.420: Off -Street Parking and Loading Maximum Number of Curb Cuts for Driveway 1(L) 1 1 1 1 1 (L) Maximum Width of Driveway (ft) 18 — — — — — (M) /imitations on Parking and Garage Frontage Landscaping and Yes Open Space Yes Yes Yes Yes Yes (N) Minimum Permeable Surface/Maximum Paving in Street — Facing Yards ( %) 60/50 60/50 60150 60/50 60/50 60/50 (0) Minimum Site Area Devoted to Landscaping ( %) 25 15 (E) 15 Yes 15 15 (E), (P); See also Section 11.4.30.015 Planting Required on Downslope Lots Yes Yes Yes Yes Yes Yes (0) Pedestrian Walkways Other Development — Standards — Yes Yes Yes Yes (R) Accessory Structures Yes Yes Yes Yes Yes Yes See Section 11.4.05.100 2 -Story Cabanas/ Manufactured Homes — — — — Yes — (5) Roof Decks Yes — Yes Yes Yes Yes (1) Solar Access Yes Yes Yes Yes Yes Yes See Section 11.4.10.045 IV -7 , March 2012 City of Seal Beach 2008 -2014 Housing Element IV. Constraints TABLE 11.2.05.015 DEVELOPMENT STANDARDS FOR RESIDENTIAL DISTRICTS Other Development RLD -3 Standards RLD -15 (continued) I RMD -18 RHD -20 RHD -33 I RHD -46 1Supplemental Regulations Walls and Fences Yes Yes Yes Yes Yes Yes See Chapter 11.4.15 General Site Standards See Chapter 11.4.10: General Site Standards Landscaping and Buffer Yards See Chapter 11.4.30: Landscaping and Buffer Yards Signs See Chapter 11.4.25: Sign Regulations Non conforrning Structures See Chapter 11.4.40: Nonconforming Uses, Structures, and Lots Coastal Development Permit See Chapter 11.4.35: Coastal Development Permit Reasonable Accommodations See Chapter 11.5.30: Reasonable Accommodations L -1: Second Units are not allowed in the RHD -20 District located in Old Town. L-2: Exterior stairways providing access from prohibited when such stairways are not specifically be permitted through the building permit existing as of March 9, 1998_ In such a case, property is to be used only as a Single -Unit dwellings located within identified flood zones Development Permits. the ground level and/or the required by the California process in the RLD-9 district a covenant shall be recorded dwelling. Exception: Exterior first floor to the second floor or above are Building Code_ Exterior stairways may on properties with a second story kitchen on the title of the propery stipulating the stairways may be permitted on Single -Unit Use Permit pursuant to Chapter 11.5217: upon approval of a Minor L -3: Refer to Appendix A — City Council Approved Blanket Setback Variances IV -8 , March 2012 City of Seal Beach 2008 -2014 Housing Element IV. Constraints Table IV -5 Residential Development Standards for Commercial /Mixed -Use Zoning Districts DEVELOPMENT STANDARDS — COMMERCIAL AND MIXED -USE DISTRICTS LC /RMD PO MSSP SC GC Additional Regulations Lot Size and Density Minimum Lot Size (s(1 ft) 2,500 7,000 2,750 7,000 10,000 Maximum Floor Area Ratio 0.90 — -- -- -- Maximum Residential Density — lot area per unit (sq. ft.) Base Density 2,500 — — — — (A) Density for Mixed Use Development 2,000 — — -- — (A) Density — Affordable Housing Bonus See Additional Regulations — — _ -- See Chapter 11.4.55: Affordable Housing Bonus Building Form and Location Maximum Building Height (ft) 35 35 30 35 35 (B) Building Setback on Street Frontages varies varies varies varies vanes (C) Minimum Yard Requirements interior Side varies vanes varies varies varies (C) Rear varies vanes varies varies varies (C) Building Transition Zone Adjacent to R Districts Yes (0) Landscaping and Open Space Public Open Space Yes (E) Minimum lot area to be landscaped 5% 10% 0% 10% 10% See Chapter 11.4.30: Landscaping and Buffer Yards Minimum required front yard area to be landscaped 60 % — -- — — IV -9 , March 2012 City of Seal Beach 2008 -2014 Housing Element IV. Constraints IV -10 , March 2012 LC/RMD PO MSSP SC GC Additional Regulations Circulation and Parking Limitations — Location of Parking Yes (F) Limitations on Curb Cuts Yes (G) Limitations — Location of Truck Docks; Loading and Service Areas Yes (H) Off -Street Parking and Loading Yes See Chapter 11.4.20: Off- Street Parking and Loading Reduced Parking Requirements Yes See Chapter 11.4.20: Off - Street Parking and Loading Building Design Building Orientation Yes (1) Design Provisions -- — Yes -- — (J) Special Requirements for Residential Development Open Space (sq. ft. per unit) 100 — -- — — (K) Side and Rear Yard Setbacks Yes — -- -- — (L) Other Applicable Development Standards Consistency with Council Adopted Design Guidelines, Area Plans, or Specific Plans (M) Pedestrian Access to Buildings Setback from the Street (N) Projections in to Required Yards (0) General Site Standards See Chapter 11.4.10: General Site Standards Fencing See Chapter 11.4.15: Fences, Hedges, and Walls Parking and Loading See Chapter 11.4.20: O f- Street Parking and Loading Signs See Chapter 11.4.25: Sign Regulations Landscaping and Buffer Yards See Chapter 11.4.30: Landscaping and Buffer Yards Coastal Development Permit See Chapter 11.4.35: Coastal Development Permit Non - conforming Structures and Lots See Chapter 11.4.40: Non-c:on bmvng Uses, Structures, and Lots IV -10 , March 2012 City of Seal Beach 2008 -2014 Housing Element IV. Constraints Planned Development (PD) Overlay District The purpose of the Planned Development Overlay District ( -PD) is to provide for detailed review of development that warrants special review and deviations from underlying development standards. This overlay district is also intended to provide opportunities for creative development approaches that will achieve superior design solutions to that which would be possible if the project were built in full compliance with the required standards of the base district, and will not cause a significant adverse impact on residences to the side, rear, or directly across a street with respect to solar access, privacy and compatibility. Currently there is only one area of the city within a PD overlay - Leisure World. The land use and density requirements within a -PD Planned Development Overlay District shall be those of the underlying base district. An application for a Planned Development and any amendment to the Plan shall be processed in accordance with the procedure for conditional use permits. The City Council may approve a Planned Development Plan that deviates from the minimum lot area, yard requirements, building heights, and other physical development standards defined in the base district, while ensuring compliance with the land use and density requirements of the base district. Physical development standards may be modified if the Planned Development Plan includes examples of superior community design, environmental preservation and /or public benefit amenities. Prior to submitting an application for a Planned Development Plan an applicant proposing a project over one acre in gross area or that includes publicly -owned land is required to schedule a pre - application study session with the Planning Commission to discuss the general acceptability of the project proposal, issues that need to be addressed, and the need, if any, for any interagency coordination. This preliminary consultation helps to streamline the development review process by identifying issues early in the planning process. Findings for Approval. The City shall approve a PD Overlay District Zoning Map Amendment and Planned Development Plan only if all of the following findings are made: A. The project meets all of the findings required for a conditional use permit pursuant to Section 11.5.20.020: Required Findings and the finding that the approved plan is consistent with the purposes of the district where it is located and conforms in all significant respects with the General Plan and any specific plan. B. Development within the PD Overlay District is demonstratively superior to the development that could occur under the standards applicable to the underlying base district and will achieve superior community design, environmental preservation, and /or substantial public benefit. In making this determination, the following factors shall be considered: 1. Appropriateness of the use(s) at the proposed location. 2. The mix of uses, housing types, and housing price levels. IV -11 , March 2012 City of Seal Beach 2008 -2014 Housing Element IV. Constraints 3. Provision of units affordable to persons and families of low and moderate income or to lower income households. 4. Provision of infrastructure improvements. 5. Provision of open space. 6. Compatibility of uses within the development area. 7. Quality of design, and adequacy of light and air to the interior spaces of the buildings. 8. Overall contribution to the enhancement of neighborhood character and the environment of Seal Beach in the long term. 9. Creativity in design and use of land. Because the PD overlay district creates additional options for projects within the overlay, it does not pose a constraint to residential development. Specific Plans Chapter 11.3.25 of the Zoning Code allows the adoption of specific plans pursuant to state law. Only the Hellman Ranch specific plan allows residential use, and is fully developed. Effects of Zoning Regulations on the Provision of Low- and Moderate Income Housing Zoning regulations have a considerable effect on the development of low- and moderate - income housing. In urban areas, and particularly coastal jurisdictions, high land costs can make affordable housing infeasible without large public subsidies. In 2004 state law was amended (AB 2348) to identify "default densities" that are considered suitable for lower- income housing. For small metropolitan jurisdictions such as Seal Beach, the default density is 20 units /acre. All of the Residential High Density (RHD) zoning districts allow densities of 20 units /acre or more. Development standards in the RHD districts allow projects to be built at or near the maximum densities. Height limits are 25 feet in the RHD -20 district and 35 feet in the RHD - 33 and RHD -46 districts, which allow 2- and 3 -story structures, respectively. Other development standards such as setbacks and lot coverage are typical for the allowable densities. These regulations help to facilitate the production of low- and moderate - income housing. During the recent comprehensive Development Code update process architects and builders indicated that development standards do not pose any significant constraints to achieving maximum allowable densities. However, nearly all residentially -zoned land is developed, and there is limited capacity for additional housing on these properties. As discussed in Chapter III, the greatest potential for additional residential development is within underutilized commercial areas. IV -12 , March 2012 City of Seal Beach 2008 -2014 Housing Element IV. Constraints Local Coastal Program Seal Beach does not currently have an approved Local Coastal Program (LCP). As a result, all projects located within the portion of the city that is within the Coastal Zone are subject to review by the California Coastal Commission. This additional requirement represents an impediment to housing development within the Coastal Zone. To address this issue, the City is currently working on the preparation of an LCP. An Ad Hoc General Plan /LCP Committee has been established to provide guidance to staff in this effort. Program 3e in Chapter V describes the City's efforts toward the completion of the LCP during the current planning period. c. Special Needs Housing Persons with special needs include those in residential care facilities, persons with disabilities, the elderly, persons needing emergency shelter, transitional or supportive living arrangements, and single room occupancy units. The City's provisions for these housing types are discussed below. Many of these households also fall into the extremely - low- income category. Definition of "Family" The Municipal Code defines "family" as "1 or more persons living together as a single nonprofit housekeeping unit and sharing common living, sleeping, cooking and eating facilities. Members of a "family" need not be related by blood but are distinguished from a group occupying a hotel, club, fraternity or sorority house." This definition is consistent with current law. Group Homes The Municipal Code defines Group Home as: "A dwelling unit licensed or supervised by any Federal, State, or local health /welfare agency which provides 24 -hour non - medical care of unrelated persons who are in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual in a family -like environment. Includes: children's homes; orphanages; rehabilitation centers; self -help group homes. Convalescent homes, nursing homes and similar facilities providing medical care are included under the definition of Medical Services - Extended Care." Group homes are permitted in the RHD district subject to approval of a Minor Use Permit by the Planning Commission. There are no separation requirements for group homes. Residential Care Facilities The Municipal Code allows facilities that are licensed by the State of California to provide permanent living accommodations and 24 -hour primarily non - medical care and supervision for persons in need of personal services, supervision, protection, or assistance for sustaining the activities of daily living. Living accommodations are shared living IV -13 , March 2012 City of Seal Beach 2008 -2014 Housing Element IV. Constraints quarters with or without separate kitchen or bathroom facilities for each room or unit. This classification includes facilities that are operated for profit as well as those operated by public or not - for - profit institutions, including hospices, nursing homes, convalescent facilities, and group homes for minors, persons with disabilities, and people in recovery from alcohol or drug additions. This category excludes transitional housing and community social service facilities. (§ 11.4.85.020.N) Three types of residential care facilities are recognized in the Code: 1. Residential Care, General. A residential care facility providing 24 -hour non- medical care for more than 6 persons in a single unit in need of personal services, supervision, protection, or assistance essential for sustaining the activities of daily living. This classification includes only those facilities licensed for residential care by the State of California. These facilities are conditionally permitted in the PO (Professional Office), SC (Service Commercial) and GC (General Commercial) districts. 2. Residential Care, Limited. A residential care facility providing 24 -hour non- medical care for 6 or fewer persons in a single unit, in need of personal services, supervision, protection, or assistance essential for sustaining the activities of daily living. This classification includes only those facilities licensed for residential care by the State of California. Under state law, a state - licensed residential care facility with 6 or fewer persons is considered a residential use and is permitted subject to the same regulations as other residential uses of the same type in the same zone. This classification includes residential care facilities restricted to persons 60 years of age or older if there are 6 or fewer residents. Six or fewer persons does not include the licensee or members of the licensee's family or persons employed as facility staff. Under the current Municipal Code, these facilities are permitted by -right in the RHD (Residential High Density) district and conditionally permitted in the PO, SC and GC districts. In conformance with state law, Program 5d is included in the Housing Action Plan (Chapter V) to process a Code amendment to clarify that state - licensed residential care facilities for 6 or fewer persons are treated as single - family uses. 3. Residential Care, Senior. A housing arrangement chosen voluntarily by the resident, the resident's guardian, conservator or other responsible person; where residents are 60 years of age or older and where varying levels of care and supervision are provided as agreed to at the time of admission or as determined necessary at subsequent times of reappraisal. Any younger residents must have needs compatible with other residents, as provided in Health & Safety Code § 1569.316 or a successor statute. This classification includes continuing care retirement communities and lifecare communities licensed for residential care by the State of California. These facilities are conditionally permitted in the PO, SC and GC districts. The Special Use provisions of the Municipal Code recognize the following specific types of Residential Care Facilities for the Elderly (RCFE) projects: IV -14 , March 2012 City of Seal Beach 2008 -2014 Housing Element IV. Constraints O Assisted Living Facility: a residential building or buildings that also provide housing, personal and health care, as permitted by the Department of Social Services, designed to respond to the daily, individual needs of the residents. Assisted Living Facilities may include kitchenettes (small refrigerator, sink and /or microwave oven) within individual rooms. Assisted Living Facilities are required to be licensed by the California Department of Social Services, and do not include skilled nursing services. ❑ Independent Living Center /Senior Apartment: independent living centers and senior apartments and are multi - family residential projects reserved for senior citizens, where common facilities may be provided (for example, recreation areas), but where each dwelling unit has individual living, sleeping, bathing, and kitchen facilities. ❑ Life Care Facility: sometimes called "Continuing Care Retirement Communities ", or "Senior Continuum of Care Complex ", these facilities provide a wide range of care and supervision, and also provide health care (skilled nursing) so that residents can receive medical care without leaving the facility. Residents can expect to remain, even if they become physically incapacitated later in life. Life Care Facilities require multiple licensing from the State Department of Social Services, the State Department of Health Services, and the State Department of Insurance. Development Standards for Residential Care Facilities Residential care facilities in a residential district must maintain a minimum distance of 300 feet from another such facility. Facilities in all districts must comply with development standards for landscaping, walls, traffic level of service, passenger loading, and delivery hours. (§11.4.05.105) These regulations are consistent with state law and do not pose a significant constraint to their development. In conformance with state and federal fair housing law, Program 5e has been included in the Housing Action Plan (Chapter V) to revise zoning regulations to allow senior . apartments and independent living facilities subject to the same standards and procedures as non -age restricted residential uses. Reasonable Accommodation for Persons with Disabilities State law requires that local housing elements "shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities." (Government Code §65583(c) (3)). Chapter 11.5.30 of the Seal Beach Municipal Code (Reasonable Accommodations) provides standards and procedures for ensuring compliance with state law. The ordinance includes the following provisions: • Application procedures, including the accommodation requested and the basis for the request IV -15 , March 2012 City of Seal Beach 2008 -2014 Housing Element IV. Constraints • No fee is charged for a Reasonable Accommodation application o Concurrent processing may be requested by an applicant when another discretionary permit is also required O Decision by the Planning Commission subject to the notice, review, approval, and appeal procedures prescribed for a conditional use permit O Required findings for approval as follows: 1. The requested accommodation is requested by or on the behalf of one or more individuals with a disability protected under the fair housing laws. 2. The requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling. 3. The requested accommodation will not impose an undue financial or administrative burden on the City as "undue financial or administrative burden" is defined in fair housing laws and interpretive case law. 4. The requested accommodation will not result in a fundamental alteration in the nature of the City's zoning program, as "fundamental alteration" is defined in fair housing laws and interpretive case law. 5. The requested accommodation will not, under the specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others. These provisions are consistent with federal and state law and do not pose a constraint to reasonable accommodation for persons with disabilities. Emergency Shelters California Health and Safety Code ( §50801) defines an emergency shelter as "housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay." The Seal Beach Municipal Code defines "Community Social Service Facilities" as "Any noncommercial facility, such as homeless shelters, emergency shelters and facilities providing social services such as job referral, housing placement and which may also provide meals, showers, and /or laundry facilities, typically for less than 30 days. Specialized programs and services related to the needs of the residents may also be provided. This classification excludes transitional housing facilities that provide living accommodations for a longer term." (§ 11.4.85.020.D) Community Social Service Facilities are permitted in the RHD, PO, SC and GC districts subject to approval of a conditional use permit by the Planning Commission. SB 2 of 2007 strengthened the planning requirements for emergency shelters and transitional /supportive housing. For jurisdictions with an unmet need, emergency shelters must be allowed by -right in at least one zoning district. Program 1d is included in the IV -16 , March 2012 City of Seal Beach 2008 -2014 Housing Element IV. Constraints Housing Action Plan (Chapter V) to ensure compliance with the requirements of SB2. A Zoning Code Amendment will be processed to identify at least one zoning district where emergency shelters are permitted by -right subject to specific development standards in conformance with the provisions of SB 2. Based on a preliminary assessment, the City has identified the Boeing Specific Plan zone as the appropriate district where emergency shelters may be established by- right. Sites within this zone are located within walking distance of services and employment centers and are served by public transportation. This zone encompasses approximately 107 acres of land, which includes approximately 5 acres of vacant or underutilized properties that are suitable for shelters. [Additional information regarding parcel sizes & vacancies will be inserted prior to Planning Commission consideration of the Housing Element]. While the LM Boeing Specific Plan zone has been identified on a preliminary basis, as part of the public review and Code amendment process the City Council may identify a different district that is deemed more appropriate for emergency shelters. The proposed Code amendment will include the analysis and findings required by SB 2. Transitional and Supportive Housing Transitional /supportive housing is normally temporary housing (generally six months to two years) for an individual or family who is transitioning to permanent housing. This type of housing can take several forms, including group housing or multi - family units, and often includes a supportive services component to allow individuals to gain necessary life skills in support of independent living. Municipal Code §11.4.85.015.E defines "Transitional Housing" as "Establishments providing temporary housing in a structured living environment and where residents have access to various voluntary support services, such as health, mental health, education and employment /training services to obtain skills necessary for independent living. Living accommodations are shared living quarters with or without separate kitchen or bath facilities for each room or unit. The occupancy period shall be at least 30 days. This category excludes temporary housing that does not include support services and community social service facilities such as emergency shelters." SB 2 of 2007 requires that transitional /supportive housing be treated as a residential use subject to the same standards and requirements as other residential uses of the same type in the same zone. The Housing Action Plan (Chapter V) includes Program 1d to amend the Zoning Code regulations pertaining to transitional and supportive housing in conformance with SB 2. Single Room Occupancy Single -room- occupancy (SRO) facilities are small studio -type units intended for one or two persons. SROs can provide an affordable housing option for small households with very low or extremely low incomes. The Zoning Ordinance does not currently contain a definition or regulations for the type of housing. Program 3d is included in the Housing Action Plan (Chapter V) to amend the Zoning Code to identify districts where SROs are permitted and provide specific, objective development standards for this type of use. IV -17 , March 2012 City of Seal Beach 2008 -2014 Housing Element IV. Constraints d. Off - Street Parking Requirements Regulations for Off - Street Parking and Loading are provided in Chapter 11.4.20 of the Municipal Code. The City's parking requirements for residential uses vary by residential type. Single- family dwellings require two garage parking spaces per unit with up to 5 bedrooms, three spaces for homes with 6 bedrooms, plus one additional space for each bedroom over 6. In Surfside and in the RLD -9 and RHD -20 districts, the required number of spaces may be reduced by one space if suitable driveway parking is available. Multi- family dwellings require two covered parking spaces plus one uncovered guest spaces for each seven units. The parking requirements are summarized in Table IV -6. A reduction in required parking can be approved through the CUP process (Section 11.4.20.020.B). In order to enhance the development feasibility of small apartments, Program 3f is included in the Housing Action Plan (Chapter V) to reduce the required off - street parking for studio and one - bedroom apartments to one space when the units are reserved for low- or moderate - income households. Table IV -6 Residential Parking Requirements Type of Unit Minimum Parking Space Required Attached or Detached Single - Family Dwellings 2 spaces per dwelling unit for each unit with up to 5 bedrooms. 3 spaces per dwelling for each unit of 6 bedrooms or more plus 1 additional space for each bedroom above 6 total bedrooms in the dwelling unit All required spaces must be located in a garage except that parking for single -unit dwellings with 6+ bedrooms in Surfside and in the RLD -9 and RHD- 20 districts may be reduced by one space if driveway parking is available. Multi- Family Units 2 spaces per dwelling unit plus 1 guest space for every 7 units All spaces except guest spaces must be located in a garage or carport. Second units 1 space for an Efficiency Second Unit and 1 space per bedroom for non - Efficiency Second Units. At least one space must be covered. Source: Seal Beach Zoning Ordinance, Table 11.4.20.015.A.1 e. Second Units Second units are regulated by §11.4.05.115 of the Municipal Code, which is intended to comply with state law governing second units (Government Code §65852.150 and §65852.2) or any successor statutes. Second units that comply with applicable standards are approved ministerially without discretionary review or public hearing. IV -18 , March 2012 City of Seal Beach 2008 -2014 Housing Element IV. Constraints Second Dwelling Units may be established on any lot in the RLD -9, RLD -15 district, and in the RMD and RHD zones, excluding Old Town, where a primary single -unit dwelling has been previously established or is proposed to be established in conjunction with construction of a second unit. Only one Second Dwelling Unit is permitted per primary single -unit dwelling on the same lot. A legal single -unit dwelling (the "Primary Dwelling Unit ") must exist on the lot or must be constructed on the lot in conjunction with the construction of the Second Dwelling Unit. A Second Dwelling Unit shall provide independent living facilities for one or more persons and include permanent provisions for living, sleeping, eating, cooking, and sanitation. The maximum and minimum floor areas of a Second Dwelling Unit are set forth in Table IV -7 and range from a minimum of 150 square feet to a maximum of 800 square feet or 30% of the primary unit. Program 1 c in the Housing Action Plan addresses the issue of second units in conformance with state law. Table IV -7 Second Dwelling Unit Floor Area Type of Second Unit Area (Square Feet) j1Vlaxtmum 'i56fAteeA4. Detached 800 Attached 30% of primary unit mtm �lo�r `s Efficiency 150 1- bedroom 400 2- bedroom 600 Source: Seal Beach Zoning Ordinance, Table 11.4.05.115.E Second Dwelling Units must comply with the same height, setback, lot size, lot coverage, and other applicable zoning requirements as apply to the Primary Dwelling Unit. A Second Dwelling Unit must have an outdoor entrance separate from the primary dwelling. In order to maintain the single -unit residential character of the street, the entrance to the Second Dwelling Unit must be located so that it is not visible from the public right -of -way. A minimum of one covered parking space is required for each Second Dwelling Unit. No Second Dwelling Unit is allowed unless the primary dwelling is also in compliance with all applicable parking requirements of this Zoning Code. Either the primary unit or the second unit must be occupied by the property owner, and the Second Dwelling Unit may not be sold separately from the Primary Dwelling Unit. Second units serve to augment resources for senior housing, or other low- and moderate - income segments of the population. The City's regulations are consistent with state law and serve to facilitate this type of housing. No second unit permits have been requested in recent years. IV -19 , March 2012 City of Seal Beach 2008 -2014 Housing Element IV. Constraints f. Density Bonus Under current State density bonus law (SB 1818 of 2004), cities and counties must provide a density increase up to 35% over the otherwise maximum allowable residential density under the Municipal Code and the Land Use Element of the General Plan (or bonuses of equivalent financial value) when builders agree to construct housing developments with units affordable to low- or moderate - income households. Chapter 11.4.55 of the Municipal Code ( "Affordable Housing Bonus ") sets forth regulations and procedures for providing density bonus or other incentives in compliance with state law (Government Code §65915 et seq.). Where conflict occurs between the provisions of Municipal Code and State law, the State law provisions shall govern. No requests for density bonus have been sought in recent years. Program 2a in the Housing Action Plan addresses the issue of density bonus in conformance with state law. g. Mobile Homes /Manufactured Housing The manufacturing of homes in a factory is typically Tess costly than the construction of individual homes on site thereby lowering overall housing costs. State law precludes local governments from prohibiting the installation of mobile homes on permanent foundations on single - family lots. It also declares a mobile home park to be a permitted land use on any land planned and zoned for residential use, and prohibits requiring the average density in a new mobile home park to be less than that permitted by the Municipal Code. A city or county may, however, require use permits for mobile home parks. Regulations governing manufactured housing are provided in § 11.4.05.075 of the Municipal Code and in state regulations (Title 25, California Code of Regulations). A manufactured home shall constitute a permitted use in all residential districts, provided that any such manufactured home is certified under the standards set forth in the National Manufactured Housing Construction and Safety Standards Act of 1976 (42 USC 5401 et. seq.), as amended at the time of any application for placement of such manufactured home. The City's development standards for mobile homes do not present an unreasonable constraint to this type of development. Mobile home parks are regulated under the Residential High Density (RHD) provisions of the Code. There is one mobile home park in Seal Beach (Seal Beach Shores Trailer Park). In 2000 the Redevelopment Agency issued bonds to allow for LINC Housing, a 501(c) (3) non - profit agency to acquire and manage the park. In 2009 the ownership of the park was transferred to Seal Beach Shores, Inc, a resident -owned 501(c) (3) non - profit entity. The City recognizes this mobile home park for its contribution to affordable housing. As noted in Chapter III, the Redevelopment Agency has provided rental assistance and rehabilitation loans and grants to residents of the Seal Beach Trailer Park in order to maintain this important supply of affordable housing in the city. Programs 2d, 3c and 4a support continued affordability and rehabilitation activities in this park. IV -20 , March 2012 City of Seal Beach 2008 -2014 Housing Element IV. Constraints h. Condominium Conversions The conversion of apartments to condominiums is regulated by Chapter 11.4.80 of the Municipal Code for all areas of Seal Beach except Leisure World. Key requirements that must be satisfied are summarized as follows: • Approval of a Conditional Use Permit and a subdivision map. • Each building as of the date of conversion shall comply with all applicable requirements of the Municipal Code, and the goals and policies of the General Plan, except where the building is nonconforming in compliance with Chapter 1 1.4.40: Nonconforming Uses, Structures, and Lots. • Condominium conversions shall observe the following standards for density. • RMD -18 District: 2,500 sq. ft. of land per dwelling unit. • RHD -20 District: 2,178 sq. ft. of land per dwelling unit. • RHD -33 District: 1,350 sq. ft. of land per dwelling unit. • RHD -46 District: 960 sq. ft. of land per dwelling unit. • Separate space heating, water heating, and metering /shutoff valves for water, gas, and electricity for each unit. • All common attic areas over individual dwelling units shall be separated by sound - rated assemblies and access to each attic space shall be provided in compliance with the California Building Code. • Tenant's Right to Purchase. As provided in Government Code 66427.1.D., any present tenant of any unit shall be given a nontransferable right of first refusal to purchase the unit occupied at a price no greater than the price offered to the general public. The right of first refusal shall extend for at least 90 days from the date of issuance of the subdivision public report or commencement of sales, whichever date is later. • Each non - purchasing tenant not in default under the obligations of the rental agreement or lease under which he occupies his unit shall have not less than 180 days from the date of receipt of notification from the owner of his intent to convert, or from the filing date of the final subdivision map, whichever date is later, to find substitute housing and to relocate. Once notice of intent to convert is served to a tenant, any existing long -term lease agreement may be rescinded by the tenant without penalty. Notification of such termination shall be submitted in writing to the landlord 30 days prior to the termination of the lease. • From the date of approval of the Tentative Map until the date of conversion, no tenant's rent shall be increased more frequently than once every 6 months, and at a rate not greater than 50% of the rate of increase in the Consumer Price Index (all items, Los Angeles -Long Beach), on an annualized basis, for the same period. This limitation shall not apply if rent increases are provided for in leases or contracts in existence prior to the filing date of the Tentative Map. IV -21 , March 2012 City of Seal Beach 2008 -2014 Housing Element IV. Constraints 0 The subdivider shall provide moving expenses of 2.0 times the monthly rent, but in no case less than $3,000.00, to any tenant who relocates from the building to be converted after approval of the condominium conversion by the City, except when the tenant has given notice of his intent to move prior to receipt of notification from the subdivider of his intent to convert. When a condo conversion is permitted, the increase in the supply of less expensive for - sale units helps to compensate for the loss of rental units. No requests for condo conversions been filed in recent years. Program 4b calls for the continuation of the City's condo conversion ordinance. i. Building Codes and Enforcement State law prohibits the imposition of building standards that are not necessitated by local geographic, climatic or topographic conditions and requires that local governments making changes or modifications in building standards must report such changes to the Department of Housing and Community Development and file an expressed finding that the change is needed. The City's building codes are based upon the 2011 California Building, Plumbing, Mechanical, Electrical and Fire Codes. Local amendments to the state code have been adopted to require fire sprinklers for some residential construction. 2. Development Processing Procedures a. Residential Permit Processing State Planning and Zoning Law provides permit processing requirements for residential development. Within the framework of state requirements, the City has structured its development review process to minimize the time required to obtain permits while ensuring that projects receive an appropriate level of review. Table 11.5.05.025, Review Authority, identifies the City official or body responsible for reviewing and making decisions on each type of application, land use permit, and other entitlements required by the Zoning Code. Three levels of review are identified: the Development Services Director, Planning Commission and City Council. The typical planning approvals and their respective level of review are as shown in Table IV -8. Table IV -8 Residential Permit Review Authority Permit Type Director Planning Commission City Council Development Permit Decision Appeal Appeal Minor Use Permit Decision Appeal Conditional Use Permit Decision Appeal Subdivision maps Recommendation Decision Source: Seal Beach Zoning Ordinance, Table 11.5.05 025 IV -22 , March 2012 City of Seal Beach 2008 -2014 Housing Element IV. Constraints As described previously in Table IV -3, all conventional residential uses, including multi- family apartments, are permitted by -right with no discretionary review. These uses only require review of project plans by the Director of Development Services to ensure conformance with applicable regulations and development standards. No public hearing is required. The typical time required to process these approvals is 30 days. Required findings for a Director's development permit approval are as follows: 1. The proposed use and structure conforms with the provisions of Zoning Code; 2. The proposed use and structure are compatible with uses and structures in the immediate neighborhood; 3. The plans provide protection to adjacent structures from noise, vibration and other undesirable environmental factors; 4. Proposed lighting is directed inward and downward to reflect Tight away from adjoining properties; 5. The following are designed to avoid traffic congestion, protect pedestrian and vehicular safety and welfare and eliminate any adverse effect on surrounding property: a. Structures and improvements; b. Vehicular ingress and egress and eternal circulation; c. Setbacks; d. Height of buildings; e. Walls; and f. Landscaping. A Minor Use Permit (MUP) is required for Group Housing in the RHD district. A MUP is reviewed and approved by the Planning Commission. The typical time required to process a Minor Use Permit is 45 days. A Conditional Use Permit (CUP) is required for Senior Citizen Housing in the RHD district. A CUP is reviewed and approved by the Planning Commission. The typical time required to process a CUP is 45 days. A MUP or CUP shall only be granted if the reviewing body finds, based upon evidence presented at the hearing, that the proposal conforms to all of the following criteria as well as to any other special findings required for approval of use permits in specific zoning districts: 1. The proposal is consistent with the General Han and with any other applicable plan adopted by the City Council; 2. The proposed use is allowed within the applicable zoning district with use permit approval and complies with all other applicable provisions of the Municipal Code; 3. The site is physically adequate for the type, density and intensity of use being proposed, including provision of services, and the absence of physical constraints; IV -23 , March 2012 City of Seal Beach 2008 -2014 Housing Element IV. Constraints 4. The location, size, design, and operating characteristics of the proposed use will be compatible with and will not adversely affect uses and properties in the surrounding neighborhood; and 5. The establishment, maintenance, or operation of the proposed use at the location proposed will not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity of the proposed use. There are no design review requirements in the city. b. Environmental Review Environmental review is required for all developments meeting the definition of "projects" under the California Environmental Quality Act (CEQA). Seal Beach has a number of environmental and development constraints due to its sensitive environmental resources and coastal location. Because of these environmental constraints, larger residential projects have typically required the preparation of Environmental Impact Reports (EIRs). Under state law, an EIR is required for any development that has the potential of creating significant impacts that cannot be mitigated, which is typical of large projects. Some residential projects are either Categorically Exempt or require only an Initial Study and Negative Declaration. A Negative Declaration typically takes four to six weeks to prepare, depending on complexity of the project and required technical studies, followed by a state - mandated public review period. Categorically Exempt developments require a minimal amount of time. As a result, environmental review does not pose a significant constraint to housing development in the city. 3. Development Fees and Improvement Requirements State law limits fees charged for development permit processing to the reasonable cost of providing the service for which the fee is charged. Various fees and assessments are charged by the City and other public agencies to cover the costs of processing permit applications and providing services and facilities such as schools, parks and infra- structure. Almost all of these fees are assessed through a pro rata share system, based on the magnitude of the project's impact or on the extent of the benefit that will be derived. Development fees will vary from project to project depending on the specific characteristics. Table IV -9 summarizes the development fees for typical single - family and multi - family projects. IV -24 , March 2012 Re ional Develo • ment Impact Fees3 Water connection fees4 $3,873 Sewer connection fees4 $1,835 Road fees (per unit) $783 (condo) $953 (apartment) $1,452 (single - family house) Est total fee % of total development costs SF — MF -5% 5% City of Seal Beach 2008 -2014 Housing Element IV. Constraints Table IV -9 Planning and Development Fees Fee Category Planning and Application Fees' Fee or Deposit Amount Pre- Application Review $100 deposit Parcel Map $750 deposit Tentative Tract Map $2,000 deposit Vesting Tentative Tract Map $2,000 deposit Minor Site Plan Review $150 deposit Major Site Plan Review $750 deposit Conditional Use Permit $750 deposit Environmental Review' Initial Study (review and preparation) $2,500 deposit Environmental Impact Report (review)2 $10,000 deposit Source: City of Seal Beach Development Services Department, 2011 Notes: 1. Items with deposits are based on actual processing costs which may exceed initial deposit amount 2. Applicant is required to reimburse City for consultant costs. 3. Impact Fees are imposed by regional agencies and vary by location 4. Assuming 1' water service line 5. Assumes development cost of $600,000 for SF and $300,000 for MF The City periodically evaluates the actual cost of processing the development permits when revising its fee schedule. A fee study is currently underway and is expected to be completed in 2012. After the passage of Proposition 13 and its limitation on local governments' property tax revenues, cities and counties have faced increasing difficulty in providing public services and facilities to serve their residents. One of the main consequences of Proposition 13 has been the shift in funding of new infrastructure from general tax revenues to development impact fees and improvement requirements on land developers. The City requires developers to provide on -site and off -site improvements necessary to serve their projects. Such improvements may include water, sewer and other utility extensions, street construction and traffic control device installation that are reasonably related to the project. Dedication of and or in -lieu fees may also be required of a project for rights -of- way, transit facilities, recreational facilities and school sites, consistent with the Subdivision Map Act. IV -25 , March 2012 City of Seal Beach 2008 -2014 Housing Element IV. Constraints A typical local street requires a 60 -foot right -of -way, with two 12 -foot travel lanes. The City's road standards are typical for cities in Orange County and do not act as a constraint to housing development. Table IV -10 illustrates the City's road improvement standards. Table IV -10 Road Improvement Standards Roadway Designation Number of Lanes Right -of -Way Width Curb -to -Curb Width Principal Arterial 8 140' 120' Major Arterial 6 120' 102' Primary Arterial 4 100' 84' Secondary Arterial 4 80' 64' Local Street 2 60' 36' Source: City of Seal Beach Public Works Department The City's Capital Improvement Program (CIP) contains a schedule of public improve- ments including streets and other public works projects to facilitate the continued build - out of the City's General Plan. The CIP helps to ensure that construction of public improvements is coordinated with private development. Although development fees and improvement requirements increase the cost of housing, cities have little choice in establishing such requirements due to the limitations on property taxes and other revenue sources needed to fund public improvements. B. Non - Governmental Constraints 1. Environmental Constraints Environmental constraints include physical features such as steep slopes, fault zones, floodplains, sensitive biological habitat, and agricultural lands. In many cases, development of these areas is constrained by state and federal laws (e.g., FEMA floodplain regulations, the Clean Water Act and the Endangered Species Act, and the state Fish and Game Code and Alquist- Priolo Act). The most noteworthy environmental constraints in Seal Beach are seismicity and soil stability related to a shallow groundwater. The Newport- Inglewood fault runs through the city. Since the city's topography is relatively gentle, steep slopes and landslides are not a major concern. The City's land use plans have been designed to protect sensitive areas from development, and also to protect public safety by avoiding development in hazardous areas. While these policies constrain residential development to some extent, they are necessary to support other public policies. In Southern California, nearly all development projects face potential community -wide environmental constraints such as traffic, noise and air quality impacts, in addition to site - specific constraints. None of the sites identified IV -26 , March 2012 City of Seal Beach 2008 -2014 Housing Element IV. Constraints in the land inventory (Appendix B) have site - specific environmental constraints that would preclude the assumed level of development. 2. Infrastructure Constraints Seal Beach is almost completely "built out" and necessary infrastructure such as water, wastewater and drainage systems are in place. The amount of new development projected to occur during the planning period is relatively small, and there are no known limitations that would preclude the anticipated level of development. The City's Capital Improvement Program (CIP) contains a schedule of public improvements including streets and other public works projects to facilitate the continued build -out of the City's General Plan. The CIP helps to ensure that construction of public improvements is coordinated with development. 3. Land Costs Land represents one of the most significant components of the cost of new housing. Land values fluctuate with market conditions, and the recent downturn in the housing market has affected land values. Changes in land prices reflect the cyclical nature of the residential real estate market. The high price of land throughout Orange County poses a significant challenge to the development of lower- income housing, although it is unclear to what extent the current downturn will affect long -term land prices. Density affects development feasibility by determining the land cost per unit. As discussed in the Governmental Constraints section of this chapter, allowable multi - family residential densities in Seal Beach are sufficient to facilitate development of affordable housing. 4. Construction Costs Construction cost is affected by the price of materials, labor, development standards and general market conditions. The City has no influence over materials and labor costs, and the building codes and development standards in Seal Beach are not substantially different than most other cities in Orange County. In recent years, construction costs for materials and labor have increased at, a slightly higher pace than the general rate of inflation according to the Construction Industry Research Board. 5. Cost and Availability of Financing The crisis in the mortgage industry during the past few years will affect the availability and cost of real estate loans, although the long -term effects are unpredictable. It is clear that one of the primary factors contributing to real estate recession was the lending policies of "sub- prime" mortgage brokers who approved loans for borrowers without sufficient equity and ability to repay the loans. As a result of these practices, there has been a significant rise in foreclosure rates, and changes in mortgage underwriting standards is likely to have greater impacts on low- income families than other segments of the community. IV -27 , March 2012 City of Seal Beach 2008 -2014 Housing Element IV. Constraints C. Fair Housing Under state law, it is illegal for real estate lending institutions to discriminate against entire neighborhoods in lending practices because of the physical or economic conditions in the area ( "redlining "). In monitoring new construction sales, re -sales of existing homes, and permits for remodeling, it would not appear that redlining is practiced in any area of the city. State law also prohibits discrimination in the development process or in real property transactions, and it is the City's policy to uphold the law in this regard. The City also provides financial support to the Orange County Fair Housing Council through its CDBG program and is an active participant in fair housing activities (see Program 5a in Chapter V - Housing Action Plan). IV -28 , March 2012 City of Seal Beach 2008 -2014 Housing Element V. Housing Action Plan V. HOUSING ACTION PLAN This chapter of the Housing Element sets forth the City's goals, policies and programs to address the previously identified existing future and special housing needs of Seal Beach residents. Quantified housing objectives that the City anticipates achieving over the next five years are also included. This Housing Strategy represents a continuing evolving effort on the part of the City to facilitate the provision of housing for all economic segments of the population, to improve the quality of existing housing, and to maintain the condition and affordability of the existing housing stock. Table V -1 at the end of this chapter provides a summary of the housing programs contained in this strategy specifying the five -year objectives, time frame for implementation, source of funding, and responsible agencies. Table V -2 provides a summary of the City s quantified housing objectives over the 2008 -2014 period. A. Housing Goals, Policies and Programs A sound basis for any plan of action is a set of well- defined goals and policies to express the desires and aspirations of the community. The City has established the following housing goals: • Facilitate the development of a variety of housing types for all income levels to meet the existing and future needs of residents. • Assist in the development of adequate housing to meet the needs of low- and moderate - income households. • Address, and where appropriate and legally possible, remove governmental constraints to the maintenance improvement and development of housing. • Maintain and enhance the quality of existing residential neighborhoods in Seal Beach. • Promote equal housing opportunities for all persons regardless of race, color, national origin, ancestry, religion, sex, marital status, or familial status. • Encourage more efficient energy use in residential developments. Goal 1: Facilitate the development of a variety of housing types for all income levels to meet the existing and future needs of residents Policy 1 a: Provide adequate sites for a variety of housing types through the Land Use Element of the General Plan and the Zoning Ordinance, while ensuring that environmental and infrastructure constraints are addressed. Policy 1 b: Where appropriate, encourage the redesignation of vacant and underutilized non - residential land to residential uses with appropriate densities to facilitate the development of a variety of housing types to address the housing needs of all economic segments of the population. V -1 , March 2012 City of Seal Beach 2008 -2014 Housing Element V. Housing Action Plan Policy 1 c: Policy ld: Policy 1 e: Policy 1 f: Policy 1 g: Program la: Encourage the infilling of vacant residential land. Encourage the recycling of underutilized residential land, where such recycling is consistent with established land use plans. Provide compatibility of residential uses with surrounding uses through the separation of incompatible uses, construction of adequate buffers, and other land use controls. Improve all residential environments through the provision of adequate public facilities and services, including streets and parks, as well as water, sewer, and drainage systems. Provide for adequate, freely accessible open space within reasonable distances of all community residents. Provision of Adequate Sites for New Construction through the General Plan and Zoning Ordinance The Land Use Element of the Seal Beach General Plan designates land within the city for a variety of residential types and densities ranging from 9 to 46 units per acre. The land use designations are implemented through the Zoning Ordinance. The City is a fully urbanized community with little vacant land remaining to accommodate future residential growth. In order to make adequate sites available to accommodate the City's remaining fair share of regional housing need, the following objectives are established. 2008 -2014 Objectives: 1. By June 2012 the City will initiate General Plan and zoning amendments and related environmental analysis for parcels totaling at least 1.7 developable acres for multi - family development at a density of 33 units /acre to accommodate the shortfall of 53 lower- income housing units during the planning period. The parcel(s) to be rezoned will be selected from the list of potential sites identified in Table B -3. 2. By January2013, following completion of the site evaluation and environmental analysis, General Plan and zoning amendments will be adopted to allow development of at least 53 multi - family units during this planning period. The rezoned site(s) will permit a density of 33 units /acre with a minimum density of 20 units /acre, will accommodate at feast 16 units per site, and will include development standards that encourage and facilitate multi - family development by -right (i.e., without a conditional use permit, planned development permit, or other discretionary action). At least 50% of the lower- income need (i.e., 27 units) will be accommodated V -2 , March 2012 City of Seal Beach 2008 -2014 Housing Element V. Housing Action Plan on sites designated exclusively for residential use. The rezoned site(s) will be located in proximity to employment opportunities and transit if feasible. 3. In order to enhance the feasibility of affordable housing development, the City will offer incentives and concessions such as expedited processing, administrative assistance with applications for funding assistance, and modified development standards. 4. The City will report its progress in implementing this program to HCD on an annual basis, pursuant to Government Code §65400. 5. The City shall comply with the "no net Toss" provisions of Government Code §65863 through the implementation of an ongoing project -by- project evaluation process to ensure that adequate sites are available to accommodate the City's RHNA share throughout the remainder of the planning period. The City shall not reduce the allowable density of any site in its residential land inventory, nor approve a development project at a lower density than assumed in the land inventory, unless both of the following findings are made: a) The reduction is consistent with the adopted General Plan, including the Housing Element; and b) The remaining sites identified in the Housing Element are adequate to accommodate the City's share of regional housing need pursuant to Government Code §65584. If a reduction in residential density for any parcel would result in the remaining sites in the Housing Element land inventory not being adequate to accommodate the City's share of the regional housing need pursuant to Sec. 65584, the City may reduce the density on that parcel if it identifies sufficient additional, adequate and available sites with an equal or greater residential density so that there is no net loss of residential unit capacity. Program 1 b: Land Use Compatibility A goal of the City is to create and maintain desirable living areas for residents by physically separating or otherwise protecting residential neighborhoods from incompatible uses. This program will be implemented through the review of proposed amendments to the General Plan and zoning regulations, and through the review of discretionary permit applications. 2008 -2014 Objectives: • Continue to use zoning and other land use controls to ensure the compatibility of residential areas with surrounding uses. V -3 , March 2012 City of Seal Beach 2008 -2014 Housing Element V. Housing Action Plan Program 1 c: Second Units The City permits the construction of second units on existing residential Tots consistent with state law. Second units provide for alternative housing arrangements for single, elderly, and other households, many of which may have very-low or extremely -low incomes. 2008 -2014 Objectives: o Continue to allow for the development of second units consistent with state law and the Municipal Code. Program ld: Emergency Shelters and Transitional /Supportive Housing Senate Bill 2 of 2007 strengthened planning requirements for emergency shelters and transitional /supportive housing. The City will amend the Municipal Code within one year of Housing Element adoption in compliance with SB 2, including specific development standards that will apply to emergency shelters, and clarification that transitional /supportive housing is a residential use subject to the same standards as other residential uses of the same type in the same zone. At this time, the City is evaluating the suitability of the Boeing Specific Plan zone to accommodate an emergency shelter by- right. This zone encompasses approximately 107 acres and is served by bus routes and commercial services. However, as part of the Code amendment public review process the City Council may determine that another zone is better suited for this purpose. Any alternate zone that may be determined to be better suited for emergency shelters shall comply with the requirements of SB 2. As part of the Municipal Code amendment, appropriate findings and development standards will be adopted to encourage and facilitate development of an emergency shelter in compliance with SB 2. 2008 -2014 Objectives: O Amend the Development Code in conformance with SB 2 to establish development standards for emergency shelters and transitional/ supportive housing within one year of Housing Element adoption. Program 1 e: Innovative Land Use and Construction Techniques Construction and land costs represent the most important factors in determining the cost of housing in a community. Innovative land use techniques such as small lot, planned unit developments and mixed use, as well as innovative construction techniques including manufactured or factory built housing can help reduce the cost of housing. V -4 , March 2012 City of Seal Beach 2008 -2014 Housing Element V. Housing Action Plan 2008 -2014 Objectives: • Continue to encourage the use of innovative land use techniques and construction methods to minimize housing costs provided that basic health, safety, and aesthetic considerations are not compromised. Encourage the use of planned unit developments, mixed use, and alternative construction methods. The City will provide flexibility in development standards and siting requirements to minimize development costs. Program lf: Provision of Adequate Public Facilities and Services New residential developments bring new residents to the City, placing an increased demand on public facilities and services. To adequately serve its existing and future residents, the City must ensure that new residential developments are provided with adequate public facilities and services. 2008 -2014 Objectives: • Continue to utilize environmental and other development review procedures to ensure that all new residential developments are provided with adequate public facilities and services. Goal 2: Assist in the development of adequate housing to meet the needs of low- and moderate - income households Policy 2a: Expand housing opportunities for households with special needs, such as the elderly, disabled, large households, female- headed households, and the homeless. Policy 2b: Provide incentives for and otherwise encourage the development of new affordable housing for low- and moderate - income households, including extremely -low- income persons. Policy 2c: Investigate and pursue programs and funding sources designed to expand housing opportunities for low- and moderate - income households, including the elderly and disabled. Policy 2d: Direct the construction of low- and moderate - income housing to sites that are: • located with convenient access to schools, parks, public transportation, shopping facilities, and employment opportunities; • adequately served by public utilities; • adequately served by police and fire protection; V -5 , March 2012 City of Seal Beach 2008 -2014 Housing Element V. Housing Action Plan • compatible with surrounding existing and planned land uses; • minimally impacted by noise, flooding, or other environmental constraints; and O outside of areas of concentrated lower- income households. Program 2a: Density Bonus The Seal Beach Zoning Ordinance contains density bonus policies that are consistent with State density bonus law. Density bonuses and other incentives can help to facilitate the production of low- and moderate - income housing by providing incentives that reduce development costs. 2008 -2014 Objectives: • Continue to promote the use of density bonuses among potential residential developers Program 2b: Affordable Housing Resources The City will facilitate the development of quality affordable housing through a variety of actions, including pursuing additional funding sources and partnering with private and non - profit housing developers. 2008 -2014 Objectives: O Maintain a list of non - profit housing developers active in Orange County. O Contact qualified non - profit housing developers to explore opportunities for affordable housing development annually, or whenever development opportunities arise. • Explore a variety of funding resources, such as Multi - Family Housing Program (MHP) funds and Low Income Housing Tax Credits (LIHTC). Periodically consult with the State Department of Housing and Community Development HCD for current and new funding availability. • Provide interested developers with an inventory of residential sites available for development. • Prioritize assistance for ELI units and projects such as SROs and supportive housing commensurate with the City's regional housing need of 6 ELI units during the current planning period. V -6 , March 2012 City of Seal Beach 2008 -2014 Housing Element V. Housing Action Plan Program 2c: Land Write Downs and Assistance with Off -Site Improvements Land costs and requirements for off -site improvements are important factors in determining the cost of housing. To facilitate development of housing affordable to low- and moderate - income households the City may subsidize the cost of land and off -site improvements when feasible. This program will be implemented through discussions with project proponents during the development review process. 2008 -2014 Objectives: G Consider subsidizing the cost of land and off -site improvements for affordable housing development on a project - specific basis when feasible. Program 2d: Preserve the Existing Affordable Housing Stock With the high and costs in the City, new development of affordable housing is difficult. Therefore, preserving the existing affordable housing stock is especially important. To ensure the Tong -term preservation of Seal Beach Trailer Park as an important affordable housing resource, the City worked with LINC Housing, a non- profit housing organization, to pursue tenant ownership of the park. The City was awarded by the State Department of Housing and Community Development (HCD) a $20,000 Technical Assistance Grant to facilitate conversion of the park to tenant ownership. Through the issuance of a revenue bond by the Redevelopment Agency and subsequent loan to L1 NC housing, conversion of the park to tenant ownership was completed in 2000. In addition, the City provides ongoing rental assistance to offset the monthly rent increase necessary to repay the bond. 2008 -2014 Objectives: o Continue to monitor the terms of the tenant ownership agreement for the Seal Beach Trailer Park. Goal 3: Address, and where appropriate and legally possible, remove governmental constraints to the maintenance, improvement, and development of housing. Policy 3a: Assist City residents in securing decent safe and affordable housing. Policy 3b: Conserve the affordability of housing units assisted with public funds through affordability covenants or resale controls. V -7 , March 2012 City of Seal Beach 2008 -2014 Housing Element V. Housing Action Plan Policy 3c: Investigate and pursue programs and funding sources designed to maintain and /or improve the affordability of existing housing units to low - and moderate - income households. Program 3a: Section 8 Rental Assistance The Section 8 rental assistance program extends rental subsidies to very- low- income (50% MFI) families and elderly who spend more than 50% of their income on rent, live in substandard housing, or have been displaced. The subsidy represents the difference between 30% of the monthly income and the allowable rent determined by the Section 8 program. Most Section 8 subsidies are issued in the form of vouchers which permit tenants to locate their own housing and rent units beyond the housing payment standards in an area provided the tenants pay the extra rent increment. Seal Beach participates in the Section 8 Rental Assistance Program through the Housing Authority of Orange County. 2008 -2014 Objectives: c Continue to cooperate with the Orange County Housing Authority in providing Section 8 rental assistance to very-low- income households c Assist the County Housing Authority in promoting the Section 8 program to both property owners and eligible renters by publicizing the program on the City's website, the City newsletter, local libraries, and within Leisure World. Program 3b: Mortgage Credit Certificates The Mortgage Credit Certificate (MCC) program is a federal program that allows qualified first -time homebuyers to take an annual credit against federal income taxes of up to 15 percent of the annual interest paid on the applicant's mortgage. This enables homebuyers to have more income available to qualify for a mortgage loan and make the monthly mortgage payments. The value of the MCC must be taken into consideration by the mortgage lender in underwriting the loan and may be used to adjust the borrower s federal income tax withholding. The MCC program has covenant restrictions to ensure the affordability of the participating homes for a period of 15 years. The MCC program is administered through the County of Orange. Each participating city pays a small fee to help offset the cost of administration. MCCs are awarded on a first - come /first- served basis. 2008 -2014 Objectives: o Continue participation in the MCC program and contact the County annually to determine current program status. Distribute program V-8 , March 2012 City of Seal Beach 2008 -2014 Housing Element V. Housing Action Plan information at City libraries and on the City website. The number of households assisted with this program will depend on market conditions and program availability. Program 3c: Maintenance of Affordability Covenants on City or Agency - Assisted Housing The City and Redevelopment Agency use CDBG and redevelopment set - aside funds to assist in the development and preservation of affordable housing. Affordability covenants are typically placed on these units assisted with public funds. The City issued a bond and provided a loan to LINC Housing to purchase the Seal Beach Trailer Park. In addition, rental assistance is provided to help tenants adjust to the increased rent necessary to pay the bond. 2008 -2014 Objectives: O Maintain the affordability of any very-low, low -, and moderate - income housing units assisted with public funds. (See also Program 2d) Program 3d: Single Room Occupancy Housing Single room occupancy (SRO) facilities are small studio -type apartments intended to serve the needs of small households with extremely low incomes. The City will process a Zoning Code amendment to establish appropriate regulations and development standards that encourage development of SRO facilities. 2008 -2014 Objectives: o Process a Zoning Code amendment in 2012 to establish regulations for SRO facilities. Program 3e: Local Coastal Program The City does not currently have a certified LCP. As a result, all developments within the Coastal Zone are subject to review by the California Coastal Commission, in addition to the required City approvals. The City Council has appointed an Ad Hoc General Plan /LCP Committee to provide direction in the preparation of an LCP. During 2012 -2013 City staff will work with the Ad Hoc Committee to prepare and submit a draft LCP to the California Coastal Commission for review and certification. 2008 -2014 Objectives: • Prepare and obtain Coastal Commission certification of a Local Coastal Program. V -9 , March 2012 City of Seal Beach 2008 -2014 Housing Element V. Housing Action Plan Program 3f: Off - Street Parking In order to enhance the development feasibility of studio and one - bedroom apartments, the City will process a Zoning Code amendment to reduce the required off - street parking to one space when the units are reserved for low- or moderate - income households. 2008 -2014 Objectives: G Process a Zoning Code amendment in 2012 to reduce off - street parking requirements for small apartment units. Goal 4: Maintain and enhance the existing quality of residential neighborhoods in Seal Beach. Policy 4a: Policy 4b: Policy 4c: Policy 4d: Policy 4e: Encourage the maintenance and rehabilitation of existing owner - occupied and rental housing where feasible. Promote the removal and replacement of those substandard units that cannot be rehabilitated. Investigate and pursue programs and funding sources available to assist in the improvement of residential property. Encourage the continued affordability of housing units rehabilitated with public funds. Discourage the conversion of existing apartment units to condominiums where such conversion will diminish the supply of housing affordable to low- and moderate - income households. Policy 4f: Promote the conservation and rehabilitation of older neighborhoods, preventing the encroachment of incompatible commercial or industrial uses into established neighborhoods. Policy 4g: Assist all residents, wherever possible, in securing decent safe and adequate housing. Policy 4h: Promote a safe, healthful, aesthetically pleasing environment that strengthens individual and family life. Policy 4i: Preserve and enhance viable residential neighborhoods and strengthen neighborhood identity. Policy 4j: Upgrade and improve community facilities and municipal services in keeping with community needs. V -10 , March 2012 City of Seal Beach 2008 -2014 Housing Element V. Housing Action Plan Policy 4k: Encourage the use of innovative land use techniques and construction methods to minimize housing costs without compromising basic health, safety, and aesthetic conditions. Policy 41: Periodically reexamine local building and zoning codes for possible amendments to reduce construction costs without sacrificing basic health and safety considerations. Program 4a: Home Improvement Program - Owner - Occupied Housing The City's Home Improvement Program currently offers zero-interest rehabilitation assistance loans to low- and moderate - income owner households. Redevelopment set -aside funds are used to write -off the interest on rehabilitation loans of up to $60,000 provided through the Federal Housing Administration (FHA) Title I Program. Loans must be repaid upon sale of the property. 2008 -2014 Objectives: • Promote the program through distribution of program brochures annually at City libraries and Leisure World, and advertisement on City website. e Achieve repair and rehabilitation of 20 units during the 2008 -2014 planning period. Program 4b: Condominium Conversion As a means to preserve the affordable housing stock the Condominium Conversion Ordinance regulates the procedures for the conversion of existing apartment complexes to condominium ownerships. 2008 -2014 Objectives: • Continue to enforce the Condominium Conversion Ordinance Program 4c: Replacement Housing in Local Coastal Zone The Coastal and Surfside Planning Areas of the city are located within the Coastal Zone. State law requires that affordable low- and moderate - income housing units demolished within the coastal zone be replaced, it feasible. V -11 , March 2012 City of Seal Beach 2008 -2014 Housing Element V. Housing Action Plan 2008 -2014 Objectives: O Continue to review development projects on a case -by -case basis to ensure that replacement low- and moderate - income housing is provided if feasible. Program 4d: Housing Conditions Monitoring Overall, the housing stock in Seal Beach is well- maintained. However, the beach area contains scattered housing units with deferred maintenance issues. The City has targeted the beach area for housing condition monitoring. Periodically, the City's code enforcement and building officials survey the area to identify properties requiring maintenance and upkeep. 2008 -2014 Objectives: G Continue to conduct annual surveys of the targeted beach area to identify housing units with deferred maintenance issues and mail brochures about the City's rehabilitation programs to owners of the identified units. Program 4e: Zoning and Building Codes Enforcement Enforcement of building and zoning codes is important to maintaining and improving the quality of housing and neighborhoods in a community. The City contracts for code compliance services 20 hours per week. 2008 -2014 Objectives: A Continue to enforce the City s zoning and building codes through contract code compliance services. ® Provide information about assistance programs to property owners with violations. Goal 5: Promote equal housing opportunities for all persons regardless of race, color, national origin, ancestry, religion, sex, marital status, or familial status. Policy 5a: Promote fair housing practices throughout the community. Policy 5b: Encourage the development of housing that meets the special needs of disabled and elderly households. Policy 5c: Promote the provision of housing to meet the needs of families and households of all sizes. V -12 , March 2012 City of Seal Beach 2008 -2014 Housing Element V. Housing Action Plan Program 5a: Fair Housing Services The City enforces the Fair Housing Act within its jurisdiction. To achieve fair housing goals, the City participates in Orange County's contract with the Fair Housing Council of Orange County (FHCOC) to provide fair housing and tenant landlord counseling services. FHCOC is contracted to perform fair housing audits and to investigate fair housing complaints. 2008 -2014 Objectives: o Continue to provide fair housing and tenant landlord counseling services through the Fair Housing Council of Orange County. The City Development Services Director will serve as the primary point of contact for fair housing issues and will refer inquiries to the FHCOC. Program 5b: Removal of Architectural Barriers The City's Home Improvement Program includes removal of architectural barriers or installation of accessibility features as eligible improvements. CDBG funds are utilized to remove architectural barriers, such as restroom facilities in Leisure World. 2008 -2014 Objectives: o Continue to utilize the Home Improvement Program to remove architectural barriers and encourage participation by elderly and disabled residents. Program 5c: Housing Information and Referral Services The Housing Authority of Orange County provides housing information and referral services for persons seeking affordable rental and homeownership opportunities. 2008 -2014 Objectives: o Continue to support the housing and referral services provided by the Housing Authority of Orange County by posting contact information on the City website and at public buildings. Program 5d: Residential Care Facilities In conformance with state law, a Municipal Code amendment will be processed to clarify that state - licensed residential care facilities for six or fewer persons are treated as a single - family residential use. V -13 , March 2012 City of Seal Beach 2008 -2014 Housing Element V. Housing Action Plan 2008 -2014 Objectives: • Process a Zoning Code amendment in 2012 to clarify the zoning regulations for small residential care facilities. Program 5e: Senior Apartments and Independent Living Facilities In conformance with state law, a Municipal Code amendment will be processed to allow senior apartments and independent living facilities subject to the same standards and procedures as non -age restricted residential uses. 2008 -2014 Objectives: • Process a Zoning Code amendment in 2012 to modify the zoning regulations for senior apartments and independent living facilities. Goal 6: Encourage more efficient energy use in residential developments. Policy 6a: Promote energy conservation through "green building" techniques that reduce water consumption, improve energy efficiency and lessen a building's overall environmental impact. Policy 6b: Promote "smart growth" principles by encouraging compact development in locations that provide opportunities for reduced vehicle trips. Program 6a: Green Building Techniques "Green buildings" are structures that are designed, renovated, re -used or operated in a manner that enhances resource efficiency and sustainability. These structures reduce water consumption, improve energy efficiency and lessen a building's overall environmental impact. The City's Development Services Department will distribute a Green Building Tips handout for both homeowners and builders, and the City will offer a fee reduction program for remodels that include energy conservation features. 2008 -2014 Objectives: • Distribute a Green Building Tips handout at City Hall and on the City website. • Continue to offer reduced fees for residential remodeling projects that include energy conservation features. V -14 , March 2012 City of Seal Beach 2008 -2014 Housing Element V. Housing Action Plan Program 6b: Promote Smart Growth The City will continue to promote "smart growth" principles by encouraging compact development commensurate with the City's regional housing need in locations that provide opportunities for reduced vehicle trips (see also Program l a). 2008 -2014 Objectives: 0 Seek to incorporate smart growth principles in future land use and zoning amendments. V -15 , March 2012 City of Seal Beach 2008 -2014 Housing Element V. Housing Action Plan B. Quantified Objectives The City's quantified objectives for new construction, rehabilitation and conservation are presented in Table V -1. Table V -1 Quantified Objectives 2008 -2014 Program Category Income Category Extremely Low Very Low Low Moderate Above Moderate Totals New Constniction1 6 5 10 12 24 57 Rehabilitation 20 20 Conservation2 25 75 100 1. Quantified objective for new construction is for the period 1/1/2006 - 6/30/2014 per the RHNA 2. Preservation of units in Seal Beach Shores Trailer Park V -16 March 2012 City of Seal Beach 2008 -2014 Housing Element Appendix A - Evaluation of Prior Housing Element Appendix A - Evaluation of the Prior Housing Element Section 65588(a) of the Government Code requires that jurisdictions evaluate the effectiveness of the existing Housing Element, the appropriateness of goals, objectives and policies, and the progress in implementing programs for the previous planning period. This appendix contains a review of the housing goals, policies, and programs of the previous housing element, and evaluates the degree to which these programs have been implemented during the previous planning period, 2001 through 2008. This analysis also includes an assessment of the appropriateness of goals, objectives and policies. The findings from this evaluation have been instrumental in determining the City's 2008 -2014 Housing Implementation Program. Table A -1 summarizes the programs contained in the previous Housing Element along with the source of funding, program objectives, accomplishments, and implications for future policies and actions. Table A -2 summarizes the goals and policies contained in the previous Housing Element along with an assessment of their appropriateness for the new planning period. Table A -3 summarizes new units built during the previous Housing Element period. Table A -4 presents the City's progress in meeting the quantified objectives from the previous Housing Element. A -1 March 2012 City of Seal Beach 2008 -2014 Housing Element Appendix A — Evaluation of Prior Housing Element . Table A -1 Housing Element Program Evaluation — 2001 -2008 City of Seal Beach GoallProgram Objectives Time Frame Responsible Agency Accomplishments Future Policies and Actions Goal'I:,eCllltate tl a deV'eln rtiii nf'arvariet jiii usln es:for all in Amex leY.0l 'tp. '4r3t4110i.:tgtin and fOW.1910 f rOi3it(ent ,: Program la: Provision of Adequate Sites for New Construction through General Plan and Zoning Ordinance Continue to implement the General Plan Land Use Element and Zoning Ordinance to allow the construction of 265 new units Ongoing Planning Dept. Between 1998 and 2005 the City issued permits for a total of 109 housing units (see Table A -4). This program should be continued and revised to reflect the new RHNA. Program 1b: Redesignation of Nonresidential Land for Residential Uses Amend the Leisure World Specific Plan to redesignate approximately four acres within Leisure World to permit the development of up to 80 units for seniors By 2002 Planning Dept. Leisure World determined to not pursue a zone change for this area of their retirement community, and the City determined to not initiate such a change. Delete program Continue to explore the appropriateness of redesignating nonresidential properties for residential uses as opportunities arise Ongoing Planning Dept. The City has had conversations with some commercial property owners regarding the possibility of incorporating a residential component. This program should be continued. Program 1 c: Land Use Compatibility Continue to use zoning and other land use controls to ensure the compatibility of residential areas with surrounding uses Ongoing Planning Dept. The City continually reviews its development standards to ensure that compatibility with adjoining uses. In 2010 a comprehensive revision to the City's Zoning Code was completed. This program should be continued. Program ld: Second Units Continue to allow for the development of second units or granny flats. Ongoing Planning Dept. The Zoning Coded allows for second- units as a permitted use subject to specific development standards. Continue to encourage second units (no Code amendments required) Program le: Residential Care Facilities, Transitional Housing, and Emergency Shelters Amend the Zoning Ordinance by the end of 2001 to permit, by right, licensed family care homes, foster homes, or group homes serving six or fewer persons in all residential zones. End of 2001 Planning Dept. A comprehensive revision to the Zoning Code was adopted in 2010, which incorporated many of the changes needed to reflect new state laws. Some additional Code amendments are needed to comply with SB 2. Amend the Zoning Ordinance by the end of 2001 to permit transitional housing and emergency shelters in the General Commercial (C -2) zone, subject to a conditional use permit. End of 2001 Planning Dept. A comprehensive revision to the Zoning Code was adopted in 2010. Due to recent changes in state law (SB 2) additional amendments are needed to address regulations for transitional/ supportive housing and emergency shelters. Code amendments are needed to address changes in state law regarding emergency shelters and transitional/ supportive housing. A -2 March 2012 City of Seal Beach 2008 -2014 Housing Element Appendix A — Evaluation of Prior Housing Element GoallProgram Objectives Time Frame Responsible Agency Accomplishments Future Policies and Actions 1f: Innovative Land Use and Construction Techniques Continue to encourage the use of innovative land use techniques and construction methods to minimize housing costs Ongoing Planning Dept. and Building Dept. The City continues to encourage the use of innovative land use techniques and construction methods to minimize housing costs. The City continuously updates the Building and other construction codes of the City in accordance with the requirements of the California Building Standards Commission. This program should be continued. 1g: Provision of Adequate Public Facilities and Services Continue to utilize environmental and other development review procedures to ensure that all new residential developments are provided with adequate public facilities and services Ongoing Planning Dept. The City continues to utilize the CEQA review process to ensure that all new residential developments are provided with adequate public facilities and services. This program should be continued. t+ S oa2. a9 «i1i a ath0d dveo: Program 2a: Density Bonus 4n t sdtl a a, ydbea l047a cr..mnTdca Develop guidelines for implementation of the state density bonus provisions by the end of 2001 wnr co. e..xougeh .... r, w.- «....h. End of 2001 .-6 . l , . } „,. il�f.;>.- .l . JGi.,.... t...i*3..1..t. .] bY � .i�'._..... AN�" Planning Dept. A comprehensive revision to the Zoning Code was adopted in 2010, which incorporated current state requirements for density bonus (Chapter 11.4.55, Affordable Housing Bonus) This program is no longer necessary. Implementation of the density bonus ordinance will continue, however. Promote the use of density bonuses among potential residential developers Ongoing Planning Dept. City staff has discussed the use of density bonuses with potential residential developers. However, no developers have requested a density bonus as part of a development application. This program should be continued as an implementation measure. Program 2b: Affordable Housing Resources Compile a list of nonprofit housing developers active in Orange County by mid- 2001 Mid -2001 Planning Dept. A list of non - profit housing developers is included in the 2008 -2014 Housing Element (Appendix C- Public Participation). This activity should be continued as part of Program 2. Network with qualified nonprofit housing developers to explore opportunities for affordable housing development Ongoing Planning Dept. City staff met with representatives of Mercy Housing to discuss affordable housing development as part of a conversion of an existing hotel to apartments. Mercy Housing ultimately determined to not pursue the conversion. This activity should be continued as part of Program 2. A -3 March 2012 City of Seal Beach 2008 -2014 Housing Element Appendix A - Evaluation of Prior Housing Element Goal /Program Objectives Time Frame Responsible Agency Accomplishments Future Policies and Actions Explore a variety of funding resources, such as Low Income Housing Tax Credits; periodically consult with the State Department of Housing and Community Development (HCD) for current and new funding availability Ongoing Planning Dept. The City considered filing applications for funding for several multi - family residential rehabilitation programs during the planning period although none was determined to be feasible. This activity should be continued as part of Program 2. Provide interested developers an inventory of residential sites available for development Ongoing Planning Dept. Planning Staff has maintained a list of residential sites available for development. This activity should be continued as part of Program 2. Pursue adoption of an inclusionary housing ordinance with an in -lieu fee option to facilitate provision of affordable housing (see Program 2e) The City determined to not pursue such an ordinance, and has imposed inclusionary housing fees on developments within the Coastal Zone on a case -by -case basis. Continue to impose inclusionary requirements on a case -by -case basis. Program 2c: Land Write -Downs and Off-Site Improvements Consider subsidizing the cost of land and off- site improvements for affordable housing development on a project- specific basis Ongoing Planning Dept. and Redevelopment Agency The City considered utilizing Redevelopment funds to assist in the rehabilitation of an existing 4 -unit apartment with a requirement that 50% of the units be made available at low- moderate rental rates, but determined to not proceed with the process based on public controversy. The City will consider modifying the fee schedule to reduce off - site costs for affordable housing projects. Program 2d: Preserve the Existing Affordable Housing Stock Continue to monitor the terms of the tenant ownership agreement for the Seal Beach Trailer park 2001/2002 Redevelopment Agency The Redevelopment Agency issued bonds in 2000 to allow for the acquisition of the Seal Beach Trailer park by LINC Housing, a 501(c)(3) non - profit agency to own and manage the Seal Beach Trailer Park. In 2009 the ownership of the park was transferred to Seal Beach Shores, Inc, a resident -owned 501(c)(3) non - profit entity This program should be continued as a monitoring activity. By December 2001, compile a list of multi- family properties for potential acquisition/ rehabilitation and purchase of affordability covenants 2001/2002 Redevelopment Agency The City Council determined to not undertake this activity. This program should be discontinued. A -4 March 2012 City of Seal Beach 2008 -2014 Housing Element Appendix A — Evaluation of Prior Housing Element GoallProgram Objectives Time Frame Responsible Agency Accomplishments Future Policies and Actions Program 2e: Inclusionary Housing /In -Lieu Fee Pursue adoption of an inclusionary housing ordinance to increase the supply of affordable housing in the community 2001/2002 Planning Dept. The City determined to not pursue such an ordinance, and has imposed inclusionary housing fees on developments within the Coastal Zone on a -by -case basis. This program should be discontinued. roa` 9 serve te kPr b Program 3a: Section 8 Rental Assistance a9 .. o�find oh_. .,„... 0;900_1019_ Continue to provide Section 8 rental assistance to very low income households ^^_: . ...� .— _I.00b Ongoing , 1 g n . .—ti. ,9411 _n t 0( � Housing Authority of the County of Orange and the Seal Beach Planning Dept. ".case tl ,� i �t^.oda a � a fn� oVNka fz. co o � ih. ' � - - � .awer h a ,. � $L .� The City continues to contract with the County of Orange Housing Authority for participation in the Section 8 rental assistance program. This program should be continued. Assist the County Housing Authority in promoting the Section 8 program to property owners and eligible renters by publicizing the program in the City's website, the City newsletter, local libraries, and within Leisure World Ongoing Housing Authority of the County of Orange and the Seal Beach Planning Dept. The City has promoted the availability of the Section 8 rental assistance program in the City newsletter, through the local newspaper, and at local libraries. This program should be continued. Program 3b: Shared Housing Program Create a shared housing program by December 2001; distribute program information at Leisure World, City libraries, and on the City website 2001/2002 . Redevelopment Agency and Planning Dept. The City Council determined to not undertake this activity due to staffing limitations. This program should not be continued. Program 3c: Mortgage Credit Certificates Continue participation in the MCC program; distribute program information at City libraries and on the City website Ongoing Planning Dept. The City currently participates in this program offered by the County of Orange. It is unknown how many units have actually received funding by this program. The City should continue to publicize this program, if available. Program 3d: Maintenance of Affordability Covenants on City and Agency Assisted Housing Maintain the affordability of any very low, low, and moderate income housing units assisted with public funds Ongoing . Redevelopment Agency and Planning Dept. All units assisted with public funds were located in the Seal Beach Trailer Park. The Redevelopment Agency has provided approximately $120,000 per year in funding to the tenants of the Seal Beach Trailer Park to off-set increased costs in the 2000 acquisition of the Park by LINC Housing. This program should be continued. final 4 Ala t►tain ed,011.110.00, ,' :.. , Program 4a: Home Improvement Program — Owner- Occupied . Housing irn..::r. ' -, :.�' - i riti t, #.fie x(, . clual�ty,.. lies,, e.. a,nei ti Restructure program design to increase participation by homeowners iT .rTK'� —1.190 ,.. al Mid -2001 ee._ Redevelopment Agency '; g"" .SM ^v f4 .�'�Si k ��1�k . ��. r it.:' r 1+ Y.�:: , Program was re- structured by CivicStone, the City's consultant, in order to increase participation by homeowners. This program should be continued. A -5 March 2012 City of Seal Beach 2008 -2014 Housing Element Appendix A - Evaluation of Prior Housing Element Goal /Program Objectives Time Frame Responsible Agency Accomplishments Future Policies and Actions Promote the program through distribution of program brochures at City libraries and Leisure World, and advertisement on City website Ongoing Redevelopment Agency CivicStone also developed an expanded outreach program which became so successful that the City had to institute a "lottery" drawing program to select participants. This program should be continued. Achieve repair and rehabilitation of 20 units per year for a total of 100 units Ongoing Redevelopment Agency Between 2000. and 2010 the Agency has funded a total of 65 owner- occupied rehabilitation projects. This program should be continued. Program 4b: Home Improvement Program — Rental Housing Promote the program through distribution of program brochures at City libraries and at Leisure World, and advertisement on City website Ongoing Redevelopment Agency The City Council determined to not undertake this activity. See discussion under Program 2c, above. This program should be discontinued. Achieve rehabilitation of 4 rental units per year for a total of 20 units Ongoing Redevelopment Agency The City Council determined to not undertake this activity. This program should be discontinued. Pursue rehabilitation and deed - restriction of Beach Hotel by 2003 Redevelopment Agency The City Council determined to not undertake this activity. This program should be discontinued. Program 4c: Condominium Conversion Continue to enforce the Condominium Conversion Ordinance Ongoing Planning Dept. The City continues to enforce the Condominium Conversion Ordinance. No applications for a conversion were submitted to the City during the period of this report. This program should be continued. Program 4d: Replacement Housing in Local Coastal Zone Continue to review development projects on a case -by -case basis to ensure that replacement of low and moderate income housing is provided or a fee is paid by the developer in lieu of replacing the affordable units Ongoing Planning Dept. The City has imposed inclusionary housing fees on developments within the Coastal Zone on a case -by -case basis. This program should be modified to comply with the requirements of state law. Program 4e: Housing Conditions Monitoring Survey the targeted beach area to identify housing units with deferred maintenance issues and mail brochures about the City's rehabilitation programs to owners of the identified units Annually Building Dept. and Code Enforcement CivicStone conducted a survey and targeted its initial public outreach program to properties needing repairs. Several of the identified properties participated in rehabilitation loan and grant programs offered by the City. This program should be continued. Program 4f: Zoning and Building Codes Enforcement Continue to enforce the City's zoning and building codes Ongoing Building Dept. and Code Enforcement The City continues to enforce the zoning and building codes. The City maintains the service of a Code Compliance Officer on a contractual basis at a staffing level of 20 hours per week. This program should be continued. A -6 March 2012 City of Seal Beach 2008 -2014 Housing Element Appendix A — Evaluation of Prior Housing Element Goal /Program Objectives Time Frame Responsible Agency Accomplishments Future Policies and Actions :.GoaI.:5 Promote a ual:hausln Program 5a: Fair Housing Services .o ortumtiO far;all et'sbtrii:re ardi ss Continue to provide fair housing and tenant/landlord counseling services bf race coIot :tlat)bn4on Ongoing ifs :a ctYst Fair Housing Council of Orange County ;x01.1 iatl gi mat•ital taiutr o>` tt fal tat s The City continues to refer interested parties to the Fair Housing Council to provide fair housing and tenant/landlord counseling services. This program should be continued. Program 5b: Removal of Architectural Barriers Restructure the Home Improvement Program to encourage participation by elderly and disabled residents Early 2001 Redevelopment Agency The City has been successful in restructuring its program in providing this type of assistance. Since 2005 the City has assisted over 430 households in Leisure World with Orange County Community Development Block Grant funds to remove architectural barriers in restroom areas particularly. This program should be continued. Program 5c: Housing Information and Referral Services Continue to support the housing and referral services provided by the Housing Authority of Orange County Ongoing Housing Authority of the County of Orange The City continues to refer interested parties to the Orange County Housing Authority regarding affordable rental and home ownership opportunities. This program should be continued. A -7 March 2012 City of Seal Beach 2008 -2014 Housing Element Appendix A — Evaluation of Prior Housing Element Table A -2 Appropriateness of Housing Element Goals and Policies City of Seal Beach 2001 — 2008 Goal Policy Appropriateness (=acil�tate the devt;lopment bf a varfety;bf housing �yp�g for,aiC lrcum`�,lerei�,ct',►rreet th�,��iri k ng�ant! fltture;needs'af'restde > i Goat2 - A §laf in the ;development of a equate ()Ave needo of (ow and rna Igraf6 n6bme` se otd Policy 2a: Expand housing opportunities for households with special needs such as the elderly, disabled, large households, female headed households, and the homeless. Policy 2b: Provide incentives for and otherwise encourage the development of new affordable housing for low and moderate income households. Policy 2c: Investigate and pursue programs and funding sources designed to expand housing opportunities for low and moderate income households including the elderly and disabled. Policy 2d: Direct the construction of low and moderate income housing to sites that are: • located with convenient access to schools, parks, public transportation, shopping facilities, and employment opportunities; • adequately served by public utilities; • adequately provided with police and fire protection services; • compatible with surrounding existing and planned land uses; • minimally impacted by noise, flooding, or other environmental constraints; and • outside of areas of concentrated lower income households. Adaret„s,r Policy 3a: . ,.liz �; r!Y,t"i+ ,,.".`vi`T tsr V+r ere "a o rlate and legatl , mesIbte'rentove drVernniental coniarat its to ttie mainte►iartceimproiterriei Assist City residents in securing decent, safe, and affordable housing. Appropriate - retain Appropriate - retain Appropriate - retain Appropriate - retain ddAlevetop enk housln Appropriate - retain Policy 3b: Conserve the affordability of housing units assisted with public funds through affordability covenants or resale controls. Appropriate - retain A -8 March 2012 City of Seal Beach 2008 -2014 Housing Element Appendix A - Evaluation of Prior Housing Element Goal Policy Appropriateness Policy 3c: Investigate and pursue programs and funding sources designed to maintain and /or improve the affordability of existing housing units to low and moderate income households Appropriate - retain t' 0+,' 2.. �st3o f)4 tM�i , i...., .: x+.� : + ;Fay. , :in. 016-70-3- ... ° �� -rnn . -«.,.. F ,..:,. :� _..... TA R1 > „*.-r r -rr .'j i. { :4 {' r yk. 'Y•, ' .. , , .« ,,_. .. ,,. ., „:. :..4 ' ,4....• 'rtr ,.M .' �l ,,z ,: .7 a fain and en e,tNe. ui llt .6f resld nttbl,rtof(,�j bo Neods to aL � .: �> j yt . �y,},, _ .. _ �'1JN « r f.l.S n .._ y� i�:,.f' ..r. ,.. .t. ..r, W:c; �.. �...,':s�«.m.r -: r...: J r � -c <. a ate} v :.�,�Yi. i�ii} �Z�N+� [��i y.� U�2 ��$ t j x7 Y... , t, >... ?, ,.. }.. }� ^�Y't.t� vllr� A'NYLa1[ fZS> a v Policy 4a: Encourage the maintenance and rehabilitation of existing owner occupied and rental housing where feasible. Appropriate - retain Policy 4b: Promote the removal and replacement of those substandard units that cannot be rehabilitated Appropriate - retain Policy 4c: Investigate and pursue programs and funding sources available to assist in the improvement of residential property, Appropriate - retain Policy 4d: Encourage the continued affordability of housing units rehabilitated with public funds Appropriate - retain Policy 4e: Discourage the conversion of existing apartment units to condominiums where such conversion will diminish the supply of housing affordable to low and moderate income households Appropriate - retain -Policy 4f: Promote the conservation and rehabilitation of older neighborhoods, preventing the encroachment of incompatible commercial or industrial uses into established neighborhoods Appropriate - retain Policy 4g: Assist all residents wherever possible in securing decent, safe, and adequate housing Appropriate - retain Policy 4h: Promote a safe, healthful, aesthetically pleasing environment that strengthens individual and family life Appropriate - retain Policy 41: Preserve and enhance viable residential neighborhoods and strengthen neighborhood identity Appropriate - retain Policy 4J: Upgrade and improve community facilities and municipal services in keeping with community needs Appropriate - retain Policy 4k: Encourage the use of innovative land use techniques and construction methods to minimize housing costs without compromising basic health, safety, and aesthetic conditions Appropriate - retain Policy 41: Periodically reexamine local building and zoning codes for possible amendments to reduce construction costs without sacrificing basic health and safety considerations Appropriate - retain , 't w. al�pr._ wn �,._. i ^t'.? .- .�;.�,. ,..r r.:, .�.^.^^a�, + +.^rz�- c.,.y,:;"T -n . ^,. ^ �, �^•n -:..,^ ;^r, : .�. .. v.... l ;r:�..._. rn^sr-... -•-, ,�^:..;.,...,,� -. -r ..,� i,... -rte �•z•�;1,: „..�,;{.< ombte,egtlal liii64 � oppert 1716 s fo f.ali2r�bns re' at•dli;: -qf race, iolor tiii# aLort trf -: ►1Cbstr - ei� la t e' . ntal it tug otAf 1T g _ � ..s......� .... ��.�,. �. ...„n�,.. ,... �r, t�_ ....:x�rl� .�...:,r.�..,��.���, �t..,z„at,�� �::.��.�,,�.:.L,u �.���x �, to t l A ..'� 777' �5t..xc.�.�� Policy 5a: Promote fair housing practices throughout the community. Appropriate - retain Policy 5b: Encourage the development of housing that meets the special needs of disabled and elderly households Appropriate - retain Policy 5c: Promote the provision of housing to meet the needs of families and households of all sizes. Appropriate - retain A -9 March 2012 City of Seal Beach 2008 -2014 Housing Element Appendix A — Evaluation of Prior Housing Element Table A -3 Residential Development by Income Category City of Seal Beach 1998 -2010 Pro'ect!Site Gen Plan/ Zonin ' 1998 - 2005a 2006 - 2010b Total EL VL Low Mod U ' . er Total EL VL Low Mod Upper Centex Homes RMD 83 83 Heron Pointe RLD 15 15 48 48 Seal Beach Shores Mobile Homes RHD 25c 75 -' 100 ■■ 2 d ■- 2 Custom Homes Totals — —, � 25 11 11 - 75 109 209 2 _ 48 50 o es: a. January 1, 1998 — December 31, 2005 b. January 1, 2006 — December 31, 2010 c. Affordability covenants on existing mobile homes d. New units Source: City of Seal Beach A -10 March 2012 City of Seal Beach 2008 -2014 Housing Element Appendix A - Evaluation of Prior Housing Element Table A -4 Progress in Achieving Quantified Objectives 2001 -2008 City of Seal Beach Program Category Quantified Objective Progress Very Low Low Moderate Above Moderate Total a 3. r•- 2001 -05* 0 0 0 109 109 15 5 13 33 76 35 47 107 265 Very Low Low Moderate Above Moderate Total nserY�3bop* sS1St3n a�i ' 50 50 20 120 2006 -10 0 2 0 45 47 16 9 7 32 Very Low Low Moderate Above Moderate 6 60 60 25* 75* 25* Total 126 125* 0 *Quantified objectives for new construction are for 1998 - 2005 RHNA period **Seal Beach Shores Trailer Park preservation A -11 March 2012 City of Seal Beach 2008 -2014 Housing Element Appendix A - Evaluation of Prior Housing Element This page intentionally left blank. A -12 March 2012 City of Seal Beach Housing Element Appendix B - Land Inventory Appendix B Land Inventory This appendix provides additional detail regarding the land inventory analysis of potential affordable housing development during the current RHNA period (2006 - 2014), as well as an analysis of RHNA carryover from the previous planning period. ASSUMPTIONS REGARDING AFFORDABILITY State 1aw13 establishes a "default density" of 20 units per acre that is suitable for lower - income housing in small metropolitan cities such as Seal Beach. The land inventory analysis is therefore based on the affordability assumption. RHNA CARRYOVER FROM THE PREVIOUS PLANNING PERIOD State 1aw14 requires that any portion of the housing need from the previous planning period that was not accommodated must be carried over to the next planning period. In 2001 the City submitted a draft Housing Element for the 2000 -2005 planning period for review by HCD. Due to limited staff resources, a final Housing Element update was not completed, however. Since the City's 2000 -2005 Housing Element was not finalized, an analysis must be prepared of the City's regional housing needs for the previous period and the extent to which adequate sites were available to accommodate those needs. The RHNA allocation for Seal Beach in the previous planning period was 265 units, with the income distribution as shown in Table B -1. Table B -1 Regional Housing Growth Needs 1998 -2005 Very Low 76 Source: SCAG 1999 Low Moderate Above Mod Total 35 47 107 265 Table B -2 shows the inventory of sites that were available in the previous planning period compared to the RHNA. This inventory was described in the Draft 2000 -2005 Housing Element that was submitted to HCD for review on June 25, 2001. The analysis demonstrates that there was a shortfall of 32 lower- income units that should be carried over to the current planning period. 13 Government Code Sec. 65583.2(b)(3) 74 Government Code Sec. 65584.09 B -1 March 2012 City of Seal Beach Housing Element Appendix B — Land Inventory Table B -2 Residential Sites Inventory Carryover Analysis Site 2001 Housing Element Hellman Ranch (Site 1) Bixby Old Ranch (Site 2) General Plant Zonin Specific Plan Acrea . e 149 Max. Density dulac Realistic Density dulac Existin • Use 2000-2005 This site was approved for single - family development. Potential Units by Income Category Lower Moderate U..er 70 Total 70 RMD 15 This site was approved for single - family development and construction began in 2001 75 75 Leisure World (Site 3 RHD 4 32 30 Vacant (RV storage) 120 120 Bixby Assisted Living (Site 4) Exxon Oil Separation (Site 5) Seal Beach Blvd /PCH (Site 6) Limited Commercial Zone (Site 7) RHD 4 This site was developed with a senior assisted living facility in 2000 -2001. Industrial/ Oil extraction 4 The General Plan and zoning designations on this site did not allow residential use. RMD 0.3 21 21 This site is developed with a small commercial building. 6 0 6 Limited Commercial 0.75 This site was comprised of 13 small vacant lots and the zoning allows stand -alone residential use. (Approximately half of the lots have been developed) 13 13 Hotel Conversion (Site 8) Other Sites RHD 20 This site was developed with 4 single - family houses. 4 4 TOTALS 1998 -2005 RHNA Adequate Capacity? Notes: *Deed- restricted units (25 VL, 75 L/Mod, 25 Above Moderate) 126 137 263 158 47 107 265 (32) (47) Yes B -2 March 2012 City of Seal Beach 2008 -2014 Housing Element Appendix B - Land Inventory POTENTIAL SITES FOR HOUSING DEVELOPMENT There are not currently adequate sites with appropriate zoning to accommodate the lower- income RHNA allocation for this planning period. In order to identify potential sites for multi - family housing, a thorough analysis of potential sites was conducted. A list of potential sites was prepared and vetted at several public meetings of the Ad Hoc General Plan Committee, Planning Commission and City Council. A short list of seven sites was identified that may have realistic potential for development (see Table B -3). This list includes both vacant and underutilized parcels. With the appropriate zoning amendments, the sites listed in Table B -3 have sufficient capacity to accommodate high - density residential development commensurate with the City's remaining lower- income need of 53 units during this planning period. Program 1 a in the Housing Action Plan (Chapter V) includes a commitment to rezone parcels with sufficient capacity at a density of at least 33 units /acre to accommodate this remaining need. The sites to be evaluated are described below. o Marina Park Expansion Site. This approximately 4 -acre property is located along the southeast edge of First Street adjacent to Marina Park. It is zoned for oil extraction and is currently vacant. The owner previously indicated a desire to develop the site for residential use, but it is unknown if this is still the owner's intent. The City recently submitted a Prop 84 parks grant for development of this site as an expansion of Marina Park. • Rossmoor Center. This property comprises a total of 39 acres, has a General Plan designation of Commercial - General and is zoned General Commercial. An underutilized parking area is located adjacent to existing multi -story residential use at the northwest corner of the center. o State Lands Property. This approximately 2.5 -acre site is located at the northeast corner of First Street and Pacific Coast Highway. It is zoned for specific plan regulation and is currently vacant. It is owned by the State and may be incorporated into the Hellman Wetlands site. o 1701 Adolfo Lopez Dr. This approximately 4 -acre property is zoned for light manufacturing. It was formerly occupied by a metal fabricator and is currently underutilized as a vehicle storage site. In 2006, a developer submitted an application on behalf of the owner to build 87 attached single - family units on the site. • Boeing Parking Lot. This approximately 3 -acre site is located along the southern edge of Westminster Avenue, east of Apollo Drive. It is zoned for specific plan regulation and is currently developed with excess parking for the Gateway Business Park /Boeing Facility. It is unknown whether Boeing is interested in developing the site with residential uses. • Sunset Aquatic Park. This approximately 20 -acre site is located at 2901 Edinger Avenue. It is zoned for open space /parks and recreation and is developed as a public park and marina owned by the County of Orange. Approximately 3.75 acres of the site is an underutilized parking lot currently used for boat storage. It is B -3 March 2012 City of Seal Beach 2008 -2014 Housing Element Appendix B - Land Inventory unknown whether the County is interested in developing this portion of the site for residential uses. 0 490 Pacific Coast Highway (ARCO Station). This 0.5 -acre site is located at the northwest corner of Fifth Street and Pacific Coast Highway. It is zoned for general commercial use and is currently vacant. It was previously developed with an automobile service station that was demolished as part of a recently completed hazardous materials remediation on the site. o Seal Beach Blvd. /Pacific Coast Highway. This 0.25 -acre parcel is developed with an older commercial building currently occupied by a liquor /convenience store. It has a General Plan designation of Limited Commercial and is zoned Residential Medium Density. This zoning designation currently allows residential use at up to 21 units /acre, which is considered suitable for lower- income housing. Due to the age and marginal condition of the structure, it is assumed that the entire site would be redeveloped with a new residential or mixed -use project. Due to the small size of the site, this parcel has been listed in the moderate income category. B -4 March 2012 City of Seal Beach 2008 -2014 Housing Element Appendix B — Land Inventory Table B -3 Residential Sites Inventory 2008 -2014 Parcel No. Site Current General Plan/Zoning Parcel Acreage +1- Assumed Density dulac Potential Units Comments 5 Marina Park Expansion site (Site 5 in the 2001 Draft Element Oil Extraction 4.0 20 80 Vacant land for which the City submitted a Prop 84 parks grant for development as an ex.ansion of Marina Park 11 Shops at Rossmoor General Commercial 2.0 20 40 Excess parking behind shopping center that could be converted to mixed -use development to allow residential use 12 State Lands Property (1st & PCH - former casino site Specific Plan Res ulation 2 5 20 50 Currently vacant State owned property that may be incorporated in Hellman Wetlands site. 14 1701 Adolfo Lopez Road (Accurate Storase at Seal Beach Blvd. Light Manufacturin . 4.0 20 80 Former metal fabricator site currently used as vehicle storage that could be redeveloped for residential use 15 Boeing parking lots along Westminster Specific Plan R-•ulation 3.0 20 60 Excess parking for the Gateway Business Park /Boeing Facility that could be redeveloped for residential use 19 Sunset Aquatic Park Open Space/ Parks & Rec. 2.0 20 40 Excess parking at County -owned park and marina that could be redeveloped for residential use 24 Former Arco Service Station (PCH & 5th General Commercial 0.5 33 16 Vacant property previously developed as an automobile service station that was demolished durin. a recentl com•leted hazardous materials remediation B-5 March 2012 City of Seal Beach 2008 -2014 Housing Element Appendix B - Land Inventory Figure B -1 Sites Inventory Maps Insert maps after sites are confirmed B -6 March 2012 City of Seal Beach 2008 -2014 Housing Element Appendix B - Land Inventory Figure B -2 Site Photographs - (update photos after sites are confirmed) B -7 March 2012 City of Seal Beach 2008 -2014 Housing Element Appendix B - Land Inventory 0 Second Units. Second units are often occupied by family members with no rent charged. If they are rented, studio or 1- bedroom units rent within the low category, currently (201 1) up to $1,477 per month for a 2- person household based on state income limits. Although no new second units were permitted during 2000- 2010, it is assumed that enhanced marketing efforts will facilitate property owners to seek approval for 3 second units prior to the end of this planning period. SUMMARY Based on current land use plans and zoning, the City does not have adequate sites to accommodate its remaining lower- income need of 51 units. Program 1 b in the Housing Action Plan (Chapter V) includes a commitment to conduct a review of the potential residential sites listed in Table B -2 and adopt zoning amendments that will provide sufficient capacity to meet the needs identified in the RHNA for the current planning period. B-8 March 2012 City of Seal Beach 2008 -2014 Housing Element Appendix C - Public Participation Summary Appendix C Public Participation Summary Section 65583(c) (5) of the Government Code states that 'The local government shall make diligent effort to achieve public participation of all the economic segments of the community in the development of the housing element, and the program shall describe this effort.' Public participation played an important role in the formulation and refinement of the City's housing goals and policies and in the development of a Land Use Plan which determines the extent and density of future residential development in the community." City residents and other interested stakeholders had many opportunities to recommend strategies, review, and comment on the Housing Element update. Early in the process, study sessions were held by the Planning Commission and City Council. The City's Ad Hoc General Plan Citizens Advisory Committee held ## meetings over the course of the project. A public workshop was held to solicit concerns and recommendations from members of the community, and ## public hearings were held by the Planning Commission and City Council. Representatives from organizations and groups interested in affordable housing and persons with special needs were invited to participate throughout the process via notices sent by direct mail and posted on the City website. Service providers and interested parties that were included in the distribution of public notices are shown in Table C -1. Table C -2 provides a summary of public comments along with responses that are reflected in this Housing Element. The following is a list of opportunities for public involvement in the preparation of this Housing Element update. Joint City Council /Planning Commission study session Planning Commission study session Ad Hoc Committee meeting #1 Ad Hoc Committee meeting #2 Ad Hoc Committee meeting #3 Ad Hoc Committee meeting #4 Joint City Council /Planning Commission hearing Ad Hoc Committee meeting #5 Planning Commission hearing City Council hearing March 9, 2009 April 8, 2009 June 3, 2010 May 10, 2011 June 14, 2011 August 9, 2011 October 10, 2011 February 14, 2012 March 14, 2012 April 9, 2012 (tentative) C -1 March 2012 City of Seal Beach 2008 -2014 Housing Element Appendix C — Public Participation Summary County of Orange Director of Planning PO Box 4048 Santa Ana, CA 92702 Linda Lang OC Association of Realtors 25552 La Paz Road Laguna Hills, CA 92653 The Related Companies of California Frank Cardone 18201 Von Karman Ave Ste 900 Irvine, CA 92612 Dayle McIntosh Center 13272 Garden Grove Boulevard Garden Grove, CA 92843 -2205 Kate Klimow VP Govemment Affairs OC Business Council 2 Park Plaza, Suite 100 Irvine, CA 92614 Steve Mendoza Community Development Director City of Los Alamitos 3191 Katella Ave. Los Alamitos, CA 90720 Bryan Starr Executive Officer BIA Orange County Chapter 17744 Sky Park Circle, Suite 170 Irvine, CA 92614 The Olson Company 3020 Old Ranch Pkwy., Suite 400 Seal Beach, CA 90740 Table C -1 Public Notice Distribution List City of Seal Beach Housing Element Update Kennedy Commission Linda Tang 17701 Cowan Ave., Suite 200 Irvine, CA 92614 Public Law Center Kenneth Babcock 601 Civic Center Drive West Santa Ana, 92701 Community Housing Resources, Inc. Joseph Jimenez Singh 17701 Cowan Avenue, Suite 200 Irvine, CA 92614 Max Gardner Interim CEO & President Orange County United Way 18012 Mitchell Ave South Irvine, 92614 OC Housing Trust Glenn Hayes, Exec. Director 198 W. Lincoln Ave., 2nd Floor Anaheim, CA 92805 Doug Mclsaac Community Development Director City of Westminster 8200 Westminster Blvd. Westminster, CA 92683 Fair Housing Council 201 South Broadway Santa Ana, CA 92701 -5633 Shelley Amendola OC Housing Providers 25241 Paseo de Alicia, # 120 Laguna Hills, CA 92653 Jamboree Housing Corp. Laura Archuleta 17701 Cowan Ave. Suite 200 Irvine, CA 92614 Habitat for Humanity of OC 2200 S. Ritchey St. Santa Ana, CA 92705 Neighborhood Housing Services of Orange County 198 W. Lincoln Ave., 2nd Floor Anaheim, CA 92805 Scott Hess Director of Planning & Building City of Huntington Beach PO Box 190 Huntington Beach, CA 92648 County of Orange Housing & Community Services 1770 N. Broadway Santa Ana, CA 92706 Legal Aid Society of Orange County 2101 N. Tustin Ave Santa Ana, Califomia 92705 C -2 March 2012 City of Seal Beach 2008 -2014 Housing Element Appendix C - Public Participation Summary Table C -2 Summary of Public Comments City of Seal Beach Housing Element Update Comment Response Can the City target housing assistance programs for City employees such as Police officers? The City could provide housing assistance to City employees as part of employment contracts, or these personnel could also be eligible for other programs that are not restricted to City employees What is the deadline for completing the Housing Element update? The due date was July 2008, and the update must be completed as soon as possible prior to the end of the planning period in 2013. What is the status of the previous Housing Element? The Housing Element for the previous planning period was adopted in 2001 but did not receive final approval from HCD. What are the consequences of non - compliance? Jurisdictions that are out of compliance with state law may lose eligibility for some funding programs, and are also subject to a carryover of their unaccommodated affordable housing need. Such jurisdictions will also be required to prepare subsequent updates every 4 years rather than on an 8 -year cycle. Additionally, a court can suspend the City's authority to issue building permits, mandate the approval of applications for affordable units or homeless shelters, or order the City to draft a Housing Element that complies with state Planning and Zoning Law. Doesn't the Redevelopment Agency generate funding for affordable housing? Yes, the Low /Moderate Income Housing Fund is mainly used to assist mobile homes in the Seal Beach Trailer Park. The Successor Agency to the Seal Beach Redevelopment Agency has listed the rental subsidy program on its enforceable obligation schedule. Can the City meet its regional housing needs through rehabilitation of existing units in need of repair? Under certain circumstances, up to 25% of the City's regional need can be met through the substantial rehabilitation of deteriorated housing. Other options also include preservation of affordable units that are at risk of conversion to market -rate, and conversion of units to affordable status through the purchase of affordability covenants. Can excess beds in a jail be used to satisfy emergency shelter requirements? Emergency shelter facilities would need to be available in a permanent, year -round facility in order to satisfy legal requirements. What density is required for affordable housing? State law assumes a "default density" of at least 20 units /acre for lower- income housing in small metropolitan cities Can churches provide emergency shelter facilities that qualify for meeting the City's needs Yes, as long as the facility is operated year- round. Could the Naval Weapons Depot accommodate the City's affordable housing or emergency shelter needs? It is uncertain whether the Navy would allow civilian housing development on the base. Staff has recently contacted the Navy to discuss the issue. There is a large unused parking lot behind Rossmoor Center that could be used for new housing. This site is currently being considered for residential designation as part of the Housing Element update process. The liquor store property at the comer of Seal Beach Blvd and PCH currently allows mixed use This site is listed in the City's land inventory (Table B -3) The Boeing parking lot is largely unused and could accommodate housing or an emergency shelter. This site is currently being considered for potential use for an emergency shelter. Can second units satisfy the City's affordable housing need? Second units can address a portion of the need, depending on the recent history of development and incentives that could be offered to encourage more homeowners to build second units. C -3 March 2012 City of Seal Beach 2008 -2014 Housing Element Appendix C — Public Participation Summary Comment Response Affordable housing at the Rossmoor Center would cause noise, traffic, pollution, and would hurt adjacent property values. Any zone change would also require the permission of the property owner Subsequent to the adoption of the Housing Element, the City will evaluate potentially significant environmental impacts such as noise, traffic, and air quality impacts, in the manner required by the Califomia Environmental Quality Act before rezoning the Rossmoor site or any other site under consideration. Additional affordable housing should be located in Old Town. The Ad Hoc Committee and the City Council reviewed a wide variety of potential housing sites and initially identified the Rossmoor Center site as the most appropriate location for new affordable housing. The Ad Hoc Committee has since reviewed an expanded list of sites and forwarded the sites discussed in Table B -3 to the Planning Commission and City Council for further consideration prior to adoption of the Housing Element. When will the Rossmoor Center project be built? There is not currently an affordable housing development proposed for the Rossmoor Center property. The City's obligation under Housing Element law is to ensure that adequate sites with appropriate zoning are available to accommodate the City's regional housing need. Subsequent to adoption of the Housing Element, the City will be required to process zoning amendments needed to make adequate sites available. These zoning amendments will require CEQA analysis and will provide additional opportunities for public comment at public hearings of the Planning Commission and City Council. C -4 March 2012 ATTACHMENT "C" REVISED POTENTIAL SITE ANALYSIS MATRIX FEBRUARY 14, 2012 Page 7 POTENTIAL HOUSING SITES AND ANALYSIS MATRIX Parcel No. Site (Address/APN) ( ) Current General Plan/Zoning g Acres ( + / -) Current Allowable Density (du /ac) Probable/ Potential Density Total Units 1 Hellman Wetlands (Site 1 in the 2001 Draft Housing Element) Specific Plan Regulation 100.0 0 0 2 Centex Homes (Site 2 in the 2001 Draft Element) Leisure World (Site 3 in the 2001 Housing Element Sunrise Senior Living (Site 4 in the 2001 Draft Element) RHD -33 RHD -PD General Commercial 15.0 4.0 4.0 33 Undefined 15 /ac 60 3 4 5 Marina Park Expansion site Site 5 in the 2001 Draft Element Oil Extraction 4.0 6 Southeast corner of Seal Beach Blvd. and PCH (Liquor Store) (Site 6 in the 2001 Draft Element) Limited Commercial / RMD 0.25 21 /ac 21 /ac 6 7 Seal Beach Boulevard south of PCH (Site 7 in the 2001 Draft Element) Marina & 4th Street (Site 8 in the Draft 2001 Element Limited Commercial / RMD RHD -20 8 9 Seal Beach Shores RHD -33 10 Zoeter School Site (Site 7 in the 2001 Housing Element) General Commercial 1.5 Currently Not Allowed 11 Shops at Rossmoor General Commercial 2.00 Currently Not Allowed 33 /ac 66 12 State Lands Property (1st & PCH - former casino site) Specific Plan Regulation 2.5 Currently Not Allowed 0 0 13 City parcel @ end of Adolfo Lopez Road Public /Semi Public 0.3 Currently Not Allowed 0 0 14 1701 Adolfo Lopez Road (Accurate Storage at Seal Beach Blvd.) Light Manufacturing 4.0 Currently Not Allowed 15 Boeing parking lots along Westminster Specific Plan Regulation 3.0 Currently Not Allowed 25 /ac 75 16 Naval Weapons Station (RV Storage area on Seal Beach Blvd.) Military 2.25 Currently Not Allowed 0 0 17 Hellman Oil Field Specific Plan Regulation 50.0 Currently Not Allowed 0 0 18 DWP Site Specific Plan Regulation 10.0 20 0 19 Sunset Aquatic Park �o� o - 20.0 Currently Not Allowed 46 92 20 Old Ranch Golf Course Recreation Golf 1.0 Currently Not Allowed 33 33 21 Animal Care Shelter Public /Semi Public 0.9 Currently Not Allowed 0 0 22 Former Pacific R-0-W between 14th - SBB RHD -20 0.8 20 20 23 City well site on Naval Weapons Station site Military 1.5 Not Allowed 33 50 24 Former Arco Service Station (PCH & 5th) General Commercial 0.5 Not Allowed 33 16 25 Ci Parks Parks /O.en S•ace -_ ATTACHMENT CHMENT "D" December 16, 2011 letter from HCD Page 8 SIATF OF A IFORNIA - BUSINESS TRANSPORTATION AND HOUSING AGENCY EOMUNO G BROWN R..lilwemnf DEPARTMENT"OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF HOUSING POLICY DEVELOPMENT 1800 Third Street, Suite 430 P. 0. Box 952053 Sacramento, CA 94252 -2053 (916) 323 -3177 / FAX (916) 327 -2643 WWW.hcd.ca.gov . December 16, 2011 Mr. Mark Persico Director of Development Services City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 Dear Mr. Persico.: City of Seal Beach Nei 9 2011= Department of Devninpmc it iiC.: ,ices . RE: Review of the City of Seal Beach's Draft Housing Element Thank you for submitting Seal Beach's draft housing element received for review on October 17, 2011 with revisions received on December 1, 2011. The Department is required to review draft housing elements and report the findings to the locality pursuant to Government Code Section 65585(b). A telephone conversation on November.16,.2001 with you and Mr. John Douglas, the City's Consultant, facilitated the review, In additiori,•the Department considered comments pursuant to Government Code Section 65585(c). The draft element addresses many statutory requirements; however, revisions will be necessary to comply with State housing element law (Article 10.6 of the Government Code). In particular, the element must include complete analyses of identified sites and governmental constraints. The enclosed Appendix describes these and other revisions needed to comply with State housing element law. The Department is committed to assist Seal Beach in addressing all statutory . requirements of housing element law. If you have any questions or need additional technical assistance, please contact Melinda Coy, of our staff, at (916) 445 -5307. Sincerely, Glen A. Campora , . . Assistant Deputy Director Enclosure APPENDIX CITY OF SEAL BEACH The following changes would bring Seal Beach's housing element into compliance with Article 10.6 of the Government Code. Accompanying each recommended change, we cite the supporting section of the Government Code. Housing element technical assistance information is available on the Department's website at www.hcd.ca.gov /hpd. Refer to the Division of Housing Policy Development and the section pertaining to State Housing Planning. Among other resources, the Housing Element section contains the Department's latest technical assistance tool Building Blocks for Effective Housing Elements (Building Blocks) available at www.hcd.ca.gov /hpd /housing element2 /index.php, the Government Code addressing State housing element law and other resources. A. Housing Needs, Resources, and Constraints 1. include an inventory of land suitable for residential development, including vacant sites and sites having the potential for redevelopment, and an analysis of the relationship of zoning and public facilities and services to these sites (Section 65583(a)(3)). The inventory of land suitable for residential development shall be used to identify sites that can be developed for housing within the planning period (Section 65583.2). Seal Beach has a regional housing need allocation (RHNA) of 57 housing units, of which 22 are for Tower- income households. The City also has identified an unaccommodated need from the previous planning period pursuant to Chapter 614, Statutes of 2005 (AB 1233). To demonstrate the adequacy of the identified site and strategies, the element must include complete analyses: Progress in Meeting the RHNA: The element indicates (page A -10) that two replacement mobilehome units affordable to low- income households have replaced prior units in the current planning period and credits these units towards meeting the RHNA. Pursuant to conversations with staff, these units are in an existing mobilehome park in spaces which have been previously occupied. The element must demonstrate whether the units meet the eligibility requirements under adequate site alternative option, Government Code Section.65583.1(c). Further information can be found in the Building Blocks at http: / /www.hcd.ca.gov /hpd /housing element2 /SIA adegsites.php. • Addressing Unaccommodated Need from the Previous Planning Period (AB 1233): As indicated in the element (page B -1), Seal Beach failed to make adequate sites available to accommodate the regional housing need in the prior planning period and therefore must zone or rezone sites to accommodate any unaccommodated need pursuant to AB 1233. To determine the amount of unaccommodated need from the previous planning period, the element subtracts from the previous RHNA the capacity of sites which were zoned for multifamily use and found suitable for development within the previous planning period and rehabilitation of the Seal Beach Shore Mobile Homes (page B -2). However, to credit rehabilitation of the Seal Beach Shore Mobile Homes, the element must demonstrate that the units meet the eligibility requirements under adequate site alternative option, Government Code Section 65583.1(c). -2- For example, the element could evaluate whether the units qualify under the substantial rehabilitation section of Government Code Section 65583.1(c)(2)(A). Specifically, to credit rehabilitated units, the statute requires the units were found to be unfit for human habitation pursuant to Section 17995.3 of the Health and Safety (H &S) Code and for rehabilitation to have resulted in a net increase in the number of housing units affordable to very low- and lower- income households. Please be aware, to be eligibleto credit units under Government Code Section 65583.1(c), the element must demonstrate the City has met some portion of its share of the regional need for affordable housing, for low- and very low- income households during the current or immediately prior planning period. Further information can be found in the Building Blocks at http: / /www.hcd.ca.aov /hpd /housing element2 /GS reviewandrevise.php and htta: / /www.hcd.ca.gov /hpd /housing element2 /SIA adeasites.Dhp. Please also note, AB 1233 requires the City to zone sufficient sites to accommodate the unaccommodated need from the previous planning period within the first year of the 2008 -2014 planning period. As this timeframe has lapsed, the Department cannot find the element in compliance until the required zoning or rezoning is complete and the element reflects that zoning. Suitability of Non - Vacant Sites: The draft element does not identify any sites with existing zoning allowing residential development to accommodate the City's RHNA. As a result, the element includes Program 2 to rezone sites. While Table B -3 identifies two sites for potential rezoning, only the Rossmoor Center site has the capacity to accommodate the required minimum 16 units pursuant to Government Code Section 65583.2(h). To demonstrate the suitability of the Rossmoor Center site, the element must describe the existing uses sufficiently to demonstrate the potential for redevelopment and evaluate the extent to which existing uses may impede additional residential development. The evaluation should consider development trends, market conditions, and regulatory or other incentives or standards to encourage additional residential development on this site. This analysis is critical in demonstrating the suitability of the Rossmoor site given this is the only site identified in the housing element to accommodate the RHNA for lower - income households. For further information, refer to the Building Blocks at http: / /www.hcd.ca.gov /hpd /housing element2 /SIA zonina.php #nonvancant. Sites with Zoning for a Variety of Housing Tvaes Emergency Shelters: Program 7 proposes to amend the zoning code to permit emergency shelters in the Boeing Specific Plan Zone (page V -5). However, pursuant to Chapter 633, Statutes of 2007 (SB 2), the element must also demonstrate the appropriateness of the identified zone and identify adequate capacity to accommodate at least one year -round emergency shelter. To demonstrate capacity -3- within this zone, the element could include a brief description of the amount and availability (e.g., vacant, re -use potential, etc.) of the identified sites to accommodate an emergency shelter. To assist in addressing this statutory requirement, see the Department's SB 2 technical assistance memo at httD: / /www.hcd.ca.gov /hpd /sb2 memo050708.pdf. 2. Analyze potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures. The analysis shall also demonstrate local efforts to remove governmental constraints That hinder the locality from meeting its share of the regional housing need in accordance with Section 65584 and from meeting the need for housing for persons with disabilities, supportive housing, transitional housing, and emergency shelters identified pursuant to paragraph (7) (Section 65583(a)(5)). Land -Use Controls: While the element lists zoning and development standards in Table 23, it must also include an analysis of the impacts of standards including the cumulative impact on the cost and supply of housing and ability to achieve maximum densities. For example, the element should specifically analyze the two- parking space requirement for studio and one - bedroom multifamily units. Local Processing and Permit Procedures: The element states senior independent living /senior apartments are considered residential care facilities for the elderly (page IV -14). While general multifamily uses are a permitted use in the residential medium and high density zones, senior apartments are permitted only in the professional office, service commercial, and general commercial zones and require a conditional use permit (CUP). Non assisted living senior apartments should be treated as any other multifamily use. As it appears the only differentiating factor is the age restriction, the element should demonstrate how these provisions comply with State and federal Fair Housing Laws (e.g., Government Code Section 65008). Constraints on Persons with Disabilities: The element states Iicensed.residential care facilities for six or fewer persons are only permitted by -right in the RHD zone (page IV -14). According to the H &S Code 1267.8, 1566.3 and 1568.01 local governments must treat residential care facilities for six or fewer residents as single - family uses. The City may not disallow such developments in residential zones where single - family uses are allowed nor require a CUP or variance not required of other family dwellings in the same zone. The City may need to include a program to amend its zoning ordinance to address this .requirement. Additional information and sample analyses are available in the Building Blocks Constraints- Housing for Persons with Disabilities section at http: / /www.hcd.cagov /hpd /housing element2 /CON disabilities.phD. -4. 3. Analyze the opportunities for energy conservation with respect to residential development (Section 65583(a)(8)). The element indicates the City enforces Tit1e24, describes conservation programs of local utilities, and indicates the City adopted a resolution to waive fees for solar installations. However, the analysis should identify opportunities for the City to promote energy conservation in residential development. For example, the element could include incentives to promote higher density housing along transit corridors, encourage green building techniques and materials in new and resale homes, promote energy audits and participation in utility programs, and facilitate energy conserving retrofits upon resale of homes. Planning to maximize energy efficiency and the incorporation of energy conservation and green building features can contribute to reduced housing costs for homeowners and renters, in addition to promoting.sustainable community design and reduced dependence on vehicles. Such planning and development standards can also significantly contribute to reducing greenhouse gases. Additional information on potential programs or policies to address energy conservation objectives and a sample analysis is available in the Building Blocks at http : / /www.hcd.ca.gov /hpd /housing element2 /SIA conservation.php and the Department's Green Building and Sustainability Resources bibliography at http •/ /www.hcd.ca.aov /hpd /green build.pdf. B. Housing Programs 1. Include a program which sets forth a schedule of actions during the planning period, each with a timeline for implementation, which may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element through the administration of land use and development controls, the provision of regulatory concessions and incentives, and the utilization of appropriate federal and state financing and subsidy programs when available. The'program shall include an identification of the agencies and officials responsible for the implementation of the various actions (Section 65583(c)). Programs should be revised for compliance with Government Code Section 65583 in order to ensure the beneficial impacts of the programs within the planning period. To address the program requirements of Government Code Section 65583)(c)(1 -6), and to facilitate implementation, programs should include: (1) a description of the City's specific role in implementation; (2) definitive implementation timelines; (3) objectives, quantified where appropriate; and (4) identification of responsible agencies and officials. The element includes the same programs unchanged from the previous planning period, yet the element acknowledges the programs were not successful. The element should describe how programs could be revised based upon the analysis of what has been learned from the results of the previous element pursuant to Government Code Section 65588(a)(1)). Programs to be revised include, but are not limited to the following: -5- Program 1 b (Land Use Compatibility): Describe how the Program will be implemented. Program 1e (Innovative Land Use and Construction Techniques): Provide specific actions the City will implement to encourage the use of innovative land -use techniques and constructions methods to minimize housing costs. For example, the City could provide flexibility in development standards or siting requirements to minimize costs associated with variance procedures. Program 2b (Affordable Housing Resources): Describe when and how the City will network with non - profit developers and explore new funding opportunities. The City could commit to annual contact with nonprofit housing sponsors to coordinate and implement a strategy for developing housing including assisting with site identification and commit to assist, support or pursue funding applications. Program 2c (Land Write Downs and Assistance with Off Site Improvements): Describe the specific actions the City will take to implement this Program. Program 3b (Mortgage Credit Certificates): The Program could provide timelines for the development and distribution of Program information and quantify the households expected to be assisted. Program 4a (Home improvement Program): Provide specific timeframes for the development and distribution of Program information. 2. identify adequate sites which will be made available through appropriate zoning and development standards and with public services'and facilities needed to facilitate and encourage the development of a variety of types of housing for all income levels, including rental housing, factory-built housing, mobilehomes, and emergency shelters and transitional housing. Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, the program shall provide for sufficient sites with zoning that permits owner - occupied and rental multifamily residential use by right, including density and development standards that could accommodate and facilitate the feasibility of housing for very low- and low - income • households (Section 65583(c)(1)). As noted in Finding A -1, the element identifies a shortfall of sites to accommodate its current RHNA for lower - income households, along with an unaccommodated need from the previous planning period. However, the element does not include a complete site analysis to establish the adequacy of sites and zoning. Based on the result from a complete sites inventory and analysis, the element may need to add or revise programs accordingly. At a minimum, the element should be revised as follows: -6- Program la (Provision of Adequate Sites for New Construction through the General Plan and Zoning 'Ordinance): The proposed timeframe for rezoning is June 2013. Please be aware, rezones must be completed early enough in the planning period for development to occur. Second Units: According to Table B3, the City is estimating the development of three new second units prior to the end of the planning period. However, no second units have been built in the current or previous planning period (page B -8). If utilizing second units to accommodate the City's share of housing needs for Tower- income households, the element must include an analysis supporting the realistic capacity of second units in the planning period. The analysis must be based on the number of units approved in the previous planning period, whether or not units are permitted by- right, the need for the units in the community, the resources or incentives available for their development and any other relevant factors pursuant to Government Code Section 65583.1(a). For example, the City could expand Program lc or add new programs to include resources or incentives encouraging the development of second units. 3. The housing element shall contain programs which assist in the development of adequate housing to meet the needs of extremely low -, very low -, low- and moderate - income households (Section 65583(c)(2)). While the element includes some programs to assist in the development of low- and moderate- income households, pursuant to Chapter 891, Statutes of 2006 (AB 2634), existing programs should either be expanded or new programs added to specifically assist in the development of a variety of housing types to meet the housing needs of extremely low- income (ELI) households. To address this requirement, the element could revise programs to prioritize some funding for the development of housing affordable to ELI households, and /or offer financial incentives or regulatory concessions to encourage the development of housing types, such as multifamily, single -room occupancy units, and supportive housing, which address some of the needs of this income group. 4. The housing element shall contain programs which address, and where appropriate and legally possible, remove governmental constraints to the maintenance, improvement, and development of housing (Section 65583(0)(3)). As noted in Finding A -2, the element requires a complete analysis of potential governmental constraints. Depending upon the results of that analysis, the City may need to revise or add programs and address and remove or mitigate any identified constraints. _7.. C. Public Participation Local governments shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the housing element, and the element shall describe this effort (Section 65583(c)(7)). The element includes a general summary of the public participation process (page 1 -2) and includes a list of organizations notified. However, the element should describe the success of outreach efforts and how the element incorporated public input. The City should continue efforts to achieve public participation including from low- and moderate - income households. For more information and a sample analyses, see the Building Blocks at http: /iwww.hcd.ca.gov /hpd /housing element2 /GS publicparticipation.php. D. Consistent wy ith General Plan The City should also note recent statutory changes to Government Code Section 65302 (Chapter 369, Statutes 207 [AB 162]) which requires amendment of the safety and conservation elements of the General Plan to include analysis and policies regarding flood hazard and management information upon the next revision of the housing element on, or after, January 1, 2009. For additional information, please refer to Department's website at http : / /www.hcd.ca.gov /hpd /hrc /plan /he /ab 162 stat07.pdf. ATTACHMENT "E" Draft Resolution Page 9 PLANNING COMMISSION RESOLUTION NO. 12 -5 A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL ADOPT THE GENERAL PLAN 2008 -2014 HOUSING ELEMENT THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1. The State of California requires every jurisdiction to periodically update its Housing Element to assure the housing needs of the community are provided for. The proposed Housing Element would be for the planning period of 2008 -2014. The 2008 -2014 Housing Element is attached to the accompanying staff report as Attachment B and is hereby incorporated by reference. Section 2. With the assistance of independent consultant John Douglas, AICP, City staff oversaw the preparation of the City's Housing Element, with the ongoing input of the community, the Ad Hoc General Plan /Local Coastal Plan Citizens Advisory Committee, the Planning Commission and the City Council. Adoption of the 2008 -2014 Housing Element will result in a Housing Element that better reflects the desires of the community while also maintaining consistency with current State legislation. Section 3. The Planning Commission conducted a duly noticed public hearing on March 14, 2012. Section 4. Pursuant to the requirements of the California Environmental Quality Act (CEQA), the City completed an initial study to analyze whether the proposed Housing Element would result in any significant impacts. The Initial Study concluded that the Housing Element would not result in any significant impacts on the environment. Thereafter, the Initial Study and Notice of Intent to Adopt a Negative Declaration were completed and circulated for public review, which commenced on March 7, 2012 and will end at 5:00 pm on April 6, 2012. Section 5. On February 14, 2012, the Ad Hoc General Plan /Local Coastal Plan Citizens Advisory Committee considered the revised Draft Housing Element and a matrix showing 26 sites in the City that might accommodate RHNA requirements. The 26 sites are attached hereto as Attachment C. Upon considering the 26 sites, the Committee voted to submit 7 sites for Planning Commission consideration. Section 6. Based upon the foregoing, the Planning Commission recommends that the City Council consider the sites listed on Exhibit A for inclusion into the Housing Element. 1 Section 7. Based upon the foregoing, the Planning Commission hereby recommends that the City Council adopt General Plan Amendment 12 -01, adopting the City's Housing Element dated January 15, 2010 (Attached Exhibit A), in order to further encourage the provision of housing in a manner which adequately serves the needs of all present and future community residents in compliance with State law. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 14th day of March, 2012 by the following vote: AYES: NOES: ABSTAIN: ABSENT: Planning Commission Secretary 2 Sandra Massa - Lavitt, Chairwoman Planning Commission ATTACHMENT "F" Initial Study and Notice of Intent to Adopt a Negative Declaration Page 10 NOTICE OF INTENT TO ADOPT / NOTICE OF AVAILABILITY NEGATIVE DECLARATION This serves as the City of Seal Beach's Notice of Intention to adopt a Negative Declaration for the 2008 -2014 Housing Element, prepared in accordance with the California Environmental Quality Act (CEQA), State CEQA Guidelines and local implementation procedures. PROJECT: 2008 -2014 Seal Beach Housing Element update PROJECT LOCATION: Citywide LEAD AGENCY: City of Seal Beach, 211 Eighth Street, Seal Beach, Califomia 90740. PROJECT APPLICANT: City of Seal Beach, 211 Eighth Street, Seal Beach, Califomia 90740 DESCRIPTION: State law mandates that each city shall include a Housing Element in its General Plan, and that the Housing Element be updated periodically. The Housing Element is required to analyze existing and projected housing needs, and include goals, policies, quantified objectives, and scheduled programs for the preservation, improvement, and development of housing. The proposed Housing Element covers the 2008 -2014 planning period. (Please see Initial Study for additional information) NOTICE IS HEREBY GIVEN THAT the City of Seal Beach proposes to adopt a Negative Declaration for the above -cited project. The Negative Declaration is based on the finding that adoption of the Housing Element will not have a significant adverse effect on the environment. Copies of the Negative Declaration (ND) and supporting materials are available for review during the Public Comment Period (March 7, 2012 through April 6, 2012) at the following additional locations: 1. City of Seal Beach Development Services Dept., 211 Eighth Street, Seal Beach, California 90740. 2. Mary Wilson Library, 707 Electric Avenue, Seal Beach, CA 90740 3. Rossmoor /Los Alamitos Library, 12700 Montecito Drive, Seal Beach, CA 90740 4. Leisure World Library (Leisure World residents only), 2300 Beverly Manor Road, Seal Beach, CA 90740 Written comments on the ND must be submitted by 5:00 p.m. on Friday, April 6, 2012 to: Jerry Olivera, Senior Planner, City of Seal Beach, 211 Eighth Street, Seal Beach, Califomia 90740. Comments may also be faxed to 562 -430 -8763 or sent by e-mail to JOlivera a(�,sealbeachca.gov PUBLIC MEETINGS: Date: March 7, 2012 Seal Beach Planning Commission hearing Wednesday, March 14, 2012 at 7:30 PM 211 Eighth Street, Seal Beach (City Council Chambers) Seal Beach City Council hearing Monday April 9, 2012 at 6:30 PM 211 Eighth Street, Seal Beach (City Council Chambers) OLt i J POSTED 1448 0 7 2012 TOM DALY, CLERK-RECORDER By DEPUTY City of Seal Beach Development Services Department 211 Eighth St., Seal Beach, CA 90740 ENVIRONMENTAL CHECKLIST FORM AND ENVIRONMENTAL DETERMINATION Project Title: 2008 -2014 Seal Beach General Plan Housing Element Update Lead Agency Name & City of Seal Beach Address: Development Services Department 211 Eighth St., Seal Beach, CA 90740 Contact Person & Phone No.: City Manager Jill R. Ingram • 562.431.2527 Project Location /Address: City of Seal Beach, California (Citywide) Nearest Cross Street: NA (Citywide) APN: NA (Citywide) Project Sponsor's Name & City of Seal Beach Address: Development Services Department 211 Eighth St., Seal Beach, CA 90740 General Plan Designation: NA (Citywide) Zoning: NA (Citywide) Overlay Zone /Special District: NA (Citywide) Project Description and Requested Action: (Describe the whole action involved, including but not limited to later phases of the project, and any secondary, support, or off -site features necessary for its implementation. Attach additional sheets if necessary) California Government Code Section 65302(c) mandates that each city shall include a Housing Element in its General Plan. The Housing Element is required to identify and analyze existing and projected housing needs, and include statements of the City's goals, policies, quantified objectives, and scheduled programs for the preservation, improvement, and development of housing. The City, in adopting its Housing Element, must consider economic, environmental, and fiscal factors, as well as community goals as set forth in the General Plan, in compliance with California Government Code Section 65580 et seq. This Initial Study evaluates the potential environmental impacts that would be expected to result from adoption of the Housing Element and, to the extent they can be foreseen at this time, any related zoning amendments and conforming General Plan amendments. Where specific zoning and General Plan element changes are proposed, subsequent CEQA analysis will be conducted and project design features and /or mitigation measures will be identified to reduce any potential impacts. The Regional Housing Needs Assessment (RHNA), presented in Table 11-23 of the draft Housing Element, identifies Seal Beach's "fair share" of the regional housing need for the planning period July 2006 through June 2014 as 57 units. This total includes 11 very-low income units, 10 low- income units, 12 moderate- income units, and 24 above - moderate units. In addition to this RHNA allocation for the current planning period, the City has a carryover of 32 lower- income units from the prior planning period (see Appendix B). State law requires the City to demonstrate that it has adequate sites that are appropriately zoned to accommodate the need for the various types of housing units identified in the RHNA plus the carryover. Because there are no appropriately zoned sites that could accommodate the amount of lower- income housin• identified in the RHNA, the Ci is re•uired to rezone •ro•erties with ca•aci for at least 53 City of Seal Beach Housing Element Initial Study Page 1 units to allow multi - family housing by -right (i.e., without a discretionary permit) with a minimum density of 20 units /acre. Program 1a in the Housing Plan (Chapter V) includes a commitment to amend the zoning regulations on parcel(s) totaling at least 1.7 acres to allow multi - family residential development at a base density of 33 units /acre. Rezoned parcels must accommodate at least 16 housing units per site. To maintain consistency between the Housing Element, other General Plan Elements and the Zoning Ordinance, a corresponding amendment to the General Plan will also likely be required at a later date. No specific sites for rezoning or development projects are currently proposed in connection with the Housing Element. The Housing Element proposes the following programs in addition to Program la: 1d. Emergency Shelters and Transitional /Supportive Housing. An amendment to the Zoning Code in conformance with SB 2 to establish development standards for emergency shelters and transitional/ supportive housing within one year of Housing Element adoption. 3d. Single Room Occupancies ( "SROs "). The City intends to process a Zoning Code amendment in 2012 to establish regulations for SRO facilities. 3f. Off - Street Parking. The City intends to process a Zoning Code amendment in 2012 to reduce off - street parking requirements for the construction of small apartment units reserved for low or moderate households 5d. Residential Care Facilities. To conform with state law, the City intends to process a Municipal Code amendment to clarify that small state - licensed residential care facilities for six or fewer persons are treated as a single - family residential use. 5e. Senior Apartments and Independent Living Facilities. The City intends to process a Zoning Code amendment in 2012 to modify the zoning regulations for senior apartments and independent living facilities. These programs are intended to improve the quality of the City's housing stock, conserve existing neighborhoods, increase housing affordability, and remove potential constraints to housing for persons with special needs. The zoning amendments described in Programs 1d (Transitional and Supportive Housing), 5d (Residential Care Facilities), and 5e (Senior Apartments and Independent Living Facilities) are already required by state law, would not alter the physical nature of development, would not have a significant effect on the environment, and therefore are not analyzed further in this document. Zoning amendments described in Program 1d (Emergency Shelters) would allow these facilities in the Boeing Specific Plan zone. The development standards for these facilities have not yet been established; however, it is anticipated that standards regulating maximum occupancy, staffing, lighting, parking, building size and location, landscaping and provision of infrastructure will be established. No significant environmental impacts are foreseen at this time and this program is not analyzed further in this document. Prior to adoption of any new zoning regulations for emergency shelters, subsequent CEQA review will be conducted to identify potential impacts and mitigation measures, where necessary. Zoning amendments described in Program 3d (SROs) would add a definition and development standards for this type of use. It is anticipated that SRO developments would be subject to the same building intensity standards as currently exist in the applicable zones. Prior to adoption of any new zoning regulations for SROs, subsequent CEQA review will be conducted to identify potential impacts and mitigation measures, where necessary. Program 3f (Off- Street Parking) would allow a reduction in required on -site parking spaces for projects that provide affordable housing. This change is intended to implement state density bonus law and would apply to affordable and senior housing projects, which require less parking than conventional residential projects. No significant impacts would occur as a result of this change, and therefore this program is not analyzed further in this document. City of Seal Beach Housing Element Initial Study Page 2 City of Seal Beach Housing Element Initial Study Page 3 Existing Conditions of the Project Site: Seal Beach encompasses 11.4 square miles in northwestern Orange County south of Long Beach (in Los Angeles County) and north of Huntington Beach (see Figure 11-1). Incorporated in 1915 primarily as a farming community, the City has grown while still maintaining its small town atmosphere. The population of the City remained relatively stable from 1915 to 1944 with little more than 1,000 residents. However in 1944 the U S Navy acquired half of the City to construct the Naval Weapons Station bringing new residents to Seal Beach. The population increased to more than 7,000 persons in 1954 with the development of the Marina Hill subdivision. The largest population increase occurred with the development of the Leisure World retirement community beginning in 1962, which currently houses more than 9,000 senior residents. The 2010 population of the city was estimated at 24,168. Demographic characteristics of the Seal Beach have also remained relatively stable over the past three decades. With the presence of Leisure World and many condominium developments catering to retired persons the City has a large number of elderly households. The City's prime beachfront location appeals to the affluent, both working and retired. Property values in Seal Beach increased as the City has become increasingly built out. Newcomers to the City who can afford high housing costs tend to be those of upper incomes or retired persons with substantial assets. However the City also has long -time residents who purchased their homes many years ago when real estate was still affordable. Many of these long -time residents may have difficulty in maintaining their homes. The housing stock in Seal Beach consists of a mix of single - family and multi - family units with one mobile home park. Though a majority of the housing units are more than 40 years of age, housing is generally in good condition with the exception of some older beach areas and some units in the mobile home park. Surrounding Land Uses and Setting: (Briefly describe the project's surrounding) NA (Citywide) Other public agencies whose approval is required: (e.g., permits, financing approval, or participation agreement) No other agency is required to approve the Housing Element update, but it will be reviewed by the California Department of Housing and Community Development for the purpose of determining whether it complies with the requirements of the Housing Element Law. City of Seal Beach Housing Element Initial Study Page 3 ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a 'Potentially Significant Impact' as indicated by the checklist on the following pages: ❑ Aesthetics ❑ Land Use / Planning ❑ Agriculture and Forestry Resources ❑ Mineral Resources ❑ Air Quality ❑ Noise ❑ Biological Resources ❑ Population / Housing ❑ Cultural Resources ❑ Public Services ❑ Geology /Soils ❑ Recreation ❑ Greenhouse Gas Emissions ❑ Transportation/Traffic ❑ Hazards & Hazardous Materials ❑ Utilities / Service Systems ❑ Hydrology / Water Quality ❑ Mandatory Findings of Significance ENVIRONMENTAL DETERMINATION: On the basis of this initial evaluation: • I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ❑ 1 find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a 'potentially significant impact' or 'potentially significant unless mitigated' impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. Jerry Olivera Senior Planner Name Title ' --- March 7, 2012 Date City of Seal Beach Housing Element Initial Study Page 4 EVALUATION OF ENVIRONMENTAL IMPACTS: Potentially Significant Impact Potentially Significant Impact Unless Mitigation Incorporated Less Than Significant Impact No Impact I. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial Tight or glare which would adversely affect day or nighttime views in the area? Responses: ❑ ❑ ❑ ❑ ❑ ❑ The Housing Element is a policy document that would not change land use designations or authorize any development. While the City is required by state law to amend land use regulations to accommodate its allocated share of regional housing needs and special needs housing such as emergency shelters and SROs, the site(s) to be rezoned and applicable development standards have not yet been identified. Subsequent to the adoption of the Housing Element, zoning amendments and CEQA review will be processed and appropriate conditions and mitigation measures will be established at that time. At this time, the City cannot predict the location of these sites, and thus any analysis would be based on premature speculation. Mitigation Measure(s): None necessary at this time. II. AGRICULTURE RESOURCES AND FOREST RESOURCES: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non - agricultural use? ❑ ❑ ❑ b) Conflict with existing zoning for agricultural use, or a ❑ ❑ ❑ Williamson Act contract? c) Conflict with existing zoning for, or cause rezoning of, ❑ ❑ ❑ forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? d) Result in the Toss of forest land or conversion of forest land ❑ ❑ ❑ to non - forest use? e) Involve other changes in the existing environment which, ❑ ❑ ❑ due to their location or nature, could result in conversion of Farmland, to non - agricultural use or conversion of forest land to non - forest use? City of Seal Beach Housing Element Initial Study Page 5 EVALUATION OF ENVIRONMENTAL IMPACTS: Potentially Significant Impact Potentially Significant Impact Unless Mitigation Incorporated Less Than Significant Impact No Impact Res•onses: There are no farmland or forest resources in the city and no impacts would occur. Mitigation Measure(s): None required. III. AIR QUALITY -- Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the • ro'ect: a) Conflict with or obstruct implementation of the applicable ❑ ❑ ❑ 0 air quality plan? b) Violate any air quality standard or contribute substantially ❑ ❑ ❑ 0 to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any ❑ ❑ ❑ L criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant ❑ ❑ ❑ @ concentrations? e) Create objectionable odors affecting a substantial number ❑ ❑ ❑ 0 of people? Responses: The Housing Element is a policy document that would not change land use designations or authorize any development. While the City is required by state law to amend land use regulations to accommodate its allocated share of regional housing needs and special needs housing such as emergency shelters and SROs, the site(s) to be rezoned and applicable development standards have not yet been identified. Subsequent to the adoption of the Housing Element, zoning amendments and CEQA review will be processed and appropriate conditions and mitigation measures will be established at that time. At this time, the City cannot predict the location of these sites, and thus any analysis would be based on premature speculation. Mitigation Measure(s): None required at this time. IV. BIOLOGICAL RESOURCES -- Would the project: a) Have a substantial adverse effect, either directly or through ❑ ❑ ❑ ■ habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or ❑ ❑ ❑ r other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? City of Seal Beach Housing Element Initial Study Page 6 EVALUATION OF ENVIRONMENTAL IMPACTS: Potentially Significant Impact Potentially Significant Impact Unless Mitigation Incorporated Less Than Significant Impact No Impact c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) ❑ ❑ ❑ ❑ ❑ ❑ El ❑ ❑ ❑ El ❑ ❑ El Conflict with the provisions of an adopted Habitat ❑ Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Responses: The Housing Element is a policy document that would not change land use designations or authorize any development. While the City is required by state law to amend land use regulations to accommodate its allocated share of regional housing needs and special needs housing such as emergency shelters and SROs, the site(s) to be rezoned and applicable development standards have not yet been identified. Subsequent to the adoption of the Housing Element, zoning amendments and CEQA review will be processed and appropriate conditions and mitigation measures will be established at that time. At this time, the City cannot predict the location of these sites, and thus any analysis would be based on premature speculation. Mitigation Measure(s): None required at this time. V. CULTURAL RESOURCES -- Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? ❑ ❑ ❑ El ❑ ❑ ❑ El ❑ ❑ ❑ El ❑ ❑ ❑ El Responses: The Housing Element is a policy document that would not change land use designations or authorize any development. While the City is required by state law to amend land use regulations to accommodate its allocated share of regional housing needs and special needs housing such as emergency shelters and SROs, the site(s) to be rezoned and applicable development standards have not yet been identified. Subsequent to the adoption of the Housing Element, zoning amendments and CEQA review will be processed and appropriate conditions and mitigation measures will be established at that time. At this time, the City cannot predict the location of these sites, and thus any analysis would be based on premature speculation. Mitigation Measure(s): None required at this time. City of Seal Beach Housing Element Initial Study Page 7 EVALUATION OF ENVIRONMENTAL IMPACTS: Potentially Significant Impact Potentially Significant Impact Unless Mitigation Incorporated Less Than Significant Impact No Impact VI. GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist - Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic - related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18 -1 -B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? Responses: ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ IZI ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ The Housing Element is a policy document that would not change land use designations or authorize any development. While the City is required by state law to amend land use regulations to accommodate its allocated share of regional housing needs and special needs housing such as emergency shelters and SROs, the site(s) to be rezoned and applicable development standards have not yet been identified. Subsequent to the adoption of the Housing Element, zoning amendments and CEQA review will be processed and appropriate conditions and mitigation measures will be established at that time. At this time, the City cannot predict the location of these sites, and thus any analysis would be based on premature speculation. Mitigation Measure(s): None required at this time. VII. GREENHOUSE GAS EMISSIONS - -Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? City of Seal Beach Housing Element Initial Study ❑ ❑ ❑ Page 8 EVALUATION OF ENVIRONMENTAL IMPACTS: Potentially Significant Impact Potentially Significant Impact Unless Mitigation Incorporated Less Than Significant Impact No Impact Responses: The Housing Element is a policy document that would not change land use designations or authorize any development. While the City is required by state law to amend land use regulations to accommodate its allocated share of regional housing needs and special needs housing such as emergency shelters and SROs, the site(s) to be rezoned and applicable development standards have not yet been identified. Subsequent to the adoption of the Housing Element, zoning amendments and CEQA review will be processed and appropriate conditions and mitigation measures will be established at that time. At this time, the City cannot predict the location of these sites, and thus any analysis would be based on premature speculation. Mitigation Measure(s): None required at this time. VIII. HAZARDS AND HAZARDOUS MATERIALS - -Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one - quarter mile of an existing or proposed school ?? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? Responses: ❑ ❑ ❑ ❑ ❑ ❑ El ❑ ❑ ❑ III 111 III IZ ❑ ❑ ❑ IZ ❑ ❑ ❑ ❑ ❑ ❑ (a -c) Neither adoption of the Housing Element nor subsequent residential developments would affect transport of hazardous materials. However, hazardous materials are routinely used and transported on major highways traversing the city. Therefore, future residents, workers, and visitors of this area could be exposed to hazards from spills associated with transport of hazardous materials, although to no greater degree than that associated with housing projects in many urban areas; a hazardous waste incident is a rare event and cannot be predicted, and is City of Seal Beach Housing Element Initial Study Page 9 EVALUATION OF ENVIRONMENTAL IMPACTS: Potentially Significant Impact Potentially Significant Impact Unless Mitigation Incorporated Less Than Significant Impact No Impact therefore not significant. Households may use and dispose of small quantities of hazardous wastes typical of household use in small multi - family housing developments throughout the state; this is not deemed to be a significant public health hazard at the scale of potential development associated with the project. No significant impacts would occur and no mitigation measures are necessary at this time. (d) There are no sites in Seal Beach listed on the Cortese list of hazardous material sites. No impacts would occur. (e -f) The Los Alamitos Joint Forces Training Base (JFTB) is a military installation and airfield located immediately north of the City corporate limits, and is located approximately 3.7 miles from the northernmost portion of the project site. Based on Figure S -1, Los Alamitos Impact Zones, Joint Forces Training Base, of the General Plan, the project site is not located within an impact zone. No impacts would occur pertaining to the creation of a safety hazard for people residing or working in the project area. No further analysis of this issue is required. (g) The Housing Element is a policy document that would not change land use designations or authorize any development. While the City is required by state law to amend land use regulations to accommodate its allocated share of regional housing needs and special needs housing such as emergency shelters and SROs, the site(s) to be rezoned and applicable development standards have not yet been identified. Subsequent to the adoption of the Housing Element, zoning amendments and CEQA review will be processed and appropriate conditions and mitigation measures will be established at that time. At this time, the City cannot predict the location of these sites, and thus any analysis would be based on premature speculation. (h) There are no wildland fire hazard areas in the city. No impacts would occur and no mitigation measures are required. Mitigation Measure(s): None are required at this time. IX. HYDROLOGY AND WATER QUALITY -- Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre- existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off -site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? City of Seal Beach Housing Element Initial Study ❑ ❑ ® ❑ ❑ ❑ ® ❑ ❑ ❑ ® ❑ Page 10 EVALUATION OF ENVIRONMENTAL IMPACTS: Potentially Significant Impact Potentially Significant Impact Unless Mitigation Incorporated Less Than Significant Impact No Impact g) Place housing within a 100 -year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100 -year flood hazard area structures which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? Responses: ❑ ❑ ® ❑ ❑ ❑ ® ❑ ❑ ❑ ® ❑ ❑ ❑ ® ❑ (a) New development could impact water quality through runoff and wastewater discharge. However, all future developments will be required to comply with federal, state and local water quality requirements such as the Clean Water Act and the National Pollutant Discharge Elimination System (NPDES) program. As part of the City's development review process, future development projects will be required to prepare water quality plans and /or incorporate "Best Management Practices" (BMPs) into their construction operations to reduce erosion, siltation and water pollution both during and after construction. Compliance with these regulations would be expected to reduce water quality impacts to a level that is less than significant. No mitigation measures are necessary at this time. (b) If new residential development were to occur on vacant land, an increase in the amount of impervious surfaces could affect the rate of groundwater recharge. However, due to the limited amount of land affected (1.7 acres), future development would not substantially reduce groundwater recharge or deplete groundwater supplies. No new significant impacts would occur and no mitigation measures are necessary at this time. (c -f) The Housing Element is a policy document that would not change land use designations or authorize any development. While the City is required by state law to amend land use regulations to accommodate its allocated share of regional housing needs and special needs housing such as emergency shelters and SROs, the site(s) to be rezoned and applicable development standards have not yet been identified. Subsequent to the adoption of the Housing Element, zoning amendments and CEQA review will be processed and appropriate conditions and mitigation measures will be established at that time. At this time, the City cannot predict the location of these sites, and thus any analysis would be based on premature speculation. Residential development could result in modification of existing drainage patterns through grading and construction of homes and internal circulation. However, prior to development, applicants will be required to prepare storm water plans, demonstrate adequate storm water drainage facilities, and retain stormwater onsite in compliance with the City's Grading and Building Codes. Compliance with existing regulations would reduce potential impacts to a level that is Tess than significant and no mitigation measures are necessary at this time. (g -i) Existing regulations preclude residential development within 100 -year flood hazard areas, therefore any future residential projects would be required to avoid such areas. Therefore no significant impacts would be expected. However, when subsequent zone changes or developments are proposed, site - specific CEQA analysis will be required and appropriate design features and /or mitigation measures may be established. (j) Seal Beach is a beachfront city, and future residential development sites could be affected by tsunamis. The City's Emergency Operations Plan (EOP) describes how the City would respond in the event of a tsunami. Emergencies that are preceded by a recognized buildup period allow for advance warning to those impacted areas and population groups. Timely warning and information broadcasts are important to citizens' ability to help themselves, and for their evacuation. Emergencies generally occur without advance warning, and therefore require prompt mobilization and commitment of the emergency organization after the onset of the emergency. During or following local emergencies, the City is the first agency involved. If the emergency is so large that the City's resources are inadequate or exhausted, assistance would be requested of, and provided by, nearby jurisdictions through mutual aid agreements. Neighborhood groups can assist the City by conducting first aid and search and City of Seal Beach Housing Element Initial Study Page 11 EVALUATION OF ENVIRONMENTAL IMPACTS: Potentially Significant Impact Potentially Significant Impact Unless Mitigation Incorporated Less Than Significant Impact No Impact rescue operations in times of large disasters. When mutual aid systems are not sufficient for the disaster task, the County requests assistance from the State. The Governor's Office of Emergency Services (OES) coordinates regional emergency response and disaster assistance. The State may also request aid from the Federal government in the form of a Presidential Disaster Declaration. FEMA then provides disaster assistance, temporary housing assistance, and recovery funds after a Presidential Disaster Declaration. Implementation of the City's EOP would result in less than significant impacts associated with inundation by a tsunami. Mitigation Measure(s): None required at this time. X. LAND USE AND PLANNING - Would the project: a) Physically divide an established community? ❑ ❑ ❑ @ b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? p ses: Res on ❑ ❑ ❑ ►� ❑ ❑ ❑ 1 (a -b) The Housing Element is a policy document that would not change land use designations or authorize any development. While the City is required by state law to amend land use regulations to accommodate its allocated share of regional housing needs and special needs housing such as emergency shelters and SROs, the site(s) to be rezoned and applicable development standards have not yet been identified. Subsequent to the adoption of the Housing Element, zoning amendments and CEQA review will be processed and appropriate conditions and mitigation measures will be established at that time. At this time, the City cannot predict the location of these sites, and thus any analysis would be based on premature speculation. (c) There are no habitat conservation plan or NCCP areas within the city. No impacts would occur and no mitigation measures are necessary. Mitigation Measure(s): None required at this time. XI. MINERAL RESOURCES -- Would the project: a) Result in the loss of availability of a known mineral ❑ ❑ ❑ /1 resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally - important ❑ ❑ ❑ // mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Responses: There are no mineral resources or recovery areas designated mitigation measures are necessary. within the city. No impacts would occur and no Mitigation Measure(s): None required. City of Seal Beach Housing Element Initial Study Page 12 EVALUATION OF ENVIRONMENTAL IMPACTS: Potentially Significant Impact Potentially Significant Impact Unless Mitigation Incorporated Less Than Significant Impact No Impact XII. NOISE - -Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? Responses: ❑ ❑ ❑ El ❑ ❑ ❑ El ❑ ❑ ❑ El ❑ ❑ ❑ El ❑ ❑ ❑ El ❑ ❑ ❑ (a -d) The Housing Element is a policy document that would not change land use designations or authorize any development. While the City is required by state law to amend land use regulations to accommodate its allocated share of regional housing needs and special needs housing such as emergency shelters and SROs, the site(s) to be rezoned and applicable development standards have not yet been identified. Subsequent to the adoption of the Housing Element, zoning amendments and CEQA review will be processed and appropriate conditions and mitigation measures will be established at that time. At this time, the City cannot predict the location of these sites, and thus any analysis would be based on premature speculation. (e -f) The Los Alamitos Joint Forces Training Base (JFTB) is located near the northeastern portion of the city. According to Figure N -5, Existing CNEL Noise Contours, of the General Plan Noise Element, some portions of the city are located within the 65 CNEL noise contour of the JFTB. Adoption of the Housing Element would not authorize any new development; however, prior to approval of any zone change anticipated in the Housing Element, the designated site(s) will be evaluated for potential impacts from aircraft noise and if necessary, mitigation measures will be required. Mitigation Measure(s): None required at this time. XIII. POPULATION AND HOUSING -- Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? City of Seal Beach Housing Element Initial Study ❑ ❑ ❑ El ❑ ❑ ❑ Page 13 EVALUATION OF ENVIRONMENTAL IMPACTS: Potentially Significant Impact Potentially Significant Impact Unless Mitigation Incorporated Less Than Significant Impact No Impact c) Displace substantial numbers of people, necessitating the ❑ ❑ ❑ ro construction of replacement housing elsewhere? Res • onses: The proposed zoning amendments anticipated in the Housing Element would induce population growth by allowing 53 additional housing units within the city. This change is necessitated by the State law and is consistent with the regional growth forecast in the Regional Housing Needs Assessment. The sites to be designated for housing have not been determined at this time, but development of any of the potential sites identified in the Housing Element would not displace existing homes or substantial numbers of people necessitating the construction of replacement housing elsewhere. Residential development consistent with the Housing Element would in fact ensure that all housing needs are adequately accommodated. No significant impacts would occur and no mitigation measures are necessary in connection with the Housing Element amendment. Mitigation Measure(s): None required at this time. XIV. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? ❑ ❑ ❑ @ Police protection? ❑ ❑ ❑ Imo/ Schools? ❑ ❑ ❑ 1 Parks? ❑ ❑ ❑ II Other public facilities? ❑ ❑ ❑ .1 Res • onses: The proposed Housing Element amendment would not authorize any new development, therefore no impacts to public services would occur. Future zoning amendments would allow development of 53 additional housing units on sites that have not yet been determined. While no significant impacts on demand for fire, police, parks or other public services would be expected due to this incremental increase in population, this issue will be examined further prior to approval of any zone change to allow additional residential development. Mitigation Measure(s): None required at this time. XV. RECREATION a) Would the project increase the use of existing ❑ ❑ 1 ❑ neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the ❑ ❑ r ❑ construction or expansion of recreational facilities which might have an adverse physical effect on the environment? Res•onse: Adoption of the Housing Element amendment would not authorize any new development, therefore no increase in use of parks or recreational facilities would occur. However, an increase of 53 housing units would be accommodated by future zoning amendments, which may result in an increase in public use of the beach, parks and other recreational facilities. This incremental increase is not considered to be substantial, and would not result in si•nificant • h sical deterioration of such facilities. Quimb Act •ark fees •aid b new residential develo•ments are City of Seal Beach Housing Element Initial Study Page 14 EVALUATION OF ENVIRONMENTAL IMPACTS: Potentially Significant Impact Potentially Significant Impact Unless Mitigation Incorporated Less Than Significant Impact No Impact used to acquire and /or improve park facilities, which would help reduce any impact of additional residents. Mitigation Measure(s): None required. XVI. TRANSPORTATION/TRAFFIC -- Would the project: a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulating system, taking into account all modes of transportation including mass transit and non - motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? b) Conflict with an applicable congestion management program, including but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? ❑ ❑ ❑ ❑ ❑ ❑ c) Result in a change in air traffic patterns, including either an ❑ ❑ ❑ increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature ❑ ❑ ❑ (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? ❑ ❑ ❑ f) Conflict with adopted policies, plans, or programs regarding ❑ ❑ ❑ public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? Reson p ses: (a -b) The Housing Element is a policy document that would not change land use designations or authorize any development. While the City is required by state law to amend land use regulations to accommodate its allocated share of regional housing needs and special needs housing such as emergency shelters and SROs, the site(s) to be rezoned and applicable development standards have not yet been identified. Subsequent to the adoption of the Housing Element, zoning amendments and CEQA review will be processed and appropriate conditions and mitigation measures will be established at that time. At this time, the City cannot predict the location of these sites, and thus any analysis would be based on premature speculation. (c) No change in air traffic patterns would occur as part of the proposed Housing Element, or subsequent amendments to allow development of 53 additional housing units. (d -f) The Housing Element is a policy document that would not change land use designations or authorize any development. While the City is required by state law to amend land use regulations to accommodate its allocated share of regional housing needs and special needs housing such as emergency shelters and SROs, the site(s) to be rezoned and applicable development standards have not yet been identified. Subsequent to the adoption of the Housing Element, zoning amendments and CEQA review will be processed and appropriate conditions and mitigation measures will be established at that time. At this time, the City cannot predict the location of these sites, and thus any analysis would be based on premature speculation. City of Seal Beach Housing Element Initial Study Page 15 EVALUATION OF ENVIRONMENTAL IMPACTS: Potentially Significant Impact Potentially Significant Impact Unless Mitigation Incorporated Less Than Significant Impact No Impact Mitigation Measure(s): None required at this time. XVII. UTILITIES AND SERVICE SYSTEMS - -Would the project: a) Exceed wastewater treatment requirements of the ❑ ❑ ❑ 1 applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or ❑ ❑ ❑ r wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water ❑ ❑ ❑ L drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project ❑ ❑ ❑ /1 from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment ❑ ❑ ❑ ►I provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to ❑ ❑ ❑ 0 accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and ❑ ❑ ❑ r regulations related to solid waste? Responses: The Housing Element is a policy document that would not change land use designations or authorize any development. While the City is required by state law to amend land use regulations to accommodate its allocated share of regional housing needs and special needs housing such as emergency shelters and SROs, the site(s) to be rezoned and applicable development standards have not yet been identified. Subsequent to the adoption of the Housing Element, zoning amendments and CEQA review will be processed and appropriate conditions and mitigation measures will be established at that time. At this time, the City cannot predict the location of these sites, and thus any analysis would be based on premature speculation. Mitigation Measure(s): None required at this time. XVIII. MANDATORY FINDINGS OF SIGNIFICANCE — a) Does the project have the potential to degrade the quality ❑ ❑ ❑ L of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? City of Seal Beach Housing Element Initial Study Page 16 EVALUATION OF ENVIRONMENTAL IMPACTS: Potentially Significant Impact Potentially Significant Impact Unless Mitigation Incorporated Less Than Significant Impact No Impact b) Does the project have impacts that are individually limited, but cumulatively considerable? ('Cumulatively considerable' means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? Responses: ❑ ❑ ❑ ❑ ❑ ❑ Under state law, each jurisdiction is required to adopt a Housing Element that, among other things, identifies how the jurisdiction's fair share of regional housing growth needs will be accommodated. The fair share of new housing need assigned to Seal Beach through the Regional Housing Needs Assessment requires that the City amend its zoning regulations to allow 53 additional multi - family units for the current planning period. While the Housing Element includes a program commitment to amend land use regulations to accommodate 53 units, the parcels to be rezoned have not yet been identified. As a result, no new development would be authorized by the Housing Element and the site - specific environmental impacts associated with this additional housing development cannot be determined at this time. When specific zone changes and conforming General Plan Amendments are proposed, subsequent CEQA analysis will be conducted and project design features and /or mitigation measures will be identified to reduce any potential impacts. No significant environmental impacts would result from adoption of the Housing Element. REFERENCES: City of Seal Beach, Draft 2008 -2014 Housing Element, March 2012 City of Seal Beach, General Plan, 2003 City Seal Beach, Municipal Code. City of Seal Beach Housing Element Initial Study Page 17 LIST OF PREPARERS: Environmental Consultant: J.H. Douglas & Associates John Douglas, AICP Principal City of Seal Beach Housing Element Initial Study Page 18