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AdHoc GP-LCP Agenda 2012-02-14
MEETING AGENDA City of Seal Beach Ad Hoc Local Coastal Program & General Plan Citizens Advisory Committee February 14, 2012 @ 6:00 PM 1 City Council Chambers Call Meeting to Order / Roll Call 2. Review and discussion of potential affordable housing sites a. Maps b. Assessment Matrix 3. Kennedy Commission letter — December 12, 2011 4. State Department of Housing & Community Development letter — December 16, 2011 5. Brain Storming/ Committee Member Comments 6. Public Comment - Members of the public may address the Committee on any matters related to the Housing Element or Local Coastal Program 7. Adjournment to March 13, 2012 at 6:00 PM Note: The Local Coastal Program will not be discussed at the February meeting. To: Ad Hoc General Plan /LCP Committee Members MEMORANDUM From: Mark H. Persico, AICP, Director of Development Services Date: February 14, 2012 Subject: Potential Sites Analysis 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 never adopted a Housing Element during the last housing cycle, however, we may need to address the RHNA "carryover " from that cycle. We will know more after the State reviews the draft Housing Element. On May 10, 2011, the Committee brainstormed a series of 17 potential housing sites that could be designated to address the City's Regional Housing Needs Assessment (RHNA) before settling on two sites: southeast corner of PCH and Seal Beach Blvd, and the Shops at Rossmoor as potential affordable housing sites. A third site was selected — the Boeing Specific Plan — as a potential emergency shelter site. Staff has identified additional affordable sites for the Committee's consideration. 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O m m n 'O O (DD 7 Q C _y 3 CQ CO 9 y 7 C r d I %m £ E E E /3 2 / f & E \ t � CN o m - 2 \ CL [ - CL m k� 7) ■ �� ■ � 2. = m = . g / § £ E -- q 2 o c © • m o ° % % £ § _ \ (D § 2ƒ$ \ ƒ0/ � /$3_0 2 / ± £5f P G o cN dam\ E � � $ k ¢ $ m / 6 m STATE .OF CALIFORNIA - BUSINESS- TRANSPORTATION AND-HOUSING AGENCY FOMUNp G �(�yyN JR_. Gove�QE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF HOUSING POLICY DEVELOPMENT 1840 Third Street, Suito 430 61 P. O. Box 952053 Sacramento, CA 94252.2053 (916) 323 -31771 FAX (918) 327 -2643 w— www.hr-d,ca.gov City of Seal beach December 16, 2091 DEC. 19 211 Department of Mr. Mark Persico nt,•.: ir,i,:,�c:nt a;c, :"ricps Director of Development Services City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 Dear Mr. Persico.: 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 addition, 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 14.6 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 Agenda Item #4 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.noy /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 Depar'tment's latest technical assistance tool Building Blocks for Effective Housing Elements (Building Blocks) available at www.hcd.ca..qov/hpd/housing , element2 /index.php, the Government Code addressing State housing element law and other resources, A. Housing Needs, Resources, and Constraints 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)j. 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 lower- income households. The City also has identified an unaccommodated need from the previous planning period pursuant to Chapter 614, Statutes of 2045 (AB 1233). To demonstrate the adequacy of the identified site and strategies, the element must include complete analyses: Prog Tess 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). 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 eligible to 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:flwww.hcd.ca.gov /hpd /housing elernent21GS reyiewandrevise. hap and http:I /www.hcd.ca.gav /hpd /housing elernent2 /SIA adeasites.php. 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. Far further information, refer to the Building Blocks at http : / /www.hcd.ca.gov /hr)d /housinq element2 /SIA zoninq,oh0nonvancant. Sites with Zonina for a Varietv of Housina Tvoes 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 http: / /www.hed.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 sham of the regional housing need in accordance with Section 65584 and from rrreeting 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 28, 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 licensed 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.ca.-gov /hpd /housing element2 /CON disabilities.php. -4- 3. Analyze the opportunities for energy conservation with respect to residential development (Section 65583(a)(8)j. The element indicates the City enforces Title 24, 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 elernenWSIA conservation. ph and the Department's Green Building and Sustainability Resources bibliography at http: / /www.hcd.ca.gov /hpd /creen 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 )j. 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: .5j. Program lb (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: 111 Program 1a (Provision~ of Adequate Sites for New Construction through the General Plan and Zoninc q Ordinance): The proposed timeframe for rezoning is June 2 013.T 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 lower- 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 1 c 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 65563(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(c)(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 Stocks at httl/www.hcd.ca .gov /hpd / housing element2 /GS publicparticipation . php, D. Consistency with 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.