HomeMy WebLinkAboutEmailed Comment from The Kennedy Commission Execuitive Director Cesar CovarrubiasJanuary 26, 2026
Mayor Lisa Landau
Members of the City Council
City of Seal Beach
211 Eighth Street
Seal Beach, CA 90740
www_kennedyca=issiam_orV
17701 Cowan Ave„ Suite 200
Irvine. CA M14
M DSO 0909
RE: Consent Calendar Item H — Consideration of a Resolution of the Seal Beach City
Council to find that the Adopted Housing Element is Consistent with State Housing Laws
Honorable Mayor Landau and Members of the Seal Beach City Council,
The Kennedy Commission (the Commission) is a broad -based coalition of residents and community
organizations advocating for the production of homes affordable for families earning less than
$30,000 annually in Orange County. Since 2001, we have successfully partnered with jurisdictions
across the county to create housing and land -use policies that increase affordable housing
opportunities for lower -income working families.
As outlined in HCD's December 24, 2025 review letter, the Department found that the City's
revised draft Housing Element meets most of the statutory requirements of California state law.
HCD withheld its final determination of substantial compliance only to allow the City to address
two remaining technical items:
• Rezoning: While the Ordinances have been adopted and meet most of the
statutory requirements, the Ordinances do not meet all statutory requirements
pursuant to Government Code section 65583.2, subdivision (h). Specifically, the
Ordinances do not meet affordability requirements for non -discretionary review in
which housing developments with 20 percent or more of the units are affordable
to lower -income households (Gov. Code § 65583.2 (h)).
• Nonvacant Sites Findings: As noted in HCD's October 17, 2024 review, since the
element relies on nonvacant sites to accommodate 50 percent or more of the
lower -income regional housing needs allocation (RHNA), requirements are
triggered to make findings based on substantial evidence (as part of an adoption
resolution) that the existing use is not an impediment and will likely discontinue
in the planning period pursuant to Government Code section 65583.2, subdivision
(g)(2)
The proposed resolution before the Council directly responds to both of these items with the
following language:
"WHEREAS, the adopted Ordinance 1721 and Ordinance 1723 allow all
residential development projects through a by -right process both on properties
identified to accommodate the City's lower income RHNA and on properties that
are not identified to accommodate the City's lower income RHNA; and,
WHEREAS, the Housing Element relies on nonvacant sites to
accommodate 50 percent or more of the lower -income RHNA, therefore,
Government Code Section 65583.2, subdivision (g)(2) requires that the City make
findings based on substantial evidence that the existing uses on the nonvacant
sites, identified in the Housing Element, are not an impediment to developing
housing during the planning period. "
The rezoning and resolution fail to specifically ensure that 20% of units on the identified sites will
be developed as affordable housing, as the resolution generally provides a by right approval process
to all developments on these sites without requiring the 20 % affordable to lower income
households.
As stated in the HCD letter, the city must adopt a program and resolution that address the by right
and affordable housing requirements under California Housing Elements on the identified
opportunity sites.
The program required by subparagraph (A) of paragraph (1) of subdivision (c) of Section 65583
shall accommodate 100 percent of the need for housing for lower income households allocated
pursuant to Section 65584 for which site capacity has not been identified in the inventory of sites
pursuant to paragraph (3) of subdivision (a) on sites that shall be zoned to permit owner -occupied
and rental multifamily residential use by right for developments in which at least 20 percent of the
units are affordable to lower income households during the planning period.
The resolution and staff report also fail to provide substantial evidence and make findings that the
NonVacant Sites are not constrained by barriers or impediments that will not allow these sites to
transition to the envisioned new use in the planning period.
It is important to note that Seal Beach's 6th Cycle Housing Element was due on October 15, 2021,
and the City has been out of compliance for most of the 6th Cycle. The actions proposed under Item
H represent a critical step toward ensuring compliance so the City can fully implement its Housing
Element programs moving forward. Timely adoption and implementation of the programs outlined
in the Housing Element are essential to providing meaningful results to the working families of Seal
Beach, as HCD has emphasized the need for expeditious action and ongoing, effective execution of
all Housing Element commitments.
A compliant, adopted Housing Element is a foundational tool for advancing housing stability,
equity, and opportunity. For low-income households and working families, compliance ensures that
zoning and land -use policies actually allow for the development of affordable homes, protect access
to state funding, and reduce barriers that can delay or prevent housing production. These outcomes
directly affect whether residents can remain in their communities and access safe, affordable
housing options.
We commend the City for its continued efforts to address HCD's feedback and move toward full
compliance with State law. We strongly encourage the City Council to clarify the proposed
resolution under Item H to ensure that the by right program prioritizes and requires the creation of
affordable units and continue prioritizing timely implementation of the Housing Element to meet
the needs of current and future residents. We urge the City to complete its rezoning program and to
address nonvacant site findings in a way that meaningfully addresses affordable housing production.
We also encourage the City to adopt resolutions that prioritize developing affordable housing to
ensure the city will not face no net loss situations or other barriers through losing sites designated
for affordable housing.
We look forward to working with the City of Seal Beach as it works to expand and preserve existing
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affordable housing. If you have any questions, please feel free to contact me at (949) 250-0909 or
cesarc(c�z�,kennedycommission.org.
Sincerely,
Cesar Covarrubias
Executive Director