The URL can be used to link to this page

Home My WebLink AboutPC Min 1990-05-02 I. . . CITY OF SEAL BEACH PLANNING COMMISSION MINUTES MAY 2, 1990 The regularly scheduled meeting of the Planning commission was called to order on May 2, 1990 at 7: 32 p.m. in City council Chambers by Chairman Sharp. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mr. Fife. ROLL CALL Present: Chairman Sharp Commissioners Rullo, Fife, Forsythe Absent: Mr. Mccurdy (excused absence) Also Present: Lee Whittenberg, Director, Dev. Srvcs. Dept. Barry curtis, Admin. Asst., Dev. Srvcs. Dept. Quinn Barrow, city Attorney's Office CONSENT CALENDAR 1. MINUTES OF APRIL 25, 1990 Chairman Sharp removed item #1 from the Consent Calendar because the Minutes of April 25, 1990 were not available for presentation at this time. 2. PLAN REVIEW 3-90 1305 SEAL WAY Plan Review 3-90 is a request by Stuart Brandel to extend out/enlarge the overhand of a second-story front balcony from three feet to five feet. Also to remove the existing glass currently enclosing the balcony at his non-conforming duplex. Mr. Fife, referencing Condition #2, asked if the guardrail for the balcony had a maximum or was the 42" minimum just considered? Mr. Curtis said staff looked only at the minimum height. It could be a guardrail or a low wall. Ms. Forsythe noted that the staff report, at page 2, recommendation #1, left the square footage blank. Mr. Curtis corrected the report to read "38 square feet". MOTION by Fife; SECOND by Rullo to approve Plan Review 3-90 in accordance with the recommendations of staff. MOTION CARRIED: 4 - 0 AYES: Rullo, Fife, Sharp, Forsythe ABSENT: Me curdy . . . Page 2 - Planning Commission Minutes of May 2, 1990 SCHEDULED MATTERS There were no scheduled matters. PUBLIC HEARINGS 3. CONDITIONAL USE PERMIT 8-89 12147 SEAL BEACH BOULEVARD BAJA BILLS (FAST FOOD RESTAURANT) RESOLUTION NO. 1576 staff Report Mr. Curtis deli vered the staff report. The applicant, Corwin Bales, is requesting an extension of CUP 8-89, an on-sale beer and wine permit in conjunction with an existing restaurant, Baja Bills. commission Comments Mr. Rullo said he deliberately went by the restaurant to sit and watch and saw the Corwin Bales has continued to comply with all Commission conditlons. Regarding Condition #3, Mr. Fife asked if it was realistic to be required to have an employee stationed on the outdoor patio when alcoholic beverages are being consumed. Mr. curtis said staff has been by there on three separate occasions during the past three month period and only on one occasion was there anyone consuming alcohol on the premises and an employee was out on the patio. Ms. Forsythe said she does not think a fast food restaurant and a liquor license are incompatible and would not support this application. She noted that alcohol would not be absorbed by a persons system for 30 - 60 minutes and at that point, with a fast food restaurant, most people are driving a car. This impairs driving abilities --- it brings their alcohol level up from .01 to .02 for an average build man. Ms. Forsythe gave the following lnformation: alcohol problems are costing Californians 13.6 blllion dollars annually in lost work, productivity and health care costs, environment and property damage. Ten billion dollars is spent annually on trauma costs and half the misdemeanor arrests in California are alcohol related and 7,100 innocent victims who have not been drinking are killed by drunk drivers. Mr. Rullo said he agreed with Commissioner Forsythe and if the Plannlng Commlssion took the on-sale license away from every fast food restaurant in the City of Seal Beach he would go along with her. But untll that is done the Commission cannot single this applicant out. Mr. Fife said he did not like the idea of serving alcoholic beverages at restaurants which are by definition or market appeal fast food restaurants. However, singllng out one owner should not be singled out. He suggested the Planning Director review the . . . Page 3 - Planning Commission Minutes of May 3, 1990 issue of fast food restaurants and whether the Commission has any power to discontinue this practice so that all fast food restaurants in the City the same. Public Hearinq Corwin Bales * 4861 Maui. Huntinqton Beach. CA Mr. Bales noted he went through this same process in September 1989 and the permit was approved with fifteen conditions. He said he feels that he is always coming before the Commission and fighting another issues ... he has lived up to all fifteen conditions. Shakey's Pizza serves beer and wine. Davios pizza may not be considered fast food but people have a one-hour lunch and they're gone. Champs is take-out. Bars serve beer and wine and also serve lunch. Soup Plantation serves alcohol and lunch. Customers generally are in and out in one hour. Ms. Forsythe asked when his largest volume of business was done? Mr. Bales said at lunch. When the employee goes out to the patio he is monitoring the alcohol and bussing tables. Referencing Condition #6, "The sale and service of alcohol shall only be in conjunction with sale of food", Mr. Fife asked if a customer wants a second beer, after eating and having a first beer, would the second beer be sold to the customer? Mr. Bales said yes, he would sell him the second beer, figuring he had already purchased food. He sees this condition as a prohibition to his establishment becoming a bar. Mr. Sharp noted that this restaurant may be the only restaurant in the City that has this condition in place. It is over and above what is required of the other restaurants. Mr. Fife asked staff if other restaurants, such as Champs, would come before the Commission again? Mr. Curtis said they would come before staff and the Commission on transfer of ownership. Ms. Forsythe asked staff what 'leg we could stand on' if McDonalds came before us? Mr. Curtis said at the present time the precedent has been set within the City that it would be up to the Planning Commission to determine each case on its own merit. The Public Hearing was closed. Referencing Condition #6, Mr. Whittenberg said, for this type of a license, that requirement is an ABC requirement. Mr. Sharp said most of these conditions are worded that they cannot sell beer unless they are a food-serving establishment - not that food must be served in conjunction with the sale of alcohol. . . . Page 4 - Planning Commission Minutes of May 2, 1990 MOTION by Rullo; SECOND by Sharp to approve Conditional Use Permit 8-89 by the adoption of Resolution No. 1576. MOTION DENIED: 2 - 2 AYES: Rullo, Sharp NOES: Fife, Forsythe ABSENT: Mc Curdy MOTION by Fife; SECOND by Rullo to approve Conditional Use Permit 8-89 without prejudice to the modification or change of the conditional use permit at the end of the twelve (12) month period, based on an analysis of the wisdom of the policy of allowing sale of alcohol in fast food facilities in conjunction with an analysis of what power the City has to chanqe its course, if any. If it turns out we don't have any power or we conclude there is no basis in fact to chanqe the policy then at the end of the twelve months the applicant would qet the normal full time approval. commissioner Rullo, clarifying, said if there is a basis to change it would be for everyone to change and not just this one restaurant. Mr. Fife said "absolutely". Ms. Forsythe asked how the analysis would be done - what would the studies be based on, how soon could a result be obtained? Mr. Whittenberg said staff would review the provisions of state law and current ABC regulations to find out if, once the City's made a determination, if those previous approvals were not proper if they can properly be rescinded and that ABC will agree to this. staff will analyze the impact of on-sale alcoholic beverage sale has had on fast food establishments and try to find some other research that's been done as to the impacts of that on the community. Ms. Forsythe said she could support thlS motion as long as she was a participant in the statistical input. MOTION CARRIED: 4 - 0 AYES: Rullo, Fife, Sharp, Forsythe ABSENT: McCurdy *** . . . Page 5 - Planning Commission Minutes of May 2, 1990 4. CONDITIONAL USE PERMIT 3-90 909 OCEAN AVENUE, SEAL BEACH PAPA JOE'S RESTAURANT RESOLUTION NO. 1581 staff Report Mr. Curtis delivered the staff report. CUP 3-90 is an application by Daniel Schechter to continue the operation of Papa Joe's Restaurant as a walk-up/take-out restaurant and to expand the existing waiting/eating area by up to 300 square feet. parking requirements for a walk-up/take-out restaurant are not set forth in the Code and are left to the discretion of the Planning Commissi~ Mr. Schechter is requesting to enlarge the waiting area without adding tables for eating. Staff recommends approval wlth flve conditions in place. Commisslon Comments Mr. Sharp noted the hours of operation start at 9:00 a.m. and not 7:00 a.m. as shown in the staff report. Mr. Fife asked staff if, in the future, this applicants applies for a beer and wine license what will we do? This CUP has a condition that no alcohol shall be sold ... . Does this make him ineligible to get a beer and wine license? Mr. Fife asked if the Commission would be placed in the position of saying the shelf and stools by the window must be removed? Mr. Curtis said, as a walk-up/take- out restaurant, the ABC license would be an off-sale license, similar to a liquor store because no liquor is to be consumed on slte. If this applicant applied for a liquor license there would probably be adequate findings for denial. Mr. Fife said he questioned why the applicant would need 300 square feet just for waiting? Mr. Curtis said the existing square footage there now is approximately 200 - 300 square feet (but it is not mentioned in the staff report). Public Hearinq Opened Daniel Schechter * 3541 Carnation Circle. Seal Beach Mr. Schechter said he and hlS wife are the owners of Papa Joe's Plzza. Mr. Flfe asked lf currently his wal ting area was so full that people couldn't get in to place their orders? Mr. Schechter said on the week-end it is very congested and sometimes they flow out onto the sidewalk. Mr. Fife asked if realistically a bench would be put on the other wall with a few stools beneath. Mr. Schechter said he did not know what he was going to do if allowed to increase the space. . . . Page 6 - Planning Commission Minutes of May 2, 1990 Mr. Rullo asked if the pizza was sold by the slice? Mr. Schechter sa1d yes and also as whole pizzas. Mr. Sharp said the drawing was confusing and Mr. Schechter explained the door on the west is an emergency door and the door on the est is where the public enters. Ms. Forsythe asked if the 300 square feet would be an open room? Mr. Schechter restated that he is not certain what he would do with the extra space. He would probably want to put a shelf on the wall but he hasn't thought about it exactly. Mrs. Schechter * Owner - Explained that she and her husband own the restaurant but that it's run by her son. Her observation is that mainly young people come in the restaurant -- surfers, beach goers. When older people come in to eat their pizza they have no place to eat it. They go across the street to eat the1r pizza and she doesn't think that's very nice. She thought it would be much nicer for them to have a shelf to stand at. It's also not nice for the people to stand on the sidewalk. Mr. Fife sa1d he could see the advantage of having a room to eat inside because there's less trash generated on the street. Mr. Fife asked Mr. Curtis the applicant is governed by the Code's restaurant parking requirements since there is food being consumed inside the facility. If not by those requirements, then why isn't he allowed to put another bench with stools along the far wall of his expanded area. Mr. Curt1s explained that whether or not having any eating on the establishment brings in the requirements of a s1t-down restaurant is a grey area of the Code. The municipal Code defines a sit-down restaurant as food being served by a waiter on a plate. Generally, for a walk-upjtake-out restaurant no seating is allowed. But when CUP 19-86 was passed they were allowed to have some stools -- so a precedent was set. Staff would probably not recommend increasing the seating. A shelf is fine but no stools. No further persons wished to speak and the Public Hearing was closed. MOTION by Rullo; SECOND by Forsythe to approve Conditional Use Permit 3-90 by the adoption of Resolution No. 1581 to allow a shelf along the far wall but no stools. MOTION AYES: Rullo, Fife, CARRIED: 4 - 0 Sharp, Forsythe ABSENT: R~l1.Q X\ c.. Cu-r-c:b *** . Page 7 - Planning commission Minutes of May 2, 1990 5. HOUSING ELEMENT of the GENERAL PLAN (Continued from 4-25-90) staff Report Mr. Whittenberg delivered the staff report explaining this is a continued matter from the Planningng~n meetings of April 4, April 18 and April 25, 1990. On April 30, 1990 a work session was held in Council Chambers with City staff and citizens. A draft set of minutes of the April 30th meeting was presented to each Commissioners. Based on the April 30th input, staff provided a new Sectlon V. of the Housing Element which is the Housing strategy and consists of goals, policies and individual programs set forth in the document. The basic changes in the new Section 5 were based on two comments received during the workshop session: 1. A request by Ms. Forsythe to review the goals and policies from the 1982 Housing Element and if possible work those goals and policies into the document under consideration. This was done. 60% - 70% of the goals from the 1982 Housing Element were carried over. . 2. A concern was expressed that whenever any of the particular programs that were being proposed indicated a use of Redevelopment Agency funds to carry out a housing program of some sort, that the document be clarified to indicate that the extent of the Agency involvement would only be up to the point that the 20% tax increment funds which are required under the provlsions of State law for housing programs would be utilized and that funds over and above that amount would not be utilized for the housing programs. Those other tax increment funds would be used for normal debt service and the on-going programs of the Redevelopment Agency. The following line was added in every program that indicated the use of Redevelopment Agency funds: "The Redevelopment tax increment funds not to exceed the funds available in the 20% housing set-aside program". . At the April 30th workshop, Mr. Antos and Mr. Funk expressed a concern regarding the designations of the remainder of the Hellman property and the Bixby property for future potential residential uses based on existing constraints that currently are on those properties. Bixby's major constralnt was the impact of the Airport Landuse Compatibllity Use Study which was recently done. Major portions of the Blxby property are within areas which are classified as a "clear zone" under Federal guidelines and some other major portions of the property are within an "accidental potential zone 1". In both of those zones the uses of the property are severely restricted to ensure safety. Staff would recommend the followlng changes be made in the document: . Page 8 - Planning Commission Minutes of May 2, 1990 Page 34 of the Housing Element, Table 13 add the following footnote re oil extraction (remainder of Hellman property): "Portions of this acreage may be appropriate for residential redevelopment when oil production uses terminate. Accordingly, the portion of the Hellman Ranch presently designated for oil production/future development has been included in the Housing Element as a potential area for residential uses." Page 35 of the Housing Element, Table 14 add the following footnote re B1Xby Old Ranch area: "Although the Land Use Element presently designates this site for commercial and recreational uses, the owners of the property have scheduled a number of pre-application public forums to receive public input as to the proposed development of the site. The owners have indicated that they are considering proposing a mixed commercial/residential project on the s1te and have indicated they intend to apply for Specific Plan approval and the necessary zone changes and General Plan amendments for such a project. . It should also be noted that the U.S. Army Corps of Engineers has recently prepared an air installation compatible use zone (AICUZ) study for the Armed Forces Reserve Center at Los Alam1tos. This plan identifies clear zones and accidental potential zones for the Los Alamitos Armed Forces Reserve Center. Such zones include portions of the Bixby property. While the study has not been formally adopted, its findings and designations should be carefully analyzed at the time any proposal for development of housing on the Bixby property is under consideration. It is possible that the City may determine at that time that all or a portion of the Bixby property is not appropriate for residential development based on safety, noise and other environmental concerns. In that the Bixby site is one of the few vacant sites in the City, such a potential determination may result 1n the situation where the total housing needs identified in Table 12 may exceed available resources and the community's ability to satisfy this need within the content of the General Plan requirements set forth in the Government Code. Nonetheless, at the present time the City has identified such property as a potential site for residential development and it is the City's goal and object1ve to have res1dent1al development be constructed there environmental and safety constraints permitting. . Mr. Whittenberg said that with these additions they will allow the City the proper flexibility that is necessary for both the Hellman remainder property and the Bixby Property at the time any development proposals are received to taken into account the . . . Page 9 - Planning Commission Minutes of May 2, 1990 normal review process, environmental concerns regarding oil production on the Bixby property and the public safety concerns and land use concerns involved int he AQUIZ study for the Los Alamitos Armed Forces Reserve Center. commission Comments Mr. Rullo sald he sat in on Monday night's workshop. Listening to the public input and going over all materials, we came up with suggestions for modifications to the draft Housing Element. They came up with six (6) different areas: 1. User friendly statement regarding utilization of state and Federal assistance programs. 2. Goals and policies (paragraphs A - I). 3. Policies (paragraphs A - D) 4. Suggested priorities (numbers 1 - 3) 5. Safeguards (paragraphs A - E) 6. Additional explanations (6 paragraphs). Modifications (4 pages) are attached to these Minutes for reference. Mr. Whittenberg said he and the Clty Attorney have been reviewing these modlfications at tonight's meeting. Re the first item, "1. utilization of state and Federal Assistance Programs", Mr. Whittenberg and Mr. Barrow feel the appropriate place for insertion of this wording is on page 47, Section 4.4 as a secondary paragraph to that section. Mr. Rullo said the emphasis was not on where the language was placed but that we do protect the City and its citizens from what the State is asking/telling us to do on all the Elements of the General Plan. Ms. Forsythe asked Mr. Whlttenberg if he had researched the two Senate bills to see where they currently are? Mr. Whittenberg said he requested information today but has not received it before 5:00 p.m. Mr. Forsythe said in the latest Housing Element the additional four acres was in Leisure World and you were thinking about putting the congregate care system in Leisure World. Would the City be meeting its requirements for low income housing if this is in a private facility. Mr. Whittenberg said yes, as long as the housing was available to public persons. It's an elderly housing facility and they easily qualify for low and moderate income if the persons that reside in those units are of the proper income categorles. Mr. Whittenberg noted 40% - 50% of the existing housing units are classlfied under SCAG criteria as being low and moderate income . . . Page 10 - Planning Commission Minutes of May 2, 1990 units today - so the City is providing a very large majority of low and moderate income units on our City's basis compared to other cities ln the area. There should be recognition of past efforts cities have taken to meet that need as an offset to some of the future need. However, what was done in the past does not help us meet the needs at this tlme. Ms. Forsythe said she would like to see that four extra acres in Lelsure World remain open space. Mr. Whittenberg explained the four acres in Leisure World are along the far western boundary, adjacent to the San Gabriel River Channel there is some property. Mr. Sharp explained that property had had apartments on it but when the freeway, that was proposed to go through south Long Beach, it was going to go across that property. The State took that land and built the apartments in another spot for those people. There are a couple of garages remaining on that property today that were there for those apartments. The garages are now used for storage and the land for some gardening plots. When the State decided they were going to use it they sold it back to the Mutual and it's the property of that Mutual and not of Leisure World. That Mutual will determine what gets done with it. Mr. Rullo, referencing again the modifications, asked if staff saw any modificatlons that the State would object to? Mr. Barrow said he thinks most of the suggested modifications have already been incorporated. There is concern, on page 3, is regarding "the power of eminent domain shall not be used by the Redevelopment Agency". Mr. Barrow said the Housing Element is not the appropriate place for such a statement and it should be done by the Redevelopment Agency and put into their bl-Iaws. It is not appropriate to have a statement in the Housing Element of the General Plan to restrict the Redevelopment Agency. There are laws to restrict the Redevelopment Agency from purchasing property outside of its boundaries, so most of the concerns are satisfied by State law. Mr. Barrow there are restrictions on the power of eminent domain in the City's Code. Referencing 5.B "B. In the event a section of the Housing Element is in conflict with the Land Use Element, then the Land Use Element shall serve as the controlling document." Mr. Barrow said he felt the better approach were the footnotes read into the Record by Mr. Whittenberg to explain what might appear to be some conflicts to add those changes to the Housing Element to make sure there are no conflicts. Mr. Barrow said the State might site a case on lnconsistencies between the Housing Element and the Land Use Element, stating it cannot be in the Housing Element. Mr. Barrow referenced the San Diego case which discusses Housing Elements that would appear to be inconsistent with the zoning and whether Cities would be obligated to approve a project because a project in the Housing Element called for low and moderate income housing or high density residential. It discusses in the footnote that programs ln the Housing Element do not bind a city... "we do not construe those sections in the Government Code (referring to . Page 11 - Planning Commission Minutes of May 2, 1990 section 65583) as having the effect of removing the city's power and duty to exercise its discretion in making a zoning decision based on the public welfare". Referencing 5.C: "C. Nothing in this Housing Element shall be considered to permit greater residential densities than permitted in the Land Use Element of the General Plan". Mr. Barrow said this is consistent with state law and the San Diego case. Referencing modification 5.0: "5. Nothing in this Housing Element shall be construed to permi t the development of residential units in an unsafe location, or permit the development to exceed reasonable environmental and traffic carrying capacity constraints". Mr. Barrow said this is consistent with the San Diego case. Referencing modification 5.E is also consistent with statements already in the Housing Element. The only other concern may be the last two paragraphs on page 4. Mr. Whittenberg suggests a change to the last paragraph: . A wise economlC policv would appear to be for beach cities such as Seal Beach to support (delete) local proqrams (replace with) state leqislation .... Mr. Barrow and Mr. Whittenberg have concerns with this paragraph even with the above change and want to research it further before the City Council would incorporate this into the Housing Element. Ms. Forsythe, referencing page 66, Section G. "Require the replacement of all low and moderate income houslng units removed or demolished in the local coastal zone" or the payment of a fee .. in lieu of physical replacement of the demolished or removed unit", asked if this would be like to program in Long Beach? Mr. Whl ttenberg said it would be some sort of program developed by staff and that will be done this year. Ms. Forsythe, referencing page 67, Section H., "Monitor housing conditions throughout the City in order to expand existing rehabilitation efforts as necessary", asked who would be in charge of this and how would the City of Seal Beach go about policing this program? Mr. Whittenberg replled this is done ln two ways (1) on a reactive basis as the City gets complaint calls and (2) as City staff is doing normal inspections and notice something. . Ms. Forsythe said the Land Use Element is carried forth from resolution to resolution that it's been determined the concept of highrise development and associated densities is not in accord with the goals of the communlty. . . . Page 12 - Planning Commission Minutes of May 2, 1990 Ms. Forsythe asked if the high density would supercede all the previous resolutions? Mr. Barrow said if any particular project comes in with high density and the City is about to approve it, it would be appropriate to amend the Land Use Element objective at that time. Mr. Fife, to break renters? accepts. tenure or referencing page 31, Table 12 asked if it is appropriate down the City's future housing needs by owners vs. Mr. Whittenberg said these are the numbers the state The don't require any additional breakdown as far as type of housing (example: elderly or family). Mr. Fife asked in terms of SCAG allocating future housing needs to the City do they cumulate any prior allocated needs that we didn't meet does it build on us? Mr. Whittenberg said his understanding of the way their program works is they start off every five years with a clean slate. They look at the population project1on for the next five year period of time for the entire Southern California region and break that down into communities based on some mathematical basis and then allocate a number of units based on that distribution to each community. SCAG is not concerned with what is already in a city but with meeting future population growth needs. Mr. Whittenberg indicated all cities need to do an evaluation every five years of the previous programs that you were going to do and how effective they were. If you were not able to reach your goals you need to state why not; this is a new state requirement which was not in place in 1984. We indicated 200 housing un1ts were built on the Naval base. The City could not very that the person originally occupying a unit on the base was (1) a Seal Beach resident and (2) financially qualified under very low/low/moderate income level and at this time it's impossible to verify that information. Mr. Fife asked, if after considering the Armed Forces study on the Bixby property, we shouldn't make a stronger statement about the Bixby and the Hellman remainder parcel concerning the potential suitab11ity of building on these sites for example, the probable necessity of remediating the soil because of toxic hydrocarbons that have been dumped there for years and possible subsidence problems due to oil extraction? Staff's feeling is the wording presented is sufficient as it indicates the property is in oil production uses. A detailed environmental analysis of the site would list all the problems of the sites. Mr. Fife, references pages 47 - 48, Section 4.4.1, asked why CHAFA funds (California Housing Funding Agency) were not mentioned. This is a California program to provide funding for f1rst time home buyers. Shouldn't we indicate this as funds to go after? Mr. Whittenberg suggested we provide additional wording to include 'whatever available financial programs the State may have' and include this as a new section (Section 4.4.4) at the end of page 50. . . . Page 13 - Planning commission Minutes of May 2, 1990 Referencing page 50, Mr. Fife mentioned the catching back the deficiency that's built up in our set-aside fund and asked if, unless you were putting more than 20% of your tax increment funds into housing, that you never get even? Each new year you put 20% in but each new year you have a make up. Mr. Wh1 ttenberg said yes, and staff is proposing that as the future increments exceed the existing debt service staff will put aside the 20% plus an additional amount to catch us up to a point where the City will be even. Staff anticipates beginning this replenishment program in 1991-1992 fiscal year. It will take 5 - 6 years to catch up. Mr. Fife clarified that there are 40 acres on the Hellman remainder parcel, 5 acres of which is earmarked for the ball diamonds and the 35 acres is exclusive of those ball diamonds. Mr. Fife asked staff how would be get Hellman to go along with the building of low income housing and keep our edge? If the Mola project is approved is the Hellman trust in a better position to say "we don't want low income housing". Mr. Whittenberg said he thought they would be in that position regardless of any action the City takes on the Mola project. Referencing page 54, Mr. Fife asked if the City had any idea of any Hellman trust plans on the remainder parcel? Mr. Whittenberg said not at this time. If, by 1993, they are not forthcoming with a plan, then the C1ty would begin a negotiation effort for a 5 acre portion of that property to meet the concern that is raised regarding low and moderate income housing. The City has given notice that if they do not come forward with something at that time the City will initiate a process for five acres of their property but not the entire site. Ms. Forsythe said Mitzie Morton brought up at the Monday night workshop that a vacant slte, Rockwell, is not listed in this document. There 1S an old Specific Plan on this property. Mr. Whittenberg said this property was not included because there was a Concept Plan filed with the City a few years ago which showed some major industrial fac1lities for aerospace. Staff has attempted, in the present document, to indicate that there are sufficient sites w1thin the community not counting that particular area available to meet the future need for low and moderate income housing. Recess 8:55 p.m. to 9:07 p.m. Public Hear1nq Galen Ambrose * Wetlands Restoration Society Mr. Ambrose 1ntroduced for the Record an eight (8) page letter from the Wetlands Restoration Attorney, Jonathan Lehrer-Graiwer which listed obj ections to this Housing Element. Attached to these Minutes. Mr. Ambrose suggested the Commission delay voting on the Housing Element until the Commiss1on has time to study Mr. . Page 14 - Planning Commission Minutes of May 2, 1990 Lehrer-Graiwer's comments and it could be commented upon at a later meeting. . Walton Wriqht * Consultant for the Wetlands Restoration Society * 326 Redwood Ave.. Brea. CA Mr. Wright said he had two questions: (1) How the low income housing in Leisure World would relate to age d1scrimination as it's not open to all age groups? and (2) "How the five acres of low 1ncome housing out of the commun1ty park - I believe that's the community park diagram out there ..." Mr. Sharp said the parcel is not out of the community park but out of the Hellman remainder parcel. (This question is incomplete). Mr. Sharp said staff said things that have already been built do not count toward meeting the new goal figures set by SCAG. Mr. Wright said, he meant that if a facility was built in Leisure World it would really not be open to everybody and isn't that a problem? Mr. Sharp said the center Ms. Forsythe was speaking of would be open to the public via a separate entrance. Mr. Whittenberg indicated that the identified need for very low, low and moderate income housing units is not specific to any age group, it indicates there's a certain number of units necessary with no further breakdown provided by SCAG or the State. Charles Antos * 210 8th Street * Seal Beach Mr. Antos said he wanted to talk about three (3) subjects in the Housing Element: two are sites that are potential sites being considered for future residential (pages 37, 38, 53, 55) and ------------ (sentence incompete). Regarding the Bixby Ranch property will be redesignated from commerclal and golf course to commercial housing units, he suggested all references to that site say "the City has looked at it and it is unacceptable" due to the potential for air accidents. Mr. Antos expressed his concern on liability in the event of an air crash. Mr. Barrow said it's not appropriate to give a legal opinion as to potential events that might occur in the future. . Mr. Antos said the City is including vacant, non-residential property in as a potential for residential uses in the future. Senate Bill 2011 (Greene) says you cannot reduce or deny a low income housing project that's basically developer driven. If the City adopts this the way it is, then a developer can come in and buy off a piece of that property from Bixby and tell the City I want to put low income ... housing to comply with housing that you say is needed in your Housing Element and I want to implement it on this property; the City would be hard pressed to say no. The property lies in a (air) crash zone. Mr. Barrow noted the City recognizes that its findings and designations have to be carefully analyzed and it's possible the City may determine that all or a e' . . Page 15 - Planning commission Minutes of May 2, 1990 portion of the Bixby property is not appropriate for residential development. The Housing Element does not bind the City and is consistent with state law. Senate Bill 2001 may have to be dealt with at a later time but at the present time staff and City Attorney feels that as recommended and with the additions the City is protected. Mr. Antos said the second site, the Hellman remainder site, is in the middle of oil fields. This site is toxic; nothing grows out there. This Element is to contain items in it which can be achieved in five years plus. Will the Hellman's be done pumping oil in the next 6.5 years? Is the technology going to exist to make that site safe? Non-toxic? If not, the City could say in the Element that that site's been evaluated and found not be available within the life of this Element. Mr. Antos suggested the thirty (30) acres at Rockwell be added; there is no Specific Plan on it. The Development Plan as put forth by Rockwell has not been adopted by the City. This should be analyzed as to its potential. Also, add the nine (9) acres of the Department of Water & Power property - which is also unacceptable because it's laden with asbestos. Mr. Barrow said the City's decision to exclude these properties based on some findings that are not supported by evidence at this time would be subject to attack. Jim Funk * 215 1/2 10th Street * Seal Beach Mr. Funk reiterated the Housing Element does not approve a specific project nor change zoning and its adoption does not commit the City to approval of higher densities on the Hellman, Bixby and other portions of the community. Regarding the issue of eminent domain and redevelopment, he said that under California State law you cannot use the power of eminent domain outside a project area for housing or any other land acquisition. Mr. Funk asked if it's appropriate to use Redevelopment tax increment funds outside the Redevelopment Project area and include that as part of your Housing Element program then it would be equally appropriate to include the policy statement that you will not be using the power of eminent domain outside the Redevelopment Project area for implementing the housing plan. This is a clariflcation when people look at the Housing Element and it's relation to the Redevelopment Plan. Mr. Barrow said that under current law the power of Redevelopment Agencies to condemn properties outside their boundaries is very 11mited. You cannot do it for residential housing. We could restate the law in this Housing Element but he didn't think it was appropriate to try to bind the agency when we're talking about two separate jurisdictions. This is a City function. . . . Page 16 - Planning Commission Minutes of May 2, 1990 Mr. Funk said he thought it would be good to include "in the event a section of the Housing Element is in conflict with the Housing Element then the Land Use Element shall service as the controlling document". He said he thought it would be good to have the Land Use Element control because the Housing Element was so complicated and has the potential for conflicts. Regarding Table 20, page 70, it would be a good idea to see a statement on Table 20 as a footnote that says "the satisfaction of these objectives would be possible only after conducting Public Hearings to determine the appropriateness, benefits and costs to the community so soil contamination problems, aircraft hazards, traffic and other negative impacts of redesignating the Hellman remainder parcel, Bixby property and other land resources for uses including residential, open space and park". Table 20 is the focus of many people's concerns ... "Quantified Objectives"! Mr. Funk asked Mr. Fife to hold off on adopting this document until all of the amendments are placed in one document for review. Bruce Stark * Seal Beach Mr. Stark said the people need to know what is being considered, have the time to review it and then make intelligent comments. Mr. Stark said this is not a paper exercise, the State expects substantial compliance. Mr. Stark said he went through this document very carefully and there have been substantial changes to this document that the public's not aware of. He said he does not feel it's appropriate to put in this general Housing Element so many specifics as to what certain developers mayor may not be doing. For example, Bixby and Mola are singled out ... what about Cox, Morrow etc.? Include them. Has staff talked to them about what they'll be doing? He asked "Since when (that it's the City's goal and objective to allow housing on the Bixby property)? He's attended those Bixby meetings and has not seen an out pouring of support but quite the opposite. Granny flats do not need two parking spaces (low income housing) because the 'grannys' don't have two cars! He said he went to the Seal Beach Trailer Park and in his opinion this is not low income housing and should be removed from the Housing Element as such in order to be truthful about low income housing. He said he felt the environmental checklist form is in error and needs to be re-done. He recommended stopping and allow review of the latest revisions. Dorothv Whyte * Colleqe Park East Ms. Whyte said she thought 1. twas "ludicrous the public has to stay up to 3:00 a.m. to watch you". She asked the Commission to "just once pay attention. We don't want to sit up all night every time there's a project or something going on in here to watch you like we have to. For you to vote on this tonight is not in any way . . . Page 17 - Planning Commission Minutes of May 2, 1990 respecting the public and I think you should not vote on this tonight and let us go home and go to bed." Lvonel Oqen * Leisure World Mr. Ogen introduced himself as a Leisure World resident. He was present on behalf of an organization called ACORD --- the Area Coalition On Responsible Development. ACORD was formed by citizens of Seal Beach, Rossmoor and Los Alamitos to address development issues of common concern and area wide responses to these issues. ACORD's position on the proposed Housing Element is that adoption should be delayed to permit further study. It is inconsistent to adopt a Housing Element that dictates the type and number of housing units on specific sites while at the same time awaiting a consensus between developers and citizens as to the use and density on these same parcels -- specifically Bixby Old Ranch project on which citlzen input meetings are being held. More time is needed to Seal Beach residents and its neighbors to study this Element and its ramifications. Dwavne Mahlen * 11542 Harrisburq Road * President. Rossmoor Homeowners Association. Mr. Mahlen suggested deferring the adoption of this Housing Element because the public needs more time to review the vast amount of material. It is inconsistent and inappropriate that a Housing Element be adopted on any sites when use and density are being considered at current meetlngs. The Rossmoor Homeowners Association is concerned whether or not, with many vacancies, whether that parcel will somehow be included in the Housing Element for building? Please put rumors to rest. Mr. Whittenberg said there is nothing in this Housing Element that has been before the Planning Commission (for this third public hearing) that in any way indicates there is a potential for residential development on Rossmoor Shopping Center. James Goodwin * 1405 Crestview Avenue * Seal Beach Mr. Goodwln says Seal Beach residents like the character of the town because we do have a variety of income levels in the people who live here. It would be desireable to keep low and very low and moderate income housing in the City. The Mola Development minimum priced house was $315,000 in Plan B... you could buy a 1000 square foot house for $150,000. Page 53 discusses the Hellman Specific Plan WhlCh we could do something about. We could add 50 houses here for $150,000 for a 10000 square foot house and we'd be in a direction of meeting the State requirements and doing our best to do something to low and median income housing. . . . Page 18 - Planning Commission Minutes of May 2, 1990 Mark Soukup * 310 10th Street * Seal Beach Mr. Soukup said he would like to Commission to foregoing making a decision tonight as the "proceedings tonJ.ght are more of a shell game and a mixture of mirrors" and urged a delay on the vote to allow for review. Carl San Philipo * 801 Avalon * Seal Beach Mr. San PhilJ.po said he has been a Seal Beach resident for 31 years and this City is always in trouble. He said his neighborhood is getting flights over it and this isn't the approach pattern and he urged the City Council to write to the Mayor of Long Beach about it. He urged more communicating and a delay in adoption to allow more time for revJ.ew. He thought the State should stay out of our business and that Seal Beach shouldn't have to worry about low cost housing given the cost of homes here. Mitzie Morton * 153 13th Street * Seal Beach Ms. Morton read the Notice of Public Hearing, saying "the Housing Element of the comprehensive General Plan is an official policy statement of the City... it addresses four specific aspects of housing in the City of Seal Beach, quantity/supply, quality/condition, affordability, accessibility." The people are stating this is their official policy and so the people should be IJ.stened to. She said she is disturbed that the Commission interrupted the speakers and added that of the two recent speakers one has three or four Masters degrees in Planning and has been a ci ty planner for twenty-three years and the other speaker has probably more than one Masters degree and has been a planner for eighteen years. They have given very good suggestions and ideas and the Commission should listen to them and incorporate their ideas into our Housing Element. She felt the Land Use Element should take precedence of the Housing Element. She was disappointed the thirty acres of Rockwell was not included since it's vacant property. Ms. Morton said she was requested to ask the Commission "Where is the low cost housing going to go in the next five years?" Mr. Whittenberg replied that staff cannot say specifically where any of it will go if any will go into it. At this time we are indicating in the Element that the City at the time specific areas of the City corne up for consideration for development, one of the areas of concern the City must evaluate when they consJ.der a development proposal is attempting to provide low/moderate income housing on the sites identified in the Housing Element. Ms. Morton said she resented the Housing Element and the Mola project being placed on one agenda. She thought there was an agreement to adjourn at 11:00 to 11:30 p.m. Chairman Sharp said he was not intentionally being rude to any person but he was trying to expedite the meeting and keeping the speakers on the subject. .' . . Page 19 - Planning Commission Minutes of May 2, 1990 Mario Voce * 730 Catalina * Seal Beach Mr. Voce said this is the third Public Hearing as well as the third draft Housing Element and there's not been enough time to review all the material. On page 40 he noted land use control... and asked if it's appropriate here to discuss things that are environmental concerns such as aerial spraying? He urged not voting on this ton1ght and adjourning by 11:00 p.m. Del Clark * Yellowtail Drive * Rossmoor and ACORD Member She spoke specifically to page 35, Housing Element, item #2, Bixby Old Ranch stating that the status of that is the Specific Plan application is expected in 1990 and we are very aware that this Specific Plan has not come before this City, however, the subject 1S critically relevant to Seal Beach's Housing Element. She referenced a plane crash in the early 1960's that was near her house. She was extremely concerned that any new housing would be put on the Bixby property. If you have decided that you are putting housing on those Bixby parcels then she recommended that all the consensus building meetings are a sham and should be shut down and have no more citizen input. Mr. Sharp asked Mr. Whittenberg to say a few words to Ms. Clark's inference that the Commission has already made a decision on what's going to be done on housing at Bixby. Mr. Whittenberg said the best way to respond to concern expressed regarding the impact of the Housing Element of the pre-project submittal process that is going on with Bixby is to indicate that the Housing Element recognizes that that process is on-going and indicates that the time that process is completed and a formal application is submitted to the City by the Bixby Co. that there will be several concerns that will be addressed based on information that we are proposing be provided in the Housing Element. The first one is the note which we have suggested be added to Table 14 on page 35 which recognizes the impact of the AQUIZ study and indicates clearly that "the plan identifies clear zones and accident potential zones for the Armed Forced Reserve Center and such zones include a portion of the Bixby property. While the study has not been formally adopted it's findings and designations should be carefully analyzed any proposal for development of housing on the Bixby property is under consideration. It is possible that the City may determine at that time that all or a portion of the Bixby property is not appropriate for residential development based on safety, noise and other environmental concerns. In that the Bixby site is one of the few vacant sites in the City such a potential determination may result in the sltuation where the total housing needs identified 1n Table 12 ... may exceed available resources and the community's ability to satisfy this need within the content of the General Plan requirements set forth 1n the Government Code." On page 55, that program discusses the Bixby Old Ranch area and indicates public hearings would be conducted ...." We are not indicating that the Element will requ1re an approval for housing. . Page 20 - Planning Commission Minutes of May 2, 1990 Bruce Stark * Seal Beach Mr. Stark said that in view the footnote on page 35 objective to allowing housing He just explained that is not to take a long careful look included or not. of Mr. Whittenberg's clarification that "that it is the City's goal and on the Bixby project" be deleted. our goal, rather the City is going as to whether that's going to be . Mr. Fife asked Mr. Whittenberg why the thirty acres on the Rockwell site is not included as a potential housing site? Mr. Whittenberg replied that that site and several other sites in the community have not been included for (1) there are several properties which have current Specific Plans already adopted for those parcels of land and we've not included those parcels. One of those is the DWP property which has not been included and (2) the Rockwell property does not have a Specific Plan but it does have a plan which was submitted to the City and not been formally adopted. It is their intention of the future development of that site. We could include a discussion regarding Rockwell. We felt we identified sufficient other sites that would allow for the attainment of the Housing Element goals without committing that site for that type of consideration also. Mr. Fife said that site had less potential for being absolutely incompatible for housing than does the Bixby site and would merit at least as much consideration as the Bixby site for consideration of housing needs. Galen Ambrose * Wetlands Restoration Society Mr. Ambrose said he wished to enter the eight page letter For The Record; so done. We have 120 days after the judge signs the writ to put our Hous1ng Element in place and he has not signed as of today. He pointed out that Mr. Barrow, at the last Commission meeting, was doing everything he could do to influenc~ you to pass the Housing Element last week. . Carl San Philipo * 801 Avalon * Seal Beach Regarding the environmental checklist, he read "A. Earth - Unstable Earth Conditions or changes in geologic substructures --- Answer: No". How could the answer be "No"? This is in the Staff Report dated April 18th. Ms. Forsythe said she felt the Negative Declaration about the environmental impacts last week and she disagrees with a lot of the answers stating she would answer 50% of the questions d1fferently. She asked Mr. Whittenberg how important is this document? What weight does it carry? Can we change it? We should have had public participation on this document in answer1ng the questions because, for example, the Bixby property is affected by flood waters. Mr. Whittenberg said the Environmental Assessment of the Housing Element document it's not an assessment of particular sites. Ms. Forsythe said when you have a Spec1fic Plan in it, Le. Mola and Bixby, that does have an impact on the environment. Mr. San Philipo mentioned the liquefaction on the Hellman property. . . . Page 21 - Planning Commission Minutes of May 2, 1990 Recess 10:55 p.m. to 11:08 pm. Scott Whyte * 4461 Candleberrv * Seal Beach Mr. Whyte referenced the noise section of the Environmental Checklist where a "maybe" answer was given for potential impacts. Mr. White asked when a more detailed environmental assessment would be done for this noise impact? He said our Noise Element is based on a nOlse 1975 study and this fifteen year old study does not reflect current conditions. He said all the Elements of the General Plan are tied together and one cannot supercede the other. If we state that Bixby is a potential area for housing and that it may have noise impacts on the Environmental Checklist and in the explanation of the "maybe" answer and you say that more detailed environmental consideration will be determined at that time. That would be against the City's Noise Element. The point: the L-10 level shows a decibel level of 71 decibels and our current zoning precludes any residentlal development within 65 decibels. Mr. Whyte said the noise levels would have to be more than 71 decibels at this time. Mr. Whittenberg said we don't know that and indicated site noise studies and staff would have current information and the time a project was reviewed. Walton Wrlqht * Wetlands Restoration Society Mr. Wright asked two questions: (1) there is a 294 unit liability against the City for low income housing and if, in the future, we are gOlng to look at each of these proJects ... if we find one is not buildable ... where do we put the liability, how do we take care of it and what are the implications? We can't keep putting it off. (2) State law requires an environmental checklist be done on this document. Mr. Wright said he had dlScussions during the break with the Clty Attorney who said the checklist is done on the Housing Element ltself. Mr. Wright agrees with that in some ways "but the document itself has implications for actual on the ground, concrete at some tlme in the future". He said he thought the purpose of CEQA and the envlronmental checklist process is that you're to address implications for the future. There are a lot of inconsistencles in the checklist. "I think there will be impacts generated by the projects on the ground and we haven't really been discussing whether we're going to do a negative declaration on this or what sort of findings we will have. The total checklist needs to be re-evaluated ...". Reva Olsen * Seal Beach Ms. Olsen said her concern with rights issues are very vague. people out and let the public taxes being paid to subsidize lots. the Housing Element is the property She requested the staff get more ask questions. She questioned the low cost housing on very expenslve Galen Ambrose * Wetlands Restoration Society Mr. Sharp asked Mr. Ambrose to "hit the highlights" of the document he submltted For The Record from his attorney. Mr. Ambrose said . Page 22 - Planning Commission Minutes of May 2, 1990 he received the document late this evening and had not had a chance to read the eight pages. . No one wlshing to speak further, Chairman Sharp closed the meeting at 11:17 p.m. Mr. Whittenberg said it would be appropriate to respond to some of the questions and concerns brought up tonight: Paper Exercise and the only thing that will be done about the Housing Element is that it will be shoved into the corner and forgotten about. Under State planning laws whenever a city considers discretionary approvals for a development project the city needs to do an evaluation of the General Plan to make sure the project is consistent with that document. When that is done you look at all the Element of the General Plan and the project is modified to comply with the General Plan. Why are certain areas of the City called out and discussed and whY aren't other areas of the city discussed and why aren't other builders discussed (who build homes on individual lots) - The provisions of the Government Code, Section 65583 require 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 propertles cities focus on are those parcels which are easily identifiable as vacant and undeveloped. Those sites in the City of Seal Beach are the Hellman remainder parcel, Bixby property, a portion in Leisure World. There are not vacant single family lots in Old Town that are combined together where you can do an analysis. Ms. Forsythe asked if this law was in effect in 1982? Mr. Whittenberg said he thought it was. Environmental Assessment which was submitted to the State Office of Planning and Research and distributed for public review and comment. The Environmental Assessment is an assessment of the Housing Element document and not of future development projects. The Housing Element itself will not have an impact on the items in the Environmental Assessment. A future development proposal could have an impact on many of the areas of concern in the Environmental Checklist. When a project is proposed an Environmental Assessment will be done on that partlcular project. A Negative Declaration or EIR would be prepared at that time. . Mr. Barrow said the staff report mentions CEQA does not apply to this action to bring its Housing Element into compliance with any court order or judgment. Under this special procedure the City shall prepare an initial study and the document, which has been distributed since March 14, 1990. . Page 23 - Planning Commission Minutes of May 2, 1990 CEQA specifically does not apply to this process. The City has gone beyond its obligations and done more than just it's initial study. What quidel1nes does this document follow and what is the intention of the document? - On page 2 of the Housing Element it states "the Housing Element is intended to serve as a guide for local decision-making bodies when dealing with housing- related issues ..." Government Code, Section 65583 which specifically states certain things the Housing Element must contain. For one, it must consist of an identification and analysis of the existing and projected housing needs and a statement of goals, pOlicies, quantified objectives and scheduled programs for the preservation, improvement and development of housing. Mr. Whittenberg continued to read Section 65583 of the Government Code which covered the above material in more detail. He read a paragraph from State laws regarding housing needs and said the Housing Element, with modifications, meets the intent of that legislation. . What were the implication of certain proqrams not being implemented durinq the period of time and how would that imoact other oroqrams in the document? Mr. Whittenberg said that if 1n the future a program is unable to be implemented the City then would need to revise the document to remove that program for the document. That would require are-evaluation and re-analysis of all the other programs as part of that amendment process. The amendment process requ1res Public Hearings before City Council and Planning Commission. The time to do that analysis is at the time the City has a particular project proposal under consideration. Mr. Barrow said Mr. Ambrose submitted a letter from his attorney which refers to an exhibit #1 and asked if Mr. Ambrose had that exhibit? Mr. Ambrose said his attorney will mail it to the Commission tomorrow which will have the exhibits. . Ms. Forsythe sa1d 1n the 1982 Spec1fic Plan does not refer to any specif1c plans but acts as a guideline. Are we mandated to include specific plans in this Housing Element? Mr. Ambrose's document states that an inconsistency w1th the new Housing Element, the Mola project, 1S invalidated and the Hellman Ranch property should be reviewed anew 1n terms of the C1ty's affordable housing needs. So right aware there's a conflict with the new Housing Element that's listing a specific plan in place. Staff indicated the Housing Element states you have a proposed specific plan that's been filed with the City that's under consideration. Staff feels this is accurate reflection projects currently under consideration by the City. . . . Page 24 - Planning Commission Minutes of May 2, 1990 Mr. Barrow noted the HCD letter wanted more specificity when they looked at the draft Housing Element submitted to them. Ms. Forsythe asked how this latest document calling for low income housing on the Hellman property conflict with HCD's report asking for specifications against the Housing Element? will we be sued again? Mr. Barrow said he could not discuss prospective lawsuits. He said it's a safe bet that someone will sue pretty soon. The pending lawsuit, where the judge has retained jurisdiction, in order for the Wetlands Society to bring the Housing Element back to the court --- this is the present litigation going on. Mr. Whittenberg said he's been reading the State Department of Housing and Community Development (HCD) letter dated April 10, 1990, saying "the Seal Beach draft Housing Element responds to many of the identified housing needs of the City. In our opinion however, there are several areas which require revisions to bring the Element into compliance with State housing element law." The letter then references Article 10.6 of the Government Code. "The Element should provide additional information on land available for residentlal development and include a stronger commitment to develop and implement programs to address identified needs in the City... identify adequate sites available for the development of housing to accommodate the City's share of regional housing needs." *** Commissioner Forsythe said her position on this Housing Element was there were too many loose ends to close this matter tonight and does not want to send an incomplete document to the city Council. She said she was willing to meet every week on this if necessary ... "we do not have to ram-rod this thing through and have to live with it until 1992 when we are able to contest those figures". Commissioner Fife said the Housing Element should be seen by the Planning Commlssion ln a more final a form and another Planning Commission meeting should be held in a week for the purpose of voting on an updated Housing Element that is presented in a more final form for public distribution and for the Commissioners to consider by noon on Monday, May 7. He said he would specifically like the Planning Director to consider as modifications to the Housing Element: Discussion as to how we identify a site a vacant. Table 14.1 lists the vacant sites within the city. Show the criteria by WhlCh we make those determination. Then, being consistent with those criteria, identlfy all vacant sites which are suitable for housing to be on them. List all sites. Have a strong disclaimer that the City of Seal Beach has a very limited amount of land which is not developed already with something on it and that none of these sites could necessarily be ldentified right now as being adequate for purposes of housing. He said he was "troubled by even tentatively identifying them as . Page 25 - Planning Commission Minutes of May 2, 1990 adequate ... we can go no further than saying they don't have anything on them right now and ... suggest the possibility that housing could be built without tearing something down ... but we cannot go a lot further than that". Eliminate all references to possible plans for development of any vacant sites in the Housing Element with the exception of the Mola project because it has a Specific Plan submitted. Bixby and other sites are too speculative to include in the Housing Element. Reference to "female-headed households" changed to "single parent-headed households". Also, in the Housing Element where the non-discrimination policy is set forth add a policy of not discriminating against people who have minor children part of their household. . The Rockwell site (50 acres) should be listed as vacant property. Or, it should be explained why it is not mentioned as a vacant site in the Housing Element. Reading from the Government Code on the housing elements Mr. Fife noted, "the legislature finds and declares as follows: the availability of housing is of vital State- wide importance and the early attainment of decent housing and a suitable living environment for every California family is a priority of the highest order". ThlS language could be interpreted to mean that in the event of clashes between land use elements and housing elements ... the State's policy on housing prevails. We should list as many possibly vacant sites that we've got as candidates ... we may find later on that a site that doesn't look good now may look better later on. Mr. Whittenberg clarifled that on "female-headed households" is a particular category that State law requires us to discuss. A component could be added to include "single male-headed household". Mr. Fife said he viewed the verbiage "... analysis of any special housing needs such as those ..." to be illustrative rather than directive. . Mr. Whittenberg noted Mr. Fife's wish to delete areas that do not have a Specific Plan submitted on them at this time. Mr. Fife said, for example, he did not feel the Hellman remainder parcel could be declared vacant because it is not known when Hellman will cease oil production on that land. The sites identified as vacant could possibly be identified as land on which something could be built without tearing something down. These sites, at this point, cannot be identified as adequate as each site has its own set of . . . Page 26 - Planning Commission Minutes of May 2, 1990 problems. Mr. Whittenberg said that the Housing Element does not lndicate that those vacant sites are automatically considered to be adequate sites particularly with the footnotes he introduced earlier on the Hellman and Bixby properties (oil production and ACUIZ information). Those sites will need to be analyzed to determlne if a resldential use is appropriate but they do need to be listed as a possible location for housing by state mandate. Mr. Fife asked staff to look at the language on page 37, following identlflcation of the site, states "Based upon the existing General Plan designations and zoning, the vacant residential and non-residential sites listed in Table 14 have a capacity to permit the development of up to 329 detached and 100 multi-family dwelling units." That statement is very specific and could be adversely used at a later date despite environmental issues. Mr. Whittenberg said he would prefer to leave the discussion about the sites in the document, revising this paragraph to indicate further analysis is needed to determine if the sites are adequate. Mr. Fife emphasized he would llke staff to let Sacramento know Seal Beach does not have abundant land to develop --- that we are doing the best we can but we're not sure we have a single site available. What vacant land there is does not show confidently as buildable land for housing. Mr. Whittenberg noted page 3 of the Housing Element mentions City concerns along these same llnes. Mr. Rullo said he would like to see as many safeguards in place as possible and a complete package presented to the Commission. Mr. Fife added he is committed to acting on this issue at the next meeting, stating he didn't think the City has the luxury of putting this issue off indefinitely. If the update was put off too long the City could wind up with a Housing Element dictated by an Orange County judge or by Sacramento legislators. Mr. Whittenberg said staff could make the changes from tonight's meeting and have the revised Housing Element ready on Friday. He suggested meeting on Monday, May 7, suggesting the Commission could make a decision on Monday, May 7 or continue the meeting to May 9th. Ms. Forsythe said she had a prior commitment for Monday evening that she couldn't get out of. Mr. Sharp said Mr. McCurdy could participate on May 9th. The audience requested another workshop and asked what the rush was for. Mr. Fife said the "rush" lS that the City is going to run out of time under the judge's order and noted we must leave time for the Council. Mr. Sharp said he felt the Commission has had plenty of public input and would prefer to vote of the Housing Element tonight. He would like to see the Commission vote, with no Public Hearing, at the next meeting. .' . . Page 27 - Planning commission Minutes of May 2, 1990 MOTION by Fife; SECOND Rullo that the consideration and action on the Housing Element be deferred to the Commission's meeting at 7:30 p.m. on Wednesday, May 9, 1990 on the condition that the draft Housing Element in its final form, with all additional and modifications that the Planning Director is making based on the suggestions of the Commissioners and the public, be incorporated into the Element in a conspicuous manner and be available to the commissioners and members of the public by noon Friday, May 4, 1990. Mr. Rullo added: If the draft Housing Element is not ready by noon Friday, May 4, 1990 that the meeting be continued to the next regular meeting of the Planning Commission. Mr. whittenberg said the matter will be agendized for May 9, 1990. If the documents are not available at the time under the motion that is under consideration, then at that point, on May 9th the meeting would have to be continued to another date certain. Mr. Fife amended his motion to add the proviso that the Public Hearing be re-opened at the time this matter is again taken up with an emphasis on the part of the Chair that discussion, to the maximum extent possible, be restricted to the amendments that are added to the Element based on the discussions we have already had so we don't repeat the same issues again. Mr. Barrow rephrased the motion: MOTION to continue the Public hearing until May 9, 1990 at 7: 30 p.m., open the Public Hearing for the very limited purpose of allowing discussion of the proposed amendments to the Housing Element and is subject to having the proposed amendments available to the Commissioners and the public by Friday, May 4, 1990 at noon. Mr. Barrow advised the commission that it would be appropriate to direct staff that if the Housing Element is not ready by Friday at noon to alert the public that it would be staff's recommendation that the May 9, 1990 Commission meeting would be continued on this matter. MOTION CARRIED: 4 - 0 AYES: RUllo, Fife, Sharp, Forsythe ABSENT: McCurdy *** Direction: Mr. Barrow noted that it is up to the public to go to City Hall or arrange to get their copies. If they are not available by noon on Friday, staff will post the agenda that it will be staff's recommendation to continue the matter to May 16, 1990. . . . Page 28 - Planning Commission Minutes of May 2, 1990 Direction: Mr. Fife directed staff, to the extent possible, to alert the local newspapers on this action to disseminate as much publicity as possible. Mr. whittenberg said a press release would be provided to the newspapers tomorrow morning. *** 6. HELLMAN RANCH/MOLA DEVELOPMENT CORP. Mr. Sharp said that, with the Commission's consent, due to the fact that the Hous1ng Element has not been passed and the lateness of the hour it will be continued to the next meeting --- which is May 9 or May 16, 1990. Mr. Barrow said the Commission could not act on this item tonight but they could take testimony. Chairman Sharp asked Tim Roberts (of Mola Development) if he had any testimony to present tonight? Mr. Roberts said his testimony could be preserved to the next meeting. MOTION by Rullo; SECOND by Forsythe to continue the Public Hearing on the Hellman Ranch/Mola Development Corp. project, item #6, to the next Planning Commission meeting of May 9 or May 16, 1990. MOTION CARRIED: 4 - 0 AYES: Rullo, Fife, Sharp, Forsythe ABSENT: Mccurdy ORAL COMMUNICATIONS FROM THE AUDIENCE Ana Christensen * Secretary. Native American Coalition of Southern California - asked Mr. Whittenberg why Vera Rocha was not on the Plann1ng Commission's Agenda as she had been told would be the case. Mr. Whittenberg apologized for the Commission and instructed that Ms. Christenson and/or Ms. Rocha could address the Commission at this time. Mitzie Morton * 13th Street * Seal Beach - Ms. Morton noted that City Hall is closed for lunch from 12:00 - 1:00 p.m. Mr. Whittenberg said he would be in the office at 12:00 for anyone wishing to get the documents. Ouinn Barrow * City Attornev's Office Mr. Barrow clarified that a Housing tonight's amendment, will be available. These changes w111 be highlighted. Element, incorporating It will be one document. Frances Goodwin * 1405 Crestview Avenue Ms. Goodwin asked if other people were going to know about these meetings? W111 there be a special mailing? Mr. Whittenberg said a press release will be issued. '. . . Page 29 - Planning Commission Minutes of May 2, 1990 Mario Voce * 730 Catalina Avenue Mr. Voce noted for the Record that the general public does indicate tonight that they feel that May 9th 1S too early for a meeting and it should have been scheduled for May 16th. There is no reason to special session this when it's a review session. More time would be appreciated. Ana Christensen * Secretary. Native Amer1can Coalition of Southern California. Ms. Christenson introduced Vera Rocha, Tribal Chairman of the Gabrialino's with the statement that she should have been on the Agenda, as item #7, and felt the commission was very insul ting. Ms. Rocha said her responsibility is to advise her elders of the consequences of how different people are destroying this land in the name of progress. She asked the people to work together to live right in this world and not cover Mother Earth with destruction. She said the Hellman wetlands is a burial ground and should not be disturbed because their spirits are there. COMMISSION CONCERNS Ms. Forsythe said that last week-end, April 28 - 29, 1990, there was an incredible amount of air traff 1C over Seal Beach. Her telephone calls revealed that Camp Pendleton and the Army scheduled air maneuvers at the same time without the knowledge of what each was d01ng. She asked staff to write notifications to please be more careful. STAFF CONCERNS There were no staff concerns. ADJOURNMENT Chairman Sharp adjourned the meeting at 12:25 a.m. Respectfully Submitted, (}.o~ c--.r-.. Joan F11lmann Execut1ve Secretary Department of Development Services *** These M1nutes are tentative and are subject to the approval of the Planning commission. *** The Plann1ng Commission approved the Minutes of May 2, ~ o...~ 1990. 1990 on ~ ~. ~ ~~; f""' V!:NTURA COUNTY OF"F"ICE: ~.t:~50 COuN"y SQUARE OR1VE -k':Ii S..J1TE 207 'j .f,.\/!:NTURA CALIF"O"NIA 93003 P:k.:=:::r '8051 644 7480 'X-- ~....~ c~ .~ ,,'e::- l':"~ ~'::'4: ~" . .-!,t~ '. .:it-'" :~ p;;;: t:f:" tlflo ........ . W' _ ...~ , , ..L- ~}p ,j,.c(.i<. lS.~- ." :;.. ~- ~ I>tl"'"- ~(~ ,~ t:; ~f"t...\'>_ . 'f"- f~7;.__ ~ l~;;:"- ~\ 1$; LAW OF"F"IC ES BURKE, WILLIAMS & SORE~SEN ONE:. W1L-SHt~e: BUILDING 624 SOUTH GRANO AVENUE:. 11TH FLOOR TELECO~ ER (21,)1 623 8297 ORANGE: COUNTY OF"F"ICE -- 721 SOUTH PARKE:R STRE:E:T SUITE: 310 _ O"ANGE: CALIF"ORNIA 92668"". 17141 972 119S LOS ANGELES CALIF"ORNIA 90017 12131 623-1900 _\~,.r"- ~- .-L'""':: ....,J...~~ ',"&-)~J;.. . i4~~ 1- l~~ ~ f,' ~ ,,~ _:.r ,;.~ lo(_~ 1...'" ...,"'.ir4 ~ ~",*-"",: - , """-'lI~"'~ .V - - ...r-4' ~ _'..1"'... - 'l;::"'W -r~_ .t>-........~"":" , ""- --........ ...-- ~ - ~o... l.. WHEN HAS REGULATION GONE TOO FAR: -.....--:..~ WHAT IS A TAKING? ....~.............- ~"t.~ ');''- - \ , ..... ~~~.- ::v<.....__ - -..... --- ~ ~ ~ --'-'--,~.ca.t=~ KATHERINE E. 1- .. ~_ STONE.~,--' BENJAMIN .. '-~':;<D..~nl -:=..~ ~Hr 5:: KAUFMAN <' .~:: , ~ ....-,..-... ~ :-~\~~~~ ' - . ' ~;;:;... A. S~~~,~'1~~~~;' P\ Q.nn', ():3 Co tYW'Y\ I s..s, ~'l . 5 q. 90 \\-€S~ed ~R. The Re.c.o-rd ~ q a..\en Al'nb-o..se. * MARGARET #1:: ;1~ 11\;;''LT 'f'", < ~li~~ ;.3f";~ J: > .... , 'r TABLE OF CONTENTS A. WHAT CAN PUBLIC AGENCIES DO TO PROTECT THE PUBLIC INTEREST AFTER FIRST ENGLISH AND NOLLAN? B. WHEN HAS REGULATION GONE TOO FAR: WHAT IS A TAKING? [THE TEST] C. FIGURES (a) The Pollce Power (b) The Flfth Amendment (c) The Relatlonshlp Between Pollce Power and Property Rlghts (d) The Taklng Hlerarchy (e) The Bulls Eye (f) The Bundle of Stlcks (g) The Spectrum of Uses (h) Keystone (1) Flrst Lutheran Church (J) Nollan D. QUIZ , ' "". r "''f:-\,A.. ,.t'J,,' . ......:t J ..... ~'s: ~~l? ~0 ~~ ~ e ~ ~ -' \0 " \1\1 C) ~ \U ?J1r:-- ~ -- <t: ~-= "211)2l '<t nJ <:( \ 'Jc{\ ~_ ~ ~('9 S'~ '\ Gi~~ L..~ ~ ~ ~- ~ \:) lJ\ ..) en ~ ~ ~ ~I e~i~'^ 1.lJ l- l!i '7 5 3 l..u ::>:...J:2 _\~"'" f 1- J\ ~ ~ 'J G:) J. lV\ l~ t-: v \lJ -~ ~ iT"< r~~ N '::!: ~ 'B t J .cd 5 ~ -(t 3- -J i'Z 2? - '::J ~.102 ~t[) (.::::: <r0 - 1..1_ ~W ~.J-g .:: V\ /.:!\:! ~ _ oC- 'I.. i0 l\J:{~ ~ 3\:1 \0 ~ ~ ~C~..>- .g ~,~ ". ~ Q V) ~ ::J t;: ::t ~I .t ~' o \v :? "":::> 1:: h_ -.;" ~ 3 ~ ~s 'St L1J.3 ') :7 ~ . cp ~ ~ * a cr-- ~0~ I -,- ~~ ~ - u ~ cp ~ ~ ~ ~ ~ fA lj\ ~ ~ ~~ 3< ~~ <t ~ Ji ~~ - ~l.) --- x \.~ ~V\ ~ u ~ D r<) ~ ~ ~ ~ ~~ V\W ~1 ~ -, \::\... ~I ~a. --J. 3R> o:=? ~ ('I) ('() cf) \'<\ ('{\ ~ 1~ ~~ ~~ ~ r qJ ~ In ~ ~~ ---\- ~~ ~3 ~s ~e:,... 6 p os 6< (f) ~ ~~ ~~ ~ uJ ~ ~ \) G N 0( ~ I'- ~ ~ 8 fX -Z \J I \.) Q5 ? ~~ ~. & j; v ill '2 :z ~i ~ G\~ <? o ~ \j C) --- ~~ 3- ~V\ 4 G 0 ~ tp \'l -- ~ + !! o D N ~ l5\ ~ ~ s ~~ f= ~~a:: Q., fS- (j!J ::>V\~ \-l' <:::j ~ >- L~ g ~r; ,~ 3D ~ ~ t.-f:, :2 ~ ~ '- - ~ \...) ~ <l:.:. ~ \J V'\ 8 <:d ~ \~ ~ \~ 0:>0: ~~ 3~ ~\~ ~~ -:::1'_ ~ 3 D.t- 8] >- - - -1- o 'f& ~ ct. - - --- cp cP tb f"- \0 --- a g O)L.rt - 0 \~~~ ~V) itf ~ i~ ~~ ';:l <. ~ ~ -=t:. ~0 \i ~ . C0 V\ .....v.."" ~~ --;; '\1'-- r' {:c:c. f~+ . ~ :2-=::- -~ ~ ---.::; - ::.. ::> ...../ -~~ '0 '-f\ I~~'~,+", - ~'> ., ~r~ .j~".) ::c. ,~J ~j~~ ..- ."]J I' v ,,"",' -+ ~~ ?-r~ -~+-~' L:u - -s :2.. :):J 1 ~ >J', .,..' '-.) "",-I +0 I J ; -..J -3 '- : ~-0<'B L\ J~ (3~V" : u B ~ J Ai o III ClI. -# 0.2! o ~I ~ ~, Qt: &: Q.. '.:J D ~ ,-:'- 1 ~<( ~~ . , C~ - -<t ,.S) f=- '- -:J , r-.;f ;,; 9 ~ (/). ~ 0 c::..\..) ::::; (- 0- ".2 r-::.~ CJ '2. I::r:: \.) \..C) ;i"~ t: 'J \ <.c:..:i 0 ~w ~ ~<l_ 2 ~~ .:::> .) 3 ~0 \ ~, .."- IJ ~~~, c.::.. 0 Q..."2 ~ .....::.- ~ ~-~ $--- - ~ - - - the San Gabriel- Pacific Park Society Seal Beach, California 213 -596-2579 May 7. 1990 Plann1ng Comm1SS1on C1ty of Seal Beach ~11 8th Street Seal Beach. CA 90740 Dear Plann1ng Comm1ss1on= We do understand the C1ty'S grave d1ff1cult1es 1n attempt1ng to resolve the low 1ncome hous1ng requ1rements. The Ilst1ng of every empty p1ece of land as a poss1ble slght for low 1ncome hous1ng may solve your 1mmed1ate General Plan problem but. If you are not careful. create greater problems 1n the future. . The San Gabr1el Paclf1c Par~ Soc1ety 1S request1ng that the Plann1ng Comm1ss1on remove the Department of Water and Power Property from 1ts IlSt of E~~~E__~~ib_B~E~g~Oi~91_B~Q~~~lQRm~Q~ EQ1;~Qt~~~_ ~ The reasons th1S property should be removed from conslderat1on for low and moderate 1ncome hous1ng are: 1. The DWP 1S 1mm1nently f1nal1=lng a proposal for blds to develope th1S slte accord1ng to the spec1f1c plan. Any change of status could Jeopard1=e the tedlous. fourteen Y8ar struggle. to slgn an agreement w1th The Los Angeles Department of Water and Power. ,.., The DWP 1S a powerful publlc entlty and 1n the past has . threatened to leave the property vacant 1f not presented w1th a satlsfactory development plan. If The DWP property 1S lncluded In th1S IlSt of low 1ncome houslng sItes they w1II have to be 5.9.90 Su.-b~ ~CL \he \<.e-~ ~ Gcc-d-00 s,~~~ 1nfo~med and th1S may ve~y well 1mpa1~ the C1ty'S dellcate . ~elat1onsh1p w1th the DWP. ~. If the p~oposed 11stlng of the DWP slte 1S app~oved the spec1f1C plan w1II have to be mod1f1ed. If th~ee ac~es of low and mode~ate lncome hous1ng ~eplace the ~evenue p~oduc1ng hotel. page 65 of Hous1ng Element. the Spec1f1c Plan becomes totally unwo~~able. The Costal Comm1ss1on placed the DWP p~ope~ty on ltS h1gh p~lO~lty IlSt fo~ publ1C use because of a pe~ce1ved publ1C need. Low and mode~ate 1ncome hous1ng 1S also a pe~ce1ved publ1C need but ce~ta1nly not the total end all cons1de~at1on as set fo~th 1n the Hous1ng Element. 4. Eve~yone ~nows 1t 1S not p~act1cal o~ feas1ble to bU1ld low and mode~ate hous1ng on the DWP p~ope~ty. Why ~lS~ . compllcat1ons that can haunt LIS 1n the futu~e and be used as the bas1s fo~ Ilt1gat1on. The DWP p~ope~ty 1S too 1mpo~tant to be put at ~lS~ when not absolutely necessa~y. The San Gab~lel Pac1f1c Pa~~ Soclety than~s you fo~ you~ t1me and cons1de~at1on. The C1ty of Seal Beach 1S not gOlng to solve the p~oblems of low cost hous1ng fo~ the State of Cal1fo~111a. WO~~lng togethe~ we can develope on the DWP p~ope~ty a hotel-pa~~ compl e:: that w1II glve p~lde and benef1t to eve~yone. You~s slnce~ely. Ba~ba~a Rount~ee. P~es1dent Go~don Shan~s. Vlce-P~es1dent Ida Seny~. Boa~d Membe~ Geo~glanna B~own. Boa~d Membe~ . Ca~la Watson. Boa~d Membe~ r\. SUGGESTIONS FOR MODIFICATIONS TO THE DRAFT HOUSING ELEXENT The following user friendly statements should be added: 4It 1. Utilization of State and Federal Assistance Programs The degree to which the City of Seal Beach may participate in State and Federal housing programs is constrained by the nature of those programs, eligibility requirements and funding limitations. The high cost of housing in the City is a deterrent to the use of certain programs, e.g., Section 8 Existing and Moderate Rehabilitation, CHFA Direct Lending, etc., by private developers/property owners. This is due to the relatively low housing costs <purchase price or rent) permitted under these programs. Local population and housing characteristics, e.g., lack of physical blight, and households below poverty level, limit the City's ability to participate in some programs. In addition, recent reductions in funding levels also represent an impediment to the utilization of these programs. 2. Regarding goals and policies, we suggest the consideration of the following: A. To endeavor to make adequate provision for the housing needs of all economic segments of the community. <We suggest this goal as a replacement for Goal #1 on page 51 of the draft Housing Element.) 4It B. To assure that all housing in the City meets the minimum requirements for a standard dwelling unit as set forth in the applicable provisions of the City's building and housing codes. <This statement is similar to Goal #2 on page 51. And, my be more appropriate as a policy statement). C. To promote the conservation and rehabilitation of older neighborhoods. D. To improve residential environments through the provision of adequate public facilities and services including streets and parks as wee as water, sewer and drainage systems. E. To aid all citizens of the City, wherever possible, in securing decent, safe and adequate housing in neighborhoods which are characterized by good environments. F. To provide an environment which is safe, healthful and esthetically pleasing and which tends to strengthen individual and family life. G. To preserve and enhance viable residential neighborhoods and strengthen neighborhood identity. H. To provide the imPetus for orderly development of adequate, safe and sanitary accommodations for all citizens of the City. -1- 4It 5-2_qD . 8..cb~d {yo-c tb ~~& ~ ~~, I I. To provide assistance to those in need of securing or ~intaining adequate housing~ 3. With regard to policies, ~we suggest the following be added: A. Ensure the compatibility of residential areas with surrounding uses through the separation of incompatible uses, construction of adequate buffers and other land use controls. B. Ensure that all residential areas are provided with adequate public facilities and services. C. Ensure that adequate, freely accessible open space is provided within reasonable distance of all community residents. D. Direct the construction of low and moderate income housing to sites which 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, t - minimally impacted by noise, flooding or other environmental constraints, - outside areas of concentrated lower income households. ~ 4. ~We suggest the following priorities: As previously indicated, the ability of the City of Seal Beach to aff~t local housing needs is liDdted by the resources available for thlapurpose. These resources include land, enabling legislation, political leverage or housing expertise, and funding. Local go~rnments in particular are constrained by the availability of f~ing for housing-related activities. ; In order that available resources are used most effectively. th~eby maximizing the benefits derived therefrom, a prioritization of lo~l housing needs is essential as a guide in distributing those resources. Therefore. where conflicts may arise in the implementation of the housing program set fort~ herein, the City shall allocate its limited resources on the basis of the following priorities: Priority 1 -- Bxpansion of the local housing Bupply in terms of both market-rate and affordable housing. -2- I Priority 2 -- Maintenance and improvement of the existing housing stock. . Priority 3 -- Preservation of existing affordable housing opportunities. 5. Safeguards: We recognize that adoption of the Housing Element does not approve a specific project or change the zoning. And, the adoption of the Housing Element does not commit the City to approval of higher densities to be studied pertaining to the Hellman and Bixby properties, and Old Town. However, we have some additional suggestions to safeguard the existing raw land in these areas. We suggest the following wording be added to the Housing Element to protect from possible problems: A. "The power of eminent domain shall not be used by the Redevelopment Agency outside of the redevelopment project areas to acquire property." B. "In the event a section of the Housing Element is in conflict with the Land Use Element, then the Land Use Element shall serve as the controlling document." C. "Nothing in this Housing Element shall be considered to permit greater residential densities than permitted in the Land Use Element of the General Plan." . D. "Nothing in this Housing Element shall be construed to permit the development of residential units in an unsafe location, or permit the development to exceed reasonable environmental and traffic carrying capacity constraints." E. Finally, we suggest adding the following wording as a footnote to Table 20. "The satisfaction of these objectives would be possible only after the completion of public hearing to determine the appropriateness of such development on environmentally sensitive sites. The satisfaction of these objectives would be possible only after conducting public hearings to determine the appropriateness, benefits and costs to the community, soil contamination problems, air craft hazards, traffic, and other negative impacts of redesignating the Hellman Remainder Parcel, Bixby property, and other land resources for uses including residential, open space and park." - 6. Finally, as additional explanation we suggest adding the attached page to the background section of the Housing Element. -3- Rullo --Forsythe . . In S~al Beach the land prices are extremely high in comparison to the inla-~ communities of the housing market area Home prices reflect not o~l the value of the actual shelter but the willin ness of the ren~e~s and homeowners to a more to live near the beach ex erience less s::no en 0 a "small town atmos here" and have convenient access to the 22. 405 and 605 Freeways Please note that the median income of households in Seal Beach is not Si~c~:lcantlv different than Oran e Count even thou h the cost of hous:r.~ is hi her in com arison to most non-beach communities The reaso~ for this difference is that Seal Beach residents are willing to pay meTe for a dwellin (which would be chea r in a non-beach commu~~t ) because of the extra amen~ties found in the communit Thus. affordable housing in Seal Beach is not as attainable for low income persons in com arison to non-beach communities unless overnment is willin to attem t massive housin subsidizes or 1m Ose si nificant ro rams of redistribution of wealth to ermit less afflue~t persons to live at the beach When more affordable land and shelter is available at locat1ons in the abuttln~ housin~ market area the subsidiz1n of live in a more ex ensive house nearer the beach issues to both government and citizens The uestion is should a munici al overnment of a beach communit such as Seal Beach be ex ected to finance and romote new construction .Of c~e:lings at relatlvely ~reat expense in relatlon to less eXPens:ve1 riced inland areas in order to ermit low income _ersons to Ilve next to more wealthy persons (or persons willing to spend a higher percenta e of household income for not on1 shelter but significant amenities) in a beach community. Rather than attem t to create housin for additional "ver "low" income ersons on land as ex ensive as $50 to $100 er s uare foot of lot area in Seal Beach. it would appear to be more economical and better use of limited resources for all levels of government to promote/subsidize such housin in non-beach Communlties with land prices starting as low as $8 per foot. would a ar to be for beach cities such as ro rams to maintain existin affordable ort Federal State and Count ro rams of housin roduction for low income ersons at locations of less ex ens1ve land and nea~er centers of blue collar employment In this manner, subslaies and land cost write downs to create housing for low income persens would be more likel sent for ade~uate, safe and sanitar hous:ng rather than a partial subSidy for beach amenities . Ie !TAtf Of CALIFORNIA CroRGI DfUKMfJIAN. Gcooo7,."", DePARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT Local 'ssistan~e and Rev1eW Section 921 Tenth Street, Room 601 Sacramento. CA 95814 (910) ~24-8652 ~ June 1988 To Interested Persons From: State Department of Housing and Com.mumty Development e To assist local1ties in their preparation of housing elements (required pursuant to Government Code Article 10.6t we have compiled the attach.ed questions and nnswers The qUl.?stions are those that have been asked roost frequently by local governments or thnt have arisen durmg the Department's revtew of housing elements. This information is intended to. provide aSSlstanCQ to local governments, the information and examples are not binding and do not constitute formal guidelmes or regulahons regardmg housing elements We welcome the opportunity to discuss these and any addltiot\al queshons you may have. Please contact our local Assistance and Review Secbon ct (916) 445-472e r~' I , s.C{. erQ ~6~e.d t=;;(L n-.e Re.=~ ~ ~~~ C=YV 5Z99ECE91& I C).l 131 I'\a AlINn...n,.():) E}.IISroH laI tt> It>t El6 .-&0-"',~ ---.J Zed cU.et:l '- '. . ~ , ( f:l3d 1.l.01:1 HOUSINB ELEMENT QUESTIONS ANlD ANSWEIRS TABLE OF CONTENTS EACaE I. Housing Element Update and Perlodic Review 1 n. Asse~sment of Housing Needs, Resources, and Constraints 4 m. Goals, Policies, and Quantified Objectives 16 IV. Housing Programs Introduction 18 V. Speclfic Housing Program Requirements 20 VI. Additional Requirements for Jurisdictions in the Coastal Zone 33 !;C9~Cf:916 : CN l31 t'lO,u I Nn.Jl-!)) 9-l I sroH' m cv : l7 't I::E. -60-l.tI.~ Of. . . ~; :. = = HOUSING ELEMENT QUESTIONS AND ANSWERS = :~ I. HOUSING ELEMENT UPDATE AND PERIODIC REVIEW Section 65588(R) provides tlult etJch local 80tltrnment shttll mlleW ,16 housing element Q5 frequ.ently ItS "ppTopTlaf' to stJllluate th, follewmg' -' The t:~ctivene$s of the housing element in attainme1ft of the commumty'i Iwusing goals and objectives ., Th, appropru,te1tess of the hou#tttg goal" objectives, and poricles in contributing fo the tathainment of the stAte housing goal. " TIu progr." of tJut cily, county, 0' cfty "nd county, in ;mplement.t,on of the hOUSIng ,l,m."t. Section 65S88(b) states that "the houstng element shall be revised as appropnate, but not less than every five years. to rett.!ct thQ results of th1s PQriodlc review " ~ Why It the periodic review Important? To tad11tate an Qff<<tive update of a housing element, the statute requires a periodic NvUilw and evaluation 01 the element. It further require, that the hOU9ing elmnent be revised to reflect the ~lb of thi! review. Most local1ttes have found the l'eYi~ and evaluation of the prevIous element to be an important Arst step in the update process. Such an evaluation should include the following. 1. A review of the actual results of the previous element's goals, objectives. policies, and programs. The results should be quant1f1ed when! possible (e.g_, rehabilitation results), but may be qualitauv& where nec:esaary (e 8" mitigation of governmental constraints) (Section 65588(a)(2): "Blfectivenees 01 the element") 2. An analysis of the significant differences between what was prOJected or r,lanned in the prevfoU5 element and what was achJeved CSectlon 65588(a)(3)' 'Progress in implementation'') 3 Based on the above analysis, a description of how the goals, objectives, poliCies and programo of the updated element incorporate what has been learned from the results of the previous element. <SecUon 6558S(a)(t}; "ApprOpnab!MSS of goab, objectives and pohcleB" ) PAGE 1 - HOUSJNG ELEMENT QUESTJONS AND ANSWERS vEld L.l.01:1 SC9~~916.0\I l31 I'la AlINn..JI.JJJ ~ISroH aI (v 171 ~.-60-^l'iJ '. The results ot the above analysis should be included in the updated housing element (S~tion 6S588(b)) . What Is an updated ..ement a.peeted to contain? An updated element, like any housing a1ement adopted after October 1, 1981, must comply with the substantive requirement' of current housing element law (Article 10.6 of the Government Code, comprised 01 SectioN 65580-65589 5) It should include and reflect an evaluation of the existing element according to the above statutory criteria. The evaluation should cover the goals, objectives, and policies of the element, and its progra~1 on which the implementation, progress, and effecUveness of the element depend TM provision of sites is also crucial to the eIEechVeilNtS8 of an Q1QD'Ulnt and should be evaluated. . In adchtion, an updated element should incorporate a new planning period and 11 necessary, a revision of the goals, objectives, policies and prograln5 of the element "to reflect the results of this perlodlc review." 11us should include: a An updated housing needs analysis, to reflect changes in the local housing situation 5ince the last element This needs analysis should be based on census data or other recent available data Each localIty's alement should also con tam housing needs pro)eetiol\8 which include a regional share allocation by the local Council of Governments or HCD, or based on an HCD-epproved local methodology. o An updated Site Inventory CI RQvised objectlve; and programs to reEle<:t the new needs aIUlly,~ and evaluation of previous objectives and programs. o An updated analysis ot governmental constraints A When should the houllng alement be reviewed and revl.ed? The statute requires periodic: review of the housing element in order to detQrmine whether a revision is reqUIred prior to the five year revbJon requirement. If the locality determine, that one or more of the following conditiON exist, it would appropriate to revtse the element. o The stated housing goals, obJectives and policies are not effective in providing houaing for the exishng and. proJected needs of all economiC segments of the community. o Housing units are not being produced In adequate numbers and. at the necessary price levels to achlev~ thQ 8tat~ houlmg goals and quantified objectives PAGE 2 - HOUSING ELEMENT QUESTIONS AND ANSWERS 5EId l.lRll; SC:;l~Q..:n: 6 : CN 13J. ()CI,l..l I rn.JI-DJ 9-l I srDH : CII J;'l7 .171: E16. -60-At::t<l '. IJ The implementation of one or more components of the housing programs has failed to proceed in accordence with the five-year schedule of actions, and thus the quantified housing obJectives are not being met o Housing needs data and assessment, mcluding census figures, resources and conatraints, community goals and policies, or thll houalng program, including the aval1abUity of government financial aSSistance, have changed significantly enough to render any portion of the housing element inaccurate or inappropriate for guiding local actiON ... What Is the difference between a housing element and a housing element amendment? . Section 6558S(b) .tates that "the department shall re-view drafts submitted to It and report ib lindinp to the planning agency Wlthm 90 days 01 the reaipt of the draft in the case of adoption of the housing element pursuant to this article, or within 4S days of receipt of the draft in the case of amendment .. In performing ita revlew, the department will eonalder the initial hou:nng planning document that IS prepared pursuant to the substantive provisions of AItide 10,6 to be a "housIng element", even where the Jurisdiction previously adopted a housing element pursuant to 1977 HOUSln8 Element GuidC!lines or any other standard Subsequent to the review of that document, any reVISions to the element wt11 be considered. to be an amendment. PAc;& 3 - ~OU$ING ELEMENT QUESTIONS NI/O ANSWERS g~ )J,I.l'l1:t ~~~Cltl=, IrN -r-ll I"IfT J..I T'-In.lI.n'"\ n-ncmu II'T! _ tbT Cll:. .-Ca_.u.u '. . ~ L II. ASSESSMENT OF HOUSING NEEDS. RESOURCES. AND CONSTRAINTS A. PROJECTED HOUSING NEEDS Section 65583(4)(1) states that /I housmg element shall conta.n "lln analysis of popultttio1l '1Id cmplqymcrtt trends and documentation of projections ,.nd tz quantiftcllticn of thl localIty', exIstIng and projecttd needs for "II rncome levels Such existmg and projected needs 'MIl include the locality's share of the regional housing need in. ~CordQ1lCf with Sldio1l 65584 " . What constltut.. a locaDty', .hare of the regional hou.lng need? Under Section 6"84 of the Government Code, the local councll of governments (COG). or in its absence HCD, Is responslbl@ lor cakulatlng a localtty's shar@ of thQ regional housing need.. At a minimum, the COG should provide the jurtadlction with fivQ.YQar naw housing construction allocations by income level, beginning on the appropnate statutory update deadline, and an estimate of the existing housing need Oi&ted in Section 65588(b)). The coe typically conild.ers population and Qmployment projections m Htimatfng future needl as well as the availability of SUltable housing sites In an opinion iaaued September 27, 1987, the Calitornia Attorney General stated that "the availabllity of suitable housing sites must be considered based not only upon the existJng zoning ordinances and land use restrJctions of the locality but also based upon thQ potenUal lor JJ\Cf'eillled ruidentlal development under alternative zonlng ordinances and land use restrictions" [Opinion" 87.206J The share of regional housing need recognizes that housmg markets are not defined by dty or county boundaries. and that actions ot one local agency may have an impact on the need for hOUSing within anothgr )W'isdiction The following hOWlehold income clN,ification, are utilized. o Very low - not exceeding 509& of the area median income Q Other Lower . between SO% and 80% of the area median income a Moderllte - between 80~ and 120% 01 the area madJ.an Income Q Above moderate. above 120% of the area :median Income These income groups are consistent wlth the defInitions of low- and moderate- income househol~ u5ed in various federal and State programs <e.g. federal Section 8, or State density bonus law (GovernmQnt Code Section 65915)). Attorney General's Opmlon #87.206 aJ$o concluded. that regional housing needs determinations must use these income categories. The advantage 01 these definitloNl fa that locaUties may be better able to compare the needs to ava1lable program re.Joun;es. PAGE 4 - UOUSJNC; ELEMENT QUESTIONS AND ANSWE/?$ .!.0d .!.l.l1lt:t ~~gs;:~9l6'[}.l 131 M .1J.INf1.JI.[):) ENISroH'aI b'P'vt la6.-6e)-.l-l:::\oJ '. . I ~ I A May a locality leduC. h .har. of the regional hOUllno need? No, except in llmitGd ~lrcuml1tances Por a gO-day pAriod after the COG's determinanon b.e., adoplion) of figures, Covemment Code Section 6S584(c) allows a local government to revise its shAre of the regional hou"ing need Such revbiON must be justlf1ed by available dllta and accEpted planning methodology, and supported by adequate documentation The a:x; or HCD must approve or reject the revisions within 60 days. A local revision must be mcluded in the houilng element, with an analysis of the factors and circumstances, and all supporting data, justifying the revision If the reviSion has been disapproved, the hOUSIng element mU$t a150 mclude the COG- or HCD-determined figures Following this statutory 9Q-day period. the figures may not be reduced by a local1ty. . Mutt the element Include a poS)uJatlon and emplovment trend analYl1s ? In most instances, the regional share growth increment represents the future housing growth for the locality. If the regional share allocation. which is made by the COG or HCD to the lOCality. does not take Into account recent factors of signlflcance (such as ann~xatlons, the adoption of a l'eclevelopment plan, or the opening of 41 new business park) the locality should analyze the impact of such occurrences on its total projected housing need In order to determine whether the locality should plan for additiOJ\&Sl growth through chilIlges to its quantlfled objectives And/or programs. A How should a local agencv addre.. demolitIons, eonver.lon. of apartments to condominiums. and the poulblA conversIon ot tederallv lubaldlzed low-Income hOUSing to market rat. unlt.? Locabtin may find it useful in developing their houalng programs to analyze the impact of conversion of apartments to condominiums on the locahtyts stock of affordable hou&lng. Since mAnY unib renwn u rentab following conversion, effective evaluation of the impact of conversions depends upon a case-by-case examination by the affected locaUty. Localities may also find it useful to document hou51ng demolltio%\$ through both redevelopment and private sector recycling in order to determme the extent to which existing affordable housing is being depleted. SImilarly, In localities where federally subsld12ed low-mcome housing e)(Jsts, local govemmenta may find It useful to determine the anticlpated expiration of the subsidy or possible mortgoge prepayment in on;ler to analyze the potential Impad of the loss of thls hOU$jng resource. The locallty may wish to d&velop a program to address the potential or actual loss of SUbsldlZed housing units Legislation signed In 1987 (Chapter 1383) requirQS at least 8IX month& advance notice to local governments where federal financial assistance for multi-family rental housing is to be temunated or prepaid. P,,"SE ~ - HOUSING ELEMENT QUESTIONS AND ANSWERS 81ad ,l.lJ2U:t ~~~g't 6 : CN 13.1 t"la.u I NrLllJJ:l 9\l I SroH : a I 911 : t.t as. -6ltl-)..1::lJ . . . L I. EXlSnNG NEEDS Section 65583(1J)(2) stRtee that the housing element must contain an "tUl121ysis o.l1d documentation of hDflSthold characteristics, Including level of payment compflred to Alnldf. to ptty, Mu"ng chll'llcfemfiet, includin8 owrcrowalng, And hDus;ng .Iock conddion. " . What cONtlMe. an adequate 'anaIV"'?' An adequate needs analysis should tnclude the folloWing: · A quantification of the total number of persons, households, or umts m question (e.g., 600 elderly hOUBehold&). · A qwmtifiastion and qualitative description of the need For instance, tn the example lIsted above, of the 600 elderly householc1s, census data reveals that 400 afl! hOl1\QOwners and 200 are renters and that 250 of all elclerly households have incomes below the poverty level A quahtative description of the need would inc:lude It de&Cription of the potential hou&lng problem, faced by the group in question For example, the analysis of elderly need might determine that an estimated 30% of the elderly households are below the poverty lavel ~d live m housing in need of rehabilItation Many localities have used information supplied by aubsidizad housing providers to supplement thi& analysis with information from waiting lists, descripHon& of household characteristics, 4!nd income and coat estimates · IdentiftaUon 01 potential solutions. and ~urcfi. Where a serious unmet housing need 18 ldentiEle~ programmatic re5pon5es should be provided. . How otten .houla needl onoty... data b. updatod? The most recent data should be used lor all neec:lg analysi&. If the only available data no longer reflects the current situation, the data should be updated using a recognJzad methodolosy For example, 1980 <<MUS data can be updated by a straight.Une projection and current.year OOF data. Housing condition Wonnation can be updated by a windshield survey. . What Is rwqulred to compare level of payment with ability to poy? In companng level of payment with abiUty to pay, the number of lower-income households (those at or below 80% of the area median family income) who are overpaying for housing should be quantified. The locality may also wish to compare fo~sa1e and for-rent cost dlstributlons to the income d.lstr1butlons of households in the community. Various houaing programs define overpayment in te1"D\8 of a percentage of grO$:S household income expended for housing Twenty-five percent of gross PA(;E ~ - UOUSJNG ELEMENJ; QUGSTIONS AND ANSWERS 60d 1,~1:J 5~9E~9l6 . Q\l"13.L no Al I Nn.IWJ:J EN I SroH ,a1 l,li' .Vl EE. -60-^~ . . ~ , household income has been the traWl10nalleveL and is the level used in State programs, while some federal programs use .30% of adjusted. groa 1:ncomlil.. Either of these levels ba a~ropriate lor use in the locQlity'. housing element The element .hould. specify tho alfordabiUty level U&etL and should describe how the figures were derived. .. WhClf other "hou..hold Gharac;t.rlatlcs" ahould be documented and analyzed? Q Total number of households In the c:ommumty Tho Department of Flnanco COO F) preparet annual populahon estimatea including population, households and dwelling unite o Tenure characteristics (number of renter and number of owner households), where available. .. What "houlln; charact.rI.tle,' .hould be documented and analyzed? a The mcidem;e of overcrowding in the community. Q The total number 01 housing umts in the community D Tha number of substandard units, both thosa in need of repair and those in need of replacement Sourcllls to determine the number of substandard units include It recent (last five years) windshield ,urvey or sampling, ~timat~ by the locAl building deplIrtment, knowledgeable builders, nonprofit housing organizations or redevelopment agencies, updated figures trom a HUD housing Assistance Plan; or esbmates derived from census data such as percentago of Ul'liUi built bilof'Q 1940, which am serve as an estimate of maximum rehabilitation need. Because of local circumstances. the locality may wi8h to analyze these other household and housing charactertstlcs, as well- a Di&bibution oE units by hou&ing type (e'8- single-family, multi.Eamiiy, mobilehomett), a5 well as changes in that distribution If data are avaUlIble, the element may abo mdude the number of condomlntunu among multHamlly units Q Annual for-sale, for-rent, and overall vacancy rates; a Age of hous1nS stock. A How la overcrowdIng defined? The Census, which dermes an overaowded unit as one occupied by 1.01 perso1Ul or more per room (exrludtng bathrooms), proVldM estimates of OV6U'ctowdina for each loc:ality A Iocahty may (haOM to utilize other mothods to determine the ~tent of oVeI'(rowding in the community (e g., estnnares of overcrowding ba$ed on UniJonn Bwldlng Code $tl)ndarcb) If a locality chooses to develop Its own estimate$, the methodology used should be explained. in the element PAGE 1- HOUSNS fLfMfM" QUEST10NS AND ANSWERS l2l'td u.l2ll:t ~~cr9t6 : CN 131 M.u I Nn.n.DJ EN I sru~ : aI 8t1: t.t l2l6. -6l2l-.l.1:Ll . Co LAND INV&NTORY S,ctiOtl 65583(11)(3) 'lIIu,re9 "In. i1lf1tmtory oj land suitable for ~8idtntial development, including f1l1oznl eites and ,des having prntntud lor redevelopment IInd an "nalysi:J of the rell1ti07lship 01 zOning and public facilities and smlces to these sitts." & What II the purpose of the land Inventory? The purpose is to identify sites suitable for residential development in order to compare the total holding capadty with the locality's new construction need The locality can then determine if additional governmental actlon5 are needed to provide enough sites to accommodate ita new construction need (as rlKJUlred by Section 65S83(c)(1); .ee p 21). Sites not presently planned and zoned for residential use may be incfuded In the inventory if they are othel'WlSe suitable for residential development. .. Whgt land II .,ultable" for residential develOpment or for redevelopmont? . l.And "suitable for residential development" has ~hara.deristic8 that make the sites appropnabl for hOU&ing construction, such liS physical/eature& (freedom from fIood.ing, seismic huard5, and :slope instability or ero,ion), ilnd location (proximity to Jobs, community services. and shopping fac1l1t1es) WhJle it iJl appropriate tor the inventory to emphasize vacant sites, it is also appropriate to Include developed altas which are SUItable for tocycling or redevelopment to residential and/ or higher density residential use during the time frame 01 the element Examples include underuhhzed relddential umd. publicly-owned surplus land, aging nonresidential uses that may be suitable for recychng to residential use. and areas wtth mixed-use potential ! ~ A What conlfltut.. an .cnoJya'. Of the relatlonshJp of zoning" to these sites? The analysIS of the relationship of suitable sites to zoning provides a means for determining the realistic number of dwelling units that could actually bQ constructed on those sites WIthin the time frame considered by tha hOU$lng element Accordingly, the analysIS would reflect Q Comparison 01 general plan land use designations with the zonlng ordinanc~. a Present zoning and existing/proposed mfrastructure capacity of SUitable SItes. I o Actual densitioe of recent residential developments, compared to their /loned maximum densities and the clelUlties Initially propO:!led by the developer. The inventory and analysis will allow the locality to cletermmQ whether current zon1ng and denSity polides wlll make sufficient residential land available to accommoclate new construcUon need5. If the inventory i8 deficient in this respect, PAGE (J - HOfJSIN9 B.lMENr QUf$17ONS AND ANSweRS L. nd o:!.l,01:I ~9E~916 . CN"13J. no A.L I Nf'loMJ:) 9'/ I SI"DH . aJ 6t? . t?l EI5, -60-A~ . . . the locahty should determine what speclflc= ac=tion&1 such as modification of zoning, may be appropriate to improve the availability of sites at needed densities <Sectlon 65583(c}(1)). A matrix format has been used by a number ot localities to present tIus informahon. Tabl. 1 is an Q)(ampl. of such a matrix rob.. 1 INWNTORV O~ RESIDINTI.lL LAND AVAIlAILI Zoning (d.u./acre) Vacant Acres [).vellng !)lit Potential Very Low Low Moderate High .. What conafltute. an "analyala 01 the rek:rtlon.hlp of public; facilities and ..rvlc.. to these lites?" The analysis is a means for systematically detemunmg the avallabiUty of ti8Q1\lial public faclhtles and servlCQS (such as .ewer ana water sYlltem tnmklin~ "nd treatment facilltle&, roads, and drainage facilities) on sites identlfied for residential development, induding existing capAcity and capacity that will be provkled over the tune Itame of the element. Through thb analYSJs, the locality wUI be able to identlfy where tac1lltl.es and servtces are lacking, and then to ldentlfy actions which w1ll permit the developmmt of SuffiC1ent wuts to meet tho housing construction objectives ... Whot time frame Ihould be u.eclln Identifying land suitable lot residential UN? The housing element should identify sites suJtable for residential development wtthin the element's overall tlme frame (umally fiv~ yul'$). .. DOGln" ''''. land u.. .'ement 01 .". ;enerel plan contain the nec...ory Information to compl.t. the sit. Inv.ntorv? The land UN element will probably contain some, but not alll of the informabon ne<:e8Ml'Y for the housing element land inventory. The land use element usually identlftes the proposed general distribution and location of land use over a ten- to twenty-year time frame. The purpose of the site mventory, however, 18 to provide a currgnt and comprehensive analysi& of sites 8wtable for ruidentJal development over the houslng element's shorter time frame. PAGE 9 - HOUSING ELEMENT" QUEsnONS AND ANSlNERS 2:1d ,-l.01:t SG99f~916:0-I l3.1 ()O A..LINra.JIoll:) ~IsmH:m 0S :171 1?6 ,-60-)'ti<J . D. GOVERNMENTAl. CONSTRAINTS Section 65583(4)(4) Btatts that the housing element must contam Aft "lInAlysis of 1'of,,,fiat and adull! gOtltf'71Huntal ~t".str4.{1ftl upon the maintenance, improvement, or development of Musing for all income levels, includmg land we controls, building COdtl8 .nd their '"forctf1U!1If, site i"'provements, fees Rnd other eractions required of dmloper6, and local proCt$sing and pennit pTOCtdures. /I A Sln~ oil IOCOf gov.,nm.ntClI control. ore presumed to helve been enacted to furt~r the public welfcl,., how does a locality determine what Is an unwarranted conltralnt? Although local ordmances are enacted to protect and further the general welfare, it may be useful to periodically reexe.mine local ordinances and policies to determine whether, under current conditions, they are Accomplishing their intended purpose Such an examination may reveal that in practlce the ordinance or policy may contain excessive performance standards and is 50 restrictive as to operate a& an unwarranted constraint. Where such unwarranted constraints are identified, the element should include program responses to mltipte the effects of the constraint (see page 30) . ... May the element analyze only constraint. to new conmuctlon? No. The housing element should also examme any local poliCies or practices which dater building maintenance or improvemint, which may Include fees and permlt processing times for room additions, garage conversions, rewiring, plumbing modifications, etc. For example, Health And Safety Code Section 17980Cb)(3) requires local enforcement agencies to consider needs expressed in the houslns element when dectdlns whether to require vacation or repair of a subetandard dwelling If a local agency does not hav" a procedure to implemgnt this requilement, the mcuntenance of housing could be constrained. In add1tion, the Jurisdictlon's presenratlon or code enforcement program may unduly penal:l2e oldel' dwellings bunt under Jess clemandlng codes ZonIng may also discourage preservation in, for example, older multi-family zoned areas which are developed at singte-&muly densities. Contmuance of mulh-famlly zoning may encourage demolition to take advantage of higher densities, even though the existing stock is In good condltlon (Conversely, in deteriorating single-family ~oned area, exiat1ng 20mng may discourage recychng and r.tnYMtmant.) 11 . PAGE 10 - #-lOUSING EUMENT QUESTIONS AND ANSWERS t.t...! ,U&ltl t;l29~~c:na=. I a.l ':::ll /'\(T J.. I T t-JruL.n"'l ~".JT !::ml-lIlTl YC:: I ~T ~. -a=.llI-J..1-fJ . .. Whot pollel.. or condition. .hould be analvzed a. potenflal governmental conatrCllnts? The element should analy:te the following polioes and others as deemed .pproprlate by the locality. Each analysis should U5e spedfk objective dilta, quantified where possible A determination should be made lor each potential constrmnt as to whether It pos. an actual comtralnt In the locahty Actual 03nstraints should be addrCl8Yd in the houdng program (sQQ p. 28). . o Land Use Controls' 20mng (e-8 density. parking requJrements, tot coverages, setbacks), growth controls, open space Nqu!rmnml:s, stc o Codts and En/orummt: any local amendments to the State Houslng Law or Uniform BuUdtng Code, degree or type of enforcement For example. a 5trl.ct code enforcement program or a code amendment wh1ch spectfles expen.lve matirlals and/or methods can pose a significant constraint, o On- And off-site improvement requirements: fer example, street widths, curbing requirements. water and sewer connections, Circulation improvements, ele C Ftt8 and adctions: permit Itea and land dedication or other requirements imposed on developers. Q processtng an4 permit procedures. typical pernut processing times, .tlU'\dard approval procedures Some localities have found it useful to ako examine their pollCle' regarding: o Utilization of fideral and state housing and community development programs. IJ Avallabillty and capacity of local pubhc services and infrastructure. P"GE 11 - HOUSING fLfMfM QUESTIONS AND ANSWERS l;;td uiati- l;;~~5:9l6'o-J 131 I'la AJ.INIlJI.[):) ENIsroH'aI ~:ll't liil6.-6lil-At:l.J . . ~ E. NONGOVERNMENTAL CONSTRAINTS Section 65583 (a)(S) requires that housing elements an(dyze "potenhal find actual nongovernmental constraints upon the mil1ntenllnce. improvement or dttltlopmtnt tJl housing /0' all incomt lltltI" lHtlu.dufg tht Qvailabihty of finanCIng, flu price of IIlnd, Rnd fh, c08f of conslruchon"," .. If governmental constraints are those faetors which IocaJ government. eon control or Inftuenc8, then by ImplIcation IocalJtles have no control over nongovernmental conlfrolntl. Why Ihould thAY be analyzed? An.ty.zlng .pedftc local hou&ing coat components, including the cost of land, cost of construction, and availability 01 financing will a5!i&t the locality in developing hOtaing prO!P'lIrn, that are respONive to the particuw ~DmhtiOJl5 present m that locallty. Por example, the required analysis of the avaUabUtty of financing is intended to indicate whether there are mortgage denClent areas (or underserved income groups) in the community Knowledge of this will assist the commumty to select and implement responalve housing programa $uch a, mortgage revenue bonding, a mortgage credlt certificate progra~ and targeted low-interest rehabUltatlon loans. .. What facto,. .hould be contld.r.d ancl analyzed (It pot.ntlol end actlolgl nongovemmenfol conmolnf.? The element should analyze these factors as they apply to the locality, and others M appropriate; the price of 1an~ the cost of construction. and the avallablUty 01 finandng In looking at the price of land" it may be useful to eatimatQ the average per unit (ott of land, or the mnge oE costs for parcels in both einSl~Eaml1y and multifamily zoned areas rorrenUy being developed. The anAlysis of construction CO$t& should lOC:1J$ on the total ~05t to the developer, exclusive of profit, but including land, tees, material, labor, and ftnanctng An analysu of thE! availabUlty of financing should consider such factors as whether financing as generally available, whether interest rates are slgniflcantly different from ,urroundmg DreM, and whether there are mortgage deficient areas in the community for new construction or rehabUitation loans, PAGE 12 - HOUSING ELEMETVr QUESTIONS AND ANSWERS 9ld'-l".!.01:t . 5~9E~9l6ICN"13J. f'la A.l.INn.J~:> EJ..lISrDH1aI EEI~l El6.-6el-A~ . . . I F. SPECIAL HOUSING NEEDS SICtiON. 65583(A)(6) 'eqwiru 4" "4",lyms Of Rny speaRI Musi"S n4eds, BWch itS those of the ha"d.CttppeJ, elderly, la,.ge fratttilf~1 !afflfworkers, fratttiltes w,th fetttitle heads ot MU3eholds, and familles ,lnd persolJB in need 0/ emergency shelter." A Now do .~101 hou.II'\O nMd. differ from other houllng ""d.? Spcdal needs arc those associated with relatively unusual occupational or demographic groups, such as farmworkers or large families, or those which call for unusual program responses, such as preservation ot residential hotels or the dQVQ}opmanl of four-bQdroom apartmQ1tta ... Why Is thl. analyll.lmportant? Housing element law requires local1hes to make adequate provision for the existing and projected needs of all economic segments of the community. A thorough analysis of special nNds groups wtll ass1st W locality 1n ldBntlfylng those groups with the most serious needs in order to develop responSIve programs. I:'or example, a locality with a hlgh number of large family households could offer density bonuses to developers who agree to provide a certain number of 3- and f-bedroom units. .\. How eClI'\ a locality ~ntlfy Itt tp.CiOl "oulln; n4HKil? General knowledge 01 the community is a good ,tarting point Fo.. example, there may be a large retirement community, large household sizes With significant overcrowding, a major medical complex attracting hand1capped out~pat1ents, a nearby college; numerous trans1ents or refugees; a local economy with an agricultural base, The housing element should analyze the needs of each group spectfically mentIoned in statute A locality also may deem add1t1onal groups appropriate for examination. Th~ analysis should include a discuiSion of the ApClCial housing needs in the locahty of each group all wQ11 as qu<U\tlfkation of the need. .. How can th... .peclQl need. be quanttrled? Where the lOCality has a HUD-certIfied Houslng Assistance Plan.. Tables I and IT wil1lncUcate houslng condition by tenure, and the overpaymmt needi of lower- income lar82 and small families, the elderly and handicappod, and female-headed householda. Cen$U& data is ava1lable from HCD and the State Data Cmter which include statistics for each locality including the number of dderly, h&ndlcClpped, large lamUy, and female-headed households information on hOWling tenure and poverty status 15 provided for some needs groups The Srate Depanuutnt of Rehab1l1tatlon can proVIde lnfonnatlon on the number of disabled individuals. Local Soda} Secur1ty offices and social services agencies may be able to estimate the size of their chent groups The local State Employment Development ofhce P~GE '3 - HOUSlNS fLfMfM' QUESTIONS AND ANSWERS l.td .u.01:* 5~~~9l6.(:J'l'31 no AJ.INn.Jl<D:J 9'lISn:JH.OI E:5.~"t eE.-6l?l-A~ . . I . can provide estlmatu 01 agriOlltural employment by county Local counctla of government also may have data on special needs groups For estJmates of the number 01 homeless individw.Is or families within a communitYI . lOCAlity may consult local social servlce agencies, shelter providers, churchesl or the police de~rtment PAGf 14 - HOUSING ELEMENT QUEST10NS AND ANSWERS 8ld 1.l.01:t SC99[Cf916.O\j l3l I"lO MINf1.lVJJJ 9'-IISrDH:m I7S tol l1E.-60-Al::M " , " . G. EN&RcaV CONSEIlVAnON OPPORTUNlnES StCttOtl 65583(a)(7) requires thaI the hou$illg element contam tin HllrlltlYSI8 of oppqrfuniHe.s for energy conservation with f't:87'ect to n,idenhal dtvtlopment." . Given the ext.nerve reeeorch thOt hat been conducted on energv con..rvCltlOn, hOW much Information mutt b. Included In tn. hou.lng element? The purpose of this analysis is to ensure that the locality has considered how energy conservation might be achieved In re5identlal development and how energy conservation requirements may contribute to the affordabwty of units Following are examplu of local poUdM1 plansl and dovelopment 8tandar~ that have been successfulln reducing energy CO$t& or con,umption. . C Promotion of higher deNtty and. InlW development. o The activel constmcbvQ mUorcement by local building officlals of eXlS~mg state resJdential energy conservation standards. o Standards for street widths, landscaping of streets and parlong loti to reduce heat loss or prov1d.e ahada o Standards for energy efficient retrofits to be met prior to resale of homes Q Inclusion of energy conservation features in new and existing housing. . PA(3E 1~ - HOUSING ELEMENT QUESl10NS AND ANSWERS ,.-r I I I~W , """""ot"''''''''''T~ .n-I""t::I1 ^rT 1 I TIJM.n.n.... r:..lT~ml.l:r!1 c::c:.:bT ~.~-.lH.J . III, GOALS, POLICIES, AND QUANTIFIED OBJECTIVES Section 65583 (b) rtifuirBlS tluat fM housing element conM;n "" st"tement of ,he community's goRZ" quantified o"jecfi~eI, <<nd polic.etl ,",,"title fo the mrarnten4nce, improvement, gnd development 01 housing. II The Statute acknowledges thflt "the totQI Musing lUedS Ufentf/ftd may Ut:etd available resource8 and the community's abIlity to SQtfsfy tJUs lIwl unthin tilt contmt of the general plan. Under these c"cumsf4nc'6, fh, qwmt,/if4 <>bj,ctiv" ""d not be [Unfie.' to thl .dentified existing housing nteds but should tshlbHsh the mlUimum number of 1wuling units t1W can he con,tructed, rehal.,dit~tefi, ",.111 c,""ervea Otltr " title-year hme frwmt. " . 4 How do goal., po"~I.'1 and obl~tlv.. dfH.r? ~ are general ,tatement& 01 purpose. HoU&lng element goa1& wUllndicate the general d1rection that the jurisd1ction intends to ta~e wlth respect to its howung probJems. While reflecting Jocal community values, the goals should be consistent with the legislative findings (Section 65580) and legislative Intent (Section 65581) 01 Article 10.6 and othet txpreNions of state housing goals contained in the housing element law. Goals may extend beyond the time frame of a given housing eletnent. 1!olit:ulti prov1de a link between hOUill\8 80ala and programs; they gulde and shape actions takQ1\ to meet housing objective& (See Section IV on Programs) Ouantifled ob1echvt~ are the Inlxtmum iSJ:tui.'ll numben of housing units that the jur1scUcUon projects can be consbUcted, rehabUltated., and conserved over a live- year timl! framQ In order to more realishcally plan for the implementation of housmg programs, it is useful for localities to establish objectives for each housmg program whlch will be implett\ented during the time frame of the element Objectives may therefore be short-term in outlook compared to community's goals. . Whet.. Meont by maximum obJectlv.. for unit. to b. con"ruct~, rehCIbIlltat4td, and ~on..rv.d? The cqUdrllctiQtI ob)ed'lVe is the number of umts which potenhelly me)' be CONtructed oVlL!r the time fri.'lme of the element given the locality's land resources, constraints whIch cannot be mitigated or removed, and propQtQd programs The ltJrabiliw.liQl1 objective is the number of units expected to be rehabilitated during the time &ame of the element:. The c.07)se.r.rul.tlDft ob~tlve relers to the preservation of tho existing aUordablQ houalng $toc~ To determine the number of unitt to be conserved, a locality c:ould, for example, quantify the number of existing housing units that will be preeerved through the provision ot more $table zoning lor mobilehome pub or PAGE 76 - HOUSlNS ELEMENT QUES770NS AND ANS'tNERS <M ~U01:t ~~~916ICN"13J. na AlINn.lI4J:> !JIlIsroHlal 95W~ 06,-60-A~ . other affordable houe1ng type&. A hO\.l81ng element could also provide objedivQ6 for a localities parUdpation in weatherization programs or in the Section 8 prognun which preeervee the affordabillty of rentAl units . . How Ihould a locollty go about eatabllshlng 'maxlmum" ObJKtIv..? the setting ot maximum objectives (oUows a locality's work In tdentffy1ng its housing needs, su..rveymg its r..o~8S, and analyzing local c:omtramts This information provides the basis upon which the locality can select programs whkh addre$$ ita unique needs and UAch tu50nable est1JMtes of the maXImum these programs can accomplish. Ideally, objectives will be equal to identified needs Howev~r, the statute acknowledge& that when a locality has determined total housing neAds exceed. available resources, the quantified objectives may be leis than the total identified need. Under theae cin:wnstance9, the element ,hould tnclude the anal}'llb uaed to establlsh the maximum objectives. . A &lven Ilmtt~ ,.sources, how can a locality estabHsh maximum obJective' fOr all cOtegonet of need? For some communities, total housing needs may exceed the locality's abibty to meet those n~ An approach for deaUng with this problem is to target limited available resources to what the locality detemunes to be its areas of greatest need In taking this approach, it 18 important to recognize that emphasi21ng a particular objective may result in reducing another. For example, in a newar, growtng comntunity, development of housing af/ordable to future residents may be a greater need than rehabilitation which may be adequa.tely addressed through code enforcement Such a community may choose to use Community Development Block Grant (CDBG) lunda lor land wrftedoWl'tS to facUJtatQ new constnlction rather than for rehabiUtation loans. This would Increase new constructlon objectives, but may redut::e the rehabllitation objective LikeWlse, In some urban areas WIth a shortage of land, programs to maximize housing preservation may be appropriate, even though they might llmlt opportunities for the development of new housing . Why Ie It Important to ..tabllsh obJective. for oil Income group,? Throughout the &tatute (Sections 65580(b), 65583(a)(lt (a)(4)~ (a)(S), (d, and (c)(l)), emphasis is placed on m,eetlng the needs of Blllncome group' 1ncludlng low- and moderate-In~ ho~holds In devAIOp1ng prog1'am& to satli-fy the need.8 of all income groups, localities may find it useful to quantify objectIves by income sroups. Similarly, the loc=aIity may also wi.h to estabhsh objectlves hy tenure (owner and renter), and type 01 household to be benefited (e g., large famlly, elderly and handicapped) . PA" 77 -110USING ELEMENT QUESTIONS AND ANSWERS l~ ue,* SZ9$:~9l6 : o-l 131 f'lO Al I Nfl,JJ.ol)J EN I SrDH : OJ 9.; : \71 1}5. -6I2l-At:i.J . . I . IV. HOUSING PROGRAMS INTRODUCTION Section 65583(c) states t1w.t the housing element shilll Jncludt "a program which sets forth lJ {ifle-yefl.r schedule of acHo"s the weill gOVtrnmtHt ~ undutaklng or intends to undertake to implement the policies and achieve the foals and objectives of the housing element through the administration 01 land use and development control6, provision. of Tegu14tory coftcusiona o.nd i"c~nfiWl, aM tht ut1lt~4fton of appropriat, federal /lnd itafe fttUl7JC27Jg Imd ,ubsuly progrllms when /lwnlflble." "T~ program ahall include ~n Identrfication of the agencies and offlcia~ re$pon~lble for the implementation uf the vanouB IIctians And the means by which consistency wtll be achieved with othtr general pIan elements tlna commu,uty goals, The IocnI government ,hAll maks diligent 'fforts to /lelu,v, public part'Ctp~t'o~ of all econom%c segments of the community in the development of the housing element, and the progrllm sh4tl describe this ~ffort." .. How does Cl program dlhr from Q poRcy? Programs are the sped/ic Clction steps the loc:lllity will t8ke to implement its policies IIrtd achieve its objechves Programs should include: a hme frame and an identification of the agencies and off1clals responsible for implementation. Program descriptions should demonstrate a ftrm commitment to implement. For example "The Housing and Community Development Dtparlmtnt WJll Apply fOT Small Cltres Community Devtlopment Block Grant funds for the CIty's Rehabllltation Program for the 1989.1990 program Ylar (f t_, by May, 1989) fl1f.d at1.1f.UQ]ly thfftll{ter-" HTh8 PlaHHtng D~rt",mt 'Will ret)i~ tM zoning ordinance to allow zerc.ltJHine tlnd cluster developments by June 1990 " 'The Planning Director will study the County's development shmdards to determine whIch standards Rnd poliCIes C4n bl relllxed to facilitate tM development of lower-income housmg. The review will include but not be limited to fhe County's sdback, lot cotIemge, and parking requirements. The rerdew will be completed by January 1990 ilnd recommf1f.datiaHI tmpltmented by JuJU! 1990 If TM program detaiptlons should be as detailed as pOB~J1ble. Specifying such things as Immediate, abort-term ond long.tenn $tepo, epeclnc funding I$OU~e', how the funcb will be utUl~ed, the ~peclfic needs to be met, and the qU8nt1fted objectives lor the program can faclUtate coordtnatlon of th@ actions and better mOnitOring of the locality's progress In unplementing the program. PtAoGE 16 - HOUSING EJ.EMENT QUEST1ON3 AND ANSWFRS 2Zd Lliati C299t:2S;'g't b : o-J,::U I'la..u I Nn.J1.1'1::l n,) I !=:n:n.l : a1 ).C ! bT A=.. _~__H.I.J . . . ... I. there a format which 'encl' It..lf to meeting the program dOlcrlptlon requll.",.n" of the tlclute? Many locelities have round that metrix or tabular approach permitl:l clear program deac:rlptioN. Por examplel columns can be headed program/actioIiI need to be 5erved" responsible agency or official. dollar amount and funding source, and time frame tor accompllshment A narrative 01 each program should also be Include!:! to provide a&:i1tionat 4etads Thts descl'lption can be includGd soparat~ly from the matrix. In addihonl many localities have found that prepanng a summary of identiiied housing needs and conatraints assisl:$ in the development and acceptance of responsive housing programs. PAGE 19 - HOUsING ELEMENT QUES710NS AND ANSWERS E~ 1.l.01:t 5~9E~9l6 : CN 13l r'1Cl Al I Nf1A/lo[):> 9'l I SroH I QJ 85 Wf 06, -60- ^~ . . I . V. SPECIFIC HOUSING PROGRAM REQUIREMENTS " IDENnFICAnON OF ADEQUATE SITES Sectum 65583(c)(I) slldelJ tlud 1M housing "rogram sluzll "identify adequ/lte sileo which will bl!: made II.vailJ2ble through J2ppropri#te %omng Rnd development standard.s and with public services and ftldltties needed to facilitate and encourage the dt!vtlDpmtnt of a "arltfy Df 'ypt~ 01 housing for all ,ncome levels, includ:ns rental housing, factory-built housing, mobilehomes, and emergency shelters Rnd transihon," MUS'Hg in orlk, to meet tilt community's housing goals /Ill identified i", subdivision (b). /I A What eonltttut.. -adequate sites?" The locality'. .U. are adequate IE they provlde sufftclent holding capacity at appropriate densitiu and development standard, to permit development of II range of housing types and prices to accommodate projected construction need (as defined by the regtonal share) for all Income Iewls A How dO.' (I locality determine If It. curront ,lte. Ofe odequate? A two part analys18, focusing on the following two questlot\$, Js appropriate: 1) Can the realiBtk: development capactty of suitable land, which Js or will be served by infrastructure, accommodate over the next fl\l'e years the locality's total new construct1.on need? 2) Are these currently avaUable sites appropriftt~ly zoned for a vanety of housing types and den&lties to f&ICUitate the development of hOUSing to meet the locaUty's projected need by income category? Figure 1 depicts the interrelationships of the various components of an adequate sites analysis If the amount or variety of a }urlsd!ction's fQSidenUal development capaCIty is lQSS than its new construction need for my income hwel, a shortfall exists. In such a CaIG, the housing element should include a program to increase development CApacity to meet the need. PAGG :JO - I-IO~ ELEMENT QUESTIONS AND ANSWmS vCd .u.l1l1:* S~~~916.CN 131 f"la A.1INn.II.D:l ENISroH:aJ 6SWt ~,-60-^l::U n:lY-09- · 9la 15' 00 [D' HCLJ5 HG CCJ'1I'1.JN [TY DU TEL t-D. 9 1632366:25 tt0'77 ~6 . utI j 'J 'i!~ ~ I ~.~2 II Jl~1 15 JlijU ~~ f .I~ 'i I I '1~11 II ; I fdnl .. Q ~ ~ Ii i - t. ~ hi ! ,j t ~ i!6~ I q:: i ai ~ ;! ~ i~li I~ 1; U i i vs o 0 i~ III i ~i S2 . Ql:j ~i o ~ ~ '. - ~ u-~ l~~C) 0 J, !I ~ .!s $ C1l ~ . fsr ! ~~g....g ~ ~ ~ " ~~p ~ ...J . Ii i II g : ~~ ~ t ,IN~ !I~ ~ 5 . C( 10 Q Q 0 Ii . I I . . '" ~ I 1 f I I j~ i fl i I 1 lS I ~. ii o 0 8 J i~r~ '5 :r:: ~ ~ ;1 ! i fhl ~ t I ! Mg ! Ij I d;~ ~ i ~ t )~~ ~ 0 . ... . . . I . I L . . What straNgles have localltl8$ utilized In order to Increo.. their retldentlol development capacltyt The following approaches have been used by localUles in an effort to mcrease their residential d.evelopment capacity: o An.nuJdion 01 land 8\litable (or residential uae. Q Minimum Den.iLtles-Destgnatton at minimum and averag@ denaiUI:!S of development as well as maximum densities, to assure that the existing, available land 1& not undeNtthzed. o MI%ed-UPit ZO~iltf-Pemu15 hOWlmg in certain nonresidential zones C QZ!I.r.":M1inz-Creatlon 01 a &urplu& of land lor resldenhal development during the next five years equivalent to al leut 20% more than the locality's share of the regional housing need. This wIll compensate for urban land left vacant due to ownership and development constraints (about 10%), a1\d create a real surplus (10%) A sufficient &upply of land. beyond the time frame of the element can also help prevent land shortages from bJdding up land costs C P..lrast1j1 ;J4d11f01;al Capital ImproZJ,mtttfA to colncid, with the demand for new construction, using such alternative funding mechanisms as "sse&$ment dlatricta, developm8:l\t agreements, and federal funds, Q Be-zoninf land from nonresidential to tnidentbd to promote a balance of job and housing Opportunlt1es 1n the community o RtJievetop1Jlf,1J! of aging or underutihzed existinaland USH o btCJ'tlU;nl ~d~ht limjtat;on~.: . How co... o locality make lite. Q\<cDable to encourage a variety of houllng type. for 00 Income revell? While the price of new hOUSing depends on aome factors beyond a locality'a control, land prices can be affected. by governmental actions. Local governments can create el5ential site pr<<ondltioJ\S (zoning and development standArds) Eor a variety of housing types and pnces. Localities have developed various land use cantroli and development incm\tlVe6 to encourage a variety of hOUSing types for all mcome levels, including. C Factlitatlng the use of second unit3 in single-family residential Meas. o Compiling an lnventory ot pubUc surplus lands to Identify sItea suitable for development of low. and moderate~income housing, and notifyIng nonpro/lt housing devClloperf of their availability C Acquisition and development of surplus public Iancb. C Reduction of development standards and provision lor "no frills" housing units. PAGE 22 - HOUSING ~MEM QUESTTONS AND ANS'MRS l.~ .u0~ SC99tcr916:(J\l l31 na AlINn.Jl-IJ:) ENISrDH:Q1 OO'~T a;,-6I1l-AH.J . . I I I . a ZOlUns sites lor mobUehome and mobllehome park use, IJ Allowing mobilehomes on single-family lots with minimum design standards (see Government Code SectIon 65852 7) o Zoning sites for higher dQ!\Slty resfdentialllse. o Using land writedowns to reduce tlul cost of rlWdlmUal development IJ Encouraging mixed resldentia1~nonresldenhalland UU8 a OfEering dena.ity bonuaea in exchange for ~ffordable housing units Q Redeveloping older artal to accommodate affordable h01JSlng units IJ liItabUahing a rental.only zone which provides for rental apartment development in areas designated for higher density residential use . How can a locality identify sit.. which will tacll"ate and encourage the development or Rlntal hauling? The locallty can zone for housing types that are typically occupled by rental households, including second U1\its and apartment complexes localities CAI\ offer incentives such as upzonmg to Increase mulU-famUy densities in selected areas; utilizing mlxed-u&e and performance zoning to permit apartment uses in office/commercial areas (office space revenua Cln offset rental costs); redudng development standards; providing density bonuses in exchange lor an agreement to retain rantal unit& at an affordable price lor a specified hme pC!riod (after which the developer will be allowed to convert these unit~ to condomlmums)i and providing below market rate financing for rental developments .. Whgf are "approprtate zonlno and develOpment standClrds.' 1'ha phrase refers to thOl8 l~lland Wle controls and incentIves that facilitate the location, capacity, and pnce of residential development to meet idenl1Eied housing needs. These include. maximum densities, mmimum floor areas, buildmg setbacu1 ~ar and side yard requirements, parking requirements, maximum lot coverages, amenities requirements, and other controlS State ZOning law (Government Code Section 65913.1) requires localities to zone sufficient vacant land for residential use with appropriate standards to meet the housing needs as identified in the general p18n . Mu.t CI locality provide adequate sltel throuih approprlate zoning at the beolnnll"lQ of the houalna element plannIng perfod? No However, a locallty's need to accommodate all units needed through the planning period Ii best served by designating appropriate zoning as early as pOSSible The most dJrect procedure is for the locality to initiate rezorung when the housing element is adopted. State law encourages concurrent processing of reltonings and general plan amendment5 when they result in the provision 01 low- and moderate-income housing (Government Code Section 65361). PAQE ~3 - HOUSING GLEMENT QUEST10NS AND!tNSWERS B~ .u.2l1; S~9t~!ff'6:[]\("13l no A.l.INn.JIo[J:J ~ISn:lH:C1 ll:!l:Sl ~,-61:!1-^t1..J . The locality may also commit to sub&equent %onfng actiON within the five-year ~hedule 01 the hOU91J\g program This permits the locallty to meet the site~ specific rezoning provision (e.g., public notifl~tion ilnd hearing) according to a presc:rlbed timetable ... Must ev-v lOCality identify sit.. for homelos. .hott.... QnCl fron'llOnal houaIng? Every local1ty with an identified unmet need of one or more homeless persons must identtfy adequate aitl~81 including existing Jacihties which ~n be converted to accommodate that n~ed. In analyzing its need, a housing element should provide the following. . · An I!Atimate or cOunt of the dally average number of per,oN lacking permanent Ihelter. Wherever possible, this figure should be divided into single malo, .single female&, and lemilie, (one or more aduJb with children), b<<aU5e the3e groups require significantly d1fferent types 01 shelter U the data alloW5, include other important subcategories such as the mentally 111, substance abusers, and other C8tegor:les cOJUItderMd slgnlfiant by the ju.r:tlldictfon · The number and type of shelter bed&, hotel/motel vouchers, and units of transitional howing available. Again, these resources should be presented by type (e,g famUy shelter beds, female houSIng.. etc ) · An estimatQ derived from the figures deacribed above of the number of additional beds or shelters and transitional housmg units needed, by type. .. What II reQuited In terll1' of .1teJ tot .emergency shelterJ and transitional hou.I"'Sl?" Sites should be ldentlfied which will accommodate the unmet housmg needs of persons and famllles in need of emergency shelter as identified pUI'9U&\nt to Government Code 65583(a)(6). The appropriate sites should have the following cMraderi&tia I - · Location The sit~ should be located within a reasonable distance of public sArViee& and facHilles, including transportation servIces, It should be eastly access1ble from areas whtre homeles9 persON! tend to congregate. · Zoning. The General Plan designation and s1te zontng should accommodate the development of (or conversion of existing tadlltiQs to) l.llUta of sheltQ%' without undue special regulatory approval. SpecifiC sUes ~hould be officially designated lor emergency shelter andlor traNttional housing use. If, during the term of the housmg element, an ldentified site or sites is developed to some use other than shelter, replacern~t sites should be identified to make up tor any shortfall As an alternative, certahl areas can be designated as shelter zonet For e3tamp1e, some local1t1es have adopted a 20nlng otdinance which authon2es the ntablishment of sheltetA, by right, in high density Te6identlal and commerdal 20nel. PAf;G /J4 - UOUSlNG 'L~GM' QUESTIONS AND ANSWERS L- 6Cd "tRll:* Si~9E2E9161c::tl"13.L f"la AlINrw..o:) 9olISroHlaJ ~ISil El5,-!3e-Af:.to.I . . . " · Development .tandatds: Puking requirements, fire regulations, and design standards should not impede the efficient use of the site for shelter. · Size. The aggregate of sites for emergency shelter and transitional housing should be large enough individually and collectively to physically accommodate the unmet need. At a minimum. Uniform HoU&ing Code Space .nd Occupancy Standards should be met. ror further mformation on providing for homeless new, see thi& Department's technical assistance paper ''Shelter for the Homeless Housing EI~ment Requirements." & What Is the relationship between the adequate sites requlrement and other State IOWI affecting housing deveropmenn State zoning law requlre8 local govemmanta to dfll'lnahvely use land use controls to increase the availability of sites for a range of housing types aItd den&lty to meet a locaUty'e ehare of the regional hou&ing need. It 18 important to be cognizant 01 these provisions when addressmg the subjects of adequate sites and governmental constraints In the local hOU8ing element Important provisions Include o Government Code Section 65913.1, which require, that localIties ZOM suElident vacant land for residential use in relation to zoning for nonresidential use at standards and densities appropriate to meet housmg needs identified in the general plan. o GOVirnment Code Section 65852.3, whIch provides for the placement of mobUehomes In single-family districts lJ Government Code Section 658527. Which providQS for the placement of mobllehoJN! parkA on all land zoned for residentlal use Q Evidence Code Section 669.5, which e,tabh5hes is legal pre&u.mptlon that a growth Untitation ordinance has an Impact on the supply of re.sidenlIal units in the jurtsdtctton and surrounding areas (J Government Code Sections 658521 and 65852.2, which requIre local governments to adopt ordinances that address second units (Including the proVLSiOl'1 ot standards cOIl8idered. suitable to local conditlons), or to allow them by conditional use pemut Cl Covernment Code Section 65589 5. which prohibits a locahty from disapproving or downzoning a propo$ed residential development project that coml'Ue& with appHcable zoning and development policies 11\ eUect at the time, unless specific findings are made. PAGE ~ - HOUSING ELEMEfn QUESTIONS AN/) ANSWERS 0Ld l.l.0I:* S~~~9l6.CN 131 1'10 ,l.J,INn.Jl4J:) 9-lI5rOH:aJ rn:s't 06.-60-)"t:\.! . B. DEVELOPMENT OF HOUSING FOR LOW- AND MODERATE-INCOME HOUSEHOLDS Section 6S583(c) .'ea flud "10Crllit~ Art to addrt6/5 thelr Mu:Jing nerds through tlu: Rdministrtltlon of 111"d Ult IInd development controls, pro'Oision of regulatory concessums and '"Cent/Ilei, and the uHlfzatfDn of 4PP'Op',llte fed,ral 11"4 datf financing 12,,4 ~ubsidy "rog~Rm9, when Qfudlabl,." Section 65583(c)(2) states that the housmg element shall contain programs which "assist In the detJelopment of adequate housing to meet the needs of low- and mo4trQtt-llfcome hCluuhold$" .. Whot I. local government's role In OMitting In the development 0' adeQuate housing for low- and moderote-Incom. hou.el1olds? . Local governments are not expected to solve their houstng problemJ alone As stated in Section 6SSBD(c) 01 Ankle 10 6, "the provision of hotUins affordable to low- and modorate-lncome households requirQS the cooperation of all levels of government." However, having Identlfted the housing need, of low. and moderate-income households, local agencies c~n employ a large number of strategies whkh can aS6lst In meeting those needs. Locahtles can offer dir~t support for thi devQlopmel\t of affordable housing through bonding and redevelopment powers Assistance can also be provided through the utilization of appropriate lederAI And state financing and subsidy programs, such as HUD Section 8. Section 202.. State Rental Housing Construction Program and CommunJty Development Block Grants Locahhe$ can also _tab&h an equity sharing program to provide affordable homeownership or rental housing opportunitletl for low- or moderate-Income households, or estabUsh A local hou&ing authority or nonproht development corporahon to develop or operAte low- end moderate"1ncome housing. Local govemments can also indirectly facllltate the development of more affordable hOU&ing. The following are just some examples of program& that have been successfuDy implemented by Cahfomia localities in order to comply with State law and address their housing needs' ~ I C Implement and promot~ a density bonus program as requuid by Covernment Coda SQCUon 65915. Some localities have expanded upon Sta~e law and offer additional bonuses (more them 25%) or ptovtde bonu5e5 for h~ing meetbg the 5pedal need! 01 their community (e.g housing lor large families). o Implement and promote a program to comply with Covernment Code Section 65913 ~ which requires localll:ies to provide one or more regulatory conc...ions or Incentives to deveJoper9 conettructing II housing development wJth 20 percent of the uni~ reserved for lower income hounnolds. PAGE 26 - HOUSNG ELEMENT QUESTIONS AND ANSWERS 1;299S;:2s::916 '[)\l 13l t"lO ,l.,LINn.lh'D ENISrDI-l'OI k:0 1;1 l2J6,-60-,.l,~ . C Designate housing opportunity aittS whert a ~ertaln percenblge of the housing units on designated Sites will be affordable to low- Md moderate-- lncome households. CJ Implement emploYer partidpation programs whkh require developers of ~ommGrdal and industrial project. to contribute to the development ot affordAble housing for employtte or o~her lower-income ho~eholc:b Q Use land. wrlte.downs or sell off surplus lands for affordable hoU8lng C Negotiate development agreements with developers to provide publk facUiUes In exchange for certam development rights such as land use changes and denalty lncreasu tJ Provide last-track processing for low. and moderatiR-income housing projects. There are many other msthod. to fadlltate the development of affordable housing Many loailities have found that working with loc<<ll nonprofit housmg groups mAkee ft&&l&ting in the development of affordAble h~ing much ~sleT and more effective. . I ~ PAQE Rl - HOUSINQ ELEMfNT QUESTIONS two ANSweRS Z!;:d UMJI:t - . ~~g't 6 : CN 13l f'la.u I NflJ\..D:) 5N I Sr"OH : a J t:>0 : Ct la6. -6la-J..t:Ll . C RiMOVAL or: (;()VERNMENTAL CONSTRAINTS S,etson 65583(c)(3) .t"fu ,h!,t the hOU9'"B el,ment shl111 conft2U1. 'ProB,am, which "Ilddress, And where approprlllte and legally possrble, remove government'" constrAints 10 the rrtIIintenllnct, improwment, tln4 development 01 housIng." .. Whot I'Osponslblllty does a locality have to remove governmental eOMtrCllnts? For each pohey or procedure identifle<! as a constraint, the! Qlemont should include a program to eliminate or modify the comtraint or demomtrate how it will be offset by another policy or program. Where the locality hCl$ determined it 1s inappropriate or not legally possible to remov@ 8 constraint, the element should mclude the analys1S used to reach that conclusion. .. What are examplot 0' progrClrnt whIch IocClJltle. have uMd In order to reduce ot eliminate bclrrler. to the maintenance, Improvement, Clnd development of houlln;? . The following are among the C1trategi~ local agencies have found appropriate for their particular Situations. l.B1J<< W~ Q Systematic upzoning or changes in land use to provide sufficient Sites fol' a varlety of types and prices of hou&ing. Cl Modlfy growth controls or open space requlrQ1t\Qnts. a Allow zero-lot Une development. IJ Allow cluster developments r:I Relax development standards, for example. · hont yard set hacks of 20 feet or lesa · minimum lot SlZes of 6000 square feet or less .. lot width of 60 feet or less o Reduce parking requirements CD4~s ttnd Enforcam't:Jl P,oceljUl,,9 I I ~ a Allow use of alterniltive buUding design and construction materia1$ and method". o Issue bUilding pemuta btlfore subdivision approval. builder can begin mobilizing Construcbon as soon as subdivision 1& approved. o Schedule inspections if inspectors don't show on schedule. allow contractor to proceed (worle 19 subject to tQar.out if later it I. found defident). PAGE H - HOUSING ELEMENT QUESTIONS AND ANSWERS ITd l.lJ1ltt <<;2g~~th:rtJ ,=II r'lfT J..I TNn.Jl.rl:"l rnTSml-l:11T c:r-l :c'[ ~ .-~-lH.1 . . I I I - a Coordmate inspection/enforcement activities for existing housing with information and technical assistance on rehab1l1tatlon resources 1:1 Allow rehabilitation using materiAls and methods a, of date of original conatrucHon, unlaa a health or satety hazard would result. o lib StatQ HOUilng law (SHl) c0de5 without ad.diUonallocal requirements State law prohibits modifications of SHL standards QXCQpt wher~ local variations are necessary lor reasons of clImate, geology, or topography (See Health al\d Safety Code Seet:lon 17958.5). D1110'(1 Site 17ttprave.me.nt ReflUirements IJ Reduce street widths (e g , 36 feet or less) and rights of way (e.g., 56 feet or less) 1:1 Reduce number and size of sidewalks (e g , on one side of street only) o Use roll curbs instead of lormed. curbs and gutlQ%'8 IJ Increase spacing between manholes o Allow multiple aervice latera~ in PUD& a Allow common trenching tor utilities 1:1 .Allow fire hydrant intervals of 500 fiet or more o Reduce the size of water and sewer mains Fttg 4M E~tQf1i Q Reduce or eliminate fees, exactions, and/or development standards to ladlitate a particular type 01 development (e.g, rental housing, Q,Si,ted housing, hOUSing.affordable to low- and moderilte-iIll:ome households). o Allow payment of feM upon cerhhcate of occupancy, rather than prior to building permit Issuance. Then the builder dOiS not haVtl to flnan~o tha fee payments. ~liinr turd Permit Procedures I:J Expedite penmt processmg (State Office of Permit AssiAtance, (OP A) can provide information). q Allow one-stop, conaohdated permit proce:ssing. o Hold pre.application conlerencQi and preparo QX})lanatory materials on the application and reView proeMS to &tNamline pemut Pl'ocessing. o Utilize development agreements as authorlJ:ed by Government Code Section 65864. PAGE 29 - HOUSING ELEMENT QUfST10NS AND ANSWERS t7~ ..!.L0tt l;Z9S1t~916 : [)>J"13l M.u. I NrJ,.Jj,JJ::l EN I SroH : a I !;0 : \::;t 12J6. -60-,.t,l;l.l . . ~ I D. CONSERVE AND IMPROVE THE EX1SnNQ AFFORDABLE HOUSIN8 STOCK Section 65583(c)(4) stAke tha' 'h~ hou,ing prDgmm sluaU "conserve and improve the condItion 01 the ~lStmg (Jffor~bl~ housing stock.. ~ 00.. tnts requlr8ment rer.r to atructurallmprovement, and conservation 01 the Clffordob. housing stOCk? Yes. The existing affordable housing stock is a valuable resoun::e that should be conserved and, if necessary, improved to meet minimum habitability standards. The following are among the strategles local1tles have utlllzed to conserve and bnprove the condition of thQ affordable housins stock. Q Bnact occupancy ordinances requiring pruale code inspection And complJance &elore tiUe to a property b transferred. o Rcqwre replacemet\t 01 housIng units demolished due to public or private action Q Undertake a program to enforce bullcllng and housing codes. financed in part with proceeds from dental of state tax benefits to owners of wbitandard rental housing. CJ Designata neighborhoods for concentrated. housing rehabilitation assistance and public facthty improvements Q Enact ordinances governmg demolition of housing units and conversions of houafng units to o~her U&e& (e.g ofli~e or commerclal). Por example, Section 17980(b)(3) of the Health and Safety Code requlreil enfottllment agencles to consIder new expressed 1n the hOUBlng element when deciding whothQl' to require vacabon or repair of property. Q Develop proSfanu to combat radlli\1ng practices In mortgage lending and insurance underwriting by withdrawing loc~l fund, from, or c~slng bu3iness relatlonship$ with. institutions that cU.scr1mlnate. o Leverage local funds as deposits to encourage f1nanclalinStltutlons to bQ responsIve to the housing credit needs of the community I;) Rehabilitate residentJal hotels for very low- and low-income households. Q Preserve allordab1l1ty of housing which has been publicly assisted by raquiring deed railtricUons or rent lllX\ltabon agreements. Q Undertake a program to provide stable zoning to preserve a(fordClble housing, such as changing the underlymg zoning for an affordable mobJ1ehome park from commerctal to mobllehome park. PA$E JO - HOUSlNS ELEMENT QUESTIONS AND ANSWERS ~Ed ~l.0r:f 5~~~9T6 CJII 13l rra ,uINf'1.oJJ..DJ ~ISrtJH.aJ 32).5l ffi.-l50-At::t.I . 1:1 Inventory and gather information to eltAblJsh an early wamlng system for publicly assisted houslng projects which have the potential to convert to market rale Q Cooperate and/or assiat In effortA to preserve federally aulBtQd housing projects. For example, legislatlon (Chapter 1355 of 1987) establishes a statewide nonprofit corporation (California HOU5lttg Partnership) to, among other thinp, ralH equity capHal to assist in acquinng and rehabUltating lower income hou&lng . " I ~ I PAGE 3' - f-I0U9NG ELEMENT QUES170NS AND ANSWERS .. . 1 . E. EQUAL l-IOUSINQ OPPORTUNllY Stctiotl 65583 (C)(5) requires that the housin.g program "promo" IqUIJl hou$ir.S opportumtiu for all 1""01IS "8"rdl", of rtIC', "lIg"m, "X, mRrUlll jUlius, Imcntry, rudiottld origin or color." . What can local govemmenh do to promote equal hOUSing oppol1unlty? Smee state and federal laws uniformly outlaw most kinds of housing discrimination, local government's role is to identify strategies which will support and tml'lementl these laws Such strategies may include consultation with fair housing and counseling organizations In the community to document the incidence of housing discrimination and the availability of sen.'ices to addMss the problam II thHe services are not available or are inadequata, the locality can request tClChnical aN~tance .from the district officQ of the Department 01 Pair Employment and Housing to develop specific local government actiON! to promote fair housln; opportun1ty. A local equal housing opportunity program should provide some meana for the resolutIon of housing discrimination complaints and should be promoted throughout the community. In smaller localities, the local program may involve the disseDllnation of infonnation on fair housmg laws, and referrals to the district office of the Department of Fair Employment and Housing or other appropriate agencies. For example, seme communltifi distribute Eair housing poSters on bus.s, in pubUc hbtar1e5 and m community conters In large and/or urban JUrlsdlctloN, more dIrect program action would be appropriate, Bxample$ of such programs ineJude a commitment to use Commul\lty Development Block grant funds to support ~bir howing and counseling $eI'Vice~. Also the locality mi:lY wish to create a fair 'housing council which can investigate and resolve d.lscr1m1nator)' complaints, and advocate specifiC QC{ual hOUSing opportunity arnoN before commuruty and business organizations. ... Dooe ,tot. law addr... equol hou.ln; opportunity In relatlon.hlp to houall'lQl development? Yes Government Code Section 65008 prohibIts localitIes from denying the enjoyment of resIdence. land ownership, tenancy, or any other land 11&9 because of religiOUS beUe!s or ethnic Origins. It also prohIbits localities from preventing or d1lcr1m1natins against any reSidential development or emergency shelter becaU8e 01 the method of finandng or the race, sex, color, religion, national ongin, ancestry, lawful occupation, or age of the owners or Intended occupants In addition. localitles are prohibited from enacHng or administenng ordinances which dlicrlminate against a fiildential development or Qmergenc:y shelter becausa the development or shelter is intended for use by low- and model1lte ~ income households Ffnally, local governments may not impose different nqulremen~ on a government assISted I'esldenUa1 development or emerg"ncy ::thelter than those Imposed on non-aSSlSted development. PAGE 32 - HOUSNS ELEMENT QUEST10NS AND ANSWERS c!.Ld a.01:1 SC99EZE:916:CN"13J. I"lO AlINn..JhD::> Et-lIsrDHIOI .!.0IS1 El6,-60-A~ . . F. PUBUC PARTICIPATION Sectwn 65583(,) requires tlt4t local governments "make a dtlige"t effort to Ilchreve p1l.blfc ptntldpafton 01 all IConomic jegmlnfs of I.h. communIty .n the dlwlopment of tlu housing element, lind, the element s1"dl describe this effort " . What octlon. Gem Q locality undertake to oChleve public particIpatIon of all economIc tegmenta 0' the community? In addltlon to holding public hearIngs at the planning ~ommUsion and. govertUnent body lev.l, the locality should take addltlonal $tepe to ensure the pubhc partidpation of all econoJl'\ic segments (including low- and mode!1lte- Income household!) 01 the c:ommunity. Locahties have found the folloWIng acUOM useful in facilitatmg public participation. lJ Bstablishment of a citizen's advisory group to a$$i:lt in the development of the element. o Circulation of draft elements to housing intereat groups. Q Special advertlSing and outreach measures to church groups, low lncome organizations, and community and ,enior groups. Not1~ regarding public meetings on the element could be posted in community c@nt~rg,. libraries,. city halL and throughout the communJty In pubhc placet PA(3f 33 - ~NG ELEMBVr QJES17QNS AND ANSWERS 81O:d ~.!.l2ltl ~~~t 6 : Q\I -a.L t"la.u I Nfl.U.():) EN I Sf"OH . a I ~ : I:;t 1i!l6. -6Ql-..I.l:l.l . .~ . I . G CONSISTENCY WITH QENl;RAl PLAN SlICtaon 65583(c) ,..quir.. that thll Mlm", ,l,mlnt desert" "tJu m,ans by which eOn8J9""CY will b. Ach"wd with othu g'"IITld plan 61smenf, tmd communi'y gOAk " .. How should consistency be addressed? Among other things, the housmg element must establish the lo(ality's houslng goals, polidQI and objecnvas, iclentily sites for new construction, and address gover1\I1'\ental c:onliltramts. thus, the housing element affects a locality's poh(:l~ for growth and for rt.:sidenUal land U5e$. The gool" pol1ca, and objectives of the hO\lsil'lg elemmt may conflict with th~e of the land we, drcu1ation, and open space elements, zontng ord.1nances, and redevelopment and capUallmprove.mlttlt plans. Contl1ct5 between general plan elements need to be acknowledged and the plan must be am,,~ to eliminate conflIcts NtWQQtt general plan lilements. A broader di:I~sion of general plen con~tency requireml!:nb may be found m the Governor's Office of Planning and Research General Plan GuuielmtS PASS 34 - HOUSJNt; ELEMENT QUEsnONS AND ANSWERS -bEd u.01:f S~~9T6:CJ-I 131 f'lQ ,.uINfl.j~:> 9>lISrDH:QI 60:5T e6,-60-)'\::l.I .~ . . ..~ VI. ADDITIONAL REQUIREMENTS FOR COASTAL ZONE JURISDICTIONS Sect, on 65590 of the Government Code, B'ves Ttsponsilrllity for the protection alld prCTl1isicm. of low- and modtTate-income 1wusing opportunities in the coastal zone: to local governme1lts It requires that existing units (mcluding rruJlnlehomes and "gid,nhtal hot"9) occup~,d by low- IJftd mo4nat'.21fcome Itouseholdg bl protected and, w1utre convers{(m or demoldion is permUted under arcumstances speci/"d by law, thAt "epla(ement houaing for tow- and moderate-income households be made aVDilllble In IJddihon, new development In the cC1Ilstal zone: must, where feasIble, provide low- 117Id moderate-income housrng. Local governments are directed to proVIde ".e'Ht.v" and ,.,mow bam,,'s In tlu" revlew 01 Musln8 developments. Section 65588 oj fhe Got1tfnment Code requ.1'ta tMt, in ho~.ftg etemmt Updaft8, coastal jurisdictions document the number 01 low- ll71d moder4te.11lcome hous~ttg untts converted or demotl8hed, and the number of replacement units provided. This helps the locality dettrm.ne whether a/fordAble 1wustn8 stock '" the coast Z:OJU lS being protected and pTOOl4Bd ;as "'JUired by Sectioft 65590. Section 65588 also "lfUm:s that revisions of t~ hOUSing elrnlrnt must include, for the cOt!stal %Otft. the following' a Number of new units approved for construction after January 1, 1982. o Number of units tor low- and moderate-Income households required to be provided either within the coastal .'lone or wlthrn three DUla of it Q Number of units occupied by low~ and moderatNncome households Ilnd Iluthorlzcd. to be demo&hed or conver~ed since January I, 1982 I:) Number of units for low and moderate-income householdll reqwred either within the coalltal zone or within thriile mdiils m ordli!l' to replac:e those being demoli&hed or converted. Por further information regarding hoUSing in the coastal zone, please contact the califOrnIa CoaStal Commlsston at (415) SC-855.9 " PAGE 35 - HOfJSNG ELEMEM QUES110NS AND ANS~RS !2lpd .u.01:$ ~29~~9l6' CN -'31. M ,l.lINn.lloll:;l 5J'.HSroH' ax 60 '~l 06 .-60-,J..~