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SUBJECT:
8/.82
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Monica, Cal~forn~a
~tJ.r &0/- t!/3
Mayor and City Counc~l
7-B
C~ty Staff
"AUG 3 1 1982
SEP 7 J982
Supplemental Hous~ng Element Informat~on
INTRODUCTION
ThlS report supplements previous Housing Element staff reports
by providing lnformatlon regarding legal requlrements for hous1ng
elements, recorrunending revlsion of the "Growth Needsll component
of the Element, amend1ng several previous staff recommendations
and recommendlng the adopt1on of an addltlonal new program. :F
Legal Requlrements
The Callfornla Leg1slature has declared that "the prOV1Slon of
a decent home and a sUltable llvlng enVlronment ...1S a prlorlty
of the hlghest order." He~lth and Safety Code Sect~on 50002.
Although Callfornia has emphaslzed the lmportance of decen1
houslng for all resldents, lt is well recognized that thlS goal
has not become a reallty.
The Callfornla Leglslature has lndlcated that attalnment of
state hous1ng goals requlres the partlclpatlon of all levels
of government.
In order to promote a coherEnt houslng POllCY
at the local level, the leg1slature requlred In 1969 that each
Clty and county add to ltS general plan a hous1ng element to
address the houslng needs of all economic segments of the communlty.
Government Code Sectlon 65302.
In 1980, the Callfornia Legislature adopted detalled requlrements
for houslng elements conta1ned in Government Code Sections 65580-
65589.
(See Attachment 1 to thlS Staff Report). Prlor to this t1me,
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Ma~or and Clty C~C1l
-2-
e
August 31, 198~
the houSJng element requlrements were contalned 1n general statutory
language and regulatlons adopted by the Callfornla Department of
Hous~ng and Community Development (RCD). The 1980 leg~slat~on
was 1n response to dlsputes over the legal authorlty of the
regulatlons adopted by HCD.
The houslng element must contaln a detalled approach to addresslng
the CltyrS hous1ng problems. As Government Code Sectlon 65583
provldes:
The housing element shall conslst of an
ldentlf1catlon and analysls of eXlstlng and
projected hous1ng needs and a statement of
goals, pollcies, quantifled obJect1ves,
and scheduleG programs for the preservatlon,
lmprovement, and development or houslng.
The housing element shall loentlfy adequate
sltes for hous1ng, lncludlng rental hOUSlnq,
factory bU1lt hous1ng, and mobllehom~s, and
shall make adequate provlslcn for the existlng
and proJected needs of all economlC segments
or the communlty....
The hous1ng elenent 1S requlred to contaln three prlnc1pal components:
1. An assessment of houslng neecs and an lnventory of
resc.urces and constra1nts relevant to the rneetlng of
these needs.
2. A statement of the communlty's goals, quantlfled obJectlves,
and pollc1es relatlve to the ma1ntenance, lmprOV€ment,
and development of hous1ng.
3. A program which sets forth a flve-year schedule of actlons
the local government 1S undertak1ng or 1ntends to undertake
to lmplement the pOllC?eS and achleve the goals and
obJectlves of the houslng e2ement thrcugh the admlnls-
tratlon of land use aha development controls, provis1ons
of regulatory conceSSlons and 1ncentlves, and tne utllizatlon
of approprlate federal and state subsidy programs when
available.
Nothlng in the housing element law requ1res that the Clty
U[e]xpend local revenues for the construct~on of hous1ng, hOllslng
Mayor and C~ty CO~~l
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~Ugust 31, 1982
subs~dies, or land acqu~sit~on.h Government Code Section 65588.
However, the hous~ng element must contain programs, such as land
use and development controls, to make adequate provis~on for the
hODslng needs of all economic segments of the commun~ty. A hous~ng
element that falls to do so 15 legally lnadequate.
Amendments to Prev~ous Staff Recommendatlons
Because of events which have occured Slnce the preparation of the
Houslng Eleme~t Recommendatlons staff report, the staff 18 recommending
several addltional amendments to the Plannlng COmmlSSJOn's verSlon
of the Housing Elenent and to the orig1nal staff recommendatlons.
Growth Needs
State law requires thet tre rousing elemenL include analys~s of
reglonal housing needs. Section 65584 of the Government Code states:
Based upon data provlded by the Department of Housing
and Communlty Development relatlve to the statewide
need for hous~ng, each council of governments shall
determlne the existlng and proJected houslng need for
ltS reglon. The Department of Houslng and Communlty
Development shall ensure that thlS determinaticn 15
consistent wlth the statewide houslng need and may
rev~se the determinatlon of the cQuncll of governments
if necessary to obtaln thlS conslstency. Each locallty's
share shall be determined by the appropriate councll of
governments consistent wlth the crlterla above wlth the
adv~ce of the departme~t.
Localltles must either use the local counell of government's estlmate
of houslng need or develop acceptable alternatlve est~mates. The
Southern Callfcrnla Assoclat1on of Governments (SCAG) 15 the local
"council of governmentl' charged wlth preparlng estlmates of hous~ng
need for the reg~on that lncludes Santa Mon~ca. Est~mates of
houslng need are provlded by SCAG's Reglonal Housing Allocatlon
Model (RH~1). New draft RHAM numbers were recently developed by
SCAG. The Clty staff rev~ewed the draft RHAJ1 need estl~ates and
made suggestions for changes to the RHAM numbers for Santa Monlce.
Mayor and C~ty C01ltll
-4-
e
August 31,1982
C~ty staff analysls had lnd~cated that the overall need estimates
fortheCit} s~gnlflcantly overstated growth needs for Santa Monlca.
The Clty'S suggested changes, which reduced the draft RHAM's
total estlmate S-year growth needs by 58% from 5,259 unlts to
2,204 unlts, were accepted by SCAG.
Subsequent to SCAG's approval of the Cit}'s RHAM modifications,
the State Department of Houslng and Community Development (BCD)
reJected a number of SCAG-approved RHAM rev~s~ons for over 30
]urlsdlctlons.
Due to the t~m~ng of Santa Monlca's reV1Slons to the RH~1, RCD
has not yet commented upon the Clty'S revlsed numters. However,
most of the City's revlsions appear likely to be disputed by RCD, ]Udglng
from RCD's response to adJustments made by several other cltles.
SCAG staff are currently draftlng a response to RCD's cOF~ents.
Due to complex legal and technlcal lssues, lt lS uncertaln lf SeAG
wlll be able to conV1nce HCD to drop its Opposlt1on to the RH]~
reV~Slons. It may be several months before thlS matter is resolved.
The Clty'S revlsed RHAM numbers have been utlllzed 1n the Plannlng
Commission's verS10n of the Rouslng Element. Referrlng to SCAG-
authorlzed revislons, some of which were similar to Santa Monlca's,
HCD stated: "...the Department wlll not be able to flnd housing
elemen~s contalnlng such revlsed reg10nal houslng need flgures 1n
compl1ance wlth State Law." Thus, lf SeAG's reV1Slons are not
accepted by HCD, lt appears posslble that SantB Monlca's Houslng
Element as currently wr1tten would be found lnadeguate by RCD.
Therefore, the staff recommends that the orlglnal RHAM numbers be
Substltuted for those currently utlllzed in the Housing Element.
Mayor and Clty C01ltl1
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e
August 31, 198;
Fallure to do so could Jeopardlze the legal status of the Housln~
Element and the C1t2'S ablllty to act on subdlVlson matters.
The RHAM numbers are supposed to identlfy total houslng needs
1n the community. State law recognlzed that total hous1ng needs
may not be able to be met by a locallty:
It is recognlzed that the total housing needs... may
exceed ava1lable resources and the cornmunlty's ablllty
to sat~sfy th~s need within the content of the general
plan requlrements.... Under these c1rcumstances, the
quantlfled objectlves need not be ldentical to the
1dentlfled existing houslng needs, but should establish
the maXlmum number of houslng units that can be
constructed, rehabllltated, and conserved over a fivE-
year tlme frame.
Whlle the staff bel1eves that the total need estlmate of the origlnal
RHAM 1S high, because that number represents a theoretlca1 goal,
use of the orlglnal RHAM number wlll not change the Clty's houslng
programs or requlre the expendlture of funds beyond practlcal
Ilmltatlons.
The staff wlll monltor the status of the RHAM adJustment dlScusslon
between SCAG and HCD and wlll contlnue to press for G reduc~d
growth allocat1on. Dependlng on the outcome of these d1Scusslons,
the Element may be amended at a later date. However at this tlme,
use of the orlglnal RHAM numbers appears approprlate in order to
ensure that HCD wlll find tte Clty'S Housing Element legally adequate.
The staff's recommendat1ons 1n trls area are shown on Attachment 2
to this staff report. It 1S aga1n noted that these numbers represent
need WhlCh the Clty should address wlth lts maXlmurn good faith efforts,
but WhlCh the C1ty may not be able to meet due to practical llmitct10ns
such as general economic conditions, lack of sU1table ~_and, f1scal
constraints, etc.
~ayor and City coJltil
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e
August 31, 1982
Program Amendments
Two amendments are recommended to prevlous staff recommendations
concerning Program 12, the Inclusionary Zoning Program.
A) On page 14 of the staff recommendatlons a new sentence
should be added following the second sentence:
"Standards shall be developed for provislon of unlts
within sub-categorles of the 0% to 120% of median
lncorne range." This sentence will clarlfy the lncluslon-
ary obligatlon.
B) Fo11owlng the second paragraph under Part lIon page 14
of the staff recommendations, the followlng new para-
graph should be added:
"These provlsions wlll apply to all market-rate multl-
family housing proJects, whether involvlng new con-
structlon, condomlnium or cooperatlve conversion, or
other conversions. Any reference hereln to subdlvislon
maps includes parcel maps."
It 1S also recommended that the "DescrJ.ptlon" and "Implementatlon"
components of Program 45 on page 25 of the staff recommendatlons
be amended to read as shown on Attachment 3 to this staff report.
These changes are recommended because an ordlnance to lmplement
Program 45 does not appear necessary.
Proposed New Program
Section 65583 of the Government Code states that the "houslng
element shall ldentlfy adequate s~tes for houslng, lncludlng
ren1.al houslng, factory bUll t hOlls] ng, and mobilehomes. . . ".
__A~ pr~sent,_Santa Monlca's proposed Houslng Element makes m~~t10n
0: mobile homes (one type of factory bUllt housing) in a number
of places, but specific pol1cles and programs relatlng to the
general subject of factory bUllt housin~ are lacklng.
Ma~ ')-- and Clty C.ll
-7-
e
August 31, 1982
A recent court declslon found that a Clty'S houslng element was
lnadequate because it dla not contain prov~sions for factory
bUllt hous~ng. In light of th1S dec1slon, 1t appears ad\lsable
for Santa Monica's Houslng Element to lnclude general policles
and programs relating to thlS area.
It 15 reconunended thc,t the followlng new pol~cy be added to
page 5 of the Housing ElemEnt POllCY Report:
5. Prov1de adequate sltes for houSlng , 1ncludlng owr.ershlp
houslng, rental hous1ng, factory bU1lt houslng, and
mob1lehomes.
It lS further recommended that a new program lmplement1ng the
proposed POllCY be added as shown on Attachment 4
Summary Recommendations
It lS recommended thct the C1ty Caunell accept the revisions
recommended by staff. These changes and addl.tlons wlll 1nsure
a more complete Hous1ng Element.
prepared by: Kenyon Webster
Robert Hyers
e
Attachment 1. State Houslng Element Law
- - - - - --------
Article 10.6. Housing Elements
65580. The LegIslature fmds and declares as foHows:
(a) The avaliablllty of housing IS of vital statewide
Importancet and the early a ttamment of decent
housmg and a SUI table hVIng enVIrOnme'1t for every
California famIlv IS a pnor I ty of tbe l1ighest order.
(b) The early attalO'llent of thIS goal requIres the
cooperatIve partICIpatIOn of government and the
private sector In an effort to expand hOUSIng oppor-
tumtIes and accommodate the housmg needs of
Cahformans of all economIC levels.
(c) The prOVISIon of housmg affordable to low- and
moderate-mcome l1ouserolds reqUIres the coopera-
tion of all levels of govemmef'Jt.
(d) Local and state governments have a responsIbIh ty
to use the powers vested In them to factIItate the
improvement and development of hOUSing to make
adequa te provIsion for the housmg needs of all
economIC segments of the communIty.
(e) The Legislature recognIzes that 10 carrYIng out thiS
responsIbdltYt each local government also has the
responSibIlIty to conSIder economIC, enVIronrnen tal,
and fiscal factors and commumty goals set forth
In the general plan and to cooperate With other
local governments and the state In addreSSing re-
gional housmg needs.
(Added by Stats. 1980t Ch. 1143.)
6.5581.
(a)
It IS the lOtent of the Leglsla tlJre In enactmg thiS article:
To assure that counties and CItIes recognize theIr
responSIbIlItIes In contnbutmg to the attaInment
of the sta te housmg goal.
To assure that countIes and CIties wIll prepare and
Implement hOUSIng elements WhICh, along WIth fed-
eral and state programs, wIll move toward a ttam-
ment of the state housmg goal.
To recognize that each lOCalIty IS best capable of-
determmmg what efforts are reqUIred by it to'
(b)
(d
e
LegislatIve polIcy
Intent
A-l-l
Definitions
Housmg Element
Content
Needs Assessment
e
e
contnbute to the attamment of the state housmg
goal, provided such a determinatIon IS compatible
with the state housmg goal and regional housmg
needs.
(d) To ensure that each local government cooperates
With other local governments In order to address
regional housmg needs.
(Added by Stats. 1980, Ch. 1143.)
6~5!2. As used In thIS article:
(a) "Community," "local1ty," "local government," or
"JurisdIction" 'lleans a CIty, City and county, or
county.
(b) "Department" means the Depart"ent of Housmg
and Commumty Development.
(c) "Housmg element" or "element" means the housmg
element of the community's ge.,eral plan, as re-
qUlred pursuant to th1s article and subdIVIsIon (C)
of SectIon 65302.
(Added by Stats. 1980, Ch. 1143.)
65583. The hOUSing element shall consist of an identIfIcation
and analYSIS of eXistmg and projected housmg needs and a statement
of goals, pohcies, quantIfIed objectives, and scheduled programs for
the preservation, Improvement, and develoDment of housmg. The
housmg element shall IdentIfy adequate SItes for housmg, mcludmg
rental housmg, factcry-bullt housmg, and mobdehcmes, and shaU
make adequate prOVISIon for the eXIsting and projected needs of
aU economIC segments of the community. The element shaH con tam
all of the followmg:
(a) An assessment of housing needs and an inventory
of resources and constramts relevant to the meet-
ing of these needs. The assessment and lnven tory
shall mc1ude the foHowmg:
(1) AnalYSIS of populatIon and employment trends
and documentation of prOjectIons and a quanti-
fication of the local1ty's eXlstmg and prOjected
housmg needs for all mcome levels. Such
existmg and prOjected needs shall mclude the
locali ty's share af the regIonal houSing need
In accordance With SectIon 6558l!..
(2) AnalYSIS and documentatIon of household char-
actenstlcs, mcludmg level of pay men t com-
pared to abllity to pay, housmg characterIstIcs,
including overcrowding, and housmg stock con-
ditIon.
(3) An Inventory of land SUItable for resIdentIal
development, includIng vacant SItes and sItes
havmg potential for redevelopment, and an
analYSIS of the relatlOnshIp of zomng and pubhc
faCllitles and servIces to these sHes.
(4) AnalYSIS of potential and actual governmental
constramts upon the mamtenance, Improve-
ment, or development of hOUSIng for al1l1lcame
levels, mcluding land use controls, bUilding
codes and theIr enforcement, sIte Improve-
ments, fees and other exactlOns reqUIred of
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e
developers, and local processmg and permrt
procedures.
(5) AnalYSIS of potential and actual nongovern-
mental constraInts upon the mamtenance, lm-
provement, or development of housmg for all
Income levels, mc!udmg the availabrh ty of
financmg, tl-Je pnce of land, and the cost of
constructron.
(6) Analysrs of any specIal housmg needs, such as
those of the hanolcapoed, eiderly, large faml-
l1es, farm workers, and famIlres wIth female
heads of houseI-JoJds.
(7) AnalysIs of opportunities for energy conserva-
tIon wIth resoect to reSIdentIal develooment.
(b) A statem~'1t of the community's goals, quantIfIed
ObJectIves, and poliCIes relatrve to the 'l'lamte-
nance, rmprove'nent, and development of housmg.
It IS recogmzed that the total hOUSIng needs
IdentIfIed pursuant to subdiVISIon (a) may exceed
avaIlable resources and the communIty's abdlty to
satIsfy thIS need wlthLn the content of the general
plan requrreme"lts outlrned In Article 5 (commenc-
mg WIth SectIOn 65300). Under these crrcum-
stances, the quantIfIed ObjectIves need not be Iden-
tIcal to the ldentlfled eXIstmg housmg needs, but
should establish the maxImum number of hOUSIng
units that can be constructed, rehabilItated, and
conserved over a frve-year tIme frame.
(d A program WhICh sets forth a fIve-year schedule
of actions the local government is undertakmg or
Intends to undertake to Implement the polICIes and
achIeve the goals and objectives of the hOUSing
element through the admInistratIon of land use and
development controls, provlsLOn of regula tory con-
ceSSIons and Illcentlves, and the utllizatlon of ap-
propna te federal and sta te fmancmg and SubSIdy
programs when available. In order to make ade-
quate provislon for the housmg needs of all econom-
IC segments of the communIty, the program shall
do all of the following:
(1) Identlfy adequate SItes WhIch wIll be made
avaIlable through appropria te zonmg and devel-
opment standards and WIth publ1c serVICes and
facilities needed to facilitate and encourage
the development of a vanety of types of
housmg for all mcome levels, mcludmg rental
housmg, factory-bud t hOUSing and moblle-
homes, m order to meet the commumtyts hous-
mg goals as ldenttfled m 5ubdivlsion (h).
(2) ASSIst In the development of adequate housmg
to meet the needs of low- and madera te-
income households.
(3) Address and, where approprra te and legally
possible, remove governmental constraInts to
the mamtenance, improvement, and develop-
ment of housmg.
e
Goals, objectlves,rand poliCles
Implementation
program
.
A-1-3 .
Regional housing.
needs
e
e
(4) Conserve and Improve the conditIon of the
eXistmg affordable housmg stock.
(5) Promote housmg opoortunltles for all persons
regardless of race. rellgwn, sex, mantal status,
ancestry, natIonal anglO, or color.
The program shall mclude an lOe'1tiflcatlon of the agencIes
and offiCials responsIble for the ImplementatlOn of the varIOUS
actIons and the means by whIch conSIstency w1l1 be achIeved WIth
other gef'eral plan ele'Tlents and commumty goals. The local
government shall make a dl.hgent effort to achIeve pubhc partICIpa-
tion of all economiC segments of the community 10 the develo~ment
of the housmg element, and the program shall describe thIS effort.
(Added by 513 ts. 1980. Ch. 1143.)
65584. (a) For purposes of subdIVIsIOn (a) of SectIon 65583, a
locahty's share of the regional hOUSing needs mcludes that share
of the houSlng need of persons at all mcame levels wlthm the area
slgmficantly affected by a JunsdIctlon's general plan. The distnbu-
hon of reg!onal housmg needs shall, based upon available data, take
into consideratIOn market demand for housmg, employment oppor-
tumtIes, the avallab!lI ty of SUI table sHes and publ1c faclhtles,
commutmg patterns, type and tenure of \i.ousmg need, and the
housmg needs of farm'vorkers. The dIstrIbUtion shall seek to aVOId
further ImpactlOn of localItles With relatively hIgh prooortIons of
lower mcome households. Based upon data prOVided by the Depart-
ment of Housmg and CommunIty Development relative to the
stateWIde need for housmg, each council of gove..nments shaU
determme the eXistmg and projected hOUSIng need for Its reglOn.
The Department of Housmg and Commumty Deve!opment shall
ensure that thIS determmatIon IS conSIstent with the stateWide
housmg r>eed and may reVIse the determinatIon of the councd of
governments 1f necessary to obtam thIS consistency. Each locality's
share shall be determined by the appropna te counCIL of governments
conSIstent With the cntena above WIth the adVice of the department
subject to the procedure establIshed pursuant to subdIvlSlon (c).
(b) For areas with no councIl of governments, the Depart-
ment of Housmg and Commumty Development shaH determme
housing market areas and defme the regJOnal housJng need for
locahtIes wlthm these areas. Where the department determmes
that a local government possesses the capabIlIty and resources and
has agreed to accept the responsIbIlIty, WIth respect to Its jUnSdIC-
t1On, for the JdentJilcatlon and de term matron of housmg market
areas and regIonal housmg needs, the department shall delegate
this responslb1l1ty to the local governments wlthm these areas.
(c) Withm 90 days followmg a determmatIon of a councJl
of governments pursuant to subdJVISIOn (a), or the depart'llent's
determmatIon pursuant to subdivIsJon (b), a local government may
revIse the defImtron of Its share of the regJonal housmg need. The
rev Ised share shall be based upon available data and accepted
plannmg methodology, and supported by adequate documentatIon.
Withm 60 days of the local government's reVISJOn, the councIl of
governments of the department, as the case may bet shall accept
the reVlSlon or shall mdicate, based upon available data and accepted
planning methodology, why the reVISIon is mconSlstent WIth the
regIonal hOUS1'lg need. The hOUSIng element shaH contain an analYSIS
of the factors and Circumstances, With all supportmg data, justIfymg
the reVISIon. AU materials and data used to JustIfy any reViSIon
.A-1-4
e
shall be made avaIlable uoon request by any mterested party wlthm
!f5 days upon payment of reasonable costs of reproductlOn unless
such costs are waIved due to economIC hardshIp.
(d) .l\ny authocty to reVIeW and reVise a local government's
share of the regIonal housmg "leed granted under thiS sect!On shall
not constItute authOrity to reVIse, approve, or dIsapprove the manner
In whIch the local government's share of the regIonal housmg I"eed
IS Implemented through 1 ts l,ousmg program.
(Added by Stats. 1980, Ch. 1143.)
65585. . (a) Eac!'J CIty, county, and CIty and county shaH consIder
the gUIdelmes adopted by the Department of Housmg and Commumty
Development pursuant to SectIon 50459 of the Health and Safety
Code In oreparatlOn. and amendment of the rousmg e1e-nent oursuant
to thIS artIcle. Such gUIdelmes shall be adVisory to each local
government 10 order to aSSIst It in the preparatIon of its hOUSing
element.
(b) At least 90 days prIor to adoptIon of the housmg dement
pursuant to thIS artIcle and SectIon 65357, or at least 45 days prior
to the adoptIon of an amendrne.,t to thIS element, tl,e plannmg
agency of a CIty, county, or City and county shaH submIt a draft
of the element or ame'1dmel1t to the Department of Pausing and
Community Development. T~e department shall reVIew drafts
submItted to It and reoort Its findmgs to the plaf'lnmg agency wlthm
90 days of receIpt of the draft in the case of adoptlon of the
housmg element pursuant to thlS artIcle, or wIthm 45 days of
receIpt of the draft In the case of an amendment. The legIslative
body shall conSIder the department's fmdmgs DrlOr to flnal adoDtlOn
of the hOUSIng e1eme"t or amendment.
(c) Each toeal gover'1ment shaH prOVIde the department WIth
a copy of Its adopted housmg element or amendments. The
department may reView adopted housmg elements or amendments
and report its fmdmgs.
(d) Except as prOVided m SectlOn 6.55&6, any and all flndmgs
made by the Department of Housmg and Community Development
pursuant to subdiVISIons (b) and (c) shaH be adVIsory to the local
government.
(Added by Stats. 1980, Ch. 11 43.}
65586. Local governments shall conform the~r housmg elements
to the prOVISIons of thIS artIcle on or before October 1, 1981.
JUrIsdictiOns With housmg elements adopted before October 1, 1981,
In conformIty WIth the housmg element gwdelInes adopted by t~e
Department of Housmg and Commumty Development on Decem-
ber 7, 1977, and located In Subchaoter 3 (commenclOg WIth SectIon
6300) of Chapter 6 of Part 1 of Title 25 of tt),e California A,dminlS-
trattve Code, shaU be deemed In comphance w!th thIS artlcle as
of 1tS effectIve date. .A.. locality wlth a housmg element found to
be adequate by the department before October I, 1981, shall be
deemed In conformity WIth these guIdehnes.
(Added by Stats. 1980, Ch. 1143.)
65'87. (a) Each CIty, county, or city and county shan brIng
its housmg element, as reqUired by subdlvlSlon (c) of Sectlon 65302,
into conformIty WIth the reqUirements of thIS artIcle on or before
October 1, 1981. No extenSIon of tIme for such purnose may be
granted pursuant to Sect10n 6.5302.6, notwIthstandmg 1 ts prOVISIOn!
to, the contrary.
e
Housmg element
guidelines
State reVIew
Copy
Advisory review
Deadhne for
adoption
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Judic1a.l standard
of reVIew
PerIodic revisIon
Legal effect
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e
(b) Any actlon brought ~y an tnterested parry to reVIew the
conformity with the prOVlSIons of thIS artIcle of any housIng element
or portion thereof or reVISIon thereto shall be brought pursuant to
Secnon l n&j Qf the Code of CIVil Procedure; the court's review
of compl1ance WIth the orOViSlons of thiS artIcle shall extend to
whether the housmg element or portlon thereof or reVISIon thereto
reasonably comoiles WIth the requuements of thiS article.
(Added by Stats. 1980, Ch. 1143.)
65588. (a) Each !ocal government shall reVIew Its '1ousmg ele-
ment as frequently as appropnate to evaluate aU of the foHowmg:
(1) The aoproonateness of the housmg goals, obJec-
tIves, and pohcles 10 contnbutmg to the attalnment
of the state housmg goal.
(2) The effectIveness of the housmg element 10 a tta1O-
ment of the communIty's hOUSing goals and obJec-
tlVes.
(3) The orogress of the City, county, or city and county
in lmp!ementanon of the housmg element.
(h) The housmg element shall be reVIsed as appropnate, but
not less than every flve years, to reflect the results of thiS penodiC
reView, except that the fIrst suc, reVISIOn shall be accomplished
by July 1, 1984-.
(Added by Stats. 1980, Ch. 1143.)
6"89. (a) ~othlng In thIS artIcle shall reqUIre a CIty, county,
or City and county to do any of the foHowmg:
0) Expend local revenues for the constructIon of hous-
lng, housmg SubSIdIes. or land acqUlsitIon.
(2) Disapprove any reSidential development which lS
conSistent With the genera! plan.
(b) Nothmg in thlS article shall !:le construed to be a grant
of authonty or a repeal of any authOrIty WhICh may eXIst of a
local government to Impose rent controls or restnctIons on the
sale of real property.
(c) Nothmg In thIS artIcle shaH be construed to be a grant
of authonty or .. repeal of any authorIty WhiCh may eXist of a
local government wrth respect to measures that may be undertaken
or requIred by a local government to be undertaken to Implement
the housmg element of the local general plan.
(d) The prOVISIons of this artlcle shall be construed con-
Sistent With, and 10 promotlon of, the statewide goal of a suffICient
supply of dece'1t housmg to meet the needs of all Cal1formans.
(Added by Stats. 1980, Ch. 1Ilt3.)
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I'
Recommende~bstitution to pages 20-22 of ... Policy Report and
page~ 245-~-'of the Technlcal Report. ..,
Table
Attachment 2:
Assistance Needs of Lower-Income
Renter Households
Elderly
Small Family
Large Fami 1y
Total
Annual Need
108
134
13
255
5-Year Need
540
670
65
1,275
Note: Due to rounding, actual needs may be slightly lower
Sources: SCAG, Santa Monica Planning Depcrtment.
Moderate and high-income households may also have housing assistance
needs. However, data is lacking concerning these needs. In addition, because
of higher income, these households can exercise considerably more choice regarding
their housing than can lower-income households.
If the City is to maintain its economic diversity, in addition to meeting
the nE'eds identified through the HAP analysis, there \'ofOuld be a need for housing
developed in the City to be affordable to income groups in proportion to their
percentage in the current population. Using'1970 Census income data, this would
indicate a need for about 29% of new housing to be affordable to very low-income
households, 13% to low-income households, 23% to moderate-inccme households~
and 35% to high income households.
fhe needs dlscussed above could be addressed in a number of ways; througr
efforts of both the private and public sectors. The Programs Section discusses
existlng housing programs, and proposed rew programs to meet the identified
needs. 't is also noted that due to a variety of factors, including population
changes, income changes, demolitions and new construct~ons; Rent Control~ real
estate market changes, and varlOUS government programs; housing needs may have
changed since the RHAM base data was prepared.
Gro1;Jth Needs
In 1982; as part of a new Regional Housing Allocation Model (RHAM), the
Southern California Association of Governments (SCAG) developed an estimate of
Santa Monica growth to 1986. The RHAM growth component is discussed here.
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T
lV-
. Included w,thin the~AM growth estimate are the gOa~Of achiev,ng an overall
5 percent vacancy rate by 1986, and of replaclng all housing units demolished
through the recycllng process. The RHAM growth flgures are an estlmate of need
and do not necessarily represent goals which can te achieved, given various constralnts
faclng the City. The RHA~ also allocates housing un1ts by income category, displaYlng
both a reglonal and a City distribution.
The RHAM estimates that there 1S a need for 2,298 households to be added between
1981 and 1986. The RHAM also shows a need for 1,839 hou~lng units to be developed
to achleve an overall 5% vacancy rate, and 1,122 units to replace units demolished
because of recycllng. Together these three components estimate development of 5,259
new housing units between 1981 and 1986, and a net lncrease of 4,137 unlts. These
numbers are displayed in the Table below.
Table
RHAM Estimated Growth
2,298 New Units (growth nee4)
1,839 New Units (to achieve deslrable vacancy rate)
1,122 New Units (to replac~ demolished units)
5,259 (New Units)
- 1,122 (Replacement Units)
4,137 (Net Estimated Grow~ Need)
~
Using the 5,259 new unit figure, the RHAM provides a distribution of
units by inccme category, showing both "regidnal income distributlOn" and "City
income distribution." If the Clty were to maintain the local income grcup distri-
bution, the set of "City" numbers would be ~ employed; if the Clty rlere to become
more similar to the region, the set of "regionart numbers would be used. Given
that one of the primary goals of the Housing Element is to maintaln housing
opportunities for all income grcupSt the use of the II City II income distribution
wculd be most appropriate. Both sets of numbers are shown in the table below.
Table
Growth Component
Income Group Distribution
Total
Very Lm"
Low
Moderate
High
Regional
Income
Distribution
~,259
100%
1,200
22.82%
716
13.61%
1,238
23.55%
2,105
40.02%
City Income
Distributlon
5t259
100%
L552
29.50%
721
13.70lo
1,141
21. 0%
1,846
35.10% A-2-2
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The RHAM estimates a need for annual development of an average of 1,05, new
unlts per year, and 827 net added unlts per year. It should be noted that for a
variety of reasons, the RHAM growth need goals may be dlfficult to achleve. Natlonal,
regional, and local economlC, social, and legal factors could significantly affect
actual growth levels. Because of such constraints, lt is estimated that actual
growth levels for the 1981-83 period wlll be from 1,500 to 2,500 nEW unlts developed.
The RHAM also fncludes a policy goal of achieving a 5 percent overall
vacancy rate by 1986. 1,839 new units, over and above expected growth, would
have to be added to the housing stock to achieve this goal. The City accepts
the 5 percent figure as a highly desirable goal towards which to strive.
It is noted, however, that the constraints under which the City will operate
in its efforts to meet the basic growth needs with adequate distribution by
lncome grcups will make provision of ynits to achieve the 5 percent vacancy
rate difficult. The City's houslng program mu~t first address the needs
of existing and expected households. If the City is able to overcome the
significant constraints to meeting those needs, efforts can then be dlrected
towards achieving the 5 percent vacancy goal.
Sum~ary of Annual Goals
Below is a s~mmary of broad annual housing S lals.
Annual Rehabi~itation Needs
Owner
Renter
T ota 1
6 Units
152 Units
158 Units
Annual Assistance Needs
Owner Renter
Elderly 3 Units 108 Units
Sma 11 Famil y 2 Un its 134 Units
Large Fami ly 0.4 Units 13 Units
TOTAL 5.4 Units 255 Units
Growth Needs Estimate
Very LO\tJ low ~loderate High
310 Units 144 Units 228 Units 369 Units
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.
~\ttachment 3 :
-
Revlsed new program.
e
DRAFT HOUSING ELEMENT
STAFF RECOMMENDATIONS
Add new program:
PROGRAM 45: Requlre that all tentatlve subdivislon maps prohibit discrimlna-
tlon.
OBJECTIVE: Prevent arbitrary discrlmination.
DESCRIPTION: The Planning Commission or City Council on appeal shall impose
as a conditlon of 5ubdlvislon map approval that the Conditions, Covenants
and Restrictlons (CC&R's) of same prohibit all forms of arbitrary d1scr1mina-
tion. Prior to approval of a final mapt the City Attorney shall review the
CC&R's for compllance with this condition. This POllCY is conslstent with
the actions of the Planning Commlssion and City Council, which for several
years have 1mposed such requirements as part of the subd1v1sion process.
IMPLEMENTATION:
ResponS1ble Agency: Planning Commlssion, Clty Council, Clty Attorney.
Cost: No significant costs.
Staffing: Exist1ng staff sufficient.
Funding: No spec1al fundlng required.
Schedule: I
Quantified Impact: Occupancy of units 1n new subdlviSlons will not be
restrlcted on the bas1s of arbitrary discrimination.
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Attachment 4: Addi4llhal new program.
e
DRAFT HOUSING ELEMENT
STAFF RECOMMENDATIONS
Add new program:
PROGRAM 51: Provide adequate si~es for hOllsing~ including ownershlp houslng.
rental housing~ factory bUllt tlousing, and mobilehomes.
OBJECTIVE: Provlde adequate sHes for houslng.
DESCRIPTION: The City shall review and reVlse its development regulations
as needed to faCllitate the provision of adequate sites for a variety of
houslng types, including ownership houslng, rental houslng, factory built
houslng and mobilehomes.
IMPLEMENTATION:
Responsible Agency: Community and EconomlC Development Department.
Co~t: No signlficant costs.
Staffing: EXlsting staff sufficient.
Fundlng: No speclal fundlng required.
Schedul e: I
Quantified Impact: This Program wlll promote a variety of housing types
avallabie to the City's 88,000 resldents.
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