HomeMy WebLinkAbout06/01/2010, C9 - REVIEW OF HOUSING AND COMMUNITY DEVELOPMENT DEPARTMENT ENDORSED UPDATE OF THE HOUSING ELEMENT OF TH A] council. Mcrine Daze 6-1-10
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C I T Y O F SAN LUI S OBISPO
FROM: John Mandeville, Community Development Directorill^
Prepared By: Kim Murry, Long Range Planning Division 1�
SUBJECT: REVIEW OF HOUSING AND COMMUNITY DEVELOPMENT
DEPARTMENT ENDORSED UPDATE OF THE HOUSING
ELEMENT OF THE CITY'S GENERAL PLAN
RECOMMENDATION
Adopt a resolution to approve the State Housing and Community Development Department
endorsed update of the Housing Element of the General Plan and associated Negative Declaration of
environmental effects.
DISCUSSION
The State office of Housing and Community Development (HCD) is responsible for reviewing and
certifying the City's Housing Element. After the City Council approved the draft update of the
element on January 19, 2010, staff made the Council-directed changes and referred the approved
element to HCD on February 26`h for its review and certification. According to state law, HCD has
up to 90 days to review and either certify the document or provide comments as to why the
document is deficient. Since this was HCD staff's third review of the draft document, staff did not
anticipate that policy or program changes would be forthcoming.
HCD staff and City staff conducted several conference calls to clarify issues during HCD's review
of the document and, ultimately, HCD requested modifications to the supporting documentation.
While no changes to policies or programs were requested, HCD requested changes to more clearly
document residential capacity and to better illustrate how the City implements its housing programs.
Community Development Department staff worked with state staff and provided additional
information in a format that addressed HCD's concerns on April 19th. The City received a letter in
response that indicates the revisions appear to meet HCD requirements. To finalize certification,
HCD requires City Council approval of this updated version of the Housing Element, even though
the changes are solely to the supporting documentation in the appendices, which will not be
included in the General Plan itself. Staff is requesting approval of this final version of the document
(Council Reading File) so that HCD staff can certify the element.
A summary of HCD required additions and modifications is included in the chart below:
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Housing Element Update Final Approval Page 2
Questions/Suggestions Housing Element Revision Pa e
Revise Table 3 to reflect Table 3 revised to show 29 55, 4.. line from the bottom
increased affordability additional moderate income
associated with recent project units for a total of 46 moderate,
proposal 4 low and 2 very low deed
restricted units (previously, 17
moderate units) for Moylan
Terrace workforce housing
project
Revise Table C-2, "Residential Table C-2 revised to note that Appendix C
Development Standards" residential use is allowed as 129, "C-R" zone near bottom
regarding use permit part of mixed use developments of page
requirement for residential use
in C-R zone
Revise Table D-43 "Pipeline Table D-3 revised to include Appendix D
Projects" to include recently 860 Humbert (19 SRO units) 180, top of page
submitted planning applications and 313 South (24 apartments),
for two 100% affordable increasing the number of
housing developments dwellings in the planning -
review process to 302
Describe "special affordability Text added to describe the Appendix C
housing opportunity" at the affordable housing opportunity 140
Village Mobile Home Park created through the Mid-
Higuera Enhancement Plan for
high-density affordable housing
with a potential capacity of 132
two-bedroom dwellings
FISCAL IMPACT
Having a certified Housing Element allows the City to compete for grants and also provides points
to assist applicants' in successful tax credit financing applications. Without certification, grant
funds would not be available to implement some of the City's more successful housing programs.
ALTERNATIVES
1. The Council could decide not to approve the updated Housing Element. This is not
recommended as grant opportunities would be lost and status of the Housing Element would
be subject to legal challenge.
2. The Council could opt to schedule the item as a public hearing item. This alternative is not
recommended because the Council adopted policies and programs remain unchanged.
Delaying submittal of the Housing Element to HCD for certification will further delay the
City's official status of having a certified Housing Element.
CR -a
Housing Element Update Final Approval Page 3
ATTACHMENTS
1. HCD Letter dated April 27,2010
2. Resolution approving the Updated Housing Element and Negative Declaration
Council Reading File: April 2010 Housing Element of the General Plan
G:\CD-PLAMI KMURRY\City Council ReportMousing element Final Approval for HCD.doc
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� �qTATF C)F CALIFORNIA-BUSINESS,TRANSPORTATION AND HOUSING AGENCY ARNOLAtaent 1
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
1800 Third Street,Suite 430
P.O.Box 952053
Sacramento,CA 94252-2053
(916)323-3177/FAX(916)327-2643
www.hcd.ca.gov
April 27, 2010
Mr. John Mandeville
Community Development Director
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
Dear Mr. Mandeville:
RE: Review of the City of San Luis Obispo's Revised Draft Housing Element
Thank you for submitting San Luis Obispo's revised draft housing element received for
review on March 4, 2010 with revisions received on April 21, 2010. The Department is
required to review draft housing elements and report the findings to the locality pursuant
to Government Code Section 65585(b). Telephone conversations with Ms. Kim Murry,
Deputy Director, Long Range Planning, and Mr. Jeff Hook, Senior Planner, facilitated the
review.
The revised draft element addresses the statutory requirements described in the
Department's January 21, 2010 review. For example; the element now demonstrates
adequate sites to accommodate the City's regional housing need and includes a complete
analysis of potential government constraints. The Department's finding of adequate sites
did not consider small sites or sites which will be available within the pending Orcutt
Specific Plan. As a result, the draft element will comply with State housing element law
(Article 10.6 of the Government Code) when adopted and submitted to the Department,
pursuant to Government Code Section 65585(g).
The Department commends San Luis Obispo's commitment to pursue housing
opportunities affordable to lower-income households through the implementation of
Programs 3.14, 6.22, 6.25, and 6.36. We appreciate the cooperation and assistance
provided by Ms. Murry and Mr. Hook throughout the course of the review and look
forward to receiving San Luis Obispo's adopted housing element. For any questions or
additional assistance, please contact Melinda Benson, of our staff, at (916) 445-5307.
Sincerely,
athy reswell
Deputy irector n
- Attachment 2
RESOLUTION NO. (2010 Series)
A RESOLUTION.OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADOPTING AN UPDATED HOUSING ELEMENT OF THE GENERAL PLAN
WHEREAS, State law requires cities and counties to adopt a general plan. The general
plan includes seven required elements, one of which is the housing element. The housing
element must be updated every five (5) years or as otherwise provided by State law; and
WHEREAS, the City of San Luis Obispo has prepared an updated Draft General Plan
Housing Element to address community wide housing needs, challenges and opportunities, and
to meet State law; and
WHEREAS, the Planning Commission and the City Council have held public hearings
on the updated Housing Element in accordance with the California Government Code; and
WHEREAS, the City Council has considered the input of diverse community interests
and housing stakeholders in the preparation of the updated Housing Element to identify
community needs and to recommend housing policies and programs; and
WHEREAS, the potential environmental impacts of the updated Housing Element have
been evaluated in accordance with the California Environmental Quality Act pursuant to an
initial environmental study (City File Number ER 120-08), and the Community Development
Director has granted a negative declaration of environmental impact; and
WHEREAS, the Planning Commission recommends the City Council approve the
negative declaration of environmental impact and the updated Housing Element.
WHEREAS, by a separate resolution the City Council found that there is no evidence
from which it can be fairly argued that the project will have a significant, adverse effect on the
environment, and consequently certified and approved the negative declaration of environmental
impact for the Updated Housing Element; and
WHEREAS, the City Council has reviewed the changes to the January 2010 adopted
Housing Element requested by the State Department of Housing and Community Development
(HCD) and found that there are only minor changes to the supporting documentation and no
changes recommended to any policies or programs.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Record of Proceedings. The City Council has received and considered the
Planning Commission recommendations, public testimony and correspondence, HCD
recommendations, and the staff reports on the Housing Element Update. Copies of these items
or testimony are on file in the office of the City Clerk and in the Community Development
Department. The Planning Commission held seven public hearings to consider the Housing
Element Update and related matters. The Human Relations Commission held two public hearings
R c9
\' Attachment 2
Resolution No. (2010 Series)
Page 2
and the Airport Land Use Commission held one public hearing to consider the Housing Element
Update and related matters. In addition, staff conducted three public workshops and attended
numerous meetings with stakeholder groups to consider the Update and related matters. The
minutes of those hearings indicate Commission member comments on the Housing Element
Update and are on file in the office of the City Clerk.
SECTION 2. Public and Agency Review. Drafts of the proposed Housing Element Update
have been made widely available for review and comment by interested agencies and individuals.
Copies were posted on the City's website and were distributed to the San Luis Obispo City-
County Library and to the California State Department of Housing and Community Development
("HCD") as required by law, and to governmental and non-profit housing agencies whose
jurisdiction includes housing issues within the San Luis Obispo Area. An email list of interested
parties has been kept abreast of hearings, proposed changes and updates to the Housing Element
in addition to distribution required by law.
SECTION 3. Findings. This Council, after considering the April 2009 Housing.Element, the
Planning Commission's recommendations, staff recommendations, public testimony and
correspondence, and reports thereon, makes the following findings:
1. The Housing Element Update, as contained in the document titled "Council Hearing
Draft General Plan Housing Element", dated April 2009, Exhibit "A" on file in the
Community Development Department (hereinafter "the Update"), is consistent with all
elements of the General Plan.
2. The Update will promote public health, safety, and welfare by: preserving housing that is
affordable to extremely-low, very-low, low- and moderate income households;
encouraging variety in housing types, sizes, cost, and tenure; establishing programs to
ensure that most new,development incorporates affordable housing, pays an "in-lieu" fee
toward the development of affordable housing, or otherwise contributes to the production
of affordable housing; establishing incentives to encourage and help defray the costs of
affordable housing development; affirmatively furthering fair housing opportunities; and
by setting quantified objectives for housing production, rehabilitation, preservation and
conservation.
3. Consistent with provisions of California Government Code Section 65583 (b)(2), San
Luis Obispo has evaluated its ability to accommodate its Regional Housing Need
Allocation (RHNA) number of 1,589 dwellings by July 2014 and has adopted quantified
objectives that are the same as the RHNA number. There is sufficient land suitable for
residential development to accommodate the RHNA number within the planning period.
4. The April 2009 Draft Housing Element was submitted to HCD for its review, as required
by State law. The Update includes additional information and analysis in response to
HCD comments. The Council has determined that the Update conforms to the statutory
requirements of State housing element law (Article 10.6 of Government Code).
Attachment 2
Resolution No. (2010 Series)
Page 3
/ 5. Council hereby finds that the Update will not operate to directly limit the total number of
dwellings which may be constructed on an annual basis, since dwellings affordable to
extremely-low, very-low, low-, and moderate income households, and dwellings
constructed in the Downtown Core (C-D Zone), are exempt from Residential Growth
Management Regulations.
SECTION 4. Approval of the 2009 Housing Element. Council hereby approves the 2009
Housing Element, as set forth in Exhibit A.
SECTION 5. Publication and Availability. The Community Development Director shall
cause the updated Housing Element to be published and provided to City officials, concerned
agencies, public libraries, and to the public. The Director shall also transmit a copy of the
Update to HCD for its final review, as required by State law.
SECTION 6. Effective Date. The 2009 Housing Element shall become effective immediately
upon adoption of this resolution.
SECTION 7. Repeal of Previous Element. The Housing Element adopted March 30, 2004 and
as subsequently amended, is repealed upon the effective date of the 2009 Housing Element.
Upon motion of , seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this 19th day of January, 2010.
David F. Romero, Mayor
ATTEST:
Elaina Cano
City Clerk
APPROVED AS TO FORM:
9—(C:;.
Attachment 2
Resolution No. (2010 Series)
Page 4
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Attorney