AGENDA
ITEM NO. 3.
DATE: October 11, 2022
ITEM NO. 3.
DATE: October 11, 2022
PLANNING DEPARTMENT STAFF REPORT
SUBJECT
PUBLIC HEARING TO CONSIDER CITY-WIDE GENERAL PLAN AMENDMENT NO. 22-02 (2021-2029 HOUSING ELEMENT UPDATE)
DESCRIPTION OF APPLICATION
The proposed General Plan Amendment consists of a comprehensive update of the Housing Element of the West Covina General Plan for the 2021-2029 planning period. The Housing Element includes analysis of the community's housing needs, opportunities and constraints, as well as policies and programs to facilitate the construction, rehabilitation, and preservation of housing for all economic segments of the community.
BACKGROUND
The International City/County Management Association defines development planning as the process by which citizens and local government officials identify and seek to achieve a desirable future for their community. The development planning process has two principal outcomes: the first is public understanding of - and consensus on pursuing - the community's vision for future growth; the second is a land use plan that 1) translates the vision into a physical pattern of neighborhoods, commercial and industrial areas, roads, and public facilities, and 2) includes the policies and regulation necessary for plan implementation. Common elements of community development planning include an orientation toward the future, the deliberate management of change, a broadly collaborative process, and a balancing of competing interests.
California State law requires that all cities in the Southern California Association of Governments (SCAG) region prepare an update to the Housing Element of the City General Plan for the 2021-2029 planning period. The City of West Covina commenced preparation of the Housing Element update in 2020 and previous public meetings were held on May 20, 2021, October 27, 2021, February 8, 2022 and March 1, 2022 regarding the Housing Element. City staff reports and related materials from these previous meetings are available on the City's Housing Element website at: Housing Element
California State requirements for Housing Elements are much more detailed than for any other element of the General Plan. One of those requirements is that cities must submit Housing Elements to the California Department of Housing and Community Development (HCD) for review, and HCD's comments must be considered when adopting a Housing Element update. The City's draft Housing Element incorporating public comments was prepared and submitted to HCD in November 2021. On January 14, 2022 HCD issued a letter (Attachment 2) stating that the draft element addresses many statutory requirements; however, revisions will be necessary to comply with State Housing Element Law.
California State law requires that all cities in the Southern California Association of Governments (SCAG) region prepare an update to the Housing Element of the City General Plan for the 2021-2029 planning period. The City of West Covina commenced preparation of the Housing Element update in 2020 and previous public meetings were held on May 20, 2021, October 27, 2021, February 8, 2022 and March 1, 2022 regarding the Housing Element. City staff reports and related materials from these previous meetings are available on the City's Housing Element website at: Housing Element
California State requirements for Housing Elements are much more detailed than for any other element of the General Plan. One of those requirements is that cities must submit Housing Elements to the California Department of Housing and Community Development (HCD) for review, and HCD's comments must be considered when adopting a Housing Element update. The City's draft Housing Element incorporating public comments was prepared and submitted to HCD in November 2021. On January 14, 2022 HCD issued a letter (Attachment 2) stating that the draft element addresses many statutory requirements; however, revisions will be necessary to comply with State Housing Element Law.
DISCUSSION
Overview
California State law sets forth extensive requirements for Housing Elements and land use regulations related to housing, and many new housing laws have been adopted by the State Legislature in recent years. Over the past several months the City has been working to prepare a revised Housing Element that fully addresses HCD's comments. The purpose of this meeting is to provide an opportunity for the Planning Commission and interested parties to review the revised draft Housing Element and consider recommending its adoption by the City Council.The draft Housing Element for the 2021-2029 planning cycle includes the following sections:
Two of the most important issues that must be addressed in the Housing Element update are:
Housing for Persons with Special Needs
Regional Housing Needs Assessment (RHNA)
The Housing Element must demonstrate through a parcel-specific analysis that the City's land use plans and regulations provide sufficient opportunities for additional housing to fully accommodate the housing needs allocated in the RHNA. Appendix B of the Housing Element contains a detailed analysis of the potential for additional housing development. The analysis shows that there is adequate capacity for additional housing to fully accommodate the City's RHNA allocation. Most of the capacity for additional housing is provided in the Downtown Plan area and in the new Mixed Use Overlay Zone that was reviewed by the Planning Commission on September 13th. If adopted by the City Council, the Mixed Use Overlay will update zoning regulations to ensure consistency with the General Plan by allowing a blend of residential and non-residential development in several zones where housing is not currently permitted. The MUO area provides significant new opportunities for residential development to help address RHNA requirements.
In addition to traditional housing development, future accessory dwelling units (ADUs) also satisfy a portion of the RHNA requirements. The City has recently seen a significant increase in ADU construction, and according to recent SCAG analysis, approximately 70% of ADUs recently built in Los Angeles County qualified as affordable housing.
It is important to note that the RHNA allocation is a planning requirement based upon housing need, not a construction quota or mandate, nor a prediction of how much additional housing is expected to be built during the next 8 years. The significance of the RHNA is that jurisdictions must adopt land use plans and development regulations that could accommodate different types of housing commensurate with the RHNA allocation. Under current law, cities are not penalized if actual housing production does not achieve the RHNA allocation, but some provisions of State law require cities to streamline the review and approval process for qualifying housing developments that meet specific standards (such as affordability and prevailing wage labor requirements) if housing production falls short of the RHNA allocation.
HCD Review
The State legislature has delegated authority to HCD to review Housing Elements and issue opinions regarding their compliance with State law. A finding of substantial compliance by HCD is referred to as Housing Element certification and is important to enhance cities eligibility for grant funds and to support the validity of the General Plan in the event of a legal challenge.
After reviewing the City's draft Housing Element, HCD issued a letter on January 14, 2022 (Attachment 2) describing changes to the draft Housing Element that will be required in order to fully comply with State law. Attachment 3 provides a summary of HCD's comments and how the Housing Element has been revised to address those comments.
While many of HCD's comments have been addressed by providing additional technical data and analysis in the Housing Element, some comments require substantive changes to housing policies, programs or regulations as discussed below.
Proposed changes to current City policies and regulations to ensure conformance with State law
The following programs are included in the draft Housing Element to address recent changes to State law and HCD comments.
The revised draft Housing Element is provided as Exhibit A to the Planning Commission Resolution (Attachment 1). Proposed revisions to the Housing Element made in response to HCD comments are shown in strike out/underline and is posted on the City website. It is staff's opinion that with the proposed revisions, the draft Housing Element fully addresses HCD's comments and substantially complies with the requirements of State law. Programs calling for revisions to current regulations will require subsequent review and public hearings by the Planning Commission and City Council prior to approval.
California State law sets forth extensive requirements for Housing Elements and land use regulations related to housing, and many new housing laws have been adopted by the State Legislature in recent years. Over the past several months the City has been working to prepare a revised Housing Element that fully addresses HCD's comments. The purpose of this meeting is to provide an opportunity for the Planning Commission and interested parties to review the revised draft Housing Element and consider recommending its adoption by the City Council.The draft Housing Element for the 2021-2029 planning cycle includes the following sections:
- An Introduction providing background information and context for the Housing Element (Section 1)
- The Housing Plan describing policies and programs for the 2021-2029 planning period (Section 2)
- An analysis of the city's demographic and housing characteristics and trends (Section 3)
- A review of potential constraints to meeting housing needs (Section 4)
- An evaluation of resources and opportunities available to address housing issues (Section 5)
- A review of accomplishments during the previous planning period (Appendix A)
- An inventory of the potential sites for housing development (Appendix B)
- A summary of public participation during the preparation of this Housing Element (Appendix C)
- An assessment of fair housing issues (Appendix D)
Two of the most important issues that must be addressed in the Housing Element update are:
1) how City land use regulations address the special housing needs of those with disabilities or other housing difficulties
2) how City policies, plans and regulations create sufficient opportunities for housing development to accommodate the City's assigned share of the region's need for additional housing at all income levels as determined through the Regional Housing Needs Assessment (RHNA) process.
2) how City policies, plans and regulations create sufficient opportunities for housing development to accommodate the City's assigned share of the region's need for additional housing at all income levels as determined through the Regional Housing Needs Assessment (RHNA) process.
Housing for Persons with Special Needs
Under State law cities must ensure that their plans and regulations facilitate the provision of housing for persons with special needs such as disabilities or homelessness. There are many specific requirements set forth in State law relating to City housing regulations, and the Constraints chapter of the Housing Element includes a detailed analysis of those requirements. Changes to City regulations needed to ensure conformance with current State law are discussed below.
Regional Housing Needs Assessment (RHNA)
Under State law all cities are required to plan for additional housing to accommodate population growth and address existing housing problems such as overcrowding and housing cost burden. State law recognizes that cities generally do not build housing, since that is typically the role of the private sector. However, cities are required to adopt policies, development regulations and standards to encourage a variety of housing types to accommodate households at all income levels. The RHNA is the process by which each jurisdiction's share of new housing needs is determined.
In late 2019 HCD issued a RHNA determination of 1,341,827 additional housing units for the SCAG region during the 2021-2029 period. Following HCD's RHNA determination, SCAG prepared a methodology for allocating a portion of the total RHNA to each jurisdiction in the region consistent with criteria established in State law, and after a series of public hearings SCAG adopted the final RHNA Plan on March 4, 2021. West Covina's assigned RHNA allocation for the 2021-2029 period is 5,346 units distributed among income categories as follows:
In late 2019 HCD issued a RHNA determination of 1,341,827 additional housing units for the SCAG region during the 2021-2029 period. Following HCD's RHNA determination, SCAG prepared a methodology for allocating a portion of the total RHNA to each jurisdiction in the region consistent with criteria established in State law, and after a series of public hearings SCAG adopted the final RHNA Plan on March 4, 2021. West Covina's assigned RHNA allocation for the 2021-2029 period is 5,346 units distributed among income categories as follows:
|
Extremely Low+ Very Low
|
Low
|
Moderate
|
Above Moderate
|
Total
|
|
1,653
|
850
|
865
|
1,978
|
5,346
|
The Housing Element must demonstrate through a parcel-specific analysis that the City's land use plans and regulations provide sufficient opportunities for additional housing to fully accommodate the housing needs allocated in the RHNA. Appendix B of the Housing Element contains a detailed analysis of the potential for additional housing development. The analysis shows that there is adequate capacity for additional housing to fully accommodate the City's RHNA allocation. Most of the capacity for additional housing is provided in the Downtown Plan area and in the new Mixed Use Overlay Zone that was reviewed by the Planning Commission on September 13th. If adopted by the City Council, the Mixed Use Overlay will update zoning regulations to ensure consistency with the General Plan by allowing a blend of residential and non-residential development in several zones where housing is not currently permitted. The MUO area provides significant new opportunities for residential development to help address RHNA requirements.
In addition to traditional housing development, future accessory dwelling units (ADUs) also satisfy a portion of the RHNA requirements. The City has recently seen a significant increase in ADU construction, and according to recent SCAG analysis, approximately 70% of ADUs recently built in Los Angeles County qualified as affordable housing.
It is important to note that the RHNA allocation is a planning requirement based upon housing need, not a construction quota or mandate, nor a prediction of how much additional housing is expected to be built during the next 8 years. The significance of the RHNA is that jurisdictions must adopt land use plans and development regulations that could accommodate different types of housing commensurate with the RHNA allocation. Under current law, cities are not penalized if actual housing production does not achieve the RHNA allocation, but some provisions of State law require cities to streamline the review and approval process for qualifying housing developments that meet specific standards (such as affordability and prevailing wage labor requirements) if housing production falls short of the RHNA allocation.
HCD Review
The State legislature has delegated authority to HCD to review Housing Elements and issue opinions regarding their compliance with State law. A finding of substantial compliance by HCD is referred to as Housing Element certification and is important to enhance cities eligibility for grant funds and to support the validity of the General Plan in the event of a legal challenge.
After reviewing the City's draft Housing Element, HCD issued a letter on January 14, 2022 (Attachment 2) describing changes to the draft Housing Element that will be required in order to fully comply with State law. Attachment 3 provides a summary of HCD's comments and how the Housing Element has been revised to address those comments.
While many of HCD's comments have been addressed by providing additional technical data and analysis in the Housing Element, some comments require substantive changes to housing policies, programs or regulations as discussed below.
Proposed changes to current City policies and regulations to ensure conformance with State law
The following programs are included in the draft Housing Element to address recent changes to State law and HCD comments.
- Program 3.1 (Reduce Development Constraints) includes a commitment to amend the Development Code to address State requirements regarding the following special housing needs:
- Emergency shelters & AB 139 (2019) limited the allowable parking standards for emergency shelters to the number of spaces required for staff.
- Supportive housing - AB 2162 (2018) amended State law to require that supportive housing be a use by-right in zones where multi-family and mixed uses are permitted, including non-residential zones permitting multi-family uses, if the proposed housing development meets specified criteria.
- Low barrier navigation centers - AB 101 (2019) added the requirement that low barrier navigation centers meeting specified standards be allowed by-right in areas zoned for mixed use and in non-residential zones permitting multi-family uses pursuant to Government Code §65660 et seq.
- Residential care facilities & As part of the Development Code update a definition and regulations will be established for residential care facilities for seven or more people consistent with State law and fair housing requirements, including replacing or modifying the CUP requirement to provide greater objectivity and certainty to expand housing opportunities for persons with disabilities.
- Agricultural employee housing - The Employee Housing Act (Health and Safety Code, §17021.5 and §17021.6) requires agricultural employee housing for six or fewer employees to be treated as a single-family structure and permitted in the same manner as other dwellings of the same type in the same zone, and requires employee housing consisting of no more than 12 units or 36 beds to be permitted in the same manner as other agricultural uses in the same zone.
- Affirmatively furthering fair housing. AFFH is a new requirement for the 6th Housing Element cycle, and extensive additional analysis of fair housing issues is provided in Appendix D. To address HCD comments, Program 5.1 has also been expanded to describe additional actions the City will take to affirmatively further fair housing.
The revised draft Housing Element is provided as Exhibit A to the Planning Commission Resolution (Attachment 1). Proposed revisions to the Housing Element made in response to HCD comments are shown in strike out/underline and is posted on the City website. It is staff's opinion that with the proposed revisions, the draft Housing Element fully addresses HCD's comments and substantially complies with the requirements of State law. Programs calling for revisions to current regulations will require subsequent review and public hearings by the Planning Commission and City Council prior to approval.
ENVIRONMENTAL DETERMINATION
The Housing Element is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines in that it would not approve any development project or other physical change; therefore, the Housing Element does not have the potential for causing a significant effect on the environment. Subsequent housing development projects will be reviewed for compliance with CEQA.
LEGAL REVIEW:
Staff recommends that the Planning Commission adopt Resolution No. 22-6115, recommending that the City Council adopt a resolution adopting General Plan Amendment No. 22-02 for the 2021-2029 Housing Element update.
Submitted by:
Jo-Anne Burns, Planning Manager
Attachments
- Attachment No. 1 - Resolution Recommending Adoption of General Plan Amendment No. 22-02
- Attachment No. 2 - HCD Letter
- Attachment No. 3 - HCD Comments and Responses