HomeMy WebLinkAboutAgenda Packet 061609 Joint Session ITEM NUMBER 1
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Atascadero City Council
Atascadero Planning Commission
Joint Session Workshop
Staff Report— Community Development Department
PLN 2009-1328
2009 Housing Element Update
(City of Atascadero)
RECOMMENDATION
City Council and Planning Commission receive information regarding the 2009 Housing
Element, hear public testimony, and provide feedback to staff
DISCUSSION
The City's current Housing Element was updated and adopted as part of the
comprehensive General Plan update in 2002 The City submitted the Housing Element
to the State for certification, however, the State requested revisions, and the current
Housing Element remains uncertified As required by the State, the City of Atascadero
must update the existing Housing Element and submit for State certification by August
of 2009 To achieve this goal, the City has hired Lisa Wise Consulting to assist in the
Housing Element Update and provide assistance in working with the State to achieve
Housing Element Certification
Background. The act of updating the Housing Element addresses the fundamental
question, "Where should we grow?" This is a responsible approach to ensuring that
Atascadero's housing supply can support a population with a range of incomes so that
multiple generations of families, employers, and employees can all find homes in
Atascadero
The State of California requires that all housing elements be updated every 5 years,
placing Atascadero on the August 2009 schedule with many other cities on the Central
Coast. Mandated by the State, the Housing Element is required to spell out City goals,
policies, and programs to address the community's housing needs Each city's housing
ITEM NUMBER 1
DATE 06/16/09
needs are established through the Regional Housing Needs Assessment (RHNA),
determined by the State for each region, and further distributed within the region to
cities and counties based on methodology developed by SLOCOG While the State
decides how much housing must be planned for, the City Council determines where and
how to plan for new housing within Atascadero A full overview of Atascadero's RHNA
allocation is discussed below
In addition to incorporating policies and programs which meet the RHNA allocation, a
number of State laws have been passed which specify additional items that need to be
included and addressed within the element (see following discussion) As required by
the State, all general plan elements must be consistent, and therefore, the Housing
Element and Land-Use Element overlap in many ways
Housing Element Update Process
Staff has begun working with Lisa Wise Consulting (LWC) to assess the City's progress
on the implementation of listed policies and programs in the previous Housing Element
and gather data relevant to the 2009 update Part of this assessment includes gathering
current demographic data, performing a vacant land inventory of multi-family and
commercial/mixed-use sites (future opportunity sites), and an evaluation of City policies
and regulations governing the provision of housing
On June 9, 2009, LWC conducted a series of interviews with various housing policy
stakeholders to determine community needs and ensure that all housing groups were
represented in the updated Housing Element policies and programs LWC held
interviews with representatives from Habitat for Humanity, the Atascadero Association
of Realtors, the Atascadero Chamber of Commerce, Transitional Food and Shelter,
People's Self-Help Housing, ECHO, and the SLO Housing Trust Fund
Once a Draft Housing Element is complete, staff and LWC will prepare a
recommendation on existing and proposed policies for adoption in the 2009 Update A
Planning Commission meeting will be held to review the draft document and make
recommendations to the City Council prior to submission to the State for review and
certification The City Council will review staff's and Planning Commissions'
recommendations and forward the draft document to the State with any needed
revisions
The State will review the draft document and either certify the document or provide
comments and requested changes in order to achieve certification Based on
information from LWC, the certification generally requires two or three rounds of review
Once the Element is certified by the State, the City Council will adopt the Housing
Element and begin the process of implementing any policies and programs called out in
the updated Element.
ITEM NUMBER 1
DATE 06/16/09
If the City's Housing Element does not receive State certification, funding opportunities
may be lost and the City becomes more vulnerable to lawsuits as the element will be
out of compliance with State requirements
RHNA Process
The Regional Housing Needs Assessment (RHNA) is mandated by State Housing Law
as part of the Housing Element and General Plan update process The RHNA quantifies
housing needs by income category (Very-Low, Low, Moderate, and Above-Moderate)
These allocations are determined on a regional basis and then allocated to each
jurisdiction within the region SLOCOG is responsible for coordinating the State RHNA
allocation in San Luis Obispo County Staff has attached SLOCOG's adopted Regional
Housing Needs Plan (RHNP) for your review (Attachment 1)
The table below shows the 2007-2015 housing allocation for the City of Atascadero
broken down by income category A common misconception is that the City must build
462 new units by 2015, instead, the City must show that its policies and zoning can
accommodate these units In addition, because the previous Housing Element was not
certified, the City must show that both the past allocation (2000-2008) and new
allocation can be accommodated within the City
State/SLOCOG Atascadero Housing Requirement 2007-2015
Median income = $70 800
Income Level Required Income Range
Units (family of 4
Very Low (<50%of Median Household Income) 106 <$35 400
Low (50% 80%) 74 $35 401 - $56 650
Moderate (80% - 120%) 88 $56,651 $84,950
Above Moderate (120%<) 194 >$84,950
Total 462
The Draft Housing Element will show vacant and opportunity sites where housing could
be provided, but it is not yet possible to pinpoint on a map exactly where new lower-
income units will be proposed Staff expects most sites to be along the ECR corridor
Locations for additional housing (either market rate or affordable homes) must be
approved by the Planning Commission and City Council in public meetings, first as part
of the Housing Element update and again during individual project review Through the
Housing Element update process, the City must show that it is feasible to meet the
RHNA, but exact sites do not need to be specified at this point. One of the major
hurdles to certification during the previous cycle was that the City's maximum zoning
was 16 units/acre The State only recognizes a minimum density of 20 units/acre as
providing opportunities for the provision of low and very-low income units The issue of
increasing the RMF density will need to be discussed as this process progresses
ITEM NUMBER 1
DATE 06/16/09
State Laws Requiring Inclusion on the 2009 Housing Element Update
The following new State Laws must be addressed in the Housing Element update
AB 2348 Requires a more detailed inventory of sites to accommodate projected
housing needs and provide greater development certainty
AB 1233 If prior Element failed to identify or implement adequate sites, the local
government must zone or rezone to address this need within one year of update This is
in addition to new projected need
AB 2634 Requires quantification and analysis of existing and projected housing needs
of extremely low-income households Elements must also identify zoning to encourage
and facilitate supportive housing and single-room-occupancy units
AB 2511 Anti-NIMBY protections and no net loss requirement Added potential
penalties for non-reporting of annual General Plan progress report.
SB 1087 Requires local governments to immediately forward adopted Housing Element
to water and sewer providers
SB 575 Strengthens prohibitions against arbitrary denials of affordable housing
projects Amends findings allowing project denial if inconsistent with zoning and General
Plan This finding may no longer be made if the project identified in the Housing
Element is suitable to meet low- or moderate-income need or if the Housing Element did
not identify adequate sites
SB 2 Strengthens State law by ensuring that every jurisdiction identifies potential sites
where new emergency shelters can be located without discretionary review by the local
government. It also increases protections for providers seeking to open a new
emergency shelter, transitional housing, or supportive housing development, by limiting
the instances in which local governments can deny such developments
Conclusion. The 2009 Housing Element update is required by the State to ensure that
an adequate housing supply can be accommodated with the City for residents of all
income levels The Housing Element update process will include community, housing
policy advocate, Planning Commission, and City Council input. The City must show that
all of the community's housing needs can be met throughout the City
ATTACHMENT
SLOCOG Regional Housing Needs Plan
San Luis Obispo Council of Governments
Regional Housing Needs Plan
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Adopted
August 2008
SAN LUIS OBISPO COUNCIL OF GOVERNMENTS
SLOCOG BOARD
2008
President John P Shoals, Mayor, City of Grover Beach
Vice President Supervisor Bruce Gibson, San Luis Obispo County, District 2
City of Arroyo Grande Tony Ferrara, Mayor
City of Atascadero Tom O'Malley, Councilmember
City of Morro Bay Janice Peters, Mayor
City of Paso Robles Fred Strong, Councilmember
City of Pismo Beach Mary Ann Reiss, Mayor
City of San Luis Obispo David Romero, Mayor
San Luis Obispo County, District 1 Supervisor Harry Ovitt
San Luis Obispo County, District 3 Supervisor Jerry Lenthall
San Luis Obispo County, District 4 Supervisor Katcho Achadjian
San Luis Obispo County, District 5 Supervisor James Patterson
Executive Director Ronald De Carli
Project Manager Steve Devencenzi
1
Table of Contents
Regional Housing Need Plan
Executive Summary 3
SLOCOG Principles for Developing Housing Policy 5
Key Concepts 6
Major Considerations 8
Allocation Formula 10
Geography 11
Projected Regional Housing Need By income 11
Schedule 12
Policy for RHNP upon Annexation or Incorporation 13
Appeals Criteria and Process 14
Household Income Categories 15
State Law Governing Housing Elements and Regional Housing Needs 16
2
Regional Housing Needs Plan
EXECUTIVE SUMMARY
The Regional Housing Needs Plan (RHNP) prepared by San Luis Obispo Council of Governments (SLOCOG)
establishes numerical targets for the development of housing units in the state-mandated Housing Element
update Each of the seven incorporated cities and the County of San Luis Obispo unincorporated area are
required to update their Housing Element to accommodate their allocation during 2008-09 For the 2007
through 2015 cycle the California State Department of Housing and Community Development (HCD)
established a regional housing need allocation of 4,885 housing units for the SLOCOG region
The key component of the RHNP is shown on the table that enumerates housing unit allocations by income
categories to SLOCOG member agencies The seven incorporated cities and the County are required to
integrate the housing unit distribution numbers identified in the RHNP in the update the Housing Elements of
their General Plan in order to accommodate their `fair share" of the anticipated future housing demand The
current allocation is shown on Table A below
Table A
Regional Housing Need Allocation by Income Category
Income Category %Share Arroyo Atascadero Grover Morro Bay Paso Pismo San Luis Unincorporated Totals
Grande Beach Robles Beach Obispo County
Very Low 23% 83 106 44 41 149 36 366 298 1124
Low 16% 58 74 31 29 103 25 254 207 782
Moderate 19% 69 88 37 34 123 30 302 246 928
Above Moderate 42% 152 194 81 76 271 66 668 544 2052
362 462 193 180 646 158 1589 1295 4885
The exceedingly high allocation presented to the region in the 2000-2007 housing allocation cycle (18,035
units) challenged many communities as they sought to meet their allocation targets while trying to respect
prior planning efforts, resource and regulatory constraints opposition to increased densities and the high
expenses associated with expanding existing community services The current allocation of 4885 units
should allow member jurisdictions to incorporate the respective targets within the framework of their existing
housing elements without requiring major changes
SLOCOG representatives from the South County cities of Arroyo Grande Grover Beach and Pismo Beach as
well as the District 3 and District 4 members of the Board of Supervisors met on a subregional basis and
agreed that their respective assignments were reasonable and fair The representatives indicated a desire to
caucus during the next Regional Housing Needs Allocation cycle to evaluate the proposed allocation at a
subregional level
3
The RHNP is intended to assure that adequate sites and zoning exist to address anticipated housing demand
during the planning period The targets also help to ensure that sites exist to accommodate the housing need
of a range of socioeconomic segments of a community They are not housing unit quotas that jurisdiction s
must achieve within the time frame of their next housing element update
As noted in the prior RHNP SLOCOG recognizes the importance of creating more housing opportunities for
area residents, especially those at the lower end of the income-earning spectrum Since the prior housing
need cycle the area s housing market has continued to witness unprecedented increases in home sale prices
and rental rates, although the recent mortgage lending crisis has slowed the increase in costs, and resulted in
reductions in many areas they still remain prohibitively expensive for the average wage earner The County
continues to be faced with serious concerns in terms of maintaining the vibrant economy and valued labor
force while protecting natural resources, environmentally sensitive areas, premium agricultural lands, open
spaces and at the same time limiting increases in traffic congestion and protecting and improving air quality
Cities and the County are faced with developing creating ways to foster housing development without
overloading infrastructure and the ability to provide services
The Regional Housing Needs Plan seeks to increase the housing supply and the mix of housing types
tenure and affordability within the region in an equitable manner by using the adopted formula The RHNP
formula's 60/40 weighting toward employment centers promotes infill development, improved intraregional
relationship between jobs and housing and socioeconomic equity the protection of environmental and
agricultural resources and the encouragement of efficient development patterns
Housing need has been allocated to the very low income category at 23% and the low category at 16% for
each agency These exceed the existing 11% for very low and 10% for the low category As such none of
the jurisdictions will be faced with a disproportionately high share of households in those categories
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SLOCOG Principles for Developing Housinq Policy
Jobs/Housinq Balance
People should have a reasonable opportunity to live close to where they work and each urban area
should strive to achieve a better balance between housing and jobs, projects that are appropriately sited
and seek to improve that balance should be encouraged through redesigned and efficient planning and
development processes.
Permit Streamlininq
Local, state and federal agencies should eliminate redundant policies and practices that are found to be
obstacles to the production of appropriately located affordable housing consistent with sound infill
development opportunities and environmentally sensitive areas.
Mixed-Use Development
Support appropriately located mixed-use projects that encourage efficient transportation services and
walkable communities
Urban Limits
Urban areas should be efficiently developed within their respective boundaries. Support should be
provided to agencies for the redevelopment of underutilized areas that can provide additional housing or
employment opportunities that minimize the demands placed upon outlying agricultural or open space
areas.
Wildlife/Environmental Sensitivity
Preserve and restore natural areas and open spaces in conjunction with efforts to provide appropriate
housing and economic development in a manner that respects significant wildlife habitat, conserves
land and preserves natural resources.
Social Equity: Housinq for All Incomes and Age Levels
The long-term health of our economy and quality of life depends on maintaining a diverse population
composed of a balance of income and age groups. A mixed housing stock addressing the range of
housing options within communities provides the opportunity for diversity of age lifestyle and incomes
for residents
Higher Density/Multi-Family Design
Good design is critical to community acceptance of higher density projects. Provide support for the
development of design guidelines that presents attractive higher density affordable housing, which
promotes responsible efficient, and compact development to facilitate the preservation of open space
Financing Mechanisms
Support the Affordable Housing Trust Fund as a vehicle to secure needed funds to assist in developing
housing and to qualify for state matching funds. Affordable or workforce housing receiving public
subsidies should be subject to restrictions that keep the housing affordable for an extended period of
time or return some portion of the incremental gain in value for reinvestment in additional housing
opportunities
Regional Cooperation
Agencies (federal, state regional and local) should work cooperatively to address the housing and
development needs of the community as a whole in a manner that recognizes the common needs of the
populace and the impacts to the environment.
5
Key Concepts
When using this plan it is important to keep in mind what the intention of the RHNP is, and is not. There are
four key concepts underlying the entire RHNP process that need to be clearly understood
1 The allocations are intended to be used by jurisdictions when updating their housing elements as
the basis for assuring that adequate sites and zoning are available to accommodate at least the
number of units allocated. They are not housing unit quotas that jurisdictions must achieve within
the time frame of their next housing element update.
Many jurisdictions as well as other groups having an interest in affordable housing issues often treat
the housing allocations as a numerical quota that must be achieved This is not the intent of the
process, nor is it what the California State Department of Housing and Community Development (HCD)
is looking for when reviewing local housing elements The State recognizes that the provision of
affordable housing is largely market-driven and that funding, subsidies and other incentives to provide
affordable housing are very limited One of the few major tools available to local jurisdictions to
influence the development of affordable housing is the power to regulate land use Thus, breaking
down development barriers, such as exclusionary zoning and growth controls, are some of the major
goals of State law in the housing arena
2. The regional allocations only address a portion of each jurisdiction's local housing needs under
the provisions of State housing law
The primary goal of the RHNP is to quantify each jurisdiction's responsibility for accommodating its fair
share of the regional housing need The RHNP does not address all of the local housing needs of each
jurisdiction, just the share of the regional new housing construction need Other local needs must also
be addressed in each jurisdictions housing element, such as housing overpayment and overcrowding
housing preservation and the housing needs of farmworkers, students and other special-needs groups
Local needs may be greater than the regional need for one or more income categories For example
higher than projected replacement housing needs the loss of affordable rental housing or local
employment trends not anticipated by SLOCOG may create new housing construction needs greater
than the regional allocations
Jurisdictions should try to ensure that adequate sites and zoning are available to accommodate
whichever need is the greatest within each household income category In addition localities should
provide more definition of their need numbers by determining housing needs by type of dwelling unit and
the housing requirements of special needs groups. The RHNP indirectly deals with housing affordability
by providing a starting point from which jurisdictions can ensure that adequate sites and zoning are
available to accommodate their regional allocations for very low and low-income households The
RHNP does not directly assess housing affordability within each jurisdiction For example the RHNP
does not address the rent or mortgage payment that is affordable to households in each of the four
income categories Again the responsibility for assessing local housing affordability rests with each
jurisdiction as part of its housing element.
3. Under state law, existing zoning ordinances, policies, building standards and other land use
regulations cannot be used by local jurisdictions as a justification to reduce their RHNP housing
allocation targets.
Government Code Section 65584 (d)of regional housing allocation law states that:
(1) Except as provided in paragraph (2) any ordinance policy or standard of a city or county that
directly limits, by number the building permits that may be issued for residential construction or
limits for a set period of time the number of buildable lots that may be developed for residential
purposes, shall not be a justification for a determination or a reduction in the share of a city or county
of the regional housing need
6
(2) Paragraph (1) does not apply to any city or county that imposes a moratorium on residential
construction for a specified period of time in order to preserve and protect the public health and
safety If a moratorium is in effect, the city or county shall prior to a revision pursuant to subdivision
(c), adopt findings that specifically describe the threat to the public health and safety and the reasons
why construction of the number of units specified as its share of the regional housing need would
prevent the mitigation of that threat.
The California Attorney General has concluded that the availability of suitable housing sites must be
considered based not only upon the existing zoning ordinances and land use restrictions of the locality
but also based upon the potential for increased residential development under alternative zoning
ordinances and land use restrictions Councils of Governments, therefore cannot accept reductions in
a local jurisdictions RHNP housing allocation targets based upon existing land use regulations that limit
the availability of suitable sites to accommodate its fair share allocation targets
State law requires SLOCOG to follow a set of guidelines in preparing its regional housing need determination
Guidelines come from two primary sources (1) HCD who sets a housing need planning target for the region
and (2) State law which provides guidelines on how to allocate the region s housing need among jurisdictions
(Government Code Sections 65584)
Single
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7
Major Considerations
State law requires that the RHNP address the following concerns
(1) Existing and protected lobs and housing relationship.
The existing and projected relationship of jobs and housing is the core of the proposed formula The
relative percentage ratios for each jurisdiction are not projected to significantly change during the
planning period A key issue during this cycle was consideration for adjusting the formula to be more
heavily weighted toward an emphasis on employment. The Board adopted the previous formula which
was weighted 60% toward those communities where employment occurs versus 40% toward where
population is located
(2) Opportunities and constraints to development of additional housing
(A) Lack of capacity for sewer or water service due to federal or state laws regulations or regulatory
actions or supply and distribution decisions made by a sewer or water service provider other than
the local jurisdiction that preclude the jurisdiction from providing necessary infrastructure for
additional development during the planning period
Resource issues are challenging in many areas of the region, no constraints were identified that
prevents the distribution of units as proposed While some unincorporated service areas have severe
service level concerns or limitations, the proposed allocation to the overall unincorporated area can be
accommodated
(13) The availability of land suitable for urban development or for conversion to residential use the
availability of underutilized land, and opportunities for infill development and increased residential
densities
Adequate land exists within all jurisdictional areas. It should be noted that Grover Beach is a
"landlocked" city and has limited area for future expansion without annexing the Oceano Community
Services District that is currently substantially developed as an unincorporated urban area
In addition, the region may not limit its consideration of suitable housing sites or land suitable for urban
development to existing zoning ordinances and land use restrictions of a locality but shall consider the
potential for increased residential development under alternative zoning ordinances and land use
restrictions.
(C) Lands preserved or protected from urban development under existing federal or state programs,
or both designed to protect open space farmland environmental habitats and natural resources
on a long-term basis
This potential limitation does not preclude the absorption of the proposed allocation with any of the
scenarios under consideration
8
(D) County policies to preserve prime agricultural land, as defined pursuant to Section 56064 within
an unincorporated area
This potential limitation does not preclude the absorption of the proposed allocation with any of the
scenarios under consideration The allocation does not require the rezoning of any prime agricultural
land
3 The distribution of household growth assumed for purposes of a comparable period of regional
transportation plans and opportunities to maximize the use of public transportation and existing
transportation infrastructure
The focus on employment centers is intended to support public transportation and existing
transportation infrastructure and address demand on the 101 corridor especially during peak commute
times.
5 The market demand for housing
The market demand for housing, especially in the very low low and moderate ranges far exceeds
supply This is due to a number of factors including. the dominance of the tourism and agricultural
sectors where many jobs provide relatively low pay- the disparity in the growth of housing costs and the
growth in local income levels, the attractiveness of the area for retirement living and scarcity of coastal
living environments with moderate climates, ongoing demand from beyond the local market that sustain
relatively high housing costs in the region relative to other parts of the state and nation, and, resource
capacity and other local service delivery system limitations that necessitate high development fees or
increased utility costs. These factors impact all of the jurisdictions in varying degrees.
6 Agreements between a county and cities in a county to direct growth toward incorporated areas of
the county.
Such agreements do not currently exist. The regional blueprint project called Community 2050 is being
formulated as the sustainable community strategy for the region and includes consideration of directing
development more purposefully to urban centers and may result in agreements between the county and
cities to direct growth toward incorporated areas of the county
7 The loss of units contained in assisted housing developments that changed to non-low-income
use through mortgage prepayment, subsidy contract expirations or termination of use restrictions
This issue is not a major problem area within the region
9 High housing costs burdens
High-housing costs burdens are endemic in the state of California and especially within the coastal
areas south of Mendocino County High land and housing costs represent one of the principle
9
challenges the region faces and is problematic in every community — although particularly acute in
coastal communities where resource and regulatory constraints are the greatest
10 The housing needs of farmworkers
The housing needs of farmworkers are especially problematic due to the low pay afforded this segment
of the workforce and the competing demand for affordable units. Many within this population double
and even are known to triple-up to find shelter Due to the year round agricultural opportunities many
families reside within the urban areas to be near schools shopping and other services. The allocation
formula anticipates that this segment of the population will be primarily served within the urban areas
addressed in the proposed allocation
11 The housing needs generated by the presence of a private university or a campus of the
California State University or the University of California within any member jurisdiction
The housing needs generated by the presence of Cal Poly have been significantly addressed by the
recent expansion of campus housing options with 618 apartments that will house about 1500 students.
No adjustments are made due to this factor
12 Any other factors adopted by the council of governments
None
The adopted allocation formula is shown on Table B as follows
Table B
SLOCOG Regional Housing Needs Plan Allocation Formula
Allocation on 60%Jobs and 40%,Population Basis
Share of Share ofa Regional Unadjusted Vacancy Total
60% 40% Housing Jurisdiction Jurisdiction
Employment Population Need Need Factor Need
[ j x 0.6 + p x 0.4 ] r = n + = T
Arroyo Grande [ 8.1% x 0.6 + 6.3% x 0.4 ] 4740 = 351 + 11 = 362
:. ..Atasca8or t.. ,, . . L.:,:'. t3 t3%: x +;. " 1ti. °lo_ _.X.. ,t 4 7 449,_. +
Grover Beach [ 3.2% x 0.6 + 5.0% x 0.4 ] 4740 = 187 + 6 = 193
Mii1y. �. .''. Iii. x tj 6, 4,•�?�... x...' S►4. .x �.74U ...,, 175. p ti.
Paso Robles [ 14.6% x 0.6 + 11 1% x 0.4 ] 4740 = 627 + 19 = 646
:! ...,Pismo,saach 'X, fl.�..... + �,� .:,�� �j°"0.4. j "474U'�
San Luis Obispo [ 43.1% x 0.6 + 16.7% x 0.4 ] 4740 = 1,542 + 47 = 1589
.rporatedCoulty C :':: # ...=,". .E t1.6 .'_ :. ° ' x tj.4 1 4740' �,...._.,. 25T ."'. E.. 38 tom
4 740 145 4885
Note that the overall Vacancy Factor is included in the allocation from HCD
(Estimated as Homeowner Vacancy Adjustment—1.8%and Rental Vacancy Adjustment—5 0%)
10
GEOGRAPHY
The SLOCOG RHNP applies to the County of San Luis Obispo and the seven incorporated cities shown on the
following map
Figure 1
Map of San Luis Obispo County
aso Robles
1 asc are
4
Memo Bay
an Luis Obispo
2
Pismo Beach yo Grande
Grover Beady .
to
Table C
Projected Housing Need by Income August 2008
Very-Low Low Moderate Above- Total
moderate
23% 16% 19% 42%
Arroyo Grande 83 58 69 152 362
Atascadero 106 74 88 194 462
Grover Beach 44 31 36 80 192
Morro Bay 41 29 34 75 179
Paso Robles 149 103 123 272 647
Pismo Beach 36 25 30 66 158
San Luis Obispo 366 254 302 668 1589
Unincorporated County 298 207 246 544 1296
1124 782 928 2052 4885
11
SCHEDULE
The following figure shows an outline of the RHNP process and the steps involved in the development of
the regional housing needs plan By December 2002, at the end of the RHNP process, the SLOCOG
Board is required to adopt the regional plan or HCD will design and adopt a plan for the region The final
adopted Plan will then be used by the local jurisdictions in their Housing Element update process Local
housing elements must be adopted and certified by the end of 2003
The following dates mark the major RHNA process milestones
July 2007 Allocation of Regional Need by HCD
-July 2007—September, 2007 Regional Review of HCD assignment
-September 2007- February 2008 Preparation of Draft RHNP
April—June 2008 Public and local review
-August 2008 RHNA adoption
-August 2008 to July 2009 The Housing Element preparation period for jurisdictions
-July 2007 to July 2008 Interim Planning Period*
*Jurisdictions may take credit for housing units approved or constructed during this interim planning period, and apply the
credit to their housing elements.
Figure 2
RHNA Work Plan Outline
And Timeline Steps
2007 2008
Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep
1 1
2
3
4 4 4 4 4
5
6 6 6
7
8
9
10 10
Step 1 July-August 2007- HCD issues determination to of regional need to COG **
Step 2 August 2007 Consultation between HCD and SLOCOG regarding draft allocation figures.
Step 3 SLOCOG accepts HCD estimate of countywide housing need
Step 4 October 2007—February 2008, representatives of Methodology Committee review allocation
methodology and other elements of RHNP
Step 5 Preliminary Draft RHNA methodologies circulated for comment.
Step 6 SLOCOG authorizes release of draft plan for comment and forwards to HCD for review HCD has 30
days, SLOCOG and local agencies have 90 days.
Step 7 End of 90-day comment/appeal period by local jurisdictions.
Step 8 Review of comments and appeals by SLOCOG
Step 9 August 2008- Revised final RHNA responding to SLOCOG jurisdictions comments and/or appeals
considered and adopted by SLOCOG
Step 10 (if needed)Within 60 days SLOCOG can hear any appeals on final RHNP (includes a 30 day notice to
local agencies).Any revisions adopted into final RHNP
12
POLICY FOR RHNP REDISTRIBUTION UPON ANNEXATION OR INCORPORATION
In the event of annexation or incorporation of new jurisdictions during the planning period of this RHNP
provision needs to be made for the redistribution of housing needs. The following policy establishes the
conditions and process for any such redistribution
1 Filing of Application for Annexation or Incorporation
Upon receipt of notice of filing from LAFCO of a proposed annexation or incorporation the affected county
will notify SLOCOG of the proposal and resulting need for a redistribution of housing needs between the
county and applicant jurisdiction
2. Discussion with Annexing/Incorporating City
During the course of the annexation/incorporation process the affected county will negotiate in good faith
between the annexing/incorporating city and the county the RHNP allocations to be redistributed There
cannot be a net reduction in the RHNP allocations within the county This means that the total number of
housing units by income category accepted by the applicant jurisdiction plus the remaining number of units
by income category attributable to the donor county shall not be less than the original number of units by
income category originally allocated to the county by the RHNP Other than satisfying this requirement, the
affected county and annexing/incorporating city may negotiate any redistribution of housing need that is
mutually acceptable
3 SLOCOG Mediation
If after negotiating in good faith, both the affected county and annexing/incorporating city cannot reach a
mutually acceptable redistribution of housing need either jurisdiction may request that SLOCOG mediate the
redistribution of housing need The purpose of such mediation will not be for SLOCOG to actually redistribute
the housing need between the two affected jurisdictions, but to achieve mutually acceptable redistribution
through negotiation If after mediation by SLOCOG, the affected county and annexing/incorporating city still
cannot reach a mutually acceptable redistribution of housing needs the matter will be referred to HCD
4 Annexation/incorporation Conditions
The affected county and the annexing/incorporating city will jointly draft conditions covering the transfer of
RHNP allocations from the county to the annexing/incorporating city The affected county will request that the
RHNP conditions are included in the LAFCO resolution approving the annexation/incorporation
5 LAFCO Imposition of Conditions
LAFCO imposes the proposed RHNP conditions in the resolution approving the annexation and/or
incorporation
6. Transfer of RHNA Allocations
RHNP allocations will be transferred from the county to the city as specified in the LAFCO resolution
7 Housing Elements
7a. County Housing Element
The county's Housing Element should describe assumptions conditions and implications of any change in
RHNP assumptions resulting from an annexation/incorporation Following the effective date of an approved
annexation/incorporation, the county may amend its Housing Element to reflect the change in RHNP
allocations
7b. City Housing Element Amendment(annexation)
If the annexation and accompanying redistribution of RHNP allocations between affected jurisdictions occurs after the statutory housing element amendments
have been adopted,any city general plan amendment accompanying an annexation must include amendment of the city s housing element to reflect that
change.
13
7c. City Housing Element (incorporation)
If the incorporation and accompanying redistribution of RHNP allocations between affected
jurisdictions occurs after the statutory housing element amendments have been adopted the new
city will include the RHNP transfer in the housing element adopted for the new community
8. State HCD Review
The transfer of RHNP allocations for annexations or incorporations pursuant to this policy is subject
to the review and approval of HCD prior to the implementing action
APPEALS CRITERIA AND PROCESS
Under State law, jurisdictions are given an opportunity to comment on and propose revisions to their
share of the RHNP within 90 days of adoption According to the government code any revision must meet
the test of accepted methodology readily available data and be consistent with State-identified criteria for
the RHNP
Accordingly appeals will not be considered by SLOCOG unless they meet the following criteria
1 The appeal must be received within 90 days of SLOCOG Board adoption of the Draft RHNP
SLOCOG strongly encourages jurisdictions intending to appeal to submit well in advance of the
deadline
2. The appealing jurisdiction must provide evidence that:
a) The RHNP methodology was incorrectly applied in determining the jurisdiction's targets, or
b) SLOCOG used incorrect or faulty numbers in determining their allocation targets
3 Appeals must be submitted by an authorized signatory
4 A contact person must be identified This person should be able to respond to SLOCOG staff
regarding the documentation pertinent to the appeal
As stated previously under State law existing zoning ordinances policies, building standards and other
land use regulations cannot be used by local jurisdictions as a justification for a request to reduce their
RHNP housing allocation targets The only exception is in cases where a moratorium on residential
construction is legally imposed for a specified period of time to preserve and protect the public health and
safety that would constrain the projected housing need
Following the end of the 90-day revision request period, SLOCOG is required to take action on any
requested revision within 60 days The SLOCOG Board will hear all appeals SLOCOG staff will make a
recommendation to the Board on the technical merits of the appeal SLOCOG may accept the proposed
revision, modify its earlier determination or indicate based upon available data and accepted planning
methodology why the proposed revision is inconsistent with the regional housing need
If the SLOCOG Board does not accept the proposed revision then the requesting jurisdiction has 30 days
to request a public hearing to review the housing allocation targets in question SLOCOG then has 30
days to notify the requesting jurisdiction of at least one public hearing The date established for such
hearing must be within 30 days following this notification
If as a result of this process, SLOCOG accepts a proposed revision or modifies its earlier determination
the city or county shall use that share If SLOCOG grants a revised allocation it must still ensure that the
current total regional housing need, as allocated by HCD is maintained This means that if one
14
jurisdictions allocation changes, one or more other allocations must also change to insure the total
regional allocation and distribution by income group remains the same If SLOCOG determines that the
proposed revision is inconsistent with the regional housing need the city or county shall use the share that
was originally determined by SLOCOG
Table D
Household Income Categories
Determination of County"s Number/Percentage ofHouseholds By Income Category
per 2000 Census data
San Luis Obispo County
Income Limits in Each CateizzerYi..,„„
Max%of Median Starting Highest
Median)Household Income $ 42,428 Very %) S 21,214
Low(801/6) $ 21215 $ 33,942
Moderate(1201%) $ 33 943 $ 50 914
Above Moderato $ $0,915 all else
Households in
Bracket Income Brackets Very Low carryover Low carryover Moderate
eanyaver Above Moderate
8,382 $ $ 10,000 8,382
6,115 $ 10,000 $ 14,999 6,115
5,636 $ 15,000 $ 19,999 5,636 _
5,879 S-20,000 $ 24 999 1 428 4,451 4 451
5,796 $ 25.000 $ 29 999 5,796
6,174 $ 30,000 S 14,999 4,869 1,305 1305
5,457 $ 35,000 $ 39,999 5 457
5,199 $ 40,000 $ 44,999 5 199
4 477 $ 45,000 $ 49 999 4 477
8,500 $ 50,000 $-5-99-94- 777 7 723 7 723
10,218 $ 60,000 $ 74,999 10,218
9,735 $ 75,000-K 99,999 - --- ---- -- - - 9,735
4,817 $ 100,000 $ 124,999 4,817
2,441 $ 125,000 $ 149,999 2,441
1,945 $ 150,000 $ 199 999 1 945
----- ---99-9 - ----- -
1,961 $ 200,000 $ 999 1,961
92,732 21,561 15,116 17,215 38,840
100.0% 23% 16% 19% 42%
x
15
California Government Code Requirements
for Development of Regional Housing Needs Plans
(Changes from last update are underlined)
65584 (a) (1) For the fourth and subsequent revisions of the housing element pursuant to Section 65588 the
department shall determine the existing and projected need for housing for each region pursuant to this article
For purposes of subdivision (a) of Section 65583 the share of a city or county of the regional housing
need shall include that share of the housing need of persons at all income levels within the area significantly
affected by the general plan of the city or county
(2) While it is the intent of the Legislature that cities, counties, and cities and counties should undertake all
necessary actions to encourage promote and facilitate the development of housing to accommodate the entire
regional housing need it is recognized however that future housing production may not equal the regional
housing need established for planning purposes.
(b) The department, in consultation with each council of governments shall determine each region's existing
and projected housing need pursuant to Section 65584 01 at least two years prior to the scheduled revision
required pursuant to Section 65588
The appropriate council of governments, or for cities and counties without a council of governments, the
department, shall adopt a final regional housing need plan that allocates a share of the regional housing need to
each city county or city and county at least one year prior to the scheduled revision for the region required by
Section 65588
The allocation plan prepared by a council of governments shall be prepared pursuant to Sections
65584.04 and 65584.05 with the advice of the department.
(c) Notwithstanding any other provision of law the due dates for the determinations of the department or for
the council of governments, respectively regarding the regional housing need may be extended by the
department by not more than 60 days if the extension will enable access to more recent critical population or
housing data from a pending or recent release of the United States Census Bureau or the Department of
Finance
If the due date for the determination of the department or the council of governments is extended for this
reason, the department shall extend the corresponding housing element revision deadline pursuant to Section
65588 by not more than 60 days
(d)The regional housing needs allocation plan shall be consistent with all of the following objectives.
(1) Increasing the housing supply and the mix of housing types, tenure, and affordability in all cities and
counties within the region in an equitable manner, which shall result in each jurisdiction receiving an
allocation of units for low-and very low income households.
(2) Promoting infill development and socioeconomic equity, the protection of environmental and
agricultural resources, and the encouragement of efficient development patterns.
(3) Promoting an improved intraregional relationship between iobs and housing.
(4)Allocating a lower proportion of housing need to an income category when a iurisdiction already has a
disproportionately high share of households in that income category, as compared to the countywide
distribution of households in that category from the most recent decennial United States census.
(e) For purposes of this section 'household income levels" are as determined by the department as of the
most recent decennial census pursuant to the following code sections.
(1)Very low incomes as defined by Section 50105 of the Health and Safety Code.
(2) Lower incomes, as defined by Section 50079 5 of the Health and Safety Code.
(3) Moderate incomes, as defined by Section 50093 of the Health and Safety Code
(4) Above moderate incomes are those exceeding the moderate-income level of Section 50093 of the
Health and Safety Code.
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(f) Notwithstanding any other provision of law determinations made by the department, a council of
governments, or a city or county pursuant to this section or Section 65584 01 65584 02, 65584 03 65584 04
65584 05 65584 06 65584 07 or 65584 08 are exempt from the California Environmental Quality Act (Division
13 (commencing with Section 21000)of the Public Resources Code).
65584 01 (a) For the fourth and subsequent revision of the housing element pursuant to Section 65588 the
department, in consultation with each council of governments, where applicable shall determine the existing
and projected need for housing for each region in the following manner'
(b) The department's determination shall be based upon population projections produced by the Department
of Finance and regional population forecasts used in preparing regional transportation plans in consultation with
each council of governments.
• If the total regional population forecast for the planning period, developed by the council of governments
and used for the preparation of the regional transportation plan is within a range of 3 percent of the total
regional population forecast for the planning period over the same time period by the Department of
Finance then the population forecast developed by the council of governments shall be the basis from
which the department determines the existing and projected need for housing in the region
• If the difference between the total population growth projected by the council of governments and the total
population growth projected for the region by the Department of Finance is greater than 3 percent, then
the department and the council of governments shall meet to discuss variances in methodology used for
population projections and seek agreement on a population projection for the region to be used as a basis
for determining the existing and projected housing need for the region
• If no agreement is reached then the population projection for the region shall be the population projection
for the region prepared by the Department of Finance as may be modified by the department as a result of
discussions with the council of governments
(c) (1) At least 26 months prior to the scheduled revision pursuant to Section 65588 and prior to developing
the existing and projected housing need for a region the department shall meet and consult with the council of
governments regarding the assumptions and methodology to be used by the department to determine the
region's housing needs
The council of governments shall provide data assumptions from the council's projections including if available
the following data for the region.
(A)Anticipated household growth associated with projected population increases
(B) Household size data and trends in household size
(C) The rate of household formation or headship rates, based on age gender ethnicity or other established
demographic measures.
(D) The vacancy rates in existing housing stock; the vacancy rates for healthy housing market functions
regional mobility- as well as, housing replacement needs.
(E)Other characteristics of the composition of the projected population
(2) The department may accept or reject the information provided by the council of governments or modify its
own assumptions or methodology based on this information
After consultation with the council of governments, the department shall make determinations in writing on the
assumptions for each of the factors listed in subparagraphs (A) to (E) inclusive of paragraph (1) and the
methodology it shall use and shall provide these determinations to the council of governments.
(d) (1) After consultation with the council of governments, the department shall make a determination of the
region's existing and projected housing need based upon the assumptions and methodology determined
pursuant to subdivision (c). Within 30 days following notice of the determination from the department, the
council of governments may file an objection to the department's determination of the region's existing and
projected housing need with the department.
(2)The objection shall be based on and substantiate either of the following-
(A) The department failed to base its determination on the population projection for the region established
pursuant to subdivision (b), and shall identify the population projection which the council of governments
believes should instead be used for the determination and explain the basis for its rationale
17
(B) The regional housing need determined by the department is not a reasonable application of the
methodology and assumptions determined pursuant to subdivision (c). The objection shall include a proposed
alternative determination of its regional housing need based upon the determinations made in subdivision (c)
including analysis of why the proposed alternative would be a more reasonable application of the methodology
and assumptions determined pursuant to subdivision (c).
(3) If a council of governments files an objection pursuant to this subdivision and includes with the objection a
proposed alternative determination of its regional housing need it shall also include documentation of its basis
for the alternative determination Within 45 days of receiving an objection filed pursuant to this section the
department shall consider the objection and make a final written determination of the region's existing and
projected housing need that includes an explanation of the information upon which the determination was made
65584.02. (a) For the fourth and subsequent revisions of the housing element pursuant to Section 65588 the
existing and projected need for housing may be determined for each region by the department as follows as an
alternative to the process pursuant to Section 65584 01
(1) In a region in which at least one subregion has accepted delegated authority pursuant to Section
65584 03 the region's housing need shall be determined at least 26 months prior to the housing element update
deadline pursuant to Section 65588 In a region in which no subregion has accepted delegation pursuant to
Section 65584 03 the region's housing need shall be determined at least 24 months prior to the housing
element deadline
(2)At least six months prior to the department's determination of regional housing need pursuant to paragraph
(1), a council of governments may request the use of population and household forecast assumptions used in
the regional transportation plan
For a housing element update due date pursuant to Section 65588 that is prior to January 2007 the
department may approve a request that is submitted prior to December 31 2004 notwithstanding the deadline
in this paragraph This request shall include all of the following
(A) Proposed data and assumptions for factors contributing to housing need beyond household growth
identified in the forecast. These factors shall include allowance for vacant or replacement units, and may
include other adjustment factors.
(B)A proposed planning period that is not longer than the period of time covered by the regional transportation
improvement plan or plans of the region pursuant to Section 14527 but a period not less than five years, and
not longer than six years.
(C) A comparison between the population and household assumptions used for the Regional Transportation
Plan with population and household estimates and projections of the Department of Finance
The council of governments may include a request to extend the housing element deadline pursuant to
Section 65588 to a date not to exceed two years, for the purpose of coordination with the scheduled update of a
regional transportation plan pursuant to federal law
(b) The department shall consult with the council of governments regarding requests submitted pursuant to
paragraph (2)of subdivision (a). The department may seek advice and consult with the Demographic Research
Unit of the Department of Finance, the State Department of Transportation a representative of a contiguous
council of governments, and any other party as deemed necessary The department may request that the
council of governments revise data, assumptions, or methodology to be used for the determination of regional
housing need or may reject the request submitted pursuant to paragraph (2) of subdivision (a). Subsequent to
consultation with the council of governments, the department will respond in writing to requests submitted
pursuant to paragraph (1)of subdivision (a)
(c) If the council of governments does not submit a request pursuant to subdivision (a), or if the department
rejects the request of the council of governments the determination for the region shall be made pursuant to
Sections 65584 and 65584 01
65584.03. (a)At least 28 months prior to the scheduled housing element update required by Section 65588, at
least two or more cities and a county, or counties, may form a subregional entity for the purpose of allocation of
the subregion's existing and proiected need for housing among its members in accordance with the allocation
methodology established pursuant to Section 65584.04
The purpose of establishing a subregion shall be to recognize the community of interest and mutual challenges
and opportunities for providing housing within a subregion
18
A subregion formed pursuant to this section may include a single county and each of the cities in that county or
any other combination of geographically contiguous local governments and shall be approved by the adoption of
a resolution by each of the local governments in the subregion as well as by the council of governments.
All decisions of the subregion shall be approved by vote as provided for in rules adopted by the local
governments comprising the subregion or shall be approved by vote of the county or counties, if any and the
majority of the cities with the majority of population within a county or counties
(b) Upon formation of the subregional entity the entity shall notify the council of governments of this formation
If the council of governments has not received notification from an eligible subregional entity at least 28 months
prior to the scheduled housing element update required by Section 65588 the council of governments shall
implement the provisions of Sections 65584 and 65584.04
The delegate subregion and the council of governments shall enter into an agreement that sets forth the
process, timing and other terms and conditions of the delegation of responsibility by the council of governments
to the subregion
(c)At least 25 months prior to the scheduled revision the council of governments shall determine the share of
regional housing need assigned to each delegate subregion The share or shares allocated to the delegate
subregion or subregions by a council of governments shall be in a proportion consistent with the distribution of
households assumed for the comparable time period of the applicable regional transportation plan
Prior to allocating the regional housing needs to any delegate subregion or subregions, the council of
governments shall hold at least one public hearing, and may consider requests for revision of the proposed
allocation to a subregion.
If a proposed revision is rejected the council of governments shall respond with a written explanation of why
the proposed revised share has not been accepted.
(d) Each delegate subregion shall fully allocate its share of the regional housing need to local governments
within its subregion
If a delegate subregion fails to complete the regional housing need allocation process among its member
jurisdictions in a manner consistent with this article and with the delegation agreement between the subregion
and the council of governments, the allocations to member jurisdictions shall be made by the council of
governments.
65584.04.
(a)At least two years prior to a scheduled revision required by Section 65588, each council of governments, or
delegate subregion as applicable, shall develop a proposed methodology for distributing the existing and
proiected regional housing need to cities, counties, and cities and counties within the region or within the
subregion,where applicable pursuant to this section.
The methodology shall be consistent with the objectives listed in subdivision (d)of Section 65584.
u (1) No more than six months prior to the development of a proposed methodology for distributing the
existing and proiected housing need, each council of governments shall survey each of its member
jurisdictions to request, at a minimum, information regarding the factors listed in subdivision (d)that will
allow the development of a methodology based upon the factors established in subdivision (d)
(2) The council of governments shall seek to obtain the information in a manner and format that is
comparable throughout the region and utilize readily available data to the extent possible.
(3) The information provided by a local government pursuant to this section shall be used, to the extent
Possible, by the council of governments, or delegate subregion as applicable, as source information for
the methodology developed pursuant to this section.
The survey shall state that none of the information received may be used as a basis for reducing the
total housing need established for the region pursuant to Section 65584.01
(4) If the council of governments fails to conduct a survey pursuant to this subdivision, a city, county, or
city and county may submit information related to the items listed in subdivision (d) prior to the public
comment period provided for in subdivision (c).
(c) Public participation and access shall be required in the development of the methodology and in the process
of drafting and adoption of the allocation of the regional housing needs.
19
Participation by organizations other than local jurisdictions and councils of governments shall be solicited in a
diligent effort to achieve public participation of all economic segments of the community.
The proposed methodology, along with any relevant underlying data and assumptions, and an explanation of
how information about local government conditions gathered pursuant to subdivision (b) has been used to
develop the proposed methodology, and how each of the factors listed in subdivision (d) is incorporated into the
methodology, shall be distributed to all cities, counties, any subregions, and members of the public who have
made a written request for the proposed methodology.
The council of governments, or delegate subregion, as applicable, shall conduct at least one public hearing to
receive oral and written comments on the proposed methodology.
(d) To the extent that sufficient data is available from local governments pursuant to subdivision (b) or other
sources, each council of governments, or delegate subregion as applicable, shall include the following factors to
develop the methodology that allocates regional housing needs.
Each member jurisdiction's existing and projected mobs and housing relationship.
(2) The opportunities and constraints to development of additional housing in each member jurisdiction,
including all of the following.
(A) Lack of capacity for sewer or water service due to federal or state laws, regulations or regulatory
actions, or supply and distribution decisions made by a sewer or water service provider other than the
local jurisdiction that preclude the jurisdiction from providing necessary infrastructure for additional
development during the planning period.
(B) The availability of land suitable for urban development or for conversion to residential use, the
availability of underutilized land, and opportunities for infill development and increased residential
densities.
The council of governments may not limit its consideration of suitable housing sites or land suitable for
urban development to existing zoning ordinances and land use restrictions of a locality, but shall
consider the potential for increased residential development under alternative zoning ordinances and
land use restrictions.
(C) Lands preserved or protected from urban development under existing federal or state programs,
or both, designed to protect open space, farmland environmental habitats and natural resources on a
long-term basis
(D) County policies to preserve prime agricultural land as defined pursuant to Section 56064 within
an unincorporated area.
(3) The distribution of household growth assumed for purposes of a comparable period of regional
transportation plans and opportunities to maximize the use of public transportation and existing
transportation infrastructure
(4)The market demand for housing
(5)Agreements between a county and cities in a county to direct growth toward incorporated areas of the
county
(6) The loss of units contained in assisted housing developments, as defined in paragraph (8) of
subdivision (a) of Section 65583 that changed to non-low-income use through mortgage prepayment,
subsidy contract expirations, or termination of use restrictions
(7)High-housing costs burdens.
(8)The housing needs of farmworkers.
(9) The housing needs generated by the presence of a private university or a campus of the California
State University or the University of California within any member jurisdiction.
(10)Any other factors adopted by the council of governments.
(e) The council of governments or delegate subregion, as applicable shall explain in writing how each of the
factors described in subdivision (d) was incorporated into the methodology and how the methodology is
consistent with subdivision (d)of Section 65584 The methodology may include numerical weighting
20
(f)Any ordinance policy voter-approved measure or standard of a city or county that directly or indirectly limits
the number of residential building permits issued by a city or county shall not be a justification for a
determination or a reduction in the share of a city or county of the regional housing need
(g) In addition to the factors identified pursuant to subdivision (d) the council of governments or delegate
subregion, as applicable shall identify any existing local regional or state incentives, such as a priority for
funding or other incentives available to those local governments that are willing to accept a higher share than
proposed in the draft allocation to those local governments by the council of governments or delegate subregion
pursuant to Section 65584 05
(h) Following the conclusion of the 60-day public comment period described in subdivision (c) on the proposed
allocation methodology and after making any revisions deemed appropriate by the council of governments or
delegate subregion as applicable as a result of comments received during the public comment period each
council of governments, or delegate subregion as applicable shall adopt a final regional or subregional
housing need allocation methodology and provide notice of the adoption of the methodology to the jurisdictions
within the region or delegate subregion as applicable, and to the department.
65584.05. (a) At least one and one-half years prior to the scheduled revision required by Section 65588 each
council of governments and delegate subregion as applicable shall distribute a draft allocation of regional
housing needs to each local government in the region or subregion where applicable based on the
methodology adopted pursuant to Section 65584 04
The draft allocation shall include the underlying data and methodology on which the allocation is based
It is the intent of the Legislature that the draft allocation should be distributed prior to the completion of the
update of the applicable regional transportation plan.
The draft allocation shall distribute to localities and subregions, if any within the region the entire regional
housing need determined pursuant to Section 65584 01 or within subregions, as applicable the subregion's
entire share of the regional housing need determined pursuant to Section 65584 03
(b)Within 60 days following receipt of the draft allocation a local government may request from the council of
governments or the delegate subregion as applicable a revision of its share of the regional housing need in
accordance with the factors described in paragraphs (1)to (9) inclusive of subdivision (d)of Section 65584 04
including any information submitted by the local government to the council of governments pursuant to
subdivision (b)of that section.
The request for a revised share shall be based upon comparable data available for all affected jurisdictions and
accepted planning methodology and supported by adequate documentation.
(c) Within 60 days after the request submitted pursuant to subdivision (b), the council of governments or
delegate subregion as applicable shall accept the proposed revision modify its earlier determination, or
indicate, based upon the information and methodology described in Section 65584 04 why the proposed
revision is inconsistent with the regional housing need
(d) If the council of governments or delegate subregion as applicable does not accept the proposed revised
share or modify the revised share to the satisfaction of the requesting party the local government, may appeal
its draft allocation based upon either or both of the following criteria
(1) The council of governments or delegate subregion as applicable failed to adequately consider the
information submitted pursuant to subdivision (b)of Section 65584 04 or a significant and unforeseen change in
circumstances has occurred in the local jurisdiction that merits a revision of the information submitted pursuant
to that subdivision
(2) The council of governments or delegate subregion as applicable failed to determine its share of the
regional housing need in accordance with the information described in and the methodology established
pursuant to Section 65584 04
(e) The council of governments or delegate subregion as applicable shall conduct public hearings to hear all
appeals within 60 days of the date established to file appeals.
The local government shall be notified within 10 days by certified mail return receipt requested of at least one
public hearing on its appeal
21
The date of the hearing shall be at least 30 days and not more than 35 days from the date of the notification
Before taking action on an appeal the council of governments or delegate subregion as applicable shall
consider all comments, recommendations and available data based on accepted planning methodologies
submitted by the appellant.
The final action of the council of governments or delegate subregion as applicable on an appeal shall be in
writing and shall include information and other evidence explaining how its action is consistent with this article
The final action on an appeal may require the council of governments or delegate subregion as applicable to
adjust the allocation of a local government that is not the subject of an appeal
(f) The council of governments or delegate subregion as applicable shall issue a proposed final allocation
within 45 days of the completion of the 60-day period for hearing appeals.
The proposed final allocation plan shall include responses to all comments received on the proposed draft
allocation and reasons for any significant revisions included in the final allocation.
(g) In the proposed final allocation plan, the council of governments or delegate subregion as applicable, shall
adjust allocations to local governments based upon the results of the appeals process specified in this section
If the adjustments total 7 percent or less of the regional housing need determined pursuant to Section
65584 01 or as applicable total 7 percent or less of the subregion's share of the regional housing need as
determined pursuant to Section 65584 03 then the council of governments or delegate subregion as
applicable shall distribute the adjustments proportionally to all local governments
If the adjustments total more than 7 percent of the regional housing need then the council of governments or
delegate subregion as applicable shall develop a methodology to distribute the amount greater than the 7
percent to local governments.
In no event shall the total distribution of housing need equal less than the regional housing need, as determined
pursuant to Section 65584 01 nor shall the subregional distribution of housing need equal less than its share of
the regional housing need as determined pursuant to Section 65584 03
Two or more local governments may agree to an alternate distribution of appealed housing allocations between
the affected local governments.
If two or more local governments agree to an alternative distribution of appealed housing allocations that
maintains the total housing need originally assigned to these communities, then the council of governments
shall include the alternative distribution in the final allocation plan
(h) Within 45 days of the issuance of the proposed final allocation plan by the council of governments and
each delegate subregion, as applicable the council of governments shall hold a public hearing to adopt a final
allocation plan.
To the extent that the final allocation plan fully allocates the regional share of statewide housing need as
determined pursuant to Section 65584 01 the council of governments shall have final authority to determine the
distribution of the region's existing and projected housing need as determined pursuant to Section 65584 01
Within 60 days of adoption by the council of governments the department shall determine whether or not the
final allocation plan is consistent with the existing and projected housing need for the region as determined
pursuant to Section 65584 01
The department may revise the determination of the council of governments if necessary to obtain this
consistency
(i)Any authority of the council of governments to review and revise the share of a city or county of the regional
housing need under this section shall not constitute authority to revise approve, or disapprove the manner in
which the share of the city or county of the regional housing need is implemented through its housing program.
65584.06 (a) For cities and counties without a council of governments, the department shall determine and
distribute the existing and projected housing need in accordance with Section 65584 and this section
If the department determines that a county or counties, supported by a resolution adopted by the board or
boards of supervisors, and a majority of cities within the county or counties representing a majority of the
population of the county or counties possess the capability and resources and has agreed to accept the
22
responsibility with respect to its jurisdiction for the distribution of the regional housing need the department
shall delegate this responsibility to the cities and county or counties.
(b) The distribution of regional housing need shall based upon available data and in consultation with the
cities and counties take into consideration market demand for housing the distribution of household growth
within the county assumed in the regional transportation plan where applicable employment opportunities and
commuting patterns the availability of suitable sites and public facilities, agreements between a county and
cities in a county to direct growth toward incorporated areas of the county or other considerations as may be
requested by the affected cities or counties and agreed to by the department.
As part of the allocation of the regional housing need the department shall provide each city and county with
data describing the assumptions and methodology used in calculating its share of the regional housing need.
Consideration of suitable housing sites or land suitable for urban development is not limited to existing zoning
ordinances and land use restrictions of a locality but shall include consideration of the potential for increased
residential development under alternative zoning ordinances and land use restrictions.
(c)Within 90 days following the department's determination of a draft distribution of the regional housing need
to the cities and the county a city or county may propose to revise the determination of its share of the regional
housing need in accordance with criteria set forth in the draft distribution.
The proposed revised share shall be based upon comparable data available for all affected jurisdictions, and
accepted planning methodology and shall be supported by adequate documentation
(d) (1) Within 60 days after the end of the 90-day time period for the revision by the cities or county the
department shall accept the proposed revision modify its earlier determination or indicate why the proposed
revision is inconsistent with the regional housing need
(2) If the department does not accept the proposed revision, then within 30 days the city or county may
request a public hearing to review the determination
(3)The city or county shall be notified within 30 days by certified mail, return receipt requested of at least one
public hearing regarding the determination
(4)The date of the hearing shall be at least 10 but not more than 15 days from the date of the notification
(5) Before making its final determination the department shall consider all comments received and shall
include a written response to each request for revision received from a city or county
(e) If the department accepts the proposed revision or modifies its earlier determination the city or county
shall use that share
If the department grants a revised allocation pursuant to subdivision (d), the department shall ensure that the
total regional housing need is maintained.
The department's final determination shall be in writing and shall include information explaining how its action is
consistent with this section.
If the department indicates that the proposed revision is inconsistent with the regional housing need the city or
county shall use the share that was originally determined by the department.
The department, within its final determination may adjust the allocation of a city or county that was not the
subject of a request for revision of the draft distribution
(f)The department shall issue a final regional housing need allocation for all cities and counties within 45 days
of the completion of the local review period
65584.07 (a) During the period between adoption of a final regional housing needs allocation until the due date
of the housing element update pursuant to Section 65588 the council of governments or the department,
whichever assigned the county's share shall reduce the share of regional housing needs of a county if all of the
following conditions are met:
(1) One or more cities within the county agree to increase its share or their shares in an amount equivalent to
the reduction.
(2)The transfer of shares shall only occur between a county and cities within that county
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(3) The county's share of low-income and very low income housing shall be reduced only in proportion to the
amount by which the county's share of moderate-and above moderate-income housing is reduced
(4) The council of governments or the department, whichever assigned the county's share shall approve the
proposed reduction, if it determines that the conditions set forth in paragraphs (1) (2), and (3) above have been
satisfied
The county and city or cities proposing the transfer shall submit an analysis of the factors and circumstances
with all supporting data justifying the revision to the council of governments or the department.
The council of governments shall submit a copy of its decision regarding the proposed reduction to the
department.
(b) The county and cities which have executed transfers of regional housing need pursuant to this section
shall amend their housing elements and submit them to the department for review pursuant to Section 65585
All materials and data used to justify any revision shall be made available upon request to any interested party
within seven days upon payment of reasonable costs of reproduction unless the costs are waived due to
economic hardship
A fee may be charged to interested parties for any additional costs caused by the amendments made to former
subdivision (c) of Section 65584 that reduced from 45 to 7 days the time within which materials and data were
required to be made available to interested parties.
(c) In the event an incorporation of a new city occurs after the council of governments or the department for
areas with no council of governments, has made its final allocation under this section the city and county may
reach a mutually acceptable agreement on a revised determination and report the revision to the council of
governments and the department, or to the department for areas with no council of governments.
If the affected parties cannot reach a mutually acceptable agreement, then either party may request the council
of governments, or the department for areas with no council of governments to consider the facts data, and
methodology presented by both parties and make the revised determination.
The revised determination shall be made within one year of the incorporation of the new city based upon the
methodology described in subdivision (a)and shall reallocate a portion of the affected county's share of regional
housing needs to the new city
The revised determination shall neither reduce the total regional housing needs nor change the previous
allocation of the regional housing needs assigned by the council of governments or the department, where there
is no council of governments to other cities within the affected county
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