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HomeMy WebLinkAbout02-23-1982 City Council agendaAGENDA SARATOGA CITY COUNCIL TIME: Tuesday, February 23, 1982 - 6:00 p.m. PLACE: City Hall Conference Room, 13777 Fruitvale TYPE: Work Session - Closed Meeting 1. Review and discussion of City Manager's salary. TIME: Tuesday, February 23, 1982 - 7:30 p.m. PLACE: Community Center Meeting Room, 16585 Allendale TYPE: Work Session 1. Review and discussion of recommended Zoning Ordinance amendments fur regulation of manufactured housing. 2. Review and discussion of ABAG's proposed allocation of regional low- moderate housing needs. 3. Review and discussion of progress on General Plan amendments; consider formats for General Plan. 4. Review and discussion of progress on implementation ordinances for Northwest Hillside Specific Plan. 5. Adjournment. �n QT O&M ° REPORT TO MAYOR AND CITY COUNCIL DATE: 2/19/82 COUNCIL MEETING: 2/23/82 SUBJECT: ABAG'S Housing Needs Report as it Pertains to Saratoga ---------------------------------------------------------------------- - - - - -- INTRODUCTION On December 17, 1981 ABAG's Executive Board adopted the Housing Needs Report, San Francisco Bay Area. This report became effec- tive December 31st and describes the number of additional dwelling units that needed to be constructed in 1980, to bring housing production into equilibrium with housing demand for each City and County in the region. It also projects housing needs forward to 1985 for all these jurisdictions. This report was prepared as a requirement of state law due to the passage of AB 2853 (Art. 10.6) which makes it necessary for local governments to address their share of the region's housing needs through their housing elements. A 90 -day review period began December 31st to allow local governments to review ABAG's data and revise the housing need numbers based on existing local data and accepted planning methodology if this data and methodology were more accurate or reliable. These revised numbers are then submitted to ABAG for a 60 day review. At the end of this review ABAG must accept the revision or indicate why the revision is inconsistent with regional housing need. At the end of the 90 day review period (March 31st) the City must adopt a resolution either accepting ABAG's numbers or revising them. ABAG suggests that we wait until t -larch 31st to take action so that we will have maximum review time and allow ABAG's Executive Board a maximum number of. meetings to consider the revisions. ABAG staff wants to work with City staff on any revisions to the numbers since they are aware that some of their data may be outdated or City land use policies may have changed. ABAG also wants to complete the review in a timely fashion so that they can comply with their :'lay 30th deadline in dealing with the revisions. ABAG'S Housing Needs Report February 19, 1982 Page 2 SARATOGA HOUSING NEEDS According to ABAG, Saratoga needed to have 74 additional dwelling units in 1980 to bring housing supply into equilibrium with housing demand (see Table B -8). ABAG also projects that 469 dwelling units will need to be constructed between 1980 and 1985 (see Table C -8). The 1980 -85 numbers are then broken down into needed rental stock (Table D -8) and projected need by income (Table E -8). In addition to those numbers, ABAG also projects that a minimum of 54 dwelling units will have to be replaced due to demolition by 1985 (Table G -7). ABAG indicates that the two most important types of data used were: 1. household growth trends from 1975 to 1980 and projected growth from 1980 to 19 85 . 2. The number of housing units estimated to be available for year round permanent occupancy. Both of those types of data are responsible for the "available vacancy rate" which is the major component in calculating the housing need numbers. ABAG has indicated that these numbers should be focused on in our review. REVISION CRITERIA ABAG has established five criteria, three of which apply to Saratoga, they will use in reviewing and accepting local govern- ment revisions. The three criteria that apply are: 1. Revisions will be accepted when a local government provides more current and reliable data than used by ABAG. ABAG used 1980 census data that was available but was .forced to use 1970 census data to estimate the amount of available housing. (Available housing is that portion of the housing stock available for year round housing as opposed to second homes, etc.) The proportion of year round housing in 1970 was used to determine the proportion of year round housing available in 1980. In 1975 the County prepared a special census which included Saratoga. This data could significantly change Saratoga's 1980 housing need number. As an example, Saratoga's proportion of its housing stock unavailable in 1975 (1.1%) was higher than in 1970 (.5%). This could have the effect of reducing the housing need number for 1980. 2. ABAG will use updated information on local development policy changes that would affect the household growth increments for 1980 to 1985. The availability of suitable sites and facilities is required to IL ABAG'S Housing Needs Report February 19, 1982 Page 3 be considered in the distribution of housing needs. ABAG used local policies that were in effect in 1975 -76 and assumed in Projections 79. Since that time the City has changed its land development policy for the Northwestern hillside area where the bulk of the City's vacant land is located (850 acres of 1167 vacant acres total). The new specific plan for that area effectively reduces density from 40 -450 of what was previously allowed. This could significantly reduce the number of households projected for Saratoga from 1980 -85 and thus reduce the projected housing need number. Also, a moratorium on development in the Northwestern Hillsides has been in effect since April 1980 which could also reduce the 1980 housing need number. The annexation of the Sunland Park area must also be incorporated by ABAG to revise the 1985 projections. The status of the San Jose -Santa Clara sewage treatment plant, which is used by the two sanitation districts that serve Saratoga, may also impact the housing need numbers. If the sewage treatment plant cannot expand quickly enough, housing production could be slowed. 3. ABAG will estimates on availa accept revised replacement estimates if such are accompanied by adequate documentation based le data. ABAG assumes that the rates of loss in the housing stock from 1980 to 1985 will be one -half the rates calculated by HCD (State). Further, that as housing costs increase rehabilitation will gain economic feasibility and fewer units will be lost. ABAG's estimate that 54 units will be lost by 1985 works out to an annual loss of 10 -11 units per year. However, our demolition rate from 1976 to 1981 is about 4 units per year. If this rate continues, as is likely, then about 20 units per year would need replacement. 4. Other criteria Criteria 4 and 5 established by ABAG deal with unincorporated county areas and farmworker housing which do not impact Saratoga's housing need numbers. OTHER FACTORS In ABAG's projection of needed rental stock increase, 1980 renter /owner breakdowns are used. However, the 15% renter portion of the housing stock appears to be high when in 1975 only 7.4% of the housing stock were rental units. It is unlikely that the proportion of rental housing stock doubled in 5 years. Some revision of the rental need number would appear to be appropriate. ABAG used rental numbers from Franchise Tax Board and Department of Finance Data at the County level to determine rental percentages which were then uniformly applied to each City. ABAG assumed that ABAG'S Housing Needs Report February 19, 1982 Page 4 two - thirds of all 2 -4 unit structure types were rentals and all 5 or more unit structures were rentals. These assumptions do not really -describe Saratoga's situation. It also appears that ABAG may have underestimated the median income in Saratoga for 1980. ABAG estimated the median household income for Saratoga in 1980 to be $40,925. However, in 1981, Santa Clara estimated Saratoga's median household income to be $47,700. It is unlikely that median income would increase 16% over one year so it is possible that the 1980 median income was underestimated. This number is important because one of the factors examined*by ABAG is the growth of housing value vs. the growth of household income. If housing costs increase faster than income it.could indicate slower housing production (which affects housing cost) and thus is an indicator of a housing shortfall. CONCLUSION The purpose of all the housing need numbers generated by ABAG is to inform each community of its housing need which is a portion of the regional housing problem. The intent of AB 2853 was to make sure that local governments were aware of their responsibilities in contributing to the state housing goal. This goal, in brief, is the "... early attainment of decent housing and a suitable living environment for every California family..." This goal requires the cooperation of the public and private sectors to accommodate the housing needs of all economic levels. ABAG has estimated that a 4% regional vacancy rate in 1985 would stabilize the housing market in the region. Also, housing production was off with only 9 units produced for every 10 house- holds by which the region grew. To rectify that problem ABAG assumed that 11 units should be constructed for every 10 households projected in regional growth estimates. These assumption form part of the basis for the housing need numbers generated by ABAG. These goals and assumptions were approved by ABAG's Executive Board and reflect the goals of the region. According to state law, ABAG had to account for six factors in determining housing need. These factors were market demand for housing, employment opportunities, availability of suitable sites and public facilities, commuting patterns, type and tenure of housing, and housing needs of farmworkers. These factors are combined in the formulas used by ABAG which appear to be methodo- logically sound. However, the accuracy of the housing needs estimated by ABAG can be questioned based on more accurate data. The information the City has in some cases is more accurate than ABAG's. Of particular significance is the 1975 Special Census and the change in land development policy which reduced densities in the Northwestern Hillsides. With this new information it can be anticipated that ABAG'S Housing Needs Report February 19, 1982 Page 5 ABAG will reduce the housing need numbers but the exact amount of the reduction will not be known until ABAG processes the new information. Staff will be meeting with ABAG staff to discuss this new information and its impact on Saratoga's housing need numbers. Mi hae Flore , Assistant Planner MF /mgr Attachments TABLE III -7 1980 POPULATION AND HOUSING SANTA CLARA COUNTY City Population in Households Total Estimated Households Housing Available Units Housing* Campbell 26,902 11,639 11,975 11,939 Cupertino 33,741 12,732 13,118 ** 13,065 Gilroy 21,457 6,839 7,218 7,182 Los Altos 25,326 9,116 9,314 9,286 Los Altos Hills 7,381 2,369 2,444 2,410 Los Gatos 25,727 10,434 10,863 10,776 Milpitas 37,074 11,336 11,659 11,647 Monte Sereno 3,430 1,119 1,156 1,143 �r Morgan Hill 16,745 5,232 5,566 5,438 Mountain View 57,993 27,480 28,576 28,462 Palo Alto 53,787 23,041 23,711 ** 23,592 San Jose 618,831 209,375 216,156 ** 215,291 Santa Clara 84,820 34,037 34,858 34,788 Saratoga 28,793 9,295 9,543 9,495 Sunnyvale 105,790 42,932 44,021 43,889 Uninc. 119,874 41,543 43,603 42,862 Total 1,267,671 458,519 473,817 471,265 * Estimated by ABAG based on 1970 Census available stock proportions applied to 1980 Census information. ** Census figure adjusted based on boundary errors in Census - reported figures. III -41 9 i a �V TABLE B -8 EXISTING HOUSING NEED, 1980 SANTA CLARA COUNTY City 1980 Need as % of ,E,x�isti�nq ouh sing 19TU Housing Need Stock A v e Campbell 97 0.81% Cupertino 48 0.37 Gilroy 13 0.18 Los Altos 206 2.22 Los Altos Hills 9 0.37 Los Gatos 59 0.55 Milpitas 96 0.82 Monte Sereno 2 0.17 Morgan Hill 18 0.33 Mountain View 177 0.62 Palo Alto 285 1.21 San Jose 1,411 0.66 Santa Clara 331 0.95 Saratoga 74 0,78 Sunnyvale 539 1.23 Unincorporated 554 1.29 Total 3,919 0.83 25 TABLE C -8 PROJECTED HOUSING NEED, 1985 SANTA CLARE. COUNTY City 1985 Total Available 1980 -85 Projected Housing Needed Projected ouseho ds in 1985 Increase in Housing Needed Campbell 12,274 12,745 806 Cupertino 14,068 14,446 1,381 Gilroy 8,528 8,953 1,771 Los Altos 9,486 9,841 555 Los Altos Hills 2,872 2,927 517 Los Gatos 11,351 11,745 969 Milpitas 13,848 14,298 ?,651 Monte Sereno 1,208 1,247 104 Morgan Hill 6,278 6,528 1,090 Mountain View 28,789 29,919 1,457 Palo Alto 23,652 24,424 832 San Jose 243,329 251,067 35,776 Santa Clara 35,022 35,991 1,203 Saratoga 9,718 9,964 469 Sunnyvale 46,790 48,244 4,345 Uninc. 45,626 47,484 4,622 Total 512,839 529,813 58,548 35 TABLE D -8 NEEDED RENTAL STOCK INCREASE IN 1985 TO MAINTAIN ESTIMATED 1980 RENTAL PERCENTAGE SANTA CLARA COUNTY City 1980 1980 Percentage Percentage Owner Renter Needed Increase in Available Stock for 1985 - Rental Units in Available Stock Increase to Maintain Rental Percentage Campbell 55.0 45.0 806 363 Cupertino 67.0 33.0 1,381 456 Gilroy 65.0 35.0 1,771 620 Los Altos 80.0 20.0 555 111 Los Altos Hills 86.0 14.o 517 72 Los Gatos 67.0 33.0 969 320 Milpitas 75.0 25.0 2,651 663 Monte Sereno 88.0 12.0 104 12 Morgan Hill 77.0 23.0 1,090 251 Mountain View 37.0 63.0 1,457 918 Palo Alto 59.0 41.0 832 341 San Jose 66.0 34.0 35,776 12,164 Santa Clara 51.0 49.0 1,203 589 Saratoga 85.0 15.0 469 70 Sunnyvale 50.0 50.0 4,345 2,173 Unincorporated 76.0 24.0 4,622 2,539 Total 63.0 37.0 58,548 21,662 47 City 1985 Projected Housing Need TABLE E -8 Campbell 806 Cupertino 1,381 Gilroy 1,771 Los Altos 555 Los Altos Hills 517 Los Gatos 969 Milpitas 2,651 Monte Sereno 104 Morgan Hill 1,090 i Mountain View 1,457 Palo Alto 832 San Jose 35,776 Santa Clara 1,203 Saratoga 469 Sunnyvale 4,345 Uninc. 4,622 Total 58,548 TABLE E -8 PROJECTED NEED, 1985, BY INCOME CATEGORY SANTA CLARA COUNTY Above Moderate Low Moderate Income Income Income 411 193 105 912 221 124 673 531 301 444 50 33 450 31 15 677 136 78 1,114 742 424 83 10 5 533 273 142 976 219 131 624 92 58 17,888 8,944 4,651 674 265 132 371 47 23 2,737 782 391 2,728 924 462 31,295 13,460 � 7,075 1 . 1 Very Low Income 97 124 266 28 21 78 371 6 142 131 58 4,293 132 28 435 508 6,718 t * Assumes removals will occur at one half the annual rate of 0.4% assumed in the Statewide Housing Plan. ** Assumes removals will occur at one half the annual rate of 0.4% assumed in the Statewide Housing Plan, adjusted for housing value increases expected between 1980 and 1985. 72 TABLE G -7 REPLACEMENT NEED 19'85 SANTA CLARA COUNTY City Modified Reduced Housing Value State ubblic djusted Method Removals* Replacement Estimate** Campbell 237 119 68 Cupertino 259 130 74 Gilroy 142 72 41 Los Altos 184 92 52 Los Altos Hills 48 24 14 Los Gatos 2'14 107 't61 Milpitas 231 116 66 Monte Sereno 23 11 6 Morgan Hill 108 54 31 Mountain View 565 283 161 Palo Alto 468 235 134 San Jose 4,272 2,144 1,221 * Assumes removals will occur at one half the annual rate of 0.4% assumed in the Statewide Housing Plan. ** Assumes removals will occur at one half the annual rate of 0.4% assumed in the Statewide Housing Plan, adjusted for housing value increases expected between 1980 and 1985. 72 TABLE G -7 (continued) REPLACEMENT NEED 1985 SANTA CLARA COUNTY City Modified Reduced Housing Value t-tate� ub� lic Adjusted Method Removals* Replacement s -ti mate ** Santa Clara 690 346 197 Saratoga 188 95 54 Sunnyvale 871 437 249 Unincorporated 850 429 245 Total 9,350 4,694 2,674 * Assumes removals will occur at one half the annual rate of 0.4% assumed in the Statewide Housing Plan. ** Assumes removals will occur at one half the annual rate of 0.4% assumed in the Statewide Housing Plan, adjusted for housing value increases expected between 1980 and 1985. 73 APPENDIX 1. TEXT OF Ada 2853 (CNAPFFR 1143, STATUTES OF 1980) Assembly Bill No. ZS53 CHAPTER 1.143 An act to amend Section 65302 of, and to add Article 10.6 (com- mencing with Section 6,5380) to Chapter 3 of Division 1 of Title 7 of the Government Code relating to local planning. JApproved by Covemor SeEE)tember 26, 1980. Filed with Secretary of State S;ptember 26, 1980.1 LECISLA NIE COUNSEL'S DIGEST AB 2553, Roos. Local planning :, mobilehome parks and housing elements. (1) Existing law authorizes the legislative body of a county or city to regulate by zoning ordinance the various uses to which property ' t within the jurisdiction may be put, and requires the legislative body i to establish a planning agency to, among other things, develop and maintain a general plan. This bill would require the Department of Housing and Community Development, within 30 days after the effective date of this bill, to prepare and send to each county and city a questionnaire requesting prescribed information concerning the zoning regulations applicable to mobilehome parks, and would require the department to evaluate and report to the Legislature on the information received on or before July 1, 1981. (2) Edsting law requires the adoption by every county and city of a local general plan, including a housing element. Under present law, the housing element is required to make adequate provision for the housing needs of all economic segments of the community. Under present law, there are no specific time limitations for periodic revision of the housing element, and the Office of Planning and Research may grant limited time extensions for completion of the element. This bill would enact substantially more detailed requirements for the housing element and, among other things, would require counties and cities to plan in the housing element for meeting their "appropriate share of the regional demand for housing,- as detertnined pursuant to a specified procedure involving the council of governments for the region, the state's Department of Housing and Community Development, or the department alone in areas not having such a council. The bill would require each county and city to conform its housing element to the bill on or before October 1, 1981. The bill would require every city and county to revise its housing element, as specified at least every 5 years, except that the first revision would be due by July 1, 198A. (3) Under existing law, Sections 2231 and 244 of the Revenue and Taxation Code require the state to reimburse local agencies and 91 40 I -1 �n Ch. 1143 —2— school districts for certain costs mandated by the state. Other provisions require the Department of Finance to review statutes disclaiming these costs and provide, in certain cases, for making claims to the State Board of Control for reimbursement. The statutory provisions requiring reimbursement will be supplemented by a constitutional requirement of reimbursement effective for statutes enacted on or after July 1, 1980. This bill provides that no appropriation is made by this act pursuant to the constitutional mandate or Section 2231 or 2234, but recognizes that local agencies and school districts may pursue their other available remedies to seek reimbursement for these costs. The people of the State of California do enact as follows: SECTION 1. The Department of Housing and Community Development shall within 30 days after the effective date of4,this section prepare and send to each county and city a questionnaire requesting the following information: (1) The number of mobilehome parks within the jurisdiction, and the authorized number of mobilehome sites in each park. (2) The number of requests or permit applications for change of use of the mobilehome park. F, (3) The number of applications for the establishment of new mobilehome parks. (4) The disposition of requests or permit applications for change of use of mobilehome parks or applications for the establishment of new mobilehome parks and the reasons for denial of such requests or applications. (5) The availability of land within the jurisdiction that may be appropriate for establishment of mobilehome parks. (6) Local established practices, policies, and ordinances concerning change of use of mobilehome parks. (7) Local efforts and policies for reducing the incidence of change of use of mobilehome parks within the jurisdiction. The information specified in paragraphs (1) to (4), inclusive, shall cover the period from January 1, 1979, through December 31, 1979. The information specified in paragraphs (5) to (7), inclusive, shall reflect current conditions and circumstances as of the time of the completion of the questionnaire. The department shall prepare and submit a written report to the Legislature, on or before July 1, 1981, containing an evaluation of the information received in response to the questionnaire. This section shall apply to charter cities and counties as well as general law cities and counties. SEC. 2. Section 65102 of the Government Coce is amended to read: 6.5302. The general plan shall consist of a statement of developinent policies and shall include a diagri m or diagrams and 1 -2 -3— Ch. 1143 text setting forth objectives, principles, standards, and plan proposals. The plan shall include the following elements: (a) A Land use element which designates the 'proposed general distribution and general location and extent of the uses of the land for housing, business, industry., open space, including agriculture, natural resources, recreation, and enjoyment of scenic beauty, education, public buildings and grounds, sol "id and liquid waste disposal facilities, and other categories of public and private uses of land. The. land use element shall include a statement of the standards of density and building intensity recommended for the population various districts and other territory covered by the plan. The land use element shall also identify areas covered by the plan which are subject to flooding and shall be reviewed annually with, respect to such areas. (b) A circulation element consisting of the general location and extent of existing and proposed major thoroughfares, transportation routes; terminals, and other local public utilities and facilities, all correlated with the land use element of the plan. (c) A housing element as provided in Article 10.6 (commencing with Section 65580). (d) A conservation element for the conservation, development, and utilization of natural resources including water and its hydraulic force, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals, and other natural resources. That portion of the Sc� conservation element including waters shall be developed in coordination with any countywide water agency and with all district and city agencies which have developed, served, controlled or conserved water for any purpose for the county or city for which the plan is prepared. The conservation element may also cover: (1) The reclamation of land and waters. N� (2) Flood control. (3) Prevention and control of the pollution of streams and other waters. (4) Regulation of the use of land in stream channels and other areas required for the accomplishment of the conservation plan. (5) Prevention, control, and correction of the erosion of soils, beaches, and shores. (6) Protection of watersheds. - (7) The location, quantity and quality of the rock, sand and gravel resources. The conservation element shall be prepared and adopted no later than December 31, 1973. ,. (e) An open-space element as provided in Article 10.5 (cuminencing with Section 65560) of this chapter. (f) A seismic safety element consisting of an identification and appraisal of scisriiir hazards such as susceptibility to surface ruptures from faulting;, to ground shaking, to ground f ulurus, or to effects of seismically induced wanes such as tsunainls and seiche:s. IPA I -3 - t1;, Ch. 1143 —4— The seismic safety element shall also include an appraisal of mudslides, landslides, and slope stability as necessary geologic hazards that must be considered simultaneously with other hazards such as possible surface ruptures from faulting, ground shaking, ground failure and seismically induced waves. To the extent that a county's seismic safety element is sufficiently detailed containing appropriate policies and programs for adoption by a city, a city may adopt that portion of the county's seismic safety element that pertains to the city planning area within the county's jurisdiction, in satisfaction of this subdivision. In adopting a county seismic safety element, a city shall follow all requirements regarding the content and adoption of general plan elements as set forth in this article and Article 6 (commencing with Section 65350) of this chapter. Each county and city shall submit to the Division of Mines and Geology of the Department of Conservation one copy of the seismic safety element and any technical studies used for developing the seismic safety element. (g) A noise element, which shall recognize guidelines adopted by the Office of Noise Control pursuant to Section 46050.1 of the Health and Safety Code, and which quantifies the community noise environment in terms of noise exposure contours for both near- and long -term levels of growth and traffic activity. Such noise exposure information shall become a guideline for use in development of the land use element to achieve noise compatible land use and also to provide baseline levels and noise source identification for local noise ordinance enforcement. The sources of environmental noise considered in this analysis shall include, but are not limited to, the following: (1) Highways and freeways. (2) Primary arterials and major local streets. (3) Passenger and freight on -line railroad operations and ground rapid transit systems. (4) Commercial, general aviation, heliport, helistop, and military airport operations, aircraft overflights, jet engine test stands, and all other ground facilities and maintenance functions related to airport operation. (5) Local industrial plants, including, but not limited to, railroad classification yards. (6) Other ground stationary noise sources identified by local agencies as contributing to the community noise environment. The noise exposure information shall be presented in terms of noise contours expressed in community noise equivalent level (CNEL) or day - night average level (L,,,). CNL:L means the average equivalent A- weighted sound level during a 24-hour day, obtained after addition of five decibels to sound levels in the evening from 7 p.m. to 10 p.m. and after addition of 10 decibels to sound levels in the night before 7 a.m. and after 10 p.m. Lt,, means the average 01) 1 -4 lt� w —5— Ch. 1143 equivalent A- weighted sound level during a 24 -hour day, obtained after addition of 10 decibels to sound levels in the night before 7 a.m. and after 10 p.m. The contours shad be shown in minimum increments of 5db and shall continue down to 60db. For areas deemed noise sensitive, including, but not limited to, areas containing schools, hospitals, rest homes, long -term medical or mental care facilities, or any other land -use areas deemed noise sensitive by the local jurisdiction, the noise exposure shall be determined by monitoring. A part of the noise element shall also include the preparation of a community noise exposure inventory, current and projected, which identifies the number of persons exposed to various levels of noise throughout the community. The noise element shall also recommend mitigating measures and possible solutions to existing and foreseeable noise problems. The state, local, or private agency responsible for the construction; maintenance, or operation of those transportation, industrial, or other commercial facilities specified in paragraph 2 of this subdivision shall provide. to the local agency producing the general plan, specific data relating to current and projected levels of activity and a detailed methodology for the development of noise contours given this supplied data, or they shall provide noise contours as specified in the foregoing statements. It shall be the responsibility of the local agency preparing the general plan to specify the manner in which the noise element will be integrated into the city or county's zoning plan and tied to the land use and circulation elements and to the local noise ordinance. The noise element, once adopted, shall also become the guideline for determining compliance with the state's noise insulation standards, as contained in Section 1092 of Title 25 of the California Administrative Code. (h) A scenic highway element for the development, establishment, and protection of scenic highways pursuant to the provisions of Article 2.5 (commencing with Section 260) of Chapter 2 of Division 1 of the Streets and Highways Code. (i) A safety element for the protection of the community from fires and geologic hazards including features necessary for such protection as evacuation routes, peak load water supply requirements, minimum road widths, clearances around structures, and geologic hazard mapping in areas of known geologic hazards. The requirements of this section shall apply to charter cities. SEC. 3. Article 10.6 (commencing with Section 65550) is added to Chapter 3 of Division 1 of Title 7 of the Cuvernment Code, to read: Article 10.6. Housing Elements 65580. The Legislature finds and declares as follows: (a) The availability of housing is of vital statewide importance, 1 -5 Flj , Ch. 1143 —6— and the early attainment of decent housing and a suitable living environment for every California family is a priority of the highest order. (b) The early attainment of this goal requires the cooperative participation of government and the private sector in an effort to expand housing opportunities and accommodate the housing needs of Californians of all economic levels. (c) The provision of housing affordable to low- and moderate - income households requires the cooperation of all levels of government. (d) Local and state governments have a responsibility to use the powers vested in them to facilitate the improvement and development of housing to make adequate provision for the housing needs of all economic segments of the community. (e) The Legislature recognizes that in carrying out this responsibility, each local government also has the responsibility to consider economic, environmental, and focal factors and community 's goals set forth in the general plan and to cooperate with other local governments and the state in addressing regional housing needs. 65581. It is the intent of the Legislature in enacting this article: (a) To assure that counties and cities recognize their responsibilities in contributing to the attainment of the state housing goal. (b) To assure that counties and cities will prepare and implement housing elements which, along with federal and state programs, will move toward attainment of the state housing goal. (c) To recognize that each locality is best capable of determining what efforts are required by it to contribute to the. attainment of the state housing goal, provided such a determination is compatible with the state housing goal and regional housing needs. (d) To ensure that each local government cooperates with other local governments in order to address regional housing needs. 65582. As used in this article: (a) "Community," "locality, "local government," or "jurisdiction" means a city, city and county, or county. (b) "Department" means the Department of Housing and Community Development. (c) "Housing element" or "element" means the housing element of the community's general plan, as required pursuant to this article and subdivision (c) of Section 65302. 65583. The housing element shall consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, and scheduled programs for the preservation, improvement, and development of housing. The housing element shall identify adequate sites for housing, including rental housing, factory -built housing, and mobilehomes, and shall make adequate provision for the existing and projected needs of all economic segments of the community. The element shall contain all I -6 -7— Ch. 1143 of the following: (a) An assessment of housing needs and an inventory of resources and constraints relevant to the meeting of these need's. The assessment and inventory shall include the following: (l) Analysis of population and employment trends and documentation of projections and a quantification of the locality's " existing and projected housing needs for all income levels. Such existing and projected needs shall include the locality's share of the regional housing need in accordance with Section 65584. (2) Analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing • characteristics, including overcrowding, and housing stock condition. (3) An inventory of land suitable for residential development, ` including vacant sites and sites having potential for redevelopment, and an analysis of the relationship of zoning and public facilities and services to these sites. (4) Analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all ,income levels, including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures. (5) Analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, the price of 23 land, and the cost of construction. (6) Analysis of any special housing needs, such as those of the handicapped, elderly,large families, farmworkersi and families -with female heads of households. qtr (7) Analysis of opportunities for energy conservation with respect to residential development. (b) A statement of the community's goals, quantified objectives, and policies relative to the maintenance, improvement, and development of housing. It is recognized that the total housing needs identified pursuant to subdivision (a) may exceed available resources and the community's ability to satisfy this need within the content of the general plan requirements outlined in Article 5 (commencing with Section 63.300). Under these circurnstances, the quantified objectives need not be identical to the identified existing housing needs, but should establish the maximum number of housing units that can be ' constructed; rehabilitated, and conserved over a five -year time frame. ' (c) A program which sets forth aFive -year schedule of actions the y+'d� local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element through the administration of land use and ' development controls, provision of regulatory concessions and, T �T i -7 Vl, Ch. 1143 —8— incentives, and the utilitzation of appropriate federal and state financing and subsidy programs when available. In order to snake adequate provision for the housing needs of all economic segments of the community, the program shall do all of the following: (1) Identify adequate sites which will be made available through appropriate zoning and development standards and with public services and facilities needed to facilitate and encourage the development of a variety of types of housing for all income levels, including rental housing, factory -built housing and mobilehotnes, in order to meet the community's housing goals as identified in subdivision (b). (2) Assist in the development of adequate housing to meet the needs of low- and moderate- income households. (3) Address and, where appropriate and legally possible, remove governmental constraints to the maintenance, improvement, and development of housing. (4) Conserve and improve the condition of the existing affordable housing stock. `j (5) Promote housing opportunities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, or color. The program shall include an identification_ of the agencies and officials responsible for the implementation of the various actions and the means by which consistency will be achieved with other general plan elements and community goals. The local government shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the housing element, and the program shall describe this effort.. 65584. (a.) For purposes of subdivision (a) of Section 655M, a locality's share of the, regional housing needs includes that share of the housing need of persons at all income levels within the area significantly affected by a jurisdiction's general plan. The distribution of regional housing needs shall, based upon available data, take into consideration market demand for mousing, employment opportunities, the availability of suitable sites and public facilities, commuting patterns, type and tenure of housing need, and the housing needs of farmworkers. The. distribution shall seek to avoid further impaction of localities with relatively high proportions of lower income households. Based upon data provided by the Department of Housing and Community Development relative to the statewide need for housing, each council of governments shall determine the existing and projected housing need for its region. The Department of housing and Community Development shall ensure that this determination is consistent with the statewide housing need and may revise the determination of the council of governments if necessary to obtain this consistency.. Each locality's share shall be determined by the appropriate council of governments consistent with the criteria above with the advice of the department subject to the procedure established pursuant to tX) r 1-5 ?�V WWI J-1- R. —9— Ch. 1143 subdivision (c). (b) For areas with no council of governments, the Department of Ilousing and Coint.iunity Development shall determine housing market areas and define the regional housing teed for localities within these areas. Where the department determines that a local government possesses the capability and resources and has agreed to accept the responsibility, with respect to its jurisdiction, for the identification and determination of housing market areas and regional housing needs, the department shall delegate this responsibility to the local governments within these areas. (c) Within 90 days following a determination of a council of governments pursuant to subdivision (a), or the department's determination pursuant to subdivision (b), a local government may revise the definition of its share of the regional housing need. The revised share shall be based upon available data and accepted planning methodology, and supported by adequate documentation. Within 60 days of the local government's revision, the council of governments or the department, as the case may be, shall accept the revision or shall indicate, based upon available data and accepted planning methodology, why the revision is inconsistent with the regional housing need. The housing element shall contain an analysis of the factors and circumstances, with all supporting data, justifying the revision. All materials and data used to justify any revision shall be made available upon request by any interested party within 45 days upon payment of reasonable costs of reproduction unless such costs are waived due to economic hardship. (d) Any authority to review and revise a local government's share of the regional housing need granted under this section shall not constitute authority to revise, approve, or disapprove the manner in which the local government's share of the regional housing need is implemented through its housing program. 6S,W. (a) Each city, county, and city and county shall consider the guidelines adopted by the Department of Housing and Community Development pursuant to Section 50459 of the Health and Safety Code in preparation and amendment of the housing element pursuant to this article. Such guidelines shall be advisory to each local government in order to assist it in the preparation of its housing element. (b) At least 90 days prior to adoption of the housing element pursuant to this article and Section 65357, or at lest 45 days prior to the adoption of an amendment to this element, the planning agency of a city, county, or city and county shall submit a draft of the element or amendment to the Department of Housing and Community Development. The department shall review drafts submitted to it and report its findings to the planning agency within 90 days of receipt of the draft in the case of adoption of the housing element pursuant to this article, or within 45 days of receipt of the draft in the case of an amendment. The legislative body shall consider the I -9 T .. I Ch. 1143 _10— department's findings prior to final adoption of the housing element or amendment. (c) Each local government shall provide the department with a copy of its adopted housing element or amendments. The department may review adopted housing elements or amendments and report its findings. ' (d) Except as provided in Section 655M, any and all findings made by the Department of Housing and Community Development pursuant to subdivisions (b) and (c) shall be advisory to the local government. 65586. Local governments shall conform their housing elements to the provisions of this article on or before October 1, 1981. Jurisdictions with housing elements adopted before October 1, 1981, in conformity with the housing element guidelines adopted by. the Department of Housing and Community Development on December 7, 1977, and located in Subchapter 3 (commencing with Section 6300) of Chapter 6 of Part I of Title 25 of the California Administrative Code, shall be deemed in compliance with this article as of its effective date. A locality with a housing element found to be ' adequate by the department before October 1, 1981, shall be deemed =' in conformity with these guidelines. 65587. (a) Each city, county, or city and county shall bring its housing element, as required by subdivision (c) -of Section 6530`?., intoy, conformity with the requirements of this article on or before October 1 1981. No extension of time for such ur se may be P po y granted pursuant to Section 65302.6, notwithstanding its provisions to the contrary. j (b) Any action brought by any interested party to review the conformity with the provisions of this article of any housing element or portion thereof or revision thereto shall be brought pursuant to - Section 1085 of the Code of Civil Procedure; the court's review of � compliance with the provisions of this articleshall extend to whether the housing element or portion thereof or revision thereto reasonably complies with the requirements of this article. 65588. (a) Each local government shall review its housing element as frequently as appropriate to evaluate all of the following: (1) The appropriateness of the housing goals, objectives, and policies in contributing to the attainment of the state housing goal.' (2) The effectiveness of the housing element in attainment of the community's housing goals and objectives. (3) The progress of the city, county, or city and county in implementation of the housing element. (b) The housing element shall be revised as appropriate, but not less than every five years, to reflect the results of this periodic review, except that the first such revision shall be accomplished by July 1, 1.984. 65589. (a) Nothing in this article shall require a city, county, or city and county to do any of the following: f I -10 4+ F' r 1 0 — I I = Ch. 1143 (1) Expend local revenues for the construction of housing, housing subsidies, or land acquisition. (2) Disapprove any residential ,development which is consistent kith the general plan. (b) Nothing in this article shall be construed to be a grant of authority or a repeal of any authority which may exist of a .local government to impose rent controls or restrictions on the sale of real property. (c) Nothing in this article shall be construed to be a grant of authority or a repeal of any authority which may exist of a local' government with respect to measures that may be undertaken or required by a local government to be undertaken to implement the housing element of the local general plan. (d) The provisions of this article shall be construed consistent with; and in promotion of, the statewide goal of a sufficient supply of decent housing to meet the needs of all Californians. ; t SEC. 4. Notwithstanding Section 2231 or 2234 of the Revenue and Taxation Code and Section 6 of Article XIII B of the California Constitution, no appropriation is made by this act pursuant to these sections. It is recognized, however, that a local agency or school . district may, pursue any remedies to obtain reimbursement available to it under Chapter 3 (commencing with Section 2201) of Part 4 of Division 1 of that code. SEC. 5. Section, 2 of this act shall become operative October 1, 1981. I -11 C MODEL RESOLUTION 1 LOCAL GOVERNMENT ACCEPTANCE OF HOUSING NEEDS DETERMINATIONS WHEREAS, the Association of Ba,y Area Governments is the council of governments (hereinafter "ABAG ") under the Joint Exercise of Powers Act for the San Francisco Bay Area; and WHEREAS, each council of governments is required by Section 65584 of the Government Code, as added by Chapter 1143, Statutes of 1980 (hereinafter "Section 65584 "), to determine the existing and projected housing needs for its region; and WHEREAS, each council of governments is further required to determine.each city's and county's share,P the regional housing needs; and WHEREAS, ABAG's staff has prepared and ci.rcula.ted, for public review and comment, a draft Housing Needs Report meeting the requirements of ection 4; and WHEREAS, after a duly noticed public hearing held on December 17, 1981, the ABAG Executive Board considered the proposed Housing Needs Report and comments thereon; and WHEREAS, the ABAG Executive Board found such report includes consideration of all factors listed in Section 65584 in making the initial determination of regional housing needs; and WHEREAS, the Housing Needs Report was approved by the ABAG Executive Board for the purpose of begin.ning the official review and revision of the determinations contained therein; and WHEREAS, ABAG's staff have worked with the staff of the (name of jurisdiction) to ensure that the most complete and reliable information has been used in the determination of housing needs for this jurisdiction; NOW THEREFORE BE IT 12 ! RESOLVED, that, pursuant to Section 65584, the name of jurisdiction) accepts the determination of its share of the regional housing need, as contained in the December 1981 Housing Needs Report published by ABAG until such number is revised y BAG as required by law for local housing element revisions due July 1, 1984; and be it further RESOLVED, that a copy of this resolution be transmitted to the Executive Director of the Association of Bay Area Governments. 13 >t MODEL RESOLUTION 2 LOCAL GOVERNMENT REVISION OF HOUSING NEEDS DETERMINATIONS Err L WHEREAS, the Association of Bay Area Governments i,s the council of governments (hereinafter "ABAG ") under the Joint Exercise of Powers Act for the San Francisco Bay Area; and WHEREAS, each council of governments is re. quired by Section 65584 of the Government Code, as added by Chapter 1143, Statutes of 1980 _ (hereinafter "Section 65584 "), to determine the existing and projected housing needs for its region; and WHEREAS, each council 'of governments is further required to determine each. city's and county's s'hare'lof the regional housing needs; and �4 WHEREAS, ABAG's staff has prepared and circulated, for public review and comment, a draft Housing Needs Report meeting the requirements of Section 65584; and WHEREAS, after a duly noticed-public hearing held on December 17, 1981, the ABAG Executive Board considered the proposed Housing Needs Report and comments thereon; and WHEREAS, the ABAG Executive Board found such report includes consideration of all factors listed in Section 65584 in proposing the initial determination of regional housing needs; and WHEREAS, the Housing Needs Report was approved by the ABAG Executive Board for the purpose of beginning the official review and - revision of the determinations contained therein; and WHEREAS, ABAG's staff have worked with the staff of the (name of jurisdiction) to ensure that the most complete and reliable information has been used in the determination of housing needs for this jurisdiction; and WHEREAS, the (name of jurisdiction) desires to revise its share of the regional housing need based on 6S 14 F -- i l� l� available data and accepted planning methodology in accordance with the requirements of Section 65584; NOW THEREFORE BE IT RESOLVED, that, pursuant to Section 65584, the (name of jurisdiction) revises its share of the regional housing need, as contained in the December 1981 Housing Needs Report published by ABAG; and be it further RESOLVED, that this revision is made effective March 31, 1982; and be it further RESOLVED, that the revision, and the data and methodology used to support such revision,is described in the attached report; and be it further RESOLVED, that the ABAG Executive Board is requested to act on such revision in accordance with the requirements of Section 65584; and be it further RESOLVED, that a copy of this resolution and the attached report be transmitted to the Executive Director of the Association of Bay Area Governments. 15 ,r ti 1 6v m 1 i J c�vr 61 1 Z s,s� c►o-� P ��' t.s�,66'b 2-a a ti 9nJ� t� ,o to c� 1