SPECIAL JOINT CITY COUNCIL AND
PLANNING COMMISSION MEETING AGENDA
APRIL 18, 2022
Meeting Time: 11:15 a.m.
Meeting Location: Hofert Hall, 39707 Big Bear Boulevard, Big Bear Lake CA 92315 ____________________________________________________________________________________________
COUNCILMEMBERS
MAYOR RICK HERRICK
MAYOR PRO TEM BYNETTE MOTE
COUNCILMEMBER ALAN LEE
COUNCILMEMBER PERRI MELNICK
COUNCILMEMBER RANDALL PUTZ
PLANNING COMMISSIONERS
CHAIR PAUL SENFT
VICE-CHAIR JEFF HOLOUBEK
COMMISSIONER MICHAEL BEVERIDGE
COMMISSIONER MICHAEL LOGRANDE
COMMISSIONER SARA SCHACHT
CITY STAFF
INTERIM CITY MANAGER JEFF MATHIEU
CITY ATTORNEY STEVE DEITSCH
CITY ATTRONEY TODD LEISHMAN
CITY CLERK ERICA STEPHENSON
To:
Mayor Rick Herrick
Mayor Pro Tem Bynette Mote
Councilmember Alan Lee
Councilmember Perri Melnick
Councilmember Randall Putz
Planning Commission Chair Paul Senft
Planning Commission Vice-Chair Jeff Holoubek
Planning Commissioner Michael Beveridge
Planning Commissioner Michael LoGrande
Planning Commissioner Sara Schacht
City Manager
City Attorney
Division Managers
Local Media
SPECIAL JOINT MEETING AGENDA
April 18, 2022 - Page 2
NOTICE
NOTICE IS HEREBY GIVEN, that the City Council and Planning Commission will conduct a Special Joint Meeting on Monday, April 18, 2022, at 11:15 a.m., at 39707 Big Bear Boulevard, Big Bear Lake, California; said meeting is being called pursuant to Section 54956 of the Government Code of the State of California for the purpose of considering the following matter:
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
PUBLIC COMMUNICATIONS
Public comment is permitted at this time only on matters related to Item 1.1 (2021-2029 Housing Element Discussion).
Please note that State law prohibits the City Council/Planning Commission from taking any action on items not listed on the agenda. There is a three-minute maximum time limit when addressing Council/Commission during this time period. The time limit is subject to adjustment at the discretion of the Presiding Officer. Speakers are limited to their individual maximum time limit and other members of the public cannot cede their speaking time to another person.
The public may also submit written public communications about any item on this meeting agenda, or about any subject matter within the jurisdiction of the City, to the City Clerk in person, via mail or by email at [email protected]. If your comment is related to a specific Agenda item, please identify the Agenda item in the header of your letter or the subject line of your email. All written communications received by the City Clerk prior to the meeting will be distributed to the City Council/Planning Commission prior to the start of the meeting, however, the public is encouraged to submit comments by 8:00 am on the day of the meeting to ensure adequate time for Council/Commission review and consideration.
1. DISCUSSION/ACTION ITEM
1.1 2021-2029 Housing Element Discussion
City staff will provide an overview of the current status of the 2021-2029 Housing Element. The City Council and Planning Commission will be asked to consider several policy issues including increased residential density, minimum residential density, and permitting for large residential care facilities. Direction is requested in order to pursue zoning amendments in compliance with the State-mandated deadline of October 15, 2022.
ADJOURNMENT
I hereby certify under penalty of perjury, under the laws of the State of California, that the foregoing agenda was posted in accordance with the applicable legal requirements. Dated this 14th day of April 2022.
Erica Stephenson, City Clerk
The City of Big Bear Lake wishes to make all of its public meetings accessible to the public. If you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (909) 866-5831. Notification 72 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
MEETING
DATE: April 18, 2022
TO: Honorable Mayor and Members of the City Council and Planning Commission THROUGH: Jeff Mathieu, Interim City Manager
FROM: Sue O’Strander, Director of Community Development Ruth Lorentz, Contract Planner
SUBJECT: Status of 2021-2029 Housing Element and Required Implementation
BACKGROUND
The Housing Element is a State-mandated element of the General Plan, which must be updated every eight years and certified by the State Department of Housing and Community Development (HCD). The 6th cycle Housing Element covers the period 2021-2029.
As part of the Housing Element review process, HCD must review adopted Housing Elements and issue opinions regarding their compliance with State law. A finding of compliance by HCD is referred to as “certification” of the Housing Element. Certification is important to enhance cities’ eligibility for grant funds and to support local land use authority. The City adopted the 2021-2029 Housing Element on December 6, 2021, and submitted it to HCD for review. A copy of the adopted Housing Element can be accessed on the city’s website at:
www.citybigbearlake.com/housingelement.
Certification Status
On March 11, 2022, the City received a letter from HCD concluding that the Housing Element requires additional revisions and therefore remains out of compliance (not certified). Housing Elements for SCAG cities were due on October 15, 2021 with a certification deadline of 120 days, or February 13, 2022. For perspective, as of April 7, 2022, only 7 jurisdictions out of 197 in the SCAG region have been certified.
HCD’s letter (attached) comments on Big Bear Lake’s Housing Element, and primarily focuses on four areas that require further action, including:
• Evaluate how the City is meeting housing needs of special needs populations and remove constraints;
• Assess how the City affirmatively furthers fair housing (known as AFFH) in step with the State’s guidance;
• Remove constraints and clarify the minimum density for the 6 parcels (previously identified in the City’s 5th cycle Housing Element) which allow a density of 20 units to the acre; and
• Provide more information on the public participation process.
Housing Element Joint Study Session
April 18, 2022
The needed revisions must be made to the Housing Element for re-adoption and, eventually, subsequent State certification.
Implementation Requirement
Since the City’s Housing Element was not certified by February 13, 2022, State law now requires the City to make necessary zoning changes by October 15, 2022. This means that several areas of the Development Code must be amended in order to comply with state law, including rezoning to provide adequate capacity for the City’s Regional Housing Needs Assessment (RHNA), specifically:
• Remove the 2-acre minimum size standard for the 20 unit/acre parcels; • Establish a minimum and a maximum density range for the 20 unit/acre parcels, which may be included under a new R-4 zone district;
• remove constraints related to large residential care homes.
Other amendments include those related to several required programs in the Housing Element.
These are more straight-forward and are mentioned for information only. The details of these will be presented as part of the formal zone amendment hearings, anticipated for late Summer/early Fall:
• Comply with the maximum parking standards for Emergency Shelters and define and allow Low Barrier Navigation;
• Establish procedures for disability related reasonable accommodation requests; • Update definitions for transitional and supportive housing and regulations for supporting housing;
• Establish objective design standards for affordable housing developments; • Create standards for reasonable accommodations for people with disabilities.
The adopted 2021-2029 Housing Element will need to be amended, and a Development Code Amendment will be processed concurrently to address HCD’s comments.
DISCUSSION
The 2021-2029 RHNA allocation assigned to the City of Big Bear Lake is 212 units and consists of:
50 very-low-income units
33 low-income units
37 moderate-income units
92 above-moderate-income units
The City must demonstrate that there are sufficient residential sites (vacant or underutilized) to accommodate the City’s RHNA share. A summary of residential sites is provided in Figure 1 below. (This figure corresponds to Table B-1 of Appendix B of the 2021-2029 Housing Element.) The site inventory must yield enough sites to provide housing for the 83 very-low and low-income units. State law establishes a “default density” of 20 units/acre that is assumed to be appropriate for lower-income housing in small cities such as Big Bear Lake.
Housing Element Joint Study Session
April 18, 2022
Figure 1: Residential Sites Inventory
Income Category
Very Total
Low Low Moderate AboveModerate
Approved or pending projects 8 12 20
Vacant sites 50 35 34 1,000+ 1,120
Potential ADUs 3 6 6 1 16
TOTAL 61 41 40 1,013 1,156
RHNA (2021-2029) 50 33 37 92 212
Adequate sites? Yes Yes Yes Yes Yes
Source: City of Big Bear Lake Community Development Dept., 2021 While the vacant sites are sufficient to provide higher density multiple family development, these are zoned R-3, which currently allows for a maximum of 12 units per acre.
Remove Minimum Lot Size Standard for Higher Density Sites In the previous Housing
Element (2013-2021), six
vacant parcels were identified
for development with a
minimum density of 20 units
per acre. (seeFigure 2)
HCD believes these 6 parcels
allows a range of 12 to 20 units
per acre, rather than a
minimum density of 20
units/acre. The State is
concerned about this
discrepancy, as it may result in
projects with a lower density
which will not benefit lowerincome households, and
reduce the inventory available
for lower-income RHNA.
A further complication is that
to qualify for the 20 unit
density, the sites must measure
2 acres in size. Some parcels
are not quite 2-acres in size,
and the previous Housing
Element policy thought the
adjacency to each other would
Figure 2: Large Vacant, R-3 parcels at 20 units/acre
Housing Element Joint Study Session
April 18, 2022
encourage consolidation of lots, in order to benefit from the 20 unit/acre density. As the lot consolidation has not occurred, HCD sees the current minimum size standard as a land use constraint to providing lower income housing.
Increase Density to Accommodate RHNA
One simple solution is to establish a new high density multiple residential zone for these parcels, establish a minimum and maximum density range, and remove the lot size standard to avoid the need for consolidation. For example, create an R-4 zone district, which would clarify a minimum density of 20 units/acre. However, since HCD has stated that a range of density is preferred staff suggests a maximum density of at least 24 units/acre. Figure 3 illustrates the total possible densities that may be achieved, including with the maximum possible density bonus for affordable housing projects that meet the State’s minimum criteria:
Figure 3: Minimum/Maximum Density for New R-4 Zone
APN Address Size
(AC)
20 Units/Acre
24 Units/Acre
Max Density
Bonus (36)
31141113 390 Starvation Flats 1.50 30 36 54
31141117 0 Starvation Flats 1.04 20 24 37
31142102 0 Starvation Flats 1.51 30 36 54
31142103 0 Starvation Flats 1.02 20 24 37
31142139 360 Starvation Flats 0.99 19 23 35
232830125 42326 Moonridge Rd 3 60 72 108
TOTAL 9.06 179 215 325
Staff seeks City Council and Planning Commission direction and input this strategy. We are also seeking input and direction on the other primary item of concern, related to large residential care homes.
Large Residential Care Facilities
State law has long required cities to allow state-licensed residential care facilities for 6 or fewer persons as a residential use with no additional requirements or permits that are not required of other residential uses in the same zone. State law does not impose similar limitations on local regulation of larger care facilities serving more than 6 persons, and most cities typically require a Conditional Use Permit (CUP) for large residential care facilities. In its review letter, HCD states that the CUP requirement for large residential care facilities is a constraint on persons with disabilities that should be replaced with a simple process that allows such facilities by-right with no public hearing. A commitment to replace the CUP requirement with a simple process based on objective standards would address HCD’s concern and enhance the likelihood of Housing Element certification. Alternatively, the Council and Commission may wish to retain the current requirement for CUPs.
Housing Element Joint Study Session
April 18, 2022
PUBLIC OUTREACH & INPUT
A courtesy notice of this meeting has been provided to the contacts that have been added to the City’s Housing Element contact list, as well as to the property owners of the 6 parcels which are the subject of the possible zoning and density changes. Due to the tight schedule and short notice, the property owners were provided with an overnight mailer and map of the subject parcels (in Figure 2 of this report). As of the writing of this report, no correspondence has been received.
NEXT STEPS
Should the City Council and Planning Commission support amending the zoning and density for these parcels, staff will prepare a Development Code Amendment and General Plan (Land Use) Amendment and bring a draft through the public hearing process. The project would not be exempt from California Environmental Quality Act (CEQA) and will likely require a Negative Declaration. In order to meet statutory deadlines of October 15, 2022, staff is under a tight schedule. The following public hearing dates are tentatively anticipated for this project:
• Planning Commission July 20, 2022 (Tentative)
• City Council (1st Reading) August 15, 2022 (Tentative) • City Council (2nd Reading) September 19, 2022 (Tentative)
ATTACHMENTS
1. HCD Draft Review Letter, dated March 11, 2022
2. Housing-Related State Laws and Proposed Code Amendments ATTACHMENT 1
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
Frank A. Rush, Jr., City Manager
City of Big Bear Lake
39707 Big Bear Blvd.
Big Bear Lake, CA 92315
Dear Frank A. Rush, Jr.:
RE: Big Bear Lake 6th Cycle (2021-2029) Adopted Housing Element Thank you for submitting the City of Big Bear Lake’s (City) housing element adopted December 6, 2021 and received for review on December 13, 2021. Pursuant to Government Code section 65585, subdivision (h), the California Department of Housing and Community Development (HCD) is reporting the results of its review.
The adopted housing element addresses some statutory requirements described in HCD’s September 30, 2021 letter; however, additional revisions are necessary to fully comply with State Housing Element Law (Article 10.6 of the Gov. Code), see enclosed Appendix. The element will meet the statutory requirements of State Housing Element Law once it has been revised and re-adopted to comply with the above requirements.
For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), if a local government fails to adopt a compliant housing element within 120 days of the statutory deadline (October 15, 2021), then any rezoning to accommodate the regional housing needs allocation (RHNA), including for lower-income households, shall be completed no later than one year from the statutory deadline. Otherwise, the local government’s housing element will no longer comply with State Housing Element Law, and HCD may revoke its finding of substantial compliance pursuant to Government Code section 65585, subdivision (i).
For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the City to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at:
http://opr.ca.gov/docs/OPR_Appendix_C_final.pdf and
http://opr.ca.gov/docs/Final_6.26.15.pdf.
March 11, 2022
Frank A. Rush, Jr., City Manager
Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City meets housing element requirements for these and other funding sources.
HCD is committed to assisting the City in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact Divya Sen, of our staff, at [email protected].
Sincerely,
Melinda Coy
Senior Housing Accountability Manager
Enclosure
Big Bear Lake 6th Cycle Adopted Housing Element Page 3
March 11, 2022
APPENDIX
CITY OF BIG BEAR LAKE
The following changes are necessary to bring the City’s housing element into compliance with Article 10.6 of the Government Code. Accompanying each recommended change, we cite the supporting section of the Government Code.
Housing element technical assistance information is available on HCD’s website at http://www.hcd.ca.gov/community-development/housing-element/housing-element-memos.shtml.
Among other resources, the housing element section contains HCD’s latest technical assistance tool, Building Blocks for Effective Housing Elements (Building Blocks), available at http://www.hcd.ca.gov/community-development/building-blocks/index.shtml and includes the Government Code addressing State Housing Element Law and other resources.
A. Review and Revision
Review the previous element to evaluate the appropriateness, effectiveness, and progress in implementation, and reflect the results of this review in the revised element. (Gov. Code, § 65588 (a) and (b).)
The element did not address this finding. While the element includes some updated program information related to two special needs programs, it did not evaluate the effectiveness of goals, policies, and related actions in meeting the housing needs of special needs populations (e.g., elderly, persons with disabilities, large households, female-headed households, farmworkers and persons experiencing homelessness).
B. Housing Needs, Resources, and Constraints
1. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in the jurisdiction (Gov. Code, § 65583, subd. (c)(10)(A)) Enforcement and Outreach: While the element includes fair housing outreach and issues identified by the public (p. V-17), it should also describe fair housing services.
The element must include a description of fair housing enforcement and outreach capacity as it relates to the ability of the City and fair housing entities to disseminate information related to fair housing.
Integration and Segregation: While the element includes some data on racial groups and persons with disabilities (p. V-18) at the local level, it must include a complete analysis of segregation and integration on race, familial status, income, and persons with disabilities locally and regionally complemented by data and concluding with a summary of issues. The element must discuss and analyze this data for trends over time and include local and regionally data and knowledge to in this analysis.
Racial/Ethnic Areas of Concentration of Poverty: The element includes some data and analysis on R/ECAP (p. V-18) but no regional data or analysis on concentrated areas Big Bear Lake 6th Cycle Adopted Housing Element Page 4
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of affluence. The element should also be revised to include local and regional data on R/ECAP and areas of affluence and analyze this data for trends and patterns.
Access to Opportunity: While the element includes a general analysis of access to opportunity (p. V-19), a complete analysis should include the locally and regional disparities of the educational, environmental, transportation, and economic scores through local, federal, and/or state data. Please refer to page 35 of the affirmatively furthering fair housing (AFFH) guidebook https://www.hcd.ca.gov/communitydevelopment/affh/index.shtml#guidance for specific factors that should be considered when analyzing access to opportunities as it pertains to educational, employment, environmental, transportation, and any factors that are unique to Big Bear Lake.
Disproportionate Housing Needs and Displacement Risk: The element includes some local data and analysis on displacement (p. V-19) but should also include analysis at a local and regional level for cost-burdened, overcrowded households, substandard housing, homelessness, and displacement. In addition, the analysis must address patterns and trends, and other local knowledge.
Local Data and Knowledge, and Other Relevant Factors: The element does not address this requirement. The element must include local data, knowledge, and other relevant factors to discuss and analyze any unique attributes about the City related to fair housing issues. The element should complement federal, state, and regional data with local data and knowledge where appropriate to capture emerging trends and issues, including utilizing knowledge from local and regional advocates and service providers. Also, the element must include other relevant factors that contribute to fair housing issues in the jurisdiction. For instance, the element can analyze historical land use and investment practices or other information and demographic trends.
Contributing Factors to Fair Housing Issues: The element identifies contributing factors to fair housing issues (p. V-19) but should prioritize factors and identify contributing factors from the analysis also. Contributing factors create, contribute to, perpetuate, or increase the severity of fair housing issues and are fundamental to adequate goals and actions. Examples include community opposition to affordable housing, housing discrimination, land use and zoning laws, lack of regional cooperation, location and type or lack of affordable housing and lack of public or private investment in areas of opportunity or affordable housing choices. The analysis shall result in strategic approaches to inform and connect goals and actions to mitigate contributing factors to affordable housing.
Site Inventory: The element must include an analysis demonstrating whether sites identified to meet the Regional Housing Needs Allocation (RHNA) are distributed throughout the community in a manner with AFFH. A full analysis should address the income categories of identified sites with respect to location, the number of sites and units by all income groups and how that effects the existing patterns for all components of the assessment of fair housing (e.g., segregation and integration, access to opportunity). The element should also discuss whether the distribution of sites improves or exacerbates conditions. If sites exacerbate conditions, the element should identify further program actions that will be taken to mitigate this (e.g., anti-displacement strategies).
Big Bear Lake 6th Cycle Adopted Housing Element Page 5
March 11, 2022
Goals, Priorities, Metrics, and Milestones: Goals and actions must create meaningful impact to overcome contributing factors to fair housing issues. Currently, programs are not sufficient to facilitate meaningful change and address AFFH requirements. Based on the outcomes of a complete analysis, the element must be revised to add or modify goals and actions. Goals and actions must specifically respond to the analysis and to the identified and prioritized contributing factors to fair housing issues and must be significant and meaningful enough to overcome identified patterns and trends. Actions must have metrics and milestones as appropriate and address housing mobility enhancement, new housing choices and affordability in high opportunity areas, placebased strategies for community preservation and revitalization and displacement protection.
2. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov. Code, § 65583, subd. (a)(3).)
Zoning for Lower-Income Households: The element did not address this requirement.
In communication with the City, it is HCD’s understanding that sites listed in Table B-4 (p. B-6), which has a density of 20 units/acre is permitted on all of these parcels regardless of whether individual parcels are larger or smaller than two acres. However, the element still states the allowable density for multi-family projects is either 12 or 20 units per acre depending on parcel size and parcels smaller than two acres allow a density of 12 units/acre while larger parcels of at least two acres allow a density of 20 units/acre (p. B-2). The element must either be updated to be consistent with this information or provide the analysis described in HCD’s September 30, 2021 review.
3. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures. The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Government Code section 65584 and from meeting the need for housing for persons with disabilities, supportive housing, transitional housing, and emergency shelters identified pursuant to paragraph (7). Transitional housing and supportive housing shall be considered a residential use of property, and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. (Gov. Code, § 65583, subd. (a)(5).)
Land-Use Controls: While the element clarified R-3 zone allows 12 to 20 units per acre for lots of at least two acres (p.V-1), it must analyze the two-acre requirement as a constraint to achieve the capacities assumed in the inventory. Furthermore, the element must identify and analyze all relevant land-use controls impacts as potential Big Bear Lake 6th Cycle Adopted Housing Element Page 6
March 11, 2022
constraints on a variety of housing types. The analysis should analyze land-use controls independently and cumulatively with other land-use controls. The analysis should address any impacts on cost, supply, housing choice, affordability, timing, approval certainty and ability to achieve maximum densities and include programs to address identified constraints
Constraints on Housing for Persons with Disabilities: While the element includes Program H6-B to create reasonable accommodation procedures, the element still states that residential care facilitates serving seven or more persons is subject to a conditional use permit (CUP) while facilities serving six or few persons are allowed by right in all zones that allow residential uses. The element should analyze the process as a potential constraint on housing for persons with disabilities and add or modify programs as appropriate to ensure zoning permits group homes objectively with approval certainty.
4. An 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 land, the cost of construction, the requests to develop housing at densities below those anticipated in the analysis required by subdivision (c) of Government Code section 65583.2, and the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a locality’s share of the regional housing need in accordance with Government Code section 65584. The analysis shall also demonstrate local efforts to remove nongovernmental constraints that create a gap between the locality’s planning for the development of housing for all income levels and the construction of that housing. (Gov. Code, § 65583, subd. (a)(6).)
Developed Densities and Permit Times: The element did not address this requirement.
The element must be revised to include analysis of requests to develop housing at densities below those anticipated, and the length of time between receiving approval for a housing development and submittal of an application for building permits that potentially hinder the construction of a locality’s share of the regional housing need.
The element must also include a description of any program(s) that mitigate nongovernmental constraints that create a gap in the jurisdictions ability to meet RHNA by income category (Gov. Code, § 65583.2, subd. (c)(3).).
5. Analyze any special housing needs such as elderly; persons with disabilities, including a developmental disability; large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter. (Gov. Code, § 65583, subd. (a)(7).)
The element did not address this requirement. While the element quantifies the City’s special needs populations, it must also analyze their special housing needs. For a complete analysis of each population group, the element should discuss challenges faced by the population, the existing resources to meet those needs (e.g., availability of senior housing units, number of large units, number of deed restricted units, etc.), an Big Bear Lake 6th Cycle Adopted Housing Element Page 7
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assessment of any gaps in resources, and proposed policies, programs, and funding to help address those gaps.
6. Analyze existing assisted housing developments that are eligible to change to non-lowincome housing uses during the next 10 years due to termination of subsidy contracts, mortgage prepayment, or expiration of use restrictions. (Gov. Code, § 65583, subd. (a)(9) through 65583(a)(9)(D).).
While the element identifies the Mountain Meadows Senior Housing as at-risk, it should also include information relating to the project address and the type of government assistance received.
C. Housing Programs
1. Include a program which sets forth a schedule of actions during the planning period, each with a timeline for implementation, which may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the 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, the provision of regulatory concessions and incentives, and the utilization of appropriate federal and state financing and subsidy programs when available. The program shall include an identification of the agencies and officials responsible for the implementation of the various actions. (Gov. Code, § 65583, subd. (c).)
To address the program requirements of Government Code section 65583, subdivision (c)(1-6), and to facilitate implementation, programs should include: (1) a description of the City’s specific role in implementation; (2) definitive implementation timelines; (3) objectives, quantified where appropriate; and (4) identification of responsible agencies and officials. Programs that still require revision include the following:
• Program H2-C (First-Time Homebuyer Program) and Program H2-D (Affordable Housing Programs): Provide information on how and when information will be disseminated and quantify the number of households expected to be assisted by these programs.
• Program H4-B (Housing Repair and Rehabilitation Program): Quantify the number of homeowners that will be assisted by this program. • Program H5-1 (AFFH): Describe when the website updates will occur.
2. Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Government Code section 65584.09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built Big Bear Lake 6th Cycle Adopted Housing Element Page 8
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housing, mobilehomes, housing for agricultural employees, supportive housing, singleroom occupancy units, emergency shelters, and transitional housing. (Gov. Code, § 65583, subd. (c)(1).)
As noted in Finding B2, the element does not include a complete site analysis, therefore, the adequacy of sites and zoning were not established. Based on the results of a complete sites inventory and analysis, the City may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types.
3. Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. (Gov. Code, § 65583, subd. (c)(3).) As noted in Findings B3 the element requires a complete analysis of potential governmental constraints. Depending upon the results of that analysis, the City may need to revise or add programs and address and remove or mitigate any identified constraints.
4. Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law. (Gov. Code, § 65583, subd. (c)(5).)
As noted in Finding B1, the element must include a complete analysis of AFFH. Based on the outcomes of that analysis, the element must add or modify programs.
D. Public Participation
Local governments 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 element shall describe this effort. (Gov. Code, § 65583, subd.(c)(9).) While the element includes some updated information on public participation (p. Appendix C), the element must still describe how all economic segments were involved, specifically lower-income households and special needs group. The element could describe the efforts to circulate the housing element among low- and moderate-income households and organizations that represent them and to involve such groups and persons in the element throughout the process. In addition, the element should also summarize the public comments and describe how they were considered and incorporated into the element.
ATTACHMENT 2
1 Housing-Related State Laws and Proposed Code Amendments Big Bear Lake
3/29/2022
Topic/
Housing Element Program
Municipal Code
Sec. State Requirements Proposed Revision
Adequate Sites to
Accommodate the RHNA
(Program H1-A & H1-B)
Chapter 17.25 Cities are required to demonstrate that zoning provides sufficient capacity to accommodate the RHNA allocation.
The proposed amendment will create a new Multiple Family Zone with a minimum density of 20 units/acre and a maximum density of at least 24 units/acre.
Affordable Housing Incentives
(Program H2-G)
Chapter 17.25 The City must incentivize affordable housing development on vacant sites identified in prior planning periods by allowing byright approval for developments that include at least 20% of units affordable to lower-income households.
Government Code § 65583.2(c)
(This duplicates other by-right approval requirements for the R4 parcels)
Emergency Shelters & Low
Barrier Navigation Centers
(Program H3-B)
Chapter 17.25 Emergency shelters. State law [Govt Code 65583(a)(4)] was amended in 2019 (AB 139) to limit parking requirements for emergency shelters to sufficient parking to accommodate all staff working in the emergency shelter, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone.
Low Barrier Navigation Centers. AB 101 (2019) requires
qualifying facilities to be permitted by-right in areas zoned for mixed use and nonresidential zones permitting multifamily uses [Govt Code 65660 et seq.]
Revise parking requirements for emergency shelters.
Add regulations for low barrier navigation centers
Transitional and Supportive
Housing
(Program H3-C)
Chapter 17.03 and
Chapter 17.25
State law [Govt Code 65583(c)(3)] requires that cities allow transitional and supportive housing as residential uses subject only to the same standards and procedures as apply to other residential dwellings of the same type in the same zone.
AB 2162 (effective 1/1/2019) requires that supportive housing be considered a use by-right in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses, if the proposed development meets specified criteria for affordability, long-term deed restrictions, use providing supportive services and other design requirements (Govt Code 65584(c)(3)).
Update definitions for transitional and supportive housing and regulations for supportive housing.
Amend regulations for supportive housing
Reasonable Accommodation
(Program H6-B)
Chapter 17.25 Fair housing law requires that cities provide reasonable accommodation to rules, policies, practices, and procedures Code amendment to establish procedures for processing
requests for reasonable accommodation in land use and
2 Topic/
Housing Element Program
Municipal Code
Sec. State Requirements Proposed Revision
where such accommodation may be necessary to afford
individuals with disabilities equal housing opportunities. While fair housing laws intend that all people have equal access to housing, the law also recognizes that people with disabilities may need extra tools to achieve equality. Reasonable
accommodation is one of the tools intended to further housing opportunities for people with disabilities. Reasonable
accommodation provides a means of requesting from the
local government flexibility in the application of land use and zoning regulations or, in some instances, even a waiver of certain restrictions or requirements because it is necessary to achieve equal access to housing. Cities are required to consider requests for accommodations related to housing for people with disabilities and provide the accommodation when it is determined to be “reasonable” based on fair housing laws and the case law interpreting the statutes. The City will process an amendment to the Municipal Code in 2022 to
establish procedures for processing requests for reasonable accommodation in land use and zoning regulations for people with disabilities in conformance with State law.
zoning regulations for people with disabilities in
conformance with State law