2021-2029
Housing
Element Update
City Council Public Hearing:
March 21, 2023
Housing Element Update
•Two main components:
Housing Element
• Policy and planning document
• Mandated element of the General Plan
Implementation Actions
• Accommodates the City’s plan for housing
through zoning (i.e. – RHNA)
• Affordable Housing Overlay
BOTH MUST BE COMPLETED IN ORDER
TO OBTAIN HCD CERTIFICATION
• City has not obtained a certified Housing Element and is currently out of compliance with Housing Element law
• HCD has commenced enforcement pursuant to AB 72
• HCD must offer the City two technical assistance meetings • 1st meeting occurred virtually on March 8, 2023
• 2nd meeting is currently being scheduled
• Next step: HCD may refer the City to the State Attorney General (AG) for further action
HCD Enforcement
A court can fine jurisdictions up to $100,000 per month, and if they are not paid, multiply that by a factor of six. Under this scenario the court imposed fine could total $600,000 per month for each month of non-compliance.
Consequences of Failing to Obtain HCD Certification
Cities with noncompliant housing elements are vulnerable to litigation from housing rights’ organization, developers, individuals, and HCD. Potential consequences of lawsuits include: mandatory compliance within 120 days, suspension of local ability to issue building permits, and court approval of housing developments.
Courts have authority to take over cities’ ability to
issue residential and nonresidential permits until the City‘s General Plan and housing element is in
compliance with State Law. Orange County
examples of this enforcement power include
Emergency Shelter Coalition v City of San Clemente
(2007) and Mejia v City of Mission Viejo (2006).
Courts may appoint an agent with all powers
necessary to remedy identified housing element
deficiencies and bring the cities housing element
into substantial compliance with housing element
law.
Housing Element Status
• 11/16/22 – Planning Commission recommended approval to the City Council
Housing Element Update
Affordable Housing Overlay
Environmental Impact Report
• 11/29/22 – City Council continued to special meeting on 12/8/22 with public hearing open
• 12/6/22 – City Council cancelled 12/8/22 special meeting • 1/17/23 – City Council Study Session with feedback to staff regarding a preference to initially zone for RHNA requirements only rather than zoning for the RHNA plus a buffer
Regional Housing Needs
• RHNA = Regional Housing Needs Allocation
• Initiates the Housing Element Update process
• Quantifies housing needs, by income category, within each County and City in the SCAG region
• City went through lengthy appeal process with
SCAG and was ultimately denied
State
• HCD
• Regional
determination
SCAG
• Southern
California
Association of
Governments
Huntington Beach
• HB is one of
191 cities & 6
counties that
make up SCAG
HE Goal 2 Provide
adequate sites to
accommodate
projected housing unit
needs at all income
levels identified by the
RHNA.
2021 – 2029 Huntington Beach RHNA
Income Category % of Median Family
Income
2022 Annual Income
Range
RHNA Allocation
(Housing Units)
Min. Max.
Very Low Income 0 - 50% MFI -- $67,750 3,661 units
Low Income 51 – 80% MFI $67,751 $108,400 2,184 units
Moderate Income 81 – 120% MFI $108,401 $142,900 2,308 units Above Moderate Income >120% MFI $142,901 >$142,901 5,215 units Total: 13,368 units
Above Mod
39%
Mod
17%
Lower
Income
(VL + Low)
44%
Total RHNA Strategy Including Buffer Sites
Very Low
Income
Units
Low
Income
Units
Moderate
Income
Units
Above
Moderate
Income
Units
Total Units
RHNA Target 3,661 2,184 2,308 5,215 13,368
Approved/Pending
Projects 17 285 82 1,371 1,755
ADU 307 170 10 487
Hotel/Motel Conversion 415 0 0 415
Housing Element Sites
Inventory - Affordable
Housing Overlays
5,420 2,581 9,541 17,542
Total 6,444 2,833 10,922 20,199
RHNA Met? YES YES YES YES
RHNA Sites (Zoning Overlays Applied Concurrently
w/HE Adoption)
Very Low
Income
Units
Low
Income
Units
Moderate
Income
Units
Above
Moderate
Income
Units
Total Units
RHNA Target 3,661 2,184 2,308 5,215 13,368
Approved/Pending
Projects 17 285 82 1,371 1,755
ADU 307 170 10 487
Hotel/Motel Conversion 415 0 0 415
City Owned sites
(LBNC Sites) 126 0 0 126
Affordable Housing
Overlays 4,720 2,062 3,848 10,630
Total 5,870 2,314 5,229 13,413
Adequate Sites Summary
Identified sites to accommodate the RHNA primarily:
1. Proposed expansion of existing Affordable Housing Overlay within Beach and Edinger Corridor Specific Plan (SP 14)
2. Proposed Mixed Density Affordable Housing Overlay primarily located:
• Industrial and oil-related properties at Goldenwest St. & Garfield Ave (SP9), south side of Garfield (AHO – 70 du/ac)
• Industrial and oil-related properties at Goldenwest St. & Garfield Ave (SP9), north side of Garfield (RH – 30 du/ac)
3. Six non-specific plan sites
• Four CG zoned sites abutting BECSP and residential zoning • Two sites with expressed developer interest
• CG site at NWC Warner/Magnolia (existing office uses) • RMH site at SWC Warner/Goldenwest (existing apartment complex)
BECSP Affordable Housing
Overlay (ZTA No. 22-009)
Housing Element identifies sites
due to potential for development
during the planning period
• Residential zoning and
capacity already in place
• Underutilized commercial
• Potential lot consolidation
• Access to services, jobs,
freeway
• Expands existing Affordable
Housing Overlay in BECSP
• No changes to existing
BECSP standards
Edinger
Beach
Beach
Beach
Slater
Yorktown
Adams
Ellis
Affordable Housing Overlay (ZTA No. 22-
008 & ZMA No. 22-001)
• Properties retain base land use & zoning
• Establishes new Overlay zoning district in HBZSO (Chapter 229)
• Max. 70 du/ac
• Capacity assumptions based on 56 du/ac
• Standards allow for development at proposed density per state law
• 4 story building height
• Must provide 20% low income on site
• Sunsets at end of 6th cycle
Mixed Density Affordable Housing Overlay Holly Seacliff Specific Plan (ZTA No. 22-007)
Existing Zoning: SP9 – I
Proposed Zoning: SP9 – I with Affordable
Housing Overlay & SP – I with RH Overlay
Divide the Overlay into two areas:
• Area A = north of Garfield Ave.; RH Overlay (max
35 du/ac)
• Area B = south of Garfield Ave.; Affordable Housing
Overlay (max 70 du/ac)
• Sites 393 & 394 removed by the Planning
Commission
• Least potential for interruption of existing businesses • Portions of overlay area under single ownership
• Access to services, jobs, retail, schools, parks, arterial • Underutilized properties/ Potential for lot consolidation • HBZSO RH standards – Area A; Ch. 229 Affordable
Housing Overlay standards – Area B
Draft Subsequent Program EIR &
Significant and Unavoidable Impacts
• Impacts – EIR analyzes 15 topical impact areas
• In CEQA terms, impacts categorized as:
• No impact
• Less than significant
• Less than significant with incorporation of mitigation measures • Potentially significant
• Significant and Unavoidable
• Significant and Unavoidable Impacts
• Air Quality
• Greenhouse Gas Emissions
• Hydrology and Water Quality
• Noise
• Utilities and Service Systems
Final Subsequent Program EIR &
Statement of Overriding Considerations
• Final Subsequent Program EIR includes:
• Draft EIR
• Comments on the Draft SEIR
• Responses to comments on the Draft SEIR
• Text changes to the Draft SEIR
• Mitigation Monitoring and Reporting Program
• Statement of Overriding Considerations
• If the lead agency determines that it is infeasible to mitigate a significant environmental impact, the agency must adopt a Statement of Overriding Considerations
• Lead agency finds that specific overriding economic, legal, social, technological, or other benefits of the project outweigh the significant effects on the environment • City Council directed the City Manager to cease processing new accessory dwelling unit (ADU) applications and SB 9 and SB 10 applications at their February 21, 2023 meeting.
• On February 22, 2023, HCD sent a Notice of Violation to the City for taking actions that are contrary to state laws regarding ADUs and SB9
• Housing Element update and RHNA strategy relies upon construction of 487 ADUs during the planning period, including to accommodate a portion of the lower income RHNA • Additional sites must be identified to accommodate the lower income RHNA if ADUs are not allowed
• Amending the Housing Element to identify additional sites would further delay adoption and certification of the Housing Element and may require additional environmental analysis • Re SB 9: The City adopted a local ordinance in 2022 to regulate SB 9 development projects; the Cit has not received any SB 9 applications • It is recommended that the City Council direct the City Manager to accept and process applications for ADUs and SB9 development projects ADUs and SB9
Recommendation
Approve the following requests:
• Direct the City Manager to accept applications and process permits for accessory dwelling units (ADUs) and SB 9 development projects
• Subsequent EIR No. 22-002 with findings of fact and statement of overriding considerations (analyze the potential environmental impacts associated with the Housing Element Update) • General Plan Amendment No. 21-003 (Housing Element Update) Implementation Actions
• General Plan Amendment No. 22-001 (General Plan Land Use Element Affordable Housing Overlay)
• Zoning Map Amendment No. 22-002 (Zoning Map Affordable Housing Overlay) • Zoning Text Amendment No. 22-008 (HBZSO Chapter 229 Affordable Housing Overlay) • Zoning Text Amendment No. 22-009 (Beach and Edinger Corridor Specific Plan Affordable Housing Overlay)
• Zoning Text Amendment No. 22-007 (Holly Seacliff Specific Plan Affordable Housing Overlay) Next Steps: If adopted, the
Housing Element will be
transmitted to HCD for
review and certification