City of
Los Alamitos
February 23,2023
Presentation
Overview
▪ Background & Overview on the State of California’s
Housing Element/Regional Housing Needs Assessment
(RHNA)
▪ Steps taken to Combat the State’s RHNA Allocations
▪ Process for the Development of the Housing Element
▪ Consequences of Failing to Adopt a State Approved
Housing Element
Background &
Overview of the
State’s Housing
Element/RHNA
Process
Every 8 years, each city in California is required to
update the Housing Element portion of their General
Plan. As a part of this process, State Law requires all cities to designate sites that can potentially be
developed for future housing.
This process is not new. Since 1969, the State has
required all local governments to create plans to meet
the State’s housing needs. This is a process commonly
referred to as the Regional Housing Needs Assessment
or RHNA.
Each RHNA cycle begins with population projections
from the State’s Finance Department. These are then
processed by the State’s Housing & Community
Development Department to estimate the number of
housing units required to meet California’s needs.
Background &
Overview of the
State’s Housing
Element/RHNA
Process
Once these numbers are determined, they are
apportioned to the different State planning regions
throughout California. Los Alamitos is part of Southern California region know as Southern California
Association of Governments (SCAG). The State’s
housing methodology is then applied to assign each
jurisdiction within the planning area, their RHNA
numbers for the current housing cycle.
Under this mandate the City of Los Alamitos was
assigned & is required to plan for 769 new housing
units for the 2021-2029 State RHNA cycle. By way of
comparison, in the previous RHNA cycle, Los Alamitos
was allocated 61 housing units.
Background &
Overview of the
State’s Housing
Element/RHNA
Process
The jump from planning for 61 housing units to 769 is
staggering and represents a 1,160% increase over the
previous planning cycle. This increase was made
possible due to a number of factors including:
• Increases in the population projections generated by
the State’s Department Finance
• Policy decisions made by the State’s Housing &
Community Development Department
• Housing Reform Legislation that removes barriers to
develop more housing, such as Senate Bill 9 and
Senate Bill 10, and the Housing Crisis Act of 2019.
Steps Taken to
Combat the
Current RHNA
Allocations
Since the release of these numbers, the City of Los
Alamitos has been on the forefront or a party to every
fight aimed at have these numbers reduced or
eliminated:
• Appealed allocated number to SCAG
• Joined the majority of Orange County Cities in
opposing the certification of the methodology and
final allocations
• Supported several legal suits aimed at having the
calculations over-turned
• Joined petitioned for new legislation that would
invalidate the current RHNA process and force a
recalculation and allocation of housing units
• Secured the support of all of the City’s State
Representatives in fighting any measure that would
further erode local control
Background &
Overview of
the Housing
Element/RHNA
Process
This State Law and is being applied to all California cities.
Background &
Overview of
the Housing
Element/RHNA
Process
Los Alamitos
Regional Housing Needs Allocation
2021–2029
Extremely
Low Income
Very-low
Income1
Low
Income
Moderate
Income
AboveModerate
Income
Total
Allocation
Housing
Units 97 97 119 145 311 769
Notes:
1Although not provided in the RHNA, state law requires cities to plan for units to accommodate extremely low income, which can be estimated at 50% of very-low income, or 97 units.
Background &
Overview of the
State’s Housing
Element/RHNA
Process
Who qualifies for Affordable Housing?
Background &
Overview of the
State’s Housing
Element/RHNA
Process
Who falls into the category of making between
$47,000 to $142,000 annual & would potentially
qualify for affordable housing units?
• School Teachers
• Seniors
• Librarians
• Police Officers
• Veterinarian Assistants
• Young Professionals
• Pharmacy Technicians
• Administrative Assistants
• First Responders
• Military (Active/Retired)
• Adult Children of current Residents
Timeline &
Process for
Developing the
Housing
Element
Timeline &
Process for
Developing the
Housing
Element
• Wherever possible, do not substantially change the City’s Policy framework. Try to maintain the City’s overall look and feel
• Wherever possible, attempt to avoid rezoning that would displace current residents or businesses
• To the extent possible, look for development opportunities where the addition of units may serve as a catalyst for future commercial growth
• Look to spread required units throughout the City. Avoid single solution sites while maintaining development
balance
• Wherever possible, promote Accessory Dwelling Units
(ADU) & Junior Accessory Dwelling Units (JADU)
Timeline &
Process for
Developing the
Housing
Element
(MAP OF CITY & POSSIBLE DEVELOPMENT SITES)
Timeline &
Process for
Developing the
Housing
Element
• Review of the RHNA regulations, as well as direction & comments from HCD. , significantly reduced number of
sites acceptable to State.
• State Housing Element Law, Article 10.6 of the Gov. Code - realistic & demonstrated potential for redevelopment
during planning period
• Gov. Code, § 65583, subd. (c)(3) - remove governmental & nongovernmental constraints to the maintenance,
improvement, and development of housing, including
housing for all income levels & housing for persons with disabilities
Timeline &
Process for
Developing the
Housing
Element
• Could not use sites identified in earlier Housing
Elements, significantly reduced number of sites
acceptable to State.
• Military Base could not be subtracted from our City’s size calculation, & could not be used for RHNA sites.
• Removal of potential sites where the Property owners
asked their properties not to be included or
considered.
• Sites had to be feasible to be developed during the
current RHNA cycle.
• Underlying documents, leases or land holds, that
would prohibit the property from being developed
within the current RHNA cycle.
State Revised
& Approved
Inventory
Sites
8 TCMU7
10 11
9 6
State Revised
& Approved
Inventory
Sites
State Revised
& Approved
Inventory
Sites
Consequences of
Failing to Adopt a
State Approved
Housing Element
• Fines Imposed by the State
If a city is out of compliance, it is subject to an escalating fine structure that reaches up to $100,000 per month
(Cal. Gov. Code 65585(1))
• State Disqualifies the City from Receiving Funding
The City would no longer be eligible for variety of State funds including certain bonds, grants, and loans.
Consequences of
Failing to Adopt a
State Approved
Housing Element
• The State Can Mandate Compliance
The Courts can issue an order requiring a City to bring the Housing Element into compliance with State law.
(Cal. Gov. 65585(1)(3)(8))
• State Moratorium On All Permits
State Courts may issue a moratorium on all permits in
the City until the Housing Element is certified by the
State. (Cal. Gov. Code 65755 (a))
Consequences of
Failing to Adopt a
State Approved
Housing Element
• Suspension of Local Land Use Powers
If the City does not adopt a State Approved Housing
Element, the City will be required to approve high
density housing projects, set aside for either 20% lower income or 100% middle income residents, on sites where
multi-family housing is not otherwise allowed under the City’s General Plan or Zoning Code. Known as the
“Builder’s Remedy” this would suspend the City’s
authority over land use decisions, including the ability to regulate:
• Density or Number of Units Per Projects
• Building Height, Size, or Aesthetic Standards
• Installation of Needed Traffic Controls
• Sound or Light Mitigation Standards
• Open Space or Park Land Requirements
Consequences of
Failing to Adopt a
State Approved
Housing Element
• Suspension of Local Land Use Powers
Developers have already begun to use this as a tactic to get higher density project approved without having to go through the local planning process.
Lennar defies La Habra’s Measure X, files what
could be ‘builder’s remedy’ application
The homebuilder’s plan for 530 homes on a hillside golf course could bypass city review because La Habra failed to adopt a state-approved housing plan.
From the Orange County Register (January 27, 2023)
Developers propose 576 homes in Orange
Resident concede their city can do little to stop two “builder’s remedy” projects that violate zoning riles because it has yet to adopt a state-approved housing plan.
From the Orange County Register (Feb 9, 2023)
Consequences of
Failing to Adopt a
State Approved
Housing Element
• State Suspension of Local Land Use Powers
Developers have already begun to use this as a tactic to get higher density project approved without having to go through the local planning process.
In addition to La Habra and Orange, developers have
recently filed 20 other “builder’s remedy” applications in 5 Southern California cities. All told, theses proposals call for the development of 8,240 new homes, nearly 1,700
of them affordable to low-income households. All of
which will be processed without any local control.
City of
Los Alamitos
February 23,2023