STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
651 Bannon Street, Suite 400
Sacramento, CA 95811
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
July 25, 2024
Isidro Figueroa, Community Development Director
City of San Marino
2200 Huntington Drive
San Marino, CA 91108
Dear Isidro Figueroa:
RE: City of San Marino’s 6th Cycle (2021-2029) Subsequent Draft Housing Element Thank you for submitting the City of San Marino’s (City) draft housing element received for review on May 29, 2024. Pursuant to Government Code section 65585, subdivision (b), the California Department of Housing and Community Development (HCD) is reporting the results of its review. Our review was facilitated by a telephone conversation with you and your consultants on July 1, 2024. In addition, HCD considered comments from CalHDF pursuant to Government Code section 65585, subdivision (c).
The draft element addresses many statutory requirements; however, revisions will be necessary to substantially comply with State Housing Element Law (Gov. Code, § 65580 et seq). The enclosed Appendix describes the revisions needed to comply with State Housing Element Law.
As a reminder, the City’s 6th cycle housing element was due October 15, 2021. As of today, the City has not completed the housing element process for the 6th cycle. The City’s 5th cycle housing element no longer satisfies statutory requirements. HCD encourages the City to revise the element as described above, adopt, and submit to HCD to regain housing element compliance.
Pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), a jurisdiction that failed to adopt a compliant housing element within one year from the statutory deadline cannot be found in compliance until rezones to accommodate a shortfall of sites pursuant to Government Code section 65583, subdivision (c), paragraph (1), subparagraph (A) and Government Code section 65583.2, subdivision (c) are completed. As this year has passed and Programs 1.7, 1.8, and 1.9 have not been completed, the housing element is out of compliance and will remain out of compliance until the rezoning have been completed.
Attachment 4
Isidro Figueroa, Community Development Director
Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City should continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available and considering and incorporating comments where appropriate. Please be aware, any revisions to the element must be posted on the local government’s website and to email a link to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting to HCD.
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 Affordable Housing and Sustainable Communities program, 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.
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:
https://www.opr.ca.gov/planning/general-plan/guidelines.html.
We are 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 Sayed Murad, of our staff, at [email protected].
Sincerely,
Melinda Coy
Proactive Housing Accountability Chief
Enclosure
City of San Marino’s 6th Cycle (2021-2029) Subsequent Draft Housing Element Page 3 July 25, 2024
APPENDIX
CITY OF SAN MARINO
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 https://www.hcd.ca.gov/planning-and-community-development/hcd-memos. Among other resources, the housing element section contains HCD’s latest technical assistance tool, Building Blocks for Effective Housing Elements (Building Blocks), available at https://www.hcd.ca.gov/planning-and-community-development/housing-elements/buildingblocks and includes the Government Code addressing State Housing Element Law and other resources.
A. 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).) Site Inventory: While the element states that sites are located throughout the community; and as entire City is high resourced and meets requirements to Affirmatiely Furthering Fair Housing (AFFH); the element must still include the required analysis to support these conclusions. For example, the analysis should discuss the magnitude of the impact including the number of units by income group relative to locations or neighborhoods within the City, including any isolation of the Regional Housing Needs Allocation (RHNA) and then address whether sites exacerbate or improve existing patterns for all components of the assessment of fair housing (e.g., segregation and integration, access to opportunity). Additionally, the element should include an analysis of multifamily opportunities available to a variety of incomes and household types.
Goals, Priorities, Metrics, and Milestones: The element must still address this finding.
Goals and actions must significantly seek to overcome contributing factors to fair housing issues. Programs generally must address enhancing housing mobility strategies; encouraging development of new affordable housing in high resource areas; improving place-based strategies to encourage community conservation and revitalization, including preservation of existing affordable housing; and protecting existing residents from displacement. Given that most of the City is considered a high and highest resource community; the element could focus on programs that enhance housing mobility and encourage development of more housing choices and affordable housing. The element should also include specific programs that assist in the development of multifamily housing opportunities for households with lower-incomes beyond the RHNA. Furthermore, the element must include metrics and milestones for evaluating progress on programs, actions, and fair housing results beyond the RHNA.
Please see HCD’s prior reviews for additional information.
City of San Marino’s 6th Cycle (2021-2029) Subsequent Draft Housing Element Page 4 July 25, 2024
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).)
Suitability of Nonvacant Sites: While the element now includes a detailed description of existing uses for nonvacant sites, this alone is not adequate to demonstrate the potential for redevelopment in the planning period. In addition, the element needs to analyze the extent that existing uses may impede additional residential development.
The element can summarize past experiences converting existing uses to higher density residential development, include current market demand for the existing use, provide analysis of existing leases or contracts that would perpetuate the existing use or prevent additional residential development, include statements of owner interest in redevelopment, include current information on development trends and market conditions in the City and relate those trends to the sites identified, and discuss the availability of financial or other incentives. While the element includes some discussion of development trends for mixed use sites, these examples come from outside the community in jurisdiction permitting densities (56-68 du/ac) far greater than those allowed under the city’s proposed Mixed-Use (MU) Zone (20-30 du/ac). The element could also consider indicators such as age and condition of the existing structure expressed developer interest, low improvement to land value ratio, and other factors.
In addition, the housing element relies upon nonvacant sites to accommodate more than 50 percent of the RHNA for lower-income households. Please be aware absent findings (e.g., adoption resolution) based on substantial evidence that uses are likely to discontinue within the planning period, the existing uses will be presumed to impede additional residential development and will not be utilized toward demonstrating adequate sites to accommodate the RHNA. HCD is not aware that the City has made the appropriate finding. Any future re-adoption of the housing element must include the appropriate finding as part of the adoption resolution.
The element has identified a portion of Southwestern Academy as an opportunity site.
HCD has received public comments from Southwestern Academy, dated July 28, 2021, indicating that they will not be using any portion of their property toward residential development. The element must consider and address public comments as part of the analysis. Based on a complete analysis, the element may need to remove or revise the inclusion of this property in the inventory.
Accessory Dwelling Units (ADU): In response to HCD’s prior review, the element now includes some additional information on ADU trends. However, this data still does not support an assumption of 58 ADUs annually given historical averages of 16 units per year since 2019. The element should be revised to include updated permit information for 2023 and 2024 to support the City’s ADU assumptions or adjust projections to a lesser number of ADUs. The element should also include further policies and programs that incentivize the production of ADUs. In addition, the element must still add a program to amend the City’s ADU ordinance upon HCD’s review, if necessary, within six months.
City of San Marino’s 6th Cycle (2021-2029) Subsequent Draft Housing Element Page 5 July 25, 2024
Electronic Sites Inventory: While the City submitted an electronic sites inventory, it was not prepared with standards, forms, and definitions adopted by HCD. Please see HCD’s housing element webpage at https://www.hcd.ca.gov/community-development/housingelement/index.shtml for a copy of the form and instructions. The City can reach out to HCD at [email protected] for technical assistance.
Zoning for a Variety of Housing Types:
• Emergency Shelters: The element includes an updated discussion of the development standards and suitability of the C-1 zone. However, the element must still analyze the ten-bed limit and parking standards for every five (5) beds or one parking space for each bedroom designated for families with children, as potential constraints.
• Low Barrier Navigation Centers: The element was revised to include Program
3.7, which will allow for Low Barrier Navigation Centers to be permitted by-right in the C-1 zone. However, it must allow Low Barrier Navigation Centers as a byright use in all zones where multifamily and mixed use are permitted, including the H&C zone.
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).
Processing and Permit Procedures: The element newly introduces multifamily zones to the city and describes their development standards and anticipated densities. It should also describe the processing procedures for a multifamily development. The analysis should address the approval body, the number of public hearing if any, approval findings and any other relevant information. The analysis should address impacts on housing cost, supply, timing, and approval certainty. For example, the element should identify and analyze approval findings for impacts on approval certainty, the presence of processes or guidelines to promote certainty and add or modify programs as appropriate.
Finally, the element should address public comments and discuss compliance with the Permit Streamlining Act and intersections with the California Environmental Quality Act (CEQA) and timing requirements, including streamlining determinations and add or modify programs as appropriate.
City of San Marino’s 6th Cycle (2021-2029) Subsequent Draft Housing Element Page 6 July 25, 2024
Design Review: The element must describe and analyze the design review guidelines and process, including approval procedures and decision-making criteria, for their impact as potential constraints on housing supply and affordability. For example, the analysis could describe required findings and discuss whether objective standards and guidelines improve development certainty and mitigate cost impacts. The element must demonstrate this process is not a constraint or it must include a program to address this permitting requirement, as appropriate. Additionally, the element should discuss the typical review process for
Constraints on Housing for Persons with Disabilities: The element identifies approval processes for granting a reasonable accommodation as the procedures prescribed for a conditional use permit (CUP). However, reasonable accommodation should be a unique exception process from a CUP, especially given its importance in addressing barriers to housing for persons with disabilities. The element should include a program to amend the Reasonable Accommodation Ordinance and remove constraints, namely the use of a discretionary review by the planning commission.
In addition, group homes for seven or more persons appears to be excluded from several zones allowing residential uses. Program 3.8 should commit (regardless of licensing) to permit group homes for seven or more persons in all zones allowing residential uses similar to other residential uses of the same type in the same zone.
Finally, the element should clarify if non-licensed residential care facilities serving six or fewer persons are permitted by-right in the R-1 zone.
4. 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).)
General: 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 (availability senior housing units, number of large units, number of deed restricted units, number of persons in poverty, etc.,), an assessment of any gaps in resources, and proposed policies, programs, and funding to help address those gaps.
Persons with Developmental Disabilities: While the element now includes a quantification of persons with developmental disabilities, it must still include a discussion of housing needs and existing resources.
B. 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 City of San Marino’s 6th Cycle (2021-2029) Subsequent Draft Housing Element Page 7 July 25, 2024
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.
As stated in the prior review, programs must be revised to demonstrate that they will have a beneficial impact within the planning period. Beneficial impact means specific commitment to deliverables, measurable metrics or objectives, definitive deadlines, dates, or benchmarks for implementation. Programs containing unclear language (e.g., “Evaluate”; “Consider”; “Encourage”; etc.) should be amended to include more specific and measurable actions. Programs with unclear language that should be assessed include Programs 1.2, 1.3, and 3.5.
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 housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing. (Gov. Code, § 65583, subd. (c)(1).)
As noted in Finding A2, 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. In addition, the element should be revised as follows:
City-Owned Sites: The element identified City-Owned sites to accommodate a portion of the RHNA. The element should revise Program 1.14 with numerical objectives that ensure compliance with the Surplus Land Act, provide incentives and actions along with a schedule to facilitate development of City-Owned sites. Actions should include outreach with developers, issuing requests for proposals, incentives, fee waivers, priority processing and financial assistance.
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 City of San Marino’s 6th Cycle (2021-2029) Subsequent Draft Housing Element Page 8 July 25, 2024
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 A3, 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 A1, the element must include a complete analysis of AFFH. The element must be revised to add goals and actions based on the outcomes of a complete analysis.