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Attachment 5 _ HCD Letter Dated 10.28.24

San Marino City Council
November 13, 2024

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Attachment 5 _ HCD Letter Dated 10.28.24
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November 13, 2024
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San Marino City Council
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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
October 28, 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) Revised Housing Element Thank you for submitting the City of San Marino’s (City) revised draft housing element update received for review on August 30, 2024, along with revisions received on October 22, 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. In addition, HCD considered comments from CalHDF pursuant to Government Code section 65585, subdivision (c).

The revised draft housing element meets the statutory requirements described in HCD’s July 26, 2024 review. The housing element will substantially comply with State Housing Element Law (Gov. Code, § 65580 et seq) when it is adopted, submitted to and approved by HCD, in accordance with Government Code section 65585, subdivision (g) and all rezones are completed per Government Code section 65588, subdivision (e)(4).

For your information, pursuant to Government Code section 65583.4 and 65588, subdivision (e)(4), as the City did not adopt a compliant housing element within one year of the statutory deadline (October 15, 2021), HCD cannot find the housing element in compliance until programs (e.g., Programs 1.7, 1.8, 1.9, and 1.17) to address a shortfall of capacity to accommodate the regional housing need allocation (RHNA), pursuant to Government Code sections 65583, subdivision (c)(1)(A) and 65583.2, subdivision (c) are completed. Once the City completes the program, a copy of the resolution or ordinance should be transmitted to HCD. HCD will review the documentation and issue correspondence identifying the updated status of the City’s housing element compliance.

In addition, for your information, If the element relies on nonvacant sites to accommodate 50 percent or more of the housing needs for lower-income households, requirements are triggered to make findings based on substantial evidence (as part of adoption) that the existing use is not an impediment and will likely discontinue in the planning period.

Attachment 5
Isidro Figueroa, Community Development Director

Page 2 ends

For your information, pursuant to Government Code section 65583.3, subdivision (b), the City must utilize standards, forms, and definitions adopted by HCD when preparing the sites inventory and submit an electronic version of the sites inventory. While the City has submitted an electronic version of the sites inventory, if changes occur, any future re-adopted versions of the element must also submit the electronic version of the sites inventory.

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 must continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available while 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 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.

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.

HCD appreciates the hard work and dedication the City of San Marino provided in preparation of the City’s housing element and looks forward to receiving the City’s adopted housing element. 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

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