TO:Andrew P. Powers, City Manager
FROM:Kelvin Parker, Community Development Director
DATE:May 7, 2024
SUBJECT: Housing Element Resolution Finding Revision 2018-70723-HSG RECOMMENDATION:
1. Find that the revised language in the resolution approving the 2021-2029 Housing Element Resolution is consistent with Resolution No. 2023-065, which certifies the Final Program EIR (SCH #2022060087) including a Mitigation Monitoring and Reporting Program, California Environmental Quality Act (CEQA) Findings of Fact, Statement of Overriding Considerations for the adoption of the General Plan 2045 and 2021-2029 Housing Element.
2. Adopt resolution approving the 2021-2029 Housing Element addressing the requirements of California Government Code Section 65580-65589.9 et seq. and rescinding Resolution No. 2023-066.
LEVINE ACT ITEM: No
FINANCIAL IMPACT:
No Additional Funding Requested. Minimal staff time required to prepare the report is included in the Adopted FY 2023-24 General Fund Budget.
BACKGROUND:
On December 5, 2023, City Council adopted the General Plan 2045 and the 2021- 2029 Housing Element. At that time, the State Department of Housing and Community Development (HCD) had determined that the City’s Housing Element met the statutory requirements for local adoption. However, final certification of the Housing Element was dependent on 1) completion of the Rezoning Program and 2) adoption of a code amendment pursuant to Assembly Bill (AB) 1397.
Housing Element Resolution Finding Revision 2018-70723-HSG May 7, 2024
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1 On March 19, 2024, City Council adopted a Rezoning Program consisting of the Municipal Code Amendment (MCA) for Mixed-Use zoning standards, requirements for replacement housing, and ministerial review for qualifying affordable housing projects and the accompanying Zone Change (Z) for the housing sites. On March 26, 2024, the Ordinances passed the second reading.
On April 4, 2024, the recently adopted Housing Element Ordinances from the March 26, 2024, City Council meeting, and Resolution No. 2023-066 adopting the Housing Element from the December 5, 2023, City Council meeting were submitted to HCD for review, with anticipation of receiving final certification.
DISCUSSION/ANALYSIS:
On April 15, 2024, HCD completed a review of the submitted housing element materials, and informed staff that Resolution No. 2023-066 adopting the Housing Element did not contain all the components of Government Code § 65583.2(g)(2) and would require modification. The following paragraph contains the specific language within the government code (underlined) that must be addressed in Finding No. 3.
In addition to the analysis required in paragraph (1), when a city or county is relying on nonvacant sites described in paragraph (3) of subdivision (b) to accommodate 50 percent or more of its housing need for lower income households, the methodology used to determine additional development potential shall demonstrate that the existing use identified pursuant to paragraph (3) of subdivision (b) does not constitute an impediment to additional residential development during the period covered by the housing element. An existing use shall be presumed to impede additional residential development, absent findings based on substantial evidence that the use is likely to be discontinued during the planning period.
After consultation with HCD, staff verified that the following additional language (underlined) in Finding No. 3 satisfies the requirements of Government Code § 65583.2(g)(2):
The 2021-2029 Housing Element concludes that based on substantial evidence the nonvacant sites identified in the RHNA sites inventory are suitable for residential development, and that the existing uses on the nonvacant sites do not constitute an impediment to additional residential development and are likely to be discontinued during the planning period, based on factors including continued decline of commercial uses, age and condition of existing buildings, COVID- impacted uses, and general development trends of commercial uses on nonvacant sites converting to new mixed-use and residential uses in the Mixed-Use designated areas.
Housing Element Resolution Finding Revision 2018-70723-HSG May 7, 2024
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1 Per the evidence in the Housing Element, most of the City’s projects include infill development and redevelopment of sites with existing land uses, either because the life cycle of the building has ended, existing uses on the non-vacant sites have ceased operation, or because of market conditions. Additionally, per implementation of Housing Element Program 5, policy measures were adopted to promote the development of housing in mixed-use areas, including infill housing on vacant sites. Additional incentives in the Housing Element and in the Land Use Chapter of the Thousand Oaks General Plan 2045 will ensure that the City develops standards that promote housing within the non-vacant infill mixed-use and residential areas to further ensure that existing uses do not impede development of housing within the City.
The proposed edits to the Housing Element Resolution (Attachment #1) Finding No. 3 are necessary to meet the statutory requirements of Housing Element Law and obtain final certification by HCD. Obtaining certification of the Housing Element protects the City from potential lawsuits and makes the City eligible for grant funds. This revision does not change any of the Goals and Programs of the previously adopted 2021-2029 Housing Element.
COUNCIL GOAL COMPLIANCE:
Meets the following City Council goals:
A. Create a more equitable, accessible, safe, welcoming, and inclusive government and community regardless of race, color, ethnicity, religion, sex, physical or mental ability, sexual orientation, gender identity and expression, age, language, education, and/or socio-economic status.
J. Implement high quality revitalization projects within Thousand Oaks Boulevard and Newbury Road Areas; Develop a pedestrian-oriented, viable, and self- sustaining "Downtown;” and, continue to support production of long-term affordable housing.
PREPARED BY: Iain Holt, Sr. Planner
Attachments:
Attachment #1 – Housing Element Resolution
CDD:440-20\ih\H:COMMON\City Council\CC Agenda Items\2024\05072024\Housing Element\Hsg Element Update 2018- 70723-HSG Staff Report.docx\pz (FILE ID: 2018-70723-HSG)