City of Culver City, California
Agenda Item Report
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RECOMMENDATION:
Staff recommends the City Council and Planning Commission review and discuss
the recommended revisions to the 2009 Draft Housing Element in response to the
California Department of Housing and Community Development (State HCD)
comments and authorize the submission of the revised 2009 Draft Housing Element
to State HCD for its 60-day review as required by State law.
INTRODUCTION:
The Housing Element is one of nine elements comprising the City of Culver City’s
General Plan. The General Plan is a comprehensive, long term plan for the physical
development of the City. The intent of the General Plan is to communicate the City’s
strategic thinking and philosophy for the future to residential and business
communities and to provide for the physical, social, and economic needs of the City
and its people. In essence it is the City’s vision.
The Housing Element specifically addresses the City’s vision as it relates to housing.
It is the primary planning guide to identify and prioritize the housing needs of the City
and outline the goals, policies, and programs to address those needs while
balancing community character, objectives and resources. As a planning document
and like the other elements of the General Plan, the Housing Element includes
goals, policies, and programs. Further, it is the only element that the State is
mandated to review, and it must demonstrate to the State how the City is able to
address its housing needs.
Meeting Date: 06/24/2009 Item Number: J-1
AGENDA ITEM: JOINT ITEM – (1) Review and Discussion of the Revised 2009
Draft Housing Element and (2) Authorization to Submit the Revised 2009 Draft
Housing Element for Review by the California Department of Housing and
Community Development.
Contact Person/Dept.: Jose Mendivil and
Susan Yun/CDD
Phone Number: 310-253-5757 and 310-
253-5755
Fiscal Impact: Yes [ ] No [X] General Fund: Yes [ ] No [X]
Public Hearing: [ ] Action Item: [X] Attachments: [X]
Public Notification: Mailed Citywide (over 17,000 addresses), Culver City Organizations,
Housing Advocates, Developers, and Attendees of Past Housing Element Meetings
(06/04/09); Notice of Public Meeting was published in the Culver City News (06/11/09
and 06/18/09); Master E-Mail Notification List (06/04/09 and 06/18/09).
Department Approval:
Sol Blumenfeld (06/09/09)
City Attorney Approval:
Carol Schwab (by H. Baker) (06/17/09)
Chief Financial Officer Approval:
Jeff Muir (by M. Noller) (06/17/09)
City Manager Approval:
Mark Scott (06/18/09) City of Culver City, California
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BACKGROUND:
Per State law, the Housing Element must demonstrate how the City will address
new housing, rehabilitation of current housing stock where necessary, and
preservation of existing affordable housing. The City’s current Housing Element was
adopted in 2001 and was subsequently certified by the State as meeting all the
requirements of State law.
The new Housing Element covers the period 2008-2014. This Housing Element
“cycle” commenced in July 2007 when the Southern California Association of
Governments (SCAG) approved the Regional Housing Needs Assessment (RHNA)
allocation for the period 2006-2014 (sometimes referred to as a “planning period or
cycle”). The RHNA identifies the new housing needs for all economic levels in each
city and county within the six-county SCAG region|1010| during this planning period.
After receiving Culver City’s RHNA new housing needs allocation from SCAG, the
City Council approved a professional services agreement with a consultant
(Conexus) to assist in drafting the Housing Element. In addition, the City Council
and Planning Commission each formed Housing Element Subcommittees so that
there would be a forum for feedback, status updates, and guidance on policy issues
throughout the Housing Element update process. Throughout the drafting of the
Housing Element, staff, the consultant, and the Subcommittees have met several
times to review data and survey results; analyze draft housing objectives, policies,
and program language; and finalize the Draft Housing Element.
On June 30, 2008, a Joint Study Session was held to allow the public to review and
comment upon the Draft Housing Element and to allow the City Council and
Planning Commission to also review and comment upon the draft Housing Element.
Attachment Number 1, the staff report for the Joint Study Session, provides further
background information on the initial drafting of the Housing Element. At this
meeting staff summarized the Draft Housing Element that consists of the following
major components:
• Chapter I is the Introduction describing the context of the Housing Element as a
part of the City’s General Plan, and how opportunities for public involvement
were provided;
• Chapter II is an analysis of the City’s demographic and housing characteristics
and trends;
• Chapter III is an evaluation of land, financial, and administrative resources
available to address the City’s housing needs;
|1010| The SCAG region is comprised of Los Angeles, Orange, Riverside, San Bernardino, Imperial and Ventura counties. City of Culver City, California
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• Chapter IV is a review of potential constraints, both governmental and non-
governmental, to meeting the City’s housing needs;
• Chapter V is the Housing Plan for the 2008 – 2014 planning period, including
housing goals, policies and programs;
• Appendix A is a review of the City’s accomplishments and progress in
implementing the 2001 Housing Element;
• Appendix B is a land inventory analysis that addresses HCD’s requirement that
the City demonstrate it has the land capacity to accommodate the number of
new units allocated per the RHNA process;
• Appendix C is an anlysis of at-risk affordable housing units;
• Appendix D is a public participation summary;
• Appendix E is a glossary of acronyms;
• Appendix F is a glossary or definition of key housing terms
The City’s Draft Housing Element addresses various components that State HCD
considers during its review of the draft Housing Element. Some of these
components cover topics such as policies and programs that will demonstrate how
the City is able to accommodate new housing, housing rehabilitation, and housing
preservation; constraints to housing; analysis of resources available to the City;
general demographic information; and public outreach.
At the June 30, 2008 Joint Study Session, approximately 25-30 people attended and
provided comments along with the City Council and Planning Commission. The key
issue raised at the Study Session was that the City’s Housing Element demonstrates
to State HCD the City’s commitment to affordable housing. Equally important was
the issue that the character of existing residential neighborhoods be preserved.
After discussion of these issues, the Planning Commission and City Council felt that
the Draft Housing Element was adequate and addressed the State requirements for
certification. Minor revisions and clarifications to the draft document were made
based on comments and questions received at the study session.
On August 25, 2008, staff submitted the Draft Housing Element to the City Council
and recommended the Council authorize submission of the Draft Housing Element
to State HCD for review. The Council unanimously voted to submit the Draft
Housing Element to State HCD. The August 25, 2008 staff report (see Attachment
No. 2), provides additional detailed background information on that meeting.
Following the City Council public meeting of August 25, 2008, the Draft Housing
Element was submitted to State HCD for review. On November 7, 2008, the City
received a letter from State HCD providing their comments and identifying the
additional information and revisions that are necessary in order for the Housing
Element to fully comply with State law (see Attachment No. 3). City of Culver City, California
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Following receipt of State HCD’s comments and after internal review of those
comments by City staff and Conexus, staff met with the Subcommittees on February
4, 2009, and April 29, 2009, to discuss proposed revisions to the Draft Housing
Element in response to State HCD’s concerns. State HCD’s comments along with
proposed responses are summarized in Attachment No. 4. The table further directs
the reader to pages within the Draft Housing Element that have been revised as a
result of State HCD comments. Attachment No. 7 is the revised 2009 Draft Housing
Element dated June 24, 2009, reflecting in strikeout/underline the revisions made
since it was last submitted to State HCD. The revised Draft Housing Element
document was delivered to the City Council and Planning Commission under
separate cover. While many of the proposed revisions could be characterized as
additional data or clarification, other comments raise policy issues and are described
in the section below.
The primary purpose of tonight’s public meeting is to review State HCD’s comments
and the proposed Housing Element revisions prepared by staff in consultation with
the Subcommittees. If the Planning Commission and City Council agree with the
proposed revisions, the next step would be to submit the revised Draft Housing
Element to State HCD for a second round of review. If State HCD finds that the
revised Draft Housing Element addresses all of its concerns, a letter of compliance
(or preliminary “certification”) will be issued. The proposed final Housing Element
would then be brought back for consideration and adoption at public hearings of the
Planning Commission and City Council. Having a State HCD-certified Housing
Element enhances the City’s competitiveness for housing grant funds and also helps
to protect the City against legal challenges.
DISCUSSION:
The revised 2009 Draft Housing Element document has various changes that are
editorial in nature or are included to clarify issues raised by either State HCD or the
Subcommittees. The section below focuses on those changes that require a policy
decision to be made. The following issues raised by HCD would require
modifications to current City policies or regulations.
Emergency Shelters and Transitional/Supportive Housing
Senate Bill 2 of 2007 (SB 2) strengthened the planning requirements for local
governments in the area of emergency shelters and transitional/supportive housing.
SB 2 generally requires that unless there are sufficient existing shelter facilities to
meet all of the need, cities must identify at least one zoning district or area where
emergency shelters may be established as an allowed use without requiring a
conditional or administrative use permit or similar discretionary review of the City of Culver City, California
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proposed use. As an alternative, cities may enter into a multi-jurisdictional
agreement with up to two other agencies to develop a shelter facility.
Although the City recently approved an application for Upward Bound House, it is
HCD’s opinion that this facility does not meet Culver City’s entire need for
emergency shelter beds. In order to respond to the requirements of SB 2, Measure
2.L is included in the Housing Element in Chapter V - Housing Plan to allow
emergency shelter facilities in at least one zone as an allowed use without requiring
a conditional or administrative use permit. Implementation of this measure would
require an amendment to the Culver City Municipal Code (CCMC). The City has
also retained the services of St. Joseph Center to provide outreach and referrals to
supportive services and housing to the homeless in Culver City.
Staff has evaluated the eastern portion of the City generally bounded by Ballona
Creek on the west, Fairfax Avenue on the east and Washington Boulevard on the
north to accommodate emergency shelters. See the Key Map (Attachment No. 5)
that shows the boundary of the area studied and Zoning Map (Attachment No. 6)
that describes the various zoning designations for the area studied. This area
includes parcels zoned IG (General Industrial), CG (General Commercial), and East
Washington Boulevard Overlay (EW) and encompasses approximately 30 acres. It
is largely an industrial area with some commercial uses and auto oriented uses.
This area does not include residential zones and Ballona Creek and Washington
Boulevard act as dividers to the nearest residential zones to the west and north.
The area is well-served by bus transit and is located near a variety of services
needed by homeless persons. As part of the CCMC amendment process to allow
Emergency Shelters without requiring a Conditional or Administrative Use Permit,
the City Council has the discretion to determine that another area is better suited for
this purpose. Any alternate location that may be determined to be better suited for
emergency shelters must comply with the requirements of SB 2. SB 2 does not
prohibit cities from imposing development standards such as size or bed limits and
basic amenity requirements on emergency shelters.
SB 2 also provides that transitional and supportive housing shall be considered a
residential use that is subject only to those procedures and requirements that apply
to other residential dwellings of the same type in the same zone. The CCMC
currently does not contain a definition for transitional or supportive housing.
Measure 2.L in the Housing Element in Chapter V - Housing Plan includes a
commitment to amend the CCMC to provide a definition and regulations for these
uses that are no more restrictive than for other residential developments of the same
type in the same zone, in conformance with SB 2. For example a multi-family
housing development in a multi-family zone does not require a Conditional or
Administrative Use Permit; the use is not in question and is allowed. The City does
have the authority to impose development standards such as height, setback, City of Culver City, California
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parking, amenities, landscaping and architectural standards and to present the
design of the multi-family development to the Planning Commission for review. In
complying with SB 2, similar design development review authority will be retained by
the City, but the current CCMC required Conditional Use Permit requirement will
have to be eliminated.
Single Room Occupancy (SRO) Housing
State law requires all jurisdictions to provide for a variety of housing types to meet
the needs of all segments of the community through appropriate planning and
zoning regulations. Among these housing types are SRO dwellings. SROs are
small, motel-type efficiency units intended for long-term residency by a single
person. Although the CCMC currently contains no specific development standards
or land use category for SRO dwellings, the CCMC authorizes the City to determine
that an SRO is similar to other permitted commercial uses such as hotels. The City
has approved SRO housing in the past. One such facility, the West End Hotel, is
located on Van Buren Place in Downtown and the other, the Lindblade Hotel, is
locate on Lindblade Street. In order to clarify regulations regarding SROs and to be
in compliance with State law, Measure 2.K in the Housing Element in Chapter V -
Housing Plan, is included and calls for amending the CCMC to provide explicit
reference, development standards and permit procedures for SRO housing.
Off-Street Parking Requirements
State HCD was concerned that the City’s off-street parking requirements could act
as a constraint to the production of affordable housing. In particular, the requirement
for 2 parking spaces for large studio or 1-bedroom units with over 900 square feet
was identified as a potential constraint. In response to this concern, Measure 2-O in
the Housing Element in Chapter V - Housing Plan, has been added to reduce the
parking requirement to one space for studio and 1-bedroom units that are reserved
for lower-income occupants.
Development Fees for Affordable Housing
State HCD noted a concern regarding the effect of development fees on housing
affordability, particularly the residential surcharge fee for new construction. The
Draft Housing Element notes that low- to moderate-income units are exempt from
some fees such as In-lieu Parkland and Art in Public Places fees. Measure 2-P in
the Housing Element in Chapter V - Housing Plan also commits the City to offsetting
the new construction surcharge fee for Agency-assisted projects from the housing
set-aside fund. For example, the new construction surcharge fee for housing is
$250 per unit over 2 units with a maximum limit of $12,750. If a 20 unit development
has a 25% set aside for affordable units, or 5 of the 20 units, the total surcharge on City of Culver City, California
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those affordable units would be $250 X 5 = $1,250. The $1,250 would be offset
from set-aside funds.
Reasonable Accommodation for Persons with Disabilities
Existing law requires cities to offer reasonable accommodation in their planning and
building requirements for persons with disabilities. This would include a simplified
review and approval process for modifications needed to ensure reasonable access
and use of a residence by a person with a disability. Measure 2.N is included in the
Housing Element in Chapter V - Housing Plan and calls for the adoption of
reasonable accommodation procedures in the CCMC, consistent with state law.
Extremely-Low-Income (ELI) Housing
Cities are required to adopt programs that respond to the housing needs of all
economic segments of the community, including those with extremely-low incomes
(i.e. 30% or less of the county’s median income). Culver City addresses the needs
of ELI households through the provision of rental assistance from both the federal
Section 8 Housing Choice Voucher Program (HCVP) and the Redevelopment
Agency’s Rental Assistance Program (RAP) funded with Housing Set Aside funds.
Because the HCVP has an extensive wait period (sometimes in excess of five
years), Culver City created the RAP to assist the homeless and other extremely-low-
income residents. The RAP functions similar to the HCVP where a household does
not pay more than 30% of its gross income towards rent with the remainder
subsidized through the RAP. This program is funded at $500,000 annually and can
assist up to 30 homeless and extremely-low income households. Additionally,
where appropriate and financially feasible, the Agency will seek to include ELI units
in new projects identified in the Comprehensive Housing Strategy (see Program 2.F
in Chapter V - Housing Plan).
Except for the last measure on ELI, all the other measure would require
amendments to the CCMC – (more specifically the Zoning Code portion of the
CCMC). These new measure are a result of staff, the consultant, and the
Subcommittees discussing and analyzing what is being asked of Culver City by
State HCD. The comments from State HCD reflect their analysis that the City’s Draft
Housing Element as originally presented to them is not in compliance with State law
or does not address governmental constraints such as reasonable accommodation
and parking requirements. These measures, if approved as part of the updated
Housing Element, will place Culver City’s Housing Element in conformance with new
State laws that have been passed since the last RHNA cycle. Acting on these
measures to amend the CCMC will also be expected of the City by State HCD. All
jurisdictions in the State must address these same issues in order to be in
conformance with new laws. Staff and the Subcommittees recommend revising the City of Culver City, California
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Draft Housing Element to include these measures and commitments to amend the
CCMC. As already stated, an HCD-certified Housing Element enhances the City’s
competitiveness for housing grant funds and also helps to protect the City against
legal challenges.
PUBLIC NOTICE AND OPPORTUNITIES FOR COMMUNITY INVOLVEMENT
An initial Housing Element public workshop was held in the Council Chambers on
February 26, 2008. The purpose of that workshop was to inform interested persons
and organizations of the legal requirements and key issues with respect to the
Housing Element update and solicit public concerns regarding housing needs and
opportunities.
On June 30, 2008 a joint study session was held by the City Council and Planning
Commission to allow the public to review and offer comments on the preliminary
Draft Housing Element. At that meeting the City Council and Planning Commission
directed staff to revise the Draft Housing Element based on comments made at the
joint meeting. A second public meeting on the Draft Housing Element Update was
held as part of the August 25, 2008 City Council meeting. At this meeting, the
Council reviewed the Draft Housing Element and heard additional public comments.
At the conclusion of that meeting, the City Council directed staff to submit the Draft
Housing Element to State HCD for review.
Appendix D of the Housing Element contains a summary of public comments at
those three previous public meetings along with brief responses. In addition,
Attachment No. 4 of this report contains a summary of comments from State HCD
and the City’s proposed responses to State HCD’s comments.
Tonight’s meeting represents the fourth public meeting on the Housing Element
update. Public notice for all public meetings was provided in City-wide mailings to all
Culver City residences (approximately 17,000 households) and to more than 200
organizations including homeowner associations, housing developers, and Westside
housing advocates. Notice was also published in the Culver City News newspaper
and posted on the City website prior to each meeting. Following tonight’s meeting
there will be at least two additional opportunities for public review at the future
Planning Commission and City Council public hearings prior to adoption of the
Housing Element.
Handout materials from past meetings as well as other relevant documents such as
the Draft Housing Element, the State HCD comment letter, and the Summary Table
of the comment letter and staff response are posted on the City’s website.
City of Culver City, California
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FISCAL ANALYSIS:
There is no fiscal impact associated with the authorization for submission of the
Housing Element to HCD for review. This is part of the Housing Element update
budget and does not require action on the part of the City Council that would
necessitate expenditure of additional City funds at this time.
CONCLUSION:
Staff believes that the Revised 2009 Draft Housing Element fully addresses all of the
concerns identified in State HCD’s November 7, 2008, review letter with the
proposed revisions described above and in the attachments. Therefore, staff
recommends that the City Council authorize transmittal of the revised element to
State HCD for a second 60-day review. Following receipt of State HCD’s letter of
preliminary certification, public hearings will be scheduled before the Planning
Commission and City Council for final review and adoption of the Housing Element.
ATTACHMENTS:
1. June 30, 2008 City Council/Planning Commission Agenda Item Report
2. August 25, 2008 City Council Agenda Item Report
3. November 7, 2008 State HCD Review Letter
4. Summary of State HCD Comments and Proposed City Responses
5. Prospective Area for Emergency Shelter Location – Key Map
6. Prospective Area for Emergency Shelter Location – Zoning Map
7. Revised Draft Housing Element dated June 24, 2009 in strikeout/underline
(Delivered to City Council and Planning Commission Under Separate Cover)
MOTION:
That the City Council and Planning Commission:
(1) Review and discuss the Revised Draft Housing Element; and
(2) Accept the revisions to the 2009 Draft Housing Element and authorize staff to
submit the Revised 2009 Draft Housing Element to State HCD for a 60-day
review as required by State law.