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308 State Dept of HousingMASON H. ROSE V Mayor GODFREY PERNELL Mayor Pro Tern DONALD CROCKER Councilman THOMAS F. HEINSHEIMER. Councilman GORDANA SWANSON Councilwoman TEENA CLIFTON City Manager • • cE� Rolling JUL INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (213) 377-1321 November 13, 1981 Department of Housing and Community Development Office of the Director 921 Tenth Street Sacramento, Ca. 95814. Gentlemen:. Enclosed.is the Housing Element of the General Plan adopted by the City of Rolling Hills pursuant to AB 2853 copy: - SCAG ;600:5, Commonwealth Ave. .Los Angeles, Ca. 90005 Very truly yours, June C. Cunningha, Deputy City Cler'k P24 87 5417 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED — _NOT FOR INTERNATIONAL MAIL - - (See Reverse). ' SENTTO,Dept . Housing .& ., . - -t-y—D-e-ve1e-pment -9 -- Tenth St. P.O., STATE AND ZIP CODE Sacramento, Ca . 95814 POSTAGE $ CONSULT POSTMASTER FOR FEES CERTIFIED FEE ,-75 OPTIONAL. SERVICES . SPECIAL DELIVERY RESTRICTED DELIVERY. RETURN RECEIPT SERVICE SHOW TO WHOM AND • DATE DELIVERED 0 60— SHOW TO WHOM, DATE, AND ADDRESS OF DELIVERY - SHOW TO WHOM AND DATE DELIVERED WITH RESTRICTED DELIVERY .SHOW TO WHOM, DATE AND ADDRESS OF DELIVERY WITH RESTRICTED DELIVERY • TOTAL POSTAGE AND FEES $ POSTMARK OR DATE .' 11/13/81 STICK•POSTAGE STAMF'ri'Q ARiTiCxCE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE, AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. (see front) 1. If you want this receipt postmarked, stick the gummed stub on the left portion4of the address side of the article', leaving the receipt attached, and present the,artcle at a post office service window or hand itto your rural carrier. (no extra charge) 2. If you do not want this receipt postmarked, stick the gummed stub on the left portion of the address side of the article, date, detach and retain the receipt, and mail the article. 3. If you want a return receipt, write the certified -mail number and your name and address on a return receipt card, Form 3811, and'attaph it to the front of the article by means of the gummed ends if space permits. Otherwise, affix to back -of article. Endorse.frontof article RETURN RECEIPT REQUESTED ' adjacent to the number. 4. If you want delivery, restricted to the addressee, or to an authorized agent of theaddressee, endorse RESTRICTED DELIVERY°on the front of,the article. 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt. Ifreturn receiptis requested, check the applicable blocks in Item 1 of Form 3811. 6. Save thisreceipt and present it if,you make inquiry. * GPO: 1979' 302-878 v i ® SENDER: Complete items I, 2, and 3. 1.n Add j...',ur address in' the.."RETURN TO" space on 3 reverse. r 1.. The: following service is requested (check one.) [Show to whom and date delivered. —a • Show to whom, date and address of delivery —a O RESTRICTED DELIVERY Show towhom and date delivered — 4 Q RESTRICTED DEUV-ERY. Show to whom, date, and address of deiivery $__- (CONSULT POSTMASTER FOR FE} 2. ARTICLE ADDRESE TO: Dept.. Housing & Community Development 921 10th St. Sacramento 9581 3. ARTICLE DESCRIPTION: REGISTERED NO. CERTIFIED NO. INSURED NO. 24 874541 -(Always obtain signature of addressee or agent) I have received the article described above. GNATURE IZAddtessee DAuthorized agent 4 DATE OF DELIVERY TMARK CAT I(-(6 / ,: rr ADDRESS (Comptataonty K requas _17 •' Pecs - : A> J i It nL KI RK' iTa j *en, :' 1979-28&449 UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS SENDER INSTRUCTIONS Print your name, address, and ZIP Code in the space below. • Complete items 1, 2, and 3 on the reverse. • Attach to front of article if space permits, otherwise affix to back of article. • • Endorse article "Return Receipt Requested" adjacent to number. RETURN TO J. Cunningham PENALTY FOR PRIVATE USE TO AVOID PAYMENT OP POSTAGE. S.90D CITY OF ROLLING HILLS #2 PORTUGUESE BEND ROAC RfLI IN , NlLL cn j 00274 (Street or P.O. Box) (City, State, and ZIP Code) ei4 • 0/ leoPerso APP INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE REND ROAD ROLLING HILLS. CALM. 90274 (213) 377-1521 HOUSING ELEMENT OF THE • GENERAL PLAN HOUSING ELEMENT .I. INTRODUCTION A. Profile of the City B. Purpose of the Housing Element II. HOUSING PROFILE A. Population Characteristics Size Ethnicity Age Income Employment Household Size Density B. Housing Characteristics Housing Units Building Activity Overcrowding Vacancy/Tenure Housing Age and Condition Land Suitable for Residential Development Housing Costs Affordability C. Constraints D. Needs III. GOALS, POLICIES AND PROGRAMS APPENDIX - GLOSSARY LOCATION MAP TORRANCE PALOS VERDES ESTATES ROLLING HILLS ESTATES CITY OF ROLLING HILLS RANCHO PALOS VERDES N LOMITA SAN PEDRO 1"• 2 miles A. PROFILE OF THE • The City of Rolling Hills is located in the southwest region of Los Angeles County, on the Palos Verdes Peninsula. The City is located within the San. Pedro Hills on the Peninsula, which is bounded by 'Santa Monica Bay, the Pacific Ocean and Los Angeles Long Beach Harbor, which provides view properties in an impressive setting. The City of Rolling Hills is a 2.98 square mile community of tree covered ridge tops and canyons. Rolling Hills has for a number of years acted as a rural reserve in the increasingly urban- ized Los Angeles Basin, B. PURPOSE OF THE HOUSING ELEMENT Federal and State law find the subject of housing to be of vital importance and declare the early attainment of a decent home and a satisfying environment to be a priority of the highest order. In 1975, as part of the Housing and Home Finance Act, the California Legislature `stated its interest in the maintenance of adequate housing stock by declaring housing "---of vital statewide importance to the health, safety and welfare of the residents in the State." (Health and Safety Code, Section 50001). This same act recognizes the important role local government is suited to play "---in meeting the housing needs of the State on a level of government which is as close as possible to the people it serves." (Housing and Safety Code, Section 50005), The State directs each city and county to element to its General Plan. It is a document which: a housing 1. Consists of "---Standards and plans for the improvment of housing and for the provision of adequate sites for housing--" 2. Makes "---adequate q provision for the housing needs of all economic segments of the Community." (Government Code Section 65302c) In doing this the element focuses on the evaluation of housing needs of all economic segments of the Rolling Hills population and the development of a housing program which makes adequate for meeting those needs. This element considers future actionssian within the context of expressed citizen goals and in terms of the special characteristics of the City itself. II. HOUSING PROFILE• A. POPULATION CHARACTERISTICS Population Size 1970 Change 1980 Population . 2,050 2,049 -1 Source: U.S. Census of Population, 1970 and 1980 Ethnicity Age Number .Percent White 1,861 90.8 Black 25 1.2 Indian 6 .3 Asian 103 5.0 Spanish 92 4.5 Other 54 2.6 Source: U.S. 'Census of Population, 1980 Age - Sex Pyramid Chart The 1970 Census indicated a median age of 35.28 years for the City as compared to 29.57 years County -wide, 34.13 years for Palos Verdes Estates, 27.18 years for the unincorporated area of the Pen- insula -.and 26.62 years for Rolling Hills Estates. Income $3,000 $3,000 - 7,000 $7,000 — 12,000 $12,000 - 16,000 13 14 20 33 $16,000 - 22;000 $22,000 - 36,000 $36,000-& up Total 68 262 188 598 Source: SLAG Housing Needs Analysis, 1975 Employment Rolling Hills is a unique community because there are no employ- ment centers or commercial centers in.the City limits. The population must seek employment outside City limits. However, the residents of -2- 75 70 74 65 - 69 60 - 64 55 - 59 50 54 45 49 40 - 44 .35 - 39 30 - 34 :25 29 20 - 29 15 - 19. 10 14 5 9 Under 5 Percent Population Median Age AGE -SEX PYRAMID PLACE 2385 ROLLING HILLS xx xxx xx xxx xxxx xxx xxxx xxx XxXX XXX. xxxxxxx xxxxxx XXXXXXx XXXXXX XXxXXXXxxXxxX XXXxxxxxxxXXXXX XXXXXXXXXXXxX XxxxxxxxXXXXXXX XXXXXXXXXXXXXXXXXXXX xxxxxxxXXXXXXXXXX XXxxxxxxxXXXXXXXXXXX xxxxxxxXXXXXXXXXX XXXXXXXXxXXXXXxXxxXX XxxxxxxxXXXXXXXXX .xxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxX xXXXXXxXXXXXX XxXXXxXXXXxXXxxxX XXXXXXxxXXXXX XXXXXXxXxXxXxXXXx xxxxxxxxxxxxx xxxxxxxxxxxxxxxxx xxXxxxxxxxxxx.xxxxxxxxxxxxxxxxx xxxx xxxxxx .xxxx xxxxxx xxxx xxxxxx xxxx xxxxxx xxxxxxx xxxxxxx xxxxxxx xxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxx .xxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxxx xxxxxxxx xxxxxxxxx xxxxxxxx xxxxxxxxx 8 7 6 5 4 3 2. 1 2 3 4 5 6 7 8 Male 1005 35.43 Records Suppressed Total Female 2050 1045 35.2S 35.10 • • Rolling Hills does employ people from outside the community for domestic, landscape and maintenance assistance. Household Size The 1970 Census showed that there were 3.6 population per housing unit. The 1980 Census shows a drop in population per house- hold to 3.2 population per housing unit. This is considerably higher than the Los Angeles County figure of 2.83 person per unit in 1970 and 2.69 in 1975. Source: U.S. Census 1970, 1980. Estimate of the Department of Regional Planning. Population and Human Resources Section, 1975. Population Density Rolling Hills and surrounding cities City Rolling Hills Rancho Palos Verdes Palos Verdes Estates Rolling Hills Estates Lomita No. of People 2,049 35,337 14,376 9,412 17,191 Los Angeles County 7,477,657 Source: 1980 Census, B. HOUSING CHARACTERISTICS Housing Units Single family units 2 or more unit structures Mobile homes Source: U.S. Census, 1970 Building Activity Since 1970, 81 single Hills housing stock. This units per year. There are Total Sq. Miles 2.98 12.3 15.87 12.2 1.87 4,083.2 Thomas Brothers Map Count 566 2 0 Density/sq. mile 688 2,864 906 771 9,193 1,831 Percent 99.6 .4 0 family units have been added to the Rolling has occurred at a rate of an average of 8 currently 649 housing units in the City. Source: City of Rolling Hills Building Permits, August 1981 vs. Census, 1970. Overcrowding Overcrowded conditions are considered to be related to both the physical and mental health of all affected residents and of children in particular. A living unit is thought to be overcrowded when there are more than an average of one person per room. Overcrowded Units Rolling Hills Los Angeles County State of California 1.6% 8.5% 7.7% Source: U.S. Census, 1970 The table shows the extent of overcrowding in Rolling Hills compared to surrounding cities. The data shows that the extent of overcrowding in Rolling Hills is not of a serious condition. Lomita 6.4% Palos Verdes Estates .9% Palos Verdes Peninsula 1.9% Torrance 5.0% Lawndale 15.5% Vacancy/Tenure Vacancy rates are among the most important factors in housing costs because they indicate the relationship between supply and demand. Healthy vacancy rates, ones which allow mobility and access- ibility to a variety of housing units, are considered to be 2% for ownership units and 5% for rentals. According to the 1970 Census, the Rolling Hills vacancy rate was l.l% or 6 vacant units. This represents a shortage of housing units in Rolling Hills. Housing Unit -Type Count Owner occupied units 530 Renter occupied units 32 Source: U.S: Census, 1970 Housing Age and Condition. Percent 93.3% 5.6% The seriousness of a housing problem can be gauged partially by the age of the housing units. Aging may be detrimental to quality in varying degrees depending on the maintenance a house receives. However, this does not seem to be the case in Rolling Hills. The physical condition of a community's stock of housing units is an influential factor in the quality of community and personal life. Although much of Rolling Hills' housing stock was built in the 1940's, 98.8% of the units are "standard", i.e.: needing neither stabilization nor replacement. Source: U.S. Census, 1970 • Land Suitable for Residential Development Rolling Hills covers about 2.98 square miles of tree covered ridge tops and canyons. The city is an exclusively residential community of rural suburban sized parcels of land. This land use pattern was set with the original land division of what now is the city stated in the original Master Plan for the Peninsula, controlled by covenants and restrictions, and re -stated in the City's incorporation. The current zoning in the city reinforces the community's commitment to "Rural -Suburban" one unit per acre, and one unit per two acres.. Although there is still the potential for land divisions in the largely undeveloped area west of Portuguese Bend Road, the land use objectives of the community seem well established, and any deterior- ation of the present housing pattern could only adversely affect present uses. Available Land Acres Estimated total units that could No. of Parcels be accommodated RAS-1 53.4 24 45 RAS-2 191.8 25 86 Public Land 18.5 3 Total 263.7 52 131 Source: Planning Commission Vacant Land Map, August 1981 The estimated total number of units that can be accommodated is based on the City of Rolling Hills Zoning Map. Parcels with issued building permits were not included in the available land count Size Zoning Comments Approx. Ac Restrictions 1) 1 10 acre R-2 Impacted by steep slopes and expansive soils 2) 2 10 acre R-2 '' 3) 1 63 acre R-2 " 4) 1 20 acre R-2 Unstable geologic condition 5) 1 14 acre Publicly owned currently used as a riding ring Approximately 264 acres in 52 parcels are undeveloped. Most of this vacant land consists of relatively steep slopes, and the road system was designed for a rural community and can only support low density residential development. r' CRENSHAW ENTRANCE 01 .rte` Omilr 1/8 1/4 3/8 1/2' CITY OF ROLLING HILLS... z 1 ROAD 0 .,`•�. p • .` ~`**•%. FIRE STATION N., rpFst 1.✓--� • `, ar VACANT LAND (10 ACRES OR MORE IN SIZE) 'MAIN ENTRANCE • • CITY HALL • EASTFIELD ENTRANCE . S 1 k Housing Costs • Rent or Renter Occupied Units Count 60 - 79 1 80 - 99 0 100 - 119 0 120 - 149 0 150 - 199 3 200 - 299 2 300+ '20 Percent 3.8 0.0 0.0.. 0.0 11.5 7.7 76.9 'Source: U.S. Census, 1970 More recent figures in the 1975 SCAG Housing Need Analysis shows that there are 31 rental units with all rents higher than $500. Source: SCAG Housing Needs Analysis, 1975 Actual'Sale Price for Units Sold.1980 - August 1981 $400,000 - 600,000 5 600,000 - 800,000 7 800,000 -1,000,000 2 over 1,000,000 4 Source: Alice Boyer and Skip Braud, Vokes-Boyer, Inc. August 1981 Affordability The rapidly escalating housing costs have meant that many people have -difficulty finding "affordable" housing. Accepted standards of "affordability" are that a home should have a purchase cost of no more than twice its household's income, or that no more than 25% of monthly income should be devoted to rent. Affordable Units There are 0 units available to 13 households in. the 0 to $3,000 income range O units available to 14 households in the 3,000 to 7,000 O units available to 20 households in the 7,000 to 12,000 O units available.to 33 households in the 12,000 to 16,000 3 units available to 68 households in the 16,000 to 22,000 O units available to 262 households in the 22,000 to 36,000 608 units available to 188 households in the 36,000 and up Source: SCAG Housing Needs Analysis, 1975 • C. CONSTRAINTS Programs to improve a community's housing situation depend on an assessment of the problem and the acknowledgement by the city that it has certain powers to provide some solutions. However, in the desire of the City of Rolling Hills to promote the betterment of housing conditions and opportunities there are limits or con- straints on the City's options. Some constraints such as features of the local market are beyond the City's control, while others are created by the City itself for compelling reasons such as maintenance of standards and regulations for. overall community benefit. The two factors of Rolling Hills' low vacancy rates and its high housing costs indicate that current demand is outstripping supply in the community. Affordable new construction in Rolling Hills is limited by the high construction costs, high land costs, and low availability of land. Zoning places limits on the amounts and locations of housing and is_a universally accepted tool for protecting and enhancing citizens" lives. The City of Rolling Hills affects the housing costs through zoning. The City is zoned at either one unit per acre or one unit per two acres. This gives the area an equestrian community character. The City was master planned in this manner since its 'inception in 1936 when Rolling Hills:was guided by deed restrictions established by the original developer. Another con- straint included in the Rolling Hills Zoning.Ordinance is the one story height limitation. This restriction is consistent with the effort to contain density and retain the long-established rural character of. the City. The Los Angeles County Building Code governs standards for construction in Rolling Hills. ..The factors affecting construction include the steep topography and the geological instability affecting the -remaining vacant land. The most suitable land for development was built on first with the less suitable land remaining. Site improvements and. community amenity costs in Rolling Hills are paid for exclusively by the homeowners. All roads within the city limits are private and are maintained as part of the Rolling Hills Community Association. The local intrastructure is adequate for fire and water supply at present and is adaptable to accommodate some growth. A fire station is located in the City of Rolling Hills consisting of an engine company and rescue units. This is adequate as the County Fire Department has a multiple engine company within one mile of Rolling Hills. This service is provided. as a separate taxing district. Two water tanks owned by the Palos Verdes Water Company located on property contiguous with the eastern City boundary serve as the City's water source. All private homes in the City are served by their own under- ground waste disposal system (cesspools, septic tanks, etc.) elimin- ating the need for a city-wide sewage system at the current and projected population levels. • • There are many Federal and State housing programs to assist cities. However, there is some difficulty in matching the specific needs of the individual city to the resources that other jurisdictions offer. Be- cause of the lack of availability and high cost of land in Rolling Hills,. Federal and State assistance does not go far. Therefore, the programs in this Housing Elementare geared towards incentives to the private developer to provide housing to persons of low and moderate income housing. D. HOUSING NEEDS It is projected that Rolling Hills will continue to grow at a slow rate. The 1980 Census shows that there has been a decrease in. population since 1970. The average household size has also decreased to 3.2 population per household compared to 3.6 per household in 1970. This Housing Element for the City of Rolling Hills will address the low income needs in particular, but is also concerned with moderate income needs due to the high cost of housing in the City. There are a significant number of accessory residential units in the City which address the low and moderate income housing needs of the Conuiiunity. These residences provide housing for relatively large numbers of agri- cultural and domestic help. The City recognizes its role in considering the housing needs of a wider community beyond its city boundaries. Therefore, because of the high cost of housing in the City of Rolling Hills, the Federal block grant funds for housing programs are pooled together with the adjoining community of Lomita. E. LIMITING FACTORS The City of Rolling Hills is faced with anumber o•f limiting factors in addressing the issue of affordable housing within its bound- aries. These factors all relate to some degree to the extreme slope problems found in the City. Rolling Hills may be described as having the most severe terrain of any city in Los Angeles County. Slopes of 25 percent to 50 percent arethe rule on lots throughout the.community and slopes of this degree are found on every remaining undeveloped property. The City was developed without a system of public roads. There are no public streets within the City. The road system is typified by winding roads with a 25 -foot paved cross section lacking in curbs, gutters or sidewalks. This lack of road width coupled with steep grades has eliminated the possibility of a public transit system within the City and caused the use of special equipment for trash removal. The Community has experienced a recurring problem of land slides which damage or destroy homes, in spite of the City's rigorous geologic review requirements. The greatest portion of Rolling is lacking in sewers and because of existing development patterns and Geologic Hazards will continue so. These limiting factors make the job of addressing. the allocated low-cost housing units difficult, especially for a City as small as Rolling Hills. -8- • II. GOALS, POLICIES AND PROGRAMS GOAL I Encourage the development of housing in a manner which adequately serves the needs of all present and future residents of the community. Policy Maintain a residential community while providing housing to more ofa variety of income levels. Encourage the design of housing with variety in size, number of rooms, and level of amenities. Provide feasible assistance to developers proposing affordable housing. Determine ways in which the City can assist in providing housing to meet special community needs. Work with other governmental entities to explore the possibility of obtaining affordable housing for low-income housing in the South Bay Region. Cooperate with County, State and Federal agencies, monitoring all housing programs offered, and studying them for implementation in the City. Programs Provide an overlay zone classification which may be applied to appropriate areas for housing for low and moderate income elderly based on proximity to commercial services, public transit, and other services. (Appropriate ordinances) Permit manufactured or mobile homes on all buildable, single family lots in the City. (Existing ordinances) Provide low and moderate income housing in the City of Lomita through pooling of area block grant monies. (Currently implemented) Participate in regional low and moderate income housing programs. Solicit the private sector's involvement in providing affordable housing. (Contact potential participants) Encourage developers to construct low and moderate income housing by providing a density bonus of 25% over the otherwise allowable units permitted when the developer provides at least 25% of the total number of units in a housing development for persons of low or moderate income. (Existing ordinance) Encourage developers to construct housing for persons of low and moderate income by providing developmental incentives. (Existing ordinance) . Encourage housesharing for those residents who no longer need a large residence. (Establish lines of communication) GOAL II Preserve and enhance the community's quality living environment. Policy: Require all new low and moderate income housing developed to include adequate landscaping, open space and other design amenities. Control the alteration of natural terrain. Allow no further development involving human occupancy within the geologically unstable -areas. Program: Control grading in new and existing development. (Appropriate ordinance) GOAL III Enhance the visual character and physical quality of existing neighborhoods. Policy: Encourage and assist in the maintenance and improvement of all existing residential neighborhoods so as to maintain optimum standards of housing quality and design. •Encourage neighborhood pride, stability and identity.. Program: Provide programs to provide minor home repairs. (Appropriate programs) Promote neighborhood beautification activities. (Appropriate programs) GOAL IV Ensure sensitivity to unique characteristics of special areas. Policy: Allow no further development involvingany human occupancy within active landslide areas. Continue cooperation and coordination efforts responsive .to the needs of the residents in the geologically unstable areas. Programs: Establish open space hazard zones to protect the health and safety of present and future residents. Allow repair of structures and remedial grading within the landslide moratorium area. Allow temporary mobile homes on landslide sites where existing residential structure is uninhabitable. (Existing ordinance) Omite 1/8 1/4 3/8 1/2 AG o ® . ® s 'CRENSHAW E 1TRANCE S\NP .s cstNI 000 ) 0 1 • o*-... . / /te • ROAD • ©O Q fla @¢ /\P 0� A 0f ® ' `# t/h.III fNTkl.NCE. �Jo ; ' ° CITY ti/�t•!. 0 O •g QRIYE NORTH ear i t �S Q "`'•n `� EASTFIELD ' ENTRANCCQ •`. • .`'`s• FIRE { STATION CITY OF ROLLING HILLS_ • �J 0 n. (7)4:5,1. BUS ROUTES 0®©6 and COMMERCIAL SERVICES ��. HOUSING ELEMENT GLOSSARY ADEQUATE OR SOUND HOUSING A decent, safe and sanitary residential unit which is not overcrowded (occupied by an average of 1.01 or more persons per room). AFFORDABLE HOUSING Housing units which are adequate and do not require overpayment for housing expenses in terms of a desirable maximum of 25% of gross household income (in the case of lower income households). DENSITY Average number of housing units or person per unit of land area, often measured in units or persons per acre. Density = total housing units or total population 'total acres total acres ELDERLY Persons 62 years of age or older. HOUSEHOLD All persons occupying a dwelling unit. HOUSING DEMAND The quantity of housing o.f specified quality, characteristics and distribution within a geographic area, which•is needed and wanted, and therefore actively requested by the prospective occupants, and for which buyers are willing and able to pay the price. HOUSING NEED The shortage in the quantity of housing of specified quality, charac- teristics, cost and distribution within a geographic area, as deter- mined by set standards and by the values people hold, independent of any attempt to remedy. HOUSING STOCK All housing units, occupied or vacant, which are located in a specific geographic area. HOUSING UNIT OR UNIT The place of permanent or customary and usual abode of a person, including a'single-family dwelling, a single unit in a two-family dwelling, multi -family or multi -purpose dwelling, a unit of a condo minium or cooperative housing project, a nonhousekeeping unit, a mobilehome, or any other residential unit which either is. considered to be real property under State law or cannot be moved without sub- stantial damage or unreasonable cost. HOUSING VALUE (MARKET VALUE) The price at which a property could be sold on the open market with buyer and seller free from abnormal pressures. I a LARGE FAMILY A family of five or more persons. LOWER -INCOME HOUSEHOLD A household, with adjustments for household size, whose income falls below 80 percent of the median household income of -the standard metro- politan statistical area.(SMSA) or, outside SMSAs, a county. LOWER -INCOME HOUSING UNITS Units with either a 1975 market value of $20,000 or less, or rented for $165 per month or less in 1975. MAINTENANCE The activity of keeping a residential property in a state of good repair and sound condition. a. A residential property requires heavy maintenance when some or all of .the following conditions are present: Defective roofing Interior or exterior painting has been neglected for an extensive period of time Broken windows or doors Ineffective weather proofing Overgrown vegetation causing fire hazard or detriment to neighboring properties Accumulation of unsightly objects for an unreasonable period on the premises causing detriment to the quality of life on adjacent properties b. A residential property requires only light maintenance when routine and seasonal property upkeep (such as repairing leaky faucets and drains, fixing broken electrical fixtures, and cutting and trimming lawns) will maintain it in a sound condition. MANUFACTURED HOUSING A housing unit which has a proportion of its structural framework pre -assembled offsite. MOBILEHOME A housing unit which is also a vehicle capable of being transported on its own undercarriage. MODERATE -INCOME HOUSEHOLD A household, with adjustments for household size, whose income falls below 120 percent of the median household income of Los Angeles County. 4 s' r i MODERATE -INCOME HOUSING UNIT Unit meeting the standard for "Affordable Housing" by "Moderate -Income Household". NEIGHBORHOOD The geographic area within which residents experience a high degree of social interaction and contact, frequent face-to-face communication and a sharing of common interests, services and facilities. OVERCROWDED HOUSING UNIT A housing unit in which the members of the household, or group, are prevented from the enjoyment of privacy because of small room size and housing size. The U.S. Bureau of Census defines an overcrowded housing unit as one which is occupied by more than one person per room. SINGLE FAMILY HOUSING UNIT A housing unit contained in a structure separated from other structures and designed for only one household. SUBSTANDARD Refers to all deteriorating and dilapidated housing. VACANCY RATE (VR) The percentage of the housing stock which is vacant. Vacancy Rate (VR) = total vacant units total units III Date q--3®—`Z.P- Department of H ing & M� �(9rnnunity Dev ilment K vD � oR 4"rdr Review ectian 921 Tenth Street Sacramento,, CA 95814 (916) 445=`4725 RE: City/dip of RoL.1 J)& IjL,LS Dear . 01 l rH This will acknowledge receipt of your housing element in our office on 1-3(2-16a The element has been assigned to your field representative who will be contacting you to discuss the review of your housing element. Victor Rea cc: Field Representative coGI DEPT. OF HOUSING AND ; � ' COMMUNITY DEVELOPMEN1 % j'J 921 10th STREET ( iCO OCT YQ2 SACRAMENTO. CA. 95E14 Q%; � ti �t itY . �.t CA 1:1,1", r.rae.eA I 697y.;x:rt - MR, RONA'La L. Sm1T'H C !TY m F}NAG-ER CITY OP ROLLING FIIL_L5 V®. a 'P©RTIA& USSE BENI> RoPtv ©t -ow, H ic.Ls� CA .IF. qO a71 P. 249•"°484` 999: RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED= NOT, FOR INTERNATIONAL MAIL (See Reverse) SENT TO Dept. of Housing & Community. Develop. STREET AND NO. - 921 ` Tenth St. P.O., STATE AND ZIP CODE 'Sacramento, CA 95814 POSTAGE $ 88 CONSULT POSTMASTER FOR FEES CERTIFIED FEE. 75 S OPTIONAL SERVICES, SPECIAL DELIVERY $ RESTRICTED DELIVERY RETURN RECEIPT SERVICE SHOW TO WHOM AND DATE DELIVERED 60 SHOW TO WHOM, DATE, AND ADDRESS OF $ DELIVERY , SHOW TO WHOM AND DATE DELIVERED WITH RESTRICTED $ DELIVERY SHOW TO WHOM, DATE AND ADDRESS OF DELIVERY WITH RESTRICTED DELIVERY TOTAL POSTAGE AND FEES $ 2.23 POSTMARK OR DATE 9/27/82 (jc) STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE, AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. (see front) 1. If you want this receipt postmarked, stick the gummed stub on the left portion of the address side of the article, leaving the receipt attached, and present the article at a post office service window or hand it to your rural carrier. (no extra charge) 2. , If you do not want this receipt postmarked stick the gummed stub on the left portion of the address 'side of the article, date, detach and retain the receipt, and mail the article. 3. If you want a return receipt, write the certified -mail number and your name and address on a return receipt card, Form 3811, and attach it to the front of the article by means of the gummed ends if space permits. Otherwise, affix to back of article. Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee, endorse RESTRICTED DELIVERY on the front of the article. 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt. If return receipt is requested, check the applicable blocks in Item 1 of Form 3811. 6. Save this receipt and present it if you make inquiry. 7. *GPO: 1980 331-003 in m c z 27 m -0 m m 23 m z n m i m O F7. 0 SENDER: Complete items 1, 2, and 3. Add your address in the "RETURN TO" space on reverse. 1. The following service is requested (check one.) k Show to whom and date delivered. —4 ❑ Show to whom,date and address of delivery.. 0 RESTRICTED DELIVERY Show to whom and date delivered — ¢ ❑ RESTRICTED DELIVERY. Show to whom, date, and address of delivery $_ (CONSULT POSTMASTER FOR FEES) 2. ARTICLE ADORESSED'TO: _ Dept. of Housing & Community- Development Sacramento, CA 95814 3. ' ARTICLE DESCRIPTION: REGISTERED NO. IP249 CERTIFIED NO. 484 INSURED NO. 99 (Always obtain signature of addresseeor, agent) I have received the article described above. SIGNATURE OAddressee OAuthorized agent .Lre� . DATE OF DELIVERY 9-(94-g`L 5. ADDRESS (Complete only if requested.44 at 6. UNABLE TO DELIVER BECAUSE: - LP ` ;R (GPO x1979-288.841 Housing Element UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS SENDER INSTRUCTIONS Print your name, address, and ZIP Code in the space below. • Complete items 1, 2, and 3 on the reverse. • Attach to front of article if space permits, otherwise affix to back of article. • Endorse article "Return Receipt Requested" adjacent to number. RETURN TO PENALTY FOR PRIVATE USE TO AVOID PAYMENT OF POSTAGE. S300 mensums U.S.MAIL IGININ IZING CITY OF ROLLING HILLS #2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (Nane of Sender) (Street or P.O. Box) (Qty, State, and ZIP Code) 1 September 27., 1982 State of".California. Department. of Housing and Community, Depelopment 921`; Tenth Street Sacramento, CA 95814 ttention: Ms. Mary Ann, Karrer Supervisor,. Review Section Dear. Ms. ` Karrer The.. City of Rolling. Hilts would : like to request . review by, the Department of Housing, and. Community Development of the attached Housing Elernen.t, pursuant to Section 65585(b) of the Government Code of the State of California, In" preparation of `this. Housing Element : the guidelines.,; of the Department of ; Housing and Community Development, which were prepared in accordance with Section 50459 of the Health and Safety Code, were reviewed and utilized in;:ad- dition to the content raandated in Section 65583 of the. `Government Code;. Enclosed for your review is a copy of the Housing Element of the City of Rolling Hi11s Your earliest review and response Mould -be appreciated, The City of Rolling Hills has previously forwarded a copy Of the Housing:. Element .(see attached letter dated November 13, 1981) and this request is for revriew within the framework previously noted. Should you..have any :questions please ,do not hesitate to contact; this..officee incerely, :, Rona3:d :L:e ::Smith City Manager Enc1 S./ j c • STATE OF CALIFORNIA EDMUND G. BROWN JR., Governor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT OFFICE OF THE DIRECTOR 921 Tenth Street Sacramento, CA 95814 (916) 445-4775 January 28, 1981 TO: City Managers County Administrators AB 2853, recently enacted into law, establishes extensive requirements for the Housing Element of the General Plan. In view of the many inquiries we have received concerning our interpretation of the provisions of this new law and the role the department proposes to play in their implementation, we offer the following comments: 1. General Description of AB 2853 AB 2853 continues in law the requirement that all cities and counties, including charter cities,' adopt nine mandatory elements as part of their general plans.2 One of the required elements is the housing element. AB 2853 modifies existing law3 primarily by clarifying what is to be included in housing elements and establishing procedures and deadlines for their adoption. The bill went into effect on January 1, 1981, although compliance with its substantive provisions is not required until October 1, 1981. The basic requirements for housing elements remain unchanged by AB 2853. Former law required that housing elements comprise "stan- dards and plans for the improvement of housing and for provision of adequate sites for housing" and that they "make adequate provision for the housing needs of all economic segments of the community."4 The details of this requirement were defined in the "Housing Element Guidelines," adopted as regulations by this Department in 1977. There has been a good deal of debate on whether or not these Guidelines constitute an interpretation of the statutory requirements which are binding upon cities and counties. AB 2853 settles this question for the future by making the Guidelines advisory.5 Most importantly, AB 2853 puts into statutory form much of what was formerly in the Guidelines. Thus, while the Guidelines will, for elements submitted under the substantive provisions of Section 3, be advisory, the statute itself now provides a level of specificity in its direction to localities comparable to that formerly provided in the Guidelines. -2 - The general requirement of AB 2853 is that "the housing element shall consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified ob- jectives, and scheduled programs for the preservation, improvement, and development of housing." 2. Procedural Requirements Existing law continues to provide that the Department may review local housing elements for conformity with the requirements of law and the Guidelines (Health and Safety Code § 50459). AB 2853 makes our review of draft elements mandatory and continues our discretionary authority to review adopted elements. We are required to review drafts and re- port our findings within 90 days of submission. The review period for draft proposed amendments to adopted elements is 45 days. Although the department's comments are advisory to local jurisdictions, they must be considered by local officials prior to adopting the housing element and will presumably be given great weight in a court of law. AB 2853 is somewhat complicated with respect to the effective dates of its various provisions. Section 2 of the bill, which requires that the general plan include a housing element "as provided in Article 10.6" (the new substantive requirements), does not become operative until October 1, 1981.6 This means that a housing element which conforms to all the substantive requirements of Article 10.6 need not be adopted until that date. The remaining provisions of AB 2853 become effective on January 1, 1981.7 Prior to October 1, 1981, or the adoption of an element pursuant to AB 2853, however, cities and counties must have adopted housing elements which conform to existing Government Code Section 65302(c) and the 1977 Guidelines. The new law establishes that housing elements adopted prior to October 1, 1981 in conformity with the Guidelines are deemed to be in compliance with the new law, and states explicitly that elements found adequate by the department are in conformance with the Guide- lines. In effect, elements previously found adequate by the depart- ment are "grandfathered" in under the new law. AB 2853 changes existing law with respect to extensions of time for the completion of housing elements. The Office of Planning and Research cannot grant extensions of time for housing elements beyond October 1, 1981. In summary, each city and county, including charter cities, must adopt an element which conforms either to the 1977 Guidelines or to the sub- stantive requirements of AB 2853 on or before October 1, 1981. Draft elements should be submitted to the department at the earliest possible date and, in all cases, prior to July 1, 1981. In effect, this means that each city and county should submit an element to us between January 1, 1981 and July 1, 1981 unless prior to January 1, 1981 we have approved -3 - an element submitted to us pursuant to the 1977 Guidelines. Localities must update their elements at least every five years, except that the first revision must be completed within three years -- by July 1, 1984. 3. Development of Local Share of Regional Housing Need AB 2853 requires COGs (or, in certain areas, HCD) to develop regional allocations of housing needs for households of all income levels. Localities should use the needs figures from the plans, with certain exceptions described below, to develop objectives for their housing programs. Thus, the housing element programs should match needs across the range of household incomes. As a first step, Councils of Government (COGs) are required to determine current and projected housing needs for their respective regions. For areas not covered by COGs, the department is responsible for performing this function. The department is also responsible for ensuring that the determinations of regional need are consistent with statewide housing needs and may, if necessary, revise COG determinations to obtain such consistency. In the hope of avoiding any such problems, we will be publishing, probably in February, housing needs totals for each county in the state. Regional numbers can then be determined by COGs by adding the figures for each county in their region. In some cases, it will be necessary to estimate partial county numbers where the regional boundary does not follow county lines. Regional needs figures will include both current and projected needs. In order to be consistent with other provisions of the statute, the Department's figures for each county will include five-year projections. Projections for shorter periods may also be available. The second step is for COGs to allocate the regional totals to the city and county levels. This allocation is to be based upon available data and should not, therefore, immediately require any new data collection by COGs or localities. The statute gives the department an advisory role on such allocations, which must, in any case, take into consideration seven factors: A. market demand for housing; B. employment opportunities; C. availability of sites and public facilities; D. commuting patterns; E. type and tenure of housing need; F. housing needs of farmworkers; and G. the need to avoid impaction of lower -income households. -4 - Housing needs figures must be developed for households at all income levels. The statute does not specify the income ranges to be used in such calculations but we believe that it will be sufficient to establish broad income categories, with adjustments for family size, such as very low income (0-50% of area median) low income (51-80%), moderate income (81%-120%), and above moderate income (121%+). In addition, the needs figures must be projected over a five-year planning period. Localities may revise the allocations adopted by their COG or the department if such revisions are "based upon available data and accepted planning methodology, and supported by adequate documentation." Such revisions must occur within 90 days of their adoption by the COG or the department. The COG or the department then has 60 days in which to accept such revisions or indicate "based, upon available data and accepted planning methodology, why the revision is inconsistent with the regional housing needs." Where such revisions are retained by the adopting locality, the element must include "an analysis of the factors and circumstances, with all supporting data, justifying the revision." Although no specific direction is provided by the statute if the appropriate COG has not developed the required allocations in a timely fashion, we are encouraging cities and counties to submit a housing element under the Department's 1977 Guidelines as permitted by Section 65586 in order to be in compliance with the law. In any event, lack of the fair share calculations should not hold up the preparation of the housing element, since all work on other components can go forward and the fair share figures included when they become available. 4. Required Contents of Housing Elements The substantive requirements of AB 2853 for the contents of housing elements can be divided into three broad areas: -- the identification and analysis of existing and projected housing needs and an inventory of resources and constraints relevant to the meeting of those needs; -- a statement of goals, policies, and quantified objectives; and -- a discussion of scheduled programs for the preservation, improvement and development of housing. A. Needs Identification The identification and analysis of needs and the inventory of resources must include each of the following: 1. An analysis of population and employment trends and docu- mentation of projections and quantification of the -5 - locality's existing and projected housing needs for all income levels. The quantified needs must, of course, include the locality's share of the regional need deter- mined in accordance with the process described above. 2. An analysis of household characteristics, including a com- parison..of. household incomes with housing costs, and housing characteristics, including condition and overcrowding. 3. An inventory of land suitable for residential development, including vacant sites and sites having potential for rede- velopment, and an analysis of the relationship of zoning and public facilities and services to these sites. 4. An analysis of potential and actual governmental constraints on meeting housing needs, including land use controls, build- ing codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures. It is our view that this analysis, to be useful, should distin- guish between those governmental constraints which are necessary, even in the face of identified housing needs, for the protection of the public health, safety or welfare, and those which could be modified to lessen their negative effects on the provision of housing goods and services.8 5. An analysis of nongovernmental constraints, including the avail- ability of financing, the price of land, and the cost of con- struction. Obviously, the analyses of governmental and nongovernmental con- straints will be closely intertwined. It is apparent, for example, that the cost of land will depend to a great extent on the zoning, density requirements and other development standards. Thus, where nongovernmental constraints are identifed as obstacles to meeting housing needs, governmental constraints may, upon analysis, be shown to be the real culprit which should be addressed in the housing program. 6. An analysis of special housing needs, such as those of the handicapped, elderly, large families, farmworkers, and female - headed households. We think that this discussion will be most useful if it is confined to those characteristics of such groups which have implications for housing program design, as opposed to a complete exposition of the census data which describe them.: 7. An analysis of opportunities for energy conservation with respect to residential development. An important part of this investiga- tion should be a comparison, from the perspective of the housing -6 - consumer, of the cost of amortizing the energy conserving devices and construction techniques with the utility cost savings which will result from them. Of course, localities can do many things, such as locating housing close to jobs, encouraging common wall and high density construction, reducing streetwidths, and the like, which will conserve nonrenewable energy resources and reduce housing or other household costs. In any case, the critical point is that attention to energy conservation should not result in making housing less affordable. B. Goals, Policies, and Objectives With respect to the second major component of the housing element, the goals, policies and quantified objectives, the preliminary issue is the extent to which the quantified objectives ought to equal the community's needs. AB 2853 is explicit in its statement that where resources and the pressure of competing needs can be shown to make it infeasible to meet the entire need, a reduced level of anticipated performance is acceptable. However, the standard is that objectives "should establish the maximum number of housing units that can be constructed, rehabilitated, and conserved over a five-year time frame." C. Housing Program The third, and in our view, the most important part of the housing element, is ti :'hat AB 2853 calls the "program," which must be "a five- year schedule of actions 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 adminis- tration of land use and development controls, provision of regulatory concessions, and incentives, and the utilization of appropriate federal and state financing and subsidy programs when available." More explicitly, the program must: 1. Identify adequate sites which will be made available through appropriate zoning and development standards and with public services and facilities needed to facilitate and encourage the development of a variety of types of housing for all income levels, including rental housing, factory -built housing and mobilehomes, in order to meet the community's housing goals, This provision is critical to the overall approach of AB 2853. It requires that the inventory developed in the needs analysis portion of the element be considered in the light of other constraints. That is, in the inventory section the jurisdiction should look at land without regard for governmental constraints to reach a conclusion about its physical capacity to provide sites for residential development. In the program section, the analysis should proceed to a consideration of how local land use controls and available infrastructure resources can best be -7 - employed to maximize the utilization of such sites. 2. Assist in the development of adequate housing to meet the needs of low- and moderate -income households. 3. Address and, where appropriate and legally possible, remove governmental constraints to the maintenance, improvement, and development of housing. 4. Conserve and improve the condition of the existing affordable housing stock. 5. Promote housing opportunities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, or color. There is a broad array of possible housing programs that a locality may under- take to satisfy these criteria. As is apparent from these requirements and the statutory language noted above, the housing program will involve two major aspects: (1) the maximum utilization of federal and state housing financing and subsidy programs, and (2) the maximum use of local powers in order to conserve and create affordable housing stock through code enforcement, zoning, regulation of the development process, etc. 5. Relationship of AB 2853 to Other Land Use Bills Several other very important land use bills were enacted in 1980 which must be considered in conjunction with AB 2853. They are discussed below. A. Affirmative Zoning (AB 2320) AB 2320, which took effect January 1, 1981, requires that localities zone sufficient vacant land for residential use in relation to zoning for nonresidential use at standards and densities appropriate to meet housing needs identified in the General Plan (Chapter 4.2 of the Government Code). In effect, this means that a locality must zone to allow for the development of housing affordable to all economic segments consistent with its needs as identified in the. Housing Element. This requirement is a strong reiteration of the requirement of AB 2853 that the locality identify adequate sites which will be made available through appropriate zoning and development standards for a variety of types of housing for all income levels in order to meet the community's housing goals. Under AB 2320, the locality's authority to regulate subdivi- sions is also limited, insofar as the locality must refrain from imposing criteria for the purpose of rendering infeasible the develop- ment of housing for all economic segments of the community. This provision parallels and underscores the requirements of AB 2853 that the administration of land use and development controls be directed towards achieving housing goals. -8- B. Zoning for Mobilehomes (SB 1960) SB 1960, which becomes operative on July 1, 1981, provides for the placement of mobilehomes in single-family residential zones. It declares that a city (including a charter city) or county shall not prohibit the installation of mobilehomes on a permanent foundation on lots zoned for single family dwellings. However, a locality may comply with this requirement by designating certain lots zoned for single family dwellings for mobilehome use, which lots are determined to be compatible for mobilehome use. Mobilehomes will be subject to no more restrictive development standards than apply to conventional single-family dwellings; however, these standards cannot have the effect of totally precluding mobilehomes. (Government Code Section 65823) One of the questions that has been raised regarding SB 1960 is the number of lots that a locality must designate as compatible for mobilehome use, in order to comply with the new law. To answer this question, SB 1960 must be read within the context of the new housing element law. AB 2853 requires that in order to meet identified housing needs, the Housing Element must identify adequate sites which will be made available through appropriate zoning and development standards for the development of housing for all income levels, including factory - built housing and mobilehomes. Thus, to the extent that there is a need for low- and moderate -income housing which is not being met through other housing programs and which could be met through the provision _of mobilehomes, the i_ocal i ty must zone an amount of single family . residential land for mobilehomes commensurate with such need. The Department's legal interpretation of SB 1960 is attached. C. Evidentiary Presumptions in Growth Limitation Ordinances (AB 3252) AB 3252, which took effect January 1, 1981, establishes a legal pre- sumption that a growth limitation ordinance has an impact on the supply of residential units in a jurisdiction and surrounding areas (Section 669.5 of the Evidence Code). If such an ordinance is challenged, a locality bears the burden of providing that the ordinance is necessary for the protection of the public health, safety, or welfare of the locality. (Certain ordinances are exempt.) This relates directly to the provisions of AB 2853 calling for the analysis and removal of governmental constraints to the development of housing. Taken together, AB 3252 and AB 2853 preclude growth limitation ordinances which reduce housing production in the face of significant housing needs unless such ordinances are justified by substantial and tangible threats to the public health and safety. -9 - Although we have attempted here only the briefest summary of the provisions of AB 2853 and related land use legislation, it is apparent that the State, Councils of Governments and, particularly, cities and counties have clear responsibilities to provide housing for present and future residents of the state and each of its jurisdictions. If we can be of assistance in explor- ing the details of these requirements, please contact Dave Williamson at (916) 445-4725. I. Dna1• Ternr Di r/ctor • • -10- Notes: 1. Government Code Section 65302 provides that "the requirements of this Section shall apply to charter cities." 2. Government Code Section 65302. 3. Section 65302 of the Government Code currently provides in relevant portion that the general plan shall include, among other elements: "A housing element, to be developed pursuant to regulations established under Section 50459 of the Health and Safety Code, consisting of standards and plans for the improvement of housing and for provision of adequate sites for housing. This element of the plan shall make adequate provision for the housing needs of all economic segments of the community. Such element shall consider all aspects of current housing technology, to include provisions for not only site -built housing, but also manufactured housing, including mobilehomes and modular homes." 4. See Note 3 above. 5. AB 2853 provides that "each city, county, and city and county shall consider the guidelines adopted by the Department of Housing and Community Development pursuant to Section 50459 of the Health and Safety Code in preparation and amendment of the housing element pursuant to this article. Such guidelines shall be advisory to each local government in order to assist it in the preparation of its housing element." 6. Section 5 of AB 2853.provides that "Section 2 of this act shall become operative October 1, 1981." 7. California Constitution, Article IV, Section 8C(1) and (2). 8. See Section 669.5 of the Evidence Code with respect to growth control ordinances. • • STATE OF CALIFORNIA t✓ EDMUND G. BROWN JR., Governor DEPARTMENT OF HOUSINb AND COMMUNITY DEVELOPMENT January 23, 1981 TO: ALL INTERESTED PARTIES: FROM: Carolyn Burton, Deputy General Counsel RE: Department's Legal Interpretation of SB 1960 In 1980 the Legislature passed and Governor Brown signed into law SB 1960 (Rains) which provides for mobilehomes in single family residential zones (Chapter 1142, Statutes of 1980). Currently, many localities exclude mobilehomes entirely, or restrict their location to mobilehome parks. This new law, which will take effect on July 1, 1981, assures that mobilehomes will have a place in every California community. In summary, the new statute precludes prohibition by a city or county of installation of newer mobilehomes (built since 1974) which are installed on permanent foundations on lots zoned for single-family residences. Alternatively, the locality may designate sites for mobilehomes in single family zones. The local jurisdiction may apply setback, sideyard, parking, and other development standards which it would apply to a conventional house on the same lot. Architectural standards may be applied to the mobilehome which deal specifically with roof overhang, and roofing and siding materials. Excerpts of the new law are attached. A number of questions have arisen regarding the proper interpretation of this law. These questions, and the legal interpretation of the Department of Housing and Community Development follow. 1. Must mobilehomes meeting the standards of the bill be allowed on every lot in single family zones? Yes --except that the locality may designate specific sites in single family zones for mobilehome use as an alternative approach. However, the number of single family sites excluded from use by mobilehomes is limited by several considerations, most importantly, housing element requirements. The first sentence of the new law is a general proscription against prohibiting mobilehomes (meeting the specified standards) on lots zoned for single family dwellings. However, the second sentence provides an alternative approach: the city may designate lots zoned for single family dwellings for mobilehome use, which lots are determined to be compatible for mobilehome use. If a locality utilizes this approach and does designate single family lots for mobilehome use, it is not required to allow mobilehomes on every lot zoned single family. -1- • 0 .The empirical basis for determining the number of lots designated for mobilehome use is in the locality's housing element. Statutory requirements for a local housing element --whether prepared pursuant to Government Code Section 65302(c) and the Housing Element Guidelines or the new Article 10.6, commencing with Section 65580, of the Government Code (AB 2853) --require a locality to consider mobilehomes and provide adequate sites with zoning to allow for mobilehomes. To the extent that there is a need for low and moderate income housing, and these needs are not being met through other housing programs, the locality must zone an amount of residential land for mobilehomes commensurate with such .need. Furthermore, in order to withstand an equal protection challenge (see questions 5 and 6 below) the locality should designate all lots which are equally compatible for mobilehome use and be able to point to the characteristics which distinguish lots which were designated from those lots which were not. In practice, since all lots in a zone will generally be equally compatible for the placement df mobilehomes, mobilehomes should be added as an allowable use for an entire single family residential zone. 2. What does it mean that a locality may designate lots "which lots are determined to be compatible for such mobilehome use"? The word "compatible" is not defined and, therefore, the locality may exercise its own judgment in determining compatibility. However, there must be a rational basis for this determination. In complying with this provision,, the local jurisdiction should establish the components for a compatibility standard and, prior to designating single family lots for mobilehome use, determine that the lots meet this standard. The jurisdiction may wish to make findings to this effect. Generally, sites will be compatible for mobilehome use if mobilehomes will meet the existing zoning and subdivision requirements. The fear that the placement of a mobilehome on a lot might have a negative economic effect on surrounding lots does not mean that it is an incompatible land use. Additional criteria that the city could consider in making the determination are probably limited to architectural and historical factors. The litmus test would be that the mobilehome would appear "totally out of place". Illustrative examples of mobilehome non -compatibility based on these criteria might be in -fill lots in an historic preservation area or an area composed of Victorian -styled structures. These situations invoke both of the criteria noted above. Other older neighborhoods composed of large two-story residences, although containing a variety of styles, might likewise be architecturally incompatible for mobilehomes. A word of caution, however. As the state of the art progresses, mobilehomes may be designed which will be totally compatible with Victorians or other architectural types. Thus, compatibility may be reduced to simply meeting existing zoning and subdivision requirements. This standard provides the necessary rational basis and is easy to apply. Since it also reflects the subsequent requirement of the statute that the locality may subject the -2- a mobilehome to the same development standards that apply to a conventional single family dwelling, this standard would not be subject to legal challenge. 3. Does the zoning for mobilehome parks or subdivisions comply with the new law? A locality may continue to zone for mobilehome parks or subdivisions. However, such zoning will meet the requirements of the new statute only if conventional single family structures are also allowed in such zones. Where such mobilehome park or subdivisions exclude conventional single family residences, the locality would still be required to allow mobilehomes in single family zones or designate lots in single family zones for mobilehomes. 4. What is the relationship between the new law and the Mobilehome Parks Act with respect to use permits? The Mobilehome Parks Act sets standards for the design and use of mobilehome parks and provides for state or local enforcement. Health and Safety Code Section 18300(g)(3) states that the provisions therein do not prevent a jurisdiction from requiring a use permit for a mobilehome which is installed outside of a mobilehome park. While SB 1960 did not explicitly repeal Section 18300(g)(3), a local requirement of a use permit for a mobilehome in a single family residential zone is inconsistent with the new law. The first sentence of the new statute precludes a locality from prohibiting mobilehomes on lots in single family zones. Requiring a use permit implies possible prohibition of the mobilehome use since the request for a permit could be denied. Therefore, subsequent to the passage of SB 1960, a use permit for a mobilehome should not be required. This is likewise true if the locality opts for the alternative of designating single family lots for mobilehome use. Once the site has been designated, there is no need for a use permit. If the permit were granted, it would be superfluous; if the permit were denied, the locality would be in violation of the statute. With respect to conditional use permits, conditions relating to factors other than the fact that the structure is a mobilehome can be required if such conditions are likewise applied to conventional construction. This is consistent with the express statement that mobilehomes may be subjected to the same development standards as are placed on conventional single family dwellings. 5. Does the new statute require a city or county to "spot zone"? "Spot zoning" is the practice of restricting a small parcel as an "island" and giving it less rights than surrounding properties where no rational reason exists for such a restriction. The classification would be discriminatory, i.e., in violation of the equal protection clause. A property that is favored by allowing additional uses is not spot zoning since the property has not been discriminated against. -3- • . s The new law does not intend for localities to designate lots in single family zones exclusively for mobilehome use. Sites identified for mobilehome use should be available for conventional construction as well. In effect, the permitted uses on the property have been expanded to include mobilehomes. The property has therefore been treated favorably by allowing an additional use, and not discriminated against. This is not spot zoning. 6. Can the property owner whose single family lot is not zoned for mobilehomes allege discrimination? A property owner who wants to place a mobilehome on a lot where such use is prohibited, could argue that the property has been discriminated against if other, similarly situated properties, were designated for mobilehome use. While a locality has a great deal of discretion in exercising its zoning authority, the judicial test for determining whether a zoning classification violates equal protection standards is as follows: 1. The property owner challenging the regulation must demonstrate that his or her property stands in precisely the same relationship as those properties receiving preferential treatment (i.e., those where mobilehomes are an additional use); and 2. The more narrow zoning classification must not have been made on zn arbitrary basis, but rather must be based upon some distinction which justifies the differential treatment. Meeting this standard should not be a problem for a locality in complying with the new law since this is the same standard that must be applied in traditional zoning practices. It simply means that the designation of sites for mobilehome use must have some rational basis. This basis will probably be the same as the locality's determination of compatibility. For example, if very narrow in -fill lots in urban areas are rejected for mobilehome use as not "compatible" (because of the need for a larger lot), the rational basis test would be met. On the other hand, in suburban residential areas where there is large lot zoning, there may be no basis -for determining one lot is compatible, another is not. In this situation, the most appropriate way to designate lots for mobilehome use may be the adoption of a mobilehome overlay permitting mobilehomes on all lots in the particular single family zone. 7. Does the new law nullify covenants, conditions and restrictions on property which prohibits mobilehomes? No. Restrictive covenants prohibiting mobilehomes on residential lots (entered into either before or after passage of the bill) are not directly affected by SB 1960.. The courts have upheld covenants restricting the use of property in the face of more expansive zoning requirements. (See Legislative Counsel Opinion No. 16044, 11/17/80, affirming this view.) However, the department has issued an opinion indicating that restrictive covenants prohibiting mobilehomes may be unenforceable and that SB 1960 adds additional support for this view. -4- • • Courts have refused to enforce restrictive covenants where, due to "changed conditions", it would be oppressive and inequitable to the property owner to do so. For example, this might occur where a property is restricted to single family residential use and, over a period of years, the neighborhood has changed from residential to commercial. Maintaining the lot as residential no longer benefits surrounding properties (for whose protection the covenant was entered into in the first place) and imposes a hardship on' the owner of the restricted property. Rezoning of surrounding areas to commercial is one of the factors of "changed conditions" that a court could consider in deciding whether or not to enforce the restriction. By analogy, the rezoning of a "compatible" area to allow mobilehomes pursuant to SB 1960, could be a factor used by a court to determine whether changed conditions render a restriction against mobilehomes unenforceable. The new law is also evidence that such restrictions are contrary to public policy, a factor to be considered by the court in deciding whether a restriction should be enforced. Covenants prohibiting mobilehomes may also be narrowly interpreted by the courts to apply only to older mobilehomes rather than newer mobilehomes--many of which are visually indistinguishable from conventionally -constructed homes. This interpretation would be consistent with a general judicial rule to interpret such restrictions in a manner which limits encumbrances on property. [The department's legal opinion analyzing the enforcability of these covenants is available upon request.] 8. Does the new statute apply to charter cities and counties? Yes. State zoning law only applies to general law cities and counties unless there is specific language applying the provision to charter jurisdictions. (See, for example, Government Code Sections 65804 and 65918.) The new law contains such a provision, explicitly applying it to' charter cities and counties. -5- Assembly Bill No. 2853 CHAPTER 1143 1` An act to amend Section 65302 of, and to add Article 10.6 (com— mencing with Section 65580) to Chapter 3 of Division 1 of Title 7 of the Covernrnent Code relating to local planning. (Approved by Governor September 26, 1980. Filed with Secretary of State September 26, 1980.) LEGISLATIVE COUNSELS DIGEST Al) 2853, Boos. Local planning: mobilehome parks and' housing elements. (I) Existing law authorizes the legislative body of a county or oily to regulate by zoning ordinance the various uses to which property .within the jurisdiction may be put, and requires the legislative body to establish a planning agency to, among other things, develop and maintain a general plan. • This bill would require the Department of Homing and Community Development, within 30 days after the effective date of this bill, to prepare and send to each county and city a questionnaire requesting prescribed information concerning the zoning regulations applicable to mobilehome parks, and would require the department to. evaluate and report to the Legislature on the information received on or before July 1, 1981. (2) Existing law requires the adoption by every county and city of a local general plan, including a housing element. Under present law, the housing element is required to make adequate provision for the housing needs of all economic segments of the community. Under present law, there are no specific time limitations for periodic revision of the housing element, and the Office of Planning and Research may grant limited time extensions for completion of the clement. This bill would enact substantially more detailed requirements for the housing clement and, among other things, would require counties and cities to plan in the housing element for mooting their "appropriate share of the regional demand for housing,'' as determined pursuant to a specified procedure involving the council of governments for the region, the state's Department of blousing and Community Development, or the department alone in areas not having such a council. The bill would require each county and city to conform its housing clement to the bill on or before October 1, 1981. The bill would require every city and county to revise its housing element, as specified at least every 5 years, except that the first revision would be due by July 1, 1984. (3) Under existing law, Sections 2231 and 2234 of the Revenue and Taxation Code require the state to reimburse local agencies and 211-1(X) N 1)6111ed 10-21,411 51x) . (;h. 1143 —2— — 3 — Ch. 1143 school districts for certain costs mandated by the state. Other provisions require the Department of Finance to review statutes disclaiming these costs and provide, in certain cases, for making claims to the State Board of Control for reimbursement. The statutory provisions requiring reimbursement will be supplemented by a constitutional requirement of reimbursement effective for statutes enacted on or after July 1, 1980. This bill provides that no appropriation is made by this act pursuant to the constitutional mandate or Section 2231 or 2234, but recognizes that local agencies and school districts may pursue their other available remedies to seek reimbursement: for these costs. The people of the State of California do enact as follows: 10(; TION 1. '1'lie Department of blousing and Community I. .. 'clopment shall within 30 days after the effective elate of this section prepare and send to each county and city a questionnaire requesting the following information: (1) The number- of mobilehome parks within the jurisdiction, and the authorized nuruber of mobilehome sites in each park. (2) The number of requests or permit applications for change of use of the mobilehome park. (3) The number of applications for the establishment of new mobilehome parks. . (4) The disposition of requests or permit applications for change of use of mobilehome parks or applications for the establishment of new mobilehome parks and the reasons for denial of such requests or applications. (5) The availability of land within the jurisdiction that may be appropriate for establishment of mobilehome parks. (6) local established practices, policies, and ordinances concerning change of use of mobilehome parks. Local efforts and policies for reducing the incidence of change e of mobilehome parks within the jurisdiction. The information specified in paragraphs (1) to (4), inclusive, shall cover the period from January 1, 1979, through December 31, 1979. The information specified in paragraphs (5) to (7), inclusive, shall reflect current conditions and circumstances as of the time of the completion of the questionnaire. The department shall prepare and submit a written report to the Legislature on or before July 1, 1981, containing an evaluation of the information received in response•to the questionnaire. This section shall apply to charter cities and counties as well as general law cities and counties. • SEC. 2. Section 65302 of the -Government Code is amended to read: • 65302. The general plan shall consist of a statement of development policies and shall include a diagram or diagrams and text setting forth objectives, principles, standards, and plan proposals. The plan shall include the following elements: (a) A land use ('lenient which designates the proposal general distribution and general location And extent of the uses of the land for housing, business, industry', open space, inclucling; agriculture., natural resources, recreation, and enjoyment of scenic beauty, education, public buildings and grounds, solid and liquid waste disposal facilities, and other categories of public and private uses of land. The land use element shall include a statement of the standards of population density and building intensity recommended for the various districts and other territory covered by the plan. The land use elernent shall also identify areas covered by the plan which are subject to flooding and shall be reviewed annually with respect to such areas, (b) A circulation clement consisting of the general location and extent of existing and proposed major thoroughfares, transportation routes, terminals, and other local public utilities and facilities, all correlated with the land use clement of the plan. (c) A housing element as provided in Article. 10.6 (commencing with Section 63580). (d) A conservation element for the conservation, development, and utilization of natural resources including water and its hydraulic force, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals, and other natural resources. 'That portion of the conservation element. including waters shall be developed in coordination with any countywide water agency and with all district and city agencies which have developed, served, controlled or conserved water for any purpose for the county or city for which the plan is prepared. The conservation element may also cover: (1) The reclamation of land and waters. (2) Flood control. (3) Prevention and control of the pollution of streams and other waters. • (4) Regulation of the use of land in stream channels and other areas required for the accomplishment of the conservation plan. (5) Prevention, control, and correction of the erosion of soils, beaches, and .shores. (6) Protection of watersheds. (7) The location, quantity and quality of the rock, sand and gravel resources. The conservation element shall be prepared and adopted no later than December 31, 1973. (e) An open -space element as provided in Article 10.5 (commencing with Section 65560) of this chapter. • (f) A seismic safety element consisting of an identification and appraisal of seismic hazards such as susceptibility to surface ruptures from faulting, to ground shaking, to ground failures, or to effects of seismically induced waves such as tsunamis and ;oldies. Ch. 1143 —5— Ch. 1143 The seismic safety element shall also include an appraisal of mudslides, landslides, and slope stability as necessary geologic hazards that rust be considered simultaneously with other hazards such as possible surface ruptures from faulting, ground shaking, ground failure and seismically induced waves. To the extent that a county's seismic safety clement is sufficiently detailed containing appropriate policies and programs for adoption by a city, a city may adopt that portion of the county's seismic safety clement that pertains to the city planning area within the county's jurisdiction, in satisfaction of this subdivision. in adopting a county seismic safety element, a city shall follow all iequiremenis regarding the content and adoption of general plan elements as set forth in this article and Article 6 (commencing with ' 'etion 65350) of this chapter. uh county and city shall submit to the Division of Mines and .eology of the Department of Conservation one copy of the seismic 0 safety clement and any technical studies used for developing the seismic safety 'clement. (g) A noise element, which shall recognize guidelines adopted by the Office of Noise Control pursuant to Section 46050.1 of the Health and Safety Code, and which quantifies the community noise environment in terms of noise exposure contours for both near- and long-term levels of growth and traffic activity. Such noise exposure information shall become a guideline for use in development of the land use element to achieve noise compatible land use and also to provide.baseline levels and noise source identification for local noise ordinance enforcement. The sources of environmental noise considered in this analysis shall include, but are not limited.to, the following: (1) highways and freeways. (2) Primary arterials and major local streets. (3) Passenger and freight on-line railroad operations and ground 0u1 transit systems. 4) Commercial, general aviation, heliport, hclistop, and military airport operations, aircraft overflights, jet engine test stands, and all other ground facilities and maintenance functions related to airport operation. (5) Local industrial plants, including, but not limited to, railroad classification yards. (6) Other ground stationary noise sources identified by local agencies as contributing to the community noise environment. The noise exposure information shall he presented in terms of noise contours expressed in community noise equivalent level (CNE1.,) or day -night average level (l,i„). CNEL means the average equivalent A -weighted sound level during a 24 -hour day, obtained after addition of five decibels to sound levels in the evening from 7 p.m. to 10 p.m. and after addition of 1t) decibels to sound levels in the night before 7 a.rn. and after 10 p.m. L,i„ means the average equivalent A -weighted sound level during a 24 -hour clay, obtained after addition of 10 decibels to sound levels in the right before 7 a.nr. and after 10 p.m. The contours shall be shown in minimum increments of 5db and shall continue down to 60db. 1'or areas deemed noise sensitive, including, but not limited to; areas containing schools, hospitals, rest homes, long-term medical or mental care facilities, or any olhi r land -use areas deemed noise, sensitive by the local jurisdiction, the noise exposure shall be determined by monitoring. A part of the noise element shall also include the preparation of a community noise exposure inventory, current and projected, which identifies the number of persons exposed to various levels of noise throughout the community. The noise clement shall also recommend mitigating measures and possible solutions to existing and foreseeable noise problems. The state, local, or private agency responsible for the,• construction, maintenance, or operation of those transportation, industrial, or other commercial facilities specified in paragraph 2 of this subdivision shall provide to the local agency producing the general plan, specific data relating to current and projected levels of activity and a detailed methodology for the development of noise contours given this supplied data, or they shall provide noise contours as specified in the foregoing statements. It shall be the responsibility of the local agency preparing the general plan to specify the manner in which the noise clement will he integrated into the city or county's zoning plan and tied to the land use and circulation elements and to the local noise ordinance. The noise clement, once adopted, shall also become the guideline for determining compliance with the state's noise insulation standards, as contained in Section 1092 of Title 2.5 of the California Administrative Code. (h) A scenic highway element for the. development, establishment, and protection of scenic highways pursuant to the provisions of Article 2.5 (commencing with Section 260) of Chapter 2 of Division 1 of the Streets and Ilighways Code. (i) A safety element for the protection of the community from fires and geologic hazards including features necessary for such protection as evacuation routes, peak load water supply requirements, minimum road widths, clearances around structures, and geologic hazard mapping, in areas of known geologic hazards. The requirements of this section shall apply to charter cities. SEC. 3. Article 10.61 (commencing with Section 65580) is added to Chapter 3 of Division 1 of Title 7 of the Government Code, to read: Article 10.6. Housing Elements 65580. The Legislature finds and declares as follows: (a) The availability of housing is of vital statewide importance, Ch. 1143 —7— Ch. 1143 and the early attainment of decent housing and a suitable living environment for every California family is a priority of the highest order. (b) The eat ly attainment of this goal requires the cooperative participation of government and the private sector in an effort to expand housing opportunities and accommodate the housing needs of Californians of all economic levels. (c) The provision of housing affordable to low- and moderate -income households requires the cooperation of all levels of government. (d) Local and state governments have a re4)onsibility to use the powers vested in them to facilitate the • improvement and development of housing to make adequate provision for the housing needs of all economic segments of the community. (c) The legislature recognizes that in carrying out this •)onsibility, each local government also has the responsibility to consider economic, environmental, and fiscal factors and community goals set forth in the general plan and to cooperate with other local governments and the state in addressing regional housing needs. 65581. It is the intent of the legislature in enacting this article: (a) To assure that counties and cities recognize their responsibilities in contributing to the attainment of the state housing goal, (h) To assure that counties and cities will prepare and implement housing elements which, along with federal and state programs, will trove toward attainment of the state housing goal. (c) To recognize that each locality is best capable of determining what efforts are required by it to contribute to the attainment of the state housing goal, proJided such a determination is compatible with the slate housing goal and regional housing needs. (d) To ensure that each local government cooperates with other local governments in order to address regional housing needs. 65582. As used in this article: iiit) "Community," "locality," '.local government," or isdiction" means a city, city and county, or county. (h) "Department" means the Department of housing and Community I.)evclopnlent. . (c) "Ilousing element" or "element".means the housing element of the community's general plan, as required pursuant to this article and subdivision (c) .of Section 65302. • 65583. The housing clement shall consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies, gmmantified objectives, and scheduled programs for the preservation, improvement, and development of housing. The housing clement shall identify adequate sites for housing, including rental housing, factory -built housing, and mobilehomes, and shall snake adequate provision for the existing and projected needs of all economic segments of the community. -The element shall contain all of the following: (a) An assessment of housing needs and an inventory of resources and constraints relevant to the meeting of these needs. The assessment and inventory shall include the. following: (i) Analysis of population and employment trends and documentation of projections and a quantification of the locality's existing and projected housing, needs for all income levels. Such existing and projected needs shall include the locality's share of the regional housing need in accordance with Section 65584. (2) Analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition. (3) An inventory of land suitable for residential development, including vacant sites and sites having potential for redevelopment, and an analysis of the relationship of zoning and public facilities and services to these sites. (4) Analysis of potential and actual governmental constraints upon the maintenance., improvement, or development of housing for all income levels, including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures. (5) Analysis of potential and actual nongovernmental constraints upon the maintenance., improvement, or development of housing for all income levels, including the availability of' financing, the price of land, and the cost of construction. (6) Analysis of any special housing needs, such as those of the handicapped, elderly, large families, farmworkers, and families with female heads of households. (7) Analysis of opportunities for energy conservation wit respect to residential development. (b) A statement of the community's goals, quantified objectives, and policies relative to the maintenance, improvement, and development of housing. It is recognized that the total housing needs identified pursuant to subdivision (a) may exceed available resources and the community's • ability to satisfy this need within the content of the general pion requirements outlined in Article 5 (commencing with Section 653(X)). Under these circumstances, the quantified objectives need not be identical to the identified existing housing needs, but should establish the maximum number of housing units that can he constructed, rehabilitated, and conserved over a five-year time frame. (c) A program which sets forth a five-year schedule of actions 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 administration of land use and development controls, provision of regulatory concessions and (1 . I113 ---1;___ — 9 _ Ch. 1143 incentives, and the utilitzation of appropriate federal and state financing and subsidy programs when available. In order to make adequate provision for the housing needs of all economic segments of the community, the program shall do all of the following: (1) Identify adequate sites which will be made available through appropriate zoning and development standards and with public service•, and facilities needed to facilitate and encourage.: the development of a variety of types of housing for all income levels, including rental housing, factory built housing and rnobilehomes, in order to meet the community's housing goals as identified in subdivision (14. (2) Assist in the, development of adequate housing to meet the needs of low- and moderate -income households. (3) Address and, where appropriate and legally possible, remove IDrninental constraints to the maintenance, improvement, and e elopment of bc>using;. (4) Conserve and improve the condition of the existing affordable housing stock. (5) Promote housing opportunities for all persons regardless of t:tee, religion, sex, marital status, ancestry, national origin, or color. 'flue program shall include an identification of the agencies and officials responsible for the implementation of the various actions mid the means by which consistency will be achieved with other general plan elements and community goals. The local government shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the • housing element, and the program shall describe this effort. 65584. (a) l."or purposes of subdivision (a) of Section 65583, a locality's share of the regional housing needs includes that share of the housing need of persons at all income levels within the area significantly affected by a jurisdiction's. general plan. The distribution of regional lsrnising needs shall, based upon available data, take into consideration market demand for housing, ovrnent opportunities, the availability of suitable sites and p is facilities, commuting patterns, type and tenure of housing:; need, and the housing needs of fa rinworkers. The distribution shall seek to avoid further impaction of localities with relatively high )iropor.tions of lower income households. Based upon data provided by they 1)epartusenI of !loosing and Community Development relative to the statewide need for housing, each council of eovernm►ents shall determine the existing and projected housing mee.d for its region. The Department of (lousing and Community I )cvelopment shall ensure that this determination is consistent with tI:c statewide housing need and m►ay revise the determination of the council of governments if necessary to obtain this consistency. Each locality's share shall be determined by the appropriate council of governments consistent with the criteria above with the advice of ,4the department subject to the procedure established pursuant to subdivision (c). (b) For areas with no council of governments, the Department of } lousing and Community 1)eveloprncnt shall determine housing market areas and define the regional housing need for localities within these areas. Where the department determines that a local government possesses the capability and resources and has agreed to accept the responsibility, with respect to its jurisdiction, for the identification and determination of housing market areas and regional housing needs, the department shall delegate this responsibility to the local governments within these areas. (c) Within 90 clays following a determination of a council of governments pursuant to subdivision (a), or the department's determination pursuant to subdivision (h), a local government may revise the definition Of its share of the regional housing need. The revised share shall be based upon available data and accepted planning methodology, and supported by adequate documentation. Within (i0 days of the local government's revision, the council of governments or the department; as the case may b0, shall accept the revision or shall indicate, based upon available data and accepter} planning methodology, why the revision is inconsistent with the regional housing need. The housing clement shall contain an analysis of the factors and circumstances, with all supporting data, justifying the revision. All materials and data used to justify any revision shall be made available upon request by any interested party within 45 days upon payment of reasonable costs of reproduction unless such costs arc waived clue to economic hardship. (d) Any authority to review and revise a local govcrninent's share of the regional housing need granted under this section shall not constitute authority to revise, approve, or disapprove the manner in which the local government's share of the regional housing need is implemented through its housing program. 65505. (a) Each city, county, and city and county shall consider the guidelines adopted by the Department of Housing and Community l)cvelopment pursuant to Section 50459 of the I health and Safety (:ode in preparation and amendment of the housing clement pursuant to this article. Such guidelines shall be advisory to each local government in order to assist it in the preparation of its housing element. (b) At least 90 days prior to adoption of the housing element pursuant to this article and Section 65357, or at least 41 i days prior to the adoption of an amendment to this element, the planning agency of a city, county, or city and county shall submit a draft of the clement or amendment to the Department of 'lousing and Community 1)evelopmcnt. The department shall review drafts submitted to it and report its findings to the planting agency within 90 clays of receipt of the draft in the case of adoption of the housing clement pursu:uil to this article, or within 45 days of receipt of the draft in the case of an amendment. The legislative body shall consider the -Car. 1143 --10-- department's findings prior to final adoption of the housing element or ainenchncnt. (c) Each local government shall provide the department with a copy of its adopted housing clement or amendments. The department (ray review adopted housing elements or amendments and report its findings. (d) Except as provided in Section 65586, any and all findings made by the Department of Housing and Community Development pursuant to subdivisions (b) and (c) shall be advisory to the local government. 655136. •L,ocal governments shall conform their housing elements to the: provisions of this article on or before October 1, 1981. jrrris(licliorrs with housing cicnrerrts adopted before October 1, 1981, in conformity with the housing element guidelines adopted by the I epartrncnt. of 'lousing and Community Development on crnber 7, 1977, and located in Subchapter 3 (commencing encing with ,, .ction 6,300) of Chapter 6 of Part 1- of Title 25 of the California Administrative Code, shall be deemed in compliance with this article as of its effective (late. A locality with a housing element found to be adequate by the department before October 1, 1981, shall he deemed in conforririty with these guidelines. . 65587. (a) Each city, county, or city and county shall bring its housing elenreut, as required by subdivision (c) -of Section 65302, into conformity with the requirements of this article on or before October 1, 1981. No extension of time for such purpose may be granted pursuant to Section 65302.6, notwithstanding its provisions to the contrary. (b) Any action brought by any interested party to review the conformity with tire provisions of this article of any housing element or portion thereof or revision thereto shall be brought pursuant to Section. 1085 of the Code of Civil Procedure; the court's review of compliance with the provisions of this article shall extend to whether the housing clement or portion thereof or revision thereto i� sorurbly com plies with the requirements of this article. 88. (a) Each local government shall review its housing c ement as frequently ns appropriate to evaluate all of the following: 0 (1) 'I'lre appropriateness of the housing goals, objectives, and policies in contributing to the attainment of the state housing goal. (2) The effectiveness of the housing element in attainment of the community's housing goals and objectives. (3). The progress of the city, county, or city and county in implementation of the housing clement. (b) The housing element shall be revised as appropriate, but not less than every five years, to reflect the results of this periodic review, except that the first such revision shall be accomplished by July 1, 1 ¶1134. 65 5139. (a) Nothing in this article shall require a city, county, or city and county to do any of the following: — 11 -- Ch. 1143 (1) Expend local revenues for the construction of housing, housing subsidies, or land acquisition. (2) Disapprove any residential development which is consistent with the general plan. (b) Nothing in this article shall be construed to be a grant of authority or a repeal of any authority which may exist of a local government to impose rent controls or restrictions on the sale of real property. (c) Nothing in this article shall he construed to be a grant of authority or a repeal of airy authority which may exist of a local government with respect to measures that may, be undertaken or required by a local government to be undertaken to implement the housing element of the local general plan. (d) 'Fire provisions of this article shall he construed consistent with, and in promotion of, the statewide goal of a sufficient supply of decent housing to meet the needs of all Californians. SEC. 4. Notwithstanding Section 22,11 or 22.34 of the Revenue and Taxation Code and Section 6 of Article XiII11 of the California Constitution, no appropriation is made by this act pursuant to these sections. It is recognized, however, that a local agency, or school district may pursue any remedies to obtain reimbursement available to it under Chapter 3 (commencing with Section 2201) of Part 4 of Division 1 of that code. SEC. 5. Section 2 of this act shall become operative October 1, 1981. C) CITY Y ter STATE OF CALIFORNIA EDMUND G. BROWN JR., Governor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF RESEARCH AND POLICY DEVELOPMENT,_ 921 10th Street July. 31, 1981 1=-42 ...t.- C/3r- , ..i ..,,� - CO:i r-''' • �� Janes..E.._..Emmons City Manager La Habra Heights 1245 No: Hacienda b;.3 -La Habra Heights," CA -90631 RE: REVIEW OF THE CITY OF LA.HABRA HEIGHTS ADOPTED HOUSING ELEMENT Dear Mr. Emmons: The Department of Housing and Community Development has reviewed the draft housing element for a recently incorported city, the City of La Habra Heights, received February 2, 1981. Under Section 50459 of the State Health and Safety Code, our Department is authorized to review local housing elements "for conformity with the requirements of Section 54302(c). of the Government Code and Guidelines adopted pursuant thereto." The purpose of our review is to advise the City of any additional information which might need to be taken to -produce a housing element which is in conformity with the 1977 Guidelines. As set forth in t:ie-dousing Element: Guidelines, tine two most importan components of a housing element are: 1) the identification and documentation of housing needs; and, 2) the development of a housing program to address these identified needs. In order to conform to Section 65302(c) of the Government Code, the housing element is to contain "standards and plans for the improvement of housing andfor the provision of adequate sites for housing" and is to make "adequate provision for housing needs of all economic segments of the community." The Guidelines define adequate provision to be "a good faith, diligent effort" to expand housing opportunities. They further provide that such effort is to emphasize use of a wide range of local public powers which impact on housing, including a commitment to pursue and cooperate in available Federal and State programs. _Mr.. Emmons July 31, -1981. - Page 2 Our review of housing elements is a two-step process.-- first, we .look at .the.._--_._". identification of existing needs in terms of affordability, overcrowding,__ ____ rehabilitation, and special and prospective housing needs. Second, we review housing implementation -strategies to see if they address what have been defined as areas of greatest need and evidence commitments to carry out the programs that have been selected. Our review of the City's draft housing element indicates a number of areas within the housing needs data and program description sections that will -need--to -be--expanded "an -order---far-the-element-moo-conform -to-State-Housing Element Law. Our specific comments follow. -: I. HOUSING 1EEu, IDENTIFICATION AND DOCUMENTATION Our review of the housing needs -section indicates several omissions -"in the data base. If a.:housing element is to address the housing needs of all economic segments of .a community, it is essential that the needs be fully defined. With respect to the City's definition of its affordability, rehabilitation, and new construction needs, additional and more current data are availab'e and should be incorporated into your draft. Likewise, more information should be provided with regard to the analysis of market and governmental constraints. There is not sufficient information in the housing element to make an adequate determination .of the nature and extent--- o .eed.._ 0ur__specific comments on_the_.r quir_ed. types of data and adequate sites analysis are contained in the Appendix to this letter. II. HOUSING PROGRAM While an accurate documentation of housing needs is essential, the heart of the housing element lies in those :provisions-relatingto _the development and implementation of a housing program._ To achieve this, Section 6450 of the Housing Element Guidelines requires each housing plan to: 1. identify specific objectives, quantified when possible; 2. describe actions to implement the housing plan (e.g., city council resolution, land acquisition, density bonus); 3. discuss financial sources (e.g., Federal and State programs, local revenue bonds, etc.); 4. identify local agencies or staff members who will have primary responsibility for implementation; and, 5. establish a reasonable time frame for implementation and develop methods of measuring progress. Mr. Emmons __ July 31, 1981 Page 3 In describing its program, a jurisdiction should demonstrate how it intends to use its public powers to address housing needs and include a commitment to participate in available Federal and State housing programs, or indicate the manner in which the locality intends to address its housing needs without such assistance. (Guidelines, Section 6460) Our review of La Habra Heights Housing Element. indicates that the program description section does not meet theaboverequirements. None of the components_of- a_spec.i-fJc -housing .progr_a'n__are._pr.esent:__ _the_.el.ement_ does not contain quantified objectives, implementing actions, .financial sources, =g_n/_ies : Ysp -zh?. Th implementation, or time frames.. The General Plan:_ goes contain cVuuuut tluli:, ent policy statements; however, these ace not sufficient to constitute a program description for housing element purposes: We suggest the City update its baseline data and then proceed to develop specific programs that are targeted to these documented needs. We also note that the element does not contain a description of any programs the City may currently be implementing. If there are any programs already being implemented within the City, they should be described in the revised element. We note that La Habra Heights is within the region of the Southern California Association of Governments (SCAG). The SCAG prepared areawide housing opportunity program calls for localities to address 9% of their affordability needs over a three-year period (an average of 3% per year) . We concur that ""thisis _a reasonable :_objective _.and .that ..it._is _also :a:...__:.... _;. reasonable objective for meeting a community's rehabilitation/replacement reeds. We urge the :city, to consider this objective in the design of its noosing program. The guidelines call foreachlocality to -include as part of its -needs identification effort, a fair share of the housing needs of the market area of which it is a part SCAG has prepared a fair share plan which allocatesto each locality within the SCAG area a fair share of the areawide need. We have been informed that SCAG will have La Habra Height's Fair Share allocation by August 1. Mr. Fred Kahane (213-385-1000) can be contacted for further information. 5. ADEQUATE SITES Section 6456 of the Guidelines requires that each locality must include in its housing element, standards and plans for provision of adequate sites for site -built and factory -built housing and mobilehomes. Sites are adequate only to the extent they provide suitable locations which can collectively accommodate a range of housing (type, size and price) Mr Emmons• - July 31, 1981 Page 4 responsive to the needs-. of _all economic segments of the community. More_ specifically, this analysis should include standards to be used in eval uating the suitability of individual sites for non -market rate housing. In addition, this analysis should clearly ind!cate the collective capac- ity of sites to accommodate an appropriate range of housing and shall include. assurances that both local land use controls and the local infrastructure'of services and facilities are compatible.with the pro- vision of a -range-of housing opportunity and choice suitable to the needs -.-of: al l economic -segments -of -the -community. -community. Section -6446 -prow-ides-- ` that housing elements should -analyze those publid actions which con- - strain the 77aintenalce, improvement, .:or : devel oprnent::of site -built and factory-bui it housing -.and mob_i-lehomes, -:including local land use controls and a variety of related zoning, processing and environmental actions. Information that is pertinent to an analysis of adequate sites includes: - 1. An assessment of the amount of developable land that is needed by density category to accommodate projected housing need by type and tenure of housing unit for market rate and .below market rate housing (both assisted and unassisted). 2_ —An assessment of the-_ade.quacy_nf the supply of dev_elo_pable_Jand to accommodate housing demand and need. 3. An assessment of the potential for developing housing on land currently planned or zoned for : non -residential -usage, -underutilized ----- residential land, redevelopment areas, and publicly -owned surplus land. Where land is in` -short -supply,:; it -may be -necessary .to=do a .parcel -by= parcel _.analysis 4. Specific actions and programs in the housing element to increase capacity (e.g., annexation, rezoning, sewer or water system expansion), where land is in short supply, or found not to be zoned at adequate densities to accommodate the locality's housing needs, or where infra- structure capacity is or will be limited. 5. Descriptions of the standards to be used in evaluating the suit- ability of individual sites for non -market rate housing. For assisted housing, these standards should normally be consistent with federal and state standards and housing program criteria. 6. A description of the standards to be used in evaluating sites for manufactured housing. ' -Mr. Emmons - - July 31, 1981 - Page 5 7. An assessment of whether there are a sufficient number of sites that. • meet federal and state criteria for assisted housing in sufficient quantity to utilize fully government subsidies which are likely -to be available during the time frame of the housing element. Localities should provide adequate sites information for the geographic area(s) where they have land use jurisdictions. III. OTHER TOPICS A. GUIDELINE REQUIREMENTS -- series : c: o:,s n tic. Guidelines have. been either not addressed or only -minimally -discussed, and should be expanded -on in -your revised --Housing Element.- -These include: 1. Public Participation An adopted housing element should describe thepublic participation process used by the City in developing the housing element and the extent to which this process conforms with the provisions contained in Section 6468 of the Guidelines. This section requires that the element be developed through. a_process_;.___ accessible to and involving all economic segments of the community. the housing element should elaborate on the citizen participation process that occurred in the element's preparation. 2. Intergoyernmental Coordination- --Section 6470 of . the Guidelines states- that localities within ::a`: geiiecai housing market area must cooperate on a -continuing. baSiS effectively confront housing need, and that localities can use regional or .sub -regional approaches .toaddress these needs. The element should discuss how the City is working or plans to work with nearby jurisdictions to comply with this requirement. B. RECENT LEGISLATION We have prepared a summary sheet on recent legislation related to housing elements. This material is attached in the Appendix to this.letter. IV. SUMMARY We want to advise localities which intend to comply with .the provisions in Article 10.6 of Chapter 4 of the Government Code (AB 2853) by adopting a housing element that conforms to the 1977 Housing Element Guidelines that the required -revisions noted in this review and Mr. Emmons July 31, 1981 Page 6 subsequent adoption of the document should be accomplished by -- October 1, 1981. -The new statute requires that after- this date, housing elements are to be prepared in accordance with the standards in the statute as opposed to the Guidelines. Thus, jurisdictions which have not adopted elements in accordance with the Guidelines prior to October 1 may have to amend their elements in order to conform to the new statute. We have -noted several areas where the City's Adopted Housing-_Element----- should'be revised and strengthened to conform with the 1977 Housing- �1�_'" e"l idc1 nes and Government Code Section 65302(c) Our staff, - will be • - meet with the city to help work through revisions so `your --housing element -will -meet state -requirements. If you -have any questions, please contact- Michael Estrada- at (916) 322-7681. --- Sincerely, David Williamson Supervisor, Review Section •cc: john R. Huttinger, Planning Advisor Mark Pisano, Executive Director, SCAG.- Western Center for'Law in the Public Interest* Center on . Lash and _Poverty; ;Lnc..* __- *CLPI and WCLP have standing .request on file with HCD to receive -a copy of: all. Office correspondence relating to Housing .Element reviews for jurisdictions in Los Angeles County. We are forwarding a copy of this letter to them in accordance with the public information act. APPENDIX A. HOUSING NEEDS IDENTIFICATION AND DOCUMENTATION Our specific comments with regard to La Habra Height's housing needs documentation are as follows: 1. Background Data The basic .information needed is .as .follows.._ The .information given in numbers, so the needs can be specifically identified. total population and total households, current and five-year projections type of households (elderly, small family, large family)_ and their_ tenure (whetherrenter.or owner) .any spec i.al- needs, such -•as.: handicapped, . farmworkers, .or persons in number, if any, of overcrowded households. - income characteristics of population number income households. of low and moderate 2. Affordability La Habra Height'.s Housing Element should contain data on the numberof low and moderate -income households (those households with income below • ▪ 80% of the County -wide or SMSA median income), that need housing ---- - assi-stance . The Los Angeles County Community Development Department has used 1977 Franchise Tax Board Data to . identify the number (280) of households . in La habra -Heights that are eligible for --Federal -and Section 8. housing programs...... This figure could be one indicator of the affordable housing needs of La 4abra Heights: For.:_additional- information on data .available_ from the Los Angeles Coummunity Development Department contact Wayne Munekiyu (213) 725-7466. Data .should also be provided on housing values and rents to document local .housing .costs. In analyzing housing stock, itis important to determine whether existing and newly constructed owner and renter housing is affordable to low and moderate income households. . Information describing sales price for any new or resale homes, and current rents for any new or existing rental units can be obtained from local sources (e.g. newspaper advertisements, banks, apartment managers, etc.). These data can be used with the income data to document affordability needs. ya A -----3..-- REHABILITATION/REPLACEMENT -9J,- The City should ° vy provide. estimates of it's substandard housing -both. (3 that suitable for rehabilitation and that which requires demolition. Potential data sources include the Los Angeles County Community Development Department, the 1970 Census of Population and Housing, local Building Inspector and/or a windshield survey of the City. . NEW CONSTRUCTION The basic new construction need, based on projected households, .household size, vacancy rates and level of overcrowding, needs to be addressed in the city's housing element. 6. -Market and Governmental -Constraints The La Habra Heights Housing Element should contain an analysis of those p- ivate and public factors which operate to restrict housing__ (Guid(z1.nes Section 6444 and 6446). The discussion of market :constraints should include= -a -housing -cost nalysis which examines the relative cost factors contributing to the sales price and rent of local housing. Information is needed which evaluates the types of housing (single family, multi -family, mobilehome, etc.) which can be provided at different price levels -. within the existing market constraints. This information and analysis will help the City determine which local strategies and programs can be most effective in reducing the cost, or increasing the supply of low and moderate income housing. Factors which should be analyzed are listed in the enclosed handout entitled "Constraints." Current estimates for these factors can be obtained trom-"loca - reaTtors, developers, and-Tiank appraisers. The revised element should also include a discussion of governmental contraints to increasing the housing supply, such as land use controls, infrastructure capacity, local permit approval process, and Article 34. The discussion should include an,_analysis _.of:those pu l ic-.C:ct.;uns which constrain the maintenance, improvement; or development of housing and of what steps the City can take to remove Nor minimize these local regulatory barriers. B. RECENT LEGISLATION We would liketo take this opportunity to inform you of several new laws related to housing elements. Government Code Section 65302(c) and 65580 et seq. (AB.2853) establish some new requirements forthe housing element of the general plan. The new law established, in part, that housing elements adopted prior to October 1, 1981 and in conformity with -the Guidelines, are deemed to be in compliance with the new law. Under the new law, localities must update their elements at least every five years, except that the first revision must be completed by July 1, 1984. A letter which explains the provisions of the new law has been sent under separate cover from our - Department to all cities and counties. • AB 2320, which took effect January -1, 1981,(AB 2320) requires -that localities zone sufficient vacant -land for residential use in relation to zoning for nonresidential use at standards and densities appropriate to meet housing needs identified in the general plan (Government Code Section 65913.1). In effect, this means that a locality must zone to allow for the development of housing affordable to all economic segments of the community consistent with its needs as identified in the housing element. Although not a specific requirment of housing element law, this requirement is a-_..._-._ -strong reiteration of the housing element requirements that -the locality -- —. identify adequate sites which will . be made available through appropriate zoning and development standards for a variety of types of housing for all income levels. in order to meet the community's housing goals. Under Section 65913.2 the locality must refrain from imposing criteria for the purpose of rendering infeasible the development of housing for all economic segments of. the community. This provision parallels and underscores housing element requirements that the administration of land use and development controls be _ ---- directed -towards-achieving -housing- goal s.-. Government Jo _ cJ:' .:585=.3 .and Health and -Safety `Code Section 18300 -(S .1950 which became operative.-on_July.1_,-"1981),- provide -for- the placement -of mobilehomes in single-family residential zones. The law declares that_a ... . city (including a charter city) or county shall not prohibit the installation of moiblehomes on a permanent foundation on lots zoned for single family dwellings. However, a locality may comply with this requirement by designating certain lots zoned for single family dwellings for mobilehome use, which lots are determined to be compatible for mobilehome use. Mobilehomes will be subject to no more restrictive development standards than apply to conventional single family dwellings. However, these standards cannot have the effect of totally precluding mobilehomes. (Government Code Section 65823.3) Housing Element Law requires that in order to meet identified housing needs, the housing element must identify adquate sites which will be made available .through appropriate zoning and developmentstandardsfor the development -of- housin for all income levels, -including factor built housing - 9 � y- g and - ----- -- --- --------- mobilehomes. Thus, to the extent _that there. is a need for .low and moderate income hojsinr whicn is not being met t irough. other housing-:: programs and:.. which could be met through the provision of mobilehomes, the locality must zone an amount of single family residential land for mobilehomes commensurate with such need. 1107 9th St., Suite 700 Sacramento, CA 95814 (916) 446-4024 February 6, 1981 TO: Chairman Board of Supervisors/Mayor County Counsel/City Attorney CAO/City Manager Planning/Community Development Director Chairman, Planning Commission FROM: California Manufactured Housing Association SUBJECT: ;Manufactured Homes in Residential Zones' By now everyone has received a copy:of SB 1960 (Rains) Chapter 1142:, 1980 Statutes and there seems to be some concern as to the.intent and interpretation of =portions_. of.the legislation. Because our association was one of the prime sponsors and prime developers of the language of:_this new law we sincerely hope.that.this memo will be beneficial to .you -in developing ordinances, regula- tions and.policies for placement of manufactured homes._. If you have any additional questions please do not .hesitate one moment in calling us. If time and arrange ments permit we will be:happy to appear at a meeting.or study session if it is desirable. . The sentence at the bottom -,of page 1, .in Section 65852.,3 :.of the chaptered'bill is a compound sentence and should properly. read as two complete sentences as follows: A.city, including a charter city, county, or city.._ and county may subject any such mobilehome and the lot on which it is placed to any or all of the same development standards to which a conventional single, family residential dwelling on the same lot would be subject, etc., etc.. A city, including a charter city, county or city and county may subject any such mobilehome and the lot on which it is placed to any or all architectural, aesthetic requirements, and minimum square footage requirements. The greatest mis-interpretation seems to result from misunderstanding of terminology in common and consistent use today. "Architecture is the art or science of designing and building structures especially habitable ones.". Development in real estate means the unfolding, Residential Zones February 6, 1981 Page 2 making visible or manifesting of real property in some particular fashion. For example, developing a shopping center or subdivision or park are types of real property development. Following in order then,development standards apply to real property and vary for different types of property use. The structures which are placed on said real property are designed and built to architectural controls. It must be remembered, however, that the manufactured home is constructed in a factory in accordance with federal standards (June 1976) some time prior to being located on a site. Conse- quently to exercise the minimum architecturalcontrols provided in the legislation they must be adopted for a given area prior to the home being manufactured. To summarize, a city may well establish byy ordinance that manufactured homes being placed in the XYZ Additon to the City of Q must have roof overhanges, shingle roofs or other than metal siding in order to be compat- ible with existing residences. On the other hand such require- ments if blanketed for an entire city would be unwarranted because in almost every city there exists flat roofed dwellings, or dwellings without overhangs. In additon there are several firms which provide metal roofing and siding to renew and update dwellings in lieu of painting.. or re -roofing with wood shingles. In the great majority of instances cities nor counties have no restrictions against using such materials. The wording of the legislation was intentionally developed to allow maximum flexibility for cities and counties so they could in fact prepare comprehensive ordinances. Some of which might apply to a specific area, some to specific restrictions within specific areas, some to manufactured homes, some to site built homes and some to both. Obviously the test would be one of "reasonableness." One that would not prohibit the useof the manufactured home as a place of residence in single family residential areas which have been determined to be compatible. The word "compatible" is a prime example of intent of flexi- bility. a) One area might already be developed with all red brick homes three stories. high - anything less would be incompatible. b) One area might exist with homes of four thousand. square feet or more anything less would be incompat- ible. c) One residential area of a city might require minimum lot size of one third acre or more. To allow a manufactured home subdivision with minimum lot size of 6600 square feet in the same area is incompatible. Residential Zones February 6, 1981 Page 3 By the same token there are many undeveloped residential areas which would be most appropriate or compatible for manufactured home subdivisions and/or P.U.D.S. of manu- factured home condominiums. Also there are numerous existing vacantlots, parti- cularly in older city areas, where ..literally no one is willing to build a home at today's prices but a manufactured home could easily in -fill thereon making it a productive lot for the city - or at very least, less hazardous. How can single family residential uses within single family resi- dential zones be construed as spot zoning/ spot zoning connotes a zone for a use different from the surrounding zone. Such a policy procedure to disallow manufactured homes or -subdivisions therefore, is inviting real danger and flys in the face of the legislation, as well as equal rights under the law. This parti- cular concern, thankfully, has only been expressed by a very few and is obviously an attempt to discriminate in construction as well as other discriminatory acts. Lastly, over a year ago state laws were enacted permitting manu- factured homes on foundations and taxing them as real property. Since the construction, and insulation of manufactured homes are equivalent to site built homes there were only the foundation and taxation left to be changed, to make them equivalent in every respect. This has been done and now with your help and ours, home ownership for literally thousands will be possible. Enclosed herewith is a recent memo from the Department of Housing which speaks to several concerns of local governments.. Hopefully it too will help when ordinances, regulations and policies are developed. STATE OF CALIFORNIA • EDMUND G. BROWN JR., Governor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT January 23, 1981 TO: ALL INTERESTED PARTIES: FROM: Carolyn Burton, Deputy General Counsel RE: Department's Legal Interpretation of SB 1960 In 1980 the Legislature passed and Governor Brown signed into law SB 1960 (Rains) which provides for mobilehomes in single family residential zones (Chapter 1142, Statutes °of 1980). Currently, many localities exclude mobilehomes entirely, or restrict their location to mobilehome parks. This new law, which will take, effect on July 1, 1981, assures that mobilehomes will have a place in every California community. In summary, the new statute precludes prohibition by a city or county of installation of newer mobilehomes (built since 1974) which are installed on permanent foundations on lots zoned for single-family residences. Alternatively, the locality may designate sites for mobilehomes in single family zones. The local jurisdiction may apply setback, sideyard, parking, and other development standards which it would apply to a conventional house on the same lot. Architectural standards may be applied to the mobilehome which deal specifically with roof overhang, and roofing and siding materials. Excerpts of the new law are attached. A number of questions have arisen regarding the proper interpretation of this law. These questions, and the legal interpretation of the Department of Housing and Community Development follow. 1. Must mobilehomes meeting the standards of the bill be allowed on every lot in single family zones? Yes --except that the locality may designate specific sites in single family zones for mobilehome use as an alternative approach. However, the number of single family sites excluded from use by mobilehomes is limited by several considerations, most importantly, housing element requirements. The first sentence of the new law is a -general proscription against prohibiting mobilehomes (meeting the specified standards) on lots zoned for single family dwellings. However, the second sentence provides an alternative approach: the city may designate lots zoned for single family dwellings for mobilehome use, which lots are determined to be compatible for mobilehome use. If a locality utilizes thisapproach and does designate single family lots for mobilehome use, it is not required to allow mobilehomes on every lot zoned single family. • • The empirical basis for determining the number of lots designated for mobilehome use is in the locality's housing element. Statutory requirements for a local housing element --whether prepared pursuant to Government Code Section 65302(c) and the Housing Element Guidelines or the new Article 10.6, commencing with Section 65580, of the Government Code (AB 2853) --require a locality to consider mobilehomes and provide adequate sites with zoning to allow for mobilehomes. To the extent that there is a need for low and moderate income housing, and these needs are not being met through other housing programs, the locality must zone an amount of residential land for mobilehomes commensurate with such need. Furthermore, in order to withstand an equal protection challenge (see questions 5 and 6 below) the locality should designate all lots which are equally compatible for mobilehome use and be able to point to the characteristics which distinguish lots which were designated from those lots which were not. In practice, since all lots in a zone will generally be equally compatible for the placement of mobilehomes, mobilehomes should be added as an allowable use -for an' entire single family residential zone.. 2. What.does,:it mean that a locality may designate lots "which lots are determined to 6e compatible for such mobilehome use"? The word "compatible" is not defined and, therefore, the locality may exercise its own"judgment in determining compatibility. However, there must be a rational basis for this:determination. In complying with this provision, the local jurisdiction should establish the components for a compatibility standard and, -prior to designating single family lots for mobilehome use, determine that the lots meet this standard. The jurisdiction may wish to make findings to this effect. Generally, sites will be compatible.for mobilehome use if mobilehomes will meet the existing zoning and subdivision requirements. The fear that the placement of a mobilehome on a lot might have a negative economic effect on surrounding lots does -not mean that it is an incompatible land use. • Additional criteria that the city.cou.ld consider in making the determination. are probably limited to architectural and historical factors. The litmus • test would be that the mobilehome would appear "totally out of place". Illustrative examples of mobilehome non -compatibility based on these criteria might be in -fill lots in an historic preservation:area or an -area composed.of Victorian -styled structures. These situations invoke both of the criteria noted above. Other older neighborhoods composed of large two-story.residences, although containing a variety of styles, might likewise be architecturally incompatible for mobilehomes. A word of caution, however. As the state of the art progresses,.mobilehomes may be designed which will be:totally compatible with Victorians or other architectural types. Th ,.compatibility may be. reduced to simply meeting existing zoning -and subdivision requirements. This standard provides the necessary rational basis and is easy to apply: Since it also reflects the subsequent requirement of the statute that the locality may subject the -2- • mobilehome to the same development standards that apply to a conventional single family dwelling, this standard would not be subject to legal challenge. 3. Does the zoning for mobilehome parks or subdivisions comply with the new. law? A locality may continue to zone for mobilehome parks or subdivisions. However, such zoning will meet the requirements of the new statute only if conventional single family structures are also allowed in such zones. Where such mobilehome park or subdivisions exclude conventional single.family residences, the locality would still be required to allow mobilehomes in single family zones or designate lots'in single family zones for mobilehomes. 4. What is the relationship between the new law and the Mobilehome Parks Act with respect fo use permits? The Mobilehome Parks Act sets standards for the design and use of mobilehome parks and provides for state or local enforcement. Health and Safety Code Section 18300(8)(3) states that the-pr-ovisions_therein do not prevent a jurisdiction from requiring a use permit for a mobilehome which is inst-ailed outside of a mobilehome park. While SB 1960 did not explicitly repeal Section 18300(g)(3), a local . requirement of a use permit for a mobilehome in a single family residential zone is inconsistent with the new law. The first sentence of the new statute precludes:a locality from prohibiting mobilehomes on lots in single family zones: Requiring a use permit implies possible prohibition of the mobilehome use -since the request for a permit could -be denied. Therefore, subsequent to the passage of SB 1960, a use permit for a mobilehome should not be required. This is likewise true if the locality opts for the alternative of -designating single family lots for mobilehome use. Once the site has been designated, there is no need for a use permit. If the permit were granted, it would be superfluous; if. the permit were denied, the locality would be in violation of the statute. With respect to conditional use permits, conditions relating to factors other than the fact that the structure is a mobilehome can be required if suchconditions.. are.11ikewise applied to conventional construction. This is consistent with the express statement that mobilehomes. may -be subjected to the same development standards as are placed on conventional single family dwellings. 5. Does the new statute require a city or county to "spot zone"? "Spot zoning" is the practice of restricting a small parcel'as an "island" and giving it less rights than surrounding properties where no rational reason exists for such a restriction. The classification would be discriminatory, i.e., in.violation of the equal protection clause. A property that is favored by allowing additional uses is not spot zoning since the property has not been discriminated against. -3- The new law does not intend for localities to designate lots in single family zones exclusively for mobilehome use. Sites identified for mobilehome use should be available for conventional construction as well. In effect, the permitted uses on the property have been expanded to include mobilehomes. The property has therefore been treated favorably by allowing an additional use, and not discriminated against. This is not spot zoning. 6. Can the property owner whose single family lot is not zoned for mobilehomes. allege discrimination? A property owner who wants to place a mobilehome on a lot where such use is prohibited, could. argue that the property has been discriminated against if other, similarly situated properties, were designated for mobilehome use. While a locality has .a great deal of discretion in exercising its zoning authority, the judicial test for determining whether a zoning classification violates equal protection standards is as follows: 1. The property owner challenging the regulation must demonstrate that his or her property stands in precisely the same relationship as those properties receiving preferential treatment (i.e., those where mobilehomes are an additional use); and 2.. The more narrow zoning classification must not have been made on an arbitrary basis, but rather must be based upon some distinction which justifies the differential treatment. Meeting this standard should notbe a problem for a locality in complying with the new law since this is the same standard that must be applied in traditional zoning practices. It simply means that the designation of sites for mobilehome usemust have some rational basis. This basis will probably be the same as the locality's determination of compatibility.p For example, if very narrow in -fill lots in urban areas are rejected for mobilehome use as not "compatible" (because of the need for a larger lot), the rational basis test would be met. On the other hand, in suburban residential areas where there is large lot zoning, there may be no basis for determining one lot is compatible,: another is not. In this situation, the most appropriate way to designate lots for mobilehome use may be the adoption of a mobilehome overlay permitting mobilehomes on all lots in the particular single family zone. 7. Does the new law nullify covenants, conditions and restrictions on . property which prohibits mobilehomes? No. Restrictive covenants prohibiting mobilehomes on residential lots (entered into either before or after passage of the bill) are not directly affected by SB 1960. The courts have upheld covenants restricting the use of property in the face of more expansive zoning requirements. (See Legislative Counsel Opinion No. 16044,'11/17/80, affirming this view.) However, the department has issued an opinion indicating that restrictive covenants prohibiting mobilehomes may be unenforceable and that SB 1960 adds additional support for this view. • -4- Courts have refused to enforce restrictive covenants where, due to "changed conditions", it would be oppressive and inequitable to the property owner to do so. For example, this might occur where a property is restricted to single family residential use and, over a period of years, the neighborhood has changed from residential to commercial. Maintaining the lot as residential no longer benefits surrounding properties (for whose protection the covenant was entered into in the first place) and imposes a hardship on the owner of the restricted property. Rezoning of surrounding areas to commercial is one of the factors of "changed conditions" that a court could consider in deciding whether or not to enforce the restriction. By analogy, the rezoning of a "compatible" area to allow mobilehomes pursuant to SB 1960, could be a factor used by a court to determine whether changed conditions render a restriction against mobilehomes unenforceable. The new law is also evidence that such restrictions are contrary to public policy, a factor to be considered by the court in deciding whether a restriction should be enforced. Covenants prohibiting mobilehomes may also be narrowly interpreted by the courts to apply only to older mobilehomes rather than newer mobilehomes--many of which are visually indistinguishable from conventionally -constructed homes. This interpretation would be consistent __with a general judicial rule to interpret such restrictions in a manner which limits encumbrances on property —[The -department's legal opinion__ analyzing the enforcability of these covenants is available upon request.] 8. Does the new statute apply to charter cities and counties? Yes. State zoning law only applies to general law cities and counties unless there is specific language applying the provision to charter jurisdictions. (See, for example, Government Code Sections 65804 and 65918.) The new law contains such a provision, explicitly applying it to charter cities and counties. -5- 1107 9th St., Suite 700 Sacramento, CA 95814 February .6 , 1981 TO: Chairman Board of Supervisors/Mayor County Counsel/City Attorney . CAO/.City Manager . Planning/Community Development Chairman, Planning' Commission Director (916) 446-4024 FROM: California Manufactured Housing Association SUBJECT: ;Manufactured Homes in Residential Zones' By now everyone has received a copy of SB 1960 (Rains) Chap-t-er--1-142, 1980-Statutes_and there seems _to be some concern as to the intent and interpretation of portions= -- of the legislation. Because our association was one of the prime sponsors and prime developers of the language of this new law we sincerely hope .that .this memo will be beneficial to you in developing ordinances, regula- tions and policies for placement of manufactured homes.. I.f you have any additional questions please do not hesitate one moment in calling us. If time and arrange- ments permit we will be.happyto appear at a.meeting or study session if it is desirable. The sentence at the bottom of page 1, in Section 65852..3 of the chaptered bill is a compound sentence and should properly read as two complete sentences as follows: • A.city, including a charter city, county, or city, -and county may -subject any such mobilehome and the lot on which it is placed to any or all of the same development standards to which a conventional single family residential dwelling on the same lot would be subject, etc., etc.. A city, including a charter city, county or city and county may subject any such mobilehome and the lot on which it is placed to any or all architectural, aesthetic requirements, and minimum square footage requirements. The -greatest mis-interpretation seems to result from misunderstanding of terminology in common and consistent use today. "Architecture is the art or science of designing and building structures especially habitable ones.". Development in real estate means the unfolding, Residential Zones February 6, 1981 Page 2 making visible or manifesting of real property in some particular fashion. For example, developing a shopping center or subdivision or park are types of real property development. Following in order then,development standards apply to real property and vary for different types of property use. The structures which are placed on said real property are designed and built to architectural controls. It must be remembered, however, that the manufactured home is constructed in a factory in accordance with federal standards (June 1976) some time prior to being located on a site. Conse- quently to exercise the minimum architecturalcontrols provided in the legislation they must be adopted for a given area prior to the home being manufactured. To .summarize, a city may well establish by ordinance that manufactured homes being placed in the XYZ Additon to the City of Q must have roof overhanges, shingle roofs or other than metal siding in order to be compat- ible with existing, residences. On the other hand such require- mentsiifblanketed for an entire city would be unwarranted because in almost every city there exists flat roofed dwellings, or dwellings without overhangs. In additon there are. several firms which provide metal roofing and siding to renew and update dwellings in lieu of painting or re -roofing with wood shingles. In the great majority of instances cities nor counties have no restrictions against using such materials. The wording of the legislation was intentionally developed to allow maximum flexibility for cities and counties so they could in fact prepare comprehensive ordinances. Some of which might apply to a specific area, some to specific restrictions within specific areas, some to manufactured homes, some to site built homes and some to both. Obviously the test would be one of "reasonableness." One that would not prohibit the use of the manufactured home as a place of residence in single family residential areas which have been determined to be compatible. The word "compatible" is a prime example of intent of flexi- bility. a) One area might already be developed with all red brick homes three stories. high - anything less would be incompatible. b) One area might exist with homes of four thousand square feet or more anything less would be incompat- ible. c) One residential area of a city might require minimum lot size of one third acre or more. To allow a manufactured home subdivision with minimum lot size of 6600 square feet in the same area is incompatible. Residential Zones February 6, 1981 Page 3 d) By the same token there are many undeveloped residential areas which would be most appropriate or compatible for manufactured home subdivisions and/or P.U.D.S. of manu- factured home condominiums. e) Also there are numerous existing vacant lots, parti- cularly in older city areas, where :literally no one is willing to build a home at today's prices but a manufactured home could easily in -fill thereon making it a productive lot for the city - or at very least, less hazardous. How can single family residential uses within single family resi- dential zones be construed as spot zoning/ spot zoning connotes a zone for a use different from the surrounding zone. Such a policy procedure to disallow manufactured homes or subdivisions therefore, is inviting real danger and flys in the face of the legislation, as well as equal rights under the law. This parti- cular concern, thankfully, has only been expressed by a very few and is obviously an attempt to discriminate in construction as well as other discriminatory acts. Lastly, over a year ago state laws were enacted permitting manu- factured homes on foundations and taxing them as real property. Since the construction, and insulation of manufactured homes are equivalent to site built homes there were only the foundation and taxation left to be changed, to make them equivalent in every respect. This has been done and now with your help and ours, home. ownership for literally thousands will be possible. Enclosed herewith is a recent memo from the Department of Housing which speaks to several concerns of local governments. Hopefully it too will help when ordinances, regulations and policies are developed. • WesterrffR MzmilfactureE ousting Ins Ilt to 3855 EAST LA PALMA AVENUE, ANAHEIM, CALIFORNIA 92807 (714) 630-1440 November 26, 1980 Dear Planning Commission Chairperson: On September 26, 1980, Senate Bill. 1960 was signed.into law by the Governor. A copy of that bill is attached for your review. It will have an effect upon you because it provides as follows: 1. that implementation occur on or before July 1, 1981; 2. that your ordinances may not prohibit a HUD Code mobilehome from being installed on a permanent foundation in areas zoned for single family dwellings; 3. that, in addition, you may designate lots zoned for single family dwellings for mobilehomes when the lots are determined to be compatible for such mobilehome use; 4. that you may subject the mobilehome and lot to the same development standards to which a conventional single family residential dwelling on the same lot would be subject; 5. that any architectural requirements imposed on the mobilehome structure itself shall be limited to its roof overhang, roofing material and siding material; 6. that in no case may local government apply a development standard which has the effect of precluding mobilehomes from being installed as permanent residential units on single lots. The Western Manufactured Housing Institute (WMHI), in conjunction with the California Manufactured Housing Association (CMHA), wants to assist local juris- dictions in providing new opportunities for affordable housing through the use of HUD Code homes. We have a hot line to help you. Call our hotline phone collect: (714) 630-1443, so that we can help refer you to other local jurisdictions that are implementing SB 1960. There are several ways to implement SB 1960. You may wish to modify your typical regulations for site plan review; director review and approval; zoning administration permit review; or use permits to achieve implementation. Place- ment of mobilehomes on single lots is exempt from the Environmental Review Process. See CEQUA Section 15103. Several jurisdictions have implemented SB 1960 with this type of procedure. See attached examples. Please send us a copy of your regulations so we can share them with other local governments who have questions in implementing SB 1960. Sincerely, Howard J. Snider, President HJS:br Senate Bill No. 1960 CHAPTER 1142 An act to add Section 65852.3 to the Government Code, and to amend Section 18300. of the Health and. Safety Code, relating to zoning. [Approved by Governor September 26, 1980. Filed with Secretary of State September 26, 1980.1 LEGISLATIVE COUNSEL'S DIGEST SB 1960, Rains. Zoning: mobilehomes. Existing law does not preclude a city, including a charter city, county, or city and county from prohibiting the installation of certain mobilehomes on foundation systems on lots zoned for single-family dwellings. This bill would make such a prohibition, but would specify that such installation may be subject to certain other requirements applicable to conventionally constructed single-family residential dwellings. However, any architectural requirements imposed on the mobilehome structure itself would be limited to roof overhang, roofing material, and siding material: It would permit the designation of lots for such use within single-family zones in a prescribed manner. It would make a specified finding and declaration. This bill would become operative July 1, 1981. The people of the State of California do enact as follows: SECTION 1. The Legislature finds and declares that manufactured ` housing, which : includes mobilehomes, offers Californians an additional oppotunity to own and live in decent, safe, and affordable housing on a permanent basis. SEC. 1.5. Section ¢5852.3 is Oiled to the Government Code, to read: 65852.3. A city, including a . charter city, county, or city and county shall not prohibit the installationof mobilehomes certified under the National Mobile Home Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401, et seq.) on a foundation system, pursuant to Section 18551 of the 'Health and Safety Code, on lots zoned for single-family dwellings. However, a city, including a charter city., county, or city and county may designate lots zoned for single-family dwellings for mobilehomes as described in this section, which lots are determined to be compatible for such mobilehome use. A city, including a charter city, county, or city and county may subject any such mobilehome and the lot on which it is placed to any or all of the same development standards to which a conventional Ch. 1142 - 2 single-family residential dwelling on the same lot would be subject, including, but not litnited to, building setback standards, side and rear yard requirements, standards for enclosures, access, and vehicle parking and architectural, aesthetic requirements, and minimum square footage requirements. However, any architectural requirements imposed on the tnobilehome structure itself, exclusive of any requirement for any . and all additional enclosures, shall be limited to its roof overhang, roofing material, and siding material. In no case may a city, including a charter city, county, or city and county apply any development standards which will have the effect of totally precluding mobilehomes from being installed as permanent residences. SEC. 2. Section 18300 of the Health and Safety Code is amended to read: 18300. (a) The provisions of this part apply to all parts of the state and supersede any ordinance enacted by any city, county, oak city and county, whether general law or chartered, applicable to th ' provisions of this part. Except as provided in Section 18930, the commission may adopt regulations to interpret and make specific the provisions of this part and when adopted such regulations shall apply to all parts of the state. (b) .Upon 30 days' written notice from the governing body to the departinent, any city, county, or city and county may assume the responsibility for the enforcement of this part, the building standards published in the State Building Standards Code . relating to mobilehome parks, travel trailer parks, recreational trailer parks, temporary trailer parks, incidental camping areas, and tent camps, and the regulations adopted pursuant to the provisions of this part following approval by the department for such assumption,. (c) The commission shall adopt regulations which set forth the conditions for assumption and may include required qualifications of local enforcement agencies. The conditions set forth and the qualifications required in the regulations which set forth the conditions for assumption shall relate solely to the ability of local agencies to enforce properly the building standards published in th State Building Standards Code relating to mobilehome parks, trave trailer parks, recreational trailer parks, temporary trailer parks, incidental camping areas, and tent camps, and the other regulations relating to mobilehome parks promulgated pursuant to this part. The regulations which set forth the conditions for assumption shall not set requirements for local agencies different than those which the state maintains for its own enforcement program. When assumption is approved, the department shall transfer the responsibility for enforcement to the city, county, or city and county, together with all records of mobilehome parks within the jurisdiction of the city, county, or city and county. (d) (1) In the event of nonenforcement of the provisions of this part, the building standards published in the State Building 93 40 93 70 3 m Ch. 1142 Standards Code relating to mobilehome parks, travel trailer parks, recreational trailer parks, temporary trailer parks, incidental camping areas, and tent camps, or . the other regulations adopted pursuant to the provisions of this part by a city, county, or city and county, the department shall enforce the provisions of this part, the building standards published in the State Building Standards Code relating to mobilehome parks, travel trailer parks, recreational trailer parks, temporary trailer parks, incidental camping areas, and tent camps, and the other regulations adopted pursuant to the provisions of this part in any such city, county, or city and county after the department has given written notice to the governing body of such city, county, or city and county setting forth in what respects the city, county, or city and county has failed to discharge its responsibility, and the city, county, or city and county has failed to initiate corrective measures to carry out its responsibility within 30 days of such notice. (2) Where the department determines that the local enforcement agency is not properly enforcing this part, the local enforcement agency shall have the right to appeal such a decision to the commission. (e) Any city, city and county, or county, upon written notice from the governing body to the department, may cancel its assumption of responsibility for the enforcement of this part. The department, upon receipt of such notice, shall assume such responsibility within 30 days. (f) Every city, county, or city and county, within its jurisdiction, shall enforce all of the provisions of this part, the building standards published in the State Building Standards Code relating to mobilehome parks, travel trailer parks, recreational trailer parks, temporary trailer parks, incidental camping areas, and tent camps, and the other regulations adopted pursuant to the provisions of this part, as they relate to mobilehomes and to mobilehome accessory buildings or structures located outside of mobilehome parks. (g) The provisions of this part shall not prevent local authorities of any city, county, or city and county, within the reasonable exercise of their police powers: (1) From establishing, subject . to the requirements of Section 65852.3. of the Government Code, certain zones for mobilehomes or mobilehome parks, travel trailers, travel trailer parks, recreational trailer parks, temporary trailer parks, or tent carnps within such city, county, or city and county, or establishing types of uses and locations, including family mobilehome parks, adult mobilehome parks, rnobilehome condominiums, mobilehome subdivisions, or rnobilehome planned unit developments within such city, county, or city and county, as defined in the zoning ordinance, or from adopting rules and regulations by ordinance or resolution prescribing standards of lot, yards, or park area, landscaping, walls or enclosures, signs, access, and vehicle parking or from prescribing the prohibition Ch. 1142 — 4 -- of certain uses for mobilehome parks, travel trailer parks, recreational trailer parks, temporary trailer parks, or tent camps. (2) From regulating the construction and use of equipment and facilities located outside of a mobilehome or camp car used to supply gas, water, or electricity thereto, except facilities owned, operated, and maintained by a public utility, or to dispose of sewage or other waste therefrom when such facilities are located outside a mobilehome park, travel trailer park, recreational trailer park, or temporary trailer park for which a permit is required by this part, or the regulations adopted pursuant thereto. (3) From requiring a permit to use a mobilehome or camp car outside a rnobilehome park, travel trailer park, recreational trailer park, or ternporary trailer park for which a permit is required by this part or by regulations adopted pursuant thereto, and require a fee therefor by local ordinance commensurate with the cost of enforcing this part and local ordinance with reference to the use of mobilehomes and camp cars, which permit may be refused or revoked if such use violates any provisions of this part or Part 2 (commencing with Section 18000) of this division, any regulations adopted pursuant thereto, or any local ordinance applicable to such use. (4) From requiring a local building permit to construct an accessory structure for a rnobilehome when such mobilehome is located outside a mobilehome park, travel trailer park, recreational trailer park or temporary trailer park, under circumstances which the provisions of this part or Part 2 (commencing with Section 18000) of this division and the regulation adopted pursuant thereto do not require the issuance of a permit therefor by the department. SEC. 3. This act shall become operative July 1, 1981. 9150 Chesapeake Drive San Diego, Calif. 92123 565-5936 (Zenith 7-0888) e rt � c� li n��tnd.Z..IL&nicl Use County of San Diego Development Regulation Division 325 South Melrose Drive Vista. Calif. 92083 758-6711 (Zenith 7-2001) MOBILEHOMES ON PRIVATE LOTS (Effective 4-18-80) 200-i_ East Main El Cajon, Calif. 92020 579-4511 (Zenith 7-1398) A mobilehome, under certain conditions, may be placed on a foundation system ona private lot in the unincorporated area of. the County of San Diego where - ever .single-family dwellings are permitted. A mobilehome on a foundation system is permitted on a private lot upon issuance of a minor use permit by the Zoning Administrator. The Zoning Administrator must hold a public hearing onthe application. Notice of hearing is sent to owners of property within 300 feet of the applicant's property. The fee for the minor use permit is $220 and processing time is normally 4S-60 days. Application forms for minor use permits can be obtained at any of the offices listed above. MINOR USE PERMIT REQUIREMENTS Section 8001 of the County Zoning Ordinance specifies the following requirements for a mobilehome to be placed on a permanent foundation on a private lot. Eligibility. A mobilehome shall not be eligible unless it: 1). was constructed after September I5, 1971, and was issued on insignia of approval by the California Department of Housing and Community Development or was constructed after July 1, I976,.and was issued an insignia of approval by the U.S. Department of Housing and Urban Development, and 2) has not been altered in violation of applicable codes. Criteria. The mobilehome shall: I) Be occupied only as a Residential Use Type.. 2) Be subject to all provisions of The Zoning Ordinance applicable to residential structures. 3) Be attached to a permanent foundation system in compliance with all applicable building regulations. 4) Have a minimum width of 20 feet. 5) Be covered with an exterior material customarily used on conventional dwellings and approved by the Zoning Administrator. The exterior covering material shall extend to the ground, except that when a solid concrete or masonry perimeter foundation is used, the exterior covering material need not extend below the top of the foundation. Mobilehomes on Private Lots -Page 2- 6) Have a roof with a pitch of not less than two (2) inch vertical rise for each 12 inches of horizontal run and consisting of shinglesor other material customarily used for conventional dwellings and approved by the Zoning Administrator. 7) The mobilehome may be required to have porches and eaves, or roofs with eaves when, in the opinion of the Zoning Administrator it is necessary to make it compatible with the dwellings in the area. Modification of Criteria. No modification may be granted. from paragraphs 1-6 above. Plot Plan and Information needed for the minor use permit application shall be provided as indicated on page 4 of this form. CONSTRUCTION PERMIT REQUIREMENTS After issuance of a minor use: permit, construction permits must be processed and issued prior to placing of the mobilehome on the lot. Issuance of the° construction permits requires that the applicant: 1) Comply with all.the conditions of the minor use. permit. 2) Obtain a grading permit (required if more.than 200 cubic yards of earth will be moved or if a cut or fill depth exceeds five feet). Any fill over a foot in depth will require a compaction report by a registered civil engineer certifying the fill is compacted to a minimum of 90%. Rough grading approval must be obtained and compaction reports. submitted before the site construction permit can be issued. _ 3) Make application for approval of a septic tank permit from the Health Department if the property will not be served by a public sewer. (A percolation test by a registered civil engineer is required.) 4) If the property is in school districts which require collection of school fees at issuance of the construction permit, the applicant is to have the school district complete form DPL #406, Certification of Compliance with School Facilities;_ and return it to the Department of Planning and Land Use. 5) The applicant shall comply with all the requirements of. Section 18551(a) of the State Health and Safety Code. 6) Obtain plan approval of the foundation system. DPI, #58 Rev 4-25-80 • Mobilehomes on Private .ts • Foundation System: Title 25 specifies regulations for the mobilehome foundation. system. These regulations provide: 1) Foundation System definition "A foundation system is an assembly of materials constructed below, or partly below grade, not intended to be removed from its installation site, which is designed to support the structure and engineered: to resist the imposition of external natural forces." 2) That mobilehome foundation systems be designed in accordance with the provisions. of Chapter 29 of the Uniform Building Code, 1979 Edition, and local soil conditions. Design conditions for roof, wind, and seismic loads applicable to permanent building foundations shall be applicable to the mobilehome foundation system. 3) The mobilehome shall be installed in accordance with installationinstructions provided by: a) The manufacturer of the mobilehome, or, b) A California licensed architect or engineer for an individual mobilehome where manufacturer's installation instructions are not available. 4) That both the foundation system and connection of the mobilehome to the foundation system shall be 'capable of withstanding the design loadsand concentrated loads identified in the installation instructions. - 5) A foundation system plan shall be provided in addition to the installation instructions. The foundation system plan may be: a) Provided by the mobilehome manufacturer either as a part of, or separate from, the installation. instructions. b) Provided by the installation contractor. . c) Required to be signed by a California licensed architect or engineer. 6) A foundation system plan approved by the California Department of Housing and Community Development will be accepted. Utility Connections. The mobilehome electrical, gas; water and drain connections shall be madepermanent in a manner applicable to permanent buildings. Gas shutoff valves, meters and regulators shall not be located beneath the mobilehome. SURRENDER OF REGISTRATION Prior to occupancy, the owner shall request a certification from the Department of Planning and Land Use that a certificate of occupancy be issued pursuant to Section 18551 (b) (2) of the California Health and Safety Code. Thereafter, for an existing mobilehome any vehicle license plate, certificate of ownership and certificate of registration issued by a State agency is to be surrendered to the appropriate state agencies via the Department of Planning and Land Use. Where the mobilehome is new and never has been registered with DMV, a statement to that effect from the dealer selling the mobilehome shall be submitted to the county. Mobilehome Taxation. Mobilehomes placed on a permanent foundation in compliance with all regulations become exempt from vehiclelicense fees and become subject to property tax laws. Such mobilehomes become eligible for exemptions. DPL #58 Rev 4-25-80 Mobilehomes on Private Lots -Page 4 - This sheet is to be completed and attached to the Minor Use Permitapplication for a mobilehome on a foundation system on a private lot for • (name of applicant) 1. Attached to theapplicationare: ❑ 6 copies of the plot plan. See "Typioal.Plot Plan" form #90 for. instructions. 0 Manufacturer's brochure describing the exterior of the mobilehome OR photographs showing all four sides of the mobilehome. (Existing mobilehomes always require photographs.) 2. Mobilehome data:. Manufacturer's Name Model Name/Number Age of mobilehome: Q New OR Q Existing-Insignia/Label No. Date constructed . (Submit verification of age) Length feet, Width feet Roof pitch inch vertical rise for each 12 inches of horizontal run. Width of,eave overhang inches (To be compatible with the neighborhood, the Zoning Administrator may require eaves.) Type of siding (Siding is required to extend down to the top of - foundation or grade. NOTE: Wood or masonite siding may not be closer than six inches to grade. Building Inspection requirements for protection at grade must be followed where there is not a solid concrete or masonry perimeter foundation Foundation System - applicant is to submit plans for the foundation system when application for construction permits is made. The requirements for the .foundation system are explained on page 3 of form DPL #58. 3. Accessory Structures within 6' of mobilehome: D None proposed Q Proposed 4. Vicinity Map -In the space below (or on an attached sheet) provide a sketch showing the precise location of the property (so staff can easily locate the site). DPL 458 Rev 4-23-80 _. •••. ORDINANCE NO. 80-526 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN MARCOS SECTION 2 9 1, MOBiLEHOMES ON LOTS, TO ARTICLE XVII, MOBILEHOMES AND MOBILEHOME PARKS OF THE SAN MARCOS ZONING ORDINANCE. The City Council of the City of San Marcos DOES ORDAIN as follows: SECTION 1: That Section 291, Mobilehomes on Lots, is hereby added to Article XVII, Mobilehomes and Mobilehome Parks, to the San :Marcos Zoning Ordinance as gallows: . -ARTICLE XVII MOBiLEHOMESAND MOBILEHOME PARKS . . SECTION 291. MOBILEHOME$ ON LOTS. 1: It is the purpose of this ordinance to, where approved, allow the placement of mobilehomes on individual lots. The mobilehomes would have to conform with the minimum lot size and set- _ backs for the zone in which it is located and in addition, meet the criteria set forth In -this ordinance. This or- dinance is based upon the City Council's concern over the . increased cost of housing and 13, the need to increase the supply and variety of housing types available to the public. The ordinance also allows mobilehome subdivisions In the same manner as -residential subdivisions. .B. EFFECT ON CON- VERSiON. A mobile home which has been placed. on -a -foundation system pursuant to this or- dinance shall be deemed to be a mobilehome and subject to local property taxation • pursuant to Section 18551 of . the Health and Safety Code I and Section 109.7 of the Revenue and Taxation Code. C. PERMIT. A mobilehome on a foun- I dation system on a private lot Is permitted upon approval of 1 • C5+:?i`ttS;t ' ends. 3n f J,vt, Stri t city's Site Review Corn- j mine. D. ELIGIBILITY. A mobliehome shall not be located on a permanent foundation on a private lot unless It: 1.- Was constructed after September 15, 1971, and was issued an insignia of approval by the California Department of Housing and Community Development or was con- structed after July 1, 1976, and was issued an insignia of approval by -the U.S. Department of Housing and Urban Development; and -2. Has not been altered in violation of applicable cedes. E. CRITERIA. Mobilehomes located . on a foundation system on a private lot shall: 1; Be -occupied only as • a residential use type. 2. Be subject to all provisionsto of this ordinance applicable residential structures. 3. Meet all requirements for the zone in which they locate. 4. Be attached to a foun- dation system in compliance with all applicable building regulations, and Section 18551 of the Health and Safety Code. 5. Have a minimum width of 20 feet. 6. Be covered with an ex- terior material customarily used • on conventional dwellings and approved by the Site Review Committee. The exterior covering material shall extend to the ground, except that when a solid concrete or masonry perimeter foundation is used, the exterior covering material need not extend .below the top of the foundation. 7. Have a roof consisting of shingles or other material 1 customarily used for con- ventional dwellings. R. The mobilehome may be required -to have porches and eaves, or roofs with eaves when, in the opinion of the Planning Director it is' necessary to have it com- patible with the dwellings in, the area. F. MODIFICATION OF CRITERIA. Modification of the criteria set forth in Paragraph "E" may be granted if the Site Review Committee finds that such modification will not be detrimental to the public interest or surrounding residents or properties. No modification may be granted from Paragraphs "E.1, E.2, E.3, or E.4". of San Marcos JEFFREY A. OKUN Director of Planning G. 11PURRENDER OF. REGISTRATION. - Subsequent to applying for the required building permits, and prior to occupancy, the owner shall request a ter- t tification from the Depart- t ment that a certificate of f occupancy be issued pursuant to Section 18551(b)(2) of the California Health and Safety Code. Thereafter, arty vehicle license plate, cer- tificate of ownership, and certificate of registration issued by a State agency is to be surrendered to the ap- propriate State agencies. Any mobilehome which is per- manently attached with un- derpinning or foundation to the ground must beat a California insignia or Federal label, pursuant to Section 18550(b) of the Health and Safety Code. H. Prior to installation of a mobilehome on a permanent foundation system, the mobilehome owner or a licensed contractor shall • obtain a building permit from the Department of Building and Safety. To obtain such a permit, the owner or con: - tractor shall comply with all requirements of Section 18551(a) of the State Health and Safely Code. SECTION 2: This ordinance shall be codified. SECTION 3: This ordinance shall take effect. and be in force thirty (30) days after the date of its passage, and the City Clerk shall certify to the adoption of this ordinance ano cause same to be published and posted in the manner required by law. PASSED, APPROVED AND '. ADOPTE Dby the City Council of the City of San Marcos at its I regular meeting held on the 12th day of August, 1980, by the following roll call vote: AYES: COUNCILMEN: DANOVER, ESTENSON, HARMAN SMITH, THIBADEAU. NOES: COUNCILMEN: NONE ABSENT: COUNCILMEN: NONE ROBERT L. HARMAN, MAYOR OF THE CITY OF SAN MARCOS • ATTEST: SHEILA A. KENNEDY, CITY CLERK OF THE CITY OF SAN MARCOS STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF SAN MARCOS i, SHEILA A KENNEDY, CITY CLERK, OF THE City of San Marcos DO HEREBY CERTIFY THAT THE ABOVE AND FOREGOING IS a full and true and correct copy of Ordinance 80-526 and . that the same has not been •amended or repealed. DATED: August 13, 1980 Sheila A. Kennedy, City Clerk of the City of San Marcos (San Marcos Outlook, August 21, 1980) '105 Vv R!CHMAR AVE SAN MARCOS C=ar 'F 92069 API o. CODE 714 PHONE 744-1050 1 2 3 4 5 10 11 12 13 14 15 16 17 18 19 20 21 23 24 0a 26 0- 29 30 31 32. ORDINANCE NO. 80- ilo AN.ORDINANCE OF THE CITY -COUNCIL OF THE CITY OF VISTA, CALIFORNIA, AMENDING THE ZONING ORDINANCE OF SAID CITY BY AMENDING REGULATIONS REGARDING MOBILE HOMES The City Council of the City of Vista. Does hereby ORDAIN as follows Section 1. Article VII -3 of• the Zoning Ordinance is hereby repealed. Section 4: Article XXVIII of Ordinance 64-1, amended, is further amended by amending Section 2301 to read as follows: Section 2801 - PREPARATION OF THE SITE DEVELOPMENT PLAN: 1. (a) A Site Development Plan shall be required for all buildings or developments containing three (3) or more dwelling units, and all office, commercial, and industrial developments regardless of size. (b) Site Development Review shall be made for any single family lot proposing to establish a residential structure certified under the National Mobile Home Construction and Safety Standards Act of 1974, however, such review shall be limited to consideration of roof overhang, roofing.material, and siding material to assure aesthetic compatibility with standard single_ family housing structures. .2. Site Development Plans shall not be required: for properties covered by a planned unit development, or by a residential subdivision of single family lots, unless required as a condition or approval. 3. A Site Development Plan shall consist of a plot plan of the proposed development and any other information as required.by the application form which..is necessary for the evaluation of the. proposed develop- ment. -9- 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23 24 •25 26 27 •28 29 30 31 4. The applicants shall prepare the Site Development Plan in accordance with*. ordinance requirements and al esolution'`and policy re- quirements in relation to form and content. Section 5: Sub -Section "C" is hereby added to Section 2135.2 to read as follows: "C", a residential sturcture certified under the National Mobile Construc- tion and Safety Standards Act of 1974, on any lot where a single family residence is allowed provided all provisions of the Zoning Ordinance are complied with and further that a Site Development Plan is approved pursu- ant to Section 2801 (b) of the. Zoning Ordinance. First read at a meeting of the City Council of the City of Vista, California, held on the day of and finally adopted and ordered published in the manner required by law at a meeting hereof, held on the following roll call vote: ATTEST: day of by the AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS JEAN BROOKS, City Clerk GLORIA F. McCLELLAN, Mayor CONTENTS APPROVED: WILLIAM H. GUTGESELL Director of Planning PLANNING DEPARTMENT CITY HALL P.O. BOX 1988 600 EUCALYPTUS AVENUE VISTA. CALIFORNIA .92083 714-726-1340 WILLIAM H. GUTGESELL DIRECTOR OF PLANNING 32 Stair of California EDMUND. G. BROWN JR. GOVERNOR January 28, 1981 Dear Friend: The State of California is sponsoring`an Afffordable Housing Competition open to all California residents. The Competition seeks practical solutions to California's growing housing dilemma. We are looking for innovation in the design and construction of affordable housing for low to moderate income people throughout the state, as well as techniques and processes that speed permitting procedures, save energy, educate consumers and aid in home financing. Our goal is to narrow the distressing gap between income and the cost of housing for both renters and homeowners. As a person concerned with housing issues, we hope you will read over the attached material and call or write us for a Competition program and application. Up to $300,000 will be awarded in cash prizes for workable designs and ideas. We would also like to ask for your help in informing others of the Competition. California's size and diversity make it difficult for us to reach all the people who may be interested in entering the Competition. We need your assistance in our outreach effort, and would be grateful if you would mention the Competition to your associates and post the fact sheet on a bulletin board or in your newsletter. If you have any questions please call our toll free number (800) 952-8345. We appreciate your interest in the Affordable Housing Competition and look forward to receiving your entry before May 1. Sinc7ly I. Do alt# Te ner, Director. Hous g &\Community Development IDT: RLJ: alc Rob rt L. J dd, irecto Office of Ap opriate Technology r By C FEB 5 1981 1 i • Ca. alifornia Affordable Housing Cm The Competition Californians need affordable housing and to help them secure it, the Governor's Office of Appro- priate Technology and the Department of Housing and Community Development are sponsoring a statewide competition to draw on the creativity of the state's citizens. We are seeking innovative and practical solutions to make affordable housing available. Up to $300,000 in prize money will be awarded to winning entrants. We're looking for solutions. Your idea for making housing affordable might include anything from design to energy conservation, from housing finance to building technology, from cutting "red tape" to marketing manufactured housing more effectively. What is Affordable? For this Competition, the term "affordable housing" means that the maximum monthly housing costs are 25 percent of monthly income within the lower income range and 30 percent within the moderate income range. Details of these definitions can be found in the Compe- tition Program. Awards In all, up to $300,000 will be available for awards. Individual awards up to $20,000 will be made. Eligibility All California residents, companies or corpora- tions licensed by the State, local jurisdictions or organizations are eligible. Entries can be made in more than one category. etiti Factsheet Competition Categories The Affordable Housing Competition is divided into three categories. Detailed information and applications are available in the Competition Program. Projects: This category seeks residential designs that low- to moderate -income people can afford to rent or buy. Designs or projects recently - constructed or under construction are eligible. Projects can be tailored to selected publicly- owned land. Although the Competition sponsors cannot give any guarantees, every effort will be made to obtain development approval for the Competition winners. Processes: This category searches for new approaches to government requirements. Awards will be made for proposals with effective methods that streamline review and permit processing. New Possibilities: This open category seeks entries which can help develop affordable housing in a variety of ways; examples might be new approaches to finance, education, manage- ment, or building techniques. Schedule The Competition formally begins February 2, 1981. It closes on May 1, 1981. Awards will be announced at the Pacific Coast Builders Conference June 1981. To obtain the Competition Program and applica- tion forms, please write or call us. California Affordable Housing Competition Office of Appropriate Technology 1530 Tenth Street Sacramento, CA 95814 (800) 952-8345 139 CITY �UF ROLLING HILLS CITY MANAGER 2 PORTUGUESE UGUESE BEND ROAD ROLLING HILLS, CA 90274 STATE OF CALIFORNIA EDMUND G. BROWN JR., Governor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT_ October 25, 1980 TO ALL CITY AND COUNTY PLANNING DIRECTORS: Governor Brown signed AB 2853 (Roos) into law on September 26, as Chapter 1143 of the Statutes of 1980. This bill requires the Department of Housing and Community Development to send to each city and county the attached questionnaire requesting information concerning mobilehome parks and land available for mobile - home parks. Please complete and return the questionnaire by January 15, 1981. AB 2853 furtherrequires this department to compile and evaluate the information and to submit a written report to the Legislature. A copy of the report will be sent to all respondents. Thank you for your cooperation. MOBILEHOME PARK SURVEY (Pursuant to AB 2853, Ch. 1143 of Statutes of 1980) City or County FoL///Y ' ///LJLS Address p By: L�1 ' el;":7 7`Com 1eted Name ��/� �� - Title �" % Telephone q57 -/-��i/K-04 NOTE: Counties should swer the q estions only for the unincorporated areas of the county. I Mobilehome Park Inventory How many mobilehome parks were there in your jurisdiction as of: January 1, 1979 C47-0017,ne. December 31, 1979 (If your jurisdiction had no mobilehome parks at any time during 1979, skip to question IV.) II. Mobilehome Park Site Inventory A. How many authorized spaces (sites) were there in the mobilehome parks in your jurisdiction as of: January 1, 1979 December 31, 1979 Total Number Of Spaces Number Of Spaces for Mobilehome Use Number of Spaces For Recreational Vehicle Use B. How many recreational vehicle spaces were occupied by recreational vehicles used as permanent residences? Please estimate if -more precise figures are unavailable. January 1, 1979 December 31, 1979 III. Request for Change of Use of Mobilehome Parks A. How many requests or permit applications did your jurisdiction receive between January 1, 1979 and December 31, 1979 to change the use of existing mobilehome parks in your jurisdiction? To mobilehome subdivisions (condominium br•cooperative parks, etc.) To conventional single-family residential To conventional multi -family residential To commercial or industrial use To other use (specify) B. How many spaces were in those mobilehome parks proposed for conversion? To mobilehome subdivisions To conventional single-family residential To conventional multi -family residential To commercial or industrial use To other use (specify) C. What action was taken on the change of use requests received? Number of Number of Zoning(s) of Park(s) Action Requests Spaces at Time of Application(s) Approved Denied . Still pending today Please describe the reasons for denials: -3- • D. Is it possible for any mobilehome park in your jurisdiction to legally change use without a permit or other approval from your jurisdiction? Yes No E. If yes, how many such parks changed use or initiated a change of use during 1979? IV. Requests to Establish New Mobilehome Parks A. How many requests or permit applications did your jurisdiction receive between January 1, 1979 and December 31, 1979 to establish new mobile - home parks, or expand existing parks, in your jurisdiction? How many spaces were requested to be approved? Were any of the requested new spaces to be recreational vehicle spaces (for use by travelers)? Yes No If yes, how many parks and spaces D. What action was taken on the requests to expand existing parks or establish new mobilehome parks? (Please completethe following table.) Number of Number of Number of Recreational Action Requests Mobilehome Spaces Vehicle Spaces Approved Denied Still pending today Please describe the reasons for denials: V. Land Availability for Mobilehome Parks A. How much land (total) is in your jurisdiction? acres B. Please indicate zoning for mobile home parks as follows: (Estimates of acres are acceptable. If you cannot make estimates of the total acres on which mobilehome parks are a permitted use in a zoning classification, please make a check mark in the _. ppropriate "yes" of umn. ) i fir' ` l� "?1 al-"- - ? Zoning Classification `--f..['CC, Are Mobi l ehome Parks A P rmi tted Use In The Zone? Number of Acres Yes (conditional use permit not required) Yes, but a conditional use permit is required No /< Total Acres Vacant Acres Total Acres Vacant Acres Residential —j Commercial Industrial Agricultural they (Specify) Q 2O . ;,47 /X>2' • In the table above, "Total Acres" includes acres now in mobilehome park use, plus "Vacant Acres". "Vacant Acres" means land not now in park use, but permitted for park use and not otherwise developed. C. Is there other land (land not currently zoned for mobilehome parks)which might be suitable for mobilehome park use? Yes No Comment: (Please indicate how much land, its present use and zoning, when it might be available and under what conditions, etc.) 410 410 VI. Established Practices, Policies, and Ordinances Concerning Change of Use of Mobilehome Parks A. Does your jurisdiction have an adopted ordinance concerning change of use of mobilehome parks? Yes (Please attach copy of ordinance) No No, but an ordinance is, or was, under consideration (Please attach copy of draft) B. Does your jurisdiction have any policies or practices (not contained in an ordinance) concerning change of use of mobilehome parks? Yes No If yes, please attach a copy of any written policies or practices and please describe any unwritten policies or practices. VII. Efforts and Policies for Reducing Incidence of Change of Use of Mobilehome Parks Does your jurisdiction have any policies or administrative procedures for reducing the incidence of change of use of mobilehome parks? Yes No If yes,please attach a copy of any written policies or procedures and please describe any unwritten policies or procedures. Not applicable because: Jurisdiction has no mobilehome parks There have been no requests to change the use of mobilehome parks Thank you for your assistance. Please direct any inquiries and return the completed questionnaire to: Department of Housing & Community Development Division of Research & Policy Development 921 Tenth Street, Room 701 Sacramento, California 95814 (916) 445-4728 STATE 'OF CALIFORNIA • 308 EDMUND G. BROWN JR., Governor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT 921 Tenth Street, Sacramento, CA 95814 April 30, 1980 TO: Elected Officials Local Public Agencies There is an increasing public awareness of the critical shortage of affordable housing throughout our State. The availability of land suitable for residen- tial development is a key factor in seeking to alleviate our housing problems. Since 1978, the State of California has maintained an inventory of its surplus lands, and this Department has actively promoted the use of such land for housing. Currently, about 1400 housing units involving 167 acres of state surplus land are in various stages of the development process. These projects represent a significant partnership between the state and local governmentand the private. sector. Similar efforts are being made at the local government level For example, the City of San Diego is leasing some of its surplus land to devel- opers of affordable rental housing offering 50-55 year leases and below -market. ground rents when needed. Under the State Government Code.(Article 10, Section 50569'et.seq.) all local public agencies. are required to compile and make available on request an annual invent surplus real property which they own or _control as a potential resource for develo in housing for low and moderate -income ersons Many local pub is agencieshave compiled suc inven orie as par o their Housing Assis tance Plans or as a component. of their housing planning process. We believe it would be helpful to producers of housing to expand. the State inven- tory of surplus lands to include an inventory of properties under the control of local public agencies. We would greatly appreciate your cooperation in this effort and are therefore requesting that your appropriate staff personnel com- plete and return the enclosed survey information forms within 45 days. This action will afford -you the opportunity to. review your current real property holdings. As part of this undertaking, Housing and Community Development Specialists are. available to assistlocal agencies in reviewing land holdings asto development potential, analysis of land sale or leasing options, and availability of federal and state financing resources for development purposes. S Don \ldiTerner rector Enclosures: Citation - Government Code, Section 50569 (Attachment A) Information Irvine. School District Program Survey Form • Attachment A Annual Surplus Real Property. Inventory By Local Government It is not commonly known that local governments including both chartered and general law entities are required by the State Government Code (Article 10, Section 50569) to compile an annual inventory of surplus real property as a potential resource for housing for persons of low and moderate income. Section 50569 states: "On or before December 31 of each year, each local agency as defined by Section 54951* shall make an inventory of all lands held, owned or controlled by it or any of its departments, agencies or authorities to determine what land, including air rights, if any, is in excess of its forseeable needs. A description of each parcel found to be so in excess of needs shall be made a matter of public record. Any citizen, limited dividend corporation, housing corporation or nonprofit corporation, shall upon request be provided with a list of said parcels without. charge." The local governments are empowered by Section -5057.0 to sell or lease any sur- plus real property upon such terms and conditions that are best suited to the development of the land for housing for low and moderate income persons. Any housing corporation, limited dividend corporation, or nonprofit corporation may participate in these transactions; however, one of the stipulations of the law is that "whenever the ownership of the land or the mortgagor corporation is no longer composed of a majority of the nonprofit or limited dividend sponsors,. title to the land shall revert to the local agency." *Section 54951. Local agency, definition. As used in this chapter, "local agency" means a county, city, whether general law or chartered, city and county, town, school district, municipal corporation, district,. political subdivision, or any board, commission or agency thereof, or other local public agency. • • Attachment B DOES YOUR PUBLIC AGENCY FACE THIS TYPE OF PROBLEM? Problem: The Irvine Unified School District wished to build a $1.9 million Alternative High School on a 10 acre site it owned. Normal financing was not possible due to the results of th.e June, 1978 election (Death of Proposition One - State School Building Bonds; Passage of Proposi- tion 13). Solution: Utilizing the Joint Use and Occupancy provisions of the State Education Code, (Sections 39440-39453) the District advertised for a private developer to construct 40,000 square. feet of commercial space, and 23,000 squarefeet of space for the high school on the 10 acre site: In exchange fora long-term ground lease for the commercial land use, developer to provide the school facility rent-free to the District. Results: The School District has its new high school under development with no indebtedness for the building. It also has joint use of certain facilities in the complex, and the commercial tenants will participate in a retail merchandising training program for high school students of the District. Conci us i ons : Public agencies may achieve, through innovative use of their land resources, their educational, housing, or other public objectives even during periods of financial constraint. In addition to the Irvine approach, school districts which have sites that could be included in a Redevelopment Act Project Area, could consider joint ventures with city redevelopment agencies. The Department of Housing and Community Development (HCD) is available to discuss with you the opportunities for such development. If interested, contact Carl J. Hencken or Ed Tworuk at (916) 445-0836. SURPLUS LANDS SURVEY III Local Public Agencies Please Return to: Carl J. Hencken Survey Coordinator Dept. of Housing & Community Development 921 - 10th Street Sacramento CA 95814 (916) 445-0836 Survey Information Provided by: Name Teena Clifton Position City Manager Agency City of Rolling Hills Address #2 Portuguese Bend Road Rolling Hills, CA 90274 Telephone(213 ) 377-1521 1. Statement of Compliance We previously completed an inventory of surplus land in compliance with the Government Code, Section 50569, and enclose a copy of the latest inventory. Act We have completed, and enclose, the HCD Real Property Inventory forms in response to your request. 2. Land Development Potential ff. We hold land we believe has_ potential for general housing development (Please reference such parcels on the inventory form under "Remarks: Housing Potential") /_ The potential use of our land holdings for housing development is subject to these general constraints: OVER /---/ We would be interested in HCD assistance relative to: / / field review of holdings for development potential / / analysis and recommendations as to available Federal or State financial assistance for land development purposes. / / we own certain land parcels whichare not surplus but which we are unable to develop due to lack of funding (park and recreation areas, -far example). We would be interested in an HCD review of the potential to sell or lease a portion of such land to provide capital and operational funds in order to meet our development objectives for this land (refertoAttachment B ) /-7 We own surface parking lots which may be suitable for "Air Rights" development as housing for the elderly or other groups. We would be interested in an HCD review of this potential resource. 3. Land Development Constraints / / Surplus land disposition and development efforts are constrained by certain factors (political, fiscal, local and state statutes). Please give us your thoughts: REPORTING AGENCY City of Rolling Hills CITY/COUNTY -Los Angeles , Count*'�___L.:. LOCAL GOVERNMENT SURPLUS LANDS PROJECT REAL PROPERTY INVENTORY RETURN TO; Department of Housing and Community Development ATTENTION: Carl Hencken 921 Tenth Street, Sacramento, CA 95814 DATE May 16, 1980 • PARCEL #• OR IDENTITY LOCATION NEAREST STREETS SIZE SQ.FT./AC. TOPOGRAPHY UTILITIES PRESENT CONDITIONS LEVEL/STEEP WATER SEWER ELEC. GAS. ZONING USE IMPROVEMENTS - REMARKS J Problems -Constraints, etc.:li (If parcel has housing potential -note here by,/!Y No surplus lands available. All ;.city lands are presently used for parks and recreation. OFFICE OF THE CITY MANAGER �R�iiot o cDi r CD1W Al TOD cNLIND J o3 415 DIAMOND STREET REDONDO BEACH, CALIFORNIA 90277 November:16, 1979 Mr. 'Don Benninghoven Executive Director • League of California Cities 1400 K Street Sacramento, CA 95814 Dear Don: At its regular meeting of November.8, 1979, the South Bay City Managers' Association directed that a letter be sent for the attention of the League Board expressing its serious concern over the recent outrageous memorandum from the Department of Housing and Community Development. As you probably already know, HCD has again strongly asserted that Housing Element guidelines are mandatory on cities, thus flying in the face of legislative representations to the contrary. The South Bay City Managers' Association urges- that the Board immediately seek, by all appropriate means, a final determina- tion that the guidelines are indeed advisory. Thank you. Yours r ly, A1/14 - av d P. Dolter City Manager hs cc: South Bay City Managers Bob Grogin, Santa Maria City Manager Senator Robert Beverly Assemblywoman Marilyn Ryan • TELEPHONE (213) 372-1171 HCD Guidelines. most of you are aware, the Sta epartment of Housing —and---- -Community Development -- in contravention of the language contained in the Supplemental Report to the Budget -- sent a memo to each mayor, city manager and city attorney on November 5, 1979, to counter the League memo dated October 1, 1979. We would like to reiterate the points made in the League memo: (1) Government Code Section 65302(c) requires every city • to adopt a housing element which provides for "... all economic segments of the community." A city's housing element must be updated and amended from time to time to comply with this statutorily -imposed mandate. .(2) . The Legislature in adopting the Budget Bill declared its legislative intent to be that no HCD departmental funds be expended to enforce or "in any other way" promote the guidelines as mandatory. None of the letters in the Assembly andSenate Daily Journals was signed by a majority of the Senate or Assembly. Their effect, therefore, is not to erase or otherwise modify the Supplemental Report language nor to strengthen that language. In numerous telephone conversations on this issue, the following advice has been given by the League office: (1) Each city must have an adequate housing element. (2) The HCD guidelines provide a "guide" for the enactment of the Housing Element. (3) There has not been a published court decision that the guidelines are mandatory or advisory.* It is the League's opinion that the most persuasive argument can be made for their advisory status. (Please note: At the Spring City Attorneys' Conference, Len Hampel, City Attorney of Yorba Linda and Villa Park, presented a paper on a city's legal responsibility to provide for the housing needs of its citizens. Copies of this paper are available from the League office.) *City attorneys may be interested in California Rule of Court 976(b) which states the reasons why opinions are unpublished: the opinion does not (1) establish a new rule of law or alter or modify an existing rule; (2) involve a legal issue of continuing public interest; or (3) criticize existing law. (4) Cities should continue to alert their legislators and the League about any action taken by the department staff promoting the guidelines as mandatory. (3) -2- 302 State of California • Business and Transportation Agency eo r radum To All Mayors City Managers_ City Attorneys . Date: November 5, 1979 From : Department of Housing and Community Development - Carolyn Burton Acting. General Counsel Subject: HOUSING ELEMENT GUIDELINES Recently a legislative bulletin was forwarded to you from the League of California Cities which took the position that the Housing Element Guide- lines are advisory. The bulletin suggests that localities need not regard the HCD guidelines as mandatory when amending or adopting local housing elements. The League bases its recommendation on language contained in the Supplemental Report to the State Budget for 1979-80. Notwithstanding the statements contained in the League's bulletin, it is the legal opinion of the Department that the Guidelines are mandatory. (A synopsis of HCD's legal position is attached.) Nor is there presently a consensus of opinion in the Legislature as to the mandatory or advisory nature of the housing elements. The League memo included as attachments, letters printed in the Senate and Assembly Daily Journals indicating the opinion of the signators that the. intent of the Legislature is that the Housing Element Guidelines be advisory. This record is incomplete since it failed to include two additional letters which express the opinion that the legislative intent is that the Guidelines be mandatory. These letters, which were signed by various Senators and Assemblypersons, including Speaker McCarthy, are attached for your information. The question of whether the Housing Element Guidelines are mandatory or advisory must ultimately be settled in a court of law. To date, there is no published court opinion which establishes the Guidelines to be either advisory or mandatory. The two court opinions cited by the League in its memorandum are unpublished opinions which cannot be cited and therefore have no value as precedent. (See California Rules of Court, Rule 977) Therefore, the memorandum of the League does a disservice to cities and counties in suggesting that they need not follow the Housing Element Guidelines, since localities that choose to ignore the Guidelines put them- selves in a position of significant legal risk. Over the past year, for example, four lawsuits have been instituted by residents' groups and legal services' clients against localities in Southern California challenging the processing of residential development on the grounds that the housing element is inadequate. The Attorney General's Office,,at the request of this Department, has prepared briefs in support of the mandatory nature of the All Mayors -2- November 5, 1979 Housing Element Guidelines in two of these cases. Other localities with housing elements that are not in compliance with the Guidelines may well find their approval of residential development subject to such legal challenges. 1/ It is unquestioned that under state general plan law a locality must adopt a housing element which meets the statutory requirements. A locality that fails to -revise its housing element in accordance with the Guidelines may be found to have an inadequate General Plan by a court that either (1) finds the Housing Element Guidelines to be mandatory, or (2) merely looks to the Guidelines as the interpretation of the Department as to what constitutes an adequate housing element. 2/ For these reasons, it would be imprudent for any locality to ignore the Guidelines because it holds the position that the Guidelines are merely advisory. This Department remains available to assist localities in developing housing elements that meet the needs of communities and are in accord with the require- ments of state law. attachments 1/ Government Code Section 66473.5 prohibits the approval of subdivision maps by a locality unless it has an officially adopted General Plan. Subdivision approvals may be enjoined and set -aside by a court if the General Plan is either incomplete or inadequate. See Save El Toro Association v. Days (1977) 74 Ca1.App.3d 64, 141 Cal.Rptr. 282. The Superior Court has enjoined the processing of subdivision maps in Mendocino County after finding three elements of the General Plan, including the housing element, to be inadequate. An action challenging the housing element and seeking to enjoin all residential developments was brought in Orange County; this was resolved out of court when the County adopted a revised element consistent with the Housing Element Guidelines. 2/ It is a well -established proposition that great weight is to be given to the interpretation of the administrative agency charged with implementing a statute. Ralphs Grocery, Inc. v. Reimel (1968) 69 Ca1.2d, 172, 176. -2 "pursuant to this section." Section 65040.2 does not apply .to the housing element guidelines. This reading of Section 65040.2 is strongly supported by the other provisions of this code section. Elsewhere, the section provides that "the office (OPR) may request from each state department and agency, as it deems appropriate and such department or agency shall provide technical assistance in readopting, amending, or repealing the guidelines." If this provision were interpreted to apply to the housing element guidelines as well as to the guidelines for which OPR is responsible, it would clearly be inconsistent with Health and Safety Code Section 41134 and -Government Code Section 65302(c). As noted, these provisions assign to the Department of Housing and Community Development. responsibility and authority for preparing, adopting, repealing, and revising the housing -element guidelines. The Department. of Housing and Community Development's Statutory Responsibility for the Adoption of Regulations Pursuant to which Local Housing Elements are to be Developed Government Code Section 65302(c) expressly requires that local housing elements "be developed pursuant to regulations established under Section 41134 of the Health and Safety Code. -"1/ (Emphasis added) Section 41134 directs this depart- ment to adopt such regulations in accordance with the Administrative Procedure ActlJ and indicates that the initial adoption shall conform as nearly as possible to the housing element guidelines adopted by the Commission of Housing and Community Development in 1971. This section of the Health and Safety Code also authorizes the department to revise such guidelines and to review local housing elements "for conformity with the requirements of Section 65302 of the. Government Code and guidelines adopted pursuant thereto." (Emphasis added) In requiring that local housing elements be developed pursuant to regulations adopted in accordance with the Administrative Procedure Act and in authorizing review for conformity with these regulations, state law indicates the housing element guidelines are to establish binding criteria against which local compliance with the general mandate of Section 65302(c) can be measured. The above interpretation is supported by administrative precedent. Public Resources Code Section 21083 requires the Office of Planning and Research to prepare and the State Resources Agency -to adopt, in accordance with the Adminis- trative Procedure Act, "guidelines" for the implementation of the Environmental Quality Act. Both OPR and the Resources Agency read this language to require the adoption of binding regulations. (See Title 14, Chapter 3, Guidelines for Implementation of the California Environmental Quality Act of 1970, in particular Sections 15000 and 15005.) The binding nature of these guidelines has gone unquestioned by the courts. The argument that the housing element guidelines should not take the form of binding regulations is most commonly based on what we believe to be a mis- interpretation of Government Code Section 65040.2 concerning the responsibilities of the Office of Planning and Research to prepare and adopt general plan guide- lines. As Section 65040.2 expressly recognizes, OPR is responsible for the preparation of guidelines for all mandatory elements of the general plan except the housing element. The development, adoption, revision, and effect of the housing element guidelines are covered by the separate and independent statutory authority contained in Government Code Section 65302(c) and Health and Safety Code Section 41134. While Section 65040.2 does provide for advisory guidelines, the "guide- lines" to which this section refers are those adopted and developed by OPR 1iSection 41134 was recently renumbered Section 50459 by SB 1123, Chap. 610 of 1977 which recodified without substantive change all of the 1975 Housing and Home Finance Act from Sections 40000-41900. However, for purposes of this dis- cussion, this section will be referred to by its old 41134 numbering. 2 /Even before Section 41134 expressly required the department to follow the Administrative Procedure Act in the adoption of housing element guidelines, the Attorney General concluded that the language of Section 65302(c) required the adoption of formal rules and regulations. (55.0ps.Atty.Gen. 380) As the Attorney General notes in a separate opinion, such rules and regulations adopted in accordance with the Administrative Procedure Act are ordinarily intended to be binding. (28 Ops.Atty.Gen. 227) ASSEMBLY JOURNAL 9929 Sept. 14, 1979 CALIFORNIA LEGISLATURE 1979-80 REGULAR SESSION ASSEMBLY DAILY JOURNAL September 14, 1979 AT SACRAMENTO, CALIFORNIA CONTENTS Part 1 Proceedings of the Assembly for September 14, 1979 Part II Full text of amendments considered by the Assembly on September 14; 1979 REQUEST FOR UNANIMOUS CONSENT TO' PRINT IN JOURNAL Assemblywoman Hughes was granted unanimous consent that the following communication be printed in the Journal: September 14, 1979 Honorable Leo T McCarthy Speaker of the Assembly State Capitol Sacramento, C4 Dear Mr. Speaker: The undersigned enter this letter into the Assembly Daily Journal to affirm that it is the law of the State of California that Housing Element Guidelines of the Department of Housing and Community Development are mandatory regulations with which cities and counties must comply. The law requires localities to adopt housing elements which "make adequate provision for the housing needs of all economic segments of the community" and requires that such elements are "to be developed pursuant to regulations" adoptedby the Department in accordance with the Administrative Procedure Act. The law also states clearly that the Department of Housing and Community Development is authorized to "review local housing elements for conformity" with these regulations. The relevant code sections read as follows: 1) Government Code Section 65302(c) 65302. . (c) A housing element, to be developed pursuant to regulations established under Section 41134 * of the Health and Safety Code consisting of, standards and plans for the improvement of housing and for provision of adequate sites for housing. This element of the plan shall make adequate provision for the housing needs of all economic segments of the community. * Section 41134 previously numbered 37041 was recently renumbered as Section 50459. 2) Health and Safety Code Section 50459 § 50459. Housing elements; guidelines; adoption; revisions; reNdew The department shall adopt guidelines for preparation of housing elements required by Section. 65302 of the 79 914 IS 10 10018 ASSEMBLY JOURNAL Sept. 14, 1979 Government Code. The guidelines initially adopted shall conform as nearly as possible to the guidelines adopted by the . commission June 17, 1971, and shall be adopted in accordance with the provisions of Chapter 4.5 (commencing with Section 11271) of Part 1 of Division 3 of Title 2 of the Government Code. After consultation with the State Office of Planning and Research, the department may, from time to time, revise such guidelines. The department may review local housing elements for conformity with the requirements of Section 65302 of the Government Code and guidelines adopted pursuant thereto, and report its findings. The department may, in connection with any loan or grant application submitted to the agency, require submission to it for review of any local housing element and any local housing assistance plan adopted pursuant to provisions of the Housing and Community Development Act of 1974. These two sections of law are straightforward and establish that the Housing Element Guidelines adopted by the Department of Housing and Community Development are regulations and are binding on local jurisdictions. The changes made in housing element law over the last decade may have led some to conclude that the legislative intent was to make Housing Element Guidelines advisory only. This is an incorrect interpretation of the Legislature's actions as the following outline of the development of the housing element law demonstrates. In 1967, Section 65302(c) was added to the Government Code requiring that the general plan contain a housing element which: (1) contains standards and plans for the improvement of housing and for the provision of adequate sites for housing, and (2) endeavors to make adequate provision for the housing needs of all economic segments of the community. The Department of Housing and Community Development was directed to develop "guidelines" for the preparation of local housing elements by the addition of Section 37041 of the Health and Safety Code in 1970. In 1971, the Legislature passed SB 1489 (Moscone, 1971) which strengthened the housing element requirement by deleting the words "endeavor to" and requiring that the local housing element be developed pursuant to the department's regulations. Section 65302(c) of the Government Code was amended to read: (c) A housing element, to be developed pursuant to regulations established under Section 41134 of the Health and Safety Code, consisting of standards and plans for the improvement of housing and for provision of adequate sites for housing. This element of the plan shall make adequate provision for the housing needs of all economic segments of the community. In a letter which accompanied this legislation when it went to Governor Reagan prior to his signature the late George Moscone, the bill's author, indicated the intent of his bill was to "require that Sept. 14, 1979 ASSEMBLY JOURNAL 10019 cities and counties in developing the housing elements in the general plan follow the guidelines which were developed at the request of the Legislature following public hearings throughout the state." In order to confirm that guidelines and regulations were one and the same as intended by the Legislature in passing SB 1489, in 1972 the department sought the opinion of the Attorney. General. The Attorney General issued Opinion No. CV 72-33 on October 17, 1972, which stated: The word "regulations" in Section 65302 of the Government Code refers to theguidelines in Section 37041 and makes it clear that the Legislature intended that the guidelines were to be in the form of rules and regulations adopted by statewide agencies. The housing element requirements were further strengthened with the passage of. AB 1X (Chacon, Chapter 1 of 1st Extraordinary Session of 1975), The Housing and Home Finance Act. This major piece of legislation: made explicit the requirement that the Housing Element Guidelines were to be adopted in accordance with the Administrative Procedure Act and authorized the department t "review local housing elements for conformity with thug, requirements of Section 65302 of the Government Code and guidelines adopted pursuant thereto. (Section 41134 of the Health and Safety Code, now numbered Section 50459 Those who argue the regulations are intended to be advisory improperly point to two unpublished appellate opinions dealing with the issue which have no precedential value. It is a rule of California Courts that an unpublished opinion of a Court of Appeals "shall not be cited by a court or by a party in any other action on proceeding..." (Cal. Rules of Court, Rule 977.) In one of these cases, Leonard v. City of El Cerrito (1 Civ. No. 34762, 10-31-75) , the. Attorney General challenged the opinion of the Court of Appeals. 'The court had concluded that the 1971.Housing Element Guidelines established under Health and Safety Code Section 37041 were not entitled to binding effect. As the Attorney General's brief challenging that opinion pointed out, the 1971 guidelines had notyet been adopted as regulations in accordance with the Administrative Procedure Act as required by the newly enacted Health and Safety Code Section 41134. The Attorn General went on to express his concern that the court's opinion written so that the advisory effect it attributes to the 1971 guidelines might be misconstrued to apply also to the regulations which Section 41134 required the department to promulgate. Attorney General's brief stated: The Legislature has . . . expressly required that the new guidelines be adopted pursuant to the rule -making provision of the California Administrative Procedure Act. We believe this express requirement was intended to insure that the department's guidelines be adopted as binding regulations of general application. As a result of the Attorney General's petition, the court in an unusual move, vacated its initial order directing that the opinion be certified for publication and instructed that the opinion not be published in the official reports. 10020 ASSEMBLY JOURNAL Sept.: 14; 1979 The only support for the interpretation that the' Housing Element Guidelines are advisory is Opinion'No. 98-94 of the Legislative Counsel, dated July 1, 1977. In taking a position contrary to the Attorney General, the Legislative Counsel relied upon a misinterpretation of Government Code Section 65040.2 -concerning the responsibilities of the Office of Planning and Research to prepare and adopt General Plan Guidelines. As Section 65040.2 expressly recognizes, OPR is responsible for the preparation of guidelines for all mandatory elements of the general plan except the housing element. The development, adoption, revision, and effect of the Housing Element Guidelines are covered by the separate and independent statutory provisions. The Supplemental Report of the Committee of Conference on the Budget Bill purports to declare the intent of the Legislature that the department shall in no way "promote the state housing element guidelines as imposing any fiscal or legal requirements upon cities and counties. . The language in Supplemental Report is contrary estatutory law. This statement does not reflect the intent of the gtlsaituree as expressed inlawover the last decade. We,thed, therefore, do not concur with that language nor do we believe it to be an expression of legislative intent. Sincerely, TERESA P. HUGHES ART TORRES ART AGNOS CHESTER WRAY MAXINE WATERS MELDON LEVINE HOWARD L. BERMAN MICHAEL GAGE LAWRENCE ICAPILOFF HERSCHEL ROSENTHAL RICHARD ALATORRE GARY HART MICHAEL ROOS TOM BATES ELIHU HARRIS WILLIE BROWN, JR. PETE CHACON GWEN MOORE LEO T. McCARTHY REPORT OF COMMITTEE ON CONFERENCE September 14, 1979 The following report of Committee on Conference was presented ssemblyman Hayes: r. Speaker: The Committee on Conference submits its report concerning: Assembly Bill No. 101, as amended in Senate August 24, 1979 —An act to add Section 39101.5 to the Health and Safety Code, and to amend Sections 38225 and 38270 of, and to add Section 5107.5 to, the Vehicle Code, relating to vehicles, and making an appropriation therefor. The undersigned Members consenting to the report: ALAN ROBBINS J. HAYES RALPH C. DILLS LAWRENCE KAPILOFF H. L. RICHARDSON WALTER W..INGALLS Senate Committee on Conference Assembly Committee on Conference July 11, 1979 SENATE JOURNAL 5537 CALIFORNIA LEGISLATURE W79-80 REGULAR SESSION SENATE DAILY JOURNAL ONE HUNDRED FOURTEENTH LEGISLATIVE DAY TWO HUNDRED TWENTIETH CALENDAR DAY IN SENATE -Senate Chamber, Sacramento Wednesday, July 11, 1979 The Senate met at 9 a.m. Hon. John Francis Foran, of the 6th District, presiding. Secretary, Darryl R. White at the Desk. Assistant Secretary David Valverde reading. QUORUM CALL OF THE SENATE Senator Schmitz moved a quorum call of the Senate. Motion carried. The President directed the Sergeant at Arms to'close the doors and to bring in the absent Members. PROCEEDINGS UNDER QUORUM CALL OF THE SENATE ROLL CALL The roll was called and the following answered to their names: Alquist, Ayala, Beverly, Briggs, Campbell, Carpenter, Craven, Cusanovich, Dills, Foran, Garamendi, Alex Garcia, Marz Garcia, Greene, Holmdahl, Johnson, Keene, Maddy, Marks, Mills, Montoya, Nielsen, Nimmo, Petris, Presley, Rains, Richardson, Robbins, Roberti, Rodda, Russell, Schmitz, Sieroty, Smith, Speraw, Stiern, Vuich, Watson, and Wilson -39. Quorum present. (NOTE: Senator Nejedly will be excused this day on account of illness.) PRAYER Upon invitation of the President, the following prayer was offered by Senator John Schmitz of the 36th District: 0 God, Creator of All Reality: We deal with the practical matters of governing our state. We believe we are realists. Yet, we are at our oratorical best when we declaim the ideals and principles upon which our nation was established. Is Thy word for us in these times, "Where there is no vision, the people perish"? (Proverbs 29:18.) 5560 SENATE JOURNAL July 11, 1979 • MOTION TO PRINT IN JOURNAL • Senator Marks moved that the following letter be printed in the Journal. Motion carried. • July 11, 1979 Hon. James R. Mills, President pro Tempore Dear Senator Mills: Notwithstanding Section 16 of the Budget Act which incorporates the Conference Committee's supplemental language report as "Legislative Intent," we wish to express our personal disagreement with the language statement No. 6 in Item 150 concerning the state housing element guidelines. While we cannot speak for anyone else, this is not out intent, and in view of the fact that when Item 150 was considered on the Senate floor, Senator Marks sought to remove this language but failed by a vote of 17-17 with two Senate conferees voting against the language we believe that the language does not express any legislative intent because of the vote in the Senate and because this language was not contained in the Assembly version of the budget. - Sincerely, MILTON MARKS DAVID A. ROBERTI ROSE ANN VUICH ALBERT S. RODDA DIANE E. WATSON JOSEPH MONTOYA ALAN SIEROTY JOHN GARAMENDI NICHOLAS C. PETRIS RUBEN S. AYALA BILL GREENE • 479 711 12 10 30e STATE OF CALIFORNIA EDMUND G. BROWN JR., Governor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT Division of Community Affairs 921 10th Street Sacramento, CA 95814 (916) 445-4725 September 28, 1979 Mrs. -Teena Clifton City Manager 2 Portuguese Bend Road. Rolling Hills, CA 90274 Dear. Mrs. Clifton: On August 6, 1979, in.a telephone conversation with a member of yppur City staff on the subject of the status of your Housing Element, we were informed that your City has neither submitted a draft of a Housing Element nor adopted a final Housing Element. State law requires that each City .adopt a.Housing Element as part of its General Plan. The revised Housing Element Guidelines, issued in November, 1977, call for all cities in the SCAG area to adopt a revised Housing Element complying with those Guidelines no later than.July.1, 1979. A copy of the revised element was to have been submitted: to the Department for review by July 15, 1979. Since we have not received your Housing Element, nor have we received a request ..for extension or notification of any mitigating circum- stances, weare writing to verify that there has been no mistake or error in our records.. We will assume our information is correct unless we hear from you to the contrary by October 12, 1979. Because court decisions have madeclear that .local -governments may not legally approve land developments, including residential subdivisions, in the absence of a complete and adequate General Plan, state law provides for the granting of -a.time extension for the completion of missing or inadequate General Plan elements. The receipt of such an extension allows the local government to. continue processing developments. If you wish_ to seek an extension, please contact Bill Abbott or Dick.Damm of the Office of Planning and Research for assistance at (916)'445-1114., • • September 28, 1979 Page two The primary thrust of this Department's efforts to date has been to provide any technical assistance feasible to assist local governments in their pre- paration of adequate Housing Elements. Our staff can assist with the new Element, and with suggestions for alternative programs to meet local housing needs. This includes the new array of housing bills just enacted in the 1979 Legislative Session, most notable of which is the $100 million program to stimulate new rental construction. We have offered this technical assis- tance service to all local governments during both the drafting stages and the review of the draft Housing Elements. We remain available to assist you in developing your Housing Element. Because of your statutory responsibilities, though, we also request that you notify us by October 12, 1979, of your progress in achieving the adoption of a final Housing Element and/or your reasons for not doing so. If you have any questions, please contact Teri Bressler of our staff at (916) 445-4725. Sincerely, kTN,David Williamson Supervisor, Review Section cc: Richard Anderson Planning Director • y7 -y y7o 97V- Y// 101/ Uqq‘gtein Alit. iO GTA WILLIAM KINLEY /OUT11ERf1 CALIFORf11A AJIOCIATIOfi OF GOVERMEf1TJ 600 fouth Commonwealth Avenue •fuite 1000 • Loy Angeler• California • 90005 • 213/385-1000 June 28, 1978 William Kinley City Attorney City of Rolling Hills Suite 901 555 East Ocean Blvd. Long Beach, California 90802 Dear Mr. Kinley: This is to acknowledge receipt of your comments regarding concern over the present SCAG Regional Housing Allocation Model, its methodology, and its use as a planning tool for local governments. The Regional Housing Allocation Model (RHAM) is designed to provide SCAG members an updated and uniform data base available to use in prepar- ing federal applications and in meeting State Housing Element require- ments. Additionally, the RHAM is the basic component of an Areawide Housing Opportunity Plan (AHOP). Upon plan approval by HUD, this plan allows local governments through their Regional agency to direct the distribution of all assisted housing funds in the region. Current federal regulations require the HUD Area Office to use the Regional Plan, to the extent practicable,. as the basis for the distribution of all contract authority ($$) allocated by HUD within the SCAG region. Without an. approved AHOP, HUD would continue to distribute Housing Assistance funds according to their own criteria. Also, the Plan serves as a basis for an application for "bonus" Section 8 Housing Assistance funds ($6 million) and additional Community Development Block Grant funds ($3.4 million) to the region. The SCAG Regional Housing Allocation Model (RHAM) is a comprehensive document analyzing housing needs in every jurisdiction in the region, pursuant to federal and State requirements (Federal Regulations Title 24, Chapter VIII, Part 891.503(b)(3) and Section 65302(c) of the State Govern- ment Code, subchapter 4 - Housing Element Guidelines). In accordance with these regulations, the model provides: 1. an assessment of lower income . household needs. 2. a distribution plan for those households which could be "expect- ed -to -reside" in each jurisdiction in the SCAG region on the basis of current location of employment or future employment opportunities and the need for spatial deconcentration, taking into account present and potential areas of undue concentrations of low income and minority households within the Region. William Kinley Page 2 Therefore, the RHAM provides the needs assessment for a community's Housing Assistance Plan (HAP) which is submitted by a localgovernmentto HUD as part of its block grant application. SCAG has recently formed -an AD HOC Committee comprised of elected offi- cials, local housing and Community Development staff, planning directors and representatives of the private sector to guide a revision of the Regional Housing Allocation Model to be prepared by July 31, 1978. All jurisdictions within the SCAG region will be given the opportunity to comment on the revised Regional Housing Allocation Model (RHAM). The revised RHAM is scheduled for distribution next month and for adoption by the SCAG Executive Committee in September, 1978. This schedule will allow the revised model to be used in preparing community Housing Assistance Plans (HAPs) for the fifth year of the block grant program, and for preparing local Housing Element's, as required by the State. We hope thatthe information provided in this letter answers the questions that you may have had regarding the Regional Housing Allocation Model (RHAM) and is responsive to your recommendations for needed RHAM revi- sions. Should you have any questions regarding the above information, please feel free to contact Fred Kahane, or Kevin Melia at (213) 385-1000. Sincerely yours, rank E. Hotchkiss Director of Planning FEH:fw 1 F 0 ify RA /j' ye WILLIAM IKlNLEY CITY ATTORNEY SUITE 901 555 EAST OCEAN BLVD. LONG BEACH. CALIF. 90802 (213) 437-0973 February 1, 1978 Southern California Association of Governments 600 South Commonwealth. Avenue, Suite 1000 Los Angeles, California 90005 • Attention: Executive Committee - Re: Regional Housing Allocation Model. Gentlemen: The City Council of the City of Rolling Hills, at its last regular meeting, discussed and reviewed the proposed Regional Housing Allocation Model prepared by your organization and has instructed me to advise you that this proposal is objectionable and useless to the City of Rolling Hills for the following reasons: 1. It violates the existing general plan. and zoning - - ordinances of the City of Rolling Hills 2. Because of the topography of the land in the City of Rolling Hills, there is insufficient usable vacant space to accom- modate the construction of 93 housing units in any one area of the City without doing enormous damage to the environment and creating immeasurable drainage problems; 3. Land costs in the City of Rolling Hills are so expensive that it is realistically impossible to acquire sufficient land on which to construct 93 housing units. at a price that would keep the rental. rate of such units in close proximity with a rate which would be compatible with that charged in other areas for low-cost housing; 4. The impact of 93 low-cost housing units in the City of Rolling Hills would require the construction of additional com- munity services (including installation of a sewer system and waste disposal plant forthe entire city) the cost of which would be prohibitive because of the rough terrain and topography of the land; Southern California Association of Governments February 1, 1978 Page Two 5. All property in the City-. of Rolling Hills is covered by deed restrictions which are rigidly enforced; and which restrict the use of land to single-family residences having lot areas of not less than one acre; . 6. The City Council feels that this proposal interferes drastically with its inherent rights and duties as a general law city to independently determine what is in the best interests of the residents of the City of Rolling Hills, as well as its right to deter- mine what buildings or structures can be constructed within its boundaries. The City Council appreciates the opportunity to closely examine this proposal, . and the time and effort which was expended in. its prepar- ation. Yours very truly, William Kinley CITY ATTORNEY October: 8., .1979. Mr. David Williamson, Supervisor Review :Section Dept. of. Housing and Community "Development 921 loth... Street Sacramento, California_ 9.5814 Dear.Mr, Williamson, 1 have received your letter dated Septernber 28, 1979 relative to the City of Rolling Hills.! , -.Housing Element . In; June, 1973, .the City.:of Rolling Hills adopted.:a" Housing Element to- its." General Plan which. meets: the needs. of. our 2200. residents: -'and complies with" the'.:requirements of California. State Law, Our records indicate that six , (6) copies "`of the: various "elements of -our .General Plan have 'beep forwarded ' to the- State of. California and our'signed, certified receipt;F862556 -indicates that the General ;Plan `was received:by .the "Office: 'of 'the Secretary of State -in July,::1973< -1. hope this reso.lves any questions. you: may have .in -this-matter, but if -:you wish 'further information please do not hesitate . to contact Me. Very truly yours, Teena Clifton City Manager TC: ab .: . �{r w eo-NS� VA- i1oN STATE OF CALIFORNIA EDMUND G. BROWN JR., Governor DEPARTMENT_OF HOUSIN_&AND COMMUNITY DEVELOPMENT DIVISION OF CODES AND STANDARDS 921 10th Street Sacramento, CA 95814 (916) 445-9471 March 9, 1977 INFORMATION BULLETIN SHL 77-2 TO: BUILDING. DEPARTMENTS HEALTH DEPARTMENTS CITY COUNCILS COUNTY BOARDS OF SUPERVISORS DIVISION STAFF SUBJECT: WATER CONSERVATION As the drought worsens many local governing bodies are initiating or may have to initiate emergency water conservation measures. Present law allows local governments considerable flexibility in initiating such measures. The intent of this bulletin is to encourage action which will result in meaning- ful water savings, and to direct your attention to the provisions of the Health and Safety Code which will permit such action. All local governments and enforcement agencies are urged to review their policies and ordinances applicable to water, drainage, and waste disposal systems. Addition or deletion of specific requirements may result in notice- able water savings, while still protecting the health and safety of the gen- eral public without creating undue hardships. We would recommend such action wherever indicated. Typical water conservation measures which may be considered would be flow restrictors on plumbing fixtures, pressure regulators on building supply lines, water limiting devices for water closets, insulationof water piping, and low -flush or waterless toilets or other alternate means of sewage disposal. The Health and Safety Code specifically permits local variations from the State Housing Law regulations when local conditions necessitate such variations. In accordance with an Attorney General's Opinion issued September 6, 1974 (74 Ops. Atty. Gen. 159) the shortage of water is a local condition which would readily justify the adoption of modifications or changes. Information Bulletin SHL 77-2 -2- March 9, 1977 Under Section 17925, a Local Appeals Board may set aside a requirement of the State Housing Law regulations which it determines is unreasonable due to local conditions or factors. Section 17958.5 will permit the local adop- tion, through ordinance, of modifications to the regulations which the govern- ing body finds are reasonably necessary based on local conditions. In addition to the above procedures, the local enforcement agency has the authority to accept alternate materials or installation methods on a case by case basis through Section 17951 of the Health and Safety Code and Section 201 of the Uniform Plumbing Code. A portion of the Commission of Housing and Community Development's meeting scheduled for March 21 will be devoted to the discussion of water conservation measures. Input on si(ch measures which have been adopted locally and have proven effective will be welcomed. • Xavier Mendoza Acting Chief STATE OF CALIFORNIA EDMUND G. BROWN JR., Governor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF CODES AND STANDARDS 921 10th St., 4th Floor, Sacramento 95814 (916) 445-9471 February 22, 1977 TO: All Interested Parties FROM: Jack L. Kerin, Acting Assistant Chief SUBJECT: Change of Address and Mailing List Update The Department of Housing and Community Development, Division of Codes and Standards, announces the following changes, effective March 1, 1977: New address: Telephone No: Acting Chief: 921 10th St., 4th Floor, (916) 445-9471 Xavier Mendoza Acting Assistant Chief: Jack L. Kerin Program Managers: State Housing Law Employee Housing Factory Built Housing Mobilehome Parks Mob ilehomes Area Offices: Sacramento CA 95814 - Bob F. Conley - Robert L. Allen - Calvin Jepsen - G. L. "Roy" Smart Russ Bahr Northern Area Office - Sherwin Nichols 700 L Street, Room 300, Sacramento 95814 Southern Area Office 28 Civic Center Plaza, 445-9471 445-9471 445-0954 445-9471 445-9471 (916) 445-0135 - Donald Erkel (714) 558-4161 Room 639, Santa Ana 92701 0 ft t HILLS By............... ....................... . .. .4 I 24"reCP in egE>52- ,' 45.92 m'a44A4,9 -;;:; 'vG:,iTE sfLCUSgoJ. � F -v D!_-i2iiiCii-=L-oY _LEA RPRaT 1000H BL/TlET 41` Lzaeolev C aiergliN 61N4//,NT V f'Ct� LOS ANGELES CJ 3NT ( rr�>=_ FLOOD C'O'— RO D, -TRICT .a ILI\ `r a AN cif AW l u::--. NI) g, 7 ^ 4.. i7 i �..� e . r a is J DWG. NO. 47O -6650 - Da.. I TO Da.? f LEGEND: - NOT SYSTEMCH--NA TNNED--BY-F C=D. -PPE MANHOLE R P PE `DROP INED NLETC D. NiN iT-N NED BY F.C.D. E`3 - A ZCA . -1.6.-73 A 1 PREPARED RAJ LOS ANGELES COUNTY FLOOD CONTROL DISTRICT DATE 3.76 SCALE !'= GOO' PROJECT NO. GG50 ROLLING HILLS UNIT NO. I - U NE B 0005 -FED %F73 PR0 L6SD Operation and lintenance A. E. BRUINGTON CHIEF ENGINEER M. W. RANSOM CHIEF DEPUTY ENGINEER LOS ANGELES COUNTY FLOOD CONTROL DISTRICT P.O. BOX 2418. TERMINAL ANNEX LOS ANGELES. CALIFORNI/ J 90051 ASST CHIEF DEPUTY ENGINEERS TELEPHONE 223-2tti HOWARD H..HAILE OMER D. HALL CHESTER MAGNESS April 3, 1972 ADMINISTRATIVE DEPUTY .JAMES R. POLLEY FILE NO. Contract No. 1$374, Suppl. 1 Project No. 6650 Rolling Hills Supplemental Agreement "Fourth District Honorable Board of Supervisors Los Angeles County Flood Control District 3$3 Hall of Administration 500 West Temple Street Los Angeles, CA 90012 Gen =•lemen : RBC0M SDATIONS : 1. Approve the enclosed Supplemental Agreement between the City of Rolling Hills and this District. 2. Instruct the Chairman to sign. This Supplemental Agreement defines the activities meant by the terms "Operation and Maintenance" as referred to in the original Agreement approved by your Honorable Board on August 10, 1971, Synopsis 51, and establishes District's and City's responsibilities for any damage or liability resulting from the operation and maintenance of Project No. 6650. sawvi Dee 2250 ALCAZAR STREET. LOS ANGELES :Honorable Board of' Supervisors Page 2 April 3, 1972 The enclosed Supplemental Agreement has been reviewed from a legal standpoint and approved by County Counsel. :The original and three copies of this- Supplemental Agreement are enclosed and have been signed for the City of Rolling Hi -1s. Please have the Chairman sign the original and one copy, retaining the original for your files and one conformed copy for the Audit .-Gontroller. -Please forward one fully signed copy and one -conformed copy to this office. -One approved copy of this letter is requested. Yoursvery truly, A. E. Bruington, Chief Engineer -JDC : ca _`1 grit . 4 cc: ..Board 16 (1 each for Supervisors, Schabarum, Hahn, Debs, Chace, --:Dorn, Mr. Will and Mr. Maharg), Mr. Malsbury, Mr. Ransom, Mr. Polley; Construction, Design, Management Systems, Operation and Maintenance Project Planning (UDP), Mrs. Robson,. -and Mrs. Benjamin • • • IiTsna ceh i.6s• SUPPL 14EW TJ L AGR MENT 2 3 •4 5 6 7 8 10 11 12 13 J N z !..1 14 z 0 IJ f.: R 15 z t z oo Zo_ 16 v :Ui 40 _ 6.a-s g z z 18 oc< z n g 19 0 j - 20 21 22 23 24 25 26. 27 28 29 30 31 32 THIS SUPPTY! ENTAL AGREE1• NT, BY AND BETlvF'P4 AND ICS ANGELES COUNTY FLOOD CONTROL DISTRICT, a body corporate and politic,. hereinafter referred to as "DISTRICT";. CITY OF ROLLING HITt S, a municipal corporation • in -the State of California, hereinafter referred to as "CITY"; I1ITNESSETH: 'WHEREAS, District, in pursuance of the Report of A. E. Bruington, Chief Engineer of District, entitled "Report on the Control of Surface Water by Storm Drains and Drainage Channels, 1970 Program", proposes to construct a storm drain identified as Project No. 6650, Rolling Hills, hereinafter referred to as "storm drain"; and 'WHEREAS, City has designed storm drain in conformance with City's criteria and standards which differ from District's criteria and standards; and WHEREAS, storm drain as designed w:11 serve its tributary draii.age area to the extent intended by the Bond Issue Report; and WHEREAS, the parties hereto have previously entered into an Agreement dated August 10, 1971, District Agreement No. 18374, hereinafter referred to as "engineering Agreement", which provides, among other things, for City to assume responsibility for operation and maintenance of storm drain upon completion of construction and acceptance thereof by District; and WHEREAS, it is in the best interest of District and City to supple ant engineering Agreement to define the activities meant by the terms "operation and maintenance" as referred to in the engineering Agreement and to set forth District's and City's responsibilities -for any damage or liability arising out of the operation and maintenance of storm drain. - NOW, THEREFORE, in consideration of the premises and mutual covenants herein contained, the parties hereto agree as follows: SECTION I DISTRICT A=S: • • 1. District will prepare specifications, advertise, -and administer 76T31)R Cdb 2:60 • 0 z O • 0 u e a u • Z f O K O 0 CI. z 0 J U n 2 . 3 4 5 6 7 8 9 10 the contract for construction of storm drain in accord with plans prepared by City. . 2. District will pay from bond funds all costs for construction, engineering, inspection, administration, and overheads attributed to construction of storm drain. SECTION 1I CITY AGREES: Upon completion and acceptance of construction of storm drain by District, City shall assume responsibility for operation and maintenance of storm drain and all appurtenances thereto at no cost to District. Said 11 operation and maintenance shall include, in addition to the routine operation 12 and maintenance of the storm drain system, major and minor repairs, replacements, .13 reconstruction, modifications or improvements, any work that must be performed 14 on an emergency basis, and also regular inspections, removal of trash and debris, 15 plus all other operation and maintenance as may be necessary for the efficient 16 functio1 ig of storm drain. 17 SECTION III 18 IT IS MUTUALLY UNDERSTOOD AND AGREED: 19 1. Neither.City nor any officer' or employee thereof shall be 20 responsible for any damage or liability occurring by reason of anything done or .21 omitted to be done by District under or in connection with any work, authority, 22 or jurisdiction delegated to District under this Supplemental Agreement. It is 23 also understood and agreed that, pursuant to Government Code, Section 895.4, 24 District shall fully indemnify and hold City harmless from any liability imposed 25 for injury (as defined by Government Cod Section 810.8) occurring by reason of 26 anything done or omitted to be done by District under or in, connection with any 27 work, authority, or jurisdiction delegated to District under this Supplemental S8 Agreement. 29 - 2. Neither District nor any officer 'Or employee thereof is responsible 30 for any damage or liability occurring by reason of anything done or omitted to 31 be done by City under or in connection wi.th any work, authority, or jurisdiction 32' not delegated to District under this Supplemental Igreement. It is also _2_ 7675711. Cdb ).66 . ;1 r 2 3 4 5 6 7 8 9 10 11 •12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 understood and agreed that, pursuant to Government Code, Section 895.4, City shall fully indemnify and hold District harmless from any liability imposed for injury (as defined by Government Code, Section 610.5) occurring by reason of anything done or omitted to be done by City under or•in connection with any work, authority, or jurisdiction not delegated to District under this Supplemental Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Supplemental Agreement to be executed by and through their respective duly authorized officers on this 27 day of "March , 1972 , by City, and on this day of , 197_, by District. ICS ANGELES COUNTY FLOOD CONTROL DISTRICT ATTEST: James S. Mize Executive Officer -Clerk of the Board of Supervisors BY Deputy APPROVED AS TO FORM: ,John D. Maharg County Counsel ATTEST: MLO:mat 2/25/72 By Chairnan, Board of Supervisors CITY OF pOLJ2 V HILLS � Cias# GumEd Reservation Pt. Vicente WE.N COVE 5110100,4) CENTER )N REACT, � 1 0E084050 RAP fff A.f,NO 0100 AVALON BAY d Ann, ow 2 ris IRON BOUND tins 4N 401 Portuguese Pt. snlrm tI t1_ Af1Ui,ut 14"^'a,wW"".3 0/017011.10110 nn 801.114NA sun 9S v2 SANTA -7-% 9* 5/ ISLAND �� RR /SAF E.. . .. A VI Jar MI TOTE: OASNE{{4LINESnI 5 AREA ' inc.' E PRIVATE 00405. ��•.'' Iti - -- - — --- -{- — te 70RRANC£ 'A111NICfAL f V JOT AP ;:36TH i ZV10 i.t'3. ,¢ ilL,_ ST wa cA 236Ti1 C> PL O n N 2344/0 "1,0 7444" ^c36Tli "1-1 � $1 Gam_ ?39T C.) i1F14.RE STEU Royal Palma State gad PERM 240111. 4100 8000 CALLLti'IN N'HAIr.' P0/NT E R�L NA/588 83/ 45.1(/30 035/' I COURSE 1%! /440800 080,0044 P.1PK.s;. ,..5 OA1+o4Oooe nvd�EN GLANDER ST � Steil CN tllAua^�- WEStIA.11.�i SiUnfW00 CT 5//100/5/ _ A sr 31110,. Ui 0 1 33rzps1 4 A Boa --.-- 113 w m044 10.111//!'/' _ A a oa tJ CJ r 5 o- • qy 0.4 • 4Y • ' 1. f✓ ;, �'V' � � a./�b Y t^} c�'�'✓� �,.`""v LJt�-.. ft f'�t..'s .,`.� o `� •�. .'. b 7 l �V 4.5,[.x, , % s '✓ a U tf, L ry t't f .� . < ,,,',:,,pv ,,v 3 :�, ir'. T I tii i .) .� / -7 1^\ , / ff LINE • • A , 1 \ \ e • 1,,' rd: p 24"R .0 .P i 4 • \ `r / --- LEGEND --/ • 1 LINE B r 1- I\ \ \ REAT. 24"R.C.P. r \/ f i I fi 1 4 \ i1- -. \ S \ NG 1L i — e i 24'•R.C. P. \ \ \ / / , ` - / Link C I' \ • ROLLING .\, ILLS \ \ • / I \ • • \ ' -- M MANHOLE - - - - CATCH BASIN MAINTAINED BY F.rC.D.. CATCH BASIN MAINTAINED AINED BY C.D.' NOT A PART OF THIS PROJECT. f r -c %;^.. L'se c . a- weed �; ;•�; L / -/ ;'�'- 2 ✓ STORM DRAIN MAINTAINED BY F. C. D.. ®- - - - - MAINTENANCE REACH NUMBER . LOS ANGELES COUNTY FLOOD CONTROL DI STRICT PROJECT NO. 66O ROLLING HILLS Q IN 3 A, BC AND D I. Sa A`E DATE: AUG., HUD Code homes are available in various configurations and sizes, as well as different levels of grade quality. They are applicable. for installation in one story, split level, full basement or other configurations for varying lot widths, lengths and slopes. Therefore, wesuggest that no minimum nor maximum dimensions be included in your regulations, to facilitate adjustment of home design to lot shape, and size.: This HUD Code home is designed for a single family environment where the materials, textures and style are compatible with single family detached homes. Another HUD Code home environment is that of a new or existing mobilehome park or subdivision where the homemay have an exterior appearance not compatible in a single family area. Therefore, we suggest that in whatever regulation you consider including g you write to implement SB 1960 that the materials and textures used on the exterior of the home be compatible with the neighborhoods into which they are going to be placed.