702-B Planning Housing Element2TATE'= F CALIFORNIA - BUSINESS, TRANSPO-QTATION AND HOUSING AGENCY
PETE WILSON, Governor
DEPARTMENT OF HOUSING AN., :,OMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
1600THIRD STREET, Room 430
P.O BOX 952053
SACRAMENTO, CA 94252-2053
(916) 323-3176 FAX (916) 3234625
September 16, 1992
Mr. Craig R. Nealis
City Manager
City of Rolling Hills,—
No. 2 Portuguese Bend -Road
Rolling Hills, Californiai,/ 90274
IJ, T.
Dear Mr. Nealis:
Item Kg.
(
LEZVA
SEP2'11992
CITY OF ROLLING HILLS
By......................................
Re: Review of the City of Rolling Hills, Resolution
Adopting the Housing Element
Thank you for submitting Resolution No. 660 (with
attachments) adopting the City's housing element, received for
our review on May 18, 1992. This resolution includes findings
describing why the City believes its element complies;with,state
law in spite of the findings of this Department.
As you know, we reviewed the City's adopted housing element
in a letter dated May 4, 1992. Our review found that revisions
were needed in order to bring the element into compliance with
state law (see the enclosed December 20, 1991 and May 4, 1992
review letters). We regret to inform you that review of the
City's findings which include the December 21, 1991 letter from
Karen Warner of Cotton/Beland/Associates, Inc., provides no basis
to revise our findings that additional revisions are necessary in
order to comply with housing element law.
The adopted element should be revised to include a program
to provide adequate sites to accomodate the City's regional
housing needs. While covenants, conditions and restrictions
(CC&Rs) limit development opportunities, the City has the
obligation to remove governmental constraints (i.e. zoning) which
in and of themselves inhibit development opportunities and
restrict the availability of appropriate sites. The City should
utilize its local powers to appropriately zone sites to
accommodate Rolling Hills' share of the regional housing needs
pursuant to Section 65583(c)(1) as well as meet other
requirements of state law (e.g., Section 65913(a)(1-3) of the
Government Code). It is not necessary that the zoning conflict
with the CC&Rs, only that the zoning permit the needed
development as a matter of right pursuant to Section 65583(c)(1).
Mr. Craig R. Nealis
Page Two
While the December 21, 1991 letter from Karen Warner
indicates that geologic conditions may preclude some multifamily
housing development, the City should take action to identify and
zone sites which are appropriate for multifamily development.
In addition to identifying adequate sites for housing
development affordable to all income levels, the City still needs
to address our comments regarding theneed for additional
programs to assist in the development of housing and remove or
mitigate potential or actual governmental constraints to the
maintenance, improvement, or development of housing.
If you have any questions or would like assistance in the
revision of your housing element, please contact Rebecca Hoepcke
of our staff at (916) 327-4076.
In accordance with requests pursuant to the Public Records
Act, we are forwarding copies of this letter to the organizations
e and persons listed below.
Sincerely,
Thomas B. Cook
Deputy Director
cc: Karen Warner, Cotton/Beland/Associates
Carlyle W. Hall, Hall & Phillips Law Firm
Jonathan Lehrer-Graiwer, Attorney at Law
Western Center on Law & Poverty
Fair Housing Council of the San Fernando Valley
Mark Johnson, Legal Aid Foundation of Los Angeles
Ana Marie Whitaker, California State University Pomona
Dennis Rockway, Legal Aid Foundation of Long Beach
David Booher, California Housing Council
Maya Dunne, City of Irvine
Joe Carreras, Southern California Association of Governments
Kathleen Mikkelson, Deputy Attorney General
Bob Cervantes, Governor's Office of Planning and Research
Dwight Hanson, California Building Industry Association
Kerry Harrington Morrison, California Association of
Realtors
Marc Brown, California Rural Legal Assistance Foundation
Rob Wiener, California Coalition for Rural Housing
Susan DeSantis, The Planning Center
STAT OF CALIFORNIA - BUSINESS, TRANSPOI ON AND HOUSING AGENCY
PETE WILSON, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POUCY DEVELOPMENT
1600THIRD STREET, Room 430
P.O BOX 952053
SACRAMENTO, CA 94252-2053
(916) 323-3176 FAX (916) 323-6625
September 16, 1992
Mr. Craig R. Neali,s
City Manager
City of Rolling Hills
No. 2 Portuguese Bend Road
Rolling Hills, California 90274
Dear Mr. Nealis:
S E P 2 1 1992 �..�
CITY OF ROLLING HILLS
By......................................._...
Re: Review of the City of Rolling Hills' Resolution
Adopting the Housing Element
Thank you for submitting Resolution No. 660 (with
attachments) adopting the City's housing element, received for
our review on May 18, 1992. This resolution includes findings
describing why the City believes its element complies with state
law in spite of the findings of this Department.
As you know, we reviewed the City's adopted housing element
in a letter dated May 4, 1992. Our review found that revisions
were needed in order to bring the element into compliance with
state law (see the enclosed December 20, 1991 and May 4, 1992
review letters). We regret to inform you that review of the
City's findings which include the December 21, 1991 letter from
Karen Warner of Cotton/Beland/Associates, Inc., provides no basis
to revise our findings that additional revisions are necessary in
order to comply with housing element law.
The adopted element should be revised to include a program
to provide adequate sites to accomodate the City's regional
housing needs. While covenants, conditions and restrictions
(CC&Rs) limit development opportunities, the City has the
obligation to remove governmental constraints (i.e. zoning) which
in and of themselves inhibit development opportunities and
restrict the availability of appropriate sites. The City should
utilize its local powers to appropriately zone sites to
accommodate Rolling Hills' share of the regional housing needs
pursuant to Section 65583(c)(1) as well as meet other
requirements of state law (e.g., Section 65913(a)(1-3) of the
Government Code). It is not necessary that the zoning conflict
with the CC&Rs, only that the zoning permit the needed
development as a matter of right pursuant to Section 65583(c)(1).
Mr. Craig R. Nealis
Page Two
While the December 21, 1991 letter from Karen Warner
indicates that geologic conditions may preclude some multifamily
housing development, the City should take action to identify and
zone sites which are appropriate for multifamily development.
In addition to identifying adequate sites for housing
development affordable to all income levels, the City still needs
to address our comments regarding the need for additional
programs to assist in the development of housing and remove or
mitigate potential or actual governmental constraints to the
maintenance, improvement, or development of housing.
If you have any questions or would like assistance in the
revision of your housing element, please contact Rebecca Hoepcke
of our staff at (916) 327-4076.
In accordance with requests pursuant to the Public Records
Act, we are forwarding copies of this letter to the organizations
and persons listed below.
Sincerely,
‘v
Thomas B. Cook
Deputy Director
cc: Karen Warner, Cotton/Beland/Associates
Carlyle W. Hall, Hall & Phillips Law Firm
Jonathan Lehrer-Graiwer, Attorney at Law
Western Center on Law & Poverty
Fair Housing Council of the San Fernando Valley
Mark Johnson, Legal Aid Foundation of Los Angeles
Ana Marie Whitaker, California State University Pomona.
Dennis Rockway, Legal Aid Foundation of Long Beach
David Booher, California Housing Council
Maya Dunne, City of Irvine
Joe Carreras, Southern California Association of Governments
Kathleen Mikkelson, Deputy Attorney General
Bob Cervantes, Governor's Office of Planning and Research
Dwight Hanson, California Building Industry Association
Kerry Harrington Morrison, California Association of
Realtors
Marc Brown, California Rural Legal Assistance Foundation
Rob Wiener, California Coalition for Rural Housing
Susan DeSantis, The Planning Center
STATE OF CALIFORNIA - BUSINESS. TRANSI ATION AND HOUSING AGENCY
PETE WILSON, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
1800THIRD STREET, Room 430
P.O BOX 952053
SACRAMENTO, CA 94252-2053
(916) 323-3176 FAX (916) 323-6625
September 16, 1992
Mr. Craig R. Nealis
City Manager
City of Rolling Hills
No. 2 Portuguese Bend Road
Rolling Hills, California 90274
Dear Mr. Nealis:
ggIN
SEP 21 1992
CITY OF ROLLING HILLS
By.. .......... .........................".
Re: Review of the City of Rolling Hills' Resolution
Adopting the Housing Element
Thank you for submitting Resolution No. 660 (with
attachments) adopting the City's housing element, received for
our review on May 18, 1992. This resolution includes findings
describing why the City believes its element complies with state
law in spite of the findings of this Department.
As you know, we reviewed the City's adopted housing element
in a letter dated May 4, 1992. Our review found that revisions
were needed in order to bring the element into compliance with
state law (see the enclosed December 20, 1991 and May 4, 1992
review letters). We regret to inform you that review of the
City's findings which include the December 21, 1991 letter from
Karen Warner of Cotton/Beland/Associates, Inc., provides no basis
to revise our findings that additional revisions are necessary in
order to comply with housing element law.
The adopted element should be revised to include a program
to provide adequate sites to accomodate the City's regional
housing needs. While covenants, conditions and restrictions
(CC&Rs) limit development opportunities, the City has the
obligation to remove governmental constraints (i.e. zoning) which
in and of themselves inhibit development opportunities and
restrict the availability of appropriate sites. The City should
utilize its local powers to appropriately zone sites to
accommodate Rolling Hills' share of the regional housing needs
pursuant to Section 65583(c)(1) as well as meet other
requirements of state law (e.g., Section 65913(a)(1-3) of the
Government Code). It is not necessary that the zoning conflict
with the CC&Rs, only that the zoning permit the needed
development as a matter of right pursuant to Section 65583(c)(1).
Mr. Craig R. Nealis
Page Two
While the December 21, 1991 letter from Karen Warner
indicates that geologic conditions may preclude some multifamily
housing development, the City should take action to identify and
zone sites which are appropriate for multifamily development.
In addition to identifying adequate sites for housing
development affordable to all income levels, the City still needs
to address our comments regarding the need for additional
programs to assist in the development of housing and remove or
mitigate potential or actual governmental constraints to the
maintenance, improvement, or development of housing.
If you have any questions or would like assistance in the
revision of your housing element, please contact Rebecca Hoepcke
of our staff at (916) 327-4076.
In accordance with requests pursuant to the Public Records
Act, we are forwarding copies of this letter to the organizations
and persons listed below.
Sincerely,
0414 greLie'f
Thomas B. Cook
Deputy Director
cc: Karen Warner, Cotton/Beland/Associates
Carlyle W. Hall, Hall & Phillips Law Firm
Jonathan Lehrer-Graiwer, Attorney at Law
Western Center on Law & Poverty
Fair Housing Council of the San Fernando Valley
Mark Johnson, Legal Aid Foundation of Los Angeles
Ana Marie Whitaker, California State University Pomona
Dennis Rockway, Legal Aid Foundation of Long Beach
David Booher, California Housing Council
Maya Dunne, City of Irvine
Joe Carreras, Southern California Association of Governments
Kathleen Mikkelson, Deputy Attorney General
Bob Cervantes, Governor's Office of Planning and Research
Dwight Hanson, California Building Industry Association
Kerry Harrington Morrison, California Association of
Realtors
Marc Brown, California Rural Legal Assistance Foundation
Rob Wiener, California Coalition for Rural Housing
Susan DeSantis, The Planning Center
RICHARDS, WATSON & GERSHON
ATTORNEYS AT LAW
A PROFESSIONAL CORPORATION
GLENN R. WATSON
ROBERT G. BEVERLY
HARRY L. GERSHON
DOUGLAS W. ARGUE
MARK L LAMKEN
ARNOLD SIMON
ERWIN E. ADLER
DRNOLD D. P)QPER
FRED A. FENSTER
ALLEN E. RENNETT
STEVEN L DORSEY
WILLIAM L STRAUSZ
ROBERT M. OOLDFRIED
ANTHONY B. DREWRY
MITCHELL E. ABBOTT
TIMOTHY L NEUFELD
ROBERT F. DE METER
GREGORY W. STEPANICtGH
ROCHELLE BROWNE
DONALD STERN
MICHAEL JENKINS
WILLIAM B. RUDELL
DAVID L COHEN
QUINN M. BARROW
CAROL W. LYNCH
COLEMAN J. WALSH. JR.
JOHN A. BELCHER
JEFFREY A. RABIN
GREGORY M. KUNERT
SCOTT WEIBLE
THOMAS M. JIMBO
MICHELE BEAL BAONERIS
WILUAM K. KRAMER
•
CURTIS L COLEMAN
STEVEN H. KAUFMANN
MARSHA JONES MOUTRIE
AMANDA P. BUSSKIND
WILLIAM E. MATSUMURA
ROBERT C. CECCON
PAMELA A. ALBERS
SAYRE WEAVER
KEVIN G. ENNIB
ROBIN D. HARRIS
MICHAEL ESTRADA
EFRAT M. COOAN
LAURENCE 8. WIENER
DAVID P. WARE
CHRIST HOGIN
STEVEN R. ORR
DEBORAH R. HAKMAN
SCOTT K SHINTANI
MICHAEL G. COLANTUONO
JACK B. SHOLKOFF
B. TILDEN KIM
DARYL T. TESHIMA
CHRISTINA R. MELTZER
8IROIT A. HUBER
B. ALAN RAY
RUBIN D. WEINER
BASKIA T. ASAMURA
ADAM F. STREISAND
TAYLOR L FTTZMAURICE
DAVID M. FLEISHMAN
KAYSER O. SUME
STEVEN L HOLCOMB
September 23, 1992
CONFIDENTIAL
THIS MATERIAL IS SUBJECT TO
THE ATTORNEY -CLIENT AND/OR THE
ATTORNEY WORK PRODUCT PRIVILEGES.
DO NOT DISCLOSE THE CONTENTS
HEREOF. DO NOT FILE WITH
PUBLICLY ACCESSIBLE RECORDS.
Mr. Craig Nealis
City Manager
City of Rolling Hills
2 Portuguese Bend Road
Rolling Hills, California 90274
RICHARD RICHARDS
(1918.1988)
THIRTY-EIGHTH FLOOR
333 SOUTH HOPE STREET
LOS ANGELES. CALIFORNIA 90071-1469
(213) 628-8484
TELECOPIER (213) 626-0078
OF COUNSEL
RICHARD H. DINEL
1911245
OUR FILE NUMBER
R6980-00001
Re: HCD Comments on Housing Element of the General
Plan
Dear Mr. Nealis:
Mike Jenkins has asked me to respond to your request
for advice with respect to the September 16, 1992 letter from
Thomas B. Cook, Deputy Director of the State Department of
Housing and Community Development (HCD). Mr. Cook's letter
restates HCD's previous position that the City's Housing Element
requires further revision to comply with the Government Code.
Because Mr. Cook does not raise any new points, the
advice of my June 10, 1992 letter to you remains current:. the
City Council need not take further action with respect to the
Housing Element unless it wishes to reexamine its basic land use
policies.
I recommend that you place Mr. Cook's letter on. the
City Council agenda to be received and filed. That action should
be noted in the minutes. This will allow us to demonstrate, if
necessary, that the Council considered HCD's comments and made a
considered, legislative judgment that no response was warranted.
ggYEaVitb
SEP241992
CITY OF ROLLING HILLS
9V
RICHARDS, WATSON & GERSHON
CONFIDENTIAL
Mr. Craig Nealis
September 23, 1992
Page 2
THIS MATERIAL IS SUBJECT TO THE ATTORNEY -CLIENT
AND/OR THE ATTORNEY WORK PRODUCT'PRIVILEGES.
DO NOT DISCLOSE THE CONTENTS HEREOF.
DO NOT FILE WITH PUBLICLY ACCESSIBLE RECORDS.
If you or the City Council have further questions
regarding this matter, please feel free to call me or Mike.
Very truly yours,
chael G. Colantuono
cc: Michael Jenkins, Esq.
MGC:mgc
1911245