Housing Element, General Plan Adopted October 26, 1981 Updated July 01, 1984CITY OF ROLLING'HILLS
PLANNING COMMISSION
June 19, 1984
MEMORANDUM
SUBJECT: GENERAL PLAN HOUSING ELEMENT
STATE MANDATED REVIEW AND UPDATE
The State of California Health and Safety Code mandates periodic
review and update of local housing plans. July 1, 1984 is specifi-
cally designated in Section 65588 of the Government Code as an
absolute deadline for this consideration.
The City of Rolling Hills has regularly reviewed its housing stock
through various analysis. The July 1, 1984 deadline offers the
opportunity to formalize this review and advise the State of California
of the City's findings.
BUILDING ACTIVITY
Thirteen single family residences have been constructed in the City
since the adoption of the Housing Element in 1981, Seven homes have
been demolished for a net gain of six housing units. None of the
demolitions could be considered low cost or affordable units.
New Units Demolitions
January - December 1981 4 1
January - December 1982 4 0
January - December.1983 3 3
January - May 1984 2 3.
Total 13 7
Source: Los Angeles County Building and Safety records
OCCUPANCY
•
The Southern California Association of Governments Regional.Housing
Allocation Model (RHAM)'shows 668 dwelling units serving 644 households
indicating 24 unoccupied units for a vacancy factor of 3.4%, well
above the 2% vacancy factor thought to be a minimum acceptable standard
for owner occupied units in the region.
O
Page 2
HOUSING UNITS NOW UNDERWAY
The City joined other neighboring cities in pooling financial
resources to construct low cost housing in the greater community.
To date two projects have been initiated which address area housing
needs:
1. 78 rental units for low income, elderly or handicapped
persons at 24925 Walnut Street, Lomita, are now under
construction.
2. 67 rental units for low income elderly or handicapped
persons at 25109 Ebony Lane, Lomita, are projected
for construction in 1985.
PROGRAMS
The City has taken the following actions to implement the Goals
of the Housing Element:
1. Amended the City Code to provide for manufactured homes,
mobile homes and trailers.
2. Contributed seed money toward the development of 145
rental units for elderly or handicapped people in
two projects in the neighboring City of Lomita.
3.: Amended the City Code to provide density bonuses for
developers willing to build low and moderate income
housing within the City.
4. Met with representatives of other jurisdictions to
discuss cooperative housing strategies.
RECOMMENDATION
The Planning Commission recommends that the City Council find
that:
1. The Goals, Objectives and Policies of the Housing
Element are effective and contribute to the attainment
of the City's housing goals.
2. The City is making progress in reaching its residential
housing goals by its participation in cooperative housing
programs.
3. No portion of the City is located within the State Coastal
zone and no low and moderate income housing units have been
demolished or converted..
Page 3
The results of the City Council's findings in this matter should
be forwarded to the State of California Department of Housing
and Community Development for their record.
Respectfully submitted,
Richard C. Anderson
Planning Advisor
Article 10.6. Housing Elements
•
65580. The Legislature *finds and declares as follows:
(a) The availability of housing is of vital statewide
• ° • importance, 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 early attainment of this goal requires the
' • -:'cooperative participation of government and the
private sector in an effort to expand housing oppor-
tunities 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 coopera-
•• tion of all levels of government.
(d) Local and state governments have a responsibility
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.
(e) • •The Legislature recognizes that in carrying out this
responsibility, 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 govern:ents and the state in addressing re-
gional housing needs.
(/added by Stats. 1980, Ch. 1143.) .1
65531. It is the intent of the Legislature in enacting this article: Intent
(a) To assure that counties and cities recognize their
responsibilities in contributing to the attainment
of the state housing goal.
(b) To assure that counties and cities will prepare and
implement housing elements which, along with fed-
eral and state programs, will move toward attain-
ment of the state housing goal.
(c) To recognize that each locality is best capable of
determining what efforts are required by it to
Legislative policy
•
Revised February 1984
4
a
contribute to the attainment of the state housing
goal, provided such a determination is compatible
with the state 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.
(Added by Stats. 1980, Ch. 1143.)
65582- As used in this article:
(a) "Community," "locality," "local government," or
"jurisdiction" means a city, city and county, or
county.
(b) "Department" means •the Department of Housing
and Community Development.
(c) "Housing element" or "element" means the housing
element of the community's general plan, as re-
quired pursuant to this article and subdivision (c)
of Section 65302.
(Added by Stats. 1980, Ch. 1143.)
65583. The housing element shall consist of an identification
and analysis of existing and projected housing needs and a statement
of goals, policies, quantified objectives, and scheduled programs for
the preservation, . improvement, and development of housing. The
housing element shall identify adequate sites for housing, including
rental housing, factory -built housing, and mobilehomes, and shall
male 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 meet
in* of these needs. The assessment and inventory
shall include the following: .
(1) Analysis of. population and employment trends
and documentation of projections and a quanti-
fication of the locality's existing and projected
housing needs for all income levels. Such
existing and projected.needs shah include the
locality's share of the regional housing need
in accordance with Section 65584.
(2) Analysis and documentation of household char-
acteristics, including level of payment corn-
" .pared to ability to pay, housing characteristics,
including overcrowding, and housing stock con-
dition.
(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, improve-
ment, or development of housing for all income
levels, including land use controls, building
codes and their enforcement, site improve-
ments, fees and other exactions required of
•
Definitions
Housing Element
Content
Needs Assessment
a
developers, ant - '?cal processing and permit
procedures.
(5) Analysis of potential and actual nongovern-
mental constraints upon the maintenance, im-
provement, 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 fami-
lies, farmworkers, and families with female
heads of households.
(7) Analysis of opportunities for energy conserva-
tion with respect to residential development. Goals, objectives (b) A statement of the community's goals, quantified and of ties ,
objectives, and policies -relative to the mainte- F
nance, 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
plan requirements outlined in Article 5 (commenc-
ing with Section 65300). Under these. circum-
stances, the quantified objectives need not be iden-
tical to the identified existing housing needs, but
should establish the maximum number of housing
units that can be constructed, rehabilitated, and
conserved over a five-year time frame. Im Iementationrog
(c) A program which sets forth a five-year schedule P program
actions the local government is undertaking or ram
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 con-
cessions and incentives, and the utilization of ap-
propriate federal and state financing and subsidy
programs when available. In order to make ade-
quate provision for the housing needs of all econom-
ic 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 devel-
opment 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 mobile -
homes, in order to meet the community's hous-
ing goals as identified in subdivision (b).
(2) Assist in the developrnent 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 develop-
ment of housing.
4
E'
(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.
The prograrn shall include an identification of the agencies
and officials responsible for the implementation of the various
actions and 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 participa-
tion of all economic segments of the community in the development
of the housing element, 'and the program shall describe this effort.
(Added by Stats. 1980. Ch. 1143.)
65584. (a) For 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 distribu-
tion of regional housing needs shall, based upon available data, take
into consideration market demand for housing, .employment oppor-
tunities, the availability of suitable sites and public facilities,
commuting patterns, type and tenure of housing need, and the
housing needs of farmworkers. The distribution shall seek to avoid
further impaction of Iocalities with relatively high proportions of
lower income households. Based upon data provided by the. Depart-
ment of Housing and Community Development relative to the
statewide need for housing, each council of governments shall
determine the existing and projected housing. need. for its region.
The- Department of .Housing and Community Development shall
ensure that this determination is consistent with the statewide
housing need and may 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 the department
subject to the. procedure 'established pursuant to subdivision (c).
(b) For areas with no council of governments, the Depart-
ment of Housing and Community Development 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 jurisdic-
tion, 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 days following a determination of a council
of governments pursuant to subdivision (a), or the department's
determination pursuant to subdivision (b), 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 60 days of the local government's revision, the council of
governments or the department, as; the case may be, shall accept
the revision or shall indicate, based upon available data and accepted
planning methodology, why the revision is inconsistent with the
regional housing need. The housing element shall contain an analysis
of the factors and circumstances, with all supporting data, justifying
the revision. All materials and data used to justify any revisicn
Regional housing
needs •
s
it"i;. - •-
shall be made available upon request by any interested party within
45 days upon payment of reasonable costs of reproduction unless
such costs are waived due to economic hardship.
(d) Any authority to review and revise a local government's
share of the regional housing need granted under this section shall
net 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.
(Added by Stats. 1980, Ch. 1143.)
65585- (a) Each.city, county, and city and county shall consider Housing element
the guidelines adopted by the Department of Housing and Community guidelines
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.
(b) At least 90 days prior to adoption of the housing element State review
pursuant to this article and Section 65357, or at least 45 days prior
to the adoption of an amendment to this element, the planning
agency of a city, county, or city and county shall subrnit a draft
of the element or .amendment to the Department of Housing and
Community Development. The department shall review drafts
submitted to it and report its findings to the planning agency within
90 days of receipt of the draft in the case of adoption of the
housing element pursuant to this article, or within 45 days of
receipt of the draft in the case of an amendment. Tne legislative
body shall consider the department's findings prior to final adoption
of the housing element or amendment.
(c) Each local government shall provide the department with Copy
a copy of its adopted housing element .or amendments. The
department may review adopted housing elements or amendments
and report its findings.
(d) Except as provided in Section 65586, any and all findings Advisory review
made by the Department of Housing and Community Development
pursuant to subdivisions (b) -and (c) shall be advisory to the local
government.
(Added by Stats. 1980, Ch. 1143.)•
65586. Local governments shall conform their housing elements Deadline for
to the provisions of this article on or before October 1, 1981. adoption
Jurisdictions. with housing elements adopted before October 1, 1981,
in conformity with the housing element guidelines adopted. by the
Department of Housing and Community Development on Decem-
ber 7, 1977, and located in Subchapter 3 (commencing with Section
6300) of Chapter 6 of Part 1 of Title 25 of the California Adminis-
trative Code, shall be deemed in compliance with this article as
of its effective date. A locality with a housing element found to
be adequate by the department before October 1, 1981, shall be
deemed in conformity with these guidelines.'
(Added by Stats. 1980, Ch. 1143.)
•
65537. (a) Each city, county, or city and county shall bring
its housing element, 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. -
•
s
}
(b) Any action brought by an interested party to review the
conformity with the 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 element or portion thereof or revision thereto
reasonably complies with the requirements of this article.
(Added by Stats. 1980, Ch. 1143.)
(c) If a court finds that an action of a city, county, or city and
county, which is required to be consistent witli its general plan, does
not comply with its housing element, the city, county, or city and
county shall bring its action into compliance within 60 days. How-
ever, , the court shall retain jurisdiction throughout the period for
compliance to enforce its decision. Upon the court's determination
that the 60 -day period for compliance would place an undue hardship
on the city, county, or city and county, the court may extend the
time period for compliance by an additional 60 clays.
(Added by Stats.1980, c. 1143, p. 3697, § 3. Amended by Stats.19S2, c.
1355, § 1; Stats.19s2, c. 1433, § 1.)
65537.1(a) The Legislature finds and declares that local policies and
programs which increase housing opportunities through a tax-exempt
revenue bond program or through a requirement that the approval of
a housing related project be tied to the provision of assistance for
housing are consistent with the intent of this article. The Legisla-
ture further finds and declares that actions which have the effect of
impeding or halting such policies and programs or the direct produc-
tion of housing run contrary to the goals of increased housing oppor-
tunities and balanced commercial and residential development embod-
ied in this article.
(b) Notwithstanding any other provision of law, neither a mort-
gage revenue bond program subject to subdivision (b) of Section
52053.5 of the Health and Safety Cocle nor a local approval, made
prior to May 1, 1983, of a housing related project shall be invalidated
clue to the failure or alleged failure of a city and county to comply
with this; article, subdivision (c) of Section 65302 of the Government
'Code, or any regulations or guidelines adopted pursuant thereto, or
any other provision of law requiring or claimed to require consisten-
cy with the housing element of a local general plan. For purposes of
this section, a "housing related project" means (a) a residential proj—
ect or (b) a nonresidential project, the local approval of which was
conditioned upon the nonresidential developer (1) developing or reha-
bilitating or causing to be developed or rehabilitated housing units, or
(2) providing funds for the development or rehabilitation of housing
units, or (3) investing in a mortgage revenue bond program subject
to subdivision (b) of Section 52053.5 of the Health and Safety Cocle,
under a formula or guidelines adopted by the planning commission or
judicial Standard
of Review
Time for Compliance
Revenue Bond Progr;
Local Approval of
Housing Related
Projects; Conplian
With Relevant Laws
local governing body of the ..ay and county. For purposes of t►:`
section, "housing related project" shall not.inclucle a project, the con-
struction or development of which requires either the demolition or
conversion of low- or moderate -rental residential units and the local
approval of which does not provide for the replacement of such units
and for the maintenance in such units of rents affordable to low- and
moderate -income persons for a period of not less than 20 years.
(Added by Stats.1982, c. 312, § 1, urgency, eff. June 2S, 1982.)
b5588(a) Each local government shall review its housing element as
frequently as appropriate to evaluate all of the following:
(1) The 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 im-
plementation of the housing element.
(b) The housing element shall be revised as appropriate, but not
less than every five years, to reflect the results of this periodic re-
vew, except that the first such revision shall be accomplished by July
1, 1934.
(c) The review and revision of housing elements required by
this section shall take into account any low- or moderate -income
housing which has been provided or required pursuant to Section
05590.
(d) The review pursuant to subdivision (c) shall include, but
need not be limited to, the following:
(1) The number of new housing units approved for construction
within the coastal zone after January.1, 1932.
(2) The number of housing units for persons and families of low
or moderate income, as defined in Section 50093 of the Health and
Safety Code, required to be provided in new housing developments ei-
ther within the coastal zone or within three miles thereof pursuant to
Section 65590.
(3) The number of existing residential dwelling units occupied
by persons arid families of low or moderate income, as defined in Sec-
tion 50093 of the Health and Safety Code, that have been authorized
to be demolished or converted since January 1, 1982, in the coastal
zone.
(4) The number of residential dwelling units for persons and
families of low or moderate income, as defined in Section 50093 of
the Health and Safety Code, that have been required for replacement
or authorized to be converted or demolished as identified in para-
graph (3). The location of the replacement units, either onsite, else-
where within the locality's jurisdiction within the coastal zone, or
within three miles of the coastal zone within the locality's jurisdic-
tion, shall be designated in the review.
(Added by Stats.1980, c. 1143, p. 3697, § 3. Amended by Stats.1982, c. 43, §
1, urgency, eff. Feb. 17, 1982; Stats.1982, c. 764, § 1.)
te
Periodic Review and
. Revision
d
/ Y'
1: %. y
65589 (a) Nothing in this article shall require a city, county, Legal Effect
or city and county to do any of the following:
(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 be construed to be a grant
of authority or a repeal of any 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) The provisions of this article shall be construed consis-
tent with, and in promotion of, the statewide goal of a sufficient
supply of decent housing to meet the needs of all Californians.
(Added by Stats. 1980, c. 1143, p. 3697, § 3.)
65589.5 When a proposed housing development project complies Proposal of
with the applicable general plan, zoning, and development policies Local Agency
in effect at the time that the housing development project's to Disapprove
application is determined to be complete, but the local agency or Approve
proposes to disapprove the project or to approve it upon the con- Project on
dition that the project be developed at a lower density, the local Condition of
agency shall base it decision regarding the proposed housing Lower Density;
development project upon written findings supported by substan- Written
tial evidence on the record that both the following conditions Findings;
exist: Existence
of Conditions
(a) Each local government shall consider the guidelines
adopted by the department * * * pursuant to Section 50459 of
the Health and Safety Code in the preparation and amendment
of its housing element pursuant to this article. Those guide-
lines 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
45 days prior to the adoption of an amendment to this element,
the planning agency of a local government shall submit a draft
of the element or amendment to the department * * *. The
department shall review drafts submitted to it and report _
its findings to the planning agency within 90 days of receipt
of the draft in the case of adoption of the housing element
pursuant to this article, or within 45 days of receipt of the
draft in the case of an amendment. The legislative body shall
consider the department's findings prior to final adoption of
the housing element or amendment unless the department's
findings are not available within the above prescribed time
t`.
limits. If the department's findings are not available within
•
those prescribed time limits, the legislative body may take the
department's findings into consideration at the time it considers
future amendments to the housing element.
(c) Each local government shall provide the department with
a copy of its adopted housing element or amendments. The depart-
ment may 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 * * * pursuant to subdivisibh (b) and (c)
shall be advisory to the local government.
(Amended by Stats. 1983, c. 1250, p. ----, 2;urgency, eff.
Sept. 30, 1983, operative Jan. 1, 1984)
65589.8 A local government which adopts a requirement in Fixed Percent -
its housing element that a housing development contain a fixed age of
percentage of affordable housing units, shall permit a developer Affordable
to satisfy all or a portion of that requirement by constructing Housing Units
rental housing at affordable monthly rents, as determined by the Satisfaction
local government. of Requiremen
Nothing in this section shall be construed to expand or con- by Constructi
tract the authority of a local government to adopt an ordinance, of Rental
charter amendment, or policy requiring that any housing develop- Housing at
ment contain a fixed percentage of affordable housing units. Affordable
Monthly Rents
(Added by Stats. 1983, c. 787, p. ----, § 1.)
Revised February 1984
development project's application is determined to be com-
plete, but the local agency proposes to disapprove the
project or to approve it upon the condition that the project
be developed at a lower density, the local agency shall base
its decision regarding the proposed housing development
project upon written findings supported by substantial evi-
dence on the record that both of the following conditions
exist:
(a) The housing development project would have a specific,
adverse impact upon the public health or safety unless the
project is disapproved or approved upon the condition that
the project be developed at a lower density.
(b) There is no feasible method to satisfactorily mitigate
or avoid the adverse impact identified pursuant to subdivi-
sion (a), other than the disapproval of the housing develop-
ment project or the approval of the project upon the
condition that it be developed at a lower density.
(Added by Stats. 1982, Ch. 1438. No repealer.)
Article 10.7. Low- and Moderate -Income Housing Within
the Coastal Zone
(Added by Stats. 1982, Ch. 43. Effective February 17,
1982.)
Requirements for
housing
Replacement housing
65590. (a) In addition to the *** requirements of Article
10.6 (commencing with Section 65580), the provisions and
requirements of this section shall apply within the coastal
zone as defined and delineated in Division 20 (commencing
with Section 30000) of the Public Resources Code. Each
respective local government shall comply with the require-
ments of this section in that portion of its jurisdiction
which is located within the coastal zone.
(b) The conversion or demolition of existing residential
dwelling units occupied by persons and families of low or
moderate income, as defined in Section 50093 of the Health
and Safety Code, shall not be authorized unless provision
has been made for the replacement of those dwelling units
with units for persons and families of low or moderate
income. Replacement dwelling units shall be located within
the same city or county as the dwelling units proposed to
be converted or demolished. The replacement dwelling units
shall be located on the site of the converted or demolished
structure or elsewhere within the coastal zone if feasible,
or, if location on the site or elsewhere within the coastal
zone is not feasible, they shall be located within three
miles of the coastal zone. The replacement dwelling units
shall be provided and available for use within three years
from the date upon which work commenced on the conver-
sion or demolition of the residential dwelling unit. In the
event that an existing residential dwelling unit is occupied
by more than one person or family, the provisions of this
subdivision shall apply if at least one such person or family,
68
excluding any dependents thereof, is of low or moderate
income.
For purposes of this subdivision, a residential dwelling
unit shall be deemed occupied by a person or family of low
or moderate: income if the person or family was evicted
•
from that dwelling unit within one year prior to the filing
of an application to convert or demolish the unit and if
the eviction was for the purpose of avoiding the require-
ments of this subdivision. If a substantial number of persons
or families of low or moderate income were evicted from
a single residential development within one year prior to
the filing of an application to convert or demolish that
structure, the evictions shall be presumed to have been for
the purpose of avoiding the requirements of this subdivision
and the applicant for the conversion or demolition shall
bear the burden of proving that the evictions were not for
the purpose of avoiding the requirements of this subdivision.
The requirements of this subdivision for replacement dwel-
ling units shall not apply to the following types of conversion
or demolition unless the local government
n of ntrddeterminescvetted that
replacement of all or any portion
demolished dwelling units is feasible, in which event replace-
ment dwelling units shall be required:
(1) The conversion or demolition of a residential structure
which contains less than three dwelling units, or, in the
event that a proposed conversion or demolition involves
more than one residential structure, the conversion or demo-
lition of 10 or fewer dwelling units.
(2) The conversion or demolition of a residential structure
for purposes of a nonresidential use which is either "coastal
dependent", as defined in Section 30101 of the Public Re-
sources Code, or "coastal related," as defined in Section
30101.3 of the Public Resources Code. However, the
coastal -dependent or coastal -related use shall be consistent
with the provisions of the land use plan portion of the local
government's local coastal program which has been certified
as provided in Section 30512 of the Public Resources Code.
Examples of coastal -dependent or coastal -related uses in-
clude, but are not limited to, visitor -serving commercial or
recreational facilities, coastal -dependent industry, or boat-
ing or harbor facilities.
(3) The conversion or demolition of a residential structure
located within the jurisdiction of a local government which
has within the area encompassing the coastal zone, and
three miles inland therefrom, less
than
acres,
andavailable
for aggre-
gate, of land which is vacant, privately owned
for residential use.
(4) The conversion or demolition of a residential structure
located within the jurisdiction of a local government which
*** has established a procedure under which an applicant
for conversion or demolition will pay art in -lieu fee into a
program, the various provisions of which, in aggregate, will
result in the replacementof the number of dwelling units
6-79134
69
Shift in use
New housing
construction
3udicial standard of
review
Grandf athering
which would otherwise have been required by this subdivi-
sion. As otherwise required by this subdivision, the replace-
ment units shall, (i) be located within the coastal zone if
feasible, or, if location within the coastal zone is not:
feasible, shall be located within three miles of the coastal
zone, and (ii) shall be provided and available for use within
three years from the date upon which work commenced on
the conversion or demolition.
The requirements of this subdivision for replacement dwel-
ling units shall not apply to the demolition of any residential
structure which has been declared to be a public nuisance
under the provisions of Division 13 (commencing with Section
17000) of the Health and Safety Code, or any local ordinance
enacted pursuant to those provisions.
For purposes of this subdivision, no building, which con-
forms to the standards which were applicable at the time
the building was constructed and which does not constitute
a substandard building, as provided in Section 17920.3 of
the Health and Safety Code, shall be deemed to be a public
nuisance solely because the building does not conform to
•
one or more of the current provisions of the Uniform
Building Code as adopted within the jurisdiction for new
construction.
(c) The conversion or demolition of any residential struc-
ture for purposes of a nonresidential use which is not
"coastal dependent," as defined in Section 30101 of the
Public Resources Code, shall not be authorized unless the
local government has first determined that a residential use
is no longer feasible in that location. If a local government
makes this determination and authorizes the conversion or
demolition of the residential structure, it shall require
replacement of any dwelling units occupied by persons and
families of low or moderate income pursuant to the applica-
ble provisions of subdivision (b).
(d) New housing developments constructed within the
coastal zone shall, where feasible, provide housing units for
persons and families of low or moderate income, as defined
in Section 50093 of the Health and Safety Code. Where
it is not feasible to provide these housing units in a proposed
new housing development, the local government shall require
the developer to provide such housing, if feasible to do so,
at another location within the same city or county, either
within the coastal zone or within three miles thereof. In
order to assist in providing new housing units, each local
government shall offer density bonuses or other incentives,
including, but not limited to, modification of zoning and
subdivision requirements, accelerated processing of required
applications, and the waiver of appropriate fees.
(e) Any determination of the "feasibility" of an action
required to be taken by this section shall be reviewable
pursuant to • the provisions of Section 1094.5 of the Code
of Civil Procedure.
(f) The housing provisions of any local coastal program
70
prepared and certified pursuant to Division 20 (commencing
with Section 30000) of the Public Resources Code prior to
January 1, 1982, shall be deemed to satisfy all of the
requirements of this section. Any change or alteration in
those housing provisions made on or after January 1, 1982,
shall be subject to all of the requirements of this section.
(g) As used in this section:
(1) "Conversion" means a change of a residential dwelling,
including a mobilehome, as defined in Section 18008 of the
Health and Safety Code, or a mobilehome lot in a mobile -
home park, as defined in Section 18214 of the Health and
Safety Code, or a residential hotel as defined in paragraph
(1) of subdivision (b) of Section 50519 of the Health and
Safety Code, to a condominium, cooperative, or similar
form of ownership; or a change of a residential dwelling,
including a mobilehome, or a mobilehome lot in a mobile -
home park, or a residential hotel to a nonresidential use.
(2) "Demolition" means the demolition of a residential
dwelling, including a mobilehome, as defined in Section
18008 of the Health and Safety Code, or a mobilehome lot
in a mobilehome park, as defined in Section 18214 of the
Health and Safety Code, or a residential hotel, as defined
in paragraph (1) of subdivision (b) of Section 50519 of the
Health and Safety Code, which has *** not been declared
to be a public nuisance under Division 13 (commencing with
Section 17000) of the Health and Safety Code or any local
ordinance enacted pursuant to those provisions.
(3) "Feasible" means capable of being accomplished in a
successful manner within a reasonable period of time, taking
into account economic, environmental, social, and technical
- factors.
(h) With respect to the requirements of Sections 65583
and 65584, compliance with the requirements of this section
is not intended and shall not be construed as any of the
following:
(1) A statutory interpretation or determination of the
local government actions which may be necessary to comply
with the requirements of those sections; except that com-
pliance with this section shall be deemed to satisfy the
requirements of paragraph (2) of subdivision (c) of Section
65583 for that portion of a local government's jurisdiction
which is located within the coastal zone.
(2) A limitation on the program components which may
be included in a housing element, or a requirement that a
housing element be amended in order to incorporate within
it any specific provision of this section or related policies.
Any revision of a housing element pursuant to Section 6558E
shall, however, take into . account any low- or moderate -
income housing which has been provided or required pursuant
to this section.
(3) Except as otherwise specifically required by this sec-
tion, a requirement that a local government adopt individual
ordinances or programs in order to implement the require -
Definitions
71
Fees
Legislative intent
Uncodified policy
Application of section
Title
ments of this section.
(i) No provision of this section shall be construed as
increasing or decreasing the authority of a local government
to enact ordinances or to take any other action to ensure
the continued affordability of housing.
(j) Local governments may impose fees upon persons sub-
ject to the provisions of this section to offset administrative
costs incurred in order to comply with the requirements of
this section.
(k) This section establishes minimum requirements for
housing within the coastal zone for persons and families of
low or moderate income. It is not intended and shall not
be construed as a limitation or constraint on the authority
or ability of a local government, as may otherwise be
provided by law, to require or provide low- or moderate -
income housing within the coastal zone which is in addition
to the requirements of this section.
(Amended by Stats. 1982, Ch. 1246. No repealer.)
Note: Stats. 1982, Ch. 1246, also contains the following:
Sec. 3. A new time-share project, estate or use as
defined in Section 11003.5 of the Business and Professions
Code shall be deemed to comply with subdivision (c) of
Section 65590 of the Government Code if it provides for
replacement of all residential dwelling units occupied as a
primary residence by persons and families of low or mod-
erate income as defined in Section 50093 of the Health and
Safety Code with an equivalent number of residential dwell-
ing units for persons and families of low or moderate income
prior to any demolition or conversion of the existing resi-
dential use.
This provision shall remain in effect until January 1,
1985.
65590.1. Any local government which receives an applica-
tion as provided in Section 30600.1 of the Public Resources
Code to apply the requirements of Section 65590 to a
proposed development shall apply these requirements within
90 days from the date on which it has received that
application and accepted it as complete. In the event that
the local government has granted final discretionary ap-
proval to the proposed development, or has determined that
no such approval was required, prior to receiving the applica-
tion, it shall, nonetheless, apply the requirements and is
hereby authorized to conduct proceedings as may be neces-
sary or convenient for the sole purpose of doing so.
(Added by Stats. 1982, Ch. 43. Effective February 2,
1982.)
Article 10.8. Community Facilities Plan
(Added by Stats. 1982, Ch. 1506.)
65591. This article shall be known and may be cited as
the "Local -State Financial Coordination Act."
(Added by Stats. 1982, Ch. 1506.)
72
JODY MURDOCK
Mayor
GINNY LEEUWENBURGH
Mayor pro tem
THOMAS F. HEINSHEIMER
Councilman
GODFREY PERNELL
Councilman
GORDANA SWANSON
Councilwoman
oflrje
o/ i2 l� ' �•�� �eJ��n
j/t� ,I'NCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS. CALIF. 90274
(213) 377-1521
July 25, 1983
Southern California Association of Governments
600 South Commonwealth Avenue, Suite 1000
Los Angeles, CA 90005
Attention: Mr. Fred Kahane
Housing Program Manager
Dear Mr. Kahane:
,e2,1,0t--46-61q/G6), .y.) 4/ c
Subject: RHAM Model Revisions/
Population Forecast
The City Council of Rolling Hills has reviewed the population
forecasts for the year 2000 and the new Regional Housing Allocation
Model (RHAM) for the City. Rolling Hills is among the smallest
cities in the SCAG region and has only 40 vacant lots in the entire
City, some of which may not be buildable. A projection to create
170 households in the next five years (RHAM Part II, line 3) is not
possible to achieve.. It would appear a.figure of 5 to 7 households
In the next five years and 25 by the year 2000 would be realistic
for planning purposes. The population has remained constant for
the last ten years and will not increase to the projected 3,039 by
the year 2000.
In Rolling Hills all lots are zoned for one and two acre de-
tached single family residential, and the infrastructure is limited,
since no sanitary sewers are used, only septic tanks and leach lines.
The City is confronted with geologic problems of ancient landslides,
one of which is actively moving and endangering properties. .In the
Seismic/Safety Element of the General Plan some thirtyto forty
ancient landslides are illustrated within the city limits. These
constraints create a land carrying limitation upon the capability to.
provide new households.
A proposal to allow second units on individual lots in the City
was recently declined, since safety concerns and limited capability
of private roadways prohibited increased density. The availability
of land is limited in the City, and the actual capacity of Rolling
Hills is related directly to the environmental constraints and con-
temporary planning factors reflected in the General Plan and Muni-
cipal Code.
SCAG, Attention: Fred Kahane re: RHAM July 25, 1983 (Page 2)
The City of Rolling Hills would request extensive reduction of
the households proposed for the City, and the population projection
for the year 2000. In meeting regionalhousing needs Rolling Hills
has participated in a cooperative program with the neighboring City
of Lomita, and allowed block grant funds designated for Rolling Hills
to be used in Lomita. Every effort is made to ensure Rolling Hills
involvement in providing assistance toward housing needs commensurate
with the constraints confronting the City.
Sincerely,
4.1,:„,d fi,op..
Jody Murdock
Mayor
JM/jc
Ralph Qualls, Director
Department of Housing & Community Development
1400 Tenth Street
Sacramento, CA 95814
Attn: Bill Murphy, Head
Review Section
Southern California Staff Person:
William Pravo