Agenda Item 4 - CONSIDERATION OF STATUS REPORT REGARDING 2021-2029 HOUSING ELEMENT UPDATEAGENDA ITEM NO.4
AGENDA STAFF REPORT
City of West Covina I Office of the City Manager
DATE: March 1, 2022
TO: Mayor and City Council
FROM: David Carmany
City Manager
SUBJECT: CONSIDERATION OF STATUS REPORT REGARDING 2021-2029 HOUSING ELEMENT
UPDATE
RECOMMENDATION:
It is recommended that the City Council receive and file the staff report.
BACKGROUND:
Housing dominates all aspects of urban planning and policy. It is a major sector of the U.S. economy and
the dominant land use in almost every American village, town, and city. Good -quality housing is the
foundation of stable and good -quality communities. Housing -related issues play a dominant role on local
land use planning and policy efforts.
Updating a housing element, while important to meeting one of the most basic needs of Californians, can
be daunting. Individuals and families are directly affected by each city's ability to plan for the housing
needs of those who will live, work, and play in the community. State funding of programs for
transportation, infrastructure, and housing often require or consider a local city's compliance with
housing element law. These competitive funds can be used for fixing roads, adding bike lanes, improving
transit, or providing much needed affordable housing. In some cases, funding from state/federal housing
programs can only be accessed if the city has a compliant housing element. In other cases, a compliant
housing element is not a requirement to apply for funding; however, those applying for funding will
receive extra points on their application if they do have a compliant housing element (thereby increasing
their chances in the competitive application process).
State funding programs that require a local city's housing element compliance include:
. Community Development Block Grant Program
. Infill Infrastructure Grant Program
. Local Housing Trust Fund Program
. Affordable Housing and Sustainable Communities Program
. Permanent Local Housing Allocation Program
. Caltrans Sustainable Communities Grant Program
State funding programs that incentivize greater coordination with housing planning include:
. Local Partnership Program: Projects are evaluated on how they advance housing element goals.
. Transit and Intercity Rail Capital Program: Projects must document how transit ridership growth is
supported by housing policies including evidence of compliance with state -required housing plans.
. Active Transportation Program: Infrastructure projects must address their potential to support
existing and planned housing, and planning projects must be consistent with local housing policies.
. Solutions for Congested Corridors Program: Projects must address how they support infill
development, which may include identifying housing element policies that streamline multifamily
housing development.
. HOME Investment Partnerships Program: Applications receive points for housing element
compliance.
The California Department of Housing and Community Development (HCD) plays the critical role. HCD
reviews every local government's housing element to determine whether it complies with state law and
then submits written findings back to each local government. HCD's approval is required before a city can
adopt its housing element as part of its overall General Plan. Cities can opt to update their housing
elements every five years or every eight years. The option to use an eight -year schedule was created to
better align with the schedule cities have to meet to update their Regional Transportation Plans (which
are updated every four years) now mandated to align with housing plans in Regional Sustainable
Communities Strategies. In order to create a housing element showing it could meet the local housing
needs, a city must first know how much housing it must plan for and estimate how much will be needed
at a variety of affordability levels in order to match the needs of the people who will live there. This is
determined by a process called the regional housing needs assessment. All cities in the Southern
California Association of Governments ('SCAG") region are required to prepare an update to the Housing
Element of the General Plan for the 2021-2029 planning period. There are much more extensive State
requirements for Housing Elements than for any other element of the General Plan. One of those
requirements is that cities must submit Housing Elements to the California Department of HCD for
review, and HCD's comments must be considered when adopting a Housing Element update.
The City of West Covina commenced preparation of the Housing Element update in 2020 and public
meetings were held on May 20, 2021 and October 27, 2021 to review State requirements and housing
issues. A draft Housing Element incorporating public comments from these meetings was prepared and
submitted to HCD in November 2021. Staff reports, the draft Housing Element, and related materials
from previous meetings are available on the City's Housing Element website at:
hftps://www.westcovina.org/housingelement.
On January 14, 2022, HCD issued a letter (Attachment 1) stating that the draft element addresses many
statutory requirements; however, revisions will be necessary to comply with State Housing Element Law.
The purpose of this meeting is to provide an opportunity for the City Council and interested parties to
review HCD's comments, and to offer significant input. Meaningful public input will increase the likelihood
that the resulting housing plans, programs and public policies will be successfully implemented.
DISCUSSION:
As discussed at previous meetings, State law includes extensive requirements for Housing Elements and
local housing regulations. In addition, the State Legislature has delegated authority to HCD to review
local Housing Elements and issue opinions regarding their compliance with State law. HCD's finding of
substantial compliance is referred to as "certification" of a Housing Element. Certification increases the
City's opportunities for State grant funds and helps to support local land use authority.
HCD's comment letters for the 2021-2029 Housing Element cycle have been far more extensive than in
prior cycles due to new State housing laws and a higher level of scrutiny by HCD.
Issues raised in HCD's letter include the following:
. Review of the effectiveness of the previous Housing Element
. Affirmatively furthering fair housing (AFFH)
. Needs of extremely -low-income households
. Employment trends
*Overpayment and housing costs
. Adequacy of sites to accommodate the RHNA allocation
. Zoning for emergency shelters, employee housing and manufactured housing
. Compliance of ADU regulations with State law
. Evaluation of land use controls, fees and building codes as constraints on housing production
. Constraints caused by City regulations on persons with disabilities
. Availability of financing
. Development densities and approval time
. Special housing needs of large households and farm workers
. Analysis of affordable units at risk of conversion to market rate
. Adequacy of housing programs to address issues
. Quantified objectives for preservation/conservation
. Adequacy of public participation
All cities within the SCAG region are receiving similar comments on their draft Housing Elements, and the
level of effort needed to address State comments is far greater than for past Housing Element updates
due to recent changes in State law and also a much higher level of scrutiny by HCD in reviewing
Housing Elements, as noted above.
Staff provided the Planning Commission an update on the HCD's letter at the February 8, 2022 Planning
Commission meeting. It was a file and receive report.
PUBLIC NOTICE:
Notice of this meeting was sent to agencies and persons on the City's Housing Element interest list. Staff
will be reaching out to interested parties including those representing the interests of lower -income
households, persons with special needs and fair housing organizations to assist in preparing revisions to
the draft Housing Element.
NEXT STEPS:
City staff and the City's housing consultant have begun to analyze HCD's comments and will be
preparing a revised draft Housing Element addressing these comments. Additional public meetings to
review the revised draft will be scheduled in the near future.
LARGE ATTACHMENT:
The draft 2021-2029 Housing Element is available for public review on the City's website:
https://www.westcovina.org/housingelement
Prepared by: Jo -Anne Burns, Planning Manager
Fiscal Impact
FISCAL IMPACT:
There is not an immediate fiscal impact associated with this action. However,
a compliant housing element increases the City's ability to receive external funding for programs such
as transportation, infrastructure, and housing in the future.
Attachments
Attachment No. 1 - HCD letter dated January 14, 2022
CITY COUNCIL GOALS & OBJECTIVES: Address Homeless Issues
Enhance City Image and Effectiveness
Maintain Good Intergovernmental Relations
A Well -Planned Community
Expand Economic Development Opportunities
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STATE OF CALIFORNIA- BUSINESS CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT a
2020 W. EI Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
w .hcd.ca.gov
January 14, 2022
Paulina Morales, Director
Community Development Department
City of West Covina
1444 W. Garvey Avenue South, Room 208
West Covina. CA 91790
Dear Paulina Morales:
RE: City of West Covina's 6th Cycle (2021-2029) Draft Housing Element
Thank you for submitting the City of West Covina's draft housing element received for
review on November 16, 2021. Pursuant to Government Code section 65585,
subdivision (b), the California Department of Housing and Community Development
(HCD) is reporting the results of its review. In addition, HCD considered comments from
Californians for Homeownership pursuant to Government Code section 65585,
subdivision (c).
The draft element addresses many statutory requirements; however, revisions will be
necessary to comply with State Housing Element Law (Article 10.6 of the Gov. Code).
The enclosed Appendix describes revisions needed to comply with State Housing
Element Law.
As a reminder, the City's 6th cycle housing element was due October 15, 2021. As of
today, the City has not completed the housing element process for the 6th cycle. The
City's 5th cycle housing element no longer satisfies statutory requirements. HCD
encourages the City to revise the element as described above, adopt, and submit to
HCD to regain housing element compliance.
For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), if
a local government fails to adopt a compliant housing element within 120 days of this
statutory deadline, then any rezoning to accommodate the regional housing needs
allocation (RHNA), including for lower -income households, shall be completed no later
than one year from the statutory deadline. Otherwise, the local government's housing
element will no longer comply with State Housing Element Law, and HCD may revoke
its finding of substantial compliance pursuant to Government Code section 65585,
subdivision (i).
Paulina Morales, Director
Page 2
Public participation in the development, adoption and implementation of the housing
element is essential to effective housing planning. Throughout the housing element
process, the City should continue to engage the community, including organizations that
represent lower -income and special needs households, by making information regularly
available and considering and incorporating comments where appropriate.
Several federal, state, and regional funding programs consider housing element
compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill
(SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD's
Affordable Housing and Sustainable Communities programs; and HCD's Permanent
Local Housing Allocation consider housing element compliance and/or annual reporting
requirements pursuant to Government Code section 65400. With a compliant housing
element, the City will meet housing element requirements for these and other funding
sources.
For your information, some general plan element updates are triggered by housing
element adoption. HCD reminds the City to consider timing provisions and welcomes
the opportunity to provide assistance. For information, please see the Technical
Advisories issued by the Governor's Office of Planning and Research at:
http://opr.ca.gov/docs/OPR Appendix C final.pdf and
http://opr.ca.gov/docs/Final 6.26.15.p .
HCD appreciates the dedication of the housing element team during the update. We are
committed to assisting the City in addressing all statutory requirements of State Housing
Element Law. If you have any questions or need additional technical assistance, please
contact Dulce Ochoa, of our staff, at du Ice. ochoa(c)hcd.ca.gov.
Sincerely,
wv(-u,f?
Paul McDougall
Senior Program Manager
Enclosure
APPENDIX
CITY OF WEST COVINA
The following changes are necessary to bring the City's housing element into compliance with
Article 10.6 of the Government Code. Accompanying each recommended change, we cite the
supporting section of the Government Code.
Housing element technical assistance information is available on HCD's website at
http://www.hcd.ca.gov/community-development/housing-element/housing-element-memos.shtml.
Among other resources, the housing element section contains HCD's latest technical assistance
tool, Building Blocks for Effective Housing Elements (Building Blocks), available at
http://www.hcd.ca.gov/community-development/building-blocks/index.shtml and includes the
Government Code addressing State Housing Element Law and other resources.
A. Review and Revision
Review the previous element to evaluate the appropriateness, effectiveness, and progress in
implementation, and reflect the results of this review in the revised element. (Gov. Code,
§ 65588 (a) and (b).)
The element must provide an evaluation of the cumulative effectiveness of past goals,
policies, and related actions in meeting the housing needs of special needs populations
(e.g., elderly, persons with disabilities, large households, female headed households,
farmworkers, and persons experiencing homelessness).
B. Housing Needs, Resources, and Constraints
Affirmatively furtherfing] fair housing in accordance with Chapter 15 (commencing with
Section 8899.50) of Division 1 of Title 2... shall include an assessment of fair housing in
the jurisdiction. (Gov. Code, § 65583, subd. (c)(10)(A).)
The element provides some general information on the City's population with a disability
and access to opportunity. However, the element generally does not address this
requirement. The element, among other things, must include outreach, an assessment of
fair housing, analysis of the sites inventory, identification, and prioritization of contributing
factors to fair housing issues and goals and actions sufficient to overcome patterns of
segregation and foster inclusive communities free from barriers that restrict access to
opportunity. For further guidance, please visit HCD's affirmatively furthering fair housing
(AFFH) in California webpage at https://www.hcd.ca.gov/community-
development/affh/index.shtml. In addition, HCD will provide additional guidance and
samples to assist the City in meeting these requirements.
2. Include an analysis of population and employment trends and documentation of
projections and a quantification of the locality's existing and projected needs for all income
levels, including extremely low-income households. (Gov. Code, § 65583, subd. (a)(1).)
City of West Covina's 61h Cycle Draft Housing Element Page 1
January 14, 2022
Extremely Low -Income Households (ELI): While the element identifies the projected
number of ELI households (p. 39), it must still analyze their existing housing needs. This is
particularly important given the unique and disproportionate needs of ELI households. For
example, the element should analyze tenure, cost burden and other household
characteristics then examine trends and the availability of resources to determine the
magnitude of gaps in housing needs. In turn, this analysis should guide the formulation of
responsive policies and programs. For additional information, see the Building Blocks at
http://www.hcd.ca.gov/community-development/building-blocks/housing-needs/extremely-
Iow-income-housing-needs.shtml.
Employment Trends: The element provides some information on employment trends, but it
could include additional data and analysis to better formulate policies and programs. For
example, the element could examine local jobs and wages relative to affordability, major
employers and relationship to housing, proximity to jobs, predominant modes of
transportation and opportunities for improvement. The element could utilize data available
through Local Housing Data prepared by the Southern California Association of
Governments at https://scag.ca.gov/local-housing-data.
3. Include an analysis and documentation of household characteristics, including level of
payment compared to ability to pay, housing characteristics, including overcrowding, and
housing stock condition. (Gov. Code, § 65583, subd. (a)(2).)
Overpayment: The element must analyze the number of overpaying households, including
lower -income overpaying households by tenure (i.e., renter and owner).
Housing Costs: While the element includes sale prices for ownership housing, it must also
analyze rental costs, including trends and current rents in the area.
4. An inventory of land suitable and available for residential development, including vacant
sites and sites having realistic and demonstrated potential for redevelopment during the
planning period to meet the locality's housing need for a designated income level, and an
analysis of the relationship of zoning and public facilities and services to these sites. (Gov.
Code, § 65583, subd. (a)(3).)
Progress in Meeting the Regional Housing Needs Allocation (RHNA): The City's RHNA may be
reduced by the number of new units pending, approved, permitted, or built since July 1, 2021.
The element lists 867 units in approved projects affordable to moderate -income households
and concludes the affordability is based on expected sales price or rents but should also
provide supporting documentation to demonstrate affordability. This is particularly important
since the element provides no information on current rents and sales prices do not appear
affordable to moderate -income households.
Parcel Listing: In addition to the other factors listed for identified sites (e.g., zoning,
general plan), the element must sufficiently describe existing uses of nonvacant sites to
facilitate an analysis of the potential for redevelopment in the planning period.
Realistic Capacity: The element assumes 80 percent of maximum allowable densities will
be achieved for the calculation of residential capacity, but it does not provide support for
City of West Covina's 6th Cycle Draft Housing Element Page 2
January 14, 2022
these assumptions (p. 76). The element should demonstrate what specific trends, factors,
and other evidence led to the assumptions or adjust assumptions as appropriate. The
estimate of the number of units for each site must be adjusted as necessary, based on the
land use controls and site improvements, typical densities of existing or approved
residential developments at a similar affordability level. For example, similar to Table B-2,
the element should list recent projects by zoning, allowable densities, built densities and
affordability.
In addition, for sites with nonresidential zoning, the element should account for the
likelihood of 100 percent nonresidential development in the calculation of residential
capacity. This analysis should consider the likelihood of 100 percent nonresidential uses,
performance standards for residential development and development trends supporting
residential. For example, the element could analyze all development activity in these
nonresidential zones, how often residential development occurs and adjust residential
capacity calculations, policies, and programs accordingly.
Suitability of Nonvacant Sites: The element must include an analysis demonstrating the
potential for redevelopment of nonvacant sites. The analysis must consider factors
including the extent to which existing uses may constitute an impediment to additional
residential development, the City's past experience with converting existing uses to higher
density residential development, the current market demand for the existing use, an
analysis of any existing leases or other contracts that would perpetuate the existing use or
prevent redevelopment of the site for additional residential development, development
trends, market conditions, and regulatory or other incentives or standards to encourage
additional residential development on these sites. For example, the element lists several
factors used to identify nonvacant sites but should reflect the values of these factors in the
inventory. Further, the element should support these factors based on development trends
and the City's experience with converting existing uses to higher density residential
development or consider an alternative methodology. Also, the element explains that only
one factor needs to be satisfied to identify a nonvacant site with potential for
redevelopment; however, it should include substantial support to demonstrate whether this
assumption is reasonable. Finally, the element should include an analysis of the extent
that existing uses impede additional development, and the extent the City's regulatory
framework encourages redevelopment.
In addition, if the housing element relies upon nonvacant sites to accommodate more than
50 percent of the RHNA for lower -income households the housing element must
demonstrate existing uses are not an impediment to additional residential development
and will likely discontinue in the planning period (Gov. Code, § 65583.2, subd. (g)(2)).
Absent findings (e.g., adoption resolution) based on substantial evidence, the existing
uses will be presumed to impede additional residential development and will not be utilized
toward demonstrating adequate sites to accommodate the RHNA.
Finally, if the element identifies sites with existing residential uses. Absent a replacement
housing policy, these sites are not adequate sites to accommodate lower -income
households. The replacement housing policy has the same requirements as set forth in
Government Code section 65915, subdivision (c), paragraph (3).
City of West Covina's 6th Cycle Draft Housing Element Page 3
January 14, 2022
Large Sites: Sites greater than 10 acres (large sites) cannot be utilized toward the RHNA
for lower -income households unless the element demonstrates sites of equivalent size and
affordability were successfully developed during the prior planning period or provides other
evidence sufficient to demonstrate the appropriateness of large sites. The element
identifies two large sites greater than 10 acres. Each site assumes 100 percent of the
residential capacity will be affordable to lower income households; 726 units on one site
and 653 units on the other site or over half the RHNA for lower -income households on two
sites. Additional analysis, as described above, is necessary to demonstrate the
appropriateness of these sites. Developments with units affordable to lower -income
households typically range in size from 50 to 150 units. The two identified sites go well
beyond this range and do not appear suitable or appropriate to accommodate 100 percent
affordability to lower -income households, including implications related to affirmatively
furthering fair housing. For example, instead, the City could take a mixed -income
approach to these sites, utilizing 30 to 40 percent of the total capacity toward the lower -
income RHNA. If utilizing these sites toward the RHNA for lower income households, the
element should scale back assumption and include additional analysis and programs as
appropriate.
City -Owned Sites: If the sites inventory identifies sites that are City -Owned, the element
must include an analysis to demonstrate their suitability and availability in the planning
period. Specifically, the analysis should address general plan designations, zoning,
allowable densities, support for residential capacity assumptions, existing uses and any
known conditions that preclude development in the planning period and the potential
schedule for development. If zoning does not currently allow residential uses at
appropriate densities, then the element should include programs to rezone sites pursuant
to Government Code section 65583.2, subdivisions (h) and (i). Based on the outcomes of
this analysis, the element should include programs as appropriate.
Sites Identified in Prior Planning Period: Sites identified in prior planning periods (vacant
sites identified in two planning periods or nonvacant sites identified in prior planning
period) shall not be deemed adequate to accommodate the housing needs for lower -
income households unless a program, meeting statutory requirements, requires rezoning
within three years. The element should clarify if sites were identified in prior planning
periods and if so, which sites and include a program if utilizing previously identified sites in
the current planning period.
Map: The element must include a general map of identified sites. For additional
information, see the sites inventory analysis section of the Building Blocks at
http://www.hcd.ca.gov/community-development/building-blocks/site-inventory-
analysis/inventory-of-land-suitable.shtml.
Electronic Sites Inventory: For your information, pursuant to Government Code section
65583.3, the City must submit an electronic sites inventory with its adopted housing
element. The City must utilize standards, forms, and definitions adopted by HCD. Please
see HCD's housing element webpage at https://www.hcd.ca.gov/community-
development/housing-element/index.shtml#element for a copy of the form and
instructions.
City of West Covina's 61h Cycle Draft Housing Element Page 4
January 14, 2022
Zoning for a Variety of Housing Types:
• Emergency Shelters: The element indicates off-street parking at the ratio of 1
space per 4 beds, and/or 0.5 per bedroom designated as a family unit with
children, plus 1 space per staff member (p. 61). Zoning may impose parking
requirements on emergency shelters; however, to comply with AB 139 those
requirements should only be the number sufficient and necessary for all staff
working in the emergency shelter. As a result, the element should add or modify
programs as appropriate.
• Employee Housing: Health and Safety Code section 17021.5 requires employee
housing for six or fewer employees to be treated as a single-family structure and
permitted in the same manner as other dwellings of the same type in the same
zone. The element must demonstrate zoning in compliance with this
requirement or add or modify programs as appropriate.
• Manufactured Housing: The element must demonstrate the jurisdiction's zoning
code allows and permits manufactured housing on a permanent foundation in
the same manner and in the same zone as single-family housing (Government
Code Section 65852.3). The element must demonstrate zoning complies with
this requirement or add or modify programs as appropriate.
Accessory Dwelling Units (ADU): After a cursory review of the City's ordinance, HCD
discovered several areas which were not consistent with State ADU Law. HCD will provide a
complete listing of ADU noncompliance issues under a separate cover. As a result, the
element should add a program to update the City's ADU ordinance to comply with state law.
5. An analysis of potential and actual governmental constraints upon the maintenance,
improvement, or development of housing for all income levels, including the types of
housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as
identified in the analysis pursuant to paragraph (7), including land use controls, building
codes and their enforcement, site improvements, fees and other exactions required of
developers, and local processing and permit procedures. (Gov. Code, § 65583, subd.
(a)(5).)
Land Use Controls: The element must identify and analyze all relevant land use controls
impacts as potential constraints on a variety of housing types. The analysis should analyze
land use controls independently and cumulatively with other land use controls. The
analysis should specifically address requirements related to multifamily parking, including
condominiums (number of spaces, enclosed and covered requirement), minimum lot sizes
and heights including adjacent and not adjacent to single family uses. Specifically, the
analysis of minimum lot sizes should address any impacts on identified sites. Additionally,
the analysis should address any impacts on cost, supply, housing choice, affordability,
timing, approval certainty and ability to achieve maximum densities and include programs
to address identified constraints.
Fees and Exactions: The element must describe all required fees for single family and
multifamily housing development, including impact fees, and analyze their impact as
potential constraints on housing supply and affordability. For example, the analysis should
identify the total amount of fees, including impact fees, for a typical single family and
multifamily development and evaluate the proportion to total development costs.
City of West Covina's 6th Cycle Draft Housing Element Page 5
January 14, 2022
For additional information and a sample analysis and tables, see the Building Blocks at
http://www.hcd.ca.gov/community-development/building-blocks/constraints/fees-and-
exactions.shtml.
Building Codes and Their Enforcement: The element mentions the City includes property
and building maintenance standards in its Municipal Code (p. 53). The element should
also describe which building code is enforced (e.g., 2019 Building Code), identify and
analyze any local amendments and include a program as appropriate.
Housing for Persons with Disabilities:
• Reasonable Accommodation Procedure: The element briefly mentions the City's
reasonable accommodation procedure, but it should also describe the procedure
and evaluate impacts, including identifying and analyzing findings of approval.
• Definition of Family: The element should identify and evaluate any definition of
family used in zoning and land use for impacts on housing for persons with
disabilities and include programs if necessary.
• Community Care Facilities for Six or Fewer Persons: The element indicates
community care facilities of six or fewer persons are permitted as -of -right on the
same basis as other single-family uses (p. 59). The element should clarify which
zones allow these housing types.
• Community Care Facilities for Seven or More Persons: The element indicates a
conditional use permit is required for community care facilities for seven or more
persons unlike other similar uses (p. 59). The element must clarify which zones and
specifically analyze these constraints for impacts on housing supply and choices,
approval certainty and objectivity for housing for persons with disabilities and
include programs as appropriate.
SB 35 Streamlined Ministerial Approval Process: The element must clarify whether
there are written procedures to implement SB 35 (Chapter 366, Statues of 2017) and
add or modify programs to establish a procedure if necessary.
Local Ordinances: The element must specifically analyze locally adopted ordinances
such as inclusionary ordinances or short-term rental ordinances that directly impact the
cost and supply of residential development.
Zoning, Development Standards and Fees: The element must clarify whether the
community complies with new transparency requirements for posting all zoning,
development standards and fees or include programs as appropriate.
6. An 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, the cost of construction, the requests to develop housing at
densities below those anticipated in the analysis required by subdivision (c) of
Government Code section 65583.2, and the length of time between receiving approval for
a housing development and submittal of an application for building permits for that housing
development that hinder the construction of a locality's share of the regional housing need
in accordance with Government Code section 65584. The analysis shall also demonstrate
City of West Covina's 6ch Cycle Draft Housing Element Page 6
January 14, 2022
local efforts to remove nongovernmental constraints that create a gap between the
locality's planning for the development of housing for all income levels and the
construction of that housing. (Gov. Code, § 65583, subd. (a)(6).)
Availability of Financing: The element provides some broad information on financing (p.
63). However, the element must consider whether housing financing, including private
financing and government assistance programs, is generally available in the community.
This analysis could indicate whether mortgage deficient areas or underserved groups exist
in the community. The financing analysis may also identify the availability of financing from
private foundations (including bank foundations) corporate sponsors, community
foundations, community banks, insurance companies, pension funds, and/or local housing
trust funds.
Requests for Lower Density, Permit Times, and Efforts to Address Nongovernmental
Constraints: The element must analyze (1) requests to develop housing at densities below
those identified in the inventory, (2) the length of time between receiving approval for a
housing development and submittal of an application for building permits, and (3) any local
efforts to address or mitigate nongovernmental constraints such as reduced fees,
financing for affordable housing or expedited processes. The analysis should address any
hinderances on the construction of a locality's share of the regional housing need and
programs should be added or modified as appropriate.
7. Analyze any special housing needs such as elderly; persons with disabilities, including a
developmental disability; large families; farmworkers; families with female heads of
households; and families and persons in need of emergency shelter. (Gov. Code, § 65583,
subd. (a)(7).)
Large Households: The element indicates large households represented about 20 percent
of owner -occupied households and about 21 percent of renter -occupied households (p.
30). However, the element should provide the total number of large households by tenure.
Farmworkers: The element indicates 224 farmworkers according to the American
Community Survey (ACS) 2014-2018 5-year estimate. However, farmworkers from the
broader area and those employed seasonally may have housing needs, including within
the City's boundaries. As a result, the element should acknowledge the housing needs of
permanent and seasonal farmworkers at a county -level (e.g., using USDA county -level
farmworker data) and include programs as appropriate.
8. Analyze existing assisted housing developments that are eligible to change to non -low-
income housing uses during the next 10 years due to termination of subsidy contracts,
mortgage prepayment, or expiration of use restrictions. (Gov. Code, § 65583, subd. (a)(9)
through 65583(a)(9)(D).).
The element identifies 84 units at -risk within a 10-year period (p. 37). However, the
analysis of "at -risk" units must also include the type of governmental assistance received
and total number of elderly and nonelderly units.
City of West Covina's 61h Cycle Draft Housing Element Page 7
January 14, 2022
C. Housing Programs
Identify actions that will be taken to make sites available during the planning period with
appropriate zoning and development standards and with services and facilities to
accommodate that portion of the city's or county's share of the regional housing need for
each income level that could not be accommodated on sites identified in the inventory
completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply
with the requirements of Government Code section 65584.09. Sites shall be identified as
needed to facilitate and encourage the development of a variety of types of housing for all
income levels, including multifamily rental housing, factory -built housing, mobilehomes,
housing for agricultural employees, supportive housing, single -room occupancy units,
emergency shelters, and transitional housing. (Gov. Code, § 65583, subd. (c)(1).)
As noted in Finding B4, the element does not include a complete site analysis, therefore,
the adequacy of sites and zoning were not established. Based on the results of a complete
sites inventory and analysis, the City may need to add or revise programs to address a
shortfall of sites or zoning available to encourage a variety of housing types.
2. The Housing Element shall contain programs which assist in the development of adequate
housing to meet the needs of extremely low-, very low-, low- and moderate -income
households. (Gov. Code, § 65583, subd. (c)(2).)
While the element includes Programs 2.2 (Affordable Housing Finance), 2.4 (Los Angeles
County Partnerships), 3.3 (Priority Processing) and 4.5 (Housing for Persons with
Disabilities), it should include additional actions to assist in the development of housing for
lower- and moderate -income households, including extremely low-income and all special
needs households (e.g., persons with disabilities, persons with developmental disabilities,
elderly, large households, etc.). This is particularly important since many of these
programs were not successful in the prior planning period. For example, several programs
(Appendix A) note the lack of success was because developers did not express interest.
Programs in the current cycle should learn from this evaluation and proactively reach out
to developers in all pertinent aspects of the housing program. Other examples include
annually exploring and pursuing funding beyond the County or pursuing funding annually
in partnership with nonprofit developers and service providers.
3. Address and, where appropriate and legally possible, remove governmental and
nongovernmental constraints to the maintenance, improvement, and development of
housing, including housing for all income levels and housing for persons with disabilities.
The program shall remove constraints to, and provide reasonable accommodations for
housing designed for, intended for occupancy by, or with supportive services for, persons
with disabilities. (Gov. Code, § 65583, subd. (c)(3).)
As noted in Findings B5 and B6, the element requires a complete analysis of potential
governmental and nongovernmental constraints. Depending upon the results of that
analysis, the City may need to revise or add programs and address and remove or
mitigate any identified constraints.
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4. Promote and affirmatively further fair housing opportunities and promote housing
throughout the community or communities for all persons regardless of race, religion, sex,
marital status, ancestry, national origin, color, familial status, or disability, and other
characteristics protected by the California Fair Employment and Housing Act (Part 2.8
(commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other
state and federal fair housing and planning law. (Gov. Code, § 65583, subd. (c)(5).)
As noted in Finding B1, the element must include a complete assessment of fair housing.
Based on the outcomes of that analysis, the element must add or modify programs.
5. The housing program shall preserve for low-income household the assisted housing
developments identified pursuant to paragraph (9) of subdivision (a). The program for
preservation of the assisted housing developments shall utilize, to the extent necessary,
all available federal, state, and local financing and subsidy programs identified in
paragraph (9) of subdivision (a), except where a community has other urgent needs for
which alternative funding sources are not available. The program may include strategies
that involve local regulation and technical assistance. (Gov. Code, § 65583, subd. (c)(6).)
Program 1.2 (Monitor and Preserve Affordable Housing): While the element includes a
program to preserve at -risk units, the Program should also commit to incorporate
preservation law, to reach out to owners by a date certain, coordinate with qualified
entities, consider funding as appropriate, support funding applications and provide
assistance and education for tenants.
6. Develop a plan that incentivizes and promotes the creation of accessory dwelling units that
can be offered at affordable rent, as defined in Section 50053 of the Health and Safety
Code, for very low, low-, or moderate -income households. For purposes of this paragraph,
"accessory dwelling units" has the same meaning as "accessory dwelling unit" as defined
in paragraph (4) of subdivision (i) of Section 65852.2. (Gov. Code, § 65583, subd. (c)(7).)
Accessory Dwelling Units (ADUs): Program 3.4 indicates the City will promote ADU
development by assisting property owners with ADU applications and posting ADU
information (p. 11). However, the element must also include a program to incentivize ADU
development for lower and moderate -income households. Examples include exploring and
pursuing funding, modifying development standards, and reducing fees beyond state law,
pre -approved plans, and homeowner/applicant assistance tools.
D. Quantified Objectives
Establish the number of housing units, by income level, that can be constructed, rehabilitated,
and conserved over a five-year time frame. (Gov. Code, § 65583, subd. (b)(1 & 2).)
The element included Table 2-1 quantified objectives to establish an estimate of housing units
by income category that can be constructed, rehabilitated, and conserved over the planning
period (p. 18). While the element includes these objectives, is could also include additional
objectives for conservation/preservation.
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E. Public Participation
Local governments 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 element
shall describe this effort. (Gov. Code, § 65583, subd.(c)(8).)
While the element describes some workshops, survey and public meetings for the Housing
Element update, moving forward, the City should employ additional methods for public
outreach efforts, particularly to include lower -income and special needs households and
neighborhoods with higher concentrations of lower -income households. For example, the
City could conduct targeted stakeholder interviews or establish a committee representative
of lower -income households in future public outreach efforts. In addition, although the
element provides some information on the public comments received and the City's
response, it should also describe how they were considered and incorporated into the
element.
Finally, the housing element does not appear to have been made available to the public
with sufficient time to comment and consider prior to HCD submittal. If so, by not providing
an opportunity for the public to review and comment on a draft of the element in advance of
submission, the City has not yet complied with statutory mandates to make a diligent effort
to encourage the public participation in the development of the element and it reduces
HCD's ability to consider public comments in the course of its review. The availability of the
document to the public and opportunity for public comment prior to submittal to HCD is
essential to the public process and HCD's review. The City must proactively make future
revisions available to the public, including any commenters, prior to submitting any
revisions to HCD and diligently consider and address comments, including making
revisions to the document where appropriate. HCD's future review will consider the extent
to which the revised element documents how the City solicited, considered, and addressed
public comments in the element. The City's consideration of public comments must not be
limited by HCD's findings in this review letter.
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