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HomeMy WebLinkAboutAGENDA REPORT 2000 0119 CC REG ITEM 10DITEM • D. CITY OF MOORPARK, CALIFORNIA City Council Meeting of ly, �Qd� CITY OF MOORPARK ACT N;A DIIYDVPd.S�ffr AGENDA REPORT TO: Honorable City Council FROM: Wayne Loftus, Director of Community Developmen Prepared by: John Libiez, Principal Planner DATE: January 7, 2000 (CC meeting of 1/19/2000) SUBJECT: Consider An Appeal Of The Regional Housing Needs Assessment (RHNA) Established By Southern California Association of Governments (SCAG) BACKGROUND- Since March, 1999, the City has been involved in the study, review and coordination of decisions with the Ventura Council of Governments (VCOG) , City /County Planning Association (CCPA),and the Southern California Association of Governments (SCAG) related to the development of the City of Moorpark Regional Housing Needs Assessment (RHNA). Several alternatives concerning the total housing needs for each income level for all VCOG communities were identified and reviewed. As the designated authority for the RHNA, VCOG calculated the sub - regional needs allocation and submitted the allocation to SCAG for review and adoption. VCOG adopted the allocation at its September 23, 1999 meeting. SCAG subsequently reviewed the allocation determination from VCOG and responded on November 4, 1999, with a regional distribution assessment replacing the VCOG allocation approved on September 23. Members of VCOG have until February 2, 2000, to file an appeal to the RHNA numbers adopted by SCAG. DISCUSSION: In developing the process for RHNA adoption, SCAG included procedures for communities to challenge housing allocations. S:ICommunity DevelopmentlEveryonelCity Council Agenda Reports1cc- 000119 RHNAappeal 12000.doc 00001i AGENDA REPORT RHNA APPEAL January 19, 2000 Page 2 This appeal process is identified by SCAG as a Dispute Resolution process through which agencies must submit formal appeals to the RHNA allocations pursuant to a defined procedure utilizing a SCAG created format. Each individual community must file an appeal, one appeal filed by VCOG with several sponsors (the cities) cannot take place. Appeals go directly to SCAG who reviews them and then assigns them to the sub - regional /designated authority which is VCOG for Ventura County, for the actual appeal hearing /mediation sessions. The designated authority /mediator submits a recommendation to SCAG for final decision. SCAG may accept and implement the recommendation of the designated authority, may reject the decision, may implement a revised allocation resulting in a redistribution of units among remaining jurisdictions or may reduce the original allocation to the sub - region by the number of appealed units approved for deletion. What is unclear about the appeals process is whether or not an entity has any appeal right when redistributed units increase its regional allocation and that city /entity did not file an appeal during the prescribed appeal period. At the time this report was prepared, staff had contacted SCAG staff directly to obtain a response to questions concerning the appeal process but and a response had not been received. Staff will verbally update the City Council concerning the SCAG response at the Council meeting of January 19, 2000. Additionally, the City Manager discussed the issue with the VCOG Executive Officer and was advised that all appeals filed with SCAG will be referred to VCOG for recommendation to SCAG and that SCAG will assign a mediator for the process. A meet and confer session will be part of the appeal review for each agency that appeals. The VCOG Executive Officer has indicated that the other ten member agencies will be invited to the meet and confer session. Staff also contacted the Ventura County staff responsible for the RHNA process and was advised that the County will prepare a letter of acceptance for the SCAG RHNA allocation dated November 4, 1999. County staff intends to inform SCAG that it retains the right of appeal or to negotiate in the event any reallocation of additional units results from a successful appeal by another agency. 000012 AGENDA REPORT RHNA APPEAL January 19, 2000 Page 3 determination of the allocation through miscalculations under adopted formulae or application of bad data into the formulae that can conclusively be demonstrated by a local agency, or (2) the exercise of geopolitical will by sub - regional entities. The first is dependent upon the local legislative body determining whether the allocation creates conflicts or inconsistencies with intended housing programs or elements and the community's ability to perform to the level identified by the allocation. Unless the new allocation is grossly unfair or clearly in error, a moderate change spread over the five year housing plan period may not warrant appeal. The second level is a collective expression by participating agencies in order to reduce sub - regional requirements. CCPA and VCOG have always considered that if the lower sub - regional allocation was to be established, eleven separate appeals would need to be filed as a show of solidarity. At the CCPA meeting of January 6, 2000, three cities indicated that appeals may be filed shortly (Port Hueneme, Fillmore, Ojai), four, including the county indicated that they are awaiting direction from their legislative bodies (County, Santa Paula, Camarillo, Moorpark) and the remaining four did not indicate preference either way. Initial draft allocations assigned to the City by SCAG identified a construction need for 1217 total units with 345 of these for Very Low and Low income families. The VCOG recommended allocation adopted for the City (after applying correction for loss adjustment factors) was 1173 total units with 376 committed to meet Very Low and Low income needs. The final SCAG allocation for the City (after applying correction factor or loss adjustment factors) was 1182 total units with 399 units committed to Very Low and Low income households. The SCAG final numbers equal nine (9) total units more than VCOG over the five year period, and 23 more units for Low and Very Low income over the five year period (4.6 units per year). The final allocations by VCOG and SCAG are within the tolerances that staff and Council originally considered. The difference in the housing unit count between the VCOG numbers and the SCAG numbers does not appear to be a significant benefit that would warrant a formal appeal. The cost factors for staff time, materials, travel and hearings related to 0000-11 3 AGENDA REPORT RHNA APPEAL January 19, 2000 Page 4 preparation and administration of the appeal through SCAG and VCOG are not likely to be justified for the difference of nine (9) total units or 23 units in the Low and Very Low income ranges. It is estimated that a minimum of 40 staff hours would be required to prepare and submit an appeal, 20 -30 hours for mediation and review at the VCOG level, and an additional 10 -20 hours should further action be needed at the SCAG level for an estimated total of staff time of 90 hours. The housing allocation numbers are guides for action to be used within the Housing Element and any locally adopted housing plan, and are target /performance goals only. So long as the City can demonstrate a good faith effort at meeting the assigned goal, penalty for not meeting the allocation is extremely remote. STAFF RECOMMENDATION: Accept RHNA allocation of 1182 total units, including 399 units for Very Low and Low income households, and inform SCAG and VCOG of this action, and further, if any additional units are assigned to Moorpark that we reserve the right to appeal such action. Attachments: A. RHNA Appeals Process /VCOG Executive Officer 12/1/99 B. RHNA Appeal Forms /VCOG Executive 1/6/2000 CCPA Agenda Package ®U00:14 RECEIVED VENTURA COUNCIL OF GOVERNMENTS (VCOG) DEC - 61999 T Or RPARK OFFICE OF THE CITY MANAGER December 1, 1999 To: City Managers Plannhig Directors From � /,Arnold Dowdy, Executive Director Subfect./ Appeals Process for RHNA Allocations Attached you will find an explanation of the appeals process for RHNA allocations. The SLAG Regional- Council approved the final RHNA allocatW% (attached) on November 4, 1999. Appeals are to be filed by individual jurisdictions (not the subregion) within ninety (90) days of the final decision on the RHNA allocation. The ninety - day - deadline willoccur on, Wednesday, February. 2, 2004: Appeals-are to be submitted-to the SCAG Regional- -Count4j"W iich4h fur'ri immediately refers the appeal to the Delegate Subregion. Once an appeal is filed by a VCOG jurisdiction, VCOG, as the Delegate Subregion, must act on the appeal within sixty (60) days. The SCAG Regional Council will make the final decision on RHNA appeals. If the SCAG Regional Council accepts the proposed revised allocations or modifies them, the city shall use that revised share of housing need. A question has. arisen: on. the, pottentiat- redistribution ofti64 i .tb subregjons and <iindM"jursciictions based on sppegW6cWWs. SCAG staff has informed us the decision to simply reduce housing need or redistribute the need will be considered on case by case basis with each jurisdiction's appeal. It is, iund&ztandinq.#*RegkmW-Councit determine4TW6f'r16dd~6FhoUSfflg IffiNklew tAbution if the appeal jttsii es'th6t'deas n. If you need further information or have any questions, please contact me at (805) 654 -2866 or Nancy Settle at (805) 654 -2465. Attachments Appeals Process for Revision of Local Housing Need from SCAG RHNA Guidebook June 1999 SCAG Adopted RHNA Allocation for the VCOG Subregion, November 4, 1999 SCAG Memorandum of October 1, 1999 on Clarification of RHNA Procedures RHNAAppeals 0000- 5 ATTACHMENT A REGIONAL HOUSING NEED ASSESSMENT \ DRAFT APPEALS PROCESS FOR REQUESTING ASSOCYATINVW -t REVISIONS OF LOCAL HOUSING NEED cov¢www , Pursuant to the Government Code, Section 65584(a), local jurisdictions may request a revision of their share of the regional housing need pursuant to meeting various conditions specified in State law. This section sets forth the process and procedures for appealing housing need allocations for jurisdictions in Delegate Subregions and for jurisdictions in NonDelegate Subregions. I. Revisions of Housing Needs in Delegate Subregions A. Procedure for proposed revisions B. Judicial review C. Limits on scope of appeals power and process. D. Alternative dispute resolution procedures. II. Revisions of Housing Needs in NonDelegate Subregions A. Procedure for proposed revisions B. Judicial review C. Limits on scope of appeals power and process. D. Alternative dispute resolution procedures. III. Alternative Data for Revising Housing Need A. Definitions and criteria B. Alternative data requirements 000016 RHNA Appeals Procedure 1. Revisions of Housing Needs in Delegate Subregions A. Procedure for Proposed Revisions 9. Request for revision of housing need. Within 90 days following a determination on the region's existing and projected housing needs by the SCAG Regional Council, a city or county within the Subregion may request that the SCAG Regional Council re- determine the city or oounty's share of housing need consistent with the considerations set forth in Government Code, Section 65584(a) and in accordance with policies and procedures. adopted by SCAG. The proposed request for a revision of the share of local housing need shall be based upon available data and acceptable planning methodology, and shall be supported by adequate documentation, including analysis of factors and circumstances justifying a revision. 2. Examination and disposition of request. SCAG shall immediately refer said request for re-determination by the city or county to the Delegate Subregion. Within 60 days after the referral has been made, the Delegate Subregion shall accept the proposed revised share, modify its earlier determination, or indicate, based on available data and accepted planning methods, and local geological .and topographical constraints on the production of housing, why the proposed revision is inconsistent with the Subregion's housing need. Before making its determination, representatives of the Delegate Subregion and appellant jurisdiction shall. participate in a "meet and confer" session with a neutral mediator pursuant to SCAG's adopted Alternative Dispute Resolution Policies. 3. Appeal to SCAG. If the Delegate Subregion does' not accept the proposed revised share of housing need, then the city or county in the Subregion may appeal the determination to SCAG and request a public hearing to review the determination within 30 days. The public hearing shall be before SCAG's Community, Economic and Human Development Committee (CEHD), -which shall make a recommendation on the proposed revised share to the SCAG Regional Council. SCAG shall notify the city or county within 30 days by certified mail, return receipt requested, of the time and date of the public hearing, the date of which shall be at least 30 days from date of the notification_ Before making a final determination on CEHD's recommendation, the Regional Council shall consider the same comments, recommendations, _ available data, accepted planning methods, and local geological and topographic restraints considered by Subregion and CEHD in making their determination. 0000.11 Page 2 RHNA Appeals Procedure 4. Determination of appeal and public hearing. If the SCAG Regional Council accepts the proposed revised share or modifies the earlier determination made by the Subregion, the city or county shall use that revised share of housing need.. If the SCAG Regional Council grants a revised allocation, the revision shall maintain the Subregion's total housing need. If the Regional Council determines that the proposed revision is inconsistent with the regional housing need, the city or county in the Subregion shall use the share originally determined by Subregion or SCAG, as appropriate. B. Judicial review. Pursuant to Government Code, Section 65584 (c)(4), the determination of the Subregion is subject to judicial review pursuant to Section 1094.5 of the Code of Civil Procedure. C. Limits on scope of appeals power and process. 1. Ordinances limiting residential building not sufficient justification. Any ordinance, policy, or standard of a city or county that directly limits, by number, the building permits that may be issued for residential construction or limits for a set period of time the number of buildable lots that may be developed for residential purposes does not constitute justification for a determination or a reduction in their share of the Subregional housing need. This restri ction does not apply to any city or county that imposes a moratorium on residential construction for a specified period of time in order to preserve and protect the public health and safety. If such a moratorium is in effect, the city or county shall, prior to a request for a revision, adopt findings that specifically describe the threat to the public health and safety and the reasons why construction of the number of units specified as its share of need would prevent mitigation of the threat. 2. Power to review and revise does not extend to implementation. Any authority to review and revise the share of a city or county of the Subregional housing need shall not constitute authority to revise, approve, or disapprove the manner in which the city or county addresses its share through its housing program. D. Alternative Dispute Resolution. SCAG's alternative dispute resolution procedures shall include, but not be limited to the following: the negotiated rule- making process regarding the regional growth forecast and allocation methodologies; the dispute resolution alternatives offered by SCAG to subregions to assist them in building a consensus on housing allocation within a subregion; and a meet - and - confer process required subsequent to the filing of an appeal by jurisdiction regarding its housing allocation. 0000118 Page 3 RHNA Appeals Procedure I II. Revisions of Housing Needs in NonDelegate Subregions A. Procedure for Proposed Revisions 1. Request for revision of housing need. Within 90 days following a determination on the region's existing and projected housing needs by the SCAG Regional Council, a city or county within the Subregion may request that the SCAG Regional Council re- determine the city or county's share of housing need consistent with the considerations set forth in Government Code, Section 65584(a) and in accordance with policies and procedures adopted by SCAG. The proposed request for a -revision of the share of local housing need shall be based upon available data and acceptable planning methodology, and shall be supported by adequate documentation, including analysis of factors and circumstances justifying a revision. 2. Examination and disposition of request. Upon receipt, SCAG designated staff shall immediately refer the request for revision of housing need from the city or county to the Community, Economic and Human Development Committee (CEHD) of SCAG for review. Within 60 days after the time period for the revision of said request for re- determination by the city or county, CEHD shall accept the proposed revised share, modify its earlier determination, or indicate, based upon available data and accepted planning methodology, why the proposed revised share is inconsistent with the regional housing need. Before CEHD makes its determination, representatives of SCAG and appellant jurisdiction shall participate in a `meet and confer" session with a neutral mediator pursuant to SCAG's adopted Alternative Dispute Resolution Policies. 3. APMI to SCAG. If the CEHD Committee of SCAG does not accept the proposed revised share of regional housing need, then the city or county shall have the right to request a public hearing to review the determination within 30 days. The public hearing shall be before the CEHD, which shall subsequently make a. recommendation on the proposed revised share of housing need to the SCAG Regional Council. The city or county shall be notified within 30 days by certified mail; return receipt requested, of the time and date of the public hearing regarding the determination which shall be at least 30 days from date of the notification. Before making its final determination upon the recommendation of CEHD, the SCAG Regional Council shall consider the same comments, recommendations, available data, accepted planning methodology, and local geological and topographic restraints on the production of housing considered by CEHD in making their determination. 0000 19 Paqe 4 RHNA Appeals Procedure 4. Determination of appeal and public hearing. If SCAG Regional Council accepts the proposed revised share or modifies the earlier determination made by the CEHD, the city or county shall use that revised share of housing need. If the SCAG Regional Council grants a revised allocation, the revision shall maintain the Subregion's total housing need. If the Regional Council determines the proposed revision of local housing need is inconsistent with the regional housing need, the city or county in the Subregion shall use the share originally determined by CEHD or SCAG, as appropriate. B. Judicial review. Pursuant to Government Code, Section 65584 (c)(4), the determination is subject. "to judicial review pursuant to Section 1094.5 of the Code of Civil Procedure. C. Limits on scope of appeals power and process. 1. Ordinances limiting residential building not sufficient justification. Any ordinance, policy, or standard of a city or county that directly limits, by number, the building permits that may be issued for residential construction or limits for a set period of time the number of buildable lots that may be developed for residential purposes does not constitute justification for a determination or a reduction in their share of the Subregional housing need. This restriction does not apply to any city or county that.imposes a moratorium on residential construction for a specified period of time in order to preserve and protect the public health and safety. If such a moratorium is in effect, the city or county shall, prior to a request for a revision, adopt findings that specifically describe the threat to the public health. and safety and the reasons why construction of the number of units specified as its share of need would prevent mitigation of the threat. 2. Power to review and revise does not extend to implementation. Any authority to review and revise the share of a city or county of the Subregional housing need shall not constitute authority to revise, approve, or disapprove the manner in which the city or county addresses its share through its housing program. D. Alternative Dispute Resolution. SCAG's aftemative dispute resolution procedures shall include, but not be limited to the following: the negotiated rule- making process regarding the regional growth forecast and allocation methodologies; the dispute resolution alternatives offered by SCAG to subregions to assist them in building a consensus on housing allocation within a subregion; and a meet - and - confer process required subsequent to the filing of an appeal by jurisdiction regarding its housing allocation. ®00®20 Page 5 RHNA Appeals Procedure III. Alternative Data Requirements A. Definitions and Criteria: The definitions contained herein set forth the criteria that are used to evaluate and determine acceptability of alternative data for establishing a revision of a locality's share of housing need. Alternative data must meet all of the following criteria. 1. "Accepted Planning Methodologya: refers to the logical organization and analysis of acceptable data that is consistent with Government Code, Section 65584(a) and with Regional Council action. 2. "Acceptable Data ". Alternative data that is used for requesting a revision of a locality's share of the housing need must conform with all of the following requirements: a. "Available ": Data generally accessible to the public that is not constrained for use by proprietary conditions or other conditions rendering them difficult to obtain or process; b. "Accurate": Data which are reasonably free from defect, developed in accordance with an established methodology, and have produced reliable estimates overtime; c. "Current': Data which are more recent than existing data sets used in the RHNA calculation and thus portrays local conditions in a more accurate and representative fashion; d. "Replicable': Data which can be reproduced in other jurisdictions and lend themselves to widespread application to a housing market area larger than a single jurisdiction. 3. "Consistent': Data which takes into consideration the criteria cited in Government Code, Section 65584(a) as further defined in other supporting statutes and case law. a. Market factors for housing; b. Employment opportunities; c. Commuting patterns; d. Availability of suitable sites and public facilities; e. Loss of units in assisted housing developments; f. Housing needs of farm- workers; and, g. Avoidance of further impaction of localities. 000021 Page 6 RHNA Appeals Procedure 4. "Housing Need": Housing need consists of existing and future housing need as defined below. a. Existing Need: is defined as households identified to have one or more of the following housing problems according to the Consolidated Plan requirements: 1. Household overpayment, defined as households which are paying in excess of 30% of their gross household income for gross housing costs including utilities; 2. Household overcrowding, defined as a housing unit which contains an average of over 1.0 persons per room as defined by the U.S. Census; 3. Housing physical defects, defined as a housing unit which lacks a complete kitchen or bathroom as defined by the U.S. Census; and 4. Vacancy need, defined as the additional number of units needed to moderate unit cost, allow for sufficient mobility, and encourage adequate maintenance. b. Future Need is the number of housing units needed to be added to a jurisdiction during the RHNA planning period to accommodate expected levels of household growth, normal vacancy needs, and replacement of loss. 1. Household Growth ": refers to the latest household growth forecasts prepared for the regional transportation plan and covering the current RHNA planning period. 2. "Vacancy Adjustment": refers to the share of vacant housing units needed in any given housing market to ensure adequate mobility, choice, and moderate cost 3. "Replacement Adjustment ": refers to the share of units needed in any given housing market needed to- account for units lost to conversion, demolition or natural disaster. 5. "Supported by adequate documentation:" refers to the methods used for acquiring and/or computing alternative data, which must be fully explained and incorporated into the revision request 000022 Page 7 RHNA Appeals Procedure 6. "Avoidance of impaction": refers to locality's future housing need whereby a jurisdiction's. income percentage is adjusted 25% closer to the regional average, with an additional adjustment to address the disproportionate concentration of lower income households among highly impacted communities within the SCAG region. 7. "Income Categories: SCAG has incorporated, as required by State law, DHCD definitions of household income categories (25 C.C.R. Sections 6910-6932) for use in the Regional Housing Needs Assessment Plan and has also incorporated additional federal income groups used for the Consolidated Plan defined below: a. Gross incomes are equal to or below 30% of the area median household income, adjusted by family size. b. Gross incomes are equal to or less than 50% of the area median household income, adjusted by family size. c. Gross incomes are between 50% and up to 80% of the area median household income, adjusted by family size. d. Gross incomes are between 80% to 95% of the area median household income, adjusted by family size. e. Gross incomes are between 95% to 120% of the area median household income, adjusted by family size. f. Gross incomes that exceed 120% of the area median household income, adjusted by family size. 000023 Page 8 RHNA Appeals Procedure B. Alternative Data: This section sets forth parameters for evaluating and accepting alternative data that may be used to request a revision of a locality's share of housing need. Data must meet all acceptability criteria, consistency requirements, and planning methodology as defined in IIIA and as set forth below. 1. `Market demand factors: refers to the factors that drive the development, maintenance, and improvement of housing and which are used in the RHNA calculator to establish housing need. a. SCAG Data: SCAG uses projected household growth from the latest socioeconomic-forecast produced for the regional transportation plan, which is subsequently amended by local jurisdictions in accordance with the CEHD- approved parameters and timelines submittal of forecast input. b. Alternative Data: Due to the need to maintain regional consistency among the socioeconomic and regional transportation model, SCAG will not accept alternative data for household growth forecasts that are not directly incorporated into the SCAG regional transportation plan. 2. "Market supply factors": refers to factors that drive the supply of housing (i.e., vacancy and replacement rates) that are used in the RHNA calculator to establish housing need targets. SCAG uses data from 1990 -1994 for supply factors because it is similar to production levels anticipated to occur between 1998 -2005. a. SCAG Data: SCAG determines the current number of vacant units available by using the most recent DOF report on unoccupied units. The "effective vacancy rate" is defined as the percentage of unoccupied units which are "vacant for rent or sale" for the jurisdiction in the most recent Census. The SCAG adjustment assumes that the ratio of vacant and available units to total unoccupied units is the same as the ratio of effective to total vacancies in the latest Census. SCAG determines an normal vacancy rate for a particular geographic area (in this case a Subregion) by examining mobility patterns in each subregion prior the 1990 Census. The number of households by tenure moving into their units in the year prior to the Census is compared to the total number of households to determine the normal vacancy rates by tenure for jurisdictions within that subregion. 000®24 Page 9 RHNA Appeals Procedure SCAG determines a replacement rate by using demolition permit data collected. by the Census Bureau from 1990 -94. The total number of demolitions within the subregion are compared to the 1990 Census housing stock to determine a typical replacement .rate for jurisdictions in that subregion_ SCAG assumes that past demolitions occurring during this period are representative of building activity through 2005. b. Alternative Data: Jurisdictions may request the substitution of a different current vacancy level, _normal vacancy or replacement rate that meet all of the acceptability and consistency criteria noted earlier for alternative data. Furthermore, jurisdictions may request that their typical mobility and replacement rate be derived using regional, subregional or local data; because the jurisdiction may believe that one level of geography is more indicative of the supply factors working in their housing market at large. However, jurisdictions must use the same level of geographical specialization for determining supply factors. 3. "EmRloyment opportunities and commuting pattems;" refers to the patterns of employment growth and commuting patterns collected and refined through the socioeconomic forecast and regional transportation plan forecast. . a. SCAG Data: SCAG uses projected employment growth from the latest socioeconomic forecast produced for the regional transportation plan, which is subsequently amended by local jurisdictions in accordance with the CEHD- approved parameters and timelines submittal of forecast-input. SCAG socioeconomic forecast of households by income level and housing type are the primary determinants of trip generation, origin and destination, modal choice, assign -ment (which route is taken), and the congestion levels experienced on the regional arterial and highway network. b. Alternative Data: Due to the important of maintaining regional consistency among various SCAG jurisdictions, the linkage between the socioeconomic and transportation forecasts, and Government Code Section 65584 allowing the RHNA to be based upon regional transportation growth forecasts, no alternative employment forecasts that has not already been incorporated into the most recent RTP forecast is permitted. 000025 Page 10 RHNA Appeals Procedure 4. "Availability of suitable sites and public facilities": refers to the availability of adequate sites and facilities to allow for sufficient development, maintenance, and rehabilitation of housing needed to accommodate projected household growth in jurisdictions. a. SCAG Data: The capacity of jurisdictions to accommodate employment, housing and population growth by the Year 2005 was generated from a local analysis of land uses currently and potentially available for residential use as well as housing support services contained in General and Specific Plans as incorporated in the RTP forecast However, the availability of suitable sites must be based not only on existing zoning ordinances and land use restrictions of a locality but also on the potential for increased residential development under alternative zoning and land use restrictions (Attorney General Opinion #87 -206). State law prohibits reductions to be based on growth control measures except to preserve the public's health and welfare. b. Alternative Data: Jurisdictions may submit objective factors (i.e., geologic conditions, flood plains, topography, toxic waste sites, etc) that could reasonably affect the ability, of a jurisdiction to meet their share of the regional housing need. Additional factors to consider include the* availability of public facilities affecting the timing and feasibility of housing developments, such as critical infrastructure needs. 5. OMW and tenure of housing need ": do not refer to quotas by housing type, but rather refers to the need to encourage develop- ment, maintenance and improvement of housing of different types that can be affordable to all economic segments of a community. a. SCAG Data: SCAG determines the mixture and tenure of housing need for the RHNA by applying, -as a proxy for rental and owner - occupied homes, the distribution between multi- family and single- family homes shown in the latest housing estimates produced by the Department of Finance. b. Alternative Data: Localities may submit alternative breakdowns between the tenure and type of housing in their jurisdiction, provided that the proposed distribution meets the acceptability and consistency criteria noted earlier as well as is more representative of the community than current data. ®+D®0�6 Page 11 RHNA Appeals Procedure 6. "Loss of units contained in assisted developments ": refers to the loss of housing units contained in assisted developments that change to non -low income use due to mortgage prepayment, subsidy expiration or termination of use restrictions. a. SCAG Data: "Assisted developments" are defined as multifamily rental housing that receives governmental assistance under (1) federal programs listed in Section 65863.10(a), (2) state and -local multifamily revenue bond programs, (3) local redevelopment programs, (4) the federal CDBG Program, or (5) local in -lieu fees (Government Code, Section 65583(a)(8). The term also includes multifamily rental units developed pursuant to a local inclusionary housing program or used to qualify for a density bonus pursuant to Section 65916 of the Government Code. b. Alternative Data: Substitution of locally derived data should be included as part of each jurisdiction's local housing element. This may include rent - stabilized units that will be decontrolled, subsidized from redevelopment set -aside funds, produced through inclusionary programs, produced through density bonus programs, or other similar ways. 7. `Impaction Avoidance": refers.to the adjustment of a jurisdiction distribution of construction need by RHNA income categories closer to the regional norm to avoid the undue concentration of lower income households in one community versus another community. a. SCAG Data: SCAG uses the current household income distribution of a jurisdiction and region based on the 1990 Census, and a policy objective for preventing the undue concentration of lower income households in a jurisdiction. In brief, the avoidance of impaction policy is designed to move a jurisdiction's future housing need 25% closer to the regional average, except in cases where the community is considered "highly impacted," where an additional adjustment is made. 000027 Page 12 V. APPENDIX OoOO28 1999 SCAG RHNA Applicable Income Limits by County c� Percent of Median Income, Applicable Dollar Limits County <30% 30 -50% 50 -80% 80 -95% 95 -120% Imperial $ 18$50.00 $ 29,350.00 $ 36,700.00 $ 44,050.00 Los Angeles $ 15,400.00 $ 25,650.00 $ 41,050.00 $ 48,750.00 $ 61,579.00 Orange $ 20,500.00 $ 34,150.00 $ 47,800.00 $ 56,750.00 $ 71,684.00 Riverside $ 14,150.00 $ 23,600.00 $ 37,750.00 $ 44,850.00 $ 56,653.00 San Bernardino $ 14,150.00 $ 231600.00' $ 37,750.00 $ 441850:00 $ 56,653.00 Ventura $ 19,600.00 $ 32,650.00 $ 47,800.00 1 $ 561750.00 1 $ 71,684.00 c� 0 C) C, (&nstrudlon need shown Incorporates reductions recommended by staff based on Input from Judedicticns and &$legate subregions. The deductions are from default calculations largely associated with replacement. C 0 A::% e,l Zy . SC A<� /Y 177zF SCAG RH NA 99 Wednesday, October 06, 1999 Construction Need and Income Distributions, 1998 -2005 Construction Need Income Distribution Household Vacancy Re*4cemen Construction Net Annual VeryLowlncarme Lowlncome ModwateIncomte Above Moderate Total Growth Need Need Need Reduction Construction Income Construction (1198-6105) (see note) Need Unib /Percent Units /Percent Units /Percent Units /Percent Need Ventura County Camarillo 1,842 49 18e 1,879 �'"'s �. 251 0 438 23 /0 0 0 239 13 /0 428 23 /0 774 0 41 /0 _ 1,879 Fillmore ' 704 23 34 <'• 761 , ix.JiiikW}.f 101 141 19% 92 12% 126 17% 402 53% = 781 I Moorpark 1,157 -21 47 1,182 M x 158 253 21 % 146 12% 360 30% 422 36% _ 1,122 Ojai 174 14 29 217 .` ?M u 29 53 24% 25 12% 41 19% 98 46% 217 Oxnard 1 210 79 A .. 3,107 �:µ� .a}4:� 414 751 24% 460 15 °k 476 15% 1,420 48% _ 3,107 Port Hueneme 1,441 -81 72 1,4553 >w r. 194 229 16% 129 9% 266 18% 839 68% = 1,463 San Buenaventura f 1,880 -124 111 '< "` % 1,867 x y > >;' >.: 249 487 26% 260 14% 339 18% 801 43% _ — 1,887 4YY'r�iMYNWC+'rYA 0 C) C, (&nstrudlon need shown Incorporates reductions recommended by staff based on Input from Judedicticns and &$legate subregions. The deductions are from default calculations largely associated with replacement. C 0 0 0 *Construction need shown Inoorporates reductions recommended by staff based on Input from jurisdddons and delegate subregions. The deductions are from default calculations largely associated with replacement. 2 rn 0 C� w N• M a O h+% C. O C r O rn c� tD W N 00 b a n 1711 W w Pj N• aQ r+ 'T1 a x Construction Need Income Distribution Household !Vacancy Replacemen Construction Net Annual VetyL— Income Low Income ModeraeeIncome Above Moderate Total Growth Need Need Need Reduction Construction Income Construadon (I68 -6105) (see note) Need U,rib /Percent Unib /Percent Unib /Percent Unib /Percent Need Santa Paula 1,180 58 75 �>�a� a Hr 1,312 <w- _ 175 242 18% 177 13% 227 17% 666 51% — 1,312 Simi Valley 2,854 -72 317 2,900 Y y >: 387 662 23% 359 12% 717 25% 1,163 40% — 2,900 Thousand Oaks 3,905 107 371 y'»�"% : " 4,382 ;;� 584 0 978 22/0 0 598 14/0 0 1,251 29/0 0 1,555 35/0 = 4,382 Unicorporated Ventura 2,032 578 127 1,581 211 381 24% 236 15% 315 20% 650 41% = 1,891 SUBREGIONAL TOTAL: Ventura County 19,586 -395 1,450 20,641 :: »ti ». >� >:X�66» 2 752 4,595 2,721 4,536 8,790 = 20,941 0 0 *Construction need shown Inoorporates reductions recommended by staff based on Input from jurisdddons and delegate subregions. The deductions are from default calculations largely associated with replacement. 2 rn 0 C� w N• M a O h+% C. O C r O rn c� tD W N 00 b a n 1711 W w Pj N• aQ r+ 'T1 a x memorandum DATE: October 13, 1999 TO: Regional Council FROM: Jan Debay, Chair CEHD Committee SOUTHERN CAUFORNIA ASSOCIATION Of GOVERNMENTS RE: Clarification on RHNA Appeals Procedures and Subregional Minimum Housing Need ( "Caps ") RECOMMENDATION: Clarify the adopted appeals procedures for the Regional Housing Needs Assessment (RHNA) allow jurisdictions to submit appeals based on technical adjustments to household growth. The intent is not to reopen the growth forecast. Additionally, set the minimum housing need assigned to each subregion at the level shown in the Construction Need attachment to this agenda supplement. Proposed Revision: The Regional Council approved appeals procedures for the RHNA process at its meeting on May 6, 1999. Those procedures limit the ability of a jurisdiction to appeal housing need based on the assignment of household growth. Section I I I B 1 b, states: "Due to the need to maintain regional consistency among the socioeconomic and regional transportation model, SCAG will not accept alternative data for household growth forecasts that are not directly incorporated into the SCAG regional transportation plan." (RHNA Guidebook, Page 53) The recommendation herein proposes that the following text be substituted in place of the paragraph above: "Due to the need to maintain regional consistency among the socioeconomic and regional transportation model, SCAG may, with technical review, accept alternative data for household growth forecasts that are not directly incorporated into the SCAG regional transportation plan. When considering appeals related to household growth, which are technically justified, the Regional Council and CEHD committee may choose one of the following options:1) accept in total, 2) accept in part, 3) or reject. In the event that an appeal is accepted either in 000032 total or in part, the Regional Council and CEHD must also choose to either redistribute the amount of the reduction within the affected subregion, or remove the amount of reductions from the plan. Delegate subregions will consider growth related appeals in the same manner, and will confer and cooperate with SCAG forecasting staff in the technical review of growth related appeals. The Regional Council will make the final determination on all appeals. BACKGROUND: In consultation with jurisdictions, as well as with forecasting staff, it is apparent that there remain potential anomalies within the household growth forecast for 2005 used for the RHNA. To date, housing staff has received approximately 20 comments from individual jurisdictions, as well as delegate subregions, which call into question the assignment of growth by as many as 40,000 households. In some cases, these contentions may be technically justified. Staff proposes to review appeals which call into question the household growth determination. This review will consist of an analysis of the technical merits of the appeal, based on the established growth input parameters as well as the statutory requirements of the RHNA. Other policy considerations when reviewing household growth appeals remain intact. Foremost, the requirement on SCAG to distribute a minimum level of housing need within the region necessitates a redistribution of need within the subregion when a reduction based on growth is granted. It should be noted that the Regional Council has already approved a reallocation of household growth in order to conform to the minimum level set by the State, and that jurisdictions have been given substantial opportunity to provide input to the growth forecast, including four separate deadline extensions. The Regional Council must also consider the value of maintaining consistency among various SCAG planning efforts, including the Regional Transportation Plan for which the growth forecast was developed. This proposed change in procedures merely gives CEHD and Regional Council the ability to review appeals based on technical as well as policy merits. Subregional Minimum Need Delegate subregions are required by their respective delegation agreements to distribute the full amount of housing construction need assigned by SCAG's default calculations. As noted in the previous item, reductions have been made in many jurisdictions pertaining to replacement need. The State Department of Housing and Community Development has indicated that the reductions shown within the construction need attachment are valid, and therefore, the minimum need assigned to the region can be reduced accordingly. The recommendation herein seeks clarification that the minimum housing need which must be distributed within any 000033 subregion is set at the level shown within the Construction Need attachment of this agenda supplement. 000034 VENTURA COUNCIL OF GOVERNMENTS & VENTURA COUNTY PLANNING DIVISION To: PMnnirrh Directors From: o owdy, Execut erector -nth Turner, Planning i for Su 'ect� CONFIRMATION OF C FETING AND RHNA APPEAL FORMS The time and place for the upcoming CCPA meeting is scheduled fbr THURSDAY, JANUARY 6TM VENTURA COUNTY GOVERNMENT CENTER HALL OF JUSTICE, LARGE EXECUTIVE DINING ROOM @ 11:30 a.m. to 1:30 p.m. (Bring a sack lunch or lunch can be purchased at the cafeteria) Also attached for you information is the SCAG RHNA 1999 Instructions for Appeals, Sample Forms and Letters. These along with the attached SCAG Appeals Process Agenda will be discussed at the CCPA meeting. AGENDA 1. Introductions / 2. RHNA Appeals Process— Arnold Dowdy and staff z 3. Status of SCAGNCOG 1998 -1999 Programs Benchmarking General Plan Update /SCAG Access Program Livable Communities 4. SCAGNCOG 1999 -2000 Programs 5. Other Business ccpa7 000036 ATTACHMENT B DEC 28 '99 15:30 605 654 2509 PAGE-01 SCAG RHNA99 Delegate Subregion Appeals Process — Coordination Meeting December 21, 1999 1:30 p.m. AGENDA 1. Budget / Contracting a. Staff proposal for reimbursement framework b. Questions/ Comments 2. Process Coordination a. Forms — Correspondence b. Timing — Scheduling of Meetings c. Coordinated Review of Growth Appeals d. Responsibilities of Subregion e. Responsibilities of SCAG f. Questions / Comments 3. Next Steps DEC 28 '99 15:30 000036 605 654 2509 PAGE.02 LC�r�G�`1 JIJ -z>- 64 K."IH r,-HNNl No DRAFT SAMPLE Date Alan Crouse 3880 Lemon Street, Suite 300 Riverside, CA 92501 Dear Mr. Crouse: 805 654 2509 P.03/07 We have received a formal request for a revision of a housing need determination made as part of the 1999 Regional Housing Needs Assessment (RHNA), from , a jurisdiction in your subregion. Per the delegation agreement between SCAG and WRCOG, and applicable State housing law, we are referring this request to WRCOG for review and determination. This appeal does (does not) include a request to revise the household growth determination. As such, WRCOG must (need not) consult with SCAG staff in the technical review of this request. SCAG staff is available to assist in review of the any appeal. As a reminder, Jacob Lieb is assigned to your subregion as a liaison, and can be reached at (213) 236 -1921, or lieb _scaQ.ca.gov. As you know, the responsibilities of WRCOG pertaining to an appeal include the following: 1. scheduling and holding a "meet and confer" session with the appealing community and all other interested parties, 2. facilitating further Alternative Dispute Resolution services, if requested by the appealing community, 3. conducting a review of the technical merits of the appeal, 4. determining by board action whether the request is accepted in part or in full, rejected, and whether any reduction in assigned need should be redistributed to other communities in the subregion, 5. maintaining a complete record of correspondence and proceedings. Please refer to your contract, or consult SCAG staff, for a complete description of responsibilities. All determinations made by the subregion are subject to review and revision by the Community, Economic, and Human Development Committee and/or the Regional Council. Sincertey, JOE CARRERAS Manager, Comprehensive Planning Attachments CC: Appealing Jurisdiction 00003` DEC 28 199 15:30 805 654 2509 PAGE . 03 DRAFT SAMPLE Date Mayor/ City Manager Appealing Jurisdiction Dear Honorable We have received a formal request for a revision of a housing need determination made as part of the 1999 Regional Housing Needs Assessment (RHNA). Per a delegation agreement with SCAG, and applicable State housing law, the Council of Governments will be reviewing and making determinations on such requests in your area. Your request has been forward to the Council of Governments. of the subregional staff is the primary contact person regarding your request. When the subregionai board makes a determination on your appeal, that determination will be forwarded back to SCAG, and the SCAG Regional Council will make the final determination on the incorporation of your request into the final Regional Housing Needs Assessment We have kept a copy of your request for our records, and are happy to answer any questions. You can reach , of my staff at Sincerley, JOE CARRERAS Manager, Comprehensive Planning CC: Subregion 000038 DEC 28 199 15:31 805 654 2509 PAGE.04 SCAG RHNA 1999 INSTRUCTIONS TO APPEALING JURISDICTIONS NOTE: These instructions provide quick - reference for the initial filing of a statutory appeal for the 1999 Regional Housing Needs Assessment (RHNA). Please refer to the adopted Appeals Procedures in the RHNA Guidebook for complete details on the appeals process. All appeals must be submitted in advance of February 2, 2000. SCAG strongly encourages jurisdictions intending to appeal to submit well in advance of the deadline. 2. Appeals can only be submitted by an authorized signatory, including: • Mayor • Chief Elected Official ( e.g. Chair of County Board of Supervisors) • City Manager • County Chief Administrative Officer 3. The appeals request should be specific. It should identify the portion or portions of the needs determination within which a revision is sought. The appeals request should also cite a specific number or numbers in place of the adopted draft number. Include the attached form with your request. 4. Identify a contact person. This person should be able to respond to requests for backup information and documentation pertinent to the appeal. 5. All appeals will be heard by the Regional Council, a delegate subregion board, and/or the Community Economic and Human Development Committee of the Regional Council. SCAG and subregional staff will make a recommendation on the technical merits of the appeal. All determinations will be reviewed and approved by the Regional Council. 6. Requests for revision are limited both by the Housing Element statute (including specific prohibitions on considering local zoning and certain types of growth control) and policy as determined by the Regional Council. Requests should be based on the substitution of alternative data within adopted RHNA methodology. Additionally, appeals should not seek relief from basic housing requirements set forth within State law. Refer to the RHNA Guidebook for a more complete description of legal considerations in revising housing need. 7. A request for Alternative Dispute Resolution Services (ADR) can be made in addition to an appeal. The request should be made to Helene Smookler, SCAG Legal Counsel, per ADR procedures described the RHNA Guidebook. 000%33 DEC 28 '99 15:31 805 654 2509 PAGE.05 NAME OF JURISDICTION DATE RECEIVED SCAG SUBREGIONAL LIAISON NAME DATE FORWARDED APPEAL TYPE (All Applicable Circled Construction Need • • • • .L 1 If this Is circled, subregion must consult with SCAG forecasting staff for technical review. MA Existing Need Other, Including income Distribution 0( 00411 � DEC 28 '99 15 =31 B95 654 2509 PAGE. 06 APPEAL INFORMATION .- NAME OF JURISDICTION DATE CONTACT PERSON NAME PHONE ADDRESS FAX E -MAIL APPEAL AUTHORIZED BY: Name: Construction Need PLEASE CIRCLE Chief Chair of Administrative County Officer City Board of Mayor (County) Manager Supervisors Other HHD Growth 98 Households 05 Households Growth Explain basis for change (Brief) Vacancy Need Explain basis for change (Brief) Replacement Need Explain basis for change (Brfeo Other Explain basis for change (Brief) Existing Need 1998 Households w/ Housing Problems 1998 Lower Income Households w/ Housing Problems 1998 Lower Income Households w/ Overpayment 1998 Lower Income Households w/ Overcrowding Explanation (Brief) Other Explanation (Brief) Adopted RHMA Change Requested DEC 28 '99 15:31 805 654 2509 1000041 TOTAL P.O? PAGE.O? DEC -16 -1999 14:02 RMA PLANNING 805 654 2509 P.01i01 CITY /COUNTY PLANNING DIRECTORS ASSOCIATION December 16, 1999 HOLD THAT DATEI MEETING ON RHNA APPEALS PROCESS THURSDAY, JANUARY 6, 2000 A MEETING HAS BEEN TENTATIVELY SCHEDULED FOR THURSDAY. JANUARY 6, 2000 @ 11:30 A.M. TO 1:30 P.M. TO DISCUSS THE RHNA APPEALS PROCESS AND ANSWER QUESTIONS ON THE SCAG ADOPTED RHNA METHODOLOGY AND NUMBERS. Please let Marge, County Planning Division, know if you can attend (805) 6542805. We will send a follow -up notice to confirm the date, time and meeting location. If you have any other questions, please contact Nancy Settle at 654 -2465 or Arnold Dowdy at 6542866. CCPA12M 00()()42 DEC 16 '99 14:28 TOTAL P.01 805 654 2509 PAGE.01 CITY OF MOORPARK COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: Honorable City Council FROM: Wayne Loftus, Director of Community Development /e,,_111:2::_ Prepared by: John Libiez, Principal Planner /Advanced DATE: January 19, 2000 SUBJECT: Information Update Concerning RHNA Appeals In the City Council agenda report for this date issued previously, staff advised Council that a verbal update would be give regarding a central question on the RHNA Appeal process. That question was: "Would a city that accepted the RHNA allocation as issued by SCAG or the sub - regional entity and did not submit an appeal during the designated appeal period but received additional units resulting from redistribution approved as a process of granting another agencies appeal be able to file an appeal to seek redress from the reallocation ?" Staff discussed this question with SCAG staff who also discussed it with SCAG counsel. The response received was that "any city impacted by such action[redistribution after acceptance of original numbers] could file an appeal ". C: Steve Kueny, City Manager RHNA File Housing Element Update File Chroni M: \JLibiez \M \Housing \RHNAupdate1192000.doc