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PLANNING HORIZON
2001 to 2008
City of Buellton
P. O. Box 1819
107 W. Highway 246
Buellton, CA 93427
A Component of
the Buellton
General Plan
CITY OF BUELLTON
2004 HOUSING
ELEMENT
Housing Goals, Programs, Policies
and Quantified Objectives:
• Adequate Sites
• Affordable Housing Supply
• Housing Impediments
• Conservation and Rehabilitation
• Equal Housing Opportunity
• Preservation of At Risk Units
• Quantified Objectives
Preliminary Analysis and Program
Development:
• Housing and Demographic Data
• Housing Affordability
• Needs Assessment
• Constraints and Opportunities
• Development Potential
• Past Performance
• Policy & Program Considerations
Adopted By:
CITY COUNCIL RESOLUTION NO. 04- 07
107 W. Highway 246
Buellton, California 93427
Date Adopted:
June 10, 2004
CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION
2004 Housing Element Page ii City Council Resolution No. 04- 07
TABLE OF CONTENTS
PAGE
PART ONE: HOUSING GOALS, PROGRAMS, POLICIES
AND QUANTIFIED OBJECTIVES
SECTION I: INTRODUCTION
Community Context 1
Statutory Overview 2
Housing Element Requirements 2
Adoption Timeline 5
Update Process 5
Public Participation 5
Relationship to Other General Plan Elements 7
SECTION II: POLICY CONTEXT
Information Sources 8
Income Profile 8
Housing Profile 8
Existing Housing Needs 9
Future New Construction Requirements 9
Opportunities and Constraints 9
Development Potential 10
Past Performance 11
SECTION III: ADEQUATE HOUSING SITES
Goal 14
Policies 14
Programs and Actions 15
SECTION IV: AFFORDABLE HOUSING SUPPLY
Goal 24
Policies 24
Programs and Actions 24
CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION
2004 Housing Element Page iii City Council Resolution No. 04- 07
SECTION V: HOUSING IMPEDIMENTS
Goal 29
Policies 29
Programs and Actions 30
SECTION VI: CONSERVATION AND REHABILITATION
Goal 34
Policies 34
Programs and Actions 34
SECTION VII: EQUAL HOUSING OPPORTUNITY
Goal 38
Policies 38
Programs and Actions 38
SECTION VIII: PRESERVATION OF AT RISK UNITS
Goal 42
Policies 42
Programs and Actions 42
SECTION IX: IMPLEMENTATION SUMMARY
Program Summary 44
Quantified Objectives 46
LIST OF TABLES
TABLE 1: COMPLIANCE SUMMARY 2
TABLE 2: NOTICE MAILING LIST 6
TABLE 3: PROGRAM OPTIONS 10
TABLE 4: HOUSING ISSUE SUMMARY 12
TABLE 5: DENSITY EQUIVALENTS – SMALL UNIT PREFERENCE 18
TABLE 6: KEY DEVELOPMENT SITES 21
TABLE 7: PROGRAM CAPACITY SUMMARY 23
TABLE 8: DENSITY EQUIVALENTS – LARGE UNIT PREFERENCE 30
TABLE 9: PROGRAM SUMMARY 44
TABLE 10: QUANTIFIED OBJECTIVES 46
CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION
2004 Housing Element Page iv City Council Resolution No. 04- 07
LIST OF FIGURES
FIGURE 1: COMMUNITY ORIENTATION 1
FIGURE 2: KEY DEVELOPMENT SITES 21
PART TWO: PRELIMINARY ANALYSIS AND
PROGRAM DEVELOPMENT
SECTION I: HOUSING AND DEMOGRAPHIC CHARACTERISTICS
Population Profile 47
Household Profile 48
Housing Profile 50
Economic Profile 51
SECTION II: HOUSING AFFORDABILITY
Housing Cost Profile 56
Operative Terms 57
Affordability Gap 57
SECTION III: NEEDS ASSESSMENT
Needs Summary 59
Housing Conditions 59
Lead Based Paint 60
Jobs – Housing Balance 61
Housing Inventory Match 62
At Risk Units 63
Special Needs Population 63
Homeless 66
SECTION IV: OPPORTUNITIES AND CONSTRAINTS
Market Constraints 68
Government Constraints 69
Development Capacity 76
Public Infrastructure 77
Transient Occupancy 80
Energy Conservation 80
Persons with Disabilities 82
CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION
2004 Housing Element Page v City Council Resolution No. 04- 07
SECTION V: DEVELOPMENT POTENTIAL
RHNA Allocation 85
Land Inventory 86
Secondary Dwellings 88
Special Needs Allocation 93
SECTION VI: PERFORMANCE ASSESSMENT
Past Performance 95
Goal Attainment 103
Program Ramifications 105
Resource Inventory 108
Alternative Approaches 113
LIST OF TABLES
TABLE 1: HISTORICAL POPULATION GROWTH 47
TABLE 2: POPULATION ATTRIBUTES 47
TABLE 3: AGE GROUPINGS 48
TABLE 4: ETHIC COMPOSITION 48
TABLE 5: HOUSEHOLD COMPOSITION 49
TABLE 6: POPULATION DISTRIBUTION 49
TABLE 7: ETHNICITY AND HOUSEHOLD SIZE 49
TABLE 8: AGE AND TENURE PROFILE 50
TABLE 9: HISTORICAL HOUSING GROWTH 50
TABLE 10: HOUSING PROFILE 51
TABLE 11: DWELLING PROFILE 51
TABLE 12: TENURE PROFILE 51
TABLE 13: HOUSEHOLD SIZE 52
TABLE 14: HOUSEHOLD PROFILE 52
TABLE 15: INCOME DISTRIBUTION 52
TABLE 16: INCOME AND ETHNIC PROFILE 53
TABLE 17: INCOME AND TENURE PROFILE 53
TABLE 18: EMPLOYMENT RATE 53
TABLE 19: JOB PROFILE 54
TABLE 20: WAGE PROFILE 54
TABLE 21: HOUSING COST PROFILE 56
TABLE 22: FOR SALE HOUSING PRICES 56
TABLE 23: RENTAL RATES 57
TABLE 24: DEFINITION OF TERMS 57
TABLE 25: RENTAL HOUSING ANALYSIS 58
TABLE 26: FOR SALE HOUSING ANALYSIS 58
TABLE 27: INDICATORS OF NEED 59
CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION
2004 Housing Element Page vi City Council Resolution No. 04- 07
TABLE 28: HOUSING CONDITIONS SURVEY 59
TABLE 29: LEAD BASED PAINT HAZARD 61
TABLE 30: JOBS – HOUSING RATIO 61
TABLE 31: COMMUTE PATTERNS 62
TABLE 32: MARKET AREA EMPLOYMENT 62
TABLE 33: HOUSING INVENTORY MATCH 63
TABLE 34: SPECIAL NEEDS POPULATION 64
TABLE 35: PERMIT REQUIREMENTS 69
TABLE 36: PERMIT PROCESS 70
TABLE 37: DEVELOPMENT FEES 71
TABLE 38: ZONING STANDARDS 73
TABLE 39: LAND USE INTENSITY 74
TABLE 40: POPULATION AND HOUSING DENSITY 76
TABLE 41: DENSITY FEASIBILITY ANALYSIS 76
TABLE 42: DEVELOPMENT CAPACITY 77
TABLE 43: DISABLED POPULATION 82
TABLE 44: RHNA GOAL SUMMARY 85
TABLE 45: 2001- 2003 NEW CONSTRUCTION 85
TABLE 46: 2001- 2008 RHNA GOALS 86
TABLE 47: POTENTIAL NEW DEVELOPMENT 86
TABLE 48: SECOND DWELLING POTENTIAL 88
TABLE 49: SITE ASSESSMENT SUMMARY 90
TABLE 50: DETAILED LAND INVENTORY 91
TABLE 51: LAND USE ALLOCATION 94
TABLE 52: 1993- 2001 HOUSING PROGRAMS 95
TABLE 53: GOAL ALLOCATION 104
TABLE 54: 1993- 2001 PERFORMANCE SUMMARY 104
TABLE 55: HOUSING ANALYSIS SUMMARY 105
TABLE 56: REGIONAL HOUSING POLICIES 107
TABLE 57: STATE FUNDING PROGRAMS 110
LIST OF FIGURES
FIGURE 1: HOUSING CONDITIONS SURVEY 60
FIGURE 2: ZONING DESIGNATIONS 72
FIGURE 3: RESIDENTIAL DENSITY 75
FIGURE 4: DEVELOPMENT CAPACITY 77
FIGURE 5: DEVELOPMENT POTENTIAL 87
FIGURE 6: DEVELOPMENT CONSTRAINTS 88
FIGURE 7: KEY DEVELOPMENT SITES 89
BIBLIOGRAPHY 114
CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION
2004 Housing Element Page 1 City Council Resolution No. 04- 07
CITY OF BUELLTON – HOUSING ELEMENT
PART ONE: HOUSING GOALS, PROGRAMS, POLICIES
AND QUANTIFIED OBJECTIVES
SECTION I: INTRODUCTION
Community Context: The City of Buellton is a California central coast community of
4,213 persons located on US Highway 101 in the Santa Ynez Valley of Santa Barbara
County, approximately mid- way between Santa Barbara and Santa Maria. The City is
predominately residential community contained within 1.6 square miles and surrounded
by equestrian ranches, farms, vineyards and wineries. In the eight- year planning period
following adoption of its original Housing Element in 1993, Buellton experienced a
growth of 10% in housing and 15% in population. Comparatively speaking, Buellton
rate of growth was second only to Santa Maria of all jurisdictions in Santa Barbara
County. On the other hand, the actual numeric increase ranked third next to Guadalupe
and Carpinteria in the least amount of population and housing gain of all municipalities.
This anomaly underscores the inherent limitation of statistical reporting; the lower the
numeric base, the more dramatic the percentage change.
Figure 1: Community Orientation
CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION
2004 Housing Element Page 2 City Council Resolution No. 04- 07
Statutory Overview: Obligations of the City to provide affordable housing are embod-ied
in two broad areas of law: ( 1) California Land Use Law applicable to all local gov-ernment;
and ( 2) the Community Redevelopment Act applicable to all redevelopment
agencies. Principal requirements of California Land Use Law include: adoption of
Housing Elements as part of each community’s General Plan; production and replace-ment
of affordable housing within the California Coastal Zone; and inducements to pro-vide
affordable housing through density bonuses and secondary dwellings. Principal re-quirements
of the Community Redevelopment Act include: production and replacement
of affordable housing within redevelopment project areas; dedication of tax increment
revenue to finance affordable housing; and adoption of Implementation Plans to evi-dence
housing compliance. Among other recommended actions, this Housing Element
specifically anticipates revisions to the Buellton Improvement Project Redevelopment
Plan and 5- Year Implementation Plan to fully integrate all of the City’s affordable hous-ing
policies and programs.
Housing Element Requirements: Housing Element law is codified in Article 10.6 of
the California Government Code commencing with Section 65580. Under these stat-utes,
all communities in California are required to have a Housing Element as part of
their adopted General Plan. Furthermore, these Elements are to be updated every five
years. Buellton’s original Housing Element was adopted on November 17, 1993, along
with the City’s first General Plan. Under recent legislative amendments, the City is re-quired
to update its Housing Element by December 31, 2003, reflecting an eight- year
planning horizon from 2001 to 2008. In summary, the Housing Element is required to
contain: ( i) an assessment of housing needs and an inventory of resources and con-straints
relevant to the meeting of these needs; ( ii) a statement of the community’s
goals, quantified objectives, and policies relative to the maintenance, preservation, im-provement,
and development of housing; and ( iii) a program that sets forth a five- year
schedule of actions the local government is undertaking or intends to undertake to im-plement
the policies and achieve the goals and objectives of the housing element. Ta-ble
1 correlates the Sections of the Housing Element to corresponding subdivisions set
forth in Section 65583 of the California Government Code.
TABLE 1: COMPLI-ANCE
SUMMARY STATUTORY CROSS- REFERENCE
Government
Code Section
Description of Statutory Requirements Set
Forth in the California Government Code
Housing Ele-ment
Section
65583( a)
An assessment of housing needs and an inventory of
resources and constraints relevant to the meeting of
these needs.
Part Two, Sec-tion
III
65583( a)( 1)
An analysis of population and employment trends and
documentation of projections and a quantification of the
locality's existing and projected housing needs for all
income levels. These existing and projected needs shall
include the locality's share of the regional housing need.
Part Two, Sec-tions
III, IV
and V
CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION
2004 Housing Element Page 3 City Council Resolution No. 04- 07
TABLE 1:
( Continued) STATUTORY CROSS- REFERENCE
Government
Code Section
Description of Statutory Requirements Set
Forth in the California Government Code
Housing Ele-ment
Section
65583( a)( 2)
An analysis and documentation of household character-istics,
including level of payment compared to ability to
pay, housing characteristics, including overcrowding,
and housing stock condition.
Part Two, Sec-tions
II and III
65583( a)( 3)
An inventory of land suitable for residential develop-ment,
including vacant sites and sites having potential
for redevelopment, and an analysis of the relationship of
zoning and public facilities and services to these sites.
Part Two, Sec-tion
V
65583( a)( 4)
An analysis of potential and actual governmental con-straints
upon the maintenance, improvement, or devel-opment
of housing for all income levels and for persons
with disabilities as identified in the analysis, including
and use controls, building codes and their enforcement,
site improvements, fees and other exactions required of
developers, and local processing and permit proce-dures.
The analysis shall also demonstrate local efforts
to remove governmental constraints that hinder the lo-cality
from meeting its share of the regional housing
need.
Part Two, Sec-tion
IV
65583( a)( 5)
An analysis of potential and actual nongovernmental
constraints upon the maintenance, improvement, or de-velopment
of housing for all income levels, including the
availability of financing, the price of land, and the cost of
construction.
Part Two, Sec-tion
IV
65583( a)( 6)
An analysis of any special housing needs, such as those
of the elderly, persons with disabilities, large families,
farmworkers, families with female heads of households,
and families and persons in need of emergency shelter.
Part Two, Sec-tion
III
65583( a)( 7) An analysis of opportunities for energy conservation with
respect to residential development.
Part Two, Sec-tion
IV
65583( a)( 8)
An analysis of existing assisted housing developments
that are eligible to change from low income housing
uses during the next 10 years due to termination of sub-sidy
contracts, mortgage prepayment, or expiration of
restrictions on use.
Part Two, Sec-tion
III
65583( b)( 1)
A statement of the community's goals, quantified objec-tives,
and policies relative to the maintenance, preserva-tion,
improvement, and development of housing.
Part One, Sec-tions
III – IX
CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION
2004 Housing Element Page 4 City Council Resolution No. 04- 07
TABLE 1:
( Continued) STATUTORY CROSS- REFERENCE
Government
Code Section
Description of Statutory Requirements Set
Forth in the California Government Code
Housing Ele-ment
Section
65583( c)
A program which sets forth a five- year schedule of ac-tions
the local government is undertaking or intends to
undertake to implement the policies and achieve the
goals and objectives of the housing element.
Part One, Sec-tion
IX
65583( c)( 1)( A)
Identify adequate sites which will be made available
through appropriate zoning and development standards
and with services and facilities, including sewage collec-tion
and treatment, domestic water supply, and septic
tanks and wells, needed to facilitate and encourage the
development of a variety of types of housing for all in-come
levels, including multifamily rental housing, fac-tory-
built housing, mobilehomes, housing for agricultural
employees, emergency shelters, and transitional hous-ing
in order to meet the community's housing goals.
Part Two, Sec-tions
II and III
65583( c)( 2) Assist in the development of adequate housing to meet
the needs of low- and moderate- income households.
Part One, Sec-tions
III and IV
65583( c)( 3)
Address and, where appropriate and legally possible,
remove governmental 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, or provide reasonable accommodations for housing
designed for, intended for occupancy by, or with suppor-tive
services for, persons with disabilities.
Part One, Sec-tion
VII
65583( c)( 4)
Conserve and improve the condition of the existing af-fordable
housing stock, which may include addressing
ways to mitigate the loss of dwelling units demolished by
public or private action.
Part One, Sec-tion
VI
65583( c)( 5)
Promote housing opportunities for all persons regardless
of race, religion, sex, marital status, ancestry, national
origin, color, familial status, or disability.
Part One, Sec-tion
VII
65583( c)( 6)( A) Preserve for lower income households the assisted
housing developments.
Part One, Sec-tion
VIII
65583( c)( 6)( B)
An identification of the agencies and officials responsible
for the implementation of the various actions and the
means by which consistency will be achieved with other
general plan elements and community goals.
Part One, Sec-tions
II, III and
IX
65583( c)( 6)( B)
The local government shall make a diligent effort to
achieve public participation of all economic segments of
the community in the development of the housing ele-ment,
and the program shall describe this effort.
Part One, Sec-tion
I
CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION
2004 Housing Element Page 5 City Council Resolution No. 04- 07
Adoption Timeline: For Buellton, the process of updating its Housing Element for the
current planning cycle began with the endorsement of a three- part Affordable Housing
Strategy in October 2001. A near- term component of this strategy was the adoption of
an Affordable Housing Ordinance (“ AHO”) that embodies inclusionary zoning, replace-ment
housing and density bonuses provisions. Adoption of this Ordinance occurred in
September 2002 and was specifically designed as an interim step leading to adoption
and implementation of the updated Housing Element. This action was followed by a se-ries
of Planning Commission and City Council workshop presentations at which time
various Housing Element background reports were presented for information and dis-cussion.
The process was subsequently interrupted as the result of litigation filed
against the City, challenging, among other things, the adequacy of the City’s previous
Housing Element ( Garcia v. City of Buellton, et. al., United States District Court, Central
District of California Case No. CV 02- 4994- WMB). Proceedings to adopt the updated
Housing Element were suspended pending settlement of the case that was formally
reached and memorialized in an agreement dated December 6, 2003.
Update Process: The Housing Element update is focused on issues identified by the
California Department of Housing and Community Development in their earlier review of
the City’s 1993 Housing Element: ( i) identifying adequate sites to satisfy the City’s fair
share allocation of regional housing needs; ( ii) assessing housing needs possessed by
special population segments; and ( iii) evaluating past accomplishments while tailoring
programs to meet identified needs. For sake of consistency, the format of the updated
Housing Element follows the current General Plan layout; that is, a definitive policy
document ( Part One) accompanied by a technical appendix ( Part Two). As mentioned,
Preliminary Analysis and Program Development reports were released as a precursor to
a Housing Plan. The earlier reports are embodied in Part Two and provide the technical
backbone to formulating goals, programs, policies and actions for the future. A Housing
Plan was subsequently released in October 2003 and serves as the centerpiece of
goals, programs, policies and actions that follow in Sections III to IX.
Public Participation: The California Government Code expressly requires that diligent
efforts be made to engage the public in the process of preparing and adopting Housing
Elements. Preparatory to drafting this updated document, a series of special presenta-tions
and workshops were conducted with the Planning Commission and City Council at
which time Preliminary and Program Development reports were released for public re-view.
These sessions were widely noticed as indicated in Table 2, and engendered
comments from a variety of attendees; most notably, the California Rural Legal Assis-tance,
Santa Barbara County Housing Authority, People Helping People, Home Builders
Association of the Central Coast, and various private citizens. These sessions were
supplemented with a number of informal, one- on- one meetings with these same organi-zations.
This updated Housing Element has been drafted in consideration of this early
outreach, along with direction furnished by the Planning Commission and City Council.
Noticed public hearings were subsequently conducted by the Planning Commission and
City Council in the time and manner stipulated in Sections 65352, 65353, 65355 and
65589.7 of the California Government Code. Following receipt of testimony from these
CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION
2004 Housing Element Page 6 City Council Resolution No. 04- 07
hearings, together with comments received from the California Department of Housing
and Community Development (“ HCD”), the Element was adopted on June 10, 2004.
The final adopted version of the Housing Element expressly incorporates all revisions
required by HCD in order to find consistency with State Housing Element law.
TABLE 2: NOTICE
MAILING LIST PERSONS AND ORGANIZATIONS
1*
California Rural Legal Assistance, Inc.
Attn: Jeannie A. Barrett
2050 South Broadway, Suite G
Santa Maria, CA 93454
2
Com. Church of Santa Ynez Valley
240 East Highway 246,
Buellton, CA 93427
( 805) 688- 2012
1
People’s Self- Help Housing Corporation
Attn: Karen Seabury
26 East Victoria Street
Santa Barbara, CA 93101
2
Valley Vineyard Christian
371 Avenue Of The Flags
Buellton, CA 93427
1*
Home Builders Association
Attn: Jerry Bunin
P. O. Box 13010
2078 Parker Street, Suite 210
San Luis Obispo, CA 93406- 3010
2
Divine Mercy Inc.
Prophecy & God's Faithfulness
P. O. Box 948
Buellton, CA 93427
1
Housing Authority of the County of
Santa Barbara
Attn: John Polanskey
815 West Ocean Avenue
Lompoc, CA 93436- 6526
2
Word of Grace Christian Center
1509 W. Ocean Way
Lompoc, CA 93436
1*
Santa Ynez Valley People Helping Peo-ple
Attn: Dean A. Palius
545 North Alisal Road, Suite 102
Solvang, CA 93463
2*
Santa Barb. County Assoc. of Govts.
Attn: Brian Bresolin
260 N. San Antonio Road, Suite B
Santa Barbara, CA 93110
1
Santa Barbara Community Housing
Corporation
11 E. Haley Street
Santa Barbara, CA 93101
3
Joyce “ Crippa” Kaiserlain
P. O. Box 1020
Buellton, CA 93427
* Denotes parties to whom workshop materials were furnished.
City Council
Workshop
on 5/ 8/ 03
Notice was published in a non- legal section of the Santa Ynez newspaper,
posted at various locations with City Council Agenda and mailed to all parties
listed as “ 1.” Notification was performed by City Planning staff; publication and
mailing occurred a minimum of 10 days prior to the meeting date; notices were
posted as part of normal CC Agenda ( 7 days prior to meeting date).
Planning
Commission
Workshop
on 7/ 17/ 03
Notice was posted at various locations with Planning Commission Agenda and
mailed to all parties listed as “ 1” and “ 2.” Notification was performed by City
Planning staff; notices were mailed 10 days prior to the meeting date; notices
were posted as part of normal PC Agenda ( 7 days prior to meeting date).
Planning
Commission
Workshop
on 8/ 7/ 03 &
City Council
Workshop
on 8/ 14/ 03
Notice was posted at various locations with Planning Commission & City
Council Agendas and mailed to all parties listed as “ 1” and “ 2.” Notification was
performed by City Planning staff; notices were mailed 10 days prior to the
meeting date; notices were posted as part of normal PC Agenda ( 7 days prior
to meeting date). A display advertisement in a non- legal section of the Santa
Ynez Newspaper was also published a minimum of 10 days prior to the first
Workshop.
CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION
2004 Housing Element Page 7 City Council Resolution No. 04- 07
Relationship to Other General Plan Elements: General Plan law requires that all
component elements, whether mandatory or optional, must be consistent with one an-other.
Moreover, no one element has priority over the other and all implementing ac-tions
that follow must be found in conformance with General Plan policies. As noted in
Section II, there is a potential disparity between the City’s theoretical development po-tential,
environmental carrying capacity and land use designations necessary to ac-commodate
the City’s proportionate share of regional housing needs. Furthermore, as
also noted in Section II, there are various policy and programmatic options embodied
within the Housing Element that are expressly deferred for further study; most notably,
the selection of Key Development Sites, establishment of base densities and percent of
inclusionary housing in regard to a new Affordable Housing Overlay Zone. In order to
achieve internal consistency and provide the policy and regulatory means by which im-plement
identified programs, the Housing Element specifically provides for an update of
the overall General Plan with the expressed goal of providing adequate sites, suitably
zoned to accommodate its regional share of new housing.
CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION
2004 Housing Element Page 8 City Council Resolution No. 04- 07
SECTION II: POLICY CONTEXT
Information Sources: The U. S. Department of Commerce, Bureau of the Census,
provides the primary data source for evaluating demographic and housing trends for
purposes of the Housing Element. Other principal sources include: ( i) University of Cali-fornia
at Santa Barbara, UCSB Economic Forecast Project; ( ii) Santa Barbara County
HOME Consortium, 2001- 2005 Consolidated Plan ( and updates); ( iii) City of Buellton,
1993 General Plan, Housing Element and Zoning Ordinance; and ( iv) State of Califor-nia,
Departments of Finance, Employment Development and Housing & Community
Development. This information is supplemented by interviews with housing advocates,
building industry representatives, non- profit organizations and other stakeholders. As
earlier noted, the format of the updated Housing Element follows the current General
Plan layout; that is, a definitive policy document ( Part One) accompanied by a technical
appendix ( Part Two). The information contain in this Section II summarizes pertinent
information appearing in Part Two.
Income Profile: Under Housing Element law, needs analysis and programming is
geared toward three target income groups: very low, lower and moderate. These terms
are benchmarked against the median income defined for each of the State’s 58 coun-ties.
The upper limit of very low income is pegged at 50% of the area- wide median,
lower income is pegged at 80% and moderate income is pegged at 120%. Based on
2000 Census data, target income groups comprise 59% of all households in Buellton
with large groupings at each end of the spectrum ( very low income at 25% and upper
income at 41%). Comparatively speaking, Buellton’s income distribution falls in the mid-range
of jurisdictions in Santa Barbara County. On closer examination, Hispanic and
Latino households possess the least income and ( along with a small Asian contingent)
are the most susceptible to living in poverty of all ethnic groups. Relative to occupancy,
the distribution of owner- occupant households is evenly spread among all income cate-gories
while the percentage of renters is inversely proportional to income; that is, the
lower the income, the higher the likelihood that such households are renters.
Housing Profile: Buellton experienced an increase of 10% in dwelling units in the
eight- year period between adoption of its original Housing Element and the beginning of
the current planning cycle. While this rate was highest among all County jurisdictions,
the actual numeric increase ranked third next to Guadalupe and Carpinteria in the least
amount of growth. In terms of housing type and occupancy, Buellton has the highest
percentage of owner- occupied housing of any jurisdiction and the lowest percentage of
multiple family dwellings. Buellton also has the highest percentage of mobile homes
that, due to a predominance of older householders, contributes to the City’s high me-dian
age. Also noteworthy is an overall vacancy rate of 3% that falls considerably below
an ideal benchmark of 5%. While the growth in multiple family dwellings has outpaced
single- family homes, the numeric increase is quite modest. As a consequence, the
principal source of rental housing is single- family homes that typically rent at rates
higher than for apartments.
CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION
2004 Housing Element Page 9 City Council Resolution No. 04- 07
Existing Housing Needs: Housing affordability represents the single biggest obstacle
for Buellton residents ( i. e., 39% of all households pay in excess of 30% of their income
toward housing). This need is shared equally between owners and renters, while per-sons
living in overcrowded or substandard conditions are skewed toward renters ( i. e.,
approximately 30% for renters and 3% for owners). Independent field surveys along
with Census data reveal that between 63 and 133 dwellings are substandard, while as
much as 40% of the City’s housing stock may contain lead- based paint. As with other
housing needs, the distribution of substandard housing is skewed toward renter-occupied
households. The data also suggests an imbalance in jobs and housing ( with
the consequence of increased computing) as well as a mismatch in the size of dwellings
( relative to bedroom counts) and households ( relative to number of persons). Finally,
disabled, homeless and farmworkers together represent 25% of the City’s total popula-tion
while elderly, large families and female- headed households comprise 40% of all
households.
Future New Construction Requirements: The Regional Housing Needs Allocation
(“ RHNA”) process is part of a statewide mandate to address housing issues related to
future growth in the State. The needs assessment process sets numeric targets with
the overriding goal of assuring an equitable geographic distribution of needs and re-sponsibilities.
The numbers are first generated by HCD and then refined by regional
planning agencies in cooperation with local government. While the methodology takes
into account land use and zoning, the numbers are not necessarily constrained by insti-tutional
limits. Indeed, a fundamental purpose of RHNA is to assure that adequate sites
and zoning exist to address anticipated housing demand. Consequently, it is not incon-ceivable
that housing numbers assigned to a particular jurisdiction exceed its theoretical
carrying capacity. The number assigned to the City of Buellton for the current Housing
Element cycle is 536, of which roughly 58% is assigned to target income groups. These
numbers are roughly twice the amount assigned for the planning period from 1993 to
2001.
Opportunities and Constraints: High production costs, coupled with a diminished
land base and high external market demand, are the primary constraints to providing
affordable housing in Buellton. Comparatively speaking, Buellton has a far less onerous
system relative to duration of process. In this regard, the time required to process dis-cretionary
land use applications ranges from 6 to 17 months. However, the fees
charged by the City exceed the average charged for single- family homes elsewhere in
the County, while charges for multi- family construction exceed the median as well as
the average. The City’s Zoning Ordinance provides for maximum residential densities
ranging from a low of six dwellings per acre to a maximum of 16 units. However, actual
build- out has come nowhere close to achieving these densities. The minimum required
density to facilitate residential construction is 5, 10 and 25 dwellings per acre for single-family
homes, condominiums and apartments, respectively. By comparison, the City’s
land use policies cap allowable density below the threshold necessary to stimulate the
affordable apartment construction, while the inventory of property zoned for residential
use is skewed toward the low end of the range.
CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION
2004 Housing Element Page 10 City Council Resolution No. 04- 07
Development Potential: Development capacity is a function of land availability, use
designations and environmental thresholds. From a resource standpoint, the City has a
build- out potential of 774 dwellings on properties presently zoned for residential and
mixed- use. Another 558 dwellings could expand this potential by rezoning properties
that do not presently allow housing. The City also has the capacity to accommodate 693
secondary dwellings under current zoning and 184 units additional units by modifying
development standards. In total, the City’s inventory of available land can yield be-tween
1,467 units under current zoning and 2,209 units with rezoning. An additional
370 units are presently under construction or entitled for near term development. How-ever,
from a regulatory and environmental standpoint, the City’s residual land use ca-pacity
is only 176 units. In comparison, the number of units required to achieve RHNA
goals could range as high as 2,314 units depending upon the selection of Key Devel-opment
Sites for application of an Affordable Housing Overlay Zone, in combination with
other housing production programs and policy options ( see Table 3). In summary, the
City does have sufficient land resources to achieve forecasted housing needs, but the
exact approach is inconclusive without modifying land use policies and conducting fur-ther
environmental study to determine the environmentally superior alternative( s).
TABLE 3: PROGRAM OP- TARGET INCOME GROUPS
TIONS V. Low Low Mod Other Total
ALTERNATIVE # 1
Secondary Units 20 20
Multifamily Infill 5 4 3 83 95
Mixed Use 4 3 3 67 77
Housing Production
AHOZ
Key Sites E, F, I, L, P
Base Density 25 du/ ac
Inclusionary % 20%
Gross Acres 60
100 73 65 1,294 1,532
Inclusionary
Inclusionary % Base Density
15% 10 du/ ac
11 9 6 194 220
Under Construction 11 138 149
Entitled Projects 16 12 40 153 221
Total Production 136 101 148 1,929 2,314
Net RHNA Goals 136 98 88 115 437
( Under)/ Over Goals - 3 60 1,814 1,877
CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION
2004 Housing Element Page 11 City Council Resolution No. 04- 07
TABLE 3: TARGET INCOME GROUPS
( Continued) V. Low Low Mod Other Total
ALTERNATIVE # 2
Secondary Dwellings 0 20 20
Multifamily Infill 0 0 0 77 77
Mixed Use 0 0 0 62 62
Housing Production
AHOZ
Key Sites E, H, I
Density 25 du/ ac
Inclusionary % 0%
Gross Acres 13
13 101 88 326 326
Inclusionary
Inclusionary % Base Density
0% 10 du/ ac
0 0 0 517 517
Under Construction 0 149 149
Entitled Projects 0 0 0 221 221
Total Production 137 101 88 1,046 1,372
Net RHNA Goals 136 98 88 115 437
( Under)/ Over Goals - 3 0 931 935
NOTE: Alternatives # 1 and 2 are not all- inclusive and are shown for illustrative purposes only. Alternative # 1 depicts
an “ Inclusionary- Based” approach that produces deed- restricted affordable housing in exchange for density bonuses.
Alternative # 2 depicts a “ Density- Based” approach wherein the production of affordable housing arises from higher
overall densities without imposition of long- term affordability covenants. Net RHNA goals are computed as: ( i) the
gross numbers assigned to Buellton; LESS ( ii) Completed Units. Completed Units consist of: ( i) units reported by the
State Department of Finance constituting the difference between numbers for January 1, 2001 and January 1, 2003;
and ( ii) units demolished in 2003, occupied by target income groups, and part of a Settlement Agreement resulting
from a lawsuit filed against the City ( Garcia v. City of Buellton, et. al., United States District Court, Central District of
California Case No. CV 02- 4994- WMB). Units reported as completed by the State Department of Finance pertain to the
Meadow Ridge, Sycamore Ranch and Oak Creek single- family subdivisions and are not deemed affordable to target
income groups. Under Construction and Entitled Projects will be counted toward RHNA goals in subsequent annual
reviews after projects are actually completed and occupied. For the purpose of Alternative # 2, no units Under Con-struction
or Entitled are counted toward the targeted income groups ( i. e., very low, low or moderate income).
Past Performance: Approximately one- third of the stated objectives within the previ-ous
Housing Element have been achieved and need not be continued; approximately
one- third have continued relevance and should be retained; and approximately one-third
have either not been achieved or require retooling. Overall, the City realized only
9% of its new construction goals for low and very low income households. This shortfall
is compounded by a dramatic increase in production goals for low and very low income
households in the forthcoming planning cycle. Compared to the previous planning cy-cle,
RHNA goals for these particular target households have nearly tripled. Simply
stated, there is a clear and convincing need for deeper subsidies, land use incentives
and layered funding to make development of affordable housing possible. As a conse-quence,
major changes in polices, programs and actions from the previous Housing
Element are embodied in the Sections that follow and reflect the principal findings
summarized in Table 4.
CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION
2004 Housing Element Page 12 City Council Resolution No. 04- 07
TABLE 4: HOUSING
ISSUE SUMMARY PROGRAM CONSIDERATIONS
Issue Area Observation Ramification
Demographics
• Increase in children & minorities
with decline in elderly translate to
higher household sizes.
• Housing stock is skewed toward
owner occupied single family
housing as opposed to rentals.
• Inventory of available housing is
scarce compared to an ideal va-cancy
target of 5%.
1. Need for more housing with
emphasis on apartments and
larger size units.
Economics
• Majority of current residents are
low & moderate income; could
not buy or rent at today’s costs.
• Incomes are lowest among mi-norities
and special needs popu-lation
with scarcest housing.
2. Need to preserve and protect
existing housing stock and its
affordability.
3. Need to affirmatively further fair
housing to assure equal access
and prevent discrimination.
Affordability
• Market rate housing is not af-fordable
except for moderate-income
rentals and condo pur-chases.
• The affordability gap is signifi-cantly
larger in the homeowner-ship
category as opposed to
rentals.
• Multiple family rentals require the
least subsidization to produce af-fordable
units.
4. Need to emphasize multifamily
production as means of provid-ing
affordable housing.
Existing Housing
Needs
• Affordability constitutes the single
biggest need; overall needs are
most acute among renters.
• Special needs of disabled, home-less
and migrant farmworkers re-quire
non- traditional responses.
5. Need to foster preservation, im-provement
and enlargement of
rental units.
6. Need to leverage resources &
partner with service providers to
address special needs.
CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION
2004 Housing Element Page 13 City Council Resolution No. 04- 07
TABLE 4:
( Continued)
Issue Area Observation Ramification
RHNA Goals
• RHNA goals have doubled and
are skewed toward the area of
least performance – very low in-come.
• Housing programs and produc-tion
goals are generally driven by
development economics.
– very low income: public sub-sidization.
– lower income: density bonus
and secondary dwellings
– moderate income: rental pro-duction.
7. Need to adjust land use poli-cies,
commit funds and engage
directly in the development
process to produce very low in-come
units.
Inventory of Suit-able
Sites
• There is sufficient capacity to
produce a potential of between
1,467 and 2,209 housing units.
• RHNA goals and development
capacity exceed General Plan
thresholds.
• Higher densities are needed to
stimulate production affordable
housing.
8. Need to institute new programs
and policies, ensuring that ade-quate
sites are available to
meet new construction needs.
9. Need to amend General Plan
and evaluate program and site
selection options relative to en-vironmental
consequences.
CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION
2004 Housing Element Page 14 City Council Resolution No. 04- 07
SECTION III: ADEQUATE HOUSING SITES
A detailed assessment of parcel data, coupled with field surveys, reveals a build- out po-tential
of 774 dwellings on properties presently zoned for residential and mixed- use.
Another 558 dwellings could expand this potential by rezoning properties that do not
presently allow housing. The City also has the capacity to accommodate 877 secon-dary
dwellings. Of this sum, 693 can be added to the City’s inventory under current
zoning and 184 units could be added by reducing lot size requirements. In sum total,
undeveloped, under developed and underutilized and City- owned properties have the
potential of producing 2,209 additional units. This future capacity, in combination with
370 units presently permitted or under construction, compares favorably to the new
construction RHNA goal of 437 units ( adjusted for completed units between 2001 and
2003). However, only 15 acres of the City’s 197- acre inventory are vacant and immedi-ately
available for development. The balance of this acreage is constrained by one or
more land use or environmental factors. In addition, total development potential at cur-rent
densities does not assure production of housing affordable to persons of low, very
low and moderate income. The entire inventory of available land is graphically depicted
in Figure 2 and summarized in Table 6.
Goal: To provide adequate sites with appropriate zoning, development standards and
public infrastructure to facilitate development of the broadest range of housing for all in-come
levels and population segments sufficient to attain compliance with the City’s fair
share allocation of regional housing needs.
Policies:
H- 1 The City shall expand the inventory and development capacity of residential
property through zoning designations, density bonuses and modification of development
standards, and shall discourage the conversion or downzoning of existing land currently
designated for residential use.
H- 2 The City shall specifically promote mixed- use development within its redevelop-ment
district, with particular focus along Avenue of Flags, and shall practice smart
growth principals elsewhere by accommodating higher residential densities at locations
in proximity to transit, shopping, employment and supporting public services.
H- 3 The City shall promote integration of all economic and population segments in
each residential project; however, scales of economy and management efficiencies re-quire
that certain projects are made exclusive to target groups and such concentration
shall not be the sole basis of project denial.
H- 4 The City shall institute variable density formulas that give deference to smaller
dwelling units in mixed- use development in urban settings and bonuses for larger dwell-ings
in single use residential projects with more land area and opportunities for provid-ing
family oriented amenities on- site.
CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION
2004 Housing Element Page 15 City Council Resolution No. 04- 07
Programs and Actions:
Note: All programs involving new or amended ordinances shall be subject to Planning
Commission review and recommendation, and final approval by the City Council.
1. General Plan Update. According to the City’s General Plan Environmental Im-pact
Report ( certified on November 17, 1993), Buellton has the capacity to accommo-date
2,169 dwellings. By comparison, the City’s current inventory of dwellings com-pleted,
under construction and entitled totals 1,993 units. The difference between these
numbers ( 176 dwellings) represents the City’s remaining environmental capacity. This
number is less than one- half of the City‘ s RHNA goals and is further constrained by ex-isting
land use and zoning regulations that limit residential build- out in mixed- use pro-jects
to 100 units. Thus, while the City has the theoretical capacity to meet its RHNA
goals by virtue of its land inventory, it currently lacks the environmental and regulatory
means by which to construct these units today. It is also noted that the City’s theoretical
capacity does not take into account densities and zoning standards that make the pro-duction
of affordable housing economically feasible. Rather, the programs that follow
specifically address this shortfall. In conclusion, development capacity issues, coupled
with dated baseline information, give rise to the need for a broader General Plan up-date.
a. Land Use Policies. With the expressed goal of providing adequate sites,
suitably zoned to accomplish its RHNA goals, the City shall: ( i) undertake a General
Plan update following adoption of the Housing Element; ( ii) evaluate the Key Develop-ment
Sites as part of the General Plan update and identify the environmentally superior
site and program alternatives; ( iii) amend the General Plan as necessary to ensure that
adequate sites, suitably zoned, are available to accommodate the City’s RHNA goals for
all target income groups ( very low and low in particular); and ( iv) amend the City’s Zon-ing
Ordinance to implement the Affordable Housing Overlay Zone (“ AHOZ”; Program 2).
Amendment of the General Plan and Zoning Ordinance shall expressly include: ( i) the
specific designation of Key Development Sites that will receive an AHOZ; and ( ii) adop-tion
of an AHOZ Variable Limit and annual review process as described below.
b. AHOZ Variable Limit. The AHOZ Variable Limit shall: ( i) initially be set in
conjunction with the General Plan update and concurrent designation of AHOZ sites;
and ( ii) correspond to the minimum number of dwellings required to achieve the City’s
Net RHNA Goals ( defined in Program 2) taking into account base density, percent of
inclusionary housing, distribution of affordable units among target income groups and
other housing production programs identified in the Housing Element. Thereafter, the
AHOZ Variable Limit ( as well as the inventory of AHOZ designated sites) shall be ad-justed
upward or downward ( as the case may be) in connection with annual Housing
Element reviews ( Program 21) such that the potential number of dwellings that may be
developed for all property with an AHOZ designation, in combination with other housing
production programs identified in the Housing Element, is sufficient to meet Net RHNA
goals for target income groups.
CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION
2004 Housing Element Page 16 City Council Resolution No. 04- 07
Responsible Agency/ Department: Planning Department
Timeframe: May 7, 2005
Funding: General Fund
Expected Outcome: Amended General Plan Land Use Element and
Zoning Ordinance
2. Affordable Housing Overlay Zone. The City shall establish an Affordable
Housing Overlay Zone (“ AHOZ”) and designate which Key Development Sites ( identi-fied
in Figure 2 and Table 6) shall receive an AHOZ designation. The AHOZ shall en-compass
one or a combination of the following sub- designations: ( i) Permissive AHOZ
zoning would not require residential development but would permit such use as an al-ternative
to the base zoning of designated sites; and ( ii) Restrictive AHOZ zoning would
allow multifamily apartment development as the only allowed use of property receiving
such designation. All affordable housing requirements within the AHOZ would over- ride
all other mixed- use and affordable housing provisions that might otherwise apply to the
property. The site selection process and AHOZ Variable Limit shall be accomplished in
connection with the General Plan update and annual Housing Element reviews thereaf-ter
( Program 21) and must demonstrate that the sites are sufficient to meet Net RHNA
goals for all target income groups ( very low and low income in particular) in combination
with policy decisions regarding base density, percent of inclusionary housing, distribu-tion
of affordable units among target income groups and other housing production pro-grams
identified in the Housing Element. The AHOZ shall: ( i) allow “ stand alone” resi-dential
projects irrespective of the underlying zone designation with a minimum base
density of 25 units/ acre; ( ii) grant a 2: 1 density bonus ( two market rate units above the
base density for each affordable low and very low income unit) up to a maximum com-bined
density of 50% above the base; ( iii) impose an inclusionary requirement, mandat-ing
that at least 20% of the base density be affordable to very low, low and moderate
income households; ( iv) compute the distribution of inclusionary units based on the ap-portionment
of net RHNA goals ( a defined and determined below); and ( v) institute a
bifurcated land use entitlement process as described below.
a. AHOZ Designations. Upon completion of the General Plan update and
as part of the Housing Element reviews conducted annually thereafter ( Program 21), the
City shall amend its Zoning Map and apply an AHOZ designation to as many Key De-velopment
Sites ( identified in Figure 2 and Table 6) as are necessary to meet Net
RHNA goals for very low and low income households as follows: ( i) all Key Develop-ment
Sites receiving an AHOZ designation shall have ready access to supporting public
infrastructure and shall consist of properties free of environmental and land use con-straints
or, if constrained by virtue of such factors, can be reasonably mitigated in order
to permit the development at the base density; and ( ii) the minimum number of Key De-velopment
Sites receiving an AHOZ designation shall be determined on the basis of
acreage and base density according to formulas set forth below.
CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION
2004 Housing Element Page 17 City Council Resolution No. 04- 07
( i) Permissive AHOZ. For Key Development Sites where the produc-tion
of “ stand alone” residential projects is permissive, the minimum acreage of such
sites shall determined by the following formula: [( Net RHNA goals/ base density) x 2] –
( acres of Restrictive AHOZ properties x 2). ( As an example, and for sake of illustration
only, Table 7 shows a Net RHNA goal of 234 units for very low and low income house-holds.
With a minimum base density of 25 units per acre and 0 acres of Restrictive
AHOZ properties, the minimum acreage requirement for Permissive AHOZ properties
would be computed as follows: [([ 234/ 25] x 2) – 0 = 19 acres).
( ii) Restrictive AHOZ. For Key Development Sites where the produc-tion
of multifamily apartment units is the only allowed use of such property, the minimum
acreage of such sites shall determined by the following formula: (( Net RHNA
goals/ base density). ( As an example, and for sake of illustration only, Table 7 shows a
Net RHNA goal of 234 units for very low and low income households. With a minimum
base density of 25 units per acre and 0 acres of Permissive AHOZ properties, the mini-mum
acreage requirement for Restrictive AHOZ properties would be computed as fol-lows:
[ 234/ 25] – 0 = 10 acres).
b. Net RHNA Goals. Net RHNA goals, as used throughout this Housing
Element, means 2001- 2008 RHNA allocation for target income groups ( i. e., very low,
low and moderate income), less dwelling units completed between the period from
January 1, 2001 to June 10, 2004 ( i. e., date of adoption of the updated Housing Ele-ment)
as adjusted annually on January 1st and thereafter based on actual construction
occurring in the previous 12 months. In no event shall the percentage of very low in-come
units be no less than 40% of the total inclusionary units.
c. Entitlement Process. Housing developments consisting of: ( i) no more
than 25 units per acre ( inclusive of density bonus units) on sites zoned General Com-mercial
( CR) or Residential Multifamily ( RM) may be allowed by Zoning Clearance un-der
the jurisdiction of the Planning Director as provided in Sections 19.02.110 and
19.08.100 of the Buellton Municipal Code; ( ii) greater than 25 units per acre ( or do not
otherwise qualify for a Zoning Clearance) on sites zoned CR or RM may be allowed by
Development Plan approval under the jurisdiction of the Planning Commission as pro-vided
in Sections 19.02.110 and 19.08.120 of the Buellton Municipal Code; and ( iii) pro-jects
on sites zoned Single Family Residential ( RS), Commercial Service ( CS), Open
Space ( OS) and Industrial ( M) may be allowed by Conditional Use Permit approval un-der
the jurisdiction of the Planning Commission as provided in Sections 19.02.110 and
19.08.110 of the Buellton Municipal Code.
d. Standards of Review. The standards of review and approval of afford-able
housing projects under Zoning Clearance, Development Plan and Conditional Use
Permit shall be governed by the provisions of Chapter 19.08 of the Buellton Municipal
Code subject to the following limitations and exceptions: ( i) the basis of review and ap-proval
of projects qualifying for Zoning Clearance shall be the development standards
CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION
2004 Housing Element Page 18 City Council Resolution No. 04- 07
( i. e. building height, lot coverage, setbacks, etc.) of the underlying zone district to which
the AHOZ applies; ( ii) all projects shall comply with adopted Design Guidelines of the
City, provided such Guidelines are not unreasonably imposed as to render a project in-feasible;
( iii) discretionary authority under a Development Plan or Conditional Use Per-mit
shall not be unreasonably exercised to impose standards or criteria for the purpose
of rendering infeasible the development of housing for any and all economic segments
of the community as prohibited in Section 65913.2 of the California Government Code;
and ( iv) all project shall be subject to the requirements of the California Environmental
Quality Act ( California Public Resources Code Section 21000 et. seq. and its implement-ing
regulations), if applicable, and shall adhere to mitigation measures prescribed in the
General Plan and companion Environmental Impact Report, as updated and amended
from time to time.
Responsible Agency/ Department: Planning Department
Timeframe: 2004- 2005 in Conjunction with Current Budg-eted
General Plan Update
Funding: General Fund
Expected Outcome: Amended General Plan Land Use Element and
Zoning Ordinance
3. Mixed Use Development. Undeveloped and underutilized property with a Gen-eral
Commercial ( CR) designation has the potential of producing 604 new residential
dwellings at a base density of 10 units/ acre. How-ever,
this potential is artificially constrained by exist-ing
regulations that impose a 100- unit limit for mixed-use
projects. The development standards applicable
to the CR Zone are the most flexible of all zone dis-tricts
that allow residential use. It is also noteworthy
that roughly one- half of the total residential capacity
within the CR Zone consists of property located within
the Buellton Improvement Project Redevelopment
Area. As such, fostering mixed- use development
serves multiple objectives including: ( i) implementa-tion
of the land use strategy set forth in the Avenue of
Flags Urban Design Plan; ( ii) recycling blighted and underutilized property; ( iii) produc-ing
affordable housing by operation of the existing AHO; and ( iv) fostering smart growth
and new urbanism principles. Accordingly, the City shall amend its Zoning Ordinance: ( i)
replacing the current 100- unit limit for mixed- use projects in the General Commercial
CR Zone ( codified at Section 19.02.220. C of the Municipal Code) with a new variable
limit (“ CR Variable Limit”); ( ii) modifying current height restrictions ( codified at Section
19.02.220. A of the Municipal Code) allowing an increase in building heights from 35 to
45 feet on a case- by- case basis considering the variable topographic conditions along
Avenue of Flags; ( iii) revamping the City’s current off- street parking requirements ( codi-fied
at Section 19.04.142), allowing credit for on- street and shared parking for mixed-use
projects; and ( iv) revising the current definition of density ( codified at Section
TABLE 5: DENSITY EQUIVA-LENTS
SMALL UNIT PREFER-ENCE
Unit Size Factor
Studio 0.65
One bedroom 0.75
Two bedroom 0.85
Three or more bedroom 1.0
CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION
2004 Housing Element Page 19 City Council Resolution No. 04- 07
19.12.020 of the Municipal Code) to adjust for unit sizes based on the equivalent meas-ures
set forth in Table 5. The new CR Variable Limit shall initially be set at the maxi-mum
development potential of existing undeveloped and underutilized property with a
CR designation ( i. e., 604 units). Thereafter, the limit may be adjusted downward in
connection with annual Housing Element reviews ( Program 21) so long as the adjusted
limit, in combination with other housing production programs identified in the Housing
Element, is sufficient to meet Net RHNA goals for target income groups.
Responsible Agency/ Department: Planning Department
Timeframe: 2004- 2005 in Conjunction with Current Budg-eted
General Plan Update
Funding: General Fund
Expected Outcome: Amended General Plan Land Use Element and
Zoning Ordinance
4. Secondary Unit and Multifamily Infill. The City has the capacity to accommo-date
877 new secondary dwellings and 77 multifamily units on existing developed lots.
Intensifying the development of under- built properties would provide for more efficient
use of a limited land resource while dispersing affordable housing over a larger geo-graphic
area. To maximize this potential, the City shall amend its secondary unit zoning
development standards ( codified at Section 19.16.020 of the Municipal Code) to reduce
minimum lot size requirements from 7,000 square feet to 6,500 square feet. Concur-rently,
the City shall amend its entitlement procedures ( codified at Section 19.02.110 of
the Municipal Code) to allow infill multifamily dwellings by simple Zoning Clearance. As
a complimentary action, the City shall amend its current AHO to: ( i) exempt secondary
dwellings from inclusionary requirements; ( ii) provide a 2: 1 density bonus for infill multi-family
units up to a maximum increase of 50% above the base density; and ( iii) allow a
reduction in development standards for infill multifamily units by discretionary review as
an additional density bonus incentive under the current AHO. For secondary dwell-ings,
the Ordinance amendments shall specifically target those properties identified as
Strategy Area # 1 of the Key Development Sites ( see Figure 2); for multifamily infill, the
amendments shall pertain to existing developed properties denoted as Strategy Area
# 2.
Responsible Agency/ Department: Planning Department
Timeframe: 2004- 2005 in Conjunction with Current Budg-eted
General Plan Update
Funding: General Fund
Expected Outcome: Amended Zoning Ordinance
5. Development Capacity Preservation. The City shall amend its existing AHO to
discourage the reduction of residential development capacity or otherwise compensate
for diminished potential by: ( i) allowing rezoning ( from residential to non- residential) and
down zoning ( reduction in densities) subject to payment of in- lieu fees to the Housing
Trust Fund; and ( ii) basing the computation of in- lieu fees on an inclusionary require-
CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION
2004 Housing Element Page 20 City Council Resolution No. 04- 07
ment of 15%, utilizing the same formulas that are already stipulated in the AHO. In ad-dition,
the City shall: ( i) evaluate the economic impact and suitability of residential reuse
prior to disposition of any excess land owned by the City or Redevelopment Agency;
and ( ii) offer excess land deemed suitable for residential reuse to for- profit and non-profit
sponsors for the development of affordable and special needs housing. Finally,
the City shall adopt an Interim Ordinance requiring that all discretionary projects involv-ing
Key Development Sites ( identified in Figure 2 and Table 6) for which application is
filed with the City on or after adoption of the Housing Element be subject to a site-specific
analysis of: ( i) the property’s land use and environmental suitability for receiving
an AHOZ designation; and ( ii) the potential ramification of allowing development of the
property in advance of completing the General Plan Update ( Program 1). The Interim
Ordinance shall remain in effect until the General Plan Update is completed; provided,
further, that no discretionary project involving a Key Development Site shall be ap-proved
where it is demonstrated that the remaining land inventory is insufficient to meet
Net RHNA goals for very low and low income in combination with policy decisions re-garding
base density, percent of inclusionary housing, distribution of affordable units
among target income groups and other housing production programs identified in the
Housing Element.
Responsible Agency/ Department: Planning Department
Timeframe: 2004- 05 for Urgency Ordinance and AHO
Amendment; Ongoing for Public Land Disposi-tion
Funding: General Fund
Expected Outcome: Amended Zoning Ordinance
CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION
2004 Housing Element Page 21 City Council Resolution No. 04- 07
TABLE 6: KEY DEVELOP-MENT
SITES SITE CAPACITY ANALYSIS
SITE SUITABILITY DEVELOPMENT POTENTIAL
Key Base Condition
Site Current Land
Use
Development
Constraints
Infrastructure
& Services Zoning Yield
AHOZ
Potential
A Under Utilized Noise, Access
& Flooding Available M
( CR) 180 Units 449 Units
B Undeveloped &
Under Utilized
Noise & Hill
Slope Available CR 182 Units 454 Units
C Undeveloped &
Under Utilized
Land Use,
Noise & Flood-ing
Available M & CS
( CR) 156 Units 391 Units
D Undeveloped Access & Hill
Slope Available RM- 12 &
RS- 6 20 Units 53 Units
E Undeveloped Noise & Flood-ing
Available CR 51 Units 128 Units
F Undeveloped Slope Available CR 22 Units 54 Units
G Undeveloped Unconstrained Available RS- 6 5 Units 17 Units
H Undeveloped Noise Available CR 16 Units 39 Units
I Undeveloped Land Use &
Noise Available CR &
RM- 8 51 Units 159 Units
A
L
K
J
I
G H F
E
D
C
B
Q
O P
M
N
Figure 2: Key Development Sites
1
3
2
1
Candidate Site
Strategy Area
CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION
2004 Housing Element Page 22 City Council Resolution No. 04- 07
TABLE 6:
( Continued) SITE CAPACITY ANALYSIS
SITE SUITABILITY DEVELOPMENT POTENTIAL
Key Base Condition
Site Current Land
Use
Development
Constraints
Infrastructure
& Services Zoning Yield
AHOZ
Potential
J
Public Property
( Currently De-veloped)
Land Use &
Noise Available PQP
( CR) 20 Units 50 Units
K Undeveloped &
Under Utilized
Noise & Flood-ing
Available CR 20 Units 50 Units
L Undeveloped Flooding Available RS- 6 19 Units 70 Units
M Undeveloped &
Under Utilized
Land Use &
Flooding Available M & OS
( RM- 8) 159 Units 496 Units
N Undeveloped Land Use Available M
( CR) 5 Units 12 Units
O Undeveloped &
Under Utilized
Flooding, Ac-cess,
Pending
Project & L. Use
Available
M
( CR &
RM- 8)
70 Units 220 Units
P Under Utilized
( RV Resort)
Flooding &
Noise Available CR 128 Units 320 Units
Q Undeveloped Flooding &
Noise Available CR 121 Units 265 Units
SUBTOTAL ( Unadjusted Without Density Bonus) 1,225 3,225
Very Low n. a. 77 271
Inclusionary Computation Low n. a. 57 200
Moderate n. a. 50 174
Base Density - Inclusionary + Bonus Units Other n. a. 1,310 3,522
TOTAL ( Adjusted With Density Bonus) 1,493 4,167
1 Existing
Developed Unconstrained Available RS Zone
877 Units n. a. n. a.
2 Under
Developed Unconstrained Available RM Zone
77 Units n. a. n. a.
3 Undeveloped &
Under Utilized
Noise & Flood-ing
Available CR
62 Units n. a. n. a.
SUBTOTAL ( Unadjusted Without Density Bonus) 1,016 n. a. n. a.
Very Low 9 n. a. n. a.
Inclusionary Computation Low 6 n. a. n. a.
Moderate 883 n. a. n. a.
Base Density - Inclusionary + Bonus Units Other 149 n. a. n. a.
TOTAL ( Adjusted With Density Bonus) 1,047 n. a.
NOTES:
1. See Part Two, Section V for details on each Key Development Site.
2. Black highlighting denotes properties with significant development constraints as to make possible residential
construction unlikely. Gray highlighting denotes properties with development constraints that make residential
use possible, but problematic.
3. Inclusionary Computations reflect 20% for AHOZ and 15% for Strategy Areas # 2 & 3. All Secondary Dwellings
are deemed affordable to moderate income households.
DISCLAIMER: The identity and inclusion of Key Development Sites appearing in Figure 2, Table 3 and Table 6 do not
authorize construction, grant development rights or otherwise provide requisite zoning to achieve the unit yields listed, nor
does their listing presuppose that any or all of the Sites will ultimately receive an AHOZ designation. Until AHOZ
designations are made as provided in Programs 1 and 2, the Key Development Sites shall be governed by the underlying
zone district in which the Sites are located; provided, further, that projects proposed on these Sites in advance of
completing the General Plan Update ( Program 1) may be subject to special processing under the provisions of Program
CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION
2004 Housing Element Page 23 City Council Resolution No. 04- 07
TABLE 7: PROGRAM UNIT COUNT BY INCOME GROUPS
CAPACITY SUMMARY Very Low Low Moderate Other Total
RHNA Goals
Gross 129 91 88 228 536
New Construction - 7 - 7 0 113 99
Net 136 98 88 115 437
Target Groups
Net RHNA Goals 136 98 88
% Allocation 42% 31% 27%
Unit Potential
Under Construction 11 138 149
Entitled Projects 16 12 40 153 221
AHOZ Potential 271 200 174 3,522 4,167
Secondary Dwellings 877 877
Multifamily Infill 5 4 3 83 95
Mixed Use 4 3 3 67 77
Total 296 219 1,108 3,963 5,586
Summary
Net RHNA Goals 136 98 88 115 437
Unit Potential 296 219 1,108 3,963 5,586
Under/ Over Capacity 160 121 1,020 3,848 5,149
NOTE: See Section V in Part Two for computation of Net RHNA Goals and inventory of units Under Construction and
Entitled Projects. Allocation of units Under Construction and Entitled Projects reflects following assignments: ( i) Secon-dary
Units – 11 units moderate income; ( ii) McCombs Duplex – 1 unit moderate income; ( iii) Vintage Walk – 3 units very
low, 2 units low income and 2 units moderate income; ( iv) Golden Meadows – 1 unit low income; ( v) Country Crossroads
– 17 units moderate income; Oak Springs – 13 units very low income, 9 units low income and 8 units moderate income;
( vi) Jesus Tovalin – 2 units moderate income. Totals may very slightly from sum of individual tabulations due to round-ing.
CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION
2004 Housing Element Page 24 City Council Resolution No. 04- 07
SECTION IV: AFFORDABLE HOUSING SUPPLY
Under Housing Element law, needs analysis and programming is geared toward three
target income groups: very low, lower and moderate (“ target groups”). These terms are
benchmarked against the median income defined for each of the State’s 58 counties.
The upper limit of very low income is pegged at 50% of the area- wide median, lower in-come
is pegged at 80% and moderate income is pegged at 120%. Based on economic
modeling performed for the updated Housing Element, market rate housing is not af-fordable
for target groups except for moderate income rentals and condominiums; in-comes
are lowest among minorities and special needs population with the scarcest
housing; multifamily rentals require the least subsidization to produce affordable units;
and land economics dictate higher overall densities to produce affordable housing.
These conditions require that more land be made available for residential development;
densities need to be increased to maximize land utilization; and incentives must be pro-vided
to offset the requirements for affordable housing.
Goal: To provide a continuing supply of affordable housing to meet the needs of exist-ing
and future Buellton residents in all income categories.
Policies:
H- 5 The City shall adopt policies, programs and procedures to facilitate attainment of
its allocated share of new construction goals assigned through the Regional Housing
Needs Allocation (“ RHNA”) process, with particular emphasis placed on the needs pos-sessed
by persons and families of low and very low income.
H- 6 The City shall actively seek and formulate partnerships with for- profit and non-profit
developers to produce affordable housing, provide reasonable assistance to sup-port
and process project applications and utilize authorities of the Redevelopment
Agency to achieve development objectives.
H- 7 The City shall, on its own or in conjunction with for- profit and non- profit develop-ers,
aggressively seek State and Federal funding to support the development of afford-able
housing and shall explore local funding alternatives to compliment these efforts.
H- 8 The City shall continue to support the Santa Barbara County Housing Authority in
the provision of Section 8 rental assistance and shall seek to broaden the program to
compliment other affordable housing initiatives ( e. g., secondary dwelling production,
project- based tenant assistance, etc.).
Programs and Actions:
Note: All programs involving new or amended ordinances shall be subject to Planning
Commission review and recommendation, and final approval by the City Council.
CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION
2004 Housing Element Page 25 City Council Resolution No. 04- 07
6. Inclusionary Housing. The City shall amend its current AHO and broaden the
existing 15% inclusionary requirement to encompass all property regardless of zoning.
The alternative means for satisfying the inclusionary requirement shall be accomplished
by on- site construction, payment of in- lieu fees or equivalent actions prescribed in the
AHO. The distribution of inclusionary units among target income groups shall be based
on the apportionment of net RHNA goals, subject to the terminology and limitations de-scribed
in connection with Program 2. Concurrently, the City shall amend the existing
AHO to: ( i) provide a 2: 1 density bonus ( two market rate units above the base density
for each affordable low and very low income unit) up to a combined maximum of 50%
above the base density for multifamily properties and 25 units/ acre for property zoned
General Commercial; ( ii) update State density bonus provisions to reflect recent statu-tory
changes for moderate income condominiums and provision of child care facilities;
( iii) compute the distribution of inclusionary units based on the apportionment of net
RHNA goals; and ( iv) allow inclusionary units to offset replacement housing require-ments
on a 2: 1 basis ( i. e., a reduction of two replacement units for each inclusionary
unit) to induce the production of permanent Affordable Housing. In regard to replace-ment
housing: ( i) the inclusionary housing offset shall apply only to inclusionary re-quirements
that are imposed on the same parcel of record as that on which replacement
units also are required; ( ii) the units which are demolished or converted ( and for which
the replacement units are required) must not otherwise be governed by affordable hous-ing
covenants that impose rent or occupancy restrictions for a minimum of ten years; ( iii)
in the event that a demolished or converted unit dwelling is deed restricted with rent or
occupancy restrictions for no fewer than ten years, replacement requirements shall be
in addition to, and not offset by, inclusionary units; and ( iv) replacement and inclusion-ary
housing requirements stipulated under redevelopment law shall govern projects fi-nanced,
in whole or in part, by the Redevelopment Agency.
Responsible Agency/ Department: Planning Department
Timeframe: 2004- 05
Funding: General Fund
Expected Outcome: Amended Zoning Ordinance
7. Secondary Dwelling and Infill Inducements. As previously noted, the City has
the capacity to accommodate 877 secondary dwellings. However, economic modeling
shows that rates of return are insufficient to stimulate production of secondary dwellings
units affordable to low and very low income. On the other hand, these units are afford-able
to moderate income and rents generally fall within the limits established in connec-tion
with the Federal Section 8 Housing Assistance Payments Program (“ HAPP”). To
induce production and maximize availability to target groups, the City shall amend its
existing AHO to exempt secondary dwellings from inclusionary requirements in ex-change
for agreement by property owners to affirmatively market secondary units to in-come
qualifying tenants under the Section 8 HAPP. In addition, the City shall seek
grant funds and establish a rehabilitation/ construction loan program to help defray de-velopment
costs and induce production of secondary units. In exchange for rehabilita-tion/
construction financing, owner/ developers of secondary units shall be obligated to
CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION
2004 Housing Element Page 26 City Council Resolution No. 04- 07
affordability covenants for a minimum of 10 years. In specific regard to multifamily infill
projects, the City shall develop and implement a financial assistance program, subsidiz-ing
multifamily infill projects within the Buellton Improvement Project Redevelopment
Area by refunding all tax increment derived from construction of affordable units, less
pass through payments to other tax agencies. [ Assuming a modest 1,000 square foot
dwelling, the approximate value of this subsidy is $ 20,000 over the remaining life of the
Buellton Improvement Project. Based on a discount rate of 5%, the net present value of
this subsidy is $ 9,500].
Responsible Agency/ Department: Planning Department
Timeframe: 2004- 05 for AHO Amendment; 2005- 2006 for
Establishment of Rehabilitation/ Construction
Financing Program and Infill Subsidy Program
Funding: General Fund for AHO Amendment; State and
Federal Grant Programs for Secondary Dwell-ing
Rehabilitation/ Construction Program; Tax
Increment for Infill Subsidy Program
Expected Outcome: Amended Zoning Ordinance and Financial As-sistance
Programs
8. Housing Trust Fund. Past performance and recent economic modeling clearly
evidence the need for deeper subsidies, land use incentives and layered funding to
make development of affordable housing possible. This is particularly true of very low
income where the needs are the greatest and the numeric RHNA goals the highest.
Local funds alone are insufficient to meet that need. Instead, the City will need to draw
upon a variety of existing and potential funding resources available from State, Federal
and private sources. Locally, the most significant and immediately available resources
include: ( i) Redevelopment Housing Set Aside -- $ 566,217; ( ii) HOME Investment Part-nership
Program -- $ 140,000; and ( iii) County Housing Trust Funds -- $ 1,000,000.
a. Resource Development. To augment local funding sources, the City
shall: ( i) actively pursue grant and loan funding to finance the various housing initiatives
listed in the Housing Element; ( ii) work cooperatively with for- profit and non- profit hous-ing
sponsors to leverage resources ( e. g., State and Federal tax credits); ( iii) continue
participation in the HOME Consortium, support CDBG entitlement designation and ac-tively
pursue CDBG funding if successfully designated; and ( iv) evaluate other local
funding options and implement if deemed feasible. In specific regard to other local
funding sources, the City shall expressly evaluate the following: ( i) adoption of a non-residential
linkage development fee; ( ii) imposition of a real estate transfer tax; and ( iii)
dedication of transient occupancy taxes.
b. Redevelopment Agency. As a complimentary action to updating the
Housing Element, the City shall amend the Redevelopment Plan and update the 5- Year
Implementation Plan for the Buellton Improvement Project to: ( i) increase the amount of
tax increment “ housing set aside” expressly reserved for affordable housing from 20%
CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION
2004 Housing Element Page 27 City Council Resolution No. 04- 07
to 25% ( hereinafter referred to as “ Supplemental Housing Set Aside”); ( ii) require that all
housing set aside expenditures comply with proportionality requirements and expendi-ture
timetables required in redevelopment law; and ( iii) allow the Supplemental Housing
Set Aside to be reduced by contributions of local funds, including, for example, General
Fund revenues of the City ( but expressly excluding state and federal housing subsidies
or funds including, but not limited to, federal HOME or Community Development Block
Grant ( CDBG) funds or state or federal Tax Credit funds now or hereinafter available to
the City).
c. Proportional Expenditures. To align Redevelopment Plan and Housing
Element policies, the City shall amend its current AHO, requiring that Housing Trust
Funds expenditures be used to assist ( as provided in the Ordinance) housing affordable
to very low, low and moderate income households in the same proportion as the Net
RHNA housing need for each of income category represents of the total net RHNA need
for very low, low and moderate income households. No less than 40% of the Fund shall
be used to assist very low income housing over the current ten year implementation pe-riod
for the Buellton Improvement Project redevelopment area established and required
pursuant to Health and Safety Code § 33413.
Responsible Agency/ Department: City Manager
Timeframe: 2004- 05 for AHO, Redevelopment Plan and 5-
Year Implementation Plan Amendment; 2005
for Fee Studies; Ongoing for Grant Applica-tions
and Non- Profit Collaboration
Funding: General Fund
Expected Outcome: Capitalization of Housing Trust Fund
9. Public- Private Partnerships. The development of affordable housing, particu-larly
for very low income households and populations with special needs, generally re-quires
collaboration among multiple parties ( e. g., developers, non- profit housing spon-sors,
local government, etc.). In this regard, the City’s contribution can take one of a
number of forms: ( i) assisting in the review and preparation of concept drawings; ( ii)
analyzing development proforma and identifying gap financing; ( iii) fast tracking the en-vironmental
review and entitlement permit process; ( iv) utilizing the City’s police powers
to provide necessary land use and zoning; ( v) supporting applications submitted to fund-ing
agencies; ( vi) providing direct financial or development assistance; and ( vii) employ-ing
the Redevelopment Agency to assemble land for development. Recognizing the
collaborative nature of affordable housing development, the City shall undertake the fol-lowing:
( i) continue participation in the County HOME Consortium and similar collabora-tive
efforts to affirmatively further emergency shelter, transitional housing, single room
occupancy units and congregate housing needs outlined in the Consolidated Plan; ( ii)
conduct workshops and advise for- profit and non- profit sponsors of Key Development
Sites selected for application of an AHOZ; and ( iii) avail itself and offer all reasonable
assistance to facilitate the development of affordable housing consistent with the Gen-
CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION
2004 Housing Element Page 28 City Council Resolution No. 04- 07
eral Plan and updated Housing Element, with particular emphasis on the needs of very
low income target population groups ( e. g., farmworkers, disabled, etc.).
Responsible Agency/ Department: City Manager
Timeframe: Ongoing
Funding: Multiple Sources
Expected Outcome: Affordable Housing Projects
CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION
2004 Housing Element Page 29 City Council Resolution No. 04- 07
SECTION V: HOUSING IMPEDIMENTS
The City’s permit process is codified in Chapter 19.08 of the Buellton Municipal Code
and provides for three levels of approval: ( i) ministerial; ( ii) administrative; and ( iii) dis-cretionary.
Comparatively speaking, Buellton has a far less onerous system relative to
duration of process in comparison to other Santa Barbara jurisdictions while develop-ment
standards are similar. Section 19.02.110 of the Buellton Municipal Code lists uses
allowed in all residential zone districts. While group quarters and shared- living ar-rangements
are not expressly prohibited from the list of allowed uses, neither are they
expressly permitted. Relative to development fees, the City charges less than the me-dian
but above the average for single- family homes elsewhere in the County; for multi-family
construction, Buellton’s fees exceed both benchmarks. Separate and apart from
the Zoning Ordinance, the City is subject to the State Uniform Building Code (“ UBC”)
that establishes minimum standards for all classes of construction. State law also stipu-lates
that all newly constructed residential buildings consisting of four or more dwelling
units must be designed and constructed in a manner that allows access to, and use by,
disabled persons. This requirement does not require that physical changes be made at
the time of construction; rather, only that the units are designed to accommodate adap-tive
retrofit at a later date.
Goal: To remove impediments to the provision of affordable housing and provide ac-commodations
for persons with disabilities.
Policies:
H- 9 The City shall accommodate the full spectrum of housing types in its land use
regulations including, but not limited to, mixed- use developments, high density projects,
rental and co- op housing, secondary dwellings, in- fill development and special needs
housing ( i. e., SROs, group homes and congregate living).
H- 10 The City shall periodically evaluate and adjust its regulations, ordinances and
development fees to ensure that they do not unduly constrain housing production; new
regulatory proposals shall be evaluated for compliance with this policy in advance of
adoption.
H- 11 The City shall encourage the construction or conversion of emergency shelters,
transitional housing and single room occupancy units to meet the needs of the home-less
population and shall likewise facilitate development of group homes, congregate
care and independent living units for persons with disabilities.
H- 12 The City shall facilitate development of farm employee housing for up to 12 per-sons
on agriculturally zoned land as a matter of right and by conditional use elsewhere
in the City, and shall accommodate group living for up to six persons in all residential
zones as a matter of right subject to development standards reasonably established.
CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION
2004 Housing Element Page 30 City Council Resolution No. 04- 07
Programs and Actions:
Note: All programs involving new or amended ordinances shall be subject to Planning
Commission review and recommendation, and final approval by the City Council.
10. Land Use Modifications. The City shall amend its existing use regulations
( codified at Sections 19.02.110 and 19.02.210 of the Municipal Code) to: ( i) include
shared living arrangements as allowed residential uses, with specific references to sup-ported
living ( including In- Home Supportive Services) and licensed community care fa-cilities;
( ii) acknowledge that occupants are permitted without regard to familial status,
disability or other population segment stipulated in Fair Housing statutes ( e. g., individu-als
with Alzheimer’s, AIDS/ HIV, and homeless); ( iii) expressly allow emergency shel-ters,
transitional housing, single room occupancy units, farmworker housing and con-gregate
care facilities as allowed uses in all zone districts subject to Conditional Use
Permit; ( iv) clarify that the development standards for projects requiring a Conditional
Use Permit shall be those development standards of the underlying zone district where
the project is located, provided, however, that such development standards may be
modified or waived by Development Plan ( as provided in Section 19.08.120. G. 1); and
( v) reiterate that no project shall be denied nor shall any condition be imposed on a pro-ject
over which the City has discretionary approval
( as codified in Chapter 19.08) with regard to familial
status, disability or other population segment stipu-lated
in Fair Housing statutes ( e. g., individuals with
Alzheimer’s, AIDS/ HIV, and homeless). Concur-rently,
the City shall amend its Zoning Ordinance im-plementing
the provisions of Health & Safety Code
Sections 17021.5 and 17021.6: ( i) affirming agricul-tural
employee housing serving six or fewer persons
as an allowed use “ by right” ( e. g., Zoning Clearance)
within residential zone districts; ( ii) allowing em-ployee
housing serving 12 or fewer employees per-sons
as an allowed use “ by right” within agricultural zone districts; ( iii) clarifying that
persons having the right to occupy employee housing shall be restricted to individuals
engaged in agricultural occupations consistent with the standards and limitations pre-scribed
in the Employee Housing Act and its implementing regulations; and ( iv) estab-lishing
development standards, including parking, reasonably established for the zone
district in which the employee housing is developed or otherwise occupied. In addition,
the City shall amend the current definition of density ( codified at Section 19.12.020 of
the Municipal Code) to adjust for unit sizes in “ stand alone” residential projects based
on the equivalent measures set forth in Table 8.
Responsible Agency/ Department: Planning Department
Timeframe: 2004- 05
Funding: General Fund
Expected Outcome: Amended Zoning Ordinance
TABLE 8: DENSITY EQUIVALENTS
LARGE UNIT PREFERENCE
Unit Size Factor
Studio 1.0
One bedroom 0.85
Two bedroom 0.75
Three or more bed-room
0.65
CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION
2004 Housing Element Page 31 City Council Resolution No. 04- 07
11. Development Constraints. The sites identified for potential residential devel-opment
and shown in Figure 2 fall within one of three land use designations: ( i) Resi-dential
Multifamily; ( ii) General Commercial; and ( iii) AHOZ. As proposed, development
standards within the AHOZ are open- ended and provide the most flexibility. Of the zone
districts that presently exist, the CR General Commercial district is the least restrictive.
Within Residential Multifamily Zones, development standards are more traditional and
may require modification in order to achieve infill affordable housing objectives. As pre-viously
noted, the City’s current development fees for multifamily residential exceed
both the average and median compared to other jurisdictions in the County. Accord-ingly,
the following actions shall be taken: ( i) the City, in consultation with the Home
Builders Association of the Central Coast, shall undertake a study of the multifamily
zone district with the specific objective of determining the necessity and appropriate-ness
of modifying relevant development standards ( including Community Design Guide-lines)
to maximize the build- out of multifamily properties at base densities with allow-ance
for bonus units; and ( ii) the City shall evaluate modification of development fees in
conjunction with the City’s forthcoming General Plan update and determine the financial
feasibility of waiving fees for affordable units and reapportioning the difference among
all other development categories.
Responsible Agency/ Department: Planning Department
Timeframe: 2005- 06
Funding: General Fund
Expected Outcome: Amended Zoning Ordinance and Modified De-velopment
Fees
12. Special Needs Housing. As a member of the Santa Barbara County HOME
Consortium, the City actively supports the County in administering a Continuum of Care
Homeless Assistance Program. In addition, the City provides financial assistance to
Santa Ynez Valley People Helping People in furnishing food and emergency services to
Buellton residents. Information regarding services to assist homeless persons is rou-tinely
provided by the City as appropriate. Persons needing such services are typically
referred to the County Sheriff ( which administers a fund for food, gas and emergency
shelter) or to People Helping People ( which administers various social services). A
substation of the County Sheriff is located adjacent to City Hall and People Helping
People operate in nearby Solvang. According to People Helping People, the needs
specific to the Santa Ynez Valley include: ( i) Emergency Shelter Needs: 50- 60
nights/ year ( residential motels serve as a common temporary source); ( ii) Transitional
Needs: 4- 6 year round units, each client typically requiring a 90- 120 day ( clients primar-ily
involve families, translating to a need for 4 two bedrooms; 2 three bedrooms); and
( iii) Developmentally Disabled: 6- 10 units for developmentally disabled adults, including
both assisted and independent living, evenly divided bedroom sizes. To address these
needs, the City shall: ( i) continue its involvement and support of the Consortium of Care
and People Helping People Homeless Programs; ( ii) continue to disseminate informa-tion
on services and resources; ( iii) evaluate amnesty provisions for utilizing motels for
CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION
2004 Housing Element Page 32 City Council Resolution No. 04- 07
limited residential purposes ( see Program 15); ( iv) amend its existing AHO and exempt
special needs housing from inclusionary requirements.
Responsible Agency/ Department: City Manager
Timeframe: 2004- 05 for AHO Amendment; 2005 for Resi-dential
Motel Amnesty Program; and Ongoing
for Balance of Services
Funding: General Fund
Expected Outcome: Amended Zoning Ordinance
13. Persons with Disabilities. The Fair Employment and Housing Act prohibits dis-crimination
in all aspects of housing ( rental, lease, terms and conditions, etc.) because
of a person’s disability. Disability is defined as: ( i) physical or mental impairment that
limits one or more of a person's major life activities; or ( ii) a record of having, or being
perceived as having, a physical or mental impairment. It does not include current illegal
use of, or addiction to, a controlled substance ( as defined by Section 102 of the Federal
Controlled Substance Act, 21 U. S. C. Sec. 802). Persons with disabilities have the right
to use the services of a guide, signal or service dog or other such designated animal
and to keep such animals in or around their dwellings. At the request of a person with a
disability ( or by someone acting on behalf of such person with his or her written con-sent),
a housing provider must make reasonable accommodations in rules, policies,
practices or services when these accommodations may be necessary to afford a dis-abled
person equal opportunity to use and enjoy a dwelling. A housing provider must
allow a person with a disability ( at the tenant’s expense or at the expense of someone
acting on behalf of such person with his or her written consent) to reasonably modify
existing premises if the modifications are necessary to afford the disabled person full
enjoyment of the premises. In furtherance of these rights, the City shall modify its exist-ing
AHO and Zoning Ordinance to: ( i) incorporate Fair Employment and Housing Act
provisions into each Affordable Housing Agreement governed by the AHO; ( ii) give pri-ority
to disabled persons ( second only to displaced persons) in occupying affordable
units governed by the AHO; and ( iii) institute a new abbreviated variance procedure,
expressly designed to accommodate adaptive retrofit requests ( e. g., discretionary au-thority
vested with the Planning Director under a Development Plan procedure employ-ing
a processing fee no greater than the amount charged for a Minor Use Permit with
findings tailored to the circumstances particular to the occupant or use of the premises
rather than physical features particular to the property). In addition, the City shall: ( i)
disseminate information on the rights of the disabled as part of the Information and Re-ferral
Program listed under Equal Housing Opportunity; and ( ii) seek grant funds and
establish an adaptive retrofit program to underwrite the expense of modifying dwellings
to accommodate the needs of persons with disabilities.
Responsible Agency/ Department: Planning Department
Timeframe: 2005
CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION
2004 Housing Element Page 33 City Council Resolution No. 04- 07
Funding: General Fund for AHO, Zoning Ordinance
Amendment and Information Dissemination;
State and Federal Grants for Adaptive Retrofit
Program ( e. g., HOME Funds)
Expected Outcome: Amended Zoning Ordinance and Adaptive Ret-rofit
Program
CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION
2004 Housing Element Page 34 City Council Resolution No. 04- 07
SECTION VI: CONSERVATION AND REHABILITATION
Target groups comprise approximately 59% of all households in Buellton. Of these
households, approximately 39% pay in excess of 30% of their income toward housing.
This translates to an overall affordability gap of 23%. For new residents, the
affordability gap is roughly double the rate endured by current residents. This disparity
underscores the need to preserve existing affordable housing; in particular, mobile ( and
manufactured) homes that account for 28% of the City’s total housing stock. This need
is shared equally between owners and renters, while persons living in overcrowded or
substandard conditions are skewed toward renters ( i. e., approximately 30% for renters
and 3% for owners). In specific regard to housing conditions, independent field surveys
along with 2000 Census data reveal that between 63 and 133 dwellings are substan-dard,
while as much as 40% of the City’s housing stock may contain lead- based paint.
As with other housing needs, the distribution of substandard housing is skewed toward
renter- occupied households. The data also reveals a mismatch in the size of dwellings
( relative to bedroom counts) and households ( relative to number of persons).
Goal: To conserve and rehabilitate the City's current stock of affordable housing.
Policies:
H- 13 The City shall promote the cooperative repair, rehabilitation and improvement of
mobile homes and residential structures that are substandard or in disrepair; blighted
conditions and unsafe structures shall be abated and tenants shall be afforded protec-tions
in the event of their displacement.
H- 14 The City shall require replacement of dwellings that are occupied by, and afford-able
to, target income groups and removed from the housing inventory due to demoli-tion
or conversion; exceptions shall be granted for owner- occupied dwellings, properties
undergoing public nuisance abatement and non- conforming uses.
H- 15 The City shall allow dwellings to be rehabilitated that do not meet current lot size
requirements, building setbacks or other development standards, so long as the non-conformity
is not increased and there is no threat to public health or safety; the City may
consider amnesty for non- conforming uses in exchange for affordable housing.
H- 16 The City shall encourage energy efficient construction in all new and rehabilitated
dwelling units in compliance with the State Building Code; new land use patterns result-ing
from annexation shall encourage energy efficiency; solar access for existing devel-opment
shall be protected and provided in new development, to the extent feasible.
Programs and Actions:
Note: All programs involving new or amended ordinances shall be subject to Planning
Commission review and recommendation, and final approval by the City Council.
CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION
2004 Housing Element Page 35 City Council Resolution No. 04- 07
14. Property Rehabilitation. Field surveys conducted at the end of 2002 suggest
that the City’s overall housing rehabilitation needs are modest. Less than 5% of the
City’s housing was deemed substandard. Most of this housing is occupied by renters,
presumably by persons of low and moderate income. At present, the City provides fi-nancial
assistance to People Helping People in underwriting the expense of making
emergency repairs to mobile homes within Buellton ( representing approximately 25% of
the City’s total housing inventory). According to on- site resident managers, approxi-mately
16 manufactured homes are currently in need of repair. In response to these
needs, the City shall: ( i) continue its financial support of the mobile home repair pro-gram;
( ii) evaluate expansion of emergency repair assistance to encompass low and
very low income single family owner occupants, adaptive retrofit needs of disabled per-sons
and inclusion of energy conservation features; ( iii) conduct a focused outreach to
owners of substandard rental property to identify interest/ willingness to engage in coop-erative
rehabilitation; ( iv) establish a budget and seek grant funds to underwrite these
endeavors; and ( v) prioritize funds according to the severity of need and link affordable
housing covenants to the amount of funds required.
Responsible Agency/ Department: City Manager
Timeframe: Ongoing for Emergency Mobile Home Repair
Program; 2005- 2006 for Program Expansion to
Owner Occupants and Rental Properties
Funding: General Fund, Tax Increment and State Grant
Funds
Expected Outcome: Emergency Repairs and Rehabilitation of
15. Code Enforcement. As previously noted, less than 5% of the City’s housing is
deemed substandard. However, nearly half of the substandard units are classified as
dilapidated or functionally obsolete and all of these units are renter occupied. Observed
conditions may be so severe as to result in demolition or removal should the City pro-ceed
with enforcement action. Apart from substandard conditions, tenants are also sub-ject
to displacement resulting from conversion of use. Since 1993, a total of 18 dwell-ings
have been removed from the City’s housing inventory by reason of change or ex-pansion
of use; an undeterminable number of occupants may have been renters of tar-get
income groups. In addition to residential units whose continued use may be in
jeopardy, there are an underdetermined number of motel rooms ( concentrated in the
area of Avenue of Flags) that may be in violation of zoning regulations by virtue of their
long- term residential use; an additional 37 motel rooms have recently been permitted for
conversion to another use. To protect tenants without compromising land use policies or
vested property owner rights, the City shall undertake the following actions.
a. Relocation Assistance. The City shall amend its existing AHO to insti-tute
tenant notice and relocation payments consistent with all of the provisions and re-quirements
of Health & Safety Code sections 50651 through 50659.3. The AHO
amendment shall be applicable to the demolition or conversion of all residential rental
units regardless of whether tenant displacement: ( i) results from code enforcement, or
CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION
2004 Housing Element Page 36 City Council Resolution No. 04- 07
voluntary acts of the owner of such units; or ( ii) is otherwise exempt from the replace-ment
housing provisions of the AHO. The AHO Amendment shall: ( i) make relocation
notice and payments the residential rental unit owner’s responsibility ( provided that the
City may elect to provide the notice and advance the payments under the provisions of
Health and Safety Code Section 50657); ( ii) establish the amount relocation assistance
as constituting greater of ( a) two times the actual monthly rent or ( b) six times the
monthly difference between the Affordable Housing Price ( rent) and the current Fair
Market Rent published by the Santa Barbara County Housing Authority in conjunction
with the federal Section 8 Housing Assistance Payments Program. In all other respects
the AHO shall incorporate and conform to the relocation payments, tenant noticing, ap-peals
process and tenant disqualification provisions of Health and Safety Code
§ § 50651- 50659.3. These obligations shall apply to all projects for which discretionary
permit approval is granted on or after the effective date of the AHO amendment; pro-vided,
however, that relocation requirements stipulated under redevelopment shall gov-ern
projects financed, in whole or in part, by the Redevelopment Agency.
b. Abatement Process. The City shall amend its existing AHO to institute
special procedures in regard to abatement of substandard housing conditions. Under
the AHO amendment, a tenant shall not be required to move until proper notice has
been given and relocation payments have been made, except or unless the conditions
of the property are so severe as to pose an immediate and serious threat to the health
or safety of the occupants, in which case: ( i) the City may suspend the requirement for
notice and payment of relocation assistance prior to displacement; ( ii) the property shall
be vacated in the time and manner provided by law; and ( iii) prior to displacement of the
occupants, the City shall contact the Santa Barbara County Housing Authority ( SBCHA)
and Santa Ynez People Helping People regarding the impending displacement, request
that those agencies provide a preference for the occupants for subsidized housing, and
provide the occupants with a referral to the SBCHA and People Helping People. In the
event that the property must be vacated before the notice and relocation payment re-quirements
are satisfied, the owner shall remain responsible for payment of relocation
assistance after the tenants have been displaced.
c. Transient Occupancy. The City shall amend its Municipal Code to: ( i)
clarify the definition of hotel and motel uses with respect to duration of occupancy; ( ii)
allow for a reasonable number of long- term visitor stays; ( iii) provide for a reasonable
amortization of existing non- conforming use; and ( iv) make allowances for relocation
payments in the event of tenant displacement. As part of the Municipal Code amend-ment,
the City shall: ( i) undertake an analysis of candidate properties; ( ii) ascertain the
breadth and magnitude of potential non- conforming conditions; and ( iii) evaluate the
feasibility of an amnesty program whereby limited residential use may be continued in
exchange for affordable housing covenants.
Responsible Agency/ Department: City Manager
Timeframe: 2004- 2005
CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION
2004 Housing Element Page 37 City Council Resolution No. 04- 07
Funding: General Fund, Tax Increment and State Grant
Funds
Expected Outcome: Amended Municipal Code and AHO; Residen-tial
Motel Amnesty Program
16. Affordable Covenants and Interim Assistance. Several recent projects ap-proved
or constructed in the vicinity of Avenue of Flags may be candidates for purchase
of affordable covenants. These projects were approved prior to the AHO becoming ef-fective
and are exempt from the City’s inclusionary requirements. The purchase of
covenants could add units to the City’s permanent supply of affordable housing or pro-vide
interim assistance for temporary stays ( i. e., emergency and transitional housing).
The most likely candidates are those properties where off- setting incentives could be
offered in lieu of financial consideration. Such incentives might include on- street park-ing
credits, relaxed development standards and redevelopment property tax credits.
Accordingly, the City shall undertake the following: ( i) contact property owners of candi-date
properties to ascertain their interest and willingness to entertain purchase of af-fordable
covenants; ( ii) negotiate the terms and conditions of participation; ( iii) establish
a budget and seek grant funds to underwrite these endeavors; and ( iv) conclude the
purchase of affordable covenants. As a complimentary action, interim assistance is cur-rently
available through People Helping People in the form of emergency mortgage and
rent assistance to forestall untimely displacements. Concurrent with its assessment of
affordable covenants, the City shall evaluate financial resources by which to continue
and broaden the emergency mortgage and rent assistance program.
Responsible Agency/ Department: City Manager
Timeframe: 2004- 2005
Funding: Tax Increment and State/ Federal Grant Funds
Expected Outcomes: Development Agreements and Financial Assis-tance
17. Energy Conservation. The City will continue to collect, maintain and dissemi-nate
information from Pacific Gas and Electric (“ PG& E”) to encourage existing residents
to participate in energy efficiency retrofit and rebate programs.. This information will be
maintained at City Hall and relevant topics will be periodically featured in the City’s
semi- annual newsletter that is distributed to all residents. In addition, the City will: ( i)
post relevant information on its official website; ( ii) integrate energy retrofit improve-ments
into its emergency repair and housing rehabilitation programs; and ( iii) sponsor-ing
an energy awareness program, in conjunction with PG& E, to educate residents
about the benefits of various retrofit and rebate programs.
Responsible Agency/ Department: City Manager, Planning Department
Timeframe: Ongoing
Funding: General Fund/ PG& E
Expected Outcome: Increased Energy Awareness
CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION
2004 Housing Element Page 38 City Council Resolution No. 04- 07
SECTION VII: EQUAL HOUSING OPPORTUNITIES
The California Fair Employment and Housing Act: ( i) prohibits discrimination and har-assment
in all aspects of housing including sales and rentals, evictions, terms and con-ditions,
mortgage loans and insurance, and land use and zoning; ( ii) requires housing
providers to make reasonable accommodation in rules and practices to permit persons
with disabilities to use and enjoy a dwelling and to allow persons with disabilities to
make reasonable modifications of the premises; and ( iii) prohibits retaliation against any
person who has filed a complaint with the State Department of Fair Employment and
Housing, participated in a Department investigation or opposed any activity prohibited
by the Act. According to data furnished by the Santa Barbara County Fair Housing Pro-gram
and State Department of Fair Employment and Housing, only two complaints were
lodged during the previous seven- year Housing Element planning cycle. While the inci-dence
of complaints is relatively small, the scarcity of vacancies and general lack of af-fordable
housing can lead to more widespread discrimination. In this regard, incomes
are lowest among minorities and special needs population with the scarcest housing.
Goal: To affirmatively further fair housing and assure equal access to sound, affordable
housing for all persons regardless of race, creed, age or sex.
Policies:
H- 17 The City declares that all persons regardless of race, creed, age, physical disabil-ity
or sex shall have equal access to sound and affordable housing pursuant to State
and Federal laws.
H- 18 The City will promote awareness of the California Fair Housing and Employment
Act and actively support enforcement of the policies of the State Fair Employment and
Housing Commission.
H- 19 The City will encourage the participation of all citizens of Buellton in the develop-ment
of housing policies for the City.
Programs and Actions:
Note: All programs involving new or amended ordinances shall be subject to Planning
Commission review and recommendation, and final approval by the City Council.
18. Fair Housing Services. The Federal HOME ( Investment Partnership Act) Pro-gram
provides access to grant funds targeted at low and very low income families. Eli-gible
uses of these funds include homeownership assistance, multifamily rental project
assistance, homeowner rehabilitation, and tenant based rental assistance. To enhance
their prospects for Federal HOME funding, the Cities of Buellton, Carpinteria, Goleta,
Lompoc, Santa Maria and Solvang have formed a consortium in cooperation with Santa
Barbara County. As a member of the HOME Consortium, the City of Buellton has ac-
CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION
2004 Housing Element Page 39 City Council Resolution No. 04- 07
cess to a variety of fair housing services sponsored by the County including the Rental
Housing Mediation Task Force, fair housing publications and website information. Due
to limited funding, these services are typically restricted to residents and property own-ers
within unincorporated areas of the County. To expand access to these programs
and assure their continued availability to Buellton, the City shall enter into discussions
with the County and arrange a transfer or trade of HOME funds ( or Federal CDBG funds
should they subsequently become available) in exchange for access to County-sponsored
fair housing counseling, information dissemination and referral services.
Responsible Agency/ Department: City Manager
Timeframe: 2005
Funding: HOME Program ( or CDBG Funds if the Con-sortium
Subsequently Qualifies)
Expected Outcome: Local Access to Fair Housing Services
19. Information and Referral. The City will continue to collect, maintain and dis-seminate
information from the County, Housing Authority and State Department of
Equal Housing and Employment regarding housing and tenant rights. This information
will be maintained at City Hall and relevant topics will be periodically featured in the
City’s semi- annual newsletter that is distributed to all residents. The City will also: ( i)
post relevant information on its official website; ( ii) conduct a focused mailing of relevant
materials to landlords and tenants; and ( iii) refer complaints directly to the State De-partment
of Fair Employment and Housing. In addition, the City in partnership with the
County of Santa Barbara ( acting by and through the HOME Consortium and CDBG
Program) and other public and non- profit agencies, will jointly sponsor and avail its fa-cilities
to provide an educational seminar on tenant and property owner rights and re-sponsibilities
under state and federal fair housing laws.
Responsible Agency/ Department: City Manager
Timeframe: 2004 for Fair Housing Seminar; 2005 for Mail-ing
and Website; Ongoing for Information Dis-semination
and Interagency Cooperation
Funding: General Fund
Expected Outcome: Distribution of Information Regarding Equal
Access to Housing
20. Affirmative Marketing. Under the City’s existing AHO, an Affordable Housing
Agreement is required for all inclusionary dwellings, density bonus units and replace-ment
housing governed by the AHO. Each Agreement must be submitted to the City
Council for review and approval prior to recordation. The City shall amend the AHO and
incorporate Affirmative Fair Housing Marketing requirements into all Affordable Housing
Agreements as follows: ( i) Fair Housing – each housing sponsor shall carry out an af-firmative
program to attract tenants, regardless of sex, of all minority and majority
groups to the encumbered property, publicizing to minority persons the availability of
housing opportunities regardless of race, color, religion, sex or national origin, through
CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION
2004 Housing Element Page 40 City Council Resolution No. 04- 07
the type of media customarily utilized by the qualified tenants, including minority publi-cations
or other minority outlets which are available in the housing market area, and all
advertising shall include either the HUD- approved Equal Housing Opportunity logo or
slogan or statement and all advertising depicting persons shall include persons of ma-jority
and minority groups, including both sexes; ( ii) EEO Notice ( Office) -- each housing
sponsor shall prominently display in all offices in which sale or rental activity pertaining
to the encumbered property takes place the HUD- approved Fair Housing Poster and
include in any printed material used in connection with said sales or rentals, the HUD-approved
Equal Housing Opportunity logo or slogan or statement; ( iii) EEO Notice
( Property) – the housing sponsor shall post in a conspicuous position within the encum-bered
property a sign displaying prominently either the HUD- approved Equal Housing
Opportunity logo or slogan or statement; and ( iv) Fair Housing Compliance -- as part of
the annual reporting process, the housing sponsor shall document any and all claims of
housing discrimination filed in regard to the encumbered property and the disposition of
such claims. Subject to the limits of fair housing and associated laws, and notwith-standing
the preferences granted to displaced persons and persons with disabilities
( Program 13), Buellton residents shall be afforded priority in occupying affordable hous-ing
governed under the AHO.
Responsible Agency/ Department: Planning Department
Timeframe: 2004
Funding: General Fund
Expected Outcome: Amended Zoning Ordinance
21. Public Participation and Monitoring. Prior to any public hearing where the City
is considering amending or updating the Housing Element, the City will post notices at
significant public locations and shall directly notify the California Department of Housing
and Community Development, People's Self Help Housing Corporation, Santa Barbara
Community Housing Corporation, People- Helping- People, Cabrillo Economic Develop-ment
Corporation ( CEDC), Santa Barbara County Housing Authority, California Rural
Legal Assistance, Home Builders Association of the Central Coast, local churches and
all others expressly requesting to receive notice of such matters. Notice shall also be
given in conjunction with annual review of Housing Element performance. In addition,
the City, acting by and through its Redevelopment Agency, shall amend the Buellton
Improvement Project Redevelopment Plan and 5- Year Implementation Plan to fully in-tegrate
and incorporate of the affordable housing policies and programs set forth in the
Housing Element.
a. Annual Review. No less often than once each year, the City shall con-duct
a noticed meeting to assess housing performance and undertake program adjust-ments
in connection with the planning report required by California Government Code
Section 65400. Net RHNA goals ( as defined in Program 2) shall be recomputed at this
time, along with necessary and appropriate changes in the AHOZ and CR Variable Limit
( Programs 2 and 3). At a minimum, the City shall modify its programs and policies to
ensure that adequate sites, suitably zoned, are available to accommodate the City’s Net
CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION
2004 Housing Element Page 41 City Council Resolution No. 04- 07
RHNA goals for very low and low income in accordance with the provisions of Program
2. a.. Such actions include, but are not necessarily limited to: ( i) the designation of addi-tional
AHOZ sites; ( ii) an increase in the base density of property with an AHOZ desig-nation;
or ( iii) rezoning of non- residentially zoned property for exclusive residential use
at a minimum density of 25 units per acre.
b. Program Promotion. As part of the annual review process, the City shall
promote the availability of housing assistance programs and conduct a workshop with
specific emphasis on Programs 2, 3, 4, 7, 13, 17 and 15a. No less than once a year,
these programs will be advertised in the City’s semi- annual newsletter that is distributed
to all residents and posted on the City’s official website.
Responsible Agency/ Department: Planning Department
Timeframe: 2004- 05 for Redevelopment Plan
Amendments; Ongoing for Noticing, Ad-vertising,
Workshops and Annual Re-ports
Funding: General Fund
Expected Outcome: Integrative Policy Development and Per-formance
Review
CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION
2004 Housing Element Page 42 City Council Resolution No. 04- 07
SECTION VIII: PRESERVATION OF AT- RISK UNITS
At- risk units are those that are currently in a subsidized housing program and provide
housing to target income groups at an affordable housing cost but will soon revert to
market- rate housing due to termination of subsidy contracts, mortgage prepayment, or
expiring use restrictions. Potential candidates include all multifamily rental units assisted
under Federal, State and/ or local programs including Federal and State grants, bond
programs, redevelopment projects, local in- lieu fees, housing trusts funds, inclusionary
housing and density bonuses (“ covered units”). As of the October 1, 2003, only one “ at
risk” project has been identified: a 12- unit very low income project developed by the
Santa Barbara Community Housing Corporation under the California Tax Credit Pro-gram
located at 590 Central Avenue and commonly known as Central Gardens I. The
project was developed in 2000 and has a 55- year deed covenant. Under Housing Ele-ment
criteria, the property is not deemed at risk of conversion.
Goal: Retention and continuation of affordability covenants on all covered units at risk
of conversion in Buellton.
Policies:
H- 20 The City shall actively monitor covered units and use all reasonable efforts to pre-serve
at risk dwellings including, but not limited to, direct purchase, mortgage refinanc-ing,
non- profit partnership acquisition, co- operative tenant conversion and similar pres-ervation
techniques.
H- 21 At least two years written notice shall be required prior to the conversion of any
covered units; such notice shall be given to the City, California Department of Housing
and Community Development, Santa Barbara County Housing Authority and residents
of covered units.
Programs and Actions:
Note: All programs involving new or amended ordinances shall be subject to Planning
Commission review and recommendation, and final approval by the City Council.
22. Affordable Housing Monitoring. The City shall maintain, in coordination with
the Santa Barbara County Housing Authority and all other non- profit housing sponsors,
a list of all dwellings within the City that are subsidized by government funding or low
income housing developed through local regulations or incentives. The list shall include,
at a minimum, the number of units, the type of government program, and the date at
which the units may convert to market- rate dwellings. In addition, the City shall: ( i)
amend its existing AHO to impose two- year noticing as part of the Affordable Housing
Agreements executed and recorded in connection with covered units; ( ii) notify the cur-rent
owner/ manager of Central Gardens I of the two year notice requirement and record
CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION
2004 Housing Element Page 43 City Council Resolution No. 04- 07
a declaration to this effect upon title; and ( iii) document the status of all covered units as
part of its year- end report required pursuant to Government Code Section 65400.
Responsible Agency/ Department: Planning Department
Timeframe: 2004- 05 for Amendment to AHO and Notifica-tion
to Central Gardens I;
Ongoing for Annual Year- End Reports
Funding: General Fund
Expected Outcome: Amended Zoning Ordinance and Annually Up-dated
List
CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION
2004 Housing Element Page 44 City Council Resolution No. 04- 07
SECTION IX: IMPLEMENTATION SUMMARY
TABLE 9: PROGRAM
SUMMARY HOUSING ELEMENT PROGRAMS
Housing
Program
Five- Year
Objective
Implementation
Time Frame
Funding
Sources
Responsible
Entity
1
General Plan
Update
Amended General
Plan Land Use Ele-ment
& Zoning Ordi-nance
May 7, 2005 General Fund Planning De-partment
2
Affordable
Housing Over-lay
Zone
Amended General
Plan Land Use Ele-ment
& Zoning Ordi-nance
2004- 05 General Fund Planning De-partment
3
Mixed Use
Development.
Amended General
Plan Land Use Ele-ment
& Zoning Ordi-nance
2004- 05 General Fund Planning De-partment
4
Secondary
Unit & Multi-family
Infill
Amended Zoning
Ordinance
2004- 05 General Fund Planning
Department
ADEQUATE HOUSING SITES
5
Development
Capacity Pres-ervation.
Amended Zoning
Ordinance
2004- 05 for Ur-gency
Ordinance
and AHO
Amendment; On-going
for Public
Land Disposition
General Fund Planning De-partment
6 Inclusionary
Housing
Amended Zoning
Ordinance
2004- 05 General Fund Planning De-partment
7
Secondary
Dwelling &
Infill Induce-ments
Amended Zoning
Ordinance & Finan-cial
Assistance Pro-grams
2004- 05 for AHO
Amendment;
2005- 06 for Es-tablishment
of
Financing & Sub-sidy
Programs
General Fund
and
State/ Federal
Grants
Planning De-partment
8
Housing Trust
Fund
Capitalization of
Housing Trust Funds
2004- 05 for AHO,
Redevelopment
Plan and 5- Year
Implementation
Plan Amend-ment;
2005 for
Fee Studies; On-going
for Grant
Applications &
Non- Profit Col-laboration
General Fund City Manager
AFFORDABLE HOUSING SUPPLY
9
Public- Private
Partnerships
Affordable Housing
Projects
Ongoing Multiple
Sources
City Manager
CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION
2004 Housing Element Page 45 City Council Resolution No. 04- 07
TABLE 9:
( Continued) HOUSING ELEMENT PROGRAMS
Housing
Program
Five- Year
Objective
Implementation
Time Frame
Funding
Sources
Responsible
Entity
10 Land Use
Modifications
Amended Zoning Or-dinance
2004- 05 General Fund Planning De-partment
11
Development
Constraints
Amended Zoning Or-dinance
& Modified
Development Fees
2005- 06 General Fund Planning
Department
12
Special
Needs Hous-ing
Amended Zoning Or-dinance
2004- 05 for AHO
Amendment; On-going
for Sup-porting
Services
General Fund City Manager
HOUSING IMPEDIMENTS
13
Persons with
Disabilities
Amended Zoning Or-dinance
& Adaptive
Retrofit Program
2005 General Fund
& State/ Fed-eral
Grants
Planning De-partment
14
Property Re-habilitation
Amended Zoning Or-dinance,
Emergency
Repairs & Property
Rehabilitation
Ongoing for
Emergency Mo-bile
Home Repair
Program; 2005-
06 for Program
Expansion
General
Fund, Tax
Increment &
State/ Federal
Grants
City Manager
15
Code En-forcement
Amended Zoning Or-dinance
& Residential
Motel Amnesty Pro-gram
2004- 05 General
Fund, Tax
Increment &
State/ Federal
Grants
City Manager
16
Affordable
Covenants
and Interim
Assistance
Development Agree-ments
& Financial
Assistance
2004- 05 Tax Incre-ment
&
State/ Federal
Grant Funds
City Manager
CONSERVATION & REHABILITATION
17
Energy Con-servation
Increased Energy
Awareness
Ongoing General Fund
& Pacific Gas
and Electric
City Manager &
Planning De-partment
CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION
2004 Housing Element Page 46 City Council Resolution No. 04- 07
TABLE 9:
( Continued) HOUSING ELEMENT PROGRAMS
Housing
Program
Five- Year
Objective
Implementation
Time Frame
Funding
Sources
Responsible
Entity
18
Fair Housing
Services
Local Access to Fair
Housing Services
2005 HOME or
CDBG Pro-gram
City Manager
19
Information &
Referral
Distribution of Infor-mation
Regarding
Equal Access to
Housing
2004 for Fair
Housing Semi-nar;
2005 for
Mailing & Web-site;
Ongoing for
Information Dis-semination
& In-teragency
Coop-eration
General Fund City Manager
20 Affirmative
Marketing
Amended Zoning
Ordinance
2004 General Fund Planning De-partment
EQUAL HOUSING OPPORTUNITIES
21
Public Par-ticipation
&
Monitoring
Integrative Policy
Development & Per-formance
Review
2004- 05 For
Redevelopment
Plan Amend-ments;
Ongoing
for Noticing &
Annual Reports
General Fund Planning De-partment
PRESERVATION
OF AT RISK UNITS
22
Affordable
Housing
Monitoring
Amended Zoning
Ordinance & Annu-ally
Updated “ At
Risk” Units List
2004- 05 for AHO
Amendment &
Notification to
Central Gardens
I; Ongoing for
Annual Year- End
Reports
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| Rating | |
| Title | City of Buellton 2004 housing element : a component of the Buellton general plan. |
| Subject | Housing policy--California--Buellton.; Housing--California--Buellton--Statistics.; City planning--California--Buellton. |
| Description | Title from cover.; "Date adopted: June 10, 2004."; "Planning horizon 2001 to 2008."; Harvested from the web on 1/26/07 |
| Creator | Buellton (Calif.) |
| Publisher | City of Buellton] |
| Type | Text |
| Language | eng |
| Relation | Also available online via the Internet.; http://digitalarchive.oclc.org/request?id%3Doclcnum%3A61412107; http://www.cityofbuellton.com/Special/GeneralPlan/C.%20Housing%20Element.pdf |
| Date-Issued | 2004 |
| Format-Extent | v, 115 p. : maps ; 28 cm. |
| Transcript | PLANNING HORIZON 2001 to 2008 City of Buellton P. O. Box 1819 107 W. Highway 246 Buellton, CA 93427 A Component of the Buellton General Plan CITY OF BUELLTON 2004 HOUSING ELEMENT Housing Goals, Programs, Policies and Quantified Objectives: • Adequate Sites • Affordable Housing Supply • Housing Impediments • Conservation and Rehabilitation • Equal Housing Opportunity • Preservation of At Risk Units • Quantified Objectives Preliminary Analysis and Program Development: • Housing and Demographic Data • Housing Affordability • Needs Assessment • Constraints and Opportunities • Development Potential • Past Performance • Policy & Program Considerations Adopted By: CITY COUNCIL RESOLUTION NO. 04- 07 107 W. Highway 246 Buellton, California 93427 Date Adopted: June 10, 2004 CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION 2004 Housing Element Page ii City Council Resolution No. 04- 07 TABLE OF CONTENTS PAGE PART ONE: HOUSING GOALS, PROGRAMS, POLICIES AND QUANTIFIED OBJECTIVES SECTION I: INTRODUCTION Community Context 1 Statutory Overview 2 Housing Element Requirements 2 Adoption Timeline 5 Update Process 5 Public Participation 5 Relationship to Other General Plan Elements 7 SECTION II: POLICY CONTEXT Information Sources 8 Income Profile 8 Housing Profile 8 Existing Housing Needs 9 Future New Construction Requirements 9 Opportunities and Constraints 9 Development Potential 10 Past Performance 11 SECTION III: ADEQUATE HOUSING SITES Goal 14 Policies 14 Programs and Actions 15 SECTION IV: AFFORDABLE HOUSING SUPPLY Goal 24 Policies 24 Programs and Actions 24 CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION 2004 Housing Element Page iii City Council Resolution No. 04- 07 SECTION V: HOUSING IMPEDIMENTS Goal 29 Policies 29 Programs and Actions 30 SECTION VI: CONSERVATION AND REHABILITATION Goal 34 Policies 34 Programs and Actions 34 SECTION VII: EQUAL HOUSING OPPORTUNITY Goal 38 Policies 38 Programs and Actions 38 SECTION VIII: PRESERVATION OF AT RISK UNITS Goal 42 Policies 42 Programs and Actions 42 SECTION IX: IMPLEMENTATION SUMMARY Program Summary 44 Quantified Objectives 46 LIST OF TABLES TABLE 1: COMPLIANCE SUMMARY 2 TABLE 2: NOTICE MAILING LIST 6 TABLE 3: PROGRAM OPTIONS 10 TABLE 4: HOUSING ISSUE SUMMARY 12 TABLE 5: DENSITY EQUIVALENTS – SMALL UNIT PREFERENCE 18 TABLE 6: KEY DEVELOPMENT SITES 21 TABLE 7: PROGRAM CAPACITY SUMMARY 23 TABLE 8: DENSITY EQUIVALENTS – LARGE UNIT PREFERENCE 30 TABLE 9: PROGRAM SUMMARY 44 TABLE 10: QUANTIFIED OBJECTIVES 46 CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION 2004 Housing Element Page iv City Council Resolution No. 04- 07 LIST OF FIGURES FIGURE 1: COMMUNITY ORIENTATION 1 FIGURE 2: KEY DEVELOPMENT SITES 21 PART TWO: PRELIMINARY ANALYSIS AND PROGRAM DEVELOPMENT SECTION I: HOUSING AND DEMOGRAPHIC CHARACTERISTICS Population Profile 47 Household Profile 48 Housing Profile 50 Economic Profile 51 SECTION II: HOUSING AFFORDABILITY Housing Cost Profile 56 Operative Terms 57 Affordability Gap 57 SECTION III: NEEDS ASSESSMENT Needs Summary 59 Housing Conditions 59 Lead Based Paint 60 Jobs – Housing Balance 61 Housing Inventory Match 62 At Risk Units 63 Special Needs Population 63 Homeless 66 SECTION IV: OPPORTUNITIES AND CONSTRAINTS Market Constraints 68 Government Constraints 69 Development Capacity 76 Public Infrastructure 77 Transient Occupancy 80 Energy Conservation 80 Persons with Disabilities 82 CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION 2004 Housing Element Page v City Council Resolution No. 04- 07 SECTION V: DEVELOPMENT POTENTIAL RHNA Allocation 85 Land Inventory 86 Secondary Dwellings 88 Special Needs Allocation 93 SECTION VI: PERFORMANCE ASSESSMENT Past Performance 95 Goal Attainment 103 Program Ramifications 105 Resource Inventory 108 Alternative Approaches 113 LIST OF TABLES TABLE 1: HISTORICAL POPULATION GROWTH 47 TABLE 2: POPULATION ATTRIBUTES 47 TABLE 3: AGE GROUPINGS 48 TABLE 4: ETHIC COMPOSITION 48 TABLE 5: HOUSEHOLD COMPOSITION 49 TABLE 6: POPULATION DISTRIBUTION 49 TABLE 7: ETHNICITY AND HOUSEHOLD SIZE 49 TABLE 8: AGE AND TENURE PROFILE 50 TABLE 9: HISTORICAL HOUSING GROWTH 50 TABLE 10: HOUSING PROFILE 51 TABLE 11: DWELLING PROFILE 51 TABLE 12: TENURE PROFILE 51 TABLE 13: HOUSEHOLD SIZE 52 TABLE 14: HOUSEHOLD PROFILE 52 TABLE 15: INCOME DISTRIBUTION 52 TABLE 16: INCOME AND ETHNIC PROFILE 53 TABLE 17: INCOME AND TENURE PROFILE 53 TABLE 18: EMPLOYMENT RATE 53 TABLE 19: JOB PROFILE 54 TABLE 20: WAGE PROFILE 54 TABLE 21: HOUSING COST PROFILE 56 TABLE 22: FOR SALE HOUSING PRICES 56 TABLE 23: RENTAL RATES 57 TABLE 24: DEFINITION OF TERMS 57 TABLE 25: RENTAL HOUSING ANALYSIS 58 TABLE 26: FOR SALE HOUSING ANALYSIS 58 TABLE 27: INDICATORS OF NEED 59 CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION 2004 Housing Element Page vi City Council Resolution No. 04- 07 TABLE 28: HOUSING CONDITIONS SURVEY 59 TABLE 29: LEAD BASED PAINT HAZARD 61 TABLE 30: JOBS – HOUSING RATIO 61 TABLE 31: COMMUTE PATTERNS 62 TABLE 32: MARKET AREA EMPLOYMENT 62 TABLE 33: HOUSING INVENTORY MATCH 63 TABLE 34: SPECIAL NEEDS POPULATION 64 TABLE 35: PERMIT REQUIREMENTS 69 TABLE 36: PERMIT PROCESS 70 TABLE 37: DEVELOPMENT FEES 71 TABLE 38: ZONING STANDARDS 73 TABLE 39: LAND USE INTENSITY 74 TABLE 40: POPULATION AND HOUSING DENSITY 76 TABLE 41: DENSITY FEASIBILITY ANALYSIS 76 TABLE 42: DEVELOPMENT CAPACITY 77 TABLE 43: DISABLED POPULATION 82 TABLE 44: RHNA GOAL SUMMARY 85 TABLE 45: 2001- 2003 NEW CONSTRUCTION 85 TABLE 46: 2001- 2008 RHNA GOALS 86 TABLE 47: POTENTIAL NEW DEVELOPMENT 86 TABLE 48: SECOND DWELLING POTENTIAL 88 TABLE 49: SITE ASSESSMENT SUMMARY 90 TABLE 50: DETAILED LAND INVENTORY 91 TABLE 51: LAND USE ALLOCATION 94 TABLE 52: 1993- 2001 HOUSING PROGRAMS 95 TABLE 53: GOAL ALLOCATION 104 TABLE 54: 1993- 2001 PERFORMANCE SUMMARY 104 TABLE 55: HOUSING ANALYSIS SUMMARY 105 TABLE 56: REGIONAL HOUSING POLICIES 107 TABLE 57: STATE FUNDING PROGRAMS 110 LIST OF FIGURES FIGURE 1: HOUSING CONDITIONS SURVEY 60 FIGURE 2: ZONING DESIGNATIONS 72 FIGURE 3: RESIDENTIAL DENSITY 75 FIGURE 4: DEVELOPMENT CAPACITY 77 FIGURE 5: DEVELOPMENT POTENTIAL 87 FIGURE 6: DEVELOPMENT CONSTRAINTS 88 FIGURE 7: KEY DEVELOPMENT SITES 89 BIBLIOGRAPHY 114 CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION 2004 Housing Element Page 1 City Council Resolution No. 04- 07 CITY OF BUELLTON – HOUSING ELEMENT PART ONE: HOUSING GOALS, PROGRAMS, POLICIES AND QUANTIFIED OBJECTIVES SECTION I: INTRODUCTION Community Context: The City of Buellton is a California central coast community of 4,213 persons located on US Highway 101 in the Santa Ynez Valley of Santa Barbara County, approximately mid- way between Santa Barbara and Santa Maria. The City is predominately residential community contained within 1.6 square miles and surrounded by equestrian ranches, farms, vineyards and wineries. In the eight- year planning period following adoption of its original Housing Element in 1993, Buellton experienced a growth of 10% in housing and 15% in population. Comparatively speaking, Buellton rate of growth was second only to Santa Maria of all jurisdictions in Santa Barbara County. On the other hand, the actual numeric increase ranked third next to Guadalupe and Carpinteria in the least amount of population and housing gain of all municipalities. This anomaly underscores the inherent limitation of statistical reporting; the lower the numeric base, the more dramatic the percentage change. Figure 1: Community Orientation CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION 2004 Housing Element Page 2 City Council Resolution No. 04- 07 Statutory Overview: Obligations of the City to provide affordable housing are embod-ied in two broad areas of law: ( 1) California Land Use Law applicable to all local gov-ernment; and ( 2) the Community Redevelopment Act applicable to all redevelopment agencies. Principal requirements of California Land Use Law include: adoption of Housing Elements as part of each community’s General Plan; production and replace-ment of affordable housing within the California Coastal Zone; and inducements to pro-vide affordable housing through density bonuses and secondary dwellings. Principal re-quirements of the Community Redevelopment Act include: production and replacement of affordable housing within redevelopment project areas; dedication of tax increment revenue to finance affordable housing; and adoption of Implementation Plans to evi-dence housing compliance. Among other recommended actions, this Housing Element specifically anticipates revisions to the Buellton Improvement Project Redevelopment Plan and 5- Year Implementation Plan to fully integrate all of the City’s affordable hous-ing policies and programs. Housing Element Requirements: Housing Element law is codified in Article 10.6 of the California Government Code commencing with Section 65580. Under these stat-utes, all communities in California are required to have a Housing Element as part of their adopted General Plan. Furthermore, these Elements are to be updated every five years. Buellton’s original Housing Element was adopted on November 17, 1993, along with the City’s first General Plan. Under recent legislative amendments, the City is re-quired to update its Housing Element by December 31, 2003, reflecting an eight- year planning horizon from 2001 to 2008. In summary, the Housing Element is required to contain: ( i) an assessment of housing needs and an inventory of resources and con-straints relevant to the meeting of these needs; ( ii) a statement of the community’s goals, quantified objectives, and policies relative to the maintenance, preservation, im-provement, and development of housing; and ( iii) a program that sets forth a five- year schedule of actions the local government is undertaking or intends to undertake to im-plement the policies and achieve the goals and objectives of the housing element. Ta-ble 1 correlates the Sections of the Housing Element to corresponding subdivisions set forth in Section 65583 of the California Government Code. TABLE 1: COMPLI-ANCE SUMMARY STATUTORY CROSS- REFERENCE Government Code Section Description of Statutory Requirements Set Forth in the California Government Code Housing Ele-ment Section 65583( a) An assessment of housing needs and an inventory of resources and constraints relevant to the meeting of these needs. Part Two, Sec-tion III 65583( a)( 1) An analysis of population and employment trends and documentation of projections and a quantification of the locality's existing and projected housing needs for all income levels. These existing and projected needs shall include the locality's share of the regional housing need. Part Two, Sec-tions III, IV and V CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION 2004 Housing Element Page 3 City Council Resolution No. 04- 07 TABLE 1: ( Continued) STATUTORY CROSS- REFERENCE Government Code Section Description of Statutory Requirements Set Forth in the California Government Code Housing Ele-ment Section 65583( a)( 2) An analysis and documentation of household character-istics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition. Part Two, Sec-tions II and III 65583( a)( 3) An inventory of land suitable for residential develop-ment, including vacant sites and sites having potential for redevelopment, and an analysis of the relationship of zoning and public facilities and services to these sites. Part Two, Sec-tion V 65583( a)( 4) An analysis of potential and actual governmental con-straints upon the maintenance, improvement, or devel-opment of housing for all income levels and for persons with disabilities as identified in the analysis, including and use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit proce-dures. The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the lo-cality from meeting its share of the regional housing need. Part Two, Sec-tion IV 65583( a)( 5) An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or de-velopment of housing for all income levels, including the availability of financing, the price of land, and the cost of construction. Part Two, Sec-tion IV 65583( a)( 6) An analysis of any special housing needs, such as those of the elderly, persons with disabilities, large families, farmworkers, families with female heads of households, and families and persons in need of emergency shelter. Part Two, Sec-tion III 65583( a)( 7) An analysis of opportunities for energy conservation with respect to residential development. Part Two, Sec-tion IV 65583( a)( 8) An analysis of existing assisted housing developments that are eligible to change from low income housing uses during the next 10 years due to termination of sub-sidy contracts, mortgage prepayment, or expiration of restrictions on use. Part Two, Sec-tion III 65583( b)( 1) A statement of the community's goals, quantified objec-tives, and policies relative to the maintenance, preserva-tion, improvement, and development of housing. Part One, Sec-tions III – IX CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION 2004 Housing Element Page 4 City Council Resolution No. 04- 07 TABLE 1: ( Continued) STATUTORY CROSS- REFERENCE Government Code Section Description of Statutory Requirements Set Forth in the California Government Code Housing Ele-ment Section 65583( c) A program which sets forth a five- year schedule of ac-tions the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element. Part One, Sec-tion IX 65583( c)( 1)( A) Identify adequate sites which will be made available through appropriate zoning and development standards and with services and facilities, including sewage collec-tion and treatment, domestic water supply, and septic tanks and wells, needed to facilitate and encourage the development of a variety of types of housing for all in-come levels, including multifamily rental housing, fac-tory- built housing, mobilehomes, housing for agricultural employees, emergency shelters, and transitional hous-ing in order to meet the community's housing goals. Part Two, Sec-tions II and III 65583( c)( 2) Assist in the development of adequate housing to meet the needs of low- and moderate- income households. Part One, Sec-tions III and IV 65583( c)( 3) Address and, where appropriate and legally possible, remove governmental 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, or provide reasonable accommodations for housing designed for, intended for occupancy by, or with suppor-tive services for, persons with disabilities. Part One, Sec-tion VII 65583( c)( 4) Conserve and improve the condition of the existing af-fordable housing stock, which may include addressing ways to mitigate the loss of dwelling units demolished by public or private action. Part One, Sec-tion VI 65583( c)( 5) Promote housing opportunities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability. Part One, Sec-tion VII 65583( c)( 6)( A) Preserve for lower income households the assisted housing developments. Part One, Sec-tion VIII 65583( c)( 6)( B) An identification of the agencies and officials responsible for the implementation of the various actions and the means by which consistency will be achieved with other general plan elements and community goals. Part One, Sec-tions II, III and IX 65583( c)( 6)( B) The local government shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the housing ele-ment, and the program shall describe this effort. Part One, Sec-tion I CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION 2004 Housing Element Page 5 City Council Resolution No. 04- 07 Adoption Timeline: For Buellton, the process of updating its Housing Element for the current planning cycle began with the endorsement of a three- part Affordable Housing Strategy in October 2001. A near- term component of this strategy was the adoption of an Affordable Housing Ordinance (“ AHO”) that embodies inclusionary zoning, replace-ment housing and density bonuses provisions. Adoption of this Ordinance occurred in September 2002 and was specifically designed as an interim step leading to adoption and implementation of the updated Housing Element. This action was followed by a se-ries of Planning Commission and City Council workshop presentations at which time various Housing Element background reports were presented for information and dis-cussion. The process was subsequently interrupted as the result of litigation filed against the City, challenging, among other things, the adequacy of the City’s previous Housing Element ( Garcia v. City of Buellton, et. al., United States District Court, Central District of California Case No. CV 02- 4994- WMB). Proceedings to adopt the updated Housing Element were suspended pending settlement of the case that was formally reached and memorialized in an agreement dated December 6, 2003. Update Process: The Housing Element update is focused on issues identified by the California Department of Housing and Community Development in their earlier review of the City’s 1993 Housing Element: ( i) identifying adequate sites to satisfy the City’s fair share allocation of regional housing needs; ( ii) assessing housing needs possessed by special population segments; and ( iii) evaluating past accomplishments while tailoring programs to meet identified needs. For sake of consistency, the format of the updated Housing Element follows the current General Plan layout; that is, a definitive policy document ( Part One) accompanied by a technical appendix ( Part Two). As mentioned, Preliminary Analysis and Program Development reports were released as a precursor to a Housing Plan. The earlier reports are embodied in Part Two and provide the technical backbone to formulating goals, programs, policies and actions for the future. A Housing Plan was subsequently released in October 2003 and serves as the centerpiece of goals, programs, policies and actions that follow in Sections III to IX. Public Participation: The California Government Code expressly requires that diligent efforts be made to engage the public in the process of preparing and adopting Housing Elements. Preparatory to drafting this updated document, a series of special presenta-tions and workshops were conducted with the Planning Commission and City Council at which time Preliminary and Program Development reports were released for public re-view. These sessions were widely noticed as indicated in Table 2, and engendered comments from a variety of attendees; most notably, the California Rural Legal Assis-tance, Santa Barbara County Housing Authority, People Helping People, Home Builders Association of the Central Coast, and various private citizens. These sessions were supplemented with a number of informal, one- on- one meetings with these same organi-zations. This updated Housing Element has been drafted in consideration of this early outreach, along with direction furnished by the Planning Commission and City Council. Noticed public hearings were subsequently conducted by the Planning Commission and City Council in the time and manner stipulated in Sections 65352, 65353, 65355 and 65589.7 of the California Government Code. Following receipt of testimony from these CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION 2004 Housing Element Page 6 City Council Resolution No. 04- 07 hearings, together with comments received from the California Department of Housing and Community Development (“ HCD”), the Element was adopted on June 10, 2004. The final adopted version of the Housing Element expressly incorporates all revisions required by HCD in order to find consistency with State Housing Element law. TABLE 2: NOTICE MAILING LIST PERSONS AND ORGANIZATIONS 1* California Rural Legal Assistance, Inc. Attn: Jeannie A. Barrett 2050 South Broadway, Suite G Santa Maria, CA 93454 2 Com. Church of Santa Ynez Valley 240 East Highway 246, Buellton, CA 93427 ( 805) 688- 2012 1 People’s Self- Help Housing Corporation Attn: Karen Seabury 26 East Victoria Street Santa Barbara, CA 93101 2 Valley Vineyard Christian 371 Avenue Of The Flags Buellton, CA 93427 1* Home Builders Association Attn: Jerry Bunin P. O. Box 13010 2078 Parker Street, Suite 210 San Luis Obispo, CA 93406- 3010 2 Divine Mercy Inc. Prophecy & God's Faithfulness P. O. Box 948 Buellton, CA 93427 1 Housing Authority of the County of Santa Barbara Attn: John Polanskey 815 West Ocean Avenue Lompoc, CA 93436- 6526 2 Word of Grace Christian Center 1509 W. Ocean Way Lompoc, CA 93436 1* Santa Ynez Valley People Helping Peo-ple Attn: Dean A. Palius 545 North Alisal Road, Suite 102 Solvang, CA 93463 2* Santa Barb. County Assoc. of Govts. Attn: Brian Bresolin 260 N. San Antonio Road, Suite B Santa Barbara, CA 93110 1 Santa Barbara Community Housing Corporation 11 E. Haley Street Santa Barbara, CA 93101 3 Joyce “ Crippa” Kaiserlain P. O. Box 1020 Buellton, CA 93427 * Denotes parties to whom workshop materials were furnished. City Council Workshop on 5/ 8/ 03 Notice was published in a non- legal section of the Santa Ynez newspaper, posted at various locations with City Council Agenda and mailed to all parties listed as “ 1.” Notification was performed by City Planning staff; publication and mailing occurred a minimum of 10 days prior to the meeting date; notices were posted as part of normal CC Agenda ( 7 days prior to meeting date). Planning Commission Workshop on 7/ 17/ 03 Notice was posted at various locations with Planning Commission Agenda and mailed to all parties listed as “ 1” and “ 2.” Notification was performed by City Planning staff; notices were mailed 10 days prior to the meeting date; notices were posted as part of normal PC Agenda ( 7 days prior to meeting date). Planning Commission Workshop on 8/ 7/ 03 & City Council Workshop on 8/ 14/ 03 Notice was posted at various locations with Planning Commission & City Council Agendas and mailed to all parties listed as “ 1” and “ 2.” Notification was performed by City Planning staff; notices were mailed 10 days prior to the meeting date; notices were posted as part of normal PC Agenda ( 7 days prior to meeting date). A display advertisement in a non- legal section of the Santa Ynez Newspaper was also published a minimum of 10 days prior to the first Workshop. CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION 2004 Housing Element Page 7 City Council Resolution No. 04- 07 Relationship to Other General Plan Elements: General Plan law requires that all component elements, whether mandatory or optional, must be consistent with one an-other. Moreover, no one element has priority over the other and all implementing ac-tions that follow must be found in conformance with General Plan policies. As noted in Section II, there is a potential disparity between the City’s theoretical development po-tential, environmental carrying capacity and land use designations necessary to ac-commodate the City’s proportionate share of regional housing needs. Furthermore, as also noted in Section II, there are various policy and programmatic options embodied within the Housing Element that are expressly deferred for further study; most notably, the selection of Key Development Sites, establishment of base densities and percent of inclusionary housing in regard to a new Affordable Housing Overlay Zone. In order to achieve internal consistency and provide the policy and regulatory means by which im-plement identified programs, the Housing Element specifically provides for an update of the overall General Plan with the expressed goal of providing adequate sites, suitably zoned to accommodate its regional share of new housing. CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION 2004 Housing Element Page 8 City Council Resolution No. 04- 07 SECTION II: POLICY CONTEXT Information Sources: The U. S. Department of Commerce, Bureau of the Census, provides the primary data source for evaluating demographic and housing trends for purposes of the Housing Element. Other principal sources include: ( i) University of Cali-fornia at Santa Barbara, UCSB Economic Forecast Project; ( ii) Santa Barbara County HOME Consortium, 2001- 2005 Consolidated Plan ( and updates); ( iii) City of Buellton, 1993 General Plan, Housing Element and Zoning Ordinance; and ( iv) State of Califor-nia, Departments of Finance, Employment Development and Housing & Community Development. This information is supplemented by interviews with housing advocates, building industry representatives, non- profit organizations and other stakeholders. As earlier noted, the format of the updated Housing Element follows the current General Plan layout; that is, a definitive policy document ( Part One) accompanied by a technical appendix ( Part Two). The information contain in this Section II summarizes pertinent information appearing in Part Two. Income Profile: Under Housing Element law, needs analysis and programming is geared toward three target income groups: very low, lower and moderate. These terms are benchmarked against the median income defined for each of the State’s 58 coun-ties. The upper limit of very low income is pegged at 50% of the area- wide median, lower income is pegged at 80% and moderate income is pegged at 120%. Based on 2000 Census data, target income groups comprise 59% of all households in Buellton with large groupings at each end of the spectrum ( very low income at 25% and upper income at 41%). Comparatively speaking, Buellton’s income distribution falls in the mid-range of jurisdictions in Santa Barbara County. On closer examination, Hispanic and Latino households possess the least income and ( along with a small Asian contingent) are the most susceptible to living in poverty of all ethnic groups. Relative to occupancy, the distribution of owner- occupant households is evenly spread among all income cate-gories while the percentage of renters is inversely proportional to income; that is, the lower the income, the higher the likelihood that such households are renters. Housing Profile: Buellton experienced an increase of 10% in dwelling units in the eight- year period between adoption of its original Housing Element and the beginning of the current planning cycle. While this rate was highest among all County jurisdictions, the actual numeric increase ranked third next to Guadalupe and Carpinteria in the least amount of growth. In terms of housing type and occupancy, Buellton has the highest percentage of owner- occupied housing of any jurisdiction and the lowest percentage of multiple family dwellings. Buellton also has the highest percentage of mobile homes that, due to a predominance of older householders, contributes to the City’s high me-dian age. Also noteworthy is an overall vacancy rate of 3% that falls considerably below an ideal benchmark of 5%. While the growth in multiple family dwellings has outpaced single- family homes, the numeric increase is quite modest. As a consequence, the principal source of rental housing is single- family homes that typically rent at rates higher than for apartments. CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION 2004 Housing Element Page 9 City Council Resolution No. 04- 07 Existing Housing Needs: Housing affordability represents the single biggest obstacle for Buellton residents ( i. e., 39% of all households pay in excess of 30% of their income toward housing). This need is shared equally between owners and renters, while per-sons living in overcrowded or substandard conditions are skewed toward renters ( i. e., approximately 30% for renters and 3% for owners). Independent field surveys along with Census data reveal that between 63 and 133 dwellings are substandard, while as much as 40% of the City’s housing stock may contain lead- based paint. As with other housing needs, the distribution of substandard housing is skewed toward renter-occupied households. The data also suggests an imbalance in jobs and housing ( with the consequence of increased computing) as well as a mismatch in the size of dwellings ( relative to bedroom counts) and households ( relative to number of persons). Finally, disabled, homeless and farmworkers together represent 25% of the City’s total popula-tion while elderly, large families and female- headed households comprise 40% of all households. Future New Construction Requirements: The Regional Housing Needs Allocation (“ RHNA”) process is part of a statewide mandate to address housing issues related to future growth in the State. The needs assessment process sets numeric targets with the overriding goal of assuring an equitable geographic distribution of needs and re-sponsibilities. The numbers are first generated by HCD and then refined by regional planning agencies in cooperation with local government. While the methodology takes into account land use and zoning, the numbers are not necessarily constrained by insti-tutional limits. Indeed, a fundamental purpose of RHNA is to assure that adequate sites and zoning exist to address anticipated housing demand. Consequently, it is not incon-ceivable that housing numbers assigned to a particular jurisdiction exceed its theoretical carrying capacity. The number assigned to the City of Buellton for the current Housing Element cycle is 536, of which roughly 58% is assigned to target income groups. These numbers are roughly twice the amount assigned for the planning period from 1993 to 2001. Opportunities and Constraints: High production costs, coupled with a diminished land base and high external market demand, are the primary constraints to providing affordable housing in Buellton. Comparatively speaking, Buellton has a far less onerous system relative to duration of process. In this regard, the time required to process dis-cretionary land use applications ranges from 6 to 17 months. However, the fees charged by the City exceed the average charged for single- family homes elsewhere in the County, while charges for multi- family construction exceed the median as well as the average. The City’s Zoning Ordinance provides for maximum residential densities ranging from a low of six dwellings per acre to a maximum of 16 units. However, actual build- out has come nowhere close to achieving these densities. The minimum required density to facilitate residential construction is 5, 10 and 25 dwellings per acre for single-family homes, condominiums and apartments, respectively. By comparison, the City’s land use policies cap allowable density below the threshold necessary to stimulate the affordable apartment construction, while the inventory of property zoned for residential use is skewed toward the low end of the range. CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION 2004 Housing Element Page 10 City Council Resolution No. 04- 07 Development Potential: Development capacity is a function of land availability, use designations and environmental thresholds. From a resource standpoint, the City has a build- out potential of 774 dwellings on properties presently zoned for residential and mixed- use. Another 558 dwellings could expand this potential by rezoning properties that do not presently allow housing. The City also has the capacity to accommodate 693 secondary dwellings under current zoning and 184 units additional units by modifying development standards. In total, the City’s inventory of available land can yield be-tween 1,467 units under current zoning and 2,209 units with rezoning. An additional 370 units are presently under construction or entitled for near term development. How-ever, from a regulatory and environmental standpoint, the City’s residual land use ca-pacity is only 176 units. In comparison, the number of units required to achieve RHNA goals could range as high as 2,314 units depending upon the selection of Key Devel-opment Sites for application of an Affordable Housing Overlay Zone, in combination with other housing production programs and policy options ( see Table 3). In summary, the City does have sufficient land resources to achieve forecasted housing needs, but the exact approach is inconclusive without modifying land use policies and conducting fur-ther environmental study to determine the environmentally superior alternative( s). TABLE 3: PROGRAM OP- TARGET INCOME GROUPS TIONS V. Low Low Mod Other Total ALTERNATIVE # 1 Secondary Units 20 20 Multifamily Infill 5 4 3 83 95 Mixed Use 4 3 3 67 77 Housing Production AHOZ Key Sites E, F, I, L, P Base Density 25 du/ ac Inclusionary % 20% Gross Acres 60 100 73 65 1,294 1,532 Inclusionary Inclusionary % Base Density 15% 10 du/ ac 11 9 6 194 220 Under Construction 11 138 149 Entitled Projects 16 12 40 153 221 Total Production 136 101 148 1,929 2,314 Net RHNA Goals 136 98 88 115 437 ( Under)/ Over Goals - 3 60 1,814 1,877 CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION 2004 Housing Element Page 11 City Council Resolution No. 04- 07 TABLE 3: TARGET INCOME GROUPS ( Continued) V. Low Low Mod Other Total ALTERNATIVE # 2 Secondary Dwellings 0 20 20 Multifamily Infill 0 0 0 77 77 Mixed Use 0 0 0 62 62 Housing Production AHOZ Key Sites E, H, I Density 25 du/ ac Inclusionary % 0% Gross Acres 13 13 101 88 326 326 Inclusionary Inclusionary % Base Density 0% 10 du/ ac 0 0 0 517 517 Under Construction 0 149 149 Entitled Projects 0 0 0 221 221 Total Production 137 101 88 1,046 1,372 Net RHNA Goals 136 98 88 115 437 ( Under)/ Over Goals - 3 0 931 935 NOTE: Alternatives # 1 and 2 are not all- inclusive and are shown for illustrative purposes only. Alternative # 1 depicts an “ Inclusionary- Based” approach that produces deed- restricted affordable housing in exchange for density bonuses. Alternative # 2 depicts a “ Density- Based” approach wherein the production of affordable housing arises from higher overall densities without imposition of long- term affordability covenants. Net RHNA goals are computed as: ( i) the gross numbers assigned to Buellton; LESS ( ii) Completed Units. Completed Units consist of: ( i) units reported by the State Department of Finance constituting the difference between numbers for January 1, 2001 and January 1, 2003; and ( ii) units demolished in 2003, occupied by target income groups, and part of a Settlement Agreement resulting from a lawsuit filed against the City ( Garcia v. City of Buellton, et. al., United States District Court, Central District of California Case No. CV 02- 4994- WMB). Units reported as completed by the State Department of Finance pertain to the Meadow Ridge, Sycamore Ranch and Oak Creek single- family subdivisions and are not deemed affordable to target income groups. Under Construction and Entitled Projects will be counted toward RHNA goals in subsequent annual reviews after projects are actually completed and occupied. For the purpose of Alternative # 2, no units Under Con-struction or Entitled are counted toward the targeted income groups ( i. e., very low, low or moderate income). Past Performance: Approximately one- third of the stated objectives within the previ-ous Housing Element have been achieved and need not be continued; approximately one- third have continued relevance and should be retained; and approximately one-third have either not been achieved or require retooling. Overall, the City realized only 9% of its new construction goals for low and very low income households. This shortfall is compounded by a dramatic increase in production goals for low and very low income households in the forthcoming planning cycle. Compared to the previous planning cy-cle, RHNA goals for these particular target households have nearly tripled. Simply stated, there is a clear and convincing need for deeper subsidies, land use incentives and layered funding to make development of affordable housing possible. As a conse-quence, major changes in polices, programs and actions from the previous Housing Element are embodied in the Sections that follow and reflect the principal findings summarized in Table 4. CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION 2004 Housing Element Page 12 City Council Resolution No. 04- 07 TABLE 4: HOUSING ISSUE SUMMARY PROGRAM CONSIDERATIONS Issue Area Observation Ramification Demographics • Increase in children & minorities with decline in elderly translate to higher household sizes. • Housing stock is skewed toward owner occupied single family housing as opposed to rentals. • Inventory of available housing is scarce compared to an ideal va-cancy target of 5%. 1. Need for more housing with emphasis on apartments and larger size units. Economics • Majority of current residents are low & moderate income; could not buy or rent at today’s costs. • Incomes are lowest among mi-norities and special needs popu-lation with scarcest housing. 2. Need to preserve and protect existing housing stock and its affordability. 3. Need to affirmatively further fair housing to assure equal access and prevent discrimination. Affordability • Market rate housing is not af-fordable except for moderate-income rentals and condo pur-chases. • The affordability gap is signifi-cantly larger in the homeowner-ship category as opposed to rentals. • Multiple family rentals require the least subsidization to produce af-fordable units. 4. Need to emphasize multifamily production as means of provid-ing affordable housing. Existing Housing Needs • Affordability constitutes the single biggest need; overall needs are most acute among renters. • Special needs of disabled, home-less and migrant farmworkers re-quire non- traditional responses. 5. Need to foster preservation, im-provement and enlargement of rental units. 6. Need to leverage resources & partner with service providers to address special needs. CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION 2004 Housing Element Page 13 City Council Resolution No. 04- 07 TABLE 4: ( Continued) Issue Area Observation Ramification RHNA Goals • RHNA goals have doubled and are skewed toward the area of least performance – very low in-come. • Housing programs and produc-tion goals are generally driven by development economics. – very low income: public sub-sidization. – lower income: density bonus and secondary dwellings – moderate income: rental pro-duction. 7. Need to adjust land use poli-cies, commit funds and engage directly in the development process to produce very low in-come units. Inventory of Suit-able Sites • There is sufficient capacity to produce a potential of between 1,467 and 2,209 housing units. • RHNA goals and development capacity exceed General Plan thresholds. • Higher densities are needed to stimulate production affordable housing. 8. Need to institute new programs and policies, ensuring that ade-quate sites are available to meet new construction needs. 9. Need to amend General Plan and evaluate program and site selection options relative to en-vironmental consequences. CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION 2004 Housing Element Page 14 City Council Resolution No. 04- 07 SECTION III: ADEQUATE HOUSING SITES A detailed assessment of parcel data, coupled with field surveys, reveals a build- out po-tential of 774 dwellings on properties presently zoned for residential and mixed- use. Another 558 dwellings could expand this potential by rezoning properties that do not presently allow housing. The City also has the capacity to accommodate 877 secon-dary dwellings. Of this sum, 693 can be added to the City’s inventory under current zoning and 184 units could be added by reducing lot size requirements. In sum total, undeveloped, under developed and underutilized and City- owned properties have the potential of producing 2,209 additional units. This future capacity, in combination with 370 units presently permitted or under construction, compares favorably to the new construction RHNA goal of 437 units ( adjusted for completed units between 2001 and 2003). However, only 15 acres of the City’s 197- acre inventory are vacant and immedi-ately available for development. The balance of this acreage is constrained by one or more land use or environmental factors. In addition, total development potential at cur-rent densities does not assure production of housing affordable to persons of low, very low and moderate income. The entire inventory of available land is graphically depicted in Figure 2 and summarized in Table 6. Goal: To provide adequate sites with appropriate zoning, development standards and public infrastructure to facilitate development of the broadest range of housing for all in-come levels and population segments sufficient to attain compliance with the City’s fair share allocation of regional housing needs. Policies: H- 1 The City shall expand the inventory and development capacity of residential property through zoning designations, density bonuses and modification of development standards, and shall discourage the conversion or downzoning of existing land currently designated for residential use. H- 2 The City shall specifically promote mixed- use development within its redevelop-ment district, with particular focus along Avenue of Flags, and shall practice smart growth principals elsewhere by accommodating higher residential densities at locations in proximity to transit, shopping, employment and supporting public services. H- 3 The City shall promote integration of all economic and population segments in each residential project; however, scales of economy and management efficiencies re-quire that certain projects are made exclusive to target groups and such concentration shall not be the sole basis of project denial. H- 4 The City shall institute variable density formulas that give deference to smaller dwelling units in mixed- use development in urban settings and bonuses for larger dwell-ings in single use residential projects with more land area and opportunities for provid-ing family oriented amenities on- site. CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION 2004 Housing Element Page 15 City Council Resolution No. 04- 07 Programs and Actions: Note: All programs involving new or amended ordinances shall be subject to Planning Commission review and recommendation, and final approval by the City Council. 1. General Plan Update. According to the City’s General Plan Environmental Im-pact Report ( certified on November 17, 1993), Buellton has the capacity to accommo-date 2,169 dwellings. By comparison, the City’s current inventory of dwellings com-pleted, under construction and entitled totals 1,993 units. The difference between these numbers ( 176 dwellings) represents the City’s remaining environmental capacity. This number is less than one- half of the City‘ s RHNA goals and is further constrained by ex-isting land use and zoning regulations that limit residential build- out in mixed- use pro-jects to 100 units. Thus, while the City has the theoretical capacity to meet its RHNA goals by virtue of its land inventory, it currently lacks the environmental and regulatory means by which to construct these units today. It is also noted that the City’s theoretical capacity does not take into account densities and zoning standards that make the pro-duction of affordable housing economically feasible. Rather, the programs that follow specifically address this shortfall. In conclusion, development capacity issues, coupled with dated baseline information, give rise to the need for a broader General Plan up-date. a. Land Use Policies. With the expressed goal of providing adequate sites, suitably zoned to accomplish its RHNA goals, the City shall: ( i) undertake a General Plan update following adoption of the Housing Element; ( ii) evaluate the Key Develop-ment Sites as part of the General Plan update and identify the environmentally superior site and program alternatives; ( iii) amend the General Plan as necessary to ensure that adequate sites, suitably zoned, are available to accommodate the City’s RHNA goals for all target income groups ( very low and low in particular); and ( iv) amend the City’s Zon-ing Ordinance to implement the Affordable Housing Overlay Zone (“ AHOZ”; Program 2). Amendment of the General Plan and Zoning Ordinance shall expressly include: ( i) the specific designation of Key Development Sites that will receive an AHOZ; and ( ii) adop-tion of an AHOZ Variable Limit and annual review process as described below. b. AHOZ Variable Limit. The AHOZ Variable Limit shall: ( i) initially be set in conjunction with the General Plan update and concurrent designation of AHOZ sites; and ( ii) correspond to the minimum number of dwellings required to achieve the City’s Net RHNA Goals ( defined in Program 2) taking into account base density, percent of inclusionary housing, distribution of affordable units among target income groups and other housing production programs identified in the Housing Element. Thereafter, the AHOZ Variable Limit ( as well as the inventory of AHOZ designated sites) shall be ad-justed upward or downward ( as the case may be) in connection with annual Housing Element reviews ( Program 21) such that the potential number of dwellings that may be developed for all property with an AHOZ designation, in combination with other housing production programs identified in the Housing Element, is sufficient to meet Net RHNA goals for target income groups. CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION 2004 Housing Element Page 16 City Council Resolution No. 04- 07 Responsible Agency/ Department: Planning Department Timeframe: May 7, 2005 Funding: General Fund Expected Outcome: Amended General Plan Land Use Element and Zoning Ordinance 2. Affordable Housing Overlay Zone. The City shall establish an Affordable Housing Overlay Zone (“ AHOZ”) and designate which Key Development Sites ( identi-fied in Figure 2 and Table 6) shall receive an AHOZ designation. The AHOZ shall en-compass one or a combination of the following sub- designations: ( i) Permissive AHOZ zoning would not require residential development but would permit such use as an al-ternative to the base zoning of designated sites; and ( ii) Restrictive AHOZ zoning would allow multifamily apartment development as the only allowed use of property receiving such designation. All affordable housing requirements within the AHOZ would over- ride all other mixed- use and affordable housing provisions that might otherwise apply to the property. The site selection process and AHOZ Variable Limit shall be accomplished in connection with the General Plan update and annual Housing Element reviews thereaf-ter ( Program 21) and must demonstrate that the sites are sufficient to meet Net RHNA goals for all target income groups ( very low and low income in particular) in combination with policy decisions regarding base density, percent of inclusionary housing, distribu-tion of affordable units among target income groups and other housing production pro-grams identified in the Housing Element. The AHOZ shall: ( i) allow “ stand alone” resi-dential projects irrespective of the underlying zone designation with a minimum base density of 25 units/ acre; ( ii) grant a 2: 1 density bonus ( two market rate units above the base density for each affordable low and very low income unit) up to a maximum com-bined density of 50% above the base; ( iii) impose an inclusionary requirement, mandat-ing that at least 20% of the base density be affordable to very low, low and moderate income households; ( iv) compute the distribution of inclusionary units based on the ap-portionment of net RHNA goals ( a defined and determined below); and ( v) institute a bifurcated land use entitlement process as described below. a. AHOZ Designations. Upon completion of the General Plan update and as part of the Housing Element reviews conducted annually thereafter ( Program 21), the City shall amend its Zoning Map and apply an AHOZ designation to as many Key De-velopment Sites ( identified in Figure 2 and Table 6) as are necessary to meet Net RHNA goals for very low and low income households as follows: ( i) all Key Develop-ment Sites receiving an AHOZ designation shall have ready access to supporting public infrastructure and shall consist of properties free of environmental and land use con-straints or, if constrained by virtue of such factors, can be reasonably mitigated in order to permit the development at the base density; and ( ii) the minimum number of Key De-velopment Sites receiving an AHOZ designation shall be determined on the basis of acreage and base density according to formulas set forth below. CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION 2004 Housing Element Page 17 City Council Resolution No. 04- 07 ( i) Permissive AHOZ. For Key Development Sites where the produc-tion of “ stand alone” residential projects is permissive, the minimum acreage of such sites shall determined by the following formula: [( Net RHNA goals/ base density) x 2] – ( acres of Restrictive AHOZ properties x 2). ( As an example, and for sake of illustration only, Table 7 shows a Net RHNA goal of 234 units for very low and low income house-holds. With a minimum base density of 25 units per acre and 0 acres of Restrictive AHOZ properties, the minimum acreage requirement for Permissive AHOZ properties would be computed as follows: [([ 234/ 25] x 2) – 0 = 19 acres). ( ii) Restrictive AHOZ. For Key Development Sites where the produc-tion of multifamily apartment units is the only allowed use of such property, the minimum acreage of such sites shall determined by the following formula: (( Net RHNA goals/ base density). ( As an example, and for sake of illustration only, Table 7 shows a Net RHNA goal of 234 units for very low and low income households. With a minimum base density of 25 units per acre and 0 acres of Permissive AHOZ properties, the mini-mum acreage requirement for Restrictive AHOZ properties would be computed as fol-lows: [ 234/ 25] – 0 = 10 acres). b. Net RHNA Goals. Net RHNA goals, as used throughout this Housing Element, means 2001- 2008 RHNA allocation for target income groups ( i. e., very low, low and moderate income), less dwelling units completed between the period from January 1, 2001 to June 10, 2004 ( i. e., date of adoption of the updated Housing Ele-ment) as adjusted annually on January 1st and thereafter based on actual construction occurring in the previous 12 months. In no event shall the percentage of very low in-come units be no less than 40% of the total inclusionary units. c. Entitlement Process. Housing developments consisting of: ( i) no more than 25 units per acre ( inclusive of density bonus units) on sites zoned General Com-mercial ( CR) or Residential Multifamily ( RM) may be allowed by Zoning Clearance un-der the jurisdiction of the Planning Director as provided in Sections 19.02.110 and 19.08.100 of the Buellton Municipal Code; ( ii) greater than 25 units per acre ( or do not otherwise qualify for a Zoning Clearance) on sites zoned CR or RM may be allowed by Development Plan approval under the jurisdiction of the Planning Commission as pro-vided in Sections 19.02.110 and 19.08.120 of the Buellton Municipal Code; and ( iii) pro-jects on sites zoned Single Family Residential ( RS), Commercial Service ( CS), Open Space ( OS) and Industrial ( M) may be allowed by Conditional Use Permit approval un-der the jurisdiction of the Planning Commission as provided in Sections 19.02.110 and 19.08.110 of the Buellton Municipal Code. d. Standards of Review. The standards of review and approval of afford-able housing projects under Zoning Clearance, Development Plan and Conditional Use Permit shall be governed by the provisions of Chapter 19.08 of the Buellton Municipal Code subject to the following limitations and exceptions: ( i) the basis of review and ap-proval of projects qualifying for Zoning Clearance shall be the development standards CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION 2004 Housing Element Page 18 City Council Resolution No. 04- 07 ( i. e. building height, lot coverage, setbacks, etc.) of the underlying zone district to which the AHOZ applies; ( ii) all projects shall comply with adopted Design Guidelines of the City, provided such Guidelines are not unreasonably imposed as to render a project in-feasible; ( iii) discretionary authority under a Development Plan or Conditional Use Per-mit shall not be unreasonably exercised to impose standards or criteria for the purpose of rendering infeasible the development of housing for any and all economic segments of the community as prohibited in Section 65913.2 of the California Government Code; and ( iv) all project shall be subject to the requirements of the California Environmental Quality Act ( California Public Resources Code Section 21000 et. seq. and its implement-ing regulations), if applicable, and shall adhere to mitigation measures prescribed in the General Plan and companion Environmental Impact Report, as updated and amended from time to time. Responsible Agency/ Department: Planning Department Timeframe: 2004- 2005 in Conjunction with Current Budg-eted General Plan Update Funding: General Fund Expected Outcome: Amended General Plan Land Use Element and Zoning Ordinance 3. Mixed Use Development. Undeveloped and underutilized property with a Gen-eral Commercial ( CR) designation has the potential of producing 604 new residential dwellings at a base density of 10 units/ acre. How-ever, this potential is artificially constrained by exist-ing regulations that impose a 100- unit limit for mixed-use projects. The development standards applicable to the CR Zone are the most flexible of all zone dis-tricts that allow residential use. It is also noteworthy that roughly one- half of the total residential capacity within the CR Zone consists of property located within the Buellton Improvement Project Redevelopment Area. As such, fostering mixed- use development serves multiple objectives including: ( i) implementa-tion of the land use strategy set forth in the Avenue of Flags Urban Design Plan; ( ii) recycling blighted and underutilized property; ( iii) produc-ing affordable housing by operation of the existing AHO; and ( iv) fostering smart growth and new urbanism principles. Accordingly, the City shall amend its Zoning Ordinance: ( i) replacing the current 100- unit limit for mixed- use projects in the General Commercial CR Zone ( codified at Section 19.02.220. C of the Municipal Code) with a new variable limit (“ CR Variable Limit”); ( ii) modifying current height restrictions ( codified at Section 19.02.220. A of the Municipal Code) allowing an increase in building heights from 35 to 45 feet on a case- by- case basis considering the variable topographic conditions along Avenue of Flags; ( iii) revamping the City’s current off- street parking requirements ( codi-fied at Section 19.04.142), allowing credit for on- street and shared parking for mixed-use projects; and ( iv) revising the current definition of density ( codified at Section TABLE 5: DENSITY EQUIVA-LENTS SMALL UNIT PREFER-ENCE Unit Size Factor Studio 0.65 One bedroom 0.75 Two bedroom 0.85 Three or more bedroom 1.0 CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION 2004 Housing Element Page 19 City Council Resolution No. 04- 07 19.12.020 of the Municipal Code) to adjust for unit sizes based on the equivalent meas-ures set forth in Table 5. The new CR Variable Limit shall initially be set at the maxi-mum development potential of existing undeveloped and underutilized property with a CR designation ( i. e., 604 units). Thereafter, the limit may be adjusted downward in connection with annual Housing Element reviews ( Program 21) so long as the adjusted limit, in combination with other housing production programs identified in the Housing Element, is sufficient to meet Net RHNA goals for target income groups. Responsible Agency/ Department: Planning Department Timeframe: 2004- 2005 in Conjunction with Current Budg-eted General Plan Update Funding: General Fund Expected Outcome: Amended General Plan Land Use Element and Zoning Ordinance 4. Secondary Unit and Multifamily Infill. The City has the capacity to accommo-date 877 new secondary dwellings and 77 multifamily units on existing developed lots. Intensifying the development of under- built properties would provide for more efficient use of a limited land resource while dispersing affordable housing over a larger geo-graphic area. To maximize this potential, the City shall amend its secondary unit zoning development standards ( codified at Section 19.16.020 of the Municipal Code) to reduce minimum lot size requirements from 7,000 square feet to 6,500 square feet. Concur-rently, the City shall amend its entitlement procedures ( codified at Section 19.02.110 of the Municipal Code) to allow infill multifamily dwellings by simple Zoning Clearance. As a complimentary action, the City shall amend its current AHO to: ( i) exempt secondary dwellings from inclusionary requirements; ( ii) provide a 2: 1 density bonus for infill multi-family units up to a maximum increase of 50% above the base density; and ( iii) allow a reduction in development standards for infill multifamily units by discretionary review as an additional density bonus incentive under the current AHO. For secondary dwell-ings, the Ordinance amendments shall specifically target those properties identified as Strategy Area # 1 of the Key Development Sites ( see Figure 2); for multifamily infill, the amendments shall pertain to existing developed properties denoted as Strategy Area # 2. Responsible Agency/ Department: Planning Department Timeframe: 2004- 2005 in Conjunction with Current Budg-eted General Plan Update Funding: General Fund Expected Outcome: Amended Zoning Ordinance 5. Development Capacity Preservation. The City shall amend its existing AHO to discourage the reduction of residential development capacity or otherwise compensate for diminished potential by: ( i) allowing rezoning ( from residential to non- residential) and down zoning ( reduction in densities) subject to payment of in- lieu fees to the Housing Trust Fund; and ( ii) basing the computation of in- lieu fees on an inclusionary require- CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION 2004 Housing Element Page 20 City Council Resolution No. 04- 07 ment of 15%, utilizing the same formulas that are already stipulated in the AHO. In ad-dition, the City shall: ( i) evaluate the economic impact and suitability of residential reuse prior to disposition of any excess land owned by the City or Redevelopment Agency; and ( ii) offer excess land deemed suitable for residential reuse to for- profit and non-profit sponsors for the development of affordable and special needs housing. Finally, the City shall adopt an Interim Ordinance requiring that all discretionary projects involv-ing Key Development Sites ( identified in Figure 2 and Table 6) for which application is filed with the City on or after adoption of the Housing Element be subject to a site-specific analysis of: ( i) the property’s land use and environmental suitability for receiving an AHOZ designation; and ( ii) the potential ramification of allowing development of the property in advance of completing the General Plan Update ( Program 1). The Interim Ordinance shall remain in effect until the General Plan Update is completed; provided, further, that no discretionary project involving a Key Development Site shall be ap-proved where it is demonstrated that the remaining land inventory is insufficient to meet Net RHNA goals for very low and low income in combination with policy decisions re-garding base density, percent of inclusionary housing, distribution of affordable units among target income groups and other housing production programs identified in the Housing Element. Responsible Agency/ Department: Planning Department Timeframe: 2004- 05 for Urgency Ordinance and AHO Amendment; Ongoing for Public Land Disposi-tion Funding: General Fund Expected Outcome: Amended Zoning Ordinance CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION 2004 Housing Element Page 21 City Council Resolution No. 04- 07 TABLE 6: KEY DEVELOP-MENT SITES SITE CAPACITY ANALYSIS SITE SUITABILITY DEVELOPMENT POTENTIAL Key Base Condition Site Current Land Use Development Constraints Infrastructure & Services Zoning Yield AHOZ Potential A Under Utilized Noise, Access & Flooding Available M ( CR) 180 Units 449 Units B Undeveloped & Under Utilized Noise & Hill Slope Available CR 182 Units 454 Units C Undeveloped & Under Utilized Land Use, Noise & Flood-ing Available M & CS ( CR) 156 Units 391 Units D Undeveloped Access & Hill Slope Available RM- 12 & RS- 6 20 Units 53 Units E Undeveloped Noise & Flood-ing Available CR 51 Units 128 Units F Undeveloped Slope Available CR 22 Units 54 Units G Undeveloped Unconstrained Available RS- 6 5 Units 17 Units H Undeveloped Noise Available CR 16 Units 39 Units I Undeveloped Land Use & Noise Available CR & RM- 8 51 Units 159 Units A L K J I G H F E D C B Q O P M N Figure 2: Key Development Sites 1 3 2 1 Candidate Site Strategy Area CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION 2004 Housing Element Page 22 City Council Resolution No. 04- 07 TABLE 6: ( Continued) SITE CAPACITY ANALYSIS SITE SUITABILITY DEVELOPMENT POTENTIAL Key Base Condition Site Current Land Use Development Constraints Infrastructure & Services Zoning Yield AHOZ Potential J Public Property ( Currently De-veloped) Land Use & Noise Available PQP ( CR) 20 Units 50 Units K Undeveloped & Under Utilized Noise & Flood-ing Available CR 20 Units 50 Units L Undeveloped Flooding Available RS- 6 19 Units 70 Units M Undeveloped & Under Utilized Land Use & Flooding Available M & OS ( RM- 8) 159 Units 496 Units N Undeveloped Land Use Available M ( CR) 5 Units 12 Units O Undeveloped & Under Utilized Flooding, Ac-cess, Pending Project & L. Use Available M ( CR & RM- 8) 70 Units 220 Units P Under Utilized ( RV Resort) Flooding & Noise Available CR 128 Units 320 Units Q Undeveloped Flooding & Noise Available CR 121 Units 265 Units SUBTOTAL ( Unadjusted Without Density Bonus) 1,225 3,225 Very Low n. a. 77 271 Inclusionary Computation Low n. a. 57 200 Moderate n. a. 50 174 Base Density - Inclusionary + Bonus Units Other n. a. 1,310 3,522 TOTAL ( Adjusted With Density Bonus) 1,493 4,167 1 Existing Developed Unconstrained Available RS Zone 877 Units n. a. n. a. 2 Under Developed Unconstrained Available RM Zone 77 Units n. a. n. a. 3 Undeveloped & Under Utilized Noise & Flood-ing Available CR 62 Units n. a. n. a. SUBTOTAL ( Unadjusted Without Density Bonus) 1,016 n. a. n. a. Very Low 9 n. a. n. a. Inclusionary Computation Low 6 n. a. n. a. Moderate 883 n. a. n. a. Base Density - Inclusionary + Bonus Units Other 149 n. a. n. a. TOTAL ( Adjusted With Density Bonus) 1,047 n. a. NOTES: 1. See Part Two, Section V for details on each Key Development Site. 2. Black highlighting denotes properties with significant development constraints as to make possible residential construction unlikely. Gray highlighting denotes properties with development constraints that make residential use possible, but problematic. 3. Inclusionary Computations reflect 20% for AHOZ and 15% for Strategy Areas # 2 & 3. All Secondary Dwellings are deemed affordable to moderate income households. DISCLAIMER: The identity and inclusion of Key Development Sites appearing in Figure 2, Table 3 and Table 6 do not authorize construction, grant development rights or otherwise provide requisite zoning to achieve the unit yields listed, nor does their listing presuppose that any or all of the Sites will ultimately receive an AHOZ designation. Until AHOZ designations are made as provided in Programs 1 and 2, the Key Development Sites shall be governed by the underlying zone district in which the Sites are located; provided, further, that projects proposed on these Sites in advance of completing the General Plan Update ( Program 1) may be subject to special processing under the provisions of Program CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION 2004 Housing Element Page 23 City Council Resolution No. 04- 07 TABLE 7: PROGRAM UNIT COUNT BY INCOME GROUPS CAPACITY SUMMARY Very Low Low Moderate Other Total RHNA Goals Gross 129 91 88 228 536 New Construction - 7 - 7 0 113 99 Net 136 98 88 115 437 Target Groups Net RHNA Goals 136 98 88 % Allocation 42% 31% 27% Unit Potential Under Construction 11 138 149 Entitled Projects 16 12 40 153 221 AHOZ Potential 271 200 174 3,522 4,167 Secondary Dwellings 877 877 Multifamily Infill 5 4 3 83 95 Mixed Use 4 3 3 67 77 Total 296 219 1,108 3,963 5,586 Summary Net RHNA Goals 136 98 88 115 437 Unit Potential 296 219 1,108 3,963 5,586 Under/ Over Capacity 160 121 1,020 3,848 5,149 NOTE: See Section V in Part Two for computation of Net RHNA Goals and inventory of units Under Construction and Entitled Projects. Allocation of units Under Construction and Entitled Projects reflects following assignments: ( i) Secon-dary Units – 11 units moderate income; ( ii) McCombs Duplex – 1 unit moderate income; ( iii) Vintage Walk – 3 units very low, 2 units low income and 2 units moderate income; ( iv) Golden Meadows – 1 unit low income; ( v) Country Crossroads – 17 units moderate income; Oak Springs – 13 units very low income, 9 units low income and 8 units moderate income; ( vi) Jesus Tovalin – 2 units moderate income. Totals may very slightly from sum of individual tabulations due to round-ing. CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION 2004 Housing Element Page 24 City Council Resolution No. 04- 07 SECTION IV: AFFORDABLE HOUSING SUPPLY Under Housing Element law, needs analysis and programming is geared toward three target income groups: very low, lower and moderate (“ target groups”). These terms are benchmarked against the median income defined for each of the State’s 58 counties. The upper limit of very low income is pegged at 50% of the area- wide median, lower in-come is pegged at 80% and moderate income is pegged at 120%. Based on economic modeling performed for the updated Housing Element, market rate housing is not af-fordable for target groups except for moderate income rentals and condominiums; in-comes are lowest among minorities and special needs population with the scarcest housing; multifamily rentals require the least subsidization to produce affordable units; and land economics dictate higher overall densities to produce affordable housing. These conditions require that more land be made available for residential development; densities need to be increased to maximize land utilization; and incentives must be pro-vided to offset the requirements for affordable housing. Goal: To provide a continuing supply of affordable housing to meet the needs of exist-ing and future Buellton residents in all income categories. Policies: H- 5 The City shall adopt policies, programs and procedures to facilitate attainment of its allocated share of new construction goals assigned through the Regional Housing Needs Allocation (“ RHNA”) process, with particular emphasis placed on the needs pos-sessed by persons and families of low and very low income. H- 6 The City shall actively seek and formulate partnerships with for- profit and non-profit developers to produce affordable housing, provide reasonable assistance to sup-port and process project applications and utilize authorities of the Redevelopment Agency to achieve development objectives. H- 7 The City shall, on its own or in conjunction with for- profit and non- profit develop-ers, aggressively seek State and Federal funding to support the development of afford-able housing and shall explore local funding alternatives to compliment these efforts. H- 8 The City shall continue to support the Santa Barbara County Housing Authority in the provision of Section 8 rental assistance and shall seek to broaden the program to compliment other affordable housing initiatives ( e. g., secondary dwelling production, project- based tenant assistance, etc.). Programs and Actions: Note: All programs involving new or amended ordinances shall be subject to Planning Commission review and recommendation, and final approval by the City Council. CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION 2004 Housing Element Page 25 City Council Resolution No. 04- 07 6. Inclusionary Housing. The City shall amend its current AHO and broaden the existing 15% inclusionary requirement to encompass all property regardless of zoning. The alternative means for satisfying the inclusionary requirement shall be accomplished by on- site construction, payment of in- lieu fees or equivalent actions prescribed in the AHO. The distribution of inclusionary units among target income groups shall be based on the apportionment of net RHNA goals, subject to the terminology and limitations de-scribed in connection with Program 2. Concurrently, the City shall amend the existing AHO to: ( i) provide a 2: 1 density bonus ( two market rate units above the base density for each affordable low and very low income unit) up to a combined maximum of 50% above the base density for multifamily properties and 25 units/ acre for property zoned General Commercial; ( ii) update State density bonus provisions to reflect recent statu-tory changes for moderate income condominiums and provision of child care facilities; ( iii) compute the distribution of inclusionary units based on the apportionment of net RHNA goals; and ( iv) allow inclusionary units to offset replacement housing require-ments on a 2: 1 basis ( i. e., a reduction of two replacement units for each inclusionary unit) to induce the production of permanent Affordable Housing. In regard to replace-ment housing: ( i) the inclusionary housing offset shall apply only to inclusionary re-quirements that are imposed on the same parcel of record as that on which replacement units also are required; ( ii) the units which are demolished or converted ( and for which the replacement units are required) must not otherwise be governed by affordable hous-ing covenants that impose rent or occupancy restrictions for a minimum of ten years; ( iii) in the event that a demolished or converted unit dwelling is deed restricted with rent or occupancy restrictions for no fewer than ten years, replacement requirements shall be in addition to, and not offset by, inclusionary units; and ( iv) replacement and inclusion-ary housing requirements stipulated under redevelopment law shall govern projects fi-nanced, in whole or in part, by the Redevelopment Agency. Responsible Agency/ Department: Planning Department Timeframe: 2004- 05 Funding: General Fund Expected Outcome: Amended Zoning Ordinance 7. Secondary Dwelling and Infill Inducements. As previously noted, the City has the capacity to accommodate 877 secondary dwellings. However, economic modeling shows that rates of return are insufficient to stimulate production of secondary dwellings units affordable to low and very low income. On the other hand, these units are afford-able to moderate income and rents generally fall within the limits established in connec-tion with the Federal Section 8 Housing Assistance Payments Program (“ HAPP”). To induce production and maximize availability to target groups, the City shall amend its existing AHO to exempt secondary dwellings from inclusionary requirements in ex-change for agreement by property owners to affirmatively market secondary units to in-come qualifying tenants under the Section 8 HAPP. In addition, the City shall seek grant funds and establish a rehabilitation/ construction loan program to help defray de-velopment costs and induce production of secondary units. In exchange for rehabilita-tion/ construction financing, owner/ developers of secondary units shall be obligated to CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION 2004 Housing Element Page 26 City Council Resolution No. 04- 07 affordability covenants for a minimum of 10 years. In specific regard to multifamily infill projects, the City shall develop and implement a financial assistance program, subsidiz-ing multifamily infill projects within the Buellton Improvement Project Redevelopment Area by refunding all tax increment derived from construction of affordable units, less pass through payments to other tax agencies. [ Assuming a modest 1,000 square foot dwelling, the approximate value of this subsidy is $ 20,000 over the remaining life of the Buellton Improvement Project. Based on a discount rate of 5%, the net present value of this subsidy is $ 9,500]. Responsible Agency/ Department: Planning Department Timeframe: 2004- 05 for AHO Amendment; 2005- 2006 for Establishment of Rehabilitation/ Construction Financing Program and Infill Subsidy Program Funding: General Fund for AHO Amendment; State and Federal Grant Programs for Secondary Dwell-ing Rehabilitation/ Construction Program; Tax Increment for Infill Subsidy Program Expected Outcome: Amended Zoning Ordinance and Financial As-sistance Programs 8. Housing Trust Fund. Past performance and recent economic modeling clearly evidence the need for deeper subsidies, land use incentives and layered funding to make development of affordable housing possible. This is particularly true of very low income where the needs are the greatest and the numeric RHNA goals the highest. Local funds alone are insufficient to meet that need. Instead, the City will need to draw upon a variety of existing and potential funding resources available from State, Federal and private sources. Locally, the most significant and immediately available resources include: ( i) Redevelopment Housing Set Aside -- $ 566,217; ( ii) HOME Investment Part-nership Program -- $ 140,000; and ( iii) County Housing Trust Funds -- $ 1,000,000. a. Resource Development. To augment local funding sources, the City shall: ( i) actively pursue grant and loan funding to finance the various housing initiatives listed in the Housing Element; ( ii) work cooperatively with for- profit and non- profit hous-ing sponsors to leverage resources ( e. g., State and Federal tax credits); ( iii) continue participation in the HOME Consortium, support CDBG entitlement designation and ac-tively pursue CDBG funding if successfully designated; and ( iv) evaluate other local funding options and implement if deemed feasible. In specific regard to other local funding sources, the City shall expressly evaluate the following: ( i) adoption of a non-residential linkage development fee; ( ii) imposition of a real estate transfer tax; and ( iii) dedication of transient occupancy taxes. b. Redevelopment Agency. As a complimentary action to updating the Housing Element, the City shall amend the Redevelopment Plan and update the 5- Year Implementation Plan for the Buellton Improvement Project to: ( i) increase the amount of tax increment “ housing set aside” expressly reserved for affordable housing from 20% CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION 2004 Housing Element Page 27 City Council Resolution No. 04- 07 to 25% ( hereinafter referred to as “ Supplemental Housing Set Aside”); ( ii) require that all housing set aside expenditures comply with proportionality requirements and expendi-ture timetables required in redevelopment law; and ( iii) allow the Supplemental Housing Set Aside to be reduced by contributions of local funds, including, for example, General Fund revenues of the City ( but expressly excluding state and federal housing subsidies or funds including, but not limited to, federal HOME or Community Development Block Grant ( CDBG) funds or state or federal Tax Credit funds now or hereinafter available to the City). c. Proportional Expenditures. To align Redevelopment Plan and Housing Element policies, the City shall amend its current AHO, requiring that Housing Trust Funds expenditures be used to assist ( as provided in the Ordinance) housing affordable to very low, low and moderate income households in the same proportion as the Net RHNA housing need for each of income category represents of the total net RHNA need for very low, low and moderate income households. No less than 40% of the Fund shall be used to assist very low income housing over the current ten year implementation pe-riod for the Buellton Improvement Project redevelopment area established and required pursuant to Health and Safety Code § 33413. Responsible Agency/ Department: City Manager Timeframe: 2004- 05 for AHO, Redevelopment Plan and 5- Year Implementation Plan Amendment; 2005 for Fee Studies; Ongoing for Grant Applica-tions and Non- Profit Collaboration Funding: General Fund Expected Outcome: Capitalization of Housing Trust Fund 9. Public- Private Partnerships. The development of affordable housing, particu-larly for very low income households and populations with special needs, generally re-quires collaboration among multiple parties ( e. g., developers, non- profit housing spon-sors, local government, etc.). In this regard, the City’s contribution can take one of a number of forms: ( i) assisting in the review and preparation of concept drawings; ( ii) analyzing development proforma and identifying gap financing; ( iii) fast tracking the en-vironmental review and entitlement permit process; ( iv) utilizing the City’s police powers to provide necessary land use and zoning; ( v) supporting applications submitted to fund-ing agencies; ( vi) providing direct financial or development assistance; and ( vii) employ-ing the Redevelopment Agency to assemble land for development. Recognizing the collaborative nature of affordable housing development, the City shall undertake the fol-lowing: ( i) continue participation in the County HOME Consortium and similar collabora-tive efforts to affirmatively further emergency shelter, transitional housing, single room occupancy units and congregate housing needs outlined in the Consolidated Plan; ( ii) conduct workshops and advise for- profit and non- profit sponsors of Key Development Sites selected for application of an AHOZ; and ( iii) avail itself and offer all reasonable assistance to facilitate the development of affordable housing consistent with the Gen- CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION 2004 Housing Element Page 28 City Council Resolution No. 04- 07 eral Plan and updated Housing Element, with particular emphasis on the needs of very low income target population groups ( e. g., farmworkers, disabled, etc.). Responsible Agency/ Department: City Manager Timeframe: Ongoing Funding: Multiple Sources Expected Outcome: Affordable Housing Projects CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION 2004 Housing Element Page 29 City Council Resolution No. 04- 07 SECTION V: HOUSING IMPEDIMENTS The City’s permit process is codified in Chapter 19.08 of the Buellton Municipal Code and provides for three levels of approval: ( i) ministerial; ( ii) administrative; and ( iii) dis-cretionary. Comparatively speaking, Buellton has a far less onerous system relative to duration of process in comparison to other Santa Barbara jurisdictions while develop-ment standards are similar. Section 19.02.110 of the Buellton Municipal Code lists uses allowed in all residential zone districts. While group quarters and shared- living ar-rangements are not expressly prohibited from the list of allowed uses, neither are they expressly permitted. Relative to development fees, the City charges less than the me-dian but above the average for single- family homes elsewhere in the County; for multi-family construction, Buellton’s fees exceed both benchmarks. Separate and apart from the Zoning Ordinance, the City is subject to the State Uniform Building Code (“ UBC”) that establishes minimum standards for all classes of construction. State law also stipu-lates that all newly constructed residential buildings consisting of four or more dwelling units must be designed and constructed in a manner that allows access to, and use by, disabled persons. This requirement does not require that physical changes be made at the time of construction; rather, only that the units are designed to accommodate adap-tive retrofit at a later date. Goal: To remove impediments to the provision of affordable housing and provide ac-commodations for persons with disabilities. Policies: H- 9 The City shall accommodate the full spectrum of housing types in its land use regulations including, but not limited to, mixed- use developments, high density projects, rental and co- op housing, secondary dwellings, in- fill development and special needs housing ( i. e., SROs, group homes and congregate living). H- 10 The City shall periodically evaluate and adjust its regulations, ordinances and development fees to ensure that they do not unduly constrain housing production; new regulatory proposals shall be evaluated for compliance with this policy in advance of adoption. H- 11 The City shall encourage the construction or conversion of emergency shelters, transitional housing and single room occupancy units to meet the needs of the home-less population and shall likewise facilitate development of group homes, congregate care and independent living units for persons with disabilities. H- 12 The City shall facilitate development of farm employee housing for up to 12 per-sons on agriculturally zoned land as a matter of right and by conditional use elsewhere in the City, and shall accommodate group living for up to six persons in all residential zones as a matter of right subject to development standards reasonably established. CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION 2004 Housing Element Page 30 City Council Resolution No. 04- 07 Programs and Actions: Note: All programs involving new or amended ordinances shall be subject to Planning Commission review and recommendation, and final approval by the City Council. 10. Land Use Modifications. The City shall amend its existing use regulations ( codified at Sections 19.02.110 and 19.02.210 of the Municipal Code) to: ( i) include shared living arrangements as allowed residential uses, with specific references to sup-ported living ( including In- Home Supportive Services) and licensed community care fa-cilities; ( ii) acknowledge that occupants are permitted without regard to familial status, disability or other population segment stipulated in Fair Housing statutes ( e. g., individu-als with Alzheimer’s, AIDS/ HIV, and homeless); ( iii) expressly allow emergency shel-ters, transitional housing, single room occupancy units, farmworker housing and con-gregate care facilities as allowed uses in all zone districts subject to Conditional Use Permit; ( iv) clarify that the development standards for projects requiring a Conditional Use Permit shall be those development standards of the underlying zone district where the project is located, provided, however, that such development standards may be modified or waived by Development Plan ( as provided in Section 19.08.120. G. 1); and ( v) reiterate that no project shall be denied nor shall any condition be imposed on a pro-ject over which the City has discretionary approval ( as codified in Chapter 19.08) with regard to familial status, disability or other population segment stipu-lated in Fair Housing statutes ( e. g., individuals with Alzheimer’s, AIDS/ HIV, and homeless). Concur-rently, the City shall amend its Zoning Ordinance im-plementing the provisions of Health & Safety Code Sections 17021.5 and 17021.6: ( i) affirming agricul-tural employee housing serving six or fewer persons as an allowed use “ by right” ( e. g., Zoning Clearance) within residential zone districts; ( ii) allowing em-ployee housing serving 12 or fewer employees per-sons as an allowed use “ by right” within agricultural zone districts; ( iii) clarifying that persons having the right to occupy employee housing shall be restricted to individuals engaged in agricultural occupations consistent with the standards and limitations pre-scribed in the Employee Housing Act and its implementing regulations; and ( iv) estab-lishing development standards, including parking, reasonably established for the zone district in which the employee housing is developed or otherwise occupied. In addition, the City shall amend the current definition of density ( codified at Section 19.12.020 of the Municipal Code) to adjust for unit sizes in “ stand alone” residential projects based on the equivalent measures set forth in Table 8. Responsible Agency/ Department: Planning Department Timeframe: 2004- 05 Funding: General Fund Expected Outcome: Amended Zoning Ordinance TABLE 8: DENSITY EQUIVALENTS LARGE UNIT PREFERENCE Unit Size Factor Studio 1.0 One bedroom 0.85 Two bedroom 0.75 Three or more bed-room 0.65 CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION 2004 Housing Element Page 31 City Council Resolution No. 04- 07 11. Development Constraints. The sites identified for potential residential devel-opment and shown in Figure 2 fall within one of three land use designations: ( i) Resi-dential Multifamily; ( ii) General Commercial; and ( iii) AHOZ. As proposed, development standards within the AHOZ are open- ended and provide the most flexibility. Of the zone districts that presently exist, the CR General Commercial district is the least restrictive. Within Residential Multifamily Zones, development standards are more traditional and may require modification in order to achieve infill affordable housing objectives. As pre-viously noted, the City’s current development fees for multifamily residential exceed both the average and median compared to other jurisdictions in the County. Accord-ingly, the following actions shall be taken: ( i) the City, in consultation with the Home Builders Association of the Central Coast, shall undertake a study of the multifamily zone district with the specific objective of determining the necessity and appropriate-ness of modifying relevant development standards ( including Community Design Guide-lines) to maximize the build- out of multifamily properties at base densities with allow-ance for bonus units; and ( ii) the City shall evaluate modification of development fees in conjunction with the City’s forthcoming General Plan update and determine the financial feasibility of waiving fees for affordable units and reapportioning the difference among all other development categories. Responsible Agency/ Department: Planning Department Timeframe: 2005- 06 Funding: General Fund Expected Outcome: Amended Zoning Ordinance and Modified De-velopment Fees 12. Special Needs Housing. As a member of the Santa Barbara County HOME Consortium, the City actively supports the County in administering a Continuum of Care Homeless Assistance Program. In addition, the City provides financial assistance to Santa Ynez Valley People Helping People in furnishing food and emergency services to Buellton residents. Information regarding services to assist homeless persons is rou-tinely provided by the City as appropriate. Persons needing such services are typically referred to the County Sheriff ( which administers a fund for food, gas and emergency shelter) or to People Helping People ( which administers various social services). A substation of the County Sheriff is located adjacent to City Hall and People Helping People operate in nearby Solvang. According to People Helping People, the needs specific to the Santa Ynez Valley include: ( i) Emergency Shelter Needs: 50- 60 nights/ year ( residential motels serve as a common temporary source); ( ii) Transitional Needs: 4- 6 year round units, each client typically requiring a 90- 120 day ( clients primar-ily involve families, translating to a need for 4 two bedrooms; 2 three bedrooms); and ( iii) Developmentally Disabled: 6- 10 units for developmentally disabled adults, including both assisted and independent living, evenly divided bedroom sizes. To address these needs, the City shall: ( i) continue its involvement and support of the Consortium of Care and People Helping People Homeless Programs; ( ii) continue to disseminate informa-tion on services and resources; ( iii) evaluate amnesty provisions for utilizing motels for CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION 2004 Housing Element Page 32 City Council Resolution No. 04- 07 limited residential purposes ( see Program 15); ( iv) amend its existing AHO and exempt special needs housing from inclusionary requirements. Responsible Agency/ Department: City Manager Timeframe: 2004- 05 for AHO Amendment; 2005 for Resi-dential Motel Amnesty Program; and Ongoing for Balance of Services Funding: General Fund Expected Outcome: Amended Zoning Ordinance 13. Persons with Disabilities. The Fair Employment and Housing Act prohibits dis-crimination in all aspects of housing ( rental, lease, terms and conditions, etc.) because of a person’s disability. Disability is defined as: ( i) physical or mental impairment that limits one or more of a person's major life activities; or ( ii) a record of having, or being perceived as having, a physical or mental impairment. It does not include current illegal use of, or addiction to, a controlled substance ( as defined by Section 102 of the Federal Controlled Substance Act, 21 U. S. C. Sec. 802). Persons with disabilities have the right to use the services of a guide, signal or service dog or other such designated animal and to keep such animals in or around their dwellings. At the request of a person with a disability ( or by someone acting on behalf of such person with his or her written con-sent), a housing provider must make reasonable accommodations in rules, policies, practices or services when these accommodations may be necessary to afford a dis-abled person equal opportunity to use and enjoy a dwelling. A housing provider must allow a person with a disability ( at the tenant’s expense or at the expense of someone acting on behalf of such person with his or her written consent) to reasonably modify existing premises if the modifications are necessary to afford the disabled person full enjoyment of the premises. In furtherance of these rights, the City shall modify its exist-ing AHO and Zoning Ordinance to: ( i) incorporate Fair Employment and Housing Act provisions into each Affordable Housing Agreement governed by the AHO; ( ii) give pri-ority to disabled persons ( second only to displaced persons) in occupying affordable units governed by the AHO; and ( iii) institute a new abbreviated variance procedure, expressly designed to accommodate adaptive retrofit requests ( e. g., discretionary au-thority vested with the Planning Director under a Development Plan procedure employ-ing a processing fee no greater than the amount charged for a Minor Use Permit with findings tailored to the circumstances particular to the occupant or use of the premises rather than physical features particular to the property). In addition, the City shall: ( i) disseminate information on the rights of the disabled as part of the Information and Re-ferral Program listed under Equal Housing Opportunity; and ( ii) seek grant funds and establish an adaptive retrofit program to underwrite the expense of modifying dwellings to accommodate the needs of persons with disabilities. Responsible Agency/ Department: Planning Department Timeframe: 2005 CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION 2004 Housing Element Page 33 City Council Resolution No. 04- 07 Funding: General Fund for AHO, Zoning Ordinance Amendment and Information Dissemination; State and Federal Grants for Adaptive Retrofit Program ( e. g., HOME Funds) Expected Outcome: Amended Zoning Ordinance and Adaptive Ret-rofit Program CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION 2004 Housing Element Page 34 City Council Resolution No. 04- 07 SECTION VI: CONSERVATION AND REHABILITATION Target groups comprise approximately 59% of all households in Buellton. Of these households, approximately 39% pay in excess of 30% of their income toward housing. This translates to an overall affordability gap of 23%. For new residents, the affordability gap is roughly double the rate endured by current residents. This disparity underscores the need to preserve existing affordable housing; in particular, mobile ( and manufactured) homes that account for 28% of the City’s total housing stock. This need is shared equally between owners and renters, while persons living in overcrowded or substandard conditions are skewed toward renters ( i. e., approximately 30% for renters and 3% for owners). In specific regard to housing conditions, independent field surveys along with 2000 Census data reveal that between 63 and 133 dwellings are substan-dard, while as much as 40% of the City’s housing stock may contain lead- based paint. As with other housing needs, the distribution of substandard housing is skewed toward renter- occupied households. The data also reveals a mismatch in the size of dwellings ( relative to bedroom counts) and households ( relative to number of persons). Goal: To conserve and rehabilitate the City's current stock of affordable housing. Policies: H- 13 The City shall promote the cooperative repair, rehabilitation and improvement of mobile homes and residential structures that are substandard or in disrepair; blighted conditions and unsafe structures shall be abated and tenants shall be afforded protec-tions in the event of their displacement. H- 14 The City shall require replacement of dwellings that are occupied by, and afford-able to, target income groups and removed from the housing inventory due to demoli-tion or conversion; exceptions shall be granted for owner- occupied dwellings, properties undergoing public nuisance abatement and non- conforming uses. H- 15 The City shall allow dwellings to be rehabilitated that do not meet current lot size requirements, building setbacks or other development standards, so long as the non-conformity is not increased and there is no threat to public health or safety; the City may consider amnesty for non- conforming uses in exchange for affordable housing. H- 16 The City shall encourage energy efficient construction in all new and rehabilitated dwelling units in compliance with the State Building Code; new land use patterns result-ing from annexation shall encourage energy efficiency; solar access for existing devel-opment shall be protected and provided in new development, to the extent feasible. Programs and Actions: Note: All programs involving new or amended ordinances shall be subject to Planning Commission review and recommendation, and final approval by the City Council. CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION 2004 Housing Element Page 35 City Council Resolution No. 04- 07 14. Property Rehabilitation. Field surveys conducted at the end of 2002 suggest that the City’s overall housing rehabilitation needs are modest. Less than 5% of the City’s housing was deemed substandard. Most of this housing is occupied by renters, presumably by persons of low and moderate income. At present, the City provides fi-nancial assistance to People Helping People in underwriting the expense of making emergency repairs to mobile homes within Buellton ( representing approximately 25% of the City’s total housing inventory). According to on- site resident managers, approxi-mately 16 manufactured homes are currently in need of repair. In response to these needs, the City shall: ( i) continue its financial support of the mobile home repair pro-gram; ( ii) evaluate expansion of emergency repair assistance to encompass low and very low income single family owner occupants, adaptive retrofit needs of disabled per-sons and inclusion of energy conservation features; ( iii) conduct a focused outreach to owners of substandard rental property to identify interest/ willingness to engage in coop-erative rehabilitation; ( iv) establish a budget and seek grant funds to underwrite these endeavors; and ( v) prioritize funds according to the severity of need and link affordable housing covenants to the amount of funds required. Responsible Agency/ Department: City Manager Timeframe: Ongoing for Emergency Mobile Home Repair Program; 2005- 2006 for Program Expansion to Owner Occupants and Rental Properties Funding: General Fund, Tax Increment and State Grant Funds Expected Outcome: Emergency Repairs and Rehabilitation of 15. Code Enforcement. As previously noted, less than 5% of the City’s housing is deemed substandard. However, nearly half of the substandard units are classified as dilapidated or functionally obsolete and all of these units are renter occupied. Observed conditions may be so severe as to result in demolition or removal should the City pro-ceed with enforcement action. Apart from substandard conditions, tenants are also sub-ject to displacement resulting from conversion of use. Since 1993, a total of 18 dwell-ings have been removed from the City’s housing inventory by reason of change or ex-pansion of use; an undeterminable number of occupants may have been renters of tar-get income groups. In addition to residential units whose continued use may be in jeopardy, there are an underdetermined number of motel rooms ( concentrated in the area of Avenue of Flags) that may be in violation of zoning regulations by virtue of their long- term residential use; an additional 37 motel rooms have recently been permitted for conversion to another use. To protect tenants without compromising land use policies or vested property owner rights, the City shall undertake the following actions. a. Relocation Assistance. The City shall amend its existing AHO to insti-tute tenant notice and relocation payments consistent with all of the provisions and re-quirements of Health & Safety Code sections 50651 through 50659.3. The AHO amendment shall be applicable to the demolition or conversion of all residential rental units regardless of whether tenant displacement: ( i) results from code enforcement, or CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION 2004 Housing Element Page 36 City Council Resolution No. 04- 07 voluntary acts of the owner of such units; or ( ii) is otherwise exempt from the replace-ment housing provisions of the AHO. The AHO Amendment shall: ( i) make relocation notice and payments the residential rental unit owner’s responsibility ( provided that the City may elect to provide the notice and advance the payments under the provisions of Health and Safety Code Section 50657); ( ii) establish the amount relocation assistance as constituting greater of ( a) two times the actual monthly rent or ( b) six times the monthly difference between the Affordable Housing Price ( rent) and the current Fair Market Rent published by the Santa Barbara County Housing Authority in conjunction with the federal Section 8 Housing Assistance Payments Program. In all other respects the AHO shall incorporate and conform to the relocation payments, tenant noticing, ap-peals process and tenant disqualification provisions of Health and Safety Code § § 50651- 50659.3. These obligations shall apply to all projects for which discretionary permit approval is granted on or after the effective date of the AHO amendment; pro-vided, however, that relocation requirements stipulated under redevelopment shall gov-ern projects financed, in whole or in part, by the Redevelopment Agency. b. Abatement Process. The City shall amend its existing AHO to institute special procedures in regard to abatement of substandard housing conditions. Under the AHO amendment, a tenant shall not be required to move until proper notice has been given and relocation payments have been made, except or unless the conditions of the property are so severe as to pose an immediate and serious threat to the health or safety of the occupants, in which case: ( i) the City may suspend the requirement for notice and payment of relocation assistance prior to displacement; ( ii) the property shall be vacated in the time and manner provided by law; and ( iii) prior to displacement of the occupants, the City shall contact the Santa Barbara County Housing Authority ( SBCHA) and Santa Ynez People Helping People regarding the impending displacement, request that those agencies provide a preference for the occupants for subsidized housing, and provide the occupants with a referral to the SBCHA and People Helping People. In the event that the property must be vacated before the notice and relocation payment re-quirements are satisfied, the owner shall remain responsible for payment of relocation assistance after the tenants have been displaced. c. Transient Occupancy. The City shall amend its Municipal Code to: ( i) clarify the definition of hotel and motel uses with respect to duration of occupancy; ( ii) allow for a reasonable number of long- term visitor stays; ( iii) provide for a reasonable amortization of existing non- conforming use; and ( iv) make allowances for relocation payments in the event of tenant displacement. As part of the Municipal Code amend-ment, the City shall: ( i) undertake an analysis of candidate properties; ( ii) ascertain the breadth and magnitude of potential non- conforming conditions; and ( iii) evaluate the feasibility of an amnesty program whereby limited residential use may be continued in exchange for affordable housing covenants. Responsible Agency/ Department: City Manager Timeframe: 2004- 2005 CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION 2004 Housing Element Page 37 City Council Resolution No. 04- 07 Funding: General Fund, Tax Increment and State Grant Funds Expected Outcome: Amended Municipal Code and AHO; Residen-tial Motel Amnesty Program 16. Affordable Covenants and Interim Assistance. Several recent projects ap-proved or constructed in the vicinity of Avenue of Flags may be candidates for purchase of affordable covenants. These projects were approved prior to the AHO becoming ef-fective and are exempt from the City’s inclusionary requirements. The purchase of covenants could add units to the City’s permanent supply of affordable housing or pro-vide interim assistance for temporary stays ( i. e., emergency and transitional housing). The most likely candidates are those properties where off- setting incentives could be offered in lieu of financial consideration. Such incentives might include on- street park-ing credits, relaxed development standards and redevelopment property tax credits. Accordingly, the City shall undertake the following: ( i) contact property owners of candi-date properties to ascertain their interest and willingness to entertain purchase of af-fordable covenants; ( ii) negotiate the terms and conditions of participation; ( iii) establish a budget and seek grant funds to underwrite these endeavors; and ( iv) conclude the purchase of affordable covenants. As a complimentary action, interim assistance is cur-rently available through People Helping People in the form of emergency mortgage and rent assistance to forestall untimely displacements. Concurrent with its assessment of affordable covenants, the City shall evaluate financial resources by which to continue and broaden the emergency mortgage and rent assistance program. Responsible Agency/ Department: City Manager Timeframe: 2004- 2005 Funding: Tax Increment and State/ Federal Grant Funds Expected Outcomes: Development Agreements and Financial Assis-tance 17. Energy Conservation. The City will continue to collect, maintain and dissemi-nate information from Pacific Gas and Electric (“ PG& E”) to encourage existing residents to participate in energy efficiency retrofit and rebate programs.. This information will be maintained at City Hall and relevant topics will be periodically featured in the City’s semi- annual newsletter that is distributed to all residents. In addition, the City will: ( i) post relevant information on its official website; ( ii) integrate energy retrofit improve-ments into its emergency repair and housing rehabilitation programs; and ( iii) sponsor-ing an energy awareness program, in conjunction with PG& E, to educate residents about the benefits of various retrofit and rebate programs. Responsible Agency/ Department: City Manager, Planning Department Timeframe: Ongoing Funding: General Fund/ PG& E Expected Outcome: Increased Energy Awareness CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION 2004 Housing Element Page 38 City Council Resolution No. 04- 07 SECTION VII: EQUAL HOUSING OPPORTUNITIES The California Fair Employment and Housing Act: ( i) prohibits discrimination and har-assment in all aspects of housing including sales and rentals, evictions, terms and con-ditions, mortgage loans and insurance, and land use and zoning; ( ii) requires housing providers to make reasonable accommodation in rules and practices to permit persons with disabilities to use and enjoy a dwelling and to allow persons with disabilities to make reasonable modifications of the premises; and ( iii) prohibits retaliation against any person who has filed a complaint with the State Department of Fair Employment and Housing, participated in a Department investigation or opposed any activity prohibited by the Act. According to data furnished by the Santa Barbara County Fair Housing Pro-gram and State Department of Fair Employment and Housing, only two complaints were lodged during the previous seven- year Housing Element planning cycle. While the inci-dence of complaints is relatively small, the scarcity of vacancies and general lack of af-fordable housing can lead to more widespread discrimination. In this regard, incomes are lowest among minorities and special needs population with the scarcest housing. Goal: To affirmatively further fair housing and assure equal access to sound, affordable housing for all persons regardless of race, creed, age or sex. Policies: H- 17 The City declares that all persons regardless of race, creed, age, physical disabil-ity or sex shall have equal access to sound and affordable housing pursuant to State and Federal laws. H- 18 The City will promote awareness of the California Fair Housing and Employment Act and actively support enforcement of the policies of the State Fair Employment and Housing Commission. H- 19 The City will encourage the participation of all citizens of Buellton in the develop-ment of housing policies for the City. Programs and Actions: Note: All programs involving new or amended ordinances shall be subject to Planning Commission review and recommendation, and final approval by the City Council. 18. Fair Housing Services. The Federal HOME ( Investment Partnership Act) Pro-gram provides access to grant funds targeted at low and very low income families. Eli-gible uses of these funds include homeownership assistance, multifamily rental project assistance, homeowner rehabilitation, and tenant based rental assistance. To enhance their prospects for Federal HOME funding, the Cities of Buellton, Carpinteria, Goleta, Lompoc, Santa Maria and Solvang have formed a consortium in cooperation with Santa Barbara County. As a member of the HOME Consortium, the City of Buellton has ac- CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION 2004 Housing Element Page 39 City Council Resolution No. 04- 07 cess to a variety of fair housing services sponsored by the County including the Rental Housing Mediation Task Force, fair housing publications and website information. Due to limited funding, these services are typically restricted to residents and property own-ers within unincorporated areas of the County. To expand access to these programs and assure their continued availability to Buellton, the City shall enter into discussions with the County and arrange a transfer or trade of HOME funds ( or Federal CDBG funds should they subsequently become available) in exchange for access to County-sponsored fair housing counseling, information dissemination and referral services. Responsible Agency/ Department: City Manager Timeframe: 2005 Funding: HOME Program ( or CDBG Funds if the Con-sortium Subsequently Qualifies) Expected Outcome: Local Access to Fair Housing Services 19. Information and Referral. The City will continue to collect, maintain and dis-seminate information from the County, Housing Authority and State Department of Equal Housing and Employment regarding housing and tenant rights. This information will be maintained at City Hall and relevant topics will be periodically featured in the City’s semi- annual newsletter that is distributed to all residents. The City will also: ( i) post relevant information on its official website; ( ii) conduct a focused mailing of relevant materials to landlords and tenants; and ( iii) refer complaints directly to the State De-partment of Fair Employment and Housing. In addition, the City in partnership with the County of Santa Barbara ( acting by and through the HOME Consortium and CDBG Program) and other public and non- profit agencies, will jointly sponsor and avail its fa-cilities to provide an educational seminar on tenant and property owner rights and re-sponsibilities under state and federal fair housing laws. Responsible Agency/ Department: City Manager Timeframe: 2004 for Fair Housing Seminar; 2005 for Mail-ing and Website; Ongoing for Information Dis-semination and Interagency Cooperation Funding: General Fund Expected Outcome: Distribution of Information Regarding Equal Access to Housing 20. Affirmative Marketing. Under the City’s existing AHO, an Affordable Housing Agreement is required for all inclusionary dwellings, density bonus units and replace-ment housing governed by the AHO. Each Agreement must be submitted to the City Council for review and approval prior to recordation. The City shall amend the AHO and incorporate Affirmative Fair Housing Marketing requirements into all Affordable Housing Agreements as follows: ( i) Fair Housing – each housing sponsor shall carry out an af-firmative program to attract tenants, regardless of sex, of all minority and majority groups to the encumbered property, publicizing to minority persons the availability of housing opportunities regardless of race, color, religion, sex or national origin, through CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION 2004 Housing Element Page 40 City Council Resolution No. 04- 07 the type of media customarily utilized by the qualified tenants, including minority publi-cations or other minority outlets which are available in the housing market area, and all advertising shall include either the HUD- approved Equal Housing Opportunity logo or slogan or statement and all advertising depicting persons shall include persons of ma-jority and minority groups, including both sexes; ( ii) EEO Notice ( Office) -- each housing sponsor shall prominently display in all offices in which sale or rental activity pertaining to the encumbered property takes place the HUD- approved Fair Housing Poster and include in any printed material used in connection with said sales or rentals, the HUD-approved Equal Housing Opportunity logo or slogan or statement; ( iii) EEO Notice ( Property) – the housing sponsor shall post in a conspicuous position within the encum-bered property a sign displaying prominently either the HUD- approved Equal Housing Opportunity logo or slogan or statement; and ( iv) Fair Housing Compliance -- as part of the annual reporting process, the housing sponsor shall document any and all claims of housing discrimination filed in regard to the encumbered property and the disposition of such claims. Subject to the limits of fair housing and associated laws, and notwith-standing the preferences granted to displaced persons and persons with disabilities ( Program 13), Buellton residents shall be afforded priority in occupying affordable hous-ing governed under the AHO. Responsible Agency/ Department: Planning Department Timeframe: 2004 Funding: General Fund Expected Outcome: Amended Zoning Ordinance 21. Public Participation and Monitoring. Prior to any public hearing where the City is considering amending or updating the Housing Element, the City will post notices at significant public locations and shall directly notify the California Department of Housing and Community Development, People's Self Help Housing Corporation, Santa Barbara Community Housing Corporation, People- Helping- People, Cabrillo Economic Develop-ment Corporation ( CEDC), Santa Barbara County Housing Authority, California Rural Legal Assistance, Home Builders Association of the Central Coast, local churches and all others expressly requesting to receive notice of such matters. Notice shall also be given in conjunction with annual review of Housing Element performance. In addition, the City, acting by and through its Redevelopment Agency, shall amend the Buellton Improvement Project Redevelopment Plan and 5- Year Implementation Plan to fully in-tegrate and incorporate of the affordable housing policies and programs set forth in the Housing Element. a. Annual Review. No less often than once each year, the City shall con-duct a noticed meeting to assess housing performance and undertake program adjust-ments in connection with the planning report required by California Government Code Section 65400. Net RHNA goals ( as defined in Program 2) shall be recomputed at this time, along with necessary and appropriate changes in the AHOZ and CR Variable Limit ( Programs 2 and 3). At a minimum, the City shall modify its programs and policies to ensure that adequate sites, suitably zoned, are available to accommodate the City’s Net CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION 2004 Housing Element Page 41 City Council Resolution No. 04- 07 RHNA goals for very low and low income in accordance with the provisions of Program 2. a.. Such actions include, but are not necessarily limited to: ( i) the designation of addi-tional AHOZ sites; ( ii) an increase in the base density of property with an AHOZ desig-nation; or ( iii) rezoning of non- residentially zoned property for exclusive residential use at a minimum density of 25 units per acre. b. Program Promotion. As part of the annual review process, the City shall promote the availability of housing assistance programs and conduct a workshop with specific emphasis on Programs 2, 3, 4, 7, 13, 17 and 15a. No less than once a year, these programs will be advertised in the City’s semi- annual newsletter that is distributed to all residents and posted on the City’s official website. Responsible Agency/ Department: Planning Department Timeframe: 2004- 05 for Redevelopment Plan Amendments; Ongoing for Noticing, Ad-vertising, Workshops and Annual Re-ports Funding: General Fund Expected Outcome: Integrative Policy Development and Per-formance Review CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION 2004 Housing Element Page 42 City Council Resolution No. 04- 07 SECTION VIII: PRESERVATION OF AT- RISK UNITS At- risk units are those that are currently in a subsidized housing program and provide housing to target income groups at an affordable housing cost but will soon revert to market- rate housing due to termination of subsidy contracts, mortgage prepayment, or expiring use restrictions. Potential candidates include all multifamily rental units assisted under Federal, State and/ or local programs including Federal and State grants, bond programs, redevelopment projects, local in- lieu fees, housing trusts funds, inclusionary housing and density bonuses (“ covered units”). As of the October 1, 2003, only one “ at risk” project has been identified: a 12- unit very low income project developed by the Santa Barbara Community Housing Corporation under the California Tax Credit Pro-gram located at 590 Central Avenue and commonly known as Central Gardens I. The project was developed in 2000 and has a 55- year deed covenant. Under Housing Ele-ment criteria, the property is not deemed at risk of conversion. Goal: Retention and continuation of affordability covenants on all covered units at risk of conversion in Buellton. Policies: H- 20 The City shall actively monitor covered units and use all reasonable efforts to pre-serve at risk dwellings including, but not limited to, direct purchase, mortgage refinanc-ing, non- profit partnership acquisition, co- operative tenant conversion and similar pres-ervation techniques. H- 21 At least two years written notice shall be required prior to the conversion of any covered units; such notice shall be given to the City, California Department of Housing and Community Development, Santa Barbara County Housing Authority and residents of covered units. Programs and Actions: Note: All programs involving new or amended ordinances shall be subject to Planning Commission review and recommendation, and final approval by the City Council. 22. Affordable Housing Monitoring. The City shall maintain, in coordination with the Santa Barbara County Housing Authority and all other non- profit housing sponsors, a list of all dwellings within the City that are subsidized by government funding or low income housing developed through local regulations or incentives. The list shall include, at a minimum, the number of units, the type of government program, and the date at which the units may convert to market- rate dwellings. In addition, the City shall: ( i) amend its existing AHO to impose two- year noticing as part of the Affordable Housing Agreements executed and recorded in connection with covered units; ( ii) notify the cur-rent owner/ manager of Central Gardens I of the two year notice requirement and record CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION 2004 Housing Element Page 43 City Council Resolution No. 04- 07 a declaration to this effect upon title; and ( iii) document the status of all covered units as part of its year- end report required pursuant to Government Code Section 65400. Responsible Agency/ Department: Planning Department Timeframe: 2004- 05 for Amendment to AHO and Notifica-tion to Central Gardens I; Ongoing for Annual Year- End Reports Funding: General Fund Expected Outcome: Amended Zoning Ordinance and Annually Up-dated List CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION 2004 Housing Element Page 44 City Council Resolution No. 04- 07 SECTION IX: IMPLEMENTATION SUMMARY TABLE 9: PROGRAM SUMMARY HOUSING ELEMENT PROGRAMS Housing Program Five- Year Objective Implementation Time Frame Funding Sources Responsible Entity 1 General Plan Update Amended General Plan Land Use Ele-ment & Zoning Ordi-nance May 7, 2005 General Fund Planning De-partment 2 Affordable Housing Over-lay Zone Amended General Plan Land Use Ele-ment & Zoning Ordi-nance 2004- 05 General Fund Planning De-partment 3 Mixed Use Development. Amended General Plan Land Use Ele-ment & Zoning Ordi-nance 2004- 05 General Fund Planning De-partment 4 Secondary Unit & Multi-family Infill Amended Zoning Ordinance 2004- 05 General Fund Planning Department ADEQUATE HOUSING SITES 5 Development Capacity Pres-ervation. Amended Zoning Ordinance 2004- 05 for Ur-gency Ordinance and AHO Amendment; On-going for Public Land Disposition General Fund Planning De-partment 6 Inclusionary Housing Amended Zoning Ordinance 2004- 05 General Fund Planning De-partment 7 Secondary Dwelling & Infill Induce-ments Amended Zoning Ordinance & Finan-cial Assistance Pro-grams 2004- 05 for AHO Amendment; 2005- 06 for Es-tablishment of Financing & Sub-sidy Programs General Fund and State/ Federal Grants Planning De-partment 8 Housing Trust Fund Capitalization of Housing Trust Funds 2004- 05 for AHO, Redevelopment Plan and 5- Year Implementation Plan Amend-ment; 2005 for Fee Studies; On-going for Grant Applications & Non- Profit Col-laboration General Fund City Manager AFFORDABLE HOUSING SUPPLY 9 Public- Private Partnerships Affordable Housing Projects Ongoing Multiple Sources City Manager CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION 2004 Housing Element Page 45 City Council Resolution No. 04- 07 TABLE 9: ( Continued) HOUSING ELEMENT PROGRAMS Housing Program Five- Year Objective Implementation Time Frame Funding Sources Responsible Entity 10 Land Use Modifications Amended Zoning Or-dinance 2004- 05 General Fund Planning De-partment 11 Development Constraints Amended Zoning Or-dinance & Modified Development Fees 2005- 06 General Fund Planning Department 12 Special Needs Hous-ing Amended Zoning Or-dinance 2004- 05 for AHO Amendment; On-going for Sup-porting Services General Fund City Manager HOUSING IMPEDIMENTS 13 Persons with Disabilities Amended Zoning Or-dinance & Adaptive Retrofit Program 2005 General Fund & State/ Fed-eral Grants Planning De-partment 14 Property Re-habilitation Amended Zoning Or-dinance, Emergency Repairs & Property Rehabilitation Ongoing for Emergency Mo-bile Home Repair Program; 2005- 06 for Program Expansion General Fund, Tax Increment & State/ Federal Grants City Manager 15 Code En-forcement Amended Zoning Or-dinance & Residential Motel Amnesty Pro-gram 2004- 05 General Fund, Tax Increment & State/ Federal Grants City Manager 16 Affordable Covenants and Interim Assistance Development Agree-ments & Financial Assistance 2004- 05 Tax Incre-ment & State/ Federal Grant Funds City Manager CONSERVATION & REHABILITATION 17 Energy Con-servation Increased Energy Awareness Ongoing General Fund & Pacific Gas and Electric City Manager & Planning De-partment CITY OF BUELLTON June 10, 2004 FINAL ADOPTED VERSION 2004 Housing Element Page 46 City Council Resolution No. 04- 07 TABLE 9: ( Continued) HOUSING ELEMENT PROGRAMS Housing Program Five- Year Objective Implementation Time Frame Funding Sources Responsible Entity 18 Fair Housing Services Local Access to Fair Housing Services 2005 HOME or CDBG Pro-gram City Manager 19 Information & Referral Distribution of Infor-mation Regarding Equal Access to Housing 2004 for Fair Housing Semi-nar; 2005 for Mailing & Web-site; Ongoing for Information Dis-semination & In-teragency Coop-eration General Fund City Manager 20 Affirmative Marketing Amended Zoning Ordinance 2004 General Fund Planning De-partment EQUAL HOUSING OPPORTUNITIES 21 Public Par-ticipation & Monitoring Integrative Policy Development & Per-formance Review 2004- 05 For Redevelopment Plan Amend-ments; Ongoing for Noticing & Annual Reports General Fund Planning De-partment PRESERVATION OF AT RISK UNITS 22 Affordable Housing Monitoring Amended Zoning Ordinance & Annu-ally Updated “ At Risk” Units List 2004- 05 for AHO Amendment & Notification to Central Gardens I; Ongoing for Annual Year- End Reports |
| PDI.Date.Issued | 2004 |
| PDI.Title | City of Buellton 2004 housing element |
| OCLC number | 61412107 |
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