Westminster City Council
SUBJECT
Title
Housing Element Annual Progress Report for Calendar Year 2023.
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publichearing
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From: Catherine Lin, Community Development Director
Requested by: Administration
Prepared by: Catherine Lin, Community Development Director
Alice Tieu, Associate Planner
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RECOMMENDED ACTION
Recommendation
Receive and file the report and direct staff to submit the report to the State Department of Housing and Community Development (HCD) and the Governor’s Office of Planning and Research (OPR).
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BACKGROUND
Government Code Section 65400 requires each county and general law city in California to prepare and present, to its decision-making body, an annual report describing:
• Progress made in implementing its Housing Element and housing programs (a component of the City’s General Plan), and
• Meeting its share of regional housing needs as determined through the Regional Housing Needs Assessment (RHNA).
This year’s 2023 Progress Report (Attachment 1) is the 2nd reporting year and discusses how the City has made significant progress toward its implementation of the 6th Cycle 2021-2029 Housing Element in accordance with the City’s allocated share of the Regional Housing Needs Assessment. In 2022, the Mayor and City Council adopted the Housing Element and citywide mixed-use zoning districts. Furthermore, in 2022, the Westminster Mall Specific Plan was adopted.
Housing Element
State law requires each city to adopt a Housing Element as part of its General Plan. The Housing Element guides housing development in the City and addresses a wide range of housing issues through a series of established goals, programs, and objectives. California’s housing element law further requires each city to plan for its RHNA allocation by developing housing programs designed to meet its “fair share” of existing and future housing needs for all income groups. Westminster’s 6th Cycle Housing Element was established in accordance with the State law and adopted by the Mayor and City Council on January 26, 2022. The adopted Housing Element was sent to HCD on February 1, 2022, for their certification, however, HCD provided comments listing revisions that are necessary to comply with the State Housing Element Law (Article 10.6 of the Gov. Code) (“State law”). The City has made minor amendments to address the state’s comments, but the majority of the housing programs were not affected. The Mayor and City Council re-adopted the Housing Element on March 22, 2023 and the State certified the Housing Element on May 22, 2023. The 2023 housing progress report is based on the City’s Housing Element that was adopted in March 2023.
Since 1980s, the Southern California Association of Governments (SCAG) has been required to establish housing need projections for jurisdictions in Orange County, officially known as the RHNA, and they forecast and allocate housing needs over an eight-year period. Each jurisdiction’s RHNA is further defined based on four household income categories: above moderate income, moderate income, low income, and very low income. The share of the region’s housing needs allocated to the City of Westminster for October 1, 2021, through October 1, 2029, planning period (6th Cycle) is shown below in household income categories.
|
Very Low-Income (<50% AMI) |
1,881 units |
|
Low-Income (50-80% AMI) |
1,473 units |
|
Moderate-Income (80-120% AMI) |
1,784 units |
|
Above Moderate (>120% AMI) |
4,621 units |
|
Total |
9,759 units |
2023 Housing Element Annual Progress Report (APR)
The 2023 Progress Report (Attachment No. 1) discusses the specific progress the City has made toward the implementation of each Housing Element program, including the number of reviewed, approved, and permitted housing units for 2023. In 2023, the City permitted a total of 196 dwelling units and completed (constructed) 151 dwelling units. The City permitted 19 more dwelling units and completed 25 more dwelling units compared to 2022 (177 units were permitted, and 126 units were completed in 2022). The progress report further confirms that the residential development trend in the City is dominated by the construction of ADUs; the 2023 APR shows that 100% of all the housing units completed (constructed) were ADUs. Also, 96% of the housing units permitted in 2023 were ADUs (188 out of 196 units). The City also received one 54-unit housing project (with 53 affordable units) submitted in 2023 which is anticipated to be considered by the City Council in the Spring of 2024. The City also anticipates the approval of a two-unit affordable housing project submitted in 2022 to be approved by summer of 2024.
This finding is evidence that the City is making important progress toward meeting the City’s RHNA allocation of 9,759 units. As of the completion of this report, the City still has a remaining RHNA of 9,311 units. It is anticipated that the City will continue to see a trend of higher number of residential units permitted or constructed each year as the City has recently implemented the Westminster Mall Specific Plan and adopted the Mixed-Use Zoning Code. In addition, the Mayor and City Council recently authorized the use of LEAP grant funds to conduct an economic development analysis which includes assessing appropriate residential densities and regulatory considerations to support housing development in the Mixed-Use Districts. The City is actively working to encourage and accommodate higher residential developments as required by the State housing laws. Table D of the 2023 Progress Report discusses specific “actions” made by the City to implement the housing program and its goals during the past year.
The attached 2023 progress report has been prepared using the forms provided and required by the State. There is no applicable data to report for tables C, E, F, F2, G, H, J, and K. Thus, these tables have been left blank.
Recent Bills that Streamline Housing Development
The City continued to address the statewide housing shortage and new housing bills that took effect in 2023. AB2011, the Affordable Housing and High Roads Job Act of 2022, took effect in July 1, 2023, which allows for certain affordable housing projects of five or more units to be permitted by right in commercial zones. Also, AB 854 which was adopted at the end of 2023 and effective July 1, 2024, requires that a residential subdivision with 10 or fewer units be approved ministerially. Every year, the State of California adopts new housing legislation to expedite the housing process. In response, staff continues to work on streamlining ADU review and the approval process which includes creating pre-approved ADU plans. As always, staff will continue to monitor these legislative changes and initiate code amendments to implement these legislative changes for all housing development.
FISCAL IMPACT
None
LEGAL REVIEW
The City Attorney’s Office has reviewed the staff report and has approved it as to form.
CONCLUSION
Since the beginning of the 6th Cycle RHNA (planning period is October 2021 through October 2029), the City has permitted 448 housing units and continues to work towards providing a range of housing opportunities and services for the community. Although the City made notable progress towards meeting the 6th Cycle RHNA allocation, the City has a remaining RHNA allocation of 9,311 units. The City will continue to consult the legal counsel and other resources to amend the City ordinances, on a needed basis, to be consistent with the State’s housing laws and to be in compliance with the City’s Adopted 2021-2029 Housing Element.
ATTACHMENTS
1. 2023 Housing Element Annual Progress Report
REVIEWED BY
Erin Backs, Finance Director
Christian Bettenhausen, City Attorney
Christine Cordon, City Manager