2006/03/28 City Council Resolution (8)COUNCIL RESOLUTION NO. 2006 - 92
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
AUTHORIZING RESPONSE TO LETTER REGARDING
CITY'S HOUSING ELEMENT
WHEREAS, the City of Rohnert Park ( "City ") received a February 3, 2006, letter from
David Grabill and Edie Sussman questioning the City's compliance with its Housing Element
and adequate provision of affordable housing; and
WHEREAS, the City wishes to outline the activities it has undertaken in order to provide
affordable housing in conformance with its Housing Element and State law; and
WHEREAS, staff has prepared a dram response for the City Council's review and
approval;
NOW, THEREFORE, the City Council of the City of Rohnert Park resolves that the draft
response is approved and the Community Development Director is authorized to send the letter
from the City to Mr. Grabill and Ms. Sussman attached as Exhibit A to this resolution.
DULY AND REGULARLY ADOPTED this 28h day of March, 2006.
CITY OF ROHNERT-P�- -4_.. .
Mayor Tim Smith
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BREEZE: ASE FLORES: AYE MACKENZIE: AYE VIDAK- MARTINEZ: AYE SMITH: AYE
APES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0)
Exhibit 'A'
March 29, 2006
David Grabill, Esq.
1930 Alderbrook Lane
Santa Rosa, CA 95405
Edie Sussman, Esq.
Sussman & Ziskin
719 Orchard St
Santa Rosa, CA 95404
Re: City of Rohnert Park Housing Element /Sonoma Grove
Dear Mr. Grabill and Ms. Sussman:
This letter is in response to your February 3rd letter regarding the City's Housing
Element and the recent rent increases at the Sonoma Grove Trailer Park.
Your letter asserts that the City's Housing Element fails to substantially comply with
the State's Housing Element law (Gov. Code, §65580 et seq.), and purports to notify
the City that it has sixty days from February 3, 2006 to come into compliance. Your
letter offers three areas of alleged deficiencies: (1) the City's provision of sufficient
housing sites to satisfy its Regional Housing Needs Determination ( "RHND ")
allocated by the Association of Bay Area Governments ( "ABAG "), particularly as to
sites for high density development suitable for affordable housing, (2) the City's
satisfaction of conditions imposed by the state Housing and Community Development
Department ( "HCD ") in connection with its 2001 approval of the City's Housing
Element, and (3) the need for the City to update its Housing Element. As explained
below, the City is deficient in none of these areas.
In addition, you have requested that the City not approve any development or
annexation unless 50% of the units are reserved for lower and moderate income
households.' As discussed below, this request would neither support the interests of
the community nor further the goals of the City's Housing Element.
t Specifically, you proposed that 25% of the units be set aside for lower income households,
and 25% for moderate income households.
6750 Commerce Boulevard . Rohnert Park CA . 94928 . (707) 588 -2226 . Fax (707) 588 -2263
%Kww.sp—city,org
March 29, 2006
Page 2
Satisfaction of Regional Housing Needs Determination
Your letter alleges that the City has not fulfilled its commitment to provide adequate
housing sites to meet its Regional Housing Needs Determination with respect to high
density and affordable housing. This is inaccurate.
State Housing Element law requires that a city identify sufficient affordable housing
sites. (Gov. Code, §§ 65583, 65583.2.) The City has identified adequate sites to
satisfy its affordable housing requirement. These sites include the affordable housing
sites located within the existing City limits as well as sites identified within each of
the Specific Plan areas proposed for annexation. The sites are identified in the
"quantified objectives" section of the City's Housing Element. '(Rohnert Park
General Plan, Housing Element, pp. 9 -99, 9- 100.)
The City is working diligently to satisfy these goals, as discussed herein, although the
actual provision of sufficient housing sites is a goal and not a mandated act.
(Northwood Homes, Inc. v. Town ofMoraga, 216 Cal,App.3d 1197, 1204 (1989).)
The schedule for annexation of the proposed Specific Plans is as follows. The
University District Specific Plan is planned to include over 200 affordable units.2
The final environmental impact report C FEIR ".) for the University District is
scheduled for release in March of 2006. Formal Planning Commission and City
Council consideration of the University District project is scheduled for April and
May of 2006. The FEIR for the Southeast Specific Plan is being prepared and is
tentatively scheduled for consideration in the next few months. The Northeast
Specific Plan draft environmental impact report is close to completion; consideration
of this project is scheduled for this fall.
In addition to the identification of affordable housing sites both within the existing
City limits, and in the proposed Specific Plan areas, the City has already taken the
following actions to insure that sufficient affordable housing sites are made available
for development and that existing affordable units are preserved:
1) Adoption of an inclusionary housing ordinance that requires that 15% of
the units in new rental residential developments be affordable to low- and
very low - income households and that 15% of the units in new for -sale
residential developments be affordable to low- and moderate - income
households. (Municipal Code section 17.07.020(N).)
2 The University District Specific Plan has been endorsed by the Sonoma County Housing
Leadership Coalition.
March 29, 2006
Page 3
2) Adoption of a density bonus ordinance that provides a density bonus to
developers who construct housing affordable to low- and very low - income
households. (Gov. Code, § 65915; Rohnert Park Municipal Code section
17.07.020(H).)
3) Rezoning of the existing City Hall site for its redevelopment with an
affordable housing project upon the relocation of City Hall.
4) Approval of the Centre Ville project, which includes 12 for -sale units
affordable to low - and moderate- income households. This project is
currently under construction.
5) Entry into a Disposition and Development Agreement with Burbank
Housing for the development of "The Arbors," which will include 56 units
affordable to low- and very low- income households. This project is also
under construction.
6) The approval of three high- density residential developments on property
that was zoned for Commercial uses — "Mountain Shadows Apartments"
on Golf Course Drive, "Redwood Creek Apartments" on Rohnert Park
Expressway and LaBath Avenue, and "The Vineyard" on Country Club
Drive south of Golf Course Drive.
7) The designation of eight acres on Commerce Boulevard and of the entire
Southwest Shopping Center site for mixed use development, which will
include affordable units.
affordable, .
8) Amendment of the City's Municipal Code to require that affordable
rentals be affordable for 55 years and affordable for -sale units remain
affordable for 45 years. This is an increase over the City's previous 30-
year affordability requirement for both rental and for -sale housing.
9) Exemption of housing affordable to low- and very low- income households
from the City's cap on housing units contained in its growth management
ordinance. (General Plan, p. 2 -48; Rohnert Park Municipal Code section
17.19.030(B)(6)(b).) (The City's growth management ordinance also
takes into account "the extent to which the development accommodates
the City's regional fair share housing allocations as described in the
General Plan.) (Rohnert Park Municipal Code section 17.19.060(B)(8).)
10) Passage of a resolution supporting the bond financing of the Copeland
Creek Apartments which would provide for the rehabilitation of 171 units
March 29, 2006
Page 4
with affordability restrictions requiring 10% of the units to be rented at
50 % income levels and 90% at 60% income levels.
11) Approval of a participation agreement with Caritas Affordable Housing,
Inc. for the allocation of funds to rehabilitate the Valley Village Senior
Mobile Home Park, within which 40 percent of the spaces shall be
reserved as affordable to very low- and low - income households for a
minimum of 55 years.
12) Assistance to Millenium Housing Corporation in the purchase of the Las
Casitas de Sonoma and the Rancho Feliz Mobile Home Parks and their
preservation as affordable housing projects.
13) The use of the City's Mobile Home Ordinance (Chapter 9.70 of the
Rohnert Park Muncipal Code) to ensure that affordable housing is
preserved.
Further, the City has identified the following additional actions that will be taken to
make sites available for affordable housing (Gov. Code, §.65583(c)(1)):
1) Consideration of a preliminary development plan application for the
former Agilent Technologies property to allow up to 2000 units, 15% of
which would be required to be affordable to low, very low, and moderate
income households.
2) Negotiation of a Disposition and Development Agreement with Burbank
Housing for the development of the "Vida Nueva" transitional housing
project which will be affordable to low- and very low- income households.
(Note that in September of 2005 the City approved an amendment to the
Pre - Development Agreement with this affordable housing provider and
allocated $266,667 toward the affordable housing development efforts.)
3) Issuance of increased redevelopment bonds to increase funding for
affordable housing projects.
4) Consideration of an affordable workforce linkage fee to fund workforce
housing.
March 29, 2006
Page 5
Despite the foregoing progress, you have asserted that, with regards to the RV park
known as Sonoma Grove, the City is falling "far short" of a Housing Element
commitment to "Maintain the Sonoma Grove Trailer Park as a form of shelter for
very low income students and households that, in nearly every case, could not afford
other housing available in Rohnert Park." (See Rohnert Park General Plan, Housing
Element, HO -21, p. 9 -94.) This is incorrect.
The City is taking steps to address the concerns of residents of Sonoma Grove. For
example, it has set aside $50,000 to provide rental subsidies to assist current
residents. HCD has stated that the City's efforts "are consistent with the goals and
policies set forth in the City's housing element." (Letter, dated March 7, 2006, from
Linda J. Nichols, HCD Program Manager, to Ron Bendorff, Community
Development Director.)
Further, your suggestion that the Housing Element requires the City to restrict the
new park owner's ability to increase rents is off the mark. ` Because Sonoma Grove is
registered with the State of California as a "recreational vehicle park" and the State
considers RV units to be a form of transient housing, not,permanent housing, the
Sonoma Grove units are not counted as affordable housing in the City. Therefore,
even if it were to be eliminated as affordable transient housing (which it is not), the
adequacy of the City's Housing Element would not.N impacted. Thus, in addition to
recognizing the City's subsidization, you must "acknowledge that whether or not the
rents are below certain State law affordability definitions will not impact the housing
inventory goals set forth in the City's Housing Element.
Nonetheless, the units remain affordable to low and very low- income residents - -even
with the February 1, 2006 rent increases. The rents have not increased beyond the
amounts set for "very tow income households" or "lower income households. "3
Moreover, you have misstated the core purpose of HO -21, which is physical
maintenance of Sonoma Grove. Policy HO -21 appears in the "Policies: Preservation
and Improvement of Housing Stock" section. It is important to read it in its entirety:
HO -21 Maintain the Sonoma Grove Trailer Park as a form of shelter for very low -
income students and households that, in nearly every case, could not afford other
housing available in Rohnert Park.
3 In accordance with Health and Safety Code section 50079.5, housing for "very low income
households" must be affordable to families with 50 percent of the area median income. In accordance
with health and Safety Code section 50105, housing for "lower income households" must be
affordable to families with 80 percent of the area median income.
March 29, 2006
Page 6
Program
21.1 Consider requests by the trailer park owner for the funding of appropriate
projects that would maintain the park.
(Rohnert Park General Plan, Housing Element, p. 9 -94.)
In other words, the core purpose of HO -21 is to consider requests to fund physical
improvements at Sonoma Grove - -not to impose rent control or to subsidize rents.
Therefore, as stated above, the City is in compliance with its Housing Element and
the State's Housing Element law.
Validity of City's Housing Element
As you know, once a Housing Element has been approved by HCD, it is
presumptively valid. (Gov. Code, § 65589.3.) You suggest nonetheless that the
City's Housing Element is void on the ground that the City has not complied with the
conditions of approval imposed by HCD. Your assertion is not correct.
HCD approved the City's Housing Element in 2001, conditioned on the City's
successful annexation of the University and Northeast Specific Plans and programs
5.13 and 27.3. As discussed above, the City is working to annex the University
District and Northeast Specific Plans. HCD has been made aware of this progress.
In addition, Program 5.13 commits the City to annually review the effects of its
Growth Management Program to accommodate its RHND. Program 27.3 commits
the City to evaluate the progress in achieving its quantified objectives, which is equal
to RohnertPark's RHND, in June 2003.
Since 2002, the City has also annually reviewed the effects of its Growth
Management Program on its ability to satisfy its RHND as well as its progress in
achieving its quantified objective. (See enclosed sample "Annual Policy Review of
the Growth Management Program. ") The City has also conducted an annual review
of its General Plan implementation and an important part of this review is an
assessment of the City's performance in meeting its Housing Element goals and
policies. As part of this review Staff has also recommended to the City Council that
the City update its General Plan, including the Housing Element. (See, July 13, 2005,
and September 13, 2005 staff reports. (See enclosed staff reports.) Consequently, the
City Council authorized staff to update the city's Housing Element which update is
underway. (City Council Meeting Minutes, September 13, 2005.)
March 29, 2006
Page 7
Housing Element Update
Your letter states that the City's Housing Element must be amended in order to
provide adequate sites to accommodate at least 261 units and as many as 440 units of
very low - income housing within the existing City limits in order to comply with State
Housing Element law. As mentioned above, the City Council has already authorized
staff to update the City's Housing Element, and the process is underway. HCD has
extended the deadline for ABAG communities to submit Housing Element updates to
June 30, 2009. Although the City has every intention of updating its Housing
Element by June 30, 2009, failure to comply with the timetable set forth in state
Housing Element law will not automatically invalidate a general plan or its housing
element. (See San Mateo County Coastal Landowners' Assn v. County of San
Mateo, 38 Cal.App.41h 523, 544 (1995).)
Proposed Freeze on Approvals with Fewer than 50% Affordable Units
Finally, you have proposed that the City not approve any development or annexation
unless 50% of the units are reserved lower and moderate, income households. This
request is not reasonable.
Your proposal is neither consistent with nor required by the City's Housing Element
and ordinances or by the State's Housing Element law. For example, although the
City's inclusionary housing ordinance requires 15% of new residential development
to be affordable to low- and very low- income households, you propose that the City
reject this carefully considered ordinance and adopt a new policy without
consideration as to the merits thereof and the impacts your proposal would have on
the actual development of housing. Indeed, your proposal would hamper efforts by
the City to appropriately consider applications for residential development which are
already required by the City's inclusionary ordinance to include a significant number
of units affordable to low -, very -low, and moderate- income households. These
applications include the preliminary development plan application for the prior
Agilent Technologies campus mentioned above and the anticipated development
agreements currently under negotiation with the Specific Plan developers.
Therefore, the City's adoption of your proposed blanket -rule is not only something
not required by law, but it would not be in furtherance of sound housing policies and
goals.
CONCLUSION
The City is working diligently to meet the goals set forth in its validly adopted
Housing Element and is in compliance with the State Housing Element law. Indeed,
March 29, 2006
Page 8
in addition to the facts set forth above, consider that the City received a Workforce
Housing Grant Program Reward from HCD in 2005 and anticipates receiving one in
2006. In addition, the City anticipates receiving a Housing Bonus award under the
Workforce Housing Reward Program, based on receipt of the Jobs /Housing Balance
Grant in 2003. These awards are not given by HCD unless a city's Housing Element
is in compliance with California law.
The City appreciates your concern that it support the development of affordable
housing, and it hopes that this letter addresses each of your concerns. In accordance
therewith, the City would prefer to continue to support, encourage and facilitate the
development of housing that would increase the community's supply of affordable
units (see Gov. Code, § 65009(d)), rather than directing its valuable resources
towards litigation.
Should you have any questions regarding the above, please feel free to contact me.
Sincerely,
Ron Bendorff
Director of Community Development
cc: Mayor and Members of the City Council
Jennifer Seeger, Housing Policy Analyst, State Department of Housing and
Community Development
Steve Donley, City Manager
Michelle Marchetta Kenyon, City Attorney
Gabrielle Whelan, Assistant City Attorney
Judy Hauff, City Clerk
Enclosures