On January 13, 2008, the City Council will be having their second workshop addressing the housing element. To see the official City documents regarding this issue, go to: Housing Element Page.
At this site you will be able to read the Housing Element document, the appeal the City made to reduce the number of units we are required to provide and the presentation that was made to Council June 18, 2008.
We are facing a challenge. There are three main issues. One, what is affordable housing and who would qualify for these units? Second, what is it that we are really required to do? Third, how much density will this community tolerate and what are the consequences of non-compliance?
What is affordable housing and who qualifies?
Yorba Linda has been allocated 2,039 units of varying affordability we need to provide. The definition of affordability is based on the area mean income. Our area, Orange County, had a base mean income in 2007 of $78,700. The definitions of the varying levels is based on a percentage of that number adjusted for the number of family members. To simplify the discussion I will present the income levels for families with two members and four members signified next to the listed affordability levels
Yorba Linda’s Regional housing Needs Assessment (RHNA) allocation was:
# units Income 2/4 member families
Very low (50% mean income) 460 units $34,650/ 43,300
Low (80% mean income) 371 units $55,450/69,300
Moderate (120% mean income) 412 units $75,550/94,450
Market rate 796 units
I went to www.salary.com to see the potential income levels of those who may live or work within our community. For consistency, I looked at the income levels from the 10%-50% range indicating an individual just starting off in their career vs. someone who may have 2-3 years experience.
10% 50% housing for 2-person family
Paralegal Secretary $36,000 49,000 very low / low
Auto mechanic $28,000 33,000 very low
Physical Therapist $60,000 69,000 top limit low/moderate
Associate Pastor $42,000 60,000 very low/ top limit low
Certified Nurse Assist $22,000 26,000 extremely low
Aircraft Mechanic $63,000 84,000 upper limit low/moderate
Receptionist $22,000 32,000 extremely low/very low
Nurse $57,000 60,000 upper limit low/moderate
These may be new graduates starting in their careers, young families or single parents that may not have a second income potential
What are we really required to do?
We must make a good faith effort to provide the opportunity to construct affordable housing in our community.
We are not required to build the units, but we are required to make zoning changes within our community allowing the units to be built. We are not required to tear anything down to build the units. But we are not be able to stop an individual who owns property in the re-zoned areas to build affordable housing at a higher density if they are providing affordable housing. With Measure B, the Right to Vote initiative, anything over 10 units per acre would require voter approval of the project.
We can, as a City Council, control the land use if a projects does not match the surrounding area. If a project is turned down, it can be challenged in court.
How much density will this community tolerate? What are the consequences to not complying with the State mandate?
We are a low-density bedroom community that historically has not tolerated high- density construction. One of the reasons this City chose to incorporate was to stop the building of multiple apartments buildings within our community. Yorba Linda was designed to have a rural, small town atmosphere.
With the passage of Measure B, the Right to Vote initiative, this community has the opportunity to approve or reject any project exceeding 10 dwelling units per acre. The challenge is balancing the need to comply with the state mandated numbers, the limited amount of available land and the community’s adversity to high density projects. In addition, we need to have land available for tax generating businesses to sustain the economic health of our community and its amenities.
There are communities that have been cited by the courts for not complying with their housing numbers. Mission Viejo settled prior to have a court mandated housing project that would not fit with their community’s interests. Folsom was not as fortunate and was sued and found to be in non-compliance. They were forced to re-zone areas of their community for high-density housing. Additionally, the State can take away our ability to issue permits for pools, new construction, room additions, etc until we comply with our housing mandate. These are heavy-handed techniques that can have serious consequences in our community. I have not heard of a community that has had this occur, but it is within the purview of the court/ state to impose this restriction.
If we end up in a lawsuit against the State or housing advocates group regarding our housing numbers, our legal fees would be a general fund expense and not be reimbursed by our insurance carrier. There is a high probability we would lose this court case and be forced to comply with the state mandated numbers. We could at that point lose control of where the re-zoning would occur and the densities that would be allowed.
Does this community want to spend general fund dollars to fight the state and/or housing advocates regarding its RHNA numbers? What is your opinion? What constructive ideas do you have?
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{ 2 comments… read them below or add one }
Let’s see this in East Yorba Linda. How about on Bastenchury beyond Lakeview? All but two areas in consideration are in West Yorba Linda. Are you trying to make this a slum area? We have enough high density housing in this area. Compare all of the apartments in West Yorba Linda to what is in East Yorba Linda. Sure is not balanced nor fair. The scale of justice is out of balance.
This is not an attempt to create any slum areas in Yorba Linda. we have to comply with the state mandate and identify housing locations. We do not have to build them. All projects above 10 units per acre will go to to voters of Yorba Linda because of our Measure B. The first site that is going to a vote is in east Yorba Linda. It is in the Savi Ranch area. The Measure B vote will be on the ballot this November. If this passes, it will off-load some of the density numbers we have to identify, not build, in the west end of town.