Chapter III

THE REQUIRED ELEMENTS

OF THE GENERAL PLAN

land use, circulation, housing, conservation, open space, noise, and safety.

This chapter reviews those requirements, with notes

on their origin, purpose, and scope. Key To Abbreviations In Chapter 3

The following symbols are used in this chapter to identify elements which might also address a particular issue.

(LU) - Land Use

(CI) - Circulation

(H) - Housing

(CO) - Conservation

(OS) - Open Space

(N) - Noise

(S) - Safety

(Map) or (diagram) indicates information that can be shown on

a map or diagram.

INTRODUCTION

Government Code Section 65300 requires every city and county to draw up and adopt "a comprehensive, longterm general plan for the physical development" of the community. At a minimum such a plan must cover specied provisions addressed by each of the seven elements listed in California Government Code Section 65302. The purpose of this chapter is to discuss in detail the contents of each of these seven elements. This chapter examines pertinent California Code sections as well as court and Attorney General interpretations. For each element relevant issues are identied and ideas for data and analysis and for development policies are listed.

There is a danger in amending general plans on a piecemeal basis and any local jurisdiction which does so should be wary. Elementbyelement revisions over a number of years can easily lead to general plans that are internally inconsistent. A city or county that uses this chapter to revise one general plan element at a time should rigorously examine its other elements (including optional ones) and make any necessary changes to avoid internal inconsistencies. To facilitate such scrutiny, the ideas for data and analysis and development policies listed in this chapter cross reference other potentially affected elements. In addition, this chapter begins with a discussion of the relationships among elements and issues to emphasize the importance of considering each element as an integrated part of the entire general plan.

A local government proposing a multielement revision to its general plan may wish to consolidate two or more of the elements. Consolidation reduces or eliminates the redundan cies that are inherent in a general plan that is revised elementbyelement. Chapter I contains a discussion of consolidation, including an example of how mandatory general plan issues might be arranged in a consolidated format.

Regardless of the format, a general plan " . . . shall consist of a statement of development policies and shall include a diagram or diagrams and text setting forth objectives, principles, standards and plan proposals" (Government Code Section 65302). These various forms of development policies along with the term, "diagram," are dened in Chapter I. It might be helpful to look over these denitions again before reading further into this chapter.

RELATIONSHIPS AMONG ELEMENTS AND ISSUES

While state planning law divides a general plan's required contents into seven distinct elements, this division is more a product of the incremental nature of the legislative process than of conscious design. The division of the general plan provisions into elements tends to mask the statutory and functional interrelationships among the elements and issues to be addressed in the general plan. Land Use Element Content

Mineral Resources

Statutorily, the requirements for the elements overlap and intertwine. For instance, geologic hazards are mentioned specically in the safety element and also appear under "open space for public health and safety" in the openspace element. Open space, in turn, is mentioned as one of the categories to be addressed in the land use element. Similarly, natural resources are to be addressed in the openspace and conservation elements as well as in the land use element. The noise element is directly tied to both the land use and the circulation elements.

The issues to be addressed in the general plan also interrelate functionally. The consideration of re hazards in wild land areas involves the analysis of vegetation, topography, weather, availability of water, density of development, adequacy of road systems and re protection services. As another example, housing considerations are directly linked to questions of land availability, the adequacy of public services, seismic, geologic, and re hazards, and noise.

Such structural and functional interrelations point out the problems of treating issues in isolation and the need to think of the general plan as an integrated whole. For these reasons and because of local topographic, geologic, climatologic, political, socioeconomic, eco nomic, cultural, and historical diversities, cities and counties should design their general plan formats to suit local needs. Chapter I offers an example of an element consolidation format that takes account of the statutory and functional interrelationships among the general plan elements and issues.

LAND USE ELEMENT

PERTINENT CALIFORNIA CODE SECTIONS

Government Code Section 65302(a): [The general plan shall include] a land use element which designates the proposed general distribution and general location and extent of the uses of the land for housing, business, industry, open space, including agriculture, natural resources, recreation, and enjoyment of scenic beauty, education, public buildings and grounds, solid and liquid waste disposal facilities, and other categories of public and private uses of land. The land use element shall include a statement of the standards of population density and building intensity recommended for the various districts and other territory covered by the plan. The land use element shall identify areas covered by the plan which are subject to ooding and shall be reviewed annually with respect to those areas. The land use element shall designate, in a land use category that provides for timber production, those parcels of real property zoned for timberland production pursuant to the California Timberland Productivity Act of 1982, Chapter 6.7 (commencing with Section 51100) of Part 1 of Division 1 of Title 5.

Government Code Section 65303: The general plan may . . . address any other subjects which, in the judgment of the legislative body, relate to the physical development of the county or city.

Public Resources Code Section 2762(a): Within 12 months of receiving the mineral information described in section 2671, and also within 12 months of the designation of an area of statewide or regional signicance within its jurisdiction, every lead agency shall, in accordance with state policy, establish mineral resource management policies to be incorpo rated in its general plan . . . .

Public Resources Code Section 2764(a): Upon the request of an operator or other interested person and payment by the requesting person of the estimated cost of processing the request, the lead agency . . . shall amend its general plan, or prepare a new specic plan or amend any applicable specic plan, that shall, with respect to the continuation of the existing surface mining operation for which the request is made, plan for future land uses in the vicinity of . . . the surface mining operation in light of the importance of the minerals to their market region as a whole . . . .

BACKGROUND

The land use element has the broadest scope of the seven mandatory elements. In theory, it plays the central role of correlating all land use issues into a set of coherent development policies. Its goals, objectives, policies, and programs relate directly to the other elements. In practice, it is the most visible and often used element in the local general plan. Although all general plan elements carry equal weight (Sierra Club v. Board of Supervisors (1981) 126 Cal.App.3d 875), the land use element is often perceived as being most representative of "the general plan."

COURT AND ATTORNEY GENERAL INTERPRETATIONS

Over the past decade, California courts and the State Attorney General have issued a number of opinions regarding the requirements for an adequate land use element. These interpreta tions have addressed the land use element with regard to the land use diagram, population density, building intensity, the designation of solid waste disposal sites and its relationship to the circulation and noise elements. Particular attention should be paid to the following court cases when preparing the land use element:

The Land Use Diagram

The concept of the diagram as a general guide to land use distribution rather than a parcel specic map was reiterated in the case of Las Virgenes Homeowners Association v. Los Angeles County (1986) 177 Cal.App.3d 310. There, the Court of Appeal upheld the adequacy of a county plan which contained a generalized land use map and which delegated specic land use interpretations to community plans. A discussion of diagrams as they relate to the general plan as a whole can be found in Chapter I of the Guidelines.

Population Density

Camp v. County of Mendocino (1981) 123 Cal.App.3d 334 established that a general plan must contain standards for population density. It did not however, dene such standards. The landmark case of Twain Harte Homeowners Association v. Tuolumne County (1982) 138 Cal.App.3d 664 dened population density as the "numbers of people in a given area and not the dwelling units per acre, unless the basis for correlation between the measure of dwelling units per acre and numbers of people is set forth explicitly in the plan." Quantiable standards of population density must be provided for each of the land use categories contained in the plan.

Population density can best be expressed as the relationship between two factors: the number of dwellings per acre and the number of residents per dwelling. Current estimates of the average number of persons per household are available from the Census Data Center of the State Department of Finance.

Population density standards need not be restricted solely to land use designations with residential development potential. As the court stated in Twain Harte: " . . . it would not be unreasonable to interpret the term "population density" as relating not only to residential density, but also to uses of nonresidential land categories and as requiring an analysis of use patterns for all categories.

" . . . it appears sensible to allow local governments to determine whether the statement of population standards is to be tied to residency or, more ambitiously, to the daily useage [sic] estimates for each land classication."

Building Intensity

The Camp decision also held that an adequate general plan must contain standards for building intensity. Again, the Twain Harte court has provided the most complete interpreta tion of building intensity available to date. These are its major points: intensity should be dened for each of the various land use categories in the plan; general use captions such as "neighborhood commercial" and "service industrial" are insufcient measures of intensity by themselves; and, building intensity is not synonymous with population density. Intensity will be dependent upon the local plan's context and may be based upon a combination of variables such as maximum dwelling units per acre, height and size limitations, and use restrictions. Unfortunately, the court stopped short of dening what are proper measures of building intensity.

Local general plans must contain quantiable standards of building intensity for each land use designation. These standards should dene the most intensive use that will be allowed under each designation. While the land use designation identies the type of allowable uses, the building intensity standard will dene the concentration of use.

OPR suggests that each intensity standard include these variables: (1) permitted lands uses and building types; and (2) concentration of use. Permitted uses and building types is a qualitative measure of the uses that will be allowable in each land use designation. The concentration of use can be dened by one or more quantitative measures that relate directly to the amount of physical development that will be allowed. Maximum dwelling units per acre is a good residential standard. Floor area ratio (the ratio of building oor area to the total site area) is a useful measure of commercial and industrial intensity. The dual standard of maximum lot coverage and maximum building height is suitable for agricultural, open space, and recreational designations where development is being limited. On the other hand, lot size, which has been widely used for agricultural and open space designations, is an inadequate standard of building intensity because although it regulates lot area, it does not quantify the allowable concentration of development on each lot.

Land Use Element

Solid Waste Sites

Concerned Citizens v. Calaveras County (1985) 166 Cal.App.3d 90, held that the general plan is not required to identify existing solid waste disposal sites. However, because the purpose of the land use element is to designate "the proposed general distribution and general location and extent" of land uses, the element must identify future sites.

Circulation

The Twain Harte and Concerned Citizens decisions also discussed the close relationship between the land use and circulation elements. Pursuant to the decisions of the Concerned Citizens, Twain Harte, and Camp v. Mendocino County (1981) 123 Cal.App.3d 334 courts, the general plan must reect both the anticipated level of land development (represented in the land use element) and the road system necessary to serve that level (represented in the circulation element). The road system proposed in the circulation element must be "closely, systematically, and reciprocally related to the land use element of the plan" ( Concerned Citizens, supra, at p. 100).

Noise

According to Section 65302(f), the noise element is to be used as " . . . a guide for establishing a pattern of land uses in the land use element . . . ." When the noise element is inadequate, the land use element may be invalid, as in the Camp case.

Multiple General Plan Documents

In Kings County Farm Bureau v. City of Hanford (1990) 221 Cal.App.3d 692 (as modified 222 Cal.App.3d 516a) the California Court of Appeal affirmed that a general plan may consist of several documents. Nevertheless, the information in associated documents, when not referenced by the general plan, may not compensate for deficiencies in the land use element.

RELEVANT ISSUES

Based upon the "shoe ts" doctrine of general plan comprehensiveness, the contents of the land use element may vary between jurisdictions. This discussion offers a general guide to the contents of the land use element. It should be noted that while the focus is on the minimum requirements for an adequate land use element, an effective general plan will exceed these minimums and devote more attention to issues of greatest community concern.

The purpose of the land use element is to designate "the proposed general distribution and general location and extent of uses of the land." The land use element, as an integral part of the general plan should be a document that is primarily concerned with the future development of the community and the planning area. In the words of the Calaveras court: "The obvious meaning of the term "proposed," is that the general plan indicate the . . . intended uses for the land rather than actual uses which may or may not be at odds with the . . . planning policy and goals."

A land use element should contain a sufcient number of land use categories to conveniently classify the various land uses identied by the plan. Land use categories should be descriptive enough to distinguish between levels of intensity and allowable uses and there should be categories reecting existing land use as well as projected development. It is not necessary that there be an equal number of land use designations and zoning classications. In many cases, there will be more than one zone which would be consistent with each designation.

The land use element should also address each of the following issues to the extent that it is relevant:

Distribution of housing, business, and industry;

Distribution of open space, including agricultural land;

Distribution of mineral resources and provisions for their continued availability;

Distribution of recreation facilities and opportunities;

Location of educational facilities;

Location of public buildings and grounds;

Location of future solid and liquid waste facilities;

Identication of areas subject to ooding; and,

Identication of existing Timberland Preserve Zone lands.

IDEAS FOR DATA AND ANALYSIS

The following are suggestions for the breadth of data and analysis that may be considered during the preparation of the land use element. These are based upon a close reading of the statutes and case law. When the information collected for the land use element overlaps that needed for other elements, the related element is noted in parenthesis.

Housing, Business, and Industry

· Inventory of existing residential, commercial, and industrial land use in the planning area. (diagram) (CI)

· Assessment of general housing needs based upon projected community growth trends. (H)

· Projections of needs for land use and space for residential, commercial, and industrial development, based upon projections of future population and economic conditions. (H)

· Categories and standards for establishing the allowable levels of residential, commercial, and industrial land use intensity. (CI)

· Population density standards for each land use category with residential potential. (CI)

· Programs for the implementation of the land use policies. (H)

Open Space

· Inventory of open space lands, including agricultural, forest, grazing, and recreational lands. (diagram) (CO, OS)

· Assessment of local open space needs based upon community goals and objectives, the existing open space/population ratio, and the anticipated population growth. (OS)

· Delineation of the boundaries of watersheds, aquifer recharge areas, oodplains, and the depth of groundwater basins (diagrams) (CO, S)

· Delineation of the boundaries and description of unique water resources (e.g., saltwater and freshwater marshes, wild rivers and streams, lakes). (CO)

· Description of the species, distribution, and population of wildlife and sh, including rare and endangered species. Normally, this will coincide with habitat inventory that includes: location and type of bodies of water; type, location and extent of plants, identied according to the State Department of Fish and Game's classication system; and, identication of key wildlife habitats including winter range and migration routes for deer, wintering and nesting grounds for water fowl and other birds, salmon spawning areas, and habitats of rare or endangered species. (diagram) (CO)

· Description of species of rare and endangered plants, their distribution, and rate of occurrence. (diagram) (CO)

Inventory of agricultural resources, including grazing land

· Identication of the location, amount and ownership patterns of land in agricultural production and suitable for agricultural production. (diagram) (OS)

· Classication of soils (including identication of prime agricultural land) in the planning area by Storie Index or Land Capability Classication. (diagram) (CO)

· Description of agricultural production in the planning area by crop type. (OS)

Inventory of mineral resources including the following

· Identication of the type, location, extent, and quality of mineral resources, including oil and gas. (diagram) (CO, OS)

· Location of mineral resource areas classied and designated by the State Mining and Geology Board pursuant to the Surface Mining and Reclamation Act. (diagram) (CO, OS)

Inventory of other natural resources

· Inventory of areas available for other natural resources such as wind energy generation, hydroelectric power, geothermal power, and large-scale solar power.

Assessment of the demand for public and private parks and recreational facilities and an inventory of areas suitable for parks and recreational purposes, including the following.

· Description of the type, location, and size of existing public and private parks and recreation facilities. (diagram)

· Assessment of present and future demands for parks and recreational facilities, including trails, river and lake access, and per capita supply of parks (acres/thousand inhabitants).

· Identication of future park and recreation sites.

· Review of federal, state, and local plans for the acquisition and improvement of public parks. (diagram)

· Inventory and analysis of areas of outstanding scenic beauty. (diagram) (OS)

· Programs for the protection, conservation, and acquisition of open space lands. (OS)

Enjoyment of scenic beauty

· Inventory of scenic "viewsheds" and points of interest. (OS)

· Denition of community scenic values.

· Programs for protecting and promoting community aesthetics. (OS)

· Identication of scenic drives and highways. (OS)

Education

· Inventory of existing schools and school facilities. (diagram)

· Assessment of the adequacy of school facilities and the need, if any, for additional facilities, based upon existing and projected numbers of school aged children. The projections should correlate with projected residential development.

Public buildings and grounds

· Inventory of public buildings and grounds. (diagram)

· Assessment of need for additional facilities, based upon projected increases in land use intensity and population and the correlated need for additional services.

Solid and liquid waste facilities

· Inventory of existing solid and liquid waste disposal facilities, correlated with the County Integrated Waste Management Plan and the Hazardous Waste Management Plan. (diagram) (CI)

· Assessment of the need for additional facilities, based upon the projected levels of land use and population and correlated with the County Integrated Waste Management Plan and the Hazardous Waste Management Plan.

· Inventory of proposed solid and liquid waste disposal and transformation sites. (diagram)

· Identication of land uses near existing solid waste and liquid waste facilities, waste to energy plants, and sites reserved for future such facilities. (OS)

Assessment of the potential for ooding, including the following

· Historical data on ooding. (CO, OS, S)

· Identication of areas subject to inundation by a 100year ood. (diagram) (CO, OS, S)

· Identication of oodways and ood channels. (diagram) (CO, OS, S)

· Data on areas subject to inundation as a result of dam failure. (S)

· Identication of areas subject to ooding as a result of tidal action occurring in conjunction with river and stream runoff. (S)

Timber production

· Description of the location, type, amount, and ownership of land and timber resources subject to timberland preserve zoning. (diagram)

Other categories of public and private uses of land

· Redevelopment area projects.

· Local Coastal Plan provisions.

· Inventory of lands subject to regulation by other agencies (state land, federal land, etc.).

IDEAS FOR DEVELOPMENT POLICIES

The land use element will contain general development policies, including goals, objectives, specic policies, programs, and plan proposals for guiding the future development of the city or county. In general, the distribution of land use categories that is reected in the plan diagram should comply with these policies. While it can be expected that there will be existing development that may not adhere to the development policies promoted by the plan, new and future development should be in uniform compliance. The plan should put forth policies that clearly establish the spatial relationships between the land use categories. Such policies adopted by the local jurisdiction should address each of the issues discussed in the land use element. They will form the framework for plan proposals and implementation programs. In some instances the ability to require exactions of new development (for example, park and recreation facilities under the Quimby Act (Government Code Section 66477)) will be dependent upon general plan policies. The following subjects should be addressed through development policies in the land use element.

· The amount, location, distribution, density and intensity of each land use proposed by the plan. (CI, OS, CO, H, S, N)

· The location of new development, including consideration of its impacts on surrounding land uses and infrastructure. (CI, OS, CO, H, S, N)

· Denition of the spatial relationships between types of land use (housing, business, industry, open space, etc.).

· The type, location, and intensity of development (if any) to be allowed within ood hazard areas. (CO, S)

· Development regulations for open space areas. (OS)

· The analysis, approval, and regulation of future liquid and solid waste sites coordinated with the County Integrated Waste Management Plan. (CI)

· Hazardous waste sites coordinated with the Hazardous Waste Management Plan.

· The evaluation and regulation of timberland preserve zones.

· The location, acquisition, development, and management of public and private parks and recreational areas, including access to lake shores, beaches, rivers, and streams.

· The promotion and protection of areas of scenic beauty, including policies regulating development.

· The relationship between the land use element and the local zoning, subdivision, and building ordinances.

· The location, type, and height of development in the areas surrounding airports, correlated to the local Airport Land Use Plan.

· The location of schools and the future use of surplus school facilities, coordinated with the plans of local school district(s).

· The development, maintenance, and siting of existing and projected public facilities, including buildings and infrastructure.

· Policies ensuring the compatibility of nearby land uses with existing solid waste and liquid waste facilities and with sites reserved for future facilities. (OS)

· The relationship between the distribution of land uses and the local capital improvements program and guidelines for the timing and siting of capital improvements.

· The protection and future productivity of mineral resource lands, including signicant mineral deposits classied or designated by the Division of Mines and Geology.

· General plan designations to allow local governments to comply with Government Code Section 65589.5(d)(6) regarding the approval of low and moderate income housing. (H)

The following state agencies may provide information or assistance for the preparation of the land use element: Business, Transportation and Housing Agency (including Caltrans and Caltrans districts), California Coastal Commission, State Coastal Conservancy, Department of Commerce, Department of Conservation (Division of Land Resource Protection), Economic Development Commission, California Energy Commission, Department of Education, Agriculture, Department of Forestry and Fire Protection, General Services Department of Health Services (Toxic Substances Control Division), Department of Housing and Community Development, California Housing Finance Agency, Public Utilities Commission, California Integrated Waste Management Board, Department of Water Resources, and Ofce of Planning and Research.

CIRCULATION ELEMENT

PERTINENT GOVERNMENT CODE SECTIONS

Government Code Section 65302(b): [The general plan shall include] a circulation element consisting of the general location and extent of existing and proposed major thoroughfares, transportation routes, terminals, and other local public utilities and facilities, all correlated with the land use element of the plan.

Government Code Section 65303: The general plan may . . . address any other subjects which, in the judgment of the legislative body, relate to the physical development of the county or city.

BACKGROUND

The circulation element, required by state law since 1955, is not simply a transportation plan. It is actually an infrastructure plan that concerns itself with the circulation of people, goods, energy, water, sewage, storm drainage, and communications. Its provisions support the goals, objectives, policies and proposals of the land use element. In turn the land use element is a reection of a community's circulation system and the planning proposals for that system. It is no wonder that long before any other general plan elements were mandated, state law required the circulation element to be correlated with the land use element. Perhaps the correlation requirement was a forerunner of the internal consistency provision of Govern ment Code Section 65300.5. The circulation element also has direct relationships with the housing, openspace, noise and safety elements.

The provisions of a circulation element affect a community's physical, social and economic environment as follows:

· Physical: The circulation system is one of the chief generators of physical settlement patterns, and its location, design and constituent modes have major impacts on air quality, plant and animal habitats, environmental noise, energy use, community appearance and other environmental components.

· Social: The circulation system is a primary determinant of the pattern of human settlement. It has a major impact on the areas and activities which it serves, on community cohesion, and on the quality of human life. The circulation system should be accessible to all segments of the population, including the disadvantaged, the young, the poor, the elderly, and the handicapped.

· Economic: Economic activities normally require circulation for materials, products, ideas or employees, and thus the viability of the community's economy is directly affected by the circulation element. The efciency of a community's circulation system can either contribute to or adversely affect that community's economy.

No city or county is an island in its regional setting. It is therefore prudent for a local planning agency to coordinate its circulation element provisions with applicable state and regional transportation plans (see Government Code Sections 65103(f) and 65080 et seq.). Likewise, the state must coordinate its plans with local governments (Government Code Section 65080(a)) and the federal government is under a similar obligation (Section 134, Title 23 of the U.S. Code).

Caltrans is particularly interested in the transportation planning roles of local general plans - particularly the circulation elements. The state transportation agency believes the following areas should be emphasized in the development of local general plans:

· The coordination of planning efforts between local agencies and Caltrans districts.

· The preservation of transportation corridors for future system improvements.

· The development of coordinated transportation system management plans that achieve the maximum use of present and proposed infrastructure.

These areas of emphasis are addressed through Caltrans' Advance Transportation System Development Program. One of the program's major purposes is to resolve transportation problems early enough in the local land use development process to avoid costly delay to development. The coordination of state and local transportation planning is a key to the success of a circulation element.

COURT INTERPRETATIONS

In Kings County Farm Bureau v. City of Hanford (1990) 221 Cal.App.3d 692 (as modified 222 Cal.App.3d 516a) the California Court of Appeal affirmed that a general plan may consist of several documents. Nevertheless, the information in associated documents, when not referenced by the general plan, may not compensate for deficiencies in the circulation element.

Three California appellate cases have addressed the subject of correlation between the circulation and land use elements: Concerned Citizens of Calaveras County v. Board of Supervisors of Calaveras County (1985) 166 Cal.App.3d 90, Twain Harte Homeowners Association v. County of Tuolumne (1982) 138 Cal.App.3d 664, and Camp v. Mendocino County Board of Supervisors (1981) 123 Cal.App.3d 334. The Concerned Citizens case sheds some light on the term "correlated" as follows:

" 'Correlated' means 'closely, systematically, or reciprocally related . . . .' [Webster's Third New Internat. Dict. (1981) p. 511.] Section 65302 [of the Government Code] therefore requires that the circulation element of a general plan, including its major thoroughfares, be closely, systematically, and recipro cally related to the land use element of the plan.

"In its more concrete and practical application, the correlation requirement in subdivision (b) of [Government Code] Section 65302 is designed to insure that the circulation element will describe, discuss and set forth "standards" and "proposals" respecting any change in demands on the various roadways or transportation facilities as a result of changes in uses of land contemplated by the plan. (See Twain Harte Homeowners Assn. v. County of Tuolumne (1982) 138 Cal.App.3d at p. 701; and Camp v. Board of Supervisors (1981) 123 Cal.App.3d at p. 363.) The statutory correlation requirement is evidently designed in part to prohibit a general plan from calling for unlimited population growth in its land use element, without providing in its circulation element, 'proposals' for how the transportation needs of the increased population will be met."

After dening "correlated," the Concerned Citizens decision pointed out a situation where correlation does not exist. The court stated:

"We conclude the [Calaveras County] general plan cannot identify substantial problems that will emerge with its state highway system, further report that no known funding sources are available for improvements necessary to remedy the problems, and achieve statutorily mandated correlation with its land use element (which provides for substantial population increases) simply by stating that the county will solve its problems by asking other agencies of government for money. To sanction such a device would be to provide counties with an abracadabra by which all substance in section 65302's correlation requirement would be made to disappear."

The Concerned Citizens decision appears to have limited its search for evidence of correlation to Calaveras County's circulation element. By contrast, the Twain Harte case (which originated in a different appellate district) indicates that the courts will look beyond the circulation element to supporting documents (e.g., other sections of the general plan) when such evidence is not readily apparent (Twain Harte , supra, at p. 701). The court in the Camp decision upon discovering that correlation was not "expressly shown" in Mendocino County's circulation element, apparently attempted to nd it by means of construction (Camp, supra, at p. 363). To be on the safe side, local governments should provide explicit evidence of correlation in both their circulation and land use elements.

The Twain Harte case indicates that the courts will not automatically presume the existence of correlation simply because a local government has adopted both its circulation and land use elements. Although general plans, as legislative enactments of the police power, will be presumed valid by the courts (in the sense that they are not arbitrary and capricious, but instead are reasonably related to promoting or protecting the health, safety or welfare), such plans must nevertheless be in substantial compliance with state law. (See Camp at p. 348 and Buena Vista Gardens Apartments Association v. City of San Diego Planning Department (1985) 175 Cal.App.3d 289, 298.) In other words, the courts will review a plan for its actual compliance with the requirements of the state's general plan statutes.

In the wake of the U.S. Supreme Court's Nollan decision on takings, there has been a case relating road exactions to the circulation element. The court in Rohn v. City of Visalia (1989) 214 Cal.App.3d 1463 overturned a street dedication requirement on the basis of inadequate nexus evidence. Since the dedication requirement was supported in part by the city's general plan (but not by empirical evidence), this case may indicate that the general plan by itself is not armor against a takings claim. If the circulation element is to be an effective basis for exactions, it must be based upon trafc studies that are sufciently detailed to link land uses and related demand to future dedications.

RELEVANT ISSUES

Although the list of mandatory circulation element issues is relatively short, it is, nevertheless, encompassing. Issues such as "transportation routes" and "other local public utilities and facilities" could, depending upon the local situation, cover a wide variety of topics. Mandatory circulation issues are:

· Major thoroughfares

· Transportation routes

· Terminals

· Other local public utilities and facilities

In addressing the above mandatory issues, cities and counties may wish to consider the following topics. The list below was derived from the mandatory issues and is also based on possible local optional issues. It is not meant to be allinclusive.

· Streets and highways

· Public transit routes, stops and terminals (e.g., for buses, light rail systems, rapid transit systems, commuter railroads, ferryboats, etc.

· Private bus routes and terminals

· Bicycle and pedestrian routes and facilities

· Truck routes

· Railroads and railroad depots

· Paratransit plan proposals (e.g., for jitneys, car pooling, van pooling, taxi service, and dialaride)

· Navigable waterways, harbors (deepdraft and smallboat), and terminals

· Airports (commercial, general and military)

· Parking facilities

· Transportation system management

· Air pollution from motor vehicles

IDEAS FOR DATA AND ANALYSIS

Once a city or county has identied its circulation issues and goals, the planning agency should collect and analyze data. The following suggestions are meant to stimulate thinking rather than encompass all the research possibilities that go into preparing or amending a circulation element.

Mandatory

Suggested

Major Thoroughfares and Transportation Routes

· Assess the adequacy of the existing street and highway systems and the need for expansion, improvements and/or transportation system management as a result of trafc generated by planned land use changes. (LU)

· Analyze existing street and highway trafc conditions. (N)

· Determine current street and highway capacities.

· Determine existing trafc volumes (using peakrate ows).

· Determine the levels of service of existing streets and highways.

· Determine the abilities of streets and highways to accommodate local bus transit services.

· Analyze projected street and highway trafc conditions. (N)

· Estimate the number of trips generated by proposed land uses.

· Make assumptions about the routes of such trips.

· Make assumptions about the modal split (i.e., estimate the percentages of trips by transit, passenger car, van pools, etc.).

· Project future trafc volumes on existing streets and highways (using peakrate ows) by adding together current trafc volumes and the estimated marginal increase in volumes resulting from planned land use changes.

Computer Program Capabilities

The following descriptions of computer software, though not comprehensive, suggest the range of transportation programs that are available to planners who are collecting and analyzing circulation element data. Programs are available which:

· Estimate urban travel volumes, trip generation, distribution, mode split, and trip assignment. (One program calculates trafc generated by 80 different land uses or building types.)

· Predict changes in transit use as a result of changes in transit fares, headways, vehicle travel times and access/egress times.

· Locate the stops, computes the order of stops and provides shortest trip routes for van pools, transit and other multistop trips.

· Assist planners and local zoning boards in predicting the impact of a development on local roads.

· Provide a simple interactive graphics network analysis package suitable for simple shortest path and trafc assignment.

· Estimate population and employment redistributions due to highway projects in or near small communities.

· Calculate the maximum building size for a parcel of land with given zoning and parking requirements.

· Analyze single intersections for the purpose of achieving optimum trafc signalization efciency (for the purpose of minimizing air pollution).

· Estimate the air quality impacts of a roadway and intersection design.

· Calculate energy savings associated with transitrelated transportation system manage ment actions.

· Estimate the air quality impacts of proposed changes in land use based on projected vehicle trips and speeds.

· Determine the effects of projected trafc volumes on existing street and highway capacities.

· Determine the future levels of service of existing streets and highways.

· Review trafc projects pertinent to local planning that are proposed within neighboring jurisdictions.

· Review pertinent regional transportation plan and project funding priorities under the regional transportation improvement program.

· Compare projected levels of service with desired levels.

· Analyze the potential effects of alternative plan proposals and implementation measures (related to transportation and/or land use) on desired projected levels of service.

· Historical data and trends with regard to automobile accidents.

· Analysis of the physical condition of sidewalks, streets, highways and bridges.

References For Transportation Planning Computer Software

The U.S. Department of Transportation has prepared a comprehensive listing of microcomputer software for transportation entitled UTPS Microcomputers in Transportation Software and Source Book. Copies can be obtained by calling 202/3664208 or by sending a selfaddressed gummed label to:

Technology Sharing Program (I30SS)

Ofce of the Assistant Secretary for Governmental Affairs

U.S. Department of Transportation

Washington, D.C. 20590

The Institute of Transportation Studies, University of California, Berkeley, maintains a data base called INFO TAP that lists and "downloads" (provides copies of) current public domain transporta tion software. Planners may obtain access to INFO TAP by using a modem and calling 415/6427088. For more information contact the institute at:

Institute of Transportation Studies

University of California, Berkeley

107 McLaughlin Hall

Berkeley, CA 94720

415/6421008

Planners can also obtain information about software by contacting:

Regional Travel Forecasting Branch

Division of Transportation Planning

California Department of Transportation

P.O. Box 942874

Sacramento, CA 942740001

916/4458238

Information regarding software that estimates transportationrelated air quality impacts of land use changes can be obtained by contacting the California Air Resources Board at:

Technical Support Division

California Air Resources Board

P.O. Box 2815

Sacramento, CA 95812

916/3225350

· Evaluation of the use of existing transportation terminals. (LU)

· Evaluation of the need for new or relocated transportation terminals. (LU)

Local Public Utilities and Facilities

· Assessment of the adequacy and availability of existing community water, sewer, and drainage facilities and the need for expansion and improvements. (LU)

· Existing and projected capacity of treatment plants and trunk lines.

· Trends in peak and average daily ows.

· Inventory and location of existing and proposed power plants, oil and natural gas pipelines, and major electric transmission lines and corridors. (LU)

· Assessment of current power plant development and potential future development. Consider such factors as the demand for transmission facilities, the transport and storage of hazardous materials, and local transportation impacts of current and future power plant developments. (LU, S)

Transit

· Assessment of the needs of people who depend on public transit.

· Number and distribution of households without an automobile.

· Assessment of the transportation needs of special groups within the population and the extent to which such needs are being met (e.g., the handicapped and elderly).

· Assessment of the adequacy of existing transit routes, services and facilities and the need for expansion and improvements.

· Trends in transit use and estimates of future demand.

· Determination of existing and projected levels-of-service for transit.

· Review of regional transportation improvement program.

Private Buses

· Evaluation of private bus company services.

· Identication of the private bus routes within the local jurisdiction.

· Evaluation of the transportation needs that are or are not being met by private bus companies.

· Determination of the private bus company plans to provide bus service in the future.

Bicycles and Pedestrians

· Assessment of the adequacy of existing bicycle routes and facilities and the need for new ones.

· Trends in bicycle ownership and usage.

· Assessment of the levelofservice of pedestrian facilities (both current and future levels).

· Assessment of historical data and trends with regard to bicycle and pedestrian accidents.

Truck Routes

· Identication of existing truck routes. (N)

· Determination of needed changes in truck routes.

Railroads

· Inventory of rail lines and facilities and assessment of plans for expansion and improve ments. (LU, N)

Useful Transportation Element Denitions And Information

LevelsofService: According to the Transportation Research Board's 1985 Highway Capacity Manual Special Report 209, levelofservice is a qualitative measure describing the efciency of a trafc stream. It also describes the way such conditions are perceived by persons traveling in a trafc stream. Levelsofservice measurements describe variables such as speed and travel time, freedom to maneuver, trafc interruptions, traveler comfort and convenience, and safety. Measurements are graduated ranging from levelofservice A (representing free ow and excellent comfort for the motorist, passenger or pedestrian) to levelofservice F (reecting highly congested trafc conditions where trafc volumes exceed the capacities of streets, sidewalks, etc.). Levelsofservice can be determined for a number of transportation factors including freeways, multilane highways, twolane highways, signalized intersections, intersections that are not signalized, arterials, transit and pedestrian facilities.

Paratransit: Transportation systems, such as jitneys, car pooling, van pooling, taxi service, and dialaride arrangements.

Recreational Trails: Public areas that include pedestrian trails, bikeways, equestrian trails, boating routes, trails, and areas suitable for use by physically handicapped people, trails and areas for offhighway recreational vehicles, and crosscountry skiing trails.

Streets and Highways: A jurisdiction's planning of streets and highways may involve the following terms:

Arterial: A major street carrying the trafc of local and collector streets to and from freeways and other major streets, with controlled intersections and generally providing direct access to properties.

Collector: A street for trafc moving between arterial and local streets, generally providing direct access to properties.

Expressway: A highway with full or partial control of access with some intersections at grade.

Freeway: A highway serving highspeed trafc with no crossings interrupting the ow of trafc (i.e., no crossings at grade). Streets and Highways Code Section 23.5, in part, states that "Freeway means a highway in respect to which the owners of abutting lands have no right or easement of access to or from their abutting lands or in respect to which such owners have only limited or restricted right or easement of access."

Local Street: A street providing direct access to properties and designed to discourage throughtrafc.

Scenic Thoroughfares: The following are scenic thoroughfare terms that planners may encounter:

Local Scenic Highway: A segment of a state or local highway or street that a city or county has designated as "scenic."

Ofcial County Scenic Highway: A segment of a county highway the Director of the Department of Transportation (Caltrans) has designated as "scenic."

Ofcial State Scenic Highway: A segment of a state highway identied in the Master Plan of State Highways Eligible for Ofcial Scenic Highway Designation and designated by the Director of the Department of Transportation (Caltrans).

Scenic Highway Corridor: The visible area outside the highway's rightofway, gener ally described as "the view from the road."

Transit: Urban and suburban rail, bus systems and ferryboats.

Circulation Element

· Determination of transportation needs that are or are not being met by railroads.

· Identify abandoned railroad rights of way which could be preserved for future transpor tation corridor use. (LU)

Paratransit

· Inventory of paratransit services and routes.

· Inventory of existing paratransit services and uses.

· Identication of the needs served by paratransit.

· Determination of future paratransit needs.

Navigable Waterways, Ports and Harbors

· Assessment of the adequacy of navigable waterways and port and harbor facilities, including the need for expansion and improvements. (LU, OS)

· Historical data on the use of facilities and vessel registrations.

· Projection of future demand based on new or expanded economic activities and recre ational trends.

· Projection of future needs for navigable waterways and port and harbor facilities.

· Review of plans for improvements by harbor and port districts.

Airports

· Assessment of the adequacy of and safety hazards associated with existing aviation facilities (general, commercial and military) and the need for expansion and improvements.

· Inventory of potential safety hazards posed by airport activities to surrounding land uses. (N)

· Inventory of potential safety hazards to aircraft passengers posed by existing or proposed land uses near airports.

· Assessment of the provisions of an airport land use commission plan prepared pursuant to Public Utilities Code Section 21675. (N)

· Aircraft landings and takeoffs.

· Descriptions of facilities.

Parking Facilities

· Assessment of the adequacy of existing on and offstreet parking, particularly in urban and commercial areas. (LU)

· Assessment of the affects of parking policies (i.e., off-street parking standards, on-street parking restrictions, graduated parking fees, etc.) on congestion, energy use, air quality, and public transit ridership.

Transportation System Management

· Analysis of existing and projected transportation system levels of service. (LU)

· Identication of existing and proposed modes of transportation.

· Analysis of the projected effects on the transportation system of construction improve ments versus the projected effects of transportation system management.

· Comparison of the costs of construction improvements versus the costs of transportation system management.

· High Occupancy Vehicle (HOV) lane usage.

· Vehicle occupancy counts.

Circulation Element

Air Pollution from Motor Vehicles

· Estimation of air quality impacts. (CO, LU)

· Analysis of air quality trends.

· Assessment of existing air quality.

· Estimation of air quality impacts of motor vehicle trips generated by land use changes and new thoroughfares.

· Identication and evaluation of measures that will reduce the air quality impacts of motor vehicle trips. (CO, LU)

IDEAS FOR DEVELOPMENT POLICIES

The circulation element should contain goals, objectives, policies, principles, plan proposals and/or standards for planning the infrastructure supporting the circulation of people, goods and communications. These development policies should be carefully correlated with the provisions of the land use element. With this and the above ideas for data and analysis in mind, cities and counties may wish to consider development policies for:

· The location and design of major thoroughfares in new developments. (N)

· The development and improvement of major thoroughfares, including future acquisi tions and dedications, based on proposed land use patterns and projected demand. This may include a street and highway classication system. (LU)

· The levels-of-service of transportation routes, intersections and transit.

· The circulation between housing and work places. (LU)

· The scheduling and nancing of circulation system maintenance projects.

· The locations and characteristics of transportation terminals. (LU)

· The development, improvement, timing and location of community sewer, water, and drainage lines and facilities. (LU, CO)

· The current and future locations of:

- Oil and natural gas pipelines.

- Power plants.

- Major electric transmission lines and corridors. (LU) (diagram)

· The acquisition of necessary public utility rightsofway. (LU)

· The selection and carrying out of nancing measures to expand and improve public utilities.

· Transportation and utilityrelated exactions.

· Assistance to those who cannot afford public utility services.

· The mix of transportation modes proposed to meet community needs.

· The development and improvement of transit and paratransit services.

· Transit and paratransit assistance.

· The roles of railroads and private bus companies in the transportation system. (N)

· The development and improvement of rail and private bus facilities and services.

· The encouragement of railroad and private bus company services.

· The preservation of abandoned railroad rights of way for future transportation corridor use. (LU)

· The development and improvement of bicycle routes and walkways.

· Proposed truck routes. (N)

· The basis for truck route regulations. (N)

· The safety of the traveling public including pedestrians and bicyclists.

· The development and improvement of port, harbor, and waterway facilities. (LU, CO)

· The development and improvement of aviation facilities. (LU)

· The mitigation of aviationrelated hazards (including hazards to aircraft and hazards posed by aircraft). (LU, N)

· The consistency of the general plan with the provisions of an airport land use commission plan. (Government Code Section 65302.3) (LU, N)

· Strategies for the management of parking supply such as increased parking fees, graduated parking fees, metered on-street parking, and staggered work schedules.

· Strategies for the control of parking demand such as improved transit service, amenities for bicyclists, and subsidized rideshare vehicles.

· The use of transportation system management.

· The roles of the private sector and various public agencies in developing, improving and maintaining circulation infrastructure.

· Policies that reduce motor vehicle air pollution. (LU, CO)

Technical Assistance

The following state agencies may provide information or assistance for the preparation of the circulation element: Department of Transportation (Caltrans), Public Utilities Com mission, Transportation Commission, and Ofce of Planning and Research. Caltrans has the following sources of information:

· Assembly of Statistical Reports: California Public Road Data

· Directory of California Trip Reduction Ordinances

· District System Management Plans

· Interregional Road System Plan

· Regional Transportation Plan Evaluation Report

· Route Concept Reports

· Route Development Plans

· Route Segment Reports

· System Management Data Bases

HOUSING ELEMENT

PERTINENT GOVERNMENT CODE SECTIONS

Note: Due to the length of the housing element statutes, the following is not a complete collection of pertinent code sections. Readers are urged to read the entire housing element statute in detail, beginning with Government Code Section 65580, before preparing or revising a housing element.

Government Code Section 65583: The housing element shall consist of an identication and analysis of existing and projected housing needs and a statement of goals, policies, quantied objectives, and scheduled programs for the preservation, improvement, and development of housing. The housing element shall identify adequate sites for housing, including rental housing, factory-built housing, and mobilehomes, and shall make adequate provision for the existing and projected needs of all economic segments of the community. The element shall contain all of the following:

(a) An assessment of housing needs and an inventory of resources and constraints relevant to the meeting of these needs. The assessment and inventory shall include the following:

(1) Analysis of population and employment trends and documentation of projections and a quantication 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 in accordance with Section 65584.

(2) Analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition.

(3) An inventory of land suitable for residential development, 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.

(4) Analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures.

(5) Analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of nancing, the price of land, and the cost of construction.

(6) Analysis of any special housing needs, such as those of the handicapped, elderly, large families, farmworkers, families with female heads of households, and families and persons in need of emergency shelter.

(7) Analysis of opportunities for energy conservation with respect to residential develop ment.

(8) An analysis of existing assisted housing developments that are eligible to change to non -low-income housing uses during the next 10 years due to termination of subsidy contracts, mortgage prepayment, or expiration of use restrictions. "Assisted housing developments," for the purpose of this section, shall mean multifamily rental housing that receives governmental assistance under federal programs listed in subdivision (a) of Section 65863.10, state and local multifamily revenue bond programs, local redevelopment programs, the federal Community Development Block Grant Program, or local in-lieu fees. "Assisted housing developments" shall also include multifamily rental units that were developed pursuant to a local inclusionary housing program or used to qualify for a density bonus pursuant to Section 65916.

(A) The analysis shall include a listing of each development by project name and address, the type of governmental assistance received, the earliest possible date of change from low -income use and the total number of elderly and non-elderly units that could be lost from the locality's low-income housing stock in each year during the 10-year period. For purposes of state and federally funded projects, the analysis required by this subparagraph need only contain information available on a statewide basis.

(B) The analysis shall estimate the total cost of producing new rental housing that is comparable in size and rent levels, to replace the units that could change from low-income use, and an estimated cost of preserving the assisted housing developments. This cost analysis for replacement housing may be done aggregately for each ve-year period and does not have to contain a project by project cost estimate.

(C) The analysis shall identify public and private nonprot corporations known to the local government which have legal and managerial capacity to acquire and manage these housing developments.

(D) The analysis shall identify and consider the use of all federal, state, and local nancing and subsidy programs which can be used to preserve, for lower income households, the assisted housing development, identied in this paragraph, including, but not limited to, federal Community Development Grant Program funds, tax increment funds received by a redevelopment agency of the community, and administrative fees received by a housing authority operating within the community. In considering the use of these nancing and subsidy programs, the analysis shall identify the amounts of the funds under each available program which have not been legally obligated for other purposes and which could be available for use in preserving assisted housing developments.

(b) A statement of the community's goals, quantied objectives, and policies relative to the maintenance, preservation, improvement, and development of housing.

It is recognized that the total housing needs identied pursuant to subdivision (a) may exceed available resources and the community's ability to satisfy this need within the content of the general plan requirements outlined in Article 5 (commencing with Section 65300). Under these circumstances, the quantied objectives need not be identical to the identied existing housing needs, but should establish the maximum number of housing units that can be constructed, rehabilitated, and conserved over a ve-year time frame.

(c) A program which sets forth a ve-year schedule of actions the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element through the administration of land use and development controls, provision of regulatory concessions and incentives, and the utilization of appropri ate federal and state nancing and subsidy programs when available and the utilization of moneys in a Low and Moderate Income Housing Fund of an agency if the locality has established a redevelopment project area pursuant to the Community Redevelopment Law (Division 24 (commencing with Section 33000) of the Health and Safety Code). In order to make adequate provision for the housing needs of all economic segments of the community, the program shall do all of the following:

(1) Identify adequate sites which will be made available through appropriate zoning and development standards and with public services and facilities needed to facilitate and encourage the development of a variety of types of housing for all income levels, including rental housing, factory-built housing, mobilehomes, emergency shelters and transitional housing in order to meet the community's housing goals as identied in subdivision (b).

(2) Assist in the development of adequate housing to meet the needs of low- and moderate -income households.

(3) Address and, where appropriate and legally possible, remove governmental constraints to the maintenance, improvement, and development of housing.

(4) Conserve and improve the condition of the existing affordable housing stock.

(5) Promote housing opportunities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, or color.

(6) Preserve for lower income households the assisted housing developments identied pursuant to paragraph (8) of subdivision (a). The program for preservation of the assisted housing developments shall utilize, to the extent necessary, all available federal, state, and local nancing and subsidy programs identied in paragraph (8) of subdivision (a), except where a community has other urgent needs for which alternative funding sources are not available. The program may include strategies that involve local regulation and technical assistance.

The program shall include an identication of the agencies and ofcials responsible for the implementation of various actions and the means by which consistency will be achieved with other general plan elements and community goals. 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 element, and the program shall describe this effort.

(d) The analysis and program for preserving assisted housing developments required by the amendments to this section enacted by the Statutes of 1989 shall be adopted as an amendment to the housing element by January 1, 1992.

(e) Failure of the department [of Housing and Community Development] to review and report its ndings pursuant to Section 65585 to the local government between January 1, 1992, and the next periodic review and revision required by Section 65588, concerning the housing element amendment required by the amendments to this section by the Statutes of 1989, shall not be used as a basis for allocation or denial of any housing assistance administered pursuant to part 2 (commencing with Section 50400) of Division 31 of the Health and Safety Code.

Government Code Section 65585: (a) Each local government shall consider the guidelines adopted by the department pursuant to Section 50459 of the Health and Safety Code in the preparation and amendment of its housing element pursuant to this article. Those guidelines shall be advisory to each local government in order to assist it in the preparation of its housing element.

(b) At least 90 days prior to adoption of the housing element, or at least 45 days prior to the adoption of an amendment to this element, the planning agency of a local government shall submit a draft of the element or amendment to the department. The department shall review drafts submitted to it and report its ndings to the planning agency within 90 days of receipt of the draft in the case of adoption of the housing element pursuant to this article, or within 45 days of receipt of the draft in the case of an amendment. The legislative body shall consider the department's ndings prior to nal adoption of the housing element or amendment unless the department's ndings are not available within the above prescribed time limits. If the department's ndings are not available within those prescribed time limits, the legislative body may take the department's ndings into consideration at the time it considers future amendments to the housing element.

(c) Each local government shall provide the department with a copy of its adopted housing element or amendments. The department may review adopted housing elements or amendments and report its ndings.

(d) Except as provided in Section 65586, any and all ndings made by the department pursuant to subdivisions (b) and (c) shall be advisory to the local government.

Government Code Section 65588: (a) Each local government shall review its housing element as frequently as appropriate to evaluate all of the following:

(1) The appropriateness of the housing goals, objectives, and policies in contributing to the attainment of the state housing goal.

(2) The effectiveness of the housing element in attainment of the community's housing goals and objectives.

(3) The progress of the city, county, or city and county in implementation of the housing element.

(b) The housing element shall be revised as appropriate, but not less than every ve years, to reect the results of this periodic review.

In order to facilitate effective review by the department of housing elements, local governments following shall prepare and adopt the rst two revisions of their housing elements no later than the dates specied in the following schedule, notwithstanding the date of adoption of the housing elements in existence on the effective date of the act which amended this section during the 1983-84 session of the Legislature.

(1) Local governments within the regional jurisdiction of the Southern California Association of Governments: July 1, 1984, for the rst revision and July 1, 1989, for the second revision.

(2) Local governments within the regional jurisdiction of the Association of Bay Area Governments: January 1, 1985, for the rst revision, and July 1, 1990, for the second revision.

(3) Local governments within the regional jurisdiction of the San Diego Association of Governments, the Council of Fresno County Governments, the Kern County Council of Governments, the Sacramento Council of Governments, and the Association of Monterey Bay Area Governments: July 1, 1985, for the rst revision and July 1, 1991, for the second revision.

(4) All other local governments: January 1, 1986, for the rst revision, and July 1, 1992, for the second revision.

(c) The review and revision of housing elements required by this section shall take into account any low- or moderate-income housing which has been provided or required pursuant to Section 65590.

(d) The review pursuant to subdivision (c) shall include, but need not be limited to, the following:

(1) The number of new housing units approved for construction within the coastal zone after January 1, 1982.

(2) The number of housing units for persons and families of low or moderate income, as dened in Section 50093 of the Health and Safety Code, required to be provided in new housing developments either within the coastal zone or within three miles of the coastal zone pursuant to Section 65590.

(3) The number of existing residential units occupied by persons and families of low or moderate income, as dened in Section 50093 of the Health and Safety Code, that have been authorized to be demolished or converted since January 1, 1982, in the coastal zone.

(4) The number of residential dwelling units for persons and families of low or moderate income, as dened in Section 50093 of the Health and Safety Code, that have been required for replacement or authorized to be converted or demolished as identied in paragraph (3). The location of the replacement units, either on-site, elsewhere within the locality's jurisdiction within the coastal zone, or within three miles of the coastal zone within the locality's jurisdiction, shall be designated in the review.

Government Code Section 65303: The general plan may . . . address any other subjects which, in the judgment of the legislative body, relate to the physical development of the county or city.

BACKGROUND

The Legislature enacted the rst housing element requirement in 1969, but it contained no detailed statutory requirements. The State Department of Housing and Community Development (HCD) issued informal advisory housing element guidelines in 1971, but lacking detailed requirements, it could not critically review housing elements for compliance.

In 1975, AB 1X (Chapter 1) instructed HCD to adopt housing element guidelines and authorized the department to review and comment on local housing elements. The resulting 1977 guidelines called for new housing elements to contain an unprecedented degree of specic detail in their analysis of housing needs, resources, and programs.

The 1977 guidelines became the subject of controversy over whether they were advisory or binding upon cities and counties. The Legislature resolved the controversy in 1980 by statutorily specifying a housing element's requirements, declaring HCD guidelines to be advisory, and requiring cities and counties to consider the department's ndings prior to adopting the element.

COURT INTERPRETATIONS

Buena Vista Gardens Apartments Association v. City of San Diego Planning Dept. (1985) 175 Cal.App.3d 289 provides the most thorough judicial discussion of housing element law. The plaintiff and appellant in the case were tenants occupying a large apartment complex for which the city had approved a longterm plan to demolish the existing units and develop condominiums on the site. The tenants challenged the plan's nal approval, alleging that the city's housing element failed to meet statutory requirements in seven respects.

The appellate court found that in six of the seven respects the element substantially complied with state law. However, the element lacked any programs encouraging the conservation of mobilehome parks or existing affordable apartment rental units. The fact that the city had no basis upon which to deny the developer a demolition permit demonstrated the city's lack of a program to conserve affordable rental housing. As a result, the court prohibited the permit's issuance until the city amended its housing element with conservation programs substantially conforming to statutory requirements.

Court review of a legislative act, such as adoption of a general plan element, is very narrow. The court may only review for literal compliance with statutory mandates and may not scrutinize the wisdom or merits of the content of the element. The role of the Department of Housing and Community Development (HCD), because it reviews housing elements, is broader. The court acknowledged, "(the) department reviews not only to ensure the requirements of 65583 are met, but also to make suggestions for improvements." Further more, the court noted: "(while) this court may be of the opinion [that the] city should adopt department's recommendations, the Legislature has stated its recommendations are advisory (Section 65585, subd.(a))."

Buena Vista Gardens is consistent with the growing number of cases that support the general plan's integrity and require "substantial" (i.e., actual) compliance with its statutorily stated content. For example, a project may be halted when the general plan either lacks a relevant element or the relevant element is inadequate, as many cases have demonstrated.

A more recent case, Committee for Responsible Planning v. City of Indian Wells (1989) 209 Cal.App.3d 1005, exemplies the type of action a court may take after it invalidates a general plan. After holding Indian Well's general plan invalid for failure to achieve internal consistency and failure to address various statutorily required issues in the housing element, the trial court ordered the city to bring its general plan into compliance with state law and imposed a moratorium. The court order prevented the city from granting building permits and discretionary land use approvals such as subdivision maps, rezoning, and variances until it updated its general plan.

In the meantime, a developer sought approval to record a nal tract map. Pursuant to Government Code Section 65755(b), the subdivider requested that the court waive the moratorium's restrictions. The court may do so when it nds that the project would "not signicantly impair" the city's ability to adopt all or part of the new plan in compliance with statutory requirements. Recognizing the Legislature's statutory guidance reecting the housing element's "preeminent importance," the court disagreed with the developer's arguments that the tract map would not affect the city's ability to adopt an adequate housing element. The court refused to allow approval of the map until the general plan was adopted.

RELEVANT ISSUES

The housing element issues listed below are derived from Government Code Sections 65583 and 65590. Local governments may address these matters in any format they deem appropriate. For example, they may group together issues having functional relationships or overlapping meanings such as "preservation," "maintenance," and "improvement" of housing. The important thing to remember is that a housing element, regardless of its format, should clearly identify and address, at a minimum, each of the following issues.

Preservation of housing (Gov.C. Section 65583 1st para. & (b))

Maintenance of housing (Gov.C. Section 65583 1st para. & (b))

Improvement and conservation of housing, including affordable housing stock (Gov.C. Section 65583 1st para., (b) & (c)(4))

Development of housing (Gov.C. Section 65583 1st para. & (b))

Adequate sites for housing (Gov.C. Section 65583 1st para.)

Adequate provision of housing for existing and projected needs, including regional share, for all economic segments of the community (Gov.C. Section 65583 1st para.)

Promotion of housing opportunities for all persons (Gov.C. Section 65583(c)(5))

Coastal zone replacement housing (Gov.C. Sections 65588(c)(d) and 65590(h)(2)) - applicable to jurisdictions which are partially or entirely within the Coastal Zone

REVIEWING AND REVISING THE HOUSING ELEMENT

Unlike the other elements of the general plan, state law explicitly requires that the housing element be reviewed and updated continuously (Government Code Section 65588). Cities and counties must review their housing elements as frequently as appropriate with regard to:

(1) The appropriateness of their housing goals, objectives, and policies in contributing to the attainment of the state housing goal.

(2) The effectiveness of the housing element in attaining the community's housing goals and objectives.

(3) The progress in implementing the housing element.

Evaluations of the element's effectiveness and success in its implementation should include the following information:

· A comparison of the actual results of the element with its goals, objectives, policies and programs. The results should be quantied where possible, but may be qualitative where necessary.

· An analysis of the signicant differences between what was projected or planned in the earlier element and what was achieved.

· A description of how the goals, objectives, policies and programs of the updated element incorporate what was learned from the results of the prior element.

The housing element must be comprehensively revised at least every ve years to reect the results of this periodic review. Government Code Section 65588 establishes the timetable for these revisions.

In coastal communities, the revision must take into account any low- or moderate-income housing that has been provided or required in the coastal zone in accordance with Government Code Section 65590. The review of coastal zone housing activity shall include at least the following information:

· The number of new housing units approved for construction within the zone after January 1, 1982.

· The number of units for persons and families of low or moderate income that have been required to be included in new housing developments either within the zone or within 3 miles thereof.

· The number of existing units occupied by low- or moderate-income residents that have been authorized to be demolished or converted to another use within the zone since January 1, 1982.

· The number of low- or moderate-income residential units that have been required for replacement or authorized for demolition or conversion as quantied above. The review must also identify the location of any replacement units.

Scope

Information

Coastal Zone

Useful Housing Element Denitions

Assisted Housing Developments: Multifamily rental housing that receives govern mental assistance under federal programs listed in subdivision (a) of Government Code Section 65863.10, state and local multifamily revenue bond programs, local redevelopment programs, the federal Community Development Block Grant Program, or local in-lieu fees. The term also includes multifamily rental units that were developed pursuant to a local inclusionary housing program or used to qualify for a density bonus pursuant to Government Code Section 65916.

Income Levels: Income categories are dened with respect to the area median income and are adjusted for household size. For detailed denitions of these terms, the reader should consult Chapter 6.5 (commencing with Section 6910) of Title 25 of the California Code of Regulations. Although there are exceptions, the four -person income limits are as follows:

Very Low Income: No more than 50 percent of the area median income.

Other Lower Income: Between 50 and 80 percent of the area median income.

Lower Income: No more than 80 percent of the area median income (i.e., combination of very low income and other lower income).

Moderate Income: Between 80 and 120 percent of the area median income.

Above Moderate Income: Above 120 percent of the area median income.

Goal: See the denition of "goal" in Chapter I of these guidelines.

Quantied Objective: The housing element must include quantied objectives which specify the maximum numbers of housing units that can be constructed, rehabilitated, and conserved within a ve-year time frame, based on the needs, resources, and constraints identied in the housing element (Government Code Section 65583(b)). The number of units that can be conserved should include a subtotal for the number of existing assisted units subject to conversion to non-low -income uses which can be preserved for lower-income households. Whenever possible, objectives should be set for each particular housing program, establishing a numerical target for the effective period of the program.

Ideally, the sum of the quantied objectives will be equal to the identied housing needs. However, identied needs may exceed available resources and limitations imposed by other requirements of state planning law. Where this is the case, the quantied objectives need not equal the identied housing needs, but should establish the maximum number of units that can be constructed, rehabili tated, and conserved (including existing subsidized units subject to conversion which can be preserved for lower-income use), given the constraints. See the denition of "objective" in Chapter I of these guidelines.

Policy: See the denition of "policy" in Chapter I of these guidelines.

IDEAS FOR DATA AND ANALYSIS

The following aspects of data and analysis for housing elements are based on housing element law. For further guidance, consult the Department of Housing and Community Develop ment (HCD).

Preservation of housing

· With regard to all economic segments of the community, identication and analysis of opportunities to preserve housing

· Identication of techniques for administering land use and development controls to facilitate the preservation of housing

· Identication of incentives for the preservation of housing (e.g., transferable development rights and historical property contracts pursuant to Gov.C. Section 50280 et seq.)

Maintenance of housing

· With regard to all economic segments of the community, identication and analysis of opportunities for housing maintenance programs

· Identication of techniques for administering land use and development controls to facilitate the maintenance of housing

· Identication of incentives for the maintenance of housing (e.g., expedited permit processing and fee reductions)

Improvement and conservation of housing, including affordable housing stock

· With regard to all economic segments of the community, identication and analysis of opportunities to improve and conserve existing housing stocks

· Identication of techniques for administering land use and development controls to facilitate the improvement and conservation of housing

· Identication of incentives for the improvement and conservation of housing (e.g., expedited permit processing and fee reductions)

Development of housing

· With regard to all economic segments of the community, identication and analysis of opportunities to develop new housing

· Identication of techniques for administering land use and development controls to facilitate the development of housing

· Identication of incentives for the development of housing (e.g., density bonuses, expedited permit processing, and fee reductions)

Adequate sites for housing

· Inventory of land suitable for residential development, including:

- Vacant sites

- Sites having potential for redevelopment

· Analysis of these sites in relation to:

- Zoning

- Public facilities

- Public services

· Identication of adequate sites for housing to meet existing and projected housing needs, including sites for:

- Rental housing

- Factory-built housing

- Mobilehomes

- Emergency shelters

- Transitional housing

· Evaluation of the administration of zoning and subdivision ordinances with regard to the provision of adequate sites for housing

Adequate provision of housing for existing and projected needs, including regional share, for all economic segments of the community

Housing needs

· Disclosure of the local share of:

- existing regional housing needs

- projected regional housing needs

· Analysis of the factors and circumstances, with all supporting data, of the locality's revision to the local share of regional housing needs - when required pursuant to Government Code Section 65584(c)

· Assessment of local housing needs, including:

- Analysis of population trends

- Analysis of employment trends

- Documentation of population projections

- Documentation of employment projections

· Quantication of existing housing needs for all income levels, including the local share of existing regional housing needs as provided by the council of governments pursuant to Government Code Section 64484(a)

· Quantication of projected housing needs for all income levels, including the local share of projected regional housing needs as provided by the council of governments pursuant to Government Code Section 64484(a)

Household characteristics

· Analysis and documentation of household characteristics, including: level of payment compared to ability to pay: the number of very low and lower income households occupying units at a cost greater than 25 percent of their gross household income; and comparison of the income distribution of low and moderate income households in the community to the range of costs of housing units for sale and for rent in the community

Housing characteristics

· Analysis and documentation of housing characteristics, such as the number of households living in overcrowded conditions (1.01 or more persons per room)

Housing stock conditions

· Analysis and documentation of housing stock conditions, such as the number of households living in housing units needing rehabilitation or replacement, identied separately for owneroccupied and renteroccupied units

Resources for meeting existing and projected housing needs

· Inventory of resources relevant to meeting the identied housing needs, including:

- Land suitable for residential development, including:

- Vacant sites

- Sites having potential for redevelopment

- Inventory of these sites in relation to:

- Facilitating housing through zoning

- Available public facilities

- Available public services

- Federal, state, and local nancing and subsidy programs

- Available nancing from the low and moderate-income housing fund established by the local redevelopment agency

Constraints on meeting existing and projected housing needs

· Inventory of constraints relevant to meeting the identied housing needs, including:

- Housing sites in relation to:

- Zoning constraints

- Public facilities constraints

- Public service constraints

- Potential and actual governmental constraints upon:

- The maintenance of housing for all income levels, including:

- Land use controls

- Building codes and their enforcement

- Site improvements

- Fees and other exactions required of developers

- Local processing and permit procedures

- The improvement of housing for all income levels, including:

- Land use controls

- Building codes and their enforcement

- Site improvements

- Fees and other exactions required of developers

- Local processing and permit procedures

- The development of housing for all income levels, including:

- Land use controls

- Building codes and their enforcement

- Site improvements

- Fees and other exactions required of developers

- Local processing and permit procedures

- Potential and actual non-governmental constraints upon:

- The maintenance of housing for all income levels, including:

- Availability of nancing

- Price of land

- Construction costs

- The improvement of housing for all income levels, including:

- Availability of nancing

- Price of land

- Construction costs

- The development of housing for all income levels, including:

- Availability of nancing

- Price of land

- Construction costs

· Identication of regulatory concessions which could reduce or eliminate constraints on needed housing

· Evaluation of techniques for administering land use and development controls which reduce constraints on needed housing

Special housing needs

· Analysis of any special housing needs such as those of:

- The handicapped

- The elderly

- Large families

- Farmworkers

- Families with female heads of households

- Families in need of:

- Emergency shelter

- Transitional housing

- Persons in need of:

- Emergency shelter

- Transitional housing

Residential energy conservation

· Opportunities for energy conservation in the design and construction of individual units

· Opportunities for energy conservation in the design of subdivisions

· Proximity of proposed residential development to employment centers, retail commercial uses, schools, transit, and other services

· Identication of incentives facilitating energy conservation

Conversion of assisted housing units*

· Analysis of assisted housing developments eligible for conversion to uses other than low -income housing during the next ten years due to termination of subsidy contracts, mortgage payments, or the expiration of use restrictions. The analysis must include:

- A listing of each development project by name and address**

- The type of governmental assistance received**

- The earliest possible date of change from low-income use**

- The total number of assisted housing units that could be lost from the locality's housing stock each year during the ten-year period, with regard to:

- Units for the elderly**

- Units for the non-elderly**

Replacement of converted assisted housing units*

· The estimated total cost of developing new replacement rental housing comparable in size and rent level to the convertible units

Preservation of assisted housing units*

· The estimated cost of preserving assisted housing developments

· Identication of public and private corporations having the legal and managerial capacity to acquire and manage assisted housing developments

· Identication and consideration of all federal, state, and local nancing and subsidy programs useful in preserving assisted housing for lower income households

· Identication of the amounts of funds (under each such program) which could be available for preserving assisted housing developments Promotion of housing opportunities for all persons

· Analyze U.S. Census data to determine the household characteristics of various areas or neighborhoods in the locality

· Identify those areas or neighborhoods which have homogeneous household characteristics

· Determine whether such homogeneous characteristics are the result of or inuenced by local government policies or regulatory activities

· Analyze minimum residential lot size and other standards set forth in the land use element and in the zoning ordinance to ascertain whether there is an exclusionary effect on persons with regard to such factors as race, religion, ancestry, national origin, or color

· Consider the analysis of governmental constraints on housing supply

· Determine whether such homogeneous characteristics are the result of or inuenced by nongovernmental actions

· Consider the analysis of nongovernmental constraints on housing supply

· Investigate local covenants, conditions, and restrictions (CC&Rs) to ascertain whether they produce an exclusionary effect with regard to such factors as race, religion, ancestry, national origin, or color

· Investigate the availability of housing purchase and improvement loans to all persons in all areas

· Determine whether there are governmental and nongovernmental constraints on the locality's meeting of its regional share of housing needs for all persons regardless of race, religion, sex, marital status, ancestry, national origin, or color

· Investigate the policies and regulations of other jurisdictions that promote housing opportunities for all persons

· Survey the literature regarding successful housing programs

· Use the Book of Lists published annually by the Ofce of Planning and Research to contact other jurisdictions about their housing programs

· Evaluate alternative techniques for administering land use and development controls which will encourage the provision of needed housing for all persons

· Establish a dialogue with and seek housing needs information from housing advocacy groups and the local housing authority

· Ask members of the community for ideas on promoting housing opportunities for all persons

Coastal zone replacement housing (Gov.C. Sections 65588(c)(d) and 65590(h)(2)) - applicable to jurisdictions which are partially or entirely within the Coastal Zone

· Any housing element review or revision pursuant to Government Code section 65588 should take into account all low or moderate-income housing developed to replace coastal zone low or moderate-income housing which was: 1) demolished; 2) converted to a condominium, cooperative, or similar form of ownership; or 3) converted to a nonresi dential use. This accounting must include at least:

- The number of new housing units approved for construction within the coastal zone after January 1, 1982

_________________________

* The analysis related to assisted housing development shall be adopted as part of the housing element by January 1, 1992 (Government Code Section 65583(d)).

This cost analysis for replacement housing may be done aggregately for each ve-year period and does not have to contain a project by project cost estimate.

** For the purposes of state and federally funded projects, this analysis need only contain information available on a statewide basis.

- The number of housing units for persons and families of low or moderate income required to be provided in new housing developments either within the coastal zone or within three miles of the coastal zone

- The number of existing residential dwelling units occupied by persons and families of low or moderate income that have been authorized to be demolished or converted since January 1, 1982, in the coastal zone

- The number of residential dwelling units for persons and families of low or moderate income that have been required for replacement

- The designation of the location of the replacement units, either on-site, or elsewhere within the locality's jurisdiction within the coastal zone, or within three miles of the coastal zone within the locality's jurisdiction

IDEAS FOR DEVELOPMENT POLICIES

The housing element should contain a statement of development policies, including goals, quantied objectives, and policies for the preservation, maintenance, improvement, and development of housing. These policies should address the adequate provision of housing to meet the locality's existing and projected housing needs. The goals, objectives, and policies should also direct local decision making with regard to adequate sites for various types of housing, including rental and manufactured dwelling units.

Many of these policy issues overlap. For example, policies promoting housing for all economic segments of the community overlap similar directives addressing the replacement of converted assisted housing units. Furthermore, with regard to adequate housing supply, the statement of development policies should address a group of subordinate housing supply issues, such as those related to governmental constraints and special housing needs.

The following are ideas for a statement of development policies. The various policy considerations are listed under those housing element issues (in bold type) identied or suggested by Government Code Section 65583.

Preservation of housing

· Preservation of:

- Housing, including affordable housing

- Assisted housing developments that are eligible to change to non-low-income housing uses

· The administration of land use and development controls to facilitate the preservation of housing

· The use of incentives to encourage and facilitate the preservation of housing

Maintenance of housing

· Support for the maintenance of housing

· The administration of land use and development controls to facilitate the maintenance of housing

· The use of incentives to encourage and facilitate the maintenance of housing

Improvement and conservation of housing, including affordable housing stock

· Support for the improvement and conservation of existing housing for all economic segments, including affordable housing stock such as:

- Affordable rental housing stock

- Mobilehome parks

- Manufactured housing (e.g., factory-built housing and mobilehomes)

· The administration of land use and development controls to facilitate the improvement and conservation of housing, including affordable housing

· The use of incentives to encourage and facilitate the improvement and conservation of housing, including affordable housing

Development of housing

· Support for the development of housing

· The administration of land use and development controls to facilitate the development of housing

· The use of incentives to encourage and facilitate the development of housing

Adequate sites for housing

· The provision of sites in suitable locations and with adequate services which can collectively accommodate a range of housing (type, size, and price) meeting the needs of all economic segments of the community. Among other things, such policies should address:

- The criteria for zoning of land for single-family, multiple-family, and mixed-use residential developments.

- Policies assuring local compliance with the residential zoning requirements of Govern ment Code Section 65913.1.

- The standards for:

- Public facilities serving residential uses

- Public services serving residential uses

- The use of vacant land for housing.

- The use of redeveloped land for housing

- The criteria for and provision of adequate sites for:

- Housing in general

- Rental housing

- Factory-built housing

- Mobilehomes

- Emergency shelters for families and individuals

- Transitional housing for families and individuals

- Special needs housing

- Amendments to local ordinances governing conditional use permits, variances, tenta tive subdivision maps, parcel maps, etc., to facilitate the provision of adequate sites for housing

Adequate provision of housing for existing and projected needs, including regional share, for all economic segments of the community

Housing needs

· The provision of adequate housing accommodating existing and projected housing needs, including the local share of the region's housing needs, for all economic segments of the community

Household characteristics

· Local housing programs to assist households in achieving an adequate level of housing payments relative to the cost of housing

· Reduction and elimination of overcrowded housing

Housing stock condition

· Support for the maintenance of housing

· Support for the improvement and conservation of dilapidated housing

Resources for meeting existing and projected housing needs

· The availability of:

- Public services

- Public services

- Vacant land

- Redeveloped land

· The use of local public nancing mechanisms to nance public improvements and services for housing, including, but not limited to:

- Special assessment districts

- Mello-Roos community facilities districts

- Special taxes

- Tax increment nancing revenues

- General obligation bonds

- Development impact fees

· The use of federal and state nancing and subsidy programs to meet housing needs

· The use of moneys in a low or moderate-income housing fund derived from redevelop ment nancing activities

Constraints on meeting existing and projected housing needs

· Removal of unnecessary governmental constraints on the preservation, conservation, improvement, maintenance, and development of housing. Such constraints include:

- Overly restrictive land use controls (e.g., large-lot zoning)

- Overly restrictive building code regulations

- Excessive site improvements

- Expensive fees and other exactions required of developers

- Red tape in the administration of land use and development controls

· Zoning ordinance amendments necessary to remove unwarranted constraints on the preservation, conservation, maintenance, improvement, and development of housing for all economic levels of households with regard to local housing needs and the locality's regional share of housing demand

· Special regulatory concessions further reducing or eliminating constraints on the preser vation, conservation, maintenance, improvement, and development of housing to meet housing needs, including special housing needs

· Public service improvements necessary to remove unwarranted constraints on the preservation, conservation, maintenance, improvement, and development of housing for all economic levels of households with regard to local housing needs and the locality's regional share of housing demand

· Public facilities improvements necessary to remove unwarranted constraints on the preservation, conservation, maintenance, improvement, and development of housing for all economic levels of households with regard to local housing needs and the locality's regional share of housing demand

· Removal of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels. Such constraints might include:

- The lack of available nancing

- High land prices

- High construction costs

- Discrimination in the provision of housing based on race, religion, sex, marital status, ancestry, national origin, or color

Special housing needs

· Housing which meets the special needs, including the needs of:

- The handicapped

- The elderly

- Large families

- Farmworkers

- Families with female heads of households

- Families in need of:

- Emergency shelter

- Transitional housing

- Persons in need of:

- Emergency shelter

- Transitional housing

· Standards for evaluating the suitability of individual sites for low and moderate-income (non-marketrate) housing

· Criteria for second dwelling units and granny ats

Residential energy conservation

· Energy conservation features in new and existing housing

· Land use controls encouraging energy conservation (such as solar orientation of subdivi sion lots - see Gov.C. Section 66473.1)

· The use of incentives encouraging energy conservation

Conversion of assisted housing units*

· Appropriate and inappropriate conversions of assisted housing units

Replacement of converted assisted housing units*

· The application of private, local, state, and federal nancing mechanisms to fund the replacement of converted assisted housing units

Preservation of assisted housing units*

· The application of private, local, state, and federal nancing mechanisms to fund the preservation of assisted housing units

Promotion of housing opportunities for all persons

· Creation of the position of local ombudsman to further public and private sector compliance with local, state, and federal equal housing opportunity laws

· The elimination of exclusionary standards from local land use regulations and policies

· The administration of land use and development controls in a way that provides housing opportunities for all persons

_____________________

* Matters related to assisted housing units must be discussed in the housing element by January 1, 1992 (Government Code Section 65583(d)).

· Equitable provision of housing-related public services regardless of race, religion, sex, marital status, ancestry, national origin, or color

Coastal zone replacement housing

· The provision of coastal zone replacement housing pursuant to Government Code Section 65590

IMPLEMENTATION AND FUNDING PROGRAMS

To meet needs and implement policies, the housing element must include a ve-year schedule of current and proposed implementation measures and identify the agencies or ofcials responsible for implementation (Government Code Section 65583(c)).

The following examples illustrate the kinds of actions local governments may take to carry out the policies of their housing elements. These include programs that are statutorily required by housing element law, actions that are mandated by other laws, and other measures which are not mandated, but which may nevertheless address a particular program area.

Adequate sites for housing

Adequate sites for housing means sites that will be available for a variety of housing types to meet the housing needs of all household income levels. Such sites include land that will be available for rental housing, factory-built housing, mobilehomes, emergency shelters, and transitional housing. The housing element's program of implementation actions should:

· Identify sites that:

- Are or will be appropriately zoned for various housing types, including areas zoned pursuant to Government Code Section 65913.1

- Meet or will meet development standards appropriate for various housing types

- Have or will have public services and facilities needed to facilitate and encourage these various housing types

· Specify measures in the administration of land use and development controls that will accommodate these various housing types. The administration of zoning for example includes the processing, approval, and enforcement of conditional use permits and zoning variances. Other measures might include:

- Inventorying surplus public lands, including sites owned by federal, state and local agencies to identify suitable sites for the development of low and moderate income housing

- Designating housing opportunity sites where a minimum percentage of new housing units must be affordable to low and moderate income households

- Establishing and utilizing a municipal housing nance agency

· Describe the regulatory incentives and concessions that will be used to facilitate and encourage these various housing types. These might include:

- A program to acquire land and sell it at a discounted price to developers of low and moderate income housing

- Designating neighborhoods for concentrated housing rehabilitation assistance and public facility improvements

- Offering public improvements or reduced impact fees to projects which provide low-

and moderate-income housing

· Identify the agencies and ofcials responsible for: 1) residential zoning and development standards, 2) public services and facilities that serve housing, 3) the administration of land use controls, and 4) regulatory incentives and concessions.

· Establish and describe a ve year schedule for carrying out each of these actions relative adequate sites for housing

· Identify the means by which consistency will be achieved with other general plan elements and community goals

Assistance in the development of housing for low and moderate income households

· Identify measures which the local government intends to undertake or facilitate that will assist in the development of adequate housing to meet the needs of low and moderate -income households. Such measures could include:

- Regulatory incentives, such as density bonuses exceeding the state requirements

- Zoning ordinance provisions for development of second residential units on existing lots

- Mixed-use zoning districts to encourage combining residential with other uses

- Zoning ordinance provisions for mobilehome subdivisions and mobilehome parks

- A linkage program that requires developers of industrial and commercial projects to contribute to the development of affordable housing (e.g., sites, units, fees) for employees and/or other low income households

- Development agreements that guarantee the availability of below-market priced homes in the project

- Residential design that promotes energy conservation.

- Federally funded programs for the construction and rehabilitation of housing, such as:

- Section 202 - Direct Loans for Elderly or Handicapped Housing

- Section 502 - Rural Home Ownership Assistance

- Section 515 - Rural Rental Housing Assistance

- State funded programs for the construction and rehabilitation of housing such as:

- Family Housing Demonstration Program (HCD)

- Home Mortgage Purchase Program (California Housing Finance Agency) (CHFA)

- Predevelopment Loan Program (HCD)

- Rental Housing Construction Program (HCD)

- Rental Housing Mortgage Loan Program (CHFA)

- Self-Help Housing (CHFA & HCD - note: HCD's program provides technical assistance and development assistance; CHFA's program provides purchase mort gages)

- AB 665 (1982) Bonds renteroccupied construction

- California Indian Assistance Program (HCD)

- Funds authorized by the Marks-Foran Residential Rehabilitation Act and SB 99 - New Construction

· Utilize the required 20% set aside of redevelopment agency tax increment revenues to nance low and moderate income housing (Low and Moderate Income Housing Fund)

· Provide density bonuses and other incentives to developers who include units affordable to low- or very low-income households, or for senior households

· Identify of the agencies and ofcials responsible for administering these measures

· Establish and describe a ve-year schedule for implementing assistance in the develop ment of adequate housing

· Identify the means by which consistency will be achieved with other general plan elements and community goals

Removal of governmental constraints

· Describe a program which the local government intends to use in systematically removing governmental constraints on the maintenance, improvement, and development of housing, where appropriate and legally possible. Removal of constraints might involve:

- Changes in the administration of land use and development controls that facilitate and encourage the maintenance, improvement, and development of housing

- Reduction in permit requirements for projects providing low- and moderate-income housing.

- Holding pre-application conferences and administering the local review process to streamline permit processing for developments that include low and moderate cost units.

- Establishing a single administrative unit to coordinate processing of multiple permits for residential developments

- Participating in the Rural Development Assistance Program (HCD) to reduce govern mental constraints by obtaining water and wastewater project loans and grants

· Allow manufactured homes on permanent foundation systems to be installed on all single -family zoned lots under the same approval process as for site-built homes

· Identify the agencies and ofcials responsible for the removal of each of the identied governmental constraints on housing

· Establish and describe a ve-year schedule for removing governmental constraints

· Identify the means by which consistency will be achieved with other general plan elements and community goals

Conservation and improvement of the condition of affordable housing stock

· Identify and describe the actions which the local government will undertake or facilitate in conserving and improving the condition of the existing affordable housing stock. Such measures could include:

- Federal nancing and subsidy programs, such as:

- Housing and Community Development Act Block Grants (entitlement grants for cities and urban counties)

- Section 17 - Rental Housing Rehabilitation

- Section 312 - Rehabilitation Loans

- State Financing and subsidy programs, such as:

- California Energy Conservation Rehabilitation Program (formerly known as the PVEA Program)

- California Housing Rehabilitation Program - Owner and Rental Components (HCD)

- Deferred Payment Rehabilitation Loan Fund (HCD)

- Home Ownership Mortgage Bond Program (CHFA)

- Home Ownership Assistance Program (HCD)

- Home Purchase Assistance Program (CHFA)

- Matching Down Payment Program (CHFA)

- Natural Disaster Assistance Program - Owner and Rental Components (HCD)

- Nonprot Housing Program (CHFA)

- Rental Housing Mortgage Loan Program (CHFA)

- State Earthquake Rehabilitation Assistance Program (HCD)

- State Rental Rehabilitation Program (HCD)

- State Legalization Impact Assistance Grant Program (HCD)

- State/Local Multifamily Program (CHFA)

- Local nancing and subsidy programs, such as:

- Municipal Housing Finance Agency

- Marks-Foran Residential Rehabilitation Act and SB 99 New Construction

- AB 1355 (1980) Bonds owneroccupied construction

- AB 3507 (1982) Bonds CalFirst Home Buyers Program (CHFA)

- SB 1149 (1981) Bonds employee housing for public entities

- Offering regulatory incentives to projects which rehabilitate existing housing

- Enacting an ordinance regulating demolition of housing units and conversion of housing units to other uses (e.g., ofce, commercial)

- Establishing an equity-sharing program to provide affordable home ownership or rental housing opportunities for low and moderate income households

- Establishing a house sharing program to match housing suppliers with those seeking special housing accommodations (e.g., elderly)

- Establishing a local housing authority or nonprot development corporation to develop and operate low and moderate income housing

- Encouraging the development of cooperative housing projects to allow low and moderate income households to enjoy the benets of home ownership

- Enacting an ordinance requiring replacement of housing units demolished due to public or private action

- Changing the administration of land use and development controls

- Rehabilitating residential hotels for very low and low income households

- Undertaking a program to enforce building and housing codes, nanced in part with proceeds from denial of state tax benets to code violators

- Enacting an occupancy ordinance requiring pre-sale code inspection and compliance before title to the property is transferred

· Identify the agencies and ofcials responsible for implementing the various actions

· Establish and describe a ve-year schedule for implementing each of the actions under taken by the local government to conserve and improve the condition of the existing affordable housing stock

· Identify the means by which consistency will be achieved with other general plan elements and community goals

Promotion of housing opportunities for all persons

· Describe actions which the local government is undertaking or intends to undertake to promote housing opportunities for all persons regardless of race, religion, sex, marital status, national origin, or color. Such actions might include:

- Establishing a fair housing council to promote equal housing opportunities.

- Distributing fair housing information and referring housing complaints to the local fair housing ofce.

- Discouraging redlining practices in lending and insurance underwriting by withdraw ing local funds from, or ceasing business relationships with, institutions that discrimi nate.

- Establishing open housing programs, such as afrmative marketing, to expand housing opportunities for low income and minority households.

- Translation of permit instructions into a commonly and locally used foreign language

- Participation in state programs designed to promote housing opportunities for typically ill-housed groups, such as:

- California Indian Assistance Program (HCD)

- Community Development Block Grant Program (Stateadministered, for small cities) (HCD)

- Emergency Shelter Program (HCD)

- Farmworker Housing Grant Program (HCD)

- Federal Emergency Shelter Grants Program (HCD)

- Housing Assistance Program (Stateadministered Section 8) (HCD)

- Matching Down Payment Program (CHFA)

- Natural Disaster Assistance Program - Owner and Rental Components (HCD)

- Nonprot Housing Program (CHFA)

- Ofce of Migrant Services (HCD - operates housing for farmworkers)

- Permanent Housing for the Handicapped Homeless (HCD)

- Senior Citizen Shared Housing Program (HCD)

· As part of this description, identify the agencies and ofcials responsible for each such action

· Establish and describe a ve-year schedule of each local government activity related to the promotion of housing opportunities for all persons

· Identify the means by which consistency will be achieved with other general plan elements and community goals

Preservation of assisted housing for lower-income households*

A program to preserve for lower income households of the assisted housing developments identied pursuant to paragraph (8) of subdivision (a) of Government Code section 65583. (See the preceding "Ideas for Data and Analysis.") The program shall utilize all available federal, state, and local nancing and subsidy programs identied in paragraph (8) of subdivision (a) of section 65583, except where a community has other urgent needs for which alternative funding sources are unavailable.

· Possible nancing and subsidy sources might include:

- Federal nancing and subsidy sources, such as:

- Rent Assistance Programs (e.g., conventional public housing, Section 8 vouchers)

- State nancing and subsidy sources, such as:

- Deferred Payment Rehabilitation Loan Fund (HCD)

- Farmworker Housing Grant Program (HCD)

- Mobilehome Park Assistance Program (HCD)

- Matching Down Payment Program (CHFA)

- Natural Disaster Assistance Program - Owner and Rental Components (HCD)

- Nonprot Housing Program (CHFA)

- Rental Security Deposit Guarantee Demonstration Program (HCD)

- State Legalization Impact Assistance Program (HCD)

- Local nancing and subsidy sources, such as:

______________________

* The program for preserving assisted housing development shall be adopted in the housing element by January 1, 1992 (Government Code Section 65583(d)).

- Tax Increment Financing through the California Community redevelopment Law

- The program may address local regulatory strategies. For example, the program might call for:

- Regulatory concessions

- Regulatory incentives

- Modications to the administration of land use and development controls that facilitate the preservation of assisted housing for lower income households

· The program may address local strategies for providing technical assistance

· The program shall identify the agencies and ofcials responsible for each of the actions undertaken to preserve such assisted housing

· The program shall establish and describe a ve-year schedule for each of the actions involve in preserving assisted housing.

· Identify the means by which consistency will be achieved with other general plan elements and community goals.

Public participation

The local government must make a diligent effort to achieve public participation of all economic segments of the community in the development of the housing element. The program of actions for implementing the housing element shall describe these public participation efforts.

This effort could include public hearings at the planning commission and government body level, a citizens' advisory group to assist in development of the element, circulation of draft elements to housing interest groups, and special advertising and outreach measures to inform citizens of all economic segments about the process.

Technical Assistance

The following state agencies may provide information or assistance for the preparation of the housing element: Business, Transportation and Housing Agency; California Coastal Commission; General Services; Department of Housing and Community Development; California Housing Finance Agency; and Ofce of Planning and Research.

Contents

Mineral Resources

Mineral

Protection

CONSERVATION ELEMENT

PERTINENT CALIFORNIA CODE SECTIONS

Government Code Section 65302(d): [The general plan shall include] a conservation element for the conservation, development, and utilization of natural resources including water and its hydraulic force, forests, soils, rivers and other waters, harbors, sheries, wildlife, minerals, and other natural resources. That portion of the conservation element including waters shall be developed in coordination with any countywide water agency and with all district and city agencies which have developed, served, controlled or conserved water for any purpose for the county or city for which the plan is prepared. The conservation element may also cover:

(1) The reclamation of land and waters.

(2) Prevention and control of the pollution of streams and other waters.

(3) Regulation of the use of land in stream channels and other areas required for the accomplishment of the conservation plan.

(4) Prevention, control, and correction of the erosion of soils, beaches, and shores.

(5) Protection of watersheds.

(6) The location, quantity and quality of the rock, sand and gravel resources.

(7) Flood control.

The conservation element shall be prepared and adopted no later than December 31, 1973.

Public Resources Code Section 2762: