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Resolution No. 96531 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 9653 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND ADOPTING THE FINAL 2008-2014 HOUSING ELEMENT, MAKING FINDINGS AND ADOPTING FINDING OF CONSISTENCY WITH THE FINAL ENVIRONMENTAL IMPACT REPORT FOR THE GENERAL PLAN AND ZONING ORDINANCE UPDATE IN CONFORMANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, the City of Vernon (the "City") is a municipal corporation and a chartered city of the State of California organized and existing under its Charter and the Constitution of the State of California; and WHEREAS, on February 21, 2001, the City Council of the City adopted Resolution No. 7711 adopting the Final 2000-2005 Housing Element, which was certified by the State Department of Housing and Community Development ("HCD") prior to the due date of June 30, 2000; land WHEREAS, Section 65588 of the California Government Code requires the City of Vernon to update the Housing Elements of the Vernon General Plan at least every five (5) years to reflect a community's changing housing needs; and WHEREAS, the five (5) year cycle originally intended to begin in 2006 was extended by the California Legislature; and WHEREAS, the City is within the Southern California Association of Governments ("SCAG") region and is required to prepare a Housing Element for the 2008 to 2014 planning cycle; and WHEREAS, on December 3, 2007, the City Council of the City adopted Resolution No. 9484 approving the City of Vernon General Plan, that includes six (6) elements, one of which is the Housing Element I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 revised to ensure consistency with the updated General Plan and Zoning Ordinance; and WHEREAS, the City adopted the General Plan with the intention of subsequently updating the Housing Element for the 2008-2014 SCAG cycle by the deadline of June 30, 2008; and WHEREAS, on December 3, 2007, the City Council adopted Resolution No. 9483 certifying the Final Environmental Impact Report ('the "2007 FEIR") for the City of Vernon General Plan and Zoning Ordinance in compliance with the California Environmental Quality Act ("CEQA"); and WHEREAS, on December 17, 2007, the City Council adopted Ordinance No. 1139 adopting a Comprehensive Zoning Ordinance (the "Zoning Ordinance"); and WHEREAS, the City of Vernon 2008-2014 Housing Element dated June 2008 ("Housing Element") has been prepared in compliance with State requirements and pursuant to the updated cycle for jurisdictions within the SCAG region and noticed for public hearing; and WHEREAS, the Housing Element is consistent with other elements of the City's General Plan and reflects the unique characteristics of Vernon as a city with heavy and prolonged industrial use, expansive rail lines and several hundred businesses handling or (storing hazardous materials; and - WHEREAS, the proposed Housing Element has been referred to cities adjoining the City of Vernon, to the Local Agency Formation Commission, to area -wide planning agencies and to the State of California for review and comment by each such agency as required by lGovernment Code Section 65352; and WHEREAS, notice of a public hearing was published on June 17,1 - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2008, posted on the three official bulletin boards of the City of Vernon on June 16, 2008 and mailed to interested parties on June 16, 12008; and WHEREAS, the Housing Element is being reviewed by the HCD; land WHEREAS, the City Council of the City of Vernon has not created a separate planning commission and performs all of the functions of a planning commission as authorized by Government Code Sections 65100 and 65861; and WHEREAS, the City, as Lead Agency, has authorized preparation of a Finding of Consistency for the Housing Element and, based upon findings set forth in Section 4.0 of the Finding of Consistency, no further environmental document is required because there has been no change in circumstances with respect to the proposed project, or the environment affected by the project, that would alter prior environmental findings, conclusions or mitigation measures and no major Idevelopment or redevelopment activity has occurred in the City since the certification of the 2007 FEIR; and WHEREAS, the Community Services & Water Department has prepared a Staff Report recommending the adoption of the Finding of Consistency and the Housing Element; and WHEREAS, the City Council of the City of Vernon held a duly noticed public hearing on July 7, 2008, to consider the adoption of the proposed Housing Element; and WHEREAS, the public hearing was closed and all of the (comments and reports were submitted as evidence to be considered by the City Council in considering the adoption of the Housing Element. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE - 3 - 1_ CITY OF VERNON AS FOLLOWS: 2 SECTION 1: The City Council of the City of Vernon hereby 3 finds and determines that the recitals contained hereinabove are true 4 and correct. 5 SECTION 2: The City Council of the City of Vernon, pursuant 6 to State and local guidelines and CEQA, does hereby certify that it has 7 reviewed and considered the information submitted to it prior to any 8 action on the adoption of the Housing Element and has determined that a 9 Finding of Consistency with Final Environmental Impact Report for the 10 General Plan and Zoning Ordinance Update (State Clearing House No. 11 2007061031), a true and correct copy of which is attached hereto as 12 Exhibit "A" and made a part hereof, has been completed in compliance 13 with State guidelines and the California Environmental Quality Act. 14 SECTION 3: The City Council of the City of Vernon concurs 15 with and adopts the Finding of Consistency and finds that (1) pursuant 16 to Section 15162(a)(1) of the CEQA Guidelines, the proposed Housing 17 Element does not constitute "substantial changes" to the project; (2) 18 pursuant to Section 15162(a)(2) of the CEQA Guidelines, no substantial 19 changes have occurred regarding the circumstances under which the 20 project is to be undertaken; (3) pursuant to Section 15162(a)(3) of the 21 CEQA Guidelines, no new information has come to light which shows that 22 the project will have any additional significant effects not previously 23 identified, that any significant effects will be more severe than 24 previously shown, or mitigation measures previously identified as 25 infeasible are now feasible; and (4) the scope of environmental impact r 26 associated with the Housing Element was addressed in the 2007 FEIR for 27 the City's General Plan and Zoning Ordinance update and no further 28 environmental documentation is required for adoption of the Housing 4 1_ 2 3 M 5 6 7 8 9 10 11 12 13 14 15 16 17 Iron 19 20 21 22 23 24 25 26 27 28 Element. SECTION 4: The City Council of the City of Vernon pursuant to Chapter 3, Title 7 of the Government Code of the State of California, does hereby approve and adopt said Housing Element as a part of the Vernon General Plan, a copy of which is attached hereto as Exhibit "B" and made a part hereof, which has been approved at the public hearing and which may be corrected for typographical errors and 1grammatical inconsistencies. SECTION 5: The City Council of the City of Vernon does hereby find and determine that the public interest, convenience and necessity require that the Housing Element be adopted amending the General Plan covering the objections, principles and standards used as guidelines to develop the City as specified in Article 5 of the Government Code of the State of California, Section 65300, et seq. SECTION 6: The City Council of the City of Vernon does hereby repeal any and all resolutions, general plan elements which have heretofore been adopted and which are in conflict with the Housing Element dated June 2008. SECTION 7: The City Clerk of the City of Vernon shall certify to the passage of this resolution, and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 7th day of July, 2008. n��o a MANUELA GIRON, Cit Clerk Name: Leonis C. Malburg Title: Mayor /seer pro -mom �` - 5 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, MANUELA GIRON, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 9653, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Monday, July 7, 2008, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. MANUELA GIRON, City Clerk (SEAL) - 6 - EXHIBIT A CITY OF VERNON 2008-2014 HOUSING ELEMENT UPDATE FINDING OF CONSISTENCY FINAL ENVIRONMENTAL IMPACT REPORT for the GENERAL PLAN AND ZONING ORDINANCE UPDATE (SCH# 2007061031) June, 2007 TABLE OF CONTENTS Page 1.0 Introduction and Statement of Purpose.........................................................................1 1.1 Background.................................................................................................................. 1 1.2 Legal Requirements.....................................................................................................1 1.3 Conclusion..................................................................................................................2 2.0 Project Description........................................................................................................... 3 2.1 Regional Housing Needs Allocation for 2008-2014...................................................... 3 2.2 New .State Law........,..................................................................................................... 3 2.3 Other Minor Revisions.................................................................................................. 4 3.0 Environmental Analysis...................................................................................................5 3.1 Conclusions of the 2007 FEIR...................................................................................... 5 3.2 Changes in Environmental Circumstances since December, 2007 ............................. 6 3.3 Comparison of Impacts Identified in 2007 FEIR and Impacts Associated with 2008-2104 Housing Element Update ................................................. 6 4.0 Finding of Consistency..................................................................................................10 List of Tables Table 1 Comparison of Impacts: 2007 FEIR and 2008-2014 Housing Element ....................... 7 City of Vernon 2008-2014 Housing Element Update i FEIR Consistency Finding 1.0 Introduction and Statement of Purpose The City of Vernon, as Lead Agency, has authorized preparation of this Finding of Consistency for the 2008-2014 Housing Element Update, referred to herein as the "project" or "element". The Housing Element is one of six elements of the City of Vernon General Plan. The purpose of this document is to demonstrate and find that the proposed project was subject to prior environmental review pursuant to the California Environmental Quality Act, known as CEQA (California Public Resources Code, Section 21000 et seq.), and the CEQA Guidelines (California Code of Regulations, Section 15000 et seq.), and that no change in circumstances has occurred with respect to the proposed project or the environment affected by the project that would alter prior environmental findings, conclusions, or mitigation measures. 1.1 Background On December 3, 2007, the City of Vernon City Council certified the Final Program Environmental Impact Report (FEIR) for the City of Vernon General Plan and Zoning Ordinance Update, November, 2007 (State Clearinghouse No. 2007061031). The City Council also adopted by resolution a comprehensive update of the Vernon General Plan and by ordinance, a comprehensive update of the Zoning Ordinance (Title 26 of the Vernon Municipal Code). The 2007 General Plan included a revised Housing Element for the 2000-2005 planning period. Per State law, housing elements must be updated every five years in accordance with a schedule set forth by the State Department of Housing and Community Development (HCD). For the six - county region administered by the Southern California Association of Governments (SCAG), which includes Los Angeles County cities and thus the City of Vernon, the current planning period is 2008-2014. (The five-year cycle originally intended to begin in 2006 was extended by the California Legislature.) In June of 2007, SCAG issued the Regional Housing Needs Allocation (RHNA) targets for jurisdictions within the SCAG region, and jurisdictions are now required to use these RHNA numbers to complete their 2008-2014 housing element updates by June of 2008. Because the City of Vernon was looking to complete its comprehensive General Plan update in 2007 and had already initiated minor changes to the 2000-2005 Housing Element to ensure consistency with the updated General Plan, the City adopted the revised 2000-2005 Housing Element in December of 2007 in conjunction with the balance of the General Plan, with the intention of subsequently updating the Housing Element for the 2008-2014 SCAG cycle by the statutory deadline of June 30, 2008. The City has now completed the 2008-2014 Housing Element to comply with current State housing element law and to reflect the 2008-2014 RHNA. This Element is the subject of this Finding _of Consistency with the Final Environmental Impact Report prepared for the 2007 General Plan and Zoning Ordinance update. 1.2 Legal Requirements The CEQA Guidelines, Section 15152 (Tiering) encourage tiering of environmental analyses to eliminate repetitive discussion and focus on the actual issues "ripe for decision" (CEQA Guidelines, Section 15152[b]) at the time a project is considered. Further, the Guidelines allow for use of a single EIR to describe more than one project, "if such projects are essentially the same in terms of environmental impact" (CEQA Guidelines, Section 15153[a]). Finally, Section 15162(b) of the Guidelines states that where prior environmental documentation for a project or related projects has been prepared, the Lead Agency shall review changes to the project and associated environmental conditions to determine whether to prepare subsequent environmental documentation or conclude that no further documentation is required based on the factors outlined in Section 15162(a), described below. City of Vernon 2008-2014 Housing Element Update 1 FEIR Consistency Finding Per Section 15162 of the CEQA Guidelines, when an EIR or negative declaration for a prior project has been prepared, a subsequent EIR is required for subsequent, related actions if: 1) Substantial changes are proposed in a project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or 2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions to the previous EIR or negative declaration due to the involvement of significant new environmental effects or a substantial increase in the severity of previously identified significant effects; or 3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following: a) The project will have one or more significant effects not discussed in the previous EIR or negative declaration; b) Significant effects previously examined will be substantially more severe than shown in the previous EIR; c) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or d) Mitigation measures or alternatives which are substantially different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. As noted above, if none of these circumstances exist, then the Lead Agency "shall determine whether to prepare a subsequent negative declaration, an addendum, or no further documentation" (CEQA Guidelines, Section 15162[b]). 1.3 Conclusion The 2007 FEIR-for the General Plan and Zoning Ordinance Update examined the environmental effects associated with the adoption and long-term implementation of the City of Vernon General Plan and Zoning Ordinance update, including adoption of the Housing Element (General Plan and Zoning Ordinance Update FEIR, p.3-10). Since certification of the 2007 FEIR, the City has updated the Housing Element as required for the 2008-2014 cycle, primarily to address the new RHNA of zero housing units for the 2008-2014 planning period and to comply with current State housing element law. However, as documented in this Finding of Consistency, these revisions will not result in any of the circumstances cited in the CEQA Guidelines, Section 15162(a) that would require preparation of a subsequent EIR. The City hereby determines, based on the findings set forth in Section 4.0 herein, that no further environmental documentation is required for adoption of the 2008-2014 City of Vernon Housing Element. City of Vernon 2008-2014 Housing Element Update 2 FEIR Consistency Finding 2.0 Project Description Beginning on page 3-10 of the 2007 FEIR for the City of Vernon General Plan and Zoning Ordinance Update, the FEIR provides a description of the 2000-2005 Housing Element. That Element was updated as follows to comply with requirements for the 2008-2014 SCAG housing element cycle and more specifically, to address the 2008-2014 RHNA for Vernon and to respond to changes in State housing element law that became effective for this 2008-2014 update. 2.1 Regional Housing Needs Allocation for 2008-2014 On July 12, 2007, SCAG approved the Regional Housing Needs Allocation Plan that applies to all jurisdictions within the SCAG region. For each jurisdiction, the plan identifies the number of new housing units that must be accommodated during the 2008-2014 planning period. In recognition of Vernon's long-time status as a wholly industrial community, SCAG assigned the City of Vernon a RHNA of zero housing units. This means that Vernon is not obligated to provide opportunities for the construction of any new housing units. (Vernon's RHNA for the 2000-2005 cycle was zero, as well.) 2.2 New State Law Since adoption of the 2000-2005 Housing Element, the State legislature has amended housing element law to include the following provisions that apply to the 2008-2014 update: SB 2: Jurisdictions must identify a zone in which to permit homeless shelters. This law applies only to draft housing elements submitted to the State Department of Housing and Community Development (HCD) after March 31, 2008. As Vernon submitted its Draft Housing Element to HCD prior to this'date, the law does not apply to Vernon at this time. The Housing Element includes language to this effect. The Housing Element further states that since the City's Police Department has found that there are no permanent homeless persons living in the City, and that they rarely see transient homeless, the development of a separate emergency shelter is not warranted. AB 2511: This legislation established default minimum densities which are considered appropriate for the construction of affordable housing without other incentives or programs. As Vernon is not required to provide sites for housing, the law has no bearing on Vernon's 2008- 2014 Housing Element. AB 2348: Jurisdictions are required to provide a parcel -specific listing of available sites for housing development. As Vernon is not required to provide sites for housing, the law has no bearing on Vernon's 2008-2014 Housing Element. SB 520: Housing elements must identify constraints on people with disabilities with regard to either new housing or housing rehabilitation programs. The 2008-2014 Housing Element indicates that the City of Vernon currently does not have a reasonable accommodation ordinance or policy in place. Since no new housing is permitted in Vernon, the only issue to be addressed is housing rehabilitation programs for existing housing for persons with disabilities. Program 4 in the Housing Element commits the City to adopt procedures to provide exceptions in zoning and building codes for housing for persons with disabilities and provide information to residents via public counters and the City's website. SB 2634: Jurisdictions must now address housing needs for extremely low-income households with regard to both new housing and housing rehabilitation programs. No extremely low-income households have been identified in Vernon. Since there is no new housing permitted, the only City of Vernon 2008-2014 Housing Element Update 3 FEIR Consistency Finding issue is housing rehabilitation programs for existing housing. The Housing Element now identifies housing rehabilitation efforts underway on City -owned units. 2.3 Other Minor Revisions Other minor revisions to the Housing Element have been made to: ■ Reflect current (2008) conditions where such data are available, including current number of residents and housing units, ongoing rehabilitation of City -owned units, and an enumeration of homeless persons and needs in Vernon (identified to be none) ■ Reference the fact that Vernon does not have provisions to accommodate and has no need to accommodate farmworker housing • Analyze past accomplishments relative to the 2000-2005 Housing Element ■ Reference the City's 2007 Zoning Ordinance and applicable provisions thereof ■ Assure consistency with the balance of the remaining 2007 General Plan updated elements City of Vernon 2008-2014 Housing Element Update 4 FEIR Consistency Finding 3.0 Environmental Analysis 3.1 Conclusions of the 2007 FEIR The 2007 FEIR for the City of Vernon General Plan and Zoning Ordinance Update examined the impacts associated with the adoption and long-term implementation of the General Plan and Zoning Ordinance. The FEIR concluded that the following with regard to level of impacts: 3.1.1 Significant, Unavoidable Environmental Impacts Transportation and Circulation —Program Level and Cumulative: Poor operating conditions at the 17 intersections throughout the City and on local freeways. While the Circulation and Infrastructure Element provides programs to address future poor operating conditions, none of the required funding mechanisms is in place to achieve mitigation. Air Quality- Cumulative: Although at the program level, the project will not result in significant air quality effects, the project will contribute to regional emissions, resulting in a cumulatively significant impact. Utilities — Cumulative: Although at the program level, the project will not result in significant water service and waste disposal impacts on utility systems, the project will contribute to regional consumption of water resources and diminishing landfill capacity, resulting in a cumulatively significant impact. 3.1.2 Significant Environmental Impacts That Can Be Avoided The FEIR did not identify any significant impacts that could be avoided or mitigated. 3.1.3 Impacts Considered but Found to Be Less Than Significant The FEIR examined the following potential impacts but found impacts to be less than significant: ■ Air Quality ■ Hazards and Hazardous Materials • Hydrology/Water Quality ■ Noise ■ Utilities 3.1.4 Impacts Considered in the Initial Study but not Found to Be Potentially Significant ■ Aesthetics ■ Agriculture • Biological Resources ■ Cultural Resources ■ Geology/Soils ■ Land Use and Planning City of Vernon 2008-2014 Housing Element Update ■ Mineral Resources ■ Population/Housing ■ Public Services ■ Recreation FEIR Consistency Finding 3.2 Changes in Environmental Circumstances since December, 2007 Since certification of the FEIR for the General Plan and Zoning Ordinance in December of 2007, Vernon has experienced relatively little development activity. The City is largely built out, and any development that does occur results from demolition of existing structures and their replacement with new buildings. No major redevelopment activity has occurred since December of 2007. Also, no major roadway or other infrastructure improvements have been initiated. Thus, no substantial changes have occurred with respect to the circumstances under which the project will be undertaken (see CEQA Guidelines Section 15126[b][2] cited above). 3.3 Comparison of Impacts Identified in 2007 FOR and Impacts Associated with 2008-2014 Housing Element The 2008-2014 Housing Element does not include any substantive changes to the 2000-2005 Housing Element, as described above in subsections 2.1 to 2.3. The Element has been updated to address the RHNA for the 2008-2014 planning period and to respond to changes in State law since the Element was last comprehensively updated. The updated Element does not change land use policy, nor does the Element include any program that would allow for new housing development. The revisions set forth above will not result in any direct change to the environment. Table 1 compares impacts identified in the 2007 FEIR with those associated with adoption of the 2008-2014 Housing Element. In particular, the City makes the following findings: 1. With regard to the requirements of SB 2 cited above: Since the industrial and hazardous nature of the City has led both the City and SCAG to determine that it is inappropriate to site new residential uses within the City, an emergency shelter, which is a residential use, will not be permitted within the City. There will therefore be no new environmental impact as a result of this law. 2. With regard to the requirements of SB 50 cited above: Program 4 in the Housing Element commits the City to adopt procedures to provide exceptions in zoning and building codes for housing for persons with disabilities and provide information to residents via public counters and the City's website. The procedure will be a ministerial process, with minimal or no processing fee, and will be subject to approval by the Director of Community Services applying specified criteria. Any permitted accommodations for these purposes will not create any environmental impacts. 3. With regard to the requirements of SB 2634 cited above: No extremely low-income households have been identified in Vernon. Since there is no new housing permitted, the only issue is housing rehabilitation programs for existing housing. The Housing Element now identifies housing rehabilitation efforts underway on City -owned units. All of the City -owned dwellings have been determined to be in good repair. In addition, the City has completed renovations on 12 units. An additional 6 units are currently undergoing rehabilitation that is anticipated to be completed by July 2008. The City plans to renovate the remaining 8 units by the end of 2011. The five privately owned residences are currently in good condition and continue to be well maintained by the owners. Continuing maintenance of housing within the City by both the City and the private owners does not create any environmental impacts. City of Vernon 2008-2014 Housing Element Update 6 FEIR Consistency Finding Z W W O 0C0 0 O 2 O o O 2 O m O 2 O p 2 a) p 2 a) ca p 2 0 au C _ t� �, _ O 3 3 0 °LL E 3 0 0LL E 3� oLL ac) 3v o� aci 3� oLL aci3�YU- aa) -0 oUW.. aa)) c c ti°_ °"� E c o�-i. E c oZt- E o ti E o t� E = oro ° 0 3 > O U E c= N O 3> o U E 0 •ro N 0 0 3> o U Ea C '= N 0 3> o 0 E N 0 O > O U E O O 0 3 0 C) 0 E O •.,>-. 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O .0 c°)) p p I, 0 t5 c� C p p N .� c C o N C: v (L) c y 3 C f6 N E to c, 'a oaoy p 0)o y mm0(o CDyyN N'o •Up V yn'a)c VNN •ff Q.=NOO d ne w CDn c U 3 � .5 ,y 7 C 0 N 'O > N C v 0 ca co fD 0 •D C 5 c E a) m ci N C E N N 0 N> �' c N V C N M N—= oraN»�cf)Ca iu U. �n0ccaa) 0.2 U C N ) O (D'EO T c N O E N N (f C.')j N U 0 OO. a) -O C> O W 2 N O a) 3 p) U O W 4_ 7= 7 — •y O= O N 0) Cc coZyWrnQ-r°nacia v) c �..�U Co as ca a m o uoi�LL'N a cNo'y E d N cc U N d 3 0 Oco co N W N C f`0. _ H � 4.0 Finding of Consistency Based upon the review of the proposed 2008-2014 Vernon Housing Element, the City Council of the City of Vernon hereby finds the following: 1. On December 3, 2007, the City of Vernon City Council certified the Final Program Environmental Impact Report (FEIR) for the City of Vernon General Plan and Zoning Ordinance Update, November, 2007 (State Clearinghouse No. 2007061031). 2. The FEIR identified the following unavoidable significant environmental effects associated with the adoption and long-term implementation of the City of Vernon General Plan and Zoning Ordinance: a) Transportation and Circulation: Program -level and cumulative traffic impacts on local surface streets and freeways b) Air Quality: Cumulative contribution to regional air pollutant emissions c) Utilities: Cumulative contribution to use of water resources and landfills 3. Based on the analysis in the FEIR, all other impacts were found to be less than significant or were identified in the Initial Study as not potentially significant. 4. In May of 2008, the City of Vernon completed an update of the General Plan Housing Element for the 2008-2014 planning period, as required by State law. Key revisions to the prior Housing Element made to address current law are. a) SB 2: Jurisdictions must identify a zone in which to permit homeless shelters. This law applies only to draft housing elements submitted to the State Department of Housing and Community Development (HCD) after March 31, 2008. As Vernon submitted its Draft Housing Element to HCD prior to this date, the law does not apply to Vernon at this time. The Housing Element includes language to this effect. The Housing Element further states that since the City's Police Department has found that there are no permanent homeless persons living in the City, and that they rarely see transient homeless, the development of a separate emergency shelter is not warranted. Since the industrial and hazardous nature of the City has led both the City and SCAG to determine that it is inappropriate to site new residential uses within the City, an emergency shelter, which is a residential use, will not be permitted within the City. There will therefore be no new environmental impact as a result of this law. b) AB 2511: This legislation established default minimum densities which are considered appropriate for the construction of affordable housing without other incentives or programs. As Vernon is not required to provide sites for housing, the law has no bearing on Vernon's 2008-2014 Housing Element. c) AB 2348: Jurisdictions are required to provide a parcel -specific listing of available sites for housing development. As Vernon is not required to provide sites for housing, the law has no bearing on Vernon's 2008-2014 Housing Element. d) SIB 520: Housing elements must identify constraints on people with disabilities with regard to either new housing or housing rehabilitation programs. The 2008-2014 Housing Element indicates that the City of Vernon currently does not have a reasonable accommodation ordinance or policy in place. Since no new housing is permitted in Vernon, the only issue to be addressed is housing rehabilitation programs for existing City of Vemon 2008-2014 Housing Element Update 10 FOR Consistency Finding housing for persons with disabilities. Program 4 in the Housing Element commits the City to adopt procedures to provide exceptions in zoning and building codes for housing for persons with disabilities and provide information to residents via public counters and the City's website. The procedure will be a ministerial process, with minimal or no processing fee, and will be subject to approval by the Director of Community Services applying specified criteria. Any permitted accommodations for these purposes will not create any environmental impacts. e) SB 2634: Jurisdictions must now address housing needs for extremely low-income households with regard to both new housing and housing rehabilitation programs. No extremely low-income households have been identified in Vernon. Since there is no new housing permitted, the only issue is housing rehabilitation programs for existing housing. The Housing Element now identifies housing rehabilitation efforts underway on City - owned units. All of the City -owned dwellings have been determined to be in good repair. In addition, the City has completed renovations on 12 units. An additional 6 units are currently undergoing rehabilitation that is anticipated to be completed by July 2008. The City plans to renovate the remaining 8 units by the end of 2011. The five privately owned residences are currently in good condition and continue to be well maintained by the owners. Continuing maintenance of housing within the City by both the City and the private owners does not create any environmental impacts. f) Other minor revisions to the Housing Element have been made to: i. Reflect current (2008) conditions where such data are available, including current number of residents and housing units, ongoing rehabilitation of City -owned units, and an enumeration of homeless persons and needs in Vernon (identified to be none) ii. Reference the fact that Vernon does not have provisions to accommodate and has no need to accommodate farmworker housing iii. Analyze past accomplishments relative to the 2000-2005 Housing Element iv. Reference the City's 2007 Zoning Ordinance and applicable provisions thereof v. Assure consistency with the balance of the remaining 2007 General Plan updated elements 5. Pursuant to Section 15162(a)(1) of the CEQA Guidelines, the proposed 2008-2014 Housing Element does not constitute "substantial changes" to the project. 6. Since certification of the 2007 FEIR, no major development or redevelopment activity has occurred in the City of Vernon. Thus, pursuant to Section 15162(a)(2) of the CEQA Guidelines, no substantial changes have occurred regarding the circumstances under which the project is to be undertaken. 7. The unavoidable significant environmental effects identified in the 2007 FEIR are associated with the long-term build -out of properties in Vernon pursuant to General Plan land use policy and the implementation of those policies through application of Title 26 (Zoning). Those policies and regulations do not allow for any new housing development in Vernon. The proposed 2008-2014 Housing Element 2007 will not change land use policies or allow for any intensification of residential use beyond that analyzed in the 2007 FEIR. Thus, pursuant to Section 15162(a)(3) of the CEQA Guidelines, no new information has come to light which shows that the project will have any additional significant effects not previously identified, that any significant effects will be more severe than previously shown, or mitigation measures previously identified as infeasible are now feasible. Based on the analysis contained in this document and the above findings, the City of Vernon hereby determines that the scope of environmental impact associated with the 2008-2014 Housing Element was addressed in the 2007 FEIR for the City of Vernon General Plan and City of Vernon 2008-2014 Housing Element Update 11 FEIR Consistency Finding Zoning Ordinance update, and no further environmental documentation is required for adoption of the 2008-2014 Housing Element. City of Vernon 2008-2014 Housing Element Update 12 FEIR Consistency Finding r r_ Ift It r r CITY OF VERNON 2008=2014 HOUSING ELEMENT CITY OF VERNON Community Services Department 4305 S Santa Fe Ave Los Angeles, CA 90058 JUNE 2008 Contents HOUSING ELEMENT.................................................................1 1.0 INTRODUCTION..........................................................1 1.1 State Requirement.......................................................3 1.2 Relation to Other General Plan Elements................4 1.3 Sources of Information...............................................4 1.4 Public Participation.....................................................5 2.0 HOUSING NEEDS ASSESSMENT ............................. 7 2.1 Population and Housing Trends...................................7 2.2 Housing Characteristics..................................................8 3.0 HOUSING CONSTRAINTS.......................................16 3.1 Governmental Constraints...........................................16 3.2 Non -governmental Constraints to Housing ..............23 4.0 HOUSING OPPORTUNITIES ........................... 5.0 HOUSING PLAN ........................................................ 42 5.1 Evaluation of Previous Accomplishments ............43 5.2 Goals and Policies .................................... ....46 ............. 5.3 Programs....................................................................46 5.4 Redevelopment Agency Housing Requirements .50 HOUSING ELEMENT 1.0 INTRODUCTION Vernon is located near the geographic center of Los Angeles County. The City is bounded on the north and west by Los Angeles, on the east by Commerce and Bell, and on the south by Huntington Park and Maywood. Vernon is three miles southeast of downtown Los Angeles (Figure H-1) and 15 miles north of major harbor and port facilities in San Pedro and Long Beach. The City's fully industrial nature creates unavoidable conflicts with housing due to safety and environmental concerns. The Southern California Council of Governments (SCAG) historically assigned Vernon very low housing production goals - and in the case of this cycle, a Regional Housing Needs Allocation of zero - in recognition of Vernon's unique status as city devoted exclusively to industrial uses. The City of Vernon is committed to maintaining the existing, long-established housing stock of 31 units. However, City policy precludes the development of any new residential units. Vernon General Plan Housing Element Housing Element -1 Vernon General Plan Housing Element Miles 0 2.5 5 Figure H-1: Regional Location Housing Element - 2 - - - - - - Vernon General Plan Housing Element 1.1 State Requirement The California Government Code is very specific concerning the preparation and content of a housing element. It is the only element which must be reviewed by the State for completeness and compliance with the law before it is adopted. The element examines existing conditions and, through analysis, identifies housing needs and presents programs to meet those needs. The legislature has deemed that the Housing Element is the appropriate mechanism to implement State-wide goals regarding the provision of decent and suitable housing for all persons. The Government Code also makes it clear that the provision of affordable housing is the responsibility of all local governments and that they, using vested powers, should make a conscious effort to see that there are housing opportunities for all income groups (Section 65580). The intent of the State housing element requirements is based on the following concerns (Section 65581): 1. Local governments should recognize their responsibilities in contributing to the attainment of the State's housing goals; 2. Cities and counties should prepare and implement housing elements coordinated with State and federal efforts in achieving the State's housing goals; 3. Each local jurisdiction should participate in determining the necessary efforts required to attain the State's housing goals; and 4. Each local government must cooperate with other local governments to address regional housing needs. This Housing Element was prepared in compliance with State requirements, and covers the required 2008-2014 period for jurisdictions in the SCAG region. Many of the housing goals and programs which are desirable in non -industrial jurisdictions are not feasible in Vernon. The noise, dust, vibration, chemical wastes, and odors from Vernon's local industries (many of which operate around the clock) serve as a deterrent to housing development. Moreover, housing should not be encouraged in close proximity to heavy industry for health and Housing Element - 3 Vernon General Plan Housing Element safety reasons. The Government Code makes it clear that the local government has the responsibility to consider such environmental factors in the Housing Element (Section 65580[e]). Therefore, while each requirement of State housing element law is referenced, this Housing Element reflects the unique realities within the City of Vernon. 1.2 Relation to Other General Plan Elements The Vernon General Plan is comprised of the following six elements: ■ Land Use; ■ Circulation and Infrastructure; ■ Housing; ■ Safety; ■ Resources; and ■ Noise. The Housing Element builds upon the other General Plan elements and is entirely consistent with the policies and proposals set forth by the Plan. The General Plan was comprehensively updated in 2007. As portions of the General Plan are amended in the future, the Plan (including the Housing Element) will be reviewed to ensure that internal consistency is maintained. 1.3 Sources of Information The City of Vernon consists of a single Census Tract, 5324.00. The 1990 Census originally incorrectly attributed Census Tract 5323.01, BG 7 to the City of Vernon, as well as seven units within Census Tract 5324 BG 2, which fall outside the City limits. The City requested a revision from the Census Bureau, and subsequently received an adjustment to its housing unit and population totals (30 housing units, 82 persons). Only one unit has been developed in Vernon since 1980, bringing the total unit count to 31. Unfortunately, the 2000 Census again incorrectly documented the City's unit count as 26 and occupied households as 25, figures which have incorrectly been used by the State Department of Finance (DOF), as well as the Gateway Cities Council of Governments_ (COG). The City has verified the existence of 31 units within its jurisdiction (of which 28 were occupied as of 2005), the addresses for which are listed in the Appendix, along with a memo to DOF requesting correction of the housing unit count. While Census data and data from the COG are used within the Housing Element, it is hereby acknowledged these data Housing Element - 4 represent an undercount of five units. In addition, because of the City's extremely limited housing stock, combined with the fact that the City owns 26 of these units, original data from the City on housing and household characteristics is utilized where available in place of the Census. In addition to housing conditions and market information provided by the City, the following documents serve as supplemental material to the Vernon Housing Element and are incorporated by reference: 1. City of Vernon, Community Services Department: Letter to State Department of Finance, May 26, 2005. 2. 2004 SCAG Regional Transportation Plan Socioeconomic Projections. 3. 2004 Comprehensive Housing Affordability Strategy (CHAS) data; HUD tabulations based on 2000 Census data. 1.4 Public Participation Section 65583 (c)(6)(A) of the Government Code states, "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." For purposes of this Housing Element, community residents will be provided the following opportunities to review and comment on the Draft Element prior to adoption. Upon receipt of comments from the State Department of Housing and Community Development on the Draft Element, the City Council will conduct a public hearing on the Element. (The City Council has not created a separate Planning Commission, so all public hearings are conducted before the Council.) Notice will be published in the local newspaper, will be posted in the City, and will be mailed to those who have a request for notice on file in advance of the hearing. The Draft Element will be available for review in the City's Community Services Department and placed in local libraries. Copies will be made available on request to any person at a nominal charge. The public hearing will provide an opportunity for public comment, and recommendations will be considered by City Council for incorporation into the Element. Vernon General Plan Housing Element Housing Element - 5 Vernon General Plan Housing Element In 2005-2007, the City of Vernon amended its previously certified 2000 Housing Element to address contemplated changes in the City's Zoning Ordinance to further restrict residential uses. The California Department of Housing and Community Development (HCD) reviewed the draft element and found it to be in compliance with State housing element law on May 2, 2006. The amendment received public review, and was approved by City Council on December 3, 2007. This 2008 Housing Element update contains minor amendments to that certified document to address the RHNA for the 2008-2014 planning period and to respond to comments in HCD's certification letter regarding City policy that restricts tenancy of City -owned housing to City public safety employees. In December of 2007, the City also adopted a comprehensive revision to its Zoning Ordinance. As part of this process, the City held a series of six public meetings with property and business owners to discuss changes to the document. This successful outreach process resulted in full support of the revisions to the Zoning Ordinance, including revisions related to housing, by both property and business owners and elected officials. In particular, the Zoning Ordinance now prohibits the construction of any new housing, and provisions that limited tenancy of existing City - owned housing to City public safety employees have been eliminated. The City made the draft Housing Element, with revisions as recommended by HCD, available to the public on June 16, 2008. Notices of the public hearing (held on July 7, 2008) and availability of the document for review were mailed to all residences in the City, as well as to the following service providers: • Human Services Association, Bell Gardens • LA County Social Services Department, Cudahy • St. Matthias Sociaf Service Center, Huntington Park • Mexican American Opportunity Foundation - Community Services, Commerce' • Ability First/East Los Angeles Center, Los Angeles • Eastern Los Angeles Regional Center, Alhambra The notice indicated the web location of the draft Element for download by interested parties, and asked that comments be directed to S. Kevin Wilson, Director of Community Services and Water. Housing Element - 6 2.0 HOUSING NEEDS ASSESSMENT 2.1 Population and Housing Trends City records indicate Vernon's housing stock and related resident population base has undergone little change since 1980. The City had a 1980 housing stock of 35 dwelling units, supporting a resident population of 85 persons. Only one residential unit has been constructed since that time. Several substandard residential units have been removed from the housing stock, including three units in 1984, one unit in 1985, and one in 1992, bringing the current unit count to 31. These housing units are all located west of Downey Road. Since 1980, the resident population has ranged between 77 and 96 persons, with the current population estimated by the City to be 96 persons. The 2000 Census indicates that the majority of residents in Vernon are employed in managerial and sales positions.' Table H-1 Vernon Em to ment 2000 Occupation % of All Jobs Managerial/Professional 37% Sales and Office 30% Service Occupations 14% Production/Transportation 13% Construction/Maintenance 6% Farming, Forestry, Fishing 0% Total Jobs 100% Source: U.S. Census 2000 The Gateway Cities Council of Governments (COG), of which Vernon is a part, has developed population, housing, and employment forecasts through the year 2030. These forecasts have been developed as part of the subregion's input to SCAG for the Regional Transportation Plan, adopted by SCAG in April 2004. As illustrated in Table H-1, SCAG projections show Vernon's households remaining constant at 25, while - population is expected to marginally increase to 99 persons by the year 2030. As previously described in Section 1.3 of the Introduction, as of 2005, Vernon actually had 28 occupied households, not 25 as indicated 1 Employment data from the U.S. 2000 Census is based on samples of the population. Because of the low population in the City, the resulting sample size may have a fairly large margin of error. Vernon General Plan Housing Element Housing Element - 7 Vernon General Plan Housing Element by the Census and subsequently used by the COG. Despite this error, the COG projections are still relevant in that they indicate no future housing growth within the City. Table H-1 also presents the actual household and population count in 2000, as verified by the City, and applies SCAG's projections to these baseline figures, resulting in a 2030 household count projection of 28 and population projection of up to 104 persons. Table H-2 Projected Po ulation and Household Growth 2000-2030 2000 2010, 2020 2030 'Po Hshlds Po Hshlds Pop Hshlds Po Hshlds SCAG 91 25 95 25 97 25 99 25 Ci Actual 96 28 100 28 102 28 104 28 Source: 2004 SCAG Regional Transportation Plan Socioeconomic Projections. 2.2 Housing Characteristics Households In the City's May 2005 correspondence to the State Department of Finance, Vernon documented a total of 28 households or occupied housing units (see Table H-2) with a resident population estimated at 96 persons.2 Average household size is 3.4 persons per unit. The housing stock is not projected to decline over the next 20 years, and any growth in population will be nominal. The City does not expect to experience any increase in the number of persons per household. Housing vacancy is generally very low in the City, with only three rental units unoccupied as of 2005.3 No owner -occupied housing is vacant. 2 Most cities must rely on 2000 Census data to perform their Housing Needs Assessment, and some larger cities may be able to augment this data with American Community Survey annual estimates. The City of Vernon is not included in the annual American Community Survey due to its small population size, so cannot utilize those estimates. However, the City recently completed a survey of housing units and households in the City for the 2006 Housing Element update; this data is again employed here, mostly relying on 2005 data. 3 As of June 2008, six units in the City were vacant and undergoing renovations (all City -owned rental properties). Work is anticipated to be complete in July 2008, with units re -occupied by fall 2008. Housing Element - 8 Table H-3 Housine Characteristics Mac; Housing Characteristics Number Total Housing Units 31 Occupied Units/Total Households 28 Average Household Size 3.4 Total Population 96 =ce: 'Ly O. veruviy %-ommumty Services Department: Letter to State Department of Finance, May 26, 2005 Table H-3 presents data collected by the City in 2005 on housing tenure (owner/renter) and housing units per structure, as reported to the State Department of Finance. Of the total 31 housing units in Vernon surveyed in 2005, 25 were renter occupied, three were owner occupied, and three were vacant. Compared with the countywide figure of 52 percent, Vernon has a significantly higher proportion (90 percent) of renter households. The majority of Vernon s housing stock is comprised of single- family dwellings, with only one apartment building located in the City. The City owns 84 percent of the total housing stock: 26 dwelling units, 18 of which are single family dwellings and one of which is an 8-unit apartment building, and rents these units. Table H-4 Units in Structure/Anucina Tenure 2nnC Total Owner Occupied Renter Occupied. Vacant Units Total Housing Units 31 3 25 3 Detached Single -Family 19 1 15 3 Attached 2 1 1 0 Duplex 2 1 1 0 Apartments 8 0 8 0 Mobile Home 0 0 0 0 Source: City of Vernon 2005, Community Services Department: Letter to State Department of Finance Housing Condition Given the limited housing stock in Vernon, City staff is able to assess housing conditions on an ongoing basis. Although the housing stock is older (largely built before 1950), City staff have determined that all 31 units, or 100% of the housing stock, is well maintained and in good condition. No units have been determined to need replacement. One unit, which had fallen into disrepair, was demolished by its owner in 1992. A major reason for the unusually good quality of housing conditions in Vernon is the City's ownership of 84 percent of the housing stock and its Vernon General Plan Housing Element Housing Element - 9 Vernon General Plan Housing Element responsibility for maintaining these units. As needed, the City performs any required repairs and upgrades. The great demand for industrial space in the City means that unnecessary or poorly maintained units are unlikely to remain unless acquired by the City. Housing Affordability The California Health and Safety Code Section 50052.5 provides the following definition of affordable housing cost based on the area median income level (AMI) adjusted by family size and income level: Calculation of Affordable Calculation of Housing Cost for Owner Affordable Housing Cost for Renters Extremely Low Income 30% of 30% AMI Very Low Income 30% of 50% AMI 30% of 30% AMI 30% of 50 % AMI Lower Income 30% of 70% AMI 30% of 60% AMI (51-80% MFI) Moderate Income 35% of 110% AMI 30% of 110% AMI (81-120 % MFI) Because the City's resident population is so small, its household needs are negligible when traditional needs analysis methods are applied. The Comprehensive Housing Affordability Strategy (CHAS), special 2000 Census tabulations developed by HUD, provides a specific breakdown of household income adjusted for family size. According to CHAS Data, one -quarter of the households in Vernon were low-income, earning between 51 and 80 percent of the Los Angeles County median family income (MFI) of $51,300. All other households earned more than 80 percent MFI. Due to the fact that the City owns and rents most of the housing at unusually low monthly rents, housing overpayment is virtually non-existent.4 City -owned apartments and houses rent at the following levels: 4 No housing units in the City have been sold in recent years. As such, an estimate of ownership housing costs is unavailable. However, recent (2005) land sales for large industrial sites have been priced at approximately $40 per square foot, depending on location, soil condition and necessary demolition costs. Housing Element - 10 ■ 1 bedroom apartment ■ 2 bedroom apartment ■ 2 bedroom house ■ 3 bedroom house ■ 3 bedroom house 2 bedroom apartment Vernon General Plan Housing Element $147 $173 $205 $236 $367 (in Huntington Park) $205 (in Huntington Park) Using the California Health and Safety Code's updated affordability thresholds, current housing affordability at the County level can be estimated for the various income groups (Table H-5). Table H-5 AffnrAnU;1."� A4#.- Income Group AMI adjusted by size Affordable Monthl Payment Housing Costs Maximum Affordable Price Renter Owner Utilities Taxes and Insurance Home Rental Extremely Low (0-30% MFI) 30% AMI One Person $11,880 $297 $297 $50 $80 $29,357 $247 Small Family $15,270 $382 $382 $100 $90 $33,708 $282 Four Person Family $16,950 $424 $424 $125 $95 $35,817 $299 Large Family $18,300 $458 $458 $175 $100 $32,082 $283 Very Low (30-50% MFI) 50% AMI One Person $19,800 $495 $495 $85 $115 $51,858 $410 Small Family $25,450 $636 $636 $125 $130 $67,020 $511 Four Person Family $28,250 $706 $706 $175 $140 $68,778 $531 Large Family $30,500 $763 $763 $200 $145 $73,392 $563 Lower (50-80% MFI) 60%AMI 70%AMI One Person $23,760 $27,720 $594 $693 $100 $165 $75,238 $494 Small Family $30,540 $35,630 $764 $891 $150 $190 $96,816 $614 Four Person Family $33,900 $39,550 $848 $989 $200 $210 $101,738 $648 Large Family 1 $36,600 $42,700 $915 $1,068 $250 $220 $105,034 $665 Moderate (81-120% MFI) 110% AMI One Person $13,560 $1,089 $1,271 $100 $215 $167,967 $989 Small Family $55,990 $1,400 $1,633 $150 $260 $214,998 $1,250 Four Person Family $62,150 $1,554 $1,813 $200 $280 $234,277 $1,354 Large Family $67,100 $1,678 $1,957 $250 $300 $247,351 $1,428 1. Small Family = 3 persons; Large Families = 5 persons 2. Property taxes and insurance based on averages for the region 3. Calculation of affordable home sales prices based on a down payment of 10%, annual interest rate of 6.5%, 30- year mortgage, and monthly payment 30% of gross household income 4. Based on Los Angele County MFI $56,500 and 2007 HCD State Income Limits 5. Monthly affordable rent based on payments of no more than 30% of household income Housing Element -11 Vernon General Plan Housing Element Housing overpayment occurs when a households pays more than 30 percent of gross monthly income on housing costs. Comparing housing costs in Vernon and maximum affordable prices for low- income households in Los Angeles County shows that the City's rental rates are well below the maximum affordable rents for very low-income (less than 50% MFI) households, and some one- and two -bedroom apartments may even be affordable to extremely low-income households (although the CHAS data indicate that there are no very low- or extremely low-income households in the City). As such, no households in Vernon experience a housing cost burden. Certain segments of the population may have a more difficult time finding decent, affordable housing due to special circumstances. Government Code Section 65583(a) requires cities to evaluate the following special needs households in the Housing Element: elderly, disabled persons, large families, female -headed households, farmworkers, and the homeless. Due to the small size of the City's resident population, the magnitude of households in Vernon with special needs is very small. Special Needs Groups Elderly The special needs of many elderly households result from their lower, fixed incomes, physical disabilities, and dependence needs. The City estimates that eight residents in Vernon are age 65 and above, representing a nominal eight percent of the population. The proportion of elderly persons in Vernon is likely to remain low as the majority of the City's limited housing stock is occupied by working -age persons. Disabled The City estimates that two persons living in Vernon have disabilities that would likely affect their housing needs. The City's heavily industrial environment presents added constraints to the disabled. Large volumes of street and rail traffic, and delays caused by trains and parked trucks additionally limit the maneuverability of handicapped individuals. In order to address the needs of its handicapped residents and employees, the City enforces requirements for handicapped accessibility in new construction, and has undertaken a program to install curb ramps for wheelchairs. Housing Element - 12 Large Families/Overcrowding Large families are identified as a group with special housing needs based on the limited availability of adequately sized, affordable housing units. Large households are often of lower income, which can result in the overcrowding .of smaller dwelling units and in turn accelerate unit deterioration. The 2000 Census identifies eight households as having five or more members, five of which are renter -occupied and three of which are owner occupied. The City's industrial character presents similar disadvantages for families with children as it does for the handicapped. Access to residential services, such as education, recreation, and local retail goods and services, is along roadways with high levels of truck traffic, railroad crossings, and loading activities. These conditions make pedestrian access to residential service facilities difficult and often unsafe, particularly for children. In terms of household overcrowding (defined as greater than 1.01 persons per room), the 2000 Census identifies that one rental unit is overcrowded in Vernon, and no ownership housing is overcrowded. With only one overcrowded unit in the City, household overcrowding is not a significant issue. Female -Headed Households Female -headed households tend to have low incomes, thus limiting housing availability for this group. The 2000 Census identifies three female -headed households in Vernon, representing 12 percent of all households. The housing needs of female -headed households of lower income can be addressed through the continued provision of the currently existing affordable housing in the City. Farmworkers According to the 2000 Census, no Vernon residents have Farming, Forestry, and Fishing occupations. Due to the lack of opportunities for agricultural operations and the highly industrial nature of the City, no farming operations exist in Vernon. As such, the City has no need for farmworker housing. Homeless Throughout the country, homelessness has become an increasing problem. Factors contributing to the rise in homelessness include the general lack of housing affordable to low and moderate income persons, increases in the number of persons whose Vernon General Plan - Housing Element Housing Element -13 Vernon General Plan Housing Element incomes fall below the poverty level, reductions in public subsidy to the poor, and the deinstitutionalization of the mentally ill. The 2007 Greater Los Angeles Homeless Count conducted by the Los Angeles Homeless Services Authority (LAHSA) reported a population of approximately 73,000 homeless in Los Angeles County on a single night survey. In Census Tract 5324, of which Vernon is a part, the single -night survey reported 11 homeless persons. However, this Census tract includes areas (portions of BG 1, BG 2, BG 4, and BG9) that are not located within the City. Vernon City Police indicate that there are no permanent homeless persons living in the City, and that they rarely see transient homeless. The Police Department therefore estimates that the homeless population in the City is zero. The City is not desirable for the homeless because of the City's industrial environment and its lack of social and residential services. On October 15, 2007, Governor Arnold Schwarzenegger signed into law SB2, which amends Government Code Sections 65582, 65583, and 65589.5 of State Housing Element Law. This legislation requires local jurisdictions to strengthen provisions for addressing housing needs of the homeless, including the identification of a zone or zones where ,emergency shelters are allowed as a permitted use without a conditional use permit. This legislation took effect January 1, 2008 and will apply to jurisdictions with housing elements submitted to HCD 90 days or more after that date. Because the Vernon Housing Element was submitted prior to this 90-day deadline, the requirements of SB2 do not apply to this Housing Element. In addition, with the Police Department indicating that there are no homeless persons in Vernon, the development of a separate emergency shelter is not warranted. More importantly, the industrial and hazardous nature of the City has led both the City and Southern California Association of Governments (SCAG) to determine that it is inappropriate to site new residential uses within the City. An emergency shelter, also a residential use, will therefore also not be permitted within the City. Vernon, uniquely placed as a fully industrial city, does not fall within the intention of the recent SB 2 bill. The allowance of a homeless shelter in an area that has been deemed inappropriate for new housing because of environmental concerns, including noxious odors from rendering and slaughtering, proximity to hazardous waste sites, and truck traffic pollution and noise, would be inequitable and could raise potential environmental justice concerns. Housing Element -14 Vernon General Plan Housing Element A large number of facilities for homeless individuals and families are located within a five -mile radius of the City, in locations that, do not have the environmental constraints that exist in Vernon. For example, the Salvation Army Shelter in the city of Bell is a regional emergency shelter offering emergency and transitional care for up to 340 homeless adults, including 154 in the shelter, 128 in the drug and alcohol program, and 49 in longer term transitional housing. In addition to a place to stay, the Bell Shelter provides case management; substance abuse rehabilitation; individual and group therapy/counseling; on -site health care, medical referrals and HIV/AIDS education; job training; on -site adult education classes and life skills classes. The City of Vernon can address the needs of homeless in the area by supporting nearby shelters such as the Salvation Army Shelter. Future Housing Needs State law requires jurisdictions to provide for their fair share of regional housing needs. The Southern California Association of Governments (SCAG) determines the projected housing needs for Southern California jurisdictions. Future housing needs reflect the number of new units needed in a jurisdiction (future demand), plus an adequate supply of vacant housing to assure mobility and new units to replace losses. These needs were forecast by the 2006-2014 Regional Housing Needs Assessment (RHNA), which considered on a regional and local level: market demand for housing, employment opportunities, availability of suitable sites and public facilities, commuting patterns, type and tenure of housing need, and housing needs of farm workers. In July 2007, SCAG adopted the final 2006-2014 RHNA which included a future housing need of zero (0) in the City of Vernon, consistent -with the City's RHNA allocation for the 1989-1994 and 1998-2005 periods 5 Future housing growth has been deemed inappropriate in Vernon due to the City's pervasive industrial environment and land use incompatibilities related to hazardous materials, background contamination, noxious odors, noise pollution, and truck and railroad traffic. 5 Government Section 65583(a)(1) requires that cities calculate the subset of very low-income households projected in their RHNA to be extremely low- income. Because the City's RHNA is zero, the City's projected need for extremely low-income households is also zero. Housing Element -15 Vernon General Plan Housing Element Energy and Water Conservation Compared with Vernon's energy -intensive industries, housing consumes only a small proportion of the City's total energy consumption. The City utilizes Title 24 energy standards for residential construction to minimize energy consumption. Necessary sound insulation on residential units also results in effective heat insulation, thus reducing energy usage. Power is provided by the City through its electric system. The Southern California Gas Company provides fuel for most heating needs, and offers programs for water heater insulation, attic insulation, and water flow limiting devices. City water is provided to all dwelling units either from ground water or by import from the Metropolitan Water District. Compared to the City's large industrial users, residential water use is minimal, and no special conservation steps have been deemed necessary. 3.0 HOUSING CONSTRAINTS 3.1 Governmental Constraints Future housing growth has been deemed inappropriate in Vernon due to the City's pervasive industrial environment, and land use incompatibilities related to hazardous materials storage and processing, background contamination, noxious odors, noise pollution, and truck and railroad traffic. The City's zoning ordinance, therefore, does not allow the development of new residential housing. These provisions are consistent with the intent of California Planning and Zoning laws that limit housing location or siting in close proximity to heavy industry. These restrictions are consistent with Government Code Section 65040.12, which states that general plans should provide for the "location of new schools and residential dwellings in a manner that avoids proximity to industrial facilities and uses that pose a significant hazard to human health and safety." Because of the environmental factors affecting any future residential development, the City has determined that prohibiting new residential development is necessary for the protection of the public health, safety, and welfare of the residents of the City. Government Code Section 65583(a)(4) requires the analysis of land use controls, site improvements, fees and other exactions required of developers, and local processing and permit procedures. For the reasons described below, no specific development standards are listed in the Zoning Ordinance, nor does the City have in place Housing Element -16 permit processing fees, site improvement requirements, impact fee requirements or procedures for new residential development, These issues are, however, addressed in the following sections of this Housing Element. While Vernon fully intends to retain its industrial focus, it specifically permits continuation of the limited residential uses currently existing in the City, including renovation, restoration, maintenance and repair of those existing residences. Because increases in square footage are not permitted in residential units, housing additions are not permitted in the City. There is no need for development standards for new residential construction since no new dwellings are permitted. And, because the City desires to facilitate and encourage ongoing maintenance and repairs of homes, there are no development standards for renovations, restoration, maintenance, and repair of existing homes. Residential rehabilitation projects are permitted in Vernon when the alterations do not increase the square footage of the home and the rehabilitation is a "Minor Alteration or Repair", as defined in the Zoning Code (less than 50 percent of the fair market value of the buildings on the lot).' As a practical matter, the expansive definition of "Minor Alteration or Repair" and lack of development standards result in limited governmental constraints (other than complying with the building code) that would prevent a homeowner from upgrading or improving a residence within the existing square footage. However, if the hard costs of improvements equal or exceed, over a three year period, 50 percent of the then current fair market value of the building, then the improvement, if voluntary, will be defined as a "Major Alteration or Repair" and terminate the legal nonconforming status of the residence. A Major Alteration or Repair is considered to be the functional equivalent of a tear -down and re -build, which the City does not permit, for the same reasons that it does not permit new construction of residences. However, if the Major Alteration or Repair is necessitated by a natural disaster, such as an earthquake or fire, the owner does have the right to rebuild the residence. At that time, the development standards for the home A minor alteration is that for which the hard costs charged, incurred, or paid for such renovation, alteration, or repair, over a three year period, commencing when the `permit required is issued, or if no permit is required, when the physical portion of the renovation, alteration, or repair is commenced, is less than 50 percent of the current fair market value of all of the buildings located on the same lot. Vernon General Plan Housina Element Housing Element -17 Vernon General Plan --Housing Element would be developed. The City did not undertake to develop those criteria at this time since there are only five private residences in Vernon. Because all residential units in the City are in good condition, no such units will require a major alteration to be undertaken during the planning period. No residential property owners have proposed major renovations to their properties. Residential property owners participated in the recent Zoning Ordinance revision process, and none expressed opposition to the standards that apply to existing, nonconforming residential structures in the City, including the prohibitions on increasing square footage and undertaking major alterations. All residences - whether owned by the City or others - are in good condition, according to City staff. As described above, residential rehabilitation that constitutes a minor alteration (costing, over a three year period, less than 50% of the market value of the building) is permitted. Because minor alterations are permitted and existing standards will allow renovations of these units, the limit on major alterations is not considered an impact to the maintenance and improvement of the City's housing stock. As discussed later in this section, to accommodate housing. needs of the disabled, the restrictions on major alterations will be addressed as needed through the implementation of reasonable accommodation procedures. It is the City's intent to encourage and actively participate in the rehabilitation of existing residential units. The process is straightforward and not burdensome; there is no entitlement process required for rehabilitation projects. Residential rehabilitation projects that are Minor Alterations or Repairs and do not exceed the existing square footage require only a building permit. The building permit process timeframe depends on the complexity of the renovation. Complex renovations involving new electrical systems, plumbing, etc. can take up to three weeks to process. The City has no intention of removing any of the 31 units in the City, as all units are in good condition. Replacement of housing units that have been demolished or destroyed due to force majeure (defined as an event that is not within the control of the owner of, the property, including, without limitation, earthquake, flood, fire, and acts of war or terrorism) are permitted. A building permit would be required, and a housing unit would be permitted to be rebuilt up to the existing building square footage. The development standards for the reconstructed dwelling would be determined at that time. Housing Element -18 The City has adopted the California Building Code with some minor local amendments related primarily to industrial buildings in the City. The amendments include administrative processes such as the establishment of City permit fees and appeals boards, as well as requirements specific to hazardous and industrial uses such as fire access roads, spray booths, and storage of explosive and flammable materials. Vernon has also made additional amendments to protect the safety of workers and residents within the City. Specifically, the City requires all wiring to be in a metallic conduit, to protect workers and residents from hazards of accidentally driving a nail or screw through wiring. There is a marginal cost increase associated with this precaution, but the benefit associated with safer installation outweighs the cost. The City has also made amendments to require Class A and B roofing material, which is more fire resistive and can stop the potential spread of fire. While this type of roofing material may be more expensive than some standard materials, this amendment is necessary to prevent and quickly extinguish fires that may have far more costly impacts. As such, no restrictions or amendments have been adopted in the Building Code that would constrain housing in the City. The City assesses various fees to cover the costs of permit processing' (Table. H-6). Most of the fees charged are flat fees based on the cost of services, or tiered fees based on the size and cost of the improvement. Fees charged are comparable to surrounding communities in Los Angeles County, and as such, do not pose a constraint to housing maintenance and preservation. Owners intending to renovate or improve existing, residential units are required to obtain a building permit for a minor alteration. The fee, which is reviewed annually, is based on the cost of the improvement. Vernon General Plan Housing Element Housing Element -19 Vernon General Plan Housing Element Table H-6 r ermit and Fees '1.UU to $2,000 80 2,001 to $5,000 80 for the first $2,000 plus $4 for each additional $100 5,001 to $25,000 200 for the first $5,000 plus $1 or each additional $1,000 25,001 to $50,000 00 for the first $25,000 plus .50 for each additional $1,000 50,001 to $100,000 87.50 for the first $50,000 plus [862.50 .50 for each additional $1,000 100,001 to $500,000 for the first $100,000 plus for each additional $1,000 500,001 and up 2,462.50 for the first $500,000 lus $3.10 for each additional Inspection Outside of Normal Hours 75/hour eins ection Fee 75/hour Additional Plan Review MO/hour Final, Parcel, or Tentative Ma 1,250 - $2,000 Conditional Use Permit 2,875 [Zoning Variance or Amendment 2,000 [Building Code Variance 01,000 Source: City of Vernon Fees, Effective July 1, 2008 The Vernon Department of Community Services is responsible for code enforcement and the maintenance and upkeep of all City - owned units. Enforcement of building code standards does not constrain the improvement of housing in Vernon but instead serves to maintain or improve the condition of the limited, existing housing stock. Of the 31 units in the City, only 5 are not owned by the City. City staff has investigated and determined that none of these 5 units requires significant rehabilitation. At this time, an active code enforcement program is unwarranted due to the limited number of privately owned units (5) and the fact all units are currently in good condition and continue to be well maintained by the owners. The City encourages active maintenance of the housing stock, as evidenced by the extensive rehabilitation the City has undertaken on those housing units that it owns. Community Services Staff is active in the community, and will respond to any visible code enforcement violations or complaints that may require rehabilitation of units. Housing Element - 20 Vernon General Plan Housing Element No new housing units are permitted in Vernon. However, property owners are permitted and encouraged to perform proper upkeep and maintenance, which can include renovations, as long as the existing square footage is not exceeded and the cost of the renovation, over a three year period, does not exceed 50 percent of the market value of buildings on the lot. For all practical purposes, all other controls, permit processes, and fees do not constrain the maintenance and preservation of the City's housing stock. Constraints to Housing for Persons with Disabilities The City has adopted the California Building Standards Code. Standards within the Code of the City of Vernon (through the adoption of the California Building Standards Code) include provisions to ensure accessibility for persons with disabilities. These standards are consistent with the Americans with Disabilities Act. No local amendments that would constrain accessibility or increase the cost of housing for persons with disabilities have been adopted, except that the Zoning Code would not permit the floor area of the residence to be increased or permit any major alterations that equal or exceed fifty percent of the current fair market value of the buildings on the lot. These restrictions will be addressed as needed through the implementation of a reasonable accommodation ordinance or procedures to accommodate housing needs of the disabled (discussed below). Sometimes, a city's definition of "family' can limit access to housing for persons with disabilities when the word is narrowly defined. This can illegally limit the use of housing as group homes for persons with disabilities, but not limit housing for families. The Vernon Zoning Ordinance does not define family, and therefore is nondiscriminatory in its application. The Fair Housing Act, as amended in 1988, requires that cities and counties provide reasonable accommodation to rules, policies, practices, and procedures where such accommodation may be necessary to afford individuals with disabilities equal housing opportunities. While fair housing laws intend that all people have equal access to housing, the law also recognizes that people with disabilities may need extra tools to achieve equality. Reasonable accommodation is one of the tools intended to further housing opportunities for people with disabilities. Reasonable accommodation provides a means of requesting from the local government flexibility in the application of land use and zoning and building regulations or, in some instances, even a waiver of Housing Element - 21 Vernon General Plan Housing Element certain restrictions or requirements because it is necessary to achieve equal access to housing. Cities and counties are required to consider requests for accommodations related to housing for people with disabilities, and to provide the accommodation when it is determined to be "reasonable" based on fair housing laws and the case law interpreting the statutes. State law allows for a statutorily based four-part analysis to be used in evaluating requests for reasonable accommodation related to land use and zoning matters and can be incorporated into a reasonable accommodation ordinance or procedures. This analysis gives great weight to furthering the housing needs of people with disabilities and also considers the impact or effect of providing the requested accommodation on the City and its overall zoning scheme. Developers and providers of housing for people with disabilities must be ready to address each element of the following four-part analysis: ■ The housing that is the subject of the request for reasonable accommodation is for people with disabilities as defined in federal or state fair housing laws; ■ The reasonable accommodation requested is necessary to make specific housing available to people with disabilities who are protected under fair housing laws; ■ The requested accommodation will not impose an undue financial or administrative burden on the local government; and ■ The requested accommodation will not result in a fundamental alteration in the local zoning code. The City abides by the Fair Housing Act, and will institute a clearly defined process for making requests for reasonable accommodation to provide exceptions in zoning, land -use, permitting processes, and building codes. The City will create reasonable accommodation procedures and provide information to residents via public counters at City Hall and on the City's website (Housing Element Program 4). Under current conditions, to provide broad exceptions to zoning and building requirements for housing for persons with disabilities, Vernon would currently utilize variance and/or building permit processes to accommodate requests for special structures or appurtenances (i.e., access_ ramps or lifts), depending Housing Element - 22 Vernon General Plan Housing Element on the type of request. In order, to better accommodate the needs of persons with disabilities, the City has included Program 4 in this Housing Element to establish a written and administrative reasonable accommodation procedure for providing exceptions for housing for persons with disabilities in zoning and building codes. The reasonable accommodation procedure will be crafted to provide ease in receiving zoning and building code exceptions, but will conform to the Zoning Ordinance in that new housing units are not permitted in the City. The State has removed any City discretion for review of small group homes for persons with disabilities (six or fewer residents). The City does not impose additional zoning, building code, or permitting procedures other than those allowed by State law. The City does not impose special permit procedures or requirements that could impede the retrofitting of homes for accessibility. A retrofit would be permitted as a minor alteration (requiring a building permit), as long as the cost of the retrofit was less than 50 percent of the market value of the buildings. The City's requirements for building permits are standard, straightforward, and not burdensome. No CUP or other special permitting requirements are required for retrofitting homes for accessibility. The City's reasonable accommodation procedure will facilitate flexible approaches to retrofitting or converting existing buildings so that they will meet the needs of persons with disabilities. The City's adopted reasonable accommodation procedures will be ministerial and include, but not be limited to, identifying who may request a reasonable accommodation (i.e., persons with disabilities, family -members, landlords, etc.), timeframes for decision -making, and provision for relief from the various land - use, zoning, or building regulations that may constrain the housing for persons of disabilities. The City will also explore the feasibility of offering fee reductions for permit processes that involve retrofitting residences for accessibility, purposes. 3.2 Non -governmental Constraints to Housing In Vernon, there is no land available which would be suitable for the development of housing. Although the Housing Element inventory of vacant and underutilized sites identifies eleven potential sites, serious environmental conditions render these sites unsuitable for residential development. These sites are discussed Housing Element - 23 Vernon General Plan Housing Element in detail below. Environmental factors affecting potential residential development are related to hazardous materials storage and processing, background contamination, noxious odors, noise pollution, and truck and railroad traffic generated by the City's pervasive industrial land uses. Inadequate access to residential services is an additional constraint to residential development in the City. These factors that preclude the use of land for residential purposes in Vernon must be considered; the resulting conclusion that has been reached by the City and supported by the State indicates that new residential uses are inappropriate in the City of Vernon. Market Constraints Government Code Section 65583(a)(5) requires communities to include an analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, the price of land, and the cost of construction. Because the Vernon Zoning Ordinance and land use policies do not allow development of any new housing in the City, these constraints are only briefly addressed in this Housing Element. Based upon information regarding the Vernon commercial and industrial market, recent (2005) land sales for large industrial sites have been priced at approximately $40 per square foot, depending on location, soil condition, and necessary demolition costs. Effective land costs, which also include remediation required to make old industrial sites developable for residential use, make the cost of land significantly higher. Additional costs that would also have to be incurred to make land suitable for residential development include testing for ground contamination, remediation for residential development, and providing minimum safety and nuisance improvements. Although these additional costs might be feasible if the sites were otherwise suitable for residential development, the environmental problems from surrounding uses are so severe that both private market and assisted housing development is precluded on any site in the City. Because ,.the majority of the City's housing stock is owned and managed by the City, maintenance and improvements are overseen and funded by the City. As such, there are no market constraints on the maintenance of housing in the City. The City actively performs maintenance and repairs on all City owned Housing Element - 24 buildings, with twelve of the residences ' being renovated as of January 2008. Hazardous Materials With its history as an industrial City dating to incorporation in 1903, Vernon's heavy and prolonged industrial use is reflected in the following conditions (refer to Figures H-2 and H-3): ■ A high concentration of both underground (38 facilities with 82 underground storage tanks) and above -ground hazardous material storage tanks throughout the City. ■ Within the City, approximately 571 businesses handle/store hazardous materials. Thirty-seven of these businesses handle high levels of extremely dangerous materials regulated by the State. ■ Numerous underground pipelines throughout the City, many carrying potentially explosive materials. ■ Residual soil contamination resulting from prior manufacturing activities on the sites and from previously abandoned chemical waste, open disposal pits, aeration ponds, landfills or petroleum related activities. (A high lead content in the soil is common.) Twenty sites are on the State hazardous waste Superfund List, with one additional site on the Federal hazardous waste Superfund List. ■ Approximately 130 miles of railroad track historically treated with herbicides for weed control. Right -of ways show patterns of contamination from spilling, overfilling or transfer of chemicals. ■ Four California EPA -permitted hazardous waste treatment, storage and disposal facilities. ■ Ten closed landfill sites. Overfilling storage tanks, leaking pipes, and leaking tanks have resulted in residual soil contamination in Vernon. Sixteen sites have been declared Proposition 65 sites (determined by laboratory tests to have excessive carcinogenic or teratogenic chemical contamination). Remediation plans are required to decontaminate the soil. Vernon General Plan Housing Element Housing Element - 25 Vernon General Plan Housing Element Due to high background and other petroleum contamination and lack of feasible clean-up options, several sites were remediated with covenants being recorded to advise future purchasers of the presence of contamination. Due to public health concerns, these sites would be unsuitable for future sensitive land uses such as housing. There is significant potential for chemical spills or accidents due to the high concentration of underground storage tanks in Vernon. The City's Underground Tank Program has resulted in the removal of over 1,000 tanks. Additionally, where structures were threatened by tank removal, numerous underground tanks were abandoned in place. Another component of hazardous materials control in Vernon is the "right to know" program. All businesses in the City are required to submit inventories of all hazardous materials used or stored. The City currently has 571 businesses that handle or store hazardous materials. Class C businesses with very high maximum daily volumes (2,001 to 1,000,000 pounds) are the most prevalent, and are located throughout the City. The risk of upset from businesses handling such high volumes of chemicals, many of which are toxic, is a factor that must be considered in land use planting. If high levels of certain highly toxic chemicals are present in a business' hazardous materials inventory, these businesses are further regulated through the California Accidental Release Prevention Program (CALARP). Such businesses are required to provide the City's Environmental Health Department with a CALARP report detailing how they plan to prevent the release of such chemicals, as well as presenting a plan for clean-up and notification if there were an accidental release. Such regulated chemicals include ammonia and chlorine gas and could impact a large, geographic area if released. As illustrated in Figure H-2, Vernon currently has 37 businesses regulated under CALARP. The locations of businesses throughout the community with underground storage tanks and/or use or storage of chemical materials indicate that the entire City is subject to chemical spills or accidents, thereby illustrating its inappropriateness for future residential development. In summary, Vernon's prolonged history as an industrial City has resulted in significant background contamination. Industries that store or use hazardous materials are pervasive throughout the Housing Element - 26 City. These conditions make Vernon a highly unsuitable environment for sensitive land uses such as housing. Future Energy and Waste Facilities Due in part to Vernon's pervasive industrial character and near absence of residential uses, the City offers a suitable location for large-scale energy -related facilities which most communities would deem environmentally incompatible. The following facilities are currently being proposed within Vernon: ■ Electric Generating Plant ■ Oil Refinery ■ Biodiesel Plant The City has submitted an Application for Certification to the California Energy Commission for the construction of a 943- megawatt electric power generating plant. The generating plant will be sited on 13.7 acres in the central section of Vernon, with an expected completion date of mid-2010. This facility is in addition to the existing 134 megawatt power plant already located in the center of the City. The City is currently investigating the possible expansion of a petroleum -related facility by adding an oil refinery component. The existing fuel distribution facility sits on approximately 40 acres in the northern portion of Vernon, and with the addition of the oil refinery would comprise more than 80 acres. A private company has obtained a conditional use permit from the City to construct and operate a biodiesel plant on a site in the south central section of Vernon. Construction of the plant has commenced and the plant is scheduled to become operational in mid 2008. Several other companies have also come to the City expressing interest in constructing biodiesel plants. Vernon is uniquely situated to bring in biodiesel plants due to the presence of numerous rendering plants which create some of the waste products used in the creation of biodiesel. The proliferation of such large-scale energy and waste facilities in Vernon serves to further contribute to the City's heavy -industrial environment and incompatibility with residential uses. Vernon General Plan Housing Element Housing Element - 27 � . fie• /P. ry g. __ fir" . / •� _ � :I� s :� - wd "r. 4 ' 4 � j ' �� �f � • e •�� aanaNnnoa S • • a00o7 MO •, t 0 41 • •• �• eI° . i• •: • ■' • �• di, I f— 1•. • -. �, • •• ,. a �, p -.. • •; • ame9iatld j+xxeraramzuwxxoiaxm• • ••� •"�"'^" 1 � . � I$'j -•_�. � /..... _ oil I-• .. • A a. ". tl3�11�� � • �•-•/".:.- • • �° I__ .� ,� $ of • a 1• � • 6• ``off _ � i n• • +. g� M e C iw.¢r a °r -iLyye 5:� - 1 $m �i •-• E •ry 3w.s� w •! y uwx..x • IS m ile 7.7 e " l ! AV HOVe61 407 - Z l ' O CL N .O. �coinU `O IN V Vl N O O O W >N fAf.11 N N N V% O Z > N x x x O Q m U o O N N N wO Co p= Z U U U - - M U W W ■ A • • I J r� U) 0 O 'C L N M c Y I , Vernon General Plan Housing Element Noxious Odors Vernon has numerous industries that generate noxious odors, primarily related to the slaughtering and rendering of animals. Overlay districts have been designated in the City's General Plan in an attempt to isolate the locations of offensive industrial uses responsible for excessive noise and noxious odors. These overlay districts include a "Slaughtering Overlay' for uses which involve the slaughtering of animals, and a "Rendering Overlay" for the location of rendering facilities. These uses generate significant adverse effects related to odor and noise, making residential land uses highly incompatible within their vicinity. Noise As could be expected in a highly industrial city, Vernon is exposed to high levels of noise emanating from stationary industrial activity, as well as from trucks, automobiles, and railroad operations. Numerous companies in the City operate equipment, such as large presses and pumps, which produce excessive vibrations and generate noise well beyond the level of acceptability for noise -sensitive land uses within the vicinity. Arterial roadways in Vernon have a very high proportion of truck traffic (approximately 30%), thereby intensifying noise levels surrounding the City's roadways. In addition, four main railroad lines and a number of switching operations are located in the City, generating significant levels of noise. - Figure H-4, derived from the Noise Element, presents noise contours developed for Vernon in 2007 as part of the update to the General Plan. The City's policy is that future residential development should not be permitted due in part to excessive noise levels throughout the City. The 2007 revised Zoning Ordinance established a one -hour standard of 65 dB(A) between 7:00 A.M. and 10:00 P.M. within 0.10 mile of a school or residence, and a 60 dB(A) standard between 10:00 P.M. and 7:00 A.M. within 0.10 mile of a school or residence. Housing Element - 30 F 6 Z 0 Vernon General Plan Housing Element This page intentionally left blank. Housing Element - 32 As evidenced by the contour map, most properties in Vernon are exposed to noise levels of 65 CNEL' and therefore are normally incompatible with sensitive land uses such as housing. The noise contours are based on roadway traffic and do not account for stationary noise sources. The probability is that areas mapped as being outside the 65 dB CNEL may in fact experience excessive noise levels from intermittent or other sources. Truck and Railroad Traffic The City of Vernon is traversed by approximately 130 miles of railroad tracks, with approximately 96 at -grade and seven grade - separated railroad crossings. As previously mentioned, truck traffic is extremely heavy, comprising nearly one-third of all traffic in the City. These conditions not only contribute to excessive noise levels, but also create safety hazards for pedestrians, particularly a problem for the elderly, persons with disabilities, and families with children. Although the construction of the Alameda Corridor has consolidated rail traffic between the Ports of Los Angeles and Long Beach and downtown Los Angeles, no plans have been announced to vacate existing mainline railroads. Some spur tracks have been eliminated, but have been replaced by truck transportation. Figure H-5 indicates the principal transportation elements that contribute to noise and pollution in the City of Vernon: the Long Beach Freeway, arterial roadways, collector streets and mainline railroads. Residential Service Adequacy - - - - Residential development requires the provision of services to meet the needs of the resident population. Services provided at the municipal level include education, recreation, and local retail goods and services. While few such residential services are situated within Vernon, they are generally located within close enough proximity to adequately serve currently existing residences in the City via car or public transportation. However, access to these residential services is along roadways with high levels of track traffic, railroad crossings, and loading activities. These conditions make pedestrian access to residential service facilities difficult and unsafe, particularly for children. The City lacks any area suitable for residential development that has safe access to necessary residential services. ' Community Noise Equivalent Level (CNEL) is a noise measure that accounts for increased human sensitivity to noise at night. Vernon General Plan Housing Element Housing Element - 33 5 F a a. � J _ 1 . Ar 42�e 0 O hr� LIN �E�■ A3�O WOMEN a m■ m ��1 Z■ 8 �r.w; uqs" za m■ Z w J ■ A Av`�"�'rovas,aN *ie bI1N d'71V S A ] YPgy9 7 MEN .. ■ eN DIdI0LNN01N0 : ..-•-, i f ,f 1MMUSEMEN BUNION ■E I OUR 1 1S 0109 1 1 f , ZO 21 MORE a OAIe DWIOtld 4 d , 10 ■ il �� � II� � � 7 ■ �Y N jl F c 1s V03YJ`d'IV o N i a L� Summary of Constraints to Residential Development Extensive industrial development throughout Vernon has resulted in severe environmental conditions that render virtually any site in the City unsuitable for new residential development. Environmental degradation related to hazardous materials and background contamination, noxious odors, noise pollution and truck and railroad traffic present significant land use conflicts for future residential development in the City. In addition, the lack of adequate, safe access to residential services acts to constrain housing opportunities in Vernon. Based on these significant constraints to residential development in Vernon, SCAG approved a future housing need in the City of zero for the 2006- 2014 period. The Gateway Cities COG projections through the year 2030 continue to document zero household growth in the City. 4.0 HOUSING OPPORTUNITIES As previously described under Section 3.0, due to inherent incompatibilities between residential uses and the City's heavy industrial environment, future residential development will not be allowed. There are no sites in the City on which the construction of new residential uses is permitted. However, to abide by State law with regard to a sites inventory, City staff conducted a field survey of properties within the Commercial Overlay District along Santa Fe Avenue and a portion of Soto Street. To assess the current potential for residential development in Vernon as required under Housing Element statutes, staff identified both vacant properties and underutilized buildings, defined as dilapidated and/or unreinforced masonry structures suitable for demolition. A total of 11 vacant sites and underutilized properties were considered to have some limited potential for residential development. These sites are described in Tables H-7 and H-8, and specifically identified as letters A-K in Figure H-6. The following discussion evaluates these sites in terms of environmental safety and residential service adequacy. Environmental Safety Environmental conditions in Vernon are generally incompatible with residential uses. As indicated in Table H-8, all of the Vernon General Plan Housing Element Housing Element - 35 Vernon General Plan --- - Housing Element potential residential development sites in Vernon have some form of negative environmental condition. The land uses surrounding the sites listed in Table H-7 include cold storage facilities, recycling facilities, garment manufacturing, warehousing, and various wholesale operations. The presence of such heavy industrial land uses present significant compatibility issues for residential development. All of the eleven sites are exposed to high truck traffic due to their location on Santa Fe Avenue or Soto Street, both major arterials through the City, with an estimated 30 percent truck traffic. High noise hazards for these sites are directly related to truck, automobile and nearby rail operations. The Noise Contour Map (Figure H-4) shows that noise levels exceed 70 CNEL all along Santa Fe Avenue and Soto Street, indicating residential uses are normally incompatible and should be discouraged. Noxious odors are primarily related to numerous industries in Vernon involved in the slaughtering and rendering of animals, geographically concentrated within the General Plan Slaughtering and Rendering Overlay Districts east of Soto Street. Sites J and K lie immediately adjacent to these districts, and sites A,B,C,D and E are located between 1/2 and 3/4 miles immediately west, and may be subjected to moderate odor impacts depending on prevailing wind conditions. Due to the proximity of the AT&SF rail line which parallels Santa Fe Avenue less than 1,000 feet to the east, all nine sites on Santa Fe are considered to have moderate rail hazards. City records indicate that all eleven of the potential housing sites are exposed to significant levels of hazardous materials from underground tanks, soil contamination and chemicals used for operations in the adjacent area. With 571 businesses currently using or storing hazardous materials, over 80 underground storage tanks, and four hazardous waste treatment facilities, the presence of hazardous materials and hazardous waste is evident throughout the City. A total of 37 businesses utilize regulated substances containing highly toxic materials (CALARP). If an accidental release were to occur at any of these 37 facilities, evacuation would be required for a large geographic area. Housing Element - 36 `LULNu Figure H-6 —•• City Boundary Inventory of Vacant ® Potential Sites and Underutilized Sites HOGLE-IRELAND INC. Vernon Housing Element A Land Planning & Development Consulting Firm Vernon General Plan Housing Element Table H-7 Characteristics of Vacant and Underutilized Sites in Comm ercial/rnd„0ria] 7. Site i GP Site Assessor Size Designation Current No. Parcel # Location Acres and Zone, Site .Improvements A 6302-008-017 2675 Santa Fe Ave 0.09 I - (Comm. Two-story unreinforced Overlay) masonry retail building. B 6302-004-014 2626 Santa Fe Ave 0.58 I - (Comm. Vacant lot Overlay) C 6302-004-017 240127w Street 0.41 1- (Comm. Two-story unreinforced Overlay) masonry building. D 6308-006-010 4300 Santa Fe Ave 0.32 1- (Comm. Tire repair and parking lot. Overlay) Currently for -sale. E 6308-015-008 4901 Santa Fe Ave 0.26 I - (Comm. One-story unreinforced Overlay) masonry building. Dilapidated condition. F 6309-002-009 5200 Santa Fe Ave 0.15 I - (Comm. Truck repair and adjacent Overlay) parking lot. G 6309-002-008 5208 Santa Fe Ave 0.15 1- (Comm. Dilapidated retail building Overlay) H 6309-005-008 5592 Santa Fe Ave 0.15 I - (Comm. Vacant lot Overlay) I 6309-006-012 5600 Santa Fe Ave 0.15 1- (Comm. Vacant, dilapidated Overlay) building and adjacent vacant lot J 6302-020-059 3851 Soto St 0.39 I - (Comm. Southern portion of the lot Overlay) is vacant K 6302-002-031 3655 E. 37th St 2.21 1- (Comm. Gasoline distribution and Overlay) storage facilities; interior portion of the parcel is vacant Source: City of Vernon, Community Services Department. Housing Element - 38 Vernon General Plan `Housina Element Table H-8 Locational Characteristics of Vacant and Underutilized Sites in CommercialAndustrial 7.nnPc On-site/Nearby Sources of Site Surrounding.Land Truck Railroad Toxic Materials (within No. Uses Traffic Noise Odor Hazards 200 ft A Cold storage, retail, High High Mod Mod Nearby underground storage garment mfg, tank. Acetylene, freon, lead warehousing acid batteries, motor oil, antifreeze (waste), gasoline, nitrogen B Cold storage, retail, High High Mod Mod Nearby petroleum release and garment mfg, landfill (closed) warehousing C Cold storage, retail, High High Mod Mod Nearby closed landfill and garment mfg, underground storage tank. warehousing Acetylene, freon, lead acid batteries, motor oil, antifreeze waste , gasoline, nitrogen D Commercial, retail, High High Mod Mod Acetylene, oxygen, garment mfg, wholesale antifreeze/coolant, gasoline, nitrogen, azeotope. 3 CALARP sites within 1200'- 2000'. E Wholesale, garment High High Low Mod Propane, freon, motor oil, mfg, warehousing acetylene gas, coolant, Andero1500, Aderso1750, waste oil, oxygen. F Commercial, retail, High High Low Mod Class B Hazardous materials garment mfg, wholesale site - acetylene, oxygen, waste oil, automotive fluids. The following substances are present on the adjacent site - propane, acetylene, oxygen, motor oil. G Commercial, retail, High High Low Mod Acetylene, oxygen, waste oil, garment mfg, wholesale automotive fluids, propane, motor oil. H Residential, High High Low Mod Acetylene, MEK, oxygen, warehousing, cold propane. storage, wholesale I Residential, High High Low Mod Acetylene, argon, helium, warehousing, cold hydrogen, carbon dioxide, storage, wholesale nitrogen, oxygen, map gas, MEK propane. J Commercial, retail High High High Low Propane, freon, motor oil, acetVlene gas, coolant. K Gasoline distribution Propane, freon, motor oil, and storage facilities High High High Low acetylene gas, coolant, Anderol 500, Adersol 750, waste oil, oxygen, source: t-iry or Vernon, Community Services Department Housing Element - 39 Vernon General Plan Housing Element Based on the preceding analysis of surrounding land use, truck traffic, noise, odor, rail and waste hazards, all eleven sites face significant constraints to residential development. All of these sites have potential ground contamination problems and are within close proximity of sites containing hazardous materials, making them extremely hazardous to potential residents. The development of new residential uses at sites within this industrial environment would create both hardship and hazards for residents substantially greater than those experienced in residential neighborhoods in neighboring communities, and at levels of environmental risk unacceptable for new residential development. Residential Service Adequacy The existing infrastructure in the City, including water, sewer and all dry utilities, is sufficient to accommodate the existing housing in the City, and could accommodate development on the sites discussed in this inventory. However, new residential development in the City of Vernon would also require that the new residents be provided basic residential services. The services provided at the local level include education, recreation and grocery shopping. The estimated distances to these facilities from each site are presented in Table H-9. The California Tax Credit Allocation Committee (TCAC) has established criteria for appropriate distances between residential uses and services, and provides the basis for evaluating residential service adequacy in Vernon. TCAC's distance criteria for public elementary, middle and high schools is a maximum of one-half mile from residential development. The nearest elementary school to the eleven potential residential sites identified in Vernon is Vernon City Elementary; the nearest middle school is Carver Middle School in Los Angeles; and the nearest high school is Huntington Park High School. As indicated in Table H-9, while four of the sites (E, F, G, and H) meet the 1/2mile locational criteria for elementary schools, all ten sites are at least 1-1/2 to 2-1/2miles away from the nearest middle and high schools. The closest full service grocery store to the potential residential sites in Vernon is a Superior Super Warehouse located on Pacific Blvd. in Huntington Park. The TCAC has established a maximum one -mile distance criteria within inner city areas for the distance between residential development and a full scale supermarket where staples, fresh meat, and produce are sold. Review of Table H-9 indicates the nearest grocery store is up to 21/2 miles away Housing Element - 40 from the identified sites, with only four sites (F, G, H and I) falling within TCAC's one -mile standard. The TCAC's locational criteria for public parks is a maximum of one-half mile from residential development. Several park and recreational facilities are located west of Santa Fe Avenue along Compton Avenue, as well as a small park on Long Beach Avenue. Nine of Vernon s potential residential sites lie approximately one mile from one of these parks, and two lie 1-1/2 miles from a park. Table H-9 Residential Service Characteristics of Unimproved and Underutilized Sites in Commercial/Industrial Zone Site No. Nearest Elementary School 'Nearest jr. HigIi h School 14earegt High School "Nearest Grocery $tore Nearest Var ec. Center A 3/4 mile 2 1/2 miles 2 1/2 miles 2 1/2 miles 1 mile B 3/4 mile 2 1/2 miles 2 1/2 miles 2 1/2 miles 1 mile C 3/4 mile 2 1/2 miles 2 1/2 miles 2 1/2 miles 1 mile D 1/4 mile 1 1/4 miles 2 miles 2 miles 1 mile E 1/2 mile 2 miles 1 3/4 miles 11/2 miles 1 mile F 1/2 mile 2 miles 1 1/2 miles 1 miles 1 mile G 1/2 mile 2 miles 1 1/2 miles 1 miles 1 mile H 3/4 mile 21/2 miles 1 mile 1 mile 1 mile I 3/4 mile 21/2 miles 1 mile 3/4 mile 1 mile J 1 mile 2 1/2 miles 1 1/2 miles 1 3/4 miles 1 1/2 miles K 3/4 mile 2 1/2 miles 1 3/4 miles 1 3/4 miles 1 1/2 miles Source: City of Vernon, Community Services Department. In summary, none of the eleven potential residential sites in Vernon fulfills the residential service adequacy criteria established by TCAC for public schools, grocery stores, and public parks. In addition, access to residential service facilities from these sites are along roadways with high truck traffic, railroad crossings, and loading activities. These conditions make pedestrian access to residential services difficult for adults and unsafe for children. Vernon General Plan Housing Element Housing Element - 41 Vernon General Plan - -- Housinq Element Summary of Housing Opportunities In addition to the prohibition of new residential construction in the Zoning Ordinance, analysis of vacant and underutilized sites within the Commercial Overlay District indicates that no site in Vernon is suitable for residential development. The presence of hazardous materials at sites throughout the City and the pervasive danger from truck and rail transportation routes - hallmarks of Vernon's industrial character - provide an undesirable environment for residential development. Government Code Sections 65583(c)(1) and 65583.2(c) require that the sites analysis determine whether the inventory can provide for a variety of types of housing, including multi -family rental housing, factory -built housing, mobile homes, housing for agricultural employees, emergency shelters, and transitional housing. However, as indicated above and in spite of any subsidy that might be provided for assisted housing, Vernon remains unsuitable for any type of new housing development. The Zoning Ordinance does not permit new housing of any kind in the City. Future residential development is inappropriate in Vernon. As reflected by the City's RHNA of zero future housing units and the Gateway Cities COG projections of zero housing growth, opportunities for residential development in Vernon are significantly constrained due to its pervasive industrial character. Consistent with the City's Zoning Ordinance, additional residential development is not permitted in Vernon.6 5.0 HOUSING PLAN The Housing Plan for the Vernon Housing Element sets forth goals, policies, and implementing programs to address the housing needs particular to the City of Vernon. Prior to presenting the goals, policies, and programs, an evaluation of the programs in the previous Housing Element (2000) is presented as a foundation for developing the Plan for the 2008-2014 Housing Element. 6 No zone in the City permits new residential development. The City's RHNA of zero precludes analysis demonstrating how the City's zoning accommodates the needs of lower -income households, (as prescribed by Government Code 65583.2(c)(3). As such, no analysis is required. Further, as described above, all City -owned units are rented at affordable levels. Housing Element - 42 5.1 Evaluation of Previous Accomplishments State law (California Government Code Section 65588(a)) requires each jurisdiction to review its housing element as frequently as appropriate and evaluate: The appropriateness of the housing goals, objectives, and policies in contributing to the attainment of the state housing goal; The effectiveness of the housing element in attainment of the community's housing goals and objectives; and The progress in implementation of the housing element. The Table H-10 shows the progress the City made in implementing the 2000 Housing Programs. An analysis of the effectiveness and continued appropriateness of these programs is provided, and the goals, policies, and programs from the 2000 Housing Element have been updated to reflect this evaluation. The major focus of housing policy in Vernon is to preserve the existing housing stock in the City and to ensure that existing housing in the City is well maintained. The goals and policies of the Housing Element are concerned with emphasizing the need for safe and sound housing in the City. The primary goal of the Housing Element concerns the safety and maintenance of all existing dwelling units. The Housing Element is concerned with the health and safety of residents living on or adjacent to industrial sites. The City's goals -- ----and policies discourage the occupation or construction of dwelling units on or near industrial sites since activities on industrial sites include operations potentially hazardous to residents. In addition, all units are required to have adequate insulation, air conditioning, approved air and water filtration systems, and sound insulation to reduce potentially adverse air quality and noise related impacts from the adjacent industrial uses.? 7 Vernon does not require an adequate sites implementation/rezone program per Government Code Section 65584.09; the City's RHNA of zero required no sites during the previous planning period. Vernon General Plan Housina -Element Housing Element - 43 Vernon General Plan Housinq-Element - Table H-10 Housing Element Accomplishments for 2000-2008 Planning Period daina�nafe Ivii paiYnecY ltoi��ng j .. :. _ . Continue to enforce all relevant building and zoning Progress: The City's Department of Community Services is Policy 1.1 codes to ensure that all responsible for code enforcement activities. Due to the limited number residential units are of units in the City, staff can accurately monitor all units and has adequately maintained. determined that all are in good repair. Effectiveness: The City has been effective in maintaining housing The City will, as required, undertake code enforcement de enforcement conditions in the City, and responds to complaints as needed. The activities on few City renovated twelve City -owned units during 2007. Program privately owned units to Continued Appropriateness: Code enforcement is an important ensure health and safety of component that ensures that the limited number of units in the City residents. remains in good repair. Encourage the separation of Progress: The City discourages the occupation and construction of residential units from dwelling units on or near industrial sites since activities on industrial industrial operations or sites include operations that can be hazardous to residents. storage areas that are Effectiveness: While no residential units have been separated from potentially hazardous to the industrial operations during the planning period, no new units have Policy 1.2 health and safety of their been constructed. occupants. Continued Appropriateness: Safety on the City's industrial properties has been, and continues to be, of the utmost importance to Vernon. Because the City does not permit new residential uses, but will preserve those that exist, this program is no longer necessary and will be removed from the 2008-2014 Housing Element. Require any new or remodeled Progress: The City actively pursues maintenance on City -owned units, residential units to be providing renovations on vacated units and repairs as needed on equipped with air occupied units. In 2007, twelve units received extensive renovations. conditioning, approved air Effectiveness: The City successfully renovated twelve units in 2007, Policy 1.3 and water filtration systems, adding new appliances, updating heating and cooling systems, and and sound insulation to providing insulation for sound protection and energy conservation protect residents from purposes. exposure to adverse Continued Appropriateness: The City owns a majority of residences environmental conditions. in the City. The City is fully involved with the maintenance and upkeep of the properties, and will continue to provide these services The City will continue to Program provide maintenance of City- on other units in the City, as they are needed. No new units will be owned units. allowed in the City, but all remodeled units will be required to provide air filtration and sound insulation protection. Mitigate any residential displacement impacts Progress: No residential units were demolished during the last occurring as a result of planning period. Effectiveness: The City is committed to maintaining the existing Policy 1.4 residential demolition through housing units in the City. unit replacement or relocation Continued Appropriateness: The City's primary housing goal is to of tenant. preserve the existing housing units. The City is committed to mitigating residential displacement impacts, should they occur. Housing Element - 44 Vernon General Plan - - - - _ - Housing -Element saw Provide for the retention of Progress: All units in the City were retained during the last planning existing residential units in the period. City that are economically and Effectiveness: The 31 residential units in the City have all been Policy 2.1 physically sound. determined to be in good condition. Continued Appropriateness: The major focus of housing policy in Vernon is to preserve the existing housing stock and maintain safe and viable housing units. The City has no assisted Progress: There are no assisted housing units in the City. The City housing in its jurisdiction. As does not allow new housing; as such, no new assisted units will be such, there are no housing located in the City. units at risk of losing its Effectiveness: While there are no federally- or state -assisted units in subsidized status. Vernon, the City owns 26 of the City's 31 housing units. These units are rented at levels that are affordable to very -low income tenants. Program City policy focuses on retention and maintenance of the 31 existing housing units, with no plans for removal of any units, City -owned or otherwise. Continued Appropriateness: While there is no assisted housing in the City that requires monitoring, the City will include this program in the 2008 Housing Element discussing assisted housing to address Government Code Section 65583(a)(8). On an as -needed basis, allow Progress: The City did not permit any new dwelling units in the C-M new dwelling units in the C-M zone; no new housing units have been built in the City. zone to accommodate public Effectiveness: In response to HCD's letter dated May 2, 2006 safety personnel. regarding review of the City's draft Housing Element, the City has removed reference to the allowance of new housing for City safety personnel from City policy, and will not permit any new housing in the City. HCD's concern regarding potential discrimination based on Policy 2.2 occupation led the City to adjust its policy accordingly. If the City determines that more housing is appropriate in order to meet the housing needs of residents and employees, it will purchase housing in neighboring Huntington Park, as has been the practice recently. Continued Appropriateness: This policy is no longer appropriate and will be removed from the 2008 Housing Element. The City's Zoning Ordinance was comprehensively updated in 2007 and reflects revised City policy. No new residential uses are permitted in the City. s Prohibit discrimination in the Progress: The City has not been advised of any discriminatory availability of housing, and practices that have occurred in regards to the availability of housing. prosecute anyone found guilty The City will take a proactive approach in enforcing of practicing housing antidiscrimination laws. discrimination. Effectiveness: The City has received no complaints regarding any discriminatory actions and will continue to enforce all fair housing Policy 3.1 law. Continued Appropriateness: The City's Zoning Ordinance does not allow the development of new housing in the City. As such, housing discrimination related to the siting of housing is not an issue. This program will be updated in the 2008 to address a range of fair housing concerns related to the existing housing stock, including access for persons with disabilities. Housing Element - 45 Vernon General Plan Housing Element 5.2 Goals and Policies GOAL H-1 Ensure that all housing units are maintained in decent, safe, and sanitary condition. POLICY H-1.1: Continue to enforce all relevant building and zoning codes to ensure that all residential units are adequately maintained. POLICY H-1.2: Require any remodeled residential units to be equipped with air conditioning, and sound insulation to protect residents from exposure to adverse environmental conditions. POLICY H-1.3: Mitigate any residential displacement impacts occurring as a result of residential demolition. GOAL H-2 Maintain all existing dwelling units within the City. POLICY H-2.1: Provide for the retention of existing residential units in the City that are economically and physically sound. POLICY H-2.2: The City will accommodate the needs of disabled residents through establishment of a reasonable accommodation ordinance or procedures for existing units. GOAL H-3 Continue to promote the availability of a range in existing unit types and sizes, and equal housing opportunity in the City's housing market on the basis of age, race, sex, marital status, ethnic background, source of income, and other factors. POLICY H-3.1: Prohibit discrimination in the availability of existing housing. 5.3 Programs As discussed in this Element, residential development is not permitted in Vernon due to the City's pervasive industrial character. SCAG adopted a future housing need of zero in Vernon as part of the 2006-2014 Regional Housing Needs Assessment, recognizing the incompatibility of locating housing in such a heavy industrial environment. The Gateway Cities GOG has continued to project zero housing growth in Vernon through Housing Element - 46 Vernon General Plan Housing Element the year 2030. As such, programs to increase the City's housing stock are not appropriate. As indicated in the goals and policies, the primary goal of the Housing Element is to ensure the maintenance of the City's existing housing stock. The following programs will implement this goal. Program 1: Maintenance of City -Owned Residences The City owns 26 of the total 31 housing units in Vernon all of which are rented. The City is responsible for the maintenance and upkeep of these units. As indicated in Section 2.0, Housing Needs Assessment, of this Housing Element, all of the City -owned units were determined to be in good repair. In addition, the City has initiated an extensive renovation project on all City -owned units to ensure the continued longevity of existing units. The City has recently completed renovations on 12 units, with an additional 6 units currently undergoing rehabilitation (anticipated completion by July 2008). The City plans to renovate the remaining 8 units by the end of 2011. The City will continue to provide maintenance to these units, thus ensuring upkeep for the majority of Vernon's housing stock. Responsible Agency: Department of Community Services Project Funding: Departmental Budget Timeframe: Complete current renovations (6 units) by July 2008. Complete remaining renovations (8 units) by December 2011. Program 2: Code Enforcement Of the five non -City owned units located in Vernon, none was determined by the City to be in need of substantial rehabilitation. Due to the limited number of privately owned units in the City, a code enforcement program would have limited application. However, it is nonetheless imperative that residential units be adequately 'maintained for health, safety, and aesthetic concerns. Community Services staff is active in the community and will enforce the City's code to eliminate and prevent unsafe conditions in residential units. Community Services staff responds quickly to code enforcement complaints in Vernon. - Services staff is active in the community and will actively monitor all residential units in the City to ensure the health and safety of City residents. Staff will respond to reports of code violations within the week that they are reported, and enforce applicable laws to Housing Element - 47 Vernon General Plan - - - Housing Element - ensure the safety and preservation of all housing units within the City. Responsible Agency: Department of Community Services Project Funding: Departmental Budget Timeframe: Ongoing Program 3: Preservation of Assisted Housing State law (Chapter 1451, Statutes of 1989) requires the City to identify, analyze and propose programs within the Housing Element to address the potential conversion of all federal, State and locally assisted housing developments eligible to change to non -low-income use during the next ten-year period (2008-2018). Government Code Section 65583(8) defines assisted housing developments as the following: "multi -family rental housing that receives governmental assistance under federal programs listed in subdivision (a) of Section 65863.10, state and local multi -family revenue bond programs, local redevelopment programs, the federal Community Development Block Grant Program, or local in -lieu fees. Assisted housing developments shall also include multi -family rental units that were developed pursuant to a local inclusionary housing program or used to qualify for a density bonus pursuant to Section 65915-65917." Vernon has no assisted housing in its jurisdiction, as confirmed by City and State HCD staff, and through review of "Inventory of Federally Subsidized Low -Income Rental Units at Risk of Conversion" (California Housing Partnership Corporation), and the "Use of Housing Revenue Bond Proceeds - 1994" (California Debt Advisory Commission). As a result, there is no housing at risk of losing its subsidized status that must be considered in the Housing Element. Responsible Agency: Department of Community Services Project Funding: Departmental Budget Timeframe: Ongoing Program 4: Housing Opportunities for Residents with Special Needs The Fair Housing Act, as amended in 1988, requires that cities and counties provide reasonable accommodation to rules, policies, practices, and procedures where such accommodation may be Housing Element - 48 necessary to afford individuals with disabilities equal housing opportunities. To create a process for making requests for reasonable accommodation, the City will draft and adopt procedures to provide exceptions in zoning and building codes for housing for persons with disabilities and provide information to residents via public counters and the City's website. This procedure will be a ministerial process, with minimal or no processing fee, subject to approval by the Director of Community Services applying the following decision -making criteria: 1. The request for reasonable accommodation will be used by an individual with a disability protected under fair housing laws. 2. The requested accommodation is necessary to make housing available to an individual with a disability protected under fair housing laws. 3. The requested accommodation would not impose an undue financial or administrative burden on the City. 4. The requested accommodation would not require a fundamental alteration in the nature of the City's land -use and zoning program. Responsible Agency: Department of Community Services Project Funding: Departmental Budget Timeframe: June 2009 Program 5: Priority Water and Sewer Services In accordance with Government Code Section 65589.7 as revised in 2005, after the Vernon Housing Element is adopted by City Council, a copy will be immediately delivered to all public agencies or private entities that provide water or sewer services to properties within Vernon. Responsible Agency: Department of Community Services Project Funding: Departmental Budget Timeframe: 2008 Program 6: Equal Housing Opportunity The Vernon City Clerk's Department is responsible for referring equal housing opportunity questions. Any questions or concerns raised by residents will be accepted by the City Clerk and brought before City Council for resolution. In order to disseminate information on fair housing resources more broadly throughout the City, a Frequently Asked Questions brochure on fair housing (FAQ) will be drafted by the City and be made available on the Vernon General Plan Housing Element Housing Element - 49 Vernon General Plan - Housing --Element City's website and at public counters. The FAQ will include a listing of fair housing resources, in addition to briefly explaining existing fair housing laws and resident rights. Responsible Agency: Department of Community Services; City Clerk Project Funding: Departmental Budget Timeframe: June 2009 Table H-11 summarizes the City's quantified objectives for the 2008-2013 planning period by income group. The City will initiate renovations on eight City -owned housing units during the planning period, in addition to renovations that are currently underway, and encourage the preservation of existing housing units within the City. Table H-11 Rehabilitation and Conservatinn Cna1c2 ot Cteg�' ax�sex�atlbit/ ehalr3iftion -73 r .F Extremely Low -Income Very Low -Income Low -Income 2 8 Moderate -Income 6 23 Above Moderate -Income TOTAL 8 31 5.4 Redevelopment Agency Housing Requirements The Vernon Redevelopment Agency adopted a Redevelopment Plan for the Industrial Redevelopment Project Area in November 1990. The properties included in the approximate 1,988-acre Project Area were those which exhibited the worst blighted conditions and which were in need of public assistance to ameliorate the problems. The Project Area contains a mix of established industrial uses, including food processing, warehousing, manufacturing, truck terminals, and slaughtering and rendering operations. In 1998, the Industrial Redevelopment Project Area was amended to include an additional 137 acres of 2 CHAS data indicates that 25 percent of existing households in Vernon are low income, no households are extremely low or very low income, and 75 percent of households are moderate or above moderate income. The City's quantified objectives have been correlated to these estimates. Housing Element - 50 land, divided into 30 parcels. These parcels are predominantly used for industrial purposes, with significant portions also being used for parking and storage. Four housing units are located within the Project Area, two of which are owned by the City, with no additional housing proposed. The Redevelopment Agency has no plans to demolish or relocate the four housing units in the Project Area. Pursuant to the Community Redevelopment Reform Act of 1993 (AB 1290), the Vernon Redevelopment Agency adopted a five- year Redevelopment Implementation Plan for the 2005-2009 period. This Plan updated the Agency's goals, objectives, and programs from the previous Implementation Plan adopted in 1999. One of the components of the Plan is to detail the Agency's responsibilities under redevelopment law to increase and improve the supply of low and moderate -income housing. The following section summarizes the Vernon Redevelopment Agency's responsibilities with regard to housing production, housing replacement, and expenditures for low and moderate income housing from its Implementation Plan. Housing Production Legislative Requirements Health and Safety Code Section 33413(b)(1) requires that 15 percent of all housing developed or substantially rehabilitated within a project area and without assistance from a redevelopment agency, must be affordable to low and moderate income households, 40 percent of which must be affordable to very low income households. Section 33413(b)(2) requires that 30 percent of all housing developed or substantially rehabilitated with an agency's assistance be affordable to low and moderate - income households, 50 percent of which must be affordable to very low income households. Existing Housing Production in Project Area City records indicate that the housing stock within the Vernon Project Area has undergone a decrease of one dwelling unit since the Project Area was adopted in 1990, leaving a total of only four units. No housing has been added in the Project Area by either the Redevelopment Agency or any other private or public entity. Projected Housing Production Requirements The City of Vernon has no existing or future housing production requirement as defined in Section 33413(b) of the Health and Safety Code. Because the Redevelopment Plan calls for neither the Vernon General Plan Housing Element Housing Element - 51 Vernon General Plan Housing Element construction, destruction, nor replacement of any housing within the Project Area, the Agency does not anticipate any housing production requirement during the five-year Implementation Plan period, or in the future. Housing Replacement Requirements Legislative Requirements When residential housing units affordable to low and moderate income households are demolished, destroyed, or otherwise made unaffordable to households at these income levels as part of a redevelopment project, the agency must replace those units within four years (Section 33413(a) of the Health and Safety Code). The replacement housing obligation is only triggered when the units destroyed or removed are subject to a written agreement with the redevelopment agency or have been financially assisted by the agency. Destroyed units which were vacant but would reasonably be expected to be occupied by low and moderate - income households if occupied, must also be replaced. Replacement units may be located anywhere within the territorial jurisdiction of the agency. Existing Replacement Housing Obligation Within the Vernon Project Area, one housing unit has been destroyed or removed from the housing market since the Project Area was adopted in 1990. This housing unit was not destroyed or removed as a result of any Redevelopment Agency activity or agreement. In 1990 there were five housing units within the Project Area boundaries, and there are currently four units remaining. Anticipated Removal of Units During Five -Year Plan No units are anticipated to be removed as a part of any redevelopment activity of the Vernon Redevelopment Agency during the 2005-2009 Implementation Plan period, or in the future. Projected Housing Replacement Requirements The adopted Redevelopment Plan is not expected to destroy, displace or remove any housing from the market. As a result, the Agency should not have, nor should it incur during its five-year Implementation Plan, any replacement housing obligation as defined under Section 33413(a) of the Health and Safety Code. Housing Element - 52 Vernon General Plan - - Housing Element The City complies with Redevelopment Law regarding residential displacement. Section V of the Report to Council and Section 450 of the Redevelopment Plan set forth the procedures the Agency will follow, should any resident be displaced by redevelopment activities. Additionally, if the Agency executes any agreement that would cause the removal of any low or moderate income housing, the Agency must . adopt a comprehensive replacement housing plan within 30 days of the agreement, and the plan must comply with the requirements of Section 33413 of the Health and Safety Code (see Section V, Proposed Industrial Redevelopment Project -- Report to Council). Redevelopment Housing Set -Aside Requirements Legislative Requirements Sections 33334.2 through 33334.6 of the Health and Safety Code require redevelopment agencies to set -aside 20 percent of the tax increment revenues generated by a project area to a special Low and Moderate Income Housing Fund (Low/Mod Fund). The Low/Mod Fund must be used to "increase, improve and preserve the community's supply of low and moderate income housing" within the territorial jurisdiction of the agency (see Section 33334.3(c) of the Health and Safety Code). The Community Redevelopment Law, however, contains several exceptions to the 20 percent set -aside requirement. Section 33334.2 contains three specific exceptions, which if any one of them applies, exempts the agency from depositing all or part of the required monies in a Low/Mod Fund for a given year. The — -- ---- — exceptions contained in 33334.2 were also incorporated into Section 33334.6 of the Health and Safety Code. A redevelopment agency need not set -aside tax increment for Low and Moderate Income Housing if it can make the following finding: (1)(A) That no need exists in the community to improve, increase, or preserve the supply of low- and moderate -income housing, including housing for very low income households in a manner which would benefit the project area and that this finding is consistent with the housing element of the community's general plan... including its share of regional housing needs of very low income households and persons and families of low or moderate income. (See Section 33334.2 of the Health and Safety Code). The 2008-2014 Vernon Housing Element continues to document that the City of Vernon has no existing housing need. SCAG has Housing Element - 53 Vernon General Plan Housing Element adopted a zero Regional Housing Needs Assessment (RHNA) for Vernon for the 2006-2014 period. The Gateway Cities Council of Governments (COG) Subregion projections through the year 2030 continue to indicate zero housing growth in the City. As discussed above, there are only four housing units within the Project Area boundaries. Two of these units are owned by the City; the remaining two are privately owned. Because of Vernon's heavy concentration of industrial uses and the concomitant environmental and social concerns, Vernon is not suited for new housing development of any kind. The Vernon Redevelopment Agency annually adopts resolutions making the required findings that no housing need exists in the community. The Agency expects to be able to adopt similar resolutions annually with the appropriate findings exempting the Agency under Section 33334.2(1)(A) of the Health and Safety Code, as supported by the City's Housing Element. Redevelopment Housing Set -Aside Fund Projections Because the Agency has determined there to be no need, and expects to continue to be able to adopt such findings, which findings relieve the Agency from depositing money in a Low/Mod Fund under Section 33334.2(1)(A) of the Health and Safety Code, there are no existing or projected housing set -aside funds for the Industrial Redevelopment Project Area. Housing Element - 54 APPENDIX Existing Residential Units in Vernon City Letter to State Department of Finance Vernon General Plan Housing Element Residential Units within the City of Vernon Jurisdiction 1. 3376 E. 50th Street 17. 4323 Furlong Place 2. 3378 E. 50th Street 18. 4324 Furlong Place 3. 3380 E. 50th Street 20. 4326 Furlong Place 4. 3382 E. 50th Street 21. 4327 Furlong Place 5. 3384 E. 50th Street 22. 4328 Furlong Place 6. 3386 E. 50th Street 23. 4329 Furlong Place 7. 3388 E. 50th Street 24. 4330 Furlong Place 8. 3390 E. 50th Street 25. 2328 E. Vernon Avenue 9. 3345 Fruitland Avenue 26. 2332 E. Vernon Avenue 10. 3349 Fruitland Avenue 27. 2334 E. Vernon Avenue 11. 3353 Fruitland Avenue 28. 3550 E. Vernon Avenue 12. 3357 Fruitland Avenue 29. 3560 E. Vernon Avenue 13. 3361 Fruitland Avenue 30. 2801 Leonis Boulevard 14. 3365 Fruitland Avenue 31. 2833 Leonis Boulevard --- - - - - - , -15. 4321 Furlong Place 16. 4322 Furlong Place 19. 4325 Furlong Place Housing Element A-1 ..vAnM',- L L 1 Mb%. 1 4110 Wd VV2 CITY CCJUNCIL LE014 5 C. MALO URG Mayor MOMAS A. 4IiARRA Mayor Pro-Tem WM. OBILi." DAVIS CAund1mar, K "LARRY" GONZALES councgman W. MICFFLAFL WCORMICK comdlmm BRUCE V. MALXENHORST City. Adv&hdvtntot/City clerk Ctdef Hmutive 041 et of >l.ight & % er ERX T, FRISCH crty At Mr,r CITY MALL 4305 SANTA FE AVENUA VEPM , CALWORN'IA M58 TBI:EPLIONE 03) ass-mi May 26, 2005 Daniel Sheya Research Specialist 11 Demographic Research Unit 915 L Street, 811Floor Sa�-rarmenrto, CA 95814 JOHN' KARNS Kamc & Rasblan Ganes! Counsel MUN K7LK V factor of C *=%U- uy SoMeas & tiNatar STEWN E. PA1(t Fire thief SOL BENUDIZ polite Chef LEINI$ f- POMBON I4rrn for of $nvua menud ]Reath RORY BURNETf ,G+.usex Ee ider & Co. LLP C tyAm ntacd Acting ftwee Ditedo. Sub)ect: E-5 C1ty/C0unty Population. and Rotxstng Estimates for Individual Counties DW Mr. Shoya: This latter is in response to your letter dated -May 6, 2005. The City of Venlon Wa-UI'i like to thank you for the opportunity to review the ,.p CitWCounty Popaz]atioL and Housing Estmates for Individual Gourttit;s". The C ty staff tins revkwed the 4103i'icW State Estimates as of January 1, 2005" data for the City of Vernon. Upon resit w of lMs list we have found the follMug figures listed within the document axe irteonwt. The City of Vernon is an industrial City with 31 ?lousing units. The uWts'havc- been verified and We accurate. As scut in the supporling documentation our original siNbmigal was accurate and we request that the list be corrected, nerefore, please changre your records to 1efXect these figures. 'La#aluseboltl Gru 96 0 MR Persons per hoa:9ehold: 3.4,28 "E'xclusl*v Industrial" D v .i�:uaa (12A%Ii�ILa 49JUUi) t Dan Sheya Pap 2 May 26, 2005 If you have any questions regarding this matter you may contact Serg-�o Canales of my staff at (323) 583-$811 extension 219. Very truly yours, ev1n Director of ConnnuWty Services and Water SKW/4e n CITY CLERK'S OFFICE INTER -OFFICE MEMORANDUM DATE: July 14, 2008 TO: Samuel Kevin Wilson, Director of Community Services & Water FROr Nelly Giron, City Clerk RE: t Resolution No. 9653 - A Resolution of the City Council of the City of Vernon Approving and Adopting the Final 2008-2014 Housing Element, Making Findings and Adopting Finding of Consistency With the Final Environmental Impact Report for the General Plan and Zoning Ordinance Update in Conformance With the California Environmental Quality Act Transmitted herewith is a copy of Resolution No. 9653, referenced above, which was approved by City Council on July 7, 2008. NG:dr c: Resolution No. 9653 Resolution No. RA-366 Ea'-4-Arl 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 July 14, 2008 California Department of Housing & Community Development Division of Housing Policy Development 1800 Third Street, Suite 430 Post Office Box 952053 Sacramento, CA 94252-2053 Re: Resolution No. RA-366 - A Resolution of the Board of Directors of the Redevelopment Agency of the City of Vernon Regarding Low- and Moderate -Income Housing in the City of Vernon Dear Sir or Madam: Transmitted herewith is a certified copy of Resolution No. RA-366, ------that was approved by the Board of Directors of the Redevelopment Agency of the City of Vernon on July 7, 2008, along with a copy of the Housing Element Update of the General Plan and the Final Regional Housing Needs Assessment. If you have any questions regarding this matter, please call Mr. Samuel Kevin Wilson at (323) 583-8811 ext. 245. Very truly yours, Nelly Giron City Clerk NG:dr Enclosures c: S. Kevin Wilson Resolution No. RA-366 Resolution No. 9653 EXc(usivefy Industria( CERTIFICATE STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES) I, Manuela Giron, Secretary of the Redevelopment Agency of the City of Vernon, County of Los Angeles, State of California, hereby certify that the attached is a full and complete copy of: RESOLUTION NO. RA-366 - A Resolution of the Board of Directors of the Redevelopment Agency of the City of Vernon Regarding Low- and Moderate -Income Housing in the City of Vernon IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official Seal of the City of Vernon, County of Los Angeles, State of California, on this day of July 2008. SEAL: zl_� Manuela Giron Secretary