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Resolution No. 098692 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. 9869 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND ADOPTING A REVISED FINAL 2008- 2014 HOUSING ELEMENT OF THE CITY OF VERNON WHEREAS, on December 3, 2007, the City Council of the City of Vernon adopted Resolution No. 9484 approving the City of Vernon General Plan; and WHEREAS, on December 17, 2007, the City Council of the City of Vernon adopted Ordinance No. 1139 adopting a Comprehensive Zoning Ordinance (the "Zoning Ordinance"); and WHEREAS, on July 7, 200.8, the City Council of the City of Vernon adopted Resolution No. 9653 approving a 2008-2014 Housing Element (the "Housing Element") as part of the City of Vernon General Plan and making findings and adopting finding of consistency with the Final Environmental Impact Report for the General Plan and Zoning Ordinance; and WHEREAS, the Housing Element was forwarded to the State of California Department of Housing and Community Development ("HCD"),--�for final review and approval; and WHEREAS, on October 14, 2008, the HCD provided comments on the adopted Housing Element and the City transmitted proposed revisions to the Housing Element to the HCD; and WHEREAS, on December 24, 2008 the HCD accepted the City's Housing Element as revised; and WHEREAS, the Director of Community Services & Water has recommended that the revised Housing Element be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 26 27 28 CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby approves and adopts the revised Vernon General Plan 2008-2014 Housing Element, a copy of which is attached hereto as Exhibit A and incorporated herein by reference. SECTION 3: The City Council of the City of Vernon hereby directs the City Clerk, or her designee, to send a copy of the revised Vernon General Plan 2008-2014 Housing Element to the State of California Department of Housing and Community Development pursuant to Government Code Section 65585(g) at the following address: I/ / / I/ / / State of California -business, Transportation and Housing Agency Department of Housing and Community Development Division of Housing Policy Development Attention: Cathy E. Creswell, Deputy Director 1800 Third Street, Suite 430 P. 0. Box 952053 Sacramento, CA 94252-2053 - 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 SECTION 4: 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 23'd day of February, 2009. ATTEST: MANtELA GIRON,Ci y Clerk Name: Leonis C. Malbura Title: Mayor / --Mmay-E���� - 3 - 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. 9869, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Monday, February 23, 2009, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. (SEAL) A"Z2 11'4� MANUELA Gf�O�W, City Clerk - 4 - 2008-2014 HOUSIN,G ELEMENT HOUSING ELEMENT 1.0 INTRODUCTION Vernon is located near the geographic cer�ter of Los Angeles County.'1he City is bounded on the north and west by Los Angeles, on the east by Commerce and Bell, 4nd on the south by Huntington Park and Maywood. Vernon is three miles southeasto,f 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 Mlocation of zero - in recognition of Vemon'sunique 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 residentml units. Vernon General Plan Housing Bernent Housing Vement - I 1.1 State Requirement The i 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-wid.e goals regarding the provision of decent'and suitable I 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 opporturd ties for all 'income groups (Section 65580). 1 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 safety reasons. The Government Code Vernon General Plan Housing Elernent Housing Element - 3 Vernon General Plan Housim Element makes it clear that the local government has the responsibility to consider such environmental factors in the Housing Element (Section 65580[e]). Therefore, while eachrequirement 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; 5 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 Micorrectly 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 juris I diction (of which 28 were occupied as of 2005), the addresses for which are listed in Appendix C, 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 Housing Mement - 4 Vernon General Plan Housing �Iernent Element, it is hereby acknowledged these data 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. Utter to State Department of Finance, May 26, 2005. 2. 2004 SCAG Regional Transportation Plan Socioeconomic Projections. 3. 20014 Comprehensive Housing Affordability Strategy (CHAS) data; HUD tabulations based on 2000 Census data. j 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 Plarming 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 Housing Eletnent - 5 Vernon General Plan Hoqsigg,glement comment and recommendations will be considered by City Council for incorporation into the 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 ibis 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 housin& 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 an 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 Social 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 I -lowing Element - 6 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. No comments were received during the public review period. Following the review period, on July 7, 2008, a City Council public hearing was held to review and adopt the Housing Element. No written or oral comments were received during the public hearing. 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 tmvlovm, Managen �al/ProfesAional Sales and Office Service Occupations Production/Transpor Construc: "on Maintenance Farmm1g, Forestry, Fishing I To�2! Jobs I Employment data from the U.S. 2000 Census is based on samples of the population. Because of the law 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 Hpq�ing Element The Gateway Cities Council of Governments (COG), of which Vernon is a part has Aeveloped population, housing, and employment forecasts, through the year 2030. These forecasts have been developed as part of the -subregioes 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 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 Proiected Povulation and Household Growth 20MI-MIA .2 rdol 10shids, 9*. RAW- :Hihlds. SCAG 91 25 05 25 97 25 99 25 9!X (&(Lu 96 28 100 28 102 28 104 1 2004 5UAU 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 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; tMs data is again employed bere, mostly relying on 2005 data. Housing Element - 8 Vernon General Plan Housing Element 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-Gccupied housing is vacant. Table H-3 HousinLr CharacteristieR 2005 Total Housing Units. 31 Occupied Units/Total Households Average Household Size 3.4 Total Population 96 b(mrce: Uty ot Vernon, Uommuruty Z�ervwcs Departinent; Letter toIftte 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 budding located in the City. The City owns 84 percent of the total housing stock: 26 dwelling unitsi 18 of which are single family dwellings and one of which is an 8-unit apartment building, and rents these units. Table H-4 VoRs JA StruptureMousing Tenure M5 000her epl. V 60ht .1 'A Total Housing units 31 3 25 3 De!!cheJ Singl2jamily 9 1 1� 3 Attached 2 1 1 0 Duplex 2 1 1 0 Apartments 8 0 8 J 0 0 0 0 Source: City of Vernon 2005, Community Services Department Letter to State Department of Finance 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-occapied. by fall 2W8. Housing Element - 9 Vernon General Plan Hou�ing Element 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 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 A ffordapffity The California Health and Safety Code Section 50052.5 provides the following definition of affordable housing cost based on the area median income level (AW) 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 30% of 30% AMI (0-30% MFI) Very Low Income (0-50% p 30% of 50% AMI 30% of 50% AM] Lower Income (51-80% MFI) 30% of 70% AMI 30% of 60% AMI Moderate Income (81-120% MFI) 35% of 110% AM 30% of 110% AMI 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-mcome, earning between 51 and 80 percent of the Los Angeles County median family income (MFI) of $51,300. All Housing Elemeni - 10 Vernon General Plan Housing Element other households earned more than 80 percent MFL Due to the fact that the City owns and rents most of the housing at unusually low monthly rents, housing overpayment is virtually non-existenM City -owned apartments and houses rent at the following levels: a 1 bedroom apartment $147 0 2 bedroom apartment $173 a 2 bedroom house $205 0 3 bedroom house $236 M 3 bedroom house $367 (in Huntington Park) a 2 bedroom apartment $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). 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 (200) land 'Sales for large industrial sites have been priced at approximately $40 per square foot, depending on location, soil condition and necessary demolitiorkosts. Housing Element - 11 Vernon General Plan Housing Element Table H-5 Aff6rdabilif-v Matriv . . . . . . . . . . & Extremely Low (O-Wlo MR) 30% AMI rrr One Person $11,886 $50 $so $29,357 $247 SmallFamily $15,270 $3K $382 $iO6 $90 $33,708 $282 Four Person Family sm,950 $424 442i-- $125 $95 $35,817 $299 Large Family �18,300 W8 $IZ $100 $3ZO82 $283 Very Low (30-500/a MR) 500/6 AMI One Person $1918,60 $499 $495 $&5 $115 $51,858 $410 small Family $25 1 �4 1 50 $6 1 36 $636 $125 $ . 13 1 0 $67,020 $511 Four Person Family 250 $7'06� $7 06 $ . 175 $140 $68,778 $531 Large Family .$763 $763 $200 $145 $73,392 $563 Lower (6040% MR) 600/,,AMl 70%AMl One Person $23,760 $7,72U %94 $693 $lW $165 $75,238 $494 small E!T�y W, 540 $764 $891 $150 $190 $96,816 $614 Four Pe M Family $33,900 $39,550 $848 $989 $200 $210 $101,738 $648 Large Family $36,6DO $dZ700 $915 $1,068 $250 $�W. $105,034 $665 Moderate (81-1201/16 MR) AMI 6w Person $43,560 $1, 1 089 $ 100 $215 $167,967 $989 Small Family $55,990 $1,400 L$;1,271 $1,633 $150 $260 $214,998 $1,250 Pour Persm Famihj $62,150 $1,554 :M $1,813 $200 $28 . 0 $234,277 $1,354 Large Fan,&y �6�,100 $1,678 '957 $250 $300 , $247,351 $1,428 Notations: 1. Small Family = 3 persms; 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 Angeles County ME $56,500 and 2007 HCD State Income Limits 5. Monthly affordable rent based on payments of no more than 30% of household income Homing Element - 12 Vernon General Plan Houping Element Housing overpayment occurs when a households pays more than 30 percent of gross montMy 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% T*M) householdsi 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, Cert ain 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. Speoial 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 I , added constraints to the disabled. Large volumes of street and rail traffic, and delays qaused 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 - 13 Vemon General Pian Hopising Element Large Familles/Overcrowding Large families are identified as a group with special housing needs based on the limited availability of adequately sized, affordable housing unita. 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 ren.ter-occupied and three of which are owner occupied. The City's industrialcharacter 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 residenti Ol 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 housin * g 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 fernale-headed households in Vernon, representing 12 percent of allhouseholds. The housing needs of female -headed households of lower income can be addressed through the continued provision of the currently existingaffordable housing in the. City. Farmworkers According to the 2000 Census, no Vernon residents have Farming, Forestry, and Fishing occupations. Due to the laick of opportunities for agricultural operations and the highly industrial nature of the City, no farmin operations exist in 9 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 Housing Element - 14 Vernon General Plan Housing Element persons whose 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. h-t 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 tl-ds 9&-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 m'appropriate 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 Housing Element - 15 Vernon General Plan Housing Element inequitable and could raise potential environmental justice concerns. 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 n the . drug and alcohol program, and 49 in longer term transitional housmig. In addition to a place to stay, the Bell Shelter provides case management; substance abuse rehabilitation;' individual and group therapy/counseling; on -site health carp, medical referrals and HIV/AID� 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 supportmg nearby shelters such as the Salvation Army Shelter. Future Housing Nevels 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 I . 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 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 exhvniely low-income households is also zero. Housing Element - 16 Vernon General Plan Housing Element contamination, noxious odors, noise pollution, and truck- and railroad traffic. Energy and Water Conseivation 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 Distric . t. 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 residentia. I I 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 prolubiting 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) Housing Elment - 17 Vernon General Plan Housing Element 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 permit processing fees, sitc, 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).6 As a practical matter, the expansive definition of, "Minor Alteration or Repair" and lack of development standards result in limited gov . ernmental 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 A minor alteration is that for which the hard costs charged, incurred, or paid for such renovation, alteration, or repaiz� 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 valu� of all of the buildings located on the same lot. - Howing Element - 18 Vernon General Plan Housing Element 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 Jhe 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' r At that time, the development standards for the home would he developed. The City did not undertake to develop those criteria at this time since there are only five private residences in Vernon. The Major Alteration provision does not constrain the maintenance of the existing housing stock, as property owners are permitted to undertake a broad array of improvements that extend the life of residential structures and im , , prove unit conditions, Under State lawany and all such improvements canbe pursued consistent with Health & Safety Code Section 17922(d) and Section 17958.8 relating to the alteration and repair of existing buildings. Section 17922(d) relates to the standards adopted by the State, which the Zoning Ordinance in no way invalidates. This section discusses the use of original materials and methods for the repair, replacement, or extension as long as it meets Building Code standards. The Zoning Ordinance has no provisions or fin-dtations on the construction materials utilized. Section 17958.8 is similar, as it is addresses the use of original construction materials and methods. Nothing in the Zoning Ordinance or Building Code prohibits the use of original materials and methods, with the exception of an unreinforced masonry structure, which would have to, be seisn-dcally retrofitted. As no residential units in Vernon are constructed of unreinforced masonry, this does not affect any housing units. 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 Cityincluding 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 Housing Blement..19 Vernon General Plan Housing !Elernent (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 i's 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. Ile 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. The City has adopted the California Building Code i with some minor local amendments related primarily to industrial buildings in the- City. Per Health and Safety Code Sections 17958.5 and 17958.7, the City made required findings and filed such findings with the California Building Standards Commission. 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 Housing Ekment - 20 residents from hazards of accidentally driving a nail or screw through wiring. There is a marginal cos t 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 niaterials, 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. Owne rs 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. 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, e'xistinR hous' ck. 1119 sto Of the 31 units in the Cit I y, 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 um Vernon General Plan Housing Element Hotiong Element - 21 Vernon General Plan Housing Element Table H-6 rarm' U ninA V�. 1.00 to $2,000 so 2,001 to $5,000 80 for the first $2,OOD plus $4- fox ach additional $100 $5,001 to $25,ODO 200 for the first $5,000 plus $1C each additional $1,000 $25,001 to $50,000 .0 for the first $25;000 plus .50 for each additional $1,000 $50,001 to siO0,000 87.50 for the first $50,000 plus .50 fox each additional $1,000 $100,001 to $500,000 862.50 for the first $100,W0 plus for each additional $1,000 M,001 and up 2462.50 for ��e first $500,000 $3.10 for each additional 1,000. hour Reinspection Fee . hour Additional Plan Review 0/hour Final, Parcel, or Tentative Map 1,250- $2,006 Conditional Use Permit -1875 Zoning Variance or Amendment ZOOO P��Code Variance 1,000 No new housing units are permitted in Vernon. Ho . wever, 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 notexceed 50 per�ent ue of the market val 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 Ci has adopted the California Building Stand .. ty ards 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 perjons 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 Housing Element - 22 Vernon General Plan Housing Element 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, e ce qual or ex ed 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 accommo - date housing needs of the disabled (discussed Wow). Sometimes, a city's' definition of "family" can limit access to housing for pers - ons with disabilities when the word is narrowly defined. TTds can illegally limit the use of housing as group homes for, persons with disabilities, but not limit hous for families. The Vernon. Z . ing oning Ordinance does not define family, and therefore is . nondiscriminatory �in its application.: The Fair, Housing Act, as �amended in 1988, requires that c' ities and counties provide reasonable accommodation to rules, policies, practices, afidprocedures where such accommodation may be necessary to afford indivi iduals with disabilities -equal housing opportunities. While fair housing laws in.tend that all people have equal access to.housing, the law also recognizes that people with disabilities may needextra 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 certain restrictions or requirements because it is necessary to achieve equal access to housing. Cities and counties I are required to consider reques I ts 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 u . sed 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 ne eds of people with disabilities and also considers the impact or effed of providing the requested accommodation on.the City and its overall zoning scheme. Developers and providers of Housing Element - 23 Vernon General Plan Housing Element housing for people with disabilities must he 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 cre . ate 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 spe . cial structures or appurtenances (i.e., access ramps ' or lifts), depending on ffie type of request. In order to bet -ter accommodAe the needs of persons with disabilities, the City has included Program 4 in this Housing Ejerne nt 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 OTdinance 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 Housing Element - 24 Vernon General Plan Housing Element 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 dim 50 percent of the market value of the buildings. The City's requirements for building pern-dts 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 Non7governmental 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 in detail below. Environmental fac ' tors affecting potential residential development are related to hazardous materials storage and processin& 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 - Housing Element - 25 Vernon General Plan Housing Flement Market Constraints Government Code Section 65583(a)(5) requires communitids 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 rernediation 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 M' the City. The City actively performs maintenance and repai'rs-on all City owned 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, Vemor�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. Housing Element - 26 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, landfifls 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. 0 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 carcmiogemc or teratogenic chemical contamination). Remediation plans are required to decontaminate the soil. 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 Vernon General Plan Hotjslng,�Iement Housing Element - 27 Vernon General Plan Housing Element 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 bu ' sinesses handling such high volumes of chemicals, many of which are toxic, is a factorthat must be considered in land use planning. If high levels of certainhighly 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 chlorin�a 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 businesse.s'throughout the community with underground storage tanks and/or use or storage of chen-dcal 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 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 industrialcharacter 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 Homing Element - 28 nsi a i'. If 1ALL 64"W" J1 0 'A 'w 5V LJIL ul OR lop-, (w a Few 77 M.T 0 M. LSODS 0 E7 1:111WREE AVWX DO 'E T E S LL 0 J 2 0 co x C: CD 0 C 0 zill z 51 W ' L 0.1 :MC m -7 adAINAl j 11 j 9 as OLLor E Ti IF - im, E<z c LL U) (D ca 0 tm E 0 0 V cc 0: 2� CO 0 E Vernon General Plan Housing Element TWs page intentionally left blank. Housing Element - 32 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. 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 ardimals, and a "Rendering Overlay" for the location of rendering Vernon Oweneral Plan Housing Element HousingElement - 33 Vernon General Plan Housing Element. 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 vibrationsand 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 H4, 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 16:00 P.M. within 0.10 mile of a school or residence, and a 60 dB(A) standard be I tween 10:00 P.m. and 7.00 A.M. within 0.10 mile of a school or residence. Housing Element - 34 Vemon Gener-alPlan Housing Element TMs page intentionally left blank., Housing Element - 36 As evidenced by the contour map, most properties in Vernon are exposed to noise levels. of 65 CNEU 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 stationaxy noise sources. The probability is that areas mapped as being outside the 65 dB CNEL may mi fact expe . fien e IeVels from intermittent or other ce excessive nois 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, t . ruck traffic is extremely heavy, comprising nearly one-third of all traffic in the City. These c6nditions; not only contribute to excessive. noise levels, but also create safety hazards for pedestrians,. particularly a problem for the elderly, persons with dislabilities, and families with children. Although the constr I uction Df the A lameda 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 7Community Noise Equivalent Level (CNEL) is a noise measure that accounts for increased human sensitivity to noise at night Vernon General Plan Housing glernent Housing Element -.37 1 0 9L 0 'IE Lo a 0 Lu LL 0 0 E 0 0 CL zil Of za 0 Vernon General Plan Housing F-lompnt, This page intentinnafly left blank. Hous , ing E, lement - 40 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 childrent. The City lacks any area suitable for residential development that has safe access to necessary residential services. 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 Citys 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 un.reinforced masonry structures suitable for demolition. A total of 11 vacant sites and underutilized properties were considered to have some limited potential for residential Vernon General Plan Housing Element HousingElement - 41 Vernon General Plan Housing Element 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 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 ABCD 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 wWch 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 treatmentfacilities, the presence of hazardous materials and Housing Element - 42 LEGEND Figure H-6 City Boundary inventory of Vacant Potenfial Skes and Underutilized Sites o IGLE-IR51.AO RE Wmon U; 7en�j Flin w Plooft & DemlopmWE COMIdfixgFrm Vernon General Plan Housing Element Table H-7 Characteristics of Vacant and Underutilized Sites in Commercial/Industrial Zones Des Ak an e: t A 6302-OOM7 2675 Santa Fe Ave 0.09 1 - (Comm. Two-story unreinforced Overlay) masonry retail building. 13 6302-004-014 1 Santa Fe Ave 0.58 1 - (Conun. Vacant lot 12626 Overlay) C 6302-004-017 2401 27th Street 0.41 1 - (Comm. Two-story unreh-iforced 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 1 - (Comix-L One-story unreinforced Overlay) masonry building., Dilapidated condition. F 6309-002-009 5200 Santa Fe Ave 0.15 1 - (Comn-L Truck repair and adjacent Overlay) parking lot. G 6309-002-M8 5208 Santa Fe Ave 0.15 1 - (Comm. Dilapidated retail building Overlay) H 6309-005-008 5592 Santa Fe Ave 0.15 1 - (Conum Vacantlot Overlay) 1 6309-006-012 5600 Santa Fe Ave 0.15 1 - (Comn-L Vacant, dilapidated Overlay) building and adjacent vacantlot J 6302-020-059 3851 Soto St 0.39 1 - (Conum 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 - 44 Vernon General Plan Housing Element Table, H-8 Locational Owacteristics of Vacant and Underutilized Sites in Commercial/Industrial Zones J., �Odot Haz 4:4:., A Cold storage, retail, High High Mod Mod Nearby underground storage garment mf& tank. Acetylene, freon, lead warehousing acid batteries, motor oil, antifreeze (waste), gasoline, 2!!Io�en B Cold storage, retail, High High Mod Mod Nearby petroleum release and garment mfg, landfill (dosed) ware -housing C Cold storage, retail, High High Mod Mod Nearby dosed landfill and garment mfg, underground storage tank. warehousing Acetylene, freon, lead acid batteries, motor oil, antifreeze (waste), gasoline, nitrogen Commercial, retail, High High Mod Mod Acetylene, oxygen, garment mf& wholesale antifreeze/coolant, gasoline, nitrogen, azeotqpe. 3 CALARP sites within 12W- 20W. E Wholesale, garment High High Low Mod Propane, freon, motor oil, mf& warehousing acetylene gas, coolant, Anderol 500, Adersol 750, waste oil, oxygen. F Commercial, retail, High High Low Mod Class B Hazardous materials garment mf& 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 mf& wholesale automotive fluids, propane, motor oil. H Residential, High High Low Mod Acetylene, MM oxygen, warehousing, cold propane. storage, wholesale I Residenfial, High High Low Mod Acetylene, argon, helium, warehousing, cold hydrogen, carbon dioxide, storage, wholesale nitrogen, oxygen, map gas, MEKI Z22M. J Commercial, retail High High High Low 'Propane, freon, motor oil, acetylene gas, c�jlqnt. K Oasoline disMu—fion Propane, freon, motor ot and storage facilities High High High Low acetylene gas, coolant, Anderol 500, Adersol 750, -pste I -oxygen source, City of Vernon, Community Services Department Housing Element - 45 Vernon General Plan -Housing Element 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. 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 pro' blems and are within close proximity of sites containing hazardous materials, making them extremely hazardous to potential residents. The development of new residential useg 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. TCACs 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 Ffigh School. As indicated in Table H-9, while four of the sites (E, F, G, and q meet the 1/2 mile locational criteria for elementary schools, all ten sites are at least 1-Y2 to 2-1/2 miles away from the nearest middle and high schools. Housing Element - 46 The closest full service grocery store to the potential residential sites in Vernon is a Superior Super Warehouse located on Pacifi� 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 thenearest grocery store is up to 2 1/2 miles away from the identified sites, with only four sites (F, G, Hand 4 failing within TCAC's one -mile standard. The TCACs locational criteria for public parks is a maximum of one-half mile from residential development.. Several park and recreational facilities are locate d west of Santa Fe Avenue along Compton Avenue, as well as a small park on I�ong Beach Avenue. Nine of Vernoes potential residential sites he approximately one mile fro m' one of these parks, and two he 1-1/2 miles from a park. Table H-9 Residential Service Characteristics of Unimproved and Underutilized Sites in Commercial/Industrial Zone . . .. ... . . wfte y-;..,.;, �Xear -.6V. A 3/4 mile 21/2 miles 21/2n-dles 21/2miles I mile 13 3/4 Mile 21/2 miles 2 Y2 miles 21/2 miles .1 mile �c 3/4 mile 21/2 miles 2 Y2 miles 21/2 miles 1 mile D 1/4 n-ffle TI/4 -ndles 2 miles 2 miles 1 mile jE Y2 mile 2 miles 13/4 11/2 miles 1 mile F Y2 mile 2 miles 11/2 miles I miles 1 mile G 1/2 mile 2 miles I Y2 miles 1 miles 1 mile H 3/4 mile 2 Y2 rrd4bS .1 mile 1 mile 1 mile 1 3/4 mile 21/2 miles 1 mile 3/4 mile 1 mile j I mile 21/2 miles 1 Y2 miles 13/4 miles TY2 miles K 3/4 mile 2 Y2 miles 1 3K miles A 3/4 miles 11/2 miles Sowce: City of Vemon, Community Services DepartmenL Verno n General Plan Housing Element Housing Element - 47 Vernon General Plan Hpwing Element 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 pubhc 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. 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�-buflt 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 Zorung Ordinance does not permit new housing of any kind in the City. Future residential development is inappropriate in Vernon. As reflected by the citys 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.8 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-m'come households, (as prescribed by Government Code 65 583.2(c)(3). As such, no analysis is required. Further, as described above, all City -owned units are rented at affordable levels. Housing Element - 48 Vernon General Plan Housing Element 5.0 HOUSING PLAN The Housing Plan for the Vernon Housing Element sets forth goals, policies, and implementing programs to address the housing needs patticular 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. 5.1 Evaluation of Previous Accomplishments State law (California Government Code Section 65588(a)) Tequires 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 Ho i Element are concerned with emphasizing the need UsIng 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 Housing Element. 49 Vernon General Plan Housing Plement Table H-10 Unn-eine 1F.Im"ant Avenvnnimahmanto " =w-', MAJIMMA ­ -40- ­-�­­ __ g fiV Continue to enforce all relevant Progress: The City's Department of Community Services is responsible Policy 1.1 building and zoning codes to for code enforcement activities. Due to the lin-dted number of units in ensur e that all residential units the City, staff can accurately monitor all units and has deten-nined that are adequately maintained. all are in good repair. Effectiveness: The City has been effective in maintaining housing The City- wMas required, undertake code enforcement . conditions in the City, and responds to complaints as needed. The City Program activities on Vernon's few renovated twelve City -owned units during 2007. privately owned units to ensure Continued Appropriateness: Code enforcement is an important health and safety of residents. component that ensures that.the limited number of units in the City Lemain, in �� repair. Encourage the separation of Progress: The City discourages the occupation and construction of residential units from industrial dwelling units on or near industrial sites since activities on industrial operations or storage areas that sites include operations that can be hazardous to residents. are potentially hazardous to the Effectiveness: While no residential units have been separated from health and safety of their industrial operations during the planning period, no new units have Policy 1.2 occupants. been constructed. 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 programis 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 equipped providing renovations on vacated units and repairs as needed on with air conditioning, approved occupied units. In 2007, twelve units received extensive renovations. policy 1.3 air and water filtration systems, Effectiveness: The City successfully renovated twelve units in 2007, and sound insulation to protect adding new appliances, updating heating and cooling systems, and residents from exposure to providing insulation for sound protection and energy conservation adverse environmental purposes. I . conditions. Continued Appropriateness: The City owns a majority of residences in the City. The City is fully involved with the maintenance and upkeep The City will continue to provide maintenance of City- of the properties, and will continue to provide these services on other Program owned units. units in the City, as they are needed. No new units will be allowed in the City, but all remodeled units will be required to provide air filtration and sound insulation protection. hfitigate any residential Progre I ss- No residenti al units were demolished during the last displacement impacts occurring planning period. as a result of residential Effectiveness: The City is committed to maintaining the existing Policy 1.4 demolition through unit housing units in the City. replacement or relocation of Continued Appropriateness: The City's primary housing goal is to tenant. preserve the existing housing units. The City is committed to I mitigating residential displacement impacts, should they occur. Housing Element - 50 Vernon General Plan Housing, Element Table H-10 RonsinLr Element AcconiDlishments for 2000-2008 PlanninL, Period R 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 a been Policy 2.1 physically sound. determined to be in good condition. Continued Appropriateness: The major focus of housing policy in Vernon is topreserve the existing housing stock and maintain safe and viable housingtinits. The City has no assisted Progress: There are no assisted housing units in the City. The City does housing in its jurisdiction. As not allow new housing; as such, no new assisted units will be located in such, there are no housing units the City. at risk of losing its subsidized Effectiveness- While there are no federally- or state -assisted units in 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. City Program policy focuses on retention and maintenance of the 3.1 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 fids 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 Z 2006 regarding safety personnel. 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 discriniination based on occupation Policy 2.2 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: Tins 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 �o icy. No new residential uses are permitted in the 2Y. Prohibit discrimination in e gress: The City has not been advised of, any discriminatory practices availability of housing, and that have occurred in regards to the availability of housing. The City prosecute anyone found guilty will take a proactive approach in enforcing antidiscrimination laws. of practicing housing Effectiveness: The City hasreceived no complaints regarding any discrimination. discriminatory actions and will continue to enforce all fair housing law. Policy 3.1 Continued Appropriateness: The City's Zoning Ordinance does not allow the development of new housing in the City. As such, housing discrin-dnation 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 - 51 Vemon:G.eneral Plan Mousing �-lernent sound insulation to reduce potentially adverse air quality and noise related impacts from the adjacent industrial uses.9 6.2 Goals and Policies GOAL H-1 Ensure that all housing units are maintained in decent, safe, and sanitary condition. POLICY H71.1: 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. TOLICY H-1.3: Mitigate any residential displacement im pacts 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, I sex, marital status, ethnic background, source of income, and other factors. POLICY H-3.1: Prohibit. discrimination in the availability of existing housing. 9 Vernon does not require an adequate sites, implementation/rezone program per Govemment Code Section 655M.09, the City's RHNA of zero required no sites during the previous planning period. Homing Element - 52 Vernon General Plan Housing Ele ment 6.3 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 heav industrial environment The Gateway Cities GOG I y has continued to project zero housing growth in Vernon through the year 2030. As such, program s 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 Timefirame: Complete current re ' novations,(6.units) by July 2008. Complete remaining renovations (8 u") by December 2011. Program 2- Code Enforcement Of the five non -City owned units located in Vernon, none was detern-dned 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 applicatiom 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 HousingEtement-53 Vernon General Plan Housing Element 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, Community 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 ensure the safety and preservation of all housing units within the City. Responsible Agency: Department of Community Services Project Funding. Departmental Budget Timeftante: Ongoing Program 3: Preservation of Assisted Housing State law (Chapter 1451, Statutes of 1989) requires the City to identify, analyze and propose progr�ms within the Housing Element to address the potential conv&sion 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 Timeftame: Ongoing Housing Element - 54 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 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 require a fundamental alteration in the nature of the City's land -use and zoning program. The procedure will include consideration of allowing an increase in habitable floor area, of an existing residence to accommodate disabled persons. Responsible Agency: Department of Community Services Project Funding: Departmental Budget Timeftame: 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 Timeftame: 2008 Vernon General Plan Housing Element Housing Element - 55 Vernon General Plan Housing Element 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 b� 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 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 Prqect Funding: Departmental Budget Timeftame: June 2009 Table H-11 'summarizes the C I ity'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 Cninaprvn*;�" t--igio 0- teg§� W Exi VeryLow-Income Low -Income 2 8 Moderate -Income 6 23, Above Moderate-Incmne TOTAL 8 31 6.4 Redevelopment Agency Housing Requimments 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 10 CHAS data indicates that 25 percent of,existing households in Vernon are low m*come, 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 esUmtes. Housing Element - 56 Vernon General Plan Housing.flpment conditions and which were in need of public assistance to ameliorate the problems. The Project Area containsa n-dx of established industrial uses, including food processing, warehousing, manufacturm& truck terminals, and slaughtering and rendering operations. In 1998, the Industrial Redevelopment Project Area was amended to include an additional 137 acres of land, divided into 30 parcels. These parcels are predon-dnantly 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, objpctives, 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 Agen . cy'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. Fixisting 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 his been added in the Project Area by either the Redevelopment Agency or any other private or public entity. Housing Element - 57 Vernon General Plan Housing Flernent 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 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. 1-l'ousingy 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 m'come levels as part of a redevelopment project, the agency must replace those unitswifl-tin 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 remammg. 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. ProjecW Housing Replacement Requirements The adopted Redevelopment Plan is -not expected to destroy, displace or remove any housing from the market. As a result, the Housing Eleinent - 58 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. 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). RedeVVIOPMOnt 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 "micrease, 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 Vernon General Plan Hot4sing Element HousingElement-59 Vernon General Plan Housing Element 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 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 own ed by the City; the remaining two are privately owned. Because of Vernon�s heavy concentration of industrial uses and the concomitant enviromnental 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(l)(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(l)(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 - 60 VERNON GENERAL PLAN 2008-2014 HOUSING ELEMENT HOUSING ELEMENT 11.0- 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 conu-nitted 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 - I Vernon General Plan Housing Element r-- 1 11 Miles 0 2.5 5 Figure H-1: Regional Location Housing Element - 2 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 exan-dnes 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 attami 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 safety reasons. The Government Code Vernon General Plan Housing Element Housing'Element - 3 Vernon General Plan Housing Element makes it clear that the local government has the responsibility to con' sider 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; • Safe 7- • 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 Appendix C, 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 Housing Element - 4 Element, it is hereby acknowledged these data 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 comrnent 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 Conu-nission, 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 Vernon General Plan Housing Element Housing Element - 5 Vernon General Plan Housing Element comment, and recommendations will be considered by City Council for incorporation into the 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, 2006.7he 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-pwned 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, �008. 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 Social 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 Housing Element - 6 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. No comments were received during the public review period. Following the review period, on July 7, 2008, a City Council public hearing was held to review and adopt the Housing Element. No written or oral comments were received during the public hearing. 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 Ern-olovrnent 2000 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 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 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 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 Proiected Po-oulation and Household Growth 2000-2030 2 00 ­.2016�1 .2030 P op Rshlds Hshlds Po p Hshldg.. Pop 1, Hshlds SCAG 91 25 95 25 97 25 99 25 City (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 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. Housing Element - 8 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. Table H-3 HousinLy Characteristics 2005 0*04)�hdr 1. a I cte- flstics� Total Housing Units 31 Occupied Units/Total Households 28 Average Household Size 3.4 Total Population 96 nource: t. _iuy or vemon, �,_ommurutyoervices uepartment: Letter to titate 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/Housing Tenure 2005 _T 0*�,qer. Occd i&d,: p Renter Oc cuple& Va&nt M�' S 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 F:::E4 8 0 Mobile Home 0 0 0 0 Source: City of Vernon 2005, Community Services Department: Letter to State Department of Finance 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. Vernon General Plan Housing Element Housing Element - 9 Vernon General Plan Housing Element 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 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 A ffordability 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 30% of 30% AMI (0-30% MFI) Very Low Income (0-50% MFI) 30% of 50% AMI 30% of 50% AMI Lower Income (51-80% MFI) 30% of 70% AMI 30% of 60% AMI Moderate Income (81-120% MFI) 35% of 110% AMI 30% of 110% AMI 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 Housing Element - 10 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: M 1 bedroom apartment $147 0 2 bedroom apartment $173 M 2 bedroom house $205 M 3 bedroom house $236 N 3 bedroom house $367 (in Huntington Park) M 2 bedroom apartment $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). 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. Vernon General Plan Housing Element Housing Element - 11 Vernon General Plan Housing Element Table H-5 Affordabilitv Matrix nico: me, 'i iuste&N T 0 t S S- 0 ce, S' Ce 0 ',-Rentai 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% MR) 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 $14 . 5 $73,392 $563 Lower (50-80% MR) 60%AMI 70%AMI I 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 $36,600 $42,700 $915 $1,068 $250 $220 $105,034 $665 Moderate (81-120% MFI) 110% AMI One Person $43,560 $1,089 $1,271 1 $100 $215 $167,967 $989 Small Family $55,990 $1,400 $1,633 $150 $260 $214,99L $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 '4ULdUUJ.tS; 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 Angeles 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 - 12 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. Vernon General Plan Housing Element Housing Element - 13 Vernon General Plan Housing Element 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 rn I ake 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 Housing Element - 14 persons whose incomes fall below the poverty level, reductions in public subsidy to the poor, and the deinstitutionalization of the mentally iff. 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 co ' nditional 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 Vernon General Plan Housing Element Housing Element - 15 Vernon General Plan Housing Element inequitable and could raise potential environmental justice concerns. 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 A.ssessment (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 deeme&inappropriate in Vernon due to the City's pervasive industrial environment and land use incompatibilities related to hazardous materials, background 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 - 16 contamination, noxious odors, noise pollution, and truck and railroad traffic. Energy and Water Conservation Compared withVernon'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 hn-dting, 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 envirom-nental 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) Vernon General Plan Housing Element Housing Element - 17 Vernon General Plan Housing Element 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 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).6 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 6 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. Housing Element - 18 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 would be developed. The City did not undertake to develop those criteria at this time since there are only five private residences in Vernon. The Major Alteration provision does not constrain the maintenance of the existing housing stock, as property owners are permitted to undertake a broad array of improvements that extend the life of residential structures and improve unit conditions. Under State law.- any and all such improvements can be pursued consistent with Health & Safety Code Section 17922(d) and Section 17958.8 relating to the � alteration and repair of existing buildings. Section 17922(d) relates to the standards adopted by the State, which the Zoning Ordinance in no way invalidates. This section discusses the use of original materials and methods for the repair, replacement, or extension as long as it meets Building Code standards. The Zoning Ordinance has no provisions or limitations on the construction materials utilized. Section 17958.8 is similar, as it is addresses the use of original construction materials and methods. Nothing in the Zoning Ordinance or Building Code prohibits the use of original materials and methods, with the exception of an unreinforced masonry structure, which would have to be seismically retrofitted. As no residential units in Vernon -are constructed of unreinforced masonry, this does not affect any housing units. 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 Vernon General Plan Housing Element Housing Element - 19 Vernon General Plan Housing Element (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 detern-dned at that time. The City has adopted the California Building Code with some minor local amendments related primarily to industrial buildings in the City. Per Health and Safety Code Sections 17958.5 and 17958.7, the City made required findings and filed such findings with the California Building Standards Commission. 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 Housing Element - 20 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. 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. Vernon General Plan Housing Element Housing Element - 21 Vernon General Plan Housing Element Table H-6 Yermit and Frocessing Fees $1.00 to $2,000 $80 $2,001 to $5,000 $80 for the first $2,OOFplus _$4 foi each additional $100 $5,001 to $25,000 $200 for the first $5�000 -plus $1C each additional $1,000 -for $25,001 to $50,000 $400 for the first $25,000 plus $7.50 for each additional $1,000 $50,001 to $100,000 $587.50 for the first $50,000 plus -- $5.50 for each additional $1,000 $100,001 to $500,000 $862.50 for the first $100,000 plus $4 for each additional $1,000 $500,001 and up $2,462.50 for the first $500,000 plus $3.10 for each additional Inspection Outside of Normal Hours $75/hour Reinspection Fee $75/hour Additional Plan Review $150/hour Final, Parcel, or Tentative Map $1,250 - $2,000 Conditional Use Permit $2,875 Zonin Variance or Amendment $2,000 Building Code Variance $1,000 auurce; _ny oi vernonrees, htiecuvejuiy i, 2uu8 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 Housing Element - 22 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 hn-dt the use of housing as group homes for persons with disabilities, but not limit housing for families. The Vernon Zoning Ordmiance 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 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 Vernon General Plan Housing Element Housing Element - 23 Vernon General Plan Housing, Element 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 on the type of request. In order to better accommodate the needs of persons wi ' th 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 housingunits 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 Housing Element - 24 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 -govern mental 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 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. Vernon General Plan Housing Element Housing Element - 25 Vernon General Plan Housing Element 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 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. Housing Element - 26 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. M Ten closed landfill sites. Overfilling storage tanks, leaking pipes, and leaking tanks have resulted in residual s oil 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. 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 Vernon General Plan Housing Element Housing Element - 27 Vernon General Plan Housing Element 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 planning. 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 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 Housing Element - 28 Figure H-2 - Hazardous Materials Locations Vernon General Plan Housing Element Housing Element - 29 Vernon General Plan Housinq Element This page intentionally left blank. Housing Element - 30 Figure H-3 Highly Toxic Regulated Substances Vernon General Plan Housing Element Housing Element - 31 Vernon General Plan Housing Element This page intentionally left blank. Housing Element - 32 following facilities are currently being proposed within Vernon: Electric Generating Plant Oil Refinery Biodiesel Plant The City has subn-dtted 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. 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 Vernon General Plan Housinq Element Housing Element - 33 Vernon General Plan Housing Element 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 - 34 Figure H-4 — Noise Contour Map (11" x 17") Vernon General Plan Housing Element Housing Element - 35 Vernon General Plan Housing Element This page intentionally left blank. Housing Element - 36 As evidenced by the contour map, most properties, in Vernon are exposed to noise levels of 65 CNEU 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 7 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 - 37 Vernon General Plan Housing Element This page intentionally left blank. Housing Element - 38 Figure H-5 — Major Transportation Corridors Vernon General Plan Housing Element Housing Element - 39 Vernon General Plan Housing Element This page intentionally left blank. Housing Element - 40 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. 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 Vernon General Plan Housing Element Housing Element - 41 Vernon General Plan Housing Element 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 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 Housing Element - 42 Figure H-6 — Inventory of Vacant and Underutilized Sites in Vernon Vernon General Plan Housing Element Housing Element - 43 Vernon General Plan Housina Element Table H-7 Characteristics of Vacant and Underutilized Sites in Commercial/Industrial Zones Re site "A ssessor,, - '§Iz igna ion, q�­ a 14 rce , t( cfe$ A, ') an Z 1 1, 1 d'. � One hvlkovemenrtS� A 6302-008-017 2675 Santa Fe Ave 0.09 1 - (Comm. Two-story unreinforced Overlay) masonry retail building. B 6302-004-014 2626 Santa Fe Ave 0.58 1 - (Comm. Vacant lot Overlay) C 6302-004-017 2401 27th 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 1 - (Comm. One-story unreinforced Overlay) masonry building. Dilapidated condition. F 6309-002-009 5200 Santa Fe Ave 0.15 1 - (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 1 - (Comm. Vacant lot Overlay) 1 6309-006-012 5600 Santa Fe Ave 0.15 1 - (Comm. Vacant, dilapidated Overlay) building and adjacent vacantlot J 6302-020-059 3851 Soto St 0.39 1 - (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 - 44 Vernon General Plan Housing Element Table H-8 Locational Characteristics of Vacant and Underutilized Sites in CommerciaVIndustrial Zones to Sources, Of d'- L d S Yrroup.-Ing, �an ' Ti Rafir To C,Material� ii� -,N 1 ,0 T-Offk _Oise. -N JOdot ffq;tAtd ": ; .11 , 2001it 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 mf-g, 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, Anderol 500, Adersol 750, 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. * Commercial, retail, High High Low Mod Acetylene, oxygen, waste oil, garment mfg, wholesale automotive fluids, propane, motor oil. * 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 I High Low Propane, freon, motor oil, acetylene 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: City of Vernon, Community Services Department Housing Element - 45 Vernon General Plan Housing Element 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. 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 inj 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 1/2 mile locational criteria for elementary schools, all ten sites are at least 1-1/2 to 2-1/2 miles away from the nearest middle and high schools. Housing Element - 46 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 2 1/2 miles away from the identified sites, with only four sites (F, G, H and 1) 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 Zone Ne:a: rest 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 13/4 miles 2 miles 2 miles 1 mile E 1/2 mile 2 miles 13/4 miles 11/2 miles 1 mile F 1/2 mile 2 miles 11/2 miles 1 miles 1 mile G 1/2 mile 2 miles 11/2 miles 1 miles I mile H 3/4 mile 21/2 miles 1 mile 1 mile 1 mile 1 3/4 mile 2 1/2 miles 1 mile 3/4 mile 1 mile j 1 mile 2 1/2 miles 11/2 miles 13/4 miles 11/2 miles K 3/4 mile 2 1/2 miles 13/4 miles 13/4 miles 11/2 miles Source: City of Vernon, Community Services Department. Vernon General Plan Housing Element Housing Element - 47 Vernon General Plan Housing Element 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. 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-fan-dly 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 nuight 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.8 8 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 - 48 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. 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 iinplemen,tation. 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 Vernon General Plan Housing Element Housing Element - 49 Vernon General Plan Housing Element Table H-10 Housing Element Accomplishments for 2000-2008 Planning Period 1 'i 1:11! In i, 11il 1 3: Continue to enforce all relevant Progress: The City's Department of Community Services is responsible Policy 1.1 building and zoning codes to for code enforcement activities. Due to the limited number of units in ensure that all residential units the City, staff can accurately monitor all units and has determined that are adequately maintained. all are in good repair. Effectiveness: The City has been effective in 'maintaining housing The City will, as required, undertake code enforcement conditions in the City, and responds to complaints as needed. The City Program activities on Vernon's few renovated twelve City -owned units during 2007. privately owned units to ensure Continued Appropriateness: Code enforcement is an important health and safety of residents. component that ensures that the limited number of units in the City remains in ood repair. Encourage the separation of Progress: The City discourages the occupation and construction of residential units from industrial dwelling units on or near industrial sites since activities on industrial operations or storage areas that sites include operations that can be hazardous to residents. are potentially hazardous to the Effectiveness: While no residential units have been separated from health and safety of their industrial operations during the planning period, no new units have Policy 1.2 occupants. been constructed. 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 equipped providing renovations on vacated units and repairs as needed on with air conditioning, approved occupied units. In 2007, twelve units received extensive renovations. Policy 1.3 air and water filtration systems, Effectiveness: The City successfully renovated twelve units in,2007, and sound insulation to protect adding new appliances, updating heating and coohng.systems, and residents from exposure to providing insulation for sound protection and energy conservation adverse environmental purposes. conditions. Continued Appropriateness: The City owns a majority of residences in the City. The City is fully involved with the maintenance and upkeep The City will continue to provide maintenance of City- of the properties, and will continue to provide these services on other Program owned units. units in the City, as they are needed. No new units will be allowed in the City, but all remodeled units will be required to provide air filtration and sound insulation protection. Mitigate any residential Progress: No residential units were demolished during the last displacement impacts occurring planning period. as a result of residential Effectiveness: The City is committed to maintaining the existing Policy 1.4 demolition through unit housing units in the City. replacement or relocation of Continued Appropriateness: The City's primary housing goal is to tenant. preserve the existing housing units. The City is committed to sidential displacement impacts, should they occur. Housing Element - 50 Vernon General Plan Housing Element Table H-10 HousinLy Element Accomnlishments for 2000-2009 Plannino Perind 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 does housing in its jurisdiction. As not allow new housing; as such, no new assisted units will be located in such, there are no housing units the City. at risk of losing its subsidized Effectiveness: Whilethere are no federally- or state -assisted units in status. Vernon, the City owns 26 of the City's 31 housing units. These units are Program rented at levels that are affordable to very -low income tenants. 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 regarding safety personnel. 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 occupation Policy 2.2 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. Jr Prohibit discrimination in the Progress: The City has not been advised of any discriminatory practices availability of housing, and that have occurred in regards to the availability of housing. The City prosecute anyone found guilty will take a proactive approach in enforcing antidiscrimination laws. of practicing housing Effectiveness: The City has received no complaints regarding any discrimination. discriminatory actions and will continue to enforce all fair housing law. Policy 3.1 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 - 51 Vernon General Plan Housing Element sound insulation to reduce potentially adverse air quality and noise related impacts from the adjacent industrial uses.9 5.2 Goals and Policies GOAL H-1 Ensure that all housing units are maintained in decent, saf e, 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. 9 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. Housing Element - 52 Vernon General Plan Housing Element 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 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 Proj . ect Funding: Departmental Budget Timeftame: 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 Housing Elethent - 53 Vernon General Plan Housing Element 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. Community 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 ensure the safety and preservation of all housing units within the city. Responsible Agency: Department of Community Services Project Funding: Departmental Budget Titneftame: 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 -fan -Lily 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 Housing Element - 54 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 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 CiVs 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 require a fundamental alteration in the nature of the City's land -use and zoning program. The procedure will include consideration of allowing an increase in habitable floor area of an existing residence to accommodate disabled persons. Responsible Agency: Department of Community Services Project Funding: Departmental Budget Timeftame: June 2009 Program 5: Priority Water and Sewer Services In accordance with Goverm-nent 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 Timefrante: 2008 Vernon General Plan Housing Element Housing Element - 55 Vernon General Plan Housing Element 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 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 Conservation Goalsio 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 10 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 house ' holds are moderate or above moderate income. The City's quantified objectives have been correlated to these estimates. Housing Element - 56 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 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 respon'sibilities 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. Vernon General Plan Housing Element Housing Element - 57 Vernon General Plan Housing Element 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 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 2005-2,009 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 Housing Element - 58 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. 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 Requirqments 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 Vernon General Plan Housing Element Housing Element - 59 Vernon General Plan Housing Element income households and persons and fan-tilies 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 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(l)(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(l)(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 - 60 _.Ap� — . 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 March 4, 2009 State of California -business, Transportation and Housing Agency Department of Housing and Community Development Division of Housing Policy Development Attention: Cathy E. Creswell, Deputy Director 1800 Third Street, Suite 430 P.O. Box 952053 Sacramento, CA 94252-2053 Re: Revised Final 2008-2014 Housing Element Dear Ms. Creswell: Transmitted herewith is a copy of the City of Vernon Revised Final 2008 - 2014 Housing Element, which was approved by the City of Vernon City Council on February 23, 2009. If you have any questions regarding this matter, please call Mr. Kevin Wilson at (323) 583-8811 ext. 245. _Aery truly yours, Nelly Glro City Clerk NG: dj Enclosure c: S. Kevin Wilson Resolution No. 9869 E�,-cfusivefy industfiaf of VP� APPROVED FEB, 2 '09 C111 CMUN(JI1.. COMMUNITY SERVICES & WATER DEPARTMENT OFFICE MEMORANDUM G4 TO: Eric Fresch, City Administrator _1J RECEIVED FROM: Samuel Kevin Wilson, Director of Community Services & Water DATE: February 11, 2009 SUBJECT: HOUSING ELEMENT FEB 1 2 2009 CITY CLERK'S OFFICE The City Council of the City of Vernon adopted by Resolution No. 9653 the 2008-2014 Housing Element. The Housing Element was then forwarded to the State of California Department of Housing and Community Development (HCD) for final review and approval. On October 14, 2008 HCD provided the City with comments on the adopted elements. The Community Services Department working in conjunction with its consultant and the City Attorney's office prepared a response to these comments which are enclosed herewith. Text that is proposed to be added to the Housing Element is highlighted in red and proposed omissions from text have been -shown as struck out. The proposed, revisions were sent to HCD and on December 24, 2008 HCD forwarded a letter accepting the City's Housing Element as revised. It is hereby recommended that the final revised Housing E lement enclosed herewith be approved by City Council and a copy be submitted to the State of California Department of Housing and Community Development pursuant to Government Code Section 655 85 (g). SKW/ca. Enclosures c: City Attorney City Clerk I§MJ14 OF CALIFORNIA -BUSINESS, TRANSP ADON AND MUSING AGFNCY ARN LID SCHWAR717blEGGER, C' nvprnnr DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF HOUSING POLICY DEVELOPMENT 1800 Third Street, Suite 430 P. 0. Box 952053 Sacramento, CA 94252-2053 (916) 323-3177 / FAX (916) 327-2643 www.hcd.ca.gov RECFIVED December 24, 2008 j Mr. Samuel Kevin Wilson, P.E. Director of Community Services and Water, City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Dear Mr. Wilson: RE: Review of the City of Vernon's Revised Housing Element Update Thank you for submitting the City of Vernon's revised housing element received for review on November 12, 2008. As you know, the Department is required to review housing elements and report the findings to the locality pursuant to Government Code Section 65585(b). Several conversations with Ms. Laura Stetson, the City's consultant, facilitated the review. The revised draft addresses the statutory requirements described in the Department's October 14, 2008 review. For example, the element now includes a complete analysis of governmental constraints. The revised draft element will comply with State housing element law (Article 10.6 of the Government Code) when adopted and submitted to the Department, pursuant to Government Code Section 65585(g). The Department looks forward to receiving the City of Vernon's adopted housing element. If you have any additional questions, please contact Mario Angel, of our staff, at (916) 445-3485. Sincerely, Cathy E. Creswell Deputy Director ?,r- 'd Amn Hr)l 11,11,1n A ramKinv I-V DEMARTMENT OF HOUSING ANir(;'OMMUNITY DEVELOPMENT Division of Housing Policy Development "q 1800 Third Street, Suite 430 P. 0. Box 952053 Sacramento, CA 94252-2053 (916) 323-3177 / FAX (916) 327-2643 www.hcd.ca.gov P 0 October 14, 2008 COM01- N Mr. Samuel Kevin Wilson, P.E. Director of Community Services and Water City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Dear Mr. Wilson: RE: Review of the City of Vernon's Adopted Housing Element Thank you for submitting City of Vernon's housing element adopted on July 7, 2008 and received for review on July 16, 2008. As you know, the Department is required to review housing elements and report the findings to the locality pursuant to Government Code Section 65585(h). A telephone conversation on October 10, 2008 with Ms. Laura Stetson, the City's consultant, facilitated the review. I - The adopted element addressed some of the statutory requirements described in the May 15, 2008 review. However, further revisions are still needed for the element to comply with State housing element law (Article 10.6 of the Government Code). In particular, the element must still include a complete analysis of governmental constraints. The enclosed Appendix describes this and other revisions needed to comply with State housing element law. The Department would be pleased to provide any additional assistance necessary to facilitate the City's efforts to comply with State law. If you have any questions, please contact Mario Angel, of our staff, at (916) 445-3485. Sincerely, Cathy E. Creswell Deputy Director Enclosure APPENDIX CITY OF VERNON The following changes would bring Vernon's housing element into compliance with Article 10.6 of the Government Code. Accompanying each recommended change, the Appendix cites the supporting section of the Government Code. Housing element technical assistance information is available on the Department's website at www.hcd.ca.gov. Refer to the Division of Housing Policy Development and the section pertaining to State Housing Planning. Among other resources, please refer to the 'Department's latest technical assistance tool Building Blocks for Effective Housing Elements (Building Blocks) hftp://www.hcd.ca.gov/hpd/housinci element2/index.pho, the Department's publication, Housing Element Questions and Answers (Qs & As), and the Government Code addressing State housing element law. A. Housing Needs, Resources, and Constraints 1. Analyze potential and actual governmental constraints upon the maintenance, improvement, and development of housing for all income levels, including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures (Section 65583(a)(4)). As noted in the previous review, since the City does not have a regional housing need allocation, the element focuses on preservation 'and maintenance of the existing housing stock., As a result, the element should expand the analysis of the potential constraints on the improvement and maintenance of housing. Land-Ule Controls The element (pages 18-19) was revised to describe how residential rehabilitation projects are permitted in Vernon. The element states that a Major Alteration or repair is considered to be a functional equivalent of a te'ar-down and rebuilding is not permitted. The element should evaluate the City's Major Alteration rehabilitation prohibition as a potential constraint to the maintenance of the existing housing stock. The element should also describe how the City's rehabilitation requirements adhere to Health & Safety Code Section 17922(d) and Section 17958.8 relating to t he alteration and repair of existing buildings, Building Code Enforcement The element was revised to describe the local amendments to the State Uniform Building Code (page 20). The City should be aware State housing law (SHL) prohibits modification of SHL standards, except where local variations are necessary for reasons of climate, geology, or topography (Health and Safety [H&S] Code Section 17958.5 and 17958.7). H&S Code Section 17958.7 requires the City to file its findings pursuant to H&S Code Section 17958.5 with the California Building Standards Commission. The element should describe how the City complied with these provisions,. .2- B. Housing Programs 1 . Include a program which sets forth a five-year schedule of actions the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element through the administration of land use and development controls, provision of regulatory concessions and incentives, and the utilization of appropriate federal and state financing and subsidy programs when available. The program shalt include an identification of the agencies and officials responsible for the implementation of the various actions (Section 65583(c)). Program 4: Housing Opportunities for Residents with Special Needs (page 53): The program was revised to describe how the City will provide a ministerial process for reasonable accommodation requests. However the element should demonstrate the administrative procedures and fees do not deter'thb approval of such requests. The r program notes that requests would be approved if the "accommodation would not impose an undue financial or administrative burden on the City". In addition, the program states the requested accommodation would be approved if they do not require a "fundamental alteration in the nature of the City's land -use and zoning program". The element should describe how these procedures impact approvals of reasonable accommodation requests for persons with disabilities. As noted in the prior review, a reasonable accommodation procedure should not be limited to a process to make a request or physical accessibility in existing housing. It is a separate and unique exception process to zoning and land -use regulation beyond accessibility. The program should be revised to expand the scope of the reasonable accommodation procedure and describe the nature of the procedure being considered and clarify it will provide broad exception in zoning and land -use, beyond accessibility. For sample program language and an ordinance, please see the Building B/ocks'website at hftp://www.hcd.ca.aov/hpd/housin.q element2/CON disabilities.php. 2. The housing element shall contain programs which "address, and where appropriate and legally possible, remove governmental constraints to the maintenance, improvement, and development of housing" (Section 65583(c)(3)). I As noted in finding All, the element requires a more detailed analysis of potential governmental constraints. Depending upon the results of that analysis, the City may need to add or expand programs to address and remove or mitigate any identified constraints. V I ERNON HOUSING ELEMENT RESPONSES TO HCD COMMENTS DATED OCTOBER 14,2008 This memo addresses comments received from HCD dated October 14, 2008 on the adopted 2008 Vernon Housing Element. HCD comments are outlined below, with responses to comments included in boxes below each comment/recommendation. PLEASE NOTE: Additions that will be made to the adopted 2008 Vernon Housing Element are included here in red text, omissions with StFike-ou text. A. Housing Needs, Resources, and Constraints 1. Analyze potential and actual governmental constraints upon the maintenance, improvement, and development of housing for all income levels, including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedure (Section 65583(a) (4)). As noted in the previous review, since the City does not have a regional housing need allocation, the element focuses on preservation and maintenance of the existing housing stock. As a result, the element should include a thorough analysis of the potential constraints on the improvement and maintenance of housing. Land Use Controls The element (pages 18-19) was revised to describe how residential rehabilitation projects are permitted in Vernon. The element states that a Major Alteration or repair is considered to be a functional equivalent of a tear -down and rebuilding is not permitted. The element should evaluate the City's Major Alteration rehabilitation prohibition as a potential constraint to the maintenance of the existing housing stock. The element should also describe how the City's rehabilitation requirements adhere to Health & Safety Code Section 17922(d) and Section 17958.8 relating to the alteration and repair of existing buildings. RESPONSE Vernon is an industrial city with only 31 residential units. As noted by HCD, the City does not have a regional housing need allocation, which to a large degree reflects SCAG's recognition - as part of the RHNA development process - that new housing is not appropriate in a community where residents could be exposed to hazards associated with industrial uses. The City's long-standing planning policies reflect this same concern. Residential uses are non- conforming uses in all zones, and through its land use regulations, the City discourages new construction that could potentially increase Vernon's residential population. The Zoning Ordinance does allow for alterations to residential units that are necessary to address basic health and safety issues, as well as general maintenance and comfort. For example, residential property owners can upgrade plumbing and electrical systems, replace a roof, remodel a kitchen or bathroom, or complete any combination of such improvements. However, the Zoning Ordinance does not allow for extensive new construction - defined as a Major Alteration - that would potentially cause a substantial increase in the habitable floor area of a residential unit and thus have the potential to increase the residential population, contrary to policy and rational planning. I P a g e The Major Alteration provision does not constrain the maintenance of the existing housing stock, as property owners are permitted to undertake a broad array of improvements that extend the life of residential structures and improve unit conditions. Under State law, any and all such improvements can be pursued consistent with Health & Safety Code Section 17922(d) and Section 17958.8 relating to the alteration and repair of existing buildings. Section I 7922(d) relates to the standards adopted by the State, which the Zoning Ordinance in no way invalidates. This section discusses the use of original materials and methods for the repair, replacement, or extension as long as it meets Building Code standards. The Zoning Ordinance has no provisions or limitations on the construction materials utilized. Section 17958.8 is similar, as it is addresses the use of original construction materials and methods. Nothing in the Zoning Ordinance or Building Code prohibits the use of original materials and methods, with the exception of an unreinforced masonry structure, which would have to be seismically retrofitted. As no residential units in Vernon are constructed of unreinforced masonry, this does not affect any housing units. With this in mind, the City proposes to add the following text to pages 17-18 of the Housing Element (new text in red): "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 would be developed. The City did not undertake to develop those criteria at this time since there are only five private residences in Vernon'The Major Alteration provision does not constrain the maintenance of the existing housing stock, as property owners are permitted to undertake a broad array of improvements that extend the life of residential structures and improve unit conditions. Under State law, any and all such improvements can be pursued consistent with Health & Safety Code Section 17922(d) and Section 17958.8 relating to the alteration and repair of existing buildings. Section 17922(d) relates to the standards adopted by the State, which the Zoning Ordinance in no way invalidates. This section discusses the use of original materials and methods for the repair, replacement, or extension as long as if meets Building Code standards. The Zoning Ordinance has no provisions- or limitations on the construction materials utilized. Section 17958.8 is similar, as it is addresses the use of original construction materials and methods. Nothing in the Zoning Ordinance or Building Code prohibits the use of original materials and methods, with the exception of an unreinforced masonry structures, which would have to be seismically retrofitted. As no residential units in Vernon are constructed of unreinforced masonry, this does not affect any housing units. " As an aside, please note that Government Code Section 65852.25(f), in addressing rebuilding requirements for mulfi-family housing destroyed as a result of a catastrophic event, specifically states that local agencies can prohibit reconstruction of residential units in industrial zones. This provision seems to recognize that housing is not considered appropriate in industrial zones. Notwithstanding this allowance and to provide some relief to residential property owners, Vernon's Zoning Ordinance, as noted above, includes a force majeure provision that allows for complete reconstruction of housing to its prior condition in the event of a catastrophe. This provision certainly does not constrain housing. 2 1 P a g e Building Code Enforcement The Element was revised to describe the local amendments to the State Uniform Building Code (page 20). The City should be aware State housing law (SHL) prohibits modifications of SHL standards, except where local variations are necessary for reasons of climate, geology, or topography (Health and Safety Code Section 17958.5 and 17958.7) H&S Code Section 17958.7 requires the City to file its findings pursuant to H&S Code Section 17958.5 with the California Building Standards Commission. The element should describe how the City complied with these provisions. RESPONSE The City is well aware of State Health and Safety Code requirements and complied with the law at the time such modifications were adopted. Copies of the relevant ordinances are attached for HCID's information. The City does not believe it is necessary to amend the Housing Element to reference the fact that the City complied with State law. However, if HCD feels this is necessary, the City could add the following to page 19 of the adopted Housing Element (new text in red): "The City has adopted the California Building Code with some minor local amendments related primarily to industrial buildings in the City. Per Health and Safety Code Sections 17958.5 and 17958.7, the City made required findings and filed such findings with the California Building Standards Commission. 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." B. Housing Programs Prociram 4: Housing Opportunities for Residents with Special Needs (page 53): The program was revised to describe how the City will o provide a ministerial process for reasonable accommodation requests. However, the element should demonstrate the administrative procedures and fees do not defer the approval of such requests. The program notes that requests would be approved if the "accommodation would not impose an undue financial or administrative burden on the City". In addition, the program states the requested accommodation would be approved if they do not require a "fundamental alteration in the nature of the City's land -use planning program". The element should describe how these procedures impact approvals of reasonable accommodation requests for persons with disabilities. As noted in the prior review, a reasonable accommodation procedure should not be limited to a process to make a request for physical accessibility in existing housing. it is a separate and unique exception process to zoning and land -use regulation beyond accessibility. The program should be revised to expand the scope of the reasonable accommodation procedure and describe the nature of the procedure being considered and clarify if will provide broad exception to zoning and land -use, beyond accessibility. For sample program language and an ordinance, please see Building Blocks'websife at hffo://www.hcd.ca.gov/hod/housing element2/CON disabilifies.phip. 31 P a g e RESPONSE As described in Program 4 of the adopted Housing Element, the City has not yet prepared or implemented a reasonable accommodation procedure but is committed to doing so. The process will be ministerial. The language included in Program 4 reflects language in a May 17, 2004 Joint Statement of the Department of Housing and Urban Development and the Justice Department, which states that that housing providers can deny reasonable accommodation requests if they impose undue administrative or financial burdens or fundamentally, alter the nature of the provider's operations. Vernon has broadly interpreted the language to apply not only to housing providers but also to jurisdictions' with reasonable accommodation provisions. Upon further reading of the joint statement, Vernon has determined that such qualifiers do not necessarily need to be included as part of its program. Program 4 is hereby amended as follows: "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: I . 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 d-A-tieR WGUld Ret impese GR URGlUe fiRGRGiGI GF Gdrni.RiStrefive h. lrdpp C)p the City. 3.4-. The requested accommodation would not require a fundamental alteration in the nature of the City's land -use and zoning program. The procedure will include consideration of allowing an increase in habitable floor area of an existing residence to accommodate disabled persons." With regard to policies and standards that the reasonable accommodation process would apply to, such a process can only apply to existing housing units since City policy does not allow for the construction of any new housing, nor does rational planning include the idea that new housing should be allowed in an industrial zone, the only zone in Vernon. The City intends for the reasonable accommodation procedure to apply broadly to existing housing units, including, as noted above, consideration of the construction of additional habitable space to accommodate disabled persons. However, the reasonable accommodation procedure will not allow for exceptions to land use policy, i.e. permitting a new residence in the Industrial zone, as such a practice does not represent good land use planning and would have the potential to expose disabled persons to industrial hazards. 1 . The housing element shall contain programs which "address, and where appropriate and legally possible, remove governmental constraints to the maintenance, improvement, and development of housing',' (Section 65583(c) (3)). As noted in finding A], the element requires a more detailed analysis of potential governmental constraints. Depending upon the results of that analysis, the City may need to add or expand programs to address and remove or mitigate any identified constraints. RESPONSE Please refer to the response to comment A]. 41 P a g e VERNON GENERAL PLAN 2008-2014 HOUSING ELEMENT 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, qnd 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 - I I 1 11 Miles 0 2.5 5 Figure H-1: Regional Location Housing Element - 2 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 safety reasons. The Government Code Vernon General Plan Housing Element Housing Element - 3 Vernon General Plan Housing Element 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 Appendix C, 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 Housing Element - 4 Element, it is hereby acknowledged these data 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 Vernon General Plan Housing_ Element Housing Element - 5 Vernon General Plan Housing Element comment, and recommendations will be considered by City Council for incorporation into the 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 Social 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 Housing Element - 6 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. No comments were received during the public review period. Following the review period, on July 7, 2008, a City Council public hearing was held to review and adopt the Housing Element. No written or oral comments were received during the public hearing. 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 Emnlovment 2000 Occupation % of All Jobs Managerial/Professional 37% Sales and Office 30% Service Occupations 14% Production/Transport ation 13% Construction/Maintenance 6% Farming, Forestry, Fishing 0% Total jobs 100% nource: u.b.,,-ensus zuuu I 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 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 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 Proje ted Population and Household Growth 2000-2030 2000 2010 2020 2030 Pop Hshlds Pop HshKis— Pop HshIds Pop HshIds SCAG 91 25 95 25 97 25 99 25 City (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 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. Howev 6r, 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. Housing Element - 8 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. Table H-3 T4nu,;inq Characteristic,; 2005 Housing Characteristics Number Total Housing Units 31 Occupied Units/Total Households 28 Average Household Size 3.4 1 Total Population 96 Source: City of Vernon, Conununity Services Uepartment: 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 Structurefflousing Tenure 2005 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 1 0 Mobile Home 0 0 1 Source: City of Vernon 2005, Community Services Department: Letter to State Department of Finance 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. Vernon General Plan Housing Element Housing Element - 9 Vernon General Plan Housing Element 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 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 A ffordability 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 Affordable Housing Housing Cost for Owner Cost for Renters Extremely Low Income 30% of 30% AMI 30% of 30% AMI (0-30% MFI) Very Low Income 30% of 50% AMI 30% of 50% AMI (0-50% MFI) 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 Housing Element - 10 other households earned more than 80 percent MFL 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: M 1 bedroom apartment M 2 bedroom apartment a 2 bedroom house 0 3 bedroom house 0 3 bedroom house 0 2 bedroom apartment $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). 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. Vernon General Plan Housing Element Housing Element - 11 Vernon General Plan Housing Element Table H-5 Affordabilitv Matrix co P In rne AMJ -A Ju I ste b 1, ,y size Affor able ly P 'Mon t ayrnght us Cos ts �'-�-o lag aximum Affo, rdable_ Price enter: 0 wher'.�, Utj ities Taxe I s and In surance, -Home� kerital Extremely Low (0-30% MFI) 30% AMI One Person $11,880 $297 $297 $50 $80 $29,357 $247 Small Family $15f270 $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 $36,600 $42,700 $915 $1,068 $250 $220 $105,034 $665 Moderate (81-120% MFI) 110% AMI One Person $43,560 $1,089 $1,271 $100 $215 $167,967 $989 Small Family $55,990 $1,400 $1,633 $150 $260 $214,998 $1f250 Four Person Family $62,150 $1,554 $1,813 $200 $280 $234,277 $1,354 rT���ily 1 $67,100 $1,678 $1,957 $250 $300 $247,351 $1,428 '-Jotations: 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 Angeles 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 - 12 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 tTucks additionally limit the maneuverability of handicapped individuals. ln 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. Vernon General Plan Housing Element Housing Element - 13 Vernon General Plan Housing Element Large Families/Over crowding 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 Housing Element - 14 persons whose 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 S132 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 Vernon General Plan Housing Element Housing Element - 15 Vernon General Plan Housing Element inequitable and could raise potential environmental justice concerns. 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/AID8 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 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 - 16 contamination, noxious odors, noise pollution, and truck and railroad traffic. 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) Vernon General Plan Housing Element Housing Element - 17 Vernon General Plan Housing Element 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 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).6 As a practical matter, the expansive definition of "Minor Alteration or Repair" and lack of development standards result in limited goverm-nental 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 6 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. Housing Element - 18 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 would be developed. The City did not undertake to develop those criteria at this time since there are only five private residences in Vernon. The Major Alteration provision does not constrain the maintenance of the existing housing stock, as property owners are permitted to undertake a broad array of improvements that extend the life of residential structures and improve unit conditions. Under State law, any and all such improvements can be pursued consistent with Health & Safety Code Section 17922(d) and Section 17958.8 relating to the alteration and repair of existing buildings. Section 17922(d) relates to the standards adopted by the State, which the Zoning Ordinance in no way invalidates. This section discusses the use of original materials and methods for the repair, replacement, or extension as long as it meets Building Code standards. The Zoning Ordinance has no provisions or limitations on the construction materials utilized. Section 17958.8 is similar, as it is addresses the use of original construction materials and methods. Nothing in the Zoning Ordinance or Building Code prohibits the use of original materials and methods, with the exception of an unreinforced masonry structure, which would have to be seismically retrofitted. As no residential units in Vernon are constructed of unreinforced masonry, this does not affect any housing units. 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 Vernon General Plan Housing Element Housing Element - 19 Vernon General Plan Housina Element (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. The City has adopted the California Building Code with some minor local amendments related primarily to industrial buildings in the City. Per Health and Safety Code Sections 17958.5 and 17958.7, the City made required findings and filed such findings with the California Building Standards Commission. 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 Housing Element - 20 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. 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. Vernon General Plan Housinq Element Housing Element - 21 Vernon General Plan Housing Element Table H-6 rermit anct Yrocessing kees er $1.00 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 $10 for each additional $1,000 $25,001 to $50,000 $400 for the first $25,000 plus $7.50 for each additional $1,000 $50,001 to $100,000 $587.50 for the first $50,000 plus $5.50 for each additional $1,000 $100,001 to $500,000 $862.50 for the first $100,000 plus 04 for each additional $1,000 0500,001 and up 02,462.50 for the first $500,0001 Ins $3.10 for each additional Inspection Outside of Normal Hours $75/hour Reinspection Fee $75/hour Additional Plan Review $150/hour Final, Parcel, or Tentative Map $1,250 - $2,000 Conditional Use Permit $2,875 Zoning Variance or Amendment �2,000 Building Code Variance 1$1,000 Cif, nf Vprnnn Fopq FT(prtivp Tiflv 1 ?nng 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 Housing Element - 22 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 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 Vernon General Plan Housing Element Housing Element - 23 Vernon General Plan Housing Element 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 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 Housing Element - 24 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 -govern mental 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 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. Vernon General Plan Housinq Element Housing Element - 25 Vernon General Plan Housing Element 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 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. Housing Element - 26 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. M 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. 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 Vernon General Plan Housing Element Housing Element - 27 Vernon General Plan Housing Element 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 planning. 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 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 Housing Element - 28 L_J Jr W4 , A, XO/ bo 01 jr J 40 it J-4, f Go zi� 0 fill ie _6,7-TTU� j Dl LO -A, f 10 00 4L------ ------- O-L _J1 10 Au L ILL------ 'E"IR ALP Ll jYL lilt 411 R ' ' i JL AV El �IdW­ 0 0 0 wj r A lie 4.1 ............... All __777 A '11 t H-4 F11 ir- N 0 0 N CO cc 0 0 0. 0 0 C/) U) 0 0 0 0 -a (0 0 0 -0 -2 -2 0 C, i� . - N N C� COMM Taco 0 < CO 0 -2 - 2' 0 0 0 co C) z w (D w _j 0 C: C) E Z 0Z z wa LLI (D 0 Vernon General Plan Housing Element This page intentionally left blank. Housing Element - 30 co 0 O'd AAWb(l V-1 ----- ----- Lf Is oios , �y( AV 3J VINVS S > 0 r (1) 6 -C F--- — E 0) a) 2 on- x LU U) a) CD U) U) U) �o ca a) a) C — CD a) ct a) _0 a) m c = 0 ..E F= M E 0 L) LLJ CD LU I r co x 0 F— m Vernon General Plan Housing Element This page intentionally left blank. Housing Element - 32 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. 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 Vernon General Plan Housina Element Housing Element - 33 Vernon General Plan Housing Element 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 - 34 TMIA 1 1 Mg IFIZ FAWI vill, 211 11 jl��? --1 -1 Jul-Ir 0 T 0 0 E 0 z z 0 0 z LLI -j (Di ol Vernon General Plan Housing Element This page intentionally left blank. Housing Element - 36 As eviden ced by the contour map, most properties in Vernon are exposed to noise levels of 65 CNEU 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 7 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 - 37 Vernon General Plan Housing Element This page intentionally left blank. Housing Element - 38 Lo C: a- 0 a) a) LL 0 0 L) F- 0 0 CL F- L. 0 z 0 ED LL < 0 0 C) -j Z� -j C) LLI LLI Vernon General Plan Housing Element This page intentionally left blank. Housing Element - 40 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. 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 betweenresidential 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 Vernon General Plan Housina Element Housing Element - 41 Vernon General Plan Housing Element 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 Enviromnental conditions in Vernon are generally incompatible with residential uses. As indicated in Table H-8, all of the 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 57-1 businesses currently using or storing hazardous materials, over 80 underground storage tanks, and four hazardous waste treatment facilities, the presence of hazardous materials and Housing Element - 42 E 11 25t� Sj TTT-FT7-m LE 264 A C ST LL Ross St CO ->7 - 30th St 2j� F7th t E 3 1�1 �5 �qth -LLZ� U) E V 4EN70 of Dz Vernon AV < Cf) E 45th St :��46th St Cham rs St rT:11 E 48th St FF E 49th S-'t\\11 V11". IL , _j I � � I 49t� St o' E I n_t ;Atst , F '7 � � 17 IEJ1_st St E 52nd St 1FT—FzT AF Last Update: Hogle Ireland, January 24, 2008, Source: City of Vernon, 2007 and Los Angeles County, F-� �� Feet 0 690 1,380 .2 -1 IHI �11 A rK, I I]:-- -ji— mmm�.77. G 0 E 54th St U) E 56th St E 58th St � V In All LEGEND Figure H-6 CityBoundary Inventory of Vacant Potential Sites a n d U n d e ruti I ized Sites HOGLE-IRELAND INC. Vernon General Plan ALaiidP[aiiiiiiig&D�elopyiwiitCoitsulti)igFinit Vernon General Plan Housina Element Table H-7 Characteristics of Vacant and Underutilized Sites in Cornmercial/Industrial Zones Site Site Ass,ess6r Size Desipatlion Current -No. Parcel:# Location (Acres) a' nd Zone Site Improvements A', 6302-008-017 2675 Santa Fe Ave 0.09 1 - (Comm. Two-story unreinforced Overlay) masonry retail building. B 6302-004-014 2626 Santa Fe Ave 0.58 1 - (Comm. Vacant lot Overlay) C 6302-004-017 2401 27th 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 1 - (Co=. One-story unreinforced Overlay) masonry building. Dilapidated condition. F 6309-002-009 5200 Santa Fe Ave 0.15 1 - (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 1 - (Corrtm. Vacant lot Overlay) 1 6309-006-012 5600 Santa Fe Ave 0.15 1 - (Comm. Vacant, dilapidated Overlay) building and adjacent vacantlot J 6302-020-059 3851 Soto St 0.39 1 - (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 - 44 Vernon General Plan Housina Element Table H-8 Locational Characteristics of Vacant and Underutilized Sites in Cornmercial/Industrial Zones On-site/Nearby Sources of Site, Surrounding Larid Truck Railroad Toxic, Matorials,(within No.;� ''us , es- , Traffic Noise Odor Hazards 260 ft) , A Cold storage, retail, High High Mod Mod Nearby underground storage garment mf g, 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, Anderol 500, Adersol 750, 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. * Commercial, retail, High High Low Mod Acetylene, oxygen, waste oil, garment mfg, wholesale automotive fluids, propane, motor oil. * 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, I . MEK, propane. J Commercial, retail High High High Low Propane, freon, motor oil, acetylene 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: City of Vernon, Community Services Department Housing Element - 45 Vernon General Plan Housing Element 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. 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 1/2 mile locational criteria for elementary schools, all ten sites are at least 1-1/2 to 2-1/2 miles away from the nearest middle and high schools. Housing Element - 46 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 2 1/2 miles away from the identified sites, with only four sites (F, G, H and 1) 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. High, School Nearest , High School Nearest Grocery, Store Nearest Park/Rec. Center A 1/4 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 21/2 miles 1 mile C 3/4 mile 2 1/2 miles 21/2 miles 2 1/2 miles I mile D 1/4 mile 13/4 miles 2 miles 2 miles 1 mile E 1/2 mile 2 miles 13/4 miles 11/2 miles 1 mile F 1/2 mile 2 miles 1 1/2 miles 1 miles I mile G 1/2 mile 2 miles 11/2 n-dles 1 miles 1 mile H 3/4 n-d I e 2 1/2 miles 1 mile 1 mile 1 mile 1 3/4 mile 2 1/2 miles 1 mile 3/4 mile 1 mile j 1 mile 2 1/2 miles 11/2 miles 13/4 miles 11/2 miles K 3/4 mile 2 1/2 miles 13/4 n-dles 13/4 miles 11/2 miles Source: City of Vernon, Community Services Department. Vernon General Plan Housing Element Housing Element - 47 Vernon General Plan Housing Element 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. 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.8 8 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 - 48 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. 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 Vernon General Plan Housing Element Housing Element - 49 Vernon General Plan Housing Element Table H-10 HousinE Element Accomplishments for 2000-2008 Plannine Period ISO@ I I Irk inai d m fi a , e14'' PUP, 9 Continue to enforce all relevant Progress: The City's Department of Community Services is responsible Policy 1.1 building and zoning codes to for code enforcement activities. Due to the limited number of units in ensure that all residential units the City, staff can accurately monitor all units and has determined that are adequately maintained. all are in good repair. Effectiveness: The City has been effective in maintaining housing The City will, as required, undertake code enforcement conditions in the City, and responds to complaints as needed. The City Program activities on Vernon's few renovated twelve City -owned units during 2007. privately owned units to ensure Continued Appropriateness: Code enforcement is an important health and safety of residents. component that ensures that the limited number of units in the City . . ood repair. Encourage the separation of Progress: The City discourages the occupation and construction of residential units from industrial dwelling units on or near industrial sites since activities on industrial operations or storage areas that sites include operations that can be hazardous to residents. are potentially hazardous to the Effectiveness: While no residential units have been separated from health and safety of their industrial operations during the planning period, no new units have Policy 1.2 occupants. been constructed. Continued Appropriateness: Safety on the City's industrial properties has been, and continues to be, of the utmost iinportance to Vernon. Because the City does not permit new residential uses, but win 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 equipped providing renovations on vacated units and repairs as needed on with air conditioning, approved occupied units. In 2007, twelve units received extensive renovations. Policy 1.3 air and water filtration systems, Effectiveness: The City successfully renovated twelve units in 2007, and sound insulation to protect adding new appliances, updating heating and cooling systems, and residents from exposure to providing insulation for sound protection and energy conservation adverse environmental purposes. conditions. Continued Appropriateness: The City owns a majority of residences in the City. The City is fully involved with the maintenance and upkeep The City will continue to provide maintenance of City- of the properties, and will continue to provide these services on other Program owned units. units in the City, as they are needed. No new units will be allowed in the City, but all remodeled units will be required to provide air filtration and sound insulation protection. Mitigate any residential Progress: No residential units were demolished during the last displacement impacts occurring planning period. as a result of residential Effectiveness: The City is conunitted to maintaining the existing Policy 1.4 demolition through unit housing units in the City. replacement or relocation of Continued Appropriateness: The City's primary housing goal is to tenant. preserve the existing housing units. The City is conunitted to mitigating esidential displacement impacts, should they occur. Housing Element - 50 Vernon General Plan Housing Element Table H-10 14mipincr Flement Acenmnlishments for 2000-2008 Plannint! Period We 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 does housing in its jurisdiction. As not allow new housing; as such, no new assisted units will be located in such, there are no housing units the City. at risk of losing its subsidized Effectiveness: While there are no federally- or state -assisted units in 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. City Program 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 b ' uilt in the City. zone to accon-Lmodate public Effectiveness: In response to HCD's letter dated May 2, 2006 regarding safety personnel. 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 occupation Policy 2.2 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 Ci olic No new residential uses are permitted in the City. :Gbal A fair Prohibit discrimination in the Progress: The City has not been advised of any discriminatory practices availability of housing, and that have occurred in regards to the availability of housing. The City prosecute anyone found guilty will take a proactive approach in enforcing antidiscrimination laws. of practicing housing Effectiveness: The City has received no complaints regarding any discrimination. discriminatory actions and will continue to enforce all fair housing law. Policy 3.1 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 - 51 Vernon General Plan Housing Element sound insulation to reduce potentially adverse air quality and noise related impacts from the adjacent industrial uses.9 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 11-13: 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. 9 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 planr-dng period. Housing Element - 52 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 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 Vernon General Plan Housing Element Housing Element - 53 Vernon General Plan Housing Element 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. Community 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 ensure the safety and preservation of all housing units within the City. Responsible Agency: Department of Community Services Project Funding: Departmental Budget Timeftame: 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 govermytental 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 Timeftame: Ongoing Housing Element - 54 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 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 require a fundamental alteration in the nature of the City's land -use and zoning program. The procedure will include consideration of allowing an increase in habitable floor area of an existing residence to accommodate disabled persons. Responsible Agency: Department of Community Services Project Funding: Departmental Budget Timeftame: 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 Timeftame: 2008 Vernon General Plan Housing Element Housing Element - 55 Vernon General Plan Housing Element 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 b' the City Clerk and brought y 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 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 Time/rame: 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 Conservation GoaIs10 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 10 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 - 56 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 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. Vernon General Plan Housing Element Housing Element - 57 Vernon General Plan Housing Element 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 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 Housing Element - 58 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. 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 Vernon General Plan Housing Element Housing Element - 59 Vernon General Plan Housing Element 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 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(l)(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(l)(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 - 60