Frequently Asked Questions

The Housing Element is part of the City’s General Plan, which is intended to guide local decision-making regarding future growth and expresses community goals about the future distribution and character of land uses and activities, both public and private. The General Plan is a long-term document, establishing development policies to serve as the basis for day-to-day land use decision making within an approximate 20-year time frame.

The requirement for each city to adopt a General Plan is contained in state law, which also lays out specific requirements for each element. The Housing Element provides an overarching statement of City policies and programs to maintain and improve existing housing, and also accommodate the City’s fair share of housing growth needs. Among the requirements in state law for Housing Elements are the following:

• Identify adequate number of sites for new housing for persons at all income levels;
• Encourage and facilitate the development of affordable housing;
• Conserve and improve the existing affordable housing stock;
• Analyze and remove governmental constraints on new housing development;
• Promote equal housing opportunities; and
• Preserve assisted housing.

State law gives the California Department of Housing and Community Development (HCD) the authority to review local Housing Elements and issue findings regarding the elements’ compliance with the law. When HCD issues a letter stating that the Housing Element is “in compliance” it is referred to as “certification” of the Housing Element. Certification is important for several reasons:

• Local control. The General Plan and its various elements provide the foundation for the City’s planning programs and land use regulations. If the City were challenged in court regarding the validity of the General Plan or zoning regulations, and the General Plan were found to be invalid, a court could assume control over local land use decisions. HCD certification establishes a “rebuttable presumption of validity” that the Housing Element is adequate under state law, which would support the City’s legal defense.
• More frequent Housing Element updates. When a city does not adopt its Housing Element within the established time frame, subsequent updates must be completed on a four-year schedule rather than an eight-year schedule. A four-year update requirement would   create   an administrative and cost burden.
• Grant funds. Some state grant funds are contingent upon Housing   Element certification or give a higher priority to those jurisdictions with a certified Housing Element.
• Enforcement and Litigation Exposure. Per State law, cities are required to adopt a compliant Housing Element, and failure to do so could result in the State pursing enforcement action against a non-compliant city. In February 2019, Governor Newsom directed the State to file a lawsuit against the City of Huntington Beach due to its failure to comply with the State Housing Element requirements, which the City subsequently corrected by filing a compliant Housing Element.

The City’s previous Housing Element for the 2014-2021 (5th RHNA) cycle was adopted by the City Council in 2013. HCD issued a letter of certification for the adopted Housing Element.

Periodic updates of the Housing Element are mandated by state law. Every city in the Southern California is required to prepare an update to its Housing Element for the 2021- 2029 6th RHNA planning period.

The Housing Element is required to consider needs related to preservation of the existing housing stock, new housing needs resulting from population growth, and housing affordability. Santa Clarita lies within the greater Los Angeles region, which has experienced strong population growth for many decades.
Under state law, all cities are required to plan for the housing needs of our growing population. State law recognizes that cities do not build housing, since that is the role of private and non-profit developers. However, cities must adopt policies, zoning regulations and development standards that allow construction of a full range of new dwellings, including affordable multi-family rental housing. The RHNA is the method by which each jurisdiction’s share of new housing needs is determined.

Under state law, cities must also accommodate housing for persons with “special needs” including the elderly, persons with disabilities, and those in need of temporary shelter. The Housing Element contains a more thorough discussion of these special needs along with policies and programs to address them.

Additional housing needs will be identified through the community outreach process which is an important part of every Housing Element update.

By definition, housing is considered “affordable” when total housing cost, including utilities, is no more than 30 percent of the household’s gross income. State law describes five income categories, which are based on a percentage of median county income, as shown in the following table.

Table 1 – Household Income Categories

Cities in every region of the state are required to plan for their fair share of new housing needs. State housing policy is based on federal fair housing law and the premise that all local jurisdictions must share the responsibility for providing decent housing for residents at all economic levels. Housing Element law establishes the process by which a portion of the state’s “fair share” housing needs is assigned to each city in California.

All cities, even those without a significant amount of commercial, office or industrial development and those that lack frequent transit services, create the need for affordable housing for workers who serve residents of the community such as teachers, police and fire, retail clerks, medical office support staff, home and landscape construction and maintenance workers, public utilities maintenance personnel, etc.

State law recognizes that land and construction costs vary depending on location, and that subsidies are necessary in order to provide housing that is affordable to families in the lower economic tiers. Cities are held responsible only for the things they have control over, such as land use plans, zoning, development standards (e.g., allowable density, minimum lot sizes, maximum building height, parking requirements, yard setbacks, requirements for accessory dwelling units, permit review procedures, etc.). While state law recognizes the limitations and constraints on development of affordable housing and does not require cities to achieve their affordable housing needs, the law does not allow an exception to Housing Element requirements in high-cost areas.

Yes, particularly in high-cost areas like the Los Angeles area, significant subsidies are needed to make affordable housing feasible. After the State’s elimination of redevelopment agencies in 2012, one of the largest sources of funding for affordable housing is the federal Low Income Housing Tax Credit program. It is important to note that state law does not require cities to build affordable housing – and instead cities must plan for their share of new housing, including affordable housing.

Cities are required to plan for their fair share of new housing needs. The Regional Housing Need Allocation, or RHNA, is the process established in state law by which new housing needs are determined.

Prior to each planning “cycle”, the total new housing need for each region is determined by HCD. For the 2021-2029 6th cycle, the HCD determined that the Southern California region’s housing need is 1,341,827 units. Total housing need is based on the latest forecast of economic and demographic trends. Santa Clarita is within the Southern California Association of Governments (SCAG) region. SCAG is a federally-designated regional planning agency with responsibility for preparing regional transportation and housing plans for the greater Southern California area.

Forecasts of future population, housing and employment are based on the best professional judgment of demographers and economists and begin with the aggregate forecast for the nation as a whole. The national growth forecast is based on two major components – natural increase and migration. Natural increase is the net difference between births and deaths of U.S. residents, and migration is the net difference between national in-migration and out-migration. The forecast for California is based on historical trends and future projections of the share of national growth that the state will experience. California’s share of national growth may change over time due to changes in demographic characteristics (e.g., birth rates, mortality rates, average household size) and economic factors related to competition between states and regions. The total forecast for California is distributed to major regions (e.g. Southern California, the Central Valley, the San Francisco Bay area) in a similar fashion.

The following shows the adopted RHNA allocation for Santa Clarita for this 6th RHNA cycle (2021 – 2029).

Table 2 – Final 6th Cycle RHNA by Income Category – Santa Clarita

Source: SCAG 6th Cycle Final RHNA Allocation Plan, March 4, 2021

For information about the RHNA process, please visit https://scag.ca.gov/rhna

As part of the Housing Element update, state law requires cities to identify sufficient amount of land suitable for residential development to accommodate both the overall RHNA allocation and the lower-income allocations.

“Land suitable for residential development” can be vacant sites, or sites that are “underutilized” and have potential for additional residential development or redevelopment. “Adequate sites” means sufficient vacant or underutilized land, with appropriate zoning, to accommodate the City’s share of regional need. “Appropriate zoning” means development standards and regulations that facilitate housing development for all income categories. If a city cannot demonstrate that it has adequate sites with appropriate zoning for new housing commensurate with its RHNA allocation, then the city must rezone the identified vacant and/or underutilized sites to accommodate for the RHNA allocation. In order to satisfy the lower-income allocation, cities may need to increase the density for the identified sites to match the “default” density that is deemed by state suitable for lower- income housing.

As part of each city’s RHNA allocation, certain amount of the identified units must be capable of being developed with lower-income units (i.e., the extremely low, very-low- and low-income categories). Density is one of the most important factors that affect the feasibility of affordable housing. Higher density reduces the land cost for each housing unit, thereby reducing total development cost. In 2004 state law was amended to establish “default” densities that are presumed to be suitable for lower-income housing.

For cities in metropolitan areas (such as Los Angeles County) the default density is at least 30 housing units per acre. Under state law, a vacant parcel in Santa Clarita zoned to allow multi-family housing at 30 units/acre is considered a suitable “low-income housing site”. The sites that are zoned to allow for lower-income housing (i.e. minimum 30 units/acre density) do not have to be built with affordable housing, but cities are required to plan for affordable housing by identifying sufficient number of sites with the “default” lower- income density.

In addition to land zoned for 30 units/acre, State law allows cities to take RHNA credit for accessory dwelling units (“granny units”) based on the number of units developed during the prior planning period. To qualify, accessory dwelling units must be available for permanent occupancy and have both kitchen and bathroom facilities.

In recent years the California legislature adopted laws intended to address the issue of climate change. Assembly Bill 32 and Senate Bill 375 require regional and local governments to coordinate their land use, transportation and housing plans in a way that helps to reduce vehicle travel and greenhouse gas emissions. These laws are intended to encourage new residential development in areas near major employment centers and transportation routes in order to help reduce carbon emissions.

State law contains specific requirements for cities to provide housing opportunities for persons with “special needs”. Special needs include the elderly, persons with disabilities, large families, farm-workers, families with female heads of household, and persons in need of emergency shelter.

State law also establishes limitations on cities’ regulation of group homes. A state- licensed care facility for up to 6 persons is considered to be a single-family residence under local zoning laws.

Cities must also adopt regulations for facilities such as assisted living, nursing homes, and residential care for the elderly.

AB 1350: LAND USE – REGIONAL HOUSING NEED ASSESSMENT

Authored by Assembly Member Laura Friedman (D-43-Glendale), Assembly Bill 1350 proposes to require a city or county, that has not met at least one-third of its share of the regional housing need assessment for low-income and very low income housing, to pay a penalty to the Department of Housing and Community Development.

The City Council opposed Assembly Bill 1350 at the regular meeting on June 13, 2017.

SB 35: PLANNING AND ZONING – STREAMLINED APPROVAL PROCESS

Authored by Senator Scott Wiener (D-11-San Francisco), Senate Bill 35 proposes to require a city or county to submit to the State Legislature, the Department of Housing and Community Development, and the Office of Planning and Research, an annual report regarding a local agency’s general plan related to housing. This bill also proposes to streamline the approval process for specific multifamily residential developments by eliminating the requirement of a conditional use permit by a local agency.

The City Council opposed this bill at the regular meeting on April 25, 2017.

Approved by Governor Brown and chaptered by the Secretary of State (Chapter 368, Statutes of 2017) on September 29, 2017.

SB 167: HOUSING ACCOUNTABILITY ACT

Authored by Senator Nancy Skinner (D-9-Berkeley), Senate Bill 167 requires local agencies to publish an analysis of the requirements of the Housing Accountability Act as part of its review of each application for a residential development project and imposes a minimum fine of $10,000 per housing unit in the housing development project if a court finds that a local agency violated the Housing Accountability Act.

The City Council opposed this bill at the regular meeting on August 22, 2017.

Approved by Governor Brown and chaptered by the Secretary of State (Chapter 368, Statues of 2017) on September 29, 2017.

SB 540: WORKFORCE HOUSING OPPORTUNITY ZONE

Authored by Senator Richard Roth (D-31-Riverside), Senate Bill 540 would establish a voluntary process for a city or county to adopt a Workforce Housing Opportunity Zone, which would authorize a streamlined process for the approval of residential developments close to jobs and/or public transit.

The City Council supported this bill at the regular meeting on August 22, 2017.

Approved by Governor Brown and chaptered by the Secretary of State (Chapter 369, Statutes of 2017) on September 29, 2017.

SB 792: HOMELESS COORDINATING AND FINANCING COUNCIL

Authored by Senator Scott Wilk (R-21-Antelope Valley), Senate Bill 792 proposes to require the Homeless Coordinating and Financing Council to develop and implement a statewide strategic plan for addressing homelessness in California.

The City Council supported this bill at the regular meeting on July 10, 2018.

SB 827: PLANNING AND ZONING: TRANSIT-RICH HOUSING BONUS

Authored by Senator Scott Wiener (D-11-San Francisco), Senate Bill 827 proposes to restrict local authority regarding density, height, parking, and design standards related to specific residential developments near a transit stop or transit corridor.

The City Council opposed this bill at the regular meeting on March 27, 2018.

SB 828: LAND USE: HOUSING ELEMENT

Authored by Senator Scott Wiener (D-11-San Francisco), Senate Bill 828 makes changes to the Regional Housing Needs Assessment (RHNA). Specifically, this bill would prohibit the prior underproduction or stable population of a city from a previous RHNA cycle from being used for a determination in a city’s share of regional housing need.

The City Council opposed this bill at the regular meeting on May 22, 2018.

Approved by Governor Brown and chaptered by the Secretary of State (Chapter 974, Statues of 2018) on September 30, 2018.

SB 831: LAND USE: ACCESSORY DWELLING UNITS

Authored by Senator Bob Wieckowski (D-10-Fremont), Senate Bill 831 preempts local land use authority related to accessory dwelling units (ADU). This bill revises laws related to the construction of an ADU, including requiring cities to waive some building code requirements for the construction of ADU’s.

The City Council opposed this bill at the regular meeting on May 22, 2018.

AB 68: LAND USE: ACCESSORY DWELLING UNITS

Authored by Assembly Member Phil Ting (D-19-San Francisco), Assembly Bill 68 preempts local land use authority related to accessory dwelling units.

The City Council opposed this bill at the regular meeting on April 9, 2019.

Approved by Governor Newsom and chaptered by the Secretary of State (Chapter 655, Statutes of 2019) on October 9, 2019.

AB 953: LAND USE: ACCESSORY DWELLING UNITS

Authored by Assembly Member Phil Ting (D-19-San Francisco), Assembly Bill 953 preempts local land use authority related to accessory dwelling units and junior accessory dwelling units.

The City Council opposed this bill at the regular meeting on April 28, 2020.

AB 1568: HOUSING LAW COMPLIANCE: PROHIBITION ON APPLYING FOR STATE GRANTS

Authored by Assembly Member Kevin McCarty (D-7-Sacramento), Assembly Bill 1568 restricts state grant funds for cities and counties violating the state housing law.

The City Council opposed this bill at the regular meeting on May 28, 2019.

AB 3269: STATE AND LOCAL AGENCIES: HOMELESSNESS PLAN

Authored by Assembly Member David Chiu (D-17-San Francisco), Assembly Bill 3269 authorizes the State to take legal action against a local agency and preempt local land use authority, if local homeless populations do not decrease within a local jurisdiction by the prescribed rate and timeframe included in the bill.

The City Council opposed this bill at the regular meeting on July 14, 2020.

SB 13: ACCESSORY DWELLING UNITS

Authored by Senator Bob Wieckowski (D-10-Fremont), Senate Bill 13 preempts local land use authority related to accessory dwelling units (ADU).

The City Council opposed this bill at the regular meeting on June 11, 2019.

Approved by Governor Newsom and chaptered by the Secretary of State (Chapter 653, Statutes of 2019) on October 9, 2019.

SB 50: PLANNING AND ZONING: HOUSING DEVELOPMENT

Authored by Senator Scott Wiener (D-11-San-Francisco), Senate Bill 50 restricts certain local land use authority including density, height, parking, and flood area ratio standards related to specific residential development near a major transit stop, major transit corridor or major job center.

The City Council opposed this bill at the regular meeting on February 26, 2019.

SB 330: HOUSING CRISIS ACT OF 2019

Authored by Senator Nancy Skinner (D-9-Berkeley), Senate Bill 330 declares a statewide housing emergency to be in effect until January 1, 2025, and restricts certain local land use authority including; zoning, design standards, parking, and overall application standards related to specific residential developments.

The City Council opposed this bill at the regular meeting on July 9, 2019.

Approved by Governor Newsom and chaptered by the Secretary of State (Chapter 654, Statutes of 2019) on October 9, 2019.

SB 333: HOMELESS COORDINATING AND FINANCING COUNCIL

Authored by Senator Scott Wilk (R-21-Santa Clarita), Senate Bill 333 requires the State’s Homelessness Coordinating and Financing Council to develop and implement a statewide strategic plan for addressing homelessness in California.

The City Council supported this bill at the regular meeting on May 28, 2019.

SB 773: LAND USE: ACCESSORY DWELLING UNITS

Authored by Senator Nancy Skinner (D-9-Berkeley), Senate Bill 773 preempts local land use authority related to accessory dwelling units and junior accessory dwelling units.

The City Council opposed this bill at the regular meeting on April 28, 2020.

SB 1120: SUBDIVISION: TENATIVE MAPS

Authored by Senator Toni Atkins (D-39-San Diego), Senate Bill 1120 preempts certain local land use authority including; zoning, design standards, parking, and overall application standards related to specific residential developments. The following summary focuses on two provisions included in the legislation that directly preempt the City’s local land use authority.

The City Council opposed this bill at the regular meeting on July 14, 2020.

SB 1385: LOCAL PLANNING: HOUSNG – COMMERCIAL ZONES

Authored by Senator Anna Caballero (D-12-Salinas), Senate Bill 1385 preempts local land use authority by deeming a housing development project an authorized use on a lot exclusively zoned for office or retail commercial use.

The City Council opposed this bill at the regular meeting on July 14, 2020

SB 6: Local Planning: Housing: Commercial Zones

Authored by Senator Anna Caballero (D-12-Salinas), Senate Bill 6 authorizes specific housing developments as an authorized use in retail commercial or office zones and preempts local land use authority by requiring local governments to approve housing developments, that meet certain conditions, through a streamlined, ministerial review process.

The City Council opposed this bill, unless amended, at the regular meeting on February 23, 2021.

SB 9: Housing Development: Approvals

Authored by Senator Toni Atkins (D-39-San Diego), Senate Bill 9 preempts certain local land use authority including, zoning, design standards, parking, and overall application standards related to specific residential developments.

The City Council opposed this bill, at the regular meeting on February 23, 2021.