Malibu Municipal Code § 7.5 Housing Plan

This chapter outlines the City of Malibu's plan to encourage the provision of adequate housing to meet the needs of residents from all economic segments throughout the 2013-2021 planning period. The overriding housing goal of the City is:

The City's policies and implementation programs designed to support this goal are organized into four general areas as described below.

1. Preserve and Improve the Existing Housing Stock

Program 1.1 - Code Enforcement

Ensure compliance with the City's codes and regulations. Particularly in the case of code violations in units that are occupied by lower-income persons or persons with special needs, direct property owners and renters to programs that are available to provide assistance. Offer amnesty and legalization for existing housing units where:

1. The unit is "livable" and meets basic health and safety requirements;

2. The unit existed at the time of the City's incorporation; and

3. The unit is restricted for owner-occupancy or rental by low-or moderate-income persons at an affordable rate.

Program 1.2 - Rebuilding Assistance

Expedite permit processing and provide special assistance to homeowners seeking to repair or rebuild homes that have been lost or damaged in a fire, flood or other disaster, especially units that accommodate low- and moderate-income households, elderly, disabled, large families, single heads of households, farm workers, individuals in need of emergency shelter, and other individuals or household types with special needs, unless those units are located in areas that are physically unsuitable for development.

Program 1.3 - Housing Rehabilitation Assistance

Provide incentives to rehabilitate existing housing units, such as permit fee waivers for units that are deed-restricted for low- and moderate-income families.

Program 1.4 - Preserve Existing Mobile Home Parks

Maintain the Mobile Home Park Rent Control Regulations Ordinance that regulates maximum allowable rents and limits rent increases. Pursuant to the provisions of Government Code § 65863.7, require the submittal of a report detailing the impacts of any proposed mobile home park conversion to a nonresidential use concurrent with the filing of any discretionary permit on such property and impose reasonable mitigation measures upon the park owners.

Program 1.5 - Conserve Affordable Housing in the Coastal Zone

In accordance with Government Code § 65590, continue to require the replacement of low-or moderate-income units that have been removed from the coastal zone (either by demolition or conversion), whenever feasible.

2. New Housing Development

Program 2.1 - Regional Housing Needs Identification

Work with the Southern California Association of Governments (SCAG) and the Las Virgenes-Malibu Subregional Council of Governments (COG) to encourage an appropriate fair share allocation of future regional housing needs based on population need, existing supply/demand, ability to accommodate growth given the physical/environmental constraints and the jobs-to-housing ratio.

Program 2.2 - Ensure Adequate Capacity to Accommodate Regional Housing Needs

The City's residential land inventory provides adequate capacity to accommodate the City's housing needs as identified in the 2014-2021 RHNA (see Appendix B). The City will pursue a two-part strategy to provide sites for lower-income housing: 1) Opportunities and incentives for second units; and 2) Zoning regulations to facilitate affordable multi-family or mixed-use development in suitable locations.

A. Expand the Supply of Second Units

Second units represent an important source of affordable housing in Malibu (see Appendix B for further discussion of second unit production). Due to extraordinarily high land cost and environmental constraints, development of new affordable housing is very difficult. Since second units can be accommodated on developed sites at no additional land cost, they represent an excellent option for addressing the needs of seniors, university students, household employees, local service workers, and extended family members. In order to maximize the availability of additional second units, the City will implement the following actions:

1. Promote the Development of Second Units - Develop a brochure to provide information on the City's second unit standards and incentives to promote their development. The brochure will be distributed at City Hall, posted on the website, and provided to all applicants for new residential development.

2. Amnesty Program for Second Units - Continue to implement the Second Unit Amnesty Program for legalized second units that meet all health and safety requirements. The amnesty program may include the waiver of City fees and penalties and will allow the legal registration of both second units and converted guest houses.

3. Financial Assistance for Second Units - Contact local service providers, including the Water District and School District, to pursue reduced development impact fees on second units dedicated for occupancy by lower-income households. Evaluate mechanisms to subsidize impact fees using local, state, and nonprofit sources, including the City's Affordable Housing Trust Fund.

4. Pre-Approved Second Unit Prototypes - Make available pre-approved second unit proto-type plans to assist applicants and streamline the approval process.

B. Facilitate New Affordable Housing Development

In order to accommodate lower-income housing, the M.M.C. and LCP regulations were amended in the previous planning period to establish an Affordable Housing Overlay allowing multi-family or mixed-use development by-right at a density of 20 units/acre for projects that include affordable housing. In order to qualify for the increased density incentive, all "bonus" units (i.e., additional units allowed above the base density of 6 units per acre) must be deed-restricted for low-and moderate-income households for a minimum of 30 years at a ratio of 50% low-and 50% moderate-income. As an alternative, very-low-income units may offset the requirement for moderate-income units on a one-for-one basis.[1] Any developer utilizing these incentives shall be required to screen tenants or buyers for compliance with income limits and establish a monitoring system to ensure the unit's continued affordability. This program creates a strong incentive for affordable housing development because of the additional units allowed at 20 units per acre compared to the base density of 6 units per acre. The allowable density of 20 units per acre does not include the state-mandated density bonus, and it is anticipated that all projects utilizing this option will also qualify for a density bonus of up to 35%.

This program does not represent an "inclusionary" requirement because property owners who do not wish to take advantage of the density incentive would be allowed to develop market-rate housing at the allowable base density of 6 units/acre.

Incentives and concessions for ELI units will include a variety of housing types such as SROs and supportive housing. Incentives may include priority processing, density bonus, modified development standards, administrative support with funding applications, and/or fee waivers or deferrals.

In order to facilitate development of affordable housing, including housing for persons with developmental disabilities and other special needs, the City will contact non-profit developers annually to implement a strategy for developing housing, including site identification, priority processing, density bonus and modified development standards, administrative support with funding applications, and fee waivers or deferrals if feasible. The City has already had conversations with nonprofit developers regarding affordable housing opportunities on the La Paz site.

[1]

For example, a 20-unit qualifying project may provide 7 low-income units, 7 moderate-income units and 6 market-rate units; or as an alternative, 7 very-low-income units and 13 market-rate units.

Program 2.3 - Streamline Development Review and Assist Affordable Housing Developments

Streamline the development review and permit process for all residential development by providing a series of informational handouts describing how to apply for housing development and summarizing the basic development criteria for different zones. When developers propose to include affordable units in a project, provide assistance through expedited processing, density bonus and other modified development standards, and administrative assistance with grant applications.

3. Fair Housing and Assistance to Lower-Income Households and Persons with Special Needs

Program 3.1 - Fair Housing

Support fair housing efforts by contracting with the Los Angeles County Housing Authority, Westside Fair Housing Council, or other appropriate organization, to create a program that provides fair housing services, including investigation of discrimination complaints, research on housing discrimination-related issues, public information about the rights and responsibilities of landowners and tenants, and landlord/tenant dispute resolution. Promote the program each year through the use of pamphlets, public bulletin boards on community television; educational flyers distributed to property owners, apartment managers and tenants; public service announcements on local radio stations and in local print media; and presentations at community groups.

Program 3.2 - Provide Financial Support and Referral Information to Persons in Need of Assistance

Malibu is a small jurisdiction without a redevelopment agency or housing department, and is not an entitlement jurisdiction for federal grants, such as Community Development Block Grants (CDBG) and the HOME Investment Partnerships Program (HOME). Therefore, the City does not have any resources for direct financial housing assistance, other than a small Affordable Housing Trust Fund. The City will provide referral information to extremely-low-, very-low-, low-, and moderate-income persons and families, the elderly, and persons with disabilities regarding affordable and special needs housing, such as Section 8 Rental Assistance and the Mortgage Credit Certificate program. If feasible, the City will seek CDBG and HOME funds.

a. Affordable Housing Trust Fund. Maintain an Affordable Housing Trust Fund and use the proceeds to leverage other sources of funding for affordable housing.

b. State and Federal Grants. Where feasible, seek state and federal grant funds, such as CDBG and HOME, in order to provide support for affordable housing activities.

c. Section 8 Rental Assistance. Provide referral information to low-income persons seeking rental assistance by publicizing the program in flyers posted at City Hall, the City's website and other public locations.

d. Mortgage Credit Certificates. Provide referral information regarding the mortgage credit certificate program to homebuyers by publicizing the program in flyers posted at City Hall, the City website and other public locations.

4. Housing Performance Monitoring

Program 4.1 - Monitor and Report Annually on Housing Program Accomplishments

The City will monitor accomplishments toward Housing Element objectives and report annually to the City Council and California Department of Housing and Community Development. If implementation measures are ineffective in achieving desired results, adjustments will be made to improve the efficacy of programs.

(Resolution Nos. 14-04, 1/13/14; 13-34, 8/26/13)

The City's quantified objectives for new construction, rehabilitation and conservation are presented in Table 7-31. It must be recognized, however, that many factors and constraints outside the City's control may influence its ability to achieve these objectives. These estimates represent the City's best effort to quantify potential results.

Table 7-31 Quantified Objectives 2013-2021

(Resolution Nos. 14-04, 1/13/14; 13-34, 8/26/13)

Section III. Glossaries

Appendix A. Glossary of Terms.

The following glossary of terms is based on several sources. The sources for the glossary include the California Planning Roundtable, a nonprofit association affiliated with the California Chapter of the American Planning Association. In addition, the glossary also includes terms and definitions developed by the League of California Cities and the City of Calabasas.

The purpose of this glossary is to define the terms used to describe the City of Malibu's policy commitments.

Adaptive Reuse The conversion of an existing building from one type of use to another type of use. The purpose of adaptive reuse is to encourage retaining the primary constructed structure while minimizing new construction. Examples include, but are not limited to the following: (a) converting a church sanctuary to a performing arts theater; (b) converting an elementary school to an office complex; (c) converting a gas station to a restaurant; (d) converting retail space to residential uses; and other similar conversions. Adverse Impact A negative consequence for the physical, social, or economic environment resulting from an action or project. Adopt Action will be undertaken to formulate policy, guidelines, or ordinances or revisions thereto. The expectation is that resources would be devoted to creating the policy, guidelines, ordinances, or revisions, and that they will be formally enacted by appropriate City decision makers. Affordable Housing Housing capable of being purchased or rented by a household with very low, low, or moderate income, based on a household's ability to make monthly payments necessary to obtain housing. Housing is considered affordable when a household pays less than 30% of its gross monthly income for housing including utilities. Affordability Requirements Provisions established by a public agency to require that a specific percentage of housing units in a project or development remain affordable to very low-and low-income households for a specified period. Alluvial Soils deposited by stream action. Ambient Surrounding on all sides; used to describe measurements of existing conditions with respect to traffic, noise, air and other environments. Annex To incorporate a land area into an existing district or municipality, with a resulting change in the boundaries of the annexing jurisdiction. Applicant A person proposing development (see proposed development). Aquifer An underground, water-bearing layer of earth, porous rock, sand or gravel, through which water can seep or be held in natural storage. Aquifers generally hold sufficient water to be used as a water supply. Archaeological Relating to the material remains of past human life, culture, or activities. Articulation Variation in the depth of the building plane, roof line, or height of a structure that breaks up plain, monotonous areas and creates patterns of light and shadow. Avoid To keep away from, or to prevent the occurrence or effectiveness. Development in areas to be avoided will be subject to additional conditions requiring mitigation of the impact of that development on public services, facilities and resources. Areas to be avoided would be among those included in the last phase of a growth management study. Base Flood In any given year, a 100-year flood that has one percent likelihood of occurring, and is recognized as a standard for acceptable risk. Basic Biogeographic Planning Area A geographic area which is united by common biological and geophysical processes, which creates a natural planning unit for evaluating and implementing natural resource protection. The basic biogeographic resource planning area for the Malibu coastal zone is defined as the individual watershed. Biota All the living organisms of a particular area; the combined flora and fauna of a region. Blue Line Stream Those drainage pathways identified by a "blue line" on U.S.G.S. topographic maps. Bluff A cliff, head land or hill with a broad steep face. Buildout Development of land to its full potential or theoretical capacity as permitted under the provisions of the General Plan. Bulk Envelope The space remaining on a site for structures after all building setback, height limit and bulk requirements. California Environmental Quality Act (CEQA) A state law requiring state and local agencies to regulate activities with consideration for environmental protection. If a proposed activity has the potential for a significant adverse environmental impact, an Environmental Impact Report (EIR) must be prepared and certified as to its adequacy before taking action of the proposed project. Caltrans California Department of Transportation. Capital Improvement Program A budgetary program that schedules the construction of public facilities to fit its fiscal capability some years into the future. Capital improvement programs are usually projected five or six years in advance and should be updated annually. Carrying Capacity The level of land use, human activity, or development for a specific area that can be accommodated permanently without an irreversible change in the quality of air, water, land, or plant and animal habitats. Carrying capacity also refers to the upper limits beyond which the quality of life, health, welfare, safety or community character within an area will be impaired. Character Special physical characteristics of a structure or area that set it apart from its surroundings and contribute to its individuality. Circulation Element One of the seven State-mandated elements of a local general plan, it contains adopted goals, policies, and implementation programs (or measures) for the planning and management of existing and proposed thoroughfares, transportation routes, and terminals, as well as local public utilities and facilities, all correlated with the land use element of the general plan. Coastal Morphology The biological characteristics of the coastal area, including the relationships between terrestrial and marine plants and animals in the coastal zone. Commercial Strip Commercial development, usually one store deep, that fronts on a major street for a distance, usually one block or more. Includes individual buildings on their own lots, with or without on-site parking, and small linear shopping centers with shallow on-site parking in front of the stores. Common Open Space Land within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoymen

a major street for a distance, usually one block or more. Includes individual buildings on their own lots, with or without on-site parking, and small linear shopping centers with shallow on-site parking in front of the stores. Common Open Space Land within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents of the development. Community The recognizable unit of a given geographic area, produced by interaction of climatic factors, biota, and substrate, usually designated according to the characteristic adult or climax vegetation, such as deciduous forest, grassland, chaparral, and the like. Community Noise Equivalency Level (CNEL) A 24-hour energy equivalent level derived from a variety of single-noise events, with weighing factors of 5 and 10 dBA applied to the evening (7:00 p.m. to 10:00 p.m.) and nighttime (10:00 p.m. to 7:00 a.m.) periods, respectively, to allow for the greater sensitivity to noise during these hours. Composting The treatment of solid organic refuse through aerobic, biologic decomposition. Congestion Management Plan (CMP) A mechanism employing growth management techniques, including traffic level of service requirements, development mitigation programs, transportation systems management (TSM), and capital improvement programming, for the purpose of controlling and/or reducing the cumulative regional traffic impacts of development. AB 1791, effective August 1, 1990, requires all cities, and counties that include urbanized areas, to adopt and annually update a CMP. Conservation Element One of the seven State-mandated elements of a local general plan, it contains adopted goals, policies, and implementation programs for the conservation, development, and use of natural resources including water and its hydraulic force, forests, soils, rivers and other waters, harbors, fisheries, wildlife, minerals, and other natural resources. Coordinate Action will be taken to expend time and money in jointly pursuing an implementing activity with other entities. The expectation is that implementation will definitely result, and that it will be accomplished cooperatively with other organizations, possibly with the City in the lead. Cumulative Effect or Cumulative Impact "Cumulative impacts" refers to two or more individual effects which, when considered together, are considerable or which compound or increase other environmental impacts. The incremental effects of an individual project are reviewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects. dB Decibel; a unit used to express the relative intensity of a sound as it is heard by the human ear. dBA The "A-weighted" scale for measuring sound in decibels; weighs or reduces the effects of low and high frequencies in order to simulate human hearing. Every increase of 10 dBA doubles the perceived loudness though the noise is actually ten times more intense. Dedication An action by a property owner which turns over private land for a public use, and its acceptance for such use by the government agency in charge of the public function for which it will be used. Dedications for streets, parks, school sites, or other public uses are often made conditions for the approval of a development. Density Transfer A process permitting unused allowable densities in one area to be used in another area. Where density transfer is permitted the average density over an area would remain constant, but allow internal variations. Within a single development, the result would normally be a clustering of buildings on smaller lots with some land retained as open space. Development The physical extension and/or construction of structures, subdivision of land, roads or other facilities, installation of septic systems; grading which requires a permit; and deposit of debris or fill materials. Additions to existing structures that do not exceed 10% of the original floor area, routine repair, maintenance and remodel are not "development." Development (Proposed) Development for which an application for approval/permits has been submitted to the City, but not yet approved. Dispersion A measure of the "scattering" of a component of water (e.g., pathogens or nitrates) in various directions. District

Appendix B. Glossary of Abbreviations.

(Resolution No. 09-43, 7/13/09)