State law (Government Code § 65580-65584) mandates that local governments plan to meet the existing and projected housing needs of all economic segments of the community. The law acknowledges that in order for the private market to adequately address housing needs and demand, local governments must adopt land use plans and regulatory systems which provide opportunities for, and do not unduly constrain, housing development. The state requires that Housing Elements be updated and certified by the state every five years to capture the most recent trends in demographics and employment that may affect existing and future housing demand and supply.

The Board of Supervisors initally adopted the county's current Housing Element in March 2004, and adopted a revised Housing Element in May 2006. The Housing Element received conditional certification in 2006, pending the adoption of the Housing Element Action Items. The state's deadline for the 2009-2014 Housing Element cycle is July 2009.

The state does not require the county to build the housing necessary to meet the community's need but does require that the county ensure that adequate residentially zoned land at appropriate densities exists and policies are in place to allow the private market to meet the housing needs of all economic segments of the community.

What is happening now in the Housing Element update process?

The county is now in the Action Phase of the 2003-2008 Housing Element. This phase includes environmental review of the action items identified in the Housing Element, including affordable housing programs (changes in development standards and uses in certain zones to facilitate the construction of affordable housing) and the rezoning of at least 62 acres of land to accomodate 16-20 units per acre of multifamily housing. Given the scope of the proposed changes outlined in the Housing Element, the county is conducting a full Environmental Impact Report (EIR) as required by the California Environmental Quality Act (CEQA).

The first action item addressed in the Action Phase was the update of the county's Inclusionary Housing Program (IHP). Changes to the IHP and associated In-Lieu Fee Policy were adopted by the Board of Supervisors on November 23, 2004.

What is the county trying to accomplish with the Housing Element?

The goal of the 2003-2008 Housing Element is to increase the supply of housing affordable to people who already live and work in our community while balancing other important community goals like preserving quality of life and protecting rural agricultural land and the environment.

From this goal, the county identified five guiding principles for updating Housing Element policies:

Use remaining vacant and underdeveloped land efficiently.

Preserve rural agricultural lands.

Provide a variety of housing types to maintain a diverse community.

Promote quality design and compatibility with existing neighborhoods.

Encourage mixed use and infill development that supports alternative forms of transportation

What role does community input play in the Housing Element update?

Community input is a very important part of the Housing Element Update. State housing law requires that the county "make a diligent effort to achieve public participation of all economic segments of the community in the development of the housing element" and that this effort be documented in the Housing Element that is submitted for state certification. The public process for the 2003-2008 Housing Element has included numerous educational workshops on housing issues in 2001 and 2002 and public workshops on proposed policy and program amendments and housing opportunity sites during 2002 and 2003. (See Public Participation.) Planning Commission and Board of Supervisors hearings to adopt the Housing Element were held in Spring 2004 and Spring 2006. Opportunities for public involvement in the ongoing Housing Element environmental review process can be found here.

Written public comment regarding the proposed housing policies or other issues related to housing are always accepted. You can contact staff via mail: Office of Long Range Planning, 30 E. Figueroa St., 2nd Floor, Santa Barbara, CA, 93101, or e-mail (see above for staff e-mail addresses).

How do the community plans and the Housing Element fit together?

The Housing Element and various community plans, along with other elements such as Circulation and Conservation, together comprise the Santa Barbara County Comprehensive Plan. State law requires that the county's general plan (what we call the Comprehensive Plan) and its related implementation tools, such as the zoning ordinances, form a consistent body of policy and regulations. No individual part of the general plan (e.g., the Housing Element) is more or less important than any other part, and all parts must be consistent with each other. Implementing tools such as the zoning ordinances also must be consistent with the entirety of the general plan. Maintaining such consistency, in balancing competing goals such as affordable housing production and open space preservation, is one of the foremost challenges that planners face in crafting Comprehensive Plan updates and related ordinances changes. Whenever a significant change is proposed in some part of the Comprehensive Plan such as the Housing Element, one of two approaches may be taken: either the new proposed change must be consistent with all applicable parts of other adopted plans and ordinances; or, if some inconsistency would arise, the various applicable parts of adopted plans or ordinances must be changed to be consistent with the new proposal. Either approach is sound from both a legal and public policy standpoint, depending upon the changing priorities of federal and state law, the CountyBoard of Supervisors, and the affected communities.

What is the relationship between the Housing Element and the Housing Element Implementation Guidelines (HEIG)?

The HEIG is not a policy document, but rather a guide to the policies found in the Housing Element. The HEIG is being revised to reflect this fact.

Who are my representatives on the Board of Supervisors and the Planning Commission?

Visit the Board of Supervisors and Planning Commission websites to find out who your elected representatives are.

How can I receive notification of upcoming Housing Element related hearings and events?

Click here to send an email indicating whether you'd like to be contacted via email or standard mail about Housing Element related news and upcoming meetings and events

State Housing Law Requirements

What is the Regional Housing Needs Assessment?

The State Department of Housing and Community Development (SHCD) provides each region with its projected increase in housing need for a seven and a half year period. This projected regional need is a portion of the state's housing goal for the same period. The projection is articulated in the Regional Housing Needs Assessment (RHNA) prepared by Santa Barbara County Association of Governments (SBCAG). SBCAG divides SHCD's estimated housing need among the incorporated cities and the unincorporated areas of Santa Barbara County. the RHNA identifies not only the number of housing units the county must plan for, but also the required affordability level of those units.

The current RHNA allocation is for the planning period from January 2001 to July 2008.

How was the RHNA divided among the county's jurisdictions?

The Santa Barbara County Association of Governments (SBCAG) divides State Housing and Community Development Department's (SHCD's) estimated housing need between the incorporated cities and the unincorporated areas of the county. SBCAG uses information on population, employment, and commute patterns to allocate the units among the local jurisdictions. In the unincorporated areas of the county the units are further divided among the county's five Housing Market Areas (HMAs) which include the SouthCoast, Santa Ynez, Lompoc, Santa Maria, and Cuyama HMAs. The SBCAG Board made the decision to assign 49.7 percent (3,014) of the units allocated to the unincorporated county to the Santa Maria HMA. The allocation process and the final decision are articulated in SBCAG's Regional Housing Needs Assessment (RHNA).

RHNA Allocation, January 2001-July 2008 Unincorporated Santa Barbara County
Housing Market Areas	Total Units Allocated	Percent of Total
South Coast	1,182	19.5%
Santa Maria	3,014	49.7%
Santa Ynez	724	11.9%
Lompoc	1,122	18.5%
Cuyama	22	0.4%
Unincorporated Area Total	6,064	100.0%
Source: SBCAG, Adopted December 19, 2002

The SBCAG Board is made up of all five members of the county's Board of Supervisors and one representative from each of the incorporated cities in the county (either the mayor or a city councilperson). This process began in December 2001 when the state assigned draft regional housing need numbers to the Santa Barbara region. In December 2002, the Board of Supervisors adopted the RHNA allocations for the unincorporated area in public hearings.

What is the penalty for not meeting state Housing Element requirements?

The consequences for not having a Housing Element certified by the State Department of Housing and Community Development include the following:

The state would withhold housing funding (approximately $850,000 annually). The county would be ineligible or not competitive for grant funding for housing and transportation. (The county has received $25 million dollars in grant funds since 1995.)
The county would be open to law suits for not providing housing for all income categories (Sacramento County lost a lawsuit in 1996. The Cities of Camarillo, Fillmore, and Folsom and Napa County are currently being sued by housing advocates for not providing adequate land for housing). The typical remedies for such law suits include the court ordered implementation of Housing Element policies to meet state certification requirements, a court imposed moratorium on all development in a jurisdiction, a court takeover of a planning department in order to process affordable housing projects, and the payment of attorneys fees.

Can the County self-certify its Housing Element ?

No. The state's self-certification program applies only to jurisdictions in San Diego County, and is a pilot program that was established by Assembly Bill 1715 in 1995 (Government Code § 65585.1). The self-certification program does not exempt jurisdictions from meeting all state laws regarding Housing Element compliance. A bill to expand this pilot program to all jurisdictions in California was introduced in the 2005-2006 legislative cycle (AB 549-Salinas), but did not pass.

Action Phase Programs: Rezone Sites and Proposed Policy Changes

What is the environmental review process for the Action Phase of the Housing Element?

The county produced a Negative Declaration (ND) for the Adoption Phase of the Housing Element. The Action Phase of the Housing Element is currently under environmental review to evaluate any potential environmental impacts of the proposed action items in the Housing Element including housing program changes and potential rezones. A draft EIR will be completed and available for public review in Summer 2007. (See the Housing Element EIR webpage for more information).

Why does the Housing Element propose to rezone 62 acres of county land to a residential density of 16-20 units per acre?

The county has adequate residentially zoned land to accommodate the county's RHNA allocation of 6,064 units. However, the land is not zoned at densities that could accommodate the units required in the very low, low, and moderate income categories. Building affordable units at low densities is not economically feasible as this requires very high levels of subsidy. Higher densities spread the cost of development across a greater number of units, which makes very low and low income units in projects more economically feasible. Therefore, the state has required the county to rezone a minimum of 62 acres to higher densities to ensure adequate zoning is in place to support all affordability levels. Developers and financers of affordable housing generally agree that densities of 16-20 units per acre are preferred for very low and low income housing. All of the parcels proposed to be rezoned are within urban areas in the county's jurisdiction.

How were the Housing Opportunity Sites proposed to be considered for rezoning to increased residential density selected?

First, a vacant and underdeveloped parcel inventory was created using the CountyAssessor's database and GIS mapping technology. Other sites were proposed by community members. Sites outside the existing urban boundaries were eliminated in order to focus future growth into areas in proximity to existing water and sewer districts. Next, sites which were overly constrained by biological resources or physical constraints were eliminated. These included sites constrained bysteep slopes, geologic, fire or flood hazards, and those significantly constrained by endangered species habitat. Finally, those remaining sites in proximity to transit routes, schools, commercial and retail centers, parks and recreation and employment centers were selected as candidate housing sites. Following this evaluation, communities evaluated sites through various forums and the list of potential sites was further refined. In the Winter of 2005-2006, the County Planning Commission, in public hearings, considered all of the potential sites and determined which of the sites should be evaluated in the environmental impact report (EIR). They identified 10 sites in the north county to be analyzed inthe Housing Element EIR. Additional sites in the south county and Santa Ynez may be identified as alternative sites, and analyzed in the EIR. Finally, the Board of Supervisors will consider the findings of the EIR, Planning Commission recommendations, and public comment before making a final determination on which sites will be rezoned to increased residential densities. These hearings are expected to take place in Winter 2008.

How will the proposed policy changes in the Housing Element affect land uses in the County?

The changes will allow for higher density housing on some residential and commercial parcels. Higher densities will be achieved through reduced open space on specific parcels, the construction of buildings closer to streets and to each other on specific parcels, and potentially reduced parking requirements. These changes make it more feasible for landowners to develop housing projects that include a percentage of units that can be sold or rented to the very low and low income households in our communities.

How will compatibility issues be addressed if new development is built at higher densities than existing neighborhoods?

The proposed densities being considered for rezoned sites (16-20 units/acre) would allow construction of two- or three-story wood frame homes similar in scale to existing housing. Communities can also achieve higher densities by filling in the existing developed areas with second units, duplexes, and conversion of underutilized commercial buildings to residential uses. For specific projects, compatibility can be achieved through competent design and review of the site layout and the structures themselves. "Compatible with" does not mean that the new development will be exactly the same as existing development. The Housing Element includes a Neighborhood Compatibility Policy (Policy 5.1) with guidelines for achieving compatibility with surrounding development.

Will all housing on rezone sites be affordable?

No, county policy requires that in projects that involve five or more net new units, 20%-30% of the units are to be affordable. Developers also can pay a fee to avoid building affordable units. However, higher density housing is generally more affordable at all income levels.

What about traffic and parking issues in higher density development?

Well-designed "compact" development near public transit and services actually generates fewer auto trips per unit than traditional low density single-family development. This means fewer cars on the road as residents of compact development tend to drive less and walk more. Studies show that as a project becomes twice as "compact", residents drive 20 - 30% less. Residents of compact development also tend to own fewer cars and need less parking. The problem of an overabundance of cars parked in residential neighborhoods is often a consequence of overcrowding - a direct result of the housing shortage. However, the county parking requirements will be applied to compact development as they would any other type of development, with exceptions for projects that can demonstrate a reduced need for parking. These could include projects for seniors or projects with good access to public transportation.The environmental analysis for the Action Phase of the Housing Element will examine potential traffic impacts from the policy changes and rezones and identify mitigation measures and alternatives. The traffic and parking impacts of individual developments will also continue to be reviewed on a project-by-project basis.

Do higher densities lead to increased crime?

No. No study has ever established a link between increases in crime and housing density. In fact, density and good design can enhance safety in a neighborhood by ensuring visibility and creating a sense of community through natural interactions and shared spaces.

How will service constraints to development be addressed?

The county has met with local water and sanitary districts to discuss their ability to provide service to increased residential development. Water and sanitary constraints also will be thoroughly examined in the environmental analysis for the Action Phase of the Housing Element.

Does the Housing Element contain policies that apply to housing on rural land or lands zones for agriculture?

Some housing-related policies for rural lands are specifically addressed in the Housing Element under Policy 1.6 and Policy 2.2. Other housing-related policy revisions to the County's agricultural zoning ordinance have been proposed as part of the Uniform Rules Update. Both the Housing Element and the Uniform Rules are currently in the process of environmental review and will contain analysis regarding the potential impacts of these housing policies on rural lands and the agricultural sector.

How do the policies in the Housing Element affect rural agricultural land, the San Marcos foothills, and the Gaviota Coast?

The county has and continues to limit development on rural agricultural land, the San Marcos foothills, and the Gaviota Coast. Two of the guiding principles used in developing the policies in the Housing Element were to 1) protect rural agricultural land and 2) use remaining vacant and underdeveloped land efficiently by encouraging mixed use and infill development in the existing urban areas of the county.

Will the Housing Element policy changes affect the whole county?

Yes, all parts of unincorporated Santa Barbara County will be subject to the same policy changes.

Other Components of the Housing Element

What do some of the terms used in the Housing Element mean?

Infill Development: Building homes, businesses, and public facilities on vacant and underutilized land within existing urban areas.

Mixed Use: Development that includes more than one type of use on a single site. An example is commercial and residential uses in a shopping center.

Affordable Housing: The state defines affordable housing as housing that can be purchased or rented by households whose gross annual household income does not exceed 120% of Area Median Income (AMI), adjusted for household size. Because of the very high cost of housing in our community, Santa Barbara County expands this to include households with income up to 200% of AMI. This housing may be subject to a covenant or deed restriction that restricts sales price or rent for a given period of time. This is referred to as "price-restricted" affordable housing. Other types of housing such as second units, some rental apartments, and farm employee housing may be affordable to households whose gross annual household income does not exceed 120% of AMI without restrictive covenants. This housing is often referred to as "affordable by design". If the rents for these units are documented at the time they are permitted they can be counted toward the county's regional housing needs allocation as affordable.
Workforce Housing: Santa BarbaraCounty added this category of households earning 121 to 200% of Area Median Income (AMI) who also cannot afford market rate housing due to very high area home prices.
Discretionary Incentives: Some of the county's proposed programs include incentives available to developers for building specified amounts and/or types of affordable housing. Some of these incentives are automatically applied to projects and others are discretionary. Discretionary incentives require decision maker approval as part of the development review process.
Overpayment: When a household spends more than 30% of household income on housing costs including rent and utilities for renters or principal, interest, and insurance for owners. Households that pay more than 50% of their gross income for housing are severely overpaying. (State and federal housing agencies definitions of overpayment vary between 25 and 30% as the threshold for overpayment.) In the unincorporated area of the county, 38.9% of households overpaid and 18.4 % severely overpaid for housing as of the 2000 census.

What is Area Median Income?

The Area Median Income (AMI) is the median household income by household size in the county. The AMI for a household of four in Santa BarbaraCounty is updated annually by the federal Department of Housing and Urban Development (HUD) and is adopted by the state Department of Housing and Community Development (SHCD). The entire county, including the cities and the unincorporated area use the same AMI. AMI does not specify the number of people in a household who could be wage earners. For example, a four person household could include two wage earners supporting two children or one single parent wage earner with three children.An adjustment factor is used to calculate the AMI for different household sizes. The AMI for 2006 by household size is as follows:

Area Median Income for 2006
Santa BarbaraCounty
Household Size	Area Median Income
1	$46,050
2	$52,650
3	$59,200
4	$65,800
5 or more	$71,050

Affordable housing is classified into four categories based on the percent of the AMI a household earns. These categories are very low, low, moderate, and workforce. The AMI is used to calculate the maximum allowable income to qualify for affordable housing in each income category per state law. For 2006 these are (2007 data will be released in March 2007):

Maximum Allowable Household Incomes for 2006
(by household size and income category)
Household Size	Very Low	Low	Moderate	Workforce
Household Size	(0-50%)	(above 50-80%)	(above 80-120%)	(above 120-200%)
1	$23,050	$36,850	$55,250	$92,100
2	$26,300	$42,100	$63,150	$105,300
3	$29,600	$47,400	$71,050	$118,450
4	$32,900	$52,650	$78,950	$130,600
5 or more	$35,550	$56,850	$85,300	$142,150

What is "fast track" permit processing?

The fast track permit process is designed to help facilitate projects that include a large number of units at affordable prices or rents or for persons with disabilities through a streamlined permit review and approval process. Priority is given to fast track projects and the development review process is made faster through a more comprehensive pre-application review and completion of environmental review "in-house," or through a consultant from a pre-qualified list. Fast track permitting is available to projects that participate in the Density Bonus, Special Needs Housing, Rental Housing, and Homeless Facilities Programs.

Does the Housing Element include incentives to build rental apartment projects?

Housing Element Development Standard 1.7.1 provides direct incentives for 100% rental housing projects. With regard to fee-offsets or credits as a mechanism to encourage rental projects, Long Range Planning does not provide impact fee assessments or process calculations. Rather, our general plan amendments section does analyze the relationship of those fees to the market environment and make recommendations as to future actions to be taken by the Department of Planning and Development.

Affordable Housing Programs

Who manages affordable housing?

Santa Barbara County's Housing and Community Development Department (CHCD) is responsible for monitoring all resales, refinances, and transfers of ownership of homes sold under the county's Affordable Housing Program. CHCD also monitors the homes to make sure that they are owner-occupied and are not illegally rented out by the owner. Affordable homes offered for rent are notmanaged by the county. Eachhousing development has a private management companyto ensure that tenants maintain the property in accordance with the rules and regulations established by the owner of the project. Similarly, affordable housing units included in for-sale projects are subject to the conditions, covenants, and restrictions (CC&R's) of the development, which are established and enforced by a private homeowner's association.

Why doesn't the county's Inclusionary Housing Program require projects to pay fees for all affordable units rather than requiring some to be built on-site?

The county's Inclusionary Housing Program was updated in November 2004. The program encourages developers to pay fees in lieu of making a percentage of units in the project affordable to very low and low income households. The program also encourages developers to meet moderate and workforce income requirements by building these units onsite. This system is in place because almost all of the affordable housing subsidies available are for very low and low income units. The county's Housing and Community Development Department (CHCD) has been very successful in leveraging in-lieu fees to obtain other funding and build affordable housing. Since 1994 the county has used $1.2 million in fees to leverage an additional $15.7 million and built 164 new housing units. The vast majority of these units are affordable to very low and low income households because almost all of the housing subsidies available for affordable housing are targeted toward these groups. Because minimal subsidies are available for moderate and workforce income households CHCD would not be as effective in producing these units using in-lieu fees. This is why county policy encourages these units to be built on-site.

How does the county ensure that units remain affordable?

Affordable units developed under the county's Inclusionary and Density Bonus Programs are "price restricted". New for-sale price restricted units are subject to covenants that require they remain affordable for a minimum of 45 years. If a unit is resold before the 45 year period ends this period restarts at 45 years for a maximum of 90 years.Rental units that are price restricted are also subject to covenants that require they remain affordable for 45 years. Rental unit policies are also in place so that at the end of the 45 year period the county will, whenever feasible, reinstate the affordability provisions by buying down the cost of the rental units using in-lieu housing funds, federal and state loans and grants, and other county or private funds.

How can policy makers and the public assess the success of the County's affordable housing programs (the State Density Bonus Program, the Inclusionary Housing Policy and In-Lieu Fee, and the Affordable Housing Overlay)?

County staff is currently working to establish the causal relationships between the County's affordable housing programs, and to determine the on-the-ground results of these programs to date. These efforts are coordinated between the Office of Long Range Planning, the Housing and Community Development Department and the Planning and Development Department to ensure that the relationships between policy, processing, and implementation/enforcement are understood, properly analyzed, and enforced. County decision makers and staff will consider revisions to all of the County's affordable housing programs in the next Housing Element update cycle (2009-2014).

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