Measure SP Neighborhood Preservation, Local Control Information Page

The Housing Element is one of several State-required ‘elements’ or chapters that comprise the City’s General Plan which includes goals, policies, and programs to meet the existing and projected housing needs for the community during the eight-year planning period, currently from 2021 through 2029. The Housing Element provides an analysis of the City’s existing population, economic, and housing stock characteristics, in addition to a historical review of the policies that led to the current demographics of the City.

RHNA stands for the Regional Housing Needs Allocation. The RHNA number originates in Sacramento, with the state determining how many housing units will be needed in the planning period (2021-2029). Those numbers are then distributed among regional agencies across the state, which then assign the units to local cities and counties. The Southern California Association of Governments (SCAG) is the regional agency that assigned South Pasadena its RHNA obligation.

The City’s RHNA obligation is 2,067 units, and can be found on the Southern California Association of Governments’ website at the following link: https://scag.ca.gov/sites/main/files/file-attachments/6th-cycle-rhna-proposed-final-allocation-plan.pdf?1614911196. The 2,067 unit allocation consists of 757 very low income units, 398 low income units, and 334 moderate income units, and 578 moderate units (otherwise referred to as market rate units).

While there are several reasons why the City received a RHNA obligation of 2,067 units, a main reason for the high number is the City’s A Line station. State and regional leaders want to see more housing built near transportation and services, which is different from how the RHNA was handled in the past. For example, in the 2014-2021 housing cycle, South Pasadena only needed to plan for 63 units; however, in the 2021-2029 housing cycle, the City must plan for 2,775 units (the 2,067 units required by RHNA plus a 708 unit buffer required by the Department of Housing and Community Development). The City has adopted zoning code amendments that would accommodate this planned growth in areas near transit and commercial services in support of creating a pedestrian-oriented environment where residents do not have to depend on an automobile to complete their daily trips.

The City is required to plan for the projected growth, with the assumption that private sector developers will build the units. The City’s Housing Element, which is part of the City’s General Plan, contains the necessary housing programs and strategies to accommodate the forecasted growth. The City has increased zoning densities in multi-family zones, adopted the Downtown Specific Plan, and implemented the Housing Opportunity Overlay zone in an effort to plan for its RHNA obligation as well as provide for housing opportunities, including affordable housing for individuals, middle and working class families, and seniors. The City is also looking at how the development review process can be streamlined and what barriers can be removed in order to support the production of housing.

Based on input from residents as part of the General Plan adoption process, future units are planned to be located in existing commercial and mixed-use areas and along arterial corridors that have access to shopping, services, and public transportation. However, as a result of a Court Order, the City was required to look beyond the downtown area to accommodate the planned growth. This required the City to increase densities in multi-family zones across the City and to create the Housing Opportunity Overlay in key areas in the Ostrich Farm and along Huntington Drive. See the links below.

Some members of the community have voiced support to develop the golf course with housing, while others want to see the open space preserved. Both the Housing Element and General Plan seek to preserve the City’s existing parks and open space. Given this goal, the City has taken measures to direct the projected growth in commercial and mixed-areas (such as the Housing Opportunity Overlay zone and Mixed-Use Overlay zone) and areas zoned Residential Medium (RM) (up to 30 dwelling units per acre) and Residential High (RH) (up to 45 dwelling units per acre), preserving the City’s parks and open space for future generations.

The City is required to plan and create zoning that would allow for the housing units—the City is not required to build the housing units. Private sector developers will build housing units taking into consideration various factors such as the economy, interest rates, etc. Notwithstanding, stated simply, the City does not have enough vacant land to accommodate its RHNA obligation. The City of South Pasadena is approximately 3.5 square miles in size and is essentially built out. With no vacant land to work with, the City had to figure out ways to absorb the planned growth in areas that were already developed. Growth will be focused in the downtown area and along established arterial corridors, and this means that additional building height is required in these areas.

The impacts associated with the planned growth were analyzed when the Housing Element and General Plan/Downtown Specific Plan were adopted in 2023. If all of the 2,067 units were to be built and occupied, that would result in between 6,800-6,900 additional City residents, and this population growth would affect the community. That is the reality. While feasible mitigation measures exist for certain impacts, such as fees for schools, sewers, and public safety, the fact is that more people will call South Pasadena home and more people will use local services and resources. This will result in impacts that cannot be mitigated to a level of insignificance, including impacts to aesthetics, air quality, cultural resources, greenhouse gas emissions, and noise. These impacts were documented in the Statement of Overriding Considerations that was adopted in September 2023, as part of the General Plan/Downtown Specific Plan approval process.

Currently, if a property owner decides to redevelop a property to take advantage of the higher residential density allowed under the General Plan, there is the potential for residents to be displaced. To address the potential displacement of residents, the City adopted Housing Element Goal #6 (Expand and strengthen tenant protections for South Pasadena’s existing renters). Several Housing Element programs support this goal, including Program 6.b (Right to Return), Program 6.c (Relocation Assistance), and Program 6.d (Rent Stabilization). While these programs have not yet been implemented, they are included in the Housing Element, are a priority for the City, and address the issue of tenant displacement.

The intent of having taller buildings is to accommodate more housing units in support of the City’s RHNA obligation. In multi-family residential zones such as the Residential Medium (RM) and Residential High (RH) zones, buildings would be exclusively residential. Buildings in the Housing Opportunity Overlay zone would be entirely residential because they would be located in areas zoned RM or RH, residential zones where commercial uses are either not permitted or are strictly regulated. In the Downtown Specific Plan area and the Mixed-Use Overlay zones, buildings could be either 100% residential or they could be mixed use in nature. A mixed use building typically has active ground-level uses such as retail, commercial, entertainment, or office uses, with flexible space behind or above the ground-floor businesses that could be used for office space or residential units. Due to market forces and the need for businesses to have access to customers, commercial uses are seldom located above the third floor even if the building is in a commercial zone. The City’s development code requires that certain mixed-use buildings dedicate at least 50% of their floor area to residential uses, encouraging an active and engaging street scene with residential units above. The City could also adopt development standards that would limit the height of non-residential buildings while specifically allowing extra height for residential projects.

The City has a 45-foot building height limit. If a developer proposes to build affordable housing units, additional height may be achieved through the State’s Density Bonus program. While additional height is an incentive to encourage affordable housing production, the State also requires cities to have development standards in place that allow for a property’s base zoning density to be built. Areas within the Downtown Specific Plan, the Mixed Use Core/Mixed Use Overlay zones, along with the Housing Opportunity Overlay zone, have a base density of 70 units per acre. Since that density cannot be accommodated in a 45-foot tall building, the City was required by the Department of Housing and Community Development (HCD) to include a program that would ask the voters of South Pasadena to increase the height limit in those areas where higher residential density is allowed (Housing Element Program 2.n). The City was also sued by Californians for Homeownership for non-compliance with State law for failing to have adopted a compliant housing element by October 15, 2021. The parties entered into a Stipulated Judgement (Court Order) which committed the City to adopt a housing element no later than May 31, 2023, which it did so. The Court Order also required the City to ask the voters of South Pasadena to increase the height limit in those areas where higher residential density is allowed.

If the 45-foot height limit is not increased for the higher density residential areas, the City will need comply with the Court Order and Program 2.n and undertake a housing element amendment that will spread the current high density units across the City as mandated by the Department of Housing and Community Development (HCD). This will be time consuming and expensive. If the amendment is not completed within the time frame of the Court Order, the City could be exposed to Builder’s Remedy proposals, which allow for residential projects that do not conform to the City’s General Plan or Municipal Code, which will mean buildings higher than 45 feet. The City will lose any local control it would have had vis-à-vis the ballot measure to increase the maximum height limit in those areas where higher residential density is allowed, which would improve housing opportunities, including affordable housing, for individuals, middle and working class families and seniors.

No. The City was required to adopt a compliant Housing Element by October 15, 2021. The City did not meet that deadline and was the subject of a lawsuit that compelled the City to adopt its Housing Element by May 31, 2023, and the City is now subject to a Court Order. The Court Order requires the City to ask the voters of South Pasadena to increase the height limit in those areas where higher density is currently allowed.  The Housing Element recognizes this obligation by the adoption of Program 2.n.  The City’s Housing Element was certified by the State on July 29, 2024. This is an important achievement because without a certified Housing Element the City would continue to be at risk for Builder’s Remedy proposals, which could allow for residential projects that do not conform to the City’s General Plan or Municipal Code, which could mean buildings higher than 45 feet.

As part of the City’s General Plan update which included the Downtown Specific Plan, South Pasadena residents supported future growth in the downtown area where services and transportation was available. The ballot measure would allow the City to retain local land use control to determine where additional building height makes the most sense in the City in areas where the Housing Element calls for higher density (in excess of 50 dwelling units per acre). This is important for the future production of housing, including affordable units, units for middle class families, as well as housing opportunities for seniors and individuals. The City’s Inclusionary Housing Ordinance requires any multi-family building with ten units or more to provide affordable housing units. As projects are built, affordable units will come onto the market. These will be deed-restricted units, which is something the City does not currently have.

A. Yes. The City has an adopted Housing Element which was certified by the State on July 29, 2024. State policy has aggressively introduced consequences to cities that do not achieve certification. The consequences include fines up to $600,000 a month, loss of access to grant funding (for programs like homeless services and street repairs), loss of local permitting control (Beverly Hills recently suspended issuing bathroom renovation permits) and opening the City up to Builder’s Remedy Applications. Builder’s Remedy Applications enable a developer to bypass local rules, including the height limits in the City so long as the building has 20% affordable units or 100% moderate-income units.

In April 2022 the City was sued by a non-profit legal advocacy firm, Californians for Homeownership, for failure to adopt a Housing Element on time. The City settled the lawsuit in August 2022 and agreed to adopt the Housing Element by May 31, 2023, which would contain a program to bring a ballot measure to the voters to revise or repeal the height limit in certain areas of the City. Violation of the settlement terms will reopen this litigation.

A. If voters do not support putting more height along specific areas like the Downtown Specific Plan area, Ostrich Farm area, and Huntington Drive, the City will have to identify additional residential neighborhoods for rezoning to achieve the capacity required by the State. If the City fails to do that, it risks losing certification for the Housing Element, which will trigger negative impacts on the City and community such as Builder’s Remedy cases and loss of local control.

Several lawsuits have already been filed by cities attempting to fight back to retain local control and rules regarding housing development. In nearly all cases, the Courts have sided with the State and arguments by cities have generally failed. Legal counsel has advised the City Council that legal pathways to fighting the state are expensive and highly unlikely to succeed given the body of law in this area and similar recent court decisions. Now that the Housing Element has been certified, the City’s primary objective is to implement the policies contained in the State-certified Housing Element and support housing production in the City, including affordable units.

No. The goal is to target and limit height, at a higher level, in certain zones within the city where the base density is in excess of 50 dwelling units per acre including the Downtown, Ostrich Farm and Huntington Drive areas. The maps of the areas being considered for height can be found on this Ballot Measure SP webpage, www.southpasadenaca.gov/ballotmeasure. Should voters approve the Ballot Measure, staff would need to revise the Downtown Specific Plan, Mixed Use Overlay zone and Housing Opportunity Overlay zone. Staff would work with consultants on height modeling to determine the appropriate building height to achieve the densities in those areas.

The City supports the production of affordable housing units and has taken steps to ensure that affordable units will be built. The City adopted an Inclusionary Housing Ordinance that requires any project with ten or more units to dedicate a portion of the units as affordable. Affordability is also a function of market forces and having more available units on the market—both affordable and market-rate units—typically results in a more stable leasing environment as well providing options for a variety of housing types. 

As more multi-family projects with ten units or more are built, more affordable units will come onto the market due to the City’s Inclusionary Housing requirements. These will be deed-restricted units, which is something the City does not currently have.