Ojai May Reject State Housing Plan

Requirements to allow 433 units by 2014 seen as threat to air quality, water

By Nao Braverman
The City Council determined Tuesday night that with Ojai’s small town character and quality of life at stake, they would consider opposing the state’s housing mandates.
The Regional Housing Needs Assessment requires that Ventura County must allow for the construction of 28,481 units to be built by 2014, with 433 being in Ojai. Six of those have already been constructed but many vocal residents and council members agree that a daunting 426 new units would be far more than Ojai’s air quality and infrastructure can handle.
“It is imprudent, even disingenuous to submit a plan that encourages a density that is counter to the city’s General Plan” said Ojai resident Jim Jackson. At least seven residents echoed his concerns, and added that they feared the deterioration of local water infrastructure, air quality and disaster preparedness.
“What if we don’t accommodate those RHNA numbers?” asked Mayor Sue Horgan.
Though the city itself is not required to build the 400 plus units, it would not be able to deny developers the right to build them.
Generally a city’s plan is evaluated by the State Department of Housing and Community Development and is eventually granted approval. Some cities do not receive approval and thus certify themselves, said city attorney Monte Widders. In that case a city must defend its plan if challenged in court, without backing from the state. That does not exempt a city from formulating a plan to accommodate those new units, it only means that the city did not get approval for its plan from the State Department of Housing and Community Development, Widders clarified.
Council members then inquired about what would happen if the city decided not accommodate such a huge number.
City manager Jerre Kersnar along with Widders agreed to investigate the possible legal ramifications if Ojai decided not to make room for the 426 new units mandated by the state.
City consultant Tom Figg had earlier stated that about 10 percent of California cities are not in compliance with housing mandates. Another approx-imately 11 percent are in the process or not yet due for evaluation.
“Some of these communities are non-compliant by not having adopted or updated a Housing Element in compliance with applicable deadlines or have chosen to self-certify,” he said.
Among those are Goleta, Pismo Beach, Grover Beach and Atascadero. The latter two are in the process of trying to become certified, according to Figg. Grover Beach let its housing elements to lapse, because it lacked financial resources and had more pressing priorities to attend to. Pismo Beach lacked available and affordable land, he said. Both noted the lack of access to grants but neither had any legal pressure to immediately adopt a Housing Element.
Mayor Horgan asked city staff to investigate more cities that were out of compliance and find out if there were any documented consequences.
One of the negative impacts, according to Widders, is that the city would lose access to some housing related state grants. But council members noted that the city had never taken advantage of such grants during its years of compliance with housing mandates.
Though the council and community members were skeptical of whether local water purveyors could handle an influx of 426 new units, Widders and Figg confirmed that both Golden State Water and the Casitas Municipal Water District had certified water management plans that indicated they could provide water for Ojai residents at full build-out for the next 30 years.
Figg agreed that the data collected by both water companies could be interpreted differently. But as the state had, in the past year, approved water management plans for both Ojai’s primary water purveyors indicating the capacity to provide water for a potential 426 additional dwellings, it would be hard to argue the contrary.
Were the city to adopt the Housing Element proposed by Figg, some additional options could be a Split Home Program and an Amnesty Program.
The suggested Split Home Program would allow some large home owners on large units to split their homes into two units, to add to the unit count without additional development. The Amnesty Program would allow owners of illegal units to legalize their property with incentives.
Council members were divided in their comments but all were at least willing to look into not complying with the state’s mandates, after the legal ramifications had been thoroughly considered.
Councilwoman Rae Hanstad, Councilwoman Carol Smith and Councilman Steve Olsen said they were willing to try the Amnesty Program. Hanstad was concerned about the ability to maintain the local water quality. Smith was eager to move forward saying she was more concerned about protecting Ojai from being taken over by million dollar condominiums than water. Horgan was strictly against the Amnesty Program and clearly opposed to the Housing Element entirely.
“I’m just waiting anxiously to see what happens,” said Mayor Pro Tem Joe DeVito.
Council members agreed to wait until staff returned to them with more information on the legal ramifications of not having a certified Housing Element that accommodates 426 new units. The meeting concluded in celebration of community member Rose Boggs’ 80th birthday.