its Housing Element to the ….

its Housing Element to the State for approval. Without a Statecertified Housing Element, the consequences could be “devastating” to the city, according to Smittle.

First, Seal Beach would be referred to the State attorney general for failing to follow the law, since the Housing Element is required by the legislature.

According to Smittle, a number of cities are facing lawsuits from housing groups for not properly planning for new housing.

Then would come the financial losses. The city could face fines of up to $100,000 per month—which could be increased by a court order. The city would also lose access to grant funding estimated at $2.6 million a year.

The cost is “not something [Seal Beach’s] general fund can just shoulder and continue to provide services in the same way,” Smittle said.

Seal Beach is in a uniquely difficult situation when it comes to identifying so-called “housing opportunity sites” for the Housing Element. The city is 97% built out, according to Councilmember Nathan Steele, meaning city officials have to get creative when identifying potential sites.

“We’ve been 97% built out for a long time, so when you toss in these Housing Element issues, when you start talking about housing, low income housing, market housing and the rest of this stuff, it starts to be very, very daunting,” Steele said.

In the current iteration of the draft Housing Element, all but one identified site is already used for another purpose. Leisure World’s RV Lot, which is Trust property owned by the GRF, is on that list.

During the town hall meeting, LW residents resoundingly voiced their opposition to the construction of housing in Leisure World to Seal Beach officials. Seal Beach officials, including the City Council, cannot decide to build housing in Leisure World.

“Seal Beach is not in the business of real estate development. Seal Beach does not have the constitutional authority to take property from anybody, for any reason whatsoever,” Steele assured residents.

Smittle explained that the main goal of the Housing Element is to make it easy for private property owners to build housing if they so choose.

The city is required to streamline this process, but its job stops there.

“Most of the sites [the city identified] are privately owned. The city does not control the land. That’s where our job stops,” Smittle said. “All we’re doing is the planning. It’s not our property. We do not come in and build housing on someone else’s site, and we cannot force anyone else to do it either. We just need to make it easy if someone wants to.”