HomeMy WebLinkAboutCupertino HE - certificationFrom:Jauregui, Jose @HCD
To:Benjamin Fu
Cc:Cynthia Walsh; Luke Connolly; Piu Ghosh (she/her); Coy, Melinda@HCD
Subject:City of Cupertino Housing Element
Date:Wednesday, April 10, 2024 2:18:26 PM
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scl-cupertino-draft-out-041024.pdf
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Hello Benjamin,
Please see the attached HCD findings letter for the City of Cupertino Subsequent Draft Housing
Element. We appreciate your teams teamwork throughout the entire review process. Let me know if
you any questions.
Warm regards,
Jose A. Jauregui he / him
Housing Policy Analyst
Housing Policy Development
Housing & Community Development
2020 W. El Camino Avenue, Suite 500 | Sacramento, CA 95833
Cell: (916) 820-1516
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
April 10, 2024
Benjamin Fu, Director
Department of Community Development
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Dear Benjamin Fu:
RE: City of Cupertino’s 6th Cycle (2023-2031) Revised Draft Housing Element
Thank you for submitting the City of Cupertino’s (City) revised draft housing element
update received for review on February 27,2024 along with revisions received on
March 28, 2024. Pursuant to Government Code section 65585, subdivision (b), the
California Department of Housing and Community Development (HCD) is reporting the
results of its review. Our review was facilitated by conversations in February 2024 and
March 2024 with Luke Connolly, Piu Gosh, and the City’s consultant. In addition, HCD
considered comments from Lisa Warren, and Building industry Association pursuant to
Government Code section 65585, subdivision (c).
HCD is pleased to find the revised draft housing element meets the statutory
requirements of State Housing Element Law (Gov. Code, § 65580 et seq.). However,
the housing element cannot be found in substantial compliance until the City has
completed necessary rezones to address the shortfall of sites to accommodate the
regional housing needs allocation (RHNA) pursuant to Assembly Bill 1398 (Chapter
358, Statutes of 2021) as described below. The housing element will comply with State
Housing Element Law (Article 10.6 of the Gov. Code) when it is adopted, submitted to
and approved by HCD, in accordance with Government Code section 65585.
Pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), a jurisdiction that failed
to adopt a compliant housing element within one year from the statutory deadline
cannot be found in compliance until rezones to accommodate a shortfall of sites
pursuant to Government Code section 65583, subdivision (c), paragraph (1),
subparagraph (A) and Government Code section 65583.2, subdivision (c) are
completed. As this year has passed and Program 1.3.2 (Rezoning to Achieve RHNA)
has not been completed, the housing element is out of compliance and will remain out
of compliance until the rezoning have been completed.
Benjamin Fu, Director
Page 2
For your information, if the housing element relies upon nonvacant sites to
accommodate more than 50 percent of the RHNA for lower-income households, the
housing element must demonstrate that the existing use is not an impediment to
additional residential development in the planning period (Gov. Code, § 65583.2,
subd. (g)(2).). This can be demonstrated by providing substantial evidence that the
existing use is likely to be discontinued during the planning period (Gov. Code,
§ 65583.2, subd. (g)(2).). Absent findings (e.g., adoption resolution) based on
substantial evidence, the existing uses will be presumed to impede additional residential
development and will not be utilized toward demonstrating adequate sites to
accommodate the regional housing need allocation (RHNA). The City must make these
findings as part of its adoption resolution. Please see HCD’s Guidance memo (p. 27) for
additional information: https://www.hcd.ca.gov/community-development/housing-
element/housing-element-memos/docs/sites_inventory_memo_final06102020.pdf.
Public participation in the development, adoption and implementation of the housing
element is essential to effective housing planning. Throughout the housing element
process, the City must continue to engage the community, including organizations that
represent lower-income and special needs households, by making information regularly
available while considering and incorporating comments where appropriate. Please be
aware, any revisions to the element must be posted on the local government’s website
and to email a link to all individuals and organizations that have previously requested
notices relating to the local government’s housing element at least seven days before
submitting to HCD.
As a reminder, pursuant to Government Code section 65583.3, the City must submit an
electronic sites inventory with its adopted housing element. The City must utilize
standards, forms, and definitions adopted by HCD. Please see HCD’s housing element
webpage at https://www.hcd.ca.gov/planning-and-community-development/housing-
elements for a copy of the form and instructions. The City can reach out to HCD at
sitesinventory@hcd.ca.gov for technical assistance.
Several federal, state, and regional funding programs consider housing element
compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill
(SB) 1 Sustainable Communities grant, the Affordable Housing and Sustainable
Communities programs, and HCD’s Permanent Local Housing Allocation consider
housing element compliance and/or annual reporting requirements pursuant to
Government Code section 65400. With a compliant housing element, the City meets
housing element requirements for these and other funding sources.
For your information, some general plan element updates are triggered by housing
element adoption. HCD reminds the City to consider timing provisions and welcomes
the opportunity to provide assistance. For information, please see the Technical
Advisories issued by the Governor’s Office of Planning and Research at:
https://www.opr.ca.gov/planning/general-plan/guidelines.html.
Benjamin Fu, Director
Page 3
We are committed to assisting the City in addressing all statutory requirements of State
Housing Element Law. If you have any questions or need additional technical
assistance, please contact Jose Armando Jauregui, of our staff, at
Jose.Jauregui@hcd.ca.gov.
Sincerely,
Melinda Coy
Proactive Housing Accountability Chief