CC, PC, HC 04-27-2021 Item No. 1 Housing Element Study Session_Staff Presentation4/27/2021
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Joint City Council/Planning
Commission/Housing
Commission
Housing Element Study
Session
April 27, 2021
Joint City Council/Planning
Commission/Housing
Commission
Housing Element Study
Session
April 27, 2021
Agenda
•Welcome and Introductions
•Housing Element Structure and Required
Sections
•RHNA Methodology and Allocation Process
•New Requirements and Resources
•Timeline, Process and Next Steps
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Introductions:
Baird and Driskell Community
Planning
Joshua Abrams
Paul Peninger
•Small, Bay Area firm
specializing in assisting
local cities.
•Staff to the Santa Clara
County Planning
Collaborative.
Santa Clara County Planning
Collaborative
I. Support Excellent Housing Policy
II. Save Jurisdictions Time and Resources
III. Respect Local Autonomy
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What is a Housing Element?
1)Required element of the
General Plan
2)Updated every 8 years
3)Plan for accommodating
housing needs for all
segments of the
community
4)Once in a decade
opportunity to think
about and create local
housing strategies
Structure of the Housing Element
1)Public Participation
2)Reviewing Previous Element
3)Housing Needs
4)Government and Non-
Governmental Constraints
5)Sites Inventory and Analysis
6)Goals, Programs and Policies
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Typical Process
1)Outreach and Engagement (occurs
throughout)
2)Research & Data Gathering
3)Draft Plan
4)Planning Commission and Council
Review
5)State HCD Review of Plan
6)Revise Plan (As Needed)
7)Local adoption
8)State Certification
DRAFT Housing Element
Timeline for Cupertino
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What’s New? New State Laws
AB 1397 –More Scrutiny for Non-vacant Sites
•Difficult to use small (less than 0.5 acre) and large (10 acres or more)
sites
•Reused sites designated for lower income housing must permit ‘by right’
approval.”
AB 686 – Affirmatively Furthering Fair Housing
•Study housing demographics more thoroughly
•Ensure that public engagement reaches all segments of the community
•Plan so that sites designated for lower income housing or upzoned are
not disproportionately put in low-income communities of color
•Develop policies and programs that advance equity
What’s New? Resources
Regional Housing Technical Assistance Program
(REAP)
Two key regional tools already in development:
Housing Needs Data Packets: MTC/ABAG staff is developing
data packets that will assist local planning staff with completion
of Housing Element “Housing Needs” section.
Housing Element Site Selection Tool: To support local planning
staff with completion of Housing Element "Site Inventory and
Analysis" section, MTC/ABAG staff is developing web-based
tool to guide jurisdictions in identifying potential sites that align
with state requirements as well as regional and local priorities.
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I. Public Participation
1.Start before Housing Element update formally
begins and continue throughout all parts of
update process
2.Involve all segments of community
3.Summarize and describe how public input was
considered and incorporated into Housing
Element
I. Public Participation: What’s
New
Consistent with Affirmatively Furthering Fair Housing,
update should incorporate meaningful engagement that
represents all segments of community into development of
housing element, including goals and actions.
Example HCD Comment:
“Public participation in the development, adoption and implementation of the
housing element is essential to effective housing planning…the City should continue
to engage the community, including organizations that represent lower-income and
special needs households, by making information regularly available and considering
and incorporating comments where appropriate.”
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II. Review and Revise
1.Describe Progress in Implementation
2.Analyze the Effectiveness of the Element
3.What was learned? What will be changed
or Adjusted?
III. Housing Needs
1.Quantification and Assessment of
Needs
2.Include an Analysis of Special Housing
Needs, for example:
•Elderly
•Persons with disabilities
•Female headed households
•Homeless persons and families
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III. Housing Needs: What’s New
Needs Assessment must address fair housing issues more
comprehensively. In addition to fair housing enforcement data,
Element must include, at minimum:
•Integration and segregation patterns and trends
•Racially or ethnically concentrated areas of poverty
•Disparities in access to opportunity
•Disproportionate housing needs within the jurisdiction, including displacement
risk
Example HCD Comment:
“For all analysis categories (e.g., segregation and integration, racially and ethnically
concentrated areas of poverty, disparities in access to opportunities and
disproportionate housing needs), discuss patterns and trends relative to the region.
For example, (X City) largely does not appear to reflect socio-economic patterns of
(X Region) region.”
IV. Analysis of Actual and Potential
Governmental and Non-
Governmental Constraints
1.Non-Governmental Constraints include:
•Availability of financing
•Price of land
•Cost of Construction
2.Governmental Constraints Include:
•Land use controls
•Local processing and permit procedures
•Building codes and enforcement
•On and off-site improvement requirements
•Fees and exactions
•Locally-adopted ordinances that affect costs and supply of housing
(e.g., Inclusionary ordinance)
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IV. Constraints: What’s New?
In recent comment letters, increased HCD focus on
detailed analysis of constraints. For example:
“Land-Use Controls: The element identifies various land use controls, including
zoning, overlays, development standards. However, the element must also include
an analysis of the impacts of these land use controls on the cost, supply, timing
and approval certainty of development. This analysis must specifically evaluate
land use controls individually and cumulatively for impacts, including the ability to
achieve maximum densities without exceptions (e.g., variance, conditional use,
density bonus law). For example, the analysis should address heights, setbacks, lot
coverage and parking garage requirements. Finally, the element must include
programs to address and remove or mitigate identified constraints.”
V. Sites Inventory and Analysis
1.Document progress
•List number of pending, approved or permitted units by
income group based on actual or anticipated sales prices and
rents since beginning of projection period.
2.Analyze capacity of sites to accommodate RHNA,
including analysis of environmental and infrastructure
constraints.
3.Identify sites with appropriate densities to
Accommodate RHNA for Lower-income Households.
•For Cupertino, 20 Dwelling Units/Acre.
4.Identify alternative ways to meet RHNA (e.g. ADUs).
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V. Sites Inventory and Analysis,
What’s New?
1.Address Affirmatively Furthering Fair Housing in
sites analysis
2.Nonvacant Sites Analysis: greater rigor and scrutiny
applied to non-vacant sites proposed to meeting
RHNA
3.If nonvacant sites accommodate 50 percent or
more of lower-income RHNA, demonstrate
existing use is not an impediment to additional
development
Draft Regional Housing Needs
Allocation (RHNA)
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Draft Regional Housing Needs
Allocation (RHNA)
RHNA Statutory Requirements
1.Increase housing supply and mix of housing types, tenure and
affordability in all cities and counties in an equitable manner
2.Promote infill development and socioeconomic equity,
protect environmental and agricultural resources, encourage efficient
development patterns and achieve greenhouse gas emissions
reduction targets
3.Promote improved intraregional jobs-housing relationship,
including balance between low-wage jobs and affordable housing
4.Balance disproportionate household income distributions
(more high-income RHNA to lower-income areas and vice-versa)
5.Affirmatively further fair housing
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RHNA: Update on Process
•April 2021: As required by law, in letter dated April 12, 2021, HCD
confirmed that ABAG’s Draft RHNA Methodology furthers RHNA objectives
Major milestones in coming months include:
•Late Spring 2021: ABAG will adopt Final RHNA Methodology and release
Draft Allocations.
•Summer and Fall 2021: release of Draft Allocations kicks off period in
which local jurisdictions or HCD can submit appeal to ABAG requesting
change to any Bay Area jurisdiction’s allocation.
•Late 2021:ABAG Executive Board will adopt Final Allocations, taking into
consideration results of appeals process. This final adoption will also include
public hearing.
Links:
https://abag.ca.gov/sites/default/files/documents/2021-02/ABAG_Draft_RHNA_Methodology_Report_2023-2031.pdf
https://abag.ca.gov/sites/default/files/documents/2021-
04/ABAG_RHNA_Methodology_HCDFindings_April_12_2021.pdf
1.Methodology did not follow the rules
2.(Maybe) the methodology was not implemented
correctly
3.Significant unforeseen event
•65584.05(b)(1): The council of governments failed to adequately consider the information
regarding the factors listed in subdivision (e) of section 65584.04.
•65584.05(b)(2): The council of governments failed to determine the share of the regional housing
need in a manner that furthers the intent of the objectives listed in subdivision (d) of section
65584.
•65584.05(b)(3): A significant unforeseen change in circumstances occurred in the local
jurisdiction that merits a revision of the information submitted pursuant to subdivision (e) of
Section 65584.04.
Appeals Options
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•“Several (jurisdictions) cite the lack of land suitable for
development as a basis for the appeal…(however) even
communities that view themselves as built out must plan for
housing through means such as rezoning commercial areas as
mixed-use areas and upzoning non-vacant land…”
Appeals Criteria Excerpt
Next Meeting: Programs and Policies
•Before next meeting on 5/11, consider these best practice
examples and come prepared to discuss model programs or
policies that might be suitable for Cupertino.
•Are there specific housing strategies that would make sense
for Cupertino?
https://www.hcd.ca.gov/community-development/award-
winning.shtml
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Questions / Feedback
Joshua Abrams
Abrams@bdplanning.com
Paul Peninger
peninger@bdplanning.com
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