15 Attachment 14 - Partial Interim Working Draft Response Table
December 1, 2023, HCD Comments on the Draft Revised Housing Element with Staff Responses, Interim Draft
Comment
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HCD Comment Response
#1a. Affirmatively further[ing] fair housing in accordance with
Chapter 15 (commencing with Section 8899.50) of Division
1 of Title 2…shall include an assessment of fair housing in
the jurisdiction. (Gov. Code, § 65583, subd.
(c)(10)(A).)
Promote and affirmatively further fair housing
opportunities and promote housing throughout the
community or communities for all persons regardless of
race, religion, sex, marital status, ancestry, national origin,
color, familial status, or disability, and other
characteristics... (Gov. Code, § 65583, subd. (c)(5).)
Income and Racial Concentration Area of Affluence (RCAA):
The element now includes actions to promote an inclusive
community; however, the element must provide specific
analysis of income and RCAA at a regional level (town
compared to the broader region) to better formulate
appropriate policies and programs. The analysis should at
least address trends, conditions, coincidence with other fair
housing factors (e.g., race, highest resource, overpayment),
effectiveness or absence of past strategies (e.g., lack of
publicly assisted housing and lack of multifamily zoning), local
data and knowledge and other relevant factors.
Work on addressing this comment is still underway and has not been
completed at this time, pending a scheduled discussion with HCD on December
13, 2023.
#1b. Contributing Factors to Fair Housing Issues:
Based on a complete analysis, the element should re-assess
and prioritize contributing factors to fair housing issues. For
example, the Town is wholly a RCAA, highest resource and
highest median incomes in contrast to the rest of the region. As a result, fair housing issues such as the lack of affordable
housing and segregation from the rest of the region should be
a high priority.
Work on addressing this comment is still underway and has not been
completed at this time. Revisions to Appendix A will include a modified
analysis and re-assessed priorities.
#1c. Goals and Actions:
As noted above, the element must include a complete analysis
of affirmatively furthering fair housing (AFFH). The element
must be revised to add goals and actions based on the
outcomes of a complete analysis.
Work on addressing this comment is still underway and has not been
completed at this time. Revisions to the Draft Revised Housing Element will
include new actions to promote housing mobility and increased housing
choices and affordability within the Town.
ATTACHMENT 14
Comment
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HCD Comment Response
In addition, while the element includes some actions toward
AFFH and enhancing housing mobility (e.g., choices and
affordability), actions should be added, numeric targets
should be increased, and geographic targeting should be
finetuned to better promote inclusive neighborhoods
throughout the Town. This is particularly important since over
80 percent of the lower-income regional housing need
allocation (RHNA) is isolated in two census tracts. As noted in
HCD’s prior review and the assessment of fair housing, the
Town is wholly a racially concentrated area of affluence,
highest resource and highest median incomes in contrast to the rest of the region.
These conditions and circumstances warrant significant and
robust actions (not limited to the RHNA) to promote housing
mobility and increasing housing choices and affordability
throughout the Town, including lower-density neighborhoods.
Actions should be added and revised with aggressive numeric
targets and geographic targets throughout the Town,
including lower-density neighborhoods. Examples include
creating more housing choices and affordability in single-
family neighborhoods beyond complying with law (e.g., SB 9,
ADUs) such as missing middle housing types, targeting
affordable housing funding, homesharing, more than one unit
of converted space within a single-family structure, increased
multifamily capacity, enhanced efforts on religious
institutional sites and other alternative land use and financing
strategies.
#2a. An inventory of land suitable and available for residential
development, including vacant sites and sites having realistic
and demonstrated potential for redevelopment during the
planning period to meet the locality’s housing need for a
designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov.
Code, § 65583, subd. (a)(3).)
Identify actions that will be taken to make sites available
during the planning period with appropriate zoning and
development standards and with services and facilities to
accommodate that portion of the city’s or county’s share of
Work on addressing this comment is still underway and has not been
completed at this time. Revisions to the Draft Revised Housing Element will
include expressed interest from property owners in development of a site as a
single parcel, whereas the current conditions reflect multiple parcels,
describing a sites common access to parking, and a site’s shape which makes it conducive to redevelopment as a single site.
Comment
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HCD Comment Response
the regional housing need for each income level that could not
be accommodated on sites identified in the inventory… (Gov.
Code, § 65583, subd. (c)(1).)
Small Sites:
The element identifies several sites with parcels less than a
half- acre (p. D-13) that have common ownership and, in
some cases, expressed interest to redevelop the site. For small
sites with expressed interest in redevelopment, the element
should clarify that the expressed interest is also in
consolidating the sites. For the remaining sites (Sites D-2 and D-5), the element should explain the circumstances leading to
the potential for consolidation such as necessity to
consolidate due to access, feasibility, shape, or site planning
flexibility. Based on the outcomes of this analysis, the element
should add or modify Program K (Lot Consolidation) to further
promote lot consolidation, if appropriate.
#2b.
Electronic Sites Inventory:
For your information, while the Town has submitted an
electronic sites inventory as part of this submittal, pursuant to
Government Code section 65583.3, the Town must submit an
electronic sites inventory with its adopted housing element.
Please see HCD’s housing element webpage at
https://www.hcd.ca.gov/planning-andcommunity-
development/housing-elements for a copy of the form and
instructions. The Town can reach out to HCD at
sitesinventory@hcd.ca.gov for technical assistance.
N/A
#2c. Adequate Sites Programs:
As noted in the prior review, if necessary to make appropriate
zoning available to accommodate the lower-income RHNA,
programs must be revised to meet all requirements pursuant
to Government Code section 65583.2, subdivisions (c), (h) and
(i). The element includes Programs D (Program By Right
Zoning Text Amendment to Accommodate RHNA), AR
(General Plan Amendment) and AS (Adequate Sites for
Housing) to address these requirements. With respect to sites
identified in prior planning periods, the element meets
statutory requirements, but these actions must be completed
by January 31, 2024. With respect to a shortfall of adequate
sites to accommodate the lower-income RHNA, the element
Work on addressing this comment is still underway and has not been
completed at this time, pending a scheduled discussion with HCD on December
13, 2023.
Comment
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HCD Comment Response
includes Programs AR and AS. However, the Programs commit
to the appropriate zoning given the rezoning occurs after the
statutory deadline of January 31, 2023. HCD understands the
Town completed the rezoning after the statutory deadline
and, therefore, the rezoning must meet all by right
requirements pursuant to Government Code section 65583.2,
subdivisions (h) and (i). Based on a cursory review, the
rezoning does not appear to meet these requirements. As a
result, these programs must clearly commit to meet all by-
right requirements by January 31, 2024.
In addition, please be aware, the recent California appellate
decision in Martinez v. City of Clovis found that while overlays
can be used in a rezone, when the base zone allows residential
development, both the base zone and the overlay zone must
comply with the minimum density requirements of
Government Code section 65583.2, subdivision (h). The Town
may need to adjust its rezoning strategy if the underlying
zoning for sites that will be rezoned allows minimum densities
less than 20 dwelling units per acre. Martinez v. City of Clovis
(2023) 90 Cal.App.5th 193, 307 Cal.Rptr.3d 64.
#3a.
An analysis of potential and actual governmental constraints
upon the maintenance, improvement, or development of
housing for all income levels, including the types of housing
identified in paragraph (1) of subdivision (c), and for persons
with disabilities as identified in the analysis pursuant to
paragraph (7), including land use controls, building codes and
their enforcement, site improvements, fees and other
exactions required of developers, and local processing and
permit procedures... (Gov. Code, § 65583, subd. (a)(5).)
Address and, where appropriate and legally possible, remove
governmental and nongovernmental constraints to the
maintenance, improvement, and development of housing, including housing for all income levels and housing for persons
with disabilities…(Gov. Code, § 65583, subd. (c)(3).)
Land Use Controls:
HCD’s prior review found that the Town must list and evaluate
development standards in the North Forty Specific Plan and
High Density Residential and Commercial designation. In
Work on addressing this comment is still underway and has not been
completed at this time. Revisions to the Draft Revised Housing Element will
include further analysis of the development standards and their impact on
development, and whether additional policies or programs will be required as
a way to incentivize a project to propose a higher density.
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HCD Comment Response
response, the Town has now listed development standards by
each zoning district but should also analyze those
development standards for impacts on housing supply and
cost and most importantly, the ability to encourage maximum
densities without exceptions. For example, lot coverages,
heights, and setbacks in the Multifamily Residential (RM)
zone; and lot coverage heights and guest parking
requirements in the North Forty Specific Plan could be
constraints. Based on the outcomes of a complete analysis,
the element should add or modify programs to include specific
commitment to review and revise these development standards as necessary.
#3b. Local Processing and Permit Procedures:
The element now discusses decision-making bodies and lists
approval findings for the Architecture and Site Application.
However, the element should also analyze these processes to
better inform programs to address identified constraint. For
example, the element mentions the decision-making body
depends on the scope of the application. The element should
explain the scope, resulting decision-making body and impacts
on approval timing and certainty. In addition, the element lists
approval findings and concludes some findings may be
constraints then modifies Program AQ (Zoning Code
Amendments) to amend approval findings (considerations).
But the element should discuss which approval findings may be
constraints to better inform implementation of Program AQ.
Work on addressing this comment is still underway and has not been
completed at this time. Revisions to the Draft Revised Housing Element will
include analysis of the approval findings pursuant to Town Code and whether
additional policies or programs will be required as a result.
#3c. Programs: As noted above, the element requires a complete
analysis of potential governmental constraints. Depending
upon the results of that analysis, the Town may need to revise
or add programs and address and remove or mitigate any
identified constraints. In addition, programs should be revised,
as follows:
• Program D (Additional Capacity for the North Forty Specific
Plan): The Program should also commit to establish or
modify development standards to facilitate achieving
maximum densities, regardless of the level of affordability
and should specify to either remove the unit cap or increase
the unit cap to allow maximum build out of each parcel,
including State Density Bonus Law or other circumstances
Work on addressing this comment is still underway and has not been
completed at this time. Revisions to the Draft Revised Housing Element will
include the suggestions outlined for each Implementation Program, in addition
to a scheduled discussion with HCD on December 13, 2023, specific to
Implementation Program AW.
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HCD Comment Response
that might warrant increasing allowable densities.
• Program V (Housing opportunities for Persons living with
Disabilities): Given the importance of promoting housing
access for persons with disabilities, the Program could be
modified with a date earlier in the planning period (e.g., by
December 2024).
• Program AA (Reduce Parking Standards): The Program
currently commits to “Initiate a study to determine specific
updates…” While initiating a study and making a determination are important steps by themselves, these
actions do not result in outcomes. The Program should
clearly commit to amending the municipal code. For
example, the Program could commit to: “Initiate a study
and outreach, including with developers, and amend the
Municipal Code, as follows:…”
• Program AQ (Zoning Code Amendments): The Program
commits to apply the Housing Element Overlay Zone (HEOZ)
to identified sites and modify development standards. HCD
understands this action has been completed. Based on a
cursory review of the Town’s Ordinance 2347, some
development standards such as heights may be a constraint
on achieving maximum densities. As a result, this Program
should commit to monitor and evaluate these development
standards, including outreach with the development
community, and making adjustments, as appropriate, by a
specified date.
• Program AW (Story Poles and Netting Policy): While the
Program now commits to revise Story Poles and Netting
Policy Requirements; these requirements are constraints
and impact housing costs; supply (number of units) and
approval certainty and should be removed or replaced with
cost effective measures to promote certainty for the
developers and the community. Further, the element
should evaluate the effectiveness of any future
requirements or measures, and making adjustments, as
necessary, by a specified date (e.g., by 2028).
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HCD Comment Response
#4 Develop a plan that incentivizes and promotes the creation of
accessory dwelling units that can be offered at affordable
rent... (Gov. Code, § 65583, subd. (c)(7).)
Program Q Accessory Dwelling Units (ADU): While the
Program now commits to amend the ADU Ordinance, it must
also commit to establish incentives such as modifying
development standards (e.g., heights), pursuing funding;
waiving fees beyond ADU law; proactive marketing and
establishing points of contact to ease permitting processes. In
addition, the Program commits to monitor production and
affordability of ADUs annually but should also commit to
making adjustments by a specified date (e.g., within six
months) if production and affordability are not meeting
assumptions. Further, the Program should clearly commit to
options beyond incentives such as rezoning if production and
affordability far differs from assumptions.
Work on addressing this comment is still underway and has not been
completed at this time. Revisions to the Draft Revised Housing Element will
include modified language regarding monitoring and additional incentives for ADU’s if the future ADU production amounts decrease.
#5 Local governments shall make a diligent effort to achieve
public participation of all economic segments of the
community in the development of the Housing Element, and
the element shall describe this effort. (Gov. Code, § 65583,
subd. (c)(9).)
Public participation in the development, adoption and
implementation of the housing element is essential to
effective housing planning. Throughout the housing element
process, the Town 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. 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. HCD particularly encourages the Town to
continue engaging commenters on this review. These
comments contained valuable insights that can result in a
more effective housing elements, especially related to
Work on addressing this comment is still underway and has not been
completed at this time.
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HCD Comment Response
programs and specific commitment. HCD’s future reviews will
continue to consider the extent to which the revised element
documents how the Town solicited, considered, and
addressed public comments in the element. The Town’s
consideration of public comments must not be limited by
HCD’s findings in this review letter.
Note For your information, pursuant to Assembly Bill 1398 (Chapter
358, Statutes of 2021), as the Town failed to adopt a
compliant housing element within 120 days of the statutory
deadline (January 31, 2023); programs to rezone and make
prior identified sites available or address a shortfall of capacity
to accommodate the RHNA (e.g., Program D: Program By Right
Zoning Text Amendment to Accommodate RHNA, Program AR:
General Plan Amendment, Program AS: Sites Previously
Identified) must be completed no later than one year from the
statutory deadline. Otherwise, the local government’s housing
element will no longer comply with State Housing Element
Law, and HCD may revoke its finding of substantial compliance
pursuant to Government Code section 65585, subdivision (i).
N/A