CC, PC, HC 05-11-2021 Item No. 1 Housing Element Study Session_Staff Presentation5/11/2021
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Joint City Council/Planning
Commission/Housing
Commission
Housing Element Study
Session
May 11, 2021
Joint City Council/Planning
Commission/Housing
Commission
Housing Element Study
Session
May 11, 2021
Agenda
•Welcome and Introductions
•Review of Study Session #1
•Overview of Housing Element
•Timeline
•Programs and Policies
•Adequate housing sites
•Other programs and policies
•Best Practices
•Discussion
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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
Review: 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.Opportunity to create
local housing
strategies
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Review: 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
Housing Element Timeline
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Program and Policies Section
Goals
Objectives
Strategies
Policies/Programs
Activities
-Timeline
-Assigned Roles
-Quantified Outcomes
Required Programs and Policies
1.Programs to provide Adequate Sites
2.Programs to Assist Lower-Income Housing
Development
3.Programs to Address Housing Constraints
4.Programs to Conserve and Improve the
Housing Stock
5.Programs to Affirmatively Further Fair Housing
6.Programs to Preserve ”at risk” Units
7.Programs for ADUs/Second Units
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1. Adequate Sites Policies and
Programs
Higher RHNA to
Plan for than in
Past Period
Appeals Process
to Initiate Soon
1. Sites Policies/Programs
Address difficult to develop sites/ adopt
strategies for…
“Non-Vacant” Sites
Currently Occupied Mixed-Use Sites (e.g.
existing underutilized office and retail)
Small (less than .5 Acres) and Large (more
than 10 Acres) Sites
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Non-Vacant Sites
•Sites with an existing use
(broadly defined)
•Often underutilized
commercial sites
•Analysis: show why the
existing uses don’t
constitute an
impediment to lower-
income housing
development
Non-Vacant Sites - Possible Strategies
Identify and target specific financial
resources
Allow streamlined or “by right”
development application processing
Adjust development standards as
appropriate
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Mixed-Use Sites
Sites zoned for more
than one use,
including housing
Analysis: show how
housing is
possible/feasible in
planning period
Mixed-Use Sites: Possible
Incentives
Relax/Adjust development standards for
mixed use development projects that include
an affordable housing component
Allow higher building intensities, reduced
parking requirements, reduced set-back and
yard requirements, increased building height,
and greater floor area ratios
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Small Sites (less than .5 Acres)
•Small size can be an impediment
to lower-income housing
development.
•Must accommodate at least 16
total units
•Analysis : show how sites can be
used during planning period by
example or through policies like
site consolidation
Small Sites: Possible Strategies
Adopt graduated density policy where allowed density is
increased as site size increases
Defer fees specifically for consolidation
Expedite permit processing
Provide flexible development standards such as setback
requirements
Reduce parking requirements
Dedicate resources for development of affordable housing
Increase allowable density, lot coverage or floor area ratio
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Sites: Program for Sites Identified in
Previous Housing Elements
Vacant sites, identified in both of the previous
two Housing Element updates (cycles 4 and 5),
must be developable “by right” if used to
accommodate lower income housing
Non-vacant sites identified in the current (5th
cycle) Housing Element will need to be rezoned
to be developable “by right”
Sites: No Net Loss
No Net Loss Law (Government Code section 65863)
requires adequate sites be maintained throughout
the planning period
If a housing development project is proposed on a
site designated for lower income housing where
fewer lower income units are proposed than shown
then….
Demonstrate that adequate sites remain to
accommodate the City’s lower income needs
If there are inadequate remaining sites, upzone
another site within 180 days
Build in a buffer to address this! 30% is common
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Sites: Program to Accommodate
Shortfall of Adequate Sites
Program to rezone sufficient sites within three
years to accommodate RHNA at all income
levels.
If City completes zoning after adoption of
Housing Element, sites designated for lower
income housing will need to permit “by right”
development.
However, “by right” zoning is not required if
rezoning is completed in advance of housing
element adoption
2. Programs to Assist Development
of Lower-Income Housing
Financial assistance for developers of
affordable housing,
Regulatory policies to facilitate and streamline
development for housing serving lower-income
households.
Current Cupertino policies include allowing
waivers for park land dedication and BMR fees for
affordable housing units, as a financial incentive
to developers.
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3. Programs to Address Constraints
Governmental Constraibnts, for
example:
•Regulatory and process constraints
•Infrastructure Constraints
•Constraint to Special Needs Housing
Non-Governmental Constraints, for
example:
•Market and financial feasibility constraints
•Land Costs
•Environmental Constraints
4. Programs to Conserve and
Improve the Housing Stock
Maintenance and Repair Programs
Acquisition and Rehabilitation of
Existing Rental Housing
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5. Programs to Affirmatively Further
Fair Housing
New Guidance just released:
https://www.hcd.ca.gov/community-
development/affh/docs/affh_document_final_4-27-
2021.pdf#page=7
Ensure that that new housing is not
disproportionately put in low-income communities
of color
Identify suitable sites for low-income housing in high
opportunity areas
AFFH Data Viewer for Cupertino
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6. Programs to Preserve Units at Risk
of Conversion
97 Units with expiring rental
restrictions/covenants in next 10 + years
Staff working to identify financial and other
policies to help preserve them
7. Programs to Incentivize Accessory
Dwelling Units
Financial incentives
Regulatory/Process
Incentives
Programs to
encourage lower-
and moderate-
income ADU
production City of Imperial Beach, CA Housing Element, 2020
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Best Practices
Regulatory and Process Improvements
Funding Policies and Programs
Best Practices:
Improve the
Approvals Process
City of San Diego Housing Element, 2020
Streamline the approval
process
Allow flexibility
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Best Practices: Streamline the
Approval Process
Provide streamlined permitting review processes
for affordable housing.
For example, the City of San Diego has adopted a
program that provides that 100% affordable
housing will be processed a certain percentage
faster or “Expressed,” without additional express
processing fees
https://www.sandiego.gov/sites/default/files/dsdi
b538.pdf
Best Practice: Allow Flexibility
Encourage mixed-use development
Establish minimum density requirements
Remove or significantly increasing building
height restrictions in designated Priority
Development Areas
Limit requirement for ground-floor retail to key
nodes, and allow for residential uses on the
ground floor in certain locations within
designated Priority Development Areas
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Best Practices: Funding Policies
and Programs
Consider Augmenting Local Housing Sources such
as….
Private-Sector/Employer donations/support for
specific programs
Transient occupancy tax (requires two thirds
vote)
Real estate transfer tax (requires two thirds vote)
General obligation bond (requires two thirds
vote)
County and/or other public sector agency
funding
Best Practices: Funding Policies
and Programs
Potential Uses:
Land Assembly
Affordable Developer NOFA
Examples:
Cupertino’s existing BMR NOFA process
Pasadena land assembly program adopted by
through which the city issues RFPs for the
acquisition of sites for lower-income housing
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Questions / Feedback
Joshua Abrams
Abrams@bdplanning.com
Paul Peninger
peninger@bdplanning.com
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