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HomeMy WebLinkAbout8.1 GPA 09-14 Housing Element Update & Neg Dec G~~~ pF DU~~ u~ ~ STAFF REPORT 1 `~~~%Z PLANNING COMMISSION `~C~~ /l IFOR DATE: February 9, 2010 TO: Planning Commission SUBJECT: PUBLIC HEARING: General Plan Amendment for the 2009-2014 Housing Element Update and Negative Declaration Report prepared by Mamie R. Waffle, Senior Planner EXECUTIVE SUMMARY: The State of California requires that the City Council adopt a comprehensive, long-term General Plan for the physical development of the City. The Housing Element is one of seven mandated Elements of the General Plan and must address the existing and projected housing needs for all economic segments of the community. State law requires that Housing Elements be updated and certified every 5 years. The City of Dublin has contracted with Veronica Tam & Associates to assist Staff in updating the City's Housing Element. The draft 2009-2014 Housing Element has been reviewed by the State of California Department of Housing and Community Development and revised to address their comments. The draft Housing Element is ready for certification following adoption by the City Council. The updated Housing Element and draft Negative Declaration will be presented to the Planning Commission for review and recommendation to the City Council. The City Council will consider the Planning Commission's recommendation and take action on the General Plan Amendment for the updated Housing Element and draft Negative Declaration. RECOMMENDATION: Staff recommends that the Planning Commission: 1) Receive Staff presentation; 2) Open the public hearing; 3) Take testimony from the public; 4) Close the public hearing and deliberate; 5) Adopt a Resolution recommending City Council .adoption of a Negative Declaration for the 2009- 2014 Housing Element update; and, 6) Adopt a Resolution recommending City Council approval of a General Plan Amendment for the 2009-2014 Housing Element update. , ~ ~ ( ; ~ ~ ~ ; Submitted By: eVievired ~y Senior Planner Planning`Manager COPIES TO: ITEM NO.:_ Page 1 of 9 i G:IGeneralPlanlHousingElementlHousingElement2007lMeettng 2010 PC02.09.IOIPCSR02.09.10.doc DESCRIPTION: Background The first step in updating a local Housing Element is the adoption of the Regional Housing Needs Allocation (RHNA) by the local Council of Governments. The Association of Bay Area Governments (ABAG) is the local Council of Governments for the San Francisco Bay Area Region. In July 2007, ABAG adopted the Regional Housing Needs Allocation for all counties and cities within the San Francisco Bay Area. The Regional- Housing Needs Allocation is a process by which housing units are allocated to every county and city within the region. Every county and city must in turn plan for their assigned number of housing units in their local Housing Elements. The City of Dublin has been assigned 3,330 housing units for the planning period beginning January 1, 2007 and ending on December 31, 2014. Table 1 outlines how the 3,330 housing units are required to be distributed: Table 1. Re Tonal Housin Needs Allocation 2007-2014 No. of Units Income Level 1,092 Ve Low Income 661 Low Income 653 Moderate Income 924 Above-Moderate Income 3,330 Total In February 2008, the City entered into a Consulting Services Agreement with Veronica Tam & Associates to assist Staff in updating the Housing Element. A Joint Planning Commission/Housing Committee Study Session was held in May 2008 to kick-off the Housing Element update process. A wide range of stakeholders including housing advocates, developers and service providers were invited to the Study Session through special invitations which were mailed to each of the stakeholders. In August 2008 and September 2008 Community Workshops were held at the Dublin Library. The Housing Committee participated in the workshops along with stakeholders providing input on housing constraints and opportunities, including the Regional Housing Needs Allocation and special needs housing, as well as housing programs. After receiving input from the Housing Committee and stakeholders, Staff worked with Veronica Tam & Associates to prepare the draft 2009-2014 Housing Element. The draft Housing Element was presented at a Joint Planning Commission/Housing Committee Study Session in April 2009. In May 2009, the Planning Commission adopted Resolution 09-20 recommending that the City Council direct Staff to submit the draft 2009-2014 Housing Element to the State of California Department of Housing and Community Development (HCD) for formal review. In June 2009, the City Council adopted Resolution 79-09 directing Staff to submit the draft 2009- 2014 Housing Element to the State of California Department of Housing and Community Development (HCD) for formal review. 2of9 In August 2009, Staff received comments from HCD. The comments were minor and easily addressed by clarifying existing information contained within the draft Housing Element as further discussed below. No new policies or programs were added since the draft Housing Element was last reviewed by the Planning Commission and City Council. Staff submitted a revised Housing Element to HCD for a second round of review in September 2009. Also in August 2009, Staff began the environmental review process for the project which included preparation of an Initial Study. Upon completion of the Initial Study it was determined that a Negative Declaration should be prepared. The Initial Study/Negative Declaration was circulated for public review from December 12, 2009 to January 11, 2010. In November 2009, Staff received a letter from HCD that the draft 2009-2014 Housing Element, as revised, met the statutory requirements of State law. In order for the State to certify Dublin's Housing Element, it must first be adopted by the Dublin City Council. On January 5, 2010, an information meeting was held for property owners of land with residential land use designations. There were no attendees at this meeting. On January 21, 2010, Staff presented the revised draft Housing Element (Attachment 1) and Negative Declaration (Attachment 2) to the Housing Committee. The Housing Committee did not have any concerns and recommended that the Planning Commission recommend City Council approval of the draft Housing Element. The Planning Commission will review the 2009-2014 Housing Element update and draft Negative Declaration and make a recommendation to the City Council on a General Plan Amendment to approve the updated Housing Element. Updated Housing Element The 2009-2014 Housing Element includes the following major components: 1. Evaluation of Accomplishments: The Evaluation of Accomplishments provides a summary of programs and associated objectives adopted in the previous Housing Element and the City's efforts in meeting the objectives outlined. Also included in the Evaluation of Accomplishments is the City's effort in meeting its Regional Housing Needs Allocation (RHNA) for the previous planning period (1999-2006). The City successfully accommodated its RHNA allocation for the previous planning period and therefore no unmet need exists to be carried over into the next planning period (2007-2014). 2. Goals and Policies: The Goals and Policies for the 2009-2014 Housing Element set the framework for the Housing Programs and quantified objectives to be accomplished during the planning period. The Goals and Policies include the following categories: a. Range of Housing Types b. Housing Opportunities for Segments of the Population c. Maintain and Enhance Residential Neighborhoods d. Promote Equal Housing Opportunities e. Promote Energy EfFciency and Conversation 3. Housing Programs: The Housing Programs are specific objectives that the City will undertake in implementing the Goals and Policies noted above. Many of the Housing 3of9 Programs are a continuation of the programs adopted in the previous Housing Element. Housing Programs that are significant changes are highlighted in the Housing Programs section below. 4. Appendices: There are three Appendices to the draft Housing Element. The first is an explanation of public participation in the development of the draft Housing Element (Appendix A); the second is a review of past accomplishments from the prior Housing Element (Appendix B); and the third is a technical background report (Appendix C). The Technical Background Report includes a housing needs assessment, a housing constraints analysis and an evaluation of housing resources. The draft 2009-2014 Housing Element has similar Goals and Policies as the 1999-2006 Housing Element and incorporates those Housing Programs which proved successful during the previous planning period. One notable change in the Goals and Policies for the draft 2009-2014 Housing Element is a greater emphasis on energy efficiency and conservation. Notable changes to the Housing Programs include new programs required by State legislation (SB 2 and AB 2634). Regional Housing Needs Allocation (RHNA The Regional Housing Needs Allocation (RHNA) is a major component to the Housing Element as it sets forth the minimum number of housing units the City must plan for in order to accommodate its share of the region's projected growth. As noted above in Table 1, the Association of Bay Area Governments (ABAG) has assigned to the City of Dublin a housing unit allocation of 3,330 units for the 2009-2014 Housing Element cycle. State law requires that the City encourage, promote and facilitate the development of housing to accommodate the RHNA. The housing units allocated to the City under the RHNA are not required to be constructed within the planning period; however the City must demonstrate that adequate land is zoned to accommodate the RHNA. Based on a review of existing projects and remaining residential sites to be developed, the City is able to accommodate our RHNA. Housing Programs Many of the Housing Programs proposed in the 2009-2014 Housing Element are continuations of successful programs from the previous Housing Element cycle. The specific objectives proposed for each of the Housing Programs have been based on past performance. For example, if the City assisted with 25 minor home repairs through the Alameda County Major and Minor Home Improvement Program during the last Housing Element cycle, an objective of facilitating 25 minor home repairs for the next planning period has been set. The specific objectives are also based on projected development. For example, one of the objectives is to develop 100 mixed-use high density residential units; the AMB or Avalon II projects would achieve this objective. In accordance with State law, five new Housing Programs have been incorporated into the draft Housing Element. These Housing Programs would require that the Zoning Ordinance be amended within one year of the City Council adopting the Housing Element. The Zoning Ordinance is not automatically amended with the adoption of the Housing Element but would require follow-up action by the City Council as described below. 1. Reasonable Accommodation -This program. provides relief to persons with disabilities seeking to make modifications to their homes for accessibility purposes. Certain development standards such as setbacks may need to be relaxed in order to ensure that 4 of 9 persons with disabilities are able to enjoy their homes like other residents. Additionally, the Zoning Ordinance definition for "family" has been identified as a potential constraint on housing for persons with disabilities and is required to be amended to eliminate any reference to the number of individuals that can comprise a housekeeping unit. Actions to be taken include: i. Adopt a formal ministerial process for persons with disabilities to seek relief from the strict or literal application of development standards. ii. Amend the Zoning Ordinance definition of "family". 2. Emergency Shelters - An Emergency Shelter is a year-round shelter for the homeless. The Zoning Ordinance currently allows Emergency Shelters in all Commercial and Industrial Zoning Districts with approval of a Conditional Use Permit. Recent changes to State Law (SB 2) now require that Emergency Shelters be permitted by-right in at least one Zoning District. The M-1, Light Industrial Zoning District has been chosen. The shelter is only required to accommodate Dublin's homeless population which has been estimated to be 20 persons. Actions to be taken include: i Amend the Zoning Ordinance to permit Emergency Shelters by-right in the M-1, Light Industrial Zoning District and remove them from all other Commercial and Industrial Zoning Districts. 3. Transitional Housing -Transitional Housing is similar to a rental housing development but limits the length of time that occupants can live there. The length of stay can vary but must be at least 6 months. The Zoning Ordinance currently allows for Transitional Housing in the R-2 and R-M Zoning Districts with approval of a Conditional Use Permit. Recent changes to State law (SB 2) require that Transitional Housing be considered a residential use subject only to those restrictions that apply to other residential uses of the same type in the same zone. The Zoning Ordinance would be amended as follows: i. Transitional housing facilities that operate as group housing would be subject to the City's permitting requirements for Community Care Facilities. ii. Transitional housing facilities that are regular housing would be permitted where similar housing is permitted. 4. Supportive Housing -Supportive Housing is occupied by a target population as defined in the Health and Safety Code and includes low income persons with mental disabilities, AIDS, substance abuse or chronic health conditions and has no limit on the length of stay. The housing is linked to services to meet the needs of the residents and could be located on-site or off-site. The Zoning Ordinance does not currently address Supportive Housing. Recent changes to State Law (SB 2) now require that local jurisdictions allow Supportive Housing. The Zoning Ordinance would be amended as follows: i. Supportive housing facilities that operate as group housing would be subject to the City's permitting requirements for Community Care Facilities. ii. Supportive housing facilities that are regular housing would be permitted where similar housing is permitted. 5of9 5. Single Room Occupancy Units (SRO's) -Single Room Occupancy Units are one-room units which are not required to have a kitchen or bathroom and are intended for occupancy by a single individual. The Zoning Ordinance does not currently address SRO's. Recent changes to State Law (AB 2634) now require that local jurisdictions allow SRO's. The Zoning Ordinance would be amended as follows: i. SRO's would be allowed in the C-2, General Commercial Zoning District with approval of a Conditional Use Permit. Review by the State of California Department of Housing and Community Development lHCD) Staff submitted the draft Housing Element to HCD for review in June 2009. State law provides that HCD has 60 days in which to respond to local jurisdictions with comments on draft Housing Elements. In August 2009, Staff received HCD's comment letter. The State commended the City on our efforts in providing affordable housing and implementing transit-oriented development at the Dublin Transit Center (adjacent to the existing Dublin/Pleasanton BART Station). The State also found Dublin's commitment in establishing a Green Building Program particularly noteworthy. In order to comply with State Housing Element Law, a few changes were required to the draft Housing Element. The changes focused on clarifying and further expanding upon information already contained in the draft Housing Element and did not require any substantive changes. Sites Inventory (Attachment 1, pages C-65 to C-72) The State asked that Staff provide the following information regarding the sites inventory: 1) A map that identified the location of vacant or underdeveloped parcels designated for residential uses. 2) The minimum residential density permitted on vacant or underdeveloped parcels designated for residential uses. 3) Clarify the existing use of vacant or underdeveloped parcels designated for residential uses taking into consideration their potential for development within the planning period (2007-2014). 4) A list of approved projects in the Medium-High Density land use category to demonstrate that affordable housing is possible on Medium-High Density sites. Governmental Constraints (Attachment 1, pages C-32 to C-54) The State asked that Staff provide the following information regarding governmental constraints: 1) Clarify the Site Development Review and Planned Development Zoning processes as it relates to residential development. 2) Revise the estimated typical fees for single family and multi-family .housing developments. 3) Discuss the Inclusionary Zoning Regulations as a constraint to the development of affordable housing. 6of9 Housing Programs (Attachment 1, pages 8-22) The State asked that Staff provide the following information regarding housing programs: 1) Clarify the process by which Dublin will accommodate Transitional Housing and Supportive Housing in compliance with Senate Bill 2. Staff submitted a revised draft Housing Element in September 2009 and received a letter from HCD in November 2009 indicating that the revised Housing Element addressed their comments as outlined in the August 2009 letter. The revised Housing Element will comply with State Housing Element Law upon adoption by the City Council and submission to HCD for certification. NOTICING REQUIREMENTS/PUBLIC OUTREACH: .Eight public meetings and workshops have been held to date on the draft Housing Element. The first public meeting was a Joint Study Session with the Planning Commission and Housing Committee on May 13, 2008. Two community workshops followed on August 21, 2008 and September 18, 2008. Six to seven individuals .attended each of the community workshops and provided input on the draft Housing Element. These individuals represented the development community, service providers, housing advocates, residents and property owners. The fourth public meeting was a Joint Study Session with the Planning Commission and Housing Committee on April 28, 2009. On May 12, 2009 Staff presented the draft Housing Element to the Planning Commission. The Planning Commission adopted a Resolution recommending that the City Council direct Staff to submit the draft Housing Element to the State for formal review. On June 2, 2009, the City Council reviewed the draft Housing Element and adopted a Resolution directing Staff to submit the document to the State for formal review. These two meetings were the fifth and sixth public meetings on the draft Housing Element. The seventh public meeting was held on January 5, 2010 for property owners of land with residential land use designations. There were no attendees at this meeting. The eighth public meeting on the draft Housing Element was held on January 21, 2010 before the Housing Committee. There were no members of the public at this meeting. A public hearing notice advertising the February 9, 2010 Planning Commission meeting was mailed to all stakeholders and interested parties including service providers, developers, property owners, housing advocates and community workshop participants. Additionally, the Planning Commission meeting was advertised in the Valley Times and the public hearing notice was posted in four locations within the City including the Senior Center, Library, Civic Center Kiosk and City Hall. ENVIRONMENTAL REVIEW: The California Environmental Quality Act (CEQA), together with the State guidelines and City environmental regulations require that certain projects be reviewed for environmental impacts and when applicable, environmental documents prepared. In accordance with CEQA, updated Housing Element's are also subject to environmental review. An Initial Study/Negative Declaration has been prepared and was circulated for public review from December 12, 2009 to January 11, 2010. 7 of 9 Two comment letters were received on the Negative Declaration; one from the California Department of Transportation (Cal Trans) and the other from the Livermore/Amador Valley Transportation Authority (LAVTA). The letter provided by Cal Trans included comments regarding: locating housing, jobs and services near mass transit; facilitating walking and biking as alternative modes of travel; establishing quality of service measures for pedestrian, bicycling and transit performance such as Travel Demand Management; and, analyzing impacts to pedestrians and bicyclists in order to ensure on-going access to transit facilities. In the response to comment letter prepared by the City (Attachment 3), the City acknowledged Cal Trans' comment and further explained that the City has historically planned high density housing and jobs near major transit facilities. These efforts have included the Dublin Transit Center and the West Dublin BART Specific Plan, both adjacent to existing BART stations or BART stations under construction. The City has also planned for high density housing and major employment nodes along Dublin Boulevard, Central Parkway and others which are accessible to BART by existing bus routes. The proposed Housing Element continues this trend of locating additional housing near regional and local transportation corridors. The response to comment letter further explained that the development of pedestrian, bicycling and transit performance service measures to assess projects is beyond the scope of the proposed Housing Element. With respect to any secondary impacts of the project on pedestrian and bicycle safety, no such impacts were identified in the Initial Study but can be considered by the City when individual, site-specific housing projects that implement the updated Housing Element are reviewed by the City. The letter provided by LAVTA included comments regarding: adding a transit specific support policy to Housing Element Goal A.1 and site specific traffic analyses that emphasize alternative transportation mitigation options and the potential for mixed use to achieve automobile trip reductions. In the response to comment letter prepared by the City (Attachment 3), the City acknowledges the comments provided by LAVTA and further explained, as described above, the City's history in planning high density housing and jobs near major. transit facilities. CONCLUSION: The draft 2009-2014 Housing Element has been prepared in accordance with State law and represents a comprehensive planning document that establishes specific goals, policies and programs to meet the housing needs of current and future residents of Dublin. Having a certified Housing Element demonstrates the City's commitment to providing housing that meets the needs of all segments of the community and also creates opportunities for the City to secure grant funding through State programs. The Planning Commission is currently requested to review a General Plan Amendment for the 2009-2014 Housing Element update and Negative Declaration. The Planning Commission's recommendation will be presented to the City Council for consideration in March 2010. Should the City Council decide to approve the proposed General Plan Amendment to update the Housing Element and adopt the Negative Declaration, Staff would submit the adopted Housing Element to HCD for formal certification and commence implementation of the Housing Programs 8 of 9 contained within the Housing Element. The first step in implementing the Housing Programs would be to amend the Zoning Ordinance as noted in this Staff Report. ATTACHMENTS: 1) Draft 2009-2014 Housing Element, dated November 2009. 2) Initial Study/Negative Declaration for the draft 2009- 2014 Housing Element, dated December 2009. 3) Response to Comments on the draft Negative Declaration. 4) Resolution recommending City Council adoption of a Negative Declaration for the 2009-2014 Housing Element update with draft City Council Resolution attached as Exhibit A. 5) Resolution recommending City Council approval of a General Plan Amendment for the 2009-2014 Housing Element update with draft City Council Resolution attached as Exhibit A. 9of9