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Home My WebLink About8.3 PCSR Hsng Element Update(2015-2023) OF Dp�� rn 1 a2 STAFF REPORT 19 .� PLANNING COMMISSION 0411�� DATE: October 28, 2014 TO: Planning Commission SUBJECT: PUBLIC HEARING: PLPA-2013-00031 Housing Element Update (2015- 2023) General Plan Amendment EXECUTIVE SUMMARY: The State of California requires local governments to adopt a comprehensive, long-term General Plan for the physical development of the City. The Housing Element is one of seven State-mandated elements of a 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 adopted within 120 days of January 31, 2015. The Planning Commission is being asked to review the draft 2015-2023 Housing Element and recommend City Council adoption. 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 2015- p 9 Y p 9 2023 Housing Element; and, 6) Adopt a Resolution recommending City Council adoption of the 2015-2023 Housing Element Update. i i Submitted By U keviewekVBy Senior Planner Assistant Community Development Director COPIES TO. File �.. ITEM NO.: 803 _ Page 1 of 5 DESCRIPTION: Background At the May 13, 2014 Planning Commission meeting, Staff presented the draft 2015-2023 Housing Element (Attachment 1). The Planning Commission reviewed the draft Element and adopted a Resolution recommending that the City Council direct Staff to submit the draft Element to the State Department of Housing and Community Development (HCD) for review (Attachment 2). On June 17, 2014, the City Council reviewed the draft 2015-2023 Housing Element and the Planning Commission's recommendation and adopted a Resolution directing Staff to submit the draft Element to HCD for review (Attachment 3). Staff submitted the draft Element to HCD on June 18, 2014 for a streamlined review process. HCD Streamlined Review In December 2012, the State of California Department of Housing and Community Development (HCD) published their Housing Element Update Guidance to assist local governments with a streamlined update of their Housing Elements and a streamlined review by HCD. The Update Guidance is designed to create efficiencies and clarity in the housing element update process; reduce the number and scope of housing element submittals per jurisdiction; and provide for a 60 day review with priority given to jurisdictions utilizing the streamlined review process. Staff utilized the streamlined review process and on August 18, 2014 HCD issued a determination that the draft Housing Element meets the requirements of State housing element law (Attachment 4). This means that the draft Element will be certified by the State following adoption by the City. ANALYSIS: The 2015-2023 Housing Element is substantially the same as the previous 2009-2014 Housing Element. The goals and polices remain the same and many of the programs remain unchanged (refer to Attachment 1). Some of the more notable changes to the Housing Element that occurred during the revie w process with HCD include: 1 a greater emphasis on addressing the needs of extremely low income households and persons with disabilities; 2) establishing more defined timeframes and objectives for certain programs; 3) reviewing the Density Bonus Ordinance; 4) monitoring housing development; 5) reviewing the Emergency Shelter, Transitional Housing and Supportive Housing Ordinances; and 6) monitoring development fees. A summary of programs and the more notable changes to them is provided below. The revised 2015-2023 Housing Element can be found in Attachment 5, Exhibit A. Programs 1-5: No changes were made to Programs 1 through 5. (Program 1: Housing Rehabilitation Assistance, Program 2: Housing Choice Voucher Rental Assistance Program 3: Code Enforcement, Program 4: Condominium Conversion Ordinance, and Program 5: Mixed Use Development). Program 6: Affordable Housing Developers. This existing Program recognizes that an adequate supply of affordable housing cannot be supplied by the market and therefore identifies ways that the City can support and assist in the development of affordable housing. Changes to this Program include placing an emphasis on supporting affordable housing projects that include units for extremely low income households and persons with disabilities with a goal of providing 20 affordable units for these special needs groups 2of5 by 2023. A new objective has also been added to this Program to contact developers annually to discuss affordable housing opportunities. Program 7: Density Bonuses. This existing Program supports the implementation of the City's Density Bonus Ordinance which encourages the production of affordable housing by offering density increases or other incentives such as reduced development standards or mixed-use zoning. Changes to this Program include: reviewing the current Density Bonus Ordinance for compliance with State law within 2 years of adopting the 2015-2023 Housing Element; and providing information on the City's affordable housing incentives on the City's website by mid-2015. Program 8-12: No substantial changes were made to Programs 8 through 12. (Program 8: Inclusionary Zoning, Program 9: Commercial Linkage Fee, Program 10: Housing Type and Size Variations, Program 11: First-Time Homebuyer Programs, and Program 12: Second Dwelling Units). Program 13: Homeless Assistance. This existing Program supports regional agencies and organizations that provide homeless services. Changes to this Program include a new objective to assist an average of 300 persons per year through the Community Support Grants program. Program 14: No changes were made to Program 14. (Program 14: Tri-Valley Affordable Housing Committee). Program 15: Residential Sites Inventory and RHNA Monitoring. This existing Program implements the City's Regional Housing Need Allocation (RHNA) of 2,285 units. Changes to this Program include a stronger emphasis on monitoring housing development on an on-going basis to ensure that residential projects are being proposed at appropriate densities consistent with the RHNA. Programs 16-17: No substantial changes were made to Programs 16 through 17. (Program 16: Fee Deferment or Amortization and Program 17: Universal Design Ordinance). Program 18: Emergency Shelters and Supportive and Transitional Housing. This new Program replaces Programs 21-23 of the existing Housing Element which required that the City amend the Zoning Ordinance to accommodate Emergency Shelters, Su pp ortive Housing and Transitional itional Housing. The Zoning Ordinance amendments were adopted in April 2011 consistent with the Housing Element programs for each housing type; however, HCD has identified some potential inconsistencies with State law and is requiring that these three Ordinances be re-evaluated. Specifically, the Emergency Shelters Ordinance may include some development standards that conflict with Senate v and Transitional Housing Bill 2 and some provisions of the Supportive a g Ordinances have p the potential to be misinterpreted and applied inconsistent with Senate Bill 2. Staff will review all three Ordinances within two years of adoption of the Housing Element. Program 19: Monitoring of Development Fees. This is a new Program that requires the City to monitor development fees to ensure that they are not unduly constraining the development of housing. Information on existing incentives such as fee deferral and amortization will also be provided on the City's website and to interested developers to 3 of 5 facilitate the construction of affordable units consistent with the City's Inclusionary Zoning Regulations. Programs 20-22: No substantial changes were made to Programs 20 through 22. (Program 20: Equal Housing Opportunity, Program 21: Green Building Guidelines, and Program 22: Energy Conservation). Next Steps As previously mentioned, the draft 2015-2023 Housing Element will be certified by the State Department of Housing and Community Development upon adoption by the City Council. Staff is requesting that the Planning Commission review the draft Housing Element and adopt a Resolution recommending City Council adoption. Upon adoption, the Housing Element will be sent to the State and Staff will begin working on implementing the programs and objectives as outlined in the Housing Element. NOTICING REQUIREMENTS/PUBLIC OUTREACH: On February 25, 2014, a public meeting was held with the Planning Commission to provide an overview of the Housing Element including the review process with the State Department of Housing and Community Development. No public comments were received at the public meeting. On May 13, 2014, a second public meeting was held with the Planning Commission to present the draft 2015-2023 Housing Element and solicit input from the Commission and the public. No public comments were received at the public meeting. On June 17, 2014, a third public meeting was held with the City Council to present the draft 2015-2023 Housing Element and solicit input from the Council and the public. One resident addressed the City Council and spoke about the consequences of not having a certified Housing Element. No other public comments were received at the public meeting. A public meeting notice for each of these meetings was sent to developers, service providers, housing advocates, human services task force members, current Human Services Commission members and interested parties who requested notification of public meetings related to the Housing Element update. jOn July 30, 2014, the City of Dublin received a letter on behalf of the Bay Area Business Coalition which is comprised of members of the Bay Planning Coalition Council, East Bay Leadership, Jobs & Housing Coalition, North Bay Leadership Council, San Mateo County Economic Development Association (SAMCEDA), Bay Area Council and California Apartment Association. The letter was provided to all jurisdictions within the ABAG region advocating for an adequate supply of housing. The letter requests that local jurisdictions focus on constraints to the development of housing, which is also a requirement of State law, when updating a Housing Element. Both the Bay Area Business Coalition letter and the City's response are included in Appendix A of the draft Housing Element (Attachment 5, Exhibit A, Pages A-15 through A-19). A public hearing notice for this meeting was mailed to developers, stakeholders, service providers and interested persons who have expressed an interest in receiving notices regarding the Housing Element update. The public notice was also published in the Valley Times and posted at several locations throughout the City. A copy of this Staff Report has been posted to the City's website. 4 of 5 ENVIRONMENTAL REVIEW: The California Environmental Quality Act (CEQA), together with State Guidelines and City Environmental Regulations require that certain projects be reviewed for environmental impacts and that environmental documents be prepared. An Initial Study was prepared to analyze the potential environmental impacts of the 2015-2023 Housing Element. Based on the analysis contained in the Initial Study, it has been determined that the project will not have a significant effect on the environment; therefore, a Negative Declaration has been prepared (Attachment 6, Exhibit A). The Negative Declaration was circulated for public review between September 12, 2014 and October 13, 2014. No comments were received. ATTACHMENTS: 1. Planning Commission Staff Report dated May 13, 2014. 2. Planning Commission Resolution 14-24. 3. City Council Resolution 111-14. 4. Department of Housing and Community Development letter dated August 18, 2014. 5. Resolution recommending City Council adoption of a General Plan Amendment for the 2015-2023 Housing Element, with the draft City Council Resolution attached as Exhibit A and the draft Housing Element attached as Exhibit B. 6. Resolution recommending City Council adoption of a Negative Declaration for the 2015-2023 Housing Element, with the draft City Council Resolution attached as Exhibit A and the draft Negative Declaration attached as Exhibit B. 5 of 5