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Housing for Special Needs Populations: As part of
the review of programs in the past cycle, the
element must also provide an evaluation of the
effectiveness of goals, policies, and related
actions in meeting the housing needs of special
needs populations (e.g., elderly, persons with
disabilities, large households, female-headed
households, farmworkers and persons
experiencing homelessness). Programs should be
revised as appropriate to reflect the results of
this evaluation.
Section 3.D.3
Appendix A.2
Additional analysis added about Employment of Persons with Disabilities, ELI household tenure, income and cost burden, homelessness, seniors, large families, single-parent households, farmworkers, and students. Each section includes a description of unique issues and applicable programs for each special needs groups.
A new section has been added in Appendix A which outline the resources and programmatic accomplishments for special needs populations during the 5th Cycle.
Enforcement: While the element briefly
describes fair housing services with Fair Housing
Council of Orange County, it generally does not
address this requirement. The element must
include information on past or current fair
housing complaints, findings, lawsuits, or
judgements related to enforcement actions
regarding fair housing. In addition, the element
must discuss compliance with existing fair
housing laws and regulations. This is particularly
important given HCD’s past correspondence
related to potential violations of Federal and
State fair housing law. For further information,
the City should review HCD’s correspondence.
For more information and guidance on this
analysis, please visit pages 28-30 of the HCD’s
AFFH guidance memo:
Section 3.D.1
Added information about FHEO inquiries in the City and surrounding jurisdictions as well as information about Title VIII cases within Orange County. Identified that most cases and inquiries were linked to disability. Regulatory compliance table was added, and analysis of compliance was conducted.
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https://www.hcd.ca.gov/community-
development/affh/docs/affh_document_final_4-
27-2021.pdf.
Assessment of Fair Housing: The element reports
and maps data on some components of the
assessment of fair housing (e.g., segregation and
integration, disparities in access to opportunity)
but it must also analyze the information such as
evaluating patterns, trends, conditions and
circumstances, coincidence with other
components of the assessment of fair housing
and the effectiveness of past and current
strategies to promote inclusive and equitable
communities. This analysis should be
complemented by local data and knowledge,
including input from commenters, and other
relevant factors as described below.
Section 3.D The AFFH analysis now includes cross references to other sections comparing local data about racial distribution, income, and environmental factors. More analysis was done regarding the economic, racial, educational, and opportunity discrepancies among communities in Anaheim.
Integration and Segregation: As noted above, the
element must include analysis of integration and
segregation, particularly for race, disability,
familial status and income.
In addition, the element should include a specific
analysis of the housing and community
development needs of persons with disabilities,
including incorporating public comments. The
analysis should consider the unique needs and
barriers faced by persons with disabilities and
Section 3.D Specific analysis about persons with disabilities, familial status and income was added to AFFH.
Information about employment, income, tenure, and poverty status were added to the analysis as well.
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whether persons with disabilities are able to
access housing choices and services in an
integrated community-based setting. Examples
include accessibility features for housing,
transportation, education, jobs, and other types
of community elements to enable fair housing
choices. For more information, please see HCD’s
guidance at
https://www.hcd.ca.gov/community-
development/affh/index.shtml.
Racial/Ethnic Areas of Concentration of Poverty
(R/ECAP) and Areas of Affluence (RCAA): The
element states that a R/ECAP does not exist,
however, HCD notes the City does have areas of
High Segregation and Poverty according to
TCAC/HCD Opportunity maps. In addition, the
element identifies concentrated area of
affluence. As a result, the element should
include specific analysis of these areas, as
described above, to better formulate
appropriate goals and actions.
Section 3.D.2 Added table to identify census tracts that are characterized by high segregation and poverty.
Added a Median Income figure to the RCAA section and discussed racial distribution and income distribution.
Disparities in Access to Opportunity: As noted
above, the element must include analysis of
disparities in access to opportunity. This analysis
must address access to education and economic
opportunities.
Section 3.D.2
Information about disparities in access to quality education and employment were added to this section. Additionally, Orange County regional analysis was added to this section. The analysis also now includes cross references to other sections comparing local data about racial distribution, income, and environmental factors.
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Disproportionate Housing Need including
Displacement Risk: The element generally does
not address this requirement for patterns and
trends within the City. The analysis must address
disproportionate housing needs related to
overpayment, overcrowding, housing conditions,
homelessness and displacement risk and include
analysis as described above.
Section 3.D.3 Added new information about cost burdens for ELI households, overpayment, and overcrowding. Additional information about Urban Displacement, and substandard housing conditions were added as well.
Sites Inventory: While the element provides
information regarding the placement of sites
relative to race, income, and disparities in access
to opportunity (composite level), additional
analysis is required. For example, the element,
for all components of the assessment of fair
housing, should address the number of units by
income group, magnitude of impact on local
patterns, any isolation of the RHNA by income
group and address the concentrations of sites in
key areas and corridors.
Section 3.D.5 Analysis of sites in the inventory and their distribution in regard to race, income and disparities is included in this section. The distribution of low income units is included in this analysis as well.
All new maps for each section including new discussion and analysis of the effect sites may have on income, racial, and housing unit distribution. CalEnviroScreen 4.0 analysis was added as well.
Local Data and Knowledge, and Other Relevant
Factors: The element generally does not address
these requirements. The element must include
local data, knowledge, and other relevant factors
to discuss and analyze any unique attributes
about the City related to fair housing issues. The
element should complement federal, state, and
regional data with local data and knowledge
where appropriate to capture emerging trends
Section 3.D Analysis of local data expanded.
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and issues, including utilizing knowledge from
local and regional advocates and service
providers. Also, the element must include other
relevant factors that contribute to fair housing
issues in the jurisdiction. For instance, the
element should analyze historical land use,
zoning, governmental and nongovernmental
spending including transportation investments,
demographic trends, historical patterns of
segregation, or other information that may have
impeded housing choices and mobility.
Contributing Factors: The element should re-
assess and prioritize contributing factors upon
completion of analysis and make revisions as
appropriate.
Section 3.D.4 Added this section in order to directly identify contributing factors and corresponding actions.
Goals, Actions, Metrics, and Milestones: The
element must be revised to add or modify goals
and actions based on the outcomes of a
complete analysis. Goals and actions must
specifically respond to the analysis and to the
identified and prioritized contributing factors to
fair housing issues and must be significant and
meaningful enough to overcome identified
patterns and trends. Actions must have specific
commitment, metrics, and milestones as
appropriate and must address housing mobility
enhancement, new housing choices and
affordability in high opportunity areas, place-
Section 3.D.4 Table 3-52 added.
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based strategies for community preservation and
revitalization and displacement protection.
Extremely Low-income (ELI) Households: Given
the unique and disproportionate needs of ELI
households, the element must include analysis to
better formulate policies and programs. For
example, the element should analyze tenure,
cost burden and other household characteristics
then examine the availability of resources to
determine gaps in housing needs. For additional
information, see the Building Blocks at
http://www.hcd.ca.gov/community-
development/building-
blocks/housingneeds/extremely-low-income-
housing-needs.shtml.
Section 2.E.6
Section 3.D.3
Additional analysis added to Underserved, Vulnerable, and Special Needs Populations section.
Additional analysis added about ELI household tenure, income and cost burden added to AFFH.
Housing Problems experienced by ELI households and projected ELI households also included in the discussion.
1. Include an analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition. (Gov. Code, § 65583, subd. (a)(2).) Housing Conditions: The element identifies the
age of the housing stock. However, it must
include analysis of the condition of the existing
housing stock and estimate the number of units
in need of rehabilitation and replacement. For
example, the analysis could include estimates
from a recent windshield survey or sampling,
estimates from the code enforcement agency, or
information from knowledgeable
builders/developers, including non-profit
housing developers or organizations. For
Section 2.F.4
Section 3.D.3
The condition of the existing housing stock and an estimate of the number of units in need of rehabilitation and replacement has been added.
Cost of Preservation and Replacement Analysis are updated and analyzed in the AFFH.
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additional information, see the Building Blocks at
http://www.hcd.ca.gov/community-
development/building-blocks/housing-
needs/housing-stock-characteristics.shtml.
Housing Costs: The element includes some
figures on rents and home values from the
American Community Survey, however, the
element should include current information on
rents and sales prices to reflect market
conditions. To assist in addressing this
requirement, the City may utilize data Southern
California Association of Governments (SCAG)
Local Housing Data available at
https://scag.ca.gov/local-housing-data.
Section 2.F.5 Zillow and Realtor.com data was added to the analysis in order to incorporate the most accurate home pricing costs. Additional analysis regarding the rapid increase in the price of housing was also done.
2. 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).) Progress toward the RHNA: The City’s Regional
Housing Needs Allocation (RHNA) may be
reduced by the number of new units pending,
approved or built since July 1, 2021. The element
lists “pipeline projects” (Table B-2) but it must
also demonstrate their affordability and
availability in the planning period. For example,
the element lists the Stadium District Sub Area A
project with 466 units affordable to lower-
income households, 310 affordable to moderate-
income and a total of 5,175 units but provides no
Appendix B See updated Tables in Appendix B
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information on how affordability was
determined or how these units will be available
in the planning period. The element must
demonstrate affordability based on anticipated
or actual sales prices and rents or other
mechanisms ensuring affordability (e.g., deed
restrictions, development agreements) and
demonstrate availability particularly for larger
projects (e.g., more than 500 units).
Parcel Listing: The parcel listing lists the existing
uses for nonvacant sites. However, these
descriptions are generic (e.g., commercial,
industrial) and should be sufficiently detailed to
facilitate an analysis that the use will likely
discontinue in the planning period. In addition,
the element lists a few parcels with existing
residential uses. Capacity on these sites should
account for the existing number of units.
Appendix B Site descriptions have been revised to better reflect current uses and their potential for redevelopment into sites inventory table in Appendix B. Sites with existing units have been removed.
Realistic Capacity: The element (p. B-13)
mentions an assumption of 80 percent of
maximum allowable densities to calculate
residential capacity on identified sites and states
that this is a “conservative” estimate. However,
the element should include additional and clear
supporting information based on typical
densities of existing or approved residential
developments at a similar affordability level. For
example, the element could list other recent
Appendix B.4 Capacity Calculations added to the narrative of Appendix B.
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projects, the zone, acreage, built density,
allowable density, level of affordability and
presence of exceptions such as a density bonus.
In addition, the element appears to assume
residential development on sites with zoning
that allow 100 percent nonresidential uses.
While the element mentions overlays and
incentives for residential development, it must
still account for the likelihood of nonresidential
uses. For example, the element could analyze all
development activity in these nonresidential
zones, how often residential development occurs
and adjust residential capacity calculation,
policies and program accordingly. The element
should include analysis based on factors such as
development trends, performance standards or
other relevant factors. For additional
information, see the Building Blocks at
http://www.hcd.ca.gov/community-
development/building-blocks/site-inventory-
analysis/analysis-of-sites-and-
zoning.shtml#zoning.
City-Owned Sites: The element must include
additional discussion of the City-Owned sites
identified to accommodate the RHNA.
Specifically, the analysis should address general
plan designations, allowable densities, support
Appendix B.4 Discussion included to describe the density of as well as plans to rezone sites owned by the City’s Housing Authority. The discussion also outlines the affordability of these sites and their theoretical capacities.
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for residential capacity assumptions, existing
uses, any known conditions that preclude
development in the planning period and the
potential schedule for development. If zoning
does not currently allow residential uses at
appropriate densities, then the element must
include programs to rezone sites pursuant to
Government Code section 65583.2, subdivisions
(h) and (i). In addition, the housing element must
include a description of whether there are any
plans to dispose of the properties during the
planning period and how the jurisdiction will
comply with the Surplus Land Act Article 8
(commencing with Section 54220) of Chapter 5
of Part 1 of Division 2 of Title 5. This analysis
should also address, where appropriate,
“pipeline projects” as listed in Table B-2.
Suitability of Nonvacant Sites: The element must
include a methodology demonstrating the
additional development potential on nonvacant
sites. The element lists a few recent examples of
development on nonvacant sites. However, the
element provides no analysis of those examples
and the relationship to identified sites.
Specifically, the analysis must consider factors
including the extent to which existing uses may
constitute an impediment to additional
residential development, past experience with
Appendix B
Section 4,
Program 1U
Added additional analysis of candidate housing sites in relation to the examples of redevelopment. Site descriptions have been revised to better reflect current uses and their potential for redevelopment into sites inventory table in Appendix B.
Program 1U added for Replacement Housing Program
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converting existing uses to higher density
residential development, the current market
demand for the existing use, an analysis of any
existing leases or other contracts that would
perpetuate the existing use or prevent
redevelopment of the site for additional
residential development, development trends,
market conditions, and regulatory or other
incentives or standards to encourage additional
residential development on these sites.
In addition, the housing element relies upon
nonvacant sites to accommodate more than 50
percent of the RHNA for lower-income
households. For your information, the housing
element must demonstrate existing uses are not
an impediment to additional residential
development and will likely discontinue in the
planning period. (Gov. Code, § 65583.2, subd.
(g)(2).) Absent findings (e.g., adoption
resolution) based on substantial evidence, the
existing uses will be presumed to impede
additional residential development and will not
be utilized toward demonstrating adequate sites
to accommodate the regional housing need
allocation.
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Finally, if element utilizes sites with existing
residential uses. Absent a replacement housing
policy, these sites are not adequate sites to
accommodate lower-income households. The
replacement housing policy has the same
requirements as set forth in Government Code
section 65915, subdivision (c), paragraph (3).
Accessory Dwelling Units (ADUs): The element
projects 756 ADUs over the planning period or
approximately 84 ADUs per year over the eight-
year planning period. This assumption is based
on doubling the average of number of ADUs over
the last three years (4 units in 2018, 32 units in
2019 and 90 in 2020). However, the element
must include analysis to support doubling the
recent average. For example, the element could
include information from 2021 on permitted
ADUs. Based on the outcomes of this analysis,
the element should add or modify programs.
Appendix B.3 Additional information provided by the City supporting the increase of ADU permitting was added to this section.
Availability of Infrastructure: The element
describes the Urban Water Management Plan
and that the City maintains the local sewer
system (p. B-4). However, it must also clarify
whether sufficient total water and sewer
capacity (existing and planned) can
accommodate the RHNA and include programs if
necessary. In addition, water and sewer service
providers must establish specific procedures to
Section 3.B.16 Information moved from Appendix B to expanded Section 3 discussion on wet utility infrastructure for complete analysis.
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grant priority water and sewer service to
developments with units affordable to lower-
income households. The element must
demonstrate compliance with this requirement
and include a program if necessary.
Environmental Constraints: While the element
generally describes a few environmental
conditions within the City, it must relate those
conditions to identified sites and describe any
other known environmental or other constraints
that could impact housing development on
identified sites in the planning period.
Section 3.C Additional information about the potential impacts of environmental constrains was added as well as information and figures regarding liquefaction, flooding, geological hazards, and fire maps to this section.
Electronic Sites Inventory: For your information,
pursuant to Government Code section 65583.3,
the City must submit an electronic sites
inventory with its adopted housing element. The
City must utilize standards, forms, and
definitions adopted by HCD. Please see HCD’s
housing element webpage at
https://www.hcd.ca.gov/community-
development/housing-
element/index.shtml#element for a copy of the
form and instructions. The City can reach out to
HCD at [email protected] for technical
assistance.
This section will be completed once HCD has final approval of sites inventory.
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Zoning for a Variety of Housing Types:
• Emergency Shelters: The element states
emergency shelters are defined in the
zoning code, but it should also clearly
identify where emergency shelters are
permitted without discretionary action.
The analysis should discuss available
acreage, including typical parcel sizes and
the presence of reuse opportunities,
proximity to transportation and services
and any conditions inappropriate for
human habitability. In addition, the
element should identify and analyze
development standards, including parking
requirements for consistency with
statutory requirements. This is
particularly important given the element
notes (p. A-13) that revising spacing
requirements (in the prior planning
period) was not necessary. For your
information, parking requirements should
be only sufficient parking to
accommodate all staff working in the
emergency shelter, provided that the
standards do not require more parking
for emergency shelters than other
Section 3.B.5
Section 4, as
specified
Added more info for the analysis of Emergency Shelters and Single Room Occupancy (SRO) units.
Added or clarified programs for compliance with State law for listed housings types as follows:
• Emergency Shelters, Program 5A (Low Barrier Navigation Centers) and Program 5O (Emergency Shelter Parking)
• SRO Units, Program 5P
• Employee housing, Program 5M
• ADUs, Program 1S
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residential or commercial uses within the
same zone.
• Single Room Occupancy (SRO) Units:
based on the information provided in
Table 3-4, SRO units are not allowed in
any zones throughout the City. As a
result, the element should include a
program to amend zoning to encourage
and facilitate SRO units.
• Employee Housing: The element must
demonstrate zoning is consistent with the
Employee Housing Act (Health and Safety
Code, § 17000 et seq.) or add or modify
programs. Specifically, section 17021.5
requires employee housing for six or
fewer employees to be treated as a
single-family structure and permitted in
the same manner as other dwellings of
the same type in the same zone.
• ADUs: After reviewing of the City’s
ordinance, HCD discovered a few areas
which were not consistent with State
ADU Law. Please see the enclosure for
additional information. As a result, the
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element should modify Program 1S as
appropriate.
Land-Use Controls: The element must identify
and analyze all relevant land use controls
impacts as potential constraints on a variety of
housing types. The analysis should analyze land
use controls independently and cumulatively
with other land use controls. The analysis should
specifically address multifamily parking
requirements. The analysis should address any
impacts on cost, supply, housing choice,
affordability, timing, approval certainty and
ability to achieve maximum densities and include
programs to address identified constraints.
Section 3.B.4 Additional information regarding multifamily housing has been added. Individual and cumulative impacts do not create a constraint to the development of housing in the City.
Processing and Permit Procedures: While the
element includes information about the City’s
application process, it should also describe the
processing times for entitlements and
procedures for a typical single family and
multifamily development. The analysis should
address the approval body, the number of public
hearing if any, approval findings and any other
relevant information. The analysis should
address impacts on housing cost, supply, timing,
and approval certainty.
Section 3.B.13 Processing and permit procedures, timelines, and requirements for a typical single family and multifamily development added to Section 3.B.13. The analysis addresses impacts on housing cost, supply, timing, and approval certainty.
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Building Codes: The element must describe and
analyze any local amendments to the building
code for impacts on housing supply and
affordability.
Section 3.B.12 Local amendments were made to the existing California Building Standards Code, but they do not have any impact on housing production.
Fees and Exaction: While the element lists
various planning fees, it must specifically analyze
the fees for conditional use permits and include
programs to address identified constraints as
appropriate. In addition, the element should
include a cumulative analysis of all fees (e.g.,
planning and impact) for typical single family and
multifamily development.
Section 3.B.10 A new section was added to discuss the analysis of conditional use permit fees. It was determined that CUP fees do not create a constraint.
A new section was added to discuss the cumulative analysis of all fees for typical single family and multifamily development.
Zoning, Development Standards and Fees: The
element must clarify compliance with new
transparency requirements for posting all zoning,
development standards and fees on the City’s
website and add a program to address these
requirements, if necessary.
Section 3.B.19
Section 4,
Program 1V
A new section was added to discuss the City’s compliance with all transparency requirements.
Program 1V has been added to ensure the City is always up to date with transparency requirements.
Other Local Ordinances: The element must
analyze any locally adopted ordinances that
directly impacts the cost and supply or
residential development (e.g., inclusionary
requirements, short term rentals, growth
controls).
Section 3.B.7 Section 3.B.7 “Local Ordinances” was added to analyze the effect of local ordinances on housing development.
Constraints on Housing for Persons with
Disabilities:
Section 3.B.9
Definition of Family - Narrative confirming that the City’s definition of a family is in compliance with state law was added to Section 3.
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• Definition of Family: The element
describes the City’s definition of “Single
Housekeeping Unit” which appears to
have multiple restrictions that may act as
constraints on housing for persons with
disabilities. For example, restrictions
requiring single written lease or
membership being determined by the
residents could act as constraints. The
element should include specific analysis
of any potential constraint, including
considering public comment and add or
modify programs as appropriate.
• Group Homes: The City’s zoning code
appears to isolate and regulate various
types of housing for persons with
disabilities based on the number of
people and other factors. Examples
include community care facilities and
sober living homes. Zoning should simply
implement a barrier-free definition of
family instead of subjecting, potentially
persons with disabilities, to special
regulations. These housing types in many
cases are subject to a conditional use
permit, potentially subjecting housing for
persons with disabilities to higher
Section 3.B.5 &
Section 3.B.7
Section 3.B.5 &
Section 4, Policy
5B
Group Homes – Community Care Facilities, licensed and unlicensed continue to be analyzed in Section 3.
Transitional and Supportive Housing – The discussion was expanded to include definitions and requirements in accordance with State Law. A program is included in Section 4: Housing Policy Program in response to HCD’s Notice of Violation to the City of Anaheim dated December 14, 2021, and implements State law requirements pertaining to Transitional and Supportive Housing.
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discretionary standards where an
applicant must demonstrate
compatibility with the neighborhood,
unlike other residential uses. The
element should include specific analysis
of these and any other constraints,
including their enforcement and
considering public comments, for impacts
on housing for persons with disabilities
and add or modify programs as
appropriate.
• Transitional and Supportive Housing: The
element mentions definitions of
transitional and supportive housing, but it
should also describe and analyze how the
City permits these uses. For example, the
element should describe what definitions
are utilized, including for target
population, which zones permit these
uses, permit types and whether the uses
are subject to any special regulations.
This is particularly important since these
uses should not be subject to special
regulations and the element seems to
indicate a conditional use permit is
required. The element must add or
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modify programs based on the outcomes
of this analysis.
Requests for Lower Density, Permit Times, and
Efforts to Address Nongovernmental Constraints:
The element must analyze (1) requests to
develop housing at densities below those
identified in the inventory, (2) the length of time
between receiving approval for a housing
development and submittal of an application for
building permits, and (3) any local efforts to
address or mitigate nongovernmental
constraints such as reduced fees, financing for
affordable housing or expedited processes. The
analysis should address any hinderances on the
construction of a locality’s share of the regional
housing need and programs should be added or
modified as appropriate.
Section 3.E.1 &
Section 3.B.13
(1) Analysis of requests to develop housing at densities below those identifies in the inventory has been added to the “Existing Citywide Capacity” section in Section 3.E.1 and Section 3.B.13.
(2) Analysis of length of time between receiving approval for a housing development and submittal of an application for building permits has been added to the “Permit Processing” section in Section 3.B.13.
(3) Local efforts to address or mitigate nongovernmental constraints has been added to the “Permit Processing” section in Section 3.B.13. The analysis addresses any hinderances on the construction of Anaheim’s share of the regional housing need.
To have a beneficial impact in the planning
period and address the goals of the housing
element, programs must be revised with discrete
timelines and specific commitment. For example,
many programs use terms such as “evaluate” or
“explore” which are not specific commitment to
a tangible housing outcome in the planning
period. Examples of programs that should be
revised with discrete timelines include Programs
1I (Housing Co-located with Religious and
Community Facilities) and 1S (Accessory Dwelling
Section 4, as
specified
Programs have been updated as follows:
Program 1E updated to include additional incentives and specific actions the City will undertake to promote the development of units affordable to extremely low income households.
Program 1G has been updated to include specific actions to promote the development of affordable units.
Program 1Q has been updated to include additional actions should a mid-cycle review find that the identified sites are not developing at the extent projected.
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Units). Examples of programs to revised with
specific commitment include:
• Program 1E (Encourage the Development
of housing for ELI Households): The
Program mentions a number of tools and
investigation of incentives but should also
commit toward actions that result in
development such as proactive outreach
on an annual basis, establishing
incentives by a date certain, supporting
funding applications and adopting land
use policies.
• Program 1G (Platinum Triangle Master
Land Use Plan): The Program should
commit to how the City will encourage
housing affordable to lower-income
households in the Platinum Triangle and
take steps beyond exploring incentives.
This Program was essential to compliance
in the prior planning period and based on
information in the element (p. A-7), no
development affordable to lower-income
households occurred and as a result, the
Program should include additional
actions to encourage housing affordable
to lower-income households.
Program 1S has been updated to include compliance with State law, as well as include specific and timely actions should ADU development not occur at a rate consistent with the assumptions of the Housing Element.
Program 2E has been updated.
Program 3A has been updated to include further promotion and incentivization of energy conservation practices.
Program 5A has been updated to amend the City Municipal Code to comply with State law as it relates to the review and processing of applications.
Program 5B has been updated in response to HCD’s Notice of Violation to the City of Anaheim dated December 14, 2021, and implements State law requirements pertaining to Transitional and Supportive Housing.
Program 5N has been added to update the City’s Density Bonus program in compliance with State law, as well as promote the provisions of the program to the development community to incentivize the use of the program.
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• Program 1Q (Promote Opportunity Sites):
The Program should include action
beyond re-evaluating if the program is
not effective in meeting its goals.
• Program 1S (ADUs): The Program should
go beyond exploring incentives and
commit to establish incentives by a date
early in the planning period. In addition,
the Program should commit to when the
City will update its ADU ordinance and
monitoring should be more frequent
(e.g., every other year) with specific
commitment to implement alternative
actions within a specified time (e.g., six
months) if ADUs are not permitted
consistent with assumptions in the
element.
• Program 2E (Residential Uses Not Defined
as Single Housekeeping Unit): The
Program should take steps beyond
reviewing state law to ensure actual
outcomes in the planning period.
• Program 3A (Efficient Use of Energy
Resources): The Program should take
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steps beyond investigating the feasibility
of incentives and strategies.
• Program 5A (Supportive Housing and Low
Barrier Navigation Centers): The Program
should go beyond reviewing zoning code
and make a specific commitment to
amend zoning.
• State Density Bonus Law: As noted on
page 3-35, the element should include a
program to amend the City’s density
bonus ordinance in compliance with state
law.
2. 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 the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Government Code section 65584.09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single- room occupancy units, emergency shelters, and transitional housing. (Gov. Code, § 65583, subd. (c)(1).) As noted in Finding B4, the element does not
include a complete site analysis, therefore, the
adequacy of sites and zoning were not
established. Based on the results of a complete
sites inventory and analysis, the City may need to
add or revise programs to address a shortfall of
sites or zoning available to encourage a variety
Appendix B
Updated as necessary; revisions noted in sections above.
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of housing types. In addition, the element should
be revised as follows:
• Adequate Sites: The element includes
various actions that appear intended to
address a shortfall of sites to
accommodate the RHNA. For any
program intended to address a shortfall
of sites at appropriate densities to
accommodate the RHNA for lower-
income households, the program must
meet all requirements pursuant to
Government Code sections 65583.2,
subdivisions (h) and (i). In addition, these
programs should identify the shortfall,
minimum acreage to be rezoned and
anticipated allowable densities. Examples
of programs that may require revising
include Programs 1H (Center City
Corridors Specific Plan), 1J (Residential
Opportunities Overlay Zone) and 1R
(Multifamily Rezoning in High Resource
Areas).
• City-Owned Sites: The element should
include a program with a schedule of
actions to facilitate development on City-
Owned sites, including complying with
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the Surplus Land Act, as noted in Finding
B4. Actions could include a schedule for
requests for proposals, rezoning,
incentives, funding and expediting
processing. This Program should seek to
maximize these important resources for
lower-income households, including ELI
households.
• Replacement Housing Requirements: If
nonvacant sites are identified with
residential uses, the housing element
must include a program to provide
replacement housing. (Gov. Code, §
65583.2, subd. (g)(3).) The replacement
housing program must adhere to the
same requirements as set forth in
Government Code section 65915,
subdivision (c)(3).
3. 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. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. (Gov. Code, § 65583, subd. (c)(3).) As noted in Findings B5 and B6, the element
requires a complete analysis of potential
governmental and non-governmental
constraints. Depending upon the results of that
analysis, the City may need to revise or add
Various Updated as necessary; revisions noted in sections above.
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programs and address and remove or mitigate
any identified constraints.
4. 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 protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law. (Gov.
Code, § 65583, subd. (c)(5).)
As noted in Finding B1, the element must include
a complete analysis of AFFH. The element must
be revised to add goals and actions based on the
outcomes of a complete analysis. In addition,
most programs lack milestones and metrics to
target meaningful AFFH outcomes in the
planning period and should be revised as
appropriate.
Various Updated as necessary; revisions noted in sections above.