Colma City Council
January 25, 2023

AGENDA

REGULAR MEETING

CITY COUNCIL OF THE TOWN OF COLMA
Wednesday, January 25, 2023
STATE OF THE CITY ADDRESS – 6:30 PM
REGULAR SESSION – 7:00 PM
This City Council meeting will be conducted pursuant to the provisions of Assembly Bill 361 and Government Code Section 54953(e) (and without compliance with section 54953(b)(3) related to conducting public meetings during the COVID-19 pandemic. The City Council, staff and members of the public may participate in the meeting in person at Town Hall or virtually via Zoom Video Conference.

To attend the meeting in person:

Town Hall, Council Chamber, 1198 El Camino Real, Colma CA 94014 To participate in the meeting via Zoom Video Conference:

Join Zoom Meeting: https://us02web.zoom.us/j/81289976261 Passcode: 074407
Meeting ID: 812 8997 6261
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Passcode: 074407
To provide Public Comment in person:

Members of the public wishing to speak are requested to complete a yellow speaker card and submit it to the City Clerk. Comments should be kept to three minutes or less.

To provide Public Comment via Zoom Video Conference:

Live verbal public comments may be made by requesting to speak using the “raise hand” feature in Zoom or, if calling in by phone, by pressing *9 on the telephone keypad prior to the consent calendar being heard, or prior to the close of the public comment period for agenda items or non-agenda items. In response, the Town will unmute the speaker and allow them to speak up to three minutes.

To provide Public Comment in writing:

Members of the public may provide written comments by email to the City Clerk at [email protected]
before the meeting. Emailed comments should include the specific agenda item on which you are commenting or note that your comment concerns an item that is not on the agenda. The length of the emailed comment should be commensurate with the three minutes customarily allowed for verbal comments, which is approximately 250-300 words.

STATE OF THE CITY ADDRESS – 6:30 PM
PLEDGE OF ALLEGIANCE AND ROLL CALL – 7:00 PM

ADOPTION OF AGENDA

PRESENTATIONS
• Police Department Badge Pinning Ceremony
• Police Department Year in Review

PUBLIC COMMENTS
Comments on the Consent Calendar and Non-Agenda Items will be heard at this time.

Comments on Agenda Items will be heard when the item is called.

CONSENT CALENDAR

1. Motion to Accept the Minutes from the January 11, 2023 Regular Meeting.

2. Motion to Adopt an Ordinance Adding Subchapter 2.10 to the Colma Municipal Code Relating to Fireworks Pursuant to CEQA Guidelines 15061(b)(3), 15307, and 15308 (second reading).

3. Motion to Authorize the Mayor to Sign the Attached Letter Urging the State Legislators to Amend Assembly Bill (“AB”) 2449 Pursuant to CEQA Guideline 15378.

4. Motion to Adopt a Resolution Approving and Authorizing the City Manager to Execute a Purchase and Sale Agreement for the Sale of the Town Owned Property at 1365 Mission Road in the Amount of $940,000.00, Including the Execution of Any and All Documents Necessary to Complete the Sale and Close Escrow Pursuant to CEQA Guideline 15061(b)(3).

5. Motion to Adopt a Resolution Approving the Amendment to the California Cities Gaming Authority Joint Exercise of Powers Agreement Admitting the City of Bell to the California Cities Gaming Authority Pursuant to CEQA Guideline 15378.

PUBLIC HEARING

6. ADOPTION OF HOUSING ELEMENT 2023-2031 (“6TH CYCLE”)
Consider: Motion to Adopt a Resolution Adopting a General Plan Amendment to Repeal the 2015-2022 Housing Element and Adopt the 2023-2031 Housing Element in Compliance with State Housing Element Law Pursuant to a Previously Certified Environmental Impact Report and Pursuant to CEQA Guideline 15061(b)(3).

NEW BUSINESS

7. 2022-2023 CAPITAL PROGRAM UPDATE
Consider: Motion to Adopt a Resolution Amending the Fiscal Year 2022-23 Capital Improvement Budget to $14,279,680, Including Adding Four New Projects, Closing Out One Capital Project; Carrying Over $531,496 of Unspent Project Budget to FY 2022-23; Transferring $1,431,828 from General Fund (11) to Street Cip Fund (32); and, Releasing Unspent Funding of $82,275 to Capital Reserve, and $3,220 to Fleet Replacement Fund, Pursuant to CEQA Guideline 15378.

REPORTS
Mayor/City Council
City Manager

ADJOURNMENT
The City Council Meeting Agenda Packet and supporting documents are available for review on the Town’s website www.colma.ca.gov or at Colma Town Hall, 1198 El Camino Real, Colma, CA. Persons interested in obtaining an agenda via e-mail should call 650-997-8300 or email a request to [email protected].

Reasonable Accommodation
Upon request, this publication will be made available in appropriate alternative formats to persons with disabilities, as required by the Americans with Disabilities Act of 1990. Any person with a disability, who requires a modification or accommodation to view the agenda, should direct such a request to Pak Lin, ADA Coordinator, at 650-997-8300 or [email protected]. Please allow two business days for your request to be processed.

Minutes – Regular Meeting 01.11.23 Page 1 of 4

MINUTES

REGULAR MEETING
City Council of the Town of Colma
Town Hall Council Chamber
1198 El Camino Real, Colma CA
Also Accessible via Zoom.us
Wednesday, January 11, 2023
CLOSED SESSION – 6:00 PM
REGULAR SESSION – 7:00 PM
C
LOSED SESSION – 6:00 PM

1. In Closed Session under Government Code § 54957.6, CONFERENCE WITH

LABOR NEGOTIATOR
Agency Negotiator: Austris Rungis, IEDA
Employee Organizations: Colma Communications/Records Association Unrepresented Employees: City Clerk
PLEDGE OF ALLEGIANCE AND ROLL CALL – 7:00 PM
Mayor del Rosario called the meeting to order at 7:02 p.m.

Council Present – Mayor Joanne F. del Rosario, Vice Mayor John Irish Goodwin, Council Members Ken Gonzalez, Carrie Slaughter and Helen Fisicaro were all present.

Staff Present – City Manager Brian Dossey, City Attorney Christopher Diaz, Chief of Police John Munsey, Administrative Services Director Pak Lin, Director of Public Works and Planning Brad Donohue, City Planner Farhad Mortazavi, City Clerk Caitlin Corley and Administrative Technician Abigail Dometita were in attendance.

The Mayor announced, “Good evening and welcome to this hybrid Council Meeting, conducted both in person and remotely via Zoom.

Regarding Public Comment: Members of the public who are here in person are requested to complete a yellow speaker card and submit it to the City Clerk. Those of you on Zoom may make public comments by using the “raise hand” feature in Zoom or, if calling in by phone, by pressing *9 on the telephone keypad. The City Clerk will unmute your microphone and allow you to speak. Comments should be kept to three minutes or less.”

REPORT FROM CLOSED SESSION
The Mayor stated, “No action was taken at tonight’s closed session.”

ADOPTION OF THE AGENDA
Mayor del Rosario asked if there were any changes to the agenda. None were requested.

The Mayor asked for a motion to adopt the agenda.

A
ction: Vice Mayor Goodwin moved to adopt the agenda; the motion was seconded by Council Member Slaughter and carried by the following vote:

Item #1
Minutes – Regular Meeting 01.11.23 Page 2 of 4
Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Joanne F. del Rosario, Mayor 
John Irish Goodwin 
Ken Gonzalez 
Carrie Slaughter 
Helen Fisicaro 
5 0

PRESENTATIONS
• Holiday House Decorating Contest Award Recipients
City Manager Brian Dossey and Monica Devincenzi of Republic Services presented the award recipients of the Holiday House Decorating Contest:
• Sterling Park Neighborhood – Rivera Family
• Verano Homeowners Association – Yoa Family
• Villa Hoffman Townhomes –Paningbatan Family
• Overall Most Festive Home – Rodriguez Family of Sterling Park • Most Festive Colma Business – Paul’s Flowers

PUBLIC COMMENTS
Mayor del Rosario opened the public comment period at 7:07 p.m. Resident Thom Taylor thanked the Town for their response to the recent storms. Seeing no one else request to speak, the Mayor closed the public comment period at 7:11 p.m.

CONSENT CALENDAR

2. Motion to Accept the Minutes from the December 13, 2022 Special Meeting.

3. Motion to Accept the Minutes from the December 14, 2022 Regular Meeting.

4. Motion to Approve Report of Checks Paid for December 2022.

5. Motion to Reconfirm the Findings and Determinations Made in Resolution No. 2021-33 and Under Assembly Bill 361 for the Continuation of Virtual Meetings, with Acknowledgment that the California Department of Public Health has Updated the Definition of “Close Contact” in Regulation 3205 from Being within 6 Feet of Another Person to Sharing the Same Indoor Space with Another Person for 15 Minutes or More, Which Further Supports the Findings.

6. Motion to Adopt an Ordinance Amending Section 1.02.020 of the Colma Municipal Code Relating to a Council Vacancy Pursuant to CEQA Guideline 15061(b)(3) (second reading).

7. Motion to Accept Informational Report on Recreation Department Programs, Activities, Events, and Trips for the Fourth Quarter of 2022.

8. Motion to Adopt a Resolution Directing Town Staff to Fly Various Commemorative Flags in Lieu of the Town of Colma Flag at the Colma Community Center.

Minutes – Regular Meeting 01.11.23 Page 3 of 4

9. Motion to Introduce an Ordinance Amending Chapter 5, Subchapter 4 of the Town of Colma Municipal Code, Adopting by Reference the 2022 Edition of the California Building Standards Code (California Code of Regulations, Title 24), Consisting of the 2022 California Building Code, the 2022 California Residential Code, the 2022 California Electrical Code, the 2022 California Mechanical Code, the 2022 California Plumbing Code, the 2022 California Fire Code, the 2022 California Energy Code, the 2022 California Green Building Standards Code, the 2022 California Historical Building Code, the 2022 California Existing Building Code and the 2022 California Referenced Standards Code; the 1997 Edition of the Uniform Housing Code; and the 2018 International Property Maintenance Code, Together With Certain Additions, Amendments, and Deletions, All Pursuant to CEQA Guidelines 15061(b)(3) and 15378, and Waive Further Reading of the Ordinance; and Schedule a Public Hearing for February 8, 2023.

Action: Vice Mayor Goodwin moved to approve the consent calendar items #2 through 9; the motion was seconded by Council Member Slaughter and carried by the following vote:

Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Joanne F. del Rosario, Mayor 
John Irish Goodwin 
Ken Gonzalez 
Carrie Slaughter 
Helen Fisicaro 
5 0

PUBLIC HEARING

10. ORDINANCE ADDING MUNICIPAL CODE SUBCHAPTER 2.10 RELATING TO

FIREWORKS
City Attorney Christopher Diaz presented the staff report. The Mayor opened the public comment period at 7:20 p.m. Resident Thom Taylor made a comment. Seeing no one else request to speak, she closed the public comment period at 7:22 p.m. Council discussion followed.

Action: Council Member Fisicaro moved to Introduce and Waive Further Reading of an Ordinance Adding Subchapter 2.10 to the Colma Municipal Code Relating to Fireworks Pursuant to CEQA Guidelines 15061(b)(3), 15307, and 15308, with direction to staff to research tiered penalty amounts for different types of fireworks; the motion was seconded by Vice Mayor Goodwin and carried by the following vote:

Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Joanne F. del Rosario, Mayor 
John Irish Goodwin 
Ken Gonzalez 
Carrie Slaughter 
Helen Fisicaro 
5 0
Minutes – Regular Meeting 01.11.23 Page 4 of 4

COUNCIL CALENDARING
 The next Regular Meeting will be on Wednesday, January 25, 2023, with the State of the City Address beginning at 6:30 p.m. and the regular session beginning at 7:00pm.

REPORTS
City Manager Brian Dossey gave an update on the following topics:
 A huge thank you to our police, fire and public works departments for their responses to the storms these past weeks. Colma fared relatively well but did have several down tress and road closures. We are still expecting additional storms, so please stay vigilant.  Town offices will be closed on Monday, January 16, 2023 for Martin Luther King, Jr.

Day.
 There will be a ribbon cutting for the grand re-opening of Planet Fitness on Tuesday, January 17, 2023
 There will be a ribbon cutting for the grand opening of Boot Barn on Friday, January 20, 2023.
 There will be a Neighborhood Watch meeting at the Community Center on Thursday, January 26, 2023 at 6pm.

ADJOURNMENT AND CLOSE IN MEMORY
Mayor del Rosario adjourned the meeting at 7:44 p.m. in memory of Algis Ratnikas, resident of Daly City and longtime supporter of the Daly City and Colma Historical Associations.

Respectfully submitted,
Cai
tlin Corley
City Clerk
Ord. __ – CMC Subchapter 2.10 Fireworks (Introduced 01.11.23) Page 1 of 5 ORDINANCE NO. XX

OF THE CITY COUNCIL OF THE TOWN OF COLMA
A
N ORDINANCE ADDING SUBCHAPTER 2.10 TO THE

COLMA MUNICIPAL CODE RELATING TO FIREWORKS PURSUANT TO CEQA GUIDELINES 15061(B)(3), 15307, AND 15308
The City Council of the Town of Colma does ordain as follows:

ARTICLE 1. FINDINGS, PURPOSE AND AUTHORITY.

T
he City Council of the Town of Colma finds:
(a) The Town of Colma (“Town”), pursuant to the police powers delegated to it by Article XI, Section 7 of the California Constitution, has the authority to enact laws which promote the public health, safety, and general welfare of its citizens; and (b) Pursuant to Health and Safety Code section 12541, the Town may enact an ordinance regulating fireworks within its jurisdiction that is compatible with the State Fireworks Law (Health & Safety Code, § 12500 et seq.); and
(
c) Illegal and dangerous fireworks create a significant risk of fire and cause increased litter to be deposited into the environment, and prohibiting the use of all fireworks in the Town is necessary to deter the use of such fireworks and avoid fire risk and litter. (
d) The Town desires to enact the present ordinance to regulate the sale, use, and discharge of fireworks, including imposing strict liability against Town residents for unlawful fireworks usage as defined and described herein, in compliance with the State Fireworks Law.

N
OW, THEREFORE, the City Council of the Town of Colma does hereby ordain as follows:

A
RTICLE 2. The above recitals are hereby adopted as findings of the City Council in enacting this Ordinance.

A
RTICLE 3. CMC CHAPTER 2.10 ADDED.

A
new subchapter 2.10 is added to Chapter 2 of the Colma Municipal Code, to read in full as follows:
“
CHAPTER TWO: PROHIBITED ACTIVITIES
Subchapter 2.10: Fireworks
2 .10.010 Definitions
F
or the purpose of this Subchapter, the following words shall have the meaning set forth herein:
(
a) “Fire Chief” means the Fire Chief of the Colma Fire Protection District.

Item #2
Ord. __ – CMC Subchapter 2.10 Fireworks (Introduced 01.11.23) Page 2 of 5 (b) “Fireworks” means any device containing chemical elements and chemical compounds capable of burning independently of the oxygen of the atmosphere and producing audible, visual, mechanical, or thermal effects which are useful as pyrotechnic devices or for entertainment. The term “fireworks” includes, but is not limited to, devices designated by the manufacturer as fireworks, torpedoes, skyrockets, roman candles, rockets, Daygo bombs, sparklers, party poppers, paper caps, chasers, fountains, smoke sparks, aerial bombs, and fireworks kits. As used herein, “fireworks” includes both “dangerous fireworks” and “safe and sane fireworks,” as those terms are defined by the Health and Safety Code.

(c) “Social Host” means:

(1) Any owner of private property, as listed on the most recent county tax assessment roll;
(2) Any person who has the right to use, possess or occupy a public or private property under a lease, permit, license, rental agreement, or contract; or

(3) Any person who hosts, organizes, supervises, officiates, conducts, or sponsors a gathering on public or private property, and if such person is a minor, then that person’s parents or legal guardians.

(d) “Strictly liable” means s liable for a wrongful act irrespective of such person’s intent, knowledge, negligence or lack thereof in committing the wrongful act.

2.10.020 Prohibition on Fireworks.

The sale, use, possession, and discharge of Fireworks is prohibited within the Town of Colma. It shall be unlawful for any person to sell, offer for sale, purchase, discharge , or otherwise use Fireworks within the Town of Colma except as provided in this chapter.

2.10.030 Exceptions.

(a) This subchapter does not prohibit the use of fireworks if approved and authorized by the Colma Fire Protection District or conducted by permit granted pursuant to Title 19 of the California Code of Regulations.

(b) This Subchapter does not prohibit the use by railroad or other transportation agencies, or law enforcement agencies, of torpedoes, flares, or fuses for signal purposes or illumination; nor does it prohibit the sale or use of blank cartridges for theatrical or ceremonial purposes, athletic events, or military ceremonies or demonstrations.

2.10.040 Supervision of Minors.

(a) It shall be unlawful for any person having the care, custody or control of a minor (under eighteen (18) years old) to permit such minor to discharge, explode, fire, or set off any Fireworks, at any time.

(b) Any person having care, custody, or control of a minor shall be strictly liable for a violation of this section.

Ord. __ – CMC Subchapter 2.10 Fireworks (Introduced 01.11.23) Page 3 of 5

2.10.050 Social Host Liability.

(a) No Social Host shall permit any persons to use Fireworks:

(1) On property that is either owned by the Social Host or occupied or otherwise used by the Social Host pursuant to a lease, permit, license, rental agreement, or contract, or

(2) At any gathering on public or private property that is hosted, organized, supervised, officiated, conducted, or sponsored by the Social Host.

(b) It is the duty of any Social Host who knowingly hosts, permits, or allows any gathering to take place to take all reasonable steps to prevent the use of Fireworks by that Social Host’s guests or invitees.

(c) No Social Host shall, with respect to private property where Fireworks are used, be liable for a violation of this section if the Social Host can demonstrate that at the time of such violation, the Social Host (i) had rented or leased the property to another, (ii) was not present, and (iii) had no prior knowledge of the violation.

(d) No person who has the right to use, possess, or occupy a unit in a multifamily residential property under a lease, rental agreement , or contract shall be liable under this section for violations occurring in the common areas of the property.

2.10.060 Violations; Administrative Citations and Fines.

(a) Any person violating any of the provisions of this Subc hapter shall be subject to the imposition and payment of an administrative fine or fines as provided below:

Number of Offenses (in
One Year Period)
Amount of Administrative
Penalty
First $1,000.00
Second $2,000.00
Third and subsequent $3,000.00

(b) Acts, omissions, or conditions in violation of this Subchapter that continue, exist, or occur on more than one day constitute separate violations on each day. Violations continuing, existing, or occurring on the service date of the citation, the effective date of the citation, and each day between the service date and the effective date are separate violations. A person is guilty of a separate offense for each and every day or portion thereof during which he or it commits, continues, or permits a violation of this Subchapter.

(c) Nothing in this Subchapter shall be intended to limit any of the penalties provided for under the California Health and Safety Code or Penal Code with regard to the sale, use, possession, delivery, and/or transportation of Fireworks.

(d) Any administrative fine collected pursuant to this Section shall not be subject to Health and Safety Code section 12706. The administrative fines collected shall be allocated in Ord. __ – CMC Subchapter 2.10 Fireworks (Introduced 01.11.23) Page 4 of 5 compliance with Health and Safety Code section 12557, which requires the Town to provide cost reimbursement to the State Fire Marshal for reimbursement of costs, including, but not limited to, transportation and disposal. Regulations are to be adopted by the State Fire Marshal setting forth this allocation. Unless and until such regulations have been adopted by the State of California, the Town shall hold in trust $250.00 from any fine collected to cover the reimbursement to the State Fire Marshal for the cost of transportation and disposal of the dangerous fireworks. Alternatively, the City Council may adopt and amend a fee to cover such disposal and reimbursement costs by resolution.

2.10.070 Appeal of Administrative Citation and Fines; Hearing Procedures.

The recipient of an administrative citation pursuant to this Subchapter may appeal its validity by complying with all appeals provisions set forth in Division 3 of Chapter 2 of this Code.

2.10.080 Seizure of Fireworks.

The Police Chief or designee shall seize, take, remove, or cause to be removed, at the expense of the owner, all stocks of Fireworks offered or exposed for sale, stored, or held in violation of this Subchapter. Such seizure shall be subject to cost reimbursement to the State Fire Marshal in accordance with Section 2.10.060(d).”

ARTICLE 4. SEVERABILITY.

If any provision of this o rdinance or its application to any person or circumstance is held to be invalid, such invalidity has no effect on the other provisions or applications of this ordinance that can be given effect without the invalid provision or application and, to this extent, the provisions of this ordinance are hereby declared to be severable.

ARTICLE 5. CEQA.

The City Council’s adoption of this Ordinance is not a project within the meaning of Section 15378 of the State of California Environmental Quality Act (“CEQA”) Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly. The City Council further finds, under Title 14 of the California Code of Regulations, Section 15061(b)(3), that this Ordinance is nonetheless exempt from the requiremen ts of CEQA in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activi ty in question may have a significant effect on the environment, the activity exempt from CEQA. It also finds the ordinance is exempt from the requirements of CEQA pursuant to CEQA Guidelines Sections 15307 and 15308 as an action by a regulatory agency taken to protect the environment and natural resources.

ARTICLE 6. EFFECTIVE DATE.

This Ordinance shall take effect thirty (30) days after its passage and adoption , pursuant to California Government Code section 36937.

Certification of Adoption
Ord. __ – CMC Subchapter 2.10 Fireworks (Introduced 01.11.23) Page 5 of 5 I certify that the foregoing Ordinance No. XX was duly introduced at a regular meeting of the City Council of the Town of Colma held on January 11, 2023, and adopted at a regular meeting of the City Council of the Town of Colma held on January 25, 2023, by the following vote:

Name Voting Present, Not Voting Absent
Aye No Abstain Not Participating
Joanne F. del Rosario, Mayor
John Irish Goodwin
Ken Gonzalez

Carrie Slaughter
Helen Fisicaro
Voting Tally

Dated: ____________________ _____________________________________ Joanne F. del Rosario, Mayor

Attest: ______________________________
Caitlin Corley, City Clerk

Staff Report - Authorize Mayor to Sign Letter Urging Legislators to Amend AB 2449 Page 1 of 4

STAFF REPORT
T
O: Mayor and Members of the City Council
FROM: Brian Dossey, City Manager
MEETING DATE: January 25, 2023
SUBJECT: Authorize the Mayor to Sign a Letter Urging State Legislators to Amend Assembly Bill ("AB") 2449.

RECOMMENDATION
Staff recommends that the City Council make the following motion:

MOTION TO AUTHORIZE THE MAYOR TO SIGN THE ATTACHED LETTER URGING THE STATE LEGISLATORS TO AMEND ASSEMBLY BILL (“AB”) 2449 PURSUANT TO CEQA GUIDELINE 15378

EXECUTIVE SUMMARY/BACKGROUND
The Ralph M. Brown Act ("Brown Act") is a California law that guarantees the public's right to attend and participate in meetings of local legislative bodies. Located at California Government Code 54950 et seq., it is an act of the California State Legislature, authored by Assemblymember Ralph M. Brown and passed in 1953.

The Brown Act allows a city council to use any type of teleconferencing in connection with any meeting. ''Teleconference" is defined as "a meeting of individuals in different locations, connected by electronic means, through either audio or video, or both." While it allows for teleconferencing, the Brown Act imposes certain restrictions and requirements around what constitutes a quorum, posting agendas, noticing of teleconference locations, and public access.

In March 2020, Governor Newsom proclaimed a state of emergency in response to the outbreak of the novel coronavirus (COVID-19) and issued Executive Order N-29-20 easing certain Brown Act restrictions. In September 2021, Governor Newsom approved AB 361 to "improve and enhance public access to l ocal agency meetings during the COVID19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options."
Item #3
Staff Report Motion to Reconfirm Findings Under Resolution No. 2021-33 and AB 361 Page 2 of 4 On October 17, 2022, Governor Newsom announced that the COVID-19 State of Emergency will end on February 28, 2023, effectively ending AB 361's term. However, AB 2449 that was signed into law on September 13, 2022, took effect on January 1, 2023. The table below, summarizes the key differences among traditional Brown Act teleconferencing rules, AB 361, and AB 2449.

T
able – Key Differences in Teleconference Rules
Brown Act Teleconferencing
Rules
Traditional AB 361 AB 2449
Sept 16, 2021 -
Jan 1, 2024
Jan 1, 2023 -
Jan 1, 2026

1. State of Emergency must be in
effect? Per Governor Newsom,
state of emergency ceases
February 28, 2023.

N/A Required Waived

2. Post agendas at all
teleconference locations?
Required Waived Waived

3. Each teleconference location is
identified and accessible by the
P ublic?
Required Waived Waived

4. Quorum of legislative body at
single location within jurisdiction
boundaries
Required Waived Required

5. Must demonstrate Just Cause
(pre-approved) or Emergency
Circumstances (voted on by
agency prior to participation)
N/A N/A Required

6. Limited to 20 percent of the
regular meetings for the local
agency within a calendar year,
or m ore than two meetings if
the le gislative body regularly
meets fewer than 10 times per
calendar year
N/A N/A Required

7. Requires agency to use full
video conferencing or
webcasting of m eetings if
members ar e going to be
remote
N/A N/A Required

8. Requires remote members to
use audio and video and to
disclose w hether individuals
over the age of 18 is present
with them at the remote location
N/A N/A Required
Staff Report Motion to Reconfirm Findings Under Resolution No. 2021-33 and AB 361 Page 3 of 4

ANALYSIS
Relaxing the Brown Act's teleconferencing requirements during the COVID-19 pandemic yielded numerous benefits. Local governments and regional decision-making boards were able to continue operating, unfettered, while protecting the health and safety of civil servants and the public. Many noted that public participation in meetings seemed to increase, as individuals were able to attend remotely from the safety and comfort their homes or work.

In the past, vacations, sick time, or travel related to personal occupations may have prohibited participation in public meetings. During the pandemic, however, individuals could participate in public meetings regardless. Councilmembers who participate in dozens of regional decision- making bodies were able to call into meetings, effectively reducing single occupancy vehicle trips and reducing greenhouse gas emissions.

The new teleconferencing requirements i mposed by AB 2449 would negate some of these benefits and pose new issues. AB 2449's quorum requirement, "just cause" and "emergency circumstances" requirements, and limitation on the number of remote meetings members may attend are unnecessarily restrictive. For example, AB 2449 requires a quorum of the legislative body from a single physical location open to the public, before invoking the "just cause" and "emergency ci rcumstances requirements. A quorum at a si ngle physical location for regional boards and committees seems arbitrary and particularly burdensome when members of these bodies are comprised of a geographically diverse membership of dozens of various cities and counties.

Local city councils and their standing committees are often comprised of individuals with full time occupations. AB 2449's "just cause" requirement unfairly prioritizes travel while on business of the legislative body or another state or local agency, but not travel related to an individual's occupation. This raises an equity concern that participation in local and regional government would be limited to officials at a certain socioeconomic level. "Just cause" is not a requirement under traditional Brown Act rules.

Furthermore, AB 2449 limits the number of meetings that may be attended remotely. This too, seems arbitrary. Local jurisdictions and their constituents are best suited to decide whether to host in-person or virtual meetings and to decide the limitations of those meetings.

In addition, there are privacy concerns related to the requirement to disclose the identity of any individual over the age of 18 and the webcasting technology requirement is not feasible for regional boards who meet in various meeting rooms not equipped with this technology.

T
he new restrictions on remote meetings posed by AB 2449 are unnecessarily arbitrary and burdensome. These concerns are summarized in the letter to State legislators in Attachment A.

ALTERNATIVES:

T
he alternatives available to the City Council include:

1. Authorize the Mayor, on behalf of the City Council, to sign the attached letter urging State legislators to amend Assembly Bill 2449; or Staff Report Motion to Reconfirm Findings Under Resolution No. 2021-33 and AB 361 Page 4 of 4

2. Do not authorize the Mayor to submit the attached letter.

F

ISCAL IMPACT
The City Council’s motion to continue with virtual meetings will maintain the status quo and no financial impact is anticipated.

ENVIRONMENTAL ISSUES
The City Council’s approval of a motion to reconfirm findings does not constitute a project under the California Environmental Quality Act (CEQA) Guideline 15378(b)(5) as it constitutes an organizational or administrative activity of the government that will not result in direct or indirect physical changes in the environment. Further, virtual meetings are likely to reduce certain impacts associated with vehicular travel related to in-person public meetings.

CONCLUSION
Staff recommends that the City Council authorize the Mayor, on behalf of the City Council, to sign the attached letter urging State legislators to amend Assembly Bill ("AB") 2449.

ATTACHMENTS
A. Letter to Assemblymember Phil Ting

TOWN OF COLMA
1198 El Camino Real • Colma, California • 94014- 3212
Tel 650.997.8300 • Fax 650.997.8308
Joanne F. del Rosario, Mayor
John Irish Goodwin, Vice Mayor
Ken Gonzalez, Council Member • Carrie Slaughter, Council Member • Helen Fisicaro, Council Member Brian Dossey, City Manager
A
ssemblymember Phil Ting
455 Golden Gate Ave #14600
San Francisco, CA 94102
D
ear Assemblymember Ting:

We are writing to request that Assembly Bill (“AB”) 2449 be amended to allow city councils, their standing committees, and regional boards more flexibility to establish their own teleconference requirements related to quorums, just cause and emergency requirements, and limitations on the number of remote meetings members may attend.

In March 2020, the Governor issued Executive Order N-29-20, giving local agencies more flexibility to deploy teleconferencing, and it was a monumental success. It protected the health and safety of civil servants and the public, while effectively and efficiently conducting the public’s business.

Teleconferencing during the pandemic increased public participation, reduced single occupancy vehicle trips and travel costs, and decreased greenhouse gas (GHG) emissions.

We believe there are several unintended consequences of AB 2449 and respectfully request that the following requirements be considered for amendment:

1. Just cause travel. Local city councils and their standing committees are often comprised of individuals with full-time occupations. AB 2449’s “just cause” requirement unfairly allows travel while on business “of the legislative body or another state or local agency,” but not travel related to an individual’s occupation. This raises an equity concern that participation in local and regional government would be limited to officials at a certain socioeconomic level. Travel for a member’s occupation should be allowed under “just cause.”

2. Cap on number of remote meetings allowed. The limitation on the number o f
me
etings that may be attended remotely appears arbitrary. The State could consider mandating a “floor” for in-person meetings, i.e. at least two meetings per year must be in person, and allow regional boards and standing committees maximum flexibility in determining the “ceiling” or “cap” on the number of remote meetings permissible. To contrast, local officials serve in the communities in which they live and the return to in- person meetings for local jurisdictions is not an issue. Nonetheless, local jurisdictions and their constituents are best suited to decide whether to host in-person or virtual meetings and to decide the limitations of those meetings.

3. Quorum. Requiring a quorum at a single physical location for regional boards and their subcommittees and mandating that members of these bodies travel long distances to attend in-person meetings, contradicts the State’s efforts to curb GHG emissions and seems arbitrary and particularly burdensome when regional boards are comprised of a
Attachment A

geographically diverse membership of cities and counties. Regional boards, as well as standing committees of a city council should be allowed to stay 100% remote, with the option of deciding as a body, how many meetings should be attended in-person versus remote.

4. Webcasting technology. Unlike local city councils, regional boards meet in a variety of locations that often are not equipped with webcasting technology to enable hybrid meetings. Under AB 2449 regional boards will need to pivot from online meetings to in- person meetings.

5. Disclosure. The requirement to publicly disclose any individual in the room over the age of 18 is a privacy violation. For example, if a member is under the care of an at- home nurse, this should not need to be shared publicly.

We have serious concerns regarding AB 2449’s measures to limit remote teleconferencing to a handful of emergency or restrictive just cause approvals. Without amendment, these measures will result in unnecessarily long travel times to meetings, suppressed attendance, and difficulty reaching quorum, which will in turn negatively impact the governing body’s productive work.

We respectfully request that AB 2449 be amended to provide more flexibility to regional agencies and local governing bodies. The Brown Act ensures that officials and their constituents can have open and transparent meetings, which we now know can occur using modern technology.

As representatives of local governments and regional boards, we believe in the benefit of increased access in our communities. We look forward to collaborating with you to promote greater flexibility and participation in the decision-making process by incorporating the changes we have proposed. Thank you for your time and consideration of this important matter that impacts all of us.

S
incerely,
J
oanne F. del Rosario
Mayor
cc: Se
nator Scott Weiner
Staff Report – Sale of 1365 Mission Road Page 1 of 3

STAFF REPORT
TO
: Mayor and Members of the City Council
FROM: Brian Dossey, City Manager
MEETING DATE: January 25, 2023
SUBJECT: Sale of 1365 Mission Road

RECOMMENDATION
Staff recommends that the City Council adopt the following resolution:

RESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A

PURCHASE AND SALE AGREEMENT FOR THE SALE OF THE TOWN OWNED PROPERTY AT 1365 MISSION ROAD IN THE AMOUNT OF $940,000.00, INCLUDING THE

EXECUTION OF ANY AND ALL DOCUMENTS NECESSARY TO COMPLETE THE SALE AND CLOSE ESCROW PURSUANT TO CEQA GUIDELINE 15061(B)(3)

EXECUTIVE SUMMARY
At the July 21, 2022, City Council meeting the Council determined the property located at 1365 Mission Road was exempt surplus property under the State Surplus Land Act, and authorized the City Manager to prepare, list and sell the Town owned unit at 1365 Mission Road.

Subsequent to this City Council meeting, State Housing and Community Development, after an inquiry from Town staff, determined that the sale of the property was not subject to the State Surplus Land Act. In October of 2022 the unit was put on the market at $999,999.00; however due to a softening of the real estate market and little interest from potential buyers the unit was taken off the market in mid-December 2022 with the plan to relist the property for sale at a lower price point in January 2023. Before the unit could be re-listed Hildebrand Realty found a buyer with an offer of $940,000.00. In good faith, the City Manager accepted the offer and is recommending the City Council now formally approve the sale of 1365 Mission Road and authorize the City Manager to execute any and all documents necessary pertaining to the sale and closing escrow.

BACKGROUND AND ANALYSIS
As part of the 2020-2022 Strategic Plan, staff was directed to look for strategies that would help generate revenue for the Town of Colma. This strategy is also in alignment with the 2017-2019 Strategic Plan previous goal of Securing the Town’s Long Term Financial Health. As part of both of these goals, and during Strategic Plan workshops over the past few years, staff had proposed the sale of the property at 1365 Mission Road a s a one-time injection of revenue increasing the Town reserves for future projects or emergencies.

Item #4
Staff Report – Sale of 1365 Mission Road Page 2 of 3
At the July 21, 2022, City Council meeting the City Manager was directed to prepare the property for sale and then contract with a local real estate agent to list and sell the property.

Surplus Land Act Compliance
As the City Council may be aware, any disposal or sale of public property is subject to the Surplus Land Act contained at Government Code Section 54220 et seq. (the “Act”). In general, the Act requires that prior to disposing of land, the local agency must determine if the land is considered “surplus land” or “exempt surplus land.” Surplus land must be sold pursuant to the provisions of the Act. Exempt surplus land does not need to comply with the noticing and timing provisions of the Act.

At the July 21, 2022, City Council meeting, the City Council determined the property was exempt surplus property under the Act. Shortly thereafter, staff inquired with State Housing and Community Development, the State agency charged with enforcing the State Surplus Land Act.

In October 2022 , staff received an e -mail from the California Department of Housing and Community Development stating that the unit at 1365 Mission Road is not subject to the Surplus Land Act. This was also confirmed at the City Council Meeting on December 14, 2022, when the City Council adopted a resolution regarding the State Surplus Land Act.

Town Purchasing Ordinance Compliance
Also at the July 21, 2022, City Council meeting, Council found that the City Manager could contract with Hildebrand Real Estate for the listing and sale of the property under the Town’s Purchasing Ordinance. As the selling agent Hildebrand would receive the industry standard commission of

2.5% of the sale price of the unit.

Per the Town’s Purchasing Ordinance, the City Manager is authorized to contract for services with any vendor without competitive bidding where the total payment by the Town is not more than $75,000. See, Colma Municipal Code Section 1.06.060. Since the Town received an offer of $940,000.00, the total commission at 2.5% is estimated to be $23,500.00, which is well under the $75,000 threshold to trigger competitive bidding under the Town’s Purchasing Ordinance. As such, the City Manager directly contracted with Hildebrand for the sale of the property.

Details of Offer for 1365 Mission Road
On January 10, 2022, the City Manager was notified by Hildebrand Realty that they had received an offer for the unit at 1365 Mission Road of $940,000.00. After discussion with Hildebrand, the City Manager accepted the offer in good faith due to the ever-softening real estate market caused by higher interest rates. Below is a summary of the offer.

PURCHASE OFFER SUMMARY

Property Address 1365 Mission Road, South San Francisco Offer Date Sunday, January 9, 2022
Staff Report – Sale of 1365 Mission Road Page 3 of 3

OFFER DETAILS
Intent to Occupy Yes
Home Warranty Yes
Title Company DOMA Title Company
Title/Escrow Fees Paid by Buyer
Appraisal Contingency (Days) 10
Property Condition (Days) 10
Close of Escrow (Days) 25
Good Faith Deposit 3.00% $28,200
Complete Down $70,000
Loan Amount $870,000
Full Offer Amount $940,000

FISCAL IMPACT
The City Council’s decision to sell the property at 1365 Mission Road will increase the Town’s reserves by an estimated amount of $940,000.00 minus agent commission and fees. During the upcoming budget study sessions staff will recommend dedicating revenues received to the General Fund (11) as well as the Capital Fund (31).

ENVIRONMENTAL
The City Council’s action to sell the property at 1365 Mission Road is not a project subject to the California Environmental Quality Act as it can be seen with certainty that the action will not have a significant effect on the environment pursuant to CEQA Guideline 15061(b)(3). This is especially true as any sale would maintain the status quo and cause no change in the environment.

CONCLUSION
Staff recommends that the City Council adopt a resolution approving and authorizing the City Manager to effectuate the sale of the Town owned property at 1365 Mission Road in the amount of $940,000, including the execution of any and all documents necessary to complete the sale and close escrow.

ATTACHMENTS
A. Resolution
B. Purchase Agreement

Reso 2023-__ Sale of 1365 Mission Road Page 1 of 2
RESOLUTION NO. 2023-__

OF THE CITY COUNCIL OF THE TOWN OF COLMA
R

ESOLUTION APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A

PURCHASE AND SALE AGREEMENT FOR THE SALE OF THE TOWN OWNED PROPERTY AT 1365 MISSION ROAD IN THE AMOUNT OF $940,000.00, INCLUDING THE

EXECUTION OF ANY AND ALL DOCUMENTS NECESSARY TO COMPLETE THE SALE AND CLOSE ESCROW PURSUANT TO CEQA GUIDELINE 15061(B)(3) The City Council of the Town of Colma does resolve as follows:

1. Background
(a) At the City Council meeting held on July 21, 2022, the City Council determined the property located at 1365 Mission Road was exempt surplus property under the State Surplus Land Act, and authorized the City Manager to prepare, list and sell the Town owned unit at 1365 Mission Road. (b) Subsequent to this City Council meeting, in October of 2022, State Housing and Community Development, after an inquiry from Town staff, determined that the sale of the property was not subject to the State Surplus Land Act. (c) In selecting the vendor to list the unit for sale, pursuant to the Town’s Purchasing Ordinance, the City Manager is authorized to execute any agreement that does not result in payment of more than $75,000 and because the maximum commission to be paid as part of any sale would total 2.5% or $23,500.00, competitive bidding in selecting a vendor is not required. (d) After originally listing the unit for $999,999.00, the Town has received an offer at $940,000.00.
(e) Staff is now recommending that the City Council approve and authorize the City Manager to execute the Purchase and Sale Agreement to finalize the sale of the unit.

2. Approval and Authorization
(a) The Purchase and Sale Agreement to effectuate the sale, a copy of which is on file with the City Clerk, is approved by the City Council of the Town of Colma. (b) The City Manager is hereby authorized to execute said contract on behalf of the Town of Colma, including any and all other documents necessary to effectuate the sale, with such minor technical amendments as may be deemed appropriate by the City Manager and the City Attorney. //
//
//
//
Attachment A
Reso 2022-13, 2022 F Street Pavement Rehabilitation Project Award of Contract Page 2 of 2 Certification of Adoption
I certify that the foregoing Resolution 2023-__ was duly adopted at a regular meeting of said City Council held on January 25, 2023 by the following vote:

Name Voting Present, Not Voting Absent
Ay e No Abstain Not Participating
Joanne F. del Rosario, Mayor
John Irish Goodwin
Ken Gonzalez
Carrie Slaughter
Helen Fisicaro
Voting Tally
D
ated ______________________ ___________________________________ Joanne F. del Rosario, Mayor
At
test: ____________________________
Caitlin Corley, City Clerk
Attachment B

Staff Report - CCGA JPA Amendment P age 1 of 3
Janaury 25, 2023

STAFF REPORT
TO
: Mayor and Members of the City Council
FROM: Brian Dossey, City Manager
MEETING DATE: January 25, 2023
SUBJECT: Amendment to the California Cities Gaming Authority Agreement

RECOMMENDATION
Staff recommends the City Council adopt the following:

RES

OLUTION APPROVING THE AMENDMENT TO THE CALIFORNIA CITIES GAMING

AUTHORITY JOINT EXERCISE OF POWERS AGREEMENT ADMITTING THE CITY OF BELL

TO THE CALIFORNIA CITIES GAMING AUTHORITY PURSUANT TO CEQA GUIDELINE 15378
EXE

CUTIVE SUMMARY
At the May 13, 2020 meeting, the City Council adopted a resolution entering into an agreement amendment (attachment B) to join the California Cities Gaming Authority (CCGA). The newly founded California Cities Gaming Authority (CCGA) is a joint powers authority which was formed to protect the interests of cities state -wide with licensed card rooms. Currently, there are three member cities who make up the JPA (Town of Colma, City of Gardena and City of Inglewood).

CCGA Executive Director Rudy Bermudez has been actively recruiting additional cities which have card rooms in their jurisdictions to increase membership into the CCGA. On January 11, 2023, the City of Bell elected to become a member of the CCGA.

In order for the City of Bell to be admitted into the CCGA JPA, each member city must approve a resolution amending the CCGA Agreement. Therefore, staff recommends that the City Council adopt a resolution to amend the California Cities Gaming Authority Agreement admitting the City of Bell as a member (Attachment C).

FISCAL IMPACT
None

BACKGROUND
The CCGA was formed in November 2019 by the City of Gardena and the City of Inglewood in an effort to give cities one collective voice when cardroom issues arise with the Attorney General or Bureau of Gambling Control. In May of 2020, the Town of Colma joined the CCGA.

Item #5

Staff Report - CCGA JPA Amendment Page 2 of 3
Janaury 25, 2023
The CCGA has been recruiting cities with small to medium size cardrooms (20- 80 tables); by working together the cities can be more effective when advocating for proposed changes that impact our cardrooms. In January 2021, the City of San Jose became a member of the CCGA .

The City of Bell elected to become a member on January 11, 2023.

By increasing membership of the CCGA, it not only gives the cities with card rooms a united voice in Sacramento but also a stronger voice when issues pertaining to the cardroom arise.

ANALYSIS
It is mutually beneficial and desirable to admit the City of Bell as a member of the CCGA. In fact, the Board of Directors of the CCGA voted to admit the City of Bell as a full voting member at the January 18, 2023 meeting.

On January 11, 2023, the City Council of San Jose elected to become a member by adopting the attached Amendment as required by the Agreement.

The attached Amendment (Attachment C) will admit the City of Bell as a full voting member to the CCGA upon approval by the current members of the CCCGA including the Town of Colma.

The provisions of the Amendment are summarized as follows:

• The recitals set forth the historical and operative facts pertaining to the formation and existence of the California Cities Gaming Authority and those related to the admission of the City of Bell.

• Paragraph 3 details the CCGA structure of officers, requiring a Chairperson, Vice Chairperson, Secretary and Treasurer.

• Paragraph 4 provides for the admission of the City of Bell as a Member by the current members of the CCGA through the consent of the Cities of Colma, San Jose, Gardena and Inglewood.

• Paragraph 5 commits the City of Bell to be bound by the terms and conditions of the Amendment and the Agreement including the obligation to pay the annual contribution in the amount of $30,000 as set forth in Paragraph 4.2 of the Agreement.

• Paragraph 5 grants the City of Bell the right and duty to appoint one of its Council Members to serve on the Board of Directors of the CCGA including the right to participate and vote on all matters before the CCGA Board of Directors and to appoint another one of its Council Members to serve as the alternate to the CCGA Board of Directors.

ENVIRONMENTAL

The proposed action is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Guidelines sections 15378(b)(2) and 15378(b)(5) as ongoing

Staff Report - CCGA JPA Amendment Page 3 of 3
Janaury 25, 2023
administrative or organizational activities that will not result in direct or indirect physical changes in the environment.

Council Adopted Values

The staff report is consistent with the Council value of responsibility by accepting the City of Bell as a member of the CCGA JPA, the CCGA JPA is strengthening its a voice in Sacramento as it relates to card room issues and changes in gaming.

CONCLUSION
Staff recommends adopting the resolution amending the CCGA Agreement, accepting the City of Bell as a member of the CCGA JPA.

ATTACHMENTS

A. Resolution
B. CCGA JPA Agreement
C. Amendment to CCGA JPA Agreement admitting the City of San Jose

25977.00100\33588735.1
Res. 2023-__, CCGA Amendment for City of Bell Page 1 of 2

RESOLUTION NO. 2023-XX

OF THE CITY COUNCIL OF THE TOWN OF COLMA
R

ESOLUTION APPROVING THE AMENDMENT TO THE CALIFORNIA CITIES GAMING

AUTHORITY JOINT EXERCISE OF POWERS AGREEMENT ADMITTING THE CITY OF

BELL TO THE CALIFORNIA CITIES GAMING AUTHORITY PURSUANT TO CEQA GUIDELINE 15378
The City Council of the Town of Colma does hereby resolve as follows:

1. Background and Findings
(a) On May 13, 2020, the City Council adopted a resolution entering into an amendment to the Joint Exercise of Powers Agreement of the California Cities Gaming Authority (the “CCGA”) to allow the Town of Colma to join the CCGA. (b) The CCGA was formed in November of 2019 as a Joint Powers Authority formed under Government Code Section 6500 et seq., and is now comprised of the cities of Inglewood, Gardena, and the Town of Colma.
(c) The CCGA was formed to provide a collective voice when cardroom issues arise with the State Attorney General, State Bureau of Gambling Control, and generally monitors state activity on these issues for the Town.
(d) The CCGA is currently recruiting cities with small to medium size cardrooms to join CCGA to work together to advocate for cardrooms and the revenue they can produce for cardroom cities.
(e) Recently, the CCGA was successful in getting the City of Bell to want to join the CCGA.
(f) On January 18, 2023, the Board of Directors of CCGA voted to admit the City of Bell as a member of the CCGA.
(g) On January 11, 2023, the City Council of the City of Bell agreed to become a member of the CCGA when it approved an amendment to the CCGA Joint Exercise of Powers Agreement to be admitted into the CCGA.
(h) In addition to the above approvals, the current members of the CCGA must also approve an amendment to the Joint Exercise of Powers Agreement to admit the City of Bell. (i) The City Council is now being asked to adopt a resolution approving the amendment to the Joint Exercise of Powers Agreement in order to admit the City of Bell.

2. Order
(a) The City Council of the Town of Colma hereby approves the Amendment to the Joint Exercise of Powers Agreement for CCGA and the Mayor is authorized and directed to execute the Amendment, which will allow the City of Bell to join the CCGA.

Attachment A
25977.00100\33588735.1

Res. 2023-__, CCGA Amendment for City of Bell Page 2 of 2

Certification of Adoption
I certify that the foregoing Resolution No. 2022-__ was duly adopted at a regular meeting of said City Council held on January 25, 2023 by the following vote:

Name Counted toward Quorum Not Counted toward Quorum
Aye No Abstain Present, Recused Absent
Joanne del Rosario, Mayor
John Irish Goodwin
Ken Gonzalez
Carrie Slaughter
Helen Fisicaro
Voting Tally

Dated ______________________ ___________________________________ Joanne del Rosario, Mayor

Attest: ____________________________
Caitlin Corley, City Clerk
Attachment B

Attachment C

Staff Report – Housing Element Adoption Page 1 of 19

STAFF REPORT
TO
: Mayor and Members of the City Council
FROM: Farhad Mortazavi APA, City Planner
Alvin Jen, APA, Associate Planner
VIA: Brian Dossey, City Manager
DATE: January 11, 2022
SUBJECT: Public Hearing and Adoption for the Town of Colma Housing Element 2023- 2031 (“6th Cycle”)

RECOMMENDATION
Staff recommends that the City Council adopt a:

RE
SOLUTION ADOPTING A GENERAL PLAN AMENDMENT TO REPEAL THE 2015-2022 HOUSING ELEMENT AND ADOPT THE 2023-2031 HOUSING ELEMENT IN COMPLIANCE

WITH STATE HOUSING ELEMENT LAW PURSUANT TO A PREVIOUSLY CERTIFIED ENVIRONMENTAL IMPACT REPORT AND PURSUANT TO CEQA GUIDELINE 15061(B)(3)

EXECUTIVE SUMMARY
The Town of Colma has prepared a draft update to the Housing Element of the General Plan to affirmatively further fair housing and accommodate 202 units Regional Housing Needs Allocation (RHNA) for the 2023-2031 Housing Element cycle. The content of the draft 2023- 2031 Housing Element is structured for consistency with the requirements set forth in state law.

In
addition to responding to requirements of state law, the Housing Element also demonstrates Colma’s strategy for meeting the Town’s locally determined housing needs, and that these needs are addressed through policies and programs outlined within the Housing Element. Public review and input have been a critical component of this 6th cycle Housing Element Update.

Th
is staff report provides a summary of the Housing Element requirements, an overview of the status of Colma’s Draft Housing Element, the findings provided to the town by HCD on the first 90-day review of the draft, and how the Town has responded to HCD’s findings and the reasons the Town of Colma believes that the draft element substantially complies with Article 10.6 of State Planning and Zoning law contained at Government Code Section 65580, et seq.,.

Item #6

Staff Report – Housing Element Adoption Page 2 of 19

BACKGROUND
CA Government Code Title 7, Division 1, Chapter 3, Article 10.6 [65580 – 65589.11] regulates the use and requirements of Housing Elements in California. The state law requires that the Town update its General Plan Housing Element every eight years. State law further requires the current update for jurisdictions in the Association of Bay Area Governments (ABAG) region to comply by January 31, 2023.

The Town of Colma’s 2023-2031 Draft Housing Element was prepared with the benefit of the community, City Council input, and discussion at two public meetings over the course of the year-long Housing Element preparation period. Workshops on the draft Housing Element were held by the City Council. Guidance was also provided by HCD throughout the process.

The Draft Housing Element was released on April 29, 2022, for a 30-day public review and comment period, ending on May 28, 2022. An additional 10-day period is required for the incorporation of comments after the initial 30-day public review period which was provided. The draft included a total of 53 very-low, 30 low, 40 moderate, and 142 above-moderate units, for a total of 265 units. During the comment period, staff was notified by the Italian Cemetery – one of the property owners of the initial site inventory - of their desire not to be part of the housing inventory for their site located at El Camino Real and F Street. Therefore, staff revised the housing inventory and the draft document eliminating the 3.07-acre property owned by the Italian Cemetery. By doing so, staff needed to recalculate the possibilities for the remaining six properties, which resulted in a total of 256 units that includes 53 very-low, 30 low, 44 moderate, and 129 above-moderate (market rate) units. On May 27, 2022, the Housing Leadership Council of San Mateo County (HLC) sent an email with their attached public comment letter addressed to email addresses for the Town Clerk, building department, and planning department. However, the Town’s email server filtered this email and sent it to the junk folder for all the previously mentioned email addresses. Staff did not discover this email until late afternoon on June 8, 2022, the same day as the City Council hearing for the first draft of the Housing Element.

On June 17, 2022, the Town submitted the draft Housing Element to HCD for its review. On August 17, 2022, HCD and Town staff participated in an hour-long preliminary feedback phone call, where comments were provided for the first draft. During this call, HCD provided staff the opportunity to address areas where the Housing Element was missing information prior to the end of the 90-day review period and official comment letter. Based upon these comments, staff revised the draft Housing Element to include additional information and analysis.

On August 26, 2022, a revised first draft was made public, with no comments received during that period. On September 2, 2022, this revised first draft was sent to HCD for consideration.

On September 14, 2022, HCD provided the Town a formal review letter of the first draft.

On September 23, 2022, Town staff hosted a staff member from HLC where a tour of the Town and opportunity sites of the Housing Element was provided. On October 6, 2022, HLC provided additional comments for the Housing Element.

In November 2022, the Housing Element was reviewed and determined that it is exempt under California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3), common sense exemption. It has been determined that the Housing Element involves policies, programs, and

Staff Report – Housing Element Adoption Page 3 of 19
actions to meet the Town’s RHNA allocation that either would not cause a significant effect on the environment or incorporates actions that have already been taken by the Town.

Additionally, the growth projected by the Housing Element has been analyzed in the prior General EIR that was adopted by the City Council on March 23, 2022. The policies incorporated into the General Plan by the General Plan EIR include mitigation measures to avoid or mitigate environmental impacts on sites designated in the Housing Element. Further, none of the circumstances requiring preparation of a subsequent or supplemental EIR (as specified in CEQA section 21166 and CEQA Guidelines 15162 and 15163) are present. This has been determined as there is no evidence in the record that (1) substantial changes are proposed for Project that will require major revisions of the EIR, (2) substantial changes will occur with respect to the circumstances under which the Project will be undertaken that will require major revisions in the EIR, or (3) new information, which was not known and could not have been known when the EIR was certified, has become available

Based on these factors, it is concluded, that the General Plan EIR adequately analyzed the environmental impacts of the Housing Element. Further, based on the scope of the Housing Element, it can be seen with certainty, that there is no possibility that the proposed 6 th Cycle
Housing Element Update would have a significant effect on the environment pursuant to Section 15061(b)(3), of the State CEQA Guidelines.

Comments and questions based on HCD’s review letter, as well as public comments, have been incorporated into the final document. A final public hearing for the Housing Element is concurrent with the City Council consideration of the document with staff’s recommendation for adoption of the Housing Element. The adopted document will be returned to HCD with the expectation that HCD will certify the document after their 60-day review period or end of March 2023.

The following section summarizes the required components of Housing Element Updates per State law, new requirements included since the 5th cycle Housing Element Update (2015-2023), and penalties for non-compliance with Housing Element Laws. The section also includes a summary of public meetings related to the 6th cycle Housing Element Update prior to today’s meeting.

Required Components of a Housing Element
Pursuant to Government Code Section 65583, local governments are required to include the below items as components within their Housing Elements, and subsequent updates thereto.

Newly required components introduced as part of the 6th Cycle are included in italics below and discussed in further detail within the “New Requirements for the 6th Cycle Housing Element Update” Section below.

1. Housing Needs Assessment: Examine demographic, employment and housing trends and conditions and identify existing and projected housing needs of the community, with attention paid to special housing needs (e.g., large families, persons with disabilities). This Section includes a community’s Regional Housing Needs Allocation (RHNA) as determined by a community’s regional planning body in partnership with HCD.

Staff Report – Housing Element Adoption Page 4 of 19

2. Evaluation of Past Performance: Review the prior Housing Element to measure progress in implementing policies and programs.

3. Housing Sites Inventory: Identify locations of available sites for housing development or redevelopment to demonstrate there is enough land zoned for housing to meet future need at all income levels. The standards for designating adequate sites were substantially changed from the sixth cycle, particularly for non-vacant sites.

4. Community Engagement: Implement a robust community engagement program that includes reaching out to individuals and families at all economic levels of the community plus historically underrepresented groups.

5. Constraints Analysis: Analyze and recommend remedies for existing and potential governmental and nongovernmental barriers to housing development.

6. Policies and Programs: Establish policies and programs to be carried out during the 2023-2031 planning period to fulfill the identified housing needs.

7. AFFH : Analyze and address significant disparities in housing needs and access to opportunity by proposing housing goals, objectives, and policies that aid in replacing segregated living patterns with truly integrated and balanced living patterns, transforming racially and ethnically concentrated areas of poverty into areas of opportunity, and fostering and maintaining compliance with civil rights and fair housing laws.

New Requirements for the 6Th Cycle Housing Element
Pursuant to recent State legislation, the following items are now required as part of the Housing Element Update process:
• Affirmatively Furthering Fair Housing (AFFH). Assembly Bill 686 (AB 686), passed in 2018, created new requirements for jurisdictions to affirmatively further fair housing.

According to AB 686, affirmatively furthering fair housing means to take “meaningful actions, in addition to combating discrimination, which overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics” and is Federally mandated by the 1968 Fair Housing Act. The four main goals are to:
o Address significant disparities in housing needs and in access to opportunity, and o Replace segregated living patterns with truly integrated and balanced living patterns, and
o Transform racially and ethnically concentrated areas of poverty into areas of opportunity, and
o Foster and maintain compliance with civil rights and fair housing laws. • Public Comment on Draft Revisions. Assembly Bill (AB)215 (2021), requires local governments to make the first draft revision of their housing element update available for public comment for at least 30 days. Further, if any comments are received, a local government must take at least ten additional business days to consider and incorporate public comments into the draft revision before submitting to HCD. HCD must review the draft and report its written findings to the planning agency within 90 days of receiving the first draft submittal for each housing element revision or within 60 days of its receipt for a subsequent draft amendment or adoption.

Staff Report – Housing Element Adoption Page 5 of 19
Penalties for Non-Compliance
For the 6th cycle, jurisdictions face a number of new consequences for not having a certified Housing Element. Under legislation enacted in recent years, if a jurisdiction does not comply with State housing law, HCD may refer the Town to the Attorney General. Significant fines may be imposed if a jurisdiction does not comply with a court order for one year. A court finding a Housing Element inadequate may limit local land use decision-making authority until the jurisdiction brings its Housing Element into compliance, or local governments may lose the right to deny certain projects.

Conversely, an HCD-certified housing element allows jurisdictions eligible for, or with higher priority for, numerous sources of funding, such as Local Housing Allocations, Affordable Housing and Sustainable Communities Grants, SB 1 Planning Grants, CalHOME Program Grants, Infill Infrastructure Grants, Pro-Housing Design funding, Local Housing Trust Funds, and Regional Transportation Funds (such as MTC’s OneBayArea Grants).

Related Elements
• Safety Element. Jurisdictions must review and update their Safety Element to meet certain requirements concurrently with the Housing Element update. The Safety Element must be reviewed and updated to address wildfire, seismic, geologic, and flood risks.

Climate adaptation and resiliency strategies are also considered. The Community Health, Safety and Services Element was updated in March 2022 as part of the Town’s 2040 Colma General Plan update.
• SB 1035 and SB 379. Require all cities to address climate change adaptation and resilience in their general plan safety element. SB 379 is triggered by the next update of a jurisdiction’s local hazard mitigation plan (updated every five years) or before 1/1/2022, whichever is first. SB 1035 was built off SB 379, requiring the safety element to be updated every eight years upon the next housing element update. The Community Health, Safety and Services was updated in March 2022 as part of the Town’s 2040 Colma General Plan update.
• SB 1241. Applies to communities with very high fire hazard severity or unincorporated communities in state responsibility areas. Communities subject to SB1241 need to ensure consistency between the housing and safety elements to address fire risks. AB 2911 strengthened the local very high fire hazard severity zone designation. The Community Health, Safety and Services updated in March 2022 as part of the Town’s 2040 Colma General Plan update addresses fire hazards in and surrounding Colma.

Summary of Study Sessions and Prior Meetings
Over the last year, the Town of Colma has conducted a comprehensive community engagement and outreach strategy as required by Government Code to assist in informing the 6th cycle Housing Element Update Process. This strategy has included community meetings and study sessions with City Council. These meetings and study sessions are summarized below. Feedback received throughout the ongoing community engagement and outreach process has assisted staff and the consulting team in preparing the draft Housing Element Update and related items.

Staff Report – Housing Element Adoption Page 6 of 19
Study Sessions
• April 27, 2022 – City Council
2023-2031 6th Cycle Housing Element Update, staff presented to City Council and the public an overview of the progress to date, public outreach efforts, and the preliminary map of potential new housing locations (Site Inventory).

Public Meetings
• June 8, 2022 – City Council
2023-2031 6th Cycle Draft Housing Element, staff presented to City Council and the public the first draft of the Housing Element, updated Site Inventory list, and appendices to be sent to HCD for their first 90-day review.

Housing Element Requirements
The following section summarizes the contents of the Town of Colma’s Housing Element Update for the 2023-2031 Planning Period.

Housing Needs Assessment
As part of the Housing Element Update process, the Town of Colma is required to analyze the existing and projected housing needs, including its fair share of RHNA requirements. The Town’s analysis of housing needs is required to include an assessment of detailed demographic data including population age, size, and ethnicity; household characteristics; overpayment trends; housing stock conditions; units in need of replacement or rehabilitation; and needs of special needs populations including the elderly, persons with disabilities, unhoused persons, extremely low-income households, and farmworkers. Utilizing the Housing Needs Data Report
provided by ABAG, the 6th cycle Housing Element Update outlines the following housing needs for Colma.
• Senior Housing: About 13.9%1 of Colma’s population are considered seniors (over the age of 65). Colma along with San Mateo County is expected to see the senior population grow. Housing opportunities to accommodate this demographic are discussed in this Housing Element.
• Housing for Disabled Individuals: Disabilities include physical, developmental, and other special needs. Typically, individuals with disabilities are lower incomes due to the difficulties of securing long-term employment. Providing housing opportunities near transit, along with affordability is discussed in this Housing Element. • Housing for Extremely Low Income Households: Extremely Low Income (ELI) Households earn 30% of the Area Median Income (AMI) or less. In San Mateo County, for a family of four, the annual income would be $54,800 or lower.2 Housing opportunities for ELI households can also include affordable units, secondary dwelling units, emergency shelters, supportive housing, and transitional housing.

1 US Census 2020 American Community Survey
2 HCD 2021 State Income Limits

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Regional Housing Needs Allocation (RHNA)
In January of 2022, HCD approved ABAG’s adopted Final RHNA Plan for the San Francisco Bay Area: 2023-2031 which establishes a total RHNA for the San Francisco Bay Area of 441,176 residential units for the 6th cycle housing element update 2023-2031 planning period. ABAG’s Plan further distributes this RHNA across the bay area’s nine counties, and 101 cities based on demographic and population data received from the California Department of Finance (DOF).

Local jurisdictions must then utilize their ascribed RHNA to update the housing elements of their general plans for the 6th cycle planning period, inclusive of identifying eligible land resources to accommodate this RHNA. See the Sites Inventory Section below.

RHNA requirements are organized into four affordability categories, established according to the Area Median Income (AMI) of a geography. These categories include very low-income residential units, which are affordable to households earning less than 50% of AMI; low-income residential units, which are affordable to households earning between 50% and 80% of AMI; moderate income residential units, which are affordable to households earning between 80% and 120%; and above moderate-income residential units which are affordable to households earning upwards of 120% of AMI. The Town of Colma’s is included below in Figure 1 .

Figure 1: Colma’s Regional Housing Needs Allocation (RHNA) Income Category
Town of Colma RHNA
Previous Housing Element
Cycle
(2015-2023)
6th Cycle RHNA
(2023-2031)
Very Low (less than 50% of AMI) 20 44
Low (50-80% of AMI) 8 25
Moderate (80-120% of AMI) 9 37
Above Moderate (More than 120%
of AMI)
22 96
Total 59 202
Source: Final RHNA Plan for the San Francisco Bay Area: 2023-2031

RHNA Buffer
New “no net loss” provisions of Government Code Section 65863 require Colma to ensure an adequate supply of land resources to be made available for housing development throughout the duration of the 2023-2031 planning period. This means if housing sites identified within the Town’s 6th cycle housing element update are developed with non-residential uses, lower residential densities, or residential uses at affordability levels higher than anticipated by the Housing Element, Colma’s Housing Element could be determined to be out of compliance.

Accordingly, the Town’s RHNA requirement is further buffered with 21 percent to ensure compliance with ”no net loss” provisions.

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Constraints Analysis
In addition to analyzing the existing and projected housing needs of Colma, the Housing Element Update must also identify and analyze potential and actual governmental and nongovernmental constraints to the maintenance, improvement, or development of housing for all income in the community, regardless of protected class. A summary of constraints to the development and improvement of housing in Colma is included below, along with descriptions of local efforts to lessen these constraints as applicable. • Land Use/Zoning: Approximately 75% of the current land use is zoned for cemetery use in Colma. In a town that is comprised of two square miles, the lack of available land, whether it is vacant or non-vacant presents a constraint for the development of housing. • Parking Standards: 1 parking space is required for a multi-family dwelling unit having no more than one bedroom. 1.5 covered spaces are required for multi-family dwelling units having 2 or more bedrooms. Existing parking requirements can be a potential constraint to housing developments.
• Multi-family Housing Development: In residential and commercial zoning districts, certain uses are allowable by right. Multiple dwelling units of up to six, residential planned developments, or larger residential developments require a use permit.

Obtaining a use permit for certain types of residential development can be considered a barrier to building affordable housing.

Housing Resources and Sites Inventory
As part of the 6th cycle Housing Element Update, Colma is also required to identify resources available to the Town for the preservation, rehabilitation, and production of housing throughout the community. This includes programmatic and financial resources, such as those offered locally or through State or Federal partners. These resources also include land resources within the Town that were identified as eligible for accommodation of Colma’s RHNA Requirements.

Pursuant to Government Code Section 65583.2(a) the following land resources are eligible for accommodation of the Town’s RHNA: vacant sites zoned for residential use; or vacant sites zoned for nonresidential use that allows residential development; or residentially zoned sites that are capable of being developed at a higher density; or sites zoned for nonresidential use that can be redeveloped for residential use, and for which the housing element includes a program to rezone the site.

Colma’s Housing Sites Inventory is summarized below in Figure-2. Land resources identified within the below Inventory Summary are included on the attached maps, included as Attachment G.

Figure -2: Colma Housing Sites Inventory
Site Zoning
Designation
Extremely
Low Very Low Low Moderate Above
Moderate Total
Vacant/
Non-
Vacant
7733 El
Camino Commercial 4 4 8 16 Y

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1200 El
Camino Commercial 22 23 23 44 90 202 N
7778 El
Camino Commercial 7 8 15 N
Btwn. 461
& 469 B
St.

Residential 1 1 Y
El Camino
& Collins
Ave.

Planned
Development 8 8 Y
240 Collins
Ave.

Planned
Development 14 14 Y
Total 26 27 30 44 129 256
RHNA
44 (includes
Ex. Low-)
25 37 96 202
Assumptions:

Assume each site gets developed at 20 units/acre
Suitability score of 0.875=> 50% of units affordable: half Low, half Very Low Suitability score of 0.625=> 30% of units Moderate
Reallocate affordable units to consolidate affordability levels at sites Reallocate affordable units to higher affordability levels based on RHNA

Source: Town of Colma, 2022

Policies and Programs

The Housing Element Update includes a set of goals, policies, and implementing programs intended to promote the preservation, rehabilitation, and production of housing throughout Colma. Goals are long-range, broad, and comprehensive targets that describe future outcomes the Town desires. A policy is a specific instructional guideline that seeks to promote goals.

Together, goals and policies are implemented through a series of programs that identify specific, quantifiable actions the City will undertake during the 6 th cycle planning period. A
summary of Draft Goals, Policies, and Programs included within Colma’s Draft Housing Element Update is included below:

Goal A: Identify adequate sites, with appropriate zoning and development standards and services, to accommodate Colma’s share of the regional housing needs for each income level.
• Policy 1: Encourage the construction of cost-effective single-family housing that caters to all income levels and demographics in the Sterling Park Residential Neighborhood.

Policy 2: Encourage the construction of second dwelling units where appropriate.

Policy 3: Provide incentives that encourage affordable high-density residential uses near major regional transportation facilities.
o Program 1.1, Program 1.2, Program 2.1, Program 2.2, Program 3.1, Program 3.5

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Goal B: Assist in making available adequate housing to meet the needs of extremely low, very low-, low-, and moderate-income households.
• Policy 1: Encourage the construction of cost-effective single-family housing that caters to all income levels and demographics in the Sterling Park Residential Neighborhood.

Policy 2: Encourage the construction of second dwelling units where appropriate.

Policy 3: Provide incentives that encourage affordable high-density residential uses near major regional transportation facilities.

Policy 4: Provide Housing accessible to persons with special needs, including seniors, persons with disabilities, and homeless persons.

Policy 5: Assist citizens in locating and retaining affordable housing and promote equal housing opportunity and fair housing.
o Program 1.1, Program 1.2, Program 2.1, Program 2.2, Program 3.1, Program 3.2, Program 3.3, Program 3.4, Program 3.5, Program 4.5, Program 5.1, Program 5.3, Program 5.4, Program 5.5, Program 5.6

Goal C: Address and where possible, remove governmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. • Policy 3: Provide incentives that encourage affordable high-density residential uses near major regional transportation facilities.

Policy 4: Provide Housing accessible to persons with special needs, including seniors, persons with disabilities, and homeless persons.

Policy 5: Assist citizens in locating and retaining affordable housing and promote equal housing opportunity and fair housing.

Policy 8: Promote public participation transparency in housing and land use plans. o Program 3.1, Program 3.5, Program 4.1, Program 8.1, Program 8.2

Goal D: Conserve and improve the condition of the existing housing stock. • Policy 7: Promote the conservation and improvement of the condition of existing housing stock and encourage remodeling and expansion efforts by homeowners. o Program 7.1, Program 7.2, Program 7.3

Goal E: Preserve assisted housing developments at risk of conversion to market-rate. • Policy 4: Provide Housing accessible to persons with special needs, including seniors, persons with disabilities, and homeless persons.

Policy 5: Assist citizens in locating and retaining affordable housing and promote equal housing opportunity and fair housing.

Policy 7: Promote the conservation and improvement of the condition of existing housing stock and encourage remodeling and expansion efforts by homeowners. o Program 4.2, Program 5.2, Program 5.4, Program 7.1

Goal F: Affirmatively Furthering Fair Housing. Meaningful actions to promote equal housing opportunities for and combat discrimination against all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, disability, or economic background.
• Policy 4: Provide Housing accessible to persons with special needs, including seniors, persons with disabilities, and homeless persons.

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Policy 5: Assist citizens in locating and retaining affordable housing and promote equal housing opportunity and fair housing.

Policy 8: Promote public participation transparency in housing and land use plans. o Program 4.1, Program 4.2, Program 4.3, Program 4.4, Program 4.5, Program 5.1, Program 5.2, Program 5.3, Program 5.4, Program 5.6, Program 8.1, Program 8.2

Goal G: Encourage sustainable residential development that is energy efficient and consistent with existing and future Town values and policies related to reducing greenhouse gas emissions.
• Policy 6: Recommend and promote energy conservation in existing and new housing. o Program 6.1, Program 6.2

Goal H: When opportunity sites are developed, they require provision of public benefits with values proportional to the project's building square footage, in excess of established development standards.
• Policy 3: Provide incentives that encourage affordable high-density residential uses near major regional transportation facilities.

Policy 6: Recommend and promote energy conservation in existing and new housing. o Program 3.3, Program 3.4, Program 6.1

AFFH

Assembly Bill 686 (AB 686), passed in 2018, created new requirements for jurisdictions to affirmatively further fair housing as part of the Housing Element Update process. These requirements found in Government Code Section 8899.50 are intended to address racial inequalities seen today throughout the Bay Area which developed through historical policies and practices enacted at federal, state, regional, and local levels and across the public and private sectors. Though many of these explicit forms of historical discrimination have been outlawed, the results of these systems have left a lasting imprint on both the Bay Area region and Colma.

Racially explicit practices (e.g., racial covenants) which excluded persons of color from predominately white neighborhoods have been replaced with race-neutral land use policies that continue to exclude these same groups. Furthermore, rapidly increasing housing costs have deepened racial and economic disparity and segregation, displacing many low income and people of color to the peripheries of the region or out of the Bay Area all together.

Accordingly, the Town must incorporate fair housing considerations into its 6 th Cycle Housing
Element Update to increase housing opportunities in high resource neighborhoods and bring additional resources to traditionally under-resourced neighborhoods. The following Section summarizes the components of the required AFFH component of Colma’s Housing Element Update.

Targeted Community Outreach
The Town of Colma must demonstrate “meaningful, frequent, and ongoing community participation, consultation, and coordination” as part of the 6 th Cycle Housing Element Update
Process. This is intended to ensure that input has been received from groups historically and

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presently most impacted by fair housing issues and that local knowledge is incorporated into Housing Elements. Accordingly, Colma’s targeted community outreach efforts included:
• To promote the survey and outreach events, a flyer was created and sent to residents.

This flyer included information for outreach events, the first City Council public hearing for the Housing Element, and a link with a QR code to the survey. Written on the flyer, in English, traditional Chinese, Spanish, and Tagalog were translation services available to those who require language assistance.
• Staff participated in a several events to help promote the Housing Element Update and engage with the community. A barbeque event at Veterans Village where staff was able to meet and discuss housing needs with lower income individuals, some that are disabled, and over the age of 65. The Eggstravaganza Easter event children were asked to dream about what their future home in Colma would look like. At this event this also provided the opportunity for their parent(s) or guardians to provide their feedback on their ideal vision of Colma’s future housing needs. During the senior luncheon, staff had the opportunity to engage with this demographic and understand their needs and how their housing needs have changed. The “Coffee with a planner” event provided the public to sit down with staff and have a free-flowing discussion about housing. The Earth Day event with the recreation department, this also provided another opportunity for children, parents, guardians, and families to engage in the Housing Element Update process.

Assessment of Fair Housing

Colma must also describe and analyze the unique housing circumstances of the Town. This analysis is referred to as an Assessment of Fair Housing (AFH) and analyzes circumstances within the Town pertaining to Fair Housing issues including:

Fair Housing Outreach Capacity and Enforcement

Colma’s AFH includes information regarding the Town’s Fair Housing Outreach Capacity and Enforcement methods which includes information on the Town’s website for residents and other community members. Fair housing issues are usually referred to the appropriate agencies, usually the County of San Mateo Housing Authority would be the first point of contact along with Project Sentinel a non-profit that assists individuals that have faced housing discrimination.

The Town currently enforces fair housing laws through the policies and code for compliance with State Law. If fair housing issues are reported by residents or potential residents, the Planning Department and Code Enforcement cooperatively work together to remediate the complaint.

• No fair housing complaints were filed in the Town of Colma from 2017 to 2021. • Limits on Growth Controls Law (Gov Code Section 65589.5) The Town does not have any growth control measures and has not rejected any proposals for housing projects that met objective planning and zoning criteria in the current cycle.

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Segregation And Integration Patterns

Colma’s AFH also analyzes segregation and integration patterns within the jurisdiction as well as regionally. Segregation and integration patterns are analyzed by evaluating the concentration (or lack thereof) of protected groups within the community, relative to their distribution across a larger geography. This is shown in Figure 3 (Attachment G), Map of Neighborhood Segregation.

• Colma is entirely contained within a single census tract— the standard geographic measure for “neighborhoods” in U.S. Census data products. As such, the Town does not contain any racial/ethnic concentrations, poverty concentrations, or concentrations of housing problems.
• The composite opportunity score for Colma shows the town to be a “moderate resource area,” and the Social Vulnerability Index (SVI) provided by the Centers for Disease Control and Prevention (CDC) ranks the town as “moderately vulnerable” to a disaster (based on four themes: socioeconomic status, household composition, race or ethnicity, and housing and transportation).

Compared to the Bay Area, Colma has a lower share of white residents, a higher share of Latinx residents, a lower share of Black residents, and a higher share of Asian/Pacific Islander residents. This is shown in Figure 4 (Attachment G), Population by Racial Group, Colma, and the Region
Using the Racial dot map in Figure 5, (Attachment G), the visual provides how multiple racial groups are distributed within a specific geography. In Colma, the distribution patterns show that segregation is lower in Town because there are no patterns or clusters that support certain a concentration of one racial group over another.

Racially and/or Ethnically Concentrated Areas of Poverty (R/ECAPS)

Colma’s AFH includes an analysis of Racially and or Ethnically Concentrated Areas of Poverty (R/ECAPS) which are areas in the Town defined by HUD as (1) having a non-White population of 50 percent or more, and (2) Having extreme levels of poverty, meaning either: (a) At least 40 percent of the population lives at or below the federal poverty line, or (b) The poverty rate is three times the average census tract level poverty rate in the region, whichever is less.

In 2010 three Census tracts qualify as R/ECAPs (19.4% poverty rate) in the County, and 11 are eligible as edge R/ECAPs (13% poverty rate). None of the R/ECAPs were in the Town of Colma in 2010. In 2019 two Census tracts qualify as R/ECAPs (19.1% poverty rate) in the County, and 14 are eligible as edge R/ECAPs (12.8% poverty rate). None of the R/ECAPs were in the Town of Colma in 2019. Looking at the surrounding R/ECAPs in Daly City over the past decade, it appears that the census tracts that were identified in 2010 were no longer considered R/ECAPs in 2019. While Daly City and South San Francisco are bordering jurisdictions to Colma, the identified R/ECAPs do not affect the Town.

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Disparities In Access to Opportunity

Colma’s AFH also evaluates disparities in access to opportunity within the Town which are areas that have substantial differences in access to education, transportation, economic, and environmental outcomes than other areas as identified by the California Tax Credit Allocation Committee (TCAC).

Colma scores between 0.25 and 0.5— opportunity scores are presented on a scale from zero to one. The higher the number, the more positive the outcomes (Figure 6, Attachment G). In the northern part of San Mateo County, almost all Census tracts east of Highway 280, including Colma, have lower education scores (Less than 0.25 and between 0.25 and .5) compared to those Census tracts west of Highway 280. Lower education scores in these areas could be related to language barriers where Jefferson Union has a higher share of English learners (36% compared to 20% countywide) and a concentration of lower income households where students qualify for reduced lunch (44% compared to 29% countywide) compared to the countywide proportion.

Disproportionate Housing Needs (For Low-Income Households and Protected Classes)

Colma’s AFH also evaluates disproportionate housing needs among low-income households and protected classes within the Town. Disproportionate housing needs are evident when members of a protected group disproportionately experience a housing need in comparison to other groups or the total population. Disproportionate housing needs typically refer to the risk of displacement, over-crowing, or cost-burdened, among others.

Racial and ethnic minority populations are disproportionately impacted by poverty, low household incomes, overcrowding, and homelessness, compared to the non-Hispanic White population in the Town of Colma. Additionally, racial and ethnic minorities are more likely to be denied a home mortgage loan.
• Aside from Asian/API residents, racial and ethnic minority populations generally have higher poverty rates. Black or African American incomes are the lowest of any racial or ethnic minority population in the Town of Colma.
• Racial and ethnic minorities are more likely than non-Hispanic White households to experience overcrowding. Low and moderate-income households are also more likely to be overcrowded.
• Hispanic and Asian/API households have the highest denial rates for mortgage loan applications in 2018 and 2019.

Sites Inventory

State Law requires Colma to evaluate whether Housing Sites identified as suitable for accommodation of the Town’s RHNA requirements are identified relative to the full scope of the assessment of fair housing (e.g., segregation and integration, racially and ethnically concentrated areas of poverty and affluence, access to opportunity, etc.). A summary of how Housing Sites were identified consistent with AFFH requirements is included below:

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• Improved Conditions: An analysis of the sites identified discussed how each site can affirmatively further fair housing. This analysis consists of the distribution of various income units, proximity to or concentration of poverty, educational outcomes, social vulnerability, job proximity, access to transportation, environmental scores, and flood hazards. Since there are no concentrated areas of poverty or affluence in Colma, the site inventory will not negatively affect this area of AFFH. The analysis can be found in in Attachment E, called “Appendix B, Colma Fair Housing Assessment”.

• Exacerbated Conditions: Since Colma does not have an existing pattern of segregation, the site inventory should not pose a significant impact. While Veterans Village primarily consists of lower income households, in this cycle, there are no sites that have been identified in the immediate area. On the sites that have been projected to include lower income household units, moderate- and above moderate-income units are also included.

• Isolation of the RHNA: The sites inventory distributes income units to various parts of the Town and integrates them with various income types. Residents in these sites should have access to the same or improved access to resources as the current residents.

• Local Data and Knowledge: The most recent significant residential development in Colma would be Veterans Village. This project helped meet the needs of many individuals covering many demographics. In the 2015-2023 Housing Element 5th cycle, a total of 75 units were built surpassing the Town’s RHNA allocation by 16. There are no current or future housing proposals at this time, however, staff has been in contact with several developers and they have expressed interest in the sites in the Inventory List.

Goals, Policies, and Actions

Figure 7 (Attachment G), AFFH Action Plan summarizes the policies and programs required by State Law to demonstrate Colma’s commitment to affirmatively further fair housing as part of the Housing Element Update Process. This table identifies the Town’s fair housing issues, contributing factors, objectives, meaningful actions, and a timeline.

Evaluation of Past Progress

Pursuant to State Law the following table summarizes the implementation status of Goals, Policies and Programs from the Colma’s 5
th cycle Housing Element Update. A number of
identified policies and programs from the 2015 Housing Element that will be carried over into the 2023 Housing Element. Some programs have been modified to strengthen the program, some consolidated into one program, and others eliminated.

Community Engagement

Consistent with State Law, the Town has conducted ongoing community outreach efforts throughout the 6
th Cycle Housing Element Update process. These efforts, inclusive of City Council meetings held prior to today are summarized within the Housing Element Public Participation of the Housing Element Update and below.

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Community Meetings & Study Sessions

Study Sessions
• April 27, 2022 – City Council
2023-2031 6th Cycle Housing Element Update, staff presented to City Council and the public an overview of the progress to date, public outreach efforts, and the preliminary map of potential new housing locations (Site Inventory).

Public Meetings
• June 8, 2022 – City Council
2023-2031 6th Cycle Draft Housing Element, staff presented to City Council and the public the first draft of the Housing Element, updated Site Inventory list, and appendices to be sent to HCD for their first 90-day review.

In addition to City Council study sessions and meetings, a comprehensive outreach plan was created that included several events both in-person and virtual, as well as utilizing traditional and social media.

To promote the survey and outreach events, a flyer was created and sent to residents (360 households). This flyer included information for outreach events, the first City Council public hearing for the Housing Element, and a link with a QR code to the Housing Element Update survey. This survey set out to assess current housing conditions, the community’s priorities regarding future housing, and to gather information on housing constraints. It was available online using the Mentimeter app and paper copies were distributed at various outreach events in the month of April.

The Town launched its Housing Element Update website to provide an overview of the project, purpose for the update, key benefits for the update, an explanation RHNA, ways to participate in the update process, a housing element video, and links to the housing survey. The Town also utilized Facebook, Twitter, and Simplicity.

There were five in-person events in the month of April, where the goals were to promote the Housing Element Update, reach a wide range of individuals from varying demographics, and provide as many opportunities to engage with the public.

In early May 2022, staff participated in a presentation to a collection of housing advocates, the San Mateo County Equity Advisory Group. During this presentation, the Town’s Goals, Policies, Programs, and Objectives were discussed and their feedback was given. In September 2022, staff hosted a Housing Leadership Council staff member for a tour of the housing opportunity sites in Town and provided additional information for the Draft Housing Element.

Review Process

On June 16, 2022, the Town submitted the draft Housing Element to HCD for a mandatory 90- day review.

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On August 9, 2022, HCD contacted the Town to schedule a meeting with staff to clarify several questions and concerns about the Draft Housing Element. The meeting was scheduled on August 17, 2022, and preliminary feedback was provided by HCD through email as a courtesy request. In response, staff revised the Draft Housing Element and included additional information and analysis. This revised draft was available to the public on August 26, 2022, for a 7-day review and comment period. The Town did not receive any comments during this most recent review period. This revised draft was sent to HCD on September 2, 2022 as part of the initial 90-day review.

On September 14, 2022, the Town received HCD’s findings regarding the Element’s compliance with state law. Attached to the resolution for the adoption of the Housing Element are Attachment B and C, demonstrating how the proposed Housing Element conforms with State law. Attachment B shows that the Housing Element conforms with each provision contained in the housing element statutes. Attachment C contains a response to each of HCD’s findings.

The following section outlines HCD’s required changes, including information on the City’s response. Please refer to Attachment H for a copy of HCD’s first 90-day review letter for the Town, dated September 14, 2022.

Required Findings

1. The proposed General Plan text will have acceptable effects on the general welfare of the community. Under the Introduction section of the 2040 General Plan, the Adoption and Amendment of the Plan on page I-9 states that, “Amendments must not be made capriciously but only when a change is in the best interest of the community at large and when public health, safety and welfare is not endangered.”

The 2023-2031 Housing Element Update has been developed under careful consideration to serve the needs of current residents and future residents, and allow for more housing opportunities, without compromising the public health safety and welfare.

2. The proposed General Plan text and diagram amendments are consistent with the policies and intent of the General Plan. Under the Introduction section of the 2040 General Plan, the Adoption and Amendment of the Plan on page I-9 states that, “Because the requirement for internal consistency is never relaxed, particular care must be taken to ensure that amendments maintain consistency with text and diagrams in all Plan elements.”

The 2023-2031 Housing Element Update has been developed under careful consideration to ensure that it is consistent with the policies and intent of the General Plan.

3. The proposed General Plan text and diagram amendments are in the public interest. City Council’s Values-Based Code of Conduct guides decision making process. The General Plan is supported by these values. One of which is,” Honesty and Integrity: Decisions in the public’s best interest, Open, honest and transparent communications”.

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The 2023-2031 Housing Element Update has been developed under the public’s best interest, where open, honest, and transparent communication was exercised throughout the process.

HCD Findings Letter – Outstanding Comments

Pursuant to Government Code section 65585, subdivision (b), HCD reviewed the draft Housing Element and reported the results of its review.

Responses to each comment of Housing Element can be found in Attachment C. Changes requested by HCD were included in the revised Housing Element.

State Law - CA Government Code Title 7, Division 1, Chapter 3, Article 10.6 [65580 – 65589.11]

To be in substantial compliance with state law, a Housing Element must contain all of the elements mandated by state housing element law. (See Fonseca v. City of Gilroy (2007) 148 Cal.App.4th 1174, 1191-92.) Conformance of Housing Element with State Law Requirements, Attachment B demonstrates that Colma’s Housing Element contains each of the elements mandated by State law.

Environmental Review

The Town has prepared the necessary environmental review, consistent with CEQA, for the Draft 2023–2031 Housing Element Update.

The Town finds that the Housing Element is exempt from CEQA under the common sense exemption at 15061(b)(3) as it can be seen with certainty that the implementation of the Housing Element will not have a significant effect on the environment. The 2023-2031 Housing Element Update involves policies, programs, and actions to meet the Town’s RNHA allocation that either would not cause a significant effect on the environment or incorporates actions that have already been taken by the Town.

Further, the Environmental Impact Report for the 2040 General Plan has analyzed the growth projected by the Housing Element and no subsequent, supplemental, or addendum to the EIR is needed. Upon adoption, the 2023-2031 Housing Element will become part of the 2040 General Plan. A Final Environmental Impact Report (EIR) (SCH No. 2020069005) was certified by the Town in March 2022 and a Notice of Determination (NOD) was submitted to the State Clearinghouse (SCH) on March 23, 2022. The EIR considered and addressed growth and development opportunities and the 2023 Housing Element is consistent with the analysis and findings of the General Plan Update Final EIR. Additionally, the policies incorporated into the General Plan by the General Plan EIR include mitigation measures to avoid or mitigate environmental impacts on sites designated in the Housing Element.

COUNCIL ADOPTED VALUES
The recommendation is consistent with the Council’s value of vision in considering the broader regional and statewide implications of the Town’s decisions and issues.

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CONCLUSION
Staff recommends that the City Council review the 2023 Housing Element and adopt a resolution adopting the Housing Element.

Alternatives Considered

The City Council could opt not to adopt the resolution adopting the 2023-2031 Housing Element. This is not recommended as the Town must comply with state law and the State has set January 31, 2023 as the deadline. If the Town does not adopt before the deadline, it would put the Town at risk of the State imposing penalties, or the Town may see a legal challenge from the State or other interest groups.

ATTACHMENTS
A. Resolution 2023-XX Housing Element Adoption.

B. Compliance with Statutory Provisions.

C. Findings Responding to Letter from Department of Housing and Community Development dated 9/14/22

D. 2023 – 2031 Housing Element

E. Colma Fair Housing Assessment
F. Notice of Exemption, 2023-2031 Housing Element Update G. Figures and Maps
H. HCD 90-Day First Review Letter dated 9/14/22
I. Santa Monica Article about Builder’s Remedy
J. HEU Edits
K. Additional Resources from 21 Elements, Root Policy, Housing Element Survey Results, Children’s Outreach Activity, and Public Comment Letter

Reso 2023 - ___ - 2023-2031 Housing Element Adoption Page 1 of 5 RESOLUTION NO. 2023-__

OF THE CITY COUNCIL OF THE TOWN OF COLMA
RES
OLUTION ADOPTING A GENERAL PLAN AMENDMENT TO REPEAL THE 2015-2022 HOUSING ELEMENT AND ADOPT THE 2023-2031 HOUSING ELEMENT IN

COMPLIANCE WITH STATE HOUSING ELEMENT LAW PURSUANT TO A PREVIOUSLY

CERTIFIED ENVIRONMENTAL IMPACT REPORT AND PURSUANT TO CEQA GUIDELINE 15061(B)(3)
Th
e City Council of the Town of Colma does resolve as follows:

1. B
ackground
(a) Government Code Section 65580 of the State Planning and Zoning Law requires every jurisdiction to adopt a Housing Element.
(b) In accordance with Section 65583 of the California Government Code, “Housing Element Content,” the Town of Colma has prepared a General Plan Housing Element Update, which provides detailed background information, an assessment of housing needs, an analysis of adequate sites, resources, and constraints for residential development, an analysis of special needs housing, an analysis of housing for the homeless, and the description of the goals and policies for the creation of new residential development and the preservation of existing housing stock.
(c) In accordance with Section 65583(C)(10)(a) of the California Government Code, the Town of Colma has included an assessment for Affirmatively Furthering Fair Housing (AFFH) which includes: a summary of fair housing issues; an analysis of local data and knowledge to identify integration and segregation patterns and trends; identification of racially or ethnically concentrated areas of poverty and affluence; disparities in access to opportunity; disproportionate housing needs including displacement risk, and assessment of local and regional historical contributing factors and current policies and practices; an identification of the Town’s fair housing priorities and goals, and strategies and actions to implement those priorities and goals.
(d) The California State Department of Housing and Community Development (HCD) prepared its estimate of population growth affecting the San Francisco Bay Area, and in 2021 the Association of Bay Area Governments (ABAG) assigned a Regional Housing Need Number of 202 Units comprised of 44 very-low income units, 25 low-income units, 37 moderate-income units, and 96 above moderate-income units to the Town of Colma for the period 2023-2031. (e) To comply with State Housing Element Law, the Town of Colma has prepared Housing Element 2023-2031 (the Housing Element) in compliance with State Housing Element Law and has identified sites that can accommodate housing units meeting the City’s RHNA. (f) On April 27, 2022, a study session for the 2023-2031 Draft Housing Element (“2023 Draft Housing Element”) was held at a City Council Public Hearing. (g) Consistent with the requirements of Government Code 65585, the 2023 Draft Housing Element for the Town of Colma was published on April 29, 2022, for a 30-day public review Attachment A
Reso 2023 - ___ - 2023-2031 Housing Element Adoption Page 2 of 5 period that closed on May 28, 2022, and the Town considered public comments after the close of the comment period. On April 29, 2022, the Town posted a copy of the 2023 Draft Housing Element for public review on the Town’s website.
(h) On April 29, 2022, Town staff notified stakeholders through email of the 2023 Draft Housing Element notifying that the document was available on the Town’s website. (i) On June 8, 2022, the City Council considered the 2023 Draft Housing Element at a Public Hearing.
(j) On June 8, 2022 and prior to the Council public hearing, staff uncovered a public comment email that was originally sent on May 27, 2022, which was filtered by the Town’s server as a suspicious email.
(k) On June 17, 2022, the 2023 Draft Housing Element was submitted to the California Department of Housing and Community Development (HCD) for an initial compliance review (of up to 90 days period) as required by state law.
(l) On August 17, 2022, Town staff participated in an hour-long phone call where preliminary feedback was provided by HCD on the 2023 Draft Housing Element. (m) On August 26, 2022, a revised 2023 Draft Housing Element was prepared in response to the comments provided by HCD during the preliminary feedback and was made available to the public for a 7-day comment period.
(n) No public comments were received as a result of the email notice or posting on the Town’s website.
(o) On September 2, 2022, a revised 2023 Draft Housing Element was sent to HCD as part of the initial compliance review.
(p) On September 14, 2022, HCD issued a letter finding that the 2023 Draft Housing Element addresses many statutory requirements, but revisions will be necessary to comply with State Housing Element Law.
(q) On November 4, 2022, the Town prepared the necessary environmental review, consistent with CEQA, for the Draft 2023-2031 Housing Element Update. In this review, the Housing Element is exempt from CEQA under the common sense exemption at 15061(b)(3) as it can be seen with certainty that the implementation of the Housing Element will not have a significant effect on the environment. Additionally, the Environmental Impact Report for the 2040 General Plan has analyzed the growth projected by the Housing Element, and no subsequent, supplemental, or addendum is needed.
(r) On December 30, 2022, a Notice of Public Hearing to consider the adoption of the January 2023 Housing Element was posted on the Town’s three official bulletin boards. (s) On January 3, 2023, the 2023 Housing Element was updated to include modifications recommended by HCD and was made available for public review on the Town’s website.

Reso 2023 - ___ - 2023-2031 Housing Element Adoption Page 3 of 5 (t) As required Government Code Section 65352, emails to neighboring cities, special districts, local agencies, school districts, the Local Agency Formation Commission (LAFCO), the Association of Bay Area Governments (ABAG), the Bay Area Air Quality Management District (BAAQMD), public utility companies and additional agencies and housing organizations were sent for comment and review.
(u) On January 25, 2023, the City Council considered the 2023 Housing Element at a Public Hearing.

2. Findings
The City Council finds that:

(a) The facts stated in the foregoing recitals are true and correct; (b) The Town of Colma provided opportunities for public input as well as for public agency and public notification in the preparation and adoption of the General Plan Housing Element Update, as set forth in paragraphs 1(d) through 1(w), above; (c) Pursuant to Government Code 65358 the adoption of 2023-2031 Housing Element Update, amending the 2040 General Plan, is in the public interest as it has been developed under careful consideration to serve the needs of current residents and future residents, and allow for more housing opportunities, without compromising the public health safety and welfare of the community. Further, the 2023-2031 Housing Element is consistent with the 2040 General Plan.;
(d) The Town of Colma followed all required procedures under State Planning and Zoning Law, Cal. Gov. Code 65350,
et seq. before adopting the General Plan Housing Element Update, as set forth in paragraphs 1(g) through 1(w), above;
(e) The Housing Element substantially complies with Housing Element Law, as provided in Government Code 65580 et seq., and contains all provisions required by State Housing Element Law, as shown in Attachment A to this resolution, incorporated herein; (f) Based on substantial evidence in the record existing use and market demand, the existing uses on non-vacant sites identified in the site inventory to accommodate the RHNA are likely to be discontinued during the planning period and therefore do not constitute an impediment to planned residential development on the site during the planning period; (g) As required by Government Code Section 65585(e), the City Council has considered the findings made by the Department of Housing and Community Development included in the Department’s letter to the Town of Colma dated September 14, 2022, consistent with Government Code Section 65585(f), and as described in Attachment B, incorporated herein, the City Council has changed the Housing Element in response to the findings of the Department to substantially comply with the requirements of State Housing Element Law as interpreted by HCD.

Reso 2023 - ___ - 2023-2031 Housing Element Adoption Page 4 of 5

3. Orders
NOW THEREFORE BE IT ORDERED AS FOLLOWS:

(a) The City Council hereby adopts the 2023-2031 Housing Element and authorizes the City Manager to file all necessary material with the Department of Housing and Community Development for the Department to find that the Housing Element is in conformance with State Housing Element Law and is further directed and authorized to make all non-substantive changes to the Housing Element to make it internally consistent or to address any non- substantive changes or amendments requested by the Department to achieve certification. (b) The City Council hereby repeals the 2015 Housing Element adopted by Resolution 2015-

04. (c) Effective upon a certificate from the Department of Housing and Community Development that the City Council adopted version of the 2023 General Plan Housing Element is in substantial compliance with the law, then the Colma Administrative Code shall be amended by replacing the existing subchapter 5.05, “Housing Element,” with the “2023 Housing Element” adopted by this Resolution, and the City Clerk shall post on the Town’s website the revised Colma Administrative Code.
(d) This resolution shall become effective upon adoption. //
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Reso 2023 - ___ - 2023-2031 Housing Element Adoption Page 5 of 5 Certification of Adoption
I certify that the foregoing Resolution No. 2023-__ was duly adopted at a regular meeting of the City Council of the Town of Colma held on January 25, 2023, by the following vote:

Name Vo
ting Present, Not Voting Absent
Aye No A bstain Not Participating
Joanne F. del Rosario, Mayor
John Irish Goodwin
Ken Gonzalez
Carrie Slaughter
Helen Fisicaro
Voting Tally
Da
ted ______________________ ___________________________________ Joanne F. del Rosario, Mayor
Att
est: ____________________________
Caitlin Corley, City Clerk

ATTACHMENT B
Table: Required Findings of Substantial Compliance with State HE Law N/A: Not applicable Does not apply to HE Contents
Town of Colma
Number Gov. Code Section (Reference) General HE Topic Location in HE Subs. Compliance? 1 65583(a) An assessment of housing needs and an inventory of resources and constraints relevant to the meeting of these needs. The assessment and inventory shall include all of the following:

Quantification and Analysis of
Need H31-H45 Y
2 65583(a)(1)
An analysis of population and employment trends and documentation of projections and a quantification of the locality’s existing and projected housing needs for all income levels, including extremely low income households, as defined in subdivision (b) of Section 50105 and Section 50106 of the Health and Safety Code. These existing and projected needs shall include the locality’s share of the regional housing need in accordance with Section 65584. Local agencies shall calculate the subset of very low income households allotted under Section 65584 that qualify as extremely low income households. The local agency may either use available census data to calculate the percentage of very low income households that qualify as extremely low income households or presume that 50 percent of the very low income households qualify as extremely low income households. The number of extremely low income households and very low income households shall equal the jurisdiction’s allocation of very low income households pursuant to Section 65584.

Quantification and Analysis of
Need H31-H45 Y
3 65583(a)(2) An analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition.

Quantification and Analysis of
Need H-19H30, H31-H45 Y
4 65583(a)(3)
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, and an analysis of the relationship of the sites identified in the land inventory to the jurisdiction’s duty to affirmatively further fair housing.

Quantification and Analysis of
Need H50-H73, H116 Y
5 65583(a)(4)(A)
The identification of a zone or zones where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit. The identified zone or zones shall include sufficient capacity to accommodate the need for emergency shelter identified in paragraph (7), except that each local government shall identify a zone or zones that can accommodate at least one year- round emergency shelter. If the local government cannot identify a zone or zones with sufficient capacity, the local government shall include a program to amend its zoning ordinance to meet the requirements of this paragraph within one year of the adoption of the housing element. The local government may identify additional zones where emergency shelters are permitted with a conditional use permit. The local government shall also demonstrate that existing or proposed permit processing, development, and management standards are objective and encourage and facilitate the development of, or conversion to, emergency shelters. Emergency shelters may only be subject to those development and management standards that apply to residential or commercial development within the same zone except that a local government may apply written, objective standards that include all of the following:

Zoning for a Variety of Housing
Types
H40-H46, H74, H104-
H105, H107-108, H-126 Y
6 65583(a)(4)(B)
Emergency shelters shall only be subject to the following written, objective standards: (i) The maximum number of beds or persons permitted to be served nightly by the facility; (ii) 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 residential or commercial uses within the same zone; (iii) The size and location of exterior and interior onsite waiting and client intake areas; (iv) The provision of onsite management; (v) The proximity to other emergency shelters, provided that emergency shelters are not required to be more than 300 feet apart; (vi) The length of stay; (vii) Lighting; and (viii) Security during hours that the emergency shelter is in operation.

Housing Element Program
Evaluation (2015-2023) H-126 Y
Sec. 65583. the housing element shall consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing. The housing element shall identify adequate sites for housing, including rental housing, factory-built housing, mobilehomes, and emergency shelters, and shall make adequate provision for the existing and projected needs of all economic segments of the community.

The element shall contain all of the following:
7 65583(a)(4)(A)(i) The maximum number of beds or persons permitted to be served nightly by the facility. Zoning for a Variety of Housing Types H-112 Y
8 65583(a)(4)(A)(ii) 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 residential or commercial uses within the same zone.

Zoning for a Variety of Housing
Types N/A N/A
9 65583(a)(4)(A)(iii) The size and location of exterior and interior onsite waiting and client intake areas.

Zoning for a Variety of Housing
Types N/A N/A
10 65583(a)(4)(A)(iv) The provision of onsite management. Zoning for a Variety of Housing Types

N/A N/A
11 65583(a)(4)(A)(v) The proximity to other emergency shelters, provided that emergency shelters are not required to be more than 300 feet apart. Zoning for a Variety of Housing Types

N/A N/A
12 65583(a)(4)(A)(vi) The length of stay. Zoning for a Variety of Housing Types

N/A N/A
13 65583(a)(4)(A)(vii) Lighting. Zoning for a Variety of Housing Types

N/A N/A
14 65583(a)(4)(A)(viii) Security during hours that the emergency shelter is in operation. Zoning for a Variety of Housing Types

N/A N/A
15 65583(a)(4)(B)
The permit processing, development, and management standards applied under this paragraph shall not be deemed to be discretionary acts within the meaning of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).

N/A N/A
16 65583(a)(4)(C)
A local government that can demonstrate to the satisfaction of the department the existence of one or more emergency shelters either within its jurisdiction or pursuant to a multijurisdictional agreement that can accommodate that jurisdiction’s need for emergency shelter identified in paragraph (7) may comply with the zoning requirements of subparagraph (A) by identifying a zone or zones where new emergency shelters are allowed with a conditional use permit.

Zoning for a Variety of Housing
Types H43, H126 Y
17 65583(a)(4)(D)
A local government with an existing ordinance or ordinances that comply with this paragraph shall not be required to take additional action to identify zones for emergency shelters. The housing element must only describe how existing ordinances, policies, and standards are consistent with the requirements of this paragraph.

Zoning for a Variety of Housing
Types H43, H126 Y
18 65583(a)(4)(H)
The zoning designation(s) where emergency shelters are allowed, as described in subparagraph (A), shall include sites that meet at least one of the following standards: (i) vacant sites zoned for residential use; (ii) vacant sites zoned for nonresidential use that allow residential development, if the local government can demonstrate how the sites with this zoning designation that are being used to satisfy the requirements of paragraph (1) are located near amenities and services that serve people experiencing homelessness, which may include, health care, transportation, retail, employment, and social services, or that the local government will provide free transportation to services or offer services onsite; (iii) nonvacant sites zoned for residential use or for nonresidential use that allow residential development that are suitable for use as a shelter in the current planning period, or which can be redeveloped for use as a shelter in the current planning period. A nonvacant site with an existing use shall be presumed to impede emergency shelter development absent an analysis based on substantial evidence that the use is likely to be discontinued during the planning period. The analysis shall consider current market demand for the current uses, market conditions, and incentives or standards to encourage shelter development.

Zoning for a Variety of Housing
Types H43, H126 Y
19 65583(a)(4)(I)
The zoning designation or designations shall have sufficient sites meeting the requirements of subparagraph (H) to accommodate the need for shelters identified pursuant to paragraph (7). The number of people experiencing homelessness that can be accommodated on any site shall be demonstrated by dividing the square footage of the site by a minimum of 200 square feet per person, unless the locality can demonstrate that one or more shelters were developed on sites that have fewer square feet per person during the prior planning period or the locality provides similar evidence to the department demonstrating that the site can accommodate more people experiencing homelessness. Any standard applied pursuant to this subparagraph is intended only for calculating site capacity pursuant to this section, and shall not be constructed as establishing a development standard applicable to the siting, development, or approval of a shelter.

Zoning for a Variety of Housing
Types H43-H44 Y
20 65583(a)(4)(J)
Notwithstanding subparagraph (H), a local government may accommodate the need for emergency shelters identified pursuant to paragraph (7) on sites owned by the local government if it demonstrates with substantial evidence that the sites will be made available for emergency shelter during the planning period, they are suitable for residential use, and the sites are located near amenities and services that serve people experiencing homelessness, which may include health care, transportation, retail, employment, and social services, or that the local government will provide free transportation to services or offer services onsite.

Zoning for a Variety of Housing
Types H43-H44 Y
21 65583(a)(5)
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, local processing and permit procedures, and any locally adopted ordinances that directly impact the cost and supply of residential development. The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Section 65584 and from meeting the need for housing for persons with disabilities, supportive housing, transitional housing, and emergency shelters identified pursuant to paragraph (7).

Actual and Potential
Governmental Constraints H4, H74-H76 Y
22 65583(a)(6)
An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, the price of land, the cost of construction, the requests to develop housing at densities below those anticipated in the analysis required by subdivision (c) of Section 65583.2, and the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a locality’s share of the regional housing need in accordance with Section 65584. The analysis shall also demonstrate local efforts to remove nongovernmental constraints that create a gap between the locality’s planning for the development of housing for all income levels and the construction of that housing.

Potential and Actual
Nongovernmental Constraints H4, H65-H73 Y
23 65583(a)(7)
An analysis of any special housing needs, such as those of the elderly; persons with disabilities, including a developmental disability, as defined in Section 4512 of the Welfare and Institutions Code; large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter. The need for emergency shelter shall be assessed based on the capacity necessary to accommodate the most recent homeless point-in-time count conducted before the start of the planning period, the need for emergency shelter based on number of beds available on a year-round and seasonal basis, the number of shelter beds that go unused on an average monthly basis within a one-year period, and the percentage of those in emergency shelters that move to permanent housing solutions. The need for emergency shelter may be reduced by the number of supportive housing units that are identified in an adopted 10-year plan to end chronic homelessness and that are either vacant or for which funding has been identified to allow construction during the planning period. An analysis of special housing needs by a city or county may include an analysis of the need for frequent user coordinated care housing services.

Housing Needs for Special Needs
Populations H32-H45, H-117 Y
24 65583(a)(8)
An analysis of opportunities for energy conservation with respect to residential development. Cities and counties are encouraged to include weatherization and energy efficiency improvements as part of publicly subsidized housing rehabilitation projects. This may include energy efficiency measures that encompass the building envelope, its heating and cooling systems, and its electrical system.

Miscellaneous
H8, H112-H113, H129-130 Y
25 65583(a)(9)
An analysis of existing assisted housing developments that are eligible to change from low-income housing uses during the next 10 years due to termination of subsidy contracts, mortgage prepayment, or expiration of restrictions on use. “Assisted housing developments,” for the purpose of this section, shall mean multifamily rental housing that receives governmental assistance under federal programs listed in subdivision (a) of Section 65863.10, state and local multifamily revenue bond programs, local redevelopment programs, the federal Community Development Block Grant Program, or local in-lieu fees. “Assisted housing developments” shall also include multifamily rental units that were developed pursuant to a local inclusionary housing program or used to qualify for a density bonus pursuant to Section 65916.

Affordable Housing Units At-Risk
of Conversion
N/A, There are no
housing developments
at risk in the next 10
years. H-30 provides
additional analysis
N/A
26 65583(a)(9)(A)
The analysis shall include a listing of each development by project name and address, the type of governmental assistance received, the earliest possible date of change from low-income use, and the total number of elderly and nonelderly units that could be lost from the locality’s low-income housing stock in each year during the 10-year period. For purposes of state and federally funded projects, the analysis required by this subparagraph need only contain information available on a statewide basis.

Affordable Housing Units At-Risk
of Conversion
N/A, There are no
housing developments
at risk in the next 10
years. H-30 provides
additional analysis
N/A
27 65583(a)(9)(B)
The analysis shall estimate the total cost of producing new rental housing that is comparable in size and rent levels, to replace the units that could change from low-income use, and an estimated cost of preserving the assisted housing developments. This cost analysis for replacement housing may be done aggregately for each five-year period and does not have to contain a project-by-project cost estimate.

Affordable Housing Units At-Risk
of Conversion
N/A, There are no
housing developments
at risk in the next 10
years. H-30 provides
additional analysis
N/A
28 65583(a)(9)(C) The analysis shall identify public and private nonprofit corporations known to the local government that have legal and managerial capacity to acquire and manage these housing developments.

Affordable Housing Units At-Risk
of Conversion
N/A, There are no
housing developments
at risk in the next 10
years. H-30 provides
additional analysis
N/A
29 65583(a)(9)(D)
The analysis shall identify and consider the use of all federal, state, and local financing and subsidy programs that can be used to preserve, for lower income households, the assisted housing developments, identified in this paragraph, including, but not limited to, federal Community Development Block Grant Program funds, tax increment funds received by a redevelopment agency of the community, and administrative fees received by a housing authority operating within the community. In considering the use of these financing and subsidy programs, the analysis shall identify the amounts of funds under each available program that have not been legally obligated for other purposes and that could be available for use in preserving assisted housing developments.

Affordable Housing Units At-Risk
of Conversion
N/A, There are no
housing developments
at risk in the next 10
years. H-30 provides
additional analysis
N/A
30 65583(b)(1) A statement of the community’s goals, quantified objectives, and policies relative to affirmatively furthering fair housing and to the maintenance, preservation, improvement, and development of housing. Public Participation H50, H55-H58, H95-H116 Y 31 65583(b)(2)
It is recognized that the total housing needs identified pursuant to subdivision (a) may exceed available resources and the community’s ability to satisfy this need within the content of the general plan requirements outlined in Article 5 (commencing with Section 65300). Under these circumstances, the quantified objectives need not be identical to the total housing needs. The quantified objectives shall establish the maximum number of housing units by income category, including extremely low income, that can be constructed, rehabilitated, and conserved over a five-year time period.

Quantification and Analysis of
Need H59-H73, H-116 Y
32 65583(c)
A program that sets forth a schedule of actions during the planning period, each with a timeline for implementation, that may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element through the administration of land use and development controls, the provision of regulatory concessions and incentives, the utilization of appropriate federal and state financing and subsidy programs when available, and the utilization of moneys in a low- and moderate-income housing fund of an agency if the locality has established a redevelopment project area pursuant to the Community Redevelopment Law (Division 24 (commencing with Section 33000) of the Health and Safety Code). In order to make adequate provision for the housing needs of all economic segments of the community, the program shall do all of the following:

Schedule of Actions/Programs H95-H116 Y
33 65583(c)(1)
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 Section 65584.09. Sites shall be identified as needed to affirmatively further fair housing and 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.

Schedule of Actions/Programs H31-H32, H50-73, H95-
H116 Y
34 65583(c)(1)(A)
Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, rezoning of those sites, including adoption of minimum density and development standards, for jurisdictions with an eight-year housing element planning period pursuant to Section 65588, shall be completed no later than three years after either the date the housing element is adopted pursuant to subdivision (f) of Section 65585 or the date that is 90 days after receipt of comments from the department pursuant to subdivision (b) of Section 65585, whichever is earlier, unless the deadline is extended pursuant to subdivision (f). Notwithstanding the foregoing, for a local government that fails to adopt a housing element that the department has found to be in substantial compliance with this article within 120 days of the statutory deadline in Section 65588 for adoption of the housing element, rezoning of those sites, including adoption of minimum density and development standards, shall be completed no later than one year from the statutory deadline in Section 65588 for adoption of the housing element.

Schedule of Actions/Programs N/A N/A
35 65583(c)(1)(B)
Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, the program shall identify sites that can be developed for housing within the planning period pursuant to subdivision (h) of Section 65583.2. The identification of sites shall include all components specified in Section 65583.2.

Schedule of Actions/Programs N/A N/A
36 65583(c)(1)(C)
Where the inventory of sites pursuant to paragraph (3) of subdivision (a) does not identify adequate sites to accommodate the need for farmworker housing, the program shall provide for sufficient sites to meet the need with zoning that permits farmworker housing use by right, including density and development standards that could accommodate and facilitate the feasibility of the development of farmworker housing for low- and very low income households.

Schedule of Actions/Programs N/A N/A
37 65583(c)(2)
Assist in the development of adequate housing to meet the needs of extremely low, very low, low-, and moderate-income households.

Schedule of Actions/Programs H95-H116 Y
38 65583(c)(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. Transitional housing and supportive housing shall be considered a residential use of property and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. Supportive housing, as defined in Section 65650, shall be a use by right in all zones where multifamily and mixed uses are permitted, as provided in Article 11 (commencing with Section 65650).

Schedule of Actions/Programs H95-H116 Y
39 65583(c)(4) Conserve and improve the condition of the existing affordable housing stock, which may include addressing ways to mitigate the loss of dwelling units demolished by public or private action.

Schedule of Actions/Programs H92-H94, H113-H115,
H130-H133 Y
40 65583(c)(5)
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.

Schedule of Actions/Programs H50-H58, H95-H116 Y
41 65583(c)(6)
Preserve for lower income households the assisted housing developments identified pursuant to paragraph (9) of subdivision (a). The program for preservation of the assisted housing developments shall utilize, to the extent necessary, all available federal, state, and local financing and subsidy programs identified in paragraph (9) of subdivision (a), except where a community has other urgent needs for which alternative funding sources are not available. The program may include strategies that involve local regulation and technical assistance.

Schedule of Actions/Programs H95-H97, H106-H112 Y
42 65583(c)(7)
Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at affordable rent, as defined in Section 50053 of the Health and Safety Code, for very low, low-, or moderate-income households. For purposes of this paragraph, “accessory dwelling units” has the same meaning as “accessory dwelling unit” as defined in paragraph (4) of subdivision (i) of Section 65852.2.

Schedule of Actions/Programs H57-H58, H-74, H95-H97,
H99-H100 Y
43 65583(c)(8) Include an identification of the agencies and officials responsible for the implementation of the various actions and the means by which consistency will be achieved with other general plan elements and community goals.

Schedule of Actions/Programs H7-H8, H74-H85, H95-
H116 Y
44 65583(c)(9) Include a diligent effort by the local government to achieve public participation of all economic segments of the community in the development of the housing element, and the program shall describe this effort.

Public Participation H46-H49 Y
45 65583(c)(10)(A) Affirmatively further fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2. The program shall include an assessment of fair housing in the jurisdiction that shall include all of the following components:

Affirmatively Further Fair
Housing H50-H58, H95-H116 Y
46 65583(c)(10)(A)(i)
A summary of fair housing issues in the jurisdiction and an assessment of the jurisdiction’s fair housing enforcement and fair housing outreach capacity.

Affirmatively Further Fair
Housing
H50-H54, Appendix B pg
7-15 Y
47 65583(c)(10)(A)(ii)
An analysis of available federal, state, and local data and knowledge to identify integration and segregation patterns and trends, racially or ethnically concentrated areas of poverty and affluence, disparities in access to opportunity, and disproportionate housing needs, including displacement risk. The analysis shall identify and examine such patterns, trends, areas, disparities, and needs, both within the jurisdiction and comparing the jurisdiction to the region in which it is located, based on race 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) and Section 65008.

Affirmatively Further Fair
Housing
H50-H54, Appendix B pg
15-33 Y
48 65583(c)(10)(A)(iii) An assessment of the contributing factors, including the local and regional historical origins and current policies and practices, for the fair housing issues identified under clauses (i) and (ii).

Affirmatively Further Fair
Housing
H50-H54, Appendix B
pg. 8-9 Y
49 65583(c)(10)(A)(iv)
An identification of the jurisdiction’s fair housing priorities and goals, giving highest priority to those factors identified in clause (iii) that limit or deny fair housing choice or access to opportunity, or negatively impact fair housing or civil rights compliance, and identifying the metrics and milestones for determining what fair housing results will be achieved.

Affirmatively Further Fair
Housing H55-H58 Y
50 65583(c)(10)(A)(v)
Strategies and actions to implement those priorities and goals, which may include, but are not limited to, enhancing mobility strategies and encouraging development of new affordable housing in areas of opportunity, as well as place-based strategies to encourage community revitalization, including preservation of existing affordable housing, and protecting existing residents from displacement.

Affirmatively Further Fair
Housing H55-H58, H95-H116 Y
51 65583(c)(10)(B)
A jurisdiction that completes or revises an assessment of fair housing pursuant to Subpart A (commencing with Section 5.150) of Part 5 of Subtitle A of Title 24 of the Code of Federal Regulations, as published in Volume 80 of the Federal Register, Number 136, page 42272, dated July 16, 2015, or an analysis of impediments to fair housing choice in accordance with the requirements of Section 91.225 of Title 24 of the Code of Federal Regulations in effect before August 17, 2015, may incorporate relevant portions of that assessment or revised assessment of fair housing or analysis or revised analysis of impediments to fair housing into its housing element.

Affirmatively Further Fair
Housing N/A N/A
52 65583(c)(10)(C)
The requirements of this paragraph shall apply to housing elements due to be revised pursuant to Section 65588 on or after January 1, 2021.

Affirmatively Further Fair
Housing

N/A N/A
53 65583(d)(1)
A local government may satisfy all or part of its requirement to identify a zone or zones suitable for the development of emergency shelters pursuant to paragraph (4) of subdivision (a) by adopting and implementing a multijurisdictional agreement, with a maximum of two other adjacent communities, that requires the participating jurisdictions to develop at least one year-round emergency shelter within two years of the beginning of the planning period.

Zoning for a Variety of Housing
Types N/A N/A
54 65583(d)(2)
The agreement shall allocate a portion of the new shelter capacity to each jurisdiction as credit toward its emergency shelter need, and each jurisdiction shall describe how the capacity was allocated as part of its housing element.

Zoning for a Variety of Housing
Types

N/A N/A
55 65583(d)(3) Each member jurisdiction of a multijurisdictional agreement shall describe in its housing element all of the following: N/A N/A 56 65583(d)(3)(A) How the joint facility will meet the jurisdiction’s emergency shelter need. Zoning for a Variety of Housing Types

N/A N/A
57 65583(d)(3)(B) The jurisdiction’s contribution to the facility for both the development and ongoing operation and management of the facility. Zoning for a Variety of Housing Types

N/A N/A
58 65583(d)(3)(C) The amount and source of the funding that the jurisdiction contributes to the facility. Zoning for a Variety of Housing Types

N/A N/A
59 65583(d)(4) The aggregate capacity claimed by the participating jurisdictions in their housing elements shall not exceed the actual capacity of the shelter.

Zoning for a Variety of Housing
Types

N/A N/A
60 65583(e) Except as otherwise provided in this article, amendments to this article that alter the required content of a housing element shall apply to both of the following:

Does not apply to Town
of Colma HE Contents
Does not apply to
HE Contents
61 65583(e)(1)
A housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when a city, county, or city and county submits a draft to the department for review pursuant to Section 65585 more than 90 days after the effective date of the amendment to this section.

N/A N/A
62 65583(e)(2)
Any housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when the city, county, or city and county fails to submit the first draft to the department before the due date specified in Section 65588 or 65584.02.

N/A N/A
63 65583(f)
The deadline for completing required rezoning pursuant to subparagraph (A) of paragraph (1) of subdivision (c) shall be extended by one year if the local government has completed the rezoning at densities sufficient to accommodate at least 75 percent of the units for low- and very low income households and if the legislative body at the conclusion of a public hearing determines, based upon substantial evidence, that any of the following circumstances exist:

N/A N/A
64 65583(f)(1) The local government has been unable to complete the rezoning because of the action or inaction beyond the control of the local government of any other state, federal, or local agency.

N/A N/A
65 65583(f)(2) The local government is unable to complete the rezoning because of infrastructure deficiencies due to fiscal or regulatory constraints. N/A N/A 66 65583(f)(3) The local government must undertake a major revision to its general plan in order to accommodate the housing-related policies of a sustainable communities strategy or an alternative planning strategy adopted pursuant to Section 65080.

N/A N/A
67 The resolution and the findings shall be transmitted to the department together with a detailed budget and schedule for preparation and adoption of the required rezonings, including plans for citizen participation and expected interim action. The schedule shall provide for adoption of the required rezoning within one year of the adoption of the resolution. N/A N/A 68 65583(g)(1)
If a local government fails to complete the rezoning by the deadline provided in subparagraph (A) of paragraph (1) of subdivision (c), as it may be extended pursuant to subdivision (f), except as provided in paragraph (2), a local government may not disapprove a housing development project, nor require a conditional use permit, planned unit development permit, or other locally imposed discretionary permit, or impose a condition that would render the project infeasible, if the housing development project (A) is proposed to be located on a site required to be rezoned pursuant to the program action required by that subparagraph and (B) complies with applicable, objective general plan and zoning standards and criteria, including design review standards, described in the program action required by that subparagraph. Any subdivision of sites shall be subject to the Subdivision Map Act (Division 2 (commencing with Section 66410)). Design review shall not constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.

N/A N/A
69 65583(g)(2) A local government may disapprove a housing development described in paragraph (1) if it makes written findings supported by substantial evidence on the record that both of the following conditions exist:

N/A N/A
70 65583(g)(2)(A)
The housing development project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density. As used in this paragraph, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

N/A N/A
71 65583(g)(2)(B)
There is no feasible method to satisfactorily mitigate or avoid the adverse impact identified pursuant to paragraph (1), other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density.

N/A N/A
72 65583(g)(3)
The applicant or any interested person may bring an action to enforce this subdivision. If a court finds that the local agency disapproved a project or conditioned its approval in violation of this subdivision, the court shall issue an order or judgment compelling compliance within 60 days. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment has not been carried out within 60 days, the court may issue further orders to ensure that the purposes and policies of this subdivision are fulfilled. In any such action, the city, county, or city and county shall bear the burden of proof.

N/A N/A
73 65583(g)(4)
For purposes of this subdivision, “housing development project” means a project to construct residential units for which the project developer provides sufficient legal commitments to the appropriate local agency to ensure the continued availability and use of at least 49 percent of the housing units for very low, low-, and moderate-income households with an affordable housing cost or affordable rent, as defined in Section 50052.5 or 50053 of the Health and Safety Code, respectively, for the period required by the applicable financing.

N/A N/A
74 65583(h) An action to enforce the program actions of the housing element shall be brought pursuant to Section 1085 of the Code of Civil Procedure.

N/A Y
75 65583(i)
Notwithstanding any other law, the otherwise applicable timeframe set forth in paragraph (2) of subdivision (b) and subdivision (d) of Section 21080.3.1 of the Public Resources Code, and paragraph (3) of subdivision (d) of Section 21082.3 of the Public Resources Code, for a Native American tribe to respond to a lead agency and request consultation in writing is extended by 30 days for any housing development project application determined or deemed to be complete on or after March 4, 2020, and prior to December 31, 2021.

N/A Y
76 65583(j)
On or after January 1, 2024, at the discretion of the department, the analysis of government constraints pursuant to paragraph (5) of subdivision (a) may include an analysis of constraints upon the maintenance, improvement, or development of housing for persons with a characteristic identified in subdivision (b) of Section 51 of the Civil Code. The implementation of this subdivision is contingent upon an appropriation by the Legislature in the annual Budget Act or another statute for this purpose.

N/A N/A
77 65583.1(a)
The Department of Housing and Community Development, in evaluating a proposed or adopted housing element for substantial compliance with this article, may allow a city or county to identify adequate sites, as required pursuant to Section 65583, by a variety of methods, including, but not limited to, redesignation of property to a more intense land use category and increasing the density allowed within one or more categories. The department may also allow a city or county to identify sites for accessory dwelling units based on the number of accessory dwelling units developed in the prior housing element planning period whether or not the units are permitted by right, the need for these units in the community, the resources or incentives available for their development, and any other relevant factors, as determined by the department. Nothing in this section reduces the responsibility of a city or county to identify, by income category, the total number of sites for residential development as required by this article.

Methods for identifying
adequate sites/site inventory N/A N/A
78 65583.1(b)
Sites that contain permanent housing units located on a military base undergoing closure or conversion as a result of action pursuant to the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526), the Defense Base Closure and Realignment Act of 1990 (Public Law 101-510), or any subsequent act requiring the closure or conversion of a military base may be identified as an adequate site if the housing element demonstrates that the housing units will be available for occupancy by households within the planning period of the element. No sites containing housing units scheduled or planned for demolition or conversion to nonresidential uses shall qualify as an adequate site.

Any city, city and county, or county using this subdivision shall address the progress in meeting this section in the reports provided pursuant to paragraph (1) of subdivision (b) of Section 65400.

Methods for identifying
adequate sites/site inventory N/A N/A
79 65583.1(c)(1)
The Department of Housing and Community Development may allow a city or county to substitute the provision of units for up to 25 percent of the community’s obligation to identify adequate sites for any income category in its housing element pursuant to paragraph (1) of subdivision (c) of Section 65583 where the community includes in its housing element a program committing the local government to provide units in that income category within the city or county that will be made available through the provision of committed assistance during the planning period covered by the element to low- and very low income households at affordable housing costs or affordable rents, as defined in Sections 50052.5 and 50053 of the Health and Safety Code, and which meet the requirements of paragraph (2). Except as otherwise provided in this subdivision, the community may substitute one dwelling unit for one dwelling unit site in the applicable income category. The program shall do all of the following:

Methods for identifying
adequate sites/site inventory N/A N/A
80 65583.1(c)(1)(A)
Identify the specific, existing sources of committed assistance and dedicate a specific portion of the funds from those sources to the provision of housing pursuant to this subdivision.

Methods for identifying
adequate sites/site inventory

N/A N/A
81 65583.1(c)(1)(B) Indicate the number of units that will be provided to both low- and very low income households and demonstrate that the amount of dedicated funds is sufficient to develop the units at affordable housing costs or affordable rents.

Methods for identifying
adequate sites/site inventory N/A N/A
82 65583.1(c)(1)(C) Demonstrate that the units meet the requirements of paragraph (2). Methods for identifying adequate sites/site inventory

N/A N/A
83 65583.1(c)(2) Only units that comply with subparagraph (A), (B), (C), (D), or (E) qualify for inclusion in the housing element program described in paragraph (1), as follows:

Methods for identifying
adequate sites/site inventory
Does not apply to HE
Contents
Does not apply to
HE Contents
84 65583.1(c)(2)(A)
Units that are to be substantially rehabilitated with committed assistance from the city or county and constitute a net increase in the community’s stock of housing affordable to low- and very low income households. For purposes of this subparagraph, a unit is not eligible to be “substantially rehabilitated” unless all of the following requirements are met:

Methods for identifying
adequate sites/site inventory N/A N/A
85 65583.1(c)(2)(A)(i)
At the time the unit is identified for substantial rehabilitation, (I) the local government has determined that the unit is at imminent risk of loss to the housing stock, (II) the local government has committed to provide relocation assistance pursuant to Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 to any occupants temporarily or permanently displaced by the rehabilitation or code enforcement activity, or the relocation is otherwise provided prior to displacement either as a condition of receivership, or provided by the property owner or the local government pursuant to Article 2.5 (commencing with Section 17975) of Chapter 5 of Part

1.5 of Division 13 of the Health and Safety Code, or as otherwise provided by local ordinance; provided the assistance includes not less than the equivalent of four months’ rent and moving expenses and comparable replacement housing consistent with the moving expenses and comparable replacement housing required pursuant to Section 7260, (III) the local government requires that any displaced occupants will have the right to reoccupy the rehabilitated units, and (IV) the unit has been found by the local government or a court to be unfit for human habitation due to the existence of at least four violations of the conditions listed in subdivisions (a) to (g), inclusive, of Section 17995.3 of the Health and Safety Code.

Methods for identifying
adequate sites/site inventory N/A N/A
86 65583.1(c)(2)(A)(ii)
The rehabilitated unit will have long-term affordability covenants and restrictions that require the unit to be available to, and occupied by, persons or families of low- or very low income at affordable housing costs for at least 55 years or the time period required by any applicable federal or state law or regulation.

Methods for identifying
adequate sites/site inventory N/A N/A
87 65583.1(c)(2)(A)(iii)
Prior to initial occupancy after rehabilitation, the local code enforcement agency shall issue a certificate of occupancy indicating compliance with all applicable state and local building code and health and safety code requirements.

Methods for identifying
adequate sites/site inventory

N/A N/A
88 65583.1(c)(2)(B)
Units that are located either on foreclosed property or in a multifamily rental or ownership housing complex of three or more units, are converted with committed assistance from the city or county from nonaffordable to affordable by acquisition of the unit or the purchase of affordability covenants and restrictions for the unit, are not acquired by eminent domain, and constitute a net increase in the community’s stock of housing affordable to low- and very low income households. For purposes of this subparagraph, a unit is not converted by acquisition or the purchase of affordability covenants unless all of the following occur:

Methods for identifying
adequate sites/site inventory N/A N/A
89 65583.1(c)(2)(B)(i) The unit is made available for rent at a cost affordable to low- or very low income households.

Methods for identifying
adequate sites/site inventory

N/A N/A
90 65583.1(c)(2)(B)(ii) At the time the unit is identified for acquisition, the unit is not available at an affordable housing cost to either of the following: Methods for identifying adequate sites/site inventory

N/A N/A
91 65583.1(c)(2)(B)(ii)(I) Low-income households, if the unit will be made affordable to low-income households. Methods for identifying adequate sites/site inventory N/A N/A
92 65583.1(c)(2)(B)(ii)(II) Very low income households, if the unit will be made affordable to very low income households. Methods for identifying adequate sites/site inventory N/A N/A
93 65583.1(c)(2)(B)(iii)
At the time the unit is identified for acquisition the unit is not occupied by low- or very low income households or if the acquired unit is occupied, the local government has committed to provide relocation assistance prior to displacement, if any, pursuant to Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 to any occupants displaced by the conversion, or the relocation is otherwise provided prior to displacement; provided the assistance includes not less than the equivalent of four months’ rent and moving expenses and comparable replacement housing consistent with the moving expenses and comparable replacement housing required pursuant to Section 7260.

Methods for identifying
adequate sites/site inventory N/A N/A
94 65583.1(c)(2)(B)(iv) The unit is in decent, safe, and sanitary condition at the time of occupancy.

Methods for identifying
adequate sites/site inventory

N/A N/A
95 65583.1(c)(2)(B)(v) The unit has long-term affordability covenants and restrictions that require the unit to be affordable to persons of low- or very low income for not less than 55 years.

Methods for identifying
adequate sites/site inventory

N/A N/A
96 65583.1(c)(2)(B)(vi)
For units located in multifamily ownership housing complexes with three or more units, or on or after January 1, 2015, on foreclosed properties, at least an equal number of new-construction multifamily rental units affordable to lower income households have been constructed in the city or county within the same planning period as the number of ownership units to be converted.

Methods for identifying
adequate sites/site inventory N/A N/A
97 65583.1(c)(2)(C)
Units that will be preserved at affordable housing costs to persons or families of low- or very low incomes with committed assistance from the city or county by acquisition of the unit or the purchase of affordability covenants for the unit. For purposes of this subparagraph, a unit shall not be deemed preserved unless all of the following occur:

Methods for identifying
adequate sites/site inventory N/A N/A
98 65583.1(c)(2)(C)(i)
The unit has long-term affordability covenants and restrictions that require the unit to be affordable to, and reserved for occupancy by, persons of the same or lower income group as the current occupants for a period of at least 55 years.

Methods for identifying
adequate sites/site inventory N/A N/A
99 65583.1(c)(2)(C)(ii) The unit is within an “assisted housing development,” as defined in paragraph (3) of subdivision (a) of Section 65863.10. Methods for identifying adequate sites/site inventory

N/A N/A
100 65583.1(c)(2)(C)(iii)
The city or county finds, after a public hearing, that the unit is eligible, and is reasonably expected, to change from housing affordable to low- and very low income households to any other use during the next eight years due to termination of subsidy contracts, mortgage prepayment, or expiration of restrictions on use.

Methods for identifying
adequate sites/site inventory N/A N/A
101 65583.1(c)(2)(C)(iv) The unit is in decent, safe, and sanitary condition at the time of occupancy.

Methods for identifying
adequate sites/site inventory N/A N/A
102 65583.1(c)(2)(C)(v) At the time the unit is identified for preservation it is available at affordable cost to persons or families of low- or very low income. Methods for identifying adequate sites/site inventory

N/A N/A
103 65583.1(c)(2)(D)
Units in a motel, hotel, or hostel that are converted with committed assistance from the city or county from nonresidential to residential by the acquisition of the unit or the purchase of affordability covenants and restrictions for the unit, are not acquired by eminent domain, and constitute a net increase in the community’s stock of housing affordable to low- and very low income households. For purposes of this subparagraph, a unit is not converted by acquisition or the purchase of affordability covenants unless all of the following occur:

Methods for identifying
adequate sites/site inventory N/A N/A
104 65583.1(c)(2)(D)(i) The unit is part of a long-term recovery response to COVID-19.

Methods for identifying
adequate sites/site inventory

N/A N/A
105 65583.1(c)(2)(D)(ii) The unit is made available for people experiencing homelessness as defined in Section 578.3 of Title 24 of the Code of Federal Regulations.

Methods for identifying
adequate sites/site inventory

N/A N/A
106 65583.1(c)(2)(D)(iii) The unit is made available for rent at a cost affordable to low- or very low income households. Methods for identifying adequate sites/site inventory

N/A N/A
107 65583.1(c)(2)(D)(iv) The unit is in decent, safe, and sanitary condition at the time of occupancy. Methods for identifying adequate sites/site inventory

N/A N/A
108 65583.1(c)(2)(D)(v) The unit has long-term affordability covenants and restrictions that require the unit to be affordable to persons of low- or very low income for not less than 55 years.

Methods for identifying
adequate sites/site inventory

N/A N/A
109 65583.1(c)(2)(D)(vi) This subparagraph shall remain in effect only for the sixth revision of the housing element pursuant to Section 65588. Methods for identifying adequate sites/site inventory

N/A N/A
110 65583.1(c)(2)(E) All spaces in a mobilehome park, as defined in subdivision (a) of Section 18214 of the Health and Safety Code, that is acquired with committed assistance from the city or county where any of the following apply:

Methods for identifying
adequate sites/site inventory

N/A N/A
111 65583.1(c)(2)(E)(i) The mobilehome park will be acquired with financing that includes a loan from the department pursuant to Section 50783 or 50784.5 of the Health and Safety Code.

Methods for identifying
adequate sites/site inventory

N/A N/A
112 65583.1(c)(2)(E)(ii) At least 50 percent of the current residents in the mobilehome park to be acquired are lower-income households and the entity acquiring the park agrees to enter into a regulatory agreement for a minimum of 55 years that requires both of the following:

Methods for identifying
adequate sites/site inventory N/A N/A
113 65583.1(c)(2)(E)(ii)(I)
All vacant spaces shall be rented at a space rent that does not exceed 50 percent of maximum rent limits established by the California Tax Credit Allocation Committee at 60 percent of the area median income.

Methods for identifying
adequate sites/site inventory

N/A N/A
114 65583.1(c)(2)(E)(ii)(II) The space rent for existing residents at the time of the acquisition of the property, both during the 12 months preceding the acquisition and during the term of the regulatory agreement, shall not increase more than 5 percent in any 12-month period.

Methods for identifying
adequate sites/site inventory N/A N/A
115 65583.1(c)(3)
This subdivision does not apply to any city or county that, during the current or immediately prior planning period, as defined by Section 65588, has not met any of its share of the regional need for affordable housing, as defined in Section 65584, for low- and very low income households. A city or county shall document for any housing unit that a building permit has been issued and all development and permit fees have been paid or the unit is eligible to be lawfully occupied.

Methods for identifying
adequate sites/site inventory N/A N/A
116 65583.1(c)(4)
For purposes of this subdivision, “committed assistance” means that the city or county enters into a legally enforceable agreement during the period from the beginning of the projection period until the end of the third year of the planning period that obligates sufficient available funds or other in-kind services to provide the assistance necessary to make the identified units affordable and that requires that the units be made available for occupancy within two years of the execution of the agreement. “Committed assistance” does not include tenant-based rental assistance.

Methods for identifying
adequate sites/site inventory N/A N/A
117 65583.1(c)(5)
For purposes of this subdivision, “net increase” includes only housing units provided committed assistance pursuant to subparagraph (A) or (B) of paragraph (2) in the current planning period, as defined in Section 65588, that were not provided committed assistance in the immediately prior planning period.

Methods for identifying
adequate sites/site inventory N/A N/A
118 65583.1(c)(6)
For purposes of this subdivision, “the time the unit is identified” means the earliest time when any city or county agent, acting on behalf of a public entity, has proposed in writing or has proposed orally or in writing to the property owner, that the unit be considered for substantial rehabilitation, acquisition, or preservation.

Methods for identifying
adequate sites/site inventory N/A N/A
119 65583.1(c)(7)
In the fourth year of the planning period, as defined by Section 65588, in the report required pursuant to Section 65400, each city or county that has included in its housing element a program to provide units pursuant to subparagraph (A), (B), (C), (D), or (E) of paragraph (2) shall report in writing to the legislative body, and to the department within 30 days of making its report to the legislative body, on its progress in providing units pursuant to this subdivision. The report shall identify the specific units for which committed assistance has been provided or which have been made available to low- and very low income households, and it shall adequately document how each unit complies with this subdivision. If, by the end of the third year of the planning period, the city or county has not entered into an enforceable agreement of committed assistance for all units specified in the programs adopted pursuant to subparagraph (A), (B), (C), (D), or (E) of paragraph (2), the city or county shall, not later than the end of the fourth year of the planning period, adopt an amended housing element in accordance with Section 65585, identifying additional adequate sites pursuant to paragraph (1) of subdivision (c) of Section 65583 sufficient to accommodate the number of units for which committed assistance was not provided. If a city or county does not amend its housing element to identify adequate sites to address any shortfall, or fails to complete the rehabilitation, acquisition, purchase of affordability covenants, or the preservation of any housing unit within two years after committed assistance was provided to that unit, it shall be prohibited from identifying units pursuant to subparagraph (A), (B), (C), (D), or (E) of paragraph (2) in the housing element that it adopts for the next planning period, as defined in Section 65588, above the number of units actually provided or preserved due to committed assistance.

Methods for identifying
adequate sites/site inventory N/A N/A
120 65583.1(d)
A city or county may reduce its share of the regional housing need by the number of units built between the start of the projection period and the deadline for adoption of the housing element. If the city or county reduces its share pursuant to this subdivision, the city or county shall include in the housing element a description of the methodology for assigning those housing units to an income category based on actual or projected sales price, rent levels, or other mechanisms establishing affordability.

Methods for identifying
adequate sites/site inventory N/A N/A
121 65583.2(a)
A city’s or county’s inventory of land suitable for residential development pursuant to paragraph (3) of subdivision (a) of Section 65583 shall be used to identify sites throughout the community, consistent with paragraph (10) of subdivision (c) of Section 65583, that can be developed for housing within the planning period and that are sufficient to provide for the jurisdiction’s share of the regional housing need for all income levels pursuant to Section 65584. As used in this section, “land suitable for residential development” includes all of the following sites that meet the standards set forth in subdivisions (c) and (g):

Inventory of land suitable for
development / vacant sites H59-H73 Y
122 65583.2(a)(1) Vacant sites zoned for residential use.

Inventory of land suitable for
development / vacant sites
H59-H73 Y
123 65583.2(a)(2) Vacant sites zoned for nonresidential use that allows residential development. Inventory of land suitable for development / vacant sites
H59-H73 Y
124 65583.2(a)(3) Residentially zoned sites that are capable of being developed at a higher density, including sites owned or leased by a city, county, or city and county.

Inventory of land suitable for
development / vacant sites
H59-H73 Y
125 65583.2(a)(4)
Sites zoned for nonresidential use that can be redeveloped for residential use, and for which the housing element includes a program to rezone the site, as necessary, rezoned for, to permit residential use, including sites owned or leased by a city, county, or city and county.

Inventory of land suitable for
development / vacant sites H59-H73 Y
126 65583.2(b) The inventory of land shall include all of the following:

Inventory of land suitable for
development / vacant sites
H59-H73 Y
127 65583.2(b)(1) A listing of properties by assessor parcel number. Inventory of land suitable for development / vacant sites H65, H70, H73 Y
128 65583.2(b)(2) The size of each property listed pursuant to paragraph (1), and the general plan designation and zoning of each property. Inventory of land suitable for development / vacant sites H59-H73 Y
129 65583.2(b)(3)
For nonvacant sites, a description of the existing use of each property. If a site subject to this paragraph is owned by the city or county, the description shall also include whether there are any plans to dispose of the property during the planning period and how the city or county will comply with Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5.

Inventory of land suitable for
development / vacant sites H59-H62, H65-H73 Y
130 65583.2(b)(4) A general description of any environmental constraints to the development of housing within the jurisdiction, the documentation for which has been made available to the jurisdiction. This information need not be identified on a site-specific basis.

Inventory of land suitable for
development / vacant sites H59-H73, H-79 Y
131 65583.2(b)(5)(A)
A description of existing or planned water, sewer, and other dry utilities supply, including the availability and access to distribution facilities.

Inventory of land suitable for
development / vacant sites
H65-H66, H80 Y
132 65583.2(b)(5)(B)
Parcels included in the inventory must have sufficient water, sewer, and dry utilities supply available and accessible to support housing development or be included in an existing general plan program or other mandatory program or plan, including a program or plan of a public or private entity providing water or sewer service, to secure sufficient water, sewer, and dry utilities supply to support housing development. This paragraph does not impose any additional duty on the city or county to construct, finance, or otherwise provide water, sewer, or dry utilities to parcels included in the inventory.

Inventory of land suitable for
development / vacant sites H65-H66, H80 Y
133 65583.2(b)(6)
Sites identified as available for housing for above moderate-income households in areas not served by public sewer systems. This information need not be identified on a site-specific basis.

Inventory of land suitable for
development / vacant sites

N/A N/A
134 65583.2(b)(7) A map that shows the location of the sites included in the inventory, such as the land use map from the jurisdiction’s general plan, for reference purposes only.

Inventory of land suitable for
development / vacant sites H63-H64 Y
135 65583.2(c)
Based on the information provided in subdivision (b), a city or county shall determine whether each site in the inventory can accommodate the development of some portion of its share of the regional housing need by income level during the planning period, as determined pursuant to Section 65584. The inventory shall specify for each site the number of units that can realistically be accommodated on that site and whether the site is adequate to accommodate lower income housing, moderate-income housing, or above moderate-income housing. A nonvacant site identified pursuant to paragraph (3) or (4) of subdivision (a) in a prior housing element and a vacant site that has been included in two or more consecutive planning periods that was not approved to develop a portion of the locality’s housing need shall not be deemed adequate to accommodate a portion of the housing need for lower income households that must be accommodated in the current housing element planning period unless the site is zoned at residential densities consistent with paragraph (3) of this subdivision and the site is subject to a program in the housing element requiring rezoning within three years of the beginning of the planning period to allow residential use by right for housing developments in which at least 20 percent of the units are affordable to lower income households. Notwithstanding the foregoing, for a local government that fails to adopt a housing element that the department has found to be in substantial compliance with state law within 120 days of the statutory deadline in Section 65588 for adoption of the housing element, rezoning pursuant to this subdivision shall be completed no later than one year from the statutory deadline in Section 65588 for adoption of the housing element. An unincorporated area in a nonmetropolitan county pursuant to clause (ii) of subparagraph (B) of paragraph (3) shall not be subject to the requirements of this subdivision to allow residential use by right. The analysis shall determine whether the inventory can provide for a variety of types of housing, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing, and whether the inventory affirmatively furthers fair housing. The city or county shall determine the number of housing units that can be accommodated on each site as follows:

Inventory of land suitable for
development / vacant sites H54, H59-H73 Y
136 65583.2(c)(1)
If local law or regulations require the development of a site at a minimum density, the department shall accept the planning agency’s calculation of the total housing unit capacity on that site based on the established minimum density. If the city or county does not adopt a law or regulation requiring the development of a site at a minimum density, then it shall demonstrate how the number of units determined for that site pursuant to this subdivision will be accommodated.

Inventory of land suitable for
development / vacant sites H65-H73 Y
137 65583.2(c)(2)
The number of units calculated pursuant to paragraph (1) shall be adjusted as necessary, based on the land use controls and site improvements requirement identified in paragraph (5) of subdivision (a) of Section 65583, the realistic development capacity for the site, typical densities of existing or approved residential developments at a similar affordability level in that jurisdiction, and on the current or planned availability and accessibility of sufficient water, sewer, and dry utilities.

Inventory of land suitable for
development / vacant sites H59-H73 Y
138 65583.2(c)(2)(A)
A site smaller than half an acre shall not be deemed adequate to accommodate lower income housing need unless the locality can demonstrate that sites of equivalent size were successfully developed during the prior planning period for an equivalent number of lower income housing units as projected for the site or unless the locality provides other evidence to the department that the site is adequate to accommodate lower income housing.

Inventory of land suitable for
development / vacant sites H65-H73 N/A
139 65583.2(c)(2)(B)
A site larger than 10 acres shall not be deemed adequate to accommodate lower income housing need unless the locality can demonstrate that sites of equivalent size were successfully developed during the prior planning period for an equivalent number of lower income housing units as projected for the site or unless the locality provides other evidence to the department that the site can be developed as lower income housing. For purposes of this subparagraph, “site” means that portion of a parcel or parcels designated to accommodate lower income housing needs pursuant to this subdivision.

Inventory of land suitable for
development / vacant sites N/A N/A
140 65583.2(c)(2)(C)
A site may be presumed to be realistic for development to accommodate lower income housing need if, at the time of the adoption of the housing element, a development affordable to lower income households has been proposed and approved for development on the site.

Inventory of land suitable for
development / vacant sites H59 Y
141 65583.2(c)(3)
For the number of units calculated to accommodate its share of the regional housing need for lower income households pursuant to paragraph (2), a city or county shall do either of the following:

Inventory of land suitable for
development / vacant sites N/A N/A
142 65583.2(c)(3)(A)
Provide an analysis demonstrating how the adopted densities accommodate this need. The analysis shall include, but is not limited to, factors such as market demand, financial feasibility, or information based on development project experience within a zone or zones that provide housing for lower income households.

Inventory of land suitable for
development / vacant sites H59-H73 Y
143 65583.2(c)(3)(B) The following densities shall be deemed appropriate to accommodate housing for lower income households:

Inventory of land suitable for
development / vacant sites

N/A N/A
144 65583.2(c)(3)(B)(i) For an incorporated city within a nonmetropolitan county and for a nonmetropolitan county that has a micropolitan area: sites allowing at least 15 units per acre.

Inventory of land suitable for
development / vacant sites

N/A N/A
145 65583.2(c)(3)(B)(ii) For an unincorporated area in a nonmetropolitan county not included in clause (i): sites allowing at least 10 units per acre. Inventory of land suitable for development / vacant sites

N/A N/A
146 65583.2(c)(3)(B)(iii) For a suburban jurisdiction: sites allowing at least 20 units per acre. Inventory of land suitable for development / vacant sites

N/A N/A
147 65583.2(c)(3)(B)(iv) For a jurisdiction in a metropolitan county: sites allowing at least 30 units per acre. Inventory of land suitable for development / vacant sites
H59-H73 Y
148 65583.2(c)(4)(A) For a metropolitan jurisdiction: Inventory of land suitable for development / vacant sites

N/A N/A
149 65583.2(c)(4)(A)(i) At least 25 percent of the jurisdiction’s share of the regional housing need for moderate-income housing shall be allocated to sites with zoning that allows at least 4 units of housing, but not more than 100 units per acre of housing.

Inventory of land suitable for
development / vacant sites

N/A N/A
150 65583.2(c)(4)(A)(ii) At least 25 percent of the jurisdiction’s share of the regional housing need for above moderate-income housing shall be allocated to sites with zoning that allows at least 4 units of housing.

Inventory of land suitable for
development / vacant sites N/A N/A
151 65583.2(c)(4)(B) The allocation of moderate-income and above moderate-income housing to sites pursuant to this paragraph shall not be a basis for the jurisdiction to do either of the following:

Inventory of land suitable for
development / vacant sites

N/A N/A
152 65583.2(c)(4)(B)(i) Deny a project that does not comply with the allocation. Inventory of land suitable for development / vacant sites
Does not apply to HE
Contents
Does not apply to
HE Contents
153 65583.2(c)(4)(B)(ii)
Impose a price minimum, price maximum, price control, or any other exaction or condition of approval in lieu thereof. This clause does not prohibit a jurisdiction from imposing any price minimum, price maximum, price control, exaction, or condition in lieu thereof, pursuant to any other law.

Inventory of land suitable for
development / vacant sites
Does not apply to HE
Contents
Does not apply to
HE Contents
154 65583.2(c)(4)(B)(iii)
The provisions of this subparagraph do not constitute a change in, but are declaratory of, existing law with regard to the allocation of sites pursuant to this section.

Inventory of land suitable for
development / vacant sites

N/A N/A
155 65583.2(c)(4)(C) This paragraph does not apply to an unincorporated area. Inventory of land suitable for development / vacant sites

N/A N/A
156 65583.2(c)(4)(D) For purposes of this paragraph: Inventory of land suitable for development / vacant sites
Does not apply to HE
Contents
Does not apply to
HE Contents
157 65583.2(c)(4)(D)(i) “Housing development project” has the same meaning as defined in paragraph (2) of subdivision (h) of Section 65589.5. Inventory of land suitable for development / vacant sites
Does not apply to HE
Contents
Does not apply to
HE Contents
158 65583.2(c)(4)(D)(ii)
“Unit of housing” does not include an accessory dwelling unit or junior accessory dwelling unit that could be approved pursuant to Section 65852.2 or Section 65852.22 or through a local ordinance or other provision implementing either of those sections. This paragraph shall not limit the ability of a local government to count the actual production of accessory dwelling units or junior accessory dwelling units in an annual progress report submitted pursuant to Section 65400 or other progress report as determined by the department.

Inventory of land suitable for
development / vacant sites N/A N/A
159 65583.2(c)(4)(E) Nothing in this subdivision shall preclude the subdivision of a parcel, provided that the subdivision is subject to the Subdivision Map Act (Division 2 (commencing with Section 66410)) or any other applicable law authorizing the subdivision of land.

Inventory of land suitable for
development / vacant sites N/A N/A
160 65583.2(d)
For purposes of this section, a metropolitan county, nonmetropolitan county, and nonmetropolitan county with a micropolitan area shall be as determined by the United States Census Bureau. A nonmetropolitan county with a micropolitan area includes the following counties: Del Norte, Humboldt, Lake, Mendocino, Nevada, Tehama, and Tuolumne and other counties as may be determined by the United States Census Bureau to be nonmetropolitan counties with micropolitan areas in the future.

Inventory of land suitable for
development / vacant sites N/A N/A
161 65583.2(e)(1)
Except as provided in paragraph (2), a jurisdiction shall be considered suburban if the jurisdiction does not meet the requirements of clauses (i) and (ii) of subparagraph (B) of paragraph (3) of subdivision (c) and is located in a Metropolitan Statistical Area (MSA) of less than 2,000,000 in population, unless that jurisdiction’s population is greater than 100,000, in which case it shall be considered metropolitan. A county, not including the City and County of San Francisco, shall be considered suburban unless the county is in an MSA of 2,000,000 or greater in population in which case the county shall be considered metropolitan.

Inventory of land suitable for
development / vacant sites
Does not apply to HE
Contents
Does not apply to
HE Contents
162 65583.2(e)(2)(A)(i)
Notwithstanding paragraph (1), if a county that is in the San Francisco-Oakland-Fremont California MSA has a population of less than 400,000, that county shall be considered suburban. If this county includes an incorporated city that has a population of less than 100,000, this city shall also be considered suburban. This paragraph shall apply to a housing element revision cycle, as described in subparagraph (A) of paragraph (3) of subdivision (e) of Section 65588, that is in effect from July 1, 2014, to December 31, 2028, inclusive.

Inventory of land suitable for
development / vacant sites
Does not apply to HE
Contents
Does not apply to
HE Contents
163 65583.2(e)(2)(A)(ii)
A county subject to this subparagraph shall utilize the sum existing in the county’s housing trust fund as of June 30, 2013, for the development and preservation of housing affordable to low- and very low income households.

Inventory of land suitable for
development / vacant sites

N/A N/A
164 65583.2(e)(2)(B)
A jurisdiction that is classified as suburban pursuant to this paragraph shall report to the Assembly Committee on Housing and Community Development, the Senate Committee on Housing, and the Department of Housing and Community Development regarding its progress in developing low- and very low income housing consistent with the requirements of Section 65400. The report shall be provided three times: once, on or before December 31, 2019, which report shall address the initial four years of the housing element cycle, a second time, on or before December 31, 2023, which report shall address the subsequent four years of the housing element cycle, and a third time, on or before December 31, 2027, which report shall address the subsequent four years of the housing element cycle and the cycle as a whole. The reports shall be provided consistent with the requirements of Section 9795.

Inventory of land suitable for
development / vacant sites N/A N/A
165 65583.2(f)
A jurisdiction shall be considered metropolitan if the jurisdiction does not meet the requirements for “suburban area” above and is located in an MSA of 2,000,000 or greater in population, unless that jurisdiction’s population is less than 25,000 in which case it shall be considered suburban.

Inventory of land suitable for
development / vacant sites
Does not apply to HE
Contents
Does not apply to
HE Contents
166 65583.2(g)(1)
For sites described in paragraph (3) of subdivision (b), the city or county shall specify the additional development potential for each site within the planning period and shall provide an explanation of the methodology used to determine the development potential.

The methodology shall consider factors including the extent to which existing uses may constitute an impediment to additional residential development, the city’s or county’s past experience with 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.

Inventory of land suitable for
development / vacant sites H59-H73 Y
167 65583.2(g)(2)
In addition to the analysis required in paragraph (1), when a city or county is relying on nonvacant sites described in paragraph (3) of subdivision (b) to accommodate 50 percent or more of its housing need for lower income households, the methodology used to determine additional development potential shall demonstrate that the existing use identified pursuant to paragraph (3) of subdivision (b) does not constitute an impediment to additional residential development during the period covered by the housing element. An existing use shall be presumed to impede additional residential development, absent findings based on substantial evidence that the use is likely to be discontinued during the planning period.

Inventory of land suitable for
development / vacant sites H59-H73 Y
168 65583.2(g)(3)
Notwithstanding any other law, and in addition to the requirements in paragraphs (1) and (2), sites that currently have residential uses, or within the past five years have had residential uses that have been vacated or demolished, that are or were subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low or very low income, subject to any other form of rent or price control through a public entity’s valid exercise of its police power, or occupied by low- or very low income households, shall be subject to a policy requiring the replacement of all those units affordable to the same or lower income level as a condition of any development on the site. Replacement requirements shall be consistent with those set forth in paragraph (3) of subdivision (c) of Section 65915.

Inventory of land suitable for
development / vacant sites N/A N/A
169 65583.2(h)
The program required by subparagraph (A) of paragraph (1) of subdivision (c) of Section 65583 shall accommodate 100 percent of the need for housing for very low and low-income households allocated pursuant to Section 65584 for which site capacity has not been identified in the inventory of sites pursuant to paragraph (3) of subdivision (a) on sites that shall be zoned to permit owner-occupied and rental multifamily residential use by right for developments in which at least 20 percent of the units are affordable to lower income households during the planning period. These sites shall be zoned with minimum density and development standards that permit at least 16 units per site at a density of at least 16 units per acre in jurisdictions described in clause (i) of subparagraph (B) of paragraph (3) of subdivision (c), shall be at least 20 units per acre in jurisdictions described in clauses (iii) and (iv) of subparagraph (B) of paragraph (3) of subdivision (c) and shall meet the standards set forth in subparagraph (B) of paragraph (5) of subdivision (b). At least 50 percent of the very low and low-income housing need shall be accommodated on sites designated for residential use and for which nonresidential uses or mixed uses are not permitted, except that a city or county may accommodate all of the very low and low- income housing need on sites designated for mixed use if those sites allow 100 percent residential use and require that residential use occupy 50 percent of the total floor area of a mixed-use project.

Inventory of land suitable for
development / vacant sites N/A N/A
170 65583.2(i)
For purposes of this section and Section 65583, the phrase “use by right” shall mean that the local government’s review of the owner- occupied or multifamily residential use may not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval that would constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. Any subdivision of the sites shall be subject to all laws, including, but not limited to, the local government ordinance implementing the Subdivision Map Act. A local ordinance may provide that “use by right” does not exempt the use from design review. However, that design review shall not constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. Use by right for all rental multifamily residential housing shall be provided in accordance with subdivision (f) of Section 65589.5.

Inventory of land suitable for
development / vacant sites
H44, H57-H58, H72,
H74,H104-H105 Y
171 65583.2(j)
Notwithstanding any other provision of this section, within one-half mile of a Sonoma-Marin Area Rail Transit station, housing density requirements in place on June 30, 2014, shall apply.

Inventory of land suitable for
development / vacant sites

N/A N/A
172 65583.2(k) For purposes of subdivisions (a) and (b), the department shall provide guidance to local governments to properly survey, detail, and account for sites listed pursuant to Section 65585.

Inventory of land suitable for
development / vacant sites
Does not apply to HE
Contents
Does not apply to
HE Contents
173 65583.2(l)(1) The changes to this section made by Chapter 193 of the Statutes of 2020 shall become operative on January 1, 2022. Inventory of land suitable for development / vacant sites
Does not apply to HE
Contents
Does not apply to
HE Contents
174 65583.2(l)(2) The changes to this section made by Chapter 193 of the Statutes of 2020 shall not apply to a housing element revision that is originally due on or before January 1, 2022, regardless of the date of adoption by the local agency.

Inventory of land suitable for
development / vacant sites
Does not apply to HE
Contents
Does not apply to
HE Contents
175 65583.2(m) This section shall remain in effect only until December 31, 2028, and as of that date is repealed. Inventory of land suitable for development / vacant sites
Does not apply to HE
Contents
Does not apply to
HE Contents
176 65583.3(a)
For a housing element or amendment adopted on or after January 1, 2021, the planning agency shall submit to the department an electronic copy of its inventory of land suitable for residential development developed pursuant to paragraph (3) of subdivision (a) of Section 65583 and subdivision (b) of this section with the copy of its housing element or amendment submitted pursuant to subdivision (g) of Section 65585. The local government shall ensure, to the best of its knowledge, that the inventory of land submitted to the department is true and correct.

Sites inventory
H60 Y
177 65583.3(b)
Notwithstanding subdivision (a) of Section 65301, each local government shall prepare the inventory required under paragraph (3) of subdivision (a) of Section 65583 using standards, forms, and definitions adopted by the department. The department may review, adopt, amend, and repeal the standards, forms, or definitions to implement this subdivision and subdivision (a) of Section 65583. Any standards, forms, or definitions adopted to implement this subdivision and subdivision (a) of Section 65583 shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2. Sites inventory H60 Y
178 65583.4(a)
Notwithstanding subparagraph (A) of paragraph (1) of subdivision (c) of Section 65583, subdivision (c) of Section 65583.2, and subparagraph (C) of paragraph (4) of subdivision (e) of Section 65588, a local government shall have three years and 120 days from the statutory deadline in Section 65588 for adoption of the housing element to complete any rezonings required by subparagraph (A) of paragraph (1) of subdivision (c) of Section 65583 and subdivision (c) of Section 65583.2 if all of the following apply:

Statutory deadline / timeframe
to complete any rezonings, if
applicable

N/A N/A
179 65583.4(a)(1) The statutory deadline in Section 65588 for adoption of the sixth revision of the housing element was in the 2021 calendar year.

Statutory deadline / timeframe
to complete any rezonings, if
applicable
Does not apply to HE
Contents
Does not apply to
HE Contents
180 65583.4(a)(2) The local government failed to adopt a sixth revision of the housing element that the department had found to be in substantial compliance with this article within 120 days of the statutory deadline in Section 65588 for adoption of the housing element.

Statutory deadline / timeframe
to complete any rezonings, if
applicable
Does not apply to HE
Contents
Does not apply to
HE Contents
181 65583.4(a)(3)
The local government adopts a sixth revision of the housing element and the department finds the adopted element to be in substantial compliance with this article within one year of the statutory deadline established pursuant to Section 65888 for adoption of the housing element.

Statutory deadline / timeframe
to complete any rezonings, if
applicable
Does not apply to HE
Contents
Does not apply to
HE Contents
182 65583.4(b)(1)
The deadline for completing required rezoning pursuant to subdivision (a) shall be extended by one year if the local government has completed the rezoning at densities sufficient to accommodate at least 75 percent of the units for low- and very low income households and if the legislative body at the conclusion of a public hearing determines, based upon substantial evidence, that any of the following circumstances exist:

Statutory deadline / timeframe
to complete any rezonings, if
applicable

N/A N/A
183 65583.4(b)(1)(A) The local government has been unable to complete the rezoning because of the action or inaction beyond the control of the local government of any other state, federal, or local agency.

Statutory deadline / timeframe
to complete any rezonings, if
applicable

N/A N/A
184 65583.4(b)(1)(B) The local government is unable to complete the rezoning because of infrastructure deficiencies due to fiscal or regulatory constraints.

Statutory deadline / timeframe
to complete any rezonings, if
applicable

N/A N/A
185 65583.4(b)(1)(C) The local government must undertake a major revision to its general plan in order to accommodate the housing-related policies of a sustainable communities strategy or an alternative planning strategy adopted pursuant to Section 65080.

Statutory deadline / timeframe
to complete any rezonings, if
applicable

N/A N/A
186 65583.4(b)(2)
The resolution and the findings shall be transmitted to the department together with a detailed budget and schedule for preparation and adoption of the required rezonings, including plans for citizen participation and expected interim action. The schedule shall provide for adoption of the required rezoning within one year of the adoption of the resolution.

Statutory deadline / timeframe
to complete any rezonings, if
applicable

N/A N/A
187 65584.0(a)(1)
For the fourth and subsequent revisions of the housing element pursuant to Section 65588, the department shall determine the existing and projected need for housing for each region pursuant to this article. For purposes of subdivision (a) of Section 65583, the share of a city or county of the regional housing need shall include that share of the housing need of persons at all income levels within the area significantly affected by the general plan of the city or county.

AFFH/RHNA N/A N/A
188 65584.0(a)(2)
It is the intent of the Legislature that cities, counties, and cities and counties should undertake all necessary actions to encourage, promote, and facilitate the development of housing to accommodate the entire regional housing need, and reasonable actions should be taken by local and regional governments to ensure that future housing production meets, at a minimum, the regional housing need established for planning purposes. These actions shall include applicable reforms and incentives in Section 65582.1.

AFFH/RHNA H59-H73 Y
189 65584.0(a)(3)
The Legislature finds and declares that insufficient housing in job centers hinders the state’s environmental quality and runs counter to the state’s environmental goals. In particular, when Californians seeking affordable housing are forced to drive longer distances to work, an increased amount of greenhouse gases and other pollutants is released and puts in jeopardy the achievement of the state’s climate goals, as established pursuant to Section 38566 of the Health and Safety Code, and clean air goals.

AFFH/RHNA N/A N/A
190 65584.0(b)
The department, in consultation with each council of governments, shall determine each region’s existing and projected housing need pursuant to Section 65584.01 at least two years prior to the scheduled revision required pursuant to Section 65588. The appropriate council of governments, or for cities and counties without a council of governments, the department, shall adopt a final regional housing need plan that allocates a share of the regional housing need to each city, county, or city and county at least one year prior to the scheduled revision for the region required by Section 65588. The allocation plan prepared by a council of governments shall be prepared pursuant to Sections 65584.04 and 65584.05.

AFFH/RHNA N/A N/A
191 65584.0(c)
Notwithstanding any other provision of law, the due dates for the determinations of the department or for the council of governments, respectively, regarding the regional housing need may be extended by the department by not more than 60 days if the extension will enable access to more recent critical population or housing data from a pending or recent release of the United States Census Bureau or the Department of Finance. If the due date for the determination of the department or the council of governments is extended for this reason, the department shall extend the corresponding housing element revision deadline pursuant to Section 65588 by not more than 60 days.

AFFH/RHNA N/A N/A
192 65584.0(d) The regional housing needs allocation plan shall further all of the following objectives: AFFH/RHNA N/A N/A 193 65584.0(d)(1) Increasing the housing supply and the mix of housing types, tenure, and affordability in all cities and counties within the region in an equitable manner, which shall result in each jurisdiction receiving an allocation of units for low- and very low income households. AFFH/RHNA N/A N/A 194 65584.0(d)(2)
Promoting infill development and socioeconomic equity, the protection of environmental and agricultural resources, the encouragement of efficient development patterns, and the achievement of the region’s greenhouse gas reductions targets provided by the State Air Resources Board pursuant to Section 65080.

AFFH/RHNA N/A N/A
195 65584.0(d)(3) Promoting an improved intraregional relationship between jobs and housing, including an improved balance between the number of low-wage jobs and the number of housing units affordable to low-wage workers in each jurisdiction.

AFFH/RHNA N/A N/A
196 65584.0(d)(4)
Allocating a lower proportion of housing need to an income category when a jurisdiction already has a disproportionately high share of households in that income category, as compared to the countywide distribution of households in that category from the most recent American Community Survey.

AFFH/RHNA N/A N/A
197 65584.0(d)(5) Affirmatively furthering fair housing. AFFH/RHNA N/A N/A 198 65584.0(e)
For purposes of this section, “affirmatively furthering fair housing” means taking meaningful actions, in addition to combating discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics. Specifically, affirmatively furthering fair housing means taking meaningful actions that, taken together, address significant disparities in housing needs and in access to opportunity, replacing segregated living patterns with truly integrated and balanced living patterns, transforming racially and ethnically concentrated areas of poverty into areas of opportunity, and fostering and maintaining compliance with civil rights and fair housing laws.

AFFH/RHNA N/A N/A
199 65584.0(f) For purposes of this section, “household income levels” are as determined by the department as of the most recent American Community Survey pursuant to the following code sections: AFFH/RHNA N/A N/A 200 65584.0(f)(1) Very low incomes as defined by Section 50105 of the Health and Safety Code. AFFH/RHNA N/A N/A 201 65584.0(f)(2) Lower incomes, as defined by Section 50079.5 of the Health and Safety Code. AFFH/RHNA N/A N/A 202 65584.0(f)(3) Moderate incomes, as defined by Section 50093 of the Health and Safety Code. AFFH/RHNA N/A N/A 203 65584.0(f)(4) Above moderate incomes are those exceeding the moderate-income level of Section 50093 of the Health and Safety Code. AFFH/RHNA N/A N/A 204 65584.0(g)
Notwithstanding any other provision of law, determinations made by the department, a council of governments, or a city or county pursuant to this section or Section 65584.01, 65584.02, 65584.03, 65584.04, 65584.05, 65584.06, 65584.07, or 65584.08 are exempt from the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).

AFFH/RHNA N/A N/A
205 65584.09(a)
For housing elements due pursuant to Section 65588 on or after January 1, 2006, if a city or county in the prior planning period failed to identify or make available adequate sites to accommodate that portion of the regional housing need allocated pursuant to Section 65584, then the city or county shall, within the first year of the planning period of the new housing element, zone or rezone adequate sites to accommodate the unaccommodated portion of the regional housing need allocation from the prior planning period.

Rezoning / RHNA N/A N/A
206 65584.09(b) The requirements under subdivision (a) shall be in addition to any zoning or rezoning required to accommodate the jurisdiction’s share of the regional housing need pursuant to Section 65584 for the new planning period.

Rezoning / RHNA N/A N/A
207 65584.09(c)
Nothing in this section shall be construed to diminish the requirement of a city or county to accommodate its share of the regional housing need for each income level during the planning period set forth in Section 65588, including the obligations to (1) implement programs included pursuant to Section 65583 to achieve the goals and objectives, including programs to zone or rezone land, and (2) timely adopt a housing element with an inventory described in paragraph (3) of subdivision (a) of Section 65583 and a program to make sites available pursuant to paragraph (1) of subdivision (c) of Section 65583, which can accommodate the jurisdiction’s share of the regional housing need.

Rezoning / RHNA H59-H73 Y

ATTACHMENT C
Town of Colma’s Findings In Response to Letter from Department of Housing and Community Development Dated 9/14/22
Page # Comment From HCD
H-117 to
H-133
A. Review and Revision
Review the previous element to evaluate the appropriateness, effectiveness, and progress in implementation, and reflect the results of this review in the revised element. (Gov. Code, § 65588 (a) and (b).)
A thorough program-by-program review is necessary to evaluate Town’s performance in addressing housing goals. As part of this analysis, the element should describe how the goals, policies and programs of the updated element incorporates what has been learned from the results of the previous element.

This information and analysis provide the basis for developing a more effective housing program. While many programs were identified as being effective last cycle and will continue without modification, the metrics indicated that the programs were not implemented. The element must state how the programs will be revised to be more effective.

In addition, as part of the evaluation of programs in the past cycle, the element must provide an explanation 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) H-50 to
H-58, H95
to H-116
B. Housing Needs, Resources, and Constraints

1. 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))
Fair Housing Enforcement and Outreach: The element must include the Town’s ability to provide enforcement and outreach capacity, such as the Town’s ability to investigate complaints, obtain remedies, or the Town’s ability to engage in fair housing testing. The analysis should also clarify if the Town provides fair housing information in a variety of languages. While the element currently states that no fair housing complaints were filed in the Town of Colma between the years 2017-2021, it also states that outreach could be improved. A program should be added to address needed improvements and provide fair housing outreach throughout the planning period. In addition, the appendix lists many fair housing laws but does not state how the Town complies with those law. If the Town does not currently comply, a program should be added to address this need.

Appendix
B: pgs. 16-
26 Integration and Segregation: The element includes some data on integration and segregation at the regional and local level; however, additional information is needed. The analysis of race and ethnicity must describe regional trends and patterns over time. While the element included data in a chart in Appendix B1, it should analyze the data provided. In addition, as the Town is in one census tract, the element must supplement this analysis with local knowledge on patterns and geographic trends within the Town. Lastly, the household income graphs demonstrated a significantly higher poverty rate for African Americans in comparison to other ethnicities within the Town, an analysis and program should be added as needed.

Appendix
B: pgs. 16-
33 Access to Opportunity: While the element provides some information on the access to opportunity, the element must include further analysis on access to economic opportunity and the environment. For example, the element states that the Town scores relatively low on economic access compared to surrounding jurisdictions, the element should include a regional analysis for access to jobs beyond the summary sentence. While the element includes a local analysis in relation to environmental access to opportunity, a regional analysis must also be included.

H19 to H-
24, H-40 to
H-45, H-50
to H-55,
H-95,
Appendix
B: pgs. 34-

39. Disproportionate Housing Needs and Displacement Risk: The element includes some data on overcrowding, homelessness, and cost-burdened households. While it states that there is potential concentration of cost burden, the element should describe what contributes to the concentration in the identified areas as well as include a regional analysis. The section analyzing homelessness includes data on the regional homeless population but should also include data on the number of homeless individuals in the Town of Colma. The section analyzing displacement should further expand on local analysis regarding vulnerability to displacement as well as potential displacement due to the San Andreas Fault.

H-50 to H-
58, H-95 to
H-116
Contributing Factors: While the element provided a list of contributing factors, they must also be prioritized and tied to fair housing issues and programs. Contributing factors create, contribute to, perpetuate, or increase the severity of fair housing issues and are fundamental to adequate goals and actions. The analysis shall result in strategic approaches to inform and connect goals and actions to mitigate contributing factors to affordable housing.

H-59 to H-
77,
Appendix B
pg. 40-53
Site Inventory: The element must include an analysis demonstrating whether sites identified to meet the regional housing needs allocation (RHNA) are distributed throughout the community in a manner that affirmatively furthers fair housing. A full analysis should address the income categories of identified sites with respect to location, the number of sites and units by all income groups and how that effects the existing patterns for all components of the assessment of fair housing (e.g., segregation and integration, access to opportunity). The element should also discuss whether the distribution of sites improves or exacerbates conditions. If sites exacerbate conditions, the element should identify further program actions that will be taken to mitigate this (e.g., anti-displacement strategies).

H-50 to H-
58, H-95 to
H-116
Goals, Priorities, Metrics, and Milestones: Goals and actions must significantly seek to overcome contributing factors to fair housing issues. Currently, the element includes an Affirmatively Furthering Fair Housing (AFFH) Action Plan separate from the element’s policies and programs. If action is being taken on the AFFH Action Plan, this must also be included in the programs section. Programs also need to be based on identified contributing factors, be significant and meaningful. The element must add, and revise programs based on a complete analysis and listing and prioritization of contributing factors to fair housing issues. Furthermore, the element must include metrics and milestones for evaluating progress on programs, actions, and fair housing results.

In addition, the Action Plan identified an objective for Action 1.1 which would provide down payment assistance. However, the element must include specific metrics and milestones and specify what providing homebuyer education entails. For Action 2.1 in the Action Plan, the element could include stronger metrics to evaluate the progress of this action prior to 2029 or by including objectives midpoint in the planning period. For more information, please see HCD’s guidance at https://www.hcd.ca.gov/affirmatively-furthering-fair-housing .

H-19 to H-
29,
Appendix
B: pgs. 34-

39. 2. 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).)
Overpayment: While the element identifies the total number of overpaying households, it must quantify and analyze the number of overpaying households by tenure (i.e., renter and owner) and the lower- income households paying more than 30 percent of their income on housing.

H-19 to H-
24, H-44 to
H-45,
Appendix
B: pgs. 34-

39. Extremely Low-Income Households: The element must quantify projected extremely low-income (ELI) households and analyze their housing needs. The analysis of ELI housing needs could consider tenure and rates of overcrowding and overpayment. For additional information, see the Building Blocks at https://www.hcd.ca.gov/extremely-low-income-housing-needs .

H-25 to H-
28 Vacancy Rate: While the element provides the overall vacancy rate, it must quantify and analyze the vacancy rate by tenure (i.e., renter and owner).

H-28 to H-
29 Housing Stock 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 additional information, see the Building Blocks at https://www.hcd.ca.gov/housing-stock-characteristics .

H-59 to H-
73 3. 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).) The Town has a RHNA of 202 housing units, of which 69 are for lower-income households. To address this need, the element relies on vacant sites, nonvacant sites, and nonresidential sites that allow residential uses. To demonstrate the adequacy of these sites and strategies to accommodate the Town’s RHNA, the element must include complete analyses:

H-59 to H-
73 Sites Inventory: The element must list sites by each property’s general plan and zoning designation, describing existing uses for any nonvacant sites and include a calculation of the realistic capacity of each site. While the element includes most requirements, the inventory must list whether each site is vacant or nonvacant, whether it has been identified in the 4th or 5th cycle planning period, as well as the general plan and zoning designations. For additional information and sample sites inventory, see the Building Blocks at https://www.hcd.ca.gov/inventory-of-suitable-land .

Pursuant to Government Code section 65583.3, subdivision (b), the Town must utilize standards, forms, and definitions adopted by HCD when preparing the sites inventory. Please see HCD’s housing element webpage at https://www.hcd.ca.gov/housing-elements-hcd
or a copy of the form and instructions. The
Town can reach out to HCD at [email protected] for technical assistance. Please note, upon adoption of the housing element, the Town must submit an electronic version of the sites inventory with its adopted housing element to
[email protected].

H-59 to H-
73 Realistic Capacity: While the element provides assumptions of buildout for sites included in the inventory, it must also provide support for these assumptions. For example, the element should demonstrate what specific trends, factors, and other evidence led to the assumptions. The estimate of the number of units for each site must be adjusted as necessary, based on the land use controls and site improvements, typical densities of existing or approved residential developments at a similar affordability level in that jurisdiction, and on the current or planned availability and accessibility of sufficient water, sewer, and dry utilities. The element also needs to analyze the likelihood that the identified units will be developed as noted in the inventory in zones that allow nonresidential uses (e.g., mixed-use). This analysis should consider whether the mixed-use zone allows for 100 percent commercial or residential development and the likelihood of nonresidential development, performance standards, and development trends supporting residential development. For additional information, see the Building Blocks at https://www.hcd.ca.gov/analysis-of-sites-and-zoning .

H-59 to H-
73 Suitability of Nonvacant Sites: While the element identifies nonvacant sites to accommodate the regional housing need for lower-income households, it provides little description of the potential for redevelopment. The element must further describe the methodology used to determine the additional development potential within the planning period. The methodology must consider factors including the extent to which existing uses may impede additional residential development, development trends, market conditions, any existing leases or other contracts that would perpetuate the existing use or prevent redevelopment of the site for additional residential development, and regulatory or other incentives or standards to encourage additional residential development on these sites. (Gov. Code, § 65583.2, subd. (g).) For sites with residential uses, the inventory could also describe structural conditions or other circumstances and trends demonstrating the redevelopment potential to more intense residential uses. For nonresidential sites, the inventory could also describe whether the use is operating, marginal or discontinued, and the condition of the structure or could describe any expressed interest in redevelopment. The element must also address whether the identified environmental and topographical constraints were considered in the suitability of the sites. In addition, the element must provide an analysis of the nonvacant parking lot site listed as an “additional site” on page H-59.

In addition, if the housing element relies upon nonvacant sites to accommodate more than 50 percent of the RHNA for lower-income households, the housing element must demonstrate that the existing use is not an impediment to additional residential development in the planning period. (Gov. Code, § 65583.2, subd. (g)(2).) This can be demonstrated by providing substantial evidence that the existing use is likely to be discontinued during 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 RHNA.

H-82 to H-
84 Planned Development Permit: The element indicates that a Planned Development (PD) permit is the best way to develop the sites identified in the inventory. However, it must describe and analyze the permit processing procedures impacts as potential constraints on housing supply and affordability, particularly for residential development affordable to lower-income households. The analysis must address whether the sites can develop at assumed capacity with the base zone, or whether a PD is required to develop at assumed capacity. In addition, the element must address the findings and approval procedures for a PD permit and whether it is discretionary, or a constraint on multifamily development. For additional information, see the Building Blocks at https://www.hcd.ca.gov/processing-permitting-procedures .

H-65 to H-
73, H-80
Suitability and Availability of Infrastructure: While the element describes water and sewer infrastructure for some sites, it must demonstrate sufficient water and sewer capacity for all sites. The element must also demonstrate sufficient existing or planned dry utilities supply capacity, including the availability and access to distribution facilities to accommodate the Town’s regional housing need for the planning period (Gov. Code, § 65583.2, subd. (b).). 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#environmental.

H-59 to H-
73, H-80 to
H-85
Sites with Zoning for a Variety of Housing Types:
• Multifamily Zoning: While the element appears to indicate that multifamily developments of up to 6 units is allowed in the R Zone and C Zone with a Conditional Use Permit (CUP), the element must describe zoning that allows for projects greater than six units. In addition, the element must analyze the CUP requirement for multifamily as a potential constraint on housing supply and affordability. The analysis should identify findings of approval for the CUP and their potential impact on development approval certainty, timing, and cost. The element must demonstrate this process is not a constraint or it. For additional information, see the Building Blocks at
https://www.hcd.ca.gov/processing-permitting-
procedures.

H-40 to H-
46, H-104
to H-108,
H-126
• Emergency Shelters: Program 4.3 allows for an emergency shelter in the Commercial (C) district.

However, the element must demonstrate permit processing, development, and management standards are objective and encourage and facilitate the development of, or conversion to, emergency shelters or include a program to do so. In addition, emergency shelters must only be subject to the same development and management standards that apply to residential or commercial development within the same zone except for those standards prescribed by statute. Also, the element must analyze policies and procedures to accommodate Low Barrier Navigation Centers pursuant to AB 101. For additional information, see the Building Blocks at https://www.hcd.ca.gov/zoning-for-a-variety-of-housing-types and HCD’s SB 2 memo at
http://www.hcd.ca.gov/community-development/housing-element/housing- element-memos/docs/sb2_memo050708.pdf.

H-4, H-31
to H-32,
H-37, H-50
to H-76, H-
80, H-95
to H-116,
H-124 to
H-125
• Transitional and Supportive Housing: Transitional housing and supportive housing must be permitted as a residential use in all zones allowing residential uses and only subject to those restrictions that apply to other residential dwellings of the same type in the same zone. (Gov. Code, § 65583, subd. (c)(3).) The element must describe and analyze the Town’s transitional and supportive housing standards and codes and demonstrate consistency with Section 65583(c)(3) or add or revise programs which comply with the statutory requirements. In addition, the element must have policies and procedures to accommodate AB 2162. The element should also describe the Town’s procedure for complying with Government Code section 65651, subdivision. Section 65651 requires jurisdictions to allow supportive housing by right in zones allowing multifamily housing, including mixed-use and nonresidential zones when the development meets certain requirements.

H-44, H-
112
• Single Room Occupancy (SRO) Units: SROs are an important housing type for extremely low-income households. The element must address where the zoning code allows for SROs.

H-32 to H-
45, H-44,
H-98, H-
112, H-117
• Housing for Farmworkers: The element must identify sufficient sites to accommodate the need for farmworker housing and include an analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for agricultural employees, permanent and seasonal. For example, the analysis could describe zoning available to accommodate various housing types, such as manufactured homes, apartments, boarding houses, or single-room occupancy units, to address the needs of farmworkers. In addition, the element must demonstrate the zoning is consistent with the Employee Housing Act (Health and Safety Code, § 17000 et seq.), specifically, sections 17021.5 and 17021.6. Section 17021.5 requires employee housing for six or fewer employees to be treated as a single-family of no more than 12 units or 36 beds to be permitted in the same manner as other agricultural uses in the same zone. For additional information and sample analysis, see the Building Blocks at
https://www.hcd.ca.gov/farmworkers.

H-4, H-74
to H-76,
H-95 to H-
116

H-74 to H-
85 4. 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. The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Government Code section 65584 and from meeting the need for housing for persons with disabilities, supportive housing, transitional housing, and emergency shelters identified pursuant to paragraph (7). (Gov. Code, § 65583, subd. (a)(5).) Land-Use Controls: The element must identify and analyze all relevant land use controls impacts as potential constraints on a variety of housing types (e.g., multifamily rental housing, mobilehomes, transitional housing). The analysis must also evaluate the cumulative impacts of land use controls on the cost and supply of housing, including the ability to achieve maximum densities and cost and supply of housing. The analysis should also describe past or current efforts to remove identified governmental constraints. The element must also address whether three stories are possible within the 36-foot height limit in the R and C zones and whether garages are required within the front setback. The element should include programs to address or remove the identified constraints. In addition, the element must describe what uses are allowed in each zone, including the mixed-use zone and the commercial overlay.

H-58, H-76
to H-79
Parking: The element states that 1.5 parking spaces are required for studio and one-bedroom units. The element also states that the PD process could be utilized to remove the potential constraint. Requiring a discretionary process to remove an identified constraint should be addressed and the element should include a program to address the parking requirements.

H-86 to H-
94, H-115
Zoning and Fees Transparency: The element must clarify its compliance with new transparency requirements for posting all zoning and development standards as well as inclusionary requirements for each parcel on the jurisdiction’s website pursuant to Government Code section 65940.1(a)(1).

H-86 to H-
94,
Fees and Exaction: While the element describes some fees, it must describe all required fees for single family and multifamily housing development, including impact fees, and analyze their impact as potential constraints on housing supply and affordability. The element also demonstrates that fees for multifamily developments are significantly higher than single-family fees on a per unit basis. The element must include a program to address this constraint.

H-74 to H-
85, H-101,
H-102 to
H-103,
Local Processing and Permit Procedures: While the element describes some of the use permit procedures, it must further describe and analyze the Town’s permit processing and approval procedures by zone and housing type (e.g., multifamily rental housing, mobilehomes, housing for agricultural employees, supportive housing). The analysis must evaluate the processing and permit procedures’ impacts as potential constraints on housing supply and affordability. For example, the analysis should consider processing and approval procedures and time for typical single- and multi-family developments, H-104 to
H-107
including type of permit, level of review, approval findings and any discretionary approval procedures.

The element should describe the average processing time for both single and multifamily developments.

In addition, as stated above the element must also describe and analyze the findings and approval procedures for a conditional use permit for multifamily projects and planned development process for development of sites. In addition, the element should describe the development standards for mixed-use zones. Lastly, the element must describe its streamlined, ministerial approval process pursuant to SB 35.

For additional information and sample analysis, see the Building Blocks at https://www.hcd.ca.gov/processing-permitting-procedures.

H-67, H-69,
H-94, H-
104, H-115
Inclusionary Housing: The element must further describe and analyze the inclusionary housing requirements and their impacts as potential constraints on the development of housing for all income levels, specifically on housing supply and affordability. The analysis must evaluate the inclusionary policy’s implementation framework, including levels of mandated affordability and the types of options and incentives offered to encourage and facilitate compliance with the inclusionary requirements. For rental inclusionary housing provisions, the analysis should demonstrate consistency with requirements of Government Code section 65680 (g) which requires provision of alternative means of compliance that may include, but are not limited to, in-lieu fees, land dedication, off-site construction, or acquisition and rehabilitation of existing units. The Town could engage the development community to facilitate this analysis.

H-78, H-82,
H-84, H-95,
H-98 to H-
99, H-101,
H-119 to
H-120
Design Review: The element must describe and analyze the design review guidelines and process, including approval procedures and decision-making criteria, for their impact as potential constraints on housing supply and affordability. For example, the analysis could describe required findings and discuss whether objective standards and guidelines improve development certainty and mitigate cost impacts.

The element must demonstrate this process is not a constraint or it must include a program to address this permitting requirement, as appropriate.

H-53, H-
102
Current Density Bonus: The Town’s current density bonus ordinance should be reviewed for compliance with current state density bonus law. (Gov. Code, § 65915.) A copy of the current law is available on HCD’s website at
http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=65915.&lawCode=GOV .

For additional information and a sample ordinance, see the Building Blocks at https://www.hcd.ca.gov/assist-in-the-development-of-housing.

H-32 to H-
45, H-50 to
H-58, H-74
to H-76,
H-95 to H-
117
Constraints on Housing for Persons with Disabilities: The element must include an analysis of zoning, development standards, building codes, and process and permit procedures as potential constraints on housing for persons with disabilities. For example, the analysis must describe any zoning code definitions of family and any spacing or concentration requirements for housing for persons with disabilities. The element must also describe and demonstrate the Town has a reasonable accommodation process and procedure for providing exception in zoning and land use or include a program to do so. (Gov. Code, § 65583, subd. (c)(1)(3).) For additional information and sample analysis, see the Building Blocks at https://www.hcd.ca.gov/constraints-for-people-with-disabilities .

In addition, the element must describe and analyze whether residential care facilities serving six or fewer persons are permitted in all residential zones. The element must also describe and analyze the process for residential care facilities serving seven or more persons. As a potential constraint on housing for persons with disabilities, the element should add or modify programs as appropriate to ensure zoning permits group homes objectively with approval certainty.

H-27 Local Ordinances: The element must further specifically analyze locally adopted ordinances, such as but not limited to, inclusionary ordinances or short-term rental ordinances, that directly impact the cost and supply of residential development.

H-65, H-66,
H-80 to H-
83, H-91 to
H-93
Water Sewer Priority: For your information, water and sewer service providers must establish specific procedures to grant priority water and sewer service to developments with units affordable to lower- income households. (Gov. Code, § 65589.7.) Local governments are required to immediately deliver the housing element to water and sewer service providers. HCD recommends including a cover memo describing the Town’s housing element, including the Town’s housing needs and regional housing need.

For additional information and sample cover memo, see the Building Blocks at https://www.hcd.ca.gov/priority-for-water-and-sewer
.

H-4 to H-5,
H-32, H-65
to H-73, H-
79, H-96,
H-97

5. An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, the price of land, the cost of construction, the requests to develop housing at densities below those anticipated in the analysis required by subdivision (c) of Government Code section 65583.2, and the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a locality’s share of the regional housing need in accordance with Government Code section 65584. The analysis shall also demonstrate local efforts to remove nongovernmental constraints that create a gap between the locality’s planning for the development of housing for all income levels and the construction of that housing. (Gov. Code, § 65583, subd. (a)(6).)
The element must describe and analyze the availability of financing, the price of land, and cost of construction as a potential constraint on housing production. When analyzing the availability of financing, the element could consider other relevant factors such as down payment assistance to lower- income households and homeowner association fees. For additional information, see the Building Blocks at: https://www.hcd.ca.gov/projected-housing-needs-rhna .

Developed Densities and Permit Times: The element must be revised to include analysis of requests to develop housing at densities below those anticipated, and the length of time between receiving approval for a housing development and submittal of an application for building permits that potentially hinder the construction of a locality’s share of the regional housing need.

H-95 to H-
116
C. Housing Programs

1. Include a program which sets forth a schedule of actions during the planning period, each with a timeline for implementation, which may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the Housing Element through the administration of land use and development controls, the provision of regulatory concessions and incentives, and the utilization of appropriate federal and state financing and subsidy programs when available. The program shall include an identification of the agencies and officials responsible for the implementation of the various actions. (Gov. Code, § 65583, subd. (c).) Programs must demonstrate that they will have a beneficial impact within the planning period. Beneficial impact means specific commitment to deliverables, measurable metrics or objectives, definitive deadlines, dates, or benchmarks for implementation. Deliverables should occur early in the planning period to ensure actual housing outcomes. To address the program requirements of Government Code section 65583, subdivision (c)(1-6), and to facilitate implementation, all programs should be evaluated to ensure inclusion of the following:
• a description of the Town’s specific role in Implementation. • definitive implementation timelines.
• objectives, quantified where appropriate.
• identification of responsible agencies and officials. • programs containing unclear language (e.g., “Evaluate”; “Consider”; “Encourage”; etc.) should be amended to include more specific and measurable actions.

Programs to be revised include the following:
• Program 1.1 (Manufactured Housing Design Standards): The program must clearly include an action to complete as well as proactive outreach.
• Program 2.2 (Accessory Dwelling Units (ADU)): The program must be revised to describe how often outreach will occur. In addition, the program states that incentives will be provided if ADU assumptions are not met, but the element does not include any ADU assumptions. The program must clarify what incentives will be implemented as well as the timing of the survey and outreach materials. • Program 3.2 (Density Bonus Provisions for Affordable Housing): The program must clarify whether the Town’s density bonus ordinance is currently compliant with state law. If the ordinance was last updated in 2005, the program must commit to updating the density bonus ordinance for compliance with state law within one year of the start of the planning period. • Program 3.3 (High-Density Housing Near Colma and South San Francisco BART Stations): This program must clarify implementation and timing of the actions.
• Program 3.4 (Planner Responsibility to Promote Affordable Housing and Mixed-Use):This program should include proactive outreach and list potential incentives. The program should also clarify the implementation action.
• Program 3.5 (Planned Development Zoning Provisions for Single Family Attached Development): This program should clarify the purpose and action of the program. • Program 3.7 (Inclusionary Housing): This program should clarify the implementation action as well as the timing of implementation.
• Program 3.8 (Development Agreement): This program must clarify when public benefits are required, as well as whether the requirements are currently in place or need to be implemented. If the requirements are not currently in place, the program must include timing to implement the requirements.
• Program 3.9 (Funding District): The program must clarify the action as well as whether additional fees will be added.
• Program 4.1 (Reasonable Accommodations Ordinance Public Information, Ordinance Amendment and Monitoring): This program must include specific timing for implementation. • Program 4.2 (Senior Housing): This program should include preservation of at-riskproperties. The program must also include a specific implementation action as well as timing for implementation. • Program 4.3 (Emergency Shelters): This program must clarify what will be implemented. In addition, it must clarify whether the description of emergency shelters is already in place or needs to be implemented.
• Program 4.4 (Inform Local Developers of Opportunities to Provide Transitional and Supportive Housing): The element must clarify what the implementationaction is regarding transitional and supportive housing. If the Town does not comply with state law for transitional and supportive housing, this program must be implemented within the first year of the planning period. In addition, the program should include timing of outreach.
• Program 4.5 (Transitional and Supportive Housing): The program must clarify the implementation action and timing.
• Program 4.6 (Reach Out to Local Service Providers): The program should state when the program will be developed and how often outreach will occur. The program should also clarify what actions will be taken.
• Program 5.1 (Knowledgeable Housing Referral): The program should include specific actions, implementation timing, and proactive outreach.
• Program 5.2 (Human Investment Project Support): This program should include specific timing for proactive outreach.
• Program 5.3 (Section 8 Rental Assistance): This program should include timing of how often outreach will occur.
• Program 5.4 (Housing Recordkeeping): The program must clarify the action as well as whether units will be surveyed for condition.
• Program 5.5 (Address needs of Extremely Low-Income Households): The program should include an implementation of actions or results after the identified meetings. • Program 6.1 (Greenbuilding Regulations for Residential Uses): This program should be revised to implement after the study is completed. The program must also clarify when the study will be completed.

• Program 6.2 (Encourage Use of Energy Conservation Measures): This program should include proactive outreach and timing for outreach.
• Program 7.1 (Rebuilding Together Peninsula): This program should clarify how often it will be implemented during the planning period.
• Program 7.2 (Neighborhood Improvement): This program should include timing for what will be considered. In addition, the program must clarify whether it includes a crime free ordinance. If so, it should be analyzed as a constraint on fair housing. The program should also clarify what action is being implemented if the element states that it is complete.

H-101 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 B3, 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 Town may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types. In addition, the element should be revised as follows:

Program 3.1 (Planned Development Districts and Mixed Use) and 3.6 (Ensure No Net Loss of Required Units): These programs must clarify whether they are rezone programs for identified sites. If a rezone is required, the program must include a program(s) to identify sites with appropriate zoning to accommodate the regional housing need within the planning period. (Gov. Code, § 65583.2, subd. (h) and (i).). If a rezone is not needed to accommodate the RHNA, the program must clarify the implementation component of this program. In addition, Program 3.6 must clarify which three sites it applies to as well as timing of implementation.

H-62 to H-
73 Previously Identified Nonvacant and Vacant Sites: If nonvacant sites identified in a prior adopted housing element or vacant sites identified in two or more consecutive planning periods, the sites are inadequate to accommodate housing for lower-income households unless:
• The site’s current zoning is appropriate for the development of housing affordable to lower-income households by either including analysis or meeting the appropriate density. See Government Code section 65583.2, subdivision (c)(3), and
• The site is subject to a housing element program that requires rezoning within three years of the beginning of the planning period to allow residential use by right for housing developments in which at least 20 percent of the units are affordable to lower income households (Gov. Code, § 65583.2, subd. (c).).

H-57, H-58,
H-97, H-98
Accessory Dwelling Units: While the element includes Program 2.1 (Second Unit Ordinance), the program must be revised to allow ADUs consistently with state law.

H-95 to H-
116

3. The Housing Element shall contain programs which assist in the development of adequate housing to meet the needs of extremely low-, very low-, low- and moderate-income households. (Gov. Code, § 65583, subd. (c)(2).)
The element must include a program(s) with specific actions and timelines to assist in the development of housing for extremely low-income (ELI) households. While the element includes Program 5.5 to meet with property owners and non-profit builders, it is unclear how this program will result in the development of housing for ELI households. The program should specific the specific actions and outcomes and could further commit the City to adopting priority processing, granting fee waivers or deferrals, modifying development standards, granting concessions and incentives for housing developments that include units affordable to extremely low-income households; assisting, supporting or pursuing funding applications; and outreach and coordination with affordable housing developers. In addition, the element must include a program(s) to address the Town’s special needs populations. The program should include specific actions to assist housing for persons with special needs (e.g., farmworkers, homeless, and persons with disabilities, including developmental disabilities).

H-95 to H-
116

4. 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 B4 and B5, the element requires a complete analysis of potential governmental and nongovernmental 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.

Program to Mitigate Nongovernmental Constraints: The element must be revised to include a program that mitigates nongovernmental constraints that create a gap in the jurisdictions ability to meet RHNA by income category (Gov. Code, § 65583.2, subd. (c)(3).).

H-95 to H-
97, H-114,
H-116

5. The Housing Element shall include programs to conserve and improve the condition of the existing affordable housing stock. (Gov. Code, § 65583, subd. (c)(4).) The element must include a program(s) to conserve and improve the condition of the existing stock, which may include addressing the loss of dwelling units. A program could provide grants for substantial rehabilitation, provide matching grants for homeowner improvements, or implement proactive code enforcement program. For additional information and a sample program, see the Building Blocks’ at https://www.hcd.ca.gov/improve-and-conserve-the-existing-housing-stock .

H-50 to H-
58, H-95 to
H-116

Appendix B
pg. 40-53

6. 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).)
The element must include actions that promote AFFH opportunities as stated in Finding B1. For example, the element could include a program committing to implement Government Code section 8899.50, subdivision (b) which requires the City to administer its programs and activities relating to housing and community development in a manner to AFFH and take no action that is materially inconsistent with its obligation to AFFH. Programs should address enhancing housing mobility strategies; encouraging development of new affordable housing in high resource areas; improving place-based strategies to encourage community conservation and revitalization, including preservation of existing affordable housing; and protecting existing residents from displacement. The programs should also include metrics and milestones for evaluating progress on programs, actions, and fair housing results H-116 D. Quantified Objectives
Establish the number of housing units, by income level, that can be constructed, rehabilitated, and conserved over a five-year time frame. (Gov. Code, § 65583, subd. (b)(1 & 2).) The element must include quantified objectives to establish an estimate of housing units by income category that can be constructed, rehabilitated, and conserved over the planning period. While the element includes these objectives by income group for very low-, low-, moderate- and above-moderate income, the element must also include objectives for extremely low-income households. In addition, the element must include objectives for rehabilitation as well as conservation/preservation.

H-46 to H-
50, H-115
E. Public Participation
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).)
While the element includes a summary of the public participation process, it must also describe how public comments were considered and incorporated into the element.

H-7, H-99 F. Consistency with General Plan
The housing element shall describe the means by which consistency will be achieved with other general plan elements and community goals. (Gov. Code, § 65583, subd. (c)(7).) The housing element affects a locality’s policies for growth and residential land uses. The goals, policies and objectives of an updated housing element may conflict with those of the land-use, circulation, open space elements as well as zoning and redevelopment plans. The general plan is required to be “internally consistent.” As part of the housing element update, the Town should review the general plan to ensure internal consistency is maintained. In addition, The Town should consider an internal consistency review as part of its annual general plan implementation report required under Government Code section 65400.

ATTACHMENT D

H-1

TABLE OF CONTENTS
Introduction ...................................................................................................................... 4 Population, Housing and Employment Trends ......................................................................10 Household Trends and Characteristics .................................................................................19 Housing Characteristics .....................................................................................................25 Below Market Rate Housing Trends and Characteristics ........................................................30 Housing Needs..................................................................................................................31 Housing Element Public Participation ..................................................................................46 Fair Housing ..................................................................................................................... 50 Ability to Meet Housing Needs ............................................................................................59 Governmental Constraints ..................................................................................................74 Housing Goals, Policies, and Programs ................................................................................95 Evaluation of the Prior 2015 Housing Element ................................................................... 117 Table H-1: San Mateo County and State Population Growth ..................................................10 Table H-2: Race and Ethnicity ............................................................................................11 Table H-3: Age of Residents...............................................................................................11 Table H-4: Income Category Definitions ..............................................................................12 Table H-5: San Mateo County Income Limits (2021) ............................................................12 Table H-6: ABAG/MTC Plan Bay Area Projections for Housing, Households and Jobs (2020-2040) ....................................................................................................................................... 13 Table H-7: Projections for Population, Households and Total Jobs (2010-2040) ......................14 Table H-8: Projections for Types of Jobs (2010-2040)* ........................................................15 Table H-9: Home Affordability by Occupation (2021) ............................................................17 Table H-10: Workforce Age, Salary and Education ...............................................................18 Table H-11 Household Size ................................................................................................19 Table H-12 Household Type ...............................................................................................19 Table H-13 Number of Overcrowded Units ..........................................................................20 Table H-14: Household Income ..........................................................................................21 Table H-15: Households by Income and Tenure ..................................................................21 Table H-16: Ability to Pay for For-Sale Housing ....................................................................22 Table H-17: Summary of 2022 Rents ..................................................................................22 Table H-18: Households Overpaying for Housing .................................................................24

H-2
Table H-19: Total Housing Units .........................................................................................26 Table H-20 Tenure Type ....................................................................................................26 Table H-21: Building Type .................................................................................................27 Table H-22: Bedrooms .......................................................................................................27 Table H-23: Vacancy Rate 2016-2020 .................................................................................28 Table H-24: Year Structure Was Built ..................................................................................28 Table H-25: Number of Potential Housing Problems .............................................................29 Table H-26: Regional Housing Needs Allocation (2023-2031) – 6th Cycle ................................31 Table H-27: Senior Households by Tenure (2020) ................................................................33 Table H-28: Type of Developmental Disability (2020) ...........................................................34 Table H-29: Age of People with Development Disabilities (2020) ...........................................35 Table H-30: Living Arrangements of People with Developmental Disabilities ...........................35 Table H-31: Age and Type of Disability ...............................................................................37 Table H-32: Female-Headed Households .............................................................................38 Table H-33: Cost Burden by Household Size ........................................................................39 Table H-34: Farm workers in San Mateo County (2007-2017) ...............................................40 Table H-35: Demographics of San Mateo County Homeless Population by Household Type .....41 Table H-36: Additional Demographics of San Mateo County Homeless Adult Population ..........42 Table H-37: County Homeless Population Location 2013-2019 ..............................................42 Table H-38: Location where Homelessness Occurred ............................................................43 Table H-39: Housing Needs for Extremely Low Income (ELI) Households in Colma .................45 Table H-40: AFFH Action Plan .............................................................................................56 Table H-41: Colma RHNA Targets Summary ........................................................................59 Table H-42: Sites Inventory Development Potential ..............................................................61 Table H-43: Site Inventory – Site Characteristics .................................................................62 Table H-44: Sterling Park Single Family Neighborhood Development Potential ........................65 Table H-45: El Camino Real Multi-Family Development Potential ...........................................70 Table H-46: El Camino Real Corridor Multi-Family Development Potential ...............................73 Table H-47: Current Residential Development Standards ......................................................78 Table H-48: Parking Standards ...........................................................................................78 Table H-49: Entitlement Processing Time and Approving Authority ........................................84 T
able H-50: Planning Fees .................................................................................................86

H-3
Table H-51: Deposit Against Actual Cost – Land Use Development Processing Fees, Planning Services ........................................................................................................................... 87 Table H-52: CEQA Review Fees for Land Use Development Projects – Deposit Against Actual Cost ................................................................................................................................ .88 Table H-53: Total Fees (includes entitlement, building permits, and impact fees) per Unit .......89 Table H-54: Total Fees as a Percentage of Total Development Costs .....................................90 Table H-55: Public Works Fees – Town of Colma .................................................................92 Table H-56: Affordable Housing Impact Fees .......................................................................94 Table H-57: Town of Colma Goals, Polices, Programs and Objectives ........................................98 Table H-58: Quantified Objectives 2023-2031 .................................................................... 116 Table H-59: Town of Colma Previous Housing Element Accomplishments ................................ 119 Table H-60: Progress in Achieving Quantified Objectives (2015-2023) ................................. 133 Figure H-1: Colma’s Population Growth ...............................................................................10 Figure H-2: Households by Income .....................................................................................20 Figure H-3: Overpayment (Cost Burden) by Tenure..............................................................23 Figure H-4: Building Type Chart .........................................................................................26 Figure H-5: Housing Sites ..................................................................................................63 Figure H-6: Housing Units – Sterling Park ...........................................................................64

H-4

INTRODUCTION
Section 65302(c) of the California Government Code requires every county and city in the state to include a housing element as part of their adopted general plans. In stipulating the content of this element, Article 10.6 of the Government Code indicates that the element shall consist of “an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, and scheduled programs for the preservation, improvement, and development of housing.” Housing Element Law mandates that local governments adequately plan to meet the existing and projected housing needs of all economic segments of the community.

PURPOSE OF THE HOUSING ELEMENT
The purpose of the 2023 Housing Element of the Town of Colma General Plan is:
• to plan for the Town’s housing needs;
• establish the housing-related goals, objectives, and programs necessary to allow for development;
• encourage development and maintenance of housing for all economic segments of the community over the 2023 – 2031 planning period.

The Housing Element is designed to comply with State Housing Element Law and guidelines for the preparation and adoption of Housing Elements.

SETTING, CONTEXT AND HOUSING NEED
Colma’s location just south of San Francisco and Daly City makes it a desirable and slightly more affordable location to live in than San Francisco, with easy transit into San Francisco from the Colma and South San Francisco BART stations. Colma is also a regional shopping destination for automobiles and retail goods. Colma has limited land available for new development given that about 75% of its two square miles is devoted to cemetery land uses.

The San Francisco Bay Area continues to be one of the most desirable and expensive real estate markets in the country. Despite the economic downturn and lowering of housing prices that began in 2008, rents generally continued to rise throughout the region. Housing sale prices have regained losses associated with the recession, and most Bay Area homes are too expensive for families with average household incomes. Despite its small size and limited land resources, opportunities exist within Colma to provide new and affordable housing with good

H-5
transit access. rise The San transit and lowering of housing prices that began in 2008, rents general transit access.

In a collaborative process, the 20 cities of San Mateo County and the County of San Mateo formed a countywide “Sub-region,” an ad-hoc joint powers authority formed to specifically administer the Association of Bay Area Governments’ (ABAG) Regional Housing Needs Allocation (RHNA) process. From this process, it was determined that Colma’s allocation for the 6th RHNA cycle is 202 units, 106 of which are allocated as units affordable to moderate, low, and very- low-income households. The RHNA applies to the years 2023 to 2031. A total of 75 units have been developed within Colma since 2015, meeting the 2015-2023 5th cycle RHNA numbers.

Colma has the capacity for the 202 units through the development of vacant and underutilized parcels located throughout the Town. Colma’s General Plan and Housing Element includes goals, policies, and programs to encourage and facilitate the development of these units.

Development of an additional 202 units before the close of the planning period is feasible (since the sites are zoned for housing and mixed-use commercial) but construction before the end of the planning period is unpredictable due to the economy. Colma, however, faces significant non-governmental constraints to the development of housing units, the most pressing and unique of which is Colma’s cemetery land uses. Cemetery and related land uses comprise

H-6
approximately 75% of the Town’s total land area and are considered a historic use in Colma.

The Town was originally incorporated to protect cemetery land uses and accommodate the regional need for these uses. Per State law, the dedication of property for cemetery uses makes these lands unavailable for housing projects.

Cemeteries tend to suffer from vandalism when residential uses are built nearby. Furthermore, some cultural groups and individuals may avoid living near cemeteries if possible; however, Colma’s cemeteries are easily visible from many development areas within the Town. Cemetery uses also place fiscal constraints on the Town, which receives no tax revenue from cemetery uses or burials. This financial constraint increases the dependence of the Town on its regional commercial and retail uses to fund Town services. Refer to the Governmental Constraints Section and Non-Governmental Constraints Section for more information regarding constraints to residential development in Colma.

CONTENTS AND ORGANIZATION OF THE HOUSING ELEMENT
The contents of the 2023 Housing Element include an analysis of population, employment and housing trends, an evaluation of housing needs, statements of goals and policies, a schedule of programs and actions, and an estimate of the number of housing units the Town expects to be developed, improved, and maintained in the local housing stock. Programs and policies in the 2015 - 2023 Housing Element were evaluated and modified where necessary to reflect changing market conditions and policy priorities. The Housing Element is organized into the following sections:
 Introduction to the Housing Element
 Population, Housing and Employment Trends
 Existing and Projected Housing Needs
 Ability to Meet Housing Needs
 Evaluation of Housing Programs
 Housing Program Strategy
 Housing Goals, Policies, and Programs

BACKGROUND AND HISTORY OF THE HOUSING ELEMENT
The Town of Colma has previously adopted several Housing Elements, as follows:
 1991 Housing Element (1988-1995 Planning Period)
 1999 Housing Element (prepared with comprehensive General Plan update, 1995-1999 Planning Period)
 2004 Housing Element (1999-2007 Planning Period)
 2009 Housing Element (2007-2014 Planning Period; adopted October 2012)  2015 Housing Element (2015-2023 Planning Period; adopted January 2015)

H-7
When referred to in the text of this document, previous Housing Elements will be referenced primarily by date and title not planning period. This Housing Element is an update and revision of the 2015 Housing Element, adopted in January 2015. The current Housing Element is titled and referenced as the 2023 Housing Element throughout this document. The State of California requires housing element updates at regularly designated time periods, or when a city or town makes any change in its policies, zoning, and land use designations. State law mandates that all cities in the San Francisco Bay Area adopt a compliant housing element by January 31, 2023, which takes into account the housing needs assessment numbers allocated to the respective jurisdiction by ABAG for 2023 through 2031.

To meet this requirement, policies from the 2015 Housing Element were reviewed, projected housing needs of all economic segments of Colma were evaluated, and new policies and programs aimed at the preservation and improvement of housing have been developed.

RELATED PLANS AND PROGRAMS
Relationship to other General Plan Elements
The Housing Element is closely related to the Land Use, Conservation/Open Space, and Circulation Elements of the Town of Colma General Plan.

The Land Use Element sets forth the amount and type of residential development permitted under the General Plan, thereby establishing housing opportunities in Colma. In addition, the Land Use Element contains policies directed at maintaining the existing housing stock, and ensuring the quality of new residential development. The 2040 General Plan Update adopted March 2022, includes a newly created Commercial Overlay Districts with a 40-acre designated area north of Hillside Boulevard and west of Lawndale Boulevard, as well as to a vacant 3.07- acre parcel on the north side of Town, east of El Camino Real and south of the BART railroad track.

The Circulation Element contains policies to minimize traffic spillover into residential neighborhoods and includes complete street considerations for alternate transportation such as transit, bicycling, and walking. The Conservation/Open Space Element establishes policies to minimize the impact of residential development on sensitive resources, such as ecological habitat, and scenic viewsheds.

Finally, the Safety Element sets forth policies to ensure the safety of Colma’s housing stock through measures such as the mitigation of environmental hazards as a condition to development.

The Housing Element has been reviewed for consistency with Colma’s other General Plan elements, and the policies and programs in this Element reflect the policy direction contained in other parts of the General Plan. As portions of the General Plan are amended in the future, this Housing Element will be reviewed to ensure that internal consistency is maintained – that it is

H-8
entirely consistent with the policies and proposals set forth by the Plan. Furthermore Program

1.2 calls for an annual Housing Element implementation review.

Pursuant to Government Code Section 65400, the Town will annually review its progress in implementing this Housing Element and ensure consistency between this Element and the City’s other General Plan Elements.

Climate Action Plan
The Town of Colma joins a growing number of California cities which have adopted a Climate Action Plan to reduce greenhouse gas emissions and meet State emission reduction targets. In May 2013, the Town adopted its Climate Action Plan which included programs such as energy efficiency, water conservation, and improved recycling programs for residents and businesses. Colma will also see an increase in bicycle lanes, green business program participation and a new green building program. These programs not only reduce emissions, but they also help residents and businesses save money and conserve natural resources.

The 2023 Housing Element is fully consistent with the Climate Action Plan. Housing Element policies that encourage maintenance and upgrades to existing residences are inherently sustainable since new resources are not used to reconstruct units. New housing units will be required to be constructed with the latest energy water saving standards, which will make them efficient and economical to maintain.

HOPE Plan to End Homelessness
HOPE (Housing Our People Effectively) is a ten-year action plan initiated by San Mateo County that brings together the business, nonprofit, and public sector communities to address the challenging issue of homelessness. This plan reflects the Board of Supervisors' goal that housing should exist in their community for people at all income levels and all generations of families, including those who are extremely low-income or who are homeless. To end homelessness, San Mateo County must follow the housing strategy successfully documented in other communities around the country. The HOPE Plan is built around the following two key strategies:
 Housing - increasing the supply of permanent affordable and supportive housing for people who are homeless and developing strategies to help them move into housing as rapidly as possible;
 Prevention - prevent individuals and families from becoming homeless in the first place by assisting them in maintaining their housing; and
 These goals are consistent with the Town of Colma Housing Element.

Grand Boulevard Initiative
The Grand Boulevard Initiative is a coordinated effort of 19 cities (including the Town of Colma), San Mateo and Santa Clara Counties, and local and regional agencies united to improve

H-9
the performance, safety, and aesthetics of El Camino Real. Starting at the northern Daly City boundary (where it is named Mission Street) and ending near the Diridon Caltrain Station in central San Jose (where it is named The Alameda), the initiative brings together, for the first time, all the agencies responsible for the condition, use, and performance of El Camino Real.

The Grand Boulevard Initiative looks to transform El Camino Real from a suburban, low-density, strip commercial highway to a vibrant, mixed-use, pedestrian-friendly boulevard and destination that links regional transportation improvements and local economic development efforts.

Within Colma, much of the El Camino Real is dedicated to cemetery uses, and the Town desires development that is respectful of this established land use. However, opportunities exist on the northern edge of Colma for the development of housing, both across the street and adjacent to the Colma BART Station, and to the south on Mission Road.

Plan Bay Area and Priority Development Areas
Plan Bay Area (Plan) is an integrated transportation and land-use strategy through the year 2040 that marks the Bay Area’s first nine-county long-range plan to meet the requirements of California’s landmark 2008 Senate Bill 375. This bill calls on each of the state’s 18 metropolitan areas to develop a Sustainable Communities Strategy (SCS), to accommodate future population growth and reduce greenhouse gas emissions from cars and light trucks. Working in collaboration with cities and counties, the Plan advances initiatives to expand housing and transportation choices, create healthier communities, and build a stronger regional economy.

The Plan was prepared by the Metropolitan Transportation Commission (MTC) and the ABAG and was approved in July of 2013. It is the long-term regional land-use and transportation strategy for the Bay Area, and transportation funding from state and federal sources will be distributed consistent with the plan. In addition, it will be used to determine housing needs allocations for Bay Area jurisdictions, including Colma.

The El Camino Real corridor is in a “Priority Development Area” (PDA) along which most of the new residential development in San Mateo County is expected to be created. The defined ¼- mile buffer encompassing El Camino Real from Daly City to San Jose is a planned PDA to encourage and leverage future growth near transit in existing communities.

All of Colma’s new housing is anticipated to be within the PDA area, on El Camino Real or on Mission Road. By placing new housing in this corridor, residents will benefit from viable transit options for local and regional travel.

H-10

POPULATION, HOUSING AND EMPLOYMENT TRENDS

GENERAL DEMOGRAPHICS AND PROJECTIONS SUMMARY
Colma is a town of 1,492 residents, according to US Census, 2020 American Community Survey estimates from January 2013. Between 2010 and 2020, Colma’s small population grew from 1,454 to 1,492 increasing by 38 residents, or 3%. ABAG predicts Colma will continue to grow over the next 20 years, albeit not as rapidly, to reach a population of 2,485 in 2040.

Figure H-1: Colma’s Population Growth

Source: Association of Bay Area Governments, Projections 2040; US Census, 2020 American Community Survey 5-Year Estimates

Table H-1: San Mateo County and State Population Growth

Number of Residents Percent Change
(from previous decade)
Colma County State Colma County State
2000 1,187 707,163 33,871,648 8% 9% 14%
2010 1,485 718,451 37,253,956 22% 2% 10%
2020 1,492 765,623 39,346,023 3% 7% 6%
2030
(Projected) 2,545 853,260 x 70% 11% x
2040
(Projected) 2,485 916,590 x -2% 7% x
Source: ABAG, Projections 2040; US Census, 2020 American Community Survey 5-Year Estimates 1,187
1,485 1,492
2,545 2,485
0 300
600
900
1200
1500
1800
2100
2400
2700
3000
2000 2010 2020 2030
(Projected)
2040
(Projected)

H-11
Colma is more diverse than San Mateo County as a whole. Only 45 percent of the residents are white (compared to well over half in the county/50% of county residents) and 36 percent are Asian. Over the past decade, the white population has increased, while the Asian population has declined. Approximately one quarter OR 25% of the residents are non-white, or more than one race. Additionally, 37 percent of the population is Hispanic. Latino or Hispanic is not a separate racial category on the American Community Survey, so all individuals who identify as Latino or Hispanic also belong to another racial category (i.e.- Black, White, other, etc.).

Table H-2: Race and Ethnicity
Race and Ethnicity Colma County State
White 45% 48% 56%
Black 3% 2% 6%
Asian 36% 29% 15%
Other 10% 11% 14%
More than one Race 7% 8% 8%
Hispanic 37% 24% 39%
Not Hispanic 63% 76% 61%
Source: US Census, 2020 American Community Survey 5-Year Estimates The average age in Colma has increased notably over the past decade. In 2010 the median age was 31, but in 2020 it was 36. This appears to be due to growth in the 45-59 year old segment of the population, which grew from one-fifth of the total population in 2010, to one-fourth in 2020. Almost 24 percent of Colma’s population is comprised of children under 19, and 18 percent of the population includes seniors over the age of 60.

Table H-3: Age of Residents
Age
2010 2020
Colma Colma County State
Under 5 years 9% 8% 6% 6%
5 to 19 years 18% 16% 16% 19%
20 to 34 years 33% 24% 20% 22%
35 to 44 years 12% 9% 14% 13%
45 to 59 years 17% 25% 20% 19%
60 to 74 years 8% 12% 15% 12%
75 years and over 3% 6% 7% 6%
Median age 31 36 40 36
Total population 1,454 1,492 * 720,143 37,330,448
Source: US Census, 2020 American Community Survey 5-Year Estimates

H-12
HOUSING SAN MATEO COUNTY’S WORKFORCE

INCOME CATEGORIES
The U.S. Department of Housing and Urban Development (HUD) and the California Department of Housing and Community Development (HCD) use household income categories to help standardize analysis of housing needs. The income categories are summarized below and are based on a household’s percentage of San Mateo County’s Area Median Income (AMI).

Table H-4: Income Category Definitions
Income Category Definition
Extremely Low Below 30% of area median income
Very Low 30%-50% of area median income
Low 50%-80% of area median income
Moderate 80%-120% of area median income
Above Moderate Above 120% of area median income
Source: U.S. Department of Housing and Urban Development HCD uses the above categories, sometimes with minor adjustments, to establish the annual income limits for San Mateo County, as shown in Table H-5 below.

Table H-5: San Mateo County Income Limits (2021)
Income
Category
Number of Persons Per Household
(Maximum Income)
1 2 3 4 5
Extremely Low $38,400 $43,850 $49,350 $54,800 $59,200
Very Low $63,950 $73,100 $82,250 $91,350 $98,700
Lower Income $102,450 $117,100 $131,750 $146,350 $158,100 Median Income $104,700 $119,700 $134,650 $149,600 $161,550 Moderate Income $125,650 $143,600 $161,550 $179,500 $193,850 Source: HCD State Income Limits 2021 and State CDBG and HOME Income Limits also available at https://www.hcd.ca.gov/grants-funding/income-limits/state-and-federal-income-limits.shtml

Table H-6 shows Plan Bay Area projections (approved November 2018) for housing units, households and local jobs. The following tables are ABAG Projections 2040, which provide more detailed information on household characteristics, types of jobs, etc. ABAG Projections 2040 provide an indicator of trends and conditions in San Mateo County and its jurisdictions.

ABAG Projections 2040 are based on 2015 demographic data taken directly from the U.S.

Census. The 2015 employment data are derived from (1) California County-Level Economic

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Forecast, 2017-2050, California Department of Transportation, (2) Bay Area Job Growth to 2040: Projections and Analysis, Center for Continuing Study of the California Economy, and (3) U.S. Bureau of Labor Statistics and the U.S. Census Bureau's 2013-2015 ACS.

Table H-6: ABAG/MTC Plan Bay Area Projections for Housing, Households and Jobs (2020-2040)
City Housing Units
%
Change
Households
%
Change
Jobs
%
Change
2020 2040 2020 2040 2020 2040
Atherton 2,560 2,560 0% 2,470 2,460 -1% 2,140 2,165 +2% Belmont 11,085 11,775 +6% 10,910 11,620 +7% 9,240 9,430 +2% Brisbane 6,500 6,670 +3% 6,360 6,410 +1% 6,590 16,870 +155 %
Burlingame 13,110 14,010 +7% 12,755 13,735 +8% 32,335 42,625 +32% Colma 860 940 +9% 835 940 +13% 4,070 4,315 +6%
Daly City 34,500 36,360 +5% 33,615 35,775 +6% 18,370 22,480 +22% East Palo Alto 7,730 8,705 +13% 7,610 8,675 +14% 5,810 6,660 +15% Foster City 13,310 15,365 +15% 13,055 15,110 +16% 23,700 27,250 +15% Half Moon Bay 4,790 4,790 +0% 4,590 4,585 -1% 5,290 5,375 +2% Hillsborough 4,000 4,015 +1% 3,895 3,910 +1% 2,210 2,265 +3% Menlo Park 15,650 18,045 +15% 15,390 17,680 +15% 36,410 42,475 +17% Millbrae 8,470 10,050 +19% 8,235 9,725 +18% 6,570 11,595 +76% Pacifica 14,565 14,800 +2% 14,155 14,520 +3% 6,160 7,115 +16% Portola Valley 1,855 1,855 +0% 1,800 1,800 0% 1,520 1,520 0% Redwood City 31,540 38,640 +23% 30,820 38,085 +24% 71,050 86,720 +22% San Bruno 15,345 18,310 +19% 14,890 17,935 +20% 14,645 14,780 +1% San Carlos 13,725 14,060 +3% 13,575 13,985 +3% 17,800 19,135 +8% San Mateo 43,870 51,400 +17% 43,035 50,830 +18% 62,570 68,010 +9% South San Francisco 22,700 25,715 +13% 22,155 25,305 +14% 46,365 54,230 +17% Woodside 2,205 2,210 +1% 2,130 2,125 -1% 2,000 1,995 -1% Unincorporated 22,845 23,480 +3% 21,980 22,755 +4% 24,430 25,045 +3% County Total 291,195 323,755 +11% 284,260 317,965 +12% 399,275 472,045 +18% SMC Change (2010-
2040) +32,560

+33,705

+72,770

Source: Plan Bay Area 2040, Final Forecast of Jobs, Population and Housing

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Table H-7: Projections for Population, Households and Total Jobs (2010-2040) Geographic
Area 2010 2015 2020 2025 2030 2035 2040
2010-
2040
Change
Bay Area Regional Total
Population 7,150,740 7,573,915 7,920,230 8,284,200 8,689,440 9,142,745 9,652,950 2,502,210 Households 2,606,290 2,678,810 2,881,965 3,009,055 3,142,015 3,281,130 3,426,700 820,410 Persons Per
Household 2.69 2.77 2.69 2.70 2.71 2.73 2.76 +0.07
Employed
Residents 3,506,680 3,894,850 4,147,000 4,270,595 4,397,865 4,528,925 4,663,900 1,157,220 Jobs 3,451,820 4,026,060 4,136,190 4,267,760 4,405,125 4,548,565 4,698,375 1,246,555 Jobs/Employed
Residents .98 1.03 .99 .99 1.0 1.0 1.01 +0.03
San Mateo County
Population 718,450 757,895 796,925 816,460 853,260 878,020 916,590 198,140 Households 257,835 270,715 284,260 290,330 302,520 308,410 317,965 60,130 Persons Per
Household 2.75 2.76 2.77 2.78 2.78 2.81 2.84 +0.09 Employed
Residents 367,940 396,885 415,275 420,235 433,655 437,190 446,040 78,100 Jobs 347,860 385,770 399,275 415,305 423,005 436,205 472,045 124,185 Jobs/Employed
Residents .95 .97 .96 .99 .98 1.00 1.06 +0.11
% of Bay Area
Population 10.0% 10.0% 10.0% 9.8% 9.8% 9.6% 9.4% -0.6%
% of Bay Area
Jobs 10.0% 9.5% 9.7% 9.7% 9.6% 9.6% 10.0% 0%
Colma Planning Area (City Limits)
Population 1,485 1,485 1,492 2,500 2,545 2,690 2,485 1,000 Households 430 795 835 880 895 935 940 510
Persons Per
Household 3.31 2.86 2.82 2.81 2.82 2.85 2.62 -0.69 Employed
Residents 1,035 1,175 1,185 1,215 1,225 1,225 1,130 95
Jobs 3,935 4,065 4,070 4,150 4,195 4,270 4,315 380
Jobs/Employed
Residents 3.80 3.46 3.43 3.42 3.42 3.49 3.82 +0.02
% of County
Population 0.2% 0.2% 0.2% 0.3% 0.3% 0.3% 0.3% +0.1%
% of County Jobs 1.1% 0.8% 1.1% 0.9% 0.9% 0.9% 0.9% +0.2% Source: Plan Bay Area 2040 Model Estimates

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Table H-8: Projections for Types of Jobs (2010-2040)*
Job Industry 2010 2015 2020 2025 2030 2035 2040
2010-
2040
Change
Bay Area Regional Total
Agriculture and
Natural Resources 22,800 24,990 24,865 24,740 24,620 24,500 24,380 +1,580 Mfg, Wholesale
and Transportation 525,685 524,475 523,320 522,175 521,025 519,885 518,740 -6,945 Retail 325,645 356,555 364,515 372,655 380,975 389,480 398,175 +72,530 Health, Educ. and
Recreation Service 998,125 1,112,930 1,178,130 1,247,145 1,320,205 1,397,545 1,479,410 +481,285 Financial and
Professional
Services 817,405 1,138,830 1,174,370 1,211,020 1,248,815 1,287,790 1,327,980 +510,575 Information,
Government and
Construction 733,180 852,355 870,990 890,030 909,490 929,365 949,685 +216,505 Total Jobs 3,422,845 4,010,135 4,136,190 4,267,760 4,405,125 4,548,565 4,698,375 +1,275,530 Total Employed
Residents 3,376,380 4,026,995 4,147,000 4,270,595 4,397,865 4,528,925 4,663,900 +1,287,520 San Mateo County
Agriculture and
Natural Resources 2,305 2,475 2,460 2,455 2,450 2,435 2,440 +135 Mfg, Wholesale
and Transportation 63,720 58,320 55,850 53,595 51,240 49,430 48,305 -15,415 Retail 34,625 36,515 37,530 38,120 39,220 39,420 39,675 +5,050 Financial and
Professional
Services 91,670 124,590 130,365 140,750 145,610 151,195 169,620 +77,950 Health, Educ. and
Recreation Service 90,695 96,840 104,175 110,690 114,890 120,415 134,400 +43,705 Information,
Government and
Construction 60,325 67,025 68,900 69,695 69,595 73,305 77,605 +17,280 Total Jobs 343,335 385,770 399,275 415,305 423,005 436,205 472,045 +128,710 Total Employed
Residents 332,760 396,885 415,275 420,235 433,655 437,190 446,040 +113,280 Ratio of Jobs to
Employed
Residents
(San Mateo Co.) 1.03 .97 .96 .99 .98 .99 1.06 +0.03
*Continued on next page

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Job Industry 2010 2015 2020 2025 2030 2035 2040
2010-
2040
Change
Colma Planning Area (City Limits)
Agriculture and
Natural Resources 0 5 5 5 5 5 5 +5
Mfg, Wholesale
and Transportation 160 165 150 150 150 155 155 -15
Retail 2,030 2,075 2,180 2,285 2,325 2,395 2,435 +405
Financial and
Professional
Service 115 145 140 140 140 140 140 +25
Health, Educ. and
Recreation Service 1,180 1,215 1,160 1,135 1,135 1,130 1,135 -45 Information,
Government and
Construction 430 460 440 440 440 445 450 +20
Total Jobs 3,915 4,065 4,070 4,150 4,195 4,270 4,315 +400 Total Employed
Residents 970 1,175 1,185 1,215 1,225 1,225 1,130 +160
Ratio of Local Jobs
to Employed
Residents 4.04 3.46 3.43 3.42 3.42 3.49 3.82 -0.22
Source: Plan Bay Area 2040 Model Estimates
Though San Mateo County has a robust economy, much of its workforce cannot afford to live within the county. Job growth has been strong, though cyclical, over the past 10 years, and is projected to continue. Housing development has not kept up pace with the growth in local jobs.

According to ABAG/MTC Staff and Baird + Driskell Community Planning (Housing Needs Data Report, 2021), the number of homes in Colma increased 15.9%, from 2010 to 2020, which is above the growth rate for San Mateo County and the growth rate of the region’s housing stock during that time period.

A home meets the standard definition of affordability if it does not cost more than 30 percent of a household’s income. A household that spends more than 30 percent of its gross income on housing is considered to be overpaying for housing. Housing that costs more than 30% of household income is a more acute problem for lower income households since there is less discretionary money for other necessities.

While individual household income conditions vary, an example can be useful to illustrate affordability conditions for a low-income family in San Mateo County. A four-person family, with one parent working full-time as a cook and the other parent working in retail, could afford a monthly rent of about $1,690 and a home sale price of $274,650. A single parent family with the adult working as a police officer would be considered moderate income and could afford a monthly rent of about $2,505 and a home costing $407,053. Neither of these example households could afford San Mateo County’s median condominium, costing $910, or a single-

H-17
family home, which costs $1,891,500 (SAMCAR). For example, a single-parent family also cannot afford the median county rent of $2,618.

Other examples of affordable home sales and rents based on occupation are shown in Table H- 9 below.

Table H-9: Home Affordability by Occupation (2021)
Occupation

Annual Salary Affordable Home
Affordable
Rent
Elementary School Teacher $76,136 $288,697 $1,777
Police Officer $107,349 $407,053 $2,505
Cook $33,550 $127,217 $783
Retail Salesperson $38,883 $147,440 $907
Registered Nurse $131,263 $497,731 $3,063
Source: HCD State Income Limits 2021; www.hsh.com/calc-howmuch.html Maximum Affordable House Price is based on the following assumptions: 5% interest rate; 30-year fixed loan; 50% Yearly Salary as Down Payment; 1% property tax; PMI, .5% insurance rate; and no other monthly payments/debt.

Colma has more than three times as many jobs as residents, with approximately 4,070 jobs in the Town. Colma serves as a regional shopping destination for retail goods, used and new automobiles, and automobile services. In addition, Colma serves a regional need for cemetery land and associated services. The Town also has a card room, Lucky Chances, which employs over 600 individuals. About 39 percent of workers in the town make between $1,251 and $3,333/month, and 40 percent make more than $3,333 per month. Almost all (93 percent) of the workers in Colma commute in from other cities to work, according to 2020 US Census data.

The majority of these jobs are hourly wage from retail and other services, which traditionally are not high-paying types of employment.

According to ABAG projections, Colma can expect to see its workforce increase 10 percent by 2040, with much of that job growth coming from the retail services sector.

H-18
Table H-10: Workforce Age, Salary and Education
Category Colma County
Jobs by Worker Age
Age 29 or Younger 26% 20%
Age 30 to 54 46% 58%
Age 55 or Older 28% 22%
Salaries Paid by Jurisdiction Employers
$1,250 per Month or Less 21% 13%
$1,251 to $3,333 per Month 39% 21%
More than $3,333 per Month 40% 67%
Jobs by Worker Educational Attainment
Less than High School 15% 11%
High School or Equivalent, No College 17% 14%
Some College or Associate Degree 24% 22%
Bachelor’s Degree or Advanced Degree 18% 34%
Educational Attainment Not Available 26% 19%
Total Workers 4,509 422,723
Source: 2019 U.S. Census On The Map
Note: Educational Attainment Not Available is for workers 29 and younger

H-19

HOUSEHOLD TRENDS AND CHARACTERISTICS
In 2020, the estimated number of households within Colma was 480 per US Census data.

OCCUPANCY CHARACTERISTICS
Colma has a relatively large average household size at 3.08 individuals which is an increase from 2.8 in 2010. Households in renter-occupied units tend to be slightly larger at 3.12.

Table H-11 Household Size
Year Household Size Colma County State
2010 Average Household Size 2.8 2.7 2.4
2020
Average Household Size 3.08 2.87 2.9
Owners Average Household Size 3.03 2.95 3.0
Renters Average Household Size 3.12 2.75 2.9
Source: US Census, 2010 American Community Survey 5-Year Estimates 2020 American Community Survey 5-Year Estimates
More than 30 percent of the households in Colma represent families with children. 38 percent of the population consists of families without children, which has increased since 2010. Single people make up 20 percent of households.

Table H-12 Household Type
Household Type Colma County State
Single person 20% 22% 24%
Family no children 38% 38% 34%
Family with children 34% 32% 34%
Multi-person, nonfamily 8% 8% 8%
Total households 485 263,351 13,103,114
Source: 2020 American Community Survey 5-Year Estimates

Overcrowded Households
According to the U.S. Census Bureau, a unit is considered overcrowded if it is occupied by more than 1.01 persons per room (excluding bathrooms and kitchens). Homes with more than 1.5 persons per room are considered severely overcrowded. Overcrowding increases health and safety concerns and stresses the condition of the housing stock and infrastructure.

H-20
Colma has a small number of overcrowded homes. Almost 3 percent of owner-occupied homes, or 7 homes, are overcrowded. The vast majority of rental homes are not overcrowded, and zero homes are extremely overcrowded, however, nine total homes are considered overcrowded.

The percentage of overcrowded households has decreased since 2010, when close to 15 percent of homes were considered overcrowded.

Table H-13 Number of Overcrowded Units
Occupant Overcrowded
Occupied
Homes
Percent
Colma County State
Owner
Not overcrowded 222 97% 97% 96%
Overcrowded 7 3% 2% 3%
Extremely overcrowded 0 0% 1% 1%
Renter
Not overcrowded 232 96% 85% 87%
Overcrowded 9 4% 8% 8%
Extremely overcrowded 0 0% 7% 5%
Source: US Census, 2020 American Community Survey 5-Year Estimates Note: 0-1 people per room is not overcrowded, 1-1.5 people per room is overcrowded, more than 1.5 people per room is extremely overcrowded
Trends in Household Income and Tenure
Colma’s median household income is $118,750, which is below the countywide average of $128,091. Just over 40 percent of Colma’s households make more than a moderate income, while 43 percent of Colma’s households are lower income. Sixteen percent of all households are considered low-income, 11 percent are very low income, and 16 percent are extremely low income.

Figure H-2: Households by Income
Source: US Census, 2020 American Community Survey 5-Year Above Moderate
43%
Moderate
14%
Low
16%
Very Low
11%
Extremely Low
16%

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Table H-14: Household Income
Income Colma County State
Under $25,000 9% 9% 16%
$25,000 to $34,999 3% 4% 7%
$35,000 to $49,999 3% 6% 10%
$50,000 to $74,999 12% 10% 15%
$75,000 to $99,999 14% 10% 12%
$100,000+ 59% 61% 40%
Poverty Rate 8.9% 6.7% 12.6%
Total (Estimated Households) 485 263,351 13,103,114
Median Income 2011 $86,640 $91,958 $63,816
Median Income 2020 $118,750 $128,091 $78,672
Source: US Census, 2020 American Community Survey 5-Year Estimates Note: Adjusted for inflation to 2020 dollars
Table H-15: Households by Income and Tenure
Occupant
Extremely
Low Income
Level
Very
Low
Income
Level
Low
Income
Level
Moderate
Income
Level
Above
Moderate
Income
Level
Owner 20% 50% 66% 38% 64%
Renter 80% 50% 33% 62% 36%
Total 75 50 75 65 210
% of all households 16% 11% 16% 14% 44%
Sources: CHAS Data 2014-2018

HOUSING VALUES AND COSTS
With relatively few homes, housing price data for Colma is hard to come by. According to Zillow data from 2022, the median sale price for a home (including both multi-family and single- The existing Sterling Park
neighborhood was
improved to include brick
streets, sidewalks,
landscaping, lighting, and
underground utilities.

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family) in Colma is $1,180,000. While Colma’s home prices are below countywide averages for single-family homes, prices for multi-family homes are slightly higher. A median home in Colma is still unaffordable to most households making less than the median income.

Table H-16: Ability to Pay for For-Sale Housing

Annual
Income
Maximum
Affordable
Home Price
Median Home
Sale Price
Affordability
Gap
Single Person Household
Extremely Low Income $38,400 $142,016 $1,180,000 -$1,037,984 Very Low Income $63,950 $236,509 $1,180,000 -$943,491
Low Income $102,450 $378,895 $1,180,000 -$801,105
Median Income $104,700 $387,216 $1,180,000 -$792,784
Moderate Income $125,650 $464,697 $1,180,000 -$715,303
Four Person
Extremely Low Income $54,800 $202,669 $1,180,000 -$977,331 Very Low Income $91,350 $337,844 $1,180,000 -$842,156
Low Income $146,350 $541,253 $1,180,000 -$638,747
Median Income $149,600 $553,272 $1,180,000 -$626,728
Moderate Income $179,500 $663,853 $1,180,000 -$516,147
Source: HCD State Income Limits 2021 and State CDBG and HOME Income Limits www.hsh.com/calc-howmuch.html Note: Maximum Affordable House Price is based on the following assumptions: 5% interest rate; 30-year fixed loan; 50% Yearly Salary as Down Payment; 1% property tax; PMI, .5% insurance rate; and no other monthly payments/debt.

Extremely limited rental data is available for Colma due to the small number of homes.

According to this limited data, Colma’s rental prices for one- and two-bedroom apartments are higher than the countywide averages for apartments of a similar size.

Table H-17: Summary of 2022 Rents
Bedrooms Colma County
Studio no data $2,025
One Bedroom $2,797 $2,618
Two Bedroom $3,627 $3,469
Three Bedroom no data $4,300
Four Bedroom no data $6,188
Source: Zumper Rent research

H-23
Overpayment for Housing
A household that is overpaying for housing if more than 30 percent of their income is spent on rent or mortgage payments. In Figure H-3, data from ABAG shows that more than half of the Colma residents are utilizing less than 30% of their income for housing. 19% of renters and 26% of homeowners are utilizing between 30% and 50% of their income towards housing.

While 28% of renters and 13% of homeowners are utilizing more than half of their income towards housing costs. Numbers from this figure show that at least half of the residents in Colma whether renting or owner are not severely cost-burned related to housing costs.

Figure H-3: Overpayment (Cost Burden) by Tenure

Source: ABAG Housing Needs Data Workbook
According to the Table H-18, approximately 48 percent of Colma residents earning under $75,000 annually are overpaying for homeownership. 30 percent of those making more than $75,000 are overpaying for their homes. Almost 95 percent of the lowest income renters, those making under $35,000, are overpaying on rent, and almost 57 percent of those making under $75,000 are overpaying as well.

If there is not enough affordable housing in Colma, lower income households may choose to relocate out of the area and commute into the city to work. Those who do live in Colma may need to live in overcrowded homes and have extremely limited finances for other necessities such as food, transportation, and medical care. Extremely low-income households paying more than 50 percent of their income towards housing are at greater risk of becoming homeless.

H-24
Table H-18: Households Overpaying for Housing
Occupant Income
Colma County State
Number Percent Percent Percent
Owner occupied
Less than $35,000 9 82% 80% 73%
$35,000-$74,999 16 48% 52% 48%
$75,000+ 58 30% 20% 17%
Renter occupied
Less than $35,000 40 95% 91% 91%
$35,000-$74,999 16 57% 88% 65%
$75,000+ 30 19% 23% 15%
Source: US Census, 2020 American Community Survey 5-Year Note: Excludes Households with no income or cash rent.

H-25

HOUSING CHARACTERISTICS

PHYSICAL CHARACTERISTICS
Colma’s housing stock has grown even faster than its population. In 2010 Colma had 446 homes, and by 2020 it had 558 homes - an increase of 8%. Most of the homes in Colma are single-family detached buildings. There are two townhome/attached single-family developments and one Veterans housing development with a combined total of 147 units which account for 26% of the total housing units. Close to 47% of the homes in Colma have three bedrooms. 41% of the homes have 1-2 bedrooms.

According to 2020 data from the American Community Survey, Colma has a vacancy rate of 13%. About 14% of those units are vacant for seasonal, recreational or occasional use. The other 86% are classified as “other vacant”. The Census Bureau classifies vacant units as “other vacant” if they are vacant due to foreclosure, personal/family reasons, legal proceedings, repairs/renovations, abandonment, preparation for being rented or sold, or vacant for an extended absence for reasons such as a work assignment, military duty, or incarceration. A housing market with a vacancy rate under five percent is considered to be a tight market. Tight markets can lead to high housing prices and thus higher rates of overcrowding.

A remodeled historic single family home
(right) and duplex units (top) in Colma’s
Sterling Park neighborhood.

H-26
Figure H-4: Building Type Chart
Source: US Census, 2010 American Community Survey 5-Year Estimates Table H-19: Total Housing Units
Year

Colma County State
Number Percent
Change Number Percent
Change Number Percent
Change
2010 491 no data 270,039 no data 13,552,624 no data
2020 558 17.0% 278,756 3.2% 14,210,945 5%
Source: US Census, 2010 American Community Survey 5-Year Estimates 2010 US Census SF1, 2020 American Community Survey 5-Year Estimates Table H-20 Tenure Type
Year Occupant Colma County State
2010 Percent Owners 53.6% 61.1% 57.4%
Percent Renters 46.4% 38.9% 42.6%
2020 Percent Owners 49.5% 59.9% 55.3%
Percent Renters 50.5% 40.1% 44.7%
Source: US Census, 2010 American Community Survey 5-Year Estimates US Census, 2020 American Community Survey 5-Year Estimates

Single Family
Detached
43%
Single-Family
Attached
27%
2 units
9%
3 or 4 units
13%
5 to 9 units
1%
10 to 19 units
4%
20 or more units
3%

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Table H-21: Building Type
Building Type Colma County State
Single-Family Detached 43.9% 56.5% 57.7%
Single-Family Attached 26.7% 8.4% 7.1%
2 units 8.8% 2.5% 2.4%
3 or 4 units 13.1% 4.5% 5.4%
5 to 9 units 0.7% 6.4% 5.9%
10 to 19 units 3.6% 5.9% 5.1%
20 or more units 3.2% 14.7% 12.6%
Mobile Home or Other 0% 1.2% 3.7%
Total 558 278,756 14,210,945
Source: US Census, 2020 American Community Survey 5-Year Estimates, Table DP04, Town of Colma Building Permit records, San Mateo County Assessor’s Records Table H-22: Bedrooms
Bedrooms Colma County State
No bedroom 0% 4.9% 4%
1 bedroom 22.2% 15.2% 4.0%
2 bedrooms 19.2% 25.4% 4.3%
3 bedrooms 46.6% 33.0% 11.8%
4 bedrooms 10.0% 16.8% 19.1%
5 bedrooms 2.0% 4.7% 19.4%
Total 558 278,756 14,210,945
Source: US Census, 2020 American Community Survey 5-Year Estimates, Table DP04.

Vacancy rates in Colma by tenue are shown in Table H-23. While this table shows vacancy rates at 0% for the years 2016 to 2020, there are 63 units that are categorized as other vacant and 10 homes categorized as for seasonal, recreational, or occasional use. The Town does not currently allow for short-term rentals as dwelling units defined in the municipal code as means a building or portion thereof designed or used for occupancy for no fewer than 30 consecutive days by persons living as one household. The 10 vacant homes could be second homes or vacation homes. However, it is uncertain where or what the 63 units categorized as vacant could be. As part of the annual reporting and Program 7.1 Neighborhood Improvement, the Planning Department and Code Enforcement Office will assess where and which units in town appear to be vacant. The City Council decided not to adopt an ordinance on short-term rental because there was minimal concern that it would reduce the housing inventory. Instead, the existing definition of dwelling unit was revised to state that occupancy for no fewer than 30 consecutive days by persons living in a household.

H-28
Table H-23: Vacancy Rate 2016-2020

Colma County State
Year
Homeowner
Vacancy
Renter
Vacancy
Homeowner
Vacancy
Renter
Vacancy
Homeowner
Vacancy
Renter
Vacancy
2016 0% 0% 0.6% 2.6% 1.3% 3.8%
2017 0% 0% 0.6% 3.0% 1.2% 3.6%
2018 0% 0% 0.6% 3.6% 1.2% 3.5%
2019 0% 0% 0.6% 3.9% 1.1% 3.6%
2020 0% 0% 0.7% 4.5% 1.1% 3.7%
Source: US Census, 2020 American Community Survey 5-Year Estimates, Table DP04.

HOUSING STOCK CONDITIONS
In addition to issues with affordability and overcrowding, housing can have physical problems such as age or lack of facilities. One of the best ways to assess the condition of the housing stock is through a windshield tour. However, the Census gives some useful information as to the status of housing stock.

Approximately 35% of Colma’s housing stock has been built since 2000. This percentage is extremely high; comparatively, approximately nine percent of San Mateo County’s housing stock has been built since 2000. 48% of Colma’s housing stock was built in the 1950s or earlier. Older housing can be more expensive to maintain and renovate.

Table H-24: Year Structure Was Built
Colma County State
Built in 2014 or more recently 0.4% 2.3% 2.4%
Built in 2010 to 2013 0.0% 1.6% 1.8%
Built in 2000s 34.9% 5.3% 10.9%
Built in 1990s 5.9% 6.2% 11.0%
Built in 1980s 7.3% 9.6% 15.1%
Build in 1970s 2.2% 17.3% 17.5%
Built in 1960s 0.9% 17.2% 13.2%
Built 1950s or Earlier 48.3% 40.5% 30.1%
Source: US Census, 2020 American Community Survey 5-Year Estimates, Table DP04 The Census tracks other housing problems, including a lack of plumbing and kitchen facilities.

In Colma, the data shows four homes lacking complete kitchen facilities and four homes lacking telephone service in Colma.

H-29
Under the Policies, Programs, and Objectives Table, Policy 7 will help identify the condition of existing housing stock and estimate the number of units in need of rehabilitation or replacement. By identifying units that need repair, this policy will help with the conservation of existing housing stock and improve housing conditions for the resident. As a result, the Town can have a better gauge of how many housing units are in disrepair. This policy will be a joint effort between the Planning Department and Code Enforcement Officer.

Table H-25: Number of Potential Housing Problems

Colma County
Number
of Homes Percent Number of
Homes Percent
Lacking complete plumbing facilities 0 0.0% 664 0.3%
Lacking complete kitchen facilities 4 0.8% 2,428 0.9%
No telephone service available 4 0.8% 3,384 1.3%
Source: US Census, 2020 American Community Survey 5-Year Estimates, Table DP04

H-30

BELOW MARKET RATE HOUSING TRENDS AND

CHARACTERISTICS
Units offered at rents or sale prices below that which they would command on the open market are referred to as “below-market rate” or BMR units. They are also often referred to as “affordable housing” units. Approximately 47 percent of Colma’s households make more than a moderate income, while 42 percent are lower income. Approximately 18 percent of all households are considered low-income, 11 percent are very low income, and 14 percent are extremely low income.

Creekside Villas consists of 18 units developed by the Town of Colma with monies from the Town’s general fund in the early 1990s. The units, located along El Camino Real, are reserved for senior tenants. The below-market rate rents collected from these housing units are paid into the general fund. Creekside Villas is considered low risk for market rate conversion and do not currently have an expiration date for conversion.

In the last housing cycle, Veterans Village, a 65-unit affordable housing development for Veterans was built and completed using National Equity Fund (NEF) invested Housing Credit equity. Currently, 31 units are allotted for very low-income households, and 34 units are for low income households. This property is considered a Low Income Housing Tax Credit property (LIHTC), is considered low for market rate conversion and the current agreement will not expire until 2071.

POTENTIAL LOSS OF SUBSIDIZED UNITS
Government Code Section 65583 requires local jurisdictions to address the potential conversion of multi-family rental housing that receives governmental assistance under federal programs, state and local multi-family revenue bond programs, or local density bonus programs to no low- income housing use. There are no locally subsidized units at risk in Colma, as the Town has not issued mortgage revenue bonds, has not approved any density bonus units with financial assistance, and has not assisted multi-family housing with redevelopment or CDBG funds.

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HOUSING NEEDS

DETERMINATION OF HOUSING NEEDS
The Regional Housing Needs Allocation (RHNA) process addresses housing needs across income levels for each jurisdiction in California. All of the Bay Area’s 101 cities and nine counties are given a share of the Bay Area’s total regional housing need. The Bay Area’s regional housing need is allocated by the California Department of Housing and Community Development (HCD) and finalized though negotiations with the Association of Bay Area Governments (ABAG). San Mateo County jurisdictions, through a unique process different from other Bay Area counties, collaboratively developed a formula to divide up San Mateo County’s overall housing allocation among the 21 jurisdictions in the county.

Table H-26: Regional Housing Needs Allocation (2023-2031) – 6th Cycle

Very
Low
Income
Low
Income
Moderate
Income
Above
Moderate
Income Total
Atherton 94 54 56 144 348
Belmont 448 281 283 733 1,785
Brisbane 317 183 303 785 1,588
Burlingame 863 497 529 1,368 3,257
Colma 44 25 37 96 202
Daly City 1,336 769 762 1,971 4,838
East Palo Alto 165 95 159 419 829
Foster City 520 299 300 777 1,896
Half Moon Bay 181 104 54 141 480
Hillsborough 155 89 87 223 554
Menlo Park 740 426 496 1,284 2,946
Hillsborough 575 331 361 932 2,199
Pacifica 538 310 291 753 1,892
Portola Valley 73 42 39 99 253
Redwood City 1,115 643 789 2,041 4,588
San Bruno 704 405 573 1,483 3,165
San Carlos 739 425 438 1,133 2,735
San Mateo 1,777 1,023 1,175 3,040 7,015
South San Francisco 871 502 720 1,863 3,956
Woodside 90 52 52 134 328
Unincorporated SMC 811 468 433 1,121 2,833
Source: Association of Bay Area Governments, Final RHNA Allocation Report 2023-2031

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According to the RHNA, Colma will need to ensure there is land available for a total of 202 new units between 2023 and 2031. Approximately 48 percent of those units will be for households making more than moderate income, 18 percent will be for households making moderate income, 12 percent for low-income, and 22 percent for very low income.

The housing policies and programs set forth in this document are intended to reach the local housing objective of 202 units within the 2023 to 2031 period.

SPECIAL HOUSING NEEDS
Certain groups have greater difficulty in finding decent, affordable housing due to their special circumstances. Special circumstances may be related to employment and income, family characteristics, disability, and/or household characteristics.

State Housing Element law states that special needs groups include the following: senior households, disabled persons, developmentally delayed persons, large households, female- headed households with children, students, homeless persons, and farmworkers. This section provides a discussion of the housing needs facing each group.

Currently, the Zoning Code allows for multiple dwelling units of up to six units such as residential care facilities with a Use Permit in residential, commercial, and planned development zones provided that the residential density does not exceed that specified in the Colma General Plan. This process involves review from the Planning, Building, Engineering/Public Works, and Colma Fire Protection District. Once the departments review the application, the project will have to go up to City Council for approval. For dwelling units over seven, the project must be either in a PD zone or re-zone to a PD. This process could provide a constraint of housing for persons with disabilities, as this involves a discretionary process. With the establishment of the new Housing Element Zoning overlay, the barriers to this type of housing are removed.

HOUSING NEEDS FOR SENIOR RESIDENTS
Seniors face many housing challenges as they age, including a fixed budget, higher medical costs, and greater likelihood of disabilities. According to the US Census 2020 American Community Survey, it is estimated that 13.9% of Colma’s population is over the age of 65 (about 208 individuals).

The Town of Colma owns 18
Senior Housing Units, located
on El Camino Real

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Roughly 25% of the seniors in Colma have incomes higher than $100,000, but almost half the seniors have an income below $50,000. The US Census 2020 American Community Survey estimates that approximately 20% of the population over the age of 65 in Colma is in poverty.

Seniors in Colma, like seniors in San Mateo County at large, are significantly more likely to be homeowners than renters. Thus, housing concerns for seniors in Colma might include retrofits to allow seniors to age in place (stay in their current home as they get older). Often, homeownership means greater housing security. According to ABAG MTC, all seniors making less than 30% of AMI are spending the majority of their income on housing. For seniors making more than 100% of AMI, 46.2% spend less than 30% of their income on housing and are considered as not cost-burdened by housing costs.

As the large baby boomer population ages, Colma, like the rest of San Mateo County, is expected to see a growing senior population. According to the “Key Housing Trends in San Mateo County” document, the County can expect to see a 76% increase in the number of seniors. A key challenge in the coming years will be how to accommodate the needs of aging residents. For more information about senior trends and preferences, refer to the 2013 “Key Housing Trends in San Mateo” report in Appendix A.

Table H-27: Senior Households by Tenure (2020)
Occupant Colma County State
All Ages

Owners 49.5% 59.9% 55.3%
Renters 50.5% 40.1% 44.7%
Total 485 263,351 13,103,114
Age 65-74

Owners 54.3% 79.2% 75%
Renters 45.7% 20.7% 25%
Total 35 37,482 1,834,659
Age 75-84

Owners 57.7% 80.6% 75%
Renters 42.3% 19.3% 25%
Total 52 20,016 922,510
Age 85 +

Owners 62.5% 74.3% 68.3%
Renters 37.5% 25.6% 31.7%
Total 8 11,465 441,681
Source: US Census, 2020 American Community Survey 5-Year Estimates Notes: Seniors are age 65 +

PEOPLE LIVING WITH DISABILITIES
People with disabilities face many challenges when looking for housing. There is a limited supply of handicap accessible, generally affordable housing, and the supply is especially tight

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near transit. Being near transit is important because many people with disabilities cannot drive.

People with disabilities are also often extremely low-income due to the challenge of securing long-term employment and higher medical bills. Additionally, some people with disabilities, particularly developmental disabilities, have lived with their parents and often do not have rental or credit history. This makes it harder for them to compete for the limited housing that is available.

PEOPLE WITH DEVELOPMENTAL DISABILITIES
SB 812 requires Housing Elements to include an analysis of the special housing needs of people with developmental disabilities. Additionally, SB 812 requires that individuals with disabilities receive public services in the least restrictive, most integrated setting appropriate to their needs.

The State Welfare and Institutions Code (Section 4512) defines a “developmental disability” as a disability that originates before an individual becomes 18 years of age, can be expected to continue, indefinitely, and constitutes a substantial disability for that individual, which includes retardation, cerebral palsy, epilepsy, and autism. Due to the rise of autism spectrum disorders (ASD), the Housing Element is required to address and analyze the housing needs of persons with developmental disabilities, and to identify resources to serve this population.

People with developmental disabilities in San Mateo County have various diagnoses. The common ones are summarized below. Because people can have multiple diagnoses, the numbers total more than 100 percent.

Table H-28: Type of Developmental Disability (2020)
Developmental Disability Percent
Mild/Moderate Mental Retardation 43.3%
Autism 25.9%
Epilepsy 14.7%
Cerebral Palsy 14.4%
Severe/Profound Mental Retardation 9.5%
Source: Golden Gate Regional Center, 2020 Performance Report People with developmental disabilities tend to be younger than the general population. There are several reasons for this. For some diagnoses there is a shorter life expectancy. More importantly, starting in the 1990s there was an “autism wave”, with many more young people being diagnosed with the disorder, for reasons that are still not well understood. The racial demographics of the developmentally disabled population mirror that of the population of the Bay Area.

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Table H-29: Age of People with Development Disabilities (2020) Age Range
People with
Developmental Disability
(Colma)
Under 18 4
Over 18 6
Source: California Department of Developmental Services, Consumer Count by California ZIP Code and Age Group (2020)
Notes:
-The California Department of Developmental Services is responsible for overseeing the coordination and delivery of services to more than 330,000 Californians with developmental disabilities including cerebral palsy, intellectual disability, Down Syndrome, autism, epilepsy, and related conditions. -The California Department of Developmental Services provides ZIP code level counts. To get jurisdiction-level estimates, ZIP code counts were cross walked to jurisdictions using census block population counts from Census 2010 SF1 to determine the share of a ZIP code to assign to a given jurisdiction.

Many people with developmental disabilities are unable to secure long-term employment. This results in many people relying on Supplemental Security Income (SSI) and many earn 10-20 percent of the Area Median Income (AMI).

People with developmental disabilities have various housing needs and situations. All Colma residents with disabilities live with a parent or legal guardian.

Table H-30: Living Arrangements of People with Developmental Disabilities Lives with Number (Colma)
Home of Parents/Family/Legal Guardian 9
Community Care Facility 0
Foster Family Home 0
Independent/Supportive Living 0
Intermediate Care Facility 0
All Others 0
Source: California Department of Developmental Services, Consumer Count by California ZIP Code and Residence Type (2020)
Notes:
-The California Department of Developmental Services is responsible for overseeing the coordination and delivery of services to more than 330,000 Californians with developmental disabilities including cerebral palsy, intellectual disability, Down syndrome, autism, epilepsy, and related conditions. -The California Department of Developmental Services provides ZIP code level counts. To get jurisdiction-level estimates, ZIP code counts were cross worked to jurisdictions using census block population counts from Census 2010 SF1 to determine the share of a ZIP code to assign to a given jurisdiction.

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Trends that are affecting people with developmental disabilities include California’s moves to reduce institutionalization, aging family caregivers not being able to continue providing in-house care and the growing wave of people with autism.
 Deinstitutionalization – In 1969, California, passed the Lanterman Developmentally Disabilities Services Act, to minimize the institutionalization of developmentally disabled people, help them remain in their communities, and allow them to live their lives as similar to non-disabled people as possible. To accomplish this, the state has been closing large institutional care facilities, resulting in more people with disabilities being integrated into the community. However, this has increased the demand for community- based independent living options to serve the needs of the developmentally disabled.  Aging Baby Boomers Unable to Care for their Children with Developmental Disabilities – As displayed in the Table H-30 below, there is an estimated 39 people between the ages of 18 to 64 with developmental disabilities that live in Colma. Often those who have disabilities live with a parent or caregiver, and many of these caregivers are baby boomers. As these caregivers age their ability to continue to care for their developmentally disabled children will decrease to the point where it is no longer possible. This trend is also going to be a factor in the increased need for community- based independent living options for the developmentally disabled. Many service delivery systems and communities are not prepared to meet this increasing need.  Increasing Numbers of People with Autism - There is a large number of people with developmental disabilities that have autism. They have been brought up as independent members of the community and want to remain independent and involved in the community. There is an impeding need to supply community-based independent living options for these individuals.

OTHER DISABILITIES AND POLICY RECOMMENDATIONS
Some residents of the Town of Colma have both developmental and non-developmental disabilities, including hearing and vision disabilities.

Almost half of the senior population in the Town of Colma has a of disability, and nine percent of the total population in the county has some form of disability. The most common disabilities in the Town are ambulatory disabilities (approximately 7% of the population) and independent living disabilities (approximately 6% of the population).

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Table H-31: Age and Type of Disability
Number Percent
Colma County State Colma County State
Under 18 with Disability 0 3,919 306,806 0.0% 2.5% 3.4% Age 18-64 with Disability 39 23,680 1,944,580 4.1% 4.9% 8.0% Age 65 + with Disability 94 34,818 1,895,565 45% 28.6% 34.2% Any Age with Any Disability 133 62,417 4,146,951 9.0% 8.2% 10.7% Any Age with Hearing
Disability
19 19,065 1,147,500 1.3% 2.5% 3.0%
With Vision Disability 14 10,500 778,145 0.9% 1.4% 2.0% With Cognitive Disability 65 22,911 1,585,969 4.8% 3.2% 4.4% With Ambulatory Disability 92 30,648 2,118,765 6.8% 4.3% 5.8% With Self Care Disability 25 14,141 964,579 1.8% 2.0% 2.6% With Independent Living
Disability
74 26,339 1,654,210 6.4% 4.4% 5.5%
Source: US Census, 2020 American Community Survey 5-Year Estimates, Table S1810.

Note: Some people may have multiple disabilities
The three major needs for people with disabilities are low cost (subsidized) rents, handicap accessible homes, and buildings near public transportation. These needs are very similar to the desires of other segments of the population. Policies that promote affordable housing are generally also beneficial for the disabled community. Specific recommendations from the Golden Gate Regional Center (with a note on Colma’s actions or programs) include:
 Jurisdictions assisting with site identification for low-income developments (Colma’s Program 5.5, regular meetings with non-profit developers, Program 3.2, Density Bonus allowance and Program 4.3, Emergency Shelters)
 Policies to promote accessible homes (Colma’s Program 4.1, Reasonable Accommodation and enforcement of building codes related to accessibility)  Inclusionary zoning (Colma’s Program 3.7, Inclusionary Housing)  Second units (Colma’s Program 2.1, Second Unit Ordinance)  Accessory Dwelling Units (Colma’s Program 2.2)
 Mixed use zoning (Colma’s Program 3.3, High Density Housing near BART) Additionally, some people with developmental disabilities need supportive housing that is affordable and located near public transit. In supportive housing, additional services are provided at the home.

In the Town’s zoning code, it defines the word family interchangeably with household. The household definition does not mention disability nor does the Zoning Code require spacing or concentration requirements for housing for persons with disabilities. In Subchapter 5.15 of the Colma Municipal Code, the Town describes the requests for reasonable accommodation in housing process. This process includes any request for reasonable accommodation may be

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made by any person with a disability, their representative or entity, when the application of a zoning law, building code, or other land use regulation, policy, or practice acts as a barrier to fair housing opportunities. The request may include the elimination of regulatory barriers which include a modification or exception to Town rules, policies and procedures or to the standards and practices for the siting, development and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice. If a request is made, a review with other planning approvals such as a use permit, variance, design review permit, zone change, general plan amendment, or subdivision could be filed at the same time.

FEMALE-HEADED AND LARGE HOUSEHOLDS
Households headed by a single parent can have special needs due to the economic limitation of earning only one income, and the challenges of childcare without a partner. Although gender equality has made strides over the past 50 years, women continue to earn lower incomes than men. Therefore, female-headed households have specific housing needs that must be addressed. Female-headed households can have special needs that require low-cost housing, suitability for children and located near schools and childcare facilities. Innovative, shared living arrangements, including congregate cooking and childcare, may also be appropriate.

Female-headed households comprise 28 percent of the households in Colma. The most vulnerable female-headed households can be those where women are living with children but without a partner. Colma has 90 such households, or 19 percent of the total number of households. Female-headed households are more likely to be living under the poverty line than other households: approximately eight percent of female-headed households in Colma are under the poverty line.

Table H-32: Female-Headed Households

Colma
County State Number Percent
Female living with own children, no
partner 90 18.6% 23.5% 26.2%
Female living alone 48 9.9% 12.6% 13.1%
Total Households 485

100% 263,351

13,103,114

Female Households Below Poverty Level
in past 12 months 38 7.8% 4.2% 11.3%
Source: US Census, 2020 American Community Survey 5-Year Estimates, Table DP02, B17021 Large households are defined as households with five or more members living in the same home. Large households are a special needs group because of the difficulty of finding adequate and affordable housing. The higher costs required for homes with multiple bedrooms can result

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in larger families experiencing a disproportionate cost burden compared to the rest of the population and can increase the risk of housing insecurity.

In Colma, 14% of large family households (5 or more family members) experience a cost burden of 30%-50%. There are no reported large family households that spend 50% or more on their income on housing.

Table H-33: Cost Burden by Household Size
Household Size 0%-30% of income
Used for Housing
30%-50% of
income Used for
Housing
50% of Income
Used for Housing
All other household
types
256 74 52
Large Family (5+
persons)
67 12 0
Total 323 86 52
Source: U.S. Department of Housing and Urban Development (HUD), Comprehensive Housing Affordability Strategy (CHAS) ACS tabulation, 2013-2017 release
Notes:
-Cost burden is the ratio of housing costs to household income. For renters, housing cost is gross rent (contract rent plus utilities). For owners, housing cost is “select monthly owner costs”, which includes mortgage payment, utilities, association fees, insurance, and real estate taxes. HUD defines cost-burdened households as those whose monthly housing costs exceed 30% of monthly income, while severely cost-burdened households are those whose monthly housing costs exceed 50% of monthly income.

HOUSING NEEDS FOR FARMWORKERS
Farmworkers are traditionally defined as persons whose primary incomes are earned through seasonal agricultural labor. Most jurisdictions in San Mateo County have no farms or farmworkers; however, there are 241 farms and 1,321 farmworkers in the county, primarily located in coastal communities. Of these 1,321 farmworkers, 123 are migrant workers and 343 work less than 150 days annually (and are therefore considered to be “seasonal labor”).

Farmworkers who are migrant or seasonal workers have special housing needs because of their relatively low income and the unstable nature of their job (i.e., having to move throughout the year from one harvest to the next). These workers generally face higher rates of overcrowding and other substandard housing conditions. Continued efforts to provide affordable housing, especially affordable housing suitable for families, will help meet the needs of these farmworkers.

The Town of Colma has several commercial container plant nurseries that operate year-round and offer their employees regular pay and benefits. In addition, Colma has two small flower farms that are maintained by individual farmers that lease land and successfully sell their crops to local merchants.

Increasing the housing supply for farmworkers in Town can be achieve through ADUs or JADUs.

In the G cemetery zoning district, upon issuance of a use permit, the City Council would allow

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for a single caretaker unit with or without an ADU or JADU (Colma Municipal Code (5.03.060).

Additionally, the R-S zoning district, allows for manufactured homes (R zone only), and with a use permit, existing multiple residences buildings, warehouses, and other facilities, all of which could be utilized for housing farmworkers (Colma Municipal Code 5.03.080).

Table H-34: Farm workers in San Mateo County (2007-2017) 2007 2012 2017
Total Farms 329 334 241
Land in farms (acres) 57,089 48,160 45,972
Hired Farm Labor 2,608 1,722 1,321
Migrant labor 24 88 123
Working > 150 days annually 1697 718 978
Working <150 days annually 911 329 343
Source: U.S. Department of Agriculture, Census of Farmworkers (2007, 2012, 2017), Table 7: Hired Farm Labor

HOUSING NEEDS FOR THE HOMELESS
All 21 jurisdictions within San Mateo County have adopted the ten-year HOPE Plan (Housing Our People Effectively: Ending Homelessness in San Mateo County), designed to end homelessness within ten years. The HOPE Plan adopts a Housing First policy, which seeks to move homeless people into permanent housing instead of shelters by increasing the stock of affordable and subsidized housing. Although the HOPE planners recognized that there is a lack of needed resources throughout the housing continuum, including emergency and transitional housing, the greatest need and the most effective use of new and/or redirected resources is for creating and sustaining quality affordable housing and supportive housing.

According to the 2019 San Mateo County One Day Homeless Count and Survey, there are 1,512 homeless people living in San Mateo County.

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Table H-35: Demographics of San Mateo County Homeless Population by Household Type

Adult Only Household (73.4%) Family Household (26.5%)
Emergency
Shelter
Transitional
Housing Unsheltered
Emergency
Shelter
Transitional
Housing Unsheltered
Gender
Male 67.7% 62.2% 78.9% 39.7% 42.8% 46.8%
Female 30.8% 37.8% 21.2% 60.3% 57.2% 53.2%
Transgender 1.5% 0.0% 0.1% 0.0% 0.0% 0.0%
Race
White 59.1% 55.4% 74.5% 41.2% 55.0% 75.8%
African
American 20.7% 27% 8.9%

23.5% 14.0% 17.7%
Asian 6.1% 2.7% 0.0% 8.8% 6.6% 0.0%
American
Indian/Alaskan
Native

4.0% 2.7% 8.2% 7.4% 3.3% 1.6%
Native
Hawaiian/Other
Pacific
Islander 7.6% 5.4% 0.1% 4.4% 11.1% 1.6%
Multiple Races 2.5% 6.8% 8.2% 14.7% 10.0% 3.2%
Ethnicity
Hispanic 20.7% 27% 39.3% 41.2% 52% 27.4%
Non-Hispanic 79.3% 73% 60.7% 58.8% 48% 75.8%
Chronicity
Chronic
Homelessness 33.3% 0.0% 30.0% 4.4% 0.0% 0.0%
Source: San Mateo County Human Services Agency, Center on Homelessness, 2019 San Mateo County One Day Homeless Count and Survey
Note: May not total 100% due to rounding.

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Table H-36: Additional Demographics of San Mateo County Homeless Adult Population
Emergency Shelter Transitional Housing Unsheltered
Veteran Population 14% 2% 4%
Alcohol / Drug Abuse 20.5% 10.4% 12%
History of Domestic
Violence 4.5% 7.3% 12%
Severe Mental Illness 31.3% 23.8% 22.7%
Source: San Mateo County Human Services Agency, Center on Homelessness, 2019 San Mateo County One Day Homeless Count and Survey
Note: May not total 100% due to rounding
Table H-37: County Homeless Population Location 2013-2019 Location 2013 2019 Change
Unsheltered
On the Street 353 157 -55.5%
In Car 231 184 -20.3%
In RVs 392 494 +26.0%
In Tents/Encampments 323 66 -79.6%
Total 1,299 901 -30.6%
Sheltered
In Emergency Shelter 272 266 -2.2%
In Transitional Housing 431 345 -20.0%
Total: 703 611 -13.5%
Source: San Mateo County Human Services Agency, Center on Homelessness, 2019 San Mateo County One Day Homeless Count and Survey
Homeless individuals in San Mateo are both sheltered, meaning they live in emergency shelters, transitional housing, treatment centers or similar institutions, and unsheltered, meaning they are unhoused living in encampments, or in a vehicle.

The number of homeless people living on the street in San Mateo County has decreased since 2013. However, the number living in an RV has risen by approximately 26 percent. The remaining 43 percent are considered sheltered homeless, and live in shelters, transitional housing, motels, or institutions.

Many homeless people are single adults (who may be living with another adult, but no children). Still, one-fourth of the sheltered homeless are families. Homeless persons in an adult only household were most likely to be unsheltered and male. In contrast, homeless family households were most likely to be in transitional housing and be headed by a female.

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Table H-38: Location where Homelessness Occurred

Quantification of Available Homeless Assistance Resources Shelters and homeless assistance programs are the main resources available to homeless residents of San Mateo County. Colma helps to meet the needs of its homeless residents by providing financial support and appropriate referrals to local homeless assistance programs available in San Mateo County, including Shelter Network, the Human Investment Project, North Peninsula Food Pantry and Dining Center of Daly City, and the Second Harvest Food Bank. In addition, Colma permits development of a homeless shelter as permitted use in the Commercial (C) zone.

San Mateo County’s Center on Homeless, a program overseen by the County Human Services Agency, coordinates the provision of homeless services within the County, including those by non-governmental entities. The Center on Homeless provides information to county residents and, referrals, administers self-sufficiency programs, and develops homeless resources. There are also several specialized shelters for persons with substance abuse problems, mental illnesses, victims of domestic violence and for the youth.

The nearest large homeless assistance facility is the Community Service Center in Daly City. The Center is a clearinghouse providing motel vouchers, bus tickets and referrals to the County’s transitional shelters. In addition, this facility provides a Home Sharing service which keeps track of those with living quarters to share.

In May of 2013 City Council adopted Ordinance No. 720, allowing emergency shelters on all properties zoned for commercial use, without a conditional use permit or other discretionary permit, and establishing development standards including proximity to other shelters (no closer than 300 feet), vehicle parking for employees, bicycle parking, shelter capacity, client waiting areas, length of stay, screening of outdoor uses, exterior lighting, laundry facilities, and personal property storage applicable to emergency shelters. As defined, an emergency shelter is housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less.

Determination of Unmet Homeless Needs in Colma
As of the 2019 San Mateo Homeless Census, eight unsheltered homeless people were counted in Colma. Homelessness is a regional issue and consideration of the homeless is important in formulating housing policy.

Location County
Living in San Mateo County when became homeless 77%
Hometown in San Mateo County 44%
Source: San Mateo County Human Services Agency, Center on Homelessness, 2019 San Mateo County One Day Homeless Count and Survey

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HOUSING NEEDS FOR EXTREMELY LOW-INCOME HOUSEHOLDS
Extremely Low Income (ELI) households earn 30 percent of the Area Median Income or less.

According to the Department of Housing and Community Development 2022 State Income Limits, this amounts to an annual income of $54,800 or below for a family of four in San Mateo County. Many ELI households live in rental housing and most likely face overpayment, overcrowding or substandard housing conditions. Some ELI households are recipients of public assistance such as social security insurance or disability insurance. Housing types available and suitable for ELI households include affordable rentals, secondary dwelling units, emergency shelters, supportive housing and transitional housing.

Emergency shelters are a permitted use in the Commercial “C” zone that is subject to both development and management standards listed in chapter 5 of the Town’s municipal code. In addition, supportive and transitional housing uses are permitted by right in the “R” and “R-S” zones and permitted with a use permit in the “C” zone. These standards align with measures required by the State of California such as the six-month length of stay limit, and the requirement that no individual or household may be denied access because of inability to pay.

Capacity for this use is not specified in the Town’s zoning code.

Further, to comply with AB 101, the Town has added a new program to permit Low-Barrier Navigation Centers in the C Zone. Low-Barrier Navigation Centers as defined by Government Code 65660(a) is housing or shelter in which a resident who is homeless or at risk of homelessness may live temporarily while waiting to move into permanent housing.

There are 75 ELI households in Colma according to 2018 CHAS data. All Colma’s ELI households face overcrowding, overpayment, and/or lack complete kitchen or plumbing facilities. As part of the zoning code update for 2023, the Town will identify Single Room Occupancy (SRO) opportunities available for individuals that fall within the ELI category, specifically those who are senior citizens. The Housing Element includes a program to add a definition and standards to regulate SROs in town.

Currently, in the R-S zone, with a conditional use permit, existing multiple residence buildings, warehouses, and other facilities could be areas where SROs and similar types of housing can be utilized in Town. (Colma Municipal Code 5.03.080) As part of the zoning code update, the Town will identify areas in other parts of town where SROs can exist.

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Table H-39: Housing Needs for Extremely Low Income (ELI) Households in Colma Household Category
Renter
Households
Owner
Households
Total
Households
Total households any income 225 255 480
Total ELI households 60 15 75
ELI households with housing problems 35 15 50
ELI households with cost burden (paying 30%
or more of income) 29 15 44
ELI households with cost burden (paying 50%
or more of income) 25 15 40
Source: HUD Comprehensive Housing Affordability Strategy (2014-2018)

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HOUSING ELEMENT PUBLIC PARTICIPATION
For the 6th cycle of the Housing Element, State law requires jurisdictions to make a “diligent effort to achieve public participation of all economic segments of the community” when preparing a housing element (Government Code 65583(c)(7)). State law requires jurisdictions to take active steps to inform, involve, and solicit input from the public, particularly groups and organizations representing the interests of lower-income and minority households that might otherwise not participate in the process.

In previous Housing Elements, due to the small population of the Town, outreach consisted of Council Study Sessions. Because of the new requirements, the Town decided on a more comprehensive outreach plan that includes several methods both in-person and virtual, as well as utilizing traditional and social media. By offering different ways for residents and other stakeholders to provide input, the Town hopes to gain a better understanding of residents representing multiple demographics.

HOUSING ELEMENT FLYER
To promote the survey and outreach events, a flyer was created and sent to residents (360 households). This flyer included information for outreach events, the first City Council public hearing for the Housing Element, and a link with a QR code to the survey. Written on the flyer, in English, traditional Chinese, Spanish, and Tagalog were translation services available to those who require language assistance. ADA assistance was stated and offered in the flyer as well.

Paper copies of the flyer were also available at various outreach events.

HOUSING ELEMENT WEBSITE AND SOCIAL MEDIA
In April 2022 the Town launched its Housing Element Update website (www.colma.ca.gov/housing-element) to provide an overview of the project, purpose for the update, key benefits for the update, an explanation of the Regional Housing Needs Allocation (RHNA), ways to participate in the update process, a housing element video, and links to the housing survey. The Town utilizes Facebook, Twitter, and Simplicity for announcements. Posts were made on each app promoting the Housing Element Update and outreach events. The Town will continue to update ethe website with housing element revisions as well as any other related updates.

HOUSING SURVEY
On April 8, 2022, the Town released a Housing Survey to assess current housing conditions, the community’s priorities regarding future housing, and to gather information on housing constraints. This survey was available online using the Mentimeter app and paper copies were distributed at various outreach events in the month of April. The survey concluded on April 29, 2022. There were 44 responses. Participants included residents, those who work in Colma, and those who neither live nor work in the Town. The survey indicated that over 70% of

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participants were satisfied with their current housing situation in Colma and would rate the physical condition of their unit as “excellent”. Participants shared that the types of housing they felt were most needed in Colma are Senior Housing, Single Family (detached homes), and Apartments (multifamily rental homes), Veterans Housing, and Condominiums (multifamily ownership homes).

OUTREACH EVENTS
• On April 12, 2022, planning staff participated in a barbeque at Veterans Village hosted by The American Legion. Town Staff and the Resident Services Coordinator assisted with outreach by distributing flyers and surveys to each resident. Input from residents at Veterans Village is important because they represent a demographic that currently live in affordable housing and has, were formerly
homeless, or are over 60 years old.
• On April 16, 2022, the Town participated in an
Easter event called Eggstravaganza hosted by the
Colma Recreation Services Department at the Colma
Community Center. Planning staff hosted a table at
this event where a housing-related activity was
created for children. The activity asked the children
to dream of their future home in Colma, color it (see
example to the right), and to write a reason for why
they chose to live in that home. They were able to
choose from three types of homes: apartment,
duplex, or single-family. This event was well
attended with close to 50 children participating in
the activity.

This is an example of a survey questions that was asked This is an example of a housing activity completed
by a child at Eggstravaganza

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• On April 20, 2022, the Town participated in a senior luncheon hosted by the Colma Recreation Services Department at the Colma Community Center.

Planning staff hosted a table at this event where the Housing Element Update flyer and survey were distributed to the residents. This event also allowed staff to promote future Housing Element outreach events. Input from older residents is important to the Town because the residents represent a demographic that is over 60 and some have special needs.
• On April 20, 2022, the Town hosted an event at Black Bear Diner called Coffee with a Planner. This was a workshop for community members to meet with planning staff and have an opportunity to engage, ask questions, and fill out the survey. • On April 22, 2022, the Town participated in the 2022 Arbor Day/Earth Day event hosted by the Colma Recreation Services Department at Sterling Park. Planning staff hosted a table at this event where the flyer and survey were distributed to residents. Staff engaged with several residents explaining the purpose of the Housing Element, and ways to get involved with the process.
• On April 25, 2022, planning staff presented at the City Council meeting. The purpose of this study session was to introduce an overview of the Housing Element Update and obtain input from City Council and the public. Staff provided progress to date, public outreach efforts, and the preliminary map of potential new housing locations (site inventory). Email notices for this study session and the June 8, 2022, presentation of the Draft Housing Element, were sent to various housing advocacy groups and non-profits.

They included: One Degree, Housing Choices, HIP Housing, Housing Leadership Council of San Mateo, Let’s Talk Housing San Mateo County, Mercy Housing, MidPen Housing, and Samaritan House San Mateo.
• Staff presented the Town’s Goals, Policies, Programs, and Objectives to San Mateo County Equity Advisory Group on May 6, 2022. This group is a collection of housing advocates in San Mateo County. During this presentation, staff was able to gain feedback on which programs were considered strong and areas that needed further improvement.
• Planning staff presented the Draft Housing Element to the City Council at their meeting on June 8, 2022. The purpose of this meeting was to introduce the Draft Housing Element to City Council and the public. Planning staff provided progress to date, a revised site inventory map (reflecting the removal of the Italian Cemetery, a 3.07-acre parcel), a highlight of key housing programs, and comments from the May 6, 2022 presentation to the San Mateo County Equity Advisory Group. • On September 23, 2022, Town Staff hosted Housing Leadership Council staff for a tour of the housing opportunity sites in Town and discussed the opportunity sites analysis.

PUBLIC NOTICE DISTRIBUTION LIST
Please refer to Appendix C, Public Notice List

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SUMMARY OF PUBLIC COMMENTS
On April 27, 2022, planning staff presented the Housing Element Update study session at the City Council meeting. There were no public comments made to staff at the meeting.

During the 30-day comment period, staff were notified by the Italian Cemetery of its desire not to be part of the housing inventory for their vacant site, located at El Camino Real and F Street.

During the initial opportunity sites process, staff determined it was suitable for multi-unit housing due to its location on El Camino Real and across the street from Colma BART station.

As a result, staff revised the housing inventory and the draft to eliminate the 3.07-acre property owned by the Italian Cemetery.

The Housing Element Survey concluded on April 29th with 44 recorded responses. Planning staff collected this data and considered how this feedback could be integrated into future housing plans.

One major theme that resonated throughout the surveys was access to homeownership.

Multiple members of the community expressed interest in homeownership specifically for those with moderate incomes and below to purchase homes in Colma. As a result, programs that relate to inclusionary housing, density bonuses, increasing density, and ADUs have been modified to provide more opportunities for homeownership and affordable housing. There is an additional new program, a Housing Element Overlay District to further remove any governmental constraints and encourage high-density housing development.

On May 6, 2022, staff participated in a virtual presentation to the members of the San Mateo County Equity Advisory Group. During this presentation, the Goals, Policies, Programs and Objectives for of the Draft Housing Element was discussed, and feedback provided by this group. Comments were provided verbally after staff’s presentation. A couple of highlighted comments included: displacement strategies for low-income residents, equity for code enforcement and nuisance abatement, more efforts towards local funding sources for affordable housing, densities of 50 dwelling units per acre (du/ac) near the BART station, and inclusivity to all groups during the 6th housing cycle. As a result, existing programs were edited and several programs were added.

On May 27, 2022, the Housing Leadership Council of San Mateo County (HLC) submitted an undated letter through email commenting on Colma’s Draft Housing Element. Following the receipt of this letter, staff has been in contact with HLC to discuss their concerns. On September 23, 2022, Staff hosted HLC Staff for a tour of opportunity sites, and engaged in a discussion of the opportunity sites. In preparation for the final draft of the Housing Element, Staff has incorporated HLC Staff’s thoughts and concerns within the policies and programs.

Specifically for the opportunity sites, where a new overlay district that removes parking minimums within a half mile of high-quality transit, allows for residential use on commercially zoned property without rezoning for projects that pay prevailing wages, and CEQA-exempt ministerial approval pathway on commercially zoned land for qualifying residential development

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that meets affordable housing targets. Staff will continue to foster relationships and open communication with the public and responsible organizations.

FAIR HOUSING

AFFIRMATIVELY FURTHERING FAIR HOUSING
Assembly Bill (AB) 686 requires that all housing elements contain an affirmatively furthering fair housing (AFFH) assessment. Under State Law, “affirmatively furthering fair housing” means “taking meaningful actions, in addition to combating discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics.”
There are three parts to this requirement:

1. Include a Program that Affirmatively Furthers Fair Housing and Promotes Housing Opportunities throughout the Community for Protected Classes (applies to Housing Elements beginning January 1, 2019).

2. Conduct an Assessment of Fair Housing that includes a summary of fair housing issues, an analysis of available federal, state, and local data and knowledge to identify sites, and an assessment of contributing factors for fair housing issues.

3. Prepare the Housing Element Land Inventory and Identification of Sites through the lens of Affirmatively Furthering Fair Housing.

In compliance with AB 686, the Town has completed the following outreach and analysis.

Analysis of the fair housing issues in this section draws from the Town of Colma Fair Housing Assessment, an analysis that follows the April 2021 State of California State Guidance for AFFH, prepared by 21 Elements (Appendix B). The assessment identifies the primary factors contributing to fair housing challenges and the plan for taking meaningful actions to improve access to housing and economic opportunity. The following fair housing issues were analyzed:

Fair housing enforcement and outreach, integration and segregation, access to opportunity, concentrated areas of poverty, disparate housing needs, disproportionate housing needs, and displacement risk within the jurisdiction. To address the identified factors, the assessment includes a Fair Housing Action Plan (FHAP) with goals, actions, and timelines.

FAIR HOUSING ASSESSMENT
The Fair Housing Assessment (Appendix B) follows the April 2021 State of California State Guidance for AFFH. The study was conducted as part of the 21 Elements process, which facilitates the completion of Housing Elements for all San Mateo County jurisdictions.

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Primary Findings
This section summarizes the primary findings from the Fair Housing Assessment for the Town of Colma, including the following sections: fair housing enforcement and outreach capacity, integration and segregation, access to opportunity, disparate housing needs, and contributing factors, and the city’s fair housing action plan.
• No fair housing complaints were filed in the Town of Colma from 2017 to 2021. The Town of Colma could improve the accessibility of fair housing information on their website and provide resources for residents experiencing housing discrimination. • Racial and ethnic minority populations are disproportionately impacted by poverty, low household incomes, overcrowding, and homelessness, compared to the non-Hispanic White population in the Town of Colma. Additionally, racial and ethnic minorities are more likely to be denied a home mortgage loan.
o Aside from Asian/API residents, racial and ethnic minority populations generally have higher poverty rates. Black or African American incomes are the lowest of any racial or ethnic minority population in the Town of Colma. o Racial and ethnic minorities are more likely than non-Hispanic White households to experience overcrowding. Low and moderate-income households are also more likely to be overcrowded.
o People who identify as American Indian or Alaskan Native, Black, White, or Hispanic are overrepresented in the homeless population compared to their share of the general population.
o Hispanic and Asian/API households have the highest denial rates for mortgage loan applications in 2018 and 2019.
• Colma is entirely contained within a single census tract— the standard geographic measure for “neighborhoods” in U.S. Census data products. As such, the town does not contain any racial/ethnic concentrations, poverty concentrations, or concentrations of housing problems.
• The composite opportunity score for Colma shows the town to be a “moderate resource area,” and the Social Vulnerability Index (SVI) provided by the Centers for Disease Control and Prevention (CDC) ranks the town as “moderately vulnerable” to a disaster (based on four themes: socioeconomic status, household composition, race or ethnicity, and housing and transportation).
• Compared to the County of San Mateo, the Town of Colma has a higher concentration of residents with a disability with 10% of the population compared to 8% in the county.

Residents living with a disability in the Town are all employed, and only 1% of residents without a disability are unemployed. Additionally, the aging population is putting a strain on paratransit access countywide.
• Black, Hispanic and Pacific Islander students in the Town of Colma— served by the Jefferson Union High School District and the Jefferson Elementary School District— experience poor educational outcomes compared to other students. Many high schoolers in the county met admission standards for a University of California (UC) or California

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State University (CSU) school. Black and Hispanic students in Jefferson Union High School District were less likely to meet the admission standards with rates at CSU and UC schools of 23% and 32%, respectively.
• Jefferson Elementary School District had a 17% gap between their overall chronic absenteeism rate (12%) and their chronic absenteeism rate among Black students (28%). While Jefferson Union has the lowest dropout rates in the county — just 3% of students — the highest dropout rates were still found among Black (7%) and Hispanic students (6%).
• Nearly half of all renter households in the Town of Colma are cost-burdened— spending more than 30% of their gross income on housing costs— and more than one in four are extremely cost-burdened— spending more than 50% of their gross income on housing costs. There are disparities in the housing cost burden in the Town of Colma for Hispanic households.

Fair Housing Issues and Contributing Factors
This section summarizes the fair housing issues identified for the Town of Colma and the contributing factors.

Fair housing issue: No residents have filed fair housing complaints, indicating a potential lack of awareness about fair housing rights.

Contributing factors:
• Lack of access to information about fair housing rights. • Limited knowledge of fair housing by residents.

Fair housing issue: Residents of color experience disproportionate housing needs. Black residents experience lower income and higher poverty rates, Hispanic and Asian households experience high rates of mortgage loan denials when trying to purchase homes in Colma (43% and 33%, respectively), and Hispanic households also experience higher rates of cost burden.

The Town is addressing this issue through AFFH Action Area 1, where the focus is to increase outreach and improve the existing resources.

Contributing factors:
• Higher poverty rates among Colma’s Black residents stem from decades of discrimination in employment, education, and housing markets. These residents have faced greater challenges in building wealth through economic mobility and homeownership.
• It is well documented that persons of color— particularly African American residents— were denied loans to purchase homes, were not allowed to buy in many neighborhoods because of restrictive covenants and were harassed if they managed to purchase a

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home in a predominantly White neighborhood. These historical actions have led to a significant homeownership gap among racial and ethnic minorities.

The Town is addressing this issue through AFFH Action Area 2, where the focus is to protect existing residents from displacement, provide housing strategies to Black, Indigenous, and People of Color (BIPOC) as well as those who have special needs.

Fair housing issue: Affordable housing is limited and the ability to add affordable housing is constrained by land use.

Colma is disproportionately occupied by residents of color and offers relatively more affordable housing opportunities than surrounding cities. However, because most land is zoned for cemeteries, there is limited land available for residential development. Additionally, no areas within the town are zoned for multifamily housing.

The Town is addressing this issue through AFFH Action Area 3, to provide more strategies and housing choices through creating less restrictions on land use.

Fair Housing Enforcement and Outreach
The Town currently enforces fair housing laws through the policies and code for compliance with State Law. If fair housing issues are reported by residents or potential residents, the Planning Department and Code Enforcement cooperatively work together to remediate the complaint. Fair housing issues are usually referred to the appropriate agencies, usually the County of San Mateo Housing Authority would be the first point of contact along with Project Sentinel a non-profit assists that individuals that have faced housing discrimination.

Currently, the fair housing information can be found on the Town’s website under the Planning Department’s page and Housing Resources. The information is displayed in English, however, there is a button that translates the website into many languages. While this button provides language assistance, the Town plans to increase its visibility and accessibility with translated information readily available on the page without any further action. Under AFFH Action Plan 1, the Town will increase and implement its outreach in 2023.

The Town is in compliance with the following:
 State Density Bonuses and Other Incentives Law (Gov. Code. Title 7. Division 1. Chapter

4.3 Density Bonuses and Other Incentives, amended and effective January 1, 2021) The Town does an annual review of the State’s Density Bonus law and updates its Ordinance as needed;
 Housing Accountability Act (Gov Code Section 65589.5) requiring the adoption of a Housing Element, compliance with RHNA allocations, and that requires certain findings when approving or denying certain development projects. The Town’s most recent

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Housing Element covering 2015-2022 has been adopted and the Town has met its RHNA allocations;
 No Net Loss Law (Gov Code Section 65863) requiring that adequate sites be maintained to accommodate unmet RHNA allocations, including among income levels. The Town has met its RHNA allocation for the current cycle and has identified opportunity sites to help meet its 6th housing cycle;
 Gov Code Section 65913.1 requiring that the Town designates and zones sufficient vacant land for residential use and nonresidential use in relation to the growth projections of the general plan to meet the housing needs for all income categories as identified in the housing element;
 Excessive Subdivision Standards Law (Gov Code Section 65913.2) The Town does not impose standards and/or criteria that renders the development of housing infeasible for any and all economic segments of the community;
 Limits on Growth Controls Law (Gov Code Section 65589.5) The Town does not have any growth control measures and has not rejected any proposals for housing projects that met objective planning and zoning criteria in the current cycle.

SITES INVENTORY ANALYSIS
AB 686 requires an analysis of the identified sites to meet RHNA obligations for their ability to affirmatively further fair housing. Planning staff have identified seven parcels to meet RHNA obligations. A detailed site analysis can be found under the section titled “Ability to Meet Housing Needs”. The seven parcels identified are not within or close to R/ECAPs, edge R/ECAPs and/or low income poverty concentrations. Since the Town of Colma is contained within one census tract, the proportion of low and very low-income units, concentrations of Housing Choice Vouchers, as well as the distribution of lower, moderate, and above moderate-income units in low, moderate, and high resourced areas are equally distributed. In addition, the identified parcels are similar in terms of proximity to high proficiency K-12 education institutions, high- resourced areas/positive economic outcome areas, low social vulnerability, proximity to high- quality jobs, access to transportation, and healthy places to live. There is one 0.2% Annual Chance Flood Hazard area located along El Camino Real by the northern boundary that could potentially affect 7778 El Camino Real.

Colma has not had to deal with any recent displacement due to environmental factors, however, it is important to note that the San Andreas Fault is just west of the Town and along El Camino Real has high liquefaction susceptibility.

A thorough analysis for the sites inventory can be found in Appendix B in the Site Inventory Analysis.

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GOALS AND ACTIONS
Goals and Actions for this cycle of the Housing Element will be included in the section called Housing Goals, Policies, and Programs. In that section, objectives to meet housing goals will be defined, programs to reach those goals will be explained, and an analysis of programs from the previous housing cycle (Table H-59) will be included. Additionally, an AFFH Action Plan will be implemented to reduce AFFH deficiencies (Table H-39).

Fair Action Plans
The AFFH Action Plan is broken down into three areas:

1. Outreach

2. Protecting and providing strategies for existing residents from displacement including those from are Black, Indigenous, and People of Color (BIPOC) including Residents with Special Needs

3. Enhancing housing mobility strategies and encouraging new housing choices Each action plan is evaluated with existing and new programs developed in the 2023 Housing Element identifying the fair housing issues, contributing factors, objectives, actions, and timelines.

The AFFH Action Plan Table (Table H-40) is on the next page.

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Table H-40: AFFH Action Plan
Fair Housing
Issues
Contributing
Factors Objectives

Meaningful Actions Timeline
Action Area 1. Improve Fair Housing Outreach
Fair Housing
Outreach

1. Lack of access to
information about
fair housing
rights; Limited
knowledge of fair
housing by
residents

2. Greater outreach
efforts are
needed in various
formats.

3. More resources
should be made
available to the
public.

Maintain zero to
low complaints
and inquiries.

Action 1.1: (Program 5.1, 5.4, 5.5 , 8.1, 8.2 )
• Continue and update the Towns’ fair housing webpage
to include fair housing resources for residents who feel they have experienced discrimination, information about filing fair housing complaints with HCD or HUD, and
information about protected classes under the Fair
Housing Act.
• Provide materials in various languages including
Chinese, Spanish, Tagalog, and other (appropriate
languages).
• Provide education to landlords and property managers
on requirements to address reasonable accommodation
requests
• Utilize the Town’s various existing media outlets to
advertise Fair Housing Information
• Conduct Fair Housing workshops and study sessions
with the Town Council
Begin
implementation in
2023, with Annual
reports beginning in
2024.

Action Area 2. Protecting Existing Residents from Displacement, Providing Strategies that Protect Residents that are Black, Indigenous, and People of Color (BIPOC) Including Residents with Special Needs (Seniors, Persons with Disabilities, and Homeless Persons)
Protected Groups
have
disproportionate
housing needs
including
disparities in

1. Historic
discrimination
and continued
mortgage
denials; High
housing costs and
low wages

Improve
accessibility to
home mortgage
loans for
protected
groups who
Action 2.1: (Programs 2.2, 4.1, 4.2, 4.3, 4.4, 4.5, 4.6, 5.1,

5.2, 5.3, 5.4)
• Provide down payment assistance to minority
households and homebuyer education households by
pursuing monies dedicated to providing financial
assistance to BIPOC communities
Starting in 2024,
partnering with
HEART on an annual
basis, providing first-
time and low-income
buyer education
programs, and

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Fair Housing
Issues
Contributing
Factors Objectives

Meaningful Actions Timeline
access to
opportunities

Disproportionate
access to housing
for individuals
living with special
needs

2. Need for
community
revitalization
programs and
strategies

3. Lack of public
investments in
underprivileged
neighborhoods.

4. General lack of
affordable
housing,
particularly in
areas with
appropriate
services and
amenities.

have high loan
denial rates

• Provide homebuyer education materials in Chinese,
Spanish, Tagalog, and other (appropriate languages)
• Annual workshops with HEART, HIP Housing, San Mateo
Housing Authority, and other organizations that can
assist with education and fair housing-related issues
• Work with the San Mateo County Department of
Housing to obtain information on anti-displacement
programs that addresses tenant’s rights and relocation
assistance. Utilize this information in annual workshops and study sessions to continue to inform Town residents of existing and new programs.
prioritizing
marketing of the
programs to BIPOC
and special needs
community members
Action Area 3. Enhancing Housing Mobility Strategies and Encouraging New Housing Choices Affordable housing
is limited and the
ability to add
affordable housing
is constrained by
lack of available
land

1. 75 percent of
Colma’s land use
is zoned for
cemetery use

2. Multifamily zoning
does not
currently exist

3. Only one
available
affordable
housing complex
• Create land
use
opportunities
for multi-
family housing
in town
• Encourage the
construction of
ADUs and
JADUs
• Encourage the
construction of
Action 3.1: (Program s 2.1, 2.2, 3.1, 3.2, 3.3, 3.4, 3.5, 3.6,

3.7, 3.8, 3.9 )
• Create Housing Element overlay zone that allows for
land use flexibility in commercial zone
• Develop a proactive outreach program where ADU and
JADUs’ information is readily available on the Town’s
website with an annual workshop for ADU development
• The Town will proactively approach housing developers to encourage the development of opportunity sites and
encourage affordable housing on these sites
• Make appropriate amendments to the Town’s zoning
code to include multi-family residential zoning districts Housing Element
overlay zone will go
into effect once
adopted and
certified by HCD
(estimated 2023)

Begin ADU/JADU
outreach program,
workshops in 2023
and continued
annually

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Fair Housing
Issues
Contributing
Factors Objectives

Meaningful Actions Timeline
exists in the
Town

4. Design and
Development
standards are not
appropriate for
multi-family
housing projects
affordable
housing
throughout
the Town

• Develop objective design and development standards
that allow high-density and affordable housing projects to be constructed by right
• Take necessary actions to ensure opportunity sites are vetted for environmental and zoning appropriateness so
that high-density and affordable housing projects are
reviewed via a streamlined process.
• Amend the Town’s parking standards to include parking alternatives that are less restrictive for high-density and affordable housing projects to be constructed; ensure
parking standards meet State Law.

Beginning 2023,
staff will proactively
identify both for-
profit and nonprofit
developers, take
meetings, and
present opportunity
sites for future
housing
development

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ABILITY TO MEET HOUSING NEEDS

RESIDENTIAL LAND INVENTORY
A key component of the Housing Element is a projection of the jurisdiction’s housing supply.

State law requires that the element identify adequate sites for housing, including rental and manufactured housing, and make adequate provisions for the existing and projected needs of all economic segments of the community. This includes an inventory of land suitable for residential development, including vacant sites and sites having potential for redevelopment, and an analysis of the relationship of zoning and public services to these sites.

Table H-41: Colma RHNA Targets Summary
Income
Category
Extremely
Low Very Low Low Moderate
Above
Moderate Total
Units 22 22 25 37 96 202
Note: Extremely-low incomes is assumed half of the assigned RHNA targets of 44 Existing Residential Development
Existing housing units are identified on Exhibit H -1, Housing and Exhibit H -2, Sterling Park Neighborhood . These maps include all dwelling units constructed prior to 2020. Based on American Community Survey (2020) and Census records, there are a total of 558 dwelling units in the Town of Colma, 292 of which are in the Sterling Park neighborhood and the remaining units are located outside of Sterling Park.

Since 2015, 75 residential units have been constructed, including 9 in Sterling Park and a 66- unit Veterans housing project on Mission Road.

Approved Residential Development
As of April 29, 2022, there are no residential projects under construction in the Town, nor are there any approved residential projects not yet under construction.

Development Potential
In total, there are 7 parcels available for the development of approximately 255 new residential units. Of these units, there is potential for at least 53 units to be available to extremely low income and very low-income households, 30 units for low-income households, 40 units for moderate income households and 142 units for above moderate-income households. The potential for 255 new units exceeds the development need identified in Colma’s RHNA for 202 units to be constructed between 2023 and 2031.

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Sites Inventory
Planning staff inventoried vacant and underutilized parcels in Colma to determine what land is available for development. Types of sites include:
• 5th Cycle Housing Element Carryover Sites.
• Vacant and underutilized, residential, and non-residential sites that for allow residential development.

The vacant and underutilized sites were analyzed based on several different categories to determine the best location for affordable housing: proximity to high quality transit and El Camino Real, parcel size, the need for lot consolidation, General Plan designation, underperforming or vacant uses, proximity to public services and amenities, developer interest of the site, and if environmental remediation is required. Sites were scored between 0-1, 1 being the most likely to be redeveloped as affordable housing. All sites that scored above 0.5 were assumed to be suitable for affordable housing development and are included in the site inventory.

During the 5
th housing cycle, a total of 75 units were developed, 9 of which at about 13 dwelling units per acre, and 66 of which at about 30 dwelling units per acre. The average density was approximately 28 units per acre, the state guidance is to extrapolate the trend by multiplying it by 75% times the average which results in 21 units per acre. Given the most recent development trends in the Town, the realistic capacity for sites suitable for housing development are assumed to be developed at a conservative estimate of 20 dwelling units per acre, which meets HCD’s default density requirement for lower income housing.

The site’s analysis demonstrates that there is enough land to meet the ABAG Regional Housing Needs Allocation. The analysis for the affordability levels of developed units is based on the assumptions that 30% of the units on sites that scored above 0.6 would be for moderate income, and sites that scored above 0.8 would be 50% affordable (half extremely low or very- low income and half low-income). Units were then reallocated between developments to meet the number of units at specific affordability levels as required by the RHNA. On September 12, 2022, an electronic version of the Sites Inventory was sent to HCD as required by Government Code Sections 65583 and 65585.

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Table H-42: Sites Inventory Development Potential
Site Acres Extremely
Low
Very
Low
Low Moderate Above
Moderate
Total
7733 El Camino
Real 0.53 4 4 8 16
1200 El Camino
Real 8.06 22 23 23 44 90 202
7778 El Camino
Real 0.6 7 8 15
Between 461
and 469 B
Street

0.11 1 1
El Camino and
Collins 0.41 8 8
240 Collins
Avenue 0.72 14 14
Total 26 27 30 44 129 256
RHNA

44 (includes
Ex. Low)
25 37 96 202
Assumptions:

Assume each site gets developed at 20 units/acre, Suitability score of 0.875=> 50% of units affordable: half Low, half Very Low, Suitability score of 0.625=> 30% of units Moderate, Reallocate affordable units to consolidate affordability levels at sites, Reallocate affordable units to higher affordability levels based on RHNA The ability to provide affordable units in Colma is more dependent on available financial resources than density permitted by zoning. If qualified developments can obtain federal tax credits and other funding or incentives, there is a higher probability that more affordable units will be provided than in a development where no government or other subsidies are available or obtained.

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Table H-43: Site Inventory – Site Characteristics
Site Existing
Use/Vacancy
Identified in a
Previous Planning
Cycle?
General
Plan
Designation
Zoning
Designation
7733 El Camino Real Vacant
Used in Two Consecutive
Prior Housing Elements -
Vacant
Commercial C
1200 El Camino Real
Kohl’s retail
store and
parking lot
Not Used in Prior
Housing Element Commercial C
7778 El Camino Real
Monument
manufacturing
facility and
office
Used in Two Consecutive
Prior Housing Elements -
Vacant
Commercial C
Between 461 and
469 B Street Vacant
Used in Two Consecutive
Prior Housing Elements -
Vacant
Low Density
Residential R-S
El Camino and
Collins
Parking spaces
and vacant
lawn area
Not Used in Prior
Housing Element Commercial PD
240 Collins Avenue Parking lot Not Used in Prior
Housing Element Commercial PD

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Figure H-5: Housing Sites

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Figure H-6: Housing Units – Sterling Park

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Several sites have development potential, including three parcels located in the Sterling Park neighborhood, two of which are located along El Camino Real near the Colma BART Station, and four additional sites located along El Camino Real at the Serramonte and Collins Avenue intersections. A detailed site inventory describing the development potential of each, as well as site-specific constraints is provided in the following section.

A. STERLING PARK DEVELOPMENT POTENTIAL
There is one vacant privately-owned parcel within the Sterling Park residential neighborhood, located between 461 and 469 B Street. This parcel is a carryover site from the 5th Cycle Housing Element Update. A site analysis has determined that 1 single family detached (SFD) unit can be developed on this 0.11-acre vacant parcel . With SB 9, there is potential for the lot to be subdivided and developed at a higher density. However, given the character of the existing neighborhood and the small size of the lot, it is assumed that the property would only develop with one unit.

There are no governmental or site-specific constraints impeding the development of the parcel.

Sewer, water, and dry utility infrastructure capacity exists to accommodate the potential housing unit. This amount of residential development in Sterling Park is already anticipated in the Colma General Plan.

Under a SB 9 lot split, the Town believes that this parcel is likely to be developed in the next housing cycle. A ministerial review process removing public hearings or discretionary review would streamline the development process. The Planning Department will reach out to the existing property owner to gauge interest and provide materials regarding a possible SB 9 lot split.

Table H-44: Sterling Park Single Family Neighborhood Development Potential Location Designation
& Zone Acres Dev.

Pot.* Affordability Density
Allowed Constraints
B Street
008-125-180 Residential (R) 0.11 1 1 Above Moderate 13 du/ac None, infra-
structure capacity
exists
Total 0.11 1
unit

* Development potential assumes that the lot would be developed as a single-family home.

Two additional separate parcels are west of the Sterling Park Neighborhood, near the Colma BART Station which is located just outside the Town’s municipal boundaries -One is located on the east side of El Camino Real and is vacant (Sandblaster property – 0.53 acre), and the other is on its west side (Bocci Property – 0.6 acre), a monument manufacturing operation. The two parcels are carryover sites from the 5th Cycle Housing Element Update, and are assumed to be

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developed independent of each other in the next cycle. Together, these parcels total 1.13 acres.

The presence of the Colma BART Station is expected to stimulate development of multiple unit residential buildings and mixed-use developments in this area. Sewer, water, and dry utility infrastructure capacity exists and can accommodate all potential housing units. Development of existing and projected parcels is already anticipated in the Colma General Plan.

The County adopted the Colma BART Station Area Plan which provides incentives for higher density development and density bonuses for affordable housing on unincorporated land near the BART Station. Future higher density development on land near Colma’s boundaries may further spur similar development in Colma. Additionally, Colma’s Zoning Code provides density bonus incentives for affordable units.

Sandblaster Property – 7733 El Camino Real

A 0.53-acre parcel on the east side of El Camino Real is bounded by “C” Street to the north and the “D” Street stairs to the south. This parcel is referred to as the ‘Sandblaster Property’ due to its past light industrial use. The parcel is currently underutilized with two billboards on the property. The site is designated as commercial which permits residential planned developments with the approval of a use permit.

This 0.53-acre property, the former site of a sandblasting business at 7773 El Camino, is one of two developable parcels along El Camino Rea. The site has a realistic development potential of 13 high density residential units. Site-specific constraints on the property include steep topography along the edge of the developable pad.

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Site-specific constraints include steep topography along the eastern and northeastern boundaries of the site. This constraint can be mitigated by designing the 16-unit development to step up with the steep topography. In addition, there may be specific environmental and physical constraints on the site. Although an in-depth environmental site evaluation has not been completed, it is anticipated that there may be some surface and sub-surface ground contamination on the site as a result of the long-term sandblasting business. The future proposal for the site would need to include a report pertaining to the soil’s possible contamination and measures for its clean up, if it is determined to be contaminated. This possible constraint could effectively add to the cost and slow down the process for future development. Historically, a development proposal for the site was received in 2007 by the Town Planning Department. The proposal included a total of 15 units with 2 single-family detached units on C Street and 13 residential units located above ground floor retail uses with sub-grade parking serving the development on El Camino Real. The proposal was deemed appropriate and feasible. The application was not pursued by the applicant since the proposed design included a massive retaining wall to the east of the property and was ultimately estimated to be too costly to build. One way to move forward with this site is to incorporate a step-design proposal that would utilize the topography for a better design rather than cutting into the hill, which requires a retaining wall of more than 20 ft. in height that ultimately made the 2007 project cost prohibitive. The existing zoning of the site is Commercial which allows for a Planned Development proposal, and as part, the Planned Development allows for additional flexibility in the setbacks and other design standards for the 16-unit project, pursuant to Sections 5.03.090(C)(3), and 5.03.130 of the Colma Municipal Code. Planned Development designation allows for a project’s design to respond to site specific conditions and encourages mixed use and residential development. However, a rezone to PD would not be required. The realistic capacity for this site was determined to be 4 extremely-low, 4 very-low and 8 above- moderate income units with the consideration of its topographical constraints.

The Town’s Inclusionary Housing Ordinance (Subchapter 12 of the Colma Municipal Code) includes concessions and incentives for eligible development projects, subject to approval by the City Council, to facilitate development of affordable units on smaller sites such as the property at 7733 El Camino Real. Planning staff have been in contact with a San Jose-based development company regarding this site prior to and after the first draft submittal to HCD, on possible development of the property.

Additionally, with the new Housing Element Overlay, this site will remove further governmental constraints which include removing parking requirements, allowing for residential use on commercial zoned land when prevailing wages are met, and CEQA-exempt ministerial approval if the development meets affordable housing targets.

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Bocci Property – 7778 El Camino Real
A 0.6-acre parcel on the west side of El Camino Real is occupied by a monument manufacturing light industrial operation. The parcel is referred to as the ‘Bocci Property’ due to the family name of the historic monument manufacturing company located there. The oldest building of the site is located at the southern end of this triangular-shaped parcel and is used as the company’s office. The building has a Bocci Memorials sign with the indication of “since 1896” (to the left of the above picture - the beige-colored building). The building is not designated as an Historical Site, but some members of City Council have expressed a desire to see that building is preserved. The development assumption of this site is considered without the area of the subject building.

The parcel is bounded by the entrance to the Colma BART station to the north, the BART right- of-way to the west and south, and El Camino Real to the east. This parcel could be redeveloped with high-density residential or a mixed-use development that includes high density residential.

The property is currently designated for commercial use, which allows for multi-family residential. The parcel is listed as an opportunity site in the General Plan and is eligible for The 0.6-acre Bocci site at 7778 El Camino Real has a realistic development potential of 24 high density multi-family units.

Site specific constraints on the property include a utility easement serving the adjacent Colma BART Station.

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height and lot coverage bonuses to encourage a transit-oriented development with a diverse mix of land uses. These characteristics contributed to the conclusion that with the current occupancy, the site is being underutilized.

Site-specific constraints on the parcel include its triangular shape, the close proximity of the BART tracks to the property, and an existing utility easement serving the adjacent Colma BART Station that reduces the buildable area of the property. In addition, although the parcel is not within a flood zone district diverted rain runoffs from El Camino Real to the north and Albert M.

Taglia Boulevard to the west (from the BART Station) – during the rainy season - have had accumulated water run offs at the site.

A development proposal was previously submitted to the Town Planning Department, which took into account the site’s constraints. The proposal included 24 high density multi-family dwelling units over ground-floor retail and was deemed to be a realistic development proposal.

The development proposal has since been withdrawn and a small monument business has leased the property. While the terms of the lease are not known, it is likely that redevelopment of the site with mixed-use (including high-density residential) will not occur while the monument business exists on-site. Given the site’s unusual shape and existing access, it is not recommended that residential development occur on the site while the present structures exist.

Similarly, to 7733 El Camino Real, the zoning of the parcel is Commercial, and a Planned Development is allowed under the Commercial zoning district. The Planned Development would allow for additional flexibility for the setbacks and other design standards applicable to the project. Planned Development designation allows for a project’s design to respond to site specific conditions and is anticipated to encourage mixed use and residential development. The realistic capacity for this site was determined to be 7 moderate and 8 above moderate units.

However, a Planned Development proposal may allow for the development of additional units.

Additionally, with the new housing element overlay, this site will remove further governmental constraints which include removing parking requirements, allowing for residential use on commerical zoned land when prevailing wages are met, and CEQA-exempt ministerial approval if the development meets affordable housing targets.

The Town’s Inclusionary Housing Ordinance includes concessions and incentives for eligible development projects, subject to approval by the City Council, to facilitate development of affordable units on smaller sites such as the property at 7778 El Camino Real. Planning staff have been in contact with a Peninsula-based development company regarding this site prior to and after the first draft submittal to HCD, on the possible development of the property.

In neighboring South San Francisco, on the corner of McClellan and Mission Road, just past town limits, a 20-unit mixed-use condominium project is underway on an approximately 0.4- acre site. On the street level, there is approximately 6000 square foot dedicated commercial space and sub-terranean parking. With the new housing element overlay, removing parking requirements, and utilizing density bonuses this site as well as 7733 El Camino Real could be similarly developed.

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Table H-45: El Camino Real Multi-Family Development Potential Location Designation
& Zone Acres
Dev.

Pot.
*
Affordability Density
Allowed Constraints
El Camino Real
008-127-020
(Sandblaster)
Mixed Use -
Residential/
Commercial -
(R/C)

0.53 16
4 extremely low
4 very low
8 Above
Moderate
30 du/ac
Topography, possible
ground surface
contamination
El Camino Real
008-141-080
(Bocci)
Mixed-Use -
Commercial -
(C)

0.6 15 7 low.
8 Above Mod. 30 du/ac
Utility Easement,
Triangular Shape,
Flood Zone
Total 1.13
acres
31 units
4 extremely low
4 very low.
7 low.
16 Above Mod.

* Development potential assumes that the properties would be developed at 20 units per acre.

B. EL CAMINO REAL DEVELOPMENT POTENTIAL
Kohl’s Site – 1200 El Camino Real

The Kohl’s site is an 8.06-acre parcel on the southwest corner of El Camino Real and Serramonte Boulevard, currently occupied by Kohl’s. The property is in the geographic center of town, across the street from the Town Hall and the Colma Police Department. The parcel is identified in the General Plan as a site suitable for a walkable Town Center development and could be redeveloped as a mixed-use development with commercial and restaurant spaces at the ground level, residential uses above, entertainment uses, and public gathering spaces.

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The General Plan includes a conceptual commercial, residential mixed-use development at the site. The concept is consistent with allowances for the site (with the exception of a height bonus) and shows a mixed-use Town Center consisting of 160,000 sq. ft. of commercial (retail) space and up to 240 residential units (22 dwelling units/acre). The maximum height shown is 72 feet (5 stories), and the total FAR is .1.8. This concept would provide a high quality design/construction/materials, incorporate outdoor public gathering spaces, and include a diverse mix of land uses to be eligible for a height bonus. Similar projects have been successful in the nearby communities of Daly City and South San Francisco (the realistic capacity of this site was determined to be 22 extremely-low, 23 very-low income units, 23 low-income units, 44 moderate-income units, and 90 above moderate-income units.

The existing building was built in 1980 and has not had any improvements in the last two decades. There has been an interest in acquiring the property by Republic Urban Properties (RUP) of San Jose, California, which is looking into a more comprehensive implementation of the adopted Colma General Plan 2040 (March 2022) for a mixed-use project. Talks between RUP and the property owner are ongoing as the current business (Kohl’s) has been underperforming, per Colma HDL (business-related vendor) sales tax report for the 110,295 sq. ft. department store. There have been quite a few Kohl’s closures throughout the country due to the same finding, therefore the possibility of the entire site being redeveloped is greater than previously measured.

The existing zoning of the site is Commercial which allows for a Planned Development (PD) proposal. The Planned Development allows for additional flexibility in development standards including height, and other design standards for the 202-unit project, pursuant to Sections

5.03.090(C)(3), and 5.03.130 of the Colma Municipal Code, and a rezone (to PD) would not be required.

Additionally, with the new housing element overlay, this site will remove further governmental constraints which include removing parking requirements, allowing for residential use on commercial zoned land when prevailing wages are met, and CEQA-exempt ministerial approval if the development meets affordable housing targets.

ADDITIONAL SITES
Two separate parcels are located along the El Camino Real Corridor near the Town Hall and potential Town Center site. A vacant, 0.41-acre parcel is located on the northwest corner of El Camino Real and Collins Avenue. El Camino Real and Collins Avenue is surrounded by an assisted living facility to the west, flower shop to the north, and an office-use to the south. The site analysis for this site is a total of 8.2 units and is suitable for 8 above-moderate income units. The second parcel is a 0.72-acre site located at 240 Collins Avenue. The parcel is an overflow parking lot, an underutilized site evidenced by a permanent locked chain at its gateway. It is bounded by an office-use to the east, a car rental lot to the north, and a cemetery to the south and west. The site analysis for this site indicates a total of 14.4 and is

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suitable for 14 above-moderate income units. There has been discussion with the property owner, Centrix Builders Inc., on maximizing the site for a multi-family dwelling complex, possibly exceeding 14 units.

Significant site constraints are unknown since an in-depth site analysis has not been completed for either site. However, the two properties are vacant or underutilized and are zoned for commercial use where multifamily developments are allowed. The sites are located by the geographic center of the Town and are a walkable distance from the Town Hall and potential Town Center site.

Colma Municipal Code section 5.03.130 - “PD” Zone under subsection (b) allows the following uses upon issuance of a use permit:
1) Single family residential developments;
2) Multiple housing developments;
3) Neighborhood and community commercial centers;
4) Professional and administrative offices; or
5) A combination of such uses.

Therefore, the PD would allow any of the above uses or a combination thereof, such as mixed- use development, 100% multiple housing development, all commercial development, etc.

Additionally, with the new housing element overlay, this site will remove further governmental constraints which include removing parking requirements, allowing for residential use on commercial zoned land when prevailing wages are met, and CEQA-exempt ministerial approval if the development meets affordable housing targets.

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Table H-46: El Camino Real Corridor Multi-Family Development Potential Location Designation
& Zone Acres Dev.

Pot.* Affordability Density
Allowed Constraints
El Camino Real
008-421-120
(Kohl’s)
Mixed Use -
Residential/
Commercial -
(C/R)

8.06 202
22 Extremely Low
23 Very Low
23 low
44 Moderate
90 Above-Mod.
30 to 60
du/ac
Height of 72’ -
compatible with
the General
Plan 2040 – is
required to
achieve the 202
units.
7733 ECR
008-127-020
(Sandblaster Site)
Commercial/
Residential -
(C/R)

0.58 16
4 Extremely Low
4 Very Low
8 Above-Mod.
30 du/ac Unknown
7778 ECR
008-141-080
(Bocci Site)
Commercial/
Residential -
(C/R)

0.60 15 7 Low
8 Above-Mod. 30 du/ac Unknown
ECR and Collins
008-421-170
Planned
Development
(PD/R)

0.41 8 8 Above-Mod. 30 du/ac Unknown
Collins near ECR
010-422-050
Planned
Development
(PD/R)

0.72 14 14 Above-Mod. 30 du/ac Unknown
Total 10.37
acres
255
units
26 Extremely Low
27 Very Low
30 Low
44 Moderate
128 Above-Mod.

* Development potential assumes that the properties would be developed at 20-30 du/ac, and increased density around Colma BART station to 30 and the Kohl’s site to 25 du/ac.

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GOVERNMENTAL CONSTRAINTS
As part of the Housing Element process, the Town analyzed its zoning code, permitting processes, development standards, and building codes to identify potential constraints for the development of housing. The Housing Element proposes specific actions and implementation schedules to remove such impediments, where possible.

GENERAL PLAN AND ZONING
Colma’s General Plan and Zoning Ordinance provide for a wide range of allowable residential densities in both residential and commercial districts. General Plan densities typically determine the maximum number of dwelling units allowed on a specific site. The Zoning Ordinance is consistent with the General Plan and outlines the allowed uses in each zone. The Residential “R” Zone allows for the following uses by right: a single-family dwelling, a manufactured home, small and large family daycare homes, accessory dwelling units, supportive housing, transitional housing, and a home office or cottage food operation. Upon the issuance of a use permit, the following uses may be permitted in the R Zone: a multiple unit dwelling up to six units, residential planned development or a larger residential development provided that the residential density does not exceed that specified in the general plan, and/or a home occupation. The Neighborhood Residential “R-S” Zone allows for the following uses by right: a single-family dwelling, a manufactured home, small and large family day care homes, community parks and public buildings, supportive housing, transitional housing, an accessory or junior accessory dwelling unit, and a home office or cottage food operation. The Commercial “C” Zone allows for the following uses by right: an emergency shelter, and an accessory dwelling. The following uses may be permitted in the C Zone upon issuance of a use permit: a commercial establishment, a single family or multiple family dwelling up to six units, residential planned development or a larger residential development provided that the residential density does not exceed that specified in the general plan, supportive housing, transitional housing, light industrial establishment, communication structures, commercial center, retail merchandising unit, and such other uses found by City Council to be of similar nature to described uses. The uses allowed in the C Zone with the issuance of a use permit may be permitted upon issuance of an administrative use permit instead of a use permit if the proposed use meets the following criteria: will occupy an existing commercial building or occupy a tenant space within an existing commercial building, is within the same Building Code occupancy classification of the existing building, does not require any building modifications, and will not exceed the available on-site parking. Additionally, the Town has a Planned Development zoning designation which aims to allow flexibility in zoning standards by permitting the following uses upon issuance of a use permit: single family residential developments, multiple housing developments, neighborhood and community commercial centers, professional and administrative offices, or a combination of such uses. In the past, the Planned Development designation has been used to develop high density residential projects, that exceed the density

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requirements of their previous zoning. This is the most successful manner by which to develop the available parcels identified in the previous section, because of their unique site constraints and small sizes.

As discussed earlier, the Town’s Commercial/Mixed Use and Commercial Land Use Designations sites will accommodate most of the housing need for lower income units. The Colma General Plan specifically identifies the Commercial/Mixed Use designation for ground-floor retail/office with residential units above. The mechanism to effectuate a mixed-use development is the rezoning of the property to Planned Development, which maintains the full multi-family allowance in the commercial zone but allows for greater flexibility in development standards to maximize unit yield. Planned Development “PD” districts may be established in any R, E, or C Zone upon application by property owners or the initiative of the City Council. The Planned Development process is described in further detail in the Permit Processing Procedures section.

This analysis is based upon two assumptions: that the identified sites allowing mixed-use will be developed with the residential uses and developers will build to the estimated realistic densities for each of these sites. The first of these assumptions is prudent considering latest trends in the Town and sites near the identified sites. Developments near the identified sites were almost exclusively residential use projects or included a small portion of retail/commercial uses.

Residential projects have been proposed on two of the sites near the Colma BART Station, lending credence toward the sites being developed with residential uses. There are several other reasons why the identified sites are likely to develop with the estimated residential capacity during the planning period:

1. Areas designated for mixed-use development have no minimum commercial component requirement, so developers are able to develop 100% residential (i.e., there is no vertical mixed-use requirement) on mixed use sites.

2. The Town supports housing in the Town’s mixed-use areas by assisting in site assembly.

3. Most mixed-use sites are not prime sites favored by commercial establishments.

4. The sites are in close proximity to where other new residential developments have been built or approved.

Thus, it is reasonable to assume that the identified sites will be developed as residential-use projects at, or above, the estimated densities.

The Zoning Ordinance sets forth requirements that can affect the type, appearance, and cost of housing to be built within the Town of Colma. The Zoning Ordinance includes standards for development that determine minimum lot size, permitted use(s), minimum setbacks, maximum height limits and minimum parking standards. There is no lot coverage limit or floor area ratio standard for residential zoning districts in Colma. The building envelope allowed on a residentially zoned lot in Colma is determined by setbacks and height limits. In areas that allow residential development, R, R-S, and C, the zoning code only places restrictions on maximum

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height rather than limiting the number of building stories. There are two residentially zoned districts in Colma, the Residential (R) zone and the Residential – Sterling Park (R-S) zone. The R-zone allows single family dwellings by right (no land use entitlements required) and multi- family dwellings up to six units with approval of a Use Permit provided that the residential density proposed does not exceed that which is specified in the General Plan. All multi-family developments will require a Use Permit if they have greater than 6 units. The R-S zone allows single family detached dwellings only.

To further remove constraints to developing housing on the five opportunity sites, the Town has created a Housing Element Overlay Zone. This zoning designation allows for greater housing densities and supports mixed-use developments on opportunity sites. Allowable uses and development standards in the housing overlay zone will reflect recent legislative decisions that aim to remove barriers to development. A few of the most impactful standards include removing minimum parking requirements within a half mile of public transit, and density bonus amendments that will allow for projects consistent with the densities described in the Town’s Land Use Element, rather than the zoning ordinance. Additionally, beginning July 1, 2023, proposed multi-family projects that are located within the housing element overlay zone, pay prevailing wages, and meet specified affordable housing targets would undergo a ministerial approval process which would exempt the project from the California Environmental Quality Act (CEQA) and the Town’s discretionary approval processes.

Development standards in Colma such as setbacks, building height and off-street parking are similar to or less restrictive than those in surrounding communities and would not be considered unreasonable development constraints. For example, the minimum side yard (10 percent of lot width) can be as narrow as 3.33 feet, which is much smaller than the 10-foot setback required by many San Mateo County jurisdictions. Colma allows a minimum lot size of 3,333 square feet, which is significantly smaller than most jurisdictions. In addition, Colma allows residential development on commercially zoned parcels, which is a far less restrictive land use policy than those found elsewhere in the County. The development standards for residential zones are summarized in the table below.

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Figure H-7: Housing Element Overlay Zoning District

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Table H-47: Current Residential Development Standards
Standard R-S Zone R Zone C Zone
Front
Setback: First Floor 15’ to building/19’ to
garage
15’ to building/19’ to
garage
15’ to building/19’ to
garage
Side
Setback: First Floor 10% of lot width or
10’, whichever is less
10% of lot width or 10’,
whichever is less
10% of lot width or
10’, whichever is less
Rear
Setback:

First Floor 15’ 25% of total lot area,
not to exceed 25’
25% of total lot area,
not to exceed 25’
Second Floor 25’ 25’ 25’
FAR:

No restriction.

Governed by
setbacks/height limits
No restriction.

Governed by
setbacks/height limits

1.0-2.0
Height: 27’ 36’ 36’
Source: Town of Colma Municipal Code, Subchapter 5.03: Zoning In 2013, the Town adopted manufactured home design standards. For the Town’s two single- family residential zoning districts, manufactured homes are permitted as single-family dwellings in compliance with Government Code Section 65852.3(a).

The parking standards are set forth in the zoning ordinance by district and are defined in Section 5.01.080 of the zoning ordinance. These standards are summarized in the table below.

Table H-48: Parking Standards
Residence Type Spaces Required Total Covered Uncovered
Single Family Detached: (Over 4 bedrooms., add

0.5 spaces/each additional bedroom) 2 2
Multiple Units:

Studio 1 .5 1.5
1 Bedroom 1 .5 1.5
2-4 Bedrooms 1 1 2
Over 4 Bedrooms add .5 covered or uncovered for
each additional bedroom
1 (min., add .5
per additional
bedroom)

1 (min.,
add .5 per
additional
bedroom)
Source: Town of Colma Municipal Code, Subchapter 5.01: General Plan The Zoning Ordinance includes provisions for residential structures that are existing or were approved prior to March 1, 1988. These provisions require only one (1) parking space for each single-family dwelling or for a multi-family dwelling having no more than one bedroom and 1.5 covered parking spaces for each multi-family dwelling having two (2) or more bedrooms. If the

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existing units comply with these provisions, property owners are not required to provide additional parking spaces because of repairs, restoration, remodeling, or additions to such units.

However, if additional bedrooms are added to an existing single-family dwelling, the number of off-street parking spaces must be increased by 0.5 covered or uncovered spaces for each bedroom exceeding four (4) bedrooms.

Parking requirements could be a potential constraint to development if high-density developments are required to meet the existing requirements. However, all of the sites in our site inventory are within a half mile of public transportation and are included in the Housing Element Overlay zone which removes all minimum parking requirements.

The density limits set forth in the Colma General Plan allow 13-30 units per acre in residentially zoned areas, and up to 30 units per acre in the mixed commercial/residential areas, including areas within the Commercial Overlay Zone. Up to 30 residential units per acre are permitted in certain commercial areas through mixed-use developments, which are established through the Planned Development process. Through the establishment of a Planned Development, standards may vary including those associated with parking, building height, and Floor Area Ratio. Density bonuses are also permitted under specific circumstances.

Although development standards and densities are generally less restrictive than those found in other Peninsula communities, Colma’s high proportion of land uses directly related to the large inventory of cemetery land discussed in the preceding section must be viewed as a constraint to future development of housing in Colma. This constraint is not, however, insurmountable in view of the availability of sites identified in this document. Existing residential development standards, such as setbacks, height limits and parking requirements have not constrained housing development in the Town. In many cases, they are less restrictive than other jurisdictions in San Mateo County, resulting in lower costs to develop housing. The flexibility afforded in the Planned Development process allows residential development to achieve maximum densities while balancing livability and habitability standards.

The required setback from Colma Creek and the grading of sloped parcels is the extent of general environmental constraints to development in the Town. It is not anticipated that these environmental constraints will have a significant impact on housing development at the opportunity sites because they are all infill developments. Colma Creek does flow underground through the Kohl’s site, but the potential environmental impacts of a development on the site have already been analyzed in the 2040 General Plan Update Environmental Impact Report.

BUILDING CODES
The 2019-2022 California Building Code is currently used in Colma. The updated building code for 2023-2026 will be in place by January 2023, and all applications will have to conform to the new code. The Town’s Building Official verifies that new residences, additions, auxiliary structures, etc., meet all construction and safety standards. Building permits are required for most construction work. Additionally, building code enforcement helps the Town maintain a safe

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building stock. Building inspectors ensure projects are compliant with the minimum requirements of the Building Code and reference the strictest code when overlap occurs. Code enforcement officials work to ensure that projects have the correct permits and are adhering to the proper codes. The Town of Colma is a small and quiet community that does not encounter as many citizens reported code enforcement complaints as many larger, and more involved, surrounding communities.

ON- AND OFF-SITE IMPROVEMENTS
Site improvements are a necessary component of the development process. Improvements can include the laying of sewer, water, and streets for use by a community when that infrastructure is lacking, and these improvements make the development feasible. Due to the built-out nature of the Town, all the residential and commercial areas in Colma are already served with adequate streets, sidewalks, and infrastructure. This includes sidewalks that usually only require modification to the location of curb-cuts. All 6 sites identified for development potential fall within serviced residential and commercial areas and are infill projects.

In areas already served by infrastructure, site improvement requirements vary depending on the existing condition of each project site. Usually, only standard connection laterals are required for most project utilities. The undergrounding of utilities from the nearest pole to the project is required of all projects, and street tree planting may also be required. These costs have not shown to be problematic for any developments in the Town when anticipated and known by the developer early in the process.

PERMIT PROCESSING AND PROCEDURES
As a small town, Colma provides high-level and personal customer service throughout the development process. Staff-level projects including sign review, temporary permits, and administrative use permits usually take less than 30 days to process. An example of an administrative level use permit in a commercial zone would include an occupation of an existing commercial building or occupy a tenant space within an existing commercial building and is within the same Building Code occupancy classification of the existing building, and does not require any building modifications, and will not exceed the available on-site parking. If a project meets all forementioned criteria the review period should take be approved in about 45 days.

In residential zones, single-family dwelling units, manufactured homes, small and large day care homes, ADUs, JADUs (R-S only), supportive housing, and transitional housing are permitted uses and do not require a planning permit. These abovementioned housing types would go to the Building Department for a permit and during this process, the Planning Department would review it for compliance. This type of permit would be a minimum of 30 days for project review and would not have to go to City Council if it meets the criteria for residential zones.

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Single-family residential infill construction does not require land use entitlements, and building permit-related fees vary depending on the project’s valuation. Provided that a proposal meets zoning code regulations, additions to and new construction of single-family dwellings do not require review or approval by City Council. As noted above, single-family dwellings are not subject to CEQA. Processing for a new single-family dwelling would begin with building permit submittal and there are no neighborhood noticing requirements.

Upon submittal of a building permit application for a single-family addition or construction of a new single-family dwelling, the Building Department routes the plans and application to the other City Departments for review. At that time there would be a detailed review of the proposed construction to determine if the project meets all municipal code regulations. There are no residential design guidelines for single-family additions or new construction. During review of the application by the Planning Department, design of the proposed addition or new construction would consider overall mass and bulk of the project in relation to the surrounding neighborhood. While there are no specific design criteria, impacts of the addition on adjacent properties are considered during the plan check of the building permit application. Plan check comments are returned to the Building Department within 10 days of submittal so that comments can be provided to the applicant in a timely manner.

Building permit plan check and processing in Colma is efficient and timely. Building permits are processed in a few days. Building permits for projects that require approval of entitlements cannot be issued until CEQA review is completed, and the City Council approves all entitlement applications. To expedite the process leading to construction, it is not uncommon for applicants to submit plans for building permit review while simultaneously proceeding through the CEQA and entitlement processes. Depending on the complexity of a project, building permit issuance ranges from a few days to a few weeks.

Building permits must be secured before commencement of any construction, reconstruction, conversion, alteration, or addition. Approval of permit applications is based on conformity with the Zoning Ordinance, although the City Council has the power to grant variances from the terms of the Ordinance within the limitations provided by law.

Multi-family Development Process
The Town of Colma does not have a specific multi-family zoning designation. However, the Town’s zoning code and land use designations allow for multi-family developments through the Planned Development entitlement process as detailed below. The Housing Element Overlay Zone creates an additional avenue for the development of housing in opportunity sites in Colma. The Housing Element Overlay Zone includes a set of requirements set by state legislation, including the need to pay prevailing wages and meet specified affordable housing targets, to undergo a ministerial approval process and be exempt from California Environmental Quality Act (CEQA) review.

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Planned Development Process
Since Colma does not have a Planning Commission, larger projects such as multifamily housing in commercial or residential zones require City Council approval. The Planning Department typically provides a courtesy pre-application meeting for the applicant providing zoning standards, design guidelines (if applicable), parking requirements, etc. Once an application is received, the project is reviewed for completeness, including design review. During this stage the project is routed to various departments including building, engineering/public works, and fire. Assuming this application is complete, this process with take a minimum of 30 days. The next step is City Council hearing. For projects that require a public hearing, the Town notices all properties within a 300-foot radius at a minimum of 10-days prior to the hearing. If City Council approves a project, there is also a 10-day appeal period. In total, this type of project, as shown in Table H-50, could take anywhere from two to four months.

The Planned Development process can be summarized as follows:

Planned Development Districts may be established in any R, E, or C Zone upon application of a property owner(s), or upon the initiative of the City Council. A discretionary application for the establishment of a Planned Development District requires submittal of a Conceptual Development Plan which, if approved by the City Council, shall become part of the Zoning Map of the Town of Colma.

Once an application for a Planned Development (which consists of a Rezoning and a Use Permit request, at a minimum) is received by the Planning Department, the application is reviewed for completeness and processed as a Conceptual Development Plan. Applications to establish a Planned Development District shall be accompanied by a fee, which shall be established from time to time by the City Council of the Town of Colma by Resolution, for each proposed dwelling unit and each proposed commercial establishment shown in the Conceptual Design Plan. Said fee shall be in lieu of fees prescribed in the Town of Colma Municipal Code for an amendment to the Zoning Map, for a variance, or for a use permit. Environmental review is completed during the Conceptual Development Plan phase. All applications are processed concurrently, and entitlements are generally approved within four to six months of application filing. The approval process requires a discretionary decision to be made by the City Council.

The City Council shall make the following findings prior to approval of the Conceptual Development Plan:

1. The proposed uses are, in substantial part, generally or conditionally permitted under the zoning classification in existence for the proposed district at the time of application;

2. The proposed uses will not be detrimental to present and potential surrounding uses, but will have beneficial effects which could not be achieved under other zoning districts;

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3. The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and density will not generate traffic in such amounts as to overload the street network outside the Planned Development District; and

4. The impact created by the development can be absorbed and serviced by the City (police and fire service, water supply, sewage disposal, etc.).

The City Council shall make the following findings prior to approval of a Use Permit:

1. The specific proposed use will be consistent with the provisions of the General Plan and this subchapter;

2. The granting of the Use Permit will not be detrimental to the public health, safety or public welfare, or materially injurious to properties or improvements in the vicinity;

3. Existing property uses, large or small, will not be detrimentally affected by the proposed use;

4. The granting of the Use Permit will not constitute a grant of special privilege inconsistent with the limitations imposed by the zoning ordinance on the existing use of properties, large or small, within the Town of Colma;

5. The proposed structure or building conforms to the purposes and intent of the General Plan and zoning ordinance; and

6. The use will not constitute a nuisance as to neighboring persons or properties.

The final step in the approval process is a Detailed Development Plan. The development standards that provide a guideline for Planned Development are those most closely associated with the General Plan land use designation. For example, the properties targeted for mixed-use along El Camino Real are designated as Commercial/Mixed Use in the Colma General Plan.

Building heights, floor area ratios and setbacks adopted in the Commercial zoning district would be used as a guideline for Planned Development.

In the past, Planned Development “PD” has been the Town’s primary method of entitling mixed use and multi-family housing developments of greater than 6 units. The most recent example of PD usage to develop multi-family housing was the entitlement of Veterans Village at 1670-1692 Mission Road Veterans Village is a 66-unit affordable rental housing project that provides stable housing for military veterans transitioning from homelessness. The site was originally zoned Commercial “C”, which allows for multifamily developments of greater than 6 units with a conditional use permit. By applying for a PD, the property owner(s) gave the City Council flexibility to adjust development standards to address site configuration and location. In this case, PD allowed them to create a development that would benefit the maximum number of occupants and meet their accessibility and support needs. This PD had a base density of 22 units per acre, but by providing 100% affordable housing, was entitled to an automatic 35% density bonus resulting in an allowable 66 units on the 2.23 acres. The usage of the PD zoning in a similar manner to the Veterans Village application, will allow for the maximization of housing potential on the identified opportunity sites.

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The discretionary aspect of the PD approval process intended to provide flexibility in development standards and create projects that are cohesive with the surrounding area. For example, since most of Colma is near half mile of high-quality transit, utilizing AB 2097, the parking minimums can be waived in PD zones that meet these requirements.

The table below identifies various entitlements and the estimated processing time for each.

Because many applications require multiple approvals, many of these approvals run concurrently. Variance and Use Permit requests usually take only two to four months to process. Because Colma has no Planning Commission, decision-making is streamlined.

Amendments and reclassifications to the Zoning Ordinance can be made by the City Council, subject to applicable provisions of State Law, and typically take four to six months to review.

Procedures for amendments and reclassifications are stated in the Zoning Ordinance.

Table H-49: Entitlement Processing Time and Approving Authority Type of Permit Typical
Processing Time Approving Authority
Design Review 2 to 4 months City Council
General Plan Amendment 4 to 8 months City Council
Zoning Reclassification 4 to 8 months City Council
Variance to Zoning Regulations 2 to 4 months City Council Planned Development Plan 4 to 8 months City Council
Parcel Map (in conjunction with PD) 4 to 8 months City Council/Public Works Subdivision Map (in conjunction with PD) 6 to 8 months City Council/Public Works Negative Declaration 4 to 6 months City Council
Environmental Impact Report 6-8 months City Council
Source: Town of Colma
The DR or Design Review overlay zone may be combined with all base zone to achieve a consistent site landscape and building design theme in those areas where it is applied. In Colma the DR zone is applied to all sites except for the majority of Sterling Park neighborhood. DR zone applies to entirety of the site, landscape, and building plans whether it is submitted in connection with the construction of a new building or an alteration or modification to the structure or facade of an existing building, with a few exceptions. Usually, these exceptions apply to clashing of the established architectural theme. With the establishment of objective design standards and more detailed guidelines for the DR zone, could help streamline project applications and incentivize developers where costs during the design phase may be minimized.

Programs 3.1 and 8.2 would help improve development potential in sites within town.

SB 35 Process
SB 35 requires jurisdictions that have insufficient progress toward their lower-income RHNA to streamline the review and approval of eligible affordable housing projects by providing a

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ministerial approval process that exempts proposed developments with at least 50 percent affordability from environmental review under CEQA for proposed developments. If a jurisdiction also has insufficient progress toward their above-moderate-income RHNA, then the jurisdiction is subject to stream the review and approval for developments with at least 10 percent affordability. SB 35 requirements will automatically sunset on January 1, 2026.

The Town of Colma has met the 5th Cycle RHNA and is not subject to streamlining the review and approval process.

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FEES
The cost of development for single-family and multifamily housing within the Town of Colma includes planning and building plan check fees, permit fees, utility service fees, recycling fees, and school fees. In addition, the Town of Colma imposes a parkland dedication fee for subdivisions (Quimby fee) and if inclusionary housing is not included (where required) then a housing in-lieu fee may also be imposed. Local governments typically assess many different types of residential development fees. These include planning fees, building permit and related fees, capital facilities fees, and development impact fees.

Planning Fees
Planning-related application fees required for development in the Town of Colma fall into two categories: flat fees and deposits against actual costs. Flat fees are charged for processing applications through the Planning Department to develop property. Fees are due and payable upon making application and are non-refundable. Based upon an analysis of staff hours and comparison with other jurisdictions, the fees set forth do not exceed the estimated reasonable cost of providing the service. The Master Fee Schedule can be found on the Town’s website at:
https://www.colma.ca.gov/master-fee-schedule/.

The following table summarizes the flat fees applicable to development:

Table H-50: Planning Fees
Type of Permit Fee
Accessory Dwelling Unit $611
Address Assignment $267
Administrative Use Permit $1,833
Design Review, Minor $1,986
Landscape Plan Review $267
Sign Permit $500
Sign Review $300
Special Event $100-$500
Temporary Use Permit (Tier 1) $70
Temporary Use Permit (Tier 2) $500-$1000
Tree Removal Permit, Minor $1,833
Tree Removal Permit, Major $4,124
Use Permit, Home Occupation $50
Use Permit, Minor $7,255
Zoning Clearance for Retail Merchandising Unit $250
Zoning Letter $993
Source: Town of Colma Planning Permit Application

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Deposit-based fees are required for processing major development applications through the Planning Department. The initial deposits shown below are due and payable upon filing an application and are based on the typical amount of staff time necessary to process similar applications. If additional staff time is necessary to adequately evaluate an application, additional deposits will be required. In accordance with the Colma ordinance that established the current Master Fee Schedule, the total amount of deposit-based fees shall not exceed three times the initial deposit, plus reimbursable costs. Any unused deposits are returned to the applicant after a decision on the application has been made by the City Council. Proposed amendments require the same fees as an initial application. The following summarizes the deposit-based fees associated with typical entitlement applications for all types of residential development:

Table H-51: Deposit Against Actual Cost – Land Use Development Processing Fees, Planning Services
Type of Permit Initial Deposit
Design Review, Major $7,102
General Plan Amendment $10,844
Lot Line Adjustment $8,416
Master Sign Program $7,255
Parcel Map $7,744
Planned Development Plan $6,949
Stormwater Review Deposit (Preliminary) $1,497
Subdivision Map $9,776
Use Permit, Major $7,225
Vacation or Abandonment of Public Easement $6,644
Variance to Zoning Regulations $7,255
Zoning Reclassification $8,935
Source: Town of Colma Planning Permit Application
In addition to the above noted planning application fees, staff time associated with environmental review in accordance with CEQA (California Environmental Quality Act) review requires a separate deposit, which is due and payable at the time an application is submitted.

As noted above, additional deposits will be required if the amount of staff time to evaluate the proposal exceeds the amount of the initial deposit. Any unused deposits are returned to the applicant after a decision on the environmental document has been made by the City Council.

The total processing fee will not exceed the actual, reasonable cost of providing the service. In addition to the application and CEQA review fees, applicants are required to submit pass- through fees to the San Mateo County Clerk and California Department of Fish and Game, collected by the City after the environmental determination has been approved by the City Council. The following table summarizes the fees associated with environmental review of a proposed development (not specifically residential):

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Table H-52: CEQA Review Fees for Land Use Development Projects – Deposit Against Actual Cost
Application Initial Deposit Pass-through Fees
Categorical Exemption $267 $50-Document handling fee
(Mitigated) Negative Declaration
$8,019 is prepared by Staff;
otherwise, 10% of the cost charged
by an outside consultant
$2,548.00 –CA Dept. Fish &
Game fee
$50- Document handling fee
Environmental Impact Report
Consultant cost plus a deposit of
10% of the cost charged by an
outside consultant
$3,539.25 –CA Dept. Fish &
Game fee
$50- Document handling fee
Environmental Document
pursuant to a Certified
Regulatory Program (CRP)
-
$1,203.25 –CA Dept. Fish &
Game fee
$50- Document handling fee
Source: Town of Colma Planning Permit Application
The Town of Colma’s Planning Department is partially funded by application fees and deposits, but the remaining cost of operating the department is subsidized by the Town’s General Fund. A cost-of-service fee study was conducted in 2018, resulting in an overall increase of planning and building fees. Residential planning and building fees are broadly required by all jurisdictions in San Mateo County. In Colma, such fees are noted here as affecting development, but are not viewed as a governmental constraint.

The following tables provide estimated planning, building and impact fees per unit for different types of residential units when compared to other jurisdictions within San Mateo County. The fees are based on the following prototypical projects:

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Table H-53: Total Fees (includes entitlement, building permits, and impact fees) per Unit
City Single Family Small Multi-Unit Large Multi-Unit
Atherton $15,941 No Data No Data
Brisbane $24,940 $11,678 No Data
Burlingame $69,425 $30,345 $23,229
Colma $6,760 $36,950 $17,030
Daly City $24,202 $32,558 $12,271
East Palo Alto $104,241 No Data $28,699
Foster City $67,886 $47,179 $11,288
Half Moon Bay $52,569 $16,974 No Data
Hillsborough $71,092 No Data No Data
Millbrae $97,756 $6,824 $55,186
Pacifica $33,725 $40,151 No Data
Portola Valley $52,923 No Data No Data
Redwood City $20,795 $18,537 $62,696
San Bruno $58,209 $72,148 $39,412
San Mateo $99,003 $133,658 $44,907
South San Francisco $81,366 $76,156 $32,471
Unincorporated San Mateo $36,429 $27,978 $10,012
Woodside $70,957 $82,764 No Data
Source: Baird + Driskell Fee Survey Summary
Colma’s fees are generally much less than those of other jurisdictions in the County for the single-family home prototype. Development fees for multi-unit developments include additional entitlement costs that result in higher development fees per unit compared to single family developments in Colma as shown in Table H-54. The development fees for small and large multi-family developments are 4% and 2% of the total development costs, similar to San Mateo County jurisdictions. In addition, the fees for multi-family developments in Colma are less than the development fees for single family homes in surrounding jurisdictions. Generally, the fees collected by the Town are relatively low and are not considered an impediment to development.

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Table H-54: Total Fees as a Percentage of Total Development Costs Single family
Small Multi-
Family
Large Multi-
Family
Atherton 0% No Data No Data
Brisbane 1% 1% No Data
Burlingame 3% 4% 3%
Colma 0% 4% 2%
Daly City 1% 4% 2%
East Palo Alto 4% No Data 4%
Foster City 3% 6% 2%
Half Moon Bay 2% 2% No Data
Hillsborough 3% No Data No Data
Millbrae 2% 8% 7%
Pacifica 1% 5% No Data
Portola Valley 1% No Data No Data
Redwood City 1% 2% 8%
San Bruno 2% 8% 5%
San Mateo 4% 14% 6%
South San Francisco 3% 9% 4%
Unincorporated San
Mateo 1% 3% 1%
Woodside 2% 9% No Data
Source: Baird + Driskell Fee Survey Summary
Building Fees
Colma, in accordance with the Government Code, enforces the latest edition of the California Building Code to ensure the health and safety of residents of newly constructed housing. The Town’s Building Department enforces the building code. Inspections and approvals are completed promptly and do not add unnecessary delays to the construction of new housing.

Fees are assessed for these projects to offset plan check and inspection activities. From time to time, the Town adjusts fees to keep up with inflation. These fees are established in accordance with the Government Code.

Building permit fees for new construction and additions are determined in dollars per square foot based on the occupancy of the use, with the final determination for the occupancy made by the Building Official. Permit fees for alterations, reports, and interior changes (tenant improvements) are charged on a sliding scale that is based upon the valuation of the project.

The plan check fee is 65% of the permit fees.

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Recycling Fees
In March 2004, the Colma City Council passed an ordinance to meet the goals of the California Integrated Waste Management Act of 1989. The ordinance requires that at least 65% of the waste tonnage from any demolition project, including concrete and asphalt (or 15% where there is no concrete and/or asphalt) be recycled and/or reused, consistent with the Act. Prior to demolition and building permit issuance, applicants must comply with the Town’s Construction Debris and Demolition recycling ordinance and complete a “Recycling and Waste Calculation Form”. At the time of building permit issuance, the applicant posts a deposit at a rate of $50 per ton for the percentage of recycled materials calculated. Upon the completion of the project, it is the contractor’s responsibility to demonstrate that they have properly recycled the correct amount of waste generated by submitting receipts, weight tags, or other records to the Colma’s Building Department for verification. If it is demonstrated that the construction debris recycling goals were met, the full amount of the deposit is refunded. If the amount recycled is less than the required amount, the Town of Colma retains the $50.00 for each ton not recycled and/or reused. Since waste diversion is broadly required of all jurisdictions under State law, it is noted here as affecting development, but is not viewed as a constraint.

Public Works Fees
There are also public works fees associated with property development. These fees are charged for processing documents necessary to implement a plan to develop a property. Fees are due and payable upon making application and are non-refundable. These fees are in addition to any other fees set forth in this schedule.

Typical public works fees include sewer connection fees, water meter and service connection fees, sidewalk, and special encroachment permits, and the most prevalent associated with residential construction, which are summarized on the following page.

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Table H-55: Public Works Fees – Town of Colma
Type of Permit Fee
Grading Plan Check Fees
50-2,000 cu. yds $99.00 + $71.00 per 100 cu. yds.

Grading Plan Checking > 2,000 cu. yds $1,490.00 + $75.00 per 100 cu. yds. (if > 2,000 cu. yds.)
Grading Permit, 50-2,000 cu. yds $596.00 + $36 per 100 cu. yds.

Grading Permit,>2,000 cu. yds $1,201.00 + $65.00 per 100 cu. yds. (if >2,000 cu. yds.)
Improvement Plan Check Fees
Contracts of </= $10,000 $397.00
Contracts between $10,000-$100,000 $429.00 + $5.00 per $1,000 of contract cost
Contracts between $100,000-$500,000 $894.00 + $8.00 per $1,000 of contract cost
Contracts > $500,000 $4,170.00 + $8.00 per $1,000 of
contract cost
Encroachment Permit, single residential lot driveway $230 Encroachment Permit, single residential lot utility cut by contractor in asphalt street or concrete sidewalk
$230.00
Encroachment Permit, single residential lot utility cut by contractor in an interlocking concrete paver surface street or sidewalk
$330.00
Encroachment Permit, fence and/or landscaping in right-of- way
$25.00
Parcel or Final Map Subdividing Property $3,972.00 for four lots + $199.00 per each additional lot + recording costs
Source: Town of Colma Public Works Department
School Fees
In 1987, Assembly Bill 2926 amended the California Government Code to authorize school districts to levy school impact fees on new residential, commercial, and industrial development.

There are two school districts that serve Colma: The Jefferson Union High School District (which includes Bayshore Elementary School , Brisbane Elementary School, Jefferson Elementary School , Pacifica Elementary School District) and the South San Francisco Unified School District.

There is one high school district, the Jefferson Union High School District. School fees are collected to offset costs of rehabilitation and maintenance of school buildings. Fees are collected on all new construction projects in Colma, ADUs over 750 sq. ft., and residential remodels that add 500 square feet or more. Residential school development fees for the Bayshore, Jefferson, and Pacifica Elementary School Districts, and Jefferson Union High School District, are $4.79 per square foot.

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Parkland Dedication
The Colma City Council adopted Ordinance 641 in 2006 to require dedication of land and/or payment of a parkland dedication fee. The parkland dedication fee applies to projects in Colma that require approval of a tentative map or parcel map for residential uses by one or more dwelling units but exempts subdivisions containing fewer than 5 parcels and not used for residential purposes. This fee is determined by multiplying 0.003 acres per person in the dwelling unit (which is the same as three acres per 1,000 persons) times the total number of dwelling units in the development times the average number of persons per dwelling unit in the subdivision for which the approval of a map is being sought. The ordinance assumes that the average number of persons in a dwelling unit in the subdivision will be 3.07, which is the average occupancy based on the 2020 Census and the 2020 American Community Survey 5 Year Estimates. In subdivisions of more than 50 lots, or in the case of a condominium project, stock cooperative or community apartment project, if the subdivision contains more than fifty (50) dwelling units, the developer shall both dedicate land and pay a fee. The purpose of collecting these fees is to provide park and/or recreational land for use by the residents of Colma. The Colma Parkland Dedication Fee ordinance is based on California State enabling legislation, so it is applicable statewide. Therefore, it is not viewed as a constraint to development, as many communities in the area have adopted the same regulations.

Local governments typically assess many different types of residential development fees. These include planning fees, building permit and related fees, capital facilities fees and development impact fees. Residential planning and building fees are broadly required by all jurisdictions in San Mateo County. In Colma, such fees are noted here as affecting development, but are not viewed as a governmental constraint.

Affordable Housing Fees
The Colma City Council adopted an affordable housing impact fee which applies to housing, office, and retail development. The fees contribute to the Town’s housing fund which is used to increase and improve the supply of housing affordable to moderate, low and very low-income households. The use of the fund is not limited to the housing opportunities within the Town’s boundaries but also includes surrounding areas in San Mateo County.

Pursuant to Subchapter 5.12 of the Colma Municipal Code, Housing Impact Fee payments are required for all new for-sale residential developments of 5 or more units, for-rent residential developments, and commercial/non-residential developments that result in new floor area exceeding 5,000 square feet. For-sale residential development projects of fewer than 15 units that are not, and have not been, part of a larger residential development project, may propose an alternative equivalent action such as land donation and off-site construction, subject to the review and approval by the City Council.

The affordable housing impact fee is based on the size and use of proposed developments as noted in Table 56 below.

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Table H-56: Affordable Housing Impact Fees
Use Fee per Square Foot of Net New
Floor Area
Residential Use
Single Family Detached Home $10.00
Townhouses, Duplexes and Triplexes $ 15.00
Apartments and Condominiums $ 15.00
Non-Residential Use (Only applies to developments over 5,000 sf) Hotel $5.00
Retail, Restaurants and Services $5.00
Office, Medical Office and Research and Development Uses $5.00 Source: Town of Colma Planning Department
Inclusionary Housing
In December 2005, the Town adopted an Inclusionary Housing Ordinance amending the Colma Municipal Code. This Ordinance requires developments of 5 or more units including 20% inclusionary affordable units or pay an in-lieu fee to the Colma Housing Trust Fund. This Ordinance was amended in September 2016 through changes to Colma Municipal Code Section

5.12. For for-sale residential developments of fewer than fifteen units, the developer may elect, as an option, to satisfy the requirements of this section by paying the in-lieu fee. At least 20% of the inclusionary units (or 4% of the total development) must be restricted to occupancy by very low-income households. An 20% of the inclusionary units (or 4% of the total development) must be restricted to occupancy by low-income households. The remaining 60% (or 12% of the total development) to moderate income households. Additionally, a minimum of 45 years for owner-occupied units must remain affordable.

For rental residential development, of five or more units, a Housing Impact fee is required. This fee is calculated based on net new square footage of residential floor area, excluding the square footage of units that are renter at affordable rent to moderate, low, or very low-income households so long as such units are deed restricted as such. The rental inclusionary housing provisions currently meet state requirements.

The Town’s Affordable Housing Fund has not been utilized for the construction of new units.

Funding from Veterans Village came from outside sources and the Hoffman Estates and Verano developments were completed prior to the establishment of the fund.

The framework and incentives for inclusionary housing is strong and providing ample incentives for developers to build both for-sale and for-rent housing for all income levels. The biggest challenge the Town faces whether it is for commercial or residential uses is available land that is not dedicated to cemetery use.

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HOUSING GOALS, POLICIES, AND PROGRAMS
This section describes this Housing Element’s policies and programs, and quantifies the objectives intended to guide housing development in Colma until the year 2031. Many of the following programs are carried over from the 2015 Housing Element.

KEY HOUSING CONSIDERATIONS
By the year 2030, nearly one in four San Mateo County residents will be over the age of 65. We must prepare for the aging baby boomer population by supporting healthy aging. Communities can support healthy older adults by placing neighborhood services near housing to allow for an easy walk between destinations, and accessibly high-quality public transit. Housing options for seniors can include senior housing with a variety of levels of services provided, assisted living facilities (a growing trend), and aging in place. Universal design (a set of building and design standards that make it easy for someone of any age to occupy a housing unit) can assist with aging in place. Shared housing arrangements (i.e., renting a room in an existing home) can also help meet senior needs.

Preserving the existing housing stock in Colma is a high priority. Continued maintenance of the existing housing stock helps provide lower-cost housing and ensures high-quality neighborhoods. Housing activities that help achieve these goals include rehabilitation of single- and multi-family housing, and code enforcement. Through code enforcement, and neighborhood and home improvement programs, the Town maintains the safe and healthy condition of existing housing units.

Providing affordable housing is essential for a healthy and balanced community. In addition to a diverse mix of housing types, it is necessary to make housing available for residents of all income levels. Throughout the Bay Area, residents face increasing challenges in finding affordable housing due to high housing demand at all levels. High demand and short supply have driven property values to levels that have shut many families and individuals out of the ownership market as well affordable rental housing. Lower-income families in particular find it difficult to secure decent, safe housing. The Town of Colma works with both nonprofit and for- profit developers to assist in the production of affordable for-sale and rental housing when opportunities arise. Seeking funding from varied sources increases opportunities for the development of affordable housing. Meeting the housing needs of all residents of the community requires the identification of adequate sites for all types of housing. By capitalizing on the variety of options available through the General Plan and continuing to maintain an inventory of potential sites, the Town will ensure that adequate residentially zoned and mixed- use sites are available to facilitate the development of a variety of housing types.

Market and governmental factors pose constraints to the provision of adequate and affordable housing. These factors tend to disproportionately impact lower- and moderate-income

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households due to their limited resources for absorbing costs. The Town of Colma is committed to removing governmental constraints that might hinder the production of housing. To fully meet the community’s housing needs, the Town must ensure that housing is accessible to all residents, regardless of race, religion, family status, age, or physical disability.

HOUSING ELEMENT GOALS, POLICIES, PROGRAMS AND OBJECTIVES Colma’s long-term housing goal is to facilitate and encourage housing that fulfills the diverse needs of the community. The Housing Element identifies long-term housing goals and shorter- term policies to address the identified housing needs. The goals and policies are implemented through a series of housing programs. Programs identify specific actions the town will take toward putting each goal and policy into action.

The goals, policies, and programs build upon the identified housing needs in the community, constraints confronting the town, and resources available to address the housing needs. This Housing Element will guide Colma’s housing policy through the 2023-2031 planning period.

Colma’s housing goals, policies, and programs address the six major housing needs identified by State law:
• Maintain and preserve the existing affordable housing stock • Assist in the development of affordable housing
• Identify adequate sites to achieve a variety and diversity of housing • Remove constraints to housing development
• Promote equal housing opportunities
• Provide programs to meet other identified housing needs

Colma takes a comprehensive approach to housing planning. Housing, land use, economic development, and transportation policies work together to address the total housing need in Colma.

Colma has established eight goals relating to housing. These goals include seven goals from the 2015 Housing Element and one new goal. Under each goal, policies related to that goal area are listed.

Goal A: Identify adequate sites, with appropriate zoning and development standards and services, to accommodate Colma’s share of the regional housing needs for each income level.

Goal B: Assist in making available adequate housing to meet the needs of extremely low, very low-, low-, and moderate-income households.

Goal C: Address and where possible, remove governmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities.

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Goal D: Conserve and improve the condition of the existing housing stock.

Goal E: Preserve assisted housing developments at risk of conversion to market-rate.

Goal F: Affirmatively Furthering Fair Housing. Meaningful actions to promote equal housing opportunities for and combat discrimination against all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, disability, or economic background.

Goal G: Encourage sustainable residential development that is energy efficient and consistent with existing and future Town values and policies related to reducing greenhouse gas emissions.

Goal H: When opportunity sites are developed, they require provision of public benefits with values proportional to the project's building square footage, in excess of established development standards.

To reach the above identified housing goals, specific housing policies and programs have been identified. Table H-57, identifies each housing policy, the specific housing goals that the policies relate to, and the programs implementing the policies. Table H-58 identifies the quantified objectives for construction, rehabilitation, and conservation of housing in the Town of Colma.

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Table H-57: Town of Colma Goals, Polices, Programs and Objectives

Related Goal

Implementing Program

Timeframe

Tasks &
Responsibility Quantified Objective
Policy 1: Encourage the construction of cost-effective single-family housing that caters to all income levels and demographics in the Sterling Park Residential Neighborhood.

Goal A: Identify
Adequate Sites

Goal B: Assist
in making
affordable units
available
Program 1.1 Provide regulatory incentives to facilitate manufactured housing development in single-family
residential zoning designations.

In May of 2013 the City Council adopted Ordinance No. 720, allowing manufactured homes to be located in a single-
family residential zone, provided it is on a permanent
foundation, devoid of wheels or axles, and meets specified design standards, and establishing development standards applicable to manufactured homes.

Annually starting in
2023 through 2031
• Planning Department will
compile a list of housing
manufacturers for
residents interested in
this type of housing.
• The planning
department will develop
objective design
standards for
manufactured housing in
single-family zoning
designations.
• Update the Colma
Municipal Code to reflect
new development and
design standards for
manufactured housing.

Conduct annual outreach
to community
stakeholders to provide
updates about new
affordable housing
opportunities.

The construction of up to 4
new suburban
s (if utilizing SB 9 lot split) on
the vacant parcel on B Street
in the Sterling Park
Neighborhood by 2031.

H-99

Related Goal

Implementing Program

Timeframe

Tasks &
Responsibility Quantified Objective
Goal A: Identify
Adequate Sites

Goal B: Assist
in making
affordable units
available
Program 1.2 General Plan Consistency Review and
Annual Report.

Continue to conduct an annual Housing Element
implementation review consistent with Government Code
Section 65400. Provide an annual report on the Town’s
housing efforts to the City Council and ensure the annual report is available to the public.

Continue internal
consistency review
annually from 2023
to 2031 and make
reports available to
the public.

The planning department
will continue internal
consistency review
annually from 2023
through 2031 and make
reports available to the
public.

Increase awareness to
decision makers of annual
progress toward meeting
Housing Element Goals.

Policy 2: Encourage the construction of second dwelling units where appropriate.

Goal A: Identify
Adequate Sites

Goal B: Assist
in making
affordable units
available
Program 2.1 Second Unit Ordinance.

Pursuant to Colma’s Zoning Code, second dwelling units are permitted in the “R” Zone, in accordance with state law. They are also permitted in the “C” zone with a Conditional Use Permit.

Planning department to update the Town’s Second Unit
Ordinance to align with State ADU laws that will go into effect on January 1, 2023.

Planning department to create outreach materials for Second Unit and ADU development with objective design standards. • Update the
Second Unit
ordinance prior to
the end of 2023.
• Create outreach
materials and
objective design
standards prior to
the end of 2023.

The planning department
will update the second unit
ordinance and create
outreach materials
including objective design
standards for ADU and
second units.
• To increase the number of
second units/ADU/JADU by
the end of 2031.
• Starting in 2023, one (1)
second units/ADUs/JADUs
annually.

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Goal A: Identify
Adequate Sites

Goal B: Assist
in making
affordable units
available
Program 2.2 Accessory Dwelling Units.

The Town's zoning regulations allows an ADU or JADU
subject only to a building permit under subsection

5.19.040(A) may be created on a lot in a residential or mixed-use zone. To maximize ADU development, this
program will incorporate additional provisions beyond those required under State law including the following:
• Seek grants to help with ADU development
• Conduct an annual survey of homeowner interest in
ADUs and JADU
• Develop ADU and JADU outreach materials
• Notify residents of ADU/JADU eligibility

The Town will update the municipal code and ordinance to reflect state law for ADU/JADU that go in effect on January 1, 2023.

The Town will continue to facilitate ADU construction by providing information to interested homeowners and on the Town’s website and will track the number of new ADUs
inquiries, issued permits, and completed projects.

ADU production will be monitored on an annual basis and continue to update grant opportunities to help applicants with costs.

In March 2017, the Town adopted an Ordinance related to any proposed ADU or JADU that does not conform to the
objective standards set forth in Municipal Code Section 5.19, may be allowed with a Conditional Use Permit, in accordance with section 5.030.400 through 5.030.430.

Annually starting in
2023 through 2031
The planning department
is responsible for all
ADU/JADU programs
including the Town’s
municipal code and
ordinance related to
ADUs/JADUs.
• To increase the number of
completed ADU/JADU by the
end of 2031.
• Starting in 2023, one (1)
second units/ADUs/JADUs
annually.
• To have annual outreach
materials, surveys, and
housing-related workshops
to highlight ADUs/JADUs
and provide updates to
state legislation (if changes
have been made).

H-101

Related Goal

Implementing Program

Timeframe

Tasks &
Responsibility Quantified Objective
Policy 3: Provide incentives that encourage affordable high-density residential uses near major regional transportation facilities.

Goal A: Identify
Adequate Sites

Goal B: Assist
in making
affordable units
available

Goal C:

Remove
governmental
constraints
Program 3.1 Develop Objective Development and
Design Standards for Planned Development Districts
and create Administrative Approval Process.

Pursuant to the Colma Zoning Ordinance, parcels zoned as “Planned Development (PD)” permit a mix of uses, including both residential and commercial. Higher-density, multi-unit residential developments are permitted in PD zones.

Starting in 2023
through 2031 and
as inquiries are
presented
• The Planning
Department will
establish clear objective
design and development
standards for “PD”
Districts.
• The Planning
Department will
establish an
Administrative Approval
Process to streamline
review of any high-
density or mixed-use
projects in the PD
District.

For each commercial, and
residential project, review and
analyze the optimization of
developable land.

The .41-acre site on El
Camino Real and Collins
Avenue, at least 8 residential
units.

The .72-acre site on Collins
Avenue near El Camino Real,
at least 14 residential units.
• Removes any constraints
from requiring high-density
residential or mixed-use
projects to undergo a
discretionary review
process.
• Establishes objective
development and design
standards and
administrative processing
procedures that will
streamline the housing
review process for high-
residential and mixed-use
projects in PD Districts.

H-102

Related Goal

Implementing Program

Timeframe

Tasks &
Responsibility Quantified Objective
Goal B: Assist
in making
affordable units
available
Program 3.2 Update the Town’s Density Bonus
Provisions to Stay Consistent with State Density
Bonus Law.

In December of 2005, the Town adopted a Density Bonus
Ordinance that provides for the granting of concessions and an increase in density for qualifying residential projects, consistent with State Law.

Annual review of
the State’s Density
Bonus Law and
update the Town’s
Ordinance as
needed.

• The planning
department will assess
and make any required
amendments to the
Town’s Density Bonus
Ordinance to stay
consistent with State
density bonus laws.
• City Council is
responsible for the
adoption of updates to
the Town’s Density
Bonus Ordinance.

A total of 22 extremely low-,
22 very low-, and 25 low-
income affordable units by the
end of 6th Housing Element
cycle.

Goal B: Assist
in making
affordable units
available
Program 3.3 High-Density Housing Near Colma and
South San Francisco BART Stations.

Per state law, parking minimums are no longer required on projects that are located within .5 mile of high-quality transit, which can be utilized in the density identified in the 2040 General Plan from 30 du/ac to higher densities.

Starting in 2023,
annually review
state legislature
and update Town’s
ordinance as
needed.
• Planning Department is
responsible for keeping
up to date with state
laws, identifying
applicable property
owners, and annual
engagement.
• The planning
department will identify
and reach out to
applicable property
owners in the vicinity of
the BART stations to
utilize state law
removing parking
requirements and
• Vacant parcels that are
located near BART stations,
encourage development to
be over 30 du/ac.
• Updated parking standards
will facilitate in feasibility of
high-density development
near the BART station.
• Remove constraints for
projects that meet all
characteristics for a
Categorical Exemption
under CEQA for infill
development projects.

H-103

Related Goal

Implementing Program

Timeframe

Tasks &
Responsibility Quantified Objective
maximize housing units
including affordable
units.
• As part of the Zoning
Code update in 2023,
the Planning Department
will update the Town’s
parking standards to
include
objective parking
standards that will help
facilitate a compact,
well-
designed residential
development.
• The Planning
Department will review
and process qualified
urban infill and
residential projects with
a categorical exemption
under CEQA. The use of
the
CEQA exemption will
be assessed on a case-
by-case basis to ensure
projects are absent of
any potentially
significant environmental
impacts.
• At 7733 El Camino Real, at
least 16 total housing units,
but encourage more.
• At 7778 El Camino Real, at
least 15 total housing units,
but encourage more.

H-104

Related Goal

Implementing Program

Timeframe

Tasks &
Responsibility Quantified Objective
Goal B: Assist
in making
affordable units
available
Program 3.4 Inclusionary Housing.

The Town adopted an Inclusionary Housing Ordinance
amendment which requires developments of 5 or more units including 20% inclusionary affordable units or pay an in-lieu fee to the Colma Housing Trust Fund. The program will help support the inclusion of units at extremely low-, very-low, low-,and moderate income levels.

Starting in 2023,
and annually
through 2031.

City Manager administers
the Housing Fund.
• Planning department will
record, assess parcels,
and reach out to housing
developers.
• The planning
department will identify
and keep a record of
possible developable
parcels within the town
in which monies from
the Housing Fund can be
utilized.
• The planning
department will contact
for-profit and nonprofit
developers to gauge
interest in identified
parcels
Develop a total of 22
extremely low-, 22 very low-,
and 25 low-income units by
the end of 6th Housing
Element cycle.

Goal A: Identify
Adequate Sites

Goal B: Assist
in making
affordable units
available

Program 3.5 Establish a Housing Element Overlay
Zone

The planning department will create a new overlay district based on the opportunity sites from the 6th cycle Housing Element. This overlay district will reflect state law that will be effective January 1, 2023. Some highlights of this overlay district will be:
2023 through 2031.

This overlay will go
into effect once the
6th cycle Housing
Element is adopted
by City Council and
certified by HCD.
• Create a new overlay
district based on the
opportunity sites from
the 6
th cycle Housing
Element. This overlay
district will reflect state
law that will be effective
January 1, 2023. Some
By the end of the 6th Housing
Element cycle, to have built
22 extremely low-, 22 very-
low, 25 low, 37 moderate, and
96 above-moderate units for a
total of 202 units.

H-105

Related Goal

Implementing Program

Timeframe

Tasks &
Responsibility Quantified Objective
Goal C:

Remove
governmental
constraints
• Residential use on commercially zoned property
without rezoning for projects that pay prevailing
wages
• CEQA-exempt ministerial approval pathway on
commercially zoned land for qualifying residential
development that meets affordable housing targets
and pays prevailing wages
• No parking minimums within half-mile of high-quality
transit.
highlights of this overlay
district will be:
• Residential use on
commercially zoned
property without
rezoning for projects
that pay prevailing
wages
• CEQA-exempt ministerial
approval pathway on
commercially zoned land
for qualifying residential
development that meets
affordable housing
targets and pays
prevailing wages
• No parking minimums
within half-mile of public
• City Council to approve
overlay district, as part
of General Plan Update
amendment, by March
2023.

H-106
Policy 4: Provide Housing accessible to persons with special needs, including seniors, persons with disabilities, and homeles s persons.

Goal C:

Remove
governmental
constraints

Goal F:

Affirmatively
Furthering Fair
Housing
Program 4.1 Reasonable Accommodations Ordinance
Public Information, Ordinance Amendment and
Monitoring
In January 2007, the Town adopted an ordinance amending the Colma Municipal Code to provide a procedure by which persons with disabilities can request reasonable
accommodation in seeking equal access to housing. The
procedure includes an application form, establishes review authority, requires public noticing and requires findings.

In March 2015, the Town amended its Reasonable
Accommodation Ordinance to remove provisions that are not in compliance with fair housing laws. The Town will continue to provide public information to continue to allow for
reasonable accommodation for persons with special needs.

The Town will regularly monitor the implementation of the Town’s codes, policies, and procedures to ensure that they comply with the “reasonable accommodation” for disabled provisions and all fair housing laws.

Ongoing,
continuing in 2023
and annually.

• The Planning
Department is
responsible for
amending and providing
information about the
municipal zoning code
and monitoring the
implementation of the
Town’s codes, policies,
and procedures to
ensure that they comply
with the “reasonable
accommodation” for
disabled provisions and
all fair housing laws.
• The Planning
Department shall assess
all available resources
available to the Town for
use in funding and
operation of services,
programs, or activities
that support reasonable
accommodations for
segmented groups with
disabilities.
• The Planning
Department will work
with the ADA
Coordinator to obtain
guidance on the
To ensure that reasonable
accommodation is made for
individuals to have equal
access to housing.

H-107
reasonable
accommodations’
application process.

Goal E:

Preserve
assisted
housing
developments
at-risk of
conversion to
market- rate.

Goal F: Equal
Opportunity for
Housing
Program 4.2 Expand Senior Housing Opportunities.

Through this program the Town maintains and manages
Creekside Villas, an 18-unit Senior Housing Complex on El Camino Real. The current rental structure is designed to provide subsidized and affordable units to low-income
seniors. This program aims to preserve affordable housing units for the senior population in town.

Ongoing • Town of Colma
Administration and the
Department of Public
Works are responsible
for maintenance/
management of the
facility.
• The Planning
Department will work
with developers to
identify and expand
senior housing
opportunities in mixed-
use and high-density
multi-family housing
projects.
• To maintain affordable
housing for seniors within
the community.
• To integrate senior housing
into mixed-use and high-
density developments in
areas that are suitable for
more modest income
seniors.

Goal F: Equal
Opportunity for
Housing
Program 4.3 Identify Opportunities for Emergency
Shelters and Homeless Assistance.

California Government Code Section 65583(a) (4) requires Colma to assess the need for emergency homeless shelters and zones to permit these shelters by right and without environmental review.

In May of 2013, the Town of Colma amended its Municipal Code to implement Government Code Section 65583(a) 94).

The amendment allows for the construction of an emergency homeless shelter within the Commercial (C) district.

The Town of Colma supports LifeMoves for resources to
homeless individuals and families or those at risk of being homeless.

Ongoing • The Planning
Department will work
with LifeMoves to obtain
resources for homeless
individuals.
• The Planning
Department will update
the Town’s website with
resource and guidance
for individuals seeking
homeless assistance.
• The Planning
Department will provide
• Promote housing and
services for homeless
individuals by supporting
agencies such as LifeMoves.

H-108
street outreach through
volunteers and Homeless
Liaisons.
• Planning Department
responsible for advising
a potential developer of
an emergency shelter of
the zoning provisions.
• Building Department
responsible for
processing building
permits.

Goal F: Equal
Opportunity for
Housing
Program 4.4 Housing Opportunities for Persons with
Developmental Disabilities
Provide housing opportunities for individuals with disabilities so that they have access to public services in the least restrictive and most integrative setting appropriate to their needs.

Identify areas where community-based housing could exist and create outreach programs to identify residents in Colma who need this type of housing and services.

Ongoing • The Planning
Department will identify
existing community-
based housing types
such as community care
facilities and group
homes.
• The Planning
Department will prepare
outreach programs to
inform Colma residents
and families of available
housing and services for
persons with
developmental
disabilities.
• The Planning
Department will reach
out to local service
providers of special
needs groups to assist in
• Provide equal opportunity
for segmented groups with
developmental disabilities to
be able to live
independently in an
affordable housing.
• Supports a variety of
housing types to help
address needs of persons
with developmental
disabilities.
• Identifies unmet needs to
overcome any constraints,
including lack of capacity
and available resources for
segmented groups.

H-109
the identification and
analysis of constraints to
the provision of housing
for persons with
disabilities.
• The Planning
Department will assess
and implement
development standards
that supports by-right
zoning for care facilities,
including residential care
facilities, that would
contribute to affordable
housing for segmented
groups.

Goal B: Assist
in making
affordable units
available
Goal F: Equal
Opportunity for
Housing
Program 4.5 Low-Barrier Navigation Centers
To comply with AB 101, the Town will amend the zoning
code to permit Low-Barrier Navigation Centers in the C Zone.

Low-Barrier Navigation Centers as defined by Government Code 65660(a) is housing or shelter in which a resident who is homeless or at risk of homelessness may live temporarily while waiting to move into permanent housing.

Amend the zoning
code prior to the
end of 2023.

The planning department
will update the zoning
code
• Identify areas where Low-
Barrier Navigations could
exist
• Support temporary housing
types to help address the
needs of those who are
homeless or at risk of
homelessness.

H-110
Policy 5: Assist citizens in locating and retaining affordable housing and promote equal housing opportunity and fair housing .

Goal B: Assist
in making
affordable units
available

Goal F:

Affirmatively
Furthering Fair
Housing
Program 5.1 Knowledgeable Housing Referral.

The Colma Planning Department currently retains a listing of major agencies and organizations active in housing related services in nearby cities and a listing of relevant regional, state, and federal offices providing project funding and individual assistance. Persons requesting information or assistance relative to fair housing discrimination complaints shall be referred to the County Community Services
Department and provided with State and Federal printed
information concerning Fair Housing Law and rights. Local fair housing policies are posted for public review at the Town Hall, Colma Community Center, and Creekside Villas - the Town’s Senior Housing Complex.

Ongoing
implementation of
existing program.

Annual updating of
lists of major
agencies and
organizations active
in housing related
services.

Planning Department will
continue to manage
existing programs and
resources for affordable
housing.

To ensure that referrals can
be made to provide equal
access to housing.

Goal E:

Preserve
assisted
housing
developments
at-risk of
conversion to
market- rate.

Goal F:

Affirmatively
Furthering Fair
Housing
Program 5.2 Human Investment Project (HIP)
Support.

The Town supports the Human Investment Project (HIP),
which provides affordable housing opportunities to residents of San Mateo County such as a Home Sharing Program for
the elderly and roommate referral. Information about HIP is periodically printed in the Town’s monthly newsletter.

Ongoing
implementation of
existing program.

Annual outreach to
HIP Housing.

Planning Department is
responsible for the
ongoing management of
the existing program.

City Council is responsible
for the approval of any
monetary support.

Support better utilization and
maintenance of existing
housing stock and provides
affordable housing.

H-111
Goal B: Assist
in making
affordable units
available

Goal F:

Affirmatively
Furthering Fair
Housing
Program 5.3 Section 8 Rental Assistance.

Through this program, the Town actively encourages very- low to low income households to apply to the San Mateo
Housing Authority for rent subsidies. Information on
application dates and contacts will be disbursed to the community by the Colma Planning Department, in addition to the Housing Authority’s local advertisement. The Town’s existing newsletter, mailed to all households, is also utilized to distribute information, as is the Town’s website.
• Ongoing
implementation of
existing program.
• Bi-annual
assessment of
program and
coordination with
landlords
• Planning Department is
responsible for the
ongoing management
of the existing program.
• Planning Department
conduct outreach
programs that focus on
promoting Section 8
Rental Assistance
• Planning Department
will contact and
coordinate with
landlords of affordable
multifamily complexes
bi-annually to provide
information and
assistance on the
program.
• Continues to encourage
qualified persons to
participate in Section 8
Rental Assistance.
• Ensures that information is
provided to qualified
applicants to provide equal
access to housing.

Goal B: Assist
in making
affordable units
available

Goal E:

Preserve
assisted
housing
developments.

Goal F:

Affirmatively
Furthering Fair
Housing
Program 5.4 Address needs of Extremely Low-Income
Households.

To address the housing needs of extremely low-income, very low-, low-, low- and moderate-income households, the Town will identify and meet with property owners and nonprofit builders annually who specialize in building housing for extremely low-income households including those with
special needs and veterans. This effort is designed to build a long-term partnership in development, assist potential
developers in gaining access to specialized funding sources, identify the range of local resources and assistance needed to facilitate the development of housing for extremely low- income households, and to promote a variety of housing
Ongoing. Meetings
with property
owners and non-
profit developers on
an annual basis.

Planning
Department Staff
participated in
several panel
discussions and
interacted with
developers and
housing advocates
as part of the 21
Elements process
• Planning Department will
lead the outreach and
information dispersal
efforts.
• Planning Department will
develop concessions for
developers who include
extremely low-income
units within affordable
housing developments.

Assists developers and
property owners in making
affordable units available,
which, in turn, provides equal
housing opportunities to
segmented groups

H-112
types, including higher density, multi-family, and shared housing.
to prepare this
Housing Element.

Goal B: Assist
in making
affordable units
available
Program 5.5 Demonstrate consistency with the
Employee Housing Act.

Amend the zoning code to allow for employee housing for six or fewer employees to be treated as and permitted in the same zones as single-family structures and employee housing consisting of no more than 12 units or 36 beds to be
permitted in the same manner as agricultural uses in the same zone.

Amend the zoning
code prior to the
end of 2023.

The planning
department will update
the zoning code.
• To ensure that the Town
is consistent with the
Employee Housing Act.

• Support various housing
types to help address the
needs of employees in
Colma
Goal B: Assist
in making
affordable units
available

Goal F:

Affirmatively
Furthering Fair
Housing
Program 5.6 Single Room Occupancy (SRO Housing)
Amend the zoning code to allow for single room occupancy housing in the Colma zoning code in R-S, and C zoning
districts. Add “single room occupancy housing” to the
definition section of the zoning code.

Amend the zoning
code prior to the
end of 2023.

The planning
department will update
the zoning code.

To ensure that reasonable
accommodation is made for
individuals to have equal
access to housing.

Policy 6: Recommend and promote energy conservation in existing and new housing.

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Goal G:

Sustainable
residential
development

Program 6.1 Green Building Regulations for
Residential Uses.

The Sustainability Manager recommend for adoption of reach code (starting January 1, 2023) that all new residential construction to be all-electric, requirements for enhanced vehicle charging infrastructure for new residential and non- residential construction.

Estimated
completion of the
study will be
towards the end of
Q4 2022, with
considerations and
approvals
presented to City
Council in Janauary
2023 and to go into
effect once adopted
by the City Council
• Sustainability Manager
to coordinate with
Planning Department to
amend Municipal Code
once adopted by City
Council.
• Building Department to
enforce reach code
requirements for new
construction projects.
• Reduce GHG Emissions from
both new residential and
non-residential buildings.
• Reduce the reliance on
natural gas.

Goal G:

Sustainable
residential
development

Program 6.2 Encourage use of cool roofing systems
and other energy conservation measures to reduce a
building’s energy usage.

Utilizing the Town’s website and residential newsletter, the Town will provide information to the public on programs to assist in the provision of energy efficiency measures during new construction or as a residential retrofit. This includes updates to the existing program and new rebate programs.

Proactive Outreach • Planning and Building
Departments to
proactively educate
applicants for applicable
projects.
• To create new and
sustainable residential
development.
• To retrofit existing
structures to increase
efficiency and reduce
energy use and cost.

Policy 7: Promote the conservation and improvement of the condition of existing housing stock and encourage remodeling and expansion efforts by homeowners.

H-114
Goal D:

Conserve and
improve the
condition of the
existing
housing stock.

Goal E:

Preserve
assisted
housing
developments
at-risk of
conversion to
market- rate.

Program 7.1 “Rebuilding Together Peninsula”
Participation.

The Town will continue affhin Rebuilding Together Peninsula as opportunities arise. Rebuilding Together Peninsula is a program organized by the Mid-Peninsula Housing Coalition.

Through this program, Colma citizens and employees
volunteer to rehabilitate a residence in the area, so their neighbors can live in warmth, safety and independence.

Ongoing
participation in
existing program.

All Town staff and
residents responsible for
participation.

To conserve and improve the
condition of the existing
housing stock.

Goal D:

Conserve and
improve the
condition of the
existing
housing stock.

Program 7.2 Neighborhood Improvement (Code
Enforcement).

Continue neighborhood improvement efforts through an
active code enforcement program and provide staff as
needed to improve residential areas.

Completed.

Ordinance adopted
September 12,
2012. Ongoing
code enforcement
program.
• Planning Department will
assess the conditions of
the existing housing
stock to determine
processes for which
cleanup and
maintenance
• Planning Department will
seek out funding sources
to assist with residential
maintenance
• Code Enforcement will
assist with the inventory
of residential units in
need of maintenance
and will coordinate with
the Planning Department
Conserves and improves the
conditions of the existing
housing stock.

H-115

to assess common
maintenance items.
• Planning Department,
with assistance from the
Building Official and City
Attorney’s office.

Goal D:

Conserve and
improve the
condition of the
existing
housing stock.

Program 7.3 Organize Community Clean Up Days.

Town will organize community clean up days, to promote
rehabilitation, renovation, and home care. Programs include waste hauling programs, Town-provided painting materials, other renovation supplies, and organize volunteers.

Ongoing – the
Town organizes
community clean-
up days on an
annual basis.

Planning and Recreation
departments responsible
for program.

City Council is responsible
for adopting program.

To conserve and improve the
condition of the existing
housing stock.

Policy 8: Promote public participation transparency in housing and land use plans Goal C:

Remove
governmental
constraints

Goal F:

Affirmatively
Furthering Fair
Housing
Program 8.1 Housing and Land Use Public
Participation
The Town will undertake public participation from all
segments of the community including residents, members of workforce, all economic segments, and special needs groups regarding housing and land use in town.

Starting in 2023
and on an annual
basis.

Planning Department will
focus its outreach to the
underrepresented,
providing materials in
various languages and in
digital and print media.

Projects related to housing
will be continually updated
on the Town’s website as
needed.
• Annual outreach to
underrepresented
community members which
result in upward trending
participation.
• Update housing related
projects on the Town’s
website as needed.

Goal C:

Remove
governmental
constraints

Goal F: AFFH
Program 8.2 Zoning and Fees Transparency
The Town will post all zoning and development standards as well as inclusionary requirements for each parcel on its website.

Starting in 2023.

Updating as
opportunity sites
are developed or
new sites are made
available.

Planning Department will
organize all opportunity
sites which will include
objective development
standards, inclusionary
standards for all income
levels, and fees.
• Update housing related
projects on the Town’s
website as needed.
• Meet inclusionary housing
units for all income levels
for the 6
th cycle.

H-116

QUANTIFIED OBJECTIVES
Table H-58 summarizes quantified objectives for the construction, rehabilitation and conservation of housing in the Town of Colma for this Housing Element. The RHNA allocation for the town includes 44 very low (this includes extremely low-incomes), 25 very low, 37 moderate, and 96 above moderate units for a total of 202 units. To account for extremely low-income units, the allocated 44 units for very low is divided in half, where 26 new units will be allocated to the extremely low-income levels and 27 new units to the very low-income levels. At the time of this draft of the Town has not identified any units that may be considered rehabilitation and/or conservation/preservation eligible. Under the Town of Colma Goals, Policies, Programs and Objectives table, Policy 7, the goals are to identify housing units that would be eligible for rehabilitation and/or conservation/preservation.

Table H-58: Quantified Objectives 2023-2031

Income Category

RHNA
New
Construction

Rehabilitation
Conservation/
Preservation

Total1
Extremely Low (Less than
30% of AMI)2

0 26

0 0

0 Very Low (30-50% of AMI) 44 27 0 0 0
Low (50-80% of AMI) 25 30 0 0 0
Moderate (80-120% of AMI) 37 44 0 0 0
Above Moderate (Greater
than 120% of AMI)

96 128

0 0

0 Total 202 255 0 0 255
Notes:
1Totals in each category are estimated based on site inventory, income category of existing units to be conserved and past performance in rehabilitation.
2The “extremely low income” category is not formally included in the RHNA. However, cities are charged with addressing the housing needs of this population in the Housing Element. The extremely low-income totals are based on an estimated average of 50 percent of all very low-income households, per HCD direction.

H-117
EVALUATION OF THE PRIOR 2015 HOUSING ELEMENT
State housing element law requires communities to assess their achievements under adopted housing programs as part of the update of an existing housing element. These results should be quantified where possible (e.g., rehabilitation results), but may be qualitative where necessary (e.g., mitigation of governmental constraints). Past accomplishments are compared with what was projected or planned as part of the earlier housing element. Where significant shortfalls exist between what was planned and what was achieved, the reasons for such differences must be discussed.

The 2015 Housing Element identified a number of programs designed to facilitate affordable housing and quantified the number of units to be achieved through the various programs. An evaluation of the housing programs included in the 2009 Housing Element ultimately informed the policies and programs of the 2015 Housing Element, as several successful programs were carried over to this Housing Element, some less successful programs were modified by either consolidation or through elimination.

EFFECTIVENESS OF PREVIOUS HOUSING ELEMENTS
The previous Housing Elements have been effective in maintaining, improving and increasing the supply of new housing.

The 2015 Housing Element called for 59 new units. Town records show that 75 new units were built under the 2015 Housing Element, exceeding the goal of 59 units. Therefore, the 2015 Housing Element was highly effective in meeting its RHNA allocation. This success was due to a successful identification of opportunity sites in the Housing Element and policies favorable to housing development.

Special needs populations include elderly, persons with disabilities, large families, female- headed single parent households, farmworkers, persons experiencing homelessness, and extremely low incomes. The Town made a diligent effort in addressing the needs of the housing needs of these groups through the programs and policies in the 2015 Housing Element. As a result of these programs, Veterans Village was built and completed. 31 very-low units and 34 low-income units were made available to Veterans who at one time formerly homeless, low- income, and have special needs.

Colma is in compliance with Assembly Bill 1233, which requires that necessary rezoning identified by the previous Housing Element be adopted within a specific time frame.

H-118
APPROPRIATENESS OF THE 2015 HOUSING ELEMENT POLICIES AND

PROGRAMS
After thorough review, staff identified policies and programs from the 2015 Housing Element that will be carried over into the 2023 Housing Element. Some programs have been modified to strengthen the program, some consolidated into one program, and others eliminated. The 2015 Housing Element contains a series of Implementation Programs. Table H-59 provides a program-by-program review considering progress to date in implementation of these program actions, and the continued appropriateness of identified programs. The results of this analysis form the basis for developing the comprehensive housing program strategy presented in the General Plan Housing Element.

H-119
HOUSING ELEMENT PROGRAM EVALUATION (2015-2023)
Table H-59: Town of Colma Previous Housing Element Accomplishments Program Program Objective Accomplishments Effectiveness and Appropriateness
Policy 1: Encourage construction of single family detached homes at all income levels in the Sterling Park residential neighb orhood.

Program 1.1 Manufactured Housing
Design Standards.

Timing: Ongoing
Responsibility: Planning Department
Allows for construction of
single-family residences at
lower costs, thereby
reducing the cost of
housing.

In May of 2013 City Council adopted
Ordinance No. 720, allowing
manufactured homes to be located in a
single-family residential zone, provided
they are on a permanent foundation,
devoid of wheels or axles, meets
specified design standards, and
established development standards
applicable to manufactured homes.

Since adoption of this ordinance in 2013,
no requests have been made to
construct a manufactured home.

This program is continued in the 2023
Housing Element. (see Program 1.1)

Modifications to the program include
annual outreach, developing objective
design standards for manufactured
housing in single-family housing zoning
designations, and encourage developers
to utilize lot split under SB 9.

Program 1.2 General Plan
Consistency Review and Annual
Report.

Continue to conduct an annual Housing
Element implementation review consistent
with Government Code Section 65400.

Timing: Ongoing
Responsibility: Planning Department
Increase awareness of
decision-makers of annual
progress toward meeting
Housing Element Goals.

Continue internal consistency review
annually and make reports available to
the public.

The Town’s General Plan was adopted in
March 2022 and the Planning
Department continues to annual report
housing progress to HCD.

This program is continued in the 2023
Housing Element. (See Program 1.2).

H-120
Program Program Objective Accomplishments Effectiveness and Appropriateness
Modifications to the program include
annual internal consistency review and
public reporting of the review on the
Town’s website.

Policy 2: Encourage construction of second dwelling units where appropriate.

Program 2.1 Second Unit Ordinance.

Pursuant to Colma’s Zoning Code, second
dwelling units are permitted in the “R”
Zone, in accordance with state law.

Second dwelling units are not permitted in
the Sterling Park neighborhood, in order to
comply with the maximum density of the
13 units/acre density and to manage
parking impacts.

Timing: Ongoing
Responsibility: Planning Department
To increase the number of
second dwelling units; and
to encourage the
development of second
units in areas of the town
where they are permitted
or conditionally permitted
(C and R zones).

Accessory Dwelling Unit (ADU)
Ordinance adopted in 2017. The
ordinance was amended in 2020 to
comply with new state housing laws.

No new second units were constructed
under the 2015 Housing Element.

This program is effective and will
continue in the 2023 Housing Element.
(see Program 2.1 and 2.2)

Modifications include updating Second
Unit Ordinance in 2023, creating
outreach materials which include
objective design standards for ADU and
second units. New ADU program
(program 2.2), which includes annual
outreach, workshops, and updating ADU
ordinance to reflect state law in 2023.

Policy 3: Provide incentives that encourage affordable high-density residential uses near major regional transportation facilities.

Program 3.1 Planned Development
Districts and Mixed Use.

Pursuant to the Colma Zoning Ordinance,
parcels zoned as “Planned Development
(PD)” permit a mix of uses, including
residential and commercial. Higher
density, multi-unit residential
developments are permitted in PD zones.

To optimize the use of
developable land to
maximize the General Plan
density of each
developable site; and to
allow for implementation
of Density Bonus
The Planned Development District
process is an effective tool in allowing
for design flexibility for maximizing unit
output. No new Residential Planned
Developments were constructed under
the 2015 Housing Element.

No new “PD” Districts were established
or Mixed Use developments were built in
the current cycle.

This program will continue in the 2023
Housing Element. (see Program 3.1)

H-121
Program Program Objective Accomplishments Effectiveness and Appropriateness
PD districts may be established in any R or
C zone upon application of a property
owner or owners, or upon the initiative of
the City Council.

Timing: Ongoing
Responsibility: Planning Department
provisions when
appropriate.

Modifications include objective design
standards and development standards
for “PD” Districts, establish
Administrative Approval Process to
streamline review of any high-density or
mixed-use projects.

Program 3.2 Density Bonus and
Inclusionary Housing Provisions
Timing: Ongoing
Responsibility: Planning Department
To increase the supply of
housing units through the
use of density bonus
provisions.

Evaluation to be completed within one
year of Housing Element adoption.

Colma is participating with other
jurisdictions in San Mateo County to
prepare a joint Nexus study to the
support existing ordinance.

No new housing units were built using
Density Bonus and Inclusionary Housing
Provisions.

This program is continued in the 2023
Housing Element. (see Program 3.2)

Modifications include annual review of
State’s Density Bonus Law and make
amendments to the Town’s Density
Bonus Ordinance for consistency.

H-122
Program Program Objective Accomplishments Effectiveness and Appropriateness
Program 3.3 High-Density Housing
Near Colma and South San Francisco
BART Stations.

Timing: Ongoing
Responsibility: Planning Department
To facilitate the
development of housing
units and affordable
housing units in proximity
to the BART station.

The Town continues to encourage
development near the BART Stations.

Due to the recession, no units were
built.

No new units were built under the 2015
Housing Element as a result of the
economy. This program is continued in
the 2023 Housing Element. (see program

3.3)

Modifications include removing parking
minimums for projects located within .5
mile of high quality transit, annual review
of state legislature, updating the Town’s
ordinance as needed, outreach to
property owners regarding new laws,
and updating the Zoning Code to reflect
changes.

Program 3.4 Planner Responsibility
to Promote Affordable Housing and
Mixed-Use.

Timing: Ongoing
Responsibility: Planning Department
To assist in the
development of affordable
units.

Ongoing implementation of existing
program.

This program and other programs led
to Veterans Village to be built during
the current housing cycle.

Routine meetings and inquiries with
property owners, citizens and developers
as they request information about
various properties.

This program and other programs led to
Veterans Village to be built during the
current housing cycle. While this
program was successful, it will be
discontinued in the 2023 Housing
Element. The planning department has
adopted this practice for every vacant
and non-vacant site in town.

H-123
Program Program Objective Accomplishments Effectiveness and Appropriateness
Program 3.5 Planned Development
Zoning Provisions for Larger Lot
Development.

Timing: Ongoing
Responsibility: Planning Department
The Town’s Planned Development
Ordinance provides for residential
development proposals that would not be
possible under the available conventional
zoning. Establishing a PD or ‘Planned
Development’ allows for site-specific
constraints to be taken into account when
setting the regulations for development,
such as design, setback, and parking
standards.

To optimize the use of
developable land to
maximize the General Plan
density of each
developable site; and to
allow for implementation
of Density Bonus
provisions when
appropriate.

None. The Town of Colma only has
smaller development sites which are
planned to be developed with higher
density housing. No opportunities for
Planned Development zoning have
been presented.

No new units were constructed under the
current housing cycle.

This program is discontinued in the 2023
Housing Element.

Program 3.6 Ensure No Net Loss of
Required Units.

Timing: Ongoing
Responsibility: Planning Department
To ensure that all units
identified in the Housing
Element will be built on
designated sites or
alternative sites.

Completed. In May of 2013 City
Council adopted Ordinance No. 720,
prohibiting the density of any multi-
family residential site identified in the
2009 Housing Element from being
reduced unless (1) the reduction is
consistent with the General Plan and
(2) the remaining sites are adequate to
meet the Town’s allocation of the
regional housing needs (RHNA).

No new units were built under the 2009
Housing Element as a result of the
economy, so this program scenario has
not presented itself.

This program has been discontinued in
the 2015 Housing Element.

H-124
Program Program Objective Accomplishments Effectiveness and Appropriateness
Program 3.7 Inclusionary Housing.

Timing: Ongoing
Responsibility: Planning Department
To create new affordable
housing units both for
rent and for sale.

Nexus Study and Housing Impact Fees
adopted 2016.

This program and other programs led
to Veterans Village to be built during
the current housing cycle.

This program is continued in the 2023
Housing Element. (see Program 3.4)

Modifications to this program include a
Inclusionary Housing Ordinance that
requires a development of 5 or more to
have 20% affordable units or pay an in-
lieu fee. The planning department will
also proactively reach out to property
owners and developers to utilize Housing
Fund.

Policy 4: Provide Housing accessible to persons with special needs, including seniors, persons with disabilities, and homeles s persons.

Program 4.1 Reasonable
Accommodations Ordinance
Enforcement.

Timing: Ongoing
Responsibility: Planning Department
To ensure that reasonable
accommodation is made
for individuals to have
equal access to housing.

No requests for reasonable
accommodation were made during the
2015 Housing Element period.

No requests for reasonable
accommodation have been made during
the reporting period. In January 2007,
the Town adopted an ordinance
amending the Colma municipal code
which outlines the reasonable
accommodation process.

This program is modified in the 2023
Housing Element. (see program 4.1)

Modifications include Planning
Department’s responsibility to amend,
implement, monitor, and provide
information about the municipal zoning

H-125
Program Program Objective Accomplishments Effectiveness and Appropriateness
code. This department will also confirm
that the Town’s codes, policies, and
procedures will comply with the
“reasonable accommodation” for
disabled provisions and all fair housing
laws. Joint efforts with the Town’s ADA
Coordinator to obtain guidance on
reasonable accommodations’ application
process.

Program 4.2 Senior Housing.

Timing: Ongoing
Responsibility: Planning Department
To maintain affordable
housing for seniors within
the community.

Completed and ongoing. Through this program the Town
maintains and manages Creekside Villas,
an 18-unit Senior Housing Complex on El
Camino Real. The current rental
structure is designed to provide
subsidized and affordable units to low-
income seniors.

This program is effective and will
continue in the 2023 Housing Element.
(see program 4.2)

Modifications include the Planning
Department identifying opportunities to
expand senior housing in mixed-use and
high-density multi-family housing
projects.

H-126
Program Program Objective Accomplishments Effectiveness and Appropriateness
Program 4.3 Emergency Shelters.

Timing: Ongoing
Responsibility: Planning Department
Allowance for an
emergency shelter.

Completed. In May of 2013 City
Council adopted Ordinance No. 720,
allowing emergency shelters on all
properties zoned for commercial use,
without a conditional use permit or
other discretionary permit, and
establishing development standards
including proximity to other shelters
(no closer than 300 feet), vehicle
parking for employees, bicycle parking,
shelter capacity, client waiting areas,
length of stay, screening of outdoor
uses, exterior lighting, laundry
facilities, and personal property
storage applicable to emergency
shelters (An emergency shelter is
housing with minimal supportive
services for homeless persons that is
limited to occupancy of six months or
less).

No requests for an emergency shelter
have been made during the 2015
Housing Element period.

This program is effective and will
continue in the 2023 Housing Element.
(see program 4.3)

Modifications include working with
LifeMoves, updating the Town’s website
for homeless related assistance, and
advising potential developers of
emergency shelter and zoning
provisions.

Program 4.4 Inform local developers
of opportunities to provide
transitional and supportive housing.

Timing: Ongoing
Responsibility: Planning Department
Allowance for transitional
and supportive housing.

Ongoing. Information provided at time
of counter interaction.

No dedicated transitional or supportive
housing was built in the current housing
cycle. Veterans Village does provide
housing to formerly homeless veterans
and provide supportive services to their
residents.

This program will not continue in the
2023 Housing Element. Program 4.3 (see

H-127
Program Program Objective Accomplishments Effectiveness and Appropriateness
Program 4.3) does cover some of the
elements in this program.

Program 4.5 Amend the Zoning Code
within one year of adoption of the
Colma Housing Element to clarify
that transitional and supportive
housing is considered a residential
use of the property, subject only to
those restrictions that apply to other
residential dwellings of the same
type in the same zone.

Timing: Ongoing
Responsibility: Planning Department
Allowance for transitional
and supportive housing in
residential zones.

Completed. In May of 2013 City
Council adopted Ordinance No. 720,
allowing transitional and supportive
housing on all properties zoned for
residential or commercial use
(Transitional housing is rental housing
for a set period of time of at least six
months and Supportive housing means
rental housing with no limit on length
of stay, which is linked to certain
support services), and establishing
development standards applicable to
both.

The Town has amended its zoning code
to clarify that the supportive housing is
considered a residential use of property.

As a result, this program is will not
continue in the 2023 Housing Element.

Program 4.6. Reach out to local
service providers of special needs
groups to assist in the identification
and analysis of constraints to the
provision of housing for persons with
disabilities.

Timing: Ongoing
Responsibility: Planning Department
To ensure that equal
access and opportunities
are provided to persons
with disabilities for
housing.

During the preparation process of the
2015 Housing Element, the 21
Elements team facilitated a series of
panel discussions to solicit input from
stakeholders throughout the county on
housing issues. Three meetings were
held, with focused stakeholder
participants, including housing
developers, housing advocates and
funding providers, and special needs
service providers.

This program is effective and continued
in the 2023 Housing Element. (see
program 4.4)

Modifications include identifying existing
community-based housing types,
outreach to residents who have special
needs and local providers can assist with
special needs. The Planning Department
will assess and implements development
standards that support by-right zoning
for care facilities and affordable housing
for segmented groups.

Policy 5: Assist citizens in locating and retaining affordable housing and promote equal housing opportunity and fair housing.

H-128
Program Program Objective Accomplishments Effectiveness and Appropriateness
Program 5.1 Knowledgeable Housing
Referral. Timing: Ongoing
Responsibility: Planning Department
To ensure that referrals
can be made to provide
equal access to housing.

Information and referrals made during
the reporting period to individuals
calling or coming into planning
department offices. The Colma
Planning Department currently retains
a listing of major agencies and
organizations active in housing related
services in nearby cities and a listing of
relevant regional, state, and federal
offices providing project funding and
individual assistance.

There were no reported violations of fair
housing in this cycle.

This program is effective and will
continue in the 2023 Housing Element.
(see Program 5.1)
Program 5.2 Human Investment
Project (HIP) Support.

Timing: Ongoing
Responsibility: Planning Department
Supports better utilization
of existing housing stock
and provides affordable
housing. It also supports
better maintenance of
existing housing stock.

The Town supports the Human
Investment Project (HIP), which
provides affordable housing
opportunities to residents of San Mateo
County such as a Home Sharing
Program for the elderly and roommate
referral. Information about HIP is
periodically printed in the Town’s
monthly newsletter.

HIP has attended town events on an
annual basis to promote this program.

This program is effective and will
continue in the 2023 Housing Element.
(see Program 5.2)
Program 5.3 Section 8 Rental
Assistance.

Timing: Ongoing
Responsibility: Planning Department
To ensure that
information is provided to
qualified applicants to
provide equal access to
housing.

Information is disbursed to the
community by the Colma Planning
Department. Through this program,
the Town actively encourages very-
low-income households to apply to the
San Mateo Housing Authority for rent
subsidies.

This program is effective and will
continue in the 2023 Housing Element.
(see Program 5.3)

Modifications includes outreach
programs, contacting landlords of
multifamily properties in town to educate
and inform of program.

H-129
Program Program Objective Accomplishments Effectiveness and Appropriateness
Program 5.4 Housing Recordkeeping.

Timing: Ongoing
Responsibility: Planning Department
To conserve and improve
the condition of the
existing housing stock.

Through this program a master list of
total housing units and the estimated
population is maintained by the City
Planner and updated annually using
building records.

This program will not continue in the
2023 Housing Element as this is a task
currently done by the Planning
Department.

Program 5.5 Address needs of
Extremely Low-Income Households.

Timing: Ongoing
Responsibility: Planning Department
To assist developers and
property owners in
making affordable units
available, which, in turn,
provides equal housing
opportunities.

San Mateo County and 21 Elements
organized a affordable housing
developer panel in December 2013
that was attended by Colma Staff.

As a result, 31 very-low and 34 low
housing units were built at Veterans
Village.

This program is effective and will
continue in the 2023 Housing Element.
(see Program 5.4)

Modifications includes annual meetings
with property owners, non-profit
developers, and outreach to stakeholders
who can assist in the development in
affordable units.

Policy 6: Recommended and promote energy conservation in existing and ne w housing.

Program 6.1 Greenbuilding
Regulations for Residential Uses.

Timing: Ongoing
Responsibility: Planning Department,
Sustainability Team, Building Department
To create new and
sustainable residential
development
To retrofit existing
structures to increase
efficiency and reduce
energy use and cost.

The Town has currently enforces the
2013 state building codes which
provide for a high level of efficiency. In
addition, the Town is working with
PG&E to support their “energy by
design” review of building permit plans
and rebate program. The Colma
Planning Department will continue to
evaluate the appropriateness and
effectiveness of adopting green
building and green landscaping
ordinances that have greater energy
efficiency standards, as part of a Town
effort to address global climate change
and energy conservation.

This program is effective and will
continue in the 2023 Housing Element.
(see Program 6.1)

Modifications include Sustainability
Manager to coordinate with Planning
Department to draft reach code for City
Council adoption in Q1 2023 and Building
Department to enforce reach code
requirements in new residential
construction.

H-130
Program Program Objective Accomplishments Effectiveness and Appropriateness
Program 6.2 Encourage use of cool
roofing systems and other energy
conservation measures to reduce a
building’s energy usage.

Timing: Ongoing
Responsibility: Planning Department,
Sustainability Team, Building Department
To create new and
sustainable residential
development
To retrofit existing
structures to increase
efficiency and reduce
energy use and cost.

The Town has provided information to
the public on programs to assist in the
provision of energy efficiency
measures during new construction or
as a residential retrofit.

This program is effective and will
continue in the 2023 Housing Element.
(see program 6.2)

Modifications include Planning and
Building Departments to proactively
educate applicants for applicable
projects.

Policy 7: Promote the conservation and improvement of the condition of existing housing stock and encourage remodeling and expansion efforts by homeowners.

Program 7.1 “Rebuilding Together
Peninsula” Participation.

Timing: Ongoing
Responsibility: Planning Department
To conserve and improve
the condition of the
existing housing stock.

No residences were improved in Colma
as part of this program during the
2015 Housing Element time period.

The Town will continue participation in
Rebuilding Together Peninsula as
opportunities arise.

This program is effective and will
continue in the 2023 Housing Element.
(see Program 7.1)

Modifications includes Town staff to be
included in the process.

Program 7.2 Minor Housing Repair
Grant Program.

Timing: Ongoing
Responsibility: Planning Department
To conserve and improve
the condition of the
existing housing stock.

The Minor Housing Repair Grant
Program remains part of the Town’s
Municipal Code. The funding program
provided grants for repair of minor
items such as unsafe walkways and
porches, installation of insulation and
dual-pane windows and energy-
efficient appliances. The grants could
also have been used for major repairs
such as new roofs or foundation work,
and for upgrades and retrofits
pertaining to disable access.

This will not continue in the 2023
Housing Element.

Many elements of this program is
covered in Program 7.1.

H-131
Program Program Objective Accomplishments Effectiveness and Appropriateness
Although the program is currently not
active, largely in part due to promotion
of Rebuilding Together programs, the
Town
will consider reactivation of the
program.

Program 7.3 Neighborhood
Improvement (Code Enforcement).

Timing: Ongoing
Responsibility: Planning Department
To conserve and improve
the condition of the
existing housing stock.

In September of 2012 City Council
adopted an ordinance amending
subchapter 2-01 of the Colma
Municipal Code, relating to property
maintenance and nuisance abatement,
to provide for issuance of
Administrative Citations and other
enforcement tools, and Section

1.05.020 of the Colma Municipal Code,
relating to penalties for infractions.

This program is effective and will
continue in the 2023 Housing Element.
(see Program 7.2)

Modifications include Planning
Department and Code Enforcement
collectively identifying properties who are
in violation and seek out funding sources
to help with maintenance costs.

Program 7.4 Low-interest loan
program for very-low-, low-, and
moderate-income homeowners.

Timing: Ongoing
Responsibility: Planning Department
To conserve and improve
the condition of the
existing housing stock.

To allow low-income
homeowners to remain in
their homes.

The Town will work to establish a low-
interest loan program for rehabilitation
of residential properties owned by
those with very-low, low, and
moderate income.

This program will be discontinued in the
2023 Housing Element.

Program 7.5 Underground Utilities in
the Mission Road Corridor.

Timing: Ongoing
Responsibility: Public Works Department
and Planning Department
To make Mission Road
more attractive for new
residential development.

Added to the 2013-2014 CIP. Will
remain on the CIP list The Town will
work with PG&E to fund the
undergrounding of utilities in the
Mission Road corridor.

This program will be discontinued in the
2023 Housing Element.

H-132
Program Program Objective Accomplishments Effectiveness and Appropriateness
Program 7.6 Nuisance Abatement
and Property Maintenance process to
Improve Individual Properties and
Neighborhood Pride.

Timing: Ongoing
Responsibility: Planning Department
To conserve and improve
the condition of the
existing housing stock.

The Town continues its active
pursuance of compliance by property
owners on laws related to property
maintenance permit conditions and
construction and zoning codes in order
to correct conditions of visual blight
and to protect property values.

This program will not continue in the
2023 Housing Element.

Programs 7.1,7.2, and 7.3 covers the
tasks involved in this program.

Program 7.7 Organize Community
Clean Up Days.

Timing: Ongoing
Responsibility: Planning Department
To conserve and improve
the condition of the
existing housing stock.

The Town hosts annual clean up days,
to promote rehabilitation, renovation
and home care. Program may include
waste hauling program. The Town
provides supplies and organizes
volunteers and clean-up projects.

This program is effective and will
continue in the 2023 Housing Element.
(see Program 7.3)

Modifications include outreach by
Planning Department and Recreation
Department.

H-133
PROGRESS IN ACHIEVING QUANTIFIED OBJECTIVES (2015-2023) Table H-60: Progress in Achieving Quantified Objectives (2015-2023) Program Category
Quantified
Objectives
New Construction
Extremely Low -
Very Low 31
Low 34
Moderate -
Above Moderate 10
Total 75
Rehabilitation
Very Low -
Low -
Moderate -
Above Moderate -
Total -
Conservation
Very Low -
Low -
Moderate -
Above Moderate -
Total -

Table H-60 provides the progress in achieving quantified objectives in the 2015 Housing Element cycle. The Town’s RHNA allocation was 59 units for the 2015 Housing Element cycle.

The Town successfully met that allocation and surpassed the amount by 16 units. The Town did not have rehabilitate or conserve any existing housing units in this cycle. Overall, the Town was successful in the 2015 Housing Element cycle by meeting its RHNA numbers and creating well- intended housing policies and programs.

ATTACHMENT E
Colma Fair
Housing
Assessment

ROO T PO LIC Y RESEARCH TOWN OF CO LMA JURISDICTIONAL SUMMARY, PAGE 1

Town of Colma Fair Housing Assessment
This document was drafted by Root Policy and edited by the Town of Colma What is AFFH?
The State of California’s 2018 Assembly Bill (AB 686) requires that all public agencies in the state affirmatively further fair housing (AFFH) beginning January 1, 2019. Public agencies receiving funding from the U.S. Department of Housing and Urban Development (HUD) are also required to demonstrate their commitment to AFFH. The federal obligation stems from the fair housing component of the federal Civil Rights Act mandating federal fund recipients to take “meaningful actions” to address segregation and related barriers to fair housing choice.

AB 686 requires all public agencies to “administer programs and activities relating to housing and community development in a manner that affirmatively furthers fair housing and take no action inconsistent with this obligation.”1
AB 686 also makes changes to Housing Element Law to incorporate requirements to AFFH as part of the housing element and general plan to include an analysis of fair housing outreach and capacity, integration and segregation, access to opportunity, disparate housing needs, and current fair housing practices.

Affirmatively Furthering Fair Housing
“Affirmatively furthering fair housing” means taking meaningful actions, in addition to combating discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics. Specifically, affirmatively furthering fair housing means taking meaningful actions that, taken together, address significant disparities in housing needs and in access to opportunity, replacing segregated living patterns with truly integrated and balanced living patterns, transforming racially and ethnically concentrated areas of poverty into areas of opportunity, and fostering and maintaining compliance with civil rights and fair housing laws.

The duty to affirmatively further fair housing extends to all of a public agency’s activities and programs relating to housing and community development. (Gov. Code, § 8899.50, subd. (a)(1).)”
Source: California Department of Housing and Community Development Guidance, 2021, page 14.

1 C al i forni a Department of Housi ng and C ommuni ty Dev el opment Gui dance, 2021, page 9.

ROO T PO LIC Y RESEARCH TOWN OF CO LMA JURISDICTIONAL SUMMARY, PAGE 2 History of segregation in the region. The United States’ oldest cities have a history of mandating segregated
living patterns—and Northern California cities are no
exception. ABAG, in its recent Fair Housing Equity
Assessment, attributes segregation in the Bay Area to
historically discriminatory practices— highlighting
redlining and discriminatory mortgage approvals—as
well as “structural inequities” in society and “self-
segregation” (i.e., preferences to living near similar
people).

Researcher Richard Rothstein’s 2017 book The Color
of Law: A Forgotten History of How Our Government
Segregated America chronicles how the public sector
contributed to today’s segregation. Rothstein highlights several significant developments in the Bay Area
region that played a prominent role in where the
region’s non-White residents settled.

Pre-civil rights San Mateo County faced resistance to
racial integration. Yet, it was reportedly less direct than in some Northern California communities, taking the form of “blockbusting” and “steering” or intervention by public officials. These local discriminatory practices were exacerbated by the actions of the Federal Housing Administration, which excluded low-income neighborhoods, where the majority of people of color lived, from its mortgage loan program.

According to the San Mateo County Historical Association. San Mateo County’s early African Americans worked in various industries, from logging to agriculture, to restaurants and entertainment. Expansion of jobs, particularly shipbuilding during and after World War II, attracted many new residents to the Peninsula, including the first sizable migration of African Americans. Enforcement of racial covenants after the war forced the migration of the County’s African Americans into neighborhoods where they were allowed to occupy housing—housing segregated into less desirable areas, next to highways, and concentrated in public housing and urban renewal developments.

The private sector contributed to segregation through activities that discouraged (blockbusting) or prohibited (restrictive covenants) integrated neighborhoods. In the City of San Mateo, builders of the Hillsdale neighborhood in the mid-1900s recorded deeds that specified that only “members of the Caucasian or White race shall be permitted” to occupy sold homes—the exception being “domestics in the employ[ment] on the premises.” 2 This developer developed
many race-restricted neighborhoods in the Bay Area, became president of the National

2 https: //www.ny ti mes.com/2020/08/14/opi ni on/sunday/bl m -re sid e n tia l-segregation.html This history of segregation in
the region is important not
only to understand how
residential settlement
patterns came about—but,
more importantly, to explain
differences in housing
opportunity among residents
today. In sum, not all
residents had the ability to
build housing wealth or
achieve economic
opportunity. This historically
unequal playing field in part
determines why residents
have different housing needs
today.

ROO T PO LIC Y RESEARCH TOWN OF CO LMA JURISDICTIONAL SUMMARY, PAGE 3 Association of Home Builders (NAHB), became national president of the Urban Land Institute (ULI), and was inducted into California’s Homebuilding Foundation Hall of Fame.

The segregation effect of blockbusting activities is well-documented in East Palo Alto. In 1954, after a White family in East Palo Alto sold their home to an African American family, the then- president of the California Real Estate Association set up an office in East Palo Alto to scare White families into selling their homes (“for fear of declining property values”) to agents and speculators. These agents then sold these homes at over-inflated prices to African American buyers, some of whom had trouble making their payments. Within six years, East Palo Alto— initially established with “whites only” neighborhoods—became 82% African American. The FHA prevented re-integration by refusing to insure mortgages held by White buyers residing in East Palo Alto.

Throughout the County, neighborhood associations, and city leaders, we’re hesitant to integrate communities. Although some neighborhood residents supported integration, most did not, and it was not unusual for neighborhood associations to require the acceptance of all new buyers.

Builders with intentions to develop for all types of buyers (regardless of race) found that planning councils rezoned their development sites, required substantial minimum lot sizes, were denied public infrastructure to support their developments, and/or charged prohibitively high amounts for infrastructure.

In addition to historical discriminatory practices that embedded segregation into living patterns throughout the Bay Area, it’s also necessary to recognize the historical impacts of colonization and genocide on Indigenous populations and how those atrocities are still being felt today. The original inhabitants of present-day San Mateo County are the Ramaytush Ohlone, who have “…lived on the San Francisco Peninsula for thousands of years and continue to live here as respectful stewards of the land.”
3 However, “[d]ue to the devastating policies and practices of a succession of explorers, missionaries, settlers, and various levels of government over the centuries since European expansion, the Ramaytush Ohlone lost the vast majority of their population as well as their land.”
4 The lasting influence of these policies and practices have contributed directly to the disparate housing and economic outcomes collectively experienced by Native populations today.
5 The timeline of major federal Acts and court decisions related to fair housing choice and zoning and land use appears on the following page.

The timeline shows that exclusive zoning practices were common in the early 1900s. Courts struck down only the most discriminatory and allowed those that would be considered today to have a “disparate impact” on classes protected by the Fair Housing Act. For example, the 1926

3 https: //www.smcoe.org/for -communi ti es/i ndi genous -peopl e -of-san -mateo -county. html 4 https: //www.smcoe.org/for -communi ti es/i ndi genous -peopl e -of-san -mateo -county.html 5 https://www.americanprogress.org/article/systemic -in e q u a lity-di spl acement -excl usi on-segregation/

ROO T PO LIC Y RESEARCH TOWN OF CO LMA JURISDICTIONAL SUMMARY, PAGE 4 case Village of Euclid v. Amber Realty Co. (272 U.S. 365) supported the segregation of residential, business, and industrial uses, justifying separation by characterizing apartment buildings as “mere parasite(s)” with the potential to “utterly destroy” the character and desirability of neighborhoods. At that time, multifamily apartments were the only housing options for people of color, including immigrants.

The Federal Fair Housing Act was not enacted until nearly 60 years after the first racial zoning ordinances appeared in U.S. cities. This coincided with a shift away from federal control over low-income housing toward locally-tailored approaches (block grants) and market-oriented choice (Section 8 subsidies)—the latter of which is only effective when adequate, affordable rental units are available.

Major Public and Legal Actions that Influence Fair Access to Housing

Maps and data referenced in this section. Throughout this section, there are references to maps created by HCD to support the AFFH and data tables produced by HCD, the Association of Bay Area Governments (ABAG), and the consultant team. Those maps and tables appear in an Appendix A and follow the organization of this section and the state guidance. The maps, in particular, help demonstrate how the Town of Colma compares with surrounding jurisdictions and the County overall in offering housing choices and access to opportunity.

Report content and organization. This Fair Housing Assessment follows the April 2021 State of California State Guidance for AFFH. The study was conducted as part of the 21 Elements process, which facilitates the completion of Housing Elements for all San Mateo County jurisdictions.

Primary Findings, Contributing Factors, and Fair Housing Action Plan identifies the primary factors contributing to fair housing challenges and plans to take meaningful actions to improve access to housing and economic opportunity.

Section I. Fair Housing Enforcement and Outreach Capacity reviews lawsuits/enforcement actions/complaints against the jurisdiction; compliance with state fair housing laws and regulations; and jurisdictional capacity to conduct fair housing outreach and education.

Section II. Integration and Segregation identifies areas of concentrated segregation, degrees of segregation, and the groups that experience the highest levels of segregation Section III. Access to Opportunity examines differences in access to education, transportation, economic development, and healthy environments.

Section IV. Disparate Housing Needs identifies which groups have disproportionate housing needs, including displacement risk.

Appendices.
 Map and Data packet—includes data tables and maps that support this section  Resident survey results—findings from a survey of San Mateo County residents on their experience finding and remaining in housing
 Disparate Access to Educational Opportunities—findings from a countywide analysis of protected class access to education and educational outcomes.  State Fair Housing Laws and Regulations—summary of key state laws and regulations related to mitigating housing discrimination and expanding housing choice.

ROO T PO LIC Y RESEARCH TOWN OF CO LMA JURISDICTIONAL SUMMARY, PAGE 7 Primary Findings
This section summarizes the primary findings from the Fair Housing Assessment for the Town of Colma, including the following sections: fair housing enforcement and outreach capacity, integration and segregation, access to opportunity, disparate housing needs, and contributing factors, and the Town’s fair housing action plan.

No fair housing complaints were filed in the Town of Colma from 2017 to 2021. While no complaints were filed during this period, the Town recognizes that a language barrier and general unawareness of fair housing resources may be a reason why there were unreported cases. Currently, on the Town’s website, resources are provided in English. However, there is a translation button that converts the contents into many languages. This option may be hard to navigate, therefore, to increase the accessibility of fair housing information, and provide resources for residents experiencing housing discrimination, the Town will include some information regarding Fair Housing resources in English, Chinese, Spanish, and Tagalog.

Racial and ethnic minority populations are disproportionately impacted by poverty, low household incomes, overcrowding, and homelessness compared to the non-Hispanic White population in the Town of Colma. Additionally, racial and ethnic minorities are more likely to be denied a home mortgage loan.
 Aside from Asian/API residents, racial and ethnic minority populations generally have higher poverty rates (Figure II-5). Black or African American incomes (Figure II-4) are the lowest of any racial or ethnic minority population in the Town of Colma.  Racial and ethnic minorities are more likely than non-Hispanic White households to experience overcrowding (Figure IV-17). Low and moderate-income households are also more likely to be overcrowded (Figure IV-18).
 People who identify as American Indian or Alaskan Native, Black, White, and Hispanic are overrepresented in the homeless population compared to their share of the general population (Figure IV-22).
 Hispanic and Asian/API households have the highest denial rates for mortgage loan applications in 2018 and 2019 (Figure IV-33).
 Colma is entirely contained within a single census tract—the standard geographic measure for “neighborhoods” in U.S. Census data products. As such, the Town does not contain any racial/ethnic concentrations, poverty concentrations, nor concentrations of housing problems.
 The composite opportunity score for Colma shows the Town to be a “moderate resource area,” and the Social Vulnerability Index (SVI) provided by the Centers for Disease Control and Prevention (CDC) ranks theTown as “moderately vulnerable” to a disaster

ROO T PO LIC Y RESEARCH TOWN OF CO LMA JURISDICTIONAL SUMMARY, PAGE 8 (based on four themes of socioeconomic status, household composition, race or ethnicity, and housing and transportation).
 The Town of Colma has a slight concentration of residents with a disability with 10% of the population compared to 8% in the County (Figure III-17). Residents living with a disability in the Town are all employed, while only 1% of residents without a disability are unemployed. Additionally, the aging population is putting a strain on paratransit access countywide.
 Black, Hispanic and Pacific Islander students in the Town of Colma—served by the Jefferson Union High School District and the Jefferson Elementary School District— experience poor educational outcomes compared to other students. Many high schoolers in the County met admission standards for a University of California (UC) or California State University (CSU) school. Black and Hispanic students in Jefferson Union High School District were less likely to meet the admission standards with rates of 23% and 32%, respectively.
 Jefferson Elementary school district had a 17 percentage point gap between their overall chronic absenteeism rate (12%) and their chronic absenteeism rate among Black students (28%). While Jefferson Union has the lowest dropout rates in the County — just 3% of students — the highest dropout rates were still found among Black (7%) and Hispanic students (6%).
 Nearly half of all renter households in the Town of Colma are cost-burdened— spending more than 30% of their gross income on housing costs—and more than one in four are extremely cost-burdened—spending more than 50% of their gross income on housing costs (Figure IV-9). There are disparities in housing cost burden in the Town of Colma for Hispanic households (Figure IV-11).

Fair Housing Issues and Contributing Factors
This section summarized the fair housing issues identified for the Town of Colma and the factors contributing to those issues.

Fair housing issue: No residents have filed fair housing complaints, indicating a potential lack of awareness about fair housing rights.

Contributing factors:
 Lack of access to information about fair housing rights.  Limited knowledge of fair housing by residents.

ROO T PO LIC Y RESEARCH TOWN OF CO LMA JURISDICTIONAL SUMMARY, PAGE 9 Fair housing issue: Residents of color experience disproportionate housing needs. Black residents experience lower income and higher poverty rates, Hispanic and Asian households experience high rates of mortgage loan denials when trying to purchase homes in Colma (43% and 33%, respectively), and Hispanic households also experience higher rates of cost burden.

Contributing factors:
 Higher poverty rates among Colma’s Black residents stem from decades of discrimination in employment, education, and housing markets. These residents have faced greater challenges in building wealth through economic mobility and homeownership.
 It is well documented that persons of color—particularly African American residents — were denied loans to purchase homes, were not allowed to buy in many neighborhoods because of restrictive covenants and were harassed if they managed to purchase a home in a predominantly White neighborhood. These historical actions have led to a significant homeownership gap among racial and ethnic minorities.

Fair housing issue: Affordable housing is limited and the ability to add affordable housing is constrained by land use.

Contributing factors:
 Colma offers relatively more affordable housing opportunities than surrounding cities.

However, because most land is zoned for cemeteries, there is limited land available for residential development. Additionally, there are no areas of the Town that are zoned for multifamily housing, which is disproportionately occupied by residents of color. The Town is addressing this issue through AFFH Action Area 3, where the strategy is to create more housing choices and fewer restrictions on land use.

The Fair Housing Action Plan (FHAP) is included in the Housing Element Draft section, Housing Goals Policies and Programs.

SECTION I. Fair Housing Enforcement and Outreach Capacity This section discusses fair housing legal cases and inquiries, fair housing protections and enforcement, and outreach capacity.

Fair housing legal cases and inquiries. California fair housing law extends beyond the protections in the Federal Fair Housing Act (FHA). In addition to the FHA protected classes— race, color, ancestry/national origin, religion, disability, sex, and familial status—California law offers protections for age, sexual orientation, gender identity or expression, genetic information, marital status, military or veteran status, and source of income (including federal housing assistance vouchers).

ROO T PO LIC Y RESEARCH TOWN OF CO LMA JURISDICTIONAL SUMMARY, PAGE 10 The California Department of Fair Employment in Housing (DFEH) was established in 1980 and is now the most prominent civil rights agency in the United States. According to its website, the DFEH’s mission is “to protect the people of California from unlawful discrimination in employment, housing and public accommodations (businesses) and from hate violence and human trafficking in accordance with the Fair Employment and Housing Act (FEHA), Unruh Civil Rights Act, Disabled Persons Act, and Ralph Civil Rights Act.” 6 DFEH receives, evaluates, and investigates fair housing complaints. DFEH plays a particularly significant role in investigating fair housing complaints against protected classes that are not included in federal legislation and therefore not investigated by HUD. DFEH’s website provides detailed instructions for filing a complaint, the complaint process, appealing a decision, and other frequently asked questions.
7 Fair housing complaints can also be submitted to HUD for investigation.

San Mateo County has several local enforcement organizations, including Project Sentinel, the Legal Aid Society of San Mateo County, and Community Legal Services of East Palo Alto.

These organizations receive funding from the County and participating jurisdictions to support fair housing enforcement and outreach and education in the County (Figure I-1).

From 2017 to 2021, 57 fair housing complaints in San Mateo County were filed with the U.S. Department of Housing and Urban Development (HUD) (Figure I-2) —no complaints were filed in the Town of Colma (Figure I-3). Most complaints submitted to HUD cited disability status as the bias (56%), followed by race (19%) and familial status (14%).

Countywide, no cause determination was found in 27 complaints, followed by successful conciliation or settlement with 22 complaints. Fair housing inquiries in 2020 were primarily submitted from the City of San Mateo, Redwood City, Daly City, and Menlo Park (Figure I-3, Figure I-4, and Figure I-5).

Fair housing complaints filed with HUD by San Mateo County residents have been on a declining trend since 2018 when 18 complaints were filed. In 2019, complaints dropped to 5, increased to 11 in 2020, and reached six by mid-2021. Colma has not been a party to fair housing complaints or legal action in the past eight years, nor has the Town been required to operate under a consent decree related to fair housing.

Nationally, the National Fair Housing Alliance (NFHA) reported a “negligible” decrease in the number of complaints filed between 2019 and 2020. The primary bases for complaints nationally were nearly identical to San Mateo County’s: disability (55%) and race (17%). Familial

6 https: //www.dfeh.ca.gov/aboutdfeh/
7 https: //www.dfeh.ca.gov/compl ai ntprocess/

ROO T PO LIC Y RESEARCH TOWN OF CO LMA JURISDICTIONAL SUMMARY, PAGE 11 status represented 8% of complaints nationally, whereas this basis comprised 14% of cases in the County.

NFHA identifies three significant trends in 2020 that are relevant for San Mateo County:
 First, fair lending cases referred to the Department of Justice from federal banking regulators have been declining, indicating that state and local government entities may want to play a more significant role in examining fair lending barriers to homeownership.  Second, NFHA identified a significant increase in the number of complaints of harassment— 1,071 complaints in 2020 compared to 761 in 2019.  Finally, NFHA found that 73% of all fair housing complaints in 2020 were processed by private fair housing organizations rather than state, local, and federal government agencies—reinforcing the need for local, active fair housing organizations and increased funding for such organizations.
8 8 https: //nati onal fai rhousi ng.org/2021/07/29/annual -fa ir-housi ng -report -shows -in cre a se-in-housi ng -harassment/

ROO T PO LIC Y RESEARCH TOWN OF CO LMA JURISDICTIONAL SUMMARY, PAGE 12 Outreach and capacity. The Town of Colma could significantly improve the accessibility of fair housing information on its website and offer additional resources for residents experiencing housing discrimination. The Town’s website provides information on Project Sentinel, a HUD- approved Housing Counseling Agency that provides counseling on housing discrimination, and a link to the San Mateo County Department of Housing that offers more information on the responsibilities of tenants and landlords. However, there is no dedicated fair housing webpage or specific information or resources for residents experiencing housing discrimination. While no Fai r Housi ng Compl ai nts and I nqui ri es
HUD Fair Housing Com plaints, by Basis, San M ateo County, 201 7-2021 Num ber Percent
Disabilit y 32 56%
Ra ce 11 19%
Fam ilial St at us 8 14%
Nat ional Origin 3 5%
Religion 2 4%
Se x 1 2%
T otal cases 57 100%
HCD Fair Housing I nquiries ( 201 3- 2021 ) and HUD Fair Housing Com plaints ( 201 7- 2021 ) 26 24
16 9
9 9
7 7
6 6
5 4
2 1
S an Mateo
Red wood Cit y
Da ly Cit y
Men lo Park
B el mont
Pa cifica
E ast Pal o A lto
Fo s t e r Ci t y
B urli ng ame
So u t h Sa n Fr a n cis co
S an B runo
S an C arlos
Woodside
Ha lf Moon Ba y
9 6
8 5
2 3
5 0
5 4
4 2
0 1
HUD Fa ir Hou sin g
Com pla in t s
HCD Fa ir Hou sin g
In qu iries

ROO T PO LIC Y RESEARCH TOWN OF CO LMA JURISDICTIONAL SUMMARY, PAGE 13 fair housing complaints have been filed in Colma over the last five years, a more robust section on fair housing resources could be provided on the website for residents experiencing discrimination in housing or the Fair Housing Act.9 For example, a link to the Regional Assessment of Fair Housing—approved by HUD in November 2017 — could be provided.

Compliance with state law. The Town of Colma is compliant with the following state laws that promote fair and affordable housing.

The Town has not been alleged or found in violation of the following:
 State Density Bonuses and Other Incentives Law (Gov. Code. Title 7. Division 1.

Chapter 4.3 Density Bonuses and Other Incentives, amended and effective January 1, 2021);
 Housing Accountability Act (Gov Code Section 65589.5) requiring the adoption of a Housing Element and compliance with RHNA allocations;
 No Net Loss Law (Gov Code Section 65863) requiring that adequate sites be maintained to accommodate unmet RHNA allocations, including among income levels;  Least Cost Zoning Law (Gov Code Section 65913.1);
 Excessive Subdivision Standards Law (Gov Code Section 65913.2);  Limits on Growth Controls Law (Gov Code Section 65589.5).

9 https: //www.col ma.ca.gov/l andl ordtenant -i nformati on/

ROO T PO LIC Y RESEARCH TOWN OF CO LMA JURISDICTIONAL SUMMARY, PAGE 14 Housing-specific policies enacted locally. The Town of Colma identified the following local policies that contribute to the it's regulatory environment for affordable housing development.

Local policies in place to encourage
housing development.
 In- Lieu Fees (Inclusionary Zoning)
 Inclusionary/Below Market Rate
Housing Policy
 Housing Development Impact Fee
 Commercial Development Impact
Fee
 Second Unit Ordinance
 Reduced Parking Requirements
 Streamlined Permitting
 Density Bonus Ordinance
 Homeowner Rehabilitation Program
 Home sharing programs

Local barriers to affordable housing
development.
 N o barriers identified.

Local policies that are NOT in place but
would provide the best outcomes in
addressing housing shortages.
 Policies that encourage multimodal
mixed-use development and focused
housing development at opportunity
sites

Local policies are in place to mitigate or
prevent the displacement of low-income
households.
 Affordable housing impact/linkage
fee on new residential and
commercial development
 Inclusionary zoning

According to the California Department of Housing and Community Development AFFH Data Viewer (HCD data viewer), the Town of Colma does not have any public housing buildings

ROO T PO LIC Y RESEARCH TOWN OF CO LMA JURISDICTIONAL SUMMARY, PAGE 15 (Figure I-6). However, the census tract that Colma is in has moderate housing voucher utilization (approximately 20%) while most other surrounding jurisdictions have less (5-15% or 5% or less) housing voucher utilization (Figure I-7).

Compared to nearby Daly City, Brisbane, and parts of South San Francisco, the Town of Colma appears accommodating to renters with housing vouchers because it has a greater share of voucher holders compared to the surrounding communities (Figure I-7). The presence of housing voucher users indicates greater availability in rental supply to house these residents and a lack of exclusionary behavior from landlords in the Town.

ROO T PO LIC Y RESEARCH TOWN OF CO LMA JURISDICTIONAL SUMMARY, PAGE 16 SECTION II. Integration and Segregation
This section discusses the integration and segregation of the population by protected classes, including race and ethnicity, disability status, familial status, and income status. The section concludes with an analysis of racially and ethnically concentrated areas of poverty and affluence.

Integration and Segregation
“Integration generally means a condition in which there is not a high concentration of persons of a particular race, color, religion, sex, familial status, national origin, or having a disability or a particular type of disability when compared to a broader geographic area.

Segregation generally means a condition in which there is a high concentration of persons of a particular race, color, religion, sex, familial status, national origin, or having a disability or a type of disability in a particular geographic area compared to a broader geographic area.” Source: California Department of Housing and Community Development Guidance, 2021, page

31. Race and ethnicity. Generally, the demographic characteristics of the Town of Colma are consistent with the overall characteristics of San Mateo County. However, Colma has a much more significant proportion of Hispanic residents (40% vs. 24% countywide) and a much smaller proportion of non-Hispanic White residents (24% vs. 39%) (Figure II-1). 10 Over the past decade, the proportion of Asian/Asian Pacific Islander residents decreased (from 34% to 28%), Black or African American residents remained the same (3% to 3%), non- Hispanic White residents increased (20% to 25%), Hispanic or Latin X residents remained the same (40% to 40%) and other race or multiple races remained the same (4% to 4%) (Figure II- 2). 11
Trends relating to race and ethnicity may be difficult to delineate solely by utilizing data alone because the Town consists of one census tract. Most of the Town’s existing residential units are concentrated in primarily three areas: Sterling Park neighborhood, Verano, and Veteran’s Village. Since 2018, after the opening of Veteran’s Village, the number of non-White residents may have increased slightly but maybe only marginal to the overall numbers as there are 65 units in this development. With supporting data from Census, ABAG, and general observation,

10 T here are no resi dents i n C ol ma that i denti fy as A meri can I ndi an or A l aska Nati ve. 11 T here are no resi dents i n C ol ma that i denti fy as A meri can I ndi an or A l aska Nati ve.

ROO T PO LIC Y RESEARCH TOWN OF CO LMA JURISDICTIONAL SUMMARY, PAGE 17 there is not an overwhelming majority ethnic group. The Town is fairly diverse, even in comparison to County figures.

There is less diversity among younger residents, with nearly 60% of residents between the ages of 0 and 17 identifying as White compared to only 48% of the population for residents aged 18-65 and 51% of the population over 65 years old (Figure II-3).

Overall, racial and ethnic minority populations and the non-Hispanic White population in Colma have relatively commensurate household incomes. However, Black or African American residents have the lowest household income of any racial or ethnic group (Figure II-4).

Black or African American residents also experience the most significant rate of poverty in Colma (65%), followed by other/multiple races (14%), Hispanic (13%), and White (7.6%) residents (Figure II-5). While the poverty rate among Black or African American residents living in Colma is alarmingly high, they make up 3% of the total population of the Town (figure II-2).

While this is a small percentage of the overall population, these figures may show that there is a concentration of Black or African American residents who are also living in poverty.

Geospatially, the Town of Colma’s lone census tract has a slim Hispanic majority (Figures II-6, II-7, II-8, II-9, and II-10). 12 13
Dissimilarity and isolation indices
Segregation in Town of Colma
ABAG and UC Merced completed an analysis of segregation in Colma. Several indices were used to assess segregation in the Town and determine how the Town differs from patterns of segregation and integration in the region overall.

The primary findings from that analysis included:
 The isolation index measures the segregation of a single group, and the dissimilarity index measures segregation between two different groups. The Theil’s H-Index can be used to measure segregation between all racial or income groups across town at once.  As of 2020, Latinx residents are the most segregated compared to other racial groups in Colma, as measured by the isolation index. Latinx residents live in neighborhoods where they are less likely to integrate with other racial groups.

12 Ma jo rit y census tracts show the predomi nant raci al or ethni c group by trac t compared to the next most popul ous. 13 R edl i ni ng maps, otherwi se known as Home Owners’ L oan C orporati on ( HOL C ) maps, are not avai l abl e for San Mateo C ounty.

ROO T PO LIC Y RESEARCH TOWN OF CO LMA JURISDICTIONAL SUMMARY, PAGE 18  Among all racial groups, the white population’s isolation index value has changed the most over time, becoming less segregated from other racial groups between 2000 and 2020.
 According to the dissimilarity index, within Colma the highest level of racial segregation is between Asian and white residents.
 According to Theil’s H-Index, neighborhood racial segregation in Colma increased between 2010 and 2020. Neighborhood income segregation stayed about the same between 2010 and 2015.
 Very Low-income residents are the most segregated compared to other income groups in Colma. Very Low-income residents live in neighborhoods where they are less likely to encounter residents of other income groups.
 Among all income groups, the very low-income population’s segregation measure has changed the most over time, becoming more segregated from other income groups between 2010 and 2015.
 According to the dissimilarity index, segregation between lower-income residents and residents who are not lower-income decreased between 2010 and 2015. In 2015, the income segregation in Colma between lower-income residents and other residents was lower than the average value for Bay Area jurisdictions.

Because of the size of Colma and the concentration of housing in certain areas in town, data showing segregation can be attributed to this. Also, Veterans Village is the only affordable housing development in Colma, which may also further explain the segregation data. Veterans Village is a 65-unit, deed-restricted, affordable housing development completed in 2019, which provides housing for a racially, and, ethnically diverse group of residents. Many of these residents were homeless, living with disabilities, and their ages range from the mid- ’30s to over 60 years old. We anticipate that adding 69 total units in the extremely low-, very low- and low- incomes, as shown in the site inventory, will provide housing for resident groups who are more racially and ethnically diverse than current Town residents due to their disproportionate needs.

As demonstrated in the site inventory, we are careful to disperse new housing throughout the Town as such, we do not anticipate the new housing to increase further segregation.

The analysis conducted for this report suggests that dissimilarity index values are unreliable for a population group if that group represents approximately less than 5% of the jurisdiction’s total population. ABAG/MTC recommends that when cities have population groups that are less than 5% of the jurisdiction’s population (see Table 15 in Appendix 2), jurisdiction staff could focus on the isolation index or Thiel’s H-Index to gain a more accurate understanding of neighborhood- level racial segregation in their jurisdiction.

ROO T PO LIC Y RESEARCH TOWN OF CO LMA JURISDICTIONAL SUMMARY, PAGE 19 Segregation Between Town of Colma and Other jurisdictions in the Bay Area Region  Colma has a lower share of white residents than other jurisdictions in the Bay Area as a whole, a higher share of Latinx residents, a lower share of Black residents, and a higher share of Asian/Pacific Islander residents.
 Regarding income groups, Colma has a higher share of very low-income residents than other jurisdictions in the Bay Area as a whole, a higher share of low-income residents, a lower share of moderate-income residents, and a lower share of above moderate- income residents.

The Dissimilarity Index, or DI, is a common tool that measures segregation in a community. The DI is an index that measures the degree to which two distinct groups are evenly distributed across a geographic area. The DI represents the percentage of a group’s population that would have to move for each area in the County to have the same percentage of that group as the County overall.

DI values range from 0 to 100— where 0 is perfect integration, and 100 is complete segregation.

Dissimilarity index values between 0 and 39 generally indicate low segregation, values between 40 and 54 generally indicate moderate segregation, and values between 55 and 100 generally indicate a high level of segregation.

The isolation index is interpreted as the probability that a randomly drawn minority resident shares an area with a member of the same minority. It ranges from 0 to 100, and higher values of isolation tend to indicate higher levels of segregation. The Theil’s H-Index can measure segregation between all racial or income groups across the Town at once.

ABAG and UC Merced completed an analysis of segregation in Colma. Several indices were used to assess segregation in the Town and determine how it differs from patterns of segregation and integration in the region overall.

The primary findings from that analysis included:
 As of 2020, Latinx residents are the most segregated compared to other racial groups in Colma, as measured by the isolation index. Latinx residents live in neighborhoods where they are less likely to come into contact with other racial groups.  Among all racial groups, the white population’s isolation index value has changed the most over time, becoming less segregated from other racial groups between 2000 and 2020.

ROO T PO LIC Y RESEARCH TOWN OF CO LMA JURISDICTIONAL SUMMARY, PAGE 20  According to the dissimilarity index, within Colma, the highest level of racial segregation is between Asian and white residents.14
 According to Theil’s H-Index, neighborhood racial segregation in Colma increased between 2010 and 2020. Neighborhood income segregation stayed about the same between 2010 and 2015.
 Very Low-income residents are the most segregated compared to other income groups in Colma. Very Low-income residents live in neighborhoods where they are less likely to encounter residents of other income groups.
 Among all income groups, the Very Low-income population’s segregation measure has changed the most over time, becoming more segregated from other income groups between 2010 and 2015.
 According to the dissimilarity index, segregation between lower-income residents and residents who are not lower-income decreased between 2010 and 2015. In 2015, the income segregation in Colma between lower-income residents and other residents was lower than the average value for Bay Area jurisdictions.

Disability status. The share of the population living with at least one disability is 10% in the Town of Colma compared to 8% in San Mateo County (Figure II-13 and Figure II-14).

Analysis at the census tract level does not determine whether there is a spatial concentration of residents with disabilities in the Town of Colma. Geographic concentrations of people living with a disability may indicate increased access to services, amenities, and transportation that support this population.

TABLE II-1. AGE AND TYPE OF DISABILITY 5-YEAR ESTIMATE
Numbers Percentage
Colma
(2020)
Colma
(2019)
Colma
(2018)
Colma
(2017)
Colma
(2016)
County
(2020)
Colma
(2020)
County
(2020)
Under 18 with
Disability
0 3 4 3 3
3,919

0.0% 2.5%
Age 18-64 with
Disability
39 59 72 56 72
23,680

4.1% 4.9%
Age 65 + with
Disability
94 62 51 34 28
34,818
45% 28.6%

14 T he anal ysi s conducted for thi s report suggests that di ssi mi l ari ty i ndex val ues are unrel i abl e for a popul ati on group i f that group represents approxi matel y l ess than 5% of the j uri sdi cti on’s total popul ati on. A B A G/MT C recommends that when ci ti es have popul ati on groups that are l ess than 5% of the j uri sdi cti on’ s popul ati on ( see T abl e 15 i n A ppendi x 2) , j uri sdi cti on staff coul d focus on the i sol ati on i ndex or T hi el ’ s H-I ndex to gai n a more accurate understandi ng of nei ghborhood- le ve l ra cia l se gre ga tio n in th e ir ju risd ictio n .

ROO T PO LIC Y RESEARCH TOWN OF CO LMA JURISDICTIONAL SUMMARY, PAGE 21 Any Age with
Any Disability
133 124 127 93 103
62,417

9.0% 8.2%
Any Age with
Hearing
Disability
19 19 42 34 27 19,065 1.3% 2.5%
With Vision
Disability
14 21 23 33 25 10,500 0.9% 1.4%
With Cognitive
Disability
65 48 36 25 40 22,911 4.8% 3.2%
With
Ambulatory
Disability
92 62 68 35 40 30,648 6.8% 4.3%
With Self Care
Disability
25 23 29 10 18 14,141 1.8% 2.0%
With
Independent
Living Disability
74 51 64 39 47 26,339 6.4% 4.4%

Source: US Census, 2020 American Community Survey 5-Year Estimates, Table S1810.

Note: Some people may have multiple disabilities

Over the last 5 years, from 2016 to 2020, the total number of people disabled living in Colma has increased slightly (Table II-1). The largest increase over the last five years is the number of residents who are 65 and older that have disabilities. This is not uncommon in aging populations where cognition, hearing, and vision in individuals decrease over time. Compared to County numbers, the Town’s numbers are relatively close based on the percentage. The one category that is much higher in Colma than in the County is the percentage of individuals 65 and older who have a disability (45% in Colma vs 28.6% in San Mateo County, Table II-1).

This percentage might be higher in the Town compared to the County could be because of several factors.

One factor is individuals that are 65 and older choosing to age in place in their existing residences. For those with fixed incomes, the housing cost burden in Town and countywide is relatively high. Individuals 65 and older may choose to stay in their current living situation because it may be more cost beneficial to stay in Colma compared to moving to another nearby jurisdiction.

Another factor are the residents of Veterans Village. In this 65-unit community, in order to qualify for a residence, an individual must be 60 years or older and a military Veteran. After several site visits and conversations with Veterans Village staff, many residents are living with disabilities. This housing development, along with the 13-unit Creekside Villas, and assisted living facility Peninsula Reflections would be considered concentrations of individuals 65 and older living with disabilities.

ROO T PO LIC Y RESEARCH TOWN OF CO LMA JURISDICTIONAL SUMMARY, PAGE 22 Familial Status. The Town of Colma is home to more single-person households than the County, with 26% of households compared to only 22% in the County (Figure II-16).

Additionally, there are significantly fewer married-couple families and families with children in the Town than in the County (44% vs. 55% countywide) (Figure II-17 and Figure II-18).

In 2019 compared to 2000, children ages 14 have trended lower, while ages 45 and older have trended higher. Residents between the ages of 15 and 44 have fluctuated over the last couple of decades. Comparatively to Census data (Table H-3), similar trends show that the median age of Colma residents has increased with a significant increase in ages 45 to 59.

Familial status can indicate specific housing needs and preferences. A larger number of nonfamily or single-person households indicates a higher share of seniors living alone, young adults living alone or with roommates, and unmarried partners. Higher shares of nonfamily households indicate an increased need for one- and two-bedroom units.

Most married couple households live in owner-occupied housing, while most residents living alone live in renter-occupied housing (Figure II-19). The number of housing units available by the number of bedrooms and tenure is generally consistent with the familial status of the households that live in the Town of Colma (Figure II-16 and Figure II-20). However, housing options for smaller households looking to own appear limited. Compared to the County, the Town of Colma has a smaller proportion of family households and a greater proportion of single-person households—which is reflected in the number of bedrooms and tenure of the housing stock in the Town (Figure II-19 and Figure II-20). The distribution of households by family type is mapped at the census tract level in Figures II-21, II-22, II-23, and II-24) While there is a smaller proportion of family households in Colma, the percentage of children in married couple households (Figure II-21) is around 60% to 80% which is comparable to the surrounding region. These numbers show that children who live in Colma are more likely to be in a dual parent household as opposed to single parent households (Figure II-22).

Housing options for these types of households would be two-bedroom units or larger.

The percentage of larger households (more than two residents) in Colma is lower than in the surrounding region, supporting the data that the Town has more single-person households which means a demand for one- and two-bedroom units (Figure II-16, II-23). For adults living alone in Colma, that percentage is less than 20%, which is consistently reflected across the surrounding region (Figure II-24). Reasons for the low percentages could be due to low inventory for studio and one-bedroom units, and an overall affordability issue for housing in general.

Familial households are most likely found in three areas of the Town, Verano, Villa Hoffman, and the largest concentration in the Sterling Park neighborhood. Verano and Villa Hoffman are planned developments consisting of mostly townhomes and a couple of single-family homes built in the last 20 years. Sterling Park is Colma’s largest neighborhood where most of the

ROO T PO LIC Y RESEARCH TOWN OF CO LMA JURISDICTIONAL SUMMARY, PAGE 23 Town’s residents live. This neighborhood consists mostly single-family homes built prior to the 1950s, with some duplexes and multi-family developments scattered around the neighborhood.

TABLE II-2. COLMA HOUSEHOLD 5-YEAR ESTIMATE

Household income. The household income distribution by percent of area median income (AMI) in the Town of Colma is similar to the County (Figure II-26). The areas east of Hillside Boulevard have a median income below the 2020 state median income of $87,100. A possible reason for a lower median income in comparison to the County is Franciscan Park, a 501 privately owned mobile home community that is located just beyond town limits. In this community, a requirement for household income levels at 140% of the area median income level or lower may be a reason for the concentration of incomes below the state level.

The areas to the west of Hillside Blvd. has a median income well above that (Figure II-26 and Figure II-27). In this block group, most of Colma’s households are located here. Using HCD’s State Median Income threshold, over the last five years, it is estimated that the number of households living above the state median income in Colma has been trending upwards (Table II-2). Also, it is estimated that the median income in the Town has also been trending upward over the last three years. This is further supported by the data showing poverty rates by census tracts where the census tract that Colma is in has a poverty rate below 10%. (Figure II-28)

Income 2020 2019 2018 2017 2016
Under $25,000 41 (9%) 67 (14%) 61 (13%) 61 (13%) 74 (15%) $25,000 to $34,999 15 (3%) 28 (6%) 34 (7%) 18 (4%) 48 (10%) $35,000 to $49,999 16 (3%) 19 (4%) 16 (3%) 30 (6%) 17 (3%) $50,000 to $74,999 56 (12%) 64 (14%) 63 (13%) 52 (11%) 64 (13%) $75,000 to $99,999 69 (14%) 77 (16%) 79 (17%) 78 (17%) 71 (15%) $100,000+ 288 (59%) 215 (46%) 224 (47%) 225 (49%) 213 (44%) Total (Estimated
Households) 485 470 477

464

487
Median Income $118,750 $95,357 $94,279 $97,500 $92,589 Source: US Census, 2020 American Community Survey 5-Year Estimates Note:

Adjusted for inflation to 2020 dollars

ROO T PO LIC Y RESEARCH TOWN OF CO LMA JURISDICTIONAL SUMMARY, PAGE 24 Racially or ethnically concentrated areas of poverty and affluence. Racially Concentrated Area of Poverty or an Ethnically Concentrated Area of Poverty (R/ECAP) and Racially Concentrated Areas of Affluence (RCAAs) represent opposing ends of the segregation spectrum from racially or ethnically segregated areas with high poverty rates to affluent, predominantly White neighborhoods. Historically, HUD has paid particular attention to R/ECAPs, focusing on policy and obligations to AFFH. Recent research out of the University of Minnesota Humphrey School of Public Affairs argues for the inclusion of RCAAs to acknowledge current and past policies that created and perpetuate these areas of high opportunity and exclusion.
15 15 Go e tz, E. G., Da m ia n o , A., & Willia m s, R. A. (2019). Ra cia lly Co n ce n tra te d Are a s o f Afflu e n ce : A Pre lim in a ry I nv esti gati on. C i tyscape: A J ournal of Pol i cy Dev el opment and R esearch, 21(1), 99–124 Segregati on and I ntegrati on
Population by Protected Class
Town of Colm a S an Mateo C ounty
R ace and E thnicity
A meri can I ndi an or A l aska Nati ve, NH 0% 0%
As ia n / AP I, N H 28% 30%
B l ack or A f ri can A meri can, NH 3% 2%
W hi te, Non- Hi spani c ( NH) 25% 39%
Other R ace or Mul ti pl e R aces, NH 4% 4%
Hi spani c or L ati nx 40% 24%
Disabilit y St at us
Wit h a d is a b ilit y 10% 8%
Wit h o u t a d is a b ilit y 90% 92%
Fam ilial St at us
Femal e- Headed Fami l y Househol ds 13% 10%
Mal e- headed F ami l y Househol ds 12% 5%
Marri ed- coupl e F ami l y Househol ds 44% 55%
Other Non- F ami l y Househol ds 6% 8%
S i ngl e- person Househol ds 26% 22%
Household Incom e
0%-30% of A MI 14% 13%
31%-50% of A MI 11% 11%
51%-80% of A MI 18% 16%
81%-100% of A MI 11% 10%
G reater than 100% of A MI 47% 49%
0%
28%
3%
25%
4%
40%
0%
30%
2%
39%
4%
24%
10%
90%
8%
92%
13%
12%
44%
6%
26%
10%
5%
55%
8%
22%
14%
11%
18%
11%
47%
13%
11%
16%
10%
49%

ROO T PO LIC Y RESEARCH TOWN OF CO LMA JURISDICTIONAL SUMMARY, PAGE 25 It is important to note that R/ECAPs and RCAAs are not areas of focus because of racial and ethnic concentrations alone. This study recognizes that racial and ethnic clusters can be a part of fair housing choices if they occur in a non-discriminatory market. Rather, R/ECAPs are meant to identify areas where residents may have historically faced discrimination and continue to be challenged by limited economic opportunity. Conversely, RCAAs is intended to identify areas of particular advantage and exclusion.

R/ECAPs
HCD and HUD’s definition of a Racially/Ethnically Concentrated Area of Poverty is:
 A census tract that has a non-White population of 50 percent or more (majority- minority) or, for non-urban areas, 20 percent, AND a poverty rate of 40 percent or more; OR
 A census tract with a non-white population of 50 percent or more (majority-minority) AND the poverty rate is three times the average tract poverty rate for the County, whichever is lower.

Source: California Department of Housing and Community Development Guidance, 2021.

For this study, the poverty threshold used to qualify a tract as a R/ECAP was three times the average census tract poverty rate countywide— or 19.1%. In addition to R/ECAPs that meet the HUD threshold, this study includes an edge or emerging R/ECAPs which hit two-thirds of the HUD-defined threshold for poverty— emerging R/ECAPs in San Mateo County have two times the average tract poverty rate for the County (12.8%).

In 2010 three Census tracts qualify as R/ECAPs (19.4% poverty rate) in the County, and 11 are eligible as edge R/ECAPs (13% poverty rate). None of the R/ECAPs were in the Town of Colma in 2010. However, there was one edge R/ECAP just west of the Town in Daly City (Figure II-29).

In 2019 two Census tracts qualify as R/ECAPs (19.1% poverty rate) in the County, and 14 are eligible as edge R/ECAPs (12.8% poverty rate). None of the R/ECAPs were in the Town of Colma in 2019. However, there was one R/ECAP northwest of the Town in Daly City and one edge R/ECAP southeast of the Town in South San Francisco (Figure II-30).

Looking at the surrounding R/ECAPs in Daly City over the past decade, it appears that the census tracts that were identified in 2010 were no longer considered R/ECAPs in 2019. While Daly City and South San Francisco are bordering jurisdictions to Colma, the identified R/ECAPs do not affect the Town. However, the Town will remain vigilant of RECAP/s trends in the surrounding jurisdictions.

ROO T PO LIC Y RESEARCH TOWN OF CO LMA JURISDICTIONAL SUMMARY, PAGE 26 RCAAs.

Although HCD and HUD have not established standard definitions for Racially or Ethnically Concentrated Areas of Affluence (RCAAs), they are generally understood to be neighborhoods in which there are both high concentrations of non-Hispanic White households and high household income rates. Comparing Colma to the surrounding county and region, it is safe to speculate that Colma has about the same RCAAs as other communities, the County, and the region.