Concord City Council
June 21, 2022

1 COUNCILMEMBERS
Dominic D. Aliano, Mayor
Laura M. Hoffmeister, Vice Mayor
Edi E. Birsan
Timothy A. McGallian
Carlyn S. Obringer
Civic Center
1950 Parkside Drive
Concord, CA 94519
www.cityofconcord.org
Special Meeting of the
Concord City Council
Tuesday,
June 21, 2022
6:00 p.m. - Open Session Council Chamber
1950 Parkside Drive
and Various
telephonic/electronic
locations
NOTICE: Members of the City Council, City staff/consultants, and the public will be able to participate either in-person or remotely via Zoom.

Pursuant to AB 361, the City is authorized to hold public meetings via teleconferencing and to make public meetings accessible telephonically or otherwise electronically to all members of the public. Tonight’s meeting will be conducted both in-person and remotely via Zoom.

How to Watch the Meeting:
Watch on TV on Comcast Channel 28, Wave Channel 29, and U-verse Channel 99 Watch the TV broadcast through the City’s website by following THIS LINK Watching Live Streaming of the meeting by following THIS LINK Join the Zoom webinar by following THIS LINK
For meeting interpretation from English to Spanish during the meeting, please join the meeting Zoom webinar by following THIS LINK
Para traducción de Ingles a Español durante esta junta, por favor entre a la junta de Zoom usando ESTE ENLACE
Under California law, public comments at special meetings are limited to subjects on the agenda only. Therefore, public comment will only be taken prior to consideration of Agenda Item No. 2.a.
2 How to Submit Public Comments:

Please note that emailed comments will not be read aloud by staff.

Written: All comments received before 3:00 pm the day of the meeting will be posted on the City’s website as “Correspondence” under the relevant agenda item and provided to the City Councilmembers prior to the meeting. Please email comments to [email protected].

To Participate in Public Comment During the Meeting:

Please note that emailed comments will not be read aloud by staff.

In-Person Comments: Blue Speaker Identification Cards are located near the Council Chamber entrance. Please complete a Speaker Card and give it to the City Clerk prior to the agenda item you wish to speak on and preferably prior to the Council meeting. When the Mayor opens a public comment period, the City Clerk will call speakers to provide comment in the order the Speaker Cards are received. Should you have any questions after consulting the Speaker Identification Card, please contact the City Clerk prior to the start of the Council meeting.

Live Remote Public Comments: Members of the public may submit a live remote public comment via Zoom video conferencing. Download the Zoom mobile app from the Apple Appstore or Google Play. If you are using a desktop computer, you can test your connection to Zoom by clicking here. Zoom also allows you to join the meeting by phone.
Join the meeting at any point, but be sure you are in the meeting prior to the City Council consideration of the item on which you would like to provide comments. From a PC, Mac, iPad, iPhone or Android:
https://cityofconcord.zoom.us/j/82367138823?pwd=bUtrVElXeDh6bk1IY0svT0JnUUh5QT09 oWebinar ID: 823 6713 8823
oPasscode: 773268
oBy phone: US: +1 669 900 6833 or +1 346 348 7799 or 1 253 215 8782 Speakers will be asked to provide their name and city of residence, although providing this is not required for participation.
Each speaker will be afforded up to 3 minutes to speak. Speakers will be muted until their opportunity to provide public comment. When called upon to speak, speakers will be promoted to panelists so they have the ability to turn on their cameras so they are visible to the Council and public.

When the Mayor opens a public comment period on the item on which you would like to comment, please use the “raise hand” feature (or press *9 if connecting via telephone) which will alert staff that you have a comment to provide.
3 OPEN SESSION

1. OPENING
Roll Call
Pledge of Allegiance – Councilmember McGallian

2. CITY COUNCIL CONSIDERATION ITEM
The public is entitled to address the City Council on items appearing on the agenda before or during the City Council’s consideration of that item. Each speaker will be limited to approximately three minutes. Please see “How to Submit Public Comments” above. a. Considering – the draft Housing Element Update (HEU) and public comment, and providing input to be incorporated into a revised draft HEU to be submitted to the California Department of Housing and Community Development. Report by Aaron Sage, Principal Planner. This item is continued from the June 14, 2022, City Council Meeting.

CEQA: Not a project/exempt pursuant to CEQA Guidelines Sections 15060(c), 15061(b)(3) and 15378, and/or Public Resources Code Section 21065.

3. CORRESPONDENCE
Correspondence received at the City Council meeting will be listed here on the Annotated Agenda.

4. ADJOURNMENT
Next Meeting: Regular Meeting
Date: 6/28/2022 6:30 PM

NOTICE TO THE PUBLIC
There is a 90-day limit for the filing of a challenge in the Superior Court to certain City administrative decisions and orders which require a hearing by law, the receipt of evidence, and the exercise of discretion. The 90-day limit begins on the date the decision is final (Code of Civil Procedure §1094.6). Further, if you challenge an action taken by the City Council in court, you may be limited by California law to raising only those issues you or someone else raised in the hearing or in a written correspondence delivered to the City Council prior to or at the hearing.

In accordance with the Americans with Disabilities Act and California Law, it is the policy of the City of Concord to offer its public programs, services and meetings in a manner that is readily accessible to everyone, including those with disabilities. If you are disabled and require a copy of a public hearing notice, or an agenda and/or agenda packet in an appropriate alternative format; or if you require other accommodation, please contact the ADA Coordinator Tianjun Cao at (925) 671-3243 or [email protected], at least 24 hours in advance of the meeting. Advance notification within this guideline will enable the City to make reasonable arrangements to ensure accessibility.

Staff Report
Date: June 21, 2022
To: City Council
From: Valerie J. Barone, City Manager
Reviewed by: Kevin Marstall, PE, Director of Community Development Mindy Gentry, Planning Manager
Prepared by: Aaron Sage, Principal Planner
[email protected]
(925) 671-3465
Subject: Considering the draft Housing Element Update (HEU) and public comment, and providing input to be incorporated into a revised draft HEU to be submitted to the California Department of Housing and Community Development. This item is
continued from the June 14, 2022 City Council Meeting.

CEQA: Not a project/exempt pursuant to CEQA Guidelines
Sections 15060(c), 15061(b)(3) and 15378, and/or Public Resources Code Section 21065.

Report in Brief
Pursuant to State law, every city and county in California must adopt a housing element as part of its general plan. The housing element contains policies and programs to address the housing needs of the entire population over an eight-year planning cycle, which for jurisdictions in the Bay Area covers the period 2023 to 2031 (also known as the “sixth cycle”). State law requires Bay Area jurisdictions to adopt their housing elements (or updates to their existing housing elements) and submit them to the State Department of Housing and Community Development (HCD) for certification by January 15, 20231.

Since July 2021, City of Concord (City) staff and consultants have been gathering data and community input on housing issues in Concord, meeting with the Housing and 1 State law also provides an automatic 120-day grace period for this submittal (i.e., until May 15, 2023)

2.a2.a2.a2.a2.a

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Economic Development (HED) Committee to obtain guidance on the project, and preparing the draft Housing Element Update (HEU) for public and City Council (Council) review. The project team has sought community input through a wide variety of methods, including listening sessions with Community Based Organizations (CBOs), in- person and virtual “town hall” meetings, “pop-up” events, HED meetings, and an online survey that gathered over 800 responses (see under “Community Engagement Process” in Background section for further discussion). This effort has culminated in the release of the public review draft of the HEU, which was released on May 26, 2022, and which staff is now presenting for the public and Council’s input. This document and instructions on how to provide comments are available at the following link:
www.concordhousingelement.org.

The public comment period will end on June 27, 2022, and the project team will incorporate Council’s input into a revised draft HEU that will be submitted to HCD in July or August, 2022. The project team will also consider and incorporate public comments into the revised draft HEU to the extent feasible and consistent with the Council’s direction. After submittal to HCD of the revised draft HEU, then HCD will have 90 days to review the document and provide comments to the City. In early 2023, staff will return to Council with a final draft incorporating necessary revisions to address HCD comments, along with the appropriate environmental review document as required by the California Environmental Quality Act (CEQA).

Recommended Action
Consider the draft Housing Element Update (HEU) (Attachment 1), receive public comment, and provide input to be incorporated into the revised draft HEU to be submitted to the California Department of Housing and Community Development.

Background
On January 6, 2015, the Council adopted the City’s current Housing Element, which the HCD certified on January 20, 2015. The current Housing Element covers the period of 2014 to 2022 and is available at the following link:
https://www.cityofconcord.org/DocumentCenter/View/1170/Housing-Element-Update--- Final-11-07-2014-PDF
On June 22, 2021, staff provided Council with an overview of the Housing Element Update (HEU), and Council accepted public comments and provided direction to staff on the HEU advisory process and community engagement strategy. Specifically, Council:
 Designated the Housing and Economic Development Council Committee (HED; Chair McGallian, member Aliano) as the lead advisory body for the HEU, with responsibility to review and comment on all public documents in the Housing

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Element process, provide a dedicated forum for public testimony, discuss key policy issues, and make recommendations to the Council prior to final adoption.  Directed staff to consult with a variety of community-based organizations (CBOs) and other stakeholder groups regarding community engagement strategies for the HEU, and to consider how to incorporate this input into the HEU’s Community Engagement Plan.

Analysis
Community Engagement Process
An extensive and inclusive community engagement process is essential to a successful HEU and is required by State law.2 A detailed Community Engagement Summary is provided in Appendix F of the draft HEU. The engagement process was developed to be a multipronged and layered approach to reach as many different segments of the community as possible. As a result, the HEU project team engaged with over 1,500 people and 25 community groups through 14 events (both virtual and in-person) and an online survey. The following section summarizes key steps in the HEU community engagement process, and major themes expressed by participants.  Initial Council and Stakeholder Input
On July 21 and 22, 2021, to implement Council’s direction, staff held eight one- hour “listening sessions” with representatives from 25 CBOs, business groups, and other key stakeholders to gather input on the HEU engagement process. On August 24, 2021, staff presented a Community Engagement Plan incorporating this input to Council, and Council approved the Plan along with the consultant task order for the HEU.
 “Town Hall” Meetings
On October 16 and 19, 2021, the project team held two “town hall” meetings to introduce the community to the HEU process and obtain initial, high-level input.

Approximately 17 community members participated in the in-person event on October 16, and the top priorities identified were senior housing, ensuring that new housing fits within the community’s physical character, and preventing people from losing their homes (displacement). Approximately 25 community members participated in the virtual event on October 19, and the top priorities identified were creating more affordable rental units and housing for unsheltered persons, persons with disabilities, and seniors, and preventing displacement.

On March 15 and 27, 2022, the project team held the second series of “town hall” events, which presented a preliminary inventory of potential housing sites, discussion of fair housing issues, and current City policies and programs that address displacement, and invited the public’s input on these topics. The March 15 event, which was held via Zoom, was attended by 58 persons, and 62 persons attended the March 27 event, which was held in person at Todos Santos 2 Govt. Code § 65589(c)(9).

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Plaza. At the March 15 event, several community members and advocates spoke on their desire for greater tenant protections including rent control, and to locate new affordable housing throughout the City, including upper-income areas. At the March 27 event, which was an informal open house format, staff spoke with community members from many backgrounds, including four unsheltered persons and several Spanish-speaking persons (a translator was provided).

Attendees included several members of First 5’s Central County Regional Group, an organization which advocates for lower-income Concordians.

The third and final series of “town hall” events are scheduled for June 4 (in- person) and June 8 (virtual), 2022, and will present the entire draft HEU with a focus on the proposed programs. Because there will not be adequate time to summarize these events prior to publication of the agenda packet for this meeting, staff will provide Council with an update at the meeting.  HED Meetings
In its role as the advisory committee for the HEU, the HED Committee has considered key components of the HEU and received public testimony on three occasions. On February 28, 2022, the HEU project team provided the HED Committee with an overview of the following topics:
(1) policies and programs from the current or fifth cycle Housing Element that are recommended to be continued into the sixth cycle Housing Element; (2) the City’s housing needs for the sixth cycle; and
(3) fair housing issues facing the City in accordance with new State laws regarding Affirmatively Furthering Fair Housing (AFFH).

Following the project team’s presentation, the HED Committee received public comment from several speakers. Major themes of public comment included the need to consider all available data on displacement issues and loss of affordable housing, including public testimony over the past several years, and the need for the fair housing analysis to be presented early in the HEU process. After public comment, HED Committee members requested that the project team consider all available data on displacement issues, bring forward potential anti-displacement policies as soon as possible, and address potential opportunities for increased home ownership.

On March 21, 2022, the project team provided the HED Committee with an overview of constraints on housing production and the preliminary inventory of sites available for housing development to satisfy the City’s Regional Housing Needs Allocation (RHNA). Following the presentation, the Committee received public comment from several speakers. Several speakers stated that the

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preliminary inventory resulted in too much concentration of lower-income3 housing sites in the western portion of the City (in and near Downtown and the Monument Corridor), and that these sites should be distributed throughout the City, including in more affluent areas to the south and east. One speaker requested several changes to the format of future town hall meetings to better facilitate public participation. After public comment, HED Committee members expressed similar concerns regarding concentration of lower-income sites, and requested that staff provide the presentation slides further in advance of the next meeting to allow more time for review.

On May 4, 2022, the project team informed the HED Committee that the sites inventory had been revised to reduce the concentration of lower-income sites in the western portion of the City. The project team also provided the Committee with an overview of proposed programs for the HEU, including a rezoning program that would allow for additional opportunities for lower-income sites outside of “low resource” areas4 of Concord. Additional discussion of the sites inventory and rezoning program is provided below. Staff also provided an overview of various Council actions around tenant protections since 2016, while noting that Council had chosen not to implement rent control or prohibit evictions without a pre-defined “just cause”. Almost all speakers stated that the proposed programs do not adequately address displacement issues for low-income renters, and should include rent control and prohibition of evictions without “just cause”. Several speakers stated that they appreciate the proposed rezoning program, but that the timeline for this program should be earlier than December 2026.

After public comment, Committee member Aliano stated that:
o He appreciates staff’s presentation and looks forward to discussion by Council at the study session on June 14;
3 In State housing element law, “lower-income” includes the “very-low income” and “low income” categories as defined by the Federal Department of Housing and Urban Development. This term applies to housing that is affordable to households earning 80 percent or less of the area median income (AMI). It does not include housing for “moderate income” households (earning 80-120 percent of AMI) or “above moderate income” households (market-rate housing with no income restrictions). 4 This term comes from the California Tax Credit Allocation Committee’s (TCAC) Opportunity Maps (
https://www.treasurer.ca.gov/ctcac/opportunity.asp), which score all Census tracts in California based on access to various opportunities that are linked to critical life outcomes, such as education, employment, economic development, safe and decent housing, low rates of violent crime, transportation, and recreation. “Low Resource” indicates the lowest-scoring tracts on the Opportunity Maps, while “Highest Resource” indicates the highest-scoring tracts. The northern, central and western portions of Concord are designated as “Low Resource”. Pursuant to AB 686, HCD requires that jurisdictions consider these resource designations in developing their Affirmatively Further Fair Housing analysis and programs.

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o He has concerns about transportation and parking issues on Monument Boulevard given that he believes public transportation is not a viable option for many residents in this area;
o He appreciates the inclusion of a rezoning program in the proposed programs; and
o His position on furthering tenant protections has not changed, and Council will need to provide direction on this issue on June 14.

After Committee member Aliano’s comments, Chair McGallian stated that:
o He also appreciates staff’s presentation;
o He agrees with Committee member Aliano’s comments about transportation and parking issues on Monument Boulevard; o He appreciates the potential for upzoning in the proposed rezoning program and he believes this is a significant step by the City given that upzoning is typically opposed by residents in most cities; and o He would like to receive further information on any pending legislation regarding investment companies purchasing housing units and/or short- term rental units.5
 Community Survey
To engage with a broader range of community members than would be possible with the above events, the project team also prepared an online survey of housing issues. The survey was open from December 15, 2021 through March 31, 2022. Gift cards were offered to encourage greater participation, and a total of 846 participants completed the survey. A detailed discussion of the survey results is available in Appendix F of the draft HEU. Below are some of the most noteworthy survey results:
o Concord residents selected affordability, proximity to family and friends, and proximity to work (in that order) as their top reasons for choosing to live in Concord.
o Concord residents who took the survey were 75 percent homeowners and 24 percent renters.
o About 30 percent of respondents said they have experienced, or are experiencing, homelessness.
5 After the HED meeting, staff provided the Committee with information on two pending State bills that would address this issue, AB 2170 and AB 1850. AB 2170 is aimed at “giving more Californians the chance to own a home by giving owner-occupants and public entities a “First Look” at purchasing bank- owned properties, and by prohibiting “bulk sales” of foreclosed homes.” AB 1850 (Ward) which prohibits a city, county, or joint powers authority from acquiring unrestricted, multifamily housing unless the development meets specified criteria, which includes affordability and rental restrictions.

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o Respondents ranked priorities for new housing in the following order:

1. Locate new housing throughout the City, not just in lower-income areas (selected by 51.4 percent of respondents).

2. Locate new housing near transit, amenities, jobs and services (selected by 49.5 percent of respondents).

3. Prioritize redevelopment of vacant or underutilized commercial properties (selected by 43.5 percent of respondents).

4. Preserve the character of existing lower-density neighborhoods (selected by 34.2 percent of respondents).
o Respondents indicated the following as their greatest concerns regarding displacement:

1. Long-term residents cannot afford to stay in the community.

2. Sudden rent increases.

3. Sudden lease termination.
 Pop-Up Events
The project team has also conducted the following “pop-up” events to provide further opportunities for community engagement:
o Music and Market, Todos Santos Plaza, September 30, 2021 o Farmer’s Market, Todos Santos Plaza, October 12, 2021 o The Veranda, December 11, 2021
o Concord and North Concord BART Stations, June 13 and 15, 2022, respectively
o Las Montañas Supermarket, June 16, 2022
HEU Background Documents
The proposed programs in the draft HEU are based on analysis contained in the following “background” documents, which are appendices to the HEU:
 Review of 5th Cycle Programs (Appendix A):

California Government Code Section 65588(a) requires each jurisdiction to regularly review its housing element and evaluate the following:
o the progress in implementation of the Housing Element; o the effectiveness of the Housing Element programs in progress toward achieving the housing goals and objectives; and
o the appropriateness of the housing goals, objectives, and policies, and in contributing to the attainment of the State housing goal.

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As required by State law, Appendix A provides a detailed review of all 78 programs of the City’s current Housing Element. This review concludes that approximately 80 percent of the current programs were effective (at least in part) and should be continued into the HEU, but with clear, quantifiable objectives as required by State law. The programs proposed for deletion were either ineffective or, more commonly, have already been incorporated into the City’s routine practices through code amendments and no longer require a dedicated program.

In some cases, programs proposed for deletion are being addressed by a new program that covers the same topic.
 Housing Needs Assessment (Appendix B):

California Government Code Section 65583(a)(1 and 2) requires each jurisdiction to prepare a Housing Needs Assessment with detailed information on demographic characteristics and trends that influence supply and demand for various housing types in Concord, including population, income, age, race/ethnicity, housing condition, employment, and groups with special needs (e.g., older adults, persons with disabilities, and persons experiencing homelessness). This information helps to inform the goals, objectives, policies, programs, and activities proposed in the HEU.

Below are key findings of the Needs Assessment6:
o By 2035, Concord is expected to grow by 34.1 percent, roughly twice the rate of Contra Costa County (17.8 percent). Development of the former Concord Naval Weapons Station will contribute a large portion of this growth.
o The age group with the highest growth rate was older adults (65 and older), at 42.1 percent (from 11.3 to 15 percent of the total population). o Concord became increasingly diverse in terms of race/ethnicity, with all groups except White increasing in size and percentage of the total population.
o Unemployment decreased by approximately 38 percent, while the number of residents not in the labor force increased by approximately 20 percent (most likely primarily driven by the growing number of retirees). o Black/African American persons and persons of two or more races experienced the highest levels of unemployment, at 12.2 and 9.9 percent, respectively. These rates were substantially higher than the overall unemployment rate of 3.4 percent.
6 Data are from 2010 to 2019, unless noted.

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o Average household size remained roughly the same, at 2.75 persons (versus 2.67 persons in 2010).
o The number of owner-occupied units decreased slightly (by 1.5 percent) while the number of rental units increased substantially (by 11.8 percent). o The overall housing vacancy rate decreased from 6.6 to 3.4 percent. Five percent is commonly considered a “healthy” vacancy rate. o Over three quarters (76.3 percent) of Concord’s housing stock was built before 1980.
o Numbers in all categories of annual household income decreased as a percentage of total population, except for those earning less than $5,000 and those earning $75,000 or greater. The number of households earning $150,000 or more saw the largest increase, 88.6 percent. This data generally indicates that the working-class population of Concord has been declining, while the extremely low-income and middle- and upper-class populations have been increasing.
o Growth rates in median household income compared with housing prices provide an indicator of whether housing is becoming more or less affordable. For owner-occupied units, median household income grew by

29.4 percent while median home sales price grew by 17.2 percent. For renter-occupied households this trend was reversed, with household income growing by 36.6 percent while median rents grew by 44.4 percent. o In 2017, approximately 38.9 percent of Concord households spent more than 30 percent of their income on housing and are therefore considered “cost burdened.” Approximately 17.4 percent of households spent more than 50 percent and are considered “severely cost burdened.” Hispanic/Latinx and Black/African American households have substantially higher rates of cost burden than the overall population, with 33.8 percent of Black households being severely cost burdened.
o The number of households qualifying as “overcrowded” (one to 1.5 occupants per room) increased by 41.3 percent (from 1,779, or 4 percent of total households, to 2,514, or 5.4 percent of total households), while the number qualifying as “severely overcrowded” (over 1.5 occupants per room) increased by 138.7 percent (from 509, or 1.1 percent of total households, to 1,215, or 2.6 percent of total households). o 160 unsheltered Concord residents were identified in the 2020 Point In Time (PIT) count. This represents about 31 percent of the unsheltered persons in Central Contra Costa County, and about 10 percent of the total unsheltered persons Countywide.

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o The total count of persons experiencing homelessness (both sheltered and unsheltered) was 252. This represents a 15.7-percent decrease from the 2015 count of 299 persons.
 Constraints and Zoning Analysis (Appendix C):

California Government Code Sections 65583(a)(5) and (6) require each jurisdiction to prepare an analysis of actual and potential governmental constraints for each of the following:
o Land use controls.
o Building codes and their enforcement.
o Site improvement requirements.
o Fees and other exactions.
o Local processing and permit procedures.
o Housing for persons with disabilities.
o Transitional housing and supportive housing as a residential use of property and subject only to those restrictions that apply to other residential dwellings of the same type in the same zone.

The Constraints and Zoning Analysis identifies the following as constraints on housing production that should be addressed in Concord’s HEU programs:
o Requiring Design and Site Review for manufactured housing on existing lots, transitional and supportive housing, Low-Barrier Navigation Centers, emergency shelters, group housing (single-room occupancy units or SROs), large residential care facilities.
o Low-Barrier Navigation Centers are not identified as a use in the City’s Development Code (State law required this use to be permitted by right).

Concord follows this State law but the zoning code does not reflect it at this time.
o Requiring a Minor Use Permit for large residential care facilities. o Requiring covered parking for multifamily residential uses. o Subjective design standards throughout the City’s Development Code7. o Lack of clarity regarding review procedures for Minor and Major Hillside Development Permit.
7 Under recent State law (SB 330), housing developments with two or more units cannot be denied based on subjective design standards. However, HCD is still requiring jurisdictions to amend their codes so that only objective standards are applied to housing developments. An effort to adopt objective design standards for Concord is already underway and has been included in Program 15 of the draft HEU.

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o Water and sewer connection fees (identified as a possible constraint).  Affirmatively Furthering Fair Housing Analysis (Appendix D):

As discussed in the Background section above, the requirement for AFFH Analysis was established by AB 686 in 2018. This bill requires “an assessment of fair housing practices, an analysis of the relationship between available sites and areas of high or low resources8, and concrete actions in the form of programs to affirmatively further fair housing.”
Key findings of the HEU’s AFFH Analysis are as follows:
o Disparities in access to housing opportunity can be seen for non-White households, which are more likely to be renters than Whites, due to renter households seeing higher rates of cost burden. This indicates that non- White households are disproportionately burdened by the cost of housing. o With the exception of areas to the southeast, overall “access to opportunity” as defined by the Tax Credit Allocation Committee (TCAC) is “low” to “moderate” in much of Concord.9 This further constrains affordable housing development in Concord, as access to opportunity is a key criterion in how TCAC awards tax credits, which are a primary funding source for affordable housing projects.
o Displacement is an increasing concern for City residents. Local knowledge identified through public outreach is that affordable housing is being converted to market-rate housing at a relatively high rate. Although data is not available, this may include units that have never been subject to a deed restriction and are therefore not monitored. Those at risk of displacement are more likely to be non-White households, particularly those residing in the southwest area where patterns of overcrowding and concentrated poverty exist.

As noted earlier, AB 686 requires “meaningful actions” to address the fair housing issues in the community. These actions are provided in the proposed Programs, which are discussed below.
 Sites Analysis (Appendix E):

California Government Code Section 65583(a)(3) requires jurisdictions to prepare an inventory of sites or parcels adequate to meet their Regional Housing Needs Allocation (RHNA). The City’s draft Sites Analysis provides this inventory in table and map format. While many Bay Area jurisdictions are substantially built out and must rezone properties to create adequate capacity to meet their RHNA, Concord has adequate capacity not only to meet its RHNA without rezoning, but 8 See footnote 4.
9 See footnote 4.

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also to provide a “buffer” of 712 units (about 24.7 percent) for the lower- and moderate-income RHNA. Table 4 below summarizes the City’s capacity.

The sites inventory is required to designate sites that can meet the State’s criteria for lower-income and moderate-income projects. As discussed in the “Sites Inventory Revisions” section below, the current draft of the sites inventory incorporates community and HED Committee input by reducing the concentration of lower-income sites in the western portion of the City (in and near the Downtown and Monument Corridor).

Table 4: Identified Housing Capacity
Category Lower-
Income
Moderate-
and Above
Moderate-
Income
Total
Vacant Site
Capacity
807 294 1,101
Underutilized
Capacity
1,317 1,514 2,831
ADU
Projection
0 304 304
Pipeline
Projects10
426 840 1,266
Concord
Reuse
Project
011 300 300
Total
Capacity
2,550 3,252 5,802
RHNA 2,036 2,883 5,073
Buffer 712 (24.7%)12
Sites Inventory Revisions
As noted above, the current draft of the sites inventory addresses community and HED Committee input regarding the concentration of lower-income sites in the western portion of the City (in and near the Downtown and Monument Corridor). Figures 1 and 2 show the previous and current maps for the entire City, and Figures 3 and 4 show previous and current maps for the Downtown and Monument Corridor areas. Lower- income sites are identified as green.
10 Pipeline projects includes projects that received Planning approval but are not anticipated to complete construction prior to June 30, 2022.
11 While a minimum of 25 percent affordable units is required for the Concord Reuse Project, no affordable units are assumed prior to 2031 to keep the HEU’s assumptions conservative. 12 Buffer units are not assigned to an income category. HCD’s recommendation for a 15-30% buffer does not apply for Above Moderate units since these are easier to produce.

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The previous sites inventory maximized the number of lower-income sites by identifying any sites that met the State’s criteria for lower-income housing as lower-income sites, even if they exceeded the City’s RHNA and the recommended 15-30 percent buffer.

The lower-income criteria include a minimum density of 30 units per acre, and sites meeting this threshold tend to be located in the central and western portions of Concord. Consequently, the approach of maximizing lower-income sites resulted in a larger concentration of lower-income sites in this area.

The current sites inventory reduces the concentration of lower-income sites in several ways:

Figure 1. Previous Housing Sites Map
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Figure 2. Current Housing Sites Map
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Figure 3. Previous Housing Sites Map (central area)
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June 21, 2022
Figure 4. Current Housing Sites Map (central area)
 Several large sites outside of the Downtown and Monument Corridor have been added, allowing lower-income sites in these areas to be removed. The additional sites include the North Concord BART parking lot (776 units), the Terminal Shopping Center at 2699 Clayton Road (256 units), and the vacant site formerly occupied by Lin’s Buffet at 1400 Willow Pass Road (111 units).  Several large sites in the Downtown have been added, allowing a greater number of smaller sites in the Downtown to be removed. The additional sites include the east parcel of the City-owned Oak Street site (180 units), and the “Hawaiian BBQ” site at 1680 Willow Pass Road (140 units). Because these sites were not identified in previous Housing Elements, they will not be subject to the State law that requires “by right” approval for projects with 20 percent affordable units on previously identified housing element sites.
 Buffer sites (those sites that exceed the City’s RHNA) have been given a generic “buffer” designation rather than an income category, since State law does not require income designations for buffer sites.

Overall, these changes have resulted in a greater mix of income levels throughout the City. However, there are still no lower-income sites in the more affluent southern and eastern parts of Concord. This is mainly because these areas have a newer housing N

City Council Agenda Report
Agenda Item No. 2.a
June 21, 2022
stock, have a high improvement to land value ratio, do not meet the minimum density required by State law for lower-income sites, and because they tend to have fewer vacant and underutilized properties. To increase geographic equity and opportunities for lower-income residents, the draft HEU includes a program whereby, by December 2026, the City will identify and rezone areas appropriate for medium and high residential densities, specifically in areas not identified as “low resource” or “lower resource” on the TCAC opportunity maps (see HEU Section 1.5, Program 8).  Community Engagement Summary (Appendix F):

This document provides detailed information on the City’s efforts to gather public input for the draft HEU. Also see the “Community Engagement Process” in above for further discussion.
 Community Input and Council Actions on and Displacement Since 2016 (Appendix G):

As discussed earlier, at the HED Committee meeting on February 28, 2022, community members provided input that previous testimony on displacement issues should be incorporated into the HEU process, and the HED Committee concurred with this request. To address the direction from the HED Committee, this appendix includes a detailed summary of public testimony received by the City Council since 2016, along with actions taken by the Council to increase tenant protections and reduce the risk of displacement.

Housing Goals
The Housing Element identifies the following five goals to address the City’s housing needs during the sixth cycle. These goals are essentially the same as the fifth cycle goals, but with revised language that expresses the desired “end state” for each goal.

Each goal also has a series of more detailed implementing policies; see the draft HEU for these policies.
 Goal 1: A balanced supply of housing types, densities, and prices to meet the needs of all income groups residing or who wish to reside in Concord.  Goal 2: Preserved and enhanced neighborhoods that improve quality of life for all residents.
 Goal 3: A City with housing opportunities for all special housing needs, including households with older adults, persons with disabilities, female-headed households, large families, and people experiencing homelessness.  Goal 4: A City with equal housing opportunity and access for all people regardless of race, religion, gender, marital status, age, ancestry, national origin, color, sexual orientation, familial status, source of income, or disability.  Goal 5: A sustainable City that protects the environment while lowering the cost of energy.

City Council Agenda Report
Agenda Item No. 2.a
June 21, 2022
Draft Programs
The HEU’s programs section is the key component of the document, as it is built from the other components of the HEU and identifies the concrete actions that the City will take over the next eight years to address its housing needs. The proposed programs are provided in Section 1.5 of the HEU. Each program addresses a different housing issue (e.g., ADUs, homelessness, etc.) and provides objectives, timeframes, responsible agencies, funding sources, relevant HEU policies, and AFFH information.

The draft sixth-cycle HEU has a different format that results in fewer programs than the fifth-cycle HEU (23 vs. 78), but each program contains multiple actions which are similar in scope to the fifth-cycle HEU programs.

The programs can generally be grouped into three main categories:
 Programs already being conducted by the City which are effective and should be continued.
 New programs required by the State, including Development Code amendments to bring the City’s code into conformance with State law; and  New programs not required by the State but proposed by the City to address its housing needs.

Because the complete list of HEU programs is very lengthy and includes many programs already being conducted by the City, the list below includes the most substantial and noteworthy new programs in the HEU:
 Adopt financial and regulatory incentives for affordable ADUs (required by State law).
 Allow projects with 20 percent affordable units by right on specified sites (required by State law).
 Initiate County-level discussion of community land trusts and a regional housing trust fund.
 Rezone properties to provide additional opportunities outside of lower resource areas.
 Expand the City’s inclusionary (below market-rate) requirements to include rental and condominium projects.
 Adopt objective design standards to streamline the development process (given that the City’s current subjective standards are no longer applicable under State law).
 Remove covered parking requirement for multifamily housing projects.  Allow religious institutions to remove parking in order to provide housing (required by State law).

City Council Agenda Report
Agenda Item No. 2.a
June 21, 2022
 Adopt a tenant anti-harassment protection ordinance.
 Appropriate $2.4 million dollars for development and implementation of a Strategic Plan on homelessness.
 Utilize $1.25 million dollars in grant funds to provide housing navigation, support services, and 6 to 12 months of rental subsidy to rapidly rehouse people experiencing homelessness for the next 5 years, or longer if funding is available.  Hire a Community Services Manager whose role will include a focus on homelessness issues by July 2022.

Financial Impact
The recommended action is to provide comments only. No formal action is being taken at this time, therefore there is no financial impact from the recommended action.

Adoption of the HEU in early 2023 will commit the City to certain housing programs which must be funded from available resources. Staff will provide a more detailed financial impact analysis at that time.

Environmental Determination
Pursuant to the California Environmental Quality Act of 1970, Public Resources Code §21000, et seq., as amended and the implementing CEQA Guidelines, Title 14, Chapter 3 of the California Code or Regulations (CEQA), the recommended action does not constitute a “project” within the meaning of Public Resources Code Section 21065 and CEQA Guidelines Sections 15060(c)(2) or 15378, because there is no potential that the action will result in a direct or reasonably foreseeable indirect or direct physical change in the environment. The appropriate environmental review document will be presented to Council for adoption prior to adoption of the final HEU in 2023.

Moreover, even if the recommended action did comprise a project for CEQA analysis, it would fall within the “common sense” exemption set forth in CEQA Guidelines Section 15061(b)(3), which excludes projects where “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” No unusual circumstances exist. Accordingly, no further environmental review is required. This determination reflects the City’s independent judgment and analysis.

Public Contact
The City Council Agenda was posted.

Attachment

1. Draft Housing Element Update (available at
www.concordhousingelement.org)

Attachment 1
Draft Housing Element Update

From: Laura Nakamura <[email protected]>
Sent: Tuesday, June 14, 2022 2:57 PM
To: City Clerk <[email protected]>; Sage, Aaron <[email protected]>; Hoffmeister, Laura <[email protected]>; Aliano, Dominic <[email protected]>; McGallian, Tim <[email protected]>; Obringer, Carlyn <[email protected]>; Birsan, Edi <[email protected]> Subject: June 14th, City Council Meeting Agenda item 4 a

Dear Concord City Council,

Concord’s Housing Element must ensure that all residents and families have a safe, affordable and healthy place to call home.

I urge the Council to pass a tenant Anti-Harassment Policy that will prevent further harassment and displacement of Concord families. These are our neighbors and they are members of our community.

The current draft plan does not go far enough in addressing what has been expressed by the Concord residents. But passing a strong anti-harassment policy will help to shape Concord’s Housing Element to one that reflects true input from the community.

Respectfully,

Laura Nakamura
Concord resident, District 5

Benched
Correspondence
Agenda Item No. 4.a
June 14, 2022

Housing Element Update
Council Input on Public Review Draft
Actualización del Elemento de Vivienda
Retroalimentación del Consejo sobre el Borrador de
Revisión Pública
June 14, 2022
Junio 14, 2022
Presented by the City of Concord, Dudek, and Kearns & West Presentado por la Ciudad de Concord, Dudek y Kearns & West

Land Acknowledgement
Reconocimiento de tierras
The primary inhabitants of the area
were the Chupcan tribe of the Bay
Miwok language group. Concord is also
home to members of other tribal
groups, including Ohlone and Bay
Miwok.

Los principales habitantes de la zona
eran la tribu Chupcan del grupo
lingüístico Bay Miwok. Concord también
es hogar de miembrxs de otras tribus,
incluyendo Ohlone y Bay Miwok.

City of Concord outline
Borde Ciudad de Concord
2

Tonight’s Agenda
Agenda de hoy
• Recommended Actions / A cciones Recomendadas
• Project Team / Equipod el Proyecto
• Project History / H istoria del Proyecto
• Community Engagement / A lcance al público
• Housing Element Components / L os Componentes del Elemento de Vivienda • Programs Implementation / I mplementación de Programas • How to Provide Input / C ómo Proporcionar Retroalimentación • Next Steps / P asos a Seguir
3

Recommended Actions
Acciones Recomendadas
• Consider the draft Housing Element Update (HEU).

Considerar el borrador de la Actualización del Elemento de Vivienda. • Consider public comment.

Considerar los comentarios públicos.
• Provide comments to be incorporated into a revised draft HEU to be submitted to the
California Department of Housing and Community Development.

Proporcionar comentarios para incorporarlos en un borrador revisado que se enviará al Departamento de Vivienda y Desarrollo Comunitario de California. 4

Project Team
Equipo del Proyecto
Aaron Sage
Principal Planner
Planificador Principal
Mindy Gentry
Planning Manager
Manager de Planificación
Jenna Tourjé Ivana Rosas
Asha Bleier Elizabeth Dickson
Community Engagement
Alcance al público
Community Engagement
Alcance al público
Consultant Project Manager
Manager del Proyecto -
Consultora
Planner
Planificadora
Ben Ulrey
Planning Technician
Técnico de Planificación
5

Where We’ve Been
Nuestro Camino Hasta Aquí
6

Where We’ve Been
Nuestro Camino Hasta Aquí
7 City Council
Consejo
Municipal
Community
La Comunidad
HED Committee
Comité HED
Summer
Verano
Fall
Otoño
Winter
Invierno
Spring
Primavera
2021 2022

Where We’ve Been
Nuestro Camino Hasta Aquí
8 City Council
Consejo
Municipal
Community
La Comunidad
HED Committee
Comité HED
Summer
Verano
Fall
Otoño
Winter
Invierno
Spring
Primavera
2021 2022
Overview
Resumen

Where We’ve Been
Nuestro Camino Hasta Aquí
9 City Council
Consejo
Municipal
Community
La Comunidad
HED Committee
Comité HED
Summer
Verano
Fall
Otoño
Winter
Invierno
Spring
Primavera
2021 2022
Overview
Resumen
Listening
Sessions
Sesiones de
Eschucha

Where We’ve Been
Nuestro Camino Hasta Aquí
10 City Council
Consejo
Municipal
Community
La Comunidad
HED Committee
Comité HED
Summer
Verano
Fall
Otoño
Winter
Invierno
Spring
Primavera
2021 2022
Overview
Resumen
Contract &
Engagement
Plan
Contrato & Plan
de Alcance al
Público
Listening
Sessions
Sesiones de
Eschucha

Where We’ve Been
Nuestro Camino Hasta Aquí
11 City Council
Consejo
Municipal
Community
La Comunidad
HED Committee
Comité HED
Summer
Verano
Fall
Otoño
Winter
Invierno
Spring
Primavera
2021 2022
Overview
Resumen
Contract &
Engagement
Plan
Contrato & Plan
de Alcance al
Público
Listening
Sessions
Sesiones de
Eschucha
Town Hall #1
Junta
Comunitaria
#1

Where We’ve Been
Nuestro Camino Hasta Aquí
12 City Council
Consejo
Municipal
Community
La Comunidad
HED Committee
Comité HED
Summer
Verano
Fall
Otoño
Winter
Invierno
Spring
Primavera
2021 2022
Overview
Resumen
Contract &
Engagement
Plan
Contrato & Plan
de Alcance al
Público
Listening
Sessions
Sesiones de
Eschucha
Town Hall #1
Junta
Comunitaria
#1
Housing
Needs
Necesidades
de Vivienda

Where We’ve Been
Nuestro Camino Hasta Aquí
13 City Council
Consejo
Municipal
Community
La Comunidad
HED Committee
Comité HED
Summer
Verano
Fall
Otoño
Winter
Invierno
Spring
Primavera
2021 2022
Overview
Resumen
Contract &
Engagement
Plan
Contrato & Plan
de Alcance al
Público
Listening
Sessions
Sesiones de
Eschucha
Town Hall #1
Junta
Comunitaria
#1
Town Hall #2
Junta
Comunitaria
#2
Housing
Needs
Necesidades
de Vivienda

Where We’ve Been
Nuestro Camino Hasta Aquí
14 City Council
Consejo
Municipal
Community
La Comunidad
HED Committee
Comité HED
Summer
Verano
Fall
Otoño
Winter
Invierno
Spring
Primavera
2021 2022
Overview
Resumen
Contract &
Engagement
Plan
Contrato & Plan
de Alcance al
Público
Listening
Sessions
Sesiones de
Eschucha
Town Hall #1
Junta
Comunitaria
#1
Town Hall #2
Junta
Comunitaria
#2
Housing
Needs
Necesidades
de Vivienda
Constraints
& Sites
Restricciones
& Sitios

Where We’ve Been
Nuestro Camino Hasta Aquí
15 City Council
Consejo
Municipal
Community
La Comunidad
HED Committee
Comité HED
Summer
Verano
Fall
Otoño
Winter
Invierno
Spring
Primavera
2021 2022
Overview
Resumen
Contract &
Engagement
Plan
Contrato & Plan
de Alcance al
Público
Listening
Sessions
Sesiones de
Eschucha
Town Hall #1
Junta
Comunitaria
#1
Town Hall #2
Junta
Comunitaria
#2
Housing
Needs
Necesidades
de Vivienda
Constraints
& Sites
Restricciones
& Sitios
Programs
ProgramasPage 36 of 115
Where We’ve Been
Nuestro Camino Hasta Aquí
16 City Council
Consejo
Municipal
Community
La Comunidad
HED Committee
Comité HED
Summer
Verano
Fall
Otoño
Winter
Invierno
Spring
Primavera
2021 2022
Overview
Resumen
Contract &
Engagement
Plan
Contrato & Plan
de Alcance al
Público
Listening
Sessions
Sesiones de
Eschucha
Town Hall #1
Junta
Comunitaria
#1
Town Hall #2
Junta
Comunitaria
#2
Town Hall #3
Junta
Comunitaria
#3
Housing
Needs
Necesidades
de Vivienda
Constraints
& Sites
Restricciones
& Sitios
Programs
ProgramasPage 37 of 115
Where We’ve Been
Nuestro Camino Hasta Aquí
17 City Council
Consejo
Municipal
Community
La Comunidad
HED Committee
Comité HED
Summer
Verano
Fall
Otoño
Winter
Invierno
Spring
Primavera
2021 2022
Overview
Resumen
Contract &
Engagement
Plan
Contrato & Plan
de Alcance al
Público
Listening
Sessions
Sesiones de
Eschucha
Town Hall #1
Junta
Comunitaria
#1
Town Hall #2
Junta
Comunitaria
#2
Town Hall #3
Junta
Comunitaria
#3
Housing
Needs
Necesidades
de Vivienda
Constraints
& Sites
Restricciones
& Sitios
Programs
Programas
Draft HEU
Borrador del
HEU

Community Engagement
Alcance al Público
18

400
Town Hall
Participants
868
Survey
Participants
25 Community
Organizations
2 Virtual &
2 In-Person
Town Halls
Engagement by the Numbers
Alcance Según los Números
The City has had nearly
1,500 contacts and worked
with over 25 organizations
in English and Spanish.

La Ciudad ha tenido casi 1.500
contactos y ha trabajado con más
de 25 organizaciones en inglés y
español.
19

Community Survey: Priorities
Encuesta Comunitaria: Prioridades
• Support more housing near transit, amenities, jobs and services, in a
ccessory dwelling units, and in single-family neighborhoods. Apoyar más vivienda cerca de tránsito, recursos y trabajos, en unidades de vivienda accesorias y en vecindarios unifamiliares.
• Prioritize redevelopment of vacant or underutilized commercial p
roperties. Priorizar el desarrollo de propiedades comerciales vacantes o infrautilizadas.
• Build affordable housing at the former Naval Weapons Station.

Co
nstruir vivienda asequible en la anciana Estación Naval de Armas. 20

Community Survey: Challenges
Encuesta Comunitaria: Desafíos
• Rentals A lquileres : Low supply of housing, including cost-restricted affordable units. Hay baja cantidad de viviendas, incluyendo unidades asequibles que tienen costos restringidos.
• Homeownership Se r proprietarix: Overall costs, down payment and housing prices. Costos en general, la hipoteca y los precios de las viviendas.
• Homeownership Se r proprietarix: Wealthy investors outbidding individual buyers. Invesores ricos superan a compradores individuales. 21

Town Halls
Junta Comunitarias
22

Town Halls
Junta Comunitarias
Children’s Activity
Actividad para Niñxs
Priorities
Prioridades
23 Discussions
Conversaciones

Town Hall #1 – Major Themes
Junta Virtual #1 – Temas Resaltantes
Priorities
Prioridades
• Affordable rental units
U
nidades de alquiler
• Housing for unsheltered
per
sons, persons with
disabilities, and seniors
Vivienda para personas con
discapacidad, sin hogar y
mayores de edad
• Keeping people in their
ho
mes
Mantener la gente en sus
hogares
Barriers
Obstaculos
• High development costs
Al
tos costos del desarrollo
• Shortage of adequate sites for
de
velopment
Escacez de sitios adecuados
para el desarrollo
• Permitting process
E
l proceso de permisos
Strategies
Estrategias
• Growth in Downtown and
al
ong commercial
corridors
El desarrollo en el centro
de la ciudad y a lo largo
de sitios comerciales
• Mixed use development
E
l desarrollo de uso mixto
24

Renter Assistance
Asistencia para
Inquilinos
• Stronger tenant protections,
i
ncluding rent control and just
cause for evictions
Protecciones más fuertes para
inquilinos, incluido el control
de alquileres y la causa justa
para los desalojos
• Community-involved
so
lutions for homelessness
Soluciones comunitarias para
la falta de vivienda
Homeownership
Ser Proprietarix
• Increased voucher
p
rograms and rent control
Aumentar los programas
de subsidio y control de
alquileres
• Ensure developers build
a
ffordable units
Asegurar de que los
desarrolladores
construyan unidades
asequibles
Town Hall #2 – Major Themes
Junta Virtual #2 – Temas Resaltantes
25 Preservation &
Rehabilitation
Preservación y
rehabilitación
• Rehabilitation causing
unaffordability of units
La rehabilitación que causa
inasequibilidad de unidades
• Affordable rent programs,
community land
trusts and tenant/community
opportunities to purchase
Programas de alquiler,
fideicomisos de tierras
comunitarias y arrendatario
para la compra

Quality of Life & Satisfaction Survey
Encuesta Acerca de la Calidad de Vida y Nivel de Satisfacción Top 3 Most Serious Issues Facing Concord
Los 3 Problemas Más Graves que Enfrenta Concord

1. Homelessness (51.9%)
F
alta de Vivienda

2. Crime/Public Safety (26.3%)
De
lincuencia/Seguridad Pública

3. Housing/Affordability (16.5%)
Viv
ienda/Asequibilidad
26

Quality of Life & Satisfaction Survey
Encuesta Acerca de la Calidad de Vida y Nivel de Satisfacción Most Important City Services
Los Servicios Más Importantes de la Ciudad
• #4 – S ervices for the homeless
Servicios para personas sin hogar
• #16 – As
sistance for tenants at-risk of losing housing
Asistencia a inquilinxs en riesgo de perder la vivienda 27

Quality of Life & Satisfaction Survey
Encuesta Acerca de la Calidad de Vida y Nivel de Satisfacción Most Effective Housing Strategies
Estrategias de Vivienda más Efectivas

1. Develop vacant / underutilized sites
De
sarollar los sitios vacíos o infrautilizados

2. Develop housing at Naval Weapons Station
D
esarrollar viviendas en la Estación de Armas Navales

3. Locate new housing throughout the City, not just in lower-i ncome areas Ubicar nuevas viviendas en toda la ciudad, no solo en áreas de bajos ingresos

4. Increase housing supply near public transit
Aume
ntar la oferta de viviendas cerca del transporte público 28

Housing Element Components
Los Componentes del Elemento de Vivienda
29

Components of the Housing Element
Componentes del Elemento de Vivienda
Introduction / Introducción
General Plan Consistency / Consistencia con el Plan General Goals and Policies / Objetivos y Políticas
Program Implementation / Implementación de Programas
Appendices / Apéndices
• Appendix A: 5th Cycle Review / Revisión del 5to Ciclo • Appendix B: Community Profile / Perfil de la Comunidad • Appendix C: Constraints and Zoning Analysis / Zonificación y Límites • Appendix D: Affirmatively Furthering Fair Housing Analysis / Vivienda Justa • Appendix E: Sites Analysis and Inventory / Inventario y Análisis de Sitios • Appendix F: Community Engagement Summary / Resumen de Alcance 30

Introduction / Introducción
General Plan Consistency / Consistencia con el Plan General Goals and Policies / Objetivos y Políticas
Program Implementation / Implementación de Programas
Appendices / Apéndices
• Appendix A: 5th Cycle Review / Revisión del 5to Ciclo • Appendix B: Community Profile / Perfil de la Comunidad • Appendix C: Constraints and Zoning Analysis / Zonificación y Límites • Appendix D: Affirmatively Furthering Fair Housing Analysis / Vivienda Justa • Appendix E: Sites Analysis and Inventory / Inventario y Análisis de Sitios • Appendix F: Community Engagement Summary / Resumen de Alcance Components of the Housing Element
Componentes del Elemento de Vivienda
31

Components of the Housing Element
Componentes del Elemento de Vivienda
Introduction / Introducción
General Plan Consistency / Consistencia con el Plan General Goals and Policies / Objetivos y Políticas
Program Implementation / Implementación de Programas
Appendices / Apéndices
• Appendix A: 5th Cycle Review / Revisión del 5to Ciclo • Appendix B: Community Profile / Perfil de la Comunidad • Appendix C: Constraints and Zoning Analysis / Zonificación y Límites • Appendix D: Affirmatively Furthering Fair Housing Analysis / Vivienda Justa • Appendix E: Sites Analysis and Inventory / Inventario y Análisis de Sitios • Appendix F: Community Engagement Summary / Resumen de Alcance 32

Components of the Housing Element
Componentes del Elemento de Vivienda
Introduction / Introducción
General Plan Consistency / Consistencia con el Plan General Goals and Policies / Objetivos y Políticas
Program Implementation / Implementación de Programas
Appendices / Apéndices
• Appendix A: 5th Cycle Review / Revisión del 5to Ciclo • Appendix B: Community Profile / Perfil de la Comunidad • Appendix C: Constraints and Zoning Analysis / Zonificación y Límites • Appendix D: Affirmatively Furthering Fair Housing Analysis / Vivienda Justa • Appendix E: Sites Analysis and Inventory / Inventario y Análisis de Sitios • Appendix F: Community Engagement Summary / Resumen de Alcance 33

Goals and Policies
Objetivos y Políticas
Goals and policies outline the City’s overall strategy for meeting its housing needs.

Los objetivos y las políticas dan el esquema de la estrategia general de la Ciudad para satisfacer sus necesidades de vivienda.

Goals
Objetivos
Policies
Políticas
Programs
Programas
34

Goals
Objetivos
Goal 1: A balanced supply of housing types, densities, and prices to meet the needs of all income groups residing or who wish to reside in Concord.

Objetivo 1: Una oferta equilibrada de tipos de viviendas, densidades y precios para satisfacer las necesidades de todos los grupos de ingresos que residen o desean residir en Concord.

Goal 2: Preserved and enhanced neighborhoods that improve quality of life for all residents.

Objetivo 2: Vecindarios preservados y mejorados que mejoren la calidad de vida de todos los residentes.
35

Goals
Objetivos
Goal 3: A City with housing opportunities for all special housing needs, including households with older adults, persons with disabilities, female headed households, large families, and people experiencing homelessness.

Objetivo 3: Una ciudad con oportunidades de vivienda para todas las necesidades especiales de vivienda, incluidos hogares con adultos mayores, personas con discapacidades, hogares encabezados por mujeres, familias numerosas y personas con falta de vivienda. 36

Goals
Objetivos
Goal 4: A City with equal housing opportunity and access for all people regardless of race, religion, gender, marital status, age, ancestry, national origin, color, sexual orientation, familial status, source of income, or disability.

Objetivo 4: Una ciudad con igualdad de oportunidades de vivienda y acceso para todas las personas independientemente de su raza, religión, género, estado civil, edad, ascendencia, origen nacional, color, orientación sexual, estado familiar, fuente de ingresos o discapacidad. 37

Goals
Objetivos
Goal 5: A sustainable City that protects the environment while lowering the cost of energy.

Objetivo 5: Una ciudad sostenible que proteja el medio ambiente y reduzca el costo de la energía.
38

Housing Element Components
Componentes del Elemento de Vivienda
Introduction / Introducción
General Plan Consistency / Consistencia con el Plan General Goals and Policies / Objetivos y Políticas
Program Implementation / Implementación de Programas
Appendices / Apéndices
• Appendix A: 5th Cycle Review / Revisión del 5to Ciclo • Appendix B: Community Profile / Perfil de la Comunidad • Appendix C: Constraints and Zoning Analysis / Zonificación y Límites • Appendix D: Affirmatively Furthering Fair Housing Analysis / Vivienda Justa • Appendix E: Sites Analysis and Inventory / Inventario y Análisis de Sitios • Appendix F: Community Engagement Summary / Resumen de Alcance 39

Potential Housing
Sites Map –
Previous Draft
Mapa de Posibles
Sitios de Vivienda –
Borrador Previo
40 Leyenda
Límite de la Ciudad
Ingreso Bajo
Ingreso Moderado
Ingreso encima Moderado
Búfer
N

Potential Housing
Sites Map –
Current Draft
Mapa de Posibles
Sitios de Vivienda –
Borrador Actual
41 Leyenda
Límite de la Ciudad
N
Ingreso Bajo
Ingreso Moderado
Ingreso encima Moderado
Búfer Page 62 of 115
42 Leyenda
Límite de la Ciudad
N
Potential Housing
Sites Map –
Previous Draft
Mapa de Posibles
Sitios de Vivienda –
Borrador Previo
Ingreso Bajo
Ingreso Moderado
Ingreso encima Moderado
Búfer Page 63 of 115
Potential Housing
Sites Map –
Current Draft
Mapa de Posibles
Sitios de Vivienda –
Borrador Actual
43 Leyenda
Límite de la Ciudad
N
Ingreso Bajo
Ingreso Moderado
Ingreso encima Moderado
Búfer Page 64 of 115
Program Implementation
Implementación de Programas
44

Components of the Housing Element
Componentes del Elemento de Vivienda
Introduction / Introducción
General Plan Consistency / Consistencia con el Plan General Goals and Policies / Objetivos y Políticas
Program Implementation / Implementación de Programas
Appendices / Apéndices
• Appendix A: 5th Cycle Review / Revisión del 5to Ciclo • Appendix B: Community Profile / Perfil de la Comunidad • Appendix C: Constraints and Zoning Analysis / Zonificación y Límites • Appendix D: Affirmatively Furthering Fair Housing Analysis / Vivienda Justa • Appendix E: Sites Analysis and Inventory / Inventario y Análisis de Sitios • Appendix F: Community Engagement Summary / Resumen de Alcance 45

Goals / Objetivos Policies / Políticas
Program
Implementation /
Implementación de
Programas
Programs are the “actions” of the Housing Element
Los Programas son las “acciones” del Elemento de
Vivienda
46

Types of Programs
Tipos de Programas
• Current programs being continued
P
rogramas que se continuirán
• New programs required by State law
N
uevos programas requeridos por ley Estatal
• New programs initiated by City
P
rogramas iniciados por la Cuidad
47

Program Structure
Estructura de Programas
• Title / Título
• Description / Descripción
• Objectives / Objetivos
• Responsible A gency
Agencia Responsable
• Funding S ources
Fuentes de Financiamiento
• Relevant P olicies
Políticas Relevantes
48

Program Structure
Estructura de Programas
• Title / Título
• Description / Descripción
• Objectives / Objetivos
• Responsible A gency
Agencia Responsable
• Funding S ources
Fuentes de Financiamiento
• Relevant P olicies
Políticas Relevantes
49

Program Structure
Estructura de Programas
• Title / Título
• Description / Descripción
• Objectives / Objetivos
• Responsible A gency
Agencia Responsable
• Funding S ources
Fuentes de Financiamiento
• Relevant P olicies
Políticas Relevantes
50

Program Structure
Estructura de Programas
• Title / Título
• Description / Descripción
• Objectives / Objetivos
• Responsible A gency
Agencia Responsable
• Funding S ources
Fuentes de Financiamiento
• Relevant P olicies
Políticas Relevantes
51

Program Structure
Estructura de Programas
• Title / Título
• Description / Descripción
• Objectives / Objetivos
• Responsible A gency
Agencia Responsable
• Funding S ources
Fuentes de Financiamiento
• Relevant P olicies
Políticas Relevantes
52

Program Structure
Estructura de Programas
• Title / Título
• Description / Descripción
• Objectives / Objetivos
• Responsible A gency
Agencia Responsable
• Funding S ources
Fuentes de Financiamiento
• Relevant P olicies
Políticas Relevantes
53

Program Structure
Estructura de Programas
• Title / Título
• Description / Descripción
• Objectives / Objetivos
• Responsible A gency
Agencia Responsable
• Funding S ources
Fuentes de Financiamiento
• Relevant P olicies
Políticas Relevantes
54

Example: Program 8 – Fair Housing
Ejemplo: Programa 8 – Vivienda Justa
The City seeks to expand the range of housing
opportunities, including for residents with low
and moderate incomes, older adults, people with
disabilities, large families, female-headed
households with children, and people
experiencing homelessness. To make adequate
provision for the housing needs of all segments of
the community, the City must ensure equal and
fair housing opportunities are available to all
residents.

La Ciudad busca ampliar la gama de
oportunidades de vivienda, incluso para residentes
con ingresos bajos y moderados, adultos mayores,
personas con discapacidades, familias numerosas,
hogares encabezados por mujeres con niños y
personas sin hogar. Para hacer una provisión
adecuada para las necesidades de vivienda de
todos los segmentos de la comunidad, la Ciudad
debe garantizar que haya oportunidades de
vivienda justas y equitativas disponibles para
todxs lxs residentes.
55 Description Descripción

Example: Program 8 – Fair Housing
Ejemplo: Programa 8 – Vivienda Justa
Objectives / Timeframe – Objetivos / Periodo de Tiempo
• Continue to participate in the Analysis of Impediments to Fair Housing Choice e
very 5 years.

Continuar participando en el Análisis de Impedimentos a la Equidad de Elección de Vivienda cada 5 años.
• Continue contract f or fair housing counseling, education and outreach services throughout the planning period.

Continuar con el contrato para servicios de asesoramiento, educación y divulgación sobre vivienda justa durante todo el periodo de planificación. • Bring forward a regional housing trust fund as an item on the Contra Costa County C
onsortium agenda by July 2024.

Presentar un fondo fiduciario de vivienda regional como elemento de la agenda del Consorcio de Condado de Contra Costa para julio del 2024. • Rezone sites to increase multifamily residential options by De cember 2026.

Rezonificar sitios para aumentar opciones de residencias multifamiliares para diciembre del 2026.
56

Tax Credit Allocation
Committee (TCAC)
Opportunity Map
Mapa de Oportunidades
del Comite de la Asignacion
de Creditos Fiscales
57N
Legend / Leyenda
Recursos Más Altos
Recursos Altos
Recursos Moderados (Cambios Rápidos)
Recursos Moderados
Recursos Bajos Page 78 of 115
Tax Credit Allocation
Committee (TCAC)
Opportunity Map
Mapa de Oportunidades
del Comite de la Asignacion
de Creditos Fiscales
58N
Legend / Leyenda
Recursos Más Altos
Recursos Altos
Recursos Moderados (Cambios Rápidos)
Recursos Moderados
Recursos Bajos
Area of Racially / Ethnically
Concentrated Poverty
Área de Pobreza Racial y
Étnicamente Concentrada

Example: Program 8 – Fair Housing
Ejemplo: Programa 8 – Vivienda Justa
Objectives / Timeframe
• Bring forward community land trusts as an
i
tem on the Contra Costa County
Consortium agenda by July 2024.
• Seek grants that provide additional
r
esources for areas identified as “Low
Resource” on the opportunity maps
prepared by the Tax Credit Allocation
Committee, with special emphasis on the
area along Monument Boulevard
identified as a Racially and Ethnically
Concentrated Area of Poverty (R/ECAP).

Objetivos / Periodo de Tiempo
• Presentar fideicomisos de tierras
c
omunitarias como un elemento de la
agenda del Consorcio del Condado de
Contra Costa para julio de 2024.
• Buscar subvenciones que brinden recursos
adic
ionales para las áreas identificadas
como “recursos bajos” en los mapas de
oportunidades preparados por el Comité de
asignación de créditos fiscales, con especial
énfasis en el área a lo largo de Monument
Boulevard identificada como un Área de
Concentración Racial y Étnica de Pobreza
(R/ECAP).
59

Example: Program 8 – Fair Housing
Ejemplo: Programa 8 – Vivienda Justa
• Responsible Agency: C ommunity Development Department Agencia Responsable: Departamenteo de Desarrollo Comunitario • Funding Sources: F ederal/Local Grant Funds
Fondos Financieros: Fondos Subvenciones Estatales/Locales • Policies / P olíticas :
• 3.1: F acilitate the development of affordable housing for extremely low -, very low- , low-, and moderate-income households with older adults.

Facilitar el Desarrollo de viviendas asequibles para viviendas con adultos mayores de ingresos extremadamente bajo, bajo o moderado.
• 3.2: Expand housing opportunities for persons with disabilities in new and existing si
ngle-family and multifamily developments.

Expandir oportunidades de viviendas para personas con discapacidades en desarrollos nuevos y existentes uni- y multi-familiares. 60

Example: Program 8 – Fair Housing
Ejemplo: Programa 8 – Vivienda Justa
• Policies Co ntinuado / Políticas Continuado:
• 3.3: E xpand housing opportunities for persons with physical and developmental disabilities in Concord.

Expandir oportunidades de vivienda para personas con discapacidades físicas y de desarrollo en Concord.
• 3.6: E
ncourage the development of affordable housing for large families with extremely low-, very low-, low-, or moderate-incomes, and continue to take actions to prevent discrimination against children in housing.

Promover el Desarrollo de viviendas asequibles para familias grandes con ingresos extremdadamente bajos, muy bajos, bajos, o moderados y continuar a tomar acciones para prevención de discriminación contra niños en viviendas. 61

Example: Program 8 – Fair Housing
Ejemplo 1: Programa 8 – Vivienda Justa
• Policies Co ntinuado / Políticas Continuado:
• 3.7: F acilitate the development of emergency shelters, transitional and supportive housing, and long-term affordable housing to reduce the risk of homelessness in the City of Concord.

Facilitar el desarrollo de refugios de emergencia, Vivienda transicional y de apoyo y viviendas asequibles de largo plazo para reducir el riesgo de falta de Vivienda en la Ciudad de Concord.
• 4.1: Ensure equal housing opportunities exist for all by reaffirming the City’s c
ommitment to work towards the elimination of discrimination in housing with regard to race, religion, sex, marital status, age, ancestry, national origin, color, sexual orientation, familial status, source of income, or disability.

Asegurar que la igualdad de oportunidades de vivienda existe para todas las personas afirmando el compromiso de la Ciudad hacía la eliminación de discriminación en viviendas con relación a raza, religion, sexo, estado civil, edad, ascendencia, origen nacional, color, orientiaciónsexual, estado familiar, fuente de ingreso o discapacidad. 62

Major New Programs – Fair Housing / Tenant Protections
Programas Nuevos Principales – Vivienda Justa / Protecciones Para Inquilinos • Initiate County-l evel discussion of
community land trusts and a regional
housing trust fund.
• Rezone properties to provide additional
o
pportunities outside of low resource
areas.
• Adopt a tenant anti -harassment
protection ordinance.
• Provide education and technical
a
ssistance to ensure tenants are aware of
available protections and resources.

Develop educational materials by January
2024.
• Iniciar di
scusiones a nivel del condado
sobre los fideicomisos de tierras
comunitarias y un fondo de vivienda
regional.
• Rezonificar pro piedades para
proporcionar oportunidades adicionales
fuera de áreas de menor recursos.
• Adoptar una o
rdinancia de anti-acoso
para inquilinos.
• Proporcionar l a educación y la asistencia
técnica para garantizar que los inquilinos
estén vigentes al tanto de las protecciones
y los recursos disponsibles. Desarrollar
materiales educativos para enero de
2024.
63

Major New Programs – Homelessness
Programas Nuevos Principales – Falta de Vivienda
• Develop and implement a Strategic Plan
t
o invest $2.4 million towards addressing
homelessness.
• Utilize $1.25 million dollars in grant funds
t
o provide housing navigation, support
services, and 6-12 months of rental
subsidy to rapidly rehouse people
experiencing homelessness for the next 5
years, or longer if funding is available.
• Hire a Community Services Manager
f
ocused on homelessness issues by July
2022.
• Desarollar e i mplementar un Plan
Estratégico para invertir $2,4 millones de
dolares abordando la falta de vivienda.
• Utilizar $1, 25 millones de dolares en
fondos de subcenviones para proporcioar
navigación para Vivienda, servicios de
apoyo y 6-12 meses de subsidio de
alquiler para rápidamente acojer a
personas sin vivienda en los próximos
cinco años o más tiempo si los fondos
están disponibles.
• Llenar un p uesto de Gerencia de Servicios
Comunitarios enfocada en personas sin
vivienda antes de julio 2022.
64

Major New Programs – Affordability
Programas Nuevos Principales – Asequibilidad
• Adopt financial and regulatory incentives
f
or affordable ADUs.*
• Allow projects with 20% affordable units
b
y right on specified sites.*
• Adopt objective design standards to
s
treamline the development process.*
• Expand the City’s inclusionary (below
m
arket-rate) requirements to include
rental and condominium projects.
*Required by State law.
• Adoptar i ncentivos regulatorios y
financieros para unidades de vivienda
accessorias asequibles.*
• Permitir pro yectos con 20% de unidades
asequibles por derecho en sitios
específicos.*
• Adoptar es tánderes de diseño para
mejorar el proceso de desarrollo.*
• Expandir l os requisitos inclusionarios (de
taza por debajo del mercado) de la Ciudad
para incluir a proyectos de condominios y
alquileres.
*Requerido por ley estatal.
65

Major New Programs – Parking
Programas Nuevos Principales – Estacionamiento
• Remove covered parking requirement for
m
ultifamily housing projects.
• Allow 25% parking reduction for housing
wi
thin ½ mile of BART
• Allow religious institutions to remove
p
arking in order to provide housing
(required by State law).
• Remover l os requisites de
estacionamiento con techo para proyectos
de vivienda pluri-familiares.
• Permitir una reducción de
e
stacionamiento del 25% para viviendas
dentro de ½ milla de BART
• Permitir i nstituciones religiosas remover
estacionamiento para proporcionar
vivienda (requerido por ley estatal.)
66

How to Provide Input
Cómo Proporcionar Su Retroalimentación
67

Accessing the Comment Form
Acceso al Formulario para Comentarios
English Form
Formulario en inglés
Spanish Form
Formulario en español
68

Suggested Tips and Questions to Consider When
Filling out the Comment Form
Tips y preguntas que debe considerar cuando llene el formulario de retroalimentación
• Remember to note what section your comment(s) are in reference to
. Acuerdese anotar a cuál sección se refiere.
• Please be as sp ecific as possible. Se lo más especifico posible. • Consider how the Housing Element programs address, or do not fully ad
dress, the City's housing needs. Considere cómo el Elemento de Vivienda aborda o no las necesidades de Vivienda de la Ciudad.
• Consider how p rograms may be improved or changed. Considere cómo los programas pueden ser mejorados o cambiados.
• Keep in mind t hat the programs tie to the five (5) housing element goals for the City. Tenga en mente que los programas se relacionan con los cinco (5) objetivos de la Ciudad.
69

Where We’re Going
El Camino a Seguir
70

Where We’re Going / El Camino a Seguir
71 City Council
Consejo
Municipal
Community
La Comunidad
State Housing & Community
Development Dept.

Depto. de Vivienda & Desarollo
Comunitario del Estado
Summer
Verano
Fall
Otoño
Winter
Invierno
Spring
Primavera
2022 2023
Review & Comments
on Draft HEU
Revisión y Comentarios
en el Borrador del HEU
City Staff
Personal de la
Ciudad

Where We’re Going / El Camino a Seguir
72 City Council
Consejo
Municipal
Community
La Comunidad
State Housing & Community
Development Dept.

Depto. de Vivienda & Desarollo
Comunitario del Estado
Summer
Verano
Fall
Otoño
Winter
Invierno
Spring
Primavera
2022 2023
Comments (30 days)
Comentarios (30 Días)
Review & Comments
on Draft HEU
Revisión y Comentarios
en el Borrador del HEU
City Staff
Personal de la
Ciudad
Due June 27, 2022

Where We’re Going / El Camino a Seguir
73 City Council
Consejo
Municipal
Community
La Comunidad
State Housing & Community
Development Dept.

Depto. de Vivienda & Desarollo
Comunitario del Estado
Summer
Verano
Fall
Otoño
Winter
Invierno
Spring
Primavera
2022 2023
Comments (30 days)
Comentarios (30 Días)
Review & Comments
on Draft HEU
Revisión y Comentarios
en el Borrador del HEU
City Staff
Personal de la
Ciudad
Consider /
Revise (10 days)
Considerar /
Revisar (10 Días)

Where We’re Going / El Camino a Seguir
74 City Council
Consejo
Municipal
Community
La Comunidad
State Housing & Community
Development Dept.

Depto. de Vivienda & Desarollo
Comunitario del Estado
Summer
Verano
Fall
Otoño
Winter
Invierno
Spring
Primavera
2022 2023
Comments (30 days)
Comentarios (30 Días)
Review & Comments
on Draft HEU
Revisión y Comentarios
en el Borrador del HEU
City Staff
Personal de la
Ciudad
Consider /
Revise (10 days)
Considerar /
Revisar (10 Días)
Post Revisions
(7 days)
Publicar Revisiones
(7 Días)

Where We’re Going / El Camino a Seguir
75 City Council
Consejo
Municipal
Community
La Comunidad
State Housing & Community
Development Dept.

Depto. de Vivienda & Desarollo
Comunitario del Estado
Summer
Verano
Fall
Otoño
Winter
Invierno
Spring
Primavera
2022 2023
Comments (30 days)
Comentarios (30 Días)
Review & Comments
on Draft HEU
Revisión y Comentarios
en el Borrador del HEU
Initial Review
(90 Days)
Revisión Inicial
(90 Días)
City Staff
Personal de la
Ciudad
Consider /
Revise (10 days)
Considerar /
Revisar (10 Días)
Post Revisions
(7 days)
Publicar Revisiones
(7 Días)

Where We’re Going / El Camino a Seguir
76 City Council
Consejo
Municipal
Community
La Comunidad
State Housing & Community
Development Dept.

Depto. de Vivienda & Desarollo
Comunitario del Estado
Summer
Verano
Fall
Otoño
Winter
Invierno
Spring
Primavera
2022 2023
Review HCD
Comments
Revisar los
Comentarios
del HCD
Comments (30 days)
Comentarios (30 Días)
Review & Comments
on Draft HEU
Revisión y Comentarios
en el Borrador del HEU
Initial Review
(90 Days)
Revisión Inicial
(90 Días)
City Staff
Personal de la
Ciudad
Consider /
Revise (10 days)
Considerar /
Revisar (10 Días)
Post Revisions
(7 days)
Publicar Revisiones
(7 Días)

Where We’re Going / El Camino a Seguir
77 City Council
Consejo
Municipal
Community
La Comunidad
State Housing & Community
Development Dept.

Depto. de Vivienda & Desarollo
Comunitario del Estado
Summer
Verano
Fall
Otoño
Winter
Invierno
Spring
Primavera
2022 2023
Review HCD
Comments
Revisar los
Comentarios
del HCD
Comments (30 days)
Comentarios (30 Días)
Review & Comments
on Draft HEU
Revisión y Comentarios
en el Borrador del HEU
Initial Review
(90 Days)
Revisión Inicial
(90 Días)
Review & Adopt
Final Draft
Revisar & Adoptar
el Borrador Final
City Staff
Personal de la
Ciudad
Consider /
Revise (10 days)
Considerar /
Revisar (10 Días)
Post Revisions
(7 days)
Publicar Revisiones
(7 Días)

Where We’re Going / El Camino a Seguir
78 City Council
Consejo
Municipal
Community
La Comunidad
State Housing & Community
Development Dept.

Depto. de Vivienda & Desarollo
Comunitario del Estado
Summer
Verano
Fall
Otoño
Winter
Invierno
Spring
Primavera
2022 2023
Review HCD
Comments
Revisar los
Comentarios
del HCD
Comments (30 days)
Comentarios (30 Días)
Certification Review
(60 Days)
Revisión de
Certificación (60 Días)
Review & Comments
on Draft HEU
Revisión y Comentarios
en el Borrador del HEU
Initial Review
(90 Days)
Revisión Inicial
(90 Días)
Review & Adopt
Final Draft
Revisar & Adoptar
el Borrador Final
City Staff
Personal de la
Ciudad
Consider /
Revise (10 days)
Considerar /
Revisar (10 Días)
Post Revisions
(7 days)
Publicar Revisiones
(7 Días)

Contact Information
Cómo Contactarnos
www.concordhousingelement.org
[email protected]
Aaron Sage, Principal Planner
Planificador Principal
(925) 671-3465
79

Council Questions
Preguntas del Consejo
80

Memorandum

DATE: June 21, 2022

TO: Honorable Mayor Aliano and Members of the City Council

FROM: Valerie J. Barone, City Manager

REVIEWED BY: Kevin Marstall, PE, Director of Community Development Mindy Gentry, Planning Manager

PREPARED BY: Aaron Sage, Principal Planner
[email protected]
(925) 671-3465

SUBJECT: Considering the draft Housing Element Update (HEU) and public comment, and providing input to be incorporated into a revised draft HEU to be submitted to the California Department of Housing and Community Development. This item is
continued from the June 14, 2022 City Council Meeting.

Report in Brief
This memorandum supplements the staff report for this item, which was continued from the June 14, 2022 City Council meeting. The memorandum provides clarity regarding the City’s capacity to address its Regional Housing Needs Allocation (RHNA) as well as covers questions raised by Council members during discussion of this item on June 14.

Analysis

1) D
ifference Between RHNA and Identified Capacity:

In Table 4 of the staff report (Identified Housing Capacity), provide the “delta” (surplus or deficit) between the total capacity and the Regional Housing Needs Allocation (RHNA).

Staff has provided this information in yellow highlighting below, along with the percentage “buffer” in accordance with guidance from the State Department of Housing and Community Development (HCD).

Benched Correspondence
Agenda Item No. 2.a
June 21, 2022

City Council Memorandum
Agenda Item No. 2.a
June 21, 2022
_________________________________________________________________________

- 2 -

Table 4 (revised): Identified Housing Capacity
Category Lower-
Income
Moderate-
and Above
Moderate-
Income
Total
Vacant Site
Capacity
807 294 1,101
Underutilized
Capacity
1,317 1,514 2,831
ADU Projection 0 304 304
Pipeline
Projects1
426 840 1,266
Concord Reuse
Project
02 300 300
Total Capacity 2,550 3,252 5,802
RHNA 2,036 2,883 5,073
Surplus/Deficit 514 215 729
Buffer 25.2% 25.4%* 25.3%*

*No te : Per HCD guidance, these percentages do not include Above Moderate-Income (market-rate) units, since the recommended buffer is only for regulated affordable units (i.e., Lower- and Moderate-Income units).

2) S ites Inventory Requirements :

Based on several questions from Council members, staff would like to clarify the State requirements around the sites inventory and whether rezoning is required to be included as a program. State law requires that all jurisdictions prepare an inventory of sites or parcels demonstrating there is adequate capacity to accommodate the RHNA for all income categories. The identification and selection of sites for the inventory follows a prescriptive process as set by State law and further defined by HCD.

If a jurisdiction does not have adequate capacity in its sites inventory to accommodate its RHNA for each income category, a rezoning program must be included in the HEU to identify and make available additional sites to meet the shortfall within three years of the beginning of the planning period.

As noted in Table 4 above, Appendix E of the draft HEU has satisfactorily identified sufficient land suitable and available for residential development to meet

1 Pipeline projects includes projects that received Planning approval but are not anticipated to complete construction prior to June 30, 2022.
2 While a minimum of 25 percent affordable units is required for the Concord Reuse Project, no affordable units are assumed prior to 2031 to keep the HEU’s assumptions conservative.

City Council Memorandum
Agenda Item No. 2.a
June 21, 2022
_________________________________________________________________________

- 3 -

Concord’s housing needs, including a 25 percent buffer for the lower- and moderate-income RHNA. Due to the identification of adequate land available for residential development, a rezoning program for this component of the Housing Element is not required.

3) R ezoning Program (Program 8) – Fair Housing:

While a rezoning program is not necessary to address a shortfall of suitable sites within the sites inventory, a rezoning program has been included as part of Program 8, to address fair housing issues. The rezoning program has been voluntarily included as a meaningful action to affirmatively further fair housing1 with a goal of providing increased opportunity outside of “low resource” areas identified on the California Tax Credit Allocation Committee’s Opportunity Maps.

This rezoning program would not result in sites being added to the planning period’s sites inventory but will provide additional opportunities for residential development.

A
t the June 14 City Council meeting a potential program idea was raised to rezone commercial sites to allow for residential development. If a rezoning program to allow for residential uses within commercial zoning districts was added to the draft HEU it also would not result in additional sites being added to the sites inventory, but would provide additional opportunities for residential development.

4) North Concord BART Station Development:

Clarify the status of future housing development at the North Concord BART Station, in light of developer Brookfield’s recent announcement that it will not be proceeding with the project, and how this affects the City’s sites inventory. Clarify retention and/or replacement of existing BART station parking.

Pursuant to Assembly Bill (AB) 2923, Concord no longer has land use authority over qualifying BART properties; however, the City retains the ability to include future housing units on BART’s property as part of its sites inventory to accommodate its RHNA. BART has prepared its Transit Oriented Development Guidelines, which has identified a minimum net residential density of 75 units per acre for its developable properties. Given the minimum density identified by BART and based on the lower or more conservative of the unit counts from

1 Under State law, affirmatively further 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.” Pursuant to State law, there are three components 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 local knowledge to identify fair housing issues, and an assessment of the contributing factors for the fair housing issues; 3. prepare the Housing Element land inventory and identification of sites through the lens of Affirmatively Furthering Fair Housing.

City Council Memorandum
Agenda Item No. 2.a
June 21, 2022
_________________________________________________________________________

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Brookfield’s3 two conceptual plans, the draft HEU sites inventory (Appendix E) estimated 776 housing units at this site. The project team was not aware of Brookfield’s announcement until after the draft HEU was released. Given this announcement, staff recommends that a more conservative count of 360 units be used for this site, which is based on the City’s Concord Reuse Project Area Plan (CRP Area Plan) and BART’s adopted Transit Oriented Development (TOD) Program Work Plan4. Staff will work with the HEU consultant to identify other sites to maintain at least a 25 percent buffer beyond the RHNA. Further, if the City were to fall below its identified capacity during the planning period, Program 14 requires the sites inventory to be updated ensuring adequate capacity to accommodate the RHNA in conformance with State law.

R
egarding existing station parking, the number of spaces to be retained and/or replaced has not been determined at this time. BART will determine this when it considers a new development proposal, in accordance with its Transit Oriented Development a nd Station Access p olicies and with input from the City and community stakeholders. BART has also agreed to conduct a parking study in conjunction with a new development proposal to determine the demand. Further, BART’s technical guide to AB 2923 (
2018, Chiu/Grayson), addresses this issue
as follows:

A
B 2923’s parking requirements apply to residential and commercial TOD projects on AB 2923-eligible parcels only, not to BART customer parking.

However, PUC Section 29010.6(g) addresses the concerns and needs of commuters arriving by car by stating that BART “shall establish, and amend as necessary, a parking replacement policy, consistent with the district’s practice at auto-dependent stations and the district’s station access policy.” Furthermore, the policy must include provisions to ensure that patrons can still access the station by car with particular attention to “end-of-the-line” stations, which are generally more auto-dependent than other stations.

It is important to note that this policy does not call for a one-to-one replacement of customer parking at BART stations. In situations where vehicle parking is reduced or eliminated as a result of a TOD project, BART must “develop and fund an access plan that maintains station access for at least the number of customers affected by the reduced number of

3 Brookfield’s two conceptual plans envisioned either 776 housing units and 712,000 square feet of office space or 955 housing units with 405,000 square feet of office space for the 18 acre parking lot at the North Concord BART station.
4 BART’s TOD Work Plan assumes 360 units with 90 of those units be affordable and 800,000 square feet of commercial; however, it also notes that the North Concord BART station is still under negotiation.

City Council Memorandum
Agenda Item No. 2.a
June 21, 2022
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commuter parking spaces, which shall include specific consideration for customers who live further than one-half mile from the station.” (PUC Section 29010.6(E)(2)(h)). The law is therefore supportive of reduced parking at BART stations so long as station access for all modes is maintained.

Moreover, it is already established practice in BART’s transit-oriented development program to require that partner developers fund a station access plan. These plans are developed in coordination with BART staff and are implemented by the developer to ensure that the TOD project provides station access for its customers who walk, bike, take transit, and drive. It is a top priority of BART's TOD and station access programs to use its adopted station area access policy.

BART has indicated interest in partnering to provide shared station parking on the former Naval Weapons Station property.

5) P riority for Local Buyers (Local Programs):

Provide information on programs in other cities that give priority to qualified local entities to purchase housing, in order to make it available to vulnerable/needy community members.

There are two types of programs related to this, as discussed below. California cities that have adopted or are exploring these programs include San Francisco, San Jose, Oakland, Berkeley, and East Palo Alto. Below provides a high level overview of these programs, which depending on how they are locally structured can result in varying degrees of jurisdictional involvement.

• C
ommunity Opportunity to Purchase Act (COPA):

COPA programs generally give qualified nonprofit entities the right to make the first offer on specified residential properties prior to those properties being listed on the open market, as well as the right to match the terms and conditions of an offer from the open market. The main purpose of these programs is to reduce displacement of lower-income tenants and increase the supply of deed-restricted affordable housing. Properties acquired under a COPA program would be subject to long-term affordability restrictions .

• T
en ant Opportunity to Purchase Act:

TOPA programs are similar to COPA programs, but are targeted toward tenants rather than nonprofit entities. Such programs require property owners to notify tenants prior to listing a property for sale, allow them the

City Council Memorandum
Agenda Item No. 2.a
June 21, 2022
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opportunity to make the first offer and match any offers from the open market.

6) P riority for Local Buyers (Pending State Legislation):

Provide information on pending State legislation to prioritize local buyers in a manner similar to the COPA/TOPA programs discussed above.

Staff has identified three pending bills that would establish statewide provisions similar or related to the above programs. The most similar bill, AB 2710 (Kalra), “would create a statewide tenant and community opportunity to first right of offer or refusal when a property owner puts the home up for sale.” This bill passed the Assembly Judiciary Committee but has been “tabled” by the author and will not move forward in the current legislative session.

The second bill, AB 2170 (Grayson) would give “prospective owner-occupants and specified non-profit affordable housing providers … a 30-day window to make offers on post-foreclosure properties when they are put up for sale by large lending institutions. In addition, the bill requires large lending institutions to sell properties coming out of foreclosure individually, not in bundles.” This bill passed the Assembly with a unanimous vote and is scheduled for hearing by the Senate Judiciary Committee on June 21. It is sponsored by the City of Concord and the California Association of Realtors and has no known opposition.

A third bill, AB 1850 (Ward) would prohibit cities and other public entities from acquiring housing developments with five or more units that lack affordability restrictions, unless the development meets specified criteria, including:
• The initial aggregate rent is at least 10% less than the average aggregate monthly rent for all units over the 12 months prior to conversion, and at least 20% less than the small area fair market rent for at least half of the units; and
• The entity agrees to make public all financial and monitoring reports applicable to the development within 120 days of receipt.

The above provisions would not apply to a development that is or will be subject to a regulatory agreement with the California Tax Credit Allocation Committee or the Department of Housing and Community Development, or is located in a flood plain or sea level rise vulnerability zone. AB 1850 has passed the Assembly and is scheduled for hearing this week in the Senate Housing Committee.

7) Countywide Affordable Housing Fund:

Provide information on the County’s affordable housing sales tax (Measure X) and housing trust fund and whether this might support housing in Concord.

City Council Memorandum
Agenda Item No. 2.a
June 21, 2022
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Measure X is a 20-year countywide half-cent sales tax approved on November 3, 2020 to support a variety of County services, including affordable housing through the establishment of a local Housing Trust Fund. A Community Advisory Board was established to oversee the annual Needs Assessment and use the Needs Assessment to make funding priority recommendations to the Board of Supervisors. On February 22, 2022, the Board of Supervisors approved initial programs and allocations which will be subjected to a three-year funding cycle. Specifically for affordable housing, $10 million has been set aside for year one to establish a Housing Trust Fund with $12 million each year after with a priority of building permanent housing for households earning less than 50% of the Area Median Income. Currently, County staff is working to create a process to distribute and award funds associated with affordable housing to be considered by the Board of Supervisors. Depending on how the process is structured, Concord could potentially apply for or support nonprofits in their application for funding for affordable housing projects.

Program 8 of the draft Housing Element Update (HEU) could include discussions with the County Consortium to determine if a partnership with Concord and other cities within the County could be viable as a method to expand the existing Housing Trust Fund.

8) N
ew and Continued Programs:

Identify all new programs in the draft (sixth cycle) HEU and those being continued from the current (fifth cycle) HEU.

Staff has prepared the following table to provide this information. See Appendix A of the HEU for more detailed discussion of current HEU programs, including why programs have, or have not, been continued. Generally programs that are not being continued from the fifth cycle to the sixth cycle are either already incorporated into the City’s operations or were found not to be effective.

Table 1: New and Continued HEU Programs
Note: New programs with an asterisk are not listed in the current HEU but are already part of standard operations or otherwise underway.

Program
#
Description Continue
or New?
1 Coordinate with HCD and update ADU Ordinance within 12 months of receipt of HCD’s findings.

New
1 Amend ADU Ordinance, if needed, to conform to future
amendments to State law and submit to HCD within 60 days of adoption.

New
1 Monitor the development of ADUs, including affordability, and collect and report data for the Housing Element Annual Progress Report annually.

New*

City Council Memorandum
Agenda Item No. 2.a
June 21, 2022
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Program
#
Description Continue
or New?
1 Develop and adopt an affordable ADU incentive program by April 2025. Regulatory and financial incentives will be selected, such as a reduction in development regulations or a waiver of parking requirements
New
1 Develop permit-ready ADU plans by September 2022. New* 2 Amend Development Code by December 2025 to permit a
variety of housing types consistent with State law. This includes allowing manufactured housing on a permanent
foundation in the same manner as other single family uses in the same zone.

New
2 Amend Development Code by December 2025 to provide
objective criteria for determining when a Neighborhood
Meeting is required for housing development.

New
2 Amend Development Code by December 2025 to clarify the difference between a minor and major hillside development permit and associated procedures.

New
2 Amend Development Code by December 2025 to identify
the zoning designation(s) where large residential care
facilities can be permitted without being subject to a
discretionary permit.

New
3 Develop an Affordable Housing Development Toolkit by
December 2023 with available sites, fees, development
standards, notices of available funding, and any additional resources that may be useful in assisting developers.

New
3 Continue to offer a centralized, one-stop counter for permit processing to streamline the development process to
provide preliminary application reviews to assist applicants with the filing process.

New
4 Conduct a housing forum annually and report to the City Council and the community on Housing Element progress.

New*
4 Identify and prioritize surplus lands available for lower- income housing development and report on these annually by April 1st through submittal of the APR.

New*
4 Annually conduct outreach to local affordable housing developers through email notifications to establish a
notification list for City surplus lands.

New
5 Amend the Development Code to expand development
permit streamlining consistent with State law (SB 35) by December 2024.

New*
6 Amend the Development Code by January 2024 to permit
by-right development on sites previously identified in past New

City Council Memorandum
Agenda Item No. 2.a
June 21, 2022
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Program
#
Description Continue
or New?
Housing Elements in which at least 20 percent of the units are affordable to lower income households in accordance with the specifications of Government Code Section
65583.2(c).
6 Provide additional pathways by which residential and mixed- use development providing at least 20% affordable units can be permitted by-right by June 2026.

New
7 Continue to administer the MFIP and Self-Certification Program option for qualifying properties throughout the planning period.

Continue
(H-2.1.4,
H-2.1.5)
7 Through the complaint-driven inspections, Building Division staff will make property owners aware of current resources on the City website to assist with the remediation of
violations, within 90 days of receipt of a complaint.

New*
7 Maintain up-to-date Building Code enforcement and
substandard housing resources on the City website to ensure they are easily accessible to all residents, including
extremely low-, very low-, and moderate- income
households throughout the planning period.

New
8 Continue to participate in the Analysis of Impediments to Fair Housing Choice every 5 years.

Continue
(H-4.1.4)
8 Continue contract for fair housing counseling, education and outreach services throughout the planning period.

Continue
(H-4.1.1)
8 Bring forward a regional housing trust fund as an item on the Contra Costa County Consortium Agenda by July 2024.

New
8 Rezone sites to increase multifamily residential options outside of lower resource areas by December 2026.

New
8 Bring forward community land trusts as an item on the Contra Costa County Consortium Agenda by July 2024 to
initiate a discussion on establishing a community land trust by providing funding for an outside expert, which can acquire existing properties for long-term affordability and a pathway to ownership within the planning period.

New
8 Seek grants that provide additional resources for areas identified as “Low Resource” or “Lower Resource” on the opportunity maps prepared by the Tax Credit Allocation
Committee, with special emphasis on the area along
Monument Boulevard identified as a Racially and Ethnically Concentrated Area of Poverty (R/ECAP) according to
federal (HUD) guidelines throughout the planning period.

New
9 Continue to provide a reduction in development standards for qualifying small lot, medium density residential
Continue
(H-1.3.1)

City Council Memorandum
Agenda Item No. 2.a
June 21, 2022
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Program
#
Description Continue
or New?
development throughout the planning period.
9 Adopt an ordinance to implement the provisions of SB 9 to establish ministerial review procedures for proposed lot splits of existing single- family residential lots by July 2024.

New*
10 Facilitate the production of BMR units through an
amendment to the Inclusionary Housing Program including removing exemption for rental and condo units by December 2024.

New*
10 Continue to provide pathways to homeownership through the MCC program throughout the planning period through
annual notifications to the City’s interested parties list and publication to the City’s website.

Continue
(H-3.5.2)
11 Amend the local Density Bonus Ordinance to ensure
consistency with State Density Bonus law by July 2024.

New*
11 Continue to offer additional density and floor area ratio within the Transit Station Overlay District throughout the planning period.

New*
11 Continue to offer affordable housing incentives beyond what is permitted under the State Density Bonus throughout the planning period.

New*
11 Amend the Affordable Housing Incentive Program to provide clarity on incentives offered, including ministerial review by January 2026.

New
12 Adopt an amendment to remove the threshold which
excludes rental and condominium developments by July
2024.

New*
12 Adopt an amendment to allow moderate-income rental units to satisfy inclusionary requirements by July 2024.

New*
12 Update inclusionary housing fee to maintain project
feasibility while maximizing affordable housing funds by July 2024.

New*
13 Continue to provide technical assistance and assist
affordable housing developers in identifying opportunities for lot consolidation using the City’s GIS system and property database through preliminary meetings throughout the
planning period.

Continue
(H-1.5.3)
13 Amend the Development Code to provide financial or
regulatory incentives and a density bonus in exchange for lot consolidation by December 2023.

New
13 Publicize the lot consolidation program on the City’s website, at the Permit Center, and by notice to affordable housing providers within 3 months of adoption.

New

City Council Memorandum
Agenda Item No. 2.a
June 21, 2022
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Program
#
Description Continue
or New?
14 Develop a methodology for tracking remaining capacity of sites identified in the Sites Inventory no later than December 2023. This could include a revision of internal permitting procedures to review permit applications against identified sites; creating an interactive map of sites and their
corresponding capacity to connect with permit data; or
monthly capacity analysis.

New
14 Review each development approval on sites listed in the Housing Element and make findings required by
Government Code Section 65863 if a site is proposed with fewer units or a different income level than shown in the Housing Element throughout the planning period.

Continue
(H-1.1.1)
14 In the event that adequate capacity is not available, identify additional sites within 180 days.

Continue
(H-1.1.1)
15 Monitor Development Code amendments throughout the
planning process to ensure any new design standards are objective.

New*
15 Amend the Design and Site Review Process by July 2024 to provide ministerial processing of for projects that meet all objective standards.

New
15 Develop and adopt Objective Design Standards by July 2024.

New*
16 Amend parking regulations by December 2024 to remove covered parking requirements for multifamily housing.

New
16 Amend the Development Code by December 2024 to
remove residential parking requirements in the Transit
Station Overlay.

New
16 Amend the Development Code by December 2024 to
identify a process by which parking requirements can be reduced for religious institutions in exchange for housing development.

New
17 Continue to provide funds for the acquisition and/or rehabilitation of multifamily housing in exchange for
affordability. Release a Notice of Funding Availability by December 2025.

Continue
(H-2.1.2)
17 Continue to contract with a qualified service provider to administer the Housing Rehabilitation Loan and Grant
Program throughout the planning period
Continue
(H-5.1.3)
17 Continue to maintain an inventory of historic properties through the CEQA review process and will annually review and update the City’s maps.

Continue
(H-2.3.1)
17 Continue to promote energy conservation through the Solar Continue

City Council Memorandum
Agenda Item No. 2.a
June 21, 2022
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Program
#
Description Continue
or New?
Incentive Program and Green Building Standards
throughout the planning period.
(H-5.1.4)/
New
18 Continue to contract and coordinate with a qualified service provider to monitor compliance for City-funded affordable multifamily housing properties.

Continue
(H-2.1.3)
18 When units are found to be at risk of conversion to market rate, coordinate with service provider and property owners at least 2 years in advance of conversion to market rate to work toward solutions for retaining affordability.

Continue
(H-2.1.3)
19 Enforce replacement of demolished units in accordance with Government Code Sections 66300(d) and 65915(c)(3)
throughout the planning period.

New*
19 Provide education and technical assistance to tenants to ensure they are aware of their rights and available
resources. Develop educational materials by December
2023.

New*
20 Continue implementation of Residential Tenant
Protection Program throughout the planning period
and publish reports annually.

New*
20 Adopt the Residential Tenant Anti-Harassment Protection Ordinance by January 2023.

New*
20 Provide education and technical assistance to tenants to ensure they are aware of the protections in place for them and resources for reporting potential issues. Develop
educational materials by January 2024.

New*
20 Continue to contract with qualified service provider to provide fair housing, tenant- landlord counseling, mediation, education, and outreach services
Continue
(H-4.1.1)
21 Continue to connect older adults through Home Match
Contra Costa through annual notifications to the City’s interested parties list.

New*
21 Create a Housing for Persons with Disability webpage that connects residents to accessibility and service resources such as home-retrofit grants and independent living services within the planning period.

New
21 Update the Resources for Housing Developers webpage to connect developers to accessibility resources, including a link to the City’s Building Division, ADA Compliance
webpage within the planning period.

New
21 Promote the web pages through media channels within the planning period.

New

City Council Memorandum
Agenda Item No. 2.a
June 21, 2022
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Program
#
Description Continue
or New?
21 Continue funding the Concord Child Care Program. Continue (H-3.4.1)
22 Develop Strategic Plan to address homelessness by
December 2024.

New
22 Hire a Community Services Manager position by July 2022. New* 22 Continue to fund the MSW for the CORE program through the planning period as funding is available.

New*
22 Rapidly rehouse people experiencing homelessness through January 2026 or longer if funding is made available.

New
22 Amend the Development Code to facilitate supportive
housing, SROs/group housing, and shelters, consistent with State requirements, by February 2024.

New
23 Distribute adopted Housing Element to Contra Costa Water District (CCWD) and City Public Works Department by June 2023, or within one month of Housing Element adoption.

New*
23 Increase coordination with CCWD and Public Works
Department to ensure that adopted policies prioritize water and sewer allocation for affordable housing developments throughout the planning period.

New

From: East Bay for Everyone <[email protected]> Sent: Tuesday, June 21, 2022 2:58 PM
To: Aliano, Dominic <[email protected]>; Hoffmeister, Laura <[email protected]>; Birsan, Edi <[email protected]>; McGallian, Tim <[email protected]>; Obringer, Carlyn <[email protected]> Cc: City Clerk <[email protected]>; Sage, Aaron <[email protected]>; City of Concord <[email protected]>; [email protected]; John Minot <[email protected]>; [email protected]; [email protected]
Subject: Comment on Concord Housing Element draft

Hi,
Please find a comment from East Bay for Everyone about the draft Housing Element at the following URL:

https://eastbayforeveryone.org/wp-content/uploads/2022/06/2022-06-20-concord-housing- element-draft-letter.pdf

Here's a very brief overview:

- We're concerned the North Concord BART developer pulling out indicates that existing densities and parking minimums do not make development feasible. Please consider reducing parking minimums and increasing base densities throughout the site inventory.

- We're concerned about the lack of buffer in the Housing Element, given only 12% of sites became housing in the last cycle and development has become more difficult since.

- Concord requires very large setbacks from the street and rear for multifamily housing; much higher than neighboring cities. Please amend setback requirements to allow development closer to the lot line. On a hot day like this every inch of additional shade we can get on sidewalks will help keep people cool and avoid heat stroke.

We did not have time to look at the individual sites in the site inventory, unfortunately. We would be happy to discuss this letter with you over the phone if you like.

East Bay for Everyone