Agenda packet — Concord City Council, January 10, 2023 (part 2 of 4)

City Council Agenda Report
Agenda Item No. 5.a
January 10, 2023
or others with special needs. The Development Code requires discretionary approval for all such facilities. HCD’s comment requests analysis of this requirement “as a potential constraint on housing for persons with disabilities, and [addition of] a program to ensure zoning permits group homes objectively with approval certainty.” Discussion: As noted earlier, the draft HEU previously reviewed by Council included a program to allow this use by right, but Council gave direction to remove this program. Based on the above comment, it is likely that the City will need to revise the approval process for this use to obtain HCD certification. HCD typically requires that any discretionary permits for this use are subject only to objective criteria and findings, in order to provide greater certainty to project applicants.

Proposed Program Revisions: The HEU project team will add further analysis regarding the approval process for Large Residential Care Facilities. Staff also recommends the following program revision:
 Amend the Development Code to require only objective criteria and approval findings for Large Residential Care Facilities. Consider adopting new objective standards to address potential impacts of such facilities on surrounding uses, consistent with State law.

Sites Inventory
After the City submitted its draft HEU to HCD, the status of two projects30 identified in the City’s development pipeline changed. Due to these changes, the sites inventory must be updated to remove these projects from the pipeline and identify their sites as capacity. This will reduce the total number of anticipated units, requiring identification of other sites to backfill the loss. The reduction occurs because the yield from those two sites will now be based on HCD guidelines for calculating “realistic capacity”, which is generally a more conservative approach than considering actual development projects.

To address this change, staff is recommending adding a BART-owned site approximately one-half mile south of the Downtown Concord BART station (where the skate park is currently located; see Figure 6 below). This site was identified in the current (5th cycle) HEU and will provide adequate capacity to address these changes. 30 Concord Village, 230 units, entitlements expired in September. The Ashbury, 313 units identified as lower-income units, is no longer feasible due to the State changing the scoring criteria to higher resource areas, the project no longer qualifies for State funded financing through the Tax Credit Allocation Committee (TCAC) process. Accordingly, the developer has resubmitted an application for a 183 marketrate units, which has been deemed incomplete.

Page 30 of 670 ends

City Council Agenda Report
Agenda Item No. 5.a
January 10, 2023
Figure 6. BART-Owned Site on Monument Blvd.

Page 31 of 670 ends

City Council Agenda Report
Agenda Item No. 5.a
January 10, 2023
Community Comments
As discussed earlier, the City has received extensive community input throughout the HEU process, and HCD requires the City to consider and incorporate such comments where appropriate. Appendix H of the August 16, 2022, draft HEU (Attachment 1) provides all community comments on the draft received during the 30-day public comment period (May 26 through June 25, 2022), along the City’s response to each comment. Attachment 5 provides all comments received after June 25, 2022 (as of the publication of this report).

On December 21, 2022, City staff and a facilitator met with representatives of several CBOs who have been highly engaged in the HEU process and have submitted substantial comments on the draft HEU (see Attachment 5). The purpose of this meeting was to share the remaining steps in the HEU process, seek information on the history of the area identified as a RECAP, and increase the City’s understanding of the CBOs’ comments on the HEU. A summary of this meeting is provided in Attachment 6; to ensure accuracy, staff shared a draft of this summary with all participants and made edits based on their corrections.

Next Steps
Key steps in the HEU process after this meeting are as follows:
 By January 17, 2023 – Staff releases revised draft HEU incorporating Council’s direction
 January 19, 2023 – Planning Commission considers revised draft HEU for recommendation to the City Council
 January 31, 2023 – Council considers adoption of revised draft HEU  February 1, 2023 – If adopted by Council, staff submits adopted HEU to HCD  April 2, 2023 – HCD certifies adopted HEU or provides further comments Whether HCD certifies the adopted HEU will depend on whether the HEU substantially addresses HCD’s comments and is compliant with housing element law. If the revisions in the adopted HEU are not adequate, HCD will not certify, a third round of revisions and HCD review will be required, and the City may be subject to the consequences discussed in the next section. The approximate schedule for a third round of revisions and HCD review would be as follows (all dates are tentative):
 May 2, 2023 – Council provides input on further revisions responding to HCD’s second comment letter
 May 15, 2023 – Staff releases revised draft HEU incorporating Council’s input  May 17, 2023 – Planning Commission considers revised draft HEU for recommendation to the City Council

Page 32 of 670 ends

City Council Agenda Report
Agenda Item No. 5.a
January 10, 2023
 May 23, 2023 – Council considers adoption of revised draft HEU  May 24, 2023 – If adopted by Council, staff submits adopted HEU to HCD  May 31, 2023 – 120-day grace period for HCD enforcement ends (see below for details)
 July 21, 2023 – HCD certifies adopted HEU or provides further comments Consequences for not Having a Certified Housing Element  Impacted City Projects
o Delay of Permanent Local Housing Allocation (PLHA) Funds - The City has been awarded $1.25 million in State PLHA funds and has allocated these funds to provide housing navigation, support services, and 6 to 12 months of rental subsidy to rapidly rehouse people experiencing homelessness (see HEU Program 22). The award remains valid; however, if the City does not have a certified HEU by January 31, 2023, the City will not be able to draw funds until the HEU is certified.
o Loss of One Bay Area Grant 3 (OBAG 3) funding – The City is currently seeking funding from the Metropolitan Transportation Commission for two projects. If the City does not receive a certified Housing Element by December 31, 2023, the funding for these projects would be in jeopardy. a. Galindo Street Multimodal Corridor Project ($3,361,290) - The Galindo Street Multimodal Corridor Project between Salvio Street and Clayton Road includes new Class I and Class II bike lanes on both sides, landscaping, vertical delineators, green conflict markings, high visibility crosswalks, and curb extensions.
b. Willow Pass Road Bikeway Connection Project ($3,665,000) - The project will construct a protected Class IV cycle track along Willow Pass Road from Parkside Drive to Landana Drive and Class II bicycle lanes on Parkside Drive from Willow Pass Road to Salvio Street.

Additionally, the project will install rapid flashing beacons and green conflict markings at key intersections.
 “Builder’s Remedy” Applications
Under the State’s Housing Accountability Act31 (HAA), a housing development project is subject only to the ordinances, policies and standards in effect at the time that a preliminary application is filed for the project under Govt. Code Section 65941.1. Except for very limited circumstances, the HAA also prohibits a jurisdiction that is not in substantial compliance with State housing element law 31 Government Code Section 65589.5

Page 33 of 670 ends

City Council Agenda Report
Agenda Item No. 5.a
January 10, 2023
from denying a housing project with at least 20% lower-income units or 100% moderate-income units, even if the project exceeds the maximum density, height or other standards of the general plan or zoning ordinance.32 The above provisions are known colloquially as the “Builder’s Remedy,” in reference to a “remedy” for non-compliance with State housing element law.

Based on the above, if the City has not adopted a substantially compliant HEU by January 31, 2023, it is open to the filing of “Builder’s Remedy” applications and mandated approval of projects that exceed the City’s development standards. If the Council adopts the HEU with a finding that it complies with State law, this could minimize the City’s exposure to Builder’s Remedy applications even if HCD were to subsequently request additional revisions.
 Ineligibility for Various Funds
Several State and regional funding sources require a certified housing element.

These include, but are not limited to, the following (see Attachment 7 for further details):
o Affordable Housing and Sustainable Communities Grants (AHSC) o SB 1 Planning Grants
o CalHOME Program Grants
o Infill Infrastructure Grants
o Local Housing Trust Fund
o Pro-Housing Designation Funding
o Regional transportation funds (e.g., MTC’s OneBayArea Grants)  HCD Enforcement Actions
State housing element law provides a 120-day “grace period” after the January 31, 2023, adoption deadline, during which HCD will not take enforcement action against jurisdictions that are not in compliance with State housing element law.

After this date (May 31, 2023), such jurisdictions are potentially subject to HCD enforcement action. Such action could, in theory, culminate in a court ordering substantial fines and penalties, including loss of local land use and zoning authority until compliance is achieved.

Based on the experience of Southern California cities, many of which missed their adoption deadlines and grace periods, continued good faith efforts to address HCD comments to adopt a substantially compliant HEU and were not 32 Government Code Section 65589.5(d)(5).

Page 34 of 670 ends

City Council Agenda Report
Agenda Item No. 5.a
January 10, 2023
subject to enforcement. That may apply here if Concord continues their efforts to adopt a compliant HEU and forestall HCD enforcement action.

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 and 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.

Attachments

1. Draft Housing Element Update submitted to HCD on August 16, 2022 (Available at: http://concordhousingelement.org/wpcontent/uploads/2022/08/City-of-Concord-Draft-6th-Cycle-Draft-HousingElement_Entire-Element.pdf)

2. HCD Letter dated November 14, 2022

3. Matrix Summarizing HCD Comments

4. TCAC Opportunity Map

5. Public Comments Submitted since June 25, 2022

6. Summary of December 21, 2022, Meeting with CBOs

7. ABAG Summary on Housing Element Compliance and Key Funding Programs

8. Racial/Economic Segregation Maps

9. Zoning Map

Page 35 of 670 ends

City Council Agenda Report
Agenda Item No. 5.a
January 10, 2023

10.HCD Memorandum Regarding AB 2339

Page 36 of 670 ends

ATTACHMENT 1
The draft HEU submitted to HCD on August 16,
2022 is located here:
https://concordhousingelement.org/wpcontent/uploads/2022/08/City-of-ConcordDraft-6th-Cycle-Draft-Housing-Element_EntireElement.pdf

Page 37 of 670 ends

STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
November 14, 2022
Kevin Marstall, Director
Community Development Department
City of Concord
1950 Parkside Drive
Concord, CA 94519
Dear Kevin Marstall:

RE: City of Concord’s 6th Cycle (2023-2031) Draft Housing Element Thank you for submitting the City of Concord’s (City) draft housing element received for review on August 16, 2022. Pursuant to Government Code section 65585, subdivision (b), the California Department of Housing and Community Development (HCD) is reporting the results of its review. In addition, HCD considered comments from California for Homeownership, East Bay Housing Organizations, East Bay for Everyone, Derek Sagehorn, TransForm, East Bay YIMBY, Greenbelt Alliance and YIMBY Law, pursuant to Government Code section 65585, subdivision (c).

The draft element addresses many statutory requirements; however, revisions will be necessary to comply with State Housing Element Law (Article 10.6 of the Gov. Code).

The enclosed Appendix describes the revisions needed to comply with State Housing Element Law.

For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), if a local government fails to adopt a compliant housing element within 120 days of the statutory deadline (January 31, 2023), then any rezoning to make prior identified sites available or accommodate the regional housing needs allocation (RHNA), including for lower-income households, shall be completed no later than one year from the statutory deadline. Otherwise, the local government’s housing element will no longer comply with State Housing Element Law, and HCD may revoke its finding of substantial compliance pursuant to Government Code section 65585, subdivision (i). Please be aware, if the City fails to adopt a compliant housing element within one year from the statutory deadline, the element cannot be found in substantial compliance until rezones to accommodate a shortfall of sites pursuant to Government Code section 65583, subdivision (c) (1) (A) and Government Code section 65583.2, subdivision (c) are completed.

ATTACHMENT 2

Page 38 of 670 ends

Kevin Marstall, Director

Page 2 ends

Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City should continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available and considering and incorporating comments where appropriate. Please be aware, any revisions to the element must be posted on the local government’s website and to email a link to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting to HCD.

Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City meets housing element requirements for these and other funding sources.

For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the City to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at:
https://www.opr.ca.gov/planning/general-plan/guidelines.html.

We are committed to assisting the City in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact Jamillah Williams, of our staff, at [email protected].

Sincerely,
Paul McDougall
Senior Program Manager
Enclosure

Page 39 of 670 ends

City of Concord’s 6th Cycle (2023-2031) Draft Housing Element Page 1 November 14, 2022

APPENDIX

CITY OF CONCORD
The following changes are necessary to bring the City’s housing element into compliance with Article 10.6 of the Government Code. Accompanying each recommended change, we cite the supporting section of the Government Code.

Housing element technical assistance information is available on HCD’s website at https://www.hcd.ca.gov/hcd-memos. Among other resources, the housing element section contains HCD’s latest technical assistance tool, Building Blocks for Effective Housing Elements (Building Blocks), available at https://www.hcd.ca.gov/building-blocks and includes the Government Code addressing State Housing Element Law and other resources.

A. Housing Needs, Resources, and Constraints

1. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in the jurisdiction. (Gov. Code, § 65583, subd. (c)(10)(A).) Enforcement and Outreach: The element must include the City’s ability to provide enforcement and outreach capacity which can consist of actions such as the City’s ability to investigate complaints, obtain remedies, or the City’s ability to engage in fair housing testing. Additionally, the element must also describe compliance with existing fair housing laws and regulations and clarify what fair housing outreach was done to inform the housing element.

Integration and Segregation: The element analyzes segregation and integration by income and persons with disabilities but must also include a local (patterns within the City) and regional analysis (City compared to the broader County or region) of familial status and race.

Racially Concentrated Areas of Affluence (RCAA): The element includes some general analysis about whether parts of the City are considered an RCAA. However, HCD’s fair housing data viewer indicates that the City does have census tracts that are considered an RCAA. The analysis should include updated data regarding the City’s RCAA designations and as noted above this should be analyzed relative to the broader region, county, and neighboring communities. For more information, please visit: https://affh-data-resourcescahcd.hub.arcgis.com.

Page 40 of 670 ends

City of Concord’s 6th Cycle (2023-2031) Draft Housing Element Page 2 November 14, 2022
Disparities in Access to Opportunity: While the element provides some information on disparities in access to opportunity for education and transit, it must also provide a complete analysis of local and regional trends and patterns for disparities in access to opportunity to environmental and economic opportunities.

Local Data and Knowledge and Other Relevant Factors: The element should complement federal, state, and regional data with local data and knowledge where appropriate to capture emerging trends and issues, including utilizing knowledge from local and regional advocates, public comments, and service providers. The element must include other relevant factors that contribute to fair housing issues in the jurisdiction. For instance, the element can analyze historical land use and investment practices or other information and demographic trends.

Identified Sites and Affirmatively Furthering Fair Housing (AFFH): The element must include an analysis demonstrating whether sites identified to meet the regional housing need allocation (RHNA) are distributed throughout the community in a manner that AFFH.

A full analysis should address the income categories of identified sites with respect to location, the number of sites and units by all income groups and how that effects the existing patterns for all components of the assessment of fair housing (e.g., segregation and integration, access to opportunity). Additionally, the element should also discuss any isolation of the RHNA by income group and whether the distribution of sites improves or exacerbates conditions. If sites exacerbate conditions, the element should identify further program actions that will be taken to mitigate this (e.g., anti-displacement strategies).

2. Include an analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition. (Gov. Code, § 65583, subd. (a)(2).) Overpayment: While the element identifies the total number of overpaying households, it must quantify and analyze the number of lower-income households paying more than 30 percent of their income on housing by tenure (i.e., renter and owner). For additional information and sample analysis, see the Building Blocks at http://www.hcd.ca.gov/community-development/housing-element/housing-elementmemos.shtml.

Housing Costs: While the element uses American Community Survey (ACS) data to describe residential property values and rental rates in Concord, those factors must be supplemented by additional data sources.

3. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov.

Page 41 of 670 ends

City of Concord’s 6th Cycle (2023-2031) Draft Housing Element Page 3 November 14, 2022
planning period including their status and other relevant information demonstrating likelihood of completion during the planning period.

For additional information, see the Building Blocks at http://www.hcd.ca.gov/communitydevelopment/building-blocks/housing-needs/projected-housing-needs.shtml.

Sites Inventory: While the element includes sites by parcel number, parcel size, zoning, and general plan designation, it must also express the site inventory unit count in whole numbers as opposed to decimals.

Realistic Capacity: The element determined realistic capacity by relying on various assumptions. Specifically, the element indicates that a number of zoning districts include a range of densities (6-60 units/acre). The element should analyze the likelihood these sites will develop as identified (e.g., higher densities for lower-income). For example, the element could include past projects and their built densities to provide support for these assumptions.

Additionally, the element identifies sites in various zone that allow for nonresidential uses including commercial, mixed-use, downtown pedestrian, downtown core, and the downtown district. For sites with zoning that allows 100 percent nonresidential uses, the element must account for the likelihood of 100 percent nonresidential development to demonstrate the realistic residential capacity. To demonstrate the likelihood for residential development in nonresidential zones, the element should describe past trends for all development in the pertinent zones, any performance standards mandating a specified portion of residential and any other factors such as incentives or proposed performance standards for residential use.

Lastly, the element applies a 25 percent density increase on specific sites based on the City’s local density bonus programs such as the Transit Overlay Zone or the Affordable Housing Incentive Program. However, the element also indicates that this program cannot be utilized for sites where the State Density Bonus Program. The element should analyze this requirement and provide support for the assumptions identified in the inventory.

Specifically, the likelihood that these optional incentive programs will be used and the inventory will develop at the identified capacities.

Nonvacant Sites: The element must include an analysis demonstrating the potential for redevelopment of nonvacant sites. To address this requirement, the element includes a description of general assumptions on capacity of nonvacant sites. This alone is not adequate to demonstrate the potential for redevelopment in the planning period. The element must describe the methodology used to determine the additional development potential within the planning period. The methodology must consider factors including the extent to which existing uses may impede additional residential development, development trends, market conditions, any existing leases or other contracts that would perpetuate the existing use or prevent redevelopment of the site for additional residential development, and regulatory or other incentives or standards to encourage additional residential development on these sites.

Page 42 of 670 ends

City of Concord’s 6th Cycle (2023-2031) Draft Housing Element Page 4 November 14, 2022
In addition, if the housing element appears to rely upon nonvacant sites to accommodate more than 50 percent of the RHNA for lower-income households, the housing element must demonstrate existing uses are not an impediment to additional residential development and will likely discontinue in the planning period. (Gov. Code, § 65583.2, subd. (g)(2).) Absent findings (e.g., adoption resolution) based on substantial evidence, the existing uses will be presumed to impede additional residential development and will not be utilized toward demonstrating adequate sites to accommodate the RHNA.

Finally, if element utilizes sites with existing residential uses. Absent a replacement housing policy, these sites are not adequate sites to accommodate lower-income households. The replacement housing policy has the same requirements as set forth in Government Code section 65915, subdivision (c) (3).

Downtown Specific Plan: The element indicates that the Downtown Specific Plan may include a unit cap. The element should indicate the number of units have been identified in the Downtown Specific Plan. If there are development caps, the element should describe how they interact with the identified sites and whether they would reach or exceed the development cap.

Concord Reuse Project Area Plan: The element relies on sites within the Concord Reuse Project Area Plan to accommodate a portion of its RHNA. For a complete analysis, the element must provide timing on adoption and implementation; describe any zoning or prezoning requirements, and describe the feasibility of development, including infrastructure accessibility during the planning period. In addition, the element notes that 25 percent of the units in this plan will be considered as affordable. The element must provide information and evidence to support this assumption.

0.5 acres, the element is assuming these lots will be consolidated. However, the element should include the methodology for determining these sites suitable for consolidation. For example, the element could discuss common ownership, adjacency to other parcels, and additional factors. Additionally, the element should relate any trends or characteristics to the actual inventory to facilitate a complete analysis. For large sites, the element should demonstrate how these sites are suitable to accommodate housing for lower-income households based on past trends or other characteristics demonstrating suitability such as anticipated parceling or mixed income approaches. Based on the outcomes of a complete analysis, the element should add or modify programs.

Accessory Dwelling Units (ADUs): The element is projecting 38 ADUs per year for a total of 304 ADUs that will accommodate a portion of the RHNA during the planning period.

This assumption is based upon averages from 2018-2021. However, the data provided in the element is inconsistent with the City’s production numbers provided in the Annual Progress Reports. HCD’s records indicate that the City permitted 19 ADUs in 2018, 18 in 2019, 24 in 2020, and 40 in 2021 for an average of 25 ADUs per year. The element should

Page 43 of 670 ends

City of Concord’s 6th Cycle (2023-2031) Draft Housing Element Page 5 November 14, 2022
reconcile these figures to include a realistic estimate of the potential for ADUs and include policies and programs that incentivize the production of ADUs and data updated to reflect most recent information. Depending on the analysis, the element must commit to monitor ADU production throughout the course of the planning period and implement additional actions if not meeting target numbers anticipated in the housing element. Additional actions, if necessary, should be taken in a timely manner (e.g., within six months). Finally, if necessary, the degree of additional actions should be in stride with the degree of the gap in production and affordability. For example, if actual production and affordability of ADUs is far from anticipated trends, then rezoning or something similar would be an appropriate action. If actual production and affordability is near anticipated trends, then measures like outreach and marketing might be more appropriate.

Publicly Owned Sites: The element identifies city-owned sites to accommodate the RHNA.

The element must include additional discussion on the publicly owned site. Specifically, the analysis should address general plan designations, allowable densities, support for residential capacity assumptions, existing uses and any known conditions that preclude development in the planning period and the potential schedule for development. If zoning does not currently allow residential uses at appropriate densities, then the element must include programs to rezone sites pursuant to Government Code section 65583.2, subdivisions (h) and (i). In addition, the housing element must include a description of whether there are any plans to sell the property during the planning period and how the jurisdiction will comply with the Surplus Land Act Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5.

Environmental Constraints: The element must describe any known environmental constraints within the City that could impact housing development in the planning period.

While the element generally describes environmental constraints, the element must relate those constraints to the actual sties identified in the inventory. (Gov. Code, § 65583.2, subd. (b).)
Infrastructure Capacity: While the element generally describes water and sewer infrastructure, it must clarify sufficient existing or planned capacity to accommodate the RHNA or include programs if necessary.

Zoning for a Variety of Housing Types:
• Employee Housing: The element must demonstrate the zoning is consistent with the Employee Housing Act (Health and Safety Code, § 17000 et seq.), specifically, sections 17021.5 and 17021.6. Section 17021.5 requires employee housing for six or fewer employees to be treated as a single-family structure and permitted in the same manner as other dwellings of the same type in the same zone. Section 17021.6 requires employee housing consisting of no more than 12 units or 36 beds to be permitted in the same manner as other agricultural uses in the same zone.

The element must describe compliance with these requirements or include a program to be compliant.
• Emergency Shelters: While the element has identified various standards required for permitting emergency shelters, the element must analyze these standards for

Page 44 of 670 ends

City of Concord’s 6th Cycle (2023-2031) Draft Housing Element Page 6 November 14, 2022
potential constraints on developing emergency shelters. Specifically, the element must analyze distancing requirements for emergency shelters such as distance from schools, libraries, residentials zones and requirements that emergency shelters must be located within transit routes, and the various facility requirements.

The element should also describe compliance with AB 139 (Emergency and Transitional Housing Act of 2019) parking requirements. Lastly, the element must clarify if emergency shelters are allowed by right (without discretion) in the identified zones i.e., OBP, IBP, and IMX. Upon a complete analysis, the element may need to include a program to address any identified constraints. • Manufactured Housing: Manufactured homes that are built on a permanent foundation must be allowed in the same manner and in the same zones as conventional or stick-built structures. Specifically, manufactured homes on a permanent structure should only be subject to the same development standards that a conventional single-family residential dwelling would be subject to. The element must demonstrate consistency with this requirement or add or modify programs as appropriate.
• Other Housing Types: The element should also clarify the definition of various uses noted in the element including a “Family Day Care Home”, Live/Work units, and Work/Live units. Additionally, while the element describes where Single Room Occupancy (SRO) units and Accessory Dwelling Units (ADU) are allowed, the element should ensure this information is consistent with the Zoning table provided in the element (Table 2).

4. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures... (Gov. Code, § 65583, subd. (a)(5).)
Land Use Controls: The element must identify and analyze all relevant land use controls impacts as potential constraints on a variety of housing types (e.g., multifamily rental housing, mobilehomes, transitional housing). The analysis must also evaluate the cumulative impacts of land use controls on the cost and supply of single family and multifamily development, including the ability to achieve maximum densities. The analysis should evaluate setback requirements in the RM and RH zone, height limits for the RL, CO, and CMX zones and that allow for multifamily housing and 32 units/acre, and parking requirements for single family and multifamily housing.

Fees and Exaction: While the element identifies the total amount of fees and their proportion to the development costs for both single family and multifamily housing, it must also describe all required fees for single family and multifamily housing development, including impact fees, and analyze their impact as potential constraints on housing supply and affordability. For additional information and a sample analysis and tables, see the Building Blocks at https://www.hcd.ca.gov/fees-and-exactions.

Page 45 of 670 ends

City of Concord’s 6th Cycle (2023-2031) Draft Housing Element Page 7 November 14, 2022
Local Processing and Permit Procedures: The element must describe and analyze the City’s permit processing and approval procedures for a typical single family and multifamily development. For example, the element notes several required permits including a Use Permit, Minor Use Permit, Administrative Permit, and Zoning Clearance. The analysis should address the required permits for each use, the approval body, the number of public hearing if any, approval findings and any other relevant information. Additionally, the element should clarify whether the timelines for permit process is the same for both single and multifamily housing. The element should also clarify whether permitted uses are required to obtain a zoning clearance or allowed by-right. The analysis should analyze these and other requirements for impacts on housing cost, supply, timing and approval certainty. Based on a complete analysis, the element should include programs to address or remove the identified constraints.

The element notes that multifamily housing is allowed in the Downtown District and MixedUse Zones subject to a use or conditional use permit. The element also discusses that the City is focused on building this type of housing in these areas and identifies sites in these zones for multifamily housing. As noted above, the element must identify any approval findings or decision-making criteria for this requirement. The analysis should address impacts on housing cost, supply, timing and approval certainty. For your information, subjecting multifamily housing to an exception process in zones where multifamily housing is already allowed is generally considered a constraint. Based on a complete analysis, the element should include programs to address or remove the identified constraints.

Design Review: The element briefly describes the City’s design review requirements; however, the analysis should analyze the approval timelines, approval procedures and decision-making criteria. The analysis should evaluate this process for potential constraints on housing supply, affordability, and timing. The element must demonstrate this process is not a constraint or it must include a program to address this permitting requirement, as appropriate.

On/Off-Site Improvements: The element must identify subdivision level improvement requirements, such as minimum street widths (e.g., 40-foot minimum street width), and analyze their impact as potential constraints on housing supply and affordability. For additional information and a sample analysis, see the Building Blocks at https://www.hcd.ca.gov/codes-and-enforcement-of-onsite-offsite-improvement-standards.

Codes and Enforcement: The element must describe the City’s building and zoning code enforcement processes and procedures, including the degree and type of enforcement, and any local amendments to the building code and analyze their impact as potential constraints on housing supply and affordability. For additional information and a sample analysis, see the Building Blocks at https://www.hcd.ca.gov/codes-and-enforcement-ofonsite-offsite-improvement-standards.

Zoning and Fees Transparency: While the element references the Government Code requirements for transparency of all fees and zoning on the City’s website, the element must specifically clarify whether it complies with new transparency requirements for

Page 46 of 670 ends

City of Concord’s 6th Cycle (2023-2031) Draft Housing Element Page 8 November 14, 2022
posting all zoning and development standards for each parcel on the jurisdiction’s website pursuant to Government Code section 65940.1(a)(1).

Local Ordinances: The element must analyze any locally adopted ordinances that directly impacts the cost and supply or residential development (e.g., inclusionary requirements, short term rentals, growth controls).

Constraints on Housing for Persons with Disabilities:
• Definition of Family: The element notes that the City’s definition of family is not a constraint because the City does not regulate family based on related individuals.

However, the definition noted in the element does pose a constraint because of the number of restrictions placed on households. The element should analyze this definition and include a program to address the constraint. For additional information and sample analysis, see the Building Blocks at http://www.hcd.ca.gov/communitydevelopment/building-blocks/constraints/constraints-for-people-with-disabilities.shtml. • Group Housing Parking: The element indicates that group housing is required to provide one parking space per bed, unit, or bedroom, whichever is greater in addition to guest parking spaces. These requirements are a constraint on providing housing for persons with disabilities and requires more parking spaces than other similar uses in these zones (i.e., single family residences). The element must analyze this requirement and include a program to address the constraint.
• Group Homes/Residential Care Facilities: The element currently details that residential care facilities serving six or fewer persons are permitted in all residential zones. However, residential care facilities serving seven or more persons require a conditional use permit in most zones. The element should analyze the process as a potential constraint on housing for persons with disabilities and add a program to ensure zoning permits group homes objectively with approval certainty.

5. An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, the price of land, the cost of construction, the requests to develop housing at densities below those anticipated in the analysis required by subdivision (c) of Government Code section 65583.2, and the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a locality’s share of the regional housing need in accordance with Government Code section 65584... (Gov. Code, § 65583, subd. (a)(6).) Price of Land: The element must also identify the actual land costs for single family and multifamily development.

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

Page 47 of 670 ends

City of Concord’s 6th Cycle (2023-2031) Draft Housing Element Page 9 November 14, 2022

6. Analyze any special housing needs such as elderly; persons with disabilities, including a developmental disability; large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter. (Gov. Code, § 65583, subd. (a)(7).)
Persons with Development Disabilities: The element must quantify the number of persons with developmental disabilities and analyze the special housing needs of persons with developmental disabilities. An analysis should generally discuss types of developmental disabilities, housing needs, housing issues or challenges and resources, policies and programs including existing housing and services, for persons with developmental disabilities.

7. Analyze existing assisted housing developments that are eligible to change to non-lowincome housing uses during the next 10 years due to termination of subsidy contracts, mortgage prepayment, or expiration of use restrictions. (Gov. Code, § 65583, subd. (a)(9) through 65583(a)(9)(D).).

While the element included a list on assisted housing developments at-risk of converting, it must also identify public and private nonprofit corporations known to the City to have the legal and managerial capacity to acquire and manage at-risk units and federal, state and local financing and subsidy programs to assist in maintaining affordability.

For additional information and sample analysis, see the Building Blocks at http://www.hcd.ca.gov/community-development/building-blocks/housing-needs/assistedhousing-developments.shtml and for more information on identifying units at-risk, see the California Housing Partnership Corporation at http://www.chpc.net.

B. Housing Programs

1. Include a program which sets forth a schedule of actions during the planning period, each with a timeline for implementation, which may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the Housing Element... (Gov. Code, § 65583, subd. (c).)
To address the program requirements of Government Code section 65583, subdivision (c)(1-6), and to facilitate implementation, programs should include: (1) a description of the City’s specific role in implementation; (2) definitive implementation timelines; (3) objectives, quantified where appropriate; and (4) identification of responsible agencies and officials. Programs to be revised include the following:
• Timing: The following programs should discuss the frequency and milestones for certain actions including but not limited to Program 2, 8, 13, and 21

Page 48 of 670 ends

City of Concord’s 6th Cycle (2023-2031) Draft Housing Element Page 10 November 14, 2022
• Additional Actions: To facilitate implementation and achieve the intended outcomes, programs should include a proactive outreach component. These programs include but not limited to Program 8, 9, 10, 11, 12, 17.
• Program 9 should clarify the types of incentives that will be provided during the planning period.
• Program 11 should include an action continue to monitor state density bonus law and update as needed.
• Program 12 should clarify the percent required for affordable housing for inclusionary requirements
• Program 22 should provide quantified objectives e.g., number of homeless people the City anticipates to place into permanent housing.

2. Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Government Code section 65584.09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing. (Gov. Code, § 65583, subd. (c)(1).) As noted in Finding A4, the element does not include a complete site analysis, therefore, the adequacy of sites and zoning were not established. Based on the results of a complete sites inventory and analysis, the City may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types. In addition, the element should be revised as follows:

Shortfall of Sites: If the element does not identify adequate sites, including available zoning and development standards, to accommodate the RHNA for lower-income households, it must include a program(s) to specifically commit to rezoning sites, including acreage, anticipated units, zoning and development standards and meet all requirements pursuant to Government Code section, 65583.2, subdivisions (h) and (i). For example, the program should permit owner-occupied and rental multifamily uses by-right (without discretionary action) for developments in which 20 percent or more of the units are affordable to lower-income households.

Publicly-Owned Sites: The element identified publicly-owned sites to accommodate a portion of the RHNA. The element should include a program with numerical objectives that ensures compliance with the Surplus Land Act, provides incentives and actions along with a schedule to facilitate development of publicly- owned sites. Actions should include outreach with developers, issuing requests for proposals, incentives, fee waivers, priority processing and financial assistance.
52

Page 49 of 670 ends

City of Concord’s 6th Cycle (2023-2031) Draft Housing Element Page 11 November 14, 2022
Program 1 – Accessory Dwelling Units (ADU): The City is relying on ADUs to accommodate a portion of its RHNA. Additionally, while the element states it will monitor ADU applications and implement additional incentives, this program should commit to frequent monitoring (i.e., every two years) and take appropriate action such as adjusting assumptions or rezoning within a specified time period (e.g., six months).

3. The housing element shall contain programs which assist in the development of adequate housing to meet the needs of extremely low-, very low-, low- and moderate-income households. (Gov. Code, § 65583, subd. (c)(2).)
Program 3 – Special Needs Households: The element must include a program(s) with specific actions and timelines to assist in the development of housing special needs populations including Extremely Low-Income (ELI) households and persons with disabilities. The element includes a program to coordinate with providers; however, the element should include stronger program(s) such as commitments to priority processing, granting fee waivers or deferrals, modifying development standards, and granting concessions and incentives for housing developments that include units affordable to ELI households.

4. Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities.

The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. (Gov. Code, § 65583, subd. (c)(3).)
As noted in Findings A5 and A6, the element requires a complete analysis of potential governmental and nongovernmental constraints. Depending upon the results of that analysis, the City may need to revise or add programs and address and remove or mitigate any identified constraints.

In addition, since the element indicates the City does not have a reasonable accommodation procedure, it must include a program to develop specific procedures for requesting and granting a reasonable accommodation. The procedure should not be limited to the installation of accessibility improvements and must provide reasonable accommodations to zoning and land-use requirements for housing for persons with disabilities. For additional information and a sample program and ordinance, see the Building Blocks at http://www.hcd.ca.gov/hpd/housing_element2/PRO_mitigate.php.

5. Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics... (Gov. Code, § 65583, subd. (c)(5).)
Program to AFFH: As noted in Finding B1, the element must include a complete assessment of fair housing. Based on the outcomes of that analysis, the element must add or modify programs. Goals and actions must specifically respond to the analysis and to the identified and prioritized contributing factors to fair housing issues and must be significant and meaningful enough to overcome identified patterns and trends. Actions must have

Page 50 of 670 ends

City of Concord’s 6th Cycle (2023-2031) Draft Housing Element Page 12 November 14, 2022
specific commitments, milestones, geographic targeting, and metrics or numeric objectives.

6. The housing program shall preserve for low-income household the assisted housing developments identified pursuant to paragraph (9) of subdivision (a)... (Gov. Code, § 65583, subd. (c)(6).)
Program 18 (Preservation) should be modified to include noticing requirements within three years and six months of the affordability expiration dates, coordinating with owners and qualified entities such as non-profit organizations and establish specific time parameters around such actions.

C. Quantified Objectives
Establish the number of housing units, by income level, that can be constructed, rehabilitated, and conserved over a five-year time frame. (Gov. Code, § 65583, subd. (b)(1 & 2).) The element must include quantified objectives to establish an estimate of housing units by income category that can be constructed, rehabilitated, and conserved over the planning period. While the element includes these objectives by income group for low-, moderate- and above-moderate income, the element must also include separate objectives for very low- and ELI households.

D. Public Participation
Local governments shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the Housing Element, and the element shall describe this effort. (Gov. Code, § 65583, subd.(c)(9).) The element states that the City made diligent efforts to involve all economic segments of the community in the development of the housing element and describes these efforts. However, the element must also describe outreach efforts to lower income segments of the community.

For example, the element could discuss the availability of translation services, efforts to circulate the housing element among low- and moderate-income households, and any outreach with key stakeholders that represent these groups. In addition, Appendix H describes responses to public comments, but must also describe how public input was considered and incorporated into the element. For additional information, see the Building Blocks at https://www.hcd.ca.gov/public-participation.

E. Consistency with General Plan
The Housing Element shall describe the means by which consistency will be achieved with other general plan elements and community goals. (Gov. Code, § 65583, subd. (c)(7).) 62

Page 51 of 670 ends

City of Concord’s 6th Cycle (2023-2031) Draft Housing Element Page 13 November 14, 2022
While the element described how consistency was achieved, it must also describe how it will be maintained during the planning period. For example, the element could include a program to conduct an internal consistency review of the General Plan as part of the annual General Plan implementation report required by Government Code section 65400. The annual report can also assist future updates of the housing element. For additional information and a sample program, see the Building Blocks at https://www.hcd.ca.gov/analysis-of-consistencywith-general-plan.

Page 52 of 670 ends

HCD Grouping #
Comment
Letter #
ATT. 2
A. Housing Needs, Resources, and
Constraints
1 A. Housing Needs, Resources, and
Constraints
1 1
A. Housing Needs, Resources, and
Constraints
1 2
Concord Housing Element - HCD Official Comments (Nov 14, 2022) ATTACHMENT 3

CITY RESPONSE
Clarification to be provided.

Additional analysis to be provided.

COMMENTS LOCATION
Appendix D/Appendix
F
Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in the jurisdiction. (Gov. Code, § 65583, subd. (c)(10)(A).) Integration and Segregation: The element analyzes segregation and integration by income and persons with disabilities but must also include a local (patterns within the City) and regional analysis (City compared to the broader County or region) of familial status and race.

Appendix D
Enforcement and Outreach: The element must include the City’s ability to provide enforcement and outreach capacity which can consist of actions such as the City’s ability to investigate complaints, obtain remedies, or the City’s ability to engage in fair housing testing.

Additionally, the element must also describe compliance with existing fair housing laws and regulations and clarify what fair housing outreach was done to inform the housing element.

Page 53 of 670 ends

A. Housing Needs, Resources, and
Constraints
1 3
A. Housing Needs, Resources, and
Constraints
1 4
A. Housing Needs, Resources, and
Constraints
1 5
Additional analysis and maps to be provided.

Additional Programs and policies in the staff report are being recommended to address AFFH.

Additional analysis and figures to be provided.

Additional Programs and policies in the staff report are being recommended to address AFFH.

Additional analysis to be provided.

Additional Programs and policies in the staff report are being recommended to address AFFH.

RECAP: The element identifies the Monument Blvd Corridor as a RECAP and provides some general information on previous uses, age of housing, and noise levels. However a complete analysis should include conditions of the neighborhood relative to quality of life (e.g., housing conditions, infrastructure, parks, community amenities, safe routes to school, environmental health) and effectiveness or absence of past strategies related to equitable quality of life. The element must add or modify programs based on the outcomes of this analysis[.] Appendix D
Racially Concentrated Areas of Affluence (RCAA): The element includes some general analysis about whether parts of the City are considered an RCAA. However, HCD’s fair housing data viewer indicates that the City does have census tracts that are considered an RCAA. The analysis should include updated data regarding the City’s RCAA designations and as noted above this should be analyzed relative to the broader region, county, and neighboring communities. For more information, please visit: https://affh-data resourcescahcd.hub.arcgis.com.

Appendix D, add
analysis after RECAPs
Section
Disparities in Access to Opportunity: While the element provides some information on disparities in access to opportunity for education and transit, it must also provide a complete analysis of local and regional trends and patterns for disparities in access to opportunity to environmental and economic opportunities.

Appendix D

Page 54 of 670 ends

A. Housing Needs, Resources, and
Constraints
1 6
A. Housing Needs, Resources, and
Constraints
1 7
A. Housing Needs, Resources, and
Constraints
2 A. Housing Needs, Resources, and
Constraints
2 8
Additional analysis to be provided.

Additional analysis to be provided.

Additional Programs and policies in the staff report are being recommended to address AFFH.

Additional analysis will be provided.

Appendix D
Identified Sites and Affirmatively Furthering Fair Housing (AFFH): The element must include an analysis demonstrating whether sites identified to meet the regional housing need allocation (RHNA) are distributed throughout the community in a manner that AFFH. A full analysis should address the income categories of identified sites with respect to location, the number of sites and units by all income groups and how that effects the existing patterns for all components of the assessment of fair housing (e.g., segregation and integration, access to opportunity). Additionally, the element should also discuss any isolation of the RHNA by income group and whether the distribution of sites improves or exacerbates conditions. If sites exacerbate conditions, the element should identify further program actions that will be taken to mitigate this (e.g., anti-displacement strategies).

Appendix D and E
Include an analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition. (Gov. Code, § 65583, subd. (a)(2).) Overpayment: While the element identifies the total number of overpaying households, it must quantify and analyze the number of lower-income households paying more than 30 percent of their income on housing by tenure (i.e., renter and owner). For additional information and sample analysis, see the Building Blocks at
http://www.hcd.ca.gov/community-development/housing-element/housingelementmemos.shtml Appendix B

Page 55 of 670 ends

A. Housing Needs, Resources, and
Constraints
2 9
A. Housing Needs, Resources, and
Constraints
3 A. Housing Needs, Resources, and
Constraints
3 10
A. Housing Needs, Resources, and
Constraints
3 11
Additional data and analysis will be provided.

Additional information will be provided.

Appendix B
An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov.

Code, § 65583, subd. (a)(3).)
RHNA Progress: The element identifies multiple projects that have received approval in the last few years. The element must describe the availability of these units during the planning period including their status and other relevant information demonstrating likelihood of completion during the planning period. For additional information, see the Building Blocks at http://www.hcd.ca.gov/communitydevelopment/building-blocks/housing-needs/projectedhousing-needs.shtml.

Appendix E
Sites Inventory: While the element includes sites by parcel number, parcel size, zoning, and general plan designation, it must also express the site inventory unit count in whole numbers as opposed to decimals.
sites inventory form

Page 56 of 670 ends

A. Housing Needs, Resources, and
Constraints
3 12
A. Housing Needs, Resources, and
Constraints
3 13
A. Housing Needs, Resources, and
Constraints
3 14
A. Housing Needs, Resources, and
Constraints
3 15
Additional information and clarifying language will be provided.

Additional analysis will be provided.

Clarification will be provided.

Additional information and analysis will be provided.

Appendix E
Additionally, the element identifies sites in various zone that allow for nonresidential uses including commercial, mixed-use, downtown pedestrian, downtown core, and the downtown district. For sites with zoning that allows 100 percent nonresidential uses, the element must account for the likelihood of 100 percent nonresidential development to demonstrate the realistic residential capacity. To demonstrate the likelihood for residential development in nonresidential zones, the element should describe past trends for all development in the pertinent zones, any performance standards mandating a specified portion of residential and any other factors such as incentives or proposed performance standards for residential use.

Appendix E
Lastly, the element applies a 25 percent density increase on specific sites based on the City’s local density bonus programs such as the Transit Overlay Zone or the Affordable Housing Incentive Program. However, the element also indicates that this program cannot be utilized for sites where the State Density Bonus Program. The element should analyze this requirement and provide support for the assumptions identified in the inventory. Specifically, the likelihood that these optional incentive programs will be used and the inventory will develop at the identified capacities.

Appendix C/Program
11 Nonvacant Sites: The element must include an analysis demonstrating the potential for redevelopment of nonvacant sites. To address this requirement, the element includes a description of general assumptions on capacity of nonvacant sites. This alone is not adequate to demonstrate the potential for redevelopment in the planning period. The element must describe the methodology used to determine the additional development potential within the planning period. The methodology must consider factors including the extent to which existing uses may impede additional residential development, development trends, market conditions, any existing leases or other contracts that would perpetuate the existing use or prevent redevelopment of the site for additional residential development, and regulatory or other incentives or standards to encourage additional residential development on these sites.

Appendix E

Page 57 of 670 ends

A. Housing Needs, Resources, and
Constraints
3 16
A. Housing Needs, Resources, and
Constraints
3 17
A. Housing Needs, Resources, and
Constraints
3 18
A. Housing Needs, Resources, and
Constraints
3 19
Additional information and analysis will be provided.

Revisions to Program 19, and additional information and analysis will be provided.

Clarification will be provided.

Program 19/Appendix
E
Downtown Specific Plan: The element indicates that the Downtown Specific Plan may include a unit cap. The element should indicate the number of units have been identified in the Downtown Specific Plan. If there are development caps, the element should describe how they interact with the identified sites and whether they would reach or exceed the development cap.

Appendix C
Concord Reuse Project Area Plan: The element relies on sites within the Concord Reuse Project Area Plan to accommodate a portion of its RHNA. For a complete analysis, the element must provide timing on adoption and implementation; describe any zoning or prezoning requirements, and describe the feasibility of development, including infrastructure accessibility during the planning period.

In addition, the element notes that 25 percent of the units in this plan will be considered as affordable. The element must provide information and evidence to support this assumption.

Appendix C
In addition, if the housing element appears to rely upon nonvacant sites to accommodate more than 50 percent of the RHNA for lower-income households, the housing element must demonstrate existing uses are not an impediment to additional residential development and will likely discontinue in the planning period. (Gov. Code, § 65583.2, subd. (g)(2).) Absent findings (e.g., adoption resolution) based on substantial evidence, the existing uses will be presumed to impede additional residential development and will not be utilized toward demonstrating adequate sites to accommodate the RHNA.

Appendix E

Page 58 of 670 ends

A. Housing Needs, Resources, and
Constraints
3 20 & 21
A. Housing Needs, Resources, and
Constraints
3 22
Clarification and additional analysis will be provided. Modifications to Program 13 will be provided to include objective goals.

Additional analysis and clarification will be provided.

Small Sites: Sites larger than ten acres in size or smaller than a half-acre in size are deemed inadequate to accommodate housing for lower-income households unless it is demonstrated, with sufficient evidence, that sites are suitable to accommodate housing for lower-income households. The element identifies certain sites larger than ten acres and smaller than 0.5 acres to accommodate the lower-income RHNA. For sites smaller than 0.5 acres, the element is assuming these lots will be consolidated. However, the element should include the methodology for determining these sites suitable for consolidation. For example, the element could discuss common ownership, adjacency to other parcels, and additional factors. Additionally, the element should relate any trends or characteristics to the actual inventory to facilitate a complete analysis. For large sites, the element should demonstrate how these sites are suitable to accommodate housing for lower-income households based on past trends or other characteristics demonstrating suitability such as anticipated parceling or mixed income approaches. Based on the outcomes of a complete analysis, the element should add or modify programs.

Appendix E
Accessory Dwelling Units (ADUs): The element is projecting 38 ADUs per year for a total of 304 ADUs that will accommodate a portion of the RHNA during the planning period. This assumption is based upon averages from 2018-2021. However, the data provided in the element is inconsistent with the City’s production numbers provided in the Annual Progress Reports. HCD’s records indicate that the City permitted 19 ADUs in 2018, 18 in 2019, 24 in 2020, and 40 in 2021 for an average of 25 ADUs per year. The element should reconcile these figures to include a realistic estimate of the potential for ADUs and include policies and programs that incentivize the production of ADUs and data updated to reflect most recent information. Depending on the analysis, the element must commit to monitor ADU production throughout the course of the planning period and implement additional actions if not meeting target numbers anticipated in the housing element. Additional actions, if necessary, should be taken in a timely manner (e.g., within six months). Finally, if necessary, the degree of additional actions should be in stride with the degree of the gap in production and affordability. For example, if actual production and affordability of ADUs is far from anticipated trends, then rezoning or something similar would be an appropriate action. If actual production and affordability is near anticipated trends, then measures like outreach and marketing might be more appropriate.

Appendix E

Page 59 of 670 ends

A. Housing Needs, Resources, and
Constraints
3 23
A. Housing Needs, Resources, and
Constraints
3 24
A. Housing Needs, Resources, and
Constraints
3 25
Additional analysis will be provided.

Clarification will be provided.

Publicly Owned Sites: The element identifies city-owned sites to accommodate the RHNA. The Additional information will be provided. element must include additional discussion on the publicly owned site. Specifically, the analysis should address general plan designations, allowable densities, support for residential capacity assumptions, existing uses and any known conditions that preclude development in the planning period and the potential schedule for development. If zoning does not currently allow residential uses at appropriate densities, then the element must include programs to rezone sites pursuant to Government Code section 65583.2, subdivisions (h) and (i). In addition, the housing element must include a description of whether there are any plans to sell the property during the planning period and how the jurisdiction will comply with the Surplus Land Act Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5.

Appendix E/Sites
inventory form
Environmental Constraints: The element must describe any known environmental constraints within the City that could impact housing development in the planning period.

While the element generally describes environmental constraints, the element must relate those constraints to the actual sties identified in the inventory. (Gov. Code, § 65583.2, subd. (b).)
Appendix E
Infrastructure Capacity: While the element generally describes water and sewer infrastructure, it must clarify sufficient existing or planned capacity to accommodate the RHNA or include programs if necessary.

Program 23 -
Appendix E

Page 60 of 670 ends

A. Housing Needs, Resources, and
Constraints
3 26
A. Housing Needs, Resources, and
Constraints
3 27
A. Housing Needs, Resources, and
Constraints
3 28
A. Housing Needs, Resources, and
Constraints
3 29
Additional information and analysis will be provided.

Additional analysis will be provided and revisions to Program 22.

Additional programs and policies in the staff report are being recommended to address this comment.

No changes necessary.

Additional information will be provided.
• Emergency Shelters: While the element has identified various standards required for permitting emergency shelters, the element must analyze these standards for potential constraints on developing emergency shelters. Specifically, the element must analyze distancing requirements for emergency shelters such as distance from schools, libraries, residentials zones and requirements that emergency shelters must be located within transit routes, and the various facility requirements.

The element should also describe compliance with AB 139 (Emergency and Transitional Housing Act of 2019) parking requirements. Lastly, the element must clarify if emergency shelters are allowed by right (without discretion) in the identified zones i.e., OBP, IBP, and IMX. Upon a complete analysis, the element may need to include a program to address any identified constraints.
• Manufactured Housing: Manufactured homes that are built on a permanent foundation must be allowed in the same manner and in the same zones as conventional or stick-built structures. Specifically, manufactured homes on a permanent structure should only be subject to the same development standards that a conventional single-family residential dwelling would be subject to. The element must demonstrate consistency with this requirement or add or modify programs as appropriate.
• Other Housing Types: The element should also clarify the definition of various uses noted in the element including a “Family Day Care Home”, Live/Work units, and Work/Live units. Additionally, while the element describes where Single Room Occupancy (SRO) units and Accessory Dwelling Units (ADU) are allowed, the element should ensure this information is consistent with the Zoning table provided in the element (Table 2).

Appendix C; Program
22 Program 2
Appendix C
Zoning for a Variety of Housing Types:
• Employee Housing: The element must demonstrate the zoning is consistent with the Employee Housing Act (Health and Safety Code, § 17000 et seq.), specifically, sections 17021.5 and 17021.6. Section 17021.5 requires employee housing for six or fewer employees to be treated as a single-family structure and permitted in the same manner as other dwellings of the same type in the same zone. Section 17021.6 requires employee housing consisting of no more than 12 units or 36 beds to be permitted in the same manner as other agricultural uses in the same zone.

The element must describe compliance with these requirements or include a program to be compliant.

Appendix C

Page 61 of 670 ends

A. Housing Needs, Resources, and
Constraints
4 A. Housing Needs, Resources, and
Constraints
4 30
A. Housing Needs, Resources, and
Constraints
4 31
Clarification, and additional analysis and information will be provided.

Fees and Exaction: While the element identifies the total amount of fees and their Additional information will be provided. proportion to the development costs for both single family and multifamily housing, it must also describe all required fees for single family and multifamily housing development, including impact fees, and analyze their impact as potential constraints on housing supply and affordability. For additional information and a sample analysis and tables, see the Building Blocks at https://www.hcd.ca.gov/fees-and-exactions.

Appendix C
An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures... (Gov. Code, § 65583, subd. (a)(5).)
Land Use Controls: The element must identify and analyze all relevant land use controls impacts as potential constraints on a variety of housing types (e.g., multifamily rental housing, mobilehomes, transitional housing). The analysis must also evaluate the cumulative impacts of land use controls on the cost and supply of single family and multifamily development, including the ability to achieve maximum densities. The analysis should evaluate setback requirements in the RM and RH zone, height limits for the RL, CO, and CMX zones and that allow for multifamily housing and 32 units/acre, and parking requirements for single family and multifamily housing.

Appendix C

Page 62 of 670 ends

A. Housing Needs, Resources, and
Constraints
4 32 & 33
A. Housing Needs, Resources, and
Constraints
4 34
A. Housing Needs, Resources, and
Constraints
4 35
Additional information will be provided and revisions to Program 15 to permit multifamiy and residential uses by-right.

Additional Programs and policies in the staff report are being recommended to address AFFH.

Additional information will be provided and revisions to Program 15 to ensure the objective design standards will not be an impediment.

Additional Programs and policies in the staff report are being recommended to address AFFH.

Additional analysis will be provided.

Local Processing and Permit Procedures: The element must describe and analyze the City’s permit processing and approval procedures for a typical single family and multifamily development. For example, the element notes several required permits including a Use Permit, Minor Use Permit, Administrative Permit, and Zoning Clearance. The analysis should address the required permits for each use, the approval body, the number of public hearing if any, approval findings and any other relevant information. Additionally, the element should clarify whether the timelines for permit process is the same for both single and multifamily housing.

The element should also clarify whether permitted uses are required to obtain a zoning clearance or allowed by-right. The analysis should analyze these and other requirements for impacts on housing cost, supply, timing and approval certainty. Based on a complete analysis, the element should include programs to address or remove the identified constraints.

Appendix C/Program
15 Design Review: The element briefly describes the City’s design review requirements; however, the analysis should analyze the approval timelines, approval procedures and decisionmaking criteria. The analysis should evaluate this process for potential constraints on housing supply, affordability, and timing. The element must demonstrate this process is not a constraint or it must include a program to address this permitting requirement, as appropriate.

Appendix C/Program
15 On/Off-Site Improvements: The element must identify subdivision level improvement requirements, such as minimum street widths (e.g., 40-foot minimum street width), and analyze their impact as potential constraints on housing supply and affordability. For additional information and a sample analysis, see the Building Blocks at https://www.hcd.ca.gov/codes-and-enforcement-of-onsite-offsite-improvement-standards.

Appendix C

Page 63 of 670 ends

A. Housing Needs, Resources, and
Constraints
4 36
A. Housing Needs, Resources, and
Constraints
4 37
A. Housing Needs, Resources, and
Constraints
4 38
A. Housing Needs, Resources, and
Constraints
4 39, 40, &
41 Additional information will be provided.

Additional information will be provided.

Additional analysis will be provided.

Additional analysis will be provided. Revisions to Program 2 and Program 16 will be provided.

Additional Programs and policies in the staff report are being recommended to address AFFH.

Appendix C
Zoning and Fees Transparency: While the element references the Government Code requirements for transparency of all fees and zoning on the City’s website, the element must specifically clarify whether it complies with new transparency requirements for posting all zoning and development standards for each parcel on the jurisdiction’s website pursuant to Government Code section 65940.1(a)(1).

Appendix C
Local Ordinances: The element must analyze any locally adopted ordinances that directly impacts the cost and supply or residential development (e.g., inclusionary requirements, short term rentals, growth controls).

Appendix C
Constraints on Housing for Persons with Disabilities:
• Definition of Family: The element notes that the City’s definition of family is not a constraint because the City does not regulate family based on related individuals.

However, the definition noted in the element does pose a constraint because of the number of restrictions placed on households. The element should analyze this definition and include a program to address the constraint. For additional information and sample analysis, see the Building Blocks at http://www.hcd.ca.gov/communitydevelopment/buildingblocks/constraints/constraints-for-people-with-disabilities.shtml. • Group Housing Parking: The element indicates that group housing is required to provide one parking space per bed, unit, or bedroom, whichever is greater in addition to guest parking spaces. These requirements are a constraint on providing housing for persons with disabilities and requires more parking spaces than other similar uses in these zones (i.e., single family residences). The element must analyze this requirement and include a program to address the constraint.
• Group Homes/Residential Care Facilities: The element currently details that residential care facilities serving six or fewer persons are permitted in all residential zones.

However, residential care facilities serving seven or more persons require a conditional use permit in most zones. The element should analyze the process as a potential constraint on housing for persons with disabilities and add a program to ensure zoning permits group homes objectively with approval certainty.

Appendix C

Page 64 of 670 ends

A. Housing Needs, Resources, and
Constraints
5 A. Housing Needs, Resources, and
Constraints
5 42
A. Housing Needs, Resources, and
Constraints
5 43
A. Housing Needs, Resources, and
Constraints
6 A. Housing Needs, Resources, and
Constraints
6 44
A. Housing Needs, Resources, and
Constraints
7 Additional analysis and information will be proivded.

Additional information will be provided.

No changes necessary.

An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, the price of land, the cost of construction, the requests to develop housing at densities below those anticipated in the analysis required by subdivision (c) of Government Code section 65583.2, and the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a locality’s share of the regional housing need in accordance with Government Code section 65584... (Gov. Code, § 65583, subd. (a)(6).) Price of Land: The element must also identify the actual land costs for single family and multifamily development.

Appendix C
Persons with Development Disabilities: The element must quantify the number of persons with developmental disabilities and analyze the special housing needs of persons with developmental disabilities. An analysis should generally discuss types of developmental disabilities, housing needs, housing issues or challenges and resources, policies and programs including existing housing and services, for persons with developmental disabilities.

Appendix B
Analyze existing assisted housing developments that are eligible to change to non-lowincome housing uses during the next 10 years due to termination of subsidy contracts, mortgage prepayment, or expiration of use restrictions. (Gov. Code, § 65583, subd. (a)(9) through 65583(a)(9)(D).).

Appendix C
Analyze any special housing needs such as elderly; persons with disabilities, including a developmental disability; large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter. (Gov. Code, § 65583, subd. (a)(7).)

Page 65 of 670 ends

A. Housing Needs, Resources, and
Constraints
7 45
B. Housing Programs 1
B. Housing Programs 1 46-51
Revisions will be provided.

Revisions to Programs 2, 8, 9, 11, 12, 13, 21, and 22.

For additional information and sample analysis, see the Building Blocks at http://www.hcd.ca.gov/community-development/building-blocks/housingneeds/assistedhousing-developments.shtml and for more information on identifying units atrisk, see the California Housing Partnership Corporation at http://www.chpc.net.

Appendix B/Program
18 Include a program which sets forth a schedule of actions during the planning period, each with a timeline for implementation, which may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the Housing Element... (Gov. Code, § 65583, subd. (c).)
To address the program requirements of Government Code section 65583, subdivision (c)(1-6), and to facilitate implementation, programs should include: (1) a description of the City’s specific role in implementation; (2) definitive implementation timelines; (3) objectives, quantified where appropriate; and (4) identification of responsible agencies and officials.

Programs to be revised include the following:
• Timing: The following programs should discuss the frequency and milestones for certain actions including but not limited to Program 2, 8, 13, and 21 • Additional Actions: To facilitate implementation and achieve the intended outcomes, programs should include a proactive outreach component. These programs include but not limited to Program 8, 9, 10, 11, 12, 17.
• Program 9 should clarify the types of incentives that will be provided during the planning period.
• Program 11 should include an action continue to monitor state density bonus law and update as needed.
• Program 12 should clarify the percent required for affordable housing for inclusionary requirements
• Program 22 should provide quantified objectives e.g., number of homeless people the City anticipates to place into permanent housing.

Programs

Page 66 of 670 ends

B. Housing Programs 2 52
B. Housing Programs 2 53
B. Housing Programs 2 54
B. Housing Programs 2 55 Revisions to Program 1 will be provided.

Revisions to Program 4will be provided.

Clarification and additional analysis will be provided.

Clarification will be provided.

Shortfall of Sites: If the element does not identify adequate sites, including available zoning and development standards, to accommodate the RHNA for lower-income households, it must include a program(s) to specifically commit to rezoning sites, including acreage, anticipated units, zoning and development standards and meet all requirements pursuant to Government Code section, 65583.2, subdivisions (h) and (i). For example, the program should permit owneroccupied and rental multifamily uses by-right (without discretionary action) for developments in which 20 percent or more of the units are affordable to lower-income households.

Appendix E
Publicly-Owned Sites: The element identified publicly-owned sites to accommodate a portion of the RHNA. The element should include a program with numerical objectives that ensures compliance with the Surplus Land Act, provides incentives and actions along with a schedule to facilitate development of publicly- owned sites. Actions should include outreach with developers, issuing requests for proposals, incentives, fee waivers, priority processing and financial assistance.

Program 4
Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Government Code section 65584.09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing. (Gov. Code, § 65583, subd. (c)(1).) As noted in Finding A4, the element does not include a complete site analysis, therefore, the adequacy of sites and zoning were not established. Based on the results of a complete sites inventory and analysis, the City may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types. In addition, the element should be revised as follows:

Appendix E
Program 1 – Accessory Dwelling Units (ADU): The City is relying on ADUs to accommodate a portion of its RHNA. Additionally, while the element states it will monitor ADU applications and implement additional incentives, this program should commit to frequent monitoring (i.e., every two years) and take appropriate action such as adjusting assumptions or rezoning within a specified time period (e.g., six months).

Program 1

Page 67 of 670 ends

B. Housing Programs 3
B. Housing Programs 3 56
B. Housing Programs 4
B. Housing Programs 4 57
B. Housing Programs 5
Clarification will be provided.

As noted in Findings A5 and A6, the element requires a complete analysis of potential No changes necessary. governmental and nongovernmental constraints. Depending upon the results of that analysis, the City may need to revise or add programs and address and remove or mitigate any identified constraints.

Program 8
Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics... (Gov. Code, § 65583, subd. (c)(5).)
Program 3 – Special Needs Households: The element must include a program(s) with specific actions and timelines to assist in the development of housing special needs populations including Extremely Low-Income (ELI) households and persons with disabilities.

The element includes a program to coordinate with providers; however, the element should include stronger program(s) such as commitments to priority processing, granting fee waivers or deferrals, modifying development standards, and granting concessions and incentives for housing developments that include units affordable to ELI households.

Program 3
Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities.

The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. (Gov. Code, § 65583, subd. (c)(3).)
The housing element shall contain programs which assist in the development of adequate housing to meet the needs of extremely low-, very low-, low- and moderate-income households. (Gov. Code, § 65583, subd. (c)(2).)

Page 68 of 670 ends

B. Housing Programs 5 58
B. Housing Programs 6
B. Housing Programs 6 59
C. Quantified Objectives 1
C. Quantified Objectives 1 60
D. Public Participation 1
D. Public Participation 1 61 Additional information will be provided.

Additional informatin will be provided.

Revisions to Program 18 will be provided.

Additional Programs and policies in the staff report are being recommended to address AFFH.

Program 18
Appendix C
The housing program shall preserve for low-income household the assisted housing developments identified pursuant to paragraph (9) of subdivision (a)... (Gov. Code, § 65583, subd. (c)(6).)
Program 18 (Preservation) should be modified to include noticing requirements within three years and six months of the affordability expiration dates, coordinating with owners and qualified entities such as non-profit organizations and establish specific time parameters around such actions.

Establish the number of housing units, by income level, that can be constructed, rehabilitated, and conserved over a five-year time frame. (Gov. Code, § 65583, subd. (b)(1 & 2).) The element must include quantified objectives to establish an estimate of housing units by income category that can be constructed, rehabilitated, and conserved over the planning period. While the element includes these objectives by income group for low-, moderate- and above-moderate income, the element must also include separate objectives for very low- and ELI households.

Local governments shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the Housing Element, and the element shall describe this effort. (Gov. Code, § 65583, subd.(c)(9).) The element states that the City made diligent efforts to involve all economic segments of the community in the development of the housing element and describes these efforts. However, the element must also describe outreach efforts to lower income segments of the community.

Appendix F and
Appendix H
Program to AFFH: As noted in Finding B1, the element must include a complete assessment of fair housing. Based on the outcomes of that analysis, the element must add or modify programs. Goals and actions must specifically respond to the analysis and to the identified and prioritized contributing factors to fair housing issues and must be significant and meaningful enough to overcome identified patterns and trends. Actions must have specific commitments, milestones, geographic targeting, and metrics or numeric objectives.

Programs

Page 69 of 670 ends

D. Public Participation 1 62
E. Consistency with General Plan 1
E. Consistency with General Plan 1 63 Revisions to Program 4 will be provided.

Additional information will be provided.

Program 4
The Housing Element shall describe the means by which consistency will be achieved with other general plan elements and community goals. (Gov. Code, § 65583, subd. (c)(7).) While the element described how consistency was achieved, it must also describe how it will be maintained during the planning period. For example, the element could include a program to conduct an internal consistency review of the General Plan as part of the annual General Plan implementation report required by Government Code section 65400. The annual report can also assist future updates of the housing element. For additional information and a sample program, see the Building Blocks at https://www.hcd.ca.gov/analysis-of-consistencywithgeneral-plan.

In addition, Appendix H describes responses to public comments, but must also describe how public input was considered and incorporated into the element. For additional information, see the
Appendix H

Page 70 of 670 ends

?×
?×
%&p(
%&p(
A¿
Ygnacio Valley Rd
Detroit Ave
Diamond Blvd
Oak Grove Rd
Clayton Rd
Kirker Pass Rd
Concord Ave
Sunvalley Blvd
Cowell Rd
Treat Blvd
Concord Blvd
Port Chicago
Hwy
Willow Pass Rd
Meadow Ln
Monument
Blvd
2022 TCAC Opportunity Areas I 0 4,000 8,000 2,000
Feet
S:\MapRequest\Engineering\CIPPavement\CIPPavementProjects.aprx Map Created: 12/22/2022
By GIS Division of Information Technology
Highest Resource
High Resource
Moderate Resource
Low Resource
City Boundary
ATTACHMENT 4

Page 71 of 670 ends

July 25, 2022
Aaron Sage
Principal Planner, Community Development Department
City of Concord
1950 Parkside Dr, MS 53
Concord, CA 94519
VIA EMAIL: [email protected]
Dear Aaron,
Conversations with Joan Ryan regarding AB 2923 indicated interest by the City of Concord in including BART’s land in its 2023-2031 Housing Element. As you are aware, BART’s Transit-Oriented Development Program Work Plan currently does not categorize the Concord station areas as ‘Near-term (project initiation in 2020-2025)’.

Additionally, issues with the North Concord area and specific plans, a near-term project, are creating development bottlenecks.

It is our collective goal to deliver as much housing near transit as possible while supporting local jurisdictions in achieving the Bay Area’s regional housing goals.

However, BART has limited staff resources and few funding sources for the infrastructure - most notably parking replacement - that is often required to free-up space on BART’s land for development. Given current resources, it will be challenging for BART to support development of all the land proposed in BART partner jurisdictions’ Housing Elements during the 2023-2031 cycle.

Delivering transit-oriented development (TOD) projects on BART’s land is much more complex and time consuming than development projects on private land and requires strong partnerships and commitment between BART and local jurisdictions.

As noted in the previous letter issued on March 7, 2022, BART’s TOD Work Plan prioritizes development in its station areas based on the following three criteria:

1. Market readiness for TOD

2. Local support for TOD

3. Infrastructure needs
If conditions have changed since the last assessment in 2019/2020, the timeframe for TOD development in station areas can be updated in BART’s TOD Work Plan.

Additional key considerations by BART for prioritizing development projects are 1) availability of local funding and resources to support development, including community outreach, affordable housing, and infrastructure, and 2) seamless coordination with local jurisdiction staff.

Jurisdictions with station areas that are currently listed in BART’s TOD Work Plan timeframes of Mid-term or Long-term need to meet the following conditions to be considered for prioritization:

1. Local Support for TOD:
a. Local Support and Funding: First and foremost, BART views TOD projects on its land as BART and local jurisdiction partnerships. BART TOD projects are civic destinations, transformative to the community, and often includes off-site improvements. The City of Concord must be committed to working closely with BART to find funds and resources to facilitate community outreach, discussions, and decisions on TOD development and area-wide parking.

SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT
2150 Webster Street, P.O. Box 12688
Oakland, CA 94604-2688
(510) 464-6000
2022
Rebecca Saltzman

PRESIDENT
Janice Li

VICE PRESIDENT
Robert Powers

GENERAL MANAGER

DIRECTORS
Debora Allen
1ST DISTRICT
Mark Foley
2ND DISTRICT
Rebecca Saltzman
3RD DISTRICT
Robert Raburn, Ph.D.
4TH DISTRICT
John McPartland
5TH DISTRICT
Elizabeth Ames
6TH DISTRICT
Lateefah Simon
7TH DISTRICT
Janice Li
8TH DISTRICT
Bevan Dufty
9TH DISTRICT
www.bart.gov
ATTACHMENT 5

Page 72 of 670 ends

July 25, 2022

Page 2 ends

It takes several years of pre-development work prior to issuance of a Request for Proposal for developers, therefore, any development of BART land within the planning period of 2023-2031 requires sufficient dedicated BART and County staff time to advance a TOD project within a reasonable timeframe.
b. Prohousing Designation: BART will prioritize projects in jurisdictions that are pursuing a Prohousing Designation by California Department of Housing and Community Development (HCD). The Prohousing Designation is emblematic of local support for housing and provides jurisdictions with an advantage such as priority processing or funding points for certain funding programs. This is a designation that has emerged from HCD since BART originally completed its work plan.
c. Environmental Studies: Locally supportive zoning is a minimum standard for gauging local support. For BART’s purposes, BART will determine that local zoning is supportive of TOD if the density allowed is 75 units per acre or greater, and such a density is assumed in environmental documents.

2. Infrastructure Needs:
a. Station Access and Parking Strategies: BART has evaluated its development priorities based on the anticipated cost of new infrastructure, including parking replacement. As such, until BART is able to secure external sources of funding to support construction of necessary infrastructure, BART cannot pursue development. In areas requiring substantial amounts of parking (e.g. auto dependent and auto reliant stations, partner jurisdictions will need to support BART in securing funding for parking replacement or other station access improvements.

Further, to address potential community opposition to replacing surface parking with housing, the City of Concord should plan for and implement a locally led parking resource assessment and management plan for at least ¼-mile radius around the station area. It should identify parking opportunities for BART riders that would minimize the number of spaces to be included the TOD project and address spillover parking concerns by neighbors. BART staff will work with the jurisdiction to provide support and guidance as needed but implementation of a parking management plan will be a local requirement.

3. BART Policies and Standards: Any development on BART’s land is subject to BART’s review procedures and approvals and shall follow relevant guidelines, policies, and regulations. The jurisdiction should commit to support and meet BART’s policies and standards. Most of these policies and are summarized on our TOD Guidelines and Procedures webpage.

We look forward to building our partnerships with the City of Concord to realize our shared goal of increasing the amount of housing near transit. Please contact us to further our conversation on advancing TOD projects on BART’s land.

Sincerely,
________________________________________
Tim Chan
Group Manager – Stations Planning

Page 73 of 670 ends

Page 74 of 670 ends

Page 75 of 670 ends

Page 76 of 670 ends

Page 77 of 670 ends

Page 78 of 670 ends

Page 79 of 670 ends

Page 80 of 670 ends

Page 81 of 670 ends

Page 82 of 670 ends

Page 83 of 670 ends

Page 84 of 670 ends

Page 85 of 670 ends

Page 86 of 670 ends

Page 87 of 670 ends

Page 88 of 670 ends

Page 89 of 670 ends

Page 90 of 670 ends

Page 91 of 670 ends

Page 92 of 670 ends

Page 93 of 670 ends

Page 94 of 670 ends

Page 95 of 670 ends

Page 96 of 670 ends

Page 97 of 670 ends

Page 98 of 670 ends

Page 99 of 670 ends

Page 100 of 670 ends

Page 101 of 670 ends

Page 102 of 670 ends

Page 103 of 670 ends

Page 104 of 670 ends

Page 105 of 670 ends

Page 106 of 670 ends

Page 107 of 670 ends

Page 108 of 670 ends

Page 109 of 670 ends

Page 110 of 670 ends

Page 111 of 670 ends

Page 112 of 670 ends

Page 113 of 670 ends

Page 114 of 670 ends

Page 115 of 670 ends

Page 116 of 670 ends

Page 117 of 670 ends

Page 118 of 670 ends

Page 119 of 670 ends

Page 120 of 670 ends

Page 121 of 670 ends

Page 122 of 670 ends

Page 123 of 670 ends

Page 124 of 670 ends

Page 125 of 670 ends

Page 126 of 670 ends

Page 127 of 670 ends

Page 128 of 670 ends

Page 129 of 670 ends

Page 130 of 670 ends

Page 131 of 670 ends

Page 132 of 670 ends

Page 133 of 670 ends

Page 134 of 670 ends

Page 135 of 670 ends

Page 136 of 670 ends

Page 137 of 670 ends

Page 138 of 670 ends

Page 139 of 670 ends

Page 140 of 670 ends

Page 141 of 670 ends

Page 142 of 670 ends

Page 143 of 670 ends

Page 144 of 670 ends

Page 145 of 670 ends

Page 146 of 670 ends

Page 147 of 670 ends

Page 148 of 670 ends

Page 149 of 670 ends

Page 150 of 670 ends

Page 151 of 670 ends

Page 152 of 670 ends

Page 153 of 670 ends

Page 154 of 670 ends

Page 155 of 670 ends

Page 156 of 670 ends

Page 157 of 670 ends

Page 158 of 670 ends

Page 159 of 670 ends

Page 160 of 670 ends

Page 161 of 670 ends

Page 162 of 670 ends

Page 163 of 670 ends

Page 164 of 670 ends

Page 165 of 670 ends

Page 166 of 670 ends

Page 167 of 670 ends

Page 168 of 670 ends

Page 169 of 670 ends

Page 170 of 670 ends

Page 171 of 670 ends

Page 172 of 670 ends

Page 173 of 670 ends

Page 174 of 670 ends

Page 175 of 670 ends

Page 176 of 670 ends

Page 177 of 670 ends

Page 178 of 670 ends

Page 179 of 670 ends

Page 180 of 670 ends

Page 181 of 670 ends

Page 182 of 670 ends

Page 183 of 670 ends

Page 184 of 670 ends

Page 185 of 670 ends

Page 186 of 670 ends

Page 187 of 670 ends

Page 188 of 670 ends

Page 189 of 670 ends

Page 190 of 670 ends

Page 191 of 670 ends

Page 192 of 670 ends

Page 193 of 670 ends

Page 194 of 670 ends

Page 195 of 670 ends

Page 196 of 670 ends

Page 197 of 670 ends

Page 198 of 670 ends

Page 199 of 670 ends

Page 200 of 670 ends

Page 201 of 670 ends

Page 202 of 670 ends

Page 203 of 670 ends

Page 204 of 670 ends

Page 205 of 670 ends

Page 206 of 670 ends

Page 207 of 670 ends

Page 208 of 670 ends

Page 209 of 670 ends

Page 210 of 670 ends

Page 211 of 670 ends

Page 212 of 670 ends

Page 213 of 670 ends

Page 214 of 670 ends

Page 215 of 670 ends

Page 216 of 670 ends

Page 217 of 670 ends

Page 218 of 670 ends

Page 219 of 670 ends

Page 220 of 670 ends

Page 221 of 670 ends

Page 222 of 670 ends

Page 223 of 670 ends

Page 224 of 670 ends

Page 225 of 670 ends

Page 226 of 670 ends

Page 227 of 670 ends

Page 228 of 670 ends

Page 229 of 670 ends

Page 230 of 670 ends

Page 231 of 670 ends

Page 232 of 670 ends

Page 233 of 670 ends

Page 234 of 670 ends

Page 235 of 670 ends

Page 236 of 670 ends

Page 237 of 670 ends

Page 238 of 670 ends

Page 239 of 670 ends

Page 240 of 670 ends

Page 241 of 670 ends

Page 242 of 670 ends

Page 243 of 670 ends

Page 244 of 670 ends

Page 245 of 670 ends

Page 246 of 670 ends

Page 247 of 670 ends

Page 248 of 670 ends

Page 249 of 670 ends

Page 250 of 670 ends

Page 251 of 670 ends

Page 252 of 670 ends

Page 253 of 670 ends

Page 254 of 670 ends

Page 255 of 670 ends

Page 256 of 670 ends

Page 257 of 670 ends

Page 258 of 670 ends

Page 259 of 670 ends

Page 260 of 670 ends

Page 261 of 670 ends

Page 262 of 670 ends

Page 263 of 670 ends

Page 264 of 670 ends

Page 265 of 670 ends

Page 266 of 670 ends

Page 267 of 670 ends

Page 268 of 670 ends

Page 269 of 670 ends

Page 270 of 670 ends

Page 271 of 670 ends

Page 272 of 670 ends

Page 273 of 670 ends

Page 274 of 670 ends

Page 275 of 670 ends

Page 276 of 670 ends

Page 277 of 670 ends

Page 278 of 670 ends

Page 279 of 670 ends

Page 280 of 670 ends

Page 281 of 670 ends

Page 282 of 670 ends

Page 283 of 670 ends

Page 284 of 670 ends

Page 285 of 670 ends

Page 286 of 670 ends

Page 287 of 670 ends

Page 288 of 670 ends

Page 289 of 670 ends

Page 290 of 670 ends

Page 291 of 670 ends

Page 292 of 670 ends

Page 293 of 670 ends

Page 294 of 670 ends

Page 295 of 670 ends

Page 296 of 670 ends

Page 297 of 670 ends

Page 298 of 670 ends

Page 299 of 670 ends

Page 300 of 670 ends

Page 301 of 670 ends

Page 302 of 670 ends

Page 303 of 670 ends

Page 304 of 670 ends

Page 305 of 670 ends

Page 306 of 670 ends

Page 307 of 670 ends

Page 308 of 670 ends

Page 309 of 670 ends

Page 310 of 670 ends

Page 311 of 670 ends

Page 312 of 670 ends

Page 313 of 670 ends

Page 314 of 670 ends

Page 315 of 670 ends

Page 316 of 670 ends

Page 317 of 670 ends

Page 318 of 670 ends

Page 319 of 670 ends

Page 320 of 670 ends

Page 321 of 670 ends

Page 322 of 670 ends

Page 323 of 670 ends

Page 324 of 670 ends

Page 325 of 670 ends

Page 326 of 670 ends

Page 327 of 670 ends

Page 328 of 670 ends

Page 329 of 670 ends

Page 330 of 670 ends

Page 331 of 670 ends

Page 332 of 670 ends

Page 333 of 670 ends

Page 334 of 670 ends

Page 335 of 670 ends

Page 336 of 670 ends

Page 337 of 670 ends

Page 338 of 670 ends

Page 339 of 670 ends

Page 340 of 670 ends

Page 341 of 670 ends

Page 342 of 670 ends

Page 343 of 670 ends

Page 344 of 670 ends

Page 345 of 670 ends

Page 346 of 670 ends

Page 347 of 670 ends

Page 348 of 670 ends

Page 349 of 670 ends

Page 350 of 670 ends

Page 351 of 670 ends

Page 352 of 670 ends

Page 353 of 670 ends

Page 354 of 670 ends

Page 355 of 670 ends

Page 356 of 670 ends

Page 357 of 670 ends

Page 358 of 670 ends

Page 359 of 670 ends

Page 360 of 670 ends

Page 361 of 670 ends

Page 362 of 670 ends

Page 363 of 670 ends

Page 364 of 670 ends

Page 365 of 670 ends

Page 366 of 670 ends

Page 367 of 670 ends

Page 368 of 670 ends

Page 369 of 670 ends

Page 370 of 670 ends

Page 371 of 670 ends

Page 372 of 670 ends

Page 373 of 670 ends

Page 374 of 670 ends

Page 375 of 670 ends

Page 376 of 670 ends

Page 377 of 670 ends

Page 378 of 670 ends

Page 379 of 670 ends

Page 380 of 670 ends

Page 381 of 670 ends

Page 382 of 670 ends

Page 383 of 670 ends

Page 384 of 670 ends

Page 385 of 670 ends

Page 386 of 670 ends

Page 387 of 670 ends

Page 388 of 670 ends

Page 389 of 670 ends

Page 390 of 670 ends

Page 391 of 670 ends

Page 392 of 670 ends

Page 393 of 670 ends

Page 394 of 670 ends

Page 395 of 670 ends

Page 396 of 670 ends

Page 397 of 670 ends

Page 398 of 670 ends

Page 399 of 670 ends

Page 400 of 670 ends

Page 401 of 670 ends

Page 402 of 670 ends

Page 403 of 670 ends

Page 404 of 670 ends

Page 405 of 670 ends

Page 406 of 670 ends

Prevent Displacement around Ellis Lake Park!
¡Prevenir el Desplazamiento alrededor del Parque Ellis Lake! We, Concord residents, businesses, and organizations, call on the Concord City Council to pass meaningful Anti-Displacement policies NOW, including Rent Control and Just Cause, to keep Concord families safe in their homes while improving our parks. We should not have to choose between staying in our homes or having a beautiful Ellis Lake Park.

Nosotros, los residentes, negocios y organizaciones de Concord, insistimos que el Concejo Municipal de la Ciudad de Concord aprueben políticas significativas contra el desplazamiento AHORA, incluyendo el Control de Renta y Causa Justa, para mantener a la familias de Concord seguras y en sus hogares mientras mejoran nuestros parques. No deberíamos tener que elegir entre permanecer en nuestros hogares o tener un hermoso parque de Ellis Lake.

First Name ~ Nombre Last Name ~ Apellido
Zip Code ~ Código Postal Organization/Business Affiliation Organización/Afiliación de Negocio
Would you like to stay informed about this campaign? Please provide your phone number or Email below ~ ¿Quisiera mantenerse informado(a) sobre esta campaña? Por favor proveer su Número de Teléfono o Correo Electrónico a continuación.
https://bit.ly/3tR6DXF
Alejandra Mujica 94520

Page 407 of 670 ends

Page 408 of 670 ends

Page 409 of 670 ends

Page 410 of 670 ends

Page 411 of 670 ends

Page 412 of 670 ends

Page 413 of 670 ends

Page 414 of 670 ends

Page 415 of 670 ends

Page 416 of 670 ends

Page 417 of 670 ends

Page 418 of 670 ends

Page 419 of 670 ends

Page 420 of 670 ends

Page 421 of 670 ends

Page 422 of 670 ends

Page 423 of 670 ends

Page 424 of 670 ends

Page 425 of 670 ends

Page 426 of 670 ends

Page 427 of 670 ends

Page 428 of 670 ends

Page 429 of 670 ends

Page 430 of 670 ends

Page 431 of 670 ends

Page 432 of 670 ends

Page 433 of 670 ends

Page 434 of 670 ends

Page 435 of 670 ends

Page 436 of 670 ends

Page 437 of 670 ends

Page 438 of 670 ends

Page 439 of 670 ends

Page 440 of 670 ends

Page 441 of 670 ends

Page 442 of 670 ends

Page 443 of 670 ends

Page 444 of 670 ends

Page 445 of 670 ends

Page 446 of 670 ends

Page 447 of 670 ends

Page 448 of 670 ends

Page 449 of 670 ends

Page 450 of 670 ends

Page 451 of 670 ends

Page 452 of 670 ends

Page 453 of 670 ends

Page 454 of 670 ends

Page 455 of 670 ends

Page 456 of 670 ends

Page 457 of 670 ends

Page 458 of 670 ends

Page 459 of 670 ends

Page 460 of 670 ends

Page 461 of 670 ends

Page 462 of 670 ends

Page 463 of 670 ends

Page 464 of 670 ends

Page 465 of 670 ends

Page 466 of 670 ends

Page 467 of 670 ends

Page 468 of 670 ends

Page 469 of 670 ends

Page 470 of 670 ends

Page 471 of 670 ends

Page 472 of 670 ends

Page 473 of 670 ends

Page 474 of 670 ends

Page 475 of 670 ends

Page 476 of 670 ends

Page 477 of 670 ends

Page 478 of 670 ends

Page 479 of 670 ends

Page 480 of 670 ends

Page 481 of 670 ends

Page 482 of 670 ends

Page 483 of 670 ends

Page 484 of 670 ends

Page 485 of 670 ends

Page 486 of 670 ends

Page 487 of 670 ends

Page 488 of 670 ends

Page 489 of 670 ends

Page 490 of 670 ends

Page 491 of 670 ends

Page 492 of 670 ends

Page 493 of 670 ends

Page 494 of 670 ends

Page 495 of 670 ends

Page 496 of 670 ends

Page 497 of 670 ends

Page 498 of 670 ends

Page 499 of 670 ends

Page 500 of 670 ends

Page 501 of 670 ends

Page 502 of 670 ends

Page 503 of 670 ends

Page 504 of 670 ends

Page 505 of 670 ends

Page 506 of 670 ends

Page 507 of 670 ends

Page 508 of 670 ends

Page 509 of 670 ends

Page 510 of 670 ends

Page 511 of 670 ends

Page 512 of 670 ends

Page 513 of 670 ends

Page 514 of 670 ends

Page 515 of 670 ends

Page 516 of 670 ends

Page 517 of 670 ends

Page 518 of 670 ends

Page 519 of 670 ends

Page 520 of 670 ends

Page 521 of 670 ends

Page 522 of 670 ends

Page 523 of 670 ends

Page 524 of 670 ends

Page 525 of 670 ends

Page 526 of 670 ends

Concord City CouncilJanuary 10, 2023

Concord City Council
January 10, 2023