HCD Pre-Submittal Letter Responses
The table below outlines the City’s edits and responses to the 2021-2029 Housing Element based on the California Department of Housing and Community Development (HCD) pre-submittal letter sent to the City on November 9, 2021.
HCD Comment City Response
A. Housing Needs, Resources, and Constraints
1. Affirmatively furthering 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).) Racial/Ethnic Areas of Concentration of Affluence (R/ECAP):
While the element reports no block groups where racial/ethnic minorities make up less than 20 percent of the population, it does report several block groups with median income over $125,000 and should include analysis of these areas relative to other block groups in the City and relative to the region. This analysis should also address identified sites by income group in these areas and whether sites affirmatively further fair housing.
Revised Appendix E “Fair Housing Assessment” to include analysis on block groups with median incomes exceeding
$125,000 and discuss the median income levels in these
block groups relative to the race.
Elaborate on the analysis of the sites affirmatively
furthering fair housing
Local Data and Knowledge: The element should consider other local data and knowledge to complete the affirmatively furthering fair housing (AFFH) analysis. Examples include input from neighborhoods such as the identified R/E CAP, knowledge from local planners and city administrators and city records and reports.
Revised the Appendix E “Fair Housing Assessment” to describe additional local data and knowledge from the City and
community members the element considered when conducting AFFH analysis.
Other Relevant Factors: The element must include other relevant factors that contribute to fair housing issues. For instance, the element can analyze historical land use, zoning and investment practices, presence of redlining, restrictive covenants, neighborhood investment or disinvestment, federal investment Revised Appendix E “Fair Housing Assessment” to include a section on “Historical Trends and Other Relevant Factors.” This section describes historical fair housing issues, such as redlining, restrictive covenants, and Culver City’s past as a Sundown Town.
HCD Pre-Submittal Letter Responses
2 such as transportation infrastructure, demographic trends or any other information that supplements the reported data and assists in a complete analysis.
Contributing Factors: Upon a full analysis of the AFFH section, the element should re-evaluate contributing factors to fair housing issues. In addition, the element lists several contributing factors, but it should also prioritize those contributing factors.
Reviewed and analyzed contributing factors to fair housing issues after considering the AFFH comments from HCD and the public.
Clarified priorities.
Goals, Actions, Metrics, and Milestones: The element must be revised to add or modify goals and actions based on the outcomes of a complete analysis. Goals and actions must specifically respond to the analysis and to the identified and prioritized contributing factors to fair housing issues and must be significant and meaningful enough to overcome identified patterns and trends.
Actions must have specific commitment, metrics, and milestones as appropriate and must address housing mobility enhancement, new housing choices and affordability in high opportunity areas, place- based strategies for community preservation and revitalization and displacement protection.
Added programs to further AFFH goals and expanded on the goals, actions, metrics, and milestones.
- 5.C: Landlord Roundtable
- 5.D – Community Conversation on Affordable Housing
- 5.E – Landlord Fair
- 5.F – Inter-Agency Agreement with HACLA
- 5.I – Landlord Incentives
- 5.J – Plan to Prevent and Combat Homelessness
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).) Housing Conditions: The element quantifies the age of the housing stock and some enforcement activities. However, it must estimate the number of units in need of rehabilitation and replacement. For example, the analysis could include estimates from a recent windshield survey or sampling, estimates from the code enforcement agency, or information from knowledgeable builders/developers, including nonprofit housing developers or organizations. For additional information, see the Building Blocks Elaborated on the City’s estimate of the number of units in need of rehabilitation and replacement (around 100 units), described in the Housing Needs Assessment Section IV ‘Housing Stock Characteristics,’ subsection ‘Housing Conditions.’ This estimate is based on the City’s Code Enforcement activities.
HCD Pre-Submittal Letter Responses
3 at http://www.hcd.ca.gov/community-development/building- blocks/housing-needs/housing-stock-characteristics.shtml.
3. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov. Code, § 65583, subd. (a)(3).) Progress in Meeting the RHNA: The City’s RHNA may be reduced by the number of new units pending, approved, permitted or built since July 1, 2021 by demonstrating availability of the projects in the planning period and affordability based on rents, sale prices or other mechanisms ensuring affordability (e.g., deed restrictions).
The element notes units affordable to lower and moderate-income households, but it must also demonstrate affordability. In addition, the element should demonstrate how all pipeline, proposed entitled and plan check units will be available in the planning period.
• Revised Appendix B “Residential Sites Inventory” to
estimate when plan check, entitled, proposed, and
pipeline projects are expected to be available during the 6th cycle eight-year timeframe.
• Added the affordability of the anticipated units by project.
Sites Inventory: The element lists several sites including single unit homes that were requested for removal by members of the public. While strategies such as the incremental infill strategy may be successful in increasing access to opportunity in high resource areas, the inventory and its figures should appropriately adjust for households requesting removal from the sites inventory. • Removed 100 properties from Appendix B “Residential
Sites Inventory” based on requests in public comments.
• Removed properties in neighborhoods that currently
prohibit accessory dwelling units due to high fire hazards and topological constraints from the Incremental Infill designation.
Realistic Capacity: While the element provides assumptions of buildout for sites included in the inventory, it must also provide support for these assumptions. The element lists some recent projects by factors such as actual density and the number of units, but it should also list the projects by affordability, zone and allowable density.
• Revised Table B-4 on Recent Residential and Mixed Use Projects to include information on affordability, zoning, density.
• Refined the estimated potential in the Incremental Infill areas based on a study of the recycling trend in single- family neighborhoods
• Provided additional supporting information on
assumptions of buildout for sites in the inventory.
HCD Pre-Submittal Letter Responses
4 In addition, the element appears to assume residential development on sites with zoning that allow 100 percent nonresidential uses. While the element mentions most of recent residential construction has occurred as part of mixed-use developments, it must still account for the likelihood of nonresidential uses. The element should include analysis based on factors such as development trends, performance standards or other relevant factors. For example, the element could analyze all development activity in these nonresidential zones, how often residential development occurs and adjust residential capacity calculations, policies, and programs accordingly.
• Added information on the likelihood of nonresidential uses.
Suitability of Nonvacant Sites: While the element includes basic information on some recent trends (pp. B6-B8), it does not explain how these trends support factors utilized to demonstrate the potential for additional development. The analysis must also consider factors including the extent to which existing uses may constitute an impediment to additional residential development, the City’s past experience with converting existing uses to higher density residential development, the current market demand for the existing use, an analysis of any existing leases or other contracts that would perpetuate the existing use or prevent redevelopment of the site for additional residential development, development trends, market conditions, and regulatory or other incentives or standards to encourage additional residential development on these sites. For example, public comments indicate that many nonvacant sites have newly established leases, new commercial development, and several environmental constraints.
In addition, the housing element relies upon nonvacant sites to accommodate more than 50 percent of the RHNA for lower income households. For your information, the housing element must demonstrate existing uses are not an impediment to additional residential development and will likely discontinue in the planning period. (Gov. Code, § 65583.2, subd. (g)(2).) Absent findings (e.g., • Elaborated on factors that may affect additional
residential development, including the condition and
placement of existing units on the site and the property owners’ interest in redevelopment or infill development, in the “Redevelopment Scenario” section in Appendix B
“Residential Sites Inventory.”
• Added information on “Conditions of Existing
Nonresidential Uses,” citing the Socio-Economic Profile and Market Analysis of Culver City’s baseline conditions as of 2019. Some updated language discusses the
feasibility of redeveloping existing nonresidential uses into residential or mixed use development.
• Elaborated on analysis on likelihood of additional
residential development by explaining Culver City’s
trends with converting uses to higher density residential, current market demand
• Reviewed public comments that identify nonvacant sites for additional consideration.
• Demonstrated that existing uses are not an impediment to additional residential development and will likely
discontinue in the planning period and included that
information in the adoption resolution.
HCD Pre-Submittal Letter Responses
5 adoption resolution) based on substantial evidence, the existing uses will be presumed to impede additional residential
development and will not be utilized toward demonstrating adequate sites to accommodate the regional housing need allocation.
Environmental Constraints: While the element generally
describes a few environmental conditions within the City, it must describe any known environmental constraints or other conditions that could impact housing development in the planning period on identified sites.
Added the “Environmental Constraints” section in Appendix B “Residential Sites Inventory,” which indicates that: sites in the inventory are within urbanized neighborhoods that have been developed already and no environmental constraints will preclude these sites from development.
Small Sites: The element identifies many sites at less than a half- acre. These sites are not eligible absent a demonstration that sites of equivalent size were successfully developed during the prior planning period for an equivalent number of lower-income housing units as projected for the site or unless other evidence is provided.
If the inventory indicates some sites can be consolidated it should also provide analysis demonstrating the potential for
consolidation. For example, the analysis could describe the City’s role or track record in facilitating small-lot consolidation, policies or incentives offered or proposed to encourage and facilitate lot consolidation, conditions rendering parcels suitable and ready for lot consolidation, or information from the owners of each aggregated site.
• Included proposal for lot consolidation in the “Housing Programs” Section.
• Moved small sites from lower-income to moderate-
income RHNA
• Discussed and analyzed the City’s track record in
facilitating small-lot consolidation
Sites Identified in Prior Planning Periods: Sites identified in prior planning periods shall not be deemed adequate to
accommodate the housing needs for lower-income households unless a program, meeting statutory requirements, requires rezoning within three years. While the element includes a program to address this requirement, the inventory should clarify which sites were identified in prior planning periods. For more information on program requirements, please see HCD’s Housing Revised Appendix B “Residential Sites Inventory” to indicate that none of previous sites are being reused in 6th cycle and that current assessor data show that these sites are not vacant.
HCD Pre-Submittal Letter Responses
6 Element Sites Inventory Guidebook at
https://www.hcd.ca.gov/community-development/housing-
element/housing-element-memos.shtml.
Infrastructure: The element generally describes infrastructure.
However, it must also demonstrate sufficient total water and sewer capacity (existing and planned) to accommodate the regional housing need by community plan area.
In addition, water and sewer service providers must establish specific procedures to grant priority water and sewer service to developments with units affordable to lower-income households. (Gov. Code, § 65589.7.) The element should discuss compliance with this requirement and if necessary, add or modify programs to establish a written procedure by a date early in the planning period.
• Revised the “Availability of Infrastructure and Water and Sewer Services” in Appendix B “Residential Sites
Inventory” to demonstrate sufficient total water and
sewer capacity to accommodate the regional housing
need.
• Explained how Culver City is not a water or sewer service provider and the City will provide a copy of the adopted Housing Element to its water and sewer service
providers.
Electronic Sites Inventory: For your information, pursuant to Government Code section 65583.3, the City must submit an electronic sites inventory with its adopted housing element. The City must utilize standards, forms, and definitions adopted by HCD.
Please see HCD’s housing element webpage at
https://www.hcd.ca.gov/community-development/housing-
element/index.shtml#element for a copy of the form and
instructions. The City can reach out to HCD at
[email protected] for technical assistance.
Added language acknowledging that the City will submit an electronic sites inventory with its adopted Housing Element.
Accessory Dwelling Units (ADU): The element describes the City’s ‘incremental infill’ strategy to increase access to opportunity in neighborhoods zoned for lower densities, such as R1 (pp. B-3 and B-4) and concludes that each of these units can be increased in capacity to three or four total units. However, the City also concludes that 400 ADU’s and Junior ADU’s will be completed during the planning period. For your information, the City may not Revised Appendix B “Residential Sites Inventory” to clarify that the two development scenarios, “Conversion/Addition,” which applies to ADUs/JADUs, and “Redevelopment,” do not duplicate the estimated units.
HCD Pre-Submittal Letter Responses
7 ‘double count’ these units and, if appropriate, should adjust its ADU projections or incremental infill projections accordingly.
Zoning for a Variety of Housing Types (Emergency Shelters):
The element mentions emergency shelters are permitted by-right in parts of the IG zone and the East Washington Boulevard Overlay zone. The element should also clarify shelters are permitted without discretionary action, discuss typical parcel sizes and the presence of reuse opportunities and any conditions inappropriate for human habitability. In addition, the element should list and evaluate the actual development standards for compliance with statutory requirements and add or modify programs as
appropriate.
Explained that the types of industrial uses typical in Culver City are mainly light industrial and creative technology, not manufacturing uses in the “Emergency Shelters” subsection under “Governmental Constraints” in the Housing Element. The sites used for emergency shelters do not pose environmental hazard issues that would make the area unsuitable for human habitation. The section also elaborates on the Zoning Code’s requirements for emergency shelters and how they comply with State law.
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). While the element does provide information on residential development standards including lot coverage, minimum unit sizes, height limits, minimum lot sizes, guest parking requirements, parking minimums, setback requirements, and maximum densities (Table 36), it must still analyze those standards as described above, specifically address minimum unit size requirements and parking provisions for live/work units and add or modify programs as appropriate. • Expanded the ‘Constraints’ section to discuss how the Zoning Code will be revised to address constraints related to development standards, including height, parking,
minimum density requirements for residential projects in multi-family neighborhoods. The “Off-Street Parking
Requirements” discuss how the parking code update that
the City is working on will consider residential density and analyze the requirements for live/work units.
• Reflected these zoning-related changes in the “Housing Programs” section (Measure 3.J “Zoning Code Review and
Amendments to Address Constraints to Housing
Production”). Measure 3.J also discusses minimum
density requirements for development in multifamily
neighborhoods and encouraging lot consolidation.
HCD Pre-Submittal Letter Responses
8 • Expanded the ‘On- and Off-Site Improvements’ Section to describe when they are required and how the Conditions
of Approval indicate the fees and standard improvements.
Fees and Exactions: The element describes planning fees and the cumulative effect of fees on a mixed-use development, but it should also include specific analysis of planning fees such as conditional use permit fees and the impact of the mobility improvement fee on ADUs.
• Revised the ‘Resources and Opportunities’ section to
discuss the effects of the City’s Commercial Linkage Fee. • Added language in the ‘Planning and Development Fees’ Section describing the City’s comprehensive fee update to reduce entitlement fees and how it is considering fee
incentives. The section also describes how the City
conducted a nexus study to compare how Culver City’s
impact fees compare to other jurisdictions and what the findings were from that.
• Clarified that affordable housing and ADUs are exempt from Mobility Improvement Fees in the ‘Mobility
Improvement Fee’ Section.
Processing and Permit Procedures: The element notes the application of the Site Plan Review, including identifying findings of approval, but it should also evaluate those findings of approval. For example, the element should evaluate findings of compatibility with the character of surrounding development, including a discussion of design guidelines. The analysis should specifically address housing cost, timing and approval certainty. In addition, the element lists approval times, but it should also evaluate those times, for example, for compliance with the Permit Streamlining Act.
• Explained that the “compatibility with character of
surrounding development” finding has never been used
to deny a housing project in the “Development Processing Procedures” subsection in the “Constraints” Section in the Housing Element.
• Described the typical permit processing timeline based on recent development projects in the ‘Timing and
Density’ Section in the Housing Element.
• Expanded on analysis on housing cost, approval certainty, and approval time relative to Permit Streamlining Act.
Persons with Disabilities: The element mentions the City has adopted a reasonable accommodation procedure but should also describe and analyze the process, including approval findings. In addition, group homes for seven or more persons appears to be subject to a conditional use permit and a minimum lot size • Included information on the City’s reasonable
accommodation procedure outlined in the Zoning Code.
• Explained how the City will evaluate requirements for residential care facility in residential zones during the Zoning Code Update process in the ‘Housing Programs’
section.
HCD Pre-Submittal Letter Responses
9 requirement of 5 acres. The element should evaluate these requirements as constraints and include programs as appropriate.
Zoning and Fees Transparency: The element must clarify its compliance with new transparency requirements for posting all zoning and development standards on the City’s website and include programs if appropriate.
Outlined the information on zoning and development standards available on the City website in the “Transparency in
Development Regulations” subsection in the “Constraints” Section in the Housing Element.
5. 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).)
The element includes data and analysis for persons with special needs. However, to better formulate policies and programs, it should also identity and analyze elderly households by tenure (renters and owners) and permanent and seasonal farmworkers at a county level (e.g., USDA Agricultural Census).
Elaborated on Culver City’s senior and farmworker households in the ‘Housing Needs Assessment’ Section VI ‘Housing Assistance Needs.’
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 through the administration of land use and development controls, the provision of regulatory concessions and incentives, and the utilization of appropriate federal and state financing and subsidy programs when available. The program shall include an identification of the agencies and officials responsible for the implementation of the various actions. (Gov. Code, § 65583, subd. (c).) To have a beneficial impact in the planning period and address the goals of the housing element, programs must be revised with discrete timelines and specific and clear commitment to outcomes.
Programs to be revised with discrete timelines (e.g., annually, Spring 2022) include Measures 1F (Affordable Housing
Development Assistance) and 4G (Hotel/Motel Conversion). • Revised Programs 1F, 2A, 4D, 4F, 4G, 6E
• Increased commitments to quantified objectives for
constructing new housing
• Included more details on the schedule for Program 2A in the ‘Housing Programs’ section.
HCD Pre-Submittal Letter Responses
10 Measures to be revised with specific and clear commitment to outcomes include:
- Program 2A (Homeless and Special Needs Housing)
should be revised with a schedule of actions to facilitate development. Action could include zoning, outreach with developers, incentives, fee waivers, priority processing and financial assistance.
- Measure 4D (ADU Ordinance) should be revised to
include additional actions beyond incentives and removing constraints if ADU and Incremental Infill assumptions are significantly mis-aligned with assumptions (e.g., rezoning) and include a completion date for alternative actions.
- Measure 4F (Affordable Housing Tools and Best
Practices) should be revised with actions beyond “explore” with a commitment to an actual housing outcome in the
planning period.
- Measure 6E (Homebuyer Assistance) should be revised
with actions beyond “explore” with a commitment to an
outcome in the planning period.
• Measure 4F. Described additional City efforts the City will commit to during the planning period, including ADU pre- approved standard plans and a Right to Return program,
the Permit Streamlining and Monitoring program that
will increase the unit threshold that triggers
discretionary site plan review, the Property Acquisition and Rehabilitation Program, and a program to explore the feasibility of establishing a Community Land. The
programs outline timelines and actions for
implementation.
• Expanded on Measure 4D.
• Clarified the City’s efforts on Measure 6E.
• Reviewed the other Housing Programs and Measures
listed and ensure they outline clear timelines and
commitments to outcomes.
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 A3, the element does not include a complete site analysis, therefore, the adequacy of sites and zoning was 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.
• Expanded the sites inventory to include additional
opportunities in mixed use areas and multi-family areas • Addressed this after revising the sites inventory based on comments received.
• Addressed the comments related to Measure 4A.
HCD Pre-Submittal Letter Responses
11 In addition, Measure 4A (Adequate Sites for RHNA) should be revised to meet all requirements pursuant to Government Code section 65583.2, subdivisions (h) and (i). For example, at least 50 percent of the lower-income need must be accommodated on sites designated for residential use only or meet other specified standards related to mixed-use development. In addition, the Measure should identify a minimum acreage to be rezoned in the planning period and commit to establish development standards that encourage achieving maximum densities and do not constrain development.
3. Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. (Gov. Code, § 65583, subd. (c)(3).) As noted in Finding A4, the element requires a complete analysis of potential governmental 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. Discussed additional governmental constraints in the
‘Constraints’ section.
Discussed how the Zoning Code will be revised to address constraints related to development standards, including height, parking, minimum density requirements for
residential projects in multi-family neighborhoods.
Included other programs necessary to remove the
constraints.
4. Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law. (Gov. Code, § 65583, subd. (c)(5).) As noted in Finding A1, the element must include a complete assessment of fair housing. Based on the outcomes of that analysis, the element must add or modify programs.
• Included more information in Appendix E “Fair Housing Assessment.”
• Described the City’s efforts to partner with nonprofit housing developers to develop and preserve affordable
housing, including low income housing projects that are
HCD Pre-Submittal Letter Responses
12 at-risk of converting to market-rate housing in the
“Public/Private Partnerships” subsection in the
“Resources and Opportunities” Section.
• Review what programs should be added or modified to
address the issues analyzed in Appendix E.
C. General Plan Consistency
The housing element shall describe the means by which
consistency will be achieved with other general plan elements and community goals. (Gov. Code, § 65583, subd. (c)(7).)
The element describes how internal consistency within the general plan will be maintained throughout the planning period, but it should also demonstrate how internal consistency was achieved as part of the housing element update.
Explained how other elements are connected and how the GPU will ensure consistency across the elements in the
“Consistency with Other Elements of the General Plan”
section in the Housing Element.
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)(8).) While the City made efforts through various workshops, moving forward, the City should employ additional methods for public outreach, particularly including lower-income and special needs households and neighborhoods with higher concentrations of lower-income and special needs households. For example, the City could conduct targeted stakeholder interviews. In addition, the element generally describes some themes from outreach efforts, but it must describe what comments were received and how they were incorporated. Particularly, HCD received many valuable comments related to the housing element review and encourages Included more information on the public participation process in the ‘Public Participation’ section in the Housing Element Appendix D “Public Participation.” Some of the revisions include elaborating on:
• The public noticing process for the Housing Element
drafts, including how it was conducted and how the City made an effort to reach various economic segments of the community;
• The public comments received and how the Housing
Element responds to them; and
• The opportunities the public had to review and provide input on the Housing Element.
• Elaborated on the public engagement process, including the efforts to reach lower-income, special needs
households, and neighborhoods with higher
HCD Pre-Submittal Letter Responses
13 the City to re-evaluate these comments and incorporate revisions where appropriate.
Finally, many commenters describe the lack of transparency regarding the availability of the draft element for public comment.
The element should specifically address this issue in future versions of the housing element. If applicable, if the City did not provide an opportunity for the public to review and comment on the draft submitted to HCD in advance of submission, the City has not yet complied with statutory mandates to make a diligent effort to encourage the public participation in the development of the element. The lack of transparent availability reduces HCD’s ability to consider public comments in its review. The availability of the document to the public and opportunity for public comment prior to submittal to HCD is essential to the public process and HCD’s review. The City must proactively make future revisions available to the public, including any commenters, prior to submitting any revisions to HCD and diligently consider and address comments, including revising the document where appropriate. HCD’s future review will consider the extent to which the revised element documents how the City solicited, considered, and addressed public comments in the element. The City’s consideration of public comments must not be limited by HCD’s findings in this review letter.
concentrations of lower-income and special needs
households throughout the process
• Included information on what the public participation process will look like through the end of the Update
process.