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 these rezones are completed.
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 Affordable Housing and Sustainable Communities program, 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 will meet 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 Clare Blackwell, of our staff, at [email protected].
Sincerely,
Paul McDougall
Senior Program Manager
Enclosure
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APPENDIX
CITY OF DEL REY OAKS
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/planning-and-community-development/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/planning-and-community-development/housing-elements/buildingblocks and includes the Government Code addressing State Housing Element Law and other resources.
A. Review and Revision
Review the previous element to evaluate the appropriateness, effectiveness, and progress in implementation, and reflect the results of this review in the revised element. (Gov. Code, § 65588 (a) and (b).)
As part of the review of programs in the past cycle, the element must provide a cumulative evaluation of the effectiveness of past goals, policies, and related actions in meeting the housing needs of special needs populations (e.g., elderly, persons with disabilities, large households, female-headed households, farmworkers, and persons experiencing homelessness).
B. Housing Needs, Resources, and Constraints
1. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in the jurisdiction. (Gov. Code, § 65583, subd. (c)(10)(A).) Enforcement: While the element discusses compliance with a few fair housing laws, it should address compliance with additional fair housing laws. Examples include the Fair Housing Act, American disabilities Act, California Fair Employment and Housing Act, Density Bonus Law, Housing Accountability Act and No-Net-Loss Law.
Local Data and Knowledge, and Other Relevant Factors: The element noted that the entire City is within one census tract and it is difficult to evaluate spatial patterns.
Therefore, the element should rely on local data, knowledge, and other relevant factors to better describe and analyze fair housing conditions (e.g., segregation and integration, access to opportunity and disproportionate housing needs). This could include knowledge from City staff, school officials, transportation planners and other local and regional planning documents, past applications for funding (e.g., disaster recovery), 164
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historical investment by areas (e.g., capital improvement program), location of amenities and services, previous community surveys, information on disasters, or other indications of access to opportunity and quality of life.
Sites and Affirmatively Furthering Fair Housing (AFFH): The element does not address this requirement. The analysis must identify whether sites improve or exacerbate conditions and whether sites are isolated by income group. 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 affects the existing patterns for all components of the assessment of fair housing (e.g., segregation and integration, access to opportunity). The element should also discuss whether the distribution of sites improves or exacerbates conditions. If sites exacerbate conditions, the element should identify further program actions that will be taken to promote equitable quality of life throughout the community (e.g., anti-displacement and place-based community revitalization strategies).
Contributing Factors: The element should re-assess and prioritize contributing factors upon completion of analysis and make revisions as appropriate.
2. Include an analysis of population and employment trends and documentation of projections and a quantification of the locality's existing and projected needs for all income levels, including extremely low-income households. (Gov. Code, § 65583, subd. (a)(1).)
Include an analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition. (Gov. Code, § 65583, subd. (a)(2).) An analysis of any special housing needs, such as those of the elderly; persons with disabilities, including a developmental disability, as defined in Section 4512 of the Welfare and Institutions Code; large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter… (Gov. Code, § 65583, subd. (a)(7).)
Extremely Low-Income Households (ELI): The element must identify the projected housing needs for ELI households. The projected housing need for ELI households can be calculated by using available census data to determine the number of very lowincome households that qualify as ELI households or presume that 50 percent of the regional housing need allocation (RHNA) for very low-income households qualify as ELI households. For additional information, see the Building Blocks at https://www.hcd.ca.gov/planning-and-community-development/housingelements/building-blocks/extremely-low-income-housing-needs. 165
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Additionally, the element must quantify the number of existing ELI households by tenure and analyze their housing needs, including overpayment, overcrowding and other characteristics, resources and strategies and the magnitude of housing needs. For additional information, see the Building Blocks at https://www.hcd.ca.gov/planning-andcommunity-development/housing-elements/building-blocks/extremely-low-incomehousing-needs.
Cost-Burdened Households: While the element quantifies cost-burdened low-income households (p. 2-12), it utilizes data from 2010. The element should be revised to include updated estimates for the number of cost-burdened households by tenure for all incomes.
Housing Conditions: While the element analyzes the age of the housing stock (p. 2-21), it must include analysis of the condition of the existing housing stock and estimate the number of units in need of rehabilitation and replacement. The element states that "since 1990, one unit was declared ‘unlivable,’ and one unit was in need of considerable rehabilitation," but should clarify where this information was sourced from and provide a recent estimate. For example, the analysis could include estimates from a recent windshield survey or sampling, estimates from the code enforcement agency, or information from knowledgeable builders/developers, including non-profit housing developers or organizations.
Special Needs Households: The element includes data and a general discussion of housing challenges faced by special needs households. However, the element must be revised to include an analysis of the existing needs and resources for each special need group including persons with disabilities including developmental disabilities, farmworkers, seniors, large households, and ELI households (also noted above). For example, the element should discuss the existing resources to meet housing needs (availability of shelter beds, number of large units, number of deed restricted units, etc.,), an assessment of any gaps in resources, and proposed policies, programs, and funding to help address those gaps.
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).)
Parcel Listing: While the element provides some generalized statements about potential income categories, it must identify the anticipated affordability level of the units for each site identified in the sites inventory (Gov. Code, § 65583.2, subd. (c).).
Unaccommodated Need from the Prior Planning Period: The City had a shortfall of 70 units to accommodate its lower-income RHNA from previous planning periods. For your information, pursuant to Government Code section 65584, for jurisdictions that did not accommodate their shortfall from the last planning period, the City must complete rezoning efforts within one year of the planning period. 166
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Suitability of Large Sites: Sites larger than ten acres 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 indicated that sites range between 20-200 acres. While the element noted that the City would only be assuming a portion of these sites, it should clarify the acreage that it will be assuming for each site. The element could also discuss whether or not a specific plan is present, timing and phasing of any current or future specific plans, provide additional description of the acreage of sub-areas, or other evidence that indicates sites of these sizes can be redeveloped into lower-income housing during the planning period. Additionally, the element should and add or modify programs to facilitate development on large sites to accommodate housing for lowerincome households.
Infrastructure: The element indicates that sites to accommodate the RHNA have adequate water and sewer capacity and planned infrastructure access. However, HCD received public comments noting that the capacity allotted to these sites through the Marina Coast Water District (MCWD) may no longer be available. The element should clarify total water and sewer capacity for these sites including any potential limitations.
Additionally, the element stated that the water and sewer infrastructure lines would need to be extended to all sites to provide access to the available capacity. While the element noted that the City has planned for infrastructure extensions through the capital infrastructure plan (CIP), the element should discuss the timing and any potential constraints with the implementation of these infrastructure improvements. Lastly, the element must include a program with a firm commitment to the infrastructure improvements, clear timelines with milestones and efforts to address any other constraints related to water and sewer capacity.
Environmental Constraints: The element noted several potential environmental constraints on sites to accommodate the RHNA including hazardous chemicals, steep grades and sensitive species. Additionally, the element noted that portions of these sites need environmental clean-up to be cleared for residential development and these sites have covenants and restrictions on residential uses from the Department of Toxic Substances Control (DTSC). The element should clarify whether the element is assuming residential capacity on the portion of the sites that also have restrictions regarding residential uses imposed by state and federal agencies. If the element is assuming capacity on the portions of the sites that have restrictions on residential uses, the element should analyze and address this constraint or remove the sites. The analysis should identify and consider the process to lift those convents as a potential constraint. Lastly, the element must include a complete analysis of the various environmental constraints noted on these sites and their impacts on potential development. The element could also consider public comments as part of this analysis.
Based on a complete analysis, the element should include programs committing to remediation of these sites and other efforts to facilitate development.
Accessory Dwelling Units (ADU): The element is projecting 20 ADUs for an average of 2 ADUs per year over the eight-year planning period to accommodate a portion of its 167
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RHNA. Additionally, 16 of the 20 ADUs are assigned to the lower-income RHNA. The projections are based off ADU building permit trends. Specifically, the element states that the City has issued eight building permits since 2020. However, HCD’s records through the City’s Annual Progress Reports (APR) indicate that the City permitted 1 ADU in 2020 and 2 in 2021. The City’s past performance on permitting ADUs do not support the projections in the inventory. The element must reconcile these figures and adjust assumptions based on a realistic estimate of the potential for ADUs and include strong policies that commit to incentivizing ADUs. Depending on the analysis, the element must commit to monitor ADU production and affordability throughout the course of the planning period and implement additional actions if not meeting target numbers anticipated in the housing element. If necessary, additional actions, should be taken in a timely manner (e.g., within six months). The degree of additional actions should be in stride with the degree of the gap in production and affordability.
Sites Inventory Electronic Form: Please note, pursuant to Government Code section 65583.3, subdivision (b), the City must utilize standards, forms, and definitions adopted by HCD when preparing the sites inventory. Please see HCD’s housing element webpage at https://www.hcd.ca.gov/planning-and-community-development/housingelements for a copy of the form and instructions. The City can reach out to HCD at [email protected] for technical assistance. Please note, upon adoption of the housing element, the City must submit an electronic version of the sites inventory with its adopted housing element to [email protected].
Zoning for a Variety of Housing Types:
• Emergency Shelters: While the element stated that the C-1 zone allows emergency shelters by-right, it must specifically indicate whether it permits emergency shelters without discretionary action. Additionally, element should describe how emergency shelter parking requirements comply with AB139/Government Code section 65583, subdivision (a)(4)(A) which generally limits parking requirements to the amount need for staff or include a program to comply with this requirement.
For your information, as of March 31, 2023, AB 2339 (2022) is now applicable to the City and must be addressed in the element. AB 2339 (2022) specifies how cities and counties plan for emergency shelters and ensure sufficient and suitable capacity. For more information, please see
https://www.hcd.ca.gov/sites/default/files/docs/planning-and-community/ab2339- notice.pdf.
• Manufactured Housing: While the element states that manufactured homes are allowed by-right on lots zoned for single family dwellings, it should clarify manufactured homes on a permanent foundation are to be allowed the in the same as single-family homes. The element must demonstrate compliance with this requirement or add or modify programs.
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• Accessory Dwelling Units (ADU): While the element notes that state law allows for ADUs to be developed on any lot that allows residential uses, the element must clarify whether the City implements this specific requirement e.g., whether the City allows ADUs in all zones that allow residential uses including nonresidential zones e.g., mixed-uses and commercial. Secondly, the element first indicates that the City implements a ministerial approval procedure for ADUs; however, also notes that the R-1 and R-2 districts require a special use permit for accessory structures (pg. 4-6). The element must clarify how the City permits ADUs including whether it requires any type of discretionary permits. Based on a complete analysis, the element may need to add or modify programs, as appropriate.
In addition, after a cursory review of the City’s ordinance, HCD discovered several areas which were not consistent with State ADU Law. HCD will provide a complete listing of ADU non-compliance issues under a separate cover. As a result, the element should add a program to update the City’s ADU ordinance in order to comply with state law. For more information, please consult HCD’s ADU Guidebook, published in December 2020, which provides detailed information on new state requirements surrounding ADU development.
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 analyze all relevant land use controls impacts as potential constraints on a variety of housing types. Specifically, the element noted that smaller bedroom units including studios and one-bedrooms are required to provide 1.75 spaces per unit (p. 4-4) and are also required to have one garage space (p. 4-5).
Requiring smaller bedroom types to provide 1.5 parking spaces is considered a constraint. Additionally, the element must analyze covered parking requirements for impacts on cost, supply, housing choices, affordability and achieving maximum densities. The element must include a program committing to reducing parking requirements for smaller bedroom types (e.g., one space per one-bedroom unit).
Fees and Exaction: The element includes a listing for most fees for development and states that on average, fees do not constitute no more than ten percent of total development costs. However, the element should clarify whether the calculation considered various impact fees (water, sewer, school, etc.,) as part of that estimate. If not, the analysis should include the percentage of total development costs including all fees such as impact fees.
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Local Processing and Permit Procedures: The element demonstrated that multifamily is only allowed with a use permit in any zone that allows multifamily development. In addition, the use permit generally requires planning commission and city council approval and design review. Further, the element illustrated potential constraints by requiring multifamily housing to meet subjective findings such as impacts on “morals, comfort and convenience”. For your information, subjecting multifamily housing to a conditional use permit (CUP) in zones where multifamily housing is already permitted is considered a constraint. The element must include or modify a program addressing and removing or modifying the CUP for multifamily housing in zones that are intended to permit multifamily housing.
Finally, the element should address public comments on this revised draft submittal and discuss compliance with the Permit Streamlining Act and intersections with CEQA and timing requirements, including streamlining determinations and add or modify programs as appropriate.
Design Review: The element should clearly explain whether design review is optional or required for areas intended for residential uses and whether there are established development standards. Additionally, the element must describe and analyze the design review guidelines and process, including approval procedures and decision-making criteria, for their impact as potential constraints on housing supply and affordability. For example, the analysis could describe required findings and discuss whether objective standards and guidelines improve development certainty and mitigate cost impacts. The element must demonstrate this process is not a constraint or it must include a program to address this permitting requirement, as appropriate.
Constraints on Housing for Persons with Disabilities: The element included Program D.2 (Persons with Disabilities) committing to allowing group homes of seven or more in specific zones. However, zoning should simply implement a barrier-free definition of family instead of subjecting potential persons with disabilities to special regulations such as the number of persons, parking requirements, population types and licenses. These housing types should not be excluded from residential zones, most notably low-density or single-family zones, which can constrain the availability of housing choices for persons with disabilities. Requiring these housing types to obtain a special permits and potentially subjecting housing for persons with disabilities to higher discretionary standards is generally considered a constraint. The element must be revised with program(s) committing to allowing group homes of seven or more in any zone that permits residential uses and only subject to those restrictions that apply to similar residential uses. Please see HCD’s for more info
https://www.hcd.ca.gov/sites/default/files/docs/planning-and-community/group-hometechnical-advisory-2022.pdf.
5. An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including… …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 170
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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).)
Approval Times and Lesser Density Requests: The element must include analysis of requests to develop housing at densities below those identified and the length of time between receiving approval for a housing development and submittal of an application for building permits. The analysis should address any hinderances on the jurisdiction’s ability to accommodate RHNA by income category and include programs as appropriate.
C. Housing Programs
1. Include a program which sets forth a schedule of actions during the planning period, each with a timeline for implementation, which may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the Housing Element... (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 quantified objectives.
This is especially important since most of these programs are being recycled from prior planning periods and indicated little progress or outcomes as noted in the review and revise section of the housing element. Programs that need to be modified with timelines, specific commitments and quantified metrics include Program A.2 (Mixed-use Zoning), A.3 (Small Lot Development), B.2 (Facilitate Affordability), B.3 (Housing Choice Vouchers). In addition, programs should be revised, as follows:
• Program A.2 (Mixed-use Zoning) and B.1 (Develop Inclusionary) commits to researching and providing a report; however the element needs to include timelines committing to take actions on the outcomes of these reports. • Program B.3 (Housing Choice Vouchers) commits to providing pamphlets on specific issues but needs to include a timeline for when these pamphlets will be developed.
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 171
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occupancy units, emergency shelters, and transitional housing. (Gov. Code, § 65583, subd. (c)(1).)
As noted in Finding B3, the element does not include a complete site analysis; therefore, the adequacy of sites and zoning were not established. Based on the results of a complete sites inventory and analysis, the 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:
Program A.1 – Shortfall Rezone Program: The element describes a shortfall of sites and indicates rezoning will occur to accommodate the RHNA. In addition, the City has an unaccommodated need from the 4th and 5th cycle of 70 lower-income units. While the element includes Program A.1, it must specifically commit to acreage, allowable densities, anticipated units and affordability.
In addition, the rezone program must be revised to include all the provisions of Government Code section 65583.2, subdivisions (h) and (i), as follows:
• permit owner-occupied and rental multifamily uses by-right for developments in which 20 percent or more of the units are affordable to lower-income households.
By-right means local government review must not require a CUP, planned unit development permit, or other discretionary review or approval; • accommodate a minimum of 16 units per site;
• require a minimum density of 20 units per acre; and
• at least 50 percent of the lower-income need must be accommodated on sites designated for residential use only or on sites zoned for mixed uses that accommodate all the very low- and low-income housing need, if those sites:
o allow 100 percent residential use, and
o require residential use to occupy 50 percent of the total floor area of a mixed-use project.
In addition, the recent California appellate decision in Martinez v. City of Clovis found that while overlays can be used in a rezone, when the base zone allows residential development, both the base zone and the overlay zone must comply with the minimum density requirements of Government Code section 65583.2, subdivision (h). The City should address how the City’s rezone program(s) will address these requirements, if applicable. Based on the analysis, the element may need to adjust Program A.1.
Publicly Identified Sites: The element identified the Fort Ord sites to accommodate the City’s 4th, 5th and 6th cycle RHNA. This site is an integral part of the addressing most of the City’s RHNA including the lower-income RHNA and RHNA from the last planning period. The site is owned by the City; therefore, providing a unique opportunity to provide much needed affordable housing. As such, the element needs to include significant actions to facilitate and encourage development on this site. The element should include a program with numerical objectives that ensures compliance with the Surplus Land Act if applicable, provides incentives and actions along with a schedule to 172
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facilitate development of this site. Actions should include outreach with developers, issuing requests for proposals, incentives, fee waivers, priority processing and financial assistance.
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 moderateincome households. (Gov. Code, § 65583, subd. (c)(2).) While the element includes Programs B.2 and B.6 to assist in the development of affordable units, it must also include a program(s) with specific actions and timelines to assist in the development of housing for ELI households and farmworkers. The program(s) could commit the City to adopting priority processing, granting fee waivers or deferrals, modifying development standards, granting concessions and incentives for housing developments that include units affordable to ELI households; assisting, supporting or pursuing funding applications; and outreach and coordination with affordable housing developers; developing procedures to encourage and facilitate SRO development in the allowable district.
4. Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. (Gov. Code, § 65583, subd. (c)(3).) As noted in Findings B4 and B5 the element requires a complete analysis of potential governmental and nongovernmental constraints. Depending upon the results of that analysis, the City may need to revise or add programs and address and remove or mitigate any identified constraints. In addition, the element should be revised, as follows:
Program C.1 – Review Constraints: This Program indicated that it would update the zoning ordinance to comply with SB 35; however, the objective of this Program states it will review and revise as needed. However, complying with SB 35 is required. The element should include a firm commitment to establishing processes and procedures for SB 35.
Reasonable Accommodation: The element noted that the City does not have a formal reasonable accommodation process and uses a variance to process requests. While the analysis indicated that the element includes programs committing to establishing a formal written reasonable accommodation procedure (p. 4-14), the element did not include any corresponding programs. The element must include or modify program(s) committing to establishing an objective written reasonable accommodation procedures.
5. Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, 173
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sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics... (Gov. Code, § 65583, subd. (c)(5).)
As noted in Finding B1, the element requires a complete AFFH 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, placebased strategies for community preservation and revitalization and displacement protection.
D. Quantified Objectives
Establish the number of housing units, by income level, that can be constructed, rehabilitated, and conserved over a five-year time frame. (Gov. Code, § 65583, subd. (b)(1 & 2).)
The element must include quantified objectives to establish an estimate of housing units by income category that can be constructed, rehabilitated, and conserved over the planning period. While the element includes these objectives by income group for very low-, low-, moderate- and above-moderate income, the element must also include objectives for ELI households.
In addition, while the element includes quantified objectives for new construction, it did not include objectives for units that will be conserved or rehabilitated during the planning period because the City does not have any at-risk units. However, quantified objectives are not limited to at-risk preservation. Conservation and rehabilitation objectives may include the variety of strategies employed by the City to promote tenant stability, code enforcement and repair programs that conserve the housing stock. The element should include quantified objectives for rehabilitation and conservation across income categories. For more information, please see https://www.hcd.ca.gov/planning-and-communitydevelopment/housing-elements/building-blocks/program-overview-and-quantifiedobjectives. 174
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6th Cycle Housing Element Update – Appendix A
AffirmaƟvely Furthering Fair Housing (AFFH)
Assessment
July November 2023
Prepared by Denise Duffy & Associates
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Table of Contents – Appendix A
Affirma�vely Furthering Fair Housing (AFFH) Assessment
Introduc�on ...............................................................................................................................................A-1 Data Sources ..............................................................................................................................................A-2 Report Content and Organiza�on ............................................................................................................A-43 Compliance with Fair Housing Laws & Regula�ons.................................................................................A-43 Fair Housing Assessment .......................................................................................................................A-754 A. Fair Housing Enforcement and Outreach Capacity.............................................................A-745 Fair Housing Legal Cases and Inquiries........................................................................A-746 Outreach and Capacity.................................................................................................A-746 Regional and Local Paterns and Trends ......................................................................A-856 Local Trend...............................................................................................................A-12810 Conclusions and Summary of Issues for Fair Housing Enforcement and Outreach Capacity....................................................................................................A-13910 B. Segrega�on and Integra�on ...........................................................................................A-13911 Regional and Local Paterns and Trends ..................................................................A-13911 Conclusions and Summary of Issues for Segrega�on and Integra�on...................A-262022 C. Racially and Ethnically Concentrated Areas of Poverty and Affluence.........................A-262022 Regional and Local Paterns and Trends ................................................................A-292325 Conclusions and Summary of Issues for Racially and Ethnically Concentrated Areas of Poverty (R/ECAP) and Affluence (RCAA)............................................................A-322325 D. Dispari�es in Access to Opportunity ............................................................................A-322628 Local Paterns and Trends......................................................................................A-332729 Employment/Job Access........................................................................................A-342729 Health/Environmental............................................................................................A-362931 Educa�on ...............................................................................................................A-383133 Transporta�on........................................................................................................A-393234 Dispari�es in Access to Opportunity for Persons with Disabili�es........................A-443538 Paterns in Dispari�es in Access to Opportunity....................................................A-453740 E. Dispropor�onate Housing Needs and Displacement Risk............................................A-453740 Cost Burden and Severe Cost Burden ....................................................................A-463740 Overcrowding.........................................................................................................A-473841 Substandard Housing .............................................................................................A-483942 Homelessness ........................................................................................................A-494043 Extremely -Low- Income Households ............................................................................A-52 Elderly/Seniors………………………………………………………………………………………………………….A-54 180
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Farmworkers..................................................................................................................A-54 Displacement .........................................................................................................A-554245 F. Analysis of Contribu�ng Factors and Fair Housing Priori�es and Goals.......................A-564245 Fair Housing Issues, Contribu�ng Factors and Meaningful Ac�ons...............................A-56 Sites Inventory ...............................................................................................................A-63 Figures
Figure A1 City of Del Rey Oaks Census Tract Boundaries...............................................................A-32 Figure A2 Racial Segrega�on and Integra�on ........................................................................A-161113 Figure A3 Percentage of Children in Married Couple Households.........................................A-191416 Figure A4 Percentage of Popula�on Living Alone ..................................................................A-201517 Figure A5 Children in Female Householder No Spouse Present............................................A-221719 Figure A6 Percentage of Popula�on With a Disability ...........................................................A-251921 Figure A7 Median Income......................................................................................................A-272123 Figure A8 Poverty Status........................................................................................................A-282224 Figure A9 Racially Concentrated Areas of Affluence..............................................................A-302426 Figure A10 COG Geography CTCAC/HCD Opportunity Map – Composite Score......................A-312527 Figure A11 Monterey County Coastal Ci�es Inflow/Ou�low Commute Paterns....................A-352931 Figure A12 CalEnviroScreen 4.0 ...............................................................................................A-373032 Figure A13 Educa�onal Atainment in Del Rey Oaks and Surrounding Areas..........................A-393234 Figure A14 Housing and Transporta�on Index.........................................................................A-423436 Figure A15 High Quality Transit Stops......................................................................................A-433639 Figure A16 Census Tract 134 and Census Tract 141.09 Boundaries.................................................A-67 Tables
Table A1 FHEO Inquiries for City of Del Rey Oaks (HUD, 2013-2022).........................................A-857 Table A2 Monterey County FHEO Discrimina�on Cases 2006-2020...........................................A-975 Table A3 Demographics of HACM Wai�ng Lists (2015) ..............................................................A-986 Table A4 Project Based Voucher Alloca�on..............................................................................A-1097 Table A5 Del Rey Oaks Ethnicity and Racial Composi�on, 2020...............................................A-1410 Table A6 Del Rey Oaks Households by Type, 2020 ...................................................................A-1712 Table A7 Household Size by Tenure, Del Rey Oaks, 2020 .........................................................A-1813 Table A8 Female Headed Households, 2020 ........................................................................A-211618 Table A9 Persons with Disabili�es Profile for Area Ci�es (2016-2020).................................A-211618 Table A10 Persons with Disabili�es in Del Rey Oaks by Age and Type, 2020 .........................A-231820 Table A11 Households by Income, 2020.................................................................................A-231820 Table A12 Domains and List of Indicators for Opportunity Maps...........................................A-332729 181
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Table A13 Del Rey Oaks Employment Forecast, 2022.............................................................A-342830 Table A14 Households by Income, 2020 Data Es�mates........................................................A-463841 Table A15 Overcrowding by Tenure, Del Rey Oaks, 2020 ...........................................................A-4739 Table A16 Del Rey Oaks Housing Stock by Year Constructed..................................................A-483942 Table A17 Age of Housing Stock (2016-2020).........................................................................A-484043 Table A18 Homeless Persons by Shelter Status, 2022 ............................................................A-494144 Table A19 Contribu�ng Factors & Ac�ons..................................................................................A-5146 Table A20 Distribu�on by Income Group........................................................................................A-53 Table A21 Households by Income, 2020 Data Es�mates................................................................A-53 Table A22 Fair Housing Issues and Contribu�ng Factors................................................................A-56 Table A23 Contribu�ng Factors & Ac�ons......................................................................................A-59 Table A24 AFFH Sites Inventory Analysis........................................................................................A-68 182
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APPENDIX A - AFFIRMATIVELY FURTHERING FAIR HOUSING (AFFH) ASSESSMENT Introduction
In 2018, Governor Brown signed Assembly Bill (AB 686) requiring all public agencies in the state to Affirmatively Further Fair Housing (AFFH) beginning January 1, 2019. The new requirements went into effect on January 1, 2019 and required all public agencies to “administer programs and activities relating to housing and community development in a manner that affirmatively furthers fair housing, and take no action inconsistent with this obligation”. AB 686 defined “affirmatively further fair housing” to mean “taking meaningful actions, in addition to combat discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity” for persons of color, persons with disabilities, and other protected classes. The Bill added an assessment of fair housing to the Housing Element which includes the following components:
• A summary of fair housing issues and assessment of the jurisdiction’s fair housing enforcement and outreach capacity;
• An analysis of segregation patterns, disparities in access to opportunities, and disproportionate housing needs;
• An assessment of contributing factors; and
• An identification of fair housing goals and actions.
The AFFH rule was originally a federal requirement applicable to entitlement jurisdictions (with population over 50,000) that can receive Department of Housing and Urban Development (HUD) Community Planning and Development (CPD) funds directly from HUD. Before the 2016 federal rule was repealed in 2019, entitlement jurisdictions were required to prepare an Assessment of Fair Housing (AFH) or Analysis of Impediments to Fair Housing Choice (AI). AB 686 states that jurisdictions can incorporate findings from either report into the Housing Element.
The County of Monterey Analysis of Impediments to Fair Housing Choice 2019 (2019 AI Report) was developed to provide an overview of laws, regulations, conditions, or other possible obstacles that may affect an individual’s or a household’s access to housing. The AI report covers the City of Del Rey Oaks, and includes the jurisdictions of Monterey, Salinas, and Seaside. Del Rey Oaks is covered under the Monterey Urban County Entitlement Area, which is comprised of the cities of Del Rey Oaks, Gonzales, Greenfield, Sand City (participating cities), and the unincorporated areas of Monterey County. 1 The
Housing Authority County of Monterey (HACM) was also a collaborating entity in the AI study. HACM is a public agency that provides rental assistance and develops and manages affordable housing throughout Monterey County.
1 Monterey County Analysis of Impediments to Fair Housing Choice, 2019. https://files.monterey.org/Document%20Center/CommDev/Housing%20Programs/Plans%20&%20Reports/FINAL-MontereyCounty-AI-Report.pdf (Monterey County 2019 AI Report link). 184
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AB 686 also creates new requirements for housing elements due on or after January 2021, including (1) outreach to community stakeholders in the housing element public participation process, (2) an assessment of fair housing practices, (3) an analysis of the relationship between available sites and areas of high or low resources, and (4) concrete actions and programs to affirmatively further fair housing. This analysis also considers issues raised through public comments, local knowledge, and an assessment related to the regional history and physical form of the City of Del Rey Oaks. As the City is small in size and population, and thus, local knowledge, history and background provide relevant context for the existing built form and history of growth. The physical setting is key to understanding the character of the city and constraints to development.
Data Sources
This analysis relies on the following data sources: California Department of Housing and Community Development (HCD) AFFH Data Viewer Version 2.0, California Department of Transportation (Caltrans), California Tax Credit Allocation Committee (TCAC), Center for Neighborhood Technology (CNT), 2023 Environmental Protection Agency (EPA) Smart Location Database, Housing Authority of the County of Monterey (HACM), 2019 Monterey County Analysis of Impediments to Fair Housing Choice (2019 AI Report), 2021 Office of Environmental Health Hazard Assessment (OEHHA) CalEnviroScreen Version 4.0, U.S. Department of HUD 2019, 2020 and 2021 AFFH Data, 2020 U.S. Census, 2016-2020 and 2017-2021 American Community Survey (ACS) (5-Year Estimates), HUD Comprehensive Housing Affordability Strategy (CHAS) Data based on the 2015-2019 ACS. Much of the data provided by HUD for the purpose of AFFH analysis is based on this collective information. The 2023-2031 Housing Element Update Assessments of Fair Housing for the City of Monterey and City of Seaside were also referenced for regional comparisons.
As shown in Figure A1, the City of Del Rey Oaks is within three 2020 U.S. Census Tracts. The primary and only populated census tract is Tract 134. The other two tracts include unpopulated portions of the city within larger areas. The northeast portion of the City is part of tract 141.09 and includes portions of Seaside and former Fort Ord. A small southern eastern portion of the City is in tract 132 and is shared with the City and County of Monterey. Both of these tracts are unpopulated within the Del Rey Oaks’ boundaries.
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Figure A1 City of Del Rey Oaks Census Tract Boundaries
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Report Content and Organization
As guided by HCD, this AFH is organized by the following five topics. This AFH follows the April 2021 California Department of Housing and Community Development Guidance Memorandum for AFFH. • Fair Housing Enforcement and Outreach Capacity reviews lawsuits/enforcement actions/complaints against the jurisdiction; compliance with state fair housing laws and regulations; and jurisdictional capacity to conduct fair housing outreach and education. • Integration and Segregation identifies areas of concentrated segregation, degrees of segregation, and the groups that experience the highest levels of segregation. • Racially and Ethnically Concentrated Areas of Poverty (R/ECAP) reviews racially/ethnically concentrated areas of poverty (R/ECAPs) and racially concentrated areas of affluence (RCAAs) as a focus of fair housing policies to ensure housing is integrated. • Disparities in Access to Opportunity examines differences in access to education, transportation, economic development, and healthy environments.
• Disproportionate Housing Needs and Displacement Risk identifies which groups have disproportionate housing needs including displacement risk.
Compliance with Fair Housing Laws & Regulations
The City is committed to comply with the Federal Fair Housing Act (FHA) and the California Fair Employment and Housing Act (FEHA), including FEHA Regulations, protect residents from discrimination on the basis of race, color, religion, national origin, sex/gender, handicap/disability, familial status, marital status, ancestry, source of income, sexual orientation, and arbitrary discrimination, as included in the 2019 AI Report. Additional fair housing laws applicable to California jurisdictions includeare noted below, the City’s compliance with these laws, as applicable, is also provided:
• Unruh Civil Rights Act – Protects residents from discrimination by all business establishments in California, including housing and accommodations. The City complies with the Unruh Civil Rights Act through coordination with the California Department of Fair Employment in Housing (DFEH) regarding fair housing complaints.
• Ralph Civil Rights Act (California Civil Code Section 51.7) – forbids acts of violence or threats of violence on the basis of race, color, religion, ancestry, national origin, age, disability, sex, sexual orientation, political affiliation, or position in a labor dispute. The City complies with the Ralph Civil Rights Act through coordination with the DFEH regarding fair housing complaints, housing referrals, and working with local agencies.
• Bane Civil Rights Act (California Civil Code Section 52.1) – protects residents from interference by force or threat of force with an individual’s constitutional or statutory rights, including a right to equal access to housing. The City complies through enforcement of the Unruh Civil Rights, Bane Civil Rights Act, and Ralph Civil Rights Acts addressed above. 187
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• California Civil Code Section 1940.3 – prohibits landlords from questioning potential residents about their immigration or citizenship status. The City complies with California Civil Code Section 1940.3 through coordination with HUD Office of Fair Housing and Equal Opportunity (FHEO) fair housing inquiries and cases.
• Government Code Sections 11135, 65008, and 65580-65589.8 – prohibit discrimination in programs funded by the State and in any land use decisions. 65580-65589.8 was recently changed for the provision of special needs housing through:
o Housing for persons with disabilities (SB 520);
o Housing for homeless persons, including emergency shelters, transitional housing, and supportive housing (SB 2);
o Housing for extremely low-income households, including single-room occupancy units (AB 2634); and
o Housing for persons with developmental disabilities (SB 812).
The City complies with SB 2 through the City’s Zoning Ordinance Chapter 17.80 Emergency Shelters, through continuing to report on homeless count and continued review of the ordinance to ensure there is adequate capacity and sites which are suitable for the development of emergency shelters (ongoing Program D.4). The City zoning ordinance does require revision to allow transitional and supportive housing in the same way other residential uses are allowed in all zoning districts allowing residential uses, which is both ongoing and proposed through Programs D.5 and D.6 to as well as Program C.3.
The City complies with AB 2634 by projecting the number of extremely low-income housing needs for the purposes of the Housing Element using the 50% method (assuming 50% of very lowincome units as extremely low-income). The City will further comply with AB 2634 through Program C.3 to amend the Zoning Ordinance to conditionally permit single-room occupancy housing.
The City complies with anti-discrimination requirements through the City’s programs and the City’s procurement protocols. Additionally, ongoing programs facilitate housing for all households, including protected classes (e.g., programs regarding residential care facilities, reasonable accommodation, and emergency shelters). The City has limited housing development as noted but does ensure compliance with land use decisions and housing for special needs. The City’s Emergency Shelter ordinance reduces constraints on the development of emergency shelters in compliance with SB 2. City policies programs facilitate and encourage the development of rental and ownership units. Programs facilitate the provision of housing for special needs groups, including the elderly and disabled (D.2). New Program D.7 proposes the adoption of a universal design element for new development, particularly for the elderly and disabled. New Program D.9 will require the City to draft, review, and adopt a Reasonable Accommodation Ordinance.
• Fair Housing Act (FHA) – The Fair Housing Act, as amended in 1988, requires that cities and counties provide reasonable accommodation to rules, policies, practices, and procedures where 188
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such accommodation may be necessary to afford individuals with disabilities equal housing opportunities. Reasonable accommodation provides a basis for residents with disabilities to request flexibility in the application of land use and zoning regulations or, in some instances, even a waiver of certain restrictions or requirements from the local government to ensure equal access to housing opportunities. The City staff takes into consideration the provisions of the California Americans with Disabilities Act (Cal ADA) in the review and approval of housing projects and grants modifications and deviations from the Zoning Code to accommodate the needs of persons with disabilities. Additionally, the draft Housing Element Program D.9 commits the City to adopt a Reasonable Accommodation Ordinance.
• Rehabilitation Act of 1973 – prohibits discrimination on the basis of disability in programs conducted by federal agencies, in programs receiving federal financial assistance, in federal employment and in the employment practices of federal contractors. The City complies with the Rehabilitation Act through its accessibility protocols, administered and enforced by the City’s Building Inspector.
• American Disabilities Act (ADA) – prohibits discrimination based on disability, requires covered employers to provide reasonable accommodations to employees with disabilities, and imposes accessibility requirements on public accommodations. The City complies with the ADA through building permit review and issuance and as described in this Fair Housing Assessment (see Section B Persons with Disabilities below).
• California Fair Employment and Housing Act (FEHA) and FEHA Regulations – provides protection from harassment or discrimination in employment based on age, ancestry, color, creed, denial of family and medical care leave, disability, medical condition, marital status, national origin, race, religion, sex, and sexual orientation. The FEHA also prohibits discrimination in housing because of a person’s disability. The City complies with the FEHA and its regulations through adherence to established City protocols for hiring and decision making, mandatory trainings for City staff, and legal counsel and advisement.
• Government Code Section 65302.8 (Limits on Growth Control) – requires counties and cities limiting the number of annually-constructed housing units to justify reducing the housing opportunities of the region. The City complies with Government Code Section 65302.8 as it has no growth control measures.
• Government Code Section 65863 (No-Net-Loss Law) – ensures development opportunities remain available throughout the planning period to accommodate a jurisdiction’s regional housing need allocation (RHNA), especially for lower- and moderate- income households. The City has documented compliance with sufficient capacity for RHNA and will ensure compliance with nonet-loss via programs as noted in Program A.1. • Government Code Section 65915 (Density Bonus Law) – encourages applicants to construct affordable housing units in exchange for an increase in density in a residential or mixed-use housing project, as long as the project includes a certain percentage of affordable units at specified levels of affordability. The City does not currently have a density bonus ordinance but complies with provisions of the Density Bonus Law as noted in Program B.5. 189
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FAIR HOUSING ASSESSMENT
A. Fair Housing Enforcement and Outreach Capacity
The first topic of the AFH is an assessment of the jurisdiction’s fair housing enforcement and outreach capacity. Pursuant to the California Fair Employment and Housing Act [Government Code Section 12921 (a)], the opportunity to seek, obtain, and hold housing cannot be determined by an individual’s “race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, genetic information, or any other basis prohibited by Section 51 of the Civil Code.” Fair Housing Legal Cases and Inquiries
California fair housing law extends beyond the protections in the Federal FHA. In addition to the Federal FHA protected classes—race, color, ancestry/national origin, religion, disability, sex, and familial status— California law offers protections for age, sexual orientation, gender identity or expression, genetic information, marital status, military or veteran status, and source of income (including federal housing assistance vouchers).
The California Department of Fair Employment in Housing (DFEH) was established in 1980 and is now the largest civil rights agency in the United States. According to their website, the DFEH’s mission is, “to protect the people of California from unlawful discrimination in employment, housing and public accommodations (businesses) and from hate violence and human trafficking in accordance with the Fair Employment and Housing Act (FEHA), Unruh Civil Rights Act, Disabled Persons Act, and Ralph Civil Rights Act”.
DFEH receives, evaluates, and investigates fair housing complaints. DFEH plays a particularly significant role in investigating fair housing complaints against protected classes that are not included in federal legislation and therefore not investigated by HUD. DFEH’s website provides detailed instructions for filing a complaint, the complaint process, appealing a decision, and other frequently asked questions. Fair housing complaints can also be submitted to HUD for investigation.
This section discusses fair housing legal cases and inquiries, fair housing protections and enforcement, and outreach capacity.
Outreach and Capacity
The website for the City of Del Rey Oaks does not provide information about local fair housing resources, entities, or assistance. The website links to the Code of Ordinances, hosted by Municode. Links to the HACM, 2-1-1 Monterey County, HCD, and local non-profit organizations would benefit City residents and improve the effectiveness of the City’s website. The website should also more transparently describe what steps residents should take if they feel they have faced discrimination and are seeking information about filing complaints by providing links to fair housing resources.
Fair housing outreach and education is imperative to ensure that those experiencing discrimination know when and how to seek help.
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To gather input on the AFFH, publicly noticed meetings were held starting in March 2023 and continuing throughout the development and review of the Housing Plan and this AFFH Assessment, as shown in the list of meetings and public comments (Appendix B). Meeting invitations were widely distributed and included engagement and invitations to community partners working on housing for special needs, as well as housing advocacy partners, including the United Way, ECHO Housing, and Community Human Services (CHS). The meetings were publicized through the City’s website, and notices were emailed to the organizations from the contact list of partners and service organizations the City has compiled from past stakeholder and community meetings related to housing, as shown in Appendix B-1. At all meetings, the attendees were encouraged to share their perspective on the challenges for housing in the City. Appendix B provides a full list of public comments received during the hearings and workshops conducted as well as how the Housing Element Update programs integrated the public comments into the Housing Element and this AFFH Assessment. Public comments addressed the need to actively promote project-based partnerships with community housing developers to promote affordable housing; add programs to develop the Universal Design program; create housing, particularly housing suitable for seniors and persons with disabilities; and desire to integrate below market rate and other affordable "set aside" units into proposed developments to ensure that new affordable residences are integrated so all income levels of housing.
Regional and Local Patterns and Trends
Regional and local patterns and trends are identified through data on public housing buildings and Housing Choice Vouchers in the City, as well as interviews with regional stakeholders whose service areas include the City of Del Rey Oaks. Maps and data tables of public housing buildings and Housing Choice Vouchers in and around the City provide information to identify any areas of concentration of affordable housing in the County.
The HUD Office of Fair Housing and Equal Opportunity (FHEO) records fair housing inquiries and cases for local governments. FHEO inquiries are not official discrimination cases but can be used to identify possible discrimination concerns. The Federal bases for alleged discriminator acts are race, color, national origin, religion, sex, disability, familial status and retaliation for filing a fair housing complaint. A single case may have multiple bases. As seen in Table A1, Del Rey Oaks received 0.62 FHEO inquiries per 1,000 people in the area from 2013-2022.
Table A1
FHEO Inquiries for City of Del Rey Oaks (HUD, 2013 - 2022) Inquiry Type # of Inquiries
Total Inquiries 1
No Basis Given 1
Sex Basis 0
Retaliation Basis 0
Religion Basis 0
Race Basis 0
National Origin Basis 0
Color Basis 0
Disability Basis 0
Familial Status Basis 0
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Table A1
FHEO Inquiries for City of Del Rey Oaks (HUD, 2013 - 2022) Inquiry Type # of Inquiries
Population (ACS, 2021) 1,616
Per 1,000 people quotient 1.62
Number of Inquiries per 1,000 people 0.62
Source: HCD AFFH 2.0 Data Viewer, May 2023
Table A2
Monterey County FHEO Discrimination Cases 2006-2020
Basis Cases Percent
Race 15 9.9%
Disability 74 48.7%
Familial Status 30 19.7%
Sex 23 15.1%
Religion 6 4.0%
Retaliation 16 10.5%
Total 152 100%
Source: HCD AFFH 2.0 Data Viewer and HUD, 2020.
Jurisdictions adjacent to Del Rey Oaks, including Seaside and Monterey, had similar proportions of FHEO inquiries. Table A2 shows fair housing cases filed by FHEO from 2006 to 2020 in the county of Monterey.
Among the cases countywide, most were related to disabilities (74 instances), familial/marital status (30 instances), and sex (23 instances).
The Housing Authority County of Monterey (HACM) provides rental assistance, develops, and manages affordable housing throughout Monterey County. The Housing Choice Voucher Program (HCV), formerly known as “Section 8”, provides assistance for very low-income households (single or family), the elderly, and the disabled to afford decent, safe, and sanitary housing in the private market. The Housing Choice Voucher is a rent subsidy program that helps lower income (up to 50 percent of area median income, or AMI) families and seniors pay rents in private units. Voucher recipients pay a minimum of 30 percent of their income toward their contract rent, and the local housing authority pays the difference through federal funds up to the payment standard (fair market rent) established by the HACM. The HACM administers the Housing Choice Voucher program on behalf of jurisdictions within Monterey County. The demographics of HACM Waiting Lists are presented below in Table A3. According to the 2019 AI Report, as of 2017, 3,077 households in Monterey County were receiving Housing Choice Vouchers (HCV). The racial/ethnic composition of the voucher recipients indicated: 25.8 percent White; 6.7 percent Black; 2.8 percent Asian; and 64.1 percent Hispanic.2 In the fiscal year beginning July 2022, HACM has an allocation of 4,771 HCVs.3
Table A3
Demographics of HACM Waiting Lists (2015)
Housing Choice Vouchers Public Housing2
Number of Families on Waiting List 1,459 6,521
Extremely Low Income (0-30% AMI)1 70% 80%
2 Monterey County Analysis of Impediments to Fair Housing Choice, 2019. 3 HACM, 2022. PHA Annual Plan FY July 2022.
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Table A3
Demographics of HACM Waiting Lists (2015)
Housing Choice Vouchers Public Housing2
Very Low Income (31-50% AMI) 27% 18%
Low Income (51-80% AMI) 6% 3%
Families with Children 82% 76%
Elderly Families 6% 7%
Families with Disabilities 9% 14%
Race:
White 82% 77%
Black 13% 8%
Asian 2% 2%
American Indian/Native Hawaiian 3% 13%
Unknown/Multiple 1% 13%
Ethnicity:
Hispanic 69% 74%
Non-Hispanic 31% 24%
Notes:
1. Housing Authority income categories are named differently than the CDBH program.
2. The HACM completed conversion of all public housing units into project-based rental assistance program. Due to lag time in transition the data from public housing, no new data is available at this time.
Source: Housing Authority County of Monterey, Five-Year and Annual Plan, 2015.
In addition to the Housing Choice Voucher program, HACM owns and manages over 1,000 units of affordable rental housing throughout the County. Most of these units were originally developed as public housing units. However, beginning in 2015, HACM initiated the process of converting the public housing developments into project-based rental assistance units. That conversion process has been completed.
As of July 2015, 1,459 households were on the Housing Choice Voucher waiting list and 6,521 households were on the Public Housing waiting list.
Project Based Vouchers (PBV) are a component of HACM’s Housing Choice Voucher Program. Under the project-based program, the Housing Authority enters into an assistance contract with the landlord for specified units and for a specified term. The allocation of HACM Project-Based Vouchers is presented below in Table A4. The Housing Authority refers families from the waiting list to the project landlord to fill vacancies. The HACM continues to expand its use of Project-Based Vouchers in supporting the development and expansion of affordable housing throughout Monterey County. The agency continues to work in partnership with housing developers by providing project-based vouchers. The following projects have completed their requirements or have entered a Housing Assistance Payment (HAP) contract with the agency or are pending PBV requirements: Villa Del Monte, Catalyst A-E and Casanova Plaza Apartments, East Garrison Apartments and Nuevo Amanecer, Salinas Homekey, Greenfield Commons I, Greenfield Commons II, Lightfighter Village and Magnolia Place Senior Apartments.
Table A4
Project Based Voucher Allocation
Agency/Property # of Units Location Status
Salinas Homekey 85 Salinas Pending
Greenfield Commons I 27 Greenfield Pending
Greenfield Commons II 27 Greenfield Pending
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Table A4
Project Based Voucher Allocation
Agency/Property # of Units Location Status
VTC-Lightfighter Village 17 Marina Pending
Magnolia Place Senior Apartments 32 Greenfield Executed AHAP East Garrison Apartments 15 Marina Executed AHAP
Nuevo Amanecer 15 Pajaro Pending HAP
Catalyst A-E 5 Salinas Executed HAP
Villa del Monte Apartments 39 Seaside Executed HAP
Casanova Plaza Apartments 17 Monterey HAP
Note:
AHAP: Agreement to Housing Assistance Payment (Contract) HAP: Housing Agreement Payment (Contract)
The agency continues to actively promote project-based partnerships with community housing developers to promote affordable housing. Vouchers have been made available to new housing developments to increase the supply of affordable housing and to expand housing opportunities to individuals and families in Monterey County.
There are no public housing buildings in Del Rey Oaks or the nearby area. According to HCD’s AFFH Data Tool, The the closest public housing buildings are located approximately 55 miles away in the city of Santa Clara.
Additionally, HACM has provided Fair Housing Goals as part of its Public Housing Agency (PHA) strategies and actions to achieve fair housing goals.4
• Ensuring Fair Housing for all Americans
o HACM has established and ensured equal opportunity in housing for all Americans as a strategic goal. To implement this goal, HACM continues to affirmatively market its housing programs to make them accessible to families with special needs or disabilities. HACM remains strongly committed to meeting reasonable accommodation or modification requests that support and promote affordable housing opportunities to disabled families or individuals.
• Furthering Fair Housing Opportunities
o HACM works with the entitlement jurisdictions to integrate outreach and fair housing training opportunities into existing plans which are developed by each jurisdiction. HACM provides landlord workshops and participates in community forums and events to market the HCV Program and to expand further fair housing opportunities for families. • Improving Equitable Housing Opportunities for Participants o Housing Program Specialists work with families to promote portability and relocation to neighborhoods of opportunity. During briefings, applicants are informed of available units and their location, emphasizing communities that are underutilized. The Housing Program Specialists describe fair housing and discrimination laws and provide information regarding 4 HACM, 2022. PHA Annual Plan FY July 2022.
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the process of filing complaints. The briefing sessions also contain information regarding areas of the community that have concentrations of minorities, poverty, and crime. This information is given to the voucher holders to allow them to make housing choices that can provide greater social amenities and greater educational and economic opportunities for their families.
• Ensuring Access to Safe and Sanitary Affordable Housing o HACM’s Annual and long-range goals will result in greater housing choices for families by allowing families to acquire housing that is of adequate size by reducing overcrowded conditions. All potential rental units must meet Housing Quality Standards and are inspected prior to move-in and are subject to annual inspections to assure these standards are maintained. Participants are assisted in securing housing that meets the needs of their families and are assisted in leasing negotiations with landlords. These factors promote fair housing choices by eliminating blighted properties from federal housing subsidies and improves the wellbeing of the community and its members overall. • Furthering Opportunities for Participants in Higher Opportunity Areas o The HACM conducts analysis of local fair market conditions in its jurisdiction to help eliminate barriers for applicants of the HCV Program. With approval of the success rate payment standard amounts at the 50th percentile, the HACM is able to increase the number of voucher holders who become participants. Additionally, it affords participants opportunities to secure housing in higher opportunity neighborhoods and areas.
The City also works with HACM to provide information and incentives to property owners to encourage them to sign HCV agreements with HACM. Program B.3 of the City of Del Rey Oaks Housing Element requires the City to post informational pamphlets in English and Spanish regarding the voucher program be made available at City Hall. Further, the City Manager will work with HACM to create a list of developers and provide outreach to increase participation in the HCV program per Program B.3. The City also collaborates with the County, HAMC, the cities of Monterey, Salinas and Seaside, and the cities of Gonzales, Greenfield, and Sand City in the County that receive entitlement funding from HUD. One of the requirements for maintaining eligibility for federally funded programs such as the Community Development Block Grant (CDBG), HOME Investment Partnership, and Emergency Solutions Grant programs, and other state and local programs is to “actively further[] fair housing choice” through:
• Completion of an Analysis of Impediments to Fair Housing Choice (AI), • Actions to eliminate identified impediments; and
• Maintenance of fair housing records.
Local Trend
There is no additional discrimination complaint or case data available for the City of Del Rey Oaks.
As stated by HACM, there was one renter receiving HCVs in the City in 2023. 5 5 HACM email correspondence, April 19, 2023.
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According to the HCD AFFH Data Viewer, there has been 0.62 inquiries per 1,000 people in Del Rey Oaks since 2013. The FHEO received a total of one inquiry from Del Rey Oaks residents between January 2013 and December 2022. No specific basis of discrimination was given.
Conclusions and Summary of Issues for Fair Housing Enforcement and Outreach Capacity
In conclusion, there are no public housing buildings in Del Rey Oaks and one renter who currently utilizes an HCV. Those using HCVs and PBVsin Monterey County appear to be spread throughout the surrounding areas, despite some clustering in areas where multi-family units are more prevalent. Complaints about housing discrimination in Del Rey Oaks have not been an issue, but the City can be more proactive about adding fair housing programming and resources to its website and working with local organizations who provide these services.
B. SEGREGATION AND INTEGRATION
The second topic of the AFH is an assessment of segregation and integration in the jurisdiction. According to HCD’s Affirmatively Furthering Fair Housing Guidance Memo, segregation generally means a condition in which there is a high concentration of people of a particular race, color, religion, sex, familial status, national origin, or disability in a particular geographic area when compared to a broader geographic area. 6 Integration generally means a condition in which there is not a high concentration of persons of a particular race, color, religion, sex, familial status, national origin, or having a disability or a particular type of disability when compared to a broader geographic area.
Patterns of segregation within an area or community may arise from both public and private housing discrimination, whether intentional or unintentional. Although racial and ethnic segregation is perhaps the most common and well-known form, other protected classes may also experience segregation. This section discusses levels of segregation and integration for race and ethnicity, language, familial status, persons with disabilities, and income, and identifies the groups that experience the highest levels of segregation. Historically throughout the U.S., including in California and Monterey County, restrictive and exclusionary zoning practices have contributed to racial and economic segregation. 7 Data tables, narrative, local knowledge, and maps are used to illustrate local and regional patterns and trends regarding segregation and integration for race and ethnicity, language, familial status, persons with disabilities, and income.
Regional and Local Patterns and Trends
Race and Ethnicity
Del Rey Oaks was incorporated on September 3, 1953 and currently has over 1,700 residents in a total area of 1.05 square miles. As Post-War development grew in the region, the “Del Rey” community 6 California Department of Housing and Community Development Guidance, 2021. 7 Shahan Shahid Nawaz et al., "Single-Family Zoning in the Monterey Region: A California Zoning Atlas Snapshot”, Othering and Belonging Institute, University of California, Berkeley, July 10, 2023, https://belonging.berkeley.edu/single-family-zoningmonterey-region#footnote1_rj19xwi 196
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underwent multiple petitions for annexation between the City of Monterey, the future City of Seaside, or for incorporation. Del Rey Oaks became the ninth incorporated city in the county.
The history of nearby Fort Ord and the development of Seaside also played a role in the creation of Del Rey Oaks. According to Carol Lynn McKibben, “…white homeowners in the Del Rey Oaks and Ord Terrace area disputed [Seaside] city boundaries, delaying the vote for [Seaside incorporation] another year. The boundaries were redrawn to exclude Del Rey Oaks, which itself incorporated as a separate city in April 1954. The predominantly white residents of Ord Terrace attempted a counterpetition to create their own city, no doubt realizing that the racially segregated zone they created in the 1940s would not be sustained in an incorporated, multiracial Seaside. They failed, but only because of filing irregularities…Their efforts conformed to white responses throughout California during the postwar period when the influx of people of color, especially African Americans, threatened white hegemony.”8 In 1917 as the United States entered World War I, the federal government established Fort Ord as a military training base for soldiers stationed in the nearby Presidio in Monterey. The presence of the base discouraged both housing and infrastructure development, contributing to Seaside’s reputation as a less desirable place to live than Monterey, especially as World War II brought the expansion of Fort Ord. By the end of the war, when President Harry S. Truman ordered full desegregation of the armed services, Seaside was still an unincorporated suburb of Monterey. Because of the increasing use of racially restrictive covenants in Monterey and many other communities in the county, many African Americans retiring from the military who were unable to purchase homes elsewhere in the area, remained in Seaside, which incorporated in 1954. By 1980, the Black or African American population of Seaside was 29.3 percent, larger than any other city in the county, but with the closure of Ford Ord the Black or African American population declined to 12.1 percent in 2000. Seaside still has the largest Black or African American population of any city in the county, 7.2 percent compared with 3.5 percent in Monterey.
Table A5 depictsrace and ethnicity composition for Del Rey Oaks in 2020 using data from 2020 U.S. Census Bureau. The ethnic mix of Del Rey Oaks is significantly different from that of Monterey County as a whole.
Countywide, the Hispanic population was approximately 59 percent in 2020, and in Del Rey Oaks approximately 10 percent. The ethnic mix of Del Rey Oaks has changed since the previous Housing Element Update. City residents that reported themselves as White declined from 85.3 percent in 2018 to
76.1 in 2020, a 9.2 percent decrease. Del Rey Oaks residents that reported themselves as Asian increased by 1.2 percent, from 5 percent of the Del Rey Oaks population in 2018 to 6.2 percent in 2022. However, percentages of non-Hispanic ethnicities in Del Rey Oaks are similar to Monterey County.
Table A5
Del Rey Oaks Ethnicity and Racial Composition, 2020
Ethnicity/Race Number Percent (%)
White 1,155 76.1%
Black or African American 30 2.0%
American Indian or Alaska Native - 0.0%
Asian1 94 6.2%
Native Hawaiian and Other Pacific Islander 5 0.3%
Some Other Race - 0.0%
8 McKibben, 2011. Racial Beachhead: Diversity and Democracy in a Military Town. 197
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Table A5
Del Rey Oaks Ethnicity and Racial Composition, 2020
Ethnicity/Race Number Percent (%)
Two or More Races 79 5.2%
TOTAL 1,518 100%
Hispanic or Latino2 155 10.2%
Source: U.S. Census Bureau, 2020
1 Asian Indian, Chinese, Filipino, Japanese, Korean, Vietnamese, Other Asian. 2 Mexican, Puerto Rican, Cuban, Other Hispanic or Latino.
According to the 2020 data from the Othering & Belonging Institute (OBI), tracts in Del Rey Oaks are classified as High White Segregation, as shown in Figure A2. 9 High White Segregation is defined as census
tracts with a Divergence Index score or value in the top third nationally, are majority white, and have a white Location Quotient above 1.25.
10 Areas neighboring Del Rey Oaks, including Seaside and parts of Monterey, are classified as Low-Medium Segregation, High POC (Person of Color) Segregation, and Racially Integrated. Residents that reported themselves as White make up about a third of the population in the County and Seaside. In comparison, Seaside has a lower concentration of Hispanic residents than the County but a higher percentage of Asian and Black residents. 9 OBI, 2023. https://belonging.berkeley.edu/roots-structural-racism 10 OBI, 2023. https://belonging.berkeley.edu/faq-roots-structural-racism 198
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Racial Segregation/Integration (OBI, 2020) - Tract
LJ Racially Integrated
0 -Low-Medium Segregation 0
-High POC Segregation
LJ High While Segregation
0.28 0.45
1 :3 1,45 I
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Familial Status
Large families are defined by HCD as families containing five or more persons. Income is a major factor that constrains the ability of families to obtain adequate housing. Larger units are more expensive and most of the units with three or more bedrooms are single-family units instead of multi-family rental units.
Because of this, many large families are forced to live in overcrowded homes. Large families are recognized as a group with special needs based on the limited availability of adequately sized affordable housing units.
The City Council of Del Rey Oaks amended the Title 17 Zoning Ordinance to revise the definition Family. 11 The previous Zoning Ordinance definition was outdated and in need of amendment. Past views of the “traditional” definition of family consisted of a household composed of people related by blood, marriage or adoption. This excludes a number of households such as long-term partners who have been living together for decades but are not legally married, single parents raising a foster child and others, such as individuals with disabilities who share housing so they can have the support they need to live in the community. Family is defined as “an individual or two or more persons who are related by blood or marriage; or otherwise live together in a dwelling unit”. Revising the definition of Family can help reduce barriers to affirmatively furthering fair housing through the inclusion of a variety of types of familial and household situations.
According to U.S. Census data, in 2020 there were 633 total households within the City. The average 2020 household size in the City was 2.40 persons per household, an increase from 2.32 in 2010 (see Table A6, below). Del Rey Oaks’ population is trending towards a younger demographic with larger families. This is important information because a trend towards a younger demographic with larger families means the City should plan for family housing and services such as daycare. Although there is an increase in the average household size, Del Rey Oaks contains an aging population, which is comprised of the post-World War II baby boomer generation. This generation has always had an enormous population compared to other generations, having implications on healthcare and the economy; therefore, the City needs to plan how they should house their senior population. As of now, this age cohort mostly resides in single-family homes, but as they require more assistance as they age, they will need more options for assisted living or universal design to age in their own homes.
Table A6
Del Rey Oaks Households by Type, 2020
Household Type Number of Households Percent of Total Households Married Couple Households 301 47.6
Female-Headed Households 42 6.7
Non-Family Households∗ 249 39.3
Total Households 633 100
Average Household Size 2.40 --
Source: U.S. Census Bureau, 2020
Note: The U.S. Census Bureau defines a Non-Family Household as a household consisting of a householder living alone (a one-person household) or where the householder shares the home exclusively with people to whom they are not related. 11 City of Del Rey Oaks Resolution 2022-02, December 2022. 200
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Married couple households make up the majority of Del Rey Oaks households (47.6 percent). Figure A3 shows the percentage of children living in married couple households and can be used as an indicator of families in Del Rey Oaks.
Countywide, data from the 2016-2020 ACS (U.S. Census Bureau, 2020) indicates that large households represented about 6.6 percent of the households, a slight decrease from 8.9 percent from the 2010 U.S.
Census. Table A7 below identifies large households by tenure for Del Rey Oaks for the year 2020. In 2020,
5.4 percent of owner-occupied households in Del Rey Oaks had five persons or more compared to 10.1 percent of renter-occupied households with five persons or more. Overall, 6.6 percent of households have five or more persons. Similar to overcrowding, this issue is not major at the moment, but if no housing is developed in the next 10 years, then large families will have to deal with overcrowding due to the lack of large family affordable housing. An important indicator of housing availability and affordability is based on how many renter-occupied households are overcrowded, compared to owner-occupied households.
Households in Del Rey Oaks are mostly made up of 2-4 person households (58 percent) and 1-person households (35 percent). As seen in Figure A4, less than 20 percent of the adult population of Del Rey Oaks lives alone. Additionally, as shown in Table 2-21 of Chapter 2.0, the rate of overcrowded renteroccupied households is larger than that of owner-occupied households being overcrowded, meaning there is a lack of affordable housing available in Del Rey Oaks in 2011 and 2020 Table A7
Household Size by Tenure
Del Rey Oaks, 2020
1 Person 2–4 Persons 5+ Persons Total
Number % Number % Number % Number %
Owner 168 36.1 272 58.5 25 5.4 465 100
Renter 56 33.3 95 56.6 17 10.1 168 100
Total 224 35.4 367 58.0 42 6.6 633 100
Source: U.S. Census Bureau, 2020
Single parents often require special consideration or assistance as a result of their lower income, the high cost of childcare, the need for supportive services, and the need for affordable housing. As a result, many single-parent families are faced with limited housing choices. In Del Rey Oaks, there were 30 femaleheaded family households with children under 18 years of age (4.3 percent of all households) in 2000. In 2020, there were 42 female-headed family households and seventeen (17) of these with children under 18 years of age (2.69 percent of all households). Because of the increased financial and emotional burden that female-headed households carry, they often have difficulty finding adequate and affordable housing for themselves and their children.
The housing needs of a single-parent-headed household range from affordability of a home to availability of nearby services, such as licensed day care to support individual parents who work. Female-headed households with children may face particular housing challenges, with pervasive gender inequality resulting in lower wages for women.
Table A8 shows the comparison between female-headed households in Del Rey Oaks and Monterey County.
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Source
Percent of Children in Married Couple Households (ACS, 2017-2021)- Tract 020%-40%
-40%-60%
-60%-80%
-80%-100%
0.28 0.45
1 :31,45 I
0.55 0.9
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Figure A4-Percentage of Population Living Alone Appendix A-AFFH Assessment Del Rey Oaks
Source
Percent of Population Living Alone (ACS, 20"17-2021) - Tract LJ0%-20%
D 20%-40%
0 0
1 :3 1,45 I
0.28 0.55
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Table A8
Female Headed Households, 2020
Monterey County Del Rey Oaks City
Householder Type Number Percent Number Percent
Female Headed Householders 15,986 17.20% 42 10.94%
Female Heads with Own Children 9,914 10.67% 17 4.43%
Female Heads without Children 6,072 6.53% 25 6.51%
Total Householders 92,948 100.00% 384 100.00%
Female Headed Householders Under the
Poverty Level 3,756 4.04% 0 0.0%
Total families Under the Poverty Level 8,196 8.82% 7 1.82% Source: U.S. Census Bureau, 2020
As seen in Figure A5, the percentage of children that live in female-headed households in Del Rey Oaks census tracts is similar to the percentages of children in female-headed households in neighboring areas.
Persons with Disabilities
The Americans with Disabilities Act (ADA) defines a disability as a “physical or mental impairment that substantially limits one or more major life activities.” People with disabilities have special needs, meaning that many earn very low incomes, have higher health care costs, and are often dependent on supportive services. To maintain independent living, disabled persons may also need housing assistance. Special housing needs for persons with disabilities fall into two general categories: 1) physical design to address mobility impairments and in-home social, educational, and 2) medical support to address developmental and mental impairments.
As shown in Table A9, 19.41 percent of Del Rey Oak’s population had one or more disabilities compared to 8.5 percent of the Monterey County population, and similar proportions in Salinas (7.5 percent), Seaside (11.3 percent), and Monterey (7.7 percent).
Table A9
Persons with Disabilities Profile for Area Cities (2016-2020) Hearing
Disability
Vision
Disability
Cognitive
Disability
Ambulatory
Disability
Self-Care
Disability
Independent
Living
Disability
Total
Disabilities
Disabilities
to Total
Population
Monterey 984 336 630 1,156 558 878 2,315 7.66%
Salinas 2,727 2,676 3,689 5,416 2,851 4,056 12,315 7.53% Seaside 1,106 623 1,410 1,934 866 1,291 3,646 11.26%
Del Rey
Oaks 76 22 88 66 15 42 309 19.41%
Sand City 11 3 11 15 0 4 37 11.38%
Monterey
County 10,654 6,591 11,196 17,616 7,810 13,188 37,082 8.45 Source: U.S. Census Bureau, 2020
The City had an estimated 309 persons living with a range of disabilities. Table A10 identifies age of population by disability type within the City. For people with disabilities, specialized needs include certain social services, disabled access throughout the city, and housing units with handicapped access and other modifications. Residents may have more than one type of disability. 204
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Figure A5-Children in Female Householder No Spouse Present Appendix A-AFFH Assessment Del Rey Oaks
0 Source
Children in Female Householder No Spouse Present (ACS, 20'17-202 I) - Tract LJ Less than 20%
020%-40%
0 0.28
0.45 1 :3 1,45 I
0.55 0.9
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Table A10
Persons with Disabilities in Del Rey Oaks by Age and Type, 2020 Disability Type Under 18 Years Ages 18 to
64 Ages 65
and Over Total
With a Hearing Difficulty 22 17 37 76
With a Vision Difficulty 0 17 5 22
With a Cognitive Difficulty 3 59 26 88
With an Ambulatory Difficulty 0 36 30 66
With a Self-Care Difficulty 0 4 11 15
With an Independent Living -- 25 17 42
Total 25 158 126 309
Source: U.S. Census Bureau, 2020
The most common disabilities in Del Rey Oaks are cognitive difficulties (28.5 percent), hearing difficulties (24.6 percent), and ambulatory difficulties (21.4 percent). As shown in Figure A6, there are no tracts in Del Rey Oaks with an adult population with a disability above 13 percent. There are no concentrations of persons with disabilities in Del Rey Oaks.
Income
Household income is the principal factor in determining a household’s ability to balance housing costs with other basic life necessities. Households with lower incomes face additional barriers when seeking adequate housing. While economic factors that affect a household’s housing choice are not a fair housing issue per se, the relationships among household income, household type, race/ethnicity, and other factors often create misconceptions and biases that raise fair housing concerns.
Identifying geographies and individuals with a low- to moderate- income (LMI) is important to overcome patterns of segregation. HUD defines LMI areas as a Census tract or block group where over 51 percent of the population is LMI (based on HUD income definition of up to 80 percent of the area median income.) Table A11
Households by Income, 2020
Household Income Del Rey Oaks Households Monterey County Households Less than $10,000 16 4,157
$10,000 to $14,999 9 3,110
$15,000 to $24,999 48 8,795
$25,000 to $34,999 7 9,757
$35,000 to $49,999 70 14,189
$50,000 to $74,999 80 22,415
$75,000 to $99,999 83 18,828
$100,000 to $149,999 136 21,908
$150,000 to $199,999 68 10,688
$200,000 or more 116 14,156
Total Households 633 128,003
Median Household Income $ 101,458 $ 76,943
Source: U.S. Census Bureau, 2020
Median household income in Del Rey Oaks is higher than the surrounding area, as shown in Figure A7. In addition, the median household income is higher than in Monterey County overall, as shown in Table A11.
About 46% of the County’s households are considered lower income. Peninsula Cities have a lower 206
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concentration of lower income households compared to the County overall and the Salinas Valley Cities.
Half of Seaside’s households are lower income (<80% AMI). Seaside has a concentration of tracts with a high percentage of LMI population (50% to 75%) in its neighborhoods west of Noche Buena Street. These neighborhoods are also neighborhoods with higher acreage of multifamily, medium density neighborhoods. Within neighboring City of Monterey, there are three LMI areas that fall within the Old Town, Downtown, Oak Grove, and Del Monte neighborhoods. Areas of Seaside west of Noche Buena Street, Olympia, and the northern portions of Terrace (Tract 137) have the highest concentration of poverty.
12 Geographic concentration by income, including concentration of poverty, is another type of segregation that may exist within an area or community. The concentration of LMI individuals can be used as one method to gauge the extent of segregation. Although median income in Del Rey Oaks census tracts is higher than the neighboring areas of Seaside and Monterey, there is no concentration of income types within Del Rey Oaks. In Monterey County, LMI areas exist adjacent to the City of Del Rey Oaks in the cities of Monterey, Seaside, Sand City, and to the north near Salinas, Castroville, and Pajaro, and to the south off of the 101 Freeway near Chualar, Gonzales, Soledad, Greenfield, King City, and San Lucas.
Poverty rates and the concentration of poverty over time can provide an insight into the economic wellbeing of households and individuals in the County and in the City. As of 2020, the County had a poverty rate of 12.0 percent, and the City of Monterey had a poverty rate of 11.5 percent both of which are lower than the California poverty rate of 12.6 percent. Figure A8 shows the percent of population whose income in the past 12 months is below the poverty level. Less than 10 percent of the population of Del Rey Oaks is below the poverty level.
12 City of Seaside, 2023.
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Figure A6-Percentage of Population With a Disability Appendix A-AFFH Assessment Def Rey Oaks
Source
Population With a Disability (ACS, 20'17-202 1) - Tract □<'10%
0 D ·10%-20% 0
-20%-30%
1 :3 1,45 I
0.28 0.55
0.45 0.9
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Conclusions and Summary of Issues for Segregation and Integration As discussed previously, White residents represent a large majority of the population in Del Rey Oaks and the City is classified as an area of High White Segregation. Del Rey Oaks differs from the county overall for its relatively high proportion of residents identifying as Non-Hispanic White (76 percent in Del Rey Oaks compared to 29 percent in Monterey County) and small Hispanic population (10 percent in Del Rey Oaks compared to 59 percent in the county).
The majority of households in Del Rey Oaks are Married Couple Households. Families with children are an increasing population group within the city. Large households are not a major issue at this time; however, it is important to prepare for a rising population. There are few single-parent households with children in Del Rey Oaks compared to the overall population of the City. There are no concentrations of familial types within Del Rey Oaks.
The population of Del Rey Oaks with a disability is 12.7 percent, similar or slightly higher than neighboring communities. As the population ages, the City may need to consider future care and services for people with disabilities. People with disabilities in Del Rey Oaks are distributed citywide, and there are no areas in the City with a disproportionate population of people with disabilities.
The median household income in Del Rey Oaks is higher than the county as a whole, and there is a low percentage of the population below the poverty level. There are no concentrations of wealth or poverty within Del Rey Oaks.
Population and household growth, combined with moderately rising incomes, in the 2- and 3-mile radius of Del Rey Oaks point to continued growth in demand for new housing, while a growing cohort of seniors in the City points to a potential need for specialized housing types and health and social services to support this population.
C. RACIALLY AND ETHNICALLY CONCENTRATED AREAS OF POVERTY AND
AFFLUENCE
Racially Concentrated Area of Poverty or an Ethnically Concentrated Area of Poverty (R/ECAPs) are defined as racially or ethnically segregated areas with high poverty rates, and Racially Concentrated Areas of Affluence (RCAAs) are typically affluent predominantly White neighborhoods. R/ECAPs and RCAAs represent opposing ends of the segregation spectrum. Historically, HUD has paid particular attention to R/ECAPs as a focus of policy and obligations to AFFH. HCD and HUD’s definition of an R/ECAP is: A census tract that has a non-White population of 50 percent or more (majority-minority) or, for non-urban areas, 20 percent, AND a poverty rate of 40 percent or more; OR A census tract that has a non-white population of 50 percent or more (majority-minority) AND the poverty rate is three times the average tract poverty rate for the County, whichever is lower. 13
13 California Department of Housing and Community Development Guidance, 2021. 209
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Source
Median Income (ACS, 2017-2021) - Tract
LJ Less than $55,000
D $55.ooo- $90.100
- $90,100 - $'120,000
-$120,000 - $'175,000
Figure A7-Median Income Appendix A-AFFH Assessment
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Figure A8-Poverty Status Appendix A-AFFH Assessment
Del Rey Oaks
0 0
Source
Poverty Status (ACS, 2017-202 I) - Tract
D<'l0%
D10%-20%
-20%-30%
0.28 0.45
1 :31 ,45 I
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While R/ECAPs have long been the focus of fair housing policies, RCAAs must also be analyzed to ensure housing is integrated, a key to fair housing choice. Recent research out of the University of Minnesota Humphrey School of Public Affairs argues for the inclusion of RCAAs to acknowledge current and past policies that created and perpetuate these areas of high opportunity and exclusion.14 HCD defines an RCAA as a census tract 1) with a percentage of its total White population that is 1.25 times higher than the average percentage of the Council of Governments (COG) region’s White population; and 2) has a median income that is 2 times higher than the COG Area Median Income (AMI).
It is important to note that R/ECAPs and RCAAs are not areas of focus because of racial and ethnic concentrations alone. This assessment recognizes that racial and ethnic clusters can be a part of fair housing choice if they occur in a non-discriminatory market. Rather, R/ECAPs are meant to identify areas where residents may have historically faced discrimination and continue to be challenged by limited economic opportunity, and conversely, RCAAs are meant to identify areas of particular advantage and exclusion.
The High Segregation & Poverty category in the TCAC/HCD Opportunity Area Map may also be used in identifying R/ECAPS. Much like the R/ECAP, the High Segregation and Poverty category uses an absolute threshold for poverty. However, instead of a threshold for race, the TCAC/HCD approach uses a location quotient for racial segregation. The poverty threshold is 30 percent of the population living below the poverty line and the location quotient is essentially a measure of the concentration of race in a small area compared to a county level.
Regional and Local Patterns and Trends
According to HCD, there were five census tracts in the county that qualify as R/ECAPs. All qualifying tracts are located in Salinas. There are no R/ECAPs in Del Rey Oaks. RCAAs in the Monterey Peninsula area include Pebble Beach, areas of Monterey, and unincorporated County land near Carmel and the State Route 68 corridor.
As seen in Figure A9, the undeveloped and unpopulated area on the southeast portion of Del Rey Oaks is within a larger tract that qualifies as an RCAA. This larger census tract (132) includes portions of the City of Monterey and unincorporated Monterey County. Figure A10 shows Del Rey Oaks categorized using a composite index score related to economic, educational, and environmental factors which can be used to designate areas of high segregation and poverty according to the TCAC/HCD Opportunity Map. The Del Rey Oaks Opportunity Category is classified as Moderate Resource within the populated area of the City and High Resource within former Fort Ord lands. The tracts of the City of Seaside located north are classified as Moderate Resource. Two tracts in Monterey County with high segregation and poverty are located in Salinas.
14 Goetz, E. G., Damiano, A., & Williams, R. A. (2019). Racially Concentrated Areas of Affluence: A Preliminary Investigation.
Cityscape: A Journal of Policy Development and Research, 21(1), 99–124. 212
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Figure A9-Racially Concentrated Areas of Affluence Appendix A-AFFH Assessment Del Rey Oaks
0 Source
Racially Concentrated Areas of Affluence (HCD, 2019} - Tract LJNotaRCAA
LJRCAA 0
1 :3 1,45 I
0.28 0.55
0.45 0.9
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Figure A10-COG Geography CTCAC/HCD Opportunity Map - Composite Score Appendix A-AFFH Assessment Source
COG Geography TCAC/HCD Oppo11unity Map - Composite Score (HCD, 2023) - Tract -Highest Resource
0 -High Resource 0
CJ Moderate Resource
0.28 0.45
1 :3 1,45 I
0.55 0.9
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Conclusions and Summary of Issues for Racially and Ethnically Concentrated Areas of Poverty (R/ECAP) and Affluence (RCAA)
While the population of Del Rey Oaks is predominately white and has a higher median income than surrounding areas, the city does not contain any R/ECAPs. An undeveloped and unpopulated area located on the northeast eastern side of the City, which is part of tract 132 that includes portions of the City of Monterey and unincorporated Monterey County qualifies as an RCAA.
D. DISPARITIES IN ACCESS TO OPPORTUNITY
Maps, data tables, and narratives are used to analyze local and regional patterns and trends regarding access to opportunity. Access to opportunity is a concept to approximate place-based characteristics linked to critical life outcomes. Access to opportunity oftentimes means both improving the quality of life for residents of low-income communities, as well as supporting mobility and access to ‘high resource’ neighborhoods. Measures such as economic, education, environmental scores, job proximity, commuting, and work status are considered.15 The California Fair Housing Task Force created an opportunity map to identify regions whose characteristics have been shown by research to support positive economic, educational, and health outcomes for low-income families, particularly long-term outcomes for children.
The map provides composite scores for each census tract based on economic scores, education scores, and environmental scores.
This section of the AFH identifies any socioeconomic barriers related to education, environment, employment, and transportation that could negatively impact certain communities in Del Rey Oaks.
HUD developed an index for assessing fair housing by informing communities about disparities in access to opportunity. Index scores are based on the following opportunity indicators (values range from 0 to 100):
• Low Poverty Index: The higher the score, the less exposure to poverty in a neighborhood. • School Proficiency Index: The higher the score, the higher the school system quality is in a neighborhood.
• Labor Market Engagement Index: The higher the score, the higher the labor force participation and human capital in a neighborhood.
• Transit Trips Index: The higher the trips transit index, the more likely residents in that neighborhood utilize public transit.
• Low Transportation Cost Index: The higher the index, the lower the cost of transportation in that neighborhood.
• Jobs Proximity Index: The higher the index value, the better access to employment opportunities for residents in a neighborhood.
• Environmental Health Index: The higher the value, the better environmental quality of a neighborhood.
15 California Department of Housing and Community Development Guidance, 2021. 215
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To assist in this analysis, the HCD and the TCAC convened as the California Fair Housing Task Force to “provide research, evidence-based policy recommendations, and other strategic recommendations to HCD and other related state agencies/departments to further the fair housing goals” (as defined by HCD).
The task force created opportunity maps to identify resources levels across the state “to accompany new policies aimed at increasing access to high opportunity areas for families with children in housing financed with nine percent Low Income Housing Tax Credits (LIHTCs)”. Opportunity maps are made from composite scores of different domains made up of a set of indicators. Table A12 shows the full list of indicators.
Table A12
Domains and List of Indicators for Opportunity Maps
Domain Indicator
Economic Poverty
Adult Education
Employment
Job proximity
Median home value
Environmental CalEnviroScreen 4.0 indicators
Education Math proficiency
Reading proficiency
High School graduation rates
Student poverty rates
Poverty and Racial/Segregation Poverty: tracts with at least 30% of population under federal poverty line
Racial Segregation: Tracts with location quotient higher than 1.25 for Blacks, Hispanics, Asians, or all people of color in comparison to the County
Source: California Fair Housing Task Force, Methodology for the 2021 TCAC/HCD Opportunity Maps, January 2023.
The opportunity maps highlight areas of highest resource, high resource, moderate resource, moderate resource (rapidly changing), low resource and high segregation and poverty. As mentioned above, some of the indicators identified by TCAC include high levels of employment and close proximity to jobs, access to effective educational opportunities for both children and adults, low concentration of poverty, and low levels of environmental pollutants, among others. Opportunity scores are presented on a scale from zero to one and the higher the number, the more positive the outcomes.
According to Figure A10, the majority of Del Rey Oaks is within a primarily high resource area and only a portion of the City is considered a moderate resource area. High resource areas are areas with high index scores for a variety of educational, environmental, and economic indicators. The moderate resource area of the city is an undeveloped and unpopulated area and is within a larger census tract (141.09) comprising of former Fort Ord lands.
Local Patterns and Trends
Racial and economic segregation can lead to unequal access to opportunities within community such as access to high performing schools, good paying jobs, public transportation, parks and playgrounds, clean air and water, public safety, and other resources. A generational lack of access, particularly for people of color and lower income residents, has often resulted in poor life outcomes including lower educational 216
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attainment, higher morbidity rates, and higher mortality rates. Consequently, certain residents in Del Rey Oaks may experience higher incidences of housing cost burden, overcrowding or other housing problems.
According to the 2023 HCD and the TCAC Opportunity Area Map shown in Figure A10, a majority of Del Rey Oaks is considered a high resource area. As noted above, the moderate resource portion of Del Rey Oaks located on the northeastern portion of the City is undeveloped, unpopulated, and part of tract 141.09 that includes former Fort Ord.
Employment/Job Access
Future housing needs depend in part on the trajectory of the local workforce. Changes in the types and pay levels of jobs available in Del Rey Oaks and the surrounding region will impact the type and cost of housing that current and future residents can afford. Employment trends indicate a need for a range of housing types that support Del Rey Oaks residents who are employed in various industries.
AMBAG’s 2022 Regional Growth Forecast reported that there were 748 jobs in Del Rey Oaks in 2020. Over the course of the next 25 years AMBAG estimates a 12 percent increase in jobs in Del Rey Oaks. See Table A13 for a full employment forecast for Del Rey Oaks up to 2040. Because of the increase in available jobs in Del Rey Oaks, there will be an increase in the population leading to a need for more housing. Although Del Rey Oaks is one of the smaller cities in Monterey County, AMBAG is predicting there will be a higher percentage of available jobs in its jurisdiction compared to the rest of the County. While many people in Monterey County live and work in different cities, it is important that Del Rey Oaks or other cities in the County consider the connection between housing and employment within their jurisdictions. This is why AMBAG completed its RHNA, which allocates each City’s need for housing of various income levels. Each city in Monterey County must do its fair share to accommodate the anticipated rise in population for the community to develop, while ensuring no groups are left out based on income, age, race, or any protected classes.
Table A13
Del Rey Oaks Employment Forecast, 2022
Change 2015-2040
Jurisdiction 2015 2020 2025 2030 2035 2040 Numeric Percent Del Rey Oaks 705 748 753 774 794 815 129 18%
Monterey
County 225,268 243,015 245,054 249,613 253,918 258,553 38,169 17% Source: AMBAG, 2022
There is no agricultural land use in the general vicinity of the Del Rey Oaks. According to the 2016-2020 ACS 5-year estimates (U.S. Census Bureau, 2020), no one identified themselves as working in the “Agriculture, Forestry, Fishing and Hunting and Mining” industry within the City of Del Rey Oaks. The majority of residents are employed not by agricultural interests, but by arts, entertainment, recreation, accommodation and food services (12 percent); professional, scientific, management, administrative, and waste management services (15 percent), and education, health, and social services (30 percent) industries. Salinas and other valley communitiesin Monterey County are occupied by the majority of farm workers.
In other Monterey Bay cities, accommodation and food services, which make up more than a quarter of all jobs, experienced 37.3 percent growth between 2010 and 2018, highlighting the recovery of the 217
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tourism industry following the recession. Retail trade jobs also experienced stronger growth in this geography compared to the City and immediate surroundings. Nearby areas of employment include Monterey Regional Airport, Ryan Ranch Office Park, WeatherTech Raceway Laguna Seca, Naval Postgraduate School (NPS), Presidio of Monterey, and California State University Monterey Bay (CSUMB).
Access to high-quality reliable transit can also impact access to opportunities in regard to fair housing and employment. As seen below in Figure A11, more than half of the employees in the coastal cities live outside the area, and many are likely living in a “drive until you qualify” market that offers housing opportunities more accessible to low-income earners. Disparities in transportation patterns are addressed in the subsequent Transportation subsection of this assessment.
Based on the employment data and Figures A10 and A11, there are no disparities in access to jobs by protected groups.
Figure A11 Monterey County Coastal Cities Inflow/Outflow Commute Patterns Source: U.S. Census OnTheMap 2019; EPS.
29,682
Other Residents
Commuting to
Jobs in the Coastal
Area
23,431
Coastal Area
Residents
Commuting
to Jobs
Outside of
the Area
24,000
Coastal Area Residents
Who Live and Work in the
Area
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Health/Environmental
The Fair Housing Task Force uses CalEnviroScreen 4.0 pollution indicators and values to establish environmental scores. The California Office of Environmental Health Hazard Assessment (OEHHA) compiles these scores to help identify California communities disproportionately burdened by multiple sources of pollution. In addition to environmental factors (pollutant exposure, groundwater threats, toxic sites, and hazardous materials exposure) and sensitive receptors (seniors, children, persons with asthma, and low birth weight infants), CalEnviroScreen also takes into consideration socioeconomic factors. These factors include educational attainment, housing-burdened low-income households, linguistic isolation, poverty, and unemployment.
Regional and Local Patterns and Trends
Regional
CalEnviroScreen 4.0 is the OEHHA’s most updated California Communities Environmental Health Screening Tool used to identify communities that are disproportionately burdened by multiple sources of pollution. CalEnviroScreen 4.0 scores are based on percentiles (the percentage of all ordered CalEnviroScreen scores that fall below the score for that area). TCAC’s opportunity areas environmental scores are based on the CalEnviroScreen 4.0 indicators, which identify areas disproportionately vulnerable to pollution sources such as ozone, PM2.5, diesel PM, pesticides, toxic release, traffic, cleanup sites, groundwater threats, hazardous waste, impaired water bodies, and solid waste sites.
Figure A12 shows the environmental pollution estimates based on the CalEnviroScreen 4.0 map. 219
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Source
CalEnvioScreer, 4.0 (OEHHA, 202'1)- Tract
-0 -20 (More positive environmental factors)
D > 20-40
D >40-60
D >60-so
Figure A12-CalEnviroScreen 4.0 Appendix A-AFFH Assessment 0 0
0.28 0.45
1 :3 1,45 I
0.55 0.9
11 rni
1.8 km
Bureau of Land Management, Esri, HERE, Garmin,
Ge0Tech.oolog1es, Inc., USGS, EPA, Esn, HERE
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In general, the Monterey Peninsula and tracts in the southern region of the Monterey Bay Area received composite score percentiles of 38 or higher for environmental conditions. The north and eastern County areas, including Marina, Seaside and the former Fort Ord areas have received higher environmental scores, representing less favorable environmental conditions. Sand City had the highest scoring; this small City scored in the 66th percentile according to the CalEnviroScreen 4.0 environmental indicators, reflecting a moderate to high pollution burden.
Local
As shown in Figure A12, tracts in Del Rey Oaks received composite score percentiles ranging from 5 to 51.
The populated area of Del Rey Oaks scored within the lower percentile, representing more favorable environmental conditions. The former Fort Ord area of Del Rey Oaks to the east shows a higher percentile (over 50) representing a moderate potential pollution burden. This area in the northeastern portion of Del Rey Oaks is undeveloped, unpopulated, and part of the larger tract 141.09 that includes former Fort Ord, a former active military training base. Information within Chapter 3.0 and Chapter 4.0 of the Housing Element and associated housing programs requiring remediation would reduce this risk, especially considering oversight by the Army, DTSC and EPA requiring clearance prior to future use of this vacant land and development for residential uses. As noted in this Housing Element, there is also an area cleared of environmental risks by the Army and approved for residential development without additional remediation.
Education
The Fair Housing Task Force uses math and reading proficiency, high school graduation rates, and student poverty rates to determine education scores for census tracts. Refer to Table A12 for the complete list of TCAC Opportunity Map domains and indicators.
Regional and Local Patterns and Trends
Approximately 14 percent of Del Rey Oaks’ citizens were under 19 years old according to the 2020 data from the U.S. Census Bureau. Monterey Peninsula Unified School District (MPUSD) provides public education between Kindergarten and 12th Grade to residents of Del Rey Oaks. MPUSD comprises 17 schools (six elementary schools, four transitional kindergarten – 8th grade schools, two junior high schools with 7th and 8th grade, one junior high school with 8th grade, three comprehensive high schools and one alternative education high school).
16 There are no schools within the boundaries of Del Rey Oaks, therefore educational opportunities and resources within the city are limited.
The California Department of Education displays the performance of educational agencies and schools using an online tool called the California School Dashboard. 17 According to the Dashboard, the MPUSD
2021/22 school year included the following: Enrollment was 9,349 students, 65.4% of students were considered socioeconomically disadvantaged, 28.3% of students were English language learners, English Language Arts scores were 34.1 points below the State standard and Math scores were 83.2 points below the State standard.
16 MPUSD, 2023. https://www.mpusd.net/apps/pages/index.jsp?uREC_ID=3698185&type=d&pREC_ID=2423741 17 California Department of Education, 2023. https://www.cde.ca.gov/ta/ac/cm/caschdashboard.asp 221
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Although there are no schools within Del Rey Oaks, residents have high levels of education. While only
24.7 percent of adults in Monterey County have a bachelor’s degree or higher, 18 55.9 percent of Del Rey
Oaks residents have a bachelor’s degree, including the 22.6 percent of the City’s population that has a graduate or professional degree. Similarly, the share of residents who have not graduated high school is much lower in the City (2.4 percent) than the area within 2 miles of the City (18.0 percent). Figure A13, below, compares educational attainment of Del Rey Oaks and areas within a 2-mile and 3-mile radius.
Figure A13 Educational Attainment in Del Rey Oaks and Surrounding Areas Transportation
Regional and Local Patterns and Trends
Affordable and reliable transportation is of paramount importance to households affected by low incomes and rising housing prices. Public transit provides connections between residents to employment opportunities and services, in particular for low-income residents who often depend on transit. Affordable and reliable access to employment via public transportation can reduce the need for public assistance and increase housing mobility, which enables residents to locate housing outside of traditionally lower- and moderate-income neighborhoods. The lack of a robust public transit system, employment opportunities, and affordable housing may impede fair housing choice by limiting housing choice. In addition, elderly and disabled persons also often rely on public transit to visit doctors, go shopping, or attend activities at community facilities. Availability of efficient, affordable transportation can be used to measure fair housing and access to opportunities.
Regional
Monterey-Salinas Transit (MST) is the primary public transportation agency in Monterey County. The MST service area includes 954 transit stops and spans 159 miles from Watsonville in the north to Paso Robles 18 Public Policy Institute of California, 2019. https://www.ppic.org/blog/geography-of-educational-attainment-in-california/ 0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
City of Del Rey
Oaks
2-Mile Ring 3 - Mile Ring
Educational Attainment
Graduate or
professional degree
Bachelor's degree
Some college or
associate's degree
High school graduate
(includes equivalency)
Less than high school
graduate
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in the south.19 MST offers a taxi voucher program to assist seniors, persons with disabilities, and veterans in accessing important locations within their community. The Taxi Voucher Program has three (3) categories of taxi vouchers: senior, persons with disabilities, and veterans, each with their own eligibility requirements.20
• Senior Voucher: Must be 65 years or older, and be a resident in one of the following communities:
Carmel, Carmel Valley, Del Rey Oaks, Marina, Monterey, Pebble Beach, Pacific Grove, Sand City, Salinas, or Seaside. Vouchers can be obtained in the city in which the senior resides. • Disabilities Voucher: Must be certified in the MST RIDES ADA paratransit program. A limited number of vouchers are available to persons with disabilities who are not RIDES certified.
Vouchers are issued on a quarterly basis, and will be mailed when requested. • Veterans Voucher: A qualified veteran is an individual who served active duty in one of the branches of the U.S. Military. Vouchers are provided on a monthly basis and can be obtained at one of veterans’ resources locations.
Paratransit service is available for people with disabilities or health conditions that prevent them from independently navigating the public bus system for some or all trips. MST provides ADA paratransit through the RIDES Program. MST RIDES is a shared-ride program that provides curb-to-curb service. An MST RIDES customer needing assistance to or from a RIDES vehicle to the first door of their destination may request last-door-to-first-door assistance. MST RIDES service is provided within a 3/4-mile corridor on either side of MST’s fixed-route bus service during the same days and times the bus operates. MST’s regular fixed-route buses are fully accessible and equipped with wheelchair lifts. Individuals must apply and be certified as ADA eligible before using the service. The RIDES Program is not part of the Taxi Voucher Program or Courtesy Card Program. MST also provides a Courtesy Card Program for seniors and people with disabilities who do not meet the criteria for the MST RIDES Program but who may still receive discounted fares for fixed-route services. Courtesy Cards are available free of charge to all disabled individuals with a physician’s written verification, Medicare Card holders, youth 18 years and younger, individuals 65 years and older, MST RIDES Paratransit Eligibility card holders, veterans, and veteran’s spouse/caregiver. As described earlier in Employment/Job Access, more than 55 percent of employees in the coastal cities in Monterey County live outside the area, commuting in for work and residing in communities that are more affordable.
Local
The traditional measure of affordability recommends that housing cost no more than 30 percent of household income. Under this view, a little over half (55 percent) of US neighborhoods are considered “affordable” for the typical household. However, that benchmark fails to take into account transportation costs, which are typically a household’s second-largest expenditure.21 The Center for Neighborhood Technology’s (CNT) Housing and Transportation Index can be used to measure housing and transportation affordability and uses a benchmark of 45 percent of household income. As shown in Figure A14, over 50 percent of household income is expended on housing and transportation costs. Cities in the vicinity of Del 19 Monterey-Salinas Transit (MST), 2022. https://mst.org/wp-content/media/MST_2022_Annual_Report.pdf 20 MST, 2023. https://www.mstmobility.org/taxi-vouchers.htm 21 Center for Neighborhood Technology, 2023. https://cnt.org/tools/housing-and-transportation-affordability-index 223
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Rey Oaks including Monterey and portions of Seaside have similar Housing and Transportation Index scores, reflecting a high cost of housing and transportation that reduces affordability in the region. Other areas in the region with more opportunities for affordable housing and access to transit results in lower combined housing and transportation costs as a portion of household income.
According to Public Resources Code 21155, 21064.3, and 21060.2, Caltrans defines High Quality Transit Stops as a major transit stop with fixed route bus service or intersection of two or more major bus routes, with service intervals no longer than 15 minutes during peak commute hours. As seen in Figure A15, Del Rey Oaks has zero High Quality Transit Stops in the city and only a small area of the western portion of the city is within 1/2 mile of a High Quality Transit Area. As seen in Figure A15, a lack of high-quality transit options may reduce access to fair housing and job opportunities in the region.
MST provides one service line specific to Del Rey Oaks, Line 94 or “the MST Del Rey Oaks Shuttle line”.
The MST Del Rey Oaks Shuttle line provides a limited number of trips between Del Rey Oaks and Monterey Transit Plaza on weekdays during peak hours. The MST shuttles (also known as “senior shuttles”) are open to the public and are “designed to go where surveyed seniors said they most want to go and without the need to transfer buses”.
22 MST offers a taxi voucher program to assist elderly residents in accessing important locations and resources. To obtain a senior voucher, an individual must be 65 years or older, and be a resident of Del Rey Oaks. Vouchers can be obtained at Del Rey Oaks City Hall.
MST provides indirect service to Del Rey Oaks and connections to neighboring cities through Line 7, Jazz A, Jazz B, and Line 94. Residents can board these routes using Stop ID 6798 – Fremont / Portola Drive.
Both Jazz A and Jazz B have a combined frequency of 15 minutes and provide services to the Monterey Bay Aquarium and the Monterey Transit Plaza via Hilby Avenue (Jazz A) or Broadway Avenue (Jazz B). Line 94 (senior shuttle) provides service from Sand City to Carmel and has a frequency of two (2) hours from 9:26 AM to 4:46 PM.
23 MST and Caltrans support City guidelines and General Plan policies applicable to transit, bicycle, and pedestrian facilities and requirements of the City to maintain bicycle, pedestrian, and public transit access at all residential developments.
MST recommends collaboration if the City or housing developers incorporate bus stop infrastructure into designs and evaluates bus stop layouts and designs using MST’s Designing for Transit Guidelines (2020) to ensure adequate access pertinent to the standards of the ADA. Upon completion of the housing developments, developers can enroll in MST’s Group Discount Program to offer residents substantially reduced cost bus passes to incentivize transit use and further mitigate transportation impacts. 24 Caltrans encourages early collaboration with the City on future transit and complete streets concepts located within the State right-of-way.25
22 MST, 2023. https://www.mstmobility.org/senior-shuttle.htm 23 MST, 2023. Correspondence. 24 Ibid. 25 Caltrans, 2023. Correspondence. 224
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Housing and Transportation Index (CNT, 2022) - Block
Group
LJ □30%orless �o¾-50%
-50%-75%
-More than 75%
0 0
1 :3 1 ,45 I
0.28 0.55
0.45 0.9
11 rni
1.8 km
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Ge0Tech.oolog1es, Inc., USGS, EPA, Esn, HERE
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•
Source
o High Qualiiy Transit Siops (CalTrans, 2022)
LJ V2 Mile from High Quality Transit Area
Figure A15-High Quality Transit Stops Appendix A-AFFH Assessment Cb o o oo�
0 0
0.28 0.45
1 :3 1,45 I
0.55 0.9
11 rni
1.8 km
Bureau of Land Management, Esri, HERE, Garmin,
Ge0Tech.oolog1es, Inc., USGS, EPA, Esn, HERE
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Disparities in Access to Opportunity for Persons with Disabilities Certain segments of the population may have more difficulty finding decent, affordable housing due to their special needs. Special circumstances may be related to one’s employment and income, family characteristics, disability and household characteristics, among other factors. People with disabilities are at a high risk for housing insecurity, homelessness, and institutionalization, particularly when they lose aging caregivers.
According to Section 4512 of the Welfare and Institutions Code a "developmental disability" is defined as a disability that originates before an individual attains 18 years of age, continues, or can be expected to continue, indefinitely, and constitutes a substantial disability for that individual. As defined by the Director of Developmental Services, in consultation with the Superintendent of Public Instruction, this term shall include intellectual disability, cerebral palsy, epilepsy, and autism. This term also includes disabling conditions found to be closely related to intellectual disability or to require treatment similar to that required for individuals with an intellectual disability, but shall not include other handicapping conditions that are solely physical in nature.
Many developmentally disabled persons can live and work independently within a conventional housing environment. More severely disabled individuals require a group living environment where supervision is provided. The most severely affected individuals may require an institutional environment where medical attention and physical therapy are provided. Because developmental disabilities exist before adulthood, the first issue in supportive housing for the developmentally disabled is the transition from the person’s living situation as a child to an appropriate level of independence as an adult.
The State Department of Developmental Services (DDS) currently provides community-based services to approximately 243,000 persons with developmental disabilities and their families through a statewide system of 21 regional centers, four developmental centers, and two community-based facilities. The San Andreas Regional Center is one of 21 regional centers in the State that provides point of entry to services for people with developmental disabilities and serves Monterey County. The center is a private, non-profit community agency that contracts with local businesses to offer a wide range of services to individuals with developmental disabilities and their families.
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Patterns in Disparities in Access to Opportunity
According to HCD AFFH Guidelines, “Access to opportunity is a concept to approximate place-based characteristics linked to critical life outcomes. Access to opportunity oftentimes means both improving the quality of life for residents of low-income communities, as well as supporting mobility and access to ‘high resource’ neighborhoods. This encompasses education, employment, economic development, safe and decent housing, low rates of violent crime, transportation, and other opportunities, including recreation, food and healthy environment (air, water, safe neighborhood, safety from environmental hazards, social services, and cultural institutions).”
Del Rey Oaks has high resource opportunity neighborhoods and residents have access to a high-quality healthy environment. There is one line operated by MST which includes transit stops within the City but only during peak hours. As there is only one major route (Highway 218) that travels the length of the City, there does not appear to be notable disparities in access to nearby transportation, jobs, or education by protected classes. The entire area within the populated City shares similar qualities such as income levels, race and ethnicity, without any concentrated areas of poverty in the small jurisdiction, differences in services or other disparities. A comparison of a jurisdiction’s site inventory against its LMI (low- to moderate- income) households and R/ECAP area can reveal if the City’s accommodation of housing is exacerbating or ameliorating segregation and social inequity. Although median income in Del Rey Oaks census tracts is higher than the neighboring areas of Seaside and Monterey, there is no concentration of income types within Del Rey Oaks.
Del Rey Oaks residents are less likely to be exposed to poverty, and most likely to have the highest school proficiency, most labor market participation, closest employment opportunities, and best environmental quality. However, the disparities in access to opportunities do not result in R/ECAPs in Del Rey Oaks, and the undeveloped and unpopulated northeastern area of Del Rey Oaks (between General Jim Moore Boulevard, Canyon Del Rey Boulevard, and South Boundary Road) which is part of tract 132 that includes portions of the City of Monterey and unincorporated Monterey County qualifies as an RCAA. See Figure A1 and Figure A16 for census tract boundaries of Del Rey Oaks.
Increases in rents in recent years have placed a disproportionate burden on and, in some cases, have displaced lower income residents. Costs of residential housing have increased considerably for all residents of the region and the City, as discussed further below. However, this analysis did not identify any specific geographic area of population or disparity in access to opportunity in terms of education, employment, economic development, safe and decent housing, low rates of violent crime, transportation, and other opportunities, including recreation, food and healthy environment (air, water, safe neighborhood, safety from environmental hazards, social services, and cultural institutions).
E. DISPROPORTIONATE HOUSING NEEDS AND DISPLACEMENT RISK The fifth and final topic of this assessment is disproportionate housing needs and displacement risk.
According to HCD, “Disproportionate housing needs generally refers to a condition in which there are significant disparities in the proportion of members of a protected class experiencing a category of housing need when compared to the proportion of members of any other relevant groups, or the total population experiencing that category of housing need in the applicable geographic area. For purposes of 228
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this definition, categories of housing need are based on such factors as cost burden and severe cost burden, overcrowding, homelessness, and substandard housing conditions.” Cost Burden and Severe Cost Burden
Housing cost burden is commonly measured as the percentage of gross income spent on housing, with 30 percent threshold for “cost burden” and 50 percent the threshold for “severe cost burden”. A lowerincome household spending the same percent of income on housing as a higher-income household is therefore more likely to experience a “cost burden”. Some of the implications of high-cost burden can include housing-induced poverty, where overspending on housing leaves households little financial resources for other expenditures, and reduced savings which can impact asset accumulation. According to HCD, higher share of rent-burdened tenants and over-burdened owners is associated with a higher risk of displacement.
Table A14
Households by Income, 2020 Data Estimates
Income Level
Cost
Burdened >
30%
Cost
Burdened >
50%
Total
Households
Cost
Burdened >
30% Percent
Cost
Burdened >
50% Percent
Extremely LowIncome (0-30%) 24 20 39 61.5% 51.3%
Very Low-Income
(31-50%) 19 15 35 55.3% 42.9%
Low-Income (51-
80%) 14 10 45 31.1% 22.2%
Moderate-Income
(>80%) 20 10 45 44.4% 22.2%
Source: HUD, 2022
As seen above in Table A14, 57 households in Del Rey Oaks were paying 30 percent or more per month for housing (cost burdened) in the year 2020. Additionally, 6.9 percent of households were paying 50 percent or more per month for housing (severely cost burdened). These statistics are reflective of the lack of affordable housing in Del Rey Oaks, but the issue is not specific to the City itself. According to the 2020 data from the 2016-2020 ACS 5-year estimates (U.S. Census Bureau, 2020), 26 percent of California’s 5.8 million renter households paid more than half of their income on rent. Overpayment can contribute to displacement risk and reduce housing mobility, especially for extremely low-, very low- and lower-income households. Comprehensive Housing Affordability Strategy (CHAS) data from the U.S. Department of Housing and Urban Development (HUD) reveals extremely low- and very low-income households comprised approximately 12.4% of all households in Del Rey Oaks, and 13.4% households are low-income.
Households by income level in Del Rey Oaks can be found in Tables 2-13a and 2-13b of Chapter 2.0 of the Housing Element.
According to the California Association of Realtors’ 2020 Housing Affordability Update, in 2020, the median price for a single-family home in Monterey County was $830,000, and an average family would need to earn $149,000 a year to afford the monthly housing payment of $3,740. At the same time, the 2020 low-income level for a family of four in Monterey County was $77,500, and the moderate-income 229
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level for a family of four was $97,900. This fundamental imbalance results in increasing prices for both rental and ownership housing as the community competes for the limited supply of available housing.
Del Rey Oaks previously provided a middle-ground alternative to the very affluent Monterey Peninsula communities of Monterey, Pacific Grove, and Pebble Beach and the less affluent cities of Marina, Seaside, and Sand City, with somewhat moderate housing prices overall compared with the region. However, the average home price in Del Rey Oaks has increased significantly and is only affordable to above moderateincome households. The lack of inventory and new housing production throughout the region suggests that housing prices, both regionally and in the City, will continue to rise. Due to rising housing prices and rent levels, lower income households, many of whom work and provide critical services in the City, may be forced to leave the City to seek affordable housing in communities outside the Peninsula.
Overcrowding
A household is considered overcrowded if there is more than one person per room, and severely overcrowded if there is over 1.5 persons per room. Overcrowded households are usually a reflection of the lack of affordable housing available. Families that cannot afford suitably sized housing units are often forced to live in housing that is too small for their needs, which may result in poor physical condition of the dwelling unit.
Overcrowding is generally less of an issue in Del Rey Oaks compared to the County. Del Rey Oaks’ average household size of approximately 2.3 people is notably lower than the surrounding area, with average household sizes of 2.8 to 2.9 persons. Del Rey Oaks has experienced a decades long trend of stable to declining population. This trend as well as the smaller average household size are projected to continue through 2026. The City’s lower average household size is driven by a large share of 1- and 2-person households compared to the surrounding area.
Table A15 below shows overcrowding by tenure for the City of Del Rey Oaks in 2020. Owner-Occupied overcrowding (OO) is less than Renter-Occupied overcrowding (RO), with OO overcrowding at 0 percent and RO overcrowding at 5.4 percent. This table shows that overcrowding does not currently seem to be a major issue for the City of Del Rey Oaks. However, AMBAG is projecting a large population increase for Del Rey Oaks in the next 10 years. If these projections are accurate, overcrowding could become a more pressing issue unless more housing is developed. As seen in Table A15 and Table A7, the rate of overcrowded RO households is larger than that of OO households being overcrowded meaning there is a lack of affordable housing available in Del Rey Oaks.
Table A15
Overcrowding by Tenure
Del Rey Oaks, 2020
OO Number OO Percent RO Number RO Percent
Occupied Housing Units 465 73.5% 168 26.5%
Occupants per room
0.50 or Less 370 79.6% 115 68.5%
0.51 to 1.00 95 20.4% 44 26.2%
1.01 to 1.50 0 0% 9 5.4%
1.51 to 2.00 0 0% 0 0%
Source: U.S. Census Bureau, 2022
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Substandard Housing
As defined by the U.S. Census, there are two types of substandard housing problems: (1) Households without hot and cold piped water, a flush toilet and a bathtub or shower; and (2) Households with kitchen facilities that lack a sink with piped water, a range or stove, or a refrigerator. There are no units that lack complete plumbing and three units that lack a complete kitchen facility in Del Rey Oaks. Del Rey Oaks has fewer substandard housing issues compared to other cities in the region.
In addition to lacking complete plumbing or kitchen facilities, the age of housing stock can also be used as an indicator of overall housing conditions. If not properly and regularly maintained, housing can deteriorate and discourage reinvestment, depress neighboring property values, and eventually impact the quality of life in a neighborhood. Many federal and state programs also use the age of housing as one factor in determining housing rehabilitation needs. State and federal housing programs typically consider the age of a community’s housing stock when estimating rehabilitation needs. In general, most homes begin to require major repairs or have significant rehabilitation needs at 30 or 40 years of age.
Table A16
Del Rey Oaks Housing Stock by Year Constructed
Before
1960 1960-69 1970-79 1980-89 1990-99 2000 to Present
Number of
Units 464 69 56 113 9 3
Percent of
Total 65% 9.7% 7.8% 15.8% 1.2% 0.4%
Source: U.S. Census Bureau, 2020
*The U.S. Census Bureau defines a housing unit as a house, apartment, mobile home, a group of rooms, or a single room that is occupied or intended for occupancy as separate living quarters. Condominiums fall under the definition of apartment according to the U.S. Census Bureau.
Table A17
Age of Housing Stock (2016-2020)
Area Total Housing Units % Built After 1979 % Built After 1969 Monterey 13,615 27.1% 49.8%
Salinas 42,675 41.2% 58.9%
Seaside 11,594 28.0% 43.2%
Del Rey Oaks 714 17.5% 25.4%
Sand City 197 64.0% 70.1%
Monterey County 141,910 38.5% 56.8%
Source: U.S. Census Bureau, 2020
Note: Percent built prior to 1969 is inclusive of all built prior to 1979.
While the majority of housing in Del Rey Oaks is in good condition despite the age of the stock, the housing was constructed decades ago. Table A16 and Table A17 indicate that the proportion of older housing units in Del Rey Oaks, Monterey and Seaside is higher than in the County as a whole. The majority of the housing in Del Rey Oaks is over forty years old. There are also few housing units constructed in the City due to the lack of vacant residentially zoned land and limitation of water availability within the City. 231
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Homelessness
Those experiencing homelessness include individuals or families who lack or are perceived to lack a fixed, regular, and adequate nighttime residence, or who have a primary nighttime residence in a shelter, on the street, in a vehicle, or in an enclosure or structure that is not authorized or fit for human habitation.
People experiencing homelessness have the most immediate housing needs of any population group and are most vulnerable to violence and criminalization due to their unhoused status.
The 2022 Monterey County Homeless Report recently published provides the homeless population by jurisdiction and area.
26 The Point-in-Time Census (PIT) was conducted on two consecutive days in January, 2022. The PIT count identifies homeless persons by shelter status (sheltered or unsheltered). A Homeless Survey was conducted in the weeks following the PIT homeless count to collect basic demographic details and information including service needs and utilization.
27 Table A18 below identifies homeless persons by
shelter status in Del Rey Oaks and Monterey County from 2015, 2017, 2019, and 2022. The Department of Housing and Urban Development defines unsheltered homeless persons as those with a primary nighttime residence that is a public or private place, not designed for, or ordinarily used, as a regular sleeping accommodation for human beings, including a car park, abandoned building, bus or train station, airport, or camping ground. All persons identified as homeless in Del Rey Oaks would be considered unsheltered by this definition within the City, as the City does not have a publicly or privately operated homeless shelter.
Within Monterey County, 66 percent of homeless individuals were unsheltered and 34 percent resided in shelters (emergency shelters or transitional housing).
Table A18
Homeless Persons by Shelter Status, 2022
Jurisdiction
Unsheltered Sheltered
2015 2017 2019 2022 Net
Change 2015 2017 2019 2022 Net Change
Del Rey Oaks 55 111 0 2 -96% 0 0 0 0 --
Monterey
County Total 1,630 2,113 1,830 1,357 -17% 678 724 592 690 2% Source: Applied Survey Research 2015, 2017, 2019, and 2022.
Note: The 2017 Monterey County Homeless Census was conducted as a “blitz count.” Those who appeared to be homeless were included in the count, followed by an in-person survey.
Three types of facilities provide shelter for homeless individuals and families: emergency shelters, transitional housing, and permanent housing, as described below. 26 The count of homeless individuals staying at a shelter was conducted the night of January 27th, 2022, and the count of unsheltered individuals was conducted in the early morning of January 27th and 28th, 2022. The 2021 unsheltered count was postponed to the end of January 2022 due to COVID-19 safety concerns. The 2022 count was also conducted during the Omicron COVID-19 surge which challenged outreach efforts. The count identifies homeless persons by shelter status (sheltered or unsheltered).
27 Surveys were administered between January 29th and March 31st, 2022, to a randomized sample of individuals and families currently experiencing homelessness.
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• Emergency Shelter: housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. • Transitional Housing: a residence that provides housing for up to two years. Residents of transitional housing are usually connected to rehabilitative services. • Permanent Supportive Housing: refers to housing that is affordable, service-enriched, and allows formerly homeless clients to live at the facility on an indefinite basis.
The primary cause of a person’s inability to obtain or retain housing can be difficult to pinpoint, as it is often the result of multiple compounding causes. An inability to secure adequate housing can also lead to an inability to address or obtain other basic needs, such as healthcare and adequate nutrition. In Monterey County, 50 percent of survey respondents reported financial issues such as job loss and eviction as the primary cause of their homelessness.
Individuals experiencing homelessness can face significant barriers to obtaining permanent housing.
These barriers can range from housing affordability and availability to accessing the economic and social supports (e.g., increased income, rental assistance, and case management) needed to secure and maintain permanent housing. The most common response (71 percent) was “can’t afford rent” when asked what prevented them from obtaining housing, suggesting housing affordability and poverty issues as key obstacles. The second most common response (56 percent) reported a lack of job or not enough income, and 35 percent said they had no money for moving costs. Survey respondents were asked if they have received a housing voucher of any kind in the last 12 months, 10 percent of all respondents revealed they had, although only 21 percent of those respondents reported that they were able to successfully use the housing voucher. As reported by Applied Survey Research (ASR), the biggest obstacles to obtaining permanent housing for the homeless in Monterey County were inability to afford rent (71 percent), lack of a job/income (56 percent), and lack of money for moving costs (35 percent). An increase in affordable housing for lower-income individuals and access to employment may remove some of the obstacles to permanent housing and reduce some of the factors that contribute to homelessness in the County.
Del Rey Oaks amended their municipal code (Chapter 17.80 Emergency Shelters) to allow emergency shelters by right in accordance with State Housing Laws. The adoption of emergency shelter ordinances reduces zoning and land use barriers that prevent the development of housing and supportive services for homeless persons in Del Rey Oaks.
The City has not updated their ordinance for supportive and transitional housing other than the emergency shelter ordinance. The City proposes to amend their Zoning Development Code to ensure that transitional and supportive housing are allowed in residential and mixed-use zones subject to the same standards as a residence of the same type in the same zone consistent with Government Code Section 65583(c)(3), and to allow eligible supportive housing as a by-right use in zones where multifamily and mixed uses are permitted pursuant to Government Code Sections 65650 through 65656.
Resources: The City does not have housing navigation services, however, there are a number of resources in nearby Seaside, as identified in Table A-19. Housing navigation services are available to individuals experiencing housing instability or homelessness, often in conjunction with case management. 233
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Table A-19
Homeless Service Providers Nearby City of Del Rey Oaks 28 Shelters and Clients Population
Served
Beds and/or
Services
Day/Resource Centers
Monterey Peninsula Unified
School District – Family Resource
Center
Families
and
children
Provides support for homeless children and families within the Monterey Peninsula Unified School District including clothing, school supplies, and referral to other community resources to remove barriers
to education.
Emergency Shelter
Community Homeless SolutionsCentral Coast Respite CenterFormerly hospitalized
adults
A 6-bed shelter for homeless adults in need of respite care following stays in 3 participating hospitals. Access to meals, case management, and supportive services
designed to help participants transition to permanent
housing. By hospital referral only. The program also
maintains a bridge housing program for guests coming out of respite
care while lining up permanent housing options.
Community Human Services –
Casa de Noche Buena
Women
and
families
A 20-35 bed year-round shelter. Capacity depends on the number of children in families. Provides case
management, housing navigation, meals, laundry
facilities, mail service, social recreation activities, and linkages to income, education, and employment
Safe Parking Program Anyone in need An overnight safe parking program for people living in their legally
registered vehicles. The program opens at 7:00 p.m. nightly and closes each morning at 7:00 a.m.
Salvation Army – Frederiksen
House
Families; women
with children
Shelter available for up to 90 days in the program facility.
The Salvation Army also provides case management,
information & referral services.
Transitional Housing
Salvation Army – Casa de Las
Palmas
Families
with
children
Family transitional housing provides residential care for a period not to exceed 24 months Must be clean and sober. 9 units, 36 beds
Rental Support Services
Catholic Charities Anyone in need Family supportive services program provides eviction prevention assistance, financial education, nutrition
education, as well as assistance with Covered California and CalFresh application process. Rental assistance
Available November – March.
Monterey County Department of
Social Services - Community
Benefits Branch
Monter
ey
resident
s
Provides temporary public assistance benefits and services to assist eligible residents of Monterey County to meet basic needs. Programs include Temporary Cash Assistance for Needy Families (cash aid), General Assistance, MediCal, CalFresh, and CalWORKs. Eligibility for these public benefits is based upon income and resource levels.
Health and Wellness
28 City of Salinas, 2023.
https://www.salinascityesd.org/cms/lib/CA50010838/Centricity/Domain/149/Homeless%20Services%20Resource%20Guide%2 0ENG%202023.pdf
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Table A-19
Homeless Service Providers Nearby City of Del Rey Oaks 28 Shelters and Clients Population
Served
Beds and/or
Services
Sun Street Centers- Outpatient
Counseling
Men, women,
and teens
Provides counseling services for men, women, teens.
Group and individual sessions are provided for people
struggling with alcohol or drug abuse. Bi-lingual services are available. Counseling for couples and families is also available.
Community Human ServicesGenesis HouseMen, women,
and perinatal
women
A 36-bed state-licensed residential drug treatment
program for men, women, and perinatal women seeking
recovery from substance abuse. Children ages 0-5 may live with their mothers in treatment. Medi-Cal accepted.
Source: City of Seaside Housing Element, from Monterey County Homeless Services Resource Guide, January 2023 In addition to Table A-19, above, organizations offering housing navigation include Community Health Engagement (831) 770-1700; Housing Resource Center (831) 424-9186 and Central Coast Center for Independent Living (831) 757-2968. The Housing Authority of Monterey County (HACM) also has an HCV program specifically for homeless/housing unstable residents called the Emergency Housing Voucher (EHV). HACM also has dedicated Housing Navigator staff.29 Extremely-Low Income Households
Pursuant to state and federal regulations, the AMI refers to the median income for the Metropolitan Statistical Area. For the City of Del Rey Oaks, this area refers to Monterey County. The U.S. Department of Housing and Urban Development (HUD) periodically receives "custom tabulations" of Census data from the Census Bureau that are largely not available through standard Census products. The most recent estimates are derived from the 2015-2019 ACS and 2016-2020 ACS datasets. This dataset, known as the "CHAS" data (Comprehensive Housing Affordability Strategy), demonstrates the extent of housing problems and housing needs, particularly for lower income households. Households by income can be found in Table 2-13b of Chapter 2.0 of the Housing Element. • Extremely Low-Income: An “extremely low-income” household is one making less than 30 percent of the countywide median income. In 2020, 6.1 percent of total households were classified as extremely low-income in Del Rey Oaks. Extremely low-income households historically have significant housing needs because their limited incomes force them to spend a disproportionate share of their income on housing, while having a very limited choice of housing options. In Monterey County, a household with an income of less than $25,300 would be classified as extremely low-income.
• Very Low-Income: A “very low-income” household is one making between 30 to 50 percent of the countywide median income. In 2020, 6.3 percent of total households were classified as very low-income. Similar to extremely low-income, very low-income households historically have significant housing needs because their limited incomes force them to spend a disproportionate share of their income for housing. In Monterey County, a household with an income of less than $42,150 would be considered very low-income.
29 City of Seaside, 2023.
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• Low-Income: "Low-income" households are those households with incomes between 51 and 80 percent of countywide median income. In 2020, 13.4 percent of total households were lowincome. Low-income households have housing problems similar to very low-income households, with cost burden being the major issue. In Monterey County, a household with an income less than $67,450 would be considered low-income.
• Moderate-Income: The State defines “moderate-income” households as those with incomes between 81 and 120 percent of the countywide median household income. In 2020, 73.2 percent of total households were considered moderate-income households. Moderate-income households do not have the same problems as the previously mentioned categories, but they do face issues like overpaying for housing, but not in such significant numbers as low-income and very low-income households. In Monterey County, a household with an income above $67,450 would be considered moderate-income.
Housing the extremely low-income population can be especially challenging. Extremely low-income (ELI) households face housing problems mostly related to cost burdens. As seen in Table A14, 61.5 percent of ELI households in Del Rey Oaks were paying 30 percent or more per month for housing (cost burdened) and 51.3 percent of ELI households were paying 50 percent or more per month for housing (severely cost burdened). This subset earns income that is nearly equivalent to the federal poverty line.
Table A20 above shows the income groups of Del Rey Oaks compared to nearby Seaside and Monterey County. The proportion of moderate/above moderate-income households in the City was higher than the County as a whole.
Table A21
Households by Income, 2020 Data Estimates
Income Level OwnerHouseholds
RenterHouseholds Total Households Percent
Extremely Low-Income (0-30%) 35 4 39 6.1%
Very Low-Income (31-50%) 30 10 40 6.3%
Total 465 170 635 100.0%
Source: HUD, 2023
Table A20
Distribution by Income Group
Jurisdiction Total
Households
Extremely Low
Income
(0-30%)
Very Low
Income (31-50%)
Low Income
(51-80%)
Moderate/Above
Moderate
Income (80%+)
City of Seaside1 10,600 13.4% 16.4% 20.2% 50.0%
City of Del Rey
Oaks2
635 6.1% 6.3% 13.4% 73.2%
Monterey County1 127,155 12.3% 13.7% 19.7% 54.4%
Note: Data presented in this table is based on special tabulations from sample Census data. The number of households in each category usually deviates slightly from the 100% count due to the need to extrapolate sample data out to total households.
Interpretations of this data should focus on the proportion of households in need of assistance rather than on precise numbers.
Furthermore, because HUD programs do not cover households with incomes above 80% of the County Area Median Income (AMI), CHAS data does not provide any breakdown of income groups above 80% AMI. 1 Source: CHAS Data, 2015-2019. 2 Source: CHAS Data, 2016-2020. 236
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According to the 2016-2020 CHAS in Table A21 above, Del Rey Oaks has approximately 39 households with incomes at or below 30% of the household area median income. Extremely low-income households comprised approximately 6.1% of all households in Del Rey Oaks. and very low-income households comprised close to 6.3 percent of all households in Del Rey Oaks. Approximately 89.7 percent of ELI households in Del Rey Oaks are owners and 10.3 percent of ELI households are renters, 75 percent of VLI households are owners and 25 percent of VLI households are renters.
Programs of the Housing Element focus on accommodating affordable housing development for lowincome households, including extremely low-income residents. Program D.10 will assist in the development/redevelopment of properties for housing for special needs populations, including extremely low-income households. Actions of Program D.10 include conduction outreach, assisting with funding applications for housing for special needs populations, and granting incentives and concessions to housing developments that include units for special needs populations and extremely low-income households.
The City has a comprehensive AFFH Action Plan that includes mobility strategies, increased housing opportunities, and increased proactive outreach efforts to address disparities in housing needs of lowerincome groups and affirmatively further fair housing goals.
Elderly/Seniors
Senior citizens are considered a special needs group because of their limited income, health care costs, and disabilities. Because of their limited income status, the elderly often has a difficult time securing affordable housing and/or maintaining their existing housing units. While many of the elderly in Del Rey Oaks bought their homes 30 or 40 years ago, they may be relatively unaffected by the high cost of housing, but living on a fixed income makes them particularly affected by the high cost of home repairs and healthcare and the high cost of living in Monterey County. According to the ACS (U.S. Census Bureau, 2020), as shown in Table 2-15 of Chapter 2.0 of the Housing Element, the number of households with householders 65 years and over in Del Rey Oaks has grown from 167 in 2012 (25.3 percent) to 249 (39.3 percent) in 2020. Monterey County’s households with householders 65 years and over in 2020 was 33,939 (26.5 percent). There were 19 (3 percent) renter-occupied elderly households 65 years and over in Del Rey Oaks in 2020. This indicates that the majority of elderly people in Del Rey Oaks are homeowners rather than renters, which may have implications for “over-housing”, which means that these elderly people are living alone in three- or four-bedroom homes with limited mobility and special housing needs.
The City’s AFFH Action Plan includes mobility strategies, increased housing opportunities, and increased proactive outreach efforts to address disparities in housing needs of seniors and special needs groups to benefit vulnerable senior population. Programs such as universal design and aid in home rehabilitation allow persons to be able to stay in their homes. Local service providers such as Legal Services for Seniors and Alliance on Aging specifically target assistance and resources for the aging senior population. The small neighborhoods and community making up the City also serve to aid the aging citizenry with neighbor-to-neighbor outreach, particularly for the elderly. See also Displacement discussion below.
Farmworkers
Farmworkers are a special needs group due to the lower wages associated with their occupations. Many farmworkers also face language barriers and have difficulty finding affordable housing. There are no agricultural land uses in the general vicinity of the Del Rey Oaks. According to the 2016-2020 ACS 5-year 237
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estimates (U.S. Census Bureau, 2020), no one identified themselves as working in the “Agriculture, Forestry, Fishing and Hunting and Mining” industry within the City of Del Rey Oaks. There are no conditions on the development of farm worker housing in Del Rey Oaks because it is not differentiated from multi-family housing or dwelling groups. The City has no specific policies with regard to farmworker housing other than through the allowances for multi-family housing, due to the lack of demand within the community. The most recent USDA Agricultural Census (2017) estimates that there were 26,929 workers (hired labor) and 1,028 unpaid workers in Monterey County. Of the 26,929 hired laborers, more than half (14,806 workers, 55%) were employed for 150 days or more while the other 45% (12,123) workers were hired for fewer than 150 days and are likely seasonal workers. The USDA Census does not provide data at a City level. Due to the lack of farmworkers in the City, the City’s affordable housing programs do not specifically address the needs of farm laborers. However, resources available to other special needs groups would also address farmworker needs.
Students. Student housing often only produces a temporary housing need based on the duration of the educational institution they are enrolled in. The City is in close proximity to Monterey Peninsula College (MPC), Middlebury Institute of International Studies (MIIS), California State University Monterey Bay (CSUMB), Naval Postgraduate School (NPS), Defense Language Institute Foreign Language Center (DLI or DLIFLC). Typically, students are low-income and are, therefore, affected by a lack of affordable housing, especially within commuting distance from campus. (*Added December 6, 2023).
Displacement
Displacement is used to describe any involuntary household move caused by landlord action or market changes (investment- and divestment-driven), including disaster-driven displacement. Displacement is fueled by a combination of rising housing costs, rising income inequality, stagnant wages, and insufficient market-rate housing production.30 The Urban Displacement Project (UDP) Estimated Displacement Risk (EDR) identifies census tracts with low-income renter households; all areas within Del Rey Oaks are identified as Lower Displacement Risk. The nearest areas identified as At Risk of Displacement are within an area of the City of Seaside. Lower Displacement Risk estimates that the loss of low-income households is less than the gain in low-income households. However, some of these areas may have small pockets of displacement within their boundaries, and may be majority low-income experiencing small to significant growth in this population while in other cases they may be high-income and exclusive (and therefore have few low-income residents to begin with). UDP defines displacement risk as a census tract with characteristics which, according to the model, are strongly correlated with more low-income population loss than gain. In other words, the model estimates that more low-income households are leaving these neighborhoods than moving in.
31 30 Chapple, K., & Thomas, T., and Zuk, M. University of California, Berkeley Urban Displacement Project, 2021. 31 UC Berkley’s Urban Displacement Project defines residential displacement as “the process by which a household is forced to move from its residence or is prevented from moving into a neighborhood that was previously accessible to them because of conditions beyond their control.” As part of this project, the research has identified populations vulnerable to displacement (named “sensitive communities”) in the event of increased redevelopment and drastic shifts in housing cost. They defined vulnerability based on the share of low-income residents per census tract and other criteria share of renters above 40 percent; share of people of color more than 50 percent; share of low-income households severely rent burdened; and proximity to displacement pressures. Displacement pressures were defined based on median rent increases and rent gaps. 238
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The risk of displacement due to economic pressures is an important factor contributing to fair housing issues in Del Rey Oaks.
Although the model shows that all areas within City are identified as Lower Displacement Risk, displacement is of interest to ensure affirmatively furthering fair housing for those most vulnerable in the City. Del Rey Oaks’ elderly and lower-income residents would be most vulnerable to displacement out of the City, particularly in cost-burdened households. The rising cost of housing in Del Rey Oaks, Monterey County, and across the Monterey Bay and Central Coast region is a major contributor to displacement of the most vulnerable populations. While the City is considered a Lower Displacement Risk area, the nearby neighborhoods bordering the City to the north in Seaside are both considered high risk for displacement.
The City’s higher ratio of senior population and aging residents illustrates potential for future displacement issues for this vulnerable population.
Legal Services for Seniors provides services to prevent the displacement of seniors from the risks of eviction and foreclosure. The City also has a comprehensive AFFH Action Plan that includes mobility strategies, increased housing opportunities, and increased proactive outreach efforts to address disparities in housing needs of seniors and special needs groups to benefit special needs population and affirmatively further fair housing goals.
F. ANALYSIS OF CONTRIBUTING FACTORS AND FAIR HOUSING PRIORITIES
AND GOALS
The April 2021 Affirmatively Furthering Fair Housing Guidance published by HCD identifies examples of contributing factors by each fair housing issue area: outreach; fair housing enforcement and outreach capacity; segregation and integration; racially and ethnically concentrated areas of poverty; disparities in access to opportunity; disparities in access to opportunities for persons with disabilities; disproportionate housing needs, including displacement risks; and sites inventory. Using the analysis included in the AFH and the 2019 AI Report, the City has identified potential contributing factors to fair housing issues in Del Rey Oaks and outlines the meaningful actions to be taken.
The City of Del Rey Oaks has long experienced high housing cost and a lack of access to affordable housing, which significantly impacts special needs groups of the community. In 2019, the Regional Analysis of Impediments to Fair Housing Access (Regional AI) concluded that ELI and low -income households, as well as moderate income households, have limited opportunities for affordable housing in both the rental and homeownership markets in the City. The lack of available affordable housing has a significant impact on vulnerable communities, including large families with children, seniors and people with disabilities.
Fair Housing Issues, Contributing Factors and Meaningful Actions Table A-22 lists the most prevalent fair housing issues and their corresponding contributing factors for the City of Del Rey Oaks, as prioritized through the findings from the City’s outreach efforts and the above assessment, as outlined in the analysis above. Table A-23 consists of proposed housing programs the City will pursue to specifically overcome identified patterns and trends from the above assessment and proactively affirmatively further fair housing in Del Rey Oaks. The programs, actions and milestones are identified in Table A-23 and detailed in Chapter 7.0 of the Housing Element. 239
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Table A-22:
Fair Housing Issues and Contributing Factors
Priority Contributing Factor Fair Housing Issue
1 Overpayment and affordability
Lack of affordable housing
Disproportionate Housing
Needs
2 Availability of affordable units in a
range of sizes/ Location and type of
affordable housing
Disproportionate Housing
Needs
Segregation and Integration
3 Aging population and high cost of
living Displacement
4 Land use and Zoning laws per TL
Disparities in Access to
Opportunity for Persons with
Disabilities
Access to opportunity in the City is approximately evenly distributed across the city as evidenced by the relatively consistent TCAC scores citywide. There are no Racially Concentrated Areas of Poverty or Ethnically Concentrated Areas of Poverty (R/ECAPs) or Racially Concentrated Areas of Affluence (RCAAs) in the City, however, evidence indicates that some special needs groups may experience different economic conditions than the majority of other residents.
Contributing Factor: Overpayment and affordability/Lack of Affordable Housing.
A citywide fair housing issue is overpayment by renters and homeowners, particularly the ELI population.
Overall, in the City, almost 57.6 percent of renters (98 households) are cost burdened, compared to 27.3 percent of homeowners (127 households).32 The Monterey area including the City also has high to very high Location Affordability Index rates.
33 Special needs groups are more likely to experience poverty and are less likely to own their home than other population groups.
As evidenced in AFFH discussion above, 61.5 percent of ELI households in Del Rey Oaks were paying 30 percent or more per month for housing (cost burdened) and 51.3 percent of ELI households were paying 50 percent or more per month for housing (severely cost burdened). This subset earns income that is nearly equivalent to the federal poverty line.
Contributing Factor: Availability of Affordable Units In A Range Of Sizes/ Location And Type of Affordable Housing.
A second high priority fair housing issue in Del Rey Oaks is disproportionate housing needs because it is likely to affect most residents and not just special needs groups. The disproportionate housing needs are contributed by a lack of available affordable units in a range of sizes. This contributing factor is evident due to the levels of overpayment by homeowners and renters within both higher and lower income 32 CHAS Data, 2016-2020. 33 https://hudgis-hud.opendata.arcgis.com/datasets/HUD::location-affordability-index-v-1-03/explore?location=36.586106%2C121.766304%2C12.44 240
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households, including seniors and ELI populations. Both higher and lower income households, encompassing various household sizes and characteristics, may choose more affordable housing if available.
A combination of very high affordability in the Monterey Peninsula area as well as Del Rey Oaks, and higher levels of overpayment for housing indicate the need for more affordable housing, which could be provided through smaller unit sizes and a mix of housing types.
Contributing Factor: Aging Population and High Cost Of Living, Potential for Displacement.
The number of cost-burdened households indicates that special needs group residents are struggling to afford housing costs which can lead to displacement as a fair housing issue and ultimately can lead to homelessness for at-risk populations.
Contributing Factor: Disparities in Access to Opportunity for Persons with Disabilities.
The fourth fair housing issue is Disparities in Access to Opportunity leading to segregation and integration due to ongoing outdated zoning ordinances and the need to update the City Zoning Code relevant to addressing zoning restrictions related to zoning for persons with disabilities. The City has programs to resolve these issues, however, current zoning is outdated and the City Zoning Code lacks the required ordinances and requirements for reasonable accommodation, transition and supportive housing and other state requirements as evidenced in this document and the 2019 AI Report. In addition to zoning code contributing factors, the public review process for development of any large projects is a challenge to building housing throughout the Monterey Peninsula and in Del Rey Oaks. The City, like other jurisdictions, is subject to many requirements for development as well as opposition from local organized groups who are opposed to development in the former Fort Ord area of the City where land is available. 241
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Table A23
Contributing Factors & Actions
Identified Fair Housing Issue Contributing Factor Priority Meaningful Action Disparities in Access to
Opportunity for Persons with
Disabilities
Lack of affordable, accessible
housing High
• Facilitate the provision of
housing for special needs
groups and support efforts to
provide housing for elderly and
disabled (Program D.2)
• Review and amend the Zoning
Code to incorporate accessible
design (Program D.3)
Displacement of residents Medium
• Facilitate affordable housing
for all income levels and
persons with disabilities
(Program B.2)
• Adopt a universal design
element for new development
(Program D.7)
Disproportionate Housing Needs,
Including Displacement Risks
Availability of affordable units in a
range of sizes High
• Facilitate affordable rental
units (Program B.6)
• Encourage the construction of
Accessory Dwelling Units
(Program C.2)
Aging population, ELI Population Medium
• Consider adoption of ordinance
requiring new inclusionary
housing be provided on a
preferential basis to Del Rey
Oaks residents and workers
(Program B.4)
• Adopt a universal design
element for new development
(Program D.7)
Land use and zoning laws High • Develop a mixed-use zoning designation (Program A.2)
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Table A23
Contributing Factors & Actions
Identified Fair Housing Issue Contributing Factor Priority Meaningful Action Disparities in Access to
Opportunity
• Allow small lot residential
Planned Unit Developments
(PUD) (Program A.3)
• Consider development of an
inclusionary housing policy
option or developer agreement
template (Program B.1)
• Streamline permitting
consistent with SB 35 (Program
C.1)
• Amend the zoning code to
mitigate constraints (Program
C.3)
• Review zoning code and
develop objective design and
development standards
(Program D.8)
Availability, type, frequency, and
reliability of public transportation
Low
• Implement MM 3.16-1 of the
EIR to require future
development projects to
maintain bicycle, pedestrian,
and public transit access during
construction and providing
bicycle storage facilities at all
residential developments.
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The City of Del Rey Oaks remains committed to providing a diversity of housing options for all income levels, encouraging development throughout the community to help overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics. The City’s Housing Programs designed to address fair housing will be implemented on an ongoing basis to ensure they are achieving the City’s objectives. The 2019 Monterey County AI Report indicated the City needed to address ADUs, definition of family and emergency shelters. Zoning Ordinances updates completed these items during 2021 and 2023.
The City of Del Rey Oaks does not collect rental pricing on ADUs. The City of Santa Cruz conducts voluntary rental pricing surveys for ADUs each year, the results of which indicate the majority of ADUs are rented at low-income rents or below. For the 2022 survey, 89 percent of respondents who provided rental cost data were charging at or below the low income rent for their units.34 The City aims to leverage City-owned land for the development of affordable housing projects and provide a mix of densities, affordability and housing types to encourage diversity within the community, and encourage new housing choices and affordability in high resource areas through reduced development fees, increased incentives for development of ADUs and other housing choices within the City.
The population of Del Rey Oaks includes special needs groups, which require a variety of unit sizes to serve needs that are not currently addressed within the City. These issues include:
• Accessory dwelling units (ADUs). Encourage development and use of ADUs as a strategy to encourage affordable housing within the City. ADU’s can serve the aging population of the City and reduce displacement.
• Seniors. Del Rey Oaks had a high median age of 46.2 compared to nearby Monterey (36.9) and Seaside (30.6) in 2010 (2019 AI Report), and a median age of 49.4 compared to Monterey (36.9) and Seaside (33.8) in 2020 (2016-2020 ACS 5-Year Estimates). A growing cohort of seniors in the City indicates a poten�al need for specialized housing types and social services dedicated to seniors. According to the ACS (U.S. Census Bureau, 2020), as shown in Table 2-15, the number of households with householders 65 years and over in Del Rey Oaks has grown from 167 in 2012 (25.3 percent) to 249 (39.3 percent) in 2020. Monterey County’s households with householders 65 years and over in 2020 was 33,939 (26.5 percent).
• People with Disabili�es. The popula�on of Del Rey Oaks with a disability is 12.7 percent, similar or slightly higher than neighboring communi�es. As the popula�on ages, the City may need to consider future care and services for the aging popula�on and people with disabili�es. It is generally understood that the need for housing for people with disabili�es outweighs the availability of adequate housing units. Outreach, and the adop�on and implementa�on of universal design methods can increase the number of units available to people with disabili�es and aging popula�ons, provide housing mobility and reduce displacement. • Large Households. In 2020, 5.4 percent of owner-occupied households in Del Rey Oaks had five persons or more compared to 10.1 percent of renter-occupied households with five persons or more. This issue is not major at the moment, but with limited new housing development and 34 City of Monterey. Draft 2023-2031 Housing Element.
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increasing pricing, large families will have to deal with overcrowding due to the lack of large family affordable housing. Rental unit sizes available for rent in Del Rey Oaks do not currently serve large families. In order to beter serve this popula�on, it is important to develop affordable housing that can accommodate large families three (3) or more bedrooms and reduce barriers to affordable housing construc�on, and to consider incen�ves to encourage units suitable for larger households.
• Female-Headed Households. As of 2020, female-headed households represent approximately 6.7 percent of total households in Del Rey Oaks. As a goal of affirma�vely furthering fair housing, methods to priori�ze the inclusion of female-headed households and female-headed households with children to find adequate and affordable housing will be sought. • Homelessness. Although Del Rey Oaks contains a small unhoused/homeless popula�on compared to Monterey County, it is important to consider allowing types of facili�es to provide shelter for homeless individuals and families including emergency shelter, transi�onal housing, and permanent suppor�ve housing.
The following list summarizes those programs identified in this Housing Element which affirmatively further fair housing and implement Monterey County AI’s remaining recommendations:
• Programs A.1, B.1, and B.2 ensure very low, low, moderate, above moderate income, and inclusionary housing opportunities are made available in the city and to accommodate the City’s RHNA.
• Program A.2 develops a Mixed-Use Zoning Designation to reduce constraints on types of land use in commercial areas.
• Program A.3 reduceslot size constraints and promotes opportunities for smaller housing at higher densities.
• Program B.3 reduces constraints for very low-income and elderly cost-burden households. • Program B.4 incentivizes housing opportunities for Del Rey Oaks residents and workers. • Program B.5 promotes opportunities for density bonus provisions. • Program B.6 facilitates affordable rental units through funding opportunities. • Program B.7 promotes housing opportunities for teachers and local educational employees. • Programs C.1 and C.3 reduce mitigating constraints, remove barriers, and streamline permitting processes on housing development in the Zoning Ordinance. The Code will also be amended to remove constraints that subject potential persons with disabilities to special regulations such as the number of persons, parking requirements, special permits. • Program C.2 encourages the construction of accessory dwelling units as a source of affordable housing. and commits the City to comprehensive revisions to the zoning ordinance including design review, use permit requirements and parking requirements that constrain development of affordable housing and also reduces parking requirements for smaller bedroom types (e.g., one space per one-bedroom unit).
• Program C.4 ensures the availability of adequate water supply to serve the long-term housing needs of the City and commits the City and water agencies to provide needed water for affordable housing.
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• Program C.5 adopts a separate Environmental Justice Element of the General Plan to reduce disparities in environmental factors in the City.
• Program C.6 evaluates fees for development projects to reduce potential constraints on the development of higher-density housing.
• Program C.7 facilitates the development of lots larger than ten acres, particularly for the development of affordable housing units.
• Program C.8 requires remediation and clean-up prior to reuse of contaminated sites in former Fort Ord to protect human and environmental health and to remove the residential restriction on portions of the properties to promote development of needed housing. • Program D.1 provides fair housing education and outreach information publicly. • Programs D.2, D.3, D.4, and D.6 accommodate housing for special needs groups, including supportive housing, consideration of single room occupancy units, and to encourage or support emergency shelter facilities.
• Program D.7 develops a process for universal design in order to assist residents to age in their homes and reduce the risk of displacement.
• Program D.8 commits the City to evaluate the Zoning Code and to design guidelines to establish and adopt objective design standards for multifamily and mixed use residential development. • Program D.9 commits the City to adopt reasonable accommodation ordinance and implement procedures to address special needs groups for requests. • Program D.10 addresses needed housing for ELI Households and commits to assist in the development or redevelopment of one or more properties for housing for those with special needs, including housing affordable to extremely low-income households. • Program E.1 assists in rehabilitating housing for low-income homeowners and to owners of rental units that will rent to low-income households.
• Program E.4 provides annual reports to ensure the housing programs are achieving the City’s goals.
• Program E.5 addresses fair housing issues and affirmatively further fair housing in Del Rey Oaks.
To the extent that these programs represent ongoing work efforts, or are proposed, these programs are evaluated for effectiveness in Chapter 5 and Chapter 7 of the Housing Element. A number of the programs identified above propose to create, amend, and/or adopt specific ordinances that will affirmatively further fair housing practices. The City has undertaken a series of proactive amendments to its Zoning Ordinance to address new requirements related to emergency shelters and accessory dwelling units, and other Zoning Ordinance changes are in process for 2023 and 2024. The City will continue to partner with local and regional stakeholders to affirmatively further fair housing.
Sites Inventory
AB 686 requires a jurisdiction’s site inventory to be consistent with its duty to affirmatively further fair housing. This section evaluates the city’s site inventory locations against various measures in the Assessment of Fair Housing that includes income level, racially and ethnically concentrated areas of poverty, access to opportunity, and environmental risk to determine any socio-economic patterns or implications. State housing law requires jurisdictions to identify sites to meet RHNA obligations in a manner that is consistent with its duty to affirmatively further fair housing. Thisincludes determining sites 246
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that are able to achieve fair housing goals, such as combatting housing discrimination, eliminating racial bias, redressing historic patterns of segregation, and lifting barriers that restrict access. Affirmatively furthering fair housing will help foster inclusive communities so that households at all income levels and of all racial/ethnic makeups can enjoy a more equitable distribution of opportunity and proximity to jobs, transit, a high-quality education, and environmental benefits.35 Sub-Area Analysis
Typically, this section would describe sub-areas of a City that were analyzed to compare conditions Citywide to ensure that housing policies do not contribute to existing fair housing challenges. As previously described, the City of Del Rey Oaks is within three 2020 U.S. Census Tracts (132, 134, 141.09). However, the populated portion of Del Rey Oaks is located within one census tract (tract 134). Only a small portion of the City is in Tract 132 outside of the populated City. The Oopportunity sites (Site 1 and 1a and K1 and K2) in the Sites Inventory are a part of another much larger census tract (tract 141.09). This large within two other jurisdictions, including non-populated dedicated open space within Monterey County and a populated area 2.5 miles to the north of Del Rey Oaks. See Figure A16 for census tract 134 and census tract 141.09 boundaries.
Census Tract 134
The area of population within the City’s boundaries is census tract 134. The majority of the population in the City identify as Non-Hispanic White (76 percent) and the next highest category is Hispanic or Latino population (10 percent). The entire area within the Census tract shares similar qualities such as income levels, race and ethnicity, without any concentrated areas of poverty in the small jurisdiction, differences in services or other disparities.
A comparison of a jurisdiction’s site inventory against its LMI (low- to moderate- income) households and R/ECAP area can reveal if the City’s accommodation of housing is exacerbating or ameliorating segregation and social inequity. Although median income in Del Rey Oaks census tracts is higher than the neighboring areas of Seaside and Monterey, there is no concentration of income types within Del Rey Oaks. Figure A8 shows the percent of population whose income in the past 12 months is below the poverty level. Less than 10 percent of the population of Del Rey Oaks is below the poverty level. There are no LMI concentrations within census tract 134 of the City. As previously noted, the City of Del Rey Oaks does not have any R/ECAPs within its populated boundaries. The amount of city and site inventory areas not within an R/ECAP is therefore 100 percent.
Del Rey Oaks’s TCAC composite index score relative to economic, educational, and environmental factors can be used to designate areas of high segregation and poverty according to the TCAC/HCD Opportunity Map. As mentioned earlier, TCAC areas have been scored based on very good access to high quality schools, economic opportunities, and low environmental risk. Figure A10 shows sites inventory locations across the city’s TCAC Opportunity Areas including within the populated City. According to Figure A10, the majority of Del Rey Oaks is classified as High Resource. The City population within this area of the City all receive the same services, are located in close proximity to transit and have the same opportunity for recreational, open space and resources.
35 City of Monterey. Draft AFFH Analysis, 2023.
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Census Tract 141.09
New affordable housing opportunities in Sites 1 and 1a would serve to further fair housing choices in the City of Del Rey Oaks. Sites 1 and 1a in the sites inventory are currently undeveloped, unpopulated, and within a large census tract (141.09) that includes portions of Seaside and former Fort Ord lands. See Figure A16 for census tracts of Del Rey Oaks. The census tract is not identified as a R/ECAP, RCAA, or tract of High Segregation and Poverty of the TCAC/HCD Composite Opportunity Map from HCD. No data was applicable for tract 141.09 to determine racial segregation/integration according to OBI. While the sites are currently zoned as commercial/visitor serving, the City rezoned these sites to allow residential development on site.
Further, programs commit to site development for affordable and mixed-use zoning designation. Per Chapter 3.0 of the Housing Element, road extension is funded and utilities are planned to be extended to roads near the sites.
Moderate resource areas are areas with high index scores for a variety of educational, environmental, and economic indicators. The Moderate Resource area of the city is an undeveloped and unpopulated area and is within a larger census tract (141.09) comprising of former Fort Ord lands. However, this area includes a developed population in neighboring Seaside who would not receive the same City services upon development of the former Fort Ord lands within this tract in the City of Del Rey Oaks.
The population within this area of the City will all receive the same services, will be located in close proximity to transit and will have the same opportunity for recreational and open space resources. The proximity of these areas to the currently developed City area allows for access to the same opportunities as the current Del Rey Oaks residents. Although Sites 1 and 1a are currently vacant and located in a Moderate Resource area, the sites are near the High Resource area of tract 134 within Del Rey Oaks. In this respect, the sites inventory is considered to mitigate fair housing concerns regarding access to opportunity because housing development potential in the City can be equitably located in high resource areas when considering the City overall.
Figure A12 shows the sites inventory across the City’s CalEnviroScreen scores, including Sites 1 and 1a.
The tracts in Del Rey Oaks received composite score percentiles ranging from 5 to 51, at the highest range.
The highest environmental risk to residents accounts for the majority of the site’s inventory area.
The populated area of Del Rey Oaks scored within the lower percentile, representing more favorable environmental conditions. The area of higher percentile (over 50) of former Fort Ord represents a moderate potential pollution burden. As noted above, tract 141.09 includes former Fort Ord, a former US Army military training base. Information within Chapter 3.0 and Chapter 4.0 of the Housing Element and associated housing programs requiring remediation would reduce this risk, especially considering oversight by DTSC and EPA requiring clearance prior to home development. As noted in this Housing Element, there is also an area cleared of environmental risks by the Army and approved for residential development without additional remediation.
Capacity
It is estimated these city-owned sites are capable of realistically and conservatively accommodating up to 270 units (including 184 units of RHNA allocation and shortfall for the 6th cycleprevious planning period).
This conservatively assumes an area or assuming an area or areas would be subdivided up to 10 acres of development at a density of 20 units/acre consistent with HCD requirements, in a range of housing types 248
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and housing at all income groups. Future mixed-use development may provide housing and commercial/visitor serving opportunities and amenities, such as retail and transit stops. Recent adoption of a rezoning provides for a minimum density of 20 units/acre for Sites 1 and 1a. Over 100 acres is not constrained in Site 1 with residential restriction or hazardous materials from previous Army use. Proposed infrastructure is planned and will be in place within the planning cycle to support housing. .
As described in the Housing Element, Sites 1 and 1a have been selected by the City and HCD as appropriate sites to accommodate the City’s RHNA. The sites are anticipated to include future mixed- use and market rate housing, as described in Program A.2 and the previously-analyzed full buildout of the former Fort Ord properties. Due to the tract’s large size, lack of overall development, and low population, it may be difficult to assess the degree to which iImplementation of the 6th Cycle Housing Element and AFFH Assessment would improve or exacerbate conditions availability of affordable housing to meet RHNA, increase ability to address mixed use and smaller unit sizes, and with implementation of the full set of programs within Chapter 7.0, provide specific actions to remove constraints to reach capacity of 270 housing units to meet RHNA by 2031. Goals, policies, and programs of the Housing Element and General Plan would continue to affirmatively further fair housing efforts and seek to improve fair housing conditions within the City. Table A24 provides an analysis of the parcels within the sitessite’s inventory. Additional sites inventory information can be found in Chapter 3.0 and Appendix C of the Housing Element. 249
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Figure A16 Census Tract 134 and Census Tract 141.09 Boundaries 250
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Table A243
AFFH Sites Inventory Analysis
Sites Location Sites Inventory Capacity Census and AFFH Data Estimates2 Site
Name
Assessor
Parcel
Number
Census
Tract 1
Very LowIncome36LowIncomeModerateand AboveIncomeTotal Capacity
Tract
Existing
Housing
Units
Percent
White
Alone
Hispanic
or
Latino
Owner
Occupied
Renter
Occupied
Overpayment
by Owners
Overpayment
by Renters
HCV as
Percent of
Renters
Displacement
Risk
Site 1
031-191-
026-000
141.09 23 15 16 200 986 38% 29.3% 12.7% 87.3% 46.6% 63.6% 3.3% Lower
Displacement
Risk
Site 1a
031-191-
027-000
141.09 5 4 0 40 986 38% 29.3% 12.7% 87.3% 46.6% 63.6% 3.3% Lower
Displacement
Risk
Site 1a
031-191-
028-000
141.09 13 10 0 30 986 38% 29.3% 12.7% 87.3% 46.6% 63.6% 3.3% Lower
Displacement
Risk
AFFH
ADUs
Various 134 X4 X4 X4 X20 714 76.1% 10.2% 73.5% 26.5% 32.9% 53.6% 0% Lower
Displacement
Risk
Source: AFFH Data Viewer 2.0, 2016-2020 ACS 5-year estimates. 1 Tract 141.09 includes a portion of Seaside and former Fort Ord. 2 Data is presented at the census tract level
Table A24
AFFH Sites Inventory Analysis
Sites Location Sites Inventory Capacity Census and AFFH Data Estimates2 Site
Name
Assessor
Parcel
Number
Census
Tract 1
Affordability
level
Total
Units Total
Capacity
Tract Existing
Housing
Units
Percent
White
Alone
Hispanic
or
Latino
Owner
Occupied
Renter
Occupied
Overpayment by
Owners
Overpayment by
Renters
HCV as
Percent of
Renters
Displacement
Risk
Site 1
031-191-
026-000
141.09
Very Low 23
200 986 38% 29.3% 12.7% 87.3% 46.6% 63.6% 3.3%
Lower
Displacement
Risk
Low 15
Moderate and
Above
16 Site 1a
031-191-
027-000
141.09
Very low 5
40 986 38% 29.3% 12.7% 87.3% 46.6% 63.6% 3.3%
Low 4
36 Includes Extremely-Low Income units as 50% of Low Income units described above. 251
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Moderate and
Above
0 Lower
Displacement
Risk
Site 1a
031-191-
028-000
141.09
Very Low 13
30 986 38% 29.3% 12.7% 87.3% 46.6% 63.6% 3.3%
Lower
Displacement
Risk
Low 10
Moderate and
Above
0 AFFH
ADUs
Various 134
Very Low X
X 714 76.1% 10.2% 73.5% 26.5% 32.9% 53.6% 0%
Lower
Displacement
Risk
Low X
Moderate and
Above
X
Source: AFFH Data Viewer 2.0, 2016-2020 ACS 5-year estimates. 1 Tract 141.09 includes a portion of Seaside and former Fort Ord. 2 Data is presented at the census tract level
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Appendix B - Public Outreach
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Item A.
City of Del Rey Oaks Housing Element Documents and Meetings 6th Cycle
The following links to workshops, meetings and public documents provide background on public outreach for the 6th Cycle Housing Element Update for the City:
• March 16, 2023, Workshop: Housing Element Workshop and Joint Meeting of City Council and Planning Commission Agenda Packet
• March 28, 2023 Emergency Shelter Ordinance and Status Report on Housing Element Update:
City Council Meeting Agenda Packet
• May 3, 2023, Virtual Workshop: Housing Element Workshop • May 9, 2023, In-Person Workshop: Housing Element Workshop and Joint Meeting of City Council and Planning Commission Agenda Packet
• May 17, 2023, Planning Commission Meeting: Special Planning Commission Meeting Agenda Packet
• May 26, 2023, 30-Day Public Review Draft Posted and Comment Period Begins: 6th Cycle Public Review Draft Housing Element Update
• June 26, 2023, 30-Day Public Comment Period Concludes: Comment Letters 6th Cycle • July 12, 2023, Planning Commission Meeting: Planning Commission Meeting Agenda Packet • August 22, 2023, City Council Meeting: City Council Meeting Agenda Packet • September 19, 2023, In-Person Workshop: Housing Element Workshop and Joint Meeting of City Council and Planning Commission Presentation
• November 8, 2023, Planning Commission Meeting: Planning Commission Meeting Agenda Packet
• November 14, 2023, City Council Meeting: City Council Meeting Agenda Packet • December 6, 2023, City Council Meeting: City Council Meeting Agenda Packet 256
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Appendix B-1
Public Meetings Comments and Written
Comments
258
Item A.
Public Comment Matrix
Appendix B-1-1
Verbal Comments During
Workshops and Meetings
259
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Appendix B-1
HCD Dra� 6th Cycle Housing Element Update Housing Plan
City of Del Rey Oaks B.1-1 November 2023
Del Rey Oaks Housing Public Par�cipa�on Summary
Appendix B-1
Del Rey Oaks Housing Public Par�cipa�on Summary -Comments made during Public Mee�ngs (Verbal Comments) See also Summary of Writen Comments, following in Appendix B-2 Workshop Date(s)
Comment Raised
Comment Topic HE Reference How is this addressed in 6th Cycle Update?
How is this topic also addressing
AFFH?
March 16, 2023,
Workshop; March 28,
2023, Public Mee�ng
on 6th Cycle Scope
and May 9, 2023,
Workshop
Integra�ng all income
levels in the new
housing in former
Fort Ord.
Chapter 7,
Housing Plan
Programs
AFFH, Appendix A
Exis�ng policies including Housing
Plan Program A.1 address this.
Also, added mixed use program
for housing. See New Program A.2
Mixed use provides for greater
flexibility and opportunity for
diversity of all housing types in the
City.
May 3, 2023, and
May 9, 2023,
Workshop
ADUs -can we use for
mee�ng RHNA.
Chapter 4
Housing
Constraints,
Chapter 7
Housing Plan
Using 20 ADU units; not enough
ADUs to meet all RHNA.
Amended program for ADU with
requirements for incen�ves,
monitoring and determining levels
of affordability.
See Program C.2.
Increased opportuni�es for housing
for seniors and others at risk of
mobility out of community.
May 9, 2023,
Workshop
Universal design is an
important tool for
keeping seniors and
those with disabili�es
in place.
Chapter 2
Popula�on and
Housing Profile.
Also, see above.
Added discussion in AFFH and
Chapter 2 and 4 to note aging in
place is important to build for
longevity and diverse popula�on.
New program D.6.
Increased opportuni�es for housing
for seniors and others at risk of
mobility out of community. Also,
provide informa�on such U.D.
literature, conduit for informa�on,
and encourage UD in building
permit process and senior
resources.
Displacement risk and substandard
housing are topics of AFFH.
May 17, 2023 Provide informa�on
such Universal Design
literature, be conduit
for informa�on for
senior resources and
Appendix B Added Program D.7 to develop
Universal Design program, to
create housing standards and
ordinance.
The program to develop Universal
Design promotes housing that can
work par�cularly for seniors and
persons with disabili�es. Key factor
in special needs groups to assist
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Appendix B-1
HCD Dra� 6th Cycle Housing Element Update Housing Plan
City of Del Rey Oaks B.1-2 November 2023
Del Rey Oaks Housing Public Par�cipa�on Summary -Comments made during Public Mee�ngs (Verbal Comments) See also Summary of Writen Comments, following in Appendix B-2 Workshop Date(s)
Comment Raised
Comment Topic HE Reference How is this addressed in 6th Cycle Update?
How is this topic also addressing
AFFH?
other underserved
communi�es.
keeping seniors in their homes
longer and avoiding displacement
May 3 and 9, 2023,
Workshops and May
17, PC Mee�ng
Aging in place
important. Seniors
and others at risk of
mobility out of
community place.
Chapter 2
Popula�on and
Housing Profile
Added Program D.7 to Adopt
Universal Design Ordinance.
Updated ADU program, Program
C.2, to increase outreach for
ADUs.
Increased opportuni�es for housing
for seniors and others at risk of
mobility out of community.
Displacement risk and substandard
housing are topics of AFFH.
July 12, PC Mee�ng
November 9, PC
Mee�ng, and
November 14 CC
mee�ng
Housing site
design/loca�on
Sites 1 and 1a seems
like the only area city
has– is there
adequate site
areas/for this much
housing?
Chapter 7,
Housing Plan
Program
and
Chapter 3.0 Sites
Inventory and
Appendix C.
Overlay zone in Program A.1
rezoning.
Added figure and text in Chapter
3.0 Sites Inventory and Appendix C
to address site and realis�c
capacity with large area of vacant
land available that has no
residen�al restric�on.
Increased areas mean more
opportunity for mixed use and
diversity of all housing types in the
City.
AFFH cites fair housing issue is also
disproportionate housing needs
due to the contributing factor of a
lack available affordable units in a
range of sizes.
May 3 and 9, 2023,
Workshops
and May 17, PC
Mee�ng
November 9, 2023 PC
Mee�ng and
November 14, 2023
CC mee�ng
Hazardous materials
Adequate areas of
cleared land in
former Fort Ord;
Environmental
impact and zoning on
site north of South
Boundary. Is only a
portion able to
support housing in
terms of cleanliness
of soil.
Chapter 4
Housing
Constraints
Added informa�on on Hazardous
materials in Chapter 4. Added map
in Appendix C that iden�fied areas
that are cleared for residen�al and
process for DTSC clearance all
areas. Clarified process for
clearance by DTSC for areas
outside Site 1.
Ensure proper protocols in place
for safety for all ci�zens and future
residents.
Mixed use and mul�ple levels of
affordability and mixed-market rate
housing is proposed for former Fort
Ord – not only affordable proposed
for this area. DTSC clearance
assures safety for these areas;
other area jurisdic�ons history of
development on former Fort Ord
cleaned sites evidence safety.
261
Item A.
Appendix B-1
HCD Dra� 6th Cycle Housing Element Update Housing Plan
City of Del Rey Oaks B.1-3 November 2023
Del Rey Oaks Housing Public Par�cipa�on Summary -Comments made during Public Mee�ngs (Verbal Comments) See also Summary of Writen Comments, following in Appendix B-2 Workshop Date(s)
Comment Raised
Comment Topic HE Reference How is this addressed in 6th Cycle Update?
How is this topic also addressing
AFFH?
Disparity of income
levels at former Fort
Ord for housing?
Mixed use areas and Program A.2
Integrate below market rate and
affordable units.
May workshops,
July 12, 2023
Airport safety Chapter 4
Housing
Constraints
Appendix C
Added informa�on on airport
safety zones, including mapping in
Appendix C to evidence areas of
clearance safety.
No sites located in unsafe areas; no
concentra�on of persons/housing
allowed in these areas. Safety for
future housing.
May workshops,
July 12, 2023
Address site
inventory if approved
site for RV’s (K-2) site
be an appropriate
approach for
addressing RHNA?
Chapter 3.0 Sites
Inventory and
Appendix C.
Added K-2 to Site Inventory,
reached out to owner. Added
areas K-1 and K-2 to Sites
Inventory to increase area of land
and opportuni�es where RHNA
can be met.
Addressed through no net loss,
adding these areas as supplemental
inventory sites. Rezoning would be
required and separate approval
from Sites 1 and 1a.
May 17, PC mee�ng
Inclusionary housing
Ordinance program –
need minimum
percentage to ensure
affordable; don’t
want minimum
percentage as it may
reduce amount of
affordable.
Chapter 7, Retained Program. B.1 to Adopt
Inclusionary housing Ordinance
program.
Program to first study Inclusionary
Housing Ordinances in other areas;
ensure City first studies it and then
can address how inclusionary
housing can increase affordability
but not diminish poten�al.
May 3 and 9, 2023
Workshops and
May 17, PC Mee�ng
Desire for infill and
mixed-use
development
Chapter 1,
Chapter 3,
Chapter 4,
Chapter 7
ADUs allowed in mixed-use, byright suppor�ve housing in mixeduse (mee�ng certain requirements) (Amended Program
C.3). Site Inventory for poten�al
Transporta�on sec�on in AFFH
(access, closer to employment,
retail, services)
Added Program A.2 for mixed use ,
and Program B.7 for affordable
employee housing at MPUSD site.
262
Item A.
Appendix B-1
HCD Dra� 6th Cycle Housing Element Update Housing Plan
City of Del Rey Oaks B.1-4 November 2023
1 Note: Please see Appendix B-2 for responses to writen comments on availability of Sites 1 and 1a related to water and hazards.
Del Rey Oaks Housing Public Par�cipa�on Summary -Comments made during Public Mee�ngs (Verbal Comments) See also Summary of Writen Comments, following in Appendix B-2 Workshop Date(s)
Comment Raised
Comment Topic HE Reference How is this addressed in 6th Cycle Update?
How is this topic also addressing
AFFH?
development loca�ons. Policy A.2,
Program D.5
May 17, PC mee�ng
July 12, 2023
What is affordable?
No one can afford
housing in this area.
AFFH AMI and AFFH sec�on Cost Burden (percentage of gross income spent on housing) is a topic
discussed in AFFH. Added Program
D.10 concerning ELI housing and
addi�onal programs to address
special needs (See Programs B.2,
D.2, D.3, D.4, D.6, and D.9).
May 3 and 9, 2023
Workshops
Nov 9, PC Mee�ng
Water is constraint
and no water is
available to Sites 1
and 1a.
Chapter 4,
Chapter 3,
Chapter 7 and
Appendix C
Chapter 4 provides more
informa�on and references water
availability; updated sec�on for
HCD. Also, see writen comments.
Added Program C.4 for water
infrastructure and require proof of
water to ensure long term supply1
.
263
Item A.
Public Comment Matrix
Appendix B-1-2
Written Comments and
Revisions Made
264
Item A.
Date Received,
Group, and
Name and Title
of Sender
Comment
Issue Area
Summary of Comment Revision to Address Comment Notes or Addi�onal Response 6/27/2023
Monterey
Peninsula
Unified School
District
(MPUSD)
PK Diffenbaugh,
Superintendent
Housing,
Policies and
Programs
• Proposes adop�on of policy and
program for streamlined ministerial
permi�ng of employer-sponsored
housing (modeled on AB 2295 and SB
35) on land owned by a local
educa�onal agency.
• City added program on
preferen�al housing for
MPUSD employees.
• See Chapter 7.0, Program
Revisions
• Ordinance will provide ministerial
approval of mul�-family infill housing
that meets objec�ve development
and design review standards.
• First priority is MPUSD employees,
then public agency employees, then
members of public.
6/15/2023*
LandWatch,
Mike DeLapa,
Execu�ve
Director
*Note: Letter has
same comments
as 7/15/2023
letter to HCD and
EIR comment
letter dated
9/27/2023 on the
EIR.
Site
Inventory:
Sites in
former Fort
Ord
• Leter suggests site inventory
inadequate due to infeasibility of
development on former Fort Ord Sites
1 and 1A.
• Leter suggests that other areas in the
City should be where affordable
housing is located.
• Suggests assigning RHNA to sites
outside Fort Ord in Program A1.
• Provided further
informa�on in Chapter 4.0
Housing Constraints.
• Added mapping and
informa�on on constraints
in Chapter 4.0 and in
Appendix C.
• The City added programs
with specific �metables to
ensure that the land is
feasible for development
• The City has sufficient land to
accommodate its share of regional housing
needs for all income groups in RHNA and
has iden�fied adequate sites per State law
(California Government Code Sec�on
65583[c][1]).
• Selec�on of sites addressed in Chapter 3.0
and in mul�ple public mee�ngs.
• See further responses and specific
ac�ons/addi�ons to Housing Element by
issue area below.
6/15/2023
LandWatch
Housing,
Policies and
Programs
• Suggests enforceable language,
measurable objec�ves or objec�ve
standards for policies and programs.
• Added more specificity,
and program and �meline
to mee�ng objec�ves.
• See Chapter 7.0, Program
Revisions
• See Chapter 7.0, Program Revisions
6/15/2023
LandWatch
Hazardous
Materials
precludes
residen�al
use
• Notes land use covenants restric�ng
approval for residen�al use.
• Leter inquires about sites, costs and
feasibility of cleanup.
• Added Figure 5 showing
No Residen�al Restric�on
• Added text in Chapter 4
Housing Constraints for
Site 1 residen�al use.
• Added program to address
• There is exis�ng adequate area for RHNA
with no deed restric�on for residen�al use
on Site 1. City working with BRAC and
DTSC to remove restric�on on remaining
areas.
265
Item A.
6/15/2023
LandWatch
Water
Supply
Adequacy
• Comment objects to the term water
“alloca�on” from MCWD UWMP.
• Leter states there is no FORA
relevance and alloca�ons as basis for
water supply for former Fort Ord.
• Ques�ons water availability for Site 1
and if water would con�nue to be
available due to a 6,160-unit water
“cap”.
• Deleted “allocated”
language in reference to
UWMP in Chapter 4
Housing Constraints.
• Added informa�on on
approved water projects.
• Added reference to MCWD
Can & Will serve leter and
water agreement w/City
• Added program to address
�ming for water
development
• Chapter 4.0 and MCWD added Water
agreement address the 6,160-unit cap
• Water can be available from other sources,
not necessarily the Salinas Valley
groundwater.
• The M1W and MPWSP approved projects
will provide adequate water supply for
development.
• See revisions in Chapter 4.0 Constraints
and revised program for water in Chapter
7.0, Program Revisions
6/15/2023
LandWatch
Policies and
Programs:
density
• Suggests higher densi�es in Program
A2.
• Suggests ministerial approval or PUD
permits in Program A3.
• See comments above.
• The City follows State law
for by right and ministerial
permi�ng.
• The City is adding program
for employer-sponsored
housing (modeled on AB
2295 and SB 35) per
MPUSD request.
• Program A.2 revised to cite density and
higher density required
• City notes mee�ng RHNA is possible on
the por�on of Site 1 without the
restric�on on residen�al use.
• Sites can access an�cipated water supply
from the comple�on and opera�on of the
M1W and MPWSP approved projects
would not result in needing higher
densi�es to meet RHNA.
• Comment addressing ministerial approvals
referred to City decision makers
6/15/2023
LandWatch
Policies and
Programs
Suggests assessment of inclusionary
and affordable housing ordinance and
measurable objec�ves in Program B1.
• States Program B2 lacks measurable
objec�ves or standards and objects to
Program B2 for RHNA.
• The City Manager and
Planning Commission
considered a dra�
inclusionary housing
program in development
of the dra� HEU. Program
was amended for either an
ordinance or a
development agreement
to be used for this program
to achieve RHNA. City
added ac�ons to monitor
this program.
• Program B1: The City does not have an
inclusionary housing or affordable housing
ordinance in the City’s Municipal Code.
The purpose is to require affordable
housing in both rental and for-sale housing
consistent with provisions of the California
Government Code.
• See Chapter 7.0, Program Revisions
• Added measurable objec�ves in Program
B1, and Program B2
266
Item A.
• Recommends revising Program B3 to
specify housing voucher incen�ves.
• Recommends revising Program B4 to
state why program for preferen�al
housing for City residents and workers
would meet RHNA.
• States Program B5 should be revised
for a density bonus above minimum
requirements under State Law.
• States Program B5 should be revised
for density bonuses in all zones
permi�ng residen�al uses.
Reviewed changes and
revised programs with
incen�ves and �melines.
Density bonus program is
intended to be consistent
with state law. No
amendment above
minimum requirements
were added at this �me;
see addi�onal notes.
During the development of
the Density Bonus
ordinance, there will be
addi�onal opportuni�es
for the City to make
decisions regarding the
requirements that go
beyond the State Law.
• See Chapter 7.0, Program Revisions
• Added measurable objec�ves and
�melines for Program B3.
• Reviewed Program B4 regarding request
to state why program for preferen�al
housing for City residents and workers
would meet RHNA.
• Program B5 uses the approach that
density bonuses are consistent with State
Density Bonus Law. Specifics of increasing
this program requirement and revisions to
B4 will be considered when hearings and
public comments on these ordinances are
underway. This process allows for careful
considera�on of various factors and
community needs before finalizing the
updated ordinance.
6/15/2023
LandWatch
Policies and
Programs
• Suggests Program C2 should be
revised to specify the �me period for
ADU ministerial permit and approval.
• Added ADU and JADU
development annual
review in Timeline and
Objec�ve of Program C2.
• The program �tle is meant to encourage
construc�on of ADUs and is appropriate.
The detail and language provide
monitoring and ac�ons to encourage and
track progress. In addi�on to outreach, the
City program proposes to create a
monitoring program to track ADU and
JADU crea�on and affordability levels
throughout the planning period. This will
allow the City to monitor the development
of accessory units at all income levels.
6/15/2023
LandWatch
Policies and
Programs
• Suggests a new program to iden�fy
and upzone exis�ng residen�al areas.
• Recommends elimina�ng R-1 zoning
and allowing mul�family residen�al
uses in all residen�al areas.
• Added a program to
develop objec�ve design
standards for the review of
mul�-family housing and
• ADUs and state law allow for addi�onal
units on residen�al and commercial sites.
Amend ADU program per above comment.
267
Item A.
• Recommends the Housing Element
require the development of objec�ve
development and design review
standards for streamlining.
• Suggests requiring by-right ministerial
permi�ng in all zones permi�ng
residen�al uses.
mixed-use development
applica�ons.
• Added a program for
development of SB 35
ordinance and compliance
per HCD leter and advice.
• Elimina�on of R-1 or other addi�onal
programs are not considered needed to
meet RHNA.
• The City follows State law for by right and
ministerial permi�ng.
6/15/2023
LandWatch
• Suggests a series of revisions to
Zoning Code related to ministerial
approvals
• Added a program for
objec�ve design standards.
• Added a program to
address SB 35 per
comment
• Specifics of comment can be considered
when hearings and public comments on
these ordinances and updates are
underway.
Public Comment
received
7/12/2023
Policies and
Programs
• Verbal comment to include square
foot fees versus by value to
incen�vize smaller and more
affordable units
• Add a program for fees to
address comment.
• Added program for fees including by
square foot to assist with crea�on of more
affordable housing.
9/26/2023
California Na�ve
Plant Society
(CNPS)
Patrick Furtado,
Conserva�on
Commitee
Chair
Constraints
to former
Fort Ord
area.
• States environmental constraints of
Sites 1 and 1a.
• Objects to use of former Fort Ord for
development of housing.
• See response to LW Sites 1
and 1a comment and
hazardous materials
responses to LW comment,
above.
• Future development would require
compliance with federal, state, and local
regula�ons and would be required to
mi�gate and obtain necessary permits
commensurate with project-specific
impacts.
9/26/2023
CNPS
Biological
Resources
• Describes special-status plant and
wildlife species poten�ally on Sites 1
and 1a.
• Suggests �ered-EIR program -wants
more site-specific plant and wildlife
surveys on these sites now.
• Cites biological impacts as ra�onale
for no development on former Fort
Ord.
• Added biological
constraints informa�on to
Chapter 4.0, Housing
Constraints.
• Impacts are evaluated at a
program level and where
appropriate, indirect
impacts that can be
an�cipated are assessed at
a deeper level, when
informa�on is available.
• The biological analysis
includes the evalua�on of
• The biological analysis is a program-level
analysis for the Housing Element update
and the General Plan amendment. Specific
subsequent projects, their associated
loca�ons, and physical effects on the
environment from the implementa�on of
the proposed Housing Element update.
However, it is not known at this �me, what
impacts would occur, the extent of the
impacts, nor whether impacts could be
268
Item A.
known and poten�al
special-status species and
sensi�ve habitats within
the project site at a
program-level.
• Final EIR responses to
comment fully address all
comments from CNPS.
Mi�ga�on is proposed
avoided through site design or other
project design features1.
• The comments are concerned about the
poten�al significant impacts of future
development on sensi�ve species and
habitat. However, the area of former Fort
Ord is already planned for over 500,000
square feet of commercial and visitor
serving development. The EIR notes that
the only difference if no housing on former
Fort Ord in response to the leter’s
comments, would be con�nued lack of
affordable housing to meet the chronic
community’s needs for housing.
9/26/2023
CNPS
Hazards and
Hazardous
Materials
• Describes UXO and hazardous
materials history for former Fort Ord
as ra�onale for no development of
residen�al uses on these sites.
• Includes environmental jus�ce
informa�on and suggests no
residen�al use for this property due
to safety concerns.
• Added addi�onal text and
mapping to show the large
por�on of former Parcel
E29a (Site 1) without
residen�al.
• No residen�al use would
be allowed without the
li�ing of restric�ons and
clean up, similar to other
sites in former Fort Ord.
• A brief history, regula�ons, and descrip�on
of exis�ng muni�ons/UXO hazards on
former Fort Ord are provided in Sec�on
3.9 of the EIR and in Chapter 4.0.
• Per the BRAC EIR comment leter, the
Army is working with the City to modify
federal deed restric�on to remove the
residen�al use restric�on from the middlepor�on of Site 1 (E29a) as described in the Record of Decision (ROD).
• 6th Cycle Housing Element Appendix A
provides a discussion of Affirma�vely
Further Fair Housing (AFFH) analysis
related to environmental jus�ce.
1 The 2023 Housing Element Update EIR fully evaluated impacts to the former Fort Ord. The biological analysis was a program-level analysis for the Housing Element update and the General Plan amendment. Specific subsequent projects, their associated loca�ons, and physical effects on the environment from the implementa�on of the proposed Housing Element update, General Plan amendment, and rezoning are not known at this �me. In addi�on, to address poten�al impacts to sensi�ve biological resources, mi�ga�on measures are required for any future development within the area. Future development will be required to comply with all applicable federal, state, and local regula�ons, including the federal ESA and CESA, and obtain all required permits. Once future project-specific impacts are iden�fied, all necessary regulatory agency coordina�on and permi�ng processes will be ini�ated. However, it is not known at this �me, what impacts would occur, the extent of the impacts, nor whether impacts could be avoided through site design or other project design features. 269 Item A.
Public Comment Period for Local Draft Housing Element Update ** The public review local draft of the 6
th Cycle Housing Element was available for public review for 30 days starting on May 26, 2023 on the City’s webpage: 6
th Cycle Public Review Draft Housing Element
Update.
This HCD Review Draft Housing Element reflects the changes made after the close of the 30-day review period. The changes include revisions to clarify water supply and deed restriction for residential use in the former Fort Ord, and the inclusion of four additional programs:
• Program B.7 Preferential Housing for Teachers and Local Educational Employees • Program C.5 Adopt Safety Element Update and Environmental Justice Element • Program C.6 Evaluate Fees for Development Projects
• Program D.8 Develop Objective Design and Development Standards Additionally, program revisions and additions were made to implementation and timing based on comments provided and input from Planning Commission hearing on July 12, 2023.
The HCD Review Draft July 2023 Housing Element Update also updated certain chapters of the Housing Element in response to the public comments raised in the two comment letters received and public testimony on July 12, 2023:
• Chapter 1, Introduction, details the meetings and public outreach conducted for this Update. • Chapter 3 provides additional information on the previous assessment of potential sites identified outside of former Fort Ord and clarifies the water availability, infrastructure extensions, and constraints of the updated sites inventory.
• Chapter 4 includes information on areas adequate for residential use in Site 1, and details deed restriction for water supply for the former Fort Ord.
• Chapter 7 incorporates the four additional programs listed above, and updates and revises specific programs.
• Appendix C includes supplemental maps to provide context on residential use constraints on former Fort Ord and also adds a map showing school district property as a candidate site outside of the former Fort Ord, consistent with Program B.7.
The public comment letters received during the 30-Day Public Comment Period were published on the City website and also presented to the Planning Commission during their July 12, 2023 public meeting, and located here: Comment Letters 6th Cycle.
**This summary was provided in HCD July 2023 Review Draft; see also Additional Public Review Comments in Appendix B-1 Tables summarizing public meetings, verbal and written comments received, and how these comments were integrated into the HCD 2nd Review Draft November 2023.
270
Item A.
City Public Outreach List Housing Element Update
271
Item A.
Group Contact Person Address City State ZIP
Alliance on Aging 280 Dickman Avenue Monterey CA 93940
Alliance on Aging 570 Lighthouse Avenue Pacific Grove CA 93950 AMBAG 24580 Silver Cloud Ct Monterey CA 93940
American Legion 1000 Playa Avenue Seaside CA 93955
Blind and Visually Impaired Center of
Monterey County 225 Laurel Avenue Pacific Grove CA 93950 Boys and Girls Club 1332 La Salle Avenue Seaside CA 93955 CCCIL 318 Cayuga Street, Suite 2085 Salinas CA 93901
CHISPA, Inc. 295 Main Street, Ste 100 Salinas CA 93901
Christian Memorial Community Church 2699 Colonel Durham St. Seaside CA 93955 Christian Methodist Episcopal Church 625 Elm Avenue Seaside CA 93955 Citizens League for Progress Ewalker James PO Box 1272 Seaside CA 93955 City of Marina Community Development 209 Cypress Avenue Marina CA 93933 City of Monterey Elizabeth Caraker 580 Pacific Street Monterey CA 93940 City of Pacific Grove 300 Forest Avenue Pacific Grove CA 93950 City of Sand City City Hall 1 Sylvan Park Sand City CA 93955 City of Seaside 440 Harcourt Ave Seaside CA 93955
Community Human Services 1152 Sonoma Avenue Seaside CA 93955 Community Partnership for Youth PO Box 42 Monterey CA 93942 County of Monterey Department of
Social Services
1000 South Main St., Ste 209-
A Salinas CA 93901
272
Item A.
Group Contact Person Address City State ZIP
County of Monterey Department of
Social Services Branch Director,Henry Espinosa 1000 South Main St., Ste 211 Salinas CA 93901 County of Monterey Department of
Social Services
Comm. Affil. Mang., Margarita
Zarraga 1000 South Main St., Ste 301 Salinas CA 93901
County of Monterey Department of
Social Services Branch Director, Robert Taniguchi 1000 South Main St., Ste 205 Salinas CA 93901 CSUMB
Rebecca Moreno, Coodinator of
Community Partnerships Serv.
Learning 100 Campus Center Seaside CA 93955
DDA Planning Attn: Denise Duffy 947 Cass St, Ste 5 Monterey CA 93940 Del Monte Manor Neighborhood Network Center 1466 Yosemite Street Seaside CA 93955 Del Monte Manor Villa Del Monte Senior
Housing Low Cost Housing 1466 Yosemite Street Seaside CA 93955 Del Rey Woods School Principal 1281 Plumas Avenue Seaside CA 93955 Disabled Veterans James Bogan PO Box 1452 Seaside CA 93955 El Sol 1083 S. Main St Salinas CA 93901
Emmanuel Church of God in Christ 1450 Sonoma Avenue Seaside CA 93955 EPS, Inc. Attn: David Zender 400 Capitol Mall, 28th Floor Sacramento CA 95814 Faith Lutheran Church 1460 Hilby Avenue Seaside CA 93955 Finegan Law Firm Attn: Brian Finegan PO Box 2058 Salinas CA 93902 Food Bank of Monterey County 815 W. Market Street Salinas CA 93901 Friends of the Seaside Library Alicia O'Neill, President 550 Harcourt Avenue Seaside CA 93955 Girls, Inc. 318 Cayuga Street, Suite 101A Salinas CA 93901 273
Item A.
Group Contact Person Address City State ZIP
GPS Solutions Attn: Joe Headley 135 W Franking St #8 Monterey CA 93940 Greater Victory Temple 1620 Broadway Avenue Seaside CA 93955 Hilltop United Methodist Church of
Seaside 1340 Hilby Avenue Seaside CA 93955
Housing Resource Center 201 John Street Salinas CA 93901 Interim, Inc. PO Box 3222 Monterey CA 93942
International School 1720 Yosemite Street Seaside CA 93955 John Treble 1440 Chapin Ave, Ste 370 Burlingame CA 94012 KAZU Radio (Public Radio) Box 201, Room 317 100 Campus Center Seaside CA 93955 KION-TV (Chanel 46) 1550 Moffett Street Salinas CA 93905 KSBW-TV (Chanel 8) PO Box 81651 Salinas CA 93912
KSMS-TV (Chanel 67) 67 Garden Court Monterey CA 93940
LULAC PO Box 1396 Salinas CA 93902
Martin Luther King School Principal 1713 Broadway Avenue Seaside CA 93955 Meals on Wheels 700 Jewell Avenue Pacific Grove CA 93950 Mike and Sean Kranyak 200 Clocktower Ste D208 Carmel CA 93923 Monterey Bay Community Parnership Attn: Matt Huerta PO Box 1699 Seaside CA 93933 Monterey Bay Community Power 70 Garden Ct Ste 300 Monterey CA 93940 Monterey Bay LINKS, Inc. Ruthie Watts PO Box 1699 Seaside CA 93955 Monterey County Advocacy Housing
Council 34 E. Rossi Street Salinas CA 93907
Monterey County Herald Newsroom PO Box 271 Monterey CA 93940 Monterey County Housing Authority PO Box 1307 Salinas CA 93902 Monterey County Office of Education PO Box 80851 Salinas CA 93912 Monterey County Weekly 668 Williams Avenue Seaside CA 93955 Monterey Peninsula College Student Services 980 Fremont Street Monterey CA 93940 274
Item A.
Group Contact Person Address City State ZIP
MPUSD Board of Education 700 Pacific Street Monterey CA 93940 NAACP PO Box 782 Seaside CA 93955
Neill Engineers Attn: Sherman Low PO Box LL
Carmel By the
Sea CA 93921
Parade of Champions Jerry Thorne PO Box 811 Seaside CA 93955 SALINAS LULAC COUNCIL #2055 President: Christopher Barrera P.O. Box 1396,
Salinas CA 93902
Salvation Army Monterey Peninsula Corps 1491 Contra Costa Street Seaside CA 93955 Seaside City Chamber of Commerce 505 Broadway Avenue Seaside CA 93955 Seaside High School Principal 2200 Noche Buena Street Seaside CA 93955 Seaside Lions Club PO Box 874 Seaside CA 93955
Seaside Middle School Principal 999 Coe Avenue Seaside CA 93955 Seaside Raiders PO Box 813 Seaside CA 93955
Shelter Outreach Plus PO Box 1340 Marina CA 93933
St. Francis Xavier Church 1475 La Salle Avenue Seaside CA 93955 St. Vincent de Paul 1269 Fremont Street Seaside CA 93955 The Otter Realm (CSUMB) 100 Campus Center Seaside CA 93955 The Seaside Post News Sentinel PO Box 670 Seaside CA 93955 The Village Project
1069 Broadway Avenue, Ste
201 Seaside CA 93955
United Way 60 Garden Court, Suite 350 Monterey CA 93940 Valley Health Associates 338 Monterey St Salinas CA 93901 VFW Post 8679 Commander Thomas Davis PO Box 25 Seaside CA 93955 Vounteer Center of Monterey County 376 South Main Street Salinas CA 93901 YMCA 600 Camino El Estero Monterey CA 93940
275
Item A.
City Address List
SHERMAN LOW
NEILL ENGINEERS CORP
PO BOX LL
CARMEL CA 93921
RAFAEL PAYAN
MONTEREY PARKS DIST
PO BOX 223340
CARMEL CA 93922
AMBAG
PO Box 2453
Seaside CA 93955
CRISTINA SMITH
IMS
945 HORN BLEND ST STE G
SAN DIEGO CA 92109
MONTEREY ONE WATER
(formerly MPRPCA) BOX 2109
MONTEREY CA 93942
MONTEREY PENINSULA
WATER MANAGEMENT DISTRICTPO
BOX 85
MONTEREY CA 93942
SERVICE PLANNING SUPERVISOR
PG&E
2311 GARDEN RD
MONTEREY CA 93940
NICK CHIULOS
MONTEREY COUNTY ADMIN
168 W ALISAL ST #3
SALINAS CA 93901
276
Item A.
City Address List
ROBIN MCCRAE
COMMUNITY HUMAN SERVICES
PO BOX 3076
MONTEREY CA 93942
KCBA-KION-COWLES-ACKERLEY
COMMUNITY CALENDAR
1550 MOFFETT ST
SALINAS CA 93905-3342
MONTEREY PENINSULA AIRPORT DISTRICT
200 FRED KANE DR STE 20
MONTEREY CA 93940
GEORGE JAKSHA
1130 ROSITA RD
DEL REY OAKS CA 93940
HOME OWNERS ASSOCIATION
THE OAKS
515 CANYON DEL REY RD.
DEL REY OAKS, CA 93940
MIKE HAYWORTH
4 CARLTON DR
DEL REY OAKS CA 93940
SHEILA ZIMMERMAN
1085 PALOMA
DEL REY OAKS, CA 93940
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Item A.
City Address List
JEREMY HALLOCK
979 VIA VERDE
DEL REY OAKS CA 93940
ERA ABRAHAM
COAST WEEKLY
668 WILLIAMS RD
SEASIDE CA 93955
EDDIE GARCIA, DIR GVMT AFFAIRS
AT&T
1900 SOUTH 10TH ST
SAN JOSE CA 95112
CAL AM WATER CO
PO BOX 951
MONTEREY CA 93942
DENISE DUFFY AND ASSOCIATES
947 CASS ST STE 5
MONTEREY CA 93940
DAVID ZEHNDER
Economic & Planning Systems
400 Capitol Mall Ste. 2728
Sacramento, CA 95814-4407
WOODMAN DEVELOPERS
24571 SILVER CLOUD CT STE 101
MONTEREY CA 93940
278
Item A.
City Address List
LANDWATCH
MONTEREY COUNTY ADMIN
PO BOX 1876
SALINAS CA 93902
GOVERNMENT AFFAIRS COORDINATOR
201-A CALLE DEL OAKS
DEL REY OAKS CA 93940
CASANOVA OAK KNOLLS
NEIGHBORHOOD ASSOC
PO BOX 2304
MONTEREY CA 93942
SUZANNE WALLIN
1025 VIA VERDE
DEL REY OAKS CA 93940
PAULA RISO
MARINA COAST WATER
11 RESERVATION RD
MARINA CA 93933
Sherry Peverini
The Orosco Group
10 Harris Court, Suite B-1
Monterey, CA 93940
279
Item A.
City Address List
Carpenters Union
Attn. Ned Van Valkenburgh
225 Searidge Road
Aptos, CA 95003
EMC Planning Group
E. J. Kim
301 Lighthouse Ave Ste C
Monterey CA 93940
Becky Jones
261 Webster St
Monterey CA 93940
Abel Moran
117 Pajaro St
Salinas CA 93901
Kim Svetich-Will
57 Melway Circle
Monterey, CA 93940
MIKE ROESNER
1007 PALOMA RD
DEL REY OAKS CA 93940
Scott Donaldson
1007 Portola Dr
Del Rey Oaks CA 93940
Rev. Bob Hellam
841 Rosita Rd
Del Rey Oaks CA 93940
Brain Dempsey
1635 Broadway AveSeaside,
CA 93955
Sharon Morelli
PO Box 595
Seaside, CA 93955
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City Address List
Christine Kemp, Attorney At Law
Noland, Hamerly, Etienne and Hoss
PO Box 2510
Salinas CA 93902-2510
Doug Burton
1048 Paloma Rd
Del Rey Oaks CA 93940
Gary Kreeger
3 Quendale Ave
Del Rey Oaks CA 93940
Frank Gregory
52 Carlton Dr
Del Rey Oaks CA 93940
281
Item A.
Housing Resources in Monterey County
The Housing Authority of the County of Monterey (HACM)
http://www.hamonterey.org/index.html
HACM is a public agency that provides rental assistance and develops and manages affordable housing throughout Monterey County.
123 Rico Street
Salinas, Ca 93907
Tel: 831-775-5000
Fax 831-424-9153
TDD 831-754-2951
California Department of Developmental Services
http://www.dds.ca.gov
Agency through which the State of California provides services and support to children and adults with developmental disabilities.
San Andreas Regional Center
http://www.sarc.org
San Andreas Regional Center is a community-based, private non-profit corporation that is funded by the State of California to provide case management and referral services to people with developmental disabilities.
344 Salinas Street, Suite 207
Salinas, CA 93901-2727
Tel: (831) 759-7500
Fax: (831) 424-3007
Central Coast Center for Independent Living
http://www.cccil.org/
CCCIL promotes the independence of people with disabilities by supporting their equal and full participation in community life. CCCIL provides advocacy, education and support to all people with disabilities, their families and the community. 318 Cayuga Street, Suite 208
Salinas, CA 93901
Tel: (831) 757-2968
TTY (831) 757-3949
Fax: (831) 757-5549
288 Pearl St.
Monterey, CA 93940
Phone: (831) 649-2969
TTY (831) 649-7148
Fax: (831) 647-6224
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Alliance on Aging
http://www.allianceonaging.org/
Alliance on Aging is committed to providing services to low income seniors looking for affordable housing and provides information and referrals to Monterey County housing options.
Toll-free number 1-800-510-2020
Administrative Office
2200 Garden Rd.
Monterey, CA 93940 831.655.1334
Tel: 831.758.4011
Fax: 831.655.8781
Monterey Outreach Office
280 Dickman Ave.
Monterey, CA 93940
Tel: 831.646.1458
Fax: 831.646.1232
Gateway Center of Monterey County
http://gatewaycenter.org/
Provides a variety of residential settings and services in Monterey County for people with developmental disabilities.
850 Congress Ave.
Pacific Grove, CA 93950
Tel: 831-372-8002
Fax: 831.372.2411
[email protected]
Interim
http://www.interiminc.org/
A mental health agency providing residential treatment and affordable housing opportunities. Housing programs offers groups homes and apartments. Residents receive case management and mental health support services.
Phone: 831-649-4522
Center for Community Advocacy /Centro de Abogacía de la Comunidad http://cca-viva.org/
The Center for Community Advocacy (CCA) trains farmworkers to form and lead neighborhood-based tenant and health committees that, themselves, advocate for improved housing and health conditions for farmworkers and other low-income families in Monterey County.
22 West Gabilan Street
Salinas, CA 93901
Phone: (831) 753-2324
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Item A.
Fax: (831) 753-0104
Email: [email protected]
LEGAL SERVICES:
California Department of Fair Employment and Housing
http://www.dfeh.ca.gov/DFEH/default/
Handles discrimination claims for California residents
Phone: 800-233-3212
Email: [email protected]
Conflict Resolution and Mediation Center
http://conflictresolutionandmediationcenter.com/
CRMC is designed to reduce barriers to services, including physical, linguistic, cultural, and economic barriers. CRMC provides mediation and conflict resolution services, including landlord/tenant and neighborhood problems.
1900 Garden Road, Suite 110
Monterey, CA 93940
Phone: (831) 649-6219
Legal Services for Seniors
http://www.legalservicesforseniors.org
Legal Services for Seniors, a non-profit 501(c)(3) law firm that helps Monterey County senior citizens with many legal housing matters.
915 Hilby Avenue, Suite
Seaside, California
Phone: 831.899.0492
21 W. Laurel Avenue, Suite 83
Salinas, California
Phone: 831.442.7700
Toll-free from Southern Monterey County 800.499.1247
California Rural Legal Assistance
http://www.crla.org/
CRLA pprovides legal services that improve the quality of life for low-income individuals and their rural communities. CRLA serves a wide array of clients including farm worker populations, individuals with disabilities, immigrant populations, school children, lesbian/gay/bisexual and transgender populations, seniors and individuals with limited English proficiency.
2100 Garden Road #D
Monterey, CA 93940
Phone: (831) 375-0505
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Item A.
3 Williams Road
Salinas, CA 93905
Phone: (831) 757-5221
Disability Rights California - Protection & Advocacy System http://www.pai-ca.org
Agency works in partnership with persons with disabilities - to protect, advocate for, and advance their human, legal, and service rights. Protecting peoples' rights to accessible and fair housing is a major emphasis of their activity.
Toll Free 800.776.5746
RENTAL, EVICTION AND EMERGENCY ASSISTANCE:
Housing Resource Center
HRC of Monterey County is a non-profit organization that assists Monterey County residents to either remain in their current rental unit, enter the rental housing market, or to learn about available housing services. Services focus on families and individuals who strive to maintain financial independence, especially the very low to low-income. 124 E Rossi
POB 1307 93902
Salinas, CA. 93901
Phone (831) -424-9186
Email: [email protected]
Salvation Army - Good Samaritan Center
http://www.tsamonterey.com
The Salvation Army Good Samaritan Center Provides eviction prevention/rental assistance to assist families in avoiding eviction/homelessness. The Salvation Army also offers two family housing programs with the goal of helping families transition into permanent housing and self-sufficiency.
Phone: 831-899-4988
Tenants Together - Tenant Foreclosure Hotline
www.tenantstogether.org/hotlineintake
California's Statewide Organization for Renters' Rights Tenants Together runs a hotline for tenants in foreclosure situations.
Phone: toll free at 888-495-8020
John XXIII AIDS Ministry
http://www.johnxxiii.org/
Provides case management services to assist with HIV and/or AIDS to avoid eviction or homelessness.
1121 Baldwin Street
Salinas CA 93906
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Item A.
Tel: 831.442.3959
Fax: 831.442.3985
780 Hamilton Avenue
Seaside CA 93955
Tel: 831.394.4747
Fax: 831.393.3453
AFFORDABLE HOUSING NONPROFIT AGENCIES:
There are several non-profit housing developers active in Monterey County. Each organization may target different segments of the income-eligible population for their affordable housing projects but generally offer the same types of programs, including:
• Self-Help Housing developments that allow eligible families to contribute their labor to the construction of their future home;
• Single family home subdivision; and,
• Multifamily rental projects (apartments) .
Non-profit housing developers are able to access a variety of grant, loan and tax credit programs that help keep the cost of development down. In return, the owners make the housing available at below-market rates to income-eligible households. The programs typically require housing units developed with their assistance to record affordability restrictions on the property to ensure that it remains affordable.
The largest non-profit housing developers active in Monterey County are:
CHISPA, Inc.
http://www.chispahousing.org/
295 Main St., Suite 100
Salinas, CA 93901
Phone: 831-757-6251
Fax: 831.757.7537
Mid-Peninsula Housing Corporation
http://www.midpen-housing.org/
Watsonville Office
77 Aspen Way, Suite 103
Watsonville, CA 95076
Phone: (831) 707 2130
FAX: (831) 761 7218
South County Housing
http://www.scounty.com/
16500 Monterey Rd. #120,
Morgan Hill, CA 95037
Phone: 408-842-9181
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Interim
http://www.interiminc.org/
A mental health agency providing residential treatment and affordable housing opportunities. Housing programs offers groups homes and apartments. Residents receive case management and mental health support services.
Phone: 831-649-4522
Habitat for Humanity Monterey County
http://www.habitatmonterey.org/
Self-help home building partnerships for families who qualify as low income.
Phone: 831-422-4828
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Item A.
Appendix C - Compiled Inventory and Supplemental Maps
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Item A.
Appendix C
C-1 Site Inventory Tables
C-1A Additional Areas Outside of Former Fort Ord
C-2 Supplemental Mapping
C-3 Additional Information Airport Safety Zones
C-4 Del Rey Oaks Munitions Response Area
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Item A.
Appendix C-1
Site Inventory Tables
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Item A.
Land Inventory/Summary of Key Sites
Location 1 Summary Description
Map Designation Figure 4, Site 1
APN 031-191-026-000
Acreage 232.03
Description of Existing
Use
The site is currently undeveloped,
and a part of former Fort Ord.
Surrounding Land Uses No developed land uses surround the site. The site is bound by South Boundary Road to the south.
An approved RV Resort is planned for the area located directly east of the site. The site is bound on the west by vacant land, South Boundary Road to the southwest, and Fort Ord National Monument to the north and northeast.
General Plan Designation General Commercial –
Neighborhood Commercial with
Visitor overlay – (GC (C-1-V))
Access/Circulation The site has current access via a dirt road on the south side of the parcel on South Boundary Road, a two-lane road. Future site access could also be served by General Jim Moore Boulevard, an arterial two-lane road.
Zoning Neighborhood Commercial with
Visitor Overlay – (C-1-V)
Infrastructure
Realistic Capacity 200 units, conservative estimate,
assuming an area or areas would
be subdivided of up to ten acres at
20 units/acre density.
Proposed for Rezoning This area is proposed for rezoning through an overlay zone to allow
for residential to meet RHNA 6th
Cycle, including shortfall from 5th
Cycle.
Development constraints
(environmental,
floodplains, etc.)
The site was previously used by former Fort Ord Military Base and portions of the property were found to have Unexploded Ordnances (UXO). Removal of UXO was conducted by the Army. However, in accordance with regulatory restrictions, additional environmental insurance and clearance by Department of Toxic Substances Control (DTSC) regulatory agencies as well as restrictive covenants on use of the site are required consistent with the State requirements. The site is within the regional Airport Influence Area but not within a Airport Safety Zone in Exhibit 4C of the Monterey Regional Airport Land Use Compatibility Plan.
Development Restrictions
(easements/covenants)
Covenants and restrictions required per DTSC requirements for residential use in portions of the site. Approximately 80-90 acres within the eastern portion of the site does not have a residential restriction and would not require DTSC lifting of covenants.
Monterey County GIS
Data/Potential Concerns
Moderate to High Erosion Hazard, within the 660' buffer of Active/Potentially Active Faults, Moderate Archaeological Sensitivity, and Monterey Spineflower Critical Habitat.
Ownership City of Del Rey Oaks
Surplus Land Act Yes, the City noticed for Surplus Land Act in 2023 and received three responses for this property, one from a developer of affordable housing and two from public non-profit agencies related to open space conservation.
Source: Denise Duffy & Associates, Inc.
Water/Sewer: The site is vacant and has no infrastructure onsite. Underground water, recycled water and wastewater pipeline improvements are located along General Jim Moore Boulevard and are planned to continue on South Boundary Road. Water service is provided by the Marina Coast Water District (MCWD). Sanitary sewer is to be provided by the Seaside Sanitation District with connection to regional system.
Other Utilities: There are no visible above-ground power lines on site. Energy would be provided by Pacific Gas & Electric (PG&E). Cable, Internet & Phone would be provided by Comcast or AT&T.
The site is approximately 232 acres of vacant, undeveloped land with gradual slopes dominated by chaparral and oak trees/oak woodland in the interior of the site. Currently, the City’s adopted Redevelopment Plan identifies up to 200 residential units onsite. The City would need to complete a general plan amendment or specific plan and rezoning to specifically allow residential development. The parcel is bordered by the City of Seaside to the north, Fort Ord National Monument to the east, and City of Monterey to the south along South Boundary Road. The site is partially level towards South Boundary Road. Through the Fort Ord Base Reuse Plan Capital Improvement Program, water and sewer is available adjacent to the site along General Jim Moore Blvd. Infrastructure for non-potable water is currently not available; proposed developments relying on the use of non-potable water would be responsible for obtaining delivery of the non-potable water to the development site. Supplemental water sources are considered unlikely in the foreseeable future. 294
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Land Inventory/Summary of Key Sites
Location 1a Summary Description
Map Designation Figure 4, Site 1a
APNs 031-191-027-000, 031-191-028-000
Acreage Approximately 18 (6.03, 11.84)
Description of Existing
Use
The site is currently undeveloped,
and a part of former Fort Ord.
Surrounding Land Uses An undeveloped open space/habitat is to the northwest between the site and General Jim Moore Boulevard. On the western boundary of General Jim Moore Boulevard is the Monterey Peninsula Regional Park District (MPRPD) Frog Pond Wetland Preserve. Development near the site includes a City of Monterey storage yard to the southeast on Ryan Ranch Road. There is undeveloped land to the north, west, and east of the site.
General Plan Designation General Commercial –
Neighborhood Commercial with
Visitor overlay – (GC (C-1-V))
Access/Circulation Existing access to the site is available via South Boundary Road on the northern side of the site. There is no direct access to the southern portion of the site from Highway 218.
Zoning Neighborhood Commercial with
Visitor Overlay – (C-1-V)
Infrastructure
Realistic Capacity 72 units
Proposed for Rezoning Yes Development constraints
(environmental,
floodplains, etc.)
The primary developmental constraint to the site is its steep grade on the southern portion of the site closest to Highway 218. Freshwater Emergent Wetland Habitat exists onsite according to the National Wetlands Inventory. The site is within the regional Airport Influence Area but not within a Airport Safety Zone in Exhibit 4C of the Monterey Regional Airport Development Restrictions
(easements/covenants)
Covenants and restrictions required per DTSC requirements for residential use.
Monterey County GIS
Data/Potential Concerns
Moderate to High Erosion Hazard, within the 660' buffer of Active/Potentially Active Faults, possessing Slopes Greater Than 25%, Moderate Archaeological Sensitivity, and Monterey Spineflower Critical Habitat.
Ownership City of Del Rey Oaks
Surplus Land Act Yes, the City noticed for Surplus Land Act in 2023 and received three responses for this property, one from a developer of affordable housing and two from public non-profit agencies related to open space conservation.
Source: Denise Duffy & Associates, Inc., 2023
Water/Sewer: The site is vacant and has no infrastructure onsite. Underground water, recycled water and wastewater pipeline improvements are located along General Jim Moore Boulevard and are planned to continue on South Boundary Road. The Water Allocation for the site is 10 acre-feet per year. Water service is provided by the Marina Coast Water District (MCWD).
Other Utilities: There are no visible above-ground power lines on site. Energy would be provided by Pacific Gas & Electric (PG&E). Cable, Internet & Phone would be provided by Comcast or AT&T.
The entire site is approximately 18 acres of undeveloped land with rolling slopes dominated by chaparral and oaks near South Boundary Road. The site is steep along a trail near the City of Monterey storage yard to the south and slopes downward to South Boundary Road to the north. The City of Del Rey Oaks would need to rezone this site to allow residential use. There are no water or sewer lines serving the site. The site is partially level near South Boundary Road, sloping upward to the hillside visible from the roadway to the south. The southern portion of the site is extremely steep (the area visible from Highway 218). The site is near a former Fort Ord property owned by the City of Monterey and adjacent to the City of Monterey storage yard.
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Land Inventory/Summary of Key Sites
Location K1 Summary Description
Map Designation Figure 4, Site K1
APN 031-191-024-000
Acreage 20
Description of Existing
Use
The site is currently undeveloped,
and a part of former Fort Ord.
Surrounding Land Uses There are residential land uses to the west and northwest of the site on the west side of General Jim Moore Boulevard.
The site is bound by General Jim Moore Boulevard to the west, South Boundary Road to the south, vacant property owned by the City of Del Rey Oaks to the east, and Fort Ord National Monument to the north.
General Plan Designation General Commercial –
Neighborhood Commercial with
Visitor overlay – (GC (C-1-V))
Access/Circulation The site has current access via a dirt road on the west side of the parcel on General Jim Moore Boulevard, an arterial twolane road. South Boundary Road to the south can also provide future access to the site.
Zoning Neighborhood Commercial – (C1) and Neighborhood Commercial with Visitor Overlay – (C-1-V)
Infrastructure
Realistic Capacity Conservatively assuming 60 units,
with mixed use with commercial,
and density at 20 units/acre.
Proposed for Rezoning If needed to meet RHNA, rezoning
for mixed-use residential would be
required. The City will meet
RHNA with Sites 1 and 1a but this
site provides additional capacity.
Development constraints
(environmental,
floodplains, etc.)
The site was previously used by former Fort Ord Military Base and portions of the property were found to have Unexploded Ordnances (UXO). Removal of UXO was conducted by the Army. However, in accordance with regulatory restrictions, additional environmental insurance and clearance by Department of Toxic Substances Control (DTSC) regulatory agencies as well as restrictive covenants on use of the site are required consistent with the State requirements. The site is within the regional Airport Influence Area but not within a Airport Safety Zone in Exhibit 4C of the Monterey Regional Airport Land Use Compatibility Plan.
Development Restrictions
(easements/covenants)
Covenants and restrictions required per DTSC requirements for residential use.
Monterey County GIS
Data/Potential Concerns
Moderate Erosion Hazard, within the 660' buffer of Active/Potentially Active Faults, Moderate Archaeological Sensitivity.
Ownership Private Ownership
Source: Denise Duffy & Associates, Inc.
The site is approximately 20 acres of vacant, undeveloped land with gradual slopes dominated by chaparral and oak trees/oak woodland in the interior of the site. The site is currently owned by Monterey Peninsula Partners. The City would need to complete a general plan amendment or specific plan and rezoning to specifically allow residential development.
The parcel is bordered by the City of Seaside to the north, Fort Ord National Monument to the east, and City of Monterey to the south along South Boundary Road. Through the Fort Ord Base Reuse Plan Capital Improvement Program, water and sewer is available adjacent to the site along General Jim Moore Boulevard. Infrastructure for non-potable water is currently not available; proposed developments relying on the use of non-potable water will be responsible for obtaining delivery of the non-potable water to the development site. Supplemental water sources are considered unlikely in the foreseeable future.
Water/Sewer: The site is vacant and has no infrastructure onsite. Underground water, recycled water and wastewater pipeline improvements are located along General Jim Moore Boulevard and are planned to continue on South Boundary Road. Water service is provided by the Marina Coast Water District (MCWD). Sanitary sewer is to be provided by the Seaside Sanitation District with connection to regional system.
Other Utilities: There are no visible above-ground power lines on site. Energy would be provided by Pacific Gas & Electric (PG&E). Cable, Internet & Phone would be provided by Comcast or AT&T. 298
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Land Inventory/Summary of Key Sites
Location K2 Summary Description
Map Designation Figure 4, Site K2
APN 031-191-025-000
Acreage Approximately 54 acres (53.81)
Description of Existing
Use
The site is currently undeveloped,
and a part of former Fort Ord.
Surrounding Land Uses No developed land uses surround the site. The site is bound by vacant property owned by the City of Del Rey Oaks to the north and west, vacant property owned by the City of Monterey to the south, and Fort Ord National Monument to the east.
General Plan Designation General Commercial –
Neighborhood Commercial with
Visitor overlay – (GC (C-1-V))
Access/Circulation The site has current access via a dirt road on the south side of the parcel on South Boundary Road, a two-lane road.
Zoning Neighborhood Commercial with
Visitor Overlay – (C-1-V)
Infrastructure
Realistic Capacity Up to 40 units, based upon use of
a portion of the approved project
area for small lot, park model or
cottage residential.
Proposed for Rezoning If needed to meet RHNA, rezoning
for residential would be required.
The City will meet RHNA with
Sites 1 and 1a but this site
provides additional opportunity
and capacity
Development constraints
(environmental,
floodplains, etc.)
The site was previously used by former Fort Ord Military Base and portions of the property were found to have Unexploded Ordnances (UXO). Removal of UXO was conducted by the Army. However, in accordance with regulatory restrictions, additional environmental insurance and clearance by Department of Toxic Substances Control (DTSC) regulatory agencies as well as restrictive covenants on use of the site are required consistent with the State requirements. The site is within the regional Airport Influence Area but not within a Airport Safety Zone in Exhibit 4C of the Monterey Regional Airport Land Use Compatibility Plan Development Restrictions
(easements/covenants)
Covenants and restrictions required per DTSC requirements for residential use.
Monterey County GIS
Data/Potential Concerns
Moderate to High Erosion Hazard, Moderate Archaeological Sensitivity, and Monterey Spineflower Critical Habitat.
Ownership Private Ownership under Monterey Peninsula Partners Source: Denise Duffy & Associates, Inc.
The site is approximately 53.81 acres of vacant, undeveloped land with gradual slopes dominated by chaparral and oak trees/oak woodland in the interior of the site. The site is currently owned by Monterey Peninsula Partners. In May 2016, the City Council adopted an Initiative Measure amending the City’s General Plan and Zoning Ordinance Chapter 17.32, Visitor Commercial Overlay recreational uses, to include recreational vehicle (RV) parks, within the former Fort Ord, within the designated area of the Initiative Measure. The Initiative Measure allows for the construction of an RV park (Monument RV Resort) of up to 210 total guest sites, including accessory and auxiliary uses, on 53.81 acres on the south side of the former Fort Ord lands. The Initiative included an amendment to the City’s General Plan allowing RV development and the project is now fully entitled. The Draft Housing Element proposes this site as an additional site for meeting RHNA. If needed, rezoning to specifically allow residential development would be required for a portion of the approved development. Current development site plans indicate RV spaces at 4,000 square feet. The parcel is bordered by Fort Ord National Monument to the north and east, and the City of Monterey to the south along South Boundary Road.Per the Marina Coast Water District Capital Improvement Program (MCWD CIP), water lines are currently extended to General Jim Moore Boulevard; water line extension is planned in the MCWD CIP. Development of this site is subject to DTSC residential covenant removals, as described below and approval by the Army, DTSC, and property Water/Sewer: The site is vacant and has no infrastructure onsite. Underground water, recycled water and wastewater pipeline improvements are located along General Jim Moore Blvd and are planned to continue on South Boundary Road.
The property is within the water service provider Marina Coast Water District (MCWD). Sanitary sewer is to be provided by the Seaside Sanitation District with connection to their regional system.
Other Utilities: There are no visible above-ground power lines on site. Energy would be provided by Pacific Gas & Electric (PG&E). Cable, Internet & Phone would be provided by Comcast or AT&T. 300
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Item A.
Appendix C-1A
Potential Additional Areas for
Candidate Sites Outside of
Former Fort Ord
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Item A.
MPUSD Site
Location of Potential Additional Candidate Site - Outside Former Fort Ord, HCD Housing Element Draft July 2023 1 in = 1,000 ft 7/14/2023
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Date
Denise Duffy & Associates, Inc.
Planning and Environmental Consulting
0 1,000 2,000 Feet Del Rey Oaks Parcels
MPUSD Site
304
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305
Item A.
Additional Areas for Candidate Sites
Outside of Former Fort Ord N/A
7/142023
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Scale
Date
Denise Duffy & Associates, Inc.
Planning and Environmental Consulting
Source: County of Monterey, Google
306
Item A.
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Item A.
Appendix C-2
Supplemental Mapping
308
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309
Item A.
SITE 1A
SITE 1
SITE K1
SITE K2
310
Item A.
311
Item A.
Del Rey Oaks
Bureau of Land Management, Esri, HERE, Garmin, INCREMENT P,
USGS, METI/NASA, EPA, USDA
MONTEREY CO
Incorporated Cities_1
Rivers and Water Bodies
Parcels
4/13/2023, 11:04:12 AM
0 0.17 0.35 0.7 mi
0 0.28 0.55 1.1 km
1:18,056
ArcGIS Web AppBuilder
Bureau of Land Management, Esri, HERE, Garmin, INCREMENT P, USGS, METI/NASA, EPA, USDA | County of Monterey | Site 1
Site K1
Site 1a
Supplemental Mapping Sites Inventory
6 th Cycle Housing Element Update
APPENDIX C
6th Cycle Housing Element Update
Site K2
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Item A.
Del Rey Oaks Parcels
Area (Sq. Ft.)
D o-7,999
->8000
Lots Over 8000 Sq. Ft.
CJ = Residential Designation
� = Former Fort Ord
0 1
---======------Kilometers
0.5 De�Oaks
0 1
-----=======::::::1--------•Miles
0.5 Del Rey Oaks Parcel Map
Land Use Inventory Parcels
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Appendix C-3
Additional Information
Airport Safety Zones
316
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317
Item A.
Site 1
Site K2
Site K1
Site 1a
Airport Safety Zones and Updated Available Land Inventory City of Dey Rel Oaks, May 2023 1 in = 1,000 ft
5/22/2023
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Date
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Planning and Environmental Consulting
Source:
Monterey
County
ALUC
0 1,000 2,000 Feet Definition
Airport Influence Area
(AIA)
Airport Property Zone
(APZ)
Inner Approach/Departure
Zone (IADZ)
Inner Turning Zone (ITZ)
Outer Approach/Departure
Zone (OADZ)
Runway Protection Zone
(RPZ)
Sideline Safety Zone
(SSZ)
Former Fort Ord Property
Del Rey Oaks Parcels
318
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319
Item A.
Del Rey Oaks – Monterey Airport Safety Zones
Airport Land Use Compa�bility Plan for the Monterey Regional Airport Airport Safety Zone
Designa�on
Note: Atached map shows safety
zone loca�ons.
Maximum Densi�es/Intensi�es/
Required Open Land Addi�onal Criteria
Dwelling
Units per
Acre1
Maximum
Nonresiden�al
Intensity2
Required
Open
Land3
Prohibited Uses4 Other Development Condi�ons5
Airport Influence Area (AIA)
No Limit 300 persons
per acre
10%
• Hazards to flight6
• Outdoor stadiums and similar
uses with very high intensity
uses
• Airport disclosure no�ce required.
• Airspace review required for objects
>100 � tall.9
• New structures are prohibited on
exis�ng terrain that penetrates 14
CFR Part 77 Surfaces.9
• New structures require addi�onal
airspace analysis required within the
50-� terrain penetra�on buffer.9
• Proposed uses involve vulnerable
occupants12 within 6,000 � from the
side of the runway and 10,000 �
from the end of the runway shall
require ALUC review. In addi�on to
the prohibited uses listed within
Table 4B, any use involving
vulnerable occupants in the area
described above is strongly
discouraged.
• Areas designated as Urban on Exhibit
4C are exempt from the density and
intensity criteria.13
320
Item A.
Del Rey Oaks – Monterey Airport Safety Zones
Airport Land Use Compa�bility Plan for the Monterey Regional Airport Airport Safety Zone
Designa�on
Note: Atached map shows safety
zone loca�ons.
Maximum Densi�es/Intensi�es/
Required Open Land Addi�onal Criteria
Dwelling
Units per
Acre1
Maximum
Nonresiden�al
Intensity2
Required
Open
Land3
Prohibited Uses4 Other Development Condi�ons5
Inner Turning Zone (ITZ) 1 d.u. per 2
acres
100 persons
per acre
20%
• Residen�al, except for low
residen�al and infill in
developed areas11
• Hazardous uses (e.g.,
aboveground bulk fuel storage)
• Natural gas & petroleum
pipelines10
• Buildings with more than 3
above-ground habitable floors
• Children’s schools, day care
centers, libraries
• Hospitals, nursing homes
• Places of worship
• Schools
• Gas sta�ons
• Recrea�onal uses, athle�c
fields, playgrounds, & riding
stables
• Theaters, auditoriums, &
stadiums
• Dumps and landfills
• Waterways that create a bird
hazard
• Hazards to flight6
• Airport disclosure no�ce required.
• Locate structures maximum distance
from extended runway centerline.
• Airspace review required for objects
>35 � tall.8
• Clustering is not allowed.
321
Item A.
Del Rey Oaks – Monterey Airport Safety Zones
Airport Land Use Compa�bility Plan for the Monterey Regional Airport Airport Safety Zone
Designa�on
Note: Atached map shows safety
zone loca�ons.
Maximum Densi�es/Intensi�es/
Required Open Land Addi�onal Criteria
Dwelling
Units per
Acre1
Maximum
Nonresiden�al
Intensity2
Required
Open
Land3
Prohibited Uses4 Other Development Condi�ons5
Inner Approach/
Departure Zone (IADZ)
1 d.u. per 10
acres
60 persons
per acre
30%
• Residen�al, except for very low
residen�al and infill in
developed areas11
• Hazardous uses (e.g.,
aboveground bulk fuel storage)
• Natural gas & petroleum
pipelines10
• Office buildings greater than 3
stories
• Labor-intensive industrial uses
• Children’s schools, day care
centers, libraries
• Hospitals, nursing homes
• Places of worship
• Schools
• Gas sta�ons
• Recrea�onal uses, athle�c
fields, playgrounds, & riding
stables
• Theaters, auditoriums, &
stadiums
• Dumps and landfills
• Waterways that create a bird
hazard
• Hazards to flight6
• Airport disclosure no�ce required.
• Locate structures maximum distance
from extended runway centerline.
• Airspace review required for objects
>35 � tall.8
• Clustering is not allowed.
322
Item A.
Del Rey Oaks – Monterey Airport Safety Zones
Airport Land Use Compa�bility Plan for the Monterey Regional Airport Airport Safety Zone
Designa�on
Note: Atached map shows safety
zone loca�ons.
Maximum Densi�es/Intensi�es/
Required Open Land Addi�onal Criteria
Dwelling
Units per
Acre1
Maximum
Nonresiden�al
Intensity2
Required
Open
Land3
Prohibited Uses4 Other Development Condi�ons5
Runway Protec�on Zone (RPZ) None None All unused
• All structures except ones with
loca�on set by aeronau�cal
func�on
• All assemblages of people
• Objects exceeding FAR Part 77
height limits
• Natural gas & petroleum
pipelines10
• Dumps and landfills
• Hazards to flight6
• Airport disclosure no�ce required.
• Clustering is not allowed.
1. Residen�al development must not contain more than the indicated number of dwelling units (excluding secondary units) per gross acre (d.u./ac). Clustering of units is encouraged. Gross acreage includes the property at issue plus a share of adjacent roads and any adjacent, permanently dedicated, open lands associated with the property.
2. Usage intensity calcula�ons shall include the maximum number of people (e.g., employees, customers/visitors, etc.) who may be on the parcels or site at a single point in �me, whether indoors or outside.
3. Open land requirements are intended to be applied with respect to an en�re zone. This is typically accomplished as part of a community general plan or a specific plan, but may also apply to large (10 acres or more) development projects.
4. The uses listed here are ones that are explicitly prohibited regardless of whether they meet the intensity criteria. In addi�on to these explicitly prohibited uses, other uses will normally not be permited in the respec�ve compa�bility zones because they do not meet the usage intensity criteria. Also see Sec�on 4.1.6 for policies on similar uses.
5. As part of certain real estate transac�ons involving residen�al property within any compa�bility zone (that is, anywhere within an airport influence area), informa�on regarding airport proximity and the existence of aircra� overflights must be disclosed. This requirement is set by state law.
6. Hazards to flight include physical (e.g., tall objects), visual, and electronic forms of interference with the safety of aircra� opera�ons. Land use development, such as golf courses and certain types of crops as outlined in FAA’s Advisory Circular 150/5200-33B, Hazardous Wildlife Attractants on or Near Airports, that may cause the atrac�on of birds to increase is also prohibited.
7. Examples of highly noise-sensi�ve outdoor nonresiden�al uses that should be prohibited include amphitheaters and drive-in theaters. Cau�on should be exercised with respect to uses such as poultry farms and nature preserves.
8. Objects up to 35 feet in height are permited. However, the FAA may require Form 7460-1, marking, and ligh�ng of certain objects.
9. This height criterion is for general guidance. Shorter objects normally will not be airspace obstruc�ons unless situated at a ground eleva�on well above that of the airport (See examples 1, 2 & 3 on Exhibit 4D). Taller objects may be acceptable if determined not to be obstruc�ons. Developers proposing structures that could penetrate 14 CFR Part 77 eleva�ons must file Form 7460 with the FAA.
10. Natural gas & petroleum pipelines less than 36 inches below the surface.
11. The defini�on of infill can be found in Sec�on 4.2.2.3.
Residen�al infill development is defined in the Airport Land Use Plan as development of a parcel of 10 acres or less that is at least 65 percent bounded by exis�ng similar uses (or more intensive uses) and where development would occur en�rely within the area defined by the surrounding, already developed, incompa�ble uses. To be considered infill development, further increases in the residen�al density, nonresiden�al usage intensity, and/or other incompa�ble design or usage characteris�cs of a parcel are prohibited, and the parcel cannot have previously been set aside as open land unless replacement open land is provided within the same compa�bility zone. In addi�on, the average development density of a site shall not exceed the average density represented exis�ng lots that lie within a distance of 300 feet from the boundary of the parcel to be divided.
12. Vulnerable occupants include children, the elderly, and people with disabili�es.
13. These urban areas are the “mixed used use areas” iden�fied in the City of Monterey General Plan dated August 2013.
NOTE: Refer to attached map for locations of Airport Safety Zones. Source: Monterey County Airport Land Use Commission, February 2019. Airport Land Use Compatibility Plan for the Monterey Regional Airport 323
Item A.
4.2.2.3 Infill Development
Where development that already exists is not in conformance with the criteria set forth in this compa�bility plan analysis, addi�onal infill development of similar land uses may be allowed to occur even if such land uses are to be prohibited elsewhere in the zone.
This excep�on does not apply within RPZ zones.
(a) A parcel can be considered for infill development if it meets all of the following criteria, plus the applicable provisions of either Sub-policy (b) or (c) below:
(1) The parcel size is no larger than 10.0 acres.
(2) At least 65 percent of the site’s perimeter is bounded (disregarding roads) by exis�ng uses similar to, or more intensive than, those proposed. For projects adjacent to an undeveloped parcel, the closest developed lot may be used.
(3) The proposed project would not extend the perimeter of the area defined by the surrounding, already developed, incompa�ble uses. (4) Further increases in the residen�al density, nonresiden�al usage intensity, and/or other incompa�ble design or usage characteris�cs (e.g., through use permits, density transfers, addi�on of second units on the same parcel, height variances, or other strategy) are prohibited. (5) The area to be developed cannot previously have been set aside as open land in accordance with policies contained in this compa�bility plan analysis unless replacement open land is provided within the same compa�bility zone.
(b) For residen�al development, the average development density (dwelling units per gross acre) of the project site shall not exceed the average density represented by all exis�ng lots that lie fully or par�ally within a distance of 300 feet from the boundary of the parcel to be divided. (c) For nonresiden�al development, the average land use intensity (the number of people per gross acre) of the site’s proposed use shall not exceed the lesser of:
(1) The average intensity of all exis�ng uses that lie fully or par�ally within a distance of 300 feet from the boundary of the proposed development; or (2) Double the intensity permited in accordance with the criteria for that loca�on as indicated in the Compa�bility Criteria matrix, Table 4B. (d) Infill development on some parcels should not enable addi�onal parcels to then meet the qualifica�ons for infill. The Airport Land Use Commission’s intent is that parcels eligible for infill be determined just once. Thus, in order for the Airport Land Use Commission to consider proposed development under these infill criteria, the en�ty having land use authority (Monterey County or affected ci�es) must first iden�fy the qualifying loca�ons in its general plan or other adopted planning document approved by the Airport Land Use Commission. This ac�on may take place in conjunc�on with the process of amending a general plan for consistency with the compa�bility plan analysis or may be submited by the local agency for considera�on by the Airport Land Use Commission at the �me of ini�al adop�on of this compa�bility plan analysis. In either case, the burden for demonstra�ng that a proposed development qualifies as infill rests with the affected land use jurisdic�on and/or project proponent.
Source: Monterey County Airport Land Use Commission, February 2019. Airport Land Use Compa�bility Plan for the Monterey Regional Airport. 324
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325
Item A.
Appendix C-4
Del Rey Oaks
Munitions Response Area
326
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Item A.
Appendix C-4
Del Rey Oaks
Munitions Response Area
Fort Ord served primarily as a training and staging facility for infantry troops beginning in 1917 until its deactivation in 1994. During its active history, up to 40,000 military and civilians worked or lived on Fort Ord. Activities conducted throughout the base, including industrial activities and military munitions training, have resulted in the identification of numerous sites where hazardous substances have been detected in soil and groundwater. Munitions and explosives of concern (MEC) have been detected in former munitions training areas. Investigation and cleanup recommendations and monitoring are addressed in a series of documents, reports and overseen by numerous local, state and federal agencies.
The Army has been conducting investigation and cleanup actions at the former Fort Ord since 1986.
Initially, the studies concentrated on identifying chemical contaminants in soil and groundwater, generally as a result of industrial and waste disposal activities. In 1993, the Army also began investigating sites where munitions and explosives of concern (MEC) were suspected to be present. Sites were characterized during Remedial Investigations (RI) and the cleanup alternatives were evaluated in a Feasibility Study (FS).
These documents have received regulatory agency and public review. Cleanup remedy decisions are documented in the Records of Decisions (RODs).
The Army has completed formal review of all in-place cleanup remedies for the Fort Ord and documents results of the base wide reviews every five years since 2002. For the former Fort Ord, the most recent Five-Year Review was conducted in 2022; four previous Five-Year Reviews were conducted in 2002, 2007, 2012 and 2017. The Army is the lead agency and is responsible for conducting the Five-Year Reviews. The U.S. Environmental Protection Agency (EPA) reviews and comment on the report in cooperation with the California Department of Toxic Substances Control (DTSC), and the Central Coast Regional Water Quality Control Board (RWQCB). Regulatory agencies overseeing the Fort Ord cleanup include: The EPA, the DTSC, and the RWQCB. Remedial actions are being or have been implemented at the former Fort Ord sites in accordance with the RODs.
With the closure of Fort Ord, federal responsibility for the remaining Army activities were transferred to the Office of Assistant Chief of Staff for Installation Management (ACSIM), Base Realignment and Closure (BRAC) Division. The cleanup of the former Fort Ord is managed under contracts through the U.S. Army Corps of Engineers.
In connection with the early transfer of a portion of the former Fort Ord, in 2007 the Fort Ord Reuse Authority (FORA) assumed some of the Army’s cleanup obligations under an Environmental Services Cooperative Agreement (ESCA) grant. Pursuant to the ESCA, FORA agreed to conduct the evaluation of MEC hazards on approximately 3,300 acres of the former Fort Ord and conduct remedial actions deemed necessary to protect human health and the environment under future uses.
FORA completed its ESCA remediation program in five groups defined as Group 1, Group 2, Group 3, Group 4, and the Interim Action Ranges MRA (see ESCA sites figure below). The Group 1 MRAs are comprised of the Seaside MRA and Parker Flats MRA Phase II. Group 2 includes the CSUMB Off- Campus MRA. The 328
Item A.
Group 3 MRAs comprises the Del Rey Oaks/Monterey MRA, the Laguna Seca Parking MRA, and the Military Operations in Urban Terrain (MOUT) Site MRA. Group 4 includes the Future East Garrison MRA. The Interim Action Ranges MRA was evaluated as a separate site. The selected remedies for the Group 1, Group 2, Group 3, Group 4, and Interim Action Ranges MRAs consist of land use controls that include munitions recognition and safety training for people engaged in ground-disturbing or intrusive activities, construction support, restriction on residential use in specified areas, and access management and restriction against inconsistent uses (applicable to some habitat reserve areas). The County North MRA was documented as a Track 1 plug-in site (no further action). Track 2 sites are areas where MEC items were present and where MEC removal actions have been conducted. Four RODs have been signed for Track 2 sites, including the Parker Flats MRA ROD and the Del Rey Oaks MRA ROD, which implemented land use controls to include MEC safety education programs for site users, construction support, and restrictions on residential use for specified areas.
Map above shows munitions response sites at the former Fort Ord1 .
Initial implementation of selected remedies (land use controls) was completed by FORA, and in April 2020 the EPA provided a site-wide remedial action completion letter for the ESCA project. The underlying properties have been transferred from FORA to the designated recipients. In June 2020 FORA ceased to exist, and the City of Seaside became the ESCA successor. As the successor, the City of Seaside coordinates and manages the long-term implementation of the land use controls on the ESCA properties and oversees the local land use controls and requirements for use of the properties.
A RI/FS for the Del Rey Oaks MRA has been prepared by the U.S. Army detailing actions to address residual MEC hazards within the project area. The RI/FS for the Del Rey Oaks MRA was prepared to identify the 1 Source: U. S. Department of Army (Army) Five-Year Reviews: www.fortordcleanup.com 329
Item A.
physical and explosive risks associated with residual MEC hazards located within portions of the project site and to identify a series of alternatives to address these hazards. According to the RI/FS, risks associated with MEC remaining on the project site are considered very low and limited to receptors causing intrusive activities. The RI/FS, however, noted that the detection efficiency of the MEC-clearance equipment is less than 100%; therefore, there is the potential that MEC and munitions debris are still present within specified areas of the project site2
.
Due to the presence of potential residual MEC hazards, the RI/FS indicates that residential use restrictions are warranted for the northern and southern portions of the MRA due to the type of munitions that may be present in the subsurface. The central portion of the project site, however, was determined to be suitable for residential uses. In order to permit residential uses on the remaining portions of the site, the deed restricting residential uses would need to be modified. The attached figures illustrate areas of the former Fort Ord that would be subject to future residential restrictions, as well as areas that are considered suitable for residential uses. RI/FS indicated that the DTSC Residential Protocol, once approved by DTSC, would be considered an adequate mechanism to verify that the site is safe for human health and the environment, and, upon successful implementation of the DTSC Residential Protocol, the regulatory agencies would allow for the removal of the residential use restriction on the remainder of the project site.
The purpose of the Protocol is to document what constitutes acceptable munitions and explosives of concern (MEC) clearance for portions of the former Fort Ord site of Del Rey Oaks at the former Fort Ord, such that once the portions of the former Fort Ord site have been cleared using this agreed upon process, those portions are suitable for residential reuse. Prior to approval of residential development plans on the project site, environmental agencies, including the state lead regulatory agency, DTSC, shall confirm that the clearances conducted to date together with approved remedial actions, as required, will be sufficient to allow the Former Fort Ord site to be developed for residential reuse.
The redevelopment area within the City limits at Fort Ord was designated for commercial/hotel development consistent with the Fort Ord Reuse Plan. The additional assignment of residential designation in this particular area is constrained by the former use as a military range and related unexploded ordnance issues. A deed restriction or “Covenant to Restrict Use of the Property (CRUP)” was placed onto the former Fort Ord site that provides in pertinent part that residential use of the property is not currently authorized and would require additional approvals prior to authorization of this area. Per the Protocol, the Former Fort Ord site regulators, DTSC and US EPA, must confirm that the risk of exposure to hazardous materials can be reduced through active MEC removal actions in concert with public education, continuing land use controls (such as the grading and excavation ordinance under DRO Municipal Code Chapter 15.48) and continued active agency oversight and involvement in any MEC actions at the Former Fort Ord site.
2 Army reports document that the Former Fort Ord site that has received geophysical surveys of 100% of the property using the Best Available Detection Technology (BADT) and all confirmed significant anomalies have been removed to the depth at which they were detected. Based on this work, the Department of Toxic Substance Control (DTSC) and U.S. Environmental Protection Agency (U.S. EPA), the federal regulatory agencies for the Former Fort Ord site concluded that the parcel was safe for redevelopment and reuse for most purposes (e.g., hotel, time-share, recreation, commercial). However, the state lead regulatory agency, DTSC, did not agree that the clearances conducted to date were sufficient to allow the Former Fort Ord site to be developed for residential reuse. Hence, a Covenant to Restrict Use of the Property (CRUP) was placed onto the Former Fort Ord site that provides in pertinent part that residential use of the property is not currently authorized. 330
Item A.
As summarized in Chapter 4.0 Housing Constraints and shown on maps on the following pages, a large area of the former Fort Ord is not currently restricted by deed restriction for residential uses. The City of Del Rey Oaks grading and excavation ordinance also addresses ground disturbance activities located within the former Fort Ord. This ordinance, in addition to other agreements with DTSC and the Army, provide measures, including munitions identification training for construction workers, and other protocols in the event that munitions are uncovered during the course of construction. DTSC has indicated that these measures are adequate in order to ensure that the public health and the environment are safeguarded from munitions related hazards in the area unrestricted by covenants against residential use.
For properties under the covenant/deed, prior to approval of residential development plans on the project site, environmental agencies, including the state lead regulatory agency, DTSC, shall confirm that the clearances conducted to date together with the approved remedial actions required will be sufficient to allow the former Fort Ord site to be developed for residential uses.
Future development of residential uses shall be in accordance with the requirements of DTSC and specific MEC actions shall be conducted including implementation of the Protocol prepared for the California Environmental Protection Agency and DTSC prior to the construction activities on the former Fort Ord property within the City of Del Rey Oaks.
331
Item A.
Barloy
Canyon Road
Eucalyptus Road
Inter-Garrison Road
General Jim
Moore
Blvd
Reservation Road
Marina
Sand
City
Seaside
Toro
Regional
Park
Laguna
Seca
Del Rey
Oaks
FORMER FORT
ORD BOUNDARY
Monterey
Bay
IMPACT
AREA
|ÿ68
|ÿ1
DEL REY
OAKS MRA
Barloy
Canyon Road
Eucalyptus Road
Inter-Garrison Road
General Jim
Moore
Blvd
Reservation Road
Marina
Sand
City
Seaside
Toro
Regional
Park
Laguna
Seca
Del Rey
Oaks
FORMER FORT
ORD BOUNDARY
Monterey
Bay
IMPACT
AREA
|ÿ68
|ÿ1
DEL REY
OAKS MRA
p
Del Rey Oaks MRA and Fort Ord Location Map
0 1 2
Miles
Record of Decision
Del Rey Oaks Munitions Response Area
Track 2 Munitions Response Site
Former Fort Ord, California
C
A
L I F O R N I A
Former Fort
Ord Location
!
1 4088074345 12 Plate1_location_map.mxd - 8/21/07
TJH
APPROVED DATE
PLATE
DRAWN JOB NUMBER CHECKED CHECKED DATE APPROVED
8/2007
UNITED STATES
DEPARTMENT OF THE ARMY
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Item A.
11-GRID ARMY CONSTRUCTION
SUPPORT AREA (>4 FEET)
BOUNDARY OF FORMER
FORT ORD
MRS-15 DRO 01
MRS-43
MRS-43A
MRS-15 DRO 02
MRS-15
MOCO 01
MRS-15
DRO 01A
MRS-15 DRO 02A
E29a
E24
F1.13.1
L3.2
E29b.1
E29b.2
L4.1
E29b.3
E29.1
L6.1
E29.2
E29e
L4.2
E36
L6.2
E31a
E29a.1
E31c
E31b
L20.13.3.1
L20.13.1.1
L20.13.3.2
L20.13.4
L20.13.2
L20.13.1.2
Reuse Areas Evaluated in the
Risk Assessment and Feasibility Study
MRS Site Boundary
UNITED STATES
DEPARTMENT OF THE ARMY
p 0 800 1,600
Feet
2 Record of Decision
Del Rey Oaks Munitions Response Area
Track 2 Munitions Response Site
Former Fort Ord, California
D
R
O
_
R
O
D
_Plate_2.mxd - 8/20/07
TJH 4088074345 12
8/2007
Del Rey Oaks Munitions Response
Areas and Munitions Response Sites
EXPLANATION
AS SHOWN
DRAWN:
ENGINEER:
CHECKED:
SCALE:
APPROVED:
DATE:
PROJECT NO:
DATE:
PLATE
Areas Requiring Residential
Use Restriction
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Item A.
Areas of Residential
Restriction
T:\Projects\DelReyOaks\2010_06_24_fig3_DRO_Areas_of_Residential_Restriction.mxd - 7/28/2010 @ 3:07:46 PM Figure 3
WATKINS GATE ROAD
MRS-BLM
MRS-15 DRO 01
MRS-15 SEA 01
MRS-43
MRS-43A
MRS-15 DRO 02
MRS-15 MOCO 01
MRS-15 DRO 01A
MRS-15 DRO 02A
Del Rey Oaks MRA, Del Rey Oaks, California
Del Rey
Oaks
Seaside
Impact Area
Former Fort Ord
Location Map
Inter-Garrison Road
GiglingRoad
General Jim Moo re Boulevard
Highway 1
Highway 218
Highway 68
Imjin Road
Road
Broadway Avenue
12thStreet
8th Street
Coe Avenue
Monterey
Marina
Monterey
Bay
Sand
City
Del Rey Oaks
MRA
012Miles
£
0 1,000 2,000
Feet
Project Limits - Del Rey Oaks MRA
MRS-43 Munitions Response Site
Legend
Area of Residential Restriction
336
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Appendix D - Funding Resources
338
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339
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APPENDIX D TO THE HOUSING ELEMENT
CITY OF DEL REY OAKS 1 November 2023
Funding and Administrative Resources
Overview
A variety of resources are available to landowners and developers seeking to provide housing within the City and vicinity. The information below identifies several of the major programs and resources available within the region for use with residential developments. Resources are grouped under local providers, private nonprofit agencies, and state or federal programs.
Housing Authority of the County of Monterey
The Housing Authority of the County of Monterey (HACM or Housing Authority) provides administration of housing programs for residents of the City and the County. The Housing Authority located in nearby Salinas has been helping the residents of Monterey County and the City of Del Rey Oaks for over 75 years. Programs administered by the Housing Authority include Section 8 Housing Choice Vouchers and other affordable housing programs to address the housing shortage, including provision and assistance in providing public housing, farm labor housing and providing information and assistance on tax credit and other affordable housing programs. The Housing Authority partners with a broad spectrum of community non-profits, city and county agencies, and state organizations to address affordable housing and housing shortage issues. See HACM information at https://hamonterey.org/.
Community Development Block Grant (CDBG) Program
The CDBG program provides funds for a range of community development activities. CDBG funds are administered by the State Department of Housing and Community Development (HCD) through a variety of competitive and non-competitive programs. These programs can provide funding for a range of activities. The eligible activities include, but are not limited to acquisition and/or disposition of real estate or property, public facilities and improvements, relocation, rehabilitation and construction of housing, homeownership assistance, and also clearance activities. Funding levels for individual programs can vary by year, and decisions to pursue funding for each program are made by the City based on potential projects and competitive factors. Currently Del Rey Oaks is not eligible to participate in CDBG program but is working to rectify this.
HOME Investment Partnership Program Funds (HOME)
Federal HOME funds can be used for activities that promote affordable rental housing and homeownership for lower-income households. HOME funds are administered by HCD, through a variety of competitive and non-competitive programs. Activities eligible to receive HOME funds include building acquisition, new construction, reconstruction, moderate/substantial rehabilitation, first-time homebuyer assistance, and tenantbased assistance. A federal priority for the use of HOME funds is preservation of the at-risk housing stock. As with CDBG funds, funding levels for individual programs can vary by year, and decisions to pursue funding for each program are made by the City based on potential projects and competitive factors.
Mortgage Credit Certificate (MCC) Program
Federally funded program administered by the State offers MCCs through an annual application process, which provides first-time homebuyers a credit on their federal income taxes up to 20 percent of the mortgage interest 340
Item A.
APPENDIX D TO THE HOUSING ELEMENT
CITY OF DEL REY OAKS 2 November 2023
paid for the year. The credit can be deducted from the income tax owed, while the remaining 80 percent of the interest paid on the mortgage remains available as an income tax deduction.
Cal Home Program
Authorized by SB 1656 in 2002, the Cal Home Program offers financial assistance to cities and non-profits for first-time homebuyer assistance, rehabilitation programs, or homeownership development projects. Specialized components of the Program assist owners of manufactured housing units and shared housing operators.
Project-Based Section 8
Project-Based Section 8 is a rent subsidy program in which tenants pay no more than 30% of their income for rent with HUD paying the difference up to the contract rent amount. Project- Based Section 8 provides for contracts that have terms of up to 20 years, except for those financed by the California Housing Finance Agency, which have terms of 30 years.
Section 202 Supportive Housing for the Elderly
This section helps expand the supply of affordable housing with supportive services for the elderly. It provides very low-income elderly with options that allow them to live independently but in an environment, that provides support activities such as cleaning, cooking, transportation, etc. The program is similar to Supportive Housing for Persons with Disabilities (Section 811).
Section 811 Supportive Housing for Persons with Disabilities This program allows persons with disabilities the opportunity to live as independently as possible by increasing the supply of rental housing with the availability of supportive services. The program also provides project rental assistance, which covers the difference between the HUD approved operating costs of the project and the tenants’ contribution toward rent. The program is similar to Supportive Housing for the Elderly (Section 202).
Low Income Housing Tax Credits
This program (LIHTC) encourages the construction and rehabilitation of low-income rental housing by providing a federal income tax credit as an incentive to investors. Investors receive tax credits for a specified number of years in return for investing equity capital. This program requires a 55-year affordability period. 341
Item A.
APPENDIX D TO THE HOUSING ELEMENT
CITY OF DEL REY OAKS 3 November 2023
Appendix D -Table 1
Financial and Program Resources Availability
Program Name Description Eligible Activities
1. Federal Programs
HOME
Grant program available to the City on a
competitive basis for housing activities. City
competes for funds through the State’s
allocation process.
• Acquisition
• Rehabilitation
• Home Buyer Assistance
• Rental Assistance
Low-income Housing Tax
Credits (LIHTC)
Tax credits are available to persons and
corporations that invest in low income rental
housing. Proceeds from the sales are typically
used to create housing.
• New Construction
• Acquisition
• Rehabilitation
Mortgage Credit Certificate
(MCC) Program
Income tax credits available to first-time
homebuyers to buy new or existing singlefamily housing. • Home Buyer Assistance
Housing Choice Voucher
Program
Rental assistance payments from Monterey
County Housing Authority to owners of
private market rate units on behalf of very
low-income tenants.
• Rental Assistance
• Home Buyer Assistance
Section 202 Grants to non-profit developers of supportive housing for the elderly.
• Acquisition
• Rehabilitation
• New Construction
Section 203(k)
Provides long-term, low interest loans at fixed
rate to finance acquisition and rehabilitation of
eligible property.
• Land Acquisition
• Rehabilitation
• Relocation of Unit
• Refinance Existing Indebtedness
Section 811
Grants to non-profit developers of supportive
housing for persons with disabilities, including
group homes, independent living facilities and
intermediate care facilities.
• Acquisition
• Rehabilitation
• New Construction
• Rental Assistance
U.S. Department of
Agriculture (USDA)
Housing Programs
Below market-rate loans and grants for
farmworker rental housing.
• New Construction
• Rehabilitation
2. State Programs
Affordable Housing
Partnership Program
(AHPP)
Provides lower interest rate CHFA loans to
homebuyers who receive local secondary
financing.
• Home Buyer Assistance
CalHOME
Provides grants to local governments and nonprofit agencies for local homebuyer assistance and owner occupied rehabilitation programs
and new home development projects. Will
finance the acquisition, rehabilitation, and
replacement of manufactured homes.
• Home Buyer Assistance
• Rehabilitation
• New Construction
California Housing
Assistance Program
Provides 3 percent silent second loans in
conjunction with 97 percent CHFA first loans
to give eligible buyers 100 percent financing.
• Home Buyer Assistance
California Self-Help
Housing Program (CSHHP)
Provides grants for the administration of
mutual self-help housing projects.
• Home Buyer Assistance
• New Construction
Emergency Housing and
Assistance Program
(EHAP)
Provides grants to support emergency housing. • Shelters & Transitional Housing 342
Item A.
APPENDIX D TO THE HOUSING ELEMENT
CITY OF DEL REY OAKS 4 November 2023
Appendix D -Table 1
Financial and Program Resources Availability
Program Name Description Eligible Activities
Emergency Shelter Program Grants awarded to non-profit organizations for shelter support services. • Support Services
Senate Bill 2 – Building
Homes and Jobs Act1
Provides funding to eligible applicants2 for a
range of housing activities at the local
government level including:
• Updates to general plans, community
plans, specific plans, local planning related
to the implementation of sustainable
communities strategies, and/or local
coastal plans.
• Updates to local zoning ordinances.
• Environmental analyses that eliminate the
need for project-specific review.
• Local process improvements that expedite
local planning and permitting.
• Public Services
• Economic Development
3. Federal/State/Local Programs (See Footnote 2)
Community Development
Block Grant (CDBG)
Grants could be available to a City on a
competitive basis for a variety of housing and
community development activities.
• Acquisition
• Rehabilitation
• Home Buyer Assistance
• Economic Development
• Homeless Assistance
• Public Services
CDBG Revolving Loan
Funds
This program rehabilitation loans that are
administered by jurisdictions locally; also
offers low-income families to obtain low
interest loans for down payment assistance
when purchasing a home.
• Rehabilitation
• Home Buyer Assistance
4. Private Resources/Financing Programs
Federal National Mortgage
Association (Fannie Mae)
Fixed rate mortgages issued by private
mortgage insurers. • Home Buyer Assistance
Mortgages, which fund the purchase and
rehabilitation of a home.
• Home Buyer Assistance
• Rehabilitation
Low Down-Payment Mortgages for SingleFamily Homes in underserved low-income and minority cities.
• Home Buyer Assistance
Freddie Mac Home Works
Provides first and second mortgages that
include rehabilitation loan. City provides gap
financing for rehabilitation component.
• Home Buyer Assistance
1 http://www.hcd.ca.gov/grants-funding/active-funding/planning-grants.shtml 2 Eligible applicants as defined by the California Department of Housing and Community Development must have an HCD-compliant housing element, have submitted a recent annual progress report, demonstrate a nexus to accelerating housing production, and demonstrate consistency with State Planning Priorities (Government Code Section 65041.1) or other planning priorities. The City previously was able to offer housing rehabilitation loans using program income from CDBG grants. The City no longer has eligibility for this program but is moving to compliance working with HCD. 343
Item A.
Appendix E - Review of Previous Housing Element
344
Item A.
This Page Intentionally Left Blank
345
Item A.
Appendix E
6t h Cycle Housing Element Assessment of Programs from 5t h Cycle Update City of Del Rey Oaks E-1 November 2023
Progress in Implementing Programs from the 2019 Housing Element - Background & Summary Del Rey Oaks’ 5th Cycle Housing Element was adopted in December 2019. The 1992 Housing Element was the last HCD-certified Housing Element for Del Rey Oaks. Del Rey Oaks’ 2019 Housing Element also sets forth goals, policy statements, and housing programs to implement those policies.
The following provides progress on programs since City Council adoption of the 2019 Housing Element and also considers the final adoption of the 5ᵗʰ Cycle Update and rezoning completed by the City in October 2023.
Goals and Policies of 2019 Housing Element
Housing
Element
Programs
2019 Policy/Program Responsibili
ty
Progress and Evaluation
6th Cycle
Program
Revision or
Update
Provide adequate sites to build new housing units for all income levels and to meet the City’s fair share of housing needs.
Program A.1 Accommodate the City’s RHNA
According to the RHNA, the City has an affordable housing shortfall of 59 units for the 4th Planning Cycle and an allocation of 11 units for the 5th Planning Cycle for low and very low-income categories. Rezoning will meet the
requirements of Government Code section 65583.2(h) and
(i). The City must also accommodate its moderate and
above moderate RHNA. The City has described 4 sites
under consideration to meet the City’s RHNA, see Chapter 3 and Appendix C. All sites must have access to dry
utilities, sewer, and water.
City Council
Planning
Commission
Program A.1 has been updated and revised language identifying Sites 1 and 1a only and adding requirement for rezoning and general plan amendment to allow for residential uses to accommodate the City’s RHNA for 5th cycle and 4th cycle shortfall.
The City drafted a rezoning overlay zone for RHNA in Sites 1 and 1a. City submitted revised 2023 Housing Element for approval by HCD with overlay zoning. Rezoning will occur was completed with final adoption of the 5ᵗʰ Cycle update in October 2023. Additional revisions for upcoming 6th Cycle will address requirements for minimum densities and compliance per HCD review letter. Since the rezoning was recently adopted, progress will be seen in next cycle regarding the ability to provide affordable housing to meet the needs of the special need’s groups identified. See also Program B2 below.
Revise Program
as shown in
Section 7 to
address
minimum
densities and
compliance per
HCD review
letter.
Program A.2 Develop written process for continued compliance with AB 2162
The City shall continue to comply with the requirements of state law AB 2162 (Chapter 753, statutes of 2018) and will develop a written process to adhere to the statutory
requirements in accordance with state law1
. AB 2162
City Council
Planning
Commission
The City Council approved a zoning ordinance amendment adopting an emergency shelter ordinance in March 2023. The City complies with all requirements of state law but has not developed a written process for compliance with AB 2162. No applications have been requested, however, if so, the City uses the HCD-approved form for streamlined application processing for qualified projects as applicable until a new process is developed.
Moved; Updated
status noted.
Modify Program
and update to
expedite and
1 https://www.hcd.ca.gov/community-development/accountability-enforcement/docs/SB%20330%20Preliminary%20Application%20%20Form_Final.pdf 346
Item A.
Appendix E
6t h Cycle Housing Element Assessment of Programs from 5t h Cycle Update City of Del Rey Oaks E-2 November 2023
Housing
Element
Programs
2019 Policy/Program Responsibili
ty
Progress and Evaluation
6th Cycle
Program
Revision or
Update
Provide adequate sites to build new housing units for all income levels and to meet the City’s fair share of housing needs. streamlines and expedites the approval of supportive
housing to better address the need of Californians
experiencing homelessness. The legislation requires a local government to approve, within statutory timelines, a
supportive housing development that complies with
specified criteria.
.6th Cycle moved this program to D.6 and will add specific provisions to meet homelessness and special needs. The City progress on this program will be part of a comprehensive zoning amendment to address Programs D.4, D.5, D.6 and D7 addressing reducing barriers and increasing opportunities for special needs groups. Special needs groups include seniors, disabled, homeless and single, head of household families.
remove
constraints to
supportive
housing in City.
Encourage the provision of a wide range of housing by location, type of unit, and price to meet the existing and future housing needs in the City.
Program B.1 Develop Inclusionary and Affordable Housing Requirements
The City will adopt an Inclusionary and Affordable Housing Ordinance that will require new residential development or redevelopment in the City to meet the City’s RHNA
requirements as identified in the AMBAG RHNA. The City’s RHNA requirement are identified in the 5th Cycle Housing Element.
City Council
Planning
Commission
Planning
Department
The City has not developed an Inclusionary Housing Ordinance and has not received any development applications for residential development. 6th Cycle revised this program to add specific timeframes and deadlines to this program, as well as provide flexibility to allow development agreements to ensure affordability with development.
Modify Program
and update to
provide timeline
and actions
Program B.2 Facilitate Affordable Housing for All Income Levels The City will support housing for low-income, extremely low-income, and moderate-income households and
persons with disabilities (including developmental
disabilities). The City will actively seek to participate in and promote housing assistance service provided by such
agencies as the Monterey County Housing Authority and
the U.S. Department of Housing and Urban Development.
As opportunities arise, new funding sources for lowerincome housing will be sought from available non-profit, local, State, and federal programs. Planning and
entitlements should consider how to position an
affordable project to qualify for future grant applications.
The City will also work with developers to facilitate
affordable housing development. Specifically, as funding permits, the City will provide gap financing to leverage State, federal, and other public affordable funding
sources. Gap financing will focus on rental housing units affordable to lower-income households and households
with special needs (such as seniors and disabled, including people with developmental disabilities). To the extent
City Hall
City
Manager’s
Office
The City continues to support housing for low-income, extremely low-income, and moderate-income households and persons with disabilities (including developmental disabilities).
The City has revised programs to accommodate the RHNA. See Program A-1 above. The City Council and Planning Commission workshops indicate Sites 1 and 1a are suitable for rezoning to residential to provide for affordable housing to meet RHNA.
The City continues to communicate with developers to facilitate affordable housing development on Sites 1 and 1a. Additional sites that are vacant are being considered for 6th Cycle.
The City completed a request for proposal (RFP) process to engage developers for Site 1. The City also declared Sites 1 and 1a properties as Surplus Lands and completed the Surplus Land Act (SLA) process. RFPs were sent out to a a broad list of developers to facilitate affordable housing development. The City completed the SLA process and received three letters of interest, one from an experienced affordable housing developer. The City hired an economic consultant to address funding methods and work with developer on financing, and present options for funding and gap financing. The element identified the Fort Ord sites to accommodate the City’s 4th,, 5th and 6th cycle RHNA. This site Continue
program.
Update and
modify to
provide specific
timeframes and
actions to
facilitate and
encourage
development,
including actions
and a schedule
to facilitate
development of
Sites 1 and 1a.
347
Item A.
Appendix E
6t h Cycle Housing Element Assessment of Programs from 5t h Cycle Update City of Del Rey Oaks E-3 November 2023
Housing
Element
Programs
2019 Policy/Program Responsibili
ty
Progress and Evaluation
6th Cycle
Program
Revision or
Update
Provide adequate sites to build new housing units for all income levels and to meet the City’s fair share of housing needs. feasible, the City will also ensure a portion of the
affordable housing units created will be available to
extremely low-income households.
is an integral part of the addressing most of the City’s RHNA including the lower-income RHNA.
Program B.3 Utilize Section 8 Housing Choice Vouchers
The Housing Authority of Monterey County (HAMC) which
administers the Section 8 Certificate/Voucher Program for Del Rey Oaks and throughout Monterey County provides
rental subsidies to very low-income families and elderly households that spend more than 30 percent of their
gross income on housing.
To help overcome the reluctance of many landlords to
sign Section 8 agreements, the City shall work with the Housing Authority to offer incentives to property owners that sign Section 8 agreements.
City Hall
City
Manager’s
Office
The Housing Choice Voucher Program (HCV), formerly known as “Section 8”, provides assistance for very low-income households (single or family), the elderly, and the disabled to afford decent, safe, and sanitary housing in the private market, administered through the HAMC.
Effective January 1, 2020, it is illegal in California for landlords to refuse to rent to prospective tenants solely because they have a Housing Choice Voucher (formally known as Section 8).
The City currently does not offer incentive programs. The City is supportive of the Housing Authority and HCV’s. The City researched history of the Voucher program and continues to work with HAMC to address assistance for very lowincome households (single or family), the elderly, and the disabled (special needs groups identified in Appendix A and Chapter 2.0).
Modify program
to expand
outreach and
provide specific
timeframes and
actions to
increase the
assistance to
special needs
identified.
Program B.4 Preferential Housing for Del Rey Oaks Residents and Workers
To the extent that such policy can be legally implemented, the City shall consider adoption of a new ordinance in
compliance with the Fair Housing Law, requiring that all newly constructed inclusionary dwelling units for belowmarket-rate income, moderate-income, and lower-income households within the City, and all first-time homebuyer programs, be provided on a preferential basis to Del Rey Oaks residents and workers.
City Council
Planning
Commission
Planning
Department
No action to date.
The City considered this policy and program during development of 6th Cycle program changes during the 2023 outreach. The City will retain this program as long as it is legal to implement it in accordance with comments received during 2023.
The element identified the Fort Ord sites to accommodate the City’s 4th, 5th and 6th cycle RHNA. This site is an integral part of the addressing most of the City’s RHNA including the lower-income RHNA.
Continue.
Program B.5 Develop a Density Bonus Ordinance consistent with State law
Government Code section 65915 requires that a
jurisdiction adopt a local Density Bonus Ordinance
consistent with State law. State Density Bonus Law requires a local jurisdiction to grant an increase in density, if requested by a developer, for providing affordable housing as part of a development project. Key provisions of the law include incremental density bonuses that correspond to
City Council
Planning
Commission
Planning
Department
The City has not developed a Density Bonus Ordinance but complies with current State law requirements for density bonuses.
The City program for 6th Cycle will be amended to require that the City shall develop and adopt a Density Bonus Ordinance consistent with the current Government Code and State Density Bonus Law by fourth quarter 2024.
Subsequently, by completion of 4th quarter annually, the City shall review any future amendments to State Density Bonus law to ensure that its local ordinance remains consistent with State law.
Modify program
with specific
actions and
timelines to
completion.
348
Item A.
Appendix E
6t h Cycle Housing Element Assessment of Programs from 5t h Cycle Update City of Del Rey Oaks E-4 November 2023
Housing
Element
Programs
2019 Policy/Program Responsibili
ty
Progress and Evaluation
6th Cycle
Program
Revision or
Update
Provide adequate sites to build new housing units for all income levels and to meet the City’s fair share of housing needs. the percentage of housing set aside as affordable units. The City shall develop and adopt a Density Bonus Ordinance
consistent with the current Government Code and State
Density Bonus Law. Once passed, the City will review any future amendments to State Density Bonus law to ensure
that its local ordinance remains consistent with State law.
Once passed the City shall commit to consider requests
under State Density Bonus Law (including requests for
incentives, concessions, waivers, and parking reductions) so that projects that qualify are not prevented from
developing at the densities to which they are entitled.
The City adopted an Affordable Housing Overlay Zoning District applicable to the former Fort Ord Sites 1 and 1a, allowing residential densities at period when the City ordinance is being developed. Requests include those for incentives, concessions, waivers, and parking reductions.
Program B.6 Facilitate Affordable Rental Units
The City will apply for low interest loans, grants, and rent subsidies through the U.S. Department of Housing and
Urban Development, the California Housing Finance
Agency, Farmers Home Administration, and the HCD. The
City will apply for at least one funding opportunity per year within the 5th Cycle Planning period. In addition, the City will provide funding through use of tax increment
funding for a housing fund as such funds are available.
City Council
and City
Manager
City annually addresses priorities through a visioning process with the City Council and City Staff. Grant funding and funding available for grants have been researched but no applications provided. City grant funding under LEAP and REAP has been received to assist with Housing Element implementation and outreach efforts. The City researched tax increment funding through an economic consultant and will continue to consider opportunities during development of 6th cycle, focusing on meeting affordability for special needs groups identified in Appendix A and Chapter 2.0. No action to date.
Continue
program with
specific actions
and timelines to
completion.
Work to remove governmental and non-governmental constraints to housing development.
Program C.1 Support efforts of public and private groups providing housing for the elderly and disabled, including assistance with obtaining permits and permit streamlining consistent with SB 35, or where appropriate, waiving City fees or
regulatory requirements.
The City will continue to find opportunities to streamline the permitting process to remove unnecessary barriers,
without compromising public health, safety and
community character. In order to do this, as part of the City’s Zoning Ordinance update, site improvement
standards and development procedures will be reviewed
and, as needed, revised to ensure that such standards and procedures do not unnecessarily constrain the
development, conservation, and rehabilitation of
affordable housing. This Zoning Ordinance update will
ensure compliance with SB 35 which allows streamlined
City Council
Planning
Commission
Planning
Department
The City conducted an updated comprehensive review of the permitting process to identify unnecessary barriers. The City found areas of subjective language in the Design Review process and is revising this section as part of the City’s Zoning Ordinance update. The 6th Cycle programs include updated and expanded programs on revisions to Zoning Code site improvement standards and design approval procedures to ensure such standards and procedures do not unnecessarily constrain the development, conservation, and rehabilitation of affordable housing. New program is proposed for development of procedures and compliance with SB 35. While no applications related to SB 35 received in the City during the last planning cycle, the City follows state guidelines for compliance and has state processing information available for applicants should any come forth. The new program will support efforts of public and private groups providing housing for the elderly and disabled, including assistance with obtaining permits and permit streamlining consistent with SB 35. Where appropriate, the City supports waiving City fees or regulatory requirements to ensure compliance with SB 35 and increase housing Revise program
and new
program specific
to SB 35 per HCD
letter and
example.
Modify program
to streamline
permitting
process with
specific actions
and timelines
tofor
completion.
349
Item A.
Appendix E
6t h Cycle Housing Element Assessment of Programs from 5t h Cycle Update City of Del Rey Oaks E-5 November 2023
Housing
Element
Programs
2019 Policy/Program Responsibili
ty
Progress and Evaluation
6th Cycle
Program
Revision or
Update
Provide adequate sites to build new housing units for all income levels and to meet the City’s fair share of housing needs. approval processes in municipalities not meeting the
RHNA.
provision for the special needs target groups identified in Chapter 2.0 and Appendix A, .No action to date.
Program C.2 Update the Accessory Dwelling Unit Ordinance to Existing Standards
A major constraint to housing in the City is affordability.
ADUs help meet the City’s needs for housing that is
affordable by providing a housing resource for seniors and low- and moderate-income households. State ADU law
has been updated since the passage of the City ADU
ordinance. The City will update their ADU Ordinance (also known as auxiliary housing) to be compliant with updated State regulations that promote the development of ADUs.
The City will encourage the construction of ADUs by
providing incentives such as waiver or reduction of
development fees and expedited permit processing for
ADU applications. Further, information to all eligible
property owners concerning the City’s amended
ordinance will be provided at City Hall.
City Council,
Planning
Commission,
and Planning
Department
Update the Accessory Dwelling Unit Ordinance to Existing Standards The City adopted an ADU compliant with updated State regulations that promote the development of ADUs.
The City provides information regularly to eligible property owners concerning the City’s amended ordinance.
The City enables expedited permit processing for ADU applications. Further, information to all eligible property owners concerning the City’s amended ordinance is available at City Hall. The City conducted workshops and meetings with ADU information during the review and development of the ADU ordinance, and regularly provides outreach, addresses questions and provides efficient processing of ADU applications.
The City annually reviews ADUs and monitors their completion, reporting annually to the City Planning Commission, Council and to HCD during the APR process.
Updated status
noted. Continue
and expand
program (revised
to show monitor
results annually
with specific
timelines,
actions and
monitoring
reporting); see
Section 7.
Program C.3 Mitigating Constraints
Based upon this review of the City’s standards, the
following additional Zoning Ordinance amendments will
be considered:
• Amend the Zoning Ordinance to eliminate limits on
number of persons allowed to live in housing unit
under definition of “Family.”
• Amend the Zoning Ordinance to include language
on density bonuses to comply with State
requirements.
• Review Zoning Ordinance to ensure that transitional
and supportive housing is allowed in the same way
other residential uses are allowed in all zoning
districts allowing residential uses.
City Council,
Planning
Commission,
City Hall, and
Planning
Department
The City updated the zoning ordinance to allow year-round emergency sheltersby-right and amend the definition of family in March 2023. Specifically, the City amended the Zoning Ordinance to change definition of Family. The City revisions have been sent to HCD for review to determine if language is adequate to address this program item. The City did eliminate limits on number of persons allowed to live in housing unit under definition of “Family”. After HCD, the City will amend the definition within the first quarter of 2024 if needed per HCD.
Per requirements, the City will provideprovided the Emergency Shelter Ordinance to HCD. HCD will review and issue correspondence identifying the updated status of the City’s 2019 Housing Element compliance or required amendments.
See discussion in Program A.2, B.5 and C.2 above.
Updated
status
noted.
Update for
6th Cycle
and
continue
program.
Update
timeframe
by 2025.
Continue;
modify to
350
Item A.
Appendix E
6t h Cycle Housing Element Assessment of Programs from 5t h Cycle Update City of Del Rey Oaks E- 6 November 2023
Housing
Element
Programs
2019 Policy/Program Responsibili
ty
Progress and Evaluation
6th Cycle
Program
Revision or
Update
Provide adequate sites to build new housing units for all income levels and to meet the City’s fair share of housing needs. • Review and amend the Zoning Ordinance to
conditionally permit SRO housing in the C-1
(Commercial) zone.
• Consistent with the California Employee Housing
Act, amend the Zoning Ordinance to update
standard that requires that housing for six or fewer
employees be treated as a regular residential use.
The City will be updating the Zoning Ordinance for Transitional and Supportive Housing and SRO housing, as well as housing for employees.
These modifications and programs are specific to assisting in efforts of the City to provide affordable housing for those experiencing homelessness, the elderly and disabled, as well as the special needs groups identified. identify actions
and timeframes.
Also modify to
update actions
completed to
date by the City.
Program C.4 Ensure the Availability of an Adequate Water Supply to Serve the Long-Term Housing Needs of the City
A major constraint to development within the City is water supply. The City will continue to work with the MPWMD,
MCWD, FORA, and other appropriate agencies through
meetings and consultation to seek securement of
sufficient water resources to meet the expected needs of projected housing development
City Council
City Manager
Planning
The City continues to work with the MPWMD, MCWD, M1W and other appropriate agencies through meetings and consultation to seek securement of sufficient water resources to meet the expected needs of projected housing development. MCWD and MPWMD provided updates to the City Council in a public forum in 2021. The City Manager meets regularly with MCWD management on water issues.
Minor update to
delete reference
to FORA. Modify
to add specific
measures to
address water
needs. See
Section 7.
Promote equal housing opportunities for all persons.
Program D.1 Promote Fair Housing by Providing Educational and Referral Materials
The City will continue to provide Fair Housing education and outreach, making information available in multiple
languages, and refer persons with fair housing questions to the Housing Authority, Department of Equal Housing
and Employment, and California Rural Legal Assistance on an as-needed basis. The City will make information about fair housing services available at City offices and on the City’s website.
City Hall,
Planning and
Building
Departments
The City continues to provide Fair Housing education and outreach information and refers persons with fair housing questions to the Housing Authority, Department of Equal Housing and Employment, and California Rural Legal Assistance on an as-needed basis. The City has compiled information about fair housing services available at City offices but not on the City’s website.No action to date.
Updated
status noted.
Update for 6ᵗʰ
Cycle and
continue
program; modify
to identify
actions and
timeframes
Program D.2 Provide Opportunity for and Encourage the Development of Adequate Housing for the City’s Special Needs Groups.
The City shall facilitate the provision of housing for the elderly and disabled, including developmental disabilities, and other special needs housing by modifying the Zoning Ordinance to define licensed residential care facilities, to explicitly allow small residential care homes by right in all residential zone districts, allow group homes of six or fewer to be allowed in all zones allowing single-family uses (not limited to residential uses), and to permit larger City Council,
Planning
Commission,
and Planning
Department
The City did not update the Zoning Ordinance for the development of these housing needs for the elderly and disabled, including developmental disabilities and other special needs housing. The City will update this program to specify this revision to the Zoning Ordinance will be completed by first quarter 2024..
See also D.3 below also. The City currently allows housing for the elderly and disabled, including developmental disabilities, and other special needs housing under licensed residential care facilities in all residential zones. The zoning code is not explicit in this allowable use, however. Thus, while this existing practice supports housing for the elderly and disabled, including Updated
status noted.
Update for 6ᵗʰ
Cycle and
continue
program; modify
to identify
actions and
timeframes.
351
Item A.
Appendix E
6t h Cycle Housing Element Assessment of Programs from 5t h Cycle Update City of Del Rey Oaks E- 7 November 2023
Housing
Element
Programs
2019 Policy/Program Responsibili
ty
Progress and Evaluation
6th Cycle
Program
Revision or
Update
Provide adequate sites to build new housing units for all income levels and to meet the City’s fair share of housing needs. residential care homes (seven or more) in the City’s R-2 and C-1 districts consistent with the standards of these districts.
The City shall also support the efforts of public and private groups to provide housing for the elderly and disabled.
Such support may include staff assistance in obtaining
permits or financing, or, where appropriate, the waiver of City fees or regulatory requirements, some combination of these, or other tangible measures of support.
developmental disabilities, and other special needs, the zoning code needs to be revised. Current zoning does not explicitly allow small residential care homes by right in all residential zone districts, including allowing group homes of six or fewer in all zones allowing single-family uses (which is not limited to residential uses in the City of Del Rey Oaks). The Zoning Code will be revised to permit larger residential care homes (seven or more) in the City’s R-2 and C-1 districts consistent with the standards of these districts.
The City complies with this ongoing program to support the efforts of public and private groups to provide housing for the elderly and disabled. Staff assistance in obtaining permits is regularly provided to all applicants. No requests for assistance with financing, fee waivers or reduction of regulatory requirements have been received; .However, the City is open to review on a case-by-case basis of any requests to provide this support, or other tangible means of support for special needs housing.
Program D.3 Special Needs Housing for Disabled Persons
The City shall amend the Zoning Ordinance to ensure that future projects incorporate accessible design. Specifically, the zoning ordinance will be amended to:
1) Require new multi-family development to be in
compliance with Title 24 of the California Code
of Regulations,
2) Eliminate restrictions on occupancy standards
for group homes by amending the definition of
family to comply with section 801(c) and 801(k)
of the Fair Housing Act; and
3) Allow reduced parking standards for all
transitional housing and homeless shelters, for
age-restricted housing (regardless of
affordability), and for persons with disabilities.
The zoning code will be further reviewed to identify and remove any additional constraints and ensure that
reasonable accommodations are provided with regard to
housing designed for persons with disabilities. This update will expressly allow exceptions to zoning and development City Council,
Planning
Commission,
and Planning
Department
See also D.2 above. The City updated the Zoning Ordinance to include amendment to the definition of family. in March 2023. The City revisions have been sent to HCD to review to determine if language is adequate to address this program to comply with section 801(c) and 801(k) of the Fair Housing Act”.
If not, the City will amend the definition within the first quarter of 2024.
The City adopted an Emergency Shelter Ordinance with required reduced parking standards in March 2023. This ordinance will be reviewed by HCD to determine compliance with updated parking standards.
The City is currently reviewing reduced parking standards and commits to a proposed new program to allow reduced parking standards for all transitional housing and homeless shelters, for age-restricted housing (regardless of affordability), and for persons with disabilities.
The City continues to allow and provide forprovide accommodation for persons with disabilities as identified in the program.
The zoning code also continuecontinues to identify and remove any additional constraints and ensure that reasonable accommodations are provided for persons with disabilities.
Updated
status noted.
Update for 6ᵗʰ
Cycle and
continue modify
programs to
address new
program for
reasonable
accommodation
ordinance, SRO,
352
Item A.
Appendix E
6t h Cycle Housing Element Assessment of Programs from 5t h Cycle Update City of Del Rey Oaks E- 8 November 2023
Housing
Element
Programs
2019 Policy/Program Responsibili
ty
Progress and Evaluation
6th Cycle
Program
Revision or
Update
Provide adequate sites to build new housing units for all income levels and to meet the City’s fair share of housing needs. standards including, but not limited to, ramps as a
permitted encroachment into required front and rear
yards in order to ensure accessibility for persons with disabilities.
The City drafted a reasonable accommodation ordinance and added a ,program specific to adoption of this ordinance by first quarter 2024.
Program D.4 Support Programs to Reduce Homelessness
The City shall identify adequate sites for emergency
shelters and then amend its Zoning Ordinance to make
appropriate zone changes, if needed, to provide for the zoning for the site to allow for the emergency shelters in the City’s zoning districts consistent with State law. Zoning changes may not be necessary as certain zones may allow emergency shelters currently. Adequate sites for these
housing types are available throughout the City in C zones outside of the former Fort Ord that allow residential use with a permit (acreages and vacant sites in these zones are shown in Figure 4). Although the City has constraints due to lack of water and available land sites, the C zone outside could be developed into emergency shelters, most of the City is within a mile of transit stops and community services. Specifically, the City has adequate capacity on vacant and underutilized parcels (approximately 12 acres) within the C-1 zoning districts outside of former Fort Ord near Canyon Del Rey (see Figure 4), which are suitable for the development of emergency shelters due to their
proximity to public transit lines, social services, and personal services.
To the extent that funds are available, the City will provide financial support to sponsor or assist emergency shelter facilities inside City limits or outside within a reasonable proximity to the City, as well as encourage or support
facilities by providing grants, or low-cost loans, to
operating agencies.
City Council
and Planning
Commission
Pursuant to Government Code Section 65583 subdivision (a) (4) (A), the City amended the Zoning Ordinance to permit year-round emergency shelters without discretionary action within the city limits in the C.1 zone.
Revised D.4 Program as shown in Section 7 to address updates to State Law.
Revised D.4
Program as
shown in Section
7. Program D.5 Develop written process for continued compliance with AB 101
The City shall continue to comply with the requirements of AB 101 and develop a written process to adhere to the
statutory requirements in accordance with state law. AB 101 requires a Low Barrier Navigation Center (LBNC) be a City Council,
Planning
Commission
6th Cycle moved program to D.6 and will add specific provisions to meet homelessness and special needs. The City progress on this program will be part of a comprehensive zoning amendment to address Programs D.4, D.5, D.6 and D7 addressing reducing barriers and increasing opportunities for special needs groups. Special needs groups include seniors, disabled, homeless and single, head of household families.
No change Part
of
comprehensive
zoning ordinance
amendments to
address special
353
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Appendix E
6t h Cycle Housing Element Assessment of Programs from 5t h Cycle Update City of Del Rey Oaks E-9 November 2023
Housing
Element
Programs
2019 Policy/Program Responsibili
ty
Progress and Evaluation
6th Cycle
Program
Revision or
Update
Provide adequate sites to build new housing units for all income levels and to meet the City’s fair share of housing needs. use by right in areas zoned for mixed use and
nonresidential zones permitting multifamily uses if it
meets specified requirements, including:
• Access to permanent housing.
• Use of a coordinated entry system (i.e., Homeless
Management Information System).
• Use of Housing First according to Welfare and
Institutions Code section 8255. (Gov. Code section
65662.)
A LBNC is defined as a Housing First, low barrier,
temporary, service-enriched shelter focused on helping
homeless individuals and families to quickly obtain
permanent housing. Low barrier includes best practices to reduce barriers to entry, such as allowing partners, pets, storage of personal items, and privacy. (Gov. Code section 65660).
The Zoning Ordinance comprehensive update is a tool that can be used to encourage the development of housing for extremely low income and special needs households (including persons with developmental disabilities). The City is committed to updating the ordinance by the end of 2025 and as part of the comprehensive update to address special needs groups and housing-related code amendments related to:
• Transitional and Supportive Housing
• Reasonable Accommodations
• Single-Room Occupancy (SRO)
• Employee Housing
• Low Barrier Navigation Center (LBNC)
needs and ELI;
identify actions
and timeframes
Conserve and improve the condition of the existing housing stock to ensure the safety, welfare, and affordability of residents.
Program E.1 Assist in Rehabilitating Housing
The City will investigate available low-interest loans, subsidies, and grants from federal and State agencies to provide rehabilitation funds. As funding becomes
available, the City shall provide grants and/or low interest, deferred, and/or forgivable loans for building code
violations, health and safety issues, essential repairs, upgrades of major component systems, and modifications
to accommodate disabilities. Rehabilitation funds will be available to low-income homeowners and to owners of
rental units that will rent to low-income households.
Subject to federal funding the City will look to assist an average of one to two households (ranging from singlefamily, multi-family, and mobile homes), dependent on need.
City Council
and City
Manager
The City conducted a windshield survey in October 2023 to survey all residential neighborhoods and residential buildings within the City to assess need for rehabilitation of homes and to assess if any violations of building codes were evident. The survey also reviewed buildings for signs of needed major repairs or known visible health and safety issues. The City Manager, Police Chief and Building Inspector were also contacted for any local knowledge of housing in need of rehabilitation or repair, or housing units with violations related to health and safety. There were no residential homes or areas of required rehabilitation based upon the survey and review conducted in 2023. Thus, no rehabilitation funds were needed to be made available to low-income homeowners and to owners of rental units that will rent to lowincome households to assist in rehabilitation of housing, There were no units projected to be conserved or rehabilitated during the planning period because the City did not have any at-risk units. However, quantified objectives are not limited to at-risk preservation, so this will be amended in 6th Cycle to address rehabilitation units. Conservation and rehabilitation conducted during the planning cycle includes the variety of Continue
program.
Modify to
include ELI in
objectives.
354
Item A.
Appendix E
6t h Cycle Housing Element Assessment of Programs from 5t h Cycle Update City of Del Rey Oaks E-10 November 2023
Housing
Element
Programs
2019 Policy/Program Responsibili
ty
Progress and Evaluation
6th Cycle
Program
Revision or
Update
Provide adequate sites to build new housing units for all income levels and to meet the City’s fair share of housing needs. strategies employed by the City to promote tenant stability, code enforcement and repair programs that conserve the housing stock. City continues code enforcement, however, there are no known areas where code violations pose a threat to life or safety.
Program E.2 Continue Code Enforcement
The City will continue to perform code enforcement for
areas or homes with building code violations posing life and/or safety to occupants and/or significant property
maintenance concerns. and ensure that such violations
are adequately abated. When violations are cited,
enforcement officers will provide a list of potential
funding sources to homeowners.
Police
Department
/Building
Inspector
The City continued ongoing code enforcement by reviewing building permits, reviewing and following up with any code enforcement complaints. The City continues code enforcement however, there are no known areas where code violations pose a threat to life or safety. Should there be a need, the City enforcement officers will work with City Managers and housing resource providers to provide a list of potential funding sources to homeowners..
Continue
program. Modify
to include ELI in
objectives if
needed per HCD
Program E.3 Energy Conservation and Energy Efficient Opportunities The City will promote subsidy and incentive programs for energy conservation available to residents. Some of these programs include PG&E’s rebates, Energy Watch
Partnerships, and Energy Savings Assistance Program;
CARE/FERA program, and the California FIRST program.
The City will promote these programs in their newsletter and on their website.
Police City Hall
Department
No action to date .
Chapter 6.0 in the 6th Cycle Housing Element identifies subsidies and programs for energy conservation. Also, in early 2021, the City began service with Central Coast Community Energy (3CE, formerly Monterey Bay Community Power (MBCP)), a cooperative Community Choice Aggregation (CCA) that provides energy from renewable sources to residents, businesses, and the City. During this process, the City conducted outreach to the community to better understand 3CE programs. 3CE provides carbon-free electricity to residents and businesses.
Continue
program.
355
Item A.
Appendix F - City of Del Rey Oaks Housing Element Update Final Environmental Impact Report
Materials
356
Item A.
This Page IntenƟonally LeŌ Blank
357
Item A.
Appendix F-1
Final EIR Mitigation Monitoring and Reporting Program
358
Item A.
Appendix A
Final EIR Mitigation Monitoring and Reporting Program
359
Item A.
October 2023 A-1 Housing Element Update
City of Del Rey Oaks Final EIR
APPENDIX A
Mitigation Monitoring and Reporting Program
The California Environmental Quality Act (CEQA) and CEQA Guidelines (PRC Section 21081.6 and State CEQA Guidelines Sections 15091[d] and 15097) require Lead Agencies to adopt a program for monitoring the mitigation measures required to avoid the significant environmental impacts of a project. The Mitigation Monitoring and Reporting Program (MMRP) ensures that mitigation measures imposed by the District are completed at the appropriate time, specific to the future connection process. The mitigation measures identified in the Draft EIR are listed in the MMRP along with the party responsible for monitoring implementation of the mitigation measure, the milestones for implementation and monitoring, and confirmation the mitigation measure has been implemented. The following mitigation measures are specific to the City of Del Rey Oaks 2023 Cycle Housing Element Update Environmental Impact Report (EIR) project.
Impacts Mitigation Measures Implementation
Responsibility
Required
Timing
Compliance
Monitoring
Air Quality
Impact AQ-2:
Criteria Pollutant
Emissions
Mitigation Measure 3.3-1: Prior to start of construction, the project applicant or contractor shall submit a construction dust mitigation plan to the City of Del Rey Oaks for review and approval. This plan shall specify the methods of dust control that would be utilized, demonstrate the availability of needed equipment and personnel, use reclaimed water for dust control, and identify a responsible individual who, if needed, can authorize implementation of additional measures. The construction dust mitigation plan shall, at a minimum, include the following measures:
• Limit grading activity to a maximum of 2.2 acres daily. • Water all active construction areas at least three times daily and more often during windy periods. Active areas adjacent to existing businesses should be kept damp at all times. If necessary, during windy periods, watering is to occur on all days of the week regardless of onsite activities.
• Cover all trucks hauling trucks or maintain at least two feet of freeboard.
Project
Applicant or
Construction
Contractor
Prior to start
of construction
City of Del
Rey Oaks
360
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Impacts Mitigation Measures Implementation
Responsibility
Required
Timing
Compliance
Monitoring
• Pave, apply water three times daily, or apply (non-toxic) soil stabilizers on all unpaved access roads, parking areas and staging areas at construction sites.
• Sweep daily all paved access roads, parking areas and staging areas at construction sites.
• Sweep streets daily if visible soil material is deposited onto the adjacent roads.
• Hydroseed or apply (non-toxic) soil stabilizers to inactive construction areas (previously graded areas inactive for ten days or more).
• Enclose, cover, water three times daily or apply (non-toxic) soil binders to exposed stockpiles.
• Limit traffic speeds on unpaved roads to 15 mph.
• Replant vegetation in disturbed areas as quickly as possible. • Suspend excavation and grading activity when hourly-average winds exceed 15 mph and visible dust clouds cannot be
contained within the site.
Biological Resources
Impact BIO-1:
Special-Status
Species.
Impact BIO-5:
Adopted Habitat
Conservation Plans.
Mitigation Measure 3.4-1: Project Specific Biological Assessments (HMP Species). The City shall require that a biological survey of development sites be conducted by a qualified biologist to determine if the development could potentially impact HMP species of potential habitat. A report describing the results of the surveys will be provided to the City prior to any ground disturbing activities. The report will include, but not be limited to: 1) a description of the biological conditions at the site; 2) identification of the potential for HMP species to occur or HMP species observed, if any; and 3) maps of the locations of HMP species or potential habitat, if observed.
Project
Applicant,
Qualified
Biologist
Prior to ground
disturbing
activities
Project
Applicant shall
retain qualified
biologist to
perform
biological
survey(s) prior
City of Del
Rey Oaks,
Project
Applicant,
Qualified
Biologist
361
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Impacts Mitigation Measures Implementation
Responsibility
Required
Timing
Compliance
Monitoring
If HMP species that do not require take authorization from the USFWS or CDFW are identified within the development site, salvage efforts for these species will be evaluated by a qualified biologist in coordination with the City’s consulting biologist to further reduce impacts per the requirements of the HMP and BO. Where salvage is determined feasible and proposed, seed collection should occur from plants within the development site and/or topsoil should be salvaged within occupied areas to be disturbed. Seeds should be collected during the appropriate time of year for each species by qualified biologists. The collected seeds and topsoil should be used to revegetate temporarily disturbed construction areas and reseeding and restoration efforts on- or off-site, as determined appropriate by the qualified biologist and the City.
If HMP species that require take authorization from the USFWS and/or CDFW are identified within the development site, the City will ensure that developers comply with ESA and CESA and obtain necessary permits prior to construction.
Mitigation Measure 3.4-2: Project-Specific Biological Assessments (Non-HMP Species). The City shall require that a biological survey of development sites be conducted by a qualified biologist to determine if the development could potentially impact a special-status species or their habitat. A report describing the results of the surveys will be provided to the City prior to any ground disturbing activities. The report will include, but not be limited to: 1) a description of the biological conditions at the site; 2) an search of relevant resources to generate an updated list of special-status species known within the project vicinity; 3) identification of the potential for special-status species to occur or special-status species observed, if any; 4) maps of the locations of special-status species or potential habitat, if observed; and 5) recommended mitigation measures, if applicable.
to ground
disturbance
activities.
362
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Impacts Mitigation Measures Implementation
Responsibility
Required
Timing
Compliance
Monitoring
If special-status species are determined not to occur at the development site, no additional mitigation is necessary.
If special-status species are observed or determined to have the potential to occur, the project biologist shall recommend measures necessary to avoid, minimize, and/or compensate for identified impacts.
Measures may include, but are not limited to, revisions to the project design and project modifications, pre-construction surveys, construction buffers, construction best management practices, monitoring, nonnative species control, restoration and preservation, and salvage and relocation.
If species that require take authorization from the USFWS and/or CDFW are identified within the development site, the City will comply with ESA and CESA and obtain necessary permits prior to construction.
Mitigation Measure 3.4-3: Pre-Construction Surveys for Protected Avian Species. Construction activities that may directly (e.g., vegetation removal) or indirectly (e.g., noise/ground disturbance) affect protected nesting avian species will be timed to avoid the breeding and nesting season. Specifically, vegetation and/or tree removal can be scheduled after August 31 and before January 31. Alternatively, a qualified biologist will be retained by the City to conduct pre-construction surveys for nesting raptors and other protected avian species within 500 feet of proposed construction activities if construction occurs between February 1 and August 31. Pre-construction surveys will be conducted no more than 14 days prior to the start of construction activities during the early part of the breeding season (February through April) and no more than 30 days prior to the initiation of these activities during the late part of the breeding season (May through August). Because some bird species 363
Item A.
October 2023 A-5 Housing Element Update
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Impacts Mitigation Measures Implementation
Responsibility
Required
Timing
Compliance
Monitoring
nest early in spring and others nest later in summer, surveys for nesting birds may be required to continue during construction to address new arrivals, and because some species breed multiple times in a season. The necessity and timing of these continued surveys will be determined by the qualified biologist based on review of the final construction plans and in coordination with the USFWS and CDFW, as needed.
If raptors or other protected avian species nests are identified during the pre-construction surveys, the qualified biologist will notify the City and an appropriate no-disturbance buffer will be imposed within which no construction activities or disturbance shall take place (generally 500 feet in all directions for raptors; other avian species may have speciesspecific requirements) until the young of the year have fledged and are no longer reliant upon the nest or parental care for survival, as determined by a qualified biologist.
Mitigation Measure 3.4-4: Implement Open Space Requirements. For open space areas adjacent to the project area, the following measures shall be implemented:
Conduct an access assessment to identify necessary access controls. In some cases, structures including fences or other appropriate barriers may be required within the future development to control access into the habitat areas. An assessment of access issues and necessary controls will be completed as part of planning for the development and submitted to the City for review and approval, prior to development.
Signs, interpretive displays, trailhead markers, or other information will be installed and maintained at identified urban/wildland interface that illustrate the importance of the adjacent habitat area and prohibit trespass, motor vehicle entry, dumping of trash or yard 364
Item A.
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Impacts Mitigation Measures Implementation
Responsibility
Required
Timing
Compliance
Monitoring
wastes, pets off-leash, capture or harassment of wildlife, impacts to special-status species, and other unauthorized activities. Incorporate non-native species control features into site design.
Detention ponds or other water features associated with future development will be sited as far from the urban/wildland interface as possible. Suitable barriers will be located between these features and the habitat area boundary to prevent these features from becoming “sinks” for special-status wildlife species, as well as sources for invasive non-natives that could then move into the adjacent habitat area.
If detention ponds or other waterbodies must be located at the urban/wildland interface, a specific management program addressing control of non-native animals (e.g., bullfrogs) must be prepared and submitted for review and approval by the City, prior to development.
Landscaping within the areas adjacent to open space areas will consist of native or non-native plant species that will not colonize reserve areas in the former Fort Ord outside the project area. Any landscaping or replanting required for the project will not use species listed as noxious by the California Department of Food and Agriculture (CDFA). All landscape plans will be reviewed by the City. Limit artificial lighting at the urban/wildland interface. Outdoor lighting associated with future development will be low intensity, focused, and directional to preclude night illumination of the adjacent habitat area. Outdoor lighting will be placed as far from the urban/wildland interface as possible given safety constraints. Highintensity lighting facing the habitat areas will be directional and as low to the ground as possible to minimize long distance glare. Develop and implement erosion control measures to prevent sediment transport into and within habitat areas. Erosion control measures will be required where vegetation removal or soil 365
Item A.
October 2023 A-7 Housing Element Update
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Impacts Mitigation Measures Implementation
Responsibility
Required
Timing
Compliance
Monitoring
disturbance occurs as a result of all construction and maintenance, including trail, road, or fuelbreak construction/maintenance, access controls, or stormwater management, consistent with existing stormwater management plans. Specific measures to be
implemented shall be detailed in an erosion control plan. The erosion control plan will include, at a minimum, the following measures.
o Re-contour eroded areas.
o Maintain and grade areas along the reserve perimeter and main roads as appropriate to avoid washouts. Gullies will be repaired as needed.
o Install drainage features such as outlet ditches, rolling dips (similar to waterbars), and berms as needed to facilitate the proper drainage of storm runoff.
o Add soil amendments such as fertilizers and gypsum for designated development areas only.
o Prevent sediments from entering basins or swales that could be used by HMP species during erosion control activities.
o Design and conduct erosion control measures to minimize the footprint of the structures and repairs, and design structures to minimize potential impacts on California tiger salamander and California red-legged frog that may be moving between
breeding and upland habitats.
o Use weed-free mulch, weed-free rice, sterile barley straw, or other similar functioning product where needed for erosion control. Seed native plant species to stabilize soils disturbed by erosion control activities and prevent colonization by invasive weeds. Incorporate native plant species to the extent
practicable.
Mitigation Measure 3.4-6: Potential Impacts to Western Bumble Bee* 366
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Impacts Mitigation Measures Implementation
Responsibility
Required
Timing
Compliance
Monitoring
3.4-6A A qualified biologist shall determine if suitable habitat is present within the Project site. If suitable habitat is present, a qualified biologist shall conduct focused surveys for WBB and their requisite habitat features to evaluate potential impacts resulting from ground- and vegetation-disturbance associated with the Project.
3.4-6B If surveys cannot be completed, all small mammal burrows and thatched/bunch grasses shall be avoided by a minimum of 50 feet to avoid and minimize take and potentially significant impacts any detection of WBB prior to or during Project implementation warrants consultation with CDFW to discuss how to avoid take, or if take cannot be avoided, what take authorization may be necessary to comply with CESA.
*Special Status Wildlife Species – Western Bumble Bee: WBB was once common throughout most of California. Potential impacts to WBB were analyzed in the Draft EIR. The Draft EIR determined that WBB was unlikely to occur within the survey area and be impacted by the project.
However, based on consultation with CDFW, the CDFW suggested a higher level be identified in the EIR regarding the WBB due to the more recent listing of WBB and that potential ground-disturbing activities associated with future development have the potential to impact WBB and the EIR should identify specific avoidance and minimization measures. These are listed above
Impact BIO-2:
Riparian and
Wetland Habitat.
Mitigation Measure 3.4-5: Project-Specific Sensitive Natural Community Assessments. The City shall require that any development that could potentially impact a sensitive natural community shall be required to conduct a survey of the site by a qualified biologist. A report describing the results of the survey will be provided to the City prior to any ground disturbing activities. The report will include, but is not Project
Applicant,
Qualified
Biologist
Prior to ground
disturbing
activities, prior
to
construction.
City of Del
Rey Oaks,
Project
Applicant,
Qualified
Biologist
367
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Impacts Mitigation Measures Implementation
Responsibility
Required
Timing
Compliance
Monitoring
limited to: 1) a description of the biological conditions at the site; 2) identification of the potential for sensitive habitats or sensitive habitats observed, if any; 3) maps of the locations of sensitive habitats or potential sensitive habitat, if observed; and 4) recommended avoidance and minimization measures, if applicable. If a potential state or federally protected wetland or other are identified to be present on the site, a formal wetland delineation will be conducted in accordance to ACOE methodology.
If a proposed development cannot avoid impacts to sensitive habitat areas, the City shall require a compensatory habitat-based mitigation to reduce impacts. Compensatory mitigation must involve the preservation, restoration, or purchase of off-site mitigation credits for impacts to sensitive habitats. Mitigation must be conducted in-kind or within an approved mitigation bank in the region. The specific mitigation ratio for habitat-based mitigation will be determined through consultation with the appropriate agency (i.e., CDFW, ACOE, or SWRCB) on a project-byproject basis.
Impacts to sensitive habitats, including but not limited to, vernal pools, streambeds, waterways, or riparian habitat, protected under Section 1600 of Fish and Wildlife Code and Sections 401 and 404 of the CWA, require regulatory permitting to reduce impacts. Acquisition of permits and implementation of the approved mitigation strategy would ensure impacts are fully mitigated and “no net loss” of wetland habitat would occur.
Project
Applicant shall
retain qualified
biologist to
perform
biological
survey(s) prior
to ground
disturbance
activities.
Cultural and Tribal Resources
Impact CTR-2:
Archaeological
Resources.
Mitigation Measure 3.5-1: The following measures would be implemented in the event of an unanticipated discovery of cultural resources:
Construction
Contractor,
Qualified
During
construction
Construction
Contractor,
Qualified
368
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Impacts Mitigation Measures Implementation
Responsibility
Required
Timing
Compliance
Monitoring
Impact CTR-4: Tribal
Cultural Resources.1
a. If subsurface deposits believed to be cultural or human in origin are discovered during construction, then all work must halt within a 100-foot radius of the discovery. A qualified professional archaeologist, meeting the Secretary of the Interior’s Professional Qualification Standards for prehistoric and historic archaeologist, shall be retained to evaluate the significance of the find, and shall have the authority to modify the no-work radius as appropriate, using professional judgement. A Native American monitor, following the Guidelines for Monitors/Consultants of Native American Cultural, Religious, and Burial Sites established by the Native American Heritage Commission, shall be required if the nature of the unanticipated discovery is prehistoric.
Work cannot continue within the no-work radius until the archaeologist conducts sufficient research and data collection to make a determination that the resource is either: 1) not cultural in origin; or 2) not potentially significant or eligible for listing on the NRHP or CRHR.
b. If a potentially eligible resource is encountered, then the archaeologist and lead agency shall arrange for either: 1) total avoidance of the resource, if possible; or 2) test excavations to evaluate eligibility.
If found to be eligible for either the NRHP or CRHR, then significant impacts would be resolved/mitigated through data recovery excavations to the extent of obtaining enough information to address applicable research questions.
If data recovery is necessary, a data recovery plan will be prepared, reviewed by the lead agency, and implemented. Determinations of Archaeologist
Monitor
Contractor or
assigned
Monitor shall
be responsible
for reporting
compliance to
the City of Del
Rey Oaks and
County
Coroner
Archaeologis
t Monitor,
City of Del
Rey Oaks
1 see also Mitigation Measure 3.5-3
369
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October 2023 A-11 Housing Element Update
City of Del Rey Oaks Final EIR
Impacts Mitigation Measures Implementation
Responsibility
Required
Timing
Compliance
Monitoring
eligibility and completion of data recovery (if necessary) shall be formally documented in writing and submitted to the lead agency as verification that the provisions in CEQA for managing unanticipated discoveries have been met.
Mitigation Measure 3.5-2: Worker Awareness Training will be developed and conducted prior to any construction operations for development within the portion of the project area within former Fort Ord. The training program will inform crew members of the potential for archaeological finds and the protocols to be followed in the event of the discovery of archaeological materials. The program will be presented by a Professional Archaeologist and include an ALERT Sheet with visual aids with a focus on archaeological objects and other cultural materials that could be present within the project area. The training will also provide protocols in the event of an unexpected discovery and points of contact in the event of an unexpected find including Native American burials.
The training will include a briefing to supervisory construction personnel and “tailgate” training to field personnel.
Impact CTR-3:
Disturbance of
Human Remains
Mitigation Measure 3.5-3: In the event that evidence of human remains is discovered, construction activities within 100 meters of the discovery shall be halted or diverted and the requirements of Mitigation Measure
3.5-1 will be implemented. In addition, the County Coroner shall be notified in accordance with provisions of PRC Sections 5097.98-99. If the Coroner recognizes the human remains to be those of a Native American, or has reason to believe that they are those of a Native American, the Coroner shall ensure that notification is provided to the NAHC within twenty-four hours of the determination, as required by California Health and Safety Code Section 7050.5(c) and PRC 5097. The NAHC shall identify the person or persons it believes to be most likely descended (MLD) from the deceased Native American (PRC Section Construction
Contractor,
Qualified
Archaeologist
Monitor
During
construction,
Contractor or
assigned
Monitor shall
be responsible
for reporting
compliance to
the City of Del
Rey Oaks and
County
Construction
Contractor,
Qualified
Archaeologis
t
Monitor, City
of
Del Rey
Oaks
370
Item A.
October 2023 A-12 Housing Element Update
City of Del Rey Oaks Final EIR
Impacts Mitigation Measures Implementation
Responsibility
Required
Timing
Compliance
Monitoring
5097.98). The designated MLD then has 48 hours from the time access to the property is granted to make recommendations concerning treatment of the remains (AB 2641). If the landowner does not agree with the recommendations of the MLD, the NAHC can mediate (Section 5097.94 of the Public Resources Code). If no agreement is reached, the landowner must rebury the remains where they will not be further disturbed (Section 5097.98 of the Public Resources Code). This will also include either recording the site with the NAHC or the appropriate Information Center; using an open space or conservation zoning designation or easement; or recording a document with the county in which the property is located (AB 2641).
Coroner and
NAHC?
Geology and Soils
Impact GEO-1:
Seismic Hazards
Mitigation Measure 3.7-1: To minimize the potential effects from strong seismic ground shaking on project components, a geotechnical engineer report shall be prepared for the site specific area of future construction of housing. At a minimum, all recommendations from the project’s Preliminary Geotechnical Design Report prepared by LFR Inc. (November 2007) shall be incorporated by the project proponent into final design plans for future construction, subject to review of the City Engineer prior to construction activities.
Mitigation Measure 3.7-2: In order to minimize strong seismic shaking on project components, the project proponent shall incorporate the recommendations of the Preliminary Geotechnical Design Report prepared by LFR Inc. (November 2007) into project design. In addition, the project engineer shall ensure all structures will be designed to the most current standards of the California Building Code, at a minimum.
Adherence into final design plans shall be reviewed by the City Engineer prior to future construction activities.
City Engineer,
Project
Applicant,
Construction
Contractor
Prior to
approval of
final design
plans
City
Engineer,
Project
Applicant,
Construction
Contractor
371
Item A.
October 2023 A-13 Housing Element Update
City of Del Rey Oaks Final EIR
Impacts Mitigation Measures Implementation
Responsibility
Required
Timing
Compliance
Monitoring
Mitigation Measure 3.7-3: Future development projects shall be required to prepare geologic/geotechnical investigations by a registered geologist/geotechnical engineer to provide recommendations and requirements for site preparation and grading, excavations, utility trench excavation and backfill, site drainage, building foundations, pavements, and concrete slabs-on-grade. All recommendations from the site-specific report shall be incorporated by the project proponent into final design plans for future construction, subject to review of the City Engineer prior to construction activities.
Impact GEO-2: Soil
Erosion.
Mitigation Measure 3.7-4: In order to reduce wind and water erosion, an erosion control plan and/or Storm Water Pollution Prevention Plan shall be prepared for the site preparation, construction, and postconstruction periods by the project proponent. The erosion control plan shall incorporate best management practices consistent with the requirements of the National Pollution Discharge Elimination System (NPDES). The following measures shall be implemented, where appropriate, to control erosion:
1) keep construction machinery off of established vegetation as much as possible, especially the vegetation on the upwind side of the construction site;
2) establish specific access routes at the planning phase of the project, and limits of grading prior to development, which should be strictly observed;
3) utilize mechanical measures (i.e. walls from sand bags and/or wooden slat or fabric fences) to reduce sand movement;
4) immediate revegetation (plus the use of temporary stabilizing sprays), to keep sand movement to a minimum; and
5) for larger-scale construction, fabric or wooden slat fences should be placed around the construction location to reduce sand movement.
City Engineer,
Project
Applicant,
Construction
Contractor,
Landscape
Architect
Prior to
approval of
final design
plans
City
Engineer,
Project
Applicant,
Construction
Contractor
372
Item A.
October 2023 A-14 Housing Element Update
City of Del Rey Oaks Final EIR
Impacts Mitigation Measures Implementation
Responsibility
Required
Timing
Compliance
Monitoring
The erosion control plan and Storm Water Pollution Prevention Plan shall be incorporated into final design plans by the project proponent and submitted to the City Engineer for approval prior to approval of final design plans.
Mitigation Measure 3.7-5: Areas disturbed by grading shall be stabilized with adequate landscaping vegetative cover. A re-vegetation and landscaping plan shall be prepared by a landscape architect with experience in working with the type of soils that are characteristic of the site. The project proponent shall be responsible for retaining a landscape professional and for incorporating the landscaping plan into final design plans.
Mitigation Measure 3.7-6: All drainage from improved surfaces shall be captured by closed pipe or lined ditches and carried to neighborhood storm sewers or natural drainages. At no time shall any concentrated discharge be allowed to spill directly onto the ground adjacent to structures or to fall directly onto steep slopes.
Impact GEO-4:
Expansive Soil.
Mitigation Measure 3.7-7: In order to minimize potential safety risks associated with seismic hazards and on-site soils, a design-level geotechnical analysis by a registered engineer shall be prepared prior to the issuance of any grading and/or building permit. The design-level analysis shall address site preparation measures and foundation design requirements appropriate for on-site soils. The design-level analysis shall be approved by the City of Del Rey Oaks Engineer and Consulting Building Inspector prior to the issuance of any grading and/or building permit. Final design-level project plans shall be designed in accordance with the approved geotechnical analysis.
City Engineer,
Building
Inspector,
Project
Applicant
Prior to
issuance of any
grading and/or
building
permit
City
Engineer,
Project
Applicant,
Construction
Contractor
373
Item A.
October 2023 A-15 Housing Element Update
City of Del Rey Oaks Final EIR
Impacts Mitigation Measures Implementation
Responsibility
Required
Timing
Compliance
Monitoring
Hazards and Hazardous Materials
Impact HAZ-1:
Routine Transport,
Use, or Disposal of
Hazardous
Materials.
Impact HAZ-4:
Hazardous
Materials Site.
Mitigation Measure 3.9-1: Prior to approval of residential development plans on the project area, environmental agencies, including the Army, and the state lead regulatory agency, DTSC, shall confirm that the clearances to be conducted and those conducted to date together with approved remedial actions, as required, will be sufficient to allow the Former Fort Ord site to be developed for residential reuse.
Residential use for the specified areas identified herein will be prohibited until the landowner provides advance notification to the Army, EPA, and DTSC of its intent to change a designated area’s use to residential, and until DTSC concurs that residential use is appropriate.
DTSC’s evaluation may consider the Residential Protocol or further site evaluation incorporating new information (e.g., geophysical mapping, site development).
Environmental
agencies
(including
Army, EPA and
DTSC), City of
Del Rey Oaks
Prior to
approval of
final plans
Environment
al
agencies
(including
Army,
EPA and
DTSC)
Hydrology and Water Quality
Impact HYD-1:
Surface Water
Quality Standards
and Waste
Discharge
Requirements,
Alteration of
Stormwater
Drainage Pattern,
and Conflicting or
Obstructing with
Plans.
Mitigation Measure 3.10-1: Prior to construction, further analysis shall be completed to confirm that proposed drainage facilities such as storm drains, pipes and future engineered drainage basins to retain or detain waters, (such as retention basins/detention basins) have the capacity to contain runoff from a 100-year storm event, subject to the review and approval of the City Consulting Engineer. Project
Applicant, City
Engineer
Prior to
issuance of a
grading permit
City Engineer
374
Item A.
October 2023 A-16 Housing Element Update
City of Del Rey Oaks Final EIR
Impacts Mitigation Measures Implementation
Responsibility
Required
Timing
Compliance
Monitoring
Transportation
Impact TR-2:
Vehicle Miles
Travelled.
Mitigation Measure 3.16-1: Future development projects shall maintain bicycle, pedestrian, and public transit access during construction and provide bicycle storage facilities at all residential developments. All future development would be subject to and implement City guidelines and General Plan policies applicable to transit, bicycle, and pedestrian facilities. Specifically, any modifications or new transit, bicycle, and pedestrian facilities would be subject to and designed in accordance with all applicable General Plan policies.
Project
Applicant
Prior to
approval of
final project
plans.
City of Del
Rey Oaks,
Project
Applicant
375
Item A.
Appendix F-2
Additional Mapping EIR
376
Item A.
Site 1
Site 1a
Updated Available Land InventoryWK&\FOH8SGDWHCity of DeO Rel 5H\Oaks 1 in = 1,000 ft /16/2023 ¯
Path: D:\GIS\GIS_Projects\9614\Final Products\Housing Element IS\6th Cycle\Fig 4 - Available Land Inventory.mxd Scale Date Denise Duffy & Associates, Inc. Planning and Environmental Consulting Figure 0 1,000 2,000 Feet Del Rey Oaks Parcels
Sites 1DQG1a Former
Fort Ord Property (WK&\FOH)
377
Item A.
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_
Projects\9614\Final Products\Housing Element EIR\Project Area Map2.mxd
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5thand6thCycleLandInventory
FormerFortOrdProjectArea
Scale
Date
11-07-2023
1in=0.1mi
Figure
2-6
DeniseDuffyandAssociates,Inc.
PlanningandEnvironmentalConsulting
South Boundary
Road
General Jim Moore Blvd Canyon Del Rey Blvd
LandInventorySites
5thCycle
Sites1and1a(20235thCycleUpdate)
6thCycle
Sites1and1afrom20235thCycleUpdateand
additionalCandidateSites(K1andK2)
378
Item A.
Site 1
Additional
Candidate Site
K1 (6th Cycle)
Additional
Candidate Site
K2 (6th Cycle)
Site 1a
Pond 32
(Quarry Pond)
Pond 46
Pond 71
Frog Pond
Fort Ord BoundaryProject SiteFormer Fort Ord Ponds
National Wetlands Inventory
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08-03-2013
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Figure
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General Jim Moore Blvd
Canyon Del Rey Blvd
379
Item A.
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Item A.
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Item A.
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Planning and Environmental Consulting
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N/A Source:0RQWHUH\&RXQW\$LUSRUW/DQG8VH&RPLVVLRQ 383 Item A.
Appendix F-3
EIR Alternatives
384
Item A.
Chapter 5. Alternatives
August 2023 5-1 Housing Element Update
City of Del Rey Oaks Draft EIR
CHAPTER 5 ALTERNATIVES
5.1 INTRODUCTION
This chapter identifies feasible alternatives to the proposed project that may attain some of the project objectives. This chapter also discusses whether these alternatives could avoid or lessen significant environmental impacts identified in this document. In addition, the No Project Alternative is discussed. This chapter also identifies the environmentally superior alternative.
5.2 BACKGROUND
According to CEQA, an EIR must describe a reasonable range of alternatives to a proposed project that could feasibly attain most of the basic project objectives and would avoid or substantially lessen any of the proposed project’s significant effects. Additionally, a “No Project” alternative must be analyzed. An EIR must evaluate the comparative merits of the alternatives compared to the proposed project and identify an environmentally superior alternative.
The range of alternatives in an EIR is governed by a “rule of reason” that requires an EIR to set forth only those alternatives necessary to permit a reasonable choice. An EIR need not consider every conceivable alternative to a project. Rather, the alternatives must be limited to ones that meet the project objectives, are feasible, and would avoid or substantially lessen at least one of the significant environmental effects of the project. To be considered “feasible”, a proposed alternative must be capable of being accomplished in a successful manner within a reasonable period of time, while taking into account economic, environmental, legal, social and technological factors.
An EIR must briefly describe the rationale for selection and rejection of alternatives and the information the Lead Agency relied on when making the selection. It also should identify any alternatives considered, but rejected as infeasible by the lead agency during the scoping process and briefly explain the reasons for the exclusion. Alternatives may be eliminated from detailed consideration in the EIR if they fail to meet most of the project objectives, are infeasible, or do not avoid any significant environmental effects.
5.3 PROJECT OBJECTIVES
As discussed in Chapter 2, Project Description, the Housing Element contains goals and policies to meet RHNA and State Law. The goals for the City’s adopted Housing Element Update are identified below:
Goal A: The City Will Provide Adequate Sites to Build New Housing Units for All Income Levels and to Meet the City’s Fair Share of Housing Needs;
Goal B: The City Will Encourage the Provision of a Wide Range of Housing by Location, Type of Unit, and Price to Meet the Existing and Future Housing Needs in the City; Goal C: The City Will Work to Remove Governmental and Non-Governmental Constraints to Housing Development;
Goal D: The City Will Promote Equal Housing Opportunities for All Persons; and, Goal E: The City Will Continue to Conserve and Improve the Condition of the Existing Housing Stock to Ensure the Safety, Welfare, and Affordability of Residents. 385
Item A.
Chapter 5. Alternatives
August 2023 5-2 Housing Element Update
City of Del Rey Oaks Draft EIR
Per the Housing Element Update for both 5th and 6th Cycle, as identified in Chapter 2, Project Description, the following objectives for the Housing Element Update are identified below:
Maintain and improve a range of housing opportunities to address the existing and projected needs of the community;
Maintain and improve existing neighborhoods and housing; Promote the development of housing to meet the needs of all segments of the population; and Continue to ensure that all segments of the community have access to safe and decent housing that meets their special needs.
The City has also identified the following objectives of the proposed project:
Adopt 5th Cycle Housing Element and complete rezoning actions necessary for an HCD compliant Housing Element by December 15, 2023.
Meet the State required Regional Housing Needs Assessment (RHNA) allocation for the 5th Cycle and 6th Cycle Housing Element Updates by identifying housing sites with a collective capacity to meet the City’s combined 5th and 6th Cycle RHNA.
5.4 PROJECT ALTERNATIVES CONSIDERED BUT REJECTED
An EIR must briefly describe the ra�onale for selec�on and rejec�on of alterna�ves. The Lead Agency may make an ini�al determina�on as to which alterna�ves are poten�ally feasible and, therefore, merit in-depth considera�on, and which are clearly infeasible. Alterna�ves that are remote or specula�ve, or the effects of which cannot be reasonably predicted, need not be considered (CEQA Guidelines, Sec�on 15126.6(f)(3)).
This sec�on iden�fies alterna�ves considered by the Lead Agency, but rejected as infeasible, and provides a brief explana�on of the reasons for their exclusion. As noted above, alterna�ves may be eliminated from detailed considera�on in the EIR if they fail to meet most of the project objec�ves, are infeasible, or do not avoid any significant environmental effects (CEQA Guidelines, Sec�on 15126.6(c)).
CEQA Guidelines Sec�on 15126.6(f)(2) also require examina�on of an alterna�ve loca�on for a project if such loca�ons would result in the avoidance of or lessening of significant impacts.
5.4.1 Alternatives Eliminated from Further Consideration The City evaluated various poten�al loca�ons for affordable housing to meet RHNA unit requirements during the process of adop�ng the 2019 Housing Element Update. HCD reviewed the December 2019 adopted Housing Element Update and directed the City to the former Fort Ord area as the most suitable site for future development required to meet the City’s RHNA goals for the 5th Cycle. HCD’s review leter on the 2019 Housing Element specified former Fort Ord Sites 1 and 1a as appropriate for mee�ng RHNA.
During the 2023 5th Cycle Housing Element Update, the City addressed suitability of sites for 5th Cycle. The City determined Sites 2 and 3 were not available for affordable housing due to environmental constraints, limited area for development, land use and deed restric�ons, water availability within the planning period and access issues that would require large investments to address. Development on Site 2 is constrained by available road access, steep terrain, and natural resources including wetlands and oak tree canopy.
Environmental constraints for Site 3 include wetlands in major por�ons of the property and restric�ons due to the proximity of creek and riparian corridor. Site 3 is also deed-restricted and may not be available for 386
Item A.
Chapter 5. Alternatives
August 2023 5-3 Housing Element Update
City of Del Rey Oaks Draft EIR
residen�al development. Addi�onally, water is not currently available under the City’s alloca�on from the MPWMD areas within the CalAm service for Sites 2 and 3. 1 Although the City is promo�ng the use of ADU’s within the Dra� 6th Cycle Housing Element Update, during the 5th Cycle, HCD determined that the City did not have the required history of ADU development to support using ADU’s for achieving RHNA in the 5th Cycle.
Therefore, water, infrastructure, environmental, regulatory and land use restric�ons restrict use of the proper�es within the majority of the City (i.e. all proper�es within MPWMD boundaries). Thus, Sites 2 and 3 and the loca�on of ADU’s under Site 4 on Figure 5-1, these alterna�ves were rejected as alterna�ve loca�ons capable of mee�ng the objec�ves of the proposed project during the 5th Cycle review. Sites 2 and 3 would also increase the impacts related to development on wetlands and have a greater impact to biological resources. Thus, under CEQA Guidelines Sec�on 15126.6(f)(2) these alterna�ves for the proposed project would not result in the avoidance of or lessening of significant impacts.
5.5 CEQA ALTERNATIVES CONSIDERED
The following provides an overview of project alternatives, description and analysis of CEQA project alternatives, and discussion of environmentally superior alternative.
Included in this analysis are three alternatives, including the CEQA-required “no project” alternative.
Alternatives have been developed to provide a reasonable range of feasible options to consider that would help decision makers and the public understand the general implications of revising or eliminating certain components of the proposed project.
The following alternatives are evaluated in this EIR:
Alternative 1a: No Project - No Action2
Alternative 1b: No Project - No Rezoning
Alternative 2: No Development in Former Fort Ord
Alternative 3: Combined Sites in Former Fort Ord and in City to Meet RHNA Table 5-1 provides an overview of summary of impacts for the proposed project and each of the alternatives. The following provides a summary project description of the alternatives and an analysis of their potential environmental impacts.
1 The MPWMD has a stringent allocation program that prohibits the addition of new unit fixtures or new units without an available City allocation for such expansion of uses or fixtures. The City does not have any remaining water allocation for the development and construction of residential units or accessory units within the City, other than the former Fort Ord area (Sites 1 and 1a), which is outside of MPWMD’s jurisdiction. The entire City, outside of former Fort Ord, is under a moratorium on new water connections until additional water allocation from MPWMD is available to the City. 2 The No Project/”No Action” alternative is not evaluated for each impact area as no action would take place, and no impacts of future development in the City to provide affordable housing would occur. All impacts related to indirect impacts of future development would be reduced in comparison to the proposed project. This alternative also would not meet any of the objectives for the proposed project.
387
Item A.
DENISE DUFFY&ASSOCIATES, INC. Figure
Quendale Avenue PortolaDrive
Rosita Road
Paloma Road
Via Verde
Work Avenue
Los Encinos Drive
Del Re y G a rdens Drive
Canyon Del Rey Road
Carlton Drive
Ang elus Way
Saucito Avenue
Del Rey Oaks ParcelsSite 1/1A Former Fort Ord Property (Vacant)Site 2 Former Approved Hotel Site (Vacant)Site 3 Existing Commercial and Open SpaceSite 4 Existing Developed Residential LotsSite 4 Existing Developed Non-Vacant Commercial 0 0.25 0.5
Miles
0 0.25 0.5
Del Rey Oaks ^` Kilometers
I
Site 3
23.5 Acres
012-551-006
Public/City Parkland in Use
as a Tennis Court, OpenSpace, and Commercial
(Over 8,000 Sq. Ft. Minimum Lot Size)
Lots (Over 8,000 Sq. Ft. Minimum Lot Size)
Site 4
M neous Lots with Potential for
Accessory Dwelling Units
City
(Partially Developed)
Del Rey Oaks ParcelsSite 1/1a Former Fort Ord Property (Vacant)Site 2 Former Approved Hotel Site (Vacant)Site 3 Existing Commercial and Open SpaceSite 4 Existing Developed Large Residential LotsSite 4 Existing Developed Non-Vacant Commercial 0 0.25 0.5
Miles
0 0.25 0.5
Del Rey Oaks ^` Kilometers
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Item A.
Chapter 5. Alternatives
August 2023 5-5 Housing Element Update
City of Del Rey Oaks Draft EIR
Table 5-1. Impact Comparison of Alternatives
Area of Impact Impact under Proposed
Project
Alternative
1b3:
No
Project
(No Rezoning)
Alternative 2:
No Rezoning in
Former Fort Ord
Alternative 3:
Areas in Former
Fort Ord and
Within City
(Combined)
Aesthetics Less than significant = =/+ =/+
Agricultural Resources No Impact = = =
Air Quality Less than significant with
mitigation incorporated = = =
Biological Resources Less than significant with
mitigation incorporated = =/- =/+
Cultural and Tribal
Resources
Less than significant with
mitigation incorporated = = =
Energy Less than significant = = =
Geology and Soils Less than significant with
mitigation incorporated = + =
Greenhouse Gas
Emissions Less than significant = = =
Hazards and Hazardous
Materials
Less than significant with
mitigation incorporated =/- - =
Hydrology and Water
Quality
Less than significant with
mitigation incorporated = = =
Land Use and Planning Less than significant + =/+ =
Mineral Resources No Impact = = =
Noise Less than significant = + =
Population and HousingLess than significant + =/+ =
Public Services and
Recreation Less than significant = = =
Transportation Less than significant with
mitigation incorporated = = =
Utilities and Service
Systems Less than significant = = =
Wildfire Less than significant = - =/-
Able to Meet Project
Objectives? No Partially Partially
- Reduced level of impact in comparison to the proposed project (less impact) + Increased level of impact in comparison to the proposed project (greater impact) = Similar level of impact in comparison to the proposed project (similar)
5.5.1 Alternative 1a: No Project - No Action
An EIR is required to evaluate and analyze the impacts of a No Project to allow decision-makers to compare the impacts of approving the proposed project with the impacts of not approving the proposed project.
Under the “No Project - No Action Alternative” the properties proposed to be rezoned to accommodate RHNA as described in the EIR would remain in their current state (vacant and undeveloped). Under this 3 Under the No Project/No Action alternative (Alternative 1a), no action would occur on the proposed project. This assumes a nobuild approach where all City lands would remain in existing condition, including former Fort Ord lands that would remain vacant.
Impacts would be reduced in comparison to the proposed project and other alternatives. 389
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alternative, there would be no approval of a Housing Element Update, no rezoning and no future development of any kind on the site. All potential impacts as outlined in Table 5-1 would not occur. Under the No Project - No Action Alternative, there would be no action and City objectives to achieve RHNA would not be met. This No Project - No Action Alternative would also not meet the other objectives related to implementation of policies in the Housing Element to achieve affordable housing for all income levels.
The No Project Alternative analysis must discuss the existing conditions and what would be reasonably expected to occur in the foreseeable future if the project were not approved based on current plans and/or available infrastructure and community services (CEQA Guidelines, Section 15126.6(e)(2)). This approach is discussed under Alternative 1b, No Project - No Rezoning presented below.
5.5.2 Alternative 1b: No Project - No Rezoning
Description
The “No Project - No Rezoning” Alternative involves continued implementation of the existing 2015-2023 Housing Element adopted in 2019 as well as the City’s existing plans and policies that would accommodate development in accordance with the existing land use designations. This alternative assumes that the proposed project (implementation of the revised Program A.1 of the 5th Cycle Housing Element) would not occur and would not result in rezoning to facilitate development of affordable housing required under the 5th Cycle RHNA. Without the rezoning proposed for 5th Cycle, approximately 86 units of affordable housing in the former Fort Ord would not be built and the City would not adopt the Housing Element Update 2023.
This alternative also assumes that the City’s Housing Element for 6th Cycle RHNA, which is currently under HCD review, would not be implemented as required by State Law. Under the No Project - No Rezoning Alternative, the proposed project would not be implemented, and thus, no facilitation of future development of the 184 affordable housing units required under the 6th Cycle RHNA.
Sites 1 and 1a would continue to have designations for visitor-serving and commercial uses under the current General Plan as described in Section 3.11, Land Use. Under the existing designation, the sites could be developed in the future with a total of over 500,000 sq. ft. of commercial development, golf course development and over 520 visitor-serving (hotel type) units. As previously noted, under the Redevelopment Plan adopted for the former Fort Ord area, the City also assigned 200 residential units to the area. However, the implementation of this plan would require rezoning to allow residential uses. Thus, under the No Project - No Rezoning Alternative, the former Fort Ord properties would be assumed to be developed in the future under existing planned allowed uses. Properties within the City would retain their existing zoning. This alternative assumes Future residential development of these sites for affordable housing, including the former Fort Ord, would require rezoning.
Impacts
Alternative 1b, Aesthetics. The EIR identified a less than significant impact for aesthetics under the proposed project. Under Alternative 1b, development would occur under the existing designation in former Fort Ord. The development area would occur in the same areas proposed for future affordable housing development under the proposed project, however, without residential uses of affordable housing. Similar to the proposed project, development would be required to comply with the City’s development standards and requirements under the City’s General Plan that govern visual resources and aesthetic quality.
However, an increased impact in comparison to the proposed project could occur depending on the setting, design, height, building mass and location of future development.
Alternative 1b, Agricultural Resources. The EIR identified no impacts related to agricultural resources, as none exist within the project area. This alternative would also have no impact on agricultural resources. 390
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Alternative 1b, Air Quality - The EIR identified a less than significant impact with mitigation incorporated for air quality and exposure of sensitive receptors to particulate matter and TAC emissions were found to be less than significant with mitigation. This alternative would have similar overall air quality emissions under future development in accordance with existing plans compared to future development under the proposed project. Development under this alternative would occur in former Fort Ord area under existing planned uses, without residential use allowed. Similar to the proposed project, development under this alternative would be required to comply with the Air District’s BMPs for emission reduction during construction and operation and the City’s development standards and requirements that govern air quality, as well as other federal, state, and regional air quality standards.
Alternative 1b, Biological Resources. The EIR identified a less than significant impact with mitigation incorporated for biological resources under the proposed project. Development under this alternative would occur in former Fort Ord area under existing planned uses, without residential use allowed unless rezoned. In comparison to the proposed project and other alternatives with future housing in non-vacant land, this alternative would have greater impacts due to development on vacant land. The land use and zoning designations currently in place would continue and development would be subject to policies and standards that currently exist in the City. Similar to the proposed project, development would be required to comply with the City’s development standards and requirements under the City’s General Plan that govern biological resources, mitigation developed specific to the site and future plans, as well as other applicable federal and state regulations.
Alternative 1b, Cultural and Tribal Resources. The EIR identified a less than significant impact with mitigation incorporated for cultural and tribal resources under the proposed project. Under this Alternative, development could still take place, with associated grading and land disturbance. Potential impacts to tribal cultural resources would be subject to the same tribal consultation and regulatory requirements as the other alternatives. Impacts would therefore be similar to that of the other alternatives. Projects would be required to comply with the City’s development standards and requirements under the City’s General Plan that govern cultural and tribal resources, as well as other applicable federal and state regulations, which would reduce the potential for discovery of unknown cultural and tribal resources and impacts.
Alternative 1b, Energy. The EIR identified a less than significant impact for energy under the proposed project. Potential impacts related to energy under the proposed project and this alternative would be subject to the same standards and regulatory requirements, and the impacts under each would therefore be similar. Development would be required to comply with the City’s development standards and requirements for energy, as well as other applicable federal and state regulations.
Alternative 1b, Geology and Soils. The EIR identified a less than significant impact with mitigation incorporated for geology and soils under the proposed project. Under this alternative, no rezoning of the portion of the project area within former Fort Ord would occur, though these sites could still be developed with non-residential uses under the existing zoning. Construction and operational related geology and soils impacts from future development under this alternative would be expected to be similar to impacts for future residential development under the proposed project, and the impacts under each would therefore be similar.
Alternative 1b, Greenhouse Gas Emissions. The EIR identified a less than significant impact for greenhouse gas emissions. Potential impacts related to greenhouse gas emissions from non-residential development on the former Fort Ord under this alternative would be subject to the same standards and regulatory requirements identified for future residential development facilitated by the proposed project. The impacts under this alternative would therefore be similar to those identified for the proposed project. 391
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Alternative 1b, Hazardous and Hazardous Materials. The EIR identified a less than significant impact with mitigation incorporated for hazards and hazardous materials under the proposed project. Since no rezoning would occur and this alternative would not include residential planning areas that have potential for exposure of future residents to undiscovered MEC, this alternative would have less potential for increased risk to residential population compared to the proposed project. However, potential impacts related to hazardous response, emergency response and evacuation under the proposed project would be subject to the same standards and regulatory requirements, and the impacts under each would therefore be similar.
Alternative 1b, Hydrology and Water Quality. The EIR identified a less than significant impact with mitigation incorporated for hydrology and water quality under the proposed project. This alternative would still result in development but without future housing. Impacts related to hydrology and water quality would depend on plans, siting, drainage facilities and proposed development intensity. Potential impacts related to hydrology and water quality under the proposed project would be subject to the same standards and regulatory requirements, and the impacts under each would therefore be similar.
Alternative 1b, Land Use and Planning. The EIR identified a less than significant impact for land use and planning under the proposed project. Future development under this alternative would occur in former Fort Ord area under existing planned uses, without residential use allowed unless rezoned. Similar to the proposed project, development would be required to comply with the City’s development standards and requirements for land use and planning. The land use and zoning designations currently in place would continue and development would be subject to policies and standards that currently exist in the City. This alternative would not preclude additional development in the City under existing land use and zoning regulations. However, this alternative would not provide housing to fulfill the requirements of State law or to meet the City’s RHNA requirements, which would be a significant and unavoidable impact, as compared to the less-than-significant impacts associated with the other alternatives.
Alternative 1b, Mineral Resources. The EIR identified no impacts related to mineral resources, as none exist within the project area. This alternative would also have no impact on mineral resources.
Alternative 1b, Noise. The EIR identified a less than significant impact for noise under the proposed project.
Under this alternative, no rezoning of the portion of the project area within former Fort Ord would occur, though these sites could still be developed with non-residential uses under the existing zoning. Construction and operational related noise impacts from future development under this alternative would be expected to be similar to noise impacts for future residential development under the proposed project, and the impacts under each would therefore be similar.
Alternative 1b, Population and Housing. The EIR identified a less than significant impact for population and housing under the proposed project. As with development under the proposed project, development under this alternative would occur in former Fort Ord area under existing planned uses, with no residential use allowed unless rezoned. The Housing Element would not be adopted and the goals and policies within the City’s existing Housing Element would remain unchanged. This alternative’s resulting population growth would be less. The City would continue to develop consistent with the City’s current General Plan and zoning but with reduced housing opportunities. The land use and zoning designations currently in place would continue under the land use decisions and development parameters that currently exist in the City.
However, this alternative would not provide housing to fulfill the requirements of State law or to meet the City’s RHNA requirements, which would have a significant impact, as compared to the proposed project and other alternatives.
Alternative 1b, Public Service and Recreation. The EIR identified a less than significant impact for public services and recreation under the proposed project. Under this alternative, no rezoning of the portion of the project area within former Fort Ord would occur, though these sites could still be developed with nonresidential uses under the existing zoning. Police and fire protection would be required for future 392
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development under this alternative and impacts to these services would be expected to be similar to those under the proposed project. However, demand for libraries, schools, and recreational facilities would be less under this alternative than under the proposed project, as this alternative would not facilitate new residential uses whose occupants would place an increased demand on these services. Overall, impacts compared to the proposed project would be similar.
Alternative 1b, Transportation. The EIR identified a less than significant impact with mitigation incorporated for transportation under the proposed project. Under this alternative, no rezoning of the portion of the project area within former Fort Ord would occur, though the former Fort Ord area could still be developed with non-residential uses under the existing zoning as described above. The addition of residential uses to the commercial and visitor serving development allowed under the existing zoning would potentially decrease employee-based trips. This alternative would have reduced impacts related to VMT and similar impacts related to safety to the proposed project.
Alternative 1b, Utilities and Service Systems. The EIR identified a less than significant impact with mitigation incorporated for utilities and service systems. Under this alternative, no rezoning of the portion of the project area within former Fort Ord would occur, though these sites could still be developed with non-residential uses under the existing zoning. Non-residential development on these sites under this alternative would also require the extension of utilities and service systems, similar to the impacts to utilities and service systems for future residential development under the proposed project, and the impacts under each would therefore be similar4
.
Alternative 1b, Wildfire. The EIR identified a less than significant impact with mitigation under the proposed project. This alternative would not include residential planning areas that are in Very High Fire Severity Zones, and would therefore have less impact related to the potential for increased risk compared to the proposed project. Potential impacts related to emergency response and evacuation under the proposed project and each of the alternatives would be subject to the same standards and regulatory requirements, and the impacts under each would therefore be similar. A portion of the project area within former Fort Ord is designated as a VHSHSZ in a local responsibility area. Under this alternative, the impact would be reduced for wildfire as there are no residential areas and housing with no rezoning. Thus, no housing could be located in a VHSHSZ. Similar to the proposed project, development would be required to comply with the City’s development standards and requirements for wildfire, as well as other applicable federal and state regulations.
Ability to Meet Project Objectives -Alternative 1b
As stated in Chapter 2, Project Description, the City has determined, based on the site inventory analysis and HCD review letters on the 5th Cycle Housing Element, that rezoning is needed to meet the RHNA. Under this alternative, there would be no rezoning and objectives to achieve 5th Cycle and 6th Cycle RHNA requirements would not be met. The No Project - No Rezoning Alternative would also not meet the other objectives of the proposed project, including implementation of policies in the Housing Element to achieve affordable housing for all income levels. The general plan amendment adopting the Housing Element Update 2023 would not be achieved and no residential development designation would be placed on Sites 1 and 1a in the former Fort Ord area.
4 Additionally, water use would be limited to the allocation available to the City as discussed in the IS/ND adopted for the 2019 Housing Element under all alternatives. Adopted urban water management plans and environmental documents including EIRs approved by the City, FORA, and MCWD considered this area of the former Fort Ord as proposed future development, with a previous Water Supply Assessment approved for a large residential and commercial development on these sites. 393
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5.5.3 Alternative 2: No Rezoning in Former Fort Ord
Description
The “No Rezoning in Former Fort Ord” Alternative focuses development of affordable housing to meet RHNA in developed areas of the City, and outside of the former Fort Ord area. One potential candidate site in the 6th Cycle Housing Element is the Monterey Peninsula Unified School District (MPUSD) site east of Highway 218/Canyon Del Rey Boulevard. The site is approximately 10 acres of land currently used by MPUSD as a vehicle storage, office and bus facility, parking and board meeting room by MPUSD. The parcel is bordered by vacant land and a City of Monterey vehicle maintenance facility to the north, Highway 218/Canyon Del Rey Boulevard to the west, undeveloped land to the east, and Monterey-Salinas Transit (MST) office to the south. All utilities exist onsite. The site is accessed via Del Rey Gardens Drive directly off Highway 218/Canyon Del Rey Boulevard. A portion of this site (approximately 2.5 acres) is within the Airport Influence Area (AIA) for the Monterey Peninsula Airport. The AIA designation is outside the ALUC airport safety zones restricting certain densities of residential use. The remainder of the site is within the Inner Turning Zone (ITZ) Airport Safety Zones per Exhibit 4C of the Monterey Regional Airport Land Use Compatibility Plan (Refer to Appendix B-3 for mapping detailing the ALUC zones on this site). Restrictions on water use on this site would need to be lifted within the current 5th Cycle and 6th Cycle 2023-2031 planning period to allow future residential uses, or water would otherwise need to be made available through reduction of existing uses on site. Rezoning to allow residential uses would likely be required, however, as a non-vacant site owned by a school district, opportunities may be available for expediting permitting for affordable housing for MPUSD employees. Under this alternative, higher residential density would need to be achieved, due to limited size of the parcels.
Figure 5-1 identifies other potential areas for residential development in the area of Calle Del Oaks, accessed via Del Rey Gardens Drive on the west side of Highway 218/Canyon Del Rey Boulevard. Properties in this area include offices, storage facilities and parking. This area also includes meeting rooms, buildings, parking and recreational facilities associated with the Moose Lodge. Although there has been no interest shown by the property owners, this area is outside the restricted safety zones of the Airport and a portion of this area is designated for residential land uses within this site (See Figure 2-4, Land Use Designation Map). Under this alternative, higher residential density would need to be achieved, due to limited size of the properties.
This alternative assumes that the proposed project (implementation of the revised Program A.1 of the 5th Cycle Housing Element) would not occur and thus, there would be no rezoning of Sites 1 and 1a in the former Fort Ord area to facilitate development of affordable housing required under the 5th Cycle RHNA.
Under this alternative, sites within the existing City on either side of Canyon Del Rey Boulevard described above would accommodate affordable housing. This alternative also assumes that there would be no rezoning in former Fort Ord under the City’s Housing Element for 6th Cycle RHNA. The 6th Cycle Housing Element currently under HCD review, includes Sites 1 and 1a and additional candidate sites (K1 and K2) located in the former Fort Ord, as shown on Figure 2-6. Under this alternative, the existing land use designations and zoning applicable to former Fort Ord would be unchanged, with the potential for development without residential use, as discussed in Alternative 1b, above.
Impacts
Alternative 2, Aesthetics - The EIR identified a less than significant impact for aesthetics under the proposed project. Under Alternative 2, the impact would be similar or slightly decreased depending on the location and density of development. This alternative would concentrate development in the developed area of the City, on the MPUSD site and the area of the City developed with offices near the Moose Lodge on the east side of Canyon Del Rey Boulevard. The resulting densification could result in substantial changes to the area 394
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through increased density, greater scale, and increased height as well as development of residential structures in a commercial and light industrial area. However, residential development could be mixed-use with these other uses and could be designed to reduce aesthetics impacts. Similar to the proposed project, future development would be required to comply with the City’s development standards and policies under the City’s General Plan that govern visual resources from public viewing areas. Depending on site design, development along Canyon Del Rey would be highly visible in comparison to the existing visual setting, an increase in impacts compared to the proposed project due to the limited area available for development of the combined 270 residential units under 5th and 6th RHNA. However, impacts from light and glare under this alternative would be reduced in comparison to the proposed project since development would occur in urban areas with existing buildings and lighting. Overall, this alternative would be considered to have similar to slightly greater impacts compared to the proposed project.
Alternative 2, Agricultural Resources. The EIR identified no impacts related to agricultural resources, as none exist within the project area. This alternative would also have no impact on agricultural resources.
Alternative 2, Air Quality. The EIR identified a less than significant impact with mitigation incorporated for air quality and exposure of sensitive receptors to particulate matter and TAC emissions were found to be less than significant with mitigation. This alternative would have similar overall air quality emissions under future development in accordance with existing plans compared to future development under the proposed project. Similar to the proposed project, development under this alternative would be required to comply with MBARD’s BMPs for emission reduction during construction and operation and the City’s development standards and requirements that govern air quality, as well as other federal, state, and regional air quality standards.
Alternative 2, Biological Resources. The EIR identified a less than significant impact with mitigation incorporated for biological resources under the proposed project. In comparison with development under the proposed project, residential development under this alternative would not occur in former Fort Ord area, and would be located within the existing developed area of the City. Development of future housing within urbanized areas and non-vacant land would have reduced impacts in comparison to the proposed project and other alternatives due to the urbanized areas proposed as potential residential housing under this alternative. However, as noted in Alternative 1b, development could still occur on the former Fort Ord area under the existing zoning and land use designations. Similar to the proposed project, future development under this alternative would be required to comply with the City’s development standards and requirements under the City’s General Plan that govern biological resources, mitigation developed specific to the site, as well as other applicable federal and state regulations. Overall, this alternative is assumed to have a similar to reduced level of impact compared to the proposed project due to development of urbanized areas.
Alternative 2, Cultural and Tribal Resources. The EIR identified a less than significant impact with mitigation incorporated for cultural and tribal resources under the proposed project. Under this alternative, the impact would be similar for cultural resources due to potential for grading and development unearthing cultural resources. Under this, development could still take place, and potential impacts to tribal cultural resources would be subject to the same mitigations, tribal consultation and regulatory requirements as the other alternatives. The impacts would therefore be similar to that of the proposed project and other alternatives.
Future development projects would be required to comply with the City’s development standards and requirements under the City’s General Plan that govern cultural and tribal resources, as well as other applicable federal and state regulations, which would reduce the potential for discovery of unknown cultural and tribal resources and impacts.
Alternative 2, Energy. The EIR identified a less than significant impact for energy under the proposed project. Potential impacts related to energy under the proposed project and each of the alternatives would 395
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be subject to the same standards and regulatory requirements, and the impacts under each would therefore be similar. Development would be required to comply with the City’s development standards and requirements for energy, as well as other applicable federal and state regulations.
Alternative 2, Geology and Soils. The EIR identified a less than significant impact with mitigation incorporated for geology and soils under the proposed project. The development of the areas in this alternative identified above would require site specific geotechnical reports, similar to other areas of the proposed project. However, the sites are already developed and would not require as much grading or soil disturbance as the proposed project. Construction and operational related geology and soils impacts from future development under this alternative would be expected to be less than the proposed project.
Development would be required to comply with the UBC code for construction and development standards and requirements for development, as well as other applicable federal and state regulations.
Alternative 2, Greenhouse Gas Emissions. Potential impacts related to greenhouse gas emissions under each of the alternatives would be subject to the same standards and regulatory requirements, and the impacts under each would therefore be similar to the proposed project.
Alternative 2, Hazardous and Hazardous Materials. No residential development would occur on the former Fort Ord, and this alternative would not include residential planning areas that have potential for MEC, and would therefore have less impact related to the potential for increased risk compared to the proposed project. Potential impacts related to hazardous response, emergency response and evacuation under the proposed project would be subject to the same standards and regulatory requirements, and the impacts under each would therefore be similar.
Alternative 2, Land Use and Planning. The EIR identified a less than significant impact for land use and planning under the proposed project. Future development under this alternative would only occur in areas outside former Fort Ord. Similar to the proposed project, land use amendment and rezoning would be required to designate lands for residential or mixed use in existing areas of the City. However, sites identified under this alternative may not be of adequate size to provide enough housing units to fulfill the requirements of State law or to meet the City’s RHNA requirements, which would be an increased impact compared to the less-than-significant impacts associated proposed project. This alternative would also require increased densities and heights of buildings due to the limited land area available for development that is outside the ALUC safety zones. This alternative may also conflict with City General Plan policies regarding protecting views along Canyon Del Rey Boulevard, depending on siting, densities, and bulk and massing of future buildings. This alternative would not preclude additional development in the City under existing land use and zoning regulations for ADUs and any development allowed under SB 9, which could provide additional affordable housing within the City. Overall, this alternative is considered to have greater impacts under Land Use and Planning compared to the proposed project.
Alternative 2, Mineral Resources. The EIR identified no impacts related to mineral resources, as none exist within the project area. This alternative would also have no impact on mineral resources.
Alternative 2, Noise. The EIR identified a less than significant impact for noise under the proposed project.
Under this alternative, no rezoning of the portion of the project area within former Fort Ord would occur and future residential development would be within the developed City. Construction and operational related noise impacts from future development under this alternative would be expected to be similar to noise impacts for future residential development under the proposed project, and the impacts under each would therefore be similar.
Alternative 2, Population and Housing. The EIR identified a less than significant impact for population and housing under the proposed project. No development under this alternative would occur in former Fort Ord area; instead, development of affordable housing would be located within the City of Del Rey Oaks, 396
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located on either side of Canyon Del Rey Boulevard on the MPUSD site and in the Calle del Oaks area of Moose Lodge. As these sites may not have adequate land areas to be able to accommodate the full 270 units required under the 5th and 6th Cycle RHNA, impacts to population and housing would be greater under this alternative than the proposed project.
Alternative 2, Public Services and Recreation. The EIR identified a less than significant impact for public services and recreation. This Alternative would result in similar impacts to public services and recreation, the same as the proposed project and other alternatives. Potential impacts related to public services and recreation for each of the alternatives would be subject to the same standards and regulatory requirements, and the impacts under each would therefore be similar.
Alternative 2, Transportation. The EIR identified a less than significant impact with mitigation incorporated for transportation under the proposed project. This alternative would propose housing on sites served by an existing major roadway, Highway 218/Canyon del Rey Boulevard intersection, with access to sites via Calle Del Oaks. This alternative would likely require intersection improvements for safety related to the additional vehicle trips but with such improvements, impacts would be similar. Under this alternative, no rezoning of the portion of the project area within former Fort Ord would occur, though the former Fort Ord area could still be developed with non-residential uses under the existing zoning as described above. The addition of residential uses to the commercially developed areas within the City could potentially decrease employee-based trips. The addition of residential uses to the commercial and visitor serving development allowed under the existing zoning would potentially decrease employee-based trips, similar to the proposed project. This alternative would have a similar impact related to VMT and a similar impact related to safety compared to the proposed project.
Alternative 2, Utilities and Service Systems. The EIR identified a less than significant impact with mitigation incorporated for utilities and service systems. Future residential development would occur on areas outside former Fort Ord, within the urbanized area of the City, where there is existing utility service. However, water supply would not be available for new residential development under the current conditions, as described previously, due to the CDO within the area served by Cal-Am and under MPWMD allocation system. Under this alternative, no rezoning of the portion of the project area within former Fort Ord would occur, and water would not be supplied by MCWD for affordable housing units within the former Fort Ord area. However, water service from MCWD would still be required for non-residential uses under the existing zoning on former Fort Ord. Residential development on the MPUSD and Calle de Oaks/Moose Lodge sites would be served by existing utilities but expansion of service would be required. Under this alternative for 5th Cycle, there is no water available under the MPWMD allocation system during this current planning cycle due to the moratorium on new hookups within the Cal-Am service area. If current water planning projects come online in the 6th Cycle planning period, 2023-2031, and the CDO is lifted, this alternative may be able to provide water from Cal-Am for the 184 RHNA units, assuming there is adequate allocation from MPWMD.
This alternative would also require additional water use and extension of systems, which may have limitations related to water service. Other services are similar to the impacts to utilities and service systems for future residential development under the proposed project. Overall, the impacts under this alternative are considered to be similar to the proposed project.
Alternative 2, Wildfire. The EIR identified a less than significant impact with mitigation under the proposed project. Future residential development would occur on the MPUSD and Calle del Oaks/Moose Lodge sites, which are located outside of Very High Fire Hazard Severity Zones. This alternative would not include residential planning areas that are in Very High Fire Severity Zones, and would therefore have less impact related to the potential for increased risk compared to the proposed project. Potential impacts related to emergency response and evacuation under the proposed project and each of the alternatives would be subject to the same standards and regulatory requirements, and the impacts under each would therefore 397
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be similar. A portion of the project area within former Fort Ord is designated as a VHSHSZ in a local responsibility area. Under this alternative, the impact would be reduced for wildfire as there are no residential areas and housing with no rezoning. Thus, no housing could be located in a VHSHSZ. Similar to the proposed project, development would be required to comply with the City’s development standards and requirements for wildfire, as well as other applicable federal and state regulations.
Ability to Meet Project Objectives -Alternative 2
As stated in Chapter 2, Project Description, the City has determined, based on the site inventory analysis and HCD review letters on the 5th Cycle Housing Element, that rezoning is needed to meet the RHNA. Under this alternative, there would be no rezoning and objectives to achieve 5th Cycle and the objective to achieve HCD compliance for 5th Cycle Housing Element in 2023 and meeting 5th Cycle RHNA requirements would not be met. This alternative may be able to partially achieve the City objective of identifying housing sites with a collective capacity to meet the City’s combined 5th and 6th Cycle RHNA, through use of the sites in this alternative under 6th Cycle RHNA, however, this would require water availability from MPWMD during the 6th Cycle planning period. Thus, this alternative is found to partially achieve the objectives of the proposed project.
5.5.4 Alternative 3: Areas in Former Fort Ord and Within City (Combined) Description
The “Areas in Former Fort Ord and Within City” (Combined) Alternative involves development within the former Fort Ord and also within the City to meet RHNA. This alternative assumes that K1 and K2 sites, within former Fort Ord, as presented in 6th Cycle, as well as land available within the developed City as presented in Alternative 2, would be used to meet RHNA. Figure 2-6 identifies the former Fort Ord areas. Figure 5-1 identifies potential areas of development within the City under Alternative 2.
Site K1 is approximately 20 acres of vacant, undeveloped land with gradual slopes dominated by chaparral and oak trees/oak woodland in the interior of the site. The site is currently owned by Monterey Peninsula Partners. This site is zoned Neighborhood Commercial with Visitor Overlay, and would require rezoning for residential/mixed use development on both sites K1 and K2. Site K1 is bordered by the City of Seaside to the north, Fort Ord National Monument to the east, and City of Monterey to the south along South Boundary Road. Water and sewer service would need to be extended; pipeline infrastructure is available adjacent to the site along General Jim Moore Boulevard, near the City limits of Del Rey Oaks.
Site K2 is approximately 53.81 acres of vacant, undeveloped land with gradual slopes dominated by chaparral and oak trees/oak woodland in the interior of the site. This site is currently owned by Monterey Peninsula Partners. In May 2016, the City Council adopted an Initiative Measure amending the City’s General Plan and Zoning Ordinance Chapter 17.32, Visitor Commercial Overlay recreational uses, to include recreational vehicle (RV) parks, within the former Fort Ord, within the designated area of the Initiative Measure. Approval of the Initiative measure allows the construction of an RV park (Monument RV Resort) of up to 210 total guest sites, including accessory and auxiliary uses. Each site is on a 3,000 square foot “lot”. The Initiative resulted in an amendment to the City’s General Plan to specifically allow RVs. The City would need to complete a general plan amendment and rezoning to specifically allow residential development. The parcel is bordered by Fort Ord National Monument to the north and east, and the City of Monterey to the south along South Boundary Road. Similar to Sites 1 and 1a, water is planned to be extended on South Boundary Road to serve this site.
These sites are also in the City’s Housing Element for 6th Cycle RHNA, which is currently under HCD review. 398
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Chapter 5. Alternatives
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Impacts
Alternative 3, Aesthetics. The EIR identified a less than significant impact for aesthetics under the proposed project. The EIR identified a less than significant impact for aesthetics under the proposed project.
Development under this alternative would concentrate some residential development in the Downtown area on either side of Canyon Del Rey Boulevard with some in former Fort Ord sites. The impact would be similar for aesthetics because the area available for development in both the developed City and former Fort Ord. Similar to the proposed project, development would be required to comply with the City’s development standards and requirements under the City’s General Plan that govern visual resources and aesthetic quality.
Alternative 3, Agricultural Resources. The EIR identified no impacts related to agricultural resources, as none exist within the project area. This alternative would also have no impact on agricultural resources.
Alternative 3, Air Quality. The EIR identified a less than significant impact with mitigation incorporated for air quality and exposure of sensitive receptors to particulate matter and TAC emissions were found to be less than significant with mitigation. Under this alternative, the impact would be similar for air quality due to potential for grading and development in the same area. Under this alternative, development could still take place and would be required to comply with the Air District’s BMPs for emission reduction during construction and operation and the City’s development standards and requirements that govern air quality, as well as other federal, state, and regional air quality standards.
Alternative 3, Biological Resources. The EIR identified a less than significant impact with mitigation incorporated for biological resources under the proposed project. Development under this alternative would concentrate some residential development in the developed area on either side of Canyon Del Rey Boulevard with some in former Fort Ord sites. As with development under the proposed project, development under this alternative would occur in portions of the vacant lands of former Fort Ord. In addition, a portion of the future housing is planned on non-vacant lands within the developed City. Similar to the proposed project, development would be required to comply with the City’s development standards and requirements under the City’s General Plan that govern biological resources, mitigation developed specific to the site and future plans, as well as other applicable federal and state regulations. Under this alternative, improvements and development would occur within the urbanized area of the City as well as former Fort Ord areas identified on Figure 5-1. Due to the additional areas under each of these sites that would be disturbed, this alternative would be similar to greater impacts to biological resources.
Alternative 3, Cultural and Tribal Resources. The EIR identified a less than significant impact with mitigation incorporated for cultural and tribal resources under the proposed project. Under this alternative, the impact would be similar to the proposed project for cultural resources due to potential for grading and earthmoving activities. Under this alternative, development could still take place and potential impacts to tribal cultural resources would be subject to the same tribal consultation and regulatory requirements as the other alternatives. Projects would be required to comply with the City’s development standards and requirements under the City’s General Plan that govern cultural and tribal resources, as well as other applicable federal and state regulations, which would reduce the potential for discovery of unknown cultural and tribal resources and impacts.
Alternative 3, Energy. The EIR identified a less than significant impact for energy under the proposed project. Potential impacts related to energy under the proposed project and this alternative would be subject to the same standards and regulatory requirements, and the impacts under each would therefore be similar. Development would be required to comply with the City’s development standards and requirements for energy, as well as other applicable federal and state regulations. 399
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Alternative 3, Geology and Soils. The EIR identified a less than significant impact with mitigation incorporated for geology and soils under the proposed project. Development under this alternative would concentrate some residential development in the developed area on either side of Canyon Del Rey Boulevard with some in former Fort Ord sites. The development of the sites under this alternative as identified above would require site specific geotechnical reports, similar to other areas of the proposed project. However, the non-vacant sites within the City are already developed and would not require as much grading orsoils disturbance as the proposed project. Construction and operational related geology and soils impacts from future development under this alternative would be expected to be less than the proposed project. Development would be required to comply with the UBC code for construction and development standards and requirements for development, as well as other applicable federal and state regulations.
Alternative 3, Greenhouse Gas Emissions. Potential impacts related to greenhouse gas emissions under each of the alternatives would be subject to the same standards and regulatory requirements, and the impacts under each alternative would therefore be similar to the proposed project.
Alternative3, Hazardous and Hazardous Materials. This alternative could include residential planning areas that have potential for MEC and would therefore have similar impact related to the potential for increased risk compared to the proposed project. Potential impacts related to hazardous response, emergency response and evacuation under the proposed project would be subject to the same standards and regulatory requirements, and the impacts under each would therefore be similar.
Alternative 3, Hydrology and Water Quality. The EIR identified a less than significant impact with mitigation incorporated for hydrology and water quality under the proposed project. Development would be required to comply with the BMPs for reduced impacts to water quality during construction. Adherence to mitigation and development standards, as well as other applicable federal and state regulations would be required.
Under this alternative, improvements and development would occur within the urbanized area of the City as well as former Fort Ord areas identified on Figure 5-1. Due to the additional areas under each of these sites that would be disturbed, this alternative would be similar to greater impacts to hydrology and water quality.
Alternative 3, Land Use and Planning. The EIR identified a less than significant impact for land use and planning under the proposed project.
Alternative 3, Mineral Resources. The EIR identified no impacts related to mineral resources, as none exist within the project area. This alternative would also have no impact on mineral resources.
Alternative 3, Noise. The EIR identified a less than significant impact for noise under the proposed project.
Potential impacts under this alternative related to noise and vibration would be subject to the same standards and regulatory requirements, and the impacts under each would therefore be similar to the proposed project.
Alternative 3, Population and Housing. The EIR identified a less than significant impact for population and housing under the proposed project. Under this alternative, the combination of the identified sites would have adequate land areas to accommodate the full 270 units required under the 5th and 6th Cycle RHNA.
Therefore, impacts to population and housing are considered to be similar to the proposed project.
Alternative 3, Public Services and Recreation. The EIR identified a less than significant impact for public services and recreation. This Alternative would result in similar impacts to public services and recreation, the same as the proposed project and other alternatives. Potential impacts related to public services and recreation for each of the alternatives would be subject to the same standards and regulatory requirements, and the impacts under each would therefore be similar to the proposed project. 400
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Alternative 3, Transportation. The EIR identified a less than significant impact with mitigation incorporated for transportation under the proposed project. Under this alternative, rezoning of a portion of the project area within former Fort Ord would occur, though the remainder of the former Fort Ord area could still be developed with non-residential uses under the existing zoning as described above. The addition of residential uses to the commercial and visitor serving development allowed under the existing zoning would potentially decrease employee-based trips, similar to Alternative 2 and comparable to the proposed project.
Alternative 3, Utilities and Service Systems. The EIR identified a less than significant impact with mitigation incorporated for utilities and service systems. This impact is dependent upon the availability of water for areas within the MPWMD, similar to Alternative 2. Utility extension would still be required under this alternative to extend utility service to sites K1 and K2 in former Fort Ord. As a result, impacts to utilities and service systems under this alternative would be similar to the proposed project.
Alternative 3, Wildfire. The EIR identified a less than significant impact with mitigation under the proposed project. This alternative would include a portion of the residential planning areas that are in Very High Fire Severity Zones, and would therefore have the same impact related to the potential for increased risk compared to the proposed project. Potential impacts related to emergency response and evacuation under the proposed project and each of the alternatives would be subject to the same standards and regulatory requirements, and the impacts under each would therefore be similar. A portion of the project area is outside the area of former Fort Ord designated as a VHSHSZ. Under this alternative, the impact would be less compared to the proposed project if residential is not located in the former Fort Ord area. Urban development areas would still be required to comply with the City’s development standards and requirements for wildfire, as well as other applicable federal and state regulations.
Ability to Meet Project Objectives -Alternative 3
Under this alternative, the combination of the identified sites provides adequate land areas to accommodate the full 270 units required under the 5th and 6th Cycle RHNA. Assuming the City can utilize Sites 1 and 1a for 5th Cycle, per HCD requirements, can meet the City’s objective to adopt the 5th Cycle Housing Element and complete rezoning actions necessary for an HCD compliant Housing Element by December 15, 2023. The second City objective may also be met under this alternative: Meet the State required RHNA allocation for the 5th Cycle and 6th Cycle Housing Element Updates by identifying housing sites with a collective capacity to meet the City’s combined 5th and 6th Cycle RHNA. Therefore, this alternative can meet the project objectives.
5.6 ENVIRONMENTALLY SUPERIOR ALTERNATIVE
A comparison of the impacts of each alternative relative to the proposed project is presented in Table 5-1.
CEQA requires that an environmentally superior alternative to the proposed project be specified. In general, the environmentally superior alternative is that which minimizes the adverse impacts of the project to the greatest extent, while achieving the basic objectives of the project.
The No Project – No Action alternative could be considered the environmentally superior alternative because any adverse impacts associated with project construction and operation would be avoided.
However, the No Project – No Action alternative does not satisfy the primary project objective to:
Adopt 5th Cycle Housing Element and complete rezoning actions necessary for an HCD compliant Housing Element by December 15, 2023.
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Meet the State required Regional Housing Needs Assessment (RHNA) allocation for the 5th Cycle and 6th Cycle Housing Element Updates by identifying housing sites with a collective capacity to meet the City’s combined 5th and 6th Cycle RHNA.
In addition, CEQA Guidelines section 15126.6(e)(2) states: “If the environmentally superior alternative is the “no project” alternative, the EIR shall also identify an environmentally superior alternative among the other alternatives.
Among the remaining alternatives, Alternatives 1b and 2 would either not meet or only partially meet the basic objectives of the proposed project. Alternative 2 would reduce some of the level of impacts as shown on Table 5-1, compared to the proposed project. However, under any alternative, development would still likely occur at former Fort Ord under existing land use designations, so this alternative is not considered to be environmentally superior to the proposed project. The only alternative that meets the project objectives is Alternative 3, however as shown on Table 5-1, some of the identified impacts are increased compared to the proposed project. Therefore, the proposed project is selected as the environmentally superior alternative that can also meet the project objectives.
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