CITY COUNCIL RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF CITY OF EAST PALO ALTO
ADOPTING A GENERAL PLAN AMENDMENT TO UPDATE THE HOUSING ELEMENT OF THE GENERAL PLAN FOR THE PERIOD OF 2023-2031, TO COMPLY
WITH STATE HOUSING ELEMENT LAW
WHEREAS, the City of East Palo Alto, California (“the City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and
WHEREAS California Government Code Section 65300 et seq. requires each city to prepare and adopt a comprehensive, long-term general plan for the physical development of the county or city; and
WHEREAS, specifically, the Legislature of California in 1980 enacted legislation requiring each local government to adopt a “housing element” as a component of its general plan (Government Code §§ 65580, subd. (a); 65581, subd. (b); 65582, subd. (d).), and according to the Housing Element Law, a local government’s housing element must consist of several mandatory components (Government Code, §§ 65300, 65302, subd. (c), 65583); and
WHEREAS, every housing element must substantially comply with Housing Element Law, a question of law ultimately within the purview of a court of law, where substantial compliance means actual compliance with respect to the substance essential to every reasonable objective of Housing Element Law, as distinguished from mere technical imperfections of form; and
WHEREAS the Housing Element of the City’s General Plan was last updated in 2015, including policies and programs to meet the City’s housing needs and outlining the City’s roles and responsibilities in housing production and preservation; and WHEREAS the California legislature has found that “California has a housing supply and affordability crisis of historic proportions. The consequences of failing to effectively and aggressively confront this crisis are hurting millions of Californians, robbing future generations of the chance to call California home, stifling economic opportunities for workers and businesses, worsening poverty and homelessness, and undermining the state’s environmental and climate objectives.” (Gov. Code Section 65589.5.); and
WHEREAS, the legislature has further found that “Among the consequences of those actions are discrimination against low-income and minority households, lack of housing to support employment growth, imbalance in jobs and housing, reduced mobility, urban sprawl, excessive commuting, and air quality deterioration.” (Gov. Code Section 65589.5.); and
WHEREAS the Legislature recently adopted the Housing Crisis Act of 2019 (SB 330) which states that “In 2018, California ranked 49th out of the 50 states in housing units per capita… California needs an estimated 180,000 additional homes annually to keep up with population growth, and the Governor has called for 3.5 million new homes to be built over 7 years”; and
WHEREAS, State Housing Element Law (Government Code Sections 65580 et seq.) requires that the local government adopt a Housing Element for the eight-year period 2023-2031 to accommodate the City of East Palo Alto regional housing need allocation (“RHNA”) of 829 housing units, comprised of 165 very-low income units, 95 low-income units, 159 moderate-income units, and 410 above moderate-income units; and
WHEREAS, to comply with State Housing Element Law, the City has prepared the Housing Element Update 2023-2031 (“the Housing Element”); and WHEREAS, as provided in Government Code Section 65350 et. seq., the Housing Element constitutes a General Plan Amendment; and WHEREAS, as provided in Government Code Sections 65352 – 65352.5 the City referred the Housing Element to all California Native American tribes on the contact list provided by the Native American Heritage Commission and to other entities listed; and WHEREAS, pursuant to Government Code Section 65352.3(a)(1), the City initiated contact to ensure compliance with applicable tribal consultation requirements under SB 18, but as of the date of this resolution no California Native American tribe has requested consultation; and
WHEREAS State law requires that the City take meaningful steps to promote and affirmatively further fair housing (Gov. Code Section 65583(c)(5)) and the City completed a fair housing assessment and incorporated fair housing policies and programs into the Housing Element; and
WHEREAS, State law requires that the City make zoning available for all types of housing, including multifamily housing (Gov. Code Sections 65583.2 and 65583(c)); and WHEREAS, the provisions of Government Code section 65350, et. seq. regarding amendment to the General Plan have been complied with; and WHEREAS, based on the building age and condition of non-residential structures on nonvacant sites, developer interest, and the likelihood of commercial uses on nonvacant sites converting to residential developments, the existing uses on the sites identified in the Sites Inventory to accommodate the lower income RHNA are likely to be discontinued during the planning period, and therefore are not considered significant impediments to additional residential development during the period covered by the Housing Element; and
WHEREAS the preparation, adoption, and implementation of the Housing Element requires a diligent effort to include all economic segments of the community; and
WHEREAS, the City conducted extensive community outreach over the last twenty-two months for the preparation of the draft Housing Element, including three virtual community meetings and one hybrid in-person and virtual community meeting, three online surveys and two in-person intercept surveys, four stakeholder group listening sessions, and seven public workshops before the Planning Commission and City Council; and
WHEREAS, in accordance with Government Code Section 65585 (b), on August 29, 2022, the City posted the draft Housing Element on the City’s website and requested public input during a 30-day review period and on October 21, 2022, after responding to public comments, the City submitted the draft Housing Element to the State Department of Housing and Community Development (“HCD”) for its review; and WHEREAS, City staff held two 20-minute virtual meetings with HCD on December 15, 2022 and January 12, 2023 to discuss the draft Housing Element; and WHEREAS, HCD provided additional preliminary feedback and comments during an additional hour-long meeting on January 12, 2023;
WHEREAS, on January 17, 2023, the City published a revised draft Housing Element responding to HCD’s preliminary input and requested public comment on the revised draft during a seven-day review period; and
WHEREAS, on January 19, 2023, the City received a letter from HCD providing its findings and comments regarding the draft Housing Element; and WHEREAS, on January 23, 2023, the Planning Commission held a meeting for the commissioners and the public to provide additional comments on the draft Housing Element;
WHEREAS, on February 6, 2023, the City published another revised draft Housing Element responding to HCD’s written comment letter (attached hereto as Exhibit B) sent on January 19, 2023, and requested public comment on the revised draft during a seven-day review period; and
WHEREAS, on February 9, 2023, the Planning Commission conducted a duly and properly noticed public hearing to take public testimony and consider this Resolution regarding the proposed Housing Element, reviewed the Housing Element and all pertinent maps, documents and exhibits, including HCD’s findings, the City’s response to HCD’s findings, the staff report and all attachments, and oral and written public comments; and
WHEREAS, the Planning Commission determined the Housing Element to be consistent with State law and the General Plan of the City of East Palo Alto, and recommended that the City Council: 1. Adopt a General Plan Amendment (GP23-001) to update the Housing Element for the 6th Cycle Housing Element (“2023-2031 Housing Element”); 2. Find that the 2023-2031 Housing Element affirmatively furthers fair housing and substantially complies with State Housing Element Law; 3. Repeal the 5th Cycle 2015-2031 Housing Element; 4. Find the 2023-2031 Housing Element exempt from the California Environmental Quality Act under State CEQA Guidelines Section 15061(b)(3), common sense exemption; and 5. Direct Staff to submit the 2023-2031 Housing Element for the 6th Cycle to the Department of Housing and Community Development (“HCD”) for its 60-day Review; and
WHEREAS, on February 21, 2023, the City Council conducted a duly and property noticed public hearing, reviewed the Housing Element and all pertinent maps, documents and exhibits, including HCD’s comments, the City’s response to HCD’s comments, the staff report and all attachments, oral and written public comments, and all other evidence in the record; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of East Palo Alto hereby finds that, based on substantial evidence in the record:
1. The foregoing recitals are true and correct and are incorporated by reference into this action.
2. The provisions of Government Code section 65350, et. seq. regarding amendment to the General Plan have been complied with, including a finding of consistency, as required by local law, by the Planning Commission, which is incorporated by this reference.
3. As required by Government Code Section 65585(e), the City Council has considered the findings made by the Department of Housing and Community Development included in the Department’s letter to the City dated January 19, 2023, consistent with Government Code Section 65585(f), and as described in Exhibit C to this resolution, incorporated herein by this reference, the City Council has changed the Housing Element in response to the findings of the Department to substantially comply with the requirements of State Housing Element Law as interpreted by HCD.
4. As amended, the Housing Element substantially complies with Housing Element Law, as provided in Government Code 65580 et seq. and contains all provisions required by State Housing Element Law, as shown in Exhibit B, Attachment 1 to this resolution, incorporated herein by this reference.
5. Based on substantial evidence in the record, including the building age and condition of non-residential structures on nonvacant sites, developer interest, and the likelihood of commercial uses on nonvacant sites converting to residential developments, the existing uses on the non-vacant sites identified in the site inventory to accommodate the RHNA are likely to be discontinued during the planning period and therefore do not constitute an impediment to planned residential development on the site during the planning period;
6. The Housing Element is exempt from CEQA under State CEQA Guidelines Section 15061(b)(3) common sense exemption, based on the Notice of Exemption attached hereto as Exhibit C.
7. The 2015-2023 City of East Palo Alto Housing Element is hereby repealed in its entirety, and the 2023-2031 City of East Palo Alto Housing Element is hereby adopted.
8. This Resolution shall become effective upon adoption by the City Council.
9. Staff is hereby directed to file all necessary material with the Department of Housing and Community Development for the Department to find that the Housing Element is in conformance with State Housing Element Law and is further directed and authorized to make all legally permissible changes to the Housing Element to make it internally consistent or to address any legally permissible changes or amendments requested by the Department to achieve certification.
10. Staff is hereby directed to distribute copies of the Housing Element in the manner provided in Government Code Sections 65357 and 65589.7.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of East Palo Alto on this 21st day of February 2023, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
Lisa Gauthier, Mayor
ATTEST: APPROVED AS TO FORM:
James Colin
City Clerk
John D. Lê
City Attorney
Exhibit A: 2023-2032 Housing Element | Page 1
Exhibit A – 2023-2031 Housing Element
Revised draft 2023-2031 Housing Element (February 2023) linked at:
https://www.cityofepa.org/housing/page/housing-element-update-1. [Intentionally Left Blank]
Exhibit B | Page 1
Exhibit B – Compliance with State Law Requirements
Pursuant to Government Code section 65585, subdivision (b), HCD reviewed the draft Housing Element and reported the results of its review. HCD’s review letter sent to the City on January 19, 2023 and the City’s response to HCD can be found linked at:
https://www.cityofepa.org/housing/page/housing-element-update-1.
The table attached to this Exhibit B as Attachment 1 demonstrates that the City of East Palo Alto’s Housing Element contains each of the elements mandated by State Law and as such substantially complies with Housing Element Law.
[Intentionally Left Blank]
Exhibit B, Attachment 1 | Page 1
Exhibit B, Attachment 1 – Conformance of Housing Element with State Law Requirements, Article 10.6 [65580 – 65589.11]
GOVERNMENT CODE PROVISION HOUSING ELEMENT COMPLIANCE
Section 65583
The housing element shall consist of an
identification and analysis of existing and
projected housing needs and a statement of
goals, policies, quantified objectives, financial
resources, and scheduled programs for the
preservation, improvement, and development of
housing.
Chapter 2 – Housing Needs Assessment
Appendix B1 and B2 – Housing Needs Data
Chapter 6 - Policies and Programs
The housing element shall identify adequate sites
for housing, including rental housing, factory-built
housing, mobilehomes, and emergency shelters,
and shall make adequate provision for the
existing and projected needs of all economic
segments of the community.
Chapter 5 – Sites InventoryAnalysis
Chapter 3 – Constraints Analysis
Appendix D1 – Sites Inventory
Chapter 6 – Policies and Programs
The element shall contain all of the following:
(a) An assessment of housing needs and an
inventory of resources and constraints relevant to
the meeting of these needs. The assessment and
inventory shall include all of the following:
Chapter 2 – Housing Needs Assessment
Appendix B1 and B2 – Housing Needs Data
Chapter 3 – Constraints Analysis
(a)(1) An analysis of population and employment
trends and documentation of projections
Chapter 2, Section 2.8 Employment, Jobs-toHousing Ratio and Jobs-Housing Fit; Section 2.9 Unemployment
Chapter 4 - Section III. Access to Opportunity
Appendix B1 - East Palo Alto Housing Needs
Data Report (starting at Section 4)
(a)(1) A quantification of the locality’s existing and
projected housing needs for all income levels,
including extremely low income households, as
defined in subdivision (b) of Section 50105 and
Section 50106 of the Health and Safety Code.
These existing and projected needs shall include
the locality’s share of the regional housing need in
accordance with Section 65584. Local agencies
shall calculate the subset of very low income
households allotted under Section 65584 that
Chapter 5 – Sites Inventory Analysis
Appendix B1 – Housing Needs Data Report
Exhibit B, Attachment 1 | Page 2
qualify as extremely low income households. The
local agency may either use available census
data to calculate the percentage of very low
income households that qualify as extremely low
income households or presume that 50 percent of
the very low income households qualify as
extremely low income households. The number of
extremely low income households and very low
income households shall equal the jurisdiction’s
allocation of very low income households
pursuant to Section 65584.
(a)(2) An analysis and documentation of
household characteristics, including level of
payment compared to ability to pay,
Appendix B1 – East Palo Alto Housing Needs
Data Report, Section IV
Chapter 2 – Housing Needs Assessment, Section
2.6 Chapter 4 - Section II, Integration and
Segregation
(a)(2) housing characteristics, including
overcrowding, and
Chapter 2 – Housing Needs Assessment
Chapter 4, Section IV – Disparate Housing Needs
(a)(2) housing stock condition. Chapter 2, Section 2.12.2.D Chapter 4, Section IV – Disparate Housing Needs
Appendix B, Section 5 – Housing Stock
Characteristics
(a)(3) An inventory of land suitable and available
for residential development, including vacant sites
and sites having realistic and demonstrated
potential for redevelopment during the planning
period to meet the locality’s housing need for a
designated income level, and an analysis of the
relationship of zoning and public facilities and
services to these sites, and an analysis of the
relationship of the sites identified in the land
inventory to the jurisdiction’s duty to affirmatively
further fair housing. Note: Please see Section
65583.2 regarding the land inventory.
Chapter 5 – Sites InventoryAnalysis
Appendix D1 – Sites Inventory
[Note that AB 2339 (Chapter 654, Statutes of
2022) amended Section 65583(a)(4). It does not
apply to ABAG-area housing elements unless the
first draft of the housing element is submitted to
ABAG after January 31, 2023 or a draft is
submitted after April 1, 2023. Therefore the
sections below include the statutory provisions of
Section 65583(a)(4) effective in 2022.
The City submitted its first draft Housing Element
to HCD before January 31, 2023 on October 21,
2022. Accordingly, per HCD interpretive
memorandum, dated December 29, 2022 (see
link below), the portions of the Government Code
Section 65583(a)(4) amended by AB 2339 (Ch.
654, Statutes of 2022) do not apply to the City’s
Exhibit B, Attachment 1 | Page 3
Jurisdictions adopting their housing element after
January 1, 2023 should describe why AB 2339 is
not applicable to them.]
draft Housing Element. Instead, the previous
version of Section 65583(a)(4) is analyzed below.
Assembly Bill 2339 – Legislation Effective
January 1, 2023 (ca.gov)
(a)(4)(A) The identification of a zone or zones
where emergency shelters are allowed as a
permitted use without a conditional use or other
discretionary permit. The identified zone or zones
shall include sufficient capacity to accommodate
the need for emergency shelter identified in
paragraph (7), except that each local government
shall identify a zone or zones that can
accommodate at least one year-round emergency
shelter.
Chapter 3, Section 3.1.3
Chapter 6, Policy 7.6, and Program 10.2
(a)(4)(A) If the local government cannot identify a
zone or zones with sufficient capacity, the local
government shall include a program to amend its
zoning ordinance to meet the requirements of this
paragraph within one year of the adoption of the
housing element. The local government may
identify additional zones where emergency
shelters are permitted with a conditional use
permit.
Chapter 3, Section 3.1.3
Chapter 6, Policy 7.6, and Program 10.2
(a)(4)(A) The local government shall also
demonstrate that existing or proposed permit
processing, development, and management
standards are objective and encourage and
facilitate the development of, or conversion to,
emergency shelters.
Chapter 3, Section 3.1.3
Chapter 6, Program 10.2
(a)(4)(A) Emergency shelters may only be subject
to those development and management
standards that apply to residential or commercial
development within the same zone except that a
local government may apply written, objective
standards that include all of the following:
(i) The maximum number of beds or persons
permitted to be served nightly by the facility.
(ii) Sufficient parking to accommodate all staff
working in the emergency shelter, provided that
the standards do not require more parking for
emergency shelters than other residential or
commercial uses within the same zone.
(iii) The size and location of exterior and interior
onsite waiting and client intake areas.
Chapter 3, Section 3.1.3
Chapter 6, Program 10.2
Exhibit B, Attachment 1 | Page 4
(iv) The provision of onsite management.
(v) The proximity to other emergency shelters,
provided that emergency shelters are not required
to be more than 300 feet apart.
(vi) The length of stay.
(vii) Lighting.
(viii) Security during hours that the emergency
shelter is in operation.
(a)(4)(B) The permit processing, development,
and management standards applied under this
paragraph shall not be deemed to be
discretionary acts within the meaning of the
California Environmental Quality Act (Division 13
(commencing with Section 21000) of the Public
Resources Code).
Chapter 3
Chapter 6
(a)(4)(C) A local government that can
demonstrate to the satisfaction of the department
the existence of one or more emergency shelters
either within its jurisdiction or pursuant to a
multijurisdictional agreement that can
accommodate that jurisdiction’s need for
emergency shelter identified in paragraph (7) may
comply with the zoning requirements of
subparagraph (A) by identifying a zone or zones
where new emergency shelters are allowed with a
conditional use permit.
Not applicable
(a)(4)(D) A local government with an existing
ordinance or ordinances that comply with this
paragraph shall not be required to take additional
action to identify zones for emergency shelters.
The housing element must only describe how
existing ordinances, policies, and standards are
consistent with the requirements of this
paragraph.
Chapter 3, Section 3.1.3
Chapter 6, Policy 7.6, and Program 10.2
(a)(5) An analysis of potential and actual
governmental constraints upon the maintenance,
improvement, or development of housing for all
income levels, including the types of housing
identified in paragraph (1) of subdivision (c), and
[Note: The types of housing identified in Section
65583(c)(1) include multifamily rental housing,
factory-built housing, mobilehomes, housing for
agricultural employees, supportive housing,
Chapter 3, Section 3.1
Exhibit B, Attachment 1 | Page 5
single-room occupancy units, emergency
shelters, and transitional housing.]
(a)(5) for persons with disabilities as identified in
the analysis pursuant to paragraph (7),
Chapter 3, Section 3.1
(a)(5) including land use controls, Chapter 3, Section 3.1 (a)(5) building codes and their enforcement, Chapter 3, Section 3.1 (a)(5) site improvements, Chapter 3, Section 3.1
(a)(5) fees and other exactions required of
developers,
Chapter 3, Section 3.1
(a)(5) local processing and permit procedures, Chapter 3, Section 3.1 (a)(5) and any locally adopted ordinances that
directly impact the cost and supply of residential
development.
Chapter 3, Section 3.1
(a)(5) The analysis shall also demonstrate local
efforts to remove governmental constraints that
hinder the locality from meeting its share of the
regional housing need in accordance with Section
65584
Chapter 3, Section 3.1
Chapter 6 – Policies and Programs
(a)(5) and from meeting the need for housing for
persons with disabilities, supportive housing,
transitional housing, and emergency shelters
identified pursuant to paragraph (7).
Chapter 3, Section 3.1
Chapter 6 – Policies and Programs
(a)(6) An analysis of potential and actual
nongovernmental constraints upon the
maintenance, improvement, or development of
housing for all income levels, including the
availability of financing,
Chapter 3, Section 3.3
(a)(6) the price of land, Chapter 3, Section 3.3
(a)(6) the cost of construction, Chapter 3, Section 3.3 (a)(6) the requests to develop housing at
densities below those anticipated in the analysis
required by subdivision (c) of Section 65583.2,
Chapter 3, Section 3.3
(a)(6) and the length of time between receiving
approval for a housing development and submittal
of an application for building permits for that
housing development that hinder the construction
of a locality’s share of the regional housing need
in accordance with Section 65584.
Chapter 3, Section 3.3
Exhibit B, Attachment 1 | Page 6
(a)(6) The analysis shall also demonstrate local
efforts to remove nongovernmental constraints
that create a gap between the locality’s planning
for the development of housing for all income
levels and the construction of that housing.
Chapter 3, Section 3.3
Chapter 6 – Policies and Programs
(a)(7) An analysis of any special housing needs,
such as those of the
Chapter 2 – Housing Needs Assessment
Chapter 4 – Affirmatively Furthering Fair Housing
– An Assessment of Fair Housing
Appendix B – Housing Needs Data
(a)(7) elderly; Appendix B – Housing Needs Data
(a)(7) persons with disabilities, including a
developmental disability, as defined in Section
4512 of the Welfare and Institutions Code;
Chapter 2 – Housing Needs Assessment
Chapter 3, Section 3.1
Appendix B – Housing Needs Data
(a)(7) large families; Chapter 2 – Housing Needs Assessment Appendix B – Housing Needs Data
(a)(7) farmworkers; Appendix B – Housing Needs Data
(a)(7) families with female heads of households; Chapter 2 – Housing Needs Assessment Appendix B – Housing Needs Data
(a)(7) and families and persons in need of
emergency shelter.
Chapter 2 – Housing Needs Assessment
Appendix B – Housing Needs Data
(a)(7) The need for emergency shelter shall be
assessed based on the capacity necessary to
accommodate the most recent homeless point-intime count conducted before the start of the planning period, the need for emergency shelter
based on number of beds available on a yearround and seasonal basis, the number of shelter beds that go unused on an average monthly basis
within a one-year period, and the percentage of
those in emergency shelters that move to
permanent housing solutions.
Appendix B – Housing Needs Data
(a)(7) The need for emergency shelter may be
reduced by the number of supportive housing
units that are identified in an adopted 10-year
plan to end chronic homelessness and that are
either vacant or for which funding has been
Appendix B – Housing Needs Data
Chapter 6 – Policies and Programs
Exhibit B, Attachment 1 | Page 7
identified to allow construction during the planning
period.
(a)(7) An analysis of special housing needs by a
city or county may include an analysis of the need
for frequent user coordinated care housing
services.
Appendix B – Housing Needs Data
Chapter 6 – Policies and Programs
(a)(8) An analysis of opportunities for energy
conservation with respect to residential
development. Cities and counties are encouraged
to include weatherization and energy efficiency
improvements as part of publicly subsidized
housing rehabilitation projects. This may include
energy efficiency measures that encompass the
building envelope, its heating and cooling
systems, and its electrical system.
Chapter 3, Section 3.1
(a)(9) An analysis of existing assisted housing
developments that are eligible to change from
low-income housing uses during the next 10
years due to termination of subsidy contracts,
mortgage prepayment, or expiration of restrictions
on use. “Assisted housing developments,” for the
purpose of this section, shall mean multifamily
rental housing that receives governmental
assistance under federal programs listed in
subdivision (a) of Section 65863.10, state and
local multifamily revenue bond programs, local
redevelopment programs, the federal Community
Development Block Grant Program, or local inlieu fees. “Assisted housing developments” shall also include multifamily rental units that were
developed pursuant to a local inclusionary
housing program or used to qualify for a density
bonus pursuant to Section 65915.
Chapter 2, Section 2.12
(a)(9)(A) The analysis shall include a listing of
each development by project name and address,
the type of governmental assistance received, the
earliest possible date of change from low-income
use, and the total number of elderly and
nonelderly units that could be lost from the
locality’s low-income housing stock in each year
during the 10-year period. For purposes of state
and federally funded projects, the analysis
required by this subparagraph need only contain
information available on a statewide basis.
Chapter 2, Section 2.12
(a)(9)(B) The analysis shall estimate the total cost
of producing new rental housing that is
comparable in size and rent levels, to replace the
Chapter 2, Section 2.12
Exhibit B, Attachment 1 | Page 8
units that could change from low-income use, and
an estimated cost of preserving the assisted
housing developments. This cost analysis for
replacement housing may be done aggregately
for each five-year period and does not have to
contain a project-by-project cost estimate.
(a)(9)(C) The analysis shall identify public and
private nonprofit corporations known to the local
government that have legal and managerial
capacity to acquire and manage these housing
developments.
Chapter 2, Section 2.12
(a)(9)(D) The analysis shall identify and consider
the use of all federal, state, and local financing
and subsidy programs that can be used to
preserve, for lower income households, the
assisted housing developments, identified in this
paragraph, including, but not limited to, federal
Community Development Block Grant Program
funds, tax increment funds received by a
redevelopment agency of the community, and
administrative fees received by a housing
authority operating within the community. In
considering the use of these financing and
subsidy programs, the analysis shall identify the
amounts of funds under each available program
that have not been legally obligated for other
purposes and that could be available for use in
preserving assisted housing developments.
Chapter 2, Section 2.12
(b) (1) A statement of the community’s goals,
quantified objectives, and policies relative to
affirmatively furthering fair housing and to the
maintenance, preservation, improvement, and
development of housing.
Chapter 5 – Sites Inventory Analysis
Chapter 6 – Policies and Programs
(2) It is recognized that the total housing needs
identified pursuant to subdivision (a) may exceed
available resources and the community’s ability to
satisfy this need within the content of the general
plan requirements outlined in Article 5
(commencing with Section 65300). Under these
circumstances, the quantified objectives need not
be identical to the total housing needs. The
quantified objectives shall establish the maximum
number of housing units by income category,
including extremely low income, that can be
constructed, rehabilitated, and conserved over a
five-year time period.
Chapter 5 – Sites Inventory Analysis
(c) A program that sets forth a schedule of actions
during the planning period, each with a timeline
Chapter 6 – Policies and Programs
Exhibit B, Attachment 1 | Page 9
for implementation, that may recognize that
certain programs are ongoing, such that there will
be beneficial impacts of the programs within the
planning period, that the local government is
undertaking or intends to undertake to implement
the policies and achieve the goals and objectives
of the housing element
(c) through the administration of land use and
development controls,
Chapter 6 – Policies and Programs
(c) the provision of regulatory concessions and
incentives,
Chapter 6 – Policies and Program
(c) the utilization of appropriate federal and state
financing and subsidy programs when available,
Chapter 6 – Policies and Programs
(c) and the utilization of moneys in a low- and
moderate-income housing fund of an agency if
the locality has established a redevelopment
project area pursuant to the Community
Redevelopment Law (Division 24 (commencing
with Section 33000) of the Health and Safety
Code).
Chapter 2 & Chapter 6
In order to make adequate provision for the
housing needs of all economic segments of the
community, the program shall do all of the
following:
(c)(1) Identify actions that will be taken to make
sites available during the planning period with
appropriate zoning and development standards
and with services and facilities to accommodate
that portion of the city’s or county’s share of the
regional housing need for each income level that
could not be accommodated on sites identified in
the inventory completed pursuant to paragraph
(3) of subdivision (a) without rezoning, and to
comply with the requirements of Section
65584.09.
Chapter 5 – Sites Inventory Analysis
Appendix D – Sites Inventory
Chapter 6 – Policies and Programs
(c)(1) Sites shall be identified as needed to
affirmatively further fair housing
Chapter 5 – Sites Inventory Analysis
Appendix D – Sites Inventory
Chapter 6 – Policies and Programs
(c)(1) and to facilitate and encourage the
development of a variety of types of housing for
all income levels, including multifamily rental
housing,
Chapter 5 – Sites Inventory Analysis
Appendix D – Sites Inventory
Chapter 6 – Policies and Programs
Exhibit B, Attachment 1 | Page 10
(c)(1) factory-built housing, Included under Accessory Dwelling Units (ADUs) Chapter 5 – Sites Inventory Analysis
Appendix D – Sites Inventory
Chapter 6 – Policies and Programs
(c)(1) mobilehomes, Chapter 6 – Policies and Programs
(c)(1) housing for agricultural employees, Chapter 6 – Policies and Programs (c)(1) supportive housing, Chapter 6 – Policies and Programs (c)(1) single-room occupancy units, Chapter 6 – Policies and Programs (c)(1) emergency shelters, Chapter 6 – Policies and Programs (c)(1) and transitional housing. Chapter 6 – Policies and Programs (c)(1)(A) Where the inventory of sites, pursuant to
paragraph (3) of subdivision (a), does not identify
adequate sites to accommodate the need for
groups of all household income levels pursuant to
Section 65584, rezoning of those sites, including
adoption of minimum density and development
standards, for jurisdictions with an eight-year
housing element planning period pursuant to
Section 65588, shall be completed no later than
three years after either the date the housing
element is adopted pursuant to subdivision (f) of
Section 65585 or the date that is 90 days after
receipt of comments from the department
pursuant to subdivision (b) of Section 65585,
whichever is earlier, unless the deadline is
extended pursuant to subdivision (f).
Notwithstanding the foregoing, for a local
government that fails to adopt a housing element
that the department has found to be in substantial
compliance with this article within 120 days of the
statutory deadline in Section 65588 for adoption
of the housing element, rezoning of those sites,
including adoption of minimum density and
development standards, shall be completed no
later than one year from the statutory deadline in
Section 65588 for adoption of the housing
element.
Chapter 5 – Sites Inventory Analysis
Appendix D – Sites Inventory
Chapter 6 – Policies and Programs
(c)(1)(B) Where the inventory of sites, pursuant to
paragraph (3) of subdivision (a), does not identify
adequate sites to accommodate the need for
groups of all household income levels pursuant to
Chapter 5 – Sites Inventory Analysis
Appendix D – Sites Inventory
Exhibit B, Attachment 1 | Page 11
Section 65584, the program shall identify sites
that can be developed for housing within the
planning period pursuant to subdivision (h) of
Section 65583.2. The identification of sites shall
include all components specified in Section
65583.2. Note: Please see Section 65583.2
regarding the land inventory and conformance
with subdivision (h).
Chapter 6 – Policies and Programs
(c)(1)(C) Where the inventory of sites pursuant to
paragraph (3) of subdivision (a) does not identify
adequate sites to accommodate the need for
farmworker housing, the program shall provide for
sufficient sites to meet the need with zoning that
permits farmworker housing use by right,
including density and development standards that
could accommodate and facilitate the feasibility of
the development of farmworker housing for lowand very low income households.
Chapter 5 – Sites InventoryAnalysis
Appendix D – Sites Inventory
Chapter 6 – Policies and Programs
(c)(2) Assist in the development of adequate
housing to meet the needs of extremely low, very
low, low-, and moderate-income households.
Chapter 5 – Sites Inventory Analysis
Appendix D – Sites Inventory
Chapter 6 – Policies and Programs
(c)(3) Address and, where appropriate and legally
possible, remove governmental and
nongovernmental constraints to the maintenance,
improvement, and development of housing,
including housing for all income levels
Chapter 6 – Policies and Programs
(c)(3) 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.
Chapter 6 – Policies and Programs
(c)(3) Transitional housing and supportive housing
shall be considered a residential use of property
and shall be subject only to those restrictions that
apply to other residential dwellings of the same
type in the same zone.
Chapter 6 – Policies and Programs
(c)(3) Supportive housing, as defined in Section
65650, shall be a use by right in all zones where
multifamily and mixed uses are permitted, as
provided in Article 11 (commencing with Section
65650).
Chapter 3
Chapter 6 – Policies and Programs
(c)(4) Conserve and improve the condition of the
existing affordable housing stock, which may
include addressing ways to mitigate the loss of
Chapter 2 & Chapter 6 – Policies and Programs
Exhibit B, Attachment 1 | Page 12
dwelling units demolished by public or private
action.
(c)(5) Promote and affirmatively further fair
housing opportunities and promote housing
throughout the community or communities for all
persons regardless of race, religion, sex, marital
status, ancestry, national origin, color, familial
status, or disability, and other characteristics
protected by the California Fair Employment and
Housing Act (Part 2.8 (commencing with Section
12900) of Division 3 of Title 2), Section 65008,
and any other state and federal fair housing and
planning law.
Chapter 5 – Sites Inventory Analysis
Appendix D – Sites Inventory
Chapter 6 – Policies and Programs
(c)(6) Preserve for lower income households the
assisted housing developments identified
pursuant to paragraph (9) of subdivision (a).
Chapter 6 – Policies and Programs
(c)(6) The program for preservation of the
assisted housing developments shall utilize, to the
extent necessary, all available federal, state, and
local financing and subsidy programs identified in
paragraph (9) of subdivision (a), except where a
community has other urgent needs for which
alternative funding sources are not available.
Chapter 2 & Chapter 6 – Policies and Program
(c)(6) The program may include strategies that
involve local regulation and technical assistance.
Chapter 6 – Policies and Programs
(c)(7) Develop a plan that incentivizes and
promotes the creation of accessory dwelling units
that can be offered at affordable rent, as defined
in Section 50053 of the Health and Safety Code,
for very low, low-, or moderate-income
households. For purposes of this paragraph,
“accessory dwelling units” has the same meaning
as “accessory dwelling unit” as defined in
paragraph (4) of subdivision (i) of Section
65852.2.\
Chapter 5 – Sites Inventory Analysis
Appendix D – Sites Inventory
Chapter 6 – Policies and Programs
(c)(8) Include an identification of the agencies and
officials responsible for the implementation of the
various actions and the means by which
consistency will be achieved with other general
plan elements and community goals.
Chapter 6 – Policies and Programs, interspersed
throughout
(c)(9) Include a diligent effort by the local
government to achieve public participation of all
economic segments of the community in the
development of the housing element, and the
program shall describe this effort.
Chapter 6 – Policies and Programs
Exhibit B, Attachment 1 | Page 13
(c)(10)(A) Affirmatively further fair housing in
accordance with Chapter 15 (commencing with
Section 8899.50) of Division 1 of Title 2. The
program shall include an assessment of fair
housing in the jurisdiction that shall include all of
the following components:
Chapter 4 - Affirmatively Furthering Fair Housing
– An Assessment of Fair Housing
Chapter 6 – Policies and Programs
(c)(10)(A)(i) A summary of fair housing issues in
the jurisdiction
Chapter 4 - Affirmatively Furthering Fair Housing
– An Assessment of Fair Housing
(c)(10)(A)(i) and an assessment of the
jurisdiction’s fair housing enforcement and fair
housing outreach capacity.
Chapter 4 - Affirmatively Furthering Fair Housing
– An Assessment of Fair Housing
(c)(10)(A)(ii) An analysis of available federal,
state, and local data and knowledge to identify
integration and segregation patterns and trends,
Chapter 4 - Affirmatively Furthering Fair Housing
– An Assessment of Fair Housing
(c)(10)(A)(ii) racially or ethnically concentrated
areas of poverty and affluence,
Chapter 4 - Affirmatively Furthering Fair Housing
– An Assessment of Fair Housing
(c)(10)(A)(ii) disparities in access to opportunity, Chapter 4 - Affirmatively Furthering Fair Housing – An Assessment of Fair Housing
(c)(10)(A)(ii) and disproportionate housing needs, Chapter 2 – Housing Needs Assessment Chapter 4 - Affirmatively Furthering Fair Housing
– An Assessment of Fair Housing
Appendix B – Housing Needs Data
(c)(10)(A)(ii) including displacement risk. Chapter 2 – Housing Needs Assessment Chapter 4 - Affirmatively Furthering Fair Housing
– An Assessment of Fair Housing
(c)(10)(A)(ii) The analysis shall identify and
examine such patterns, trends, areas, disparities,
and needs, both within the jurisdiction.
Chapter 2 – Housing Needs Assessment
Chapter 4 - Affirmatively Furthering Fair Housing
– An Assessment of Fair Housing
(c)(10)(A)(ii) and comparing the jurisdiction to the
region in which it is located, based on race and
other characteristics protected by the California
Fair Employment and Housing Act (Part 2.8
(commencing with Section 12900) of Division 3 of
Title 2) and Section 65008.
Chapter 2 – Housing Needs Assessment
Chapter 4 - Affirmatively Furthering Fair Housing
– An Assessment of Fair Housing
(c)(10)(A)(iii) An assessment of the contributing
factors, including the local and regional historical
origins
Chapter 2 – Housing Needs Assessment
Chapter 4 - Affirmatively Furthering Fair Housing
– An Assessment of Fair Housing
Exhibit B, Attachment 1 | Page 14
(c)(10)(A)(iii) and current policies and practices,
for the fair housing issues identified under clauses
(i) and (ii).
Chapter 4 - Affirmatively Furthering Fair Housing
– An Assessment of Fair Housing
Chapter 6 – Policies and Programs
(c)(10)(A)(iv) An identification of the jurisdiction’s
fair housing priorities and goals, giving highest
priority to those factors identified in clause (iii) that limit or deny fair housing choice or access to
opportunity, or negatively impact fair housing or
civil rights compliance,
Chapter 4 - Affirmatively Furthering Fair Housing
– An Assessment of Fair Housing
Chapter 6 – Policies and Programs
(c)(10)(A)(iv) and identifying the metrics and
milestones for determining what fair housing
results will be achieved.
Chapter 6 – Policies and Programs
Chapter 2, Section 2.12.5.A – City Funding
Sources
(c)(10)(A)(v) Strategies and actions to implement
those priorities and goals, which may include, but
are not limited to, enhancing mobility strategies
Chapter 6 – Policies and Programs (the Colibri
Commons/965 Weeks and LightTree projects
enhance mobility strategies)
(c)(10)(A)(v) and encouraging development of
new affordable housing in areas of opportunity,
Chapter 6 – Policies and Programs
Chapter 5 – Sites Inventory Analysis
Appendix D – Sites Inventory
(c)(10)(A)(v) as well as place-based strategies to
encourage community revitalization, including
preservation of existing affordable housing,
Chapter 6 – Policies and Programs
(c)(10)(A)(v) and protecting existing residents
from displacement.
Chapter 6 – Policies and Programs
(c)(10)(B) A jurisdiction that completes or revises
an assessment of fair housing pursuant to
Subpart A (commencing with Section 5.150) of
Part 5 of Subtitle A of Title 24 of the Code of
Federal Regulations, as published in Volume 80
of the Federal Register, Number 136, page
42272, dated July 16, 2015, or an analysis of
impediments to fair housing choice in accordance
with the requirements of Section 91.225 of Title
24 of the Code of Federal Regulations in effect
before August 17, 2015, may incorporate relevant
portions of that assessment or revised
assessment of fair housing or analysis or revised
analysis of impediments to fair housing into its
housing element.
N/A - City does not currently receive federal
funds. See Chapter 6 – Policies and Programs.
Exhibit B, Attachment 1 | Page 15
(c)(10)(C) The requirements of this paragraph
shall apply to housing elements due to be revised
pursuant to Section 65588 on or after January 1,
2021.
(d)(1) A local government may satisfy all or part of
its requirement to identify a zone or zones
suitable for the development of emergency
shelters pursuant to paragraph (4) of subdivision
(a) by adopting and implementing a
multijurisdictional agreement, with a maximum of
two other adjacent communities, that requires the
participating jurisdictions to develop at least one
year-round emergency shelter within two years of
the beginning of the planning period.
N/A
(d)(2) The agreement shall allocate a portion of
the new shelter capacity to each jurisdiction as
credit toward its emergency shelter need, and
each jurisdiction shall describe how the capacity
was allocated as part of its housing element.
N/A
(d)(3) Each member jurisdiction of a
multijurisdictional agreement shall describe in its
housing element all of the following:
N/A
(d)(3)(A) How the joint facility will meet the
jurisdiction’s emergency shelter need.
(d)(3)(B) The jurisdiction’s contribution to the
facility for both the development and ongoing
operation and management of the facility.
(d)(3)(C) The amount and source of the funding
that the jurisdiction contributes to the facility.
N/A
(d)(4) The aggregate capacity claimed by the
participating jurisdictions in their housing
elements shall not exceed the actual capacity of
the shelter.
N/A
(e) Except as otherwise provided in this article,
amendments to this article that alter the required
content of a housing element shall apply to both
of the following: [Note that this provision is
applicable to AB 2339 (Chapter 654, Statutes of
2022), which amended Section 65583(a)(4).
Jurisdictions adopting their housing element after
January 1, 2023 should describe why this
amendment is not applicable to them.]
Not applicable – submitted draft Housing Element
to HCD with allowance for 90-day review period
before 1/31/2023 deadline.
Exhibit B, Attachment 1 | Page 16
(1) A housing element or housing element
amendment prepared pursuant to subdivision (e)
of Section 65588 or Section 65584.02, when a
city, county, or city and county submits a draft to
the department for review pursuant to Section
65585 more than 90 days after the effective date
of the amendment to this section.
Not applicable – submitted draft Housing Element
to HCD with allowance for 90-day review period
before 1/31/2023 deadline.
(2) Any housing element or housing element
amendment prepared pursuant to subdivision (e)
of Section 65588 or Section 65584.02, when the
city, county, or city and county fails to submit the
first draft to the department before the due date
specified in Section 65588 or 65584.02.
Not applicable – submitted draft Housing Element
to HCD with allowance for 90-day review period
before 1/31/2023 deadline.
(f) – (j): Not applicable Not applicable – submitted draft Housing Element to HCD with allowance for 90-day review period
before 1/31/2023 deadline.
Section 65583.1(a)
(a) The Department of Housing and Community
Development, in evaluating a proposed or
adopted housing element for substantial
compliance with this article, … may also allow a
city or county to identify sites for accessory
dwelling units based on the number of accessory
dwelling units developed in the prior housing
element planning period whether or not the units
are permitted by right, the need for these units in
the community, the resources or incentives
available for their development, and any other
relevant factors, as determined by the
department.
Chapter 5 – Sites Inventory Analysis
(b) Sites that contain permanent housing units
located on a military base undergoing closure or
conversion as a result of action pursuant to the
Defense Authorization Amendments and Base
Closure and Realignment Act (Public Law 100-
526), the Defense Base Closure and Realignment
Act of 1990 (Public Law 101-510), or any
subsequent act requiring the closure or
conversion of a military base may be identified as
an adequate site if the housing element
demonstrates that the housing units will be
available for occupancy by households within the
planning period of the element. No sites
containing housing units scheduled or planned for
demolition or conversion to nonresidential uses
shall qualify as an adequate site.
N/A
Exhibit B, Attachment 1 | Page 17
Note: If communities are using the provisions of
Section 65583.1(c), which allow RHNA credit for
conversion of non-affordable to affordable
housing and for preservation of existing affordable
housing at risk of loss, the applicable provisions
need to be added to this table.
N/A
Section 65583.2
(a) A city’s or county’s inventory of land suitable
for residential development pursuant to paragraph
(3) of subdivision (a) of Section 65583 shall be
used to identify sites throughout the community,
consistent with paragraph (10) of subdivision (c)
of Section 65583,
Chapter 5 – Sites Inventory Analysis
(a) that can be developed for housing within the
planning period and that are sufficient to provide
for the jurisdiction’s share of the regional housing
need for all income levels pursuant to Section
65584. As used in this section, “land suitable for
residential development” includes all of the
following sites that meet the standards set forth in
subdivisions (c) and (g):
Chapter 5 – Sites Inventory Analysis
(a)(1) Vacant sites zoned for residential use. Chapter 5 – Sites Inventory Analysis Appendix D – Sites Inventory
(a)(2) Vacant sites zoned for nonresidential use
that allows residential development.
Chapter 5 – Sites Inventory Analysis
Appendix D – Sites Inventory
(a)(3) Residentially zoned sites that are capable
of being developed at a higher density, including
sites owned or leased by a city, county, or city and
county
Chapter 5 – Sites Inventory Analysis
Appendix D – Sites Inventory
(a)(4) Sites zoned for nonresidential use that can
be redeveloped for residential use, and for which
the housing element includes a program to
rezone the site, as necessary, rezoned for, to
permit residential use, including sites owned or
leased by a city, county, or city and county.
Appendix D – Sites Inventory
(b) The inventory of land shall include all of the
following:
(b)(1) A listing of properties by assessor parcel
number.
Appendix D – Sites Inventory
Exhibit B, Attachment 1 | Page 18
(b)(2) The size of each property listed pursuant to
paragraph (1), and the general plan designation
and zoning of each property.
Appendix D – Sites Inventory
(b)(3) For nonvacant sites, a description of the
existing use of each property.
Appendix D – Sites Inventory
(b)(3) If a site subject to this paragraph is owned
by the city or county, the description shall also
include whether there are any plans to dispose of
the property during the planning period and how
the city or county will comply with Article 8
(commencing with Section 54220) of Chapter 5 of
Part 1 of Division 2 of Title 5.
Chapter 5 – Sites Inventory Analysis
Appendix D – Sites Inventory
(b)(4) A general description of any environmental
constraints to the development of housing within
the jurisdiction, the documentation for which has
been made available to the jurisdiction. This
information need not be identified on a sitespecific basis.
Chapter 3 – Housing Constraints
Appendix D – Sites Inventory
(b)(5)(A) A description of existing or planned
water, sewer, and other dry utilities supply,
including the availability and access to distribution
facilities.
Chapter 3 – Section 3.2 Infrastructure Constraints
Appendix D – Sites Inventory
Chapter 6 – Policies and Programs
(b)(5)(B) Parcels included in the inventory must
have sufficient water, sewer, and dry utilities
supply available and accessible to support
housing development or be included in an existing
general plan program or other mandatory
program or plan, including a program or plan of a
public or private entity providing water or sewer
service, to secure sufficient water, sewer, and dry
utilities supply to support housing development.
This paragraph does not impose any additional
duty on the city or county to construct, finance, or
otherwise provide water, sewer, or dry utilities to
parcels included in the inventory.
Appendix D – Sites Inventory
Chapter 3 – Housing Constraints
Chapter 6 – Policies and Programs
(b)(6) Sites identified as available for housing for
above moderate-income households in areas not
served by public sewer systems. This information
need not be identified on a site-specific basis.
Chapter 5 – Sites Inventory Analysis
Appendix D – Sites Inventory
(b)(7) A map that shows the location of the sites
included in the inventory, such as the land use
map from the jurisdiction’s general plan, for
reference purposes only.
Chapter 5 – Sites Inventory Analysis
Exhibit B, Attachment 1 | Page 19
(c) Based on the information provided in
subdivision (b), a city or county shall determine
whether each site in the inventory can
accommodate the development of some portion
of its share of the regional housing need by
income level during the planning period, as
determined pursuant to Section 65584. The
inventory shall specify for each site the number of
units that can realistically be accommodated on
that site and whether the site is adequate to
accommodate lower income housing, moderateincome housing, or above moderate-income housing.
Chapter 5 – Sites Inventory Analysis
Appendix D – Sites Inventory for site-by-site
details
(c) A nonvacant site identified pursuant to
paragraph (3) or (4) of subdivision (a) in a prior
housing element and a vacant site that has been
included in two or more consecutive planning
periods that was not approved to develop a
portion of the locality’s housing need shall not be
deemed adequate to accommodate a portion of
the housing need for lower income households
that must be accommodated in the current
housing element planning period unless the site is
zoned at residential densities consistent with
paragraph (3) of this subdivision and the site is
subject to a program in the housing element
requiring rezoning within three years of the
beginning of the planning period to allow
residential use by right for housing developments
in which at least 20 percent of the units are
affordable to lower income households. An
unincorporated area in a nonmetropolitan county
pursuant to clause (ii) of subparagraph (B) of
paragraph (3) shall not be subject to the
requirements of this subdivision to allow
residential use by right.
N/A
(c) Notwithstanding the foregoing, for a local
government that fails to adopt a housing element
that the department has found to be in substantial
compliance with state law within 120 days of the
statutory deadline in Section 65588 for adoption
of the housing element, rezoning pursuant to this
subdivision shall be completed no later than one
year from the statutory deadline in Section 65588
for adoption of the housing element.
(c) The analysis shall determine whether the
inventory can provide for a variety of types of
housing, including multifamily rental housing,
Appendix D, Site by Site
Exhibit B, Attachment 1 | Page 20
(c) factory-built housing, mobilehomes, Appendix D, Site by Site (c) housing for agricultural employees, supportive
housing,
Appendix D, Site by Site
(c) single-room occupancy units, Appendix D, Site by Site (c) emergency shelters, and Appendix D, Site by Site
(c) transitional housing Appendix D, Site by Site
(c) and whether the inventory affirmatively furthers
fair housing.
Appendix D, Site by Site
(c) The city or county shall determine the number
of housing units that can be accommodated on
each site as follows:
(c)(1) If local law or regulations require the
development of a site at a minimum density, the
department shall accept the planning agency’s
calculation of the total housing unit capacity on
that site based on the established minimum
density. If the city or county does not adopt a law
or regulation requiring the development of a site
at a minimum density, then it shall demonstrate
how the number of units determined for that site
pursuant to this subdivision will be
accommodated.
Appendix D, Site by Site
(c)(2) The number of units calculated pursuant to
paragraph (1) shall be adjusted as necessary,
based on the land use controls and site
improvements requirement identified in paragraph
(5) of subdivision (a) of Section 65583,
Appendix D, Site by Site
(c)(2) the realistic development capacity for the
site,
Appendix D, Site by Site
(c)(2) typical densities of existing or approved
residential developments at a similar affordability
level in that jurisdiction,
Appendix D, Site by Site
(c)(2) and on the current or planned availability
and accessibility of sufficient water, sewer, and
dry utilities.
Appendix D, Site by Site
(c)(2)(A) A site smaller than half an acre shall not
be deemed adequate to accommodate lower
income housing need unless the locality can
demonstrate that sites of equivalent size were
successfully developed during the prior planning
Appendix D, Site by Site
Exhibit B, Attachment 1 | Page 21
period for an equivalent number of lower income
housing units as projected for the site or unless
the locality provides other evidence to the
department that the site is adequate to
accommodate lower income housing.
(c)(2)(B) A site larger than 10 acres shall not be
deemed adequate to accommodate lower income
housing need unless the locality can demonstrate
that sites of equivalent size were successfully
developed during the prior planning period for an
equivalent number of lower income housing units
as projected for the site or unless the locality
provides other evidence to the department that
the site can be developed as lower income
housing.
Appendix D, Site by Site
(c)(2)(B) For purposes of this subparagraph, “site”
means that portion of a parcel or parcels
designated to accommodate lower income
housing needs pursuant to this subdivision.
Appendix D, Site by Site
(c)(2)(C) A site may be presumed to be realistic
for development to accommodate lower income
housing need if, at the time of the adoption of the
housing element, a development affordable to
lower income households has been proposed and
approved for development on the site.
Appendix D, Site by Site
(c)(3) For the number of units calculated to
accommodate its share of the regional housing
need for lower income households pursuant to
paragraph (2), a city or county shall do either of
the following:
(c)(3)(A) Provide an analysis demonstrating how
the adopted densities accommodate this need.
The analysis shall include, but is not limited to,
factors such as market demand, financial
feasibility, or information based on development
project experience within a zone or zones that
provide housing for lower income households.
Chapter 5 – Sites InventoryAnalysis
Appendix D, Site by Site
(c)(3)(B) The following densities shall be deemed
appropriate to accommodate housing for lower
income households:
(i) For an incorporated city within a
nonmetropolitan county and for a nonmetropolitan
county that has a micropolitan area: sites allowing
at least 15 units per acre.
Chapter 5 – Sites Inventory Analysis
Appendix D, Site by Site
Inclusionary Housing Ordinance
Exhibit B, Attachment 1 | Page 22
(ii) For an unincorporated area in a
nonmetropolitan county not included in clause (i):
sites allowing at least 10 units per acre.
(iii) For a suburban jurisdiction: sites allowing at
least 20 units per acre.
(iv) For a jurisdiction in a metropolitan county:
sites allowing at least 30 units per acre.
(4)(A) For a metropolitan jurisdiction:
(4)(A)(i) At least 25 percent of the jurisdiction’s
share of the regional housing need for moderateincome housing shall be allocated to sites with zoning that allows at least 4 units of housing, but
not more than 100 units per acre of housing.
Chapter 5 – Sites Inventory Analysis
(4)(A)(ii) At least 25 percent of the jurisdiction’s
share of the regional housing need for above
moderate-income housing shall be allocated to
sites with zoning that allows at least 4 units of
housing.
Chapter 5 – Sites Inventory Analysis
(B) The allocation of moderate-income and above
moderate-income housing to sites pursuant to this
paragraph shall not be a basis for the jurisdiction
to do either of the following:
(i) Deny a project that does not comply with the
allocation.
(ii) Impose a price minimum, price maximum,
price control, or any other exaction or condition of
approval in lieu thereof. This clause does not
prohibit a jurisdiction from imposing any price
minimum, price maximum, price control, exaction,
or condition in lieu thereof, pursuant to any other
law.
(iii) The provisions of this subparagraph do not
constitute a change in, but are declaratory of,
existing law with regard to the allocation of sites
pursuant to this section.
N/A
(C) This paragraph does not apply to an
unincorporated area.
N/A
(D) For purposes of this paragraph: N/A
Exhibit B, Attachment 1 | Page 23
(i) “Housing development project” has the same
meaning as defined in paragraph (2) of
subdivision (h) of Section 65589.5.
N/A
(ii) “Unit of housing” does not include an
accessory dwelling unit or junior accessory
dwelling unit that could be approved pursuant to
Section 65852.2 or Section 65852.22 or through a
local ordinance or other provision implementing
either of those sections. This paragraph shall not
limit the ability of a local government to count the
actual production of accessory dwelling units or
junior accessory dwelling units in an annual
progress report submitted pursuant to Section
65400 or other progress report as determined by
the department.
Appendix D, Site by Site methodology
(E) Nothing in this subdivision shall preclude the
subdivision of a parcel, provided that the
subdivision is subject to the Subdivision Map Act
(Division 2 (commencing with Section 66410)) or
any other applicable law authorizing the
subdivision of land.
Appendix D, SB 9 divisible lots
(d) For purposes of this section, a metropolitan
county, nonmetropolitan county, and
nonmetropolitan county with a micropolitan area
shall be as determined by the United States
Census Bureau. A nonmetropolitan county with a
micropolitan area includes the following counties:
Del Norte, Humboldt, Lake, Mendocino, Nevada,
Tehama, and Tuolumne and other counties as
may be determined by the United States Census
Bureau to be nonmetropolitan counties with
micropolitan areas in the future.
N/A
(e) (1) Except as provided in paragraph (2), a
jurisdiction shall be considered suburban if the
jurisdiction does not meet the requirements of
clauses (i) and (ii) of subparagraph (B) of
paragraph (3) of subdivision (c) and is located in a
Metropolitan Statistical Area (MSA) of less than
2,000,000 in population, unless that jurisdiction’s
population is greater than 100,000, in which case
it shall be considered metropolitan. A county, not
including the City and County of San Francisco,
shall be considered suburban unless the county is
in an MSA of 2,000,000 or greater in population in
which case the county shall be considered
metropolitan.
N/A
Exhibit B, Attachment 1 | Page 24
(2)(A)(i) Notwithstanding paragraph (1), if a
county that is in the San Francisco-OaklandFremont California MSA has a population of less than 400,000, that county shall be considered
suburban. If this county includes an incorporated
city that has a population of less than 100,000,
this city shall also be considered suburban. This
paragraph shall apply to a housing element
revision cycle, as described in subparagraph (A)
of paragraph (3) of subdivision (e) of Section
65588, that is in effect from July 1, 2014, to
December 31, 2028, inclusive.
N/A
(2)(A)(ii) A county subject to this subparagraph
shall utilize the sum existing in the county’s
housing trust fund as of June 30, 2013, for the
development and preservation of housing
affordable to low- and very low income
households.
N/A
(2)(B) A jurisdiction that is classified as suburban
pursuant to this paragraph shall report to the
Assembly Committee on Housing and Community
Development, the Senate Committee on Housing,
and the Department of Housing and Community
Development regarding its progress in developing
low- and very low income housing consistent with
the requirements of Section 65400. The report
shall be provided three times: once, on or before
December 31, 2019, which report shall address
the initial four years of the housing element cycle,
a second time, on or before December 31, 2023,
which report shall address the subsequent four
years of the housing element cycle, and a third
time, on or before December 31, 2027, which
report shall address the subsequent four years of
the housing element cycle and the cycle as a
whole. The reports shall be provided consistent
with the requirements of Section 9795.
N/A
(f) A jurisdiction shall be considered metropolitan
if the jurisdiction does not meet the requirements
for “suburban area” above and is located in an
MSA of 2,000,000 or greater in population, unless
that jurisdiction’s population is less than 25,000 in
which case it shall be considered suburban.
(g)(1) For sites described in paragraph (3) of
subdivision (b) [non-vacant sites], the city or
county shall specify the additional development
potential for each site within the planning period
and shall provide an explanation of the
Appendix D, Site by Site
Exhibit B, Attachment 1 | Page 25
methodology used to determine the development
potential.
(g)(1) The methodology shall consider factors
including the extent to which existing uses may
constitute an impediment to additional residential
development,
Appendix D, Site by Site
(g)(1) the city’s or county’s past experience with
converting existing uses to higher density
residential development,
Chapter 5 – Sites Inventory Analysis
Appendix D, Site by Site
Chapter 6 – Policies and Programs
(g)(1) the current market demand for the existing
use,
Chapter 5 – Sites Inventory Analysis
Appendix D, Site by Site
Chapter 2, Section 2.7 - Dramatic Shifts in
Housing Market
(g)(1) an analysis of any existing leases or other
contracts that would perpetuate the existing use
or prevent redevelopment of the site for additional
residential development,
Chapter 5 – Sites Inventory Analysis
Appendix D, Site by Site
(g)(1) development trends, Chapter 2 – Housing Needs Assessment Chapter 5 – Sites Inventory Analysis
Appendix D – Sites Inventory
(g)(1) market conditions, Chapter 2 – Housing Needs Assessment (g)(1) and regulatory or other incentives or
standards to encourage additional residential
development on these sites.
Chapter 6 – Policies and Programs
(g)(2) In addition to the analysis required in
paragraph (1), when a city or county is relying on
nonvacant sites described in paragraph (3) of
subdivision (b) to accommodate 50 percent or
more of its housing need for lower income
households, the methodology used to determine
additional development potential shall
demonstrate that the existing use identified
pursuant to paragraph (3) of subdivision (b) does
not constitute an impediment to additional
residential development during the period covered
by the housing element. An existing use shall be
presumed to impede additional residential
Chapter 5 – Sites Inventory Analysis
Appendix D – Sites Inventory
Exhibit B, Attachment 1 | Page 26
development, absent findings based on
substantial evidence that the use is likely to be
discontinued during the planning period.
(g)(3) Notwithstanding any other law, and in
addition to the requirements in paragraphs (1)
and (2), sites that currently have residential uses,
or within the past five years have had residential
uses that have been vacated or demolished, that
are or were subject to a recorded covenant,
ordinance, or law that restricts rents to levels
affordable to persons and families of low or very
low income, subject to any other form of rent or
price control through a public entity’s valid
exercise of its police power, or occupied by low or
very low income households, shall be subject to a
policy requiring the replacement of all those units
affordable to the same or lower income level as a
condition of any development on the site.
Replacement requirements shall be consistent
with those set forth in paragraph (3) of subdivision
(c) of Section 65915.
Chapter 5 – Sites Inventory Analysis
Appendix D – Sites Inventory
(h) The program required by subparagraph (A) of
paragraph (1) of subdivision (c) of Section 65583
shall accommodate 100 percent of the need for
housing for very low and low-income households
allocated pursuant to Section 65584 for which site
capacity has not been identified in the inventory of
sites pursuant to paragraph (3) of subdivision (a)
on sites that shall be zoned to permit owneroccupied and rental multifamily residential use by right for developments in which at least 20
percent of the units are affordable to lower
income households during the planning period.
Chapter 5 – Sites Inventory Analysis
Appendix D – Sites Inventory
(h) These sites shall be zoned with minimum
density and development standards that permit at
least
Chapter 5 – Sites Inventory Analysis
Appendix D – Sites Inventory
(h) 16 units per site at a density of at least 16
units per acre in jurisdictions described in clause
(i) of subparagraph (B) of paragraph (3) of
subdivision (c),
Chapter 5 – Sites Inventory Analysis
Appendix D – Sites Inventory
(h) shall be at least 20 units per acre in
jurisdictions described in clauses (iii) and (iv) of
subparagraph (B) of paragraph (3) of subdivision
(c)
Chapter 5 – Sites Inventory Analysis
Appendix D – Sites Inventory
(h) and shall meet the standards set forth in
subparagraph (B) of paragraph (5) of subdivision
(b).
Chapter 5 – Sites Inventory Analysis
Appendix D – Sites Inventory
Exhibit B, Attachment 1 | Page 27
(h) At least 50 percent of the very low and lowincome housing need shall be accommodated on sites designated for residential use and for which
nonresidential uses or mixed uses are not
permitted, except that a city or county may
accommodate all of the very low and low-income
housing need on sites designated for mixed uses
if those sites allow 100 percent residential use
and require that residential use occupy 50 percent
of the total floor area of a mixed-use project.
Chapter 5 – Sites Inventory Analysis
Appendix D – Sites Inventory
(i) For purposes of this section and Section
65583, the phrase “use by right” shall mean that
the local government’s review of the owneroccupied or multifamily residential use may not require a conditional use permit, planned unit
development permit, or other discretionary local
government review or approval that would
constitute a “project” for purposes of Division 13
(commencing with Section 21000) of the Public
Resources Code. Any subdivision of the sites
shall be subject to all laws, including, but not
limited to, the local government ordinance
implementing the Subdivision Map Act.
Chapter 5 – Sites Inventory Analysis
Appendix D – Sites Inventory
Chapter 6 – Policies and Programs
(i) A local ordinance may provide that “use by
right” does not exempt the use from design
review. However, that design review shall not
constitute a “project” for purposes of Division 13
(commencing with Section 21000) of the Public
Resources Code.
Chapter 6 – Policies and Programs
(i) Use by right for all rental multifamily residential housing shall be provided in accordance with
subdivision (f) of Section 65589.5.
Chapter 6 – Policies and Programs
(j) Notwithstanding any other provision of this
section, within one-half mile of a Sonoma-Marin
Area Rail Transit station, housing density
requirements in place on June 30, 2014, shall
apply.
N/A
Exhibit C | Page 1
Exhibit C
NOTICE OF EXEMPTION
TO: Office of Planning and Research
PO Box 3044, Room 212
Sacramento, CA 95812
County Clerk
County of San Mateo
555 County Center
Redwood City, CA 94063
FROM: City of East Palo Alto
1960 Tate Street
East Palo Alto, CA 94303
Attn: Karen Camacho, Housing and Economic Development Manager PROJECT TITLE: East Palo Alto 2023-2031 Housing Element PROJECT LOCATION (SPECIFIC): City-wide
PROJECT LOCATION (CITY AND COUNTY): East Palo Alto, San Mateo County PROJECT DESCRIPTION:
The City of East Palo Alto Housing Element 2023-2031 includes the City’s overall Housing Workplan, which addresses the City’s identified housing needs and includes goals, policies, and programs concerning housing and housing-related services. A central component to the plan is the City’s approach to addressing its share of the regional housing need (RHNA). The 2023-2031 Housing Element (RHNA 6) is a comprehensive review and update to the previous Housing Element which covered the 5th Cycle 2015-2022 planning period (RHNA 5). This update addresses all subjects required by Section 65583 of the Government Code, but also provides a focused, in-depth snapshot of the City’s changing demographics, economics and urban characteristics. The update addresses and updates city-specific market shifts, risk of displacement, income and affordability, constraints to housing, a fair housing assessment and affirmation, detailed inventory of housing projects and sites, and a progress report from the perspective of the RHNA 5 Housing element period.
To satisfy and meet their RHNA allocation, the City prepared a parcel-specific land inventory that includes sites capable of accommodating the RHNA allocation through a variety of methods, including: (1) identification of additional increased capacity on existing, residentially zoned sites; (2) identification of residential property for potential rezoning to higher-density residential primary use; (3) identification of non-residential property for rezoning to residential primary use; (4) development of approved and/or anticipated projects which do not have certificates of occupancy; Exhibit C | Page 2
and (5) future development of accessory dwelling units (ADUs). The total number of units, by income category, must meet or exceed the City’s RHNA.
For the eight-year planning cycle, the City’s 6th Cycle RHNA allocation is 829 additional housing units, including: 159 moderate-income units, 410 above moderate-income units, 165 very lowincome units, and 95 low-income units.
The number of total estimated units over the RHNA 6 period from all sites included in the Sites Inventory, also referred to as “Housing Opportunity Sites,” is summarized in Table 1 below. These Housing Opportunity Sites serve as quantified objectives because they provide the maximum number of housing units that can be constructed and redeveloped in the City over an eight-year timeframe. For the 2023-2031 housing cycle, the city’s quantified objectives for construction are 1,794 units, with 704 of those being affordable to East Palo Alto residents (very low income or low income).
Table 1: Total Units from Sites Inventory Sites vs. RHNA 6 VLI LI MOD Above-Mod Total
Housing
Opportunity
Sites
461 243 341 749 1794
RHNA 6 165 95 159 410 829
Difference 296 148 182 339 965
Percentage
difference 179% over 156% over 114% over 83% over 116% over Source: Housing Element Table 5.1.A. Assumed 125 additional ADU’s (30% VLI, 30% LI, 30% MOD, and 10% AboveMod) based on prior years’ ADU counts.
The East Palo Alto Sites Inventory or Housing Opportunity Sites contains many “pipeline units,” or units within projects that have been entitled or received SB 35 Zoning Clearance, and that are expected to apply for a building permit or begin construction after July 1, 2022, or in subsequent years. All such units are included in the Sites Inventory and will count towards the 6th RHNA cycle.
Taking these unit counts into consideration, the City can meet or exceed the RHNA in every category.
For other sites in the Sites Inventory, there is an active development application with a high level of confidence they will lead to the construction of new units within the eight-year Housing Element cycle (2023-2031), such as the Ravenswood Business District Specific Plan. Or, there is significant developer interest and potential feasibility, but the ability to develop residen tial units relies on a rezoning of the parcel. For these reasons, the development proposal or preapplication was used to calculate the realistic capacity of certain sites.
The 2023-2031 Housing Element includes policies that would accommodate implementation measures to meet and exceed the City’s RHNA allocation. The Project does not include the actual implementation measures and/or development of the housing units, which would be subject to future environmental evaluation as a part of the City’s normal development review process.
Exhibit C | Page 3
NAME OF PUBLIC AGENCY APPROVING PROJECT:
City of East Palo Alto
NAME OF PERSON OR AGENCY CARRYING OUT THE PROJECT:
City of East Palo Alto
EXEMPT STATUS:
State CEQA Guidelines Section 15061(b)(3) common sense exemption FINDINGS AND REASONS WHY PROJECT IS EXEMPT:
The Project is exempt under State CEQA Guidelines Section 15061(b)(3) common sense exemption, because the Project involves the City’s policies and programs to update its Housing Element and meet its RHNA allocation that either: would not cause a significant physical effect on the environment; the RHNA allocation could be met with projects are have been or will be analyzed under CEQA associated with normal application processing; or reflect policies that that are consistent with and have been adequately analyzed within the City of East Palo Alto General Plan Vista 2035 EIR (SCH No. 2014092027).
Given its nature and scope, the proposed 2023-2031 Housing Element programs and policies would not result in direct or indirect physical environmental impacts. Specifically, the 2023-2031 Housing Element does not grant any development entitlements or authorize development beyond what is allowed under the City’s current General Plan and Zoning Code (Municipal Code Title 18). Future housing development pursuant to the 2023-2031 Housing Element would be subject to compliance with the established regulatory framework, namely federal, State, regional, and local (i.e., General Plan policies, Municipal Code standards, and Standard Conditions of Approval). While by-right housing projects may be exempt from CEQA, all future housing development pursuant to the 2023-2031 Housing Element would be subject to further development and environmental review, which may include supporting technical studies and other information that will further satisfy CEQA.
Based on these factors, it can be seen with certainty that the proposed 2023-2031 Housing Element as a policy document would not have a significant physical effect on the environment; therefore, the 2023-2031 Housing Element is exempt from CEQA under the common sense exemption.
Exhibit C | Page 4
Attachment (on file with the City of East Palo Alto)
Technical Memorandum – City of East Palo Alto 2023-2031 Housing Element CEQA Determination (Kimley-Horn and Associates, February 6, 2023) Exhibit C, Attachment 1 | Page 1
Exhibit C, Attachment 1
TECHNICAL MEMORANDUM
TO: KAREN CAMACHO, CITY OF EAST PALO ALTO
From: Tad Stearn and Prathna Maharaj
Date: February 6, 2023
Subject: City of East Palo Alto 2023-2031 Housing Element CEQA Determination This Technical Memorandum provides an evaluation of the City of East Palo Alto 2023-2031 Housing Element (the Project) concerning California Environmental Quality Act (CEQA) compliance. This Technical Memorandum was prepared to present: 1) the recommendations concerning the appropriate CEQA compliance documentation; and 2) the findings resulting from the CEQA compliance review, as described below and presented in Attachment 2
STATUTORY AUTHORITY AND REQUIREMENTS
State CEQA Guidelines Section 15061 – Review for Exemption Once it has been determined that an activity is a project subject to CEQA, it is then determined whether the project is exempt from CEQA. Pursuant to State CEQA Guidelines Section 15061, a project is exempt from CEQA if:
1) The project is exempt by statute (see State CEQA Guidelines Article 18, commencing with §15260). 2) The project is exempt pursuant to a Categorical Exemption (CE) (see State CEQA Guidelines Article 19, commencing with §15300) and the application of that CE is not barred by one of the exceptions set forth in State CEQA Guidelines Section 15300.2.
3) The activity is covered by the common sense exemption that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
4) The project will be rejected or disapproved by a public agency. 5) The project is exempt pursuant to the provisions of Article 12.5 - Exemptions for Agricultural Housing, Affordable Housing, and Residential Infill Projects.
Exhibit C, Attachment 1 | Page 2
PROJECT DESCRIPTION
The City of East Palo Alto Housing Element 2023-2031 includes the City’s overall Housing Workplan, which addresses the City’s identified housing needs and includes goals, policies, and programs concerning housing and housing-related services. A central component to the plan is the City’s approach to addressing its share of the regional housing need (RHNA). The 2023-2031 Housing Element (RHNA 6) is a comprehensive review and update to the previous Housing Element which covered the 5th Cycle 2015- 2022 planning period (RHNA 5). This update addresses all subjects required by Section 65583 of the Government Code, but also provides a focused, in-depth snapshot of the City’s changing demographics, economics and urban characteristics. The update addresses and updates city-specific market shifts, risk of displacement, income and affordability, constraints to housing, a fair housing assessment and affirmation, detailed inventory of housing projects and sites, and a progress report from the perspective of the RHNA 5 Housing element period. The City’s outreach and public participation process was extensive and inclusive, despite the challenges presented by COVID-19 and the effort required to reach a culturally rich community that includes a large population of non-English speakers.
To satisfy and meet their RHNA allocation, the City prepared a parcel-specific land inventory that includes sites capable of accommodating the RHNA allocation through a variety of methods, including: (1) identification of additional increased capacity on existing, residentially zoned sites; (2) identification of residential property for potential rezoning to higher-density residential primary use; (3) identification of non-residential property for rezoning to residential primary use; (4) development of approved and/or anticipated projects which do not have certificates of occupancy; and (5) future development of accessory dwelling units (ADUs). The total number of units, by income category, must meet or exceed the City’s RHNA.
For the eight-year planning cycle, the City’s 6th Cycle RHNA allocation is 829 additional housing units, including: 159 moderate-income units, 410 above moderate-income units, 165 very low-income units, and 95 low-income units.
The number of total estimated units over the RHNA 6 period from all sites included in the Sites Inventory, also referred to as “Housing Opportunity Sites,” is summarized in Table 1 below. These Housing Opportunity Sites serve as quantified objectives because they provide the maximum number of housing units that can be constructed and redeveloped in the City over an eight-year timeframe. For the 2023- 2031 housing cycle, the city’s quantified objectives for construction are 1,794 units, with 704 of those being affordable to East Palo Alto residents (very low income or low income).
Table 1: Total Units from Sites Inventory Sites vs. RHNA 6 VLI LI MO D Above-Mod Total
Housing
O pportunity Sites
461 243 341 749 1794
RHNA 6 165 95 159 410 829
Difference 296 148 182 339 965
Percentage
difference 179% over 156% over 114% over 83% over 116% over Exhibit C, Attachment 1 | Page 3
Source: Housing Element Table 5.1.A. Assumed 125 additional ADU’s (30% VLI, 30% LI, 30% MOD, and 10% Above-Mod) based on prior years’ ADU counts.
The East Palo Alto Sites Inventory or Housing Opportunity Sites contains many “pipeline units,” or units within projects that have been entitled or received SB 35 Zoning Clearance, and that are expected to apply for a building permit or begin construction after July 1, 2022, or in subsequent years. All such units are included in the Sites Inventory and will count towards the 6th RHNA cycle. Taking these unit counts into consideration, the City can meet or exceed the RHNA in every category.
For other sites in the Sites Inventory, there is an active development application with a high level of confidence they will lead to the construction of new units within the eight-year Housing Element cycle (2023-2031). Or, there is significant developer interest and potential feasibility, but the ability to develop residential units relies on a rezoning of the parcel. For these reasons, the development proposal or preapplication was used to calculate the realistic capacity of certain sites.
The 2023-2031 Housing Element includes policies that would accommodate implementation measures to meet and exceed the City’s RHNA allocation. The Project does not include the actual implementation measures and/or development of the housing units, which would be subject to future environmental evaluation as a part of the City’s normal development review process.
FINDINGS CONCERNING CEQA COMPLIANCE/CEQA EXEMPTION
Kimley-Horn has completed the Project’s CEQA compliance review, as follows:
Exemption Justification Under Common-Sense Exemption
The Project is exempt under State CEQA Guidelines Section 15061(b)(3) common sense exemption, because the Project involves the City’s policies and programs to update its Housing Element and meet its RHNA allocation that either: would not cause a significant physical effect on the environment; the RHNA allocation could be met with projects are have been or will be analyzed under CEQA associated with normal application processing; or reflect policies that that are consistent with and have been adequately analyzed within the City of East Palo Alto General Plan Vista 2035 EIR (SCH No. 2014092027).
Given its nature and scope, the proposed 2023-2031 Housing Element programs and policies would not result in direct or indirect physical environmental impacts. Specifically, the 2023-2031 Housing Element does not grant any development entitlements or authorize development beyond what is allowed under the City’s current General Plan and Zoning Code (Municipal Code Title 18). Future housing development pursuant to the 2023-2031 Housing Element would be subject to compliance with the established regulatory framework, namely federal, State, regional, and local (i.e., General Plan policies, Municipal Code standards, and Standard Conditions of Approval). While by-right housing projects may be exempt from CEQA, all future housing development pursuant to the 2023-2031 Housing Element would be subject to further development and environmental review, which may include supporting technical studies and other information that will further satisfy CEQA. Based on these factors, it can be seen with certainty that the proposed 2023-2031 Housing Element as a policy document would not have a significant physical effect on the environment; therefore, the 2023-2031 Housing Element is exempt from CEQA under the common sense exemption.
Exhibit C, Attachment 1 | Page 4
Recent Examples in Support of Findings
As part of this review, Kimley-Horn researched the CEQA review and findings for other California land use agencies that have relied upon the common-sense exemption for CEQA compliance. This research identified that the cities of Newport Beach, Huntington Beach, Orland, Placentia, Glendale, Winters, and Yolo County, among others, processed their 6th Cycle housing element updates while claiming this exemption. These agencies had similar circumstances in that they either identified pending housing projects at varying income levels in the development review pipeline to address their RHNA obligations, and/or could make findings that implementation of their housing policies would not result in any direct or indirect adverse physical changes to the environment.
Policy and Program Analysis in Support of Findings
Attachment A: East Palo Alto 2023-2031 Housing Element Program Review Matrix summarizes the 2023- 2031 Housing Element policies and provides summary findings in support of an exemption under State CEQA Guidelines Section 15061(b)(3) common sense exemption.
As is evidenced by the discussions presented above and in Attachment A, the Project qualifies as being exempt from CEQA under the common-sense exemption. Moreover, the Project is not otherwise barred from the application of a Categorical Exemption, pursuant to State CEQA Guidelines Section 15300.2, if it is found that such an exemption applies.
Exhibit C, Attachment 2 | Page 1
Exhibit C, Attachment 2
East Palo Alto Housing Element Update Program Review Matrix The following matrix summarizes the determination that Housing Element programs are exempt under State CEQA Guidelines.
[Intentionally Left Blank]
Exhibit C, Attachment 2 | Page 2
Summary of RHNA 6 Goals, Objectives, and Policies &
Programs
Summary of Determination the Program is
exempt under State CEQA Guidelines
§15061(b)(3) common sense exemption
Goal 1: Create more housing opportunities, and more housing that is affordable to East Palo Alto residents.
Objective: Implement
measures to reduce
overall processing
times for residential
development
applications while
maintaining robust
community outreach
and engagement.
Lead: Planning,
Building and Code
Enforcement
Policy 1.1: Develop objective
development and design standards
that simplify and improve approval
certainty and timing.
This Policy Action addresses development
standards and development review processes
concerning residential development. This
Policy Action is intended to programmatically
expedite the development of affordable housing
in the City. However, it does not result in the
approval of site-specific projects or the
construction of such projects. Therefore, this
Policy Action would not result in physical
environmental impacts.
Policy 1.2: Implement existing
processing guidelines for projects that
quality for by-right, ministerial, or
administrative approval and CEQA
exemption under SB 35 and SB 330.
This Policy Action only addresses the
development approval process for projects that
meet the requirements of SB 35 and SB 330.
This Policy Action would facilitate more
efficient approval of affordable housing
projects in the City. However, it does not result
in the approval of site-specific projects or the
construction of such projects. Therefore, this
Policy Action would not result in physical
environmental impacts.
Program 1.3: Review and adjust
building permit review and approval
procedures as needed to comply with
streamlining requirements in
AB2234.
This Program only addresses updating the
development review and approval process to
comply with AB 2234. This Program would
facilitate more efficient approval of affordable
housing projects in the City. However, it does
not result in the approval of site-specific
projects or the construction of such projects.
Therefore, this Program would not result in
physical environmental impacts.
Policy 1.4: Develop standards to
prioritize, incentivize, and expedite
processing of residential projects that
commit housing units for special
needs populations such as the
developmentally disabled, singlefemale head of households, at-risk youths, large family households,
extremely low-income households,
and unhoused individuals.
This Policy Action addresses the development
of housing projects that meet the needs of
special needs populations by facilitating
expeditious development review. However, it
does not result in the approval of site-specific
projects or the construction of such projects.
Therefore, this Policy Action would not result
in physical environmental impacts.
Exhibit C, Attachment 2 | Page 3
Objective: Incentivize
affordable housing
development.
Leads: Planning,
Housing and Economic
Development
Policy 1.5: Adopt by-right zoning for
parcels in the Ravenswood/4 Corners
Specific Plan area where there is a
minimum of 20% lower-income
units.
This Policy Action addresses the rezoning of
portions of the Ravenswood/4 Corners Specific
Plan area to encourage affordable housing
development. This Policy Action does not result
in direct housing development. Further, any
housing development facilitated from the
rezoning would be subject to the City’s
development review and plan check process,
including CEQA review, which is currently in
progress. This Policy Action does not grant
entitlements for housing development in the
Ravenswood/4 Corners Specific Plan area.
Therefore, this Policy Action would not result
in physical environmental impacts beyond
those already under analysis by the City.
Policy 1.6: Seek and support financial
resources from state, regional, and
county housing programs, tax credits,
and other sources that provide
funding assistance for affordable
housing projects to cover design and
development costs and off-site public
improvements.
This Policy Action only addresses financing of
affordable housing projects. This Policy Action
does not grant funding or directly facilitate
development of projects. Therefore, this Policy
Action would not result in physical
environmental impacts beyond those already
under analysis by the City.
Objective: Encourage
smaller-scale housing
that is relatively more
affordable, including
duplexes/triplexes and
market-rate accessory
dwelling units (ADUs).
Lead: Planning
Policy 1.7: Develop a “next-phase”
streamlining effort for ADUs and
JADUs, SB 9 projects, and any future
small-development, ministerial
approval process that builds on
lessons learned from the ADU
Streamlining collaboration with
EPACANDO and City Systems (See
also ADU zoning amendments in
Goal 10).
This Policy Action addresses the City’s support
and accommodation for ADU and similar smalldevelopment construction in the City through streamlined development review. This Policy
Action does not result in direct housing
development. This Policy includes development
of a website committed to information related to
submit development applications and
development of objective design and
development standards for unit construction.
Therefore, this Policy Action would not result
in physical environmental impacts.
Policy 1.8: Study feasibility and
desirability of waiving or reducing
fees or delaying payment of permit
fees and development impact fees for
ADUs and small projects, e.g., two or
fewer units.
This Policy Action only addresses the City’s
efforts to facilitate development of small
residential projects through reduced fees or
alternative payment plans. This Policy Action
does not result in direct housing development.
This Policy would result in surveys of other San
Mateo County jurisdictions to determine
potential models for implementation in the City.
Therefore, this Policy Action would not result
in physical environmental impacts.
Exhibit C, Attachment 2 | Page 4
Program 1.9: Develop outreach
materials targeting smaller developers
aimed at informing future applicants
and improving the quality of Planning
and Building applications received.
This Program would support residential
developers in preparation of outreach material
and improved Planning and Building
development applications. This Policy Action
does not result in direct housing development.
This Program would minimize delays and
improve submittal quality to facilitate more
efficient review and approval of smaller-scale
housing projects. Therefore, this Policy Action
would not result in physical environmental
impacts.
Program 1.10: Implement a
preapproved and modular ADU
designs program or clearinghouse to
facilitate streamlined review and
reduce design costs of ADUs.
This Program addresses the City’s efforts to
streamline review and reduce costs associated
with ADU development. This Policy Action
does not result in direct housing development.
This Policy/Program would require
collaboration with the City’s ADU Working
Group to develop design recommendations.
Therefore, this Policy Action would not result
in physical environmental impacts.
Program 1.11: Develop proposals for
relaxing or allowing flexible zoning
standards (e.g., building setbacks and
height, open space, parking, and
density) to facilitate the developing of
SB 9 and small infill housing projects
to increase housing opportunities and
housing types throughout the
community.
This Policy Action only addresses the City’s
efforts to facilitate development of small
residential projects by relaxing applicable
zoning standard, where feasible. This Policy
Action does not result in direct housing
development. This Policy would result in
review of existing standards and potential
modifications. Therefore, this Policy Action
would not result in physical environmental
impacts.
Objective: Incentivize
production of deedrestricted ADUs,
including deedrestricted units, to add
to the City’s affordable
housing stock.
Leads: Planning,
Housing and Economic
Development
Program 1.12: Develop a formalized
legalization process for unpermitted
second units.Identify zoning
amendments to reduce the
impediment to building ADUs, such
as setback and open space standards.
This Program addresses the City’s program to
allow owners with existing unpermitted second
units to obtain permits to legalize the ADUs.
This Policy Action does not entitle or
automatically permit new ADU construction.
Rather, this Policy Action is a new program to
help bring into compliance existing unpermitted
ADUs. Therefore, this Policy Action would not
result in physical environmental impacts.
Policy 1.13: Support and participate
in a potential county-wide initiative to
create a resource center to effectively
educate homeowners, provide
resources, and promote the
construction of ADUs.
This Policy Action only addresses the City’s
efforts to increase homeowners’ knowledge of
available housing-related resources and
promote construction of ADUs. This Policy
Action would include development of public
outreach and information programs. Therefore,
this Policy Action would not result in physical
environmental impacts.
Exhibit C, Attachment 2 | Page 5
Policy 1.14: Research all available
public and private sources of
rehabilitation/repair funding and
strengthen partnership with
organizations in this area, such as
Habitat for Humanity.
This Policy Action only addresses the City’s
efforts to identify alternative funding sources
for ADU projects through collaboration with
community partnerships. Therefore, this Policy
Action would not result in physical
environmental impacts.
Objective: Develop
long-term, sustainable
funding sources that
are flexible and may be
used for affordable
housing production and
preservation and to
prevent displacement
and homelessness.
Lead: Housing and
Economic Development
Policy 1.15: Implement the 2022
approval of Measure L which
increased and expanded the City’s
existing Gross Receipts Tax on rental
residential properties for affordable
housing and support programs.
This Policy Action is expected to increase
revenue for funding future affordable housing
projects through increased taxes on rental
residential properties. This is only a potential
source of revenue generation. Therefore, this
Policy Action would not result in physical
environmental impacts.
Program 1.16: Update the City’s
five-year strategic plan that lays out
funding goals and priorities for the
City’s affordable housing revenue
sources for a finite period (1 year to 5
years).
This Program only identifies the City’s plan to
identify funding goals and priorities and
identify state funding sources to support
affordable housing projects and address
homelessness. This Program would include
application for State grants including the
Regional Early Action Planning grants, grants
from HCD, and additional sources identified for
homelessness. Therefore, this Policy Action
would not result in physical environmental
impacts.
Program 1.17: Collaboratively
(Planning and Housing) pursue state
grant funds wherever possible to
support affordable housing projects
and programs to address
homelessness in the City.
This Program only addresses the pursuit of
funding opportunities for affordable housing
projects and programs within the City.
Therefore, this Policy Action would not result
in physical environmental impacts.
Objective: Take
reasonable measures
to reduce the cost of
development for fully
affordable housing
developments.
Leads: Planning,
Housing and
Economic
Development
Policy 1.18: Use the opportunity of
the RBD Specific Plan Update or
initiate a city-wide study on the
feasibility and desirability of fee
waivers or reductions or delayed fee
payments for fully affordable housing
projects; additionally, consider
providing City financial assistance to
cover these fees.
This Policy Action addresses the City’s efforts
to facilitate development of affordable
residential projects through reduced fees or
alternative payment plans. This Policy Action
does not result in direct or additional housing
development within the RBD Specific Plan
area. As this Policy would only result in
feasibility analyses performed for each of the
major projects in RBD, this Policy Action
would not result in physical environmental
impacts.
Exhibit C, Attachment 2 | Page 6
Policy 1.20: Incorporate parking
reductions into the City’s
Transportation Demand Management
Program including compliance with
AB2097 and related state laws that
eliminates parking minimums within
one-half mile major transit stops and
radius and parking maximums for
affordable housing projects.
This Policy Action would establish a TDM
Program to reduce parking requirements to
incentivize and facilitate affordable housing
developments. Therefore, this Policy Action
would not result in physical environmental
impacts.
Objective: Encourage
housing on sites zoned
for mixed use in the
Ravenswood/4
Corners Specific Plan
Area.
Lead: Planning
Policy 1.21: For sites within the RBD
Specific Plan Area, study feasibility
and effectiveness of an RBD-specific
density bonus and relaxed zoning
controls and incorporate possible
provisions into the Specific Plan
Update.
This Policy Action addresses the potential for
density bonuses and incentives to promote
affordable housing development within the
RBD/4 Corners Specific Plan Area. This Policy
Action includes the study of by-right density
bonus and other development incentives to
provide recommendations for the RBD. This
Policy Action does not grant any development
entitlements or authorize development beyond
what could be allowed and analyzed in the final
Specific Plan. Further, any housing
development or intensification induced by this
policy would be subject to the City’s
development review and plan check process,
including CEQA review, which is already in
progress. Therefore, no additional physical
environmental impacts would occur.
Objective: Leverage
available public lands
for affordable housing
development where
feasible and beneficial
to the community.
Leads: City
Manager’s Office,
Housing and
Economic
Development
Program 1.22: Determine the
feasibility and develop a proposal for
redevelopment of Senior Center at
560 Bell St. to include affordable
housing.
This Policy Action addresses the City’s efforts
to increase the supply of affordable housing
through redevelopment on public-owned
properties through the Surplus Lands Act. This
Policy Action does not result in direct housing
development. Rather, this Policy Action would
result in a feasibility study for redevelopment
and subsequent development activity, if deemed
feasible. Further, any housing development
facilitated by this partnership would be subject
to the City’s development review and plan
check process. Therefore, this Policy Action
would not result in physical environmental
impacts.
Exhibit C, Attachment 2 | Page 7
Program 1.23:Work with County of
San Mateo to complete land swap and
determine feasibility of the County
developing affordable housing at
2277 University.
This Policy Action only addresses the City’s
efforts to increase the supply of affordable
housing through redevelopment on publicowned properties through the Surplus Lands Act. This Policy Action does not result in direct
housing development. Rather, this Policy
Action would result in an Exchange Agreement
with the County and subsequent development
activity. Further, any housing development
facilitated by this partnership would be subject
to the City’s development review and plan
check process. Therefore, this Policy Action
would not result in physical environmental
impacts.
Program 1.24: Work with Sequoia
Elementary School District to
facilitate the development of the
district-owned parcel at 2450 Ralmar
Ave. as affordable public school
employee housing.
This Policy Action addresses the City’s efforts
to increase the supply of affordable housing
through redevelopment on public-owned
properties through the Surplus Lands Act. This
Policy Action does not result in direct housing
development. Rather, this Policy Action would
result collaboration with the School District for
future housing. Further, any housing
development facilitated by this partnership
would be subject to the City’s development
review and plan check process. Therefore, this
Policy Action would not result in physical
environmental impacts.
Objective: Incentivize
“missing middle”
housing, or smallerscale housing that is
affordable to
households at 80-120%
of Area Median
Income.
Lead: Planning
Policy 1.25: Revise City zoning
standards to increase compatibility
with SB 9 (e.g., flexible zoning
standards for setbacks, open space,
height and density) and make process
improvements to encourage
application of SB 9 on appropriately
zoned parcels. Conduct informational
outreach to property owners whose
properties are prime candidates for
SB 9 projects.
This Policy Action only addresses existing
zoning standards to facilitate development of
housing units in the Moderate and Above
Moderate-income categories. This Policy
Action does not result in direct housing
development, but would ensure City
compliance with SB 9 and SB 35. Therefore,
this Policy Action would not result in physical
environmental impacts.
Objective: Monitor
progress on Sites
Inventory.
Leads: Planning.
Housing and Economic
Development
Policy 1.26: At least every two years,
evaluate the progress on meeting the
City’s RHNA and adjust the Sites
Inventory as needed. Track the
production of inclusionary housing
units, ADUs, SB 9 units, and housing
for special needs populations.
This Policy Action addresses the City’s efforts
to regularly monitor progress on its RHNA
targets and Sites Inventory. This Policy Action
does not result in direct housing development,
but would promote progress on Housing
Element goals and programs. Therefore, this
Policy Action would not result in physical
environmental impacts.
Exhibit C, Attachment 2 | Page 8
Goal 2 Create homeownership opportunities for East Palo Alto residents and stability for existing homeowners
Objective: Promote
financial literacy as a
means of encouraging
homeownership and
support first-time
homebuyers.
Lead: Housing and
Economic Development
Policy 2.1: Develop a City led
homebuyer support program or
programs tailored to the needs of
households in East Palo Alto.Conduct
proactive outreach to seek interested
applicants.
This Policy Action only addresses the City’s
efforts to increase homeownership for
households in East Palo Alto through review of
federal, state, and local programs. This Policy
Action does not result in direct or indirect
housing development, but would develop a
program to support residents in achieving
homeownership. Therefore, this Policy Action
would not result in physical environmental
impacts.
Policy 2.2: With the assistance of the
City’s grant coordinator, seek and
apply for funds from state and other
sources to create and finance this
program.
This Policy Action only addresses the City’s
efforts to increase homeownership through
City-led financing programs. This Policy Action
does not result in direct or indirect housing
development, but would develop a program to
support residents in achieving homeownership.
Therefore, this Policy Action would not result in
physical environmental impacts.
Objective: Create
pathways to affordable
homeownership
opportunities.
Lead: Housing and
Economic Development
Policy 2.3: Continue to study and
develop an Opportunity to Purchase
Act policy for tenants and/or qualified
non-profits that builds on prior
research and City Council direction in
2021-22.
This Policy Action only addresses the City’s
efforts to increase homeownership through an
Opportunity to Purchase Act policy which gives
tenants, qualified nonprofits, or jurisdictions the
first opportunity to purchase a residential
property or assign their right to purchase to
another entity when the owner is ready to sell.
This Policy Action does not result in direct or
indirect housing development, but would
develop a program to support residents in
achieving homeownership. Therefore, this
Policy Action would not result in physical
environmental impacts.
Objective: Advocate
for homebuyer and
homeownership
programs at the
regional level.
Lead: Housing and
Economic Development
Policy 2.4: Advocate for the
homebuyer and homeownership
programs at the county, regional, state
and levels.
This Policy Action only addresses the City’s
continued advocacy for homeownership
throughout the region. Therefore, this Policy
Action would not result in physical
environmental impacts.
Exhibit C, Attachment 2 | Page 9
Goal 3 Promote stewardship and preservation of the City’s existing affordable housing stock.
Objective: Ensure that
the City’s deedrestricted affordable
housing and Below
Market-Rate (BMR)
portfolio remain wellmaintained and
monitored.
Lead: Housing and
Economic Development
Program 3.1:Continue working with
EPACANDO and Bay Area
Affordable Homeownership Alliance
(BAAHA) on the existing BMR
Program contract and draft Request
for Proposals (RFP) for next phase of
BMR Program management,
including additional rental and forsale inclusionary housing units.
This Program only addresses an ongoing
inventory-monitoring program for deedrestricted units in the very low-, low-, and moderate-income categories. This Program
does not result in direct housing development.
This action is primarily for monitoring and
reporting purposes; therefore, it would not result
in physical environmental impacts.
Objective: Improve
data on affordability of
the City’s rental
housing stock outside
of the Rent Stabilized
portfolio.
Lead: Housing and
Economic Development
Program 3.2: Prepare a feasibility
study to create and fund a City rent
registry and present to City Council
for direction.
This Program only addresses the City’s efforts
to maintain data on existing housing stock and
develop a rent registry following review of
similar Bay Area programs. This Program does
not result in direct housing development. This
action is primarily for monitoring and
management purposes; therefore, it would not
result in physical environmental impacts.
Objective: Leverage
County initiatives and
affordable housing
resources to increase
public awareness of
affordable housing
opportunities in East
Palo Alto.
Lead: Housing and
Economic Development
Program 3.3: Work with the County
of San Mateo to list all affordable
housing projects and inclusionary
units on Doorway, a new regional
platform for searching and applying
for affordable housing and finding
affordable housing resources; conduct
proactive outreach.
This Program only addresses the City’s efforts
to increase awareness and visibility of existing
and planned affordable housing developments.
This Program does not result in direct housing
development. This action is primarily for
marketing and accessibility purposes; therefore,
it would not result in physical environmental
impacts.
Objective: Protect and
preserve the City’s
supply of rentstabilized affordable
housing units.
Lead: Housing and
Economic Development
Policy 3.4: Continue to support the
function of the Rent Stabilization
Board to enforce the City’s Rent
Stabilization Ordinance to protect
tenants from unreasonable rent
increase, to protect tenants from
unlawful evictions, and to allow
landlords sufficient rental income for
maintenance and operating expenses
and capital improvements.
This Policy Action only addresses the City’s
efforts to manage the cost of rental housing
through its Rent Stabilization Ordinance.
Therefore, this Policy Action would not result in
physical environmental impacts.
Exhibit C, Attachment 2 | Page 10
Goal 4 Prevent displacement of East Palo Alto residents.
Objective: Connect the
creation of new jobs in
the City from
commercial
development to the
creation of new
housing at the
appropriate
affordability levels.
Leads: Planning,
Housing and Economic
Development
Policy 4.1: As part of the RBD
Specific Plan update, develop a
requirement to build new housing at
specified levels of affordability based
on a numerical linkage to office/R&D
square footage in Ravenswood
Business District (RBD).
This Policy Action would establish a jobshousing linkage requirement within the RBD Specific Plan Area and is incorporated into the
current scope of work for the overall RBD
Specific Plan. This Program does not result in
direct housing development. Therefore, it would
not result in physical environmental impacts
beyond those already under analysis.
Program 4.2: Participate in
countywide nexus study led by 21
Elements to update the existing
Commercial Linkage Fee.
This Policy Action only addresses the City’s
participation in the County’s Commercial
Linkage Fee study. This Program does not result
in direct or indirect housing development.
Therefore, it would not result in physical
environmental impacts.
Objective: Promote the
preservation of existing
housing stock and
rehabilitation of
housing that is at-risk
due to age, structural
deficiencies, etc.
Leads: Housing and
Economic
Development, Building
and Code Enforcement
Policy 4.3: Develop a preservation
strategy that addresses funding
sources, identification of properties,
and partnerships that can lead to
preservation of affordable housing in
East Palo Alto.
This Policy Action only addresses the City’s
efforts to maintain its affordable housing stock
through partnerships including its existing
partnership with the Policy Grant Fellow. This
Policy Action does not result in direct or indirect
housing development. Therefore, it would not
result in physical environmental impacts.
Policy 4.4:Identify and maintain a list
of at-risk and substandard buildings
throughout the City. Ensure property
owner comply with the State
Preservation Notice Law. Actively
engage with property owners to reach
agreements to preserve at-risk units
and properly maintain their properties.
This Policy Action addresses the City’s efforts
to maintain its affordable housing stock through
maintenance and rehabilitation projects. This
Policy Action does not result in direct or indirect
housing development. In addition, maintenance
and rehabilitation efforts are typically exempt
from CEQA. Therefore, it would not result in
physical environmental impacts.
Policy 4.5: Study improvements to a
City process for addressing code
violations on residential properties,
including, but not limited to,
unpermitted second units.
This Policy Action only addresses the City’s
efforts to maintain the quality of existing
affordable housing stock. Implementation
would include study of similar programs
throughout the Bay Area. This Policy Action
does not result in direct or indirect housing
development. Therefore, it would not result in
physical environmental impacts.
Exhibit C, Attachment 2 | Page 11
Program 4.6: Develop a City housing
rehabilitation program for City
Council consideration that covers
both single-family homes and multifamily apartments to preserve affordable housing opportunities,
encourage proper maintenance and
repairs, and increase energy
conservation.
This Program only addresses the City’s efforts
to maintain the quality of its existing housing
through City-led programs. This Policy Action
does not result in direct or indirect housing
development. In addition, repair and
rehabilitation efforts are typically exempt from
CEQA. Therefore, this policy would not result
in physical environmental impacts.
Objective: Support
housing stability of
existing lower-income
homeowners and
enable the
community’s seniors
to age in place.
Lead: Public Works,
Planning, Building,
Housing and
Economic
Development
Policy 4.7: Research all public
sources and potential City-level
initiatives to assist low-income
homeowners in East Palo Alto with
major repairs and rehab to address
acute safety and livability issues.
Develop a public outreach plan and
also inform homeowners of financial
assistance available from other
agencies such as energy conservation
and electrification incentives.
This Policy Action addresses the City’s efforts
to maintain its housing stock by providing
financial assistance to low-income homeowners
for maintenance and rehabilitation projects.
This Policy Action does not result in direct or
indirect housing development. In addition,
repair and rehabilitation efforts are typically
exempt from CEQA. Therefore, this policy
would not result in physical environmental
impacts.
Policy 4.8: Continue to implement
public accessibility improvements in
accordance with the City’s ADA
Compliance Plan, and allow for
reasonable accommodations through
Municipal Code Chapter 14.10 –
Reasonable Accommodations and
Development Code Chapter 18.98 –
Reasonable Accommodations.
This Policy Action addresses the City’s efforts
to promote accessibility and make progress on
its ADA Compliance Plan and provide
individuals with disabilities reasonable
accommodation to ensure equal access to
housing. This Policy Action does not result in
direct or indirect housing development.
Therefore, it would not result in physical
environmental impacts.
Policy 4.9: Study models of
foreclosure prevention at the local
level in similarly sized cities, whether
through local investment or
leveraging outside funding; evaluate
establishing a mortgage assistance
program for low-income households.
This Policy Action only addresses the City’s
efforts to promote and maintain homeownership
for lower-income households. This Policy
Action does not result in direct or indirect
housing development. Therefore, it would not
result in physical environmental impacts.
Objective: Promote
community/cooperative
ownership of land and
housing in East Palo
Alto.
Lead: Housing and
Economic Development
Program 4.10: Evaluate
opportunities to support and/or
leverage local community land trusts
(CLTs) to create community
ownership of new or preserved
affordable housing, e.g., through
scattered-site ADUs, small
inclusionary projects, or preservation
projects.
This Policy Action only addresses the City’s
efforts to promote and maintain homeownership
through community partnerships. This Policy
Action does not result in direct or indirect
housing development. Therefore, it would not
result in physical environmental impacts.
Exhibit C, Attachment 2 | Page 12
Objective: Prevent
displacement due to
high housing cost
burden and barriers to
housing, such as rental
deposits.
Lead: Housing and
Economic Development
Policy 4.11: Continue to appropriate
funds and consider increasing funds
for direct emergency financial
assistance or rent relief to be
administered by a qualified
organization identified through a
Request for Proposals (RFP) process.
Conduct proactive public outreach,
particularly to lower-income
households and neighborhoods where
a high housing cost burden has been
documented in the fair housing
assessment.
This Policy Action only addresses the City’s
efforts to prevent displacement of lower-income
households through development of an
emergency funding program. This Policy Action
does not result in direct or indirect housing
development. Therefore, it would not result in
physical environmental impacts.
Policy 4.12: Develop a proposal for
City Council consideration for direct
financial assistance program for first
and last month’s rent/deposit
assistance.
This Policy Action only addresses the City’s
efforts increase housing affordability and
accessibility through financial assistance
programs. This Policy Action does not result in
direct or indirect housing development.
Therefore, it would not result in physical
environmental impacts.
Objective: Implement
an effective and fair
housing compliant
Local Preference
Policy.
Lead: Housing and
Economic Development
Policy 4.13: Complete and enforce
guidelines on City’s existing Local
Preference Policy.
This Policy Action only addresses the City’s
efforts to prevent displacement by providing
preference for housing opportunities to existing
residents of East Palo Alto. This Policy Action
does not result in direct or indirect housing
development. Therefore, it would not result in
physical environmental impacts.
Objective: Provide
access to living wage
jobs to allow residents
to afford to remain to
live in East Palo Alto.
Lead: Housing and
Economic Development
Program 4.14: Through Measure
HH, a parcel tax on large office
developments approved by East Palo
Alto residents in 2018, implement a
Workforce Development Program to
provide job training, apprenticeships,
and job placement services to
residents through partnerships with
community-based non-profit
organizations and private companies.
Programs shall include proactive
outreach to East Palo Alto residents,
and service agreements shall define
performance goals and metrics and
required deliverables.
This Policy Action only addresses the City’s
efforts to support residents in affording housing
in East Palo Alto through development of job
training and related programs. This Policy
Action does not result in direct or indirect
housing development. Therefore, it would not
result in physical environmental impacts.
Exhibit C, Attachment 2 | Page 13
Goal 5 Apply environmental justice principles in planning for new housing development.
Objective: Adopt
policies and programs
to address
environmental justice
issues in the
community.
Lead: Planning,
Housing and Economic
Development
Program 5.1: Update the
Environmental Justice Element
(Health and Equity) in the City’s
General Plan to include a
comprehensive set of policies and
programs and an implementation plan
to address environmental justice
issues in the community; scope of
work to include a robust community
engagement process is integrated into
the preparation of this Element.
This Program addresses the City’s efforts to
develop an Environmental Justice Element for
its General Plan which would addresses
environmental justice issues, including those
relevant to housing. This Policy Action does not
result in direct or indirect housing development,
and would be expected to result in beneficial
impacts to vulnerable communities. Therefore,
it would not result in physical environmental
impacts.
Objective: Address
water and sewer system
constraints to housing
production, to the
extent they are within
the City’s control,
through targeted capital
and governance
improvements.
Lead: City Manager’s
Office, Public Works
Program 5.2: Establish and
implement a plan to address the San
Mateo County Local Agency
Formation Commission
(SMCLAFCo) Municipal Service
Review and to resolve the delays to
housing development caused by
issues with the East Palo Alto Sanitary
District.
These Policy Actions would result in
coordination between the City and water (City)
and wastewater (EPASD) utility providers to
facilitate development of residential projects
through utility system improvements. This
Policy Action does not result in direct housing
development. Future development that may
result from removing water and sewer service
constraints has been adequately evaluated in the
City’s General Plan Vista 2035 and certified EIR
(SCH No. 2014092027). Therefore, this Policy
Action would not result in physical
environmental impacts beyond those previously
evaluated at a city-wide, programmatic level.
Program 5.3: Implement the Water
System Master Plan adopted in 2022
and complete the first-phase capital
improvements in the plan. Update the
Urban Water Management Plan to
confirm with the Master Plan and
ensure adequate water service to
parcels in the Sites Inventory
(adequate water supply but water
infrastructure upgrades may be
needed for certain locations).
These Policy Actions would result in
coordination between the City and water (City)
utility providers to facilitate development of
residential projects by ensuring adequate water
service to parcels in the Sites Inventory. This
Policy Action does not result in direct housing
or water system development. Future
development that may result from removing
water service constraints has been adequately
evaluated in the City’s General Plan Vista 2035
and certified EIR (SCH No. 2014092027).
Therefore, this Policy Action would not result in
physical environmental impacts beyond those
previously evaluated at a city-wide,
programmatic level.
Policy 5.4: Work with water and
sewer providers to adopt a policy that
prioritizes water and sewer capacity
allocations to affordable housing
projects and low-income households
per SB1097.
This Policy Action only addresses the City’s
efforts to provide and coordinate water and
sewer utility service to applicable housing
projects pursuant to State law. Therefore, this
Policy Action would not result in physical
environmental impacts.
Exhibit C, Attachment 2 | Page 14
Objective: Minimize
new housing in highestrisk areas prone to
flooding/sea level rise
or due to environmental
contamination.
Lead: Public Works
Program 5.5: Leverage community
partnerships to utilize and maintain
data and maps wherever possible to
monitor areas subject to flooding and
identify sites for future development
and to comply with Government Code
65302.
This Program only addresses the resiliency of
residential developments through monitoring
and consideration of climate- and weatherrelated data. This Program does not result in direct housing development, and instead focuses
on long-term sustainability of future
development. Therefore, this Policy Action
would not result in physical environmental
impacts.
Program 5.6:Develop environmental
“overlay” map with most up-to-date
data to avoid housing in at-risk areas
or with prescribed mitigation
measures.
This Program addresses the resiliency of
residential developments through development
of an environmental overlay to identify potential
risks for development. This Program does not
result in direct housing development, and
instead focuses on long-term sustainability of
future development, as well as the prevention of
future impacts. Therefore, this Policy Action
would not result in physical environmental
impacts.
Objective: Expand and
establish program to
promote fair housing
practices for East Palo
Alto residents.
Lead: Housing and
Economic Development
Program 5.7: Implement fair housing
and anti-eviction programs using
Measure O and other qualifying local
revenue sources to fund communitybased organizations to provide legal services, financial assistance, case
management, referrals, proactive
community outreach (social media,
workshops, flyers), posted resource
information, and a citizen advocacy
committee. Contracts with
organizations will specify quantified
deliverables for each of these areas.
This Program addresses the City’s efforts to
implement fair housing and anti-eviction
programs by funding related community-based
organizations. This Program does not result in
direct housing development, and instead focuses
on supporting residents in achieving and
maintaining housing security. Therefore, this
Policy Action would not result in physical
environmental impacts.
Policy 5.8: Continue to support
agencies such as Project Sentinel that
provide consultation and
landlord/tenant mediation services for
residents.
This Program addresses the City’s efforts
support community-based organizations that
support residents in housing-related matters.
This Program does not result in direct housing
development, and instead focuses on supporting
residents in achieving and maintaining housing
security. Therefore, this Policy Action would
not result in physical environmental impacts.
Exhibit C, Attachment 2 | Page 15
Policy 5.9: Place program priority on
providing fair housing and support
services to special needs populations
such as extremely low-income
households, persons with disabilities,
female heads of households, large
family households, seniors, at-risk
youths, and households at-risk of
homelessness. Target proactive public
outreach to lower resource
neighborhoods such as western and
northern areas in East Palo Alto or
projects where there is a higher
presence of special needs populations
based on the fair housing analysis.
This Program addresses the City’s efforts
support residents with special needs by
providing support services related to housing.
This Program does not result in direct housing
development, and instead focuses on achieving
fair housing opportunities for residents.
Therefore, this Policy Action would not result in
physical environmental impacts.
Goal 6 Promote safe and healthy housing in East Palo Alto.
Objective: Strengthen
monitoring and
enforcement of
habitability issues.
Leads: Housing and
Economic
Development, Building
and Code Enforcement
Policy 6.1:Annually review the City’s
habitability complaints and the Rent
Stabilization Ordinance’s rules and
regulations and evaluate whether any
changes or updates may be made to
how the City enforces habitability
issues.
This Policy Action includes evaluation of the
City’s existing processes for addressing
maintenance concerns to prevent violations of
building and zoning ordinances in residential
developments. This Policy Action does not
result in direct housing development. Therefore,
this Policy Action would not result in adverse
physical environmental impacts.
Objective: Incorporate
amenities into
multifamily housing
that support households
with children.
Lead: Planning
Policy 6.2: Determine the most
effective means of incentivizing or
requiring childcare facilities in new
affordable housing developments and
commercial developments.
This Policy Action addresses the
encouragement of childcare centers as a
component of new affordable housing
developments. This Policy Action does not
result in direct housing development. Rather, it
involves granting additional incentives in
conjunction with the review. Therefore, this
Policy Action would not result in physical
environmental impacts.
Objective: Improve
energy conservation
and reduce the carbon
footprint of residential
buildings.
Lead: Building and
Code Enforcement
Program 6.3: Implement the East
Palo Alto Reach Codes, which
became effective in January 2021 and
apply to all new construction and
substantial rehabilitations and
additions; continue to explore
expanding building electrification
requirements and support incentive
programs for retrofitting existing
buildings.
This Program only addresses requirements for
residential housing developments to include the
installation of energy efficient appliances and
devices. This Program does not result in direct
housing development, and instead involves
compliance with existing energy efficiency
codes as housing projects are approved.
Therefore, this Policy Action would not result in
physical environmental impacts. Energy
conservation efforts would be expected to result
in beneficial environmental effects.
Exhibit C, Attachment 2 | Page 16
Objective: Improve
earthquake readiness
and resilience.
Lead: Planning, Public
Works, Building
Program 6.4: Complete and
implement the recently updated MultiGenerational Local Hazard Mitigation Plan.
This Program addresses the safety of residential
developments through implementation of the
City’s LHMP. This Program does not result in
direct or indirect housing development.
Therefore, this Program would not result in
physical environmental impacts.
Program 6.5: Update the City’s
Safety Element to address
earthquakes, flooding, and other
natural and manmade hazards;
consider policies such as establishing
a seismic retrofit program to address
vulnerable populations living in softstory buildings and establishing a program for remediation of lead-based
pain in older residential buildings;
incorporate targeted outreach to
vulnerable and special needs
populations to ensure their needs are
well-addressed.
This Program addresses updates to the City’s
General Plan Safety Element to meet the needs
of special needs populations. This Program does
not result in direct or indirect housing
development. Therefore, this Program would
not result in physical environmental impacts.
Objective: Ensure
implementation and
enforcement of flood
protection and
prevention measures.
Lead: Public Works,
Planning, Building and
Code Enforcement
Policy 6.6: Continue to disseminate
information through onsite resources
and workshops to homeowners,
property owners, and developers on
FEMA, state, and local regulations on
floodplain construction and
management practices.
This Policy Action addresses the City’s efforts
to increase the resiliency of residential
developments by providing information on
flood-related construction and management
practices.This Program does not result in direct
or indirect housing development. Therefore, this
Program would not result in physical
environmental impacts.
Program 6.7: Continue to participate
in FEMA’s Community Rating
System Program to ensure that new
housing development complies with
floodplain construction standards with
submittal of required certifications.
This Policy Action addresses the City’s efforts
to promote resilient residential development
through enforcement of relevant construction
standards.This Program does not result in direct
or indirect housing development. Therefore, this
Program would not result in physical
environmental impacts.
Exhibit C, Attachment 2 | Page 17
Goal 7 Create more housing opportunities for special needs households, including large households, people at risk of or experiencing homelessness, and individuals with disabilities.
Objective: Incorporate
special housing needs
into City-supported
future affordable
housing developments.
Lead: Housing and
Economic Development
Policy 7.1: For affordable housing
projects located near high-quality
transit and on City-owned land, with
City subsidy, or where otherwise
legally defensible, require developers
of affordable housing to demonstrate
how they will serve people with
disabilities in the development.
This Policy Action would require residential
project applicants (as deemed appropriate by the
City) to provide supportive services and
accessible development targeted for persons with
developmental disabilities. This Policy Action
does not result in direct housing construction
Therefore, this Policy Action would not result in
physical environmental impacts.
Objective: Provide
housing solutions for
unhoused residents in
East Palo Alto.
Leads: Housing and
Economic
Development, Planning
Program 7.2: Finalize the Master
Temporary Use Permit for temporary
housing program rollout that includes
City coverage of permit fees to
provide housing for individuals
experiencing homelessness in the
community.
This Policy Action only addresses finalization
of the City’s Zoning Code to encourage and
facilitate emergency shelters and transitional
and supportive housing. This Policy Action does
not result in direct housing or shelter
development. The City would provide
information on Temporary Use Permits to future
applicants and collaborate with local
organizations to promote applications for
transitional and supportive housing. Therefore,
this Policy Action would not result in physical
environmental impacts.
Program 7.3: Evaluate lessons
learned and options for longer-term,
holistic solutions to RVs parked in
public right of way with the
conclusion of the RV Safe Parking
Program.
This Program only evaluates and reflects upon
the end of a program. This Program does not
result in direct housing development. Rather, it
involves evaluation of the existing RV Safe
Parking Program and identification of future
programs. Therefore, this Program would not
result in physical environmental impacts.
Program 7.4: Research all available
public funding sources to address
homelessness and consider City
investment of funds in homeless
outreach and case management to
supplement the countywide system.
This Program only addresses the identification,
pursuit and use of public funds for assisting the
homeless. This Program does not result in direct
housing or shelter development. Rather, it
includes researching and reporting on available
funding opportunities to provide shelter and
other services for the homeless. Therefore, this
Program would not result in physical
environmental impacts.
Policy 7.5: Pursue expansion of
support programs for unhoused
residents by establishing partnerships
with other public agencies, private
corporations and foundations, and
non-profit service providers.
This Policy Action only addresses expansion of
supportive programs for unhoused residents
through partnership other organizations with
such initiatives. This Program does not result in
direct housing or shelter development.
Therefore, this Program would not result in
physical environmental impacts.
Exhibit C, Attachment 2 | Page 18
Policy 7.6: Continue to support the
low barrier navigation center and
emergency shelter operated by
WeHope, a non-profit organization,
that provides an interim shelter and
supportive services for unhoused
individuals. Accommodate the special
needs of at-risk youths, households
with children, and persons with
disabilities.
This Policy Action only addresses the City’s
support of WeHope temporary and transitional
housing facilities. This Policy Action does not
result in direct or indirect housing development.
Therefore, this Policy Action would not result in
physical environmental impacts.
Objective: Reduce
overcrowding and
unsafe housing
conditions related to
housing affordability in
East Palo Alto.
Lead: Housing and
Economic
Development, Planning
Policy 7.7: Develop options for of
incentivizing deeply affordable
housing units that serve larger
household sizes, such as allowing
additional density or other relaxed
zoning regulations.
This Policy Action only includes review of the
City’s Zoning Code to identify opportunities to
encourage and facilitate development of larger
affordable housing units to meet the needs of
larger households. This Policy Action does not
result in direct housing development. Therefore,
this Policy Action would not result in physical
environmental impacts.
Policy 7.8: Continue to require
residential projects to include
Extremely Low-Income housing units
through the City’s Inclusionary
Housing Program. Encourage
production of deed-restricted ADUs
serving Extremely Low and Very
Low-Income households as an
Inclusionary Housing Alternative
Compliance option instead paying inlieu fees for fractional unit requirements.
This Policy Action includes promotion of
inclusionary ADUs by exhibiting past projects
with inclusionary ADUs and use of incentive
programs on the City’s website. This Policy
Action does not result in direct housing
development. Therefore, this Policy Action
would not result in physical environmental
impacts.
Exhibit C, Attachment 2 | Page 19
Goal 8 Improve transparency and communication between the City and the public on housing issues.
Objective: Make the
City website, social
media, and newsletter a
reliable source of
housing information and
make parallel efforts to
reach residents through
mailers and in-person
meetings.
Lead: Housing and
Economic Development
Program 8.1:Improve and maintain
the Housing website as a primary
means of communicating the work
of the Division.Expand measures to
inform homeowners, landlords, and
tenants about available local and
County housing resources and
supportive services.
Policy 8.2: Create a budget for
mailers and non-digital outreach on
Housing workplan items at the start
of each fiscal year.
This Program/Policy only addresses the City’s
efforts to increase the accessibility and
availability of housing-related information
through increase public outreach and
engagement. This Program/Policy does not
result in direct housing development. This
Program/Policy is primarily for informational
and accessibility purposes; therefore, it would
not result in physical environmental impacts.
Objective: Incorporate
language
accessibility/language
justice into City
materials and meetings.
Leads: City Manager’s
Office, Planning,
Housing and Economic
Development
Policy 8.3: Provide translation of
materials and interpretation of City
Council, Planning Commission,
Rent Stabilization, and other City
meetings in alignment with City’s
Language Policy.
This Policy only addresses the City’s efforts to
increase the accessibility and availability of
housing-related information to non- Englishspeaking residents. This Policy does not result in direct housing development. This Policy is
primarily for informational and accessibility
purposes; therefore, it would not result in
physical environmental impacts.
Goal 9 Build City capacity for long-term housing planning and implementation of a range of Housing programs and initiatives.
Objective: Maintain
sufficient Housing
Division staff to
implement Housing
Element programs.
Policy 9.1: Regularly assess the
level of staffing or contract
assistance to ensure that sufficient
staffing is committed to implement
the 6th cycle Housing Element
policies and programs are completed
in a timely manner per the
Implementation Plan.
This Policy addresses the City’s efforts to make
progress on Housing Element goals and
programs by ensuring adequate staffing for
implementation. This Policy does not result in
direct housing development. Therefore, it would
not result in physical environmental impacts.
Objective: Seek
efficiencies and
collaborative staffing and
resource opportunities to
simultaneously
implement the Housing
Element programs and
other Housing Division
responsibilities.
Leads: Housing and
Economic Development,
City Manager’s Office
Program 9.2: Join with other cities
in San Mateo County to share
housing staff to support longer-term
housing initiatives and programs.
This Program only addresses the City’s efforts
to reduce costs and increase efficiency of
ongoing housing initiatives and programs
through collaboration and partnerships with
other cities. This Program does not result in
direct housing development. Therefore, it would
not result in physical environmental impacts.
Exhibit C, Attachment 2 | Page 20
Objective: Work in close
collaboration with the
Planning Division to
more efficiently achieve
both divisions’ goals and
workplan items.
Lead: Housing and
Economic Development
Program 9.3: Collaboratively
update the City’s Development
Code to align Planning and Housing
objectives, with an emphasis on
resolving inconsistencies and
ensuring consistency with the
objectives of the City’s General
Plan.
This Program only addresses the City’s efforts
to facilitate housing development by promoting
consistency between the General Plan and
development standards. This Program does not
result in direct housing development. Therefore,
it would not result in physical environmental
impacts.
Objective: Seek
financing resources for
affordable housing
construction and
preservation.
Lead: Housing and
Economic Development
Policy 9.4: As Notices of Funding
Availability (NOFA) are issued
(typically annually), proactively
work with the City’s grant
coordinator to apply for regional,
state, and federal grants to finance
qualifying affordable housing
projects and to fund Housing
Element programs, such as housing
rehabilitation program and first-time
homebuyer program.
This Policy Action only addresses the City’s
efforts to pursue and facilitate affordable
housing development through State funding
opportunities, This Program does not result in
direct housing development. Therefore, it would
not result in physical environmental impacts.
Objective: Monitor
Housing Element
Implementation Plan.
Lead: Housing and
Economic Development
Policy 9.5: Review the Sites
Inventory annually to assess
progress in achieving the City’s
RHNA allocation and, as needed,
consider identifying additional sites
or adjusting development policies,
programs, and priorities.
This Policy Action addresses the City’s efforts
to make progress on Housing Element goals and
programs by reviewing the Sites Inventory and
monitoring progress on goals. This Policy does
not result in direct housing development.
Therefore, it would not result in physical
environmental impacts.
Exhibit C, Attachment 2 | Page 21
Goal 10 Amend Zoning and Other Development Regulations to Facilitate the Construction of Housing.
Objective: Require
replacement housing to
be provided for
applicable housing
developments.
Lead: Housing and
Economic Development
Policy 10.1: For applicable
development projects that will be
removing residential units, require a
replacement housing program for
lower-income households in
accordance with Government Code
65583.2(g).
This Policy Action only addresses the City’s
efforts to promote housing security by requiring
replacement housing be considered when
development projects intend to remove existing
housing units. This Policy Action does not result
in direct or indirect housing development.
Therefore, it would not result in physical
environmental impacts.
Objective: Update
zoning and
development standards
as needed for
Emergency Shelters.
Lead: Planning
Program 10.2: Evaluate current sites,
development standards, and approval
process and update zoning regulations
and procedures to comply with
AB139/Government Code Section
65583(a)(4)(A).
This Program only addresses the City’s efforts
to comply with State housing law. This Program
does not result in direct or indirect housing
development. Therefore, it would not result in
physical environmental impacts.
Objective: Update
zoning as needed for
By-Right Permanent
Supportive Housing.
Lead: Planning
Program 10.3: Update zoning to
require permanent supportive housing
to be allowed by-right in residential
and mixed-use zoning districts per
Government Code 65651.
This Program only addresses the City’s efforts
to facilitate supportive housing by allowing it
by-right in residential and mixed-use zoning
districts. This Program does not result in direct
or indirect housing development. Therefore, it
would not result in physical environmental
impacts.
Objective: Update
zoning as needed for
Housing for
Farmworkers.
Lead: Planning
Program 10.4: Update zoning and the
definition of a “housekeeping unit” to
comply with the Employee Housing
Act.
This Program only addresses updating the City
Zoning Code to be consistent with State housing
law. This Program does not result in direct or
indirect housing development. Therefore, it
would not result in physical environmental
impacts.
Objective: Update
zoning as needed for
Accessory Dwelling
Units (ADU).
Lead: Planning
Program 10.5: Bring the ADU
zoning regulations into compliance
with the latest state laws, including
addressing programs and policies to
facilitate construction of ADUs in
Goal 1. Consider additional measures
to remove zoning impediments such
as relaxing side and rear yard setback
and open space standards and
facilitating conversion of unpermitted
accessory structures to ADUs.
This Program only addresses the City’s efforts
to make City regulations and policies consistent
with state laws regarding ADUs and to facilitate
ADU construction. This Program does not result
in direct or indirect housing development, as
ADUs are already allowed per city regulations.
Therefore, it would not result in physical
environmental impacts.
Exhibit C, Attachment 2 | Page 22
Objective: Update
zoning as needed for
Residential Care
Facilities.
Lead: Planning
Program 10.6: Update zoning
regulations for residential care
facilities to comply with state law and
to reduce barriers for establishing
facilities for special needs populations
such as persons with disabilities.
This Program only addresses updating the City
Zoning Code to promote consistency with state
law and facilitate development of housing for
special needs populations. This Program does
not result in direct or indirect housing
development. Therefore, it would not result in
physical environmental impacts.
Objective: Update
other zoning ordinance
regulations to comply
with latest state law
and reduce
impediments for
residential
development.
Lead: Planning
Program 10.7: Review zoning
ordinance regulations and reduce
development impediments or provide
incentives such as standards
pertaining to parking, open space,
density bonuses, and objective design
standards.
This Program only addresses updating the City
Zoning Code to promote consistency with state
law and to facilitate residential development in
the City. This Program does not result in direct
or indirect housing development. Therefore, it
would not result in physical environmental
impacts.
Objective: Adopt
update to
Ravenswood/Four
Corners Specific Plan
to include residential
uses at designated
locations.
Lead: Planning
Program 10.8: Adopt update to
Specific Plan to allow residential and
mixed-use development at designated
locations in plan area and address
provisions as noted in other Housing
Element policies/programs.
Additionally, address by-right
approval, objective design standards,
minimum residential requirements for
mixed use zoning, parking, open
space, transportation demand
management (TDM) program, and
other development standards. Further,
resolve inconsistencies between the
General Plan and current Specific
Plan.
This Program only addresses updating the
Ravenswood/Four Corners Specific Plan to
allow for more residential development in
specific locations of the plan area. Further, this
Program would review and revise specific plan
development standards concerning residential
and mixed-use development. This Program does
not result in direct or indirect housing
development beyond the effects of plan buildout
scenarios that are currently being evaluated
through review of and processing of the specific
plan. Therefore, it would not result in physical
environmental impacts.