Emeryville City Council
June 7, 2022

Estrella Vista Apartments, Artwork by Eric Powell. Parc on Powell Apartments, Artwork by Therese Lahaie.

May 2022
Public Review Draft
2023-2031 Housing Element
City of Emeryville
May 2022 | Public Review Draft
ORANGE COUNTY • BAY AREA • SACRAMENTO • CENTRAL COAST • LOS ANGELES • INLAND EMPIRE www.placeworks.com
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2023-2031 Housing Element
City of Emeryville
City of Emeryville 2023-2031 Housing Element Public Review Draft Table of Contents i
Table of Contents

1. Executive Summary .....................................................................................................................1

2. Introduction ................................................................................................................................1

2.1 Community Context...............................................................................................................1

2.2 Legal Context..........................................................................................................................1

2.3 General Plan Consistency.......................................................................................................1

2.4 Public Outreach......................................................................................................................2

2.5 Housing Element Organization ..............................................................................................2

3. Housing Needs Assessment..........................................................................................................4

3.2 Demographic and Housing Characteristics............................................................................4

3.3 Housing Characteristics..........................................................................................................8

3.4 Economic and Income Indicators.........................................................................................22

3.5 Housing Costs and Affordability...........................................................................................29

3.6 Special Housing Needs.........................................................................................................33

3.7 Regional Housing Needs Allocation .....................................................................................45

4. Constraints................................................................................................................................47

4.1 Introduction .........................................................................................................................47

4.2 Potential Governmental Constraints ...................................................................................47

4.3 Environmental Considerations.............................................................................................85

4.4 Non-Governmental (Market) Constraints............................................................................87

5. Assessment of Fair Housing........................................................................................................92

5.1 Outreach ..............................................................................................................................92

5.2 Assessment of Fair Housing Issues.......................................................................................94

5.3 Patterns of Integration and Segregation..............................................................................98

5.4 Access to Opportunity........................................................................................................121

5.5 Disproportionate Housing Need and Displacement Risk...................................................127

5.6 Enforcement and Outreach Capacity.................................................................................131

5.7 Site Inventory Analysis.......................................................................................................133

5.8 Contributing Factors...........................................................................................................153 City of Emeryville 2023-2031 Housing Element Public Review Draft Table of Contents ii

6. Housing Resources...................................................................................................................156

6.1 Progress Towards RHNA.....................................................................................................156

6.2 Additional Opportunities for Residential Development and Affordable Housing .............175

6.3 Environmental Considerations...........................................................................................177

6.4 Facilities and Infrastructure ...............................................................................................180

6.5 Representative Projects.....................................................................................................180

6.6 Financial and Administrative Resources............................................................................187

6.7 Opportunities for Energy Conservation .............................................................................196

7. Achievement of 2015–2023 Housing Element Goals..................................................................199

7.1 Effectiveness of Programs for Special Housing Needs.......................................................199

7.2 Key Accomplishments........................................................................................................199

8. Goals, Policies, and Programs...................................................................................................202

8.1 Goals and Policies...............................................................................................................202

8.2 Programs............................................................................................................................204

8.3 Quantified Objectives.........................................................................................................232 Appendix A: Review of Previous Programs...................................................................................235 A.1 Introduction .......................................................................................................................235 Appendix B: Summary of Public Input .........................................................................................262 B.1 Outreach Campaign ...........................................................................................................262 B.2 Consultations .....................................................................................................................263 B.3 Surveys and Live Polling .....................................................................................................265 B.4 Comments from Meetings.................................................................................................274 B.5 Written Communication ....................................................................................................276 CHARTS
Chart 5-1. S&P/Case-Shiller CA-San Francisco Home Index Price, 2000-2022 .........................................105 Chart 5-2. Zillow Housing Value Index, 2000-2022...................................................................................106 Chart 5-3. Unit Count and Site Acreage by HCD/TCAC Opportunity Area................................................134 Chart 5-4. Unit Count and Site Acreage by HCD/TCAC Opportunity Area, Education Domain ................137 Chart 5-5. Unit Count and Site Acreage by Diversity Index ......................................................................140 Chart 5-6. Unit Count and Site Acreage by Median Income and Poverty Status......................................143 Chart 5-7. Unit Count and Site Acreage by Female Headed Households.................................................146 Chart 5-8. Unit Count and Site Acreage by Population with a Disability ..................................................149 Chart 5-9. Unit Count and Site Acreage by Overpayment by Renting Households..................................151 City of Emeryville 2023-2031 Housing Element Public Review Draft Table of Contents iii

FIGURES
Figure 2-1: People Living with HIV, Oakland & Surrounding Area, Year-End 2019................................39 Figure 5-1: TCAC Opportunity Areas – Composite Score 2021 ..............................................................97 Figure 5-2: Historic Redlining Map.......................................................................................................101 Figure 5-3: City Districts .......................................................................................................................102 Figure 5-4: Predominant Population, 2019..........................................................................................112 Figure 5-5: HCD/TCAC Opportunity Map– Economic Domain .............................................................114 Figure 5-6: Median Income, 2019 ........................................................................................................115 Figure 5-7: Poverty Status, 2019 ..........................................................................................................116 Figure 5-8: Familial Status, 2019 ..........................................................................................................118 Figure 5-9: Population with a Disability, 2019 .....................................................................................120 Figure 5-10: TCAC/HCD Opportunity Map – Education Domain............................................................123 Figure 5-11: Overpayment by Renter Households, 2019.......................................................................130 Figure 5-12: Sites Inventory Analysis by HCD/TCAC Opportunity Areas................................................135 Figure 5-13: Sites Inventory Analysis by HCD/TCAC Opportunity Areas, Education Domain ................138 Figure 5-14 Sites Inventory Analysis by Predominant Population ........................................................141 Figure 5-15: Sites Inventory Analysis by Median Income ......................................................................144 Figure 5-16: Sites Inventory Analysis by Female Headed Households...................................................147 Figure 5-17: Sites Inventory Analysis by Population with Disability ......................................................150 Figure 5-18: Sites Inventory Analysis by Overpayment by Renters .......................................................152 Figure 6-1. Sites Inventory ...................................................................................................................157 TABLES
Table 3-1. Population Trends and Projections, 1950 to 2040.......................................................................4 Table 3-2. Population Growth Comparison, 2010 to 2019 ...........................................................................5 Table 3-3. Household Population and Composition, 2010 and 2019 ...........................................................6 Table 3-4. Household and Family Size, 2019 ................................................................................................6 Table 3-5. Population Age Distribution, 2010 and 2019...............................................................................7 Table 3-6. Comparison of 19 and Under Population, 2019 ..........................................................................7 Table 3-7. Race and Ethnicity, 2010 and 2019..............................................................................................8 Table 3-8. Housing Units by Structure Type, 2010 and 2020 .....................................................................10 Table 3-9. Housing Tenure, 2010 and 2019 ................................................................................................11 Table 3-10. Bedrooms per Unit, 2019.........................................................................................................11 Table 3-11. Persons per Occupied Housing Unit, 2010 and 2019...............................................................12 Table 3-12. Vacant Units by Type, 2019 .....................................................................................................13 City of Emeryville 2023-2031 Housing Element Public Review Draft Table of Contents iv
Table 3-13. Overcrowded Housing Units, 2013-2017.................................................................................13 Table 3-14. Assisted Housing Units at Risk of Conversion, 2021 ................................................................15 Table 3-15. Assisted Housing Units Not at Risk of Conversion, 2021 .........................................................16 Table 3-16. Example Projects, Construction Costs, 2021 ...........................................................................17 Table 3-17. Rental Assistance Required, 2021............................................................................................18 Table 3-18. Organizations Interested in Preserving At-Risk Housing, 2021 ...............................................20 Table 3-19. Employed Residents by Industry, 2011 and 2019....................................................................23 Table 3-20. Educational Attainment for Residents Aged 25 Years and Older, 2015-2019.........................24 Table 3-21. Household Incomes, 2011 and 2019........................................................................................25 Table 3-22. Households by Income Category and Tenure, 2017 ................................................................26 Table 3-23. Median Monthly Rental Price and Rental Range by Unit Size, 2021 .......................................30 Table 3-24. Housing Cost Burden, 2017......................................................................................................32 Table 3-25. Household Size by Tenure, 2019..............................................................................................33 Table 3-26. Household Types by Family Subtype, 2019 .............................................................................34 Table 3-27. Female-Headed Households by Poverty Status, 2019.............................................................35 Table 3-28. Senior Households by Tenure and Age, 2019 ..........................................................................35 Table 3-29. Senior Households by Income, 2019........................................................................................35 Table 3-30. Disabilities by Type, 2015-2019 ...............................................................................................36 Table 3-31. Developmentally Disabled Residents by Age, 2020.................................................................38 Table 3-32. Alameda County Homeless Count, 2009-2019 ........................................................................41 Table 3-33. Homeless Households With and Without Children, 2019 .......................................................41 Table 3-34. Sheltered and Unsheltered Homeless Population, 2013 and 2019.........................................41 Table 3-35. Homeless with Special Needs, 2021 ........................................................................................42 Table 3-36. Homeless Housing Resources in Alameda County, 2020.........................................................43 Table 3-37. 2023–2031 RHNA by Income Category....................................................................................46 Table 4-1: Residential Land Use Classifications..........................................................................................48 Table 4-2: Zones Where Residential Uses Are Permitted...........................................................................50 Table 4-3: Capacity for Emergency Shelters...............................................................................................58 Table 4-4: Maximum Floor Area Ratio........................................................................................................63 Table 4-5: Maximum Height .......................................................................................................................63 Table 4-6: Maximum Density ......................................................................................................................64 Table 4-7: Residential Development Standards..........................................................................................65 Table 4-8: Residential Parking Standards....................................................................................................68 Table 4-9: Bonus Points for Affordable Units in Project.............................................................................69 Table 4-10: Time Between Entitlements and Building Permits..................................................................72 Table 4-11: Planning and Application Fees.................................................................................................78 Table 4-12: Residential Development Impact Fees ....................................................................................80 City of Emeryville 2023-2031 Housing Element Public Review Draft Table of Contents v
Table 4-13: Sample Fee Scenarios ..............................................................................................................81 Table 4-14: Sample of Sales Comparables, 2020-2021...............................................................................89 Table 4-15: Mortgage Interest Rates..........................................................................................................91 Table 5-1. Poverty Status in Emeryville, 2012-2019 .................................................................................104 Table 5-2. Emeryville Median Contract Rent, 2000-2019.........................................................................107 Table 5-3. Racial/Ethnic Population Trends, 1930-2019...........................................................................110 Table 5-4. Housing Issues in Emeryville ....................................................................................................154 Table 6-1. Capacity to Accommodate the 2023–2031 RHNA ...................................................................159 Table 6-2. Planned and Approved Residential Developments .................................................................161 Table 6-3. Vacant and Underutilized Residential Sites.............................................................................167 Table 6-4: Potential Hazards by Site .........................................................................................................179 Table 6-5: Representative Projects...........................................................................................................181 Table 6-6: Projects on Less Than 0.5 Acres Under 5th Cycle RHNA..........................................................185 Table 6-7: Projects That Count Towards 5th Cycle RHNA That Are Not On the 5th Cycle Site Inventory List......................................................................................................................................186 Table 6-8: Funding Programs to Support Housing Activities Representative Projects.............................194 Table 8-1: Assessors Parcels Numbers Subject to AB 1397 ......................................................................226 Table 8-2. Quantified Objectives ..............................................................................................................232 Table A-1. Review of Previous Programs..................................................................................................235 Table B-1. Outreach Activities by Date and Topics...................................................................................263 Table B-2. Summary of Surveys and Live Polling ......................................................................................266 Table B-3. How old are you? .....................................................................................................................266 Table B-4. Which racial or ethnic group(s) do you identify as? ................................................................267 Table B-5. What is your annual household income? ................................................................................267 Table B-6. Describe your role in the Emeryville Community ....................................................................268 Table B-7. If you are an Emeryville resident, what type of housing do you currently live in? .................268 Table B-8. If you are an Emeryville resident, how would you rate the physical condition of your home? ............................................................................................................................................269 Table B-9. What type of housing would you like to see built in Emeryville?............................................269 Table B-10. What are the three most important housing objectives for Emeryville of these choices?...270 Table B-11. Are there populations that you believe are underserved in Emeryville?..............................271 Table B-12. Housing Choices.....................................................................................................................272 Table B-13. Place-based Conservation and Revitalization........................................................................273 Table B-14. Displacement Prevention.......................................................................................................274 City of Emeryville 2023-2031 Housing Element Public Review Draft Table of Contents vi
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City of Emeryville 2023-2031 Housing Element Public Review Draft Executive Summary ES-1

1. Executive Summary
This section will be added at a later date.

City of Emeryville 2023-2031 Housing Element Public Review Draft Executive Summary ES-2
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City of Emeryville 2023-2031 Housing Element Public Review Draft Introduction 1

2. Introduction

2.1 Community Context
Emeryville is located in the San Francisco Bay Area at the gateway to the East Bay. Emeryville is one of the smallest cities in the Bay Area, covering an area of just 1.2 square miles. It is located between Berkeley (to the north), Oakland (to the south), and the San Francisco Bay (to the west). Emeryville is located at the eastern end of the Bay Bridge, a major crossing between the East Bay and San Francisco.

Emeryville was incorporated in 1896 as a city of industry and business at transportation crossroads.

Today, Emeryville is a bustling mixed-use city that includes a vibrant arts community, high-tech industries such as software, animation, and biotechnology, retail and entertainment destinations, and a variety of housing, from older single-family neighborhoods to converted live/work lofts and higherdensity apartments and condominiums.

2.2 Legal Context
The Housing Element is one of the state-mandated elements of the General Plan. It is the only General Plan element that is subject to review and certification by the state. Emeryville’s Housing Element was last adopted and certified in 2014.

State requirements for housing elements are more detailed and specific than for other general plan elements. This Housing Element meets the requirements of housing law specified in California Government Code Sections 65580 through 65589.8. The law emphasizes the availability of housing as a statewide priority and requires participation from regional and local governments as well as the private sector. State law says that the housing element “shall consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, and scheduled programs for the preservation, improvement, and development of housing.”

2.3 General Plan Consistency
State law requires that the General Plan and all of its elements comprise an integrated, internally consistent, and compatible statement of policies. The other elements of the Emeryville General Plan (Land Use; Transportation; Parks, Open Space, Public Facilities, and Services; Urban Design; Conservation, Safety, and Noise; and Sustainability) were adopted in 2009 and amended several times since then. The General Plan and a description of each amendment is available on the City’s website. In 2019 the City adopted the 2019-2024 Local Hazard Mitigation Plan. This Housing Element builds upon the current General Plan and is consistent with its goals, policies, and implementation actions. The City will continue to review the General Plan for internal consistency as amendments are proposed and adopted.

City of Emeryville 2023-2031 Housing Element Public Review Draft Introduction 2

2.4 Public Outreach
The City conducted an outreach campaign to gather information regarding housing needs, issues, and preferences in the community. Throughout the update process, input was considered and incorporated into the housing element.

Outreach events included two community workshops, fair housing and service provider consultations, and a series of public study sessions and hearings with the Housing Committee, Planning Commission, and City Council. The City provided information regarding the update on a dedicated page of the City’s website and offered opportunities for input through two online surveys. Participation opportunities were advertised on the City’s website, through flyer distribution, posters displayed in local businesses and via direct e-mail to people who previously signed up to the City’s housing email notification list and stakeholders, including local property managers, developers, community groups, nonprofit service organizations, residents, and elected officials.

See Appendix B for a summary of outreach activities and input.

2.5 Housing Element Organization
This Housing Element is organized as follows:

Chapter 3. Housing Needs Assessment – A profile of the community, including an analysis of the city’s population, housing characteristics, employment and income trends, and special housing needs.

Chapter 4. Potential Constraints – A review of potential governmental, market, and environmental constraints that may inhibit housing development.

Chapter 5. Assessment of Fair Housing – Analyses of segregation, integration, disparities in access to opportunity, and disproportionate housing needs.

Chapter 6. Housing Resources – An evaluation of the land, programmatic, and financial resources available to meet Emeryville’s housing needs.

Chapter 7. Summary of Review of the 2015-2023 Housing Element – A summary of measures taken to implement policies and programs from the 2015-2023 Housing Element. (Full review in Appendix A.)
Chapter 8. Goals, Policies, and Programs – A housing plan with goals, policies, and programs to address Emeryville’s housing needs for the 2023–2031 planning period.

Appendix A. Review of the 2015-2023 Housing Element – A full review of measures taken to implement policies and programs from the 2015-2023 Housing Element including accomplishments toward meeting objectives, and the continued appropriateness of each policy and program for the upcoming planning period. (Summary in Chapter 7.) City of Emeryville 2023-2031 Housing Element Public Review Draft Introduction 3
Appendix B. Summary of Public Input – A description of outreach activities and input from the public and stakeholders on housing needs, issues, and preferences in the community.

City of Emeryville 2023-2031 Housing Element Public Review Draft Housing Needs Assessment 4

3. Housing Needs Assessment

3.1.1 DATA DESCRIPTION
This section of the Housing Element provides quantification and descriptive analysis of existing and projected housing needs and resources available to address these needs. The information provided below is derived primarily from datasets prepared by the Association of Bay Area Government (ABAG) and approved by HCD. These datasets rely on data reported by American Community Survey (ACS), California Department of Finance (DOF), California Economic Development Department, U.S.

Department of Housing and Urban Development (HUD) Comprehensive Housing Affordability Strategy (CHAS), and the Department of Agriculture Agricultural Census. Where more current information is available, it has been provided. Please note that numbers for the same type of data (e.g., households) may not exactly match in different tables and sections because of the different data sources and samples used.

The City of Emeryville, a population of approximately 12,000 people, is small in comparison to more populated cities in Alameda County and the rest of the Bay Area. Due to the relatively small population size, differences between categories of information or changes over time that are expressed as precents may seem to have an exaggerated significance. These instances occur infrequently and have been documented as part of the analysis.

3.2 Demographic and Housing Characteristics

3.2.1 POPULATION TRENDS AND PROJECTIONS
As illustrated in Table 3-1, according to the California Department of Finance, the city’s population has increased significantly since 1970. Between 2010 and 2020 Emeryville grew approximately 22 percent, from 10,080 to 12,298 persons. The Association of Bay Area Governments (ABAG) projects continued growth in Emeryville through 2040, at which time the city’s population is expected to reach 34,130.

Table 3-1. Population Trends and Projections, 1950 to 2040 Year Population Percentage Change
1950 2,889 —
1960 2,686 -7%
1970 2,681 - <1%
1980 3,714 39%
1990 5,740 55%
2000 6,882 20%
2010 10,080 46%
2020 12,298 22%
2030* 16,050 31%
2040* 34,130 113%
Sources: California Department of Finance Historic Populations, 2020; ABAG Data Profiles for Housing Elements, 2021; ABAG Projections, 2021
* ABAG Projection
City of Emeryville 2023-2031 Housing Element Public Review Draft Housing Needs Assessment 5
As shown in Table 3-2, growth in Emeryville significantly outpaced growth in nearby cities and in Alameda County as a whole.

Table 3-2. Population Growth Comparison, 2010 to 2019
Jurisdiction 2010 Population 2019 Population Percentage Change Emeryville 10,080 11,899 18%
Oakland 390,724 425,097 9%
Berkeley 112,580 121,485 8%
Alameda County 1,510,271 1,656,754 10%
Sources: US Census 2010; American Community Survey 5-Year Data (2015-2019)

3.2.2 HOUSEHOLD SIZE AND COMPOSITION
The US Census defines a household as consisting of all the people who occupy a housing unit. A household includes the related family members and all the unrelated people, if any, such as lodgers, foster children, wards, or employees who share the housing unit. A person living alone in a housing unit, or a group of unrelated people sharing a housing unit, such as partners or roomers, is also counted as a household. The US Census defines a family as a group of two or more people (one of whom is the householder) related by birth, marriage, or adoption and residing together. The definition of family in the City’s code is “two (2) or more persons occupying a dwelling unit and living together as a single housekeeping unit and sharing common living, sleeping, cooking and eating facilities. Members of a family need not be related by blood but are distinguished from a group occupying a hotel, club, fraternity or sorority house.” This is compliant with California fair housing law. The US Census defines a family household as a household maintained by a householder who is in a family (as defined above) and includes any unrelated people (unrelated subfamily members and/or secondary individuals) who may be residing there. The number of family households is equal to the number of families. However, the count of family household members differs from the count of family members in that the family household members include all people living in the household, whereas family members include only the householder and his/her relatives. The US Census defines group quarters as places where people live or stay in a group living arrangement that is owned or managed by an organization providing housing and/or services for the residents. Group quarters include such places as college residence halls, residential treatment centers, skilled nursing facilities, group homes, military barracks, prisons, and worker dormitories.

As of 2010, nearly all Emeryville residents were part of the household population, with only 73 people (1 percent of the total population) residing in group quarters. In 2019, the percentage in group quarters was less than 1 percent (5 total residents). As such, with rounding, the percentage of the population in households had effectively grown to 100 percent of the total population. The city’s household population was split approximately evenly between those residing in family households (52 percent) and those in non-family households (48 percent). As shown in Table 3-3, while there was growth in family and non-family households and a decline in the population in group quarters from 2010 to 2019, there was limited change in the overall composition (based on percentage of total population). This trend in City of Emeryville 2023-2031 Housing Element Public Review Draft Housing Needs Assessment 6
less residents residing in group quarters could indicate a need to alleviate a constraint to developing more group quarters for extremely low-income people (Program LL).

Table 3-3. Household Population and Composition, 2010 and 2019 2010 2019
Percentage
Number of Change
Persons
% of Total
Population
Number of
Persons
% of Total
Population
Household population 10,007 99% 11,894 100% 19%
In family households 4,910 49% 6,146 52% 25%
In non-family households 5,097 51% 5,748 48% 13%
Population in group quarters 73 1% 5 <1% -93%
Total population 10,080 100% 11,899 100% 18%
Sources: US Census 2010; American Community Survey 5-Year Data (2015-2019) As of 2019, the average household size in Emeryville was 1.81 persons. As shown in Table 3-4, the average household size in Emeryville was low in comparison to Alameda County and statewide averages of 2.82 and 2.95, respectively. Similarly, the average family size of 2.56 persons in Emeryville was low in comparison to Alameda County and the State of California, which had averages of 3.37 and 3.53, respectively.

Table 3-4. Household and Family Size, 2019
Jurisdiction Average Household Size Average Family Size Emeryville 1.81 2.56
Alameda County 2.82 3.37
State of California 2.95 3.53
Source: American Community Survey 5-Year Data (2015-2019)

3.2.3 AGE CHARACTERISTICS
The median age of Emeryville residents increased slightly between 2010 and 2019, from 35 to 35.8 years of age. This was slightly younger than the statewide median in 2019, which was 36.5 years, and comparable to the median age in Alameda County, which was 37.6.

As shown in Table 3-5, while there was growth in the Emeryville population at all age levels, the overall age composition shifted older between 2010 and 2019. While there was an increase in the number of residents aged four and younger (from 424 in 2010 to 446 in 2019, a 5-percent increase), all other age groups aged 24 and younger experienced a decrease in population. The percentage of the population aged 25 to 34 increased from 29 to 33 percent (from 2,937 in 2010 to 3,922 in 2019, a 34-percent increase). The percentage of the population aged 65 and older increased from 10 to 13 percent (from 1,006 in 2010 to 1,527 in 2019, a 52-percent increase). This trend indicates that there could be a need for more housing suitable for seniors or for residents to continue to age in place (Programs G, R, X, CC, OO, and UU).

City of Emeryville 2023-2031 Housing Element Public Review Draft Housing Needs Assessment 7
Table 3-5. Population Age Distribution, 2010 and 2019
Age Range
2010 2019
Percentage
Change
Number of
Persons
% of Total
Population
Number of
Persons
% of Total
Population
4 and younger 424 4% 446 4% 5%
5 to 14 486 5% 421 4% -13%
15 to 19 281 3% 242 2% -14%
19 and younger 1,191 12% 1,109 9% -7%
20 to 24 904 9% 718 6% -21%
25 to 34 2,937 29% 3,922 33% 34%
35 to 44 1,738 17% 2,240 19% 29%
45 to 54 1,266 13% 1,250 11% -1%
55 to 64 1,038 10% 1,133 10% 9%
20 to 64 7,883 78% 9,263 78% 18%
65 to 74 614 6% 889 7% 45%
75 to 84 292 3% 365 3% 25%
85 and older 100 1% 273 2% 173%
65 and older 1,006 10% 1,527 13% 52%
Total Population 10,080 100% 11,899 100% 18%
Sources: US Census 2010, American Community Survey 5-Year Data (2015-2019) As of 2019, the percentage of the population aged 19 and younger in Emeryville was markedly lower than that of nearby jurisdictions. As shown in Table 3-6, this age group represented 9 percent of the Emeryville population in 2019, whereas in Albany, Berkeley, and Oakland, it accounted for between 22 and 27 percent of the overall population. Due to the low percentage of the population under age 19 residing in Emeryville, compared to the region, the City will implement a variety of programs to ensure developers create units to address the needs of families of all sizes and the City expands its outreach to target households with school age children (Programs R, HH).

Table 3-6. Comparison of 19 and Under Population, 2019
Jurisdiction Total Population 19 and Under Population Percentage of Population Alameda County 1,656,754 382,964 23%
Albany 19,804 5,376 27%
Berkeley 121,485 26,180 22%
Emeryville 11,899 1,109 9%
Oakland 425,097 92,725 22%
Source: American Community Survey 5-Year Data (2015-2019)

3.2.4 RACIAL AND ETHNIC CHARACTERISTICS
Table 3-7 compares Emeryville’s race and ethnic composition in 2010 and 2019. During this time, the number of individuals in all racial and ethnic groups in Emeryville increased, with the exception of American Indian/Alaska Native and Native Hawaiian/Pacific Islander. The overall population remained City of Emeryville 2023-2031 Housing Element Public Review Draft Housing Needs Assessment 8
relatively stable in terms of race and ethnic proportions and continues to be predominantly nonHispanic (90 percent). Whites comprise the largest racial group at 40 percent of the total population, Asians are the second-largest group (28 percent), and Blacks or African Americans made up the third (15 percent) largest. In terms of growth, the Asian population has experienced a 23-percent increase as a measure of the total population and the American Indian and Alaska Native population has experienced a decrease of 21 percent, to total less than 1 percent of the population. The total population change for the American Indian and Alaska Native population may seem drastic but the decline in population is from 19 individuals to 15 individuals, a population change of four. This data comparison is an example of how percentile change in this analysis should be evaluated with demographic context in mind.

Table 3-7. Race and Ethnicity, 2010 and 2019
Race or Ethnicity
2010 2019
Percentage
Change
Number of
Persons
Percentage
Number of
Persons
Percentage
Non-Hispanic 9,153 91% 10,760 90% 18%
White 4,057 40% 4,794 40% 18%
Black or African American 1,733 17% 1,752 15% 1%
American Indian and Alaska Native 19 <1% 15 0% -21%
Asian 2,756 27% 3,388 28% 23%
Native Hawaiian, and Pacific Islander 16 <1% 60 1% 275% Other race 44 <1% 47 0% 7%
2 or more races 528 5% 704 6% 33%
Hispanic 927 9% 1139 10% 23%
Mexican 554 5% 525 4% -5%
Puerto Rican 66 1% 160 1% 142%
Cuban 23 <1% 23 0% 0%
Other Hispanic or Latino 284 3% 431 4% 52%
Total Population 10,080 100% 11,899 100% 18%
Source: US Census 2010; American Community Survey 5-Year Data (2015-2019) (ABAG Data Profiles for Housing Elements, 2021))

3.3 Housing Characteristics

3.3.1 HOUSING TYPES
Prior to 1970, single-family homes and small apartment buildings in the eastern neighborhoods typified residential housing in the city. In the 1970s and 1980s, two large residential projects (Pacific Park Plaza and Watergate) together added 1,830 units. In 2000, these two projects represented 30 percent of the city’s total housing stock. In the 1990s, construction of live/work lofts, medium-density, mixed-use, and single-use residential projects typified development. Since 2000, this pattern of adding medium- to highdensity housing and mixed-use developments that include housing has continued.

City of Emeryville 2023-2031 Housing Element Public Review Draft Housing Needs Assessment 9
From 2010 to 2020, the number of housing units in Emeryville increased by approximately 56 percent.

As shown in Table 3-8, while there was growth in housing units of all structure types, the majority of units were in multifamily structures of five more units. As of 2020, the majority of the Emeryville housing stock (88 percent or 6,509 units) was in multifamily housing.

City of Emeryville 2023-2031 Housing Element Public Review Draft Housing Needs Assessment 10
Table 3-8. Housing Units by Structure Type, 2010 and 2020 Structure Type
2010 2020
Percentage
Change
Number of
Units
Percentage
Number of
Units
Percentage
Single-family, attached or detached 821 13% 819 11% -<1% Multifamily, 2 to 4 units 751 11% 756 10% <1%
Multifamily, 5 or more units 5,038 76% 5,753 78% 14%
Mobile home1 36 1% 36 <1% 0%
Total housing units 6,646 100% 7,364 100% 11%
Permitted Live-aboard Boats in the
Emeryville Marina2
38 - -
Sources: California Department of Finance 2020 (ABAG Data Profiles for Housing Elements, 2021) 1 While the Department of Finance reports the presence of 36 mobile homes in Emeryville, City staff are unaware of any. It is possible that the permitted live-aboard boats in the Emeryville Marina were counted as mobile homes by the Department of Finance.
2 Per the City Attorney’s office, live-aboard boats are considered vessels rather than housing units and so have not been added to the total number of housing units above. However, use of permitted live-abord boats as permanent residences is allowed. The San Francisco Bay Conservation and Development Commission, which regulates live-aboard permits, has limited the number of permits to 10 percent of the total number of berths or 38 berths, whichever is less.

3.3.2 HOUSING TENURE
Housing tenure refers to the occupancy of a unit—whether it is owner-occupied or renter-occupied. As shown in Table 3-9, as of 2019, approximately 66 percent (4,322 units) of the city’s occupied housing units were renter-occupied. As compared with Emeryville, homeownership is more common in Alameda County as a whole, where, as of 2019, approximately 46 percent (268,286 units) of the county’s occupied housing units were renter-occupied. In both Emeryville and Alameda County, the proportion of owner- and renter-occupied homes remained approximately the same from 2010 to 2019. Both Emeryville and Alameda County experienced an increase of total occupied housing units between 2010 and 2019. However, Emeryville’s total occupied housing units increased by 15 percent (from 5,694 to 6,568), while Alameda County’s total occupied housing units increased by 6 percent (from 545,138 to 577,177).

During outreach activities for the preparation of this Housing Element, community members expressed concerns regarding housing tenure and a desire to create more opportunities for homeownership at all income levels. Programs A, H, I, M, P, I, and J commit the City to actions to improve homeownership opportunities.

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Table 3-9. Housing Tenure, 2010 and 2019
Tenure
2010 2019
Percentage
Change
Number of
Units
% of Total
Units
Number of
Units
% of Total
Units
Emeryville
Owner-occupied 2,013 35% 2,246 34% 12%
Renter-occupied 3,681 65% 4,322 66% 17%
Total occupied housing units 5,694 100% 6,568 100% 15%
Alameda County
Owner-occupied 291,242 53% 308,891 54% 6%
Renter-occupied 253,896 47% 268,286 46% 6%
Total occupied housing units 545,138 100% 577,177 100% 6% Source: US Census 2010, American Community Survey 5-Year Data (2015-2019) (ABAG Data Profiles for Housing Elements, 2021)

3.3.3 HOUSING UNIT SIZE AND OCCUPANCY
As shown in Table 3-10, studio and one-bedroom units account for a large portion of the city’s housing stock (approximately 64 percent or 4,169 units.) As of 2019, only 8 percent of Emeryville homes had three or more bedrooms and there were no homes with five or more bedrooms. During outreach activities for the preparation of this Housing Element, community members expressed concerns regarding housing sizes and a desire to create more opportunities for housing for larger families at all income levels.

Table 3-10. Bedrooms per Unit, 2019
Number of Bedrooms Number of Units* Percentage
0 bedroom (studio) 1,087 17%
1 bedroom 3,082 47%
2 bedrooms 1,905 29%
3-4 bedrooms 494 8%
5 or more bedrooms 0 0%
Total housing units 6,568 100%
Source: American Community Survey 5-Year Data (2015-2019) (ABAG Data Profiles for Housing Elements, 2021) *The number of units presented in this table varies from previous tables due to the data source. The ACS has a high margin of error for smaller communities such as Emeryville.

As shown in Table 3-4, as of 2019, average household size in Emeryville was 1.81 persons. As can be expected given the data regarding household sizes, and bedrooms per unit, almost half of occupied units (47 percent) in Emeryville were home to one person in 2019 (Table 3-11). The number of homes occupied by one person increased by eight percent between 2010 and 2019, however as a share of the total occupied housing units, those occupied by one person decreased (from 50 percent in 2010 to 47 percent in 2019). Two-person occupied units had the greatest change since 2010, increasing by over one-third. An additional 39 percent were two-person households. As shown in Table 3-11, there were City of Emeryville 2023-2031 Housing Element Public Review Draft Housing Needs Assessment 12
increases in one-, two-, and three-person occupancies and decreases in four-person occupancies and occupancies of five or more persons.

Members of the public and elected officials expressed concern at the lack of housing units large enough to accommodate larger families. They expressed concern that the lack of availability of these units may contribute to displacement of current residents as their families grow and may deter families from moving to Emeryville. Program R commits the City to encouraging developers to provide larger units in new developments.

Table 3-11. Persons per Occupied Housing Unit, 2010 and 2019 Number of Persons per Unit
2010 2019
Percentage
Change
Number of
Units*
Percentage
Number of
Units*
Percentage
1 person 2,871 50% 3,092 47% 8%
2 persons 1,910 34% 2,559 39% 34%
3 persons 551 10% 618 9% 12%
4 persons 230 4% 185 3% -20%
5 or more persons 132 2% 114 2% -14%
Total occupied housing units 5,694 100% 6,568 100% 15%
Source: American Community Survey 5-Year Data (2015-2019) (ABAG Data Profiles for Housing Elements, 2021) *The number of units presented in this table varies from previous tables due to the data source. The ACS has a high margin of error for smaller communities such as Emeryville.

3.3.4 VACANCY
As shown in Table 3-12, as compared to Alameda County as a whole, Emeryville has a slightly higher vacancy rate (8 percent in Emeryville, 5 percent in Alameda County). Most of the vacancy in Emeryville is related to properties being available for rent but not yet rented or for “other” reasons unspecified.

According to the 2015-2019 American Community Survey (ACS), the city had a rental vacancy rate of 3.4 percent and a homeowner rental vacancy rate of 1.4 percent. A vacancy rate of about 6 percent is generally considered to indicate a healthy market, one in which there is adequate housing available to allow for mobility but not so much as to depress the market. A low vacancy rate indicates high demand and results in upward price pressures.

City of Emeryville 2023-2031 Housing Element Public Review Draft Housing Needs Assessment 13
Table 3-12. Vacant Units by Type, 2019
Type
City of Emeryville Alameda County
Number Percentage Number Percentage
Occupied 6,568 92% 577,177 95%
Vacant 572 8% 30,919 5%
For rent 155 2% 7,998 1%
For sale 32 <1% 1,961 <1%
Rented/sold, not occupied 73 1% 3,499 <1%
For seasonal/recreational or occasional use 104 1% 3,892 <1% All other, including migrant workers 208 3% 13,569 2%
Total Housing Units 7,140 100% 608,096 100%
Rental Vacancy Rate 3.4% percent 2.9%
Homeowner Vacancy Rate 1.4% percent 0.6%
Source: American Community Survey 5-Year Data (2015-2019), Tables B25004 and DP04 (ABAG Data Profiles for Housing Elements, 2021)

3.3.5 OVERCROWDING
Overcrowded units, as defined by the US Census Bureau, have 1.01 to 1.5 persons per room; “severely overcrowded” units have more than 1.5 persons per room. Overcrowding can affect public facilities and services, reduce the quality of the physical environment, and create conditions that contribute to deterioration. As shown in Table 3-13, approximately 1 percent of owner-occupied housing units and 3 percent of renter-occupied housing units were estimated to be overcrowded. An additional 2 percent of owner-occupied units and 6 percent of renter-occupied units were severely overcrowded.

Approximately 71 percent of overcrowded households were renters.

Emeryville’s overcrowding rate was lower than that of Alameda County, where approximately 5 percent of occupied housing units were overcrowded. While overcrowding is not a major issue, this Housing Element includes programs to promote the supply of larger-sized family units with three and more bedrooms by encouraging developers to include larger units sizes and evaluate City-controlled sites for potential redevelopment as affordable family-friendly housing (Programs G and R).

Table 3-13. Overcrowded Housing Units, 2013-2017
Owner-Occupied Units Renter-Occupied Units
Number of Units % of Total Units Number of Units % of Total Units Total overcrowded units 230 4% 565 9%
Overcrowded units 79 1% 204 3%
Severely overcrowded units 151 2% 361 6%
Total occupied housing units 6,568
Source: 2013-2017 CHAS (ABAG Data for Housing Elements, 2021) * The number of occupied units presented in this table varies from previous tables due to the year and the data source. The ACS has a high margin of error for smaller communities such as Emeryville.

City of Emeryville 2023-2031 Housing Element Public Review Draft Housing Needs Assessment 14

3.3.6 HOUSING CONDITIONS
The City’s Community Preservation Committee was merged with the Public Safety Committee in 2015.

Staff continued to offer the Graffiti Removal Program and process code violations throughout the planning period. Graffiti abatement cases increased by roughly 35 percent in 2020. For the fiscal-year 2020-22, about 57 commercial graffiti cases abated with assistance from an outside vendor and 32 commercial cases abated by business owner.

As a result of code inspection efforts, numerous residences were repaired and conserved. The Building Department inspected over 500 single-family and multifamily homes in 2021 and estimated that 2% or 11 residencies were identified to need maintenance or repairs. The Triangle neighborhood had the highest number and percentage of minor, low repair or maintenance issues including the greatest number of roof issues.

The City of Emeryville Building Division entered a partnership with the Alameda County Healthy Homes Department in 2017 to host an 8-hour Renovation, Repair and Painting Rule (RRP) Training course for the public. Approximately 23 people attended the training, including property managers, painting contractors, and other interested parties. Attendees received a certification as required by the Federal EPA rules to conduct any renovation, repair, or painting worked for compensation on pre-1978 buildings.

As discussed in Appendix B, a question about housing conditions was asked during three outreach activities, including live polling exercises at the two virtual community workshops (June 29, 2021 and February 23, 2022) and an online survey that was available from July 6 to November 19, 2021.

Approximately half of the respondents stated their homes were not in need of rehabilitation, however, for some of those respondents, the common spaces in the multi-unit building where they live were in need of maintenance or repairs. Among the other half of the respondents, most said their home was in need of minor repairs and a few said their home needed major repairs.

Policy H-2-1addresses rehabilitation of the City’s existing housing stock to correct housing deficiencies, increase the useful life and accessibility for all residents. Programs that support this policy include the following activities:
• Continuing to support housing repair and/or rehabilitation programs for lower-income households in partnership with other organizations (Program X). • Identifying areas of concentrated rehabilitation need, including through outreach to Homeowners Associations managing condominium developments (Program X). • Continuing to promote home maintenance education (Program X). • Establishing a Rental Preservation program, as described in the City’s 2021 Affordable Housing Bond Administration and Expenditure Plan (Program Y).
• Encouraging energy conservation and green building materials in residential remodel projects (Program Z).

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3.3.7 AFFORDABLE UNITS AT RISK OF CONVERSION TO MARKET RATE A variety of programs have provided incentives for the development of affordable rental housing in Emeryville. Programs are administered by the US Department of Housing and Urban Development (HUD), insured by the Federal Housing Administration (FHA), financed by Multifamily Revenue Bond issuance or tax credits, or subject to a housing agreement under the City’s Affordable Housing Set-Aside Ordinance. Through these programs, units are restricted for periods of up to 55 years. Once the term of the contract is up, the owner of the rental units can raise rents to market rate. This can have the effect of displacing low- and very low-income tenants who cannot afford increased rents.

Table 3-14 lists assisted housing projects in the City of Emeryville and identifies their current contract expiration dates after which conversion to market-rate housing is possible. According to the California Housing Partnership Corporation (CHPC), two properties have assisted units that are at risk of converting to market rate in the 10-year period from 2021 to 2029: Ocean Avenue Court (1265-69 Ocean) and Bakery Lofts I & II (1010 46th Street or 4600 Adeline) (State law requires that Housing Elements examine units at risk for a 10-year period from the beginning of the planning period.) Ocean Avenue Court is assisted by HOME Rental Assistance, and the agreement expires in June 2026. However, because Ocean Avenue Court is owned by the Housing Authority of Alameda County, there is a low risk of losing the affordable units. Bakery Loft I & II was assisted with a $250,000 loan from the Emeryville Redevelopment Agency and Federal Rehab Tax Credits. The property’s agreement to provide affordable units expires in June 2028. The Bakery Loft I & II property is owned by Madison Park, a full-service real estate development company that is based in Oakland, California. As a private, full service real estate firm, its unclear if Madison Park will continue affordability of the at risk units once the requirement to do so expires.

Table 3-14. Assisted Housing Units at Risk of Conversion, 2021 Project Name & Location Type Total Units Assisted Overall Expiration Date Ocean Avenue Court –
1265-69 Ocean Avenue HOME Rental Assistance 6 6 6/18/2026 Bakery Lofts I & II
4600 Adeline 41 8 6/02/2028
Notes: California Housing Partnership Corporation, 2021 City of Emeryville 2023-2031 Housing Element Public Review Draft Housing Needs Assessment 16
Table 3-15. Assisted Housing Units Not at Risk of Conversion, 2021 Project Name & Location Total Units Assisted
3900 Adeline, 3900 Adeline 101 12
Ambassador Housing, 3610 Peralta Street 69 68
Artistry (Archstone) Emeryville, 6401 Shellmound Street 261 52 Avalon Senior Apartments, 3850 - 72 San Pablo Avenue, 67 66 Avenue 64, 6399 Christie Avenue 224 23
Bay Bridge Apartments, 1034 36th Street 6 6
Bay Street Apartments / AVE Emeryville at Bay Street, 5684 Bay Street 284 57 Bridgecourt Apartments, 1325 40th Street 220 88
The Courtyards, 1465 65th Street 331 61
Emeryvilla, 4320 San Pablo Avenue 50 50
Emme, 6350 Christie Avenue 190 29
Estrella Vista, 3706 San Pablo Avenue 87 86
Icon at Park, 1401 Park Avenue 54 3
Magnolia Terrace, 4001 Adeline Street 5 5
Parc on Powell, 1333 Powell Street 172 21
The Courtyards, 1465 65th 331 63
Triangle Court, 1063-1069 45th Street 20 20
Marketplace-Parcel D, Shellmound Street 223 25
Marketplace-Parcel C2, 62nd and Shellmound 66 7
The Intersection Mixed Use "Maz", 3800 San Pablo Avenue 108 11 Total 2,869 753
Notes: City of Emeryville, 2022
To maintain the existing affordable housing stock, the City can either preserve the existing assisted units or facilitate the development of new units. Depending on the circumstances of at-risk projects, different options may be used to preserve or replace the units. Preservation options typically include: (1) construction of replacement units, (2) transfer of project to nonprofit ownership, (3) provision of rental assistance to tenants using non-federal funding sources, and (4) purchase of affordability covenants.

These options are described herein.

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3.3.7.1 Construction of Replacement Units
The construction of new affordable housing units is a means of replacing the at-risk units should they be converted to market-rate units. The cost of developing housing depends on a variety of factors, including density, size of the units (i.e., square footage and number of bedrooms), location, labor, materials and land costs, and type of construction. As shown in Table 3-16, based on four recent projects at various stages of planning or completion, average cost to construct multifamily housing in Emeryville (not including land costs) is estimated to be $437.50 per square foot. The four representative projects include one completed in 2020, and as of August 2021, one under construction, one proposed, and one entitled.

Table 3-16. Example Projects, Construction Costs, 2021
Project Type Project Status
Total
Units
Affordable
Construction Cost
Per Square Foot
Total Development Cost
Per Square Foot
1 100% Affordable Completed 2020 87 87 $258 $360
2 Mixed-Income Under construction 186 8 $405 Unknown
3 100% Affordable Proposed TBD 100% $531 $843
4 100% Affordable Entitled TBD 100% $556 $908
Average $438
Source: City of Emeryville, 2021
At an average size of 1,000 square feet per unit, $437.50 per square foot, the cost to replace each unit would be approximately $437,500. At this rate, the approximate cost for building 14 replacement units would be $6,125,000, in addition to the cost of land.

3.3.7.2 Transfer of Ownership
Transferring ownership of an at-risk project to a nonprofit housing provider is generally one of the least costly ways to ensure that at-risk units remain affordable for the long term. By transferring property ownership to a nonprofit organization whose mission includes affordable housing, the risk of losing the low-income restrictions is minimized, and the project would become potentially eligible for a greater range of governmental assistance.

The current market value of units in Emeryville projects was estimated using information from multifamily sales listings within Emeryville’s boundaries. The average cost to purchase a multifamily development was $380,615 per unit (based on four sales listings for multifamily properties on real estate websites in August 2021). Although these are list prices, rather than sale prices and it is a small sample size, it is still useful for this comparison. There are 14 units at risk of converting to market rate within the current planning cycle. Using the average cost of $380,615 per unit, the estimated cost of acquiring 14 units would be $5,328,610.

3.3.7.3 Rental Assistance
Rental subsidies using non-federal (state, local, or other) funding sources can be used to maintain affordability of the 14 at-risk affordable units. These rent subsidies can be structured to mirror the City of Emeryville 2023-2031 Housing Element Public Review Draft Housing Needs Assessment 18
federal Housing Choice Voucher (Section 8) program. Under Section 8, HUD pays the difference between what tenants can pay (defined as 30 percent of household income) and what HUD estimates as the fair market rent on the unit. As shown in Table 3-21, in 2021, fair market rent for the Oakland-Fremont Metro area was determined to be $1,595 for an efficiency unit, $1,934 for a one-bedroom unit and $2,383 for a two-bedroom unit. According to a rent study of 23 cities in the Bay Area performed by Zumper, median rents for one-bedroom units in Emeryville in June 2021 were higher than all but six cities in the study and were above the state average. Therefore, Table 3-17 also uses rental listings in Emeryville surveyed in June 2021 on Zillow.com. Those listed rents averaged $2,169 for an efficiency unit, $2,400 for a one-bedroom unit, and $3,187 for a two-bedroom unit.

The affordable units at Bakery Loft I & II are currently reserved for households earning moderate incomes (120 percent of the Area Median Income [AMI]). The federal Housing Choice Voucher (Section 8) program is only available for households earning 50 percent of AMI or less. If the City designed a program that mirrored the approach of the Housing Choice Voucher program, a moderate-income level could be incorporated. However, in the calculation shown in Table 3-17, both the fair market rents calculated by HUD for the Oakland-Fremont Metro area and the average rents from the survey of listings on Zillow.com are affordable to moderate-income households and would not require a subsidy.

Therefore, preservation of Bakery Loft I & II is not calculated in this scenario.

For the units reserved for Very Low-Income households at Ocean Avenue Court, a larger subsidy would be needed if relying on the listings found for rentals in Emeryville, as compared with the fair market rents calculated by HUD for the Oakland-Fremont Metro area. All 6 units at Ocean Avenue Court are reserved for very low-income households. There are 2 two-bedroom units and 4 three-bedrooms units, Using Fair Market Rents calculated by HUD, preserving these units would require an annual estimated subsidy of $20,202 for the two two-bedroom units and $71,208 for the four three-bedroom units. The estimated total subsidy for Ocean Avenue Court would be $91,410.

The feasibility of this alternative is highly dependent on the availability of other funding sources necessary to make rent subsidies available and the willingness of property owners to accept rental vouchers if they can be provided.

Table 3-17. Rental Assistance Required, 2021
Unit Size
Fair Market
Rent1
Household
Size
Very Low Income
(50% AMI)
Affordable Cost
Without Utilities3
Monthly per
Unit Subsidy
Annual per
Unit Subsidy
Efficiency $1,595 1 $47,950 $1,199 $396 $4,755
1-bedroom $1,934 2 $54,800 $1,370 $564 $6,768
2-bedroom $2,383 3 $61,650 $1,541 $842 $10,101
3-bedroom $3,196 4 $68,500 $1,713 $1,484 $17,802
Unit Size
Median Rents
Listings2
Household
Size
Very Low Income
(50% AMI)
Affordable Cost
Without Utilities3
Monthly per
Unit Subsidy
Annual per
Unit Subsidy
Efficiency 2,169 1 $47,950 $1,199 $970 $11,643
1-bedroom 2,400 2 $54,800 $1,370 $1,030 $12,360
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2-bedroom 3,187 3 $61,650 $1,541 $1,646 $19,749
Unit Size
Fair Market
Rent1
Household
Size
Moderate Income
(80% AMI)
Affordable Cost
Without Utilities3
Monthly per
Unit Subsidy
Annual per
Unit Subsidy
Efficiency $1,595 1 $105,500 $2,638 $0 $0
1-bedroom $1,934 2 $120,550 $3,014 $0 $0
2-bedroom $2,383 3 $135,650 $3,391 $0 $0
Unit Size
Median Rents
Listings2
Household
Size
Moderate Income
(80% AMI)
Affordable Cost
Without Utilities3
Monthly per
Unit Subsidy
Annual per
Unit Subsidy
Efficiency $2,169 1 $105,500 $2,638 $0 $0
1-bedroom $2,400 2 $120,550 $3,014 $0 $0
2-bedroom $3,187 3 $135,650 $3,391 $0 $0
1 Fair market rent is determined by HUD for different jurisdictions/areas across the United States on an annual basis. 2021 FMRs for the Oakland-Fremont, CA HUD Metro area listed. 2 Survey of listings for available rental properties in Emeryville; Zillow, June 21, 2021. 3 Affordable cost = 30% of household monthly income

3.3.7.4 Purchase of Affordability Covenants
Another option to preserve the affordability of at-risk projects is to provide an incentive package to the owners to maintain the projects as affordable housing. Incentives could include bringing down the interest rate on the remaining loan balance, providing loans for capital improvements, and/or supplementing subsidies. The feasibility of this option depends on whether the complex is too highly leveraged. By providing lump sum financial incentives or ongoing subsidies in the form of rents or reduced mortgage interest rates to the owner, the City can ensure that some or all of the units remain affordable. There are too many variables to estimate specific costs for this scenario.

3.3.7.5 Cost Comparisons
The above analysis estimates the cost of preserving the at-risk units under various options. The highestpriced option would be constructing 14 replacement units, for approximately $6,125,000 (average of $437,500 per unit). However, this option is constrained by a variety of factors, including growing scarcity of land, rising land costs, and potential community opposition. The second highest-priced option would be acquiring 14 replacement units for approximately $5,328,610 (average of $380,615 per unit).

In comparison, the annual costs of providing rental subsidies required to preserve the 6 of the 14 assisted units are relatively low at approximately $91,410 (average of $15,235 per unit, per year).

However, long-term affordability of the units may not be able to be ensured in this manner. The cost estimates for the various methods for preserving the at-risk units offer a useful reference for comparison, however they don’t account for all factors, including the life span or maintenance costs of the existing buildings or buildings where replacement units could be purchased. The cost of providing rental subsidies is $15,235 per unit year one, however as conditions change each year (fair market rents and income limits), the amount of subsidy required will fluctuate.

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3.3.7.6 Organizations Interested in Preserving Assisted Rental Housing Potential nonprofit developers and housing assistance organizations that may be interested in purchasing at-risk units or assisting in tenant relocation are listed in Table 3-18. The City is committed to working proactively to retain existing subsidized units (Program AA) and is already working with property owners to determine intent and examine potential scenarios for preservation or tenant placement for both identified properties.

Table 3-18. Organizations Interested in Preserving At-Risk Housing, 2021 Organization Address Phone Number
Bay Area Community Services 629 Oakland Ave, Oakland, CA 94611 (510) 499-0365 Alameda Affordable Housing Corporation 701 Atlantic Ave, Alameda, CA 94501 (510) 747-4343 Satellite Affordable Housing Associates 1835 Alcatraz Ave, Berkeley, CA 94703 (510) 647-0700 Northern California Land Trust, Inc. 3122 Shattuck Avenue, Berkeley, CA 94705 (510) 548-7878 Resources for Community Development 2220 Oxford St., Berkeley, CA 94702 (510) 841-4410 Affordable Housing Associates 1250 Addison St., Ste. G, Berkeley, CA 94702 (510) 649-8500, ext. 14 Alameda County Allied Housing Program 224 W. Winton Avenue, Room 108, Hayward, CA 94541 (510) 670-5404 Christian Church Homes of Northern
California, Inc. 303 Hegenberger Road, Ste. 201, Oakland, CA 94621 (510) 632-6712 BRIDGE Housing Corporation 345 Spear Street, Suite 700, San Francisco, CA 94105 (415) 989-1111 Eden Housing, Inc. 22645 Grand Street, Hayward, CA 94541 (510) 582-1460 Source: California Department of Housing and Community Development, 2020

3.3.7.7 Potential Sources of Funding to Preserve Affordable Housing The funding sources that can potentially be used to preserve affordable housing are listed herein. Also see section 6.6. Financial and Administrative Resources.

3.3.7.7.1 Home Investment Partnerships Funds
The Federal HOME program was created as a result of the Cranston-Gonzalez National Affordable Housing Act of 1990. Local jurisdictions may use HOME funds to develop and support affordable rental housing and homeownership affordability through acquisition and to provide assistance to homebuyers.

This includes new construction; reconstruction or rehabilitation of non-luxury housing with suitable amenities, including real property acquisition, site improvements, conversion, demolition, and other expenses, such as financing costs; and relocation expenses of any displaced people, families, businesses, or organizations. HOME funds may also be used to provide tenant-based rental assistance. Housing developed with HOME funds must serve low- and very-low-income households.

3.3.7.7.2 Community Development Block Grant Program
Through the Federal CDBG program, HUD provides funding for a range of community development activities. The primary objectives of the CDBG program are decent housing, suitable living environments, and expanded economic opportunities for people with low and moderate incomes (“low income” is City of Emeryville 2023-2031 Housing Element Public Review Draft Housing Needs Assessment 21
defined as household income at 80 percent or less of AMI and includes the local and State definition of “very low income”). CDBG funds are awarded for housing activities, including acquisition and rehabilitation, homebuyer assistance, economic development, homelessness services, and public services. CDBG funds are subject to certain restrictions and generally cannot be used for new housing construction.

3.3.7.7.3 Section 108 Loan Guarantee Program
The Section 108 Loan Guarantee Program is the loan guarantee provision of the CDBG program. This provision provides communities with a source of financing for various housing and economic development activities. Rules and requirements of the CDBG program apply, and therefore, projects and activities must principally benefit people with low and moderate incomes, aid in the elimination or prevention of blight, and/or meet urgent needs of the community. Activities eligible for these funds include economic development activities eligible under CDBG; acquisition of real property; rehabilitation of publicly owned property; housing rehabilitation eligible under CDBG; construction, reconstruction, or installation of public facilities; related relocation, clearance, or installation of public facilities; payment of interest on the guaranteed loan and issuance costs of public offerings; debt service reserves; and public works and site improvements.

3.3.7.7.4 Housing Choice Voucher (Section 8) Program
The Federal Housing Choice Voucher (Section 8) Program provides rental assistance to lower income households earning up to 80 percent of the County AMI. Under Section 8, HUD pays the difference between what tenants can pay (defined as 30 percent of household income) and what HUD estimates as the fair-market rent on the unit.

3.3.7.7.5 Low Income Housing Tax Credits
The CTCAC administers the Low-Income Housing Tax Credit (LIHTC) program to encourage private investment in affordable rental housing for households meeting certain income requirements. Credits are available for new construction projects or existing properties undergoing rehabilitation. Two types of Federal tax credits are available and are generally referred to as 9 percent and 4 percent credits, respectively. The competition for each type is fierce. Because 9 percent credits are so desirable and in limited supply, the CTCAC awards them through a competitive process twice per year. Projects compete on point scoring, but because most projects receive the maximum point score, the CTCAC’s tiebreaker formula generally decides the outcome. Tax credits of 4 percent derive from a project’s use of taxexempt bond authority allocated by the California Debt Limit Allocation Committee (CDLAC). The California Legislature authorized a State LIHTC program to augment the Federal LIHTC program. Because State LIHTCs are also in limited supply, the CTCAC awards them competitively. In total, 85 percent of the State LIHTCs are integrated into 9 percent tax credit projects, while the remainder are reserved for 4 percent tax credit projects. As of 2020, the trend has been that an award of 9 percent tax credits is not feasible for projects that do not include some component of permanent supportive housing. Thus, projects focused on low-income units or a mix of very-low- and low-income units, are now applying for 4 percent tax credits, which represent significantly less funding. Overall, the demand for this significant City of Emeryville 2023-2031 Housing Element Public Review Draft Housing Needs Assessment 22
funding source critical to the development of lower-income housing greatly outweighs the supply of funding.

3.4 Economic and Income Indicators

3.4.1 EMPLOYMENT
Housing needs are influenced by employment trends. Significant shifts in employment opportunities in or around the city can lead to growth or decline in the demand for housing. According to ABAG, there were 24,378 jobs in Emeryville as of 2018. ABAG projects growth in jobs in Emeryville through 2040 and estimates a 40-percent increase by 2040 to 34,030 jobs. Top employers in Emeryville include Pixar; Zymergen; AC Transit; Oaks Card Club; Grifols Diagnostics Solutions; IKEA; Peet’s Coffee & Tea Inc.; Clif Bar & Company, and Stanford Health Care.

As shown in Table 3-19, as of 2019, 7,885 Emeryville residents aged 16 and older were employed. Of those 7,885, the largest percentage, 27 percent (2,145 people), was employed in the professional, scientific, management, administrative, and waste management industries. The number of residents employed in this industry grew 76 percent from 2011 to 2019. Another 22 percent (1,744 people) were employed in the education, health, and social services industry in 2019. The industries with the most significant increases in number of employees residing in Emeryville between 2011 and 2019 were information, professional, scientific, management, administrative, and waste management and construction and transportation, warehousing, and utilities. Nearly all industries saw an increase in numbers of employees residing in Emeryville between 2011 and 2019 except wholesale trade, manufacturing, and retail trade, which experienced a decrease.

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Table 3-19. Employed Residents by Industry, 2011 and 2019 Industry
2011 2019
Percentage
Change
Number
of
Residents
Percentage
Number
of
Residents
Percentage
Agriculture, forestry, hunting, fishing and mining 0 — 10 0% — Construction 138 2% 220 3% 59%
Manufacturing 465 7% 419 5% -10%
Wholesale trade 169 3% 81 1% -52%
Retail trade 708 11% 646 8% -9%
Transportation, warehousing, and utilities 183 3% 277 4% 51% Information 233 4% 614 8% 164%
Finance, insurance, real estate, and rental and leasing 522 8% 591 7% 13% Professional, scientific, management, administrative,
and waste management 1,221 19% 2,145 27% 76%
Education, health, and social services 1,671 27% 1,744 22% 4% Arts, recreation, accommodation, and food services 600 10% 682 9% 14% Other services (except public administration) 192 3% 254 3% 32% Public administration 170 3% 202 3% 19%
Total employed civilian population (16 years and over) 6,272 100% 7,885 100% 26% Source: Source: 2007–2011 ACS; 2015-2019 ACS

3.4.2 UNEMPLOYMENT
As of January 2021, the city’s unemployment rate was estimated at 6.2 percent according to the California Employment Development Department. The unemployment rate in Emeryville was lower than in Alameda County as a whole, which had a rate of 7.2 percent, and the Bay Area as a whole had an unemployment rate of 6.6 percent. These trends may be influenced by the response to COVID-19. For example, the California unemployment rate was 3.9 percent in December 2019, prior to the COVID-19 pandemic, 9.3 percent in December 2020, while the pandemic remained ongoing and 3.8 percent in February 2022 when the pandemic was waning and most restrictions were lifted (such as requirements to wear masks indoors for people who were vaccinated. Low unemployment translates to greater consumer confidence, spending power, and demand for new or improved housing. This spending power and demand has manifested in low vacancy rates and increasing rental and home sale prices, as further discussed in Section 3.4, Housing Costs and Affordability.

3.4.3 JOBS/HOUSING BALANCE
The analysis of jobs/housing balance is used to assess the degree to which communities and subregions are inducing commuter travel. A community with a balance of jobs and housing has as many jobs as homes to accommodate local workers. A highly skewed jobs/housing ratio means that either residents must leave the community to reach employment, or many people must live outside of the city and commute to reach their employer.

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As of 2018, Emeryville had a jobs/housing ratio of 3.77 (2002-2018; California Department of Finance, E5 (Households)). In comparison, Alameda County as a whole had a jobs/housing ratio of 1.43 in the same period, and the Bay Area had a jobs/housing ratio of 1.47. Thus, the data indicates that Emeryville has an abundance of jobs, relative to housing. This is not surprising, given Emeryville’s history of commercial and industrial activity. While the Jobs/Housing ratio for Emeryville may be high in comparison to Alameda County and the Region, it should be noted that the average commute time for Emeryville residents (31 minutes) similar to those that reside in Alameda County (32 minutes) and the Bay Area Region (31 minutes) (Vital Signs, MTC, 2022). As stated in Program W, the City will continue to promote housing within its Priority Development Area, which covers the majority of the city, that is well served by transit and has the majority of the city’s employment opportunities. Additionally, the City will continue to improve equitable access to transportation options that do not require personal vehicle ownership for Emeryville residents (Program II), and develop strategies to connect low and moderate income residents to job opportunities with good pay from local employers (Program GG).

3.4.4 EDUCATION AND INCOME CHARACTERISTICS

3.4.4.1 Education
Emeryville’s educational attainment profile shows a fairly highly educated population, as of 2019. As shown in Table 3-20, more than two-thirds of the population age 25 years and older held at least a bachelor’s degree (71 percent), compared with 47 percent in Alameda County overall.

Table 3-20. Educational Attainment for Residents Aged 25 Years and Older, 2015-2019 Education Level
Emeryville Alameda County
Number of
Residents
% of Population
Age 25+
Number of
Residents
% of Population
Age 25+
Less than 9th grade 155 2% 69,534 6%
Some high school, no diploma 163 2% 65,990 6%
High school graduate 896 9% 205,980 18%
Some college, no degree 1,106 11% 201,377 17%
Associate degree 555 6% 73,676 6%
Bachelor’s degree 4,283 43% 320,319 27%
Graduate or professional degree 2,914 29% 235,786 20%
Total population 25 years and over 10,072 100% 1,172,662 100% Source: American Community Survey 5-Year Data (2015-2019) Emeryville is home to SAE Ex’pression College and the San Francisco Law School and is located in close proximity to the University of California, Berkeley, and other learning institutions. College students often seek medium-term rental housing, and some may leave the community or area after completing their program to return to their homes or find employment.

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3.4.5 HOUSEHOLD INCOME
As shown in Table 3-21, as of 2019, the median household income in Emeryville was $102,725, which is 47 percent more than it was in 2011 ($69,724). In 2011, the Emeryville median income was slightly below that of Alameda County as a whole, which had a median household income of $70,821 in 2019.

However, between 2011 and 2019, the median household income in Alameda County grew at a slower rate (40 percent) resulting in a median household income of $99,406 as of 2019.

Table 3-21 compares Emeryville and Alameda County household income levels in 2011 and 2019. At both the city and county levels, striking growth can be observed in the highest-earning categories.

During this period, the number of Emeryville households earning $100,000 per year or more increased 93 percent, increasing households at this income level to 51 percent of the population, up from 32 percent in 2011.

Table 3-21. Household Incomes, 2011 and 2019
2011 2019 Percentage
Number Change Percentage Number Percentage
Emeryville
Less than $24,999 1,267 23% 1,093 17% -14%
$25,000 to $49,999 797 14% 727 11% -9%
$50,000 to $74,999 961 17% 616 9% -36%
$75,000 to $99,999 740 13% 756 12% 2%
$100,000 or more 1,747 32% 3,376 51% 93%
Total households 5,512 100% 6,568 100% 19%
Median household income $69,724 $102,725 47%
Alameda County
Less than $24,999 97,829 18% 75,395 13% -23%
$25,000 to $49,999 96,437 18% 75,942 13% -21%
$50,000 to $74,999 87,039 16% 71,982 12% -17%
$75,000 to $99,999 66,324 12% 66,584 12% 0%
$100,000 or more 188,531 35% 287,274 50% 52%
Total households 536,160 100% 577,177 100% 8%
Median household income $70,821 $99,406 40%
Source: American Community Survey 5-Year Data (2007-2011 and 2015-2019) HUD has defined income categories for purposes of analysis and program qualification. Categories are based on the percentage of AMI and are defined as follows:
• Extremely low income: less than 30 percent of AMI
• Very low income: 30 to 50 percent of AMI
• Low income: 51 to 80 percent of AMI
• Moderate income: 81 to 120 percent of AMI
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• Above moderate income: more than 120 percent of AMI
Table 3-22 provides detail on household income by category and tenure in Emeryville in 2017. Analysis of tenure shows that over half of renter and owner households are above-moderate income. Just over one quarter of renter households (27 percent) and 20 percent of homeowner households are very low income. It is not unusual for homeowners to have higher incomes than renters, as saving for a down payment can be more affordable to higher-income households. There is not a substantial level of income disparity between tenure groups.

Table 3-22. Households by Income Category and Tenure, 2017 Income Category
Renter Household Homeowner Household Total
Number of
Households
Percentage
Number of
Households
Percentage
Number of
Households
Percentage
Very low (≤50% of AMI) 1,125 27% 469 20% 1,594 24%
Low (51–80% of AMI) 490 12% 235 10% 725 11%
Moderate (81–120% of AMI) 255 6% 170 7% 425 6%
Above moderate (>120% of AMI) 2,315 55% 1,489 63% 3,804 58% Total households 4,185 100% 2,363 100% 6,548 100%
Source: HUD CHAS Data, 2013-2017.

3.4.5.1 Extremely Low-Income Households
Lower-income households generally have a higher incidence of housing problems and tend to overpay for housing (paying 30 percent or more of their monthly income toward housing costs). Households that earn 30 percent or less than Alameda County’s median income (up to $41,100 for a four-person household and $32,900 for a two person household in 2021, based on HCD Income Limits) are considered “extremely low-income.” Extremely low-income households can face great difficulty in securing housing, particularly housing that is affordable and large enough to accommodate the household size. Extremely low-income households face incidences of overpayment and overcrowding and are at a high risk for homelessness.

According to HUD’s CHAS data system, approximately 15 percent of Emeryville households (989 households) were extremely low income as of 2017 (CHAS 2013-2017). ELI households represent a similar percentage of households in Emeryville when compared to the County as a whole, where ELI households also comprise about 15 percent of the total number of households (15.5 percent).

In Emeryville, ELI households are more likely to be renters than owners and in Emeryville approximately 23 percent of housing units occupied by ELI households are homeowners and 77 percent are renters, based on 2013-2017 CHAS data. ELI households comprise 10 percent of owner-occupied housing units (230 of 2,340 total homeowner households), compared to comprising 18 percent of renter-occupied housing units (760 of 4,200 total renter households). In Emeryville, ELI households experience housing problems (incomplete kitchen facilities, incomplete plumbing facilities, overcrowding, and overpayment) at a high rate of incidence, with 76 percent of housing units occupied by renting ELI households and 67 City of Emeryville 2023-2031 Housing Element Public Review Draft Housing Needs Assessment 27
percent of housing units occupied by homeowner households experience at least one of the housing problems. ELI households are particularly susceptible to cost burden, or paying at least 30 percent of gross monthly income toward housing-related costs, reducing the ability for households to have money available for other necessities and emergency expenditures. Severe cost burden, or paying at least 50 percent of monthly income toward housing costs, further constrains a household’s ability to pay for necessities while maintaining housing. Cost-burdened ELI households are particularly vulnerable to displacement and experiencing homelessness. When looking at rates of cost burden in housing units occupied by ELI households, approximately 72 percent of housing units occupied by ELI households pay at least 30 percent of monthly income toward housing costs. Among ELI households in owner-occupied housing units, 67 percent (155 units) are occupied with households experiencing cost burden. Of these units, 70 percent (110 units) are severely cost-burdened, paying at least 50 percent of monthly income toward housing costs. Again, over 73 percent of ELI households in renter-occupied units overpay for housing costs (560 units), with 79 percent of these units experiencing severe cost burden (445 units).

In the past 10 years, the City undertook the following actions to support extremely low-income households, including seniors, large families, and persons with disabilities:
• The City adopted the Affordable Housing Administration and Expenditure Plan in February 2021, which guides the expenditure of $50,000,000 in Measure C Affordable Housing Bond funds, as well as approximately $14,000,000 in additional affordable housing resources available to the City, for a total investment of over $64,000,000. The object and purpose of issuing the bonds is to finance the costs of providing and/or enhancing the acquisition or improvement of real property in order to provide affordable housing for extremely low, very low, low and middleincome individuals and families, including vulnerable populations such as veterans, seniors, local artists, the disabled, current or former foster youth, victims of abuse, people experiencing homelessness and individuals suffering from mental health or substance abuse illnesses. • In 2020, the City approved an all-affordable project in 2020 at 3600 San Pablo Ave and negotiated an affordable development agreement for a housing project at 4300 San Pablo.

Additionally, the City entered into an agreement related to the development of an intergenerational development for seniors and transitional-aged youth. • The City continued to participate in homelessness prevention regional coordinating programs.

Within Emeryville, the City worked with community organizations to open a temporary emergency shelter in response to COVID-19.
• The City made updates to the Planning Regulations to increase the mix of unit sizes, including adopting the Family Friendly Guidelines to encourage the development of larger units appropriately sized for large families with children.
• Throughout the planning period, the City worked with ECHO Housing (Eden Council for Hope and Opportunity) to provide tenant/landlord and fair housing counseling and to administer the City’s Just Cause Eviction Ordinance. In addition, the City referred cases to EBCLC (East Bay Community Law Center) and HERA (Housing and Economic Rights Advocates) as necessary.

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• The City worked to expand access to resources and housing information through publishing the City Renter's rights information in each City Activity Guide; making information on services available at City Hall, City website and E-news; and launching a new housing notification email system.
• City’s Access Improvement Program funded accessibility improvements for residents with disabilities and/or developmental disabilities.
• The City partnered with local transit agencies to ensure that Emeryville residents are adequately served by public transit.

The extremely low-income housing need is projected to be 225 units, which is derived from presuming 50 percent of the very low-income housing need (451 units) from the Regional Housing Need Assessment. The City has included the following programs to further provide assistance to ELI households:
• Program A. Increase the creation of affordable rental housing units for extremely low and very low-income people living with physical and/or developmental disabilities by amending Section 9-5.407 of the Planning Regulations.
• Program G. Support affordable housing development to develop extremely low-, very low-, and/or low-income housing in City-assisted development projects whenever feasible. This includes the projects planned 3600 San Pablo Ave (will include units affordable extremely lowto low-income households and permanent supportive housing) and 4300 San Pablo Ave (will include units for extremely low- and very low-income seniors and transitional aged youth). Work with affordable housing developers to identify and leverage local, state, and federal funding programs to maximize the number of affordable units available to low-, very low, and extremely low-income households, whenever possible.
• Program O. Encourage the inclusion of extremely low- and very low-income affordable units for people living with physical and/or developmental disabilities and the inclusion of Shelter-PlusCare units (rent-assisted units for dually diagnosed people with mental illness, substance abuse, and/or AIDS-related illnesses) in residential projects in Moderate Resource Areas. Work with the unit sponsor to ensure a plan is in place to provide ongoing support services to tenants of these units.
• Program R. Promote housing designs to attract families with children by encouraging developers to include larger unit sizes (two-, three-, and four-bedroom units) as well as other on-site amenities such as usable outdoor open space, play equipment for a variety of ages, community rooms, and multipurpose rooms that can be utilized for after-school homework clubs, computer, art, or other resident activities.
• Program X. Continue to support housing repair and/or rehabilitation programs that assist lowerincome households occupying housing in need of repair through funding partnerships with local non-profits, Alameda County programs that serve Emeryville residents and other applicable programs as available.
• Program BB. Encourage developers to set-aside affordable units for the unsheltered population and those with extremely low income.

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• Program CC. Partner with the Housing Authority of Alameda County to provide referral services for the Housing Choice Voucher Program and increase Section 8 Voucher acceptance rates in Emeryville.
• Program GG. Develop strategies to expand the income earning potential of very low-income residents by expanding low barrier, low skill job opportunities within the City. • Program LL. To and remove barriers to housing for special-needs groups, including extremely low-income households, the City will amend its Planning Regulations to allow to permit group residential uses with seven or more residents through a ministerial process rather than requiring a CUP to address the needs of extremely low-income households and expanding affordable housing opportunities. Additionally, the City will explore adopting a group residential preservation ordinance to maintain existing housing available to extremely low-income households.
• Program OO. To support senior residents, the City will seek funding to support a Housing Counselor to assist Seniors in navigating and applying for affordable housing opportunities and evaluate the feasibility of creating a Shared Housing Program.

3.5 Housing Costs and Affordability

3.5.1 RENTAL MARKET COSTS
According to a rent study of 23 cities in the Bay Area performed by Zumper, median rents for onebedroom units in Emeryville in June 2021 were higher than all but six cities in the study and were above the state average. Emeryville rents are higher than adjacent cities in the East Bay, which may be attributable to the city’s attractive location in close proximity to transit and major job centers, as well as the style and amenities in Emeryville developments and their relatively recent construction. According to the Zumper study, one-bedroom rents were similar in Emeryville, Berkeley and Oakland at $2,200, $2,190 and $2,000, respectively. The state median rent for one-bedroom homes at the time was approximately $1,800. Compared to rents the year before, Emeryville’s median one-bedroom rent had decreased by 12 percent. By comparison, rents in Berkeley decreased by 8 percent in Berkeley during the same time and 7 percent in Oakland. According to the Zumper study, the median rent for twobedroom apartments in Emeryville in June 2021 was $3,200, a decrease of 5.3 percent over the prior year. In Berkeley, the median rent for units of this size was $3,000 and in Oakland it was $2,530.

A June 2021 survey using Zillow.com found rental listings in Emeryville to be comparable to the rents cited by Zumper. As shown in Table 3-23, average rents in Emeryville ranged from $1,700 for a studio to $4,900 for a three-bedroom home as of June 2021.

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Table 3-23. Median Monthly Rental Price and Rental Range by Unit Size, 2021 Number of Bedrooms Rent Range Median Rent
Studio 1,700-2,600 2,169
1 bedroom 1,750-3,300 2,400
2 bedrooms 2,050-3,500 3,187
3 bedrooms 3,200-4,900 3,578
Source: Zillow, June 21, 2021.

According to the 2015-2019 ACS, the city has a rental vacancy rate of 3.4 percent and a homeowner rental vacancy rate of 1.4 percent. A vacancy rate of about 6 percent is generally considered to indicate a healthy market, one in which there is adequate housing available to allow for mobility but not so much as to depress the market. A low vacancy rate indicates high demand and results in upward price pressures.

Assuming that the household spent 30 percent of its monthly income on housing costs (the standard for affordability set by HUD), based on State Income Limits for 2021:
• $2,193 is the maximum affordable rent for a two-person, low-income household, which is adequate to afford a studio but not a one- or two-bedroom unit, • $2,740 is the maximum affordable rent for a four-person, low-income household, which is adequate to afford a one-bedroom but not a two- or three-bedroom unit, • $3,014 is the maximum affordable rent for a two-person, moderate-income household, which would be adequate for a one or two-bedroom unit,
• $3,768 is the maximum affordable rent for a four-person, moderate-income household, which would be adequate for a two- or three-bedroom unit
Without subsidies or rent restrictions to units, most rental housing in Emeryville is unaffordable to extremely low-, very low-, and low-income households.

During outreach activities for the preparation of this Housing Element, including public meetings and through the online housing survey, members of the public expressed strong concerns regarding rental home affordability for households at all income levels.

To address rental affordability issues, the City will work proactively to protect existing affordable rental units at risk for converting to market rate units (Program AA), offer a density bonus for developments that include affordable units in compliance with State law (Program A), assist in the development of new affordable units (Program G), provide financial incentives for the restriction of additional below market rate units for the special needs population (Program K), and continue to partner with the Housing Authority of Alameda County on providing Section 8 Rental Assistance (Program CC).

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3.5.2 HOME SALES PRICES
In 2020, the median home sales price in Emeryville was $530,000 according to a real estate market report prepared by Caldecott Properties. Compared to 2019, the median sales price decreased by 11.37 percent in 2020; however, the COVID-19 pandemic is likely to have influenced home sales. The majority of homes sold in Emeryville in 2020 were one-bedroom units.

The median sales price in Emeryville has been consistently lower than that in Berkeley, Albany, Oakland, and Alameda County as a whole. According to Redfin, the median sale price in Berkeley in December 2020 was $1,560,000 and in Oakland the median sale price was $780,000 during the same period. This is likely because unit sizes in Emeryville are smaller and most home sales in Emeryville are condominiums, in which the costs of some amenities are reflected in monthly homeowner association dues, rather than in the sale prices of individual units.

Assuming a house payment of no more than 30 percent and a 30-year fixed-rate mortgage (note that this includes costs such as a private mortgage insurance payment, property taxes, home insurance, and homeowner association dues), a low-income household of two could afford a purchase price of $191,821 and a moderate-income household of two could afford a purchase price of $420,026. With the median home sale price of $530,000, it is unlikely that a low-income household of two would be able to access homeownership. A moderate-income household of two might be able to access homeownership, especially if they are prepared to complete repairs and upgrades. A moderate-income household of four could afford a home priced at $510,419. Thus, homeownership may be an affordable option for some moderate-income households of four. However, the median sale price of $530,000 was derived from all home sales in Emeryville. 50 percent of Emeryville’s housing stock are one-bedroom units and another 17 percent are studios, so the median sale price of $530,000 likely represents a smaller home than a household of four would be looking for. However, a four-person low-income household could only afford a home priced at $224,120. This household would be extremely unlikely to find a home of suitable size and condition priced at an affordable level in Emeryville.

Emeryville residents who participated in the community workshop emphasized the desire to see increased homeownership in the city. Homeownership can stabilize monthly costs and may encourage longer residency in the city and greater civic engagement. The City will implement a variety of programs to increase homeownership opportunities. The City will evaluate the feasibility of increasing the number of new affordable ownership residential units required under the Affordable Housing Program by reducing the requirement for the overall number of residential units within a project required to comply (Program A), acquire Below Market Rates Ownership Units at risk of foreclosure for resale to a new affordable homeowner (Program I), offer down payment assistance to low- and moderate-income households (Program M), and encourage the development and conversion of Live/Work units as affordable homeownership options (Programs P and M).

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3.5.3 OVERPAYMENT
A household is considered to be overpaying for housing and is cost burdened if it spends 30 to 50 percent of its gross income on housing (including a rent or mortgage payment and utility costs). A household is considered to be severely cost burdened if it spends more than 50 percent of its gross income on housing costs. Overpayment for housing can result in insufficient income available for other basic needs and services, including food, childcare, and medical attention.

As shown in Table 3-24, over one-third of Emeryville households were overpaying for housing as of 2017. Approximately 37 percent of households were cost burdened, and 17 percent were severely cost burdened. Overpayment was problematic for both renter and owner households. However, 42 percent of renter households experienced a cost burden as compared to 29 percent of owner households.

Approximately 52 percent of very low-income households were severely cost burdened. Among lowincome households, 74 percent were cost burdened and another 39 percent were severely cost burdened. As previously discussed, market-rate housing prices in Emeryville are unaffordable to lowerincome households. The City will work to create greater affordable housing opportunities for these households, as stated in Programs A, D, G, H, K, M, O, BB, CC, and OO.

Table 3-24. Housing Cost Burden, 2017
Renter Households Owner Households Total Households
Very Low Income ≤50% AMI 1,130 460 1,590
Percentage with cost burden 77% 62% 73%
Percentage with severe cost burden 57% 40% 52%
Low Income 51–80% AMI 495 230 725
Percentage with cost burden 34% 74% 74%
Percentage with severe cost burden 28% 61% 39%
Moderate Income and above >81% AMI 2,580 1,645 4,225
Percentage with cost burden 20% 13% 17%
Percentage with severe cost burden 1% 0% 1%
Total households with cost burden 1,765 675 2,440
Percentage with cost burden 42% 29% 37%
Total households with severe cost burden 815 325 1,140
Percentage with severe cost burden 19% 14% 17%
Total households 4,205 2,335 6,540
Source: HUD CHAS 2013-2017
Note: Due to differences in margins of error, table totals using CHAS data may not be consistent between tables in the Housing Element. AMI is Area Median Income.

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3.6 Special Housing Needs
This section describes groups in the City of Emeryville with a range of housing and supportive service needs, including groups defined in state housing element law as having special needs. These groups consist of agricultural workers, large families, female-headed households, the elderly, persons with disabilities, and people experiencing homelessness. (See the end of section 3.3 for an analysis of extremely low-income households.)

3.6.1 LARGE HOUSEHOLDS
Large households are identified as a special-needs population because they may have difficulty locating adequately sized affordable housing. Large households are defined by the US Census as households containing five or more persons (related or unrelated). As previously discussed, Emeryville has a small household size (average 1.81 persons) and few large households. As shown in Table 3-25, only 2 percent of Emeryville households have five or more people. As shown in Table 3-10, studio and one-bedroom units account for a large portion of the city’s housing stock (approximately 64 percent or 4,169 units.) As of 2019, only 8 percent of Emeryville homes had three or more bedrooms and there were no homes with five or more bedrooms. As shown in Table 3-25, the majority of large households are renters, but this is primarily due to the higher percentage of renters in the city overall.

Members of the public and elected officials expressed concern at the lack of housing units large enough to accommodate larger families. They expressed concern that the lack of availability of these units may contribute to displacement of current residents as their families grow and may deter families from moving to Emeryville.

The City will work to create greater opportunities for larger households by encouraging developers to provide larger unit sizes (Program R).

Table 3-25. Household Size by Tenure, 2019
Household Size
Owner-Occupied Renter-Occupied Total
Number of
Households
Percentage
Number of
Households
Percentage
Number of
Households
Percentage
1 to 4 persons 2,226 99% 4,228 98% 6,454 98%
5 or more persons 20 1% 94 2% 114 2%
Total households 2,246 4,322 6,568
Source: American Community Survey 5-Year Data (2015-2019)

3.6.2 FEMALE-HEADED HOUSEHOLDS
Female-headed households are considered a special-needs group because of the comparatively low rates of homeownership, lower income levels, and disproportionately high poverty rate experienced by this group. In addition, female-headed households with children can face housing discrimination. As shown in Table 3-26, as of 2019, 7 percent of Emeryville households (474 families) were female-headed, and 46 percent of female-headed families included children under the age of 18 (216 families). The 2015-2019 ACS estimated that 73 percent of single-person householders in Emeryville were female.

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Table 3-26. Household Types by Family Subtype, 2019
Household Type Population Percentage of Total Households Family Households 2,335 36%
With Own Children 663 10%
Married Couple Families 1,686 26%
With Own Children 415 6%
Female Householders 474 7%
With Own Children 216 3%
Male Householders 175 3%
With Own Children 32 0%
Non-family Households 4,233 64%
Total Households 6,568 100%
Source: American Community Survey 5-Year Data (2015-2019) The Federal Poverty Level (FPL), also known as the "poverty line," is the amount of annualized income earned by a household, below which they would be eligible to receive certain welfare benefits, as computed annually by the US Census Bureau. In 2019, the poverty line was $12,490 for a household of one plus $4,420 for each additional household member. The poverty line for a four-person household was $25,750. Amounts are somewhat higher for 2021; however, 2019 data is shown since Table 3-27 contains data from 2019. As shown in Table 3-27, while approximately 9 percent of all family households and female-headed households without children were living below the poverty line, approximately 40 percent of all female-headed households with children were living below the poverty line.

This group may benefit from City efforts to provide affordable family housing. As stated in Program R, the City will work to encourage additional housing that includes multigenerational on-site amenities and multipurpose rooms that can be used for after-school homework clubs and other resident activities.

Additionally, the City will work with Emery Unified School District to promote affordable housing opportunities for at-risk families (Program HH).

In addition to economic problems, single-mother families may be vulnerable to displacement due to domestic violence. According to the 2018 EveryOne Home report prepared by a Countywide collaborative of homeless services providers, as of 2018, 175 emergency shelter beds and 47 units of Rapid ReHousing were available exclusively for women escaping domestic violence and 32 beds in transitional housing were available specifically for victims of domestic abuse in Alameda County.

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Table 3-27. Female-Headed Households by Poverty Status, 2019 Group
Above Poverty Level Below Poverty Level
Totals
Number Percent Number Percent
Female-Headed Households 355 74.9% 119 25.1% 474
with Children 146 59.6% 99 40.4% 245
with No Children 209 91.3% 20 8.7% 229
Total Family Households 2,111 90.4% 224 9.6% 2,335
US Census Bureau, American Community Survey 5-Year Data (2015-2019), Table B17012

3.6.3 SENIOR HOUSEHOLDS
Seniors are considered to have special needs because they are more likely to have fixed incomes, making it difficult to afford rent increases or home maintenance costs. As of 2019, approximately 16 percent of householders in Emeryville were 65 years of age or older. The largest cohort among renters and owners were between 65 and 74 years. As shown in Table 3-28, the ownership rate among senior households is greater than that of the city as a whole.

Table 3-28. Senior Households by Tenure and Age, 2019
Household Age
Renters Owners Total
Number of
Households
Percentage
Number of
Households
Percentage
Number of
Households
Percentage
65 to 74 years 278 6% 350 16% 628 10%
75 to 84 years 93 2% 172 8% 265 4%
85+ years 81 2% 91 4% 172 3%
Total Households with Senior
Householder
452 10% 613 27% 1,065 16%
Total Households 4,322 - 2,246 - 6,568 -
Source: American Community Survey 5-Year Data (2015-2019) Many senior households live on limited incomes. As shown in Table 3-29, as of 2019, approximately 38 percent of Emeryville senior households had an annual income of less than $30,000. Low annual incomes can impact seniors’ ability to pay rising housing costs or pay for basic services.

Table 3-29. Senior Households by Income, 2019
Annual Income Number Percentage
Less than $30,000 401 38%
$30,000 to $49,999 225 21%
$50,000 to $74,999 164 15%
$75,000 to $99,999 93 9%
More than $100,000 182 17%
Total 1,065 100%
Source: American Community Survey 5-Year Data (2015-2019) City of Emeryville 2023-2031 Housing Element Public Review Draft Housing Needs Assessment 36
Two apartment buildings in Emeryville are reserved for very low-income seniors: Emery Villa (50 units) and Avalon Senior Apartments (66 units). Watermark provides 30 independent living units, 63 assisted living units, and 44 memory care units, all market-rate, with a capacity to accommodate 175 seniors.

The Alameda County Area Agency on Aging is the local arm of the national aging network that works to advance the social and economic health of elders (age 60 and over) in the county. In 2016, the agency completed a Four-Year Plan on Aging (as of July 2021, this was still the most current plan). The Four-Year Plan on Aging includes data and surveys identifying issues facing seniors residing in the North County (Alameda, Albany, Berkeley, Emeryville, Oakland, and Piedmont). The top-rated concern from survey respondents was having adequate money for living expenses, followed by having adequate money to plan and save. In public outreach performed as part of developing the Four-Year Plan, all focus groups indicated transportation access as a major concern and expressed a desire to have more affordable housing integrated into market-rate, mixed-age housing. Access to information about available resources was also indicated as a challenge by participants in the agency’s outreach efforts.

The need for affordable senior housing was noted in community workshop polls, in the online survey, and at hearings during the preparation of this Housing Element (See Appendix B). In addition to housing that is affordable, seniors need housing that is accessible and within walking distance to services and amenities, such as pharmacies and grocery stores. As stated in Programs G, W, and OO, the City will support the development of affordable senior housing facilities.

3.6.4 PERSONS WITH DISABILITIES
A disability is defined broadly by the US Census as a physical, mental, or emotional condition that lasts over a long period of time and makes it difficult to live independently. Special needs for access and affordability can make it difficult for persons with disabilities to find adequate housing. According to the 2015-2019 ACS, there were no Emeryville residents aged 17 or younger with one or more disabilities.

However, due to small sample sizes, this may not be accurate. Out of Emeryville’s adult civilian noninstitutionalized population (11,892 people), approximately 10 percent (1,068 people) had one or more disabilities. Among the 1,068 adults that reported having one or more type of disability, the instances of each type of disability are shown in Table 3-30. They are ranked in order of frequency.

Table 3-30. Disabilities by Type, 2015-2019
Disability Number of Instances Percentage1
With an ambulatory difficulty 666 62.4%
With an independent-living difficulty 436 40.8%
With a cognitive difficulty 372 34.8%
With a hearing difficulty 310 29.0%
With a self-care difficulty 292 27.3%
With a vision difficulty 195 18.3%
Source: American Community Survey 5-Year Data (2015-2019), ABAG Data Profiles for Housing Elements, 2021
1 Among the 1,068 adults reporting one or more type of disability. Since people may have more than one type of disability type, percentages do not equal 100.

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The cost of housing is a significant barrier. Many with disabilities depend on Supplemental Security Income (SSI) as their sole source of income and would be considered extremely low income. According to the 2015-2019 ACS, the mean SSI for households in Emeryville receiving assistance was $8,498 per year ($708 per month). SSI payments alone leave recipients near the poverty level, established at $12,490 per year in 2019 for a one-person household (US Department of Health and Human Services poverty guidelines).
• The City is committed to ensuring housing is usable and accessible for all people, including those with disabilities and will look to support those with disabilities through Program K, O, X and UU.

Mental Illness. People with behavioral health problems, including mental illness and/or substance abuse, face substantial challenges obtaining and maintaining stable housing. In 2019, 9.7 percent of Alameda County residents “likely has had serious psychological distress in the past year.” However, 74.8 percent of Alameda County residencies who needed assistance for mental/emotional and/or alcohol/drug issues, received assistance. Also, Alameda County has a ratio of 160 residents per 1 mental health provider.1

3.6.5 PERSONS WITH DEVELOPMENTAL DISABILITIES
According to Section 4512 of the Welfare and Institutions Code, “development disability” means a disability that originates before an individual attains age 18 years, continues or can be expected to continue indefinitely, and constitutes a substantial disability for that individual, which includes intellectual disability, cerebral palsy, epilepsy, and autism. This term also includes disabling conditions found to be closely related to intellectual disability or to require treatment similar to that required for individuals with intellectual disabilities but does not include other handicapping conditions that are solely physical in nature.

Many developmentally disabled persons can live and work independently in a conventional housing environment. More severely disabled individuals require a group living environment where supervision is provided. The most severely affected individuals may require an institutional environment where medical attention and physical therapy are provided. Because developmental disabilities exist before adulthood, the first issue in supportive housing for the developmentally disabled is the transition from the person’s living situation as a child to an appropriate level of independence as an adult.

The California Department of Developmental Services (DDS) provides community-based services to approximately 329,002 persons with developmental disabilities and their families (as of 2020) through a statewide system of 21 regional centers, 4 developmental centers, and 2 community-based facilities.

The Regional Center of the East Bay (RCEB) serves Alameda and Contra Costa Counties. The center is a private, nonprofit community agency that contracts with local businesses and organizations to offer a range of services to individuals with developmental disabilities and their families. 1 Behavioral Health Services, Alameda County. August 3, 2021 (adopted). Mental Health Services Act Annual Plan Update, Fiscal Year 2021-2022, pg. 40.

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According to data provided by the RCEB, in collaboration with the Housing Consortium of the East Bay (HCEB), there were 66 persons with development disabilities in the 94608-zip code, which is primarily located in Emeryville, as of 2020. Table 3-31 provides an estimate of developmentally disabled residents by age. Approximately 61 percent of developmentally disabled residents were aged 18 years or older.

Table 3-31. Developmentally Disabled Residents by Age, 2020 Age Range Number of Persons Percentage
18 years and younger 26 39%
18 and older 40 61%
Total 66 100%
Source: California Department of Developmental Services, Consumer Count by California ZIP Code and Age Group (2020), ABAG Data Profiles for Housing Elements, 2021
A variety of housing types are appropriate for people living with a developmental disability: rentsubsidized housing with services that is accessible and close to transit and community resources, tax credit-financed special-needs housing, licensed and unlicensed modified single-family homes (typically three to five bedrooms), inclusionary units within larger developments, Section 8 vouchers, homeownership through financial assistance programs, and housing specially modified for the medically fragile (Senate Bill 962 homes). Affordability is a particular concern, as many persons with developmental disabilities live on extremely low fixed incomes.

The City is committed to facilitating the development of housing appropriate for persons with developmental disabilities. In 2020, the City studied the potential for expanding housing for residents with supportive services needs using a Master Lease program. The City also continues to support Rebuilding Together East Bay and the Alameda County Health Homes Program to provide accessibility grants that can help low-income households make necessary accessibility alterations to their home.

To improve access to housing for those with developmental disabilities, this Housing Element includes Program O to evaluate the feasibility of providing developers an option of setting aside affordable rental unit for people living with developmental disabilities by producing a smaller percentage of affordable units than required. Program K commits the City to providing a financial incentive for restricting additional Below Market Rate units for the disabled in existing or new developments beyond what is required under the Affordable Housing Program. In addition, the City will encourage the development of a variety of housing types that can accommodate persons with disabilities, such as shelter-plus-care units and care facilities for those with severe disabilities (Program O).

3.6.6 PERSONS LIVING WITH HIV/AIDS
According to the report, HIV in Alameda County, 2017-2019 by Alameda County Public Health Department, HIV Epidemiology and Surveillance Unit, as of 2019, an estimated total of 6,350 persons were living with HIV/AIDS in Alameda County, per the Alameda County Public Health Department. The majority were male (83.8 percent), and the racial/ethnic group with the highest proportion of cases was African American (38.4 percent). The City of Emeryville had the highest HIV prevalence within the county, which was most densely concentrated in the southern and eastern neighborhoods of the city.

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This concentration correlates with the location of majority of affordable and assisted housing. According to Figure 2-1, census tracts in the northern portion of Emeryville (land north of Standford Ave) have approximately 410 to 729 cases of people living with HIV per 100,000 people. Census tracts in South Emeryville are much more concentrated at an approximate case of 1,229 to 2,287 per 100,000 people.

Even though Emeryville does not have the highest concentration of people living with HIV, the data must be interpreted with Emeryville’s smaller population (in comparison to the rest of the county). As a result, these findings indicate a higher concentration of persons living with HIV than the rest of Alameda County.

Figure 2-1: People Living with HIV, Oakland & Surrounding Area, Year-End 2019 Source: HIV in Alameda County, 2017-2019 by Alameda County Public Health Department, HIV Epidemiology and Surveillance Unit
People with HIV and AIDS encounter significant housing problems, similar to those of the elderly and disabled persons. This can be because of limited incomes or the structural capacity of the housing supply to accommodate their physical needs. In Emeryville, Baybridge Apartments, Ambassador Housing and Estrella Vista offer housing reserved for households living with HIV/AIDS. Table 3 City of Emeryville 2023-2031 Housing Element Public Review Draft Housing Needs Assessment 40
As of 2021, the Alameda County HIV/AIDS housing and service system continued to be supported by two federal programs: HUD’s Housing Opportunities for Persons with AIDS (HOPWA) program and the Ryan White CARE Act. HOPWA funds are used for the development of emergency, transitional, and permanent housing. According to the US Health Resources and Services Administration (HRSA), Ryan White funds cannot be used for permanent rental or ownership housing, and the use of HOPWA for services should be limited to 35 percent of the total grant amount in a given project.

Alameda County has offered a short-term rent, mortgage, and utility subsidy program for people living with HIV/AIDS since 1996. Additionally, Project Independence provides partial rent subsidies, support service coordination, and accessibility improvements to people living with HIV/AIDS who are at risk of homelessness.

3.6.7 PERSONS EXPERIENCING HOMELESSNESS
Homelessness and housing instability have wide-ranging negative impacts. Persons or families who are homeless or at risk of becoming homeless are often unable to reach their full potential at home, at work, at school, or in the community. Homelessness is a symptom of a wide range of challenges. The high cost of housing in Alameda County increases cases of homelessness and presents a barrier to its prevention.

Alameda County has made a significant investment in affordable housing and services related to homelessness, behavioral health, and HIV/AIDS. In May 2022, the Alameda County Board of Supervisors endorsed the Home Together 2026 Community Plan (the “Home Together Plan”). The Home Together Plan is a 5-year strategic initiative that sets forth the strategies, activities and resources needed to reduce homelessness in Alameda County. The Home Together Plan has four goals:
• Preventing homelessness for residents
• Connecting people to shelter and direct resources
• Increasing housing solutions
Strengthening coordination, communication, and capacity.

3.6.7.1.1 Homeless Count
Every two years, EveryOne Home completes a point-in-time count of the homeless population in Alameda County. The count was most recently completed in February 2022 and preliminary results were released in May 2022, however, the full results will not be published until July2022. As shown in Table 3-32, the February 2022 count found 9,747 homeless persons in the county, an approximately 22- percent increase over 8,022 homeless estimated in the 2019 count. Due to the small size of its staff, the City of Emeryville does not directly collect data on the number of homeless persons in the city. As of the 2022 point-in-time count, there were 0 sheltered residents and 91unsheltered residents experiencing homelessness in Emeryville.

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Table 3-32. Alameda County Homeless Count, 2009-2019
Year Homeless Population Percentage Change
2009 4,341 —
2011 4,178 -4%
2013 4,264 2%
2015 4,040 -5%
2017 5,629 39%
2019 8,022 43%
2022 9,747 22%
Source: Alameda Countywide Homeless Count and Survey Report, 2019; Alameda County Health Care Services Agency, 2022 As shown in Table 3-33, in 2019 the majority of homeless persons were adults over the age of 25 in households without children under the age of 18 (84 percent). The survey found 4 percent of persons counted were children under age 18, the majority of whom were sheltered.

Table 3-33. Homeless Households With and Without Children, 2019

Age Range Count Percentage
In households with children
0 to 18 300 4%
18 to 24 35 0%
25+ 189 2%
In households without children
18 to 24 718 9%
25+ 6,751 84%
Total 7,993 100%
Source: Alameda Countywide Homeless Count and Survey Report, 2019 The 2019 count found that 21 percent of the homeless in Alameda County were sheltered. This percentage is down by 11 percent from the 2013 count, which found 45 percent of the homeless population living in sheltered conditions. As shown in Table 3-34, the breakdown of sheltered housing types over the last six years shows an increasing trend in homeless individuals using emergency shelters and a corresponding decrease in transitional housing use. Additionally, it shows a concerning trend toward residents being unsheltered, which may indicate insufficient available shelter opportunities or shelters that do not meet the needs of local residents experiencing homelessness. (See Programs O, QQ, BB and LL.)
Table 3-34. Sheltered and Unsheltered Homeless Population, 2013 and 2019

2013 2019 Percentage
Count Change Percentage Count Percentage
Total sheltered 1,927 45% 1,710 21% -11%
Emergency 914 21% 1,163 14% 27%
Transitional 1,013 24% 547 7% -46%
Unsheltered 2,337 55% 6,312 79% 170%
Total Homeless Population 4,264 --- 8,022 --- ---
Source: Alameda Countywide Homeless Count and Survey Report, 2019; ABAG Data Profiles for Housing Elements, 2021 City of Emeryville 2023-2031 Housing Element Public Review Draft Housing Needs Assessment 42
As shown in Table 3-35, the 2019 count found an increased number of people experiencing homelessness (2,590 individuals, or 32 percent) with severe mental illness compared to the 2013 count, which identified 1,106 individuals. During the same time period, the 2019 homeless count found a decrease in the percentage of Alameda County’s homeless population having chronic substance abuse problems.

Table 3-35. Homeless with Special Needs, 2021
2013 2019
With severe mental illness 1,106 2,590
As percentage of total homeless population 26% 32%
With chronic substance abuse 1,289 1,897
As percentage of total homeless population 30% 24%
Source: Alameda Countywide Homeless Count and Survey Report, November 2019, ABAG Data Profiles for Housing Elements, 2021
Other significant findings from the 2019 count include survey responses from community members experiencing homelessness that indicate that for one-third of respondents, rental assistance would have prevented their homelessness, and that almost two-thirds have been homeless for one year or more.

Alameda County Behavioral Health Care Services (BHCS) operates a housing assistance program, called EveryOne Home Fund, for adults with serious mental illness or children with a BHCS provider. The program can fund short-term rental assistance to prevent homelessness and longer-term rental assistance for BHCS program clients.

3.6.7.1.2 Local Resources
In addition to the resources described herein, see 6.2 Financial and Administrative Resources for more details. Due to the small size of its staff, the City of Emeryville does not directly collect data on the number of homeless persons in the city. In February 2022, the County Continuum of Care, Everyone Home, led Alameda County’s Point-in-Time (PIT). As of the point-in-time count, there were 0 sheltered residents and 91 unsheltered residents experiencing homelessness. Currently, the City of Emeryville has a contract with Operation Dignity, an Emeryville-based homelessness outreach and housing navigation services provider, through 2023. The City continues to participate in the Alameda County Urban County Technical Advisory Committee and the HOME Technical Advisory Committee. In 2017, the City joined Berkeley and Albany in the North County Homeless Hub. The City adopted a Homeless Strategy in 2018 which sets forth goals and implementation measures intended to address homelessness. At that time, the City approved a total of $305,000 in funding for homeless services, a substantial increase over previous years. The City is actively working with various governmental and non-governmental partners on identifying ways to support those who are homeless and to implement efforts to prevent and end homelessness. The City is also supporting the development of permanent supportive housing through the 3600 San Pablo Avenue project, which will create 25 permanent supportive housing units for very low-income households upon completion.

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In 2019 the City approved a temporary emergency shelter for families at the former City Recreation Center located at 4300 San Pablo Avenue, in the MUR zone. The project was operated by the East Oakland Community Project (EOCP). The site had been previously earmarked for a low-income senior housing project. The developer selection, planning entitlement, and building permit processes for such a project would be expected to take about two years, during which time the site was able to be used for the temporary emergency family shelter. As of May 2022, the City had selected a developer and was in the process of negotiating a Lease Disposition and Development Agreement (LDDA) with them.

As is shown in Table 3-36, within Alameda County, almost two-thirds of all year-round homeless housing resources (65 percent of all beds) in the county are for adults only, including the majority of emergency shelter beds. An additional 34 percent are available to families. Within these beds, 95 emergency shelter beds and 699 beds of permanent supportive housing are available to veterans.

Table 3-36. Homeless Housing Resources in Alameda County, 2020 Family Units Family Beds
Adult-Only
Beds
Total YearRound Beds
Seasonal
Overflow/
Voucher
Emergency Shelter 109 391 974 1,383 160 33
Safe Haven 0 0 32 32 0 0
Transitional Housing 50 163 454 617 0 0
Permanent Supportive Housing 441 1,205 2,325 3,545 0 0
Rapid Re-Housing 102 353 278 633 0 0
Total 702 2,112 4,063 6,210 160 33
Source: Alameda County Continuum of Care Report, HUD, 2020 The City provides funding to the Emeryville Community Action Program (ECAP), which collects food donations and provides hot meals to community members in need. This volunteer-run service continues throughout the year with additional special holiday programs. ECAP provides more than 300 food bags every day on Monday through Saturday. According to a November 2020 memo to the Emeryville City Council, ECAP provided approximately 289,614 distributions of food (including duplicates) annually based on their 2019 annual report. While ECAP does not collect data on how many of these clients are housed versus homeless, it is likely that a fair number of the clients are homeless or extremely low income. The high demand for this program is evidence of a large number of people that are living with very little means and need emergency food assistance.

Another major support service location for the homeless is located one mile south of Emeryville on the San Pablo Avenue corridor—the Society of St. Vincent de Paul of Alameda County (SVdP). According to a November 2020 memorandum to City Council, the City of Emeryville in partnership with the City of Oakland has supported shelter beds annually since FY 2015-2016. The initial fiscal support was $15,000 annually but has risen to $30,000 annually in recent years.

The City also provides an annual allocation of funds to support the EveryOne Home Plan’s Housing Management Information System (HMIS). Since 2005, this program has been used to track the number of homeless individuals receiving housing and service throughout Alameda County.

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3.6.7.2 Agricultural Workers/Farmworkers
According to the 2015-2019 ACS, only 10 Emeryville residents work in the agriculture or natural resources industries. Thus, Emeryville does not need special housing for agricultural workers. The 2017 Department of Agriculture (USDA) Agricultural Census estimates there are approximately 593 hired farmworkers in Alameda County, with 305 estimated to be permanent labor and 288 estimated to be seasonal workers. Increasing the supply of housing affordable to lower income households could potentially benefit farmworkers. Therefore, the City is committed to increasing the supply of affordable housing for low-, very low-, and extremely low-income households (Programs A, G, H, I, and Y).

Additionally, the City will amend the Planning Regulations to comply with Health and Safety Code Section 17021.5 and will establish a definition of employee housing and ensure permitting requirements are compliant (Program LL).

3.6.8 LOCAL OPPORTUNITY GROUPS
Based on community input, the City has identified several groups that are a particular area of focus.

These local opportunity groups are families with children, low-income households or families, and seniors. Additionally, the City values supporting the ability of artists, City and Emery Unified School District (EUSD) employees to live in the city.

3.6.8.1 Families with Children
According to the US Census, approximately 10 percent of Emeryville households (663 households) were families with children under 18. In Alameda County, Oakland, and Berkeley, 30, 24, and 19 percent of households were families with children, respectively.

During outreach activities for the preparation of this Housing Element, community members and Housing Committee members expressed concern that the style, size, and cost of housing in Emeryville is forcing out existing and potential family households. Families move to seek housing with more childfriendly amenities, homes with multiple bedrooms, and more affordable rents or purchase prices.

Thus, the community would like to promote family-friendly housing for all income levels, and particularly seek opportunities to provide housing that is affordable to low- and moderate-income families. According to the 2015-2019 ACS, approximately 24 percent of children under 18 in Emeryville were living below the poverty line. By comparison, around 12 percent of residents between 18 and 64 and around 17 percent of residents 65 or over were living below the poverty line.

The City has taken efforts to promote affordable housing opportunities for Emeryville families. The City’s Affordable Housing Set-Aside (AHSA) Ordinance requires that a preference for existing Emeryville residents and/or employees be applied in the lotteries for new below-market-rate (BMR) housing, which enables Emeryville families to have an opportunity to apply for and obtain affordable for-sale BMR housing.

Program R specifically commits the City to continued actions to encourage the development of familyoriented affordable housing. The City will promote housing that includes larger units, usable outdoor open space, community rooms, and other child-friendly amenities.

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3.6.8.2 Artists
Emeryville is well endowed with artists, and the community places great value in the arts. The Emeryville Artist Co-Op consists of 56 live/work units that are affordable to low- and moderate-income artists. It provides some space for resident artists, but not nearly enough to support the sizeable community. The City continues to recognize the artists currently living in Emeryville and encourages the growth of artist community in the city.

Many projects in Emeryville include live/work units, and additional live/work units are planned and under construction. Programs PP and Q commit the City to engage with the artist and craftperson community to assess their housing needs, continuing to encourage the development of live/work spaces and ensure that those projects that contain affordable live/work units conduct targeted marketing to the artist and craftsperson community.

3.6.8.3 City and School District Employees
It is within the public interest for City and school district employees to live in Emeryville. Workers who live nearby spend less time and energy commuting, and essential service employees such as Police Department personnel are closer in case of emergency.

To encourage City and EUSD employees to live in Emeryville, the City has special assistance available through its First-Time Homebuyer Program for both market-rate units and BMR units for these groups.

In addition, the City waives its first-time homebuyer requirement and program income limits, although applicants purchasing BMR units must have incomes that do not exceed the moderate-income limits.

The City will continue to offer the First Time Homebuyer Program (Program M) to City and EUSD employees.

Opportunities for City and EUSD employees are also available through the AHSA Ordinance, which gives lottery preference for BMR units to persons who work in Emeryville (second only to persons who are already Emeryville residents) (Program QQ). As stated in Program FF, the City will establish a communication channel with EUSD to market all affordable housing opportunities in Emeryville.

3.7 Regional Housing Needs Allocation
State law (California Government Code Section 65580 et seq.) requires the California Department of Housing and Community Development (HCD) to project statewide housing needs and allocate the anticipated need to each region in the state. For the Bay Area, including Emeryville, HCD provides the regional need to ABAG, which then distributes the Regional Housing Needs Allocation (RHNA) to the cities and counties within the ABAG region.

Projected housing needs in the RHNA are described by income categories as established by HCD: very low, low, moderate, and above moderate. Additionally, recent state housing element legislation requires jurisdictions to project housing needs for extremely low-income households, which is assumed to be half of the very low-income allocation.

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Emeryville’s share of the 2023 to 2031 RHNA is 1,815 units. Table 3-37 provides a breakdown of units by income category.

Table 3-37. 2023–2031 RHNA by Income Category
Income Category Number Of Units Percentage Of Total
Extremely low1 225 14%
Very low 226 14%
Low 259 16%
Moderate 308 19%
Above moderate 797 50%
Total 1,815 100%
Source: ABAG 2023-2031 RHNA, 2021
1 Number of units for Extremely Low-Income households was calculated by assuming half of the allocation for Very Low-income households
Local governments can employ a variety of strategies to meet RHNA housing production goals, as provided in California Government Code Section 65583(c)(1), including vacant land zoned for residential uses, development of second units, and the potential for redevelopment of underutilized sites. As described in the sites inventory section in Chapter 6, Housing Resources, Emeryville has sites zoned for residential development at a range of densities to exceed the RHNA for all income categories.

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4. Constraints

4.1 Introduction
Government policies, such as land use and zoning regulations, design review requirements, building code standards, permit processing procedures, development fees and exactions, and environmental regulations, are intended to ensure that housing is safe and appropriate for the community. However, these requirements may act as barriers to housing production and improvement by inhibiting the feasibility of housing projects. Non-governmental constraints, such as physical geography, land availability, land cost, construction costs, and market prices, may also impact the availability and price of housing. This chapter examines these potential constraints under current conditions in Emeryville.

4.2 Potential Governmental Constraints

4.2.1 LAND USE REGULATIONS
Governmental constraints are policies, standards, requirements, or actions imposed by the various levels of government upon land and housing ownership and development. Although federal and state agencies play a role in the imposition of governmental constraints, these agencies are beyond the influence of local government and are therefore not addressed in this document. As appropriate, the City will monitor federal and State legislation that could impact housing and support, or change additions to existing legislation. The City will update the Planning Regulations, as needed, to comply with any new housing related planning or zoning laws enacted by the State during the Cycle 6 Planning Period (Program MM).

4.2.1.1 General Plan
Each city and county in California must prepare a comprehensive, long-term General Plan to guide its future. The Land Use Element of the General Plan establishes the basic land uses and density of development within each jurisdiction. Under state law, the General Plan elements must be internally consistent, and each jurisdiction’s zoning must be consistent with its General Plan. Thus, the Land Use Element must provide suitable locations and densities to implement the policies of the Housing Element.

The Emeryville General Plan was adopted in 2009 and most recently amended in 2019. The General Plan provides a framework for development and is intended to guide the city’s continued transition from an industrial center to a diverse and vibrant community.

Density, building intensity (or floor area ratio [FAR]), and building height are established in the Land Use Element and implemented by the Municipal Code. As discussed in context of the General Plan, density, FAR, and building height are not directly correlated with land use designations and zoning districts and are instead established by the General Plan Floor Area Ratios Map, General Plan Maximum Building Height Map, and General Plan Residential Densities Map. (To refer to these maps, see the City’s Land Use Element.) Each map designates a base maximum ratio (FAR and density) or limit (height) per area and a maximum development bonus ratio/limit that may be conditionally permitted for projects City of Emeryville 2023-2031 Housing Element Public Review Draft Constraints 48
demonstrating a significant public benefit, such as public open space, family-friendly housing, or sustainable design.

Table 4-1 provides an overview of land use categories that allow residential development as well as the corresponding zoning districts. As density is not established by land use classifications, descriptions only include general explanation of residential use types typified in the land use classification.

Without considering density bonuses, existing policies allow residential densities ranging from 20 units per acre in the eastern neighborhoods to 85 units per acre in the Powell/Christie core. These densities can be achieved along with:

1. Building intensities that range from 0.5 to 3.0 FAR without a bonus and up to 6.0 FAR with a bonus in the Powell/Christie core.

2. Building heights that range from 30 to over 75 feet without a bonus, and over 100 feet with bonus in the Powell/Christie core.

Table 4-1: Residential Land Use Classifications
Land Use Classification Implementing Zoning District Description High Density Residential High Density Residential (RH) Mid- or high-rise residential development.

Medium High Density
Residential Medium High Density Residential (RMH) Residential development generally at maximum FARs ranging from 1.0 to 1.6.

Medium Density Residential Medium Density Residential (RM) Residential development at FARs of 1.0 or less.

Single-family units and duplexes are permitted
uses; multifamily housing types require either a
major or minor conditional use permit, subject to
the Municipal Code.

Mixed Use with Residential
Mixed Use with Residential (MUR) and
Mixed Use with Residential South
(MURS)
One or more of a variety of residential and
nonresidential uses. On larger sites of over an
acre, a mix of residential and nonresidential uses
is required; on smaller sites, a single use may be
permitted.

Mixed Use with Nonresidential Mixed Use with Nonresidential (MUN) Not generally a residential classification; however, live/work units are permitted.

Industrial Light Industrial (INL) and Heavy
Industrial (INH)
Not generally a residential classification;
however, “light” live/work is allowable in the east
of Hollis and Horton Street industrial areas, and
“heavy” live/work (e.g., work involving
manufacturing, welding, and assembly) is
allowable in the industrial area west of Hollis.

Source: City of Emeryville General Plan, 2019
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4.2.1.2 Area Plans
The City, adopted six area plans between 1990 and 2012, predating the City’s General Plan amendments and comprehensive update to the Municipal Code. The area plans have been developed for specific neighborhoods to guide streetscape design and/or development projects through tailored development standards and policies. These plans are intended to preserve and enhance neighborhood character and establish a cohesive aesthetic that strengthens neighborhood identity and fosters a sense of community.

The General Plan amendments and comprehensive update to the Municipal Code incorporated some of the suggested changes identified in the area plans, most notably codifying portions of the North Hollis Overlay Zone and the Park Avenue Overlay Zone. These plans have also been used to implement new public amenities such as the sidewalks and street trees on Park Avenue (Park Avenue District Plan) and the creation of the Emeryville Greenway (North Hollis Area Urban Design Program).

As of December 2021, the City, has been formulating objective design and development standards and plans to adopt them in mid-2023. As a part of this effort and to comply with the requirements of the Housing Accountability Act, Senate Bill (SB) 330, and SB 35, the City is reviewing the design regulations and guidelines for multifamily and residential mixed use set forth in the area plans. The City, will identify unique guidelines specific to districts to retain, key design principles that could have citywide applicability, and redundant or obsolete guidelines that should be removed. Guidelines from some of the area plans will be incorporated into the City’s objective standards. The City, initiated this effort in June 2020 with its awarded SB2 grant funding and will complete before the end of 2023 (Program C).

The North Hollis Area Urban Design Program, San Pablo Avenue Urban Design Plan, and Park Avenue District Plan are available on the City’s website. The South Bayfront Design Guidelines are fully implemented and not posted on the City’s website.

4.2.1.2.1 North Hollis Area Urban Design Program (Adopted 2002) The North Hollis Area Urban Design Program is implemented through the North Hollis Overlay Zone. The plan covers the northeast corner of the city and calls for infill residential uses that complement the existing neighborhood. The plan is also intended to stimulate use of the greenway, discourage through traffic, balance automobile access with other transportation modes, provide sufficient public parking, and encourage private development that enhances neighborhood character and promotes pedestrian improvements of the area. Sections of the North Hollis Area Urban Design have been successfully implemented, including design guidelines for sidewalks . However, some design standards, including FAR, have been made obsolete through General Plan amendments and a comprehensive update to Municipal Code.

4.2.1.2.2 San Pablo Avenue Urban Design Plan (Adopted 1990) The San Pablo Avenue Urban Design Plan outlines a phased strategy for the development of San Pablo Avenue into an active, attractive neighborhood retail center. The document targets land use for a few specific catalyst projects, establishes goals for public circulation and streetscape improvements, and provides design guidelines for new development. The plan was written in 1990 and the majority of it has City of Emeryville 2023-2031 Housing Element Public Review Draft Constraints 50
already been implemented. The design guidelines support low-density commercial and are largely outdated from the City’s current mixed-use commercial and high-density residential context.

4.2.1.2.3 South Bayfront Design Guidelines (Adopted 1997) The South Bayfront Design Guidelines cover the area south of Powell Street between the railroad and Interstate 80 (I-80). The plan outlines eight high-level site design principles for the development of the district and presents three conceptual models. These guidelines were established in 1997. Since that time, much of the South Bayfront area has been developed accordingly through the Bay Street redevelopment.

4.2.1.2.4 Park Avenue District Plan (Adopted 2006)
The Park Avenue District Plan establishes incentives and development guidelines intended to create a vibrant, mixed-use neighborhood. It seeks to preserve the area’s small parcels and historic buildings and encourages private development of live/work housing, small-scale businesses, pedestrian and bicycle accessibility, and 24-hour community uses. Public investments, such as an arts center, community open space, and improved sidewalks, will complement this improved district. Sidewalks and streetscape along Park Avenue, west of Hollis Street, has been successfully built out in accordance with this area plan.

However, design guidelines for FAR and height have been made obsolete through General Plan amendments and the comprehensive update to the Municipal Code.

4.2.1.3 Municipal Code (Zoning)
Emeryville’s Municipal Code, which was originally adopted in 1995 and is periodically updated, establishes zoning districts that implement the General Plan land use classifications. Table 4-2 shows residential uses, the zoning districts in which they are permitted, and whether they are permitted by right (without discretionary action) or with a conditional use permit (CUP). This flexible approach allows residential permitting on approximately 57 percent of the land in Emeryville. The Municipal Code is available online on the City’s website.

Table 4-2: Zones Where Residential Uses Are Permitted
Residential Use RM RMH RH MUR MURS MUN INL INH
Single unit P — — — — — — —
Two units P — — — — — — —
Multi-unit CM P P P
4 P4 — — —
Accessory dwelling units (ADUs) /
junior accessory dwelling units (JADUs) P P P P P
Domestic violence shelter C C C C C — — —
Low-barrier navigation center CM2 P
2 P2 P2 P2
Emergency shelter — — — C P C C —
Factory-Built Housing (Manufactured
homes)
5 P
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Residential Use RM RMH RH MUR MURS MUN INL INH
Group residential, including single-room occupancy (SRO), boarding houses, and dormitories Small (six or fewer persons) P P P P P — — —
Large (seven or more persons) C C C C C — — —
Mobile home park5 C — — — — — — —
Residential care facility
Limited (six or fewer persons) P P P P P — — —
General (seven or more persons)1 C C C C C — — —
Supportive housing
Single unit or two units P — — — — — — —
Multi-unit CM P P P P — — —
Transitional housing
Single unit or two units P — — — — — — —
Multi-unit CM P P P P — — —
Live/work unit
Heavy — — — — — — — CM
Light C C C C C C C —
Employee housing3 — — — — — — — —
Source: Emeryville Municipal Code, 2021
1 The City commits to revising the Municipal Code to permit limited and general residential care facilities using the same standards, both without conditional use permits.
2 The City commits to revising the Municipal Code to permit low-barrier navigation centers in any zone where multifamily uses are permitted, in accordance with Assembly Bill 101.
3 The City commits to revising the Municipal Code to permit employee housing that serves six or fewer persons as other singlefamily uses of the same type in the same zone across all zones that allow single-family residential uses in compliance with the California Employee Housing Act (Health and Safety Code Sections 17021.5 and 17021.6) (Program LL).

4. While multifamily is a permitted use, per Section 9-3.303(b)(2)b, a CUP is required for any development on sites of 1-5 acres in the MUR/MURS zones. The CUP is not considered a constraint on housing and the process ensures that mixed-use developments incorporate adequate housing. The residential use itself is not discretionary. 5 Mobile/Manufactured Planning Regulation Amendment: Planning Regulations will be updated to require mobile and manufactured homes the same approval processes as single-family residential uses, in compliance with California Government Code Section 65852.3 within 3 years (Program LL).

Key: permitted (P), conditionally permitted with a major conditional use permit (C), normally requiring a minor conditional use permit (CM) and prohibited (—).

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4.2.1.4 Zoning for a Variety of Housing Types
Emeryville’s Municipal Code is consistent with the General Plan and provides ample opportunities for residential development. With standard housing developments permitted by right and less common use types allowed conditionally, the City’s regulations encourage and facilitate a diverse variety of housing types and are not considered a constraint to housing production.

The City, is committed to providing a variety of housing opportunities to members of the community, including those with special needs. Emeryville’s Municipal Code provides for a variety of housing types, living situations, and residents’ needs. For example, recent updates to the Municipal Code remove barriers to establishing group homes, allow emergency shelters by right, and provide opportunities for transitional and supportive housing.

4.2.1.4.1 Single-Family and Multifamily
Emeryville has no low-density residential zones because there are no neighborhoods exclusively zoned for single-family housing, such as a residential low-density zoning district. Single-unit and two-unit residences are allowed by right in the RM zoning district but are not permitted in any other zoning district that allows residential uses. Single units consist of one dwelling unit on a single lot, whether that be detached from or attached to dwelling units on abutting lots. Two-unit development consists of two dwelling units on a single lot that may be either attached or detached. This use type is distinguished from an accessory dwelling unit (ADU), which is an accessory residential unit as defined by state law.

Multi-unit (three or more units) residences are allowed by right in the RMH, RH, MUR, and MURS zoning districts and with a CUP in the RM zone. Multi-unit residential development can be attached or detached, with typical uses including townhouses, condominiums, and apartment buildings.

4.2.1.4.2 Live/Work Units
Live/work units combine a workspace and incidental residential occupancy that is occupied and used by a single household in a structure that has been constructed for such use or is converted from commercial or industrial use and altered to accommodate residential occupancy and work activity.

Live/work units are further defined as Heavy and Light. Heavy indicates work activity that may be objectionable because it produces offensive order, dust, noise, bright lights, or vibration or involves the storage of hazardous materials or products, including activities such as manufacturing, welding, or assembly. Light refers to any live/work unit not classified as heavy. Heavy live/work units are allowed only in the INH zoning district subject to an approved minor CUP. Light live/work units are allowed in the RM, RMH, RH, MUR, MURS, MUN, and in the INL districts with an approved major CUP.

4.2.1.4.3 Liveaboard Permits for Boats
Within the Municipal Code, boats are not considered residences. However, per the regulations of the San Francisco Bay Conservation and Development Commission (BCDC), the lesser of 10 percent of vessels at the Emeryville Marina, or 38 vessels, may be issued liveaboard permits in one-year increments. Community members holding these permits may elect to use their vessels as primary residences. Permitted boats must be of a type designed for active navigation and may not include City of Emeryville 2023-2031 Housing Element Public Review Draft Constraints 53
houseboats. According to a letter provided by the City Attorney’s office, in 2017 the City received complaints from residents of the Emeryville Marina that they were being displaced due to increasing slip rents and evictions issued by the private entity managing the marina. While this may create a housing challenge for displaced residents, because of the nature of liveaboard permitting and the BCDC regulations governing the marina, the City does not have a basis to interfere in these evictions so long as the managing entity complies with state law. As noted with Table 3-8, while the Department of Finance reports the presence of 36 mobile homes in Emeryville, City staff are unaware of any. It is possible that the permitted live-aboard boats in the Emeryville Marina were counted as mobile homes by the Department of Finance. Per the City Attorney’s office, live-aboard boats are considered vessels rather than housing units. However, use of permitted live-abord boats as permanent residences is allowed. The San Francisco Bay Conservation and Development Commission, which regulates live-aboard permits, has limited the number of permits to 10 percent of the total number of berths or 38 berths, whichever is less

4.2.1.4.4 Accessory Dwelling Units (ADUs)/ Junior Accessory Dwelling Units (JADUs) ADUs (previously referred to as second units) are defined in the Municipal Code (see Section 9-2.702(b)) as an attached or detached residential dwelling unit that provides complete independent living facilities for one or more persons. An ADU may be within the same structure as the primary unit, in an attached structure, or in a separate structure on the same parcel. State legislation requires jurisdictions to allow ADUs that meet certain standards by right anywhere that single-family or multifamily uses are allowed.

JADUs, that is, smaller units (up to 500 square feet) located entirely within an existing single-family primary unit, are also allowed under state law.

Emeryville permits ADUs by right in all zoning districts where single-family and multiple-family residential is permitted, in addition to the MUR and MURS zoning districts, subject to the provisions of the Municipal Code (Section 9-5.14). Emeryville allows detached and attached ADUs up to 1,200 square feet or the same square footage of the largest principal unit, whichever is greater. Emeryville allows one ADU and one JADU on lots with an existing or proposed single unit. On lots with two-units or multi-unit residentials, Emeryville permits:
• Within portions of existing two unit or multi-unit structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements and garages, one ADU or 25 percent as many units as exist on the site, whichever is more, is/are allowed.
• Detached from, or attached to but not within, existing structures, two ADUs are allowed.

ADUs are reviewed ministerially and permitted through an approved zoning compliance review permit, requiring review by the Community Development Director, in consultation with the Chief Building Official and Fire Marshal.

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The City adopted updates to the ADU ordinance in 2021 to comply with state law. During the planning period, the City will implement the ADU ordinance and update it to comply with any new state requirements . Additionally, the City will explore initiatives to promote ADU development as an affordable housing option, including considering establishing a loan program for homeowners for ADUs, marketing ADU guidance materials, and creating a frequently-asked-questions (FAQs) webpage for ADUs on the City’s website (Program D).

4.2.1.4.5 Mobile Homes/Mobile Home Parks
Mobile homes or factory-built housing offer an affordable housing option to many low- and moderateincome households. California Government Code Section 65852.3 requires cities to treat certified mobile homes (manufactured homes) on a permanent foundation for permanent occupancy the same as single-family dwellings. They may not be excluded from lots zoned for single-family dwellings and are subject to the same rules as site-built homes, except for certain architectural requirements. Further, a city may not require an administrative permit, planning or development process, or requirement that is not imposed on a conventional single-family dwelling.

Factory-built homes in Emeryville are expressly treated the same as site-built homes, per Section 9-

5.205 of the Municipal Code. Factory-built housing on residential lots not constructed within a mobile home park must conform to the same development standards applied to site-built homes with regards to setbacks, parking, placement, and other standards, but have additional specific architectural requirements related to exterior finish and roofing material to blend factory-built housing with site-built housing. Mobile home units may also be used as rental ADUs subject to certain construction standards (e.g., National Mobile Home Construction and Safety Standards of 1974), and architectural requirements. These standards do not impose a constraint on the placement of mobile homes or unreasonable cost burdens on mobile homeowners since new factory-built homes normally comply with the City’s requirements with little or no modification. Despite this, factory-built housing is underutilized in the city. While the Department of Finance reports the presence of 36 mobile homes in Emeryville (Table 3-8), City staff are unaware of any. It is possible that the permitted live-aboard boats in the Emeryville Marina were counted as mobile homes by the Department of Finance.

Mobile home parks are permitted in the RM zone with an approved CUP. Emeryville does not have any mobile home parks within the city limits. Planning Regulations will be updated to require mobile and manufactured homes the same approval processes as single-family residential uses, in compliance with California Government Code Section 65852.3 within 3 years (Program LL).

4.2.1.4.6 Residential Care Facilities
Health and Safety Code Sections 1267.8, 1566.3, and 1568.08 require local governments to treat licensed group homes and residential care facilities with six or fewer residents no differently than other by-right single-family housing uses. “Six or fewer persons” does not include the operator, the operator’s family, or persons employed as staff. Local agencies must allow these licensed residential care facilities in any area zoned for residential use and may not require licensed residential care facilities for six or fewer persons to obtain CUPs or variances that are not required of other family dwellings. Group homes City of Emeryville 2023-2031 Housing Element Public Review Draft Constraints 55
and residential care facilities should not be subject to any restrictions (e.g., occupancy limit) that are not imposed on similar dwellings (e.g. single-family homes, apartments).

In Emeryville, limited residential care facilities (providing care for six or fewer persons) are permitted by right in the RM, RMH, RH, MUR, and MURS zones. General residential care facilities (providing care for seven or more persons) are conditionally permitted in the RM, RMH, RH, MUR, and MURS zones. In Program LL, the City commits to revising the Municipal Code to allow general residential care facilities to be permitted in the same way as limited residential care facilities.

4.2.1.4.7 Group Residential Uses (Housing for Extremely Low-Income Households) Emeryville’s Group Residential uses consist of accommodations generally offered on a weekly or longer basis consisting of shared living quarters or single-room occupancy (SRO) housing with more than one room or unit sharing kitchen and/or bathroom facilities. Group residential uses include boarding houses and dormitories. Similar to residential care facilities, Emeryville has separate zoning requirements for group residential uses with six of fewer residents (small) and group residential uses with seven or more residents (large).

Small group residential uses are treated the same as other single-family (single-unit) uses and are permitted by right in the RM, RMH, RH, MUR, and MURS zoning districts. Large group residential uses are conditionally permitted in the above-mentioned zones. In Program LL, the City commits to revising the Municipal Code to allow large group residential uses to be permitted in the same way as small group residential uses. The City, does not impose separation requirements for group residential uses, allowing for the integration of group residential uses with other residential uses.

SRO units and similar use types are an important source of affordable housing for extremely low-income households. Extremely low-income households typically comprise persons with special housing needs, including, but not limited to, persons experiencing homelessness or at risk of homelessness and persons with substance abuse problems. Assembly Bill (AB) 2634 (Lieber 2006) requires the quantification and analysis of existing and projected housing needs of extremely low-income households. Housing Elements must also identify zoning to encourage and facilitate supportive housing and SRO units. In Programs A, G, H, K, L, O, Y, BB, CC, GG, and OO, the City, commits to addressing the needs of extremely low-income households, including expanding affordable housing opportunities. As a part of this effort, the City, will amend the Municipal Code to permit group residential uses with seven or more residents through a ministerial process rather than requiring a CUP (Program LL).

4.2.1.4.8 Employee and Farmworker Housing
No land within Emeryville is designated for agricultural use. According to 2019 American Community Survey (ACS) 5-year estimates (Table 3-19), there are 10 persons in Emeryville employed in agriculture, forestry, fishing and hunting, and mining occupations. These persons may work outside of Emeryville.

Therefore, Emeryville has no specific need for farmworker housing. The 2017 Department of Agriculture (USDA) Agricultural Census estimates there are approximately 593 hired farmworkers in Alameda County, with 305 estimated to be permanent labor and 288 estimated to be seasonal workers.

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Increasing the supply of housing affordable to lower income households could potentially benefit farmworkers. Therefore, the City is committed to increasing the supply of affordable housing for low-, very low-, and extremely low-income households (Programs A, G, H, I, and Y).

Emeryville permits an employee housing-related use as an accessory resident manager’s and caretaker’s quarters, defined in Section 9-2.702(f) as a dwelling unit in connection with a principal nonresidential use on the same lot, to be occupied by a person who must be present on the site for managerial or security reasons and who is the owner, lessee, or an employee of the owner or lessee of the nonresidential use. The City commits to revising the Municipal Code to permit employee housing that serves six or fewer persons as other single-family uses of the same type in the same zone across all zones that allow single-family residential uses in compliance with the California Employee Housing Act (Health and Safety Code Sections 17021.5 and 17021.6) (Program LL).

Planning Regulations will be updated to both streamline and define agricultural worker housing. This includes ministerially approving of agricultural worker housing that meets the requirements of Health and Safety Code Section 17021.8. The updated definitions will identify that any agricultural worker housing made up of less than 36 beds in a group quarter or 12 units or spaces can be classified as agricultural land use and permitted in the same manner as agricultural uses consistent with Health and Safety Code Section 17021.6. Modifications, if approved will be implemented in 3 years (Program LL).

4.2.1.4.9 Transitional and Supportive Housing
Supportive housing is defined by Section 50675.14 of the Health and Safety Code as housing with linked on- or off-site services with no limit on the length of stay and which is occupied by a target population, as defined in Health and Safety Code Section 53260 (i.e., low-income person with mental disabilities, AIDS, substance abuse, or chronic health conditions, or persons whose disabilities originated before the age of 18). Services linked to supportive housing usually focuses on assisting people with retaining their housing, and living and working in the community, and/or health improvement.

Transitional housing is defined in Section 50675.2(h) of the Health and Safety Code as rental housing for stays of at least six months but where the units are recirculated to another program recipient after a set period. It may be designated for a homeless individual or family transitioning to permanent housing.

This housing can take many structural forms, such as group housing and multifamily units, and may include supportive services to allow individuals to gain necessary life skills in support of independent living.

Pursuant to California Government Code Section 65583, transitional and supportive housing types are required to be treated as residential uses and subject only to those restrictions that apply to other residential uses of the same type in the same zone. Transitional and supportive housing, as defined in the Health and Safety Code, are permitted by right without a CUP in residential zones.

The City allows transitional and supportive housing, subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. More specifically, single-unit or two-unit transitional housing and supportive housing are permitted by right in the RM zone, and multi-unit City of Emeryville 2023-2031 Housing Element Public Review Draft Constraints 57
projects are conditionally allowed in the RM zone and permitted by right in the RMH, RH, MUR, and MURS zoning districts, consistent with California Government Code Sections 65583 and 65650.

4.2.1.4.10 Domestic Violence Shelter
Emeryville allows domestic violence shelters with an approved major CUP in the RM, RMH, RH, MUR, and MURS zoning districts. Per Section 9-2.209 of the Municipal Code, domestic violence shelters are defined as a facility where victims of domestic violence or sexual abuse are provided temporary housing, food, and other specialized services in compliance with California Welfare and Institutions Code Section 18290.

4.2.1.4.11 Emergency Shelters
The California Health and Safety Code (Section 50801[e]) defines an emergency shelter as “housing with minimal supportive services for homeless persons that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter because of an inability to pay.”
In 2019, the City approved a temporary emergency shelter for families at the former City Recreation Center at 4300 San Pablo Avenue, in the MUR zone. The project was operated by the East Oakland Community Project (EOCP). The site had been previously earmarked for a low-income senior housing project. The developer selection, planning entitlement, and building permit processes for such a project would be expected to take about two years, during which time the site was able to be used for the temporary emergency family shelter. As of May 2022, the City had selected a developer and was in the process of negotiating a Lease Disposition and Development Agreement (LDDA) with them.

The City’s Municipal Code allows emergency shelters by right in the MURS zone, requiring ministerial approval of a zoning compliance review application by the Community Development Director, with consultation from the Chief Building Official and Fire Marshal. Emergency shelters are also conditionally permitted in the MUR, MUN, OT (Office/Technology), OT/DH (Office/Technology Doyle-Hollis North), and INL (Light Industrial) zoning districts, requiring an approved major CUP. Sites in the MURS, MUR, MUN, OT, OT/DH, and INL zoning districts are well served by transit, services, and amenities. As shown in Table 4-3, there are a total of 29 parcels on 9.54 acres where emergency shelters could potentially be built.

To facilitate the production of emergency shelters, the City will consider removing the CUP on emergency shelters in the MUR zone (Program LL).

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Table 4-3: Capacity for Emergency Shelters
Zone
Vacant Underutilized
Number of Parcels Acres Number of Parcels Acres
INL 0 0 6 1.55
MUR 6 3.75 15 3.94
MURS 0 0 2 0.3
TOTAL 6 3.75 23 5.79
TOTAL Parcels 29
TOTAL Acres 9.54
Source: City of Emeryville, 2021
The City adopted objective managerial standards to encourage and facilitate the development of a new emergency shelter or conversion of a building with another use for use as an emergency shelter. Per Section 9-5.1804 of the Municipal Code, development standards for emergency shelters in Emeryville include:
• Number of Beds. An emergency shelter may have up to 60 beds. • Waiting Area. A waiting and intake area with a minimum of 10 square feet per bed shall be provided.
• Outdoor Activities. Outdoor activities, including, but not limited to, on-site waiting, client intake areas, and charitable food distribution, may only be conducted between the hours of 8:00 a.m. to 6:00 p.m. and shall be screened from public view to the extent feasible. • Location Requirement. No emergency shelter shall be established within 300 feet of any other emergency shelter. The distance between any two emergency shelters shall be measured in a straight line, without regard to intervening structures, from the closest property line of each shelter.
• Lighting. Adequate external lighting for security shall be provided. • Security. Parking and outdoor facilities shall be designed for security for residents, visitors, and employees.
• Management Plan. The shelter operator shall have a written management plan including provisions for staff training, neighbor relations, security, screening of residents to ensure compatibility with services provided at the facility, and programs for residents. • On-Site Staffing. A minimum of one staff member per 20 beds shall be on duty and awake when the facility is in operation.
• Compliance with Federal, State, and Local Regulations. Emergency shelters shall comply with all federal, state, and local licensing requirements.
• Compliance with Life Safety Regulations. Emergency shelters shall comply with all applicable building, fire, and health and safety codes, including maximum occupancy restrictions.

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Emeryville does not require a minimum number of parking spaces and relies on an estimated parking demand ratio to determine the maximum number of parking spaces allowed. While emergency shelters are not required to provide any parking spaces, the estimated parking demand ratio to determine the maximum parking spaces allowed is listed as to be determined (TBD) in Table 9-4.404 of the Municipal Code. Per Section 9-4.404, where emergency shelters are permitted with ministerial approval (MURS zone), the Community Development Director determines the estimated parking demand based on the characteristics of the specific use in question and other similar uses. Where emergency shelters are permitted with discretionary approval (the MUR, MUN, OT, OT/DH, and INL zones) the Planning Commission or City Council shall determine the estimated parking demand based on a recommendation from the director.

To comply with California Government Code Section 65583(a)(4), the City commits to updating its parking standards to establish a parking standard that provides sufficient parking to all emergency shelter staff and to reviewing the emergency shelter standards and revising as needed to be consistent (Program LL).

4.2.1.4.12 Low-Barrier Navigation Centers
As part of Program LL, the City will amend its Municipal Code to allow Low-Barrier Navigation Centers by right in mixed-use zones and nonresidential zones permitting multifamily uses if it meets specified requirements in compliance with California Government Code Sections 65660, 65664, and 65666.

For a navigation center to be considered “low barrier,” its operation should incorporate best practices to reduce barriers to entry, which may include, but is not limited to, the following:
• Permitting the presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth
• Pets
• Ability to store possessions
• Providing privacy, such as private rooms or partitions around beds in a dormitory setting or in larger rooms with multiple beds.

4.2.1.5 Housing for Disabled Persons
California Government Code Section 65583 requires that the Housing Element analyze potential and actual constraints on the development, maintenance, and improvement of housing for persons with disabilities and demonstrate local efforts to remove governmental constraints that hinder the locality from meeting the need for housing for persons with disabilities (California Government Code, Section 65583(a)(4)). The element must include programs that remove constraints or provide reasonable accommodations for housing designed for persons with disabilities (California Government Code, Section 65583(c)(3)). This section and Program O address these requirements.

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4.2.1.5.1 Residential Care Facilities
State law requires residential care facilities serving six or fewer persons to be (1) treated the same as any residential use; (2) allowed by right in all residential zones; and (3) subject to the same standards, fees, taxes, and permitting procedures as those imposed on the same type of housing in the same zone.

These laws ensure that housing opportunities are available for people with disabilities and that such uses are not discriminated against. The City currently permits residential care facilities serving six or fewer persons by right in all residential zoning districts (RM, RMH, RH, MUR, and MURS zones).

Residential care facilities include the subcategory of Residential Care Facility for the Elderly, which are care facilities that serve persons 60 years of age and older, as defined by Section 9-2.21 of the Municipal Code. To expand the use of care facilities for any number of occupants, the City has included Program LL to amend the Municipal Code to allow state-licensed residential care facilities for seven or more persons only subject to those restrictions that apply to residential uses in the same zone. Emeryville does not impose any separation requirements for limited (six or fewer residents) residential care facilities or general (seven or more residents).

4.2.1.5.2 Accessible Parking
While the City updated its site development regulations for parking in 2020 to eliminate minimum required parking standards, it maintains required number of accessible parking stalls, which are regulated by Title 24 of the California Building Standards Code. Under the new parking regulations in Section 9-4.403 of the Municipal Code, all new development that elect to provide standard parking stalls must provide accessible parking stalls and existing development that reduce parking must maintain its existing accessible parking. New construction with an estimated parking demand of greater than 25 spaces is required to provide accessible parking even if no other parking is proposed (typically applying to new commercial projects of 10,000 square feet or more). For residential uses serving persons with disabilities, the estimated parking demand ratio per Section 9.404 of the Municipal Code is as follows:
• General residential care facilities (seven or more residents) - 0.25 spaces per bed • Large group residential (seven or more residents) - 0.25 spaces per bed • Limited residential care facilities (six or fewer residents), small group residential facilities (six or fewer residents), and senior housing developments and low-income housing developments – 0 spaces required

4.2.1.5.3 Building Codes
This section discusses building codes as related to persons with disabilities. A broader discussion of building codes can be found in the Permits and Procedures subsection later in this chapter. The City enforces Title 24 of the California Code of Regulations, which regulates the access and adaptability of buildings to accommodate persons with disabilities. The City enforces federal and state accessibility laws through the building plan check and permit process. The City permits existing and new homes to be retrofitted or fitted for features that provide for accessibility and independent living for persons with disabilities.

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Further, the City maintains an Americans with Disabilities Act (ADA) Coordinator within the Public Works Department. The ADA Coordinator for Emeryville is responsible for supervising city compliance with the ADA. This includes:
• Implementing accommodation, auxiliary aid, and barrier removal requests • Resolving ADA grievances filed by citizens
• Creating and maintaining blue curbs and other handicapped parking places with the Public Works Department

4.2.1.5.4 Definition of Family
Fair housing laws prohibit restrictive definitions of family that discriminate against households based on the number, personal characteristics, or the relationship of occupants to one another.

Consistent with state law, the City defines a family as “two (2) or more persons occupying a dwelling unit and living together as a single housekeeping unit and sharing common living, sleeping, cooking and eating facilities. Members of a family need not be related by blood but are distinguished from a group occupying a hotel, club, fraternity or sorority house,” as stated in Section 9-8.206 of the Municipal Code.

The City further defines a “household” as all persons who occupy a dwelling unit as their usual place of residence (Section 9-8.208).

4.2.1.5.5 Reasonable Accommodation
Pursuant to the federal Fair Housing Amendments Act, the ADA, and the California Fair Employment and Housing Act, Emeryville’s Municipal Code (Section 9-7.904) provides for reasonable accommodation by allowing modifications to the application of land use policies and zoning regulations for persons with disabilities. These provisions are intended to provide a clear process for the submittal and processing of requests for reasonable accommodation. Requests for accommodation are reviewed by the ADA coordinator and the Planning and Building Director, who must issue a decision within 45 days. The determination to approve, conditionally approve, or deny a request is based on the following findings:
• The person who is the subject of the request for reasonable accommodation is protected under federal and state fair housing laws.
• The requested accommodation is necessary to make specific housing available to an individual protected under the federal and state fair housing laws. • The requested accommodation does not impose an undue financial or administrative burden upon the City.
• The requested accommodation does not require a significant alteration of the planning, zoning, and development laws and procedures of the City.
• There are no alternatives aside from the requested exception accommodation for the benefit of the applicant.

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Any person can appeal to the decision of the Director of the Planning Commission by filing the appeal of decision of fair housing accommodation request provided by the Department. Assistance in filing an appeal is available through the Department to ensure that the appeal process is accessible to the applicant and will need to contain a statement on reasons for appeal.

In summary, the City of Emeryville continues to institute accessible procedures to ensure that people of all abilities have opportunities to secure housing in the community.

4.2.2 RESIDENTIAL DEVELOPMENT STANDARDS AND PARKING REQUIREMENTS Residential development standards and parking requirements are intended to maintain and preserve the aesthetic quality of Emeryville’s residential neighborhoods. Standards address physical qualities, such as structure heights, yard setbacks, and open space requirements. They are not meant to limit residential development; instead, they are aimed at creating attractive and inviting buildings at appropriate scales and in consideration of adjacent properties. The City’s development and zoning standards are available on the City’s website pursuant to California Government Code Section 65940.1 (a)(1)(B)).

4.2.2.1 Density, Building Intensity, and Height
Density, building intensity (or FAR), and building height are established in the Land Use Element and implemented by the Municipal Code. As discussed in context of the General Plan, density, FAR, and building height are not directly correlated with land use designations and zoning districts and are instead established by the General Plan Floor Area Ratios Map, General Plan Maximum Building Height Map, and General Plan Residential Densities Map. (To refer to these maps, see the City’s Land Use Element.) Each map designates a base maximum ratio (FAR and density) or limit (height) per area and a maximum development bonus ratio/limit that may be conditionally permitted for projects demonstrating a significant public benefit, such as public open space, family-friendly housing, and sustainable design. The community benefit bonus requires an approved CUP.

FAR expresses the ratio of building square footage to land square footage and allows for flexibility in design as long as other development standards (such as height and setbacks) are compliant. As shown in Table 4-4, Emeryville permits base FAR ranges from up to 0.5 to up to 3.0. Intensities are low in the eastern residential neighborhoods and the western end of the peninsula, gradually increasing to the highest values at the Powell Street/Christie Avenue core area. With exception to areas with a permitted base FAR of 1.0, the bonus FAR permitted is twice the allowed base FAR. The City will permit by right 3- and 4-unit multi-unit projects in the RM district with no density requirement, as long as it is in compliance with FAR and height limits. Base FAR will also be increased to 1.0 and Bonus FAR will be eliminated in the RM Zone. Modifications, if approved will be implemented in 3 years. (Program LL).

City of Emeryville 2023-2031 Housing Element Public Review Draft Constraints 63
Table 4-4: Maximum Floor Area Ratio
Map Designation
Maximum Permitted Building Intensity (FAR)
Base Bonus

0.5/1.0 Up to 0.5 Up to 1.0

1.0 Up to 1.0 None

1.0/1.6 Up to 1.0 Up to 1.6

1.5/3.0 Up to 1.5 Up to 3.0

2.0/4.0 Up to 2.0 Up to 4.0

3.0/6.0 Up to 3.0 Up to 6.0
Source: Emeryville Municipal Code, 2021
As shown in Table 4-5, maximum base height ranges from 30 to 75 feet. Similar to FAR, allowed height gradually increases from east Emeryville, typified by older residential neighborhoods, to the Powell Street/Christie Avenue area, supporting a high-rise core within this area. Maximum height, coupled with FAR, was specifically determined on a neighborhood basis to character and scale, either to preserve existing neighborhoods (such as the historic Park Avenue) or encourage high-rise development (such as the Powell Street Core). With exception to areas with a map designation of 30, development projects in all other areas can be awarded a bonus height. In the 40/75, 50/100, and 75/100 map designations, the maximum bonus height is more than double the base allowable height.

Table 4-5: Maximum Height
Map Designation
Maximum Permitted Height
General Associated Neighborhoods
Base Bonus
30 Up to 30 None Triangle and Doyle Street neighborhoods 30/55 Up to 30 Up to 55
North Hollis and Park Avenue areas
Watergate residential complex
40/75 Up to 40 Up to 75 Transitional areas between low-rise and high-rise neighborhoods 50/100 Up to 50 Up to 100 Sherwin Williams, East Bay Bridge, and sites west of the railroad 75/100+ Up to 75 75 to over 100 Powell Street Core
Source: Emeryville Municipal Code and General Plan, 2021 Overall, the allowable base FAR and height support high-density development citywide. Density is one of the most important factors that affects the feasibility of housing that is affordable to households with lower incomes. Per California Government Code Section 65583.2(c)(3)(B), the default density applicable to Emeryville presumed to be suitable for lower-income housing is 20 units per acre, which, within Emeryville is the lowest allowable base density. This indicates that affordable housing can be accommodated anywhere in the city without need of the community benefit bonus to achieve higher densities. However, should a development project need to pursue a higher density through a community benefit bonus, a bonus density is available in any of the map designations (unlike height or FAR, where bonuses are only available to some map designations).

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Table 4-6 shows the base densities and bonus densities that correspond with the designations on the City’s Maximum Residential Densities Map (see Land Use Element). Residential density is only mapped on areas where the underlying General Plan land use classification allows residential uses. This includes the older neighborhoods in east Emeryville (Triangle and Doyle Street neighborhoods) that permit the lowest density (20 units per acre), along San Pablo Avenue, Park Avenue, and Hollis Street permitting moderate density (between 35/60 to 50/100 units per acre) and the high-density corridor between I-80 and the railroads, permitting the City’s highest allowable densities (70/135 to 85/175 units per acre).

Blank areas in the City’s Maximum Residential Densities Map indicate land use classifications that do not permit residential uses: Mixed-Use with Nonresidential and Industrial. The corresponding zoning districts (MUN and INL and INH, respectively) only permit emergency shelters and live/work units; no other residential uses are permitted.

Table 4-6: Maximum Density
Map Designation
Maximum Permitted Density
Base Bonus
20/35 Up to 20 Up to 35
35/60 Up to 35 Up to 60
50/100 Up to 50 Up to 100
70/135 Up to 70 Up to 135
85/170 Up to 85 Up to 170
Source: Emeryville Municipal Code and General Plan, 2021 While the General Plan Densities Map only establishes a maximum residential density, development proposals in the city are typically for projects close to or in excess of the base maximum density. This indicates the base density can be achieved while meeting the requirements of other residential development standards, including setbacks, unit size, and open space. Table 4-7 describes these residential development standards.

4.2.2.1.1 Representative Projects
Through the City’s Community Benefits Bonus program, projects are frequently built with density and FAR significantly higher than the base allowed. As shown in Table 6-5, recent examples include:

1. The Intersection Mixed-Use Project (Maz Site), resulted in 105 units (11 of the 105 are BMR) on a 1.1 acres. This is a density of 95.5 units per acre, in an area with a base maximum density of 50 units per acre and a bonus maximum density of 100 units per acre. The project FAR is 2.24, in an area with a base maximum FAR of 1.5 and a bonus maximum FAR of 3.0.

2. Sherwin-Williams Buildings B1 and B2, resulted in a combined 194 units (33 of the 194 are BMR) on two acres. This is a density of 97 units per acre, in an area with a base maximum density of 50 units per acre and a bonus maximum density of 100 units per acre. The project FARs are 3.42 for Building B1 and 2.79 for Building B2, in an area with a base maximum FAR of 1.5 and a bonus maximum FAR of 3.0.

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Table 4-7: Residential Development Standards

Zone Unit Type
High Density
Residential
(RH)
Medium High
Density
Residential
(RMH)
Medium
Density
Residential
(RM)
Mixed Use with
Residential
(MUR), not
abutting
residential
Mixed Use Residential
(MUR), abutting other
residential zones
Accessory
Dwelling Unit
Live/Work Multi-Unit
Front yard setback (minimum)
If the two
adjacent lots are
developed1
Average of
adjacent front
yards
Average of
adjacent front
yards
Average of
adjacent front
yards
None
When street frontage
abuts a lot in a
residential zone, setback
shall be the same as
required on the adjacent
residential lot2
Subject to the
same setbacks as
existing
structures5
Pursuant to the
zone in which
the unit is
located
Pursuant to
the zone in
which the
unit is
located
If only one of the
adjacent lots is
developed
Same as front
yard on
developed lot
but not less
than 5 feet
Same as front
yard on
developed lot
but not less than
5 feet
Same as front
yard on
developed lot
but not less
than 10 feet
If neither of the
adjacent lots are
developed
5 feet 5 feet 10 feet
For all corner
lots 5 feet 5 feet 10 feet
Other setbacks (minimum)
Street side 3 feet 3 feet 3 feet
None
When street frontage
abuts a lot in a
residential zone, setback
shall be the same as
required on the adjacent
residential lot
Subject to the
same setbacks as
existing
structures5
Pursuant to the
zone in which
the unit is
located
Pursuant to
the zone in
which the
unit is
located Interior side 3 feet 3 feet 3 feet
10 feet plus an
additional 2 feet for
each 1 foot by which the
height of the building on
the nonresidential lot
exceeds 30 feet
Subject to the
same setbacks as
existing
structures5
Rear 15 feet 15 feet 15 feet 4 feet
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Zone Unit Type
High Density
Residential
(RH)
Medium High
Density
Residential
(RMH)
Medium
Density
Residential
(RM)
Mixed Use with
Residential
(MUR), not
abutting
residential
Mixed Use Residential
(MUR), abutting other
residential zones
Accessory
Dwelling Unit
Live/Work Multi-Unit
Minimum Lot Area and Width
Minimum Lot
Area (square
feet)
— — 2,500 — — — — —
Minimum Lot
Width — — 25 feet — — — — —
Unit size
Minimum
(square feet)3 — — 500 — — 150 750 —
Maximum
(square feet) — — — — —
1,200 or greater
than the largest
principal unit its
associated with,
whichever is
greater
2,000 —
Open space
Usable open
space per unit
(square feet)4
— — — — — 200 60 60
Source: City of Emeryville Municipal Code, 2021
1 Detached garages and accessory buildings shall not be considered in determining existing front setbacks. 2 Where a lot has frontage on two streets, and both such frontages are adjacent to property in a residential zone, the setback from the street line on each frontage shall be the same as required on the adjacent residential lot.
3 Minimum dwelling unit area is not prescribed by the Municipal Code for any zones except the RM zones. However, all dwelling units shall comply with applicable building code requirements in Title 8 of the Municipal Code.
4 For all other residential uses other than multi-unit uses, new buildings or additions that exceed 10,000 square feet shall provide a minimum area of common open space and/or privately owned public open space (POPOS) that totals at least 5% of the gross floor area. Single unit and two-unit residential uses are exempt from this requirement.
5 No setback is required if a garage, carport, or other existing structure is converted to or replaced by an accessory dwelling unit.

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4.2.2.2 Planned Unit Developments (PUD)
The purpose of the PUD is to encourage the creative development of large sites so as to permit flexibility in physical design, achieve attractive designs which encourage large-scale site planning, and ensure that the applicable provisions of the General Plan are established early in the formation of such development proposals. The creation of a PUD is considered by the City Council with a recommendation from the Planning Commission to adopt a preliminary development plan and subsequent final development plans. A preliminary development plan and final development plan may also be processed concurrently, however, the Planning Commission’s approval of the final development plan is contingent upon City Council approval of the preliminary development plan.

The proposed PUD and adoption of a preliminary development plan must be consistent with the General Plan, including its development standards and land use designation of the site, and not have significant adverse impacts on the environment. The proposed site may be no less than one acre, suitable for the uses permitted, compatible with the surrounding area, and comply with any overlay zones. A PUD must provide public benefit to qualify for bonus floor area ratio, height, and/or residential density.

4.2.2.3 Parking Requirements
In 2020, the City updated its parking requirements to eliminate parking minimums, effectively removing the requirement for providing parking (with the exception of accessible parking, previously described).

Additionally, existing parking spaces established prior to updating the parking requirements may be reduced or eliminated entirely, per Section 9-4.403(a)(1). This includes parking spaces that were required as a condition of approval for discretionary projects, which can be reduced or eliminated with an approved minor CUP. The Municipal Code retains allowable maximum parking requirements, limiting the maximum number of parking spaces a project can provide to 10 percent more than the estimated parking demand (included as Table 4-8). Estimated parking demand is determined by use type, number of units, and number of bedrooms. Projects that propose parking spaces exceeding the maximum allowable require an approved CUP and must demonstrate that (1) the additional parking is required to meet the anticipated demand of the proposed use, and (2) the additional parking will not result in an overdependence on automobiles and/or adversely impact transit, bicycle, or pedestrian access to the site or other adjacent uses. The City further minimizes the requirements for parking within specific districts of the city to reduce reliance on vehicles: the maximum parking allowances are reduced 50 percent for projects proposed in the city’s Transit Hub Overlay Zone and local-serving uses with a gross floor area of 5,000 square feet or less are exempt from off-street parking and loading provisions.

Discretionary projects that provide less parking spaces than the estimated parking demand may be conditioned by the hearing authority to include measures that reduce parking demand, such as promoting use of public transit, bicycling, and walking, and/or allowing modified working hours or telecommuting. The City does not have the ability to impose conditions on ministerial projects.

As parking requirements for standard parking are effectively removed, required parking does not pose a constraint on housing development in Emeryville.

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Table 4-8: Residential Parking Standards
Residential Use
Estimated Maximum
Parking Demand
Single unit 1 space
ADUs1 No parking required
Two units and multi-unit
Resident parking 1 space/unit
Guest parking (for 5+ units) 0.2 spaces/unit
Two units and multi-unit (senior and low-income housing2) Resident parking 0.5 spaces/unit
Guest parking (for 5+ units) 0.2 spaces/unit
Domestic violence shelter 0.25 spaces/bed
Group residential
Small None
Large 0.25 spaces/bed
Mobile home park 1 space/mobile home
Live/work unit 1.5
3 Residential care facility
Limited No Requirement
General 0.25 spaces/bed
Supportive housing 0.25 spaces/bed
Transitional housing 0.25 spaces/bed
Emergency shelter 4,5 TBD
Source: City of Emeryville Municipal Code, 2021
1 If parking is provided for an ADU, that parking can be provided in tandem with parking for existing residential parking spaces and/or provided in required setback. If a garage or carport is converted to or replaced by an ADU, no replacement parking is required.
2 Senior housing means housing that is restricted to older adults, in which at least one resident of each unit must be a “senior citizen,” as defined in California Civil Code Section 51.3. Low-income housing means housing that is restricted to low, very low, or extremely low income households, as defined for Alameda County by the California Department of Housing and Community Development.
3 Estimated parking demand for live/work units can be calculated as either 1.5/spaces per live/work unit or 1.5 spaces per 1,000 gross feet, whichever is greater.
4 The estimated parking demand is to be determined (TBD), deems the estimated parking demand shall be determined based on the characteristics of the specific use in question and other similar uses. 5 The City commits to updating its parking standards to establish a parking standard that provides sufficient parking to all emergency shelter staff and to reviewing the emergency shelter standards and revising as needed to be consistent (Program BB).

4.2.2.4 Community Benefit Bonuses
If a public benefit can be demonstrated, the City offers bonuses for FAR, height, and/or residential density. Qualifying community benefits include open space, public improvements, utility undergrounding, zero net energy, additional family-friendly units, small businesses, and “flexible City of Emeryville 2023-2031 Housing Element Public Review Draft Constraints 69
community benefit” for an undefined community benefit not included in the list (such as universal design features beyond those required by applicable building codes). Qualifying community benefits are approved by the Planning Commission. Flexible benefits are approved by the City Council with recommendation from the Planning Commission.

The City previously adopted Universal Design as a community benefit option for obtaining development bonuses. Universal Design standards make homes more usable and accessible for all people, including people with disabilities. The City will evaluate how to incorporate Universal Design features into the Planning Regulations beyond what is currently being implemented. (Program UU).

An approved community benefit bonus is the only available permit type that allows a project to exceed the maximum base FAR, height, and residential density. While Emeryville has other permits that allow deviation from development standards (e.g., variances and exception to standards), per Section 9-7.702 (Variance Applicability) and Section 9-8.802 (Exception to Standards Applicability), FAR, height, and density are not applicable standards that can be considered. Further, applicants that apply for a community benefit bonus cannot receive a density bonus through the State Density Bonus.

While community benefits must clearly exceed normal requirements, the qualifying community benefits are specifically stated with objective standards to determine the bonus awarded based on a point system (Section 9-4.204(e)). To support the development of affordable housing, at least half of the bonus points are required to be earned through providing affordable housing units. This applies to nonresidential projects and residential projects, with nonresidential projects required to pay an additional affordable housing impact fee. The number of bonus points awarded shall be determined for providing affordable units at various income levels in accordance with Table 4-9 below.

Table 4-9: Bonus Points for Affordable Units in Project Bonus Points
Awarded
Rental Projects
Ownership
Projects
TOTAL Very Low Income Low Income Moderate Income Moderate Income 5 12.5% 12.5% 12.5% 12.5% 12.5%
10 13.0% 2.9% 4.5% 5.5% 21.0%
15 13.5% 3.1% 4.7% 5.8% 21.5%
20 14.0% 3.2% 4.9% 6.0% 22.0%
25 14.5% 3.3% 5.0% 6.2% 22.5%
30 15.0% 3.4% 5.2% 6.4% 23.0%
35 15.5% 3.5% 5.4% 6.6% 23.5%
40 16.0% 3.6% 5.6% 6.8% 24.0%
45 16.5% 3.7% 5.7% 7.0% 24.5%
50 17.0% 3.9% 5.9% 7.2% 25.0%
Source: City of Emeryville Municipal Code 9-4.204(d)(1), 2021 City of Emeryville 2023-2031 Housing Element Public Review Draft Constraints 70
As Emeryville’s housing units are predominantly one- to two-bedroom units (Table 3-10), additional family-friendly units are particularly important to offer more appropriately sized housing units for families. Emeryville offers five points for each additional 5 percent of total units that have two or more bedrooms in addition to those required by Section 9-5.2003, of which at least 1 percent must have three or more bedrooms. The project must also comply with the applicable provisions of the Emeryville Design Guidelines pertaining to family-friendly residential unit design.

To approve a community benefit bonus for FAR, height, or density, the City Council must make the following findings per Section 9-4.204(f).

1. In the RM Medium Density Residential zone:
• That the proposed project is compatible with the surrounding neighborhood with regard to building scale, form, materials, and street orientation. • That the proposed project has been designed to minimize the appearance from the street of driveways, parking spaces, maneuvering aisles, and garage doors as much as possible given the size and shape of the lot, and that at least 70 percent of the street frontage is devoted to active non-parking uses, except that a driveway of up to 10 feet in width shall be allowed.

2. In all other zones:
• That the proposed project will provide community benefits sufficient to earn the number of points required for the bonus amount requested, pursuant to subsections (c), (d), and (e) of Section 9-4.204.
• That the proposed community benefits for the project are significant and clearly beyond what would otherwise be required for the project under applicable code provisions, conditions of approval, and/or environmental review mitigation measures. • That the proposed community benefits for the project are acceptable and appropriate in this case and will provide tangible benefits to the community.

3. Bonus height over 100 hundred feet:
• That the proposed project will provide community benefits sufficient to earn at least 100 points pursuant to subsections (d) and (e) of Section 9-4.204. • That the proposed project will minimize impacts on public views, wind, and shadows at the street level.
• That the proposed project will be adequately separated from other buildings over 100 feet tall, with consideration given to solar access.

4.2.3 STATE DENSITY BONUS FOR AFFORDABLE HOUSING
In compliance with California Government Code Section 65915, the City provides density bonuses for residential development projects that agree to provide affordable housing units. Density bonuses can reach up to 35 percent and are based on both the type and amount of benefits provided. The following types of projects are eligible for a density bonus:

City of Emeryville 2023-2031 Housing Element Public Review Draft Constraints 71
• A residential development project that agrees to construct at least 10 percent of its units for low-income households
• A residential development projects that agrees to construct at least 5 percent of its units for very low-income households
• A senior citizen housing development or mobile park that limits residency based on age • A residential development project where 10 percent of its units are in a common interest development for persons and families of moderate income, provided that all units in the development are offered to the public for purchase
• A residential development project that donates land to the City • A residential development project that includes childcare facilities • A condominium conversion project
Note that density bonuses for affordable housing are distinguished from the community benefit bonuses. Developers may apply for a density bonus or the community benefit bonus, but not both (Section 9-5.501).

ABs 2753, 2372, 1763, 1227, and 2345 were passed in 2018, 2019, and 2020 and revised density bonus law to provide additional benefits for qualifying projects, including increasing the maximum percentage density bonus from 35 to 50. To ensure the City’s development requirements are consistent with recent state law, the City will review Chapter 5, Article 5 of the Municipal Code for compliance with ABs 2753, 2372, 1227, 1763, and 2345 and to provide requirements within the Municipal Code (Program A).

4.2.4 PERMITS AND PROCEDURES

4.2.4.1 Permit Processing
As a small city, Emeryville’s zoning permit process is generally less time consuming than that of many East Bay cities. Staff is able to provide a higher level of customer service than seen in larger cities.

Administrative planning approvals, including staff-level (minor) design review, sign permits, and other small projects take about three days to three weeks to process. Planning Commission approvals (use permit, design review, variance, sign permit, subdivision) take about two months for simple projects, once the application is complete. Appeals to the City Council may add up to two months. A request for a planned unit development, an amendment to the Zoning Ordinance, or a General Plan Amendment will likely take longer due to required hearings by the Planning Commission and City Council. The City will investigate the ability to eliminate the need for a Public Meeting to determine if the case warrants an Appeal Hearing. The elimination of this Public Meeting will accelerate the time for a project to be approved. (Program B)
For larger projects, the developer is asked to meet with neighbors prior to seeking approval from the Planning Commission. Informal study sessions with the Planning Commission, City Council, or both are also recommended for larger projects prior to filing an application. Study sessions are beneficial to the applicant because any concerns by the Planning Commission and City Council can be aired prior to large investment into design. Likewise, applicants receive preliminary review by staff to determine City of Emeryville 2023-2031 Housing Element Public Review Draft Constraints 72
conformance with zoning and the General Plan and to identify the permits required. By the time the project appears before the Planning Commission, significant issues have been addressed.

Emeryville’s permit procedures are straightforward. The City has no design or historical review boards.

Analysis associated with the California Environmental Quality Act (CEQA) can prolong project review, but many projects are eligible for urban infill exemption.

Building permits and the related reviews (energy, electrical, plumbing, mechanical, fire) are processed together. For a mid-size, uncomplicated project with complete drawings and other submittal requirements, it generally takes about six weeks to produce first comments and two to three weeks to respond to the developer’s response, for a total of two to three months, depending on the developer’s response time. Larger, more complex projects can take several additional months to receive building permits.

4.2.4.2 Time Between Entitlements and Building Permits
As shown in Table 4-10, between 2016 and 2020, the average number of days between an approval of entitlements and the submission of a building permit application for single-family projects was 182 and for multifamily projects was 426.

Table 4-10: Time Between Entitlements and Building Permits Single-Family Project Name Entitlement Approved Building Permit App Submitted # of Days 1056 45th Street, Unit C 2/25/2016 4/21/2016 56
5876 Beaudry Street 8/25/2016 10/13/2016 49
1271 64th Street 12/8/2016 12/7/2017 364
Oceanview Townhomes 7/24/2018 4/9/2019 259
Average # Days 182
Minimum # Days 48
Longest # Days 364
Multifamily Project Name Entitlement Approved Building Permit App Submitted # of Days The Intersection 8/22/2013 12/24/2013 124
Estrella Vista 1/22/2015 9/26/2016 613
Marketplace (C ) 5/28/2015 11/24/2015 180
Marketplace (D) 6/25/2015 11/13/2015 141
Bayview Emeryville 3/24/2016 7/9/2020 1568
Sherwin Williams (B1/B2) 2/22/2018 8/6/2018 165
Sherwin Williams (C/D) 2/22/2018 9/24/2018 214
Nellie Hannon Gateway 10/20/2020 11/30/2021 406
Average # Days 426
Minimum # Days 124
Longest # Days 1,568
Source: City of Emeryville, 2021
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As identified in Program NN, the City will continue to track residential development projects and make diligent efforts to contact applicants that have not pulled building permits or final maps have not been obtained to discover why units have not been constructed within 2 years.

4.2.4.3 Requests to Build at Lower Densities
As stated earlier, Emeryville has no low-density residential zones because there are no neighborhoods exclusively zoned for single-family housing, such as a residential low-density zoning district. Single-unit and two-unit residences are allowed by right in the RM zoning district but are not permitted in any other zoning district that allows residential uses. Requests from developers during the 5th cycle were consistent with these requirements.

4.2.4.4 Senate Bill 35 Approvals
SB 35 requires jurisdictions that have failed to meet their Regional Housing Needs Allocation (RHNA) to provide streamlined, ministerial entitlement process for housing developments that incorporate affordable housing. According to the California Department of Housing and Community Development’s “SB 35 Statewide Determination Summary,” released in June 2019, Emeryville is one of 213 jurisdictions subject to the streamlined ministerial approval process for proposed developments with at least 50- percent affordability.

As of October 2021, Emeryville has processed one project under SB 35 (San Pablo Affordable Apartments), permitting a 90-unit, 100-percent affordable housing project through a ministerial process.

To comply with the requirements of SB 35, the City will establish a written policy or procedure and other guidance as appropriate to promote the streamlining approval process and standards for eligible projects, as set forth under California Government Code Section 65913.4 (Program B).

4.2.4.5 Conditional Use Permits
CUPs provide flexibility and address complexities encountered with Emeryville’s infill development.

Because of the city’s unique land use history and its small size, projects often have to consider site irregularities, complex environmental conditions, and adjacent industrial or commercial land uses.

The City has a minor CUP to reduce costs and processing times for certain qualifying projects, such as conditionally permitted uses in existing buildings (except in RM zones) and the preservation and reuse of a significant or residential structure. The fee for a minor CUP is $575. If a major CUP is required because the project goes over base FAR, units per acre, or height bus is less than three residential units, then the project requires a deposit of $2,000. Larger projects require a $3,000 deposit and are charged on a cost recovery basis. The processing time, depending on the size and complexity of the project and environmental review, can range from two months for simple projects up to the better part of a year for complex projects requiring redesign and an environmental impact report.

City of Emeryville 2023-2031 Housing Element Public Review Draft Constraints 74
Municipal Code mandate that specific findings be made upon approval of a CUP. Emeryville’s findings, listed here, are based on standard findings provided by the state Office of Planning and Research:
• The proposed use is consistent with the General Plan. • The location, size, coverage, density, design, and operating characteristics of the proposed use will be compatible with, and will not adversely affect, the surrounding area, including neighborhood character, street design and capacity, safety, noise, and lighting. • The proposed use is consistent with the capability of the water supply, wastewater disposal, fire, and police systems to operate adequately and cost effectively. • The proposed use at its proposed location will provide a service or facility that will contribute to the general well-being of the surrounding neighborhood or community. • The proposed use complies with all applicable standards and requirements of the Municipal Code.

4.2.4.6 Design and Site Plan Review
The Municipal Code establishes a design review procedure for development proposals that involve construction or exterior alterations to ensure development is consistent with the Emeryville Design Guidelines and/or design guidelines in applicable area plans (North Hollis Area Urban Design Program, San Pablo Avenue Urban Design Plan, South Bayfront Design Guidelines, Park Avenue District Plan, and Shellmound Design Guidelines). Design review is a discretionary process, with minor design review projects processed administratively requiring approval by the Community Development Director and major design review projects requiring approval from the Planning Commission during a public hearing.

Single-unit and two-unit residential projects qualify for minor design review process and can be processed administratively. Any residential project that does not qualify for minor design review (or is exempt, such as ADUs) requires major design review and approval from the Planning Commission, such as new multi-unit residential projects. Design review applications are reviewed concurrently with any applicable use permit, variance, or Planned Unit Development (PUD) application.

The applicable review authority can approve, conditionally approve, or deny a design review project based on the following findings (applicable to both minor and major design review):

1. The design of the project is consistent with the General Plan, including, but not limited to, its urban design goals and policies.

2. The design of the project conforms to the Emeryville Design Guidelines and any other applicable design guidelines or criteria. If strict compliance with the provisions of such design guidelines or criteria is not achieved, the applicant must convincingly demonstrate that the intent of the guidelines or criteria is met.

3. The project is of a high design quality that is compatible with, and will not adversely affect, the surrounding area.

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For minor design review, the fee is $575. Major design review requires a $3,000 deposit and is charged on a cost recovery basis. For minor design review, the processing times generally range from 14 to 30 days. With larger projects that are more complex, processing times vary and can sometimes take up to a year.

In 2021, the City has begun reviewing the Emeryville Design Guidelines in an effort to create objective design and development standards for multifamily and residential mixed-use projects to comply with the requirements of the Housing Accountability Act, SB 330, and SB 35, as well as to resolve ambiguity in the Family Friendly Guidelines. (See Program C.)
The City conducts zoning compliance review for all construction and new uses to ensure they comply with applicable provisions of the Municipal Code. Zoning compliance review is a ministerial application required before the City can issue a design review permit or building permit. An approved zoning compliance review is required for ADUs and emergency shelters (where allowed by right). As this permit is ministerial, there are no associated findings for approval and conditions cannot be applied.

4.2.4.7 Building Code and Code Enforcement
The mission of the Emeryville Building Division is to provide information and assistance to those planning a construction project in Emeryville, as well as providing timely services for projects already under construction. Project design teams are encouraged to meet with the building official, the plan check engineer, and Fire Department staff in the early stages of the project to discuss significant code issues that will impact the project. By working out potential problems early, applicants can usually proceed more efficiently through the plan review stage of a project. On January 1, 2020, the 2019 California Building Code went into effect in California. The City of Emeryville has transitioned to this new code. Every three years, the State of California adopts new codes that contain the latest advances in construction practices and engineering concepts. The California Building Standards Commission adopts the California Building Codes based on “model” codes produced by professional organizations. Local agencies must adopt these codes, but may make amendments to address geological, climatic, or topographical conditions provided the modifications are no less restrictive than the state standards.

The Adopted Building Codes in effect January 1, 2020 as follows:
• 2019 California Building Code Part 2; Volume 1 and 2
• 2019 California Residential Code
• 2019 California Green Building Standards Code
• 2019 California Mechanical Code
• 2019 California Plumbing Code
• 2019 California Energy Code
• 2019 California Electrical Code
• 2019 California Fire Code
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The City of Emeryville adopted the 2019 California Building Code through two ordinances. The first repealed and replaced Chapter 1-10 of Title 8 of the Emeryville Municipal Code “Building Regulations”.

The amendments include Standards for Construction Fire Safety. The standards are intended to prescribe minimum safeguards for new building construction projects to provide safety from combustible materials. The Plumbing code was amended to require shut-off valves to decrease the chances of a fire or explosion in the event of earthquake. Similar code provisions have been adopted in the East Bay region. The second replaced and repealed Chapter 5 of the Title 4 of the Emeryville Municipal Code, “Fire Code”. The amendment requires an automatic fire extinguishing system such as sprinklers to all new structures (1) in all new structures that are at least 3,000 square feet in floor area, 35 feet in height, or three stories tall irrespective of height; (2) in all existing buildings of 3,000 square feet or more if the building is subdivided into multi-tenant spaces or condominiums, or there is a change in use or occupancy; and (3) in all renovated buildings or condominium units if the value of the improvements is equal to or greater than 50% of the replacement cost of the building or condominium unit. The City adopted a residential all-electric reach code for new construction that applies to residential buildings and residential occupancies in mixed-use construction. In addition, the City adopted a requirement that residential up to ten stories install solar panels on the entire “solar zone” as defined in Title 24 (the state code requires identifying the solar zone up to 10 stories but only requires installation up to three stories). No specific requirements for existing buildings or appliance types were made. All-electric construction has been shown to be cost-effective, and in most residential scenarios it is less expensive to construct than mixed-fuel. City staff have not received negative comments from developers or found any data suggesting that there is any delay associated with all-electric construction.

These local amendments have historically been adopted by the City of Emeryville. They are part of the current Emeryville Building Regulations and Fire Code.

The City has made some minor modifications to the building codes. Local amendments are minimal and related to safety procedures and energy savings. Such amendments may materially increase the cost of residential construction, however not significantly. Similar amendments have been adopted in jurisdictions throughout the county. The City has not imposed any building codes other than those mentioned previously. Therefore, the new building codes do not present a potential or actual constraint to the development, maintenance, and improvement of housing The code enforcement program focuses on enforcing ordinances and laws that require abatement to properties that are dangerous to the public or are a public nuisance. Building inspectors respond to complaints, issuing notices of violations and informing property owners about rehabilitation programs.

However, qualifying for assistance through the rehabilitation programs is based on the income of the owner. Building owners are given a reasonable period of time to correct code violations, and the buildings are reinspected. If violations are not corrected, the owners can be cited or nuisance abatement proceedings can be initiated.

In response to construction issues in large multifamily projects with modern design features, the Building Division now requires third-party testing at key stages in the development process. While this requirement adds to construction costs, it has already proven effective in preventing potentially significant issues that would later impact project owners and residents. While added costs may constrain City of Emeryville 2023-2031 Housing Element Public Review Draft Constraints 77
development, this has been determined to be an important and successful method for ensuring quality construction and creating longer-term stability in multifamily housing.

4.2.5 FEES AND EXACTIONS
The City charges planning and building fees and impact fees to cover staff costs and ensure new development contributes to the added costs of providing necessary services and amenities. Fee schedules are updated regularly and are in alignment with fees typical of jurisdictions in the East Bay.

The City’s planning fees are typically less than other jurisdictions in the East Bay. While the master fee schedule is posted annually on the City’s website, interested parties should contact City staff to confirm fee amounts. Program F commits the City to evaluating how it collects impact fees for new housing and modifying its practices as needed to ensure that smaller, more affordable units are not unfairly penalized with higher costs and that impact fees do not inadvertently incentivize larger, more expensive projects. The program also commits the City to complying with Assembly Bill (AB) 602’s transparency requirements.

Planning application fees are due at the time of filing. For cost recovery, a deposit is required up front and billings will be made as costs incur. Building permit and impact fees are collected in three phases.

Plan review fees and energy fees are due at plan check submittal. At the time the permits are issued, the following fees are due: building, electrical, plumbing, and mechanical permit fees, Fire Department fees, general plan maintenance fee, sewer connection fees, development impact fees, traffic impact fees, and school and public art fees. Any business license fee, as well as any remaining planning fee, are due with the final inspection.

The City collects planning and subdivision fees to cover the costs of providing community services. New housing typically requires payment of the following fees: school impact, sewer connection and, building permit. These fees comprise a significant part of housing costs in the City of Emeryville. In addition, subdivisions and multifamily projects may incur the cost of preparing environmental impact reports, traffic studies, soils reports, and filing fees for tentative and final maps. Such fees are typically based on the hourly rates of City employees or a hired consultant.

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Table 4-11: Planning and Application Fees
Planning and Subdivision Fees

ACTION CITY FEE ADDITIONAL INFORMATION/FEES
Environmental Review
Negative Declaration or Mitigated
Negative Declaration, including Initial
Study
At Cost, charged per formula1 Deposit full contract amount for environmental
consultant prior to start of work.

Environmental Impact Report, including
initial study if required
At Cost, charged per formula1 Deposit full contract amount for environmental consultant
prior to start of work.

Notice of Determination or Notice of
Exemption
$97
Negative Declaration $2,480.25
Environmental Impact Report $3,445.25
Construction Development Permits
Building Permit 0.80% of construction valuation2
Includes Sign and Demolition. $ 167 minimum Phased Construction Applicant requests to proceed with first Full permit fee, including all
permit types phase of construction
prior to issuance of all building
permits.) and plan check fees, plus
25%, due at issuance of first permit.

Permit Renewal $ 167 Expired Permits requiring 1 inspection for final
Temporary Occupancy Permit $254 Building/tenant space not classified for assembly use (new
Variances At Cost, charged per formula1 $1000 deposit
Conditional Use Permit
Major Conditional Use Permit – Flat Fee $575
Major Conditional Use Permits - Deposit
Residential, up to 3 units
At Cost, charged per formula1 $2,000 Deposit
Demolition of significant or residential
structure
At Cost, charged per formula1 $5,000 Deposit
All other At Cost, charged per formula1 $3,000 Deposit
Temporary Use Permits $575
General Plan Amendment At Cost, charged per formula1 $3,000 Deposit Rezoning At Cost, charged per formula1 $3,000 Deposit
Site Plan Review 65% of Building Permit Fee 50% of Building Permit Fee for Residential under $100,000.00:

Architectural Review
Planned Unit Development At Cost, charged per formula1 $5,000 Deposit Specific Plan
Development Agreement At Cost, charged per formula1 $3,000 Deposit City of Emeryville 2023-2031 Housing Element Public Review Draft Constraints 79
Planning and Subdivision Fees

ACTION CITY FEE ADDITIONAL INFORMATION/FEES
Subdivision
Major Subdivisions, including residential
condominium conversions
At Cost, charged per formula1 $3,000 Deposit plus cost of any technical assistance such as engineer's
review
Minor Subdivisions including residential
condominium conversions
$1,143
Lot Line Adjustments $1,143
Parcel Mergers $1,143
Certificate of Compliance $1,143
Impact Fees
Sewer Connection $1,499 Per single family dwelling equivalent3 All other Uses $298 Per plumbing Trap
Traffic Fees for Traffic Impact, Art in Public
Places, or Bay/Shellmound Assessment
District may apply4. For guidelines and
calculations of these fees, consult the
Building Division
Source: City of Emeryville Master Fee Schedule, 2021
1 Planning Staff charged at calculation of direct salary, fringe benefits plus 45.76% overhead rate Consultants charged at Cost plus 10% administrative fee
2 Construction valuation shall be determined by the Chief Building Official, and shall be based on the valuation declared by the applicant, or on the most recent “Building Cost Index” published by Engineering News Record and adjusted for the San Francisco Bay Area, whichever is higher
3 Single Family Dwelling Equivalent is defined in Emeryville Municipal Code Section 7- 8.305 as follows: "Each single-family living unit in a multiple-family dwelling, apartment house, condominium, or any other multiple-family structure shall be considered one (1) SFDE, except units which contain two (2) rooms or less or one (1) bedroom or less. Each living unit which contains one (1) bedroom or less or not more than two (2) rooms total shall be considered a one-half (1/2) SFDE 4 These fees have been established by and are collected on behalf of other departments or agencies, are listed here for reference only, and are subject to change. Please consult Building Division to determine current fees.

The City collects three development impact fees: Affordable Housing, Parking and Recreation Facilities, and Transportation Facilities. The fee amounts vary per use type and are calculated on either a per-unit basis, by square foot, or bed. In addition to the impact fees outlined in Table 4-11, Emeryville Unified School District assesses school impact fees for residential units that are 500 square feet or more at $4.08 per square foot and for live/work units at $2.37 per square foot.

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Table 4-12: Residential Development Impact Fees
Residential Use
Affordable
Housing
Park and
Recreational
Facility
Transportation
Facility
Total Impact Fees
Single Unit $0 $4,399 $2,950 $7,349 / dwelling unit
Two Unit and Multi Unit
Rental – Apartment $31,032 $4,236 $1,829 $37,097 / dwelling unit In Transit Hub Overlay $31,032 $4,236 $1,770 $37,038 / dwelling unit Owner – Condominium $0 $4,236 $1,532 $5,768 / dwelling unit In Transit Hub Overlay $0 $4,236 $1,476 $5,712 / dwelling unit Owner – Townhome $0 $4,339 $1,532 $5,931 / dwelling unit In Transit Hub Overlay $0 $4,339 $1,476 $5,875 / dwelling unit Domestic Violence Shelter $0 $1,657 $651 $2,308 / bed
Group Residential $0 $1,657 $651 $2,308 / bed
Mobile Home Park
Rental $31,032 $4,236 $1,829 $37,097 / dwelling unit
Owner $0 $4,339 $1,532 $5,931 / dwelling unit
Residential Care Facility $4.71 $6.40 $2.20 13.31 / square foot Supportive Housing $0 $1,657 $651 $2,308 / bed
Transitional Housing $0 $1,657 $651 $2,308 / bed
Live/Work Unit $4.71 $1.79 $1,917 $6.50 / square foot + $1917 / unit Emergency Shelters $0 $1,657 $651 $2,308 / bed
Source: City of Emeryville, 2021
Based on the fees outlined in Table 4-12, a 2,000-square-foot single-family home (single unit) would require development impact fees (inclusive of school fees) of $15,509. The estimated development impact fees for a rental 10-unit multifamily project (multi-unit) with 800-square-foot units would be $403,610 for the whole project ($40,361 per unit). The affordable housing impact fee has a significant impact on rental projects; a condominium multifamily project with 10 800-square-foot units would incur a total development impact fee of $90,320 ($9,032 per unit).

School facilities development fees are waived for developments that provide affordable housing setaside units. Additionally, to relieve any undue burden on developers who are required to provide moderate-income set-aside units under the Affordable Housing Set-Aside Program, the City of Emeryville may subsidize the cost of any traffic fees, building fees, and other City fees applicable to the set-aside units.

To illustrate the cumulative effect of fees on a project, four examples are provided in Table 3-13.

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Table 4-13: Sample Fee Scenarios
Apartments: 3900 Adeline 101 units
Construction Cost $22,065,943
Building Permit and Other Fees $1,040,679
Approximate Planning Fees $40,585
Total Fees $1,081,264
Total Fees per Unit $10,706
Construction Cost per Unit $218,475
Proportion of Fees to Development Costs 5%
Apartments: Ave at Bay Street – Parcel D 223 units
Construction Cost $55,890,683
Building Permit and Other Fees $3,228,168
Approximate Planning Fees $65,699
Total Fees $3,293,867
Total Fees per Unit $14,771
Construction Cost per Unit $250,631
Proportion of Fees to Development Costs 6%
Apartments: Estrella Vista 87 units
Construction Cost $44,394,026
Building Permit and Other Fees $1,947,069
Approximate Planning Fees $22,952
Total Fees $1,970,021
Total Fees per Unit $22,644
Construction Cost per Unit $510,276
Proportion of Fees to Development Costs 4%
Apartments: The Intersection 108 units
Construction Cost $20,759,614
Building Permit and Other Fees $1,114,674
Approximate Planning Fees $52,092
Total Fees $1,166,766
Total Fees per Unit $10,803
Construction Cost per Unit $192,219
Proportion of Fees to Development Costs 6%
Source: City of Emeryville, 2021
As indicated in these examples, planning and building fees are a small percentage of the total cost of developing housing in Emeryville.

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4.2.6 SITE IMPROVEMENT REQUIREMENTS
Because many sites are small and being reused, improvements consist of upgrading storm drains, and water and sewer lines if needed for intensification of use and placing utilities underground. The City uses standard conditions of approval that are applied to projects as warranted. Public improvements may also be required to improve the safety and livability of the city. These include curbs, gutters, and sidewalks, street trees, street reconstruction, bicycle facilities, traffic signals, utility lines, street furniture and park and greenway improvements.

4.2.7 LOCAL ORDINANCES
The City has an inclusionary housing ordinance and a short-term rental ordinance, which are not considered to be a constraints on housing. These are described herein. The City does not have any moratoriums on new housing.

4.2.7.1 Inclusionary Housing Ordinance
In 1990, the City of Emeryville adopted the Affordable Housing Set-Aside Ordinance (now referred to as the Affordable Housing Program), an inclusionary housing ordinance, which is part of the Emeryville Municipal Code. Previously, the Affordable Housing Program ordinance required that all projects with 30 or more units set aside 20 percent of inventory for affordable housing to moderate-income households, which was expanded to include very low-income households in June 2008. In 2014 the Ordinance was adopted and renamed the Affordable Housing Program (AHP). The Affordable Housing Program is implemented through the City of Emeryville Economic Development and Housing Division and currently requires the following inclusionary levels in residential developments:
• In ownership residential developments of 10 or more units, 20 percent of units must be set aside for and affordable to moderate-income households. The City imposes resale conditions for 45 years after recordation of each grant deed to keep units in the Affordable Housing Program and maintain affordability for moderate-income households. • New rental residential projects (both new construction and conversion) can either pay affordable housing impact fees to mitigate the project’s impact on the need for affordable housing in the city (see Table 3-8) or elect to provide 12 percent of dwelling units as on-site affordable rental units. Of the affordable rental units, 8 percent of units must be affordable to low-income households and 4 percent affordable to very low-income households. The affordable rental units will be provided for a minimum period of 55 years.

4.2.7.1.1 Production of Affordable Housing Under the Affordable Housing Program Ordinance
Much of the residential development built in Emeryville during the 1990s was the result of publicprivate partnerships between developers and the City through its former Redevelopment Agency. The agency provided financial assistance through its Low- and Moderate-Income Housing Fund for several residential projects developed by private, for-profit and nonprofit residential developers, and in one case, the Alameda County Housing Authority. Some of these developments did not exceed the 30-unit threshold in place during that time, while others provided a percentage of affordable units greater than City of Emeryville 2023-2031 Housing Element Public Review Draft Constraints 83
the inclusionary requirement by leveraging Agency assistance with other federal, state, and private sources.

BMR Units subject to the requirements of the Affordable Housing Program have been created through a variety of mechanisms between 2014 and 2022, including:
• 3900 Adeline, Parc on Powell and The Emery (currently under construction) were subject to the Affordable Housing Program Ordinance and added 33 very low-, 20 low, and 55 moderateincome units were added to the City’s affordable housing stock • Created voluntarily, Avalon Public Market and The Intersection added 25 low-income units and 18 moderate income units were added to the city’s affordable housing stock; • Created under the State Density Program, Bayview (currently under construction) added 11 very low-income units) to the city’s affordable housing stock; • Due to City-provided financial assistance at Emme, Estrella Vista, and Nellie Hannon Gateway (building permit pending), 150 very-low and 54 low-income units were added to the city’s affordable housing stock.

The inclusionary units provided through the Affordable Housing Program have helped the City address critical housing needs and are discussed further in Chapter Six. Given the significant amount of development in Emeryville over the past decade, it is clear that the ordinance has not acted as a constraint on housing development.

The City offers a number of options to mitigate potential hardships in complying with the Affordable Housing Program. These include:
• To avoid undue economic burden or cost to the applicant providing affordable units, the developer can apply for a density bonus to allow up to 50-percent density increase or apply for the community benefit bonus to increase the maximum FAR, height, and density, but not both, per Section 9-5.412.
• To mitigate the burden on developers providing affordable units, the City may subsidize the cost of traffic impact fees, building permit fees, and any other fees/exactions required, per Section 9-

5.414.
• If the developer can show economic hardship in providing affordable units, the developer can, with City approval, reduce the amenity level and square footage of the affordable units below that of the market-rate units, providing all units meet the applicable building and housing codes, per Section 9-5.413.
• The applicant may apply for a reduction, adjustment, or waiver of the Affordable Housing Program requirements if the applicant can demonstrate the requirements would result in unconstitutional taking of property or any other unconstitutional result, per Section 9-5.417. • The developer, with City approval, has the option of transferring credit for affordable units constructed at one location within the city to satisfy the ordinance requirement, per Section 9-

5.402(f).

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If a developer proceeds with an economic hardship claim, in practical terms the manner in which it is processed is the following: The developer is required to share its financial pro forma with City staff so that the City can review it to determine whether the AHP requirements make the project financially unviable. The developer is able to present this case to the City Council, which may take action to reduce the impacts of the ordinance through one of the measures cited previously.

The City Council has approved projects where a lesser inclusionary percentage was required in exchange for deeper affordability. In these cases, City staff worked with the developer to determine a cost-neutral point at which the provision of units at low- or very low-income levels, in lieu of moderate-income units, would not negatively impact the development costs.

In addition to the incentives and concessions outlined in the Affordable Housing Program directly, the City commits staff time and financial resources to facilitate implementation of the Affordable Housing Program in the following ways:
• Staff participates actively with the developers’ marketing and sales/leasing teams in crafting marketing plans for the below-market rate (BMR) units aimed at successfully leasing up or selling the BMR units.
• The City provides developers with its mailing list of over 7,000 people who have expressed interest in Emeryville housing to assist in marketing outreach. • The City participates in open houses and information workshops for prospective tenants and purchasers of BMR units within the developments.
• The City actively markets new BMR units (including serving as a distribution point for BMR unit applications) at the City Hall information area, the City’s website and social media platforms, and through citywide mailings.
• If the developer is unable to sell some or all of the BMR ownership units at the end of the marketing period, the City can purchase the units or allow the owner to sell the unit to an overincome household with an affordable resale requirement.

4.2.7.2 Short Term Rental Ordinance
The City adopted their short-term rental (STR) ordinance in 2017. These regulations can be found in Article 21 to Chapter 5, and Chapters 2, 3, and 7, of Title 9 of the Municipal Code regarding short-term rental of all or part of a dwelling. STR’s are permitted only in single-unit detached houses, and only as an accessory use for fewer than 30 days. The City found it necessary to establish such requirements to regulate STRs in the interest of public health, safety, and other impacts on land use and housing.

Regulations were put on STRs to address concerns on land use impacts that may results in loss of residential character and exacerbate the shortage of affordable housing stock within the city. Impacts of STR as it related to housing issues includes use of residential space for commercial use and reduction of housing supply driving up rents. The City will continue to monitor the impacts of STRs on long-term housing options.

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4.3 Environmental Considerations

4.3.1 HAZARDS
The sites in the Housing Element land inventory were screened for potential hazards, including Tsunamis, Liquefication, Sea Level Rise (SLR), Landslides and Floods (see Table 6-4). None of these potential hazards preclude development in Emeryville. More detailed information is provided in the Resources Section.

4.3.2 ENVIRONMENTAL REGULATIONS
Environmental review, in compliance with state and federal requirements, runs concurrent with other aspects of the local development approval process. Pursuant to CEQA, if a project has no significant impacts or the impacts can all be mitigated to a less-than-significant level, an initial study and mitigated negative declaration is adequate. This process usually takes two to three months. If the project has potentially unavoidable significant impacts, it requires an environmental impact report (EIR), which can take four to six months and sometimes longer. Use of an exemption for urban infill housing projects is often used to expedite environmental review if there are no identified impacts. As a small city, Emeryville’s environmental concerns are limited to a few areas. Landslides are not of concern because the entire city is on flat terrain. The city is not in a flood hazard zone, and seismicity issues are addressed by building codes. Sensitive biologic resources are confined to bayshore areas that are designated and zoned for parks and open space. Toxic contamination from previous industrial uses has been a key environmental concern. Noise is also a localized problem associated with the location of sensitive receptors relative to commercial and light industrial uses and the existence of freeways and a major rail line.

4.3.3 TOXIC CLEANUP
Site characterization, health risk assessment, and site remediation in accordance with state mandates can present major development expenses. The City has implemented and will continue to implement a Brownfield Program to use grant funds to clean up City-owned land and to distribute assessment and cleanup loans to private property owners. This program has been instrumental in expediting the cleanup of many sites and will remain important. (See Program S.)

4.3.4 NOISE
The I-80 and I-580 freeways and the Union Pacific and Amtrak rail facilities continue to be a major source of noise in the western and southern portions of Emeryville. With a growing residential population in a mixed-use environment, there is an increasing awareness of noise from nonresidential uses, including newer high-tech uses. The Emeryville Municipal Code prohibits excessive and annoying noises from all sources and limits the hours for construction and other noisy activities. However, some noises occur on a continual or continual but intermittent basis, such as freeway and train noise, and is emitted by mechanical equipment, such as heating and cooling facilities. The Conservation, Safety, and Noise Element of the General Plan contains policies and actions to address noise.

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4.3.5 INFRASTRUCTURE
Public facilities and infrastructure have a direct influence on a city’s ability to accommodate residential growth. As described in the Resources section, all sites in the inventory have access to facilities and infrastructure, including dry utilities. To comply with SB 1087, the City will immediately forward its adopted Housing Element to EBMUD so they can grant priority for water and sewer service allocations to proposed developments that include units affordable to lower-income households. (See Program N.)

4.3.5.1 Water Service
The East Bay Municipal Utility District (EBMUD) supplies water and provides wastewater treatment to areas of Alameda and Contra Costa counties, including Emeryville. EBMUD owns, operates, and maintains the water distribution system that brings Sierra Nevada snowmelt and seasonal runoff through a distribution and treatment system to Emeryville. Every 10 years, EBMUD performs a comprehensive demand projections study to understand water demand and supply projections for a 30- year horizon. The most recent update was completed in 2020 and projected demand and required supply through 2050. As reported in EBMUD’s 2020 Urban Water Management Plan, the water demand forecasting methodology relied on long-term planning documents approved and adopted by the local and regional land use agencies. Specifically, “Growth projections in EBMUD’s future water demand is a reflection of planned land-use changes and redevelopment projects forecasted by the local and regional land use agencies” (EBMUD Urban Water Management Plan, 2020). As demonstrated in the Urban Water Management Plan, EBMUD shows adequate capacity to accommodate demand through 2050 through a diversified and resilient portfolio that includes recycled water and conservation programs.

EBMUD’s Board of Directors approved Policy 3.07, which ensures that priority for new water service connections during restrictive periods is given to proposed developments within EBMUD’s existing service area that include housing units affordable to lower-income households in accordance with California Government Code Section 65589.7. Policy 3.07 also states that EBMUD will not deny an application for services to a proposed development that includes affordable housing unless certain specific conditions are met, which could include a water shortage emergency condition, or if EBMUD is subject to a compliance order by the Department of Public Health that prohibits new water connections.

As an older city, Emeryville has had a water supply system in place for many years. The former industrial users demanded large quantities of water to serve their businesses, so the system was built to accommodate large capacities. The system is regularly maintained and upgraded to serve densification.

Currently the water supply system has capacity for growth. Where there is insufficient localized capacity to serve proposed development, upgrades or installations are required as conditions of project approval.

4.3.5.2 Sewer Service
As reported in EBMUD’s 2020 Urban Water Management Plan, EBMUD’s wastewater service district (known as Special District No. 1, or SD-1) treats domestic, commercial, and industrial wastewater for several East Bay cities, including Emeryville. Each of these communities operates sewer collection systems that discharge into one of five EBMUD sewer interceptors. The City operates a municipal sanitary sewer collection system that conveys wastewater from Emeryville and portions of Oakland.

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Except for one pump station and a force main at the Emeryville Marina, the City of Emeryville’s collection system is generally a gravity-fed system, consisting of over 15 miles of sanitary sewer mains ranging in size from 6 to 30 inches. Additionally, the City’s collection system carries wastewater from approximately 11 miles of sanitary sewer collection system owned and maintained by the City of Oakland. Emeryville’s collection system is divided into five drainage basins, each of which connects to the EBMUD north sanitary sewer interceptor, which is generally located along the east side of Interstate

80. The EBMUD interceptor carries sewer flows from the East Bay communities’ collection systems to its wastewater treatment plant. The plant provides secondary treatment for a maximum flow of 168 million gallons per day (mgd). Primary treatment can be provided for up to a peak flow of 320 mgd. The average dry weather flow from 2010 to 2019 was approximately 54 MGD. The de-chlorinated wastewater is discharged through an outfall 1.2 miles off the East Bay shore into the San Francisco Bay. Solids are pumped to digesters for stabilization and are then dewatered and hauled offsite. Methane generated by the digesters is used to produce renewable energy. In addition to the main wastewater treatment plant, EBMUD operates three wet weather treatment facilities. These facilities were constructed in the late 1980s to handle all the wet weather flows generated from infiltration and inflow (I&I) into the satellite agencies’ collection systems. The volume of wet weather flow is generally as high as 15 times the average dry weather flow. During periods of wet weather, the wet weather facilities are designed to provide primary treatment to the wet weather sewage flow prior to discharge into San Francisco Bay.

4.3.5.3 Dry Utilities
Dry utilities are readily available throughout the city from the following companies:
• Cable: Xfinity, DISH Network, DIRECTV, AT&T, Sonic
• Phone: Xfinity, Verizon, AT&T
• Internet services: Xfinity, Verizon, AT&T

4.4 Non-Governmental (Market) Constraints
This section evaluates non-governmental factors that may impact the affordability and supply of housing.

4.4.1 MACROECONOMY
One constraint to housing construction that is frequently cited by economists and developers is the large gap between household income and housing costs. Many Emeryville residents on average earn wages that are perilously close to or well below the expected annual cost of living. The expected annual cost of living (including food, utilities, transportation, housing, healthcare, and miscellaneous expenses) for a married couple with children is $128,285 (www.zerodown.com, C2ER (Council for Community and Economic Research), accessed January 26, 2022). This does not include state or federal income tax. As of 2019, the median household income (for all household sizes) in Emeryville was $102,725 While Emeryville’s economy includes many well-paying jobs in technology and biotechnology, it also includes many low-paying jobs in retail, services, and tourism.

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4.4.2 PROPERTY OWNERS’ DECISIONS
The decision to develop a property remains with the property owner, though the City controls land use through zoning and related regulations. Private property owners can constrain the market when they wait to develop or sell their land in anticipation of an increase in value through market changes or upzoning. The City cannot require residential development on land permitted for other uses, unless an applicant wishes to use a housing density bonus. Several Programs are included to encourage property owners to develop their properties including Programs A, B, C, D, E, F, H, and L.

4.4.3 LAND COSTS AND AVAILABILITY
Factors affecting the costs of land include overall availability within a given subregion; environmental site conditions and constraints; public service and infrastructure availability; aesthetic considerations, such as views; the proximity to amenities; and parcel size. An online survey of available vacant land on Zillow.com, Redfin.com, and Landwatch.com completed in November 2021 did not identify any vacant parcels for sale in Emeryville. However, as shown in Table 4-14, the CoStar Group (a company that specializes in real estate data) tracks the sale of vacant (and nonvacant) parcels. The five vacant parcels in Table 4-14 were sold in 2020 and 2021. They have an average sales price of $16,765,191 per acre ($384.88 per square foot). Of the four apartment building sales in Table 4- 14, the average sale price was $2,162,500 with an average price per unit of $278,604. There is limited vacant land in Emeryville, land acquisition costs generally include the purchase of an existing commercial or residential structure. own in Table 4-14, several multifamily apartment buildings sold in 2020 and 2021.

Lack of available land (including vacant land and nonvacant land that is suitable for redevelopment) can act as a constraint on the development of housing. Land costs can act as a constraint on the development of housing if a prospective developer sees the land costs as an impediment to developing a profitable product. To address these constraints, the City has included Programs E and D.

4.4.4 HOME SALE COSTS
As demonstrated in the Housing Needs Assessment, the median home sales price of individual condominiums and townhomes in Emeryville in 2020 was $530,000 according to a real estate market report prepared by Caldecott Properties. A market analytics report from the Costar Group that was prepared in January 2022 also reported $530,000 as the market price for homes in the “Emeryville subregion” which includes Emeryville and some areas beyond its borders. As shown in Table 4-14, several condominiums sold in 2020 and 2021. Of the six condominium sales in Table 4-14, the average sale price was $683,833 with an average price per square foot of $456.17. To assist prospective homebuyers in making homeownership more affordable, the City will implement Programs I, M, and P.

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Table 4-14: Sample of Sales Comparables, 2020-2021
Type Address Size Price Price/Area
Year
Built
Apartments 1051 48th St 4 Units $1,495,000 $373,750/Unit 1956 Apartments 4327 Essex St. 5 Units $1,220,000 $244,000/Unit 1900 Apartments 1034 47th St. 15 Units $4,925,000 $328,333/Unit 1918 Apartments 1032 47th St 6 Units $1,010,000 $168,333/Unit 1909 Auto Repair 5315 San Pablo Ave 1,650 SF $480,000 $291/SF 1958 Distribution 1307 66th St 9,170 SF $3,600,000 $393/SF 2001 Flex/ Condo Industrial Condo, 4080 Watts St 4,200 SF $1,000,000 Condo Sale $238/SF 1959
Freestanding New Season's Market, 6201
Shellmound St 38,725 SF $13,914,367Part of Portfolio $359/SF 2017 Freestanding
The Public Market
5903-6005 Shellmound
Emeryville, CA 94608
135,197 SF $42,748,458
Part of Portfolio $316/SF 1988
Industrial/ Condo Bessler Building, 4053 Harlan St 1,742 SF $930,000 Condo Sale $534/SF 1945
Industrial/ Condo Flex Condo, 1175-1195 Park Ave 3,612 SF $985,000 Condo Sale $273/SF 1912
Land 1284-1302 67th St 0.912 AC $1,913,330
Part of Portfolio $2,097,565/AC -
Land Multi-Property Sale, 5900
Shelmound St 0.38 AC $10,787,093Part of Portfolio $28,386,744/AC - Land The Public Market, 5900
Shellmound St 1.64 AC $46,624,415Part of Portfolio $28,429,681/AC - Land Sherwin St 0.591 AC $13,500,000 $22,828,416/AC -
Land 1230 67th St 0.45 AC $937,596
Part of Portfolio $2,083,547/AC -
Loft/Creative Space 4070 Hubbard St 8,202 SF $2,775,000 $338/SF 1948 Manufacturing 6200 Hollis St 16,600 SF $4,200,000 $253/SF 1958 Office 6101 Christie Ave 15,290 SF $6,900,000 $451/SF 1948 Office 1255 Powell St. 10,077 SF $5,600,000 $556/SF 1983 Office Bldg B, 1480 64th St 90,594 SF $84,566,874
Part of Portfolio $933/SF 2002
Office/ Retail/ Condo 3801 San Pablo Ave 591 SF $318,000 Condo Sale $538/SF 2009
R&D Bldg A, 6401 Hollis St 137,102 SF $44,933,126
Part of Portfolio $328/SF 1945
Restaurant 9 Anchor Dr 11,006 SF $376,000 $34/SF 1973
Retail Condo 3996 San Pablo Ave 842 SF $365,000
Condo Sale $433/SF 2005
Retail Condo 1352-1366 Powell St 700 SF $505,000
Condo Sale $721/SF 2004
Showroom 1309 66th St 7,743 SF $1,825,000 $236/SF 1984
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Type Address Size Price Price/Area
Year
Built
Telecom Hotel/
Data Hosting 6440-6490 Bay St 11,264 SF $5,850,000 $519/SF 1960 Warehouse 5325-5333 Adeline St 14,044 SF $2,650,000 $189/SF 1959

4.4.5 CONSTRUCTION COSTS
Construction costs vary from site to site and may increase or decrease depending on project size, construction type (wood frame versus steel), the number of funding sources involved, developer capacity, and the level of amenities or services being provided in the development. Labor costs are also a significant factor and can be a financial constraint for a development project.

4.4.5.1 Multifamily Home Construction Costs
As shown in Table 3-16, based on four recent projects at various stages of planning or completion, average cost to construct multifamily housing in Emeryville (not including land costs) is estimated to be $437.50 per square foot in hard costs. The four representative projects include one completed in 2020, and as of August 2021, one under construction, one proposed, and one entitled.

These high costs can be viewed as a constraint to affordable housing development because the cost of the units far exceeds the revenue potential from the affordable units. As stated in Programs A, E, F, H, L, and W the City will work with affordable housing developers to identify and maximize available funding assistance programs.

4.4.6 AVAILABILITY OF FINANCING
The cost and availability of financing can impact a household’s ability to purchase a home or to perform necessary maintenance and repairs. As shown in Table 4-15, conventional mortgage loans for homes range between 2 and 4 percent for a standard fixed-rate loan with a 30-year term. In recent years, interest rates have decreased, reaching historic lows, but are starting to increase. Increases in interest rates can have a dramatic impact on housing affordability. For example, for a home loan for $200,000 and a 20-percent down payment ($40,000), the difference in the monthly payment between a 3.5- percent interest rate ($718) and a 4.5-percent interest rate ($811) is nearly $100. The difference paid over the life of the loan (assuming a 30-year, fixed-rate loan) exceeds $33,000. For a larger loan, the difference in monthly payments for loans with these interest rates would be even more pronounced.

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Interest rates are determined by national policies and economic conditions, and there is little that local governments can do to affect these rates. Jurisdictions can, however, offer interest rate write-downs to extend home purchase opportunities to lower-income households. In addition, government-insured loan programs may be available to reduce mortgage down-payment requirements. The City has committed to Programs I, J, and M to support homeownership, for households at Low- and ModerateIncome levels.

The cost and availability of financing from private and governmental sources can impact a developer’s ability to develop a multifamily project. Recently, the City provided financial assistance to these developments: Emme (resulted in 29 very-low income units), Estrella Vista (resulted in 70 very-low income units and 16 low-income units) and Nellie Hannon Gateway (Entitled) (will result in 51 very-low income units and 38 low income units). (See Program L, S.) Through Program D, the City will explore initiatives such as developing a loan program for homeowners to construct ADUs affordable to lower-income households.

Table 4-15: Mortgage Interest Rates

Interest Annual Percentage Rate
Conventional Loan
30-year fixed 2.875% 2.996%
15-year fixed 2.250% 2.398%
5-year Adjustable-Rate Mortgage 2.000% 2.537%
Federal Housing Administration Rates
30-year fixed 3.125% 4.184%
Veterans Loans
30-year fixed 2.250% 2.484%
Source: http://www.wellsfargo.com, 2021; http://www.usbank.com, 2021

4.4.7 IDENTIFYING AND MITIGATING NON-GOVERNMENTAL CONSTRAINTS As residential developments are approved by the City and building permits or final maps have not been obtained, the City will make diligent efforts to contact applicants to learn why units have not been constructed within two years after approval. If these impediments are due to nongovernmental constraints, such as accelerating construction costs, shortages of labor or materials, or rising interest rates, to the extent appropriate and legally possible, the City will seek to identify actions that may help to remove these constraints. In addition, the City will aim to work with stakeholders to identify nongovernmental constraints or other circumstances that may impede the construction of housing in Emeryville and work collaboratively to find strategies and actions that can eliminate or reduce identified constraints (Program NN).

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5. Assessment of Fair Housing
Assembly Bill (AB) 686 requires that all housing elements due on or after January 1, 2021, must contain an Assessment of Fair Housing (AFH) consistent with the core elements of the analysis required by the federal Affirmatively Furthering Fair Housing (AFFH) Final Rule of July 16, 2015.

Under California law, AFFH means “taking meaningful actions, in addition to combating discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics.” In order to comply with AB 686, the City of Emeryville (City) has completed the following outreach and analysis.

5.1 Outreach
At its core, community outreach helps a community function better and Emeryville wants to continue to be a community that functions for everyone. To ensure that the City included as many members as possible of the Emeryville community in the Housing Element process, the City reached out to a variety of housing service providers and the public to gain a better understanding of what their housing needs are and what Emeryville could do better to meet those needs in the future. The City will continue to: (1) ensure the voices of all members of the community, including those from underrepresented groups, are included in planning processes (Program EE); (2) that residents are educated and have a resource to assist them in addressing fair housing laws (Program DD); and (3) that all community members, especially those that are disadvantaged, have equal access to programs/services through targeted marketing (Program FF). Through implementation of this outreach strategy, the City believes it will ensure meaningful action is taken to achieve its Fair Housing Goal (H-4).

5.1.1 FAIR HOUSING PROVIDERS
As a part of the Housing Element outreach process, the City consulted multiple stakeholders to provide input on the Housing Element update. Various stakeholders that serve Emeryville residents were interviewed in a one-on-one virtual meeting or phone call from September 2021 to December 2021 to discuss the state of housing in Emeryville. Consultations included targeted outreach to fair housing providers serving the Emeryville area and surrounding jurisdictions. Findings related to fair housing are outlined below:

A fair housing provider communicated that their organization has received an increasing number of complaints from low and moderate-income homeowners, who are struggling to maintain and improve their older households. This fair housing provider believes that these issues occur due to financial institutions approving unrealistic mortgages, misrepresenting information to clients on financial documents, and refusing to lend capital to those with traditionally poor credit. Predatory lenders seek out low and moderate income- individuals and families, with the goal to become homeowners, and manipulate these vulnerable community members to signing unrealistic home loans. It was suggested that the City could strengthen its home repair programs, increase the amount of low interest rate housing loans and second structure loans, and direct financial institutions to expand the breadth and City of Emeryville 2023-2031 Housing Element Public Review Draft Assessment of Fair Housing 93
flexibility of criteria that allows traditionally bad credit borrowers to receive loans. The City has committed to expanding the Predatory Lending Prevention and Foreclosure Prevention Strategy (adopted in in 2007), which includes resident outreach, education, emergency mortgage assistance, and coordination with HUD-approved housing counseling agencies. The City intends to continue this program to protect vulnerable homeowners as an important strategy in the City’s anti-displacement efforts (Program J). The City will also continue to offer homeownership programs, including down payment assistance programs and Below Market Rate housing. The City is developing new guidelines for the down payment assistance program to improve participation in the program and is considering other actions and/or programs to support lower income households to successfully access homeownership opportunities (Programs M, and I).

A fair housing provider that was interviewed stated that disability related fair housing violations has grown to be the most common type of complaint that a fair housing organization receives though it may not be an accurate account of the fair housing violation discrimination cases occurring. A fair housing provider observed that disability related fair housing violations are typically clearer and more evident than discrimination from other protected classes (e.g., race, gender, and religion), which may be less overt. The most common fair housing related cases from the California Department of Fair Employment and Housing were related to disability. Discrimination against non-disability protected classes may be more difficult to recognize than disability cases because there may not be an immediately recognizable determination or action that showcases that a person is discriminating against a member of a protected class outside of a disability. For example, it may be easy to recognize when a reasonable accommodation request is denied. Even if disability related fair housing violations are not the most common type of fair housing complaint, all other complaints to the fair housing organization are still valid and should be addressed and investigated. Therefore, the City will continue to increase access to fair housing resources for residents, including offering home maintenance and fair housing education trainings for property owners (Program X and DD), creating a targeting marketing program for fair housing informational materials in neighborhoods with higher rates of poverty (such as the Triangle District and San Pablo Corridor) (Program FF), and develop a marketing program specifically for local resources and programs for persons with disabilities, including educational materials on reasonable accommodation, housing rights, and access to legal aid (Program O).

5.1.2 FAIR HOUSING SURVEY AND LIVE POLLING
The City asked the public to prioritize actions the City could commit to in its Affirmatively Furthering Fair Housing Program through surveys available on the City’s website and through live polling during two virtual presentations; more information on these questions can be found in Appendix B. There were two meetings (Housing Committee Meeting and Community Workshop) and one online survey. The two respective meetings occurred on July 7th, 2021 and February 23rd, 2022 and the survey was available on the City’s website from July to August 2021. Participants were asked to identify the most impactful actions in three categories: Housing Choice, Place-based Conservation and Revitalization, Displacement Prevention. The choices that participants were asked to consider were inspired by the list of suggested actions in HCD’s Guidance Memo (April 2021) for complying with AB 686.

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According to survey and workshop respondents, the three most impactful actions related to Housing Choice include a modification to the Below Market Rate (BMR) program, creation of an inclusionary housing program for BMR rental units in new rental developments, and the acquisition of additional affordable housing in mixed income developments. Several other actions were also considered impactful, though to a lesser impact, such as the development of a city-wide affordable rental registry and targeted mixed income strategies. The City will directly address the most impactful priorities through implementing actions to purchase BMR ownership units that are at risk of becoming marketrate units, (Program I), explore reestablish an inclusionary requirement for rental that will explore allowing a reduction in the inclusionary percentage requirement to support developing units with deeper affordability levels (Program A), and by providing financial incentive for the restriction of additional BMR rental units for special needs populations (Program K).

For Place-based Conservation and Revitalization, survey and workshop respondents highly favored actions that prioritized the targeted and intentional investment in areas most in need and address negative environmental, neighborhood, housing and health impacts associated with certain land uses.

Several other actions were considered highly impactful, including recruiting residents from concentrated poverty to serve on local government decision-making bodies and proactive code enforcement. This directly aligns with Policy H-4-6, which states that the City will maintain and enhance the quality of life within neighborhoods, including those identified as low resource and/or disadvantaged, by providing adequate maintenance to streets, sidewalks, parks and other community facilities. The City will address these priorities through implementation actions such as improving pedestrian, bicycle and mass transit access along 40th Street (Program II), ensuring that housing developments incorporate usable outdoor open space for multigenerational use (Program R), and by continuing to administer and promote the brownfields program, which provides low-interest loans and grants to remediate previously industrial or commercial sites and make them suitable for new uses, such as affordable housing (Program S).

To prevent displacement of existing residents from their homes and communities, participants believed that creating a rent review board and/or mediation program, foreclosure assistance, or multilingual tenant legal counseling services would be very impactful. Other highly impactful actions include implementing rent stabilization programs beyond what is required by California Civil Code 1946.2 and increased outreach in the existing multi-lingual tenant legal counseling program to advertise the availability of multiple languages. The City will address these priorities through the foreclosure assistance program (Program J), continuing to contract with a HUD-approved fair housing counseling organization and ensuring all marketing material for fair housing programs are provided in multiple languages (Program DD and FF), and by continue to partner with a 3rd party Housing Service Provider to advise residents and landlords on the requirements under the Tenant/Landlord Eviction and Harassment Ordinance (Program QQ).

5.2 Assessment of Fair Housing Issues
The California Government Code Section 65583 (10)(A)(ii) requires the City of Emeryville to analyze racially or ethnically concentrated areas of poverty, disparities in access to opportunity, and disproportionate housing needs, including displacement risk. Although this is the Housing Element for the City of Emeryville, Government Code Section 65583 (subds. (c)(9), (c)(10), 8899.50, subds. (a), (b), City of Emeryville 2023-2031 Housing Element Public Review Draft Assessment of Fair Housing 95
(c)) requires the City to address patterns locally and regionally to compare conditions at the local level to the rest of the region. To that end, the City follows HCD’s AFFH Guidelines and expands the analysis to include regional maps and data to analyze the differences between Emeryville and surrounding cities (Berkeley and Oakland), the East Bay Area, and the Bay Area region as a whole.

Since 2017, the California Tax Credit Allocation Committee (TCAC) and California Department of Housing and Community Development (HCD) have developed annual maps of access to resources such as highpaying job opportunities; proficient schools; safe and clean neighborhoods; and other healthy economic, social, and environmental indicators to provide evidence-based research for policy recommendations.

This effort has been dubbed “opportunity mapping” and is available to all jurisdictions to assess access to opportunities within their community.

The TCAC/HCD Opportunity Maps can help to identify areas within the community that provide good access to opportunity for residents or, conversely, provide low access to opportunity. The information from the opportunity mapping can help to highlight the need for housing element policies and programs that would help to remediate conditions in low-resource areas and areas of high segregation and poverty and to encourage better access for lower-income households and communities of color to housing in high-resource areas. TCAC/HCD categorized census tracts into high, moderate, or low resource areas based on a composite score of economic, educational, and environmental factors that can perpetuate poverty and segregation, such as school proficiency, median income, and median housing prices. The TCAC/HCD Opportunity Maps use a regional index score to determine categorization as high, moderate, and low resource. Emeryville falls within the Bay Area TCAC region, which includes all the Bay Area counties. Within the Bay Area, the top 40 percent of census tracts are either Highest or High resource and the remaining 60 percent of census tracts are evenly divided into Moderate and Low resource.
• Highest Resource: Top 20-percent highest-scoring census tracts in the region. Cities that are primarily designated “Highest resource” include Piedmont, Hillsborough, Mill Valley, and Lafayette.
o Indicates residents in these census tracts have access to the best outcomes in terms of health, economic attainment, and education attainment.
• High Resource: Top 20-percent highest-scoring census tracts in the region. Cities that are largely designated as “High resource” include Pleasanton, Clayton, and Berkeley. o Indicates residents in these census tracts have access to highly positive outcomes in terms of health, economic attainment, and education attainment. • Moderate Resource: Top 30 percent of remaining census tracts in the region. Cities that are largely designated as “Moderate resource” include Union City, Daly City, Brentwood, and Hercules.
o Indicates residents in these census tracts have access to either somewhat positive outcomes in terms of health, economic attainment, and education; or positive outcomes in a certain area (e.g., score high for health, education) but not all areas (e.g., may score poorly for economic attainment).

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o Moderate Resource (Rapidly Changing) is a filter applied to census tracts based on having index scores just below the High Resource threshold and also experiencing rapid increases in key dimensions of opportunity (housing price, median income, job proximity, etc.). • Low Resource: Bottom 30 percent of remaining census tracts in the region. Cities that are largely designated as “Low resource” include Richmond, Hayward, Vallejo, and Pittsburg. o Indicates residents in these census tracts could be experiencing a lack of access to positive environmental, economic, and education factors results in negative outcomes or perpetuated outcomes (such as perpetuated poverty).

According to the HCD/TCAC Opportunity Map (Figure 5-1), the City of Emeryville is considered moderate resource and low resource, with 53rd Street and the passenger (Amtrak) railroad lines serving a boundary between the city’s low-resource area to the southeast and the moderate-resource area to the northwest. While the majority of Emeryville’s households are renters, the low-resource area has the highest percentage of Housing Choice Voucher (HCV) use, accounting for 10 percent of occupied housing units as compared to about 6 percent in the moderate-resource area east of the Amtrak railroad lines and less than 2 percent in the moderate-resource area west of the railroad lines. The majority of the city’s 100% affordable housing was constructed in the last two decades and is concentrated along San Pablo Avenue, which runs north to south through the city’s low-resource area. It should be noted that this concentration occurred organically, as more sites of adequate sizes were available in that location at a time when funding for affordable housing was available. Transit availability helped ensure project funding for these affordable housing projects on separate applications.

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Figure 5-1: TCAC Opportunity Areas – Composite Score 2021 City of Emeryville 2023-2031 Housing Element Public Review Draft Assessment of Fair Housing 98
Emeryville’s low-resource area shares its border with the City of Oakland’s low-resource areas south of 52nd Street, whereas Emeryville’s moderate-resource areas border moderate-resource areas in north Oakland and south Berkeley, following a trend of increased opportunity moving northeast toward the Oakland/Berkeley Hills. For cities in the East Bay, the trends and factors that have resulted in these patterns of access to resources, and other fair housing issues, may have stemmed from historical development patterns.

5.3 Patterns of Integration and Segregation
To assess patterns of segregation and integration, the City analyzed six characteristics: historic segregation patterns, diversity, median income, poverty status, female-headed households, and persons with a disability as of 2019. This information is analyzed at the census tract level relying on American Community Survey (ACS) 2015-2019 data, except for the diversity map, which analyzes data at the block group level, the gentrification analysis, which relies on 2014-2018 ACS data, and displacement analysis, which is analyzed at the census tract level from 2000 to 2015. This information is displayed in Figures 5-2 through 5-8.

As a smaller city with a population of about 12,000, data trends relying on percentile changes can seem more drastic than in reality, due to changes in small numbers appearing more significant or representative when take out of context. These instances are documented as a part of the analysis.

5.3.1 HISTORIC SEGREGATION PATTERNS

5.3.1.1 Legacy of Redlining in the East Bay
In the early to mid-twentieth century, the Home Owners Loan Corporation (HOLC), a federal agency, rated Emeryville as “D,” indicating Emeryville was considered “Hazardous,” a discriminatory practice to guide investment referred to as redlining. The practice of redlining made it difficult for residents within those neighborhoods to get loans for homeownership or maintenance, resulting in cycles of disinvestment and preventing residents from building generational wealth. Within the East Bay, Emeryville was deemed hazardous (so named for the riskiness of investing within these neighborhoods) along with the areas of Oakland, Berkeley, Alameda, and San Leandro fronting the San Francisco Bay (Figure 5-2). The redlined neighborhoods were predominantly home to communities of color, and racial/ethnic demographics directly influenced the neighborhood rating. HOLC federal agents surveyed neighborhoods in Emeryville in 1937 and determined that the neighborhoods between Vallejo Street to the west and the railroad lines were impacted by “detrimental influences” largely attributed to negative environmental conditions from local industries, predominance of industry uses, and the quality of housing stock, as well as the in migration of minority groups (noting persons of Latin descent and Asians).2 HOLC federal agents roughly estimated in the HOLC Area Descriptions1that Emeryville’s population in these neighborhoods were 3-percent Black(about 75 persons) and 20-percent foreignborn (about 500 persons), including persons of Latin descent and an increasing Asian population. While the HOLC federal agents likely overestimated the number of Latin and Asian immigrants living in Emeryville (in 1950, census data for Emeryville only identifies 2.1 percent, or 60 individuals, as “Other 2 Robert K. Nelson, LaDale Winling, Richard Marciano, Nathan Connolly, et al.. (2022). Mapping Inequality: Redlining in New Deal America. https://dsl.richmond.edu/panorama/redlining/#loc=14/37.831/-122.303&city=oakland-ca&area=D6.

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Races,” as shown in Figure 5-2), the racial/ethnic demographics identified in Emeryville is similar to the racial/ethnic demographics identified in Area Descriptions for east Oakland and west Berkeley (also redlined areas). The East Bay’s Black population was largely concentrated in southwest Oakland, where the population was described as 40-percent Black and 20-percent immigrant (identified as Hispanic and Slavic by HOLC agents), among others, with growing immigrant Asian and Black populations. The neighborhoods in the Oakland/Berkeley Hills received high grades for “best” or “still desirable,” indicating these neighborhoods were the best areas and least risky for investment. In the north Oakland Hills and Piedmont, racially restrictive covenants were used in the neighborhoods to prevent communities of color homeownership opportunities, resulting in largely all-White neighborhoods.

Homeownership opportunities available to families of color, such as within Emeryville, would not appreciate in value in the same way that homes in white neighborhoods would, continuing the disparity of wealth and depressing investment in Emeryville neighborhoods. These practices persisted in the East Bay until passage of the Fair Housing Act of 1968 made government-sponsored redlining and racially restrictive covenants illegal.

5.3.1.2 History of Redevelopment
Despite a shared history of redlining, Emeryville’s development over the past 100 years differed from development patterns in surrounding East Bay cities due to a combination of the City’s small size and its predominantly industrial roots. Similar to the other East Bay cities lining the San Francisco Bay, Emeryville experienced intense growth starting in the 1960s. However, Emeryville’s residential growth relied on redeveloping previously industrial sites to allow for housing development to accommodate new growth. Prior to 1960, the majority of the City’s land area was utilized for industry and business, while the City’s residential neighborhoods were largely limited to the Triangle neighborhood east of San Pablo Avenue and the Doyle Street neighborhood (Figure 5-3). When efforts to fill in the Bay to support the City’s expansion were limited to developing the peninsula (Powell Street west of Interstate 580), Emeryville focused on industrial redevelopment, expanding residential development into the Bayfront and Central areas of Emeryville that were dedicated to industrial uses (Figure 5-3). The City converted industrial properties to residential through the aggressive use of remediation funding tools offered locally, by the State, and U.S. EPA, as well as conducting early brownfields assessment on sites citywide. The City substantially mitigated risks to individual developers from potential ground water contamination through deed restrictions prohibiting the use of groundwater, which led to voluntary cleanup actions by landowners, catalyzing further housing development.

Redevelopment projects facilitated through the former Emeryville Redevelopment Agency required set asides to include units affordable for moderate- and lower-income households, resulting in the introduction of mixed income communities in redeveloped areas. The former Emeryville Redevelopment Agency facilitated a major remediation of Bay Street, which is comprised of over 22 acres and resulted in 227market rate units and 57 below market units affordable to very low income. Along San Pablo Avenue, the City facilitated the development of 213 below market dwelling units and 99 market rate units using approximately $1.7 million in brownfield remediation and assessment funds in addition to assistance from local, state and federal resources. Emeryville’s policy to remove the responsibility of individual developers to remediate potential ground water contamination discussed previously allowed for the redevelopment of the former Sherwin Williams property and construction of 415 market rate City of Emeryville 2023-2031 Housing Element Public Review Draft Assessment of Fair Housing 100
and 85 below market rate housing units on 8 acres. To this day Emeryville relies on redevelopment to accommodate new housing for households at all income levels. Most recently, the City used a U.S. EPA Remediation grant to facilitate the development of the Estrella Vista project on San Pablo Avenue, serving 86 households with below market rate housing. These examples represent a total of 33 acres of revitalized former industrial properties converted to housing with adjacent amenities (Program S).

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Figure 5-2: Historic Redlining Map
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Figure 5-3: City Districts
City of Emeryville, 2009
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5.3.1.3 Gentrification and Displacement
The Urban Displacement Project identified neighborhoods in the East Bay that have experienced gentrification since 2000 as a part of their project to predict trends of gentrification and displacement based on community-engaged research process of market trends, housing, and jobs growth. The Urban Displacement Project defines gentrification as “a process of neighborhood change that includes economic change in a historically disinvested neighborhood — by means of real estate investment and new higher-income residents moving in — as well as demographic change — not only in terms of income level, but also in terms of changes in the education level or racial make-up of residents”.1 Renewed interest in city neighborhoods can lead to or accelerate the displacement of city residents, typically low-income communities of color, due to rising commercial and residential rents.

As of 2018, the Urban Displacement Project found that census tracts coinciding with moderate-resource areas in the TCAC/HCD Opportunity Map (bounded by the city limits to the north, east, and west and bounded by 53rd Street and the Amtrak railroad lines to the south) are in a stage of “Advanced Gentrification” which encompasses the Bayfront & Peninsula neighborhoods, North Hollis neighborhood, South Hollis neighborhood, and Doyle neighborhood. The advanced gentrification categorization is based on the following criteria developed by the Urban Displacement Project:
• Moderate, mixed moderate, mixed high, or high-income tract in 2018 • Housing affordable to middle, high, mixed moderate, and mixed high-income households in 2018
• Increase in housing costs since 2012
• Gentrified between 2000 and 2018
The factors identified by the Urban Displacement Project could result in displacement of lower income households and have disproportionately impacted the East Bay’s communities of color living in previously redlined neighborhoods. However, while gentrification has been well documented in the East Bay over the last two decades, Emeryville’s residential development, both historically and currently, expanded into areas of the city that were previously entirely industrial patterns, therefore it was unlikely to displace existing residents. As discussed, industrial redevelopment facilitated by the former Emeryville Redevelopment Agency, and later the Affordable Housing Ordinance, introduced mixedincome communities citywide, including in neighborhoods that fall within the area described by the Urban Displacement Project as in a state of Advanced Gentrification. Currently, these neighborhoods include the following housing developments with assisted units, providing a total of 286 units affordable to lower- and moderate-income households (approximately 50 percent of the total assisted units in Emeryville): Avalon Public Market, Avenue 64, Artistry (Archstone) Emeryville, Bay Street Apartments, The Courtyards, Icon at Park, Emme, Parc on Powell, and Ocean Avenue Court. Of the nine listed housing developments, only one is a 100-percent affordable project (Ocean Avenue Court), indicating that assisted units in these neighborhoods are integrated in developments with housing affordable to above moderate households. This suggests that Emeryville continues to support mixed-income neighborhoods through maintaining housing affordable to moderate- and lower-income households in addition to housing affordable to above moderate households.

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Providing affordable housing citywide, including areas described as being in a state of Advanced Gentrification, may have been significant contributor to preventing displacement in Emeryville. Based on ACS data, the percentage of persons living below the poverty line has not seen large fluctuations as Emeryville’s population has grown since 2012. Census tracts described as being in a state of Advanced Gentrification (Table 5-1) have either seen small changes in the percentage of individuals living below the poverty line (4251.01 and 4251.02) or have seen an increase in persons living below the poverty line (4251.03). While an increase in persons living below the poverty line may be indicative of pressures that can be attributed to redevelopment, such as rising housing costs, in Emeryville it does not appear to have had the effect of displacing lower-income households.

Table 5-1. Poverty Status in Emeryville, 2012-2019
Census
Tract Neighborhoods
Tract
Population
2012
Population
With An
Income
Below The
Poverty Line
Tract
Population
2014
Population
With An
Income
Below The
Poverty Line
Tract
Population
2019
Population
With An
Income
Below The
Poverty Line
Census Tracts within area of potential Advanced Gentrification 4251.01 Peninsula 1,664 9.3% 1,519 10.0% 1,659 11.0%
4251.02 Bayfront 2,427 13.8% 2,754 13.1% 3,906 11.8%
4251.03 North Hollis, South
Hollis, Doyle 2,588 6.7% 2,894 5.4% 2,795 10.3%
Census Tract Outside of area of potential Advanced Gentrification 4251.04
Park Avenue, East
Bay Bridge, San
Pablo Corridor
3,289 22.5% 3,318 17.9% 3,531 20.3%
Sources: American Community Survey 5-Year Data (2008-2012), (2010-2014), and (2015-2019) Emeryville has experienced a rise in housing costs, mirroring the rise in housing costs across the East Bay and Bay Area region as a whole. Chart 5-1 demonstrates the dramatic rise of home value in the Bay Area since 2000 as reported by the S&P/Case-Shiller CA-San Francisco Home Index Price,3where home value is quantified by the home price index, which measures the price changes of residential housing as a percentage from January 2000 (home price index of 100). Since 2012, the home price index has nearly tripled, indicative of a sharp increase that has outpaced the pace of income increase. 3 S&P Dow Jones Indices LLC, S&P/Case-Shiller CA-San Francisco Home Price Index [SFXRSA], retrieved from FRED, Federal Reserve Bank of St. Louis; https://fred.stlouisfed.org/series/SFXRSA, March 10, 2022.

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Chart 5-1. S&P/Case-Shiller CA-San Francisco Home Index Price, 2000-2022 Sources: FRED, Federal Reserve Bank of St. Louis 2022
However, the pace of house values in Emeryville has not seen the same rate of increase experienced by nearby cities. Based on data from the Zillow Home Value Index, which reflects the typical home value for “mid-tier” homes (following within the 35 to 65th percentile range), Emeryville offered more affordable housing opportunities than nearby cities in 2000, a trend that continues as of 2022 (Chart 5-2). Home values for mid-tier homes experienced a 256 percent increase in value from 2000 to 2022 and a 145 percent increase from 2012 to 2022. Comparatively, neighboring cities of Berkeley and Oakland experienced housing values increase by 306 and 318 percent since 2000 and 153 and 189 percent since 2012, respectively. Even cities of comparable size to Emeryville, such as Alameda and Albany, show a higher rate of increase in home value since 2000 and 2012; both Albany and Alameda saw housing prices increase by approximately 280 percent since 2000 and 160 percent since 2012. As described in the Housing Needs Assessment, Emeryville’s lower median sales prices are likely to due to smaller unit sizes. Most home sales in Emeryville are condominiums, where housing costs are reflected in monthly homeowner association dues, rather than sales price of individual units. Homeownership can stabilize monthly costs and protect vulnerable households against displacement. Housing in Emeryville may be affordable to some moderate-income households; however, lower-income households (earning up to 80 percent of the Area Median Income) would be unlikely to find homeownership opportunities in Emeryville.
2/1/2000, 104
1/1/2006, 217
4/1/2009, 120
3/1/2012, 129
9/1/2018, 269
12/1/2021, 349
0 50
100
150
200
250
300
350
400
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Home Price Index, Jan 2000 = 100
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Chart 5-2. Zillow Housing Value Index, 2000-2022
Sources: Zillow Research, Zillow.Com, 2022
Homeowners can also face displacement, particularly as demonstrated by the impacts of the subprime lending boom and subsequent foreclosure crisis that impacted lower income households in the Bay Area, disproportionately impacting communities of color. A 2015 case study produced by the Center for Community Innovation of Oakland neighborhoods surrounding the MacArthur Bart Station, including neighborhoods that border Emeryville along Adeline Street, found that between 2006 and 2014, approximately 2.3 percent of homes foreclosed. In the neighborhoods adjacent to Emeryville (between Adeline Street and Highway-24), approximately 2.5 percent of homes foreclosed. 4 These Oakland
neighborhoods have had historically high concentrations of African American households and correspond with trends nationally that find high-risk lending practices by banks and subsequent foreclosures disproportionately impact the African American community, ultimately leading to displacement and decreasing rates of homeownership among African American households.5In response to the Bay Area foreclosure crisis, Emeryville adopted an eight-point Predatory Lending Prevention and Foreclosure Prevention Strategy in 2007 to take a proactive approach to addressing the foreclosure crisis. This program includes resident outreach, education, and coordination with HUDapproved housing counseling agencies. The City intends to continue this program and expand it to include emergency mortgage assistance, which would also include assistance to prevent HOA’s from 4 Montojo, Nicole and Beki McElvain, Accessibility and Investment in North Oakland. (Center for Community Innovation, June 2015) https://www.urbandisplacement.org/wp-content/uploads/2021/08/macarthur_final.pdf 5 Housing and Economic Rights Advocates & California Investment Coalition. 2007. Foreclosed: The Burden of Homeownership Loss on City of Oakland and Alameda County Residents.
2/1/2000, $173,198 2/1/2012, $254,192
1/1/2022, $622,217
$0
$200,000
$400,000
$600,000
$800,000
$1,000,000
$1,200,000
$1,400,000
$1,600,000
$1,800,000
1/1/00
10/1/00
7/1/014/1/021/1/03
10/1/03
7/1/044/1/051/1/06
10/1/06
7/1/074/1/081/1/09
10/1/09
7/1/104/1/111/1/12
10/1/12
7/1/134/1/141/1/15
10/1/15
7/1/164/1/171/1/18
10/1/18
7/1/194/1/201/1/21
10/1/21
Emeryville Berkeley Albany Oakland Alameda
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foreclosing for past due HOA fees, to protect vulnerable homeowners as an important strategy in the City’s anti-displacement efforts (Program J).

Rising rental costs are often a primary contributor to displacement of lower income households in the wake of gentrification. Citywide, Emeryville has seen a 140.9 percent increase in median contract rent (agreed upon monthly rent) from 2000 to 2019. This exceeds the change in median contract rent countywide, which has seen a 116.5 percent increase since 2000. Table 5-2 shows that within Emeryville, changes in median contract rent vary across census tracts. The greatest change in median rent took place in census tracts containing the Bayfront neighborhoods, North Hollis neighborhood, South Hollis neighborhood, and Doyle neighborhood, which fall within the area identified by the Urban Displacement Project as in a state of “Advanced Gentrification.” In contrast, the Peninsula and Park Avenue, East Bay Bridge, San Pablo Corridor neighborhoods saw rent increases lower than the Alameda County Median. While these census tracts have seen the greatest change in median contract rent between 2000 and 2019, the City has noted that only the census tract containing the North Hollis, South Hollis and Doyle neighborhoods has seen changes in contract rent (44.5%) that exceed the changes found citywide (35.9%) and countywide (33.4%) between 2015 and 2019, which could indicate a slowdown in rising rental costs.

Table 5-2. Emeryville Median Contract Rent, 2000-2019
Census
Tract Neighborhoods 2000 2005 2010 2015 2019
Percent
Change
2000-2019
4251.01 Peninsula $953 $1,342 $1,362 $1,430 $1,847 93.8% 4251.02 Bayfront $953 $1,342 $1,608 $1,995 $2,474 159.6% 4251.03 North Hollis, South
Hollis, Doyle $953 $1,342 $1,451 $1,870 $2,702 183.5%
4251.04 Park Avenue, East Bay
Bridge, San Pablo
Corridor $953 $1,342 $1,068 $1,415 $1,885 97.8%
City Wide Median $953 $1,342 $1,377 $1,690 $2,296 140.9% Alameda County Median $784 $1,342 $1,108 $1,272 $1,697 116.5% Sources: ACS 2000, 5-year estimate 2006-2010, 5-year estimate 2011-2015, 5 year estimate 2015-2019. HUD 2005, Fair Market Rent
The Urban Displacement Project tracked the displacement of low-income households across Alameda County from 2000 to 2015, finding that East Bay cities lost low-income households while experiencing significant rises in rental prices. From 2000 to 2015, the Bay Area experienced a 30-percent tract-level increase in median rent paid that was associated with a 21-percent decrease in low-income households of color (the Urban Displacement Project did not find a similar relationship between rent increases and losses of low-income White households)6. Bay Area communities of color were the most vulnerable to rapid rent increases, ultimately resulting in shifts in the region’s racial/ethnic demographics and contributing to new concentrations of segregation and poverty in the region and in Alameda County 6 Verma, Phillip, Dan Rinzler, Miriam Zuk, et. al. “Rising Housing Costs and Resegregation in Alameda County” Urban Displacement Project, University of California, Berkeley. Accessed March 21, 2022. https://www.urbandisplacement.org/wpcontent/uploads/2021/08/alameda_final.pdf City of Emeryville 2023-2031 Housing Element Public Review Draft Assessment of Fair Housing 108
specifically. While many low-income movers elected to move elsewhere within Alameda County or the Bay Area region, approximately 4,418 Black people, 4,661 Hispanic people, and 3,680 Asian-American people moved out of state or out of the Bay Area region in 2015. Within the Bay Area region, Black, Asian, and Hispanic populations grew in San Leandro, Hayward, and unincorporated communities of southern Alameda County, contributing to what the Urban Displacement Project refers to as the “resegregation” of the Bay Area. The Urban Displacement Project identified that Emeryville’s population of lower-income Asian households (earning up to 80 percent of the area median income) increased by approximately 100 households that moved from another Bay Area jurisdiction. As shown in Table 5-3, between 2010 and 2019 Emeryville’s Asian population had the most significant increase, while the City’s Black population had a minimal increase but represents a smaller proportion of the City’s total population. Emeryville’s population of persons falling in the category of Other Races decreased by about 240 persons.

Throughout the past decade, the City has undertaken efforts to remediate the impacts of rising rental costs and established itself as a regional leader in tenant protections and anti-displacement actions.

Reporting by the San Francisco Chronicle in 2021 identified that the City’s efforts to adopt progressive housing legislation and eviction protections have worked to protect Emeryville’s marginalized communities, including a growing Black population.7In addition to a Density Bonus Ordinance (adopted 2013) and Inclusionary Zoning Ordinance (adopted 2014), the City adopted a Just Cause Eviction Ordinance the “Residential Landlord and Tenant Relations Ordinance” in 2017. The Residential Landlord and Tenant Relations Ordinance works to protect tenants from wrongful eviction by prohibiting harassment of residential tenants, requires tenants be provided with notices of tenant rights under the ordinance, as well as a mandate that landlords use a form notice of termination of tenancy and provide a copy of the completed notice and applicable rental agreement to the City. Other important measures the City has undertaken are as follows:
• Affordable Housing Impact Fee (adopted 2014)
• Condominium Conversion Regulation (adopted 2013)
• Foreclosure Assistance (adopted 2007)
To continue to protect Emeryville residents from potential displacement, particularly lower income residents and Emeryville’s communities of color, the City will implement Programs J, EE, PP, QQ and EE, which, among other actions, ensures the voice of low income residents and people of color are included in making housing policy recommendations, the tracking of race and ethnicity data for housing program participants, and being nimble in the evaluation and creation of incentives and policies to address trends that may lead to displacement in the future .

5.3.2 DIVERSITY
As discussed in the Housing Needs Assessment (Table 3-7), as of 2019 Whites comprise the largest racial group in Emeryville (40 percent of the total population), followed by Asians (28 percent), and Blacks (15 7 Phillips, Justin. Is Emeryville the Bay Area’s best hope for a Black resurgence? 2021. The San Francisco Chronicle. Accessed on March 21, 2022. https://www.sfchronicle.com/bayarea/justinphillips/article/Is-Emeryville-the-Bay-Area-s-best-hope-for-a16401754.php City of Emeryville 2023-2031 Housing Element Public Review Draft Assessment of Fair Housing 109
percent). When reviewing the location of predominant population shown in Figure 5-4, Emeryville’s neighborhoods within moderate-resource areas show concentrations of predominantly Asian and predominantly White neighborhoods. Asians are the predominant population in neighborhoods between the Amtrak railroad lines and Interstate 80 typified by high-density housing, including the Pacific Park Plaza high rises, and the area bounded by Hollis Street to the west, the city limits to the north, City Limits Circle and Vallejo Street to Peabody Lane, then Doyle Street to east, and Stanford Avenue to the south, also typified by high-density housing. As of 2019, Whites are the predominant population in the rest of Emeryville; however, the city’s oldest residential neighborhoods, including the moderate-resource neighborhoods between Doyle Street and Vallejo Street and the City’s low-resource area have the highest Black populations, comprising 26 percent and 21 percent of the total population each of these neighborhoods (defined by block groups), respectively. In total, this equates to approximately 823 Black individuals living in these neighborhoods based on the total Black population in 2019 shown in Table 5-3. The city’s older neighborhoods, built prior to 1970 while racially restrictive covenants in the East Bay were legal, are typified by single-family and medium-density residential. The block group with the next highest Black population is includes the North Bayfront neighborhood, where Black persons comprise 15 percent of the population (185 individuals). In all other block groups, the number of Black persons hovers around 100 total persons, comprising less than 10 percent of the block group population. Emeryville’s Hispanic population has remained representatively consistent; since 1980, Emeryville’s Hispanic population has continued to comprise slightly less than 10 percent of the City’s total population. Neighborhoods with Hispanic-majority populations are not located in Emeryville but directly south in Oakland around the Interstate 80 and 580 interchange, between 7th Street and Interstate 880, and in Berkley along Highway 13 between Sacramento Street and Martin Luther King Junior Way and along University Avenue between 6th Street and Highway 123.

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Table 5-3. Racial/Ethnic Population Trends, 1930-2019
1950 1960 1970 1980 1990 2000 2010 2019
White (NonHispanic)12,733
(94.6%)
2,160
(80.4%)
1,539
(57.4%)
2,166
(58.3%)
3,001
(52.3%)
3,096
(45.0%)
4,057
(40.2%)
4,794
(40.2%)
Black
96 (3.3%)
473
(17.6%)
1,004
(37.4%)
1,048
(28.2%)
1,325
(23.1%)
1,339
(19.5%)
1,733
(17.2%)
1,752
(14.7%)
Hispanic - - -
343
(9.2%)
488
(8.5%)
616
(9.0%)
927
(9.2%)
1,139
(9.5%)
Asian2- -
66 (2.5%)
307
(8.3%)
1,068
(18.65)
1,760
(25.6%)
2,775
(27.5%)
3,446
(29.0%)
American
Indian - -
37 (1.4%)
7 (0.2%)
33 (0.6%)
34 (0.5%)
19 (0.2%)
15 (0.1%)
Other Race3
60 (2.1%)
53 (2.0%)
35 (1.5%)
186
(5.0%)
313
(5.5%))
636
(9.3%)
991
(9.9%)
751
(6.3%)
Total
Population
2,889
(100%)
2,686
(100%)
2,681
(100%)
3,714
(100%)
5,740
(100%)
6,882
(100%)
10,080
(100%)
11,899
(100%)
Sources: ABAG/MTC Bay Area Census (US Census 1950, 1960, 1970, 1980, 1990, 2010), American Community Survey 5-Year Data (2015-2019)
Today, Emeryville does not contain any racially or ethnically concentrated areas of poverty (R/ECAPs), a designation developed by the Department of Housing and Urban Development (HUD) to identify areas in which 50 percent or more of the population identifies as non-White and 40 percent or more of the residents are living in poverty. However, census tracts in Oakland and San Leandro designated R/ECAPs either fall entirely within historically redlined neighborhoods or include historically redlined neighborhoods. These neighborhoods have predominantly Black population and at least 60 percent of households are renter-occupied housing units. With a couple exceptions, Oakland’s public housing units are primarily concentrated within Oakland’s R/ECAPs, resulting in assisted units being located in neighborhoods that have been historically disinvested and have a lack of resources. Nearby R/ECAPs in Berkeley largely did not coincide with historic redlined neighborhoods. The R/ECAPs in Berkeley include the University of California, Berkeley, campus and likely received the designation due to concentration of students.

Racially concentrated areas of affluence (RCAA) have persisted due to decades of focused investment, appreciated value of real estate, and wealth generation resulting from redlining practices and racially restrictive covenants. While RCAAs have not been officially defined by HUD, for the purposes of this analysis, census tract designated as RCAAs have 1.5 times the percentage of White population than the total White population in all census tracts in the ABAG region and earn a median income at least 1.25 times greater than the State AMI ($90,100), or $112,625. While Emeryville has White-majority neighborhoods, such as the Watergate Community and Emeryville Marina Park west of Interstate 80, the percentage of White persons does not exceed 1.5 times the average percentage of the total White population in the ABAG region and/or the annual median income does not exceed $112,625. The Berkeley/Oakland Hills in the Claremont and Rockridge neighborhoods and the City of Piedmont have maintained White populations of greater than 80 percent of the census tract population and have median incomes exceeding $112,625. That being said, the UC Merced Urban Policy Lab and ABAG/MTC City of Emeryville 2023-2031 Housing Element Public Review Draft Assessment of Fair Housing 111
Staff identified in the AFFH Segregation Report: Emeryville that as of 2020, the most isolated racial group in Emeryville are Whites. Emeryville’s isolation index of 0.369 for White residents means that the average White resident lives in a neighborhood that is 36.9 percent White. Other racial groups are less isolated, meaning they are more likely to encounter other racial groups in their neighborhoods: as of 2020, Blacks have an isolation index of 0.174, Asians/Pacific Islanders have an index of 0.333, Hispanics have an isolation index of 0.123. Further, UC Merced Urban Policy Lab and ABAG/MTC Staff found that when comparing segregation between racial populations in Emeryville, the White and Black populations have the highest level of segregation. Emeryville’s Black/White dissimilarity index of 0.186 means that

18.6% of Black (or white) residents would need to move to a different neighborhood to maximize integration between Black residents and white residents. However, this is much lower than the Bay Area average for segregation between White and Black populations, which received a dissimilarity index of

0.244, indicating that 24.4 percent of Black or White residents would need to move to create perfectly integrated neighborhoods between Black and White residents. Overall, the UC Merced Urban Policy Lab and ABAG/MTC Staff found that patterns of racial segregation in Emeryville is lower than the average for Bay Area jurisdictions, indicating that Emeryville enjoys higher levels of integration than in other Bay Area cities.

Current patterns of racial or ethnic concentrations in the East Bay neighborhoods surrounding Emeryville reinforce the legacy of redlining and racially restrictive covenants. As discussed, Whitemajority neighborhoods still persist in Piedmont and the Oakland/Berkeley Hills, while predominantly Black-majority neighborhoods are north and south of Emeryville city limits in neighboring Oakland. In contrast, Emeryville does not contain any racially or ethnically concentrations of poverty, nor racially concentrated areas of affluence, and Emeryville has higher levels of racial integration than most other Bay Area cities. To ensure that racial/ethnic background does not present a barrier to fair housing, the City will continue to partner with regional organizations to educate tenants, property managers, and real estate professionals about fair-housing regulations, serve to mediate/enforce with respect to fair housing issues and require developers to identify special outreach efforts to ensure underserved populations are made aware of affordable housing opportunities (Programs DD, P, and QQ).

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Figure 5-4: Predominant Population, 2019
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5.3.3 INCOME
Emeryville’s moderate-resource areas are associated with highly positive economic outcomes, suggesting residents within these neighborhoods face limited barriers for economic mobility (Figure 5- 5). The HCD/TCAC map measures access to positive economic outcome based on incidence of poverty, adult education attainment, adult employment, proximity to jobs, and median home value. The economic opportunity within Emeryville’s moderate-resource areas scores similarly to wealthy neighborhoods in Berkeley/Oakland Hills, which have benefitted from focused investment, appreciated value of real estate, and wealth generation resulting from redlining practices and racially restrictive covenants and contains census tracts designated as RCAAs. Emeryville has been able to achieve this level of economic opportunity in historically redlined areas, likely due to a combination of sustained progressive policies supporting economic growth while prioritizing the development of affordable housing, as previously described. As shown in Figure 5-6, within Emeryville, the moderate-resource areas contain census tracts with highest median incomes as of 2019. The area between Interstate 80 and Captain Drive has the highest median income ($158,194), followed by the area bounded by Hollis Street to the west, the city limits to the north, City Limits Circle and Vallejo Street to Peabody Lane, then Doyle Street to the east, and Stanford Avenue to the south ($141,364). While Emeryville’s moderateresource areas pose low barriers to positive economic outcomes similar to neighborhoods in Berkeley/Oakland Hills, the median income in the Berkeley/Oakland Hills typically exceeds Emeryville and is more similar to Contra Costa suburban cities of Orinda, Moraga, San Ramon, and Lafayette. This suggests these neighborhoods have been able to maintain lower income households, supporting the finding that displacement of lower income households has not been a significant factor in Emeryville.

The economic potential of Emeryville’s low-resource area south of 53rd Street closely reflects neighboring census tracts in Oakland and Berkeley flatlands, which were historically redlined areas. In particular, the median income in 2019 in Emeryville’s low-resource area is similar ($60,469) or slightly higher than neighboring census tracts in the Oakland and Berkeley flatlands. Emeryville’s low-resource areas also contain higher rates of poverty as compared to the moderate-resource areas (between 20 and 30 percent of the population, as shown in Figure 5-7). While representing a concentration of lower income households within the city, the percentage of persons experiencing poverty in this census tract are still less than nearby census tracts in Oakland that contain historically redlined neighborhoods.

Notably, the census tract containing a concentration of persons experiencing poverty in Emeryville was not a historically redlined neighborhood. Additionally, as previously discussed, this census tract contains a majority of the city’s affordable housing constructed in the last two decades, which may contribute to the concentration of persons experiencing in poverty in this census tract. The affordable housing projects located along San Pablo Avenue occurred organically due to the proximity to transit and social services, which allowed the projects to receive funding. To address barriers to economic mobility for lower-income residents in the City’s low-resource area, the City will prioritize place-based revitalization strategies within this census tract, or efforts that support economic development, community engagement in the planning process, workforce development, and youth engagement and educational programs. The City will implement Program GG, to target place-based revitalization efforts in areas of concentrated poverty, Additionally, the City will continue to support construction of high-density housing in areas with higher median income and greater access to opportunity to facilitate economic mobility for lower-income residents (A and G).

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Figure 5-5: HCD/TCAC Opportunity Map– Economic Domain
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Figure 5-6: Median Income, 2019
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Figure 5-7: Poverty Status, 2019
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5.3.4 FEMALE-HEADED HOUSEHOLDS
As discussed in the Housing Needs Assessment, Emeryville’s average household size in 2019 (1.81 persons) falls below the Alameda County and statewide average of 2.82 and 2.92, respectively, and the 25 to 34 age group comprises the largest percentage of Emeryville’s population (33 percent). Further, the persons aged 19 and younger only represent 9 percent of Emeryville’s population. Emeryville’s households are nearly evenly divided between family households (49 percent) and non-family households (52 percent); however, between 2010 and 2019, Emeryville’s non-family households grew by 25 percent, whereas family households only grew by 13 percent. Taken together, Emeryville’s population is largely young professionals without children. Housing opportunities within Emeryville, may primarily cater to non-family households, as evidenced by the significant portion of one-bedroom units (47 percent) and two-bedroom units (29 percent), compared to the units with 3 to 4 bedrooms (8 percent), as shown in Table 3-10 of the Housing Needs Assessment chapter of this Housing Element.

There are no housing units with five or more bedrooms.

As shown in Figure 5-8, female-headed, single-parent households reside in Emeryville’s low-resource area, where the percentage of female-headed households comprise between 40 and 60 percent of all households with children. The moderate-resource areas of Emeryville have lower incidences of femaleheaded households. Female-headed households, reliant on one income, tend to have a lower rate of home ownership and face additional difficulties securing housing. Female-headed households are more concentrated in low-resource areas in Oakland’s flatlands, particularly in West Oakland, where femaleheaded households comprise between 60 and 80 percent of all households with children. Femaleheaded households are less concentrated in Berkeley where housing likely caters to students and young professionals, similar to the moderate-resource areas of Emeryville. The Oakland/Berkeley Hills have less than 20 percent of households with children with single female householders, similar to the suburban cities in Contra Costa County, indicating that female-headed households with children have limited housing opportunities throughout the city, including in moderate and high-resource areas. To address the discrepancy the housing unit type needed by female-headed households and housing units delivered by the market, the City will continue to encourage the development of family-oriented affordable housing, such as providing incentives for including units with three or more bedrooms in affordable housing development projects, including access to usable outdoor open space, community rooms, and other child-friendly amenities (Program R).

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Figure 5-8: Familial Status, 2019
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5.3.5 PERSONS WITH A DISABILITY
According to the 2015-2019 ACS, approximately 10 percent of Emeryville’s population live with at least one disability, as discussed in the Housing Needs Assessment chapter of this Housing Element. Since 2014, the percentage of Emeryville’s population with disabilities has not changed significantly, including areas in which Emeryville’s population with a disability are concentrated. While still representing a relatively low percentage of the total population, Emeryville’s population with disabilities is slightly higher in the moderate-resource area west of Interstate 80 and in the low-resource area south of 53rd Street (persons with disabilities comprise between approximately 13.8 and 12.3 percent of the population of these areas respectively, compared to between 5 and 7 percent of the city, as shown in Figure 5-9). Ocean Avenue, a Housing Authority of the County of Alameda (HACA)-owned property funded through the HOME program, is the only permanent housing available exclusively for persons with disabilities in Emeryville. Ocean Avenue is in the moderate-resource area in northwest Emeryville and offers a total of six mobility-accessible units. Ocean Avenue tenants are responsible for the entire rent portion and will receive a utility allowance. As of October 2021, the waitlist for Ocean Avenue is open. Other permanent housing options are offered in Berkeley and Oakland; however, a majority of these developments are affordable senior housing projects that also allow physically disabled residents over the age of 18. While units are available to persons with a disability, they are not exclusively intended for persons with disabilities, creating competition between a limited number of mobilityaccessible units in the region. Emeryville’s senior housing apartments affordable to very low-income seniors, Emery Villa (50 units) and Avalon Senior Apartments (66 units), as well as market-rate senior housing, Watermark (125 units) are located within the city’s low-resource area. Despite this, all three senior housing developments are within a quarter-mile of grocery stores, the Emeryville Senior Center, and adjacent to public transit stops along San Pablo Avenue and 40th Street. A trip to the closest medical facility would take less than 10 minutes by car and about 25 minutes using public transit.

West Oakland has a higher percentage of persons with disabilities than Emeryville or Berkeley, particularly in neighborhoods along Broadway between 5th Street and Grand Avenue. This area coincides with a higher use of HCVs and the area between 14th Street and Grand Avenue is designated as an R/ECAP, indicating this area may offer more housing options affordable to persons with disabilities. Berkeley, Oakland, and Emeryville contain pockets of concentrated populations with disabilities; the percentage of the population of persons with disabilities increases outside of the East Bay, particularly within the Delta, including unincorporated parts of Solano County, San Joaquin County, and the city of Rio Vista.

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Figure 5-9: Population with a Disability, 2019
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5.4 Access to Opportunity
The TCAC/HCD Opportunity Area Map (Figure 5-1) has designated much of the city as Low and Moderate Resource. As will be discussed, the differences in the percentage of persons experiencing poverty across the city and the environmental conditions (consistent citywide) are significant contributing factors to the Low and Moderate Resource designations.

5.4.1 EDUCATIONAL OPPORTUNITIES
The Emery Unified School District (EUSD) serves the entirety of the City of Emeryville (as well as students residing outside of the city boundaries, which comprise a large proportion of the school district) and consists of two schools: Anna Yates Elementary and Emery High School. The schools share a campus just south of 53rd Street within the city’s low-resource area. As shown in Figure 5-10, the city received low scores for educational outcomes for students; in the low-resource area where the city’s schools are located, residents are expected to have the least positive outcomes for educational attainment. The TCAC/HCD Opportunity Maps base access to educational attainment on fourth-grade reading and math proficiency from the 2018-2019 school year, high school graduation rate, and prevalence of student poverty. The Oakland flatlands similarly received very low scores for access to educational attainment, whereas Berkeley, the Berkeley/Oakland Hills, Albany, and the suburban cities in Contra Costa County received very positive scores for educational attainment. School-aged children in Oakland and Emeryville are nearly twice as likely to live in poverty as school-aged children in Berkeley and Albany: 15 percent of school-aged children live in poverty in Emeryville and 17 percent of school-aged children live in poverty in Oakland while Berkeley and Albany have 7 percent and 5 percent of school-aged children living in poverty, respectively. Instability arising from poverty, including housing instability and food security, among others, can in turn affect school performance. Each year, the California Department of Education publishes performance metrics for each school in the state, including student assessment results for English Language Arts and Mathematics as they compare to the state on meeting grade-level standards. Reporting of educational indicators was suspended in 2020 due to the COVID-19 pandemic; therefore, 2019 is the most recent data available. In the 2019 school year, over 80 percent of Emery Unified School District students qualified as socially disadvantaged, measured by the number of students who are eligible for free or reduced-priced meals or have parents/guardians who did not receive a high school diploma. Socially disadvantaged students correlated with higher rates of chronic absenteeism, with 22 percent of socially disadvantaged students absent at least 10 percent of instructional days since enrollment. Additionally, a majority of the class of 2019, 2018, and 2017 ranked as ‘Not Prepared’ for college or career, and only 22 percent of 2019 socially disadvantaged graduating seniors were ranked as “Prepared.”
As all students in Emeryville have access to the same public schools, any differences in observed educational attainment may be due to differing poverty levels and/or other factors and not access to schools. Addressing housing instability for families with children living in poverty may improve educational opportunities for all students, and particularly students residing in low-resource areas.

Emeryville will meet annually with EUSD to determine what, if any, outside factors impede school performance that can be alleviated, such as housing stable housing opportunities, childcare opportunities for working parent(s)/guardian(s), and/or others (Program HH). In addition, several programs are included that are intended to improve housing stability for extremely low income City of Emeryville 2023-2031 Housing Element Public Review Draft Assessment of Fair Housing 122
households and households with children, including increasing housing opportunity for extremely lowincome households (Programs CC and L and Program R to support the development of affordable housing units with three or more bedrooms.

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Figure 5-10: TCAC/HCD Opportunity Map – Education Domain City of Emeryville 2023-2031 Housing Element Public Review Draft Assessment of Fair Housing 124

5.4.2 EMPLOYMENT OPPORTUNITIES
As shown in Figure 5-5, Emeryville’s moderate-resource areas are associated with highly positive economic outcomes, indicating few barriers to access economic mobility, and the City’s low-resource areas are also associated with positive economic outcomes, albeit lower than the moderate resource areas. As discussed, of the measures TCAC/HCD uses to assume access to economic opportunity (measures access to positive economic outcome based on incidence of poverty, adult education attainment, adult employment, proximity to jobs, and median home value), prevalence of poverty is the most significant difference between low and moderate resource areas in Emeryville. Notably, low-wage workers across Emeryville, including the city’s low-resource areas, benefit from close job proximity based on HUD’s job proximity index for 2014-2017, which calculates scores based on the number of jobs filled by workers with less than a bachelor’s degree that fall within a typical commute distance in the region. Access to jobs available to low-wage workers is highest in formerly redlined areas of the East Bay, including the flatlands in Berkley and West Oakland and deceases moving east toward the Berkeley/Oakland Hills and Contra Costa County and south toward Hayward, which exhibits very poor access to jobs for low-wage workers. Emeryville is situated within significant job centers for start-ups and technology companies in the flatlands of the East Bay, as well as provides convenient access to San Francisco both by car and public transit. The mean commute time for Emeryville residents in 2019 was

34.8 minutes, which exceeds the national average (26.9 minutes) but was similar to the Alameda County average (34.3 minutes). Over a quarter of Emeryville residents use public transportation to commute, exceeding the county, where only 16 percent of commuters use public transportation and 70 percent use a car, truck, or van. In Hayward, which features poor access to jobs, over 80 percent of commuters rely on personal vehicles (car, truck, or van) and less than 10 percent of commuters use public transit.

The City has a strong history of progressive economic policies; significantly, in 2021, Emeryville led the nation with the highest minimum wage requirement ($16.84),8 which increased to above $17 an hour in 2022. The City will continue to develop strategies to expand low-barrier, low-skill job opportunities within the city, which may include reviewing Planning Regulations to alleviate constraints on small businesses, such as acquiring home occupation permits and business licenses, and seeking partnerships with community-based partners who provide job-readiness training (Program GG).

5.4.3 MOBILITY
Emeryville residents have access to a variety of public transit options providing convenient connection within the city and across the Bay Area region. The Emery Go-Round is a free bus shuttle service connecting Emeryville’s employers and shopping centers with the Bay Area Rapid Transit (BART), seven days a week. Emery Go Round offers two separate lines connecting to the MacArthur BART Station in Oakland, one providing north-south connection to Berkeley via Hollis Street and the other providing north-south connection within Emeryville via Shellmound Street/Powell Street. The MacArthur BART station is the closest BART station to Emeryville and provides rail access connecting the East Bay from Richmond to San Jose, the San Francisco International Airport to Antioch. Emery Go-Round stops align 8 Desilver, Drew. When It Comes To Raising The Minimum Wage, Most Of The Action Is In The Cities And States, Not Congress. 2021. Pew Research Center. Accessed March 23, 2022. https://www.pewresearch.org/fact-tank/2021/03/12/when-it-comesto-raising-the-minimum-wage-most-of-the-action-is-in-cities-and-states-not-congress/ City of Emeryville 2023-2031 Housing Element Public Review Draft Assessment of Fair Housing 125
with job centers (e.g., Pixar), essentials (e.g., grocery stores), and public transit connections (e.g., Amtrak). The Hollis Street line routes run through the City’s low-resource areas, providing frequent, free access to transit for lower-income residents who may be reliant on public transit for mobility. During the weekdays, buses run from around 6 a.m. to 9 p.m. and arrive at stops at 15-minute intervals. On weekends, Shellmound Street/Powell Street runs with reduced hours (8 or 9 a.m. to 9 p.m.) and arrive at stops at 20-minute intervals.

Alameda County Transit (AC Transit) provides transit throughout Alameda County, as well as commuter lines to the greater Bay Area region, such as San Francisco. AC Transit offers six local lines providing connection within Emeryville and connecting Emeryville to Berkeley, Oakland, Albany, El Cerrito, San Pablo, and Richmond. These lines frequent stops at 30-minute intervals and cost $2.25 for a local single fare. Five of the six routes (27, 57, 72, 72M, and 72R) have stops along 40th Street, Hollis Street, and/or San Pablo Street, providing residents of Emeryville’s low-resource areas convenient access to transit.

Two transbay routes connect Emeryville to San Francisco, including a route that provides connection through Emeryville’s low-resource area via 40th Street. Fare for transbay routes costs $6.00 per single ride. Students, youth, seniors, and persons with disabilities can qualify for discounted fare.

The City of Emeryville offers numerous paratransit options for seniors and persons with disabilities as an alternative to the standard public transit lines through the Emeryville Senior Center. Emeryville’s 8-ToGo is a door-to-door shuttle service that provides qualifying passengers with reliable transit within Emeryville and destinations just outside of the city, including MacArthur BART, Herrick Hospital, Kaiser Oakland, and the Pill Hill hospitals and medical clinics. Service hours for the 8-To-Go are generally from 9 a.m.-12:30 p.m. and 1:30 p.m.-5 p.m. every weekday with a standard fare of one dollar per ride. The Emeryville Senior Center also offers passes to East Bay Paratransit service at a discount for qualifying Emeryville residents. Established by AC Transit, East Bay Paratransit transports riders from their origin to their destination in vans equipped with a wheelchair lift, offering a wider range of service than Emeryville’s 8-To-Go door-to-door shuttle. Fares typically range from $4.00 for a trip up to 12 miles and $7.00 for a trip that is 20 miles or more. Finally, the Emeryville Senior Center offers reimbursement program to Emeryville residents 70 years and older, including ride-share transit as well as taxis.

Qualifying residents will be reimbursed up to 90 percent of their transit rides every three months.

Emeryville continues to build on its success in providing multimodal, convenient public transportation by continuing to implement the City’s Pedestrian and Bicycle Plan (adopted in 2012) (Program II) and work with the Cities of Berkeley and Oakland to implement strategies identified in the Emeryville-BerkeleyOakland Transit Study (EBOTS) to improve multimodal transportation access for Emeryville residents (Program II and W). A significant strategy identified in EBOTS plan that is included in as program in the Housing Element is to improve bus stops along San Pablo Avenue and 40th Street, which fall within the City’s low resource area. Improvements can include installing shelters, real-time arrival displays and improved informational and wayfinding signage (Program II).

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5.4.4 HOUSING FOR PERSONS WITH DISABILITIES
As discussed previously, there are a number of housing options available to lower-income persons with disabilities in Emeryville: the HACA-managed Ocean Avenue (6 Units) and two affordable senior apartments, Emery Villa (50 units) and Avalon Senior Apartments (66 units). Additionally, there are four licensed adult residential care facilities for persons recovering from traumatic brain injuries at the Centre for Neuro Skills and one residential care facility for the elderly (Watermark, which offers 125 market-rate units). The City also requires new developments to comply with Title 24 of the 2019 California Building Code to ensure that all new construction meets accessible design standards, thus ensuring that all new housing is accessible for all residents regardless of disability. Additionally, the City ensures that older housing that may not meet the same accessibility requirements can be adapted as needed through their reasonable accommodation process, discussed in the Governmental Constraints section of this Housing Element. The City will develop a marketing plan to promote local resources and programs for persons with disabilities, including educational materials on reasonable accommodation, housing rights, and access to legal aid. (Program O).

Participants of the community surveys and live polling during a community workshop identified that supporting affordable and senior housing developers was the most important housing objective for the City (See Appendix B). Participants strongly felt that the City should assist with securing state or federal funding for projects for seniors, affordable housing, supportive housing, transitional housing, and/or emergency shelters (Table B-10). The City directly addresses this objective to continue supporting the development of affordable housing for special needs groups, including seniors and persons with disabilities, through Program O, and QQ.

5.4.5 ENVIRONMENTAL HEALTH
In February 2021, the California Office for Environmental Health Hazard Assessment (COEHHA) released the fourth version of CalEnviroScreen, a tool that uses environmental, health, and socioeconomic indicators to map and compare community’s environmental scores. A community with a score in the 75th percentile or above is one with higher levels of pollution and other negative environmental indicators and is considered a disadvantaged community. According to the CalEnviroScreen, there are no disadvantaged communities in the City of Emeryville, a positive anomaly compared to the other historically redlined areas in the Oakland flatlands, as well as Richmond and northwest San Leandro. In Emeryville, the area west of Interstate 80 is in the highest percentile in the city (65th percentile), followed by the low-resource area south of 53rd Street (59th percentile). The moderate-resource areas east of the Amtrak rail lines received the lowest score (43rd percentile), indicating that residents within this area are the least likely to have health problems resulting from poor environmental conditions.

However, the Berkeley/Oakland Hills and suburban cities of Contra Costa County received the lowest scores in the region (less than 10th percentile). These areas were historically considered desirable partially due to distance for harbors and industry along the San Francisco Bay and the resulting poor environmental conditions. Residents in these regions continue to benefit from the racially restrictive covenants and focused investment in the development of parks, tree-lined streets, low-density residential with significant yard space, and preservation of open space. In addition to a historic redlining practices and proximity to harbor industries along the bay, three major freeways (Interstate 80, Interstate 580, and Interstate 880), as well as BART and Amtrak passenger rail lines, continue to impact City of Emeryville 2023-2031 Housing Element Public Review Draft Assessment of Fair Housing 127
residents of Emeryville, Berkeley, and Oakland flatlands. Predominantly Black and Hispanic neighborhoods in west Oakland are still bisected by the freeways and rail lines, contributing to the poor environmental conditions of these areas.

As discussed, the City’s redevelopment efforts resulted in significant remediation in previously industrialized areas, allowing for housing development. While this often presents major development expenses, the City’s Brownfield Program uses grant funds to clean-up city-owned land and distributes assessment and clean up loans to private property owners. This program has been instrumental in expediting the clean-up of many sites for safe and habitable environment for housing development. As described in Appendix B, Emeryville residents continue to prioritize addressing negative environmental conditions as a place-based revitalization strategy; survey and live polling participants overwhelmingly expressed the importance of addressing negative environmental, neighborhood, housing and health impacts associated with industrial uses, waste storage, and freeways in disadvantaged communities. The City will directly address this priority by implementing Program S to continue offering loans and grants through the Assessment Loan and Clean-Up Loan programs and Program R to review open space requirements for new developments to ensure that all residents have access to healthy outdoor spaces.

5.5 Disproportionate Housing Need and Displacement Risk

5.5.1 OVERCROWDING AND OVERPAYMENT
As discussed in the Housing Needs Assessment chapter of this Housing Element, overcrowding is not a significant issue in Emeryville, likely due to the majority of non-family households and prevalence of one- to two-bedroom housing units. While incidences of overcrowding are higher for renting households as compared to owner-occupied households, only nine percent of renters in Emeryville experience overcrowding. Despite this, Emeryville will commit to providing a variety of affordable housing types, including units with three or more bedrooms, to ensure availability of housing types does not prevent larger households from living in Emeryville (Program R). In contrast to the relatively low rate of overcrowding in Emeryville, East Oakland households experience higher rates of overcrowding and severe overcrowding, and West Oakland and Berkeley households experience lower rates of overcrowding and even lower rates of severe overcrowding. While this trend is not reflected in Emeryville, regionally higher rates of overcrowding typically correspond with neighborhoods, blocks, or tracts with higher rates of poverty. In the ABAG region, overcrowding primarily occurs in dense, urban communities adjacent to the bay, and suburban communities have lower rates of overcrowding.

Overpayment, or cost burden, is a widespread issue in Emeryville, with over a third of all households paying in excess of 37 percent of monthly income to housing (Table 3-24). This issue is more prominent among renting households than owner households, with approximately 42 percent of renter households overpaying for housing as compared to 29 percent of owner households. As discussed in the analysis of gentrification and displacement, overpayment across the East Bay is a significant contributor to displacement of lower-income households, particularly communities of color, from the region.

Overpayment by renters is most significant in areas highly impacted by gentrification, as observed in Berkeley and East Oakland where between 60 and 80 percent of renter households are cost burdened (Figure 5-11). Within Emeryville, lower-income households are the most likely to be cost burdened, with 74 percent of low-income households cost burdened. Approximately 39 percent of low-income City of Emeryville 2023-2031 Housing Element Public Review Draft Assessment of Fair Housing 128
households and a majority of very low-income households are severely cost burdened, paying in excess of 50 percent of monthly income to housing costs. Table 5-2 shows that within Emeryville, changes in median contract rent vary across census tracts. The greatest change in median rent took place in census tracts containing the Bayfront neighborhoods, North Hollis neighborhood, South Hollis neighborhood, and Doyle neighborhood. As discussed in the Housing Needs Assessment, market-rate housing prices are unaffordable to lower-income households. As described in Appendix B, Emeryville residents echoed this need by prioritizing housing choice efforts to expand lower income housing; survey participants felt that improving the existing BMR program for ownership units and expanding the BMR Rental program for deeper levels of affordability would make the most impact on improving housing choice. Several other actions were also considered highly impactful, including acquisition of additional affordable housing units in mixed income developments, city-wide affordable rental registries and targeted mixed income strategies. Further, participants identified that creating a rent review board and/or mediation program, foreclosure assistance, or multilingual tenant legal counseling services would be most impactful to mitigate risk for displacement. The City will directly address these priorities through implementing actions to expand rates of homeownership through the BMR Program (Program I and M), acquire/develop additional rental units to be set aside for very low- to moderate-income households (Program G, H, K and Y), and develop anti-displacement programs such as a foreclosure assistance program and multilingual tenant legal counseling services targeted toward lower income households and those residing in low resource areas (Program J, DD, and QQ).

5.5.2 HOUSING CONDITION
Housing condition presents another issue in that may increase displacement risk for residents. As described in the Housing Needs Assessment, code inspection efforts over the prior planning period have resulted in housing repairs and the conservation of housing. The Building Department inspected over 500 single-family and multifamily homes in 2021 and estimated that 2 percent (or 11 residencies) were identified to need maintenance or repairs. The Triangle neighborhood had the highest number and percentage of minor, low repair or maintenance issues including the greatest number of roof issues. As the Triangle District was established prior to 1960 and contains some of the City’s oldest residential neighborhoods, housing in this neighborhood is likely to exceed 60 years of age.

As discussed in Appendix B, Emeryville residents largely do not experience substandard housing, reflecting the findings by the Building Department. Survey participants primarily identified that either their home is not in need of repair (top answer) or that they live in a multi-unit building where common spaces need maintenance or repairs, but individual units are not in need of repair. To proactively address substandard units in need of maintenance and repair, the City will implement a Rental Preservation Program to facilitate the improvement of existing rental units (Program Y) and continue to implement a Homeowner Rehabilitation and Repair Program (Program X) to address accessibility and home repair needs for homeowners. As a part of these programs, the City will develop a strategic marketing program to target low resource areas, special needs populations and low income households.

Throughout Alameda County and in surrounding Bay Area jurisdictions the age of much of the housing stock exceeds 30 years and may be in need of rehabilitation. For example, approximately 81 percent of the housing stock in Alameda County, 91 percent of the stock in Berkeley, and 86 percent of the stock in Oakland are all 30 years or older. Early development in the highly urbanized areas of the Bay Area City of Emeryville 2023-2031 Housing Element Public Review Draft Assessment of Fair Housing 129
support an older housing stock. In some areas of the region, however, there are higher rates of poverty or lower rates of homeownership, both of which may result in a greater need for rehabilitation of the housing stock. According to the 2019 Alameda County Analysis of Impediments, when asked whether they perceived housing in their neighborhood as in poor condition or in need of repair, residents of Hayward, Oakland, San Leandro, and Union City more strongly agreed. Residents of Berkeley, Livermore, and Pleasanton reported similar perception or disagreed with the statement. These patterns of perception of rehabilitation need reflect areas with higher median incomes in Alameda County, indicating that Alameda follows a similar trend as comparable communities.

5.5.3 PERSONS EXPERIENCING HOMELESSNESS
In 2019, the Alameda County PIT count identified approximately 178 persons experiencing homelessness in Emeryville, all of whom were unsheltered. In 2022, the Alameda County PIT count indicated a 49% decrease in unsheltered persons experiencing homelessness in Emeryville. Table 3-32 of the Housing Needs Assessment shows that the January 2019 PIT count identified a total of 8,022 persons experiencing homelessness in Alameda County, representing a 43 percent increase since the 2017 count. EveryOne Home, an Alameda County homeless service provider, conducts the PIT count to gain an understanding of the homeless population across the county. In 2019, EveryOne Home also conducted a survey of 1,681 unsheltered and sheltered homeless individuals in the county and found the following statistics at the county level:
9 • 63 percent of homeless people have been homeless for more than one year. • The topmost cited reason for becoming homeless is loss of a job, followed by mental health issues, then substance abuse issues.
• 78 percent of homeless residents resided in a home in the county before becoming homeless; 57 percent of homeless residents have been in Alameda County for more than 10 years. • 95 percent of families are sheltered, and 84 percent of single adults are unsheltered. • Reports gathered at community engagement meetings held by EveryOne Home suggest that the County’s PIT may have undercounted by up to 40 percent due to a variety of factors such as the challenge of identifying unhoused individuals that live in vehicles or within nonresidential buildings/structures or those that are temporarily staying in a person’s home. Persons experiencing homelessness or those at risk of becoming homeless are typically extremely low income and are often displaced from housing due to inability to pay or other issues.

As a part of Program BB, the City will continue to support the City’s Homeless Strategy and the Alameda County-wide Homeless Plan.
9 Alameda, County of. 2020, January. “County of Alameda Regional Analysis of Impediments to Fair Housing Choice.” Acgov.org. (pp. V-104 and V-105). https://www.acgov.org/cda/hcd/documents/FinalAI_Combined_1-10-19.pdf.

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Figure 5-11: Overpayment by Renter Households, 2019
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5.6 Enforcement and Outreach Capacity
Fair Housing laws, at the federal, state, and local level, identify characteristics protected from housing discrimination, called “protected classes.” These protected classes in California include race, color, national origin, religion, sex, familial status, disability, and more. Alameda enforces and complies with fair housing laws and regulation through a multilateral process: regular review of City policies and programs for impediments to fair housing choice and compliance with State and federal law and by referring fair housing complaints to appropriate agencies. The City enforces fair housing and complies with fair housing laws and regulations through a twofold process: review of City policies and code for compliance with State law and referring fair housing complaints to appropriate agencies.

Emeryville residents are served by multiple fair housing service providers, including Eden Council for Hope and Opportunity (ECHO) Housing. ECHO provides housing counseling services, tenant/landlord services, conducts fair housing investigations, and operates periodic fair housing audits throughout Alameda County, Contra Costa County, and Monterey County, including unincorporated areas.

Additionally, ECHO provides counseling and assistance for first-time homebuyers and lower-income households seeking housing.

In addition, the City demonstrates compliance or intention to comply with fair housing laws and other related laws through the following:
• The City demonstrates compliance with Density Bonus Law (Gov. Code, Section65915) through its density bonus ordinance, which currently allows for an increase of 35 percent over the maximum allowable residential density. Assembly Bills 2753, 2372, 1763, 1227, and 2345 were passed in 2018, 2019, and 2020 and revised density bonus law to provide additional benefits for qualifying projects. The City has included Program A to update the density bonus ordinance to be consistent with recent State law.
• The City intends to continue to comply with No-Net-Loss (Gov. Code, Section65863) through identifying a surplus of sites available to meet the County’s RHNA allocation. In total, the City’s surplus unit capacity is 2,504, composed of 604 lower-income units, 464 moderate-income units, and 1,436 above moderate-income units.
• The City complies with the Housing Accountability Act (Gov. Code, Section 65589.5) by allowing emergency shelters by right in the MURS zone.
• The City will comply with SB 35 (Gov. Code Section65913.4) by establishing a written policy or procedure, as well as other guidance as appropriate, to streamline the approval process and standards for eligible projects by 2022 (Program A).
• The City complies with SB 330 (Gov. Code Section 65589.5), relying on regulations set forth in the law for processing preliminary application for housing development projects, conducting no more than five hearings for housing projects that comply with objective general plan and development standards, and making a decision on a residential project within 90 days after certification of an environmental impact report, or 60 days after adoption of a mitigated negative declaration or an environmental report for an affordable housing project.

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Through the consultation process, a fair housing provider serving Emeryville reported that many lowand moderate-income homeowners struggle to make housing payments, maintain and improve their older homes. The fair housing provider identified that these issues occur in part due to mortgage and lending practices resulting in unrealistic mortgage payments, misrepresenting information to clients on documents, and refusing to lend money to those with traditionally poor credit. The City is committed to strengthening its home repair programs (Program X), expanding the City’s homebuyer assistance program (Program M), and continuing to implement the City’s Foreclosure and Predatory Lending Prevention Strategy to combat discriminatory and predatory lending practices (Program J).

A fair housing provider identified disability related fair housing violations as the most common type of complaint that their organization receives, potentially due to the visibility of applicants’ disabilities. This is reflected in the cases reported to the California Department of Fair Employment and Housing, as will be discussed. Fair housing discrimination violations related to other protected classes (e.g., race, sexuality, religion) may be less overt than disability-based discrimination and often more difficult to identify. People with disabilities may be more likely to understand when they are being discriminated against for example, when a reasonable accommodation is unjustly denied. As a result, disability violations are the number one type of fair housing violation that this organization receives but may not be an accurate account of the fair housing violation discrimination cases occurring. The City will continue to increase access to fair housing resources for residents, including offering home maintenance and fair housing education trainings for property owners (Program X), creating a targeting marketing program for fair housing informational materials in neighborhoods with higher rates of poverty (such as the Triangle District and San Pablo Corridor) (Program FF), and developing a marketing program specifically for local resources and programs for persons with disabilities, including educational materials on reasonable accommodation, housing rights, and access to legal aid (Program O). As part of the Fair Housing Assistance Program (FHAP), the California Department of Fair Employment and Housing (DFEH) dual-files fair housing cases with HUD’s Region IX Office of Fair Housing and Equal Opportunity (FHEO); HUD FHEO reported that just nine cases were filed by residents of the City of Emeryville between January 1, 2013, and March 24, 2021. In the same time frame, residents of the City of Oakland filed 120 cases (population of 445,849), residents of Berkeley filed 53 cases (population of 120,463), and residents of Piedmont filed 1 case (population of 10,787). A total of 389 cases were filed within Alameda County. Of the nine cases filed in Emeryville, seven resulted in a no-cause determination and two were closed through conciliation or settlement. The majority of cases alleged discrimination based on disability, including both cases that closed through conciliation or settlement, one alleged discrimination based on disability and race, and one alleged disability and race.

DFEH was not able to provide specific location information for cases because of confidentiality concerns.

Therefore, the City was unable to conduct a spatial analysis of fair housing cases to identify any patterns or concentrations of fair housing issues in the city. Program DD has been included to work with fair housing enforcement organizations and agencies to track issues and identify patterns in the city.

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5.7 Site Inventory Analysis
The location of housing in relation to resources and opportunities is integral to addressing disparities in housing needs and opportunity and to fostering inclusive communities where all residents have access to opportunity. This is particularly important for lower-income households. Assembly Bill (AB) 686 added a new requirement for housing elements to analyze the location of lower-income sites in relation to areas of high opportunity. Figures 5-12 through 5-18 show the distribution of projected units by income category of the following indicators compared to citywide patterns to understand how the projected locations of units will affirmatively further fair housing: TCAC opportunity areas, median income, predominant population, disability rates, educational score, environmental health, and overpayment.

The following sites inventory discussion includes an analysis of the number of projected units by income category, total RHNA capacity, and city acreage by income category to further assess the potential impacts of the sites inventory to affirmatively further fair housing.

The City has a total RHNA of 1,815 units for the 2023–2031 period, of which, 39 percent (710 units) is for extremely low-, very low-, and low-income households. Emeryville has adequate sites to accommodate housing development at 150 percent of the RHNA. The land inventory (Chapter 6) provides a total capacity for 4,319 units and opportunities for the development of a variety of housing suitable for a range of household types and income levels. The housing opportunity sites amount to an approximate total of 68 acres, which comprises approximately 5 percent of the city’s total acreage (1,440 acres). In accordance with the default density set by California statute, all of the sites in the inventory are considered to be zoned appropriately to facilitate housing affordable to lower-income households; therefore, the majority of sites identified will support mixed income projects, primarily assuming projects with units affordable to all incomes. Furthermore, the City has strong inclusionary requirements that typically require 18 percent of units to be reserved as affordable when developers seek a density bonus. Of the City’s 21 identified housing opportunity sites, only one site will support all above moderate-income units (located in the Doyle neighborhood) and three sites will support all lower income units (located along the San Pablo Corridor). All other sites are assumed to support a mixture of units for lower/moderate-income households, lower/above moderate-income households, and all income households.

Several of the City’s 21 sites in the Land Inventory are comprised of multiple parcels (often referred to as APNs (Assessor’s Parcel Numbers). Note that each APN is shown with a separate dot symbol on Figures 5-12 through 5-18.

5.7.1.1 Potential Effect on Access to Opportunity TCAC/HCD Opportunity Areas TCAC/HCD categorized census tracts into high, moderate, or low resource areas based on a composite score of economic, educational, and environmental factors that can perpetuate poverty and segregation, such as school proficiency, median income, and median housing prices. As depicted in Chart 5-3 (Unit Count and Site Acreage by HCD/TCAC Opportunity Area), identified housing opportunity sites can accommodate 2,495 units in moderate resource areas and a total of 1,795 units in the low resource areas, on an approximately equal amount of land in both resource areas (see Figure 5-12). The breakdown of anticipated unit affordability is also similar in the moderate resources area versus low resource areas. Of the total units anticipated in the moderate resource areas of the City, 49 percent are City of Emeryville 2023-2031 Housing Element Public Review Draft Assessment of Fair Housing 134
in the above moderate-income category, 19 percent in the moderate-income category, and 32 percent in the lower-income category. Of the total anticipated units counted on sites in the low resource area of the City, 56 percent are in the above moderate income category, 16 percent are in the moderateincome category, and 28 percent are in the lower income category (Chart 5-3). Emeryville has developed Policy H-4-5 that states the City shall promote mixed income neighborhoods with an equitable distribution of housing types for people of all incomes throughout the City by encouraging new affordable housing in High Resources areas. This framework is embedded in the City’s housing programs and policies and will continue to be used as the City encourages and incentives housing development on those sites within the Site Inventory List during the planning period.

Chart 5-3. Unit Count and Site Acreage by HCD/TCAC Opportunity Area Low Resource Moderate Resource
Extremely Low Unit Count 155 261
Very Low Unit Count 166 276
Low Unit Count 174 272
Moderate Unit Count 296 466
Above Moderate Unit Count 1,004 1,220
155
261
166
276
174
272 296
466
1,004
1,220
City of Emeryville 2023-2031 Housing Element Public Review Draft Assessment of Fair Housing 135
Figure 5-12: Sites Inventory Analysis by HCD/TCAC Opportunity Areas City of Emeryville 2023-2031 Housing Element Public Review Draft Assessment of Fair Housing 136

5.7.1.1.1 Employment Opportunities and Environmental Health As discussed, based on the scores for individual census tracts in the environmental and economic domains that comprise the TCAC/HCD opportunity area designations, residents across the city experience similar access to economic mobility and environmental conditions. While the distribution of units at each affordability level will not create a discrepancy in access or perpetuate existing barriers to access, the City has identified programs to support access to economic mobility and positive environmental conditions. As shown in Figure 5-5, Emeryville’s moderate-resource areas are associated with highly positive economic outcomes, indicating few barriers to access economic mobility, and the City’s low-resource areas are also associated with positive economic outcomes, albeit lower than the moderate resource areas. Of the measures TCAC/HCD uses to assume access to economic opportunity (measures access to positive economic outcome based on incidence of poverty, adult education attainment, adult employment, proximity to jobs, and median home value), prevalence of poverty is the most significant difference between low and moderate resource areas in Emeryville. The City intends to improve access to economic mobility through expanding low-barrier, low-skill job opportunities within the city, and seeking partnerships with community-based partners who provide job-readiness training (Program GG). Similarly, each of the census tracts in Emeryville scored consistently for the environmental domain, also receiving similar scores on the CalEnviroscreen 4.0 assessment tool. The area west of Interstate 80 is in the highest percentile in the city (65th percentile), followed by the lowresource area south of 53rd Street (59th percentile). The moderate-resource areas east of the Amtrak rail lines received the lowest score (43rd percentile), indicating that residents within this area are less likely to have health problems resulting from poor environmental conditions. The City has demonstrated commitment to reducing negative environmental conditions, including by providing low interest loans and grants to clean up sites (Program S), making them suitable for affordable housing development, among other uses. The City will continue this program and also commits to review open space requirements for new developments to ensure that all residents have access to healthy outdoor spaces (Program R).

5.7.1.1.2 Educational Opportunities
The differentiation between low and moderate resource designations in Emeryville is primarily due to differing access to educational attainment (see Figure 5-13), which is measured by various indicators such as fourth grade reading and math proficiency from the 2018-2019 school year, high school graduation rate, and prevalence of student poverty. Since all of Emeryville students have access to the same two schools, access to proficient schools is not a differing factor between areas of Emeryville designated as low and moderately resourced. However, the rate of poverty is higher in the low resource area than in the moderate resource area of the city. These findings suggest poverty status is the most important factor to improve in order to address discrepancies in access to educational attainment between low and moderate resource areas in Emeryville.

As shown in Chart 5-4, approximately 38 percent of the lower-income unit capacity is planned in neighborhoods in the City’s low resource areas in which the rate of persons experiencing poverty is between 20 to 30 percent (Figure 5-7). These sites are in the Triangle District, San Pablo Corridor, and East Bay Street neighborhoods and will increase the supply of affordable housing for lower income City of Emeryville 2023-2031 Housing Element Public Review Draft Assessment of Fair Housing 137
households, allowing current residents to remain in their neighborhood. These neighborhoods offer convenient access to resources, including Emeryville High and Anna Yates Elementary (located within the San Pablo Corridor and adjacent to the Triangle District) but also grocery stores (typically within a quarter mile of sites), public transit stops along San Pablo Avenue and 40th Street, and medical facilities (the closest medical facility can be accessed in about 10 minutes by car and about 25 minutes using public transit). In addition to the lower income units, 39 percent of the moderate-income units and 45 percent of the above moderate-income units are projected in these neighborhoods to affirmatively further fair housing in through mixed-income neighborhoods, primarily in mixed-income projects (Figure 5-12). The majority of the anticipated lower income units (62 percent) are planned in the City’s moderate resource neighborhoods, in which 10 to 20 percent of the population experiences poverty.

Introducing additional lower income units in moderate resource areas is a key housing mobility strategy for the City and supports efforts to improve access to areas of higher opportunity for lower income households. To specifically address the needs of students that are experiencing poverty in Emeryville, the City will meet annually with EUSD to determine what, if any, outside factors impede school performance that can be alleviated, such as stable housing opportunities, childcare opportunities for working parent(s)/guardian(s), and/or other factors (Program HH). In addition, the City is committed to improving housing stability for extremely low income households and households with children, including increasing housing opportunity for extremely low-income households (Y, K, G and L) and Program R to support the development of affordable housing units with three or more bedrooms.

Chart 5-4. Unit Count and Site Acreage by HCD/TCAC Opportunity Area, Education Domain Moderately Positive
Education Outcomes
Less Positive Education
Outcomes
Extremely Low Unit Count 261 155
Very Low Unit Count 276 166
Low Unit Count 272 174
Moderate Unit Count 466 296
Above Moderate Unit Count 1,220 1,004
261
155
276
166
272
174
466
296
1,220
1,004
City of Emeryville 2023-2031 Housing Element Public Review Draft Assessment of Fair Housing 138
Figure 5-13: Sites Inventory Analysis by HCD/TCAC Opportunity Areas, Education Domain City of Emeryville 2023-2031 Housing Element Public Review Draft Assessment of Fair Housing 139

5.7.2 POTENTIAL EFFECT ON PATTERNS OF INTEGRATION AND SEGREGATION

5.7.2.1 Diversity
As previously discussed in this assessment, Whites comprise the largest racial group in Emeryville (40 percent of the total population), followed by Asians (28 percent), and Blacks (15 percent). When reviewing the location of predominant population shown in Figure 5-4, Emeryville’s neighborhoods within moderate-resource areas show concentrations of predominantly Asian and predominantly White neighborhoods. Asians are the predominant population in the Bayfront neighborhoods and North Hollis neighborhoods, which are typified by high density housing. The census tract containing the North Hollis neighborhood has one of the highest median incomes in the city, exceeding $125,000 (Figure 5-6). As of 2019, Whites are the predominant population in the other census tracts in Emeryville; however, the city’s oldest residential neighborhoods, including the moderate-resource neighborhoods between Doyle Street and Vallejo Street and the City’s low-resource area have the highest Black populations. As shown in Figure 5-14, there are 30 sites identified in census tracts with predominantly Asian populations (comprising a total of 68 acres), all of which fall within moderate resource areas. There 24 sites identified in census tracts with predominantly White populations (comprising a total of 66 acres), all of which fall in low resource areas. While the site acreage is effectively equal, the majority of units for all incomes are planned in areas the moderate resource areas, which have a predominantly Asian population: 77 percent of the anticipated lower income units, 74 percent of the anticipated moderateincome units, and 71 percent of the anticipated above moderate-income units. Situating the majority of lower and moderate-income units in the City’s moderate resource areas is a key housing mobility strategy for Emeryville as the increased housing supply will provide more opportunity for access to moderate resource areas, including for communities of color. However, while Whites and Asians comprise the predominant population in their respective areas, neither population comprises the majority (i.e., over 50 percent) of the census population. As shown in Figure 5-14, Emeryville has a highly diverse population. The income Chart 5-5 shows the distribution of units at each income level in number of units and the Diversity Index score developed by ESRI in 2018, which represents the likelihood that two persons, chosen at random from the same area, belong to different race or ethnic groups. No areas of Emeryville are considered to have low diversity and the City’s White population does not meaningfully align with areas of higher median incomes, as seen in other East Bay cities with redlined neighborhoods (such as Oakland or Berkeley). Nearly all of the units across all income levels are planned in block groups whose existing population is considered to have high diversity (receiving an index score between 70 to 85), with 79 percent of the anticipated lower-income units, 85 percent of the anticipated moderate-income units, and 88 percent of the anticipated above moderate-income units.

Providing mixed-income communities affirmatively furthers fair housing by continuing to prevent de facto exclusionary neighborhoods resulting from a lack of affordable housing. Further, the construction of 1,304 lower-income units in the low resource area provides options for existing residents that are looking for a different home to remain in their existing neighborhood and lowers competing housing costs. In addition, the construction of units at a range of price points in both low and moderate resources areas of the city will aid in reducing displacement risk of Emeryville’s racial/ethnic populations that comprise less than 10 percent of the population, including Hispanics and American Indians. To ensure that racial/ethnic background does not present a barrier to fair housing, the City will continue to partner with regional organizations to educate tenants, property managers, and real estate City of Emeryville 2023-2031 Housing Element Public Review Draft Assessment of Fair Housing 140
professionals about fair-housing regulations, serve to mediate/enforce with respect to fair housing issues (Program O and J).

Chart 5-5. Unit Count and Site Acreage by Diversity Index High Diversity Highest Diversity Moderate Diversity
Extremely Low Unit Count 330 6 80
Very Low Unit Count 349 6 87
Low Unit Count 349 6 91
Moderate Unit Count 651 22 89
Above Moderate Unit Count 1967 59 198
330
6 80
349
6 87
349
6 91
651
22 89
1967
59 198
City of Emeryville 2023-2031 Housing Element Public Review Draft Assessment of Fair Housing 141
Figure 5-14 Sites Inventory Analysis by Predominant Population City of Emeryville 2023-2031 Housing Element Public Review Draft Assessment of Fair Housing 142

5.7.2.2 Income
Figure 5-15 identifies that the median income in most of the City of Emeryville is relatively high, with many of the block groups earning a median income $87,100 to $125,000 or earning a median income exceeding $125,000. These block groups fall entirely within the City’s moderate resource area and coincide with census tracts with relatively lower percentage of persons living below the poverty line (Chart 5-5). However, as discussed earlier in this Assessment, while Emeryville’s moderate-resource areas pose low barriers to positive economic outcomes and have a smaller percentage of persons experiencing poverty, the median income of these block groups is still significantly lower than areas in the region that are also associated with highly positive economic outcomes. This suggests these neighborhoods have been able to maintain lower income households, supporting the finding that displacement of lower income households has not been a significant factor in Emeryville.

As presented in Chart 5-6, approximately 62 percent of the lower unit capacity is identified in the sites inventory in an area of Emeryville where living below the poverty line is less common (between 10 to 20 percent of the households) and the median income exceeds $87,100 (the 2020 HCD State Median Income). Again, these sites are located in moderate resource area, primarily within the Bayfront neighborhoods, supporting the City’s housing mobility strategy to increase the supply of lower income units in moderate resource areas. The Bayfront neighborhoods provide convenient access to Emeryville’s BART/Amtrak station, employment opportunities for a range of skill levels (commercial retail to tech/start up positions), and grocery stores and other essential services. Additionally, all of the sites identified in the Bayfront neighborhoods will support mixed-income projects, primarily projects with all incomes. Approximately 61 percent of the anticipated moderate-income units and 55 percent of the anticipated above moderate-income units are planned in the areas of Emeryville with a poverty rate between 10 and 20 percent and a median income above $87,100. Emeryville has a demonstrated history of supporting mixed income projects through the work of the City’s former redevelopment agency and the City’s inclusionary ordinance; the distribution of anticipated units in the land inventory based on affordability will build on that history to continue to support the development of mixed-income neighborhoods.

Comparatively, fewer units are anticipated in areas with a median income less than $87,100 and poverty levels of 20 to 30 percent of the population; a total of 1,599 units are anticipated in these areas.

Importantly, 29 percent of those units are anticipated for lower income households. Construction of lower-income units in these areas will help to alleviate existing patterns of overpayment and encourage place-based revitalization in areas of concentrated poverty through redevelopment of underutilized parcels and providing new, safe housing. These units will prevent displacement of lower-income households by increasing the affordable supply. To address barriers to economic mobility for lowerincome residents in the City’s low-resource area, the City will prioritize place-based revitalization strategies within this census tract, or efforts that support economic development, community engagement in the planning process, workforce development, and youth engagement and educational programs (Program GG).

City of Emeryville 2023-2031 Housing Element Public Review Draft Assessment of Fair Housing 143
Chart 5-6. Unit Count and Site Acreage by Median Income and Poverty Status Poverty levels
10-20%
Poverty levels
20-30%
Poverty levels
10-20%
Poverty levels
10-20%
Poverty levels
20-30%
Greater than $125,000 Less than
$125,000
Less than $87,100 (HCD 2020
Statewide Median Income)
Extremely Low Unit Count 157 6 104 6 143
Very Low Unit Count 158 6 118 6 154
Low Unit Count 158 6 114 6 162
Moderate Unit Count 289 22 177 22 253
Above Moderate Unit Count 635 59 585 59 887 157
6 104
6 143
158
6 118
6 158
154
6 114
6 162
289
22 177
22 253
635
59 585
59 887
0 100
200
300
400
500
600
700
800
900
1,000
City of Emeryville 2023-2031 Housing Element Public Review Draft Assessment of Fair Housing 144
Figure 5-15: Sites Inventory Analysis by Median Income
City of Emeryville 2023-2031 Housing Element Public Review Draft Assessment of Fair Housing 145

5.7.2.3 Female-Headed, Single-Parent Households
Chart 5-7 and Figure 5-16 shows the distribution of units at each income level in number of units based on the concentrations of single-parent families with a female headed householder (in percentage of the population of each of the census tract). As presented in Chart 5-7, the majority of units are located within census tracts where the percentage of female-headed households comprise between 20 and 40 percent (all moderate resource areas). Approximately 52 percent of the total units are anticipated to be above moderate-income units, 18 percent are anticipated to be moderate-income units, and 30 percent are anticipated to be lower income units. While lower income units represent the smallest proportion of units planned in areas with 20 to 40 percent female householders, the 1,304 lower income units comprise 62 percent of the total lower income units anticipated in the land inventory, which will work to reduce the current concentration of female householders in the City’s low resource area. Importantly, increasing housing supply (particularly affordable housing) will be coupled with other programs to address the needs of female headed householders, including the City’s commitment to promote housing that includes larger units, usable outdoor open space, community rooms, and other child-friendly amenities (Program R). Lower income units (along with units affordable to moderate income- and above moderate-income households) are anticipated in the areas where the percentage of female-headed households comprises between 40 and 60 percent. Census tracts with predominantly female-headed households are in Emeryville’s low-resource area, along the San Pablo Corridor, East Bay Bridge and Park Avenue neighborhoods. While this presents a concentration of female-headed households in the City’s low resource area, the neighborhoods within the low resource area provide convenient access to resources that are important to single-parent households; for example, Emeryville High and Anna Yates Elementary (located within the San Pablo Corridor and adjacent to the Triangle District), grocery stores (typically within a quarter mile of sites), public transit stops along San Pablo Avenue and 40th Street, and medical facilities (the closest medical facility can be accessed in about 10 minutes by car and about 25 minutes using public transit). The City anticipates that in areas where the concentration of female headed households are between 40 to 60 percent, approximately 56 percent of the total units will be above moderate-income units, 16 percent will be moderate-income units, and 28 percent will be lower income units.

City of Emeryville 2023-2031 Housing Element Public Review Draft Assessment of Fair Housing 146
Chart 5-7. Unit Count and Site Acreage by Female Headed Households Female Householder <20% Female Householder 20-40% Female Householders 40- 60%
Extremely Low Unit Count 0 261 155
Very Low Unit Count 1 275 166
Low Units Count 1 271 174
Moderate Unit Count 2 464 296
Above Moderate Unit Count 37 1,183 1,004
0 261
155
1 275
166
1 271
174
2 464
296
37 1,183
1,004
City of Emeryville 2023-2031 Housing Element Public Review Draft Assessment of Fair Housing 147
Figure 5-16: Sites Inventory Analysis by Female Headed Households City of Emeryville 2023-2031 Housing Element Public Review Draft Assessment of Fair Housing 148

5.7.2.4 Population with a Disability
According to the 2015-2019 ACS, approximately 10 percent of Emeryville’s population live with at least one disability. As presented in Chart 5-8, approximately 60 percent of the units counted towards the RHNA are in areas in which up to 10 percent of the population have a disability. These census tracts coincide with the moderate resource designation, with the majority of sites anticipated in the Bayfront neighborhoods of North Bayfront and Powell Christie Core (Figure 5-17). Locating units affordable to lower- and moderate-income residents in and around the mixed-use commercial centers in these neighborhoods will help to improve access for and accommodate the needs of persons living with disabilities, who benefit from close access to services and amenities as well as proximity to transit.

Additionally, mixed housing types can help accommodate the needs of residents living with disabilities by integrating services or amenities on-site. Locating the majority of the lower income units, along with the moderate- and above moderate-income units, in the City’s moderate resource area expands the City’s housing mobility strategy to include persons with disabilities, thereby allowing this population to have equal access to moderate resource areas. It also affirmatively furthers fair housing by increasing the supply of lower income housing in more areas of the city, rather than focusing units in areas of higher concentration of persons with disabilities (i.e., reinforcing the concentration of persons with disabilities). However, as discussed earlier in this assessment, there are only minor differences in the percentage of persons with disabilities across the city, and the area with the highest concentration coincides with the South Bayfront neighborhoods, a moderate resource area. Emeryville’s population with disabilities is slightly higher in the moderate-resource area west of Interstate 80 and in the lowresource area south of 53rd Street (persons with disabilities comprise between approximately 13.8 and

12.3 percent of the population of these areas respectively, compared to between 5 and 7 percent of the city, as shown in Figure 5-9). As shown in Chart 5-8, the city has capacity for 477 lower income units in areas with higher concentration of persons with disabilities. Increasing the housing supply in these areas is expected to prevent or mitigate the overpayment, housing scarcity, and displacement that lower income persons with disabilities are particularly susceptible to (Programs A, KK, G, O, Q, OO, X, I, CC).

City of Emeryville 2023-2031 Housing Element Public Review Draft Assessment of Fair Housing 149
Chart 5-8. Unit Count and Site Acreage by Population with a Disability 0-10% 10-15%
Extremely Low Unit Count 267 149
Very Low Unit Count 282 160
Moderate Unit Count 487 274
Low Income Unit Count 278 168
Above Moderate Unit Count 1,278 945
267
149
282
160
487
278 274
168
1,278
945
3,133
931
4,512
1,246
6,379
2,114
71 64
- 1,000 2,000 3,000 4,000 5,000 6,000 7,000
0-10%
10-15%
0-10% 10-15%
Site Acreage 71 64
Above Moderate Income Units 6,379 2,114
Moderate Income Units 4,512 1,246
Low Income Units 3,133 931
Site Acreage Above Moderate Income Units Moderate Income Units Low Income Units City of Emeryville 2023-2031 Housing Element Public Review Draft Assessment of Fair Housing 150
Figure 5-17: Sites Inventory Analysis by Population with Disability City of Emeryville 2023-2031 Housing Element Public Review Draft Assessment of Fair Housing 151

5.7.3 POTENTIAL EFFECT ON DISPROPORTIONATE HOUSING NEEDS &

DISPLACEMENT RISK

5.7.3.1 Overpayment & Displacement Risk
Owners and renters throughout Emeryville and the greater Bay Area are overpaying for housing because of rapidly increasing housing costs that outpace wage increases (Figure 5-18). An increase in the supply of lower- and moderate-income households throughout the city will help to alleviate conditions that contribute to overpayment by reducing the gap between supply and demand for this type of housing.

Areas with highest rate of overpayment (between 50 to 60 percent of households experiencing overpayment) coincide with the City’s low resource area. The land inventory shows capacity for 1,304 lower income units, or 30 percent of the total lower income units, anticipated in this area. Locating lower-income housing in these areas will help reduce displacement risk for households experiencing this by providing affordable housing where there is greatest demand for these options. Typically, above moderate-income units are unaffordable to cost-burdened households, while lower- and moderateincome housing units can help alleviate overpayment. Development on land inventory sites are expected to be mixed-income with the intent of increasing the supply of affordable housing citywide, for all income categories, thus reducing risk of displacement due to overpayment for all Emeryville residents.

Chart 5-9. Unit Count and Site Acreage by Overpayment by Renting Households 20-30% 40-50% 50-60%
Extremely Low Unit Count 6 261 149
Very Low Unit Count 6 276 160
Low Unit Count 6 272 168
Moderate Unit Count 22 466 274
Above Moderate Unit Count 59 1,220 945
6 261
149
6 276
160
6 272
168
22 466
274
59 1,220
945
City of Emeryville 2023-2031 Housing Element Public Review Draft Assessment of Fair Housing 152
Figure 5-18: Sites Inventory Analysis by Overpayment by Renters City of Emeryville 2023-2031 Housing Element Public Review Draft Assessment of Fair Housing 153

5.8 Contributing Factors
Through discussions with stakeholders, fair housing advocates, and this assessment of fair housing issues, the City identified factors that contribute to fair housing issues in Emeryville, as shown in Table 5-

4. While there are several strategies identified to address the fair housing issues, the most pressing issues are the prevalence of poverty, which can impact educational attainment, economic mobility, patterns of concentration of lower-income households, including female-headed households, and higher rates of overpayment. In Emeryville, the City’s low resource area (which includes the San Pablo Corridor, Triangle District, and East Bayfront neighborhoods) coincides with a higher rate of persons under the poverty level and a lower median income, while also showing a higher concentration of female headed households and higher rates of overpayment. While integration of a variety of housing types is necessary throughout the city, these neighborhoods have been identified as a priority area for placebased revitalization and investment. Strategies to address these fair housing issues, and more identified throughout the city, are outlined in Table 5-4.

The City is committed to affirmatively furthering fair housing through four distinct strategies, which provided guidance and purpose for the goals and programs the City developed to address fair housing issues. The City intends to implement the following actions to affirmatively further fair housing:
• Place-based revitalization strategies: S, T, U, W, X, Z, R, GG, HH, II, and J • Strategies to facilitate housing mobility: A, B, D, I, KK, G, L, M, O, QQ, OO, R, CC and LL • Strategies to expand housing in higher income neighborhoods: A, D, H, I, KK, M, N, O, Q, OO, R, S, CC, JJ, LL and GG
• Strategies to reduce or prevent displacement risk: D, H, I, M, J, Y, G, A, M Q, O, QQ, OO, P R, T, X, AA, FF, CC and EE
Actions that support the City’s priority fair housing issues and contributing factors are bolded.

City of Emeryville 2023-2031 Housing Element Public Review Draft Assessment of Fair Housing 154
Table 5-4. Summary of Conclusions and Findings Regarding Housing Issues in Emeryville Identified Housing
Issues
Contributing Factors Meaningful Actions
Concentration of
poverty in low
resource area
Concentration of
affordable housing along
San Pablo Avenue
Concentration of
affordable housing for
Housing Choice Voucher
holders in low resource
area
Support new housing opportunities for lower income households and vulnerable populations using funding allocated by the City’s Affordable Housing Bond Administration and Expenditure Plan (Program H)
Establish a prioritization strategy for affordable housing development with community input, focused on anti-displacement efforts in neighborhoods with high rates of poverty, such as the Triangle and San Pablo Corridor (Program H)
Continue to seek new opportunities to partner with developers and provide land, loans or other resources to support affordable housing development to develop extremely low-, very low-, low-income and/or moderate-income housing in City-assisted development projects.

Develop strategies to expand low-barrier, low-skill job opportunities within the city, such as reviewing Planning Regulations to alleviate constraints on small business establishment (Program GG).

Concentration of
female-headed
households in low
resource area
Shortage of large housing
units, especially for
renters
Shortage of affordable
housing without age
restrictions
Dominance of housing
units for non-family
households
Support new housing opportunities for lower income households and vulnerable populations (such as large families) using funding allocated by the City’s Affordable Housing Bond Administration and Expenditure Plan (Program H)
Establish a prioritization strategy for affordable housing development with community input, focused on anti-displacement efforts in neighborhoods with high rates of poverty, such as the Triangle and San Pablo Corridor (Program H)
Promote housing designs for families with children by encouraging developers to include larger unit sizes (Program R)
Access to educational
attainment
Prevalence of school-aged
children in poverty
Shortage of larger housing
units affordable to lower
income households
Lack of permanent
housing options for
extremely low income
households
Support new housing opportunities for lower income households and vulnerable populations (such as large families) using funding allocated by the City’s Affordable Housing Bond Administration and Expenditure Plan (Program H)
Establish a prioritization strategy for affordable housing development with community input, focused on anti-displacement efforts in neighborhoods with high rates of poverty, such as the Triangle and San Pablo Corridor (Program H)
Promote housing designs for families with children by encouraging developers to include larger unit sizes (Program R)
Meet with EUSD on an annual basis to identify outside factors impeding school performance that can be alleviated, such as stable housing opportunities, childcare opportunities for working parent(s), and more (Program HH)
Access to
environmental
conditions with neutral
or positive health
impacts
Presence of freeways and
rail lines near residential
areas
Limited access to outdoor
spaces (such as parks) for
healthy outdoor activities
Review open space requirements for new developments to ensure all residents have access to healthy outdoor spaces (Program R) Explore opportunities to provide access to parks and recreational areas and improve existing resources in neighborhoods with higher rates of poverty (Program R)
Continue to offer low-interest loans or grants through the Assessment Loan and Clean-Up Loan programs to provide financial, City of Emeryville 2023-2031 Housing Element Public Review Draft Assessment of Fair Housing 155
Identified Housing
Issues
Contributing Factors Meaningful Actions
technical, and regulatory assistance to property owners and developers seeking to assess and remediate housing development sites on brownfields (Program S)
Fair housing cases
alleging discrimination
on the basis of
disability
Cost of repairs or
rehabilitation, especially
for older housing units
Lack of landlord education
on fair housing laws and
requirements
Limited affordable
housing appropriately
designed for persons with
disabilities
Targeted marketing plan to promote local resources and programs for persons with disabilities (Program O)
Support new housing opportunities for persons with disabilities using funding allocated by the City’s Affordable Housing Bond Administration and Expenditure Plan (Program O)
Support housing repair and/or rehabilitation programs that assist lower-income households occupying housing in need of repair through funding partnerships with local non-profits, including establishing a targeted marketing plan (Program X)
Facilitate the improvement of existing rental units by providing owners with capital to make needed improvements to units occupied by income-eligible tenants using funding allocated by the City’s Affordable Housing Bond Administration and Expenditure Plan (Program O)
City of Emeryville 2023-2031 Housing Element Public Review Draft Housing Resources 156

6. Housing Resources
This chapter analyzes the availability of sites suitable for housing and the resources available to finance and facilitate housing development. While Emeryville is a small, built-out city, with no opportunity for outward expansion, it has been highly successful at redeveloping older industrial and commercial properties into sites for new housing. In recent decades, the City of Emeryville (City) has provided housing at a range of affordability levels on sites that were once contaminated, on non-vacant underutilized sites, and in mixed-use developments.

As detailed in this chapter, Emeryville has more than enough adequate sites to accommodate the 2023–2031 Regional Housing Needs Allocation (RHNA). Further, the sites in the inventory can accommodate 150 percent of the RHNA, at each income level.

6.1 Progress Towards RHNA
The City has a total RHNA of 1,815 units for the 2023–2031 period, of which, 39 percent (710 units) is housing for extremely low-, very low-, and low-income households. As required by state law (Government Code Sections 65583 and 65583.2), this section provides a parcel-specific inventory of suitable and appropriately zoned sites for the provision of housing for all income categories. Program JJ commits the City to maintaining and updating this inventory throughout the planning period to ensure that adequate sites to meet the RHNA remain available.

In addition to ensuring an adequate land inventory, the City is encouraging accessory dwelling unit (ADU) production (Program D). As shown in Table 6-1, the City anticipates that 30 new ADUs will be constructed during the planning period. Counting ADUs towards a jurisdiction’s RHNA is characterized as a non-site-specific approach.

As shown in Table 6-1, Emeryville has adequate sites to accommodate housing development at 150 percent of the RHNA. A map depicting the location of project sites is provided as Figure 6-1. The land inventory provides a total capacity for 4,289 units and opportunities for the development of a variety of housing suitable for a range of household types and income levels. The inventory includes six approved projects (sites 1-6) in various stages of planning and construction, 2 vacant and 13 nonvacant sites (sites 7-21) that are appropriate for housing development. Site-specific details on the six planned and approved projects are shown in Table 6-2, followed by a description of each project. Site-specific details on the 15 vacant and nonvacant sites are shown in Table 6-3, followed by a description of each site.

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Figure 6-1. Sites Inventory
City of Emeryville 2023-2031 Housing Element Public Review Draft Housing Resources 158
Emeryville has a strong track record of completing redevelopment projects to facilitate new residential projects. Representative projects are described in Table-6-5. Due to the city’s land constraints, nearly all development will be infill and reuse of underutilized sites. The city’s jobs base, proximity to transit, and variety of offerings have continued to make it attractive to developers, despite the difficulties associated with infill. Identified sites have a strong likelihood of being redeveloped over time.

6.1.1 ASSEMBLY BILL 1397
Per Assembly Bill (AB) 1397, if a site in the 6th cycle Housing Element inventory is included to meet lower-income RHNA and it was used in previous inventories to meet lower-income RHNA (for a nonvacant site, in one prior inventory or for a vacant site, in two prior inventories), on that site, if the jurisdiction receives an application for a development that includes 20-percent affordable units, it could only be subject to a ministerial approval process. Sites 5, 7, 8, 9, 10, 11, 12, and 14 fall into this category.

However, they are in the mixed-use residential (MUR) and medium high-density residential (RMH) zones where multifamily uses are already allowed by right. Per Section 9-3.303(b)(2)b, a conditional use permit (CUP) is required for any development on sites of 1 to 5 acres in the MUR/mixed use with residential and the mixed use with residential south (MURS) zones; however, the residential use itself is not discretionary. The process ensures that mixed-use developments incorporate housing. Program KK ensures that these sites will continue to comply with AB 1397. Multifamily uses are already allowed by right in all residential zones in Emeryville, except in the RM zone, where multifamily uses require minor conditional use permits if they are under the base density or FAR, and major conditional use permits if they exceed base density or FAR. Site 21 is the only site in the inventory that contains a parcel in the RM zone and it was not identified previously to meet the lower-income RHNA.

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Table 6-1. Capacity to Accommodate the 2023–2031 RHNA
Income
Category
RHNA
150% of
RHNA
Planned and Approved Residential Developments
Vacant
Sites
Underutilized
Sites
Anticipated
ADUs
Progress
towards
RHNA
Surplus
at 100%
of RHNA
Surplus
at
150%
of
RHNA
Baker
Metal
Live/
Work
Anton
Evolve AKA
Bayview
Emeryville
Apartments
(the Nady
site)
The
Emery
(Sherwin
Williams)
Building C
The
Emery
(Sherwin
Williams)
Building D
65th Street
Multi-Unit
Residential
Project
Nellie
Hannon
Gateway
Planned
and
Approved
Total
Extremely
Low 225 338 - - - - - 29 29 188 199 - 416 191 78
Very Low 226 339 - 8 4 6 1 30 49 188 205 - 442 216 103
Low 259 389 - - 5 13 1 30 49 188 209 10 456 197 67
Moderate 308 462 - - 12 12 2 - 26 187 549 10 772 464 310 Above
Moderate 797 1,196 17 178 101 153 20 1 470 187 1,566 10 2,233 1,436 1,037 Total 1,815 2,723 17 186 122 184 24 90 623 938 2,728 30 4,319 2,504 1,595 Source: Association of Bay Area Governments 2023–2031 Regional Housing Needs Allocation, 2021; City of Emeryville Planning and Building 2021. 1 Planned/approved sites capacity and affordability levels are based on specific development proposals or permitted development plans.

2. Vacant/underutilized capacity is calculated using base allowed density, adjusted in most cases to 80 percent of the base maximum in consideration of potential site constraints and anticipated mixed-use development. While not counted here, densities above base allowed are achieved with bonus points for community benefits, which is common in Emeryville. The number of units that are appropriate for the lower-income RHNA is based on density and the City’s inclusionary requirements. In accordance with the state’s default density provision, sites with densities of 20 or more units are assumed to accommodate lower-income housing development. All sites in Emeryville that allow residential uses meet the default density requirement. Additionally, Emeryville’s inclusionary housing requirement typically requires 18 percent of units to be reserved as affordable.

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6.1.2 LAND INVENTORY
The term “lower-income units” is used to refer to the combined category of extremely low-, very lowand low-income units. Residential development projects that are planned or approved will provide 127 lower-income units (see the Planned and Approved Residential Projects section that follows for an analysis of specific projects). The remaining lower-income need can be accommodated with anticipated ADU construction and with capacity on vacant and underutilized sites. Pursuant to state law (Government Code Section 65583.2(c)(3)(B)), parcels zoned for a residential density of 20 units or more per acre are assumed to be appropriate to accommodate Emeryville’s lower-income RHNA. No sites have minimum residential densities. Since all of the residential areas in Emeryville allow at least 20 housing units per acre, the lower-income RHNA can be accommodated throughout the city. However, the City acknowledges that high densities do not necessarily correlate to affordability. With this in mind, the City will continue to promote the development of units that are restricted for affordability through density bonuses, regulatory incentives, streamlined processes, implementation of the Affordable Housing Set-Aside Ordinance, and funding assistance (Programs A, B, D, G, H, L, and OO).

As shown on Figure 6-1, all land inventory sites are completely in the Priority Development Area (PDA), with the exception of sites 9 and 20 where a small portion of each site are outside of the PDA. Sites 6, 16, 17, 18, and 20 are partially in Emeryville and partially in Oakland but completely in the PDA. As further detailed in the analysis in the subsequent Facilities and Infrastructure section, all land inventory sites are served by transit, services, and City amenities. Infrastructure is available to all 21 sites. While some sites may be subject to certain environmental hazards, they don’t preclude development. See Table-6-4 and associated narrative for information on the potential environmental hazards for each site.

6.1.3 PLANNED AND APPROVED RESIDENTIAL PROJECTS
As shown in Table 6-2, 623 new housing units are entitled in six development projects in Emeryville (sites 1-6). These numbers represent actual units approved for these specific projects. Projects are underway on sites of a variety of sizes and at densities ranging from 50 to 129 units per acre. A map depicting the location of project sites is provided as Figure 6-1.

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Table 6-2. Planned and Approved Residential Developments Site
No.

Project Name Address/Location APN(s)
General Plan
Land Use
Zoning Acres
Max. Base
Density
(Du/Ac)
Max.

Units
Realistic (Total)
Capacity
Extremely
Low1
Very
Low1
Low1 Moderate
Above
Moderate
Prior Housing
Elements
Ownership
MAX Base
FAR
2 MAX Base
Height (feet)
1 Baker Metal Live/ Work 1265 65th Street 049-1504-002
Medium
High-Density
Residential
Medium High-Density
Residential (RMH) 0.3 35 12 17 0 0 0 0 17 4th and 5th Private 1 30 2 Anton Evolve AKA Bayview
Emeryville Apartments
(the Nady site)
6701 Shellmound
Street 049-1490-002 Mixed Use with Residential
Mixed Use with
Residential (MUR) 2.3 70 161 186 0 8 0 0 178 5th Private 3 75 3 The Emery (Sherwin
Williams) Building C 1450 Sherwin Avenue 049-1557-012 Mixed Use with Residential PUD-7: Sherwin Williams
Mixed-Use Project 1 50 52 122 0 4 5 12 101 5th Private 1.5 40 4 The Emery (Sherwin
Williams) Building D 1450 Sherwin Avenue 049-1557-014 Mixed Use with Residential PUD-7: Sherwin Williams
Mixed-Use Project 1.4 50 72 184 0 6 13 12 153 5th Private 1.5 50 5 65th Street Multi-Unit
Residential Project 1225 65th Street 049-1504-8
Medium
High Density
Residential
Medium High Density
Residential (RMH) 0.4 35 14 24 0 1 1 2 20 5th Private 1 30 6 Nellie Hannon Gateway 3600, 3610, and 3620
San Pablo Avenue
049-0950-006-01
049-0950-008-01
049-0950-001
Mixed Use with
Residential
Mixed Use with
Residential South (MURS) 0.38 50 19 90 29 30 30 0 1 No Private 1.5 40 TOTAL 5.78 --- 330 623 29 49 49 26 470 --- --- --- ---
Source: City of Emeryville Departments of Planning and Building and Economic Development and Housing, 2021. 1 Planned/approved sites capacity and affordability levels are based on specific development proposals or permitted development plans. See project descriptions below. 2 FAR = Floor Area Ratio
See Table 6-4 for information on potential hazards for each site.

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Units in approved and planned projects are at various stages of construction or entitled. Below is a description of each project.

Site 1. Baker Metal Live/Work: On August 27, 2009, the Planning Commission approved a single CUP and Design Review permit for the reuse of the existing Baker Metal Building at 1265 65th Street for 17 residential live/work units and a 672-square-foot cafe/community room, and for the construction of five new townhomes on an adjacent vacant lot at 1276 Ocean Avenue. Now that construction of the five townhomes is complete, the applicant is preparing to initiate construction of the Baker Metal building renovations, including 17 residential live/work units. The site is 0.337 acres. Since it is smaller than a half-acre, the site is considered small by the California Department of Housing and Community Development’s (HCD’s) standards. However, there is ample evidence of its developability, including a base maximum density of 35 units per acre and development standards that do not constrain housing development on small sites. See the following section on Representative Projects for the City’s recent track record of small site development. As of September 2021, the applicant had a building permit approved for exploratory grading work. Given the size of the site and the maximum base density allowed, the maximum base capacity under the current Planning Regulations would be 12 units.

However, through the permit application process, 17 units were approved. Therefore, the realistic capacity of this site is identified in this Housing Element as 17 units.

Site 2. Anton Evolve AKA Bayview Emeryville Apartments (the Nady site): The Anton Evolve (Nady Site) is an industrial site undergoing redevelopment that will result in 186 rental housing units, of which, 8 will be reserved as very low income. As of March 2020, the applicant completed the demolition of all buildings on the site. All permits necessary for the demolition are considered vested. Permits for the demolition of existing foundation slab have been finalized and the building permit for the site was issued May 28, 2021. As of February 2022, the framing of the fifth floor was underway, with wood shear wall installation in progress.

Site 3. The Emery (Sherwin Williams) Building C: The site, at 1450 Sherwin Avenue, consists of an office building and is undergoing redevelopment. Building C, included in this inventory, is part of a larger project, which includes four new buildings with 500 total residential units and 2,000 to 8,000 square feet of ground floor retail/commercial space, associated open space, and a new city park. A building permit application for park improvements was received on March 18, 2019, and is in plan review; permits for “hot spot” soil remediation and partial slab demolitions were issued on August 9, 2019. Building permits were issued on February 6, 2020, for Buildings B1, B2, C, and D for drilled displacement column ground improvements. The 1-acre site where Building C will be located and undergoing redevelopment from an existing office building to an adaptive mixed-use project was issued a building permit May 21, 2020. As of December 2021, the project was under construction. Building C will have 122 units. Of those, 4 will be reserved for very low-income households, 5 for low-income households, and 12 for moderate-income households.

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Site 4. The Emery (Sherwin Williams) Building D: The site, at 1450 Sherwin Avenue, consists of an office building and is undergoing redevelopment. Building D, included in this inventory, is part of a larger project, which includes four new buildings with 500 total residential units and 2,000 to 8,000 square feet of ground floor retail/commercial space, associated open space, and a new City park. A building permit application for park improvements was received on March 18, 2019, and is in plan review; permits for “hot spot” soil remediation and partial slab demolitions were issued on August 9, 2019. Building Permits were issued on February 6, 2020, for Buildings B1, B2, C, and D for drilled displacement column ground improvements. The 1.43-acre site where Building D will be located will include residential units and commercial space. Building D was issued a building permit on April 22, 2020, and is under construction with the anticipated completion date of July 2023. Building D will have 153 units. Of those, 6 will be reserved for very low-income, 13 as low-income, and 12 as moderate-income units.

Site 5. 1225 65th Street Multi-Unit Residential Project: The 0.4-acre site is currently vacant with a former parking lot. The area is zoned for medium high density residential, and the surrounding properties are residential with a mix of commercial uses on adjacent blocks and an active parking lot on the adjacent parcel to the east. The site is not an active use. A 24 unit residential project was unanimously approved by the Planning Commission on December 9, 2021. The approved project used the City’s existing bonus point system and was approved at the maximum bonus level for both density and FAR. Since it is smaller than a half-acre, the site is considered small by HCD’s standards. This project approval demonstrates ample evidence of this site’s developability, including a base maximum density of 35 units per acre and development standards that do not constrain housing development on small sites. See the Representative Projects section for the City’s recent track-record of small site development. The realistic units for this site are as approved: 24 total units, including are calculated at 80 percent of the base maximum density allowed. The approved allocation of units to the income categories are: Extremely Low: 0 units, Very Low: 1 unit, Low: 1 unit, Moderate: 2 units, and 20 Above Moderate units.

Site 6. Nellie Hannon Gateway: As of April 2022 the site is a mix of vacant and occupied commercial uses with an approved project and building permits are under review On October 20, 2020, the City approved the owner’s proposal under SB 35 and AB 1763 to build a mixed-use development with 90 residential units (89 affordable units and one manager’s unit) and 3,600 square feet for a Social Service Facility.,. The owner is Resources for Community Development (RCD), a local nonprofit organization. The City provided a loan for the developer’s acquisition and the pre-development. The City’s regulatory agreement on the property requires at least 39 units, where at least 38 of them are reserved for households earning between 30 and 80 percent AMI, and at least 25 percent of the units are permanently supportive or for formerly homeless individuals. Although the site is considered small because it is less than a half-acre, the applicant worked with the City to determine how to maximize the potential of the site and the affordability of the approved units. The realistic capacity for the site is assumed to be the 90 units that were approved as part of the application. Since the project will be all affordable, for the purposes of counting units towards RHNA, one-third of the 90 units are allocated to each of the Extremely Low, Very Low, and Low Income categories, with one Above Moderate manager’s unit.

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6.1.4 VACANT AND UNDERUTILIZED SITES
As shown in Table 6-3, realistic capacities have been considered for each site, yielding 3,666 units (938 on vacant sites and 2,728 on nonvacant, underutilized sites). While Emeryville has a history of completed high-density residential projects that are at or above the base maximum density, the realistic capacity assumption allows consideration for unique site constraints, phased development that may go beyond 2031, and the potential for a mix of residential and nonresidential uses on many sites. These considerations result in a realistic capacity adjustment that yields fewer units than 100 percent of the maximum base allowed density for most of the sites, with the exception of three City-owned sites (sites 10, 13, and 14 which have realistic unit assumptions that are higher than 100 percent of the maximum base allowed density because the City has a strong track record of requiring greater densities through a request for proposals (RFP) and Development Agreement process when it is the owner of the site; sites 7, 15, 19 and 20 use counts based on current or recent residential proposals. Representative projects are described below.

Due to the city’s land constraints, all future development will be infill and reuse of underutilized sites, including some that are smaller than a half-acre. Emeryville has a strong track record of completing redevelopment projects on similarly sized sites to facilitate new residential projects. The city’s jobs base, proximity to transit, and variety of offerings have continued to make it attractive to developers, despite the difficulties associated with infill. Identified sites have a strong likelihood of being redeveloped over time. It is common for developers to achieve greater than base zoning with incentives and bonuses. The City’s inclusionary ordinance ensures a portion of the units will be reserved as affordable. See the section at the end of this chapter on Representative Projects for examples.

The realistic capacity and unit allocation to income levels on sites 7, 8, 9, 11, 12, and 16 through 21 use the same assumptions. On these sites, realistic capacity is estimated at 80 percent of the maximum allowed under base zoning because mixed uses are anticipated when the site is redeveloped. However, it is typical for projects in Emeryville to be built at densities greater than the base allowed due to the availability of bonuses in intensity (FAR), height, and density. All six approved projects, four of which are under construction, in Table 6-2 were approved over base density at rates by between 116 – 256 percent. These bonuses are available to developers that provide certain community amenities, such as family friendly housing, green architecture, and public open space. Bonuses are discretionary but are determined based on a formulaic point system that requires affordable units for projects of more than 10 units, and in the RM zone must be “compatible with the surrounding neighborhood with regard to building scale, form, and materials, and street orientation” and limit driveways (EMC 9-4.204(f).

In accordance with the default density set by California statute, all of the sites in the inventory are considered to be zoned appropriately to facilitate housing affordable to lower-income households.

However, conservatively, the estimated allocation of units to the income categories are: Extremely Low:
6 percent, Very Low: 6 percent, Low: 6 percent, Moderate: 22 percent, and Above Moderate: 60 percent. Emeryville’s inclusionary housing requirement typically requires 18 percent of units to be reserved as affordable. The realistic capacity and unit allocation to income levels on sites 8 and 11 through 16 are unique. See individual site descriptions that follow Table 6-3 for more information.

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Table 6-3. Vacant and Underutilized Residential Sites
Site
No.

Site Name or Area Address/Location APN(s)
General Plan
Land Use
Zoning Existing Use Acres
Max. Base
Density
(du/ac)
Max.

Units
Realistic
(Total)
Capacity
Extremely
Low
Very
Low
Low Moderate
Above
Moderate
Prior
Housing
Elements
Ownership
MAX
Base
FAR
1 MAX Base
Height
(feet)
7 Powell Street and
Christie Avenue
5801-5861 Christie
Avenue
049-1494-004-08
049-1494-003-02
Mixed Use with
Residential
Mixed Use with
Residential (MUR)
Office building, café,
warehouse 3.71 85 315 98 0 4 6 7 81 5th Private 3 75
8 San Pablo Avenue
and 40th Street 4053 San Pablo Avenue
049-0618-021
049-0618-024-02
049-0618-033
049-0618-022
049 -618-019
Mixed Use with
Residential
Mixed Use with
Residential (MUR)
Black and White
Market, a commercial
building, and surface
parking for the Oaks
Card Club

1.58 50 79 63 4 4 4 14 38 5th Private 1.5 40
9 NE corner of San
Pablo and 41st
Street
4100 San Pablo Avenue
049-1026-022
049-1026-023
049-1026-024
049-1026-026-2
Mixed Use with
Residential
Mixed Use with
Residential (MUR)
Bank of America branch
and surface parking 1.36 20 27 22 1 1 1 5 13 5th Private 0.5 & 1 30 10 NE corner of San
Pablo and 43rd
Street
4300 San Pablo Avenue
049-1079-17-1
049-1079-14-1
Mixed Use with
Residential
Mixed Use with
Residential (MUR)
Former City Recreation
Center 0.47 35 16 68 23 22 22 0 1 5th City 1.5 40
11 Bounded by San
Pablo Avenue, 40th
Street, and Hollis
3838 Hollis Street
3889 Emery Street
3889 San Pablo Avenue
049-619-2
049-619-5
049-619-6
Mixed Use with
Residential
Mixed Use with
Residential (MUR)
East Baybridge
Shopping Center 20.01 50 1001 801 48 48 48 176 481 5th Private 1.5 & 2 40 & 50 12 Bounded by
Interstate 80, Powell
Street, Christie
Avenue, and
Shellmound Street
5701 - 5795 Christie
Avenue
049-1515-1-6
049-1515-10-11
049-1515-12-4
049-1515-7-7
049-1515-11-14
049-1515-9
049-1515-8-1
049-1515-11-7
049-1515-1-2
049-1515-11-13
049-1515-12-5
Mixed Use with
Residential
Mixed Use with
Residential (MUR) Powell Street Plaza 12.03 85 1023 818 49 49 49 180 491 5th Private 3 75 13 Shellmound Street
and Christie Avenue
5760-5770 Shellmound
1525-1535 Powell Street
049-1321-4-3
049-1321-1-2
049-1321-1-4
049-1321-3-2
049-1321-5
049-1321-4-4
Mixed Use with
Residential
Mixed Use with
Residential (MUR) Vacant (“Site B”) 3.17 85 269 538 108 108 108 107 107 5th City 3 75 14 TBD 5890, 5900, and 6150
Christie Avenue
049-1493-3
049-1493-4
049-1493-5
Mixed Use with
Residential
Mixed Use with
Residential (MUR) Vacant Corp Yard 2.35 85 200 400 80 80 80 80 80 4th and 5th City 3 75
15 US Spring Site 3637 Adeline Street 049-0481-015 Mixed Use with Residential
Mixed Use with
Residential South
(MURS)
Cannabis distribution
and packaging; and
delivery

0.29 50 15 90 29 30 30 0 1 No Private 1.5 40
16 Michael’s Site 3991 Hollis 007 -0617-022 Mixed Use with Residential
Mixed Use with
Residential (MUR)
Michael’s (commercial)
with large surface
parking lot

1.78 70 125 100 6 6 6 22 60 No Private 2 50
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Site
No.

Site Name or Area Address/Location APN(s)
General Plan
Land Use
Zoning Existing Use Acres
Max. Base
Density
(du/ac)
Max.

Units
Realistic
(Total)
Capacity
Extremely
Low
Very
Low
Low Moderate
Above
Moderate
Prior
Housing
Elements
Ownership
MAX
Base
FAR
1 MAX Base
Height
(feet)
17 Decathlon Site 3938 Horton Street
007-0617-022
007-0617-020
(Oakland)
Mixed Use with
Residential
Mixed Use with
Residential (MUR)
Decathlon (commercial)
with large surface
parking lot

3.5 70 245 196 12 12 12 43 117 No Private 2 50
18 40th Street between
Hubbard and Horton
4056 Hubbard
4045 Horton
049-0617-010
049-0617-009
Mixed Use with
Residential
Mixed Use with
Residential (MUR)
Rug Depot/
Bon Motif

1.37 35 48 38 2 2 2 8 24 No Private 1 30
19 NE corner of
Shellmound Way and
Christie Avenue
5850 Shellmound 49-1493-6
Mixed Use with
Residential
Mixed Use with
Residential (MUR) Office 1.49 85 127 6 0 2 4 0 0 No Private 3 75 20 NE corner of San
Pablo Avenue at
47th Street
4700 San Pablo Avenue
49-1177-6-4
49-1177-7-1
49-1177-10-1
Mixed Use with
Residential
Medium Density
Residential (RM) Industrial/Commercial 1.24 20 25 20 1 1 1 4 13 No Private 0.5 & 1 30 21 Atrium Building site 1650 65th Street
49-1490-1
49-1490-3
49-1490-4
Mixed Use with
Residential
Mixed Use with
Residential (MUR) Office/R&D 7.29 70 510 408 24 24 24 90 246 No Private 3 75 TOTAL --- --- --- --- --- 61.64 --- 4,025 3,666 387 393 397 736 1,753 --- --- --- --- Source: City of Emeryville Departments of Planning and Building and Economic Development and Housing, 2021.

1. FAR = Floor Area Ratio
See Table-6-4 for information on potential hazards for each site.

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Site 7. 5801-5861 Christie Avenue: The Urban Design Element of the City’s General Plan envisions the area around the intersection of Powell Street and Christie Avenue as a dynamic urban core, with the tallest building heights in the city, a mix of residential and commercial uses, and active street frontages.

As of December 2021, existing uses at 5801-5861 Christie Avenue included an office building, café, warehouse, and parking lots. The owner of 5801-5861 Christie Avenue has expressed interest in redeveloping the entire site and has submitted an application, with one Planning Commission study session held, for a mixed-use project that includes 98 residential units. Realistic capacity is based on the current application which includes 98 residential units. The estimated allocation of units to the income categories are: Very Low: 4 units, Low: 6 units, Moderate: 7 units, and Above Moderate: 81 units.

Site 8. 4053 San Pablo Avenue: The Urban Design Element of the City’s General Plan identifies the area around the intersection of San Pablo Avenue and 40th Street as a priority for transit-oriented development. It is an existing major transportation hub that includes stops for Emery Go-Round (free, local bus service in Emeryville connecting to the MacArthur BART stations) and both local and transbay AC Transit service. Existing uses include the Black and White Market, a commercial building, and a large surface parking lot. The proximity to transit makes the site an opportunity for sustainable, equitable residential development. Mixed uses are anticipated when the site is redeveloped. Staff has contacted the property owner in the past year to discuss the possibility of developing the site for mixed-use with residential and has informed the property owner of the development potential for residential at the site.

Therefore, realistic capacity has been calculated at 80 percent of the maximum allowable base density.

The estimated allocation of units to the income categories are: Extremely Low: 6 percent, Very Low: 6 percent, Low: 6 percent, Moderate: 22 percent, and Above Moderate: 60 percent.

Site 9. 4100 San Pablo Avenue: Properties include large surface parking lots and a Bank of America branch. Mixed uses are anticipated when the site is redeveloped. Therefore, realistic capacity has been calculated at 80 percent of the maximum allowable base density. The property owner has considered development of this site in the past and has experience in developing residential projects, as they developed the Oak Walk mixed-use residential project on the nearby north-east corner of San Pablo Avenue and 40th Street. Staff has had recent conversations with the property owner to discuss the possibility of developing the site for mixed-use with residential should market conditions prove favorable to such development. The estimated allocation of units to the income categories are:

Extremely Low: 6 percent, Very Low: 6 percent, Low: 6 percent, Moderate: 22 percent, and Above Moderate: 60 percent.

Site 10. NE corner of San Pablo and 43rd Street: The site is City-owned and was formerly used as a Recreation Center. In 2019-2020 a Temporary Emergency Family Shelter, unanimously approved by the Planning Commission and partially funded by the City in a partnership with the City of Oakland, operated until a permanent facility was located in Oakland. The City has solicited proposals from developers for a 100-percent affordable development project on this site. The City anticipates that Senate Bill (SB) 35 and the state super density bonus from AB 1763 will be used. The project site is made up of two parcels totaling 20,600 square feet (0.47 acre). The City issued an RFP/Q for 68 all affordable units targeting tenant populations of extremely low-, very low-, and low-income seniors and/or youth, including youth transitioning from the foster care system. The City anticipates supporting the project in City of Emeryville 2023-2031 Housing Element Public Review Draft Housing Resources 170
the form of a construction loan. Since it is smaller than a half-acre, the site is considered small by HCD’s standards. However, there is ample evidence of its developability, including a base maximum density of 35 units per acre and development standards that do not constrain housing development on small sites.

See the Representative Projects section for the City’s recent track-record of small site development. The realistic capacity for the site is assumed to be the 68 units that are specified in the City’s RFP/Q. Since the project will be all affordable, for the purposes of counting units towards RHNA, one-third of the 68 units are allocated to each of the Extremely Low-, Very Low-, and Low-Income categories, with one Above Moderate manager’s unit. As of May 2022, the City had selected a developer and was in the process of negotiating a Lease Disposition and Development Agreement (LDDA) with them.

Site 11. Bounded by San Pablo Avenue, 40th Street, and Hollis: East Bay Bridge shopping center includes a Home Depot, Nordstrom Rack, and Safeway, and several other businesses as well as extensive surface parking. The Urban Design Element of the City's General Plan contains an existing property description and a vision for this site:
"The East Bay Bridge center is comprised of multiple regional, large-scale discount and specialty stores, as well as high-density residential development. Although the residential development in the district rises to five stories, the remainder of commercial development has a lower one-story retail profile. Aside from the housing, the entire district is served by extensive surface parking, which is divided by location and use. Thus, circulation through the site and between uses is difficult for both pedestrians and vehicles. The General Plan structures the district with a gridded street network that lays the foundation for future infill development through reuse of surface parking lots with structured parking in selected locations, or a more comprehensive redevelopment of the site with new multi-level retail uses or as part of vertically mixed-use buildings. Additionally, development will also be able to capitalize on transit access—both to the San Pablo Avenue transit center just to the east, as well as the MacArthur BART Station just ¾ of a mile away."
Land Use Policy LU-P-21 in the General Plan states “The East Bay Bridge, Powell Street Plaza, and Marketplace shopping centers shall be intensified by consolidating parking into structures and converting surface parking lots into residential and mixed-use development—including retail, hotels, and offices; expanding the city street grid through the sites; and developing new parks and public open space. Future redevelopment of these shopping centers should include at least as much retail space as existed when this General Plan was adopted.”
Staff has had recent conversations with the property owner to discuss the possibility of developing the site for mixed-use with residential should market conditions prove favorable to such development. The property owner has experience in developing and managing retail centers with significant portions of residential (such as Santana Row in San Jose) and staff has discussed the development potential of residential at this site, as well as the fact that there are no parking minimums in the City of Emeryville.

Although this is considered a large site, the 20.01 acres is made up of several distinct areas where development could be phased in the next eight years. Mixed uses are anticipated when the site is redeveloped. Therefore, realistic capacity has been calculated at 80 percent of the maximum allowable City of Emeryville 2023-2031 Housing Element Public Review Draft Housing Resources 171
base density. The estimated allocation of units to the income categories are: Extremely Low: 6 percent, Very Low: 6 percent, Low: 6 percent, Moderate: 22 percent, and Above Moderate: 60 percent.

Site 12. Bounded by Interstate 80, Powell Street, Christie Avenue, and Shellmound Street: Powell Street Plaza includes a Trader Joe’s, Marshall’s, Old Navy, and several other businesses as well as extensive surface parking. The plaza receives a high volume of visitor traffic. The City envisions a future mix of uses that incorporates residencies, convenient circulation, pedestrian safety measures, and an interesting and inviting streetscape to create a less auto-centric place. At just over 12 acres, this site is considered large; however, the City does not anticipate its size will be an impediment to redevelopment.

Mixed uses are anticipated when the site is redeveloped. Therefore, realistic capacity has been calculated at 80 percent of the maximum allowable base density. The estimated allocation of units to the income categories are: Extremely Low: 6 percent, Very Low: 6 percent, Low: 6 percent, Moderate:
22 percent, and Above Moderate: 60 percent.

The Urban Design Element of the City's General Plan contains a description of the existing area and renderings of what the Powell Street Plaza may look like as a mixed use residential development.

Land Use Policy LU-P-23 of the General Plan states “The Powell Street Plaza site shall be encouraged to redevelop as a high-intensity, high-rise, mixed-use development that complements the Powell Street entrance to the city from the freeway.”
As part of outreach to the development community, staff has reached out to the property owner in the past year to make sure that they are aware of the development potential of the site, including residential uses, and to inform them that there are no longer required parking minimums in the City of Emeryville.

Site 13. Shellmound Street and Christie Avenue: "Site B” is 3.17 acres, vacant, City-owned, and under the Surplus Land Act. The northern portion is a parking lot, and the southern portion is unimproved dirt with no uses. The City will require a certain amount of affordable units on the site. However, it is not clear at this time how many. For the purpose of counting units towards RHNA, the estimated allocations to the income categories are 20 percent to each category. The realistic units for this site are calculated at 200 percent of the base maximum density allowed because the site is completely vacant and City owned. The maximum base density of 200 percent is a conservative estimate given that the City typically requires many more units when issuing an RFP/Q for development of City-owned sites. For example, in 2021, the City issued an RFP/Q for site 10 at the northeast corner of San Pablo and 43rd Street that specified 68 units, while the base zoning for the site would only yield 16 units.

As a former redevelopment agency property, Site B is subject to the Long Range Property Management Plan (“LRPMP”) approved by the State Department of Finance on November 20, 2015. Pursuant to the LRPMP, “The intent of the Successor Agency is to transfer the assemblage of parcels known as South Bayfront Site B to the City in order to be retained for future development of a project identified in, and in accordance with, the 1976 Redevelopment Plan, the 2010-2014 Implementation Plan, and the City’s General Plan and any applicable specific plans.”
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The 1976 Redevelopment Plan identified Site B as part of “Area III” and states that the “redevelopment of this area would seek to stop the exodus of major industrial uses from the area, intensify the development of property presently underutilized and develop appropriate commercial and residential development, especially along the freeway frontage.” Additionally, the 1976 Redevelopment Plan recognizes that “the Agency may assist the development of new commercial and residential development within Area III in order to strengthen the economic and employment base of Emeryville, as well as to provide a greater residential market within Emeryville.” The 2010-2014 Implementation Plan indicates that the South Bayfront Site B project “will further serve as an end-cap for the existing Bay Street Site A mixed use development.”
The LRPMP also states “as required by Assembly Bill 470 (Government Code Section 52200 et.seq.), the City will be required to hold a public hearing and adopt findings that the sale or lease of South Bayfront Site B will assist in the creation of “economic opportunity” as defined. Section 52200.2 provides that “economic opportunity” includes projects that create affordable housing, are included in a sustainable communities strategy adopted in accordance with Senate Bill 375 or are a transit priority project as defined in Public Resources Code Section 21155.”
Site 14. 5890, 5900, and 6150 Christie Avenue: The City-owned Corp Yard is on this 2.35-acre site between Christie Avenue and Market Drive, north of 59th Street. The City plans to move the Corp Yard elsewhere and solicit development on this site. The Christie Sites were acquired by the Emeryville Redevelopment Agency using Low and Moderate Income Housing Funds and, after dissolution of the Emeryville Redevelopment Agency, were transferred to the City as a housing asset. Accordingly, these properties must be developed with affordable housing. On January 18, 2022 the City Council held a study session directing staff to prepare a Request for Qualifications/Proposals for the development of a project that prioritizes the development of dense and affordable housing on the sites. The RFQ/P is expected to be released in mid 2022.. For the purpose of counting units towards RHNA, the estimated allocations to the income categories are 20 percent to each category. The realistic units for this site are calculated at 200 percent of the base maximum density allowed because the site is completely vacant and City owned. The maximum base density of 200 percent is a conservative estimate given that the City typically requires many more units when issuing an RFP/Q for development of City-owned sites. For example, in 2021, the City issued an RFP/Q for site 10 at the northeast corner of San Pablo and 43rd Street that specified 68 units, while the base zoning for the site would only yield 16 units.

Site 15. US Spring Site: The site is 0.29 acres and located on the southwest corner of Adeline Street and West MacArthur Boulevard. This site was a former truck shop for the repair and replacement of truck springs and is currently a cannabis business that is involved in the infusion of cannabis oils into edible products and tinctures; cannabis distribution and packaging; and delivery. The property owner has submitted an application to demolish the existing building and build a new residential development. The proposal is for a seven-story, 100-percent affordable rental housing project. Units would be reserved for households with special needs who are either homeless, or at-risk of homelessness and supportive services would be provided. The project will offer approximately 90 affordable apartment units, including 22 one-bedroom units (24 percent), 67 studio units (74 percent), and one manager’s unit. All studios will be 400 square feet and one-bedroom units will be 575 square feet. A pre-application was City of Emeryville 2023-2031 Housing Element Public Review Draft Housing Resources 173
submitted in February 2021, and a Planning Commission study session was held in March of 2021. The application is still pending. The applicant, McCormack Baron and Salazar (MBS), expressed intention to apply for planning approval under SB 35, which mandates ministerial approval and AB 1763, which specifies no density limit for projects within one-half mile of transit. Although the site is considered small, development is likely to occur due to the streamlining process under SB 35 and the waiver of a density limit for projects near transit under AB 1763. Realistic capacity for this site is calculated as 90 units since there is a pending application for such a project. The realistic capacity for the site is assumed to be the 90 units that are specified in the developer’s proposal. Since the project will be all affordable, for the purposes of counting unit towards RHNA, one-third of the 90 units are allocated to each of the Extremely Low, Very Low-, and Low-Income categories, with one Above Moderate manager’s unit.

Site 16. Michael's Site: The site is currently a Michael's arts and craft store with a large surface parking lot.
"The East Bay Bridge center is comprised of multiple regional, large-scale discount and specialty stores, as well as high-density residential development. Although the residential development in the district rises to five stories, the remainder of commercial development has a lower one-story retail profile. Aside from the housing, the entire district is served by extensive surface parking, which is divided by location and use. Thus, circulation through the site and between uses is difficult for both pedestrians and vehicles. The General Plan structures the district with a gridded street network that lays the foundation for future infill development through reuse of surface parking lots with structured parking in selected locations, or a more comprehensive redevelopment of the site with new multi-level retail uses or as part of vertically mixed-use buildings. Additionally, development will also be able to capitalize on transit access—both to the San Pablo Avenue transit center just to the east, as well as the MacArthur BART Station just ¾ of a mile away."
Land Use Policy LU-P-21 in the General Plan states “The East Bay Bridge, Powell Street Plaza, and Marketplace shopping centers shall be intensified by consolidating parking into structures and converting surface parking lots into residential and mixed use development—including retail, hotels, and offices; expanding the city street grid through the sites; and developing new parks and public open space. Future redevelopment of these shopping centers should include at least as much retail space as existed when this General Plan was adopted.”
Staff has had recent conversations with the property owner to discuss the possibility of developing the site for mixed-use with residential should market conditions prove favorable to such development. The property owner has experience in developing and managing retail centers with significant portions of residential (such as Santana Row in San Jose) and staff has discussed the development potential of residential at this site, as well as the fact that there are no parking minimums in the City of Emeryville.

Mixed uses are anticipated when the site is redeveloped. Therefore, realistic capacity has been calculated at 80 percent of the maximum allowable base density. The estimated allocation of units to the income categories are: Extremely Low: 6 percent, Very Low: 6 percent, Low: 6 percent, Moderate:
22 percent, and Above Moderate: 60 percent.

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Site 17. Decathlon Site: The site is a former Decathlon sporting goods retailer with a large surface parking lot that closed in early 2022. A future tenant has not been identified. Staff has had recent conversations with the property owner to discuss the possibility of developing the site for mixed-use with residential should market conditions prove favorable to such development. Mixed uses are anticipated when the site is redeveloped. Therefore, realistic capacity has been calculated at 80 percent of the maximum allowable base density. The estimated allocation of units to the income categories are:

Extremely Low: 6 percent, Very Low: 6 percent, Low: 6 percent, Moderate: 22 percent, and Above Moderate: 60 percent.

Site 18. 40th Street between Hubbard and Horton: The site contains older, underutilized commercial buildings that are frequently advertised for lease. Current businesses on the site are Rug Depot and Bon Motif and are owned by the property owner. Staff has had multiple conversations during the 5th Housing Cycle with the current owner about the development potential of the site. Mixed uses are anticipated when the site is redeveloped. Therefore, realistic capacity has been calculated at 80 percent of the maximum allowable base density. The estimated allocation of units to the income categories are:

Extremely Low: 6 percent, Very Low: 6 percent, Low: 6 percent, Moderate: 22 percent, and Above Moderate: 60 percent.

Site 19. NE corner of Shellmound Way and Christie Avenue: The site is 1.49 acres on the northeast corner of Christie Avenue and Shellmound Way. An older, underutilized office building is on the site. The owner has expressed interest in redeveloping the site numerous times and, as of April 2022, an application has been submitted for mixed use project that includes research and development facilities and six affordable units. The estimated allocation of units based on the current application is 4 low and 2 very low units.

Site 20. NE corner of San Pablo Avenue at 47th Street: The site is 1.24 acres and on the northeast corner of San Pablo Avenue and 47th Street. An older, underutilized industrial/commercial building is on the site. The owner has expressed interest in redeveloping the site numerous times, including a mixeduse residential proposal in 2021, that was withdrawn. As of April 2021 the property is for sale and the property owner is open to discussion with housing developers, particularly those involved in affordable housing. Staff has contacted affordable housing developers to make them aware of the opportunity.

Mixed uses are anticipated when the site is redeveloped. Therefore, realistic capacity has been calculated at 80 percent of the maximum allowable base density. The estimated allocation of units to the income categories are: Extremely Low: 6 percent, Very Low: 6 percent, Low: 6 percent, Moderate:
22 percent, and Above Moderate: 60 percent.

Site 21. Atrium Building site: The site at 1650 65th Street is 7.29 acres. The site has a building currently being renovated for office and research and development uses, as well as a vocational school in separate buildings. The owner has expressed interest in redeveloping the site, including in 2021 when a mixed use residential project was submitted and withdrawn. While the one building is being renovated, a significant part of the site remains available for potential redevelopment. Subsequently, mixed uses are anticipated when the site is redeveloped. Therefore, realistic capacity has been calculated at 80 percent of the maximum allowable base density. The estimated allocation of units to the income City of Emeryville 2023-2031 Housing Element Public Review Draft Housing Resources 175
categories are: Extremely Low: 6 percent, Very Low: 6 percent, Low: 6 percent, Moderate: 22 percent, and Above Moderate: 60 percent.

6.2 Additional Opportunities for Residential Development and Affordable Housing
Emeryville has a strong track record of developing housing and creating affordable housing in addition to those units identified in its Housing Element Site Inventory by:
• Adding Accessory Dwelling Units (ADUs),
• Increasing the density of developed properties in the RM and Mixed-Use zones by adding more dwelling units,
• Using unique opportunities to increase affordable housing, such as preservation of existing units.

Despite the City’s proven track record of adding residential units (particularly affordable units) by these methods, in an effort to maintain a conservative count and methodology for RHNA, the only types of these units that are included in Table 6-1 (Capacity to Accommodate the 2023–2031 RHNA) are ADUs.

6.2.1 ACCESSORY DWELLING UNITS
During the 5th cycle planning period, as of October 2021, a total of 13 applications for a total of 16 ADUs were approved, including:
• Two in 2016
• Zero in 2017
• Zero in 2018
• One in 2019
• Eight in 2020
• Five in 2021
The average annual number of approved applications from 2018 through 2021 (four years) was 3.5.

Assuming the same rate for the duration of the 6th cycle planning period and including those units already approved but not constructed, the City anticipates that 30 ADUs will be constructed during the planning period.

Association of Bay Area Governments (ABAG) provided guidance to its jurisdictions for considering ADU affordability levels while developing their Housing Element sites inventory analyses. The guidance is based on a 2020 report by the Center for Community Innovation at the University of California (UC) at Berkeley, “Implementing the Backyard Revolution: Perspectives of California’s ADU Homeowners.” In a memo dated September 8, 2021, ABAG presented a recommendation for assumptions for Housing Elements and describes them as more conservative than the results found in the UC Berkeley report.

ABAG recommends that jurisdictions anticipate that the affordability of ADUs will breakdown as:
• 30 percent will be affordable to Very Low Income (0-50 percent area median income [AMI]) • 30 percent will be affordable to Low Income (51-80 percent AMI) City of Emeryville 2023-2031 Housing Element Public Review Draft Housing Resources 176
• 30 percent will be affordable to Moderate Income (81-120 percent AMI) • 10 percent will be affordable to Above Moderate Income (120+ percent AMI) As shown in Table 6-1, a more conservative approach is taken for counting Emeryville’s ADUs towards the City’s RHNA, with 10 each counted in the Low, Moderate, and Above Moderate-income categories.

6.2.2 ADDING UNITS IN THE RM ZONE
While only one parcel (49-1177-6-4, one of three parcels that make up Site 21) listed in the site inventory is located in the RM zone, in addition to ADUs, City staff anticipate additional residential development in areas zoned RM as owners of properties with existing units decide to add new residential units. Duplexes are a permitted use in the RM zone, and multi-unit residential properties may be approved with a Minor Conditional Use Permit if they do not exceed the base FAR or residential density levels. Additionally, Programs B and LL will help to facilitate additional housing units in the RM zone by permitting up to four units by-right and removing base FAR and density maximums. There have been six examples of this type of development in the RM zone during the 5th Housing Element Cycle (as of April 2022), resulting in 11 new housing units:
• 1270 Ocean Avenue (demolition of a single-unit replaced by three units) • 1017 47th Street (additional unit and two ADUs on a property with one existing unit) • 5534 Beaudry Street (additional unit and two ADUs on a property with one existing unit) • 1036 45th Street (additional unit on a property with two existing units) • 5874 Beaudry Street (additional unit on a property with two existing units) • 1291 55th Street (additional unit on a property with one existing unit) All of these developments have occurred on parcels smaller than a quarter of an acre. More information is provided below in the Representative Projects Section.

6.2.3 ADDING UNITS IN MIXED USE ZONES
In addition to sites in the RM zone, there is precedent for small sites in Mixed Use Zones to be developed that have not been identified in the Site Inventory List. 3600 San Pablo is a site of less than a half-acre that was approved under SB 35 in MURS zone for 90 residential units, 89 of which are affordable. As of April 2022 plans were under Building permit review. More information is provided below in the Representative Projects Section.

6.2.4 UNIQUE OPPORTUNITIES TO INCREASE AFFORDABLE HOUSING.

One approach to creating affordable housing is to convert existing market-rate units to deed-restricted affordable housing. In limited quantities, HCD may allow a jurisdiction to include this type of conversion as another non-site-specific approach with anticipated units counted towards a jurisdiction’s lowerincome RHNA. While Emeryville is not counting any units towards its 2023-2031 RHNA for converting existing housing as affordable, it’s important to note that this technique continues to be a successful method for the City to facilitate affordable housing. For example, as part of the EmeryStation Overland project, 10 units will be converted from market rate to affordable. The developer is proposing to create City of Emeryville 2023-2031 Housing Element Public Review Draft Housing Resources 177
these affordable units as a way to obtain development bonus points to increase the height of the proposed structure, using the City’s existing development bonus system. The developer is earning a portion of the bonus points that are required to increase the height of the project by preserving 10 existing live/work units in a building adjacent to the proposed project as affordable (three very lowincome and seven low-income units).

6.3 Environmental Considerations

6.3.1 TOXIC CLEANUP
As noted in Section 4, Constraints, the City has implemented and will continue to implement a Brownfield Program to use grant funds to clean up City-owned land and to distribute assessment and clean-up loans to private property owners. This program has been instrumental in expediting the cleanup of many sites. (Program S.)

6.3.2 HAZARDS
The City’s 2019-2024 Local Hazard Mitigation Plan Update identifies and evaluates potential natural and human-made hazards that may affect the city and presents mitigation strategies that the City can take to address these hazards. The sites in the Housing Element land inventory were screened for potential hazards, including tsunamis, liquefication, sea-level rise (SLR), landslides, and floods (see Table 6-4).

6.3.2.1 Tsunamis
A tsunami is a wave or series of waves activated by an earthquake, landslide, and volcanic eruption. 10 As
shown in Table 6-4, sites 2, 3, 4, 7, 8, 12, 13, 14, 18, 19, and 20 are located in a tsunami zone;11 however, they are not considered undevelopable. Tsunamis are rare and the City does not have regulations specific to building within a tsunami zone. The City’s 2019-2024 Local Hazard Mitigation Plan Update describes the actions the City may take to mitigate risk associated with tsunamis, including placing evacuation route signs on streets and enhancing emergency response and recovery capacity. 10 California Department of Conservation, 2021, “Tsunami Educational Materials and FAQ,” 11 State of California, 2009, Tsunami Inundation Map for Emergency Planning, Map name Quadrangle, County name County; produced by California Emergency Management Agency, California Geological Survey, and University of Southern California – Tsunami Research Center; dated date on the map, mapped at 1:24,000 scale
City of Emeryville 2023-2031 Housing Element Public Review Draft Housing Resources 178

6.3.2.2 Liquefication
Liquefication is a phenomenon in which the strength and stiffness of a soil is reduced by earthquake shaking or other rapid loading.12 It is loose, water-saturated sediments that lose durability and fail during strong ground shaking.13 As shown in Table 6-4, all sites in the land inventory are in a liquefication zone; however, they are not considered undevelopable. The entire City of Emeryville lies within a liquefication hazard zone.14 The City does not have regulations specific to building within a liquefaction zone. The City’s 2019-2024 Local Hazard Mitigation Plan Update identifies the steps the City may take to mitigate risk associated with liquefication, including edge containment structures (e.g., berms, dikes, retaining walls, etc.), driving piles, removal or treatment of liquefiable soils, or modifications of site geometry.

6.3.2.3 Sea-Level Rise
The Bay Area Sea-Level Rise Analysis and Mapping Project published the 2017 report, Adapting to Rising Tides, which provides SLR inundation maps indicating the depth of inundation or flooding over land and water features. Several scenarios are provided with varying ranges of SLR depth and severity of potential storm surges. In the map characterized in the report as the most likely scenario for the year 2050, lowlying areas are shown with 12 inches of SLR, relative to levels in the year 2000. None of these inundation areas intersect with sites in the inventory. The City’s 2019-2024 Local Hazard Mitigation Plan Update describes steps the City may take to mitigate risks associated with SLR, such as restoring and building up wetlands along areas of risk of inundation propagated by SLR.

6.3.2.4 Landslides
Landslides are the movement of a mass of rock, debris, or earth down a slope15 and are induced by strong earthquakes and heavy rain.16As shown in Table 6-4, according to the California Geological Survey Map, sites 5 and 10 are susceptible to deep-seated landslides. The California Geological Survey Map relies on regional estimates of rock strength and steepness of slopes since weak rocks and steep slopes are most likely to generate landslides17. The map identifies site 5 and 10 as a class 7 susceptibility on a scale from 0 to 10, low to high18. However, like the rest of Emeryville, sites 5 and 7 are relatively flat. According to the City’s 2019-2024 Local Hazard Mitigation Plan Update, Emeryville is not susceptible to earthquake-triggered landslides.
12 Local Hazard Mitigation Plan Update, 2019, “Earthquakes.” 13 California Department of Conservation, 2021, “Tsunami Educational Materials and FAQ.” 14 Local Hazard Mitigation Plan Update, 2019, “Earthquakes.” 15 United States Geological Survey,2022, “What is a landslide and what causes one?” 16 California Department of Conservation, 2021, “DOC Maps: California Geological Survey,” California Landslide Inventory. 17 Susceptibility to Deep-Seated Landslides in California Alternate titles California Geological Survey Map Sheet 58 Publication date2011-05- 0100:00:00 Revision date2018-09-2400:00:0
18 Susceptibility to Deep-Seated Landslides in California Alternate titles California Geological Survey Map Sheet 58 Publication date2011-05- 0100:00:00 Revision date2018-09-2400:00:0
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6.3.2.5 Floods
Floodplains are any land area subject to inundation by floodwaters of any source. The map used to screen the sites for flood hazards is the Best Available Map (BAM) developed by the Department of Water Resources (DWR). It displays potential exposure to flooding for three different storm events: one with storm flows that have a 1- percent chance of being equaled or exceeded in any year (100-year), one with storm flows that have a 0.5- percent chance of being equaled or exceeded in any year (200-year), and one with storms flows that have a 0.2-percent chance of being equaled or exceeded in any year (500-year).
19 According to the BAM, no sites were identified to be in either a DWR 100-year Flood Zone, Federal Emergency Management Agency (FEMA) 100-year Flood Zone, or a FEMA 500-year Flood Zone.

Table 6-4: Potential Hazards by Site
Site
Number
In Tsunami
Zone
In Liquefaction
Zone
In SLR
Zone
In Landslide
Hazard Zone
In DWR
100- Year
Flood Zone
In FEMA
100- Year
Flood Zone
In FEMA 500-
Year Flood Zone
1 No Yes No No No No No
2 Yes Yes No No No No No
3 Yes Yes No No No No No
4 Yes Yes No No No No No
5 No Yes No No No No No
6 No Yes No No No No No
7 Yes Yes No Yes (zone 7) No No No
8 No Yes No No No No No
9 No Yes No No No No No
10 No Yes No No No No No
11 No Yes No No No No No
12 Yes Yes No Yes (zone 7) No No No
13 Yes Yes No No No No No
14 Yes Yes No No No No No
15 No Yes No No No No No
16 No Yes No No No No No
17 No Yes No No No No No
18 Yes Yes No No No No No
19 Yes Yes No No No No No
20 No Yes No No No No No
21 Yes Yes No No No No No
Sources: See footnotes and associated narrative above Table 6-4. 19 California Department of Water Resources 2002, “Best available Maps.” City of Emeryville 2023-2031 Housing Element Public Review Draft Housing Resources 180

6.4 Facilities and Infrastructure
Public facilities and infrastructure have a direct influence on a city’s ability to accommodate residential growth. All sites in the inventory have access to facilities and infrastructure, including dry utilities. As an older city, Emeryville has had a water supply system in place for many years. The former industrial users demanded large quantities of water to serve their businesses, so the system was built to accommodate large capacities. The system is regularly maintained and upgraded to serve densification. Currently, the water supply system has capacity for growth. Where there is insufficient localized capacity to serve proposed development, upgrades or installations are required as conditions of project approval.

See the Constraints section for information on infrastructure, including water supply, wastewater treatment, and dry utilities. The Assessment of Fair Housing section has details on the sites’ locations as related to the fair housing factors, including proximity to facilities, including schools, parks, grocery stores, and public transit.

6.5 Representative Projects
As a small urban community, the City of Emeryville is uniquely skilled in the review and facilitation of nonvacant and small sites because nearly all development in the City takes place on nonvacant and small sites. The City’s General Plan and Planning Regulations are designed with redevelopment in mind generally, and particularly dense, urban redevelopment. This is reflected by high development intensity limits (including density, height and Floor Area Ratio) and no parking requirements. Coupled with these regulations, the City’s permitting process for development is streamlined and minimizes the number of public meetings required to issue development permits. Emeryville does not have a separate design review board, no historic districts, and no special commissions/committees with land use or development approval authority. The City staff that process development entitlements and building permits all possess extraordinary experience in redevelopment of urban areas, which further facilitates the redevelopment process. Combining these factors reduces the risk and costs associated with predevelopment, which makes redevelopment in Emeryville more feasible than in area communities that do not have these characteristics (holding all other factors constant).

Additionally, with regard to Affordable Housing the City has significant financial resources available to facilitate redevelopment. The City dedicates 20 percent of residual property tax increment revenues to affordable housing and has obtained voter authorization to issue $50,000,000 in general obligation bonds to support affordable housing.

Table 6-5 includes multiple projects constructed in Emeryville in mixed use zones on sites larger than an acre. These sites result in residential densities of between 47 percent of base density (Parcel C), and 246 percent of base density (Sherwin-Williams Building B1), with an average density of 167 percent over base. Parcel C is an outlier, as it is the only project under 100 percent of base, and it is housing developed as a wrap for a commercial use and parking structure to maximize utility of the site. All of these projects include reserved affordable, Below Market Rate (BMR) units, as identified in the table.

Redevelopment of previously developed sites is commonplace in Emeryville. Table 6-5 describes the former uses of each site. Infill development is encouraged in Emeryville.

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Table 6-5: Representative Projects
Project Name Project Location Status
GP /
Zone
Acreage
Dwelling
Units
Allowed Density
(units per acre)
Base/Bonus
Actual Project
Density
(units per acre)
Allowed FAR
Base/
Bonus
Actual
Project
FAR
Below Market Rate (BMR) Units
Very Project Description and Prior Uses
Low
Low Moderate
Total
BMR
The Intersection
Mixed-Use Project
(Maz Site)
3800 San Pablo
Avenue
Certificate of Occupancy
issued
09/21/2021
MURS 1.1 105 50 / 100 95 1.5 / 3.0 2.24 0 11 0 11
Reuse of an existing 25,000 square foot building
for commercial uses and a new 105-unit rental
apartment building and parking structure on the
existing surface parking lot. Prior uses included
commercial showroom, storage, minor office use
and a surface parking lot.

Sherwin-Williams
Building B1 1450 Sherwin Avenue
Building Permit issued
May 6, 2020; currently under
construction.

Estimated completion: mid
May 2022
MUR 0.52 64 50 / 100 123 1.5 / 3.0 3.42 2 4 5 11
New construction: residential with ground floor
retail. Part of the larger Sherwin-Williams
Redevelopment project. Former use: paint
factory.

Sherwin-Williams
Building B2 1450 Sherwin Avenue
Building Permit issued
April 2, 2020; currently
under construction.

Estimated completion: mid
May 2022
MUR 1.48 130 50 / 100 88 1.5 / 3.0 2.79 8 8 6 22
New construction: residential with ground floor
retail. Part of the larger Sherwin-Williams
Redevelopment project. Former use: paint
factory.

Estrella Vista 3706 Adeline Street Constructed and fully occupied in 2017 MURS 1.13 87 50 / 100 77 1.5 / 3.0 - 70 16 0 86 87 rental apartments (studios, one-, two-, threeand four-bedroom units), ranging in size from 569 square feet to 1,572 square feet. Reserved as
affordable for 20-60 percent AMI, plus an on-site
manager unit. Former use: blighted commercial
buildings that had to be demolished for public
safety.

Parcel C (w/
groundfloor retail) 5900 Shellmound Planning Approval Granted May 28, 2015 MUR / PUD-2 1.65 66 85 / 170 40 - 1.4 0 3 4 7 FAR lower because garages don’t count towards
FAR. Garage and ground floor commercial primary
uses of building. Parking garage wrapped with
residential units. The site was previously used as a
parking lot.

Emme 6350 Christie Avenue CO issued 12/14/2016 MUR / PUD-2 1.2 190 85 / 170 158 3.0 / 6.0 3.41 29 0 0 29 A new residential building. Phase one of the
Marketplace Redevelopment Project Planned Unit
Development (PUD). The site was previously used
as a parking lot.

Source: City of Emeryville 2022
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Table 6-6 contains all of the projects during the 5th Housing Element Cycle through 2021 that contribute to the City’s RHNA that are on sites of less than 0.5 acres. These 11 projects include:
• Three projects on sites of between 0.25 – 0.5 acres. These three projects are located in the RMH or MURS zone and have densities of dwelling units per acre between 142 percent - 474 percent over maximum base density. The first two projects (Baker Metal and 65th Street Multi-Unit Residential Project) demonstrate that the development bonus system, unique to the City of Emeryville, is effective in obtaining densities over the maximum base. The third project (Nellie Hannon Gateway) was the first project in Emeryville approved using SB 35, resulting in 90 new units, 89 of which are affordable. These projects demonstrate not only the feasibility of developing sites of less than half an acre, but that projects between 0.25 – 0.5 acres can generate a high number of units when using the City’s development bonus system or SB 35. • The remaining eight projects are all in the RM zone, and all of the projects are on lots less than

0.25 acres. Only one of the sites did not maximize the number of units permitted under base zoning, Of note, two of these projects (Additional Unit at 1017 47th Street and Additional Unit at 5534 Beaudry Street) were single-unit buildings, turned in to duplexes. Not conveyed on this chart is that both properties also added two ADUs, effectively turning a single-unit property into a four-unit property. These projects demonstrate the robust opportunities available in Emeryville to add additional units to sites of under 0.25 acres.

Table 6-7 contains all of the projects during the 5th Housing Element Cycle through 2021 that were not included in the 5th Cycle Site Inventory List. These seven projects demonstrate that there are many additional opportunities for residential development outside of those included in the Site Inventory List, and that with opportunities such as SB 35, these sites may contribute significantly to the City’s ability to provide affordable housing units. Aside from the one project in the MURS zone (Nellie Hannon Gateway) that used SB 35 to obtain 474 percent of base density, all of the projects are in the RM zone and include units at 100 percent of base density. Additionally, all of these projects are on sites of less than a halfacre, demonstrating that lot size is not an impediment to development in the City of Emeryville.

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Table 6-6: Projects on Less Than 0.5 Acres Under 5th Cycle RHNA Project Name Address/ APN(s) General Plan Land Use Zoning Acres Max. Base
Density
(Du/Ac)
Max. Units
at Base
Density
Existing Unit
to be
Demolished
Existing Units
to Remain
Approved
New Unit
Total
Units
MAX Base
FAR2
MAX Base
Height
(feet)
Percentage of Total
Units Compared to
Base
Baker Metal Live/ Work 1265 65th Street 049-1504-002 Medium High-Density Residential
Medium High-Density
Residential (RMH) 0.3 35 12 0 _ 17 17 1 30 142%
65th Street Multi-Unit
Residential Project 1225 65th Street 049-1504-008 Medium High Density Residential Medium High Density
Residential (RMH) 0.4 35 14 0 _ 24 24 1 30 171%
Nellie Hannon Gateway 3600, 3610, and 3620
San Pablo Avenue
049-0950-006-01,
049-0950-008-01,
049-0950-001
Mixed Use with
Residential
Mixed Use with
Residential South (MURS) 0.375 50 19 0 _ 90 90 1.5 40 474% Ocean Avenue
Townhomes 1276 Ocean Avenue 049-1469-012, 049-1469-013 Medium Density Residential Medium Density
Residential (RM) 0.2 20 4 0 0 5 5 0.5 30 125%
Two-Unit Development
Ocean Lofts 1258 Ocean Avenue 049-1469-006 Medium Density Residential Medium Density
Residential (RM) 0.13 20 3 0 0 2 2 0.5 30 67%
New Residential Unit 1056 45th Street 049-1174-019 Medium Density Residential
Medium Density
Residential (RM) 0.17 20 3 0 2 1 3 0.5 30 100%
Ocean View Replacing
Single with Triplex 1270 Ocean 049-1469-010 Medium Density Residential Medium Density
Residential (RM) 0.13 20 3 1 0 3 3 0.5 30 100%
1036 45th Street Second
Unit (not ADU) 1036 45th Street 049-1174-010 Medium Density Residential Medium Density
Residential (RM) 0.11 20 2 0 1 1 2 0.5 30 100%
Duplex Conversion 1291 55th Street 049-1184-014 Medium Density Residential
Medium Density
Residential (RM) 0.09 20 2 0 1 1 2 0.5 30 100%
Additional Unit 1017
47th Street 1017 47th Street 049-1174-055 Medium Density Residential Medium Density
Residential (RM) 0.12 20 2 0 1 1 2 0.5 30 100%
Additional Unit 5534
Beaudry Street 5534 Beaudry Street 049-1312-026 Medium Density Residential Medium Density
Residential (RM) 0.11 20 2 0 1 1 2 0.5 30 100%
Total 2.135 Total 66 1 Total 146 151 Average 140%
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Table 6-7: Projects That Count Towards 5th Cycle RHNA That Are Not On the 5th Cycle Site Inventory List Project Name Address/ APN(s) General Plan Land Use Zoning Acres Max. Base
Density
(Du/Ac)
Max. Units
at Base
Density
Existing Unit
to be
Demolished
Existing
Units to
Remain
Approved
New Units
Total New
Units
MAX Base
FAR2
MAX Base
Height (feet)
Percentage of
Units Compared
to Base
Nellie Hannon Gateway 3600, 3610, and
3620 San Pablo Avenue
049-0950-006-01,
049-0950-008-01,
049-0950-001
Mixed Use with Residential Mixed Use with
Residential South (MURS) 0.375 50 19 0 _ 90 90 1.5 40 474% New Residential Unit 1056 45th Street 049-1174-019 Medium Density Residential Medium Density Residential (RM) 0.17 20 3 0 2 1 3 0.5 30 100%
Ocean View Replacing
Single with Triplex 1270 Ocean 049-1469-010 Medium Density Residential Medium Density Residential (RM) 0.13 20 3 1 0 3 2 0.5 30 100% 1036 45th Street
Second Unit (not ADU) 1036 45th Street 049-1174-010 Medium Density Residential Medium Density Residential (RM) 0.11 20 2 0 1 1 2 0.5 30 100% Duplex Conversion 1291 55th Street 049-1184-014 Medium Density Residential Medium Density Residential (RM) 0.09 20 2 0 1 1 2 0.5 30 100%
Additional Unit 1017
47th Street 1017 47th Street 049-1174-055 Medium Density Residential Medium Density Residential (RM) 0.12 20 2 0 1 1 2 0.5 30 100% Additional Unit 5534
Beaudry Street 5534 Beaudry Street 049-1312-026 Medium Density Residential Medium Density Residential (RM) 0.11 20 2 0 1 1 2 0.5 30 100% Total 1.11 Total 33 1 Total 98 103 Average 153%
Average Lot Size 0.16

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6.6 Financial and Administrative Resources

6.6.1 EMERYVILLE’S PROGRAMS AND FINANCING

6.6.1.1 Homeless Prevention & Mitigation Programs
In 2018, Emeryville adopted a Homelessness Strategy which is designed to address the problems of homelessness in Emeryville and to work with existing funders, providers, and neighboring jurisdictions to provide a coordinated response to homelessness. The Homeless Strategy includes a list of action items for the following objectives:
• Prevent at-risk persons from becoming homeless or returning to homelessness • Remove barriers to accessing homeless services
• Collaborate across sectors and systems
• Provide housing services
• Ensure safe living conditions for individuals experiencing homelessness as well as individuals residing in surrounding areas
In support of the objectives above, the City provides financial assistance in support of the following programs:
• Rapid Re-Housing program provides time-limited rental assistance and case management services to assist those experiencing homelessness in securing an apartment. • Emerging Needs Fund covers immediate needs of people at risk or experiencing homelessness and addresses public health issues and emergencies related to homelessness. • Street Outreach and Harm Reduction engages, build relationships, and coordinate services for those experiencing homelessness.
• Winter Shelter Services at the Society of St. Vincent de Paul dedicates up to 100 beds for those experiencing homelessness.
• North County Family Front Door administers the coordinated entry system for families experiencing a housing crisis.

As stated in Program BB, the City will continue to support the Homeless Prevention and Mitigation program to address displacement and housing stability issues for this special needs population.

6.6.1.2 Tenant Protections Policies and Programs
The goal of the Tenant Protection Policies and Programs is to ensure the rights and stability of tenants residing in Emeryville are protected. The City has adopted a series of policies to assist in preventing tenant displacement. The following administrative policies were adopted:
• Residential Landlord and Tenant Relations Ordinance to limit the reasons why landlords may terminate a tenancy in accordance with state laws, prohibits harassment of residential tenants, requires tenants be provided with notices of tenant rights under the ordinance, as well as a mandate that landlords use a form notice of termination of tenancy and provide a copy of the City of Emeryville 2023-2031 Housing Element Public Review Draft Housing Resources 188
completed notice and applicable rental agreement to the City. The Ordinance requires landlords that do a no fault termination to 1) provide the tenant with a right to return to and rent the unit when the landlord returns the unit to the rental market for substantially the same material terms as the prior rental agreement when it is placed back in service for residential rental purposes and 2) Provide the tenant with relocation assistance by the last day of tenancy for which the landlord has received rent. This ordinance is implemented by a non-profit organization that provide mediation services and educational workshops funded by the City. • Urgency Residential Eviction Moratorium Ordinance to create housing stability for impacted residents that are unable to pay rent or homeowners that are unable to pay Homeowner Association assessments, due to a loss of income during the COVID-19 State of Emergency. • Rental Repayment Plan Ordinance to support tenants by providing them up to 12 months to repay unpaid rent upon the expiration of Emeryville Eviction Moratorium before being eligible for eviction for non-payment of rent.

Additionally, the City provides financial support through the general fund and Community Development Block Grant (CDBG) program for the following Tenant Protection Programs:
• Housing related legal assistance for low income residents • Fair Housing and Tenant/Landlord counseling for low income residents • Emergency Rental Assistance for residents below 100% AMI that were unable to pay rent due to a loss of income during the COVID-19 State of Emergency As stated in Programs J, R, O, AA, CC, FF, and QQ, the City will continue to support the tenants of varying income categories preserve their housing and mitigate displacement.

6.6.1.3 Affordable Housing Bond Administration and Expenditure Plan On June 5, 2018, during a Special Election, over two-thirds of Emeryville voters approved Measure C.

Measure C allows the City to issue $50,000,000 in bonds to provide affordable housing. The plan governs the implementation of Measure C Bond funds, as well as the other Affordable Housing financial resources. The plan itemizes:
• Physical resources (four properties), including Housing Successor Assets and City-Owned Assets • Financial Resources, including Measure C Affordable Housing Bond Funds, Low- and ModerateIncome Housing Asset Funds (LMIHAF), Affordable Housing Fund, Affordable Housing Impact Fee, and Measure A1 (Alameda County). These total approximately $64,000,000 in financial resources.

The object and purpose of issuing the bonds is to finance the costs of providing and/or enhancing the acquisition or improvement of real property to provide affordable housing for extremely low-, very low-, low-, and middle-income individuals and families, including vulnerable populations, such as veterans, seniors, local artists, the disabled, current, or former foster youth, victims of abuse, people experiencing homelessness and individuals suffering from mental health or substance abuse illnesses. Projects to be financed through Measure C may include:

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• The acquisition or improvement of real property to produce new affordable housing projects. • The rehabilitation of existing multifamily projects that are affordable to extremely low-, very low-, low-, and moderate-income families and individuals. • Acquisition of additional affordability commitments in new, privately developed mixed-income projects for veterans, seniors, the disabled, current or former foster youth, victims of abuse, people experiencing homelessness, and individuals suffering from mental health or substance abuse illnesses.
• Help low- and middle-income households, including local artists, purchase homes and stay in the community with first-time homeowner loans.
• Prevent displacement of vulnerable populations in Emeryville, including extremely low-, very low-, low-, and moderate-income households, veterans, seniors, and people with disabilities. • Provide permanent supportive housing for people experiencing homelessness.

The plan allocates resources between two initiatives: Preservation and Production. The Preservation Initiative includes five programs: Retention of BMR Homebuyer Units, Homebuyer Assistance, Foreclosure Prevention, Rental Preservation, and Special Needs Housing. The Production Initiative includes two programs: Rental Development and Housing Opportunities.

The retention of BMR Homebuyer Units aims to preserve the affordability restriction on 4 BMR homeownership units for households at low to moderate incomes. As of 2021, 4 moderate units have been purchased. The Homebuyer Assistance Program assists low to moderate-income first-time homebuyers purchase a home through a loan. The foreclosure prevention programs assist low to moderate income Emeryville homeowners and prevents foreclosure through a one-time mortgage loan.

Through the Rental Preservation program, rental rehabilitation loans are provided to owners to make needed improvements to the condition of low-cost rental housing units occupied by very low-income tenants or disabled tenants. Lastly, the Special Needs Housing Opportunities program aims to incentivize the creation of additional BMR units at existing Rental Development that are very low, low and moderate income for a 15-year term.

The plan also establishes performance measures for each of its affordable housing programs, and outlines accountability measures as required for the Measure C bond funds. The various preservation and production programs financed through Measure C will be incorporated into Programs G, H, I, J, K, M, and Y.

6.6.1.4 Below-Market Rate Ownership Program
Below-Market Rate (BMR) units are homes whose values are legally restricted to keep their prices affordable for households at or below certain designated income levels. Newly created BMR homes are sold to qualifying households by the developers of the project using a lottery system. Once the initial owners are ready to sell, and with each subsequent resale, the homes must be sold for an affordable price to a qualifying buyer. When an owner wants to sell their BMR, the City determines a maximum sale price, ensures the unit is in good condition, verifies eligibility of the buyer, and facilitates certain aspects of the transfer. There are currently 186 BMR units within the City’s portfolio that are monitored City of Emeryville 2023-2031 Housing Element Public Review Draft Housing Resources 190
annually for ownership compliance and on average 7 BMR units are resold to income eligible households on an annual basis.

The City has required all developers of Below Market Rate (BMR) Housing Units, to create a Marketing Plan to be approved by the City prior to the sale and leasing of the BMR units for many years. The City will continue to implement this requirement but will expand the requirements of the Marketing Plan to Affirmatively Further Fair Housing (Program PP.)

6.6.1.5 First-Time Homebuyer Loan Program
The First-Time Homebuyer (FTHB) Loan Program provides down payment assistance to households at or below moderate income that are purchasing a market-rate or co-op home in Emeryville, in the form of a low-interest, deferred-payment loan.

Key program details include the following:
• The loan interest rate is 75 percent of the first mortgage interest rate, or 5 percent, whichever is less.
• The borrower must make at least a 3-percent down payment and occupy the unit as a primary residence during the duration of the loan term.

The maximum loan amount from the City is the least of the following:
• 150 percent of buyer’s down payment
• 20 percent of sale price in contract
• 20 percent of maximum price from the then-current housing affordability table on the City’s website
• The buyer’s income must be at or below 120 percent of the AMI based on household size. To view the current income limits, which the City updates annually. • The loan is due upon sale or transfer, when the unit ceases to be owner-occupied, or in 30 years, whichever comes first.

In recent years, the City has experience a substantial decrease in the number of applications for the FTHB program. The City will be considering a variety of program modifications (Program M), in the near future, to increase utilization of the program. As outlined in Program M, the City will support the Alameda County (AC) Boost Down Payment through assisting the County in marketing the program to Emeryville residents looking to purchase a home. The City will also support the County in advertising the availability of the Mortgage Credit Certificates. Overall, the City will evaluate making additional modifications to its FTHB programs be easing the borrower requirements and/or increasing the loan amount for potential homebuyers in looking to purchase in a Low Resource Area.

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HOUSING REHABILITATION PROGRAM
This program offers grants and loans to lower-income homeowners for home repairs, accessibility improvements, exterior painting and cleanup, and building code compliance improvements. The program is funded through Community Development Block Grant (CDBG) funds and general fund for the following programs:
• Accessibility Grant – Offers eligible accessibility modification to residences occupied by disabled low-income tenants, as well as to disabled low-income homeowners. • Minor Home Repair Program – A grant available to low-income, single-family, owner-occupied residences. Eligible repairs include, but are not limited to, leaky faucets, faulty outlets, installation of a water heater, and deadbolt locks.
• Owner-Occupied Housing Rehabilitation Loan Program – Intended to bring homes occupied by low-income households into compliance with the City’s Building Code through low-interest loans and technical assistance.

As stated in Programs X and Y, the City will continue to support the Housing Rehabilitation Program to preserve and improve the city’s existing housing stock.

6.6.2 REGIONAL PROGRAMS AND FINANCING

6.6.2.1 Alameda County Mortgage Credit Certificates
The Alameda County Department of Housing and Community Development administers the Mortgage Credit Certificate (MCC) Program for Alameda County, including Emeryville, which provides a tax credit to subsidize mortgage interest rates for low- and moderate-income first-time homebuyers. As stated in Program M the City will work with Alameda County to advertise the availability of the MCC Program to prospective homebuyers in Emeryville.

6.6.2.2 Alameda County Down Payment Assistance Program
Alameda County is currently offering a Down Payment Assistance Program called AC Boost. AC Boost provides financial assistance to middle-income working households to purchase a home in Alameda County. The program offers loans of up to $150,000 to first-time homebuyers who live in, work in, or have been displaced from Alameda County. Limited preference is given to first responders and educators (including public school employees and childcare providers). (Program M)

6.6.2.3 Measure A1
In June 2016, the Alameda County Board of Supervisors placed a General Obligation Bond on the ballot to increase affordable housing countywide. In November 2016, 73 percent of voters supported Measure A1. Measure A1 generates $580,000,000 for a range of affordable housing projects and programs in Alameda County. Of this amount, $225,000,000 is designated for “Base City Allocations” based on city population. The City of Emeryville’s Base City Allocation is approximately $2,500,000. Funding can be used to assist qualifying households with home purchases, homeowner rehabilitation, development of City of Emeryville 2023-2031 Housing Element Public Review Draft Housing Resources 192
new ownership and rental projects, and the preservation of affordable housing. (Programs G, H, X, Y, A, I, M, and P)

6.6.2.4 Renew AC
Alameda County is currently offering housing rehabilitation loan program for homeowners residing in Alameda County, who have a household income of less than 80% AMI, that need to make renovations necessary to grow, stay and thrive in their homes. Renew AC provides 1% interest loan from $15,000 to $150,000 to qualified homeowners in which payment is deferred until the home is sold. (Program X)

6.6.2.5 AC Secure
AC Housing Secure is a tenant assistance and legal service program designed to prevent the displacement of the most vulnerable community members throughout Alameda County. The program offers up to 12 months of past due rent and 3 months of future rent to households below 80% AMI and provides free legal services to low income tenants and homeowners disproportionately impacted by the region’s housing affordability crisis and the COVID-19 pandemic. (Program QQ)

6.6.3 ALAMEDA COUNTY AFFORDABLE HOUSING PORTAL
The Alameda Affordable Housing Portal aims to become a “one-stop-shop” for affordable housing. The portal provides tools for developers to simplify the marketing, leasing and management of their affordable housing units, as well as provides those seeking affordable housing opportunities in Alameda County the ability to search the platform to identify properties with available affordable units and submit a common short form application to make the experience of applying for housing easier. The City will continue to collaborate with Alameda County on the Alameda Affordable Housing Portal and continue to support the development of a Bay Area Regional Housing Portal (a.k.a “Doorway”), which is envisioned to provide a simple and equitable way for residents to find and apply for affordable housing throughout the Bay Area and is working to create a unified platform with transparent processes from marketing to move-in. (Program RR.)

6.6.4 PRIORITY DEVELOPMENT AREA DESIGNATION
In 2008, ABAG approved Emeryville’s application for PDA designation in conjunction with the FOCUS program to advance the region’s Smart Growth Strategy/Regional Livability Footprint. PDAs are areas that are already developed, near existing transit service, and planned for additional jobs and housing.

The Emeryville PDA includes much of the city, with the exception of the existing lower-density neighborhoods and the area west of Interstate 80. Local governments with PDAs are eligible for technical assistance, planning grants, and capital funding. As stated in Program W the City will encourage new housing within the PDA and maximize PDA-linked resources.

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6.6.5 STATE AND FEDERAL FINANCING SOURCES
State and federal financing sources are available to assist in the development of affordable housing; however, the demand for funds often greatly outweighs the available supply. HUD oversees many programs, including CDBG, the HOME Investment Partnership Program, Section 811 housing for disabled persons, Section 202 senior housing, Housing Opportunities for People with AIDS (HOPWA), and the McKinney Homeless Assistance Act’s Supportive Housing Program and Shelter Plus Care Program. The Alameda County Housing and Community Development Department serves as the conduit for the CDBG, HOME, and McKinney programs on behalf of the City of Emeryville. Emeryville has a successful history of assisting in the development of affordable housing by leveraging available federal funds.

Low-Income Housing Tax Credits (LIHTC) are a major source of affordable housing equity funding.

Federal tax credits are allocated through the State of California’s Tax Credit Allocation Committee, and state housing tax credits are allocated through the California Debt Limit Allocation Committee (CDLAC). (Program L)
CalHFA administers a number of affordable housing programs, including multifamily acquisition and rehabilitation funding, single-family development funding, tax-exempt and mortgage revenue bonds, and assistance programs. CalHFA also provides a number of loan products for first-time homebuyers with favorable interest rates and terms.

Also see descriptions of the funding sources that can potentially be used to preserve affordable housing in the subsection of chapter 3 called Affordable Units at Risk of Conversion to Market Rate.

Table 6-8 lists a sample of available funding programs and the types of activities the program funds are targeted towards. In most cases, other entities, including for-profit and nonprofit developers, apply for funds or other program benefits. In general, local jurisdictions must rely on the private sector to develop new affordable units. However, when local jurisdictions have the resources to support these efforts through a public-private partnership, more impact can be made. Emeryville has a strong track record of forming public-private partnerships and supporting affordable housing through the dedication of land or low-interest loans to assist with development.

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Table 6-8: Funding Programs to Support Housing Activities Representative Projects Home
Purchase
Homeowner
Rehabilitation
Acquisition for
Affordable
Housing
New
Ownership
Housing
Development
New Rental
Housing
Development
Preservation of
Affordable
Housing
Rental
Assistance /
Operating
Assistance
Homelessness
Affordable Housing and Sustainable
Communities (AHSC) Yes Yes Yes Yes
Alameda County Measure A-1 Housing
Bond Yes Yes Yes Yes Yes
CalHOME Yes Yes
California Emergency Solutions and
Housing (CESH) Yes
Community Development Block Grant
(CDBG) Yes Yes Yes
Farmworker Housing Grant Program
(FWHG) Yes Yes Yes
Golden State Acquisition Fund (GSAF) Yes
HOME American Rescue Plan Program
(HOME-ARP) Yes Yes Yes Yes
HOME Investment Partnership Program Yes Yes Yes Yes Yes Yes Yes Homekey Yes Yes Yes Yes
Housing Choice Voucher (HCV) Yes
Infill Infrastructure Grant Program (IIG) Yes Yes
Lead Based Paint & Lead Hazard Control
(LBPLHC) Yes Yes
Low Income Housing Tax Credits (LIHTC) Yes Yes
Multifamily Housing Program (MHP) Yes Yes
National Housing Trust Fund Yes Yes
No Place Like Home Yes Yes
Permanent Local Housing Allocation
(PLHA) Yes Yes Yes Yes Yes
Project Based Vouchers (PBV) Yes Yes Yes
Veterans Housing and Homelessness
Prevention Program (VHHP) Yes Yes Yes
Source: City of Emeryville 2022
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6.6.6 NON-GOVERNMENTAL RESOURCES

6.6.6.1 Developers
The City of Emeryville has worked with both private for-profit and nonprofit developers to produce affordable housing. Developers provide expertise in housing design, finance, site development, marketing, and operations to ensure that high-quality housing is produced and maintained in the city.

6.6.6.2 Lenders
The Community Reinvestment Act requires private-sector banks to invest in local projects by providing favorable lending terms or programs geared toward investing in traditionally underserved communities.

Some banks have established community lending divisions that maintain strong relationships with the affordable housing industry in the Bay Area. The Federal Home Loan Bank’s Affordable Housing Program (AHP) provides grants and loans to subsidize affordability in rental and ownership housing developments. Nonprofit lenders, such as the Northern California Community Loan Fund, Local Initiatives Support Coalition (LISC), and California Community Reinvestment Corporation also provide funding for affordable housing development. Partial funding may also be provided by philanthropic organizations and individuals in the community.

6.6.6.3 Advocacy Organizations
Many non-governmental resources are organizations dedicated to supporting and promoting affordable housing in the Bay Area and throughout the state. The Non-Profit Housing Association of Northern California (NPH) is a nonprofit advocacy group that provides professional training, networking opportunities, and resources for housing policy analysts, advocates, and activists. NPH was founded in 1979 with a mission of highlighting the successes of the nonprofit housing sector in developing affordable housing and to help guide affordable housing policy solutions. NPH’s membership includes individuals, local governments, affordable housing development corporations, leading financial institutions, environmental nonprofits, faith-based organizations, and community development corporations.

The East Bay Housing Organization (EBHO) is an affordable housing advocacy coalition that works with communities in Alameda and Contra Costa Counties to preserve, protect, and expand affordable housing opportunities through education and advocacy. EBHO’s membership is made up of over 140 organizations and individuals, including nonprofit housing developers, development consultants, fair housing agencies, tenant organizations, faith-based groups, housing counseling agencies, architects, homeless and tenant advocates and service providers, neighborhood organizations, municipal housing staff, financial institutions, and elected officials.

Housing California is a statewide nonprofit affordable housing advocacy organization dedicated to promoting the housing needs of Californians by increasing the supply and variety of homes being built.

Housing California runs the nation’s largest annual statewide housing conference and monitors and sponsors statewide housing-related legislation.

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The California Housing Consortium was founded in 1997 as an umbrella organization for nonprofit and for-profit developers, lenders, representatives from state and local government agencies, housing professionals and specialists, investors, property managers and owners, residents, and business leaders to address a broad range of housing and economic development community needs. Other organizations, such as the League of California Cities, are also dedicated to a wide range of statewide issues that affect housing, community development, and green building.

6.7 Opportunities for Energy Conservation
Maximizing energy efficiency and incorporating green building features into new and existing buildings can help reduce housing costs for homeowners and renters. Reduced dependence on automobiles and improved walkability reduces greenhouse gas emissions and improves community health. The City promotes energy and resource efficiency by providing education and referrals to resources and financing programs at City Hall and on the City’s website, encouraging transit use and facilitating compact mixed-use development through land use policies and development standards, and implementing green building standards through the California Green Building Code.

As shown in Program T, the City adopted a residential all-electric reach code for new construction that applies to residential buildings and residential occupancies in mixed-use construction. In addition, the City adopted a requirement that residential up to 10 stories install solar panels on the entire “solar zone,” as defined in Title 24 (the state code requires identifying the solar zone up to 10 stories but only requires installation up to three stories). No specific requirements for existing buildings or appliance types were made. All-electric construction has been shown to be cost-effective, and in most residential scenarios, it is less expensive to construct than mixed-fuel. City staff have not received negative comments from developers or found any data suggesting that there is any delay associated with allelectric construction.

The City participates and publicizes energy programs provided by regional agencies on an ongoing basis that include energy-efficiency services (free or low-cost assistance and equipment), purchasing assistance and group buying discounts on solar panels, electric vehicles and chargers, and rebates on equipment from PG&E, EBCE, and other agencies. The City’s website includes links to the following programs and informational resources:
• Bay Area Energy Upgrade: Energy Upgrade California rebate program for Bay Area homeowners interested in energy efficiency
• PG&E Rebates for Residents: Rebates for residents making energy upgrades for their homes • PG&E Rebates for Businesses: Rebates for commercial businesses making energy upgrades • CYES: California Youth Energy Services is a program run by the Rising Sun Energy Center to hire young adults, ages 15 to 22, to do energy assessments and residential efficiency installs for seven weeks each summer
• Home Energy Analyzer: Free and confidential online tool to analyze your home energy use and fix energy leaks
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• Home Score: California Department of Energy scoring tool for homeowners and buyers to assess their home’s energy efficiency.
• Energy Star Portfolio Manager: Online tool to track your energy and water consumption for public and commercial buildings
• Emeryville Energy Efficiency (E3): Free-of-charge energy audit program for commercial businesses through the City of Emeryville and ABM Building Solutions • City of Emeryville Strategic Energy Plan (SEP): Strategic path to achieving City energy-reduction goals.
• Energy Upgrade CA: List of energy and water-efficient products and appliances from Energy Upgrade CA
• Assembly Bill 802: California’s AB 802 authorizes public gas/electric utilities to provide financial incentives, rebates, and technical assistance for efficiency retrofits in existing buildings. • Benchmarking: Fact sheet on benchmarking; saving money and energy • Benchmarking Building Performance: Report on the benefits of benchmarking building performance
• CA Solar Statistics: Learn about solar energy capture and usage in California • CA Zero Net Energy (ZNE) Homes: Learn about ZNE residential progress and goals in California • Institute of Market Transformation: Resources on energy efficiency in buildings • Regional Organizations: Get involved in any number of these regional Bay Area organizations The City’s Climate Action Plan (adopted in 2016) and Sustainability Element (adopted in 2009) establish specific targets and implementation measures for efficiency improvements. The Pedestrian and Bicycle Plan (adopted in 2012) specifies improvements to further encourage a reduced reliance on personal automobiles. The Climate Action Plan 2.0 Implementation Plan includes mitigation actions in Transportation, Buildings, Energy, Consumption and Solid Waste, Water Use, Urban Space, and Local Government Operations. The objectives of those mitigation measures include:
• Transportation
o Create vibrant neighborhoods where residents can easily walk to their basic daily needs. o Reduce the total vehicle miles traveled on local roads by 30 percent. o Reduce the carbon intensity of vehicles by 30 percent. • Buildings
o Reduce the total energy use of buildings built in 2016 or before by 15 percent. o Achieve zero net carbon emissions for 50 percent of new construction. • Energy
o Increase local renewable energy capacity in Emeryville by 30 percent. o Develop or support green jobs training program around increasing local renewable energy capacity and energy efficiency.
• Consumption and Solid Waste
o Reduce food scraps sent to landfills.
o Achieve zero waste to landfills.

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o Reduce consumption-related emissions by encouraging sustainable consumption and minimization of the carbon intensity of business supply chains. • Water Use
o Reduce water use in the community by 30 percent.
• Urban Space
o Expand the urban forest with a minimum canopy cover of 50 percent in the Triangle and Doyle medium-density residential neighborhoods and 25 percent in other city areas. o Expand access to healthy and local food.

As stated in Program U the City will continue to require that developers complete GreenPoint Rated or LEED checklists as part of submittals to the Planning and Building Department and include the checklists in all requests for proposals for City-sponsored developments (Program U). The City will continue to make green building and energy conservation program and funding materials available at City Hall and on the City’s website (Program V).

In addition, the City will continue to collaborate with other jurisdictions in the Bay Area to reduce greenhouse gas emissions through greater jobs/housing connectivity by promoting development within the Emeryville PDA (Program W) and work with local partners to complete and implement strategies identified in the Emeryville-Berkeley-Oakland-Transit Study (EBOTS).

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7. Achievement of 2015–2023 Housing Element Goals
This chapter summarizes the City’s achievements in implementing the goals, policies, and programs from the 2015–2023 Housing Element. The City made significant progress in addressing housing needs through the development of new units, including units affordable to lower-income and special needs households. A complete review of the City’s progress in implementing 2015–2023 policies and programs is provided as Table A-1 in Appendix A.

7.1 Effectiveness of Programs for Special Housing Needs Special needs populations include farmworkers, large families, female-headed single parent households, people experiencing homelessness, persons with disabilities, seniors, households with extremely low incomes. As shown in greater detail in Appendix A, the City made a diligent, consistent effort to achieve its housing goals that address special housing needs through the implementation of policies and programs from the 2015–2023 Housing Element. Following is a summary of the effectiveness of programs for special housing needs:
• Two projects received bonus points under the City’s local bonus point ordinance that led to the creation of 90 affordable units.
• The City adopted the Affordable Housing Administration and Expenditure Plan in February 2021 which outlines approximately $64 Million to support the production and preservation of affordable housing units.
• The City continues to set aside 20% of the boomerang funds to support affordable housing efforts and projects.
• Five unsheltered individuals were placed into housing through the City's Emerging Needs and Rapid Rehousing funds administered by the City's contract outreach and housing navigation provider.
• The City entered into an Exclusive Rights to Negotiate Agreement with a Non-Profit Developer to redevelop 4300 San Pablo Avenue as an intergenerational housing project for low-income seniors and transitional aged youth.
• The City partnered with a nonprofit housing developer and service provider to develop Estrella Vista, the development includes 6 units reserved for households with a developmentally disabled member.

7.2 Key Accomplishments
Following is a summary of key accomplishments under each 2015–2023 goal. See Table A-1 in Appendix A for more details.

Goal H-1. Preserve and improve existing neighborhoods and housing stock. • Promoted the Housing Rehabilitation Program.
• Partnered with Alameda County on Healthy Homes workshops. • Offered education on the Earthquake Brace and Bolt program.

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• Approved the replacement of two residential structures that were demolished in 2015 as well as two in 2017.
• Prevented foreclosure of affordable ownership unit and provided information for owners at risk of foreclosure.

Goal H-2. Encourage housing development affordable to lower income households. • Affordable Housing Administration and Expenditure Plan adopted February 2021. • $1,286,558 in impact fees collected over five years.
• Several projects approved for density bonus points.
• Inclusionary affordable homes created.
• All affordable project approved in 2020 at 3600 San Pablo. • All affordable development agreement negotiated at 4300 San Pablo. • Continued to offer first-time homebuyer loan program. No loans were issued; pending program revisions to adapt to market conditions.
• Supported the Alameda County Affordable Housing Bond in 2016 and a local bond in 2018.

Goal H-3. Promote the development of affordable housing for persons with special needs. • Encouraged affordable units for residents with HIV/AIDS and residents with disabilities. • Completed a study about incentivizing supportive housing development within mixed-income projects and master-leasing programs.
• Participated in homelessness prevention regional coordinating programs. • Worked with community organizations to open a temporary emergency shelter in response to COVID-19.
• Entered into an agreement related to the development of an intergenerational development for seniors and transitional-aged youth with 68 below market rate units at 4300 San Pablo Avenue.

Goal H-4. Provide a wide variety of housing types appropriate for households at all socioeconomic levels and with a variety of lifestyles and preferences. • Increasing the mix of unit sizes, including adopting the Family Friendly Guidelines to encourage the development of larger units.
• Projects developed in the planning period included mixed-use, ADUs, and multifamily. • BMR ownership opportunities and first-time homebuyer loans marketed to teachers, City employees and artists.
• Revised FTHB loan document templates to ensure compatibility with the terms of the Artists’ Co-op building.
• Live/work units marketed to artists and craftspeople (Parc on Powell and 3900 Adeline).

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Goal H-5. Promote equal opportunity in housing.
• Worked with ECHO Housing (Eden Council for Hope and Opportunity) to provide Tenant/Landlord and Fair Housing Counseling and to administer the City’s Just Cause Eviction Ordinance.
• Referred cases to EBCLC (East Bay Community Law Center) and HERA (Housing and Economic Rights Advocates).
• Renter's rights information published in each City Activity Guide. • Information on services available at City Hall, City website and E-news. • New housing notification email system implemented.
• City’s Access Improvement Program funded accessibility improvements for residents with disabilities and/or developmental disabilities
Goal H-6. Improve the balance in housing tenure and unit sizes to specifically address the need for family- friendly housing and increase owner occupancy. • Implemented the family-friendly residential amendment to the City Design Guidelines that was adopted in 2015.
• Promoted Mortgage Credit Certificate program to BMR buyers. • Collaborated with Homeowners Associations (HOAs) to verify owner occupancy for participants in the City’s First-Time Homebuyer Loan and BMR programs. • Adopted a HOA foreclosure moratorium, effective from March to September 2020. • Made the First-Time Homebuyer Loan Program available to low- and moderate-income households throughout the planning period. No loans were issued between 2015 and 2020; one loan was issued in 2021.
• Prevented foreclosure of affordable ownership unit and provided information for owners at risk of foreclosure.

Goal H-7. Promote environmental responsibility and long-term sustainability in residential development through the remediation of brownfields and promotion of “green” and “healthy” development.
• Partnered with local transit agencies to ensure transit access for Emeryville residents. • Provided information on a wide range of sustainability programs through its website. • Offered low-interest loans or grants to remediate housing development sites. • Marketed $1.9 million Revolving Loan Fund (RLF) to potential developers of City-owned sites. • Vegetative stormwater treatment and water-efficient landscaping required in new projects.

Windows and doors required to be tested for water intrusion and replaced if they fail the test. • Received a Cap-and-Trade grant to help fund development at 3706 San Pablo Avenue in Emeryville's Priority Development Area. Remediation of this site funded by a 2012 US EPA Cleanup grant.
• Required developers to complete the LEED or GreenPoint Rated checklist.

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8. Goals, Policies, and Programs
This chapter presents the City of Emeryville’s (City’s) housing goals, policies, and programs for the 2023 to 2031 planning period. Goals establish the ideal future and purpose, policies are statements to guide decision making regarding housing issues, and programs are actions that the City will take to implement the policies to achieve the goals. The department(s) primarily responsible for program implementation, relevant review authority, time frame, and funding source are identified for each program.

8.1 Goals and Policies

8.1.1 GOAL H-1. NEW HOUSING DEVELOPMENT: FACILITATE THE

CONSTRUCTION OF A WIDE VARIETY OF HOUSING TYPES, FOR VARIOUS INCOME

LEVELS, IN A MANNER THAT PROMOTES ENVIRONMENTAL RESPONSIBILITY AND LONG-TERM SUSTAINABILITY.

Policy H-1-1. Provide monetary and regulatory incentives for residential projects constructed specifically for lower- and moderate-income households.

Policy H-1-2. Explore innovative and creative housing options that provide greater flexibility in development and/or use, facilitate affordability, and meet the housing needs of all residents in the City.

Policy H-1-3. Encourage the remediation of former industrial sites to create safe sites for housing development.

Policy H-1-4. Encourage housing development that provides clean indoor air, maximizes energy and water efficiency, addresses stormwater treatment, uses high-quality, eco-friendly building materials and aligns with regional greenhouse gas reduction strategies.

8.1.2 GOAL H-2. PRESERVATION: CONSERVE AND IMPROVE THE CONDITION OF

THE EXISTING HOUSING STOCK TO ENHANCE THE LIVABILITY OF NEIGHBORHOOD(S) FOR ALL RESIDENTS.

Policy H-2-1. Facilitate the rehabilitation of the City’s existing housing stock to correct housing deficiencies, increase the useful life, and increase accessibility for all residents.

Policy H-2-2. Support energy-conserving programs in the rehabilitation of affordable housing to reduce household energy costs, improve air quality, and mitigate potential impacts of climate change in the region.

Policy H-2-3. Preserve “at-risk” affordable rental units through monitoring, working with nonprofits, and exploring available funding sources to preserve affordability.

Policy H-2-4. Promote homeownership opportunities and support current homeowners in retaining their homeownership status.

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8.1.3 GOAL H-3. HOUSING NEEDS: ENSURE HOUSING IS ACCESSIBLE AND

AFFORDABLE TO VERY-LOW, LOW, AND MODERATE INCOME RESIDENTS, WITH A PRIORITY FOR THOSE WITH SPECIAL NEEDS.

Policy H-3-1. Utilize available federal, state, and local financing sources and subsidies to assist in making housing more affordable to very low-, low-, and moderate-income households.

Policy H-3-2. Support and promote the development of housing that is accessible to special needs residents, including seniors, disabled households, large families, the homeless, and transitional foster youth, through measures such as transitional supportive housing, ensuring reasonable accommodation, and the provision of emergency shelters.

8.1.4 GOAL H-4. FAIR HOUSING: ENSURE COMMUNITY MEMBERS HAVE

EQUITABLE ACCESS TO SAFE, SANITARY AND AFFORDABLE HOUSING AS PROTECTED UNDER STATE AND FEDERAL FAIR HOUSING LAWS.

Policy H-4-1. The City shall take meaningful action toward the goal of eliminating housing discrimination and provide current and future residents fair access to housing opportunities Policy H-4-2. Facilitate transparent decision-making processes through public engagement and participation, supported by the development of clear and inclusive outreach materials, and the expanded and innovative use of a variety of public engagement tools.

Policy H-4-3. The City shall explore options to strengthen eviction prevention and tenant displacement measures.

Policy H-4-4. The City shall support collaborative efforts to connect low-income residents with financial empowerment resources, homeownership programs, small business assistance, living wage jobs, affordable childcare, and workforce training resources and services.

Policy H-4-5. The City shall promote mixed income neighborhoods with an equitable distribution of housing types for people of all incomes throughout the City by encouraging new affordable housing in high resource areas.

Policy H-4-6. Maintain and enhance the quality of life within neighborhoods, including those identified as low resource and/or disadvantaged, by providing adequate maintenance to streets, sidewalks, parks and other community facilities.

8.1.5 GOAL H-5. ADDRESS CONSTRAINTS: REDUCE OR REMOVE GOVERNMENTAL

AND NONGOVERNMENTAL CONSTRAINTS TO THE DEVELOPMENT, IMPROVEMENT, AND MAINTENANCE OF HOUSING, WHERE FEASIBLE.

Policy H-5-1. Monitor Title 9 of the Municipal Code and other regulations to ensure that the City's policies and guidelines do not inappropriately constrain housing development and affordability.

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Policy H-5-2. Monitor State and federal housing-related legislation, and update City plans, ordinances, and processes as appropriate to remove or reduce governmental constraints.

Policy H-5-3. Monitor non-governmental constraints, such as interest rates, construction costs, and others through consultation with developers, lenders and other entities directly involved in the provision of housing. Should non-governmental constraints be identified that are related to City policies, the City may modify its policies and procedures if City actions would help to reduce those constraints.

8.2 Programs
A. HOUSING DEVELOPMENT REGULATORY PROGRAMS. IN AN EFFORT TO ENSURE THE CONSTRUCTION OF HOUSING

AFFORDABLE AT VARIOUS INCOME LEVELS, ESPECIALLY HOUSING UNITS FOR VERY LOW TO MODERATE-INCOME

LEVEL HOUSEHOLDS, THE CITY WILL IMPLEMENT THE FOLLOWING HOUSING DEVELOPMENT REGULATORY PROGRAMS DURING THE PLANNING PERIOD.

1. Affordable Housing Program. The City will continue work collaboratively to ensure all residential housing projects subject to the requirements of the Affordable Housing Program (Article 4, Chapter 5, Title 9) are implemented. The City will evaluate the feasibility of the following potential modifications:
• Increase the number of new affordable ownership residential units created by amending Section 9-5.403 to reduce the number of new ownership residential projects required to comply with the ordinance below the current regulation requirement of 10 units.
• Incorporate an inclusionary housing requirement into the Affordable Housing Program by amending Section 9-5.406 and 9-5.407 to eliminate the reference to the impact fees so that all residential rental projects must include a percentage of affordable units, as authorized under Assembly Bill (AB) 1505. • Increase the number of affordable rental residential units created for extremely low and developmentally disabled by amend Section 9-5.407 to increase the percentage of required affordable housing units above the current regulation requirement of 12 percent for very low and low-income households • Increase the creation of affordable rental residential units for extremely low- and very low-income affordable units for people living with physical and/or developmental disabilities by amending Section 9-5.407 to add an option for developers to choose to produce a smaller percentage of affordable units, than required, if the affordable units are targeted to these special needs populations.

2. Development Bonus Programs. The City will continue to offer developers the opportunity to utilize the City’s Development Bonus Program (Section 9.4.204) or the State Density Bonus Program (Article 5, Chapter 5, Title 9), for those seeking to increase the number of dwelling units allowed at the project site in exchange for providing additional affordable housing units, above and beyond what is required under the Affordable Housing Program. The City will analyze what the new percentage of affordable housing units shall be for Community Benefit points in context of the changes being made to the Affordable Housing Program.

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Implements Policies: H-1-1, H-1-2, H-3-2, H-5-2
Responsible department/review authority: Planning, Economic Development and Housing (EDH), Planning Commission, City Council
Timeframe: Evaluate and adopt amendment of Affordable Housing Program (Short Term); Evaluate and adopt amendment to Development Bonus Program (Short Term); Continue to implement all Housing Development Regulatory Programs (Ongoing) Funding source: General Fund
Quantified Objective: Facilitate the construction of 710 new homes for lower-income households (225 for extremely low, 226 for very-low, and 259 for low).

B. STREAMLINING PLANNING PROCESSES. THE CITY WILL ENACT THE FOLLOWING STREAMLINED PROCESSES TO ACCELERATE THE PRODUCTION OF HOUSING:

1. Streamlined and Ministerial Review for Eligible Affordable Housing Projects: The City will establish a written policy or procedure and other guidance, as appropriate, to ensure that eligible multifamily projects with an affordable component are provided streamlined review as outlined in Government Code, Section 65913.4.

2. Streamlined Process to Convert Single-Unit Homes to Two-Unit Homes: The City will consider opportunities to streamline the permitting process of converting single unit homes to two-unit homes, including the possibility of waiving the requirement for Planning Commission approval for projects that will exceed base FAR. (See also Program LL.)

3. Appeal Hearing Modification: The City will investigate the ability to eliminate the need for a Public Meeting to determine if the case warrants an Appeal Hearing. The elimination of this Public Meeting will accelerate the time for a project to be approved.

Implements Policies: H-1-2, H-5-1
Responsible department/review authority: Planning, Planning Commission, City Council Timeframe: Investigate and Draft new policies (Short Term); Adopt (Short Term); Implementation (Ongoing)
Funding source: General Fund
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C. OBJECTIVE DESIGN AND DEVELOPMENT STANDARDS: THE CITY INITIATED CREATING OBJECTIVE DESIGN AND DEVELOPMENT STANDARDS UNDER THE SB2 GRANT IN JUNE 2020. BY DECEMBER 2024, THE PLANNING

REGULATIONS WILL BE UPDATED TO ENSURE THAT ELIGIBLE MULTIFAMILY PROJECTS ARE ONLY SUBJECT TO

OBJECTIVE DESIGN STANDARDS CONSISTENT WITH RELEVANT PROVISIONS OF THE HOUSING ACCOUNTABILITY ACT, SB 35, AND SB 330. STATE LAW DEFINES OBJECTIVE DESIGN STANDARDS AS THOSE THAT “INVOLVE NO PERSONAL

OR SUBJECTIVE JUDGEMENT BY A PUBLIC OFFICIAL AND ARE UNIFORMLY VERIFIABLE BY REFERENCE TO AN

EXTERNAL AND UNIFORM BENCHMARK OR CRITERION AVAILABLE AND KNOWABLE BY BOTH THE DEVELOPMENT APPLICANT AND PUBLIC OFFICIAL PRIOR TO SUBMITTAL. ADDITIONALLY, THE CITY IS REVIEWING THE DESIGN

REGULATIONS AND GUIDELINES FOR MULTIFAMILY AND RESIDENTIAL MIXED USE SET FORTH IN THE PLANNING REGULATIONS, DESIGN GUIDELINES AND SIX AREA PLANS. THE EFFORT WILL IDENTIFY UNIQUE GUIDELINES

SPECIFIC TO DISTRICTS TO RETAIN, KEY DESIGN PRINCIPLES THAT COULD HAVE CITYWIDE APPLICABILITY, AND REDUNDANT OR OBSOLETE GUIDELINES THAT SHOULD BE REMOVED.

Implements Policies: H-1-2, H-5-1
Responsible department/review authority: Planning, Planning Commission, City Council Time frame: Create and Adopt (Short Term); Implement (On-going) Funding source: SB 2, General Fund
D. ACCESSORY DWELLING UNITS (ADUS). THE CITY WILL CONTINUE TO IMPLEMENT ARTICLE 14, CHAPTER 5, TITLE 9 (ACCESSORY DWELLING UNITS) OF THE PLANNING REGULATIONS, IN AN EFFORT TO ENCOURAGE THE DEVELOPMENT OF ADUS THROUGH A MINISTERIAL APPROVAL PROCESS IN CONFORMANCE WITH STATE LAW.

ADDITIONALLY, TO PROMOTE AND INCENTIVIZE THE DEVELOPMENT OF ADUS, INCLUDING JUNIOR ACCESSORY

DWELLING UNITS (JADUS), THE CITY WILL COLLABORATE TO DEVELOP ADU GUIDANCE MATERIALS, CREATE A FREQUENTLY-ASKED-QUESTIONS WEBPAGE ON THE CITY’S WEBSITE, EXPLORE INITIATIVES SUCH AS DEVELOPING A

LOAN PROGRAM FOR HOMEOWNERS TO CONSTRUCT ADUS AFFORDABLE TO LOWER-INCOME HOUSEHOLDS, AND MEET WITH PROPERTY OWNERS TO DISCUSS CAPACITY FOR ADUS IN MULTI-UNIT DEVELOPMENTS.

Implements Policies: H-1-1, H-1-2, H-4-2
Responsible department/review authority: Planning, EDH, City Council Timeframe: Develop ADU Guidance (Short Term); Develop Financing Tool (Mid Term); Implement (On-going); Update website (Annually)
Funding source: General Fund, TBD
Quantified Objective: Construction of 30 ADUs or JADUS throughout the Planning period.

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E. ADAPTIVE RE-USE. THE CITY WILL EXPLORE OPPORTUNITIES TO ALLOW FOR THE ADAPTIVE REUSE/CONVERSION

OR REPLACEMENT OF VACANT OR UNDERPERFORMING COMMERCIAL SPACES AND PARKING STRUCTURES TO RESIDENTIAL UNITS. THE CITY WILL ANALYZE THE FEASIBILITY OF AN ADAPTIVE REUSE ORDINANCE THAT WOULD TARGET THE CONVERSION OF SELECT TYPES EXISTING STRUCTURES AND OF SPACES THAT MAY INCLUDE GROUNDFLOOR RETAIL IN AN EXISTING MIXED-USE STRUCTURE, PART OR ALL OF AN OFFICE BUILDING OR PARKING STRUCTURE. THE ORDINANCE WOULD SPECIFY THE HEIGHT, BULK, AND/OR FOOTPRINT REQUIREMENTS FOR THE RESIDENTIAL USES AND ANY ASSOCIATED NEW DEVELOPMENT. THE CITY WILL CONSIDER REQUIRING THE “FUTURE PROOFING OF PARKING STRUCTURES” FOR ALL NEW PARKING STRUCTURES. THIS MEANS THAT THE DESIGN

INCORPORATES FEATURES THAT PROVIDE GREATER FLEXIBILITY AND EASIER ADAPTABILITY IN CASE THE STRUCTURE WILL BE CONVERTED (IN WHOLE OR IN PART) TO RESIDENTIAL AND/OR OTHER USES IN THE FUTURE. EXPLORE THE CREATION OF A FINANCIAL INCENTIVE PROGRAM TO SUPPORT THIS PROGRAM.

Implements Policies: H-1-1, H-1-2, H-5-1
Responsible department/review authority: EDH, Planning, Building, PC, City Council Timeframe: Explore (Short Term); Adopt (Mid Term); Develop Financing Tool (Long Term)
Funding source: General Fund, TBD
F. IMPACT FEE. THE COLLECTION OF IMPACT FEES IS INTENDED TO OFFSET THE FINANCIAL IMPACT A NEW DEVELOPMENT PLACES ON A CITY FOR PROVIDING THE NEW DEVELOPMENT WITH PUBLIC SERVICES. IN AN EFFORT TO ENSURE SMALLER PROJECTS (2-4 UNITS) ARE NOT FINANCIALLY CONSTRAINED FOR DEVELOPMENT, THE CITY

WILL EVALUATE WAIVING THE AFFORDABLE HOUSING FEE FOR PROJECTS CONSISTENT WITH BY RIGHT, OBJECTIVE STANDARDS AND/OR 2-4 UNIT PROJECTS IN THE RM ZONE. ADDITIONALLY, TO COMPLY WITH ASSEMBLY BILL (AB) 602, THE CITY WILL IMPLEMENT FOLLOWING ACTIONS:

1. The City will evaluate how it collects impact fees for new housing and modify its practices as needed to ensure that smaller, more affordable units are not unfairly penalized with higher costs, and that impact fees do not inadvertently incentivize larger, more expensive projects.

2. The City will continue to post its written fee schedule on the City’s website as well as the impact fees associated with a specific project in order to ensure compliance with the Assembly Bill (AB) 602 transparency requirements.

Implements Policies: H-1-2, H-5-2, H-4-2
Responsible department/review authority: Planning, Building, Planning Commission, City Council
Timeframe: Establish procedure (Short Term); Identify fees in coordination with the annual update to the City’s master fee schedule (Annually); Update Website with Project related Impact Fees (Monthly).

Funding source: General Fund
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G. CITY-SPONSORED DEVELOPMENT FUND. THE CITY WILL PROVIDE ADDITIONAL FINANCING (APPROXIMATELY $41.1 MILLION) IN THE FORM OF LOW-INTEREST LOANS TO SUPPORT THE CONSTRUCTION OF APPROXIMATELY 314 RENTAL UNITS AFFORDABLE TO VERY LOW- TO MODERATE-INCOME HOUSEHOLDS ON SITES 7, 10 AND 6 ON THE SITES INVENTORY LIST. NINETY-SEVEN (97) OF THE 314 AFFORDABLE UNITS WILL BE SET-ASIDE FOR SPECIAL NEEDS POPULATIONS (I.E. HOMELESS, SENIORS, TRANSITIONAL AGED YOUTH, AND EXTREMELY LOW-INCOME HOUSEHOLDS). FUNDING FOR THIS PROGRAM IS OUTLINED IN THE HOUSING BOND ADMINISTRATION AND EXPENDITURE PLAN. ADDITIONAL DETAILS REGARDING EACH CITY SITE IS BELOW.

1. 3600 San Pablo Avenue (a.k.a. Nellie Hannon Gateway). New construction of 89 affordable housing units that will serve extremely low- to low-income households and one (1) manager’s unit. Twenty-two (22) units will be set-aside as permanent supportive housing units for formerly homeless individuals. Ground level retail space will house the Emeryville Citizen Assistance Program (ECAP), a not for profit organization, which addresses food insecurity for those in need in Emeryville and the surrounding communities. This site has received a City loan, its entitlements in 2021, and should begin construction in 2023. This site is located along the San Pablo Avenue corridor in a Low Resource Area as defined by TCAC (Figure 5-1). (Land Inventory Site 6).

2. 4300 San Pablo Ave. New construction of 68 affordable housing units that will serve extremely low- and very low-income seniors and transitional aged youth and one (1) manager’s unit.

This site is currently owned by the City and the option to develop the site was awarded to an affordable housing developer through a competitive RFQ/P process in 2020. Entitlements are anticipated by the end of 2022 and construction should commence before the end of 2024.

This site is located along the San Pablo Avenue corridor in a Low Resource Area as defined by TCAC (Figure 5-1). (Land Inventory Site 10)

3. 5890, 5900, and 6150 Christie (a.k.a. Christie Sites). New construction of high-density affordable housing units that will serve very low- to moderate-income households. This is a City (Housing Successor)-owned housing asset site and an RFQ/P is under development in 2022 as well as some preliminary environmental work at the site. Developer selection will occur in 2023. This site is adjacent to the Emeryville Public Market and in a Moderate Resource area as defined by TCAC (Figure 5-1). (Land Inventory Site 14)

4. Adeline Sites. New construction of one to four affordable housing units that will serve verylow-income individuals with special needs. This is a City (Housing Successor)-owned housing asset site that is partially located in the City of Oakland and thus not included in the Site Inventory List. Developer selection will occur in 2023. Due to the size of the parcels, it is anticipated that only a 1-4 unit dwelling is possible on this site. This site is located in a Low Resource area as defined by TCAC (Figure 5-1).

Implements Policies: H-1-1, H-3-2, H-4-2
Responsible department/review authority: EDH, Housing Committee, City Council Timeframe: Developer Solicitations on Adeline Sites and Christie Sites (Short Term); Issue Bond (Short Term and Long Term)
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Funding Source: Measure C Affordable Housing Bond funds, Low-and Moderate-Income Housing Asset, Affordable Housing Fund or “boomerang” funds, Affordable Housing Impact Fee, and Alameda County Measure A1
Quantified Objectives: New Construction of 314 units (188 very low income, 80 low income and 50 Moderate-income households), with at least 97 units of the 314 units will be set-aside for various special needs populations.

H. DEVELOPMENT OPPORTUNITIES FUND. THE CITY WILL MAKE AVAILABLE FUNDING TO PERMIT STRATEGIC ACQUISITION OR DEVELOPMENT, OF PROPERTIES FOR VERY LOW TO MODERATE-INCOME HOUSEHOLDS. FUNDING CAN BE USED FOR ACQUISITION AND PRE-DEVELOPMENT RELATED EXPENSES. IT IS ESTIMATED THAT 62 AFFORDABLE UNITS WILL BE DEVELOPED AND THAT AT LEAST THREE (3) OF THE UNITS WILL BE SET-ASIDE FOR SPECIAL NEEDS HOUSEHOLDS. FUNDING FOR THIS PROGRAM IS OUTLINED IN THE HOUSING BOND ADMINISTRATION AND EXPENDITURE PLAN, ADOPTED ON MARCH 2, 2021. THIS PROGRAM WILL REMAIN OPERATIONAL UNTIL THE FUNDING (APPROXIMATELY $8.3 MILLION) IS DEPLETED OR REPROGRAMED TO SUPPORT ANOTHER HOUSING PROGRAM.

Implements Policies: H-1-1
Responsible department/review authority: EDH, Housing Committee, City Council Timeframe: Draft and Adopt Program Regulations (Short Term); Issue Bond (Short Term, Mid Term and Long Term); Launch Program (Short Term); Update Website and Marketing Materials (Annually)
Funding Source: Measure C Affordable Housing Bond funds.

Quantified Objectives: New Construction or Rehabilitation of 62 units (20 Very Lowincome 21 Low income and 21 Moderate income), with at least three (3) of the 62 units being set-aside for the special needs population.

I. ACQUISITION OF BMR OWNERSHIP UNITS. THE CITY CURRENTLY HAS 186 BMR OWNERSHIP UNITS IN ITS PORTFOLIO. EDH STAFF MANAGE THE PORTFOLIO TO ENSURE THAT EACH UNIT CONTINUES TO BE OCCUPIED BY THE

HOMEOWNER, AND THAT EACH UNIT RESOLD IS MARKETED IN COMPLIANCE WITH THE RESTRICTIONS IN THE RESALE

RESTRICTION AGREEMENT AND IS SOLD TO AN INCOME ELIGIBLE HOMEBUYER THAT WILL EXECUTE A RESALE RESTRICTION AGREEMENT AND RESIDE IN THE HOME AS THEIR PRINCIPLE PLACE OF RESIDENCE. IF THE CITY

DETERMINES THAT ANY BMR OWNERSHIP UNIT IS AT RISK OF LOSING ITS AFFORDABILITY RESTRICTION, BY THE

OWNER BEING UNABLE TO SELL THE PROPERTY DURING THE ALLOTTED MARKETING PERIOD OR THE HOMEOWNER BEING AT RISK OF FORECLOSURE, THE CITY MAY ACQUIRE THE UNIT. BMR OWNERSHIP UNITS ACQUIRED BY THE

CITY WILL BE RESOLD AT AN AFFORDABLE SALES PRICE TO AN INCOME ELIGIBLE HOMEBUYER AND REQUIRE THE NEW HOMEBUYER TO EXECUTE A RESALE RESTRICTION AGREEMENT. FUNDING FOR THIS PROGRAM IS OUTLINED IN THE HOUSING BOND ADMINISTRATION AND EXPENDITURE PLAN, ADOPTED ON MARCH 2, 2021. THE PROGRAM WILL BE OPERATIONAL UNTIL THE FUNDING ($1.5 MILLION) IS DEPLETED OR REPROGRAMMED TO SUPPORT ANOTHER HOUSING PROGRAM.

Implements Policies: H-2-3, H-2-4
Responsible department/review authority: EDH, City Council Timeframe: Issue Bond (Short Term and Long Term); Implementation (Ongoing) City of Emeryville 2023-2031 Housing Element Public Review Draft Goals, Policies, and Programs 210
Funding Source: Measure C Affordable Housing Bond funds and Affordable Housing Fund Quantified Objective: Preserve the City’s portfolio of 186 units in the BMR ownership program.

J. FORECLOSURE PREVENTION PROGRAM. THE CITY WILL CONTINUE TO IMPLEMENT THE CITY'S FORECLOSURE

PREVENTION AND PREDATORY LENDING PREVENTION STRATEGY BY IMPLEMENTING THE FOLLOWING EXISTING AND NEW STRATEGIES:

Foreclosure Prevention Fund. Make financial assistance available to homeowners with income below 120 percent Area Median Income (AMI) to prevent displacement from foreclosure. Funding from the City will be provided in the form of a deferred loan to cover delinquent Homeowners Association (HOA) dues and mortgage payments. Funding shall assist approximately 15 low to moderate-income households. Funding for this program is outlined in the Housing Bond Administration and Expenditure Plan, adopted on March 2, 2021. The program will remain operational until the funding ($150,000) is depleted or reprogrammed.

1. Emergency Mortgage Assistance Program. The City will support the Alameda County Housing and Community Development Department (ACHCD) Emergency Mortgage Assistance Program, which will provide debt defense, loan restructuring legal services and financial assistance to address homeowners under 100 percent AMI that are delinquent on their mortgages and facing foreclosure utilizing CDBG funds. The City will monitor the progress of this program through the City’s participation in the Alameda County Urban County Technical Advisory Committee and assist the AC in marketing the program to homeowners in Emeryville.

2. The City will evaluate the need for emergency ordinances to prevent foreclosure and displacement, as emergencies arise. In 2020, the City adopted an HOA foreclosure moratorium, which was in response to the COVID-19 pandemic to prevent HOAs from foreclosing on homeowners for their inability to pay HOA dues due to COVID-19. If another State or Countywide Emergency issue arises that impacts the economic stability of homeowners, the City will evaluate the need for a similar action or support County-wide efforts to ensure homeowners are not displaced.

3. The City will continue to work with Condominium HOAs by providing them with education on new housing laws, ensuring they receive information to share with their residents on minor repair, accessibility improvement, and foreclosure prevention programs. By creating an open line of communication with the HOAs, the City has also been able to coordinate with them on reporting potential BMR owner occupancy violations.

Implements Policies: H-2-3, H-2-4, H-4-2
Responsible department/review authority: EDH, Housing Committee, City Council Timeframe: Draft and Adopt Program Guidelines (Short Term); Issue Bond (Short Term); Launch Program (Short Term); Support ACHCD Program (Ongoing); Educate HOAs (Ongoing); Evaluate Emergency Ordinance (As Needed)
Funding Source: Measure C Affordable Housing Bond funds and CDBG City of Emeryville 2023-2031 Housing Element Public Review Draft Goals, Policies, and Programs 211
Quantified Objective: Assist 15 households (eight (8) low and seven (7) moderate households) to prevent displacement from foreclosure.

K. SPECIAL NEEDS HOUSING INCENTIVE PROGRAM. THE CITY WILL PROVIDE A FINANCIAL INCENTIVE FOR THE RESTRICTION OF ADDITIONAL BELOW MARKET RATE UNITS FOR THE SPECIAL NEEDS POPULATION (I.E. DISABLED, TRANSITIONAL AGED YOUTH, AND HOMELESS) AT EXISTING OR NEW RENTAL DEVELOPMENTS. APPROXIMATELY 15 SPECIAL NEEDS UNITS WILL BE DESIGNATED. FUNDING FOR THIS PROGRAM IS OUTLINED IN THE HOUSING BOND ADMINISTRATION AND EXPENDITURE PLAN, ADOPTED ON MARCH 2, 2021. THIS PROGRAM WILL BE OPERATIONAL UNTIL THE FUNDING (APPROXIMATELY $4 MILLION) IS DEPLETED OR REPROGRAMMED TO SUPPORT ANOTHER HOUSING PROGRAM.

Implements Policies: H-1-1; H-3-2, H-4-2
Responsible department/review authority: EDH, Housing Committee, City Council Timeframe: Draft and Adopt Program Guidelines (Short Term); Issue Bonds (Short Term, Long Term); Launch Program (Mid Term)
Funding Source: Measure C Affordable Housing Bond funds Quantified Objective: Construction or acquisition of 15 units Below Market Rate units (four (4) extremely low-, four (4) very low-, and seven (7) low-income households) for special needs groups.

L. NEW FUNDING OPPORTUNITIES. THE CITY WILL WORK WITH AFFORDABLE HOUSING DEVELOPERS TO IDENTIFY

AND LEVERAGE LOCAL, STATE, AND FEDERAL FUNDING PROGRAMS TO MAXIMIZE THE NUMBER OF AFFORDABLE UNITS AVAILABLE TO LOW-, VERY LOW-, AND EXTREMELY LOW-INCOME HOUSEHOLDS, WHENEVER POSSIBLE.

ADDITIONALLY, THE CITY WILL CONTINUE TO EXPLORE JOINING A JOINT POWERS AGREEMENT (JPA), TO ALLOW

THE ISSUANCE OF BONDS IN EMERYVILLE TO SUPPORT MIDDLE-INCOME HOUSING OPPORTUNITIES AS OFFERED BY

THE CALIFORNIA COMMUNITY HOUSING AGENCY (CALCHA), THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY (CSCDA) OR ANY OTHER ENTITY, THAT IS CREATED OVER THE PLANNING PERIOD.

Implements Policies: H-1-1; H-3-2
Responsible department/review authority: EDH, City Council Timeframe: Developer Notification of Financial Resources (Ongoing); Explore Middle Income Housing Bond Opportunity (Short Term)
Funding source: General fund
M. HOMEBUYER ASSISTANCE PROGRAMS. FOR MANY HOUSEHOLDS, DOWN PAYMENT ASSISTANCE PROGRAMS HELP TO MAKE HOME BUYING MORE AFFORDABLE AND CAN REDUCE THE RACIAL WEALTH DIVIDE. IN AN EFFORT TO

INCREASE HOMEOWNERSHIP OPPORTUNITIES FOR LOW- AND MODERATE-INCOME HOUSEHOLDS, THE CITY WILL IMPLEMENT THE FOLLOWING:

1. FTHB Down-Payment Assistance Program. The City will make available down payment and closing cost assistance funding for first-time, low and moderate income homebuyers to purchase a home in Emeryville. Funding will be provided in the form of a deferred loan and will require the homebuyer to maintain the property as their principal place of residency for 45 years. The City will update existing program guidelines, to address issues of low program City of Emeryville 2023-2031 Housing Element Public Review Draft Goals, Policies, and Programs 212
use due to high cost of housing within the city, which made housing costs (such as mortgage payments) unattainable despite payment assistance being offered during the previous planning period. Approximately 26 households will be assisted through this program. Funding for this program is outlined in the Housing Bond Administration and Expenditure Plan, adopted on March 2, 2021. The program will be operational until the funding (approximately $1.7 Million) is depleted.

2. AC Boost Down-Payment Assistance. The City will continue to support the AC Boost down payment assistance loan program. The program provides loans up to $210,000 (depending on buyer income and need) in the form an interest free deferred 30-year loan. The City will monitor the progress of this program through the City’s participation in the Alameda County Urban County Technical Advisory Committee and assist the AC in marketing the program to those looking to purchase a home in Emeryville.

3. Mortgage Credit Certificates. The City will continue to work with the ACHCD to advertise the availability of Mortgage Credit Certificates (MCC) to increase the financial feasibility of homeownership for Emeryville households. The MCC program provides income eligible FirstTime homebuyer with an opportunity to reduce the amount of Federal Income tax otherwise due by an amount equal to 20 percent of the mortgage interest payments as a dollar for dollar credit on their annual taxes. The remaining 80 percent can be taken as the usual allowable deduction of the itemized return. The result increases the household's overall income and ability to qualify for a mortgage loan. Funding to support this program is currently not available through the California Debt Limit Allocation Committee (CDLAC), however when funding becomes available the City will continue to support this program.

To increase rates of homeownership in Low Resource Areas, as defined by TCAC, the City will evaluate making additional modifications to the FTHB programs by easing the borrower requirements and/or increasing the loan amount of down payment assistance for those looking to purchase in a Low Resource Area.

Implements Policies: H-2-4, H-3-1, H-4-2
Responsible department/review authority: EDH, Housing Committee, City Council Timeframe: Evaluate FTHB Guidelines (Short Term); Issue Bond (Short Term, Long Term) Launch FTHB Program (Short Term); Support ACHCD Programs (Ongoing); Update Website with Program Information (Annually)
Funding Source: Measure C Affordable Housing Bond funds, Affordable Housing Fund and A-1 Funds
Quantified Objective: Assist 13 low-income households and 13 moderate income households through the FTHB Down-Payment Assistance Program.

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N. AFFORDABLE HOUSING WATER/SEWER PRIORITY PROGRAMS. TO COMPLY WITH SENATE BILL (SB) 1087, THE

CITY WILL IMMEDIATELY FORWARD ITS ADOPTED HOUSING ELEMENT TO EAST BAY MUNICIPAL UTILITIES DISTRICT (EBMUD) SO THEY CAN GRANT PRIORITY FOR WATER AND SEWER SERVICE ALLOCATIONS TO PROPOSED DEVELOPMENTS THAT INCLUDE UNITS AFFORDABLE TO LOWER-INCOME HOUSEHOLDS. THE CITY’S PUBLIC WORKS

DEPARTMENT WILL CONTINUE TO GRANT PRIORITY TO NEW AFFORDABLE HOUSING FOR HOOKUPS TO CONNECT TO THE CITY’S CONVEYANCE SYSTEMS TO PROVIDE ACCESS TO SERVICE FROM EBMUD.

Implements Policies: H-1-1
Responsible department/review authority: Community Development (CDD)-Planning, PWD
Timeframe: Submit Housing Element (Short Term); Priority Hookups - Ongoing Funding source: General Fund
O. HOUSING FOR PERSONS WITH DISABILITIES. THE CITY WILL PARTNER WITH NONPROFIT HOUSING DEVELOPERS AND SERVICE PROVIDERS TO IMPROVE HOUSING OPTIONS IN EMERYVILLE FOR PEOPLE WITH DISABILITIES. THE CITY

WILL EXPLORE OPPORTUNITIES TO COLLABORATE WITH RELEVANT PARTIES TO DEVELOP HOUSING FOR PERSONS WITH DISABILITIES ON CITY-CONTROLLED SITES. THE CITY WILL EXPLORE OPPORTUNITIES TO COLLABORATE WITH

RELEVANT PARTIES TO EXPAND THE AVAILABILITY OF SUPPORT SERVICES FOR EMERYVILLE RESIDENTS WITH DISABILITIES. THIS CAN INCLUDE ONE OR MORE OF THE FOLLOWING APPROACHES:

1. Providing incentives to developers that commit to providing supportive services for affordable housing in Low and Moderate Resource areas as defined by TCAC.

2. Prioritizing mixed-use projects that will include non-residential space for essential or supportive services in Low and Moderate Resource areas as defined by TCAC.

3. Seeking partnerships that provide in-home support services for persons with disabilities.

4. Implementing a master leasing program in partnership with a non-profit that would serve as a master tenant who would then sublease apartments at affordable rents to target populations and provide supportive services to those tenants, in new and/or existing developments.

5. Supporting service providers that provide in-home care services in private residences throughout the city.

6. Prioritizing the construction of care facilities that serve people with severe disabilities.

7. Encouraging the inclusion of Shelter-Plus-Care units (rent-assisted units for dually diagnosed people with mental illness, substance abuse, and/or AIDS-related illnesses) in residential projects located in Moderate Resource areas as defined by TCAC. As identified in the Assessment of Fair Housing, provide housing that is exclusive to persons with disabilities (including persons with mental illness, substance abuse, and/or AIDS-related illnesses) to reduce heightened competition for limited affordable housing units with appropriate accessible design.

8. Continue to provide individuals with disabilities “reasonable accommodation” in land use, zoning and building regulations, as required per Ordinance and evaluate and adjust the ordinance as needed to ensure its effectiveness. This ordinance seeks to provide equal opportunity in the development and use of housing for people with disabilities through City of Emeryville 2023-2031 Housing Element Public Review Draft Goals, Policies, and Programs 214
flexibility in regulations and the waiver of certain requirements in order to eliminate barriers to fulfilling this objective.

Implements Policies: H-1-1, H-1-2, H-3-2
Responsible department/review authority: CDD-Planning, CDD-EDH, PC, City Council Time frame: Develop Incentives (Mid Term); Develop Master Lease Program (Mid-Term); Engage Partnership (On-going); Encourage, support and prioritize (Ongoing) Funding source: General fund
P. LIVE/WORK UNITS. ASSESS EXISTING LIVE/WORK REGULATIONS TO SEE IF ANY MODIFICATION NEEDS TO BE MADE TO ENCOURAGE DEVELOPMENT OF LIVE/WORK UNITS IN AN EFFORT TO DIVERSIFY THE CITY'S HOUSING TYPES.

ENCOURAGE THE DEVELOPMENT OR CONVERSION OF AFFORDABLE LIVE/WORKSPACE UNITS, AND ENSURE OWNERS

OF EXISTING LIVE/WORK UNITS ARE AWARE OF THE HOMEBUYER ASSISTANCE PROGRAM AVAILABLE FOR THEIR

UNIT WHEN MARKETING THEIR UNIT FOR RESALE, IN AN EFFORT TO EXPAND AFFORDABLE HOMEOWNERSHIP OPTIONS.

Implements Policies: H-1-2, H-3-1, H-4-2, H-5-1
Responsible department/review authority: Planning, EDH, PC, City Council Time frame: Assess Regulations (Mid Term); Adopt Regulations (Mid Term); Market (Ongoing)
Funding source: General fund.

Q. HOUSING FOR ARTISTS/CRAFT-PERSONS. THE CITY IS DESIGNATED ART-DISTRICT WITHIN THE STATE AND VIEW THE ARTISTS THAT RESIDE IN EMERYVILLE AS A COMMUNITY BENEFIT TO THE CITY. TO ENSURE THAT ARTISTS CONTINUE TO THRIVE AND WORK IN EMERYVILLE, THE CITY WILL:

Engage with Artists/Craft-persons residing in Emeryville and organizations that support the Arts to assess the housing needs of the artistic community and how the City can address these needs programmatically.

Conduct targeted marketing for artist/craft-persons when BMR units and Live/Work units become available.

Implements Policies: H-3-1, H-4-2
Responsible department/review authority: EDH
Timeframe: Engage (Mid Term); Targeted Marketing (Ongoing) Funding source: General Fund
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R. FAMILY FRIENDLY HOUSING. PROMOTE HOUSING DESIGNS AND UNIT MIX TO ATTRACT MULTIGENERATIONAL

HOUSEHOLDS BY ENCOURAGING DEVELOPERS TO INCLUDE HOUSING FEATURES AND MORE BEDROOMS (INCLUDING

FOUR-BEDROOM UNITS), AS WELL AS OTHER ON-SITE AMENITIES, SUCH AS USABLE OUTDOOR OPEN SPACE FOR

MULTIGENERATIONAL USE, AND MULTIPURPOSE ROOMS THAT CAN BE USED FOR AFTER-SCHOOL HOMEWORK CLUBS, COMPUTER, ART, OR OTHER RESIDENT ACTIVITIES. AS IDENTIFIED IN THE HOUSING NEEDS ASSESSMENT, BETWEEN 2010 AND 2019, THE NUMBER OF UNITS OCCUPIED BY HOUSEHOLDS WITH FOUR OR MORE PERSONS DECREASED, WHILE HOUSEHOLDS WITH THREE OR FEWER PERSONS PER UNIT INCREASED. TO ADDRESS POTENTIAL

DISPLACEMENT OF HOUSEHOLDS WITH FOUR OR MORE PERSONS, THE CITY WILL EXPLORE OPTIONS TO EXPAND REGULATORY INCENTIVES TO ENCOURAGE THE DEVELOPMENT OF LARGER UNITS. THIS MAY INCLUDE REVIEWING

THE COMMUNITY BENEFITS PROGRAM TO PROVIDE ADDITIONAL INCENTIVES FOR INCLUDING FAMILY-FRIENDLY

UNITS THAT ARE AT LEAST FOUR BEDROOMS AND/OR REVIEWING THE AFFORDABLE HOUSING PROGRAM TO

INCLUDE AN OPTION TO PROVIDE A PERCENTAGE OF AFFORDABLE FAMILY-FRIENDLY UNITS (THREE OR MORE BEDROOMS).

Implements Policies: H-1-1, H-3-2
Responsible department/review authority: Planning, PC, City Council Time frame: Develop Regulatory Incentive (Mid-Term); Implement Family Friendly Design Guidelines (Ongoing)
Funding source: General fund
S. BROWNFIELD REMEDIATION LOANS. CONTINUE TO OFFER LOW-INTEREST LOANS OR GRANTS THROUGH THE

ASSESSMENT LOAN AND CLEAN-UP LOAN PROGRAMS TO PROVIDE FINANCIAL, TECHNICAL, AND REGULATORY

ASSISTANCE TO PROPERTY OWNERS AND DEVELOPERS SEEKING TO ASSESS AND REMEDIATE HOUSING DEVELOPMENT SITES ON BROWNFIELDS. THE CITY WILL CONTINUE TO WORK WITH DEVELOPERS TO SEEK OUTSIDE

FUNDING OPPORTUNITIES FOR SITE REMEDIATION AND OFFER TECHNICAL ASSISTANCE WITH FUNDING APPLICATIONS. REMEDIATE POLLUTED SITES TO REVITALIZE NEIGHBORHOODS.

Implements Policies: H-1-1, H-1-3
Responsible department/review authority: EDH, City Council Timeframe: Implementation (Ongoing), Update website (Annually) Funding source: General fund, US Environmental Protection Agency (EPA) T. RENEWABLE ENERGY AND REACH CODES. THE CITY WILL CONTINUE TO IMPLEMENT THE ALL-ELECTRIC REACH CODE

FOR NEW RESIDENTIAL BUILDING CONSTRUCTION AND RESIDENTIAL OCCUPANCIES IN MIXED-USE CONSTRUCTION,

AND STRIVE TO MAXIMIZE OPPORTUNITIES FOR RENEWABLE ENERGY, WHICH IMPROVES INDOOR AND OUTDOOR AIR QUALITY, AS WELL AS SUPPORTS CLIMATE CHANGE MITIGATION AND RESILIENCY EFFORTS. ALL-ELECTRIC

CONSTRUCTION HAS PROVED COST-EFFECTIVE AND IN MOST RESIDENTIAL DEVELOPMENT SCENARIOS, IT IS CHEAPER TO CONSTRUCT ALL-ELECTRIC BUILDINGS THAN MIXED-FUEL.

Implements Policies: H-1-4
Responsible department/review authority: Planning, Building Time frame: Implementation (Ongoing)
Funding source: General fund
City of Emeryville 2023-2031 Housing Element Public Review Draft Goals, Policies, and Programs 216
U. GREENPOINT/LEED REQUIREMENTS. CONTINUE TO INCORPORATE SITE-APPROPRIATE STANDARDS DESCRIBED BY

BUILD-IT-GREEN GREENPOINT RATING SYSTEM AND/OR LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN (LEEDTM), AND BAYFRIENDLY LANDSCAPE SCORECARD INTO ALL NEW CONSTRUCTION AND REHABILITATION PROJECTS.

Implements Policies: H-1-4
Responsible department/review authority: EDH, PC, Building Time frame: Implementation (Ongoing)
Funding source: General fund
V. ENERGY PROGRAMS. THE CITY WILL CONTINUE TO PARTICIPATE IN AND PUBLICIZE ENERGY PROGRAMS PROVIDED

BY REGIONAL AGENCIES ON AN ONGOING BASIS, FOR EXAMPLE PROGRAMS MAY INCLUDE ENERGY-EFFICIENCY

SERVICES (FREE OR LOW-COST ASSISTANCE AND EQUIPMENT), PURCHASING ASSISTANCE AND GROUP BUYING

DISCOUNTS ON SOLAR PANELS, ELECTRIC VEHICLES AND CHARGERS, AND REBATES ON EQUIPMENT FROM PACIFIC GAS AND ELECTRIC COMPANY (PG&E), EAST BAY COMMUNITY ENERGY (EBCE), AND OTHER AGENCIES.

Implements Policies: H-2-2, H-4-2
Responsible department/review authority: EDH, Planning, Building Time frame: Implement (Ongoing); Update Website Information (Annually) Funding source: General fund
W. PRIORITY DEVELOPMENT AREA. ENCOURAGE NEW HOUSING DEVELOPMENT WITHIN THE CITY’S PRIORITY DEVELOPMENT AREA (PDA), IN KEEPING WITH REGIONAL GREENHOUSE-REDUCTION STRATEGIES. MONITOR THE

AVAILABILITY AND LOCAL APPLICABILITY OF PDA-LINKED FUNDING RESOURCES AND INCENTIVES FOR PLANNING AND DEVELOPMENT. USE THESE RESOURCES TO THE EXTENT FEASIBLE AND APPROPRIATE. TO ENCOURAGE A

REDUCED RELIANCE ON PERSONAL AUTOMOBILES, THE CITY WILL CONTINUE TO IMPLEMENT THE PEDESTRIAN AND BICYCLE PLAN (ADOPTED IN 2012) AND COLLABORATE WITH LOCAL PARTNERS TO COMPLETE AND IMPLEMENT STRATEGIES IDENTIFIED IN THE EMERYVILLE-BERKELEY-OAKLAND-TRANSIT STUDY (EBOTS).

Implements Policies: H-1-4; H-4-6
Responsible department/review authority: Planning, EDH
Timeframe: Implement (Ongoing); Review funding sources (Annually) Funding source: General fund
X. HOMEOWNER REHABILITATION AND REPAIR PROGRAMS. IN AN EFFORT TO FACILITATE THE HABITABILITY OF HOMEOWNER’S HOMES IN EMERYVILLE, ESPECIALLY THOSE OWNED BY LOW-INCOME HOUSEHOLDS, THE CITY WILL

ENGAGE IN THE FOLLOWING EFFORTS TO EDUCATE HOMEOWNERS AND MAKE AVAILABLE FINANCIAL RESOURCES TO AID IN THE REPAIR OR REHABILITATION OF THEIR HOME.

1. RTEBN (Rebuilding Together East Bay-North) Minor Home Repair Program provides life safety and accessibility repairs to low-income seniors and disabled homeowners at no cost. Funding is provided by the City on an annual basis.

2. Renew Alameda County is a Countywide Measure A1 funded program that offers 1 percent interest rate loans from $15,000 to $150,000 to improve the health, safety and quality of a low income homeowners home.

City of Emeryville 2023-2031 Housing Element Public Review Draft Goals, Policies, and Programs 217

3. Alameda County Healthy Homes Department offers lead hazard repair grants, minor home repairs grants, and accessibility installation grants for lower-income households throughout Alameda County.

4. The City will explore opportunities to create rehabilitation programs to address all housing units in need of repair in Low Resource areas, as defined by TCAC (Figure 5-1) to improve the overall conditions of that area.

5. The City will create and distribute surveys to Condominium developments with Homeowners Associations to ascertain the housing conditions and rehabilitation or accessibility needs for existing homeowners and properties.

6. The City will add home maintenance education resources to its website.

Implements Policies: H-1-1, H-2-1, H-4-2
Responsible department/review authority: EDH, City Council Timeframe: Implement existing programs (Ongoing); Survey HOAs (Short Term); Develop new financial incentive (Mid Term); Update Website and Marketing materials (Annually) Funding source: General fund, Alameda County Measure A1, CDBG Quantified Objectives: Provide minor rehabilitation to 32 low-income homeowner units.

Provide major rehabilitation to five (5) low-income homeowner units.

Y. RENTAL PRESERVATION PROGRAM. THE CITY WILL PROVIDE LOW INTEREST RATE LOANS TO EXISTING RENTAL

PROPERTY OWNERS TO IMPROVE THE HABITABLE CONDITION(S) OF THEIR RENTAL UNITS OCCUPIED BY VERY LOW, LOW AND MODERATE-INCOME TENANTS. APPROXIMATELY 160 EXISTING RENTAL UNITS WILL BE ASSISTED.

FUNDING FOR THIS PROGRAM IS OUTLINED IN THE HOUSING BOND ADMINISTRATION AND EXPENDITURE PLAN, ADOPTED ON MARCH 2, 2021. THE PROGRAM WILL BE OPERATIONAL UNTIL THE FUNDING ($4 MILLION) IS DEPLETED OR REPROGRAMMED TO SUPPORT ANOTHER HOUSING PROGRAM. FUNDING WILL BE TARGETED TO

OLDER RENTAL PROPERTIES IN NEED OF CAPITAL IMPROVEMENTS TO SUSTAIN AFFORDABLE HOUSING OPPORTUNITIES FOR EXISTING RESIDENTS.

Implements Policies: H-1-1, H-2-1, H-4-2
Responsible department/review authority: EDH, Housing Committee, CITY COUNCIL Timeframe: Draft and Adopt Program Guidelines (Short Term); Issue Bond (Short Term, Mid Term, and Long Term); Launch Program (Short Term), Update Website and Program Materials (Annually)
Funding Source: Measure C Affordable Housing Bond funds.

Quantified Objective: Rehabilitation of 160 rental units (70 Very-Low Income, 50 Low Income, 40 Moderate Income) with at least 15 units reserved specifically for units occupied by special needs tenants.

City of Emeryville 2023-2031 Housing Element Public Review Draft Goals, Policies, and Programs 218
Z. ENERGY CONSERVATION REMODELS. ENCOURAGE ENERGY CONSERVATION MEASURES AND USE OF GREEN BUILDING MATERIALS IN RESIDENTIAL REMODEL PROJECTS. CONTINUE TO OFFER THE ENERGY EFFICIENT EMERYVILLE (E3) PROGRAM TO OFFER NO-COST ENERGY AUDITS AND ASSISTANCE TO SMALL AND MEDIUM BUSINESSES. DISSEMINATE INFORMATION ON RETROFIT ASSISTANCE PROGRAMS AND SOLAR ENERGY REBATES.

Implements Policies: H-2-1, H-2-2, H-4-2
Responsible department/review authority: EDH, Planning, Building Timeframe: Implement (Ongoing); Update Website and Marketing Materials (Annually) Funding Source: General Fund
AA.CONVERSION OF AT-RISK BMR RENTAL UNITS. THE CITY MAINTAINS A DIRECTORY OF ALL BELOW MARKET RATE UNITS IN EMERYVILLE AND WHEN THE REGULATORY RESTRICTIONS EXPIRE. THE CITY WILL CONTINUE TO MONITOR

THIS DIRECTORY AND WILL WORK PROACTIVELY TO RETAIN EXISTING SUBSIDIZED AFFORDABLE RENTAL HOUSING UNITS THAT ARE AT RISK OF CONVERTING TO MARKET RATE. AS OF 2021, TWO PROPERTIES HAVE ASSISTED UNITS THAT ARE AT RISK OF CONVERTING TO MARKET RATE IN THE 10-YEAR PERIOD FROM 2021 TO 2029: OCEAN AVENUE COURT (6 VERY-LOW-INCOME UNITS WILL EXPIRE IN JUNE 2026) AND BAKERY LOFTS I AND II (8 MODERATE-INCOME UNITS WILL EXPIRE IN JUNE 2028). OCEAN AVENUE COURT IS OWNED BY THE HOUSING AUTHORITY OF ALAMEDA COUNTY, SO THERE IS A LOW RISK OF LOSING THE AFFORDABLE UNITS. BAKERY LOFT I AND II IS PRIVATELY OWNED AND POSES A GREATER RISK TO CONVERSION TO MARKET RATE. THE FOLLOWING

PROPOSED ACTIONS WILL ASSIST THE CITY IN DETERMINING THE ABILITY TO PRESERVE THE BMR RENTAL UNITS

AT RISK AND ENSURE THAT RESPECTIVE BMR TENANTS ARE ADEQUATELY NOTIFIED IF THE CITY IS UNABLE TO PRESERVE THE BMR UNITS.

1. The City will annually prepare a “Risk Assessment” report provided by the California Housing Partnership Corporation (CHPC). Projects determined high risk are those most likely to decline continued federal assistance because they currently have rents below market rate(s) and are owned by profit-motivated entities.

2. The City will reassess the differential between the moderate-income rents required at Bakery Loft I and II and the then-current the United States Department of Housing and Urban Development (HUD) fair market rents and the average market-rate rents from a survey of available rental listings. With that information, if another party has not stepped forward to preserve the affordability of the eight Bakery Loft I and II units, the City will be able to determine the necessity and priority for sponsoring a program to preserve them.

3. The City will work with potential purchasers to preserve the 14 units BMR units at Bakery Lofts or in a new development by finding an interested non-profit entity interested in developing housing with subsidized affordable housing units. The City will not take part directly in negotiations regarding the property but will apply for state or federal funding on behalf of an interested non-profit entity, if necessary, to protect the affordability of the rental units.

4. The City will request that the property owners provide evidence that they have complied with state and federal regulations regarding notice to tenants and other procedural matters related to conversion, and the City will contact HUD, if necessary, to verify compliance with notice requirements. The City will use California Department of Housing and Community Development (HCD) resources listed on the HCD website, as well as other resources, to locate potential funding sources as needed for the preservation of affordable housing. Should the units convert to market-rate, the City will work with the Housing Authority of Alameda County City of Emeryville 2023-2031 Housing Element Public Review Draft Goals, Policies, and Programs 219
to ensure that low-income tenants displaced as a result of a conversion receive priority for federal housing vouchers.

5. As needed, the City will ensure tenants are adequately notified throughout the preservation/acquisition process as to the status of their housing units, impacts of the ownership change or preservation process on occupancy and rents, their rights and responsibilities as tenants, and who to contact with questions or concerns. The City will work with the responsible entity (whether the existing property owner, the Housing Authority, or a new non-profit entity) to distribute information and conduct tenant meetings, as needed, to keep residents informed of the preservation process, tenant options, and what to expect once the process has been completed.

Implements Policies: H-2-3
Responsible department/review authority: EDH, City Council Timeframe: Update BMR Asset Management Directory (Quarterly); Prepare “Risk Assessment” reports (Annually); Assessment of Bakery Lofts Rents and Need for the City to Sponsor BMR Units (Mid Term); Provide BMR Technical Assistance to Potential Purchasers of Bakery Lofts (As Needed); Ensure Bakery Loft tenants receive education of housing rights and preservation/acquisition status (As Needed).

Funding source: General fund
Quantified Objective: Preserve a total of 14 units (6 very low-income units at Ocean Avenue Court and 8 moderate-income units Bakery Lofts I and II) to prevent displacement.

BB. HOUSING AND SUPPORTIVE SERVICES FOR HOMELESS AND FORMERLY HOMELESS. IN 2015, THE CITY ADOPTED A HOMELESS STRATEGY AND UPDATED THIS STRATEGY IN 2018 TO SOLIDIFY THE ACTIONS AND STRATEGIES THE

CITY WAS GOING TO UNDERTAKE TO ADDRESS THE NEEDS OF PEOPLE EXPERIENCING HOMELESSNESS AND PREVENT THOSE CURRENTLY HOUSED FROM BECOMING HOMELESS. DURING THE CYCLE 6 PLANNING PERIOD, THE CITY WILL CONTINUE TO IMPLEMENT THE FOLLOWING ACTIONS:

1. Provide funding to support a homeless shelter and service providers to provide housing, meals, outreach, and other support services to individuals experiencing homelessness who reside or have resided in Emeryville.

2. Seek innovative partnerships to provide services and emergency shelter to persons experiencing homelessness, similar to the private-nonprofit-public partnership that allowed the City to use the former City Recreation Center as a temporary shelter for families prior to the site’s redevelopment.

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3. Encourage developers to set-aside units affordable for the unsheltered population and those with extremely low income. The City will continue to facilitate the redevelopment of Site 6 on the Site Inventory List, to create 23 permanent supportive housing units for formerly homeless individuals, and Site 10 on the Site Inventory List, to create 14 units for Transitional Aged Youth.

4. Support the countywide efforts to prevent and end homelessness through the Alameda County-wide Homeless Plan. The City will monitor the Alameda County Homeless Plan’s progress through City participation in collaborative groups, including working committees, the Alameda County Urban County Technical Advisory Committee, and the Alameda County HOME Consortium Technical Advisory Committee, and will continue to evaluate actions proposed in the County's Homeless Plan that can address providing additional shelter/safe spaces for the Emeryville’s unsheltered population.

5. Seek partnerships with homeless service providers to provide shelter and services to Emeryville residents experiencing homelessness.

Implements Policies: H-1-2, H-3-2, H-4-4
Responsible department/review authority: EDH, City Council Timeframe: Provide Financial Support (Annually); Seek Additional Partnerships (Ongoing); Encourage Development of Units for the unsheltered Population (Ongoing); Support Alameda County Homeless Plan (Ongoing);
Funding Source: General Fund, Low Moderate-Income Housing Fund, Measure C Quantified Objective: Develop permanent supportive housing units for extremely lowincome households: 23 units for formerly homeless individuals and 14 units for transitional-aged youth.

CC. SECTION 8 RENTAL ASSISTANCE. THE HOUSING AUTHORITY OF ALAMEDA COUNTY ADMINISTERS THE SECTION 8 RENTAL ASSISTANCE PROGRAM ON BEHALF OF THE CITY. THERE ARE 153 VOUCHERS CURRENTLY IN USE IN THE CITY OF EMERYVILLE. BASED ON FUTURE CONGRESSIONAL APPROPRIATIONS, THE COUNTY HOUSING AUTHORITY

WILL APPLY FOR ADDITIONAL FUNDING THAT WILL ENABLE THE HOUSING AUTHORITY TO ADMINISTER ADDITIONAL VOUCHERS FOR FAMILIES, SENIORS, AND DISABLED PERSONS OVER THE HOUSING ELEMENT PLANNING PERIOD.

THE CITY WILL CONTINUE THE FOLLOWING:

1. Provide referral services and information to the City’s residents on housing choice voucher programs, ensuring that all information offered digitally and physically is provided in multiple languages.

2. Coordinate with community-based organizations that serve Emeryville’s special-needs populations to reach households that would qualify for housing choice voucher programs.

3. Work with the Housing Authority increase voucher acceptance in areas of higher income to increase opportunities for housing mobility, as identified in the Assessment of Fair Housing.

4. Partner with the Housing Authority to provide biannual training to landlords regarding fairhousing requirements, including the requirement that they accept vouchers, and educate property owners in Moderate Resource Areas, as defined by TCAC higher-income City of Emeryville 2023-2031 Housing Element Public Review Draft Goals, Policies, and Programs 221
neighborhoods about the benefits of voucher holding-tenants, encouraging them to market available units at their rental properties to voucher holders.

5. Consider the feasibility of a landlord incentive program for landlords that choose to accept voucher holding tenants. The landlord incentive program could be focused on Low Resource Areas, as defined by TCAC, or neighborhoods that experience higher rates of rental increases.

Implements Policies: H-3-1, H-4-1, H-4-2
Responsible department/review authority: EDH, City Council Time frame: Provide Referral Services (Ongoing); Work with HACA (Ongoing); Landlord Training (Bi-Annually); Assess feasibility of Landlord Incentive Program (Mid Term); Funding source: General Fund
Quantified Objective: Preserve the existing 153 Section 8 vouchers in use in Emeryville.

DD.FAIR HOUSING COUNSELING. CONTINUE TO CONTRACT WITH A HUD-APPROVED FAIR HOUSING COUNSELING

ORGANIZATION ON AN ANNUAL BASIS TO PROVIDE FAIR HOUSING COUNSELING SERVICES, TENANT-LANDLORD MEDIATION, PUBLIC EDUCATION, AND LEGAL REFERRALS FOR EMERYVILLE TENANTS AND LANDLORDS. CREATE

TARGETED MARKETING PROGRAM TO REACH NEIGHBORHOODS LOW RESOURCE AREAS, AS DEFINED BY TCAC (FIGURE 5-1). UTILIZE COMMUNITY-BASED PARTNERS TO REACH VULNERABLE HOUSEHOLDS IN THE IDENTIFIED NEIGHBORHOODS.

Implements Policies: H-4-1, H-4-2
Responsible department/review authority: EDH
Time frame: Contract/Engage with Service Provider(s) (Annually); Implement (Ongoing); Update Website and Marketing Materials (Annually)
Funding source: CDBG, General Funds
EE. RESIDENT ENGAGEMENT. THE CITY WILL EVALUATE ITS CURRENT COMMITTEE'S AND COMMISSION MEMBERSHIP

TO DETERMINE IF THE MEMBERSHIP IS REFLECTIVE OF THE SOCIO-ECONOMIC AND RACIAL MIX OF EMERYVILLE OR IF THERE ARE ANY MISSING VOICES. IF IT IS DETERMINED, THERE ARE MISSING VOICES, THE CITY WILL ENHANCE ITS

OUTREACH EFFORTS TO ENCOURAGE RESIDENTS FROM ALL SOCIO-ECONOMIC GROUPS AND RACIAL BACKGROUNDS TO SERVE ON COMMITTEES AND COMMISSIONS WHEN POSITION BECOME AVAILABLE. THE CITY WILL EXPLORE THE

RESTRUCTURING OF THE HOUSING COMMITTEE TO ENSURE THAT THE COMMITTEE HAS AT LEAST ONE MEMBER

THAT RESIDES IN A BMR UNIT, AT LEAST ONE MEMBER THAT IS A TENANT, AND AT LEAST ONE MEMBER THAT IS A HOMEOWNER.

Implements Policies: H-4-2
Responsible department/review authority: EDH, City Council Timeframe: Expand Marketing efforts for Committee/Commission Membership (Ongoing); Evaluate Demographics of Committee Membership (Short Term); Explore Housing Committee Restructure (Mid Term)
Funding Source: General Fund
City of Emeryville 2023-2031 Housing Element Public Review Draft Goals, Policies, and Programs 222
FF. ACCESS TO INFORMATION. PUBLIC OUTREACH IS A KEY COMPONENT TO DEVELOPING A COMPREHENSIVE AND INCLUSIVE HOUSING MARKET IN THE CITY. IT IS CRITICAL TO ENGAGE RESIDENTS AND STAKEHOLDERS FROM ALL SECTORS OF THE COMMUNITY IN ORDER TO EDUCATE AND PROVIDE AN INCLUSIVE COMMUNITY. THE CITY WILL

ENGAGE THE FOLLOWING STRATEGIES TO ENSURE ALL MEMBERS OF THE COMMUNITY RECEIVE HAVE ACCESS TO HOUSING RELATED INFORMATION AND INCOME-RESTRICTED RESOURCES:

1. Ensure that up-to-date public information materials are available physically at the City and digitally through the website, Newsflash, and social media.

2. Ensure that all public information materials are available in multiple languages and meet Americans with Disabilities Act (ADA) accessibility standards.

3. Identify areas most vulnerable to displacement, beginning with areas with a higher concentration of poverty as identified in the Assessment of Fair Housing to target marketing efforts and use social media, community-based partners, and other methods to connect with households in the identified neighborhoods.

4. Utilize the Housing Portal Mail serve as mechanism to perform outreach to service providers, existing residents, prospective residents looking to relocate to Emeryville and property owners. Information on available housing opportunities, housing programs and resources, incentives and programs for low-income residents, and fair housing education. Information will be sent out at least monthly to the mailing list, which currently has over 7,000 registered individuals. Incentives and programs for low-income residents may include low-cost childcare opportunities for working families, job-readiness training, low cost and free transportation programs, utility assistance, and food insecurity programs.

5. Develop a targeted marketing plan to promote local resources and programs for persons with disabilities, including educational materials on reasonable accommodation, housing rights, and access to legal aid. Identify community-based partners to support dissemination of program materials.

6. Establish a communication channel with the teachers and parents of children that participate in programs as Emeryville Center of Community Life (ECCL), Emeryville Child Development Center (ECDC) and Emery Unified School District (EUSD) on all affordable housing opportunities in Emeryville.

Implements Policies: H-4-2
Responsible department/review authority: EDH, City Council Timeframe: Send out information via Housing Portal (Monthly); Update Website (Quarterly); Create Multi-lingual Marketing Materials (Short Term); Create Targeted Marketing Plans for Disabled and those vulnerable to displacement (Short Term); Establish Communication Channel with Parents (Short Term); Funding Source: General Fund
GG.ECONOMIC MOBILITY. THE CITY WILL DEVELOP STRATEGIES TO ADDRESS INCOME EARNING POTENTIAL OF VERY LOW-INCOME RESIDENTS BY EXPANDING LOW-BARRIER, LOW-SKILL JOB OPPORTUNITIES WITHIN THE CITY, BY:

1. Meeting with at least two community-based partners on an annual basis to expand job opportunities in Emeryville and to seek partnerships to provide job readiness training, such City of Emeryville 2023-2031 Housing Element Public Review Draft Goals, Policies, and Programs 223
as job training, resume and interview assistance to Emeryville residents in an effort to increase the household income of very low income households.

2. Working with local employers to identify entry level positions with good pay that can be advertised to the Below Market Rate tenants in Emeryville.

Implements Policies: H-4-2, H-4-4
Responsible department/review authority: EDH
Timeframe: Engage Community Based Partners (Annually); Market Entry Level Positions (Ongoing)
Funding Source: General Fund
HH.SCHOOLS AND CHILD CARE CENTERS. THE CITY WILL MEET WITH THE EMERY UNIFIED SCHOOL DISTRICT (EUSD)

ANNUALLY TO DETERMINE WHAT, IF ANY OUTSIDE FACTORS IMPEDE SCHOOL PERFORMANCE THAT CAN BE

ALLEVIATED, SUCH AS STABLE HOUSING OPPORTUNITIES, AFFORDABLE CHILDCARE OPPORTUNITIES FOR WORKING PARENT(S), AND MORE. IF SUCH NEEDS ARE IDENTIFIED, THE CITY WILL PURSUE SOLUTIONS, WHICH MAY INCLUDE:

1. Review the Planning Regulations to ease the process for entitling a Childcare/Day Care Center and ensuring that childcare facilities are permitted near schools and employment centers.

Recommended modifications include moving the Childcare/Day Care Center use classification to a Minor CUP for all locations, adding the same use classification to the RM district and eliminating the need for Planning Commission review.

2. Coordination with Emery Unified School District (EUSD) and those that participate in Community Service programs at Emeryville Center of Community Life (ECCL) on identifying affordable childcare and after-school opportunities for low income, working parents.

3. The City will partner with the EUSD and homeless service providers to support at-risk families with information regarding local resources, fair housing education, access to legal aid, and potential housing opportunities.

Implements Policies: H-4-2, H-H-4-4, H-5-1
Responsible department/review authority: EDH, Planning, Planning Commission, City Council
Timeframe: Engage and Partner with Education and Community Based Partners (Annually); Review Planning Regulations (Short Term)
Funding Source: General Fund
II. TRANSPORTATION. THE CITY WILL IMPROVE THE SAFE, EQUITABLE ACCESS TO TRANSPORTATION THAT DOES NOT

REQUIRE PERSONAL VEHICLE OWNERSHIP FOR EMERYVILLE RESIDENTS, BY IMPLEMENTING AND SUPPORTING THE FOLLOWING:

Adopt the Active Transportation Plan (ATP), the successor to the City's current Pedestrian and Bicycle Plan (adopted in 2012) and work with the Cities of Berkeley and Oakland to implement strategies to improve multimodal transportation access for all Emeryville residents. The City's City of Emeryville 2023-2031 Housing Element Public Review Draft Goals, Policies, and Programs 224
efforts will directly support persons with disabilities, seniors and those living in Low Resource Areas, as defined by TCAC.

1. Continue to support Emery Go-Round as they explore making improvements to their coaches which will increase speed of boarding and alighting, improve riding comfort and increase capacity. Emery Go-Round is also exploring adding a fourth shuttle route within the City of Emeryville, which will expand service.

2. The City of Emeryville will implement the 40th Street Concept Plan to create bus-only lanes (one by converting the westbound mixed-flow lane to bus-only), a two-way bikeway on the north side of the street, bicycle-pedestrian intersection improvements, bus stop improvements including passenger boarding areas, and streetscaping with opportunities for green infrastructure (natural storm water treatment) and public art, which will connect and serve the San Pablo Avenue corridor.

Implements Policies: H-H-4-4, H-5-1
Responsible department/review authority: EDH, Planning, Planning Commission, City Council
Timeframe: Engage and Partner with Education and Community Based Partners (Annually); Review Planning Regulations (Short Term)
Funding Source: General Fund
JJ. SITE INVENTORY. THE CITY WILL MAINTAIN AN INVENTORY OF SITES AVAILABLE AND APPROPRIATE FOR RESIDENTIAL DEVELOPMENT FOR HOUSEHOLDS OF ALL INCOME LEVELS. THIS PROGRAM WILL IMPLEMENT A LAND

MONITORING PROGRAM TO ENSURE THAT THE CITY HAS ENOUGH LAND TO MEET ITS RHNA THROUGHOUT THE PLANNING PERIOD AND COMPLY WITH NO NET LOSS REQUIREMENTS (GOVERNMENT CODE SECTION 65863). TO ENSURE THE CITY MAINTAINS ADEQUATE SITES TO MEET THE RHNA, THE CITY WILL IMPLEMENT THE FOLLOWING:

1. Update the site inventory list on an annual basis and post it on the City's website.

2. Evaluate residential development proposals for consistency with goals and policies of the 2023-2031 Housing Element and the Sites Inventory List calculations. If there is a reduction in project density from what is shown in the Site Inventory List, the City will make written findings that the remaining sites identified are adequate to accommodate the RHNA by income level. If a proposed reduction of residential density will result in the Sites Inventory List failing to accommodate the RHNA by income level, the City will identify and make available additional adequate sites to accommodate its share of housing need by income level within 180 days of approving the reduced-density project.

Implements Policies: H-1-2
Responsible department/review authority: EDH, Planning, Planning Commission, City Council
Timeframe: Update Site Inventory List (Annually); Evaluate Residential Development Proposals for Consistency with Housing Element Goals and Policies and Site Inventory City of Emeryville 2023-2031 Housing Element Public Review Draft Goals, Policies, and Programs 225
Calculations (Ongoing); Identify Additional Adequate Sites to Accommodate RHNA per Income Level (As Needed)
Funding Source: General Fund
KK. RESIDENTIAL USE BY RIGHT. TO COMPLY WITH ASSEMBLY BILL (AB) 1397, THE EIGHT 2023-2031 HOUSING ELEMENT SITES LISTED IN TABLE 8-1 SHALL BE ALLOWED TO BE DEVELOPED FOR RESIDENTIAL USE BY-RIGHT, IN ACCORDANCE WITH GOVERNMENT CODE SECTION 65583.2(C). THIS BY-RIGHT (WITHOUT DISCRETIONARY REVIEW) REQUIREMENT IS ONLY FOR HOUSING DEVELOPMENTS IN WHICH AT LEAST 20 PERCENT OF THE UNITS ARE AFFORDABLE TO LOWER-INCOME HOUSEHOLDS. WHILE ALL OF THESE SITES ARE EITHER ZONED MUR OR RMH,

WHICH ALREADY PERMITS MULTIFAMILY USES BY-RIGHT, THIS PROGRAM WILL ENSURE THAT THESE SITES WILL CONTINUE TO COMPLY WITH ASSEMBLY BILL (AB) 1397. THE APPLICATION OF THE REQUIREMENT SHOULD NOT BE USED TO FURTHER CONSTRAIN THE DEVELOPMENT OF HOUSING.

City of Emeryville 2023-2031 Housing Element Public Review Draft Goals, Policies, and Programs 226
Table 8-1: Assessors Parcels Numbers Subject to AB 1397 SITE NUMBER ASSESSOR’S PARCEL NUMBERS
5 049-1504-8
7 049-1494-004-08, 049-1494-003-02
8 049-0618-021, 049-0618-024-02, 049-0618-033, 049-0618-022, 049 -618-019 9 049-1026-022, 049-1026-023, 049-1026-024, 049-1026-026-2 10 049-1079-17-1, 049-1079-14-1
11 049-619-2, 049-619-5, 049-619-6
12 049-1515-1-6, 049-1515-10-11, 049-1515-12-4, 049-1515-7-7, 049-1515-11-14, 049-1515-9, 049-1515-8-1, 049-1515-11-7, 049-1515-1-2, 049-1515-11-13, 049-1515-12-5 14 049-1493-3, 049-1493-4, 049-1493-5
Implements Policies: H-5-1, H-5-2
Responsible department/review authority: Planning, Planning Commission, City Council Time frame: Implementation (Ongoing)
Funding source: General Fund
LL. PLANNING REGULATION AMENDMENTS: THE CITY WILL IMPLEMENT THE FOLLOWING PLANNING REGULATION

AMENDMENTS TO ALLEVIATE CONSTRAINTS TO THE PRODUCTION OF HOUSING, INCLUDING THE PRODUCTION OF HOUSING FOR SPECIAL NEEDS POPULATIONS.

1. Employee Housing. Planning Regulations will be updated to comply with Health and Safety Code Section 17021.5, which requires the City to treat employee housing that serves six or fewer persons as a single-family structure and permitted in the same manner as other singlefamily structures of the same type in the same zone (Health and Safety Code Section 17021.5).