Emeryville City Council
December 12, 2022

December 2022 | General Plan EIR Addendum

ADDENDUM TO THE GENERAL PLAN EIR
SCH No. 2006022008

FOR THE
2023–2031 HOUSING ELEMENT UPDATE
City of Emeryville
Prepared for:

City of Emeryville
Charles S. Bryant, Community Development Director
1333 Park Avenue
Emeryville, California 94608
510.596.4361
Prepared by:

PlaceWorks
Miles Barker, Project Planner
2040 Bancroft Way, Suite 400
Berkeley, California 94704
510.848.3815
[email protected]
www.placeworks.com
Attachment 2

A D D E N D U M T O T H E G E N E R A L P L A N E I R F O R T H E 202 3 – 20 31 H O U S I N G E L E M E N T U P D A T E

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Table of Contents
December 2022 Page i
Section Page

1. ADDENDUM TO THE ADOPTED GENERAL PLAN EIR............................................................... 1

1.1 BACKGROUND.................................................................................................................................................... 1

1.2 GENERAL PLAN EIR FINDINGS................................................................................................................. 2

1.3 PROJECT SUMMARY ......................................................................................................................................... 3

1.4 PURPOSE OF AN EIR ADDENDUM......................................................................................................... 37

2. CEQA ANALYSIS .......................................................................................................................... 40

2.1 ENVIRONMENTAL ANALYSIS................................................................................................................... 40

2.2 FINDINGS ........................................................................................................................................................... 45

3. REFERENCES............................................................................................................................... 56 Table Page
TABLE 1-1 SUMMARY OF PROGRAM CHANGES BETWEEN EXISTING 2015–2023 HOUSING ELEMENT AND 2023–2031 HOUSING ELEMENT................................................................................ 4 A D D E N D U M T O T H E G E N E R A L P L A N E I R F O R T H E 2023 – 2031 H O U S I N G E L E M E N T U P D A T E

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Page ii PlaceWorks
December 2022 Page 1

1.Addendum to the Adopted General Plan EIR

1.1 BACKGROUND
The proposed 2023–2031 Housing Element (proposed project) will replace the existing 2015–2023 Housing Element and serve as the City of Emeryville’s (City’s) guiding policy document to meet future projected housing needs for all the City’s economic levels as expressed by the state required regional housing needs assessment (RHNA). The Housing Element is one of nine elements of the City’s General Plan.

The General Plan is the foundational development policy document for the City of Emeryville. It defines the framework by which the physical, economic, and human resources of the City are to be managed and used over time. The General Plan acts to clarify and articulate the intentions of the City with respect to the rights and expectations of the public, property owners, and prospective investors and business interests. The General Plan informs these citizens of the goals, objectives, policies, and standards for development of the City and the responsibilities of all sectors in meeting these. While the General Plan Environmental Impact Report (EIR) did not specifically address the Housing Element, the policies in the City’s General Plan address the physical impacts resulting from development in Emeryville.

As a policy document, the Housing Element does not result in physical changes to the environment but encourages the provision of affordable housing within the housing development projected within the existing land use designations in the Land Use Element of the General Plan. None of the policies in the proposed project would change the existing land use pattern, as established by the City of Emeryville General Plan and evaluated in the General Plan EIR.

It should be noted that the City’s Regional Housing Needs Allocation (RHNA) is 1,815 units, and the City has identified that the existing General Plan and zoning designations actually provide the development potential for over 2,723 units (i.e. 150% of its RHNA obligation). However, as shown in Table 3.1-2, General Plan Development at 2030, by Land Use, of the General Plan EIR, the General Plan EIR reasonably assumed the total residential development for 2030 under the General Plan to be 9,800 units. The City’s current RHNA and surplus added to its current number of residential units (7,6561) is 10,379 units, which would exceed the assumption used in the General Plan EIR for purposes of impact analysis by 579 units.

However, the City’s RHNA obligation is only 1,815 units, which, when added to the City’s existing 7,656 units, is within the assumption used in the General Plan EIR. Moreover, as shown in this addendum, the Housing Element’s identification of the development potential for the 579 additional units does not result in any new impacts that change the conclusions found in the General Plan EIR because the impacts of such a small number of units is so minimal.

This document serves as the environmental documentation for the City’s proposed 2023–2031 Housing Element update. This addendum to the City of Emeryville’s General Plan EIR, certified in 2009 (State 1 California Department of Finance, Demographic Research Unit, Report E-5, Population and Housing Estimates for Cities, Counties, and the State, January 1, 2021-2022, with 2020 Benchmark, Released May 2, 2022 A D D E N D U M T O T H E G E N E R A L P L A N E I R F O R T H E 2023 – 2031 H O U S I N G E L E M E N T U P D A T E

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1. Addendum to the Adopted General Plan EIR

Clearinghouse Number 2006022008), demonstrates that the analysis in that EIR adequately addresses the potential physical impacts associated with implementation of the proposed project, and the proposed project would not trigger any of the conditions described in CEQA Guidelines Section 15162 calling for the preparation of a subsequent EIR or negative declaration.

In summary, this addendum demonstrates that the adoption of the 2023-2031 Housing Element Update will not result in any environmental impacts outside the scope of those examined in the 2009 General Plan EIR.

It demonstrates that the 2009 General Plan EIR continues to be accurate in how it estimated future growth, with its total buildout figures still within estimates of the amount of housing necessary to provide its full RHNA obligation. While the existing General Plan and zoning designations could, in fact, accommodate more housing (i.e. 150% of the City’s RHNA obligation), that possibility exists regardless of the adoption of the current Housing Element update and, in any event, this addendum demonstrates that such a minor exceedance of the 009 EIR’s buildout assumption will not result in additional impacts not adequately analyzed in that EIR.

1.2 GENERAL PLAN EIR FINDINGS
The General Plan EIR addresses potentially significant impacts related to land use and housing; traffic, circulation, and parking; hazardous materials, toxics, and safety; biological resources; hydrology and flooding; geology and soils; noise; cultural resources; air quality; public services and utilities; parks and recreation; visual resources; and energy and greenhouse gases. Policies from the City’s General Plan are identified in the General Plan EIR as reducing significant impacts from development to a less-than-significant level for land use and housing; hazardous materials, toxics, and safety; biological resources; hydrology and flooding; geology and soils; public services and utilities; parks and recreation; and visual resources. In addition, the City has a development code and engineering standards that address the physical impacts of development on the environment. None of the regulatory processes are being amended by this project; therefore, they will continue to apply to all subsequent development.

The General Plan EIR determined that implementation of the City’s General Plan would result in significant and unavoidable impacts and/or cumulatively considerable significant and unavoidable impacts to the following environmental topics.
• Traffic, Circulation, and Parking
o Impact 3.2-1: Increased motor vehicle traffic between the existing condition and future (2030) with General Plan conditions would result in unacceptable level of service (LOS) at 10 study intersections. One is in Berkeley, one is in Oakland, the remaining eight are in Emeryville (two are State Highways).
o Impact 3.2-2: Increased motor vehicle traffic between the existing condition and future (2030) with General Plan conditions would contribute traffic to freeway segments that are expected to operate at unacceptable level of service (LOS).
o Impact 3.2-3: Increased motor vehicle traffic and increased congestion with the General Plan would result in increased transit travel times on transit corridors.

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1. Addendum to the Adopted General Plan EIR
August 2022 Page 3
• Noise
o Impact 3.7-2: New development under the proposed General Plan would contribute to a noticeable increase in the ambient noise level along some major roads, which would impact nearby existing and proposed residential receptors.
• Cultural Resources
o Impact 3.8-2: New development under the proposed General Plan within previously developed areas of the City has the potential to impact sites of local historic importance. • Air Quality
o Impact 3.9-1: New development under the proposed General Plan would increase population in the area at a rate greater than that assumed in regional air quality planning and, therefore, conflict with the implementation of the Bay Area Ozone Strategy.

1.3 PROJECT SUMMARY
CEQA requires the City to evaluate the environmental impacts associated with physical changes to the environment. As stated above, the Housing Element Update does not result in actual construction or physical changes to the environment; rather, the Housing Element Update is a policy document containing goals, policies, and programs that inform housing development within the City. Many of the goals, policies, and programs from the previous Housing Element are continued through to the proposed 2023–2031 Housing Element. Table 1-1 includes the changes in goals or policies between the existing 2015–2023 Housing Element and the proposed 2023–2031 Housing Element. Modifications to the existing policies are identified in the text following Table 1-1.

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Table 1-1 Summary of Program Changes Between Existing 2015–2023 Housing Element and 2023–2031 Housing Element Programs Progress Continue/Modify/Remove
Program H-1-1-1
Continue to support a Housing Rehabilitation Program for Emeryville homes through Community Development Block
Grant (CDBG) funds.

The City contracted with the Alameda County Healthy Homes Department throughout the planning period to implement the Housing Rehabilitation Program using CDBG funds. In 2020, an additional contract for minor home repair services was issued to Rebuilding Together North East Bay using general funds.

A total of 13 homes were rehabilitated between 2019 and 2021 under the 2 programs.

Combine with Program H-1-1-3 and
Program H-5-1-4, modify and continue
this under Program X, Homeowner
Rehabilitation and Repair Programs.

Program H-1-1-2
Continue existing marketing and establish new marketing efforts for the Housing Rehabilitation Program. Provide current program information on the City’s website and develop a program brochure. Update the brochure annually, or as
needed, and make copies available at City Hall, the Senior Center, and other appropriate locations.

The program was advertised on the City’s website throughout the planning period and in a brochure at City Hall (except while City Hall was closed due to COVID-19). The Alameda County Healthy Homes Department updated and distributed the Housing Rehabilitation Program brochure and included Emeryville on their website throughout the planning period. From 2016-2019, the Alameda Healthy Homes Department provided an additional workshop at the Emeryville Senior Center and attended Emeryville public events. Under the guidance of the City Council Housing Committee, both programs continued to be promoted at the Senior Center, through the local Homeowner Association boards, General Contractors, Senior Support Groups, and Real Estate Agents. In 2020, the City updated their Housing Notification System making it more accessible to residents.

Remove. This activity no longer needs to
be reported as a separate program. All
marketing and public outreach for
Housing Element Programs will be
undertaken as Program FF, Access to
Information.

Program H-1-1-3
Continue to offer home maintenance education.

The City offered public educational opportunities for the Earthquake Brace + Bolt Program (EBB) throughout the planning period. The EBB Program is an incentive program offered by the California Residential Mitigation Program (CRMP), a joint-powers authority established by the California Earthquake Authority and the Governor’s Office of Emergency Services. The program offers homeowners up to $3,000 who complete a voluntary code-compliant brace and bolt retrofit to strengthen their homes. Voluntary seismic upgrade permits were issued and finalized in 2017 for two single-family homes. The City advertises these opportunities on the City’s website and through public outreach opportunities.

Combine with Program H-1-1-1 and
Program H-5-1-4, modify and continue
this under Program X, Homeowner
Rehabilitation and Repair Programs.

Program H-1-2-1
Continue to convene the Community Preservation Committee and administer the Community Preservation Program to
encourage and improve maintenance of single- and multifamily residences in older residential neighborhoods. Provide rehabilitation program information and conduct code
inspections on a case-by-case basis.

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 Community Development Department inspected over 500 single-family and multifamily homes in 2021 and estimated that 2 percent or 11 residences 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 most roof issues. The property owner decides timing for repair permit necessity.

Remove. The Community Preservation
Committee no longer exists. The
rehabilitation and maintenance of
residences in older residential
neighborhoods will now take place as a
part of Program X, Homeowner
Rehabilitation and Repair Programs.

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1. Addendum to the Adopted General Plan EIR
December 2022 Page 5
Programs Progress Continue/Modify/Remove
The City of Emeryville Building Division entered into 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 Environmental Protection Agency (EPA) rules to conduct any renovation, repair, or painting work for compensation on pre-1978 buildings.

Program H-1-2-2
Retain and continue to implement the Residential
Preservation Ordinance, which requires City Council approval for demolition of residential structures.

The City Council approved two residential structures for demolition to be replaced by two new residential structures in 2015. The City issued two residential demolition permits (1258 Ocean Avenue and 1264 Ocean Avenue) in 2017. No residential structures were approved for demolition in 2016, 2018, or 2019. Four single-unit homes were approved by the City Council for demolition to be replaced with three duplexes on one parcel (1034-1042 47th Street) in 2020. In addition, the applicant agreed to record a deed-restriction for a 20-year period of affordability for a two-bedroom unit on the adjacent parcel to the north. In 2021, City Council approved 6 units to be demolished and will build 6 new units on the same site to ensure no net loss units.

Modify and continue this under Program
TT, Demolition Program.

Program H-1-3-1
Work proactively to retain existing subsidized affordable housing units that are at risk of converting to market rate.

Maintain and regularly update the inventory of affordable housing units and identify those that may be at risk of converting to market rate. Reach out to property owners and provide technical assistance and funding application
assistance. Identify potential funding sources, assist with the identification of potential nonprofit housing providers to purchase and operate at-risk properties, and provide tenants with education regarding their rights and conversion
procedures.

Throughout the planning period, the City maintained an inventory of rental and ownership units restricted for occupancy by lower- and moderate-income households. No rental units were ever at risk of converting to market rate throughout the planning period. Throughout the planning period, the City monitored affordable ownership units for any instances of default and proactively worked with owners to avoid foreclosures. Approximately three homeowners per year requested this assistance. In 2021, the City acquired one homeownership unit to preserve affordability restrictions.

Modify and continue under Program AA,
Conversion of At-Risk BMR Rental Units.

Program H-1-3-2
Continue to monitor and comply with state law relating to the use of Low/Moderate Income Asset Funds from the former
Redevelopment Agency. Track the use of such funds and
report activities to the State. Minimize and report on the loss of any affordable units or displacement of residents resulting from the use of Asset Funds.

The City complied with state law related to the use of Low-/Moderate-Income Housing Asset Funds (LMIHAF) throughout the planning period. Funds were tracked and reported on an annual basis throughout the planning period. Four units were removed from the LMIHAF portfolio in 2021 due to homeowners paying off their homebuyer assistance loans and with 154 units remaining in the portfolio.

Remove. The City is required to do this to
remain in compliance with the Low
Moderate-Income Asset funds as a
Successor Agency. It is no longer needed
as a Housing Element Program.

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Programs Progress Continue/Modify/Remove
Program H-2-1-1
Continue to offer a density bonus for developments that include affordable units and consider offering additional regulatory incentives such as free or reduced cost
preapplication meetings, study sessions, and/or expedited application review and permit processing.

The City revised the Planning Regulations to require affordable housing in residential projects to receive a density bonus. The new regulations were upheld throughout the planning period. Free pre-application meetings were made available to applicants. In 2016, the Planned Unit Development for the Sherwin Williams project was approved; this project qualified for a density bonus. Two projects received bonus points under the City’s local bonus point ordinance in 2018:

Sherwin-Williams Mixed-Use (85 affordable units) and Adeline Springs (5 affordable units).

Combine with Program H-2-1-2 and
Program H-2-2-3, modify, and continue
this under Program A, Housing
Development Regulatory Programs.

Program H-2-1-2
Continue to implement the Affordable Housing Program
(formerly known as the Affordable Housing Set-Aside
Ordinance) to require the inclusion of below-market-rate units in residential projects.

The City continued the Affordable Housing Program throughout the planning period. The program required affordable housing in rental housing, impact fees in ownership housing, and affordable units to be provided in lieu of the fee. In 2020, one 100 percent affordable housing rental housing development (San Pablo Affordable Apartments at 3600 San Pablo Avenue) was submitted for entitlement. In 2021, one rental housing application (1225 65th Street) was submitted for entitlement and will require compliance with the Affordable Housing Program.

Combine with Program H-2-1-1 and
Program H-2-2-3, modify and continue
this under Program A, Housing
Development Regulatory Programs.

Program H-2-2-1
Collect housing impact fees for rental housing and nonresidential development projects. Place collected fees in a housing trust fund and prioritize assistance for the provision of extremely low-, very low-, low-, and moderate-income housing in the use of this fund.

By the end of 2021, the City collected a total of $1,418,304 in impact fess throughout the planning period, with an average collection of $236,384 per year over six years.

Modify and continue this under Program
F, Impact Fees.

Program H-2-2-2
Include extremely low-, very low-, and/or low-income housing in City-assisted development projects whenever feasible.

The City continued negotiations with a developer throughout 2015-2018 to develop an 86-unit family housing project at 3706 San Pablo, called Estrella Vista. The project was constructed, and initial leasing began during the planning period.

The City issued a Request for Qualifications/Proposal for the development of a 100 percent affordable housing project and received a $2M development loan to redevelop an existing site into a mixed-use affordable housing development in 2019.

In 2020, the City entered into an Exclusive Rights to Negotiate Agreement with a Non-Profit Developer to redevelop 4300 San Pablo Avenue into a 100 percent Affordable Housing project.

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. City and Housing Successor Agency real estate assets were identified in the Plan and funding to support the redevelopment of these City-owned sites for affordable housing was outlined. Through the City’s inclusionary ordinance, all residential projects are required to reserve units for very low-, low-, and moderate-income households.

Combine with Program H-6-1-2, modify
and continue this under Program G, Citysponsored Development Fund.

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1. Addendum to the Adopted General Plan EIR
December 2022 Page 7
Programs Progress Continue/Modify/Remove
Program H-2-2-3
Where feasible and appropriate, consider a reduction in the inclusionary percentage requirement on development projects subject to the City’s Affordable Housing Program (formerly known as the Affordable Housing Set Aside Ordinance) to support the inclusion of units at a deeper affordability level.

Throughout the planning period, the City considered the reduction of the inclusionary percentage requirement on development projects to support the inclusion of units at a deeper affordability level.

The Marketplace development project was not subject to the Affordable Housing Program.

However, in the early phases of the planning period, the City negotiated with the developer to deed-restrict 11 percent of all housing units to be affordable (22 low-income and 28 moderateincome units). In addition, the City signed an Affordability Agreement on Parcel D of the Marketplace project in 2016 and Parcel C in 2018.

In 2020, an Affordable Housing Agreement was completed, using the State Density Bonus in lieu of the City’s Affordable Housing Program. As a result, deeper affordability levels were achieved than required by the City’s ordinance.

Combine with Program H-2-1-1 and
Program H-2-1-2, modify and continue
this under Program A, Housing
Development Regulatory Programs.

Program H-2-2-4
Continue to offer down payment assistance through the City’s First-Time Homebuyer Program and Ownership Assistance
Program to improve homeownership opportunities for low- and moderate-income households.

The City made the First-Time Homebuyer (FTHB) Loan Program available to low- and moderateincome households throughout the planning period. The program is available on market-rate and co-op developments. Despite interest in the program, no applications for the program were received between 2015 and 2019 and in 2021. One FTHB application was received and approved in 2020. Based on conversations with potential applicants and real estate agents, the City concluded that sellers had many options for interested buyers and selected buyers that were not pursuing City loans. In 2019, the City began re-examining the program to find ways to make it more effective and useful for the current market cycle. New guidelines for the program are being drafted.

Another factor in the low utilization of the program is the high cost of housing, relative to incomes.

While lower-income households would be eligible for the program based on their income, often these households cannot afford market-rate homes even with down payment assistance.

Combine with Program H-4-2-1, Program
H-4-2-2, Program H-4-2-3, Program H-6-
2-1, and Program H-6-2-3; modify and
continue this under Program M,
Homebuyer Assistance Programs.

Program H-2-2-5
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- and very low-income households, whenever possible.

The City continues to work with affordable housing developers to identify and leverage local, state, and federal funding programs that will assist in maximizing the number of affordable units.

Throughout the planning period, the City worked with developers to identify and leverage funding to support the construction of Estrella Vista, an 86-unit family housing project at 3706 San Pablo Avenue. This project was one of the first in the state to be awarded Cap and Trade funds.

Prior to closing on a development loan in December 2019 for an affordable housing project, the City notified the developer of the release of a NOFA for the Veterans Housing and Homelessness Prevention Program funding.

The City worked with the Non-Profit Developer for the San Pablo Affordable Apartments at 3600 San Pablo Avenue to ensure they will be aligned to apply for No Place Like Home and Affordable Housing and Sustainable Communities Funding in early 2021.

Modify and continue this under Program
L, New Funding Opportunities
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Programs Progress Continue/Modify/Remove
Program H-2-2-6
Continue to support regional and statewide efforts to establish new sources of funding for affordable housing.

The City has continuously supported regional efforts to provide new sources of affordable housing funding following the closing of Redevelopment Agencies. The City supported the County of Alameda Affordable Housing Bond, which passed in 2016. Locally, city residents passed a $50,000,000 affordable housing bond in 2018. The City adopted the Affordable Housing Administration and Expenditure Plan in February 2021 to guide the administration of the housing bond.

Remove. Not needed as a Housing
Element Program.

Program H-2-2-7
Utilize a portion of “boomerang” funds, increased property tax from former Redevelopment Agency project areas, to support affordable housing projects and program.

The City continues to set aside 20 percent of the boomerang funds to support affordable housing in the city. Boomerang funds are the portion of former redevelopment tax increment funds that return to the City as a one-time lump sum from former Low- and Moderate-Income Housing Fund projects and an ongoing increase in property tax. The City adopted the Affordable Housing Administration and Expenditure Plan in February 2021, which outlines a plan to commit and expend the current balance of boomerang funds by 2023.

Remove. The City has committed to
doing this as an ongoing priority and it is
no longer needed as a Housing Element
Program.

Program H-3-1-1
Encourage the inclusion of extremely low- and very lowincome 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 projects subject to the City’s Affordable Housing Program (formerly known as the Affordable Housing Set-Aside Ordinance). Work with the unit sponsor to ensure a plan is in place to provide ongoing support services to tenants of these units.

Staff worked with the developers of Estrella Vista at 3706 San Pablo to include units for people living with HIV/AIDS in addition to units for residents with both physical and developmental disabilities.

The City continues to encourage the inclusion of extremely low- and very low-income affordable units for people living with physical and/or developmental disabilities and Shelter-Plus-Care units in projects subject to the City's Affordable Housing Program.

The City adopted the Affordable Housing Administration and Expenditure Plan in February 2021, which outlines several programs that will require the preservation or production of affordable housing units for persons with special needs.

Combine with Program H-3-1-4, modify
and continue this under Program O,
Housing and Services for Persons with
Disabilities.

Program H-3-1-2
Support the development of Residential Care Facilities for the Elderly (RCFE) and independent senior housing
developments, where appropriate, particularly senior facilities that offer housing affordable to lower-income senior
households.

Staff conducted a feasibility analysis of developing senior housing on the Recreation Center site at 4300 San Pablo Avenue after the Recreation Center moved to Emeryville Center of Community Life. Staff issued a Request for Proposals (RFP) in 2017 for an affordable housing developer to build senior housing on the site. However, the RFP was postponed to upzone the site to increase project feasibility. The City rezoned the area in 2018 and reissued the RFP in 2019. In 2020, 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. In 2021, the City supported the adoption of Senate Bill 591, which allows for the creation of intergenerational housing in California.

Modify and continue this under Program
OO, Housing for Seniors.

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1. Addendum to the Adopted General Plan EIR
December 2022 Page 9
Programs Progress Continue/Modify/Remove
Program H-3-1-3
Continue to offer a density bonus for developments that provide universal design features. Evaluate the feasibility and appropriateness of amending the Planning Regulations to require the provision of universal design features in a portion of residential units in new developments.

Some universal design features were made part of the State Building Code between 2015 and 2017. Development bonuses were available for projects that include additional universal design features. However, because the Building Code now requires Universal Design features, the City no longer offers bonus points for them.

Modify and continue this under Program
UU, Universal Design Program.

Program H-3-1-4
Evaluate the feasibility of partnering with a nonprofit housing developer and service provider to develop housing for
disabled or developmentally disabled persons on Citycontrolled sites.

The City continues to evaluate the feasibility of partnering with a nonprofit housing developer and service provider to develop housing for disabled or developmentally disabled persons on Citycontrolled sites, when available.

In 2018, the City prepared to issue an RFP for senior housing on the Recreation Center Site at 4300 San Pablo Avenue. This project will include units for disabled seniors.

The Estrella Vista development at 3706 San Pablo Avenue includes 6 units reserved for households with a developmentally disabled member. The City partnered with a nonprofit housing developer and service provider to develop Estrella Vista.

In 2020, the City worked with consultants to research the potential in Emeryville for incentivizing the development of supportive housing within mixed-income developments and for developing a master leasing program. The City will continue to examine the feasibility of implementing these programs that would assist disabled or developmentally disabled persons with lower incomes.

The City adopted an Affordable Housing Administration and Expenditure Plan in 2021. One program within the plan allocates approximately $4 million dollars to incentivize the creation of additional below-market-rate (BMR) units for special-needs populations.

Combine with Program H-3-1-1, modify
and continue this under Program O,
Housing and Services for Persons with
Disabilities.

Program H-3-2-1
Continue to support the countywide effort to prevent and end homelessness through strategies described in the “EveryOne Home – Alameda Countywide Homeless and Special Needs
Housing Plan.” Monitor the plan’s progress through City participation in collaborative groups including EveryOne Home working committees, the Alameda County Urban County
Technical Advisory Committee, and the Alameda County
HOME Consortium Technical Advisory Committee.

The City is a member of EveryOne Home and continues to identify and implement many measures of the EveryOne Home Plan. The City
volunteered as a reviewer in EveryOne Home’s annual Notice of Funding Availability (NOFA) process in 2015 and 2016. The City also 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 that 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.

Due to the COVID-19 pandemic and changes in leadership to the EveryOne Home group, the City has not been invited to Technical Advisory Committee meetings recently. However, the City is actively working with EveryOne Home 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 Combine with Program H-3-2-2, modify
and continue this under Program BB,
Housing and Supportive Services for
Homeless and Formerly Homeless.

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C I T Y O F E M E R Y V I L L E

1. Addendum to the Adopted General Plan EIR

Programs Progress Continue/Modify/Remove
will create 25 permanent supportive housing units for very low-income households upon completion.

Program H-3-2-2
Continue to allocate Community Development Block Grant
(CDBG) funds to support a homeless shelter and service
provider to provide housing, meals, and other support services to homeless individuals who reside or have resided in
Emeryville.

The City provides homeless services through General Funds and Community Development Block Grant (CDBG) funds for outreach, harm reduction (including food), and providing case management services to people experiencing homelessness in Emeryville. From 2016-2019, the City allocated CDBG funds for the Homeless Management Information System (HMIS).

Additionally, in 2021, 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.

Combine with Program H-3-2-1, modify
and continue this under Program BB,
Housing and Supportive Services for
Homeless and Formerly Homeless.

Program H-3-2-3
Continue to provide information at City Hall and through the City’s website on resources available for emergency housing assistance. Ensure that City staff across multiple departments is aware of referral procedures and the location of resource information.

The City continues to provide information on its website and at the Senior Center and City Hall.

Housing staff works with the Emeryville Police Department Homeless Liaison on specific issues related to homelessness.

Due to the closure of City Hall associated with the COVID-19 pandemic, the City has focused distribution of information on available resources via the City's website, posting of informational flyers, direct contact by the City Police Department homeless liaison, and through direct outreach via the City's contract homeless outreach and housing navigation team, Operation Dignity.

Outreach efforts were also increased to include evening and weekend hours.

Remove. All marketing and public
outreach for Housing Element Programs
will be undertaken as Program FF,
Access to Information.

Program H-3-2-4
Facilitate communication and coordination between the City, the Emery Unified School District, and service providers when families are identified to be at risk of homelessness.

Collaborate to provide these families with information
regarding local resources and potential housing opportunities.

Housing staff regularly works with Emery Unified School District (EUSD) staff to identify resources for families who are experiencing housing crises or homelessness.

In 2015, staff worked with the Community Services Department to provide information, computers, and assistance when the Housing Authority of the County of Alameda opened its Section 8 Voucher and Project Based Voucher waiting lists in July/August of 2015 and helped approximately 70 households apply for vouchers.

In 2020, the City worked with East Oakland Community Project and Family Front Door (FFD) to open a temporary shelter at 4300 San Pablo Avenue to serve the needs of families that are homeless or identified as at risk of homelessness. As part of the City's grant contract to FFD, the agency is required to engage in outreach efforts with EUSD.

Modify and continue this under Program
HH, Schools and Child Care Centers.

Program H-4-1-1
Maintain an inventory of sites available and appropriate for residential development for households of all income levels to ensure adequate sites are available through the planning period to meet the City’s Regional Housing Needs Allocation (RHNA).

Of the planned residential developments on the sites inventory table (Table 4-2 in the previous Housing Element), plus some on sites not in that table, as of December 2020, all were approved, 957 units were completed, 872 units were under construction, and 143 approved units had not yet started construction
Modify and continue this under Program
JJ, Site Inventory Program.

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C I T Y O F E M E R Y V I L L E

1. Addendum to the Adopted General Plan EIR
December 2022 Page 11
Programs Progress Continue/Modify/Remove
Program H-4-1-2
Continue to encourage residential mixed-use development through the implementation of General Plan land use
designations and the Planning Regulations
Several mixed-use projects went through the development process during the planning period. In 2019, the City received applications for two mixed-use projects (58Fifty Shellmound and Onni), approved one mixed-use project (Marketplace B), issued a certificate of occupancy for one mixeduse project (Estrella Vista), and saw remediation efforts on one mixed-use project (SherwinWilliams), which was approved in 2018.

In 2020, the City received and approved its first project submitted under the SB 35 streamlined application review process. The San Pablo Affordable Apartments will have 90 units of affordable housing and a ground floor commercial space that will be used by ECAP (the Emeryville Citizens’ Assistance Program, classified in the Emeryville Planning Regulations as a “Social Service Facility”).

Remove. It is not necessary to report on
this as a separate program, as residential
mixed-use development is required in
City Planning Regulations for parcels
over 1 acre in the MUR and MURS zone.

On sites less than 1-acre, mixed-use
development occurs as well.

Program H-4-2-1
Continue to offer down payment assistance through the City’s First-Time Homebuyer Program, which provides low-interest loans of up to 20 percent of the purchase price to very lowincome to moderate-income teachers in the Emery Unified School District with very low to moderate incomes for both market-rate and below-market-rate units.

The City continues to provide a First-time Homebuyers program for low- to moderate-income teachers at EUSD. The program is available on market-rate and co-op developments. During the planning period, no teachers applied for the program (See also response with Program H-2-2-4).

Combine with Program H-2-2-4, Program
H-4-2-2, Program H-4-2-3, Program H-6-
2-1, Program H-6-2-3, modify and
continue this under Program M,
Homebuyer Assistance Programs.

Program H-4-2-2
Continue to offer down payment assistance through the City’s First-Time Homebuyer Program, which provides low-interest loans of up to 20 percent of the purchase price to City of Emeryville employees with any income for market-rate units and with very low to moderate income for below-market-rate units.

The City continues to provide a First-Time Homebuyers program to low- and moderate-income households. The program is available on market-rate and co-op developments. No City staff have applied for the program. (See also response with Program H-2-2-4) Combine with Program H-2-2-4, Program
H-4-2-1, Program H-4-2-3, Program H-6-
2-1, Program H-6-2-3, modify and
continue this under Program M,
Homebuyer Assistance Programs.

Program H-4-2-3
Advertise the availability of below-market-rate units (BMRs) to teachers in the Emery Unified School District, City employees, and employees of the Emeryville Child Development Center.

Staff works with departments and EUSD during the marketing of affordable units. People who work and/or live in Emeryville and/or have students at EUSD are given preference in the sale of new BMR units. Emails are sent to City Staff and EUSD staff whenever a BMR ownership unit becomes available for resale.

Combine with Program H-2-2-4, Program
H-4-2-1, Program H-4-2-2, Program H-6-
2-1, Program H-6-2-3, modify and
continue this under Program M,
Homebuyer Assistance Programs.

Program H-4-2-4
Ensure that new residential developments that include a below-market-rate live/work units conduct targeted marketing to artists and craftspeople to foster occupancy of these affordable below-market-rate live/work units by
artists/craftspeople.

The City continues to ensure that BMR live/work units are marketed to artists and craftspeople when they become available. The City has worked with the management companies of Parc on Powell and 3900 Adeline to advertise their live/work units to artists in Emeryville. In 2021, staff began discussions with Sherwin Williams on the marketing requirements for their BMR units, which includes 4 live/work units.

Modify and continue this under Program
P, Live/Work Units.

A D D E N D U M T O T H E G E N E R A L P L A N E I R F O R T H E 2021 – 2029 H O U S I N G E L E M E N T U P D A T E

C I T Y O F E M E R Y V I L L E

1. Addendum to the Adopted General Plan EIR

Programs Progress Continue/Modify/Remove
Program H-4-2-5
Encourage the development of affordable live/workspace for artists and craftspeople.

The City continues to encourage the development of affordable live/work space for artists and craftspeople. Parc on Powell has one live/work unit that is affordable to moderate-income households, and the 3900 Adeline development will have one live/work unit that is affordable to a very low-income household. When the units are marketed, staff requires the developer to outreach to the artist community. The City received a request to convert 11 existing market-rate live/work units to 11 BMR live/work units in an effort to provide a flexible community benefit for another project they were seeking entitlements on. As of 2021, staff were negotiating the terms of this proposal.

Modify and continue under Program Q,
Housing for Artists/Craft-persons.

Program H-4-2-6
Promote quality and diversity in the architectural style of new housing developments.

Projects with a variety of architectural styles were proposed and approved during the planning period:

1. Doyle Mews, which is modern with clean lines and wood

2. Estrella Vista, which has articulated base, middle, and top

3. Adeline Springs, which has a curved sculptural style In 2018, the Planning Commission worked with the Sherwin-Williams and Marketplace residential project designers to improve materials, rooflines, window details, façade shapes and rhythms, porches, and other details for architectural quality and diversity.

The Planning Commission also worked with the aspiring developers of Marketplace B, Onni, and 58Fifty Shellmound in 2019 to improve project design.

During the 2020 review of the San Pablo Affordable Apartments at 3600 San Pablo Avenue, there was a community meeting as well as Planning Commission and City Council study sessions that provided feedback on the design and architecture of the building that the applicant incorporated into their approved plans.

Remove. Design standards are
incorporated within Program C, Objective
Design Standards.

Program H-5-1-1
Through participation in the Alameda County Urban County Community Development Block Grant (CDBG) Entitlement
jurisdiction, 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 low-income tenants and landlords.

The County uses Urban County CDBG funds and Local General Funds to contract with ECHO Fair Housing and East Bay Community Law Clinic (EBCLC) to provide fair housing and landlord/tenant mediation to renters in Emeryville. Information on their services is available at City Hall and on the City’s website.

In 2019, ECHO assisted 26 households with Tenant/Landlord Counseling and 14 households with Fair Housing Counseling. Using General Funds, an additional 3 households were assisted by ECHO as administrator of the City’s Just Cause Eviction Ordinance. In 2020, ECHO provided service to 54 households and EBCLC provided service to 32 households.

Modify and continue this under Program
DD, Fair Housing Counseling.

Program H-5-1-2
Continue to advertise fair housing counseling services
provided by ECHO or another fair housing counseling
organization through a variety of means, including public information available at Emeryville City Hall, in the City’s Activity Guide, and on the City’s website.

Renter's rights information is published in each City Activity Guide with referrals to fair housing and tenant organizations. Information on services is available at City Hall on the website as well as in the E-news.

Due to the closure of City Hall associated with the COVID-19 pandemic, in 2020, the City had to focus distribution of information on the Fair Housing Counseling Services through the City’s website or through inquiries submitted electronically.

Remove. This activity no longer needs to
be reported as a separate program. All
marketing and public outreach for
Housing Element programs will be
undertaken as Program FF, Access to
Information.

A D D E N D U M T O T H E G E N E R A L P L A N E I R F O R T H E 2023 – 2031 H O U S I N G E L E M E N T U P D A T E

C I T Y O F E M E R Y V I L L E

1. Addendum to the Adopted General Plan EIR
December 2022 Page 13
Programs Progress Continue/Modify/Remove
Additionally, the City revamped the Housing Notification System in 2020 to allow interested residents to register to obtain information on a variety of housing topics, such as fair housing, on a regular basis.

Program H-5-1-3
Include appropriate fair housing and equal opportunity
language in all contractual agreements that the City enters into with developers pertaining to housing. Require that
developers include equal opportunity language in housing in marketing materials for below-market-rate units provided in compliance with the City’s Affordable Housing Program
(formerly known as the Affordable Housing Set-Aside
Ordinance).

The City requires fair housing language and logos on all Marketing Plans for affordable units and within the Affordable Housing Agreements, as well as requiring the management companies to provide special outreach to populations least likely to apply and to translate marketing materials for language-isolated populations. The City will continue to review these documents as they come in to ensure compliance.

Modify and continue this under Program
PP, Affirmative Fair Housing Marketing
Plan.

Program H-5-1-4
Continue to support an Accessibility Grant Program to improve home accessibility for lower-income households with
disabilities and/or developmental disabilities.

The City provided an Access Improvement Program and worked with 3 lower-income homeowners in 2015 and one in 2016 to rehabilitate their units. The City has contracted with Alameda County Healthy Homes to provide minor home repairs and Alameda County has used A1 bond funds to start a county-wide home rehabilitation program. The City continues to support Rebuilding Together East Bay-North and Alameda County Healthy Homes Program in providing accessibility grants for low-income households.

Combine with Program H-1-1-1 and
Program H-1-1-3, modify and continue
this under Program X, Homeowner
Rehabilitation and Repair Programs.

Program H-6-1-1
Adopt and implement an amendment to the City’s Design
Guidelines that provides standards for the development of family-friendly housing. The guidelines will address site design as well as unit design, including unit sizes and layouts, relationship of units to outdoor areas, and other unit and community features.

The family-friendly residential amendment to the City Design Guidelines was adopted on May 19, 2015. As projects are proposed, the City continues to implement these Design Guidelines.

The Marketplace and Nady projects, which were approved in 2016, comply with these guidelines, and the Sherwin-Williams project was evaluated against it.

Modify and continue this under Program
R, Family Friendly Housing.

Program H-6-1-2
Continue to evaluate City-controlled sites for potential redevelopment as affordable family-friendly housing,
specifically designed to attract families with children. As opportunities are identified, partner with qualified affordable housing developers to provide site design, construction, and management.

The City continues to evaluate City-controlled sites for potential redevelopment as affordable family-friendly housing. A family-friendly development was completed at Estrella Vista at 3706 San Pablo Avenue, a former City-controlled site that is a 100% Affordable Family Housing development.

The Family Friendly Design Guidelines were also used in review of the Sherwin-Williams MixedUse project, which was entitled in 2018.

Combine with Program H-2-2-2, modify
and continue this under Program G, Citysponsored Development Fund.

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C I T Y O F E M E R Y V I L L E

1. Addendum to the Adopted General Plan EIR

Programs Progress Continue/Modify/Remove
Program H-6-2-1
Work with the Alameda County Housing and Community
Development Department to advertise the availability of Mortgage Credit Certificates to increase the financial feasibility of homeownership for Emeryville households. Make
information available on the City’s website, at City Hall, and in other appropriate locations.

Staff works with Alameda County to make the Mortgage Credit Certificates (MCC) program available to Emeryville buyers and works with mortgage brokers involved in the resale of belowmarket rate (BMR) units to review the program for their buyers. In 2019, 9 households received an MCC. MCC funds were not available in Alameda County in 2020 and 2021.

Combine with Program H-2-2-4, Program
H-4-2-1, Program H-4-2-2, Program H-4-
2-3, Program H-6-2-3, modify and
continue this under Program M,
Homebuyer Assistance Programs.

Program H-6-2-2
Provide education and technical assistance to condominium homeowners associations (HOAs) to encourage owner
occupancy and ensure projects achieve or maintain eligibility for Federal Housing Association (FHA) insured loans.

The City collaborated with HOAs throughout the planning period to encourage and verify owner occupancy for participants in the City’s First-Time Homebuyer Loan and BMR programs.

Outreach to the HOAs is awaiting an anticipated change in the FHA rules regarding the percentage of owner-occupied units in condominium complexes.

Remove. This program is not currently
active.

Program H-6-2-3
Continue to offer low-interest first time homebuyer assistance loans to low- and moderate-income households.

The City made the First-Time Homebuyer (FTHB) Loan Program available to low- and moderateincome households throughout the planning period. The program is available on market-rate and co-op developments. Despite interest in the program, no applications for the program were received between 2015 and 2019 and in 2021. One FTHB application was received and approved in 2020. Based on conversations with potential applicants and real estate agents, the City concluded that sellers had many options for interested buyers and selected buyers that were not pursuing City loans. In 2019, the City began re-examining the program to find ways to make it more effective and useful for the current market cycle. Another factor in the low utilization of the program is the high cost of housing, relative to incomes. While lower-income households would be eligible for the program based on their income, often these households cannot afford market-rate homes even with down payment assistance.

Combine with Program H-2-2-4, Program
H-4-2-1, Program H-4-2-2, Program H-4-
2-3, Program H-6-2-1, modify and
continue this under Program M,
Homebuyer Assistance Programs.

Program H-6-3-1
Continue to implement the City’s Foreclosure Prevention and Predatory Lending Prevention Strategy through education and outreach, referrals, and technical assistance.

Foreclosures in the City have slowed significantly during the planning period and the Unity Council assistance program was cancelled in 2015. However, staff continue to assist residents at risk of losing their homes to foreclosure, including residents in BMR homes. Staff has referred interested residents to Keep Your Home California and the HOPE foreclosure program, among other resources.

In 2020, in response to the COVID-19 pandemic, the City adopted a Homeowner Association (HOA) foreclosure moratorium to prevent HOAs from foreclosing on homeowners for their inability to pay HOA dues from March to September 2020. Additionally, the City has included a Foreclosure Prevention Program in the Affordable Housing Administration and Expenditure Plan, which was adopted in February 2021.

Modify and continue this under Program
J, Foreclosure Prevention Programs.

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C I T Y O F E M E R Y V I L L E

1. Addendum to the Adopted General Plan EIR
December 2022 Page 15
Programs Progress Continue/Modify/Remove
Program H-7-1-1
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.

The City continued to offer low-interest loans or grants to property owners and developers seeking to remediate housing development sites. Non-profit developers are eligible to receive a partial grant within the Revolving Loan Fund.

The City sought but did not receive a 2016 US EPA grant for $200,000 for assessment of affordable housing Transit-Oriented Development opportunity for sites owned by the City (or potentially to be acquired by the City) and in the Emeryville Priority Development Area.

Remediation of the Estrella Vista site at 3706 San Pablo Avenue was completed for development of affordable housing on a City-owned parcel using a 2012 US EPA cleanup grant. Construction began in 2017 and continued through 2018.

In 2021, the Christie Avenue properties held by the Successor Agency began predevelopment work with a transaction expected no later than September 2022. The revolving Loan Fund, which has $3.2 M available, is expected to be used for site assessment, remediation, reporting, and longterm assessment, as needed.

Combine with Program H-7-1-2 and
continue under Program S, Brownfield
Remediation Loans.

Program H-7-1-2
Continue to work with developers to seek outside funding opportunities for site remediation and offer technical
assistance with funding applications.

The City will market its $1.9 million Revolving Loan Fund (RLF) to developers partnering with the City to develop City-owned sites in need of remediation, including housing sites on Christie Avenue and San Pablo Avenue. The City markets the RLF through its website and preconstruction meetings.

Marketing efforts have been limited due to the need to coordinate three properties affected by the timeline of a significant remediation on one property. This remediation has impacts on another property, which precludes a third’s relocation.

In 2019, staff attended a national conference on Brownfield Cleanup and attended a session on best practices for managing RLFs.

In 2020, staff studied using the RLF for a Successor Agency property that would allow redevelopment of housing sites when re-used but found a City instrument more expeditious than this program.

Combine with Program H-7-1-1 and
continue under Program S, Brownfield
Remediation Loans.

Program H-7-2-1
Continue to require that developers complete the appropriate GreenPoint Rated or LEED Checklist as part of their submittal to the Emeryville Planning and Building Department.

The City continues to require developers to complete the LEED or GreenPoint Rated checklist as part of Planning and Building submittals. Projects that completed the appropriate checklist with their submittals include:

1. Marketplace Parcel C2

2. The Intersection (Maz site)

3. Estrella Vista, 3706 San Pablo

4. 39th and Adeline
Modify and continue this under Program
U, GreenPoint/LEED Requirements.

A D D E N D U M T O T H E G E N E R A L P L A N E I R F O R T H E 2021 – 2029 H O U S I N G E L E M E N T U P D A T E

C I T Y O F E M E R Y V I L L E

1. Addendum to the Adopted General Plan EIR

Programs Progress Continue/Modify/Remove
Program H-7-2-2
Include the appropriate GreenPoint or LEED Checklist in all City-led requests for proposals (RFPs) for new housing
developments and include the checklist as a review criterion in the developer selection process.

The City included GreenPoint or LEED in the RFP that resulted in the Estrella Vista project at 3706 San Pablo Avenue and in the RFP for the former Recreation Center Site in 2019. In 2017, the Marketplace developer included the required Greenpoint/LEED checklist with their submittals, as did the Estrella Vista developer.

In 2019, the City issued an RFQ/P for 4300 San Pablo Avenue with a requirement that the project achieve a minimum of 100 “GreenPoint Rated” points plus meet all minimum requirements of LEED Silver certification.

Remove. All new construction and
rehabilitation projects are required to
incorporate Green Point or LEED
standards.

Program H-7-2-3
Ensure that public information materials are available at the City and through the website on green building resources and funding opportunities.

The City’s Green Building website was updated in 2015. The City's Sustainability website includes information on a full complement of topics, including grants available to the community, waste, stormwater, active transportation, energy, and building materials. Sustainability information is frequently communicated through City tweets and Newsflash articles.

Remove. This activity no longer needs to
be reported as a separate program. All
marketing and public outreach for
Housing Element programs will be
undertaken as Program FF, Access to
Information.

Program H-7-2-4
Continue to require design and operation measures to protect stormwater quality, including site design, pollutant source control, and vegetative stormwater treatment.

Vegetative stormwater treatment is required in projects with 500 or more square feet of new landscaping. In 2015, these were addressed for 39th and Adeline residential project and the Intersection (Maz) project.

Additionally, vegetative stormwater treatment is required in projects disturbing or creating 5,000 or 10,000 or more square feet of permeable surface. Several large residential sites were completed with 100% treatment during the planning period.

An example is, “The Intersection," at 3800 San Pablo Avenue. Housing projects underway with vegetative stormwater treatment include the Sherwin-Williams development. The City continues to review all opportunities to incorporate vegetative treatment on new public projects regardless of size.

Remove. This has been incorporated into
Policy H-1-4.

Program H-7-2-5
Encourage new residential development projects to include features and materials that help to prevent stormwater
intrusion.

The Building Division requires windows and doors to be tested for water intrusion and replaced if they fail the test. Multifamily residential projects subject to this policy continue to comply. From June 2019 to January 2022, buildings consisting of 481 dwellings units have submitted licensed third-party certification building compliance forms. An additional 6 buildings consisting of 481 dwelling units are estimated to be completed and certificated within fiscal year 2023/24.

Remove. This has been incorporated into
Policy H-1-4.

Program H-7-3-1
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. Utilize these resources to the extent feasible and appropriate.

The City has taken action to redevelop two sites into affordable housing projects, located along the San Pablo Avenue corridor, within the Priority Development Area (the Recreation Center site at 4300 San Pablo Avenue and the San Pablo Affordable Apartments at 3600 San Pablo Avenue).

During the planning period, the City also received a Cap and Trade grant to help fund Estrella Vista, the family affordable housing project at 3706 San Pablo Avenue in Emeryville's Priority Development Area, partly because San Pablo Avenue is a key regional corridor with many Priority Development Areas along it. As funding resources or incentives become available, the City Continue as Program W, Priority
Development Area.

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C I T Y O F E M E R Y V I L L E

1. Addendum to the Adopted General Plan EIR
December 2022 Page 17
Programs Progress Continue/Modify/Remove
continues to work with the developers of both sites to secure the additional resources, as appropriate.

Program H-7-3-2
Continue to work with transit agencies, County and regional transportation agencies, and the Cities of Berkeley and Oakland to implement strategies identified in the EmeryvilleBerkeley-Oakland Transit Study (EBOTS) to improve transit access and proximity for Emeryville residents.

The City has continuously partnered with local transit agencies to ensure transit access for Emeryville residents. City staff worked with AC Transit to ensure that AC Transit's Service Expansion Plan meets several of the goals identified in the Emeryville- Berkeley-Oakland Transit Study.

In 2016, the City provided a layover space for AC Transit's 57 route extension to the Public Market and met with AC Transit to define the Transit Hub at 40th and San Pablo. The City also applied for and later received funding from the Alameda County Transportation Commission to support the Transit Hub, Emery Go-Round operations, and 8-to-Go senior and paratransit door-to-door shuttle service organized by the Senior Center. Concept designs for the Bus Hub, which now extends to Shellmound Street, includes dedicated bus lanes, a two-way protected bikeway, bus boarding areas with passenger amenities, and pedestrian and bicycle intersection improvements.

Modify and continue this under Program
II, Transportation.

Program H-7-3-3
Review the City’s Design Guidelines and identify opportunities to amend standards to promote high quality open space and community interactions, such as requirement of a community multipurpose room in larger residential development projects, mailbox locations that encourage social interactions, open spaces that engage with community spaces and the street, porches or decks that face the street or courtyards, and the design of individual units that promotes interaction with the street and common spaces.

The amendment to the Design Guidelines that was adopted in May 2015 included general residential guidelines regarding landscaped walkways, community multi-purpose rooms, mailbox placement, access from units to streets and common open spaces, active or articulated street frontages, porches, and views from units to streets or other exterior spaces.

The added guidelines were followed in the Anton (Nady site) project, which received Planning Commission approval in March 2016. The guidelines were also used in the design and evaluation of the Marketplace and Sherwin-Williams Mixed-Use projects in 2018. The guidelines were also used in review of applications for the 58Fifty and Onni projects in 2019.

During the review of the San Pablo Affordable Apartments at 3600 San Pablo Avenue, the Planning Commission and City Council used these guidelines and provided feedback on the open space and community rooms to improve the design of the project.

Remove. This program was completed.

Program H-7-4-1
Disseminate information on retrofit assistance programs, solar energy rebates, and alternative transportation programs and facilities, such as transit passes, bicycle parking, and carsharing pods.

The City provides information on a wide range of sustainability programs through its website. The City's Energy Conservation and Green Building webpages include up-to-date directories of products, agencies, and organizations.

The Environmental Services/Transportation webpages include up-to-date directories of resources and actions for businesses and residents, including information about transit options and passes, bike routes, and carpooling.

The City participated in and publicized a solar and alternative-fuel-vehicle discount program and is launching a commercial energy audit and upgrade program.

The Bicycle and Pedestrian webpage provides information about the Translink bike lockers at Amtrak and the City’s bike racks program, and in 2016, the City worked with housing staff and the public on siting for the new Bike Share program. Annual Bike To Work Day events are also described on the Bike and Pedestrian program pages.

Remove. The City will publicize Energy
Programs under Program “V” Energy
Programs. All marketing and public
outreach for HE Programs will be
undertaken as Program FF, Access to
Information.

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C I T Y O F E M E R Y V I L L E

1. Addendum to the Adopted General Plan EIR

Programs Progress Continue/Modify/Remove
Between 2018 and 2020, the City participated in and publicized a solar and alternative-fuel-vehicle discount program and continues to publicize transit and micro-transit opportunities. The City also updated its Housing Notification email list so that information on these programs can be sent directly to BMR tenants, homeowners, and interested residents.

In 2021, several agencies offered new assistance programs for energy, including the Building Decarb Coalition's "The Switch is On" campaign and East Bay Community Energy's "Resilient Home" program. The City launched its scooter-share program and continues to publicize transit and micro-transit opportunities.

Program H-7-4-2
Encourage energy conservation measures and use of green building materials in residential remodel projects.

The Building Code requires energy-conservation measures. The Energy-Efficient Emeryville (E3) Program, launched in 2016, offers no-cost energy audits and assistance to small and medium businesses. The City is actively working to strengthen energy code requirements through reach codes to encourage building electrification and increased energy efficiency. The first reach code, requiring all-electric construction of residential buildings along with installed solar in residential new construction up to 10 stories, was passed this year. Staff are also developing a development bonus opportunity for the use of mass timber in place of steel framing.

Modify and continue this under Program
Z, Energy Conservation Remodels.

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1.3.1 Modifications to Existing Policies
As shown in Table 1-1, the proposed 2023–2031 Housing Element consolidates many programs from the previous Housing Element to aid in implementation and eliminate redundancy. The programs focus on protecting existing housing stock and ensuring access to housing at all income levels. None of the programs in Table 1-1 would result in physical change in the environment. The following 37 amended programs are included in the proposed 2023–2031 Housing Element (Note: the following programs are modified to indicate changes to amended programs using underline for revised or new language or strikeout for deletions):

1.3.1.1 AMENDED PROGRAMS
▪ Program H-1-2-2 TT. Demolition Program.

Retain and continue to implement the Residential Preservation Ordinance, which requires City Council approval for demolition of residential structures. In 2016, the City amended the Planning Regulations to require the preservation of significant and residential structures. The purpose of these regulations is to encourage the preservation and reuse of such structures because housing stock is an important community resource. The City will work to codify relevant portions of Senate Bill 330 related to the demolition and replacement of units to prevent the loss of naturally occurring affordable units and the displacement of low-income residents, and review the municipal code to ensure City demolition requirements are consistent with State law.
▪ Program H-1-3-1 AA. Conversion of At-Risk BMR Rental Units.

The City maintains a directory of all Below-Market Rate (BMR) units in Emeryville and when the regulatory restrictions expire. The City will continue to monitor this directory and will Work work proactively to retain existing subsidized affordable rental housing units that are at risk of converting to market rate. Maintain and regularly update the inventory As of affordable housing 2021, two properties have assisted units and identify those that may be are at risk of converting to market rate. Reach out to 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 Lofts 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 submit 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 A D D E N D U M T O T H E G E N E R A L P L A N E I R F O R T H E 2023 – 2031 H O U S I N G E L E M E N T U P D A T E

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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 8 BMR units at Bakery Lofts or in a new development by finding a nonprofit 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 nonprofit entity, if necessary, to protect the affordability of the rental units.

4. The City will request that the property owners and provide technical assistance and funding application assistance. Identify 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, assist with the identification of potential nonprofit housing providers to purchase and operate at-risk properties, and provide tenants with education regarding as needed for the preservation of affordable housing. Should the units convert to marketrate, the City will work with the Housing Authority of Alameda County to ensure that low-income tenants displaced as a result of a conversion receive priority for federal housing vouchers.

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 conversion procedures. 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 nonprofit 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.
▪ Program H-2-2-1 F. Impact Fee.

Collect housing impact fees for rental housing and non-residential development projects. Place collected fees in a housing trust fund and prioritize assistance for the provision of extremely low-, very low-, low-, and moderate-income housing in the use of this fund. 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 Impact fee for projects consistent with by right, objective standards and/or 2–4-unit projects in the RM zone (evaluation must include potential displacement of existing residents and naturally occurring affordable housing). 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 AB 602 transparency requirements.

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▪ Program H-2-2-5 L. New Funding Opportunities.

The City will Work 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- and very low-income households, whenever possible., very low-, and extremely low-income households, whenever possible.

Additionally, the City will continue to analyze the benefit of 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. ▪ Program H-3-1-2 OO. Housing for Seniors.

Support the development of To ensure the senior population is able to continue to age in place and have housing options that meet their financial, social, and physical needs, the City will:

1. Seek funding to support a Housing Counselor to assist seniors in navigating and applying for Affordable Housing Opportunities.

2. Evaluate the feasibility of creating a Shared Housing Program for seniors and if feasible, collaborate with a community partner to facilitate the program.

3. Continue to facilitate the redevelopment of Site 10 on the Site Inventory List, to create 54 affordable housing units for seniors.

4. Work to implement the Housing Domain actions of the Age Friendly Action Plan.

5. Seek opportunities to develop affordable senior housing, such as Residential Care Facilities for the Elderly (RCFE) and independent senior housing developments, where appropriate, particularly senior facilities that offer housing affordable to lower-income senior households. ▪ Program H-3-1-3 UU. Universal Design.

Continue to offer a density bonus for developments that provide universal design features. Evaluate the feasibility and appropriateness of amending the Planning Regulations to require the provision of universal design features in a portion of residential units in new developments. 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 H-3-2-4 HH. Schools and Child Care Centers.

Facilitate communication and coordination between the City, The City will meet with the Emery Unified School District, and (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 A D D E N D U M T O T H E G E N E R A L P L A N E I R F O R T H E 2023 – 2031 H O U S I N G E L E M E N T U P D A T E

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locations, adding the same use classification to the RM district and eliminating the need for Planning Commission review.

2. Coordination with 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 when families are identified to be at risk of homelessness. Collaborate to provide these to support at-risk families with information regarding local resources, fair housing education, access to legal aid, and potential housing opportunities.
▪ Program H-4-1-1 JJ. Site Inventory.

Maintain The City will maintain an inventory of sites available and appropriate for residential development for households of all income levels to ensure adequate sites are available through the planning period to meet the City’s Regional Housing Needs Allocation (RHNA). 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 Sites 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. ▪ Program H-4-2-4 P. Live/Work Units.

Ensure that new residential developments that include a below-market-rate live/work units conduct targeted marketing to artists and craftspeople to foster occupancy of these affordable below-market-rate live/work units by artists/craftspeople. 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. ▪ Program H-4-2-5 Q. Housing for Artists/Craft-persons.

Encourage the development of affordable live/workspace for artists and craftspeople. The City is a 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:

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1. 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.

2. Conduct targeted marketing for artist/craft-persons when BMR units and live/work units become available.
▪ Program H-5-1-1 DD. Fair Housing Counseling.

Through participation in the Alameda County Urban County Community Development Block Grant (CDBG) Entitlement jurisdiction, continue 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 low-income tenants and landlords. tenants and landlords. Create a targeted marketing program to reach low-resource areas, as defined by TCAC (Figure 5-1). Utilize community-based partners to reach vulnerable households in the identified neighborhoods.
▪ Program H-5-1-3 PP. Affirmative Fair Housing Marketing Plan.

Include appropriate fair housing and equal opportunity language in all contractual agreements that the City enters into with developers pertaining to housing. Require that developers include equal opportunity language in housing in marketing materials for below-market-rate units provided in compliance with the City’s Affordable Housing Program (formerly known as the Affordable Housing Set-Aside Ordinance).

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 as follows:

1. Require marketing plans to be updated every 5 years.

2. Require the marketing plans to identify the underserved populations in the area and identify special outreach efforts.

3. Require the collection of race and ethnicity data for all those that apply and were successful in securing a BMR unit to be submitted to the City for review and analysis. Based on the City’s analysis, the City will evaluate if the advertising/outreach methods to attract underserved populations need to be modified or updated and if the reasons why the underserved populations were not approved, to determine if barriers to the tenant selection criteria may exist and need to be amended.

4. Ensure all BMR Property Management Entities participate in Fair Housing training at least once every 2 years.

5. Propose an amendment to the Resale Restriction Agreement for all future BMR resales to require a third party to assist in marketing, screening, and selecting the new eligible buyer via a lottery process. ▪ Program H-6-1-1 R. Family Friendly Housing.

Adopt and implement an amendment to the City’s Design Guidelines that provides standards for 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, A D D E N D U M T O T H E G E N E R A L P L A N E I R F O R T H E 2023 – 2031 H O U S I N G E L E M E N T U P D A T E

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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 research 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 housing. The guidelines will address site design as well as unit design, including unit sizes and layouts, relationship of units to outdoor areas, and other unit and community features. 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).
▪ Program H-6-3-1 J. Homeowner Retention Program.

Continue The City will continue to implement the City’s Foreclosure Prevention and Predatory Lending Prevention Strategy through education and outreach, referrals, and technical assistance by implementing the following existing and new strategies to retain existing homeowners:

1. 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.

2. 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 ACHCD in marketing the program to homeowners in Emeryville.

3. 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.

4. The City will continue to work with transit agencies, County and regional 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.

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▪ Program H-7-2-1 U. GreenPoint/LEED Requirements.

Continue to require that developers complete the appropriate incorporate site-appropriate standards described by Build-It-Green GreenPoint Rated or LEED Checklist as part of their submittal to the Emeryville Planning and Building Department rating system and/or Leadership in Energy and Environmental Design (LEEDTM), and BayFriendly Landscape Scorecard into all new construction and rehabilitation projects.
▪ Program H-7-3-2 II. Transportation.

Continue to work with transit agencies, County and regional The City will improve the safe, equitable access to transportation agencies, and the Cities of Berkeley and Oakland to implement strategies identified in the Emeryville-Berkeley-Oakland Transit Study (EBOTS) to improve transit access and proximity for Emeryville residents. that does not require personal vehicle ownership for Emeryville residents, by implementing and supporting the following:

1. 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 efforts will directly support persons with disabilities, seniors, and those living in low-resource areas, as defined by TCAC.

2. Continue to support Emery Go-Round as they investigate 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.

3. 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 stormwater treatment) and public art, which will connect and serve the San Pablo Avenue corridor. ▪ Program H-7-4-2 Z. Energy Conservation Remodels.

Encourage 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 with the intent of encouraging energy conservation measures and use of green building materials in residential remodel projects.

1.3.1.2 COMBINED AND AMENDED PROGRAMS
Program H-1-1-1, Program H-1-1-3, and Program H-5-1-4 were combined and amended as one program – Program X. Homeowner Rehabilitation and Repair Programs:
▪ Program 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.

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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.

3. Alameda County Healthy Homes Department offers lead hazard repair grants, minor home repair grants, and accessibility installation grants for lower-income households throughout Alameda County.

4. The City will analyze 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.

Program H-2-1-1, Program H-2-1-2, and Program H-2-2-3 were combined and amended as one program – Program A. Housing Development Regulatory Programs:
▪ Program 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 to 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:
o Increase the number of new affordable ownership residential units created by amending Section 9-5.402 to reduce the number of new ownership residential projects required to comply with the ordinance below the current regulation requirement of 10 units. o 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.
o Increase the number of affordable rental residential units created for extremely low and developmentally disabled by amending 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.
o 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 A D D E N D U M T O T H E G E N E R A L P L A N E I R F O R T H E 2023 – 2031 H O U S I N G E L E M E N T U P D A T E

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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.

Program H-2-2-1 and Program H-6-1-2 were combined and amended as one program – Program G, Citysponsored Development Fund:
▪ Program 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 specialneeds 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 are 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-forprofit 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 Avenue. New construction of 68 affordable housing units that will serve extremely lowand 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).

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4. Adeline Sites. New construction of one to four affordable housing units that will serve very-low-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 in a low-resource area as defined by TCAC (Figure 5-1).

Program H-2-2-4, Program H-4-2-1, Program H-4-2-2, Program H-4-2-3, Program H-6-2-1, and Program H-6-2-3 were combined and amended as one program – Program M. Homebuyer Assistance Programs:
▪ Program 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 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 of 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 first-time homebuyers 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.

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To increase rates of homeownership in low-resource areas, as defined by the California Tax Credit Allocation Committee (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.

Program H-3-1-1 and Program H-3-1-4 were combined and amended as one program – Program O.

Housing and Services for Persons with Disabilities:
▪ Program O. Housing and Services for Persons with Disabilities. The City will partner with nonprofit housing developers and service providers to improve livability in Emeryville for people with disabilities.

The City will collaborate with relevant parties to develop housing for persons with disabilities on Citycontrolled sites. The City will 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 nonresidential 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 nonprofit 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 flexibility in regulations and the waiver of certain requirements in order to eliminate barriers to fulfilling this objective.

Program H-3-2-1 and Program H-3-2-2 were combined and amended as one program – Program BB.

Housing and Supportive Services for Homeless and Formerly Homeless:
▪ Program 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 A D D E N D U M T O T H E G E N E R A L P L A N E I R F O R T H E 2023 – 2031 H O U S I N G E L E M E N T U P D A T E

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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.

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 13 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 Emeryville’s unsheltered population.

5. Seek partnerships with homeless service providers to provide shelter and services to Emeryville residents experiencing homelessness.

Program H-7-1-1 and Program H-7-1-2 were combined and amended as one program – Program S.

Brownfield Remediation Loans:
▪ Program 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.

1.3.1.3 NEW PROGRAMS
The following 19 programs are new to the City and are included in the proposed 2023–2031 Housing Element:
▪ Program 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 (SB 35).

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2. Streamlined Process to Convert Single-Unit Homes to Two-Unit Homes: The City will seek opportunities to streamline the permitting process of converting single-unit homes to twounit homes, including the possibility of waiving the requirement for Planning Commission approval for projects that will exceed base floor-area ratio (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. ▪ Program 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 support 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 develop ADU guidance materials, create a frequently asked questions webpage on the City’s website, research 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.
▪ Program E. Adaptive Re-use. The City will examine 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 of existing structures and spaces that may include ground-floor 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 examine 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. Research the creation of a financial incentive program to support this program. ▪ Program 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.
▪ Program I. Preservation of Below-Market Rate (BMR) Ownership Portfolio. The City currently has 186 BMR ownership units in its portfolio. To ensure the retention of these Affordable Homeownership Units, the City will implement the following actions:

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Community Development staff will continue to 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 principal 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 through a right of first refusal. 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 for a 45-year term. 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.
▪ Program K. Special-Needs Housing Incentive Program. The City will provide a financial incentive for the restriction of additional BMR 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. ▪ Program 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. ▪ Program 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.
▪ Program 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.

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▪ Program 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 to 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 fair-housing requirements, including the requirement that they accept vouchers, and educate property owners in moderate-resource areas, as defined by TCAC, in higher-income neighborhoods about the benefits of voucher holding-tenants, encouraging them to market available units at their rental properties to voucher holders.

5. Assess 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. ▪ Program EE. Resident Engagement. The City will evaluate its current committees and commission membership to determine if the membership is reflective of the socioeconomic 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 socioeconomic groups and racial backgrounds to serve on committees and commissions when positions become available. The City will investigate 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. ▪ Program 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 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.
▪ Program 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) A D D E N D U M T O T H E G E N E R A L P L A N E I R F O R T H E 2023 – 2031 H O U S I N G E L E M E N T U P D A T E

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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 AB 1397.

The application of the requirement should not be used to further constrain the development of housing.

Table 8-1: Assessor’s Parcel 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
▪ Program 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 singlefamily structure and permitted in the same manner as other single-family structures of the same type in the same zone (Health and Safety Code Section 17021.5). The City will establish a definition of employee housing and ensure permitting requirements are compliant with Health and Safety Code Section 17021.5. Modifications, if approved, will be implemented in three years.

2. Residential Care Facilities. Planning Regulations shall be updated to allow residential care facilities with seven or more persons to be subject to the same restrictions that apply to other residential uses of the same type in the same zone. Modifications, if approved, will be implemented in three years.

3. Agricultural Worker Housing. Planning Regulations will be updated to define agricultural worker housing and to identify that any agricultural worker housing consisting of no more than 36 beds in a group quarters or 12 units or spaces shall be deemed an agricultural land use and permitted in the same manner as agricultural uses consistent with Health and Safety Code Section 17021.6. The Planning Regulations will also be updated to provide for streamlined, ministerial approval of agricultural worker housing that meets the requirements of Health and Safety Code Section 17021.8. Modifications, if approved, will be implemented in three years.

4. Group Residential and Single-Room Occupancy (SRO). Planning Regulations will be amended to permit group residential uses with seven or more residents through a ministerial process rather than requiring a conditional-use permit (CUP) to address the needs of extremely low-income households and expanding affordable housing opportunities. Additionally, the City will propose adopting a group A D D E N D U M T O T H E G E N E R A L P L A N E I R F O R T H E 2023 – 2031 H O U S I N G E L E M E N T U P D A T E

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residential preservation ordinance to maintain existing housing available to extremely low-income households in January 2027 and make any necessary updates to the Planning Regulations by January 2028.

5. Emergency Shelters. The City will review and revise parking requirements for emergency shelters to ensure that parking standards are sufficient to accommodate all staff, provided standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone, per California Government Code Section 65583(a)(4). Additionally, the City will assess removing the CUP on emergency shelters in the MUR zone and allowing them with a CUP in the P zone. Modifications, if approved, will be implemented in three years.

6. Three to Four Multi-Units. The City will permit by right three- and four-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 three years.

7. 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 three years.

8. Conversion from Single-Family Home to Duplex. Within two years of Housing Element adoption, the City will examine opportunities to streamline the permitting process to convert single-family homes to duplexes, including the possibility of waiving the requirement for Planning Commission approval for projects that will not maintain the same square footage. The City will make any necessary changes to the Planning Regulations by January 2026. (See also Program B.) ▪ Program MM. Monitor Changes in Federal and State Housing, Planning, and Zoning Laws. The City will continue to monitor federal and state legislation that could impact housing and support, or oppose proposed changes or additions to existing legislation, when appropriate. The City will also update the Planning Regulations, when appropriate, to comply with any new housing-related planning or zoning laws enacted by the State during the Cycle 6 Planning Period. ▪ Program NN. Review Nongovernmental Constraints Impeding Residential Development. In instances where residential developments have been approved by the City but building permits or final maps have not been obtained, the City will make diligent efforts to contact applicants to discover why units have not been constructed within two years after approval. If due to nongovernmental constraints, such as rapid increases in 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. Additionally, the City will proactively work with stakeholders to identify nongovernmental constraints or other considerations 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 QQ. Tenant Protection Measures. The City will continue to implement the following strategies to minimize tenant displacement:

1. Continue to implement the Emeryville Live/Work or enrolled in EUSD preference in the leasing of BMR rental units in Emeryville.

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2. Continue to partner with a third-party Housing Service Provider to implement the Tenant/Landlord Eviction and Harassment Ordinance (i.e., Just Cause). The Housing Service Provider will provide assistance to tenants and landlords in navigating their rights and the requirements under the ordinance related to no-fault evictions, proper eviction noticing, relocation assistance, right to return, and mediation for potential tenant harassment. Additionally, the Housing Service Provider will provide an annual training about the City’s ordinance and the just cause and rent cap provisions under AB 1482.

3. Continue to partner with a third-Party Legal Service Provider to provide legal services to tenants in need of eviction legal assistance.

4. The City will evaluate emergency ordinances to address evictions, as emergency situations arise. In 2020, the City adopted an eviction moratorium, in response to the COVID-19 pandemic to prevent property owners from evicting tenants during the COVID-19 state of emergency. In support of this effort, the City also created a Rental Repayment Ordinance that outlined the requirements tenants and landlords had to implement to restructure the repayment of missed rent during the COVID-19 State of Emergency and an Emergency Rental Assistance Program, that provide grant funds to support tenants with incomes less than 100 percent AMI that were unable to pay their rent. If another State or County-wide Emergency issue arises that impacts housing and/or low-income households, the City will evaluate the need to implement similar actions or support County-wide efforts to ensure residents are not displaced.

5. Promote the practice of effective management in all rental housing projects in order to maintain and improve the quality of rental housing and the relationship between tenants and landlords. Provide online resources and training opportunities to assist BMR Property Managers in understanding the BMR rental restrictions and tips for how to troubleshoot common rental issues. ▪ Program RR. Affordable Housing Platforms. The City will continue to collaborate with Alameda County on the design and implementation of the Alameda Affordable Housing Portal, which aims to become a “one-stop-shop” for affordable housing and provides tools for developers to simplify the marketing, leasing, and management of their affordable housing units. The City will also 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. Doorway’s platform will support residents, housing and service providers, local governments, and policymakers, and generate critical data to inform regional housing policy and attract additional resources for affordable housing. The City will modify its Affordable Housing Covenant to require the utilization of the platform for the leasing of BMR units. ▪ Program SS. Prohousing Designation. The City will seek a Prohousing Designation from the California Department of Housing and Community Development for enacting favorable zoning and land use policies, policies to accelerate the production of housing, reduction of construction and development policies, and providing financial subsidies. The Prohousing Designation will provide incentives, in the form of additional points or preferences in the scoring of competitive applications for housing and infrastructure.

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1.4 PURPOSE OF AN EIR ADDENDUM
According to CEQA Guidelines Section 15164(a), an addendum shall be prepared if some changes or additions to a previously adopted EIR are necessary, but none of the conditions enumerated in CEQA Guidelines Sections 15162(a)(1) to (3) calling for the preparation of a subsequent EIR have occurred. As stated in CEQA Guidelines Section 15162 (Subsequent EIRs and Negative Declarations):

When an EIR has been certified or negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following:
(1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or negative declaration was adopted, shows any of the following:
(a) The project will have one or more significant effects not discussed in the previous EIR or negative declaration;
(b) Significant effects previously examined will be substantially more severe than shown in the previous EIR;
(c) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or (d) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.

1.4.1 Rationale for Preparing an EIR Addendum
Because all of the sites included in the Housing Element are currently designated and zoned for urban development at the same densities evaluated in the General Plan EIR, and because the proposed Housing Element Update contains only goals and policies and does not propose any rezoning, the proposed Housing Element Update would not result in new significant environmental effects or a substantial increase in the severity of previously identified significant effects requiring major revisions to the General Plan EIR.

Development impacts are addressed through policies in the General Plan, the City’s municipal code, and A D D E N D U M T O T H E G E N E R A L P L A N E I R F O R T H E 2023 – 2031 H O U S I N G E L E M E N T U P D A T E

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adopted engineering standards. As all future development projects must be consistent with the General Plan, and physical impacts from development were anticipated in the General Plan EIR, the proposed project does not meet any of the conditions outlined in CEQA Guidelines Section 15162 that would require a subsequent EIR.

As stated in CEQA Guidelines Section 15164 (Addendum to an EIR):
(a) The lead agency or responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. (b) An addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred. (c) An addendum need not be circulated for public review but can be included in or attached to the final EIR or adopted negative declaration.
(d) The decision-making body shall consider the addendum with the final EIR or adopted negative declaration prior to making a decision on the project. (e) A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an EIR, the lead agency’s findings on the project, or elsewhere in the record. The explanation must be supported by substantial evidence.

A copy of this addendum and all supporting documentation may be reviewed or obtained at the City of Emeryville Community Development Department, 1333 Park Avenue, Emeryville, California 94608.

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2. CEQA Analysis

2.1 ENVIRONMENTAL ANALYSIS
The City of Emeryville’s General Plan contains policies related to land use, circulation, housing, conservation, open space, safety, noise, urban design, sustainability, and housing. The General Plan is largely designed to be self-mitigating by incorporating policies and actions that address and mitigate environmental impacts related to implementing the General Plan, such as zoning codes and design standards.

As previously described in Section 1.2 of this addendum, the City of Emeryville’s General Plan EIR addresses potentially significant impacts related to land use and housing; traffic, circulation, and parking; hazardous materials, toxics, and safety; biological resources; hydrology and flooding; geology and soils; noise; cultural resources; air quality; public services and utilities; parks and recreation; visual resources; and energy and greenhouse gases. The 37 amended programs are either informative or would result in no physical change to the environment. Overall, the programs were modified to comply with state law, respond to directives from the California Department of Housing and Community Development (HCD), combine programs with similar intent to aid in implementation, or eliminate programs where the City has already completed the identified task.

Sections 2.1.1 through 2.1.3 describe the informational changes of the amended and new programs resulting from the proposed project. Section 2.1.4 comprehensively analyzes the amended and new programs and describes why the proposed project would be no more substantial than analyzed in the General Plan EIR.

2.1.1 Amended Programs
▪ Program H-1-2-2 involves informational changes that includes a reference to working to codify relevant portions of SB 330 related to the demolition and replacement of units to prevent the loss of naturally occurring affordable units and the displacement of low-income residents and reviewing the municipal code to ensure city demolition requirements are consistent with State law; it removes a reference to the City retaining and continuing to implement the Residential Preservation Ordinance, which requires City Council approval for demolition of residential structures.
▪ Program H-1-3-1 involves informational changes that includes a reference to the City proposing a series of actions to 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. ▪ Program H-2-2-1 involves informational changes that includes a reference to evaluating waiving the affordable housing impact fee for projects consistent with by-right, objective standards and/or 2–4-unit projects in the RM zone and implementing actions to comply with AB 602; it removes a reference to the City collecting housing impact fees for rental housing and nonresidential development projects.

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▪ Program H-2-2-5 involves informational changes that includes a reference to continuing to analyze the benefit of joining a JPA to allow the issuance of bonds in Emeryville to support middle-income housing opportunities that is created over the planning period. ▪ Program H-3-1-2 involves informational changes that includes a reference to the City taking a series of actions to ensure the senior population is able to continue to age in place and have housing options that meet their financial, social, and physical needs; it removes a reference to supporting the development of RCFE and independent senior housing developments, particularly senior facilities that offer housing affordable to lower-income senior households.
▪ Program H-3-1-3 involves informational changes that includes a reference to evaluating how to incorporate universal design features into the planning regulations beyond what is currently being implemented; it removes a reference to the City continuing to offer a density bonus for developments that provide universal design features and evaluating the feasibility and appropriateness of amending the planning regulations to require the provision of universal design features in a portion of residential units in new developments. ▪ Program H-3-2-4 involves informational changes that includes a reference to meeting with EUSD annually to determine if any outside factors impede school performance that can be alleviated and pursuing solutions if such needs are identified; it removes a reference to facilitating communication and coordination between the City and EUSD when families are identified to be at risk of homelessness. ▪ Program H-4-1-1 involves informational changes that includes a reference to the program implementing a land monitoring program to ensure that the city has enough land to meet its RHNA throughout the planning period and the City implementing a series of actions to ensure that the City maintains adequate sites to meet the RHNA. It removes a reference to maintaining an inventory of sites available and appropriate for residential development for households of all income levels to ensure adequate sites are available through the planning period to meet the City’s RHNA. ▪ Program H-4-2-4 involves informational changes that includes a reference to assessing existing live/work regulations to see if any modification needs to be made to encourage development of live/work units, 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; it removes a reference to ensuring that new residential developments that include BMR live/work units conduct targeted marketing to artists and craftspeople to foster occupancy of these affordable BMR live/work units by artists/craftspeople. ▪ Program H-4-2-5 involves informational changes that includes a reference to ensuring that artists continue to thrive and work in Emeryville by engaging with artists/craftspeople residing in Emeryville and conducting targeted marketing for artists/craftspeople when BMR units and live/work units become available; it removes a reference to encouraging the development of affordable live/workspace for artists and craftspeople.

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▪ Program H-5-1-1 involves informational changes that includes a reference to creating a targeted marketing program to reach low-resource areas and utilize community-based partners to reach vulnerable households in the identified neighborhoods; it removes a reference to participation in the Alameda County Urban County CDBG entitlement jurisdiction.
▪ Program H-5-1-3 involves informational changes that includes a reference to the City continuing to implement and expand the requirements of the Marketing Plan; it removes a reference to including appropriate fair housing and equal-opportunity language in all contractual agreements that the City enters into with developers pertaining to housing and requiring that developers include equal opportunity language in housing in marketing materials for BMR units. ▪ Program H-6-1-1 involves informational changes that includes a reference to promoting housing designs and unit mix to attract multigenerational households by encouraging developers to include housing features and more bedrooms, as well as other on-site amenities and researching options to expand regulatory incentives to encourage the development of larger units; it removes a reference to adopting and implementing an amendment to the City’s Design Guidelines that provides standards for the development of family-friendly housing.
▪ Program H-6-3-1 involves informational changes that includes a reference to implementing existing and new strategies to retain existing homeowners; it removes a reference to the City implementing the City's Foreclosure Prevention and Predatory Lending Prevention Strategy through education and outreach, referrals, and technical assistance.
▪ Program H-7-2-1 involves informational changes that includes a reference to continuing to incorporate site-appropriate standards described by Build-It-Green GreenPoint rating system and/or LEEDTM, and BayFriendly Landscape Scorecard into all new construction and rehabilitation projects; it removes a reference to continuing to require that developers complete the appropriate Rated or LEED Checklist as part of their submittal to the Emeryville Planning and Building Department. ▪ Program H-7-3-2 involves informational changes that includes a reference to improving the safe, equitable access to transportation that does not require personal vehicle ownership for Emeryville residents, by adopting the Active Transportation Plan, supporting Emery Go-Round, and implementing the 40th Street Concept Plan to create bus-only lanes; it removes a reference to continuing to work with transit agencies, County and regional transportation agencies, and the Cities of Berkeley and Oakland to implement strategies identified in the EBOTS to improve transit access and proximity for Emeryville residents. ▪ Program H-7-4-2 involves informational changes that includes a reference to continuing to offer the E3 program to offer no-cost energy audits and assistance to small and medium businesses and disseminating information on retrofit assistance programs and solar energy rebates with the intent of encouraging energy conservation measures and use of green building materials.

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2.1.2 Combined and Amended Programs
The following programs were combined and amended as one program to aid in their implementation, as they were similar in intent.
▪ Program H-1-1-1, Program H-1-1-3, and Program H-5-1-4. ▪ Program H-2-1-1, Program H-2-1-2, and Program H-2-2-3. ▪ Program H-2-2-1 and Program H-6-1-2.
▪ Program H-2-2-4, Program H-4-2-1, Program H-4-2-2, Program H-4-2-3, Program H-6-2-1, and Program H-6-2-3.
▪ Program H-3-1-1 and Program H-3-1-4.
▪ Program H-3-2-1 and Program H-3-2-2.
▪ Program H-7-1-1 and Program H-7-1-2.

These modifications to the existing programs would not result in any physical impacts on the environment.

The proposed Housing Element consolidates many programs from the existing Housing Element to aid in implementation and eliminate redundancy.

2.1.3 New Programs
The 19 new programs represent changes that would:
▪ Enact a streamlined process to accelerate the production of housing. ▪ Support the development of ADUs through a ministerial approval process and develop ADU guidance materials, create a frequently-asked-questions webpage on the City’s website, research 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. ▪ Examine opportunities to allow for the adaptive reuse/conversion or replacement of vacant or underperforming commercial spaces and parking structures to residential units; analyze the feasibility of an Adaptive Reuse Ordinance that would target the conversion of select types of existing structures and spaces that may include ground-floor retail in an existing mixed-use structure, part or all of an office building or parking structure; examine requiring the “Future Proofing of Parking Structures” for all new parking structures; and research the creation of a financial incentive program to support this program. ▪ Make funding available to permit strategic acquisition or development of properties for very low- to moderate-income households.

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▪ Manage the City’s 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 principal place of residence.
▪ Provide a financial incentive for the restriction of additional BMR units for the special-needs population at existing or new rental developments.
▪ 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 and grant priority to new affordable housing for hookups to connect to the City’s conveyance systems to provide access to service from EBMUD.
▪ 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. ▪ 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. ▪ 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; coordinate with community-based organizations that serve Emeryville’s special-needs populations to reach households that would qualify for housing choice voucher programs; work with the Housing Authority increase voucher acceptance in areas of higher income to increase opportunities for housing mobility; partner with the Housing Authority to provide biannual training to landlords regarding fair-housing requirements; and assess the feasibility of a landlord incentive program for landlords that choose to accept voucher holding tenants.
▪ Evaluate the City’s current committees and commission membership to determine if the membership is reflective of the socioeconomic and racial mix of Emeryville or if there are any missing voices and investigate 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.
▪ Develop strategies to address income earning potential of very low-income residents by expanding lowbarrier, low-skill job opportunities within the city. ▪ Allow Housing Element sites listed in Table 8-1 to be developed for residential use by-right, in accordance with Government Code Section 65583.2(c).
▪ Implement a series of planning regulation amendments to alleviate constraints to the production of housing, including the production of housing for special needs populations.

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▪ Monitor federal and State legislation that could impact housing and support, or oppose proposed changes or additions to existing legislation, and update the Planning Regulations, when appropriate, to comply with any new housing related planning or zoning laws enacted by the State during the Cycle 6 Planning Period. ▪ Make diligent efforts to contact applicants to discover why units have not been constructed within two years after approval in instances where residential developments have been approved by the City but building permits or final maps have not been obtained; and proactively work with stakeholders to identify nongovernmental constraints or other considerations that may impede the construction of housing in Emeryville and work collaboratively to find strategies and actions that can eliminate or reduce identified constraints.
▪ Implement a series of strategies to minimize tenant displacement. ▪ Collaborate with Alameda County on the design and implementation of the Alameda Affordable Housing Portal; support the development of a Bay Area Regional Housing Portal; and modify the City’s Affordable Housing Covenant to require the utilization of the platform for the leasing of BMR units. ▪ Seek a Prohousing Designation from HCD for enacting favorable zoning and land use policies, policies to accelerate the production of housing, reduction of construction and development policies, and providing financial subsidies.

The new programs make no changes to the zoning or build out potential of the City. Therefore, there is no new information of substantial importance that was not known at the time that the General Plan EIR was certified that shows that mitigation measures or alternatives which are different from those analyzed in the General Plan EIR would reduce a significant impact.

2.2 FINDINGS
The 2023–2031 Housing Element Update does not require major revisions to the 2009 General Plan EIR due to the involvement of new significant environmental impacts or substantial increases to the severity of previously identified significant environmental impacts. The Housing Element Update is a policy document consisting of a housing program and its adoption would not, in itself, produce environmental impacts since no actual development is proposed as part of the Housing Element Update.

Because the proposed 2023–2031 Housing Element does not change any land use designation or approve any development, the General Plan EIR provides a sufficient and adequate analysis of the environmental impacts of the proposed 2023–2031 Housing Element. Future housing development projects would generally be subject to project-level environmental review.

There are no substantial changes in the circumstances or new information that was not known and could not have been known at the time of the adoption of the General Plan EIR. The proposed project consists entirely of urban land uses consistent with project sites’ existing City’s General Plan land use designation and zoning and represents no change from the physical impacts that were assumed and analyzed by the General Plan EIR.

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As a result, and for the reasons explained in this addendum, the project would not cause any new significant environmental impacts or substantially increase the severity of significant environmental impacts disclosed in the General Plan EIR. Thus, the proposed project does not trigger any of the conditions in CEQA Guidelines Section 15162 mandating the preparation of a subsequent EIR, and the appropriate environmental document authorized by CEQA Guidelines Section 15164(b) is an addendum. Accordingly, this EIR addendum has been prepared.

The following identifies the standards in Section 15162 of the CEQA Guidelines as they relate to the proposed project.

1. No substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; and 2.

No substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.

The program changes included in the proposed Housing Element are limited to complying with state law, combining programs with similar intent to aid in implementation, or elimination of programs where the City has already completed the identified task. The proposed project would not result in the rezoning of land or approval of any development project. All development in the city must be consistent with the General Plan, and if a discretionary action, would also be subject to CEQA.

The proposed changes to the development code identified in Table 1-1 represent modification of existing policy to either streamline urban development that is already allowed by the City’s General Plan or make the development code consistent with state law or implement new programs. As all the sites that these modified programs would affect are currently designated for development in the Land Use Element of the General Plan, there would be no change in the physical impact on the environment associated with future development from what was evaluated in the General Plan EIR. As all projects within the city must be consistent with the General Plan, policies identified in the General Plan EIR to reduce physical environmental effects would continue to apply to all future development and would reduce impacts to the same significance level as identified in the General Plan EIR.

The following analysis summarizes the impacts identified within the General Plan EIR and describes how the impacts of the proposed project would remain consistent with the impacts identified in the 2009 General Plan EIR. As noted above, the proposed Housing Element Update identifies additional housing units that could be developed that were not previously accounted for in the General Plan’s 2030 buildout projection for residential units even though the potential for the housing units already exists within the General Plan. When the City’s total RHNA obligation and these additional surplus units (referred to herein as “RHNA surplus”) are added to the City’s existing number of housing units, the total is 10,379 units or 579 more units than the General Plan EIR assumed in its buildout projection of 9,800 units by 2030. Note that the following includes analysis of impacts that were not previously required under state law at the time that the General Plan EIR was published. This includes topics regarding wildfire and vehicle miles traveled (VMT).

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Aesthetics
The General Plan EIR determined that implementation of the General Plan would result in less than significant impacts to scenic vistas, visual character, visual resources, and light and glare. The additional units identified by the RHNA would introduce more sources of light in the city. However, as stated in Chapter 3.12, Visual Resources, of the General Plan EIR, new development under the proposed General Plan is not expected to create new sources of light or glare that could adversely affect day or nighttime views in the area, and an increase in development potential would not be expected to significantly increase this impact. Furthermore, the General Plan EIR states that infill development and redevelopment under the General Plan is expected to have a beneficial impact on the visual and aesthetic characteristics of the city by increasing views of the Berkeley-Oakland Hills through the expansion of the street grid and increasing views of Emeryville by establishing of a more coherent skyline. An increase in development potential would continue implementing and enhancing these beneficial impacts. The City’s General Plan policies and site planning criteria would also reduce any potentially significant impacts to a less than significant level.

Agriculture and Forestry Resources
According to the Department of Conservation’s California Important Farmland Finder mapping tool, the entirety of the city is within the Urban and Built-Up Land category which indicates that no land within the city contains agriculture or forestry resources (DOC 2018). Therefore, no impacts would occur.

Air Quality
The General Plan EIR determined that short-term construction emission impacts from development under the General Plan would be less than significant with implementation of the General Plan policies. The identified 579 RHNA surplus units would adhere to these same policies which require dust abatement actions and the reduction of diesel exhaust emissions during construction activities. Therefore, impacts under the proposed project for construction emissions would remain less than significant.

Long-term emissions under the General Plan buildout were determined to result in an increase in criteria pollutant emissions primarily due to related motor vehicle trips. Chapter 4, Analysis of Alternatives, of the General Plan EIR analyzed an alternative that would result in 11,700 residential units, which when compared to the General Plan buildout of 9,800 units, would result in 1.6 percent less vehicle miles travelled (VMT) than the General Plan buildout. The RHNA surplus would result in approximately 2,722 developable units, resulting in a buildout of 10,379 units when added to the existing number of units in the city and therefore a similar VMT impact to that alternative. A decrease in VMT would result in lower long-term impacts to air quality than shown in the General Plan buildout. Because the General Plan’s population buildout would be higher than the Association of Bay Area Government’s (ABAG) population projections for the city, the General Plan EIR found that the General Plan would not be consistent with the 2005 Bay Ozone Strategy. As such, impacts in the General Plan EIR were determined to be significant and unavoidable. Because the proposed project is not changing any land use designations, and because the RHNA surplus is not changing the development potential as shown in the existing General Plan, impacts would remain significant and unavoidable and the conclusions of the General Plan EIR related to air quality remain the same.

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Biological Resources
As stated in the General Plan EIR, the city is mostly urbanized with little natural area that could be lost or degraded of habitat for biological resources. As such, all impacts associated with biological resources and wetlands under the General Plan are considered less than significant. The proposed project does not include any land use changes and the RHNA surplus units are on properties designated for development in urban areas designated and zoned for residential uses. As these sites are already identified for development, the RHNA surplus would not create additional impacts to habituated urban wildlife or sensitive resources and adherence to the existing regulatory framework, including the General Plan policies, would reduce potential impacts to biological resources to less than significant.

Cultural Resources
As stated in the General Plan EIR, the current federal, State, and local laws in addition to the policies in General Plan would reduce impacts on archaeological and paleontological resources to less than significant.

Development of the RHNA surplus units would also adhere to all applicable policies, resulting in impacts remaining less than significant. The General Plan EIR determined that impacts to historic resources would be significant and unavoidable as development under the General Plan may directly or indirectly impact sites of historic architectural importance through demolition or substantial alteration. The RHNA surplus would be on built on sites already designated for residential development therefore the impacts would be identical to the General Plan EIR and will remain proposed project identifies additional residential development potential in the city and would similarly impact historic resources by allowing development that could alter the character of historic districts. Impacts would remain significant and unavoidable.

Energy
The General Plan EIR determined that impacts to energy consumption and energy infrastructure would be less than significant. The General Plan policies ensure that per capita and per job energy consumption decreases and that future energy consumption is neither wasteful nor inefficient. While the General Plan buildout would add residents and jobs that increase energy use, it prioritizes mixed-use and high-density development. Development of the RHNA surplus would continue to implement the development pattern established by the General Plan and adhere to all regulations and policies that ensure efficient energy use for future development. The RHNA surplus shown in the Housing Element would potentially serve to increase energy-savings by introducing the opportunity for denser development that further decreases transportation energy through lower VMT. Impacts would remain less than significant.

Geology and Soils
The General Plan EIR determined that General Plan would result in less than significant impacts related to erosion, surface fault rupture, ground shaking, liquefaction, and differential settlement assuming proper enforcement of existing state and local building code requirements, as well as implementation of the policies in the proposed General Plan. Furthermore, all development would be connected to the existing sewer system and potential impacts from landslides are considered to be very low due to the flat topography of the area. The proposed project’s additional development potential would allow a larger population within the city and therefore increase the number of residents exposed to seismic hazards. However, the City A D D E N D U M T O T H E G E N E R A L P L A N E I R F O R T H E 2023 – 2031 H O U S I N G E L E M E N T U P D A T E

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requires that all buildings be designed and constructed in conformance with the requirements of all applicable building code regulations, pursuant to standard City procedures. Adherence to the applicable policies and procedures would reduce impacts to less than significant for all potential development.

Greenhouse Gas Emissions
Greenhouse gas (GHG) emissions under implementation of the General Plan was determined to be less than significant and cumulatively considerable. As stated in the General Plan EIR, the prioritization of high-density mixed-use development would result in reduced VMT per capita and has the potential to reduce per capita energy use. Furthermore, energy reduction targets, energy-saving building codes, the Emeryville Climate Action Plan, and an effective use of alternative modes of transportation would reduce overall energy consumption over time as development occurs. The General Plan EIR expects that the new population and jobs accommodated under the General Plan will likely have lower rates of energy use and GHG emissions than if those same residents and workers were accommodated in lower-density areas. The proposed project identifies additional development potential in the city which is primarily driven by increases in density allowances for affordable housing. These increases in density would further develop the city within the framework established in the General Plan, thereby potentially resulting in even less emissions than the original General Plan buildout. Alternative 2: Neighborhood Centers in Chapter 4 of the General Plan EIR would similarly result in more residential units than the General Plan buildout and is forecasted to result in three less metric tons of carbon dioxide equivalent than the General Plan buildout.

Impacts under the proposed project would therefore remain less than significant.

Hazards and Hazardous Materials
The General Plan EIR determined that the General Plan would result in no impacts to adopted emergency response plans or emergency evacuation plans and similarly, the proposed project, as a policy document that does not propose any land use changes, would not create obstacles to implementing these plans.

Additionally, the city does not contain an airport or airstrip within its vicinity and is not subject to wildlife hazards due its developed and urban setting.

The General Plan EIR identified potential hazards associated with construction and demolition activities that would occur with the addition of new development in the city. Hazards associated with contaminated subsurface materials would be mitigated through investigations that would provide recommendations to remediate the contamination, if necessary, to safe levels. Similarly existing protocols and regulations for demolition of hazardous building materials would address the potential impacts of exposure to hazardous structural and building components. The preparation of a Storm Water Pollution Prevention Plan and use of construction best management practices would also limit the release of hazardous materials into the environment. The identified RHNA surplus does not require any land use changes that introduce housing in areas that may be subject to increased hazards due to contaminated and hazardous materials on site. All development would comply with the existing regulations and procedures resulting in less than significant impacts.

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Hydrology and Water Quality
As stated in the General Plan EIR, potential impacts associated with implementation of the General Plan include increased rates of storm water runoff and subsequent flooding hazards, erosion, increase in nonpoint source pollutants affecting receiving water quality. However, these impacts would be reduced to less than significant levels through regulatory compliance and with implementation of General Plan Policies. While the proposed project identifies additional development potential in the city that includes more residential units than were assessed within the General Plan EIR, this development potential is not expected to result in increased pollutant sources, erosion, or impervious surfaces. These surplus units would primarily be appended to future development projects, the physical impacts of which have been assessed by the General Plan EIR. Furthermore, the General Plan EIR reports that the city is in a low-risk area for flooding hazards, including sea-level rise. Therefore, the proposed project would not subject new development to flooding. Impacts to all hydrology and water quality topics would be less than significant for the proposed project.

Land Use and Planning
The General Plan EIR determined that the General Plan would not physically divide any established community and does not contain any provisions that conflict with local plans. The proposed project does not propose any land use changes and therefore its impacts would be consistent with the analysis of General Plan in the EIR. The RHNA surplus buildout potential is consistent with the City’s General Plan in addition to regional land use plans like ABAG’s Regional Transportation Plan and Sustainable Community Plan, known as Plan Bay Area 2050. Plan Bay Area 2050 includes goals that prioritize highdensity, mixed-used development and proximity of residential development to transit. As with the General Plan, the proposed project would have a less than significant impact to land use and planning.

Mineral Resources
According to the Department of Conservation’s Surface Mining and Reclamation Act’s maps, the city is not within a designated mineral resource zone nor does it contain any mines (DOC 1996). The General Plan does not designate any areas within the city as containing locally important mineral resources. Impacts under both the General Plan and the proposed project would have no impact on mineral resources.

Noise
As determined in the General Plan EIR, the General Plan would have less than significant impacts with regard to noise and vibration. Implementation of the proposed General Plan would result in increased traffic volumes, thus increasing noise levels in some areas and could locate new sensitive receptors in areas with existing noise levels that exceed the land use compatibility noise levels. However, General Plan policies aimed at buffering noise levels and locating sensitive receptors away from noise sources would reduce this impact. The General Plan EIR reports that increases in traffic levels can be counteracted by the implementation of alternate forms of transportation and land use design that factor in noise concerns.

Furthermore, the General Plan establishes review criteria for certain land uses to ensure that future noise levels will not exceed acceptable levels near noise-sensitive land uses. The RHNA surplus identifies development potential in the city that was not previously assessed in the General Plan; however, these units A D D E N D U M T O T H E G E N E R A L P L A N E I R F O R T H E 2023 – 2031 H O U S I N G E L E M E N T U P D A T E

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would be accommodated through increased density on land currently designated for residential development and would be expected to decrease overall VMT per capita. As a result, traffic noise could also potentially decrease under the proposed project. While the development potential of the proposed project could increase the number of units within various development projects, it is consistent with the General Plan. Therefore, noise and vibration associated with construction would not increase as a result of the proposed project. Impacts would remain less than significant.

Population and Housing
The General Plan EIR determined that the General Plan would have less than significant impacts on population and housing. The proposed project identifies 579 additional buildout units that were not assessed within the General Plan EIR. As such, impacts related to population and housing would be slightly increased when compared to the impacts determined in the General Plan EIR. Specifically, the 10,379 total buildout of housing units for the city would result in growth that exceeds the most recently available regional projections for the city. According to the Plan Bay Area 2040 projections, the city is expected to contain a housing stock of 9,175 units, which is 1,203 fewer units than the RHNA surplus identified in the Housing Element (ABAG 2017). Additionally, using the Department of Finance’s 2022 estimate of the average persons per household for the city, the total buildout population would be 18,265 residents which exceeds the regional projection for population within the city by 2,215 residents. However, this additional growth would not be considered “unplanned” growth as the Housing Element itself is a housing planning document that conforms with and implements the regional plans for housing, including the RHNA.

Furthermore, the proposed project would not result in any actions, including land use changes, or displace a significant number of people. Overall, impacts to population and housing would remain less than significant with the proposed project.

Public Services
The General Plan EIR reports that the General Plan would result in less than significant impacts to public services. The General Plan EIR states that police and fire services may require increases in staffing in the long-term with the population and employment growth anticipated in the proposed General Plan; facilities in addition to those already planned for are not anticipated. The General Plan was also reported to result in a significant increase in student population, though this new population was expected to be accommodated in existing school facilities and through new planned facilities. The proposed project identifies 579 units that were not included in the General Plan’s buildout projections and therefore not assessed within the General Plan EIR. These surplus units are expected to increase the buildout population of the city by 1,017 residents. While this potential increase in population could increase the need for public services beyond what is analyzed in the General Plan EIR, all future development projects would undergo environmental review, or a General Plan consistency analysis, during which project-specific impacts would be assessed and mitigated or conditioned, if needed. Additionally, all development projects would be subject to the Fire Department standards related to fire hydrants, waster fire flow requirements, spacing of hydrants, sprinkler systems, and other fire code such as required in the California Building Code (CBC) and other Fire Code standards. Furthermore, to mitigate such impacts and fund facility improvements, the City levies development impact fees for fire protection, police protection, and school services. Therefore, any additional impacts under the proposed project would be reduced to less than significant.

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Recreation
The General Plan established a service goal to provide three acres of parkland per 1,000 new residents and

0.25 acres per 1,000 new employees. Full implementation of the General Plan would provide 22 to 25 acres of parkland which would increase the acres of parkland per 1,000 residents from 1.56 to 2.5-2.8. According to Table 3.11-3, General Plan Park Acreage, in the General Plan EIR, the city would have a total of 41 to 46 acres of total park space after full development of all planned and proposed park facilities. The proposed project identifies a buildout potential that would accommodate approximately 1,000 additional residents more than the General Plan’s buildout, which indicates that approximately three acres of new parkland are needed to maintain the City’s standard. To offset such impacts, the City collects a parks and recreation facility development impact fee for all categories of development. The City’s continued implementation of park improvement and development projects would ensure that the adequate amount of parkland would be available. As such, impacts from the proposed project would be less than significant.

Transportation
The General Plan EIR identified significant and unavoidable impacts to motor vehicle traffic from the General Plan. While traffic impacts are no longer considered significant under CEQA, the General Plan EIR determined that implementation of the General Plan would also result in increased transit travel times on transit corridors. This indicates that the General Plan would conflict with a program, plan, ordinance, or policy for transit facilities, which would result in a significant and unavoidable impact. The proposed project identifies additional residential buildout potential within the city which could potentially increase this impact.

The General Plan EIR also conducted a VMT analysis which determined that VMT levels would decrease from the existing condition with implementation of the General Plan. As discussed previously, this VMT analysis was also conducted for several alternatives that are discussed in Chapter 4, Analysis of Alternatives, of the General Plan EIR. Alternative 2: Neighborhood Centers analyzed a larger buildout than the General Plan which produced the same level of VMT per trip as the General Plan and a lower total daily VMT than the General Plan. This indicates that VMT levels for the proposed project could also be lower when compared to the General Plan. The RHNA surplus units are primarily attributed to an increased density potential for various sites. According to the Office of Planning and Research (OPR) Guidelines on Evaluating Transportation Impacts in CEQA, residential and office projects that are in areas with low VMT, and that incorporate features such as density, mix of uses, transit accessibility, will tend to exhibit lower VMT (OPR 2018). Therefore, both the proposed project and the General Plan would have a less than significant impact on VMT.

Furthermore, the General Plan EIR states that the General Plan would have a beneficial impact on pedestrian and bicycle circulation and access and does not analyze potential impacts to emergency access or increases in hazards due to road design. The proposed project would not result in obstructed access for emergency vehicles, nor does it propose any roadway improvements that may result in hazardous conditions. All projects under the General Plan and proposed project would comply with the City’s standards resulting in less than significant impacts for all additional transportation topics.

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Utilities and Service Systems
The General Plan EIR states that the General Plan would have less than significant impacts on utilities and service systems. General Plan implementation is expected to add an additional estimated 2 million gallons per day in average daily water demand, but the City reports that this would not create adverse impacts on water supply given that new development under the General Plan would make up a very small fraction of EBMUD’s service (3 percent) and represents an increase of less than one percent of service already planned for by EBMUD. EBMUD’s 2020 Urban Water Management Plan estimated the average daily water demand in its service area to be 180 million gallons per day (EBMUD 2020). A report published by EBMUD in 2006 stated that the average per capita single-family indoor water demand is 65 gallons per day (EBMUD 2006). Therefore, the demand of the additional 1,017 potential residents would represent approximately 0.03 percent of EBMUD’s daily water demand which is not expected to significantly affect EBMUD’s water supplies and capacity.

The General Plan EIR also notes that no expansions of wastewater treatment facilities were expected given that the growth under the General Plan was expected to require an additional 1 percent of EBMUD’s remaining wastewater treatment system capacity. According to EBMUD, the Wastewater Treatment Plant (WWTP) provides primary treatment for up to 320 million gallons per day (mgd) and secondary treatment for up to 168 mgd; storage basins provide plant capacity for a short-term hydraulic peak of 415 mgd. On average, about 63 million gallons of wastewater are treated daily at the WWTP (East Bay Municipal Utility District 2022). Using the Berkeley Housing Element EIR’s wastewater generation factor of 40 gallons per day (gpd) per unit for multiple-family residential units, the proposed project’s 579 surplus units would generate 23,120 gpd (Berkeley 2022). This is within the treatment capacity of WWTP and therefore the proposed project would not require expanded or new wastewater treatment facilities.

The General Plan EIR further states that the potential waste generated by the General Plan would likely be further offset by increased diversion, and that there is sufficient landfill capacity to meet demand. The Altamont Landfill facility serves the city and has a total estimated capacity of 65 million cubic yards (CalRecycle 2022). CalRecycle estimates that multi-family residential uses generate an average of four pounds of solid waste per unit per day (CalRecycle 2019). The proposed project’s additional buildout units would therefore generate 2,300 pounds of solid waste per day, which would not exceed the maximum permitted daily throughout of 11,150 tons per day. Therefore, the proposed project would not generate solid waste more than State or local standards, or more than the capacity of local infrastructure. Like all other developments within the city, the proposed project would also comply with all federal, state, and local management and reduction statutes and regulations related to solid waste. Therefore, impacts are less than significant.

Wildfire
According to the Department of Forestry and Fire Protection, the City of Emeryville contains no land within a mapped fire hazard severity zone (CAL FIRE 2022). The city is urbanized and primarily flat so the proposed project as well as the General Plan would not exacerbate fire risks or expose residents to landslide, slope instability, or drainage impacts. Furthermore, neither the proposed project nor the General Plan propose any action that would impar an adopted emergency response plan. Impacts to wildfire hazards would be less than significant.

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No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the EIR was certified shows:
a. The project will have one or more significant effects not discussed in the previous EIR.

There is no new information of substantial importance that was not known at the time that the General Plan EIR was certified that shows that the project will have one or more significant effects not discussed in the General Plan EIR. The General Plan EIR addresses potentially significant impacts related to land use and housing; traffic, circulation, and parking; hazardous materials, toxics, and safety; biological resources; hydrology and flooding; geology and soils; noise; cultural resources; air quality; public services and utilities; parks and recreation; visual resources; and energy and greenhouse gases. The proposed Housing Element programs are similar to the existing programs of the General Plan. The proposed 2023– 2031 Housing Element includes 37 amended programs and 19 new programs. These amended and new programs would not result in new significant environmental impacts. The City’s General Plan provides for housing growth in the city over time. The proposed Housing Element identifies targets for housing at different income levels but does not include development of an unusual type, scale, or location that would not have been evaluated in the General Plan EIR. Because a development project must be consistent with the General Plan, zoning, and development standards of the City, the adopted measures to address physical impacts on the environment would be applied resulting in the same impacts as evaluated in the General Plan EIR. Therefore, there would be no new environmental impacts. b. Significant effects previously examined will be substantially more severe than shown in the previous EIR.

There is no new information of substantial importance that was not known at the time that the General Plan EIR was certified that shows that the project will cause significant effects identified in the General Plan EIR to be more severe. The proposed project would have the same significant impacts as those disclosed in the certified General Plan EIR. The General Plan EIR identified potentially significant impacts for land use and housing; traffic, circulation, and parking; hazardous materials, toxics, and safety; biological resources; hydrology and flooding; geology and soils; noise; cultural resources; air quality; public services and utilities; parks and recreation; visual resources; and energy and greenhouse gases. The policies identified in the General Plan EIR to reduce physical environmental effects would also apply to the proposed project.

Because the proposed project does not include land use changes and the new and amended programs identified in Table 1-1 would not affect land use patterns in the city or result in physical changes to the environment, there would be no new or more severe significant impacts associated with the proposed 2023–2031 Housing Element.
c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative.

There is no new information of substantial importance that was not known at the time that the General Plan EIR was certified that shows that mitigation measures or alternatives previously found not to be feasible would be feasible. The proposed project includes policy-level changes that are limited to complying with state law and would not result in physical changes to the environment that were not disclosed in the A D D E N D U M T O T H E G E N E R A L P L A N E I R F O R T H E 2023 – 2031 H O U S I N G E L E M E N T U P D A T E

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General Plan EIR. Moreover, the proposed project would not create new impacts or the need for additional mitigation measures. The policies identified in the General Plan EIR would reduce physical environmental effects associated with future development. These policies in the General Plan EIR would also apply to the 2023–2031 Housing Element. The City is required to adopt a Housing Element and the element must be reviewed and certified by HCD. There is no feasible alternative to adopting a Housing Element. The update to the Housing Element would not result in significant environmental impacts or increase the severity of any environmental impacts previously evaluated in the General Plan EIR; therefore, there is no need for new mitigation measures.
d. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.

There is no new information of substantial importance that was not known at the time that the General Plan EIR was certified that shows that mitigation measures or alternatives which are different from those analyzed in the General Plan EIR would reduce a significant impact. The proposed project would have the same significant impacts as the previously certified General Plan EIR, and all associated policies and mitigation measures identified in the General Plan EIR to reduce physical environmental effects would apply to all future development. There would be no new significant impacts resulting from adoption of the 2023–2031 Housing Element; therefore, there would be no new mitigation measures or alternatives required for the proposed Housing Element.

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3. References
Association of Bay Area Governments. 2017. Projections 2040. http://projections.planbayarea.org/data Berkeley, City of. 2022. City of Berkeley 2023-2031 Housing Element Update Draft Environmental Impact Report. https://files.ceqanet.opr.ca.gov/275547-
2/attachment/EBr4PYnbsWk4SrnrIcBFu52i3mU1A1Rzfi_OLOu52KeuQ2Z0w8PmaP25oCcqotMM0U 0K9sduugzGhL9Z0
California Department of Forestry and Fire Protection (CAL FIRE). 2022, November 23 (Accessed). Fire Hazard Severity Viewer. https://egis.fire.ca.gov/FHSZ/
CalRecycle. 2022, November 23 (Accessed). Altamont Landfill & Resource Recovery (01-AA-0009). https://www2.calrecycle.ca.gov/SolidWaste/SiteActivity/Details/7?siteID=7 ____. 2019. Estimated Solid Waste Generation Rates.
https://www2.calrecycle.ca.gov/wastecharacterization/general/rates Department of Conservation (DOC). 2018. California Important Farmland Finder, Alameda. https://maps.conservation.ca.gov/dlrp/ciff/
Department of Conservation- Division of Geology and Mining. 1996. Generalized Mineral Land Classification Map of the South San Francisco Bay Production-Consumption Region.

East Bay Municipal Utility District (EBMUD). 2022, November 23 (Accessed). Wastewater Treatment. https://www.ebmud.com/wastewater/collection-treatment/wastewater-treatment ____. 2020. Urban Water Management Plan. https://www.ebmud.com/water/about-your-water/watersupply/urban-water-management-plan ____. 2006. Water Conservation and Recycling Annual Report.

Office of Planning and Research (OPR). 2018, December. Technical Advisory on Evaluating Transportation Impacts in CEQA. https://opr.ca.gov/ceqa/docs/20190122-743_Technical_Advisory.pdf