SPECIAL JOINT
CITY COUNCIL
AND
PLANNING COMMISSION
MEETING
FEBRUARY 1, 2022
PRESENTATIONS
SPECIAL JOINT CITY COUNCIL
AND
PLANNNG COMMISSION
WORK SESSION
ITEM #7
WS 22-004
DENSITY BONUS UPDATE AND
RESIDENTIAL OBJECTIVE STANDARDS
PROJECT
1 Objective Residential Standards &
Zoning/General Plan Consistency
Joint Session of the City Council and Planning Commission February 1, 2022
Elizabeth Blanton, AICP, Senior Planner
Project Scope
The City was awarded SB 2 grant in 2020.
✓ Residential Objective Standards
• Development of more detailed
objective residential standards in
response to SB 330 and other recent
legislation.
✓ Zoning/General Plan Consistency
• Over 1,500 parcels are zoned RS, Single-
Family Residential but have General Plan
designations that allow/require higher
densities.
• Through rezoning or zoning overlay,
these parcels will be brought into
conformance with the General Plan.
Recently Adopted State Housing Legislation
AB 744 – Density Bonus AB 1771 – RHNA
AB 1934 – Development Bonus - Mixed Use AB 686- Affirmatively Further Fair Housing AB 2208 – Inventory of Land for Residential Development AB 2162 – Supportive Housing AB 2685 – Housing Element Adoption AB 2372 – Floor Area Ratio Bonus SB 35/SB 765 – Affordable Housing Streamlined Approval AB 2797 – Density Bonuses SB 166 – Residential Density and Affordability AB 3194 – Housing Acct Act: Project Approval SB 229 – Accessory Dwelling Units SB 828 – RHNA
SB 540 – Workforce Housing Opportunity Zone SB 1227 – Density Bonuses AB 1505 – Zoning (Inclusionary Housing Ord.) AB 587 – Separate Sale or Conveyance: ADU AB 72 – Housing Element Compliance AB 670 – ADU; Common Interest Dev.
AB 678/SB 167 – Housing Accountability Act AB 1783 H-2A – Worker Housing SB 330 – Housing Crisis Act of 2019 AB 879 – Housing Development Fees
AB 744 – Density Bonus AB 1771 – RHNA
AB 1934 – Development Bonus - Mixed Use AB 686- Affirmatively Further Fair Housing AB 2208 – Inventory of Land for Residential Development AB 2162 – Supportive Housing AB 2685 – Housing Element Adoption AB 2372 – Floor Area Ratio Bonus SB 35/SB 765 – Affordable Housing Streamlined Approval AB 2797 – Density Bonuses SB 166 – Residential Density and Affordability AB 3194 – Housing Acct Act: Project Approval SB 229 – Accessory Dwelling Units SB 828 – RHNA
SB 540 – Workforce Housing Opportunity Zone SB 1227 – Density Bonuses AB 1505 – Zoning (Inclusionary Housing Ord.) AB 587 – Separate Sale or Conveyance: ADU AB 72 – Housing Element Compliance AB 670 – ADU; Common Interest Dev.
AB 678/SB 167 – Housing Accountability Act AB 1783 H-2A – Worker Housing SB 330 – Housing Crisis Act of 2019 AB 879 – Housing Development Fees Recently Adopted State Housing Legislation
SB 330 (2019)
Prohibits an affected city or county from enacting a
development policy or standard that would:
• Reduce intensity of land use unless an equivalent increase in intensity is provided elsewhere
• Impose design review standards that are not objective • Limit housing through moratoria, land use approvals or permits, or capping housing units
Cities are prevented from enacting ordinances that would negatively affect housing developments that have already submitted a preliminary application.
Projects shall have no net loss in residential units for affordable housing.
SB 35 (2018)
This law establishes a streamlined,
ministerial review process for certain multi-
family affordable housing projects that
meet adopted objective standards.
Developments must be infill, comply with
zoning, have 10% of units for lower-income
and requires projects over 10 units use
prevailing wage and skilled and trained
labor.
Hayward has approved two SB 35 projects
and is processing a third application.
AB 744 – Density Bonus AB 1771 – RHNA
AB 1934 – Development Bonus - Mixed Use AB 686- Affirmatively Further Fair Housing AB 2208 – Inventory of Land for Residential Development AB 2162 – Supportive Housing AB 2685 – Housing Element Adoption AB 2372 – Floor Area Ratio Bonus SB 35/SB 765 – Affordable Housing Streamlined Approval AB 2797 – Density Bonuses SB 166 – Residential Density and Affordability AB 3194 – Housing Acct Act: Project Approval SB 229 – Accessory Dwelling Units SB 828 – RHNA
SB 540 – Workforce Housing Opportunity Zone SB 1227 – Density Bonuses AB 1505 – Zoning (Inclusionary Housing Ord.) AB 587 – Separate Sale or Conveyance: ADU AB 72 – Housing Element Compliance AB 670 – ADU; Common Interest Dev.
AB 678/SB 167 – Housing Accountability Act AB 1783 H-2A – Worker Housing SB 330 – Housing Crisis Act of 2019 AB 879 – Housing Development Fees Recently Adopted State Housing Legislation
SB 9 (2022)
Allows development of duplexes on all
single-family zoned properties; and allows
single family zoned lots to be split into
two separate lots provided that they meet
minimum size requirements.
This law limits local control on any
development that meets adopted
objective standards.
"Missing Middle"
Objective Standards
Definition
"Objective Standards are standards
that involve no personal or subjective
judgement by a public official"
Objective Standards
Examples
Objective Standard:
All structures shall include at least one
primary color and a maximum of two (2)
accent colors, in addition to the color of
the roofing material.
Non-Objective Standard:
Select colors that are harmonious
with surroundings and other
building materials. Accent colors
are encouraged to enliven buildings.
Objective Standards
Examples
Objective Standard:
The longest dimension of the facade of at least
one structure shall include a wall plane-break
comprised of an “offset” of at least one foot six
inches in finished depth located at every
demising wall between living units within a
single structure and/or at least every 30 feet.
Non-Objective Standard:
Avoid unrelated bulk in
the placement of one- and two-
story structures.
Zoning & Objective Standards
What are other jurisdictions doing?
Existing General Plan/Zoning Discrepancies
Potential Stakeholders/Outreach Strategies
1 Project
Kickoff &
Community
Engagement
Plan
Vision and
Background
Research
Technical Report
with Options and
Recommendations
& Parking Analysis
Draft
Objective
Standards &
Zoning
Amendments
Adoption
Hearings
2 3 4 6
Process
Environmental
Review
(if necessary)
5 Consultant Team
1 Are there parking issues the Planning
Commission wants to share with
Council?
What qualities of
residential development should the
objective standards focus on?
• Massing (overall, upper stories)
• Relationship to
surrounding development
• Frontage types
• Windows/Privacy
• Landscaping
• Colors/materials
• Parking
3 What stakeholders should be engaged
as part of this process and/or what
outreach strategies should be used?Questions for Discussion 2 16
Density Bonus Ordinance Update
Joint Session of the City Council and Planning Commission February 1, 2022
Jeremy Lochirco, Acting Planning Manager
Background
• City’s current Density Bonus Ordinance was adopted in 2005 and does not align with recently adopted State legislation
• The City will need to repeal and replace the existing Ordinance • Updating the Density Bonus Ordinance is a priority project identified in the City’s Strategic Roadmap and identified for implementation in the Hayward 2040 General Plan
• In 2020, the City received SB2 Grant to fund the update the City’s Density Bonus Ordinance to align with recently adopted State laws • The density bonus incentivizes the inclusion of on-site affordable housing
Purpose of this Work Session
✓Provide Update & Overview of recent State Density Bonus legislation ✓Explain Discrepancy between current Hayward Ordinance and State Law ✓Review Case Studies from Other Jurisdictions
✓Collect Feedback from City Council and Planning Commission on possible options to include as part of the Ordinance update ✓Discuss Project Timeline and Next Steps
Project Overview
Density Bonus: entitles a developer to build more housing units if they reserve a share of the units for low income or senior residents.
Amount of Bonus
Allowed
Maximum # of
Incentives
Misc.
Hayward
Density Bonus
Ordinance
5 to 35% Density
Bonus
1 to 3 incentives
(parking counts as one
incentive)
California
Density Bonus
law
20 to 80% Density
Bonus
1 to 4 incentives Relaxed parking
requirements
Options to Consider
1. Follow the State’s Density Bonus formula with no additional changes
2. Offer additional incentives for certain types of housing
3. Align the density bonus approval process with the standard entitlement process to streamline housing permitting?
Recently Adopted State Legislation
2018 2019 2020 2021
AB 1763: Increased
maximum density
bonus to 80%
AB 2345: No
parking reqs for
100% affordable
projects near
transit
AB 1227: Student
housing
SB 728: Moderate
for-sale units
SB 290: Low-income
students
AB 634: Allows
longer affordability
period
Current State Density Bonus Law
• 20% - 80% Density Bonus
• Relaxed parking requirements
• 1-4 incentives; burden to prove ineligibility is on the City • For 100% affordable projects near transit, no parking requirements, three- story height increase, unlimited density within that building envelope Examples from Other Jurisdictions
Action Goal
Default to the State formula Flexibility to future changes Offer additional incentives for desirable
development types
Strengthen incentive for locally-important
housing types
Create guidelines about what constitutes
an incentive
Provides consistency and transparency
for staff and applicants
Pre-define preferred incentives Helps expedite staff approval for straightforward projects
Project Timeline and Next Steps
• Based on feedback received, City staff and our consultant team will prepare an updated Ordinance that meets State laws
• Additional public hearings and expanded community outreach will take place in once a draft Ordinance is completed
- Housing and Homeless Task Force (May 2022)
- Planning Commission (May 2022)
- City Council (June 2022)
• Following Ordinance adoption, City staff and the consultant team will create a checklist and an informational handout to promote the updated program and help City staff and developers better understand their options Questions For Discussion
Does the Council and Planning Commission want the updated Ordinance to:
1. Follow the State’s Density Bonus formula with no additional changes?
2. Offer additional incentives for certain types of housing? - If so, what types of housing should the ordinance further incentivize?
3. Align the density bonus approval process with the standard entitlement process to streamline housing permitting?