TOWN OF HILLSBOROUGH
San Mateo County
Christine Krolik, Mayor 1600 Floribunda Avenue
Sophie Cole, Vice Mayor Hillsborough, CA 94010
Marie Chuang, Councilmember www.hillsborough.net
Leslie Marden Ragsdale, Councilmember Phone 650-375-7400 Alvin L. Royse, Councilmember
A G E N D A
THURSDAY, MAY 11, 2023
3:00 PM SPECIAL CITY COUNCIL MEETING – CLOSED SESSION
3:30 PM SPECIAL CITY COUNCIL MEETING – STUDY SESSION
Hillsborough Town Hall and Zoom Video Conference
Meetings of the City Council are held in-person. As a courtesy, and in compliance with applicable state law, staff and members of the public may participate in the meeting in person at Town Hall or virtually via Zoom Video Conference.
Members of the City Council may participate remotely from time to time in accordance with the provisions of Government Code section 54953.
To attend the meeting in person:
1600 Floribunda Avenue, Hillsborough, CA 94010.
To provide Public Comment in person:
Members of the public wishing to speak are requested to complete a yellow speaker card and submit it to the City Clerk.
To participate in the meeting via Zoom Video Conference:
• Log in to the meeting at https://us06web.zoom.us/j/87876808352?pwd=ZUtXdkFjNDg3M0E3cE9yeERBSHFMZz09 • Dial-in via phone:
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Meeting ID: 878 7680 8352
Passcode: 669958
To provide Public Comment via Zoom Video Conference:
Live verbal public comments may be made by requesting to speak using the “raise hand” feature in Zoom or, if calling in by phone, by pressing *9 on the telephone keypad prior to the close of the public comment period for the item. In response, the Town will unmute the speaker and allow them to speak up to three minutes.
CLOSED SESSION (3:00 pm)
CALL TO ORDER
ROLL CALL
Special Meeting Agenda – Hillsborough City Council
Thursday, May 11, 2023
PUBLIC COMMENT
Members of the public may provide public comments on the item on the Closed Session agenda. Members of the public participating in person are requested to complete a yellow speaker card and submit it to the City Clerk before addressing the City Council. Members of the public participating via the Zoom platform may use the “raise hand” feature or, if calling in by phone, press *9 on the telephone keypad. Speakers are limited to one comment per Closed Session item.
ANNOUNCEMENT OF CONFLICT OF INTEREST
This portion of the agenda is for Councilmembers to disclose any conflict of interest related to the Closed Session item. Any Councilmember who has confirmed a conflict of interest or has reason to believe they have a conflict of interest should disclose the conflict for the record and abide by the disqualification requirements contained in FPPC regulations.
CLOSED SESSION ITEM
A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Pursuant to Government Code Section 54956.9(d)(2)
Town as Defendant – One Potential Case (see legal threat document in agenda packet)
ADJOURN CLOSED SESSION
SPECIAL CITY COUNCIL MEETING (3:30 pm)
I. CALL TO ORDER
II. ROLL CALL
III. REPORT FROM CLOSED SESSION
IV. ANNOUNCEMENT OF CONFLICT OF INTEREST
This portion of the agenda is for Councilmembers to disclose any conflict of interest related to the item on the agenda. Any Councilmember who has confirmed a conflict of interest or has reason to believe they have a conflict of interest should disclose the conflict for the record and abide by the disqualification requirements contained in FPPC regulations.
V. STUDY SESSION
1. DISCUSS DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (HCD) COMMENTS ON THE DRAFT HOUSING ELEMENT UPDATE AND PROVIDE
DIRECTION
1a. Receive Staff Presentation
1b. Take Public Comment
1c. Council Discussion and Direction
VI. ADJOURNMENT
SPECIAL ACCOMMODATIONS:
If you need a disability-related modification or accommodation, including auxiliary aids or services, to participate in the City Council meeting, or if you need an agenda in an alternate form, please contact the City Clerk’s Office at 375-7412 at least 24 hours before the scheduled City Council meeting.
Special Meeting Agenda – Hillsborough City Council
Thursday, May 11, 2023
ADDRESSING THE CITY COUNCIL:
Members of the public may provide written comments to the City Council regarding any item on the agenda up to two hours before the meeting to [email protected] or by mail/in person at 1600 Floribunda Avenue, Hillsborough, CA 94010. Any writings or documents provided to a majority of the City Council regarding any item on this agenda prior to the deadline, except as exempt from public disclosure under applicable law, will be available for public inspection on the Town website, and in the City Clerk’s Office at 1600 Floribunda Avenue, Hillsborough, CA 94010, during regular business hours.
AUDIO / VISUAL ADVISORY:
Those persons who wish to use PowerPoint or other mediums when presenting to the City Council will be required to submit media items to the City Clerk by 12:00 p.m. on the day of the meeting. Media items can be emailed to [email protected].
AUDIO OR VIDEO RECORDINGS:
Please be advised that under the Brown Act, any person has the right to record the City Council meeting, including the audience in attendance, using an audio or video recording device subject to certain exceptions. Please be aware that by attending a City Council meeting, you may be audio or video recorded.
CLOSED SESSION ITEM A
Legal Threat Document for Justification
I am memorializing my conversation with an attorney, who called me regarding a resident located at 100 Stonehedge Road, Hillsborough and his discussions with her. The attorney wanted to open discussions regarding claims that may exist on behalf of the resident due to the Town’s issuance of a permit for development of neighboring property located at 118 Baywood Avenue, Hillsborough and damages she may have incurred resulting therefrom. The attorney indicated that he would like to settle this matter before a formal lawsuit is filed and would like the opportunity to discuss in a mediation type format for now.
Al Royse
Councilmember
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
May 8, 2023
Ann Rizma, City Manager
Town of Hillsborough
1600 Floribunda Avenue
Hillsborough, CA 94010
Dear Ann Rizma:
RE: Town of Hillsborough’s 6th Cycle (2023-2031) Subsequent Draft Housing Element Thank you for submitting the Town of Hillsborough’s (Town) draft housing element received for review on March 9, 2023. Pursuant to Government Code section 65585, subdivision (b), the California Department of Housing and Community Development (HCD) is reporting the results of its review. In addition, HCD considered comments from Dave Pine of the San Mateo County Board of Supervisors, Hillsborough Housing Element Advisory Committee (HEAC), Cameron Douraghy, Hillsborough Citizen’s Alliance (HCA), and David Kellogg pursuant to Government Code section 65585, subdivision (c).
The draft housing element addresses most statutory requirements described in HCD’s January 10, 2023, letter; however, additional revisions are necessary to fully comply with State Housing Element Law (Article 10.6 of the Gov. Code). The enclosed Appendix describes the remaining revisions needed to comply with State Housing Element Law. HCD would like to acknowledge the Town’s new strategy to ensure that there are opportunities to develop multifamily housing. These opportunities are critical for promoting housing mobility and provide a for a variety of housing types including rental housing.
For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), if a local government fails to adopt a compliant housing element within 120 days of the statutory deadline (January 31, 2023), then any rezoning to make prior identified sites available or accommodate the regional housing needs allocation (RHNA) shall be completed no later than one year from the statutory deadline pursuant to Government Code sections 65583, subdivision (c) and 65583.2, subdivision (c). Otherwise, the local government’s housing element will no longer comply with State Housing Element Law, and HCD may revoke its finding of substantial compliance pursuant to Government Code section 65585, subdivision (i). Please be aware, if the Town fails to adopt a compliant housing element within one year from the statutory deadline, the element cannot be found in substantial compliance until these rezones are completed.
ITEM 1
Ann Rizma, City Manager
Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the Town should continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available and considering and incorporating comments where appropriate.
Please be aware, any revisions to the element must be posted on the local government’s website and to email a link to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting to HCD.
Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant, the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities program, and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the Town meets housing element requirements for these and other funding sources.
For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the Town to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at:
https://www.opr.ca.gov/planning/general-plan/guidelines.html.
HCD appreciates the continued dedication and hard work the Hillsborough Housing Element team provided during the course of our review. We are committed to assisting the Town in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact Anthony Errichetto, of our staff, at [email protected].
Sincerely,
Melinda Coy
Proactive Housing Accountability Chief
Enclosure
Town of Hillsborough’s 6th Cycle Subsequent Draft Housing Element Page 1 May 8, 2023
APPENDIX
TOWN OF HILLSBOROUGH
The following changes are necessary to bring the Town’s housing element into compliance with Article 10.6 of the Government Code. Accompanying each recommended change, we cite the supporting section of the Government Code.
Housing element technical assistance information is available on HCD’s website at https://www.hcd.ca.gov/planning-and-community-development/hcd-memos. Among other resources, the housing element section contains HCD’s latest technical assistance tool, Building Blocks for Effective Housing Elements (Building Blocks), available at https://www.hcd.ca.gov/planning-andcommunity-development/housing-elements/building-blocks and includes the Government Code addressing State Housing Element Law and other resources.
A. Housing Needs, Resources, and Constraints
1. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in the jurisdiction (Gov. Code, § 65583, subd. (c)(10)(A)) Site Inventory: The element includes some discussion and the analysis of the sites for each of the Affirmatively Furthering Fair Housing (AFFH) categories relative to the existing patterns; however, with the inclusion of new multifamily sites, this analysis should be evaluated based on the number of units per site by income group (number of households). Based on this analysis, the Town may need to add additional programs to promote housing mobility (beyond the Regional Housing Needs Allocation (RHNA)).
2. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov. Code, § 65583, subd. (a)(3).)
The Town has a RHNA of 554 housing units, of which 244 are for lower-income households. To address this need, the element relies on Accessory Dwelling Units (ADUs), SB-9 lot splits, and nonvacant multifamily sites for redevelopment. To demonstrate the adequacy of these sites and strategies to accommodate the Town’s RHNA, the element must include a complete analysis:
Realistic Capacity: The element was not revised to address this finding. Please see HCD’s prior review for additional information.
Suitability of Nonvacant Sites: The element was not revised to address this finding.
Please see HCD’s prior review for additional information.
Sites Inventory: For your information, there seems to be some discrepancy in Table
8.12 with other site inventory summation tables such as Table 8.11.
Town of Hillsborough’s 6th Cycle Subsequent Draft Housing Element Page 2 May 8, 2023
Sites with Zoning for a Variety of Housing Types: The element was not revised to address this finding regarding Single-Room Occupancy (SRO) units, mobile homes, and manufactured housing. Please see HCD’s prior review for additional information.
Furthermore, as stated in HCD’s prior review, please be aware that Chapter 654, Statutes of 2022 (AB 2339) adds specificity on how cities and counties plan for emergency shelters and ensure sufficient and suitable capacity. Future submittals of the housing element may need to address these statutory requirements. For additional information and timing requirements, please see HCD’s memo at https://www.hcd.ca.gov/sites/default/files/docs/planning-and-community/ab2339- notice.pdf.
3. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures. The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Government Code section 65584 and from meeting the need for housing for persons with disabilities, supportive housing, transitional housing, and emergency shelters identified pursuant to paragraph (7). (Gov. Code, § 65583, subd. (a)(5).) Land-Use Controls: While the element identifies a few land-use controls as potential constraints (e.g., setbacks, permitted uses, heights), it must also identify the existing standards of all land-use controls and analyze them independently and cumulatively with other land use controls. For example, the analysis should specifically address requirements related to height limits, lot coverages, and limits on allowable densities.
The analysis should address any impacts on cost, supply, housing choice, affordability, timing, approval certainty and ability to achieve maximum densities and include programs to address identified constraints.
Parking Standards: While the element acknowledges a constraint related to covered parking space requirements, as stated in HCD’s prior review, it must describe and analyze all parking requirements for potential constraints and add programs to address identified constraints resulting from such analysis.
In addition, the revised element added Action 1.4(g) to comply with AB-2097 to minimize parking requirements in areas served by transit, however, the element should clarify what areas of the Town would qualify and to what degree this action addresses constraints identified as part of the analysis of parking standards. Action 1.4(g) should be revised as appropriate.
Fees and Exaction: While the revised element analyzed the total cost of fees in the Town related to other jurisdictions in the region, it should also list all the required fees (i.e., development impact fees, planning fees, permitting fees, etc.) and identify their Town of Hillsborough’s 6th Cycle Subsequent Draft Housing Element Page 3 May 8, 2023
total amount. In addition, the element should identify the total amount of fees and their proportion to typical housing development costs.
Local Processing and Permit Procedures: The element sufficiently describes permit processing procedures for single-family residential uses; however, it must also provide such procedures for multifamily residential uses. The element must add a new Action with discrete timing and specific commitment to establish such permit processing procedures for multifamily uses (i.e., approval bodies, design reviews, public noticing requirements, approval findings, etc.).
In addition, the element acknowledges Environmental Impact Reports (EIR), if required, often add up to an additional year to the permit process. The element should include an evaluation of this procedure and add programs to address identified constraints as appropriate. Finally, the element should address public comments on this revised draft submittal and discuss compliance with the Permit Streamlining Act and intersections with CEQA and timing requirements, including streamlining determinations and add or modify programs as appropriate.
Housing for Persons with Disabilities: While the revised element describes procedures and approval findings for reasonable accommodations, it must also analyze them for constraints on housing for persons with disabilities as well as any other sitting requirements. For example, the element should analyze approval findings for objectivity and add programs to address subjective language.
The element added Action 1.4(a) to address HCD’s prior finding regarding group homes of seven or more persons; however, to be sufficient the Action should specify what zones will allow the use and what will the procedure for these types of development be in those zones. The Action must ensure group homes of seven or more persons are not excluded from residential zones, including those of low-density.
Please also note that requiring these housing types to obtain a special use or conditional use permit (CUP) could potentially subject housing for persons with disabilities to higher discretionary standards unlike other residential uses.
B. Housing Programs
1. Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Government Code section 65584.09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, singleroom occupancy units, emergency shelters, and transitional housing. (Gov. Code, § 65583, subd. (c)(1).)
Town of Hillsborough’s 6th Cycle Subsequent Draft Housing Element Page 4 May 8, 2023
As noted in Finding A2, the element does not include a complete site analysis; therefore, the adequacy of sites and zoning were not established. Based on the results of a complete sites inventory and analysis, the Town may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types. In addition, the element should be revised as follows:
Action 1.4(e) (Emergency Shelters): The element was not revised to address this requirement. Please see HCD’s prior review for additional information. The program should be amended as appropriate to include specific and measurable actions.
Action 3.2 (a) (Encourage Site Redevelopment – Recreation and School): The program should include specific actions, commitments, and/or incentives to facilitated development on these sites. This could include a clear procedure for approval of applications, development standards, or other criteria to facilitate the development of multifamily housing.
Action 3.3 (Facilitate the Development of the Town Hall Campus) and Action 3.4 (Facilitate the Development at the Tobin Clark Housing Opportunity Site): Pursuant to Table 9.17, the Town is expecting to rezone the Town Hall Campus site and the Tobin Clark Housing site to accommodate a portion of the RHNA for lower income. The element must commit to rezoning these sites pursuant to Government Code section 65583.2, subdivision (h) and (i). In addition, the element states that access to the site is through the City of San Mateo and San Mateo College. The program must commit to coordination with these entities to ensure that vehicle access to the site can be achieved as part of the development.
2. Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. (Gov. Code, § 65583, subd. (c)(3).) As noted in Finding A3, the element requires a complete analysis of potential governmental constraints. Depending upon the results of that analysis, the Town may need to revise or add programs and address and remove or mitigate any identified constraints. In addition, the element should be revised as follows:
Land-Use Controls: While the revised element acknowledges multiple constraints related to land-use controls (i.e., setbacks, permitted uses, building heights), programs must be added to sufficiently address the identified constraints.
Action 1.1(b) (Municipal Code Update): The element acknowledges minimum lot sizes and degree slope requirements as a constraint and added Action 1.1(b) to analyze average slope and minimum lot size and amend if likely to result in “increased development;” however, amendments should be made if analysis the analysis finds standards to be “potential constraints to cost, supply, or affordability to development” as replacement language.
Town of Hillsborough’s 6th Cycle Subsequent Draft Housing Element Page 5 May 8, 2023
Parking Standards: While the revised element acknowledges the minimum two garage space parking requirement as a constraint, it should also add a program to address the identified constraint.
3. Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law. (Gov. Code, § 65583, subd. (c)(5).)
As noted in Finding A1, the element requires a complete AFFH analysis. Depending upon the results of that analysis, the Town may need to revise or add programs. In addition, while actions now have milestones it must also include geographic targeting and metrics, or numerical targets and it should address potential displacement.
C. Quantified Objectives
Establish the number of housing units, by income level, that can be constructed, rehabilitated, and conserved over a five-year time frame. (Gov. Code, § 65583, subd. (b)(1 & 2).)
As stated in HCD’s prior review, the element must include quantified objectives estimating the number of housing units by income category that can be constructed, rehabilitated, and conserved over a five-year time period. See previous review.