Jurisdiction Los Altos Hills ANNUAL ELEMENT PROGRESS REPORT Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element ImplementationPlanning Period 6th Cycle 01/31/2023 - 01/31/2031 1 Projection Period 34
RHNA Allocation by
Income Level
Projection Period -
06/30/2022-
01/30/2023
2023 2024 2025 2026 2027 2028 2029 2030 2031 Total Units to Date (all years) Total Remaining RHNA by Income Level Deed Restricted - - - - - - - - - -
Non-Deed Restricted 7 - - - - - - - - - Deed Restricted - - - - - - - - - - Non-Deed Restricted 6 - - - - - - - - - Deed Restricted - - - - - - - - - - Non-Deed Restricted 7 - - - - - - - - -
Above Moderate 210 11 - - - - - - - - - 11 199
489
31 - - - - - - - - - 31 458
5 67
Extremely low-Income
Need 2023 2024 2025 2026 2027 2028 2029 2030 2031
Total Units to
Date
Total Units
Remaining
63 - - - - - - - - - - 63
VLI Deed Restricted
VLI Non Deed Restricted
LI Deed Restricted
LI Non Deed RestrictedMI Deed Restricted
MI Non Deed Restricted
Above Mod Income
Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD s online APR system, or contact HCD staff at [email protected].
75 7
This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs. 7 Moderate
125 72 82
Please contact HCD if your data is different than the material supplied here 6 2
Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
118 66
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only include units that were permitted since the start of the planning period. Projection Period units are in a separate column.
Total RHNA
Total Units
Income Level
Very LowLowExtremely Low-Income Units*
Note: units serving extremely low-income households are included in the very low-income RHNA progress and must be reported as very low-income units in section 7 of Table A2. They must also be reported in the extremely low-income category (section 13) in Table A2 to be counted as progress toward meeting the extremely low-income housing need determined pursuant to Government Code 65583(a)(1).*Extremely low-income houisng need determined pursuant to Government Code 65583(a)(1). Value in Section 5 is default value, assumed to be half of the very low-income RHNA. May be overwritten.
Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1).
Please Note: Table B does not currently contain data from Table F or Table F2 for prior years. You may login to the APR system to see Table B that contains this data.
Jurisdiction Los Altos Hills
Reporting Year 2023 (Jan. 1 - Dec. 31)
123 4
Name of Program Objective Timeframe in H.E Status of Program Implementation A-1 Availability ofAdequate Sites for NewHousing to meet RHNA Housing development via rezoning and development of new zoning Q1 2026 New zoning designation creation under way A-2 No Net Loss
Monitoring Compliance with SB 166 Q1 2024
Initial data review complete. First phase database expected to be complete 6/30/2024, with final database expected completion TBD but concurrent with future Trakit upgrades A-3 Surplus Lands Assess Town-owned properties for potential development/redevelopment Ongoing Ongoing A-4 By right approval ofprojects with 20 percentaffordable units Housing development via zoning amendments to promote faster development of affordable housing Q1 2026 As work continues on the Town's various zoning amendments, this element will be incorporated into an upcoming amendment.
A-5 Minimum Density
Housing development via zoning amendments to ensure properties can support densities identified in GC 65583.2.h Q1 2026 As work continues on the Town's various zoning amendments, this element will be incorporated into an upcoming amendment.
A-6 Inclusionary HousingOrdinance
Adoption of the ordinance to support the creation of affordable units through the inclusionary zoning process Q1 2026
The Town is partnered with Santa Clara County Housing Collaborative on a comprehensive inclusionary study. When complete, the results will inform the development of the Inclusionary Housing Ordinance.
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.
Table D
Program Implementation Status pursuant to GC Section 65583 ITEM 10A ATTACHMENT 2
A-7 ADU Tracking
Track progress on developing ADUs, analyze trends to determine if progress rate is sufficienty to meet RHNA Ongoing
APR is reporting on 2023 ADU production. Applications are tracked in the epermitting system. A mid-cycle review is planned for 2027 and any necessary zoning amendments to further boost production will be completed by 3/31/2028 A-8 Pre-approved ADU
Plans
Develop a "catalog" of pre-approved permit-ready ADU plans. Q1 2025 Prelim negotiations are underway with Santa Clara County Housing Collaborative on the development of ADU plans for Los Altos Hills.
A-9 Outreach and technical assistance to RHNA site
owners and affordablehousing developers
Promote and facilitate developme nt of RHNA sites, especially to meet the needs of lower, moderate, ELI, and special needs households Ongoing
Regular discussions with site owners occurring, technical support already engaged with Foothill College. Additional PR efforts planned for annual Town Picnic.
A-10 Waive Pathway Feefor ADUs
Remove development constraints by waiving Pathway fee for ADU applications Q3 2023 Complete. Fee schedule updated to reflect this.
A-11 Large Sites
Engage with property owners of large sites regularly to encourage and facilitate development of affordable housing Ongoing
Regular discussions with site owners occurring, technical support already engaged with Foothill College. Additional PR efforts planned for annual Town Picnic.
A-12 Duplex/Triplex
conversions
Allow existing SFD homes to be converted to up to 3 units Q1 2027 Creation of multi-family zoning and objective design standards under way.
A-13 ADU, SB 9 survey and tracking
Survey property owners on intended use and occupancy of ADUs and SB 9 units Q2 2023 Complete. Surveys provided as part of final inspection process A-14 Backup andreplaceme nt sites
Identify and maintain a list of potential sites that can be used to satisfy RHNA Q3 2024 Development of webpage, survey, etc. under way.
B-1 Permit streamlining
Implement expedited permit processing for affordable housing projects and advertise on the Town's website, BIA, Chamber Q1 2026 As work continues on the Town's various zoning amendments, this element will be incorporated into an upcoming amendment.
B-2 Zoning and GeneralPlan Densities
Amend zoning ordinance to ensure maximum GP densities are achievable per AB 3194/HAA Q1 2024
The current zoning already allows maximum density under General Plan to be achieved, and thus no inconsistency currently exists. Development of multifamily zoning under way, including accompanying Objective Design Standards and CEQA review. As mullti-family zoning is created, General Plan/zoning will be further amended to ensure continued compliance with these laws and ensure achievable maximum density.
B-3 Density Bonus
Updates
Amend zoning ordinance to update density bonus regulations to comply with AB 2345, SB 1763, SB 1227 Q1 2026 As work continues on the Town's various zoning amendments, this element will be incorporated into an upcoming amendment.
B-4 Objective Standards Adoption of objective design standards, etc. Q1 2026 Development of multi-family zoning under way, including accompanying Objective Design Standards and CEQA review.
B-5 Climate ActionPlan/Energy EfficientProject Streamlining Provide incentives to encourage energy efficient projects, including implementation of the 2021 Climate Action Plan Ongoing Updated Reach Codes adopted 2/15/2024 with regular updates planned in conjunction with general Building Code updates.
B-6 ADU Ordinance Update
Monitor State law annually and update ADU Ordinance as needed to maintain compliance Ongoing; initial efforts by Q1 2024 and annually thereafter Updated ADU ordinance scheduled for hearing before Council 5/16/2024 and 6/20/2024 [TO BE UPDATED WITH MAY 16 COUNCIL MEETING] B-7 Public fees, standards,plans online
Pursuant to AB 1483, development standards, plans, fees, and nexus studies will be readily available on the Town's website Q3 2023 Complete pending updates for future fee nexus studies, inclusionary housing surveys, pre-approved ADU plans, etc.
B-8 Infrastructure Update Town's sewer master plan Q1 2026 Preliminary discussions with Town Public Works staff has commencedB-9 ReasonableAccommodations The Town will adopt a clear and objective procedure to follow for reasonable accommodation requests that ensures that housing for people with disabilities is attainable without discretionary review Q1 2026 Future discussion
B-10 SB 9 OrdinanceUpdates
Adopt a permanent SB 9 ordinance in compliance with State regulations Q1 2024 Completed B-11 Grading OrdinanceUpdate
Update Town's grading ordinance to more clearly allow for exceptions to the Town's wet season grading moratorium Q1 2024 Updated Grading ordinance scheduled for hearing before Council 5/16/2024 and 6/20/2024 [TO BE UPDATED WITH MAY 16 COUNCIL MEETING] B-12 Permit TrackingImprovements
Improvements to the Town's permit tracking and reporting system to improve access, transparency, and effectiveness.
Q2 2023 Initial phase completed. Further review and identification of potential upgrades will be ongoing.
B-13 Fee Nexus Study
Conduct fee nexus study and make appropriate revisions to ensure charged fees don't exceed the Town's costs.
Q1 2027 Preliminary discussions under way.
B-14 Simplified Planning
Process
Prepare and upload a simplified worksheet for LUF calculations for development projects Q1 2024 Completed
B-15 StreamlineCommittee ReviewProcess
Amend the Town's Zoning Ordinance to limit advisory committee meetings to one meeting and require that comments be provided to the decision making body within 30 days of a complete application. Further, specify that advisory committee review shall be limited to those relating to conformance with the General Plan, Municipal Code, Council-adopted policies and guidelines, and Objective Design Standards Q3 2024 Town staff preparing updates to Municipal Code provisions and related ancillary documents as necessary.
B-16 Story Poles Develop a process to streamline the storypole requirement Q3 2025 Preliminary discussions with Town staff are under way C-1 Preservation of at-risk
housing
Implement strategies to preserve future units identifed as being at risk of converting to market-rate housing Ongoing Under way
C-2 CDBG Allocations
Participate thru Santa Clara County in the Federal CDBG program to provide housing rehab loans for low/mod income housing, provide information hub/portal for info about CDBG funds Ongoing Under way
C-3 DisplacementPrevention Program
Per Govt Code, ensure no net loss of affordable housing units Ongoing Under way C-4 Energy EfficientHousing
Continue to implement the CALGreen Building Code and encourage energy efficient buildings, including informing homeowners of programs offered by PG&E Ongoing Informational materials are available on the Town's website and the Town regularly updates its Reach Codes C-5 Water Conservation Ppublicize the County's water-wise audit and lawn removal incentive program Ongoing Materials are made available to residents
D-1 Housing Choice
Vouchers
Assist eligible low-income households in receiving Housing Choice Voucher assistance. Market vouchers and remind landlords that income discrimination is prohibited in assessing potential renters Ongoing Town collaborates with ABAG, BAHFA, and other regional organizations to ensure funding sources are promoted and made available.
D-2 Affordable Housingand Services Funds
Allocate funding in a competitive process or issue NOFA in an equitable manner for affordable housing development and/or supportive services. Pursue funding sources via all options Ongoing Town collaborates with ABAG, BAHFA, and other regional organizations to ensure funding sources are promoted and made available.
D-3 Landlord-tenantmediation
Continue to use Santa Clara County's
contract with a fair housing specialist to provide fair housing and landlord/tenant mediation services. Increase inquiries to mediation specialists and increase traffic to the Town's housing website Ongoing Programs, regulations, and informational materials are made available E-1 Fair Housing and
Mobility Education andCounseling
Provide education and literature on fair housing, housing mobility, dispute resolution, Health/Safety/Building referrals, Housing Choice Voucher assistance, etc.
Ongoing Programs, regulations, and informational materials are made available E-2 Emergency Shelters
Amend the Town's zoning ordinance to ensure that regulations pertaining to emergency shelters are consistent with State law Q1 2024 Updated zoning ordinance scheduled for hearing before Council 5/16/2024 and 6/20/2024 [TO BE UPDATED WITH MAY 16 COUNCIL MEETING] E-3 Low Barrier Navigation Centers
Pursuant to SB 48, amend the zoning ordinance to establish provisions for LBNCs as by-right uses in areas zoned for mixed-uses and public or institutional uses, subject to specific objective requirements Q1 2024 Updated zoning ordinance scheduled for hearing before Council 5/16/2024 and 6/20/2024 [TO BE UPDATED WITH MAY 16 COUNCIL MEETING]
E-4 Transitional and
Supportive Housing
Pursuant to AB 2162 and AB 2998, amend the zoning ordinance to ensure that transitional and supportive housing are permitted uses as a residential use within all residential zoning designations Q1 2025 Preliminary discussions are under way+D59
E-5 Residential Care
Update the zoning ordinance to allow residential care facilities with 6 or fewer residents as permitted y right in all residential zones, and to establish objective standards for such facilities with 7 or more residents in all residential zoning designations Q1 2026 Future discussion
E-6 Priority Water andSewer Service forAffordable Housing Developments
Pursuant to GC Sec 65589.7, work with service providers to establish written procedures for the prioritization of water and sewer services to housing developments serving lower-income households.
Q1 2024 This activity already occurs, and Town staff are collaborating with the public utility providers to consolidate the procedures into a written policy document.
E-7 Senior Center Funding
Continue to provide financial support to the Community Services Agency and the Los Altos senior Center In conjunction with annual budget Budget scheduled for adoption 6/20/2024 E-8 Farmworker andEmployee Housing
Amend zoning ordinance to allow farmworker housing in all agricultural zones throughout the Town, pursuant to Health and Safety Code Secs 17021.5, 17021.6, and 17021.8 Q1 2026 Future discussion
E-9 Single Room
Occupancy (SRO)
Continue to allow SROs on public and institutional land uses, and create objective standards to allow them as accessory uses in multi-family zones and any other zoning designations created as part of Program A-1 Q1 2025 Future discussion
E-10 Incentives for SeniorDevelopment
Create a set of incentives for development of senior housing on RHNA sites zoned for multi-family development.
Q1 2025 Preliminary discussions with multi-family zoning consultant under way
E-11 Incentives for Lower
Income Housing
Development
Create a set of incentives for development of housing affordable to lower income households, especially extemely low income households. Additionally, amend the zoning ordinance to establish density bonus incentives beyond state law Q3 2025 Future discussion
F-1 Place-basedcommunity improvements
Develop programs and strategies to create place-based improvements through investments in the public rightof-way 2029-2031 Future discussion F-2 Housing Mobility
In coordination with programs A-1, A-3, and A-6, allow multi-family residential opportunities. And in coordination with programs G-1 and G-3, maintain an education program for the 2019 Tenant Protection Act Q1 2026 Future discussion
F-3 Affordable Rental UnitRegistry
Create a registry of affordable rental units in the Town as the units are built Ongoing Affordability survey created and distributed prior to final inspection. A database and website are being developed to maintain a list of available affordable units as they are developed, and to provide an opportunity for existing landlords to designate their properties as affordable are in the early stages of development F-4 Fair Housing Outreachand Enforcement
In coordination with programs D-3 and E1, continue to provide fair housing enforcement, landlord-tenant mediations, and fair housing information to residents and property owners. Also continue to advertise the fair housing specialists that service the Town.
Ongoing Materials are made available to residents and an outreach booth is planned for the Town's annual picnic in June 2024 F-5 Transit ImprovementPrograms
Provide housing projections and other information so VTA continues to provide transit service to Los Altos Hills, including to Foothill College and employment centers outside of LAH Ongoing Ongoing
F-6 Regional participation
in housing mobility efforts
Town will participate in and support regional efforts to encourage housing mobility through promotion of affordable units in a common or countywide registry Ongoing Ongoing
G-1 Housing Information
Continue to improve and expand the use of the various media to inform and promote the use of LAH housing programs to its residents and developers by creating a dedicated webpage on the Town's website Q1 2024 Webpage is live on the Town's website, with ongoing updates to account for legislative and program updates.
G-2 ADU, conversionunits, SB 9 education
Develop and implement a comprehensive marketing program to advertise the ability of homeowners to create conversion units, ADUs, and SB 9 units on the properties Initial plan Q1 2024, implementation by Q1 2025
Ordinances adopted and updated. Development of marketing plan is a future discussion
G-3 Source of Income
Protection/HousingMobility
Inform residents of sources of income protection and state rent control laws such as AB 1482. Conduct outreach to landlords and tenants regarding recent changes to state law regarding income discrimination Q1 2024 then ongoing Materials prepared, publicized, available on Town's website. Outreach planned for annual Town picnic in June 2024 G-4 Housing Services andReferrals Website
Create a webpage on the Town's website containing info about service providers, emergency shelters, tenant protections, etc.
Q3 2023 Completed
G-5 Tenant Matching andOutreach
Establish materials and programs for applicants seeking tenants for ADUs, SB 9 units and/or conversion units, including marketing materials, housing service providers, etc.
Q1 2025 Future discussion
Item 10A, Supplement 1
Item 10A, Supplement 1a
HOUSING ELEMENT
2023 ANNUAL PROGRESS REPORT
CITY COUNCIL REGULAR MEETING
MAY 16, 2024
Item 10A, Supplement 2
BACKGROUND
• Govt Code Sec 65400 mandates
that all cities and counties submit
an Annual Progress Report (APR)
to the Dept of Housing and
Community Development (HCD)
• The APR addresses progress on
implementing the General Plan
Housing Element and meeting the
Town’s share of the Regional
Housing Needs (RHNA)
• This APR covers January 1, 2023
through December 31, 2023
BACKGROUND
• The Housing Element APR satisfies requirements for the Town to report:
• Overall progress on addressing the Implementation Program within the Housing Element
• Progress in meeting the Town’s share of RHNA (applications, entitlements, permits, certificates of occupancy)
• Certain rezoning activities
• Local efforts to remove governmental constraints on the development of housing • As this is the first year for the 6th Cycle Housing Element, it also includes an assessment of highlights from the 5th Cycle Housing Element and those implementation programs that carry over into the 6th Cycle
BACKGROUND
• RHNA establishes a jurisdiction’s obligation to provide housing stock for Very Low-, Low-, and Moderate-income households.
• All new primary residences in Los Altos Hills are designated as Above Moderate-income households.
• Historically, the Town has met its affordable housing goals through the development of ADUs, and more recently through the development of SB 9 dwelling units.
• The Town has also reduced or eliminated sewer and pathway impact fees on new ADUs and developed an administrative program to legalize existing, unpermitted ADUs.
CLOSEOUT OF 5TH CYCLE HOUSING ELEMENT
PLANNING PERIOD
• For the 5th Cycle
Planning Period, the
Town had a RNHA
obligation of 121 units
across different
income levels
• Total units developed
exceeded total target
by nearly 100%
• 121 units required
• 241 units developed
5th Cycle Summary
Housing Element Implementation
Jurisdiction Los Altos Hills
Planning Period 2015-2022
Planning Period Housing Production - Satisfaction of RHNA Obligation 1 2 3 4
Income Level RHNA By Income Level Total Units for Planning Period
Status of Program
Implementation
Very Low Income 46 58 Satisfied (+12)
Low Income 28 37 Satisfied (+9)
Moderate Income 32 34 Satisfied (+2)
Above Mod Income 15 112 Satisfied (+97)
TOTAL RHNA REQ 121 241 Satisfied (+120)
COMMENCEMENT OF 6TH CYCLE HOUSING ELEMENT
PLANNING PERIOD
• For the 6th Cycle Planning Period, ABAG has assigned the Town a RNHA obligation of 489 units across different income levels • HCD Certified the Town’s Housing Element on May 30, 2023 • Housing Element establishes goals, policies, and programs to encourage housing supply and other obligations
RESIDENTIAL DEVELOPMENT IN 2023
• In 2023, the Town issued building permits for twenty-nine (29) residential units. • Seven (7) primary residences
• Twenty-two (22) ADUs
• Of the seven (7) primary residences, three (3) were replacement structures for dwellings that had been demolished. Pursuant to technical guidelines issued by HCD, all seven (7) new units count towards meeting the Town’s overall RHNA obligations. • Legislation such as SB 35 has provided penalties and incentives related toward making progress on meeting an agency’s RHNA obligations, primarily requiring streamlined ministerial approval of residential development applications. Based on data released by HCD as of June 1, 2023, Los Altos Hills is among only 42 jurisdictions throughout the entire State that have met their prorated Lower (Very low- and Low-) and Above moderate-income RHNA obligations for the 5th Cycle Planning Period, and are not subject to the streamlined ministerial approval process outlined in SB 35.
PROGRESS ON IMPLEMENTATION OF 6TH CYCLE
HOUSING ELEMENT
• The Implementation Program contains 60 individual program elements, spread across the 8 year planning period.
• Some implementation program elements completed ahead of deadlines in the Housing Element include:
• Program B-10 – Adoption of a permanent SB 9 Ordinance • Program B-14 – Simplification of Planning entitlement process (LUF/MFA/MDA worksheet)
• Program G-4 – Creation of a housing services referral website hub on the Town’s website • Programs B-6, B-11, E-2, and E-3 involve the consideration of the amendments to the LAHMC for ADUs, Grading, LBNCs, and Emergency Shelters, and they were proposed for consideration on the May 16, 2024 Council Agenda.
5TH CYCLE PROGRAMS CARRIED FORWARD INTO THE
6TH CYCLE
• There are several programs that were established and processed during the 5th Cycle that were brought forward into the 6th Cycle Implementation Program, typically because the programs are either on-going in nature or simply have an extended timeline. A couple examples include:
• Program 12 – Develop a comprehensive brochure for ADU development to place on the Town’s website and make available at the front counter. This was completed and served as an initial touch- point for the development of the Residential Information Hub on the Town’s website. Furthermore, as the Town continues to work with ABAG, the County, and other regional organizations on the development of pre-approved ADU plans for the Town, the information for those will also be accessible here.
• Program 19 – Support Foothill College in the potential development of affordable student, faculty, and employee housing. The Town has been closely working with Foothill College since before the Housing Element was adopted. The Town supported the College in achieving a designation from ABAG as a Priority Housing Site. And just recently staff appeared before the Board of Trustees meeting to express the Town’s continued support for housing on College properties, as BAHFA had just announced that Foothill College had been awarded a technical assistance grant by the State to further the development of affordable housing on College properties.
PUBLIC COMMENTS RECEIVED
LEAGUE OF WOMEN VOTERS
• On May 14, 2024, the Town received a letter from the League of Women Voters of Los Altos-Mountain View Area. The letter from the League expressed support for the Town’s efforts to implement the Housing Element and promote the increased development of affordable housing to address the needs of the community.
• The League requested greater detail in the Town’s outreach to the large site owners referenced in Programs A-9 and A-11. In this case three sites were specifically identified for Program A-9 as “RHNA Sites”, including the Twin Oaks site west of I-280, St. Nicholas School, and Foothill College. The other large sites referenced in Program A-11 generally include sites greater than 10 acres in size throughout the Town. The “RHNA Site” owners were engaged first, as their sites are forming the template for the upcoming Multi-Family Zoning Designation, including Development Regulations and Objective Design Standards. As those take shape, staff will continue to engage with owners of other large sites to explore development opportunities on their respective properties. • The League also requested any preliminary results from the surveys associated with Programs A-7 and A-13. A-7 refers to the tracking and monitoring of the development of ADUs in general, and this info is included in the APR. As we improve our tracking tools and methods, we will likely report the info on at least a quarterly basis. A-13 refers to surveys on the intended use and occupancy of ADUs and SB 9 units. Those are provided to property owners at the time of final inspection on their development, and staff are currently assessing the best way to process, report, and publicize the data.
2024-2025 WORKPLAN, FISCAL IMPACTS,
CEQA
• The Annual Progress Report is a recurring annual effort to share progress on the Town’s Housing Element. While not specifically identified in the 2024-2025 Work Plan, this falls into the category of day-to-day activities within the Quality of Life/Community Character section of the 2024-2025 Workplan. • The activities associated with the preparation and implementation of these amendments fall within the realm of general daily duties of Town Staff. As such, there is no fiscal impact associated with the preparation of this report. • These actions are considered exempt from CEQA pursuant to CEQA Guidelines Section 15061(B)(3) and Section 15306, as the APR only pertains to basic data collection strictly for information gathering purposes and does not have any impacts or physical changes to the environment.
RECOMMENDATION
1. Receive Staff presentation
2. Direct Staff to transmit the 2023 Annual
Progress Report to the Department of Housing
and Community Development
ANY QUESTIONS?
NOTE – The Legislature has a new letter submission process that requires ALL LETTERS TO BE UPLOADED INTO A NEW ELECTRONIC PORTAL. The portal will automatically send letters to the author’s office and the committee(s) of jurisdiction. Please visit https://calegislation.lc.ca.gov/advocates/ to create an account and upload this letter.
In addition to submitting the letter through the portal, please send a physical copy to your Legislator(s), and continue to send a copy by email to your Regional Public Affairs Manager, and the League’s city letter account ([email protected]). ***CITY LETTERHEAD***
DATE
The Honorable Name of your Senator or Assemblymember
Member, California State Assembly Or Senate
1021 O St., Ste. Room Number
Sacramento, CA 95814
RE: SB 1037 (Wiener) Planning and zoning: housing element: enforcement Notice of Opposition (As of April 25, 2024)
Dear Member,
The City/Town of ________ regretfully must oppose measure SB 1037 (Wiener), which would allow the Attorney General to take legal action against a city and seek fines up to $50K a month for failure to adopt a compliant housing element or if the city does not follow state laws that require ministerial approval of certain housing projects.
Under existing law cities can be subject to significant fines and penalties for violating certain housing laws. However, before fines are imposed, a city has the ability to correct the action. Additionally, enhanced fines are not imposed unless the city fails to follow a court’s order or acts in bad faith.
Unfortunately, as currently drafted, SB 1037 does not provide an opportunity for cities to correct an honest mistake or address a genuine difference in interpreting the law. Even those jurisdictions acting in good faith could be subject to significant fines and be required to pay the Attorney General for all costs investigating and prosecuting the action, including expert witness fees and attorney’s fees.
PLEASE CITE SPECIFIC REASONS OF WHY YOUR CITY OPPOSES THIS BILL.
The City/Town of ________ Instead of creating new fines and penalties, lawmakers and the Department of Housing and Community Development should provide cities with clear guidance and technical assistance to help them finalize their housing elements and put those plans to work so much-needed housing construction can occur.
For these reasons, the City/Town of ________ must oppose SB 1037. If you have any questions, do not hesitate to contact me at [email] and [phone number].
Sincerely,
NAME
TITLE
ORGANIZATION
ITEM 13A
Cc: The Honorable Scott Wiener
Your League Regional Public Affairs Manager (via email) League of California Cities, [email protected]
NOTE – The Legislature has a new letter submission process that requires ALL LETTERS TO BE UPLOADED INTO A NEW ELECTRONIC PORTAL. The portal will automatically send letters to the author’s office and the committee(s) of jurisdiction. Please visit https://calegislation.lc.ca.gov/advocates/ to create an account and upload this letter.
In addition to submitting the letter through the portal, please send a physical copy to your Legislator(s), and continue to send a copy by email to your Regional Public Affairs Manager, and the League’s city letter account ([email protected]). ***CITY LETTERHEAD***
DATE
The Honorable Name of your Senator or Assemblymember
Member, California State Assembly Or Senate
1021 O St., Ste. Room Number
Sacramento, CA 95814
RE: AB 1886 (Alvarez) Housing Element Law: Substantial Compliance Notice of Opposition (As of April 1, 2024)
Dear Member,
The City/Town of ________ regretfully must oppose measure AB 1886 (Alvarez), because it turns its back to a fundamental provision of housing element law: A city may disagree with HCD; explain why its housing element is in substantial compliance with the law; and then adopt that housing element which is thereafter considered “in substantial compliance with housing element law.”
For decades, cities have worked with HCD to draft housing plans that accommodate their fair share of housing at all income levels. These extensive and complex plans can take years to develop, include public involvement and engagement, and environmental review. Cities go to great lengths to ensure that their housing element substantially complies with the law, even if HCD disagrees. Current law acknowledges this fact by allowing cities to “self-certify” their housing element or take the issue to court and have a judge make the final determination of substantial compliance.
AB 1886 encourages “builder’s remedy” projects by eliminating self-certification for the purpose of what it means to have a housing element “in substantial compliance with the law.” The “builder’s remedy” allows a developer to choose any site other than a site that is identified for very low-, low-, or moderate-income housing, and construct a project that is inconsistent with both the city’s general plan and zoning. AB 1886 facilitates such projects for those cities that have a good faith disagreement based in substantial evidence.
PLEASE CITE SPECIFIC REASONS OF WHY YOUR CITY OPPOSES THIS BILL.
PLEASE DESCRIBE ANY DIFFICULTIES YOUR JURISDICTION HAD IN GETTING YOUR HOUSING ELEMENTS APPROVED BY HCD.(e.g., it took us x number of years to get into compliance after statutory deadline, unclear guidance from HCD for improvements, no clarity on how to comply, staff turnover, and conflicting corrections by reviewer etc.) ITEM 13B
The City/Town of ________ believes that AB 1886 is counterproductive. What is really needed is for HCD to partner with cities to provide meaningful direction that helps them finalize their housing elements and put those plans to work so that much needed housing construction can occur. For these reasons, the City/Town of ________ must oppose AB 1886 (Alvarez). If you have any questions, do not hesitate to contact me at [email] and [phone number].
Sincerely,
NAME
TITLE
ORGANIZATION
Cc: The Honorable David A. Alvarez
Your League Regional Public Affairs Manager (via email) League of California Cities, [email protected]