DATE:
April 11, 2023
CATEGORY:
Public Hearing
DEPT.:
Community Development
TITLE: 2023-2031 Housing Element Adoption
RECOMMENDATION
1. Consider the 2023 -2031 Housing Element Update Environmental Impact Report (certified and adopted by Resolution No. 18755).
2. Adopt a Resolution of the City Council of the City of Mountain View Amending the General Plan to Update the Housing Element of the General Plan for the Period of 2023 -2031 in Substantial Compliance with State Housing Element Law (Attachment 1 to the Council report).
BACKGROUND
2023-31 Housing Element Project Overview
The City is in the final stage of its Sixth Cycle Housing Element update, which covers the eight - year planning period of 2023 to 2031. The Housing Element is one of seven State -mandated General Plan elements and is the only General Plan element subject to mandatory review by a State agency (Department of Housing and Community Development (HCD)). The purpose of the Housing Element is to analyze the housing needs of a community’s current and future residents across various income categories; create, update, and guide housing policy in the City ; and identify locations to accommodate the City’s Regional Housing Needs Allocation (RHNA).
State law also mandates that Housing Elements include the following components:
• Housing needs to evaluate the existing, projected, and special housing needs, such as planning for new housing units and specific policies and programs to serve special -needs populations.
• Site inventory and analysis to identify the number of adequate housing sites w ith appropriate zoning and development standards and access to services and facilities to
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facilitate and encourage the development of a variety of housing across income categories and to satisfy the RHNA1 of 11,135 units across various income levels.
• Barriers to address housing needs/constraints analysis to evaluate market/ nongovernmental, governmental, infrastructure, and environmental factors that may constrain the development of housing.
• Program requirements to review the existing 2015 -2023 Housi ng Element, including recommendations for the addition, continuation, modification, and/or removal of objectives, policies, and programs to meet City housing goals and State requirements.
• Affirmatively Furthering Fair Housing (AFFH) to address any discrimination and segregation patterns or trends in housing.
• Environmental justice to reduce health risks and address the needs of disadvantaged communities who may be subject to greater exposure to environmental contamination or risk.
Overview of RHNA
RHNA is the number of additional dwelling units that cities must plan for over the next eight - years of the Sixth Housing Element Cycle and is one of the major components of the Housing Element. RHNA is divided into four income categories: Very Low, Low, Moderate, and Above Moderate. Each category is based on a percentage of the Area Median Income (AMI) of the County as established annually by the HCD and adjusted by household size. The City’s RHNA is 11,135 units , which is a substantial increase in the number of units from the Fifth Cycle of 2,926 (refer to Table 1, City of Mountain View Sixth Cycle RHNA). This reflects the trend and focus on increasing housing units Statewide.
1 The Regional Housing Needs Allocation (RHNA) is the number of dwelling units jurisdictions must plan for over the next eight years. HCD provides regional planning agencies the regional housing need allocations, and the regional agency in turn assigns the RHNA for local jurisdictions. For the nine-county Bay Area region , the Association of Bay Area Governments (ABAG) received the determination of 441,176 units. Find HCD’s Final Regional Housing Need Determination letter here: https://hcd.ca.gov/ community-development/housing-element/docs/abagrhna- final060920(r).pdf and ABAG’s Final Regional Housing Needs Allocation (RHNA) Methodology and Draft Allocations here: https://abag.ca.gov/sites/default/files/documents/2021-05/ABAG_2023-2031_Draft_ RHNA_Plan.pdf. 2023-2031 Housing Element Adoption
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Table 1: City of Mountain View Sixth Cycle RHNA
Income Group Area Median
Income % Units
Very Low 0-50% 2,773
Low 51-80% 1,597
Moderate 81-120% 1,885
Above Moderate 120%+ 4,880
TOTAL 11,135
Overview of Housing Policy in Mountain View
The Housing Element update is the culmination of almost two years of direct work, but it also benefits from eight years of City actions promoting housing generally and affordable housing specifically. These actions include rezoning actions that have incre ased the City’s housing capacity by over 60%, policies such as the East Whisman Jobs-Housing Linkage policy that create additional incentives for housing, and partnerships with and funding for affordable housing developers to provide housing in the City. As a result, Mountain View starts the Sixth Cycle with a significant housing pipeline, including a commitment by major property owners to implement the housing -rich vision for large swaths of the City. Because the land uses and regulatory standards that p romote housing development are already in place, Mountain View will create these units faster than if the City had waited until the start of the Sixth Cycle to begin rezoning sites. Moreover, most of the planned units and potential development sites benef it from comprehensive Precise Plans that support the sustainability, mobility, and open space goals of the City.
Overview of Public Input on the Housing Element Update
The Housing Element Update project started in early 2021, and public outreach and comm unity engagement were critical components to the development and refinement of the Update. In 2021, the community engagement efforts began with publicizing and marketing the Housing Element Update process and collecting data and initial comments, including:
• Creating a project -specific educational webpage ( MVHousingElement.org) with video content, educational resources, and notification sign-ups;
• Posting flyers in Spanish, Chinese, and English at City locations and along Castro Street and promoting events and input opportunities on social media, in the Mountain View Voice, and City publications, such as City Hall Connection and The View;
• Hosting stakeholder interviews with business leaders, community leaders, and service providers;
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• Hosting two virtual community workshops;
• Tabling at local events , such as farmers’ markets , Monster Bash, and the Tree Lighting Ceremony;
• Creating an online community input survey and receiving comments from more than 300 respondents (see results here);
• Meeting with individual community groups, including, but not limited to, Cafecito, District English Language Advisory Committee (DELAC), Business Issues & Public Policy (BIPP) Committee, Fondo de Solidaridad, Livable MV, MV YIMBY, residents in the Blossom Valley area, SV@Home, Mountain View Coalition for Sustainable Planning, Greenspaces MV, Mountain View Tenants Coalition, and Reach Potential Movement, to present the Housing Element Update process and receive comments; and
• Presenting and receiving public comments and policy direction at Environmental Planning Commission (EPC) and City Council Study Sessions (see City Council Study Session materials for November 16, 2021 and March 8, 2022.
May 2022 and July 2022 Draft Housing Element—Public Comments and HCD Review
After collecting initial data and comments, the First Draft Housing Element was published on May 9, 2022 for public review through Jun e 14, 2022. The document was available in English with the Housing Plan chapter available in Spanish and Chinese. Written public comments were received prior to the EPC and City Council Study Sessions, and oral comments were provided at the hearings (see City Council Study Session materials for June 14, 2022).
Staff revised the May Draft to incorporate City Council direction received during this time (including program refinements, back -pocket sites, and other site inventory changes). The revised draft (July Draft) was submitted to HCD on July 1, 2022 for their first formal 90-day review.
During this time, the City and HCD received public comments on the latest draft , and City staff continued to meet with various groups to discuss the draft. HCD provided comments to the City on September 29 covering a range of topics, including on the site inventory analysis, programs addressing AFFH issues, programs to address government constraints, and adding details and specific metrics to programs.
November 2022 Draft—Comments and Revisions
Staff revised the Housing Element to respond to HCD’s first review comments and submitted the Second Draft Housing Element to the HCD on November 18, 2022 . During the 60 -day review period, staff met with HCD several times, held a City Council Study Session, and acc epted public 2023-2031 Housing Element Adoption
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comments throughout. Staff made changes to the November Draft based on HCD’s preliminary comments and City Council direction, made the revised December Draft available to the public on December 22, 2022, and submitted to HCD on January 4, 202 3, within the 60 -day review period. This essentially created two rounds of review within one HCD comment period. The following is an overview of those comments. For an in -depth discussion of these changes, see the January 4, 2023 EPC Staff Report.
HCD Comments in December
On December 12, 2022, staff met with HCD reviewers to discuss their review of the Second Draft.
Comments from that meeting included the following:
1. Clarify the Gatekeeper process and how findings for landscaping requirements are evaluated.
2. Specify the type of housing each special housing -needs population requires and which programs address the needs.
3. Add deliverables or metrics on specific programs, including how:
• Reasonable accommodations findings will be amended;
• The City will support emergency rental programs;
• Program 3.2, Displacement Prevention and Mitigation, intersects with other programs; and
• The City will encourage more developers’ engagement with the community.
City Council Study Session in December 2022
On December 13, 2022, the City Council reviewed the Second Draft Housing Element. Eleven (11) speakers spoke during the meeting, and five written items of correspondence were received (see correspondence for the December 13, 2022 meeting).
Council provided the following direction:
1. Include a program to eliminate parking requirements for 100% affordable housing.
2. Reduce the number of total projected units inc luded in the Sites Inventory for the 1500 North Shoreline Boulevard property by a reasonable number to reflect what could be expected to be built within the eight-year Housing Element period. 2023-2031 Housing Element Adoption
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3. Consider including City -owned property to the extent it is s uitable for residential use and does not have other limitations or obligations, such as leases, etc., if HCD determines that the proposed Sites Inventory does not meet AFFH requirements.
Additionally, Council was interested in preserving retail uses in ba ck-pocket “neighborhood shopping centers” (that are not village centers but listed in the General Plan).2
December Draft—HCD Comments
On January 4, 2023, staff met with HCD, and additional comments surfaced. HCD completed their formal review of the Second Draft and provided the City with written comments on January 17, 2023 (Attachment 2). The comment letter stated that the revised draft addresses most statutory requirements and provided a few remaining comments:
1. Sites Inventory:
• Recategorize Pipeline Projects without any preliminary/formal application as Opportunity Sites.
• Provide a Nonvacant Site Analysis demonstrating that existing uses are not an impediment to residential development on sites that were recategorized from Pipeline Projects to Opportunity Sites.
2. AFFH:
• After recategorization, reevaluate Sites Inventory to ensure inventory meets AFFH goals.
• Address the impacts on disproportionate housing needs, specifically related to recreational vehicle (RV) dwellers on 87 East Evelyn Avenue when the project site is redeveloped.
— Add metrics to further fair housing (e.g., add metric to Program 1.4).
2 These neighborhood shopping centers were identified as areas that could be rezoned to meet any shortfall during the Regional Housi ng Needs Assessment (RHNA) period under Program 1.11, No Net Loss of Housing Element Sites. However, the most recent changes to the document incorporated the back -pocket sites into the Sites Inventory and, thus, the reference to “back -pocket” sites has be en removed from this program. See the section entitled “March Draft.”
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3. Public Participation:
• Include all segments of the community, particularly members of the community with limited English proficiency.
Responses to these comments are provided later in this report (see Exhibit B of Attachment 1 to this Council report ), and public outreach received in this later phase of the project and the feedback received in early 2023 and how it was integrated into the March Housing Element is shown in Attachment 3.
March Draft—Public Comments and EPC Recommendation
The Housing Ele ment attached to this Council report was published on March 8 3 and includes changes since December 2022 (see Attachment 1). In the time between publication and the EPC recommendation hearing, staff received public comments on the Draft and proposed additional edits that were presented to the EPC (see section below entitled “Modifications to the March 8, 2023 Draft and EPC Recommendation”).
On March 15, 2023, the EPC reviewed the March Housing Element along with the additional edits described above. There were eight public speakers during the meeting, and 16 written items of correspondence were received (see Attachment 4). The following summarize the written correspondence along with a staff response in italics.
• Several of the letters were in support of the latest Housing Element and specifically acknowledged the outreach and engagement efforts and the responsiveness of modifications to previous drafts.
• Two letters requested revising the objective to specify Mobile Home Rent Stabilization Ordinance (MHRSO) amendments would lower allowable rent increases to a 3% cap and to move the action from 2027 to 2023. See the section below entitled “Modifications to the March 8, 2023 Draft and EPC Recommendation ” for information on how this was included in the document.
• One letter requested dedicating $10 million to acquire and/or preserve five buildings or 50 units of affordable housing through community land trusts . See the section below entitled “Modifications to the March 8, 2023 Draft and EPC Recommendation ” for information on how this was included in the document.
3 The March 2023 Draft Housing Element was first published on March 6; however, one page of the Sites Inventory Table (Table A) was not included in the PDF. The printing error was corrected, the document was replaced on the website, and email subscribers we re notified of the change on March 8. The version attached to this Council report reflects the correction.
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• One letter requested a requirement for unbundled parking and VTA Smart passes as part of the City’s Transit Demand Management (TDM) Ordinance. The TDM Ordinance is under way and can include these.
• An email expressed concerns about the rezoning at 121 East El Camino Real . This action was finalized in January.
• An email described inaccuracies in the school data presented in the Housing Element. Our consultants reviewed the email and determined that the comments did not substantively change the findings.
• A letter described the alleged inadequacy of substantial evidence required for nonvacant site analysis. Staff is consulting with HCD and will provide an update on this analysis at the hearing.
• A r equest for dedicated affordable housing staff in all City departments involved in the development review process. This is possible under the existing language, though it may result in overall inefficiencies in the development review process. Staff recommends further development of Matrix Study provisions prior to this commitment.
• An email describ ed the importance of early engagement between developers and the neighborhood and integrating the natural environment into housing developments.
Engagement between developers and neighborhoods is included in Program 4.7. Additional requests are noted, though they may reduce the effectiveness of the Housing Element at reducing constraints on new residential development.
The eight speakers provided the following comments:
• Two speakers were in support for more housing production and the need for more worker protections. These were general comments and largely consistent with existing Housing Element content.
• Two speakers were in support for stronger mobile home protections through amendments to the MHRSO, such as specifics on the annual general adjustment . See the section below entitled “Modifications to the March 8, 2023 Draft and EPC Recommendation ” for information on how this was included in the document.
• One speaker was in support for dedicated staff in all City departments for reviewing affordable housing developments . This is possible under the existing langu age, though it may result in overall inefficiencies in the development review process. Staff recommends further development of Matrix Study provisions prior to this commitment. 2023-2031 Housing Element Adoption
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• One speaker had concerns with the latest revisions that include expanding parking reductions beyond 100% affordable housing development projects, reductions in Park Land In-Lieu fees, and inclusion of back -pocket sites. These concerns are noted and provide an opposing vi ewpoint to other comments received during the Housing Element process.
However, these comments would reduce the effectiveness of the Housing Element at reducing constraints on new residential development.
• One speaker was in support of including back-pocket sites and the addition of programs to further fair housing production throughout the City.
• One speaker was in support of moving the timeline for community ownership models earlier in the cycle. See the section below entitled “Modifications to the March 8, 2023 Draft and EPC Recommendation” for information on how this was included in the document.
The EPC recommended approval of the Housing Element, including changes to the document since publication, and made a few minor modifications. All revisions after the March 8 publication are discussed further in this Council report under the Modifications to the March 8, 2023 Draft and EPC Recommendation section and are reflected in Exhibit E of Attachment 1.
March Draft—HCD Informal Comments
On March 17, the City provided the latest draft Housing Element and an overview of the EPC’s recommendations to HCD for their informal comments. As of April 3, they have provided the following preliminary comments:
• 630 San Antonio Road (the previous location for Sprouts) should be considered a major shopping center. In the Sites Inventory, other major shopping centers had reduced expectations for redevelopment resulting in a 80% reduction in capacity. By applying this discount, the inventory is reduced by 120 lower -income and 16 -moderate-income units.
This reduces the buffers to 22% and 17%, respectively.
• If necessary, the City could count new pipeline projects, which would add at least 177 lower-income units and reduce the moderate-income units by 100.
• Other sites may also be reduced and/or modified. Staff currently estimates the buffers to be between 20% and 25% for lower-income units and between 11% and 18% for moderate- income units.
Any additional updates from HCD will be presented at the meeting.
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Recommended Adoption Schedule
The deadline for Bay Area cities to have a compliant and adopted Housing Element was January 31, 2023. However, only a handful of the Bay Area’s 109 local jurisdictions have an adopted and HCD -certified Housing Element. For jurisdictions that have missed the deadline , consequences include, but are not limited to , loss of eligibility for applying for housing and transportation grants, and limited ability to deny certain residential projects that provide 20% low-income units or 100% moderate-income units even if it is noncompliant with the General Plan Land Use Designation or zoning requirements and standards (called the “Builder’s Remedy”).
Staff is recommending that the City Council take action on the Housing Element without receiving advance HCD certification that the Housing Element is in substantial compliance with State Housing Law. There are several reasons for this:
• The City has made revisions to the Housing Element in direct response to HCD written comments and discussed the revisions with HCD, and the proposed resolution (Attachment 1) includes findings explaining why the City believes t he Housing Element is legally adequate as provided under Government Code Section 65585(f)(2);
• HCD has advised City staff that remaining comments are minimal in scope and should not require another draft review;
• Another round of review could take an a dditional two to three months, depriving the City access to key funding opportunities and extending the period the City may be subject to the “Builder’s Remedy”; and
• Staff is recommending Council adopt a clause in the resolution allowing staff to make certain limited changes to the Housing Element to comply with HCD certification direction, including changes related to nonvacant sites in the Sites Inventory (included in Attachment 1).
ANALYSIS
March Draft (Changes Since the December Draft)
The latest draft of the Housing Element was published on March 8 and reflects the changes made in response to HCD’s second review comments and public input received since January 4, 2023.
A clean copy of the latest draft is attached as Exhibit D to the draft resolution (Attachment 1) to this Council report. In addition, a version with redlines from the December version is also attached as Attachment 5. For a version with redlines between the November draft (the latest draft reviewed by the City Council) and December drafts, see the January 4, 2023 EPC agenda. 2023-2031 Housing Element Adoption
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Attachment 4 includes public comment received since December 13, 2023, to which the following sections respond.
Sites Inventory Changes
The following are key changes to the Sites Inven tory. Refer to Table 2, Sites Inventory, for information about how the Sites Inventory complies with the RHNA.
HCD Comment: Recategorize sites from
“pipeline” to “opportunity sites” if
applications showing actual building plans
have not been submitted or a Request for
Proposals (RFP)/Request for Qualifications
(RFQ) has not been issued by the City.
• In the previous draft, “pipeline” sites
were those with owner commitment to
affordable housing, including master
plans, ownership by affordable housing
developers, and sites dedicated to the
City for affordable housing, even if no
application with building plans had been
submitted. These sites were removed
from the “pipeline” and added to the
“opportunity sites.”
• The calculation of vacant and nonvacant
sites was changed since “pipeline” sites
are allowed to count as vacant. This
affected the “nonvacant sites analysis”
(see next section).
Public Comment (MV YIMBY): Rezone all
“back-pocket” areas.
A program to rezone the “back-pocket” areas
was added, and any site meeting
redevelopment opportunity site criteria was
added to the inventory.
Project Update: The 355-401 East
Middlefield Road project is currently on
hold since staff discovered a potential
significant environmental impact to
historical resources affecting one of the
sites.
The project and the site affected by the
historical resource finding were removed
from the inventory. The remaining site was
added back to the inventory as an
opportunity site.
Public Comment (property owner): The
City received interest in inclusion at
2105 Old Middlefield Way, a site that was
rezoned in January.
This site was added to the inventory.
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Table 2: Sites Inventory4
Low-Income
Units
Moderate-
Income Units
Above
Moderate-
Income Units
Total Unit
Capacity
Sixth-Cycle RHNA 4,370 1,885 4,880 11,135
Pipeline Projects
Approved/Under
Construction 533 248 2,984 3,765
Proposed Projects 668-945 26 1,327-2,435 2,021-3,406
Subtotal 1,201-1,478 274 4,311-5,419 5,786-7,171
Opportunity Sites
Developable Sites 3,638-4,100 1,747-1,873 3,712-4,512 9,097-10,485 ADUs 146 73 24 243
Subtotal 3,784-4,246 1,820-1,946 3,736-4,536 9,340-10,728 Total Unit Capacity 5,262-5,447 2,094-2,220 8,847-9,155 16,511-16,514 Surplus from RHNA 892-1,077 209-335 3,967-4,275 5,376-5,379 Buffer 20%-25% 11%-18% 81%-88% 48%
Substantial Evidence for Nonvacant Analysis
Under Housing Element law, if a city relies on nonvacant sites to accommodate 50% or more of its RHNA for lower-income households, the Housing Element must provide evidence to show that the current use is likely to be discontinued and would not impede residential development. In addition, the City Council must adopt written findings of the same based on this evidence.
Pages 307 to 317 of the redlined draft Housing Element ( Attachment 5) describe the nonvacant sites analysis. In addition, the Sites Inventory, Table A on Pages 361 to 367 of the redlined draft apply that description to individual sites. Lastly, the draft resolution i ncludes the required findings.
The evidence can be comprised of several factors but typically fall into three categories: market and development trends, site -specific characteristics, and City commitment to programs and actions to facilitate and spur development on particular sites.
• Market and Development Trends : Many of the opportunity sites have similar characteristics to precedent projects that have been redeveloped in the last several years.
4 This table shows the tentative range of potential unit capacity based on sites that may be modified, added , or removed in discussion with HCD, inc luding the potential addition of newly submitted applications . More information will be provided at the hearing.
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These characteristics include having older buildings wi th low floor area ratio (FAR), lower - valued uses such as retail and outdated industrial, and/or some or high tenant vacancy.
• Site-Specific Characteristics: Some opportunity sites are also owned by property owners who have stated interest in redevelopment, including submittal of master plans with residential development early in their development phasing.
• City Commitment to Programs: Some opportunity sites will involve City actions to develop with affordable housing, including sites dedica ted to comply with Below -Market-Rate (BMR) requirements.
Program Changes
Since January 4, staff has reached out to key community groups that have expressed ongoing concerns during the process, including the Mountain View Tenants Coalition, MV YIMBY, Reach Potential Movement/Cafecito, and Livable MV. Substantial changes to the programs have been made based on these discussions. The changes below reflect the outcomes of these discussions as well as comments from the January HCD letter and are captured in the March version (Exhibit D of Attachment 1). The first column of each table reflects the public input or HCD direction, while the second column reflects action taken in the latest March draft. Other changes proposed to the programs are minor and intend ed to facilitate clarity and implementation. 5 Please see Attachment 5 for a redlined version of the latest Housing Element , with additional changes in Attachment 1, Exhibit E.
Since the latest Housing Element draft was released on March 8, staff has con tinued to engage community groups and is recommending additional revisions to the March Draft Housing Element. This is discussed later in this Council report. Staff has added a note (“Note changes under Additional Comments and Staff Recommended Edits sec tion below”) where additional changes are being recommended.
5 The most significant of these involves utilizing a Countywide approach to promoting Accessory Dwelling Units in Program 1.7.
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PUBLIC COMMENT
January and February
DRAFT HOUSING ELEMENT
March 2023
1.1 Zoning Ordinance Update for Consistency with State Laws Public Comment (MV YIMBY):
• Include back-pocket sites.
• Added rezonings to areas along Leong Drive,
Fairchild Drive, Miramonte Avenue, Cuesta
Drive, Moffett Boulevard, and Mountain View
Transit Center, and removed the “back-
pocket” discussion from Program 1.11.
• Some neighborhood shopping centers (Bailey
Park on Shoreline Boulevard/Montecito
Avenue and Monta Loma on Middlefield
Road/Rengstorff Avenue) were not included
since they do not further AFFH goals or
provide viable development opportunity sites.
• Added language about neighborhood
commercial preservation standards for select
sites to comply with Council direction to
preserve retail in neighborhood commercial
shopping areas.
1.2 Eliminate Minimum Parking Standards for Residential in Transit-Oriented Precise Plans, Affordable Housing Developments, and Other Cases Public Comment (MV YIMBY and
Chamber of Commerce):
• Eliminate parking minimums
for all housing developments.
• Reduce parking requirements.
• Included exemptions to vehicular parking
standards for residential developments in El
Camino Real, San Antonio, Downtown, and
East Whisman Precise Plans, and Moffett
Boulevard General Plan Change Area. These
are key transit-oriented areas where reduced
parking may facilitate the City’s transportation
goals.
• Moved up the time frame for Zoning
Ordinance updates to December 2024.
• Included exemptions to vehicular parking
standards for projects (outside of the Precise
Plan areas mentioned above) that meet
enhanced transportation demand
management (TDM) measures with a
completion date of December 2026.
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PUBLIC COMMENT
January and February
DRAFT HOUSING ELEMENT
March 2023
1.3 Review and Update Ordinance and Precise Plan Residential Standards Public Comment (MV YIMBY and
Chamber of Commerce):
• Ensure development projects
can meet their allowed
densities and are economically
feasible.
• Move the time frame earlier to
2024.
• Eliminate and replace the
Gatekeeper process with an
“early consideration” process
(new proposed program).
• Rezone R2 areas for up to
10 units in high-opportunity
areas south of El Camino Real
(proposed in Program 2.6).
• Revise Gatekeeper process by
allowing projects to go straight
to staff.
• Revise how FAR is calculated.
• Added language clarifying that economic
feasibility and cumulative effects of standards
will be evaluated with the goal of reducing
constraints.
• Added action item to identify projects exempt
from Gatekeeper process and commit to
holding one Gatekeeper meeting annually.
• Included a review of R2-zoned sites for added
residential capacity, either through R3 or
through allowance of up to four units. Focus
higher density increases in high-opportunity
areas.
• Moved up the time frame for Zoning
Ordinance updates to December 2025.
Note changes under the Modifications to the
March 8, 2023 Draft and EPC Recommendation
section below.
1.4 Religious and Community Assembly Sites or Housing
HCD Comment:
• Add concrete objectives and
metrics to further fair housing
in higher resource areas.
Public Comment (MV YIMBY and
League of Women Voters):
• Increase density from 30 to
40 dwelling units per acre
(du/ac) to a density consistent
with recent affordable
developments (60 du/ac, to
achieve 100 du/ac with State
Density Bonus).
• Added objective of 65 units proposed on
religious/institutional sites south of El Camino
Real with a time frame of 2027, with
additional actions for policy change if
objective is not met.
• Included a density analysis as part of the
outreach to property owners and affordable
housing developers to determine viable
affordable housing density on
religious/institutional sites with a time frame
of December 2024.
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PUBLIC COMMENT
January and February
DRAFT HOUSING ELEMENT
March 2023
1.8 Park Land Ordinance Update
Public Comment (MV YIMBY and
Chamber of Commerce):
• Recalibrate park in-lieu fees
based on Citywide land
valuation.
• Review cumulative impact of all
City-imposed fees and ensure
new fees do not constitute a
constraint on development.
• Limit overall fees to less than
100% area median income
(AMI) for a family of two
(currently $134,800).6
• Increase predictability and
reduce per-unit cost of fee.
• Included a nexus study to find opportunities
for lowering residential park in-lieu fees with a
time frame of December 2025.
• Upon adoption of reduced fees, reevaluate
the cumulative impact of all residential fees.
Note changes under the Modifications to the
March 8, 2023 Draft and EPC Recommendation
section below.
2.1 Subsidize and Support Affordable Housing Programs
Public Comment (Reach Potential
Movement/Cafecito):
• Reevaluate aspects of the
affordable housing program,
including usage of the area
median income guideline which
has outpriced households most
in need.
• Included language about barriers to accessing
housing, including the calculation of
prices/rents based on AMI and targeting
extremely low-income populations.
2.4 Inclusive and Equitable Affordable Housing Application Processes Public Comment (Reach Potential
Movement/Cafecito):
• Support for improving access to
affordable units, such as
eliminating requests for social
security numbers for affordable
housing rental assistance.
• Clarified language to increase outreach and
technical assistance to facilitate access to
affordable housing.
• Added detail on removing barriers to
application process.
6 It is difficult to determine whether this is less than current fees since fee payment by individual developments can vary widely due to factors such as park land provision, BMR unit provision, time and complexity of project review, and other factors. If no BMR is provided as fees and 100% of park land is provided as fees, the total is approximately $110,000 per unit, two-thirds of which is the park land fee. 2023-2031 Housing Element Adoption
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PUBLIC COMMENT
January and February
DRAFT HOUSING ELEMENT
March 2023
2.5 Mediation and Fair Housing Programs
Public Comment (Reach Potential
Movement/Cafecito and Tenants
Coalition):
• Uncertainty about housing laws
and concerns about landlord
retaliation if issues are
reported.
• Added clarifying language on objectives to
address landlord retaliation.
2.6 Affirmatively Further Fair Housing
Public Comment (MV YIMBY):
• Entitle at least 100 units of
affordable housing or Senate
Bill (SB) 9 Dual Urban
Opportunities (DUOs) south of
the El Camino Real Precise Plan
by 2027.
• Build at least 262 units in each
Mountain View Whisman
School District (MVWSD)
school’s enrollment boundary
by 2027 and 524 units in each
boundary by 2031.
• If the above bullets are not met
by 2027, rezone sites or adopt
other policies intended to meet
them by 2031, such as SB 10
rezonings.7
• Develop two City-owned
properties with affordable
housing, either downtown or
south of El Camino Real.
• Rezone Moffett Boulevard and
Transit Center.
• (In Program 1.11) Separately account for “no
net loss” of lower-income capacity in areas
south of El Camino Real and near downtown,
ensuring that new market-rate and
nonresidential development do not reduce
the availability of land for lower-income units
in these areas.
• (In Program 1.4) 65 units of affordable
housing on church sites south of El Camino
Real (see description above).
• (In Program 4.5) 65 units of affordable
housing on City-owned sites downtown (see
description below).
• (In Program 1.1) Moffett Boulevard and the
Transit Center are previous “back-pocket”
areas proposed for rezoning (see description
above).
Note changes under the Modifications to the
March 8, 2023 Draft and EPC Recommendation
section below.
7 Under SB 10, a California Environmental Quality Act (CEQA) streamlining measure, rezoning for increased densities up to 10 units per parcel is exempt from environmental review. 2023-2031 Housing Element Adoption
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PUBLIC COMMENT
January and February
DRAFT HOUSING ELEMENT
March 2023
3.1 Homelessness Prevention and Services for the Unhoused Public Comment (Reach Potential
Movement/Cafecito):
• Provide support for women and
children, such as 24/7 shelter
solutions, including domestic
violence beds for women and
children.
• New and expanded partnerships to address
populations at risk of homelessness, such as
domestic violence victims.
3.2 Displacement Prevention and Mitigation
Public Comment (League of
Women Voters, Tenants Coalition,
Reach Potential Movement/
Cafecito, and Mobile Home
Alliance):
• Increase and measure
effectiveness of outreach and
programs to renters and ethnic
minorities.
• Include local replacement
requirements.
• Major concerns about rent
increases for mobile home
owners and tenants.
• Provide additional funding and
support services for households
experiencing eviction.
• Added objective to evaluate the efficacy of
the Tenant Relocation Assistance Ordinance
(TRAO).
• Included language about Council evaluation
of local replacement requirements.
• Added objective to study amendments to the
Mobile Home Rent Stabilization Ordinance
(MHRSO) that reduce annual allowable rent
increases.
Note changes under the Modifications to the
March 8, 2023 Draft and EPC Recommendation
section below.
2023-2031 Housing Element Adoption
April 11, 2023
PUBLIC COMMENT
January and February
DRAFT HOUSING ELEMENT
March 2023
4.1 Development Streamlining and Processing Revisions
Public Comment (MV YIMBY,
League of Women Voters, and
Chamber of Commerce):
• Provide ministerial approval
process for code-compliant
projects and/or Bonus FAR
projects (proposed in Program
1.3)
• Implement all high-priority
recommendations from the
Development Review
Assessment (“Matrix Study”).
• Commit to specific Matrix
Study process improvements,
including coordination, design
review, slow start to CEQA, etc.
• Added action to identify thresholds for multi-
family projects that can be eligible for
ministerial approvals.
• Added action to streamline review of
compliant projects in Precise Plans so that
they can be approved at the Zoning
Administrator level.
• Added key Matrix Study recommendations.
2023-2031 Housing Element Adoption
April 11, 2023
PUBLIC COMMENT
January and February
DRAFT HOUSING ELEMENT
March 2023
4.5 Partnerships with Affordable Housing Developers
HCD Comment:
• Add actions to facilitate
development of Opportunity
Sites and provide information
on existing RV tenants (i.e.,
87 East Evelyn Avenue).
Council Comment:
• If HCD determines that the
proposed Sites Inventory does
not meet AFFH requirements,
consider including City-owned
property (to the extent it is
suitable for residential use and
does not have other limitations
or obligations such as leases,
etc.).
Public Comment (MV YIMBY and
Reach Potential Movement/
Cafecito):
• Develop City-owned lots
downtown with affordable
housing (proposed in Program
2.6).
• Ensure affordable housing
developments provide practical
amenities (like child care).
• Added more detail on City partnerships with
affordable housing developers for specific
sites so they can be used in the Sites
Inventory.
• Added details on support for existing RV
dwellers at 87 East Evelyn Avenue once the
site is redeveloped.
• Added metric for 65 additional affordable
units in downtown. If not met by 2027, the
City will issue an RFP for a City-owned site for
at least this many units.
• Added objective to create a priority list of
amenities that should be on-site or nearby
affordable housing developments, including
child care.
4.7 Neighborhood Engagement
Public Comment (Tenants
Coalition):
• Provide translated documents,
present to community groups,
and provide opportunity to
hear community input.
• Provide community meetings in
native languages.
• Added details about tenant relocation efforts
and additional translation and interpretation
services.
2023-2031 Housing Element Adoption
April 11, 2023
Assembly Bill 2339—Emergency Shelters
Last year, the State adopted Assembly Bill (AB) 2339, a bill that seeks to facilitate the development of emergency shelters throughout the State. It includes several key components:
• Cities must identify zoning districts where emergency shelters are allowed withou t a conditional use permit or other discretionary permit and subject only to specific objective standards.
• Housing Elements must identify sites in these zoning districts for emergency shelters. The demand for such sites is based on the number of unhous ed in the City as well as the City’s pipeline of permanent supportive housing and rapid rehousing units.
The required analysis is shown on Pages 370 to 371 of the redlined draft Housing Element. In summary, the City’s need for emergency shelter land is o nly 6,400 square feet. The Housing Element identifies 860 Bay Street, a 10,900 square feet vacant site in the El Camino Real Precise Plan, as a potential site to accommodate a shelter. The site is near many goods, services, and key bus routes. This site is not used in the housing inventory and will not impact the RHNA Sites Inventory.
To ensure compliance with AB 2339, Program 1.1 commits the City to amending the El Camino Real Precise Plan to allow emergency shelters and define objective standards.
HCD has advised staff that if they adopt the Housing Element before resubmitting to HCD for review, compliance with AB 2339 is not required. Therefore, this section, as well as the language in Program 1.1, is optional. However, staff recommen ds its inclusion in case unforeseen events preclude the City’s adoption of the Housing Element before the next HCD review and to better prepare the City for future Housing Element cycles.
Modifications to the March 8, 2023 Draft and EPC Recommendation
Since the publication of the latest Housing Element (March), there have been multiple additional changes to the document in response to public comment, the EPC recommendation, and nonsubstantive staff clarifications. These changes are included in Attachment 1, Exhibit E. This section of the report summarizes the key changes found in Exhibit E.
On March 15, 2023 , the EPC reviewed the March 8 Housing Element as well as most of the changes in Exhibit E, and the EPC recommended approval, adding the following modifications 2023-2031 Housing Element Adoption
April 11, 2023
to Program 3.2 . Staff comments on the EPC recommendations are provided in italics as noted below:
• Clarify the Tenant Relocation Assistance Ordinance (TRAO) review and update time frame— The TRAO evaluation has been revised to be completed by December 31, 2024. This deadline aligns with the Displacement Response Strategy project.
• Modify the first objective to clarify that community ownership structures and Community Opportunity to Purchase Act ( COPA)/Tenant Opportunity to Purchase Act ( TOPA) policies are included in the list of displacement prevention strategies—This has been modified.
• Evaluate and move the timeline for studying updates to the MHR SO earlier in the Sixth Cycle—The MHRSO timeline has been moved up to March 2025.
The following tables summarize public input regarding the March 8 Draft and how that input was integrated into the Housing Element (through Exhibit E).
PUBLIC INPUT—MARCH EDITS TO THE MARCH DRAFT HOUSING ELEMENT Goal: Mitigate Constraints—Park Land Dedication In-Lieu Fee Public Comment (MV YIMBY):
March Draft language is vague
about the extent and significance
of fee reduction. Commit to
meaningful reductions.
HCD Input:
Provide specific reduction target, if
possible.
Program 1.8:
The revised program will target a monetary fee
reduction of at least 20% on average across a
range of typical residential projects through a
combination of the following:
• Adopt a Nexus Study that compares the City’s
in-lieu fee to other cities, incorporates other
sources of funding, revises valuation
methodology, considers all or partial payment
of fees at project occupancy, and other factors
for the adoption of lower residential park
in-lieu fees.
• Find other ways for developments to receive
park land credit and, thereby, reduce park
fees through relaxing regulations on the size
and type of privately owned, publicly
accessible (POPA) areas and/or allowing park
land credit for new pedestrian connections
and trails.
2023-2031 Housing Element Adoption
April 11, 2023
PUBLIC INPUT—MARCH EDITS TO THE MARCH DRAFT HOUSING ELEMENT Goal: Mitigate Constraints—Development Standards and Economic Feasibility Public Comment (MV YIMBY):
March Draft language does not
provide adequate commitment to
reduce or eliminate standards that
constrain economic feasibility.
Clarify the R2 rezoning review
refers to upzoning.
HCD Input:
Commit to objective, quantifiable,
written development standards,
conditions, and policies that will
facilitate and accommodate
development at the maximum
density permitted on the site.
Program 1.3:
The March Draft program already committed to
meaningful reductions in standards when they
constrain the maximum density. The revised
program provides greater commitment to further
reducing physically constraining standards where
possible to make projects economically feasible at
maximum allowable densities (recognizing that
economic feasibility is often affected by factors
outside the City’s control, such as lot size, existing
uses, construction costs, and expected
prices/rents). The City also integrated
recommended language from the HCD (left)
regarding objective, quantifiable, written
development standards.
Lastly, the revisions include clarification in the
R2 rezoning action to allow density greater than
R1-zoned properties.
2023-2031 Housing Element Adoption
April 11, 2023
PUBLIC INPUT—MARCH EDITS TO THE MARCH DRAFT HOUSING ELEMENT Goal: Affirmatively Furthering Fair Housing
Public Comment (MV YIMBY):
March Draft programs are
inadequate to address AFFH issues
in low-density, high-opportunity
areas south of El Camino Real,
including:
• Upzoning R2;
• Commitment to 65 units on
church sites;
• Facilitating Accessory Dwelling
Units (ADU) and Senate Bill (SB)
9 Dual Urban Opportunities
(DUO); and
• No net loss of lower-income
capacity south of El Camino
Real and near downtown.
Program 2.6:
The March Draft committed to new units south of
the El Camino Real Precise Plan, including at least
65 units on church sites, plus approximately
120 additional units through ADUs or SB 9 (based
on the half of all R1 properties that are south of
El Camino Real) as well as upzoning R2.
In addition, the revision also commits the City to
develop incentives and zoning to facilitate
property owners south of the El Camino Real
Precise Plan (other than churches) to dedicate
land to affordable housing developers or build
affordable housing by December 2024. The
incentives and zoning will target the
development, in expectation, of at least
100 additional affordable units.
The revisions also include a midcycle milestone so
that if 40 units are not proposed by December
2027, further outreach would be conducted to
determine refined policies and adopt these
policies by December 2028.
The revision also clarifies the baseline for
upzoning R2 to at least four units per typical
parcel, plus ADUs.
2023-2031 Housing Element Adoption
April 11, 2023
PUBLIC INPUT—MARCH EDITS TO THE MARCH DRAFT HOUSING ELEMENT Goal: Community Ownership
Public Comment (Fondo de
Solidaridad):
To establish long-term stability,
reduce housing cost burden, and
ensure appropriately sized units
and quality housing, include the
following programs:
• Five buildings acquired by
tenant cooperatives and/or
community land trusts;
• 50 housing units acquire by
tenant cooperatives and/or
community land trusts; and
• $10 million investment from
the City’s BMR funds that
would support the acquisition
of these properties by tenant
cooperatives or community
land trusts.
Program 3.2:
The March Draft committed to responding to
displacement through various strategies and
included finding additional funding sources for
preservation of naturally affordable units.
The proposed revisions include specifying a metric
of 50 acquired or preserved housing units and
specifying the objective of $10 million to support
preservation and acquisition of units through
partnerships.
Additionally, since there are no community land
trusts or other community ownership models that
currently operate in Mountain View, they would
first need to be established and have the capacity
and expertise to do preservation and acquisition
activities. The revisions include creating a
community ownership action plan to set up a
community ownership model for this work.
Language was also removed from Program 2.1 to
better integrate with the new actions.
Note that some minor revisions were made after
the EPC recommendation.
Goal: Revise Mobile Home Rent Stabilization Ordinance
Public Comment (MVMHA):
• Reduce the annual rent
increases to a level consistent
with other cities in the region.
• Adopt the reductions sooner in
the Cycle.
EPC Recommendation:
• Evaluate and move the timeline
for studying updates to the
MHRSO earlier in the Sixth
Cycle.
Program 3.2:
The revised program now commits to studying
annual rent increases below or consistent with
comparable cities. Note this change was not
reflected in the EPC recommendation or action.
If directed by Council, the City will adopt an
updated MHRSO by March 2025.
2023-2031 Housing Element Adoption
April 11, 2023
OTHER RELATED PROJECTS
In addition to the pipeline projects, Site In ventory, and programs in the Housing Element, there are a number of additional projects that the City is undertaking over the next eight years to address the City’s housing needs. These include:
• The R3 Zoning Update, which is intended to update standar ds with form-based codes and enable more diverse housing types, including stacked flats;
• Other future rezonings, such as a comprehensive update to the Downtown Precise Plan ; and
• The Displacement Response Strategy, which will study development requirements for the preservation and/or replacement of naturally affordable units once the Housing Crisis Act (SB 330 and SB 8) sunsets.
ENVIRONMENTAL REVIEW
The City Council certified and adopted related findings for the Environmental Impact Report (EIR) on January 24, 2023.
While there have been changes to the Housing Element Update since then (as highlighted in the sections above)—mainly program details, changes to Sites Inventory sites/assumed capacities, and clarification on background narrative and analysis —they do not affect the environmental analysis and conclusions in the EIR, and the certified EIR may be relied upon for approval of the Housing Element.
In general, a new supplemental or subsequent EIR shall only be required if changes to the project, new information, or changes to circumstances involve new sig nificant environmental effects or substantial increase to the severity of previously identified effects. None of these circumstances apply. See Attachment 6 to this staff report for this analysis.
FISCAL IMPACT
Implementation of Housing Element programs that increase workload will likely incur one -time costs, such as hiring consultants, especially in the next few years of the Sixth Cycle. Any additional appropriations will be requested when needed.
2023-2031 Housing Element Adoption
April 11, 2023
If the Housing Element is not adopted, additional funds may be needed to cover additional revisions, and the City may lose access to key grant funding for housing and transportation projects as well as other costs related to State enforcement of housing laws.
CONCLUSION
The EPC recommended that the City Council adopt the 2023-2031 Housing Element (see Exhibit D of Attachment 1) with the language changes described in the Modifications to the March 8, 2023 Draft and EPC Recommendation section above (see Exhibit E of Attachment 1).
NEXT STEPS
Once adopted, staff will submit the Housing Element to HCD for their 60-day review. If HCD finds that there are changes necessary before providing certification, the resolution attached to this report includes a clause directing and authorizing staff to make nonsubstantive changes as well as specific site inventory changes without the need to bring it to EPC for a recommendation and for Council to readopt.
ALTERNATIVES
1. Make modifications to the Housing Element that are substantially consistent with goals, policies, programs, and implementation, which would not trigger any additional environmental analysis.
2. Instruct staff to formally submit to HCD before adoption of the 2023-2031 Housing Element.
3. Do not amend the General Plan and adopt the 2023-2031 Housing Element.
4. Provide other direction.
2023-2031 Housing Element Adoption
April 11, 2023
PUBLIC NOTICING
The City Council agenda is advertised on Channel 26, and the agenda and this report appear on the City’s website. A courtesy notice regarding the availability of the March 2023 Housing Element and the EPC and City Council public hearings was emailed to al l persons subscribed to the Housing Element mailing list (approximately 500 people); a physical mailer was sent to tenants and owners of properties within 750’ of properties affected by draft Housing Element programs (approximately 40,000 postcards); and a notice was published in the Daily Post.
Prepared by:
Ellen Yau
Senior Planner
Reviewed by:
Eric Anderson
Advanced Planning Manager
Approved by:
Aarti Shrivastava
Assistant City Manager/
Community Development Director
Kimbra McCarthy
City Manager
EY/6/CAM
810-04-11-23CR
202691
Attachments: 1. Resolution for 2023-2031 Housing Element
2. HCD Comment Letter—January 17, 2023
3. Public Comments and Staff Responses
4. Comments Received for EPC Meeting
5. Redlined 2023-2031 Housing Element
6. CEQA Memorandum