1 Attachment A
STATE HCD FEEDBACK ON REVISED PUBLIC HEARING DRAFT 2023-2031 HOUSING ELEMENT AND STAFF
RESPONSE
The Oakland General Plan Update team published for community review the first draft 2023-2031 Housing Element on May 12, 2022 and sent it to State HCD for their initial 90-day review on June 30, 2022. The City received a formal findings letter from State HCD on September 28, 2022. Staff revised the Housing Element in response to State HCD’s requested changes, and ongoing community feedback, and to fulfill requirements for compliance with State law. Table 3 in the agenda report provides staff responses to State HCD findings and corresponding revisions. The revised Public Hearing Draft 2023-2031 Housing Element (clean and redlined) was published on November 29, 2022, and is available on the City’s webpage at https://oaklandca.gov/housingelement.
Since then, Staff has had several informal meetings with State HCD to discuss the revised Public Hearing Draft Housing Element.
State HCD informally signed off on most revisions and requested additional revisions to in response to community feedback received on the revised draft. In response to the direction from State HCD, Staff has incorporated revisions to the revised Public Hearing Draft 2023-2031 Housing Element as noted under “Staff Response” in Table A-1. The revised Public Hearing Draft 2023-2031 Housing Element (clean and redlined) incorporating additional revisions from State HCD was published on the City’s webpage on January 13, 2023, and also shared with State HCD for their review.
Table A-1: State HCD Feedback on Public Hearing Draft 2023-2031 Housing Element and Staff Revisions HCD Finding on First Draft Housing Element HCD Feedback on Revised Public Hearing Draft Housing Element
Staff Response
A. Housing Needs, Resources, and Constraints
A1: Affirmatively Furthering Fair Housing
(AFFH):
1. Incorporate public comments into the
assessment of fair housing.
2. Analyze Racially Concentrated Areas of
Affluence (RCAAs).
3. Analyze Oakland relative to the rest of the
region regarding disproportionate housing
needs.
4. Analyze the lack of units in several higher
opportunity areas including but not limited
A1: Affirmatively Furthering Fair
Housing (AFFH):
1. State HCD has not requested any
further revisions and has tentatively
signed off on the revisions.
2. State HCD has not requested any
further revisions and has tentatively
signed off on the revisions.
3. State HCD has requested
additional granular analysis and
mapping on disproportionate
A1: Affirmatively Furthering Fair
Housing (AFFH):
1. No further action needed
2. No further action needed
3. Staff have included additional analysis
on cost burden and overcrowding in
Appendix D.
4. No further action needed
5. Program Revisions
a. Staff have added additional
language to Actions 2.1.1 and
2 HCD Finding on First Draft Housing Element HCD Feedback on Revised Public Hearing Draft Housing Element
Staff Response
to Rockridge (labeled North Oakland /
Adams Point) and the area surrounding the
Rockridge Bay Area Rapid Transit (BART)
station. Assess how the site inventory is
expected to improve and/or exacerbate fair
housing conditions and add/modify
programs based on the analysis.
5. Add appropriate programs to sufficiently
respond to contributing factors to fair
housing issues. In addition, all actions
related to AFFH must contain specific
commitment, timing, geographic targeting
and metrics or numerical targets.
housing needs that compares
Oakland to other Alameda County
jurisdictions and the County as a
whole, especially on cost burden
and overcrowding in Appendix D
4. State HCD acknowledged and has
tentatively signed off on the
revisions increasing commercial
corridor heights along Claremont
and College as well as the
inclusion of additional, more viable
opportunity sites in Rockridge.
State HCD also requested
increasing heights along Alcatraz
Ave and Telegraph Ave above 45’.
5. State HCD has signed off on
program revisions to AFFH. They
have requested additional
information on the following
actions:
a. Geographic targeting for
Actions 2.1.1 and 5.2.9
focusing on Racially or
Ethnically Concentrated
Areas of Poverty
(R/ECAPs) – EJ
Communities
b. Commitment to ensuring
the reduced front setback
requirements proposed
under Action 3.4.1 and
Appendix J will not
5.2.9 focused on environmental
justice communities that will be
identified as part of the EJ
screening process to Actions
2.1.1 and 5.2.9
b. Staff have incorporated
requested revisions under
Action 3.4.1 and Appendix J
that the city will allow for
exceptions if meeting the front
setback physically prohibits
development of four units or
two units on lots that meet the
minimum square footage for
that density. Staff have also
incorporated revisions to
increase heights from 35’ to 55’
along Telegraph Avenue from
Alcatraz Avenue to the
Oakland-Berkeley border and
increased the permitted base
density in Rockridge’s
residential areas to RM-3.
3 HCD Finding on First Draft Housing Element HCD Feedback on Revised Public Hearing Draft Housing Element
Staff Response
physically preclude
development at allowed
densities.
A2: Analysis and Documentation of
Household Characteristics and Special
Housing Needs
1. Extremely Low-Income Households (ELI):
Evaluate tenure, overpayment, resources
and strategies available and the gap and
magnitude of housing needs to better
formulate policies and program for ELI
households.
2. Housing Conditions: Estimate the number
of units in need of rehabilitation and
replacement.
3. Persons Experiencing Homelessness:
Evaluate resources and strategies, gaps in
addressing needs and formulate
appropriate strategies to address the unmet
need.
A2: Analysis and Documentation of
Household Characteristics and
Special Housing Needs
1. ELI Households: State HCD has
requested updates to Appendix B –
Section B.5 – ELI Residents
regarding Housing Tenure, and
Cost Burden/Overpayment,
including information on the City’s
Emergency Rental Assistance
Program (ERAP) and expanding
the discussion on Tables B-17 and
B-18.
2. Housing Conditions: State HCD
has tentatively signed off on the
revisions
3. Homelessness – State HCD has
requested additional narrative
around the recently passed
Measure U in Action 3.3.18 and
tentative units targeted.
A2: Analysis and Documentation of
Household Characteristics and Special
Housing Needs
1. ELI Households: The information
requested is currently provided in
Appendix B – Section B.6 – Housing
Tenure and Cost Burden. Staff have
included this information in Section B5-
ELI Residents with additional analysis
about housing tenure and provide
information on existing city programs
and strategies, including ERAP.
2. Housing Conditions: No further action
needed
3. Homelessness – Staff have updated
Action 3.3.18 to include additional
information on Measure U, targeted
unit ranges, public outreach underway
and provided cross references to
Action 4.3.1.
A3: Sites Inventory
1. Parcel Listing: Include a parcel listing or
sites inventory intended to accommodate
the RHNA
2. Pipeline and Potential Development
Projects: Demonstrate affordability and
availability of pipeline and potential
development projects in the planning
period.
A3: Sites Inventory
1. Parcel Listing: State HCD has
tentatively signed off on the
revisions.
2. Pipeline and Potential
Development Projects: State HCD
has tentatively signed off on the
revisions.
A3: Sites Inventory
1. Parcel Listing: No further action needed.
2. Pipeline and Potential Development
Project: No further action needed.
3. Realistic Capacity: Staff have revised
Action 3.4.10 that would commit the city to
imposing minimum density requirements
on sites included in the Housing Sites
4 HCD Finding on First Draft Housing Element HCD Feedback on Revised Public Hearing Draft Housing Element
Staff Response
3. Realistic Capacity: Provide supporting
information for realistic residential capacity
assumptions by various zoning districts
based on recent development history,
including affordability and accounting for
the likelihood of 100 percent non-residential
development.
4. Nonvacant Sites: Include an analysis
demonstrating the potential for additional
development on nonvacant sites.
5. City-Owned Sites: Identify which sites
specifically are owned by the City and
include a program with numerical objectives
that ensures compliance with the Surplus
Land Act, provides incentives and actions
along with a schedule to facilitate
development of City- owned sites.
6. Alternative Adequate Sites: Confirm
compliance with all relevant requirements
pursuant to Government Code 65583.1.
7. Zoning for a Variety of Housing Types:
a. Emergency Shelters: Clarify that
shelters are permitted without
discretionary action and include
analysis on access to transportation,
reuse opportunities, other conditions
inappropriate for human habitability.
b. Permanent Supportive Housing:
Demonstrate compliance with
Government Code section 65651 and
include programs if necessary.
3. Realistic Capacity: State HCD has
requested that the City commit to
minimum densities on sites
identified in the inventory.
4. Nonvacant Sites: State HCD has
requested that Record Id
PLN16053 in Table C14 be
updated with the correct address
and acreage.
5. City Owned Sites: State HCD has
requested that Action 3.3.1 be
revised committing to issue Notice
of Availability (NOA) or Request
For Qualifications/Proposals
(RFQ/RFP) during the 2023-2031
Planning Period.
6. Alternate Adequate Sites: State
HCD has tentatively signed off on
the revisions
7. Zoning for a Variety of Housing
Types:
a. Emergency shelters – State
HCD has tentatively signed
off on the revisions
b. Permanent supportive
housing - tentatively signed
off on the revisions
c. Employee housing -
tentatively signed off on the
revisions
d. Small units – State HCD
has requested adding the
Inventory proportionate to the sites’
identified realistic capacity.
4. Nonvacant Sites: Staff have updated the
address and acreage for PLN16053.
5. City Owned Sites: Staff updated Table
C-16b to include only surplus sites so no
revisions were made to Action 3.3.1
6. Alternate Adequate Sites: No further
action needed.
7. Zoning for a Variety of Housing Types:
a. Emergency shelters – no
further action needed.
b. Permanent supportive housing
– no further action needed.
c. Employee housing – no further
action needed.
d. Small units – Staff have revised
Action 3.4.10 to reflect State
HCD feedback.
e. SROs – Staff have revised
Action 3.4.4 and Appendix J to
reflect State HCD feedback.
5 HCD Finding on First Draft Housing Element HCD Feedback on Revised Public Hearing Draft Housing Element
Staff Response
c. Employee Housing: Demonstrate
zoning is consistent with the Employee
Housing Act (Health and Safety Code,
§ 17000 et seq.) or add or modify
programs.
d. Small Units: Consider a variety of
naturally affordable housing types as
part of its strategy.
e. Single Room Occupancies (SRO):
Describe how SRO development will
be encouraged
following language to Action
3.4.10 – “If current
development standards
prevent maximum densities
(plus state density bonus
law) from being achieved on
any given site in the
inventory, the City will
revise those development
standards to ensure that
maximum densities can be
achieved.”
e. SROs – To ensure that
parking standards do not
impede development of
SROs (including efficiency
units and rooming house
facilities), State HCD has
requested that the City
revise Action 3.4.4 to
analyze parking in-lieu fees.
A4: Analysis of Potential and Actual
Government Constraints
1. Land Use Controls: Analyze land use
controls independently and cumulatively
with other land use controls.
2. Processing and Permit Procedures:
Evaluate design review criteria for impacts
on cost, timing, and approval certainty.
3. Housing for Persons with Disabilities:
Analyze approval criteria as constraints on
approval certainty and objectivity for
A4: Analysis of Potential and Actual
Government Constraints
1. Land Use Controls:
a. To ensure that parking
standards do not impede
development of SROs
(including efficiency units
and rooming house
facilities), State HCD has
requested that the City
A4: Analysis of Potential and Actual
Government Constraints
1. Land Use Controls:
a. Staff whave revised Action
3.4.4 and Appendix J to reflect
State HCD feedback.
b. Staff have also incorporated
revisions to increase heights
from 35’ to 55’ along Telegraph
Avenue from Alcatraz Avenue
to the Oakland-Berkeley border
6 HCD Finding on First Draft Housing Element HCD Feedback on Revised Public Hearing Draft Housing Element
Staff Response
housing for persons with disabilities and
include programs as appropriate.
revise Action 3.4.4 to
analyze parking in-lieu fees.
b. In response to a comment
letter, State HCD has
requested increasing
heights along Telegraph
Avenue from Alcatraz
Avenue to the Oakland-
Berkeley border.
c. In response to a comment
letter from the Rockridge
Community Planning
Council (RCPC), State HCD
has requested that the
permitted base density in
Rockridge’s residential
areas to RM-3 and that staff
will explore upzoning
Rockridge’s residential
areas to RM-4 as part of
community outreach for
Phase 1 zoning code
amendments.
d. State HCD has requested
adding the following
language to Action 3.4.10 –
“If current development
standards prevent
maximum densities (plus
state density bonus law)
from being achieved on any
given site in the inventory,
and increased the permitted
base density in Rockridge’s
residential areas to RM-3.
c. Staff will seek feedback on
upzoning Rockridge’s
residential areas to RM-4 as
part of community outreach for
Phase 1 zoning code
amendments.
d. Staff have revised Action 3.4.10
to reflect State HCD feedback.
e. Staff have revised Action 3.7.8
be to reflect State HCD
feedback.
2. Processing and Permit Procedures: No
further action needed.
3. Housing for Persons with Disabilities:
No further action needed.
7 HCD Finding on First Draft Housing Element HCD Feedback on Revised Public Hearing Draft Housing Element
Staff Response
the City will revise those
development standards to
ensure that maximum
densities can be achieved.”
e. State HCD has requested
that Action 3.7.8 be revised
to commit that residential
care facilities are not
subject to review criteria
that the proposal will not
detract from the character
desired for the area.
2. Processing and Permit Procedures:
State HCD has tentatively signed
off on the revisions
3. Housing for Persons with
Disabilities: State HCD has
tentatively signed off on the
revisions
B. Housing Programs
B1: Housing Program Timelines
1. Programs must include specific
commitment to clear outcomes and
deliverables, and discrete timelines
resulting in beneficial impacts within the
planning period.
2. Revise Action 2.2.5 to develop procedures
that find and support displaced tenants
after demolitions, as well as ensuring that
projects pursuing SB-330 protections have
sufficient replacement units for tenants at
risk of displacement.
B1: Housing Program Timelines
1. Timelines and Commitments: State
HCD has tentatively signed off on
the revisions
2. Action 2.2.5: State HCD has
tentatively signed off on the
revisions
3. Additional Comments
a. Action 3.3.15 (continue and
expand density bonus
incentives) – State HCD
has requested additional
narrative around the City’s
B1: Housing Program Timelines
1. Timelines and Commitments: No
further action needed.
2. Action 2.2.5: No further action needed.
3. Additional Comments
a. Action 3.3.15 – Staff have
revised this action.
b. Action 3.5.2 –Staff have revised
this action.
8 HCD Finding on First Draft Housing Element HCD Feedback on Revised Public Hearing Draft Housing Element
Staff Response
Density Bonus Program and
how it differs from the State
Density Bonus Provisions
around incentivizing
moderate income rental
housing.
b. Action 3.5.2 (support
housing cooperatives, co-
living, and cohousing
models) –State HCD has
requested clarifying
language around timelines -
amendments to expand
where rooming house
facilities are permitted is
included in the June-July
2023 zoning code
amendment package while
consideration of code
amendments needed to
foster other cooperative
living models will be
explored during the LUTE
process
B2: Adequacy of Sites and Zoning
Based on the results of a complete sites
inventory and analysis, the City may need to
add or revise programs to address a shortfall of
sites or zoning available to encourage a variety
of housing types
B2: Adequacy of Sites and Zoning
See requested changes under A3:
Sites Inventory
B2: Adequacy of Sites and Zoning
See staff responses under A3: Sites
Inventory
B3: Remove Governmental and
Nongovernmental Constraints to
B3: Remove Governmental and
Nongovernmental Constraints to
B3: Remove Governmental and
Nongovernmental Constraints to
9 HCD Finding on First Draft Housing Element HCD Feedback on Revised Public Hearing Draft Housing Element
Staff Response
Maintenance, Improvement, and
Development of Housing
Based on the results of a complete analysis of
potential governmental and nongovernmental
constraints, the City may need to revise or add
programs and address and remove or mitigate
any identified constraints.
Maintenance, Improvement, and
Development of Housing
See requested changes under A4:
Analysis of Potential and Actual
Governmental Constraints
Maintenance, Improvement, and
Development of Housing
See staff responses under A4: Analysis of
Potential and Actual Governmental
Constraints
B4: AFFH
Based on a complete assessment of fair
housing, the element must add or modify
programs to AFFH. Programs to AFFH should
go beyond status quo actions, include specific
commitment, timing, geographic targeting and
metrics or numerical targets and should
generally address housing mobility, encourage
new housing choices in higher resource areas,
improve place-based strategies toward
community revitalization and protect
existing residents from displacement.
B4: AFFH
See requested changes under A1:
Affirmatively Furthering Fair Housing
B4: AFFH
See staff responses under A1:
Affirmatively Furthering Fair Housing
a. Action 3.4.2: Study the Relationship
Between Zoning and Racial
Segregation as Part of the Phase 2
General Plan Update –Staff have
revised this action to include analysis
of potential impacts of larger market
rate development projects in
neighborhoods undergoing
displacement or vulnerable to
displacement as part of the Phase 2
General Plan Update.
B5: Assisted Housing Developments
Action 2.2.2 should be revised with specific
commitment to comply with noticing
requirements, coordinate with qualified entities,
assist with funding or support funding
applicants and provide education and support
to tenants.
B5: Assisted Housing
Developments
State HCD has tentatively signed off
on the revisions
B5: Assisted Housing Developments
No further action needed
10 HCD Finding on First Draft Housing Element HCD Feedback on Revised Public Hearing Draft Housing Element
Staff Response
B6: Incentivize and Promote Creation of
Accessory Dwelling Units
Action 3.2.4 should commit to
monitor permitted ADUs and affordability every
other year and take appropriate action
such as adjusting assumptions or rezoning
within a specified time (e.g., 6 months) if
assumptions are not realized.
B6: Incentivize and Promote
Creation of Accessory Dwelling
Units
State HCD has tentatively signed off
on the revisions
B6: Incentivize and Promote Creation of
Accessory Dwelling Units
No further action needed
C. Quantified Objectives
C: Consider Quantified Objectives for
Conserving Units Beyond At-Risk
Preservation
1. The City could consider quantified
objectives for conservation (beyond at-risk
preservation).
C: Consider Quantified Objectives
for Conserving Units Beyond At-
Risk Preservation
State HCD has tentatively signed off
on the revisions
C: Consider Quantified Objectives for
Conserving Units Beyond At-Risk
Preservation
No further action needed
D. Public Participation
D. Public Participation
1. Address lack of sites in North Oakland,
specifically around Rockridge BART and
higher resource areas.
2. Revise Action 3.7.5 to studying second
egress requirements. The City should also
look at reducing lot size minimums, parking
minimums etc.
D. Public Participation
1. State HCD has tentatively signed
off on the revisions
2. State HCD has tentatively signed
off on the revisions
3. Additional Comments
a. State HCD has
requested updated
narrative to Action 3.4.8
on Objective Design
Standards for Historical
Districts in the City
D. Public Participation
1. No further action needed
2. No further action needed
3. Additional Comments
a. Staff have revised Action
3.4.8 to include this
information.