Oakland 2023-2031
Housing Element
Planning and Building Department
Presentation to the City Council
January 31, 2023
1 General Plan Update Phase 2Agenda
2 • 2023 -2031 Housing Element Process
• Revised Public Hearing Draft 2023 -
2031 Housing Element
• Environmental Determination
• Next Steps
2023-2031 Housing
Element Update
Process
3 General Plan Update Pse 22045 General Plan Update
4 • Legal Basis for development and conservation.
• Establishes citywide vision and supporting goals, policies, and implementation measures .
• Eight required Elements
Two Phase Approach to General Plan Update:
• Phase I (Winter 2021 – Summer 2023 )
• Housing Element, Safety Element & Environmental Justice Element • Zoning Code Amendments to implement the Housing Element • Phase II (From Fall 2023 )
• Land Use and Transportation Element
• Open Space, Conservation and Recreation Element
• Capital Facilities and Infrastructure Element
• Noise Element and Updates to the Zoning Code
General Plan Update Pse 2
Strategies and Actions
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Adequate sites
Housing Element Background
5 • City’s blueprint for housing
Oaklanders at all economic
levels, including low income and
households with special needs.
• Subject to state approval and covers
eight years (2023 -2031)
• Must meet the City’s projected
housing need (known as "Regional
Housing Needs Allocation")
• Statutory deadline: January 31, 2023
• Allows the City access to grant
opportunities that will benefit
housing
General Plan Update Pse 2Housing Element
6 Subsequent Steps After Initial Adoption and State Certification:
• The Housing Element is a working document to which subsequent amendments may be made after initial adoption and State certification. • Other actions, such as zoning amendments and other land use overlays, will be brought forward for community outreach, and action by Planning Commission and City Council after the Housing Element is adopted by the City Council and certified by the State.
• With General Plan Phase II work to begin in Fall 2023, other General Plan Elements such as the Land Use and Transportation Element shall provide the City additional opportunity to achieve desired outcomes in Housing and Community Development.
Source: ABAG, Final RHNA Plan, December 2021
5th Cycle: 2,059 units, 43.1% met
6th Cycle: 6,511 units
5th Cycle: 2,075 units, 26.1% met
6th Cycle: 3,750 units
5th Cycle: 2,815 units, 2.7% met
6th Cycle: 4,457 units
5th Cycle: 7,816 units, 174.3%
met
6th Cycle: 11,533 units
5th Cycle: 14,765 units, 102.5%
met
6th Cycle: 26,251 units
2023-2031 Future Housing Need
7 General Plan Update Phase 2Housing Element Requirements 8 Required Components:
• Community Engagement
• Assessment of Fair Housing
• Sites Analysis
• Evaluation of Past Performance
• Constraints Analysis
• Priorities, Goals and Actions
• AB 686 (Affirmatively Further Fair Housing) - The Housing Element must facilitate deliberate action to explicitly address, combat, and relieve disparities resulting from past patterns of segregation to foster more inclusive
communities.
• AB 215 - Public review requirements before State HCD
review.
General Plan Update Phase 2Penalties for Noncompliance
(No Adoption by January 31, 2023)
9 • Loss of housing and transportation funding
• Loss of Pro -Housing Designation
• Loss of land use control and the "Builder's Remedy"
(Housing Accountability Act)
• Litigation or enforcement action
• Financial penalties
General Plan Update Phase 2Housing Element Timeline
10 First Public Review Draft
Released: May 2022
Second Public Review
Draft: November 2022
General Plan Update Phase 2Engagement to Date
11 • Pop-up and Community Hub Events
• 2,558 people reached in-person
• Neighborhood Workshops, Townhalls
• 4 Housing Element Focused Workshops
• 2 Townhalls and 2 Open House
• Over 40 presentations to Neighborhood Councils-Community Groups • Over 250 participants virtually
• Discussion Groups
• 8 Equity Working Group (EWG) meetings
• Online Engagement
• Study Sessions with Decisionmakers
Deeply Rooted in Oakland
Partnership
For the first time in the City of Oakland’s
planning history, the Planning and Building
Department funded Community
Engagement focused on reaching low income
communities of color that have been
historically marginalized by government
planning processes.
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12 About the
Deeply Rooted
Collaborative
13 Outreach Geographies
Community Partner Outreach Geography/Community District Black Arts Movement Business District, CDC (BAMBD,
CDC)
West Oakland (Lower Bottoms), Artists, flatland
communities of color, those invested in the animation of BAMBD, CDC, and its stakeholders
3 CURYJ Formerly Incarcerated, Black and Latinx | Fruitvale 2 East Side Arts Alliance Communities of color | East Oakland 2 House/Full of Black Women/Deep Waters Dance
Theater West Oakland 3
Lao Family Community Development, Inc. South Asian American community 2 Malonga Arts Residents Association (MARA) Black and Brown communities and partnership with members in Chinatown 3
Oakland Asian Cultural Center (OACC) /
API Cultural Center Asian American community | Chinatown 3 The Black Cultural Zone (BCZ)
Community Development Corporation Black Community | East Oakland 6, 7 The Village in Oakland Unhoused curbside communities in North Oakland, West Oakland, Downtown, and East Oakland 1, 3, 6, 7
Unity Council Latinx community | Fruitvale 5
West Oakland Environmental Indicators Project
(WOEIP) Environmental Justice | West Oakland 3
14 Community Engagement
2,558
Total People spoken to
939
People interviewed at
50 gatherings
1,476
People informed
about OGP
110
Housing workshop
attendees
17 Oakland residents in
the Equity Working
Group
13 Deeply Rooted
organizations
20 DR youth Fellows
15 Integrated in
the Housing
Element
Missing
Housing
Justice
Strategies
30 16 46
Deeply Rooted
(DR) Housing
Justice policy
recommendations
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Summary DR Housing Justice Policies
16 Examples of the 30 Deeply Rooted Collaborative Strategies Integrated into the Housing Element
Goals: Structural Solutions, Protect Impacted People, Protect Impacted Neighborhoods, Financing Equity, and Land for People
● The majority of Healthy Development Guidelines related to housing co-created by grassroots organizations, City Planning, and County Public Health leaders.
● Changing the proposal that would have allowed private developers providing only 20% affordable housing with “by right” development on new housing sites, to 100% affordable.
● Agreeing to conduct a study on neighborhood level
displacement impacts from potential market-rate development projects and require displacement prevention strategies. ● Piloting neighborhood planning councilsto focus on
displacement prevention strategies.
17 MEMO: 16 Recommended Housing Element Strategies
for a Racially Just and Inclusive Oakland
1. Defining affordability for housing sites overlay zone
2. Over 10,000 market-rate units identified in displacement vulnerable neighborhoods require anti-displacement
strategies
3. 8 Missing Critical Housing Policy Actions
4. Language change needs in four sections for racial
inclusion
5. Amend the Homeless Encampment Management
Policy
6. Design Standards for City’s Proposed Affordable
Housing Overlay Zone
18 Recommendation
The Deeply Rooted Collaborative recommends:
● Adopt the Housing Element on 1/31
● After 1/31, amend the Housing Element
to include the 16 missing housing justice
policy recommendations.
19 Revised Public
Hearing Draft 2023-
2031 Housing
Element
20 What's in the Housing Element?
• Chapter 1: Introduction
• Chapter 2: Community Outreach
• Chapter 3: Sites Inventory Summary
• Chapter 4: Housing Action Plan
Main Chapters
21 What's in the Housing Element?
Appendices
• Appendix A: Evaluation of the 2015 -
2023 Element
• Appendix B: Housing Needs
Assessment
• Appendix C: Sites Inventory
• Appendix D: Assessment of Fair
Housing
• Appendix E: Housing Resources and
Opportunities
• Appendix F: Housing Constraints
• Appendix G: Opportunities for Energy
Conservation
• Appendix H: Glossary
• Appendix I: Public Outreach Materials
• Appendix J: Draft Zoning Proposals
• Appendix K: State HCD Findings Letter
& City Responses
• Appendix L: Public Comments & City
Responses
• Appendix M: Housing Sites Inventory
Public Comment Sites
22 Appendix B: Housing Needs Assessment
23 Source: California Department of Finance, P -2B County Population Projections, 2019 Baseline Alameda County Age Projections, 2010-2060• Population: 440,646 in 2020 • Affordability
• Lagging production rates of
affordable housing, including
moderate-income housing
• Affordability gap for both renters
and owners
• Homelessness: 5,055 unhoused
individuals in 2022
• Demographics: Population over 65
will increase significantly in the
future
• Racial and Economic Disparities:
High poverty rates and housing
cost burden, especially among
Black or African-American
households
Appendix C: Sites Inventory
24 • Safety
(Constraints)
• Accessing
neighborhood
needs
• Improving access
to opportunity and
addressing equity
• Lot size
• How many
units can be
built (density)
Chapter 4: Citywide Housing Policy Framework
25 PRODUCTION
Build more
permanently
affordable homes
as well as more
homes in general
PRESERVATION
Keep existing stock
of affordable homes
affordable
PROTECTION
Protect communities’
ability to stay together
through tenant
protections that address
displacement
Purpose:
• Enforce tenant and anti-displacement protection laws
• Improve data collection and monitoring
How this goal Affirmatively Furthers Fair Housing:
• Targeted investment in programs that will reduce
displacement pressures and homelessness rates,
particularly among Oakland’s BIPOC communities, which
are disproportionately impacted by both
Goal 1: Protect Oakland Residents from Displacement
and Prevent Homelessness
26 Goal 1 Actions include:
• (NEW) Action 1.1.2: Enforce Just Cause for Eviction Measures • (NEW) Action 1.1.5: Implement a right to counsel in Rent Adjustment Program proceedings
• (NEW) Action 1.1.8: Monitor neighborhood displacement risk factors
• (NEW) Action 1.1.9: Implement a rental housing registry Goal 1: Protect Oakland Residents from Displacement
and Prevent Homelessness
27 Purpose:
• Retain and improve existing built affordable housing
• Extend affordability requirements for current and future tenants
How this goal Affirmatively Furthers Fair Housing:
• Reduce incidence of substandard housing quality and
maintenance issues, particularly for Oakland BIPOC
communities
• Secure home repair investments that allow low-income
residents to remain in place
• Extend availability of affordable housing for low-income communities
Goal 2: Preserve and Improve Existing Housing Stock
28 Goal 2 Actions include:
• Action 2.1.1: Support home rehabilitation programs
• Action 2.1.2: Promote healthy homes and lead-safe housing • (NEW) Action 2.1.3: Conduct proactive rental inspections • Action 2.1.5: Implement universal design strategies
• (NEW) Action 2.1.6: Increase funding for improved indoor air quality
• (NEW) Action 2.2.7: Provide additional subsidy for residential hotels
Goal 2: Preserve and Improve Existing Housing Stock
29 Purpose:
• Expand availability of high quality and abundant affordable housing through zoning reforms, permit streamlining,
and identification of new funding sources
• Establish new, innovative models for development and
maintenance of permanently affordable housing
How this goal Affirmatively Furthers Fair Housing:
• Opening up historically exclusionary neighborhoods through zoning changes that encourage a variety of housing types • Invest in developing affordable housing for special needs households, including extremely-low-income, senior, and persons with HIV/AIDS
Goal 3: Close the Gap Between Affordable and Market-Rate Housing Production by Expanding Affordable Housing Opportunities 30 Goal 3 Actions include:
• (NEW) Action 3.2.1: Develop zoning standards to encourage missing middle and multi-unit housing types in currently single-family- dominated neighborhoods
• (NEW) Action 3.3.5: Implement an affordable housing overlay • (NEW) Action 3.4.1: Revise development standards, including allowable building heights, densities, open space and setback requirements • (NEW) Action 3.4.10: Implement a Housing Sites Overlay Zone to permit sites included in the Housing Sites Inventory to develop with affordable housing by right
• (NEW) Action 3.5.1: Support community land trusts, and other shared equity models
• (NEW) Action 3.7.1: Incentivize the development of senior housing Goal 3: Close the Gap Between Affordable and Market-Rate Housing Production by Expanding Affordable Housing Opportunities 31 Purpose:
• Address homelessness through strategies that enable
coordination across the spectrum, from homelessness
prevention to transitional housing/shelter and services to permanent supportive and deeply affordable housing with resources for long-term support
How this goal Affirmatively Furthers Fair Housing:
• Provide services, programs, and develop permanent
supportive housing to reduce rates of homelessness,
particularly among Oakland’s Black/BIPOC community
Goal 4: Address Homelessness and Expand Resources
for the Unhoused
32 Goal 4 Actions include:
• (NEW) Action 4.1.1: Expand, improve, and maintain crisis response beds
• (NEW) Action 4.1.3: Expand health and hygiene facilities and services and improve access to bathrooms and showers
• (NEW) Action 4.3.1: Finance the construction and maintenance of permanent supportive and deeply affordable housing for homeless households
• (NEW) Action 4.3.3: Remove regulatory constraints to the development of transitional and supportive housing
Goal 4: Address Homelessness and Expand Resources
for the Unhoused
33 Purpose:
• Stabilize neighborhoods through investments in rental and homeownership opportunities for affordable and middle - income households
• Encourage housing development in climate resilient locations with attention to health and environmental impacts
How this goal Affirmatively Furthers Fair Housing:
• Invest in programs that expand opportunities for
homeownership, particularly for low-income and BIPOC
communities
• Reduce exposure to harmful environmental pollution and climate change impacts, and social and environmental
injustices, particularly for low-income communities of color Goal 5: Promote Neighborhood Stability and Health
34 Goal 5 Actions include:
• Action 5.1.3: Provide paths to homeownership for Section 8 voucher holders
• (NEW) Action 5.2.1: Protect against smoke and wildfire • (NEW) Action 5.2.4: Secure funding from the State's
Affordable Housing and Sustainable Communities Program
• (NEW) Action 5.2.8: Encourage new affordable housing in higher resource neighborhoods
• (NEW) Action 5.2.9: Prioritize improvements to meet the needs of low-resourced and disproportionately burdened
communities.
Goal 5: Promote Neighborhood Stability and Health
35 Racial Equity Impact Analysis
• The Racial Equity Impact Analysis (“REIA”) identifies whether Black/African American, Indigenous, and other Oaklanders of color are:
1. Disproportionately affected by the negative effects of programs and policies or
2. Have less access to benefits provided through policies and programs. • Evaluates programs and actions in the HAP for its potential to help reverse longstanding housing disparities and further equity
• Previous City performance and funding levels are taken into account • See Attachment C in agenda report
• Provides additional recommendations for maximizing racial equity impacts • Provides a framework to evaluate the impact of implementation over time • 32 high priority actions in the HAP with the most potential to positively impact racial equity in housing outcomes
36 Summary of State
HCD & Public
Comments:
First Public Review Draft
37 Summary of State HCD Findings Letter
The State HCD comment letter acknowledged Oakland's community engagement and recommended revisions to the Draft Housing Element to comply with State requirements. It requested:
• Additional information on our upcoming housing pipeline and future sites where housing can be built (the "Site Inventory”) • See revised Sites Inventory
• Specific timing/action on several policy actions
• Incorporated throughout HAP
• Oakland's plans to Affirmatively Further Fair Housing (AFFH)- • Illustrate the City's plan to allow more housing in Rockridge and other "high opportunity" neighborhoods in North Oakland, Dimond, Adams Point, etc.
• See revised Sites Inventory, HAP Goal 3 actions and new Appendix J
38 Summary of Public Comments & Revisions
• 54 comment letters received
• See Appendix L1
• Available for public review and comment
• May 12, 2022 – September 23, 2022 (142 Days)
• Include executive summary
• Incorporated into revised Housing Element
• Include City staff responses to each public comment
• See Appendix L2
• Update programs and policies with specific timing and commitments for several actions
• Incorporated throughout HAP
39 General
Summary of Public Comments & Revisions
Affirmatively Furthering Fair Housing:
• Identify additional sites, increase housing capacity in high resource neighborhoods, upzone along transit, commercial corridors and resource-rich areas
• See revised Sites Inventory, HAP Goal 3 actions, and new Appendix J
• Provide more analysis and history of underlying factors that gave rise to and perpetuate racial and economic disparities
• See revised Introduction, Appendix D, and Appendix F
• Integrate community input about negative impacts of intergenerational economic and housing discrimination, CA’s Costa Hawkins, ethnic enclaves created in part by racially restrictive housing covenants, and more
• See Action 5.2.8 and NEW Action 5.2.9
• Prioritize City-owned land for affordable housing
• See Action 3.3.1, 3.3.4
40 Summary of Public Comments & Revisions
Chapter 4: Housing Action Plan
• Implement an Affordable Housing Overlay to provide by-right approvals for 100% affordable projects
• See Action 3.3.5 and Appendix J
• Include a strategy that explicitly prioritizes affordable housing for those with the greatest need
• See Goal 3: Close the Gap Between Affordable and Market-Rate Housing Production by Expanding Affordable Housing Opportunities • Generate new or dedicate existing revenue for affordable housing development, maintenance, and preservation
• See Action 3.3.5
• Support formation and operation of community land trusts, limited equity cooperatives, co-housing, and other innovative models
• See Actions 3.5.1, 3.5.2
• Streamline development approvals and permitting process • See Actions 3.6.1, 3.6.2, 3.6.3, 3.6.4
41 Summary of State
HCD & Public
Comments:
Public Hearing Draft
42 State HCD Comments on Public Hearing Draft
State HCD has recommended the following changes to the revised Public Hearing Draft Housing Element (incorporates feedback received from public comments):
• Additional analysis:
• (1) Appendix B – Section B.5 – ELI Residents regarding Housing Tenure, and Cost Burden/Overpayment; and
• (2) Appendix D - disproportionate housing needs – cost burden and overcrowding
• Minor proposed rezoning changes for Rockridge in Appendix J • Specific Revisions to 8 actions in the Housing Action Plan • Geographic Targeting
• Action 2.1.1: Support home rehabilitation programs
• Action 5.2.9: Prioritize improvements to meet the needs of low-resourced and disproportionately burdened communities 43 State HCD Comments on Public Hearing Draft
• Additional Narrative Requested
• Action 3.3.15: Continue and expand density bonus incentives. • Action 3.3.18: Implement affordable housing investments contained in Measure U
• Action 3.4.8: Implement objective design standards
• Action 3.5.2: Support housing cooperatives, co-living, and cohousing models
• Specific Text Changes
• Action 3.4.4: Revise citywide parking standards
• Action 3.4.10: Implement a Housing Sites Overlay Zone to permit sites included in the Housing Sites Inventory to develop with affordable housing by right
• Attachment A in the agenda report provides feedback from State HCD and staff responses
44 Summary of Public Comments & Responses
• Received 54 comments between November 29, 2022 – December 29, 2022 (See Attachment B-1 in agenda report)
• Letters were sent to State HCD as they were received
• City staff responses to each public comment (See Attachment B-2 in agenda report)
• In support of actions in the Housing Action Plan
• City’s commitment to enforce Just Cause for eviction measures (See Action
3.2.1)
• Creation of Citywide Enhanced Infrastructure Financing District (EIFD) (See Action 3.3.10)
• Continuation of the Acquisition and Conversion to Affordable Housing (ACAH) program (See Action 3.3.12)
45 Summary of Public Comments & Responses
• In support of actions in the Housing Action Plan
• Actions under Goal 3 to remove constraints to housing development, promote missing middle housing, Implement Affordable Housing Overlay, Housing Sites Inventory Overlay, Streamlining of housing projects • See Actions 3.2.1, 3.4.1, 3.3.5, 3.2.5, 3.4.3, 3.4.4, 3.4.5, 3.4.8, 3.4.10, 3.6.1, 3.6.3,
3.6.4, 3.7.6
• Comments both in support of and against Action 2.2.8 - Investigate a Tenant/Community Opportunity to Purchase Act (TOPA/COPA) • Study action to determine the effectiveness of TOPA/COPA model in Oakland.
Will require City Council review and approval.
• Additional feedback on Appendix J – Preliminary Zoning Code Proposals • Implement actions in the HAP
• Community Outreach: Winter – Spring 2023
• Adoption: Summer 2023
46 Environmental
Determination
47 Environmental Determination
• Adoption Of The 2023-2031 Housing Element Is Exempt From The California Environmental Quality Act (CEQA) Pursuant To Each As An Independent Basis:
A. CEQA Guidelines Section 15061(b)(3) [common sense exemption] B. CEQA Guidelines Section 15283 and California Government Code Section 65584(g) [housing needs allocation]
C. CEQA Guidelines Section 15262 and California Public Resources Code Sections 21102 and 21150 [planning studies]
D. CEQA Guidelines Section 15308 [actions for the protection of the environment]
• Sites Inventory included in the 2023-2031 Housing Element to demonstrate the City’s ability to accommodate Oakland’s RHNA is consistent with the development standards provided in previous specific plan and general plan documents, for each of which an EIR was prepared and certified
48 Staff
Recommendation
and Next Steps
49 Staff Recommendation
1. Adopt the 2023-2031 Housing Element as a General Plan Amendment to the Oakland General Plan as currently drafted with revisions limited to any comments received from the State HCD;
2. Determine that the adoption of the Housing Element is exempt from the California Environmental Quality Act (CEQA) pursuant to the environmental determination included in thestaff report; and
3. Direct the City Administrator to return to Planning Commission after Housing Element Adoption with an analysis of any additional recommended Housing Element text changes proposed by the City Council.
50 Upcoming Milestones
• HCD Certification: February – March 2023
• Phase 1
• Code Amendments to implement actions in Housing Element • Community Outreach: Winter – Spring 2023
• Adoption: Summer 2023
• Environmental Justice and Safety Element: Spring – Summer 2023 • Phase II
• LUTE, OSCAR, Noise and Infrastructure:Fall 2023
51 LEARN MORE
To learn more about the General Plan Update, visit the website below and sign up for updates:
bit.ly/OaklandGPU