Pacifica City Council
January 22, 2024

RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA ADOPTING

AN INITIAL STUDY/NEGATIVE DECLARATION TO COMPLY WITH THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT, AND AN UPDATE TO THE HOUSING ELEMENT OF THE GENERAL PLAN FOR THE 6TH CYCLE REGIONAL HOUSING NEEDS ALLOCATION COVERING THE PERIOD 2023-2031 AS PROVIDED IN STATE LAW.
_______________________________________________________________ WHEREAS, State Housing Element Law (Government Code Sections 655580 et seq.) requires that the City Council adopt a Housing Element for the eight-year period 2023-2031 to accommodate the City of Pacifica’s (City) regional housing need allocation (RHNA) of 1,892 units, comprised of 538 very-low income units (of which 269 units are designate for extremelylow income), 310 low-income units, 291 moderate-income units, and 753 above moderateincome units; and WHEREAS, the City has prepared a Housing Element Update (HEU) for the period 2023-2031 in compliance with State Housing Element Law, with input from the public, and has identified sites that can accommodate housing units meeting the City’s RHNA; and WHEREAS, the City released the first public review draft of the Housing Element Update for the period 2023-0231 for public review on February 24, 2023 and held a Joint Study Session with the City Council/Planning Commission on March 21, 2023; and WHEREAS, the City submitted the first draft to the State of California Department of Housing and Community Development (“HCD”) on May 10, 2023 and received comments from HCD on August 8, 2023; and
WHEREAS, the City held a Joint Study Session with City Council/Planning Commission on September 25, 2023 and October 16, 2023 to review HCD’s comments on the first draft of the Housing Element; and
WHEREAS, the City released a second public review draft of the Housing Element for public review on December 8, 2023; and
WHEREAS, in order to allow for flexibility in future housing development, to create additional opportunities to address the housing crisis, and to increase opportunities for affordable housing to be constructed at the benefit of lower-income households, the Housing Element update sets a target of 36 percent over the required RHNA, or approximately 2,574 total housing units, comprised of 1,271 very-low and low-income units, 437 moderate-income units, and 866 above-moderate income units; and
WHEREAS, City of Pacifica is the Lead Agency for preparing the environmental review for the Project pursuant to the California Environmental Quality Act (CEQA); and WHEREAS, the City of Pacifica Planning Division issued a Notice of Intent to adopt a Negative Declaration on November 16, 2023, for the Housing Element Update for the period of 2023-2031, which was distributed in compliance with CEQA Guidelines Section 15072; and Housing Element Update 2023-2031
January 22, 2024

WHEREAS, on November 16, 2023, the City of Pacifica distributed copies of the Negative Declaration to public agencies which have jurisdiction by law with respect to the Housing Element Update and to publicly accessible repositories including the Sharp Park and Sanchez branches of the Pacifica Library and invited comments on the Negative Declaration in compliance with CEQA Guidelines Sections 15082; and
WHEREAS, the 30-day minimum public review and comment period for the Negative Declaration was from November 16, 2023 through December 18, 2023; and WHEREAS, written comments on the Negative Declaration were collected and considered; and
WHEREAS, the Planning Commission of the City of Pacifica held a duly noticed public hearing to consider a recommendation on the Negative Declaration and the Housing Element Update (HEU) at a special meeting on January 4, 2024, at which time it adopted Resolution No. 2024-001 recommending City Council adoption of an Initial Study/Negative Declaration (IS/ND) and adoption of the 2023-2031 Housing Element Update; and WHEREAS, the City Council of the City of Pacifica did hold a duly noticed public hearing to consider the Negative Declaration and the HEU at a regular meeting on January 22, 2024, at which time it considered all oral and documentary evidence presented, and incorporated all testimony and documents into the record by reference.

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Pacifica does hereby find as follows:

1. The above recitals are true and correct and material to this Resolution.

2. In making its findings and adopting this resolution, the City Council relied upon and hereby incorporates by reference all correspondence, oral and written comments, staff reports, and other related materials in connection with this agenda item.

BE IT FURTHER RESOLVED, that, with respect to the Negative Declaration, the City Council of the City of Pacifica hereby:

1. Finds that (a) it has independently reviewed, analyzed, and considered the Negative Declaration and all written documentation and public comments prior to approval of the Housing Element Update, (b) the Negative Declaration has been completed in compliance with CEQA and consistent with state and local guidelines implementing CEQA, (c) the revisions to the Housing Element since the time of original circulation of the Negative Declaration do not require amendment or recirculation of the Negative Declaration pursuant to CEQA Guidelines Section 15073.5, since the revisions do not alter any of the findings or conclusions of the Negative Declaration, (d) the Negative Declaration represents the independent judgment and analysis of the City as lead agency for the Project, and (e) that on the basis of the whole record there is no substantial evidence in the record that the Housing Element will have a significant effect on the environment.

2. Adopts the Negative Declaration, which is attached to the staff report, in accordance with the California Environmental Quality Act.

Housing Element Update 2023-2031
January 22, 2024

3. Declares that the custodian of the documents and other materials which constitute the record of proceedings upon which this decision is based is the Planning Department of the City of Pacifica, 540 Crespi Drive, Pacifica, CA 94044.

BE IT FURTHER RESOLVED, that the City Council of the City of Pacifica does hereby:

1. Find that the public health, safety, and general welfare are best served by adoption of the Housing Element.

2. Finds that the Housing Element substantially complies with Housing Element Law, as provided in Government Code 65580 et seq. and contains all provisions required by State Housing Element Law, as set forth in Exhibit “A” to this Resolution, which is incorporated herein by this reference and which identifies where each applicable requirement of the Government Code is addressed in the document.

3. Finds that the Housing Element substantially complies with all requirements of State Housing Element Law as interpreted by HCD. As required by Government Code Section 65585(e), the City Council has considered the findings made by HCD included in its letter dated August 8, 2023, as required by Government Code Section 65585(f). The City has revised the Housing Element to address each of the findings in the HCD letter. The revisions, and the manner in which the Housing Element addresses HCD comments, have been listed in Exhibit “B” to this Resolution, which is incorporated herein by reference.

4. Adopts the Housing Element Update for the period of 2023-2031, in substantially similar form to that included as Exhibit “C”
to this Resolution. The City Council further authorizes staff to make revisions to the Housing Element Update that are requested by HCD to achieve certification and that are consistent with Council action and direction. * * * * *
Housing Element Update 2023-2031
January 22, 2024

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 22nd day of January 2024.

AYES, Council Members:

NOES, Council Members:

ABSENT, Council Members:

ABSTAIN, Council Members:
______________________________
Sue Vaterlaus, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ ______________________________ Sarah Coffey, City Clerk Michelle Marchetta Kenyon, City Attorney

EXHIBIT A

FINDINGS OF SUBSTANTIAL COMPLIANCE WITH STATE HOUSING
ELEMENT LAW, AS PROVIDED IN GOVERNMENT CODE 65580 ET SEQ.

Exhibit A: Responses to HCD Findings Page A-1 January 4, 2024 4879-7151-2984 v1 Exhibit A:

Conformance of Housing Element with State Law Requirements, Article

10.6 [65580 – 65589.11]
Note: All page number references are to the “clean” Adoption Draft version of the Housing Element published on December 8, 2023. Provisions labelled N/A are not applicable to the City of Pacifica

GOVERNMENT CODE PROVISION HOUSING ELEMENT COMPLIANCE
Section 65583
The housing element shall consist of an identification and analysis of existing and projected housing needs and a
statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing.

Section 5 (Housing Needs)
Section 6 (Assessment of Fair
Housing)
Section 11 (Goals and Policies)
Section 14 (Quantified Objectives)
Appendix C (Housing Needs)
Appendix D (City of Pacifica
Assessment of Fair Housing)
The housing element shall identify adequate sites for
housing, including rental housing, factory-built housing, mobilehomes, and emergency shelters, and shall make
adequate provision for the existing and projected needs of all economic segments of the community.

Section 8 (Housing Sites Inventory)
Section 10 (Fair Housing Plan)
Appendix F (Housing Sites)
Appendix D (City of Pacifica Assessment
of Fair Housing)
The element shall contain all of the following: N/A
(a) An assessment of housing needs and an inventory of
resources and constraints relevant to the meeting of these needs. The assessment and inventory shall include all of the following:

Section 5 (Housing Needs)
Section 9 (Housing Constraints)
Appendix C (Housing Needs)
Appendix G (Housing Constraints)
(a)(1) An analysis of population and employment trends and documentation of projections
Appendix C (Housing Needs)
(a)(1) A quantification of the locality’s existing and projected housing needs for all income levels, including extremely low income households, as defined in subdivision (b) of Section 50105 and Section 50106 of the Health and Safety Code.

These existing and projected needs shall include the
locality’s share of the regional housing need in accordance with Section 65584. Local agencies shall calculate the subset of very low income households allotted under Section 65584 that qualify as extremely low income households. The local agency may either use available census data to calculate the percentage of very low income households that qualify as extremely low income households or presume that 50
percent of the very low income households qualify as
extremely low income households. The number of extremely low income households and very low income households
shall equal the jurisdiction’s allocation of very low income households pursuant to Section 65584.

Section 8 (Housing Sites Inventory)
Appendix F (Housing Sites Inventory)
4879 Exhibit -7151-A2984 v1 Page A-2 January 4, 2024

GOVERNMENT CODE PROVISION HOUSING ELEMENT COMPLIANCE
(a)(2) An analysis and documentation of household
characteristics, including level of payment compared to ability to pay,
Section 5 (Housing Needs)
Appendix C (Housing Needs)
(a)(2) housing characteristics, including overcrowding, and Section 5 (Housing Needs) Appendix C (Housing Needs)
(a)(2) housing stock condition. Section 5 (Housing Needs) Appendix C (Housing Needs)
(a)(3) An inventory of land suitable and available for
residential development, including vacant sites and sites having realistic and demonstrated potential for
redevelopment during the planning period to meet the
locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites, and an analysis of the relationship of the sites identified in the land inventory to the jurisdiction’s duty to affirmatively further fair housing.

Section 8 (Housing Sites Inventory)
Appendix F (Housing Sites Inventory)
Appendix D (City of Pacifica Assessment
of Fair Housing)
[Note that AB 2339 (Chapter 654, Statutes of 2022)
amended Section 65583(a)(4). It does not apply to ABAGarea housing elements unless the first draft of the housing element is submitted to ABAG after January 31, 2023 or a draft is submitted after April 1, 2023. Therefore the sections below include the statutory provisions of Section 65583(a)(4) effective in 2022. Jurisdictions
adopting their housing element after January 31, 2023
should describe why AB 2339 is not applicable to them.] Appendix G (Housing Constraints)
(a)(4)(A) The identification of a zone or zones where
emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit. The identified zone or zones shall include sufficient capacity to
accommodate the need for emergency shelter identified in paragraph (7), except that each local government shall
identify a zone or zones that can accommodate at least one year-round emergency shelter.

Appendix G (Housing Constraints);
Program HE-1-14
(a)(4)(A) If the local government cannot identify a zone or zones with sufficient capacity, the local government shall include a program to amend its zoning ordinance to meet the requirements of this paragraph within one year of the
adoption of the housing element. The local government may identify additional zones where emergency shelters are
permitted with a conditional use permit.

Appendix G (Housing Constraints);
Program HE-1-10
4879 Exhibit -7151-A2984 v1 Page A-3 January 4, 2024
(a)(4)(A) The local government shall also demonstrate that existing or proposed permit processing, development, and management standards are objective and encourage and
facilitate the development of, or conversion to, emergency shelters.

Appendix G (Housing Constraints)
4879 Exhibit -7151-A2984 v1 Page A-4 January 4, 2024

GOVERNMENT CODE PROVISION HOUSING ELEMENT COMPLIANCE
(a)(4)(A) Emergency shelters may only be subject to those development and management standards that apply to
residential or commercial development within the same zone except that a local government may apply written, objective standards that include all of the following:
(i) The maximum number of beds or persons permitted to be served nightly by the facility.
(ii) Sufficient parking to accommodate all staff working in the emergency shelter, provided that the standards do not
require more parking for emergency shelters than other
residential or commercial uses within the same zone.
(iii) The size and location of exterior and interior onsite waiting and client intake areas.
(iv) The provision of onsite management.
(v) The proximity to other emergency shelters, provided that emergency shelters are not required to be more than 300 feet apart.
(vi) The length of stay.
(vii) Lighting.
(viii) Security during hours that the emergency shelter is in operation.

Appendix G (Housing Constraints);
Program HE-1-14
(a)(4)(B) The permit processing, development, and
management standards applied under this paragraph shall not be deemed to be discretionary acts within the meaning of the California Environmental Quality Act (Division 13
(commencing with Section 21000) of the Public Resources Code).

Appendix G (Housing Constraints);
Program HE-1-14
(a)(4)(C) A local government that can demonstrate to the satisfaction of the department the existence of one or more emergency shelters either within its jurisdiction or pursuant to a multijurisdictional agreement that can accommodate that jurisdiction’s need for emergency shelter identified in paragraph (7) may comply with the zoning requirements of subparagraph (A) by identifying a zone or zones where new emergency shelters are allowed with a conditional use
permit.

N/A
(a)(4)(D) A local government with an existing ordinance or ordinances that comply with this paragraph shall not be required to take additional action to identify zones for emergency shelters. The housing element must only
describe how existing ordinances, policies, and standards are consistent with the requirements of this paragraph.

N/A
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GOVERNMENT CODE PROVISION HOUSING ELEMENT COMPLIANCE
(a)(5) An analysis of potential and actual governmental constraints upon the maintenance, improvement, or
development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and [Note: The types of housing identified in Section
65583(c)(1) include multifamily rental housing, factorybuilt housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy
units, emergency shelters, and transitional housing.]
Section 9 (Housing Constraints)
Appendix G (Housing Constraints)
(a)(5) for persons with disabilities as identified in the analysis pursuant to paragraph (7),
Appendix C (Housing Constraints)
(a)(5) including land use controls, Appendix G (Housing Constraints), Section 2 (Governmental Constraints)
(a)(5) building codes and their enforcement, Appendix G (Housing Constraints), Section 2 (Governmental Constraints)
(a)(5) site improvements, Appendix G (Housing Constraints), Section 2 (Governmental Constraints)
(a)(5) fees and other exactions required of developers, Appendix G (Housing Constraints), Section 2 (Governmental Constraints)
(a)(5) local processing and permit procedures, Appendix G (Housing Constraints), Section 2 (Governmental Constraints)
(a)(5) and any locally adopted ordinances that directly impact the cost and supply of residential development.

Appendix G (Housing Constraints),
Section 2 (Governmental Constraints)
(a)(5) The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Section 65584
Section 11 (Goals and Policies)
Section 12 (2023-2031 Programs),
programs HE-I-1, HE-1-2
(a)(5) and from meeting the need for housing for persons with disabilities, supportive housing, transitional housing, and emergency shelters identified pursuant to paragraph (7).

Section 11 (Goals and Policies)
Section 12 (2023-2031 Programs),
programs HE-1-9, HE-1-10, HE-1-11,
HE-1-12
(a)(6) An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or
development of housing for all income levels, including the availability of financing,
Appendix G (Housing Constraints)
Section 11 (Goals and Policies),
programs HE-1-1, HE-1-2
(a)(6) the price of land, Appendix G (Housing Constraints) (a)(6) the cost of construction, Appendix G (Housing Constraints) (a)(6) the requests to develop housing at densities below those anticipated in the analysis required by subdivision (c) of Section 65583.2,
Appendix F (Housing Sites)
(a)(6) and the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a locality’s share of the regional housing need in accordance with Section 65584.

Appendix G (Housing Constraints)
4879 Exhibit -7151-A2984 v1 Page A-6 January 4, 2024
(a)(6) The analysis shall also demonstrate local efforts to remove nongovernmental constraints that create a gap
between the locality’s planning for the development of
housing for all income levels and the construction of that housing.

Section 11 (Goals and Policies)
Section 12 (2023-2031 Programs),
programs HE-1-1, HE-1-2
4879 Exhibit -7151-A2984 v1 Page A-7 January 4, 2024

GOVERNMENT CODE PROVISION HOUSING ELEMENT COMPLIANCE
(a)(7) An analysis of any special housing needs, such as those of the
Section 5 (Housing Needs)
Appendix C (Housing Needs)
(a)(7) elderly; Appendix C (Housing Needs)
(a)(7) persons with disabilities, including a developmental disability, as defined in Section 4512 of the Welfare and Institutions Code;
Appendix C (Housing Needs)
(a)(7) large families; Appendix C (Housing Needs)
(a)(7) farmworkers; Appendix C (Housing Needs)
(a)(7) families with female heads of households; Appendix C (Housing Needs) (a)(7) and families and persons in need of emergency
shelter.

Appendix C (Housing Needs)
(a)(7) The need for emergency shelter shall be assessed based on the capacity necessary to accommodate the most recent homeless point-in-time count conducted before the start of the planning period, the need for emergency shelter based on number of beds available on a year-round and
seasonal basis, the number of shelter beds that go unused on an average monthly basis within a one-year period, and the percentage of those in emergency shelters that move to permanent housing solutions.

Appendix G (Housing Constraints)
(a)(7) The need for emergency shelter may be reduced by the number of supportive housing units that are identified in an adopted 10-year plan to end chronic homelessness and that are either vacant or for which funding has been identified to allow construction during the planning period.

N/A
(a)(7) An analysis of special housing needs by a city or county may include an analysis of the need for frequent user coordinated care housing services.

N/A
(a)(8) An analysis of opportunities for energy conservation with respect to residential development. Cities and counties are encouraged to include weatherization and energy
efficiency improvements as part of publicly subsidized
housing rehabilitation projects. This may include energy efficiency measures that encompass the building envelope, its heating and cooling systems, and its electrical system.

Section 11 (Goals and Policies),
Program HE-P-4
(a)(9) An analysis of existing assisted housing developments that are eligible to change from low-income housing uses during the next 10 years due to termination of subsidy
contracts, mortgage prepayment, or expiration of restrictions on use. “Assisted housing developments,” for the purpose of this section, shall mean multifamily rental housing that receives governmental assistance under federal programs listed in subdivision (a) of Section 65863.10, state and local multifamily revenue bond programs, local redevelopment
programs, the federal Community Development Block Grant Program, or local in-lieu fees. “Assisted housing
developments” shall also include multifamily rental units that Appendix C (Housing Needs)
4879 Exhibit -7151-A2984 v1 Page A-8 January 4, 2024

GOVERNMENT CODE PROVISION HOUSING ELEMENT COMPLIANCE
were developed pursuant to a local inclusionary housing program or used to qualify for a density bonus pursuant to Section 65915.
(a)(9)(A) The analysis shall include a listing of each
development by project name and address, the type of
governmental assistance received, the earliest possible date of change from low-income use, and the total number of
elderly and nonelderly units that could be lost from the locality’s low-income housing stock in each year during the 10-year period. For purposes of state and federally funded projects, the analysis required by this subparagraph need only contain information available on a statewide basis.

Appendix C (Housing Needs), Section 9
(a)(9)(B) The analysis shall estimate the total cost of producing new rental housing that is comparable in size and rent levels, to replace the units that could change from lowincome use, and an estimated cost of preserving the assisted housing developments. This cost analysis for replacement housing may be done aggregately for each five-year period and does not have to contain a project-by-project cost
estimate.

Appendix C (Housing Needs)
(a)(9)(C) The analysis shall identify public and private nonprofit corporations known to the local government that have legal and managerial capacity to acquire and manage these housing developments.

Appendix E (Housing Resources)
(a)(9)(D) The analysis shall identify and consider the use of all federal, state, and local financing and subsidy programs that can be used to preserve, for lower income households, the assisted housing developments, identified in this
paragraph, including, but not limited to, federal Community Development Block Grant Program funds, tax increment
funds received by a redevelopment agency of the
community, and administrative fees received by a housing authority operating within the community. In considering the use of these financing and subsidy programs, the analysis shall identify the amounts of funds under each available program that have not been legally obligated for other
purposes and that could be available for use in preserving assisted housing developments.

Appendix E (Housing Resources)
(b) (1) A statement of the community’s goals, quantified objectives, and policies relative to affirmatively furthering fair housing and to the maintenance, preservation, improvement, and development of housing.

Section 5 (Housing Needs)
Section 6 (Assessment of Fair
Housing)
Section 11 (Goals and Policies)
Section 14 (Quantified Objectives)
Appendix C (Housing Needs)
Appendix D (City of Pacifica
Assessment of Fair Housing)
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GOVERNMENT CODE PROVISION HOUSING ELEMENT COMPLIANCE
(2) It is recognized that the total housing needs identified pursuant to subdivision (a) may exceed available resources and the community’s ability to satisfy this need within the content of the general plan requirements outlined in Article 5 (commencing with Section 65300). Under these
circumstances, the quantified objectives need not be
identical to the total housing needs. The quantified objectives shall establish the maximum number of housing units by
income category, including extremely low income, that can be constructed, rehabilitated, and conserved over a five-year time period.

Section 14 (Quantified Objectives)
(c) A program that sets forth a schedule of actions during the planning period, each with a timeline for implementation, that may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element
Section 12 (2023-2031 Programs)
(c) through the administration of land use and development controls,
Section 12 (2023-2031 Programs), HE1-1, HE-1-2, HE-1-3, HE-1-8, HE-I-14 (c) the provision of regulatory concessions and incentives, Section 12 (2023-2031 Programs), HEI-9 (c) the utilization of appropriate federal and state financing and subsidy programs when available,
Section 12 (2023-2031 Programs), HEI-7
(c) and the utilization of moneys in a low- and moderateincome housing fund of an agency if the locality has established a redevelopment project area pursuant to the Community Redevelopment Law (Division 24 (commencing
with Section 33000) of the Health and Safety Code).

Section 14 (Quantified Objectives)
In order to make adequate provision for the housing needs of all economic segments of the community, the program shall do all of the following:

N/A
(c)(1) Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a)
without rezoning, and to comply with the requirements of Section 65584.09.

Section 12 (2023-2031 Programs),
program HE-I-1, HE-1-2, HE-1-6, HE-1-
12 (c)(1) Sites shall be identified as needed to affirmatively further fair housing
Appendix D (City of Pacifica
Assessment of Fair Housing)
(c)(1) and to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing,
Appendix C (Housing Needs)
Appendix D (City of Pacifica
Assessment of Fair Housing)
(c)(1) factory-built housing, Appendix G (Housing Constraints) 4879 Exhibit -7151-A2984 v1 Page A-10 January 4, 2024

GOVERNMENT CODE PROVISION HOUSING ELEMENT COMPLIANCE
(c)(1) mobilehomes, Appendix B (Prior Housing Element
Review), Mobile Home Preservation
(c)(1) housing for agricultural employees, Appendix G (Housing Constraints) Chapter 12 (2023-2031 Programs),
program HE-I-14
(c)(1) supportive housing, Appendix G (Housing Constraints) Chapter 12 (2023-2031 Programs),
program HE-I-14
(c)(1) single-room occupancy units, Appendix G (Housing Constraints) Chapter 12 (2023-2031 Programs),
program HE-I-14
(c)(1) emergency shelters, Appendix G (Housing Constraints) Chapter 12 (2023-2031 Programs),
program HE-I-14
(c)(1) and transitional housing. Appendix G (Housing Constraints) Chapter 12 (2023-2031 Programs),
program HE-I-14
(c)(1)(A) Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, rezoning of those sites, including adoption of minimum density and development
standards, for jurisdictions with an eight-year housing element planning period pursuant to Section 65588, shall be completed no later than three years after either the date the housing element is adopted pursuant to subdivision (f) of Section 65585 or the date that is 90 days after receipt of comments from the department pursuant to subdivision (b) of Section 65585, whichever is earlier, unless the deadline is extended pursuant to subdivision (f). Notwithstanding the foregoing, for a local government that fails to adopt a housing element that the department has found to be in substantial compliance with this article within 120 days of the statutory deadline in Section 65588 for adoption of the housing
element, rezoning of those sites, including adoption of minimum density and development standards, shall be
completed no later than one year from the statutory deadline in Section 65588 for adoption of the housing element.

Section 12 (2023-2031 Programs),
program HE-I-1, HE-I-2
(c)(1)(B) Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, the program shall identify sites that can be developed for housing within the planning period pursuant to subdivision (h) of Section 65583.2. The identification of sites shall include all components specified in Section 65583.2. Note: Please see Section 65583.2
regarding the land inventory and conformance with
subdivision (h).

Section 12 (2023-2031 Programs),
program HE-I-1, HE-I-2
Appendix F (Housing Sites)
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GOVERNMENT CODE PROVISION HOUSING ELEMENT COMPLIANCE
(c)(1)(C) Where the inventory of sites pursuant to paragraph (3) of subdivision (a) does not identify adequate sites to accommodate the need for farmworker housing, the program shall provide for sufficient sites to meet the need with zoning that permits farmworker housing use by right, including density and development standards that could accommodate and facilitate the feasibility of the development of farmworker housing for low- and very low income households.

Section 12 (2023-2031 Programs),
program HE-1-12
(c)(2) Assist in the development of adequate housing to meet the needs of extremely low, very low, low-, and moderateincome households.

Section 12 (2023-2031 Programs), all
programs
(c)(3) Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to
the maintenance, improvement, and development of housing, including housing for all income levels
Appendix G (Housing Constraints)
(c)(3) and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable
accommodations for housing designed for, intended for
occupancy by, or with supportive services for, persons with disabilities.

Appendix G (Housing Constraints)
Section 12 (2023-2031 Programs),
programs HE-I-9, HE-I-12
(c)(3) Transitional housing and supportive housing shall be considered a residential use of property and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone.

Appendix G (Housing Constraints)
Section 12 (2023-2031 Programs),
programs HE-I-14
(c)(3) Supportive housing, as defined in Section 65650, shall be a use by right in all zones where multifamily and mixed uses are permitted, as provided in Article 11 (commencing with Section 65650).

Appendix G (Housing Constraints)
Section 12 (2023-2031 Programs),
programs HE-I-14
(c)(4) Conserve and improve the condition of the existing affordable housing stock, which may include addressing
ways to mitigate the loss of dwelling units demolished by public or private action.

Appendix G (Housing Constraints)
Section 12 (2023-2031 Programs),
programs HE-I-8, HE-I-12
(c)(5) Promote and affirmatively further fair housing
opportunities and promote housing throughout the
community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law.

Section 6 (Assessment of Fair Housing)
Section 10 (Fair Housing Plan)
Appendix D (City of Pacifica Assessment
of Fair Housing)
(c)(6) Preserve for lower income households the assisted housing developments identified pursuant to paragraph (9) of subdivision (a).

Section 6 (Assessment of Fair Housing)
Section 10 (Fair Housing Plan)
Appendix D (City of Pacifica Assessment
of Fair Housing)
4879 Exhibit -7151-A2984 v1 Page A-12 January 4, 2024

GOVERNMENT CODE PROVISION HOUSING ELEMENT COMPLIANCE
(c)(6) The program for preservation of the assisted housing developments shall utilize, to the extent necessary, all available federal, state, and local financing and subsidy programs identified in paragraph (9) of subdivision (a), except where a community has other urgent needs for which alternative funding sources are not available.

Appendix C (Housing Needs)
(c)(6) The program may include strategies that involve local regulation and technical assistance.

Section 12 (2023-2031 Programs),
programs HE-I-5, HE-I-7
(c)(7) Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at affordable rent, as defined in Section 50053 of the Health and Safety Code, for very low, low-, or moderate-income households. For purposes of this paragraph, “accessory
dwelling units” has the same meaning as “accessory dwelling unit” as defined in paragraph (4) of subdivision (i) of Section 65852.2.

Section 12 (2023-2031 Programs),
programs HE-I-4
(c)(8) Include an identification of the agencies and officials responsible for the implementation of the various actions and the means by which consistency will be achieved with other general plan elements and community goals.

Section 15 (Consistency with General
Plan, Zoning Code, and Local Coastal
Land Use Plan)
(c)(9) Include a diligent effort by the local government to achieve public participation of all economic segments of the community in the development of the housing element, and the program shall describe this effort.

Appendix F (Housing Sites)
(c)(10)(A) Affirmatively further fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2. The program shall include an assessment of fair housing in the jurisdiction that shall include all of the following components:

Appendix C (Housing Needs)
Appendix D (City of Pacifica Assessment
of Fair Housing)
(c)(10)(A)(i) A summary of fair housing issues in the
jurisdiction
Appendix C (Housing Needs)
Appendix D (City of Pacifica Assessment
of Fair Housing)
(c)(10)(A)(i) and an assessment of the jurisdiction’s fair housing enforcement and fair housing outreach capacity.

Appendix A (Community Consultation)
Appendix C (Housing Needs)
Appendix D (City of Pacifica Assessment
of Fair Housing)
(c)(10)(A)(ii) An analysis of available federal, state, and local data and knowledge to identify integration and segregation patterns and trends,
Appendix C (Housing Needs)
Appendix D (City of Pacifica Assessment
of Fair Housing)
(c)(10)(A)(ii)racially or ethnically concentrated areas of poverty and affluence,
Appendix C (Housing Needs)
Appendix D (City of Pacifica Assessment
of Fair Housing)
(c)(10)(A)(ii) disparities in access to opportunity, Appendix C (Housing Needs) Appendix D (City of Pacifica Assessment
4879 Exhibit -7151-A2984 v1 Page A-13 January 4, 2024
of Fair Housing)
(c)(10)(A)(ii) and disproportionate housing needs, Appendix C (Housing Needs) Appendix D (City of Pacifica Assessment
of Fair Housing)
(c)(10)(A)(ii) including displacement risk. Appendix C (Housing Needs) Appendix D (City of Pacifica Assessment
of Fair Housing)
(c)(10)(A)(ii) The analysis shall identify and examine such patterns, trends, areas, disparities, and needs, both within the jurisdiction.

Appendix C (Housing Needs)
Appendix D (City of Pacifica Assessment
of Fair Housing)
4879 Exhibit -7151-A2984 v1 Page A-14 January 4, 2024

GOVERNMENT CODE PROVISION HOUSING ELEMENT COMPLIANCE
(c)(10)(A)(ii) and comparing the jurisdiction to the region in which it is located, based on race and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2) and Section 65008.

Appendix C (Housing Needs)
Appendix D (City of Pacifica Assessment
of Fair Housing)
(c)(10)(A)(iii) An assessment of the contributing factors, including the local and regional historical origins
Appendix C (Housing Needs)
Appendix D (City of Pacifica Assessment
of Fair Housing)
(c)(10)(A)(iii) and current policies and practices, for the fair housing issues identified under clauses (i) and (ii).

Appendix C (Housing Needs)
Appendix D (City of Pacifica Assessment
of Fair Housing)
(c)(10)(A)(iv) An identification of the jurisdiction’s fair housing priorities and goals, giving highest priority to those factors identified in clause (iii) that limit or deny fair housing choice or access to opportunity, or negatively impact fair housing or civil rights compliance,
Appendix C (Housing Needs)
Appendix D (City of Pacifica Assessment
of Fair Housing)
(c)(10)(A)(iv) and identifying the metrics and milestones for determining what fair housing results will be achieved.

Appendix C (Housing Needs)
Appendix D (City of Pacifica Assessment
of Fair Housing)
(c)(10)(A)(v) Strategies and actions to implement those priorities and goals, which may include, but are not limited to, enhancing mobility strategies
Section 12 (2023-2031 Programs), HEI-11, HE-1-12
(c)(10)(A)(v) and encouraging development of new affordable housing in areas of opportunity,
Section 12 (2023-2031 Programs),
HE-I-8, HE-I-9
(c)(10)(A)(v) as well as place-based strategies to encourage community revitalization, including preservation of existing affordable housing,
Section 12 (2023-2031 Programs), all
programs
(c)(10)(A)(v) and protecting existing residents from
displacement.

Section 12 (2023-2031 Programs), HEI-7
(c)(10)(B) A jurisdiction that completes or revises an
assessment of fair housing pursuant to Subpart A
(commencing with Section 5.150) of Part 5 of Subtitle A of Title 24 of the Code of Federal Regulations, as published in Volume 80 of the Federal Register, Number 136, page
42272, dated July 16, 2015, or an analysis of impediments to fair housing choice in accordance with the requirements of Section 91.225 of Title 24 of the Code of Federal Regulations in effect before August 17, 2015, may incorporate relevant portions of that assessment or revised assessment of fair housing or analysis or revised analysis of impediments to fair housing into its housing element.

Section 6 (Assessment of Fair Housing)
(c)(10)(C) The requirements of this paragraph shall apply to housing elements due to be revised pursuant to Section
65588 on or after January 1, 2021.

Applicable; see compliance provisions
noted above
4879 Exhibit -7151-A2984 v1 Page A-15 January 4, 2024

GOVERNMENT CODE PROVISION HOUSING ELEMENT COMPLIANCE
(d)(1) A local government may satisfy all or part of its requirement to identify a zone or zones suitable for the development of emergency shelters pursuant to paragraph (4) of subdivision (a) by adopting and implementing a
multijurisdictional agreement, with a maximum of two other adjacent communities, that requires the participating
jurisdictions to develop at least one year-round emergency shelter within two years of the beginning of the planning period.

N/A. No multi-jurisdictional agreement
for emergency shelter
(d)(2) The agreement shall allocate a portion of the new shelter capacity to each jurisdiction as credit toward its emergency shelter need, and each jurisdiction shall describe how the capacity was allocated as part of its housing
element.

N/A. No multi-jurisdictional agreement
for emergency shelter
(d)(3) Each member jurisdiction of a multijurisdictional agreement shall describe in its housing element all of the following:

N/A. No multi-jurisdictional agreement
for emergency shelter
(d)(3)(A) How the joint facility will meet the jurisdiction’s emergency shelter need.
(d)(3)(B) The jurisdiction’s contribution to the facility for both the development and ongoing operation and management of the facility.
(d)(3)(C) The amount and source of the funding that the jurisdiction contributes to the facility.

N/A. No multi-jurisdictional agreement
for emergency shelter
(d)(4) The aggregate capacity claimed by the participating jurisdictions in their housing elements shall not exceed the actual capacity of the shelter.

N/A. No multi-jurisdictional agreement
for emergency shelter
(e) Except as otherwise provided in this article, amendments to this article that alter the required content of a housing element shall apply to both of the following: [Note that this provision is applicable to AB 2339 (Chapter 654, Statutes of 2022), which amended Section 65583(a)(4).

Jurisdictions adopting their housing element after
January 1, 2023 should describe why this amendment is
not applicable to them.]
The City Council has adopted an
emergency shelter ordinance that
complies with the applicable statutory
requirements.
(1) A housing element or housing element amendment
prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when a city, county, or city and county submits a draft to the department for review pursuant to Section 65585 more than 90 days after the effective date of the amendment to this section.

The City Council has adopted an
emergency shelter ordinance that
complies with the applicable statutory
requirements.
(2) Any housing element or housing element amendment
prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when the city, county, or city and county fails to submit the first draft to the department before the due date specified in Section 65588 or 65584.02.

The City Council has adopted an
emergency shelter ordinance that
complies with the applicable statutory
requirements.
(f) – (j): Not applicable N/A
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GOVERNMENT CODE PROVISION HOUSING ELEMENT COMPLIANCE
Section 65583.1(a)
(a) The Department of Housing and Community
Development, in evaluating a proposed or adopted housing element for substantial compliance with this article, … may also allow a city or county to identify sites for accessory dwelling units based on the number of accessory dwelling units developed in the prior housing element planning period whether or not the units are permitted by right, the need for these units in the community, the resources or incentives available for their development, and any other relevant factors, as determined by the department.

Appendix F (Housing Sites)
(b) Sites that contain permanent housing units located on a military base undergoing closure or conversion as a result of action pursuant to the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-
526), the Defense Base Closure and Realignment Act of
1990 (Public Law 101-510), or any subsequent act requiring the closure or conversion of a military base may be identified as an adequate site if the housing element demonstrates that the housing units will be available for occupancy by
households within the planning period of the element. No sites containing housing units scheduled or planned for demolition or conversion to nonresidential uses shall qualify as an adequate site.

N/A (no military base in Pacifica)
Note: If communities are using the provisions of Section 65583.1(c), which allow RHNA credit for conversion of
non-affordable to affordable housing and for
preservation of existing affordable housing at risk of
loss, the applicable provisions need to be added to this table.

N/A. Provision is not being used for
RHNA credit.

Section 65583.2
(a) A city’s or county’s inventory of land suitable for residential development pursuant to paragraph (3) of
subdivision (a) of Section 65583 shall be used to identify sites throughout the community, consistent with paragraph (10) of subdivision (c) of Section 65583,
Appendix F (Housing Sites)
(a) that can be developed for housing within the planning period and that are sufficient to provide for the jurisdiction’s share of the regional housing need for all income levels pursuant to Section 65584. As used in this section, “land suitable for residential development” includes all of the following sites that meet the standards set forth in
subdivisions (c) and (g):

Appendix F (Housing Sites)
(a)(1) Vacant sites zoned for residential use. Appendix F (Housing Sites) (a)(2) Vacant sites zoned for nonresidential use that allows residential development.

Appendix F (Housing Sites)
4879 Exhibit -7151-A2984 v1 Page A-17 January 4, 2024

GOVERNMENT CODE PROVISION HOUSING ELEMENT COMPLIANCE
(a)(3) Residentially zoned sites that are capable of being developed at a higher density, including sites owned or leased by a city, county, or city and county
Appendix F (Housing Sites)
(a)(4) Sites zoned for nonresidential use that can be
redeveloped for residential use, and for which the housing element includes a program to rezone the site, as necessary, rezoned for, to permit residential use, including sites owned or leased by a city, county, or city and county.

Appendix F (Housing Sites)
(b) The inventory of land shall include all of the following: N/A (b)(1) A listing of properties by assessor parcel number. Appendix F (Housing Sites) (b)(2) The size of each property listed pursuant to paragraph (1), and the general plan designation and zoning of each property.

Appendix F (Housing Sites)
(b)(3) For nonvacant sites, a description of the existing use of each property.

Appendix F (Housing Sites)
(b)(3) If a site subject to this paragraph is owned by the city or county, the description shall also include whether there are any plans to dispose of the property during the planning period and how the city or county will comply with Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5.

Appendix F (Housing Sites)
Section 12 (2023-2031 Programs),
program HE-I-1
(b)(4) A general description of any environmental constraints to the development of housing within the jurisdiction, the documentation for which has been made available to the
jurisdiction. This information need not be identified on a sitespecific basis.

Appendix G (Housing Constraints)
(b)(5)(A) A description of existing or planned water, sewer, and other dry utilities supply, including the availability and access to distribution facilities.

Appendix F (Housing Sites)
Appendix G (Housing Constraints)
(b)(5)(B) Parcels included in the inventory must have
sufficient water, sewer, and dry utilities supply available and accessible to support housing development or be included in an existing general plan program or other mandatory
program or plan, including a program or plan of a public or private entity providing water or sewer service, to secure sufficient water, sewer, and dry utilities supply to support housing development. This paragraph does not impose any additional duty on the city or county to construct, finance, or otherwise provide water, sewer, or dry utilities to parcels included in the inventory.

Appendix F (Housing Sites)
(b)(6) Sites identified as available for housing for above moderate-income households in areas not served by public sewer systems. This information need not be identified on a site-specific basis.

N/A. All new development in the City of
Pacifica would be served by a public
sewer system.
(b)(7) A map that shows the location of the sites included in the inventory, such as the land use map from the
jurisdiction’s general plan, for reference purposes only.

Figures F-1 through F-10
4879 Exhibit -7151-A2984 v1 Page A-18 January 4, 2024

GOVERNMENT CODE PROVISION HOUSING ELEMENT COMPLIANCE
(c) Based on the information provided in subdivision (b), a city or county shall determine whether each site in the inventory can accommodate the development of some
portion of its share of the regional housing need by income level during the planning period, as determined pursuant to Section 65584. The inventory shall specify for each site the number of units that can realistically be accommodated on that site and whether the site is adequate to accommodate lower income housing, moderate-income housing, or above moderate-income housing.

Appendix F (Housing Sites)
(c) A nonvacant site identified pursuant to paragraph (3) or (4) of subdivision (a) in a prior housing element and a vacant site that has been included in two or more consecutive
planning periods that was not approved to develop a portion of the locality’s housing need shall not be deemed adequate to accommodate a portion of the housing need for lower
income households that must be accommodated in the
current housing element planning period unless the site is zoned at residential densities consistent with paragraph (3) of this subdivision and the site is subject to a program in the housing element requiring rezoning within three years of the beginning of the planning period to allow residential use by right for housing developments in which at least 20 percent of the units are affordable to lower income households. An unincorporated area in a nonmetropolitan county pursuant to clause (ii) of subparagraph (B) of paragraph (3) shall not be subject to the requirements of this subdivision to allow residential use by right.

Appendix F (Housing Sites)
Section 12 (2023-2031 Programs),
program HE-I-1
(c) Notwithstanding the foregoing, for a local government that fails to adopt a housing element that the department has found to be in substantial compliance with state law within 120 days of the statutory deadline in Section 65588 for adoption of the housing element, rezoning pursuant to this subdivision shall be completed no later than one year from the statutory deadline in Section 65588 for adoption of the housing element.

N/A – Statutory provision addresses
timing for rezoning, not Housing
Element compliance.
(c) The analysis shall determine whether the inventory can provide for a variety of types of housing, including multifamily rental housing,
Appendix F (Housing Sites)
Section 12 (2023-2031 Programs),
programs HE-I-1, HE-I-4, HE-I-5, HE-I7, HE-I-12
(c) factory-built housing, mobilehomes, Appendix F (Housing Sites) Section 12 (2023-2031 Programs),
programs HE-I-4, HE-I-5, HE-I-7, HE-I12
(c) housing for agricultural employees, supportive housing, Appendix F (Housing Sites) Section 12 (2023-2031 Programs),
programs HE-I-4, HE-I-5, HE-I-7, HE-I12
(c) single-room occupancy units, Appendix F (Housing Sites) Section 12 (2023-2031 Programs),
4879 Exhibit -7151-A2984 v1 Page A-19 January 4, 2024
programs HE-I-4, HE-I-5, HE-I-7, HE-I12
(c) emergency shelters, and Appendix F (Housing Sites)
Section 12 (2023-2031 Programs),
programs HE-I-4, HE-I-5, HE-I-7, HE-I12
(c) transitional housing Appendix F (Housing Sites)
Section 12 (2023-2031 Programs),
programs HE-I-4, HE-I-5, HE-I-7, HE-I12
(c) and whether the inventory affirmatively furthers fair housing.

Appendix F (Housing Sites)
Section 12 (2023-2031 Programs),
programs HE-I-4, HE-I-5, HE-I-7, HE-I12
(c) The city or county shall determine the number of housing units that can be accommodated on each site as follows:

Appendix F (Housing Sites)
Section 12 (2023-2031 Programs),
programs HE-I-4, HE-I-5, HE-I-7, HE-I12
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GOVERNMENT CODE PROVISION HOUSING ELEMENT COMPLIANCE
(c)(1) If local law or regulations require the development of a site at a minimum density, the department shall accept the planning agency’s calculation of the total housing unit capacity on that site based on the established minimum
density. If the city or county does not adopt a law or
regulation requiring the development of a site at a minimum density, then it shall demonstrate how the number of units determined for that site pursuant to this subdivision will be accommodated.

Appendix F (Housing Sites)
(c)(2) The number of units calculated pursuant to paragraph (1) shall be adjusted as necessary, based on the land use controls and site improvements requirement identified in paragraph (5) of subdivision (a) of Section 65583,
(c)(2) the realistic development capacity for the site, Appendix F (Housing Sites) (c)(2) typical densities of existing or approved residential developments at a similar affordability level in that
jurisdiction,
Appendix F (Housing Sites)
(c)(2) and on the current or planned availability and
accessibility of sufficient water, sewer, and dry utilities.

Appendix F (Housing Sites)
(c)(2)(A) A site smaller than half an acre shall not be deemed adequate to accommodate lower income housing need
unless the locality can demonstrate that sites of equivalent size were successfully developed during the prior planning period for an equivalent number of lower income housing units as projected for the site or unless the locality provides other evidence to the department that the site is adequate to accommodate lower income housing.

Appendix F (Housing Sites)
(c)(2)(B) A site larger than 10 acres shall not be deemed adequate to accommodate lower income housing need
unless the locality can demonstrate that sites of equivalent size were successfully developed during the prior planning period for an equivalent number of lower income housing units as projected for the site or unless the locality provides other evidence to the department that the site can be
developed as lower income housing.

Appendix F (Housing Sites)
(c)(2)(B) For purposes of this subparagraph, “site” means that portion of a parcel or parcels designated to
accommodate lower income housing needs pursuant to this subdivision.

Appendix F (Housing Sites)
(c)(2)(C) A site may be presumed to be realistic for
development to accommodate lower income housing need if, at the time of the adoption of the housing element, a
development affordable to lower income households has
been proposed and approved for development on the site.

Appendix F (Housing Sites)
(c)(3) For the number of units calculated to accommodate its share of the regional housing need for lower income
households pursuant to paragraph (2), a city or county shall do either of the following:

Appendix F (Housing Sites)
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GOVERNMENT CODE PROVISION HOUSING ELEMENT COMPLIANCE
(c)(3)(A) Provide an analysis demonstrating how the adopted densities accommodate this need. The analysis shall include, but is not limited to, factors such as market demand, financial feasibility, or information based on development project experience within a zone or zones that provide housing for lower income households.

Appendix F (Housing Sites)
(c)(3)(B) The following densities shall be deemed appropriate to accommodate housing for lower income households:
(i) For an incorporated city within a nonmetropolitan county and for a nonmetropolitan county that has a micropolitan area: sites allowing at least 15 units per acre.
(ii) For an unincorporated area in a nonmetropolitan county not included in clause (i): sites allowing at least 10 units per acre.
(iii) For a suburban jurisdiction: sites allowing at least 20 units per acre.
(iv) For a jurisdiction in a metropolitan county: sites allowing at least 30 units per acre.

Appendix F (Housing Sites)
(4)(A) For a metropolitan jurisdiction:
(4)(A)(i) At least 25 percent of the jurisdiction’s share of the regional housing need for moderate-income housing shall be allocated to sites with zoning that allows at least 4 units of housing, but not more than 100 units per acre of housing.

Appendix F (Housing Sites)
(4)(A)(ii) At least 25 percent of the jurisdiction’s share of the regional housing need for above moderate-income housing shall be allocated to sites with zoning that allows at least 4 units of housing.

Appendix F (Housing Sites)
(B) The allocation of moderate-income and above moderateincome housing to sites pursuant to this paragraph shall not be a basis for the jurisdiction to do either of the following:
(i) Deny a project that does not comply with the allocation. (ii) Impose a price minimum, price maximum, price control, or any other exaction or condition of approval in lieu thereof.

This clause does not prohibit a jurisdiction from imposing any price minimum, price maximum, price control, exaction, or condition in lieu thereof, pursuant to any other law.
(iii) The provisions of this subparagraph do not constitute a change in, but are declaratory of, existing law with regard to the allocation of sites pursuant to this section.

The City of Pacifica’s 2023-2031
Housing Element is not inconsistent with
this requirement.
(C) This paragraph does not apply to an unincorporated
area.

N/A
(D) For purposes of this paragraph: N/A
(i) “Housing development project” has the same meaning as defined in paragraph (2) of subdivision (h) of Section
65589.5.

N/A
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GOVERNMENT CODE PROVISION HOUSING ELEMENT COMPLIANCE
(ii) “Unit of housing” does not include an accessory dwelling unit or junior accessory dwelling unit that could be approved pursuant to Section 65852.2 or Section 65852.22 or through a local ordinance or other provision implementing either of those sections. This paragraph shall not limit the ability of a local government to count the actual production of accessory dwelling units or junior accessory dwelling units in an annual progress report submitted pursuant to Section 65400 or other progress report as determined by the department.

Appendix F (Housing Sites)
(E) Nothing in this subdivision shall preclude the subdivision of a parcel, provided that the subdivision is subject to the Subdivision Map Act (Division 2 (commencing with Section 66410)) or any other applicable law authorizing the
subdivision of land.

N/A
(d) For purposes of this section, a metropolitan county, nonmetropolitan county, and nonmetropolitan county with a micropolitan area shall be as determined by the United
States Census Bureau. A nonmetropolitan county with a
micropolitan area includes the following counties: Del Norte, Humboldt, Lake, Mendocino, Nevada, Tehama, and
Tuolumne and other counties as may be determined by the United States Census Bureau to be nonmetropolitan counties with micropolitan areas in the future.

N/A. San Mateo County is a
metropolitan county
(e) (1) Except as provided in paragraph (2), a jurisdiction shall be considered suburban if the jurisdiction does not meet the requirements of clauses (i) and (ii) of subparagraph (B) of paragraph (3) of subdivision (c) and is located in a
Metropolitan Statistical Area (MSA) of less than 2,000,000 in population, unless that jurisdiction’s population is greater than 100,000, in which case it shall be considered
metropolitan. A county, not including the City and County of San Francisco, shall be considered suburban unless the
county is in an MSA of 2,000,000 or greater in population in which case the county shall be considered metropolitan.

N/A
(2)(A)(i) Notwithstanding paragraph (1), if a county that is in the San Francisco-Oakland-Fremont California MSA has a
population of less than 400,000, that county shall be
considered suburban. If this county includes an incorporated city that has a population of less than 100,000, this city shall also be considered suburban. This paragraph shall apply to a housing element revision cycle, as described in
subparagraph (A) of paragraph (3) of subdivision (e) of Section 65588, that is in effect from July 1, 2014, to
December 31, 2028, inclusive.

N/A.
(2)(A)(ii) A county subject to this subparagraph shall utilize the sum existing in the county’s housing trust fund as of June 30, 2013, for the development and preservation of housing affordable to low- and very low income households.

N/A
4879 Exhibit -7151-A2984 v1 Page A-23 January 4, 2024

GOVERNMENT CODE PROVISION HOUSING ELEMENT COMPLIANCE
(2)(B) A jurisdiction that is classified as suburban pursuant to this paragraph shall report to the Assembly Committee on Housing and Community Development, the Senate
Committee on Housing, and the Department of Housing and Community Development regarding its progress in
developing low- and very low income housing consistent with the requirements of Section 65400. The report shall be
provided three times: once, on or before December 31, 2019, which report shall address the initial four years of the housing element cycle, a second time, on or before December 31, 2023, which report shall address the subsequent four years of the housing element cycle, and a third time, on or before December 31, 2027, which report shall address the
subsequent four years of the housing element cycle and the cycle as a whole. The reports shall be provided consistent with the requirements of Section 9795.

N/A
(f) A jurisdiction shall be considered metropolitan if the jurisdiction does not meet the requirements for “suburban area” above and is located in an MSA of 2,000,000 or greater in population, unless that jurisdiction’s population is less than 25,000 in which case it shall be considered suburban.

See notes below.
(g)(1) For sites described in paragraph (3) of subdivision (b) [non-vacant sites], the city or county shall specify the additional development potential for each site within the planning period and shall provide an explanation of the methodology used to determine the development potential.

See Appendix F (Housing Sites) for
analysis of development potential and
explanation of the methodology.
(g)(1) The methodology shall consider factors including the extent to which existing uses may constitute an impediment to additional residential development,
See Appendix F (Housing Sites) for
methodology.
(g)(1) the city’s or county’s past experience with converting existing uses to higher density residential development, See Appendix F (Housing Sites) for
methodology.
(g)(1) the current market demand for the existing use, See Appendix F (Housing Sites) for methodology.
(g)(1) an analysis of any existing leases or other contracts that would perpetuate the existing use or prevent
redevelopment of the site for additional residential
development,
See Appendix F (Housing Sites) for
methodology.
(g)(1) development trends, See Appendix F (Housing Sites) for methodology.
(g)(1) market conditions, See Appendix F (Housing Sites) for methodology.
(g)(1) and regulatory or other incentives or standards to encourage additional residential development on these sites.

See Appendix F (Housing Sites) for
methodology.
4879 Exhibit -7151-A2984 v1 Page A-24 January 4, 2024

GOVERNMENT CODE PROVISION HOUSING ELEMENT COMPLIANCE
(g)(2) In addition to the analysis required in paragraph (1), when a city or county is relying on nonvacant sites described in paragraph (3) of subdivision (b) to accommodate 50
percent or more of its housing need for lower income
households, the methodology used to determine additional development potential shall demonstrate that the existing use identified pursuant to paragraph (3) of subdivision (b) does not constitute an impediment to additional residential
development during the period covered by the housing
element. An existing use shall be presumed to impede
additional residential development, absent findings based on substantial evidence that the use is likely to be discontinued during the planning period.

N/A – the Housing Element does not
rely on nonvacant sites to
accommodate 50 percent or more of
Pacifica’s housing need for lower
income households.
(g)(3) Notwithstanding any other law, and in addition to the requirements in paragraphs (1) and (2), sites that currently have residential uses, or within the past five years have had residential uses that have been vacated or demolished, that are or were subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low or very low income, subject to any other form of rent or price control through a public entity’s valid exercise of its police power, or occupied by low or very low income households, shall be subject to a policy requiring the
replacement of all those units affordable to the same or lower income level as a condition of any development on the site.

Replacement requirements shall be consistent with those set forth in paragraph (3) of subdivision (c) of Section 65915.

N/A – the Housing Element does not
include any sites that are covered by
the criteria in this statutory provision.
(h) The program required by subparagraph (A) of paragraph (1) of subdivision (c) of Section 65583 shall accommodate 100 percent of the need for housing for very low and lowincome households allocated pursuant to Section 65584 for which site capacity has not been identified in the inventory of sites pursuant to paragraph (3) of subdivision (a) on sites that shall be zoned to permit owner-occupied and rental multifamily residential use by right for developments in which at least 20 percent of the units are affordable to lower income households during the planning period.

Appendix F (Housing Sites)
Section 12 (2023-2031 Programs),
program HE-I-1, HE-I-8
(h) These sites shall be zoned with minimum density and development standards that permit at least
Appendix F (Housing Sites)
Section 12 (2023-2031 Programs),
program HE-I-1
(h) 16 units per site at a density of at least 16 units per acre in jurisdictions described in clause (i) of subparagraph (B) of paragraph (3) of subdivision (c),
Appendix F (Housing Sites)
Section 12 (2023-2031 Programs),
program HE-I-1
(h) shall be at least 20 units per acre in jurisdictions described in clauses (iii) and (iv) of subparagraph (B) of paragraph (3) of subdivision (c)
Appendix F (Housing Sites)
Section 12 (2023-2031 Programs),
program HE-I-1
4879 Exhibit -7151-A2984 v1 Page A-25 January 4, 2024
(h) and shall meet the standards set forth in subparagraph (B) of paragraph (5) of subdivision (b).

Appendix F (Housing Sites)
Section 12 (2023-2031 Programs),
program HE-I-1

GOVERNMENT CODE PROVISION HOUSING ELEMENT COMPLIANCE
(h) At least 50 percent of the very low and low-income
housing need shall be accommodated on sites designated
for residential use and for which nonresidential uses or mixed uses are not permitted, except that a city or county may accommodate all of the very low and low-income housing
need on sites designated for mixed uses if those sites allow 100 percent residential use and require that residential use occupy 50 percent of the total floor area of a mixed-use project.

Appendix F (Housing Sites)
Section 12 (2023-2031 Programs),
program HE-I-1
(i) For purposes of this section and Section 65583, the phrase “use by right” shall mean that the local government’s review of the owner-occupied or multifamily residential use may not require a conditional use permit, planned unit
development permit, or other discretionary local government review or approval that would constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. Any subdivision of the sites shall be subject to all laws, including, but not limited to, the local government ordinance implementing the Subdivision Map
Act.

Appendix F (Housing Sites)
Section 12 (2023-2031 Programs),
program HE-I-1, HE-I-2, HE-I-4
(i) A local ordinance may provide that “use by right” does not exempt the use from design review. However, that design review shall not constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public
Resources Code. Use by right for all rental multifamily residential housing shall be provided in accordance with subdivision (f) of Section 65589.5.

Section 12 (2023-2031 Programs),
program HE-I-2.
(j) Notwithstanding any other provision of this section, within one-half mile of a Sonoma-Marin Area Rail Transit station, housing density requirements in place on June 30, 2014, shall apply.

N/A

EXHIBIT B

FINDINGS OF SUBSTANTIAL COMPLIANCE WITH STATE HOUSING

ELEMENT LAW BASED ON REVISIONS TO HOUSING ELEMENT TO

ADDRESS FINDINGS IN THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (HCD) LETTER FROM AUGUST 8, 2023 Exhibit B: Responses to HCD Findings – January 22, 2024 B-1 Exhibit B:

Demonstration of Substantial Compliance through Responses to California Department of Housing & Community Development (HCD) Findings on Draft Pacifica 2023-2031 Housing Element
On May 10, 2023, the City of Pacifica submitted its Draft Housing Element to the California Department of Housing & Community Development (HCD) for that agency’s review. Pursuant to Government Code section 65585, subdivision (b), HCD reviewed the Draft Housing Element and reported the results of its review 90 days after receiving the Draft. The City received HCD’s findings on August 8, 2023. HCD found that the Draft met many statutory requirements but required revisions to be compliant with Housing Element law (Article 10.6 of the Government Code). HCD’s letter included a 12-page Appendix describing the revisions needed. On July 27, 2023, City staff and consultants met with the HCD reviewer, who shared HCD’s intent and expectations on several of the required revisions.

The City of Pacifica has prepared this document to demonstrate that it has edited the Draft Housing Element to respond to all HCD comments, and produced a Draft that is substantially compliant with State Law. The City has also prepared a tracked change (redlined) version of the Draft Housing Element reviewed by HCD showing every change made. This document has organized the HCD findings in numeric sequence, from 1 to 41. Comments are numbered in bold red font. The HCD findings are copied verbatim from the August 8 letter in black font. The City’s responses appear below each finding in blue italic font. The responses direct the reader to the specific location in the “tracked change” document where the edits are located and summarize the edits made. Page number references are to the tracked change version of the Draft Housing Element. All of the tracked edits are incorporated in a “clean” version of the document.

A. Review and Revision
A.1
Review the previous element to evaluate the appropriateness, effectiveness, and progress in implementation, and reflect the results of this review in the revised element. (Gov. Code, § 65588 (a) and (b).)
The element must provide a cumulative evaluation of the effectiveness of past goals, policies, and related actions in meeting the housing needs of special needs populations (e.g., elderly, persons with disabilities, large households, femaleheaded households, farmworkers, and persons experiencing homelessness).

Exhibit B: Responses to HCD Findings – January 22, 2024 B-2 City Response:

See Appendix B, Section 4. An additional section that provides a cumulative evaluation of the effectiveness of past goals, policies, and actions regarding the special needs populations has been added to Appendix B.

B. Housing Needs, Resources, and Constraints
B.1

1. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in the jurisdiction. (Gov. Code, § 65583, subd. (c)(10)(A).)
Enforcement: While the element included an evaluation of local and regional patterns, trends, and enforcement capacity, it must also identify and address past or current fair housing lawsuits, findings, settlements, judgements, or complaints. For additional information, please see pages 28-30 on HCD’s Affirmatively Furthering Fair Housing (AFFH) Guidance Memo at https://www.hcd.ca.gov/communitydevelopment/affh/docs/AFFH_Document_Final_4-27- 2021.pdf.

City Response:

See Appendix D. pp. 7, 16. An analysis of past or current fair housing lawsuits, findings, settlements, judgements, or complaints has been added to Appendix D. As noted in the added text, the City of Pacifica has not been a party to fair housing complaints or legal action in the past nor has the City been required to operate under a state or federal consent decree related to fair housing.

B.2

2. Analyze any special housing needs such as elderly; persons with disabilities, including a developmental disability; large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter. (Gov. Code, § 65583, subd. (a)(7).)
The element includes data and a general discussion of housing challenges faced by special needs households. However, the element must be revised to include an analysis of the existing needs and resources for each special need group including seniors, farmworkers, large households, and persons with disabilities including developmental disabilities and extremely low-income (ELI) households. For example, the element should discuss the existing resources to meet housing needs (availability of shelter beds, number of large units, number of deed restricted units, etc.,), an assessment of any gaps in resources, and Exhibit B: Responses to HCD Findings – January 22, 2024 B-3 proposed policies, programs, and funding to help address those gaps.

City Response:

See Housing Element Section 12. 2023-2031 Programs. Implementation Actions within HE-I-2, HE-I-3, HE-I-5, and Section 10. Fair Housing Plan. See also Appendix C Housing Needs (throughout). An analysis of the existing needs and resources for each special need group has been added to multiple sections within Appendix C and Section 10. Fair Housing Plan has been expanded to connect the analysis included in Appendix C with previous and new program implementation actions. Additional language has been added at the beginning of each program to explicitly tie Constraints, Fair Housing Issues, Contributing Factors, and Special Needs to that program’s Implementation Actions. Implementation Actions to address needs have been added and expanded and include provisions to support the production of larger units; remove discretionary review of multifamily housing—including special needs housing; establish a funding source for ELI-housing that establishes support for housing with people with disabilities including developmental disabilities as a high-priority investment.

B.3

3. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov. Code, § 65583, subd. (a)(3).) The above introductory statement does not require a response.

B.3.1
Progress in Meeting the Regional Housing Need Allocation (RHNA): As you know, the City’s RHNA may be reduced by the number of new units built since July 1, 2022. However, the element must demonstrate the availability of these units in the planning period. First, it is unclear how many units the City is counting as credit towards the RHNA. For example, the element analyzes several potential projects equating 232 units (Table F-5); however, Table F-7 only reflects credit for 139 units. The element should reconcile these numbers and accurately reflect the number of units as credit towards the RHNA. Second, while the element provided some general information regarding each project’s status, it should still demonstrate the likelihood that these units will be built during the planning period. To demonstrate the availability of these units, the element could analyze infrastructure schedules, City’s past completion rates on pipeline projects, outreach with project developers, describe any expiration dates on entitlements, anticipated timelines for final approvals, and any remaining steps for projects to receive final entitlements. Based on a complete Exhibit B: Responses to HCD Findings – January 22, 2024 B-4 analysis, the element may need to add or modify programs committing to facilitating and encouraging the development of these projects.

City Response:

See Revised Tables F-2 and F-9 (formerly F-7) and related narrative in Section F-4. Planned and Approved Projects. The number of units has been reconciled and language on each project’s status has been added. Based on HCD guidance, planning applications that have a high likelihood of approval have been included as an offset to RHNA. (In the prior version, they were included as opportunity sites.)
B.3.2.A
Realistic Capacity:
• General – The element is generally assuming 80 percent of maximum allowable densities to calculate residential capacity on identified sites.

Further, the element includes examples of recent projects that have developed between 25-100 percent of the maximum allowable density with an average density of 81 percent (Table F-4). The element should analyze projects including information on typical densities on all recent and pipeline projects, the zone, acreage, built density, allowable density, level of affordability, outliers from the assumed densities and presence of exceptions such as a density bonus. Further, the element should analyze and evaluate this data to support its realistic capacity calculations.

City Response:

See Appendix F. The element has been revised to include additional analysis regarding typical densities on recent and pipeline projects including additional information on the zone, acreage, built density, allowable density, etc. These criteria have been analyzed and the conclusions applied to the revised sites list. See Appendix F for discussion of realistic capacity, development trends, and redevelopment potential of sites on the revised inventory.

B.3.2.B
• AB 2011 Capacity Assumptions – The element is assuming additional capacity on sites that will be rezoned during the planning period beyond the projected densities that will be allowed once the rezoning is completed.

Specifically, the element assumes additional capacity pursuant to AB 2011 (Statues of 2022) which allows sites and projects that meet specific criteria to qualify for additional densities and ministerial approvals. However, for the element to utilize AB 2011 capacity assumptions, the City must demonstrate the likelihood that the sites and potential projects will qualify to Exhibit B: Responses to HCD Findings – January 22, 2024 B-5 utilize the provisions of AB 2011. The element should include local examples of sites redeveloping with qualifications similar to those required under AB 2011. Alternatively, the element could commit to rezoning to similar densities allowed under AB 2011 (60 units per acre) as a method to utilizing these capacity assumptions. Based on a complete analysis, the element may need to adjust capacity assumptions and include or modify programs committing to rezoning to appropriate densities.

City Response:

See Program HE-I-1.10. The Housing Element has been revised to incorporate the alternative suggested by HCD. Specifically, the Housing Element has been revised with commitments to rezone to 60 units per acre any sites that remain on the inventory that had previously assumed AB 2011 densities. Therefore, capacity assumptions regarding AB 2011 are no longer applicable to sites identified within the Housing Element.

B.3.2.C
• Sites in Zones that Allow 100 Percent Nonresidential Uses – The element identifies sites in zones that allow nonresidential uses. The element must analyze the likelihood that the identified units will be developed as noted in the inventory in zones that allow 100 percent nonresidential uses. This analysis should consider the likelihood of nonresidential development, performance standards, and development trends supporting residential development. For additional information, see the Building Blocks at https://www.hcd.ca.gov/planning-and- community-development/housingelements/building-blocks/analysis-sites-and- zoning.

City Response
See revisions to Appendix F, Section 9. The Housing Element has been revised to ensure that 100 percent nonresidential uses will not be permitted to occupy the entirety of these sites once rezonings are complete. The sites will be required to include residential uses (see Program HE-I-2). As such, additional analysis for any such sites is not required. See also Appendix G, Section 2. subsection "Processing and Permitting Procedures" subsubsection "findings." B.3.3
Site Size: The element identifies several sites at less than a half-acre to accommodate the lower-income RHNA. These sites are not eligible absent a demonstration that sites of equivalent size and affordability were successfully developed during the prior planning period or unless other evidence is provided.

The inventory indicates that some of the sites would be consolidated; however, the element should provide an analysis demonstrating the potential for lot Exhibit B: Responses to HCD Findings – January 22, 2024 B-6 consolidation. For example, the analysis could describe the City’s role or track record in facilitating small-lot consolidation; policies or incentives offered or proposed to encourage and facilitate lot consolidation, conditions rendering parcels suitable and ready for lot consolidation; or information from the owners of each aggregated site.

City Response:

See Housing Element Section 8. The sites inventory has been revised and includes no low income designated sites on sites of less than one half-acre.

The implementation action regarding site consolidation incentives previously numbered as HE.I-1.5 has been removed accordingly.

B.3.4
Suitability of Nonvacant Sites: The element is utilizing nonvacant sites to accommodate a portion of the RHNA. However, the element must demonstrate the potential for additional development. The methodology for demonstrating additional development on nonvacant sites must discuss existing uses, development trends, and policies and programs to encourage additional residential development. For example, the element indicates several factors that may have been utilized when demonstrating the likelihood for redevelopment including the degree of underutilization based on the current build out of the site, age of existing uses, vacancies, and other trends (p. F-15).

However, the element must provide support for these assumptions including analyzing and discussing how these factors are indicative of redevelopment potential. Second, the element should relate these factors to the actual sites and quantify where possible (e.g., age of building, current vs. allowed floor area ration (FAR), etc.,). Based on a complete analysis the element may need to add or revise programs to facilitate redevelopment.

Additionally, to provide sufficient capacity for the RHNA during the planning period and as part of identifying sites with potential for development, the element should consider public comments received regarding the inclusion of sites from property owners written interest in residential development in the planning period.

Finally, if the housing element relies upon nonvacant sites to accommodate more than 50 percent of the RHNA for lower-income households, the City must make findings based on substantial evidence, the existing uses will be presumed to impede additional residential development. (Gov. Code, § 65583.2, subd. (g)(2).) Absent findings (e.g., adoption resolution), the existing uses will be presumed to impede additional residential development and will not be utilized toward demonstrating adequate sites to accommodate the RHNA.

Exhibit B: Responses to HCD Findings – January 22, 2024 B-7 City Response:

See Appendix F, Section: Other Commercial Opportunity Sites (pp. F-21-F-26).

The housing sites inventory analysis included in Appendix F has been significantly revised to include new redevelopment factor analysis and precedent trend analysis to supplement prior analysis. Non-vacant parcels are included on the sites list as potential residential development opportunities based on five redevelopment characteristics and rezoning to densities in the range of 30-60 DU/A. Nonvacant sites must meet four out of five criteria to be included on the sites list as discussed in the section: “Other Commercial Opportunity Sites.” The factors were gathered from approved projects in Pacifica and some of its surrounding neighboring cities. The site characteristics are summarized in Table F-7. How the factors were considered in relation to specific sites is provided in site list tables F-10 and F-11.

B.3.5
Publicly-Identified Sites: The element identifies several publicly-identified sites to accommodate a portion of the RHNA including school district and CityOwned sites. The element must include an analysis addressing general plan designations, allowable densities, support for residential capacity assumptions, existing uses, and any known conditions that preclude development in the planning period and the potential schedule for development. For example, the element should evaluate public comments and other information to evaluate the likelihood of redevelopment of these sites during the planning period. If zoning does not currently allow residential uses at appropriate densities, then the element must include programs to rezone sites pursuant to Government Code section 65583.2, subdivisions (h) and (i). In addition, the housing element must include a description of whether there are any plans to sell the property during the planning period and how the jurisdiction will comply with the Surplus Land Act (Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5).

City Response:

See Housing Element Program HE-I-1 and HE-I-3. An analysis of public comments and other factors has been expanded in relation to publicly owned sites as described in Appendix F. Specifically, Implementation Action HE-I-1.6 commits to completion of the Surplus Land Act (SLA) and other required processes for City-owned sites. Implementation Action HE-I-3 commits to coordination with the Pacifica School District and Jefferson Union High School District to complete the SLA process for school district-owned sites.

Implementation Actions HE-I-1.5, 1.6, and 1.11 commit to completion of the decertification process for Caltrans-owned sites within three years from the start of the planning period.

Exhibit B: Responses to HCD Findings – January 22, 2024 B-8 B.3.6
CalTrans Sites: The element identifies multiple CalTrans sites to accommodate a portion of the RHNA. The element should include additional information to determine that these sites will be available for residential development with the appropriate zoning and densities during the planning period. Additionally, the element should include a commitment to the decertification of any applicable Caltrans sites within three years from the start of the planning period and alternative actions if this does not occur (e.g., identify additional adequate sites) by January 31, 2026.

City Response:

See Housing Element Program HE-I-1 and HE-I-3. The analysis of Caltransowned sites has been expanded as described in Appendix F. Implementation Actions HE-I-1.5, 1.6, and 1.11 commit to completion of the decertification process for Caltrans-owned sites within three years from the start of the planning period. The program now includes timelines and backup actions.

B.3.7
Availability of Zoning: The element indicates that several sites that do not have appropriate zoning or densities to accommodate the RHNA (p. 12). As such, the element shows a shortfall of 1,039 units including 510 units for lowerincome households. While the element includes programs committing to rezoning sites (Program 1-1 General Plan and Zoning Amendments), because zoning was not in place at the start of the planning period (January 31, 2023), the element must include a program committing to housing element rezone requirements pursuant to Government Code section 65583.2 (h) and (i). As part of these rezoning requirements, the element must commit to establishing a minimum density of 20 units per acre (Gov. Code 65583.2 (h)). Please see the programs section of this review for additional information.

City Response:

See Housing Element Section 8, Programs HE-I-1 and HE-I-4, and Appendix F Section 9. Pacifica Sites List. The Element has been revised to ensure consistency with Government Code section 65583.2 and commits to establishing a minimum of 20 units per acre. Please see the revised organization and composition of the sites inventory, specifically tables 4, F-5, F7, and F-9 to F-12. See also the analysis included within Appendix F sections 6 and 7.

Exhibit B: Responses to HCD Findings – January 22, 2024 B-9 B.3.8
AB 725: For jurisdictions that are considered Metropolitan, the element must identify at least 25 percent of the remaining moderate and above-moderate RHNA on sites that allow at least four units of housing (e.g., four plex or greater) (Gov. Code, § 65583.2, subd. (c)(4)).

City Response:

See Appendix F, Section 8. Income Assumptions on RHNA Sites List. All (100%) of the moderate and above-moderate sites included in the housing element sites list allow for at least four housing units, ranging from 6 to 64 units. This complies with AB 725. See also the revised sites list and analysis in Appendix F, Section 8.

B.3.9
Availability of Infrastructure: The element states that “nearly” all housing sites have the most efficient infrastructure except two areas that will need additional analysis and that may impact the design and timing of the development (p. G30). Additionally, the element indicates that potential infrastructure constraints related to water pump stations, among other things, may impact a projects ability to reach maximum capacity. First, the element must specifically indicate if total infrastructure capacity (existing and planned) is available to accommodate the RHNA. Second, the element must include a program committing to actions and a timeline to make sufficient infrastructure available to accommodate the RHNA.

City Response:

See revised housing site inventory in Section 9. and Appendix F. See also Appendix G. The revised housing sites inventory significantly reduces the number of units in the Rockaway Pump Station catchment area from approximately 700 to approximately 180 units. Analysis, described in Appendix G, demonstrates that when combined with already planned capital improvements to replace all sewer main lines in the catchment area, there is no water pump infrastructure constraint to the development of the 180 units included in the inventory.

Zoning for a Variety of Housing Types:

B.3.10.A
• Emergency Shelters: Zoning to permit emergency shelters without discretionary action was required as part of the 4th cycle housing element and prior to the 5th cycle housing element. The element states that the City’s zoning regulations does not address emergency shelters (p. G-16) and the City will include a program committing to comply with Government Exhibit B: Responses to HCD Findings – January 22, 2024 B-10 Code section 65583, subdivision (a)(4).). Further, the City provided additional documentation indicating that the City’s definition of special care facilities includes people experiencing homelessness and is permitted byright for six or fewer persons. However, the City does not explicitly address emergency shelters and only allows by-right approvals for similar uses in limited circumstances (e.g., six of fewer persons). Additionally, because zoning for emergency shelters was supposed to be completed two planning periods ago and the time to identify appropriate zoning has lapsed, HCD cannot find the element in compliance until the appropriate zoning to permit emergency shelters without discretionary action is demonstrated or completed. For additional information, please see https://www.hcd.ca.gov/planning-and-community-development/housingelements/building-blocks/zoning-variety-of-housing-types.

As part of implementing zoning changes to permit emergency shelters without discretion, the City should address compliance with parking standards pursuant to Government Code section 65583, subdivision (a)(4)(A) and additional requirements regarding zoning, capacity and habitability pursuant to Chapter 654, Statutes of 2022 (AB 2339). For additional information and timing requirements, please see HCD’s memo at https://www.hcd.ca.gov/sites/default/files/docs/planning-andcommunity/ab2339- notice.pdf.

City Response:

See Appendix G, Ordinance 849-C.S. (Adopted December 11, 2023), and Housing Element Program HE-I-14. See also Appendix B.

After the publication of the Housing Element in May, 2023, the City of Pacifica adopted Ordinance 849-C.S. Emergency Shelters. This Ordinance expands the areas where an emergency shelter can be located and updates and clarifies procedures to ensure compliance with state law. Analysis of constraints to emergency shelters has been expanded and is included in Appendix G. See also Program HE-I-14 and table B-2 in Appendix B.

B.3.10.B
• Transitional and Supportive Housing: Transitional housing and supportive housing must be permitted as a residential use in all zones allowing residential uses and only subject to those restrictions that apply to other residential dwellings of the same type in the same zone. (Gov. Code, § 65583, subd. (a)(5).). The element notes that the City does not currently address supportive and transitional housing and includes Program HE 1- 14 (State and Federal Law Conformance) committing to address this housing type. However, the Program should be revised to amend zoning that specifically commits to permitting these housing types as a residential use and only subject to those restrictions that apply to other residential dwellings of the same type in the same zone pursuant to Government Exhibit B: Responses to HCD Findings – January 22, 2024 B-11 Code Section 65583 (a)(5).

City Response:

See Program HE-I-1, and HE-I-14. Further analysis has confirmed the City’s existing Zoning Ordinance does not classify transitional or supportive housing as a not-permitted use, nor does it impose any specific restrictions on these housing types. These programs commit to update the zoning code with respect to Transitional and Supportive Housing to conform to the Government Code requirements regarding the classification of these uses as permitted uses in all appropriate zoning districts. Further, Program HE-I-1 (13.b) commits to revise use and density descriptions regarding the term “Family” within the zoning regulations to ensure this is not a barrier to the creation of transitional or supportive housing.

B.3.10.C
• Accessory Dwelling Units (ADUs): After a cursory review of the City’s ordinance, HCD discovered several areas which were not consistent with State ADU Law. This includes, but is not limited to, definition of site, minimum landscaping requirements, parking, and subjective standards, among others. HCD will provide a complete listing of ADU non-compliance issues under a separate cover. As a result, the element should add a program to update the City’s ADU ordinance in order to comply with state law. For more information, please consult HCD’s ADU Guidebook, published in December 2022, which provides detailed information on new state requirements surrounding ADU development:
https://www.hcd.ca.gov/sites/default/files/2022-
07/ADUHandbookUpdate.pdf.

City Response:

See Housing Element Programs HE-I-4, HE-I-14. Housing Element Programs HE-I-4, HE-I-14 have been revised to include commitments for conformance with enacted legislation, at least 15 ADU planning applications per year, timeline specifics, and specific backup actions to kick in at a mid-cycle review if key metrics are not met.

B.3.10.D
• Single-Room Occupancy (SRO) Units: The element indicates that SROs are defined as a boardinghouse that includes lodging and meals. SROs provide a valuable source of affordable housing especially for persons experiencing homelessness and extremely low-income households. The element should analyze any occupancy standards, length of stay, and Exhibit B: Responses to HCD Findings – January 22, 2024 B-12 whether SROs are permitted as a residential use under the current definition. Based on complete analysis, the element may need to add or modify programs with a commitment to removing any potential constraints on the development of SROs. For additional information, please see:
https://www.hcd.ca.gov/planning-and-community- development/housingelements/building-blocks/zoning-variety-of-housing-types.

City Response:

See Housing Element Programs HE-I-9 and HE-I-14 and appendices C and G. The programs have been revised to include specific commitments related to SROs, and terminology definitions within the zoning code, including updating the definition of “boardinghouse” to explicitly indicate that it includes the SRO use, See also expanded analysis included in Appendices C (Section 18) and G (Section 2).

B.4

4. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures... (Gov. Code, § 65583, subd. (a)(5).) City Response:

Additional analysis has been provided in Appendix G, Section 2, regarding the types of uses described in the code sections referenced by HCD. Additional discussion on how the Element incorporates public comments on this topic has been added to Appendix A, Section 3. The programs below have also been revised:

1. Persons with disabilities, including developmental disabilities: See Policy HE-P-11, Programs HE-I-1, HE-I-5, HE-I-6, HE-I-9, and HE-I-12.

2. Multifamily rental housing: See revised Programs HE-I-2, HE-I-3 and additional analysis in Appendix C, Section 2.

3. Factory-built housing: See Program HE-I-14.

4. Mobile homes: See Policy HE-P-12, Programs HE-I-7 and HE-I-13.

5. Housing for agricultural employees: See Programs HE-I-1, HE-I-9, HE-I-12, and HE-I-14.

6. Supportive housing: See Programs HE-I-5, HE-I-10, HE-I-11, and HE-I-14.

7. Single-room occupancy units, See Programs HE-I-9 and HE-I-14 and response to comment B.3.10.D above.

8. Emergency shelters: See Ordinance 849-C.S., and Housing Element Exhibit B: Responses to HCD Findings – January 22, 2024 B-13 Program HE-I-14. See also Appendix B. and response to comment B.2 above.

9. Transitional housing: See Programs HE-I-11 and HE-I-14.

B.4.1
Land Use Controls (Parking): The element notes that one-bedroom multifamily units are required to provide 1.5 spaces per unit, including one garage or carport space (p. G-11). Requiring smaller bedroom types (e.g., one-bedroom units) to provide 1.5 parking spaces is considered a constraint. Additionally, the element must analyze covered parking requirements for impacts on cost, supply, housing choices, affordability and achieving maximum densities. The element must include a program committing to reducing parking requirements for smaller bedroom types (e.g., one space per one- bedroom unit).

City Response:

See Housing Element Program HE-I-1. See also HE-I-12, HE-I-14. Program commitments were revised to conform with the comment and make specific commitments to reduce parking as described in the program text.

B.4.2
Fees and Exaction: The element some general information regarding fees including total amount of fees and their proportion to the development costs for both single family and multifamily housing. However, a complete analysis must include a listing of all required fees for single family and multifamily housing development, including impact fees, and analyze their impact as potential constraints on housing supply and affordability. For additional information and a sample analysis and tables, see the Building Blocks at
https://www.hcd.ca.gov/planning-and-community-development/housingelements/building- blocks/fees-and-exactions.

City Response:

See Appendix G, Section 2. Additional analysis has been added to Appendix G and demonstrates the fees and exactions are not constraints on the development of housing units.

Local Processing and Permit Procedures:

B.4.3.A
• Multifamily Housing – The element indicates that multifamily housing is required to obtain a Site Development Permit and listed the required approval findings (p. G-23) illustrating constraints for multifamily Exhibit B: Responses to HCD Findings – January 22, 2024 B-14 development. For example, the approval findings require multifamily housing to meet several subjective criteria related to impacts on surrounding uses and character of the neighborhood. The approval findings also indicates that the applicant must meet both the City’s subjective findings in addition to the City’s design guidelines. Secondly, the element notes that 1) clustered housing including zero lot line projects and condominiums and 2) multifamily and mixed-use development in commercial zones are required to obtain both a Site Development and Conditional Use permits (CUP). However, several of the required CUP findings are similar to the site development permit findings. Lastly, the analysis noted that a typical multifamily project has a 9–24 month approval timeline (pg. G-22). The analysis demonstrated that 1) multifamily housing is subjected to a highly discretionary process with subjective findings and minimal guidance to promote certainty and objectivity 2) the City subjects some multifamily housing and other housing types to two types of processes that are subjective and potentially redundant of each other and 3) multifamily housing is subjected to a lengthy approval process. The element must include or modify a program addressing and removing or modifying the Site Development Plan and CUP (beyond objective standards) for multifamily housing in zones that are intended to permit multifamily housing (e.g., residential).

City Response:

See revised Programs HE-I-2, HE-I-3, and Appendix G for analysis. The Programs noted above have been revised to include: removal of subjective findings from the Site Development Permit (PSD) required for residential projects or mixed-use projects that include residential use; and removal of the requirement for approval of a Conditional Use Permit (UP) to authorize residential uses consistent with the General Plan, including but not limited to land use and density.

B.4.3.B
• Planned Development (PD) – The element described the general process for projects in the PD zoning, indicating that this process is highly discretionary (p. G-22). However, the analysis should clearly explain whether PDs are optional or required for areas intended for residential uses and whether there are established development standards prior to the approval of the PD. If the PD is mandatory in areas intended for residential uses without fixed development standards, the element should specifically evaluate these requirements for impacts on cost, supply, feasibility, and approval certainty of housing. Based on a complete analysis, the element may need to add or modify programs to address any potential constraints.

Exhibit B: Responses to HCD Findings – January 22, 2024 B-15 City Response:

See revised Programs HE-I-2, HE-I-3, and Appendix G for analysis. The programs have been revised to address potential constraints by requiring the following: the rezoning of properties that are undeveloped, designated in the General Plan for residential use, and zoned as P-D (Planned Development) to a non-P-D zoning classification aligned with their allowable use(s) and permissible densities in the General Plan in order to establish an approval process for these sites that does not require legislative approval by City Council (the Development Plan); and revisions to the criteria and findings associated with project approvals in the P-D zoning district to focus on objective standards compliance to streamline project review and approval for sites located in the HPD (Hillside Preservation District) overlay district that must be rezoned to PD.

B.4.3.C
• Permit Streamlining Act (PSA) and CEQA – The element should address public comments on this draft submittal and discuss compliance with the Permit Streamlining Act and intersections with CEQA and timing requirements, including streamlining determinations and add or modify programs as appropriate.

City Response:

See Program HE-I-2. Program text was revised to include an implementation action to initiate a standard operating procedure regarding the PSA and CEQA.

B.4.4
Inclusionary Housing: The element generally mentions the City’s inclusionary zoning ordinance, but it must also analyze the City’s inclusionary housing requirements, including its impacts as potential constraints on the development of housing for all income levels. The analysis should evaluate the inclusionary broader policy’s implementation framework, including the percentage of new residential construction that is dedicated to affordable housing, the types of options and incentives offered, relationships with State Density Bonus Law (SDBL) and any other factors that may impact housing costs.

Exhibit B: Responses to HCD Findings – January 22, 2024 B-16 City Response:

See Appendix G, Section 2. Appendix G has been revised to include expanded analysis on the inclusionary zoning ordinance and requirements. The analysis concludes that these are not a constraint to the development of housing units at all income levels.

B.4.5
On/Off-Site Improvements: The element must identify subdivision level improvement requirements, such as minimum street widths (e.g., 40-foot minimum street width), and analyze their impact as potential constraints on housing supply and affordability. For additional information and a sample analysis, see the Building Blocks at https://www.hcd.ca.gov/planning-andcommunity-development/housing- elements/building-blocks/codes-andenforcement-and-onsite-offsite-improvement- standards.

City Response:

See Appendix G, Section 2. Appendix G has been revised to include expanded analysis of subdivision level improvement requirements. The analysis concludes that these are not a constraint to the development of housing units or affordability.

Constraints on Housing for Persons with Disabilities:

B.4.6.A
• Reasonable Accommodation –The element briefly describes its reasonable accommodation procedures (p. G-16). However, the element should also describe the process and decision-making criteria such as approval findings and analyze any potential constraints on housing for persons with disabilities. Additionally, HCD understands that the City must make findings that the request would not cause impacts on surrounding uses and coastal zone resources. In addition to describing the reasonable accommodation process and listing the required approval findings, the element must analyze these findings for potential constraints on persons with disabilities.

Based on a complete analysis, the element may need to add or modify programs to remove any potential constraints.

City Response:

See Policy HE-P-4, Program HE-I-12, and Appendix G, Section 2.

Analysis on Reasonable Accommodation procedures has been expanded in Appendix G. Program text has been revised to include specific commitments and additional timelines related to reasonable Exhibit B: Responses to HCD Findings – January 22, 2024 B-17 accommodations.

B.4.6.B
• Group Homes of Seven or More Persons – The element notes that the City defines group homes for seven or more persons as a “special care facility” and that this use is subject to a discretionary use permit and must comply with a 500- foot spacing requirements. For your information, zoning should simply implement a barrier-free definition of family instead of subjecting, potentially persons with disabilities, to special regulations such as the number of persons, population types and licenses. These housing types should not be excluded from residential zones, most notably low-density zones, which can constrain the availability of housing choices for persons with disabilities. Requiring these housing types to obtain a special use or CUP could potentially subject housing for persons with disabilities to higher discretionary standards where an applicant must demonstrate compatibility with the neighborhood, unlike other residential uses.

As such, the element must include a program removing the spacing requirements and commit to allowing these uses in any zone that permits residential uses and only subject to those restrictions that apply to similar residential uses. Please see HCD’s for more info
https://www.hcd.ca.gov/sites/default/files/docs/planning-andcommunity/group-home-technical-advisory-2022.pdf.

City Response:

See Program HE-I-4 and Appendix G, Section 2. Analysis on potential constraints regarding Group Homes has been expanded in Appendix G.

Program text has been revised to remove the 500-foot spacing requirement and apply the same types of zoning standards to group homes with seven or more persons as would apply to other similar housing types in the same zoning district. The amended zoning code will expand beyond recent updates to the zoning code to clarify that seven or more individuals as described above living in a home would be a permitted use and not by itself be cause for application to the City for a use permit or license. The definition of family will be revised to conform with contemporary best practice, including clarification that family be defined as, “family or single housekeeping unit.”
B.5

5. An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a locality’s share of the regional housing need in accordance with Government Code section 65584... (Gov. Code, § 65583, subd. (a)(6).)
Exhibit B: Responses to HCD Findings – January 22, 2024 B-18 The element must analyze the length of time between receiving approval for a housing development and submittal of an application for building permits, and any local efforts to address or mitigate nongovernmental constraints such as reduced fees, financing for affordable housing or expedited processes. The analysis should address any hinderances on the construction of a locality’s share of the regional housing need and programs should be added or modified as appropriate.

City Response:

See Program HE-I-2. Program HE-I-2 has been revised to provide additional clarity and level of commitment to streamlining and expediting of processes for housing at all income levels. The program commits to streamline CEQA processing timelines, establish objective development standards to shorten application review processing timelines, streamline processing time by removing the requirement of a Conditional Use Permit (UP) in certain instances, and support applicants throughout the submittal process with expanded hours that building division staff are available.

B.6

6. Analyze existing assisted housing developments that are eligible to change to non-low- income housing uses during the next 10 years due to termination of subsidy contracts, mortgage prepayment, or expiration of use restrictions. (Gov. Code, § 65583, subd. (a)(9) through 65583(a)(9)(D).).

The element indicates the City has 101 affordable units with expiring affordability restrictions within the next eight years (e.g., 2025). The element must include an assessment of conversion risk and estimate and analyze the cost for replacing versus preserving the units. For more information on the analysis, please visit: https://www.hcd.ca.gov/planning-and-communitydevelopment/housing- elements/building-blocks/assisted-housing-developmentsrisk-conversion.

City Response:

See Appendix C., Section 9, Program HE-I-8. An assessment of conversion risk of the property has been expanded in Section 9 of Appendix C.

Additionally, Program HE-I-8 has been revised to clarify the City's response.

There is a low likelihood of conversion risk for the 101 units indicated in the comment above. The long track record of renewal in the Section 8 program, and limits to density and senior housing use requirements as described above, indicate it is highly unlikely the owner will opt to pursue such a path. As described above and in program HE-I-8 the city is committed to proactive outreach to minimize the risk of this occurring.

Exhibit B: Responses to HCD Findings – January 22, 2024 B-19 C.1
C. Housing Programs

1. Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Government Code section 65584.09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, singleroom occupancy units, emergency shelters, and transitional housing. (Gov.

Code, § 65583, subd. (c)(1).)
This above introductory statement does not require a response.

C.1.1
As noted in Finding B3, the element does not include a complete site analysis; therefore, the adequacy of sites and zoning were not established.

Based on the results of a complete sites inventory and analysis, the City may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types. In addition, the element should be revised as follows:

City Response:

See Housing Element Section 8. Housing Sites Inventory, Appendix F, and Program HE-I-1. The sites list organization and structuring of the sites list has been substantially revised. Analysis of the sites on the reorganized list has also been significantly expanded as discussed in Section 8 and in Appendix F. Additional program language has been added to program HE-I1 to demonstrate that each site included on the inventory in this draft is adequate for at least the number of units allocated.

C.1.2
Shortfall of Sites: As noted above, because zoning was not in place at the start of the planning period, the City is showing a shortfall of 1,039 units including 510 units for lower-income households. While the element included Program 1-1 (General Plan and Zoning Amendments) committing to rezoning to allow residential uses at appropriate densities to accommodate the RHNA, programs to address the lower-income RHNA must specifically commit to rezoning pursuant to Government Code sections Exhibit B: Responses to HCD Findings – January 22, 2024 B-20 65583, subdivision (c)(1) and 65583.2, subdivisions (h) and (i). Examples of requirements include permitting, without discretionary action, multifamily developments in which 20 percent or more of the units are affordable to lower-income households, requiring minimum densities and residential performance standards. For more information, please see HCD’s site inventory guidance memo: https://www.hcd.ca.gov/communitydevelopment/housingelement/docs/sites_inventory_memo_final06102020.pdf.

Additionally, since the City failed to adopt a compliant housing element within 120 days of the statutory deadline (January 31, 2023), all rezones to accommodate the RHNA must be completed no later than one year from the statutory deadline. As such, Program 1-1 (General Plan and Zoning Amendments) to accommodate a shortfall and rezones to address prior identified sites must be completed no later than one year from the statutory deadline.

City Response:

See Program HE-I-1. The program has been revised to commit to all required rezonings and specific timelines have been added or revised.

C.1.3
Program HE-1-4 (Accessory Dwelling Units (ADUs)): This Program commits to various actions to facilitate the development of ADUs.

However, given the City’s reliance on ADUs, the element must include a commitment to adjusting projected assumptions if the number of units and affordability do not actualize during the planning period.

Specifically, the degree of additional actions should be in stride with the degree of the gap in production and affordability. For example, if actual production and affordability of ADUs is far from anticipated trends, then the element must commit to amending the housing element, identifying additional sites, and rezoning within a timely manner (e.g., within six months).

City Response:

See Program HE-I-4. The program has been revised and a backup action has been added. It now includes commitments for a mid-cycle review and if a gap is identified also commits to identification and rezoning of additional sites if that gap cannot already be accommodated within in the buffer sites.

C.1.4
Exhibit B: Responses to HCD Findings – January 22, 2024 B-21 Publicly Identified Sites: While the element included Program 1-1 (General Plan and Zoning Amendments) and 1-3 (Public Land Planning), these programs may need to be revised based on a complete sites analysis (see above finding). Additionally, while these programs commit to outreach and issuing requests for proposals (RFP), actions need to be revised with additional actions, firm commitments, discrete timelines, and quantifiable metrics. The element should also include specific actions, as needed, to making the Caltrans sites available during the planning period. Additional actions to facilitate development should include commitments to compliance with the Surplus Land Act, annual outreach with developers, rezoning and financial assistance, issuing requests for proposals, facilitating any subsequent entitlements, and numerical objectives by affordability.

City Response:

See Programs HE-I-1 and HE-I-3 and Appendix F. Program text has been revised to include additional commitments, timelines, metrics, and backup actions for publicly owned sites, including Caltrans sites remining on the inventory. Appendix F, Section 7 discusses each individual site in greater detail.

C.2

2. The Housing Element shall contain programs which assist in the development of adequate housing to meet the needs of extremely low-, very low-, low- and moderate- income households. (Gov. Code, § 65583, subd. (c)(2).) The element includes general commitments to addressing various special needs populations. However, given the importance of farmworkers and the local and regional needs, the element must include specific actions to addressing this population.

Examples of actions could include proactive outreach with developers and the community, identifying potential sites, provide incentives (e.g., expediated permitting, flexible development standards, gap funding, fee waivers), and applying for state and federal funding.

See Programs HE-I-5, HE-I-9, HE-I-12, and HE-I-14 and Appendices B, C, F, and E. Program text has been revised to include additional actions related to farmworker and agricultural employee housing. Specifically, several provisions of HE-I-9 that had been proposed for further consideration are now made as commitments. A new section (18) has been added to Appendix C analyzing housing need for this important population.

Appendix F, Section 7 has been expanded to include greater detail on each relevant site in greater detail and Appendix E includes additional relevant housing resources information and analysis.

Exhibit B: Responses to HCD Findings – January 22, 2024 B-22 C.3

3. Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. (Gov.

Code, § 65583, subd. (c)(3).)
As noted in Findings B4 and B5, the element requires a complete analysis of potential governmental and nongovernmental constraints. Depending upon the results of that analysis, the City may need to revise or add programs and address and remove or mitigate any identified constraints.

In addition, Program HE 1-2 (Zoning and Streamlining) identifies various changes to development standards and other process to the facilitate development of housing. However, several of the actions state that the City “will consider” addressing and implementing including increasing heights, reducing parking, modifying densities standards, changes to the City’s definition of family, etc., Given the importance and need of several of these actions, the element should be revised to affirmatively commit to these changes.

City Response:

See Housing Element Section 10. Fair Housing Plan and Programs HE-I-1, HE-I-4, HE-I-6, HE-I-9, and HE-I-12. The document has been revised to include additional analysis and program commitments regarding governmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. Programs have also been revised to remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. The actions in this plan directly respond to the updated analyses in Appendix C – Special Housing Needs and Appendix D – Assessment of Fair Housing. In addition, constraints listed above are analyzed in the Housing Element Section 9. Housing Constraints and Appendix D – Assessment of Fair Housing. Programs were also modified throughout to address potential fair housing issues for contributing factors that are described in the fair housing analysis. Program HE-I-2 (Zoning and Streamlining) affirmatively commits to changing standards and other process to the facilitate development of housing, including increasing heights, reduced parking, modifying densities standards, and changes to the City’s definition of family.

Exhibit B: Responses to HCD Findings – January 22, 2024 B-23 C.4

4. Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics... (Gov. Code, § 65583, subd. (c)(5).)
Goals, Priorities, Metrics, and Milestones: Goals and actions must specifically respond to the analysis and to the identified and prioritized contributing factors to fair housing issues and must be significant and meaningful enough to overcome identified patterns and trends. Actions must have specific commitment, metrics, and milestones as appropriate and must address housing mobility enhancement, new housing choices and affordability in high opportunity areas, place-based strategies for community preservation and revitalization and displacement protection. Additionally, quantified metrics that target beneficial impacts for people, households, and neighborhoods (e.g., number of people or households assisted, number of housing units built, number of parks or infrastructure projects completed).

Lastly, the City is considered a majority racially and concentrated area of affluence (RCAA). Therefore, the element must include significant and meaningful programs (beyond the RHNA) that target RCAA and relatively higher income neighborhoods to enhance housing mobility and provide housing choices and affordability throughout the City.

City Response:

See Housing Element Section 10. Fair Housing Plan and Programs HE-I-1, HE-I-4, HE-I-6, HE-I-9, and HE-I-12. Program language has been strengthened regarding affirmative marketing strategies for affordable housing units located within RCAAs to market units to lower income households by developing standard City-required marketing activities by housing developers for new or available BMR or low-income units to increase the chances of people, including families with children, outside the RCAA to learn about affordable housing opportunities within the RCAA. The actions in this plan directly respond to the updated analyses in Appendix C - Special Housing Needs and Appendix D – Assessment of Fair Housing.

D. Quantified Objectives
D.1
Establish the number of housing units, by income level, that can be constructed, rehabilitated, and conserved over a five-year time frame. (Gov.

Code, § 65583, subd. (b)(1 & 2).)
While the element includes quantified objectives for new construction, it currently targets no objectives for housing rehabilitation and should be revised Exhibit B: Responses to HCD Findings – January 22, 2024 B-24 accordingly. In addition, the element could increase its housing conservation and preservation objectives accordingly.

For your information, conservation objectives may include the variety of strategies employed by the City to promote tenant stability, code enforcement, naturally affordable housing, and the preservation of units at-risk of conversion to market rate use.

City Response:

See Housing Element Program HE-I-8. The program was modified to include an expanded rehabilitation program. The quantified objectives summary and analysis were revised to include rehabilitation as described in Section 14.

Quantified Objectives.

E. Consistency with General Plan
E.1
Coastal localities shall document the number of low- and moderate-income units converted or demolished, and the number of replacement units provided. (Gov. Code, § 65588, subd. (d).)
The element analyzes the housing stock in the coastal zone. Specifically, the element stated that 57 housing units were demolished within the coastal zone between 2015-2022 due to an emergency natural disaster. In conversations with the City, it was noted that the City was not able to identify the number of lower-income renters in these units due to the emergency and that the owner generally did not maintain the property including complying with building codes.

Furthermore, the City noted that while these units were not deed-restricted, anecdotal information indicates that there were a number of lower- and moderate -income households living in these units. The element should include a program committing to actions that preserve coastal housing units for lowerand moderate-income households. This Program could commit to annual monitoring, commitment to complying with replacement requirements and proactive noticing and outreach to non-profits and service providers in the event that future coastal housing is at-risk.

City Response:

See Housing Element Program HE-I-8. The element was revised to include a proactive property identification program whereby the City’s code enforcement staff would identify properties in need of significant maintenance to assist with property rehabilitation. The program also commits to updating its operating procedures to require income levels of occupant income levels prior to the Exhibit B: Responses to HCD Findings – January 22, 2024 B-25 issuance of any permit for demolition of residential units or conversion to nonresidential uses within the Coastal Zone.

End

EXHIBIT C
2023-2031 HOUSING ELEMENT OF THE GENERAL PLAN AS APPROVED BY

THE CITY COUNCIL
(TO BE INSERTED UPON ADOPTION OF RESOLUTION)