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MEMORANDUM
TO: Mayor and City Councilmembers
FROM: Housing Update Team
DATE: July 22, 2022
SUBJECT: Point Arena City Council Study Session on Housing Update (July 26, 2022) I. BACKGROUND
On April 26, 2022, the Point Arena City Council awarded a contract to North Coast Community Planning (NCCP) for consulting services to prepare a Local Coastal Program (LCP) amendment that focuses on housing-related issues with the goal of encouraging more housing in the City.
NCCP has teamed with Planwest Partners, Inc. and Hummingbird Consulting for completion of this project. The "Scope of Work" from NCCP's contract is included as Attachment A to this memorandum.
Work to date has focused on the first three tasks identified in Attachment A:
▪ Project initiation and background research
▪ Community engagement
▪ Technical analysis & mapping
The first Community Workshop was held via Zoom on June 21, 2022 and was attended by 35 people. Links to the video and audio recordings of the workshop are available on the Housing Update page of the City's website at: https://pointarena.ca.gov/housing/. A summary of the presentation and comments received at the first Community Workshop is included as Attachment B to this memorandum.
The Housing Update page on the City's website includes information regarding upcoming events, a link to sign up for emails regarding the Housing Update, documents related to the Housing Update process, and background materials.
II. PURPOSE OF CITY COUNCIL STUDY SESSION
The City Council Study Session is intended as an opportunity for the City Council to:
1. Collectively review comments received at the Community Workshop (Attachment B) and in correspondence (Attachment G), and to receive public input;
2. Receive recommendations from the consultant team and to develop consensus regarding a refined scope for the LCP Amendment and Housing Update project; and
3. Review the draft Community and Property Owner surveys prior to their finalization and distribution.
Attachment C identifies programs in the City's 2019 Housing Element that can be addressed in the Housing Update. The "Priority" column of the table identifies programs that are a high priority - 2 -
in response to recent State legislation. For programs without an identified priority, the consultant team seeks Council input as to whether (a) there is clear Council consensus on the item and it should be identified as a high priority; or (b) the item should be identified needs additional discussion to develop consensus; or (c) the item is a low priority.
Attachment D provides a summary of State housing laws that have been enacted or taken effect since the 2019 Housing Element Update. The summary includes recommendations for policy and regulatory changes to respond to the new and amended State housing laws. Attachment E presents a table summarizing the recommendations that are aligned with the Scope of Work for the Housing Update. Items that are identified as High priorities are ones which involve zoning or other regulatory modifications that should be incorporated into the Housing Update. Items identified as Medium or Low priorities are ones that the consultant team recommends be addressed if sufficient budget remains once all High priority items are addressed.
In addition, the team is seeking Council input on drafts of a Community Survey (Attachment F) and a Property Owner Survey (Attachment G). The surveys will be administered in August and September and preliminary results will be reported out at a Community Workshop in October with the final analysis and report presented to the City Council at a Study Session in November.
III. DISCUSSION OUTLINE FOR CITY COUNCIL STUDY SESSION (JULY 26, 2022)
1. Receive summary of Community Workshop comments
2. Receive consulting team recommendations:
a. Updates to respond to State housing laws
b. Updates to implement Housing Element programs
c. City directed items
i. AFFH - facilitating
d. Other items
▪ Simplifying applications
▪ Streamlining permitting procedures
▪ Reorganizing/reformatting Zoning Code to make it user-friendly and webaccessible
3. Public comments
4. Councilmember discussion
5. Review Community Survey and Property Owner Survey
6. Public comments
7. Councilmember discussion
8. Wrap-up
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IV. ATTACHMENTS
A. NCCP Scope of Work
B. Summary of June 21, 2022, Community Workshop
C. Recommendations based on Housing Element programs
D. State Housing Law Changes Since Point Arena's 2019 Housing Element Update E. Recommendations based on Housing Laws
F. Community Survey (DRAFT)
G. Property Owner Survey (DRAFT)
H. Correspondence received:
▪ 6-21-22 email from Kevin Polk
▪ 6-25-22 letter from Eric Dahloff
▪ 6-27-22 email from Kirsten Tanner
▪ 6-30-22 email from Lena Bullamore
▪ 7-19-22 "Thoughts & Answers to Point Arena Community Questions" from South Coast Organizing for Radical Equity (SCORE)
Attachment A - 1
ATTACHMENT A
SCOPE OF WORK
This proposed scope of services for the Point Arena LCP Amendment project is based on the Request for Proposals and other relevant public documents. It is premised on the following key assumptions:
➢ Funding for the LCP Amendment is from three grant programs (SB 2; Local Early Action Planning, and Regional Early Access Planning) - all of which focus on housing-related issues. Consequently, the proposed work plan prioritizes advancement and implementation of policies and programs identified in the City's adopted Housing Element including the need to:'
o update regulations for Accessory Dwelling Units;
o modify Highway Commercial district regulations;
o remove barriers to development of both single- and multi-family housing; and o address special needs housing.
➢ The City's General Plan was prepared with substantial community input in the early 1990's.
It was adopted in 1995, updated in 2001, and portions of it were included in the City's certified LCP in 2006. Despite the passage of time, the General Plan's vision and policy framework remain largely relevant. The work plan assumes that substantive General Plan amendments will be focused primarily on policy amendments necessary to support updates to the City's housing programs. The Housing Element will not be updated since it was adopted in 2019 and its next mandatory update is in 2027. ➢ The work plan also includes tasks to "clean up" the General Plan so that it can serve as the community's foundational land use document for the next 20 years. This would involve reformatting and rearranging text and policies to make the document more user-friendly and accessible. In addition, the work plan includes tasks to:
o identify ways to streamline permitting processes with an eye towards establishing ministerial and administrative procedures for routine development applications; o reformat and reorganize the Zoning Ordinance to make it more user-friendly and digitally accessible; and
o address inconsistencies and ambiguities within the Zoning Ordinance. ➢ In 2006, the Coastal Commission certified the City's LCP which was comprised of portions of the General Plan, the entire Zoning Ordinance and the City's Second Dwelling Unit Ordinance. Modifications to these documents will require certification of an LCP Amendment by the Coastal Commission. This can be a time-consuming and arduous process even with early consultation and close coordination with Coastal Commission staff. NCCP strongly recommends that the City focus its LCP Amendment and make every effort to avoid opening up the entire certified LCP for revision. A comprehensive LCP update effort would far exceed the available funding.
Attachment A - 2
ATTACHMENT A
➢ The RFP identifies the City's interest in addressing climate change adaptation and sea level rise - key priorities of both the State and the California Coastal Commission. NCCP recommends that the City confirm that such work would be eligible for reimbursement under one or more of the existing three grants. If it's not, NCCP recommends that the City seek funding from the California Coastal Commission's LCP Local Assistance Grant Program (targeted, non-competitive rolling grant set-aside) for this work effort.
TASK 1. PROJECT INITIATION & BACKGROUND RESEARCH
Consultants will participate in a kick-off meeting with City staff to discuss expectations and concerns and to review key issues, information needs, work products and the schedule. Consultants will identify data needs and conduct a full review of all available information related to the LCP Amendment effort including the Point Arena General Plan, Zoning Ordinance, Municipal Code, Housing Element, applicable ordinances, documentation regarding water and sewer capacity, and other relevant planning documents.
Task 1 Deliverables: Revised project schedule; memorandum outlining additional information or data needed to fill in any identified gaps.
TASK 2. COMMUNITY ENGAGEMENT
Consultants will facilitate a robust community engagement process to obtain input regarding the scope and content of the LCP Amendment. The community process is intended to ensure that people have plenty of opportunities for meaningful, timely, and informed participation from the beginning to the end of the LCP Amendment process. This proposal includes the following community engagement forums:
A. Community workshop #1 - Initial scoping. The intent of this workshop is to share information with the public regarding the LCP Amendment process and its essential components, and to solicit input regarding community priorities, concerns, ideas and opportunities.
B. City Council study session - Refine the scope of the LCP Amendment. This study session will provide an opportunity for the City Council to synthesize input gained from the first community workshop and to receive recommendations from consultants and staff. The goal is for the City Council to develop consensus regarding a refined scope for the LCP Amendment.
C. Consultations with agencies and tribes. Consultants will prepare notifications to regulatory agencies seeking input, arrange for in-person meetings with Coastal Commission staff, and coordinate the formal tribal notification process in accordance with AB 52.
Attachment A - 3
ATTACHMENT A
D. Community survey. Consultants will prepare and administer a community survey, compile and analyze the results, and present the findings to the City Council. The scope and content of the survey will be determined based on initial community input.
E. Community workshop #2 - Check-in session. At this workshop, Consultants will provide a progress update on the various components of the LCP Amendment, respond to questions, receive comments and suggestions, and listen to what community members have to say.
F. City Council study session #2 - Provide direction to consultants. This study session will provide an overview of each component of the LCP Amendment and will identify key decision points. Alternatives/options for consideration will be discussed. The goal is for the City Council to provide direction to staff and the consulting team, where possible, and to identify areas where additional information, analysis or options should be brought back for further consideration.
G. City Council study session #3 - Provide direction to consultants. This study session will focus on specific components of the LCP Amendment that were flagged in study session #2 as meriting additional discussion and deliberation.
H. Community workshop #3 - Check-in session. At this workshop, "final drafts" of the various components of the LCP Amendment will be presented in an informal setting to enable members of the community to understand the details of what will be moving forward to the City Council for the formal public hearing process. Comments and suggestions will be received and modifications and/or course corrections may be made prior to Council hearings.
I. City Council hearing(s). The various components of the LCP Amendment will be assembled for City Council review and acceptance. The Council will conduct duly noticed public hearing(s) to receive staff reports and recommendations, accept public comments, and, ultimately, to take action directing staff to submit the LCP Amendment to the Coastal Commission for certification.
J. City Council study session #4. Depending on the scope and complexity of the LCP Amendment, the process of responding to Coastal Commission staff requests for information and comments can take several months to complete. During this time, Commission staff will prepare "suggested modifications" to the City's proposed LCP Amendment. Consultants will provide a progress report to the City Council towards the end of this process to gauge Council concurrence as to the acceptability of the "suggested modifications." This is the point in the process where the City may need to push back on Coastal Commission modifications to the LCP Amendment.
K. Coastal Commission hearing. Once Coastal Commission staff has accepted the City's LCP Amendment as complete and prepared their staff recommendation, the Coastal Attachment A - 4
ATTACHMENT A
Commission will conduct a public hearing to receive public comments on the LCP Amendment before taking action to certify the amendment with "suggested modifications."
L. City Council hearing. Following Coastal Commission certification, the LCP Amendment will be brought back to the City Council with the "suggested modifications" for a public hearing and formal adoption by the City Council. Adoption of the General Plan amendments will be by resolution and adoption of the Zoning Ordinance amendments will be by ordinance.
Task 2 Deliverables: Consultants will prepare draft notices and recommendations for City staff regarding community outreach at every stage of the process. Consultants will provide content and on-going updates for a special City webpage to provide easy access to documents and information regarding the LCP Amendment process. Presentation materials will be provided for each workshop, study session, and public hearing. Summaries will be prepared after each community engagement event.
TASK 3. TECHNICAL ANALYSES & MAPPING
Consultants will prepare the technical analyses that are necessary to analyze and develop options and recommendations for policy and regulatory changes in the LCP Amendment. The precise scope of these analyses may be adjusted as the scope of the LCP Amendment is refined. It is anticipated that this task will include preparation of the following studies:
o Existing development & potential buildout calculations o Inventory of vacant & underutilized land
o Inventory of visitor serving facilities
o Demographic summary based on 2020 Census
o Wastewater capacity analysis
o Water capacity analysis
o Downtown parking inventory and demand analysis
o Analysis of compliance with State Housing Laws (Accessory Dwelling Units, density bonus laws, Employee Housing Act, AB 2162, AB 101, no net loss requirements, etc.) o Analysis of compliance of subdivision ordinance with requirements of the Subdivision Map Act
o Analysis of procedural and regulatory barriers to residential development o Compilation and analysis of proposed changes to Zoning Ordinance identified in City's 2019-2027 Housing Element
Depending on the ultimate scope of the LCP Amendment, it is possible that additional technical studies may be required necessitating additions to the project team of traffic engineers, biologists, noise consultants, air quality/GHG emissions consultants, geotechnical engineers, etc. If such studies are determined to be necessary, NCCP will coordinate with City staff regarding the scope and procurement of such services and accompanying contractual/budget amendments.
Attachment A - 5
ATTACHMENT A
Task 3 Deliverables: Consultants will compile and prepare the analyses listed above, including maps where appropriate. Additional analyses will be prepared as necessary. All analyses will be submitted to City staff for review as administrative drafts and revised as necessary. Analyses will be compiled in a Technical Appendices document.
TASK 4. PREPARATION OF PROPOSED GENERAL PLAN AND ZONING
AMENDMENTS
Based on background studies and investigations, as well as the Community Engagement process outlined in Task 2 (above), Consultants will prepare a comprehensive set of amendments to the Point Arena General Plan and Zoning Ordinance to implement the priority policy objectives identified by the City Council. Consultants will prepare summary documents for each proposed component of the LCP Amendment. These summaries will identify recommendations, alternatives, etc. Once direction is received from the City Council, draft policy and implementation language will be prepared, reviewed and finalized for public review. This task also includes work necessary to reorganize and reformat the City's General Plan and Zoning Ordinance to make them more user-friendly and web accessible.
Task 4 Deliverables: Summary documents; draft policy and implementation language; draft hearing notices; style sheets, revised table of contents, etc. for revised General Plan and Zoning Ordinance.
TASK 5. COMPILATION OF LCP AMENDMENT APPLICATION AND
COORDINATION WITH COASTAL COMMISSION STAFF
Consultants will assemble the LCP Amendment application for submittal to Coastal Commission.
Following submittal, Consultants will serve as liaison between City and Coastal Commission staff - preparing additional information and analysis, suggesting possible modifications to address Commission concerns, and ensuring ongoing communication with City staff and the City Council regarding the status of the Coastal Commissions review process.
Task 5 Deliverables: LCP Amendment application package; regular status update memos to City Manager and City Council
Attachment A - 6
ATTACHMENT A
TASK 6. FINAL PROCESSING OF LCP AMENDMENT
After Coastal Commission certification of the LCP Amendment, Consultants will prepare documentation for final City adoption of the LCP Amendment, as certified by the Coastal Commission. The resolution for adoption of the General Plan amendments and ordinance for adoption of the Zoning Ordinance amendments will be brought forward to the City Council for a public hearing and final action.
Task 6 Deliverables: Draft hearing notices will be submitted to City staff; resolutions and ordinances will be prepared for review the City Attorney, draft staff report and presentation materials will be prepared. Following adoption, final documentation will be prepared for submittal to Coastal Commission for the final Executive Director check-off process.
Attachment B - 1
ATTACHMENT B
Community Workshop #1 - SUMMARY
June 21, 2022
OUTLINE OF PRESENTATION BY CONSULTANT TEAM:
1. Introductions
▪ North Coast Community Planning
▪ Planwest Partners, Inc.
▪ Hummingbird Consulting
2. Objectives of Housing Update
▪ More housing, especially affordable housing
▪ Special needs housing
▪ Varied types of housing
▪ Maintenance/rehab of substandard housing
▪ Streamline permitting
▪ Clean-up/reformat Local Coastal Program (LCP)
3. Housing Element Goals
▪ Increased affordable housing
▪ Preserve existing housing
▪ Coordinate with housing developers and non-profits
4. Housing Element Strategies
▪ LCP and Zoning Updates- revisit allowable densities
▪ Create housing informational materials
▪ Build upon existing housing partnerships and programs ▪ Focus on education and outreach; financial and procedural incentives; Zoning Code updates
5. Community Outreach timeline
▪ Community workshops; Community Survey; Council study sessions; public hearings ▪ Submit LCP amendment to Coastal Commission next spring
6. Questions for Public Input
▪ What would success for the Housing Update look like in 5 to 10 years? ▪ What are your biggest concerns for Point Arena’s future? ▪ What are obstacles to housing development in Point Arena? ▪ Are there specific topics we should focus on?
▪ Are there "sacred cows” that we should protect?
▪ Ideas about who we should be reaching out to?
▪ Theories that we should test with the Community Survey? ▪ Creative housing solutions?
▪ Any other feedback?
7. How to Stay Informed
▪ Visit “Housing Update” page on City’s website: https://pointarena.ca.gov/housing/ ▪ Sign up for City’s email list (click button on Housing Update page) ▪ Follow the City on social media (Facebook and Instagram) ▪ Read the Independent Coast Observer
▪ Talk with City Councilmembers
▪ Reach out to Linda Ruffing via email, with questions, comments, suggestions, etc. [email protected]
Attachment B - 2
Community Workshop #1 - SUMMARY
June 21, 2022
SUMMARY OF PUBLIC COMMENTS:
▪ Affordable housing is a serious problem, not just in Point Arena but for the entire South Coast and beyond.
▪ Action Network (Thais Mazur) would like to assist with Community Survey. Can serve as point of contact for Spanish-speaking residents. Can post announcements on website and social media. Bilingual outreach is key.
▪ Schools, service industries are suffering due to housing constraints. Need workforce housing, homeless housing, housing for caregivers.
▪ Mendonoma Health Alliance (Micheline White) is administering community health and wellness survey.
Housing has emerged as a top priority. Can help get word out about Community Survey. Their data coordinator may have insights to share re: survey structure and administration. Will share early results of community needs assessment. Have survey data, focus group data and will hold interviews with key informants.
▪ Concerns about housing "scammers." Need affordable housing for seniors. ▪ Interest in creating regional solutions, looking beyond the boundaries of Point Arena. ▪ Concerns about LLC buying up properties in Point Arena. Can City's corporate personhood law address this?
▪ Need codes to support natural-built housing, co-housing, other types of community-based housing. ▪ What is definition of low-income housing?
▪ Most recent housing project in Point Arena has rents priced at $2,500 and up. ▪ South Coast Organizing for Radical Equity (SCORE; Olivia Ford, Lani Bouwer) is interested in helping to get the Community Survey out.
▪ Make ADUs more accessible and easier to develop.
▪ Revisit City's short-term rental ordinance. Only allow one short-term rental per property and require property owner to live on property.
▪ Find ways to incentivize long-term rentals.
▪ Consider rent control ordinance; rent stabilization so when rentals turn-over - rent cannot be exponentially increased.
▪ Concerns about LLC illegally increasing rents and evicting people. ▪ How can City work with County to ensure enforcement of State housing laws? ▪ Need housing for teachers, health care workers.
Attachment B - 3
Community Workshop #1 - SUMMARY
June 21, 2022
▪ Issues with County's permitting process; contradictory information, unclear procedures, costprohibitive. ▪ Need affordable housing for MCSO resident deputies on South Coast. Living out of travel trailers does not establish permanency.
▪ Point Arena Village Apartments provide essential affordable housing. Apartments are in need of mold and mildew remediation.
▪ Look at conversion of commercial structures to housing (like Giannini building). ▪ Provide information and support to people interested in becoming landlords. How to create a rental unit; how to keep tenants from trashing it; financial assistance; support group to share information/bolster confidence.
▪ Streamline permitting process; provide pre-approved building plans and know costs associated with building.
▪ Have folks from Housing Action Team (HAT) in Fort Bragg come talk to people on the South Coast about how to convert a garage, rent without a lot of money, keep people from trashing your house. Action Network could host a meeting with them.
▪ Consider example of Bill Hay's housing project (22 units) at the bottom of Hathaway Crossing that was unable to be built. Need to make it easier to build affordable housing. Hook into existing utilities; reduce setbacks; allow ADUs.
▪ Develop housing on City lot next to Hillmer subdivision. 3 units per lot with single sewer, water, electric hook-up.
▪ Solutions to housing crisis extend beyond the city limits. Should look at entire South Coast. ▪ Convert vacant buildings in downtown into housing.
▪ Concerns about LLC buying up property.
▪ Lack of housing affects quality of life on coast for everyone - not just those struggling to find housing.
RCMS cannot find clinicians, nurses and other staff due to lack of housing. Results in degradation of service and quality of life for everyone.
▪ Consider both long-term and short-term solutions. Work together as a community. ▪ Provide income- and need-based subsidies for rental housing. ▪ Consider restricting housing sales by requiring that a certain percentage be sold to locals or to people who plan to live here.
▪ Convert single family residences to multi-family residences. ▪ Convert vacant businesses on Main Street into housing.
Attachment B - 4
Community Workshop #1 - SUMMARY
June 21, 2022
LINKS POSTED ON THE ZOOM CHAT:
Link to Mendonoma Health Alliance survey for Community Health and Wellness Assessment:
https://www.surveymonkey.com/r/QDW7TQC
Interesting article about how Crested Butte, CO approached housing crisis:
https://www.outsideonline.com/culture/essays-culture/how-to-save-a-ski-town-west-tourismeconomy/?utm_source=outside&utm_medium=email&utm_campaign=onsiteshare Link to recent Mendocino County Planning Commission discussion regarding short-term rentals in inland Mendocino County (Item 8A starts at about 2:01; also Item 6A at 1:28 is regarding a vacation rental permit that was denied):
https://www.youtube.com/watch?v=xAXPhD_TmdA&t=6246s
For information to help new landlords and resources re: State housing laws and tenants' rights, call SCORE's housing "warmline" at (707)397-5411
Housing Action Team (in Fort Bragg) website:
https://www.hatmendocoast.org/
Attachment C - 1
ATTACHMENT C
2019 Housing Element Programs that Require Zoning Amendments Note: At the July 26th City Council Study Session, the Council will be asked to provide direction on the items in the following table that have no recommendation by considering whether each item should be:
▪ Identified as a high priority item for which there is established Council consensus; or
▪ Identified as an item which needs additional discussion to develop consensus; or
▪ Identified as a low priority item.
Program # Description Priority
1-1.9 Council will explore implementation of Class K
housing types and zoning for tiny houses.
1-3.1 Update the City’s Accessory Dwelling Unit
Ordinance to comply with State regulations
(Govt. Code §65852.2).
High priority- required by law
1-3.2a Amend Zoning Ordinance to allow live-work
spaces and single room occupancy (SRO) units in
HWC and C Zoning Districts.
1-3.2b Clarify that transitional and supportive housing is subject to the same zoning regulations that apply
to similar housing types in the same zone,
including zones that allow for residential uses.
High priority- required by law
1-3.3 Permit multifamily applications in HWC zone
without a use permit if developer proposes to
construct 20% or more of the units as deedrestricted affordable for a period of twenty years or more.
Look into the feasibility of adding commercial
core (C) zone to this program by 2023, and if
feasible implement by 2024.
1-3.4 Discourage housing unit conversion to other uses
by amending the City Zoning Ordinance to
require one-for-one replacement of units
demolished or converted to a non-residential
use, other than “coastal dependent” or “coastal
related” uses (per Govt. Code § 65590 and §
65583.2(g)(3))
High priority- required by law
1-3.5 Create and implement written reasonable
accommodation procedures in compliance with
High priority- required by law
Attachment C - 2
Program # Description Priority
1988 Federal Fair Housing Amendments Act and
California’s Fair Employment and Housing Act.
1-3.6 Explore the feasibility of amending the Zoning
Ordinance to require that planned developments
include 20% low and moderate-income units and
provide 1 unit for 4+ person households per
development. If determined feasible the City will
implement Zoning Ordinance amendment.
1-3.7 Develop Inclusionary Housing Ordinance per GC §
65590(d) which requires housing development
projects in Coastal Zone to include low-income
units.
High priority- required by law
1.3-8a Make residential unit development allowances in
AE and HC zones for farmworker and VSF owner
and/or manager housing.
1.3-8b Check Zoning Ordinance for Employee Housing
Act compliance, specifically H&SA § 17021.5 and
§ 17021.6, and if needed, update the Zoning
Ordinance to be compliant with current EHA
regulations.
High priority- required by law
1-3.9 Amend the Zoning Ordinance to assure that a
pertinent housing development information,
such as allowable uses and densities, are
contained in one place.
High priority
1-3.10 Revisit the residential parking standards outlined in the zoning code and hold City Council study
session to explore idea of reducing required
parking to one parking space per dwelling unit for
both single family residences in residential zones,
and all units in all zones.
1-3.11 Revise zoning code to allow mobile homes and
manufactured homes in the MR, C, AE, and HC
zones as a permitted use
1-3.12 Revise zoning code regarding shared living/
supportive housing. The zoning code must allow
for shared living of six or fewer people the same
as single family residences. Review existing City
processes for compliance with AB 2162. Revise
zoning codes/processes to allow supportive
housing by right in zones where multifamily and
mixed uses are permitted, including nonresidential zones permitting multifamily uses for projects that meet specified criteria.
High priority- required by law
Attachment C - 3
Program # Description Priority
1-3.13 Review and revise the City’s process to comply
with AB 101 that requires when a Low Barrier
Navigation Center meets specified criteria, it
must be allowed by-right in areas zoned for
mixed uses and nonresidential zones permitting
multifamily uses.
High priority- required by law
Attachment D - 1
ATTACHMENT D
State Housing Law Changes Since Point Arena’s
2019 Housing Element Update
The following report identifies substantive changes to State housing law since the City of Point Arena’s Housing Element was adopted and certified in 2019. Some of the new or amended statutes were signed into law by the Governor shortly after the City adopted its 6 th cycle Housing Element. Comments and
recommendations are included herein regarding how the City can meet applicable new requirements.
It should be noted that existing housing law continues to receive significant attention from the California Legislature and Governor. It is expected that the Legislature will continue to focus on the State’s housing crisis, and to pass laws that dramatically change housing laws to improve equity and affordability while removing regulatory barriers that hinder production, including local government land use regulations.
New Housing Laws........................................................................................................................................2
1. Affirmatively Furthering Fair Housing: Assembly Bill 686 (2017) and Assembly Bill 1308 (2021)........2
2. No Net Loss: Senate Bill 166 (2017)......................................................................................................3
3. Housing Accountability Act: Senate Bill 167/AB 678 and AB 1515 (2017); AB 3194 and Senate Bill 330 (2019).................................................................................................................................................4
4. By-Right Supportive Housing Developments and Low Barrier Navigation Centers: Assembly Bill 2162 (2018) and Assembly Bill 101 (2019) ........................................................................................................4
5. Accessory Dwelling Units: Assembly Bill 494 (2017), Senate Bill 229 (2017), Assembly Bill 68 (2019), Assembly Bill 881 (2019), Assembly Bill 587 (2019), Senate Bill 13 (2019), and Assembly Bill 671 (2019), Assembly Bill 345 (2021) ..............................................................................................................5
6. Density Bonus: Assembly Bill 1763 (2019), AB 2345 (2020), and AB 571, AB 634, SB 290, SB 728 (2021)........................................................................................................................................................6
7. Surplus Land Act Amendments: Assembly Bill 1486 and AB 1255 (2019)............................................7
8. Housing Information Transparency: Assembly Bill 1483 (2019)...........................................................7
9. Emergency and Transitional Housing Act of 2019: Assembly Bill 139 (2019).......................................8
10. Replacement Housing: AB 1397 (2017) ..............................................................................................8 New Laws that Do Not Apply to the City of Point Arena: .............................................................................9 Other New Laws Linked to Housing Element Updates...............................................................................10 Attachment D - 2
New Housing Laws
1. Affirmatively Furthering Fair Housing: Assembly Bill 686 (2017) and Assembly Bill 1308 (2021)
Summary of Affirmatively Furthering Fair Housing (AFFH) from HCD’s April 2021, technical assistance memo describing what is affirmatively furthering fair housing (page 7): With the passage of AB 686, state and local public agencies are required to affirmatively further fair housing through deliberate action to explicitly address, combat, and relieve disparities resulting from past and current patterns of segregation to foster more inclusive communities. Importantly, AB 686 also creates new housing element requirements applying to all housing elements due to be revised on or after January 1, 2021.
These requirements include an assessment of fair housing practices, an analysis of the relationship between available sites and areas of high or low resources, and concrete actions in the form of programs to affirmatively further fair housing. The purpose of this assessment and analysis is to replace segregated living patterns with truly integrated and balanced living patterns and to transform racially and ethnically concentrated areas of poverty (R/ECAP) into areas of opportunity.
A. Commencing and completing many of the programs in the City’s adopted 6 th cycle housing element would constitute meaningful progress on AFFH.
B. Because the City’s 6th cycle Housing Element was due prior to January 1, 2020, the City was not required to include an assessment and related AFFH programs as part of its 6th cycle update. However, for the 7th cycle, the City will be obligated to complete all aspects of AFFH. Specific to Housing Element updates, AB 686 requires the City to administer its housing programs and activities in a manner to affirmatively further fair housing and not take any action that is inconsistent with this obligation. The Housing Element must commit the City to taking actions to overcome patterns of segregation, address disparities in housing needs and access to opportunity, and foster inclusive communities. The Housing Element must include an assessment of fair housing practices, an examination of the relationship of available sites to areas of high opportunity, and actions to affirmatively further fair housing. A jurisdiction’s Housing Element inventory of sites must include an AFFH analysis.
Comments-Recommendations:
• Because many fair housing issues are blind to city boundaries it may be more effective and efficient to coordinate and collaborate with Mendocino County and the three other incorporated cities to perform a regional AFFH analysis and develop coordinated AFFH programs ahead of the start of the 7th cycle for Housing Element updates. The assessment of fair housing practices is a required component of the Housing Element. Should the City be interested in a regional AFFH analysis, the coordination effort should be initiated well in advance of the start of the 7th cycle. The 7th cycle begins on August 31, 2027.
C. Amendments to Government Code Section (GC §) 8899.50 et seq. now extend the obligation to affirmatively further fair housing to cities as part of its housing and community development activities and programs:
The duty to affirmatively further fair housing extends to all of a public agency’s activities and programs relating to housing and community development. [GC § 8899.50(a)1)] One hallmark of AFFH is open and inclusive public engagement. Achieving open and mutual communication that makes progress towards AFFH can be accomplished by initiating and implementing updates to the City’s public engagement strategy described below.
Attachment D - 3
Comments-Recommendations:
• Identify and invite participation of individuals and communities, and their representatives, in the City and the region who represent lower income households, people in protected classes, and households with special needs.
• Effective and inclusive engagement will have multiple points of contact during the project/activity development phase and will include the creation of feedback loops. Feedback loops enable evaluation of the project/activity after it is completed or has concluded. • Create and implement marketing and technical assistance programs as part of the City’s new community development and housing initiatives. For example, develop and launch a local toolkit and public outreach plan once the City’s ADU ordinance is certified by the Coastal Commission.
• Continue and expand the use of the City’s website and social media platforms to broadcast announcements. Identify other channels for gathering input to promote access. • Develop materials and content in local prevalent language(s) and for persons with limited English proficiency.
Source: HCD Memorandum: AFFH Guidance Memo (AB 686), April 27, 2021
2. No Net Loss: Senate Bill 166 (2017)
SB 166 amended the No Net Loss (NNL) statute, GC § 65863, to require that the Housing Element inventory, and its site identification programs, accommodate at all times the jurisdiction’s remaining unmet Regional Housing Needs Allocation (RHNA) during the element’s planning period. In an event of an inventory deficit, NNL dictates jurisdictions take specific actions to remedy the deficit. The NNL statute, however, does not allow a jurisdiction to use NNL to deny a housing project even if the project does not meet the site’s designated density or the units will be affordable to a different income category than designated in the Housing Element inventory of sites. NNL enables the State to hold jurisdictions accountable in the event of an inventory deficit, especially in the lower income inventory.
Comments-Recommendations:
Initiate practices for compliance with No Net Loss and to avoid the consequences of an inventory shortfall that include:
• Maintain adequate margin in the City’s lower income inventory to avoid a deficit. • Develop and memorialize an objective methodology to consistently estimate affordability for unsubsidized housing units that meets the requirements of HCD. The methodology would be used to prepare the City’s Housing Element annual progress report and perform project-byproject NNL review (discussed below). • On a project-by-project basis, staff should review planning and building permit applications proposed on designated Housing Element inventory sites to determine:
o Is the site’s designated realistic capacity being met? o Are the remaining designated Housing Element inventory sites adequate to accommodate the City’s share of the regional housing need? This is determined by quantifying the jurisdiction’s remaining unmet RHNA at each income level and the Attachment D - 4
remaining capacity of sites identified in the housing element to accommodate that need by income level.
• Develop NNL training materials for staff and the Council. HCD has a technical assistance memo published on their website.
• As part of the City Council’s annual review of the general plan annual progress report, as per Government Code §§ 65400 and 65700, review the status of the City’s Housing Element inventory. • As part of the Housing Update process, the City should consider amending the Multifamily Residential (MR) zone to conditionally permit single family dwellings or require development in the MR zone meet a minimum density threshold, or other regulations to ensure MR parcels are more likely to be developed with multifamily dwellings.
3. Housing Accountability Act: Senate Bill 167/AB 678 and AB 1515 (2017); AB 3194 and Senate Bill 330 (2019)
Senate Bill 167/AB 678 strengthened the Housing Accountability Act (HAA) by increasing the documentation necessary and the standard of proof required for a jurisdiction to legally defend its denial of lowto-moderate-income housing development projects. AB 1515 also amended the HAA by adding language stating that a housing development conforms with local land use requirements if there is substantial evidence that would allow a reasonable person to reach that conclusion, although these amendments would not alter or superseded findings for compliance with the Coastal Act. The Housing Accountability Act enables the State to hold jurisdictions accountable for adverse actions on housing development projects. It is not necessary for the City to amend the zoning regulations.
Comments-Recommendations:
• Develop Housing Accountability Act training materials for the City Council and staff to reduce the likelihood of the City taking actions that are inconsistent with the HAA. HCD has a technical assistance memo published on its website.
4. By-Right Supportive Housing Developments and Low Barrier Navigation Centers:
Assembly Bill 2162 (2018) and Assembly Bill 101 (2019)
AB 2162 requires each city to change its zoning to allow by-right supportive housing development in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses when specific requirements are met. The enacted legislation prohibits the cities from requiring entitlements for the approval of a qualifying housing development. Key project qualifying criteria include: 100 percent of the units are affordable to lower income households (which is specified to mean to mean the household income does not exceed 80 percent of the area median income); 100 percent of the units are/will be receiving public funding to ensure affordability to lower income households; the units are subject to a 55-year affordability restriction; and either 25 percent or 12 units, whichever is greater, are restricted to the target population as defined in Health and Safety Code Section 50675.14.
Additionally, jurisdictions are to provide expedited review of qualifying supportive housing developments. A jurisdiction may require a supportive housing development to comply with written, objective development standards and policies, but the jurisdiction may only require the development to comply Attachment D - 5
with the objective development standards and policies that apply to other multifamily development within the same zone.
Similar to AB 2162, enactment of AB 101 (2019) mandates that jurisdictions allow by-right low barrier navigation centers in areas zoned for mixed use and in nonresidential zones permitting multifamily uses, if the projects meet the requirements of GC § 65662 et seq. A low barrier navigation center is statutorily defined in GC § 65660(a). Essentially, it is a Housing First shelter focused on moving individuals experiencing homelessness into services and housing. Jurisdictions are required to expedite navigation center applications in accordance with the statute. Although AB 101 will sunset on January 1, 2027, given the extent of California’s crisis of housing and homelessness, it would not be unexpected that the Legislature will extend the sunset date.
Comments-Recommendations:
• Housing Element Program 1-3.2 commits the City to updating the zoning code to allow supportive housing developments consistent with GC § 65650 et seq. Adoption of the zoning code amendments will meet this requirement, although supportive housing developments will still need to secure a Coastal Development Permit (CDP). This amendment will be included in the Housing Update. • Housing Element Program 1-3.13 obligates the City to allow low barrier navigation centers byright in areas zoned for mixed use as well as nonresidential zones permitting multifamily uses.
Because Point Arena is entirely in the Coastal Zone, proposals to develop navigation centers would require a CDP. Adoption of the zoning code amendments in accordance with Program 1-3.13 will meet this requirement. These amendments will be included in the Housing Update.
5. Accessory Dwelling Units: Assembly Bill 494 (2017), Senate Bill 229 (2017), Assembly Bill 68 (2019), Assembly Bill 881 (2019), Assembly Bill 587 (2019), Senate Bill 13 (2019), and Assembly Bill 671 (2019), Assembly Bill 345 (2021) In recent years, multiple bills have added requirements for local governments to allow by-right Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs). Cumulatively, the enacted legislation removes regulatory barriers and limits the regulations local governments may impose on ADU and JADU development. The new laws override local regulations related to zones where ADUs may be permitted, ADU development standards and parking requirements, and allow for conversion of existing living spaces and accessory structures, etc. The new laws remove owner-occupancy requirements for ADUs, create a tiered capacity fee structure that charges ADUs based on their size and location, and prohibit capacity fees on units of less than 750 square feet. Local ADU regulations may designate areas where ADUs may be permitted based on the adequacy of water and sewer services and the impact of ADUs on traffic flow and public safety. Additionally, the laws mandate streamlined local government review and approval of ADU applications, prohibit ADUs from being used as short-term rentals, and disallow ADUs from being counted towards density. For ADU development in the Coastal Zone, although a Coastal Development Permit (CDP) may be required, local government may not hold public hearings for ADU CDP applications. Where a local government’s ADU regulations do not comport with State law, the local government’s regulations are superseded by State law. Local ordinances are subject to review by HCD, and HCD may issue written findings if the local government’s ADU regulations are not consistent with State law.
Attachment D - 6
To help encourage development of ADUs, beginning in 2021, the California Housing Finance Agency (CalHFA) has made up to $40,000 of grant funding (per family) available to qualified low- and moderateincome property owners to offset some of the costs associated with development of an ADU.
Comments-Recommendations:
• Program 1-3.1 of the Housing Element commits the City to finalizing the ADU ordinance to comply with State law. The City has an in-progress LCP amendment for ADUs. The Housing Update will complete the LCP amendment process for ADUs. • It appears that the intent of the City's Short-Term Rental Ordinance (Ordinance 235) is to prohibit short-term rental of ADUs consistent with State law. Some of the language contained in the Ordinance, however, is potentially confusing. As part of the Housing Update, we recommend that the City consider amending the Short-Term Rental Ordinance for clarity and to ensure consistency with State laws.
• As noted previously, the City should consider developing an ADU toolkit and launching a local public outreach plan once the City’s ADU ordinance is certified by the Coastal Commission.
6. Density Bonus: Assembly Bill 1763 (2019), AB 2345 (2020), and AB 571, AB 634, SB 290, SB 728 (2021)
Like State ADU laws, State Density Bonus Law (SDBL) has been amended almost annually beginning with California’s 2017 Housing Package. Subparagraphs (a)(1) and (a)(3)(A) of GC § 65915 obligate jurisdictions to adopt a local density bonus implementing ordinance, along with procedures and timelines for processing a density bonus application. In the event a local ordinance has not been adopted, the jurisdiction is not relieved from complying with SDBL. Legislation effective in 2019 now requires the density bonus to be administered in the Coastal Zone in a manner that is consistent and harmonized with the California Coastal Act. The enacted legislation overturns a 2016 appellate court ruling, Kalnel Gardens, LLC v. City of Los Angeles, which found that a proposed housing project that violates the Coastal Act as a result of a density bonus and could be denied on that basis. While the SDBL is subordinate to the Coastal Act, the new language attempts to strike a balance between the State goals of promoting housing and protecting the coast (California-Density-Bonus-Law_2022.pdf (meyersnave.com), Goetz Sakai, accessed June 8, 2022). SDBL also requires jurisdictions to offer incentives or concessions to qualifying projects.
Comments-Recommendations:
Programs 1-1.1 and 1-1.3 of the Housing Element commit the City to advertising and providing density bonuses. Program 1-1.3 encourages the use of density bonuses for development of vacant or underutilized lots in the urban core to develop low- and moderate-income rental units. The City does not currently have a density bonus ordinance.
• The most efficient approach for the City to adopt a local density bonus ordinance may be to incorporate SBDL by reference and focus on local procedures specifying how the City’s implementation will achieve compliance with SDBL while harmonizing with the Coastal Act requirements. It is noted that jurisdictions may offer bonuses and incentives beyond those provided by SDBL statute. This work should be included in the Housing Update.
Attachment D - 7
7. Surplus Land Act Amendments: Assembly Bill 1486 and AB 1255 (2019) AB 1486 and AB 1255, which took effect January 1, 2020, refine the Surplus Land Act. The legislation aims to connect affordable housing developers to local governments that are disposing of surplus public land that is both available and suitable for housing development. Local agencies (cities, counties, and special districts) must send notices about available, surplus local public land to all of the following:
• Department of Housing and Community Development (HCD) • Any local public entity within the jurisdiction where the surplus local land is located • Developers who have notified HCD of their interest in developing affordable housing on surplus local public land.
Prior to agreeing to terms to dispose of surplus property, local agencies must send a description of notices of availability sent, and negotiations conducted, in addition to a copy of any restrictions to be recorded against the property, to HCD for review.
The legislation requires that cities and counties report specific information regarding surplus lands in their Housing Elements and Housing Element annual progress reports, and to provide a list of sites owned by the City that have been sold, leased, or otherwise disposed of in the prior year. AB 1255 requires cities and counties to create a central inventory of surplus and excess public land each year, to transmit the inventory to HCD and to provide it to the public upon request.
Comments-Recommendations:
Based on a review of HCD’s June 4, 2022, compilation of Table H, “Locally Owned Surplus Site” from filed annual progress reports, the City does not have surplus and excess public lands as of December 31, 2021.
• Reporting City excess sites as part of the annual progress report and updating the City’s surplus land disposal procedures should ease preparation of the City’s 7th cycle Housing Element on this topic.
8. Housing Information Transparency: Assembly Bill 1483 (2019) AB 1483 requires cities and counties to publicly share information about zoning ordinances, development standards, fees, exactions, surplus public lands, fair housing resources, and housing affordability requirements. It is noted that implementation of GC § 65940.1 also serves to affirmatively further fair housing. Also, jurisdictions are to publish current and five previous annual fee reports or financial reports, and provide an archive of impact fee nexus studies, cost of service studies that have been prepared by the jurisdiction after January 1, 2018. Such information is required to be updated within 30 days of changes.
Attachment D - 8
Comments-Recommendations:
In accordance with AB 1483 (2019), the City is subject to these new requirements because the City has an internet website. The City’s 2019 Housing Element does not contain a program to implement AB 1483 because the legislation went into effect after the Element’s adoption. • Updates are needed to achieve compliance with AB 1483 (chaptered at GC § 65940.1). It is recommended that the City take steps to compile the content specified by GC § 65940.1, then update its website to publish the content.
9. Emergency and Transitional Housing Act of 2019: Assembly Bill 139 (2019) AB 139 established new criteria for evaluating the needs of the homeless population that will apply when the City undertakes its 7th cycle Housing Element update. The analysis must assess the capacity to accommodate the most recent homeless point-in-time count by comparing that to the number of shelter beds available on a year-round and seasonal basis, the number of beds that go unused on an average monthly basis, and the percentage of those in emergency shelters that move to permanent housing. The enacted legislation requires the housing element to include a review of the effectiveness of the Housing Element goals, policies, and related actions to meeting the jurisdiction’s special housing needs.
The enacted legislation also established new parking standards for emergency shelters: local governments are to apply a written objective standard that provides sufficient parking to accommodate the staff working in the emergency shelter provided the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone.
Comments-Recommendations:
• The City should consider increasing its coordination and collaboration with the Mendocino County Homeless Services Continuum of Care (MCHSCOC) on future point in time counts to improve the City’s ability to provide the requisite analysis. Ongoing and regular communication with MCHSCOC may improve opportunities to meaningfully address homelessness, while also making inroads on AFFH.
• Program 1-3.10 commits the City to conducting a City Council study session to review residential parking standards within two years after adoption of the City’s 2019 Housing Element. A study session would be an appropriate forum to introduce the new legal standard for emergency shelter parking in order to develop an ordinance that complies with AB 139 (2019). This work can be included in the Housing Update.
10. Replacement Housing: AB 1397 (2017)
The Housing Element must include a program in the Housing Element and a policy independent of the Housing Element requiring the replacement of units affordable to the same or lower-income level as a condition of approval for any development on a non-vacant inventory site consistent with those requirements set forth in State Density Bonus Law (GC § 65915(c)(3). Replacement requirements shall be required for sites identified in the inventory that currently have residential uses, or that within the past five years have had residential uses that have been vacated or demolished, and Attachment D - 9
• 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, or subject to any other form of rent or price control through a public entity’s valid exercise of its police power, or • were occupied by low- or very low-income households.
As used in in this program “previous five years” is based on the date the application for development was submitted. A “housing unit” that is subject to the replacement housing requirement is any living situation meeting the US Census definition of a housing unit regardless of the legal status.
Comments-Recommendations:
• Program 1-3.4 of the Housing Element calls for the City to amend the zoning code to require replacement of units demolished or converted to a non-residential use, other than “coastal dependent” or “coastal related” uses, consistent with GC § 65590. • The replacement housing requirements of GC § 65583.2(g)(3) are similar to the anti-displacement requirements that apply to Coastal Zone parcels pursuant to GC § 65590, however, the requirements of GC § 65583.2(g)(3) are generally more rigorous. That being said, the requirements of GC § 65590 apply to all properties in the Coastal Zone, while the requirements contained in the Housing Element statute apply only to designated Housing Element inventory sites.
• It is noted that the AB 1397 amendments were in effect when the City’s Housing Element was undergoing HCD’s certification review. It follows that HCD considered Program 1-3.4 to be sufficient for meeting the requirements for AB 1397. The City may consider requesting confirmation from HCD that Program 1-3.4 satisfies the requirements of AB 1397. Absent formal recognition from HCD that Program 1.3-4 meets the requirements for AB 1397, if the City receives a demolition or conversion proposal on a designated Housing Element inventory site that is or was developed with qualified housing, we recommend that the City formally consult with HCD for compliance with GC § 65583.2(g)(3).
New Laws that Do Not Apply to the City of Point Arena:
SB 35 (2017):
SB 35 creates an opt-in program for developers that allows a streamlined approval process for qualifying housing developments in jurisdictions that have not yet met their housing targets, provided that the development is on an infill site and complies with existing residential and mixed use zoning. Participating developments must provide at least 10 percent of units for lower-income families. HCD regularly publishes a statewide determination of jurisdictions that have made insufficient progress toward their Lower income RHNA (Very Low and Low income) and are subject to SB 35. The City of Point Arena is one of many jurisdictions that is subject SB 35’s streamlined ministerial approval process. However, for a housing developer to opt to use SB 35, the site must meet numerous requirements, one of which is the site cannot be in the Coastal Zone. Given that the entirety of Point Arena is in the Coastal Zone, housing developers cannot opt to use SB 35 [GC § 65913.4(a)(6)(A)].
SB 330 (2019) Housing Crisis Act.
The Housing Crisis Act required HCD to develop a list of cities (“affected cities”) and census designated places (CDPs) within the unincorporated county (“affected counties”) that are prohibited from taking certain zoning-related actions, including, among other things:
Attachment D - 10
• Down-zoning certain parcels
• Imposing a moratorium on development
• Imposing design review standards that are not objective Per HCD’s statutory determination of Affected Cities, dated December 27, 2019, Point Arena is not identified as an Affected City; therefore, the City is not subject to the provisions of the Housing Crisis Act.
AB 1783 (2019):
This legislation added provisions to the Employee Housing Act (EHA) that require jurisdictions to provide streamlined, ministerial approval for qualifying employee housing developments. For an employee housing development to exercise the streamlined, ministerial approval process, it must be located on a site that is not in the Coastal Zone pursuant to Health and Safety Code Section 17021.8(a)(2)(A). There are no exceptions, therefore there are no sites in the City that are eligible for the streamlined ministerial approval process. Nonetheless, other requirements of the EHA remain applicable, and Program 1-3.8 of the 2019 Housing Element commits the City to reviewing the Zoning Code for EHA compliance and making updates as needed.
SB 9 (2021):
SB 9 allows lot splits of residential single-family zoned parcels that are located in urbanized areas. SB 9 requires local agencies to ministerially approve a qualifying housing development with no more than two primary units in a single-family zone, the subdivision of a parcel in a single-family zone into two parcels, or both. To be eligible for SB 9, a site cannot be in the Coastal Zone pursuant to GC § 65913.4(a)(6)(A). There are no exceptions, therefore the City is unable to exercise this pathway to incentivize housing production.
SB 10 (2021):
SB 10 created a new statutory exemption from the California Environmental Quality Act (CEQA) for upzoning of qualifying parcels to allow up to 10 dwelling units per parcel. For a parcel that is located in a city to be eligible for up-zoning using SB 10, the city’s boundaries must include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau. A review of the 2010 US Census data indicates that the City of Point Arena does not contain either an urbanized area or urban cluster, and therefore parcels within the City are not eligible for SB 10’s up-zoning.
Other New Laws Linked to Housing Element Updates
Safety Element to Address Adaptation and Resiliency: Senate Bill 1035 (2018) SB 1035 requires the General Plan Safety Element to be reviewed and revised to include any new information on fire hazards, flood hazards, and climate adaptation and resiliency strategies with each revision of the Housing Element.
Evacuation Routes: Senate Bill 99 and AB 747 (2019)
Two recent bills, AB 747 and SB 99, require the General Plan Safety Element to be updated to identify evacuation routes and their capacity, safety, and viability under a range of emergency scenarios and to include information identifying residential developments in hazard areas that do not have at least two emergency evacuation routes. The enacted legislation requires these updates occur as part of the 7th cycle Housing Element update.
Attachment E - 1
ATTACHMENT E
Recommendations for Housing Update Tasks Based on New & Amended State Housing Laws
The following table summarizes recommendations from the document entitled "State Housing Law Changes since Point Arena's 2019 Housing Element Update" that can be incorporated into the Housing Update. Recommendations that reference Housing Element programs are not included in this list as they are included in the table in Attachment C. The table identifies High, Medium and Low priority items. The consultant team recommends that the High priority items be included in the Housing Update and that Medium and Low priority items be addressed if sufficient budget is available once all High priority items are addressed.
Description Priority
1 Develop and memorialize an objective methodology to
consistently estimate affordability for unsubsidized housing units that meets the requirements of HCD. The methodology would be used to prepare the City’s Housing Element annual progress report and perform project-by-project NNL review (discussed below).
Medium
2 Develop NNL training materials for staff and the Council. HCD has a technical assistance memo published on their website.
Low
3 As part of the Housing Update process, the City should consider amending the Multifamily Residential (MR) zone to conditionally permit single family dwellings or require development in the MR zone meet a minimum density threshold, or other regulations to ensure MR parcels are more likely to be developed with
multifamily dwellings.
High
4 Develop Housing Accountability Act training materials for the City Council and staff to reduce the likelihood of the City taking actions that are inconsistent with the HAA. HCD has a technical assistance memo published on its website.
Low
5 It appears that the intent of the City's Short-Term Rental Ordinance (Ordinance 235) is to prohibit short-term rental of ADUs consistent with State law. Some of the language contained in the Ordinance, however, is potentially confusing. As part of the Housing Update, we recommend that the City consider amending the Short-Term Rental Ordinance for clarity and to ensure consistency with State laws.
High
Attachment E - 2
Description Priority
6 The most efficient approach for the City to adopt a local density bonus ordinance may be to incorporate SBDL by reference and focus on local procedures specifying how the City’s
implementation will achieve compliance with SDBL while
harmonizing with the Coastal Act requirements.
High
7 Program 1-3.10 commits the City to conducting a City Council study session to review residential parking standards within two years after adoption of the City’s 2019 Housing Element. Such a study session would be an appropriate forum to introduce the new legal standard for emergency shelter parking in order to develop an ordinance that complies with AB 139 (2019).
High