City of Rialto 2021‐2029 Housing Element
HCD Comments Matrix
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Review and Revision
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, female‐ headed households, farmworkers, and persons experiencing homelessness).
Appendix A Evaluation and analysis of 5th Cycle Programs related to supporting the needs of special needs group has been
incorporated into Appendix A.
Housing Needs, Resources, and Constraints
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 briefly describes fair housing services with Inland Fair Housing and Mediation Board
(IFHMB), it generally does not address this requirement. The element must include information on past or current fair housing complaints, findings, lawsuits, or judgements related to enforcement actions regarding fair housing.
In addition, the element must discuss compliance with existing fair housing laws and regulations. For more information and guidance on this analysis, please visit pg. 28‐30 of the HCD’s AFFH guidance memo: https://www.hcd.ca.gov/community‐
development/affh/docs/affh_document_final_4‐27‐2021.pdf Section 3.C.1
Housing Program 5A
Language has been added establishing that the City has
not had and does not have any fair housing complaints,
findings, lawsuits, or judgements related to
enforcement actions.
Housing Program 5A has been updated to include
provisions to comply with Fair Housing Laws and
Regulations – including annually review the Municipal
Code to ensure compliance.
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Local Knowledge and Data: The element should complement federal, state, and regional data with local data and knowledge where appropriate to capture emerging trends and issues, including utilizing knowledge from local and regional
advocates, public comments, and service providers.
Section 3.C Narratives added.
Other Relevant Factors: The element must include other
relevant factors that contribute to fair housing issues in the jurisdiction. For instance, the element can analyze historical land use and investment practices or other information and demographic trends.
Section 3.C Narratives added.
Integration and Segregation: The element provided some data on integration and segregation across racial groups and one map displaying income by census tracts. The element must discuss and analyze this data for trends over time and patterns across census tracts. Additionally, it must evaluate patterns at a regional basis, comparing the City to the region.
Section 2.C.1
Section 3.C.2
Table 2‐4 includes racial and ethnic trends between 2010 and 2019 – showing a diversification of the City’s
population.
Additional data and mapping has been added showing
population demographics for the City in comparison to the region. This includes mapping of Non‐White population in Rialto and the surrounding region for 2010 and 2018.
High Segregation and Poverty: TCAC/HCD opportunity maps indicate that the City has two areas considered high
segregation and poverty in the center of the City. The element must analyze all of these census tracts for trends and patterns and consider other relevant factors, local data and knowledge and evaluate factors that contributed to the conditions of these areas.
Section 3.C.3
Section 4
Local knowledge background has been added for the 2
tracts identified as high segregation and poverty.
Program 5A has been added to establish the City will assist in improving access to opportunities in these 2 tracts, when possible.
Access to Opportunity: While the element provided a general analysis of opportunity areas, and high‐level conclusions about the City’s disparities in access to opportunity, it must independently analyze trends and patterns related to access to educational and economic opportunities. Additionally, the Section 3.C.3
Section 4
Additional analysis and mapping/data has been added to
the AFFH section on economic and education
opportunities for the City of Rialto and the region.
Program 5A has been added to provide for additional
opportunities for current and future residents.
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element must evaluate patterns at a regional basis and
compare those to conditions at the local level.
Disproportionate Housing Needs and Displacement: The
element must provide an analysis of trends and patterns related to people experiencing homelessness at a local and regional level. The element deferred to an at‐risk analysis of affordable housing as a way to analyze displacement risk. The element should consider and analyze additional data. For example, UC Berkeley’s Urban Displacement Project indicates that there are several census tracts in the middle of the City with people vulnerable to displacement.
Section 2.F.7
Section 3.C.5
An analysis of trends and patterns relating to persons
experiencing homelessness is provided in Section 2.F.7.
This section provides counts of persons experiencing
homelessness between 2018 and 2020.
Analysis and mapping from UC Berkeley’s Urban
Displacement Project has been added.
Sites Inventory: The element concludes that the sites
inventory does not exacerbate existing fair housing
conditions, however the analysis clearly demonstrates
that the sites will either maintain the status quo of fair housing conditions or further worsen areas already
experiencing several fair housing issues including income and racial segregation and limited access to opportunities.
For example:
• Race – Figure 3-16 of the element illustrates that all of the City’s lower-income RHNA has been identified in
areas with the highest percentages of Hispanic
population, while no lower-income sites and majority
moderate and above moderate sites have been identified
in census tracts with the lowest Hispanic population.
• Income – Figure 3-18 illustrates that majority of the above and moderate RHNA sites are identified in areas
with the least percentage of low to moderate income
households while no lower-income sites are identified in these census tracts.
Section 3.C.7
Section 4
Additional analysis has been added to Section 3.C.7
further explaining why sites were selected in particular areas.
Additionally, Program 5A has been added to address
impacts on fair housing conditions and provide
opportunities for revitalization.
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• Access to Opportunity – Figure 3-21 displays that no
lower-income units were identified in the City’s high
resourced census tracts while all lower-income
sites were identified in most of the City’s low resourced areas and areas of high segregation and poverty.
The element must include further analysis, strong reasoning, and accurate conclusions about the location of sites and its impact on current fair housing conditions (e.g., isolating lower‐ income sites in low resourced areas and moderate to above moderate in high resourced, high income areas). Further, if the inventory continues to isolate the RHNA for lower income households in central areas, the element must have
commensurate programs with strong place‐based strategies for community revitalization and new opportunities in higher opportunity areas (beyond RHNA) to result in an equitable quality of life and affirmatively further fair housing (AFFH) throughout the City.
Fair Housing Issues and Contributing Factors: The
element did not provide a conclusion of fair housing
issues. The element should list and identify fair housing issues as a result of the analysis. Additionally, the
element did not sufficiently identify, describe, and
prioritize contributing factors. For example, the element listed R/ECAP, low resourced census tracts, and the
City’s availability to meet their RHNA as contributing
factors, however, these are not contributing factors. For more information and guidance, please visit pages 49-56 of HCD’s AFFH Guidance Memo:
https://www.hcd.ca.gov/community-
development/affh/docs/affh_document_final_4-27-
2021.pdf
Section 3.C.6
Section 4
Contributing factors have been added and Section 4
programs have been updated to reflect the added
information in Section 3.
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Goals, Actions, Metrics and Milestones: The element
identified few actions to address AFFH including
continuing to work with the Inland Fair Housing Board and reviewing historic policies. These actions do not include specific commitments, address fair housing issues, and
meaningfully overcome contributing factors. At minimum, programs must enhance housing mobility, provide new
housing choices and affordability in high opportunity
areas, and place-based strategies for community
preservation and revitalization. Additionally, programs and actions must create meaningful impact in addressing a
jurisdiction’s fair housing issues. Furthermore, the
element must include metrics and milestones for targeting meaningful change and evaluating progress on programs,
actions, and fair housing results. For more information and guidance, please visit pages 72-74 of HCD’s AFFH
Guidance Memo: https://www.hcd.ca.gov/community-
development/affh/docs/affh_document_final_4-27-
2021.pdf
Section 4 Goals, actions, metrics and milestones updated throughout.
Specific commitments and timelines have been added.
Include an analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition. (Gov. Code, § 65583, subd. (a)(2).)
Housing Stock Conditions: While the element identifies
the age of the housing stock (p. 2-28), it must quantify the number of units in need of major rehabilitation and
replacement. For example, the analysis could include
estimates from a recent windshield survey or sampling,
estimates from the code enforcement agency, or
information from knowledgeable builders/developers,
includin
g non-profit housing developers or organizations.
Section 4 Section 4 – Table 4‐1 includes the total number of units in need of rehabilitation.
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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 City has a RHNA of 8,272 housing units, of which, 3,424 are for lower-income households. To address this need, the element relies on vacant and nonvacant sites, including sites in Specific Plan Areas and within the Mixed-Use Overlay area, ADUs, and pipeline projects. To demonstrate the adequacy of these sites and strategies to accommodate the City’s RHNA, the element must include complete analyses:
Realistic Capacity: The element states that the City is assuming 50-80 percent of the maximum allowable
density, however the inventory indicates that for sites where the buildable and gross acreage is the same (e.g., no deductions on site acreage for constraints), the
element assumed that units will be developed at the
maximum allowable density.
The element must demonstrate specific trends, factors,
and other evidence led to the assumptions or adjust
assumptions as appropriate.
Additionally, the estimate of the number of units for each site must be adjusted as necessary, based on the land
use controls and site improvements, typical densities of existing or approved residential developments at a similar affordability level.
Lastly, the element identifies sites within commercial and mixed-use zones where the current zoning allows for 100 percent nonresidential uses (commercial, industrial, etc.,).
To demonstrate realistic capacit
y on these sites, the
Appendix B.B.1 Appendix B has been revised to specify the realistic capacity assumed for each strategy. The 80% capacity
assumption was used for existing zoning calculations, the realistic capacities under rezoning strategies range include 100% for 6 of the 7 Opportunity Areas. The Baseline
Shopping Center Opportunity Area (#6) includes a capacity assumption of 50% as the site is planned to include mixed‐ use developments.
A table has also been added showing local history of
developing at various density and affordability
assumptions.
Housing Program 4F has been added to assess and
provide incentives, as needed, to ensure sites that can develop
nonresidential uses develop 100% residential
uses.
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element must analyze and account for the likelihood of
residential development in the zones that allow 100
percent nonresidential uses. The analysis should be
based on factors such as development trends,
performance standards or other relevant factors.
Suitability of Nonvacant Sites: The element identifies
nonvacant sites to accommodate a portion of the regional housing need for households of all incomes. While the
element includes general statements such as “developer
interest” and sites are “underutilized,” this alone is not adequate to demonstrate the suitability of these sites.
A complete analysis should describe the methodology
used to determine the additional development potential
within the planning period. The methodology must
consider factors including the extent to which existing uses may impede additional residential development,
development trends, market conditions, and regulatory or other incentives or standards to encourage additional
residential development on these sites. (Gov. Code, §
65583.2, subd. (g).)
For nonresidential sites, the inventory could also describe whether the use is operating, marginal or discontinued, and the condition of the structure or could describe any expressed interest in redevelopment.
In addition, if the housing element relies upon nonvacant sites to accommodate more than 50 percent of the RHNA
for lower-income households, the housing element must
demonstrate that the existing use is not an impediment to additional residential development in the plannin
g period.
Appendix B.A.9
Appendix B.B.1
New section added titled “Suitability of Nonvacant Sites” which includes justifying the development of nonvacant
sites for residential use. A sample site calculation for a non‐vacant site is also provided.
New section added titled “Realistic Capacity Under
Rezoning Strategies” which describes examples of projects developing
at, above, or near the assumed density with
affordability components.
Nonvacant sites have been updated with additional
analysis showing propensity for residential development.
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This can be demonstrated by providing substantial
evidence that the existing use is likely to be discontinued during the planning period. (Gov. Code, § 65583.2, subd. (g)(2).)
Specific Plans: The element identifies several specific plan areas to accommodate the City’s RHNA and that
some of these plans have been entitled for a certain
number of units. To utilize residential capacity in Specific Plans, the element must:
• Indicate whether suitable sites have approved or
pending projects or are suitable for development in the planning period.
• If projects are approved or pending, describe the status of the project, including any necessary approvals or steps prior to development, development agreements,
conditions, or requirements such as phasing or timing
requirements that impact development in the planning
period, and the affordability of the project’s units based on anticipated rents, sales prices, or other mechanisms (e.g., financing, affordability restrictions) ensuring their
affordability.
• For suitable sites without pending or approved projects, the element must list sites by parcel number or unique
reference, size, general plan designation, zoning and
include a calculation of the realistic capacity of each site.
The element must also include an analysis of any
requirements such as phasing or timing requirements that impact development in the planning period and large
sites, if applicable, with policies and programs.
Appendix B No applications have been submitted to the City to develop in the Specific Plans yet.
Background on the implementation process and financing
of each Specific Plan has been added to Appendix B.
A list of parcels included in both Specific Plans is included at the end of Appendix
B.
Accessory Dwelling Units (ADU): The element is
projecting 128 ADUs for an average of 16 ADUs per year
during the planning period to accommodate a portion of its Appendix B.A.7
Housing Program 2E
The ADU analysis has been updated. The City reports 7
units in 2019, 14 in 2020, and 10 in 2021. The projection has been lowered to 9 ADUs per year with a total of 72
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RHNA. The City’s Annual Progress Reports (APR) shows
no records of ADU permits in 2018 and 2020 and one
ADU permitted in 2019. The City’s past performance on
permitting ADUs do not support a sixteen-fold increase.
The element should reconcile these figures and adjust
assumptions based on a realistic estimate of the potential for ADUs and include strong policies and programs that
commit to incentivizing ADUs. Additionally, while the
element can use ADU applications to support projecting
ADU production beyond what was actually permitted, it
cannot solely rely on ADU applications to make projection assumptions.
Depending on the analysis, the element must commit to
monitor ADU production and affordability throughout the course of the planning period and implement additional
actions if not meeting target numbers anticipated in the housing element. If necessary, additional actions should be taken in a timely manner (e.g., within six months).
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 rezoning or something similar would be an appropriate action. If actual
production and affordability is near anticipated trends, then measures like outreach and marketing might be
more appropriate.
units to be permitted through the end of the planning
period. The updated analysis does not rely on ADU
applications but solely on permitted units.
Housing Program 2E has been updated to include
provisions for any changes deemed necessary to be made
within 6 months of the annual review. Potential changes
would be proportional to the gap identified between the number of ADUs projected and the number of ADUs
permitted.
Electronic Sites Inventory: Pursuant to Government Code section 65583.3, subdivision (b), the City must utilize standards, forms, and definitions adopted by HCD when
preparing the sites inventory. Please see HCD’s housing Will be submitted.
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element webpage at https://www.hcd.ca.gov/community-
development/housing-element/index.shtml for a copy of
the form and instructions. The City can reach out to HCD at [email protected] for technical assistance.
Please note, upon adoption of the housing element, the
City must submit an electronic version of the sites
inventory with its adopted housing element to
sitesinventor
[email protected].
Environmental Constraints: While the element includes a general description of various environmental constraints related to earthquakes, fires, and flood, it must describe how these conditions relate to identified sites including any known environmental constraints within the City that could impact housing development in the planning period. (Gov. Code, § 65583.2, subd. (b).) For additional
information and sample analysis, see the Building Blocks at http://www.hcd.ca.gov/community-
development/building-blocks/site-inventory-
analysis/analysis-of-sites-and-
zonin
g.shtml#environmental.
Section 3.B.12 Additional analysis and mapping of flood and fire hazards has been added in relation to the proposed housing sites.
Zoning for a Variety of Housing Types (Emergency
Shelters): While the element identifies the I-P zone for emergency shelters, it should also analyze the suitability and capacity of the I-P zone to meet the need for
emergency shelters. For example, the element should
identify the number of parcels, typical parcel sizes,
available acreage, whether sites are underutilized, and any potential for reusing existing buildings to emergency shelters. The element should also discuss proximity to
transit and services and any known hazardous conditions unfit for human habitation.
Section 3.B.6 Analysis of the suitability and capacity of the City’s I‐P zone has been included.
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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).)
Land-Use Controls: The element must identify and
analyze all relevant land use controls impacts as potential constraints on a variety of housing types. The analysis should analyze land use controls independently and
cumulatively with other land use controls. The analysis should specifically address requirements related to
parking, minimum lot sizes, and open space
requirements.
Specifically, the element indicates that a minimum of two parking spaces is required and concluded that while
parking requirements may be a constraint, developers can receive reductions per density bonus law. However, the
element should include programs to address constraints
on development regardless of the availability of reductions under density bonus law.
Secondly, the R-3 and PRD-A zone requires a minimum
lot size of 1 acre, and Foothill Specific Plan and PRD-D requires a minimum lot size of 3-5 acres. The element
also states that the PRD-D zone minimum unit size is
determined by planning commission. Both provisions
appear to be a constraint. The analysis should address
any impacts on cost, supply, housing choice, affordability, timing, approval certainty and ability to achieve maximum Section 3.B.2
Section 3.B.3
Section 4 – Housing
Program 4B
Additional analysis has been added to each residential
development standard describing how each has been
assessed and is not found to be a constraint to the
development of housing.
Additional analysis and comparative data have been
added to the Parking
Standards section. The data shows
the City’s current off‐street parking requirements are not considered a constraint to housing development.
However, Housing Program 4B is included in Section 4 to provide for an annual review of development standards.
Should a constraint be identified as part of the annual review, the City will update its development standards.
The R‐3 lot size requirement of 1 acre is identified in the analysis as not being a constraint to development.
Additionally, 2 sites zoned R‐3 have been identified as part of the candidate sites analysis, both sites meet the
minimum lot size requirements.
All sites zones PRD‐A and PRD‐D have developed
residential units in compliance with the identified
development standards. The minimum dwelling size is
proposed by the applicant and approved by the Planning
Commission at the time of application for a change of zone.
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densities and include programs to address identified
constraints.
Population Density: The element lists densities based on population density per acre as well as dwelling units per acre (p. 3-6). The element must analyze how the
population density requirement is determined for a project, how it interacts with the dwelling unit per acre standard, and weather it acts as a development cap for proposed
projects.
Section 3.B.2 Language has been added stating the population densities identified in the Land Use Element are just used as
reference points and not used on a project‐by‐project
basis.
Processing and Permit Procedures: While the element
included information on the type of permit application and whether a public hearing is required, it should also
describe the procedures for a typical single-family and multifamily development. The analysis should address the approval body, the number of public hearings, if any,
approval findings, design review requirements and any
other relevant information. The analysis should address impacts on housing cost, supply, timing, and approval
certainty.
Additionally, the element states that a conditional use permit (CUP) is required for multifamily housing of five or more units in multifamily zones (e.g., R-3 zone). The
element must specifically analyze the CUP process as a
potential constraint on housing supply and affordability.
The analysis should identify findings of approval for the CUP and their impact on development approval certainty, timing, and cost. The element must include a program to address and remove or miti
gate the CUP requirement.
Section 3.B.10
Additional information has been added including the
typical permitting process and time for single‐family and multi‐family developments.
Housing Program 4B has been updated to include a review of permitting and review processes for multi‐family developments, including an annual meeting with the developer community for feedback.
On/Off-Site Improvements: While the element states that on/off site improvements include curb, gutters, sidewalks, etc., the element should include information on actual
Section 3.B.9 Typical on‐ and off‐site improvements have been included as well as the City’s specific required improvements and design standards for subdivisions.
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standards and typical improvements required.
Additionally, it should further 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.
Local Ordinances: The element must specifically analyze any locally adopted ordinances such as inclusionary
ordinances or short-term rental ordinances that directly impact the cost and suppl
y of residential development.
Section 3.B.4 Sections have been added describing inclusionary and short‐term rental ordinances, both note that the City has not adopted either.
Constraints on Housing for Persons with Disabilities:
• Reasonable Accommodation: The element states that
the City’s reasonable accommodation approval findings
include “impact on surrounding uses.” The element should analyze this reasonable accommodation finding for
constraints on housing for persons with disabilities and revise programs to address identified constraints.
• Family Definition: The element should also describe and analyze any definition of family used in zoning and land use.
• Residential Care Facilities for Six or fewer and Seven or More Persons: The element must describe how the City
defines and permits group homes of six of fewer and
seven or more persons. For your information, group
homes with six or fewer should be treated no differently than other by-right single-family housing uses and must be allowed in all residential zones. Additionally, group homes of 7 or more should not be excluded from
residential zones or treated differently than other similar uses.
Section 3.B.7
Section 4 ‐ Housing
Program 5F and 5H
Housing Program 5F has been updated to provide for the
review of reasonable accommodations findings to identify potential constraints to persons seeking accessible
housing.
The City’s definition of family is provided in Section 3.B.7 and is identified as not being a
constraint to the
development and access to housing.
Housing Program 5H has been added to add the
residential care facilities distinction to the City’s Municipal Code and ensure zoning reflects state law requirements
depending on the facility’s size.
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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, the price of land, the cost of construction, the requests to develop housing at densities below those anticipated in the analysis required by subdivision (c) of Government Code section 65583.2, 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 Government Code section 65584. 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. (Gov. Code, § 65583, subd. (a)(6).)
Requests for Lower Density, Permit Times, and Efforts to Address Nongovernmental Constraints: The element must
analyze (1) requests to develop housing at densities
below those identified in the inventory, (2) the length of time between receiving approval for a housing
development and submittal of an application for building permits, and (3) 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.
Section 3.A.3
Section 3.B.2
Section 3.B.10
Section 4 –
Housing Goal #3
and Program 4E
Details on developing at lower densities has been added.
Housing Program 4E has been added to provide for a
review of site requirements (as required by the Building and Engineering Divisions) to assess how the
City can
allow for projects to develop at their maximum density.
Permit processing time has been added for both single‐
and multi‐family developments. Both single‐ and multi‐
family development procedures are not considered
constraints to development.
References to programs which aid in alleviating
nongovernmental constraints and the cost of developing
housing has been added.
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).)
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Special Needs Households: While the element includes
data and a general discussion of housing challenges
faced by special needs households, it still must provide an analysis of the existing needs and resources for each
special need group including seniors, female headed
households, large householders, extremely low-income
households (ELI), and persons experiencing
homelessness. 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 proposed policies, programs, and funding to help address those
gaps
Section 2.F Regional and local resources as well as housing programs that support special needs households have been
incorporated into special needs group analysis.
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).)
While the element includes an inventory of deed-restricted projects and analysis of at-risk units, California Housing Partnership Cooperation lists three affordable projects that were not included in the inventory. The element
should include the following projects in the inventory:
• TELACU Rialto III – 74 assisted units located on 545
Bloomington Avenue
• Greentree Senior Apartments – 270 assisted units on
245 East First Street
• Park Place – 30 assisted units on 310 West Jackson
Street
Section 3.C.5 TELACU and Park Place are included in the analysis.
Greentree Senior Apartments has been added and is
accounted for in Tables 3‐31 to 3‐36.
Housing Programs
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Include a program which sets forth a schedule of actions during the planning period, each with a timeline for implementation, which 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 through the administration of land use and development controls, the provision of regulatory concessions and incentives, and the utilization of appropriate federal and state financing and subsidy programs when available. The program shall include an identification of the agencies and officials responsible for the implementation of the various actions. (Gov. Code, § 65583, subd. (c).) To have a beneficial impact in the planning period and
address the goals of the housing element, programs must be revised with discrete timelines. For example, several programs list specific implementation actions such as
developing marketing materials and revising the zoning
code but should also provide a timeline for when that
action will end or the frequency of the action (where
applicable). The following programs should be revised:
• Program 2C – Accessory Dwelling Unit Construction
• Program 2D – Accessory Dwelling Unit Monitoring
Program
• Program 2N – Small Lot Consolidation
• Program 3C – Preserve and Monitor At-Risk Units
• Program 4B - Remove Development Constraints
• Program 4C – Water and Sewer Service Providers
• Program 4D – Availability of Zoning, Development
Standards, and Fees Online
Section 4 Timelines have been updated for each program.
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
inventor
y completed pursuant to paragraph (3) of
Section 4 Programs revisions and additions are noted in the response of each comment.
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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, single-room occupancy units, emergency shelters, and transitional
housing. (Gov. Code, § 65583, subd. (c)(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:
Housing Program 2B – Rezone to Provide Adequate Sites
to Accommodate RHNA: While the element includes a
program committing the City to rezone sites to address a 6 th cycle shortfall, the program must specifically commit to rezoning pursuant to Government Code section 65583.2,
subdivisions (h) and (i). Specifically, the program must commit to:
• permit owner-occupied and rental multifamily uses by- right for developments in which 20 percent or more of the units are affordable to lower-income households. By-right means local government review must not require a CUP,
planned unit development permit, or other discretionary review or approval;
• accommodate a minimum of 16 units per site;
Section 4 See updated Policy 2B
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• require a minimum density of 16/20 units per acre; and • at least 50 percent of the lower-income need must be
accommodated on sites designated for residential use
only or on sites zoned for mixed uses that accommodate
all of the very low and low-income housing need, if those sites: o allow 100 percent residential use, and
o require residential use occupy 50 percent of the total floor area of a mixed-use project.
City-owned Sites: The element identified several city-
owned sites to accommodate a portion of the RHNA
including parking lot lots for Metrolink stations. The City should consider including a program that ensures
compliance with the Surplus Land Act, provides incentives and actions along with a schedule to facilitate
development of City-owned sites. Actions could include
outreach with developers, issuing requests for proposals, incentives, fee waivers, priority processing and financial assistance.
Section 4 – Housing
Program 2S
Housing Program 2S: Surplus Land Act has been added to
provide for the assessment and possible implementation
of a number of action to incentivize developers to propose residential projects on City‐owned land. The Program also states the City will maintain compliance with the Surplus Land Act.
Proposed Housing Overlay: The element states that the
City is considering implementing an overlay to increase densities and/or allow for residential uses. If the element is proposing an overlay where the underlying zoning
allows for nonresidential uses, the element should include a program that commits to sufficient incentives (beyond State Density Bonus Law) to assure the intended
residential uses and affordabilit
y.
Section 4 – Housing
Program 2R
Housing Program 2R: Residential Incentives has been
added to provide incentives to develop residential uses on sites which may also permit nonresidential uses.
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).) City of Rialto 2021‐2029 Housing Element
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As noted in Findings B4 and B5, the element requires a
complete analysis of potential governmental 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.
Section 4 Programs revisions and additions are noted in the response of each comment.
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. (Gov. Code, § 65583, subd. (c)(5).) As noted in Finding A1, the element does not include a
complete Assessment of Fair Housing (AFH). Depending on a complete analysis, the element will need to add and revise programs as appropriate.
Section 4 Programs revisions and additions are noted in the response of each comment.
Public Participation
Local governments shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the Housing Element, and the element shall describe this effort. (Gov. Code, § 65583, subd. (c)(8).) While the element described various efforts to achieve public participation in the preparation of the housing element update, the element should also describe how comments were considered and incorporated into the element.
Appendix C A list of organizations outreached to has been added, and a table of how comments were considered has also be
included.