STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
651 Bannon Street, Suite 400
Sacramento, CA 95811
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
November 27, 2024
Ken Zuidervaart, Director
Planning Department
City of Ripon
259 North Wilma Avenue
Ripon, CA 95366
Dear Ken Zuidervaart:
RE: City of Ripon’s 6th Cycle (2023-2031) Draft Housing Element Thank you for submitting the City of Ripon’s (City) draft housing element that was received for review on August 30, 2024. Pursuant to Government Code section 65585, the California Department of Housing and Community Development (HCD) is reporting the results of its review. In addition, HCD considered comments from David Kellogg pursuant to Government Code section 65585, subdivision (c).
The draft element addresses many statutory requirements; however, revisions will be necessary to substantially comply with State Housing Element Law (Gov. Code, § 65580 et seq). The enclosed Appendix describes the revisions needed to comply with State Housing Element Law.
As a reminder, the City’s 6th cycle housing element was due December 31, 2023. As of today, the City has not completed the housing element process for the 6th cycle. The City’s 5th cycle housing element no longer satisfies statutory requirements. HCD encourages the City to revise the element as described above, adopt, and submit to HCD to regain housing element compliance.
For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), as the City did not adopt a compliant housing element within 120 days of the statutory deadline (December 31, 2023), any rezoning to make prior identified sites available or accommodate the regional housing needs allocation (RHNA) must be completed no later than one year from the statutory deadline. Otherwise, the local government’s housing element will no longer comply with State Housing Element Law, and HCD may revoke its finding of substantial compliance pursuant to Government Code section 65585, subdivision (i). Please be aware, if the City does not adopt a compliant housing element within one year from the statutory deadline, the element cannot be found in substantial compliance until all necessary rezones are completed pursuant to Government Code sections 65583, subdivision (c)(1)(A) and 65583.2, subdivision (c).
Ken Zuidervaart, Director
Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City should continue to engage the community, including organizations that represent lower-income and special-needs households, by making information regularly available and considering and incorporating comments where appropriate. Please be aware, any revisions to the element must be posted on the local government’s website and to email a link to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting to HCD.
Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant, the Affordable Housing and Sustainable Communities program, and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City will meet housing element requirements for these and other funding sources.
For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the City to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at:
https://www.opr.ca.gov/planning/general-plan/guidelines.html.
HCD appreciates the coordination and effort provided by the housing element update team to prepare the housing element as part of the multi-jurisdictional housing element process. We are committed to assisting the City in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact Irvin Saldana, of our staff, at [email protected].
Sincerely,
Paul McDougall
Senior Program Manager
Enclosure
City of Ripon’s 6th Cycle (2023-2031) Draft Housing Element Page 1 November 27, 2024
APPENDIX
CITY OF RIPON
The following changes are necessary to bring the City’s housing element into compliance with Article 10.6 of the Government Code. Accompanying each recommended change, we cite the supporting section of the Government Code.
Housing element technical assistance information is available on HCD’s website at https://www.hcd.ca.gov/planning-and-community-development/hcd-memos. Among other resources, the housing element section contains HCD’s latest technical assistance tool, Building Blocks for Effective Housing Elements (Building Blocks), available at https://www.hcd.ca.gov/planning-and-community-development/housing-elements/buildingblocks and includes the Government Code addressing State Housing Element Law and other resources.
A. Housing Needs, Resources, and Constraints
1. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in the jurisdiction. (Gov. Code, § 65583, subd. (c)(10)(A).) Racially Concentrated Areas of Affluence (RCAA): The element briefly mentions RCAAs in the City (p. 122). However, the element should also analyze the RCAA, including trends, conditions, comparisons with other neighborhoods and other relevant factors such as land use and zoning to better understand differences across neighborhoods.
Based on this analysis, the element must add or modify programs, including actions aimed at improving housing mobility within the City.
Identified Sites and Affirmatively Furthering Fair Housing (AFFH): The element maps identified sites and includes some descriptions and conclusions related to the components of a fair housing analysis. However, the element should also identify the number of units by income group and location, including pending, approved or recently completed projects (pipeline) and analyze the impact on existing fair housing conditions.
Local Data and Knowledge and Other Relevant Factors: The element includes a historical discussion of the City’s early development, information on the City’s development, including past redlining and racially restrictive covenants (p.101).
However, an analysis should also incorporate local data and knowledge, and other relevant factors to comprehensively describe fair housing conditions, including socioeconomic patterns and disparities in access to opportunities. For example, local data could include recent engineering reports, assessments of infrastructure quality and availability, public safety reports, and details of capital improvement programs to better capture the full scope of fair housing conditions in the area.
Contributing Factors: The element should prioritize and re-assess contributing factors to fair housing issues based on the outcomes of a complete analysis.
City of Ripon’s 6th Cycle (2023-2031) Draft Housing Element Page 2 November 27, 2024
2. 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).)
Progress in Meeting the Regional Housing Needs Allocation (RHNA): The City’s RHNA may be reduced by the number of pending, approved or completed (pipeline) units since June 30, 2023; however, the element must demonstrate their affordability and availability in the planning period. For availability, the element should discuss remaining steps, any known barriers and likelihood of construction in the planning period. For affordability, the element should discuss the actual or anticipated sales prices or rents of the units expected to be affordable to moderate income households or utilize different assumptions such as utilizing the units toward the above moderate income RHNA.
Environmental Constraints: While the element provides a general description of some environmental conditions within the City (p. 82), it should also analyze any other known environmental or physical constraints that could preclude housing development on identified sites during the planning period. Examples of other known conditions include site shape, access, contamination, property conditions, easements, conservation easements, zoning overlays, and compatibility with nearby airports or military areas.
Electronic Sites Inventory: For your information, 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 and submit an electronic version of the sites inventory. While the City has submitted an electronic version of the sites inventory, if changes occur, any future re-adopted versions of the element must also submit the electronic version of the sites inventory.
Zoning for a Variety of Housing Types (Emergency Shelters): The element generally describes acreage and capacity of zones for emergency shelters (pp. 58-59) but should also analyze proximity to services and transportation. In addition, the element should clarify that emergency shelters are permitted without discretionary action in the City’s R4-U and MU zones.
3. 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: While the element lists zones and development standards, including in the City’s North Pointe Specific Plan (NPSP), it should also analyze the zones and development standards. The analysis should particularly evaluate impacts on housing supply (number of units), housing costs and impacts on the ability to achieve maximum densities. The analysis should specifically analyze the apparent lack of a fixed lot City of Ripon’s 6th Cycle (2023-2031) Draft Housing Element Page 3 November 27, 2024
coverage standards in multifamily zones, heights and lot coverages in nonresidential zones and multifamily parking requirements for smaller bedroom types (e.g., studios).
Based on the outcomes of a complete analysis, the element should add or modify programs to address identified constraints.
Processing and Permit Procedures: The element should address public comments on this draft submittal and discuss compliance with the Permit Streamlining Act and intersections with CEQA and timing requirements, including streamlining determinations and add or modify programs as appropriate.
B. Housing Programs
1. Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Government Code section 65584.09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing. (Gov. Code, § 65583, subd. (c)(1).)
As noted in Finding A2, 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.
2. The Housing Element shall contain programs which assist in the development of adequate housing to meet the needs of extremely low-, very low-, low- and moderateincome households. (Gov. Code, § 65583, subd. (c)(2).) Program 4 (Partnerships and Assistance for Affordable Housing): The Program should specifically commit to proactively identify and pursue affordable housing opportunities, at least every other year.
Farmworkers: The element should add or modify programs to assist in the development and conservation of housing for farmworkers. Examples of actions include proactively identifying housing opportunities at least every other year, efforts to collaborate with nonprofit developers, employers, and related organizations and pursue additional strategies and funding, pursuing funding and incentives, establishing strategies to integrate housing for farmworkers into affordable housing and targeting rehabilitation, conservation, and improvement programs.
City of Ripon’s 6th Cycle (2023-2031) Draft Housing Element Page 4 November 27, 2024
3. Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities... (Gov. Code, § 65583, subd. (c)(3).)
As noted in Finding A3, 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.
In addition, Program 11 (Growth Accommodation and Residential Building Cap) commits to review the City’s building cap and comply with state law, including the Housing Crisis Act (HCA). However, the Program should commit to immediately comply with the HCA, which among other things, precludes regulating the number of permits, caps on housing units or limits on population. Further, the Program should commit to continue to evaluate the growth control as a potential constraint on housing supply, cost and timing and approval certainty and address identified constraints within a specified time.
4. Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics... (Gov. Code, § 65583, subd. (c)(5).)
As noted in Finding A1, the element requires a complete AFFH analysis. Depending upon the results of that analysis, the City may need to add or modify programs.
In addition, goals and actions must specifically respond to the analysis and to the identified and prioritized contributing factors to fair housing issues and must be significant and meaningful enough to overcome identified fair housing conditions.
Actions should include specific commitments, metrics, and milestones where appropriate, and must focus on enhancing housing mobility, increasing housing choices and affordability in relatively higher median-income and opportunity areas, implementing place-based strategies for community revitalization, and providing protection against displacement. For example, programs aimed at targeted outreach and education should be revised to incorporate additional metrics (p. 23). Other examples of programs that should be revised include Programs 7 (Assist First-Time Homebuyers), 8 (Below Market Rate Housing Program), and 16 (Housing Rehabilitation and Neighborhood Improvement).
C. Quantified Objectives
Establish the number of housing units, by income level, that can be constructed, rehabilitated, and conserved over a five-year time frame. (Gov. Code, § 65583, subd. (b)(1 & 2).)
City of Ripon’s 6th Cycle (2023-2031) Draft Housing Element Page 5 November 27, 2024
The element provides a summary of quantified objectives, including estimates for new construction and rehabilitation (p. 30). However, the element could consider additional conservation objectives. Conservation objectives may include strategies intended to conserve housing such as tenant stability, code enforcement, and energy conservation.
D. 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)(9).) The element describes outreach efforts such as a survey, community workshops and outreach to representatives but should also discuss the results of those outreach efforts in achieving the participation of all economic segments of the community and incorporate additional methods (e.g., stakeholder interviews) as necessary as part of future submittals.
Further, the element should summarize feedback, key takeaways and comments and discuss how that input was incorporated into the housing element.