Agenda packet — San Anselmo City Council, January 10, 2023 (part 2 of 3)

According to the 2020 AI, there were several categories for reasons loans were denied. Under the category, “Loan Denial Reason: insufficient cash - down payment and closing costs,” African Americans were denied 0.7 percent more than White applicants. Denial of loans due to credit history significantly affected Asian applicants more than others; and under the category of “Loan Denial Reason: Other”, the numbers are starkly higher for African American applicants.

The AI also identified many residents who lived in Marin City during the Marinship years19 were not allowed to move from Marin City to other parts of the County because of discriminatory housing and lending policies and practices. For those residents, Marin City has been the only place where they have felt welcomed and safe in the County.

Based on the identified disparities of lending patterns for residents of color and a history of discriminatory lending practices, the AI recommended further fair lending investigations/testing into the disparities identified through the HMDA data analysis. More generally, it recommended that HMDA data for Marin County should be monitored on an ongoing basis to analyze overall lending patterns in the County. In addition (and what has not been studied for this AI), lending patterns of individual lenders should be analyzed, to gauge how effective the Community Reinvestment Act (CRA) programs of individual lenders are in reaching all communities to ensure that people of all races and ethnicities have equal access to loans. 19 Marinship is a community of workers created by the Bechtel Company which during World War II built nearly 100 liberty ships and tankers. Since Marinship faced a shortfall in local, available workers, Bechtel overlooked the workplace exclusions that were standard at the time and recruited African Americans from southern states such as Louisiana, Arkansas, Texas and Oklahoma. A thorough history if Marin City and Marinship is found in the local knowledge section.

Table 7.20: Loan Approval, Denial, and Withdrawal by Race All Applicants White Asian Hispanic/ Latinx Black/African American
Loans approved 55.9% 60.0% 59.0% 50.0% 48.0%
Loans denied 11.3% 12.0% 16.0% 18.0% 19.0%
Loans withdrawn by applicant 13.3% 14.0% 13.0% 19.0% 14.0% Source: 2017 HMDA, as presented in 2020 Marin County AI. 12/12/2022 DRAFT FOR PUBLIC REVIEW
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Local Trends
Loan applications by race/ethnicity in San Anselmo from 2018 to 2019 are presented in Figure7.47 Most home loan applications were submitted by White non-Hispanic residents, a reflection of the overall racial/ethnic composition of the City. Non-Hispanic White applicants represent 71 percent of the application pool, but 85.9 percent of the overall population. Asian and Hispanic residents are also slightly underrepresented in the loan application pool; however, the race or ethnicity of 22.1 percent of loan applicants is unknown.

Approximately 14.6 percent of all loans were denied during this period. Black/African American applications were denied at the highest rate (29 percent), followed by Asian/API applications (18 percent). Non-Hispanic White applicants and Hispanic/Latinx applicants were denied at the same rate of 15 percent. As discussed previously, the County AI recommended HMDA data be monitored due to disparities in lending patterns on the basis of race or ethnicity.

Figure 7.47: Loan Applications by Race/Ethnicity – San Anselmo (2018-2019) San Anselmo Housing Element | Affirmatively Furthering Fair Housing Prepared by Houseal Lavigne
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Disproportionate Needs
The AFFH Rule Guidebook defines disproportionate housing needs as a condition in which there are significant disparities in the proportion of members of a protected class experiencing a category of housing needs when compared to the proportion of a member of any other relevant groups or the total population experiencing the category of housing need in the applicable geographic area (24 C.F.R. § 5.152). The analysis is completed by assessing cost burden, overcrowding, and substandard housing.

The Comprehensive Housing Affordability Strategy (CHAS) developed by the Census for HUD provides detailed information on housing needs by income level for different types of households in Marin County. Housing problems considered by CHAS include:
• Housing cost burden, including utilities, exceeding 30 percent of gross income; • Severe housing cost burden, including utilities, exceeding 50 percent of gross income; • Overcrowded conditions (housing units with more than one person per room); and • Units with physical defects (lacking complete kitchen or bathroom According to CHAS data based on the 2013-2017 ACS, approximately 40 percent of Marin County households experience housing problems, compared to 37.2 percent of households in San Anselmo. In both the County and Town, renters are more likely to be affected by housing problems than owners.

Cost Burden
Regional Trends
As presented in Table 7.21, in Marin County, approximately 38 percent of households experience cost burdens. Renters experience cost burdens at higher rates than owners (48 percent compared to 32 percent), regardless of race. Among renters, American Indian and Pacific Islander households experience the highest rates of cost burdens (63 percent and 86 percent, respectively). Geographically, cost burdened renter households are concentrated census tracts in North and Central Marin in Novato and San Rafael (Figure 7.48). In these tracts, between 60 and 80 percent of renter households experience cost burdens. Throughout the incorporated County census tracts, between 40 and 60 percent of renter households are experiencing cost burdens. Cost-burdened owner households are concentrated in West Marin census tract surrounding Bolinas Bay and Southern Marin within Sausalito.

Table 7.21: Housing Problems and Cost Burden by Race/Ethnicity – Marin County (2017) White Black Asian Am. Ind. Pac Isl. Hispanic All
With Housing Problem
Owner-Occupied 31.8% 41.1% 30.7% 37.5% 0.0% 52.7% 32.9% Renter-Occupied 47.9% 59.5% 51.2% 62.5% 85.7% 73.7% 53.2% All Households 36.6% 54.5% 38.7% 43.8% 54.5% 67.5% 40.2% With Cost Burden
Owner-Occupied 31.2% 41.1% 29.0% 37.5% 0.0% 49.4% 32.2% Renter-Occupied 45.1% 57.5% 41.5% 62.5% 85.7% 58.9% 47.7% All Households 35.4% 53.1% 33.9% 43.8% 54.5% 56.1% 37.7% Note: Used CHAS data based on 2013-2017 ACS despite more recent available data being available as this dataset is included in the ABAG Housing Data Needs Package.

Source: HUD CHAS Data (based on 2013-2017 ACS), 2020.
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Figure 7.48: Regional Cost Burdened Renter Households by Tract (2019) San Anselmo Housing Element | Affirmatively Furthering Fair Housing Prepared by Houseal Lavigne
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Housing problems and cost burdens can also affect special needs populations disproportionately. Table 7.22 shows that renter elderly and large households experience housing problems and cost burdens at higher rates than all renters, all households, and their owner counterparts.

Table 7.22: Housing Problems, Elderly and Large Households – Marin County (2017) Owner-Occupied Renter-Occupied All
Elderly Households Large
Households All Owner Elderly Large Households All Renters Any Housing Problem 34.0% 30.2% 32.9% 59.3% 74.0% 53.2% 34.0% Cost Burden > 30% 33.6% 26.7% 32.2% 55.9% 50.0% 47.7% 33.6% Source: HUD CHAS (based on 2013-2017 ACS), 2020.

Figure 7.49: Regional Cost Burdened Owner Households by Tract (2019) 12/12/2022 DRAFT FOR PUBLIC REVIEW
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Local Trends
Cost burden is less common amongst San Anselmo households compared to the County; 35.7 percent of households in the Town are cost burdened compared to 37.7 percent countywide (Table 7.23). Similarly, 47.7 percent of renters in the County are cost burdened compared to only 40 percent in the Town. According to the 2015-2019 ACS, San Anselmo has a relatively low proportion of renters (32.4 percent), compared to 36 percent in the County and 44 percent in the Bay Area. Renters are more likely to be cost burdened compared to owners.

Hispanic households are the most likely to experience cost burden compared to other racial/ethnic groups in San Anselmo. According to HUD CHAS estimates, 81.3 percent of Hispanic owners and 50 percent of Hispanic renters are cost burdened. White renter-occupied households are also cost burdened at a rate slightly exceeding the citywide average (42.9 percent).

As discussed previously, housing problems and cost burden often affect special needs populations disproportionately. Rates of housing problems and cost burden for elderly and large households in the Town are presented in Table 7.24. Large households in San Anselmo are not cost burdened at a rate exceeding the townwide average. Conversely, 34.7 percent of elderly owner-occupied households are cost burdened, compared to 34.3 percent of owners townwide, and 59 percent of elderly renter-occupied households are cost burdened, compared to 40 percent of renters townwide. Elderly households are cost burdened at a higher rate in San Anselmo than the County.

Figure 7.50 and Figure 7.51 show cost burden in the Town by tract and tenure. According to the HCD AFFH Data Viewer, between 40 and 60 percent of renters in all San Anselmo tracts are cost burdened. Similarly, between 20 to 40 percent of owners in all tracts are cost burdened.

Since the 2010-2014 ACS, overpayment amongst renters has remained generally constant in all tracts, while overpayment amongst owners has decreased in all tracts. All units of all income levels generated from the RHNA opportunity sites are located in census tracts with 40 to 60 percent of renters that are cost burdened and 20 to 40 percent of owners that are cost burdened.

Table 7.23: Housing Problems and Cost Burden by Race/Ethnicity – San Anselmo (2017) White Black Asian Am. Ind. Pac Isl. Hispanic All
With Housing Problem
Owner-Occupied 35.0% N/A 10.5% N/A N/A 80.0% 35.6%
Renter-Occupied 43.8% 0.0% 0.0% N/A N/A 50.0% 42.4%
All Households 37.0% 0.0% 7.4% N/A N/A 70.0% 37.2%
With Cost Burden
Owner-Occupied 34.2% N/A 10.5% N/A N/A 81.3% 34.3%
Renter-Occupied 42.9% 0.0% 0.0% N/A N/A 50.0% 40.0%
All Households 36.2% 0.0% 7.4% N/A N/A 70.8% 35.7%
Source: HUD CHAS Data (based on 2013-2017 ACS), 2020.

Table 7.24: Housing Problems, Elderly and Large Households – San Anselmo (2017) Owner-Occupied Renter-Occupied All
Elderly Households Large
Households All Owner Elderly Large Households All Renters Any Housing Problem 34.2% 29.3% 35.6% 62.6% 0.0% 42.4% 37.2% Cost Burden > 30% 34.7% 29.3% 34.3% 59.0% 0.0% 40.0% 35.7% Source: HUD CHAS (based on 2013-2017 ACS), 2020.

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Figure 7.50: Sites Inventory and Cost Burdened Renters by Tract (2019) 12/12/2022 DRAFT FOR PUBLIC REVIEW
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Figure 7.51: Sites Inventory and Cost Burdened Owners by Tract (2019) San Anselmo Housing Element | Affirmatively Furthering Fair Housing Prepared by Houseal Lavigne
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Overcrowded Households
Regional Trends
Overcrowding is defined as housing units with more than one person per room (including dining and living rooms but excluding bathrooms and kitchen). According to the 2017 five-year ACS estimates, about 6.5 percent of households in the Bay Area region are living in overcrowded conditions (Table 7.28). About 11 percent of renter households are living in overcrowded conditions in the region, compared to three percent of owner households. Overcrowding rates in Marin County are lower than the Bay Area (four percent and 6.5 percent, respectively) and like regional trends, Marin County a higher proportion of renters experience overcrowded conditions compared to owners. Overcrowded households in the region are concentrated in Richmond, Oakland, and San Francisco (Figure 7.50). At the County level, overcrowded households are concentrated North and Central Marin, specifically in downtown Novato and the southeastern tracts of San Rafael (Canal).

While the ACS data shows that overcrowding is not significant problem, it is likely that this data is an undercount, especially with families who may have undocumented members. It is also likely that agriculture worker housing is overcrowded and undercounted.

Table 7.28: Overcrowded Households – Bay
Area and Marin County (2017)
Bay Area Marin County
Owner-Occupied 3.0% 0.8%
Renter Occupied 10.9% 9.4%
All Households 6.5% 3.9%
Note: Overcrowding means more than one person per household.

Source: ABAG Housing Data Needs Package, HUD CHAS (based on 2013-2017 ACS), 2020.
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Figure 7.52: Regional Overcrowded Households by Tract
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Local Trends
Overcrowding is generally not an issue in the town. As shown in Table 7.29, only 0.8 percent of owner-occupied households are overcrowded, all of which are severely overcrowded. Amongst renter households, 2.4 percent are overcrowded, and none are severely overcrowded. Only 1.3 percent of households in San Anselmo are overcrowded, compared to 3.9 percent in the county and 3.5 percent in the Bay Area. The rate of overcrowding in all San Anselmo tracts is also below the statewide average of 8.2 percent. All units l generated from the RHNA opportunity sites are located in census tracts below the statewide average for overcrowded households.

Table 7.29: Overcrowded Households – San Anselmo (2017) Overcrowded
(>1 person per room)
Severely Overcrowded
(>1.5 persons per
room)
Owner-Occupied 0.8% 0.8%
Renter Occupied 2.4% 0.0%
All Households 1.3% 0.5%
Source: ABAG Housing Data Needs Package, HUD CHAS (based on 2013-2017 ACS), 2020.

Figure 7.53: Overcrowded Households by Tract
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Substandard Conditions
Regional Trends
Incomplete plumbing or kitchen facilities can be used to measure substandard housing conditions. Incomplete facilities and housing age are estimated using the 2015-2019 ACS. In general, residential structures over 30 years of age require minor repairs and modernization improvements, while units over 50 years of age are likely to require major rehabilitation such as roofing, plumbing, and electrical system repairs.

According 2015-2019 ACS estimates, shown in Table 7.30, 1.3 percent or less of households in the Bay Area and Marin County lack complete kitchen and plumbing facilities. Incomplete kitchen facilities are more common in both the Bay Area and Marin County and affect renter households more than owner households. In Marin County, one percent of households lack complete kitchen facilities and 0.4 percent lack complete plumbing facilities. In the county, more than 2 percent of renters lack complete kitchen facilities while less than one percent of renter households lack plumbing facilities.

Like overcrowding, ACS data may not reflect the reality of substandard housing conditions in the county. Staff have received comments about substandard conditions related to lack of landlord upkeep/care (i.e., moldy carpets) or hot water delays, especially from the Hispanic/Latin community.

Housing age can also be used as an indicator for substandard housing and rehabilitation needs. As states above, structures over 30 years of age require minor repairs and modernization improvements, while units over 50 years of age are likely to require major rehabilitation. In the County, 86 percent of the housing stock was built prior to 1990, including 58 percent built prior to 1970 (Table 7.32). Figure 7.54 shows median housing age for Marin County cities and Census-designated places (CDPs). Central and Southern Marin, specifically the cities of Ross, Fairfax, and San Anselmo have the oldest housing while Novato, Black Point-Green Point CDP, Nicasio CDP, Muir Beach CDP, and Marin City CDP have the most recently built housing.

Table 7.30: Substandard Housing Conditions –Bay Area and Marin County (2019) Bay Area Marin County
Lacking complete kitchen
facilities
Lacking complete plumbing
facilities
Lacking complete kitchen
facilities
Lacking complete plumbing
facilities
Owner 0.3% 0.2% 0.2% 0.3%
Renter 2.6% 1.1% 2.4% 0.6%
All Households 1.3% 0.6% 1.0% 0.4%
Source: American Community Survey, 2015-2019 (5-Year Estimates).

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Local Trends
There are no owner-occupied households in San Anselmo lacking complete kitchen facilities (Table 7.31). Compared to Marin County, a smaller proportion of households in San Anselmo lack complete kitchen facilities (0.3 percent). One percent of renters in the town lack complete kitchen facilities, which is less than both the county (2.4 percent) and the Bay Area (2.6 percent).

A slightly larger proportion of owner-occupied and renter-occupied households in the town lack complete plumbing facilities compared to the county. Overall, 0.5 percent of households in San Anselmo lack complete plumbing facilities compared to 0.4 percent in Marin County and 0.6 percent in the Bay Area.

Table 7.31: Substandard Housing Conditions – San
Anselmo (2019)
Lacking complete
kitchen facilities
Lacking complete
plumbing facilities
Owner-Occupied
Households 0.0% 0.5%
Renter-Occupied
Households 1.0% 0.7%
All Households 0.3% 0.5%
Source: American Community Survey, 2015-2019 (5-Year Estimates).

Figure 7.55: Median Housing Age by Marin County Cities and Census-Designated Places (CDPs) Source: 2015-2019 ACS (5-Year Estimates).
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Table 7.32 shows housing stock age by block group, town, and county. Nearly 81 percent of housing units in the town were built in 1969 or earlier compared to only 58 percent countywide. As discussed previously, units aged 50 and older are likely to require major rehabilitation. As shown in Figure 7.56, older housing units are most concentrated in block groups in the central and southwestern areas of the town. More than 73 percent of housing units in all San Anselmo block groups were built prior to 1970.

Table 7.32: Housing Stock Age (2019)
Block Group/Jurisdiction 1969 or Earlier
(50+ Years)
1970-1989
(30-50 Years)
1990 or Later (<30
Years)
Total Housing
Units
Block Group 1, Tract 1150 73.4% 19.3% 7.3% 1,195
Block Group 3, Tract 1150 84.4% 15.6% 0.0% 649
Block Group 4, Tract 1150 100.0% 0.0% 0.0% 421
Block Group 1, Tract 1160 86.5% 6.6% 6.9% 713
Block Group 2, Tract 1160 75.5% 14.4% 10.1% 645
Block Group 1, Tract 1170 78.1% 15.4% 6.4% 590
Block Group 2, Tract 1170 78.7% 11.0% 10.3% 263
Block Group 3, Tract 1170 76.6% 6.4% 16.9% 590
Block Group 4, Tract 1170 81.8% 12.6% 5.5% 688
San Anselmo 80.7% 12.2% 7.1% 5,450
Marin County 58.0% 28.2% 13.9% 113,084
Source: American Community Survey, 2015-2019 (5-Year Estimates).

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Figure 7.56: Median Housing Age by Block Group (2019)
Source: 2015-2019 ACS (5-Year Estimates).
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Displacement Risk
Regional Trends
UC Berkley’s Urban Displacement project defines residential displacement as “the process by which a household is forced to move from its residence - or is prevented from moving into a neighborhood that was previously accessible to them because of conditions beyond their control.” As part of this project, the research has identified populations vulnerable to displacement (named “sensitive communities”) in the event of increased redevelopment and drastic shifts in housing cost. They defined vulnerability based on the share of low-income residents per tract and other criteria including: share of renters is above 40 percent, share of people of color is more than 50 percent, share of low-income households severely rent burdened, and proximity to displacement pressures. Displacement pressures were defined based on median rent increases and rent gaps. Using this methodology, sensitive communities in the Bay Area region were identified in the coastal census tracts of Contra Costa, Alameda, and San Francisco County, specifically in the cities of Vallejo, Richmond, Berkeley, Oakland, and San Francisco (Figure 7.57). In Marin County, sensitive communities were identified in the cites of Novato and San Rafael, and the unincorporated areas of Marin City, Strawberry, Northern and Central Coastal West Marin and Nicasio.

Figure 7.57: Regional Sensitive Communities At Risk of Displacement by Tract (2021) San Anselmo Housing Element | Affirmatively Furthering Fair Housing Prepared by Houseal Lavigne
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Local Trends
There are no areas in San Anselmo identified as sensitive communities at risk of displacement. The closest community at risk of displacement is east of San Anselmo in San Rafael.

Figure 7.58: Sensitive Communities At Risk of Displacement by Tract (2021) 12/12/2022 DRAFT FOR PUBLIC REVIEW
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As discussed previously, vulnerability is measured based on several variables including: share of renters exceeding 40 percent, share of people of color exceeding 50 percent, share of low-income households severely rent burdened, and proximity to displacement pressures. Displacement pressures were defined based on median rent increases and rent gaps. San Anselmo is a predominately owner-occupied household community (67.6 percent) with a large White population (85.9 percent). Since the 2006-2010 ACS, the non-Hispanic White population increased from 83.4 percent, and the share of owner-occupied households increased from 66.9 percent. As presented in Figure 7.50, White householders are significantly more likely to own their home compared to all other racial/ethnic groups in San Anselmo. Over 70 percent of non-Hispanic White households own their homes. In comparison, all Black/African American householders are renters. Similarly, 70.1 percent of householders of a race not listed (“Other race”) or multiple races, 60.8 percent of Hispanic/Latinx householders, and 46.5 percent of Asian/API householders are renters in San Anselmo.

Figure 7.59: Housing Tenure by Race of Householder (2019) Source: ABAG Data Needs Package, 2015-2019 ACS.

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Figure 7.60 shows the median contract rent in San Anselmo, Marin County, and the Bay Area from 2009 to 2019. As of 2019, San Anselmo had the lowest median contract rent price of $1,820 when compared to the county ($1,961) and the Bay Area ($1,849). Over the past ten years, median contract rent has increased by 39.3 percent in San Anselmo, a slightly higher increase than Marin County (37.9 percent) but significantly lower than the Bay Area region (54.6 percent). As discussed above, increasing rental prices in the town are more likely to disproportionately affect people of color, specifically Black/African American and Hispanic/Latinx households.

Figure 7.60: Median Contract Rent (2009-2019)
Source: ABAG Data Needs Package, 2015-2019 ACS.
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Homelessness
Regional Trends
As presented in Table 7.33, according to the County’s Point-in-Time (PIT) Homeless Count and Survey, there were 1,034 persons experiencing homelessness in Marin County in 2019. Most of persons experiencing homelessness in the county were unsheltered (68.5 percent). Another 16.6 percent were living in emergency shelters, and 14.9 percent were living in transitional housing. Since 2015, the county’s homeless population has decreased by 21 percent (1,309 persons in 2015). However, in 2015, only 64 percent of the homeless population was unsheltered compared to 68 percent in 2019.

Black/African American, Hispanic/Latinx, and American Indian/Alaska Native populations are all overrepresented in the County’s homeless population. Conversely, Asian, White, and “Other race” populations are underrepresented. Black or African American persons are the most overrepresented in the homeless population, accounting for 16.7 percent of the homeless population but only 2.2 percent of the population countywide.

Table 7.34 shows the share of people experiencing homelessness and total populations by race and ethnicity.

Table 7.33: Homelessness by Shelter Status – Marin County (2019)
Persons Percent
Sheltered – Emergency Shelter 172 16.6%
Sheltered – Transitional Housing 154 14.9%
Unsheltered 708 68.5%
Total 1,034 100.0%
Source: ABAG Housing Data Needs Package, HUD Continuum of Care (CoC) Homeless Popula- tions and Subpopulations Reports, 2019.

Table 7.34: Racial/Ethnic Share of General and Homeless Populations – Marin County (2019)
Share of Homeless Population
Share of Overall
Population
American Indian or Alaska Native (Hispanic and Non-Hispanic) 3.5% 0.4% Asian / API (Hispanic and Non-Hispanic) 3.1% 6.1%
Black or African American (Hispanic and Non-Hispanic) 16.7% 2.2% White (Hispanic and Non-Hispanic) 66.2% 77.8%
Other Race or Multiple Races (Hispanic and Non-Hispanic) 10.5% 13.5% Hispanic/Latinx 18.8% 15.9%
Non-Hispanic/Latinx 81.2% 84.1%
Source: ABAG Housing Data Needs Package – HUD Continuum of Care (CoC) Homeless Populations and Subpopulations Reports, 2019; 2015-2019 ACS (5-Year Estimates).

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The number of students in local public schools experiencing homelessness in the County has also increased in recent years. Since the 2016-17 school year, the number of students experiencing homelessness in Marin County has increased from 976 to 1,268 during the 2019-20 school year, a nearly 30 percent increase. Conversely, the Bay Area as a whole has seen a decrease in students experiencing homelessness during the same time period (Figure 7.61).

Figure 7.61: Students in Local Public Schools Experiencing Homelessness Source: Source: ABAG Housing Data Needs Package – California Department of Education, California Longitudinal Pupil Achievement Data System (CALPADS), Cumulative Enrollment Data.
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The County’s 2019 Homeless PIT Count and Survey found that nearly half (49 percent) of respondents reported that economic issues, such as rent increases or a lost job, were the primary cause of their homelessness. Other causes include personal relationship issues (36 percent), mental health issues (16 percent), substance use issues (14 percent), and physical health issues (11 percent). The 2019 PIT Count and Survey also showed that 73 percent of homeless respondents reported needing rental assistance (Figure 7.62). Additional assistance needed includes more affordable housing (69 percent), money for moving costs (55 percent), help finding an apartment (37 percent), transportation (31 percent), and case management (29 percent). The need for rental assistance reflects the high cost of housing in the County. As discussed previously, nearly half (47.7 percent) of renter-occupied households in the Town are cost burdened.

Figure 7.602 Assistance Needed to Obtain Permanent Housing Source: 2019 Marin County Point-in-Time (PIT) Count and Survey Report.

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Local Trends
According to the County’s 2019 PIT Count and Survey, there are no sheltered individuals experiencing homelessness in San Anselmo. There are no emergency shelters in San Anselmo. Emergency shelters located closest to the Town are all located in San Rafael and include Homeward Bound of Marin Mill Street Center (55 beds), Homeward Bound of Marin Family Center (25 beds), and Homeward Bound of Marin Voyager Program (10 beds). As shown in Figure 7.63, the Town’s homeless population has increased from 13 persons in 2015 to 20 persons in 2019, an increase of 54 percent. In comparison, the unsheltered population in Central Marin decreased 28.6 percent during the same period, from 388 individuals to 277 individuals. The unsheltered homeless population in San Anselmo represents only 3.4 percent of the unsheltered population in Central Marin in 2015, but 7.2 percent in 2019. Persons experiencing homelessness in San Anselmo represent a smaller proportion of the population (0.2 percent) compared to the County (0.4 percent).

Figure 7.63: Population of Unsheltered Homeless Individuals (2015-2019) Source: 2019 Marin County Point-in-Time (PIT) Count and Survey Report. 12/12/2022 DRAFT FOR PUBLIC REVIEW
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Site Inventory
AB 686 requires that a jurisdiction’s site inventory “…shall be used to identify sites throughout the community, consistent with…” its duty to affirmatively further fair housing. The number of units, location and assumed affordability of identified sites throughout the community (i.e., lower, moderate, and above moderate-income RHNA) relative to all components of the assessment of fair housing was integrated throughout the discussion in the fair housing assessment section.

A summary of the sites inventory analysis and a further breakdown of the RHNA strategy and AFFH variables by San Anselmo neighborhood is included below and shown in Table 7.35 and Figure 7.62. For the purposes of this analysis, the City has been divided into the following neighborhoods:
• Northern San Anselmo (Tract 1150): Bound by northern, eastern, and western Town boundaries and Sie Francis Drake Boulevard and Shaw Drive to the south.
• Central San Anselmo (Tract 1160): Bound by Sir Francis Drake Boulevard to the north, Madrone Avenue and Redwood Road to the south, and the western Town boundary.
• Southern San Anselmo (Tract 1170): Bound by the southern, eastern, and western Town boundaries and Redwood Road, Madrone Avenue, and Shaw Drive to the north.

Northern San Anselmo
There are only two sites identified in Northern San Anselmo. Most units are allocated towards the lower income RHNA (77 units). An additional 9 units are allocated towards the moderate-income RHNA. This section of the Town is a highest resource area with smaller proportions of non-White populations and LMI households. Half of renters and 39.6 percent of owners residing in this area neighborhood are cost burdened and only 0.3 percent of households are overcrowded, significantly lower than that statewide average of 8.2 percent. Less than 10 percent of the population in this tract experiences one or more disability and more than 80 percent of children residing in this tract live in married couple households.

Northern San Anselmo has the largest share of cost burdened renters (39.6 percent) amongst all San Anselmo tracts; however, rates of renter cost burdened are generally comparable to Central San Anselmo (31.4 percent) and Southern San Anselmo (39.4 percent). While the Town’s RHNA strategy places only lower income RHNA units in this area of the Town, lower income units are not isolated to this neighborhood alone. An additional 56 lower income units are located in Central San Anselmo and 388 in Southern San Anselmo, ensuring lower income housing is not concentrated in a single area of the Town. Further, like San Anselmo as a whole, this section of the Town is generally affluent with the highest access to opportunities including educational, environmental, transportation, and economic. Additional affordable units in this area may also serve the existing cost burdened household population residing in this tract. The Town’s RHNA strategy does not exacerbate existing fair housing conditions in Northern San Anselmo.

Central San Anselmo
There are seven sites located in Central San Anselmo, totaling 69 units (56 lower income units and 13 above moderate-income units). The block group encompassing the sites identified to meet the RHNA has a population of racial/ethnic minorities of 15.1 percent and LMI households of 41.7 percent. Central San Anselmo is considered a highest resource area where 54 percent of renters and 31.4 percent of owners are cost burdened.

There are no overcrowded households in this neighborhood.

While the Town’s RHNA strategy places mostly lower income units in Central San Anselmo, this is consistent with the overall distribution of RHNA units identified. Of the units identified to meet the RHNA, 51.9 percent are allocated towards the lower income category. Further, the Town’s strategy ensures lower income units alone are not concentrated in Central San Anselmo and that lower income units are distributed throughout several different areas of the town. This strategy promotes mixed income communities and ensures lower income units are not concentrated in an area where populations of LMI households are heightened. Like trends townwide, Central Anselmo is generally an affluent area with adequate access to opportunities and low to moderate levels of disproportionate housing needs. The Town’s RHNA strategy does not exacerbate existing fair housing conditions in this neighborhood.

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Southern San Anselmo
Southern San Anselmo has the highest concentration of sites. Southern San Anselmo contains a total of 164 sites with an allocation of 849 units (388 lower income units, 262 moderate-income units, and 199 above moderate-income units). Southern San Anselmo is also considered a highest resource tract where 55.6 percent of renters and 39.4 percent of owners are cost burdened. Only 2.5 percent of households in this area are overcrowded. Southern San Anselmo also has a higher concentration of persons with disabilities (11.4 percent) compared to the remainder of the town, likely do to the larger elderly population residing there.

Due to the high volume of sites in this area, Southern San Anselmo is shown below by block group. Block groups 1 and 2 have the highest concentration of RHNA units (382 units and 261 units, respectively). Block groups 1 and 2 are highest resource areas with few fair housing issues.

Block group 4, generally bound by San Anselmo Avenue and Center Avenue to the east and Cedar Street to the west, is the only LMI area in the town where 56 percent of households are low or moderate-income. While the Town does place 179 units in this block group, this includes a variety of unit types at various income levels. The Town allocates 40 lower income units, 47 moderate-income units, and 92 above moderate-income units in this block group ensuring lower and moderate-income units are not concentrated in an area where LMI households are currently more prevalent. Consistent with the town as a whole, Southern San Anselmo is an affluent, high resource area.

Table 7.35: RHNA Sites by AFFH Variables
Tract/BG
# of
Households
in Tract
Total
Capacity
(Units)
Income Distribution TCAC
Opp.

Category
% NonWhite%
LMI Pop.
% Overcrowded
Renter
Cost
Burden
Owner
Cost
Lower Moderate Burden Above
Moderate
Northern San Anselmo
1150 2,873 126 117 9 0 Highest 13.9% 25.2% 0.3% 50.0% 39.6% Central San Anselmo
1160 1,270 13 0 0 13 Highest 15.1% 41.9% 0.0% 54.0% 31.4% Southern San Anselmo
1170 1,864 698 237 262 199 Highest 17.1% 33.7% 2.5% 55.6% 39.4% 12/12/2022 DRAFT FOR PUBLIC REVIEW
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Figure 7.64: Sites Inventory
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Summary of Fair Housing Issues
Table 7.36, below, shows a summary of the issues identified in this Assessment of Fair Housing. Fair housing issues are most concentrated in tracts in the southern end of the Town, primarily in census tract 1170, where there are higher concentrations of low-moderate-income populations (census tract 1170, block group 4 contains 50-75 percent), populations with a disability (10-20 percent), homeowners overpaying for housing (greater than 80 percent), the lowest median income (census tract 1170, block group 4 has a median income of $56,324 which is less than the HCD State median of $87,100), population of individuals 18 years old and older living alone (20-40 percent), and is the only census tract that is not a racially concentrated area of affluence (RCAA).

Table 7.36 Summary of Fair Housing Issues
Fair Housing Issue Summary
Enforcement and Outreach
Fair Housing Records Fair Housing Advocates of Northern California provides free outreach and consultation regarding fair housing issues in Marin County, investigating all aspects of discrimination complaints.

Integration and Segregation
Race/Ethnicity San Anselmo has a relatively homogenous set of census tracts, all having high proportions of white populations. 85.9 percent of residents are White compared to 71.2 percent in Marin County.

Disability 7.6 percent of residents experience a disability compared to 9.1 % in the County.

Familial Status About 27 percent of households in Marin County have children under the age of 18, with 21 percent married-couple households with children and six percent single-parent households.

There are 1,655 households with children in San Anselmo representing 31.7 percent of households townwide. Most of the Town contains concentrations of greater than 80 percent households with children, with most of the opportunity sites located in these areas. Over five percent of households in the Town are single-parent households, most of which are female-headed single-parent households (3.5 percent).

Income Nearly 55 percent of households in San Anselmo earn more than 100 percent of the area median income (AMI), compared to 50percent in Marin County. Census tract 1140, block group 4 is the only census tract block group in the Town, located in along the southern Town boundary, that is considered an LMI area. According to the HCD Data Viewer, 56 percent of households residing in this block group are low or moderate-income.

Racially or Ethnically Concentrated Areas of Poverty
Racially/Ethnically Concentrated
Areas of Poverty (R/ECAPs)
There are no R/ECAPs in San Anselmo; there are also no tracts categorized as areas of high segregation and poverty by the Fair Housing Task Force.

Racially/Ethnically Concentrated
Areas of Affluence (RCAAs)
All of San Anselmo’s tracts have less than or equal to 20% non-white residents.

The block groups in the northern portion of the Town have median incomes greater than $100,000 while the block groups in the southern portion of the Town have median incomes between $80,000 and $100,000
Census tracts 1150 and 1160 are considered RCAAs and census tract 1170 is not an RCAA.

Access to Opportunities
Economic The entire Town scored an economic domain score of 0.5 – 0.75.

Education The entire Town scored an education domain score of .75-1, the most positive education outcomes.

Environmental The entire Town scored an environmental domain score of .75-1, the most positive environmental outcomes.

Transportation San Anselmo achieves a score of 5.6 according to AllTransit.

Disproportionate Housing Needs
Housing Problem 37.2 of the Town’s households experience a housing problem, while 40 percent of households in Marin County experience a housing problem.

In both the County and Town, renters are more likely to be affected by housing problems than owners.
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Fair Housing Issue Summary
Cost Burden 35.7 percent of households in San Anselmo are cost burdened compared to 37.7 percent countywide. Similarly, 47.7 percent of renters in the County are cost burdened compared to only 40 percent in the Town.

Overcrowding 0.8 percent of owner-occupied households are overcrowded, all of which are severely overcrowded.

Amongst renter households, 2.4 percent are overcrowded, and none are severely overcrowded.

In Marin County 3.9 percent of households are overcrowded and a higher proportion of renters experience overcrowded conditions compared to owners.

Incomplete Plumbing and Kitchen
Facilities
In Marin County, one percent of households lack complete kitchen facilities and 0.4 percent lack complete plumbing facilities. More than 2 percent of renters lack complete kitchen facilities compared to less than one percent of renter households lacking plumbing facilities.

There are no owner-occupied households in San Anselmo lacking complete kitchen facilities. A smaller proportion of households in San Anselmo lack complete kitchen facilities (0.3 percent) compared to Marin County (one percent). Only one percent of renters in the Town lack complete kitchen facilities (one percent) compared to both the County (2.4 percent) and Bay Area (2.6 percent).

Displacement There are no areas in San Anselmo that have been identified as sensitive communities at risk of displacement.

Fair Housing Issues and Contributing Factors
Lack of Fair Housing Testing, Education, and Outreach
The Town lacks information on fair housing law and discrimination complaint filing procedures on the Town website. Current outreach practices may not provide sufficient information related to fair housing, including federal and state fair housing law, and affordable housing opportunities.

Cost burdened households throughout San Anselmo may be unaware of affordable housing opportunities. Approximately 74 percent of discrimination com- plaints filed though FHANC between 2016 and 2021 were related to disability status. The Town may lack sufficient education and outreach related to reasonable accommodations and ADA laws based on the proportion of complaints related to disability status. Further, while fair housing testing was conducted in the County, fair housing tests in San Anselmo may be insufficient for monitoring housing discrimination.

Contributing Factors
• Lack of resources for fair housing agencies and organizations. • Lack of availability and awareness of affordable units in a range of sizes. • Lack of outreach, especially related to reasonable accommodations and ADA laws.

Lack of Housing Choice
The vast majority of the community is located in the R-1 zoning district which allows for only single-family detached homes and ADUs and JADUs.

The lack of housing choice throughout the community perpetuates issues of segregation, especially for the disability community.

Contributing Factors
• Overly restrictive zoning.
• Insufficient access to publicly supported housing for persons with disabilities.

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Discrimination in Home Sales Market and Disparities in Homeownership Rates Asian and Hispanic residents may be slightly underrepresented in the home loan application pool; however, the race or ethnicity of nearly a quarter of loan applicants is unknown. The Black/African American population was denied home loans at the highest rate (29 percent), significantly high than the White population (15 percent) and Hispanic population (15 percent). Asian applicants (18 percent) were also denied at a rate exceeding the townwide rate of 14.6 percent. The Hispanic/Latino and Asian populations make up the second and third largest racial/ethnic populations in the Town following the White population. Less than 30 percent of non-Hispanic White householders are renters compared to 100 percent of Black/African American householders, 70.1 percent of other/multiple race householders, 60.8 percent of Hispanic/Latinx householders, and 46.5 percent of Asian/API householders.

Contributing Factors
• Private discrimination in the home sales market.
• Availability of affordable housing in all areas of Town. • Lack of fair housing testing/monitoring
• Lack of opportunities for residents to obtain housing in higher opportunity areas Community Opposition to Affordable Housing
According to the 2020 County Analysis of Impediments to Fair Housing Choice, community opposition to housing development remains the number one barrier to housing development in the County. The AI cites the following reasons for community resistance to development: concerns about traffic congestion, a desire for the preservation of open spaces, loss of local control, and the impact on schools. According to the 2020 AI, opposition to new housing developments can arise in all neighborhoods of the County, but it is especially the case in majority White neighborhoods. As discussed previously, San Anselmo is characterized by a non-Hispanic White population of 85.9 percent, higher than the 71.2 percent countywide.

Contributing Factors
• Community concern about housing densities and impacts on traffic congestion, open spaces, loss of local control, and schools.

Substandard Housing Conditions
While the City does not have a large proportion of households lacking complete kitchen or plumbing facilities, approximately 93 percent of housing units are aged 30 years or older, including 80.7 percent aged 50 years or older, and may require minor or major rehabilitation. Aging housing units are most concentrated in the southwestern and central areas of the Town, but aging housing units are prevalent townwide.

Contributing Factors
• Lack of monitoring.
• Age of housing stock and cost of repairs or rehabilitation. 12/12/2022 DRAFT FOR PUBLIC REVIEW
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Implementation Actions
The following table links the fair housing issues and contributing factors identified above with the associated action to mitigate/resolve the issue.

Actions are from the Policies, Programs, and Actions section of this Housing Element. Additional detail on Town lead, time frame, and quantifiable metrics is available in Action Matrix included in that section.

Table 7.37 Affirmatively Furthering Fair Housing Implementation Matrix Contributing
Factors
Associated
Program / Action
(from Housing Element Action Matrix - see matrix for additional detail) Geographic
Target
Fair Housing Issue 1: Lack of Fair Housing Testing, Education, and Outreach Priority: High
CF 1.1: Lack of resources for fair
housing agencies and organizations. Action 9.1g: Ensure that information related to fair housing laws is easily available on the Town’s website and at key Town facilities, including the Town Hall and Police Station.

Town-wide
CF 1.2: Lack of availability and awareness of affordable units in a range of sizes (such as lack of family
housing).

Action 5.1a: Work with Marin County and neighboring jurisdictions to explore the feasibility of establishing a renter match program for ADU owners and prospective tenants.Town-wide CF 1.3: Lack of outreach
especially related to reasonable
accommodations and ADA laws.

Action 9.1h: Ensure that information related to reasonable accommodations for zoning regulations is easily available on the Town’s website.

Town-wide
Fair Housing Issue 2: Lack of Housing Choice
Priority: High
CF 2.1: Overly restrictive zoning. Action 3.1a: Amend the Zoning Code to allow missing middle housing types such as duplexes, triplexes, and quadplexes in the R-1 and R-2 districts. R-1 and R-2 Districts Action 3.1b: Adopt objective design standards that ensure that the design of new missing middle housing types are sensitive to the established character of San Anselmo’s neighborhood. R-1 and R-2 Districts Action 3.1c: Adopt pre-approved infill missing middle housing plans to reduce costs and streamline the approval of missing middle housing.

R-1 and R-2 Districts
Action 3.3c: Amend the Zoning Code to allow residential buildings containing single-room occupancy (SRO) units as a permitted use in the R-3 zoning district.R-3 District Action 5.1b: Work with Marin County and neighboring jurisdictions to explore the feasibility of establishing a home share program.Town-wide Action 5.3a: Establish an Affordable Housing Overlay District in the Zoning Code to incentivize the development of affordable housing by allowing greater building height, density, and floor area ratio and by reducing parking requirements for multifamily and mixed-use developments that provide a specified percent of units as affordable to low and very low-income households.

Town-wide
Action 5.3b: Conduct a study to determine the appropriate amount of incentive and percent requirement of units affordable to low and very low-income households for the Affordable Housing Overlay District to accommodate private development of affordable housing that does not require subsidy. Consider increasing incentives for affordable units with three or more bedrooms.

Town-wide
Action 5.7f: Establish an inclusionary housing ordinance to require affordable housing be provided as a part of all new multifamily and mixed-use development.Town-wide Program 6.3: Allow one JADU and multiple ADUs on lots one acre and larger in the R-1, R-1C, and R-1H districts.R-1, R-1C, R-1H Districts
280
Affirmatively Furthering Fair Housing Implementation Matrix Contributing
Factors
Associated
Program / Action
(from Housing Element Action Matrix - see matrix for additional detail) Geographic
Target
CF 2.2: Insufficient access to publicly supported housing for persons with disabilities.

Action 9.2a: Require that any development within the Affordable Housing Overlay be marketed to the disability community and non-English speakers, including new- immigrant and refugee communities.Town-wide Fair Housing Issue 3: Discrimination in Home Sales Market and Disparities in Homeownership Rate Priority: Medium
CF 3.1: Private discrimination in the
home sales market.

Action 9.1b: Assemble and promote the distribution of information to landlords regarding fair housing.Town-wide Action 9.1c: Involve Marin County Mediation Services to aid in housing-related problem resolution.Town-wide Action 9.1d: Designate the Town Attorney as the appropriate Town official to receive and administer complaints related to housing discrimination.Town-wide CF 3.2: Availability of affordable housing in all areas of the Town.Action 3.1a: Amend the Zoning Code to allow missing middle housing types such as duplexes, triplexes, and quadplexes in the R-1 and R-2 districts. R-1 and R-2 Districts Action 3.1b: Adopt objective design standards that ensure that the design of new missing middle housing types are sensitive to the established character of San Anselmo’s neighborhood.R-1 and R-2 Districts Action 3.1c: Adopt pre-approved infill missing middle housing plans to reduce costs and streamline the approval of missing middle housing.

Town-wide
Program 6.3: Allow one JADU and multiple ADUs on lots one acre and larger in the R-1, R-1C, and R-1H districts. R-1, R-1C, R-1H Districts
CF 3.3: Lack of fair housing testing/ monitoring. Action 9.1d: Designate the Town Attorney as the appropriate Town official to receive and administer complaints related to housing discrimination.Town-wide CF 3.4: Lack of opportunities for residents to obtain housing in higher opportunity areas.

Action 9.2a: Require that any development within the Affordable Housing Overlay be marketed to the disability community and non-English speakers, including new- immigrant and refugee communities.Town-wide Action 9.2b: Require that any development within the Affordable Housing Overlay make available paper and digital versions of multi-lingual applications available, and that all websites containing application information be accessible.Town-wide 12/12/2022 DRAFT FOR PUBLIC REVIEW
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Affirmatively Furthering Fair Housing Implementation Matrix Contributing
Factors
Associated
Program / Action
(from Housing Element Action Matrix - see matrix for additional detail) Geographic
Target
Fair Housing Issue 4: Community Opposition to Affordable Housing Priority: Medium
CF 4.1: Community concern about housing densities and impacts on traffic congestion, open spaces, loss
of local control, and schools.

Action 2.2a: Encourage developers to have neighborhood meetings with residents early in the process to undertake problem solving and facilitate more informed, faster and constructive development planning and review.

Town-wide
Action 2.2b: Coordinate with local businesses, housing advocacy groups, neighborhood groups, and the Chamber of Commerce to build public understanding and support for workforce, special needs housing and other issues related to housing, including the community benefits of affordable housing, mixed-use and pedestrian-oriented development.

Town-wide
Action 2.2c: Regularly reach out to community groups and residents representing a broad range of socio-economic groups in the community to solicit ideas for housing strategies when they are discussed at Planning Commission or Town Council meetings.

Town-wide
Fair Housing Issue 5: Substandard Housing Conditions
Priority: Medium
CF 5.1: Lack of monitoring. Action 1.3a: Develop a monitoring mechanism to ensure no net loss of housing occurs during the Housing Element Cycle and adjust zoning as neededTown-wide Action 1.3b: Develop an online dashboard that includes a mechanism that monitors "no net loss", ADU production, potential sites, production of affordable and market rate housing, and preserved housing supply.Town-wide CF 5.2: Age of housing stock and cost of repairs or rehabilitation.Action 4.3a: Coordinate with the Marin Housing Authority, PG&E, Marin Clean Energy, and other organizations to publicize available loan programs to eligible property owners on the Town e-newsletters and on the Town’s website.Town-wide Action 4.3b: Perform an analysis to compare the Town’s zoning regulations with housing development on the ground to determine whether amendments are needed to ensure that infill single-family detached housing is consistent in bulk and mass with other single-family detached housing in the neighborhood to help preserve smaller, naturally affordable housing in the community.

Town-wide
Action 4.4b: Assess the feasibility of providing property tax incentives for maintaining existing residences.Town-wide Action 7.2b: Work with local non-profits to create a day where volunteers provide free services such as home repairs and renovations for low-income elderly and disabled homeowners. Town-wide San Anselmo Housing Element | Affirmatively Furthering Fair Housing Prepared by Houseal Lavigne
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POLICIES, PROGRAMS,
8 AND ACTIONS
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Policies, Programs, and Actions
The policies, programs, and actions presented in the Action Matrix below provide the Town of San Anselmo with a coordinated and comprehensive strategy for promoting the production of safe, decent, and affordable housing throughout the community. The Action Matrix also identifies the town lead, time frame, and quantifiable metrics for each action to ensure the Town is held accountable in Housing Element implementation.

Table 8.1: Housing Element Action Matrix
Town
Lead
Completion
Time Frame Quantifiable Metric
Policy 1. Build Local Government Institutional Capacity and Monitor Accomplishments to Respond Effectively to Housing Needs.

Program 1.1: Take a proactive leadership role in working with community groups, other jurisdictions and agencies, non-profit housing sponsors, and the building and real estate industry in following through on identified Housing Element implementation actions in a timely manner.

Action 1.1a: Continue to implement the agreements with the Marin Housing Authority (MHA), for for-sale units and with local Bay Area and Marin County housing non-profits and affordable housing developers for for-rent units, to manage deed restricted affordable housing developments in San
Anselmo.

Planning Department Bi-annually
Conduct bi-annual coordination
calls to ensure continued
implementation.

Action 1.1b: Work with MHA, and local Bay Area and
Marin County housing non-profits and affordable housing developers to implement resale and rental regulations for very low-, low- and moderate-income units, and monitor to ensure that these units remain affordable.

Planning Department Summer 2025
Establish a database of properties
subject to resale and rental
regulations for monitoring
purposes.

Action 1.1c: Work with non-profits to assist in achieving the Town’s housing goals and implementing programs.

Coordination should occur on an ongoing basis and as special opportunities arise through Housing Element implementation.

Facilitate the participation of non-profits as an advisory role to assist the Town’s affordable housing consultant (see Program

1.2) in identifying funding and opportunities for development.

Planning Department Quarterly;
Case-by-case basis
Conduct quarterly coordination
calls to establish open, ongoing
communication.

Program 1.2: Seek ways to organize and allocate staffing and community resources effectively and efficiently to implement the programs of the Housing Element.

Action 1.2a: Provide a report annually to the Town Council to review progress on Housing Element programs. Annually prioritize programs for implementation and include funding in the Town’s budget.

Planning Department Annually Conduct annual meetings with the Planning Commission and Town
Council to report on progress of
Housing Element implementation.

Action 1.2b: Hire a consultant with expertise in affordable housing to present options for funding affordable housing projects, identifying affordable housing strategies and opportunities in San Anselmo as the Town budget is
developed.

Planning Department Annually Present affordable housing strategies and opportunities to the
Town Council prior to the adoption
of each annual budget.

Action 1.2c: Continue ongoing and annual outreach and
coordination with non-profit housing developers and
affordable housing advocates to p rovide advice and
comment on proposed zoning amendments and other
program implementation.

Planning Department;
Communications
Annually;
Case-by-case basis
Assess opportunities for non-profit
housing developers and affordable
housing advocates to provide
advice on proposed zoning and
other program implementation
on an ongoing basis as items are
brought forward.

Include non-profit housing
developers and affordable
housing advocates on the Town’s
e-newsletter mailing list to
ensure they are notified of zoning
amendments and other program
implementation efforts.
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Table 8.1: Housing Element Action Matrix
Town
Lead
Completion
Time Frame Quantifiable Metric
Program 1.3: Ensure regular monitoring and reporting, including outreach to the public, on the status of housing in San Anselmo.

Action 1.3a: Develop a monitoring mechanism to ensure
no net loss of housing occurs during the Housing Element planning period and adjust zoning as needed.

Planning Department Summer 2023;
Annually
Establish a monitoring mechanism
and assign a Planning Department
staff person to assess and identify
needed zoning adjustments.

Report annually to the Town
Council recommended zoning
adjustments to ensure no net loss
of housing occurs.

Action 1.3b: Develop an online dashboard that includes
a mechanism that monitors "no net loss", ADU production, potential sites, production of affordable and market rate housing, and preserved housing supply.

Planning Department Summer 2023 Establish an online dashboard and assign a Planning Department
staff person to update it regularly
for improved transparency on
Housing Element implementation
and streamlined annual reporting.

Action 1.3c: Develop and maintain an up-to-date residential sites inventory and provide interested developers with
information on available housing development opportunities and incentives.

Planning Department Summer 2023;
Quarterly
Establish a residential sites
inventory as a component of the
online dashboard (Action 1.3b).

Assign a Planning Department
staff person to update the
inventory and notify interested
developers.

Action 1.3d: Complete an evaluation and report of housing development on a regular basis to ensure that adequate
services and facilities, including water, wastewater, and neighborhood infrastructure are available.

Planning Department;
Public Works
Department
Annually Provide a report on the status
housing development and
infrastructure to the Town Council
annually.

Policy 2. Effectively Engage the Community
Program 2.1. Undertake effective and informed public participation to engage all economic segments and special needs groups in the community in the formulation and review of housing and land use policy issues.

Action 2.1a: Maintain the Housing Element mailing list and send public hearing notices to all interested public, non-profit agencies and affected property owners.

Planning Department Case-by-case basis Send public notices related to Housing Element implementation
to the Housing Element mailing
list.

Action 2.1b: Continue to use online tools such as map.
social and Balancing Act to better understand community preferences and collect feedback about specific housing opportunity sites.

Planning Department Annually Conduct annual campaigns to promote the use of tools such as
map.social and Balancing Act to
engage the community on Housing
Element implementation.

Action 2.1c: Continue to provide housing related surveys to gather a consensus on housing preferences in San Anselmo.

Planning Department Bi-Annually Conduct online questionnaires biannually to determine whether the Town’s housing preferences have
evolved.

Action 2.1d: Work with local schools to share information with the families of students regarding the formulation and review of housing and land use policy issues.

Planning Department Case-by-case basis Coordinate with local schools to send notification to families of
students regarding new housing
and land use policies under
consideration and to solicit
feedback.

Program 2.2: Build support for the development of new housing in the community.

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Table 8.1: Housing Element Action Matrix
Town
Lead
Completion
Time Frame Quantifiable Metric
Action 2.2a: Require developers to have neighborhood
meetings with residents early in the discretionary land use permit process as part of the application submittal to undertake problem solving and facilitate more informed, faster, and constructive development planning and review.

Planning Department Case-by-case basis Make mailing addresses for properties in close proximity
to potential development sites
available to developers in order to
facilitate
developer outreach and successful
neighborhood meetings.

Action 2.2b: Coordinate with local businesses, housing
advocacy groups, neighborhood groups, and the Chamber
of Commerce to build public understanding and support for workforce, special needs housing and other issues related to housing, including the community benefits of affordable housing, mixed-use and pedestrian-oriented development.

Planning Department Annually In partnership with local
businesses, housing advocacy
groups, neighborhood groups,
and the Chamber of Commerce
develop an annual article for the
Town’s e-newsletter about the
community benefits of recent
affordable housing, mixed-use, and
pedestrian-oriented development.

Action 2.2c: Regularly reach out to community groups and residents representing a broad range of socio-economic
groups in the community to solicit ideas for housing strategies when they are discussed at Planning Commission or Town
Council meetings.

Planning Department Case-by-case basis Coordinate with local community groups and schools (to send
notification to families of students
in an effort to reach out to
residents representing a broad
range of socio-economic groups)
regarding new housing and land
use policies under consideration
and to solicit feedback.

Policy 3. Maintain, Protect and Enhance Existing Housing, and Blend Well-Designed New Housing into the Community.

Program 3.1: Seek ways specific to each neighborhood and consistent with the AFFH analysis to provide new housing opportunities as part of each neighborhood’s fair share responsibility and commitment to help achieve community-wide housing goals.

Action 3.1a: Amend the Zoning Code to allow missing middle housing types such as duplexes, triplexes, and quadplexes in the R-1 and R-2 districts.

Planning Department Summer 2023 Adopt Zoning Code amendments to allow missing middle housing
types such as duplexes, triplexes,
and quadplexes in the R-1 and R-2
districts.

Action 3.1b: Adopt objective design standards that ensure that the design of new missing middle housing types are sensitive to the established character of San Anselmo’s neighborhoods.

Planning Department Summer 2023 Adopt objective design standards for all housing types, including
missing middle housing types.

Action 3.1c: Adopt pre-approved infill missing middle housing plans to reduce development costs and streamline the
approval of missing middle housing.

Planning Department Summer 2024 Adopt pre-approved infill missing middle housing plans.

Program 3.2: Review proposed new housing in order to achieve excellence in development design in an efficient process.

Action 3.2a: Adopt objective design standards for all housing types to clearly communicate San Anselmo’s development
design standards and streamline development approval
processes.

Planning Department Summer 2023 Adopt objective design standards for all housing types.

Program 3.3: Encourage innovative design that creates housing opportunities that are complementary to the location of the development. Enhance neighborhood identity and sense of community by ensuring that all new housing transitions sensitively to the surrounding area, avoids unreasonably affecting the privacy of neighboring properties, and avoids impairing access to light and air of structures on neighboring properties.

Action 3.3a: Amend the Town’s Planned Unit Development
process to clarify standards for review and streamline
processes to better accommodate innovative housing
opportunities.

Planning Department Summer 2024 Adopt amended Planned Unit Development standards and
procedures.
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Action 3.3b: Conduct a feasibility analysis to evaluate the Town’s ability to provide affordable housing through an inclusionary housing program that is consistent with the Town’s Regional Housing Needs Allocation.

Planning Department Summer 2023 Present the results of the feasibility analysis and associated
Planning Department staff
recommendations to the Town
Council for consideration.

Action 3.3c: Amend the Zoning Code to allow residential buildings containing single-room occupancy (SRO) units as a permitted use in the R-3 zoning district.

Planning Department Summer 2023 Adopt a Zoning Code amendment allowing SRO units as a permitted
use in the R-3 zoning district.

Policy 4. Support the Preservation of Housing
Program 4.1: To the extent permitted by law, limit the conversion of residential units to other uses and regulate the conversion of rental developments to non-residential uses unless there is a clear public benefit or equivalent housing can be provided.

Action 4.1a: Support initiatives that provide tools and funding mechanisms to preserve “at-risk” affordable housing units.

Planning Department Annually As a part of annual budget development, assess opportunities
to support initiatives that provide
tools and funding mechanisms
to preserve “at-risk” affordable
housing units.

Action 4.1b: Assess the feasibility of adopting strategies to preserve affordable housing stock, such as Right of First Refusal (to give qualified entities priority to purchase a property with an expiring rental subsidy contract), property tax incentives, a one-to-one replacement ordinance, and housing preservation funds.

Planning Department Summer 2025 Present the results of the feasibility analysis and associated
Planning Department staff
recommendations to the Town
Council for consideration.

Action 4.1c: Action 4.1c: When housing developments are identified as “at-risk” of converting from affordable to marketrate, work with MHA to reduce the potential of conversion and preserve or replace units, as needed, through the following strategies:
• Monitor the status of “at risk” units pursuant to Action

4.1d. If property owners indicate the desire to convert the units, consider providing technical assistance, when possible, to support preservation of the “at risk” units at an affordable price.
• Work with Marin Housing Authority and other agencies
and non-profits to seek funding to subsidize the longterm affordability of the “at risk” units.

Planning Department Case-by-case basis Regularly monitor the no net loss monitoring mechanism (Action

1.3a) and work with MHA to
convert, preserve, or replace units,
as needed, utilizing funding from
the Affordable Housing Impact Fee
program (Program 5.5).

Action 4.1d: Pursuant to AB 1521, designate a staff person responsible for tracking “at risk” units in order to preserve their affordability.

Planning Department Summer 2023;
Annually
Establish a no net loss monitoring
mechanism.

Assign a Planning Department
staff person to
update the monitoring mechanism
and track “at risk” units.

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Program 4.2: Except for limited equity cooperatives and other innovative housing proposals which are affordable to lower income households, conserve existing multifamily rental housing supply.

Action 4.2a: Prohibit conversions of rental developments to condominium ownership unless the proportion of multifamily rental units exceeds 25 percent of the total number of housing units in the Town, or, if the proportion of multifamily units exceeds 20 percent but is less than 25 percent, the tenant is granted a right to continued tenancy for five years at the same rental rate, adjusted for inflation.

Planning Department Summer 2024 Establish a mechanism to prohibit conversions of rental
developments to condominium
ownership except under the
identified conditions.

Program 4.3: Encourage good management practices, rehabilitation of viable older housing, and long-term maintenance and improvement of neighborhoods.

Action 4.3a: Coordinate with the MHA, PG&E, Marin Clean Energy, and other organizations to publicize available
loan programs to eligible property owners on the Town
e-newsletters and on the Town’s website.

Planning Department Quarterly Include information regarding MHA, PG&E, or Marin Clean
Energy loan programs in the
Town’s e-newsletters and website
on a quarterly basis.

Action 4.3b: Perform an analysis to compare the Town’s
zoning regulations with housing development on the ground to determine whether amendments are needed to ensure
that infill single-family detached housing is consistent in bulk and mass with other single-family detached housing in the neighborhood to help preserve smaller, naturally affordable housing in the community.

Planning Department Summer 2025 As a part of a full Zoning Code update, conduct an analysis
to compare the Town’s zoning
regulations with housing
development on the ground to
determine whether amendments
are needed to ensure that infill
single-family detached housing
is consistent in bulk and mass
with other single-family detached
housing in the neighborhood.

Program 4.4: Facilitate adaptive reuse of existing buildings on small parcels.

Action 4.4a: Allow for modified development standards where multifamily projects include the preservation of an existing building.

Planning Department Summer 2025 As a part of a full Zoning Code update, establish an Administrative
Exceptions process to allow for
ministerial approval of minor
variances to development
standards under certain
circumstances.

Action 4.4b: Assess the feasibility of providing property tax incentives for maintaining existing residences.

Planning Department Fall 2024 As a part of the nexus study conducted to support the
establishment and structure of an
Affordable Housing Impact Fee
program (Action 5.5a) assess
the feasibility of utilizing related
funds to provide property tax
incentives for maintaining existing
residences.

Program 4.5: Encourage and carry out creative strategies for the rehabilitation, adaptation, and reuse of residential, commercial, and industrial structures for housing in the spirit of retaining the mass, scale, and character of the Town.

Action 4.5a: Evaluate, and if appropriate, amend the
Zoning Code and other portions of the Municipal Code to remove potential constraints for adaptive reuse, such as the review/approval process, design requirements, and parking standards.

Planning Department Summer 2025 As a part of a full Zoning Code update, evaluate whether barriers
to adaptive reuse exist and
eliminate identified barriers as
appropriate.
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Policy 5. Eliminate Barriers to the Development of Market Rate and Affordable Housing Program 5.1: Strive to provide an adequate supply and variety of housing opportunities to meet the needs of San Anselmo’s workforce and their families, seeking to match housing types and affordability with household income.

Action 5.1a: Work with Marin County and neighboring
jurisdictions to explore the feasibility of establishing a renter match program for ADU owners and prospective tenants.

Planning Department Fall 2025 Conduct a feasibility analysis with Marin County and neighboring
jurisdictions regarding the
establishment of a renter match
program.

Action 5.1b: Work with Marin County and neighboring
jurisdictions to explore the feasibility of establishing a home share program.

Planning Department Fall 2025 Conduct a feasibility analysis with Marin County and neighboring
jurisdictions regarding the
establishment of a home share
program.

Action 5.1c: Work with Marin County and neighboring
jurisdiction to explore the feasibility of establishing a multilingual flier and/or email blast regarding housing opportunities.

Planning Department Fall 2025 Conduct a feasibility analysis with Marin County and neighboring
jurisdictions regarding the
establishment of a multi-lingual
flyer and/or email blast regarding
housing opportunities.

Program 5.2: Support mixed-use development, with nonresidential uses on the ground floor and residential uses on upper floors in San Anselmo’s commercially zoned areas.

Action 5.2a: Amend the Zoning Code to require all new
development and redevelopment in the C-L and C-3 districts to include residential units at a density of up to 30 dwelling units per acre.

Planning Department Summer 2023 Adopt Zoning Code amendments to require all new development and
redevelopment in the C-L and C-3
districts to include residential units
at a density of up to 30 dwelling
units per acre.

Action 5.2b: Amend the zoning standards, including
maximum density, maximum building height, and other
requirements, in the C-L and C-3 districts to accommodate mixed-use development.

Planning Department Summer 2023 Adopt zoning ordinance
amendments to accommodate
mixed-use development in the C-L
and C-3 districts.

Action 5.2c: Amend the Zoning Code to eliminate
minimum parking requirements for new development
and redevelopment within a half-mile of public transit in accordance with AB 2097.

Planning Department Summer 2023 Adopt Zoning Code amendments to eliminate minimum parking
requirements for new development
and redevelopment within a halfmile of public transit.

Action 5.2d: Amend theZoning Code to include flexible
parking requirements in areas not located within a half-mile of public transit such as joint use parking, off-site parking (currently allowed), allowances for reduced standards if developers do not bundle the cost of parking with the cost of rent, reducing parking stall dimensions, and “grandfathering” non-compliant buildings and uses.

Planning Department Summer 2023 Adopt Zoning Code amendments to establish minimum parking
requirements reductions.

Action 5.2e: Promote parcel consolidation for the assembly of new housing sites to ensure minimum densities are
achieved and integrated site planning occurs by (1) identifying priority sites for lot consolidation where common ownership occurs, (2) contacting property owners of contiguous vacant and underutilized sites, and (3) conducting outreach to affordable housing developers.

Planning Department Annually Conduct an annual assessment to identify priority sites for lot
consolidation where common
ownership occurs, contact property
owners of contiguous vacant and
underutilized sites, and conduct
outreach to affordable housing
developers when property owners
are interested in redevelopment.

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Action 5.2f: Conduct an analysis of fees collected for recent multifamily housing projects and compare to the actual time it took for plan check and inspections by staff and outside consultants to provide expedited review of desired housing developments and waivers or reductions of development fees where feasible and necessary.

Planning Department Annually As a part of annual budget development conduct an analysis
of fees collected for recent
multifamily housing projects and
compareit to the actual time it took
for plan check and inspections by
staff and outside consultants.

Program 5.3: Incentivize the development of affordable and special needs housing on identified housing opportunity sites.

Action 5.3a: Establish an Affordable Housing Overlay
District in the Zoning Code to incentivize the development of affordable housing by allowing greater building height, density, and floor area ratio and by reducing parking
requirements for multifamily and mixed-use developments that provide a specified percent of units as affordable to low and very low-income households.

Planning Department Summer 2025 As a part of a full Zoning Code update, adopt an Affordable
Housing Overlay District.

Action 5.3b: Conduct a study to determine the appropriate amount of incentive and percent requirement of units
affordable to low and very low-income households for the Affordable Housing Overlay District to accommodate private development of affordable housing that does not require subsidy. Consider increasing incentives for affordable units with three or more bedrooms.

Planning Department Summer 2024 Prior to the commencement of a full Zoning Code update, conduct a
study to determine the appropriate
amount of incentive and percent
requirement of units affordable
to low and very low-income
households for the Affordable
Housing Overlay District,
especially affordable units with
three or more bedrooms.

Action 5.3c: Apply resale controls and rent and income
restrictions to ensure that affordable housing provided through incentives and as a condition of development approval
remains affordable over time to the income group for which it is intended. Inclusionary units shall be deed-restricted to maintain affordability on resale to the maximum extent possible (at least 55 years).

Planning Department Summer 2025 As a part Affordable Housing Overlay District standards adopted
as a part of a full Zoning Code
update, establish requirements
for affordable units to be deed
restricted to the income group for
which it is intended.

Program 5.4: Modify fees and reduce costs for affordable housing projects.

Action 5.4a: Develop a policy to waive a percentage of
project review, permit, and impact fees based on the project’s level of affordability, up to a maximum of 50 percent for 100 percent affordable housing development projects.

Planning Department;
Administration and
Finance Department
Annually As a part of annual budget
development, assess the impact
of waiving a percentage of project
review, permit, and impact fees
based on the project’s level of
affordability
and pass waiver allowances, as
appropriate.

Action 5.4b: Evaluate requirements for on or offsite
improvements to determine which are feasible to minimize or eliminate in order to reduce construction financing costs for affordable housing development projects.

Planning Department Summer 2025 As a part of a full Zoning Code update, evaluate requirements
for on or offsite improvements
to determine which are feasible
to minimize or eliminate in order
to reduce construction financing
costs for affordable housing
development projects.
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Time Frame Quantifiable Metric
Program 5.5: Establish an Affordable Housing Impact Fee Program.

Action 5.5a: Conduct a nexus study to support the
establishment and structure of an Affordable Housing
Impact Fee to be levied upon new, above moderate- income housing development and to research and identify funding mechanisms to subsize undergrounding utilities for affordable housing development.

Planning Department Fall 2024 Hire a consultant to conduct a nexus study to support the
establishment and structure of an
Affordable Housing Impact
Fee and identify funding
mechanisms for undergrounding
utilities for affordable housing
developments.

Action 5.5b: Review best practices and sample ordinance language for similar Affordable Housing Impact Fee
programs in jurisdictions of similar size and economic and environmental constraints in Marin County and California and funding mechanisms to subsidize undergrounding utilities for affordable housing development.

Planning Department Fall 2024 Direct the hired consultant (Action

5.5a) to review best practices and
sample ordinance language for
similar Affordable Housing Impact
Fee programs in jurisdictions of
similar size and economic and
environmental constraints in
Marin County and California and
funding mechanisms to subsidize
undergrounding utilities for
affordable housing development.

Action 5.5c: Draft potential revised ordinance language and conduct community outreach for feedback.

Planning Department Winter 2024 Direct the hired consultant (Action

5.5a) to draft ordinance language
and facilitate public outreach.

Action 5.5d: Based on the outcomes of Actions 5.5a through

5.5c, present to Town Council for consideration and adoption, language establishing an Affordable Housing Impact Fee
Ordinance.

Planning Department Spring 2025 Direct the hired consultant to revise the draft ordinance
language per public feedback
received and present the revised
language to Town Council for
consideration and adoption.

Action 5.5e: Upon Town Council approval, establish a
general ledger account for the collection and deposit of Affordable Housing Impact Fee funds.

Planning Department;
Administration and
Finance Department
Spring 2025 Establish a general ledger
account for the collection and
deposit of Affordable Housing
Impact Fee funds.

Program 5.6: Monitor the disposition of publicly owned land for potential future use for housing development.

Action 5.6a: After the adoption of zoning amendments
proposed herein, fund and conduct a Town-owned property study to identify properties which may be suitable for future redevelopment with housing utilizing the revised standards.

Make the findings available to the public and interested developers via the Town’s website.

Planning Department Winter 2023 Conduct a Town-owned property study to identify properties
which may be suitable for future
redevelopment with housing
utilizing the revised standards.

Make the findings of the study
available on the online dashboard
(Action 1.3b).

Action 5.6b: Using the findings of the study referenced in Action 5.6a, develop a comprehensive program to support reuse of identified sites for housing purposes.

Planning Department Summer 2024 Establish a program to support reuse of identified sites for housing
purposes utilizing the online
dashboard (Action 1.3b) and
housing related outreach efforts
(Policy 2).

Program 5.7: Amend the Town’s Zoning Code to accommodate higher density and affordable housing.

Action 5.7a: Amend the standards for the R-2 district to allow up to 12 dwelling units per acre.

Planning Department Summer 2023 Adopt amended standards for the R-2 district to allow up to 12
dwelling units per acre.

Action 5.7b: Amend the standards for the R-3 district to allow up to 30 dwelling units per acre.

Planning Department Summer 2023 Adopt amended standards for the R-3 district to allow up to 30
dwelling units per acre.

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Action 5.7c: Amend the standards for the C-L district to require 30 dwelling units per acre.

Planning Department Summer 2023 Adopt amended standards for the C-L district to allow up to 30
dwelling units per acre.

Action 5.7d: Amend the standards for the C-3 district to require 30 dwelling units per acre.

Planning Department Summer 2023 Adopt amended standards for the C-3 district require 30 dwelling
units per acre.

Action 5.7e: Amend the standards for the SPD district to allow up to 30 dwelling units per acre.

Planning Department Summer 2023 Adopt amended standards for the SPD district to allow up to 30
dwelling units per acre.

Action 5.7f: Establish an inclusionary housing ordinance to require affordable housing be provided as a part of all new multifamily and mixed-use development.

Planning Department Summer 2023 Adopt an inclusionary housing ordinance.

Action 5.7g: Permit low-barrier navigation centers for residents who need housing as a by-right use in areas that the Town has zoned for mixed uses as well as nonresidential zones that permit multifamily land uses persuant to AB 101.

Planning Department Summer 2023 Reach out to non-profits and affordable housing developers
to provide low-barrier navigation
centers in Town.

Program 5.8: Amend the Town’s Zoning Ordinance to comply with recently adopted state legislation.

Action 5.8a: Amend the Town’s definition of group home in the Zoning Code to ensure compliance with the Lanterman Disabilities Services Act.

Planning Department Summer 2023 Adopt amendments to the Zoning Code as needed to comply
with the Lanterman Disabilities
Services Act.

Action 5.8b: Amend the Density Bonus section of the Zoning Code to comply with AB 1763, SB 1227, AB 2345, AB 682, AB 1551, and AB 2334.

Planning Department Summer 2023 Adopt amendments to the Zoning Code as needed to comply with AB
1763, SB 1227, AB 2345, AB 682,
AB 1551, and AB 2334.

Action 5.8c: Amend the Zoning Code to comply with the
Employee Housing Act.

Planning Department Summer 2023 Adopt amendments to the Zoning Code as needed to comply with
the Employee Housing Act.

Action 5.8d: Amend the Town’s definition of transitional and supportive housing in the Zoning Code to ensure
compliance with State law and allow them in all zoning
districts that allow residential uses in accordance with AB 2162.

Planning Department Summer 2023 Adopt amendments to the Zoning Code as needed to comply with AB
2162 and other State
law pertaining to transitional and
supportive housing.

Action 5.8e: Amend the Town’s regulations pertaining to emergency shelters to ensure compliance with SB 2 and AB 139.

Planning Department Summer 2023 Adopt amendments to the Zoning Code as needed to comply with SB
2 and AB 139.

Program 5.9: Streamline the project review process for housing-related applications.

Action 5.9a: Continue to utilize permit tracking software that is streamlined, user-friendly, web-based, and accessible to applicants 24-hours/day, 365 days/year.

Planning Department Annually Conduct an annual assessment of the Town’s permit tracking
software to ensure it continues to
be streamlined and user-friendly.

Action 5.9b: Update all housing development-related
application forms to ensure accuracy, clarity, and compliance with all State statutes, including the California Housing Accountability Act and Housing Crisis Act of 2019 (SB 330).

Planning Department Summer 2023 Adopt updated housing
development-related application
forms to ensure accuracy, clarity,
and compliance with all State
statutes, including the California
Housing Accountability Act and
Housing Crisis Act of 2019 (SB
330).

Action 5.9c: Continue to evaluate and improve the
streamlined processing system to facilitate residential development.

Planning Department Annually Conduct an annual assessment of the Town’s permit tracking
software to ensure it continues to
be streamlined and user-friendly.

Action 5.9d: Utilize CEQA exemptions for infill development sites to shorten the entitlement review time.

Planning Department Case-by-case basis As a part of initial application review, assess whether CEQA
exemptions can be utilized.
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Time Frame Quantifiable Metric
Policy 6. Promote the Construction and Affordability of Accessory Dwelling Units (ADUs) Program 6.1: Adopt pre-approved ADU plans to expedite approval and lower costs associated with ADU construction.

Action 6.1a: Conduct community outreach to determine the preferred ADU design style of San Anselmo residents.

Planning Department Summer 2024 Facilitate in-person and web based community outreach to determine
the preferred ADU design style of
San Anselmo residents.

Action 6.1b: Adopt sample ADU plans based on the feedback received from Action 6.1a.

Planning Department Fall 2024 Based on the feedback received during outreach (Action 6.1a)
develop ADU plans.

Action 6.1c: Work with the various Town departments to preapprove the ADU plans. Planning Department; Building Department;
Public Works
Department
Fall 2024 Pre-approve the ADU plans
developed as a part of Action 6.1b.

Program 6.2: Further streamline the ADU and JADU permitting process.

Action 6.2a: Assess the feasibility of waiving all fees associated with ADU permitting when the property owner
deed restricts their ADU to be rented at rates affordable to very low-income households.

Planning Department;
Administration and
Finance Department
Annually As a part of annual budget
development, assess the impact
of waiving fees associated with the
development of deed-restricted
affordable ADUs and pass waiver
allowances, as appropriate.

Action 6.2b: Establish an ADU Review Team comprised of
representatives from the Town’s various departments
including Planning, Fire, and Public Works and conduct
regular weekly meetings to ensure efficient review of ADU applications.

Planning Department Summer 2023;
Weekly
Establish the ADU review team.

Conduct weekly meetings to
review ADU applications.

Action 6.2c: Continue to incentivize ADUs and JADUs to be constructed along with new single-family detached housing by allowing concurrent permit review and approval.

Planning Department Case-by-case basis Inform property owners of ADU allowances and streamline
permitting when applications
for new home construction and
rehabilitation are received.

Action 6.2d: Consider allowing objective, administrative exceptions for specified zoning standards, such as maximum lot coverage, to accommodate ADUs and JADUs.

Planning Department Summer 2025 As a part of a full Zoning Code update, establish an Administrative
Exceptions process to allow for
ministerial approval of minor
variances for specified zoning
standards, such as maximum lot
coverage, to accommodate ADUs
and JADUs.

Action 6.2e: Enhance the Town’s Summary Guide to ADUs
to include diagrams, calculators, and other tools to help walk residents through the ADU/JADU permitting process.

Planning Department Spring 2024 Hire a consultant to develop an interactive web-based tool
to guide residents through the
ADU construction process in a
streamlined and user-friendly
manner.

Action 6.2f: Establish an ADU/JADU Information and
Resources webpage on the Town’s website.

Planning Department;
Communications
Spring 2023 Update the Town’s website to
include an ADU/JADU Information
and Resources webpage and
update it on an as-needed basis.

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Program 6.3: Allow one JADU and multiple ADUs on lots one acre and larger in the R-1, R-1C, and R-1H districts.

Action 6.3a: Review best practices and sample ordinance language for similar multiple attached or detached ADU
programs in jurisdictions of similar size and economic and environmental constraints in Marin County and throughout the state.

Planning Department Summer 2025 As a part of a full ordinance update, review best practices
and sample ordinance language
for similar multiple attached or
detached ADU programs.

Action 6.3b: Based on the findings of Action 6.3a, draft potential ordinance language facilitating allowing a maximum of two ADUs (attached or detached) and one JADU on lots one acre and larger within the R-1, R-1-H, and R-1-C districts and conduct community outreach for feedback.

Planning Department Summer 2025 As a part of a full ordinance update, draft potential ordinance
language facilitating allowing a
maximum of two ADUs (attached
or detached) and one JADU on
lots one acre and larger within the
R-1, R-1-H, and R-1-C districts
and conduct community outreach
for feedback.

Action 6.3c: Present to Town Council for consideration
and adoption, language allowing a maximum of two ADUs
(attached or detached) and one JADU on lots one acre and larger within the R-1 district.

Planning Department Summer 2025 As a part of a full ordinance update, present to Town Council
for consideration and adoption,
language allowing a maximum of
two ADUs (attached or detached)
and one JADU on lots one acre
and larger within the R-1 district.

Action 6.3d: Amend the Zoning Code to allow ADUs and
JADUs on parcels that use both the authority contained
in Government Code Section 65852.21 and the authority
contained in Government Code Section 66411.7.

Planning Department Summer 2025 As a part of a full ordinance update, amend the Zoning Code
to allow ADUs and JADUs on
parcels that use both the authority
contained in Government Code
Section 65852.21 and the authority
contained in Government Code
Section 66411.7.

Action 6.3e: Conduct a study of jurisdictions of similar size and economic and environmental constraints in Marin County and throughout the state to evaluate the feasibility of deed restrictions for ADUs. Based on this study, consider modifying requirements to implement these changes as appropriate.

Planning Department Fall 2025;
Winter 2025
After the completion of the full
Zoning Code update, assess the
feasibility of of deed restrictions
for ADUs.

Present to the Town Council the
feasibility study and options for
implementation.
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Time Frame Quantifiable Metric
Policy 7. Provide Housing for Special Needs Populations that is Coordinated with Support Services Program 7.1: As appropriate, assist service providers to link together services for special needs populations to provide the most effective response to persons experiencing homelessness or at risk of homelessness, youth needs, seniors, persons with mental or physical disabilities, substance abuse problems, HIV/ AIDS, physical and developmental disabilities, multiple diagnoses, veterans, victims of domestic violence, and other economically challenged or underemployed workers.

Action 7.1a: Identify, evaluate, and implement strategies to reduce the number of individuals experiencing homelessness both Town and Countywide in partnership with the Marin
County Health and Human Services, the Marin Homeless
Continuum of Care (CoC), social service providers, and nonprofit organizations.

Planning Department Winter 2024 Partner with Marin County Health and Human Services, the Marin
Homeless Continuum of Care
(CoC), social service providers,
and non-profit organizations to
develop a regional plan to prevent
and end homelessness.

Action 7.1b: Work with and promote the Marin County Health and Human Services Crisis Stabilization Unit which provides 24-hour service to Marin County residents and visitors
experiencing a mental health crisis.

Planning Department Summer 2023 Update the Town’s website to include information about the
Marin County Health and Human
Services Crisis Stabilization Unit.

Program 7.2: Ensure that new multifamily housing includes units that are accessible and adaptable for use by disabled persons in conformance with the California Building Code. This will include ways to promote housing design strategies, allowing seniors to “age in place.” Action 7.2a: Amend the Town’s Zoning Code to allow all
residential care facilities, for the elderly and for persons with a chronic life-threatening illness, both small and large, to be permitted in all multifamily and commercial districts.

Planning Department Summer 2023 Adopt Zoning Code amendments to allowe residential care facilities
in all multifamily and commercial
districts.

Action 7.2b: Work with local non-profits to create a day where volunteers provide free services such as home
repairs and renovations for low-income elderly and disabled homeowners.

Planning Department Annually Establish an annual day where volunteers provide free services
such as home repairs and
renovations for low-income elderly
and disabled homeowners in
partnership with local non-profits.

Program 7.3: Continue to publicize and create opportunities for using available rental assistance programs, such as the project-based Section 8 program and tenant-based Housing Choice Voucher program, in coordination with the Marin Housing Authority (MHA).

Action 7.3a: Continue to support the use of Marin Community Foundation funds for affordable housing and continue to participate in the Housing Stability program administered through MHA.

Planning Department Case-by-case basis;
Annually
Provide letters of support, as
needed, for the use of Marin
Community Foundation funds for
affordable housing.

Reaffirm annually the Town’s
participation in MHA’s Housing
Stability program.

Action 7.3b: Work with the MHA to promote the Housing
Choice Voucher program regularly through public outreach.

Planning Department;
Communications
Summer 2023 Update the Town’s website to
include information regarding
Housing Choice Vouchers and
to promote their acceptance by
landlords and use by residents.

Program 7.4: Actively engage with other jurisdictions in Marin County to support long-term housing solutions for homeless individuals and families in Marin County and implement the Marin County Continuum of Care actions in response to the needs of homeless families and individuals.

Action 7.4a: Allocate funds, as appropriate, for County and non-profit programs providing emergency shelter and related support services.

Planning Department;
Administration and
Finance Department
Annually As a part of annual budget
development, consider allocating
funds for County and non-profit
programs providing emergency
shelter and related support
services.

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Table 8.1: Housing Element Action Matrix
Town
Lead
Completion
Time Frame Quantifiable Metric
Action 7.4b: Continue to provide resources that support local and regional solutions that meet the needs of individuals experiencing homelessness. Continue to collaborate with other agencies to support shelters and programs, such as Housing First and Rapid Rehousing, and provide housing
resources and opportunities for individuals experiencing homelessness and displacement.

Planning Department Annually As a part of annual budget development, consider allocating
funds to support local and
regional solutions that meet the
needs of individuals experiencing
homelessness.

Program 7.5: Combat homelessness and support re-housing of people experiencing homelessness.

Action 7.5a: Encourage a dispersion of facilities to avoid an over-concentration of shelters for people experiencing homelessness in any given area. An over-concentration of such facilities may negatively impact the neighborhood in which they are located and interfere with the “normalization process” for clients residing in such facilities.

Planning Department Case-by-case basis As needed, advocate for the dispersion of facilities to avoid
an over-concentration of
shelters for people experiencing
homelessness in any given area.

Action 7.5b: Encourage positive relations between
neighborhoods and providers of permanent or temporary
emergency shelters. Providers or sponsors of emergency
shelters, transitional housing programs and community care facilities shall be encouraged to establish outreach programs within their neighborhoods and, when necessary, work with the Town or a designated agency to resolve disputes.

Planning Department Annually As a part of housing related community outreach (Policy 2),
provide emergency shelters,
transitional housing programs and
community care facilities with the
opportunity to engage with and
build positive relations with San
Anselmo residents.

Action 7.5c: As the opportunity arises, the Town will
participate in the funding of multi-jurisdictional emergency shelter projects such as the Project Homekey project at 1251 South Eliseo Drive and the Homeward Bound of Marin Workforce and veteran Housing project in Novato.

Planning Department;
Administration and
Finance Department
Case-by-case basis As a part of annual budget
development, consider allocating
funds for multi-jurisdictional
emergency shelter projects.

Action 7.5d: Conduct a study to identify appropriate locations in residential areas of the community for emergency shelters in accordance with AB 2339.

Planning Department Summer 2024 Engage a consultant to conduct a study to identify appropriate
locations in residential areas of the
community for emergency shelters.

Policy 8: Ensure Responsible Development in Wildland Urban Interface (WUI) Areas Program 8.1: Continue to support Ross Valley Fire Department (RVFD) plan review.

Action 8.1a: Enhance communications to residents regarding the required RVFD plan review.

Planning Department,
Communications
Summer 2023 Update the Town’s website to
provide clarified information
regarding required RVFD plan
review.

Action8.1b: Continue to require all new proposed landscape plans on properties in designated WUI areas to submit a vegetation management plan and receive approval by RVFD.

Planning Department Case-by-case basis Update application requirements to ensure that properties in
designated WUI areas submit a
vegetation management plan and
receive approval by RVFD.

Program 8.2: Continue to support community participation in the National Firewise USA® Recognition Program of the National Fire Protection Association (NFPA).

Action 8.2a: Establish a “Firewise San Anselmo” webpage to provide residents with valuable information about how to stay wildfire ready.

Administration and
Finance Department;
Fire Department
Winter 2023 Update the Town’s website to include a “Firewise San Anselmo” webpage.

Action 8.2b: Provide a link on the “Firewise San Anselmo” webpage to access information on which residential property insurance companies may be currently offering discounts for fire hardened homes.

Administration and
Finance Department;
Fire Department
Winter 2023
Establish, post on the “Firewise
San Anselmo” webpage, and
regularly update a list of insurance
companies that offer discounts for
fire hardened homes.

Action 8.2c: Consider participation in the Firewise USA Community, as recognized by the National Fire Protection Association (NFPA).

Administration and
Finance Department;
Fire Department
Winter 2023
Assess and present to the Town
Council the advantages and
disadvantages of participation
in the Firewise USA Community
program.

Program 8.3: Establish and enforce safety standards for structures and landscaping in WUI areas.

Action 8.3a: Continue to ensure that RVFD reviews proposed plans for all new buildings and major additions to ensure the construction complies with fire access requirements and makes recommendations for modifications to reduce fire
hazards.

Planning Department;
Building Department Case-by-case basis
Update application requirements
to ensure that properties in
designated WUI areas submit
proposed plans for all new
buildings and major additions and
receive approval by RVFD.
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Table 8.1: Housing Element Action Matrix
Town
Lead
Completion
Time Frame Quantifiable Metric
Policy 9: Affirmatively Further Fair Housing
Program 9.1: Eliminate discrimination in housing based on age, race, color, religion, sex, marital status, national origin, ancestry, or occupation.

Action 9.1a: Support fair access to housing for all persons without regard to race, color, religion, sex, marital status, national origin, or ancestry.

Planning Department Annually Annually adopt a resolution to support fair access to housing for
all persons without regard to race,
color, religion, sex, marital status,
national origin, or ancestry.

Action 9.1b: Assemble and promote the distribution of
information to landlords regarding fair housing.

Planning Department;
Communications
Summer 2023 Update the Town’s website to
include information regarding fair
housing for landlords.

Action 9.1c: Involve Marin County Mediation Services to aid in housing-related problem resolution.

Planning Department Case-by-case basis As needed, involve Marin County Mediation Services to
aid in housing-related problem
resolution.

Action 9.1d: Designate the Town Attorney as the appropriate Town official to receive and administer complaints related to housing discrimination.

Planning Department;
Town Attorney
Case-by-case basis As needed, direct all complaints
related to housing discrimination to
the Town Attorney.

Action 9.1e: Amend the Zoning Code to remove barriers for the approval of requests for reasonable accommodation to comply with the Americans with Disabilities Act.

Planning Department Summer 2025 As a part of a full Zoning Code update, remove barriers for
the approval of requests for
reasonable accommodation.

Action 9.1f: Provide maximum flexibility in the development of housing for persons with disabilities.

Planning Department Summer 2025 As a part of a full Zoning Code update, establish an Administrative
Exceptions process to allow for
ministerial approval of minor
variances for the development
of housing for persons with
disabilities.

Action 9.1g: Ensure that information related to fair housing laws is easily available on the Town’s website and at key Town facilities, including Town Hall and the library.

Planning Department;
Communications
Summer 2023;
Annually
Update the Town’s website to
include information regarding fair
housing law.

Annually work with Marin County
Mediation Services to make
flyers and literature regarding fair
housing law available at key Town
facilities.

Action 9.1h: Ensure that information related to reasonable accommodations for zoning regulations is easily accessible on the Town’s website.

Planning Department;
Communications
Summer 2023 Update the Town’s website to
include information regarding
reasonable accommodations.

Program 9.2: Proactively increase access to affordable housing options for historically marginalized and underrepresented groups.

Action 9.2a: Require that any development within the
Affordable Housing Overlay District be marketed to the
disability community and non-English speakers, including new-immigrant and refugee communities.

Planning Department Summer 2025 As part of the Affordable Housing Overlay District standards adopted
as a part of a full Zoning Code
update, establish requirements
for affordable units to be marketed
to the disability community and
non- English speakers.

Action 9.2b: Require that any development within the
Affordable Housing Overlay District prepares and publicizes paper and digital versions of multi-lingual applications, and that all websites containing application information be accessible.

Planning Department Summer 2025 As a part Affordable Housing Overlay District standards adopted
as a part of a full Zoning Code
update, establish requirements
for paper and digital versions of
multi-lingual applications be made
available and accessible.
298
299
APPENDIX A: PUBLIC
A

PARTICIPATION
300
Town Council Introduction Meeting
The following PowerPoint slides are from the Town Council Introduction Meeting.

CONSULTANT TEAM
Lead Consultant
Housing Element
Land Use Element
Environmental Justice Policies
Housing Element
Public Safety
Element
CEQA

HOUSEAL LAVIGNE TEAM
Robert Kain
Project Principal
Jackie Wells, AICP
Project Manager
Daniel Tse, AICP Chris Murphy
Housing Element Support
Lead: David Barquist, AICP
Public Safety Element
Lead: Aaron Pfannenstiel, AICP
CEQA
Lead: Charnelle Hicks, AICP
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HOUSING ELEMENT REQUIREMENTS
• Accommodate projected housing demand, as mandated by the State (RHNA)
• Increase housing production to meet this demand
• Preserve existing affordable housing
• Improve the safety, quality and condition of existing housing • Facilitate the development of housing for all income levels and household types including special needs populations
• Promote fair housing choices for all
PROJECT TIMELINE (TENT.)
Month Tasks
June • Establish HEAC
July • Community Workshop #1
• HEAC Meeting #1
August • Community Workshop #2
• HEAC Meeting #2
• Draft Opportunity Sites & Housing Policies
September • HEAC Meeting #3
• Finalize Housing Policies and Actions
• Town Council Project Update
October • Public Review Draft
• Planning Commission Meeting #1
November • HEAC Meeting #4
• Planning Commission Meeting #2 (Recommendation Hearing) • Submit for HCD Round 1 Review – 90-Days
December • Town Council First Reading
January • Town Council Adoption Hearing (Deadline January 31, 2023) San Anselmo Housing Element | Appendix A: Public Participation Prepared by Houseal Lavigne
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PROJECT TIMELINE (TENT.)
Month Tasks
June • Establish HEAC
July • Community Workshop #1
• HEAC Meeting #1
August • Community Workshop #2
• HEAC Meeting #2
• Draft Opportunity Sites & Housing Policies
September • HEAC Meeting #3
• Finalize Housing Policies and Actions
• Town Council Project Update
October • Public Review Draft
• Planning Commission Meeting #1
November • HEAC Meeting #4
• Planning Commission Meeting #2 (Recommendation Hearing) • Submit for HCD Round 1 Review – 90-Days
December • Town Council First Reading
January • Town Council Adoption Hearing (Deadline January 31, 2023) 12/12/2022 DRAFT FOR PUBLIC REVIEW
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HEAC Meeting 1
The following PowerPoint slides are from HEAC Meeting 1.

HEAC
MEETING #1
4:00pm
July 11, 2022
San Anselmo Housing Element Update
Town Team Introductions
■ Dave Donery – Town Manager
■ Sean Condry – Public Works Director
■ Heidi Scoble – Planning Director
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Consultant Team
Housing Element
Public Safety Element
Housing Element Public Safety Element
Lead Consultant
Houseal Lavigne Team Introductions
Robert Kain
Project Oversight
Jackie Wells, AICP
Project Manager
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HEAC Member Introductions
■ Please share your:
– Name
– Unique perspective you bring to the HEAC
Meeting Agenda
■ HEAC Roles and Responsibilities
■ Housing Element & RHNA 6 Introduction
■ Q & A Opportunity 1
■ Poll Questions
■ Upcoming Town Hall Overview
■ Next Steps
■ How to Spread the Word
■ Q & A Opportunity 2
■ Public Input Opportunity
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HEAC ROLES &

RESPONSIBILITIES
Housing Element Advisory Committee
(HEAC)
■ Role
– Ad hoc advisory committee to the Town Council
■ Responsibilities
– Review and provide feedback on draft Element components – Attend and participate in HEAC Meetings
– Spread the word about community engagement opportunities 12/12/2022 DRAFT FOR PUBLIC REVIEW
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HOUSING ELEMENT

INTRODUCTION
How is the
Housing
Element
related to the
rest of the
General Plan?
Every city in California must create a General
Plan that acts as a roadmap for the future
growth of the City.

General Plans must address key topic areas,
called Elements, that cover things like land
use, housing, transportation, services,
infrastructure, etc.

Each Element establishes broad objectives,
focused policies and specific actions the City
will take to achieve its goals.

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What is a Housing
Element?
■ Provides an assessment of the City’s housing needs and how best to accommodate the housing needs of existing and future residents.
■ Sets citywide goals, objectives and policies for housing, and identifies housing conditions and needs within the community.
■ Must be reviewed for compliance and certified by State Department of Housing and Community Development (HCD).

Why are Housing Elements Updated?
■ Ensure the City complies with State housing laws
■ Demonstrate San Anselmo’s ability to meet future
housing growth needs
■ To adopt and implement policies addressing local
housing issues
■ Allow the community to further engage in the planning process
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Housing Element Requirements
■ Increase housing production to meet this demand
■ Preserve existing affordable housing
■ Improve the safety, quality and condition of existing housing ■ Facilitate the development of housing for all income levels and household types including special needs populations
■ Promote fair housing choice for all
■ Accommodate projected housing demand, as mandated by the State (RHNA) What is "RHNA"?
■ Regional Housing Needs Allocation
– Assigned by State via ABAG
– Projected number of new units needed in the region
over 8 years
– Broken into four income categories
– Currently in Cycle 5 or “RHNA 5"
– Planning for Cycle 6 or "RHNA 6"
■ RHNA 5: 2014-2022
■ RHNA 6: 2023-2031
Association of Bay Area
Governments
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RHNA 5 Success
Income
Level RHNA 5 Allocation Building Permit
Issued Target Achieved
Very Low Income
(0-50% AMI) 33 21 12 Remaining
Low Income
(51-79% AMI) 17 33 Exceeded by 16
Moderate Income
(80-119% AMI) 19 31 Exceeded by 12
Above Moderate Income
(120% AMI +) 37 46 Exceeded by 9
TOTAL: 106 131 Exceeded by 25
RHNA 5 Success
Income
Level RHNA 5 Allocation Building Permit
Issued Target Achieved
Very Low Income
(0-50% AMI) 33 21 12 Remaining
Low Income
(51-79% AMI) 17 33 Exceeded by 16
Moderate Income
(80-119% AMI) 19 31 Exceeded by 12
Above Moderate Income
(120% AMI +) 37 46 Exceeded by 9
TOTAL: 106 131 Exceeded by 25
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San Anselmo’s RHNA 6 Allocation
Income Level RHNA 6 Allocation
Very Low Income (0-50% AMI) 253
Low Income (51-79% AMI) 145
Moderate Income (80-119% AMI) 121
Above Moderate Income (120% AMI+) 314
20% Not Net Loss Buffer 167
TOTAL: 1,000
AMI = Area Median Income
AMI for Marin County = $166,000/year for a family of four Units Already
Accounted For
■ ADUs
■ Pipeline Projects
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Counting ADUs
■ Application of Methodology in San
Anselmo
– 2019: 10 ADUs
– 2020: 22 ADUs
– 2021: 27 ADUs
Counting ADUs
■ HCD Methodology
– Average the number of ADUs
permitted in the last 3 years
– Multiply the average by 8 (number
of years in RHNA Cycle)
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ADU Income Category Distribution
■ ABAG Approved Methodology
– Very Low Income: 30%
– Low Income: 30%
– Moderate Income: 30%
– Above Moderate Income: 10%
Counting ADUs
■ Application of Methodology in San
Anselmo
– 2019: 10 ADUs
– 2020: 22 ADUs
– 2021: 27 ADUs
– 3-year average: ~20 ADUs
– 3-year average x 8 years in RHNA
Cycle: 160 ADUs
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San Anselmo’s RHNA 6 Allocation
Income Level RHNA 6 Allocation RHNA 6 Allocation
After ADUs
Very Low Income 253 205
Low Income 145 97
Moderate Income 121 73
Above Moderate Income 314 298
20% Not Net Loss Buffer 167 167
TOTAL: 1,000 840
AMI = Area Median Income
AMI for Marin County = $166,000/year for a family of four ADU Income Category Distribution
■ ABAG Approved Methodology
– Very Low Income: 30%
– Low Income: 30%
– Moderate Income: 30%
– Above Moderate Income: 10%
■ San Anselmo ADU Distribution
– Very Low Income: 48
– Low Income: 48
– Moderate Income: 48
– Above Moderate Income: 16
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What happens if San Anselmo does not
comply?
■ Monetary Impacts
– Fines ranging between $10,000-$600,000/month
– Freeze on state grant funds
■ Restriction or Loss of Local Control of Land Use
Why is RHNA 6 different?
■ Increase in Regional Allocation
– RHNA 5 = 187,990
– RHNA 6 = 441,176 units
– ∆ = 253,186 units (135% increase)
■ Fair Housing Requirements
– Affirmatively Furthering Fair Housing (AFFH) requires jurisdictions to demonstrate that they are actively
working to both dismantle the legacy of segregation
and create equal housing opportunities.
■ Site Identification Constraints
– Limits on reuse of sites from RHNA 5
– Stricter ADU Requirements
■ Inclusion of Safety Element
– Every 8 years must update climate vulnerability and
adaptation, fire, flooding, and evacuation sections
– Jurisdictions in the State Responsibility Area and the Very High Fire Hazard Severity Zone must address
specific wildfire requirements
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Housing Element Introduction: Synopsis
■ RHNA = Regional Housing Needs Allocation
■ Each RHNA cycle is 8 years
– Currently in the 5th RHNA Cycle (RHNA 5: 2014-2022)
– Planning for the 6th RHNA Cycle (RHNA 6: 2023-2031)
■ Town's RHNA 6 Allocation is 883 units over 8 years
– 20% No Net Loss Buffer brings RHNA 6 Allocation to 1,000 units over 8 years ■ HE = Housing Element
– Chapter of General Plan
– Must be updated at each 8-year RHNA cycle to plan for new allocation Where do we go from here?
Can we develop a community driven plan that
accommodates our RHNA number in a way that
reflects the character of San Anselmo and
maintains local control?
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TOWN HALL OVERVIEW

POLL QUESTIONS
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Facilitated Discussion
■ What strategies could the town consider using in order to successfully meet the state mandate?
■ What do you think is the best way to address the state’s affordability requirements?
■ What about the RHNA 6 process are you most
concerned about?
■ What opportunities do you see for the Town as a part of the RHNA 6 process?
Town Hall #1
■ Town Hall #1 will be hosted on July 21
■ Event Format
– Housing Element Introduction
– Facilitator Guided Conversation
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Project Timeline & Next Steps
Month Tasks
June Establish HEAC
HEAC Meeting #1- Housing Element Introduction
Community Workshop #1 - Intro and Strategies Review
ADU Questionnaire
HEAC Meeting #2- Strategies Review
Community Workshop #2 - Opportunity Sites Review
HEAC Meeting #3 - Opportunity Sites Review
Draft Opportunity Sites & Housing Policies
HEAC Meeting #4 Policies, Programs, and Actions Review
Finalize Policies, Programs, and Actions
Town Council Project Update
Housing Element Drafting
Internal Review Draft
HEAC Meeting #5 Internal Review Draft Overview
Post Public Review Draft (30 Day Comment Period)
HCD Review Period (90 days)
Joint Town Council and Planning Commission Special Meeting December Document Formatting
Town Council 1st Reading
HCD Review Comments
Housing Element Refinement per Public and HCD Feedback
Town Council Adoption Hearing (Deadline January 31, 2023) November
January
July
August
September
October

NEXT STEPS
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HOW TO

SPREAD THE WORD
Upcoming HEAC Meeting Scheduling
HEAC Meeting 2
■ July 26
■ July 27
■ July 28
HEAC Meeting 3
■ August 30
■ August 31
■ September 1
Meetings will last approximately 90 minutes and will begin at 4pm. 12/12/2022 DRAFT FOR PUBLIC REVIEW
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QUESTIONS?
Encourage Your Friends and Neighbors to:
■ Visit the Project Webpage: https://www.townofsananselmo.org/1517/Housing-Element-Update ■ Provide Feedback: Email questions or comments to: [email protected] San Anselmo Housing Element | Appendix A: Public Participation Prepared by Houseal Lavigne
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THANK YOU!

PUBLIC INPUT

OPPORTUNITY
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Town Hall Meeting 1
The following PowerPoint slides are from the Town Hall Meeting 1.

INFORMATION

SESSION
6:00pm
July 21, 2022
San Anselmo Housing Element Update
Town Team Introductions
■ Dave Donery – Town Manager
■ Sean Condry – Public Works Director
■ Heidi Scoble – Planning Director
■ Kelley Warner – Community Engagement
Coordinator
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Housing Element Advisory Committee
(HEAC)
■ Role
– Ad hoc advisory committee to the Town Council
■ Responsibilities
– Review and provide feedback on draft Element components – Attend and participate in HEAC Meetings
– Spread the word about community engagement opportunities Housing Element Advisory Committee
Introduction
■ Alexis Fineman – Mayor
■ Eileen Burke – Town Councilmember
■ Tom Tunny – Planning Commissioner
■ Kathy Ogren – HEAC Member
■ Richard Redmond – HEAC Member
■ Robin Poppins – HEAC Member
■ Sandra Becker – HEAC Member
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Consultant Team
Housing Element
Public Safety Element
Housing Element Public Safety Element
Lead Consultant
Houseal Lavigne Team Introductions
Robert Kain
Project Oversight
Jackie Wells, AICP
Project Manager
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HOUSING ELEMENT

INTRODUCTION
How is the
Housing
Element
related to the
rest of the
General Plan?
Every city in California must create a General
Plan that acts as a roadmap for the future
growth of the City.

General Plans must address key topic areas,
called Elements, that cover things like land
use, housing, transportation, services,
infrastructure, etc.

Each Element establishes broad objectives,
focused policies and specific actions the City
will take to achieve its goals.
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What is a Housing
Element?
■ Provides an assessment of the City’s housing needs and how best to accommodate the housing needs of existing and future residents.
■ Sets citywide goals, objectives and policies for housing, and identifies housing conditions and needs within the community.
■ Must be reviewed for compliance and certified by State Department of Housing and Community Development (HCD).

Why are Housing Elements Updated?
■ Ensure the City complies with State housing laws
■ Demonstrate San Anselmo’s ability to meet future
housing growth needs
■ To adopt and implement policies addressing local
housing issues
■ Allow the community to further engage in the planning process
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Housing Element Requirements
■ Increase housing production to meet this demand
■ Preserve existing affordable housing
■ Improve the safety, quality and condition of existing housing ■ Facilitate the development of housing for all income levels and household types including special needs populations
■ Promote fair housing choice for all
■ Accommodate projected housing demand, as mandated by the State (RHNA) What is "RHNA"?
■ Regional Housing Needs Allocation
– Assigned by State via ABAG
– Projected number of new units needed in the region
over 8 years
– Broken into four income categories
– Currently in Cycle 5 or “RHNA 5"
– Planning for Cycle 6 or "RHNA 6"
■ RHNA 5: 2014-2022
■ RHNA 6: 2023-2031
Association of Bay Area
Governments
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RHNA 5 Success
Income
Level RHNA 5 Allocation Building Permit
Issued Target Achieved
Very Low Income
(0-50% AMI) 33 21 12 Remaining
Low Income
(51-79% AMI) 17 33 Exceeded by 16
Moderate Income
(80-119% AMI) 19 31 Exceeded by 12
Above Moderate Income
(120% AMI +) 37 46 Exceeded by 9
TOTAL: 106 131 Exceeded by 25
San Anselmo’s RHNA 6 Allocation
Income Level RHNA 6 Allocation
Very Low Income (0-50% AMI) 253
Low Income (51-79% AMI) 145
Moderate Income (80-119% AMI) 121
Above Moderate Income (120% AMI+) 314
20% Not Net Loss Buffer 167
TOTAL: 1,000
AMI = Area Median Income
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Units Already
Accounted For
■ ADUs
■ Pipeline Projects
Counting ADUs
■ HCD Methodology
– Average the number of ADUs
permitted in the last 3 years
– Multiply the average by 8 (number
of years in RHNA Cycle)
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Counting ADUs
■ Application of Methodology in San
Anselmo
– 2019: 10 ADUs
– 2020: 22 ADUs
– 2021: 27 ADUs
Counting ADUs
■ Application of Methodology in San
Anselmo
– 2019: 10 ADUs
– 2020: 22 ADUs
– 2021: 27 ADUs
– 3-year average: ~20 ADUs
– 3-year average x 8 years in RHNA
Cycle: 160 ADUs
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ADU Income Category Distribution
■ ABAG Approved Methodology
– Very Low Income: 30%
– Low Income: 30%
– Moderate Income: 30%
– Above Moderate Income: 10%
ADU Income Category Distribution
■ ABAG Approved Methodology
– Very Low Income: 30%
– Low Income: 30%
– Moderate Income: 30%
– Above Moderate Income: 10%
■ San Anselmo ADU Distribution
– Very Low Income: 48
– Low Income: 48
– Moderate Income: 48
– Above Moderate Income: 16
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San Anselmo’s RHNA 6 Allocation
Income Level RHNA 6 Allocation RHNA 6 Allocation
After ADUs
Very Low Income 253 205
Low Income 145 97
Moderate Income 121 73
Above Moderate Income 314 298
20% Not Net Loss Buffer 167 167
TOTAL: 1,000 840
AMI = Area Median Income
AMI for Marin County = $166,000/year for a family of four Pipeline Projects
Type of
Project
Number of
Units
Very Low
Income
Units
Low
Income
Units
Moderate
Income
Units
Above
Moderate
Income
Units
Single-Family
Detached
1 1
ADUs 14 4 4 4 2
Multifamily 18 2 16
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San Anselmo’s RHNA 6 Allocation
Income Level RHNA 6
Allocation
RHNA 6
Allocation
After ADUs
RHNA 6
Allocation
After ADUs
& Pipeline
Very Low Income 253 205 199
Low Income 145 97 93
Moderate Income 121 73 69
Above Moderate Income 314 298 279
20% Not Net Loss Buffer 167 167 167
TOTAL: 1,000 840 807
AMI = Area Median Income
AMI for Marin County = $166,000/year for a family of four Why is RHNA 6 different?
■ Increase in Regional Allocation
– RHNA 5 = 187,990
– RHNA 6 = 441,176 units
– ∆ = 253,186 units (135% increase)
■ Fair Housing Requirements
– Affirmatively Furthering Fair Housing (AFFH)
requires jurisdictions to demonstrate that they are
actively working to both dismantle the legacy of
segregation and create equal housing
opportunities.
■ Site Identification Constraints
– Limits on reuse of sites from RHNA 5
– Stricter ADU Requirements
■ Inclusion of Safety Element
– Every 8 years must update climate vulnerability and
adaptation, fire, flooding, and evacuation sections
– Jurisdictions in the State Responsibility Area and
the Very High Fire Hazard Severity Zone must
address specific wildfire requirements
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What happens if San Anselmo does not
comply?
■ Monetary Impacts
– Fines ranging between $10,000-$600,000/month
– Freeze on state grant funds
■ Restriction or Loss of Local Control of Land Use
Housing Element Introduction: Synopsis
■ RHNA = Regional Housing Needs Allocation
■ Each RHNA cycle is 8 years
– Currently in the 5th RHNA Cycle (RHNA 5: 2014-2022)
– Planning for the 6th RHNA Cycle (RHNA 6: 2023-2031)
■ Town's RHNA 6 Allocation is 883 units over 8 years
– 20% No Net Loss Buffer brings RHNA 6 Allocation to 1,000 units over 8 years ■ HE = Housing Element
– Chapter of General Plan
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POLL QUESTIONS
Where do we go from here?
Can we develop a community driven plan that
accommodates our RHNA number in a way that
reflects the character of San Anselmo and
maintains local control?
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NEXT STEPS
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STAY INFORMED &

SPREAD THE WORD
Upcoming Meetings and Events
HEAC Meetings
■ Monday, July 25 at 4pm via Zoom
■ Thursday, September 1 at 4pm via Zoom
Community Workshop
■ Thursday, August 25 at 6pm via Zoom
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How to Stay Involved
■ Take the ADU Questionnaire: available on the Housing Element Webpage ■ Visit the Housing Element Update Webpage: San Anselmo Housing Element Update | San Anselmo, CA - Official Website (townofsananselmo.org)
■ Attend Housing Element Advisory Committee Meetings: Housing Element Advisory Committee (HEAC) | San Anselmo, CA - Official Website (townofsananselmo.org) ■ Sign up to review notifications: Notify Me • San Anselmo • CivicEngage (townofsananselmo.org)
■ Attend the August 25, 2022 Second Community Workshops: Discuss Housing Opportunity Sites
■ Email the HEAC and Share your thoughts and ideas or if you are interested in adding units to your property: [email protected]
QUESTIONS?
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THANK YOU!
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HEAC Meeting 2
The following PowerPoint slides are from HEAC Meeting 2.

Meeting Agenda
■ HEAC Meeting 1 and Public Information
Session Poll Results Overview
■ Preferred Housing Location map.social
Exercise
■ Next Steps
■ How to Spread the Word
■ Q & A
HEAC
MEETING #2
4:00pm
July 25, 2022
San Anselmo Housing Element Update
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What do you like most about living in
San Anselmo?
HEAC Meeting Public Meeting

POLL RESULTS
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How can San Anselmo address housing
affordability within Town limits?
HEAC Meeting Public Meeting
Which housing types do you feel are most
appropriate for San Anselmo?
HEAC Meeting Public Meeting
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NEXT STEPS

PREFERRED HOUSING

LOCATIONS EXERCISE
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Upcoming Meetings and Events
Community Workshop
■ Thursday, August 25 at 6pm via Zoom
HEAC Meeting
■ Thursday, September 1 at 4pm via Zoom
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Tell you friends and neighbors to:
■ Take the ADU Questionnaire: available on the Housing Element Webpage ■ Visit the Housing Element Update Webpage: San Anselmo Housing Element Update | San Anselmo, CA - Official Website (townofsananselmo.org)
■ Attend Housing Element Advisory Committee Meetings: Housing Element Advisory Committee (HEAC) | San Anselmo, CA - Official Website (townofsananselmo.org) ■ Sign up to review notifications: Notify Me • San Anselmo • CivicEngage (townofsananselmo.org)
■ Attend the August 25, 2022 Second Community Workshops: Discuss Housing Opportunity Sites
■ Email the HEAC and Share your thoughts and ideas or if you are interested in adding units to your property: [email protected]
HOW TO

SPREAD THE WORD
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THANK YOU!
QUESTIONS?
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Town Hall Meeting 2
The following PowerPoint slides are from the Town Hall Meeting 2.

COMMUNITY

WORKSHOP
6:00pm
August 25, 2022
San Anselmo Housing Element Update
Town Team Introductions
■ Dave Donery – Town Manager
■ Sean Condry – Public Works Director
■ Heidi Scoble – Planning Director
■ Kelley Warner – Community Engagement
Coordinator
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Housing Element Advisory Committee
(HEAC)
■ Role
– Ad hoc advisory committee to the Town Council
■ Responsibilities
– Review and provide feedback on draft Element components – Attend and participate in HEAC Meetings
– Spread the word about community engagement opportunities Housing Element Advisory Committee
Introduction
■ Alexis Fineman – Mayor
■ Eileen Burke – Town Councilmember
■ Tom Tunny – Planning Commissioner
■ Kathy Ogren – HEAC Member
■ Richard Redmond – HEAC Member
■ Robin Poppins – HEAC Member
■ Sandra Becker – HEAC Member
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Consultant Team
Housing Element
Public Safety Element
Housing Element Public Safety Element
Lead Consultant
Houseal Lavigne Team Introductions
Robert Kain
Project Oversight
Jackie Wells, AICP
Project Manager
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HOUSING ELEMENT

OVERVIEW
What is a Housing
Element?
■ Provides an assessment of the City’s housing needs and how best to accommodate the housing needs of existing and future residents.
■ Sets citywide goals, objectives and policies for housing, and identifies housing conditions and needs within the community. ■ Must be reviewed for compliance and certified by State Department of Housing and Community Development (HCD).

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What is "RHNA"?
■ Regional Housing Needs Allocation
– Assigned by State via ABAG
– Projected number of new units needed in the region
over 8 years
– Broken into four income categories
– Currently in Cycle 5 or “RHNA 5"
– Planning for Cycle 6 or "RHNA 6"
■ RHNA 5: 2014-2022
■ RHNA 6: 2023-2031
Association of Bay Area
Governments
San Anselmo’s RHNA 6 Allocation
Income Level RHNA 6 Allocation
Very Low Income (0-50% AMI) 253
Low Income (51-79% AMI) 145
Moderate Income (80-119% AMI) 121
Above Moderate Income (120% AMI+) 314
20% Not Net Loss Buffer 167
TOTAL: 1,000
AMI = Area Median Income
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Units Already
Accounted For
■ ADUs - 160
■ Pipeline Projects - 33
San Anselmo’s RHNA 6 Allocation
Income Level RHNA 6
Allocation
RHNA 6
Allocation
After ADUs
RHNA 6
Allocation
After ADUs
& Pipeline
Very Low Income 253 205 199
Low Income 145 97 93
Moderate Income 121 73 69
Above Moderate Income 314 298 279
20% Not Net Loss Buffer 167 167 167
TOTAL: 1,000 840 807
AMI = Area Median Income
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Where do we go from here?
Can we develop a community driven plan that
accommodates our RHNA number in a way that
reflects the character of San Anselmo and
maintains local control?

HOUSING

OPPORTUNITY SITES
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What is a Housing
Opportunity Site?
■ Parcels that will feasibly develop or redevelop with housing over the next 8 years
■ Development of sites is not mandatory – property owners may choose when/if to develop or redevelop
■ Town is responsible for “setting the stage” only
Housing Opportunity Site
Suitability Factors

1. Current Zoning. The Town allows a variety residential development types and densities in its residential districts and as a conditional use in its commercial districts. Zoning districts were scored based on the residential density they support and whether it is allowed by-right or as a conditional use.

2. General Plan Land Use. General Plan land uses were scored based on the residential densities supported by each category.

3. Lot Acreage. Based on HCD’s guidelines for sites suitable for affordable housing development, lots that are between halfan-acre and ten acres were scored higher compared to the other.

4. Vacancy. Lots were scored based on presence of any physical building or structure on them. This does not take into consideration potentially vacant or abandoned buildings/structures on lots that could be vacant or abandoned.

5. Residual Lot Coverage. Lots were scored based on how much land area is available to accommodate additional development.

6. Fire Hazard or Severity Zones. Lots were scored based on the severity of the fire hazard district it is in.

7. Slope. The lots were scored based on the average slope of the property which would determine how feasible it would be to build on.

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Housing Opportunity Site
Suitability Factor Weights

1. Current Zoning. 2x

2. General Plan Land Use. 1x

3. Lot Acreage. 1x

4. Vacancy. 2x

5. Residual Lot Coverage. 1x

6. Fire Hazard or Severity Zones. 1x

7. Slope. 1x

MAP EXERCISE
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NEXT STEPS
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STAY INFORMED &

SPREAD THE WORD
How to Stay Involved
■ Take the ADU Questionnaire: available on the Housing Element Webpage ■ Visit the Housing Element Update Webpage: San Anselmo Housing Element Update | San Anselmo, CA - Official Website (townofsananselmo.org)
■ Attend Housing Element Advisory Committee Meetings: Housing Element Advisory Committee (HEAC) | San Anselmo, CA - Official Website (townofsananselmo.org) ■ Sign up to review notifications: Notify Me • San Anselmo • CivicEngage (townofsananselmo.org) ■ Attend the August 25, 2022 Second Community Workshops: Discuss Housing Opportunity Sites ■ Email the HEAC and Share your thoughts and ideas or if you are interested in adding units to your property: [email protected]
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THANK YOU!
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HEAC
MEETING #3
4:00pm
September 1, 2022
San Anselmo Housing Element Update
Meeting Agenda
■ Public Workshop Feedback Overview
■ Preliminary Opportunity Sites Yield Analysis
and Discussion
■ Next Steps
■ How to Spread the Word
■ Q & A
HEAC Meeting 3
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PUBLIC WORKSHOP

FEEDBACK OVERVIEW
Public Workshop Process
■ Housing Element Overview
■ Housing Opportunity Sites Introduction
– Site Suitability Factors Overview and Poll
■ Map Exercise and Discussion
– Commercial Areas
– Downtown
– R-1 Areas
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Agree Disagree I don't know
Site Suitability Factors Poll
■ Question 1: The appropriate site suitability factors were considered in the analysis of housing opportunity sites. – Agree (8)
– Disagree (3)
– I don’t know (3)
Agree Disagree I don't know
Site Suitability Factors Poll
■ Question 2: The appropriate amount of weight was given to each site suitability factor.
– Agree (4)
– Disagree (8)
– I don’t know (7)
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Map Exercise and
Discussion
■ Commercial Areas
– In your opinion, are these areas a good location for
new housing in the community? Why or why not?
– If you think these areas are a good location for new
housing, do you think higher density housing should be
considered? Why or why not?
Map Exercise and
Discussion
■ Downtown
– In your opinion, are these areas a good location for
new housing in the community? Why or why not?
– If you think these areas are a good location for new
housing, do you think higher density housing should be
considered? Why or why not?
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Map Exercise and
Discussion
■ R-1 Areas
– In your opinion, are these neighborhoods a good
location for additional housing in the community? Why
or why not?
– If you think these areas are a good location for new
housing, do you think higher density housing should be
considered? Why or why not?
– If you think these areas are a good location for new
housing, do you think other “missing middle” housing
types such as duplexes, triplexes, quadplexes, or
townhomes should be allowed? Why or why not?

PRELIMINARY

OPPORTUNITY SITES

YIELD ANALYSIS AND

DISCUSSION
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San Anselmo’s RHNA 6 Allocation
Income Level RHNA 6 Allocation
Very Low Income (0-50% AMI) 253
Low Income (51-79% AMI) 145
Moderate Income (80-119% AMI) 121
Above Moderate Income (120% AMI+) 314
20% Not Net Loss Buffer 167
TOTAL: 1,000
AMI = Area Median Income
AMI for Marin County = $166,000/year for a family of four Units Already
Accounted For
■ ADUs - 160
■ Pipeline Projects - 33
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San Anselmo’s RHNA 6 Allocation
Income Level RHNA 6
Allocation
RHNA 6
Allocation
After ADUs
RHNA 6
Allocation
After ADUs
& Pipeline
Very Low Income 253 205 199
Low Income 145 97 93
Moderate Income 121 73 69
Above Moderate Income 314 298 279
20% Not Net Loss Buffer 167 167 167
TOTAL: 1,000 840 807
AMI = Area Median Income
AMI for Marin County = $166,000/year for a family of four Commercial
Opportunity Sites
■ Existing Conditions
– 20 du/acre allowed with conditional use
permit
– No data on existing number of residential
units, 0 assumed
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Commercial
Opportunity Sites
■ Existing Conditions
– 20 du/acre allowed with conditional use
permit
– Data on existing number of residential
units forthcoming
■ Yield Under Existing Conditions
– 20 du/acre: 527 new units
Commercial
Opportunity Sites
■ Yield Under Existing Conditions
– 20 du/acre: 527 new units
■ Yield Under Alternative Conditions
– 25 du/acre: 659 new units
– 30 du/acre: 793 new units
– 35 du/acre: 927 new units
– 40 du/acre: 1,068 new units
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Commercial
Opportunity Sites
■ Yield Under Existing Conditions
– 20 du/acre: 527 new units
■ Yield Under Alternative Conditions
– 25 du/acre: 659 new units
– 30 du/acre: 793 new units
– 35 du/acre: 927 new units
– 40 du/acre: 1,068 new units
Should the Town consider allowing more than 20
du/acre in commercial areas? If yes, are all
commercial areas appropriate?
Commercial
Opportunity Sites
■ Yield Under Existing Conditions
– 20 du/acre: 527 new units
■ Yield Under Alternative Conditions
– 25 du/acre: 659 new units
– 30 du/acre: 793 new units
– 35 du/acre: 927 new units
– 40 du/acre: 1,068 new units
Should commercial buildings be allowed to be taller
than 2 stories? If yes, are all commercial areas
appropriate?
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R-1 / PDD R-1 District
Opportunity Sites
■ Existing Conditions
– 6 du/acre allowed
– 112 existing units
■ Yield Under Existing Conditions
– 6 du/acre: 83 new units
R-1 / PDD R-1 District
Opportunity Sites
■ Existing Conditions
– 6 du/acre allowed
– 112 existing units
■ Yield Under Existing Conditions
– 6 du/acre: 83 new units
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R-1 / PDD R-1 District
Opportunity Sites
■ Yield Under Existing Conditions
– 6 du/acre: 83 new units
■ Yield Under Alternate Conditions
– 12 du/acre (R-2): 774 new units
R-1 / PDD R-1 District
Opportunity Sites
■ Yield Under Existing Conditions
– 6 du/acre: 83 new units
■ Yield Under Alternate Conditions
– 12 du/acre (R-2): 774 new units
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R-1 / PDD R-1 District
Opportunity Sites
■ Yield Under Existing Conditions
– 6 du/acre: 83 new units
■ Yield Under Alternate Conditions
– 12 du/acre (R-2): 774 new units
Should the Town consider “missing middle”
housing types such as duplexes, triplexes,
quadplexes, or townhomes in R-1 areas? If yes,
should they be allowed in all R-1 areas?
R-1C / R-1H District
Opportunity Sites
■ Existing Conditions
– 1 du/acre allowed
– 10 existing units
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R-1C / R-1H District
Opportunity Sites
■ Existing Conditions
– 1 du/acre allowed
– 10 existing units
■ Yield Under Existing Conditions
– 1 du/acre: 56 new units
R-1C / R-1H District
Opportunity Sites
■ Yield Under Existing Conditions
– 1 du/acre: 56 new units
■ Yield Under Alternate Conditions
– 2 du/acre: 122 new units
– 3 du/acre: 188 new units
– 4 du/acre: 254 new units
– 5 du/acre: 320 new units
– 6 du/acre (R-1): 386 new units
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R-1C / R-1H District
Opportunity Sites
■ Yield Under Existing Conditions
– 1 du/acre: 56 new units
■ Yield Under Alternate Conditions
– 2 du/acre: 122 new units
– 3 du/acre: 188 new units
– 4 du/acre: 254 new units
– 5 du/acre: 320 new units
– 6 du/acre (R-1): 386 new units
Should the Town consider allowing higher density
housing in the R-1C and R-1H districts? If yes, are
all R-1C and R-1H areas appropriate?
R-1C / R-1H District
Opportunity Sites
■ Yield Under Existing Conditions
– 1 du/acre: 56 new units
■ Yield Under Alternate Conditions
– 2 du/acre: 122 new units
– 3 du/acre: 188 new units
– 4 du/acre: 254 new units
– 5 du/acre: 320 new units
– 6 du/acre (R-1): 386 new units
Should the Town consider “missing middle”
housing types such as duplexes, triplexes,
quadplexes, or townhomes in R-1C and R-1H areas?
If yes, should they be allowed in all areas?
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NEXT STEPS
Upcoming Meetings
■ September 26: HEAC Meeting #4
– Finalize Housing Opportunity Sites and Proposed Rezoning to Accommodate RHNA
■ October 11: Town Council Meeting
– Confirm Housing Opportunity Sites and Proposed Rezoning to Accommodate RHNA
■ November 3: HEAC Meeting #5
– Discuss Draft Policies and Programs
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STAY INFORMED &

SPREAD THE WORD
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How to Stay Involved
■ Visit the Housing Element Update Webpage: San Anselmo Housing Element Update | San Anselmo, CA - Official Website (townofsananselmo.org)
■ Attend Housing Element Advisory Committee Meetings: Housing Element Advisory Committee (HEAC) | San Anselmo, CA - Official Website (townofsananselmo.org) ■ Sign up to review notifications: Notify Me • San Anselmo • CivicEngage (townofsananselmo.org)
■ Email the HEAC and Share your thoughts and ideas or if you are interested in adding units to your property: [email protected]
THANK YOU!
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HEAC
MEETING #4
4:00pm
September 26, 2022
San Anselmo Housing Element Update
Meeting Agenda
■ Final Opportunity Sites Yield Analysis and
Discussion
■ Next Steps
■ Q & A
HEAC Meeting 4
The following PowerPoint slides are from HEAC Meeting 4.

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Meeting Goals
■ Review and discuss refined Housing Opportunity Sites
■ Reach consensus on final Housing Opportunity Sites
■ Recommend preferred Housing Opportunity Sites to Town Council for consideration FINAL

OPPORTUNITY SITES

YIELD ANALYSIS AND

DISCUSSION
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San Anselmo’s RHNA 6 Allocation
Income Level RHNA 6 Allocation
Very Low Income (0-50% AMI) 253
Low Income (51-79% AMI) 145
Moderate Income (80-119% AMI) 121
Above Moderate Income (120% AMI+) 314
20% Not Net Loss Buffer 167
TOTAL: 1,000
AMI = Area Median Income
AMI for Marin County = $166,000/year for a family of four Units Already
Accounted For
■ ADUs - 160
■ Pipeline Projects - 43
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San Anselmo’s RHNA 6 Allocation
Income Level RHNA 6
Allocation
RHNA 6
Allocation
After ADUs
RHNA 6
Allocation
After ADUs
& Pipeline
Very Low Income 253 205 194
Low Income 145 97 88
Moderate Income 121 73 69
Above Moderate Income 314 298 279
20% Not Net Loss Buffer 167 167 167
TOTAL: 1,000 840 797
AMI = Area Median Income
AMI for Marin County = $166,000/year for a family of four Final Housing
Opportunity Sites
Refinement
■ Eliminated parcels where
redevelopment under proposed
densities would result in a net
loss of units
■ Eliminated parcels per property
owner requests
■ Eliminated parcels due to Town
identified issues
Final Housing Opportunity Sites Map
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Final Housing
Opportunity Sites
Refinement
Nonvacant Sites
■ Yield analysis performed for
portion of site only
■ Assumes that existing
development/use will remain
Final Housing Opportunity Sites Map with
Applicable Parcels Highlighted
Final Housing
Opportunity Sites
Refinement
Archie Williams High School
■ Assumes redevelopment of
modular building
■ Constrained by Sleepy Hollow
Creek
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Final Housing
Opportunity Sites
Refinement
Spaulding Site
■ Developable area assumed to
be in line with boundaries of
adjacent parcel to east to keep
consistent with surrounding
developement
■ Remaining area too steep and
prone to landslide for
development
Final Housing
Opportunity Sites
Refinement
Sunny Hill Site
■ Assumes redevelopment of
modular offices and Red Hill
Community Park (excluding
soccer field)
■ Northwestern portion of site too
steep for development
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Final Housing
Opportunity Sites
Refinement
US Bank Site
■ Assumes adaptive reuse of US
Bank building and underground
parking to make up for spaces
lost from development of
surface lot
Final Housing
Opportunity Sites
Refinement
Wade Thomas Elementary
School
■ Assumes development of
portion of open field area and
small portion of blacktop play
area
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Final Housing
Opportunity Sites
Yields Analysis
R-2 District
■ Parcels Proposed to be
rezoned
■ Proposed Density: 12 DUA
(6 DUA)
Final Housing
Opportunity Sites
Yields Analysis
R-3 District
■ Parcels Proposed to be
rezoned
■ Proposed Density: 30 DUA
(1 DUA)
(6 DUA)
(12 DUA)
(20 DUA)
(20 DUA)
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Final Housing
Opportunity Sites
Yields Analysis
C-L District
■ Parcels Proposed to be
rezoned
■ Proposed Density: 30 DUA
(20 DUA)
(6 DUA)
Final Housing
Opportunity Sites
Yields Analysis
C-3 District
■ Parcels Proposed to be
rezoned
■ Proposed Density: 30 DUA
(6 DUA)
(20 DUA)
(20 DUA)
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Final Housing
Opportunity Sites
Yields Analysis
SPD District
■ Parcels Proposed to be
rezoned
■ Proposed Density: 30 DUA
(1 DUA)
(6 DUA)
Final Housing Opportunity Sites
Yields Analysis
Affordability Assumptions
■ Very Low and Low Income
– Acreage: between 0.5 and 10 acres
– Density: Greater than or equal to 30 DUA
■ Moderate Income
– Acreage: Greater than 0.5 Acres
– Density: 12-30 DUA
■ Above Moderate
– Acreage: Less than 0.5
– Density: 12-30 DUA
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MAP EXERCISE
San Anselmo’s RHNA 6 Allocation
Income Level RHNA 6
Allocation
RHNA 6
Allocation
After ADUs
& Pipeline
Opportunity
Site
Very Low Income 253 199 345
Low Income 145 93 197
Moderate Income 121 69 271
Above Moderate Income 314 279 212
20% Not Net Loss Buffer 167 167 167
TOTAL: 1,000 807 833
AMI = Area Median Income
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RECOMMENDATION

NEXT STEPS
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Upcoming Meetings
■ October 11: Town Council Meeting
– Confirm Housing Opportunity Sites and Proposed Rezoning to Accommodate RHNA
■ November 3: HEAC Meeting #5
– Discuss Draft Policies and Programs
■ December 15: HEAC Meeting #6
– Review of Draft Housing Element
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THANK YOU!
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HEAC Meeting 5
The following PowerPoint slides are from HEAC Meeting 5.

HEAC
MEETING #5
4:00pm
November 3, 2022
San Anselmo Housing Element Update
Meeting Agenda
■ Housing Opportunity Sites Updates and
Alternatives Discussion
■ Policies, Programs, and Actions Overview
and Discussion
■ Next Steps
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HOUSING OPPORTUNITY

SITES UPDATES AND

ALTERNATIVES

DISCUSSION
San Anselmo’s RHNA 6 Allocation
Income Level RHNA 6 Allocation
Very Low Income (0-50% AMI) 253
Low Income (51-79% AMI) 145
Moderate Income (80-119% AMI) 121
Above Moderate Income (120% AMI+) 314
TOTAL: 833
AMI = Area Median Income
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Units Already
Accounted For
■ ADUs - 160
■ Pipeline Projects - 43
San Anselmo’s RHNA 6 Allocation
Income Level RHNA 6
Allocation
RHNA 6
Allocation
After ADUs
RHNA 6
Allocation
After ADUs
& Pipeline
Very Low Income 253 205 194
Low Income 145 97 88
Moderate Income 121 73 69
Above Moderate Income 314 298 279
TOTAL: 833 673 630
AMI = Area Median Income
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20% No Net Loss Buffer
■ 630 units remaining after subtracting ADUs and pipeline projects
■ 630 x .20 = 126
■ Total remaining RHNA and 20% no net loss buffer: 754
Since we last
met…
■ Town Council approved the
recommended housing
opportunity sites, except for the
dog park site
■ Impact on RHNA:
1,004 Units
(Surplus of 250 units)
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Since we last
met…
■ Town staff met with the schools
and determined that housing on
Archie Williams, Wade Thomas
and former Redhill School sites
is not feasible.

Eliminated Sites
Projected Yields
■ Archie Williams Site: 56 units
■ Wade Thomas Site: 12 units
■ Redhill School Site: 139 units
■ Impact on RHNA:
797 units
(Deficit of 24 Very-low and Lowincome units, surplus of 67 Moderate and Above Moderate units)
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Revised
Sunnyhill Site
■ Revised Area: 5.24 acres
(1.79 acres more)
■ Revised Projected Unit Yield: 117
(40 more than original)
■ Impact on RHNA:
837 sites
(Surplus of 83 units)

POLICIES, PROGRAMS, AND

ACTIONS OVERVIEW AND

DISCUSSION
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Policies, Programs, and Actions
■ Policies: Statements that declare the Town’s goals for increasing housing availability and affordability in the next 8 years.
■ Programs: Programs the Town will employ to realize policy. ■ Actions: Specific actions the Town will take to complete programs and realize policy.

Policy 1: Build Local Government Institutional Capacity and Monitor Accomplishments to Respond Effectively to
Housing Needs.
■ Program 1.1: Take a proactive leadership role in working with community groups, other jurisdictions and agencies, non-profit housing sponsors, and the building and real estate industry in following through on identified Housing Element implementation actions in a timely manner. ■ Program 1.2: Seek ways to organize and allocate staffing and community resources effectively and efficiently to implement the programs of the Housing Element. ■ Program 1.3: Ensure regular monitoring and reporting, including outreach to the public, on the status of housing in San Anselmo.

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Policy 2. Effectively Engage the Community
■ Program 2.1. Undertake effective and informed public participation from all economic segments and special needs groups in the community in the formulation and review of housing and land use policy issues.
■ Program 2.2: Work to build support for the development of new housing in the community.

Policy 3. Maintain, Protect and Enhance Existing Housing, and Blend Well-Designed New Housing into the
Community.
■ Program 3.1: Seek ways specific to each neighborhood and consistent with the AFFH analysis to provide new housing opportunities as part of each neighborhood’s fair share responsibility and commitment to help achieve community-wide housing goals. ■ Program 3.2: Review proposed new housing in order to achieve excellence in development design in an efficient process.
■ Program 3.3: Encourage innovative design that creates housing opportunities that are complementary to the location of the development. Enhance neighborhood identity and sense of community by ensuring that all new housing transitions sensitively to the surrounding area, avoids unreasonably affecting the privacy of neighboring properties, and avoids impairing access to light and air of structures on neighboring properties.
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Policy 4. Support the Preservation of Housing
■ Program 4.1: To the extent permitted by law, limit the conversion of residential units to other uses and will regulate the conversion of rental developments to non-residential uses unless there is a clear public benefit or equivalent housing can be provided.
■ Program 4.2: Except for limited equity cooperatives and other innovative housing proposals which are affordable to lower income households, conserve existing multi-family rental housing supply. ■ Program 4.3: Encourage good management practices, rehabilitation of viable older housing, and longterm maintenance and improvement of neighborhoods. ■ Program 4.4: Facilitate adaptive reuse of existing buildings on small parcels. ■ Program 4.5: Encourage and carry out creative strategies for the rehabilitation, adaptation, and reuse of residential, commercial, and industrial structures for housing in the spirit of retaining the mass, scale, and character of the Town.

Policy 5. Eliminate Barriers to the Development of Market Rate and Affordable Housing
■ Program 5.1: The Town will strive to provide an adequate supply and variety of housing opportunities to meet the needs of San Anselmo’s workforce and their families, seeking to match housing types and affordability with household income.
■ Program 5.2: Support mixed use development, with nonresidential uses on the ground floor and residential uses on upper floors in San Anselmo’s commercially zoned areas. ■ Program 5.3: Incentivize the development of affordable and special needs housing on identified housing opportunity sites.
■ Program 5.4: Modify fees and reduce costs for affordable housing projects. ■ Program 5.5: Establish an Affordable Housing Impact Fee Program.

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Policy 5. Eliminate Barriers to the Development of Market Rate and Affordable Housing
■ Program 5.6: Monitor the disposition of publicly owned land for potential future use for housing development.
■ Program 5.7: Amend the Town’s zoning ordinance to accommodate higher density housing. ■ Program 5.8: Amend the Town’s zoning ordinance to comply with recently adopted state legislation.
■ Program 5.9: Streamline the project review process for housing-related applications.

Policy 6. Promote the Construction and Affordability of Accessory Dwelling Units (ADUs)
■ Program 6.1: Adopt pre-approved ADU plans to expedite approval and lower costs associated with ADU construction.
■ Program 6.2: Further streamline the ADU and JADU permitting process. ■ Program 6.3: Allow one JADU and multiple ADUs on lots one acre and larger in the R-1H, R-1C, and R-1 districts.
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Policy 7. Provide Housing for Special Needs Populations that is Coordinated with Support Services
■ Program 7.1: As appropriate, assist service providers to link together services for special needs populations to provide the most effective response to homelessness or persons at risk of homelessness, youth needs, seniors, persons with mental or physical disabilities, substance abuse problems, HIV/AIDS, physical and developmental disabilities, multiple diagnoses, veterans, victims of domestic violence, and other economically challenged or underemployed workers. ■ Program 7.2: The Town will ensure that new multi-family housing includes units that are accessible and adaptable for use by disabled persons in conformance with the California Building Code. This will include ways to promote housing design strategies to allow seniors to “age in place.”
■ Program 7.3: Continue to publicize and create opportunities for using available rental assistance programs, such as the project-based Section 8 program and tenant-based Housing Choice Voucher program, in coordination with the Marin Housing Authority (MHA).

Policy 7. Provide Housing for Special Needs Populations that is Coordinated with Support Services
■ Program 7.4: Actively engage with other jurisdictions in Marin County to support long-term housing solutions for homeless individuals and families in Marin County, and to implement the Marin County Continuum of Care actions in response to the needs of homeless families and individuals.
■ Program 7.5: Combat homelessness and support re-housing of people experiencing homelessness.

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Policy 7. Provide Housing for Special Needs Populations that is Coordinated with Support Services

ALTERNATIVE PROGRAM REGARDING HOMELESSNESS FOR CONSIDERATION Policy 8: Ensure Responsible Development in Wildland
Urban Interface (WUI) Areas
■ Program 8.1: Continue to support Ross Valley Fire Department (RVFD) plan review. ■ Program 8.2: Continue to support community participation in the National Firewise USA® Recognition Program of the National Fire Protection Association (NFPA). ■ Program 8.3: Establish and enforce safety standards for structures and landscaping in WUI areas.
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Policy 9: Affirmatively Further Fair Housing
■ Program 9.1: Eliminate discrimination in housing based on age, race, color, religion, sex, marital status, national origin, ancestry, or occupation.
■ Program 9.2: Proactively increase access to affordable housing options for historically marginalized and underrepresented groups.

NEXT STEPS
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Next Steps
■ November 23: Houseal Lavigne to deliver draft Housing Element to Town Staff for review and refinement
■ December 12: Public Release and Notice of Draft Housing Element – Beginning of 30-day public comment period
■ December 15: HEAC Meeting #6
– Review of Draft Housing Element
■ December 19: Planning Commission Public Meeting
– Review of Draft Housing Element
■ January 10: Town Council Public Meeting
– Preliminary consideration of public comment
THANK YOU!
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ADU Questionaire
The following pages are from the ADU Questionnaire Summary.

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FOR DISCUSSION PURPOSES ONLY
ADU Questionnaire Summary
Survey Closed on May 1, 2022
The questionnaire is organized into three parts:
• Part 1: Current ADU Owner Questionnaire
• Part 2: Prospective ADU Owner Questionnaire
• Part 3: Homeowner not Interested in ADU Questionnaire All Respondents
Question 1: Please choose the best option that describes you.

52.81%

36.25%

9.69%

1.25%
San Anselmo homeowner and
interested in constructing an
ADU
San Anselmo homeowner and
not interested in constructing
an ADU
I am a current ADU owner
I reside in an ADU
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Current ADU Owner Questionnaire
Question 1: What is the current address of your ADU?
Answers omitted from summary to preserve privacy.

Question 2: Who is your ADU intended to be occupied by? 15%
13%
3%
0%
Renter
Family member
Other
Domestic Help
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Question 3: What range of monthly rent do you charge?
Question 4: How could the Town incentivize you to offer your ADU at a more affordable rental rate?
• You can’t because we just break even
• I don't want to offer my ADU below market rate. It is my income source.

Question 5: How many bedrooms are in your ADU?
0 2
4 6
8 10
12 $0-$2,075
$2,076-$3,279
$3,280-$4,980
$4,981 or more
Prefer not to disclose
0 5
10 15
20 25
0 (efficiency/studio)
1 br
2 br
3 br
4 br or more
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Question 6: How many people occupy your ADU?
Question 7: Would you consider building a second ADU or a JADU on your lot?
0 2
4 6
8 10
12 14
16 0 (not currently occupied)
1 person
2 people
3 people
4 or more people

67.7%

19.4%

12.9%
No
Yes
Maybe
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Question 8: What could the Town do to encourage you to build a second ADU or JADU?
• We don’t have space for
additional units.
• Uncertain. Address planning,
permits, zoning. Utilities, esp.
water.
• There isn’t enough space on the
property to build another unit.
• There are two things to make
people do the right thing - make
it easy and make it affordable.

The current process does neither.
• The town could help me get the
first ADU permitted (it was built by
a precious owner) and then help
make the process easier. The
permitting has been extremely
tedious and difficult -- and not at
all in line with the state
regulations for building /
permitting ADUs.
• The current process for making
changes to one's property in San
Anselmo is onerous. The Planning
Dept. process seems convoluted,
and onerous. Add to that huge,
complex, poorly explained wait
times and fees, and frankly Town
planning structure that that seem
*against* getting home owners to
"yes." Contractors do not seem to
like to work here. Timelines to get
even small things done are
discouraging. Plus it's been
difficult to get answers in order to
make plans. We have been
paralyzed at the idea of having
to do anything involving the SA
Planning Department. One
person says one thing, another
says something else. In the
meantime, our ADU will sit empty
except for family and friends in
need. There would have to be
very specific guidelines,
variances and a simple cost
structure that anyone can
understand. Education on the
part of everyone to make sure
things are understood from high
to low and in between would
have to be a starting place.
• We have considered renting out
our ADU but have chosen to use
it as extra work / storage space
for now. With Covid + work from
home, the extra space has come
in handy as a work area. We also
have aging parents that we may
need to care for in the near
future. The prior homeowners
(who owned the property for 4+
years) also chose to leave the
space vacant and use for their
own purposes. The primary
reasons we have not rented the
space out are (1) uncertainty
around our rights as it relates to
renters (for example, with Covid
emergency designations and
eviction moratoriums, would we
have any recourse if a renter
elected not to pay rent or was
engaged in illegal or unsafe
behavior?), and (2) potential
anger from neighbors as it relates
to parking, etc. If the Town wants
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homeowners to create and
manage ADU/JADUs, it will need
to give formal encouragement
and reassurance that legal
protections will not be one-sided
against them and that they will
not be vilified as "greedy
landlords."
• Reviewing permitting
requirements.
• Relax setbacks even more
• Nothing. The lot coverage ratio is
maximized.
• Nothing. No more space on
property. We have previously
allowed a friend who could not
afford to continue to live in San
Anselmo to live there for 4 years
rent free
• Nothing. I have off-street parking
for both our cars. Right now I
have trouble seeing down the
street when I exit my driveway or
passing another car because of
all the vehicles parked on the
street. Another ADU would make
that worse. I think they’re great,
but the walls of parked cars are
dangerous.
• Nothing. My ADU is an in-law
apartment over our garage
• Not seriously thinking about it
now
• Make clear and simple rules and
aim to help the process.
• Lower my property taxes a lot.
• Loosen development square
footage building to lot size
restrictions and expedite midconstruction change order approval process.
• I have had so much trouble and
added unexpected expenses
that I would advise anyone
planning an ADU to forget it. The
county has made it difficult and
expensive, the construction costs
have ballooned over original
estimates, and delays have
added frustration. As a senior, I
wish I had moved into a senior
facility.
• Accelerated permit process for
standard units.
• EDUCATE! Educate people on
the advantages of having ADUs.

We have an existing, legal "2nd
unit" which is part of our square
footage and therefore our
assessed value - so we are taxed
(heavily) on it. Do ADUs count as
square footage? Assessed value?
Is taxation different for ADUs? Are
there other advantages people
might not know about?
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Prospective ADU Owner Questionnaire
Question 1: What is the address of the property you are considering building an ADU on?
Answers omitted from summary to preserve privacy.

Question 2: If you were to construct an ADU, who would you intend for it to be occupied by?

47.4%

33.6%

13.8%

5.2%
Family member
Renter
Other (please describe
below)
Domestic help
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Question 3: What range of monthly rent would you intend to initially charge?
Question 4: How could the Town incentivize you to offer your ADU at a more affordable rental rate?
• Lower taxes, ta break, etc.

Question 5: What could the Town do to encourage you to build an ADU or JADU on your lot?
• What happens if there is no more
room?
• We would like to rent out a
downstairs 'granny' type SADU
but our home is old and we worry
that the permit process would be
costly and inspectors would
penalize us for old out of code
work and require us to fix
everything. If we were assured
that old out of code work would
somehow be grandfathered in to
allow a permitted SADU, we
would be interested in renting
• Water, sewer and electrical
connection; waive setback
requirements
• Waive planning and license fees
• Waive permit fees. A big
incentive would be to waiver
permit fees on all property
construction if an ADU is added
as we remodel a
bathroom/kitchen or any
remodeling project.
• Waive building permit fees
• Nothing, we have no space to
appropriately add an ADU to
keep up with the high standards
of San Anselmo.
0 5
10 15
20 25
$0-$2,075
$2,076-$3,279
$3,280-$4,980
$4,980 or more
Prefer not to disclose
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• Unsure
• Town has reputation of being
very arduous/difficult to manage
regarding permits and building
process. Would be useful to have
a liason or "path" by which
people can easily understand
the process, how their situation
fits into the process, and what
are the definitive steps to move
forward. Should be website that
owners can find easy instruction,
tips and information/feedback
about their particular project. An
example is a Tesla Solar roof. You
can literally do most of the
analysis/planning on-line.

Information, price etc. is all easily
available. You don't have to
keep going down to a "brick and
mortar" location or talk to
someone live unless it is useful to
do so.
• The previous planning director
and current fire dept told us in
early 2021 that we could not
build an ADU anywhere on our
property due to access issues.

The Fire official said they would
not allow any ADUs on Forest
Ave. As the Firewise co-leader of
my neighborhood, I am highly
aware of the fire danger.

However, when we purchased
the house in 1997, we were told
by the seller/builder that we
could build down/ add another
level at some point. That access
would be off of Creek Rd, which
a fire truck would have /now has
very little ability to access as it is
off Glen Dr and is very narrow/
has sharp turns. However, there
are many houses on Creek
already, some with extra units.

I’m not sure what the answer is
but thought I should share our
plight.
• The planning manager is already
helping my family - I just now see
the Town Jan Pdf info on websitelooks good
• The permitting process needs to
be clear and streamlined. IF we
were to build, it would be in our
existing detached garage and it
would only be for family if they
needed housing.
• The need is here for sure, with
limited space to build in
community. Tax breaks in some
form might give us motivation to
fix up our water tower. Might be
for family member rental first, and
when time comes, open up to
community once security
measures enforced ((since
women and children live here
currently).
• The cost of permitting should be
low and the permitting process
should be expedited to minimize
the duration it take to get a
permit.
• Tax savings
• Subsidy, tax break, easy permit
process.
• Subsidized building or permitting,
revise set back restrictions, have
more clarity around set back
restrictions, provide ADU
feasibility inspections or partner
with a consultancy to do those.

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• Streamline the process and
provide property tax exemption.

Substantially reduce permitting
and inspection costs. Provide a
thorough boilerplate of expected
costs and work to reduce them.

Amend nighttime parking rules for
the reality that almost no-one
actually parks a car in their
garage and that there will be
more cars that need to park if
more ADU's are built.
• Streamline permitting and clear
definitions of what is and isn’t
allowed
• Streamline easements; we would
convert the garage which sits
close to the property line.

Subsidize cost of adding sewer
lateral connection. Collect RFPs
of local design/build firms to
conduct free assessment of ADU
feasibility and cost.l for
homeowners.
• State funded subsidies for
construction of ADU through
holiday of property taxes for a
period of time. Also, we need
better roads and infrastructure to
accommodate heavier uses that
come from higher density.
• Simplify permitting process and
building regulations
• Set precedence for others in the
approval process by making
choices that are conducive to
growing families. Allowing
maximized square footage that
still complies with set backs. In
other words if the height and
setbacks are compliant, what
difference does it make on the
square footage that is counted.
• Seminars on how to start the
process, costs, rules, etc would
be great. I look at online articles
and builders, but gets
overwhelming
• Review of current permitting
process with an eye to speed it
up and it more efficient. Financial
support. Ie, leave property tax
assessment unchanged.
• Remove setback, lot coverage,
and parking requirements
• Relax requirements for parking
spaces on property
• Reduce setback restrictions and
other limits to building
• Reduce permit fees
• Reduce parking reqs
• Reduce fees
• Quick/subsidized permitting
process; make it easy to expand
driveway and curb cut/other
creative solution for adding offstreet parking; be flexible with property line setbacks
• Public/private finance.

Streamline the process. No
hassles.
• Provide simplified guide and
examples of constraints and
potential costs (permits, etc)
• Provide me with a list of things the
Town is willing and able to do to
encourage me.
• Provide easy permitting. Provide
a courtesy inspection to see if our
property lends itself to an ADU or
a JADU. Provide us with resources
to proceed as well as contractors
who have been vetted. Provide
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us with possible sources of
funding.
• Provide clear guidelines, provide
site evaluation, consultation and
suggestions. Recommend
vendors. Show examples of ADUs
with approximate budgets. Make
low interest loans available to
those of us of fixed/lower
incomes.
• Provide architectural or other
support to consult with
homeowners on the most cost
effective way to build an ADU on
their property.
• Provide additional parking
options nearby.
• Provide a rebate (similar to the
sewer lateral replacement
program) so I can develop an
ADU and stay in my current home
versus trying to buy a bigger
home in San Anselmo.
• Provide a low-interest loan.
• Provide a low interest loan or
property tax rebate so that I
could justify it financially.
• Property tax credits
• Offset cost of construction with
state or federal subsidy, tax
credit, or low cost financing.
• Office space. My neighbors and I
really do not want more housing
in San Anselmo. There is already
too much traffic. Anecdotally,
most ADU's are constructed for
home offices or short term rentals.
• Offer incentives or breaks on
taxes and permits. Also maybe
grants for closing costs. Discount
on fixed or adjustable interest
rates. Maybe have contractor’s
to offer discounts on foundation
work or sewer and utilities hook
ups. Make it easy on the home
owner to have ADUs on their lot.
• Offer Grants to take burden of
financing with higher interest
rates. Make it easy on the home
owner to get permits and any
financial help would be helpful.

Keep taxes low or hold off on any
increase
• Obviously, reduce application
fees, and no property appraisal
change.
• Not sure.
• Not sure, but possibly streamline
the approval process.
• Not be so strict and charge so
much. I don't think I can afford to
do this but will explore.
• No property tax increase for
seniors.
• Negative number 1 - My
understanding is that the current
requirement pretty much requires
using an architect to do the
plans. Nagative number 2 - costs
and time required to trudge
through planning and building
department rules and incredibly
thicker building code books.

Negative number 3 - increasing
population while drought hangs
over us. Negative 4 - forcing
reliance on PG&E electric. No
natural gas is allowed for
homeowners while refineries and
landfills burn off methane/natural
gas constantly.
• Make the process easier. We
have been trying to add solar to
our home all year and it has
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been a nightmare of a process.

Given how challenging it has
been, it is very discouraging to
attempt additional projects.
• Make the permitting process
more clear and manageable
given the short supply of
contractors and other
professionals with time to
schedule such a project.
• Make the permit process easy
and affordable!
• Make the permit process easier.
• Make the permit process easier ,
Decrease fees for adus, offer tax
credits Have a workshop on the
ins and outs of adu in SA
• make the codes and restrictions
easier
• Make the building permit and
fees reasonable instead of what
they are today
• make permitting process simple
and easy to understand -referrals
to contractors
• Make permitting process easy.
• Make permitting process easier
and more transparent.
• Make permits easy, potentially
tax credits, provide education
resources and reputable suppliers
(what's involved in building an
ADU, typical costs, things to think
about, who can help, etc.).
• Make permit process simple
• Make it easier to understand
related planning guidelines. My
ADU would be built on a garage
in the hillside—all new
construction. I have requested
guidance from the planning
department via email but
received no response.
• Make building ordinances, permit
process less complicated and
less expensive
• Lower permit fees.
• Loosen the restricts and make it
easier to accomplish.
• Less red tape, no additional tax,
fees, forced upgrades
• Last I checked we were limited in
our square footage although if
you look at our property you will
see it's quite large. In order to
make this affordable the allowed
square footage would have to
increase. We've looked into
building and have spoken with
builders and attended zoom
information meetings so we are
serious but when we punch out
the numbers, it doesn't make
sense to add for only 1100 square
feet which is about what we are
allowed. We're on a hill so that
adds to cost. But if clearing out
an area and could add more
square footage the initial costs
starts to make more sense. I have
a recent college grad (engineer)
and his girlfriend I'd love to see
move back to California but it's
too expensive for them, even if
they are renting.
• Keep the involvement of MMWD,
Ross Valley Sanitary, and Ross
Valley Fire at bay, and prevent
them from imposing too many
restrictions, fees and
infrastructure requirements.
• Keep the fees and cost to build
down
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• Keep taxes low.
• It’s just too expensive. So rebates
and making it easy and quick to
build. Less $ for permits.
• Issue permits in a timely fashion
• Increase the building envelopes
and have less regulations around
building. Make getting permits
easier without such long wait
times.
• I think I would need a parkin
waver.
• I run a nonprofit housing
organization that supports local
jurisdictions connect with
homeowners interested in
building an ADU/JADU. We
currently support jurisdictions in
San Mateo County and Alameda
County and I would be thrilled to
help bring our expertise to San
Anselmo where I live. You can
learn more about our programs
at this link:
https://www.hellobright.org/spon
sored-programs. We have know
the process can be
overwhelming and the risks of
getting it wrong can have
significant financial impacts.

Happy to connect and share
more about Hello Housing and
the work we do if you think it
would help to streamline your
process and support more
homeowners create affordable
places to live within the fabric of
existing communities.
• I have found the review process
cumbersome. Town has made it
impossible to get clear path to
approval. When we submit
revised plans (with revisions
requested) only to get flagged
on data that was approved in
earlier submission shows issues
with outsourcing the process for
review. It also puts home owners
at disadvantage vs other projects
town has approved. I feel town
has not adherents to CA law
passed on ADU and overburdens
homeowners applying based on
state law.
• I don’t know. The fundamental
problem is that the cost of
construction is too high, so the
rent we would have to charge is
too high. We would want to rent
to someone middle-income
(teacher?), but there’s no way to
make that even close to pencil
out.
• I am interested but with the cost
of building so high right now, I
can't afford to do the project.
• Help with permit fees. Remove
current obstacles to constructionie urban interface rules, requiring sprinkler systems for adding the
square footage, reassessments,
etc. Advice on where to locate
unit wIthin town’s building policies
(ie- setbacks). We have looked
into this but it’s seems it would
take 10+ years to break even with
current cost of construction.
• Help me find a consultant who
can advise me on constructing
and adu with the least amount of
complications from the city ,
applicable agencies and finally
neighbors.

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• Guide for the highest value with
least costs.
• Grants
• Grant money
• Follow models from other cities
such as San Rafael that facilitate
the process.
• Familiarity with permit process
• Facilitate permitting process for
electric and plumbing.
• explain the procedure in simple
terms. iLow cost permit. We are
89 and 84 and would like to stay
in our home. I am presently
caring for my husband who has
alzheimers.
• Enable me to be closer to the
property line in front since my
front yard is shallow
• Easy permitting and help with
sewer lateral
• Easier & less expensive permits
• Decrease fees and wait times for
permits.
• Currently cannot add another
ADU due to limits, can only do
JADU in main house
• Change the 8’ setback
requirement so that families can
fit in a unit without it taking over
their entire backyard.
• Because our home is located in a
flood zone, we seek SA Town
policy for ADU / JADU, which
addresses both safety for
occupant, and economic
possibility for property owner.

Right now, based upon our initial
explorations, Town requirements
are not economically prudent for
many home owners who can /
would invest in a living space for
a renter / caregiver / family
member.
• Approve our permit. We have
been trying to get this through for
over a year. The renovation
required would not change the
structure for our neighbors.
• agree to a legal unit that could
already be used for that
• Adjust setback requirement to be
able to have ADU closer to the
fence.
• Add sewer and water hookups to
Alderney St which runs at the
back of my property where the
ADU would be built
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Homeowner not Interested in ADU Questionnaire
Question 1: What could the Town do to encourage you to build an ADU or JADU on your lot?
• Nothing
• Nothing.
• You could buy the property from
me. Otherwise I wouldn't want to
build an adu on my lot.
• Will not
• Where is the water coming from
to have a reliable supply for San
Anselmo? No more building or
water hookups should be
allowed until this is addressed.
• We should not be encouraging
ADUs.
• We have a parking problem on
our street - this aspect of
increasing density is hard to
ameliorate, so not sure what you
can do to help with that -
possibly increasing flexibility of
issuing overnight parking permits.
• We don’t have any room at all.

Please consider neighbors if
ADU’s are treated as Airbnb’s.
• waive permit fees and
accelerate permit process
• Waive developer fees
• This town makes it SO difficult and
expensive and slow to do
anything. Why try?
• They couldn’t
• There is nowhere to put one
• There is no room to build an ADU
on our lot. As a general issue, I
believe the addition of multiple
ADUs would increase population
density (with a knock-on effect
on traffic, services, etc.) and
undermine the town’s esthetics.
• The town needs to create a
holistic plan on how ADUs effect
neighborhoods, parking, traffic,
fire evacuation and the cost of
improving infrastructure to
support ADUs.
• The Town might hold informative
sessions where they presented
examples and designs of ADU or
JADU. There could be displays on
the Town hall lawn as in the past
also.
• The problem in our neighborhood
is parking. We have many Homes
without off street parking and
many homes have more than2
cars and some won’t use the
parking decks they have. I would
love to build one, I feel the town
really needs to address the
parking in the hills.
• The problem for us is that our
backyard is tiered and not really
suitable. But if it were, it would be
the arduous permitting process
many towns have.
• The downstairs of my home could
be converted into an JADU as it
has a separate entrance, laundry
facilities and a bathroom. What it
lacks is cooking facilities. I would
like to read about how I could
create a JADU, what is the permit
process, do I need cooking
facilities? What are the
anticipated costs? Would the
JADU be allowed to park
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overnight on my street? Hampton
Avenue in SA.
• Tax break
• Subsidize funding for the project.
• Streamline the permitting process
and give me a tax break
• Sorry, I don't have enough room
as creek (easement) runs through
the middle of my backyard.
• Simplify permit process.
• Reform the Town’s building code.

It is absurd. Then make the front
end process of pulling a permit
easier for homeowners and
contractors. The individual
building inspectors are
professional, but the underlying
code and processes significantly
increase the cost of housing in
SA.
• Reduce the overwhelming
burden of design review and
regulatory red tape that prevents
any construction work in the city.

The cost of getting permits is
beyond outrageous snd
unjustifiable. Career bureaucrats
appear to be encouraged to
maximize inflows to pay for
bloated pension costs.
• Reduce cost
• Probably nothing. I don't think
that I have room.
• Pay us for the kitchen it made us
remove from our studio when we
bought or house in 2012
• Our property is not feasible for
another unit. There is a long
narrow driveway and it is the only
way to enter and leave the
property.
• Our neighborhood is already so
dense and our neighbors so close
that I can't imagine adding more
buildings and people into the
mix.
• Our lot is too small.
• Our lot is not really big enough.

What it the took the space
behind red hill s over field and
build there. It would give people
access to the only affordable
place to shop -Safeway
• Our house is on a steep sloop
and there is no usable land for
building an ADU. We now have
three generations living in our
home, and if our child, his spouse
and grandchild ever moved out
we would consider converting
the lower floor to a rental unit. It
was an "illegal" rental unit when
we purchases the house 25 years
ago, and the Town made the
seller remove the stove before
closing.
• on hill. cannot accomodate
• Offer property tax relief
• Offer planning/permitting support
team to help streamline the
process and reduce costs.
• Nothing….don’t want the
responsibility. I’ve already had
difficult experiences with renters.
• Nothing. Too much government
interference currently.
• Nothing. There is insufficient
space available on my parcel to
construct a second unit.
• Nothing. San Anselmo is already
very crowded. Just drive around
at night and count the vast
number of cars parked on street.
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• Nothing. No space. My yard is my
favorite space.
• Nothing. No room on my lot
• Nothing. My lot is too small and I
have no interest in adding to the
density in what is already a
relatively dense neighborhood.
• Nothing. I wouldn’t want to add
to the congestion of Butterfield
by adding a unit.
• Nothing. I don't want one.
• Nothing. I don’t believe we
should rely on ADU but instead,
allow multi-family home/ projects
to proceed more quickly.
• Nothing. Don't want them.
• Nothing. But these units must be
permitted and built to code,
unlike 32 Fern Lane
• Nothing. At this time I’m not
interested.
• nothing. town should not
encourage more density.
• Nothing. ADUs just might be the
end of safe streets as well as
reasonable access to on-street
parking for guests of current
residents. Look at how impossible
the parking is in many old
neighborhoods of Seattle. They
are like NYC for parking spots
• Nothing, too many people &
vehicles on the road now.
• nothing, lot is too small
• Nothing, I don't think my property
can support one
• Nothing that I'm aware of. I don't
believe there is financial
assistance and we simply can't
invest that kind of money at this
time. BTW, we are
unincorporated SA so not sure
this survey is applicable to your
assessment.
• Nothing my lot is too small.
• Nothing but I believe it is a good
ifea
• Nothing at this time. The
neighborhood in which we live
already has way too many cars
parked on the hilly and narrow
streets. Adding any additional
housing per lot would only
increase the number of cars on
the street further increasing any
safe corridors for fire or flood
evacuation.
• Nothing - however the building
located at 703-707 Sir Francis
Drake Bl could be purchased by
the town and turned into
housing. It is in close proximity to
Andronicos and the transit hub.
• Not sure. I love that we are
working on this but don’t think it
works for our home
• Not much. Our land is too steep.
• Not much. I love my little house
on a small lot and am not
interested in adding another unit
to it. I use almost all of my lot for
gardening and enjoy the small
extra space for me and my pets
without having to have another
family or person sharing my
property. I love my open
driveway where family and
guests can park without
cluttering up the street. I am sad
to see that more housing can or
will be built on "single family
zoned lots" and realize that the
single family zoning is no longer
going to be acceptable. Too
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bad. I have owned and lived in
my house since 1976 and to not
care to see changes that more
units on existing lots will probably
create.
• Not much.
• Not much, since I have no
interest in becoming a landlord. If
I was interested, the key thing
would be to make it fairly easy to
evict a tenant. Since an ADU
would likely be connected to my
home, a “bad neighbor” tenant
would be a big problem. Thinking
about 3 people moving in
instead of 1, 3 cars instead of 1,
loud noises late at night or early
in the morning, etc.
• not much
• Not increase my property taxes
as a result of adding livable
space. Also, not allow them to be
used as Air B&B, etc short term
rentals
• Not feasible, but ADUs are a
great solution to the housing
crunch.
• not feasible due to site
constraints
• Not enough space
• No room...
• no room on our lot for ADU
• No permit fees or any other fees.
• Nada. It’s too crowded already. I
hunk more units would be a
safety risk, especially in the event
of a fire in San Anselmo.
• NA. Don’t have enough land to
build an ADU.
• N/a do not have space
• My yard space is way too small to
build on, so the only way to build
would be to add above my
detached garage, which would
by quite expensive, I would think.

If the Town wanted to pay for
someone to complete some
rough construction sketches and
the related financial analysis for
me, that would be helpful-- cost
of construction, including soft
and hard costs, and fees, and
what the rental income stream
could be -- so I could see when it
could ever pay for itself. I really
have no incentive to add a unit
to my small lot and would not
want to pay for an architect and
Town fees only to possibly find out
it may not pencil out.
• My question is, why won't you
issue my neighbor across the
street a permit to build her
ADU??
• My lot isn't conducive because of
a large sewer easement on the
north side. However, I have no
problem with others building one.
• My lot is too small to
accommodate either
• My lot is too small to
accommodate an ADU. If that
were not the case, I would be
VERY interested in building one.
• My lot is too small for an ADU but
perhaps an expedited planning
and building permit process
would make it more attractive to
others.
• Most of my lot is a hill and I don’t
think it’s safe to build on it.
• make the process pain free.

Make the process work for the
homeowner.
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• Make the process and costs clear
and transparent. Show examples
of successful ADU/JADU project
as models.
• Make the permit process easy.

Perhaps subsidize water bill for a
certain period.
• Make the permit process as easy
and straight forward and simple
as possible. All homeowners to be
creative with their ADUs to allow
for the variety of lots in this historic
and hilly city.
• Make the building permit process
easier and allow for more
variances on setbacks and other
regulations/rules ie: FAR, parking,
etc.
• Make project permitting efficient
• Make Planning Department
permission process faster and
cheaper. San Anselmo Planning
has the worst reputation in the
County for housing and dwelling
repair permit process.
• Make permitting a lot easier.

Give tax advantage.
• Make my lot bigger.
• Make it less steep and actually
accessible for a construction
team without costing a fortune.
• Make it affordable, wave fees.
• Make hurdles to building clear.
• Major financial incentives (we
can’t afford to do any upgrades
or renovations- would need to
have the whole project paid for
by town to convert our detached
garage into an ADU)
• Lower permit and fire
department feed.
• Loosen the general permitting
guidelines for all construction /
remodels.
• Loosen overnight parking
restrictions.
• loosen nighttime parking
restrictions
• Loosen all the rules and costs to
allow hard working people to
actually enjoy their houses and
what land they have. It is
unfathomable the amount of red
tape and regulations that are
needed to complete the smallest
changes and improvements to
ones property. If you relax the
regulations then the trust will
improve! It is almost unaffordable
to survive in San Anselmo and
Marin County any more!
• It just seems overwhelming with
financial costs, finding the right
designs and contractors, and
dealing with angry neighbors
who want zero construction in
the neighborhood.
• It could update the excessive
parking requirements in our
driveway, in relation to the street.
• info about streamlined permitting
and clear requirements/info
about any incentives re:
affordable income units, etc
• If our lot was bigger, I’d be open
to the idea, but our lot is too small
to accommodate one.
• If I needed additional housing for
a family member I would
consider a tiny house on my
property
• I’m not interested
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• I’m not in favor of ADU’s unless
the property owner has sufficient
off street parking for themselves
and tenant, has large property
that qualifies under current rules
of lot coverage for additional
living space. The majority of San
Anselmo houses, once be know
as weekend house are on small
lots, owners have increased these
to suit their family sized, this has
caused overcrowded streets and
neighborhoods.
• I would need more land. Lot too
small
• I would need an easement
through through or between
parcels I don’t own for access to
undeveloped area of my lot.
• I would consider an ADU but
don’t have enough room on
property to construct
• I think your survey needs one
more answer for the first question:

I am a homeowner interested in
building an ADU, but cannot do
so financially right now. We hope
to do so in another 5-10 years.so
for us, the barrier is financial.
• I love on a hill so I assume the
construction costs would be too
high and I couldn’t afford to
build one. If I had the resource to
build I would definitely want an
ADU.
• I live on a steep, slide-prone
hillside up Oak Avenue which is
unsuitable for a second unit.
• I live on a hillside in an almost
1500 sq. ft. home. There really is
no way to add an ADU or JADU
without doing some very
expensive construction to add to
the size of the home or to build a
separate unit on a steep hillside.

Plus some kind of parking would
have to be created since there is
no parking available along the
narrow street accessing the
property.
• I live in Sleepy Hollow, not within
town limits. I don’t believe I could
put an ADU on my property
because of laws/rules about
construction near creek banks.

Even if I could, I wouldn’t. We
already do not have enough
water; and traffic is a nightmare,
with no public transit out here.
• I live in an HOA, so not allowed
and already fairly dense housing.

Fully support ADU/JADUs. Make
permitting process and fees
reasonable.
• I highly support ADU and JADU
building in San Anselmo. We own
a condo in the town of San
Anselmo, so we aren't in a
position to build. To encourage
others: Hold workshops and offer
online information to educate
the community about the
process, laws, available funding
programs etc. Support those who
want to build by making the
permitting process clear and
efficient.
• I have a separate lower level
apartment which work nicely.

However, I can neither afford (on
a fixed income ) to put in
sprinklers in my home, nor do I
want to do that.
• I don't know.
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• I don't have sufficient unused
land. I suppose eliminating the
offset requirements might make it
possible to convert my garage.

However, I would need
additional financial incentives like
low interest loans and waiving
permit fees.
• I don't have enough room. Our
street is one way and has no
extra parking. Plus, we are in a
drought and should not be
building a bunch of new housing.

How about converting empty
town buildings into apartments,
homes, etc?
• I don't have enough room on my
lot or I would do that!
• I do not think the town should be
encouraging this
• I currently live in a condominium.
• I already rent out a room in my
home so don't feel like I would
want to also have an additional
family. I don't have adequate
parking to have off street parking
for another car.
• Hold workshops detailing how-to
guidance. Create/promote
webpage(s) dedicated to ADU
development
• HELP WITH COST OF

CONSTRUCTION/PREPARTATIONS,
ETC
• Grants, tax relief, ease of
permitting.
• Give me a bigger lot! Seriously,
there is no room.
• Everyone says the Town's Bldg.

Dept. is a nightmare to deal with.

Do something to make it more
user friendly.
• Ensure all the illegal overnight on
street parked vehicles are
ticketed or towed. It is bad
enough when residents convert
their garage spaces into living
areas, & then park their cars on
the street. But, encouraging
homeowners to add ADUs etc
without parking is a public
nuisance and safety hazard.

When the EMTs, police or fire
department can’t reach my
house to provide life saving
emergency services, and I or one
of my family members die, who
will the attorneys look to for
cause & accountability.
• Enlarge my backyard? ; ) No
room....
• eliminate costs for permits, etc.
• Easy permitting process
• Easy and quick approval of
plans.
• Currently, there are too many
restrictions and hoops one has to
go through for any such project.

Plus, the number of inspections,
requested engineering reports,
fire inspections and regulations to
tire any potential home owner
interested plus the associated
costs of these reports makes any
reasonable project not
affordable.
• Considering how challenging the
town makes it just to build a shed
including g a 20’ variance
requirement from the back fence
I cannot imagine the frustration
entailed in building an adu. The
town has a bad reputation for
being difficult and slow.

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• Change the regulations. I don't
have a lot of space.
• Change the permitting process.

Construction in San Anselmo is
more expensive than other Marin
towns because of the
burdensome permitting system.
• Change set back rules and relax
street parking restrictions on
sufficiently wide streets
• Build more housing that is not

ADU / JADU
• Approved existing structue.
• Allow shared water line so no
extra MMWD charge. Allow one
story ADUs to be within 3’ of side
property lines; two story stay at 8’
side setback. Do not allow
conversion of existing on site
parking as our streets are too
narrow to accommodate so
much parking. It is beginning to
feel like Rohnert Park. Street
sweeper can’t even clean the
streets. Cars are not going away.
• 1. Streamline approvals. I built a
home office (almost an ADU)
and approvals took 12 months.

Get that down to 30 days. 2.

Waive property tax increase on
reassessment after ADU
completion.
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ADU Resident Questionnaire
Question 1: What is the address of the ADU you reside in? No responses to this question.

Question 2: How many people are in your household?
Question 3: How many bedrooms are in your ADU?
0 0.5
1 1.5
2 2.5
3 3.5
0 (efficiency/studio)
1 br
2 br
3 br
4 or more br
25%
75%
0% 0%
1 person
2 people
3 people (0%)
4 or more people (0%)
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Question 4: What range of monthly rent do you pay?
Question 5: What option best describes you?
0 0.5
1 1.5
2 2.5
$0-$2,075
$2,076-$3,279
$3,280-$4,980
$4,981 or more
Prefer not to disclose
67%
33%
33%
0% 0%
Other (please describe
below)
Police / Fire Personnel
Teacher
Retired
Domestic worker
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Question 6: What is the annual income range of your household? Question 7: What is your annual household income range? Question 8: What income range does your household fall into? No responses to this question.
0 0.2

0.4 0.6

0.8 1

1.2 $49,800 or less
$49,801-$83,000
$83,001-$131,140
$131,141-$132,800
$132,801-$197,540
$197,541 or more
Prefer not to disclose
0 0.5
1 1.5
2 2.5
$49,800 or less
$49,801-$83,000
$83,001-$131,140
$131,141-$132,800
$132,801-$197,540
$197,541 or more
Prefer not to disclose
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Question 9: What annual income range best describes your household? No responses to this question.

All Respondents
Question 10: Please share any other ideas you have on how the Town can promote ADUs and JADUs as a viable affordable housing option in San Anselmo.
• Zoom & In person (Hybrid)
meetings providing information.

Invite people who have built
ADUs and JADU's and had
positive experiences to share
those, perhaps there are
contractors, architects that also
may offer info. photos and
designs. Financial benefits
• You have to convince NIMBY
residents that this is a good and
necessary thing.
• We’ve also had family members
live in our adu in the past. That
was a key reason we bought the
property.
• We do not have enough water to
add to our population. Also, It is
already a dangerous situation
with the population we have if
we have an emergency
evacuation. Our streets and
other infrastructure cannot
handle increased population.
• We are trying to build an ADU but
have had several challenges with
the permitting process and great
expense.
• We are having a Marin Green
Home Tour this fall. It might be
useful to have an ADU home tour
(probably across Marin, not just in
Town), so people could see the
possibilities. Perhaps promote
them at an Age Friendly meeting
- long-time residents might be
interested in them as a source of
income.
• Waive the public review process .
• Waive permit fees for any project
associated with ADU if the owner
makes the ADU available to rent
to school district employees for
min 5 years after construction
completed.
• Use uninhabited schools and
other structures, ie; old storefronts
and restaurants that are no
longer in business due largely to
online shopping.
• This makes so much sense to build
community. When the land
space is used more efficiently
and equally than the elitism that
builds in other communities, such
as Mill Valley as an example,
means the character of what
used to be a great town changes
negatively. Mill Valley used to
have a healthier community
(even in the 90's) but has evolved
into the land of the haves and
the have-nots. This leads to the
people, like myself and my
husband, who have a valuable
service to offer even the elite
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(teaching) being unable to
simply survive. As the old song
goes, "you don't know what
you've got 'til it's gone". The
community, to be strong, needs
all kinds of people (like teachers)
and yet many of us (working
folks) are just fleeing California for
good.
• This is the affordable future for
Marin/Sonoma counties. It a winwin for both
owners/renters/seniors. I think
private/public financing would
be the way to go. SB’s 9/10/11
have opened the doors, it’s time
for SA to help people who
wouldn’t be able to live here
otherwise. It’s not about rent
control but housing or lack of
affordable housing as there is not
enough. I think ADU’s could have
a rent cap of $1200 to $1500 for
example. Again, based on low
rate loans. We need to think
outside of the box. The future is
here now.
• This is a duplex rental lot with no
space to build more.
• there are many downtown
locations that could be changed
into apartment complexes
• There are a non-profits and
programs available to assist
people with understanding the
feasibility and cost of adding an
ADU or JADU. It would be helpful
to share these resources to
provide information and promote
the idea. One organization is
Hello Bright:
https://www.hellobright.org/
• The unit was originally used as a
studio and genealogical study
base. Now it is for guests and
back up for income or/or
potential care giver residence.

One serious issue is space for
another car as Durham Road is
already illegally used for resident
overnight parking, and although
there are usually 12' for fire and
security access the town does
not enforce it's parking
restriction.. I suspect this situation
exists throughout the community,
and any increase in car using
occupied units will exacerbate
already potentially intolerable
parking conditions.
• The town should keep a close
eye on the number of
ADU/JADU's, in order for these not
to put too much strain on the
existing logistics of the town. I.e.
curbing the amount of
(additional) traffic these
additional housing units will
create.
• The Town should consider the
quality of life before promoting /
allowing new units to be built.

Parking, traffic, water and sewer
are critical elements.
• The Town needs to not just rely on
ADUs to meet the State’s
requirement. ADUs primarily
adversely impact the small
flatland lots in terms of bulk and
parking. Look at sites such as
above the commercial spaces at
Red Hill Shopping Center, the
storage building on Mariposa,
United Market and Andronico’s,
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above the Recreation building,
etc.
• The town has to be supportive in
the laws and regulations put forth
for anyone to be interested. The
town may entice potential
interested parties but then they
put any and all rocks in front of
one's feet to restrict the process.
• The town could sponsor in-person
or Zoom workshops to guide and
prepare homeowners who wish
to add a ADU to their property.
• the area I'm wanting to build it a
steep slope so the cost of
building is probably cost
prohibitive
• The approval process for ADUs in
San Anselmo needs
improvement. Once a proposal is
reviewed, ALL additional
information required should be
identified in one pass. The
continual reviews with
incremental requests for
information has worn us out. We
are not sure we are going to
continue the process. This ADU is
intended to provide an
affordable home for a family
member who is disabled and
unable to care for themselves.
• The ADU concept eliminates the
concept of Urban Planning by
ignoring the associated needs for
developing housing - some of
those elements are: environment,
traffic, schools, shopping,
parking, fire access, police
access, urban/wildfire interface,
demand for water etc, etc. It is a
dangerous policy that will create
greater problems than just a
shortage of housing as it pits
neighbor against neighbor at so
many levels and introduces
potentially dangerous elements
into quiet, stable neighborhoods.
• Tax breaks Renter vetting
• Talk to people who are currently
renting out ADUs as short-term
rentals and see what it would
take for them to convert to longterm rental
• streamlining the permit process
• Streamline the application
process and impose a 30-day
permitting deadline.
• Streamline permitting. The added
parking would be a problem too.

Wondering if the town would
have any way of ameliorating
that if we add ADUs. ADUs
definitely do seem like a way to
keep our small town feel while
adding units so overall, I’m in
favor of this.
• Stop ruining neighborhoods with
these cheap projects. Build
higher density housing near
public transit hubs and leave low
density neighborhoods alone!!!!!
• solve parking issues associated
with ADU development... already
too many cars on many
roadways to allow emergency
vehicles and safe travel by car
and bicycle
• Simplify all aspects of the building
process. People have been living
in non-code houses for thousands
of years and managed to
overpopulate the world.
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• Set up a task force or advice line
for people who want to do this.

Unfortunately the town building
department has a reputation of
being very difficult to deal with,
requiring multiple plan revisions
and putting up other obstacles
that make people reluctant to
take on projects like this.
• Send postcards to all households
inviting residents to attend inperson and/or virtual workshops.

The postcard would also allow
residents to enter a portal with
FAQ as well as resources. I'd want
to speak with three residents who
have recently put up ADUs or
JADUs. Perhaps this could be
accomplished with an open
house. An entry fee could benefit
a local charity.
• See previous comment
• See previous answer and lower
permitting costs.
• Review the parking limitations in
town and re-evaluate what
streets need to have no parking
2am-6am instead of it being a
town wide rule regardless of the
dimensions of your street. I
understand it’s for emergency
vehicles to be able to get
through. In my neighborhood
people park every day and night
on the street and just pay the
very occasional ticket. This would
help with parking for extra units to
lift this rule where it was safe to
do so
• Require offstreet parking on
properties that add ADUs. Limit
them to areas of San Anselmo
with larger lots, wider streets,
closer to main transportation
arteries (i.e. SFD)
• Remove silly unenforced
regulations like changes parking
limits (car space from the street).

No existing construction abides
these rules. Also enforce speed
rules and parking off-site to
improve pedestrian and cyclist
safety. Promote non motorized
transport for the added
population that would live in
ADUs but permit adjustments for
transport and solar approvals
that limit greenhouse impacts of
expanded population. The
current framework is exploitative
and reflects an effort to milk
money from citizens rather than
reflect costs. Friends who have
tried to do an ADU were
overwhelmed by red tape and
undue and unnecessary citations
and work stoppages (none of
which were outside of code) by
Keith Angermann. Everyone in
Marin recognizes that San
Anselmo is the absolute worst
place to do construction. The
town and their capture from
career architects and
contractors who exploit the
regulatory system to ensure a
monopoly on the system and
extract money from taxpayers is
obscene.
• Reduce the number of permits
required, and make the
permitting process for all projects
(not just ADUS) easier and
accessible for DYI projects. San
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Anselmo residents often skip
permits because it is virtually
impossible to get one if you are
not a licensed contractor that
works with the Town's system. The
Town has a reputation as one of
the most difficult to work with.

Consider undertaking a
permitting reform process like San
Rafael and the County of Marin
did.
• Reduce permit cost
• Reduce or eliminate planning
and permit fees.
• Public listing of avalible ADUs;
rent pricing ranges (tell
homeowners what they can
charge that the orices aren’t
outrageous)
• Provide tax incentives to
homeowners or other financial
assistance related to
permitting/construction costs
• Provide people the opportunity
to legalize their illegal ADU/JDU
without fines or punishment.
• Provide no-cost pre-approved
ADU plans, and support with
design, permitting, and project
management for ADU
construction.
• Provide improved service at
towns permit department by: 1)
increasing walk in hours 2)
ensuring emails are responded to
within 24-48 hrs 3) speeding up
permit review timelines,
especially of the fire department
4) consider over-the-counter
permit for certain ‘standardized’
ADU conversions Reconsider
street parking ordinances, I.e.
only street parking allowed over
night under emergency
circumstances
• Provide examples of actual adu’s
- different types, problems, costs
• Property tax breaks
• Promote sites with plans that will
have a streamlined approval
process, like what LA county does
with its ADU site ladbs.org
• promote financial incentives and
social values of the project
• Promote examples of single
family homes having been
successfully converted to a 2 unit
dwelling. In particular, reactions
to owners, new occupants, and,
importantly, neighbors.
• Please take parking into
consideration, especially in the
hills.
• Please make more affordable
housing available in SA.
• Please make it as easy and
affordable to build ADUS esp that
are accessible and easy access
to transportation. Please consider
limiting ADUS for vacation rentals.

Thank you
• Please keep all up to code and
with permits Notify neighbors
• Please include a requirement for
reinspection (at 1, 2, 3 years) of
ADUs to ensure that’s really what
they are. I have seen multiple
people in SF and Mill Valley build
“ADUs” in order to get fast
approval for
expansion/easement, then
remove kitchens/doors and
reintegrate the fake ADU space
into the primary residence
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immediately after final
inspection. There could be a
penalty of 2x the permit fee per
year until violations are
remedied. We need more
housing, not an easier way for
people to make big houses even
bigger.
• Plans and prefabricated options
that can be placed easily,
discounted options for
plumbing/electrical hookups, etc
• Permit additional parking and
help set up well lighted pathway
to ADU
• Perhaps there could be a
streamlined process to planning;
discounted or even Town
supported "scholarships" for fees;
grandfathering in anything with a
clear, specific checklist to bring
things up to whatever code;
establishing a waiver or variance
structure prioritizing these types of
structures; a series of videos done
by the Town that takes
homeowners step-by-step
through the process; perhaps a
dedicated person in the Planning
Department could spearhead
these projects; lots of social
media, and press blitzes to get
the word out.
• Per a potential rental ADU /
JADU, in a flood zone,
establishing design requirements
which account for how rare flood
events actually are... (for us,
once in 27 years...) i.e.
requirements emphasis safety,
and possibility for an owner to
make this investment. How can
design and materials
requirements be designed for
both safety and a wash out that
more easily / quickly gets
someone back in their rental?
Not the 9 months it took in 2006,
for us to raise up our older home,
and renovate it...
• People that want one will come
to the town for permits.. Offer
them some discounts for local
related businesses. Also, over 50%
of surveyed residents said they
did not want to be told how to
power their homes. No one talks
about the generators,or solar
panels or battery waste. Do you
think there would be a star rated
restaurant in San Anselmo
without a gas stove? No.
• Partner with Marin Housing
Authority to place vetted tenants
• Partner with approved
contractors that better
understand the JADU and ADU
regulations and process.
• Parking, noise, garbage on the
streets is an issue and will only get
worse. We are adamantly
opposed to this. You need to
implement mandates and
ordinances that allow us - who
pay exorbitant property taxes - to
enjoy our properties and
neighborhoods first and address
this increasing problem. 1: Noise
24/7 Parties, construction, leaf
blowers continual. It's impossible
to spend time outside without
interruption on weekends. 2:

Garbage and cans left out 24/7
by neighbors - in particular on
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Spring Grove Avenue. This will
increase with your proposal. 3:

Lack of Parking. Obviously there is
a huge problem already.
• Over the years I have heard
many complaints about code
enforcer man… Offer detailed
tax incentives
• Ours was already here. We had a
large problem with the town
about it. We used it as a place
for the aide that helped my
father who was living with us until
his death. We then rented it to a
former friend for $700/mo. The
town needs to be friendlier to
these units. We do not plan to
rent it again.
• Offer workshops on ADU
construction,/regs have a
specific liaison in charge of ADUs
who could offer guidance, ADU
specific website with rules and
recommendations as well as
building resources.
• off street parking requirements
are a disincentive; setback
requirements are a significant
problem. If we want more density
we need to allow for it.
• Notice board by Creek Park.

Photos of what is/isn’t
proposed/viable. What increase
density could/won’t look like.
• not sure how to deal with limited
parking situation as already so
many homes have too many
personal vehicles and street
parking is tight. maybe
partnerships with GG transit to
provide discounted transit passes
for ADU renters without cars?
• Not sure ADUs are the best
solution to increase housing
options. I personally think other
higher-density solutions should be
approved more quickly. I watch
in dismay as old/failed retail sites
(close to Red Hill, elsewhere
along SFD) languish in various
review processes for years, when
they could be repurposed for a
good number of people. It seems
like the traffic issue is reduced by
making a property residential vs.
retail. (San Rafael has been
doing this very successfully.)
• Not in favor of ADU’s
• Not certain. Need to look into
further.
• None.
• None
• No idea.
• No area.
• NA
• N/A
• My total impression of the
planning department in San
Anselmo is that they will do
enerything they can to keep one
from creating separate living
units. I have lived here for thirty
years and have tried.
• More ADU’s along with the large
amount of short term rentals are
creating chaos on our streets.

Parking is near to impossible on
small streets already. Snd traffic is
terrible. We do not need more
residents in town. A better idea
would be to allow ADU’s for
properties along the freeway
corridors only or proper housing.
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• Maybe defer property tax on the
improvements?
• Maybe a way of streamlining the
process from permitting to finding
contractors.
• Matching funds.
• Make the process MUCH
smoother and less expensive.
• Make the process easier. Hire
more processors?
• Make the process easier
• Make the permitting easy. And
include tiny houses.
• make sure there is on property
parking so cars don't clog up
streets and slow down
emergency vehicles
• Make permitting easier, grant
money
• Make permitting easier
• Make it easier and faster to get
permits. Grandfather in existing
ADUs, especially if there are no
major and immediate safety
concerns.
• Lower the fees to build one.
• Lower permit fees.
• Limit number than cane used as
airbnb. Provide relief on permit
fees and other financial
incentives to build non-airbnb
units. Property tax breaks??
• Let people know the
advantages!
• Keep taxes low particularly if for
family.
• Keep talking about them!
• Keep it top of mind with
homeowners — create a social
media presence, offer semi
regular virtual workshops, study
successful models of towns that
have increased their adus,
collaborate with the county to
dovetail processes and
permitting.
• Just because someone builds an
ADU, it doesn't mean that the
living space will be affordable. I
don't see anything anywhere
that says the extra housing will
actually be helpful!
• It seems there are chronicallyvacant commercial properties that could be used for affordable
housing.
• It seems the fire danger would
increase with more dwellings
packed into small lots
• It seems that actually many
people have already taken
advantage of this option.
• Increasing the number of ADUs is
a better option than building new
homes on undeveloped land, but
it will negatively affect parking,
and traffic, and alter the feeling
of community in our
neighborhoods. It will also
increase water consumption,
already on the verge of failing.

The RHNA is a power grab by
developers to reduce local
control of our communities.

Building more houses in San
Anselmo and increasing the
population by 18% will destroy
the small town feel of the town
and make existing traffic and
parking problems that much
worse.
• If the town / county were to offer
a tax break to people who build
them I think that would help. And
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minimizing the hoops you’d have
to jump through for approvals,
permits, inspections, zoning laws,
Landscaping requirements, etc.
would be very helpful.
• If the intent is to provide housing
to help meet RHNA, the "plan"
needs to specify that. I.E.,
basically giving people a green
light to build doesn't necessarily
mean owners will rent to fulfill the
requirements of the state. They
may want it for a relative or a
guest house when people visit.

Just a thought. If the ADU is
permitted it has to help in fulfilling
RHNA requirements.
• I would like to see fees reduced
and waitlimes for permits to be
shortened. I also feel like there is
a negative stigma against ADUs.

We want to build one to increase
our living footprint for household
care and then use it for guests or
grandparents visits because
housing is too expensive to rent
nearby.
• I wonder if adu builders could do
presentations and show models
that fall within san anselmo's
regulations
• I think we all know that the town
has more rental an they know
about. Is there a way to give folks
who are currently renting out
units in their homes / on their
property a way to avoid
penalties/ permitting if they “fess
up” about these units? I think if
there was some sort of shortterm/ one-time amnesty for these units we might be surprised how
many there are and hopefully we
could put those towards our
RHNA. Just a thought!
• I think the town should try to
exceed the RHNA minimum, and
I don’t think ADUs are a
particularly interesting way to do
that.
• I think the town is already
considering the best way to
comply with the state's housing
mandates without negatively
affecting the small town
character of our town that we
love so much. A large apartment
building would stand out like a
sore thumb. I also would
recommend placing as many
units as possible east of the Hub
intersection which is already
backing up traffic on Sir Francis
Drake much of the day.
• I think the current concessions for
ADUs and JADUs are
encouragement enough. I do
think that the free pass on
parking should take the area and
the availability of street parking
or lack thereof should be taken
into account,
• I think maintaining the town’s
character supersedes our
housing needs.
• I think it's a very sustainable
concept. Parking is always an
issue esp on narrow hilly streets.
• I support subdivision where it
makes sense Build housing close
to town-above businesses, work
with owner of San Anselmo
Printing property and a local
builder to turn that into studio
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FOR DISCUSSION PURPOSES ONLY
appts, work with U of Redlands to
locate other properties to do the
same -Tam theater? Get state to
help with cost to build? Convert
hard to rent commercial space
into residential- eg. along
creek/sir Francis Drake corridor.

Get homeowners to register their
existing ADU’s. Love the housing
near Stapleton for 55+ so more of
that small development works
with the town feel.
• I suggest building apartments
along the miracle mile.
• I need to be convinced that we
have the infrastructure to support
ADU's. Currently we do NOT even
have safe routes in most of our
town to escape a fire storm. It is
really asking for trouble.

California is not growing so why is
ABAG still forcing the same new
housing numbers. I am all for
regenerating old buildings for low
and extra low income folks. I
wonder how many people in San
Anselmo that build ADU's will rent
them. Is there commitments?
Most neighbors I know do not
have the room or the interest. The
planet is burning up. We need to
think holistically and FIRST set our
Town up resilience for flooding,
drought, fires. Electrify, replace
hot water heaters with heat
pump versions should be
happening now. No new gas
appliances. We are on fire and
we need to act like it. The
alternative is no future, especially
for our kids.
• I hear the building permit process
is difficult or lengthy and possibly
expensive. Maybe there could
be a stream lined process?
• I have no ideas.
• I don't see how ADUs or JADUs
would automatically become
"affordable". Landlords need to
cover their costs and typically
charge market rates for units.

What exactly would incent
someone to charge below
market rates?
• I don't have any.
• I do not support ADU’s unless
sufficient lot size and off street
parking is provided for both
home owner and tenant. Many
home owners use their garages
as storage or living spaces.
• I can’t share I used to promote
these because we already have
issues with not enough water not
enough parking too much traffic!
I feel like this will just exacerbate
the problem! I understand the
need for affordable housing but I
do not think structure can handle
it at this time.
• I am an owners rep on a larger
parcel in Yolanda Area, and am
meeting directly with other
owners to get a accessory
dwelling ministerialy that had no
previous Town records, my guess
is there are at least 400 or more
of these types of scenarios in city
limits
• I am adamantly opposed to
Sacramentos one size fits all SB 9
and SB 10 due to issues with on
going water draught and traffic
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density in communities, such as
San Anselmo, with many hills and
narrow passageways
• How about some kind of funds to
help older homeowners with the
cost to build an ADU or JADU.

Many are on a fixed income and
could use the extra income but
can't afford to pay the high
prices to convert a garage or
JADU, etc.
• Hold regularly scheduled sessions
with the Planning Director to
educate town residents on the
process and facilitate
conversions and new
construction.
• Hold a class - and educate
people. Pros and Cons.
• Historically the town has taken a
very conservative approach on
building requirements, making it
difficult to achieve the spirit of
accommodating more housing in
San Anselmo. We hope the town
planner is more interested in the
end goal than conservatively
interpreting (and in some cases
creating) building requirements.
• Help with determining if an
additional JADU is feasible
• Have Redwood Credit or banks
offer easy and good terms to
finance units. Also show owners
how simple and efficient and
effective ADUs are.
• Have ADU tours of local ones.

More examples of projects, with
timelines, costs, etc.
• Grants and making the
permitting process easier
• Grandfather any existing ADU
and JADU properties that are
currently being rented to
continue being rented, even if
built without permits.
• From what I understand ADUs
also increase our property taxes.

Many seniors like myself are on
limited set incomes, and would
benefit from ADU income, but if
their cost of living is further
increased with utility fees etc.
and property taxes, it’s not so
helpful. The option of establishing
an ADU for seniors who have
raised their family in San Anselmo
and live in larger homes may be
possible if there is an incentive
program for seniors. This could be
a benefit for the town and
homeowner, and offer more
housing for our community so we
don’t have to cram apartments
everywhere.
• Flexible parking requirements.
• Fix review process
• FAR exemption (smaller than the
state) for ADUs above garages.

State regulations currently
exclude these types of DUs as
part of FAR exemptions.
• Expedite plan check and permit
time. Check with neighbors (get
input) on possibly relaxing some
requirements if suitable.
• Ensure via regulation and fines
that they will be used for LT
rentals and not short term, as in
AirBnB or VRBO
• Encourage people to convert
spaces
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• Eliminate plan check and permit
fees. Have staff designers draw
up and submit plans for residents.

Organize a team of volunteers to
help with light construction much
like Habitat for Humanity.

Homeowners using this option
would offer below market rent to
locally employed people and
students.
• Education seminars on the ADU
development process, how best
to finance an ADU, how to find
and vet contractors.
• Education on options, inspectors
helping by waiving fees to build
right, etc.
• Ease the permit process. Low
fees.
• Don't want ADUs. If I wanted to
be all cramped up, living on top
of my neighbors, I'd live in the
City, with no privacy.
• Don’t oversell them. Most people
probably don’t want to be
landlords and their neighbors
don’t want them to be landlords
either. Also, working with people
on the parking issue would be
key. The town may need to invest
in some infrastructure to expand
parking options for tenants. On
my street, there really isn’t much
room for many additional cars.
• Do not pursue this.
• Discourage short term rental,
such as Airbnb
• Cut the red tape!
• Cost is obviously an issue. I do not
have any extra space so for me it
would mean new construction,
which is expensive. If a consultant
were hired to work with
homeowners to discuss costs to
build on their property vs what
the units could rent for, that
would be helpful.
• Convert unoccupied commercial
buildings/spaces to studio
apartments. Does the US Bank
building on San Anselmo Avenue
qualify? Does the BofA building
qualify (but keeping the old,
interesting exterior)? Buy existing
apartment buildings when they
go up for sale, with
federal/state/local grants? Make
sure that any affordable housing
units stay a part of the affordable
housing program if/when units
are resold. Not sure how to
address increased water usage,
though. Composting toilets (and
not just for the ADUs and JADUs)?
Can the town join the other
municipalities in CA that are
opposing state-mandated
growth? I do want the town to
have affordable housing. I don’t
want the town to build on open
space. Nature suffers enough,
already.
• Consider zoning for more multiple
housing units downtown
• Consider grants for property
owners who have financial
limitation, tax relief for property
taxes, ease of permitting process,
clear pathway
instructions/guidance from the
Town to help homeowners know
how to create ADUs/JADUs
• Clear language on Town website
about building an ADU
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• Change the overnight parking
rules for some areas of San
Anselmo that currently do not
allow such parking. Encourage
the building of ADUs and JADUs
to be rented to family members
of all ages, particularly seniors for
independent or assisted living, for
caregivers of seniors or disabled
folks. It is a "hard sell" to home
owners when they are
considering renting to "strangers".

If there were some kind of
"vetting" system available to
homeowners, this would be a
help. Perhaps an organization
such as PRANDI Property
Management that specializes in
ADU & JADU rentals. Home
Match is a program whereby
senior home owners can find
housemates through a vetted
system. Vivalon has more
information.
https://covia.org/programs/hom
e-match/
• Building and doing business in
Marin and California is so
expensive that it is impossible to
construct affordable housing
here. If an 800 SF ADU costs
$267,200 @$334 per square foot,
then the rent is going to be at
least $2500. That is not affordable
housing. Traffic is horrible and
adding more housing is only
going to make it worse. It is time
to fight back against ABAG and
the ridiculous RHNA numbers
assigned to Marin County.
• Build separate, dedicated
projects to create affordable
housing. Don't expect
homeowners to do it.
• Build on space that is suitable.

Consult with neighbors. Get the
necessary permits
• Build more densely in town, not
on small and or steep residential
streets. More ADUs just might be a
terrible, horrible city planning
crime we cannot undo.
• Bring in vendors who create
ADU’s and showcase them at SA
streets night, or larger facilities
such as school parking lots.

Parking is a limiting factor that
may need more proposed
solutions, knowing additional
residents will join our town. Thank
you for extending a creative way
to do this!
• Be rational as you consider
regarding short term rentals. One
size does not fit all.
• Be more landlord friendly.
• An expedited approval process
timeline outlined for companies
to use and homeowners to
clearly follow.
• An alternative parking option for
those who don't have space for
more cars. Financial help to
afford the cost of building an
ADU.
• Allow yurts as ADU options
• Allow some acceptance of
existing units which are livable
without requiring hundreds of
dollars of upgrades.
• Again, either bring the Town's
Bldg. officials under control or
clean house and start over.
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• ADUs tend to be single bedroom
and are at the lower end of the
rental market -- but that still
means rents of 2K plus. Given the
high cost of mortgages and
property taxes in SA, I don't think
people build ADUs to offer them
at rents below market.
• ADUs are a better idea than
building new homes, especially
on undeveloped land.
• ADSs maintain charm and
coziness of SA, especially if the
footprint is not enlarged. I love
SA’s variety of bungalows. ADSs
would allow multi-generational
homes, affordable choices, and
addt’l income. It is sustainable
living. The town needs to support
the reasonable remodel of
existing conditions. Dwellings
need to be safe, but quirky is
cool, small is sweet! It’s not the
quantity in life, but the quality.

Parking is tough; many streets are
too narrow/crowded. PLS LOOK
AT THE CORNER OF SFD and OAK
KNOLL- DANGEROUS! CURBS

NEED TO BE RED, TOO NARROW,

TOO MUCH PARKING ON BOTH
SIDES OF STREET The Historical
Society has charming pictures
showing what we used to be;
work towards persevering SA. I
love the parks downtown, the
flower baskets, the replanting of
the Miracle Mile, the Sugar Foot
signage, love the roof top dining.

Miss shops with variety and
weren't so expensive. If rents
were affordable it could
encourage a variety of shops to
come back. Thanks GOOD JOB!
• Additionally, there might be the
ability to bring "bonus rooms" up
to code for human dwelling. I'd
like to better understand how
doing this (including back
permitting or the waiving of those
fees) might work.
• Add the units to existing structures
along SFD Blvd, Red Hill and
Greenfield where there is ONstreet parking. Please answer, just why anyone would think the
ADUs or JADUs would be
“Affordable Housing”? The
market rental rate will prevail,
owners will want to recoup their
costs & earn a profit just like all
other rentals.
• Add more allowable square
footage and increase distance
to public trans for construct
without a parking space/garage.

A mile is nothing for us Marinites:)
Those are the things that are in
your ordinances that need to
change but there are also some
things we need to do to
accommodate healthy living to
those that move into these ADUs.

When bringing in additional
people they will look for open
space. We live near Robson Park.

I believe there is opportunity here
for both dogs, gardeners and
children. Currently the gardeners
have very large (in my opinion)
lots utilizing some of the best
views and fencing them off with
padlocks to everyone except
themselves. Off leash dogs and
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small children do not mix so the
lower area is a dog park. The
terraces are crumbling and no
longer safe for children to
wander with their imagination
which was all that was left in the
park without a set play area.
• A study should be completed to
identify locations in the town that
are conducive to having ADUs.

Lot size that support on site
parking and access to public
transportation. The town currently
can afford to maintain our
streets, sidewalks, parks and other
public amenities. With a deficit of
tens of millions of dollars its
difficult to understanding how
allowing ADU's without
addressing the impact make
sense.
• - partnerships with pre-fab
builders -increase size of unit that
don't need a permit -referral
network
Question 10: Please provide your email address below to stay engaged in the San Anselmo Housing Element Update project.

Answers omitted from summary to preserve privacy.
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Housing Element Feedback Form
The following pages are from the Community Feedback Form Summary.

SAN ANSELMO HOUSING ELEMENT UPDATE
Community Feedback Form Summary
October – November 2022
The purpose of the San Anselmo Housing Element Update is to guide how the Town seeks to produce new housing, preserve existing housing, ensure fair access to housing, prevent displacement of existing residents, and meet other critical housing needs over the next 8 years as required by California’s Department of Housing and Community Development. To gather feedback and reach a broader audience, an online and hard copy feedback form was prepared to gather input from the San Anselmo community in addition to other ongoing engagement efforts. The feedback form was translated into Spanish.

The feedback form was made available digitally on the project website (townofsananselmo.org/1517/Housing-Element-Update) and as hard copies from October 29th through November 7th 2022. The feedback form was shared to community members through a hardcopy flyer at various community events such as the Goblins’ Spooktaculatar at San Anselmo Avenue on October 28th where staff were available to answer questions and provide updates on the Housing Element process.

A total of 35 responses were received. The feedback received helped inform the content of future outreach efforts and guided the development of the Housing Element.

The following questions were included in the online feedback form:

1. Where do you live?

2. Where do you work?

3. If you work in San Anselmo, how long is your commute?

4. What is your housing situation?

5. What type of housing do you live in?

6. What is your age?

7. Which bracket best describes your household income?

8. Race and Ethnicity.

9. What do you think are the most critical housing issues in San Anselmo?

10. Have you ever faced discrimination in renting or purchasing housing?

11. What do you think are the housing types most needed in San Anselmo?

12. What are the most important considerations to address when planning new housing in San Anselmo over the next 10 years?

13. How well does your current housing meet your needs (choose all that apply)?

14. Please identify any barriers to affordable housing (choose all that apply).

15. Please provide any additional comments below (e.g., if you have any suggestions for how to solicit additional feedback about the Housing Element Update?)
Below is a summary of the input received through the multiple choice questions, followed by open ended “Other” responses that accompanied questions 8-14. San Anselmo Housing Element | Appendix A: Public Participation Prepared by Houseal Lavigne
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San Anselmo Housing Element Update - Feedback Form Summary 2

FEEDBACK FORM SUMMARY

1. WHERE DO YOU LIVE?

2. WHERE DO YOU WORK?
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San Anselmo Housing Element Update - Feedback Form Summary 3

3. IF YOU WORK IN SAN ANSELMO, HOW LONG IS YOUR COMMUTE?

4. WHAT IS YOUR HOUSING SITUATION?
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San Anselmo Housing Element Update - Feedback Form Summary 4

5. WHAT TYPE OF HOUSING DO YOU LIVE IN?

6. WHAT IS YOUR AGE?
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San Anselmo Housing Element Update - Feedback Form Summary 5

7. WHICH BRACKET BEST DESCRIBES YOUR HOUSEHOLD INCOME?

8. RACE AND ETHNICITY
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San Anselmo Housing Element Update - Feedback Form Summary 6

9. WHAT DO YOU THINK ARE THE MOST CRITICAL HOUSING ISSUES IN SAN ANSELMO? ‘Other’:
- If I could, I would select ALL of the answers, a through j. - Relatively Poor Condition of Houses & Town Infrastructure - Water availability for people competing for housing in Marin - Approval of new housing units in old commercial settings - Availability of smaller units for those who want to downsize. - Construction trucks delivering supplies, not obeying speed signs 12/12/2022 DRAFT FOR PUBLIC REVIEW
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San Anselmo Housing Element Update - Feedback Form Summary 7

10. HAVE YOU EVER FACED DISCRIMINATION IN RENTING OR PURCHASING HOUSING? ‘If yes please explain’:
- My husband was part Mexican. Owner asked his ethnicity. - Not discrimination, but did experience a neglectful landlord in S.F.

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San Anselmo Housing Element Update - Feedback Form Summary 8

11. WHAT DO YOU THINK ARE THE HOUSING TYPES MOST NEEDED IN SAN ANSELMO? ‘Other’:
- High quality ADU's that don't impact the nature of the town. This is NOT a low income housing town or area.
- Housing available to low and middle income families .The median home prices that Marin loved to print on the cover of the Marin IJ are gross and completely tone def. So sad to think that makes people here so happy and really how can you say you care about equity yet promote median home prices most across the Nation could never afford - It's tough to choose the "most needed" housing. All are needed. - probably all the above, there's just not enough for everyone - What happened tom "No more population growth" . We're full here. Traffic, construction trucks, speed
- All of these
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San Anselmo Housing Element Update - Feedback Form Summary 9

12. WHAT ARE THE MOST IMPORTANT CONSIDERATIONS TO ADDRESS WHEN PLANNING NEW HOUSING IN SAN ANSELMO OVER THE NEXT 10 YEARS
‘Other’:
- Water
- We use to have designated bike lines painted on S.F.D. Now it's the speed and broken side mirrors
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San Anselmo Housing Element Update - Feedback Form Summary 10

13. HOW WELL DOES YOUR CURRENT HOUSING MEET YOUR NEEDS (CHOOSE ALL THAT APPLY)? ‘Other’:
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San Anselmo Housing Element Update - Feedback Form Summary 11

14. PLEASE IDENTIFY ANY BARRIERS TO AFFORDABLE HOUSING (CHOOSE ALL THAT APPLY) Common themes captured from ‘Other’:
- Expectations that affordable housing means "low income" housing in affluent neighborhoods. Affordable housing is where you can afford to live. - Not clear whether this question refers to subsidized affordable housing or simply cheap housing. This conflation of the two meanings makes answering this challenging and the results not particularly meaningful.
- Once again, for my friends having limited income, ALL the above.

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San Anselmo Housing Element Update - Feedback Form Summary 12 QUESTION 15 - COMMON THEMES FROM OPEN-ENDED RESPONSES
Below are common themes established from the 14 responses received for Question 15.

15. Please provide any additional comments below (e.g., if you have any suggestions for how to solicit additional feedback about the Housing Element Update?) - Consider building or approving plans for under utilized sites such as run down malls or obsolete shopping centers prior to developing on single family parcels - Provide subsidies for teachers, police, firefighters, town staff and others so they can live in San Anselmo
- Home ownership is hard to obtain in Marin County unless it was inherited or have a very high paying job (tech, finance etc.)
- Create incentives for homeowners to build ADU’s which could provide more housing for San Anselmo or keep large families together on one parcel.
- Consider impacts that more housing will have on the Town such as traffic and resources - Focus on smaller, affordable units rather than traditional single family homes - Reduce parking standards and add bicycle parking minimums for apartment/multifamily developments.
- Focus more on diversity and ways to engage those who don’t live in San Anselmo but would want to if issues were addressed.
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San Anselmo Housing Element Update - Feedback Form Summary 13 Appendix
Question 15 Responses:

Approve proposed plans for old strip malls or obsolete shopping areas, rather than rely on single-family homeowners to build ADUs!
As a child of displace parents, born in a refugee camp, who arrived in the U.S. with nothing but what fit in a small crate - we lived where we could afford. Which was a small one room cottage in Pacifica for the first year, and then we eventually progressed to an apartment in the Sunset - when the Sunset was the "outerlands," and so forth to the point we could afford to live the dream of Ross Valley / San Anselmo. Why is there an expectation that Ross Valley should be anything other than an aspirational address? This is not a "low income" area. Everyone should earn their ability to live here, as we did. That may include teachers, police, firefighters, town staff who commit to accountable community service and receive pay or subsidies that afford them the ability to live in the community with the community.

Before moving here we spent time in the Canal district of San Rafael and other locales. Those were the affordable housing areas, and to a relative extent still are.

How can my Marin county employee son and his San Rafael 3rd grade teacher wife ever dream of owing a home in the county to which they’ve dedicated their careers? Minor: re commute time: mine is < one minute (home office). Did not see that option.

I checked the highest income bracket box available on this survey. My wife and I both work great full-time jobs.

We were together for 13 years before having a kid. I have a PhD and she has a MPA and we could still never dream of buying a house in San Anselmo or pretty much anywhere in Marin County. Homeownership in this area has become completely unobtainable for anyone who didn't inherit a home or large sums of money (unless they struck it big in tech or finance).

I encourage the Town of San Anselmo to continue to educate, support and pave the way for homeowners to create ADUs and JADUs. This, I think, is one of the great ways to provide more housing in tiny S.A. while potentially keeping nuclear and extended families together.

I think it's good to find a way to channel potential pushback into positive contributions. I'm not exactly sure how to do that, but if there was a way to find the likely pockets of resistance and help them feel like their input matters without them totally digging in their heels this process will have the best outcome.

I think these multiple choice answers limit the info you can collect Isn't the town meeting the needed housing by now ? Is it more money for your retirements and pensions. We tried to get you to listen to us. A group of 6 of us that just gave up. Kay Coleman used the $250,000.00 for something in Ross borders. It was suppose to help with children waiting at bus stops, as barriers WE GAVE UP .

No more housing.

It's already hard to get through san anselmo at times. We don't need more people/traffic.

Need need smaller affordable units that don’t cost as much to build as market rate units. Don’t need more single family homes.

Reduce or eliminate off-street car parking minimums and implement improved bicycle parking minimums. People who live in apartments need a secure place to park an e-bike and and don't otherwise have access to a garage This survey focuses on housing, but doesn't necessarily touch one of the topics most associated with housing:
income and racial diversity. Because of historic redlining policies designed to limit wealth from people of color, many diverse families cannot afford housing. Given the demographics of San Anselmo, some focus should be given to the many benefits to living in a truly diverse town. I know that the lack of diversity is literally the only reason I am unsatisfied with living in San Anselmo and I sometimes contemplate leaving.

What about making better use of the area around Memorial Park and upgrading Cook housing so that it was nicer for the folks living there. What about all of the vacant store fronts on SFD both across from Creek Park where the vacant movie theater is and along the route to Redhill. You could turn those buildings into affordable condos and San Anselmo Housing Element | Appendix A: Public Participation Prepared by Houseal Lavigne
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San Anselmo Housing Element Update - Feedback Form Summary 14 townhomes and apartments for more families to move into. It is sad in a community as affluent as San Anselmo is that there isn’t more of this for all people. I wish George Lucas would have taken that same money he put into planting the center divide and instead took some of the vacant and dilapidated buildings along SFD and fixed them up for families to live in

WITH NEW CATEGORIES OF HOUSING VEHICULAR TRAFFIC AND CONGESTION AND PARKING INCREASE, AND CONDITIONS ARE ALREADY EXTREME AND NOT CONTROLLED BY POLICE AND TOWN OFFICIALS. IN A MAJORITY

OF INSTANCES DRIVERS PLACE PERSONAL CONVENIENCE OVER CIVIC RESPONSIBILITY ESPECIALLY WHEN PARKING.
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MAP BOOK
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Government Code Section 65583.

The housing element shall consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing. The housing element shall identify adequate sites for housing, including rental housing, factorybuilt housing, mobilehomes, and emergency shelters, and shall make adequate provision for the existing and projected needs of all economic segments of the community. The element shall contain all of the following:
(a) An assessment of housing needs and an inventory of resources and constraints relevant to the meeting of these needs.

The assessment and inventory shall include all of the following:
(1) An analysis of population and employment trends and documentation of projections and a quantification of the locality’s existing and projected housing needs for all income levels, including extremely low income households, as defined in subdivision (b) of Section 50105 and Section 50106 of the Health and Safety Code. These existing and projected needs shall include the locality’s share of the regional housing need in accordance with Section 65584. Local agencies shall calculate the subset of very low income households allotted under Section 65584 that qualify as extremely low income households. The local agency may either use available census data to calculate the percentage of very low income households that qualify as extremely low income households or presume that 50 percent of the very low income households qualify as extremely low income households. The number of extremely low income households and very low income households shall equal the jurisdiction’s allocation of very low income households pursuant to Section 65584.
(2) An analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition. (3) An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites.
(4)
(A) The identification of a zone or zones where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit. The identified zone or zones shall include sufficient capacity to accommodate the need for emergency shelter identified in paragraph (7), except that each local government shall identify a zone or zones that can accommodate at least one year-round emergency shelter. If the local government cannot identify a zone or zones with sufficient capacity, the local government shall include a program to amend its zoning ordinance to meet the requirements of this paragraph within one year of the adoption of the housing element. The local government may identify additional zones where emergency shelters are permitted with a conditional use permit. The local government shall also demonstrate that existing or proposed permit processing, development, and management standards are objective and encourage and facilitate the development of, or conversion to, emergency shelters. Emergency shelters may only be subject to those development and management standards that apply to residential or commercial development within the same zone except that a local government may apply written, objective standards that include all of the following:
(i) The maximum number of beds or persons permitted to be served nightly by the facility. (ii) Sufficient parking to accommodate all staff working in the emergency shelter, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone.
(iii) The size and location of exterior and interior onsite waiting and client intake areas. (iv) The provision of onsite management.

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(v) The proximity to other emergency shelters, provided that emergency shelters are not required to be more than 300 feet apart.
(vi) The length of stay.
(vii) Lighting.
(viii) Security during hours that the emergency shelter is in operation. (B) The permit processing, development, and management standards applied under this paragraph shall not be deemed to be discretionary acts within the meaning of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (C) A local government that can demonstrate to the satisfaction of the department the existence of one or more emergency shelters either within its jurisdiction or pursuant to a multijurisdictional agreement that can accommodate that jurisdiction’s need for emergency shelter identified in paragraph (7) may comply with the zoning requirements of subparagraph (A) by identifying a zone or zones where new emergency shelters are allowed with a conditional use permit.
(D) A local government with an existing ordinance or ordinances that comply with this paragraph shall not be required to take additional action to identify zones for emergency shelters. The housing element must only describe how existing ordinances, policies, and standards are consistent with the requirements of this paragraph.
(5) An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and 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, local processing and permit procedures, and any locally adopted ordinances that directly impact the cost and supply of residential development. The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Section 65584 and from meeting the need for housing for persons with disabilities, supportive housing, transitional housing, and emergency shelters identified pursuant to paragraph (7). (6) An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, 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 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 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. (7) An analysis of any special housing needs, such as those of the elderly; persons with disabilities, including a developmental disability, as defined in Section 4512 of the Welfare and Institutions Code; large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter.

The need for emergency shelter shall be assessed based on the capacity necessary to accommodate the most recent homeless point-in-time count conducted before the start of the planning period, the need for emergency shelter based on number of beds available on a year-round and seasonal basis, the number of shelter beds that go unused on an average monthly basis within a one-year period, and the percentage of those in emergency shelters that move to permanent housing solutions. The need for emergency shelter may be reduced by the number of supportive housing units that are identified in an adopted 10-year plan to end chronic homelessness and that are either vacant or for which funding has been identified to allow construction during the planning period. An analysis ITEM 3- ATTACHMENT 2
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of special housing needs by a city or county may include an analysis of the need for frequent user coordinated care housing services.
(8) An analysis of opportunities for energy conservation with respect to residential development. Cities and counties are encouraged to include weatherization and energy efficiency improvements as part of publicly subsidized housing rehabilitation projects. This may include energy efficiency measures that encompass the building envelope, its heating and cooling systems, and its electrical system. (9) An analysis of existing assisted housing developments that are eligible to change from low-income housing uses during the next 10 years due to termination of subsidy contracts, mortgage prepayment, or expiration of restrictions on use. “Assisted housing developments,” for the purpose of this section, shall mean multifamily rental housing that receives governmental assistance under federal programs listed in subdivision (a) of Section 65863.10, state and local multifamily revenue bond programs, local redevelopment programs, the federal Community Development Block Grant Program, or local in-lieu fees. “Assisted housing developments” shall also include multifamily rental units that were developed pursuant to a local inclusionary housing program or used to qualify for a density bonus pursuant to Section 65916.
(A) The analysis shall include a listing of each development by project name and address, the type of governmental assistance received, the earliest possible date of change from low-income use, and the total number of elderly and nonelderly units that could be lost from the locality’s low-income housing stock in each year during the 10-year period. For purposes of state and federally funded projects, the analysis required by this subparagraph need only contain information available on a statewide basis. (B) The analysis shall estimate the total cost of producing new rental housing that is comparable in size and rent levels, to replace the units that could change from low-income use, and an estimated cost of preserving the assisted housing developments. This cost analysis for replacement housing may be done aggregately for each five-year period and does not have to contain a project-by-project cost estimate. (C) The analysis shall identify public and private nonprofit corporations known to the local government that have legal and managerial capacity to acquire and manage these housing developments. (D) The analysis shall identify and consider the use of all federal, state, and local financing and subsidy programs that can be used to preserve, for lower income households, the assisted housing developments, identified in this paragraph, including, but not limited to, federal Community Development Block Grant Program funds, tax increment funds received by a redevelopment agency of the community, and administrative fees received by a housing authority operating within the community. In considering the use of these financing and subsidy programs, the analysis shall identify the amounts of funds under each available program that have not been legally obligated for other purposes and that could be available for use in preserving assisted housing developments.
(b)
(1) A statement of the community’s goals, quantified objectives, and policies relative to the maintenance, preservation, improvement, and development of housing.
(2) It is recognized that the total housing needs identified pursuant to subdivision (a) may exceed available resources and the community’s ability to satisfy this need within the content of the general plan requirements outlined in Article 5 (commencing with Section 65300). Under these circumstances, the quantified objectives need not be identical to the total housing needs. The quantified objectives shall establish the maximum number of housing units by income category, including extremely low income, that can be constructed, rehabilitated, and conserved over a five-year time period.
(c) A program that sets forth a schedule of actions during the planning period, each with a timeline for implementation, that may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the ITEM 3- ATTACHMENT 2
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goals and objectives of the housing element through the administration of land use and development controls, the provision of regulatory concessions and incentives, the utilization of appropriate federal and state financing and subsidy programs when available, and the utilization of moneys in a low- and moderate-income housing fund of an agency if the locality has established a redevelopment project area pursuant to the Community Redevelopment Law (Division 24 (commencing with Section 33000) of the Health and Safety Code). In order to make adequate provision for the housing needs of all economic segments of the community, the program shall do all of the following:
(1) Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Section 65584.09. 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.
(A) Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, rezoning of those sites, including adoption of minimum density and development standards, for jurisdictions with an eight-year housing element planning period pursuant to Section 65588, shall be completed no later than three years after either the date the housing element is adopted pursuant to subdivision (f) of Section 65585 or the date that is 90 days after receipt of comments from the department pursuant to subdivision (b) of Section 65585, whichever is earlier, unless the deadline is extended pursuant to subdivision (f). Notwithstanding the foregoing, for a local government that fails to adopt a housing element within 120 days of the statutory deadline in Section 65588 for adoption of the housing element, rezoning of those sites, including adoption of minimum density and development standards, shall be completed no later than three years and 120 days from the statutory deadline in Section 65588 for adoption of the housing element.
(B) Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, the program shall identify sites that can be developed for housing within the planning period pursuant to subdivision (h) of Section 65583.2. The identification of sites shall include all components specified in Section 65583.2.
(C) Where the inventory of sites pursuant to paragraph (3) of subdivision (a) does not identify adequate sites to accommodate the need for farmworker housing, the program shall provide for sufficient sites to meet the need with zoning that permits farmworker housing use by right, including density and development standards that could accommodate and facilitate the feasibility of the development of farmworker housing for low- and very low income households. (2) Assist in the development of adequate housing to meet the needs of extremely low, very low, low-, and moderate-income households.
(3) Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. Transitional housing and supportive housing shall be considered a residential use of property and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. Supportive housing, as defined in Section 65650, shall be a use by right in all zones where multifamily and mixed uses are permitted, as provided in Article 11 (commencing with Section 65650).

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(4) Conserve and improve the condition of the existing affordable housing stock, which may include addressing ways to mitigate the loss of dwelling units demolished by public or private action. (5) Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part

2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law.
(6) Preserve for lower income households the assisted housing developments identified pursuant to paragraph (9) of subdivision (a). The program for preservation of the assisted housing developments shall utilize, to the extent necessary, all available federal, state, and local financing and subsidy programs identified in paragraph (9) of subdivision (a), except where a community has other urgent needs for which alternative funding sources are not available. The program may include strategies that involve local regulation and technical assistance. (7) Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at affordable rent, as defined in Section 50053 of the Health and Safety Code, for very low, low-, or moderate-income households. For purposes of this paragraph, “accessory dwelling units” has the same meaning as “accessory dwelling unit” as defined in paragraph (4) of subdivision (i) of Section 65852.2. (8) Include an identification of the agencies and officials responsible for the implementation of the various actions and the means by which consistency will be achieved with other general plan elements and community goals. (9) Include a diligent effort by the local government to achieve public participation of all economic segments of the community in the development of the housing element, and the program shall describe this effort. (10)
(A) Affirmatively further fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2. The program shall include an assessment of fair housing in the jurisdiction that shall include all of the following components:
(i) A summary of fair housing issues in the jurisdiction and an assessment of the jurisdiction’s fair housing enforcement and fair housing outreach capacity. (ii) An analysis of available federal, state, and local data and knowledge to identify integration and segregation patterns and trends, racially or ethnically concentrated areas of poverty, disparities in access to opportunity, and disproportionate housing needs within the jurisdiction, including displacement risk.
(iii) An assessment of the contributing factors for the fair housing issues identified under clause (ii).
(iv) An identification of the jurisdiction’s fair housing priorities and goals, giving highest priority to those factors identified in clause (iii) that limit or deny fair housing choice or access to opportunity, or negatively impact fair housing or civil rights compliance, and identifying the metrics and milestones for determining what fair housing results will be achieved. (v) Strategies and actions to implement those priorities and goals, which may include, but are not limited to, enhancing mobility strategies and encouraging development of new affordable housing in areas of opportunity, as well as place-based strategies to encourage community revitalization, including preservation of existing affordable housing, and protecting existing residents from displacement.
(B) A jurisdiction that completes or revises an assessment of fair housing pursuant to Subpart A (commencing with Section 5.150) of Part 5 of Subtitle A of Title 24 of the Code of Federal Regulations, as ITEM 3- ATTACHMENT 2
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published in Volume 80 of the Federal Register, Number 136, page 42272, dated July 16, 2015, or an analysis of impediments to fair housing choice in accordance with the requirements of Section 91.225 of Title 24 of the Code of Federal Regulations in effect before August 17, 2015, may incorporate relevant portions of that assessment or revised assessment of fair housing or analysis or revised analysis of impediments to fair housing into its housing element.
(C) The requirements of this paragraph shall apply to housing elements due to be revised pursuant to Section 65588 on or after January 1, 2021.
(d)
(1) A local government may satisfy all or part of its requirement to identify a zone or zones suitable for the development of emergency shelters pursuant to paragraph (4) of subdivision (a) by adopting and implementing a multijurisdictional agreement, with a maximum of two other adjacent communities, that requires the participating jurisdictions to develop at least one year-round emergency shelter within two years of the beginning of the planning period.
(2) The agreement shall allocate a portion of the new shelter capacity to each jurisdiction as credit toward its emergency shelter need, and each jurisdiction shall describe how the capacity was allocated as part of its housing element.
(3) Each member jurisdiction of a multijurisdictional agreement shall describe in its housing element all of the following:
(A) How the joint facility will meet the jurisdiction’s emergency shelter need. (B) The jurisdiction’s contribution to the facility for both the development and ongoing operation and management of the facility.
(C) The amount and source of the funding that the jurisdiction contributes to the facility. (4) The aggregate capacity claimed by the participating jurisdictions in their housing elements shall not exceed the actual capacity of the shelter.
(e) Except as otherwise provided in this article, amendments to this article that alter the required content of a housing element shall apply to both of the following:
(1) A housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when a city, county, or city and county submits a draft to the department for review pursuant to Section 65585 more than 90 days after the effective date of the amendment to this section. (2) Any housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when the city, county, or city and county fails to submit the first draft to the department before the due date specified in Section 65588 or 65584.02.
(f) The deadline for completing required rezoning pursuant to subparagraph (A) of paragraph (1) of subdivision (c) shall be extended by one year if the local government has completed the rezoning at densities sufficient to accommodate at least 75 percent of the units for low- and very low income households and if the legislative body at the conclusion of a public hearing determines, based upon substantial evidence, that any of the following circumstances exist:
(1) The local government has been unable to complete the rezoning because of the action or inaction beyond the control of the local government of any other state, federal, or local agency. (2) The local government is unable to complete the rezoning because of infrastructure deficiencies due to fiscal or regulatory constraints.

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(3) The local government must undertake a major revision to its general plan in order to accommodate the housing-related policies of a sustainable communities strategy or an alternative planning strategy adopted pursuant to Section 65080.

The resolution and the findings shall be transmitted to the department together with a detailed budget and schedule for preparation and adoption of the required rezonings, including plans for citizen participation and expected interim action. The schedule shall provide for adoption of the required rezoning within one year of the adoption of the resolution.
(g)
(1) If a local government fails to complete the rezoning by the deadline provided in subparagraph (A) of paragraph (1) of subdivision (c), as it may be extended pursuant to subdivision (f), except as provided in paragraph (2), a local government may not disapprove a housing development project, nor require a conditional use permit, planned unit development permit, or other locally imposed discretionary permit, or impose a condition that would render the project infeasible, if the housing development project (A) is proposed to be located on a site required to be rezoned pursuant to the program action required by that subparagraph and (B) complies with applicable, objective general plan and zoning standards and criteria, including design review standards, described in the program action required by that subparagraph. Any subdivision of sites shall be subject to the Subdivision Map Act (Division 2 (commencing with Section 66410)). Design review shall not constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. (2) A local government may disapprove a housing development described in paragraph (1) if it makes written findings supported by substantial evidence on the record that both of the following conditions exist:
(A) The housing development project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density. As used in this paragraph, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. (B) There is no feasible method to satisfactorily mitigate or avoid the adverse impact identified pursuant to paragraph (1), other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density. (3) The applicant or any interested person may bring an action to enforce this subdivision. If a court finds that the local agency disapproved a project or conditioned its approval in violation of this subdivision, the court shall issue an order or judgment compelling compliance within 60 days. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment has not been carried out within 60 days, the court may issue further orders to ensure that the purposes and policies of this subdivision are fulfilled.

In any such action, the city, county, or city and county shall bear the burden of proof. (4) For purposes of this subdivision, “housing development project” means a project to construct residential units for which the project developer provides sufficient legal commitments to the appropriate local agency to ensure the continued availability and use of at least 49 percent of the housing units for very low, low-, and moderate-income households with an affordable housing cost or affordable rent, as defined in Section 50052.5 or 50053 of the Health and Safety Code, respectively, for the period required by the applicable financing. (h) An action to enforce the program actions of the housing element shall be brought pursuant to Section 1085 of the Code of Civil Procedure.
(i) Notwithstanding any other law, the otherwise applicable timeframe set forth in paragraph (2) of subdivision (b) and subdivision (d) of Section 21080.3.1 of the Public Resources Code, and paragraph (3) of subdivision (d) of Section 21082.3 of the Public Resources Code, for a Native American Tribe to respond to a lead agency and request consultation in writing is ITEM 3- ATTACHMENT 2
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extended by 30 days for any housing development project application determined or deemed to be complete on or after March 4, 2020, and prior to December 31, 2021.
(j) On or after January 1, 2024, at the discretion of the department, the analysis of government constraints pursuant to paragraph (5) of subdivision (a) may include an analysis of constraints upon the maintenance, improvement, or development of housing for persons with a characteristic identified in subdivision (b) of Section 51 of the Civil Code. The implementation of this subdivision is contingent upon an appropriation by the Legislature in the annual Budget Act or another statute for this purpose.
(Amended by Stats. 2020, Ch. 195, Sec. 2. (AB 1561) Effective January 1, 2021.) ITEM 3- ATTACHMENT 2
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STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
June 10, 2020
MEMORANDUM FOR: Planning Directors and Interested Parties FROM: Megan Kirkeby, Acting Deputy Director
Division of Housing Policy Development
SUBJECT: Housing Element Site Inventory Guidebook
Government Code Section 65583.2
The housing element of the general plan must include an inventory of land suitable and available for residential development to meet the locality’s regional housing need by income level. The purpose of this Guidebook is to assist jurisdictions and interested parties with the development of the site inventory analysis for the 6th Housing Element Planning Cycle and identify changes to the law as a result of Chapter 375, Statutes of 2017 (AB 1397), Chapter 958, Statutes of 2018 (AB 686), Chapter 664, Statutes of 2019 (AB 1486), and Chapter 667, Statutes of 2019 (SB 6). The Guidebook should be used in conjunction with the site inventory form developed by the California Department of Housing and Community Development (HCD). These laws introduced changes to the following components of the site inventory:
• Design and development of the site inventory (SB 6, 2019) • Requirements in the site inventory table (AB 1397, 2017 AB 1486, 2019) • Capacity calculation (AB 1397, 2017)
• Infrastructure requirements (AB 1397, 2017)
• Suitability of nonvacant sites (AB 1397, 2017)
• Size of site requirements (AB 1397, 2017)
• Locational requirements of identified sites (AB 686, 2018) • Sites identified in previous housing elements (AB 1397, 2017) • Nonvacant site replacement unit requirements (AB 1397, 2017) • Rezone program requirements (AB 1397, 2017)
The workbook is divided into five components: (Part A) identification of sites; (Part B) sites to accommodate the lower income RHNA; (Part C) capacity analysis; (Part D) non-vacant sites; and (Part E) determination of adequate sites.

If you have any questions, or would like additional information or technical assistance, please contact the Division of Housing Policy Development at (916) 263-2911.

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Table of Contents
BACKGROUND AND PURPOSE ........................................................................................ 3 Housing Element Site Inventory Requirements ................................................................ 3 SITE INVENTORY GUIDEBOOK FRAMEWORK................................................................ 4 Guidebook Structure......................................................................................................... 4 PART A: IDENTIFICATION OF SITES................................................................................. 5 Step 1: Identification of Developable Sites ....................................................................... 5 Step 2: Inventory of Sites.................................................................................................. 7 Step 3: Infrastructure Availability ...................................................................................... 7 Step 4: Map of Sites ......................................................................................................... 8 Step 5: Determination of Consistency with Affirmatively Furthering Fair Housing ............ 8 Step 6: Sites by RHNA Income Category ......................................................................... 9 Step 7: Environmental Constraints ................................................................................. 10 PART B: SITES TO ACCOMMODATE LOW AND VERY LOW- INCOME RHNA ............. 11 Step 1: Sites Used in Previous Planning Periods Housing Elements ............................. 11 Step 2: Zoning Appropriate to Accommodate Low- and Very Low- Income RHNA ........ 13 Step 3: Size of Sites ....................................................................................................... 15 PART C: CAPACITY ANALYSIS........................................................................................ 19 Step1: Utilizing minimum densities to calculate realistic capacity of sites....................... 19 Step 2: Utilizing factors to calculate realistic capacity of sites ........................................ 19 PART D: NONVACANT SITES .......................................................................................... 24 Step 1: Description of the nonvacant site ....................................................................... 25 Step 2: Nonvacant site analysis methodology ................................................................ 25 Step 3: Reliance on nonvacant sites to accommodate more than 50 percent of the RHNA for lower income households .......................................................................................... 26 Step 4: Program and policy requiring replacement of existing affordable units .............. 28 PART E: DETERMINATION OF ADEQUATE SITES......................................................... 30 Step 1: Consider any alternative means of meeting the RHNA ...................................... 30 Step 2: Determine whether there is sufficient capacity to accommodate the RHNA for the jurisdiction by income. .................................................................................................... 32 Step 3: Adequate Sites Program .................................................................................... 33 ATTACHMENT 1: SUMMARY OF NEW LAWS REFERENCED IN THE GUIDEBOOK .... 39 ATTACHMENT 2: GOVERNMENT CODE SECTION 65583.2 .......................................... 40 ITEM 3- ATTACHMENT 3
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BACKGROUND AND PURPOSE
Housing Element Site Inventory Requirements
Scarcity of land with adequately zoned capacity is a significant contributor to increased land prices and housing development costs. A lack of adequately zoned sites exacerbates the already significant deficit of housing affordable to lower income households. An effective housing element provides the necessary conditions for conserving, preserving and producing an adequate supply of housing affordable at a variety of income levels and provides a vehicle for establishing and updating housing and land-use strategies to reflect changing needs, resources, and conditions. Among other things, the housing element establishes a jurisdiction’s strategy to plan for and facilitate the development of housing over the five-to-eight year planning period by providing an inventory of land adequately zoned or planned to be zoned for housing and programs to implement the strategy.

The purpose of the housing element’s site inventory is to identify and analyze specific land (sites) that is available and suitable for residential development in order to determine the jurisdiction’s capacity to accommodate residential development and reconcile that capacity with the jurisdiction’s Regional Housing Need Allocation (RHNA). The available and suitable sites are referred to as “adequate sites” throughout this Guidebook. The site inventory enables the jurisdiction to determine whether there are sufficient adequate sites to accommodate the RHNA by income category. A site inventory and analysis will determine whether program actions must be adopted to “make sites available” with appropriate zoning, development standards, and infrastructure capacity to accommodate the new development need.

Sites are suitable for residential development if zoned appropriately and available for residential use during the planning period. If the inventory demonstrates that there are insufficient sites to accommodate the RHNA for each income category, the inventory must identify sites for rezoning to be included in a housing element program to identify and make available additional sites to accommodate those housing needs early within the planning period.

Other characteristics to consider when evaluating the appropriateness of sites include physical features (e.g., size and shape of the site, improvements currently on the site, slope instability or erosion, or environmental and pollution considerations), location (e.g., proximity to and access to infrastructure, transit, job centers, and public or community services), competitiveness for affordable housing funding (e.g., Low Income Housing Tax Credit scoring criteria), and likelihood or interest in development due to access to opportunities such as jobs and high performing schools1. When determining sites to include in the inventory to meet the lower income housing need, HCD recommends that a local government first identify development potential in high opportunity neighborhoods. This will assist the local government in meeting its requirements to affirmatively further fair housing and ensure developments are more competitive for development financing. 1 Please Note: Significant increases in the housing capacity of the residential land inventory of the housing element could also warrant planning for updating of other elements, including the land use, safety, circulation elements and inclusion of an environmental justice element or environmental justice policies. The housing element must include a program describing the means by which consistency will be achieved with other general plan elements and community goals (GC 65583(c)(8)).

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SITE INVENTORY GUIDEBOOK FRAMEWORK
The following is a Guidebook designed to assist a jurisdiction through the site inventory analysis required by Housing Element Law. Use of the Guidebook is not required for a determination of compliance by HCD. The Guidebook is intended to facilitate the jurisdiction in determining if adequate sites are available by income category to accommodate the jurisdiction’s share of the RHNA or if rezoning or other program actions are needed. Areas of the law that are newly added since the beginning of the 5th housing element cycle are marked with the designation *NEW*.

Guidebook Structure
PART A: IDENTIFICATION OF SITES
General characteristics of suitable sites identified in the inventory, including zoning, infrastructure availability, and environmental constraints, among others.

PART B: SITES TO ACCOMMODATE LOW AND VERY LOW- INCOME RHNA Analysis to determine if sites are appropriate to accommodate the jurisdiction’s RHNA for low- and very low-income households.

PART C: CAPACITY ANALYSIS
Description of the methodology used to determine the number of units that can be reasonably developed on a site.

PART D: NONVACANT SITES
Analysis to determine if nonvacant sites are appropriate to accommodate the jurisdiction’s RHNA.

PART E: DETERMINATION OF ADEQUATE SITES
After consideration of the above analysis and any alternate methods to accommodate RHNA, the determination of whether sufficient sites exist to accommodate RHNA or if there is a shortfall requiring a program to rezone additional sites.

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PART A: IDENTIFICATION OF SITES
Step 1: Identification of Developable Sites
Government Code section 65583.2(a)
Generally, a site is a parcel or a group of parcels that can accommodate a portion of the jurisdictions RHNA. A jurisdiction must identify, as part of an inventory, sites within its boundaries (i.e., city limits or a county’s unincorporated area)2 that could have the potential for new residential development within the eight- or five-year timeframe of the housing element planning period.

Types of sites include:
• Vacant sites zoned for residential use.
• Vacant sites zoned for nonresidential use that allow residential development. • Residentially zoned sites that are capable of being developed at a higher density (nonvacant sites, including underutilized sites).
• Sites owned or leased by a city, county, or city and county. • Sites zoned for nonresidential use that can be redeveloped for residential use and a program is included to rezone the site to permit residential use.

Pending, approved, or permitted development:

Projects that have been approved, permitted, or received a certificate of occupancy since the beginning of the RHNA projected period may be credited toward meeting the RHNA allocation based on the affordability and unit count of the development. For these projects, affordability is based on the actual or projected sale prices, rent levels, or other mechanisms establishing affordability in the planning period of the units within the project (See Part E). For projects yet to receive their certificate of occupancy or final permit, the element must demonstrate that the project is expected to be built within the planning period.

Definition of Planning Period: The “Planning period” is the time period between the due date for one housing element and the due date for the next housing element (Government Code section 65588(f)(1).) For example, the San Diego Association of Governments’ 6th Cycle Planning Period is April 15, 2021 to April 15, 2029.

Definition of Projection Period: “Projection period” is the time period for which the regional housing need is calculated (Government Code section 65588(f)(2).). For example, the San Diego Association of Governments’ 6th Cycle Projection Period is June 30, 2020 to April 15, 2029. End definitions
Please note, sites with development projects where completed entitlements have been issued are no longer available for prospective development and must be credited towards the RHNA based on the affordability and unit count of the development. “Completed entitlements” means a housing development or project which has received all the required land use approvals or entitlements necessary for the issuance of a building permit. This 2 In some cases, jurisdictions may want to include sites anticipated to be annexed in the planning period.

Annexation is considered a rezoning effort to accommodate a shortfall of sites. For more information on annexation please see Part E, Step 3.

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means that there is no additional action required to be eligible to apply and obtain a building permit.

Jurisdictions may choose to credit sites with pending projects since the beginning of the RHNA projection period towards their RHNA based on affordability and unit count within the proposed project but must demonstrate the units can be built within the remaining planning period. Affordability must be based on the projected sales prices, rent levels, or other mechanisms establishing affordability in the planning period of the units within the project.

Census definition of a unit: A housing unit is a house, an apartment, a group of rooms, or a single room occupied or intended for occupancy as separate living quarters. Separate living quarters are those in which the occupants do not live and eat with other persons in the structure and which have direct access from the outside of the building or through a common hall. Living quarters of the following types are excluded from the housing unit definition: dormitories, bunkhouses, and barracks; quarters in predominantly transient hotels, motels, and the like, except those occupied by persons who consider the hotel their usual place of residence; quarters in institutions, general hospitals, and military installations, except those occupied by staff members or resident employees who have separate living arrangements.

Student/University Housing: Please be aware, college and university student housing may be considered noninstitutional group quarters and not a housing unit for purposes of meeting the RHNA. According to the census, college/university student housing includes residence halls and other buildings, including apartment-style student housing, designed primarily to house college and university students in group living arrangements either on or off campus. These facilities are owned, leased, or managed by a college, university, or seminary or can be owned, leased, or managed by a private company or agency.

Residents typically enter into “by the bed” leases (i.e., single-liability leases). Another distinguishing factor is that the unit is not available for rent to non-students. For further information on whether university housing meets the definition of a housing unit, please contact the Department of Finance at (916) 323-4086. End definitions Exempt entity-controlled sites (state excess sites, military, university, and tribal land) HCD recognizes that the development of new housing on exempt entity sites (land controlled by exempt federal, state, or tribal entities) can meet a portion of a jurisdiction’s RHNA. However, sites located on land controlled by exempt entities are analyzed differently because the jurisdiction may not have control over the planning, permitting, and decision-making processes of land owned by another public entity.

Sites controlled by exempt entities can be used to accommodate RHNA when documentation can be provided that demonstrates the likelihood that the planned housing will be developed within the current RHNA/housing element cycle. Adequate documentation can vary due to differences in the planning processes on land controlled by exempt federal, state, or tribal entities. The following are examples of documentation that demonstrates the likelihood of housing being developed on sites outside the control of a local government. In each of these examples, the units would have to meet the U.S.

Census Bureau (Census) definition of a housing unit:

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• Agreement with the entity controlling the land that grants the jurisdiction authority regarding approving, permitting, certifying occupancy, and/or reporting new units to the California Department of Finance.
• Documentation from the entity controlling the land that demonstrates planned housing has been approved to be built within the current RHNA cycle. • Data pertaining to the timing of project construction and unit affordability by household income category.
• If the site is listed on the Department of General Services Real Estate Excess State Property map located EO N-06-19 Affordable Housing Development webpage.

Step 2: Inventory of Sites
Government Code section 65583.2(b)
Provide a parcel specific inventory of sites that includes the following information for each site:
• *NEW* Assessor parcel number(s).
• Size of each parcel (in acres).
• General plan land use designation.
• Zoning designation.
• For nonvacant sites, a description of the existing use of each parcel (See Part D) • *NEW* Whether the site is publicly owned or leased.
• Number of dwelling units that the site can realistically accommodate (See Part C) • *NEW* Whether the parcel has available or planned and accessible infrastructure (Part A: Step 3).
• *NEW* The RHNA income category the parcel is anticipated to accommodate (See Part A: Step 5).
• *NEW* If the parcel was identified in a previous planning period site inventory (Part B: Step 1).
*NEW* Please note pursuant to Chapter 667, Statutes of 2019 (SB 6), the site inventory must be prepared using the standards, form, and definitions adopted by HCD. HCD has prepared a form and instructions for this purpose that includes space for the information above and commonly provided optional fields. Starting January 1, 2021, local governments will need to submit an electronic version of the site inventory to HCD on this form along with its adopted housing element.
*NEW* Pursuant to Chapter 664, Statutes of 2019 (AB 1486), at Government Code section 65583.2(b)(3), if a site included in the inventory is owned by the city or county, the housing element must include a description of whether there are any plans to sell the property during the planning period and how the jurisdiction will comply with the Surplus Land Act Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5.

Step 3: Infrastructure Availability
Government Code section 65583.2(b)(5)(B)
Determine if parcels included in the inventory, including any parcels identified for rezoning, have sufficient water, sewer, and dry utilities available and accessible to support housing development or whether they are included in an existing general plan program or other mandatory program or plan, including a program or plan of a public or private entity to secure sufficient water, sewer, and dry utilities supply to support housing development on the site in time to make housing development realistic during the planning period. Dry utilities include, at minimum, a reliable energy source that supports full functionality of the ITEM 3- ATTACHMENT 3
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home and could also include access to natural gas, telephone and/or cellular service, cable or satellite television systems, and internet or Wi-Fi service.

If Yes: Provide an analysis in the housing element describing existing or planned water, sewer, and other dry utilities supply, including the availability and access to parcels on the site inventory, distribution facilities, general plan programs or other mandatory program or plan (including a program or plan of a public or private entity to secure water or sewer service) to support housing development on the site. The housing element must include sufficient detail to determine whether the service levels of water delivery/treatment systems and sewer treatment facilities are sufficient and have the capacity to accommodate development on all identified sites in order to accommodate the RHNA. For example, the water supply should be a reliable supply that meets federal and state drinking water standards.

Please note sites identified as available for housing for above moderate-income households can still be in areas not served by public sewer systems.

If No: Include a program in the housing element that ensures access and availability to infrastructure to accommodate development within the planning period. If this is not possible, the site is not suitable for inclusion in the site inventory or in a program of action identifying a site for rezoning.

Step 4: Map of Sites
Government Code section 65583.2(b)(7)
Provide a map that shows the location of the sites included in the inventory. While the map may be on a larger scale, such as the land use map of the general plan, the more detailed the map, the easier it will be to demonstrate the sites meet new requirements pursuant to Chapter 958, Statutes of 2018 (AB 686) as stated below.

Step 5: Determination of Consistency with Affirmatively Furthering Fair Housing Government Code section 65583.2(a)
*NEW* Pursuant to AB 686, for housing elements due on or after January 1, 2021, sites must be identified throughout the community in a manner that affirmatively furthers fair housing opportunities (Government Code Section 65583(c)(10)).

Affirmatively Furthering Fair Housing means “taking meaningful actions, in addition to combating discrimination, that overcome patterns of segregation and fosters inclusive communities free from barriers that restrict access to opportunity based on protected characteristics. Specifically, affirmatively furthering fair housing means taking meaningful actions that, taken together, address significant disparities in housing needs and in access to opportunity, replacing segregated living patterns with truly integrated and balanced living patterns, transforming racially and ethnically concentrated areas of poverty into areas of opportunity, and fostering and maintaining compliance with civil rights and fair housing laws. The duty to affirmatively further fair housing extends to all of a public agency’s3 3 Public Agencies include the state, including every state office, officer, department, division, bureau, board, and commission, including the California State University, a city, including a charter city, county, including a charter county, city and county, and a redevelopment successor agency, a public housing authority created pursuant to the Housing Authorities Law, a public housing agency, and any other political subdivision of the state that is a grantee or subgrantee receiving funds provided by the United States Department of Housing and Urban Development (Government Code section 8899.5(a)(2).

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activities and programs relating to housing and community development.” (Government Code section 8899.50(a)(1)).

For purposes of the housing element site inventory, this means that sites identified to accommodate the lower-income need are not concentrated in low-resourced areas (lack of access to high performing schools, proximity to jobs, location disproportionately exposed to pollution or other health impacts) or areas of segregation and concentrations of poverty.

Instead, sites identified to accommodate the lower income RHNA must be distributed throughout the community in a manner that affirmatively furthers fair housing. One resource the jurisdiction could use when completing this analysis is the California Tax Credit Allocation/California Department of Housing and Community Development Opportunity Maps, which can be accessed at https://www.treasurer.ca.gov/ctcac/opportunity.asp.

Particularly, the jurisdiction should consider the barriers and opportunities identified in its assessment of fair housing pursuant to Government Code section 65583(c)(10). HCD plans to release a technical assistance memo to assist jurisdictions in addressing AB 686 requirements in their housing element in the Summer of 2020.

Jurisdictions should also consider integrating this analysis with the requirements of Government Code 65302(h), as added by SB 1000 (Statutes of 2016), which requires the preparation and adoption of an Environmental Justice element or equivalent environmental justice-related policies, objectives, and goals throughout other elements of their general plan, to address the needs of disadvantaged communities. More information on Environmental Justice elements can be found on the Governor’s Office of Planning and Research Website.

Step 6: Sites by RHNA Income Category
Government Code section 65583.2(c)
*NEW* Identify which RHNA income category that each site in the inventory is anticipated to accommodate. On the site inventory, specify whether the site or a portion of the site is adequate to accommodate lower income housing, moderate-income housing, or above moderate-income housing. Sites can accommodate units for more than one income category. However, the inventory should indicate the number of units of each income category, and together the total of units attributed to each income category may not exceed total units attributed to the site, so that no unit is designated for more than one income category. This requirement is particularly important because the No Net Loss Law (Government Code section 65863) requires adequate sites be maintained throughout the planning period to accommodate the remaining RHNA by income category. For more information, please consult the HCD’s memo on No Net Loss Law.

HCD Best Practices for selecting sites to accommodate the lower income RHNA:

When determining which sites are best suited to accommodate the RHNA for lower income households, the jurisdiction should consider factors such as:
• Proximity to transit.
• Access to high performing schools and jobs.
• Access to amenities, such as parks and services.
• Access to health care facilities and grocery stores.
• Locational scoring criteria for Low-income Housing Tax Credit (TCAC) Program funding. • Proximity to available infrastructure and utilities.

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• Sites that do not require environmental mitigation.
• Presence of development streamlining processes, environmental exemptions, and other development incentives.

Step 7: Environmental Constraints
Government Code section 65583.2(b)(4)
Provide in the analysis a general description of any known environmental or other features (e.g., presence of floodplains, protected wetlands, oak tree preserves, very high fire hazard severity zones) that have the potential to impact the development viability of the identified sites. The housing element need only describe those environmental constraints where documentation of such conditions is available to the local government. This analysis must demonstrate that the existence of these features will not preclude development of the sites identified in the planning period at the projected residential densities/capacities. This information need not be identified on a site-specific basis. However, local governments will find it beneficial to describe site specific environmental conditions when demonstrating site suitability and realistic buildout capacity of each site, as these types of impediments to building must be considered when determining how many residential units can be developed on the site.

NEXT STEP:
• If the site is selected to accommodate its low or very-low income RHNA, move to Part B: Sites to Accommodate Low and Very-Low Income RHNA.
• If the site accommodates moderate or above-moderate RHNA, move to Part C:

Capacity Analysis.

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PART B: SITES TO ACCOMMODATE LOW AND VERY LOW- INCOME RHNA Step 1: *NEW* Sites Used in Previous Planning Periods Housing Elements Government Code section 65583.2(c)
Determine if the site identified to accommodate the low- and very low-income RHNA pursuant to Part A, Step 6 was used in the previous planning period4. Generally, previously identified sites refer to parcels that were identified in a previous housing element’s site inventory to accommodate any portion of any income category of the jurisdiction’s RHNA, as follows:

For a nonvacant site: Included in a prior planning period’s housing element (e.g., 5th cycle housing element)
For a vacant site (see definition of vacant site on page 21): Included in two or more consecutive planning periods (e.g., 5th cycle and 4th cycle housing element) If Yes: move to Step 1A
If No: move to Step 2
Unusual Circumstances
Sites rezoned or identified for rezoning to accommodate a RHNA shortfall Previously identified sites can also include sites that were subject to a previous housing element’s rezone program but that were ultimately not rezoned. For example: a previous housing element’s rezone program to address a shortfall of sites for lower income households committed to rezone four acres to R-4 zoning, and identified five candidate sites for rezoning, A through E, and each site was two acres in size. If the program was completed in the prior planning period and four acres were rezoned, only those sites rezoned are considered “previously identified.” However, if none or fewer than four acres were rezoned, all the non-rezoned sites identified as candidate sites would be considered as “previously identified.”
Sites rezoned to a higher density as part of a general plan update (not needed to accommodate a shortfall)
Due to updates in the prior planning period to the general plan or other planning activities, such as the creation of a specific plan, some sites previously identified in the housing element may have been rezoned allowing a higher density, and therefore increasing the potential housing capacity of the site. Because the zoning characteristics of this site have changed, it can be considered a new site for the purposes of the housing element inventory. This is only the case if it was not utilized to accommodate a shortfall of sites to accommodate the RHNA. End unusual circumstances
4 Sites in unincorporated areas in a nonmetropolitan county without a micropolitan area are exempt from this step. This includes the unincorporated parts of Alpine, Amador, Calaveras, Colusa, Glenn, Mariposa, Modoc, Mono, Plumas, Sierra, Siskiyou, Trinity.

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Step 1A:

Indicate in the housing element site inventory that this parcel was used in a prior housing element planning period.

Step 1B:

Include a program in the housing element requiring rezoning within three years of the beginning of the planning period to allow residential use by right at specified densities (see Step 2) for housing developments in which at least 20 percent of the units are affordable to lower income households. This program can be an overlay on these specific sites. Please be aware that the intent of this requirement is to further incentivize the development of housing on sites that have been available over one or more planning periods. The application of the requirement should not be used to further constrain the development of housing. As such, housing developments that do not contain the requisite 20 percent would still be allowed to be developed according to the underlying (base) zoning but would not be eligible for “by right” processing. However, the jurisdiction would have to make findings on the approval of that project pursuant to No Net Loss Law (Government Code section 65863) and proceed to identify an alternative site or sites pursuant to that law. Sites where zoning already permits residential “use by right” as set forth in Government Code section 65583.2 (i) at the beginning of the planning period would be considered to meet this requirement.

Definition of Use By Right (Government Code section 65583.2 (i)) By right means the jurisdiction shall not require:
• A conditional use permit.
• A planned unit development permit.
• Other discretionary, local-government review or approval that would constitute a “project” as defined in Section 21100 of the Public Resources Code (California Environmental Quality Act “CEQA”).

However, if the project requires a subdivision, it is subject to all laws, including CEQA.

This does not preclude a jurisdiction from imposing objective design review standards.

However, the review and approval process must remain non discretionary and the design review must not constitute a “project” as defined in Section 21100 of the Public Resources Code. For example, a hearing officer (e.g., zoning administrator) or other hearing body (e.g., planning commission) can review the design merits of a project and call for a project proponent to make design-related modifications, but cannot exercise judgment to reject, deny, or modify the “residential use” itself. (See McCorkle Eastside Neighborhood Group v.

City of St. Helena (2019) 31 Cal.App.5th 80.)
For reference, CEQA applies when a governmental agency can exercise judgment in deciding whether and how to carry out or approve a project. This makes the project “discretionary” (CEQA Guidelines, §15357.) Where the law requires a governmental agency to act on a project using fixed standards and the agency does not have authority to use its own judgment, the project is called “ministerial,” and CEQA does not apply. (CEQA Guidelines, §§ 15268(a), 15369.) End definition of by right.

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Sample Program:

Provide Adequate Sites for Lower Income Households on Nonvacant and Vacant Sites Previously Identified
The City of X will rezone to allow developments by right pursuant to Government Code section 65583.2(i) when 20 percent or more of the units are affordable to lower income households on sites identified in Table A to accommodate the lower income RHNA that was previously identified in past housing elements. Specifically, the City will rezone the nonvacant sites identified on Table A previously identified in the 5th cycle housing element, and the vacant sites identified on Table A as previously identified for both the 5th and 4th cycle housing elements.

Objective: Create opportunity for at least X units of rental housing for lower income households
Responsible Agency: Community Development Department
Timeline: Sites rezoned by (a specific date, no more than three years from the beginning of the planning period)
Funding Source(s): General fund
Step 2: Zoning Appropriate to Accommodate Low- and Very Low- Income RHNA Government Code section 65583.2(c)(3)
Determine if the zoning on the site is appropriate to accommodate low- and very lowincome (termed together as “lower”) housing.

The statute allows jurisdictions to use higher density as a proxy for lower income affordability, as long as certain statutory requirements are met. Parcels must be zoned to allow sufficient density to accommodate the economies of scale needed to produce affordable housing. To make this determination, the statute allows the jurisdiction to either demonstrate that the zoning allows a specific density set forth in the statute (default density)5 or to provide an analysis demonstrating the appropriateness of the zoned densities of the site identified to accommodate the lower RHNA.

Step 2A: Does the parcel’s zoning allow for “at least” the following densities? • For an incorporated city within a nonmetropolitan county and for a nonmetropolitan county that has a micropolitan area: sites allowing at least 15 units per acre. • For an unincorporated area in a nonmetropolitan county not included in the first bullet:
sites allowing at least 10 units per acre.
• For a suburban jurisdiction: sites allowing at least 20 units per acre. • For a jurisdiction in a metropolitan county: sites allowing at least 30 units per acre. “At least” means the density range allowed on the parcel by the zone has to include the default density. For example, if a jurisdiction has a default density of 30 units per acre and the zone allows for range of 24 – 35 units per acre, the zoning is considered appropriate to accommodate the RHNA for lower income households. This is different than the program standard outlined in Part E which requires a minimum of a specific density in the allowed 5 Sometimes called “Mullin densities” after the author of AB 2348, Statutes of 2004, which originated these requirements.

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density range in the zone. To determine the default density for jurisdictions, please refer to HCD Memorandum: Default Density Standard Option (2010 Census Update).

If Yes: Move to Step 3
If No: Move to Step 2B
Step 2B: Can the analysis demonstrate the appropriateness of the zoning to accommodate housing?
Provide an analysis demonstrating how the allowed densities facilitate the development of housing to accommodate the lower income RHNA. The analysis shall include, but is not limited to, factors such as market demand, financial feasibility, and information based on development project experience within a zone or zones, or at densities that accommodate housing for lower income households.

Information gathered from local developers on densities ideal for housing development in the community and examples of recent residential projects that provide housing for lower income households is helpful in establishing the appropriateness of the zone. Other information could include land costs, market demand for various types of affordable housing, and the gap between typical market rents and subsidized rents. It is recognized that housing affordable to lower income households requires significant subsidies and financial assistance. However, for this analysis, identifying examples of subsidized housing projects alone is not sufficient to demonstrate the adequacy of a zone and/or density to accommodate the housing affordable to lower income households. In particular, identification of older project(s) or one-off projects that cannot be easily duplicated is not sufficient to demonstrate a development trend.

The analysis of “appropriate zoning” should not include residential buildout projections resulting from the implementation of a jurisdiction’s inclusionary program or potential increase in density due to a density bonus, because these tools are not a substitute for addressing whether the underlining (base) zoning densities are appropriate to accommodate the RHNA for lower income households. Additionally, inclusionary housing ordinances applied to rental housing must include options for the developer to meet the inclusionary requirements other than exclusively requiring building affordable units on site.

While an inclusionary requirement may be a development criterion, it is not a substitute for zoning. The availability of density bonuses is also not a substitute for an analysis, since they are not a development requirement, but are development options over the existing density, and generally require waivers or concessions in development standards to achieve densities and financial feasibility.

If Yes: Move to Step 3
If No: Site is not appropriate to accommodate lower income. Reclassify pursuant to Part A, Step 5.

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Housing Overlays
Affordable housing or zoning overlays are a zoning tool that allows jurisdictions to modify existing zoning to allow for or require certain types of residential development, or development at certain densities, on a parcel without modifying the standards of the underlying zoning district. Usually, they have specific requirements and conditions (e.g., a percentage of the development must be deed-restricted as affordable to lower income households for a specific number of years) that must be met in order for a developer to take advantage of the overlay. These are often combined with incentives to encourage developers to utilize the overlay. Jurisdictions use overlays to help promote a specific type of development, and to increase densities without having to go through a rezoning procedure on the actual parcel and can be more useful when issues such as density and affordable housing become contentious. To ensure the overlay is considered zoning and not just a development incentive, the overlay must demonstrate the following:
• There is no additional discretionary action needed above what is required in the base zone (i.e., a conditional use permit or other review) for a developer to take advantage of overlay.
• Development standards are consistent with those needed to allow for the density allowed under the overlay. Development standards for use exclusively in the overlay may be needed in order to ensure maximum allowable densities can be achieved. • The developer can access State Density Bonus Law in addition to using the densities allowed in the overlay. For example, if the underlying zoning allows a maximum density of 15 units per acre, but the overlay allows a maximum density of 25 units per acre, and if the developer is using the overlay and wants to use State Density Bonus Law, the density bonus is calculated assuming the base density is 25 units per acre.

If the overlay has conditions such as an affordability requirement, incentives should be sufficient and available to make development feasible and more profitable than the underlying zoning.

For an affordable housing overlay, the element should describe affordability threshold requirements to utilize the overlay (i.e., percentage of units and levels of affordability which must be met to develop at the increased densities). Please note, the jurisdiction should talk with for-profit and nonprofit developers to determine an appropriate mix of incomes that make development feasible in their community. For example, a 100 percent affordability requirement may act as a constraint to using the overlay depending on the level of subsidy required per unit and the availability of funding to support the level of affordability or available incentives. End Housing Overlay
Step 3: Size of Sites
Government Code section 65583.2(c)(2)(A), (B), and (C)
*NEW* Is the size of the site appropriate to accommodate housing for lower income households?
To achieve financial feasibility, many assisted housing developments using state or federal resources are between 50 to 150 units. Parcels that are too small may not support the number of units necessary to be competitive and to access scarce funding resources.

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requiring a developer to purchase more land than is needed, or render a project ineligible for funding. If the size of the site is smaller than one half acre or larger than 10 acres, the following analysis is required.

If the parcel is more than 0.5 acres or less than 10 acres, is the size of the site automatically considered appropriate to accommodate lower income RHNA? Not necessarily. If the size of the parcel in combination with the allowable density and accompanying development standards cannot support a housing development affordable to lower income households, further analysis and programs may be needed to demonstrate the suitability of that site to accommodate the portion of the RHNA for lower income households. End Question and Answer
Is the size of the parcel under 0.5 acres?
If Yes: Move to Step 3A
Is the size of the parcel over 10 acres?
If Yes: Move to Step 3B
If No to Both: Move to Part C: Capacity Analysis
Step 3A: Sites smaller than 0.5 acres
A parcel smaller than one half acre is considered inadequate to accommodate housing affordable to lower income households, unless the housing element demonstrates development of housing affordable to lower income households on these sites is realistic or feasible. While it may be possible to build housing on a small parcel, the nature and conditions (i.e., development standards) necessary to construct the units often render the provision of affordable housing infeasible. The housing element must consider and address the impact of constraints associated with small lot development on the ability of a developer to produce housing affordable to lower income households. To demonstrate the feasibility of development on this type of site, the analysis must include at least one of the following:
• An analysis demonstrating that sites of equivalent size were successfully developed during the prior planning period with an equivalent number of lower income housing units as projected for the site.
• Evidence that the site is adequate to accommodate lower income housing. Evidence could include developer interest, potential for lot consolidation, densities that allow sufficient capacity for a typical affordable housing project, and other information that can demonstrate to HCD the feasibility of the site for development. For parcels anticipated to be consolidated, the housing element must include analysis describing the jurisdiction’s role or track record in facilitating small lot consolidation, policies or incentives offered or proposed to encourage and facilitate lot consolidation, conditions rendering parcels suitable and ready for consolidation such as common ownership, and recent trends of lot consolidation. The housing element should include programs promoting, incentivizing, and supporting lot consolidations and/or small lot development. • A site may be presumed to be realistic for development to accommodate lower income housing need if, at the time of the adoption of the housing element, a development affordable to lower income households has been proposed and approved for development on the site.

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The housing element must also describe existing and proposed policies or incentives the jurisdiction will offer to facilitate development of small sites. Examples of program incentives for lot consolidation include deferring fees specifically for consolidation, expediting permit processing, providing flexible development standards such as setback requirements, reduced parking or increased heights, committing resources for development of affordable housing on small sites, or increasing allowable density, lot coverage or floor area ratio.

Step 3B: Sites larger than 10 acres
Parcels larger than 10 acres are considered inadequate to accommodate housing affordable to lower income households, unless the housing element demonstrates development of housing affordable to lower income households on such sites was successful during the prior planning period, or there is other evidence that the site is realistic and feasible for lower income housing.

Definition of a Large Site
For purposes of this requirement, “site” means that portion of the parcel designated to accommodate lower income housing needs. For example, a parcel greater than 10 acres in size could have to be split zoned, have an overlay zone with identified boundaries, or be identified in a specific plan that provides for subdivision of the parcel. If the specified boundaries of the site identified to accommodate the RHNA for lower income is less than 10 acres in size, then the large site analysis would not be required. However, the analysis must describe how the development will work on the site, including opportunities and timing for specific-plan development, further subdivision, or other methods to facilitate the development of housing affordable to lower income households on the identified site within the planning period. End definition
To demonstrate the feasibility of development on this type of site, the analysis must include at least one of the following:
• An analysis demonstrating that sites of equivalent size were successfully developed during the prior planning period with an equivalent number of lower income housing units as projected for the site.
• Evidence that the site is adequate to accommodate lower income housing. Evidence may include developer interest, proposed specific-plan development, potential for subdivision, the jurisdiction’s role or track record in facilitating lot splits, or other information that can demonstrate to HCD the feasibility of the site for development. The housing element should include programs promoting, incentivizing, and supporting lot splits and/or large lot development.
• A site may be presumed to be realistic for development to accommodate lower income housing need if, at the time of the adoption of the housing element, a development affordable to lower income households has been proposed and approved for development on the site.

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Specific Plans, Master Plan, and other Subdivisions
To utilize residential capacity in Specific Plan areas, areas under a Master Plan, or a similar multi-phased development plan, the housing element must identify specific sites by parcel number and demonstrate that the sites are available and suitable for development within the planning period. The analysis should include the following information:
• Identify the date of approval of the plans and expiration date. • Identify approved or pending projects within these plans that are anticipated in the planning period, including anticipated affordability based on the actual or projected sale prices, rent levels, or other mechanisms establishing affordability in the planning period of the units within the project.
• Describe necessary approvals or steps for entitlements for new development (e.g., design review, site plan review, etc.).
• Describe any development agreements, and conditions or requirements such as phasing or timing requirements, that impact development in the planning period. End information on planned development.

The housing element must also describe existing and proposed policies or incentives the jurisdiction will offer to facilitate development of large sites. Examples of facilitation include expedited or automatic approval of lot splits or creation of new parcels, waivers of fees associated with subdivision, or expedited processing or financial assistance with the development of infrastructure required to develop the site.

NEXT STEP:
• Move to Part C: Capacity Analysis
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PART C: CAPACITY ANALYSIS
Government Code Section 65583.2(c) requires, as part of the analysis of available sites, a local government to calculate the projected residential development capacity of the sites identified in the housing element that can be realistically be achieved. The housing element must describe the methodology used to make this calculation. Jurisdictions have two options to make this calculation.
• Utilize minimum densities (Step 1)
• Utilize adjustment factors (Step 2)
Step1: Utilizing minimum densities to calculate realistic capacity of sites Government Code section 65583.2(c)(1)
If the jurisdiction has adopted a law, policy, procedure, or other regulation that requires the development of a site to contain at least a certain minimum residential density, the jurisdiction can utilize that minimum density to determine the capacity of a site. For purposes of this analysis, the use of either gross or net acreage is acceptable but should be consistent with the standard the jurisdiction typically uses for determining allowable units for a residential development project. For example:

Site Description Value
Size of site (Gross acreage) 3 acres
Zoning Residential Multifamily
Allowable density 20 (required minimum) – 30 dwelling units per acre
Realistic capacity utilizing minimum 3 X 20 = 60 units
Please note, to meet this standard on a zone that allows for multiple uses, the general plan or zoning must require the specified minimum number of residential units on the identified sites regardless of overlay zones, zoning allowing nonresidential uses, or other factors potentially impacting the minimum density. Otherwise, the capacity of the site must be calculated using the factors outlined in Step 2.

Step 2: Utilizing factors to calculate realistic capacity of sites Government Code section 65583.2(c)(2)
The housing element must describe the methodology used to determine the number of units calculated based on the following factors:
• Land use controls and site improvements requirements, • *NEW* The realistic development capacity for the site, • *NEW* Typical densities of existing or approved residential developments at a similar affordability level in that jurisdiction,
• *NEW* The current or planned availability and accessibility of sufficient water, sewer, and dry utilities.

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Applicable land-use controls and site improvement requirements The analysis must consider the imposition of any development standards that impact the residential development capacity of the sites identified in the inventory. When establishing realistic unit capacity calculations, the jurisdiction must consider the cumulative impact of standards such as maximum lot coverage, height, open space, parking, on-site improvements such as sidewalks or easements, and floor area ratios. The analysis should consider any development standards or the cumulative effect of development standards that would limit the achievable density on a site. For example, if a mixed-use zone requires commercial on the ground floor and has a height limit of three stories along with lot coverage and other development standards, the density that can actually be achieved on that site might be less than the maximum allowable density.

The capacity of a site should also be adjusted for areas that cannot be developed due to environmental factors such as hazards, wetlands, or topography that cannot be mitigated.

The capacity of sites subject to specific plans, overlays or other modifications of the base zoning should be adjusted to reflect those factors. For purposes of this analysis, it is recommended that the jurisdiction start with the gross acreage and adjust the buildable acreage accordingly to reach net buildable acreage.

Form Based Codes
To estimate capacity for sites in jurisdictions that have adopted form-based codes, the element should describe the relationship between general plan land-use designation and the form-based code and density assumptions used to determine capacity. Specifically, describe where residential development is allowed, how density requirements found within the general plan are incorporated, how the zoning designations under the form-based code relate to the land-use designations of the general plan, identify potential densities, and consider development standards such as bulk, height, and build-to requirements, buildings types, and use requirements. The element could include examples of recently built projects and densities to support the analysis. End Form Base Codes Realistic development capacity for nonresidential, nonvacant, or overlay zoned sites The capacity calculation must be adjusted to reflect the realistic potential for residential development capacity on the sites in the inventory. Specifically, when the site has the potential to be developed with nonresidential uses, requires redevelopment, or has an overlay zone allowing the underlying zoning to be utilized for residential units, these capacity limits must be reflected in the housing element. Factors used to make this adjustment may include the following:
• Performance standards mandating a specified portion of residential development in mixed use or nonresidential zones (e.g., residential allowed only above first floor commercial).
• The likelihood for residential development such as incentives for residential use, market demand, efforts to attract and assist developers, or allowance of 100 percent residential development.
• Local or regional residential development trends in the same nonresidential zoning districts.
• Local or regional track records, past production trends, or net unit increases/yields for redeveloping sites or site intensification. This estimate may be based on the rate at which similar parcels were developed during the previous planning period, with ITEM 3- ATTACHMENT 3
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adjustments as appropriate to reflect new market conditions or changes in the regulatory environment. If no information about the rate of development of similar parcels is available, report the proportion of parcels in the previous housing element’s site inventory that were developed during the previous planning period. For example, if past production trends indicate that two out of three similar sites were developed for residential use, and one out of three similar sites was developed for commercial use, an initial estimate of the proportion of new development which is expected to be residential would be two-thirds, i.e., 0.67.
• Local or regional track records, trends, or build out yields for redeveloping sites or site intensification.

In addition, the housing element should include monitoring programs with next-step actions to ensure sites are achieving the anticipated development patterns. The programs should identify modifications to incentives, sites, programs, or rezoning the jurisdiction will take should these strategies not yield the expected housing potential.

Typical densities of existing or approved residential developments at a similar affordability level in that jurisdiction
While using typically built densities to determine realistic capacity has long been an option to be used as an adjustment factor, the statute now requires this factor to be adjusted based on approved project by affordability level. For example, if a site is identified to accommodate the lower income RHNA, it should use project densities for housing affordable to lower income households developed either locally or regionally to determine typical densities6. Using this adjustment factor may result in utilizing different capacity methodologies for above moderate-, moderate-, and lower income sites.

Current or planned availability and accessibility of sufficient water, sewer, and dry utilities The capacity methodology must be adjusted to account for any limitation as a result of availability and accessibility of sufficient water, sewer, and dry utilities (i.e., if the capacity of the site could be limited because a development would have to use a septic system, if there are any septic tank requirements or restrictions that constrain capacity, or limitations on water hook-ups). See Part A, Step 3 for more information on infrastructure requirements.

Example Capacity Calculation
Here is an example of the actual capacity calculation for a particular site in the inventory.

The methodology analysis must describe how each of these adjustments was generated per the analysis requirements above. The factors used below are based on the factors outlined in the statute. The percentages and how the factors are applied will vary depending on the unique circumstance in each jurisdiction. 6 In using this adjustment factor, because of the use of density bonus, it may be possible that trends demonstrate typical densities higher than the maximum allowable densities, especially for housing affordable to lower income households. On a case-by-case basis, it may be appropriate to utilize increased densities due to density bonuses when determining the adjustment factor in the capacity methodology.

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Site Description
Size of site 2.5 acres
Zoning Residential Mixed-Use
Allowable density 20 – 45 dwelling units per acre
RHNA affordability Lower income
Existing Use Nonvacant, single storefront
Infrastructure availability Yes, no constraints
Environmental constraints None known
Capacity Factors Adjustment Reasoning
Land Use Controls and
Site Improvements
95% For net acreage due to on-site
improvements including sidewalks,
utility easement
Realistic capacity of the
site
55% 55% adjustment based on past
development trends for residential
redevelopment in the residential
mixed-use zones, and programs to
incentivize development in this zone.

Typical densities 95% Affordable housing projects are built out to almost maximum density
Infrastructure availability No adjustment Not applicable, no constraint Environmental constraints No adjustment No known site constraint Realistic capacity utilizing factors = (2.5 X 45)( .95)(.55)(.95) = 56 units Realistic Capacity = 56 Units
No Net Loss Law
In estimating realistic capacity on sites in the sites inventory, jurisdictions may want to consider No Net Loss Law. This law was amended by Chapter 367, Statutes of 2017 (Senate Bill 166), which requires sufficient adequate sites to be available at all times throughout the RHNA planning period to meet a jurisdiction’s remaining unmet housing needs for each income category. To comply with the No Net Loss Law, as jurisdictions make decisions regarding zoning and land use, or development occurs, jurisdictions must assess their ability to accommodate new housing in each income category on the remaining sites in their housing element site inventories. A jurisdiction must add additional sites to its inventory if land use decisions or development results in a shortfall of sufficient sites to accommodate its remaining housing need for each income category. In particular, a jurisdiction may be required to identify additional sites according to the No Net Loss Law if a jurisdiction rezones a site or if the jurisdiction approves a project at a different income level than shown in the sites inventory. Lower density means fewer units than the capacity assumed in the site inventory.

To ensure that sufficient capacity exists in the housing element to accommodate the RHNA throughout the planning period, it is recommended the jurisdiction create a buffer in the housing element inventory of at least 15 to 30 percent more capacity than required, especially for capacity to accommodate the lower income RHNA. Jurisdictions can also create a buffer by projecting site capacity at less than the maximum density to allow for some reductions in density at a project level. End no net loss law explanation.

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NEXT STEP:
• If the parcel is nonvacant, including underutilized sites (see definition of vacant site on page 22), move to Part D: Nonvacant Sites Analysis
• If not, move to Part E: Determination of Adequate Sites ITEM 3- ATTACHMENT 3
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PART D: NONVACANT SITES
Local governments with limited vacant land resources or with infill and reuse goals may rely on the potential for new residential development on nonvacant sites, including underutilized sites, to accommodate their RHNA. Examples include:
• Sites with obsolete uses that have the potential for redevelopment, such as a vacant restaurant.
• Nonvacant publicly owned surplus or excess land; portions of blighted areas with abandoned or vacant buildings.
• Existing high opportunity developed areas with mixed-used potential. • Nonvacant substandard or irregular lots that could be consolidated. • Any other suitable underutilized land.

Local governments can meet other important community objectives to preserve open space or agricultural resources, as well as assist in meeting greenhouse gas emission-reduction goals, by adopting policies to maximize existing land resources and by promoting more compact development patterns or reuse of existing buildings.

Definition of a Vacant Site
A vacant site is a site without any houses, offices, buildings, or other significant improvements on it. Improvements are generally defined as development of the land (such as a paved parking lot, or income production improvements such as crops, high voltage power lines, oil-wells, etc.) or structures on a property that are permanent and add significantly to the value of the property.

Examples of Vacant Sites:
• No improvement on the site (other than being a finished lot). • No existing uses, including parking lots.
• Underutilized sites are not vacant sites.
• Sites with blighted improvements are not vacant sites. • Sites with abandoned or unoccupied uses are not vacant sites. End definition If the inventory identifies nonvacant sites to address a portion of the RHNA, the housing element must describe the realistic development potential of each site within the planning period. Specifically, the analysis must consider the extent that the nonvacant site’s existing use impedes additional residential development, the jurisdiction's past experience converting existing uses to higher density residential development, market trends and conditions, and regulatory or other incentives or standards that encourage additional housing development on the nonvacant sites.

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Step 1: Description of the nonvacant site
Government Code Section 65583.2(b)
As stated in Part A, the site inventory must describe the specific existing use on the site, such as a surplus school site, auto shop, restaurant, single family residence, nursery, etc.

Additional details, such as whether the use is discontinued, land to value information, age and condition of the structure, known leases, developer or owner interest, whether the property is currently being marketed, degree of underutilization, etc., are useful for demonstrating the potential for the site to be redeveloped within the planning period (See Step 2).

Step 2: Nonvacant site analysis methodology
Government Code section 65583.2(g)(1)
Provide an explanation of the methodology used to determine the development potential.

This methodology can be done on a site-specific basis by utilizing factors (e.g., common ownership, valuation, age, etc.) in common that demonstrate the potential for residential development within the planning period, or a combination of both approaches. The methodology shall consider factors including:

Existing Uses:

Include an analysis that demonstrates the extent to which existing uses may constitute an impediment to additional residential development. Among other things, this analysis includes considerations for the current market demand for the existing use, *NEW* an analysis of any known existing leases or other contracts that would perpetuate the existing use or prevent redevelopment of the site for additional residential development, and could include other market conditions that would encourage redevelopment of the property. For example, an analysis might describe an identified site as being developed with a 1960’s strip commercial center with few tenants and expiring leases and, therefore, a good candidate for redevelopment, versus a site containing a newly opened retail center, an active Home Depot, the only grocery store in the city, etc. that is unlikely to be available for residential development within the planning period.

Development Trends:

The inventory analysis should describe development and/or redevelopment trends in the community as it relates to nonvacant sites, i.e., the rate at which similar sites have been redeveloped. This could include a description of the local government’s track record and specific role in encouraging and facilitating redevelopment, adaptive reuse, or recycling to residential or more intensive residential uses. If the local government does not have any examples of recent recycling or redevelopment, the housing element should describe current or planned efforts (via new programs) to encourage and facilitate this type of development (e.g., providing incentives to encourage lot consolidation or assemblage to facilitate increased residential-development capacity). The results of the analysis should be reflected in the capacity calculation described in Part C, above.

Market Conditions:

Housing market conditions also play a vital role in determining the feasibility or realistic potential of nonvacant sites for residential development. The nonvacant sites analysis should include an evaluation of the impact of local market conditions on redevelopment or reuse strategies. For example, high land and construction costs, combined with a limited supply of available and developable land, may indicate conditions “ripe” for more intensive, compact and infill development or redevelopment and reuse.

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Availability of Regulatory and/or other Incentives:

The analysis should describe existing or planned financial assistance, incentives or regulatory concessions to encourage residential development on nonvacant sites. Many local governments develop partnerships with prospective developers to assist in making redevelopment/reuse economically feasible. Examples of these incentives include:
• Organizing special marketing events geared towards the development community. • Identifying and targeting specific financial resources. • Allowing streamlined or by right development application processing for infill sites. • Reducing appropriate development standards.

Absent a track record or development trends to demonstrate the feasibility of a recycling or redevelopment strategy, the housing element should describe existing or planned financial assistance or regulatory relief from development standards that will be provided sufficient to encourage and facilitate more intensive residential development on the identified nonvacant sites.

Step 3: *NEW* Reliance on nonvacant sites to accommodate more than 50 percent of the RHNA for lower income households
Government Code Section 65583.2(g)(2)
Determine if more than 50 percent of the lower income RHNA is on nonvacant sites. • Calculate the sum of lower income RHNA capacity on vacant sites and other alternatives not related to capacity on nonvacant sites (e.g., accessory dwelling units, vacant sites to be rezoned (see Part E)).
• Subtract that sum from the total lower income RHNA to get the amount of RHNA needed to be accommodated on nonvacant sites.
• Determine if this number is greater than 50 percent of the RHNA.

Example calculation for a jurisdiction with a lower income RHNA of 500:

Adjustment Factor Number of units
Proposed Lower Income Project 50
Accessory Dwelling Unit Capacity (affordable to lower) 15 Capacity on Vacant Sites 100
Total Capacity (not related to non-vacant sites) 165
RHNA on Nonvacant sites 500 - 165 = 335
Percentage of Lower Income RHNA accommodated
on Nonvacant sites
335/500 = 77%
If Yes: Move to Step 3A
If No: Move to Step 4
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Step 3A:

If a housing element relies on nonvacant sites to accommodate 50 percent or more of its RHNA for lower income households, the nonvacant site’s existing use is presumed to impede additional residential development, unless the housing element describes findings based on substantial evidence that the use will likely be discontinued during the planning period. The housing element must include the following:
• As part of the resolution adopting the housing elements, findings stating the uses on nonvacant sites identified in the inventory to accommodate the RHNA for lower income is likely to be discontinued during the planning period and the factors used to make that determination. This can be included in the body or in the recital section of the resolution.

Example: WHEREAS, based on <name factors here (e.g., expiring leases, dilapidated building conditions, etc.)>, the existing uses on the sites identified in the site inventory to accommodate the lower income RHNA are likely to be discontinued during the planning period, and therefore do not constitute an impediment to additional residential development during the period covered by the housing element. • The housing element should describe the findings and include a description of the substantial evidence they are based on.

In general, substantial evidence includes facts, reasonable assumptions predicated upon facts, and expert opinion supported by facts. An example of substantial evidence would be a nonvacant site with a grocery store and with a building lease expiring in a year, and evidence that the store has entered into a lease to relocate to another site subsequent to the lease expiring.

Examples of substantial evidence that an existing use will likely be discontinued in the current planning period include, but are not limited to:
- The lease for the existing use expires early within the planning period, - The building is dilapidated, and the structure is likely to be removed, or a demolition permit has been issued for the existing uses,
- There is a development agreement that exists to develop the site within the planning period,
- The entity operating the existing use has agreed to move to another location early enough within the planning period to allow residential development within the planning period.
- The property owner provides a letter stating its intention to develop the property with residences during the planning period.

If multiple sites make up a common existing use and the same factors affect each of the sites, the same findings can be used for each of the sites (e.g., an abandoned shopping mall with sites under common ownership that will not be restored to commercial use located in an area where there is recent residential development). The “substantial evidence” would indicate the existing use will not impede further residential development or that the existing use will be discontinued during the planning period. In this type of situation, use of the same findings for each of the multiple sites would be appropriate.

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However, the same finding for multiple sites in a specific area may not be appropriate if their characteristics widely vary. For example, nonvacant sites with differing existing uses and lacking in common ownership, whether contiguous or located in the same general area, may not rely on a generalized analysis. While the sites may be located in an area with common economic issues, individual owners may not wish to sell their property or redevelop their site with residential uses. In addition, each site’s existing use, e.g., grocery store, retail shop, parking lot, and offices, may have lease agreements of different lengths of time or the owner may not wish to relocate or redevelop the site with a more intensive residential use. In this type of situation, use of the same findings for the multiple sites would not be appropriate.

Step 4: *NEW* Program and policy requiring replacement of existing affordable units Government Code Section 65583.2(g)(3)
The housing element must include a program in the housing element and policy independent of the housing element requiring the replacement of units affordable to the same or lower income level as a condition of any development on a nonvacant site consistent with those requirements set forth in Density Bonus Law (Government Code section 65915(c)(3).) Replacement requirements shall be required for sites identified in the inventory that currently have residential uses, or within the past five years have had residential uses that have been vacated or demolished, and:
• 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
• Occupied by low or very low-income households
For the purpose of this program “previous five years” is based on the date the application for development was submitted.

Please note, until 2025, pursuant to Government Code section 66300(d) (Chapter 654, Statutes of 2019 (SB 330)), an affected city or county shall not approve a housing development project that will require the demolition of residential dwelling units regardless of whether the parcel was listed in the inventory unless a) the project will create at least as many residential dwelling units as will be demolished, and b) certain affordability criteria are met. A listing of affected cities and counties can be found at https://www.hcd.ca.gov/community-development/accountability-enforcement/statutorydeterminations.shtml.

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SAMPLE PROGRAM
Program X: Replacement Unit Program
XXXX will adopt a policy and will require replacement housing units subject to the requirements of Government Code section 65915, subdivision (c)(3) on sites identified in the site inventory when any new development (residential, mixed-use or nonresidential) occurs on a site that is identified in the inventory meeting the following conditions:
• currently has residential uses or within the past five years has had residential uses that have been vacated or demolished, and
• was 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
• occupied by low or very low-income households
Funding: General Funds
Responsible Parties: Planning and Community Development Department Objectives: In order to mitigate the loss of affordable housing units, require new housing developments to replace all affordable housing units lost due to new development.

Timeframes: The replacement requirement will be implemented immediately and applied as applications on identified sites are received and processed, and local policy shall be adopted by <DATE>. End of Sample Program
NEXT STEP:
• Move to Part E: Determination of Adequate Sites
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PART E: DETERMINATION OF ADEQUATE SITES
The last step in this process is a determination of whether the housing element demonstrates sufficient land suitable and available for residential development to meet the locality’s housing need for each designated income level or if further program actions are required to accommodate a shortfall.

Step 1: Consider any alternative means of meeting the RHNA Government Code section 65583.1
The housing element may satisfy its RHNA requirement though a variety of methods other than identifying sites. The following is a description of those alternative methods. • Units permitted, built, entitled or pending: (See Part A, Step 1) • Potential for accessory dwelling units (ADU) or junior accessory dwelling units (JADU):

The jurisdiction can count the potential for the development of ADUs within the planning period. The analysis is based on the following factors:
- the number of ADUs or JADUs developed in the prior planning period - community need and demand for these types of housing units - the resources and/or incentives available that will encourage the development of ADUs
- the availability of ADUs and JADUs for occupancy, rather than used as offices or guest houses
- the unit must meet the Census definition of a housing unit, which can be found on the U.S. Census Bureau website, and be reported to the Department of Finance as part of the annual City and County Housing Unit Change Survey - the anticipated affordability of these units. The purpose of this analysis is to determine the appropriate RHNA income category to be accommodated through ADU and JADU development.

Affordability can be determined in a number of ways. As an example, a community could survey existing ADUs and JADUs for their current market rents and consider other factors such as square footage, number of bedrooms, amenities, age of the structure and general location, including proximity to public transportation. Another method could examine current market rents for reasonably comparable rental properties to determine an average price per square foot in the community. This price can be applied to anticipated sizes of these units to estimate the anticipated affordability of ADUs and JADUs. Available regional studies and methodology on ADU affordability can also be a resource to determine the likely affordability mix for ADUs and JADUs.
- other relevant factors as determined by HCD.

In addition, the housing element must describe and analyze any currently adopted ordinance and other factors that could affect ADU and JADU development within the planning period. At a minimum, the housing element should analyze whether the ordinance conforms with state ADU and JADU requirements and any additional development standards (i.e., setbacks, maximum unit sizes, lot coverage, etc.) adopted by the local government, zones allowing ADUs, fees and exactions, and any other potential constraints impacting the development of ADUs and JADUs.

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Impact of New Accessory Dwelling Unit Laws
Since 2017, the Legislature has passed a series of new laws that significantly increase the potential for development of new ADUs and JADUs by removing development barriers, allowing ADUs through ministerial permits, and requiring jurisdictions to include programs in their housing element that incentivize their development. As a result, using trend analysis when estimating the potential for development may not accurately reflect the increased potential for these units. To account for this increased potential, HCD recommends the following options when performing this analysis:
• Use the trends in ADU construction since January 2018 to estimate new production.

This is a conservative option to only account for the effect of the new laws without local promotional efforts or incentives (safe harbor option). • Where no other data is available, assume an average increase of five times the previous planning period construction trends prior to 2018. This option is a conservative estimate based upon statewide data on ADU development since the implementation of the new laws (safe harbor option).
• Use trends from regional production of ADUs.
• Include programs that aggressively promote and incentivize ADU and JADU construction.
• Other analysis (reviewed on a case-by-case basis).

Potential affordability of these units must still be calculated per the analysis outlined on the previous page. In addition to the above options, the element should also include a monitoring program that a) tracks ADU and JADU creation and affordability levels, and b) commits to a review at the planning cycle mid-point to evaluate if production estimates are being achieved. Depending on the finding of that review, amendments to the housing element may be necessary, including rezoning pursuant to Government Code 65583.2 (h)and (i). End ADU explanation
• Alternative Adequate sites: Under limited circumstances, a local government may credit up to 25 percent of their adequate sites requirement per income category through existing units that will be:
- substantially rehabilitated
- in a multifamily rental or ownership housing complex of three or more units that are converted from non affordable to affordable rental
- preserved at levels affordable to low- or very low-income households, where the local government has provided those units with committed assistance For more information on this option, please refer to HCD’s Building Blocks Webpage • Manufactured housing, manufactured housing park hook-ups, floating homes/live aboard berths: In certain circumstances a jurisdiction can utilize the potential for new manufactured housing either in a manufactured housing park or on large properties in rural areas, or new floating home/liveaboard berths with sewer and water hook ups. In cases of a manufactured home park or in floating home/liveaboard berth marinas, the jurisdiction may count new spaces with infrastructure hook-ups intended for permanent residential occupancy and reported to the Department of Finance. Potential for manufactured homes in rural areas should be analyzed using the same factors as those ITEM 3- ATTACHMENT 3
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for potential ADUs, including establishing the market rate affordability of the units and crediting them to the appropriate RHNA category. In addition, the analysis should indicate if appropriate water and sewer infrastructure is available to support the development.
• Former military housing: Sites that contain permanent housing units located on a military base undergoing closure or conversion as a result of action pursuant to the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526), the Defense Base Closure and Realignment Act of 1990 (Public Law 101-510), or any subsequent act requiring the closure or conversion of a military base may be identified as an adequate site if the housing element demonstrates that the housing units will be available for occupancy by households within the planning period of the housing element. No sites containing housing units scheduled or planned for demolition or conversion to nonresidential uses shall qualify as an adequate site. • In consultation with HCD, other alternatives may be considered, such as motel conversions, adaptive reuse of existing buildings, or legalization of units not previously reported to the Department of Finance.

Step 2: Determine whether there is sufficient capacity to accommodate the RHNA for the jurisdiction by income.

Government Code Section 65583(a)(3)
The following table is an example of that calculation:

Adjustment Factor Very Low Low Moderate Above
Moderate
RHNA 300 200 165 465
Entitled, Permitted, or Constructed
Project Projects
50 50 0 200
Accessory Dwelling Unit Potential 10 15 15 10
Adequate Sites Alternative
Preservation
20 16
Multifamily Residential
R-3 (Vacant)
75 50
Mixed Use MU (Nonvacant) 75 50 50
Multifamily Residential (Vacant) R-2 75
Single-Family (Vacant) R-1 200
Spring Valley Specific Plan 150 250
Total 230 181 290 660
Shortfall/Surplus -70 -19 +125 +195
While the jurisdiction has sufficient sites to accommodate its RHNA for moderate- and above moderate-income units, it has a shortfall of 89 units to accommodate its lower income need. The jurisdiction would be required to include a program in the housing element to accommodate that shortfall.

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If Yes: Congratulations, the site inventory analysis is complete If No: Move to Step 3
Step 3: Adequate Sites Program
Government Code section 65583(f) and Government Code section 65583.2(h) Where the inventory of sites does not identify adequate sites to accommodate the RHNA for lower income households, a program must be included to identify sites that can be developed for housing within the planning period. The housing element should include an inventory of potential sites for rezoning. Those sites must meet the adequate sites requirements in terms of the suitability and availability outlined above.

General Program Requirements
A jurisdiction’s adequate sites program must accommodate 100 percent of the shortfall of sites necessary to accommodate the remaining housing need for housing for very low- and low-income households during the planning period and include the following components:
• 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 conditional use permit, planned unit development permit, or other discretionary review or approval. • Permit the development of at least 16 units per site. • Ensure sites within suburban and metropolitan jurisdictions — as defined by Government Code Section 65583.2(c)(3)(B)(iii) and (iv) — permit a minimum of 16 dwelling units per acre for incorporated cities within nonmetropolitan/rural counties and nonmetropolitan counties with micropolitan areas or 20 dwelling units per acre for suburban and metropolitan jurisdictions.
• Ensure a) at least 50 percent of the shortfall of low- and very low-income regional housing need can be accommodated on sites designated for exclusively residential uses, or b) if accommodating more than 50 percent of the low- and very low-income regional housing need on sites designated for mixed-uses, all sites designated for mixed-uses must allow 100 percent residential use and require residential use to occupy at least 50 percent of the floor area in a mixed-use project.

Timing
Rezones due to a shortfall from the current planning period:

A locality’s ability to accommodate needed housing during the planning period requires designating appropriate zoning as early as possible. Generally, however, a rezoning should occur no later than three years and 120 days from the beginning of the planning period. A one-year extension to the deadline to complete required rezoning may be allowed if a local government has completed rezoning at sufficient densities to accommodate at least 75 percent of the units for very-low and low-income households. Also, the jurisdiction must determine after a public meeting that substantial evidence supports findings and adoption of a resolution that the rezone deadline was not met due to one of the following reasons:
• Action or inaction beyond the control of the local government of any other state, federal, or local agency.
• Infrastructure deficiencies due to fiscal or regulatory constraints.

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• The local government must undertake a major revision to its general plan in order to accommodate the housing-related policies of a sustainable communities strategy or an alternative planning strategy adopted pursuant to Section 65080.

The jurisdiction must provide HCD a copy of the resolution and findings along with: - a detailed budget and schedule for preparation and adoption of required rezoning within one year of the adoption of the resolution, - plans for citizen participation, and - expected interim actions to complete the rezoning, and any revisions to the general plan (Government Code section 65583(f).

Consequences for Failing to Complete Rezoning Deadline:

If a local government fails to complete all rezoning’s by the prescribed deadline, a local government may not disapprove a housing development project7, nor require a conditional use permit, planned unit development permit, or other locally imposed discretionary permit, or impose a condition that would render the project infeasible, if the housing development project:
• Is proposed to be located on a site included in a housing element program to be rezoned.
• Complies with applicable objective general plan and zoning standards and criteria, including design review standards, described in the rezone program action.

However, any subdivision of the site is subject to the Subdivision Map Act.

A jurisdiction may disapprove a housing development or approve it upon the condition that the project be developed at a lower density only if it makes written findings supported by substantial evidence on the record that both of the following conditions exist:
• The housing development project would have a specific, adverse impact upon the public health or safety8.
• There is no feasible method to satisfactorily mitigate or avoid the adverse impact.

The local government may also be subject to enforcement actions by HCD, including a determination that the housing element no longer complies with the requirements of state law and referral to the Attorney General pursuant to Government Code section 65585(i) and (j).
7 “Housing development project” is defined a project to construct residential units for which the project developer provides sufficient legal commitments to the appropriate legal agency to ensure the continued availability and use of at least 49 percent of the housing units for very-low, low-, and moderate-income households with an affordable housing cost or affordable rent. 8 “Specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.

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Housing Accountability Act and the Housing Element
The Housing Accountability Act (Government Code section 65589.5) establishes state overarching policy that a local government not deny, reduce the density of, or make infeasible housing development projects, emergency shelters, or farmworker housing that are consistent with objective local development standards and contribute to meeting housing need. Jurisdictions without a housing element in compliance with State Housing Element Law or without a complete site inventory are further limited in the ability to deny a housing development application.

Among other requirements (including those related to housing development regardless of affordability levels), the Housing Accountability Act states that a local agency shall not disapprove or condition approval in a manner that renders the housing development project infeasible, including through the use of design review standards, for development of an emergency shelter or a housing development project for very low, low-, or moderateincome households unless it makes written findings, based upon a preponderance of the evidence in the record, as to one of the following:
• The jurisdiction has adopted a housing element in substantial compliance with Housing Element Law and the jurisdiction has met or exceeded its share of the RHNA for the planning period for the income category proposed for the housing development project. • The project would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households or rendering the development of the emergency shelter financially infeasible.
• The denial of the project or imposition of conditions is required in order to comply with specific state or federal law, and there is no feasible method to comply without rendering the development unaffordable or rendering the development of the emergency shelter financially infeasible.
• The project is proposed on land zoned for agriculture or resource preservation, or which does not have adequate water or wastewater facilities to serve the project. • The project is inconsistent with both the jurisdiction’s zoning ordinance and general plan land use designation, unless the housing development project is proposed on a site that is identified as suitable or available for very low, low-, or moderate-income households in the jurisdiction’s housing element, or if the local agency has failed to identify in the inventory of land in its housing element sites that can be developed for housing within the planning period and are sufficient to provide for the jurisdiction’s share of the regional housing need for all income levels pursuant to Section 65584. “Housing for very low, low-, or moderate-income households” means where at least 20 percent of the total units are or will be sold or rented to lower income households or 100 percent of the units will be sold or rented to persons and families of moderate income, or persons and families of middle income. End Housing Accountability Act explanation.

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Rezoned due to an unaccommodated need from previous planning period9:

Pursuant to Government Code section 65584.09, if the jurisdiction failed to make adequate sites available to accommodate the regional housing need in the prior planning period, the jurisdiction must zone or rezone sites to accommodate any unaccommodated need within the first year of the planning period. If more than one year has lapsed since the beginning of the planning period, the housing element cannot be found in compliance with Housing Element Law until the required zoning or rezoning is complete and the housing element is amended to reflect the necessary rezoning.

Annexation
If the jurisdiction must rely on annexation to accommodate its RHNA, the housing element must include a program committing to completing the annexation within three years of the planning period. In addition, the housing element must also include an evaluation of the suitability of the annexed sites, including the following information:
• Consistency with Local Agency Formation Commission (LAFCO) policies • Actions to pre-zone prior to annexation
• Descriptions of the zone, density, development standards and design requirements • The anticipated housing capacity allowed by each site • Timeline to complete annexation which is early enough in the planning period to facilitate development of annexed sites (e.g., within the first three years of the planning period)
• Analysis of the suitability and availability of sites, including identification of any sites currently under Williamson Act contracts
• Demonstrated compliance with the requirements of the adequate sites program requirements of Government Code section 65583.2, subdivisions (h) and (i) Please note, if the potential for annexation was not included in the RHNA allocation methodology, a portion of the county’s allocation may be transferred to the city pursuant to Government Code section 65584.07(d). This transfer of RHNA would require an amendment to the housing element to ensure that any additional RHNA can be accommodated on sites within the inventory. End annexation explanation. 9 Sometimes called the AB 1233 consequence.

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Sample Rezone Program:

To accommodate the remaining lower-income RHNA of 89 units, the City of X will identify and rezone a minimum of 4.5 acres of vacant land to the R3 zoning district, allowing exclusively residential uses and a minimum of 20 units per acre to a maximum of 30 units per acre by June 30, 2024. Rezoned sites will permit owner-occupied and rental multifamily uses by right pursuant to Government Code section 65583.2(i) for developments in which 20 percent or more of the units are affordable to lower income households and will be selected from sites 20 through 30 in the parcel listing (Appendix A). As reflected in Appendix A, each site has the capacity to accommodate at least 16 units and will be available for development in the planning period where water, sewer, and dry utilities can be provided.

Objective: Create opportunity for at least 89 units of multifamily housing for lower income households
Responsible Agency: Community Development Department
Timeline: Sites rezoned by June 30, 2024
Funding Source(s): General fund
Other program ideas for increasing capacity or facilitating development on identified sites:
• Up-zone existing neighborhoods in areas of opportunity or in high quality neighborhood transit areas at appropriate densities to facilitate development of housing. • Increase maximum allowable residential densities in existing residential, commercial, and mixed-use zones and modify development standards, such as height limitations to ensure maximum density can be achieved.
• Establish minimum densities — Designate minimum densities of development to ensure that existing available land is not underutilized.
• Allow and encourage mixed-use zoning — Permit housing in certain nonresidential zones either as part of a mixed-use project or as a standalone residential use. • Rezone underutilized land from nonresidential to residential to expand the supply of available residential land.
• Institute flexible zoning — Allow various residential uses within existing nonresidential zones without requiring rezoning or conditional approvals. • Redevelop and/or recycle underutilized existing land to more intensive uses. • Convert obsolete, older public/institutional/commercial/industrial buildings to residential use through adaptive reuse and/or historic preservation. • Over-zone — Create a surplus of land for residential development during the current planning period of at least 20 percent more than the locality’s share of the regional housing need. Over-zoning compensates for urban land left vacant due to ownership and development constraints and creates a real surplus. A sufficient supply of land beyond the time frame of the housing element helps prevent land shortages from bidding up land costs.
• Allow and promote small and irregular-size lot development.

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• Consolidate lots — Facilitate combining small residential lots into larger lots to accommodate higher-density development.
• Increase height limitations — At a minimum, allow three stories in multifamily zones. • Increase Floor Area Ratios — Allow for larger buildings on smaller lots and/or more units per lot by reducing the floor area ratio (total lot area divided by the total building area).
• Identify publicly owned land suitable for affordable housing development and sell parcels for $1 (with consideration of the Surplus Land Act as amended by AB 1486, Statutes of 2019).
• Facilitate development by encouraging staff outreach to owners of potential sites and affordable housing developers to discuss needs and constraints in the jurisdiction. • Adopt incentives such as a super density bonus or by right approval for housing that meets community objectives, such as housing near transit, affordability, housing that meets the needs of special populations, etc.
• Adopt a specific plan that streamlines CEQA compliance.

Common Program Questions and Answers for Shortfall Zoning:

Q: How do I establish the density range for a rezone site? A: The density range is set at the minimum density (either 16 or 20 dwelling units per acre, depending on the jurisdiction). While there is no specific maximum density requirement, the range must include the density that was identified as appropriate to accommodate housing affordable to lower-income households (Part B, Step 2).

However, jurisdictions should not set the minimum and maximum density range at the same density (e.g., 20 units per acre minimum as both a minimum and maximum density).

If identifying a narrow density range, the housing element must analyze the range as a potential governmental constraint on housing development, including potential impacts resulting from site constraints, financial considerations, and other development factors.

Q: If a development is proposed with less than 20 percent affordability to lower income, can the jurisdiction approve it?
A: Yes, however, the project would not qualify for the by right provisions of this law unless the underlining zone already permitted housing by right. This, and all housing development projects, is subject to the Housing Accountability Act. In addition, the jurisdiction may be subject to No Net Loss Law provisions.

Q: How is the 20 percent calculated when State Density Bonus Law is added? A: This 20 percent calculation is based upon the total number of units in the development including additional units provided by a density bonus. This calculation methodology is consistent with several other pieces of housing laws, including the Streamlined Ministerial Approval Process (Government Code section 65913.4) and the Housing Accountability Act.

End Questions and Answers
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ATTACHMENT 1: SUMMARY OF NEW LAWS REFERENCED IN THE

GUIDEBOOK
AB 1397, Low (Chapter 375, Statutes of 2017): The law made a number of revisions to the site inventory analysis requirements of Housing Element Law. In particular, it requires stronger justification when nonvacant sites are used to meet housing needs, particularly for lower income housing, requires by right housing when sites are included in more than one housing element, and adds conditions around size of sites, among others.

AB 686, Santiago (Chapter 958, Statutes of 2018): The law ensures that public entities, including local governments, administer their programs relating to housing and urban development in a manner affirmatively to further the purposes of the federal Fair Housing Act and do not take any action that is materially inconsistent with its obligation to affirmatively further fair housing. It also requires that housing elements of each city and county promote and affirmatively further fair housing opportunities throughout the community 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, Government Code Section 65008, and any other state and federal fair housing and planning law. AB 686 requires jurisdictions to conduct an assessment of fair housing in the housing element, prepare the housing element site inventory through the lens of affirmatively furthering fair housing, and include program(s) to affirmatively further fair housing.

SB 6, Beall (Chapter 667, Statutes of 2019): Jurisdictions are required to prepare the site inventory on forms developed by HCD and send an electronic version with their adopted housing element to HCD. HCD will then send those inventories to the Department of General Services by December 31 each year. The law (?) authorizes HCD to review, adopt, amend, and repeal the standards, forms, or definitions to implement this subdivision and subdivision (a) of Section 65583.

AB 1486, Ting (Chapter 644, Statutes of 2019): The law expanded the definition of surplus land and added additional requirements on the disposal of surplus land. In addition, local agencies must send notices of availability to interested entities on a list maintained by HCD. This list and notices of availability are maintained on HCD's website. Local agencies must also send a description of the notice and subsequent negotiations for the sale of the land, which HCD must review, and within 30 days submit written finding of violations of law.

Violations of the Surplus Land Act can be referred to the Attorney General. Finally, it adds a requirement in Housing Element Law for the jurisdiction to identify which of the sites included in the inventory are surplus property.

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ATTACHMENT 2: GOVERNMENT CODE SECTION 65583.2
As of January 1, 2020
(a) A city’s or county’s inventory of land suitable for residential development pursuant to paragraph (3) of subdivision (a) of Section 65583 shall be used to identify sites throughout the community, consistent with paragraph (9) of subdivision (c) of Section 65583, that can be developed for housing within the planning period and that are sufficient to provide for the jurisdiction’s share of the regional housing need for all income levels pursuant to Section 65584. As used in this section, “land suitable for residential development” includes all of the sites that meet the following standards set forth in subdivisions (c) and (g):
(1) Vacant sites zoned for residential use.
(2) Vacant sites zoned for nonresidential use that allows residential development. (3) Residentially zoned sites that are capable of being developed at a higher density, including sites owned or leased by a city, county, or city and county. (4) Sites zoned for nonresidential use that can be redeveloped for residential use, and for which the housing element includes a program to rezone the site, as necessary, rezoned for, to permit residential use, including sites owned or leased by a city, county, or city and county.
(b) The inventory of land shall include all of the following:
(1) A listing of properties by assessor parcel number.
(2) The size of each property listed pursuant to paragraph (1), and the general plan designation and zoning of each property.
(3) For nonvacant sites, a description of the existing use of each property. If a site subject to this paragraph is owned by the city or county, the description shall also include whether there are any plans to dispose of the property during the planning period and how the city or county will comply with Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5.
(4) A general description of any environmental constraints to the development of housing within the jurisdiction, the documentation for which has been made available to the jurisdiction. This information need not be identified on a site-specific basis. (5) (A) A description of existing or planned water, sewer, and other dry utilities supply, including the availability and access to distribution facilities. (B) Parcels included in the inventory must have sufficient water, sewer, and dry utilities supply available and accessible to support housing development or be included in an existing general plan program or other mandatory program or plan, including a program or plan of a public or private entity providing water or sewer service, to secure sufficient water, sewer, and dry utilities supply to support housing development. This paragraph does not impose any additional duty on the city or county to construct, finance, or otherwise provide water, sewer, or dry utilities to parcels included in the inventory. (6) Sites identified as available for housing for above moderate-income households in areas not served by public sewer systems. This information need not be identified on a sitespecific basis. (7) A map that shows the location of the sites included in the inventory, such as the land use map from the jurisdiction’s general plan, for reference purposes only.

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(c) Based on the information provided in subdivision (b), a city or county shall determine whether each site in the inventory can accommodate the development of some portion of its share of the regional housing need by income level during the planning period, as determined pursuant to Section 65584. The inventory shall specify for each site the number of units that can realistically be accommodated on that site and whether the site is adequate to accommodate lower income housing, moderate-income housing, or above moderate-income housing. A nonvacant site identified pursuant to paragraph (3) or (4) of subdivision (a) in a prior housing element and a vacant site that has been included in two or more consecutive planning periods that was not approved to develop a portion of the locality’s housing need shall not be deemed adequate to accommodate a portion of the housing need for lower income households that must be accommodated in the current housing element planning period unless the site is zoned at residential densities consistent with paragraph (3) of this subdivision and the site is subject to a program in the housing element requiring rezoning within three years of the beginning of the planning period to allow residential use by right for housing developments in which at least 20 percent of the units are affordable to lower income households. An unincorporated area in a nonmetropolitan county pursuant to clause (ii) of subparagraph (B) of paragraph (3) shall not be subject to the requirements of this subdivision to allow residential use by right. The analysis shall determine whether the inventory can provide for a variety of types of housing, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing. The city or county shall determine the number of housing units that can be accommodated on each site as follows:
(1) If local law or regulations require the development of a site at a minimum density, the department shall accept the planning agency’s calculation of the total housing unit capacity on that site based on the established minimum density. If the city or county does not adopt a law or regulation requiring the development of a site at a minimum density, then it shall demonstrate how the number of units determined for that site pursuant to this subdivision will be accommodated.
(2) The number of units calculated pursuant to paragraph (1) shall be adjusted as necessary, based on the land use controls and site improvements requirement identified in paragraph (5) of subdivision (a) of Section 65583, the realistic development capacity for the site, typical densities of existing or approved residential developments at a similar affordability level in that jurisdiction, and on the current or planned availability and accessibility of sufficient water, sewer, and dry utilities. (A) A site smaller than half an acre shall not be deemed adequate to accommodate lower income housing need unless the locality can demonstrate that sites of equivalent size were successfully developed during the prior planning period for an equivalent number of lower income housing units as projected for the site or unless the locality provides other evidence to the department that the site is adequate to accommodate lower income housing. (B) A site larger than 10 acres shall not be deemed adequate to accommodate lower income housing need unless the locality can demonstrate that sites of equivalent size were successfully developed during the prior planning period for an equivalent number of lower income housing units as projected for the site or unless the locality provides other evidence to the department that the site can be developed as lower income housing. For purposes of this subparagraph, “site” means that portion of a parcel or parcels designated to accommodate lower income housing needs pursuant to this subdivision.

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(C) A site may be presumed to be realistic for development to accommodate lower income housing need if, at the time of the adoption of the housing element, a development affordable to lower income households has been proposed and approved for development on the site.
(3) For the number of units calculated to accommodate its share of the regional housing need for lower income households pursuant to paragraph (2), a city or county shall do either of the following:
(A) Provide an analysis demonstrating how the adopted densities accommodate this need.

The analysis shall include, but is not limited to, factors such as market demand, financial feasibility, or information based on development project experience within a zone or zones that provide housing for lower income households.
(B) The following densities shall be deemed appropriate to accommodate housing for lower income households:
(i) For an incorporated city within a nonmetropolitan county and for a nonmetropolitan county that has a micropolitan area: sites allowing at least 15 units per acre. (ii) For an unincorporated area in a nonmetropolitan county not included in clause (i): sites allowing at least 10 units per acre.
(iii) For a suburban jurisdiction: sites allowing at least 20 units per acre. (iv) For a jurisdiction in a metropolitan county: sites allowing at least 30 units per acre. (d) For purposes of this section, a metropolitan county, nonmetropolitan county, and nonmetropolitan county with a micropolitan area shall be as determined by the United States Census Bureau. A nonmetropolitan county with a micropolitan area includes the following counties: Del Norte, Humboldt, Lake, Mendocino, Nevada, Tehama, and Tuolumne and other counties as may be determined by the United States Census Bureau to be nonmetropolitan counties with micropolitan areas in the future. (e) (1) Except as provided in paragraph (2), a jurisdiction shall be considered suburban if the jurisdiction does not meet the requirements of clauses (i) and (ii) of subparagraph (B) of paragraph (3) of subdivision (c) and is located in a Metropolitan Statistical Area (MSA) of less than 2,000,000 in population, unless that jurisdiction’s population is greater than 100,000, in which case it shall be considered metropolitan. A county, not including the City and County of San Francisco, shall be considered suburban unless the county is in an MSA of 2,000,000 or greater in population in which case the county shall be considered metropolitan.
(2) (A) (i) Notwithstanding paragraph (1), if a county that is in the San Francisco-OaklandFremont California MSA has a population of less than 400,000, that county shall be considered suburban. If this county includes an incorporated city that has a population of less than 100,000, this city shall also be considered suburban. This paragraph shall apply to a housing element revision cycle, as described in subparagraph (A) of paragraph (3) of subdivision (e) of Section 65588, that is in effect from July 1, 2014, to December 31, 2028, inclusive.
(ii) A county subject to this subparagraph shall utilize the sum existing in the county’s housing trust fund as of June 30, 2013, for the development and preservation of housing affordable to low- and very low-income households.
(B) A jurisdiction that is classified as suburban pursuant to this paragraph shall report to the Assembly Committee on Housing and Community Development, the Senate Committee on ITEM 3- ATTACHMENT 3
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Housing, and the Department of Housing and Community Development regarding its progress in developing low- and very low income housing consistent with the requirements of Section 65400. The report shall be provided three times: once, on or before December 31, 2019, which report shall address the initial four years of the housing element cycle, a second time, on or before December 31, 2023, which report shall address the subsequent four years of the housing element cycle, and a third time, on or before December 31, 2027, which report shall address the subsequent four years of the housing element cycle and the cycle as a whole. The reports shall be provided consistent with the requirements of Section 9795.
(f) A jurisdiction shall be considered metropolitan if the jurisdiction does not meet the requirements for “suburban area” above and is located in an MSA of 2,000,000 or greater in population, unless that jurisdiction’s population is less than 25,000 in which case it shall be considered suburban.
(g) (1) For sites described in paragraph (3) of subdivision (b), the city or county shall specify the additional development potential for each site within the planning period and shall provide an explanation of the methodology used to determine the development potential. The methodology shall consider factors including the extent to which existing uses may constitute an impediment to additional residential development, the city’s or county’s past experience with converting existing uses to higher density residential development, the current market demand for the existing use, an analysis of any existing leases or other contracts that would perpetuate the existing use or prevent redevelopment of the site for additional residential development, development trends, market conditions, and regulatory or other incentives or standards to encourage additional residential development on these sites.
(2) In addition to the analysis required in paragraph (1), when a city or county is relying on nonvacant sites described in paragraph (3) of subdivision (b) to accommodate 50 percent or more of its housing need for lower income households, the methodology used to determine additional development potential shall demonstrate that the existing use identified pursuant to paragraph (3) of subdivision (b) does not constitute an impediment to additional residential development during the period covered by the housing element. An existing use shall be presumed to impede additional residential development, absent findings based on substantial evidence that the use is likely to be discontinued during the planning period.
(3) Notwithstanding any other law, and in addition to the requirements in paragraphs (1) and (2), sites that currently have residential uses, or within the past five years have had residential uses that have been vacated or demolished, that are or were subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low or very low income, subject to any other form of rent or price control through a public entity’s valid exercise of its police power, or occupied by low or very low income households, shall be subject to a policy requiring the replacement of all those units affordable to the same or lower income level as a condition of any development on the site.

Replacement requirements shall be consistent with those set forth in paragraph (3) of subdivision (c) of Section 65915.
(h) The program required by subparagraph (A) of paragraph (1) of subdivision (c) of Section 65583 shall accommodate 100 percent of the need for housing for very low and low-income households allocated pursuant to Section 65584 for which site capacity has not been identified in the inventory of sites pursuant to paragraph (3) of subdivision (a) on sites that shall be zoned to permit owner-occupied and rental multifamily residential use by right ITEM 3- ATTACHMENT 3
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for developments in which at least 20 percent of the units are affordable to lower income households during the planning period. These sites shall be zoned with minimum density and development standards that permit at least 16 units per site at a density of at least 16 units per acre in jurisdictions described in clause (i) of subparagraph (B) of paragraph (3) of subdivision (c), shall be at least 20 units per acre in jurisdictions described in clauses (iii) and (iv) of subparagraph (B) of paragraph (3) of subdivision (c) and shall meet the standards set forth in subparagraph (B) of paragraph (5) of subdivision (b). At least 50 percent of the very low and low-income housing need shall be accommodated on sites designated for residential use and for which nonresidential uses or mixed uses are not permitted, except that a city or county may accommodate all of the very low and lowincome housing need on sites designated for mixed uses if those sites allow 100 percent residential use and require that residential use occupy 50 percent of the total floor area of a mixed-use project.
(i) For purposes of this section and Section 65583, the phrase “use by right” shall mean that the local government’s review of the owner-occupied or multifamily residential use may not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval that would constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.

Any subdivision of the sites shall be subject to all laws, including, but not limited to, the local government ordinance implementing the Subdivision Map Act. A local ordinance may provide that “use by right” does not exempt the use from design review. However, that design review shall not constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. Use by right for all rental multifamily residential housing shall be provided in accordance with subdivision (f) of Section 65589.5. (j) Notwithstanding any other provision of this section, within one-half mile of a SonomaMarin Area Rail Transit station, housing density requirements in place on June 30, 2014, shall apply.
(k) For purposes of subdivisions (a) and (b), the department shall provide guidance to local governments to properly survey, detail, and account for sites listed pursuant to Section 65585.
(l) This section shall remain in effect only until December 31, 2028, and as of that date is repealed.
(Amended (as amended by Stats. 2018, Ch. 958, Sec. 3) by Stats. 2019, Ch. 664, Sec.

15.5. (AB 1486) Effective January 1, 2020. Repealed as of December 31, 2028, by its own provisions. See later operative version amended by Sec. 16.5 of Stats. 2019, Ch. 664.) ITEM 3- ATTACHMENT 3
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California Department of Housing
and Community Development
Affirmatively Furthering Fair Housing
Guidance for All Public Entities and for Housing Elements (April 2021 Update)
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Definition of Affirmatively Furthering Fair Housing
Meaningful actions, in addition to combating discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics. Specifically, affirmatively furthering fair housing means taking meaningful actions that, taken together, address significant disparities in housing needs and in access to opportunity, replacing segregated living patterns with truly integrated and balanced living patterns, transforming racially and ethnically concentrated areas of poverty into areas of opportunity, and fostering and maintaining compliance with civil rights and fair housing laws. The duty to affirmatively further fair housing extends to all of a public agency’s activities and programs relating to housing and community development.

Additional definitions can be found on Pg. 64.

Purpose and Uses of Ongoing Guidance and AFFH Data Viewer:
(Sample text for now – actual text to follow)
This guidance memo is a more comprehensive update to the AB 686 summary of requirements in housing element law that the Department of Housing and Community Development (HCD) released April 23, 2020, which can be found at hcd.ca.gov. This guidance is meant to assist public agencies and local governments meet AB 686 requirements. The guidance will be updated periodically in collaboration with practitioners and stakeholders to provide additional samples and best practices.

This guidance is advisory and is adopted pursuant to HCD’s general authority to provide technical assistance on the preparation of housing elements. HCD is also cognizant of its own duty to affirmatively further fair housing (AFFH) in adopting this guidance. Nevertheless, where the document says “shall” or “must,” there is no intent to create a mandatory duty that does not independently exist in statute, and the use of these terms is merely a repetition of that mandatory duty. This document offers guidance and should not be construed as legal advice.

HCD has also developed a statewide AFFH Data Viewer that assembles various data sources and provides options for addressing each of the components within the full scope of the assessment of fair housing. The AFFH Data Viewer may be utilized to address the data components of new requirements to affirmatively furthering fair housing but must be used in combination with other data such as local or regionally available data. The AFFH Data Viewer consists of map data layers organized by:
1) Fair Housing Enforcement and Outreach Capacity, 2) Segregation and Integration, 3) Disparities in Access to Opportunity, 4) Disproportionate Housing Needs, including Displacement Risks, 5) Racially and Ethnically Concentrated Areas of Poverty and Affluence and 6) Supplemental Data. The AFFH Data Viewer is intended to be useful to a broad audience, such as local and regional governments, and organizations involved in the housing element process. For more information, visit the HCD’s website at www.hcd.ca.gov/community-development/affh/.

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HCD Mission, Vision,
and Core Values
Mission
Promote safe, affordable homes and vibrant, inclusive, sustainable communities for all Californians.

Vision
Every California resident can live, work, and play in healthy communities of opportunity.

Core Values
INNOVATION: Empowered to apply creative solutions
PROFESSIONALISM: Demonstrate a willing attitude, open-mindedness, competence, and respect at all levels
ACCOUNTABILITY: Responsible, thoughtful ownership and
acknowledgement of actions and performance
MISSION-DRIVEN: Determined and focused on achieving HCD’s purpose INTEGRITY: Direct, honest, transparent, and ethical in every action DIVERSITY: Support, strengthen, and foster diversity and inclusive teams, programs, and partnerships
HCD Mission, Vision,
and Core Values
Homekey: A Journey Home | 4
California Department of Housing and Community Development 1 Affirmatively Furthering Fair Housing
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Forward By Director Velasquez
2 California Department of Housing and Community Development Affirmatively Furthering Fair Housing
April is fair housing month, and April 2021 marks a momentous time in the recent history of fair housing in America. Racial and economic inequity have been catapulted to the forefront of public discourse through the lenses of a deadly pandemic and ongoing structural racism, clearly capturing which of our neighbors are affected most, and why. For the well-being of our state, it is vital that we maintain a sharp focus on addressing the challenges we face in achieving racial equity and opportunity for all Californians.

President Joe Biden is following through with his early commitment to make racial equity and fair housing advancement a cornerstone of his administration’s policy and has committed to reinstate the 2015 Affirmatively Furthering Fair Housing rule and the 2013 Disparate Impact rule. California also recognizes and fully commits to addressing the role that public policy – at all levels of government – played in creating the patterns of segregation and racially concentrated areas of poverty that we see in our state today.

In 2018, California passed AB 686 as the statewide framework to affirmatively further fair housing; to promote inclusive communities, further housing choice, and address racial and economic disparities through government programs, policies, and operations. AB 686 is one of the most important tools that our local jurisdictions and partners can use to address systemic racism in housing and achieve positive impact for all Californians through public policies. AB 686 applies to all public agencies in all activities related to housing and community development. The duty to affirmatively further fair housing must be taken with the utmost diligence and cannot be ignored by any of us if it is to be successful.

Together, we must ameliorate past actions that led to inequity. As decision-makers we must create land-use and funding policies to increase affordable housing in high-resource neighborhoods that have often been exclusionary and bring additional resources to traditionally under-resourced neighborhoods.

Affirmatively furthering fair housing in California is about achieving better outcomes for all Californians regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, disability, and all other protected characteristics. These principles and requirements are necessary in addressing the racial wealth and homeownership gap, income disparities, and unequal access to opportunities. When everyone has better housing, health, and economic outcomes, we all do better as a whole.

Please join HCD and the many devoted partners in promoting stronger and more inclusive, sustainable communities. We know that our shared struggle for racial equity is centuries in the making and that there is more work to be done. We are honored to be part of a legacy of stepping up and making things better, for all of us.

California Department of Housing and Community
Development
Director Gustavo Velasquez
Message Re:

AB 686 Affirmatively Furthering Fair Housing
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Purpose and Acknowledgements
Purpose
This guidance memo is a more comprehensive update to the AB 686 summary of requirements in housing element law that the Department of Housing and Community Development (HCD) released April 23, 2020, which can be found at hcd.ca.gov. This guidance is meant to assist public agencies and local governments meet AB 686 requirements. The guidance will be updated periodically in collaboration with practitioners and stakeholders to provide additional samples and best practices.

This guidance is adopted pursuant to Department of Housing and Community Development’s (HCD’s) general authority to provide technical assistance on the preparation of housing elements.

Local jurisdictions’ use of this guidance will support their legal obligation to comply with the duty to affirmatively further fair housing. HCD is also cognizant of its own duty to affirmatively further fair housing in this guidance.

Acknowledgements
The Department appreciates the contributions of the many individuals and organizations and sincerely thanks the guidance, expertise and partnership of:
» Governor’s Office of Planning and Research
» Strategic Growth Council
» University of California, Berkeley – Center for Community Innovation, Othering and Belonging Institute and Terner Center
» Furthering Fair Housing MIT Research Consortium
» University of Minnesota Center for Urban and Regional Affairs » National Housing Law Project
» Western Center on Law and Poverty
» PolicyLink
» Public Advocates
» Public Interest Law Project
» California Rural Legal Assistance
» Disability Rights
» Leadership Counsel for Justice and Accountability
» Poverty and Race Research Action Council
» Housing Rights Center
» The Law Foundation of Silicon Valley
» Public Law Center
» Public Interest Advocacy
» California Housing Partnership Corporation
California Department of Housing and Community Development 3 Affirmatively Furthering Fair Housing
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HCD Mission, Vision, and Core Values 1
Forward By Director Velasquez 2
Purpose and Acknowledgements 3
Background and History of Affirmatively Furthering Fair Housing 5 Chart 1: Summary of AB 686 Requirements 8
Overview of AB 686 Changes to Law 9
Part 1: Duty of All Public Agencies to Affirmatively
Further Fair Housing 14
All Public Agencies 16
Programs and Activities 17
Tips for Implementation 18
Part 2: Affirmatively Furthering Fair Housing Changes to Housing Element Law 21
Outreach 21
Assessment of Fair Housing 22
Data Sources and Using the Statewide AFFH Data Viewer 25 Barriers to AFFH 26
Site Inventory 45
Identification and Prioritization of Contributing Factors 49 Chart 2: Contributing Factors Relationship Between Assessment of Fair Housing and Goals and Actions 50
Goals, Policies, and Actions 51
Part 3: Resources 57
Statute (strikeout/underline) 57
AB 686 Housing Element Compliance Checklist 62
Definitions 64
Dissimilarity and Isolation Index Formulas 67
Examples of Contributing Factors to Fair Housing Issues by Area 68 Sample Contributing Factors & Actions Matrix 71
Examples of Affirmatively Furthering Fair Housing Actions 72 Sample Tables 75
List of Fair Housing Assistance Organizations 79
Bibliography 83
AFFH Rule and Assessments 83
Federal Guidance 84
Data & Maps 85
Videos 87
Books 87
Research Articles & Reports 88
Table of Contents
4 California Department of Housing and Community Development Affirmatively Furthering Fair Housing
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Background and History of
Affirmatively Furthering Fair Housing
Where we call home has far-reaching impacts on our lives and futures. Home can provide us with the building blocks to success: a sense of belonging, safety, and access to economic and social opportunities. Housing is a key determinant in whether or not people have the resources to live healthy lives and achieve their full potential. Land use policies and planning often translate into the ability of families to access neighborhoods of opportunity, with high-performing schools, greater availability of jobs that afford entry to the middle class, and convenient access to transit and services. The limits on housing choice and access experienced by people within protected classes, such as race, sexual orientation, or disability, have far-reaching impacts on access to job opportunity, quality education, and mental and physical health.

Residential segregation and exclusion, whether by race, ethnicity, disability, or income, is a result of numerous housing policies, practices, and procedures—both public and private—that have had enduring and pervasive negative impacts. Overt and covert housing discrimination through land use policy, shifting housing markets, and patterns of investment and disinvestment, have restricted meaningful fair housing choice and equitable access to opportunity, particularly for communities of color. Historic patterns of segregation persist in California despite the long-standing federal mandate, established by the Fair Housing Act of 1968 (FHA), that federal agencies and federal grantees affirmatively further the purposes of the FHA.

In the decades preceding and since the passage of the FHA, government and non-governmental policies and practices have disproportionately and unfairly impacted people and communities. Rampant exclusionary tactics and disparate treatment such as redlining, racially restrictive covenants, and biased mortgage lending practices were a few of the methods in the housing system that federal, state, and local lawmakers developed or explicitly supported to encourage spatial inequality based on race. State-sponsored, racially explicit practices fostered economic inequality and created a systematic wealth gap, as some groups were excluded from accessing homeownership and thereby denied the ability to create intergenerational wealth through investments in real estate.

In 1968, the FHA was enacted to remedy significant and long-standing inequities borne by protected classes, particularly Black and Hispanic people. As amended in subsequent years, the FHA mandates broad protections, prohibiting housing discrimination based upon race, color, religion, sex, disability, familial status, or national origin. Importantly, it advances the need to go beyond prohibiting housing discrimination and create opportunities for real housing choice through affirmatively furthering fair housing.1
1 The Fair Housing Act of 1968 originally only protected against discrimination based on race, color, religion, and national origin. The FHA was later amended in 1974 to include sex and then again in 1988 to include discrimination based on disability and familial status.

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Although federal mandates prohibit overt forms of discrimination in housing, forces driving residential segregation have persisted, sometimes taking on new forms to achieve the same discriminatory ends. Racially explicit practices were subtly replaced by race-neutral methods to exclude people of color from predominantly white neighborhoods. Over time, single-family zoning emerged and replaced race-based zoning as a tool for segregating communities by restricting more affordable housing options, such as apartments or condominiums. Exclusionary zoning policies have made it difficult for lower-income residents to access certain communities and in turn has had a discriminatory effect on protected characteristics such as race, disability, and familial status. Furthermore, federal, state, and local subsidized programs failed to construct affordable housing in high-resource neighborhoods, which are disproportionately white, thereby reinforcing the spatial segregation of low-income communities of color.2
Past and present discriminatory policies and practices, including long-term disinvestment, have resulted in neighborhoods with concentrated poverty and poor housing stock, limited access to opportunity, unsafe environmental conditions, underfunded schools, dilapidated infrastructure, and other disproportionately experienced problems. In addition, governmental policies have subsidized the development of segregated, high-resourced suburbs in metropolitan areas by constructing new highway systems—often through lower income communities of color— to ensure access to job opportunities in urban centers. This physical and policy infrastructure supports patterns of discrimination and high levels of segregation that continue to persist in California and across the country.

All of these conditions persist despite the over 50-year-old obligation to prohibit discrimination and affirmatively further fair housing.
2 As of 2017, the State of California had 391 racially and ethnically concentrated areas of poverty (R/ECAP) areas, which represents a notable 40 percent increase from the 278 R/ECAP areas documented in 2010. Between 2000, when the state had 182 R/ECAP areas, and 2017, California has seen a 115 percent increase in R/ECAP areas (Final 2020 Analysis of Impediments (AI), p. 165).

Housing policy, program guidelines, and regulations were essential in creating current inequities, and they are equally important in both preventing further segregation and concentration of poverty, as well as increasing access to opportunity. In order to ameliorate past actions that led to inequity, decision-makers must create land-use and funding policies to increase affordable housing in high resource neighborhoods that have often been exclusionary (explicitly or in effect of costs and zoning policies) and bring additional resources to traditionally under-resourced neighborhoods. 6 California Department of Housing and Community Development Affirmatively Furthering Fair Housing
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To address these conditions, Assembly Bill 686 (AB 686), signed in 2018, establishes an independent state mandate that expands the duty of all California’s public agencies to affirmatively further fair housing (AFFH). AB 686 added to existing protections in California. The Fair Employment and Housing Act (FEHA) provides broad protections to California residents, prohibiting housing discrimination through public or private land-use practices, decisions, and authorizations based upon “race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, or genetic information.”3 Also, Government Code section 65008 prohibits discrimination against affordable housing based on financing or occupancy by low- and moderate-income households. 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. The purpose of this memo is to assist in that assessment and analysis.
3 Gov. Code, §§ 12900-12996.

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Chart 1: Summary of AB 686 Requirements
8 California Department of Housing and Community Development Affirmatively Furthering Fair Housing
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Overview of AB 686 Changes to Law
AB 686 (Chapter 958, Statutes of 2018) makes changes to laws in two broad areas:

1. Duty of All Public Agencies to Affirmatively Further Fair Housing

2. Affirmatively Furthering Fair Housing Changes to Housing Element Law Duty of All Public Agencies to Affirmatively Further Fair Housing
Existing federal law requires departments and agencies to administer programs relating to housing in a way that affirmatively furthers fair housing.4 These obligations extend to state and local governments that receive funds or contract with the federal government. For example, a local government receiving Community Development Block Grant (CDBG) dollars directly from the federal government is obligated to affirmatively further fair housing; under federal law this included completing an assessment of fair housing to inform the consolidated plan. However, federal planning requirements are subject to shifting promulgation of laws through various mechanisms such as regulations, rules, and program guidelines.5
As of January 1, 2019, AB 686 extends the obligation to affirmatively further fair housing to all public agencies in the State of California. This affirmative duty is not limited to those agencies with relationships with the federal government and is to be broadly applied throughout agencies at the state and local level.6 Now, all public agencies must both (1) administer programs and activities relating to housing and community development in a manner that affirmatively furthers fair housing, and (2) take no action inconsistent with this obligation. Affirmatively furthering fair housing means “taking meaningful actions, in addition to combating discrimination, that overcome patterns of segregation and foster inclusive communities.” 7 These new statutory obligations charge all public agencies with broadly examining their existing and future policies, plans, programs, rules, practices, and related activities and make proactive changes to promote more inclusive communities. 8 Affirmatively Furthering Fair Housing Changes to
Housing Element Law
Even prior to the passage of AB 686, Housing Element Law inherently promoted more inclusive communities, such as by addressing the disproportionate housing needs of lower income households, and households with special needs (e.g., persons with disabilities, elderly, large households, single 4 See Executive Order 12892 – Leadership and Coordination of Fair Housing in Federal Programs: Affirmatively Furthering Fair Housing.

January 17, 1994.
5 Effective September 8, 2020, HUD replaced the final AFFH rule with the Preserving Community and Neighborhood Choice rule [federalregister.gov]. Under the new rule entities are not required to complete a fair housing assessment (AFH or AI). They must AFFH, which has been redefined to read as, “means to take any action rationally related to promoting any attribute or attributes of fair housing as defined in the preceding subsection” (24 C.F.R. §5.150 (2020)). 6 Gov. Code, § 8899.50, subd. (a)(2).
7 Id., subd. (a)(1).
8 Id., subds. (a)(1), (a)(2), (b), (c), and (d).

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parent households, farmworkers, and people experiencing homelessness).9 For example, Housing
Element Law requires local governments to make diligent efforts to include all segments of the community in public participation. Housing Element Law requires specific analysis of persons and households with special needs and commensurate development of policies and programs.10 Housing Element Law, among many other things, also requires zoning for a variety of housing choices, the identification of sites to accommodate the housing needs of all incomes, and specific programs to promote fair housing.11
AB 686 makes changes to Housing Element Law to ensure the long-standing duty to affirmatively further fair housing is part of the housing element of the general plan,12 which is the fundamental guiding document for community development for all local governments.13 Major changes include:

Outreach and Capacity
The preparation, adoption, and implementation of a housing element requires a diligent effort to include all economic segments of the community.14 AB 686 reinforces and builds on this requirement.

Under AB 686 and changes to Housing Element Law, the housing element must also include a summary of fair housing outreach and capacity.15 The element must describe meaningful, frequent, and ongoing community participation, consultation, and coordination that is integrated with the broader stakeholder outreach and community participation process for the overall housing element.16 Outreach plans should consider geographic barriers to participation, especially in geographically extensive jurisdictions and rural areas, and should plan to hold in-person meetings in various locations to ensure residents from across the jurisdiction have the opportunity to participate. Jurisdictions should seek sites that are transit-accessible and/or consider options to assist residents without vehicle access with transportation.17 Meetings should be held outside of work hours, including on evenings and weekends, to facilitate participation.18 Drafts of the housing element should be made available to the public for review and comment with ample time before submission to the Department of Housing and Community Development (HCD) for review. In-person and electronic options for participation should also be made available. Also, housing element outreach should be aligned with the SB 1000 (2016) 9 See, e.g., Gov. Code, § 65583, subds. (a)(1), (a)(7); HCD, Building Blocks, at https://www.hcd.ca.gov/community-development/buildingblocks/index.shtml. 10 Gov. Code, § 65583, subds. (a)(7), (c).
11 See, e.g., Gov. Code, § 65583, subd. (a)(4), (c)(1). 12 See, e.g., Gov. Code, § 65583, subd. (c)(5).
13 DeVita v. County of Napa (1995) 9 Cal.4th 763, 772–773 (“general plan … remains, a ‘constitution’ for future development”); Lesher Communications, Inc. v. City of Walnut Creek (1990) 52 Cal.3d 531, 540 (general plan is located at the top of “the hierarchy of local government law regulating land use”).
14 Gov. Code, § 65583, subd. (c)(9).
15 See, e.g., Gov. Code, § 65583, subd. (c)(10)(A)(i).
16 Gov. Code, §§ 65583, subds. (c)(9), (c)(10), 8899.50, subds. (a), (b), (c); see also AFFH Final Rule and Commentary (AFFH Rule), 80 Fed. Reg. 42271, 42292-42302, 42353-42360, esp. 42354-42356 (July 16, 2015). 17 Gov. Code, § 8899.50, subds. (a), (b), (c); see also AFFH Final Rule and Commentary (AFFH Rule), 80 Fed. Reg. 42271, 42353-42360, esp. 42354-42356 (July 16, 2015); HCD, Building Blocks, Public Participation at https://www.hcd.ca.gov/community-development/buildingblocks/getting-started/public-participation.shtml. 18 Gov. Code, § 8899.50, subds. (a), (b), (c); see also AFFH Final Rule and Commentary (AFFH Rule), 80 Fed. Reg. 42271, 42292-42302, 42353- 42360, esp. 42354-42356 (July 16, 2015); HCD, Building Blocks, Public Participation at https://www.hcd.ca.gov/community-development/ building-blocks/getting-started/public-participation.shtml.

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(Environmental Justice Element)19 outreach to the extent possible, given the overlapping topic areas.

Examples of key stakeholders:
● Community-based and other organizations (CBOs) that represent protected class members ● Public housing authorities
● Housing and community development providers
● Lower income community members and households that include persons in protected classes ● Fair housing agencies
● Independent living centers
● Regional centers
● Homeless services agencies
● Churches and community service organizations that serve ethnic/linguistic minorities Important components of meaningful engagement:
● Translation of materials and making translation available at meetings ● Working with CBOs and other community stakeholders to develop effective outreach and engagement plans ● Making accessible information materials that avoid use of overly technical language ● Offering mini-grants to CBOs and other stakeholders to assist with engagement of low-income households and protected classes
Assessment of Fair Housing: Summary of Issues and Analysis of Patterns, Trends, and Disproportionate Housing Needs
The housing element now incorporates planning and analysis which is collectively referred to as an assessment of fair housing (AFH),20 which generally includes:
● A summary of fair housing issues in the jurisdiction and an assessment of the jurisdiction’s fair housing enforcement and outreach capacity; and
● An analysis and summary of fair housing issues utilizing available federal, state, and local data and knowledge. The analysis must include a variety of factors, such as trends and patterns within the locality and in comparison to the broader region, and the analysis must address:
» Integration and segregation;
» Racially or ethnically concentrated areas of poverty; » Disparities in access to opportunity, including for persons with disabilities; and » Disproportionate housing needs (this may include things like overpayment, overcrowding, housing conditions disproportionately affecting protected classes), including displacement risk.
19 Gov. Code, § 65302, subd. (h).
20 Gov. Code, §§ 65583, subds. (c)(9), (c)(10), 8899.50, subds. (a), (b), (c); AFFH Final Rule and Commentary (AFFH Rule), 80 Fed. Reg. 42271, 42292-42302, 42343-42344, 42353-42360 (July 16, 2015).

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Site Inventory
Prior to AB 686, Housing Element Law required jurisdictions to inventory and identify adequate sites appropriately zoned and available to accommodate its Regional Housing Need Allocation (RHNA).21 The housing element must demonstrate that there are adequate sites zoned for the development of housing for households at each income level sufficient to accommodate the number of new housing units needed at each income level as identified in the RHNA.22 AB 686 now requires that a jurisdiction identify sites throughout the community in a manner that is consistent with its duty to affirmatively further fair housing (AFFH) and the findings of its assessment of fair housing, pursuant to Government Code section 65583, subdivision (c)(10)(A).23 In the context of AFFH, the site identification requirement involves not only an analysis of site capacity to accommodate the RHNA, but also whether the identified sites serve the purpose of replacing segregated living patterns with truly integrated and balanced living patterns, transforming racially and ethnically concentrated areas of poverty into areas of opportunity.24 Identification and Prioritization of Contributing Factors Existing Housing Element Law requires various analyses, such as a housing needs assessment, housing needs of persons with special needs, housing conditions, potential governmental and non-governmental constraints, site inventory to accommodate the projected housing need (i.e., regional housing need allocation), and identification of units at risk of converting to market-rate uses.25 Each of these analyses inform the goals, policies and schedule of actions to address the existing and projected housing needs over the planning period.26 AB 686 advances this same framework and requires linking analysis with policy and action formulation. AB 686 requires an identification and prioritization of contributing factors to fair housing issues based on all the previously required analysis (outreach, fair housing assessment, site inventory).27 This identification and prioritization must give highest priority to factors that limit or deny fair housing choice or access to opportunity or negatively impact fair housing or civil rights. 28
Goals and Actions
Existing Housing Element Law requires programs with a schedule of actions with timelines and specific commitment to have a “beneficial impact” within the planning period to achieve the goals and objectives of the housing element. Programs must address various statutorily mandated areas, such as identification of adequate sites, zoning for a variety of types, assisting development for lower and moderate income households, addressing governmental and non-governmental constraints, 21 See, e.g., Gov. Code, § 65583, subds. (a)(3); HCD, Building Blocks, at https://www.hcd.ca.gov/community-development/building-blocks/ index.shtml.
22 Ibid.
23 Gov. Code, § 65583.2, subd. (a).
24 Gov. Code, § 8890.50. subd. (b).
25 See, e.g., Gov. Code, § 65583, subd. (a); HCD, Building Blocks, at https://www.hcd.ca.gov/community-development/building-blocks/index. shtml.
26 See, e.g., Gov. Code, § 65583, subds. (b), (c); HCD, Building Blocks, at https://www.hcd.ca.gov/community-development/building-blocks/ index.shtml.
27 See, e.g., Gov. Code, § 65583, subd. (c)(10)(A)(iii); Gov. Code, § 8899.50, subds. (a)(1), (b). 28 See, e.g., Gov. Code, § 65583, subd. (c)(10)(A)(iv).

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conserving the existing housing stock, preserving at-risk units, and promoting housing opportunities for all people.29 AB 686 builds upon these program requirements, including modifying the existing program requirement to promote fair housing opportunities to now include actions that promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons. As part of this requirement, the housing element now requires an identification of priorities and goals based on identified contributing factors that limit or deny fair housing choice or access to opportunity, or that negatively impact fair housing or civil rights compliance.30 Similar to the existing Housing Element Law, AB 686 also requires identification of metrics or quantified objectives and milestones for determining what fair housing results will be achieved.31 Strategies and actions to implement priorities and goals may include, but are not limited to:
● Enhancing mobility strategies and promoting inclusion for protected classes ● Encouraging development of new affordable housing in high-resource areas ● Implementing place-based strategies to encourage community revitalization, including preservation of existing affordable housing ● Protecting existing residents from displacement
These actions, taken together, must significantly address disparities in housing needs and in access to opportunity, replacing segregated living patterns with truly integrated and balanced living patterns, transforming racially and ethnically concentrated areas of poverty into areas of opportunity, fostering and maintaining compliance with civil rights; and must affirmatively further fair housing.

Consistency with the Affirmatively Furthering Fair Housing Rule The passage of AB 686 in 2018 enshrined the duty to affirmatively further fair housing within California state law, regardless of future federal actions. California’s law essentially preserves the U.S.

Department of Housing and Urban Development’s (HUD) 2015 Affirmatively Furthering Fair Housing Final Rule as published in the Federal Register in 2015.32 This was done to ensure the 2015 AFFH Final Rule remained the law in California, despite the potential federal rollback of the rule and tool. (The 2015 rule was suspended in 2018 and ultimately terminated in 2020.) State law is clear, California’s AFFH duty remains regardless of subsequent amendment, suspension, or revocation of the 2015 AFFH Final Rule.
29 Gov. Code, § 65583, subd. (c).
30 Gov. Code, §§ 65583, subds. (c)(10), 8899.50, subds. (a), (b), (c); AFFH Final Rule and Commentary (AFFH Rule), 80 Fed. Reg. 42271, 42353- 42360, esp. 42358 (July 16, 2015).
31 Gov. Code, § 65583, subds. (c)(10)(A)(iv).
32 Per Government Code section 8899.50, subdivision (c), the section shall be interpreted consistent with the AFFH Final Rule and accompanying commentary as published by HUD in volume 80 of the Federal Register, Number 136, pages 42272 to 42371, inclusive, dated July 16, 2015. Note that, at times, this document cites to the 2016 the Code of Federal Regulations; this is because the rule adopted in July 2015 was too late to be codified in the 2015 Code and was codified in the regulations for the first time in the 2016.

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Part 1:

Duty of All Public Agencies
to Affirmatively Further Fair
Housing
AB 686 strengthens existing California fair housing and civil rights laws. California’s Fair Employment and Housing Act (FEHA) provides broad protections to California residents, prohibiting housing discrimination based upon “race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, or genetic information.”33 California’s Government Code section 65008 prohibits discrimination in housing based on occupation, age, or protected characteristic; method of financing; or the intended occupancy by lower or moderate income people. While state law prohibited discrimination through public or private land use practices, decisions, and authorizations based on any of these characteristics, it had not included a state requirement to affirmatively further fair housing. As of January 1, 2019, AB 686 creates a state mandate requiring public agencies and jurisdictions to go beyond combating discrimination to affirmatively further fair housing. “Affirmatively furthering fair housing” means taking meaningful actions, in addition to combating discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics.

Specifically, affirmatively furthering fair housing means taking meaningful actions that, taken together, address significant disparities in housing needs and in access to opportunity, replacing segregated living patterns with truly integrated and balanced living patterns, transforming racially and ethnically concentrated areas of poverty into areas of opportunity, and fostering and maintaining compliance with civil rights and fair housing laws. The duty to affirmatively further fair housing extends to all of a public agency’s activities and programs relating to housing and community development. - (Gov. Code, § 8899.50, subd. (a)(1).) Beyond the housing element requirements, AB 686 requires all public agencies (including, but not limited to, all cities and counties, and housing authorities) to ensure that their housing and community development programs and activities—taken together—affirmatively further fair housing, and that they take no action materially inconsistent with this obligation.34 Affirmatively furthering fair housing includes taking proactive and meaningful actions that have a 33 Gov. Code, §§ 12900-12996.
34 Gov. Code, § 8890.50, subds. (a)(1), (b), (d).

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significant impact in integrating living patterns and socio-economic concentrations—well beyond combating discrimination or mitigating disparities. Meaningful actions must be taken in concert with each other and address all of the following: 35

1. Significant Disparities in Housing Needs and in Access to Opportunity: Examples include incentivizing new residential development to include below-market rate housing; conserving affordability of existing housing, such as limitations on rents or conversion of such housing to higher rent or higher priced housing; encouraging systematic code enforcement activities that maintain housing stock while ensuring such enforcement does not cause displacement; and promoting housing mobility strategies and displacement mitigation strategies to ensure equitable access to opportunity.

Housing mobility strategies may include providing affordable and accessible transportation options to enhance access to education and economic development opportunities. Displacement mitigation strategies may include tenant protections, conservation of existing stock, preservation of units at-risk of conversion to market-rate uses, acquisition and rehabilitation of existing stock, including naturally occurring affordable housing, and removing barriers to building affordable housing.

2. Replacing Segregated Living Patterns with Truly Integrated and Balanced Living Patterns: Examples include community benefits agreements that balance development proposals with tangible, local benefits to residents in the area ( e.g., creating affordable housing, funding renter assistance programs for nearby residents, or other investments that meet community-identified needs, such as infrastructure and community amenities). Other examples include inclusionary zoning requirements and land-value recapture mechanisms, zoning for a variety of housing types, particularly those that may be lacking from the community or neighborhood, including: multifamily housing, low-barrier navigation centers, group homes, supportive housing, and accessible units. Promote education on how restrictions on multifamily housing, such as limited multifamily zoning and height and density limitations, impact inclusive communities. Seek local input on housing proposals while recognizing that “local vetoes” of affordable and mixed-income housing in racially segregated concentrated areas of affluence create fair housing issues.36

3. Transforming Racially and Ethnically Concentrated Areas of Poverty (R/ECAP) into Areas of Opportunity: Examples include community-led, place-based strategies to revitalize communities, such as economic development strategies and prioritizing investment in R/ECAPs that meet the needs of existing low-income residents, such as safe routes to school, transit, parks, schools, bike and pedestrian infrastructure, urban forestry, other neighborhood improvements; preserving naturally occurring affordable housing, such as mobilehome parks; and preservation as affordable housing of market-rate units where low-income households live; and promoting mixed-income development coupled with strong anti-displacement protections. Conduct outreach and advertise city program to persons with limited English proficiency. Other examples include community engagement in planning processes, including targeted outreach, technical assistance to help apply for grants, economic development strategies, workforce development, youth engagement and educational programs, healthy food access, affordable energy, and transportation access. 35 Gov. Code, §§ 8890.50, subds. (a)(1), (b), (d), 65583, subds. (c)(5), (c)(10); AFFH Final Rule and Commentary (AFFH Rule), 80 Fed. Reg. 42271, 42353-42360 (July 16, 2015); 24 C.F.R. §§ 5.152, 5.154 (2016). 36 The Internal Revenue Service Revenue Ruling 2016-29 states that the Internal Revenue Code neither forces nor encourages local approval in decisions allocating Low Income Housing Credits, based on the concern that this practice perpetuates racial segregation. State housing agencies are not required or encouraged to honor local vetoes.

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4. Fostering and Maintaining Compliance with Civil Rights and Fair Housing Laws: Agencies must diligently comply with civil rights and fair housing laws, including the California Fair Employment and Housing Act (FEHA) (Part 2.8 (commencing with section 12900) of Division 3 of Title 2), Government Code sections 8899.50, 65008, 65583, subdivisions (c)5) and (c)(10), and11135, Civil Code section 51 (the Unruh Civil Rights Act), and FEHA regulations in California Code of Regulations, title 2, sections 12005-12271.

In addition to taking meaningful action, public agencies must not take any action materially inconsistent with the obligation to affirmatively further fair housing. Examples of materially inconsistent actions include those that:
● Hinder any of the affirmative actions public agencies take to further fair housing (e.g., lack of enforcement of rules intended to promote fair housing choices, diminishing fair housing principles from program guidelines, and inequitable implementation or enforcement of programs and activities)
● Perpetuate discrimination, segregation, R/ECAPs, and barriers that restrict access to opportunity based on protected characteristics (e.g., lack of affirmative marketing in funded housing developments, excluding accessibility modifications from eligible uses in funding, absence of community revitalization strategies in programs and policies)
● Are inconsistent with the housing element or the No-Net-Loss Law37 (e.g., downzoning without upzoning, zoning barriers to housing choices, removing tenant protections) ● Have a disparate impact on protected classes (e.g., zoning or siting toxic or polluting land uses or projects near a disadvantaged community, lack of investment in concentrated areas of poverty, lack of multifamily housing or affordable housing options in high-resource areas, investment without ant-displacement strategies in areas of disproportionate housing need) Public agencies must ensure housing and community development programs and activities are designed and can be reasonably expected to achieve a significant and tangible positive change that affirmatively furthers fair housing by, for example, increasing fair housing choice or decreasing disparities in access to opportunity.

All Public Agencies
Existing federal law requires departments and agencies to administer programs relating to housing in a way that affirmatively furthers fair housing. These obligations apply to state and local governments that receive funds or contract with the federal government and are often limited to housing programs. However, California Government Code section 8899.50 extends well beyond those agencies with federal funds or contracts and includes virtually all public agencies in California.

Public agencies include all subdivisions of the state, such as officers, offices, agencies, commissions, bureaus, boards, departments and divisions. Examples include the Department of Housing and Community Development (HCD), California Housing Finance Agency, Department of Developmental Services, Department of Health Services, Department of Social Services, Tax Credit Allocation Com37 Gov. Code, § 65863.

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Programs and Activities Related to Housing and Community Development
All public agencies are required to administer programs and activities relating to housing and community development in a manner to affirmatively further fair housing. Housing and community development should be broadly construed and should not be interpreted in a limited manner. For example, an agency’s name does not need to explicitly bear the words “housing” or “community” or “development” to have activities or programs related to housing and community development. Any program or activities that impact housing and community development should address the obligation to affirmatively further fair housing.

Community development should be considered broadly as any processes or issues related to community members or social and physical surroundings. Housing and community development are not limited to housing programs and activities. For example, public agencies with programs and activities in any way related to land use or access to opportunity based on where a person lives pertains to community development, which in turn involves housing.

In this way, programs and activities that involve transportation, land conservation, hazard planning, infrastructure, economic issues, public facilities, social services, coastal resources, other environmental resources, and more should be affirmatively furthering fair housing. The same applies to local agencies. This obligation is not limited to investment, planning, and outreach related to housing, but also broader community development, such as infrastructure, public schools, parks and recreation, and other capital improvements.

California Department of Housing and Community Development 17 Affirmatively Furthering Fair Housing
mittee, Governor’s Office of Planning and Research, including the Strategic Growth Council, California Department of Transportation, California Transportation Commission, California Department of Education, Department of Conservation, California Coastal Commission, Natural Resources Agency, California Environmental Protection Agency, State Water Resources Control Board, Department of Water Resources, and many more. Public agencies also include all public housing authorities, redevelopment successor agencies, cities, counties, cities and counties, and charter cities and counties.38 Programs and Activities
The obligation to AFFH for public agencies applies to all housing and community development programs and activities. Programs and activities should be considered expansively and not in a manner to limit affirmatively furthering fair housing. For example, most state agencies are involved in some combination of planning, financial investment, regulatory function, or technical assistance, outreach and education. All of these broad categories should be considered programs and activities. This expansive application of programs and activities also applies to local governments. For example, capital improvement plans, code enforcement and other regulatory functions, housing assistance programs, and planning and zoning documents should all affirmatively further fair housing. 38 Gov. Code, § 8899.50, subd. (a)(2).

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Tips for Implementation
To affirmatively further fair housing through programs and activities, public agencies should consider a variety of factors and consult with other agencies. Agencies should also consider a process to incorporate affirmatively furthering fair housing in programs and activities.

For example:

1. Gather and Analyze Data: To better understand affirmatively furthering fair housing, agencies should explore available data related to the topic area to identify spatial patterns and trends and evaluate the impacts of programs and activities. For data options, see “Part 3 Resources” or visit HCD’s website at www.hcd.ca.gov/community-development/affh/.

2. Engage the Community: Proactively reach out to individuals and organizations that represent lower income households, people in protected classes, and households with special needs to develop open and mutual communication. Solicit input and communicate on a regular and ongoing basis, not just during formal public comment periods.

3. Assess Programs and Activities: Inventory programs and activities and explore opportunities to affirmatively further fair housing.

4. Develop a Plan with Clear Timelines: Identify goals and actions and establish a schedule. Proactively seek the public’s input on the plan and make it available prior to finalizing.

5. Implement the Plan and Monitor Progress: Assign a lead and prioritize the plan to carry out the actions and achieve the goals. Regularly monitor (e.g., biannually) progress and make adjustments.

Engagement: Early, Often, Ongoing and More
Outreach early in the development and throughout the completion of programs and activities is foundational to affirmatively furthering fair housing. Public agencies should seek a variety of methods to gather input from key stakeholders, such as community-based and other organizations that include and represent protected class members, lower income households and households with special needs (e.g., elderly, persons with disabilities, large households, farmworkers, female-headed households and persons experiencing homelessness), public housing authorities, community members that are lower income, and members of protected classes.
● Early: Public agencies should involve stakeholders well before releasing drafts of programs and in the early stages of development of other activities. This early engagement often yields better program results and at a nimbler stage in the development of a program. Early engagement is also key to building stronger working relationships and products that are more inclusive by design.
● Often: Many times, the development of programs and activities at a state and local level can take months and even years. An effective and inclusive outreach process will have multiple contact points throughout the development.

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● Ongoing: Outreach should not stop after a program or activity is developed. An inclusive process will continue outreach through marketing, technical assistance, implementation, and evaluation of a program or activity.
● More: Outreach should employ a variety of strategies and methods to promote access (e.g., effective communication and reasonable accommodations for persons with disabilities, and meaningful access for persons with limited English proficiency) and consider feedback loops to keep stakeholders and individuals informed whenever possible.

Inventory and Amend Existing Programs and Activities
Public agencies should review all programs and activities for opportunities to affirmatively further fair housing. For state programs, example areas include planning documents, eligibility and scoring criteria and other provisions for funding programs, geographic distribution criteria, outreach, marketing and technical assistance, regulatory enforcement, and lack of exception processes. For local programs, example areas include assessing land use and zoning policies against patterns of racial segregation, marketing and outreach, prioritization of areas of concentrated poverty or lack of access to opportunity, funding, capital improvements such as infrastructure investment, anti-displacement policies, workforce development training, and economic development strategies.

Public agencies should also incorporate racial and equity inclusion into regulatory and technical assistance functions by prioritizing assistance to combat racial segregation, foster inclusion, and benefit areas of concentrated poverty, eliminate disparities in access to opportunity, and address disproportionate housing need, including displacement and housing and transportation cost burden.

For example, a local government could adopt zoning and incentives for more housing choices and affordability in higher resource areas; target resources for rehabilitation and maintenance of existing housing and anti-displacement policies in lower resource areas; develop pathways to homeownership for people in lower resource areas; seek to creatively engage communities; and create decision-making opportunities for communities in low resource areas regarding outcomes for health, economic development, planning, housing, and transportation.

Make a Schedule and Regularly Evaluate and Modify Programs All public agencies should immediately evaluate all programs and activities for opportunities to affirmatively further fair housing. A comprehensive evaluation and modification of programs and activities may be time-consuming for larger agencies, especially when regulation and legal changes are required. To address these challenges, make a schedule and allocate adequate staff time and resources to make affirmatively furthering fair housing a deliberate and consistent effort. Also, whenever updates occur, ensure that equity and inclusion are considered and addressed. This will require a thorough analysis of potential intended and unintended impacts of policy decisions on protected class members, lower income households, households with special needs, areas of concentrated poverty, lower resource areas, and areas of disproportionate housing need. Examples include updates to regulations, guidelines, notices of funding availability, scoring rubrics, and planning document updates such as general plans, community plans, zoning codes and capital improvement plans. Engaging residents and representative organizations into policy decisions is the best way to understand the full breadth of impacts of policy change.

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Cultivate Values of Inclusion
Fostering inclusion in an agency’s values can have a huge impact in program and activity design.

Agencies could consider implementing a variety of diversity, equity, and inclusion initiatives, such as racial equity trainings, incorporating racial equity into hiring practices and promotional opportunities, and committing to creating an organizational culture of inclusion and open communication. Making sure that staff and leadership are better trained and consistently practicing inclusion will have an ongoing impact throughout the processes.

A Public Agency AFFH Success: In partnership with Race Forward, the Public Health Institute, and the California Endowment, the California Strategic Growth Council (SGC) is leading a variety of activities to affirmatively further fair housing in the agency. Specifically, SGC supports the Capitol Collaborative on Race & Equity (CCORE)—a racial equity capacity-building program for State of California employees. CCORE builds on the success of a 2018-2019 Government Alliance for Race and Equity Capitol Cohort pilot initiative, and offers two cohorts for participants to receive training to learn about, plan for, and implement activities that embed racial equity approaches into institutional culture, policies, and practices. In 2020, SGC adopted a Racial Equity Action Plan, which outlines concrete actions that SGC is taking to achieve racial equity in the organization’s operations, programs and policies in order to achieve its vision that all people in California live in healthy, thriving and resilient communities regardless of race.

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Part 2:

Affirmatively Furthering Fair
Housing Changes to Housing
Element Law
As discussed in Part 1, AB 686 requires virtually all state and local agencies (including, but not limited to, all cities, counties, cities and counties, and housing authorities) to ensure that their laws, programs and activities affirmatively further fair housing, and that they take no action inconsistent with this obligation.39 In addition, AB 686 amends Housing Element Law40 to better affirmatively further fair housing by adding several new requirements related to:
● Outreach
● Assessment of Fair Housing
● Site Inventory
● Identification and Prioritization of Contributing Factors ● Goals and Actions
Outreach
The preparation, adoption, and implementation of a housing element includes a diligent effort to include public participation from all economic segments of the community.41 A diligent effort means going beyond simply giving the public an opportunity to provide input and should be proactively and broadly conducted through a variety of methods to assure access and participation.42 AB 686 also requires jurisdictions to include a summary of their fair housing outreach capacity.43 To address these requirements, the housing element must describe meaningful, frequent, and ongoing public participation with key stakeholders.44 Among others, examples of key stakeholders must include public housing authorities, housing and community development providers, advocacy groups (local, regional, and state level), community members who are lower income, persons and households with special needs, members of protected classes, representative advocacy organizations and other similarly interested parties, fair housing agencies, independent living centers, regional centers, and 39 Gov. Code, § 8899.50, subd. (a)(2).
40 Gov. Code, § 65583, subds. (c)(5), (c)(10).
41 Gov. Code, §§ 65583, subds. (c)(9).
42 Gov. Code, §§ 65583, subds. (c)(9), (c)(10)(A)(i), 8899.50, subds. (a), (b), (c); see also AFFH Final Rule and Commentary (AFFH Rule), 80 Fed.

Reg. 42271, 42353-42360 (esp. 42354-42356), 42363-42364 (July 16, 2015). 43 Gov. Code, §§ 65583, subds. (c)(9), (c)(10)(A)(i).
44 Gov. Code, §§ 65583, subds. (c)(9), (10)(A)(i), 8899.50, subds. (a), (b), (c); see also AFFH Final Rule and Commentary (AFFH Rule), 80 Fed.

Reg. 42271, 42353-42360 (July 16, 2015). See details in, for instance, 24 C.F.R. § 5.158 (2016).

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homeless service agencies. The element must describe: 45 ● Outreach activities intended to reach a broad audience, such as utilizing a variety of methods, broad and proactive marketing, including targeted areas and needs, promoting language access and accessibility for persons with disabilities (which can include effective communication, reasonable accommodations, and remote participation opportunities), and consulting with relevant organizations;
● List of organizations contacted and consulted in the process and for what purpose; ● Summary of comments and how the comments are considered and incorporated (including comments that were not incorporated), particularly with changes to the housing element; and ● Summary of issues that contributed to lack of participation in the housing element process by all economic segments, particularly people with protected characteristics, if that proves to be the case.

While localities must undertake diligent outreach efforts throughout the entire housing element preparation, some key areas to seek input include:
● Review of Past Actions: The housing element requires a review of the previous housing element for progress in implementation, effectiveness of programs in meeting goals, and appropriateness of modifying programs for the current planning period. Localities should make a specific effort to gather input from all segments of the community on the effectiveness of these programs and how to make adjustments moving forward.
● Assessment of Fair Housing: The assessment of fair housing requires various analyses such as segregation, integration, disparities in access to opportunity, and disproportionate housing needs.

Localities should reach out to fair housing organizations for any available data to complement readily available state or federal data.
● Potential Constraints on Housing for Persons with Disabilities: Localities should seek individuals and advocates for persons with disabilities to better identify barriers and promote access to fair housing choices. Examples of agencies to reach include independent living centers, regional centers for developmental services, information from institutions including jails and prisons, state hospitals, etc. Disability outreach should include place-based/neighborhood-based groups and senior groups, like area associations on aging and others, including those that serve distinct ethnic or linguistic communities.
● Policies and Actions: Specific outreach to all segments of the community will assist and strengthen policy formulation to result in meaningful actions that have a significant positive impact.

Assessment of Fair Housing
The housing element includes a housing needs assessment, which includes various requirements such as analysis of household characteristics (e.g., overpayment, overcrowding), housing conditions, and persons with special needs.46 These analyses, in turn, guide policy and action formulation. As part of the housing needs assessment, the element is now required to include an assessment of fair 45 Gov. Code, §§ 65583, subds. (c)(9), (10)(A)(i), 8899.50, subds. (a), (b), (c); see also AFFH Final Rule and Commentary (AFFH Rule), 80 Fed.

Reg. 42271, 42292-42297, 42353-42360 (July 16, 2015). See details in, for instance, 24 C.F.R. §§ 5.514(d)(6), 5.158 (2016). 46 Gov. Code, §§ 65583, subd. (c)(10)(A), 8899.50, subds. (a), (b), (c); see also AFFH Final Rule and Commentary (AFFH Rule), 80 Fed. Reg. 42271, 42348-42351, 42353-42360, esp. 42353-42354 (July 16, 2015).

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housing, including a summary of fair housing issues. A summary of fair housing issues is an essential step to informing and prioritizing contributing factors and, eventually, goals and actions.

A fair housing issue is a condition in a geographic area of analysis that restricts fair housing choice or access to opportunity, and includes such conditions as ongoing local or regional segregation or lack of integration, racially or ethnically concentrated areas of poverty and affluence, significant disparities in access to opportunity, disproportionate housing needs, and evidence of discrimination or violations of civil rights law or regulations related to housing.

Fair housing choice means that individuals and families have the information, opportunity, and options to live where they choose without unlawful discrimination and other barriers related to race, color, religion, sex, familial status, national origin, disability, or other protected characteristics. Fair housing choice encompasses: (1) Actual choice, which means the existence of realistic housing options; (2) Protected choice, which means housing that can be accessed without discrimination; and (3) Enabled choice, which means realistic access to sufficient information regarding options so that any choice is informed. For persons with disabilities, fair housing choice and access to opportunity include access to accessible housing and housing in the most integrated setting appropriate to an individual’s needs as required under federal civil rights law, including equitably provided disability-related services that an individual needs to live in such housing.

Examples:
● People with mobility impairments have actual choice when realistic housing options (e.g., units with accessible features) exist in their housing market area at an affordable cost. Persons with disabilities who are unable to use stairs or need a zero-step shower may not have actual housing choice without the presence of housing units with these accessibility features. ● People with lower incomes have actual choice when units that are affordable and well maintained exist in all parts of a jurisdiction and region.
● In order for families to have protected choice they need to access housing options without discrimination. In a 2016 housing discrimination study, researchers found that compared to households without children, households with children were shown slightly fewer units and were commonly told about units that were slightly larger, and as a result, slightly more expensive to rent. This differential treatment is considered discrimination and a type of steering, which occurs on a racial basis as well.47
● Households participating in the Housing Voucher Program have enabled choice when they are provided with sufficient information regarding their housing options so that any choice is informed.

For example, researchers found that, “if given the appropriate information and opportunities, more voucher families would move to better schools when their children reach school age.”48 47 For additional information see HUD’s December 2016 study, “Discrimination Against Families with Children in Rental Housing Markets:

Findings of the Pilot Study” available at: https://www.huduser.gov/portal/sites/default/files/pdf/HDSFamiliesFinalReport.pdf. 48 NYU Furman Center, “Why Don’t Housing Choice Voucher Recipients Live Near Better Schools? Insights from Big Data” published in June 2016 available at: https://furmancenter.org/research/publication/why-don8217t-housing-voucher-recipients-live-near-better-schoolsinsights-f.

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Analysis Requirements
An assessment of fair housing must consider the elements and factors that cause, increase, contribute to, maintain, or perpetuate segregation, racially or ethnically concentrated areas of poverty, significant disparities in access to opportunity, and disproportionate housing needs.49 Such an assessment would at least include all of the following components:50 ● Identification and Analysis of Patterns and Trends: First, the assessment should identify the conditions using either narration, data tables, maps or a combination of all three. See “Part 3: Resources” for sample data tables. The identification of conditions should spatially describe concentrations of all the assessment of fair housing components (e.g., fair housing enforcement and outreach, integration and segregation, racially or ethnically concentrated areas of poverty, disparities in access to opportunity, and disproportionate housing needs including displacement risk). Using the data tables and maps, the housing element must analyze differences in geographies. The analysis must address patterns at a regional and local level and trends in patterns over time.51 Patterns at a regional level must compare conditions at the local level to the rest of the region. This analysis should compare the locality at a county level or even broader regional level such as a Council of Government, where appropriate, for the purposes of promoting more inclusive communities. For localities near county borders, trends and patterns across county boundaries should be addressed. Patterns at a local level must address whether certain areas strongly differ from other areas and should utilize a data level (i.e., census tract or block group) that is most meaningful for this analysis. At minimum, the analysis should compare patterns from the most recent 5-Year American Community Survey and the prior 10-year census and could address trends over longer periods of time. The analysis should also examine differences in housing tenure (ownership vs. rental) among members of protected classes. ● Local Data and Knowledge: In addition to using federal or state level data sources, local jurisdictions are also expected to use local data and knowledge to analyze local fair housing issues, including information obtained through community participation or consultation, such as narrative descriptions of people’s lived experiences. Federal and state level data identify fair housing issues that exist within a community, but local data and knowledge can be especially important to developing an understanding of why the problems exist and why they persist. Using point-in-time federal and state level data sets alone to identify areas may misrepresent areas that are experiencing more current and rapid changes or may be primed to do so in the near future.

Also, federal and state data sets might not be available or could be less accurate at a smaller geography. For these reasons, an additional screen of local data and knowledge is necessary and should complement available federal and state data sources. There may be rare circumstances in which a jurisdiction has no local data or local knowledge for a particular topic and should include a statement that it has no local data or local knowledge it can use to address that particular assessment component.
49 Gov. Code, §§ 65583, subds. (c)(10)(A), (c)(10)(B), 8899.50, subds. (a), (b), (c); see also AFFH Final Rule and Commentary (AFFH Rule), 80 Fed.

Reg. 42271 (July 16, 2015). See also 24 C.F.R. §§ 5.150, 5.152, 5.154(a), (d)(2) (2016). 50 Gov. Code, §§ 65583, subds. (c)(10)(A), (c)(10)(B), 8899.50, subds. (a), (b), (c); see also AFFH Final Rule and Commentary (AFFH Rule), 80 Fed. Reg. 42271, 42274, 42282-42283, 42322, 42323, 42336, 42339, 42353-42360, esp. 42355-42356 (July 16, 2015). See also 24 C.F.R. §§

5.150, 5.154(b)(2) (2016).
51 Gov. Code, §§ 65583, subds. (c)(9), (c)(10), 8899.50, subds. (a), (b), (c); see also AFFH Final Rule and Commentary (AFFH Rule), 80 Fed. Reg. 42271; 24 C.F.R. §§ 5.150, 5.514(d)(6), 5.158 (2016).

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● Other Relevant Factors: A discussion of other relevant factors is an important piece of evaluating patterns and trends, policies and practices, and other factors that lead to fair housing conditions. Other relevant factors should consider information beyond data that identifies and compares concentrations of groups with protected characteristics. Examples of other relevant factors include changes and barriers in zoning and land use rules, information about past redlining/greenlining, patterns of institutionalization, restrictive covenants and other discriminatory practices, presence and history of place-based investment, mobility option patterns, and outreach and community engagement. Demographic trends can include population growth, age, housing tenure by protected characteristics, race, educational attainment, rates of homelessness, construction, and rent and sales prices. Policies and practices should include governmental barriers or lack of action, preservation of housing and development of new affordable housing, and addressing the needs of renters and unhoused or unstably housed people. This discussion should also incorporate the public participation process. Localities could engage the community around these patterns and trends to better identify policies and practices that led, or could lead, to less fair housing choice. This discussion should also include topics and information that complement the data at a regional and local level and sub-geographies within a locality. Other useful information could be the location and type of publicly assisted housing, such as housing financed with federal, state, and local financing. Trends related to housing choice vouchers can show patterns of concentration and integration to inform needed actions. Outcomes and policies related to inclusionary ordinances, general plans or specific plans can also be a good source of past practices to promote integration.
● Conclusions and Summary of Issues: A complete assessment must identify and summarize key issues to better identify and prioritize contributing factors to fair housing issues. An analysis will point to the clearest fair housing issue trends and patterns both within the jurisdiction and in comparison to the region, and will highlight the primary practices and other factors that have led to current conditions. In addition to utilizing the data and mapping resources, the jurisdiction must draw upon relevant and easily obtainable local data and knowledge when describing fair housing issues and trends. Local data may be more up-to-date and available at a more granular level. The summary of issues must be detailed and comprehensive enough so that later in the Assessment of Fair Housing it is clear what it would take for an action or program to not only address, but overcome and undo, the identified fair housing issues.

Data Sources and Using the Statewide AFFH
Data Viewer
The assessment of fair housing should use a variety of data, such as the U.S. Census, American Community Survey, local data and knowledge, and issues identified in the community participation process. Local data and knowledge refer to any locally gathered and available information, such as a survey with a reasonable statistical validity or usefulness for identifying contributing factors, policies, and actions. Localities must also collaborate with regional agencies to collect the appropriate data for the assessment of fair housing. For additional information on data sources see “Part 3: Resources.” ITEM 3- ATTACHMENT 4
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Examples of Common Zoning and Land Use Barriers Include:
● Lack of zoning for a variety of housing types throughout a jurisdiction such as multifamily, duplexes to fourplexes, group housing, transitional and supportive housing at a variety of need levels, shelters, single room occupancy, residential motels, mobilehomes, and accessory dwelling units ● Predominance of single family uses and larger lot sizes in racially concentrated areas of affluence ● Voter initiatives that restrict multifamily developments, rezoning to higher density, height limits or similar measures that limit housing choices
● Multifamily height requirements
● Minimum unit sizes
● Parking requirements
● Lack of new affordable housing choices in high resource areas ● Lack of anti-displacement policies, including nonet loss of units in the case of demolitions and replacement housing, and relocation ordinances
● Lack of incentives and other land use mechanisms to promote affordable housing throughout the community
● Excluding group homes or residential care (greater than six persons) from single family zones or excessive spacing/concentration requirements
● Family definitions or other occupancy requirements
● Nuisance or crime free ordinances or programs
● Ordinances prohibiting excessive use of city services ● Restrictive historic preservation districts
● Zoning that does not allow for residential uses in commercial zones ● Failure to allow supportive housing by right
● Failure to allow emergency shelters by right
● Lack of zoning on land appropriate for accessible development Examples of Common Investment Barriers Include:
● Lack of infrastructure investment, including community infrastructure such as parks, community amenities in lower resource areas, disadvantaged communities, and areas of concentrated poverty ● Lack of targeted housing preservation/conservation and tenant protection programs in areas at risk of displacement
● Lack of public (local, state, or federal) funds invested in the development of affordable housing ● Absence of housing choice vouchers
● Limited housing stock affordable to lower income households or households with special needs ● Lack of proactive outreach with developers of affordable housing and non-profit service providers ● Lack of proactive measures to assist maintenance and rehabilitation of existing housing ● Lack of multilingual tenant counseling or foreclosure assistance Barriers to AFFH
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AFFH Data Viewer: In addition to various data sources, HCD has developed a statewide AFFH Data Viewer. The AFFH Data Viewer assembles various data sources and provides options for addressing each of the components within the full scope of the assessment of fair housing. The AFFH Data Viewer may be utilized to address the data components of new requirements to affirmatively furthering fair housing but must be used in combination with other data such as local or regionally available data. The AFFH Data Viewer consists of map data layers organized by: 1) Fair Housing Enforcement and Outreach Capacity, 2) Segregation and Integration, 3) Disparities in Access to Opportunity, 4) Disproportionate Housing Needs, including Displacement Risks, 5) Racially and Ethnically Concentrated Areas of Poverty and Affluence and 6) Supplemental Data. The AFFH Data Viewer is intended to be useful to a broad audience, such as local and regional governments, and organizations involved in the housing element process. For more information, visit the HCD’s website at www.hcd.ca.gov/ community-development/affh/.

Incorporate HUD Assessment of Fair Housing into Housing Elements Generally, local jurisdictions that complete or revise an assessment of fair housing (AFH) or an analysis of impediments to fair housing choice (AI) pursuant to past federal requirements (prior to August 17, 2015) may incorporate relevant portions into the AFH portion of their housing element. This may include localities participating in a regional AI. For example, the housing element AFH may include various data points from their HUD AFH or AI, such as fair housing issues, analysis of patterns and trends, and identification of priorities that can be incorporated in concert with other data collection and analysis required in the housing element. Identification and prioritization of contributing factors to fair housing issues may also be useful as part of the housing element. However, incorporating these documents, particularly the analysis of impediments, may not meet all requirements or might include less relevant information than required for the housing element. For example, a regional HUD AI might not have relevant local data or contributing factors tailored to fair housing issues.

Information in a HUD AFH or AI may also be outdated or incomplete depending on how recently that information was prepared. Also, a HUD AI likely will not have the specific actions and programs that will be required in the housing element. The housing element must have programs with specific timelines, milestones, and metrics to ensure a meaningful impact. Local governments should seek to incorporate only the relevant portions in a manner that complements the analysis, identification of contributing factors and strategies and action. Jurisdictions may not simply add the HUD AFH or AI as an appendix, or place sections into the housing element without context or purpose, in lieu of engaging in the requisite analysis.52
Components of the Housing Element Assessment of Fair Housing53 An assessment of fair housing must identify and analyze patterns, trends, conditions, and practices that result in less fair housing choice and must address all of the following assessment components.

This section addresses each of the required components:

1. Summary of fair housing enforcement and outreach capacity;

2. Integration and segregation patterns, and trends related to people with protected characteristics;

3. Racially or ethnically concentrated areas of poverty; 52 Gov. Code, § 65583, subd. (c)(10)(B).
53 Gov. Code, §§ 65583, subd. (c)(10), 8899.50, subds. (a), (b), (c); see also AFFH Final Rule and Commentary (AFFH Rule), 80 Fed. Reg. 42271, 42353-42360 (esp. 42354-42356), 42361-42362 (July 16, 2015); 24 C.F.R. §§ 5.150, 5.152, 5.154(a), (b)(2), (d) (2016).

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4. Disparities in access to opportunity for people with protected characteristics, including persons with disabilities; and

5. Disproportionate housing needs within the jurisdiction, including displacement risk.

1. Fair Housing Enforcement and Outreach Capacity
Fair housing enforcement and outreach capacity relates to the ability of a locality and fair housing entities to disseminate information related to fair housing and provide outreach and education to assure community members are well aware of fair housing laws and rights. In addition, enforcement and outreach capacity includes the ability to address compliance with fair housing laws, such as investigating complaints, obtaining remedies, and engaging in fair housing testing. The summary should include (1) a listing of local, regional and state agencies and organizations active in the locality, (2) description of primary activities and capacity for each entity, including actions taken by the locality, such as provision of dedicated resources, (3) evaluation of impacts on protected characteristics and geographic trends, and (4) any additional relevant information about fair housing enforcement, outreach capacity, and resources in the jurisdiction and region affecting groups with other protected characteristics.54
This summary will provide valuable information for local jurisdictions to evaluate fair housing issues that exist within the community, highlighting needs for remediation of existing fair housing concerns.

Wherever possible, the summary should include a discussion of fair housing enforcement and outreach at a geographic level appropriate to better determine any locational trends—simply reporting information at a city-wide level will not fully display patterns and impacts on protected characteristics. Examples of appropriate geographic levels include census tracts, block groups, neighborhoods, housing development, or any other sub-section of a locality. Additionally, fair housing organizations and other non-profits that receive funding through the Fair Housing Initiatives Program are a valuable resource for information, trends, and patterns to tailor and complete an adequate summary of fair housing enforcement and outreach capacity. An adequate discussion of fair housing enforcement and outreach will provide the necessary background information that can be analyzed with other components of the assessment of fair housing and site inventory to better inform contributing factors, priorities, and meaningful actions.

This summary must address: 55
● Findings, lawsuits, enforcement actions, settlements, or judgments related to fair housing or civil rights;
● Compliance with existing fair housing laws and regulations; ● Fair housing enforcement and housing outreach capacity; and ● Conclusion and findings: Summary of fair housing issues related to enforcement and outreach capacity and relationship to other fair housing issue areas (e.g., segregation and integration, racially and ethnically concentrated areas of poverty, etc.). 54 Gov. Code, §§ 65583, subd. (c)(10), 8899.50, subds. (a), (b), (c); see also AFFH Final Rule and Commentary (AFFH Rule), 80 Fed. Reg. 42271, 42353-42360 (esp. 42354-42356), 42361-42362 (July 16, 2015). 55 Gov. Code, §§ 65583, subd. (c)(10), 8899.50, subds. (a), (b), (c); AFFH Final Rule and Commentary (AFFH Rule), 80 Fed. Reg. 42271, 42353- 42360 (July 16, 2015); 24 CFR § 5.154 (2016).

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Findings, Lawsuits, Enforcement Actions, Settlements or Judgments Related to Fair Housing and Civil Rights
This section lists and summarizes legal actions that have or have not been resolved, including a charge or letter of finding from HUD concerning a violation of a civil rights-related law, a cause determination from the Department of Fair Employment and Housing (DFEH) or local fair housing agency concerning a violation of a state or local fair housing law, a letter of findings or notice of violation issued by HCD, or a letter of findings issued by or lawsuit filed or joined by the U.S. Department of Justice or the State of California Department of Justice, Office of the Attorney General, alleging a pattern or practice or systemic violation of a state and/or federal fair housing or civil rights law, or a claim under the False Claims Act related to fair housing, nondiscrimination, or civil rights generally, including an alleged failure to affirmatively further fair housing.

Compliance with Existing Fair Housing Laws and Regulations The element should include a description of state and local fair housing laws and how the locality complies with those laws.

Examples of state fair housing laws include:
● California Fair Employment and Housing Act (FEHA) (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2)
● FEHA Regulations (California Code of Regulations (CCR), title 2, sections 12005-12271) ● Government Code section 65008 covers actions of a city, county, city and county, or other local government agency, and makes those actions null and void if the action denies an individual or group of individuals the enjoyment of residence, landownership, tenancy, or other land use in the state because of membership in a protected class, the method of financing, and/or the intended occupancy.
» For example, a violation under Government Code section 65008 may occur if a jurisdiction applied more scrutiny to reviewing and approving an affordable development as compared to market-rate developments, or multifamily housing as compared to single family homes. » Government Code section 65008, subdivision (e), authorizes preferential treatment of affordable housing ● Government Code section 8899.50 requires all public agencies to administer programs and activities relating to housing and community development in a manner to affirmatively further fair housing and avoid any action that is materially inconsistent with its obligation to affirmatively further fair housing.
● Government Code section 11135 et seq. requires full and equal access to all programs and activities operated, administered, or funded with financial assistance from the state, regardless of one’s membership or perceived membership in a protected class. ● Density Bonus Law (Gov. Code, § 65915.)
● Housing Accountability Act (Gov. Code, § 65589.5.)
● No-Net-Loss Law (Gov. Code, § 65863)
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● Least Cost Zoning Law (Gov. Code, § 65913.1)
● Excessive subdivision standards (Gov. Code, § 65913.2.) ● Limits on growth controls (Gov. Code, § 65302.8.)
● Housing Element Law (Gov. Code, § 65583, esp. subds. (c)(5), (c)(10).) Examples of local fair housing laws include:
● San Francisco’s “No Eviction without Representation Act” which provides eligible tenants who have received an eviction notice, or been served with an unlawful detainer (eviction) lawsuit, free legal representation.
● Local rent control or rent freezes
● Voter initiatives to fund affordable and/or supportive housing ● Local ordinances that limit rent increases and limit late fees ● Ordinances facilitating community land trusts and tenant opportunities to purchase their multifamily housing ● Local ordinances designed to prevent displacement of mobilehome residents ● Local relocation ordinances
● Local ordinances that prohibit unlawful harassment of tenants including things such as illegal lockouts, utility shutoffs, and removing tenants’ belongings from the unit. ● The City of Oakland’s tenant protection ordinance which makes it illegal for landlords to misrepresent or conceal material facts related to a tenant vacating ● Inclusionary ordinances
● Laws/regulations or agreements related to the use of local housing funds ● Eviction protection ordinances enacted to protect renters during the COVID-19 pandemic and rental relief programs to protect tenancies that accumulated rental debt during the pandemic

2. Integration and Segregation Patterns and
Trends Related to People with Protected Characteristics and Lower Incomes
To inform priorities, policies, and actions, the housing element must include an analysis of integration and segregation, including patterns and trends, related to people with protected characteristics.56 Importantly, the analysis must address both integration and segregation to holistically evaluate the patterns and practices and better identify and prioritize contributing factors to fair housing issues.57 A strong analysis would also address segregation and integration of households with lower incomes.58 56 Gov. Code, §§ 65583, subd. (c)(10), 8899.50, subds. (a), (b), (c); see also AFFH Final Rule and Commentary (AFFH Rule), 80 Fed. Reg. 42271, 42305, 42336, 42353-42360 (July 16, 2015); 24 C.F.R. § 5.152 (2016). 57 Gov. Code, §§ 65583, subd. (c)(10), 8899.50, subds. (a), (b), (c); see also AFFH Final Rule and Commentary (AFFH Rule), 80 Fed. Reg. 42271, 42305, 42336, 42353-42360 (July 16, 2015); 24 C.F.R. §§ 5.152, 5.154 (2016). 58 Gov. Code, §§ 65008, 65583 [“shall make adequate provision for the existing and projected needs for all economic segments of the community] and subd. (c)(10), 8899.50, subds. (a), (b), (c); see also AFFH Final Rule and Commentary (AFFH Rule), 80 Fed. Reg. 42271, 42305, 42336, 42353-42360 (July 16, 2015); 24 C.F.R. §§ 5.152, 5.154 (2016).

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Defining Integration and Segregation
Integration generally means a condition in which there is not a high concentration of persons of a particular race, color, religion, sex, familial status, national origin, or having a disability or a particular type of disability when compared to a broader geographic area.

Segregation generally means a condition in which there is a high concentration of persons of a particular race, color, religion, sex, familial status, national origin, or having a disability or a type of disability in a particular geographic area when compared to a broader geographic area.

The analysis must address areas of ongoing and concentrated segregation and integration and compare concentrations of protected characteristics and incomes at both a regional and local level.59 The analysis should consist of comparisons using data tables or maps. To compare, the analysis should discuss the degrees of segregation and integration for protected characteristics and incomes.

At minimum, the analysis must discuss levels of segregation and integration for race and ethnicity, income, familial status, persons with disabilities, and identify the groups that experience the highest levels of segregation. 60
Data Considerations
Two quantitative metrics can be used to analyze the relative extent of racial and ethnic segregation in entitlement jurisdictions for federal housing programs.61 These are known as the dissimilarity index and the isolation index. The dissimilarity index is a primary quantitative metric used for identifying patterns of geographic segregation. The isolation index, another quantitative metric for identifying patterns of geographic segregation, compares a group’s share of the overall population to the average share within a given sub-area (such as block group). Data to calculate dissimilarity index and isolation index are available at the Census Tract or block group level from the American Community Survey:
https://www.census.gov/programs-surveys/acs/data.html. Smaller jurisdictions may wish to utilize block group level data to better capture trends and patterns. Additional sources and approaches include the Entropy Index, the Divergency Index and the Exposure Index. For more information on formulas, see “Part 3: Resources.”
Identifying Dissimilarity at a Regional Level: To determine dissimilarity at a regional level, data tables or maps should be utilized to compare the locality to the broader region. See “Part 3: Resources” for sample data tables.

Identifying Dissimilarity at a Local Level: To determine dissimilarity or isolation at a local level, the housing element should identify and compare indices across census tracts, block group or some 59 Gov. Code, §§ 65583, subd. (c)(10), 8899.50, subds. (a), (b), (c); see also AFFH Final Rule and Commentary (AFFH Rule), 80 Fed. Reg. 42271, 42305, 42336, 42353-42360 (July 16, 2015); 24 C.F.R. §§ 5.152, 5.154 (2016). 60 Gov. Code, § 8899.50; 24 C.F.R. 51.154(d) (2016); see also AFFH Final Rule and Commentary (AFFH Rule), 80 Fed. Reg. 42271, 42284-42285 (July 16, 2015).
61 HUD. (2013). AFFH Data Documentation. Available at: http://www.huduser.org/portal/publications/pdf/FR-5173-P-01_AFFH_data_ documentation.pdf; Glaeser, E. and Vigdor, J. (2001). Racial Segregation in the 2000 Census: Promising News. Washington, DC: The Brookings Institution, Center on Urban and Metropolitan Policy. Available at: https://www.brookings.edu/wp-content/uploads/2016/06/ glaeser.pdf
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other geography at a level that best highlights patterns of segregation and integration. Data tables or maps may be utilized.

Identifying Dissimilarity for Lower Income Households: Using readily available data, local jurisdictions should map concentrations of low- and moderate-income (LMI) households within the community. Particularly for smaller jurisdictions with relatively few Census Tracts, this tool can enhance understanding of where there are pockets of concentrated low and moderate-income households within the community, because data are available at the block group level.

Data for this analysis are available in the form of HUD Low and Moderate Income Summary Data (LMISD), based on the American Community Survey (2011-2015). The data are available at the block group level from the following website: https://www.hudexchange.info/programs/acs-low-mod-summary-data/acs-low-mod-summary-data-block-groups-places/ The data file includes records for each block group with a calculation of the percentage of households that are LMI.

The LMISD data for the local jurisdiction can be thematically mapped to show the block groups where there are high concentrations of LMI households. Local jurisdictions should use this tool as part of the needs assessment to understand where there are concentrations of lower-income households within the community and identify the need for housing element policies and programs that can help to better distribute households of all income levels across the community. This can also highlight the need for housing element policies and programs that can help to provide better access to opportunity for households that live in areas where there are high concentrations of lower-income households.

This map can be overlaid with R/ECAP maps to identify areas where there are concentrations of LMI households as well as higher levels of segregation. Because the block group data available for this tool enables a more fine-grained geographic analysis of patterns low-income concentration and racial/ethnic segregation, this approach may be particularly useful in jurisdictions with relatively low populations spread across small numbers of census tracts where tools that rely on data only available at the census tract level may not provide sufficient resolution for meaningful analysis (e.g., see R/ ECAP tool, below).

3. Racially & Ethnically Concentrated Areas of Poverty (R/ECAP) The housing element must include an analysis of racially and ethnically concentrated areas of poverty.62 A strong analysis will separately evaluate significant concentrations of poverty and concentrations of Black, Indigenous and people of color (BIPOC) populations. The analysis must be conducted at a regional and a local level where the incidence of concentrated areas of poverty is discussed relative to the region and within the locality. 63 Importantly, this regional comparison should discuss the incidence of racial concentrations in areas of affluence. For example, a jurisdiction might not have areas of concentrated poverty, but have areas of affluence or vice versa, which might be unique when compared to the rest of the region. Identifying this difference between the locality and the region 62 Gov. Code, §§ 65583, subd. (c)(10), 8899.50, subds. (a), (b), (c); see also AFFH Final Rule and Commentary (AFFH Rule), 80 Fed. Reg. 42271, 42305, 42336, 42353-42360 (July 16, 2015); 24 C.F.R. §§ 5.152, 5.154(c) (2016). 63 Gov. Code, §§ 65583, subd. (c)(10), 8899.50, subds. (a), (b), (c); see also AFFH Final Rule and Commentary (AFFH Rule), 80 Fed. Reg. 42271, 42771, 42273, 42275, 42338-42342 (July 16, 2015); 24 C.F.R. §§ 5.152, 5.154(d), 5.156(d) (2016).

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is an essential part of evaluating policies, practices and investments to better identify and prioritize contributing factors to fair housing issues. The analysis should evaluate the patterns and changes over time and consider other relevant factors, such as public participation, past policies, practices, and investments and demographic trends.

Data Considerations
R/ECAP: To assist communities in identifying racially and ethnically concentrated areas of poverty (also known as R/ECAPs), HUD developed a definition that relies on a racial and ethnic concentration threshold, as well as a poverty test. For an area to be identified as having a racial and ethnic concentration, the threshold is that a RCAP or ECAP have a non-White population of 50 percent or more, within metropolitan or micropolitan areas. In locations outside these areas, where the non-White populations are likely to be much smaller than 50 percent, the threshold is set at 20 percent. The poverty test defines areas of “extreme poverty” as those where 40 percent or more of the population lives at or below the federal poverty line, or those where the poverty rate is three times the average poverty rate in the metropolitan area, whichever is less. An area that meets either the racial or ethnic concentration and also meets the poverty test would be considered a RCAP or ECAP; broadly referred to as R/ECAPs.

The R/ECAP database is available online at:
https://hudgis-hud.opendata.arcgis.com/datasets/56de4edea8264fe5a344da9811ef5d6e_0.

TCAC/HCD Opportunity Map: The High Segregation & Poverty category in the TCAC/HCD Opportunity Area Map may also be used in identifying R/ECAPS and is available online at:
https://www.treasurer.ca.gov/ctcac/opportunity.asp
Much like the R/ECAP, the High Segregation and Poverty category uses an absolute threshold for poverty. However, instead of a threshold for race, the TCAC/HCD approach uses a location quotient for racial segregation. The poverty threshold is 30 percent of the population living below the poverty line and the location quotient is essentially a measure of the concentration of race in a small area compared to a county level.

Local jurisdictions can use the HUD data to map or the TCAC/HCD Opportunity Area Map for High Segregation and Poverty to identify and analyze the presence of R/ECAPS in their community.

Racially Concentrated Areas of Affluence: In addition to identifying and analyzing racially and ethnically concentrated areas of poverty, an analysis should also consider concentrated areas of affluence to better evaluate trends, patterns, policies, and practices and to guide meaningful goals and actions to address fair housing issues. In response to the R/ECAPs utilized by HUD in its 2015 AFFH rule, scholars at the University of Minnesota Humphrey School of Public Affairs have created the Racially Concentrated Areas of Affluence (RCAAs) metric to more fully tell the story of segregation in the United States.64 Based on their research, RCAAs are defined as census tracts where 1) 80 percent or more of the population is white, and 2) the median household income is $125,000 or greater (slightly more than double the national the median household income in 2016). While this is a useful measure nationwide, HCD has adjusted the RCAA methodology to better reflect California’s relative diversity. 64 Goetz, E. G., Damiano, A., & Williams, R. A. (2019). Racially Concentrated Areas of Affluence: A Preliminary Investigation. Cityscape: A Journal of Policy Development and Research, 21(1), 99–124.

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HCD’s version of the RCAA map and accompanying data can be accessed using the AFFH Data Viewer, and HCD encourages jurisdictions to use this metric as they prepare their R/ECAP analysis.

When analyzing patterns and trends of segregation and proposing policy approaches, localities should not only focus on communities of color. Segregation is a continuum, with polarity between race, poverty, and affluence, which can be a direct product of the same policies and practices. To better evaluate these conditions, both sides of the continuum should be considered and compare patterns within the community and across the region. This more holistic approach will better unveil deeply rooted policies and practices and improve identification and prioritization of contributing factors to inform more meaningful actions.

Local jurisdictions should use this information to understand where there are racial/ethnic concentrations of poverty and affluence as a starting point. A complete analysis will then address the trends, patterns, policies, practices, and conditions in combination with other relevant factors to summarize issues and better inform goals and actions.

4. Disparities in Access to Opportunity65
The housing element must identify and analyze significant disparities in access to opportunity. While the analysis can consider indices of various access to opportunity variables, it must also independently address access to opportunity variables. For example, the analysis may evaluate total access to opportunity (e.g., high, moderate, low), but must also individually address access to opportunity for education, transportation, economic development, and environment. This more complete understanding of what types of disparities in access to opportunity exist for what populations and in what geographies is necessary to identify and prioritize contributing factors to fair housing issues and formulation of goals and actions. This analysis must be conducted at a regional and local level and should address substantial differences in access to education, transportation, economic, environment and other important opportunities based on socio-economic characteristics (e.g., race, income, familial status, disability, income, poverty). Patterns over time should be discussed as well as policies, practices, and investments that affect access to opportunity. Local data and knowledge and other relevant factors must be considered, including incorporating public outreach and targeted community engagement. This analysis is a key opportunity to engage residents to learn what they want/need, but lack access to, as well as essential community assets to preserve.

What is Access to Opportunity?
Access to opportunity is a concept to approximate place-based characteristics linked to critical life outcomes. Access to opportunity oftentimes means both improving the quality of life for residents of low-income communities, as well as supporting mobility and access to ‘high resource’ neighborhoods. This encompasses education, employment, economic development, safe and decent housing, low rates of violent crime, transportation, and other opportunities, including recreation, food and healthy environment (air, water, safe neighborhood, safety from environmental hazards, social services, and cultural institutions). 65 Gov. Code, §§ 65583, subd. (c)(10), 8899.50, subds. (a), (b), (c); see also AFFH Final Rule and Commentary (AFFH Rule), 80 Fed. Reg. 42271, 42305, 42338, 42336, 42353-42360 (July 16, 2015).

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Housing Element Access to Opportunity Analysis
Through maps, data tables and discussion, the access to opportunity analysis must address the following opportunity variables: education, transportation, economic, environment, and other factors.

For educational opportunities, the analysis should, at minimum:
● Describe any differences amongst schools within a jurisdiction and whether access to more proficient schools has any patterns across protected characteristics (e.g., race and ethnicity, familial status, persons with disabilities);
● Analyze the proximity of proficient and less proficient schools to areas of segregation and racial and ethnic concentrated areas of poverty; and
● Evaluate the presence or lack of policies, practices, and investment to promote access to more proficient schools or that contribute to a disparity in access to opportunity.

For employment opportunities, the analysis should, at minimum:
● Describe any disparities in access to jobs by protected groups; ● Address where protected groups live and how that affects their ability to obtain a job; and ● Evaluate employment trends by protected groups.

For transportation opportunities, the analysis should, at minimum:
● Compare concentrations of protected groups with access to transportation options; ● Assess any disproportionate transportation needs for members of protected classes; and ● Analyze combined housing and transportation cost impacts on protected groups.

For access to a healthy environment, the analysis should, at a minimum:
● Describe any disparities in access to environmentally healthy neighborhoods by protected class groups;
● Consider available statewide data such as CalEnviroScreen at https://oehha.ca.gov/calenviroscreen/report/calenviroscreen-30; ● Evaluate consistency with the environmental justice element; and ● Discuss policies, practices and investments that impact access to environmentally healthy neighborhoods.

Additional factors to consider in the analysis should, at minimum:
● Patterns in Disparities in Access to Opportunity
» Identify and discuss any overarching patterns of access to opportunity for members of protected classes, including trends over time; » Identify areas that experience an aggregate of poor access to opportunity; and » Include how these patterns compare to patterns of segregation and R/ECAPs.

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● Additional Information
» Provide additional relevant information, including local data and knowledge and community input, about disparities in access to opportunity in the locality and relative to the region.

Data Considerations
In collaboration, the California Tax Credit Allocation Committee (TCAC) and HCD developed the TCAC/HCD Opportunity Maps, a mapping tool that identifies areas of higher and lower resources to evaluate access to opportunity. The tool maps areas of highest resource, high resource, moderate resource, moderate resource (rapidly changing), low resource and high segregation and poverty.

Note: The moderate resource (rapidly changing) designation is still being evaluated to understand its efficacy at predicting future trends. The tool may be utilized to identify areas of high and low resources to address this analysis and is available at:
https://www.treasurer.ca.gov/ctcac/opportunity.asp
The TCAC/HCD Opportunity Maps can help to identify areas within the community that provide good access to opportunity for residents or, conversely, provide low access to opportunity. They can also help to highlight areas that are rapidly changing (potentially creating risk of displacement for lower-income households) and areas where there are high levels of segregation and poverty.

The information from the opportunity mapping can help to highlight the need for housing element policies and programs that would help to remediate conditions in low resource areas and areas of high segregation and poverty and to encourage better access for LMI and BIPOC households to housing in high resource areas.

Disparities in Access to Opportunity for Persons with Disabilities An analysis of disparities in access to opportunity must specifically address the housing and community development needs of persons with disabilities. According to the U.S. Census Bureau, over four million Californians have a disability. Health and safety are directly linked to housing, and yet, many people with disabilities face enormous barriers in finding suitable housing to accommodate their needs. Additionally, because people with disabilities have faced a history of institutionalization–in state hospitals, developmental centers, jails and prisons, etc. – ensuring that appropriate community-based housing with appropriate supports exists is critical. People with disabilities are also overrepresented in the unhoused population and any solutions related to homelessness must address appropriate accommodations and accessibility. Critically, there are significant disparities by race within the population with disabilities, so jurisdictions should engage in an intersectional analysis of needs. The assessment should consider the unique needs and barriers faced by persons with disabilities and whether persons with disabilities are able to access housing choices and services in an integrated community-based setting. Examples include accessibility features for housing, transportation, education, jobs and other types of community elements to enable fair housing choices.

Disability types include hearing difficulty, vision difficulty, cognitive difficulty, ambulatory difficulty, self-care difficulty, and independent living difficulty.

Data and factors to consider in an analysis of access to opportunity for persons with disabilities could include:

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● Prevalence of Disability by Type (e.g., vision, hearing, cognitive, ambulatory, self-care and independent living) ● Disability by Age Group
● Disability by Race/Ethnicity/National Origin
● Assessment of Supportive Housing Stock and Other Housing Stock Including Group Homes, Homes for People with Intellectual or Developmental Disabilities and Mental Health Disabilities ● Assessment of Accessibility of Homelessness Programs and Coordinated Entry System ● General or Estimated Number of “Covered Multifamily Dwellings” – Adaptable Units under the Fair Housing Act66
» Federal law triggers specific accessibility requirements in fourplex and larger developments with covered multifamily dwellings.
● Estimated Number of Units with Mobility and Communication Accessibility Features under California Building Code Ch. 11B for public housing projects67 – housing provided by, for, or on behalf of a public entity, or as part of a public entity’s program to provide housing » 5 percent of these units are required to have mobility features, 2 percent of the units are required to have communication features regardless of first occupancy date or number of units in a building, including multistory dwellings and single-family dwellings. Note: Jurisdictions should consider higher requirements commensurate with identified need. ● Estimated Number of Multifamily Units pursuant to Government Code section 12955.1(b) » 10 percent of units in multifamily buildings without elevators consisting of three or more rental units or four or more condominium units are subject to accessibility building standards.

To address the housing needs of persons with disabilities and better inform the formulation of policies and actions, the analysis should include, where available: (1) data tables to evaluate trends, magnitude of needs relative to disability at a local, regional and state level (see Resources section for sample tables), (2) maps to analyze spatial patterns relative to accessibility features and services, in comparison to racial and ethnically concentrated areas of poverty, (3) housing accessibility, such as the dispersion of housing choices and zoning to encourage a variety of housing types, (4) efforts to integrate persons with disabilities into community based settings, and (5) a discussion of disproportionate housing needs, including policies and practices such as zoning barriers and gaps, disparities in access to accessibility features, services, resources and strategies, including geographically. Examples of data sources include U.S Census and American Community Survey. When evaluating spatial patterns, an analysis should address whether persons with disabilities are concentrated or integrated throughout the jurisdiction and region and if there are any geographic patterns for persons with disabilities by age.
66 The Fair Housing Act requires all "covered multifamily dwellings" designed and constructed for first occupancy after March 13, 1991 to be accessible to and usable by people with disabilities. Covered multifamily dwellings are all dwelling units in buildings containing four or more units with one or more elevators, and all ground floor units in buildings containing four or more units, without an elevator. Federal regulations adopted by the Department of Housing and Urban Development at 24 C.F.R. § 100.201 define covered multi-family dwellings. 67 California Building Code Chapter 11B covers public housing and generally meets 2010 Americans with Disabilities Act Standards, Fair Housing Act requirements when applicable by requiring adaptability features of FHA to other covered multifamily dwelling units if built for first occupancy as housing on or after March 13, 1991.

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This disparities analysis for people with disabilities may be included in the disparities in access to opportunity section, segregation and integration section, as part of the section of the housing element that addresses the housing needs of persons with special needs, or in the specific analysis required on potential constraints on housing for persons with disabilities. Additionally, the analysis must go beyond simply identifying and removing barriers and constraints. The analysis should discuss resources and strategies to encourage housing options and access to opportunity to better inform meaningful and proactive goals and actions to address the housing and community development needs of persons with disabilities.

Common Zoning Barriers for Persons with Disabilities
● Reasonable Accommodation Procedure: The lack of a procedure to address disability issues is one of the most prominent zoning barriers because a strong process can be utilized to provide exception to zoning and land use policies that impact housing choices and livability for persons with disabilities. Other common issues with reasonable accommodation procedures include excessive findings of approval, burden on applicants to prove the need for exception, application costs, and discretionary approvals.
● Family Definition: Family definitions in zoning or other land use related documents can directly impact housing choices for persons with disabilities, particularly group home situations. Examples of common elements in family definitions that have an exclusionary effect include regulating the number of people, or requiring occupants to be related or under one lease agreement. ● Excluding Group Homes: Excluding group homes, community or residential care homes for seven or more persons, or subjecting these homes to a conditional use permit in single family zones acts as a barrier to housing choice for persons with disabilities. ● Spacing Requirements: Excessive spacing requirements, such 500 feet or more, between group homes or community or residential care facilities can have a direct impact on the supply of housing choices. ● Unit Types and Sizes: The lack of multifamily housing or zoned capacity for multifamily and a variety of sizes from efficiency to four or more bedrooms can constrain the ability of persons with disabilities to live in a more integrated community setting. ● Lack of Accessible Accessory Dwelling Units (ADUs): ADUs can provide an important housing choice for persons with disabilities or care providers, including independent and integrated living patterns.
● Nuisance and Crime Free Ordinances: Ordinances that can be used or have the effect of disproportionately targeting persons with disabilities. ● Lack of By Right Zoning for Supportive Housing: By right zoning for supportive housing can result in more objective processes that are less likely to discriminate or have the effect of discriminating against persons with disabilities.

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5. Disproportionate Housing Needs, Including Displacement The housing element must include an assessment of disproportionate housing needs, including displacement risk, on people with protected characteristics and households with low incomes. This analysis is important to understand how some groups of persons experience severe housing needs when compared to other populations within a local level and when compared to a region. Particularly important to this analysis is local data and knowledge, since some areas could be impacted by market conditions that put households at risk of displacement, or pending or upcoming planning decisions may exacerbate displacement risk.

Disproportionate Housing Needs generally refers to a condition in which there are significant disparities in the proportion of members of a protected class experiencing a category of housing need when compared to the proportion of members of any other relevant groups, or the total population experiencing that category of housing need in the applicable geographic area. For purposes of this definition, categories of housing need are based on such factors as cost burden and severe cost burden, overcrowding, homelessness, and substandard housing conditions.

At minimum, the analysis must address:
● Cost Burden and Severe Cost Burden: Cost burden is the fraction of a household’s total gross income spent on housing costs. There are two levels of cost burden: (1) “Cost Burden” refers to the number of households for which housing cost burden is greater than 30 percent of their income; and (2) “Severe Cost Burden” refers to the number of households paying 50 percent or more of their income for housing. This analysis must address the burdens on both owners and renters (tenure).
● Overcrowding: Households having more than 1.01 to 1.5 persons per room are considered overcrowded and those having more than 1.51 persons per room are considered severely overcrowded. The person per room analysis excludes bathrooms, porches, foyers, halls, or half-rooms. This analysis must address the overcrowding on both owners and renters. ● Substandard Housing: As defined by the U.S. Census, there are two types of substandard housing problems: (1) Households without hot and cold piped water, a flush toilet and a bathtub or shower; and (2) Households with kitchen facilities that lack a sink with piped water, a range or stove, or a refrigerator. Given the limits of this measure, the analysis must incorporate local data and knowledge, such as housing conditions surveys or code enforcement activities. ● Homelessness: Includes individuals or families who lack or are perceived to lack a fixed, regular, and adequate nighttime residence, or who have a primary nighttime residence in a shelter, on the street, in a vehicle, or in an enclosure or structure that is not authorized or fit for human habitation. People experiencing homelessness are vulnerable to violence and criminalization due to their unhoused status.

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The analysis should address these factors for protected characteristics and at least race and ethnicity, familial status, persons with disabilities and incomes. The analysis may use data tables or maps and at least must compare the locality to the broader region and the sub-geographies within the locality.

Other considerations for the analysis include:
● Identifying the protected groups (e.g., race/ethnicity, familial status, persons with disabilities and income) that experience higher rates of housing cost burden, overcrowding, homelessness, or substandard housing when compared to other groups);
● Discussing the areas of a locality that experience the greatest disproportionate housing needs and any coincidence with protected groups;
● Comparing the needs of families with the availability of housing stock with two and three or more bedrooms; and,
● Evaluating significant disparities relative to other factors such as renter and owner rates.

Displacement
Shifts in neighborhood composition are often framed and perpetuated by established patterns of racial inequity and segregation. Neighborhood change is influenced by three processes: movement of people, public policies and investments, such as capital improvements and planned transit stops, and flows of private capital (Zuk et al 2015)68. These processes can disproportionally impact people of color, as well as lower income households, persons with disabilities, large households, and persons at-risk or experiencing homelessness. These processes can also displace people to the extent of homelessness. An assessment of displacement within a city should address these three processes and their mutual dependencies, particularly as mediated by race and scale. For the purposes of this guidance, displacement is used to describe any involuntary household move caused by landlord action or market changes. Displacement is fueled by a combination of rising housing costs, rising income inequality, stagnant wages, and insufficient market-rate housing production (Been, Ellen, & O’Regan 2018)69. Decades of disinvestment in low-income communities, coupled with investor speculation, can result in a rent gap or a disparity between current rental income of the land, and potentially achievable rental income if the property is converted to its most profitable use.

Displacement can broadly be understood to be caused by disinvestment, investment-fueled gentrification, or a process combining the two. Low-income neighborhoods experience displacement due to disinvestment resulting from both public and private sector decisions. Similarly, both public and private investments fuel displacement by attracting residents with higher incomes and higher educational attainments into low-income communities (Chapple 2020).70 These forces can cause both physical displacement, preventing low-income communities of color from benefiting from the new economic growth; cultural displacement, as cultural resources disappear and communities are disrupted; and/or exclusionary displacement, with increasing housing prices preventing the entrance of low-income households (Cash et al. 2020).71
68 Zuk, M., et al. (2015). Gentrification, Displacement, and the Role of Public Investment. Federal Reserve Bank of San Francisco, 32. 69 Been, V., Ingrid, E., & O’Regan, K. (2019). Supply Skepticism: Housing Supply and Affordability. Housing Policy Debate, 29(1), 25-40. 70 Chapple, K. (2020). “On the Brink of Homelessness: How the Affordable Housing Crisis and the Gentrification of America Is Leaving Families Vulnerable.” Written statement for the record before the House Financial Services Committee, Washington DC: January 14, 2020. https:// docs.house.gov/meetings/BA/BA00/20200114/110362/HHRG-116-BA00-Wstate-ChappleK-20200114.pdfDesmon 71 Cash, Anna et al. (2019). Building a National Narrative of Anti-Displacement Strategies: Key Takeaways From SPARCCC Regions. Urban Displacement Project, University of California, Berkeley.

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Disinvestment-driven Displacement: Historically, low-income communities in California with large populations of people of color have received fewer public sector investments in infrastructure, impacting everything from parks and schools to streets and sewers. Racially exclusionary housing policies and limited access to credit have limited and shaped private-sector investments in the same communities with lasting impact on homeownership and intergenerational wealth building (Trounstine 2018).72 Together, these forms of neighborhood disinvestment can lead to displacement of lowand moderate-income communities and communities of color. Disinvestment-fueled displacement can occur when the value of a property does not justify investing in its maintenance, often resulting in abandonment and decay (Zuk et al 2015).73 These displaced residents can often endure “hypermobility” when forced moves to substandard housing compel them to rapidly move again, creating a destructive cycle of housing instability (Desmond et al. 2015).74 Investment-driven Displacement: Displacement can take place as a neighborhood undergoes a process of gentrification, particularly within the context of the increasing desirability of housing in urban cores. Often following decades of disinvestment, a flood of public and private sector investments can lead to real estate speculation, improvements in transit access, and changes in land use.

While these investments and changes can be positive, they are also associated with displacement, as historic residents cannot afford to stay and benefit from investments in housing, transit infrastructure, and access to healthy foods. Studies of gentrification and investment-driven displacement consistently describe a pattern of whiter, wealthier, and more educated residents moving into historically disinvested neighborhoods, matching an outflow of poorer renters of color displaced by rising residential rents (Zuk et al. 2015).75 The foreclosure crisis contributed to making low-income communities vulnerable to gentrification and displacement. In these communities, disproportionate levels of predatory subprime lending resulted in waves of foreclosures, leaving the neighborhoods vulnerable to investors looking to purchase and flip homes. This displacement has been financed by banks, private equity, and Wall Street firms.

Capital providers often work with real estate speculators and serial evictor corporate landlords who purchase properties with the intention of evicting tenants and small businesses.

Gentrification: A process of neighborhood change that includes economic change in a historically disinvested neighborhood —by means of real estate investment and new higher-income residents moving in - as well as demographic change - not only in terms of income level, but also in terms of changes in the education level or racial make-up of residents.76 72 Jessica Trounstine, Segregation By Design: Local Politics and Inequality in American Cities. (Cambridge University Press, 2018). 73 Zuk, M., et al. (2015). Gentrification, Displacement, and the Role of Public Investment. Federal Reserve Bank of San Francisco, 32. 74 Desmond, M., Gershenson, C., & Kiviat, B. (2015). Forced Relocation and Residential Instability among Urban Renters. Social Science Review 89(2). 237-262.
75 Zuk, M., et al. (2015). Gentrification, Displacement, and the Role of Public Investment. Federal Reserve Bank of San Francisco, 32. 76 Gentrification Explained | Urban Displacement Project ITEM 3- ATTACHMENT 4
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Disaster-driven Displacement: The geologic and climate forces that have helped shape California’s natural beauty also make the state susceptible to environmental disasters and their ensuing potential for displacement. California’s recent history has shown that environmental disasters such as wildfires, earthquakes and floods can be significant causes of displacement, and that climate change is accelerating the risk from such disaster events. The risk of climate disaster can also put pressure on lower income communities as wealthy people seek to relocate to safer locations. An analysis should address the potential displacement from local environmental hazards. Jurisdictions should make reference to their Local Hazard Mitigation Plan, Safety Element, Environmental Justice Element, and any recent locally available hazard data in detailing the types of environmental hazards present in the community, the location of high hazard risk areas in the community, and what type of populations live in those areas of heightened hazard risk. FEMA flood maps are a good starting point for assessing flood risk, but jurisdictions are encouraged to utilize any more recent local flood risk data available, as FEMA flood maps can oftentimes be outdated and fail to account for climate change.77 Addressing disaster risk is not a justification for furthering segregation, and policies that seek to address this risk should include strategies that mitigate the risk of displacement and exclusion.

In this analysis, jurisdictions should make note of potential impacts of disasters on protected classes and low-income residents, particularly low-income renter populations. Research has shown that low-income renter populations are disproportionately exposed to environmental hazards and that housing tenure is a telling determinant of social vulnerability to disasters.78 Renters bear the brunt of the existing affordable housing shortage, and their adaptive capacity to cope and recover from the impacts of environmental hazards may be reduced due to systemic inequities and limited resources.

Furthermore, renters also face the added physical challenges because they do not control the housing units they live in, and are more likely to be displaced post-disaster because of the following forces:
● Lack of control of when or if their housing unit will be rebuilt ● Lack of control of the maintenance or possible addition of resilience investments to the property ● Fewer financial resources to rebuild rental housing than for homeowners ● Rental price increases as rental housing supply decreases ● Evictions
● More likely to live in housing typologies such as apartments or duplexes, which can take longer to rebuild post-disaster
Any analysis of disaster-driven displacement risk should call out how those risks impact low-income renters in the community, and any programs or resources in place meant to increase resiliency and address those hazard risks. Disaster risk is not a justification for the perpetuation of patterns of segregation. Jurisdictions should creatively utilize both land use planning and public investments in mitigation measures to solve for the issues of environmental hazard risk, climate change adaptation, fair housing, and housing affordability simultaneously. 77 Homeland Security Inspector General – FEMA Needs to Improve Management of its Flood Mapping Programs, 2017, https://www. documentcloud.org/documents/4066233-OIG-17-110-Sep17.html 78 Lee & Van Zandt, 2018, Social Vulnerability to Disasters: A Review of the Evidence ITEM 3- ATTACHMENT 4
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Data Considerations: Through maps, data tables, and discussion, the analysis must address the concentrations of risk of displacement. The analysis might consider the following variables that are associated with risk of displacement and neighborhood change.

Other Considerations:
● Public Infrastructure Investments: Government investments in physical infrastructure, such as rail transit, schools, parks, and highways can be associated with increasing home values and subsequent displacing forces (Zuk et al. 2015).
● Historically Disinvested Areas: Today’s displacement is built upon a history of dispossession and exclusion, fueled by racism, and perpetuated by the logic of capitalism. Historical exclusionary housing policies such as redlining, racially restrictive covenants, implicitly racial zoning, racialized public housing policies, and urban renewal continue to shape wealth accumulation and access to resources like high-quality schools and job centers. ● At-risk Affordable Units: The conversion of federally-and -state-subsidized affordable rental developments to market-rate units can constitute a substantial loss of housing opportunity for low-income residents. There are approximately 149,000 units of privately owned, federally assisted, multifamily rental housing, as well as tax-credit and mortgage revenue bond properties, often with project-based rental assistance. As the subsidy contracts or regulatory agreements expire, a large percentage of these units may convert to market-rate. These at-risk units are home to seniors and families with low incomes who are at risk of displacement if the developments convert.

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Income Variables
Variable Data Source Association
Income Diversity
U.S. Census Table P007
ACS % Year Estimates Table B03002
Higher income diversity is associated with
higher risk of neighborhood change
% of renters paying >35%
of income ACS 5 Year Estimates, DP04 Higher share of rent-burdened tenants is associated with higher risk of displacement
% of owners paying >35%
of income ACS 5 Year Estimates, DP04 Higher share of over-burdened owners associated with higher risk of displacement
Demographic Variables
Variable Data Source Association
% non-family households ACS 5 Year Estimates, DP02, B09029 Larger share of non-family households associated with higher risk of displacement % non-Hispanic whites ACS 5 Year Estimates, DP05 Larger share of non-Hispanic whites associated with lower risk of displacement
Educational Attainment ACS 5 Year Estimates, S21501 Increasing share of high educational attainment associated with active displacement Housing Variables
Variable Data Source Association
% of dwellings units in
buildings with 3+ units ACS 5 Year Estimates, DP04 Higher share of multi-unit buildings is associated with higher risk of displacement % renter-occupied housing ACS 5 Year Estimates, DP04 Higher share of renter-occupied housing is associated with higher risk of displacement
Median gross rent ACS 5 Year Estimates, DP04
Lower median gross rent compared to nearby
higher rents is associated with higher risk of
displacement
Overcrowding ACS 5 Year Estimates, DP04 Higher rates of overcrowding are associated with higher risk of displacement
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Site Inventory
The purpose of the housing element’s site inventory is to identify and analyze specific land (site) that is available and suitable to accommodate the regional housing need by income group. The site inventory enables the jurisdiction to determine whether there are sufficient and adequate sites to accommodate the RHNA by income category. A site inventory and analysis will determine whether program actions must be adopted to “make sites available” with appropriate zoning, development standards, and infrastructure capacity to accommodate the new development need.

AB 686 requires a jurisdiction’s site inventory “…shall be used to identify sites throughout the community, consistent with…” its duty to affirmatively further fair housing.79 Sites must be identified and evaluated relative to the full scope of the assessment of fair housing (e.g., segregation and integration, racially and ethnically concentrated areas of poverty and affluence, access to opportunity, etc.). The site inventory and accompanying analysis must identify and analyze selected sites, map the location of the sites, indicate the number of projected units for each site and represent the assumed affordability (i.e., lower, moderate and above moderate) for each site, and evaluate relative to socio-economic patterns. Importantly, the analysis ought not be limited to the identification of sites for lower income households. Rather, it should incorporate the jurisdiction's projected housing development at all income levels and assess the extent to which that development will either further entrench or help to ameliorate existing patterns of segregation and/or exclusion of members of protected categories.

Where the analysis of the inventory indicates that the community has insufficient sites appropriately zoned and located to accommodate its lower income RHNA in a manner that affirmatively furthers fair housing, the housing element must include a program to address this inconsistency, such as making additional sites available to accommodate its lower income RHNA in a manner that affirmatively furthers fair housing. To evaluate the site inventory’s consistency with the obligation to affirmatively furthering fair housing, the site inventory analysis should address:
● Improved Conditions: A discussion of how the sites are identified in a manner that better integrates the community with a consideration for the historical patterns and trends, number of existing households, the magnitude (e.g., number of units) of the RHNA by income group and impacts on patterns of socio-economic and racial concentrations. ● Exacerbated Conditions: Similar to above, an explanation of identified sites relative to the impact on existing patterns of segregation and number of households relative to the magnitude (e.g., number of units) of the RHNA by income group.
● Isolation of the RHNA: An evaluation of whether the RHNA by income group is concentrated in areas of the community.
● Local Data and Knowledge: A consideration of current, planned and past developments, investment, policies, practices, demographic trends, public comment and other factors. 79 Gov. Code, §§ 65583.2, 65583, subd. (c)(10)(A), 8899.50; see also HCD, Building Blocks, at https://www.hcd.ca.gov/communitydevelopment/building-blocks/index.shtml; 24 C.F.R. § 5.154 (2016).

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● Other Relevant Factors: Any other factors that influence the impacts of the identification of sites to accommodate the regional housing need on socio-economic patterns and segregation. This requirement should address any pending or approved plans, other elements of the general plan and relevant portions of the housing element and site inventory analysis requirements including, but not limited to, effectiveness of past programs in achieving the goals of the housing element, suitability of sites, existing uses and impacts of additional development potential, including potential for displacement of residents, businesses and other community amenities and infrastructure capacity.

Summary of Conclusions and Approach to Policies and Programs: Based on the outcomes of the analysis, the element must summarize conclusions and directly identify policies and programs needed to address identifying and making available adequate sites to accommodate the RHNA in a manner that affirmatively furthers fair housing. Policies and programs must include “meaningful actions” beyond combating discrimination to overcome patterns of segregation and foster inclusive, affordable and stable communities.

Specifically, the analysis must include each of the fair housing issue areas: (1) segregation and integration, (2) racially and ethnically concentrated areas of poverty (R/ECAPs), (3) access to opportunity, and (4) disproportionate housing needs, including displacement. The analysis should not be limited to the jurisdiction itself, but should include the surrounding region and an understanding of the role the jurisdiction plays in current and historical trends of segregation at a regional level.

Segregation and Integration
The analysis must address identified sites relative to segregation and integration of protected classes.

This analysis may focus on households by income but must address segregation and integration of other protected classes as well, including population by race, disability and familial status; the analysis must address the effects of economic segregation on members of protected classes. The analysis must show how the site inventory decreases the segregation index scores for protected classes and along income within the jurisdiction, as well as the segregation indices at the regional scale. It should provide an estimate of how much the sites identified are expected to decrease the dissimilarity and isolation index scores. Furthermore, the analysis should include an evaluation of current and historical spatial patterns of subsidized housing within and surrounding the jurisdiction, including emergency shelters, subsidized affordable housing, supportive housing, and usage of housing choice vouchers, and how the site inventory decreases patterns of segregation given these trends. This analysis of subsidized housing can provide insights into patterns of segregation and integration at a more granular scale that may prove helpful when U.S. Census data is only available at large geographies like tracts and block groups.

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Data Considerations: Sample Methodology for Analysis by Income Group (should also be applied to race, disability and familial status)

1. Identify the percentage of the total local households that are lower, moderate and above moderate income.

2. A. Calculate the percentage of households in each census tract or block group that are lower, moderate and above moderate income.

B. As a secondary indicator, identify those tracts or block groups where the percentage of households at the appropriate income level is significantly higher than the community-wide average.

The actual level chosen should be sensitive to the local context. For example, if a community has a very low existing percentage of lower income households, an appropriate measure might be block groups where the percentage of lower income households is double the community-wide average.

In communities where the percentage of existing lower income households is relatively high, then a standard of 25 or 50 percent higher than the community-wide average may be appropriate. When tracts or block groups contain relatively small numbers of households, the percentage calculations will have relatively high margins of error (MOE). MOEs are also included in each record in the LMISD data. The MOEs should be considered when interpreting the results of this analysis.

San Anselmo City CouncilJanuary 10, 2023

San Anselmo City Council
January 10, 2023