San Jacinto City Council
February 1, 2022

income and special needs households, by making information regularly available and considering and incorporating comments where appropriate.

Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant; the Strategic Growth Council and HCD’s Affordable Housing and Sustainable Communities programs; and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City meets housing element requirements for these and other funding sources.

For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the City to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at:
http://opr.ca.gov/docs/OPR_Appendix_C_final.pdf and
http://opr.ca.gov/docs/Final_6.26.15.pdf.

HCD appreciates the hard work the housing element team during the review. We are committed to assist the City in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact Reid Miller, of our staff, at [email protected].

Sincerely,
Senior Program Manager
Enclosure
Paul McDougall

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APPENDIX

CITY OF SAN JACINTO
The following changes are necessary to bring the City’s housing element into compliance with Article 10.6 of the Government Code. Accompanying each recommended change, we cite the supporting section of the Government Code.

Housing element technical assistance information is available on HCD’s website at http://www.hcd.ca.gov/community-development/housing-element/housing-element-memos.shtml.

Among other resources, the housing element section contains HCD’s latest technical assistance tool, Building Blocks for Effective Housing Elements (Building Blocks), available at http://www.hcd.ca.gov/community-development/building-blocks/index.shtml and includes the Government Code addressing State Housing Element Law and other resources.

A. Review and Revision
Review the previous element to evaluate the appropriateness, effectiveness, and progress in implementation, and reflect the results of this review in the revised element. (Gov. Code, § 65588 (a) and (b).)
A thorough program-by-program review is necessary to evaluate City's performance in addressing housing goals. As part of this analysis, the element should describe the actual results of the prior element’s programs, compare those results to the objectives projected or planned, and based on an evaluation of any differences between what was planned versus achieved, provide a description of how the objectives and programs of the updated element incorporate changes resulting from the evaluation. Specifically, the analysis should quantify of results for programs in the last element. For example, this could include the number of households assisted by a program in the last cycle, or the amount of funding distributed by a program.

Additionally, as part of the review of programs in the past cycle, the element must provide an evaluation of the effectiveness of goals, policies, and related actions in meeting the housing needs of special needs populations (e.g., elderly, persons with disabilities, large households, female headed households, farmworkers and persons experiencing homelessness). This should include an analysis of the cumulative impact of the previous housing element’s programs to address the housing needs of special needs populations.

B. Housing Needs, Resources, and Constraints

1. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in the jurisdiction (Gov. Code, § 65583, subd. (c)(10)(A)) While the element includes an Assessment of Fair Housing (AFH), additional information is necessary to address the requisite affirmatively furthering fair housing (AFFH) analysis requirement, including local contributing factors to the fair housing

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issues and develop strong programs and strategies to address the identified fair housing issues.as follows:

Enforcement and Outreach: The element provides a brief discussion of community outreach conducted as part of the general plan update in 2019, but generally does not address AFFH requirements. While AFFH outreach can be conducted with the other portions of the housing element, it must also be specific to AFFH. For example, the outreach could specifically target fair housing organizations or neighborhoods with relatively concentrated poverty for input related to housing and community development needs and access to opportunities such as education and transportation.

The element must also describe capacity to provide enforcement and outreach throughout the planning period which can consist of actions such as the ability to investigate complaints, obtain remedies, or engage in fair housing testing. Lastly, the element should address whether there have been any findings, lawsuits, enforcement actions, settlements, or judgments related to housing or Civil Rights in the City.

Local Data and Knowledge: The element should incorporate local data and knowledge of the jurisdiction into the AFFH section. To assist in meeting this requirement, the element should provide local data not captured in regional, state, or federal data analysis.

Other Relevant Factors: The element must include other relevant factors that contribute to fair housing issues in the jurisdiction. For instance, the element can analyze historical land use and investment practices or other information and demographic trends.

Integration and Segregation: The element must provide data on integration and segregation across racial groups, income, disabilities, and familial status. The element must also discuss and analyze this data for trends over time and patterns across census tracts. While the element uses the term “diversity”, it does not describe the racial composition of the City. The analysis of segregation and integration based on income should discuss the concentration of areas where more than 75 percent of households are lower income. The analysis should also discuss the concentration of persons with disabilities west of Highway 79 and whether that is due to access of services. The element should include an analysis of families with children and analyze the concentration of seniors. Additionally, it must evaluate patterns at a regional basis, comparing the City to other jurisdictions in the region.

Disparities in Access to Opportunity: The element provides some qualitative information on the access to opportunity but must include quantitative evidence to support such statements. A complete analysis should include the locally and regional disparities of the educational, environmental, transportation, and economic scores through local, federal, and/or state data. Please refer to page 35 of the AFFH guidebook (link: https://www.hcd.ca.gov/communitydevelopment/affh/index.shtml#guidance) for specific factors that should be considered when analyzing access to opportunities as it pertains to educational, employment, environmental, transportation, and any factors that are unique to San Jacinto.

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Disproportionate Housing Needs including Displacement Risks: The element includes some local and county data on cost burdened households (overpayment) and overcrowding. However, the element must evaluate trends and patterns within the City for overcrowding and housing condition. In addition, the element must include an analysis on homelessness. Lastly, the element mentions displacement but must still provide data, analysis and conclusions related to investment, disinvestment, and disaster driven displacement.

Sites Inventory: The element must identify sites throughout the community to foster inclusive communities. While the element identifies and show sites and zoning throughout the community, it also notes the plan to accommodate most of the regional housing need for lower income households in areas that are already predominantly lower-income. The element should discuss whether this strategy potentially isolates a significant number of the housing need for lower income households and include actions as appropriate, such as additional zoning for a variety of housing choices. The element should also discuss whether the distribution of sites improves or exacerbates conditions. If sites exacerbate conditions, the element should identify further program actions that will be taken to mitigate this (e.g. anti-displacement strategies).

Contributing Factors: While the element identifies contributing factors to fair housing issues, it must prioritize them to better formulate policies and programs and AFFH.

Goals, Priorities, Metrics, and Milestones: While the element provides analysis and identifies contributing factors to fair housing issues in San Jacinto, it does not include sufficient action to overcome patterns of segregation and foster inclusive communities.

As a result, programs must be added as appropriate to sufficiently respond to contributing factors to fair housing issues. In addition, all actions related to AFFH must contain metrics and milestones for evaluating progress on programs, actions, and fair housing results. Please see HCD’s AFFH memo for more information:
https://www.hcd.ca.gov/community-development/affh/docs/affh_document_final_4-27- 2021.pdf#page=23.

2. Include an analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition. (Gov. Code, § 65583, subd. (a)(2).) The element identifies the age of the housing stock (p. BR-32). However, it must include analysis of the condition of the existing housing stock and estimate the number of units in need of rehabilitation and replacement. For example, the analysis could include estimates from a recent windshield survey or sampling, estimates from the code enforcement agency, or information from knowledgeable builders/developers, including nonprofit housing developers or organizations.

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

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level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov. Code, § 65583, subd. (a)(3).)
The City has a regional housing needs allocation (RHNA) of 3,392 housing units, of which 1,265 are for lower-income households. To address this need, the element relies on vacant sites, including sites within the Mixed-Use areas. To demonstrate the adequacy of these sites and strategies to accommodate the City’s RHNA, the element must include complete analyses:

Map of Sites: The element must include a general map of identified sites.

Sites with Pending General Plan and Zoning Designations: Many sites are listed with pending general plan and zoning designations. If sites with the pending designations are necessary to demonstrate sufficient adequate sites, the element must demonstrate the general plan and zoning designations will be amended early in the planning period and comply with the requirements of Government Code section 65583, subdivision (c)(1) and Government Code, section 65583.2, subdivision (h) and (i) for sites to accommodate the lower-income RHNA. Alternatively, the element could demonstrate existing general plan and zoning designations allow residential and mixed-use development at densities sufficient to accommodate the RHNA for each income category.

Previously Identified Nonvacant and Vacant Sites: If nonvacant sites identified in a prior adopted housing element or vacant sites identified in two or more consecutive planning periods, the sites are inadequate to accommodate housing for lower-income households unless:

1. The site’s current zoning is appropriate for the development of housing affordable to lower-income households by either including analysis or meeting the appropriate density and

2. The site is subject to a housing element program that requires 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.

Realistic Capacity: Appendix A includes both estimates for “total capacity” and “current capacity”; however, the element should clarify the distinction between these two categories and how these calculations relate to the capacity assumptions in the analysis. In addition, while the element provides assumptions of buildout for sites included in the inventory, it must also provide support for these assumptions. For example, the element should demonstrate what specific trends, factors, and other evidence led to the assumptions. The estimate of the number of units for each site must be adjusted as necessary, based on the land use controls and site improvements, typical densities of existing or approved residential developments at a similar affordability level in that jurisdiction, and on the current or planned availability and accessibility of sufficient water, sewer, and dry utilities. The element also should

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analyze the likelihood that the identified units will be developed as noted in the inventory in zones that allow nonresidential uses (e.g., mixed-use). This analysis should consider the likelihood of nonresidential development, performance standards, and development trends supporting residential development. The element should provide examples of recent developments to support the buildout assumptions at each income level. In addition, the element should describe the affordability assumptions for mixed-use zones.

Availability of Infrastructure: While the element identifies water and sewer infrastructure capacity to accommodate the City regional housing need, it must also demonstrate sufficient existing or planned other dry utilities supply capacity, including the availability and access to distribution facilities, to accommodate the regional housing need. In addition, the element must clarify that the capacity is sufficient to accommodate the RHNA and that there is sewer capacity in all areas of the City.

Environmental Constraints: While the element generally describes a few environmental conditions within the City (p. BR-92), it must describe any known environmental or other constraints within the City that could impact housing development in the planning period.

Zoning for a Variety of Housing Types:
• Emergency Shelters: While housing element law does allow a jurisdiction to limit the number of beds or persons permitted to be served nightly by a facility, standards must be designed to encourage and facilitate the development of, or conversion to, an emergency shelter. The element must analyze the 20-bed limit as a potential constraint for the development of emergency shelters and must amend its emergency shelter parking requirements to be in line with AB 139/Government Code section 65583, subdivision (a)(4)(A)). In addition, the element must list out the standards and requirements for emergency shelters and also describe the characteristics and suitability of the Light Industrial (LI) zone for emergency shelters.
• Transitional and Supportive Housing: Transitional housing and supportive housing must be permitted as a residential use in all zones allowing residential uses and only subject to those restrictions that apply to other residential dwellings of the same type in the same zone. (Gov. Code, § 65583, subd. (a)(5).) The element must describe and analyze the City’s transitional and supportive housing standards and codes and demonstrate compliance with Section 65583(a)(5) or add or revise programs which comply with the statutory requirements.
• Housing for Farmworkers: The element does not mention whether the City has any agriculturally zoned land or zones allowing agricultural uses. The element must comply with the Employee Housing Act (Health and Safety Code § 17000 et seq.), specifically, sections 17021.5 and 17021.6. Section 17021.5 requires employee housing for six or fewer employees to be treated as a single family structure and permitted in the same manner as other dwellings of the same type in the same

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zone. Section 17021.6 requires employee housing consisting of no more than 12 units or 36 beds to be permitted in the same manner as other agricultural uses in the same zone. The element must either demonstrate consistency with these requirements or include programs to amend zoning as appropriate. • Accessory Dwelling Units (ADU): After a cursory review of the City’s ordinance, HCD discovered several areas which were not consistent with State ADU Law.

HCD will provide a complete listing of ADU noncompliance issues under a separate cover. As a result, the element should add a program to update the City’s ADU ordinance in order to comply with state law. For more information, please consult HCD’s ADU Guidebook, published in December 2020, which provides detailed information on new state requirements surrounding ADU development.

4. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures... (Gov. Code, § 65583, subd. (a)(5).)
Land Use Controls: The element must identify and analyze all relevant land use controls impacts as potential constraints on a variety of housing types (e.g., multifamily rental housing, mobilehomes, transitional housing). The analysis must also evaluate the cumulative impacts of land use controls on the cost and supply of housing, including the ability to achieve maximum densities and cost and supply of housing. The analysis should also describe past or current efforts to remove identified governmental constraints, and the element should include programs to address or remove the identified constraints. The element should analyze the impervious surface and structure coverage requirements as well as the lot size requirements for the RL, RM, RMH, RH, and RVH zones to ensure they are not constraints on housing development in the City.

Additionally, the analysis should address parking requirements for impacts on cost, supply, housing choice and affordability and include programs to address identified constraints. In particular, the element should address the enclosed space requirement for multifamily. The element should also address parking requirements for congregate care, community care, and transitional and supportive housing. The element must also address the conditional use permit (CUP) requirement to reduce parking for persons with disabilities as a constraint.

Fees and Exaction: The element must describe all required fees for single family and multifamily housing development, including impact fees, and analyze their impact as potential constraints on housing supply and affordability. For example, the analysis could identify the total amount of fees and their proportion to the development costs for both single family and multifamily housing. In addition, Table 4-9 (Development Project Processing Fees) lists an application fee and initial deposit for most fees. The element should include a cost estimate for the fees in the table, list both single family and

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multifamily costs, and include a total development cost for a typical single family and multifamily projects.

Local Processing and Permit Procedures: While the element provides a general description (pp. BR-70 and 71) of the Conditional Use Permit (CUP), Minor Use Permit (MUP) and site plan review required for housing developments, it must describe and analyze each process, and list typical findings and approval procedures by zone and housing type. The analysis must evaluate the processing and permit procedures’ impacts as potential constraints on housing supply and affordability. For example, the analysis should consider processing and approval procedures and time for typical single family and multifamily developments, including type of permit, level of review, approval findings and any discretionary approval procedures. While the element included approval times for single family and multifamily projects, they should be analyzed as a constraint due to the significant difference in approval type for each housing type. The processing times in Table 4-8 (Typical Permit Processing Times and Reviewing Body) were blank and should be included. The element should also clarify who has authority to request public hearings when it states they are required only if requested.

In addition, while the element is heavily reliant on Mixed-Use projects/projects in mixed-use zones to satisfy the City’s lower income RHNA, it appears that Mixed-Use projects are only allowed with a use permit. The element should analyze this as a constraint and add programs as necessary to ensure the production of lower-income units to satisfy RHNA requirements.

Design and Site Plan Review: The element must describe and analyze the design review and site plan guidelines and process, including approval procedures and decision-making criteria, for their impact as potential constraints on housing supply and affordability. For example, the analysis could describe required findings and discuss whether objective standards and guidelines improve development certainty and mitigate cost impacts. The element must demonstrate this process is not a constraint or it must include a program to address this permitting requirement, as appropriate.

On/Off-Site Improvements: The element must identify subdivision level improvement requirements, such as minimum street widths (e.g., 40-foot minimum street width), and analyze their impact as potential constraints on housing supply and affordability.

Building Codes and Enforcement: The element must clarify whether any building code amendments have been adopted by the City.

Housing for Persons with Disabilities: The City’s zoning code appears to isolate and regulate various types of housing for persons with disabilities based on the number of people and other factors. Examples include residential care facilities, group homes and sober living homes for six or fewer persons or seven or more persons. First, zoning should simply implement a barrier-free definition of family instead of subjecting, potentially persons with disabilities, to special regulations such as the number of persons, population types and licenses. Second, these housing types are excluded

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from some residential zones, most notably low-density zones, which can constrain the availability of housing choices for persons with disabilities. Finally, these housing types in many cases are subject to a special use or conditional use permit, potentially subjecting housing for persons with disabilities to higher discretionary standards where an applicant must demonstrate compatibility with the neighborhood, unlike other residential uses. The element should include specific analysis of these and any other constraints, including their enforcement and considering public comments, for impacts on housing for persons with disabilities and add or modify programs as appropriate. In addition, the element must include the City’s definition of family and analyze it as a constraint.

5. An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, the price of land, the cost of construction, the requests to develop housing at densities below those anticipated in the analysis required by subdivision (c) of Government Code section 65583.2, and the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a locality’s share of the regional housing need in accordance with Government Code section 65584. The analysis shall also demonstrate local efforts to remove nongovernmental constraints that create a gap between the locality’s planning for the development of housing for all income levels and the construction of that housing. (Gov. Code, § 65583, subd. (a)(6).)
Availability of Financing: The element must describe whether private and government assisted financing is generally available in the City.

Approval Time and Requests Lesser Densities: While the element describes requests to develop housing at densities below those identified, it must also analyze the length of time between receiving approval for a housing development and submittal of an application for building permits that potentially hinder the construction of a locality’s share of the regional housing need and include programs as appropriate.

6. Analyze any special housing needs such as elderly; persons with disabilities, including a developmental disability; large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter. (Gov. Code, § 65583, subd. (a)(7).)
Persons with Developmental Disabilities: While the element provides information regarding the needs of persons with developmental disabilities (p. BR-42), it must also provide the number of persons with developmental disabilities by age group.

Farmworkers: While the element provides some information on the needs of farmworkers within the City (p. BR-47), it should use Agricultural Census data to provide the number of permanent and seasonal agricultural workers.

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income housing uses during the next 10 years due to termination of subsidy contracts, mortgage prepayment, or expiration of use restrictions. (Gov. Code, § 65583, subd. (a)(9) through 65583(a)(9)(D).).

The element must include locally assisted housing developments in the analysis of units identified at-risk within a ten-year period. During the call, the City identified that San Jacinto Village Apartments has an expiration of use restrictions in 2029. The analysis of “at-risk” units must include the following (Gov. Code, § 65583, subd. (a)(9).):
 Listing of each development by project name and address  Type of governmental assistance received
 Earliest date of change from low-income use; and
 Total number of elderly and nonelderly units.
 Estimated total cost for producing, replacing and preserving the units at-risk.  Identification of public and private nonprofit corporations known to the City to have the legal and managerial capacity to acquire and manage at-risk units.

Identification and consideration of use of federal, state and local financing and subsidy programs
C. Housing Programs

1. Include a program which sets forth a schedule of actions during the planning period, each with a timeline for implementation, which may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the Housing Element through the administration of land use and development controls, the provision of regulatory concessions and incentives, and the utilization of appropriate federal and state financing and subsidy programs when available. The program shall include an identification of the agencies and officials responsible for the implementation of the various actions. (Gov. Code, § 65583, subd. (c).)
To address the program requirements of Government Code section 65583, subd. (c)(1-6), and to facilitate implementation, programs should include: (1) a description of the City’s specific role in implementation; (2) definitive implementation timelines (i.e. month and year); (3) objectives, quantified where appropriate; and (4) identification of responsible agencies and officials. Programs to be revised include the following:

Program 6 (Housing Sites): This Program should be revised to provide a specific date of implementation.

Program 7 (Residential Development Monitoring (No Net Loss)): This Program should be revised to state more clearly how, “annual monitoring” will be conducted.

Additionally, it should describe how sites in the inventory are tracked and maintained, and who is assigned to track and maintain the inventory.

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Program 10 (Incentives and Assistance to Affordable Housing Developments): This Program should be revised to provide a timeline of when actions will be implemented and include proactive outreach to developers.

Program 11 (Infill Housing Program): This Program should clarify whether infill sites it identified were included in the sites inventory. Additionally, it should state what City properties are available, if the City complies with state law in advertising these sites, and if there will there be proactive outreach to developers.

Program 12 (Pursue State and Federal Funding): This Program should be revised to state whether proactive outreach will be conducted as well as how often the City will apply for funding.

Program 15 (Development Code Amendments- Housing Constraints): This Program should be revised to ensure that the City’s development code is also consistent with requirements for by-right permanent supportive housing under AB 2162.

Program 16 (Monitor Changes in Federal and State Housing, Planning, and Zoning Laws): This Program should be revised to include potential zoning updates as needed in order to comply with federal and state law. It must also include more specific timelines for implementation.

Program 17 (Density Bonus Ordinance): This Program should be revised to update the City’s density bonus ordinance within one year.

2. Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Government Code section 65584.09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, singleroom occupancy units, emergency shelters, and transitional housing. (Gov. Code, § 65583, subd. (c)(1).)
As noted in Finding B3, the element does not include a complete site analysis, therefore, the adequacy of sites and zoning were not established. Based on the results of a complete sites inventory and analysis, the City may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types.

Program 5 (General Plan and Development Code Update): Currently the element identifies a shortfall of adequate sites to accommodate the RHNA within the planning period and include Program 5 to complete General Plan and zoning amendments that

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are necessary to provide sites at the densities described in the sites inventory.

Program 5 should be revised to provide a clear plan of implementation regarding the development code, and when it is expected to be adopted in relationship to the adoption of the new general plan. As it appears, the element relies on new general plan and zoning to accommodate the housing need for lower-income households, the program should specifically commit to rezoning pursuant to Government Code section 65583.2, subdivisions (h) and (i). Specifically the program must commit to:
• permit owner-occupied and rental multifamily uses by-right for developments in which 20 percent or more of the units are affordable to lower income households.

By-right means local government review must not require a conditional use permit, planned unit development permit, or other discretionary review or approval. • accommodate a minimum of 16 units per site;
• require a minimum density of 20 units per acre; and
• at least 50 percent of the lower-income need must be accommodated on sites designated for residential use only or on sites zoned for mixed uses that accommodate all of the very low and low-income housing need, if those sites:
o allow 100 percent residential use, and
o require residential use occupy 50 percent of the total floor area of a mixed-use project.

3. The Housing Element shall contain programs which assist in the development of adequate housing to meet the needs of extremely low-, very low-, low- and moderateincome households. (Gov. Code, § 65583, subd. (c)(2).) Program 20 (Housing For Extremely Low Income Persons): The program should be modified to ensure that the City do more than “explore” expedited processing procedures, and lay out a more specific timeline of when actions are expected to be completed. The program should also include proactive outreach to ensure that it is well publicized. In addition, the element must include a program(s) to address the housing needs of special needs populations. For example, programs could include specific programs to address senior housing needs or the needs of persons with disabilities.

4. Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. (Gov. Code, § 65583, subd. (c)(3).) As noted in Findings B4 and B5, the element requires a complete analysis of potential governmental and nongovernmental constraints. Depending upon the results of that analysis, the City may need to revise or add programs and address and remove or mitigate any identified constraints.

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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. (Gov. Code, § 65583, subd. (c)(5).)
Program 18 (Fair Housing Services): This program should be revised to clarify what type of fair housing information will be distributed annually and include more information on the type of outreach that will be conducted as a part of the program.

Program 19 (Affirmatively Furthering Fair Housing Outreach and Coordination Program): This program should be revised to address the following:
• The City should refer complaints to the Department of Fair Employment and Housing (DFEH) not HCD.
• Include information on how often access to opportunity actions occur. • Include specific metrics and milestones for each action to ensure programs are being implemented successfully or can be modified to ensure success in the future.
• Tie all actions to programs of AFFH priorities housing mobility, place based solution, access to opportunities, and displacement risk. • Include a more specific timeline for program actions.

6. The housing program shall preserve for low-income household 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. (Gov. Code, § 65583, subd. (c)(6).)
Program 2 (Preservation of At-Risk Units) should be revised to provide a clearer plan of implementation regarding how participation will be sought from potentially interested partners and how will City provide education and outreach to tenants. The program should also incorporate outreach to owners or at-risk properties a few years before affordability levels expire in order to comply with state noticing requirements.

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. (Gov. Code, § 65583, subd. (c)(7).)

4.1.c
Packet Pg. 538 Attachment: HCD 6th Cycle Draft Housing Element Comment Letter - January 2022 (6th Cycle - 2021-2029 - San Jacinto Housing Element) City of San Jacinto’s 6th Cycle Draft Housing Element Page 13 January 21, 2022
Program 9 (Accessory Dwelling Units (ADU)) should be revised to include a description of how results of outreach will be implemented to encourage ADU production. It should also include how often state law will be monitored and updated, as well as list out incentives that will be offered by the City to encourage ADU production.

D. Quantified Objectives
Establish the number of housing units, by income level, that can be constructed, rehabilitated, and conserved over a five-year time frame. (Gov. Code, § 65583, subd. (b)(1 & 2).)
While the element includes these objectives by income group for very low-, low-, moderate- income, the element must also include objectives for above moderate-income households.

E. Public Participation
Local governments shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the Housing Element, and the element shall describe this effort. (Gov. Code, § 65583, subd.(c)(9).) While the element includes a general summary of the public participation process (Appendix B), it must also demonstrate diligent efforts were made to involve all economic segments of the community in the development of the housing element. The element could describe the efforts to circulate the housing element among low- and moderateincome households and organizations that represent them and to involve such groups and persons in the element throughout the process. The element should also describe whether translation services were available. In addition, the element should also summarize the public comments and describe how they were considered and incorporated into the element.

HCD understands the City made the element available to the public concurrent with its submittal to HCD. By not providing an opportunity for the public to review and comment on a draft of the element in advance of submission, the City has not yet complied with statutory mandates to make a diligent effort to encourage the public participation in the development of the element and it reduces HCD’s ability to consider public comments in the course of its review. The availability of the document to the public and opportunity for public comment prior to submittal to HCD is essential to the public process and HCD’s review. The City must proactively make future revisions available to the public, including any commenters, prior to submitting any revisions to HCD and diligently consider and address comments, including making revisions to the document where appropriate. HCD’s future review will consider the extent to which the revised element

4.1.c
Packet Pg. 539 Attachment: HCD 6th Cycle Draft Housing Element Comment Letter - January 2022 (6th Cycle - 2021-2029 - San Jacinto Housing Element) City of San Jacinto’s 6th Cycle Draft Housing Element Page 14 January 21, 2022
documents how the City solicited, considered, and addressed public comments in the element. The City’s consideration of public comments must not be limited by HCD’s findings in this review letter.

4.1.c
Packet Pg. 540 Attachment: HCD 6th Cycle Draft Housing Element Comment Letter - January 2022 (6th Cycle - 2021-2029 - San Jacinto Housing Element) SCAG 6TH CYCLE FINAL RHNA ALLOCATION PLAN
SCAG 6TH CYCLE FINAL RHNA ALLOCATION PLAN (approved by HCD on 3/22/21 and modified on 7/1/21)* 7/1/21

ALLOCATION BY COUNTY
Total
Very-low
income Low income
Moderate
income
Above
moderate
income
Imperial 15,993 4,671 2,357 2,198 6,767
Los Angeles 812,060 217,273 123,022 131,381 340,384
Orange 183,861 46,416 29,242 32,546 75,657
Riverside 167,351 41,995 26,473 29,167 69,716
San Bernardino 138,110 35,667 21,903 24,140 56,400
Ventura 24,452 5,774 3,810 4,525 10,343
TOTAL 1,341,827 351,796 206,807 223,957 559,267
ALLOCATION BY Regional Early Action Planning (REAP) SUBREGIONS REAP Subregion Total
Very-low
income Low income
Moderate
income
Above
moderate
income
CVAG 31,619 6,204 4,664 5,561 15,190
Gateway Cities COG 71,678 20,029 10,391 10,822 30,436
Imperial County 15,993 4,671 2,357 2,198 6,767
Las Virgenes-Malibu COG 933 362 199 183 189
Los Angeles City 456,643 115,978 68,743 75,091 196,831
North Los Angeles County 15,663 4,001 2,129 2,332 7,201 Orange County COG 183,861 46,416 29,242 32,546 75,657
San Bernardino COG/SBCTA 138,110 35,667 21,903 24,140 56,400 San Fernando Valley COG 34,023 9,850 5,588 5,614 12,971 San Gabriel Valley COG 89,616 25,208 13,400 14,074 36,934 South Bay Cities COG 34,179 10,221 5,236 5,539 13,183
Uninc. Los Angeles County 90,052 25,648 13,691 14,180 36,533 Uninc. Riverside County 40,647 10,371 6,627 7,347 16,302 Ventura COG 24,452 5,774 3,810 4,525 10,343
Westside Cities COG 19,273 5,976 3,645 3,546 6,106
Western Riverside COG 95,085 25,420 15,182 16,259 38,224

ALLOCATION BY LOCAL JURISDICTION
County Jurisdiction Total
Very-low
income Low income
Moderate
income
Abovemoderate
income
Imperial Brawley city 1426 399 210 202 615
Imperial Calexico city 4868 1279 655 614 2320
Imperial Calipatria city 151 36 21 16 78
Imperial El Centro city 3442 1001 490 462 1489
Imperial Holtville city 171 41 33 26 71
SCAG Page 1 of 6

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Packet Pg. 541 Attachment: 6th Cycle SCAG Final Allocation Plan - July 2021 (6th Cycle - 2021-2029 - San Jacinto Housing Element) SCAG 6TH CYCLE FINAL RHNA ALLOCATION PLAN

ALLOCATION BY LOCAL JURISDICTION
County Jurisdiction Total
Very-low
income Low income
Moderate
income
Abovemoderate
income
Imperial Imperial city 1601 704 346 294 257
Imperial Unincorporated Imperial Co.4301 1203 596 580 1922 Imperial Westmorland city 33 8 6 4 15
Los Angeles Agoura Hills city 318 127 72 55 64
Los Angeles Alhambra city 6825 1774 1036 1079 2936
Los Angeles Arcadia city 3214 1102 570 605 937
Los Angeles Artesia city 1069 312 168 128 461
Los Angeles Avalon city 27 8 5 3 11
Los Angeles Azusa city 2651 760 368 382 1141
Los Angeles Baldwin Park city 2001 576 275 263 887
Los Angeles Bell city 229 43 24 29 133
Los Angeles Bell Gardens city 503 100 29 72 302
Los Angeles Bellflower city 3735 1015 488 553 1679
Los Angeles Beverly Hills city 3104 1008 680 602 814
Los Angeles Bradbury city 41 16 9 9 7
Los Angeles Burbank city 8772 2553 1418 1409 3392
Los Angeles Calabasas city 354 132 71 70 81
Los Angeles Carson city 5618 1770 913 875 2060
Los Angeles Cerritos city 1908 679 345 332 552
Los Angeles Claremont city 1711 556 310 297 548
Los Angeles Commerce city 247 55 22 39 131
Los Angeles Compton city 1004 235 121 131 517
Los Angeles Covina city 1910 614 268 281 747
Los Angeles Cudahy city 393 80 36 53 224
Los Angeles Culver City city 3341 1108 604 560 1069
Los Angeles Diamond Bar city 2521 844 434 437 806
Los Angeles Downey city 6525 2079 946 915 2585
Los Angeles Duarte city 888 269 145 137 337
Los Angeles El Monte city 8502 1797 853 1233 4619
Los Angeles El Segundo city 492 189 88 84 131
Los Angeles Gardena city 5735 1485 761 894 2595
Los Angeles Glendale city 13425 3439 2163 2249 5574
Los Angeles Glendora city 2276 735 386 388 767
Los Angeles Hawaiian Gardens city 331 61 44 46 180
Los Angeles Hawthorne city 1734 445 204 249 836
Los Angeles Hermosa Beach city 558 232 127 106 93
Los Angeles Hidden Hills city 40 17 8 9 6
Los Angeles Huntington Park city 1605 264 196 243 902
Los Angeles Industry city 17 6 4 2 5
Los Angeles Inglewood city 7439 1813 955 1112 3559
Los Angeles Irwindale city 119 36 11 17 55
Los Angeles La Cañada Flintridge city 612 252 135 139 86 SCAG Page 2 of 6

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Packet Pg. 542 Attachment: 6th Cycle SCAG Final Allocation Plan - July 2021 (6th Cycle - 2021-2029 - San Jacinto Housing Element) SCAG 6TH CYCLE FINAL RHNA ALLOCATION PLAN

ALLOCATION BY LOCAL JURISDICTION
County Jurisdiction Total
Very-low
income Low income
Moderate
income
Abovemoderate
income
Los Angeles La Habra Heights city 172 78 35 31 28
Los Angeles La Mirada city 1962 634 342 320 666
Los Angeles La Puente city 1929 544 275 275 835
Los Angeles La Verne city 1346 414 239 223 470
Los Angeles Lakewood city 3922 1296 637 653 1336
Los Angeles Lancaster city 9023 2224 1194 1328 4277
Los Angeles Lawndale city 2497 732 311 371 1083
Los Angeles Lomita city 829 239 124 128 338
Los Angeles Long Beach city 26502 7141 4047 4158 11156
Los Angeles Los Angeles city 456643 115978 68743 75091 196831 Los Angeles Lynwood city 1558 377 139 235 807
Los Angeles Malibu city 79 28 19 17 15
Los Angeles Manhattan Beach city 774 322 165 155 132
Los Angeles Maywood city 365 55 47 55 208
Los Angeles Monrovia city 1670 519 262 254 635
Los Angeles Montebello city 5186 1314 707 777 2388
Los Angeles Monterey Park city 5257 1324 822 848 2263
Los Angeles Norwalk city 5034 1546 759 658 2071
Los Angeles Palmdale city 6640 1777 935 1004 2924
Los Angeles Palos Verdes Estates city 199 82 44 48 25
Los Angeles Paramount city 364 92 43 48 181
Los Angeles Pasadena city 9429 2747 1662 1565 3455
Los Angeles Pico Rivera city 1024 299 146 149 430
Los Angeles Pomona city 10558 2799 1339 1510 4910
Los Angeles Rancho Palos Verdes city 639 253 139 125 122 Los Angeles Redondo Beach city 2490 936 508 490 556
Los Angeles Rolling Hills city 45 20 9 11 5
Los Angeles Rolling Hills Estates city 191 82 42 38 29
Los Angeles Rosemead city 4612 1154 638 686 2134
Los Angeles San Dimas city 1248 384 220 206 438
Los Angeles San Fernando city 1795 461 273 284 777
Los Angeles San Gabriel city 3023 846 415 466 1296
Los Angeles San Marino city 397 149 91 91 66
Los Angeles Santa Clarita city 10031 3397 1734 1672 3228 Los Angeles Santa Fe Springs city 952 253 159 152 388
Los Angeles Santa Monica city 8895 2794 1672 1702 2727
Los Angeles Sierra Madre city 204 79 39 35 51
Los Angeles Signal Hill city 517 161 78 90 188
Los Angeles South El Monte city 577 131 64 70 312
Los Angeles South Gate city 8282 2136 994 1173 3979
Los Angeles South Pasadena city 2067 757 398 334 578
Los Angeles Temple City city 2186 630 350 369 837
SCAG Page 3 of 6

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Packet Pg. 543 Attachment: 6th Cycle SCAG Final Allocation Plan - July 2021 (6th Cycle - 2021-2029 - San Jacinto Housing Element) SCAG 6TH CYCLE FINAL RHNA ALLOCATION PLAN

ALLOCATION BY LOCAL JURISDICTION
County Jurisdiction Total
Very-low
income Low income
Moderate
income
Abovemoderate
income
Los Angeles Torrance city 4939 1621 846 853 1619
Los Angeles Unincorporated Los Angeles Co. 90052 25648 13691 14180 36533 Los Angeles Vernon city 9 5 4 0 0
Los Angeles Walnut city 1293 427 225 231 410
Los Angeles West Covina city 5346 1653 850 865 1978
Los Angeles West Hollywood city 3933 1066 689 682 1496
Los Angeles Westlake Village city 142 58 29 32 23
Los Angeles Whittier city 3439 1025 537 556 1321
Orange Aliso Viejo city 1195 390 214 205 386
Orange Anaheim city 17453 3767 2397 2945 8344
Orange Brea city 2365 669 393 403 900
Orange Buena Park city 8919 2119 1343 1573 3884
Orange Costa Mesa city 11760 2919 1794 2088 4959
Orange Cypress city 3936 1150 657 623 1506
Orange Dana Point city 530 147 84 101 198
Orange Fountain Valley city 4839 1307 786 834 1912
Orange Fullerton city 13209 3198 1989 2271 5751
Orange Garden Grove city 19168 4166 2801 3211 8990
Orange Huntington Beach city 13368 3661 2184 2308 5215
Orange Irvine city 23610 6396 4235 4308 8671
Orange La Habra city 804 192 116 130 366
Orange La Palma city 802 224 140 137 301
Orange Laguna Beach city 394 118 80 79 117
Orange Laguna Hills city 1985 568 353 354 710
Orange Laguna Niguel city 1207 348 202 223 434
Orange Laguna Woods city 997 127 136 192 542
Orange Lake Forest city 3236 956 543 559 1178
Orange Los Alamitos city 769 194 119 145 311
Orange Mission Viejo city 2217 674 401 397 745
Orange Newport Beach city 4845 1456 930 1050 1409
Orange Orange city 3936 1067 604 677 1588
Orange Placentia city 4398 1243 680 782 1693
Orange Rancho Santa Margarita city 680 209 120 125 226
Orange San Clemente city 982 282 164 188 348
Orange San Juan Capistrano city 1054 270 173 183 428
Orange Santa Ana city 3137 606 362 545 1624
Orange Seal Beach city 1243 258 201 239 545
Orange Stanton city 1231 165 145 231 690
Orange Tustin city 6782 1724 1046 1132 2880
Orange Unincorporated Orange Co.10340 3107 1866 2006 3361 Orange Villa Park city 296 93 60 61 82
Orange Westminster city 9759 1881 1473 1784 4621
SCAG Page 4 of 6

4.1.d
Packet Pg. 544 Attachment: 6th Cycle SCAG Final Allocation Plan - July 2021 (6th Cycle - 2021-2029 - San Jacinto Housing Element) SCAG 6TH CYCLE FINAL RHNA ALLOCATION PLAN

ALLOCATION BY LOCAL JURISDICTION
County Jurisdiction Total
Very-low
income Low income
Moderate
income
Abovemoderate
income
Orange Yorba Linda city 2415 765 451 457 742
Riverside Banning city 1673 317 193 280 883
Riverside Beaumont city 4210 1229 721 723 1537
Riverside Blythe city 494 82 71 96 245
Riverside Calimesa city 2017 495 275 379 868
Riverside Canyon Lake city 129 43 24 24 38
Riverside Cathedral City city 2549 540 353 457 1199
Riverside Coachella city 7886 1033 999 1367 4487
Riverside Corona city 6088 1752 1040 1096 2200
Riverside Desert Hot Springs city 3873 569 535 688 2081 Riverside Eastvale City 3028 1145 672 635 576
Riverside Hemet city 6466 812 732 1174 3748
Riverside Indian Wells city 382 117 81 91 93
Riverside Indio city 7812 1793 1170 1315 3534
Riverside Jurupa Valley City 4497 1207 749 731 1810
Riverside La Quinta city 1530 420 269 297 544
Riverside Lake Elsinore city 6681 1878 1099 1134 2570
Riverside Menifee city 6609 1761 1051 1106 2691
Riverside Moreno Valley city 13627 3779 2051 2165 5632
Riverside Murrieta city 3043 1009 583 545 906
Riverside Norco city 454 145 85 82 142
Riverside Palm Desert city 2790 675 460 461 1194
Riverside Palm Springs city 2557 545 408 461 1143
Riverside Perris city 7805 2030 1127 1274 3374
Riverside Rancho Mirage city 1746 430 318 328 670
Riverside Riverside city 18458 4861 3064 3139 7394
Riverside San Jacinto city 3392 800 465 560 1567
Riverside Temecula city 4193 1359 801 778 1255
Riverside Unincorporated Riverside Co. 40647 10371 6627 7347 16302 Riverside Wildomar city 2715 798 450 434 1033
San Bernardino Adelanto city 3763 394 566 651 2152
San Bernardino Apple Valley town 4290 1086 600 747 1857 San Bernardino Barstow city 1520 172 228 300 820
San Bernardino Big Bear Lake city 212 50 33 37 92
San Bernardino Chino city 6978 2113 1284 1203 2378
San Bernardino Chino Hills city 3729 1388 821 789 731
San Bernardino Colton city 5434 1318 668 906 2542
San Bernardino Fontana city 17519 5109 2950 3035 6425
San Bernardino Grand Terrace city 630 189 92 106 243
San Bernardino Hesperia city 8155 1921 1231 1409 3594
San Bernardino Highland city 2513 619 409 471 1014
San Bernardino Loma Linda city 2051 523 311 352 865
SCAG Page 5 of 6

4.1.d
Packet Pg. 545 Attachment: 6th Cycle SCAG Final Allocation Plan - July 2021 (6th Cycle - 2021-2029 - San Jacinto Housing Element) SCAG 6TH CYCLE FINAL RHNA ALLOCATION PLAN

ALLOCATION BY LOCAL JURISDICTION
County Jurisdiction Total
Very-low
income Low income
Moderate
income
Abovemoderate
income
San Bernardino Montclair city 2593 698 383 399 1113
San Bernardino Needles city 87 10 11 16 50
San Bernardino Ontario city 20854 5640 3286 3329 8599
San Bernardino Rancho Cucamonga city 10525 3245 1920 2038 3322 San Bernardino Redlands city 3516 967 615 652 1282
San Bernardino Rialto city 8272 2218 1206 1371 3477
San Bernardino San Bernardino city 8123 1415 1097 1448 4163 San Bernardino Twentynine Palms city 1047 231 127 185 504 San Bernardino Unincorporated San Bernardino Co. 8832 2179 1360 1523 3770 San Bernardino Upland city 5686 1584 959 1013 2130
San Bernardino Victorville city 8165 1735 1136 1504 3790 San Bernardino Yucaipa city 2866 708 493 511 1154
San Bernardino Yucca Valley town 750 155 117 145 333
Ventura Camarillo city 1376 353 244 271 508
Ventura Fillmore city 415 73 61 72 209
Ventura Moorpark city 1289 377 233 245 434
Ventura Ojai city 53 13 9 10 21
Ventura Oxnard city 8549 1840 1071 1538 4100
Ventura Port Hueneme city 125 26 16 18 65
Ventura San Buenaventura (Ventura) city 5312 1187 865 950 2310 Ventura Santa Paula city 657 102 99 121 335
Ventura Simi Valley city 2793 749 493 518 1033
Ventura Thousand Oaks city 2621 735 494 532 860
Ventura Unincorporated Ventura Co.1262 319 225 250 468
*The 6th Cycle RHNA Allocation Plan was approved by HCD on 3/22/21. Per Government Code Section 65584.07, transfers from a county to city or cities may take place under certain conditions. This Plan includes a transfer from the County of Orange to the City of Santa Ana, which was approved by the SCAG Regional Council on 6/3/21, and a transfer from the County of Orange to the City of Placentia, which was approved on 7/1/21.

SCAG Page 6 of 6

4.1.d
Packet Pg. 546 Attachment: 6th Cycle SCAG Final Allocation Plan - July 2021 (6th Cycle - 2021-2029 - San Jacinto Housing Element) 1 Final RHNA Allocation Methodology

EXECUTIVE SUMMARY
SCAG is required to develop a final RHNA methodology to distribute existing and projected housing need for the 6th cycle RHNA for each jurisdiction, which will cover the planning period October 2021 through October 2029. Following extensive feedback from stakeholders during the proposed methodology comment period and an extensive policy discussion, SCAG’s Regional Council voted to approve the Draft RHNA Methodology on November 7, 2019, as described below, and provide it to the State Department of Housing and Community Development (HCD) for their statutory review.  On January 13, 2020, HCD completed its review of the draft methodology and found that it furthers the five statutory objectives of RHNA and on March 4, 2020, SCAG’s Regional Council voted to approve the Final RHNA Methodology. The overall framework for this methodology is included in the table below and further described in the rest of this document.

Projected need Existing need Income categories
Household growth 2020‐
2030
Transit accessibility (HQTA
population 2045)
150% social equity
adjustment minimum
Future vacancy need Job accessibility
0‐30% additional adjustment
for areas with lowest or
highest resource
concentration
Replacement need Residual distribution within
the county

HOUSING CRISIS
There is no question that there is an ongoing housing crisis throughout the State of California. A variety of measures indicate the extent of the crisis including overcrowding and cost‐burdened households, but the underlying cause is due to insufficient housing supply despite continuing population growth over recent decades.

As part of the RHNA process SCAG must develop a final RHNA methodology, which will determine each jurisdiction’s draft RHNA allocation as a share of the regional determination of existing and projected housing need provided by the California Department of Housing and Community Development (HCD). There are several requirements outlined by Government Code Section 65584.04, which will be covered in different sections of this packet:
 Allocation methodology, per Government Code 65584.04(a)  How the allocation methodology furthers the objectives State housing law, per GC 65584.04(f)

4.1.e
Packet Pg. 547 Attachment: 6th Cycle Final RHNA Methodology - March 2020 (6th Cycle - 2021-2029 - San Jacinto Housing Element) 2  How local planning factors are incorporated into the RHNA methodology, per GC 65584.04(f)
 Furthering the objectives of affirmatively furthering fair housing (AFFH), per GC 65584.04(d)
 Public engagement, per GC 65584.04(d)
Additionally, SCAG has developed a dynamic estimator tool and data appendix that contains a full set of various underlying data and assumptions to support the methodology. Due to the size of the appendix, a limited number of printed copies are available. SCAG has posted the dynamic estimator tool and full methodology appendix, on its RHNA webpage: www.scag.ca.gov/rhna.

Per State housing law, the RHNA methodology must distribute existing and projected housing need to all jurisdictions. The following section provides the final methodology for distributing projected and existing need to jurisdictions from the RHNA regional determination provided by the California Department of Housing and Community Development (HCD) pursuant to Government Code Section 65584.01.

Guiding Principles for RHNA Methodology
In addition to furthering the five objectives pursuant to Government Code 65585(d), there are several guiding principles that SCAG staff has developed to use as the basis for developing the distribution mechanism for the RHNA methodology. These principles are based on the input and guidance provided by the RHNA Subcommittee during their discussions on RHNA methodology between February 2019 and June 2019.

1. The housing crisis is a result of housing building not keeping up with growth over the last several decades. The RHNA allocation for all jurisdictions is expected to be higher than the 5th RHNA cycle.

2. Each jurisdiction must receive a fair share of their regional housing need. This includes a fair share of planning for enough housing for all income levels, and consideration of factors that indicate areas that have high and low concentration of access to opportunity.

3. It is important to emphasize the linkage to other regional planning principles to develop more efficient land use patterns, reduce greenhouse gas emissions, and improve overall quality of life.

The jurisdictional boundaries used in the recommended RHNA methodology will be based on those as of August 31, 2016. Spheres of influence in unincorporated county areas are considered within unincorporated county boundaries for purposes of RHNA.

Proposed RHNA Allocation Methodology
The proposed RHNA methodology, which was released for public review on August 1, contained three (3) options to distribute HCD’s regional determination for existing and projected need for the

4.1.e
Packet Pg. 548 Attachment: 6th Cycle Final RHNA Methodology - March 2020 (6th Cycle - 2021-2029 - San Jacinto Housing Element) 3 SCAG region. HCD provided SCAG a final regional determination of 1,341,827 units for the 6th cycle RHNA on October 15, 2019.1
The three options were developed based on RHNA Subcommittee feedback on various factors at their meetings between February and June 2019 and feedback from stakeholders. SCAG solicited formal public comment on the three options and any other factors, modifications, or alternative options during the public comment period, which commenced on August 1 and concluded on September 13, 2019.

Four public hearings were conducted to formally receive verbal and written comments on the proposed RHNA methodology, in addition to one public information session with a total participation of approximately 250 people.  Almost 250 written comments were submitted to SCAG specifically on the proposed methodology and over 35 verbal comments were shared at four (4) public hearings held in August 2019.

Draft and Final RHNA Allocation Methodology
Based on comments received during the public comment period, staff recommended a combination of the three options in the proposed methodology further enhanced by factors specifically suggested by stakeholders.

On November 7, 2019, SCAG’s Regional Council voted to approve the Draft RHNA Methodology.

The approved draft methodology included modifications to the staff‐recommended draft methodology for calculating existing housing need to more closely align the methodology with job and transit accessibility factors.

On January 13, 2020, HCD completed their statutory review and found that SCAG’s Draft RHNA Methodology furthers the five statutory objectives of RHNA, which allows SCAG to finalize the RHNA methodology and issue draft RHNA allocations to each individual jurisdiction.  HCD’s comment letter, which can be found at www.scag.ca.gov/rhna, notes:
“HCD has completed its review of the methodology and finds that the draft SCAG RHNA methodology furthers the five statutory objectives of RHNA.  HCD acknowledges the complex task of developing a methodology to allocate RHNA to 197 diverse jurisdictions while furthering the five statutory objectives of RHNA.  This methodology generally distributes more RHNA, particularly lower income RHNA, near jobs, transit, and resources linked to long term improvements of life outcomes.  In particular, HCD applauds the use of objective factors specifically linked the statutory objectives in the existing need methodology.”
Following this finding, staff recommended the draft RHNA methodology as the final RHNA methodology.  On March 5, 2020, SCAG’s Regional Council approved Resolution No. 20‐619‐2

1 On September 5, 2019, the SCAG Regional Council voted to object to HCD the regional determination of 1,344,740, per Government Code Section 65584.01, that was provided on August 15, 2019. After review of SCAG’s objection letter, HCD provided a final regional determination of 1,341,827 units on October 15, 2019.

4.1.e
Packet Pg. 549 Attachment: 6th Cycle Final RHNA Methodology - March 2020 (6th Cycle - 2021-2029 - San Jacinto Housing Element) 4 adopting the Final RHNA Methodology for the Sixth Housing Element Cycle.  Following the formal distribution of draft RHNA allocations based on the Final RHNA methodology and a separate appeals phase described in Government Code 65584.05 et seq., RHNA allocations will be finalized in approximately October 2020.

The next section describes the final RHNA methodology mechanism to distribute the 1,341,827 housing units determined by HCD to all SCAG jurisdictions.

Determining Existing Need and Projected Need
SCAG’s final RHNA methodology starts with the total regional determination provided by HCD and separates existing need from projected need.

Projected need is considered as household growth for jurisdictions between the RHNA projection period between July 1, 2021 and October 1, 2029, in addition to a calculated future vacancy need and replacement need. For projected household growth, SCAG’s Connect SoCal growth forecast for the years 2020‐2030 is used as the basis for calculating projected housing unit need for the region.

The anticipated growth in households over this period is multiplied by 0.825 to approximate growth during the 8.25‐year RHNA projection period of July 1, 2021 to October 1, 2029.

For several jurisdictions, SCAG’s growth forecast includes projected household growth on tribal land.  For these jurisdictions, SCAG’s estimate of household growth on tribal land from July 1, 2021 to October 1, 2029 is subtracted from the jurisdictional projected household growth (see note in the accompanying dynamic estimator tool).  A vacancy adjustment of 1.5% for owner‐occupied units and 5% for renter‐occupied units representing healthy‐market vacancy will be applied to projected household growth to determine future vacancy need. Next a replacement need is added, which is an estimate of expected replacement need over the RHNA period. Based on these components, the regional projected need is 504,970 units.

Existing need is considered the remainder of the regional determination after projected need is subtracted. Based on this consideration, the regional existing need is 836,857 units.

Determining a Jurisdiction’s RHNA Allocation (Existing and Projected Need) In determining the existing need and projected need for the region, the methodology applies a three‐step process to determine a jurisdiction’s RHNA allocation by income category:

1. Determine a jurisdiction’s projected housing need
a. Assign household growth to jurisdictions based on SCAG’s Connect SoCal Regional Transportation Plan/Sustainable Communities Strategy Growth Forecast between 2020 and 2030
b. Calculate a jurisdiction’s future vacancy need by applying a healthy market vacancy rate separately to the jurisdiction’s owner and renter households c. Assign a replacement need to jurisdictions based on each jurisdiction’s share of regional net replacement need based on information collected from the replacement need survey submitted by local jurisdictions

4.1.e
Packet Pg. 550 Attachment: 6th Cycle Final RHNA Methodology - March 2020 (6th Cycle - 2021-2029 - San Jacinto Housing Element) 5 2. Determine a jurisdiction’s existing housing need
a. Assign 50 percent of regional existing need based on a jurisdiction’s share of region’s population within the high quality transit areas (HQTAs) based on future 2045 HQTAs b. Assign 50 percent of regional existing need based on a jurisdiction’s share of the region’s jobs that can be accessed within a 30‐minute driving commute c. For extremely disadvantaged communities (hereafter “DACs,” see definition below), identify residual existing need, which is defined herein as total housing need in excess of household growth between 2020 and 20452
.  DACs are jurisdictions with more than half
of the population living in high segregation and poverty or low resource areas as defined by the California Tax Credit Allocation Committee (TCAC)/HCD Opportunity Index Scores further described in the document.
d. Reallocate residual existing need by county to non‐DAC jurisdictions within the same county based on the formula in (a) and (b) above, i.e. 50% transit accessibility and 50% job accessibility.

3. Determine a jurisdiction’s total housing need
a. Add a jurisdiction’s projected housing need from (1) above to its existing housing need from (2) above to determine its total housing need.

4. Determine four RHNA income categories (very low, low, moderate, and above moderate) a. Use a minimum 150% social equity adjustment
b. Add an additional percentage of social equity adjustment to jurisdictions that have a high concentration of very low or very high resource areas using the California Tax Credit Allocation Committee (TCAC)’s index scoring
i. Add a 10% social equity adjustment to areas that are designated as 70‐80% very high or very low resource area
ii. Add a 20% social equity adjustment to areas that are designated as 81‐90% very high or very low resource area
iii. Add a 30% social equity adjustment to areas that are designated as 91‐100% very high or very low resource area
Methodology Component Assigned units
Projected need: Household
growth
466,958
Projected need: Future
vacancy need
14,467
Projected need: Replacement
need
23,545
Projected need subtotal 504,970

2 Since HCD’s regional determination of 1,341,827 exceeds SCAG’s 2020‐2045 household growth forecast of 1,297,000 by 3.46 percent, for the purposes of existing need allocation, exceeding “local input” or more accurately, Connect SoCal Growth Forecast, household growth shall mean exceeding 1.0368 times household growth.

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Packet Pg. 551 Attachment: 6th Cycle Final RHNA Methodology - March 2020 (6th Cycle - 2021-2029 - San Jacinto Housing Element) 6 Percentage of Existing Need Assigned units
Existing need: Transit
accessibility
50% 418,429
Existing need: Job
accessibility
50% 418,428
Existing need subtotal 836,857
Total regional need 1,341,827
Step 1: Determine Projected Housing Need
The first step of the RHNA methodology is to determine a jurisdiction’s projected need. From the regional determination, projected need is considered to be regional household growth, regional future vacancy need, and regional replacement need.

To determine a jurisdiction’s projected need, the methodology uses a three‐step process:
a. Determine the jurisdiction’s regional projected household growth based on local input b. Determine future vacancy need based on a jurisdiction’s existing composition of owner and renter households and apply a vacancy rate on projected household growth based on the following:
a. Apply a 1.5% vacancy need for owner households
b. Apply a 5.0% vacancy need for renter households
c. Determine a jurisdiction’s net replacement need based on replacement need survey results Step 1a: Projected Household Growth
SCAG’s Connect SoCal regional growth forecast reflects recent and past trends, key demographic and economic assumptions, and local, regional, state, and national policy. SCAG’s regional growth forecasting process also emphasizes the participation of local jurisdictions and other stakeholders.

The growth forecast process kicked off on May 30, 2017 with a panel of experts meeting wherein fifteen academic scholars and leading practitioners in demographics and economics were invited to review key input assumptions for the growth forecast including expected job growth, labor force

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Packet Pg. 552 Attachment: 6th Cycle Final RHNA Methodology - March 2020 (6th Cycle - 2021-2029 - San Jacinto Housing Element) 7 participation, birth rates, immigration and household formation rates.  SCAG staff then incorporated the recommendations of the panel of experts into a preliminary range of population, household, and employment growth figures for 2016, 2020, 2030, 2035, and 2045 for the region and six counties individually.

SCAG further projects jurisdiction‐level and sub‐jurisdiction‐level employment, population, and households using several major data sources, including:
- California Department of Finance (DOF) population and household estimates; - California Employment Development Department (EDD) jobs report by industry; - 2015 existing land use and General Plans from local jurisdictions; - 2010 Census and the latest ACS data (2013‐2017 5‐year samples); - County assessor parcel databases;
- 2011 and 2015 Business Installment data from InfoGroup; and - SCAG’s 2016 RTP/SCS growth forecast.

On October 31, 2017, the preliminary small area (i.e. jurisdiction and sub‐jurisdiction) growth forecasts were released to local jurisdictions for their comments and input.  This kicked off SCAG’s Bottom‐Up Local Input and Envisioning Process which provided each local jurisdiction with their preliminary growth forecast information as well as several other data elements both produced by SCAG and other agencies which are related to the development of Connect SoCal.  Data map books were generated and provided electronically and in hard copy format and included detailed parcel‐ level land use data, information on resource areas, farmland, transportation, geographical boundaries and the draft growth forecast.  Complete information on the Data map books and the Bottom‐Up Local Input and Envisioning Process can be found at http://scagrtpscs.net/Pages/DataMapBooks.aspx.  Over the next eight months, SCAG staff conducted one‐on‐one meetings with all 197 local jurisdictions to explain methods and assumptions behind the jurisdiction and sub‐jurisdiction growth forecast as well as to provide an opportunity to review, edit, and approve SCAG’s preliminary forecast for population, employment, and households for 2016, 2020, 2030, 2035, and 2045.

Between October 2018 and February 2019, SCAG reviewed local input on the growth forecast and other data map book elements.  The local input growth forecast was evaluated at the county and regional level for the base year of 2016 and the horizon year of 2045 and was found to be technically sound.  Specifically, as it relates to SCAG’s local input household forecast:
- The forecast generates a 2045 regional unemployment rate of 4.7 percent which is reasonable based on past trends and ensured that the forecast is balanced, i.e. there are not too many jobs for the number of anticipated workers
- The forecast generates a 2045 population‐to‐household ratio of 2.9 which is consistent with the preliminary forecast and reflects expert‐anticipated decreases in this ratio, ensuring that there are not too many people for the anticipated number of households region‐wide - From 2020‐2045, the forecast anticipates household growth of 21 percent and population growth of 15 percent, indicating an alleviation of the region’s current housing shortage over this future period.

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Packet Pg. 553 Attachment: 6th Cycle Final RHNA Methodology - March 2020 (6th Cycle - 2021-2029 - San Jacinto Housing Element) 8 SCAG's growth forecast for the years 2020‐2030 is used as the basis for calculating projected housing unit need.  Because the 6th cycle RHNA projection period covers July 1, 2021 through October 15, 2029, it is necessary to adjust reported household growth between 2020 and 2030 and adjust it to an

8.25 year projection period. The anticipated growth in households over this period is multiplied by

0.825 to approximate growth during the 8.25‐year RHNA projection period (July 1, 2021 to October 15, 2029).

Step 1b: Future Vacancy Need
The purpose of a future vacancy need is to ensure that there are enough vacant units to support a healthy housing market that can genuinely accommodate projected household growth. An undersupply of vacant units can prevent new households from forming or moving into a jurisdiction.

Formulaically, future vacancy need is a percentage applied to the jurisdiction’s household growth by tenure type (owner and renter households). While individual jurisdictions may experience different vacancy rates at different points in time, future vacancy need is independent of existing conditions and instead is a minimum need to support household growth.

To calculate a jurisdiction’s future vacancy need, its proportion of owner‐occupied units and renter‐ occupied units are determined using American Community Survey (ACS) 2013‐2017 data—the most recent available at the time of the draft methodology’s development. The percentages are applied to the jurisdiction’s projected household growth from the previous step, which results in the number of projected households that are predicted to be owners and those that are predicted to be renters.

Next, two different vacancy rates are applied based on the regional determination provided by HCD.

The recommended methodology uses 1.5 percent for owner‐occupied units and a rate of 5 percent for renter‐occupied units. The difference is due to the higher rates of turnover generally reported by renter unitsin comparison to owner‐occupied units. The vacancy rates are applied to their respective tenure category to determine how many future vacant units are needed by tenure and then added together to get the total future vacancy need.

Step 1c: Replacement Need
Residential units are demolished for a variety of reasons including natural disasters, fire, or desire to construct entirely new residences. Each time a unit is demolished, a household is displaced and disrupts the jurisdiction’s pattern of projected household growth. The household may choose to live in a vacant unit or leave the jurisdiction, of which both scenarios result in negative household growth through the loss of a vacant unit for a new household or subtracting from the jurisdictions number of households.

Forthese reasons,replacement need is a required component of the regional determination provided by HCD. The methodology’s replacement need will be calculated using a jurisdiction’s net replacement need based on data submitted for the replacement need survey, which was conducted between March and April 2019.

Each jurisdiction’s data on historical demolitions between reporting years 2008 and 2018, which was collected from the California Department of Finance (DOF), was tabulated and provided to

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Packet Pg. 554 Attachment: 6th Cycle Final RHNA Methodology - March 2020 (6th Cycle - 2021-2029 - San Jacinto Housing Element) 9 jurisdictions in the replacement need survey. Jurisdictions were asked to provide data on units that replaced the reported demolished units. A net replacement need was determined based on this information for each jurisdiction.

After determining each of the projected housing need components, they are combined to determine a jurisdiction’s projected housing need.

Step 2: Determine Existing Housing Need
After determining a jurisdiction’s projected need,the nextstep isto determine a jurisdiction’s existing need. Following the above discussion and based on HCD’s determination of total regional housing need, existing need is defined asthe total need minusthe projected need—approximately 62 percent of the entire regional determination. SCAG’s Regional Council determined that the regional existing need be split into two parts:
 Fifty (50) percent on population near transit (HQTA), or 31 percent of total need  Fifty (50) percent on job accessibility, or 31 percent of total need Step 2a: Share of Regional HQTA Population
The next step involves the consideration of proximity to transit to distribute fifty (50) percent of the region’s existing housing need, in an effort to better align transportation and housing planning.

For several years, SCAG has developed a measure called High Quality Transit Areas (HQTAs) which are areas within a half‐mile of transit stations and corridors with at least a fifteen (15) minute headway during peak hours for bus service.  HQTAs are based on state statutory definitions of high‐ quality transit corridors (HQTCs) and major transit stops.  For the development of Connect SoCal, freeway‐running HQTCs have been excluded from HQTAs to better reflect the level of service they provide to nearby areas.

Planned HQTCs and major transit stops for future years are improvements that are expected to be implemented by transit agencies by the Connect SoCal horizon year of 2045.   SCAG updates its inventory with the quadrennial adoption of each RTP/SCS; however, planning and environmental

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Packet Pg. 555 Attachment: 6th Cycle Final RHNA Methodology - March 2020 (6th Cycle - 2021-2029 - San Jacinto Housing Element) 10 impact studies may be completed by transit agencies more frequently.  Therefore, HQTAs in future years reflect the best information currently available to SCAG regarding the location of future high‐ quality transit service accessibility.   More detailed information on HQTA‐related definitions is available in the data appendix.

50 percent of the regional existing housing need will be distributed based on a jurisdiction’s share of regional residential population within an HQTA, based on the HQTA boundaries used in the final Connect SoCal Plan anticipated to be adopted by SCAG in April 2020.  Not all jurisdictions have an HQTA within their jurisdictional boundaries and thus may not receive existing need based on this factor.

Step 2b: Job Accessibility
The concept behind job accessibility isto further the statewide housing objective and SCAG’s Connect SoCal objective of improving the relationship between jobs and housing. While none of the three options presented in the proposed RHNA methodology included a factor directly based on job accessibility, an overwhelming number of public comments expressed support for the methodology to include this specific component.

The methodology assigns fifty (50) percent of regional existing need based on job accessibility. Job accessibility is based on the share of the region’s jobs accessible by a thirty (30) minute commute by car in 2045.  Importantly, the RHNA methodology’s job access factor is not based on the number of jobs within a jurisdiction from SCAG’s Connect SoCal Plan or any other data source.  Rather, it is a measure based on of how many jobs can be accessed from that jurisdiction within a 30‐minute commute, which includes jobs in other jurisdictions.  Since over 80 percent of SCAG region workers live and work in different jurisdictions, genuinely improving the relationship between jobs and housing necessitates an approach based on job accessratherthan the number of jobsin a jurisdiction.

These job accessibility data are derived at the transportation analysis zone (TAZ) level from travel demand modelling output from SCAG’s final Connect SoCal Plan. SCAG realizes that in many jurisdictions, especially larger ones, job access many not be uniform in all parts of the city or county.

However, since the RHNA process requires allocating housing need at the jurisdictional‐level, staff reviewed several waysto measure the typical commuter’s experience in each jurisdiction.  Ultimately, the share of the region’s jobs that could be accessed by a jurisdiction’s median TAZ was found to be the best available measure of job accessibility for that jurisdiction.  Based on this measure, in central parts of the region, residents of some jurisdictions can access as much as 23 percent of the region’s jobs in a 30 minute car commute, while the average across all the region’s jurisdictions was 10.5 percent.

This measure is multiplied by a jurisdiction’s share of total population in order to allocate housing unit need to jurisdictions.  This important step ensures that the potential beneficiaries of greater accessibility (i.e., the population in a jurisdiction with good job access) are captured in the methodology.  Based on this approach, jurisdictions with limited accessibility to jobs will receive a smaller RHNA allocation based on this component.

Step 2c: “Residual” Adjustment Factor for Existing Need

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Packet Pg. 556 Attachment: 6th Cycle Final RHNA Methodology - March 2020 (6th Cycle - 2021-2029 - San Jacinto Housing Element) 11 In many jurisdictions defined as “disadvantaged communities (DACs)”, the calculated projected and existing need is higher than its household growth between 2020 and 2045, as determined by the SCAG Growth Forecast used in the final Connect SoCal regional plan. Those DAC jurisdictions that have a need as determined by the RHNA methodology as higher than its 2020 to 2045 household growth3 will be considered as generating “residual” existing need. Residual need will be subtracted from jurisdictional need in these casesso that the maximum a DAC jurisdiction will receive for existing need is equivalent to its 2020 to 2045 household growth. Not all DAC jurisdictions will have a residual existing need.

A county total of residual existing need will be calculated and then redistributed with the same county to non‐DAC jurisdictions. The redistribution will be assigned to jurisdictions based on transit accessibility (50%) and job accessibility (50%), and will exclude DAC jurisdictions which have over 50% of their populations in very low resource areas using California Tax Credit Allocation Committee (TCAC)/HCD Opportunity Indices.

Very low resource areas are areas that have least access to opportunity as measured by indicators such as poverty levels, low wage job proximity, math and reading proficiency, and pollution levels.

This mechanism will help to further AFFH objectives since residual existing RHNA need, which includes additional affordable units, will be assigned to areas that are not identified as those with the

3 Since HCD’s regional determination of 1,341,827 exceeds SCAG’s 2020‐2045 household growth forecast of 1,297,000 by 3.68 percent, for the purposes of existing need allocation, exceeding “local input” or “Connect SoCal” household growth shall mean exceeding 1.0368 times household growth.

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Packet Pg. 557 Attachment: 6th Cycle Final RHNA Methodology - March 2020 (6th Cycle - 2021-2029 - San Jacinto Housing Element) 12 lowest resources, which will increase accessto opportunity. A full discussion on the TCAC opportunity indicators is provided in the following section on social equity adjustment. Data relating to the TCAC opportunity indicator categories for each jurisdiction can be found in the RHNA methodology data appendix and in the accompanying RHNA allocation estimator tool on the RHNA webpage:
www.scag.ca.gov/rhna.

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Packet Pg. 558 Attachment: 6th Cycle Final RHNA Methodology - March 2020 (6th Cycle - 2021-2029 - San Jacinto Housing Element) 13 Step 3: Determining Total Housing Need
After determining a jurisdiction’s projected housing need from step 1 and its existing housing need from step 2, the sum of the projected and existing need becomes a jurisdiction’s total housing need.

Step 4: Determining Four Income Categories through Social Equity Adjustment After determining a jurisdiction’s total RHNA allocation, the next step is to assign the total into four RHNA income categories. The four RHNA income categories are:
 Very low (50 percent or less of the county median income);  Low (50‐80 percent);
 Moderate (80 to 120 percent); and
 Above moderate (120 percent and above)
The fourth RHNA objective specifically requires that the RHNA methodology allocate a lower proportion of housing need in jurisdictions that already have a disproportionately high concentration of those households in comparison to the county distribution. Additionally, the fifth objective, affirmatively furthering fair housing (AFFH), requires that the RHNA methodology further the objectives of addressing significant disparities in housing needs and access to opportunity in order to overcome patterns of segregation.

To further these two objectives, the RHNA methodology includes a minimum 150 percent social equity adjustment and an additional 10 to 30 percent added in areas with significant populations that are defined as very low or very high resource areas, referred to as an AFFH adjustment.  This determines the distribution of four income categories for each jurisdiction.

Jurisdiction’s
projected housing
need
Jurisdiction’s
existing housing
need
Jurisdiction’s
Total Housing
Need

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Packet Pg. 559 Attachment: 6th Cycle Final RHNA Methodology - March 2020 (6th Cycle - 2021-2029 - San Jacinto Housing Element) 14 A social equity adjustment ensures that jurisdictions accommodate their fair share of each income category. First, the percentage of each jurisdiction’s distribution of four income categories is determined using the county median income as a benchmark. For example, in Los Angeles County, a household earning less than $30,552 annually, or 50 percent of the county median income, would be considered a very low income household. A household in Los Angeles County earning more than $73,218 annually, or 120 percent of the county median income, would be counted in the above moderate category. The number of households in each category is summed and then a percentage of each category is then calculated.

For reference, below is the median household income by county.  Imperial County: $44,779
 Los Angeles County: $61,015
 Orange County: $81,851
 Riverside County: $60,807
 San Bernardino County: $57,156
 Ventura County: $81,972
 SCAG region: $64,114
Source: American Community Survey (ACS) 2013‐2017 5‐year estimates Once a jurisdiction’s household income distribution by category is determined, the percentage is compared to the county’s percentage of existing household income distribution. For example, if a jurisdiction has an existing distribution of 30 percent of very low income households while the county is 25 percent, the jurisdiction is considered as having an overconcentration of very low income households compared to the county. A social equity adjustment ensures that the jurisdiction will be assigned a smaller percentage of very low income households for its RHNA allocation than both what it and the county currently experience.

If the jurisdiction is assigned a social equity adjustment of 150 percent, the formula to calculate its very low income percentage is:

Household Income Level Formula to Calculate City A Social Equity Adjustment of 150% Very Low Income 30%‐[(30%‐25%)x1.5] = 22.5%
In this example, 22.5 percent of the jurisdiction’stotal RHNA allocation would be assigned to the very low income category. This adjustment is lower than both its existing household income distribution (30 percent) and the existing county distribution (25 percent).

The inverse occurs in higher income categories. Assuming 20 percent of a jurisdiction’s households are above moderate income while 25 percent of the county’s households are above moderate income, the jurisdiction will be assigned a distribution of 27.5 percent for above moderate income need.

Household Income Level Formula to Calculate City A Social Equity Adjustment of 150% Above moderate income 20%‐[(20%‐25%)x1.5] = 27.5%

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Packet Pg. 560 Attachment: 6th Cycle Final RHNA Methodology - March 2020 (6th Cycle - 2021-2029 - San Jacinto Housing Element) 15 If the adjustment was 100 percent a jurisdiction’s distribution would be exactly the same as the County’s distribution. Conceptually a 150 percent adjustment means that the City meets the County distribution and goes beyond that threshold by 50 percent, resulting in a higher or lower distribution than the County depending on what existing conditions are in the City. The higher the adjustment, the more noticeable the difference between the jurisdiction’s existing household income distribution and its revised distribution.

The RHNA methodology recommends a minimum of 150 percent social equity adjustment with an additional 10, 20, or 30 percent added depending on whether the jurisdiction is considered a very low or very high resource area based on its Opportunity Index score.

In 2015 the U.S. Department of Housing and Urban Development (HUD) developed a set of “Opportunity Indices” to help states and localities identify factors that contribute to fair housing issues in their region and comply with the federal Fair Housing Act. In late 2017, a Task Force convened by HCD and the California Tax Credit Allocation Committee (TCAC) released an “Opportunity mapping” tool based on these HUD indices to identify areas in California that can “offer low‐income children and adults the best chance at economic advancement, high educational attainment, and good physical and mental health.”4
The TCAC and HCD Opportunity mapping tool includes a total of eleven (11) census‐tract level indices to measure exposure to opportunity in local communities. The indices are based on measures of economic, environmental, and educational opportunities within communities. Regional patterns of segregation are also identified based on this tool. Below is a summary table of the 11 indices sorted by type:

Economic Environment Education
Poverty CalEnviroScreen 3.0 indicators
 Ozone
 PM2.5
 Diesel PM
 Drinking water
contaminates
 Pesticides
 Toxic releases from
facilities
 Traffic density
 Cleanup sites
 Groundwater threats
 Hazardous waste
 Impaired water bodies
 Solid waste sites
Math proficiency
Adult education Reading proficiency
Employment High school graduation rates
Low‐wage job proximity   Student poverty rate
Median home value

4 California Fair Housing Taskforce Revised opportunity Mapping Technology, Updated November 27, 2018:
https://www.treasurer.ca.gov/ctcac/opportunity/final‐opportunity‐mapping‐methodology.pdf

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Packet Pg. 561 Attachment: 6th Cycle Final RHNA Methodology - March 2020 (6th Cycle - 2021-2029 - San Jacinto Housing Element) 16 Based on its respective access to opportunity, each census tract is given a score that designates it under one of the following categories:
 High segregation & poverty
 Low resource
 Moderate resource
 High resource
 Highest resource
Tract‐level indices were summed to the jurisdictional‐level by SCAG using area‐weighted interpolation.  Using 2013‐2017 American Community Survey population data, SCAG determined the share of each jurisdiction’s population in each of these five categories.  For example:

Lowest Resource Very High
Resource
Opportunity
Indicator
Category
High
segregation &
poverty
Low resource Moderate
resource
High
resource
Highest
resource
City A
Percentage of
population
10% 10% 30% 30% 20%
City B
Percentage of
population
90% 5% 5% 0% 0%
City C
Percentage of
population
0% 0% 10% 15% 75%
The recommended methodology determines high resource concentration using the “very high” resource area score.   The recommended methodology determines “lowest” resource areas by combining the two lowest measures.  In the above table, City B would be considered to have a much higher concentration of lower resource areas than City A. City C would be considered to have a much higher concentration of highest resource areas. 5
 High segregation & Poverty + Low Resource = Lowest Resource  Highest Resource
Jurisdictions that are identified as having between 70 and 100 percent of the population within a lowest or very high resource area are assigned an additional 10 and 30 percent social equity adjustment:

5 As a cross‐reference, if City B has both a high job and transit accessibility it would be exempt from the redistribution of residual existing need from the RHNA methodology’s Step 2d because more than 50 percent of its population is within a very low resource area. On the other hand City A and City C, if they have a high job and transit access, would not be exempt from receiving regional residual need because they have only 20 percent and 0 percent of their respective population within a very low resource area.

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Packet Pg. 562 Attachment: 6th Cycle Final RHNA Methodology - March 2020 (6th Cycle - 2021-2029 - San Jacinto Housing Element) 17 Concentration of population within very low or
very high resource area
Additional social equity adjustment
70‐80% +10%
80‐90% +20%
90‐100% +30%
In the example table, City B would receive an additionalsocial equity adjustment of 30% because 95% of its population is within a lowest resource area (sum of high segregation & poverty and low resource measures). City C would receive an additional social equity adjustment of 10% because 75% of its population is within a very high resource area. City A would not receive a further adjustment because it does not have a high enough concentration of population within either the lowest or very high resource categories.

Assigning a higher social equity adjustment based on Opportunity Indices will result in a higher percentage of affordable housing unitsto areasthat have higherresources. Concurrently, it will assign a lower percentage of affordable housing in areas where they is already an overconcentration.

Because Opportunity Indices consider factors such as access to lower wage jobs, poverty rates, and school proficiency, the social equity adjustment in the RHNA methodology will result in factors beyond simply household income distribution. This additional adjustment will help to adjust the disparity in access to fair housing across the region, furthering the AFFH objective required in State housing law.

Once the social equity adjustment is determined, it is used to assign need to the four income categories.

Final Adjustments
On a regional level the final RHNA allocation plan must be the same as the regional determination, by income category, provided by HCD. The final RHNA methodology will result in slight differences, among income categories, since income categories are required to use county distributions as benchmarks and the HCD determination does not include county‐level benchmarks. For this reason, after the initial income categories are determined for jurisdictions, SCAG will apply a normalization adjustment to the draft fsRHNA allocation to ensure that the regional total by income category is maintained.

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Packet Pg. 563 Attachment: 6th Cycle Final RHNA Methodology - March 2020 (6th Cycle - 2021-2029 - San Jacinto Housing Element) 18 Additionally, in the event that a jurisdiction receives an allocation of zero (0) units under the RHNA methodology a minimum RHNA allocation of eight (8) units would be assigned. Government Code Section 65584.04(m)(2) requires that the final RHNA allocation plan ensure that each jurisdiction receive an allocation of units for low‐ and very low income households. Under these circumstances, SCAG will assign those jurisdictions a minimum of four (4) units in the very low income category and four (4) units in the low income category for a draft RHNA allocation of eight (8) units.

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Packet Pg. 564 Attachment: 6th Cycle Final RHNA Methodology - March 2020 (6th Cycle - 2021-2029 - San Jacinto Housing Element) 19 Meeting the Objectives of RHNA
Government Code Section 65584.04(a) requires that the RHNA methodology furthers the five objectives of the Regional Housing Needs Assessment:
(1) Increasing the housing supply and the mix of housing types, tenure, and affordability in all cities and counties within the region in an equitable manner, which shall result in each jurisdiction receiving an allocation of units for low‐ and very low income households. (2) Promoting infill development and socioeconomic equity, the protection of environmental and agricultural resources, the encouragement of efficient development patterns, and the achievement of the region’s greenhouse gas reductions targets provided by the State Air Resources Board pursuant to Section 65080.
(3) Promoting an improved intraregional relationship between jobs and housing, including an improved balance between the number of low‐wage jobs and the number of housing units affordable to low‐wage workers in each jurisdiction.
(4) Allocating a lower proportion of housing need to an income category when a jurisdiction already has a disproportionately high share of households in that income category, as compared to the countywide distribution of households in that category from the most recent American Community Survey.
(5) Affirmatively furthering fair housing.
(e) For purposes of this section, “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.

On January 13, 2020, HCD completed its review of SCAG’s draft RHNA methodology and found that it furthers the five statutory objectives of RHNA.

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Packet Pg. 565 Attachment: 6th Cycle Final RHNA Methodology - March 2020 (6th Cycle - 2021-2029 - San Jacinto Housing Element) 20 Local Planning Factors
As part of the development of the proposed RHNA methodology, SCAG must conduct a survey of planning factors that identify local conditions and explain how each of the listed factors are incorporated into the RHNA methodology. This survey, also known as the “Local Planning Factor” survey, is a specific requirement for the RHNA methodology process and is separate from the local review process of the Growth Forecast used asthe basisfor determining future growth in the Connect SoCal plan.

The survey was distributed to all SCAG jurisdictionsin mid‐March 2019 with a posted due date of May 30, 2019. One‐hundred and nine (109) jurisdictions, or approximately 55%, submitted a response to the local planning factor survey. To facilitate the conversation about local planning factors, between October 2017 and October 2018 SCAG included these factors as part of the local input survey and surveyed a binary yes/no as to whether these factors impacted jurisdictions. The formal local planning factor survey was pre‐populated with the pre‐survey answers to help facilitate survey response. The full packet of local planning factor surveys can be downloaded at www.scag.ca.gov/rhna.

SCAG staff reviewed each of the submitted surveys to analyze planning factors opportunities and constraints across the region. The collected information was used to ensure that the methodology will equitably distribute housing need and that underlying challenges as a region are collectively addressed.
(1)Each member jurisdiction’s existing and projected jobs and housing relationship. This shall include an estimate, based on readily available data, of the number of low‐wage jobs within the jurisdiction and how many housing units within the jurisdiction are affordable to low‐ wage workers as well as an estimate, based on readily available data, of projected job growth and projected household growth by income level within each member jurisdiction during the planning period.

The RHNA methodology directly considers job accessibility and determines a portion of housing need for each jurisdiction based on this factor. Using transportation analysis zones as a basis, the percentage of jobs accessible within a 30 minute drive for a jurisdiction’s population is determined and then weighted based on the jurisdiction’s population size to determine individual shares of regional jobs accessible. Based on a review of other potential mechanisms to factor in jobs into the RHNA methodology, SCAG staff has determined that this mechanism most closely aligns with the goals of State housing law.

A supplemental analysis of the impact of the draft RHNA methodology’s impact on jobs‐ housing relationships and low‐wage jobs‐housing relationships was provided to the Regional Council on February 5, 2020.

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Packet Pg. 566 Attachment: 6th Cycle Final RHNA Methodology - March 2020 (6th Cycle - 2021-2029 - San Jacinto Housing Element) 21 (2)The opportunities and constraints to development of additional housing in each member jurisdiction, including all of the following:
(A) Lack of capacity for sewer or water service due to federal or state laws, regulations or regulatory actions, or supply and distribution decisions made by a sewer or water service provider other than the local jurisdiction that preclude the jurisdiction from providing necessary infrastructure for additional development during the planning period. (B) The availability of land suitable for urban development or for conversion to residential use, the availability of underutilized land, and opportunities for infill development and increased residential densities. The council of governments may not limit its consideration of suitable housing sites or land suitable for urban development to existing zoning ordinances and land use restrictions of a locality, but shall consider the potential for increased residential development under alternative zoning ordinances and land use restrictions. The determination of available land suitable for urban development may exclude lands where the Federal Emergency Management Agency (FEMA) or the Department of Water Resources has determined that the flood management infrastructure designed to protect that land is not adequate to avoid the risk of flooding. (C) Lands preserved or protected from urban development under existing federal or state programs, or both, designed to protect open space, farmland, environmental habitats, and natural resources on a long‐term basis, including land zoned or designated for agricultural protection or preservation that is subject to a local ballot measure that was approved by the voters of that jurisdiction that prohibits or restricts conversion to non‐ agricultural uses.
(D) County policies to preserve prime agricultural land, as defined pursuant to Section 56064, within an unincorporated and land within an unincorporated area zoned or designated for agricultural protection or preservation that is subject to a local ballot measure that was approved by the voters of that jurisdiction that prohibits or restricts its conversion to non‐agricultural uses.

Consideration of the above planning factors have been incorporated into the Growth Forecast process and results by way of analysis of aerial land use data, general plan, parcel level property data, open space, agricultural land and resource areas, and forecast surveys distributed to local jurisdictions. The bottom‐up Local Input and Envisioning Process, which is used as the basis for both RHNA and SCAG’s Connect SoCal (Regional Transportation Plan/Sustainable Communities Strategy) started with an extensive outreach effort involving all local jurisdictions regarding their land use and development constraints. All local jurisdictions were invited to provide SCAG their respective growth perspective and input.

The RHNA methodology directly incorporates local input on projected household growth, which should be a direct reflection of local planning factors such as lack of water or sewer capacity, FEMA‐designated flood sites, and open space and agricultural land protection.

Prior RHNA cycles did not promote direct linkage to transit proximity and the methodology encourages more efficient land use patterns by utilizing existing as well as future planned transportation infrastructure and preserves areas designated as open space and agricultural

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Packet Pg. 567 Attachment: 6th Cycle Final RHNA Methodology - March 2020 (6th Cycle - 2021-2029 - San Jacinto Housing Element) 22 lands. In particular the inclusion of transit proximity places an increased emphasis on infill opportunities and areas that are more likely to support higher residential densities. (3)The distribution of household growth assumed for purposes of a comparable period of regional transportation plans and opportunities to maximize the use of public transportation and existing transportation infrastructure.

As indicated above, the Growth Forecast used as the basis for the Connect SoCal Plan is also used as the basis for projected household growth in the RHNA methodology. The weighting of a jurisdiction’s population share within an HQTA directly maximizes the use of public transportation and existing transportation infrastructure. (4)Agreements between a county and cities in a county to direct growth toward incorporated areas of the county, and land within an unincorporated area zoned or designated for agricultural protection or preservation that is subject to a local ballot measure that was approved by the voters of the jurisdiction that prohibits or restricts conversion to nonagricultural uses.

This planning factor has been identified through the local input process and local planning factor survey collection as affecting growth within Ventura County. The urban growth boundary, known as Save Our Agricultural Resources (SOAR), is an agreement between the County of Ventura and its incorporated cities to direct growth toward incorporated areas, and was recently extended to 2050. Based on the input collected, SCAG staff has concluded that this factor is already reflected in the RHNA methodology since it was considered and incorporated into the local input submitted by jurisdictions. (5)The loss of units contained in assisted housing developments, as defined in paragraph (9) of subdivision (a) of Section 65583 that changed to non‐low‐income use through mortgage prepayment, subsidy contract expirations, or termination of use restrictions.

The conversion of low income units into non‐low income units is not explicitly addressed through the distribution of existing and projected housing need. Staff has provided statistics in the RHNA methodology appendix on the potential loss of units in assisted housing developments. The loss of such units affects the proportion of affordable housing needed within a community and the region as a whole.

Local planning factor survey responses indicate that the impact of this factor is not regionally uniform. Many jurisdictions that replied some units are at‐risk for losing their affordability status in the near future have indicated that they are currently reviewing and developing local resources to address the potential loss. Based on this, SCAG staff has determined that at‐risk units are best addressed through providing data on these units as part of the RHNA methodology and giving local jurisdictions the discretion to address this factor and adequately plan for any at‐risk unit loss in preparing their housing elements.

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Packet Pg. 568 Attachment: 6th Cycle Final RHNA Methodology - March 2020 (6th Cycle - 2021-2029 - San Jacinto Housing Element) 23 (6)The percentage of existing households at each of the income levels listed in subdivision (e) of Section 65584 that are paying more than 30 percent and more than 50 percent of their income in rent.

An evaluation of survey responses reveals that cost‐burdened households, or those who pay at least 30 percent of their household income on housing costs, is a prevalent problem throughout the region. The RHNA methodology also includes in its appendix data from the ACS 2013‐2017 on cost‐burdened statistics for households who pay more than 30 percent of their income on housing by owner and renter, and for renter households who pay 50 percent or more of their income on housing. The general trend is seen in both high and low income communities, suggesting that in most of the SCAG region high housing costs are a problem for all income levels.

Nonetheless a large number of jurisdictions indicated in the survey that overpaying for housing costs disproportionately impacts lower income households in comparison to higher income households. This issue is exacerbated in areas where there is not enough affordable housing available, particularly in higher income areas. For this reason, the RHNA methodology incorporates not only a 150 percent social equity adjustment, but also uses the TCAC Opportunity Indices to distribute the RHNA allocation into the four income categories in areas identified as being the highest resource areas of the region. The Opportunity Indices include a proximity to jobs indicator, particularly for low‐wage jobs, which identifies areas with a high geographical mismatch between low wage jobs and affordable housing. Increasing affordable housing supply in these areas can help alleviate cost‐burden experienced by local lower income households because more affordable options will be available.

The reason for using social equity adjustment and opportunity indices to address cost‐ burden households rather than assigning total need  is because it is impossible to determine through the methodology how and why the cost‐burden is occurring in a particular jurisdiction. Cost‐burden is a symptom of housing need and not its cause. A jurisdiction might permit a high number of units but still experiences cost‐burden because other jurisdictions restrict residential permitting. Or, a jurisdiction might have a large number of owner‐occupied housing units that command premium pricing, causing cost‐burden for high income households and especially on lower income households due to high rents from high land costs. An analysis of existing need indicators by jurisdiction, which is part of the RHNA methodology data appendix, does not reveal a single strong trend to base a distribution methodology for cost‐burden and thus the RHNA methodology distributes this existing need indicator regionally using social equity adjustment and Opportunity Indices rather than to where the indicators exist.
(7)The rate of overcrowding.

An evaluation of survey responses indicates that there is a variety of trends in overcrowding throughout the region. Overcrowding is defined as more than 1.01 persons per room (not bedroom) in a housing unit. Some jurisdictions have responded that overcrowding is a severe issue, particularly for lower income and/or renter households, while others have

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Packet Pg. 569 Attachment: 6th Cycle Final RHNA Methodology - March 2020 (6th Cycle - 2021-2029 - San Jacinto Housing Element) 24 responded that overcrowding is not an issue at all. At the regional determination level HCD applied an overcrowding component, which is a new requirement for the 6th RHNA cycle.

Because
Similar to cost‐burden, overcrowding is caused by an accumulated housing supply deficit and is considered an indicator of existing housing need.  The reason for not assigning need directly based on this indicator is because it is impossible to determine through the methodology how and why the overcrowding is occurring in a particular jurisdiction. A jurisdiction that has an overcrowding rate higher than the regional average might be issuing more residential permits than the regional average while the surrounding jurisdictions might not have overcrowding issues but issue fewer permits than the regional average. An analysis of existing need indicators by jurisdiction, which is part of the RHNA methodology data appendix, does not reveal a single strong trend to base a distribution methodology for overcrowding and thus the methodology distributes this existing need indicator regionally rather than to where the indicators exist.

While not specifically surveyed, several jurisdictions have indicated that density has affected their jurisdictions and have requested that the methodology should consider this as a factor.

While density is not directly addressed as a factor, the social equity adjustment indirectly addresses density particularly for lower income jurisdictions. In housing elements, jurisdictions most demonstrate that a site is affordable for lower income households by applying a “default density”, defined in State housing law as either 20 or 30 dwelling units per acre depending on geography and population. In other words, a site that is zoned at 30 dwelling units per acre is automatically considered as meeting the zoning need for a low income household.

However there is not a corresponding default density for above moderate income zoning.

Assigning a lower percentage of lower income households than existing conditions indirectly reduces future density since the jurisdiction can zone at lower densities if it so chooses.

While this result does not apply to higher income jurisdictions, directing growth toward less dense areas for the explicit purpose of reducing density is in direct contradiction to the objectives of state housing law, especially for promoting infill development and socioeconomic equity, the protection of environmental and agricultural resources, the encouragement of efficient development pattern.
(8)The housing needs of farmworkers.

The RHNA methodology appendix provides data on agricultural jobs by jurisdiction as well as workers by place of residence. The survey responses indicate that most jurisdictions do not have agricultural land or only have small agricultural operations that do not necessarily require designated farmworker housing. For the geographically concentrated areas that do have farmworker housing, responses indicate that many jurisdictions already permit or are working to allow farmworker housing by‐right in the same manner as other agricultural uses are allowed. Jurisdictions that are affected by the housing needs of farmworkers can be assumed to have considered this local factor when submitting feedback on SCAG’s Growth

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Packet Pg. 570 Attachment: 6th Cycle Final RHNA Methodology - March 2020 (6th Cycle - 2021-2029 - San Jacinto Housing Element) 25 Forecast. A number of jurisdictions reiterated their approach in the local planning factor survey response.

Similar to at‐risk units, the RHNA methodology does not include a distribution mechanism to distribute farmworker housing. However, SCAG has provided data in its RHNA methodology appendix related to this factor and encourages local jurisdictions to adequately plan for this need in their housing elements.
(9)The housing needs generated by the presence of a private university or a campus of the California State University or the University of California within any member jurisdiction.

SCAG staff has prepared a map outlining the location of four‐year private and public universities in the SCAG region along with enrollment numbers from the California School Campus Database (2018). Based on an evaluation of survey responses that indicated a presence of a university within their boundaries, SCAG staff concludes that most housing needs related to university enrollment are addressed and met by dormitories provided by the institution both on‐ and off‐campus. No jurisdiction expressed concern in the surveys about student housing needs due to the presence of a university within their jurisdiction.

However, some jurisdictions have indicated outside of the survey that off‐campus student housing is an important issue within their jurisdictions and are in dialogue with HCD to determine how this type of housing can be integrated into their local housing elements.

Because this circumstance applies to only a handful of jurisdictions, it is recommended that housing needs generated by a public or private university be addressed in the jurisdiction’s housing element if it is applicable.

(10)The loss of units during a state of emergency that was declared by the Governor pursuant to the California Emergency Services Act (Chapter 7 (commencing with Section 8550) of Division 1 of Title 2), during the planning period immediately preceding the relevant revision pursuant to Section 65588 that have yet to be rebuilt or replaced at the time of the analysis.

Replacement need, defined as units that have been demolished but not yet replaced, are included as a component of projected housing need in the RHNA methodology. To determine this number, HCD reviewed historical demolition permit data between 2008 and 2017 (reporting years 2009 and 2018) as reported by the California Department of Finance (DOF), and assigned SCAG a regional replacement need of 0.5% of projected and existing need, or 34,010 units.

There have been several states of emergency declared for fires in the SCAG region that have destroyed residential units, as indicated by several jurisdictions in their local planning factor survey responses. Survey responses indicate that a total of 1,785 units have been lost regionally from fires occurring after January 1, 2018. Units lost from fires that occurred prior to January 1, 2018, have already been counted in the replacement need for the 6th RHNA cycle.

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Packet Pg. 571 Attachment: 6th Cycle Final RHNA Methodology - March 2020 (6th Cycle - 2021-2029 - San Jacinto Housing Element) 26 In spring 2019, SCAG conducted a replacement need survey with jurisdictions to determine units that have been replaced on the site of demolished units reported. Region wide 23,545 of the region’s demolished units still needed to be replaced based on survey results. The sum of the number of units needing to be replaced based on the replacement need survey and the number of units reported as lost due to recent states of emergency, or 25,330, is lower than HCD’s regional determination of replacement need of 34,010. One can reasonably conclude that units lost based on this planning factor are already included in the regional total and distributed, and thus an extra mechanism to distribute RHNA based on this factor is not necessary to meet the loss of units. (11)The region’s greenhouse gas emissions targets provided by the State Air Resources Board pursuant to Section 65080.

An assessment of survey responses indicate that a number of jurisdictions in the SCAG region are developing efforts for more efficient land use patterns and zoning that would result in greenhouse gas emissions. These include a mix of high‐density housing types, neighborhood based mixed‐use zoning, climate action plans, and other local efforts to reduce greenhouse gas emissions at the regional level.

The RHNA methodology includes a distribution of 50 percent of regional existing need based on a jurisdiction’s share of regional population within an HQTA. The linkage between housing planning and transportation planning will allow for a better alignment between the RHNA allocation plan and the Connect SoCal RTP/SCS. It will promote more efficient development land use patterns, encourage transit use, and importantly reduce greenhouse gas emissions. This will in turn support local efforts already underway to support the reduction of regional greenhouse gas emissions.

Moreover the RHNA methodology includes the Growth Forecast reviewed with local input as a distribution component, particularly for projected housing need. Local input is a basis for SCAG’s Connect SoCal Plan, which addresses greenhouse gas emissions at the regional level since it is used to reach the State Air Resources Board regional targets. An analysis of the consistency between the RHNA and Connect SoCal Plan is included as an attachment to this document.
(12)Any other factors adopted by the council of governments that further the objectives listed in subdivision (d) of Section 65584, provided that the council of governments specifies which of the objectives each additional factor is necessary to further. The council of governments may include additional factors unrelated to furthering the objectives listed in subdivision (d) of Section 65584 so long as the additional factors do not undermine the objectives listed in subdivision (d) of Section 65584 and are applied equally across all household income levels as described in subdivision (f) of Section 65584 and the council of governments makes a finding that the factor is necessary to address significant health and safety conditions.

No other planning factors were adopted by SCAG to review as a specific local planning factor.

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Packet Pg. 572 Attachment: 6th Cycle Final RHNA Methodology - March 2020 (6th Cycle - 2021-2029 - San Jacinto Housing Element) 27 Affirmatively Furthering Fair Housing (AFFH)
Among a number of changes due to recent RHNA legislation isthe inclusion of affirmatively furthering fair housing (AFFH) as both an addition to the listed State housing objectives of Government Section 65588 and to the requirements of RHNA methodology as listed in Government Code Section 65584.04(b) and (c), which includes surveying jurisdictions on AFFH issues and strategies and developing a regional analysis of findings from the survey.

AFFH Survey
The AFFH survey accompanied the required local planning factor survey and was sent to all SCAG jurisdictions in mid‐March 2019 with a posted due date of May 30, 2019. Ninety (90) of SCAG’s 197 jurisdictions completed the AFFH survey, though some jurisdictions indicated that they would not be submitting the AFFH survey due to various reasons. The full packet of surveys submitted prior to the development of the proposed methodology packet can be downloaded at www.scag.ca.gov/rhna.

Jurisdictions were asked various questionsregarding fair housing issues,strategies and actions. These questions included:
 Describe demographic trends and patterns in your jurisdiction over the past ten years. Do any groups experience disproportionate housing needs?
 To what extent do the following factors impact your jurisdiction by contributing to segregated housing patterns or racially or ethnically‐concentrated areas of poverty?  To what extent do the following acts as determinants for fair housing and compliance issues in your jurisdiction?
 What are your public outreach strategies to reach disadvantaged communities?  What steps has your jurisdiction undertaken to overcome historical patterns of segregation or remove barriers to equal housing opportunity?
The survey questions were based on the U.S. Department of Housing and Urban Development (HUD) Analysis of Impedimentsto Fair Housing Choice survey that each jurisdiction, or their designated local Housing Authority, must submit to HUD to receive Community Development Block Grant (CDBG) funds. For the AFFH survey, jurisdictions were encouraged to review their HUD‐submitted surveys to obtain data and information that would be useful for submitting the AFFH survey.

Pursuant to Government Code Section 65584.04(c), the following is an analysis of the survey results.

Themes
Several demographic themes emerged throughout the SCAG region based on submitted AFFH surveys. A high number of jurisdictions indicated that their senior populations are increasing and many indicated that the fixed income typically associated with senior populations might have an effect on housing affordability. Other jurisdictions have experienced an increase in minority populations, especially among Latino and Asian groups. There is also a trend of the loss of young adults (typically younger than 30) and a decrease in the number of families with children in more suburban locations due to the rise in housing costs.

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Packet Pg. 573 Attachment: 6th Cycle Final RHNA Methodology - March 2020 (6th Cycle - 2021-2029 - San Jacinto Housing Element) 28 Barriers
There was a wide variety of barriers reported in the AFFH survey, though a number of jurisdictions indicated they did not have any reportable barriers to fair access to housing. Throughout the SCAG region, communities of all types reported that community opposition to all types of housing was an impediment to housing development. Sometimesthe opposition occurred in existing low income and minority areas. Some jurisdictions indicated that high opportunity resource areas currently do not have a lot of affordable housing or Section 8 voucher units while at the same time, these areas have a fundamental misunderstanding of who affordable housing serves and what affordable housing buildings actually look like. Based on these responses, it appears that community opposition to housing, especially affordable housing and the associated stigma with affordable housing, is a prevalent barrier throughout the SCAG region.

Other barriers to access to fair housing are caused by high land and development costs since they contribute to very few affordable housing projects being proposed in higher opportunity areas. The high cost of housing also limits access to fair housing and is a significant contributing factor to disparities in access to opportunity. Increasing property values were reported across the region and some jurisdictions indicated that they are occurring in existing affordable neighborhoods and can contribute to gentrification and displacement. Additionally, during the economic downturn a large number of Black and Latino homeowners were disproportionately impacted by predatory lending practices and therefore entered foreclosure in higher numbers than other populations.

Other barriers reported in the AFFH survey include the lack of funding available to develop housing after the dissolution of redevelopment agencies in 2012. Moreover, some jurisdictions indicated that the lack of regional cooperation contributes to segregation.

Strategies to Overcome Barriers
All submitted AFFH surveys indicated that their respective jurisdictions employed at least a few strategies to overcome barriers to access fair housing. These strategies ranged from local planning and zoning tools to funding assistance to innovative outreach strategies.

In regard to planning and zoning tools, a number of jurisdictions indicated they have adopted inclusionary zoning ordinances or an in‐lieu fee to increase the number of affordable units within their jurisdictions. Others have adopted an accessory dwelling unit (ADU) ordinance with accommodating standards to allow for higher densities in existing single‐family zone neighborhoods.

A few jurisdictions indicated that they have adopted an unpermitted dwelling unit (UDU) ordinance, which legalizes unpermitted units instead of removing them provided that the units meet health and safety codes. In addition to ADU and UDU ordinances, some jurisdictions have also adopted density bonuses, which allow a project to exceed existing density standards if it meets certain affordability requirements. Some responses in the survey indicate that the establishment of some of these tools and standards have reduced community opposition to projects. In addition, some jurisdictions responded that they have reduced review times for residential permit approvals and reduced or waived fees associated with affordable housing development.

To combat gentrification and displacement, some jurisdictions have established rent‐stabilization ordinances while others have established a rent registry so that the jurisdiction can monitor rents

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Packet Pg. 574 Attachment: 6th Cycle Final RHNA Methodology - March 2020 (6th Cycle - 2021-2029 - San Jacinto Housing Element) 29 and landlord practices. Some jurisdictions have adopted relocation plans and others are actively seeking to extend affordability covenants for those that are expiring.

In regard to funding, SCAG jurisdictions provide a wide variety of support to increase the supply of affordable housing and increase access to fair housing. A number of jurisdictions provide citywide rental assistance programs for low income households and some indicated that their programs include favorable home purchasing options. Some of these programs also encourage developers to utilize the local first‐time homebuyer assistance program to specifically qualify lower income applicants.

Other jurisdictions indicate that they manage housing improvement programs to ensure that their existing affordable housing stock is well maintained. Some AFFH surveys describe local multiple rental assistance programs, including Section 8 Housing Choice vouchers and financial support of tenant/landlord arbitration or mediation services.

Some jurisdictions indicated that they have focused on mobile homes as a way to increase access to fair housing. There are programs described that assist households that live in dilapidated and unsafe mobile homes in unpermitted mobile home parks by allowing the household to trade in their mobile home in exchange for a new one in a permitted mobile park. Other programsinclude rental assistance specifically for households who live in mobile homes.

In regard to community outreach, a large number of jurisdictionsin the SCAG region have established or are seeking to establish innovative partnerships to increase access to fair housing and reduce existing barriers. Many jurisdictions work with fair housing advocacy groups such as the Housing Rights Center, which provide community workshops, counseling, and tenant‐landlord mediation services. Other jurisdictions have established landlord‐tenant commissions to resolve housing disputes and provide servicesto individuals with limited resources. Some jurisdictions have partnered with advocacy groups, such as the League of United Latin American Citizens (LULAC), to hold community‐based workshops featuring simultaneous multi‐lingual translations. Other innovative partnerships created by jurisdictions include those with local schools and school districts and public health institutions to engage disadvantaged groups and provide services to areas with limited resources.

A large number of jurisdictions have also indicated that they have increased their social media presence to reach more communities. Others have also increased their multi‐lingual outreach efforts to ensure that limited‐English proficiency populations have the opportunity to engage in local fair housing efforts.

Based on the AFFH surveys submitted by jurisdictions, while there is a wide range of barriers to fair housing opportunities in the SCAG region there is also a wide range of strategies to help overcome these barriers at the local level.

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Packet Pg. 575 Attachment: 6th Cycle Final RHNA Methodology - March 2020 (6th Cycle - 2021-2029 - San Jacinto Housing Element) 30 Meeting AFFH Objectives on a Regional Basis
To work towards the objective of AFFH, several benchmarks were reviewed as potential indicators of increasing access to fair housing and removing barriers that led to historical segregation patterns.

Opportunity Indices
The objectives of affirmatively furthering fair housing are to not only overcome patterns of segregation, but to also increase access to opportunity for historically marginalized groups, particularly in racially and ethnically concentrated areas of poverty. In 2015 the U.S. Department of Housing and Urban Development (HUD) developed a set of indices, known as “Opportunity Indices” to help states and jurisdictions identify factors that contribute to fair housing issues in their region and comply with the federal Fair Housing Act.

In 2015 the U.S. Department of Housing and Urban Development (HUD) developed a set of indices, known as “Opportunity Indices” to help states and jurisdictions identify factors that contribute to fair housing issues in their region and comply with the federal Fair Housing Act. In late 2017, a Task Force convened by HCD and the California Tax Credit Allocation Committee (TCAC) released an “Opportunity mapping” tool based on these HUD indices to identify areas in California that can “offer low‐income children and adults the best chance at economic advancement, high educational attainment, and good physical and mental health.”
The TCAC and HCD Opportunity mapping tool includes a total of eleven (11) census‐tract level indices to measure exposure to opportunity in local communities. Regional patterns of segregation can be identified based on this tool. The indices are based on indicators such as poverty levels, low wage job proximity, pollution, math and reading proficiency. Below is a summary table of the 11 indices sorted by type:

Economic Environment Education
Poverty CalEnviroScreen 3.0 indicators
 Ozone
 PM2.5
 Diesel PM
 Drinking water
contaminates
 Pesticides
 Toxic releases from
facilities
 Traffic density
 Cleanup sites
 Groundwater threats
 Hazardous waste
 Impaired water bodies
 Solid waste sites
Math proficiency
Adult education Reading proficiency
Employment High school graduation rates
Low‐wage job proximity   Student poverty rate
Median home value
To further the objectives of AFFH, SCAG utilizes the Opportunity indices tool at multiple points in the RHNA methodology. Jurisdictions that have the highest concentration of population in low resource areas are exempted from receiving regional residual existing need, which will result in fewer units

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Packet Pg. 576 Attachment: 6th Cycle Final RHNA Methodology - March 2020 (6th Cycle - 2021-2029 - San Jacinto Housing Element) 31 assigned to areas identified as having high rates of poverty and racial segregation. Additionally, jurisdictions with the highest concentration of population within highest resource areas will receive a higher social equity adjustment, which will result in more access to opportunity for lower income households.

Public Engagement
The development of a comprehensive RHNA methodology requires comprehensive public engagement. Government Code Section 65584.04(d) requires at least one public hearing to receive oral and written comments on the proposed methodology, and also requires SCAG to distribute the proposed methodology to all jurisdictions and requesting stakeholders, along with publishing the proposed methodology on the SCAG website. The official public comment period on the proposed RHNA methodology began on August 1, 2019 after Regional Council action and concluded on September 13, 2019.

To maximize public engagement opportunities, SCAG staff hosted four public workshops to receive verbal and written comment on the proposed RHNA methodology and an additional public information session in August 2019:
 August 15, 6‐8 p.m. Public Workshop, Los Angeles (View‐only webcasting available)  August 20, 1‐3 p.m. Public Workshop, Los Angeles (Videoconference at SCAG regional offices and View‐only webcasting available)
 August 22, 1‐3 p.m., Public Workshop, Irvine
 August 27, 6‐8 p.m., Public Workshop, San Bernardino (View‐only webcasting available)  August 29, 1‐3pm Public Information Session, Santa Clarita Approximately 250 people attended the workshops in‐person, at videoconference locations, or via webcast. Over 35 individual verbal comments were shared over the four workshops.

To increase participation from individuals and stakeholders that are unable to participate during regular working hours, two of the public workshops were be held in the evening hours. One of the workshops was held in the Inland Empire. SCAG will worked with its Environmental Justice Working Group (EJWG) and local stakeholder groups to reach out to their respective contacts in order to maximize outreach to groups representing low income, minority, and other traditionally disadvantaged populations.

Almost 250 written comments were submitted by the comment deadline and included a wide range of stakeholders. Approximately 50 percent were from local jurisdictions and subregions, and the other 50 percent were submitted by advocacy organizations, industry groups, residents and resident groups, and the general public. All of the commentsreceived, both verbal and written, were reviewed by SCAG staff, and were used as the basis for developing the RHNA methodology.

The increased involvement by the number of jurisdictions and stakeholders beyond the municipal level compared to prior RHNA cycles indicate an increased level of interest by the public in the housing crisis and its solutions, and the efforts of SCAG to meet these interests. As part of its housing

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Packet Pg. 577 Attachment: 6th Cycle Final RHNA Methodology - March 2020 (6th Cycle - 2021-2029 - San Jacinto Housing Element) 32 program initiatives, SCAG will continue to reach out to not only jurisdictions, but to advocacy groups and traditionally disadvantaged communities that have not historically participated in the RHNA process and regional housing planning. These efforts will be expanded beyond the RHNA program and will be encompassed into addressing the housing crisis at the regional level and ensuring that those at the local and community level can be part of solutions to the housing crisis.

Additional RHNA Methodology Supporting Materials
Please note that additional supporting materials for the RHNA Methodology have been posted on SCAG’s RHNA website at www.scag.ca.gov/rhna including Data Appendix, Local Planning Factor Survey Responses and Affirmatively Furthering Fair Housing Survey Responses.

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Packet Pg. 578 Attachment: 6th Cycle Final RHNA Methodology - March 2020 (6th Cycle - 2021-2029 - San Jacinto Housing Element) 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 Ave
Sacramento, CA 95833-1829
(916) 263-2911 FAX: (916) 263-7453
www.hcd.ca.gov
March 22, 2021
Kome Ajise, Executive Director
Southern California Association of Governments
900 Wilshire Boulevard, Suite 1700
Los Angeles, CA 90017
Dear Executive Director Ajise:

RE: Review of Adopted 2021-2029 Regional Housing Need Allocation (RHNA) Plan Thank you for submitting the adopted Southern California Association of Government’s (SCAG) Sixth Cycle Regional Housing Need Allocation (RHNA) Plan. Pursuant to Government Code Section 65584.05(h), the California Department of Housing and Community Development (HCD) is required to review RHNA plans for consistency with statutory requirements.

HCD completed its review and is pleased to approve SCAG’s adopted RHNA Plan, upon finding it consistent with HCD’s October 15, 2019 regional housing need determination of 1,341,827 housing units. Please distribute the RHNA Plan to inform all local governments of their share of new housing need to address their sixth cycle Housing Element by October 15, 2021. In updating their Housing Elements, local governments may take RHNA credit for new units approved, permitted, and/or built beginning from the start date of the RHNA projection period, June 30, 2021.

HCD is committed to assisting SCAG’s local governments prepare and implement updated Housing Elements to effectively address the region’s housing need. Local governments are encouraged to develop local land-use strategies to maximize land resources and encourage affordable housing and a variety of housing types, thus furthering the state’s economic, fair housing, and environmental objectives.

We appreciate SCAG’s efforts in completing the RHNA process. If HCD can provide any additional assistance, or if you, or your staff, have any questions, please email me at [email protected]; or contact Tom Brinkhuis, Housing Policy Specialist, by email at [email protected].

Sincerely,
Megan Kirkeby
Deputy Director

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Packet Pg. 579 Attachment: 6th Cycle HCD Approval Letter - March 2021 (6th Cycle - 2021-2029 - San Jacinto Housing Element) 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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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

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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

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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.

Parcels that are large may require very large projects, which may lead to an over concentration of affordable housing in one location, or may add cost to a project by

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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

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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

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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

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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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Packet Pg. 617 Attachment: HCD Housing Element Site Inventory Guidebook (6th Cycle - 2021-2029 - San Jacinto Housing Element) Site Inventory Guidebook Page 39 May 2020
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

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Packet Pg. 621 Attachment: HCD Housing Element Site Inventory Guidebook (6th Cycle - 2021-2029 - San Jacinto Housing Element) Site Inventory Guidebook Page 43 May 2020
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

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Packet Pg. 622 Attachment: HCD Housing Element Site Inventory Guidebook (6th Cycle - 2021-2029 - San Jacinto Housing Element) Site Inventory Guidebook Page 44 May 2020
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.)

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Packet Pg. 623 Attachment: HCD Housing Element Site Inventory Guidebook (6th Cycle - 2021-2029 - San Jacinto Housing Element) 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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Packet Pg. 624 Attachment: Affirmatively Furthering Fair Housing Guidebook (6th Cycle - 2021-2029 - San Jacinto Housing Element) 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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Packet Pg. 625 Attachment: Affirmatively Furthering Fair Housing Guidebook (6th Cycle - 2021-2029 - San Jacinto Housing Element) 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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Packet Pg. 626 Attachment: Affirmatively Furthering Fair Housing Guidebook (6th Cycle - 2021-2029 - San Jacinto Housing Element) 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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Packet Pg. 627 Attachment: Affirmatively Furthering Fair Housing Guidebook (6th Cycle - 2021-2029 - San Jacinto Housing Element) 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

4.1.h
Packet Pg. 628 Attachment: Affirmatively Furthering Fair Housing Guidebook (6th Cycle - 2021-2029 - San Jacinto Housing Element) 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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Packet Pg. 629 Attachment: Affirmatively Furthering Fair Housing Guidebook (6th Cycle - 2021-2029 - San Jacinto Housing Element) 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.

California Department of Housing and Community Development 5 Affirmatively Furthering Fair Housing

4.1.h
Packet Pg. 630 Attachment: Affirmatively Furthering Fair Housing Guidebook (6th Cycle - 2021-2029 - San Jacinto Housing Element) 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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Packet Pg. 631 Attachment: Affirmatively Furthering Fair Housing Guidebook (6th Cycle - 2021-2029 - San Jacinto Housing Element) 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.

California Department of Housing and Community Development 7 Affirmatively Furthering Fair Housing

4.1.h
Packet Pg. 632 Attachment: Affirmatively Furthering Fair Housing Guidebook (6th Cycle - 2021-2029 - San Jacinto Housing Element) Chart 1: Summary of AB 686 Requirements
8 California Department of Housing and Community Development Affirmatively Furthering Fair Housing

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Packet Pg. 633 Attachment: Affirmatively Furthering Fair Housing Guidebook (6th Cycle - 2021-2029 - San Jacinto Housing Element) California Department of Housing and Community Development 9 Affirmatively Furthering Fair Housing
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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Packet Pg. 634 Attachment: Affirmatively Furthering Fair Housing Guidebook (6th Cycle - 2021-2029 - San Jacinto Housing Element) 10 California Department of Housing and Community Development Affirmatively Furthering Fair Housing
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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Packet Pg. 635 Attachment: Affirmatively Furthering Fair Housing Guidebook (6th Cycle - 2021-2029 - San Jacinto Housing Element) California Department of Housing and Community Development 11 Affirmatively Furthering Fair Housing
(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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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.”

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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

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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

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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.

3. Identify the existing percentage of LMI households in each block group where there is a residential capacity targeted to accommodate the RHNA for LMI households.

4. A. Calculate the total percentage of housing units counted towards satisfaction of the RHNA for lower income households where the existing block group percentage of LMI households exceeds the overall average for the jurisdiction.

B. Calculate the total percentage of housing units counted towards satisfaction of the RHNA for LMI households where the existing block group percentage of LMI households exceeds the secondary standard for concentration of LMI households that is significantly higher than the overall jurisdiction average.

5. If the percentage of housing units from #4 A. is significantly higher than the percentage from #2 A., and/or if the percentage of housing units from #4 B. is significantly higher than the percentage from #2 B., then this is an indicator that the site inventory for development of housing for lower income households is overly concentrated in areas that the housing sites would tend to encourage over-concentration of lower income households and sites targeted for lower income housing development should be better located among tracts or block groups where the percentage of lower income households is below the exiting citywide average.

6. Analyze local and regional data and knowledge, policies, practices and investments, demographic trends and other factors.

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Racially and Ethnically Concentrated Areas of Poverty and Affluence The analysis must evaluate both the location of identified sites and the location of capacity (number of units) by income group relative to racially and ethnically concentrated areas of poverty and affluence. The analysis should address whether sites are located in or near areas of concentrated poverty and race and affluence, and whether the identified sites significantly concentrate capacity (number of units) to accommodate lower income households in or near racially and ethnically concentrated areas of poverty. The analysis should also evaluate the relationship between the location where the capacity for the lower-income housing need is accommodated in comparison to the housing need for above moderate income households. For example, whether sites to accommodate above moderate income households are significantly concentrated in areas of affluence. This analysis of R/ECAPs and RCAAs should include looking at neighborhoods of the jurisdiction where there are no identified sites in the site inventory and evaluating if the absence of sites in those neighborhoods perpetuates patterns of R/ECAPs or RCAAs.

Disparities in Access to Opportunity
The analysis must address the location of identified sites and the location of capacity (number of units) by income group relative to overall access to opportunity and various categories of access to opportunity (e.g., education, transportation, employment, environment). The analysis should not only address an overall score value of access to opportunity, but must also individually address access to education, transportation, economic prosperity, areas with low rates of violent crime, parks and recreation areas, environmentally healthy neighborhoods and other important opportunities. This is an important place to include local data, such as school performance and enrollment boundaries, local bicycle and pedestrian data, and access to critical local and cultural institutions if available, although the analysis should extend beyond the jurisdiction’s boundaries when considering access to opportunity. This analysis should be quantitative where possible and qualitative at least to guide appropriate goals and actions resulting from the analysis. Even where information about these indicators of opportunity is more qualitative or anecdotal than quantitative, it is a valuable and necessary component of developing appropriate actions.

Local jurisdictions using the TCAC/HCD Opportunity Maps should note that rural areas are scored relative to other rural areas in the same county, meaning they are not scored on the same scale as non-rural areas. This is important to note in jurisdictions that include a mix of rural and non-rural areas. While the TCAC/HCD Opportunity Maps provide data at a block group level in rural areas, data tools for rural areas and lower population areas sometimes do not fully capture the nuance of the socio-economic patterns, which highlights the importance of using local data and knowledge as a complement.

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Disproportionate Housing Needs, including Displacement Risk The identification of sites should be informed by the findings of the disproportionate housing needs section of the assessment of fair housing. To analyze sites relative to disproportionate housing needs, including displacement risk, a locality must identify and evaluate sites according to cost burdens, overcrowding and substandard housing. This analysis must also address displacement risks as well as any other disproportionate housing needs addressed in the assessment of fair housing based on local data and knowledge. Factors of disproportionate housing need (e.g., overpayment, overcrowding, displacement, etc.) may be considered together to the extent there is a significant coincidence. The analysis must also address ways in which development of the identified sites will impact displacement risk. Where development of the identified sites is likely to increase displacement risk, then the element must include programs to mitigate the risks and impacts of displacement.

Identification and Prioritization of Contributing
Factors
The housing element must include an identification and prioritization of significant contributing factors to segregation, racially or ethnically concentrated areas of poverty, disparities in access to opportunity, and disproportionate housing needs. Fair housing contributing factor (or contributing factor) means a factor that creates, contributes to, perpetuates, or increases the severity of one or more fair housing issues. See “Part 3: Resources” for examples of contributing factors by fair housing issue area. Contributing factors should be based on all the prior efforts and analyses: outreach, assessment of fair housing, and site inventory. Contributing factors must also be prioritized in terms of needed impact on fair housing choice and strongly connect to goals and actions.

The identification and evaluation of contributing factors must:
● Identify fair housing issues and significant contributing factors; ● Prioritize contributing factors, including any local information and knowledge, giving highest priority to those factors that most limit or deny fair housing choice or access to opportunity or negatively impact fair housing or civil rights compliance; and ● Discuss strategic approaches to inform and strongly connect to goals and actions.

For more information, see “Part 3: Resources” (Sample Contributing Factors and Action Matrix)

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Chart 2: Contributing Factors Relationship Between Assessment of Fair Housing and Goals and Actions

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The Importance of Prioritization
In any given community, there will be several contributing factors. However, listing contributing factors without analysis will not result in meaningful actions. For example, a list of 50 contributing factors that are not analyzed will likely result in less guided and impactful goals and actions.

Instead, the housing element must prioritize contributing factors and should consider a manageable list (e.g., 4-6) to strongly connect to goals and actions, focus resources and maximize impact in the planning period. Further, the element should consider regular evaluation of the effectiveness of goals and actions and adjust and re-prioritize contributing factors and goals and actions as necessary.

Contributing factors are not limited to public actions. Private actions can also contribute to patterns of segregation, racially or ethnically concentrated areas of poverty, disparities in access to opportunity, and disproportionate housing needs. While public agencies do not directly control private actions or contributing factors beyond a locality’s boundaries, the actions of public agencies can influence private action and have impacts beyond local boundaries. As a result, regardless of whether contributing factors are public or private or local, region, state or federal, the housing element must recognize a broader social and legal obligation to affirmatively further fair housing and still identify and prioritize those contributing factors to commit to commensurate goals and actions.

Using Other Consolidated Plan Documents
Localities may utilize an assessment of fair housing or analysis of impediments created pursuant to past federal requirements to identify and prioritize contributing factors to fair housing issues. Also, the statewide analysis of impediments and, if available, a regional analysis of impediments may be useful. While these documents may be a sufficient starting point, in all cases, contributing factors must be tailored to local conditions or must be re-evaluated and prioritized based on the assessment of fair housing in the housing element. Note that information in an AFH or AI may also be outdated or incomplete depending on how recently that information was prepared and may need to be updated.

Goals, Policies, and Actions
The housing element must include goals, policies and most specifically, a schedule of actions during the planning period. Actions must be specific with timelines, discrete steps and measurable outcomes to have a “beneficial impact” during the planning period. The schedule of actions must reflect the results of analyses and is intended to be adequate to address the housing needs of all economic segments of the community. The schedule of actions must address the following statutory areas:
● Identify adequate sites, with appropriate zoning and development standards and services to accommodate the locality’s share of the regional housing needs for each income level; ● Assist in the development of adequate housing to meet the needs of extremely low-, very low-, low-, and moderate-income households;

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● Address and, where possible, remove governmental and non-governmental constraints to the maintenance, improvement, and development of housing, including housing for people at all income levels, as well as housing for people with disabilities and providing reasonable accommodation; ● Conserve and improve the condition of the existing affordable housing stock; ● Preserve assisted housing developments at risk of conversion to market rate; ● Promote housing opportunities 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; and
● Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at an affordable rent.

What is “Beneficial Impact”
Programs in the element must have specific commitment to deliverables, measurable metrics or objectives, definitive deadlines, dates, or benchmarks for implementation. Deliverables should occur early in the planning period to ensure actual housing outcomes. For example, programs to “explore” or “consider” on an “ongoing” basis are inadequate to demonstrate a beneficial impact in the planning period. Conversely, a program with clear and specific commitment and numerical objectives such as “rezone 50 acres to high density by June 2022” is adequate to demonstrate a beneficial impact. This specific and clear commitment combined with numerical objectives and timelines is called “beneficial impact.” Similarly, programs to affirmatively furthering fair housing must have specific and clear commitment, milestones, and metrics or numerical and anticipated outcomes.

Goals and Policies
Goals and policies typically are utilized to determine a direction in the implementation of a schedule of actions. Through this direction, actions can be interpreted, prioritized, adjusted and carried out to best achieve the necessary outcomes to address the identified needs without re-evaluating over-arching principles or re-starting legislative or complex policy-making processes. To affirmatively further fair housing, goals and policies must have a specific connection to outreach, the assessment of fair housing, the analysis of the site inventory and most importantly, the prioritization of contributing factors to fair housing issues. Goals, policies and actions must be aggressively set to overcome those contributing factors to meet the “meaningful impact” requirement in statute and to avoid actions that are materially inconsistent with the obligation to affirmatively further fair housing. Goals and policies must be created with the intention to have a significant impact, well beyond a continuation of past actions, and to provide direction and guidance for meaningful action.

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What If Goals Are Outside of Local Control?
Goals should be set regardless of whether a locality directly controls all the factors involved in achieving that goal. A locality’s ability to influence may be a consideration in development of actions but should not limit setting goals. Instead, recognizing the ability or inability to influence a goal should be a starting point for forming appropriate policies and actions. For example, a locality might have limited financial and staff resources. Instead of setting goals and actions at an inadequate level due to limited resources, localities should recognize this constraint and form policies and actions accordingly, such as building partnerships with non-profits to explore all private and public funding available, creating coalitions, working with legislators, exploring all private and public funding available, collaborating with nearby localities and seeking technical assistance.

Goals and policies to affirmatively further fair housing do not need to be independent or isolated on a contributing factor. Instead, goals and policies can be integrated with other goals and policies required by the housing element. For example, a housing element could have a program to “Improve housing supply.” On the other hand, an integrated program could “Improve and integrate housing supply, choices and affordability throughout the community.” Goals and policies intended to affirmatively further fair housing should be described as such. By integrating goals and policies, a locality can leverage efforts for a broader and more significant impact while better reflecting more inclusive values.

Actions
Actions implement goals and consist of concrete steps, timelines and measurable outcomes. Actions should be considered a part of the schedule of actions or programs required by Housing Element Law and must affirmatively further fair housing pursuant to Government Code section 8899.50. Specifically, Government Code section 8899.50 requires “meaningful actions” well beyond combating discrimination to overcome patterns of segregation and foster inclusive communities. These actions, as a whole, must:
● Address significant disparities in housing needs and in access to opportunity; ● Replace segregated living patterns with truly integrated and balanced living patterns; ● Transform racially and ethnically concentrated areas of poverty into areas of opportunity; and ● Foster and maintain compliance with civil rights and fair housing laws.

Further, local agencies shall not take any action materially inconsistent with the obligation to affirmatively further fair housing. This requirement should apply to all actions in the housing element and the rest of the general plan as well as any actions, policies or practices outside of the general plan.

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Action Areas
Actions to affirmatively further fair housing may include, but are not limited to:
● Enhancing housing mobility strategies;
● Encouraging development of new affordable housing in high resource areas; ● Improving place-based strategies to encourage community conservation and revitalization, including preservation of existing affordable housing; and ● Protecting existing residents from displacement.

While the goals, policies and actions may select from the above areas (e.g., mobility, housing in high resource areas, place-based, protection from displacement), actions must be formulated in a manner to address the full scope of outreach, assessment of fair housing, analysis of site inventory and overcome contributing factors to fair housing. As a result, a schedule of actions generally must address all four categories.

For examples of affirmatively furthering fair housing actions by each of the action areas, see “Part 3:

Resources.”
Using a Variety of Actions
To address the full scope of outreach, complete the assessment of fair housing, and overcome contributing factors to fair housing and affirmatively further fair housing, actions must consider a wide range of actions across all action areas (e.g., mobility, housing in high resource areas, place-based and protection from displacement). The number and scale of actions will depend on the severity of the needs but regardless of need, a cohesive and effective program will consider multiple action areas. For example, a place-based approach might improve infrastructure or invest in active transportation, but those efforts would be ineffective in addressing needs without complementary anti-displacement measures.

Further, a balanced and effective approach will consider different types of actions utilizing: (1) human resources: outreach, education, marketing, collaboration, (2) land use resources: planning documents such as general plans, zoning, specific plans, ordinances and procedures, and (3) financial resources.

A balanced and effective approach will consider and combine each of these areas. For example, an approach could include marketing and collaboration as part of increasing mobility, zoning to increase housing choices in high resource areas, and investing financial resources in place-based and displacement action areas. An effective approach will also seek to combine these types within an action area.

For example, a locality might take a zoning and financial resources approach to displacement risks or creating new housing choices in high resource areas. By combining these action areas, a program will be more balanced and more effective in achieving the goals to affirmatively further fair housing.

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Milestones, Objectives, Monitoring and Making Adjustments Specific actions with timelines and measurable or numerical objectives are essential to an effective approach. Successful outcomes will not be achievable and discernable without specificity. For example, a program to “explore feasibility on an ongoing basis” does little to achieve tangible results but a commitment to “rezone 50 acres to the high density district by October 2021” has a far more likelihood of producing results. In addition, measurable or numerical objectives clarify goals and serve as a reference point for monitoring the effectiveness of programs. As part of the annual progress report (Gov. Code, § 65400), localities, through a community process, should evaluate actions for progress toward goals and objectives and effectiveness to make regular adjustments as necessary.

Integrating Affirmatively Furthering Fair Housing into Existing Housing Element Programs
Housing elements must include actions to address statutory areas, such as identifying adequate sites to accommodate the regional housing need, assisting in the development of housing for lower income households and households with special needs, and conserving and improving the existing housing stock. 80 These statutory program areas can be modified to complement the statutorily required affirmatively furthering fair housing programs. 81 Examples include:
● Adequate Sites: In some cases, housing elements will include programs to rezone to address a shortfall of sites to accommodate the regional housing need. These types of programs should be carried out where possible to promote more inclusive communities. In addition, in some cases, a locality might find circumstances warranting rezoning above and beyond the regional housing need to promote more housing choices and affordability. Examples include long held patterns of isolation in higher income areas, or other factors, or when identifying sites to accommodate the housing need for lower income households exacerbates segregation. ● Assist in Development of Housing for Lower Income Households and Households with Special Needs: Housing elements will include programs to encourage affordable development, such as utilizing, seeking or supporting funding, building partnerships with non-profit developers and incentives for affordability. These programs can be targeted to high resource areas or other similar areas to promote inclusive communities.
● Addressing Governmental and Non-governmental Constraints: Land use and zoning can be a key barrier to inclusive communities. Zoning, permit processing, fees and other land use reforms can be targeted geographically to promote more inclusive communities. Non-governmental constraints can include factors such as local opposition to affordable housing. Education and other programs can be geographically targeted to build campaigns for more integrated land use patterns.
80 Gov. Code, §§ 65583, subd. (a)(3) , 65583.2; see also HCD, Building Blocks at https://www.hcd.ca.gov/community-development/buildingblocks/index.shtml. 81 Gov. Code, §§ 8899.50, 65583, subd. (c).

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● Conserve and Improve the Existing Affordable Housing Stock: Elements must have actions to conserve and improve the existing affordable housing stock. Typical actions include programs for rehabilitation (renter, owner), acquisition and rehabilitation, infrastructure investment, conservation of mobilehome parks, housing choice vouchers, and administrative actions like zoning or displacement policies. These types of programs can be geographically targeted as place-based strategies to revitalize and improve communities or as new opportunities in high opportunity areas.
● Incentivize Accessory Dwelling Units (ADUs): Programs to incentivize ADUs can be targeted as new opportunities in high resource areas or as place-based revitalization strategies.

Integrating Goals, Policies and Actions across Multiple Planning Objectives
Various policy topics can be integrated where more than one objective is considered at a time to promote more balanced approaches and multiple benefits. The intent is to align objectives and set clearer direction to avoid future conflict. Various policy topics can be considered within the housing element and also across the general plan. For example, a goal or policy could be set to both identify adequate sites to accommodate the regional housing need and affirmatively furthering fair housing.

Also, a housing issue could be considered at the same time as a circulation or safety issue. Through more integrated approaches, the general plan becomes a more cohesive, internally consistent and implementable plan. For examples of integrated concepts in the general plan, please review resources developed by the Governor’s Office of Planning and Research. In addition, See “Part 3: Resources” for a matrix of policy topics and integrated planning approaches.

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Part 3:

Resources
Statute (strikeout/underline)
Division 1 of Title 2 of the Government Code, Chapter 15 Government Code Section 8899.50 (Additions and Deletions in Strikeout/Underline) Section 8899.50. (a) For purposes of this section, the following terms have the following meanings:
(1) “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. (2) “Public agency” means all of the following:
(A) The state, including every state office, officer, department, division, bureau, board, and commission, including the California State University. (B) A city, including a charter city, county, including a charter county, city and county, and a redevelopment successor agency. (C) A public housing authority created pursuant to the Housing Authorities Law (Chapter 1 (commencing with Section 34200) of Part 2 of Division 24 of the Health and Safety Code). (D) A public housing agency, as defined in the United States Housing Act of 1937 (codified at 42 U.S.C. Sec. 1437 et seq.), as amended.
(E) 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 under the Community Development Block Grant program, the Emergency Solutions Grants program, the HOME Investment Partnerships program, or the Housing Opportunities for Persons With AIDS program. (b) A public agency shall administer its programs and activities relating to housing and community development in a manner to affirmatively further fair housing, and take no action that is materially inconsistent with its obligation to affirmatively further fair housing.

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(c) This section shall be interpreted consistent with the Affirmatively Furthering Fair Housing Final Rule and accompanying commentary published by the United States Department of Housing and Urban Development contained in Volume 80 of the Federal Register, Number 136, pages 42272 to 42371, inclusive, dated July 16, 2015. Subsequent amendment, suspension, or revocation of this Final Rule or its accompanying commentary by the federal government shall not impact the interpretation of this section.
(d) In selecting meaningful actions to fulfill the obligation to affirmatively further fair housing, this section does not require a public agency to take, or prohibit a public agency from taking, any one particular action.

Division 1 of Title 7 of the Government Code, Chapter 3 Government Code Section 65583 (Additions and Deletions in Strikeout/Underline) 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, factory-built housing, mobilehomes, and emergency shelters, and shall make adequate provision for the existing and projected needs of all economic segments of the community. 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) through (9) Omitted – No substantive changes.
(b) (1) through (2) Omitted – No substantive changes.
(c) A program which that sets forth a schedule of actions during the planning period, each with a timeline for implementation, which that may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element 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

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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. (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 housing opportunities 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. disability, and

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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) 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.
(8) 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.
(9) (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 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

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Section 91.225 of Title 24 of the Code of Federal Regulations in effect prior to 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) through (f) omitted – No substantive changes.

Division 1 of Title 7 of the Government Code, Chapter 3 Government Code Section 65583.2 (Additions and Deletions in Strikeout/Underline) 65583.2. (a) A city’s or county’s inventory of land suitable for residential development pursuant to paragraph (3) of subdivision (a) of Section 65583 shall be used to identify sites throughout the community, consistent with paragraph (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 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 the airspace above 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) Through (l) omitted – No substantive changes.

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Packet Pg. 686 Attachment: Affirmatively Furthering Fair Housing Guidebook (6th Cycle - 2021-2029 - San Jacinto Housing Element) 62 California Department of Housing and Community Development Affirmatively Furthering Fair Housing
AB 686 Housing Element Compliance Checklist
Part 1 Outreach:

Does the element describe and incorporate meaningful engagement that represents all segments of the community into the development of the housing element, including goals and actions (e.g., language access, accessibility for persons with disabilities, resident engagement, including low income residents and residents in subsidized housing programs, description of comments and whether incorporated, and outreach to fair housing agencies, legal services and public housing agencies)?
Part 2 Assessment of Fair Housing:

Does the element include a summary of fair housing enforcement and capacity in the jurisdiction? Does the element include an analysis of these five areas: Fair housing and enforcement capacity? 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? Each of these four areas must have its own analysis.

Each analysis on the four fair
housing issue areas should include
the following:

Fair Housing
Enforcement
and Capacity
Segregation and
Integration R/ECAP Access to
opportunity
Disp. Housing
needs
+displacement
risk
Patterns and trends – local and
regional
Local data and knowledge
Other relevant factors
Conclusions and summary of issues

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Part 3 Site Inventory:

Did the element identify and evaluate (e.g., maps) 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? Did the element analyze identified sites related to improving or exacerbating conditions for each of the fair housing areas (integration and segregation, racially and ethnically concentrated areas of poverty, areas of opportunity, disproportionate housing needs, including displacement)? Part 4 Identification of Contributing Factors
Did the element identify, evaluate and prioritize the contributing factors to fair housing issues? Did the element prioritize those factors that limit or deny fair housing choice or access to opportunity, or negatively impact fair housing or civil rights compliance? Part 5 Goals and Actions
Did the element identify goals and actions based on the identified and prioritized contributing factors?
Do goals and actions address mobility enhancement, new housing choices and affordability in high opportunity areas, place-based strategies for preservation and revitalization, displacement protection, and other program areas?
Are actions significant, meaningful and sufficient to overcome identified patterns of segregation and affirmatively further fair housing?
Did the element include metrics and milestones for evaluating progress on programs/actions and fair housing results, including concrete timelines?

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Packet Pg. 688 Attachment: Affirmatively Furthering Fair Housing Guidebook (6th Cycle - 2021-2029 - San Jacinto Housing Element) 64 California Department of Housing and Community Development Affirmatively Furthering Fair Housing
Definitions
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.82
Assessment of Fair Housing (AFH)
An analysis undertaken pursuant to 24 CFR § 5.154 that includes an analysis of fair housing data, an assessment of fair housing issues and contributing factors, and an identification of fair housing priorities and goals, and is conducted and submitted to HUD using the Assessment Tool. The AFH may be conducted and submitted by an individual program participant (individual AFH), or may be a single AFH conducted and submitted by two or more program participants (joint AFH), or two or more program participants, where at least two of which are consolidated plan program participants (regional AFH).83
Community Participation
As required in 24 CFR § 5.158, means a solicitation of views and recommendations from members of the community and other interested parties, a consideration of the views and recommendations received, and a process for incorporating such views and recommendations into decisions and outcomes. For HUD regulations implementing the Housing and Community Development Act of 1974, the statutory term for ‘‘community participation’’ is ‘‘citizen participation.’’84 Contributing Factor
A factor that creates, contributes to, perpetuates, or increases the severity of one or more fair housing issues. Goals in an AFH are designed to overcome one or more contributing factors and related fair housing issues as provided in 24 CFR § 5.154.85
Disparities in Access to Opportunity
Defined by the AFFH Final Rule as “substantial and measurable differences in access to educational, transportation, economic, and other opportunities in a community based on protected class related to housing.”86
82 Gov. Code, § 8899.50, subd. (a)(1).
83 24 C.F.R. §5.152 (2016).
84 bid.
85 Ibid.
86 Ibid.

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Packet Pg. 689 Attachment: Affirmatively Furthering Fair Housing Guidebook (6th Cycle - 2021-2029 - San Jacinto Housing Element) California Department of Housing and Community Development 65 Affirmatively Furthering Fair Housing
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, severe cost burden, overcrowding, tenure (own vs. rent), homelessness, and substandard housing conditions.

Fair Housing Choice
Under the AFFH Final Rule, 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, or disability. Fair housing choice encompasses:
● Actual choice, which means the existence of realistic housing options; ● Protected choice, which means housing that can be accessed without discrimination; ● 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 disability-related services that an individual needs to live in such housing.

Fair Housing Issue
A condition in a program participants 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, significant disparities in access to opportunity, disproportionate housing needs, and evidence of discrimination or violations of civil rights law or regulations related to housing.87
Integration
A condition within the program participants geographic areas of analysis, as guided by the AFFH Data Viewer, 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 type of disability in a particular geographic area when compared to a broader geographic area.” 88
Land Value Recapture
A policy approach by which communities can recover and reinvest land value increases that result from public investment and other government actions, including re-zoning. This can include things such as requiring community benefits from landowners and developers whose land has increased in value due to government actions, public benefit zoning, incentive zoning, density bonuses, housing overlay zoning, tax increment financing, community benefits agreements, special assessment districts, transferable development rights, linkage or impact fees, and others. 87 Ibid.
88 Ibid.

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Packet Pg. 690 Attachment: Affirmatively Furthering Fair Housing Guidebook (6th Cycle - 2021-2029 - San Jacinto Housing Element) 66 California Department of Housing and Community Development Affirmatively Furthering Fair Housing
Meaningful Action
Significant actions that are designed and can be reasonably expected to achieve a material positive change that affirmatively furthers fair housing by, for example, increasing fair housing choice or decreasing disparities in access to opportunity.89 Public Agency
Means all of the following:

A. The state, including every state office, officer, department, division, bureau, board, and commission, including the California State University.

B. A city, including a charter city, county, including a charter county, city and county, and a redevelopment successor agency.

C. A public housing authority created pursuant to the Housing Authorities Law (Chapter 1 (commencing with Section 34200) of Part 2 of Division 24 of the Health and Safety Code).

D.A public housing agency, as defined in the United States Housing Act of 1937 (codified at 42 U.S.C.

Sec. 1437 et seq.), as amended.

E. 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 under the Community Development Block Grant program, the Emergency Solutions Grants program, the HOME Investment Partnerships program, or the Housing Opportunities for Persons With AIDS program.90 Segregation
A condition within the program participant’s geographic area of analysis....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.91
89 Ibid.
90 Gov. Code, § 8899.50, subd. (a)(2).
91 24 C.F.R. §5.152 (2016).

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Packet Pg. 691 Attachment: Affirmatively Furthering Fair Housing Guidebook (6th Cycle - 2021-2029 - San Jacinto Housing Element) California Department of Housing and Community Development 67 Affirmatively Furthering Fair Housing
Dissimilarity and Isolation Index Formulas
Dissimilarity Index: This index measures the evenness with which two groups (frequently defined on racial or ethnic characteristics) are distributed across the geographic units, such as block groups within a community. The index ranges from 0 to 100, with 0 meaning no segregation and 100 indicating complete segregation between the two groups. The index score can be understood as the percentage of one of the two groups that would need to move to produce an even distribution of racial/ethnic groups within the specified area. An index score above 60 is considered high (i.e.:
60 percent of people would need to move to eliminate segregation), while 30 to 60 is considered moderate, and below 30 is considered low.92
The formula for calculating the dissimilarity index, by Census block group, is as follows:
● Pig is the population of group g in Census block group i ● Pih is the population of group h in Census block group i ● Pg is the total population of group g in the City
● Ph is the total population of group h in the City
Isolation Index: Ranging from 0 to 100, the isolation index represents the percentage of residents of a given race or ethnicity in a block group where the average resident of that group lives, correcting for the fact that this number increases mechanically with that group’s share of the overall citywide population. Using Hispanic or Latino residents as an example, an aggregate isolation index of 40 indicates that the average Hispanic or Latino resident lives in a block group where the Hispanic share of the population exceeds the overall citywide average by roughly 40 percent. Isolation index values that equal close to zero indicate that members of that BIPOC group live in relatively integrated neighborhoods.93 94
The formula for calculating the isolation index, by Census block group, is as follows:
● Pig is the population of group g in Census block group i ● Pit is the total population in Census block group i
● Pg is the total population of group g in the City
● Pt is the total population in the City
92 Massey, D.S. and N.A. Denton. (1993). American Apartheid: Segregation and the Making of the Underclass. Cambridge, MA: Harvard University Press.
93 HUD. (2013). AFFH Data Documentation. Available at: http://www.huduser.org/portal/publications/pdf/FR-5173-P-01_AFFH_data_ documentation.pdf
94 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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Packet Pg. 692 Attachment: Affirmatively Furthering Fair Housing Guidebook (6th Cycle - 2021-2029 - San Jacinto Housing Element) 68 California Department of Housing and Community Development Affirmatively Furthering Fair Housing
Local jurisdictions should use the dissimilarity index and/or isolation index tools as part of the needs assessment to help to understand where there are areas of segregation in the community and highlight needs for housing element policies and programs to help reduce segregation. Dissimilarity index and Isolation index values for census tracts within the jurisdiction can be mapped thematically to highlight areas with high levels of segregation. This will highlight locations within the community where there are needs for housing element policies and programs to promote better racial and ethnic integration and reduce segregation.

Examples of Contributing Factors to Fair
Housing Issues by Area
Outreach
● Lack of a variety of media (e.g., meetings, surveys, stakeholder interviews) ● Lack of marketing community meetings
● Lack of meetings at various times
● Lack of accessibility to draft documents
● Lack of language access
● Lack of accessible forums (e.g., webcast, effective communication, reasonable accommodation procedures)
Fair Housing Enforcement and Outreach Capacity
● Lack of local private fair housing outreach and enforcement ● Lack of local public fair housing enforcement
● Lack of resources for fair housing agencies and organizations ● Lack of state or local fair housing laws to support strong enforcement ● Unresolved violations of fair housing or civil rights law (including challenges to protect the constitutional and statutory rights of unhoused people) Segregation and Integration
● Community opposition
● Displacement of residents due to economic pressures
● Lack of community revitalization strategies
● Lack of private investments in specific neighborhoods ● Lack of public investments in specific neighborhoods, including services or amenities ● Lack of regional cooperation
● Land use and zoning laws
● Lending discrimination
● Location and type of affordable housing
● Occupancy codes and restrictions
● Private discrimination
● Source of income discrimination
● Lack of tenant protections
● Harassment
● Lack of supportive housing in community-based settings ● Policing and criminalization

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Packet Pg. 693 Attachment: Affirmatively Furthering Fair Housing Guidebook (6th Cycle - 2021-2029 - San Jacinto Housing Element) California Department of Housing and Community Development 69 Affirmatively Furthering Fair Housing
Racially and Ethnically Concentrated Areas of Poverty
● Community opposition
● Deteriorated and abandoned properties
● Displacement of residents due to economic pressures
● Lack of community revitalization strategies
● Lack of private investments in specific neighborhoods ● Lack of public investments in specific neighborhoods, including services or amenities ● Lack of regional cooperation
● Land use and zoning laws
● Location and type of affordable housing
● Occupancy codes and restrictions
● Private discrimination
● Lending discrimination
● Policing and criminalization
Disparities in Access to Opportunity
● Access to financial services
● The availability, type, frequency, and reliability of public transportation ● Lack of private investments in specific neighborhoods ● Lack of public investments in specific neighborhoods, including services or amenities ● Lack of regional cooperation
● Land use and zoning laws
● Lending discrimination
● Location of employers
● Location of environmental health hazards
● Location of proficient schools and school assignment policies ● Location and type of affordable housing
● Occupancy codes and restrictions
● Private discrimination
● Policing and criminalization
Disparities in Access to Opportunity for Persons with Disabilities ● Access to proficient schools for persons with disabilities ● Access to publicly supported housing for persons with disabilities ● Access to transportation for persons with disabilities ● Inaccessible government facilities or services
● Inaccessible sidewalks, pedestrian crossings, or other infrastructure ● Lack of affordable in-home or community-based supportive services ● Lack of affordable, accessible housing in range of unit sizes ● Lack of affordable, integrated housing for individuals who need supportive services ● Lack of assistance for housing accessibility modifications ● Lack of assistance for transitioning from institutional settings to integrated housing ● Land use and zoning laws
● Lending discrimination
● Location of accessible housing

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Packet Pg. 694 Attachment: Affirmatively Furthering Fair Housing Guidebook (6th Cycle - 2021-2029 - San Jacinto Housing Element) 70 California Department of Housing and Community Development Affirmatively Furthering Fair Housing
● Occupancy codes and restrictions
● Lack of effective accommodations for unhoused people with disabilities ● Regulatory barriers to providing housing and supportive services for persons with disabilities ● State or local laws, policies, or practices that discourage individuals with disabilities from being placed in or living in apartments, family homes, and other integrated settings ● Policing and criminalization (especially people with mental disabilities or neurodivergent individuals) Disproportionate Housing Needs, Including Displacement Risks ● The availability of affordable units in a range of sizes ● Displacement of residents due to economic pressures
● Lack of private investments in specific neighborhoods ● Lack of public investments in specific neighborhoods, including services or amenities ● Lack of renter protections
● Lack of protections for mobilehome park residents
● Land use and zoning laws
● Lending discrimination
● Lack of rental relief programs for people at risk of homelessness Site Inventory
● Community opposition
● Lack of community revitalization strategies
● Lack of private investments in specific neighborhoods ● Lack of public investments in specific neighborhoods, including services or amenities ● Lack of regional cooperation
● Land use and zoning laws
● Local policies or practices (e.g., councilmember veto) ● Location and type of affordable housing
● Private discrimination

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Packet Pg. 695 Attachment: Affirmatively Furthering Fair Housing Guidebook (6th Cycle - 2021-2029 - San Jacinto Housing Element) California Department of Housing and Community Development 71 Affirmatively Furthering Fair Housing
Sample Contributing Factors & Actions Matrix
Identified Fair
Housing Issue
Contributing
Factor
Priority
(high, medium, low) Meaningful Action

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Packet Pg. 696 Attachment: Affirmatively Furthering Fair Housing Guidebook (6th Cycle - 2021-2029 - San Jacinto Housing Element) 72 California Department of Housing and Community Development Affirmatively Furthering Fair Housing
Examples of Affirmatively Furthering Fair
Housing Actions
Housing Mobility Strategies consist of removing barriers to housing in areas of opportunity and strategically enhancing access. Examples include:
● Voucher mobility
● Housing mobility counseling
● City-wide affordable rental registries
● Landlord outreach to expand the location of participating voucher properties ● Landlord education and outreach on source of income discrimination and voucher programs ● Assistance with security deposits and moving expenses for voucher holders and other low-income tenants ● Extend search times for particular groups with housing choice vouchers, such as larger families with children or persons with disabilities
● Regional cooperation and administration of vouchers (such as through portability and shared waiting lists);
● Affirmative marketing can be targeted at promoting equal access to government-assisted housing or to promote housing outside the immediate neighborhood to increase awareness and the diversity of individuals in the neighborhood
● Collaborate with high performing school districts to promote a diversity of students and staff to serve lower income students
● Developing multifamily housing opportunities95
● Encouraging the development of four or more units in a building ● Encouraging collaboration between local governments and community land trusts as a mechanism to develop affordable housing in higher-opportunity areas.96 ● Accessibility programs focus on improving access to housing, transit, public buildings and facilities, sidewalks, pedestrian crossings, and businesses New Housing Choices and Affordability in Areas of Opportunity means promoting housing supply, choices and affordability in areas of high opportunity and outside of areas of concentrated poverty. Examples include:
● Zoning, permit streamlining, fees, incentives and other approaches to increase housing choices and affordability (e.g., duplex, triplex, multifamily, accessory dwelling units, transitional and supportive housing, group homes) in high opportunity areas ● Target housing creation or mixed income strategies (e.g., funding, incentives, policies and programs, density bonuses, land banks, housing trust funds) ● Inclusionary requirements
95 The federal FHA includes design and construction requirements for all residential buildings with four or more attached units. In buildings with stairs, all ground floor units must be accessible, and in buildings with elevator access, all units must have minimum access. There is no federally mandated standard for accessibility in single family homes. Government Code section 12955.1, subdivision (b), requires 10 percent of units in multifamily buildings without elevators consisting of 3 or more rental units or 4 or more condominium units are subject to accessibility building standards.
96 See Community Land Trusts and Stable Affordable Housing, available at https://www.huduser.gov/portal/pdredge/pdr-edge-featdarticle-110419.html, last visited on March 19, 2021.

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● Scattered site affordable development
● Targeted investment and programs, including sweat equity, down payment assistance, new rental construction
● Accessibility modification programs and other measures that proactively enhance accessibility ● Increase accessible number of units above state law through incentives, policies, funding and other similar measures
● Developing waiting lists for persons with disabilities, such as coordination with regional centers for developmental services and targeting those lists to property owners or homeowners making units (e.g., ADUs) available
● Leveraging in-home or community based supportive services ● Develop a campaign to combat local opposition
● Increase number of ADUs allowed per site
● Increasing opportunities for community ownership of housing Place-based Strategies to Encourage Community Conservation and Revitalization Involves approaches that are focused on conserving and improving assets in areas of lower opportunity and concentrated poverty such as targeted investment in neighborhood revitalization, preserving or rehabilitating existing affordable housing, improving infrastructure, schools, employment, parks, transportation and other community amenities. Examples include:
● Targeted investment in areas of most need focused on improving community assets such as schools, recreational facilities and programs, social service programs, parks, streets, active transportation and infrastructure ● Develop a proactive code enforcement program that targets areas of concentrated rehabilitation needs, results in repairs and mitigates potential cost, displacement and relocation impacts on residents
● Dedicate or seek funding to prioritize basic infrastructure improvements (e.g., water, sewer) in disadvantaged communities
● Address negative environmental, neighborhood, housing and health impacts associated with siting and operation of land uses such as industrial, agricultural, waste storage, freeways, energy production, etc. in disadvantaged communities
● Address negative impacts from climate change through investments in adaptation measures such as urban forestry, flood prevention measures, etc. in disadvantaged communities ● Target acquisition and rehabilitation to vacant and blighted properties in neighborhoods of concentrated poverty
● Inter-governmental coordination on areas of high need ● Prioritized capital improvement programs
● Develop new financing
● Recruit residents from areas of concentrated poverty to serve on boards, committees, task forces and other local government decision-making bodies
● Catalyze leadership and future community wide decision-makers, including affirmative recruitment in hiring practices ● Leverage private investment for community revitalization, including philanthropic ● Expand access to community meetings, including addressing language barriers, meeting times

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Packet Pg. 698 Attachment: Affirmatively Furthering Fair Housing Guidebook (6th Cycle - 2021-2029 - San Jacinto Housing Element) 74 California Department of Housing and Community Development Affirmatively Furthering Fair Housing
Protecting Existing Residents from Displacement comprises strategies that protects residents in areas of lower or moderate opportunity and concentrated poverty and preserves housing choices and affordability. Examples include:
● First right of return to existing residents and policies that include moving expenses ● Multi-lingual tenant legal counseling
● Affirmative marketing strategies or plans targeting nearby neighborhoods, a Disadvantaged Community or a Low-Income Community
● Replacement requirements in targeted growth areas such as transit stations, transit corridors, job and housing rich areas, downtowns and revitalization areas or policies on sites identified to accommodate the housing needs of lower income households ● Rent stabilization programs beyond what is required by California Civil Code 1946.2 ● Just cause eviction or other efforts improving tenant stability beyond what is required by California Civil Code 1946.2 ● Policies to preserve Single Room Occupancy (SRO) housing or mobilehome parks ● Condominium conversion restrictions
● Land banking programs actively receiving funding
● Community benefit zoning and/or other land value recapture strategy ● Rent review board and/or mediation, foreclosure assistance, or multilingual tenant legal counseling services ● Density bonus ordinances that expand on state replacement requirements ● Implementation of an overlay zone to protect and assist small businesses ● Establishment of a small business advocate office and single point of contact for every small business owner;
● Creation and maintenance of a small business alliance; ● Increased visibility of the jurisdiction’s small business assistance programs; ● Formal program to ensure that some fraction of a jurisdiction’s purchases of goods and services come from local businesses
● Prioritization of Minority and Women Business Enterprises (MWBE) for public contracting ● Environmental contamination mitigation and hazard mitigation measures such as seismic retrofits, flood adaptation measures, etc. to prevent displacement from disasters ● Eliminating crime-free or nuisance ordinances or programs that result in penalties to landlords and evictions of tenants

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Packet Pg. 699 Attachment: Affirmatively Furthering Fair Housing Guidebook (6th Cycle - 2021-2029 - San Jacinto Housing Element) California Department of Housing and Community Development 75 Affirmatively Furthering Fair Housing
Sample Tables
Regional Comparisons
Population by Race/Ethnicity
City County Region/State
2010 2018 2010 2018 2010 2018
White (Non-Hispanic)
Hispanic/Latino
Black or African American
Native American
Asian
Native Hawaiian and Other Pacific Islander
Other
Two or More Races
Population by Disability Type
City County Region/State
2010 2018 2010 2018 2010 2018
Total with a Disability
» Hearing Difficulty
» Vision Difficulty
» Cognitive Difficulty
» Ambulatory Difficulty
» Self-care Difficulty
» Independent Living
Source: XXXXXXXXX

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Packet Pg. 700 Attachment: Affirmatively Furthering Fair Housing Guidebook (6th Cycle - 2021-2029 - San Jacinto Housing Element) 76 California Department of Housing and Community Development Affirmatively Furthering Fair Housing
Housing Units by Type
City County Region/State
2010 2018 2010 2018 2010 2018
Single Family-Detached
Single Family-Attached
2-4 Units
5+ Units
Mobilehomes
Other
Source: XXXXXXXXX
Population by Familial Status
City County Region/State
2010 2018 2010 2018 2010 2018
Family Households
» Married-Couple Family Households
• With Children
• Without Children
» Other Family Households
• With Children
• Without Children
Non-family Households
Source: XXXXXXXXX

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Packet Pg. 701 Attachment: Affirmatively Furthering Fair Housing Guidebook (6th Cycle - 2021-2029 - San Jacinto Housing Element) California Department of Housing and Community Development 77 Affirmatively Furthering Fair Housing
Households by Income
City County Region/State
2010 2018 2010 2018 2010 2018
Less than $10,000
$10,000-$14,999
$15,000-$24,999
$25,000-$34,999
$35,000-$49,999
$50,000-$74,999
$75,000-$99,999
$100,000-$149,999
$150,000-$199,999
$200,000 or More
Median Income
Source: XXXXXXXXX
Households by Overpayment
City County Region/State
2010 2018 2010 2018 2010 2018
Owner Households (All Low Income
Levels 0-80% AMI)
Paying >30%
Paying >50%
Renter Households (All Low Income
Levels 0-80% AMI)
Paying >30%
Paying >50%
Owner Households (Extremely Low
Income Levels 0-30% AMI)
Paying >30%
Paying >50%
Renter Households (Extremely Low
Income Levels 0-30% AMI)
Paying >30%
Paying >50%
Source: XXXXXXXXX

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Packet Pg. 702 Attachment: Affirmatively Furthering Fair Housing Guidebook (6th Cycle - 2021-2029 - San Jacinto Housing Element) 78 California Department of Housing and Community Development Affirmatively Furthering Fair Housing
Households by Tenure
City County Region/State
2010 2018 2010 2018 2010 2018
Owner Households
Renter Households
Total Households
Source: XXXXXXXXX
Households by Overcrowding
City County Region/State
2010 2018 2010 2018 2010 2018
Owner Households
» 1.01 to 1.50 occupants per room
» 1.51 to 2.00 occupants per room
» 2.01 or more occupants per room
Renter Households
» 1.01 to 1.50 occupants per room
» 1.51 to 2.00 occupants per room
» 2.01 or more occupants per room
Total Households
Source: XXXXXXXXX

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List of Fair Housing Assistance Organizations
Name Service Area Address Phone Website
California
Department of Fair
Employment and
Housing
California 2218 Kausen Dr. Ste. 100
Elk Grove, CA 95758
916-478-7251 https://www.dfeh.
ca.gov/
Greater Bakersfield
Legal Assistance, Inc.

Kern County, CA 615 California Ave.

Bakersfield, CA 93304
661-325-5943 http://www.gbla.org/
Fair Housing Council of
Central California
Alpine, Amador, Butte, Calaveras,
Colusa, El Dorado, Fresno, Glenn,
Inyo, Kern, Kings, Lassen, Madera,
Mariposa, Merced, Modoc, Mono,
Nevada, Placer, Plumas, Sacramento,
San Joaquin, San Luis Obispo,
Shasta, Siskiyou, Solano, Stanislaus,
Sutter, Tehama, Trinity, Tulare,
Tuolumne, Yolo, Yuba
333 W. Shaw Ave. Ste. 14
Fresno, CA 93704
559-244-2950 http://www.fhc-cc.org/
index.html
Mental Health
Advocacy
Services, Inc.

Los Angeles area 3255 Wilshire Blvd. Ste. 902
Los Angeles, CA 90010
213-389-2077 http://mhas-la.org/
Southern California
Housing Rights Center
The City of Los Angeles, Los
Angeles County, Antelope Valley, &
Ventura County
3255 Wilshire Blvd. 1150 Los
Angeles, CA 90010
213-387-8400 http://www.hrc-la.org/
default.asp?id=6
Housing and Economic
Rights Advocates
State of California 1814 Franklin St. Ste. 1040
Oakland, CA 94612
510-271-8443 http://www.heraca.org/
Bay Area Legal Aid San Rafael, Napa, Richmond,
Oakland, San Francisco, Redwood
City, & San Jose
1735 Telegraph Ave.

Oakland, CA 94612 510-663-4755 https://baylegal.org/
1025 Macdonald Ave,
Richmond, CA 94801 510-233-9954
575 Lincoln Ave., Ste. 210,
Napa, CA 94558 707-259-0579
1800 Market St., 3rd Floor,
San Francisco, CA 94102 415-982-1300
1038 El Camino Real, Ste. A,
Redwood City, CA 94063 650-358-0745
4 N. Second St., Ste. 600,
San Jose, CA 95113 408-283-3700

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Name Service Area Address Phone Website
California Rural Legal
Assistance
California 1430 Franklin St., Ste. 103
Oakland, CA 94612 1-800-337-0690 https://www.crla.org/
141 A Street, Suite D. Arvin,
CA 93203 661-854-3839
1460 6th Street, P.O. Box
35Coachella, CA 92236 760-398-7261
601 High St., Ste. C Delano,
CA 93215 661-725-4350
449 Broadway St. El Centro,
CA 92243 760-353-0220
3747 E. Shields Ave. Fresno,
CA 93726 559-441-8721
126 North "B" St. Madera,
CA 93638 559-674-5671
511 "D" St. Marysville, CA
95901 530-742-5191
1020 15th St, Ste. 20,
Modesto, CA 95354 209-577-38811
338 "A" St. Oxnard, CA
93030 805-486-1068
3 Williams Rd. Salinas, CA
93905 831-757-5211
175 Santa Rosa St. San Luis
Obispo, CA 93405 805-544-7994
2050 South Broadway Ste. G
Santa Maria, CA 93454 805-922-4564
1160 N. Dutton Ave., Ste. 105
Santa Rosa, CA 95401 707-528-9941
145 E. Weber Ave. Stockton,
CA 95202 209-946-0605
640 Civic Ctr. Dr. #108, Vista,
CA 92084 760-966-0511
21 Carr St. Watsonville, CA
95076 831-724-2253
CSA San Diego County  San Diego County, CA 131 Avocado Ave. El Cajon, CA 92020
619-444-5700 https://www.c4sa.org/
Eden Council of Hope
& Opportunity
Alameda, Contra Costa, and
Monterey Counties, and the Cities
of Alameda, Antioch, Concord,
Hayward, Livermore, Monterey,
Oakland, Pleasanton, Richmond,
Salinas, San Leandro, Seaside, Union
City, and Walnut Creek
770 A Street, Ste. 204,
Hayward, CA 94541 510-581-9380 www.echofairhousing.
org
301 W. 10th St. Antioch, CA
94509 925-732-3919
141 N. Livermore Ave.

Livermore, CA 94550 925-583-5992
1305 Franklin St. #305
Oakland, CA 94612 510-496-0496
570 Pacific St. Monterey, CA
93940 831-566-0824
168 W. Alisal St. Salinas, CA
93901 831-566-0824

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Name Service Area Address Phone Website
Fair Housing
Advocates of Northern
California
Marin County and Sonoma Counties;
cities of Fairfield and Vallejo
1314 Lincoln Ave. Ste. A San
Rafael, CA 94901
415-457-5025 http://www.
fairhousingnorcal.org/
Fair Housing Council of
Orange County
Orange County, CA 1516 Brookhollw Dr., Ste. A
Santa Ana, CA 92705
714-569-0823 https://www.
fairhousingoc.org/
Fair Housing Council of
Riverside County
Riverside County (all jurisdictions),
Moreno Valley, Corona, Temecula,
Palm Springs, Palm Desert, Perris,
Jurupa Valley, Hemet, Menifee
4164 Brockton Ave. Riverside,
CA 92501
951-682-6581 https://fairhousing.net/
23890 Alessandro Blvd.,
Suite A1 Moreno Valley, Ca
92553
190 W. Amado Rd. Palm
Springs, CA 92262
650 Main St. Corona, CA
92882
Fair Housing Council of
San Diego
San Diego Region 9845 Erma Rd., Ste. 300 San
Diego, CA 92131
619-699-5888 https://fhcsd.com/
Fair Housing Council of
the San Fernando Valley
Los Angeles County, primarily in the
San Fernando Valley
14621 Titus St., Ste. 100
Panorama City, CA 91402
818-373-1185 http://www.fhcsfv.com/
Fair Housing
Foundation
Aliso Viejo, Bellflower, Buena Park,
Compton, Costa Mesa, Downey,
Fullerton, Garden Grove, Garden,
Huntington Beach, Huntington
Park, Irvine, La Habra, Long
Beach, Lynwood, Mission Viejo,
Newport Beach, Norwalk, Orange,
Paramount, San Clemente, South
Gate, Tustin, Westminster
3605 Long Beach Blvd.,
Ste 302 Long Beach, CA
90807
(800) 446 - FAIR
(3247) Deaf or
hard of Hearing
TTY (800)
855-7100
https://fhfca.org/
2300 E Katella Ave., Ste 405
Anaheim, CA 92806
Fair housing Napa
Valley
Napa County, CA 1804 Soscol Avenue, Ste.
203, Napa, CA 94559
707-224-9720 https://napafairhousing.
org/
Fair Housing of Sonoma
County at Petaluma
Petaluma 1500 Petaluma Blvd., South
Ste A Petaluma, CA 94952
707-765-8488 https://petalumapeople.
org/housing/

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Name Service Area Address Phone Website
Housing Equity Law
Project
Northern California 180 S. Spruce Ave., Ste. 250
San Francisco, CA 94080
415-434-9400 http://www.
housingequality.org/
Housing Rights Center Los Angeles County, Antelope
Valley, & Ventura County
3255 Wilshire Blvd. 1150 Los
Angeles, CA 90010
213-387-8400 https://www.
housingrightscenter.org/
6320 Van Nuys Blvd., Ste. 311
Van Nuys, CA 91402
Jackie Robinson Center 1020
N. Fair Oaks Ave. Pasadena,
CA 91103
1015 N. Lake Ave., Ste. 100
Pasadena, CA 91104
Inland Fair Housing and
Mediation Board
San Bernardino, Riverside, and
Imperial Counties
1500 S. Haven Ave., Ste. 100
Ontario, CA 91761
800-321-0911 https://www.ifhmb.com/
225 W. Hospitality Ln.,
Ste. #207 San Bernardino, CA
92408
15248 Civic Dr., Ste. #225
Victorville, CA 92392
82921 Indo Blvd. Indio, CA
92201
444 S. 8th St., Ste. #C-1A El
Centro, CA 92243
Legal Aid Society of
San Diego
San Diego County, CA 110 S. Euclid Ave. San Diego,
CA 92114
1-844-449-3500 https://www.lassd.org/
1764 San Diego Ave., Ste.
100 San Diego, CA 92110
216 S. Tremont St.

Oceanside, CA 92054
Project Sentinel   Northern California 1490 El Camino Real, Santa Clara, CA 95050
408-470-3739 https://www.housing.
org/

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Bibliography
AFFH Rule and Assessments
Assembly Bill 686
California State Legislature. September 30, 2018 Bill text for California’s Affirmatively Furthering Fair Housing law. HCD AB 686 Summary of Requirements in Housing Element Law Memorandum (April 2020)
Affirmatively Furthering Fair Housing: California’s New Law (PDF) National Housing Law Project. 2019. 2 pp.

Summarizes Assembly Bill 686, California’s Affirmatively Furthering Fair Housing Law.

Affirmatively Furthering Fair Housing Final Rule (PDF)
Federal Register. 2015. 101 pp.

AFFH Rule Guidebook (PDF)
U.S. Dept of Housing and Urban Development (HUD). 2015. 222 pp.

California Department of Housing and Community Development Final 2020 Analysis of Impediments to Fair Housing Choice (PDF)
Executive Summary. June 2020. 10 pp.

California Department of Housing and Community Development Final 2020 Analysis of Impediments to Fair Housing Choice – Final AI 425 Chapter 13: Impediments to Fair Housing Choice (PDF)
June 2020. 9 pp.

Furthering Fair Housing
National Fair Housing Alliance
Summarizes the Obama administration’s AFFH Rule and provides update on the rule change.

Furthering Fair Housing
Massachusetts Institute of Technology, Department of Urban Studies and Planning. This website provides a clearinghouse of assessments of fair housing completed during the implementation of the HUD AFFH Rule, sample goals, and articles detailing research on implementation of the HUD AFFH Rule and related topics.

Policy Objective: Affirmatively Furthering Fair Housing Local Housing Solutions.

This web article provides suggestions for improving access to opportunity through place-based strategies, mobility strategies (including inclusionary zoning), and specific policies detailed in a housing policy toolkit.

National Housing Law Project (NHLP)
These resources provide context regarding the Obama administration’s implementation of the 2015 federal AFFH rule.

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● AFFH Implementation: An Update for Advocates (PDF) 2016. ● AFFH Glossary (PDF) 2016.
● Assessment of Fair Housing Advocate Participation Checklist (PDF) 2016.

Assessment of Fair Housing Plan (PDF)
City of Los Angeles & The Housing Authority of the City of Los Angeles.

Prepared by Enterprise Community Partners and the Lawyers Committee. Nov. 6, 2017. 434 pp.

NLIHC: Assessment Tools
National Low-Income Housing Coalition.

NLIHC makes available assessment tools from the Obama administration’s AFFH rule. Included are Assessment Tools for Localities and PHAs as well as a Proposed Assessment Tool for States.

PRRAC: Affirmatively Furthering Fair Housing
Poverty & Race Research Action Council (PRRAC) provides multiple samples and tools for conducting an Analysis of Impediments/Assessment to Fair Housing Choice. Also includes background information on AFFH plus comment letters and news stories regarding the termination of the rule.

Preserving Community and Neighborhood Choice (PDF)
HUD. 2020. 57 pp.

This presents HUD’s new rule, which replaces the 2015 Affirmatively Furthering Fair Housing rule, terminated by HUD in 2020.

Federal Guidance
Joint Statement of HUD and DOJ on State and Local Land Use Laws and Practices and the Application of the Fair Housing Act (PDF)
U.S. Dept. of Justice (DOJ). November 10, 2016. 20pp.

Office of General Counsel Guidance on Application of Fair Housing Act Standards to the Use of Criminal Records by Providers of Housing and Real Estate-Related Transactions (PDF) HUD. April 4, 2016. 10 pp.

Joint Statement of HUD and DOJ on Reasonable Accommodations Under the Fair Housing Act (PDF)
HUD. May 17, 2004. 15 pp.

Fair Housing Enforcement – Occupancy Standards; Notice of Statement of Policy (PDF) Federal Register. December 22, 1998. 7 pp.

Office of General Counsel Guidance on Fair Housing Act Protections for Persons with Limited English Proficiency (PDF)
HUD. September 15, 2016. 9 pp.

The guidance clarifies that discrimination against people in housing transactions based on the language they speak can be considered discrimination under the Fair Housing Act.

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Equal Access in Accordance with an Individual’s Gender Identity in Community Planning and Development Programs; Final Rule
Federal Register. September 21, 2016.

Equal Access to Housing in HUD Programs Regardless of Sexual Orientation or Gender Identity; Final Rule
Federal Register. February 3, 2012.

Olmstead: Community Integration for Everyone
DOJ, Civil Rights Division. Information and Technical Assistance on the Americans with Disabilities Act
This is an overview of the 1999 Supreme Court decision regarding Title II of the Americans with Disabilities Act. The decision requires states to place qualified people with mental disabilities in community settings rather than institutional ones.

Joint Statement of HUD and DOJ on Reasonable Modifications Under the Fair Housing Act (PDF)
HUD. March 5, 2008. 18 pp.

Joint Letter to Local Colleagues (PDF)
U.S. Departments of Education; Transportation; and Housing and Urban Development. June 3, 2016. 3 pp.

This joint letter calls on “local education, transportation, and housing leaders to work together on issues at the intersection of our respective missions in helping to guarantee full access to opportunity across the country.” It lays out the original vision of the AFFH rule as being one of coordination among agencies that provide access to opportunity.

Data & Maps
CalEnviroScreen
California Office of Environmental Health Hazard Assessment.

This mapping tool helps identify California communities that are most affected by several sources of pollution.

California Health Interview Survey
University of California, Los Angeles, Center for Health Policy Research. “The California Health Interview Survey (CHIS) is the nation's largest state health survey and a critical source of data on Californians as well as on the state's various racial and ethnic groups.” California Healthy Places Index
This site maps by zip code the following conditions: economic, education, housing, healthcare access, neighborhood, and clean environment.

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California Neighborhood Change Maps
Urban Displacement Project. Text, data, and color-coded maps. ● Mapping Displacement, Gentrification, and Exclusion in the San Francisco Bay Area Updated in 2018.
● Mapping Neighborhood Change in Southern California: Los Angeles, Orange, and San Diego Counties Updated in 2020 with new layers reflecting COVID-19 vulnerabilities.

Data and Tools for Fair Housing Planning
Urban Institute. July 2020.

Provides downloadable files of Affirmatively Furthering Fair Housing data and guidelines pertaining to the 2015 rule, thus offering assistance for states still pursuing these goals.

Mapping Inequality: Redlining in New Deal America
University of Richmond Digital Scholarship Lab.

Provides historic Home Owners Loan Corporation (HOLC) maps that were color coded to reflect the mortgage security potential of various neighborhoods. These maps and their coding provided a tool for redlining that made it difficult or impossible for people in certain areas to access mortgage financing to become homeowners. The maps “allow and encourage you to grapple with this history of government policies contributing to inequality.”
National Equity Atlas
“America's most detailed report card on racial and economic equity. We equip movement leaders and policymakers with actionable data and strategies to advance racial equity and shared prosperity.” Opportunity Insights: The Economic Tracker
Harvard University.

Data, research, and policy recommendations. “Our mission is to identify barriers to economic opportunity and develop scalable solutions that will empower people throughout the United States to rise out of poverty and achieve better life outcomes.” This data is currently focused on the economic impacts of the COVID-19 pandemic.

TCAC/HCD Opportunity Maps - California
HCD, Treasurer of the State of California | California Tax Credit Allocation Committee, and The Institute of Othering and Belonging, U.C. Berkeley.

PolicyMap
PolicyLink. 2017.

Uses 2010 Census to map a variety of measurements, including demographics, income, and housing.

Race Counts
Race Counts measures the overall performance, amount of racial disparity, and impact by population size of counties and cities in California.

Urban Displacement Project
Articles, reports, and policy briefs; gentrification and displacement maps of several metropolitan areas; UCLA and UC Berkeley case studies of Los Angeles and San Francisco Bay Area neighborhoods.

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Using Data to Assess Fair Housing and Improve Access to Opportunity: A Guidebook for Community Organizations (PDF)
L. Hendey & M. Cohen. Urban Institute. 2017. 64 pp.

Videos
Affirmatively Furthering Fair Housing in California: Prioritizing Fair Housing Goals in Planning for the State’s Housing Needs
(Opens to page with embedded recording of Webinar. Run time: 1 hour 27 min.) Terner Center for Housing Innovation, U.C. Berkeley. 2020.

Webinar panel discussion featuring Gillian Adams, Arthur Gailes, and Annelise Osterberg, moderated by Terner Center Managing Director Ben Metcalf, with opening remarks by HCD’s Director, Gustavo Velasquez.

Segregated by Design
M. Lopez, Director. Silkwood Studios. 2019. Run time: 17 min. 42 sec.

This animated video, narrated by Richard Rothstein, “examines the forgotten history of how our federal, state and local governments unconstitutionally segregated every major metropolitan area in America through law and policy.”
Books
The Color of Law: A Forgotten History of How Our Government Segregated America R. Rothstein. New York: Liveright Publishing Corp., 2017. 345 pp.

Examines the historical segregation of housing due to governmental policies and real estate and mortgage industry practices. Analyzes the impact this has on neighborhoods today regarding environmental justice and access to quality schools, public transportation, jobs, parks, and other opportunities.

The One-way Street of Integration: Fair Housing and the Pursuit of Racial Justice in American Cities.

E.G. Goetz. Ithaca, NY: Cornell University Press, 2018. 228 pp.

From the bookseller’s website: “Goetz traces the tensions involved in housing integration and policy to show why he doesn't see the solution to racial injustice as the government moving poor and nonwhite people out of their communities.”
Race for Profit: How Banks and the Real Estate Industry Undermined Black Homeownership Keeanga-Yamahtta Taylor. Chapel Hill: University of North Carolina Press, 2019. 368 pp.

From the publisher’s website: “Race for Profit uncovers how exploitative real estate practices continued well after housing discrimination was banned. The same racist structures and individuals remained intact after redlining’s end, and close relationships between regulators and the industry created incentives to ignore improprieties.”

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Segregation by Design: Local Politics and Inequality in American Cities J. Trounstine. Cambridge: Cambridge University Press, 2018. 277 pp.

From the publisher’s website: “Segregation by Design draws on more than 100 years of quantitative and qualitative data from thousands of American cities to explore how local governments generate race and class segregation.”
Research Articles & Reports
Affirmatively Furthering Fair Housing: A Reckoning with Government-Sponsored Segregation in the 21st Century
(Links to page with free PDF download.)
S. Menendian. National Civic Review 106(3): 20-27. 2017.

Affirmatively Furthering Fair Housing for People with Disabilities: Recommendations and Best Practices for Municipalities (PDF)
A. Ballard. Access Living of Metropolitan Chicago. n.d.

This 18-slide presentation defines barriers to housing for people with disabilities and provides solutions.
“Affirmatively Further Fair Housing: California’s Response to a Changing Federal Landscape” R. Williams. Journal of Affordable Housing & Community Development Law 28(3): 387-396. 2019.

America’s Formerly Redlined Neighborhoods Have Changed, and So Must Solutions to Rectify Them
(Links to page with button for free PDF download.)
A.M. Perry & D. Harshbarger. Brookings. 2019. 20 pp.

The population currently living in what were once HOLC “redlined” neighborhoods is majority-BIPOC but not majority-Black, and, contrary to conventional perceptions, Black residents also do not form a plurality in these areas overall.

Antisubordination Planning
(Links to page with full-text download.)
J. Steil. Journal of Planning Education and Research. 2018. “Beyond People Versus Place: A Place-Conscious Framework for Investing in Housing and Neighborhoods”
M.A. Turner. Housing Policy Debate 27(2), 306-314. 2017.

This paper offers five principles for ongoing experimentation and knowledge building: (a) develop citywide strategies that promote both inclusion and redevelopment; (b) anticipate and plan for residential mobility and neighborhood change; (c) connect residents of poor neighborhoods to city and regional opportunities; (d) capitalize on the coming rental housing boom; and (e) use data for continuous learning and accountability.

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Building a National Narrative of Anti-Displacement Strategies: Key Takeaways From SPARCCC Regions Cash, Anna, et al. Urban Displacement Project. University of California, Berkeley.

This article reviews recent gentrification and displacement literature, outlines the need for a broader neighborhood change narrative that acknowledges the role of cultural and political displacement as well as neighborhood decline in perpetuating diverse impacts in vulnerable communities. The article presents cross-site themes that emerged during site visits in dialogue with recent literature and policy initiatives focused on investment and disinvestment driven displacement, race and displacement, access to resources in communities receiving displaced residents, and the impact of climate change on neighborhoods. Finally, the article draws upon lessons from the sites to offer a national narrative of anti-displacement approaches for action across local, regional, state, and national levels.

Creating Moves to Opportunity: Experimental Evidence on Barriers to Neighborhood Choice (PDF)
P. Bergman, R. Chetty, S. DeLuca, N. Hendren, L. F. Katz, & C. Palmer. 2020. 97 pp.

The authors conclude that redesigning affordable housing policies to provide customized assistance in a housing search could reduce residential segregation and increase upward mobility substantially.

Developing Opportunity: Innovative Models for Strategic Housing Acquisition (PDF) P. Kye, M. Mouton & M. Haberle. Poverty & Race Research Action Council. 2018. 26 pp.

New initiatives provide pathways to mobility and create affordable housing by acquiring existing market-rate housing in areas of high opportunity. Authors detail programs and provide examples from Baltimore, Dallas, Chicago, and King County, Washington.

Disparate Impact and an Antisubordination Approach to Civil Rights and Urban Policy (PDF) J. Steil. Poverty & Race 28(2). 2019.

The Effects of the 1930s HOLC "Redlining" Maps
D. Aaronson, D. Hartley & B. Mazumder. Federal Reserve Bank of Chicago. 2020. 100 pp.

This working paper, begun in 2017 and revised in 2020, examines “the effects of the 1930s-era HOLC ‘redlining’ maps on the long-run trajectories of neighborhoods.” Fair Housing in Jeopardy: Trump Administration Undermines Critical Tools for Achieving Racial Equity (PDF)
National Fair Housing Alliance. 2020. 87 pp.

Annual Fair Housing Trends report.

Forced Relocation and Residential Instability Among Urban Renters.

Desmond, M., Gershenson, C., & B. Kiviat. Social Science Review 89(2). 237-262. 2015.

From the abstract: This article reveals mechanisms of residential mobility among low-income renters, identifies previously undocumented consequences of forced displacement, and develops a more comprehensive model of residential instability and urban inequality.

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The Geography of Inequality: How Land Use Regulation Produces Segregation (PDF) J. Trounstine. American Political Science Review 114(2): 443-455. 2020.

From the abstract: “I provide evidence that more stringent land use regulations are supported by whiter communities and that they preserve racial homogeneity.” Home Equity: A Vision of Housing Security, Health and Opportunity (PDF) Colorado Health Institute. 2019. 56 pp.

This paper explores the interdependence of health outcomes; healthful, quality housing; and access to better schools, jobs, and other opportunities. It offers multiple strategies for change.

HUD’s Affirmatively Furthering Fair Housing Rule: A Contribution and Challenge to Equity Planning for Mixed Income Communities (PDF)
K.M. O’Regan & K. Zimmerman. Case Western Reserve University. 2020. 23 pp.

From the abstract: “This essay explains the framework and theory behind the rule, and how a rule aimed at overcoming racial segregation can support the creation and preservation of mixed-income communities. …We conclude with a discussion of implications for action (or at least attention) with respect to the rule, particularly with respect to mixed-income strategies.” Making Every Neighborhood a Place of Opportunity: 2018 Fair Housing Trends Report (PDF) Shanti Abdein et al. National Fair Housing Alliance. 2018. 100 pp.

From the abstract: “If everyone had access to affordable housing, fair credit, a good school, healthy food, a decent job, green space, and quality health care, how would our nation and our economy look then? How do we ensure that future generations of all backgrounds live in neighborhoods rich with opportunity? Fair housing.”
Neighborhoods for All: Expanding Housing Opportunity in Seattle’s Single-Family Zones (PDF)
City of Seattle, Planning Commission. 2018. 52 pp.

This white paper presents Seattle’s strategies for increasing access to affordable housing, transportation, and jobs for those living outside of the urban core.

A Place-Conscious Approach Can Strengthen Integrated Strategies in Poor Neighborhoods M.A. Turner. Brookings. 2015. 7 pp.

This short article is the forerunner of Turner’s Housing Policy Debate piece, above.

Place and Opportunity: Using Federal Fair Housing Data to Examine Opportunity across US Regions and Populations (PDF)
R. Gourevitch, S. Greene, and R. Pendall. Urban Institute. 2018. 24 pp.

This research brief highlights new connections between place and access to opportunity across regions and populations. The authors analyze data on neighborhood-level exposure to opportunity that the U.S. Department of Housing and Urban Development originally released in 2015 to help local communities reduce segregation and comply with the Fair Housing Act.

Pricing Roads, Advancing Equity (PDF)
TransForm. 2019. 64 pp.

Fair housing and access to opportunity are advanced when efficient, affordable transportation is available.

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Promoting Opportunity through Equitable Transit-Oriented Development (eTOD): Navigating Federal Transportation Policy (PDF)
A. Abu-Khalaf. Enterprise Community Partners. 2018. 28 pp.

This report provides stakeholders involved in achieving eTOD guidance on understanding and benefitting from federal transportation policies and programs.

Promoting Opportunity through Equitable Transit-Oriented Development (eTOD): Barriers to Success and Best Practices for Implementation
(Links to page where full-text article is available via the Open Resource button.) M. Spotts. Enterprise Community Partners. 2015. 74 pp.

This report demonstrates that numerous barriers inhibit low- and moderate-income families’ ability to find housing in communities with access to robust, multi-modal transportation options. The report also makes recommendations for overcoming those barriers and highlights numerous best practices from regions across the U.S.

Promoting Opportunity through Equitable Transit-Oriented Development (eTOD): Making the Case
(Links to page where full-text article is available via the Open Resource button.) J. Hersey & M. Spotts. Enterprise Community Partners. 2015. 21 pp.

Equitable transit-oriented development (eTOD) is one tool to ensure that high-opportunity neighborhoods are inclusive despite the property value increases that often result from such investments.

Racial Disparities in Home Appreciation: Implications of the Racially Segmented Housing Market for African Americans’ Equity Building and the Enforcement of Fair Housing Policies M. Zonta. Center for American Progress. 2019. 39 pp.
“Segregation and racial disparities in home appreciation put African Americans at a disadvantage in their ability to build equity and accumulate wealth.”
Removing Barriers to Accessing High-Productivity Places (PDF) D. Shoag. The Hamilton Project: Policy Proposal 2019-02. 2019. 30 pp.

Workers without a college education are moving away from the places that offer them the highest wages and their children the best later-life outcomes. The author offers strategies that policymakers at various levels of government can use to combat this relatively new problem, including case studies of cities that have successfully expanded access at the local level.

Segregation and Neighborhood Health
J. Richardson et al. NCRC. 2020. 50 pp.
“This report examined [historically] redlined areas and how they are associated with adverse public health outcomes for a range of diseases and conditions that make people particularly susceptible to the worst effects of COVID-19.”

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Packet Pg. 716 Attachment: Affirmatively Furthering Fair Housing Guidebook (6th Cycle - 2021-2029 - San Jacinto Housing Element) 92 California Department of Housing and Community Development Affirmatively Furthering Fair Housing
Supply Skepticism: Housing Supply and Affordability
Been, V., Ingrid, E., & K. O’Regan. Housing Policy Debate 29(1), 25-40. 2019.

From the abstract: “Growing numbers of affordable housing advocates and community members are questioning the premise that increasing the supply of market-rate housing will result in housing that is more affordable. This article is meant to bridge the divide, addressing each of the key arguments supply skeptics make and reviewing what research has shown about housing supply and its effect on affordability.”
“Survival of the Fairest: Examining HUD Reviews of Assessments of Fair Housing” J.P. Steil & N. Kelly. Housing Policy Debate 29(5), 736-751. 2019.

From the abstract: “Our analysis shows that HUD engaged in detailed reviews of municipalities’ Assessments of Fair Housing and provided constructive feedback. The most common issues with which municipalities struggled were setting realistic goals that would actually advance fair housing and creating measurable metrics and milestones to gauge progress.” What Would It Take to Ensure Quality, Affordable Housing for All in Communities of Opportunity? (PDF) M.A. Turner, S. Greene, C. P. Scally, K. Reynolds & J. Choi. Urban Institute. 2019. 40 pp.

If everyone could afford quality housing, and every neighborhood offered a diversity of housing options, people up and down the income ladder could enjoy housing security and build wealth through homeownership. Achieving this calls for bold action at all levels of government and in the private and nonprofit sectors.

4.1.h
Packet Pg. 717 Attachment: Affirmatively Furthering Fair Housing Guidebook (6th Cycle - 2021-2029 - San Jacinto Housing Element)

4.1.h
Packet Pg. 718 Attachment: Affirmatively Furthering Fair Housing Guidebook (6th Cycle - 2021-2029 - San Jacinto Housing Element) Housing & Community Development
2020 W. El Camino Avenue | Sacramento, CA 95833
Phone: 916-743-2244
State Housing and Community Development Department | Housing Policy Division

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Packet Pg. 719 Attachment: Affirmatively Furthering Fair Housing Guidebook (6th Cycle - 2021-2029 - San Jacinto Housing Element) February 1, 2022
TO: City Council
REQUESTED BY: Travis Randel, Community Development Director APPROVED BY: Robert A. Johnson, City Manager
SUBJECT: CDBG Application Submittal
RECOMMENDATION:

1. AUTHORIZE the City Manager to submit an application to the Riverside County Department of Housing Homelessness Prevention & Workforce Solutions (HHPWS) for a two (2) year Community Development Block Grant (CDBG) allocation for the Mistletoe Park Restroom Facility Improvement Project; and,

2. APPROVE and AUTHORIZE the City Manager to submit a CDBG application for the Voices for Children Riverside County Court Appointed Special Advocate Project for the requested amount of $10,000, subject to the conditions of the CDBG program as provided by the Riverside County Department of Housing Homelessness Prevention & Workforce Solutions Program.

DISCUSSION:

The County of Riverside (County) receives CDBG funds as a qualified urban county under the U.S. Department of Housing and Urban Development’s (HUD) CDBG Program. The County, through the Housing, Homelessness Prevention & Workforce Solution (HHPWS), distributes the CDBG funds through its Urban County Program to cooperating cities like the City of San Jacinto.

The CDBG Program brings federal dollars to local communities for the purpose of assisting low and moderate income residents through public services, infrastructure improvements, economic development programs, and the elimination of slums and blight. Funds are allocated through a complex formula based in part on total population and the total number of low and moderate income households within each participating city. To be eligible for CDBG funding, a program or project must meet at least one of the three national objectives:
 Activities benefitting low and moderate income persons/households  Activities which aid in the prevention or elimination of slums or blight  Activities designated to meet community needs having a particular urgency As a Cooperating City, City programs and/or projects must also meet the eligibility requirements of the HHPWS’s CDBG Program:
 Serve persons or communities within the County’s Urban County area  Be an eligible activity under CDBG regulations
 Meet a National Objective of the CDBG program

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While the CDBG Program allows for funding of public services, the Program does not require any specific amount of funds be utilized for public service programs. However, it does not allow more than 15% of the total allocation to be utilized for public service programs with the balance of funds being allocated to public facilities and economic development programs. On the other hand, the CDBG program does allow local jurisdictions to utilize 100% of their allocation for public facilities projects at the discretion of the local governing board.

In the past, the City split its CDBG allocation between public service programs, public facilities projects and code enforcement. Previous funds have been used to address inadequate curb, gutter and sidewalk; streets requiring pavement rehabilitation; provided for targeted code enforcement; and the San Jacinto Public Library Parking Improvement Project; all of which are located within the downtown census tracts. Most recently, the City submitted a multi-year application for Program Years 20-21 and 21-22 to concentrate funds for the San Jacinto Street Pavement and Sidewalk Improvement Project, which is currently underway.

As part of the County’s cooperating cities application process, the City is required to publicly notice the opening of the City’s application cycle and reference the Notice of Funding Availability (NOFA) for the County of Riverside’s 2022-2023 Urban County CDBG program for Cooperating Cities. Cities can decide to fund only internal city-administered projects, external subrecipient projects, or a combination of the two.

In response to the City’s public notice, one external application was received from the organization, Voices for Children, for its project, the Riverside County Court Appointed Special Advocate program. Voices for Children is requesting $10,000 in funding, which will fund a portion of the salaries and benefits for one of the Voices for Children’s staff Advocacy Supervisors. This will allow for organization to provide direct services to five (5) San Jacinto youths that are in foster care.

The mission of Voices for Children’s Riverside County CASA program is to transform the lives of abused, abandoned, or neglected children by providing them with trained volunteers, called CASAs, who provide a single child or sibling group with comprehensive, individualized advocacy in court and in the community. The organization has received CDBG funding from the County of Riverside, City of Moreno Valley, City of Corona, City of Riverside, City of Hemet, and City of Temecula (all currently providing funding for fiscal year 2021-2022).

Staff has reviewed the proposal and determined that it meets the objectives of the CDBG program and is recommending the requested allocation, $10,000, be approved by the City Council.

Staff also recommends that the City submit a multi-year application to the HHPWS requesting a two (2) year allocation totaling the amount of approximately $480,000 for the Mistletoe Park Restroom Facility Improvement Project. The City’s approximate available allocation for two years is $520,000.

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The application submitted for the Mistletoe Park Restroom Facility Improvement Project will consist of removing/replacing the existing restroom facility, and installation of a new restroom facility that conforms with current ADA accessibility standards and requirements.

FISCAL IMPACT:

The cost of the Mistletoe Park Restroom Facility Improvement Project is estimated at $480,000, which covers engineering plans/inspection, design, demolition, construction, and other soft costs.

If the application is accepted and approved by the County, the project will be funded entirely by the City’s CDBG allocation. This project is not expected to have any impact on the General Fund.

The Voices for Children funding request of $10,000 will be funded entirely by the City’s remaining CDBG allocation. This project is not expected to have any impact on the General Fund.

ATTACHMENTS:

Voices for Children Application

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