TO: HONORABLE MAYOR FROM: Rosalynn Hughey
AND CITY COUNCIL Nanci Klein
Chris Burton
SUBJECT: HOUSING CATALYST TEAM DATE: August 17, 2023
WORK PLAN STATUS REPORT
Approved Date
8/18/23
REASON FOR SUPPLEMENTAL
This supplemental memorandum includes the comments and recommendations of the Housing and Community Development Commission (“Commission”) from its August 10, 2023, meeting, and describes further refinements made by staff to the Housing Catalyst Team Work Plan (work plan) subsequent to the June 26, 2023 Community and Economic Development Committee Meeting.
ANALYSIS
As described further below, Attachment A, is intended as an updated replacement to the version of the work plan included in the report to the Community and Economic Development Committee on June 26, 2023.
Further Revisions to Work Plan
Following the June 26, 2023, Community and Economic Development Committee Meeting, staff revised the work plan in Attachment A after further review and discussion among the Housing Catalyst Team members on start dates for near-term work items. Additional items from the adopted Housing Element were included in the work plan, and the timelines of some items were adjusted to best reflect the planned completion timing. The added items and their numeric references from the work plan and the Housing Element (in parentheses) are:
• Item #24 (I-19) Reasonable accommodation ordinance
• Item #25 (N-1) Equitable Neighborhoods-based Investment and Outreach • Item #5 (P-1) Align Zoning with the General Plan
• Item #29 (P-4) Affordable Housing Tools for North San José • Item #34 (P-38) Adequate Sites Rezoning
• Item #36 (P-42) Group Homes Zoning Code Updates
• Item #35 (P-46) Rezoning Program for Low-Income Sites Inventory COUNCIL AGENDA: 8/22/23
FILE: 23-1095
ITEM: 8.1
HONORABLE MAYOR AND CITY COUNCIL
August 17, 2023
Subject: Housing Catalyst Team Work Plan Status Report
• Item #17 (R-2) Preservation Notice of Funding Availability • Item #39 (R-9) Preservation Policy
• Item #41 (S-4) Updated Relocation Assistance
• Item #14 (S-12) Eviction Prevention Programs
• Item #42 (S-23) Know Your Rights Materials and Outreach
Impact and Level of Effort Measurements
As indicated in the report to the Community and Economic Development Committee, staff worked in July to further define measurements for the potential impact of work items and to estimate the level of effort required to complete the work. These measurements have been added to the work plan in Attachment A and the definitions of the measurements are included in Attachment B. While the work items are not strictly prioritized based on these measurements, they are intended to provide additional information and context to the public and City Council.
Additionally, these factors will be used by staff as it evaluates the most effective sequence of initiating new work in the future.
COMMISSION RECOMMENDATION AND INPUT
On August 10, 2023, the Commission heard the Housing Catalyst Work Plan as a regularly agendized item. The Commission discussed the item and provided the following comments on selected items:
• Item #9 (P-26) Accessory Dwelling Unit (ADU) Amnesty program – A question was raised about the timeline of the amnesty program. Staff provided an update on the timeline anticipating relaunch of the program by June 2024 and provided further background explaining the work done to date on the program. • Item #11 (R-13) Soft Story Program – A question was raised regarding the definition of “soft story” programs. Staff provided clarification that the program would apply to apartment buildings that have a soft story on the ground floor, not to all rental properties throughout the City.
• Item #13 (P-3) North San José Affordable Housing Overlay – The Commission wanted to understand how the new housing overlays would work given the industrial nature of the area. Staff explained that this overlay will allow housing at varying income levels on specific sites identified in the Housing Element for future housing development. • Item #16 (S-28) Right to Counsel or Alternative – A question was raised regarding the scope of this item. Staff clarified that this item is to initiate a study to look at a right to counsel and other alternative programs that would resolve evictions. Staff also clarified that a right to counsel program would provide legal representation for tenants facing eviction.
HONORABLE MAYOR AND CITY COUNCIL
August 17, 2023
Subject: Housing Catalyst Team Work Plan Status Report
• Item #18 (R-6) Mobilehome Park General Plan Designation for Remaining 56 mobilehome parks – Staff provided an update on the timeline for implementation of this work. These actions will change the existing General Plan land use designation of these parks to a Mobile Home Park land use designation and, as needed, zoning district. Staff will bring the 13 parks identified as most at risk to City Council in fall 2023 as part of the annual General Plan Review hearing cycle. All of the remaining parks without a Mobile Home Park land use designation will go to City Council in spring 2024. • Item #20 (S-20) Anti-Displacement Tenant Preferences – Staff clarified how the proposed tenant preferences would improve the chances that applicants who meet the preference criteria can access new affordable housing throughout San José.
The Commission expressed general support for the Housing Catalyst Work Plan and did not take any formal action on this item.
/s/
ROSALYNN HUGHEY
Deputy City Manager and
Acting Housing Director
of Housing
/s/
NANCI KLEIN
Director of
Economic Development and
Cultural Affairs
/s/
CHRIS BURTON
Director, Planning,
Building and Code
Enforcement
For questions, please contact Jerad Ferguson, Principal Planner, at [email protected] or (669) 223-1160.
ATTACHMENT A: Housing Catalyst Team Work Plan (updated August 2023) ATTACHMENT B: Impact and Level of Effort Definitions
Attachment A
Housing Catalyst Team Work Plan (updated August 2023)
Number
(Housing
Element #) Work Items Underway Next Step / Milestones Lead Department
Planned
Completion Impact
Level
of
Effort
1 (H-11)
***
Feedback from those with lived experience in
homelessness in decision making – Create
additional feedback mechanisms for clients with
lived experience of homelessness, integrate
requirements into City-funded contracts for grantees
to create feedback mechanisms, and work with the
Lived Experience Advisory Board to evaluate key
City-funded services and initiatives.
July 2024: Identify universe of
applicable contracts and timeline
for renewals.
Housing December
2025 Medium Moderate
2 (I-10)
***
Lived Experience with Homelessness seat on
Commission – Continue to support the primary and
alternate seats for a commissioner with Lived
Experience Seat with homelessness on the Housing
and Community Development Commission.
Evaluate program and process 12 months after seat
is filled and implement recommended improvements
to support the commissioners.
February 2024: Conduct
confidential evaluation
Spring 2024: Implement
identified improvements
Housing July 2024 Low Low
3 (I-14)
Assessment of Fair Housing Plan - Complete the
Assessment of Fair Housing Plan and include
implementation actions in the Housing Catalyst
Team Work Plan.
Fall 2023: Complete draft Plan
and seek approvals by HCDC and
City Council
By end 2023: Submit to HUD
Housing Fall 2023 Legally
Required Moderate
4 (I-15)
Housing Catalyst Team Work Plan – Create a
webpage on City’s website for work plan and
updates for transparency to the public.
Summer 2023: Launch updated
webpage for workplan.
PBCE,
Housing,
OEDCA
Fall 2023 Low Low
5 (P-1)
*
Align Zoning with the General Plan – Align
zoning with General Plan designations for all sites
Early 2024: Council approval of
zoning changes. PBCE April 2024 Legally
Required High
Key: *Production
**Preservation
***Protection
Number
(Housing
Element #) Work Items Underway Next Step / Milestones Lead Department
Planned
Completion Impact
Level
of
Effort
planned for housing by April 2024 to meet state law
requirements.
6 (P-10)
*
Standardize and streamline permitting, fees,
applications – Standardize fees through the
Development Fee Framework and create webpage
with development-related fees and taxes with a staff
contact.
Fall 2023: Create initial webpage. OEDCA,
PBCE Fall 2024 High High
7 (P-11)
*
Explore Allowing “SB 9” Type Housing on
Additional Properties – Examine allowing “SB 9-
type” projects on properties zoned R-2 Two Family
and properties listed on the Historic Resources
Inventory.
April 2024: Seek Council
approval of zoning code
amendment and design
PBCE Spring 2024 Low Moderate
8 (P-12)
*
Cost of Residential Development Study update –
Conduct analysis every 2-3 years and present to the
City Council on the Cost of Residential
Development. Report will help inform constraints on
the production of housing in San José.
October 2023: Hold initial Study
Session on cost of housing
development and process
OEDCA,
PBCE,
Housing
Ongoing Moderate High
9 (P-26)
*
Accessory Dwelling Unit (ADU) Amnesty
program – Resume the ADU Amnesty program to
incentivize homeowners to legalize their
unpermitted ADUs that meet or will meet code
requirements.
July 2024: Release program PBCE Fall 2024 Low Low
10 (P-6)
*
Regular Coordination Meetings for Affordable
Housing – Continue regular meetings to coordinate
construction related permits post-entitlement for
affordable housing.
Monthly: Hold interdepartmental
meetings
OEDCA,
PBCE,
Housing,
PW, Fire
Ongoing Moderate Moderate
11 (R-13)
Soft Story program - Develop a 'soft story' seismic
mitigation ordinance for older multifamily buildings.
Create an implementation process and incentive
Summer / fall 2023: Conduct
outreach
PBCE, OES,
Housing Fall 2024 High High
Number
(Housing
Element #) Work Items Underway Next Step / Milestones Lead Department
Planned
Completion Impact
Level
of
Effort
**
retrofit program that increases renters' safety and
considers equity issues for lower-income renters,
minimizing their risk of displacement as a result of
construction and rent increases.
End 2023: Seek commissions’
and City Council approval of
program
2024: Begin implementation,
including rebate program
12 (N-2)
**
Urban Village Plans with anti-displacement
features – Complete Five Wounds Urban Village
Plan updates to prepare for BART station. Identify
and integrate residential and small business
displacement features. Use these features in other
future Urban Village plans.
Fall 2023: Identify draft
residential and small business
displacement features
PBCE,
OEDCA,
Housing
Spring 2024 TBD Moderate
13 (P-3)
*
North San José Affordable Housing Overlay
Zones – Create new Affordable Housing Overlay
Zones in North San José that support only industrial
uses, 100% affordable housing, or market-rate
housing that integrates affordable units into their
developments for sites identified in the Housing
Element.
Fall 2023: Bring Ordinance and
General Plan changes to City
Council for adoption
PBCE January
2024 High Moderate
14 (S-12)
***
Eviction Prevention Programs – Operate the
Eviction Diversion Program located at the County
Courthouse, identify additional funding to continue
operations and augment rental assistance, explore
conversion of the program to a Housing
Collaborative Court model, and increase funding to
nonprofit legal organizations to provide eviction
counseling and defense.
Winter 2024: Identify additional
sources of funding for FY 2024-
25 and 2025-26 operations and
pursue additional State and
federal earmarks.
2025: Determine if program
conversion is viable in near-term
Housing End 2025 Moderate Moderate
15 (S-29)
***
Rent Stabilization Program Strategic Plan and
Program Assessment – Complete a Strategic Plan
for the Rent Stabilization Program and assess the
efficacy of the program in meeting its goals to
protect and stabilize tenants’ housing. Include
Summer 2023: Complete
outreach, program assessment and
Strategic Plan with consultant.
Fall 2023: Present Strategic Plan
to City Council
Housing Spring 2026 High Moderate
Number
(Housing
Element #) Work Items Underway Next Step / Milestones Lead Department
Planned
Completion Impact
Level
of
Effort
examination of the Program’s effectiveness at
helping to prevent Unlawful Detainers and
preventing evictions. Evaluate the City’s current
Apartment Rent Ordinance and consider possible
amendments if data so indicates.
2024-25: Collect and analyze data
2025-26: Conduct outreach with
stakeholders on any resulting
recommendations
16 (S-28)
***
Right to Counsel or Alternative – Issue RFP and
select consultant to study costs and benefits of a
right to counsel program and other court intervention
alternatives and to identify necessary legal,
financial, and other resources. Evaluate program
options and seek City Council approval of a feasible
program.
Fall 2023: Issue RFP for
consultant study
Winter 2024: Select and hire
consultant
2023-2024: Collaborate with Bay
Area Finance Authority on
protections policy events.
2025: Report back and propose
program for City Council
approval, if feasible
Housing Fall 2026 Moderate Moderate
17 (R-2)
**
Preservation Notice of Funding Availability
(NOFA) – Issue regular NOFAs with an average of
at least $5 million to fund acquisition/ rehabilitation transactions, including community land trusts and
other alternative ownership models.
2023: Issue first NOFA
2024: Bring awardee(s) to City
Council for approval.
Housing Winter 2024 Moderate Moderate
18 (R-6)
**
Mobilehome Park General Plan designation for
remaining 56 mobilehome parks – Apply the
Mobilehome Park Land Use Designation through
City-initiated General Plan Amendments to the
remaining 56 mobilehome parks.
Fall 2023: General Plan
Amendments to City Council and
Planning Commission for 13
parks most at risk for
development.
PBCE Spring 2024 Low Moderate
19 (P-15)
*
Moderate-income Housing Strategy - Complete
study and implement Council-approved strategy to
further rental and homeownership opportunities for
moderate-income residents.
Spring 2024: Update CEDC on
initial research/findings
Through spring 2025: Work
with consultant to finalize
Strategy and develop
recommendations
Housing,
PBCE
Summer
2025 TBD Moderate
Number
(Housing
Element #) Work Items Underway Next Step / Milestones Lead Department
Planned
Completion Impact
Level
of
Effort
By August 2025: Seek
Commission, CEDC and Council
approval of strategy.
20 (S-20)
***
Anti-displacement tenant preferences – Develop
fair-housing compliant tenant preferences for this
population. Seek Council approval for two tenant
preferences: an Anti-Displacement Tenant
preference, and a Neighborhood Tenant preference.
Summer 2023: Complete
disparate impact analysis for two
proposed preferences, complete
program proposal, and conduct
stakeholder and community
outreach on proposed preferences
Fall 2023: Review of program
proposal by HCDC, CEDC and
City Council
Winter 2024: Program
implementation
Housing Winter 2024 High High
WORK ITEMS TO BE INITIATED
Number
(Housing
Element #) Work Items to Be Initiated Outcome
Lead
Department
Planned
Initiation Impact Level of
Effort
21 (H-14)
*
Emergency Shelters – Update the Zoning Code to
identify additional zones, in addition to Combined
Industrial Commercial (CIC), where emergency
shelters are permitted by right. Review and ensure
compliance with the requirements of Government
Code Section 65583 (AB 2339). Conduct outreach
to homeless shelter providers to determine additional
process changes that the City can incorporate to
further facilitate emergency interim housing and
homeless shelters.
Council approval of Zoning Code
changes.
PBCE,
Housing Fall 2023 Legally
Required Moderate
22 (S-10)
***
Study on rent increases and burden in affordable
housing - Research how rent increases in the City's
restricted affordable apartments have been
implemented over the last five years to inform
proposed state legislation and/or City policy.
Council acceptance of
presentation of findings and staff
informs advocacy for state
legislation. Housing Winter 2024 TBD Moderate
23 (I-
3)
*
Farmworker Housing - Update the City's Zoning
Code to make clarifications about farmworker
housing to comply with state law.
Council approval of Zoning Code
changes. PBCE Fall 2023 Legally
Required Low
24 (I-19)
*
Reasonable Accommodation – Update the
Reasonable Accommodation ordinance to streamline
the review process, provide clarity, and ensure
consistency with law. Publicize the process
availability to the public on the City’s website in
English plus top three languages.
Outreach meetings conducted,
Council approval of Ordinance
changes, and City website
updated. PBCE Summer
2024
Legally
Required Low
25 (N-1)
**
Equitable Neighborhood-based Investment
Strategies – Focus the City’s investments to
increase equity in racially/ethnically concentrated
neighborhoods with extremely low incomes by
engaging community members and seeking a
First phase: Outreach meetings
conducted and Council approval
of Consolidated Plan. Housing Fall 2023 Moderate High
Number
(Housing
Element #) Work Items to Be Initiated Outcome
Lead
Department
Planned
Initiation Impact Level of
Effort
common data-informed approach across City
initiatives. Engage residents in these neighborhoods
to identify their investment priorities, use this
information to inform the City’s forthcoming 2025-
2030 Consolidated Plan for the use of federal fund
from HUD, and prioritize use of CDBG funds to
these place-based investments. Align City data
indicators to the extent possible, identify resources
and amenities that residents want in these
neighborhoods, conduct further research, and
identify new funding sources for identified needs.
26 (N-4)
**
Preservation and Community Development
Capacity Building - Establish programs to provide
capacity building and technical assistance to
community-based nonprofit organizations to engage
in grassroots community preservation and
development activities. Preservation activities
include acquisition and rehabilitation of existing
low-cost housing, alternative community ownership
models, community stakeholder engagement, and
prevention of displacement of community small
businesses.
Capacity-building Notice of
Funding Availability released and
grants awarded to nonprofits.
Housing,
OEDCA Fall 2023 TBD Moderate
27 (N-7)
*
External infrastructure funding to create
complete, high-quality living environments –
Continue to seek external funding for parks,
transportation, and other types of neighborhood
infrastructure that favor cities with a demonstrated
commitment to building affordable housing. Pilot
investments funded by CDBG coordinated across
City departments.
Pilot funding implemented and
future work program created.
Housing,
DOT, PW,
OEDCA,
PRNS
Fall 2023 TBD Moderate
Number
(Housing
Element #) Work Items to Be Initiated Outcome
Lead
Department
Planned
Initiation Impact Level of
Effort
28 (S-1)
***
Tenant Resource Centers and violations
reporting – Incorporate Code Enforcement and
Apartment Rent Ordinance violation reporting
procedures as part of expanded tenant resource
centers, including allowing tenant associations to
report violations. Assist residents with filing
complaints.
Regular meetings held between
Rent Stabilization Program and
Code Enforcement to coordinate
and train staff, and sources of
funding identified for continued
operation of tenant resource
centers.
Housing,
PBCE Winter 2024 High High
29 (P-4)
*
Affordable Housing Tools for North San José –
Procure consulting assistance to analyze programs
and tools to incent creation of affordable homes,
including analyzing an area-wide Density Bonus,
then create an Affordable Housing Implementation
Plan for North San José.
Council approval of new tools to
help ensure 20% affordable
housing production. Housing,
PBCE Winter 2024 High Moderate
30 (P-7)
*
City Ministerial Infill Approval Ordinance –
Adopt and implement a City ministerial approval
process for infill housing development that meets
development standards without a public hearing for
projects that include deed-restricted affordable units
on site.
Council approval of ordinance.
PBCE Spring 2024 High High
31 (P-13)
**
Replacement of Existing Affordable Units –
Develop a policy for City Council consideration to
expand and make permanent the current State
requirements for replacement housing to mitigate the
loss of affordable housing units by requiring new
housing developments to replace all affordable
housing units lost due to new development.
Council approval of policy.
Housing,
PBCE Spring 2024 Moderate Moderate
32 (P-14)
*
Housing in Business Corridors – Update Zoning
Code to allow housing in three Neighborhood
Business Districts appropriate for housing (13
th
Street, Japantown, and Willow Glen).
Council adoption of Zoning Code
Amendments.
PBCE Spring 2024 High Moderate
Number
(Housing
Element #) Work Items to Be Initiated Outcome
Lead
Department
Planned
Initiation Impact Level of
Effort
33 (P-30)
*
Updated feasibility study for Commercial
Linkage Fee – Initiate an updated feasibility
analysis, as directed by City Council, to assess fee
levels based on market conditions including a
geographic analysis.
Completed feasibility study and
presentation of findings to City
Council. Housing,
OEDCA TBD TBD Moderate
34 (P-38)
*
Adequate Sites Zoning for Lower-Income
Households from Previous Housing Element
Cycles – By January 31, 2024, rezone sites to allow
by-right development for projects including at least
20% affordable units for lower-income households
in accordance with State law.
Council adoption of zoning
amendments.
PBCE Fall 2023 Legally
Required Moderate
35 (P-46)
*
Rezoning Program for Shortfall, Low-income
Sites – The City will rezone sites identified in the
Housing Element Sites Inventory as required by
State law.
Council adoption of necessary
rezonings.
PBCE Fall 2023 Legally
Required Moderate
36 (P-42)
*
Group Homes Zoning Code Updates – Update the
Group Homes Zoning Code to ensure group homes
serving seven or more persons to are subject only to
the same laws that apply to all single-family homes.
Council adoption of Zoning Code
Amendments.
PBCE Summer
2024
Legally
Required Low
37 (P-43)
*
Update City Density Bonus Ordinance – Review
and, if necessary, update City Density Bonus
Ordinance to be consistent with current State
Density Bonus Law.
Council approval of any
necessary changes.
PBCE Spring 2024 Legally
Required Moderate
38 (R-1)
**
Monitor At-Risk Affordable Units – Secure
consulting assistance to proactively assess, monitor,
and reach out to owners of affordable units at-risk of
losing ability restrictions.
Coordination with property
owners and exploration of
funding sources to preserve
affordability.
Housing Spring 2024 High Low
39 (R-9)
Preservation Policy – Create a community-
informed Preservation Policy for City Council
Council approval of policy. Housing Summer
2024 Low Low
Number
(Housing
Element #) Work Items to Be Initiated Outcome
Lead
Department
Planned
Initiation Impact Level of
Effort
** consideration to inform programs, resources, and
policy.
40 (R-12)
**
Revised Anti-Displacement Strategy – Update the
current Anti-Displacement Strategy approved by the
City Council in 2020 to integrate preservation
activities and remove completed priorities.
Council approval of revised
strategy.
Housing Spring 2024 TBD Moderate
41 (S-4)
***
Updated Relocation Assistance – Update the City’s
municipal code to ensure that compensation given to
residents for different events displacing them from
their rental housing are sufficient, consistent,
matches or exceeds State requirements, and easily
able to be updated to changing market conditions.
Council approval of revisions to
Municipal Code.
Housing,
PBCE Spring 2024 Moderate Moderate
42 (S-23)
***
Know Your Rights Materials and Outreach –
Create basic Know Your Rights and Responsibilities
materials for housing providers and renters in
multiple languages with accessibly vocabulary,
pictures and infographics, and create an outreach
strategy to share this information widely. Identify
ongoing funding for future updates and outreach.
Materials created, outreach
conducted, and periodic updates
made.
Housing Spring 2024 Moderate Moderate
Attachment B
Impact and Level of Effort Definitions
Impact:
High Impact:
• Expected to enable production of 100+ market-rate or affordable housing units annually; OR • Expected to result in the preservation of 20+ affordable housing units annually; OR • Expected to result in significant time and/or cost savings for development. • Expected to increase eviction protection, housing stability, and/or housing safety for 1,000s of households Moderate Impact:
• Expected to enable production of 50-100 market-rate or affordable housing units annually; OR • May result in the preservation of 10-20 affordable housing units annually; OR • May result in time and/or cost savings for market-rate or affordable housing units • Expected to increase eviction protection, housing stability, and/or housing safety for 100s of households
Low Impact:
• Unlikely to result in the creation of new market-rate or affordable units; OR • Expected to result in the production of 50 or less housing units annually; OR • Unlikely to result in the preservation of affordable housing units; OR • Unlikely to result in any notable increase in eviction protection, housing stability and/or housing safety for a significant number of households
Impact TBD:
• Not enough work has been done on the item to understand its full impact, so no determination can yet be made
Legally Required:
• City is required to complete work due to state or federal rules/law
Level of Effort:
High Effort:
• Significant staff time and resources that may require a multi-year effort
Moderate Effort:
• Moderate staff time and resources required and less than 12 months to complete
Low Effort:
• Minimal staff time required to complete