Att 1 - Draft City Council Resolution - Housing Element Adoption

1 CITY OF SAN MATEO
RESOLUTION NO. ____ (2024)
ADOPTING A GENERAL PLAN AMENDMENT TO REPEAL THE PREVIOUSLY ADOPTED 2023-2031 HOUSING ELEMENT AND ADOPT THE REVISED HOUSING ELEMENT OF THE GENERAL PLAN FOR THE PERIOD OF 2023- 2031
WHEREAS, the legislature has found that, “California has a housing supply and affordability crisis of historic proportions. The consequences of failing to effectively and aggressively confront this crisis are hurting millions of Californians, robbing future generations of the chance to call California home, stifling economic opportunities for workers and businesses, worsening poverty and homelessness, and undermining the state’s environmental and climate objectives.” (Govt. §65589.5); and WHEREAS, the legislature has further found that, “Among the consequences of those actions are discrimination against low-income and minority households, lack of housing to support employment growth, imbalance in jobs and housing, reduced mobility, urban sprawl, excessive commuting, and air quality deterioration.” (Govt. §65589.5); and
WHEREAS, the legislature adopted the Housing Crisis Act of 2019 (SB 330) which states, “In 2018, California ranked 49th out of the 50 states in housing units per capita… California needs an estimated 180,000 additional homes annually to keep up with population growth, and the Governor has called for 3.5 million new homes to be built over 7 years;” and
WHEREAS, the State Housing Element Law (Government Code Sections 65580 et seq.) requires that the City Council adopt a housing element for the eight-year period of 2023-2031 to accommodate the City of San Mateo (City) regional housing need allocation (RHNA) of 7,015 housing units, comprised of 1,777 very low- income units, 1,023 low-income units, 1,175 moderate-income units, and 3,040 above moderate-income units; and
WHEREAS, the City has prepared its Revised 2023-2031 Housing Element (“Revised Housing Element”) in compliance with the State Housing Element Law and has identified sites that can accommodate sufficient housing units to meet the City’s RHNA plus a buffer; and WHEREAS, as provided in Government Code Section 65350 et seq., adoption of the Revised Housing Element constitutes a General Plan Amendment; and
WHEREAS, as provided in Government Code Sections 65352 - 65352.5, on April 22, 2022, the City mailed public notices to all California Native American tribes provided by the Native American Heritage Commission and other entities listed; and
WHEREAS, no California Native American tribe requested consultation; and WHEREAS, the City has conducted extensive community outreach over the last two and a half years, including 23 public and community meetings and workshops, five intercept/pop-up events, four surveys, and additional community engagement through partnership with 21 Elements (San Mateo County regional planning collaborative); and
WHEREAS, on April 6, 2022, in accordance with Government Code Section 65585(b), the City published the Draft Housing Element and requested public comment for a 30-day review period, and on July 1, 2022, after 2 1
0 1
9 4
responding to public comments, the City submitted the Draft Housing Element to the State Department of Housing and Community Development (HCD) for its first review; and WHEREAS, on September 28, 2022, the City received its initial review letter from HCD providing comments on the Draft Housing Element; and
WHEREAS, on November 7, 2022, the City Council held duly noticed study sessions to review HCD’s comments and provide direction on revisions and policy changes to incorporate into the Housing Element; and WHEREAS, on December 30, 2022, the City published a Revised Draft Housing Element (Version 2) responding to HCD’s comments, based on City Council direction, and made Version 2 available for public review through January 9, 2023; and
WHEREAS, on January 10, 2023, the Planning Commission conducted a duly noticed public hearing to receive public comment and provided a recommendation to the City Council on the Revised Draft Housing Element; and
WHEREAS, on January 24, 2023, the City Council conducted a duly noticed public hearing to receive public comment, reviewed the Housing Element and all pertinent maps, documents and exhibits, including HCD’s comments, the City’s response to HCD’s comments, the agenda report and all attachments, and oral and written public comments, and voted to adopt the Housing Element, and directed staff to submit the adopted Housing Element to HCD; and
WHEREAS, on March 27, 2023, the City received a subsequent review letter from HCD stating that the adopted Housing Element submitted to HCD on January 30, 2023 addressed many statutory requirements described in HCD’s September 28, 2022 review, and that additional revisions were necessary to fully comply with State Housing Element Law; and
WHEREAS, on April 17, 2023 and June 5, 2023, the City Council held study sessions to review HCD’s comments and provide direction on revisions and policy changes to incorporate into the amended Housing Element; and
WHEREAS, on July 26, 2023, the City published a Revised Draft Housing Element (Version 3) responding to HCD’s comments, based on City Council direction, made Version 3 available for public review through August 9, 2023, submitted this draft to HCD on August 4, 2023, and submitted supplemental information to HCD on August 30, 2023; and
WHEREAS, on September 20, 2023, following multiple meetings between City and HCD staff to discuss additional deficiency comments, Version 3 was rescinded to allow for technical updates and clarifications; and WHEREAS, on November 9, 2023, the City published a Revised Draft Housing Element (Version 4) responding to HCD’s verbal comments, made Version 4 available for public review through November 15, 2023, and submitted this draft to HCD on November 22, 2023; and WHEREAS, on January 19, 2024, the City received a letter from HCD stating that the Revised Draft Housing Element (Version 4), with the technical clarifications submitted on January 17, 2024, met the statutory requirements that were described in HCD’s March 27, 2023 review letter and finding that this latest draft substantially complies with State Housing Element Law; and 3 1
0 1
9 4
WHEREAS, on April 16, 2024, the City published the Revised Housing Element, which incorporated the technical updates requested by HCD, updated the text for consistency, and made the Revised Housing Element available for public review through April 23, 2024; and WHEREAS, on April 23, 2024, the Planning Commission held a duly and properly noticed public hearing, reviewed the Revised Housing Element and all pertinent maps, documents and exhibits, including HCD’s comments, the City’s response to HCD’s comments, the agenda report and all attachments, and oral and written public comments, and voted 4-1 to adopt a resolution recommending that the City Council adopt the Revised Housing Element based on the findings listed in this resolution; and WHEREAS, on May 20, 2024, the City Council held a duly noticed public hearing to take public testimony and consider this resolution regarding the Revised Housing Element, reviewed the Housing Element and all pertinent maps, documents and exhibits, including HCD’s comments, the City’s response to HCD’s comments, the agenda report and all attachments, the Planning Commission recommendation and oral and written public comments.

NOW, THEREFORE, BE IT RESOLVED, THAT THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, HEREBY finds and determines based on substantial evidence in the record, that:

1. The foregoing recitals are true and correct and are incorporated by reference into this action.

2. The Revised Housing Element was reviewed for conformance with the California Environmental Quality Act and is found to be exempt pursuant to CEQA Guidelines Section 15061(b)(3) as it can be seen with certainty that the proposed adoption of the Housing Element (which proposes no rezonings or intensification of land use) would not have a significant effect on the environment.

3. In accordance with Government Code Section 65300.5, the Revised Housing Element is internally consistent with the Strive San Mateo General Plan 2040; and as required by State law and San Mateo Municipal Code Section 27.06.040(b), the Planning Commission has reviewed and provided a written recommendation to the City Council on this General Plan Amendment.

4. The Revised Housing Element substantially complies with Housing Element Law, as provided in Government Code 65580 et seq., and contains all provisions required by State Housing Element Law, as shown in Exhibit A to this Resolution, incorporated herein by this reference.

5. Based on substantial evidence in the record, the existing uses on the non-vacant sites identified in the Sites Inventory to accommodate the City’s RHNA are likely to be discontinued during the planning period or do not need to be discontinued to accommodate the assigned housing units, and therefore do not constitute an impediment to planned residential development on the site during the planning period. Government Code Section 65583.2(g)(2) requires that any jurisdiction relying on non-vacant sites to meet more than 50 percent of the RHNA for lower-income households must make findings based on substantial evidence that the existing use on the non-vacant site is not an impediment to residential development during the planning period. In the City of San Mateo, 97.5 percent of the RHNA for lower-income unit capacity is on non-vacant sites (196 of 205 sites are non- vacant). The City has provided such substantial evidence in Appendix C of the Revised Housing Element that the existing uses will be discontinued or will not be an impediment to residential development during the planning period based on the physical characteristics, existing uses, redevelopment potential (including improvement to land value ratio, floor area ratio, age of 4 1
0 1
9 4
structures, existing height, lot coverage and known developer/owner interest), location and context, local knowledge, and environmental and infrastructure constraints. Specifically, Table 2 in Appendix C of the Housing Element constitutes a site-specific analysis, and demonstrates that six of the largest non-vacant sites in the Sites Inventory have owners that have expressed interest in residential or mixed-use development during this planning period; with the remaining sites having owner/developer interest, the ability to accommodate new housing without displacing existing uses (i.e. large parking lots or vacant areas, under-utilized buildings or long-standing vacancies), similar characteristics as approved or proposed projects in the City, existing uses that could discontinue during this planning period, and/or have conceptual proposals, development applications or planning approvals.

The City has followed HCD guidance when performing its section 65583.2(g)(2) analysis. The site selection criteria used by the City include property owner or developer interest in redevelopment, that the site is developer owned, that the site has a previous proposal for redevelopment, sites with surface parking lot use only or similar unimproved condition, that the existing use similar to commonly redeveloped sites (retail/shopping center, banks, office, gas station, etc.), that any structures are more than 30 years old (or 20 years if commercial use), that current structures are one-story only, that the property has an improvement to land value ratio of <1.0 (or <2.5 if commercial use), and that a property has 50% or less lot coverage.

In finding that existing uses for the designated non-vacant sites are likely to be discontinued during the planning period, and that such existing uses do not constitute an impediment to residential development, the City has relied upon facts, assumptions that are derived from those facts, and expert opinion. The City bases its findings on documented evidence that the redevelopment of commercial sites for housing is a growing national trend that is clearly reflected in San Mateo and other nearby cities in the region. Further, strong housing demand and high land values for residential development, together with weakening demand for commercial uses, have made conversion to residential use within the planning period likely for multiple sites that currently have commercial uses. Most commercial leases for designated non-vacant sites are due to expire within the planning period.

The City further bases its findings upon substantial evidence in the form of expressions of owner interest in residential development, Costar data regarding commercial lease terms within the City demonstrating that the leases for existing uses expire within the planning period and that the building on non-vacant sites are likely to be removed or is in poor condition. Further, 83 per cent of units that are currently in the City’s active development pipeline are located on sites with some commercial uses.

6. The City Council hereby adopts the Revised 2023-2031 Housing Element as shown in Attachments 4 through 11 to the staff report dated May 20, 2024, which has been found to be in substantial compliance with all applicable state statutes and HCD requirements. The previously adopted 2023- 2031 Housing Element is repealed and replaced in its entirety.

7. This resolution shall become effective upon adoption by the City Council.

8. The City Manager or their designee is hereby directed to file all necessary materials with HCD for HCD to find that the Revised Housing Element is in conformance with State Housing Element Law and is further directed and authorized to make all non-substantive changes to the Housing Element 5 1
0 1
9 4
to make it internally consistent or to address any non-substantive changes or amendments requested by HCD to achieve certification.

9. The Community Development Director or their designee is hereby directed to distribute copies of the Revised Housing Element in the manner provided in Government Code Sections 65357 and 65589.7.
6 Exhibit A
Compliance with Statutory Provisions
Column 1 lists the sections of the California Government Code that are applicable to certification of the City’s 2023-2031 Housing Element and Column 2 identifies how the Housing Element is in compliance with that section and where the information is located with the Housing Element document.

GOVERNMENT CODE PROVISION HOUSING ELEMENT COMPLIANCE
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.

See below for details.

The housing element shall identify adequate sites for housing, including rental housing, factory-built housing, mobile homes, and emergency shelters, and shall make adequate provision for the existing and projected needs of all economic segments of the community.

See below for details
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:

Housing needs – see Appendix A, Needs
Analysis
Resources – see Appendix C, Housing
Resources
Constraints – see Appendix B, Constraints
(a)(1) An analysis of population and employment trends and documentation of projections Appendix A, pp H-A-9 through H-A-23 (a)(1) A quantification of the locality’s existing and projected housing needs for all income levels, including extremely low income households, as defined in subdivision (b) of Section 50105 and Section 50106 of the Health and Safety Code. These existing and projected needs shall include the locality’s share of the regional housing need in accordance with Section 65584. Local agencies shall calculate the subset of very low income households allotted under Section 65584 that qualify as extremely low income households. The local agency may either use available census data to calculate the percentage of very low income households that qualify as extremely low income households or presume that 50 percent of the very low income households qualify Appendix A, pp H-A-9 through H-A-23; for ELI
data, see H-A-23 et seq.
7 1
0 1
9 4

GOVERNMENT CODE PROVISION HOUSING ELEMENT COMPLIANCE
as extremely low income households. The number of extremely low income households and very low income households shall equal the jurisdiction’s allocation of very low income households pursuant to Section 65584.
(a)(2) An analysis and documentation of household characteristics, including level of payment compared to ability to pay,
Appendix A, H-A-24 through H-A-32; for
overpayment see H-A-46 et seq.
(a)(2) housing characteristics, including overcrowding, and Appendix A, H-A-46 et seq. (a)(2) housing stock condition. Appendix A, H-A-35 et seq. (a)(3) An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites, and an analysis of the relationship of the sites identified in the land inventory to the jurisdiction’s duty to affirmatively further fair housing. Note: Please see Section 65583.2 regarding the land inventory.

See base document (2023-231 City of San
Mateo Draft Housing Element) for detailed
methodology of inventory (H-39 et seq.)
For detail on individual sites, nonvacant site
analysis and relationship to constraints, etc.,
see Appendix C, H-C-14 et seq.

For AFFH analysis of inventory, see Appendix D,
H-D-78 et seq.
[Note that AB 2339 (Chapter 654, Statutes of 2022) amended Section 65583(a)(4). It does not apply to ABAG-area housing elements unless the first draft of the housing element is submitted to ABAG after January 31, 2023 or a draft is submitted after April 1, 2023. Therefore the sections below include the statutory provisions of Section 65583(a)(4) effective in 2022. Jurisdictions adopting their housing element after January 1, 2023 should describe why AB 2339 is not applicable to them.] (a)(4)(A) The identification of a zone or zones where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit. The identified zone or zones shall include sufficient capacity to accommodate the need for emergency shelter identified in paragraph (7), except that each local government shall identify a zone or zones that can accommodate at least one year-round emergency shelter.

Appendix B, H-B-7 and H-B-42 through H-B-46;
see also base document Policy H3.7, page H-
122
8 1
0 1
9 4

GOVERNMENT CODE PROVISION HOUSING ELEMENT COMPLIANCE
(a)(4)(A) If the local government cannot identify a zone or zones with sufficient capacity, the local government shall include a program to amend its zoning ordinance to meet the requirements of this paragraph within one year of the adoption of the housing element. The local government may identify additional zones where emergency shelters are permitted with a conditional use permit.

Appendix B, H-B-7 and H-B-42 through H-B-46;
see also base document Policy H3.7, page H-
122
(a)(4)(A) The local government shall also demonstrate that existing or proposed permit processing, development, and management standards are objective and encourage and facilitate the development of, or conversion to, emergency shelters.

Appendix B, H-B-7 and H-B-42 through H-B-46;
see also base document Policy H3.7, page H-
122
(a)(4)(A) Emergency shelters may only be subject to those development and management standards that apply to residential or commercial development within the same zone except that a local government may apply written, objective standards that include all of the following:
(i) The maximum number of beds or persons permitted to be served nightly by the facility. (ii) Sufficient parking to accommodate all staff working in the emergency shelter, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone.
(iii) The size and location of exterior and interior onsite waiting and client intake areas. (iv) The provision of onsite management.
(v) The proximity to other emergency shelters, provided that emergency shelters are not required to be more than 300 feet apart.
(vi) The length of stay.
(vii) Lighting.
(viii) Security during hours that the emergency shelter is in operation.

Appendix B, H-B-7 and H-B-42 through H-B-46;
see also base document Policy H3.7, page H-
122
(a)(4)(B) The permit processing, development, and management standards applied under this paragraph shall not be deemed to be discretionary acts within the meaning of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).

Appendix B, H-B-7 and H-B-42 through H-B- 46;
see also base document Policy H3.7, page H-
122
(a)(4)(C) A local government that can demonstrate to the satisfaction of the department the existence of one or more emergency shelters either within its jurisdiction or pursuant to a multijurisdictional agreement that can accommodate that jurisdiction’s need for emergency shelter identified in paragraph (7) may comply with the zoning requirements of subparagraph (A) by identifying a zone or zones where new emergency shelters are allowed with a conditional use permit.

Appendix B, H-B-7 and H-B-42 through H-B- 46;
see also base document Policy H3.7, page H-
122
9 1
0 1
9 4

GOVERNMENT CODE PROVISION HOUSING ELEMENT COMPLIANCE
(a)(4)(D) A local government with an existing ordinance or ordinances that comply with this paragraph shall not be required to take additional action to identify zones for emergency shelters. The housing element must only describe how existing ordinances, policies, and standards are consistent with the requirements of this paragraph.

Appendix B, H-B-7 and H-B-42 through H-B- 46;
see also base document Policy H3.7, page H-
122
(a)(5) An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and [Note: The types of housing identified in Section 65583(c)(1) include multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing.] See Constraints, Appendix B. For detail, see
below
(a)(5) for persons with disabilities as identified in the analysis pursuant to paragraph (7), Appendix B, H-B-40 et seq. (a)(5) including land use controls, Appendix B, H-B-5 through H-B-13 (a)(5) building codes and their enforcement, Appendix B, H-B-15 through H-B-17 (a)(5) site improvements, Appendix B, H-B-17 through H-B-19 (a)(5) fees and other exactions required of developers, Appendix B, H-B-21 though H-B-24; and H-B-35 through H-B-39
(a)(5) local processing and permit procedures, Appendix B, H-B-24 through H-B-35 (a)(5) and any locally adopted ordinances that directly impact the cost and supply of residential development.

Appendix B, H-B-13 through H-B-15
(a)(5) The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Section 65584 Base document Policies H1.1 through H1.21,
especially Policies H1.3, H1.4, H1.6, H1.7,
H1.13, H1.18
(a)(5) and from meeting the need for housing for persons with disabilities, supportive housing, transitional housing, and emergency shelters identified pursuant to paragraph (7).

Appendix B, H-B-39 through H-B-46, and base
document policies H1.14, H4.3, H4.4 H5.1.1,
10 1
0 1
9 4

GOVERNMENT CODE PROVISION HOUSING ELEMENT COMPLIANCE
H5.1.2, H5.2.1, H5.2.2, H5.2.3, H5.4.1, H5.4.2,
H5.4.3, and H5.4.4
(a)(6) An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, Appendix B, H-B-49 through H-B-62
(a)(6) the price of land, Appendix B, H-B-49 through H-B-50 (a)(6) the cost of construction, Appendix B, H-B-50 through H-B-3 (a)(6) the requests to develop housing at densities below those anticipated in the analysis required by subdivision (c) of Section 65583.2,
Appendix B, H-B-54 et seq.
(a)(6) and the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a locality’s share of the regional housing need in accordance with Section 65584.

Appendix B, H-B-54
(a)(6) 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.

Appendix B, H-B-49 through H-B-62, and base
document policies H1.9, H1.10 and H1.21
(a)(7) An analysis of any special housing needs, such as those of the (a)(7) elderly; Appendix A, H-A-51-52 and H-A-60 et seq. (a)(7) persons with disabilities, including a developmental disability, as defined in Section 4512 of the Welfare and Institutions Code;
Appendix A, H-A-63 through H-A- 70.
(a)(7) large families; Appendix A, H-A-56 through H-A- 58 (a)(7) farmworkers; Appendix A, H-A-78 through H-A- 80
(a)(7) families with female heads of households; Appendix A, H-A-58 through H-A-60 11 1
0 1
9 4

GOVERNMENT CODE PROVISION HOUSING ELEMENT COMPLIANCE
(a)(7) and families and persons in need of emergency shelter. Appendix A, H-A-70 through H-A-78 (a)(7) The need for emergency shelter shall be assessed based on the capacity necessary to accommodate the most recent homeless point-in-time count conducted before the start of the planning period, the need for emergency shelter based on number of beds available on a year-round and seasonal basis, the number of shelter beds that go unused on an average monthly basis within a one-year period, and the percentage of those in emergency shelters that move to permanent housing solutions.

Appendix A, H-A-70 though H-A-78; see also
Appendix B, H-B-42 through H-B-44
(a)(7) The need for emergency shelter may be reduced by the number of supportive housing units that are identified in an adopted 10-year plan to end chronic homelessness and that are either vacant or for which funding has been identified to allow construction during the planning period.

Appendix A, H-A-70 though H-A-78; see also
Appendix B, H-B-42 through H-B-44
(a)(7) An analysis of special housing needs by a city or county may include an analysis of the need for frequent user coordinated care housing services.

N/A
(a)(8) An analysis of opportunities for energy conservation with respect to residential development. Cities and counties are encouraged to include weatherization and energy efficiency improvements as part of publicly subsidized housing rehabilitation projects. This may include energy efficiency measures that encompass the building envelope, its heating and cooling systems, and its electrical system.

Base document, H-65 et seq and policy H2.3
(a)(9) An analysis of existing assisted housing developments that are eligible to change from low-income housing uses during the next 10 years due to termination of subsidy contracts, mortgage prepayment, or expiration of restrictions on use. “Assisted housing developments,” for the purpose of this section, shall mean multifamily rental housing that receives governmental assistance under federal programs listed in subdivision (a) of Section 65863.10, state and local multifamily revenue bond programs, local redevelopment programs, the federal Community Development Block Grant Program, or local in-lieu fees. “Assisted housing developments” shall also include multifamily rental units that were developed pursuant to a local inclusionary housing program or used to qualify for a density bonus pursuant to Section 65916.

Base document, H-35 through H-39; complete
list of developments is in Appendix A,
Attachment 2
(a)(9)(A) The analysis shall include a listing of each development by project name and address, the type of governmental assistance received, the earliest possible date of change from low-income use, and the total number of elderly and nonelderly units that could be lost from the locality’s low-income housing stock in Appendix A, Attachment 2
12 1
0 1
9 4

GOVERNMENT CODE PROVISION HOUSING ELEMENT COMPLIANCE
each year during the 10-year period. For purposes of state and federally funded projects, the analysis required by this subparagraph need only contain information available on a statewide basis. (a)(9)(B) The analysis shall estimate the total cost of producing new rental housing that is comparable in size and rent levels, to replace the units that could change from low-income use, and an estimated cost of preserving the assisted housing developments. This cost analysis for replacement housing may be done aggregately for each five-year period and does not have to contain a project-by-project cost estimate.

Base document, H-35 through H-3
(a)(9)(C) The analysis shall identify public and private nonprofit corporations known to the local government that have legal and managerial capacity to acquire and manage these housing developments.

Base document, H-35 through H-3
(a)(9)(D) The analysis shall identify and consider the use of all federal, state, and local financing and subsidy programs that can be used to preserve, for lower income households, the assisted housing developments, identified in this paragraph, including, but not limited to, federal Community Development Block Grant Program funds, tax increment funds received by a redevelopment agency of the community, and administrative fees received by a housing authority operating within the community. In considering the use of these financing and subsidy programs, the analysis shall identify the amounts of funds under each available program that have not been legally obligated for other purposes and that could be available for use in preserving assisted housing developments.

Base document, H-35 through H-3
(b) (1) A statement of the community’s goals, quantified objectives, and policies relative to affirmatively furthering fair housing and to the maintenance, preservation, improvement, and development of housing.

Base document Goals, Policies and Programs,
including AFFH, H-122 et seq.

Quantified objectives: base document, H-129
through H-131
(2) It is recognized that the total housing needs identified pursuant to subdivision (a) may exceed available resources and the community’s ability to satisfy this need within the content of the general plan requirements outlined in Article 5 (commencing with Section 65300). Under these circumstances, the quantified objectives need not be identical to the total housing needs. The quantified objectives shall establish the maximum number of housing units by income category, including extremely low income, that can be constructed, rehabilitated, and conserved over a five-year time period.

Quantified objectives: base document, H-129
through H-131
13 1
0 1
9 4

GOVERNMENT CODE PROVISION HOUSING ELEMENT COMPLIANCE
(c) A program that sets forth a schedule of actions during the planning period, each with a timeline for implementation, that may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element Base document Goals, Policies and Programs,
including AFFH; base document, see Housing
Plan beginning on H-39
(c) through the administration of land use and development controls, Base document Policies H1.1 through H1.21 (c) the provision of regulatory concessions and incentives, Base document Policies H1.3, H1.4, H1.6, H1.7, H1.13, H1.18, and others
(c) the utilization of appropriate federal and state financing and subsidy programs when available, Base document Policy H1.2 and H2.1 (c) 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).

Base document Policy H1.2 and H2.1
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:
(c)(1) Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Section 65584.09.

No sites need to be rezoned in order to
accommodate the RHNA allocation
(c)(1) Sites shall be identified as needed to affirmatively further fair housing For AFFH analysis of inventory, see Appendix D, H-D-78 et seq.
(c)(1) and to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing,
See base document programs, beginning on H-
39; see also discussion in Constraints Analysis,
Appendix B, beginning on H-B-5
14 1
0 1
9 4

GOVERNMENT CODE PROVISION HOUSING ELEMENT COMPLIANCE
(c)(1) factory-built housing, Appendix B, H-B-47 et seq. (c)(1) mobilehomes, Appendix B, H-B-47 et seq.
(c)(1) housing for agricultural employees, Appendix B, H-B-46 (c)(1) supportive housing, Appendix B, H-B-45 et seq.
(c)(1) single-room occupancy units, Appendix B, H-B-48; and base document H-44 (c)(1) emergency shelters, Appendix B, H-B-42 through H-B-45 (c)(1) and transitional housing. Appendix B, H-B-45 et seq. (c)(1)(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 that the department has found to be in substantial compliance with this article 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 one year from the statutory deadline in Section 65588 for adoption of the housing element.

No sites need to be rezoned in order to
accommodate the RHNA allocation
(c)(1)(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. Note: Please see Section 65583.2 regarding the land inventory and conformance with subdivision (h).

No sites need to be rezoned in order to
accommodate the RHNA allocation
15 1
0 1
9 4

GOVERNMENT CODE PROVISION HOUSING ELEMENT COMPLIANCE
(c)(1)(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.

Base document implementation plan, Policy
H1.17
(c)(2) Assist in the development of adequate housing to meet the needs of extremely low, very low, low-, and moderate-income households.

Base document Policies H1.1 through H1.21
(c)(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
Base document Policies H1.1 through H1.21,
especially Policies H1.3, H1.4, H1.6, H1.7,
H1.13, H1.18
(c)(3) 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.

Appendix B, H-B-41 et seq., and base document
policies H1.14, H4.3, H4.4 H5.1.1, H5.1.2,
H5.2.1, H5.2.2, H5.2.3, H5.4.1, H5.4.2, H5.4.3,
and H5.4.4
(c)(3) Transitional housing and supportive housing shall be considered a residential use of property and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone.

Appendix B, H-B-45 and base document policy
H1.15
(c)(3)Supportive housing, as defined in Section 65650, shall be a use by right in all zones where multifamily and mixed uses are permitted, as provided in Article 11 (commencing with Section 65650).

Appendix B, H-B-45 and base document policy
H1.15
(c)(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.

Base document Policies H2.1, H2.2, H2.4, H2.6
(c)(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.

AFFH policies in base document, H5.1.1
through H5.4.5
16 1
0 1
9 4

GOVERNMENT CODE PROVISION HOUSING ELEMENT COMPLIANCE
(c)(6) Preserve for lower income households the assisted housing developments identified pursuant to paragraph (9) of subdivision (a).

Base document policy H2.2
(c)(6) 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.

Base document, H-24 through H-27 and policy
H2.2
(c)(6) The program may include strategies that involve local regulation and technical assistance. Base document, H-24 through H-27 and policy H2.2
(c)(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.

Base document policies H1.4 and H5.1.3
(c)(8) Include an identification of the agencies and officials responsible for the implementation of the various actions and the means by which consistency will be achieved with other general plan elements and community goals.

For responsible parties, including AFFH: base
document, beginning on H-39
Consistency with the general plan: base
document, page H-25 and H-26
(c)(9) Include a diligent effort by the local government to achieve public participation of all economic segments of the community in the development of the housing element, and the program shall describe this effort.

See Appendix F in its entirety, and the base
document for a summary beginning on H-69
(c)(10)(A) Affirmatively further fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2. The program shall include an assessment of fair housing in the jurisdiction that shall include all of the following components:

Appendix D in its entirety
(c)(10)(A)(i) A summary of fair housing issues in the jurisdiction Appendix D, H-D-11 through H-D-22 17 1
0 1
9 4

GOVERNMENT CODE PROVISION HOUSING ELEMENT COMPLIANCE
(c)(10)(A)(i) and an assessment of the jurisdiction’s fair housing enforcement and fair housing outreach capacity.

Appendix D, H-D-23 through H-D-30
(c)(10)(A)(ii) An analysis of available federal, state, and local data and knowledge to identify integration and segregation patterns and trends,
Appendix D, H-D-31 through H-D-62
(c)(10)(A)(ii)racially or ethnically concentrated areas of poverty and affluence, Appendix D, H-D-47 through H-D-55 (c)(10)(A)(ii) disparities in access to opportunity, Appendix D, H-D-56 through H-D-62 (c)(10)(A)(ii) and disproportionate housing needs, Appendix D, H-D-63 though H-D-77 (c)(10)(A)(ii) including displacement risk. Appendix D, H-D-73through H-D-75 (c)(10)(A)(ii) The analysis shall identify and examine such patterns, trends, areas, disparities, and needs, both within the jurisdiction.

Appendix D in its entirety, as this information is
woven throughout
(c)(10)(A)(ii) and comparing the jurisdiction to the region in which it is located, based on race 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) and Section 65008.

Appendix D in its entirety, as this information is
woven throughout
(c)(10)(A)(iii) An assessment of the contributing factors, including the local and regional historical origins Appendix D, H-D-13 through H-D-22 (c)(10)(A)(iii) and current policies and practices, for the fair housing issues identified under clauses (i) and (ii). Appendix D, H-D-23 through H-D-30 (c)(10)(A)(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, Appendix D, H-D-15 et seq.
(c)(10)(A)(iv) and identifying the metrics and milestones for determining what fair housing results will be achieved.

AFFH policies are located in the base
document, policies H5.1.1 through H5.4.5
18 1
0 1
9 4

GOVERNMENT CODE PROVISION HOUSING ELEMENT COMPLIANCE
(c)(10)(A)(v) Strategies and actions to implement those priorities and goals, which may include, but are not limited to, enhancing mobility strategies
AFFH policies H5.1.1 through H5.1.3
(c)(10)(A)(v) and encouraging development of new affordable housing in areas of opportunity, AFFH policies H5.2.1 through H5.2.3 (c)(10)(A)(v) as well as place-based strategies to encourage community revitalization, including preservation of existing affordable housing,
AFFH policies H5.3.1 through H5.3.3
(c)(10)(A)(v) and protecting existing residents from displacement. AFFH policies H5.4.1 through H5.4.5 (c)(10)(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 Section 91.225 of Title 24 of the Code of Federal Regulations in effect before August 17, 2015, may incorporate relevant portions of that assessment or revised assessment of fair housing or analysis or revised analysis of impediments to fair housing into its housing element.

N/A
(c)(10)(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.

See above
(d)(1) A local government may satisfy all or part of its requirement to identify a zone or zones suitable for the development of emergency shelters pursuant to paragraph (4) of subdivision (a) by adopting and implementing a multijurisdictional agreement, with a maximum of two other adjacent communities, that requires the participating jurisdictions to develop at least one year-round emergency shelter within two years of the beginning of the planning period.

N/A
(d)(2) The agreement shall allocate a portion of the new shelter capacity to each jurisdiction as credit toward its emergency shelter need, and each jurisdiction shall describe how the capacity was allocated as part of its housing element.

N/A
(d)(3) Each member jurisdiction of a multijurisdictional agreement shall describe in its housing element all of the following:

N/A
19 1
0 1
9 4

GOVERNMENT CODE PROVISION HOUSING ELEMENT COMPLIANCE
(d)(3)(A) How the joint facility will meet the jurisdiction’s emergency shelter need. (d)(3)(B) The jurisdiction’s contribution to the facility for both the development and ongoing operation and management of the facility.
(d)(3)(C) The amount and source of the funding that the jurisdiction contributes to the facility.

N/A
(d)(4) The aggregate capacity claimed by the participating jurisdictions in their housing elements shall not exceed the actual capacity of the shelter.

N/A
(e) Except as otherwise provided in this article, amendments to this article that alter the required content of a housing element shall apply to both of the following: [Note that this provision is applicable to AB 2339 (Chapter 654, Statutes of 2022), which amended Section 65583(a)(4). Jurisdictions adopting their housing element after January 1, 2023 should describe why this amendment is not applicable to them.] N/A
(1) A housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when a city, county, or city and county submits a draft to the department for review pursuant to Section 65585 more than 90 days after the effective date of the amendment to this section.

N/A
(2) Any housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when the city, county, or city and county fails to submit the first draft to the department before the due date specified in Section 65588 or 65584.02.

N/A
(f) – (j): Not applicable N/A
Section 65583.1(a)
(a) The Department of Housing and Community Development, in evaluating a proposed or adopted housing element for substantial compliance with this article, … may also allow a city or county to identify sites for accessory dwelling units based on the number of accessory dwelling units developed in the prior housing element planning period whether or not the units are permitted by right, the need for these units in the community, the resources or incentives available for their development, and any other relevant factors, as determined by the department.

Base document H-50 et seq.
20 1
0 1
9 4

GOVERNMENT CODE PROVISION HOUSING ELEMENT COMPLIANCE
(b) 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 element. No sites containing housing units scheduled or planned for demolition or conversion to nonresidential uses shall qualify as an adequate site.

N/A
Note: If communities are using the provisions of Section 65583.1(c), which allow RHNA credit for conversion of non-affordable to affordable housing and for preservation of existing affordable housing at risk of loss, the applicable provisions need to be added to this table.

N/A
Section 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 (10) of subdivision (c) of Section 65583,
Base document methodology discussion, H-39
through H-57
(a) 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 following sites that meet the standards set forth in subdivisions (c) and (g):

See below
(a)(1) Vacant sites zoned for residential use. See electronic sites inventory in Appendix C, Housing Resources (Table 2) beginning on page
H-C-22, as well as individual sites analyses in
the same Appendix, H-C-31 et seq.
(a)(2) Vacant sites zoned for nonresidential use that allows residential development. See electronic sites inventory in Appendix C, Housing Resources (Table 2) beginning on page
H-C-22, as well as individual sites analyses in
the same Appendix, H-C-31 et seq.
21 1
0 1
9 4

GOVERNMENT CODE PROVISION HOUSING ELEMENT COMPLIANCE
(a)(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
See electronic sites inventory in Appendix C,
Housing Resources (Table 2) beginning on page
H-C-22, as well as individual sites analyses in
the same Appendix, H-C-31 et seq.
(a)(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.

See electronic sites inventory in Appendix C,
Housing Resources (Table 2) beginning on page
H-C-22, as well as individual sites analyses in
the same Appendix, H-C-31 et seq.
(b) The inventory of land shall include all of the following:
(b)(1) A listing of properties by assessor parcel number. See electronic sites inventory in Appendix C, Housing Resources (Table 2) beginning on page
H-C-22, as well as individual sites analyses in
the same Appendix, H-C-31 et seq.
(b)(2) The size of each property listed pursuant to paragraph (1), and the general plan designation and zoning of each property.

See electronic sites inventory in Appendix C,
Housing Resources (Table 2) beginning on page
H-C-22, as well as individual sites analyses in
the same Appendix, H-C-31 et seq.
(b)(3) For nonvacant sites, a description of the existing use of each property. See electronic sites inventory in Appendix C, Housing Resources (Table 2) beginning on page
H-C-22, as well as individual sites analyses in
the same Appendix, H-C-31 et seq.
22 1
0 1
9 4

GOVERNMENT CODE PROVISION HOUSING ELEMENT COMPLIANCE
(b)(3) 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.

See electronic sites inventory in Appendix C,
Housing Resources (Table 2) beginning on page
H-C-22, as well as individual sites analyses in
the same Appendix, H-C-31 et seq.
(b)(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.

See electronic sites inventory in Appendix C,
Housing Resources (Table 2) beginning on page
H-C-22, as well as individual sites analyses in
the same Appendix, H-C-31 et seq.

See also discussion in Appendix B, H-B-55
through H-B-58
(b)(5)(A) A description of existing or planned water, sewer, and other dry utilities supply, including the availability and access to distribution facilities.

See electronic sites inventory in Appendix C,
Housing Resources (Table 2) beginning on page
H-C-22, as well as individual sites analyses in
the same Appendix, H-C-31 et seq.

See also discussion in Appendix B, H-B-58
through H-B-60
(b)(5)(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.

See electronic sites inventory in Appendix C,
Housing Resources (Table 2) beginning on page
H-C-22, as well as individual sites analyses in
the same Appendix, H-C-31 et seq.
23 1
0 1
9 4

GOVERNMENT CODE PROVISION HOUSING ELEMENT COMPLIANCE
See also discussion in Appendix B, H-B-58
through H-B-60
(b)(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 site-specific basis.

N/A
(b)(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.

See map figures in base document, pages H-38
and H-43, and Appendix C, pages H-C-30 and H-
C-64-65
(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.

Base document methodology discussion, H-39
through H-57
(c) 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.

Appendix C, H-C-14 et seq.

Note: No rezoning required.
(c) Notwithstanding the foregoing, for a local government that fails to adopt a housing element that the department has found to be in substantial compliance with state law within 120 days of the statutory deadline in Section 65588 for adoption of the housing element, rezoning pursuant to this subdivision shall be completed no later than one year from the statutory deadline in Section 65588 for adoption of the housing element.

To be adopted _____________
24 1
0 1
9 4

GOVERNMENT CODE PROVISION HOUSING ELEMENT COMPLIANCE
(c) The analysis shall determine whether the inventory can provide for a variety of types of housing, including multifamily rental housing,
See base document programs, beginning on H-
39; see also discussion in Constraints, Appendix
B, beginning on H-B-5
(c) factory-built housing, mobilehomes, Appendix B, H-B-47 et seq. (c) housing for agricultural employees, Appendix B, H-B-46 (c) supportive housing, Appendix B, H-B-45
(c) single-room occupancy units, Appendix B, H-B-48; see also base document H- 55 (c) emergency shelters, and Appendix B, H-B-42 et seq. (c) transitional housing Appendix B, H-B-45
(c) and whether the inventory affirmatively furthers fair housing. For AFFH analysis of inventory, see Appendix D, H-D-72 et seq.
(c) The city or county shall determine the number of housing units that can be accommodated on each site as follows:
(c)(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.

See base document (2023-231 City of San
Mateo Draft Housing Element) for detailed
methodology of inventory (H-39 et seq.)
(c)(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,
See base document (2023-231 City of San
Mateo Draft Housing Element) for detailed
methodology of inventory (H-39 et seq.)
25 1
0 1
9 4

GOVERNMENT CODE PROVISION HOUSING ELEMENT COMPLIANCE
(c)(2) the realistic development capacity for the site, See base document (2023-231 City of San Mateo Draft Housing Element) for detailed
methodology of inventory (H-39 et seq.)
(c)(2) typical densities of existing or approved residential developments at a similar affordability level in that jurisdiction,
See base document (2023-231 City of San
Mateo Draft Housing Element) for detailed
methodology of inventory (H-39 et seq.)
(c)(2) and on the current or planned availability and accessibility of sufficient water, sewer, and dry utilities. See base document (2023-231 City of San Mateo Draft Housing Element) for detailed
methodology of inventory (H-39 et seq.)
See electronic sites inventory in Appendix C,
Housing Resources (Table 2) beginning on page
H-C-22, as well as individual sites analyses in
the same Appendix, H-C-31 et seq.
(c)(2)(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.

N/A – no sites less than half an acre are
included as sites for lower income
(c)(2)(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.

Base Housing Element document, H-44 et seq.
(c)(2)(B) 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. 26 1
0 1
9 4

GOVERNMENT CODE PROVISION HOUSING ELEMENT COMPLIANCE
(c)(2)(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.

See pipeline projects, base document H-39 and
Appendix C, H-C-37 et seq.
(c)(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:
(c)(3)(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.

See base document (2023-231 City of San
Mateo Draft Housing Element) for detailed
methodology of inventory (H-39 et seq.)
See electronic sites inventory in Appendix C,
Housing Resources (Table 2) beginning on page
H-C-22, as well as individual sites analyses in
the same Appendix, H-C-31 et seq.
(c)(3)(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.

The City is meeting the majority of its RHNA
allocation with high density multifamily
housing and therefore meets this requirement.

See base document H-57.
27 1
0 1
9 4

GOVERNMENT CODE PROVISION HOUSING ELEMENT COMPLIANCE
(4)(A)(ii) At least 25 percent of the jurisdiction’s share of the regional housing need for above moderate- income housing shall be allocated to sites with zoning that allows at least 4 units of housing.

The City is meeting the majority of its RHNA
allocation with high density multifamily
housing and therefore meets this requirement.

See base document H-57.
(B) The allocation of moderate-income and above moderate-income housing to sites pursuant to this paragraph shall not be a basis for the jurisdiction to do either of the following:
(i) Deny a project that does not comply with the allocation. (ii) Impose a price minimum, price maximum, price control, or any other exaction or condition of approval in lieu thereof. This clause does not prohibit a jurisdiction from imposing any price minimum, price maximum, price control, exaction, or condition in lieu thereof, pursuant to any other law. (iii) The provisions of this subparagraph do not constitute a change in, but are declaratory of, existing law with regard to the allocation of sites pursuant to this section. (C) This paragraph does not apply to an unincorporated area. (D) For purposes of this paragraph:
(i) “Housing development project” has the same meaning as defined in paragraph (2) of subdivision (h) of Section 65589.5.
(ii) “Unit of housing” does not include an accessory dwelling unit or junior accessory dwelling unit that could be approved pursuant to Section 65852.2 or Section 65852.22 or through a local ordinance or other provision implementing either of those sections. This paragraph shall not limit the ability of a local government to count the actual production of accessory dwelling units or junior accessory dwelling units in an annual progress report submitted pursuant to Section 65400 or other progress report as determined by the department.
(E) Nothing in this subdivision shall preclude the subdivision of a parcel, provided that the subdivision is subject to the Subdivision Map Act (Division 2 (commencing with Section 66410)) or any other applicable law authorizing the subdivision of land.
28 1
0 1
9 4

GOVERNMENT CODE PROVISION HOUSING ELEMENT COMPLIANCE
(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-Oakland-Fremont 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. (2)(A)(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.
(2)(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 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. 29 1
0 1
9 4

GOVERNMENT CODE PROVISION HOUSING ELEMENT COMPLIANCE
(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) [non-vacant sites], 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. (g)(1) The methodology shall consider factors including the extent to which existing uses may constitute an impediment to additional residential development,
See base document (2023-231 City of San
Mateo Draft Housing Element) for detailed
methodology of inventory (H-39 et seq.)
See electronic sites inventory in Appendix C,
Housing Resources (Table 2) beginning on page
H-C-22, as well as individual sites analyses in
the same Appendix, H-C-31 et seq.

(g)(1) the city’s or county’s past experience with converting existing uses to higher density residential development,
See base document (2023-231 City of San
Mateo Draft Housing Element) for detailed
methodology of inventory (H-39 et seq.)
See electronic sites inventory in Appendix C,
Housing Resources (Table 2) beginning on page
H-C-22, as well as individual sites analyses in
the same Appendix, H-C-31 et seq.

(g)(1) the current market demand for the existing use, See base document (2023-231 City of San Mateo Draft Housing Element) for detailed
methodology of inventory (H-39 et seq.)
30 1
0 1
9 4

GOVERNMENT CODE PROVISION HOUSING ELEMENT COMPLIANCE
See electronic sites inventory in Appendix C,
Housing Resources (Table 2) beginning on page
H-C-22, as well as individual sites analyses in
the same Appendix, H-C-31 et seq.

(g)(1) 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, See base document (2023-231 City of San
Mateo Draft Housing Element) for detailed
methodology of inventory (H-39 et seq.)
See electronic sites inventory in Appendix C,
Housing Resources (Table 2) beginning on page
H-C-22, as well as individual sites analyses in
the same Appendix, H-C-31 et seq.
(g)(1) development trends, See base document (2023-231 City of San Mateo Draft Housing Element) for detailed
methodology of inventory (H-39 et seq.)
See electronic sites inventory in Appendix C,
Housing Resources (Table 2) beginning on page
H-C-22, as well as individual sites analyses in
the same Appendix, H-C-31 et seq.
.
mult See base document (2023-231 City of San
Mateo Draft Housing Element) for detailed
methodology of inventory (H-39 et seq.)
See electronic sites inventory in Appendix C,
Housing Resources (Table 2) beginning on page
31 1
0 1
9 4

GOVERNMENT CODE PROVISION HOUSING ELEMENT COMPLIANCE
H-C-22, as well as individual sites analyses in
the same Appendix, H-C-31 et seq.

(g)(1) and regulatory or other incentives or standards to encourage additional residential development on these sites.

(g)(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.

See base document for detailed methodology
of inventory (H-39 et seq.)
See electronic sites inventory in Appendix C,
Housing Resources (Table 2) beginning on page
H-C-22, as well as individual sites analyses in
the same Appendix, H-C-31 et seq.

(g)(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.

Base document Policy H2.6
32 1
0 1
9 4

GOVERNMENT CODE PROVISION HOUSING ELEMENT COMPLIANCE
(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 for developments in which at least 20 percent of the units are affordable to lower income households during the planning period.

No rezoning is required to meet the RHNA
allocation. All sites in the inventory on which
lower income units are identified are zoned at
least 30 units per acre
See also base document Policy H1.7 (allow
residential as a permitted use in C and E
districts) and Policy H1.10 (allow housing by-
right for prior housing sites that propose a
minimum of 20 percent affordable).
(h) 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),
No rezoning is required to meet the RHNA
allocation. All sites in the inventory on which
lower income units are identified are zoned for
at least 30 units per acre.

See also base document Policy H 1.9 (establish
minimum densities for multi-family and mixed-
use projects) and H1.10 (allow housing by-right
for prior housing sites that propose a minimum
of 20 percent affordable). Zoning at these sites
would be at least 30 units per acre.
(h) 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)
No rezoning is required to meet the RHNA
allocation. All sites in the inventory on which
lower income units are identified are zoned for
at least 30 units per acre.
(h) and shall meet the standards set forth in subparagraph (B) of paragraph (5) of subdivision (b). All sites in the inventory have available and accessible sewer, water, and dry utilities supply
as described in base document page H-7.
(h) 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 No rezoning is required to meet the RHNA
allocation. All sites in the inventory on which
33 1
0 1
9 4

GOVERNMENT CODE PROVISION HOUSING ELEMENT COMPLIANCE
that a city or county may accommodate all of the very low and low-income 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. lower income units are identified are zoned for
at least 30 units per acre.

See base document H1.9 (code amendment to
require that properties designated for mixed
use sites in the Sites Inventory List to allow 100
percent residential uses and require that
residential uses occupy 50 percent or more of
the total floor area of a mixed-use project, and
establish a minimum density for mixed-use
projects elsewhere in the City).
(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. (i) 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.
(i) 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 Sonoma-Marin Area Rail Transit station, housing density requirements in place on June 30, 2014, shall apply. 34

San Mateo City CouncilMay 20, 2024

San Mateo City Council
May 20, 2024