Resolution/Certifying Compliance with Housing Laws
Rev: 11/22/17
RESOLUTION NO. 23-9230
A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA,
TO COMPLY WITH STATE HOUSING LAWS
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
WHEREAS, the San Francisco region has the highest housing costs in the United States; and WHEREAS, the Bay Area produced less than 30% of the need for low- and moderate-income housing units from 2007-2014, and is on track to similarly underproduce low-income units during the 2015-2023 time period; and
WHEREAS, there are limited funding sources available to secure land for the construction of low- and moderate-income housing; and
WHEREAS, public lands can play a critical role in increasing the supply of land for affordable housing;
WHEREAS, accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) provide an important option to increase the availability and affordability of housing, especially in existing, lower density neighborhoods; and
WHEREAS, density bonuses are an effective tool to increase the financial feasibility of housing and incentivize the creation of affordable housing; and WHEREAS, the Metropolitan Transportation Commission adopted Resolution No. 4505, outlining the programming policy and project selection criteria for the One Bay Area Grant Program (OBAG 3), including certain requirements to access these funds. //
//
//
//
//
//
//
Resolution/Certifying Compliance with Housing Laws
Rev: 11/22/17
NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:
1. That the City agrees to comply with the terms of Surplus Land Act (California Government Code § 54220, et seq.), as exists now or may be amended in the future, including, but not limited to, AB 1255 (Rivas, 2019), which requires jurisdictions to compile and report annually an inventory of surplus lands to the California Department of Housing and Community Development;
2. That the City agrees to comply with state laws related to ADUs and JADUs, as they exist now or may be amended in the future, including, but not limited to California Government Code §§ 65852.150, 65852.2, 65852.22, et seq. and California Health & Safety Code § 17980.12;
3. That the City agrees to comply with state Density Bonus Law (California Government Code § 65915, et seq.), as exists now or may be amended in the future; and //
//
//
//
//
//
//
//
//
//
//
//
//
//
4. That the City warrants and represents that is in compliance with the aforementioned state housing laws and that except for those matters listed in Attachment 1, there are no claims , actions, suits, or proceedings pending to the best of the City's knowledge, alleging violations of the state housing laws by the City.
5. Effective date. This resolution shall become effective immediately .
I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED
AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA , AT A REGULAR MEETING THEREOF HELD ON THE 23Ro DAY OF MAY, 2023, BY THE FOLLOWING VOTE :
AYES: COUNCILORS:
NOES: COUNCILORS:
ABSENT: COUNCILORS:
ABSTAINED: COUNCILORS :
Attachments incorporated by reference :
Becker, Chahal, Hardy, Jain, Park, and Watanabe,
and Mayor Gillmor
None
None
None
ATTEST:,UJ_~~~~~ ~L._~ --
NORA PIMENTEL, C
ASSISTANT CITY CLERK
CITY OF SANTA CLARA
1. Potential Claims Against the City of Santa Clara Related to Housing Law Resolution/Certifying Compliance with Housing Laws
Rev: 11 /22/17
Attachment 1 – Potential Claims against the City Related to Housing Law – 4/11/2023
1. Housing E
lement Certification: The City is currently working through the Housing Element Update certification process. The City’s 6th cycle Housing Element Update was adopted by the City Council on January 31, 2023 and submitted to the state department of Housing and Community Development (HCD). HCD has indicated that they will have additional comments that need to be addressed by the City prior to their certification.
2. Comm
ents on the City’s Housing Element: The law firm Farella, Braun & Martel, representing the Housing Action Coalition, has submitted a comment letter on the City’s adopted Housing Element alleging non-compliance with State Law. The City is addressing the Housing Action Coalition letter along with HCD’s second round of comments for resubmittal in the next 60 days.