1 Santa Rosa – HCD Comments November 1, 2022
Revisions are shown in yellow highlights in the Housing Element Comment # H CD Comment Response
1 Review and Revise: The element should evaluate the effectiveness of Program H-D-12, H -D-13, H-D-14, H-D-15, and H-D-16. These programs should provide a description of the actual results or outcomes of the prior housing-element’s goals (what happened), objectives, policies, and programs. The results should be quantified where possible (e.g., number of units rehabilitated) and may be qualitative where necessary (e.g., mitigation of governmental constraints).
2 AFFH – Enforcement and Outreach: According to third party comments received there are multiple lawsuits against the City related to violations of unhoused people’s civil rights and discrimination against people with disabilities. The element must include findings, lawsuits, enforcement actions, settlements, or judgments related to fair housing or civil rights.
3 AFFH – Integration and Segregation: The element includes data on integration and segregation at the local and regional level for race, disability and familial status; however, it does not include sufficient regional information to adequately compare income to the City.
The element must include additional information related to income on a regional level.
4 AFFH – Access Disparities in Access to Opportunity: The element provided information on education on a local level; however, it does not provide sufficient regional information to adequately compare education to the City. For example, the element could provide a comparison on a local and regional level based on statistics such as performance levels of school districts. In addition, for economic the element states the City has sim ilar unemployment rate as other jurisdictions in the North Bay region, however it does not provide statistics on similarities.
5 Housing Conditions: While the element includes some information on the age of the housing stock, it must also estimate the number of units in need of rehabilitation and replacement. For example, the analysis could use code enforcement activity to calculate a city-wide estimate.
Attachment 2
2 6 Approved/Pending Sites: The housing element relies on approved/pending projects to accommodate the City’s regional housing need for lower-income households. While the housing element includes the number of units for each project by income group, it does not provide an analysis demonstrating the affordability. The element should describe the status of the project, including any necessary approvals or steps prior to development, development agreements, conditions, or requirements such as phasing or timing requirements that impact development in the planning period, and the affordability of the project’s units based on anticipated rents, sales prices or other mechanisms (e.g., financing, affordability restrictions) ensuring their affordability.
7 Realistic Capacity: While the element provides assumptions of realistic capacity of 80 percent on vacant sites and assumes 50 percent on the Downtown Station Specific Plan to plan for any nonresidential uses, it must also provide support for these assumptions. For example, the element should demonstrate what specific trends, factors, and other evidence led to the assumptions. The estimate of the number of units for each site must be adjusted as necessary, based on the land use controls and site improvements, typical densities of existing or approved residential developments at a similar affordability level in the City, and on the current or planned availability and accessibility of sufficient water, sewer, and dry utilities. The element includes three project examples on Table 5-5 to demonstrate realistic capacity, however it is unclear if the three examples represent a trend for all developments at similar affordability levels in the City.
8 Large Sites: The element includes one site larger than ten acres (Site 7, APN 036-011-041 is 10.43 acres). Sites larger than ten acres in size are deemed inadequate to accommodate housing for lower-income housing unless it is demonstrated 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 housing element describes other evidence to HCD that the site is adequate to accommodate lower income housing (Gov. Code, § 65583.2, subd. (c)(2)(A).). For example, a site with a proposed and approved housing development that contains units affordable to lower -income households would be an appropriate site to accommodate housing for lower-income households. (Gov. Code, § 65583.2, subd. (c)(2)(C).).
9 Electronic Sites Inventory: For your information, pursuant to Government Code section 65583.3, the City must submit an electronic sites inventory with its adopted housing element. The City must utilize standards, forms, and definitions adopted by HCD. n/a
3 10 Processing and Permit Procedures: The element must evaluate the processing and permit procedure impacts as potential constraints on housing supply and affordability. The element should describe and analyze the total permit and entitlement process for a typical single -family unit, subdivision, and multifamily project. Description should include typical processes required for single-family and multifamily projects and an estimate of total typical time necessary to complete the entitlement process. The element should clarify how the estimated total processing time on Table 6 -7, page 6 -22 aligns with the timelines for permit procedures on Table 6-8. In addition, the element states the streamlined process for housing projects within the City’s PDAs sunsets in December 2023. The element should ev aluate this requirement and what happens after December 2023.
While the element describes the design review findings and process, it must analyze the requirements. As shown on page 6-24, many of the findings for approval are subjective and must be evaluated for impacts on housing cost, supply, timing and approval cer tainty. This is particularly critical as it appears that every application for development permit must go through a design review.
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11 Growth Control: While the element states the City is exempt from the growth management aspect of The Housing Crisis Act (Government Code section 66300, subdivision (b)(1)(D)) because the City is located with an agricultural/rural County, it must support this statement by describing how the County meets the “predominantly agricultural county” designation pursuant to
Government Code 66300(b)(1)(E).
12 Homelessness: Pursuant to third party comments there is a significant concern on how the City is addressing homelessness. The element should describe in more detail the Community Homeless Assistance Program (CHAP), its use, and if there are any constraints in the use o f the program. In addition, the element should also analyze the types and characteristics of shelter options within the City and their accessibility to people with varying types if disabilities including developmental and mental health.
13 Program H -20 (Housing for Persons Experiencing Homelessness): Currently the program commits to explore new models for providing temporary housing solutions in response to emerging needs and emergency situations, including non -congregate shelters. To demonstrate Program H-20 will have a beneficial impact within the planning period, the program should be amended to include specific commitment to deliverables, measurable metrics or objectives, definitive deadlines, dates, or benchmarks for implementation. For example, the element could
4 commit to an action, such as adoption of policies to promote new models or allocation of funding for new models.
14 Constraints on Housing for Persons with Disabilities: While program H-34 commits to review and revise reasonable accommodation findings including the finding regarding “potential impacts on surrounding uses” the program should also ensure that the revised reasonable accommodation procedure is consistent with federal and state guidance related to reasonable accommodation.