NOTICE OF SPECIAL MEETING
Pursuant to Section 54956 of the Government Code of the State of California, a Special Concurrent Meeting of the Tracy City Council and the Tracy Planning Commission is hereby called for:
Date/Time: Wednesday, March 22, 2023, 5:00 p.m.
(or as soon thereafter as possible)
Location: Tracy City Hall
333 Civic Center Plaza, Tracy, CA.
Government Code Section 54954.3 states that every public meeting shall provide an opportunity for the public to address the Tracy City Council on any item, before or during consideration of the item, however no action shall be taken on any item not on the agenda.
This meeting will be open to the public for in-person and remote participation pursuant to Government Code Section 54953(e)
For Remote Public Comment:
During the Items from the Audience, public comment will be accepted via the options listed below. If you would like to comment remotely, please follow the protocols below:
• Comments via:
o Online by visiting https://cityoftracyevents.webex.com and using the following Event Number: 2559 223 2001 and Event Password: Planning o If you would like to participate in the public comment anonymously, you may submit your comment via phone or in WebEx by typing “Anonymous” when prompted to provide a First and Last Name and inserting [email protected] when prompted to provide an email address. o Join by phone by dialing +1-408-418-9388, enter 25592232001#8722922# Press *3 to raise the hand icon to speak on an item
• Protocols for commenting via WebEx:
o If you wish to comment under “Items from the Audience/Public Comment” portion of the agenda:
Listen for the Mayor to open “Items from the Audience/Public Comment”, then raise your hand to speak by clicking on the Hand icon on the Participants panel to the right of your screen.
If you no longer wish to comment, you may lower your hand by clicking on the Hand icon again.
o Comments for the “Items from the Audience/Public Comment” will be accepted until the public comment period is closed.
March 22, 2023 Special Meeting
1. CALL TO ORDER
2. ACTIONS, BY MOTION, OF CITY COUNCIL PURSUANT TO AB 2449, IF ANY
3. ROLL CALL
4. Items from the audience - In accordance with Council Meeting Protocols and Rules of Procedure, adopted by Resolution 2019-240, a five-minute maximum time limit per speaker will apply to all individuals speaking during “Items from the Audience/Public Comment”. For non-agendized items, Council Members may briefly respond to statements made or questions posed by individuals during public comment; ask questions for clarification; direct the individual to the appropriate staff member; or request that the matter be placed on a future agenda or that staff provide additional information to Council.
5. DISCUSSION ITEMS
5.A. The City Council and Planning Commission, concurrently, receive an informational presentation regarding the City’s General Plan Housing Element Update, the “Builder’s Remedy” as provided for in the State Housing Accountability Act, and on-going City initiatives to help encourage housing production.
6. COUNCIL ITEMS AND COMMENTS
7. ADJOURNMENT
Mayor
Posting Date: March 17, 2023
The City of Tracy is in compliance with the Americans with Disabilities Act and will make all reasonable accommodations for the disabled to participate in employment, programs and facilities. Persons requiring assistance or auxiliary aids in order to participate, should contact the City Manager’s Office at (209) 831-6000 at least 24 hours prior to the meeting.
March 22, 2023
Agenda Item 5.A
RECOMM
ENDATION
Staff recommends that the City Council and Planning Commission, concurrently, receive an informational presentation regarding the City’s General Plan Housing Element Update, the “Builder’s Remedy” as provided for in the State Housing Accountability Act, and on- going City initiatives to help encourage housing production.
EXECUTIVE SUMMARY
The City initiated the State-required update to the City’s Housing Element after approving a Professional Services Agreement with Veronica Tam and Associates. The purpose of this S
pecial Concurrent Meeting is to receive a presentation on the status of the Housing Element update, highlight key issues and opportunities re garding the updat e, and receive information related to the Builder’s Remedy, which is par t of the State’s H ousing Accountability Act as well as on-going City initiatives to help encourage housing production.
BACKGROUND AND LEGISLATIVE HISTORY
Each city and county in California is requi red by State law to per iodically review and revise the General Plan Housing Element. During the review, the City is required to evaluate the goals and policies to attain State housing goals, the effectiveness of the Housing Element in attaining housing goals, and the progress of the City in implementing the Housing Element. Veronica Tam and Associates (VTA) was hir ed by t he City in June 2022 to help with the Housing Element review and update process for the 2023 to 2031 planning period.
ANALYSIS
The Housing Element, a State-required chapter of the General Plan, is the only element of the General Plan with a statutory requirement to be reviewed by the St ate and the onl y element with a requirement for a specific, regular update schedule. The State Department of Housing and Community Development (HCD) is required to review each jurisdiction’s Housing Element and determine if the element is in substantial compliance with State housing law.
In general, the Housing Element is required to (1) identify and analyze housing needs for all income levels; (2) contain goals and programs to preserve and develop housing; (3) identify adequate sites for housing; and (4) analyze governmental and nongovernmental constraints upon the maintenance and development of housing.
VTA and their subconsultant, Michael Baker International, will present during the meeting to summarize the Housing Element requirements, its review process, and specific topics related to Tracy’s Housing Element update that may require particular attention or follow-up efforts. A copy of the presentation is attached to this report as Attachment A. Some of the topics will include potential amendments to the City’s Zoning Map or Zoning Regulations to help provide for the City’s Regional Housing Needs Allocation (RHNA) – the number of new housing units the State concludes Tr
acy must accommodate during the next Housing Element Cycle. The presentation will also include information regarding the Builder’s Remedy (part of the State’s Housing Accountability Act) and on-going City initiatives to help encourage housing production.
Agenda Item 5.A
Special Concurrent City Council and Planning Commission Meeting March 22, 2023
FISCAL IMPACT
This agenda item does not request any expenditure of funds. On June 7, 2022, the City Council approved a Professional Services Agreement (Resolution No. 2022-066) with VTA for the Housing Element Update. City consultant costs to prepare the Housing Element update are paid by SB 2, REAP (Regional Early Action Planning), and LEAP (Local Early Action Planning) Planning Grant funds provided by the State through the State Department of Housing and Community Development. City staff time to work on this project is included in the City’s FY 2022/23 operating budget.
Additional direct City costs may be incurred if, through the Housing Element update process, the City concludes there are insufficient sites to accommodate the RHNA. City resources could be required to initiate Zoning Map amendments, related General Plan Map amendments, CEQA (California Environmental Quality Act) documentation, and associated costs.
PUBLIC OUTREACH / INTEREST
Notice regarding this Special Concurrent City Council and Planning Commission meeting was sent to housing advocacy groups, housing developers, public and private housing resource agencies, service providers, and other potentially interested parties. Direct interviews will be conducted with developers, housing advocates, and service provider stakeholders. Public outreach related to Housing Element policies and the draft Housing Element, including a web- based interactive program with public participants, will be broadly published on the City’s web site, social media, and sent directly to interested parties.
COORDINATION
The City will coordinate with the State Department of HCD to comply with draft policies and reviewing timeframes.
FOLLOW-UP
Following this Special Concurrent Meeting of the City Council and Planning Commission, City staff will undertake community outreach to receive public input regarding housing policy goals and actions. City consultants and City staff will prepare a draft Housing Element. The Planning Commission and City Council will conduct public hearings to review and approve the draft Housing Element. After review by the City Council, the draft Housing Element will be sent to the State Department of HCD for a 90-day review period. There may be more than one round of review and comments between the City and HCD. Upon completion of a final Housing Element, the City Council will conduct its final review and adopt the Housing Element. HCD will have another 60 days to review and find that the Element is in substantial compliance with State housing law.
STRATEGIC PLAN
This item relates to City Council Strategic Priority Goal Number 4, Implement Affordable Housing Initiatives.
Agenda Item 5.A
Special Concurrent City Council and Planning Commission Meeting March 22, 2023
ACTION REQUESTED OF THE CITY COUNCIL AND PLANNING COMMISSION S
taff recommends that the City Council and Planning Commission, concurrently, receive an informational presentation regarding the City’s Housing Element update, Builder’s Remedy, and on-going City initiatives to encourage housing production. No formal action is requested of the City Council or Planning Commission.
P
repared by: Alan Bell, Senior Planner
Re
viewed by: Bill Dean, Assistant Director of the Development Services Department Jaylen French, Director of Development Services Department Sara Cowell, Finance Director
A
pproved by: Midori Lichtwardt, Acting City Manager
A
TTACHMENTS
A
ttachment A – PowerPoint Presentation
City of Tracy
6th Cycle Housing Element Update
Concurrent Planning Commission and City Council Meeting March 22, 2023
Attachment A
Tonight’s Topic
•Introductions
•Housing Element Requirements
•Strategy for Regional Housing Needs Allocation
Consultant Team
Veronica Tam and Associates
Michael Baker International, Inc.
2 What is the Housing Element
3 One of nine required elements of the
General Plan
Assessment of City’s housing needs
and policies and how best to
accommodate existing and future
housing needs
Update required every eight (8) years
– Deadline for 6
th cycle: December
31, 2023
Reviewed for compliance by
California Dept. of Housing and
Community Development (HDC)
Housing Element Update Process
4 *Implementation
occurs over 8 years
State HDC Compliance
5 ENFORCEMENT AND COMPLIANCE CONSEQUENCES
•Maintain eligibility for grant funding
•Avoid rezoning limitation of one year
•Avoid risk of litigation (AB 72, AB 101)
•Avoid suspension of City’s authority to issue
building permits
•Avoid “Builder’s Remedy” (City can’t deny an
affordable housing project based on inconsistency
with the General Plan or zoning)
“Builder’s Remedy”
6 7
Regional Housing Needs
Allocation (RHNA)
8 Significant Changes to State
Law Since 5th Cycle
9 Significant Changes to State
Law Since 5th Cycle
10 Significant Changes to State
Law Since 5th Cycle
11 Not Meeting RHNA
Means….
Regional Housing Needs
Allocation (RHNA)
12 13
Regional Housing Needs
Allocation
Tracy’s 6th Cycle (2023-2031) vs 5th Cycle (2015-2023) RHNA 14 Regional Housing Needs
Allocation Breakdown
The City’s obligation is to provide sufficient land, zoned appropriately, to accommodate the RHNA.
15 Income Levels and Minimum
Density
Minimum density to meet low and Very-Low-income
levels is 20 dwelling units per acre (du/acre).
16 Site Inventory Requirements
17 Constraints to Site Capacity and
Selection
18 Accessory Dwelling Units
19 Rezoning Factors & Considerations
20 RHNA Site Approach
21 Tentative Schedule
22 • Concurrent CC/PC Mtng March 22, 2023
• Community Outreach and Engagement March – June, 2023 Study sessions, on-line survey,
stakeholder interviews, virtual
community workshop, Balancing Act
exercise
• Housing Element Preparation Ongoing thru May 2023 • PC, CC, and public review Draft HE May – June, 2023 • HCD 90-day review July – September, 2023 • Revise HE in response to HCD comment October, 2023 • Planning Commission hearing final HE November 15, 2023 • City Council hearing final HE December 5, 2023 • State Certification
This is a best-case forecast, assumes only one round of review with HCD, seamless public coordination with Draft HE prep, etc. 23 Status of Implementing
Council’s 2021 Housing
Implementation Tasks
Housing Implementation Tasks
24 Status of Implementing Council’s
2020 Workforce/Affordable
Housing Plan Cont.
25 26