March 29, 2022 Page 1
This meeting will be conducted consistent with Assembly Bill 361 and Government Code section 54953(e) (contingent upon City Council action) which suspends certain requirements of the Ralph M. Brown Act and provides the use of teleconferencing to make public meetings accessible by phone or computer, and guidance from the California Department of Public Health on gatherings. The Council Chamber will not be open for the meeting. Remote public participation is allowed in the following ways:
Viewing the meeting:
Council meetings can be seen live on the City of Vacaville’s website at www.cityofvacaville.com (select the link to view the meeting from the Agendas/ Minutes page), on the City’s YouTube account, or Cable Channel 26. Comments on agenda items can be emailed to the City Clerk up to 4:30 p.m. prior to the meeting by emailing
[email protected]. Please include the item number of which you wish to comment. Written comments will be provided to the City Council for consideration before Council action and will be made available to the public for review. Comments received are kept as part of the record of the meeting. In compliance with the Americans with Disabilities Act, if you need special assistance contact the City Clerk’s Office at (707) 449-5100.
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1. ROLL CALL
City Council
Mayor Ron Rowlett
Vice Mayor Nolan Sullivan
Council Member Roy Stockton, District 1
Council Member Greg Ritchie, District 2
Council Member Michael Silva, District 3
Council Member Jason Roberts, District 5
Council Member Jeanette Wylie, District 6
AGENDA FOR THE SPECIAL JOINT MEETING OF THE
CITY COUNCIL AND PLANNING COMMISSION
OF THE CITY OF VACAVILLE
March 29, 2022
6:00 p.m.
VIA TELECONFERENCE ONLY
March 29, 2022 Page 2
2. ADMINISTRATION OF OATH OF OFFICE FOR PLANNING COMMISSIONERS
3. ROLL CALL
Planning Commission
Brandon Kline, Planning Commissioner
Michael Fortney, Planning Commissioner
Noel Vargas, Planning Commissioner
Ralph Lightfoot, Planning Commissioner
Edward Lebonte, Planning Commissioner
Amanda Rudeen, Planning Commissioner
John Wilkerson, Planning Commissioner
4. PUBLIC COMMENT - In accordance with Govt. Code §54956, public comment is limited to business listed on the agenda.
5. JOINT MEETING OF THE CITY COUNCIL AND PLANNING COMMISSION TO RECEIVE
AN INFORMATIONAL PRESENTATION ON THE HOUSING ELEMENT, SAFETY
ELEMENT, AND ENVIRONMENTAL JUSTICE ELEMENT
(Staff contact: Tyra Hays, Senior Planner (707) 449-5366) Recommended Action:
Receive a presentation on the Housing Element, Safety Element, and Environmental Justice Element.
Fiscal Impact:
Amount Requested: No additional funding is required or requested for this item.
Funding Source: Not applicable
Budget Distribution: Not applicable
Strategic Plan Goal/Initiative:
Goal #2 – Strengthen the Local Economy
Initiative 2B: Manage Impacts from Growth
Goal #3 – Protect Vacaville’s Quality of Life
Initiative 3A: Promote Housing for All
Pg. 3
I declare that the agenda for the Special Meeting of the City Council was posted and available for review by the time and place prescribed by law.
March 24, 2021
Michelle A. Thornbrugh, City Clerk Date
Agenda Item No. 5
March 29, 2022
TO: H
onorable Mayor and City Council Members
Attention: Aaron M. Busch, City Manager
FR
OM: Erin Morris, Community Development Director
(Staff contact: Tyra Hays, Senior Planner (707) 449-5366) SUBJ
ECT: JOINT MEETING OF THE CITY COUNCIL AND PLANNING COMMISSION TO
RECEIVE AN INFORMATIONAL PRESENTATION ON THE HOUSING
ELEMENT, SAFETY ELEMENT, AND ENVIRONMENTAL JUSTICE ELEMENT ACTIONS FOR CONSIDERATION:
Thi
s is an informational report on the Housing Element, Environmental Justice Element, and Safety Element. No action is required.
RECOMMENDATION:
Rec
eive a presentation on the Housing Element, Safety Element, and Environmental Justice Element.
BACKGROUND:
Over the past decade, State laws have linked hazard mitigation, climate adaptation, and environmental justice with other planning efforts. This means certain General Plan elements, such as the Housing Element, Safety Element, and Environmental Justice Element, and other documents, such as the Local Hazard Mitigation Plan, are required to be updated concurrently to ensure the documents are consistent with one another and address community resiliency.
Figure 1 shows the relationship between five State laws that require greater integration of resiliency into local long-range planning. Many communities have other resilience related plans (e.g. community wildfire protection plans, climate adaptation plans) that can also inform the General Plan elements.
Source: Association of Bay Area Governments (ABAG: Briefer 1 – Concurrent General Plan Element Update Considerations
3 On September 28, 2021, the City Council authorized the City Manager to enter into a consultant contract with Placeworks to prepare the Housing Element and Safety Element updates and an Environmental Justice Element in an amount not to exceed $418,829. Because three elements will be updated or created at the same time, and because concepts from the Environmental Justice Element may be integrated into other existing General Plan elements, staff considers the work program to be a focused General Plan Update. On March 29, 2022, Placeworks will present to a joint session of the City Council and Planning Commission to provide a general overview of these work efforts.
DISCUSSION:
HOUSING ELEMENT
S
ince 1969, California has required that all cities and counties adequately plan to meet the housing needs of everyone in the community. This is accomplished through a Housing Element, which is a required component of a local government’s General Plan. The General Plan is a long-term planning document that establishes policy direction consistent with the City's vision for the future. The purpose of a Housing Element is to identify current and projected housing needs and set goals, policies, and programs to address those needs. The components of the Housing Element include:
• A nalysis of existing and projected housing needs.
• I nventory of available land for housing (must be identified by parcel and must meet specific requirements for feasibility of development).
• A nal ysis of potential constraints on housing (e.g., permit processing procedures, fees).
• A ssessment of Fair Housing including assessment of fair housing impacts on different geographic areas and different groups who live in the city. This section focuses on analysis of segregation, racially or ethnically concentrated areas of poverty, disparities in access to opportunity, and disproportionate housing needs, including displacement risk. It also includes information about fair housing services available, local history related to fair housing, and how the sites inventory interfaces with the fair housing issues.
• E valuation of previous Housing Element (programs accomplished, still underway, or needing revisions).
• G oals, policies, and implementation programs.
Unlike other elements, or chapters, of the General Plan, the City must update the Housing Element on a mandated schedule, or “cycle.” The City's current Housing Element was adopted by the City Council in 2015 and covers the period from 2015 to 2023. To comply with State law, the City’s Housing Element must be updated to ensure the City’s policies and programs can accommodate estimated housing growth needs identified in the Association of Bay Area Government’s (ABAG) Regional Housing Needs Allocation (RHNA) for the 2023-2031 planning period. PlaceWorks will help prepare the updated Housing Element as part of the focused General Plan Update that is currently underway.
Regional Housing Needs Allocation (“RHNA”)
In May 2021, ABAG released the 6th cycle RHNA for the region. Table 1 lists the RHNA assigned to the City of Vacaville to meet its fair share of the State’s housing needs. The City of Vacaville was assigned a total of 2,595 units, 1,081 of which are lower income units (677 very low-income units and 404 low-income units). State housing law does not require the City to construct the allocated units within the planning period but does require that the City maintain an inventory of land that is adequately zoned to accommodate the RHNA 4 units. The City must report progress on meeting its RHNA numbers to the State each year as part of a Housing Element Annual Progress Report.
T
able 1. City of Vacaville Regional Housing Needs Allocations 2023-2031 Income Category % of Median Family
Income
Income Range, 4-
person Household
Regional
Housing Needs
Allocation
Very Low Income 50% or less $68,500 or less 677
Low Income 51-80% $68,501 - $109,600 404
Moderate Income 81-120% $109,601 - $150,700 409
Above Moderate
Income
More than 120% More than $150,700 1,105
Total 2,595
Note: 2021 Solano County Area Median Income for a Household of Four: $99,300. (Source: State Income Levels for 2021, Department of Housing and Community Development)
Housing Element Compliance
T
he adopted Housing Element must be approved by the California Department of Housing and Community Development (HCD). The purpose of HCD review is to ensure the Housing Element complies with Housing Element law, which includes accommodating the RHNA. In the past, penalties for adopting a non-compliant Housing Element were limited to private- party lawsuits (usually brought by housing advocacy groups and other special interests) and the loss of state funding, including gas tax money and the ability to apply for grants.
However, changes to Government Code section 65585 in 2019 added significant penalties for noncompliance including the option for action by the State if a jurisdiction does not have a certified Housing Element.
New Laws Affecting the Housing Element
The State adopted several new procedural laws that place additional requirements on Housing Element updates since the adoption of the last Housing Element, including, but not limited to:
Assembly Bill (AB) 1397: Non-Vacant Sites, where if more than 50% of sites identified for lower-income units are non-vacant, the law assumes that the existing use will prevent redevelopment unless there is evidence to the contrary. In addition, sites smaller than 0.5 acres or larger than 10 acres are presumed inappropriate for lower-income housing unless there is a track record of similar development. This means that a larger amount of evidence is required in the Housing Element to demonstrate that non-vacant sites or sites smaller than 0.5 acres or larger than 10 acres would likely develop as housing before 2031.
Senate Bill (SB) 166: No Net Loss Zoning states that if a project is approved on a Housing Element site with fewer units or a different income category than listed in the adopted Housing Element, the City must either make a written finding that other Housing Element sites are adequate to meet the Regional Housing Needs Allocation for lower- or moderate-income housing or identify and make available within 180 days other sites zoned at a density suitable for lower- or moderate-income housing.
In order to prevent the City from having to rezone new sites every time a project is approved that does not exactly match the Housing Element, HCD recommends that the inventory identify a “buffer” of additional sites that can accommodate housing. 5 SB 35 and SB 330: These laws are intended to reduce the time it takes to approve certain housing developments in California. SB 35 requires that the City have a Streamlined Ministerial Approval Process. Under SB 35, proposed multifamily residential projects in urbanized areas that meet objective standards, include at least 50 percent affordable units, do not demolish historic buildings, and do not have specific environmental or natural resource constraints are not required to go through an environmental review process or a discretionary public review process by staff, the Planning Commission, or the City Council. SB 330 includes provisions that provide more certainty about standards the City can apply to projects that submit under SB 330 and that prevent downzoning to reduce the number of new housing units that can be built on a site.
AB 686: Affirmatively Further Fair Housing creates new requirements to incorporate fair housing issues into the Housing Element, create land use and funding opportunities to increase affordable housing in high resource neighborhoods, and bring additional resources to traditionally under-resourced neighborhoods.
A
ccording to the bill, to affirmatively further fair housing means to take “meaningful actions, in addition to combating discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics.” The five main elements that all jurisdictions will need to incorporate fair housing principles into Housing Element updates are: (1) Targeted Community Outreach, (2) Assessment of Fair Housing, (3) Sites Inventory, (4) Identification and Prioritization of Contributing Factors, and (5) Goals Policies and Actions.
T
he four main goals of a fair housing assessment are to:
• A ddress significant disparities in housing needs and in access to opportunity. • R eplace segregated living patterns with truly integrated and balanced living patterns.
• T ransform racially and ethnically concentrated areas of poverty into areas of opp
ortunity.
• F oster and maintain compliance with civil rights and fair housing laws.
SB 9: Facilitates ministerial approval of additional housing units on parcels in single- family zones. SB 9 allows homeowners in most areas around the state to divide their property into two lots. It also allows two residential units (two homes or a duplex) to be built on each of those lots, with the effect of legalizing four units in areas that previously only allowed one home. HCD is currently developing guidance for how jurisdictions can incorporate potential SB 9 units as part of the Housing Element sites inventory.
Other laws affecting the Housing Element were passed in 2021 and will be addressed as part of Vacaville’s update.
HOUSING ELEMENT OUTREACH
The project team has completed initial outreach about the Housing Element, Housing Strategy, and housing issues in Vacaville, which will inform the draft Housing Element. Two community workshops were held on November 30, 2021 and February 2, 2022. As part of the Housing Strategy, a meeting with residential developers was held on November 18, 2021 to discuss potential barriers to housing production; this information will be 6 incorporated into the City’s housing initiatives including the Housing Element. Two additional housing workshops focused on county-wide housing issues were held by the Solano Planning Collaborative, of which Vacaville is a part, on January 26 and 27, 2022.
Virtual survey – Staff released a virtual survey, in English and Spanish, for the Housing Element. A total of 133 surveys were completed between November 17, 2021 and February 6, 2022. The results of the online survey will be included as an appendix to the Housing Strategy.
SAFETY ELEMENT
T
he Safety Element is a required chapter of the General Plan. The goal of the Safety Element is to reduce the short-term and long-term potential threats to community health and safety, and to foster a resilient local economy. An effective safety element sets forth policies that protect the health of all community members, reduce the risk of damage to buildings and key infrastructure, help foster a resilient local economy and natural ecosystem, and minimize the potential for economic and social dislocation.
E
vents in recent years have made it clear that historical threats to a community’s health and safety are no longer an accurate guide to future conditions. Moving forward, safety elements must prepare communities for threats of a type and magnitude that may not have previously existed in the area. This includes addressing indirect harm brought about by these changing conditions, such as the potential harm from power shutoffs that are intended to reduce wildfire risk. Climate adaptation and resiliency will be included as an integral component.
V
acaville has an existing Safety Element that was adopted as part of the 2015 General Plan.
This plan identifies the City’s goals, policies, and actions to maintain public safety including implementation of the Local Hazard Mitigation Plan (LHMP), maintenance of a comprehensive Emergency Response Plan, and similar actions. These goals, policies, and programs have been implemented since 2015. However, state law requires review of existing General Plan Safety Elements during preparation of a Housing Element Update to determine if updates are needed to respond to and incorporate the Office of Planning and Research’s (OPR’s) latest General Plan Guidelines for compliance with California Government Code 65302(g) updates resulting from SB 379 and 1035 regarding climate change adaptation and resilience and SB 1241, SB 99, and others related to wildfire mapping, mitigation, and evacuation routes.
C
alifornia SB 379 amended California Government Code Section 65302(g)(4) to require all general plans to include climate adaptation and resiliency strategies in their Safety Elements.
The bill requires the climate adaptation update to include a set of goals, policies, and objectives for communities based on the vulnerability assessment, and implementation measures.
Specifically, the bill requires the following:
• A
vulnerability assessment that identifies the risks that climate change poses to the community and the geographic areas at risk from climate change impacts. • A set of adaptation and resilience goals, policies, and objectives based on the i
nformation specified in the climate change vulnerability assessment for the protection of the community.
• A set of feasible implementation measures that are designed to carry out the goals, policies, and objectives identified pursuant to the climate adaptation and resiliency objectives.
In 2021, the City worked with Solano County and the other Solano County cities to create a countywide LHMP and a City-specific annex in compliance with State guidelines. Community outreach occurred during the development of the plan, including a community survey that 7 garnered 1,837 responses and regular meetings with a planning group comprised of agency staff, business organization, and environmental groups. Consideration of the Solano County Multi-Jurisdictional Hazard Mitigation Plan and annex is anticipated in the next few months. The City will integrate the LHMP by annexing or appending it to the Safety Element. This will ensure that the City is eligible for post-disaster funding from the State of California. Staff will review the draft Safety Element with the Planning Commission in mid-summer.
ENVIRONMENTAL JUSTICE ELEMENT
Throughout California, low-income communities and communities of color have experienced a combination of historic discrimination, negligence, and political and economic disempowerment, with the result that today, they are struggling with both a disproportionate burden of pollution and health impacts, as well as disproportionate social and economic disadvantages such as poverty or housing instability. Adopted in 2016, SB1000 requires cities to identify “disadvantaged communities” within their jurisdiction as part of the General Plan process; these areas are also referred to as “environmental justice” communities. The purpose of the legislation is to alleviate pollution and health impacts, and to compel cities and counties to include the voices of previously marginalized residents in long-range planning decisions.
Environmental justice is a new legal requirement for the General Plan, but more importantly it is a topic of interest for Vacaville residents. While Vacaville does not contain any legally defined disadvantaged communities through the lens of current state law, it does contain census tracts that are at or below 80% of the statewide median income. Therefore, the City is being proactive with the creation and inclusion of goals, policies, and programs within its General Plan to improve environmental justice within the City. Additional ideas and input from the community will be crucial to addressing environmental justice in the General Plan.
Under SB 1000, environmental justice in the General Plan should address specific topics in the new or updated background content, goals, policies, and objectives, including the following:
• Reducing pollution exposure and improving air quality. • Ensuring equitable access to public facilities and services for all communities in V
acaville.
• Improving access to affordable and nutritious food.
• Promoting safe and sanitary homes.
• Expanding the equitable distribution of access to parks and open space and other opportunities for physical activity, including biking and walking. • Supporting civic engagement and public participation by those who have been pr
eviously under-represented.
• Prioritizing improvements and programs that address the needs of disadvantaged c
ommunities.
I
n addition to the above, adopting Environmental Justice goals, policies, and programs will make the City eligible for various grant funding opportunities, and supports Housing Element efforts to affirmatively further fair housing.
SCHEDULE
A
Public Draft Housing Element will be released for public review in June 2022. The Draft will be presented to Council and Planning Commission in July/ August to elicit comments, and then the Draft will be sent to HCD for initial review. Following HCD review and comment, a Final Draft will be prepared and will undergo a second round of review by HCD. This work is anticipated to conclude in late 2022. Work on the Environmental Justice and Safety Elements will culminate with production of draft elements in early 2023. All three elements will be scheduled for formal consideration by Planning Commission and Council in the first quarter of 2023. 8 ENVIRONMENTAL REVIEW:
T
he proposed Housing, Safety, and Environmental Justice Element updates will be subject to the California Environmental Quality Act (CEQA) in the form of an addendum or supplemental Environmental Impact Report (EIR) to the General Plan EIR.
FISCAL IMPACT:
O
n September 28, 2021, the City Council authorized the City Manager to enter into a consultant contract with Placeworks for the Housing Element, Safety, and Environmental Justice updates in an amount not to exceed $418,829. The City received $300,000 in grant funding from the California Department of Housing and Community Development, and an additional $33,236 from the Metropolitan Transportation Commission and the Association of Bay Area Governments for the preparation of the Housing Element. The remaining $85,593 was approved through a budget augmentation.
A
mount Requested: No additional funding is required or requested for this item.
Fundi
ng Source: Not applicable
B
udget Distribution: Not applicable
ALTERNATIVES:
T
he City Council could elect not to receive the informational presentation.
STRATEGIC PLAN GOALS/ INITIATIVES:
G
oal #2 – Strengthen the Local Economy
Initiative 2B: Manage Impacts from Growth
G
oal #3 – Protect Vacaville’s Quality of Life
Initiative 3A: Promote Housing for All
ATTACHMENTS:
A
ttachment 1: General Plan Update Summaries: Housing, Safety, and Environmental Justice Elements
9 GENERAL PLAN UPDATE
for the City of Vacaville, California
What is the General Plan Housing Element?
Safety
Safety
9 Required Elements of The General PlanConservation
Conservation
AirQ
uality
Air Q
uality
Land Use
Land Use
Noise Noise
Circulation
Circulation
O
pen Space
O
pen Space
Environmental
Environmental
Justice
Justice
HousingHousing
For more information on General Plans, Housing Elements, and the California planning process, visit: https://opr.ca.gov/ What is a General Plan?
Each city, town and county in the state of California
is required to develop a General Plan, a long-term
“blueprint” or reference document used to guide
decision making regarding the maintenance and
development of the community. The General Plan
is structured by chapters called “Elements” which
contain goals and policies related to that Element’s
topic. The structure of a General Plan is flexible, but the State requires that certain baseline Elements be
a part of every city, town, or county’s General Plan.
What does the Housing Element
contain?
The Housing Element analyzes a city, town or
county’s particular housing need, assesses fair
housing conditions, and provides specific goals,
policies, and programs aimed at responding to
identified issues to help facilitate the development
of additional adequate housing in the community.
How does the Housing Element
affect housing planning and
production?
A component of the Housing Element called
the Regional Housing Needs Allocation (RHNA,
usually pronounced “ree-nah”) sets specific
housing production targets using statistics like
population growth, income distribution, vacancy
rates, overcrowding, cost burden, and units lost
to demolitions or fires. The results of the RHNA
determine a target housing production “allocation”
which each city, town and county must aim to help
facilitate during the subsequent 8-year cycle.
ATTACHMENT 1
10 GENERAL PLAN UPDATE
for the City of Vacaville, California
What is the General Plan Environmental Justice Element? Safety
Safety
9 Required Elements of The General PlanConservation
Conservation
AirQ
uality
Air Q
uality
Land Use
Land Use
Noise Noise
Circulation
Circulation
Housing
Housing
O
pen Space
O
pen Space
Environmental Environmental
JusticeJustice
For more information on General Plans, Housing Elements, and the California planning process, visit: https://opr.ca.gov/ What is a General Plan?
Each city, town, and county in the state of California
is required to develop a General Plan, a long-term
“blueprint” or reference document used to guide
decision-making regarding the maintenance and
development of the community. The General Plan
is structured by chapters called “Elements” which
contain goals and policies related to that Element’s
topic. The structure of a General Plan is flexible, but the State requires that certain baseline Elements be
a part of every city, town, or county’s General Plan.
What is the Environmental Justice (EJ)
Element?
The Environmental Justice (EJ) Element is a State-
required Element. The EJ Element is the newest of
the required elements, created in recognition of how
planning can influence health and equity outcomes
across communities, and in acknowledgement of
a history of discrimination through unjust land use
policies and practices.
What does the EJ Element address?
The EJ Element is distinct from the Conservation
Element, which focuses on natural resources. In
the EJ context, “environmental” refers to our living
environments, and specifically to the health, safety, and opportunities available in different communities. This
may include natural resources like air quality, but also fresh food and housing access, civic empowerment,
and infrastructure investment. The EJ Element must
propose methods for a more equitable distribution
of resources and opportunities, and for rectifying the
impacts of environmental hazards in disadvantaged
communities.
Where is the EJ Element required?
CalEnviroScreen is a tool used to identify communities
disproportionately burdened by multiple sources of
pollution and with population characteristics that
make them more sensitive to pollution. Communities
identified as disproportionately impacted by,
or vulnerable to, environmental pollution and
contaminants are required to complete an EJ Element.
However, all jurisdictions are encouraged to integrate
EJ goals and policies throughout their general plans, or as a separate Element.
11 GENERAL PLAN UPDATE
for the City of Vacaville, California
What is the General Plan Safety Element?
9 Required Elements of The General PlanConservation
Conservation
AirQ
uality
Air Q
uality
Land Use
Land Use
Noise Noise
Circulation
Circulation
Housing
Housing
O
pen Space
O
pen Space
Environmental
Environmental
Justice
Justice
SafetySafety
What is the Safety Element?
The Safety Element is a State-required Element.
The Safety Element addresses natural hazards like
earthquakes, fires, floods, and droughts, as well as
evacuation and emergency response capacities.
The Safety Element must identify hazards and
provide risk reduction strategies, which in some
cases may take the form of guidance regarding
land use decisions. Some communities also address
topics like airport land use and hazardous material
management in their Safety Elements.
Climate Change & the Safety
Element
The Safety Element must identify and address a
community’s particular vulnerabilities. In California,
climate hazards include severe weather, extreme
heat, and changes to the frequency and magnitude
of precipitation events, wildfires, and drought.
How is the Safety Element
connected to other parts of the
General Plan?
The Safety Element is intended to “reduce the
potential short and long-term risk of death, injuries,
property damage, and economic and social
dislocation” resulting from locally relevant safety
issues. The Safety Element directly relates to the
other Elements, as plans guided by these Elements
must adequately account for areas of increased
hazard risk.
What is a General Plan?
Each city, town, and county in the state of California
is required to develop a General Plan, a long-term
“blueprint” or reference document used to guide
decision-making regarding the maintenance and
development of the community. The General Plan
is structured by chapters called “Elements” which
contain goals and policies related to that Element’s
topic. The structure of a General Plan is flexible, but the State requires that certain baseline Elements be
a part of every city, town, or county’s General Plan.
For more information on General Plans, Housing Elements, and the C
alifornia planning process, visit: https://opr.ca.gov/
12