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Housing Element Updates. Division of Housing Policy Development State Department of Housing and Community Development

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Housing Element Updates

Division of Housing Policy Development State Department of Housing and Community

Development

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Getting Ready for the 6 th Cycle

Local Early Action Planning Grants

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Cities and Counties

1. Accelerate Housing Production

2. Facilitate compliance to implement 6th cycle

RHNA

Planning

Documents and Process

Improvements

One-time

funding

($119 M)

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Award Amounts for LEAP

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Jurisdiction Size (in pop.) Maximum Award Amount

750,000 or greater $1,500,000 300,000 to 749,999 $750,000 100,000 to 299,999 $500,000 60,000 to 99,999 $300,000 20,000 to 59,999 $150,000 Less than 20,000 $65,000

Minimum Award Amount: $25,000

Max award amounts are based on population estimates posted as of January 1, 2019

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6 th Cycle Housing Elements

What to expect

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Housing Element Process

RHNA

• HCD Develops the Regional Housing Needs Allocation (Number of new housing units needed over a 8 year period)

• Council of Governments distributes RHNA to each jurisdiction

Housing Element

• Each jurisdiction plans for their RHNA in the housing element of the general plan

• Develops action plan to “set the table for development”

Housing Element Implementation

• Jurisdiction implements the action plan to encourage housing growth

• Jurisdiction submits annual report on housing to HCD

Enforcement

• HCD responds to complaints from stakeholders regarding lack of action to implement housing plan or violation of state housing law

• HCD can remove compliance of housing element or refer to the Attorney General

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6th Housing Element Cycle Timeframes

North State Counties (2019 - 2027) – 24 Juris.

2019 2032

Association of Bay Area Governments, Butte County, Del Norte 2023 - January 2030 – 117 Juris

Central Coast, San Joaquin, and Stanislaus Council Governments (2023-2031) – 48 Jurs.

Central Valley Jurisdictions (2024 – 2032) 52 Juris.

5-year Counties (2019 - 2024) – 17 Jurs.

Shasta, Colusa, San Luis Obispo (2020 - 2028)- 15 Jurs San Diego, Sacramento, and Southern California

Association of Governments, other small Counties (2021 - 2029)- 266 Jurs.

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Housing Element Process

8 Housing

Needs

Available Land and Financial Resources

Development Barriers

• Rezone land to accommodate RHNA

• Provide financial/regulatory incentives for housing development

• Zone for multifamily, farmworker, ADU,etc

• Upgrade housing stock

• Consider housing opportunities for for special needs groups (seniors, disabled, homeless)

• Address displacement and loss of affordable housing

• Ensure fair housing

Public Outreach

• Reduce parking requirements

• Reduce impact fees

• Streamline application review process

Develop Programs w/ Quantified Objectives (“Action Plan”) Evaluate Effectiveness of Past Programs

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Review and Revision of Previous Element

Progress

-Including any required rezones (AB 1233) Effectiveness

Appropriateness

*NEW* AB 139 (Statutes of 2019): Effectiveness of the housing element goals, policies, and related actions to meet the community’s housing needs for special needs populations.

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New Provisions for Emergency Shelters and Quantification of Need - AB 139 (2019)

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• Parking requirements only for staff

• Need analysis 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.

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*New* AB 686 (Statutes of 2018)

Requires all public agencies (State and Local) to administer programs and activities relating to housing and community development in a manner to affirmatively further fair

housing, and to not take any action that is materially inconsistent with this obligation.

Affirmatively Further Fair Housing:

• Take meaningful actions to address significant disparities in housing needs and in access to opportunity

• Replace segregated living patterns with truly integrated and balanced living patterns

• Transform racially and ethnically concentrated areas of poverty into areas of opportunity

• Foster and maintain compliance with civil rights and fair housing laws

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AB 686 - Mini Assessment of Fair Housing

• Summary of fair housing issues, an assessment of fair housing enforcement and outreach capacity

• An analysis of data, integration and segregation patterns and trends, racially or ethnically concentrated areas of poverty (R/ECAPs), disparities in access to opportunity, and

disproportionate housing needs including displacement risk

• Identify fair housing priorities and goals, giving highest priority to those that limit or deny fair housing choice or access to

opportunity, or negatively impact fair housing or civil rights compliance

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AB 686 - Mini Assessment of Fair Housing Cont.

• Identify metrics and milestones for

determining what fair housing results will be achieved

• Strategies and actions to implement those priorities and goals, which may include, but are not limited to, enhancing mobility

strategies and encouraging development of new affordable housing in areas of

opportunity, as well as place-based strategies to encourage community revitalization,

including preservation of existing affordable

housing, and protecting existing residents

from displacement

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The element must describe the local government’s regulatory

environment for development and analyze potential and real barriers to developing housing for all income levels including:

Development Constraints

Land use controls

Building codes and enforcement

Infrastructure requirements

Fees and exactions

Permit and processing procedures

*NEW* Local ordinances that impact cost and supply of residential development (AB 879, 2017)

Accessibility requirements for persons with disabilities

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Programs must be included to mitigate or remove any barriers identified

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How do you accommodate new housing laws?

• Streamlined Ministerial Approval Process Application (SB 35, 2017)

• Allowing Low Barrier Navigation Centers by-right (AB 101, 2019)

• Allowing Supportive Housing By Right (AB 2162, 2018)

• Density Bonus Provisions

• Accessory Dwelling Unit Provisions

• Application requirements (SB 330, 2019)

• Online Fee Transparency (AB 1483, 2019)

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Non-governmental Constraints

• Availability of financing

• Price of land

• Cost of Construction

• *NEW* Local efforts to address non-government constraints that create a gap in the ability to meet RHNA by income category (AB 879,2017)

• *NEW* Identify and analyze requests to develop at densities below the density identified in the sites inventory (AB 879,2017)

• *NEW* describe and analyze the length of time

between project approval and request for a building permit (AB 879,2017)

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New Site Inventory Specific Requirements

Must identify sites with an APN (AB 1397, 2017)

Determination if parcels included in the inventory have sufficient water, sewer, and dry utilities supply available and accessible to support housing

development. Can be included in an existing general plan program or other mandatory program or plan to secure sufficient water, sewer, and dry utilities supply to support housing development on the site (AB 1397, 2017)

Are sites identified throughout the community in a manner that affirmatively furthers fair housing? (AB 686, 2018)

Small and large site analysis(AB 1397, 2017)

New enhanced nonvacant site analysis (AB 1397, 2017)

The RHNA income category the parcel is expected to accommodate (AB 1397, 2017)

If the parcel was used in previous planning period sites inventory (AB 1397, 2017)

Indicate if the site is publicly owned (AB 1483, 2019)

Sites inventory must be on forms developed by HCD, and submitted

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Adequate sites

Facilitate housing

development for low- &

moderate-income

households (including extremely low)

Remove/mitigate constraints Conserve/improve existing stock

Preserve units at-risk Promote equal housing opportunities/ Affirmatively Further Fair Housing

NEW: Promote ADUs for lower- and moderate-

income households

Housing Programs

Must include a definitive date, deadline, or

benchmarks for

implementation to realize

“beneficial impact” within the planning period.

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Available New Technical Assistance

• LEAP funds TA

• New Sites Inventory Guidebook

• AB 686 Guidance

• Updated Building Block

If you have a question, please reach out!

We are here to help!

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Thank You

20

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