The purpose of this report is to update the Board of Supervisors on the status of the second and final review of the County’s adopted 2009 Housing Element by the California Department of Housing and Community Development (State HCD). State HCD is charged with reviewing and certifying the compliance of a city or a county General Plan Housing Element pursuant to Government Code section 65585. State housing element law provides for two rounds of review by State HCD (60-day review for draft and 90-day review for final) before certification of compliance is determined. The certification of compliance by State HCD for the County’s Housing Element will insure that Contra Costa County remains eligible for funding through state housing programs.
The Board of Supervisors conducted a public hearing for the 2009 Housing Element update on July 21, 2009, and under Resolution No. 2009/348 adopted the Housing Element, as recommended by the County Planning Commission. Following the Board’s July action, the adopted Housing Element was submitted to State HCD for final review and certification of compliance with State housing element law. A copy of the Housing Element adopted by the Board of Supervisors is attached as Exhibit #1 to this report.
On October 30, 2009, the Department of Conservation and Development was informed by State HCD that the Housing Element, as adopted by the Board of Supervisors on July 21, 2009, would meet the statutory requirements of the State housing element law provided certain minor revisions are incorporated into the element. These revisions to the element were drafted in consultation between staff from the County and State HCD following the County’s submittal to State HCD of the adopted Housing Element for final review. A copy of the October 30, 2009 letter from State HCD is attached and listed as Exhibit #2 to this report. As noted in their October 30, 2009 letter, State HCD has indicated that the element will comply with the State housing element law when the draft revisions are incorporated into the 2009 Housing Element and then re-submitted to State HCD.
STATE HCD REVIEW COMMENT - DRAFT REVISIONS TO COUNTY HOUSING ELEMENT
The draft revisions to the Housing Element involve adding new text and elaborating or adding to the housing programs listed in the element. State HCD believes these revisions are necessary for them to certify the County’s Housing Element in compliance with State housing element law. The following is a summary of State HCD's latest review comments and proposed revisions to the adopted Housing Element prepared in response to the review:
- At-Risk Units - HCD Review: Housing Element’s analysis of assisted housing at-risk of converting to market rate should elaborate on options for transfer of ownership to qualified entities.
Proposed Revision Per State HCD Review: Insert to Housing Element pages 6-33 to 6-34, under “E. Loss of Assisted Housing”, adding new text that lists 3 qualified entities that might receive transfer of ownership for the at-risk units in the Rivershore Apartments.
- Licensed Residential Care Facilities - HCD Review: Housing Element needs to discuss and explain County’s recent experience with approving licensed residential care facilities.
Proposed Revision Per State HCD Review: Insert to Housing Element at page 6-48, under “2. Provisions for a Variety of Housing”, under subheading “Licensed Care Facilities:”; add text explaining recent experience in processing of land use permit applications for residential care facilities with more than six beds.
- Water & Service Providers - HCD Review: Housing Element needs to acknowledge that pursuant to State law water and sewer service providers must grant priority service to affordable housing projects.
Proposed Revision Per HCD Review: Insert to Housing Element at pages 6-62 to 6-63, under “2. Infrastructure and Public Service Constraints”, add new paragraph in middle of page 63 on CA Govt. Code Sec. 65589.7, to note that water and sewer service providers must establish priority procedures and grant priority water and sewer service to developments with affordable units and local jurisdiction must make Housing Element immediately available to them.
- Emergency Shelters - HCD Review: Housing Element program to establish zoning district where emergency shelters will be allowed without conditional use permit pursuant to S.B. 2 must clarify that development standards will be the same as those within the selected district.
Proposed Revision Per HCD Review: Insert to Housing Element at page 6-108, under “Housing Programs, Review and Update of Zoning and Subdivision Ordinance”, add language to the description of the 5-year Program Objective to clarify that development standards for emergency shelter will be the same as those within the selected zone (C: Commercial District) where a shelter can be established without conditional use permit.
- Extremely Low Income Housing - HCD Review: Housing Element should add new category to the Housing Program to address need for development of housing for extremely low income households and add Extremely Low Income as a category to the element’s quantified 5-year objectives.
Proposed Revision Per HCD Review: Insert to Housing Element text at pages 6-103 to 6-104, “Housing Affordability”, to add new program entitled “Extremely Low Income Housing Development Assistance”; insert to Housing Element, at page 6-111, Table 6-41: Housing Implementation Programs Summary, new item 19.a “Extremely Low Income Housing”, under the subheading “Housing Affordability”; and, insert Extremely Low Income category into Table 6-42: Quantified Five-Year Objectives, at page 6-113.
- North Richmond Specific Plan - HCD Review: The preparation of a Specific Plan to establish new residential neighborhood in North Richmond should be added as a new Housing Program to the Housing Element.
Proposed Revision Per HCD Review: Insert to Housing Element at page 6-106, under “Provision of Adequate Residential Sites”, new program item entitled “NORTH RICHMOND SPECIFIC PLAN”. Insert to Housing Element, page 6-111, Table 6-41, Housing Implementation Programs Summary, new item 23.a, “North Richmond Specific Plan”, under the sub-heading “Provision of Adequate Housing Sites”.
- Accessible Housing - HCD Review: Housing Element should elaborate on provisions for housing persons with special needs and procedures to provide reasonable accommodations and add reasonable accommodation as new housing program category.
Proposed Revision Per HCD Review: Insert new paragraph to Housing Element at page 6-102 under heading “ACCESSIBLE HOUSING”, to indicate County will formalize procedures to facilitate housing for persons with special needs and remove constraints to such housing development and document these reasonable accommodations procedures; insert to Housing Element at page 6-110 under Table 6-41: Housing Implementation Programs Summary: Special Needs Housing, to add 15 (a) “Reasonable Housing Accommodation” as new program under sub-heading “Special Housing Needs”.
Attached for the Board’s consideration are inserts to show where the revisions to the element would be made based on State HCD review comments as referenced in their October 30, 2009 letter (see inserts listed under Exhibit #3). A report was presented to the County Planning Commission on December 1, 2009 on these draft revisions to the adopted Housing Element.
The Department does not believe the draft revisions substantially modify or alter the goals, policies, programs, or implementation measures in the Housing Element adopted by the Board of Supervisors on July 21, 2009. The draft revisions proposed are minor in nature, and are intended to provide further clarification or elaboration; and, based on consultation with State HCD, should provide assurance that the element will be certified in compliance with State housing element law. The Department recommends the Board adopt the draft revisions to the adopted Housing Element as presented in this report and authorize the Director to re-submit the revised Housing Element to State HCD for their final determination and certification of compliance with State housing element law.
There are potential negative consequences for Contra Costa County if the Housing Element is not revised pursuant to State HCD’s latest review and re-submitted for final determination and certification of compliance with State housing element law. These potential negative consequences include:
- The County could become ineligible or non-competitive for grant funding by the state for housing programs, and possibly future transportation program funding.
- The County could become vulnerable to lawsuits for failure to comply with State law mandating an update of the Housing Element. It is noted that several jurisdictions throughout the state have been successfully sued by housing advocates and/or the home building industry for either inadequacies with their Housing Element or failure to comply with timely submittal of their Housing Element to State HCD. The City of Pleasanton was recently sued by the State Attorney General for failure to adopt and implement its Housing Element.