BACKGROUND:
A. INTRODUCTION
California’s Housing Element Law acknowledges that, in order for the private market to adequately address the housing needs and demand of Californians, local governments must adopt plans and regulatory systems that provide opportunities for (and do not unduly constrain) housing development. As a result, housing policy in California rests largely on the effective implementation of local general plans and, in particular, local housing elements. DCD, in coordination with Housing Element (HE) consultants PlaceWorks, have been preparing an update to the County’s Housing Element as required by State Law. The updated HE addresses the ways in which the County would plan for its Regional Housing Needs Allocation (RHNA) share of units assigned by the Department of Housing and Community Development (HCD) and Association of Bay Area Governments (ABAG). The HE is used to meet the needs of residents of various income levels and needs within the community.
On November 18, 2022, the first draft of the HE was released for public review and comment. A copy of the draft is attached, can be found through the Envision Contra Costa 2040 website, and a public review hardcopy is available at the Department of Conservation and Development. A study session on the draft HE was scheduled with the Planning Commission on November 30, 2022. Staff is also seeking
feedback from the Board of Supervisors, particularly on goals, policies and actions as well as the opportunity sites inventory. Following the end of the public review period (December 19, 2022), and the Planning Commission and Board of Supervisors study sessions, the public feedback will be evaluated, Board guidance will be heeded and draft HE will be updated and submitted to the HCD. HCD has a 90-day review period and will provide the County with comments and a findings letter. Once the findings from HCD are reviewed and modifications to the HE are made, the HE will be resubmitted to HCD for a 60-day review. Following approvals from HCD, the HE can then go before the Planning Commission and Board of Supervisors for consideration and adoption. The hearings to consider adoption of the final HE are anticipated to be held in the Summer of 2023.
B. BACKGROUND
The development and preservation of housing is important to all the people within Contra Costa County. To plan for the development of adequate housing for all income segments, a HE is prepared as a part of the General Plan. The HE is the chapter of the General Plan related to affordable housing and other housing options in a jurisdiction and must be updated every eight years. It is the only element of a General Plan subject to review and certification by HCD. All Bay Area jurisdictions must update their HEs and have them approved by HCD by the start of the next cycle, 2023-31, referred to as the "6th Cycle”.
State housing law continues to change, and requirements for HEs have evolved since the Board approved the 5th Cycle HE, which covers 2015-23. Additionally, HCD has given every region in California a target for new residential units for the 6th Cycle. Through an allocation process managed by the Association of Bay Area Governments (ABAG), unincorporated Contra Costa County must show capacity for 7,610 new units in the planning period, and then report annually on satisfactory progress in meeting that target or lose discretionary approval powers over certain land use decisions. In the current 5th Cycle, the County's unit target was 1,367, and as of April 1, 2022, reporting period, a total of 2,408 units have been constructed, exceeding the overall goal while concurrently falling short on the income categories.
| Regional Housing Need Allocation |
| Income Category |
Area Median Income Percentage |
5th Cycle
2015-2023 |
6th Cycle
2023-2031 |
| Very Low |
<50% |
374 |
2,072 |
| Low |
50-80% |
218 |
1,194 |
| Moderate |
80-120% |
243 |
1,211 |
| Above Moderate |
>120% |
532 |
3,133 |
| Total |
|
1,367 |
7,610 |
C. DRAFT HOUSING ELEMENT
While the housing element must address specific state statutory requirements identified in Government Code section 65580 – 65588, it is ultimately a local plan and should reflect the vision and priorities of the community. The Housing Element contents are described below.
1. Housing Element Introduction 6.1
Section 6.1, Introduction, of this HE reviews the geographic areas covered by the Contra Costa County HE, the purpose and content of the HE, the public participation process undertaken to assist in the development of the HE, and its relationship with the rest of the General Plan.
In preparation of the HE, opportunities are provided for the public to help shape the County’s housing goals, policies, and strategies. Opportunities for input on the County’s 2023–2031 HE have been provided so far through various forums. One significant method was via outreach for the General Plan Update currently underway through the Envision Contra Costa 2040 process. The https://envisioncontracosta2040.org/ website is one of the main channels for sharing information with the public about the HE Update and General Plan Update.
The County sought participation and input from people who represent the full range of demographics, perspectives, and experiences in Contra Costa County, including existing residents, local workers, the residential development community, nonprofit housing developers, housing advocates, historically underrepresented community members, and community organizations representing special needs groups such as older adults, youth and students, immigrants, people experiencing homelessness and people with disabilities. Details of the outreach efforts are described in the Draft HE.
2. Housing Needs Assessment (6.2)
The Housing Needs Assessment section of the Draft HE includes an analysis of demographic, socioeconomic, housing characteristics, and market data of the county as a whole and the unincorporated areas of the county to determine the nature and extent of housing needs now and in the future. It should be noted that the main source of the information is this section is from an approved data set provided by the Association of Bay Area Governments.
3. Housing Constraints (6.3)
Housing constraints, such as development costs, government constraints, lack of infrastructure, and environmental issues, affect the supply of housing in the unincorporated areas of the county. The Housing Constraints section of the HE assesses realistic development potential, considering the market trends, development standards, environmental constraints, and infrastructure/public facility/service constraints.
4. Housing Resources (6.4)
ABAG is responsible for developing the Regional Housing Needs Allocation (RHNA), which assigns a share of the region’s future housing need to each jurisdiction in the ABAG region. State law requires communities to demonstrate that they have sufficient land to accommodate their share of the region’s need for housing During the 6th Cycle HE period. For the current planning period, ABAG has determined that the County’s share of the RHNA is 7,610 new housing units.
The Housing Resources section of the Draft HE analyzes the resources available for the development, rehabilitation, and preservation of housing in the unincorporated areas of Contra Costa County. This analysis includes an evaluation of the availability of land resources for future housing development, the County’s ability to satisfy its share of the region’s future housing needs, the financial resources available to support housing activities, and the administrative resources available to assist in implementing the County’s housing programs.
5. Housing Accomplishments (6.5)
This section of the HE summarized the County’s housing accomplishments during the current 5th cycle HE for the period of 2015 through 2022. The 2014 RHNA Allocation was 1,367 total units (374-very low, 218-low, 243 moderate, and 532 above moderate units). As of the April 1, 2022, reporting period, a total of 2,408 units have been constructed.
6. Housing Plan (6.6)
The Housing Plan section of the Draft HE presents the County’s eight-year plan which sets forth goals, policies, and programs to address the identified housing needs and other important housing issues. The County’s housing plan for addressing the identified housing needs is detailed according to the following six areas:
- Provision of Adequate Residential Sites (including an adequate buffer)
- Assist in the Development of Adequate Housing to Meet the Needs of Low- and Moderate-Income Households, and Persons with Special Needs
- Conserve and Improve the Existing Housing Stock
- Preserve Units at Risk of Conversion to Market-Rate Units
- Address and Remove or Mitigate Governmental Constraints
- Equal Housing Opportunities
Sites Inventory:
Following the above six sections of the HE is Appendix A: Sites Inventory. The Sites Inventory identifies and evaluates the housing capacity at 91 sites.
CONSEQUENCE OF NEGATIVE ACTION:
Comments received as part of the public meeting will not be incorporated into the on the Draft Housing Element submitted to the California Department of Housing and Community Development.
CLERK'S ADDENDUM
Speakers: No name given; Hanna, Partnership for the Bay's Future.
Staff noted the draft contains a clerical error in the zoning listed for the Mauzy School in Alamo, which will be corrected before submission to the state.
RECEIVED the report; ACCEPTED public comment; and DIRECTED staff to ensure that expedition of our response occurs and upon the first response from HCD the county adopt the housing element and incorporating responses as appropriate.