HomeMy WebLinkAboutMINUTES - 12022014 - D.5RECOMMENDATION(S):
1. OPEN the public hearing and receive testimony on the 2014 Housing Element Update, 2015-2023 (County File:
GP#14-0001).
2. CLOSE the public hearing.
3. ADOPT a Negative Declaration of Environmental Significance that the 2014 Housing Element Update will not
result in any new significant impacts on the environment and determine that this environmental review is adequate
consideration for this General Plan Amendment.
4. ADOPT the 2014 Housing Element Update (as recommended in County Planning Commission Resolution No.
12-2014) as the third consolidated General Plan Amendment for calendar year 2014, as allowed under State Planning
Law, and acknowledge that this amendment would supersede and replace text, maps, and related appendices for
Chapter 6. Housing Element contained within the Contra Costa County General Plan (2005-2020).
5. AUTHORIZE the Chair, Board of Supervisors, to sign cover transmittal letter and forward the adopted 2014
Housing Element update to the California Department of Housing and Community Development for final review and
certification.
6. DIRECT the Department of Conservation and Development to file the Notice of Determination for the Negative
Declaration on this project with the County Clerk.
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 12/02/2014 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Mary N. Piepho, District III Supervisor
Karen Mitchoff, District IV Supervisor
Federal D. Glover, District V Supervisor
Contact: Patrick Roche 674-7807 or Kara
Douglas 674-7880
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes
of the Board of Supervisors on the date shown.
ATTESTED: December 2, 2014
David Twa, County Administrator and Clerk of the Board of Supervisors
By: June McHuen, Deputy
cc:
D.5
To:Board of Supervisors
From:John Kopchik, Interim Director, Conservation & Development Department
Date:December 2, 2014
Contra
Costa
County
Subject:Public Hearing on 2014 Housing Element Update
FISCAL IMPACT:
The costs for preparing the 2014 Housing Element update have already been included in the Department of
Conservation and Development’s budget. Some of the costs incurred by the Department for the 2014 Housing
Element update may be reimbursable by the state.
BACKGROUND:
Each governing body (City Council or Board of Supervisors) of a local government in California is required to
adopt a comprehensive, long-term general plan for the physical development of the city, city and county, or
county. The Housing Element is one of the seven mandated elements of the local General Plan. Housing Element
law, enacted in 1969, mandates that local governments adequately plan to meet the existing and projected housing
needs of all economic segments of the community. The law acknowledges that, in order for the private market to
adequately address housing needs and demand, local governments must adopt land use plans and regulatory
systems which provide opportunities for, and do not unduly constrain, housing development. As a result, housing
policy in the State rests largely upon the effective implementation of local General Plans and, in particular, local
Housing Elements. Housing Element law also requires the California Department of Housing and Community
Development (HCD) review local Housing Elements for compliance with State law and to report its written
findings to the local government.
The County’s current Housing Element (4th Cycle) was adopted by the Board of Supervisors on July 21, 2009,
and it covers a 5 year planning period from 2009 to 2014. As required by Senate Bill (S.B.) 375, cities and
counties in the nine-county San Francisco Bay Area must complete and submit the 5th cycle Housing Element to
HCD by January 31, 2015. The Department previously reported to the Board of Supervisors in an October 15,
2013 Board Order that reviewed and recommended the process for the 2014 Housing Element update, at which
time the Board authorized a General Plan Amendment study for the 5th Cycle Housing Element update pursuant to
the mandates under S.B. 375.
The Housing Element has two primary purposes: (1) to provide an assessment of current and future housing needs
and an inventory of resources and constraints to meeting these needs; and, (2) to state the County’s goals,
objectives and strategies for the development of housing to meet the identified needs, including the need for
housing affordable to lower-income households. The geographic area covered under the Housing Element is the
unincorporated area of Contra Costa County. The Housing Element update must satisfy all State regulations and
guidelines, must be internally consistent with the General Plan, and must be submitted to the California
Department of Housing and Community Development (HCD).
The planning period for the 2014 Housing Element update covers the period from 2015 through 2023. The 2014
Housing Element update consists of the following major components:
An analysis of the County’s demographic profile, housing characteristics, and existing and future housing
needs based on more current Census Data;
A review of potential market, governmental, and environmental constraints to meeting the County’s
identified housing needs;
An evaluation of the land, financial, and organization resources available to meet the County’s housing
need;
An evaluation of accomplishments under the current Housing Element; and,
The County’s eight-year Housing Plan to address identified housing needs (through Yr. 2023), which sets
forth housing goals, policies, and programs in seven specific program areas (Housing and Neighborhood
Conservation, Housing Production, Special Needs Housing, Housing Affordability, Provision of Adequate
Sites, Removal of Governmental Constraints, and Promotion of Equal Housing Opportunity).
The County Planning Commission conducted two study sessions, March 11, 2014, and July 22, 2014, and a
public hearing on October 28, 2014 for the 2014 Housing Element Update, and adopted a resolution
recommending the Board of Supervisors approve the 2014 Housing Element update (see Exhibit 1: County
Planning Resolution No. 12-2014; and, Exhibit 2: Report and Recommendation to County Planning Commission,
October 28, 2014). Prior to the October 28, 2014 County Planning Commission public hearing, the Department
submitted two versions of the 2014 Housing Element in August and September to HCD for the purpose of
initiating the HCD's mandatory review of the element under their streamlined review process. Pursuant to State
housing element law, HCD completed its 60-day review of the element by forwarding to the Department of
Conservation and Development a review/conditional approval letter on the draft element. A copy of the October 2,
2014 HCD review/conditional approval letter is provided as part of the attached 10/28/2014 report to the County
Planning Commission (see 10/2/2014 HCD letter under Attachment "C", Exhibit Two: Report and
Recommendation to County Planning Commmission, October 28, 2014). Overall the modifications and additions
to the element requested by HCD were generally minor in nature or easily correctable, and HCD’s initial review
of the element does not require the County to alter its proposed approach to the 2014 Housing Element update.
The final Revised-Draft version of the 2014 Housing Element update presented for the Board’s consideration, as
recommended for approval by the County Planning Commission, reflects revisions to the element in response to
comments received from HCD during the 60-day review. Enclosed with the 10/28/2014 staff Report and
Recommendation to the County Planning Commission is a copy of the Revised-Draft version with sections in the
element’s text highlighted in yellow to identify edits, revisions, or elaboration based on HCD’s review (see
Revised Draft Housing Element under Attachment "A", Exhibit Two: Report and Recommendation to County
Planning Commission, October 28, 2014).
Additionally, presented for the Board’s consideration is a copy of the Updated Land Inventory – Vacant &
Underutilized Sites Analysis that was prepared in support of the 2014 Housing Element Update. The Land
Inventory is a required component to the Housing Element. Its purpose is to identify suitable sites for residential
development and to evaluate the adequacy of these sites in fulfilling the County’s share of regional housing needs
as determined by the Association of Bay Area Governments (ABAG). Note that for the 2014 Housing Element
Update the Land Inventory originally prepared in 2009 for the current Housing Element has been updated to: (1)
reflect residential development activity that has occurred through January 2014; (2) identify sites capable of
accommodating emergency shelters and at least one year-round emergency shelter pursuant to the requirements of
Senate Bill 2 (Chapter 633, Statutes of 2007); and, (3) identify sites that are within a Priority Development Area as
designated by the County and submitted to the Association of Bay Area Governments. The Updated Land
Inventory - Vacant & Underutilized Sites Analysis is provided under Attachment "B", Exhibit Two: Report and
Recommendation to County Planning Commission, October 28, 2014. The regional housing or “fair share” need
allocated to the County through ABAG for the 8-year planning period (2015-2023) covering the 5th Cycle is a
total of 1,367 dwelling units. As documented in both the Revised-Draft version of the 2014 Housing Element
Update and the accompanying Land Inventory, Contra Costa County can meet the regional housing allocation of
1,367 dwelling units within the 8-year planning period from 2015 through 2023.
CONSEQUENCE OF NEGATIVE ACTION:
There could be negative consequences for Contra Costa County if an updated Housing Element is not submitted in
a timely manner to the California Department of Housing and Community Development (HCD) for certification.
These include:
County would become ineligible to receive Measure J Contra Costa County ½ Cent Transportation Sales
Tax, Local Street Maintenance and Improvement Funds. The County receives approximately $2 million
annually in Measure J Local Street Maintenance and Improvement Funds (sometimes referred to as “Return
To Source”), which are used for maintaining and improving roadways countywide. Maintaining the
County's eligibility for this funding is linked to meeting the Growth Management Program requirements for
Measure J, which as administered by the Contra Costa Transportation Authority requires local jurisdictions
to demonstrate reasonable progress in providing housing opportunities for all income levels. An adopted
housing element that has been certified by HCD would demonstrate the County's compliance with the
housing opportunities component to the Growth Management Program;
County would become ineligible to receive certain State housing, transportation, and infrastructure funding
grants; and,
County would be vulnerable to lawsuits from developers and housing advocates for not complying with
State Housing Element Law; and,
County would be required to carryover the unfilled RHNA from the 4th Cycle (current Housing Element
cycle, planning period from 2009 through 2014) to the next (5th Cycle) Housing Element planning period.
CHILDREN'S IMPACT STATEMENT:
Not applicable.
CLERK'S ADDENDUM
By unanimous vote approved addition of a PowerPoint presentation into the record (attached).
CLOSED the public hearing; ADOPTED a Negative Declaration of Environmental Significance that the 2014
Housing Element Update will not result in any new significant impacts on the environment and determine that
this environmental review is adequate consideration for this General Plan Amendment; ADOPTED the 2014
Housing Element Update (as recommended in County Planning Commission Resolution No. 12-2014) as the
third consolidated General Plan Amendment for calendar year 2014, as allowed under State Planning Law,
and acknowledged that this amendment would supersede and replace text, maps, and related appendices for
Chapter 6. Housing Element contained within the Contra Costa County General Plan (2005-2020);
AUTHORIZED the Chair, Board of Supervisors, to sign cover transmittal letter and forward the adopted 2014
Housing Element update to the California Department of Housing and Community Development for final
review and certification (attached); and DIRECTED the Department of Conservation and Development to file
the Notice of Determination for the Negative Declaration on this project with the County Clerk.
ATTACHMENTS
Resolution No. 2014/430
Exhibit 1: County Planning Commission Resolution No. 12-2014
Exhibit 2: Report and Recommendation to County Planning Commission, October 28, 2014
Exhibit 3: Report and Recommendation to County Planning Commission, October 28, 2014 - List of Attachments
Exhibit 4: Transmittal letter to HCD
Powerpoint Presentation
PUBLIC HEARING
2014 HOUSING ELEMENT UDPATE
(County File: GP#14-0001)
BOARD OF SUPERVISORS
MEETING
DECEMBER 2, 2014
1
Contra Costa County
Department of Conservation & Development
BACKGROUND / PURPOSE
State Housing Element Law requires a City or County to adequately
plan for housing needs of all economic segments of the community,
based on a Regional Housing Need Allocation (RHNA) wherein
Council of Governments (ABAG) allocates to the City or County its
share of region’s housing need by income category
Housing Element is 1 of 7 mandatory elements to the General Plan
Only element requiring state review - CA Dept. of Housing &
Community Development (HCD) certifies compliance with State
Housing Element law
Current Housing Element adopted in 2009 covers the 4th Cycle, or 5-
year planning period from 2009 to 2014
Senate Bill 375 passed in 2008 - lengthened planning period from 5
to 8 years (2015 to 2023); requires 5th Cycle Housing Element for
jurisdictions in SF Bay Area to be adopted by January 31, 2015
2
2014 HOUSING ELEMENT UPDATE
Major areas of change/update to the element:
1.New RHNA: 1,367 units for new 8-yr. planning period (2015 to
2023)
2.Demographic information updated based on U.S. Census Bureau
2010 Census and American Community Survey
3.Latest Housing market data
4.Current Development Fees
5.Residential Development Project List: Approved and Under
Consideration updated as of Sept. 2014
6.Land Inventory (Sites Analysis) updated as of Sept. 2014
7.Program Accomplishments
8.Housing Plan/Programs updated and based on 8-year program
objectives, 2015 to 2023
3
HCD REVIEW PROCESS / COMMENTS
County qualified for streamlined HCD review process; update only,
not a complete re-write of the element
An iterative process, two draft versions submitted to HCD within a
statutory 60-day review period:
o August 5, 2014
o September 26, 2014
Key HCD comments:
Housing Stock Age & Conditions – additional information on units
needing rehabilitation or replacement
Emergency Shelter Ordinance – remove distance from schools/parks
requirement and adopt prior to submitting final Housing Element
Land Inventory (Sites Analysis) – clarification about underutilized sites
4
HCD REVIEW PROCESS / COMMENTS -
continued
Remaining RHNA obligations - update as of 8/31/2014
Affordable Housing Financing Programs – elaborate on type of funding
used by County and how it’s allocated
Housing Programs
o Explain anti-discrimination outreach efforts
o Elaborate on farmworker housing assistance program
o Add monitoring of transportation/traffic impact fees on housing
production costs
o Elaborate on housing programs for persons with developmental
disabilities
o Retain program relating to zoning text amendment (e.g. emergency
shelter ord.) until actually adopted
HCD Review / Conditional Approval Letter, 10/2/2014
5
PUBLIC OUTREACH / COMMENTS
6
Public Outreach
130 organization/individuals contacted during update process
Established webpage for Housing Element update
Presentations offered to MACs / Interested Organizations
Public Comment
Public Outreach Meetings: No comments
Written Comments (to date): Nov. 26, 2013 letter from Bay Area Business
Coalition’s; see copy of response DCD’s response letter, dated 8/6/2014, in
report and recommendation to County Planning Commission
COUNTY PLANNING COMMISSION
Two Study Sessions: March 11, 2014 and July 22, 2014
Public Hearing on Draft Housing Element: October 28, 2014
Adopted Resolution 12-2014 on October 28, 2014
7
CEQA REVIEW
Initial Study/Checklist and Intent to Adopt Negative Declaration
issued on Sept. 15, 2014
30-day Public Review / Comment Period closed on October 15,
2015
State Clearinghouse (SCH) - Acknowledgement Letter
Comment letters:
o Central Valley Regional Water Quality Control Board – explains agency’s permit
requirements, non-CEQA issue
o Delta Protection Commission – determined HE Update consistent with
Commission’s Land Use Resource Management Plan
8
CONSEQUENCES
IF HOUSING ELEMENT IS NOT UPDATED
County would become ineligible to receive Measure J Contra Costa
Co. ½ Cent Transportation Sales Tax, Local Street Maintenance and
Improvement Funds (“Return To Source”); County receives approx.
$2 million annually in Measure J “Return To Source” Funds used for
maintaining and improving roadways countywide
County would become ineligible to receive certain State
transportation, infrastructure, and housing funding
County would be vulnerable to lawsuits from developers and
housing advocates for not complying with State Housing Element
Law
County would be required to carryover unfilled RHNA (4TH Cycle)to
the next (5th Cycle) Housing Element planning period
9
RECOMMENDATION
Board Resolution No. 2014/430
1. ADOPT the CEQA Negative Declaration prepared for the 2014
Housing Element Update.
2. ADOPT the 2014 Housing Element Update, as recommended
under County Planning Commission Resolution No. 12-2014, as
the 3rd consolidated General Plan Amendment for Calendar Yr.
2014 (County File: GP#14-0001).
3. AUTHORIZE Chair to sign cover transmittal letter and
FORWARD the adopted 2014 Housing Update to CA Dept. of
Housing and Community Development
10
Key Facts: Contra Costa County
Households (HH) Profile
Households Unincorporated Area Countywide
Total Occupied Units (HH)55,010 368,085
Total Renter HH 14,980 (26%)112,420 (30.5%)
Total Owner HH 43,040 (74%)255,805 (69.%)
Renter HH Characteristics
Total Renter HH 14,980 112,420
Moderate or Above Income HH Renter 6,441
(43%)
46,675
(41.5%)
Lower Income
HH Renter
8,540
(57%)
65,675
(58.5%)
Owner HH Characteristics
Total Owner HH 43,030 255,805
Moderate or Above Income
Owner HH
32,440
(75%)
194,060
(76%)
Lower Income
Owner HH
10,590
(25%)
61, 745
(24%)
Source: U.S. HUD, CHAS Data Set based on American Community Survey 2006-2010 11
Key Facts: Definition of Affordable
Housing Prices and Rents
AMI = Area Median Income
Source: State Income Limits for 2014, issued by CA Dept. of Housing and Community Development (HCD) on
2/28/2014
Income Level Income Limit For Sale Rental
Extremely Low 0-30% AMI 30% of 30% of AMI 30% of 30% of
AMI
Very Low 31-50% AMI 30% of 50% of AMI 30% of 40% of
AMI
Low 51-80% AMI 30% of 70% of AMI 30% of 70% of
AMI
Moderate 81-120% AMI 30% of 110% of
AMI
30% of 110% of
AMI
Above Moderate < 120% AMI
12
Key Facts: Ability to Pay (2014)
Contra Costa County Median Household Income*: $93,500
HH Income by Category MonthlyRent Max. Purchase Price
ExtremelyLow Income HH
(30% of Median Income):
$28,050
$690 $ 61,580
Very Low Income HH
(50% of Median Income):
$46,750
$1,115 $139,370
Low Income HH
(80% of Median Income):
$66,250 **
$1,403 $290,057
Moderate Income HH
(120% of Median Income):
$112,200
$2,805 $349,016
* HCD State Income Limits, 2014, assumes a 4-person household and a 3-bedroom unit
** U.S. Dept. of Housing and Urban Development (HUD)13