HomeMy WebLinkAboutRESOLUTIONS - 01012001 - 2001-591 THE BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA
Adopted this Order on Tuesday,December 18, 2001, by the following vote:
AYES: SUPERVISORS GIOIA, GERBER, DeSAULNIER, GLOVER and UILKEMA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ii RESOLUTION NO. 2001/591
SUBJECT: FIRST AMENDMENT FOR CALENDAR YEAR 2001 )
TO THE COUNTY GENERAL PLAN (1995-2010) )
RELATING TO THE )
HOUSING ELEMENT UPDATE, YR. 2001-2006 )
The Board of Supervisors of Contra Costa County RESOLVES that:
There is filed with this Board and its Clerk a copy of Resolution No.29-2001 adopted by the
County Planning Commission which discusses and recommends a General Plan Amendment relating
to the state mandated five year update of the Housing Element (Yr. 2001-2006) within the County
General Plan (County File: GP#01-0006).
On Tuesday, December 18, 2001, the Board held a public hearing on said General Plan
Amendment discussed in County Planning Commission Resolution No. 29-2001. Notice of said
hearing was duly given in the manner required by law.The Board at a hearing called for testimony of
all persons interested in this matter.
On Tuesday, December 18, 2001, the Board ADOPTED a Negative Declaration of
Environmental Significance that the Housing Element Update,Yr.2001-2006,will not result in any
new significant environmental impacts, determined that this environmental review is adequate for
consideration of this General Plan Amendment, and directed the Community Development
Department to file the Notice of Determination for the Negative Declaration.
On Tuesday,December 18, 2001, the Board ADOTPED the Housing Element Update (Yr.
2001-2006),as the first amendment to the County General Plan in calendar year 2001 as allowed by
State Planning Law, which will supersede and replace the text, maps, and related appendices for
Chapter 6. Housing Element in the County General Plan (1995-2010).
1 hereby certify that this is a true and correct
Contact: Patrick Roche, CDD-AP(335-1242) copy of an action taken and entered on the
cc: Community Development Department minutes of the Board of Supervisors on the
CAO date shown.
County C'ounsel ATTESTED: 1 9 'A &CI
JOHN SWEETEN, Clerk of the Board
iof Supervisors
and County Administrator
By Deputy
SAAdvance Plan\Housing Element\Board Resolution
RESOLUTION 2001/591
RESOLUTION NO. 29-2001
RESOLUTION OF THE COUNTY PLANNING COMMISSION OF THE
COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA, RECOMMENDING
THE ADOPTION OF THE HOUSING ELEMENT UPDATE (Yr. 2001-2006) TO
THE COUNTY GENERAL PLAN
WHEREAS, the provision of adequate and affordable housing is a major issue
confronting Contra Costa County; and
WHEREAS, state law requires cities and counties to include Housing Elements in
their General Plans to address the provision of adequate shelter, and provides guidelines
for their preparation; and
WHEREAS, the County's Housing Element, which was adopted by the Board of
Supervisors in 1992 and certified by the California Department of Housing and
Community Development in 1993, and which was subsequently included without
significant change in the reconsolidation of the County General Plan in 1996; and
WHEREAS, under California Government Code Section 65580-65589.8 the
County must update and adopt a revised Housing Element for submission to the
California Department of Housing and Community Development by December 31, 2001;
and
WHEREAS, an updated draft Housing Element has been prepared to comply with
state law to cover the period from January 1, 2002 to June 30, 2006; and
WHEREAS, the California Department of Housing and Community Development
has provided the County with a review letter that comments on an initial draft of the
Housing Element update, which were then subsequently incorporated into the draft
Housing Element (Yr. 2001-2006) update by the Community Development Department
to assure that the element will meet the technical requirements to achieve state
certification; and
WHEREAS, the Community Development Department on August 28, 2001
issued a Notice of Public Review and Intent to Adopt a Negative Declaration of
Environmental Significance and an Initial Study and the comment period closed on
September 28, 2001, and no comments were received; and
WHEREAS, the County Planning Commission has conducted two study sessions
on June 24,' 2001, and July 24, 2001 during the preparation of the Housing Element
update in which over 300 individuals and groups were notified of the opportunity to
participate and comment at these sessions; and
WHEREAS, the County Planning Commission has conducted a duly noticed
public hearing on the draft Housing Element (Yr. 2001-2006) update on November 13,
2001, during which all who wished to testify or submit written comments had an
opportunity';o do so; and
WHII;REAS, the County Planning Commission having fully reviewed, considered,
and evaluated all the testimony and evidence submitted in this matter;
NOVI THEREFORE BE IT RESOLVED, that the County Planning Commission
recommends to the Board of Supervisors of Contra Costa County the adoption of the
draft Housing Element update in substantially the form presented to the County Planning
Commission on November 13, 2001. The adoption of the Housing Element (Yr. 2001-
2006) update would supersede and replace the text and maps for Chapter 6. Housing
Element and;related appendices within the County General Plan (1995-2010); and
RESOLUTION NO. 29-2001
BE IT FURTHER RESOLVED that the County Planning Commission
recommends the Board of Supervisors consider authorizing a study of the following:
1. 'Advisability of a comprehensive affordable housing policy to include a provision
for a per net additional unit in lieu fee to be assessed, collected and segregated in
an account for use by the County in the promotion and facilitation of affordable
housing efforts; and,
2. An effort to establish a procedure by which Contra Costa County and its
constituent cities would cooperate in the planning and facilitation of affordable
housing throughout the County.
BE IT FURTHER RESOLVED that the Secretary of the County Planning
Commission shall sign and attest the certified copy of this resolution and deliver the
same to the Board of Supervisors all in accordance with the Government Code of the
State of California.
The decision of the County Planning Commission was given by motion of the
County Planning Commission on Tuesday, November 13, 2001 by the following vote:
AYES: Battaglia, Clark, Gaddis, Hanecak,Terrell, and Wong
NOES: Mehlman
ABSENT: None
ABSTAIN: None
RICHARD CLARK, Chairman
County Planning Commission,
County of Contra Costa, State of California
1, Dennis M. Barry, Secretary of the County Planning Commission, certify that the
foregoing was duly and regularly passed and adopted on November 13, 2001.
ATTEST: A
DENNIS M. BARRY, AICP)Secretary
County Planning CommissWn,
County of Contra Costa,
State of California
ADDENDUM TO ITEM DA
December 18, 2001
On this day, the Board of Supervisors considered the hearing on the Housing Element Update,
Year 2001-2006 (County File GP#01-0006).
Patrick Roche, Community Development Department presented the staff report and
recommendations.
The Board discussed the matter; the Chair then opened the Public Hearing and invited those who
wanted to address the Board on this issue. The following persons presented testimony:
Linda Best, Contra Costa Economic Partnership, 1001 Galaxy Way#102, Concord;
April Gray, City of San Ramon, 2222 Camino Ramon, San Ramon;
The Chair then closed the public hearing, Supervisor Uilkema then advised that the Board had
received a memo dated December 18, 2001, from the Community Development Department, a
request to accept under the 96 hours exception provision to the Better Government Ordinance,
Hearing on Housing Element Update, proposed revisions to page 6-128, "Provision of Adequate
Residential Sites", Five year program objectives, and page 6-136, Table 6-47, "Housing
Implementation Programs Summary, in the draft Housing Element Update. Supervisor Uilkema
requested a motion to consider the addendum to this agenda item. Supervisor DeSaulnier moved
the motion and S ipervisor Gioia second. The vote was unanimous.
At this time, the 3oard addressed the issue concerning the letter submitted from the City of San
Ramon requesting the Board to remove from the County's Housing Element any credit for any
portion of the Doughtery Valley housing. Supervisor Gioia suggested that the Board approve the
housing element as it is drafted,which included the two scenarios: 100 percent to the county and
75/25 split with the City of San Ramon and the County, with direction to the staff to continue its
settlement discussion with the City of San Ramon, and if there is no resolution between the City
and the County, then the HCD (California Department of Housing and Community Development
(HCD)will make the ultimate determination.
Supervisor Uilkema requested a motion to approve the recommendations and include the
modifications of the December 18, 2001 memorandum.
Supervisor Gioia moved the motion and Supervisor DeSaulnier second.
The Board took the following action:
OPENED the public hearing and received testimony on the Housing Element Update, Yr. 2001-
2006 (County File: GP#01-0006);
CLOSED the public hearing;
ADOPTED a Negative Declaration of Environmental Significance that the Housing Element
Update, Yr. 2001-2006, will not result in any new significant impacts on the environment and
determined that this environmental review is adequate for consideration of this General Plan
Amendment;
ADOPTED the Housing Element Update, Yr. 2001-2006 (as recommended in County Planning
Commission Re;colution No. 29-2001) as the first General Plan Amendment for calendar year
2001 as allowed under State Planning Law, and acknowledged that this amendment would
supersede and replace the text, maps, and related appendices for Chapter 6. Housing Element in
the County General Plan(1995-2010);
DIRECTED the Community Development Department to file the Notice of Determination for
the Negative De;laration with the County Clerk;
CONSIDERED the other recommendations in the County Planning Commission Resolution No.
29-2001 relating.to a comprehensive affordable housing strategy;
DIRECTED staff to continue negotiating with the City of San Ramon.
CONTRA COSTA COUNTY
COMMUNITY DEVELOPMENT DEPARTMENT
651 Pine Street, N. Wing- 4th Floor
Martinez, CA 94553
Telephone: 335-1290 Fax: 335-1299
Agenda Item #D.4, 12/18/2001
TO: MembersBoard Supervisors
1,1Q01IN", 6 •
FROM: Donnis M. Barry, AICP,Ymmunity Development Director
DATE: December 18, 2001
SUBJECT: Request to accept under the 96 hours exception provision to the Better
Government Ordinance,for Agenda Item DA, Hearing on Housing Element
Update, proposed revisions to page 6-128, "Provision of Adequate
Residential Sites", Five Year Program Objectives,and page 6-136,Table 6-
47, "Housing Implementation Programs Summary, in the draft Housing
Element Update
County Code Section 25-2.206 (Better Government Ordinance) requires that "all such staff
material must be distributed to the policy body and be made available to the public 96 hours
before the scheduled meeting". The code further allows the policy body, by a three-fourth vote,
to waive these limits "when, in its judgment, it is essential to do so, providing that the County
Administrator, appropriate Department Head, or staff member furnishes to the Board of
Supervisors or other policy body a written explanation as to why the material could not be
provided to the Board or other policy body and the general public within the above time limits".
In accordance with the above referenced provisions under the County Code, staff requests the
Board of Supervisors accept the attached revision to pages 6-128 and 6-136 in the draft Housing
Element Update.
The revision to page 6-128 is listed under the Five-Year Program Objectives under the sub-
heading "Provision of Adequate Residential Sites"and is presented in underline/strikeout form.
The revision to paje 6-136 is listed in Table 6-47, "Housing Implementation Program Summary",
under sub-head ng "Provision of Adequate Housing Sites", and is presented in
underline/strikeout form. These revisions reflect the latest comments and recommendations on
the Housing Element document from the California Department of Housing and Community
Development (HCD). The revisions are based on a telephone conference call with HCD,staff
conducted on Monday, December 17, 2001. It was, therefore, not available 96 hours in advance
of the Board meeting.
enclosures(2 items)
•revised page 6-128
•revised page 6-136
cc: Better Government Ordinance file
6. Housing Element DRAFT
18. Home Sharing Program
The County will continue to encourage and support the provision of shared housing
opportunities in Contra Costa County. Under a shared housing program, a home provider, a
person who has a home to share, is matched with a home seeker, a person in search of a home
to share. Typically, providers are senior residents with living space (a bedroom) to share, while
seekers are lower-income adults in need of an inexpensive place to stay.
The County allocates resources to County agencies and community-based organizations to
support programs that help residents find affordable housing opportunities, including shared
housing or ro:_immate referrals. Organizations that have received funding for shared
housing/referral programs include Independent Living Resources, Delta Community Services,
and the County HIV/AIDS Program.
Program Five-Year Program Objectives
Shared Housing ✓ Continue to support the provision of shared housing
opportunities in Contra Costa County by contributing funds to
appropriate County agencies and community-based
organizations.
Provision of Adequate Residential Sites
19. Sites Inventory
As part of the 2001-2006 Housing Element update, an analysis of the residential development
potential in each of the unincorporated communities of the County was conducted. This
analysis was performed using the County's Geographic Information System (GIS) and data from
the County Assessor's records. Based on this assessment, the unincorporated areas can
potentially accommodate over 4,610 new units on vacant and underutilized properties.
Combined with housing units built and projects approved since January 1999, the County has
sufficient sites to meet the 5,436-unit RHND (1,011 very low income, 642 low income, 1,401
moderate income,and 2,292 above moderate income).
Program Five-Year Program Objectives
Residential Sites Inventory ✓ Continue to provide adequate sites to accommodate the
County's RHND of 5,436 units.
✓ In 2002, review and evaluate densities for vacant and
underutilized sites identified in the residential sites inventory to
ensure that the underlying densities are appropriate to meet
ae£efflmedate the housing needs of 1,011 very low-income, 642
low-income, 1,401 moderate-income and 2,292 upper-income
households (as defined in the RHND). Based on review and
evaluation of identified sites, initiate program in 2003 to increase
underlying densities on at least 10 acres of residential land to
Multi-Family High Density Residential (M-29) to provide
affordable housing opportunities.
Housing Plan 6-128 Contra Costa County
6. Housing Element DRAFT
Table 6-47
Housing Implementation Programs Summary
Contra Costa County- Unincorporated Areas
Responsible
Key Five-year Funding Agency/
Housing Program Program Goal Objective(s) Source Dept. Time-Frame
Housing Affordability
l
16. First-Time Homobuyer Provide additional Assist 80 low and MCC, Community Ongoing
Opportunities homeownership moderate income HOME, Development;
opportunities. first-time CDBG, RDA Redevelopment
homebuyers. Set-Aside, Agency
Mortgage
Revenue
Bonds
17. Section 8 Rental Assist very low-income Continue to HUD Section HACCC Prepare PHAP
Assistance households with rental provide Section 8 8 -Action Plan
payments. assistance. Apply annually.
for additional
vouchers.
18. Home Sharing Provide for home Support CDBG, Community Ongoing
Program sharing opportunities. appropriate HOPWA Development
agencies offering
shared housing
opportunities.
Provision of Adequate Housing Sites
19. Sites Inventory Provide for adequate In 2002. review Funding Community Ongoing
housing sites. and evaluate source to be Development
densities for determined
vacant and for
underutilized sites maintenance
provide adequate of site
sites for the inventory
development of
housing for very
low, low, and
moderate income
households.
Initiate program
2003 to increase
underlying
densities on at
least 10 acres of
residential land to
Multi-Family High
Density Residential
(M-29)to provide
affordable housing
opportunities.
Maintain sites
inventory.
Housing Plan 6-136 Contra Costa County
REDEIVED
San Ramon 11 DEC 1 8 2001
C A L I F O R N I A
R P o a A r Eo CLERK BOARD OF SUPERVISORS
CONTRA COSTA CO.
CITY OF SAN RAMON 2222 IZAMON
P.O.Booxx 5 514148
SAN RAMON,CALIFORNIA 94583
PHONE: (925)973-2500
EMAIL: sanramon@ci.san-ramon.ca.us
December 18, 2001
Contra Costa County Board of Supervisors
651 Pine Street
Martinez, California 94553 HAND DELIVERED
Re: Public Hearing, Update to the Housing Element in the County General Plan
Honorable Supervisors:
The Housing Elements of both the City of San Ramon and Contra Costa County count the
Dougherty Valley affordable units toward their "fair share" of the State's affordable housing
needs. This is a,formal request that the County remove any credit taken for any portion of the
Dougherty Valley housing.
Section 3.5 of the Dougherty Valley Settlement Agreement provides: "Fair Share" credit for the
development of affordable units in the Dougherty Valley will be allocated to the County and San
Ramon as assigned by ABAG." The agreement also provides that "Such affordable units will be
developed, as required by the Specific Plan, pursuant to an affordable housing program adopted
by the County..." ABAG is responsible to assign housing "credit," the County is responsible to
develop affordable housing.
Background:
In 1990 both jurisdictions took credit for Dougherty Valley housing. Because of this "double
counting", San Ramon's housing element was not approved by the State. When this issue was
discussed during;the Dougherty Valley Development lawsuit settlement negotiations the parties
were unable to agree upon how to divide credit. It was finally agreed that ABAG would decide
the matter. Subsequent to that agreement, ABAG assigned all of Dougherty Valley to San
Ramon,as detai'.ed in the attached letter dated February 22, 2000. 1 have also attached a copy of
the relevant sections of the settlement agreement.
Regional Housing Needs Distribution (RHND) Process.
The Association of Bay Area Governments (ABAG) is responsible to distribute state-assigned
housing needs among the jurisdictions within the nine Bay Area counties. This was a long and
very public process, with ample time and notice for comment and appeals of decisions.
• March 1999 - First meeting of the "Methodology" committee
• December 1999 - Executive Board approved the methodology for distributing the
housing needs and the regional "numbers" were released to begin the 90-day review
CITY COUNCIL:973-2530 ADMINISTRATIVE SERVICES:973-2523 PARKS&COMMUNITY SERVICES:973-3290 BUILDING&SAFETY SERVICES:973-2580
CITY MANAGER:973-2530 POLICE SERVICES:973-2700 AQUATIC CENTER:973-3240 ECONOMIC DEVELOPMENT SERVICES:973-2550
CITY CLERK:973-2539 PUBLIC SERVICES:973-2800 COMMUNITY CENTER:973-3200 ENGINEERING SERVICES:973-2610
SENIOR CENTER:973-3250 PLANNING SERVICES:973-2560
TRANSPORTATION SERVICES:973-2600
period. February 2000 - Second release of jurisdictional numbers beginning a new
review period
• June 2000 - Third release of RHND numbers, beginning a new review period
• August 2000 - Final day for comments to be received by ABAG
• November 2000 - Executive Board approved final RHND allocations and the appeal
period began
• March 2001 - Appeal decisions presented to the Executive Board
Because the Dougherty Valley settlement agreement stipulates that as housing units are built
they will be immediately incorporated into the City of San Ramon, ABAG assigns the growth
that will occur there to San Ramon for the purposes of the Regional Housing Needs Distribution
(RHND). That growth assignment generates the need to produce a specific amount of affordable
housing. Because the RHND cannot be changed at this point, the affordable housing produced
within the Dougherty Valley must also be assigned to San Ramon.
San Ramon is assigned a responsibility for affordable housing based on the growth projected in
Dougherty Valley. Without that growth, the City's liability for affordable housing would be
much smaller. The affordable units must go with the market-rate growth. One hundred percent
of the affordable housing to be produced in Dougherty Valley is in San Ramon's housing
element, as the County and the City have already agreed in the settlement of the lawsuit
regarding the Dougherty development.
Because this matter has been discussed and settled, we respectfully request that the Board
remove from the County's Housing Element any credit for any portion of the Dougherty Valley
housing.
Offer of Staff Assistance
The City of San Ramon is well aware of the intensive amount of staff time required to bring to
occupancy the "affordable" housing units at Dougherty Valley, as well as the staff time required
for compliance monitoring of the affordable agreements. In demonstration of its serious
commitment to the development of affordable housing in San Ramon, the City has recently hired
a Housing Program Manager. In the spirit of cooperation, I offer that staff person's assistance in
bringing on-line the Dougherty affordable units. It is understood that as the units are annexed to
the City, San Ramon will become the responsible entity.
S.iucerely,
April ray `
Economic Development Director
ASSOCIATION OF BAY AREA GOVERNMENTS
Representing City and County Governments of the San Francisco Bay Area
FEB 2 4 2000
February 22, 2000 RAh;.
PLANNING SERvlc� .,
Charlie Mullen, AICP
2222 Camino Ramon
P.O. Box 5148
San Ramon, Ca 94.583-1350
CC: Kathleen Hamm, Contra Costa County Primary Housing Needs Contact
Subject: ABAG Regional Housing Needs Determination for the City of San Ramon
Dear Mr. Mullen,
We have received your letter dated January 14, 1999 requesting clarification and
determination for applying the Regional Housing Needs allocation in the Dougherty Valley planning
area to the City of San Ramon or Contra Costa County. After careful review of the issues identified
in your letter, we would like to take this opportunity to respond to your comments.
Response to Comments/ Issues Raised
Question 1.
The City of San Ramon request's formal ABAG clarification and determination as to whether the
RHND allocation associated with the Dougherty Valley planning area is assigned to the City of San
Ramon or Unincorporated Contra Costa county. Verbal agreements between the City of San
Ramon and Contra Costa county call for the County to receive the housing needs numbers for the
Dougherty Valley planning area.
Response 1.
In ABAG's Projections 2000 document, the Dougherty Valley planning area is assumed to be part of
the current jurisdictional boundaries for the City of San Ramon. Therefore, any growth associated
with this plannir g area is applied to the forecast's for the Jurisdictional Boundary, as well as the
Subregional Stuey Area (SSA) of the City of San Ramon. This assumption is made in accordance
with a written agreement between the City of San Ramon and Contra Costa county which stipulates
that as housing units are built in Dougherty Valley, they will be immediately incorporated into the
City of San Ram:)n.
For the purposes of this Regional Housing Needs Distribution process, the allocation originally
assigned to the City of San Ramon is made based upon the growth identified for the City of San
Ramon in Projections 2000. This growth factor included anticipated growth in Dougherty Valley.
Therefore the housing need identified for the Dougherty Valley planning area has been assigned as
part of the City of San Ramon's RHND allocation.
Mailing Address: P.O.Box 2050 Oakland,California 94604-2050(510)464.7900 Fax:(510)464-7970 info®abag.ca.gov
1.
Location: Joseph P.Bort MetroCenter 101 Eight Street Oakland,California 94607-4756
A redistribution of this allocation between Contra Costa county and the City of San Ramon is
allowed according to the requirements as defined in the January 31, 2000 ABAG memo,
Attachment 4. 'Further clarification of this attachment can be found in the February 16, 2000
memo (See Attached).
Please do not hesitate to convey further questions or concerns regarding the Housing Needs
process to staff if they should arise.
Sincerely,
Alex Amoroso
Senior Planner
Attachments
A\Housing Needs Determination\Jurisdiction Comments and ResponseASan R,mon•Contra Costa Co 2.22.doc
2
ASSOCIATION OF BAY AREA GOVERNMENTS
Representing City and County Governments of the San Francisco Bay Area ABAG
MEMO
Date: February 16,2000
i'
To: Regional Housing Needs Determination Contacts
From: Alex Amoroso, Senior Planner
Re: Clarification to Redistribution Policy from Attachment 4, RHND 1999-2006
Release of Preliminary Numbers,January 31,2000.
Attachment 4, Issues related to Allocating Units in Unincorporated Lands within City pheres
of influence lists five conditions which apply to redistribution of RHND allocations between
jurisdictions. This memo clarifies Condition 1.
Condition 1 states the following:
"1. All cities and the county (for a given county) must agree to redistributing
that collective set of numbers as determined by the RHND allocation."
The intent of this condition is to allow those jurisdictions, within a given county, that enter into a
written agreement to redistribute their assigned allocation to do so. One or more jurisdictions
may not wish to enter into an agreement with the other jurisdictions within that county, and they
are not mandated to do so by this condition. ABAG must be notified by all jurisdictions (in
writing)participating in a potential re-allocation of RHND by March 1, 2000.
Those jurisdictions within a county that choose to make a re-allocation of RHND must come to
agreement and notify ABAG (in writing) of that agreement by April 30, 2000.
Notification to i BAG must consist of the following:
For the March 1, 2000 deadline of notifying ABAG that a group of jurisdictions within a county
are undertaking a redistribution, the chief executive officer for each jurisdiction shall write a
letter with the following elements:
• The authority to make this agreement is vested with the signator.
• List of all participating jurisdictions.
• Note that ABAG has no responsibility to participate in the redistribution process.
• Note that the jurisdiction agrees to meet the conditions from Attachment 4.
Mailing Address: P.O.Box 2050 Oakland,California 94604-2050(510)464-7900 Fax:(510)464-7970 info@abag.ca.gov
Location: Joseph P.Bort MetroCenter 101 Eight Street Oakland,California 94607-4756v
is
For the April 30, 2000 deadline of completing the redistribution of RHND allocation, the chief
executive officer for each jurisdiction shall write a letter with the following elements:
• The authority to make this agreement is vested with the signator.
• List of all participating jurisdictions.
• List of the original allocations for all jurisdictions provided from ABAG in the
January 31, 2000 memo.
• List all new allocations for the involved jurisdictions.
• State that the given jurisdiction agrees to the new allocation.
2
Attachment 4
Issues related to Allocating Housing Units in Unincorporated Lands within City
Spheres of Influence.
Summary
The ABAG.Regional Housing Needs Distribution (RHND) allocation for incorporated
jurisdictions shows a preliminary assignment of housing need within current city
boundaries, f;xcluding those areas in the city's sphere of influence outside of the current
city boundaries. The unincorporated areas of each county have received an allocation
which includes these unincorporated portions of each city's sphere of influence, in
addition to numbers for the unincorporated areas outside the SOI's. The distribution of
housing unit needs between cities and counties has raised a particular issue of concern to
both ABAG and Bay Area jurisdictions (particularly the counties). This attachment sets
forth a suggested process for transfer of the RHND allocation between a city and county
during the Revision process.
Discussion
The methodology uses existing city boundaries for defining RHND shares. This means
that all RHND responsibilities (housing units) that are assigned to unincorporated land
within a city's Sphere of Influence (SOI) are actually assigned to the county. This
method assigns numbers of housing units from the cities' unincorporated SOI's to the
counties' RHND responsibility. The counties are then responsible to plan for the
additional units, based on the State Housing Element Law.
During the 1989 ABAG RHND process, each city was given responsibility to plan for
housing units within their SOI. This created significant burdens on the cities by requiring
creation of a plan for lands that were not under their direct control. The reverse is now
true, in that the 1999 RAND requires counties to plan for units.
Planning for large numbers of units in unincorporated areas of the region could
encourage sprawl type development. This is contrary to ABAG's policies on growth and
many count.es' strategies of directing growth within existing cities and urbanized areas.
To address this issue, ABAG has formed a policy which allows counties and cities to
exchange R FIND responsibilities. During the 90 day review/revision period (February 1
through April 30, 2000) cities and counties have the opportunity to redistribute regional
need at the county level. All of the following conditions apply:
1. All cities and the county (for a given county) must agree to redistributing that
collective set of numbers as determined by the RHND allocation.
2. ABAG must be notified, in writing, by all jurisdictions, that they plan to
participate in the redistribution, by March 1, 2000.
3. The total RHND allocation identified for a given county and its incorporated
cities will remain static. The distribution percentages assigned to each
jurisdiction will remain unchanged as well.
4. A final and authorized agreement must be reached by all the involved
jurisdictions by April 30, 2000
5. Should an agreement not be reached, the county and its incorporated cities shall
use the final RHND allocation as approved by the ABAG Executive Board (Staff
expects this final approval will be given during the July 20, 2000 Executive Board
meet.ng).
Available Sphere of Influence Information
ABAG staff has identified housing units within unincorporated areas. Those that are within
the SOI of each city and those units outside of the SOI's (within county lands) have been
divided into groups for use in any redistribution. Refer to tables 1-8 for each county's SOI
numbers. This information is also available on the ABAG Regional Housing Needs website
at www.abag.ca.gov/planning/housin-gneeds/index.htmi
This process would require greater collaboration between county and city jurisdictions
for planning unincorporated land within city spheres of influence. Through negotiations
between city and county representatives, the number and density of units to be
accommodated within certain unincorporated lands can be effectively planned.
!i
AGREEMENT
TO SETTLE LITIGATION
RELATING TO
THE DOUGHERTY VALLEY
GENERAL PLAN AMENDMENT, SPECIFIC PLAN AND
ENVIRONMENTAL IMPACT REPORT
Town of Danville, et al. v. County of Contra Costa,et al.
Case No. C 93-00231
Contra Costa County Superior Court
May 11,.1994
ii
K. The Parties also have agreed that subject to certain terms and
conditions set forth below, the County may consider and approve or enter into (i) a
change in County's zoning ordinance to include the Dougherty Valley in the County's
P-1 zoning district (the "Rezoning"), (ii) preliminary development plans (the
"Preliminary Development Plans") for up to 11,440 units in the Dougherty Valley,
together with the commercial and other uses and facilities and infrastructure described
in the GPA and the Specific Plan, and (iii) a development agreement with Windemere
and a deve',.opment agreement with Shapell, which development agreements
(collectively, the "Development Agreements") would govern the development of the
Project, subject to CEQA and other applicable laws, under and consistent with the
GFA, Specific Plan, Rezoning and Preliminary Development Plans.
L. In connection with their discussions regarding the implementation
of the Specific Plan, the County, San Ramon and the Developers have discussed terms
under which those portions of the Dougherty Valley owned by Windemere and Shapell
(the "Windemere Property" and the "Shapell Property," respectively) may subject to
adequate funding arrangements as set forth below, be annexed to San Ramon. Such
terms maybe reflected in other agreements to be entered into between various Parties
to this Agreement, including (i) an annexation agreement between Windemere and
San Ramon and an annexation agreement between Shapell and San Ramon
(collectively, the "Annexation Agreements") and (ii) a property tax exchange
agreement between the County and San Ramon (the "Property Tax Exchange
Agreement").
M. San Ramon and the County have also agreed that "Fair Share"
credit for affordable housing units to be developed in the Dougherty Valley will be
allocated as set forth in Section 3.5 below. Such affordable units will be developed, as
required by the Specific Plan, pursuant to an affordable housing program adopted by
the County, which program may be amended upon the written agreement of the County
and each of the Developers.
N. Any resolution of the concerns of any Petitioner City or Petitioner
NGO which is not a Party to this Agreement may be reflected in a separate agreement
with suct:. Petitioner City or Petitioner NGO, which agreement shall be consistent with
the terms and provisions of this Agreement.
O. As more fully described in Exhibit A, attached hereto and
incorporrtted herein by reference, the principles expressed and procedures established in
and under this Agreement will provide a number of important benefits to the County,
San Ramon, Danville and the Tri-Valley Subregion generally.
4.
TO: BOARD OF SUPERVISORS :' ✓.
Contra
FROM: DENNIS M. BARRY, AICP Costa
COMMUNITY DEVELOPMENT DIRECTOR : ;. sCounty
n N�
DATE: DECEMBER 18, 2001
SUBJECT: HOUSING ELEMENT UPDATE, YR. 2001-2006 (COUNTY FILE: GP#01-0006)
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
RECOMMENDATIONS
1. OPEN the public hearing and receive testimony on the Housing Element Update,Yr.2001-
2006 (County File: GP# 01-0006).
2. CLOSE the public hearing.
3. ADOPT a Negative Declaration of Environmental Significance that the Housing Element
Update, Yr. 2001-2006, will not result in any new significant impacts on the environment
and determine that this environmental review is adequate for consideration of this General
Plan Amendment. A,
CONTINUED ON ATTACHMENT: X YES SIGNATURE -
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMM TEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON December 18, 2001 APPROVED AS RECOMMENDED OTHER
SEE ATTACHED ADDENDUM FOR BOARD'S ACTION.
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND
X UNANIMOUS(ABS=NT None) CORRECT COPY OF AN ACTION TAKEN AND
AYES: NOES: ENTERED ON THE MINUTES OF THE BOARD OF
ABSENT: ABS'rAIN: SUPERVISORS ON THE DATE SHOWN
Contact: Patrick Roche,CDD-AP,(Ph#335-1242) ATTESTED December 18, 2001
cc: Clerk of the Board JOHN SWEETEN, CLERK OF THE BOARD OF
CAO SUPERVISORS AND COUNTY ADMINISTRATOR
County Counsel
Public Works Dept.
Housing Authority BY DEPUTY
December 18,2001
Board of Supervisors
Housing Element Update,Yr'.2001-2006 Co. File: GP#01-0006
Page 2
RECOMMENDATIONS (continued)
4. ADOPT the Housing Element Update, Yr. 2001-2006 (as recommended in County
Planning Commission Resolution No. 29-2001) as the first General Plan Amendment for
calendar yea" 2001 as allowed under State Planning Law, and acknowledge that this
amendment would supersede and replace the text, maps, and related appendices for
Chapter 6. Kousing Element in the County General Plan (1995-2010).
5. DIRECT the Community Development Department to file the Notice of Determination for
the Negative Declaration with the County Clerk.
6. CONSIDER the other recommendations in County Planning Commission Resolution No.
29-2001 relating to a comprehensive affordable housing strategy_
FISCAL IMPACT
The costs for preparing the Housing Element Update have already been included in the Community
Development Department's budget. A significant portion of the costs for Housing Element preparation
are reimbursed by the State.
There are several actions contained in the Housing Element update that would require follow-up by the
Community Development Department in order to achieve the stated 5-year goals and objectives,which
would have an impact on the department's budget(see description of 5-year programs objectives in the
Housing Element Update for further information).
BACKGROUND/REASON FOR RECOMMENDATION
The County's current Housing Element was adopted bythe Board of Supervisors in 1992 and certified by
the California Department of Housing and Community Development Department (HCD) in 1993. The
approved Housing Element was subsequently included without significant change in the reconsolidation
of the County General Plan in 1996. As required under California Government Code Section 65580-
65589.8, the County must update and adopt a revised Housing Element for submission to HCD by
December 31, 2001. The Housing Element update must be consistent with the County General Plan,
satisfy all State regulations and HCD guidelines, and include the following components:
• A review and assessment of the County's experience in implementing the currently approved
Housing Element;
• An asse3sment of current and future housing needs and an inventory of resources and
constrairts relative to meeting those needs;
• A statem ant of County goals, objectives, and policies with respect to development of housing in
the Courty.
The planning period for the Housing Element update begins January 1, 2002 and ends on June 30,
2006. The geographic area to be covered includes the unincorporated area of the County.
December 18,2001
Board of Supervisors
Housing Element Update,Yr.2001-2006 Co. File:GP#01-0006
Page 3
BACKGROUND/REASON FOR RECOMMENDATION (continued)
The County Planning Commission conducted a public hearing on the Housing Element Update, Yr.
2001-2006, on November 13, 2001, and adopted a resolution recommending the Board of Supervisors
approve the Housing Element Update (see enclosed CPC Resolution No. 29-2001). In addition to
recommending approval of the Housing Element Update, the County Planning Commission also
recommended th:Board of Supervisors consider authorizing of a follow-up study to the Housing Element
that would include the following: (1) a study on the advisability of a comprehensive affordable housing
strategy that woJd include an inclusionary housing program with an in lieu fee program with all fees
collected to be placed in an account for use in the promotion and facilitation of affordable housing efforts
by the County; and, (2) an effort to establish a procedure by which Contra Costa County and its
constituent cities cooperate in the planning and facilitation of affordable housing through the County.
Enclosed for the Board's consideration is a copy of the Housing Element Update, Yr. 2001-2006, as
recommended by the County Planning Commission.The Housing Element document has been reviewed
by HCD, and in their initial review of the document they have indicated that it substantially satisfies the
state regulations and guidelines for preparation of the Housing Element. The adoption of this Housing
Element Update,Yr.2001-2006,would supersede and replace the text and maps for Chapter 6.Housing
Element and related appendices within the County General Plan (1995-2010).
PR\s:advplan\boardorderhousingelement