COUNTY OF SAN MATEO

Inter-Departmental Correspondence

Planning and Building Department

 

DATE:

October 18, 2010

BOARD MEETING DATE:

November 2, 2010

SPECIAL NOTICE/HEARING:

10-Day Notice

VOTE REQUIRED:

Majority

 

TO:

Honorable Board of Supervisors

   

FROM:

Jim Eggemeyer, Community Development Director

   

SUBJECT:

Consideration of a Resolution certifying a Negative Declaration for a revision to the County Housing Element, and directing staff to submit the revised Housing Element to the California Department of Housing and Community Development for review.

 

RECOMMENDATION:

Adopt a Resolution:

1.

Certifying the Negative Declaration as complete, correct and adequate, and prepared in accordance with the California Environmental Quality Act and applicable State and County Guidelines, and

   

2.

Directing staff to submit the updated General Plan Housing Element to the California Department of Housing and Community Development (HCD) for review and certification.

   

BACKGROUND:

Staff is proposing that the Board of Supervisors submit an updated and revised General Plan Housing Element to the California Department of Housing and Community Development for review and certification. Consistent with State law, the proposed amended Housing Element provides an updated assessment of the County’s existing and projected housing needs, identifies opportunities and constraints relevant to meeting those needs, evaluates the effectiveness of current housing programs, and develops new policies, programs, and quantified objectives to meet identified housing needs in unincorporated areas. Staff has also completed an Initial Study and proposed Negative Declaration for the draft Housing Element, based on environmental analysis demonstrating that adoption of the amended Housing Element will not have significant environmental impacts.

 

DISCUSSION:

A.

PROJECT DESCRIPTION

   
 

The project is a proposed General Plan Amendment to update and revise the General Plan Housing Element. On adoption, the updated Housing Element will replace the existing Housing Element contained at Chapter 14 of the San Mateo County General Plan.

   
 

State law requires local jurisdictions to periodically update the Housing Element of their General Plan. The updated Housing Element covers the period from 2007 to 2014 and on adoption will replace the existing Housing Element, adopted by the Board of Supervisors in 2003, covering the period from 1999 to 2006. Consistent with State law, the revised Housing Element: (1) provides an updated assessment of the County’s existing and projected housing needs; (2) identifies opportunities and constraints relevant to meeting those needs; (3) evaluates the effectiveness of current housing programs; and (4) develops new policies, programs, and quantified objectives to meet identified housing needs in unincorporated areas. The draft Housing Element is organized into eleven sections and an appendix, as described below:

   
 

1.

Introduction. This section explains the scope and purpose of the Housing Element and its relationship to other County plans and programs.

     
 

2.

Public Outreach. This section describes the County’s efforts to maximize public participation and input from all parts of the unincorporated County community in the Housing Element update.

     
 

3.

Existing Conditions. This section describes existing conditions in the County, including basic geographic and demographic information, housing conditions, economic conditions, and other current information.

     
 

4.

Housing Constraints. This section analyzes potential non-governmental, governmental and infrastructure constraints to housing development in unincorporated areas and summarizes potential constraints Countywide.

     
 

5.

Housing Needs. This section assesses current and projected housing needs, both Countywide and in unincorporated areas, related to housing supply, overpayment, overcrowding, rehabilitation, special needs, affordable units at risk of conversion to market-rate units, and other factors.

     
 

6.

Energy Conservation. This section addresses the County’s energy conservation efforts related to housing.

     
 

7.

Review of Prior Housing Element. This section evaluates the effectiveness and achievements of the policies/programs from the previous Housing Element, and makes recommendations on whether to continue, modify, or discontinue each policy/program.

     
 

8.

Housing Resources. This section summarizes the resources available to the County to address housing needs.

     
 

9.

Adequate Sites Inventory and Analysis. This section presents an inventory of all of the sites in the unincorporated County that could potentially be developed with new housing or redeveloped at higher intensities, and an assessment of the realistic development and/or redevelopment potential of each site.

     
 

10.

Housing Goals, Policies and Programs. This section describes the new and continued policies and programs the County will implement to address the County’s housing needs, including an implementation timeframe and targets for each policy/program.

     
 

11.

Five-Year Quantified Housing Objectives. This section presents the County’s goals for new housing production.

     
 

Appendix. The Appendix presents additional details on the public outreach process, summaries of public comment, and examples of outreach materials.

   
 

The draft Housing Element is available on the web at: http://www.co.sanmateo.ca.us/portal/site/planning/menuitem.2ca7e1985b6c8f5565d293e5d17332a0/?vgnextoid=e43ac68620349210VgnVCM1000001937230aRCRD&cpsextcurrchannel=1.

   
 

The Housing Element is also intended to address San Mateo County’s share of Regional Housing Need (the County’s Regional Housing Needs Allocation, or “RHNA”) as required by State law. San Mateo County’s RHNA is:

Income Category1

Units Needed

Extremely Low (up to $33,950)

172

Very Low (between $33,950 and $56,550)

171

Low (between $33,950 and $90,500)

247

Moderate (between $90,500 and $116,160)

291

Above Moderate (greater than $116,160)

625

Total

1,506

 

The inventory of adequate sites included in Section 9 of the Housing Element shows that the County has enough available sites for new development and/or redevelopment of housing to meet the need indicated in the County’s RHNA, without changes to zoning or other land use and development policies. The Housing Element does not create any new housing or other development, but contains policies intended to encourage and facilitate development and redevelopment of housing, particularly housing affordable to lower-income households.

   
 

The revised Housing Element proposes, in Policy HE 15, one zoning text amendment, addressing the requirements of SB 2 (Cedillo, 2007, amending Sections 65582, 65583, and 65589.5 of the State Government Code, described under “Key Issues,” below). This proposed amendment to the text of the Planned Colma (“PC”) zoning district would allow the creation of emergency shelters in PC-zoned areas without a requirement for a use permit. Shelters are currently allowed in the Colma PC-zoned area, but must apply for and receive a use permit in order to operate. The zoning text amendment would eliminate the use permit requirement, consistent with SB 2. This zoning text amendment would be considered for adoption separately from the Housing Element, at a later date, and would be examined by separate environmental analysis, but adoption of the revised Housing Element approves Policy HE 15 in principle and directs staff to prepare the submittal of the subsequent zoning text amendment for consideration and adoption by the Board of Supervisors.

   
 

Apart from the proposed amendment to the PC zoning district, the Housing Element does not propose any changes to the amounts, intensities, rates, locations or types of development permitted in unincorporated San Mateo County.

   
 

The revised Housing Element also proposes, in Policy HE 11, to examine certain specified parcels (listed in Section 9 of the Housing Element) that might be appropriate for future changes to zoning, General Plan land use designation, or other changes to the allowed type and intensity of development, in order to meet probable future housing needs. This policy only proposes examination of the appropriateness of such modifications for the specified parcels; approval of the Housing Element does not constitute approval of any changes to the permitted type or intensity of development on any of these parcels, and any such changes would be contingent on the results of further analysis.

   
 

The revised Housing Element was completed in collaboration with the County Housing Department, and with extensive participation from other County Departments, members of the public, and stakeholders involved in housing issues.

   

B.

KEY ISSUES

   
 

Department of Housing and Community Development (HCD) Certification

   
 

The County must submit a revision or amendment of the Housing Element to HCD for review at least 60 days prior to adoption. HCD must review drafts and report findings within 60 days of receipt of the draft revision or amendment. If HCD’s comments are available within the prescribed time limits, they must be considered by the Board of Supervisors prior to adoption of the Housing Element. The draft

 

Housing Element will be submitted to HCD after review by the Planning Commission, and approval by the Board of Supervisors (see Next Steps, below).

   
 

While the updated Housing Element covers the period from 2007 to 2014, the Housing Element was not required to be updated in 2007; State law requires San Mateo County to submit an updated Housing Element to HCD by June 30, 2009. This deadline has passed, but the County is in communication with HCD, and HCD is aware that the County’s revised Housing Element will be submitted after the deadline. In addition, while the revised Housing Element will cover the period up to 2014, recent changes in State law have changed the timeframe of required Housing Element updates, and the timing of the next required update has not yet been determined, although it will likely be after 2014.

   
 

New Requirements Since Adoption of the 2003 Housing Element

   
 

Since the adoption of the prior Housing Element, in 2004, the State Legislature has enacted several laws that change the required contents of the Housing Element. The most significant of these are:

   
 

AB 2348, requiring that the Housing Element contain more extensive analysis of available residential development sites than required under prior law. The Housing Element complies with AB 2348 through the analysis included in Section 9 of the Housing Element.

     
 

SB 2, establishing a requirement that local governments plan for development or location of emergency shelters as by-right uses within selected zoning districts. The Housing Element complies with SB 2 through Policy HE 15, described above.

     
 

Changes from the Prior Housing Element

   
 

The Housing Element has been revised and updated to reflect current conditions, current housing needs, best practices, the requirements of State law, and input received from stakeholders and County residents. The most significant changes are:

   
 

Proposed zoning text amendment to the PC zoning district to meet the requirements of SB 2.

     
 

More detailed inventory of sites that may be suitable for development of housing, to meet the requirements of AB 2348.

     
 

Greater emphasis on senior and special needs housing.

     
 

Greater emphasis on transit-oriented development.

     
 

Greater emphasis on green building.

     
 

An inventory of parcels proposed for future analysis, which may be suitable for future changes to zoning and/or land use designation to allow greater intensities of development.

     
 

Public Participation

   
 

The updated Housing Element is based on extensive public outreach and participation, including guidance from a steering committee, stakeholder workshops, community workshops, stakeholder interviews, distribution of informational brochures, a survey on housing issues, and other methods. Public participation included the following components:

   
 

Steering Committee. The County formed a Housing Element Steering Committee to provide input, review, technical assistance, and guidance on the Housing Element update. The Committee consisted of members with involvement and expertise in housing-related issues, and representatives of constituencies affected by County housing and development issues. The Steering Committee met throughout the update, to review outreach and participation strategies, offer technical expertise, provide input on housing needs, propose policies, review materials, and provide other feedback. Committee members also participated in the stakeholder forum and larger community workshops, helped distribute materials, and helped with outreach to other stakeholder groups and constituencies. The Committee members included: Randy Lamb, Lamb Partners, LLC; Linda Lopez, County Housing and Community Development Committee; Kent Mickelson, Center for Independence of the Disabled; David Mineta, County Resident; Chris Mohr/Greg Richane/Josh Hugg, Housing Leadership Council of San Mateo County; Laura Peterhans, Peninsula Interfaith Action; Dave Pine, San Mateo Union High School District Board Director; Richard Reisman, Home Partners, LLC; and Lennie Roberts, Committee for Green Foothills.

     
 

Stakeholder Forum. The County held a stakeholder forum on the Housing Element update, prior to creation of the draft Housing Element. The stakeholders represented a broad range of involvement in housing issues, including affordable housing developers, market-rate housing developers, environmental advocates, business and trade group representatives, representatives of special needs groups, and others. The workshop had approximately 40 participants. Stakeholders offered input on the County’s housing needs, their experiences working on housing issues and housing development in the County, the effectiveness of the County’s current policies, and potential changes to policies and regulations.

     
 

Public Workshops. The County held three public workshops, two prior to creation of the draft Housing Element, and one to receive comments on the draft Housing Element. The first two workshops were in North Fair Oaks and in Half Moon Bay. The final workshop was at County Center in Redwood City. The workshops were publicized through press releases, newspaper advertisements, brochures, posters posted at local community centers, libraries, and other locations, emailing to a wide variety of community partners, outreach by Steering Committee members, County website, and notices and handouts available at the Planning and Building Department and Housing Department. In addition to comments on the draft Housing Element, the final workshop also collected comments on the County’s environmental review of the updated Housing Element.

     
 

Interviews. The County conducted direct interviews with individual stakeholders, including representatives of service organizations, community groups, non-profits engaged in housing issues with various segments of the community, and others.

     
 

Brochures. The County produced informational brochures in English and Spanish for the Housing Element update. The brochures were distributed through County departments, through local libraries and community centers, and by Steering Committee members.

     
 

Survey. The County prepared a survey of County housing issues to obtain feedback on the issues most critical to County residents. The survey was prepared as a pre-paid, mail-back paper survey, in English and Spanish, distributed as an insert in the brochures described above, and as an identical online survey through the County website. After completion of the draft Housing Element, and the Initial Study and Notice of Intent to Adopt a Negative Declaration for the project, another survey was distributed online to collect input on the updated Housing Element, and on the County’s environmental review of the draft Housing Element.

     
 

Website. The County maintained a website describing the Housing Element update, providing information on housing issues, providing notice of meeting and hearing dates and other key dates and deadlines, and providing access to the current Housing Element, the online survey, electronic versions of the informational brochure, contact information for County staff, and other information.

     
 

Consistency with the General Plan and Other County Land Use Plans

   
 

The revised Housing Element has been reviewed for consistency, and is consistent with all other elements of the County’s General Plan, with all area plans, with the County’s Local Coastal Program, and with the County’s Comprehensive Airport Land Use Plan.

   
 

Planning Commission Consideration

   
 

The San Mateo County Planning Commission reviewed the revised Housing Element and related Negative Declaration on September 8, 2010, and recommended that the Board of Supervisors certify the Negative Declaration complete, and that the Board direct Planning staff to submit the revised Housing Element to the California Department of Housing and Community Development, with minor modification recommended by the Planning Commission. The Planning Commission’s suggested modifications include:

   
 

Greater explanation of how the policies and programs in the Housing Element address greenhouse gas emissions and climate change.

     
 

Addition of a policy to work with the County Housing Department and C/CAG to create a map of transit-oriented development opportunity sites, in 1/4 and 1/2 mile proximity to major transit routes, indicating sites by their suitability for housing at various income levels.

     
 

These changes have been added to the revised Housing Element.

   
 

Next Steps

   
 

Prior to adoption of the revised Housing Element, the Board of Supervisors must forward the Housing Element to the State Department of Housing and Community Development (HCD) for review and certification. HCD has 60 days after receipt of the Housing Element to comment, suggest changes, and/or certify the Housing Element as adequately meeting the requirements of State law. After HCD’s review, and after consideration of any changes to the Housing Element suggested by HCD, the Board of Supervisors may adopt the updated Housing Element, which would replace the current Housing Element of the General Plan.

   

C.

ENVIRONMENTAL REVIEW

   
 

County staff has completed an Initial Study of the project, indicating that adoption of the updated Housing Element will not have any significant environmental impacts. The Initial Study and Negative Declaration for the project are included at the end of this report. The Initial Study and Notice of Intent to Adopt a Negative Declaration were circulated for public review between August 6, 2010 and September 7, 2010. No comments on the Negative Declaration were received during this time period, and no subsequent comments were received.

   

D.

REVIEWING AGENCIES

   
 

County Counsel

 

San Mateo County Housing Department

   

County Counsel has reviewed and approved the Resolution as to form and content.

 

Submittal of the updated General Plan Housing Element to the California Department of Housing and Community Development, and eventual adoption of the revised Housing Element, contributes to the 2025 Shared Vision outcome of a Livable Community by promoting affordable housing for San Mateo County residents.

 

FISCAL IMPACT:

The updated Housing Element, once adopted, will commit County staff to a number of programmatic actions. However, these actions are within the scope of normal work by Planning and Building Department staff, Housing Department staff, and other County staff. Submittal of the updated General Plan Housing Element to the California Department of Housing and Community Development, and eventual adoption of the revised Housing Element, will not have any fiscal impact to the County.

 

1 Income category from 2009, based on a family of four.