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HomeMy WebLinkAbout01-25-2021 Council Agenda packet -Study sessionSaratoga City Council Agenda – January 25, 2021 - Page 1 of 2 SARATOGA CITY COUNCIL SPECIAL MEETING JANUARY 25, 2021 6:00 P.M. SPECIAL MEETING Teleconference/Public Participation Information to Mitigate the Spread of COVID‐19 This meeting will be entirely by teleconference. All Council members and staff will only participate via the Zoom platform using the process described below. The meeting is being conducted in compliance with the Governor’s Executive Order N‐29‐20 suspending certain teleconference rules required by the Ralph M. Brown Act. The purpose of this order was to provide the safest environment for the public, elected officials, and staff while allowing for continued operation of the government and public participation during the COVID‐19 pandemic. Members of the public may view and participate in the meeting by: 1. Using the Zoom website https://us02web.zoom.us/j/89034971856 or App (Webinar ID 890 3497 1856) and raising their hand when directed to speak on an agenda item; OR 2. Calling 1.408.638.0968 or 1.669.900.6833 and pressing *9 to raise their hand to speak on an agenda item when directed. The public will not be able to participate in the meeting in person. As always, members of the public can send written comments to the Council prior to the meeting by commenting online at www.saratoga.ca.us/comment prior to the start of the meeting. These emails will be provided to the members of the Council and will become part of the official record of the meeting. During the meeting the Mayor will explain the process for members of the public to be recognized to offer public comment. In accordance with the Americans with Disabilities Act and the Governor’s Executive Order, if you need assistance to participate in this meeting due to a disability, please contact the City Clerk at debbieb@saratoga.ca.us or calling 408.868.1216 as soon as possible before the meeting. The City will use its best efforts to provide reasonable accommodations to provide as much accessibility as possible while also maintaining public safety. Saratoga City Council Agenda – January 25, 2021 - Page 2 of 2 ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this Agenda. The law generally prohibits the Council from discussing or taking action on such items. However, the Council may instruct Staff accordingly. AGENDA ITEMS: Housing Laws and New Legislation Update Recommended Action: Accept staff report and provide direction to staff. Housing Element Update Kick Off Recommended Action: Accept staff report and provide direction to staff. ADJOURNMENT CERTIFICATE OF POSTING OF THE AGENDA, DISTRIBUTION OF THE AGENDA PACKET, COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT I, Debbie Bretschneider, CMC, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council was posted and available for review on January 21, 2021 at the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, California and on the City's website at www.saratoga.ca.us. Signed this 21st day of January 2021 at Saratoga, California. Debbie Bretschneider, CMC, City Clerk In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the City Council by City staff in connection with this agenda, copies of materials distributed to the City Council concurrently with the posting of the agenda, and materials distributed to the City Council by staff after the posting of the agenda are available on the City Website at www.saratoga.ca.us. Following removal of State and local shelter in place orders these materials will be available for review in the office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, California. In Compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk at debbieb@saratoga.ca.us or calling 408.868.1216 as soon as possible before the meeting. The City will use its best efforts to provide reasonable accommodations to provide as much accessibility as possible while also maintaining public safety. [28 CFR 35.102-35.104 ADA title II] To view current or previous City Council Meeting videos, visit www.saratoga.ca.us/council Saratoga City council Agenda – Page 1 of 2 SARATOGA CITY COUNCIL SPECIAL MEETING JANUARY 25, 2021 6:00 PM CITY COUNCIL SPECIAL MEETING Saratoga City Hall | 13777 Fruitvale Avenue, Saratoga Ca 95070 ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Any member of the public will be allowed to address the City Council for up to three (3) minutes on matters not on this Agenda. The law generally prohibits the Council from discussing or taking action on such items. However, the Council may instruct Staff accordingly. AGENDA ITEMS Housing Laws and New Legislation Update Recommended Action: Accept staff report and provide direction to staff. Staff Report Attachment A – 2020 Legislative Update Attachment B – 2021 Senate Housing Package Presentation Housing Element Update Kick Off Recommended Action: Accept staff report and provide direction to staff. Staff Report Presentation ADJOURNMENT CERTIFICATE OF POSTING OF THE AGENDA, DISTRIBUTION OF THE AGENDA PACKET, COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT I, Nora Pimentel, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting of the City Council was posted and available for review on MONTH 00, 0000 at the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, CA 95070 and on the City's website at www.saratoga.ca.us. Signed this 00th day of MONTH 0000 at Saratoga, California. Nora Pimentel, MMC, City Clerk 1 Saratoga City council Agenda – Page 2 of 2 In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials provided to the City Council by City staff in connection with this agenda are available at the office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of materials distributed to the City Council concurrently with the posting of the agenda are also available on the City Website at www.saratoga.ca.us. Any materials distributed by staff after the posting of the agenda are made available for public review at the office of the City Clerk at the time they are distributed to the City Council. These materials are also posted on the City website. In Compliance with the Americans with Disabilities Act, if you need assistance to participate in this meeting, please contact the City Clerk at 408/868-1269. Notification 24 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102- 35.104 ADA title II] 2 SARATOGA CITY COUNCIL MEETING DATE:January 25, 2021 DEPARTMENT:City Attorney PREPARED BY:Richard Taylor, City Attorney SUBJECT:Housing Laws and New Legislation Update RECOMMENDED ACTION: Accept staff report and provide direction to staff. BACKGROUND: Attached is a summary of legislation adopted in 2020 that will affect City operations. During the retreat study session on the legislative update and Housing Element update staff will make a presentation on the housing laws and legislation and be available to answer questions concerning other legislation passed in 2020. In order to provide context for the discussion of the Housing Element that will follow the legislative update, the presentation will include an overview of key State housing laws, significant amendments 2019 and 2020, and legislation anticipated in 2021. Attachment B is a description of the “Senate Housing Package” that is being advanced by Senate President Toni for consideration in 2021. The attached description can be accessed online here. The City Council took positions on several bills considered in 2020. The table below summarizes those bills, the City’s position, and the ultimate action on the legislation. Many bills were not debated fully in 2020 due to the COVID pandemic. Many bills not adopted in 2020 are expected to be proposed again in the 2021 session for further consideration. City of Saratoga 2020 Legislative Positions Bill Topic Council Position Status SB 292 (Rubio)Promoting insurance coverage for high fire risk areas. Support Not adopted. SB 431 (McGuire)Requiring backup power systems for cell tower sites in high fire risk areas. Support Not adopted. SB795 (Beall)Committing $2 billion to housing programs and climate resiliency. Support Not adopted. SB 902 (Wiener)Allowing rezoning to permit 10 Oppose Not adopted. 3 units per parcel with no environmental review. SB 1120 (Atkins)Mandating ministerial approval of duplexes and 2-lot subdivisions. Oppose Not adopted. AB 2167 (Daly & Cooley) Promoting insurance coverage for high fire risk areas. Support Not adopted. AB 2178 (Levine)Allowing public agencies to treat public safety power shutoffs as emergencies. Support Not adopted. AB 3266 (Garcia)Authorizing bonds to finance wildfire prevention, economic recovery, and other matters. Support Not adopted. ATTACHMENT: Attachment A – 2020 Legislative Update Attachment B – 2021 Senate Housing Package . Staff Report on 2020 Legislative Update(1328264.1).doc 4 Saratoga 2020 Legislative Update Community Development AB 168 (Aguiar-Curry)– Requires applicants for SB 35 projects to submit a notice of intent to apply and requires the affected local government to initiate consultation with potentially affected California Native American tribes and to apply only the laws and policies in effect at the time that the notice of intent is filed in reviewing the project except for the addition of a tribal cultural resource to a historic register. The measure also requires that the annual report on the status of a city’s general plan and progress in its implementation must now include information on the progress of the city in adopting or amending its general plan or local open-space element in compliance with its obligations to consult with California Native American tribes, and to identify and protect, preserve, and mitigate impacts to specified places, features, and objects. AB 725 (Wicks)- Requires metropolitan and suburban jurisdictions such as Saratoga to ensure that at least 25 percent of their regional housing need for moderate-income housing is allocated to sites with zoning that allows at least four units of housing, but no more than 100 units per acre of housing. The bill also requires that at least 25 percent of their regional housing need for above-moderate income housing is allocated to sites with zoning that allows at least four units. AB 831 (Grayson)– Allows modification of SB35 development projects prior to the issuance of the final building permit required for construction and prescribes the process for local government action on applications for modification. With limited exceptions the modification must be approved if consistent with the objective standards in effect at the time the original application was submitted unless the total number of residential units or total square footage of construction changes by 15 percent or more.in which case later-adopted objective standards may be applied. This measure also requires that local governments must approve and construct public improvements to be provided in conjunction with an SB35 project in a manner that does not inhibit, chill, or preclude the development. Local governments must not unreasonably delay consideration and approval of the application and must conduct the evaluation based on objective standards in effect when the development application was submitted. AB 1561 (Garcia)- Extends by 18 months the time frame for the expiration, effectuation, or utilization of a housing entitlement that was issued prior to, and was in effect on, March 4, 2020 and set to expire prior to December 31, 2021. The measure also extends, by 30 days, the time frame under the California Environmental Quality Act (CEQA) for a Native American tribe to respond to a lead agency and request consultation in writing relating to an environmental impact report for any housing development project application determined or deemed complete on or after March 4, 2020 and prior to December 31, 2021. Starting in 2024 the measure requires cities and counties to evaluate the impact of government actions on the cost of housing and associated impacts to minority communities. AB 1851 (Wicks)– Promotes use of religious facility sites for housing by prohibiting local agencies from (i) requiring the replacement of religious-use parking spaces that a developer of a religious institution affiliated housing development proposes to eliminate as part of the project; and (ii) denying such a housing development project solely on the basis that the project will reduce the total number of parking spaces available at the place of worship, provided that the 5 2 total reduction does not exceed 50 percent of existing parking spaces. This measure also requires a local agency to allow the number of religious-use parking spaces that will be available after completion of a religious institution affiliated housing development project to count toward the number of parking spaces otherwise required for approval. Local agencies may require up to one parking space per unit for a religious institution affiliated housing development project. AB 2345 (Gonzalez)- Revises the Density Bonus Law to increase the maximum allowable additional density from 35 to 50 percent, reduce the number of affordable units a project needs to qualify for incentives or concessions under the law, and reduce the amount of parking that can be required of qualifying projects. . This measure also requires that the annual report on Housing Element implementation include information regarding density bonuses. AB 2421 (Quirk) – Requires a streamlined ministerial local permitting process for siting back-up power generators on macro cell tower sites through January 1, 2024. AB 3182 (Ting)– Provides that an application for an accessory dwelling unit is deemed approved if the local agency does not act on the application within 60 days and requires approval of both an accessory dwelling unit and a junior accessory dwelling unit per lot with a proposed or existing single-family dwelling if certain requirements are met. The bill also requires common interest developments to allow at least 25 percent of owners to rent or lease out their units. Accessory Dwelling Units and junior accessory dwelling units are not counted toward this cap. AB 3308 (Gabriel)- Allows school districts to restrict occupancy of affordable housing on school district-owned land, funded with low income housing tax credits, to teachers and school district employees of the school district that owns the land, regardless of any laws that prohibit a priority or preference for school district employees and teachers. SB 288 (Wiener)- Exempts from the California Environmental Quality Act (CEQA), until 2023, various transit-related projects such as pedestrian and bicycle facilities projects, transit prioritization projects, and projects for the institution or increase of new bus rapid transit, bus, or light rail service on existing public rights-of-way or existing highway rights-of-way. SB 940 (Beall)– Allows the City of San Jose, in making zoning changes under the Housing Crisis Act of 2019, to instead of making concurrent changes proactively change a zoning ordinance to a more intensive use and use the added capacity to later rezone land to a less intensive use as long as there is no net loss in residential capacity. The City of San Jose must report each downzoning online in a publicly-accessible format and in their annual progress report and submit the annual report to the relevant policy committees of the Legislature in every year that the City of San Jose amends a zoning ordinance pursuant to this bill. This measure sunsets on the date the city’s Housing Element for the sixth cycle is due. SB 1030 (Committee on Housing) -This measure makes technical changes to various sections of the law regarding housing. Of relevance to Saratoga, the bill further streamlines the development review process under the Housing Accountability Act to allow applicants to submit a final application without having submitted a preliminary application. The bill also clarifies that charter cities are subject to laws regarding accessory dwelling units. 6 3 SB 146 (Beall) Regional Transportation Plans. Sustainable Communities Strategies. Procedural Requirements. Chapter 177, Statutes of 2020 This measure allows metropolitan planning organizations and regional transportation planning agencies to use electronic communication platforms for public engagement. Specifically, existing law requires these public agencies to complete certain procedural requirements while drafting Sustainable Communities Strategies such as conducting informational meetings, workshops throughout the region, and public hearings on draft documents. This measure, until January 1, 2023, re-characterizes these workshops as public engagement gatherings and authorizes these informational meetings, public engagement gatherings, and public hearings to be conducted by electronic means. Administrative Services SB 1447 (Bradford)- Allows a credit against the personal income and corporate income taxes for each taxable year beginning on or after January 1, 2020, and before January 1, 2021, to certain small businesses in an amount equal to $1,000 for each new hire, not to exceed one $100,000 to any one business. Notably for local governments, this tax credit uniquely allows small businesses to apply the credit against any sales and use tax liability. SB 1473 (Committee on Governance and Finance)- This measure is the annual local government omnibus which makes several minor changes to state laws governing local agencies’ powers and duties. Notably for Saratoga this measure allows public agencies to process electronically claims made under the Government Torts Claim Act. Staff will be bringing electronic claim filing procedures to the Council in the near future. Public Works AB 1286 (Muratsuchi)- Requires a shared mobility device provider (e.g., bike and scooter sharing services) to obtain a permit or agreement with the city or county it seeks to operate in and comply with all local operation, parking, maintenance, and safety rules. This measure also requires shared mobility device providers to maintain minimum commercial general liability insurance coverage of not less than $1 million for each occurrence of bodily injury or property damage and not less than five million dollars aggregate for all occurrences during the policy period. Staff is not aware of any mobility device providers operating in Saratoga or of any that have expressed interest in doing so. AB 1788 (Bloom)- Prohibits the use of second-generation anticoagulant rodenticides (SGAR) statewide until the Department of Pesticide Regulation (DPR) director certifies specified measures have been taken to evaluate, restrict, and only use SGAR when necessary. During that prohibition, this measure provides exemptions for activities and locations necessary for public health and the continued production of uncontaminated food and other biological products. The City does not currently use these rodenticides in its operations. AB 2231 (Kalra)– Declares that a public subsidy to a private project is de minimis with respect to prevailing wage requirements if it is (i) less than $600,000 and (ii) less than 2 percent of the 7 4 total project cost. If the subsidy is for a residential project consisting entirely of single-family dwellings, the $600,000 cap does not apply. The rule applies to bids advertised or contracts awarded after July 1, 2021. AB 2311 (Low)- Requires public entities to include in all bid documents and construction contracts a notice that the project is subject to a skilled and trained workforce requirement when such requirement is imposed by law. SB 1003 (Jones) -Expands existing law providing public entities qualified immunity in connection with skateboarding in skateboard parks to also include the riding of other wheeled recreational devices, such as scooters and inline skates. This measure considers the riding of other wheeled recreational devices a “hazardous recreational activity” similar to skateboarding. Community Services AB 2152 (Gloria) -Prohibits a pet store from selling dogs, cats, or rabbits, but allows a pet store to provide space to display animals for adoption if the animals are displayed by either a shelter or animal rescue group. This measure also establishes a fee limit of $500, inclusive of the adoption fee, for animals adopted at a pet store. SB 573 (Chang) -Requires animal control agencies and shelters to microchip a dog or cat with current information before releasing a dog or cat to an owner seeking to reclaim it, or adopt out, sell, or give away to a new owner. This measure also allows a shelter or rescue group that does not have microchipping capability on location to enter into an agreement with the owner or new owner to present proof, within 30 days, that the dog or cat is microchipped. SB 793 (Hill)- Prohibits a tobacco retailer, or any of the tobacco retailer’s agents or employees, from selling, offering for sale, or possessing with the intent to sell or offer for sale a flavored tobacco product or a tobacco product flavor enhancer. “Flavored tobacco product” includes any tobacco product that has a characterizing flavor, which is defined to cover any distinguishable taste or aroma other than that of tobacco, explicitly listing mint and menthol flavors as examples. (This measure is the subject of a referendum; if sufficient signatures are verified it will not take effect unless approved by voters at the November, 2022 election.) AB 3364 (Committee on Judiciary)- Enacts numerous technical changes to several California codes. Of relevance to Saratoga, the measure provides that nothing in existing law outlining the disclosures and duties required of property buyers and sellers in high or very high fire severity zones is to be interpreted as limiting the ability of a state or local agency to enforce defensible space requirements. City Clerk AB 992 (Mullin)– Provides that a member of a legislative body covered by the Brown Act may engage in separate conversations or communications outside of a meeting using a internet-based social media platform that allows all members of the to access and participate, free of charge, without pre-approval without being blocked except when the platform determines that an 8 5 individual violated its protocols or rules. The communications may be to answer questions, provide information to the public, or to solicit information from the public regarding a matter that is within the subject matter jurisdiction of the legislative body, provided that a majority of the members do not use the platform to discuss among themselves, business of a specific nature that is within the subject matter jurisdiction of the legislative body. Additionally, a member may not respond directly to any communication on an internet-based social media platform regarding a matter that is within the subject matter jurisdiction of the legislative body that is made, posted, or shared by any other member of the legislative body. The measure sunsets in 2026. AB 2151 (Gallagher)- Requires local government agencies to post on their websites within 72 hours (not including Saturdays, Sundays, or holidays) copies of documents filed pursuant to the campaign finance disclosure provisions of the Political Reform Act, if the document is filed with that agency in paper format. The measure allows redaction of sensitive personal information. It also requires documents posted to be made available for four years from the date of the election associated with the filing. Saratoga 2020 Legislative Summary(1328179.1).docx 9 1/14/2021 Senate Housing Package: Building Opportunities for All | Focus https://focus.senate.ca.gov/housing 1/4 California is facing a severe housing crisis, and Californians need real housing solutions. The state will need an estimated 1.8 million new homes by 2025 in order to meet demand, yet on average, only 80,000 new homes are built per year, according to the Department of Housing and Community Development. As communities throughout California work to accommodate projected growth, there is a unique opportunity to pursue legislation and policies that support the needs of local governments and Californians. In an effort to create housing opportunities and solutions for California, Senate President pro Tempore Toni G. Atkins (D-San Diego), and Senators Anna Caballero (D-Salinas), Nancy Skinner (D-Berkeley), Scott Wiener (D-San Francisco), along with Senators María Elena Durazo (D-Los Angeles), Lena Gonzalez (D-Long Beach), Mike McGuire (D-Healdsburg), Richard Roth (D-Riverside), and Susan Rubio (D-Baldwin Park), have introduced the “Building Opportunities for All” Senate Housing Package. The package of bills empowers homeowners who want to help solve the crisis, provides more land-use tools and flexibility to meet the needs of local governments and community partners, and streamlines procedural hurdles. With the continued threat of COVID-19 and the danger it poses to workers and families without adequate housing, addressing this issue is critical. Individually, these bills each address a variety of causes that have contributed to the lack of housing production in our state. Together, they make up a unified approach to this challenge, creating pathways to home ownership, stable housing 10 1/14/2021 Senate Housing Package: Building Opportunities for All | Focus https://focus.senate.ca.gov/housing 2/4 for vulnerable families, and a pathway to economic stability for individuals and families. THE BILL PACKAGE SB 5 Senate Housing Bond (Atkins, Caballero, McGuire, Roth, Rubio, Skinner, Wiener) Senate Bill 5 establishes the initial framework for a statewide housing bond that would fund the creation of new, affordable housing for homeless and low-income families. Read Senate Bill 5 (http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml? bill_id=202120220SB5) SB 6 The Neighborhood Homes Act (Caballero) Senate Bill 6 authorizes residential development on existing lots currently zoned for commercial office and retail space such as strip malls or large “big box” retail spaces. The bill requires the development of residential units be at a minimum density to accommodate affordable housing and abide by existing local planning and development ordinances. Read Senate Bill 6 (http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml? bill_id=202120220SB6) SB 7 The Housing + Jobs Expansion& Extension Act (Atkins) 11 1/14/2021 Senate Housing Package: Building Opportunities for All | Focus https://focus.senate.ca.gov/housing 3/4 Senate Bill 7 seeks to improve the California Environmental Quality Act (CEQA) process by extending and expanding provisions of AB 900, which streamlined paperwork and expedited legal challenges to large, multi-benefit housing, energy, and manufacturing projects. SB 7 would extend the 2021 ‘sunset’ of AB 900, which created jobs and investment in the state, through 2025. Read Senate Bill 7 (http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml? bill_id=202120220SB7) SB 8 (Skinner) California is in an extreme housing shortage. We now rank 49th in the number of housing units per capita and are home to 33 of the 50 US cities with the highest rents. SB 8 will address our housing crisis by focusing on opportunities to ensure housing production can continue to move forward in the state. Read Senate Bill 8 (http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml? bill_id=202120220SB8) SB 9 California Housing Opportunity& More Efficiency (HOME) Act (Atkins) Senate Bill 9 promotes small-scale neighborhood residential development by streamlining the process for a homeowner to create a duplex or subdivide an existing lot in residential areas. This bill builds on the successful approach of Accessory Dwelling Units (ADUs) and expands options for homeowners who wish to be part of the solution in solving California’s housing crisis. Read Senate Bill 9 (http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml? bill_id=202120220SB9) SB 10 (Wiener) SB 10 allows cities to upzone areas close to job centers, transit, and existing urbanized areas to allow up to ten units without having to go through the lengthy CEQA process. SB 10 will make it easier for cities to build housing affordable to young people and working families. 12 1/14/2021 Senate Housing Package: Building Opportunities for All | Focus https://focus.senate.ca.gov/housing 4/4 California State Senate (http://www.senate.ca.gov/) | Majority Caucus © 2020 (http://democrats.senate.ca.gov/) | Privacy Policy (http://democrats.senate.ca.gov/privacy) | Accessibility Statement (http://senate.ca.gov/accessibility) | Register to Vote (http://registertovote.ca.gov/) Read Senate Bill 10 (http://leginfo.legislature.ca.gov/faces/billNavClient.xhtml? bill_id=202120220SB10) 13 Overview of Housing Laws and Legislation Retreat Study Session –January 25, 2021 14 Topics •Housing Accountability Act •Density Bonus Law •Streamlined Ministerial Approval (SB 35) •Housing Crisis Act of 2019 •Housing Element Law •Saratoga’s Measure G •Questions on Other Legislation 15 Seeks to “meaningfully and effectively curb[] the capability of local governments to deny, reduce the density for, or render infeasible housing development projects…” •Limits ability to deny or reduce density of residential projects •Strict remedies •2021 Legislation •Senate Bill 9 (Atkins) By right duplex/lot split approval •Senate Bill 6 (Caballero) Allowing residential development in commercial zones Housing Accountability Act 16 Seeks to relax local development standards for qualifying projects •Density bonus of up to 50% •Waivers, Incentives & Concessions •Reduced parking standards •2021 Legislation •Senate Bill 8 (Skinner) Spot bill with stated intent to amend the density bonus law. Density Bonus Law 17 Streamlined Ministerial Approval (SB 35) Seeks to allow by-right approval of projects in jurisdictions that are not meeting RHNA goals •May apply only objective standards •No environmental review •Eligible for density bonus law benefits •Subject to Housing Accountability Act requirements •Applies to related public works improvements 18 Seeks to prohibit new limits on housing and streamline new housing development •Prohibits local actions that would reduce the density or intensity of residential uses •Applies to height, density, floor area ratio, open space or lot size requirements, setback requirements, frontage requirements, lot coverage limitations, or anything that would lessen the intensity of housing •Allows reductions in housing density or intensity if offset by comparable increases elsewhere •Allows no more than 5 public meetings for any proposed residential project •2021 Legislation •Senate Bill 10 (Weiner) Would allow rezoning to allow up to 10 units per parcel without environmental review Housing Crisis Act of 2019 19 Housing Element Law •Seeks to ensure that each city and county has designated sufficient land at sufficient densities to meet its fair share of regional housing need. •Regional Housing Needs Allocation •Building Sites Inventory •Measures to Affirmatively Further Fair Housing •Governmental and Nongovernmental Constraints Housing •Financial and land use remedies for non-compliance 20 Saratoga’s Measure G Seeks to protect Saratoga community by requiring a vote of the people for any General Plan amendment increasing the intensity of use of lands designated for residential or outdoor recreation use. Includes an exception to the voter approval requirement if: •Changes are essential for Housing Element compliance with state law; •No other feasible alternatives for compliance are available; and •The Department of Housing and Community Development has found that the Housing Element is in substantial compliance with state law. 21 Questions on Other Legislation Summarized in Attachment A to the staff report​ 22 23 SARATOGA CITY COUNCIL MEETING DATE:January 25, 2021 DEPARTMENT:Community Development Department PREPARED BY:Debbie Pedro, Community Development Director SUBJECT:Housing Element Update Kick Off RECOMMENDED ACTION: Accept staff report and provide direction to staff. BACKGROUND: Since 1969, cities and counties in California have been required to plan for future housing needs for all income levels by including a Housing Element in their General Plan. The Housing Element serves as a long-term blueprint for future housing development. It is one of the seven required elements to a General Plan, which are different chapters in a General Plan that address specific topics. State law requires Housing Elements to be updated every 8 years. According to the California Department of Housing and Community Development (HCD),local governments must adopt plans and regulations that provide opportunities for (and do not unduly constrain) the private market to develop housing. Every 8 years, housing needs are assessed within the different regions of California. After identifying regional housing needs, the total number of housing units projected to be needed for each income level is distributed among the jurisdictions in the region. This is called the Regional Housing Needs Allocation (RHNA) process. Jurisdictions must then update their Housing Elements to identify policies and specific locations for residential development to provide the opportunity to reach the jurisdiction’s RHNA allocation. Based on growth projections from the State Department of Finance, HCD determines housing needs within each of the 18 regions in the State. Each Council of Government for the different regions is then responsible for divvying up the housing needs among all the jurisdictions within that region. The Council of Government that represents the counties of Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, Solano, and Sonoma is the Association of Bay Area Governments (ABAG). In October 2019,ABAG formed an ad hoc Housing Methodology Committee comprised of local elected officials, staff, and regional stakeholders to establish the methodology for allocating the shares of the region’s total housing need to every local government in the Bay Area. 24 The draft housing allocation for Saratoga and other jurisdictions is expected by spring 2021 with the final allocation being provided by winter 2021. Jurisdictions will then use their individual RHNA allocation to update the Housing Element and plan for the projected housing needs. The draft Housing Element will be submitted to HCD for review and certification in late 2022 and the City has to adopt the updated Housing Element by January 2023. Regional Housing Need Allocation (RHNA) In June 2020, HCD provided the housing needs allocation for the Bay Area for the 2023-2031 period. The total number of new housing units needed is 441,176. This compares to 187,990 for the prior planning period of 2015-2023 representing a 234% increase in future housing to be planned for in the Bay Area. The ABAG Executive Board, based on recommendations from the Housing Methodology Committee, is scheduled to adopt the Draft RHNA Methodology on January 21, 2021. The Draft Methodology is then submitted to HCD for review, with feedback expected by Spring 2021. The allocation methodology is based on 5 statutory objectives identified in Government Code Section 65584(d): 1. Increase the housing supply and the mix of housing types in an equitable manner 2. Promote infill development, efficient development, and GHG reduction 3. Promote better relationship between jobs and housing, improving the balance between the number of low-wage jobs and the number of housing units affordable to low wage workers in each jurisdiction 4. Balance existing disproportionate concentrations of income categories 5. Affirmatively further fair housing to address disparities in housing needs, access to opportunity, and segregated living patterns. The table below shows the current estimated draft RHNA allocation for the City of Saratoga, as well as the City’s RHNA allocation for the current 2015-2023 Housing Element. This allocation for 2023-2032 is still a draft and will not be finalized until winter 2021. Jurisdictions may appeal their draft RHNA number during the summer of 2021. Cycle Total Very Low Income Low Income Moderate Income Above Moderate 2015-2023 439 147 (33%) 95 (22%)104 (24%) 93 (21%) 2023-2031(draft)1,712 454 (27%)261 (15%)278 (16%)719 (42%) Housing Elements must include plans to accommodate the housing units for each income level identified in the final RHNA allocation. The income levels are based on the Area Median Income (AMI) determined annually for each county by HCD. The 2020 AMI for Santa Clara County is $141,600 for a four-person household. The thresholds for the different income levels for a four- person household are listed below: Very Low Income (Less than 50% of AMI): <$70,800 Low Income (50-80% of AMI): $70,800 to $113,280 Moderate Income (80-120% of AMI): $113,280 to $169,920 Above Moderate Income (More than 120% of AMI): >$169,920 25 Building Site Inventory The Housing Element must include an inventory of land suitable and available for residential development to meet each income level in the City’s RHNA. In Saratoga, the majority of the housing stock is made up of single-family homes and town homes that fall in the above moderate income category. In the last 6 years, the City has issued a total of 106 permits for new housing units, 27 single-family home permits and 79 accessory dwelling unit permits. By the end of the 8 year planning cycle, it is projected that the City will have issued permits for approximately 175 housing units, far below the RHNA allocation for the current cycle which calls for a total of 439 housing units. In preparing the Housing Element Site Inventory, the City must identify and analyze sites that are available and suitable for development to demonstrate that there are sufficient and adequate sites to accommodate 1,712 units of development at the respective RHNA income categories. At the retreat, staff will hold an interactive session with the Council to discuss the anticipated impacts and possible options to comply with RHNA. 26 Housing Element Kickoff Retreat Study Session –January 25, 2021 27 Topics •Housing Element Background •Draft RHNA Methodology and Allocations •Structure of the Housing Element •Building Site Inventory •Community Priorities •Timeline •Questions 28 Housing Element Background •Requirement of State law since 1969 to plan for future housing needs across all income levels •Updated every 8 years •Housing needs assessed within different regions of State and each jurisdiction receives a portion of Regional Housing Needs Allocation (RHNA) •Housing Elements must identify policies and specific locations for residential development to provide opportunity to reach RHNA allocation 29 RHNA Methodology 441,176Bay Area Regional Housing Need Determination (RHND)from HCD 30 RHNA Allocations by County 31 Draft RHNA Allocation by City 32 Draft RHNA & Income Limits Saratoga Draft Housing Units Allocation (1/21/21) Income Category Draft RHNA Max Home Price* Very Low (up to $70,800)454 $275,000+ Low (up to $113,280)261 $433,000+ Moderate (up to $169,920)278 $840,000+ Above Moderate 719 Market Value Total 1,712 *3 bedroom unit / 4 person household 33 Structure of the Housing Element 1.Review of Previous Element 2.Housing Needs 3.Government and Non-Governmental Constraints 4.Site Inventory and Analysis 5.Goals, Programs and Policies 34 What is a Building Site Inventory The housing element of the general plan must include an inventory of land suitable and available for residential development to meet the locality’s regional housing need by income level.(CA Gov. Code Sec. 65583.2) 35 Estimated New Units Units from Residential Vacant Sites (~60) Units in Pipeline (~90) Accessory Dwelling Units (ADU) (~400*) Saratoga Draft Housing Units Allocation (1/21/21) Income Category RHNA Allocation Est.Units (Vacant sites, Units in Pipelines, ADUs) Units Shortfall Very Low 454 400*54 Low 261 9 252 Moderate 278 0 278 Above Moderate 719 141 578 Total 1712 550 1,162 *ADUs: Rough projection pending further guidance from HCD 36 Buffer & Housing Types 1,162 x 20%buffer =1,400 estimated total RHNA Saratoga Draft Housing Units Allocation (1/21/21) Income Category Estimated Shortfall w/ 10% Buffer Housing Types Very Low 54 60 ADUs, Multi- Family Low 252 277 Multi-Family Moderate 278 306 Multi-Family Above Moderate 579 637 Single-Family, Multi-Family Total 1,162 1,280 Zoning Appropriate to Accommodate Low-and Very Low-Income RHNA Government Code section 65583.2(c)(3). For a suburban jurisdiction: sites allowing at least 20 units per acre. 37 Housing Types Needed 643+new Multi-Family Units •Approximate number of units to meet the Moderate, Low, and Very Low Income targets 637+new Single-Family Units •Approximate number of units to meet the Above Moderate Income target 38 Residential Density R-M-5,000 R-M-3,000 R-1-40,000 R-1-20,000 39 Density Examples •24 units (2-stories) •1.75 acres •14 dwelling units per acre 40 Density Examples •80 units (3-stories mixed use) •2 acres •40 dwelling units per acre 41 Building Height vs. Coverage 42 Why Not? 43 44 •Commercial / Office -85+acres •Places of Worship –55+acres •Country Club –45+acres 3% of the City Non-Residential Parcels Under Private Ownership Locations for New Multi-Family Units? 45 •Which Zoning Districts? •What locations in the City? Locations for New Single-Family Units? 46 Community Priorities •Building Height (stories) •Single-Family Neighborhoods •Commercial Services •Wildland Urban Interface 47 Timeline Time Activity Jan/Feb 2021 ABAG submits Draft Methodology to HCD for review. Spring 2021 ABAG receives HCD feedback and develops final methodology.Release draft allocation. Summer 2021 RHNA appeal period Winter 2021 ABAG assigns final RHNA allocation Fall 2022 Council reviews draft Housing Element, GP Update, EIR.Submit draft Housing Element to HCD for comments Winter 2022 Council adopts Housing Element, GP Update and certifies EIR after HCD tentative approval January 2023 Housing Elements due 48 49 Next Steps 50 Housing Element Engagement •Spring 2021: City Council review of engagement strategy •Engagement strategy goals : •Understand community values to help shape the Housing Element •Capture attention through gripping language and visuals •Educate community on RHNA and Housing Element •Challenges: •Competing priorities for attention •Complicated topic 51 Engagement Strategy Preview •Multipronged approach, involving the various communications tools •Direct mail (citywide postcards), median banners, social media and online communications •Compelling language and visuals •Repeated and regular communications •Options for different engagement preferences •Small group discussions, surveys, comment forms, community meetings •Community events/activities (such as farmers markets) as allowed under COVID -19 restrictions •Regular check-ins with the City Council and Planning Commission 52 53