REPORT TO PLANNING COMMISSION
SUBJECT
Title
Public Hearing: Recommendation on an Amendment to the Zoning Code Implementing AB 1397 (2017) Relating to Affordable Housing Developments and Allowing "Use By Right" for Selected Projects Pursuant to the City's Adopted Housing Element
Report
BACKGROUND
At the January 9, 2024 City Council meeting, the Council adopted the comprehensive Zoning Code Update. On May 7, 2024, the City Council adopted the 6th Cycle (2023-2031) Housing Element, which describes how the City will provide sites and implement programs to meet the City's Regional Housing Needs Allocation (RHNA) of 11,632 units over the next eight years. As a part of the Housing Element adoption process, over the past 18 months City staff have engaged in repeated, detailed discussions with the State Department of Housing and Community Development (HCD) regarding the policies and programs of the City's Housing Element. On May 31, 2024, HCD certified the City's Housing Element. One of HCD's requests was that the Housing Element include an Action item to revise the Zoning Code to implement a state law, Assembly Bill (AB) 1397 (2017).
DISCUSSION
As part of the certification process, HCD asked the City to include Action 9 in the final Housing Element. That Action requires the City to implement AB 1397 (2017), which applies to housing sites listed in the inventories of previous Housing Elements, such as sites along El Camino Real.
AB 1397 affects two kinds of sites: 1) nonvacant sites included in the inventory of the 5th Cycle (2015-2023) Housing Element, and 2) vacant sites included in both the 4th Cycle (2007-2014) and 5th Cycle (2015-2023) Housing Elements. For these sites, AB 1397 requires the City to allow "Use By Right" approval for housing developments for which 20 percent or more of the units are affordable to lower income households. To implement this requirement, language regarding sites used in previous Housing Elements is proposed to be added to the re...
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