HomeMy WebLinkAboutRESO 5956' • ORIGINAL
RESOLUTION NO. 5956
RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO
APPROVING AMENDMENTS TO THE HOUSING ELEMENT OF THE
1980-1995 COMPREHENSIVE PLAN
WHEREAS, on February 2, 1981, the City Council approved tt.e
Housing Element as part of the 1980-1995 Palo Alto Comprehensive
Plan; and
WHEREAS, State law (Government Code Articles 5 and 10.6)
requires localities to adopt Rousing Elements which conform to State
Guidelines; and
WHEREAS, on February 13, 1981, the Housing Element was sub-
mitted to the State Department of Housing and Community Development
(•nco•) for official review and coJ11J1en~1 and
WHEREAS, the City received the official review from the BCD on
June 30, 1981; and
WHEREAS, the Planning staff prepared amendments to the Housing
Element to respo1ld to BCD's comments and submitted the ~econnended
allle'ndments to the Planning Commission on August 21, 19811 and
WHEREAS, on August 26, 1981, the Planning Commission unani-
mously recommended that these amendments be approved by Council;
NOW, THEREFORE, the Council of the City of Palo Alto does
RESOLVE as follows:
SECTION 1. The Council hereby approves the Planning Co:nlllis-
sion's recommended amendments to the Housing Element of the
1980-1995 Palo Alto Comprehensive Plan (Exhibits 1, 2, and 3
attached hereto).
SECTION 2. The Council finds that none of the provisions of
this resolution will have a significant adverse environmental
iapact.
INTRODUCED AND PASSED: September 14, 1981
AYES: Bechtel, Fazzino, Fletcher, Henderson, Klein, Levy, Renzel,
Witherspoon
NOES: None
ABSTENTIONS: None
ABSENT: Eyerly
APPROVED:
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DHIBIT 1
ROUSUI'# ELEMENT AMENDMENTS
INFORMATION SUPPLEMENT
DSIDENTIAL DEVELOPMENT POTENTIAL
FOR. VACANT PAilCELS
{Addition to '"Looking to 1990~, page 6)
ID Auguat, 1980, only 109 acres of vacant residentially zoned land wre left in
Palo Alto. About 50 of these are zoned RM-4. This zone allows 20 to 35
dwelling units per acre. Stanford University owns 46 of these 50 acres and is
planning to build a variety of umltiple-family units serving a range.of
household incomes. Six other acres are zoned RM-5, which allows 35 to 45 units
per ecre. · The remaining 53 acres are zoned for lower density housing~
including 44 acres zoned R-E and R-1, 2 acres zoned R-2, 2 acres zoned RM-1, 4
acres zoned RM-2, and I acre zoned RM-3.
t.nd zoned for non-residential use will provide some opportunity for m:>re
housing. Surplus school sites and other properties zoned for public facilities
.have been analyzed for their housing potential. The plan for the 20-acre
Termau School site calla for 80 to 92 units for f aallies and se'f\iora to be
built on four acres.
Vacant commerci.ally zoned land also offers the opportunity for more housing.
This property allo~o construction of multiple-family housing at the same
density as the City's highest-density residential zone. The City bas also
aanded its Zoning Ordinance to encourage mixed commercial and residential
propert.y on co111111ercially zoned land. Sev~n acres of vacant land are zoned
Comaunity Commercial. A mixed-use development of over four acres of this land
at Park Boulevard and California Avenue recently approved by the Council and at
the permit process stage in the fall of 1981 would provide 173 condominium
u.uita. Seventeen of the• will be sold under the Below Market "Rate (BMR.)
prograa, which generally serves those who earn less than 120 per cent of the
County median income. A second 0.9 .acre site, the Birch-Grant parcel, contains
O.S acres soned Co1111Unity Co11111ercial and 0.4 acres zoned RM-5. This site is
being considered for 30 to 40 units of low-and-moderate-income housing. The
remaining acres are scattered thror..,g:r>~·t the Downtown area~ generally in
parcels less than 5, 000 square feet.
Sixty-nine acrea of vacant industrially zoned land re.uin.. This land is leaa
likely to be used for housing than commercial land. Prograa 8 of the Housing
llement gives more incentive to use some of this land for housing. The "rogra•
will be iaple•nted in the zoning ordinance by changes such as increasing the
_ llaltiwu• density permitted for residential uses in industrial di•tricts and
elinraating useable open apace requirenenu for aixed use develop•nt.a •
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Wearly 4,600 acre• of land. in Palo Alto are zoned for Open Space •••
Controlled Developaeac. Thi• land is generally remote, highly enviroll81!ntally
•ea•itive, and lacks public ser9ice. As of August, 1981, the City wa•
coneidens.ig development of a .axiaua of 51 unit• of clutter h~aing on a ... 11
portion _of the Sl5 acre Arastra pr_operty.
ledeveloping some ar~•s and increasing the denaity in others vill give more
opportunities to increa•e the bou1ing supply. Progr .. l, which calla for a
Cottage Duplex ione, is llll!ant to make it easier to build lS>r~ housing on
•uitable land. Program 9 encourages the development of residential unite on
air apace over public or private parking lots. The Lot Q air rights project
in the plaunin~ stages in 1981 proposes 31 to ~S housing units.
Taken ., a whole, development on this remaining land will provide a range of
housing type, size, and price. Affordable hou~ing for lov-and-modt!rate income
persona i• now being consider"!d on the Terman and Birch-Grant sites. Other
surplus pi-opertiea and all residentially zoned sites are considered potentially
auitable for non-market-rate housing. Any housing project of 10 o~ more units
anywhere in the City will b.a rt!quired to provide low-income or 'llDderate-income
unit• under Program 17. Assisted housing must conform to state and federal
•ite aud design standards as contained in the City's Rousing Assistance Plan.
There are enough aites avail&ble to use all the state and federal subsidies
likely to be available to Palo Alto ontil 1984. Palo Alto will try to use all
available federally subsidized Section 8 New Construction units; potential
aites include the Terman and Birch-Crant projects. The City bas also approved
atandarda to be used in locating manufactured housing. An ordinance h~s been
pa1sed tllbicb allows manufactured housing on permanent foundations to be located
in residential aonea.
bhibit 1, Page 2
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DBUIT 2
BOUSIIC !LEM!lft' AMEMlmMrS
ROUSillG RUD, OBJEC?IVIS MD PR.OGIWI mAL3
Thi• hou•ins aeed• •••e•a.nent include• an affordability eati .. te,
rebabilitatioa esci .. te, and new conatruction projected need ,eati.Bate.
Affordabilit_y
Among the households in Palo Alto earning low and very low incomes, there are
there are 3,350 households spending '8Jre than a 4uarter of their incomes for
ho.aaing. Of the 3,350 households, 703 households are elderly, 2,512 are house-
hold with 4 or less persons, and l3S are households with 5 or .,re persons
(Tabulated from 1975 Special Census aod 1979-82 Housing Assistance Plan).
lebabilitation
525 housing units in Palo Alto are ia substandard condition but suitable for
rehabilitation. Theee include 132 unit• occupied by ovnen and 393 occupied by
reatera. (Source: 1979-82 Housing Assistance Plan.)
Rew Construct~
Bmplo,.ent forecast• for 1980 to 1985 show that Palo Alto needs 2767 more
housing Ul\ita if each new worker is to have an opportunity to live in Palo
Alto. (1980-95 Comprehensive Plan, Employment Element.) Palo Alto can expect
1200 new units by 1985, a•euaing curre~t development patterus continue, leaving
a dttficiency of 1567 units. A variety of housing pr.ograms attempts to reduce
this deficiency. Program 8, for eZ811ple, encourag~s incentives for industrial,
retail, and office developcents to provide SOiie housing on non-residentially
aoned sites. Progr .. 9 encourages the development of residential units on air
apace over parking lots. The City5a land bank program is continued through
Progr .. 14. Thia progr .. provides for City's purchase or reaale of sites to
developers who provide low and ..,derate cost housing.
Pive Per Cent of Need Standard
The Aaaociation of Bay Area Governments has established a standard for member
agencies of addressing fi'fle per cent of the unmet affordability and
rehabilitation need annually. This -•n• that each year 168 lower-income
houeeboldb (32 Elderly, 126 Small Family, 7 Large Family) who are overpaying
for housing ar~ to be assisted and that 2S sub•taadard units are to be
rehabilitated (6 owner occupied and 19 rental). The City is committed to
.. eting it• housing need•, and ia r~r•uing these goals through uee of all
&Yailable Pederal1 State and local aubeidie• anil through the uae of local
f!O'Nlr• •
Tbeee objective• ~ progr ... address the first three year• of the i~entified
houaing need.
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1982: t.•ianatioa of .W.itioHl Anu
witb~n a-1 ion.. to •llow Cott•&• Uaite.
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JO OS' llortl hit•.
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EXHIBIT 3
Program 17 Aaendaent
Insert Paragraph 8 to Define Eligibility
Eligible buyers are those who can afford a BMR unit at currently available
financing rates. C'..enerally, the goal of the program is to serve families with
incomes 80-120 per cent of the County median income levels as published
periodically by the Federal Department of Housing & Urban Development. Under
certain circumstances, when interest rates are high and financing tight, the
buyer's income required by the mortgage lender for purchase of a unit my
slightly exceed the 120 per cent income level. Buyers of BMR resale unite may,
if necessary, also include those with higher than the 120 per cent level as a
result of the inflation adjustment factor pushing up BMR resale prices faster
than the County median income rises.
ENVIRONMENTAL. OOCUM(N·--CITY OF PALO AL 10 r I A ...
ENVIRONMENTAL ASSESS~E~J
... Projrct Descri~tion/THle Amen~~en~~--~o.Ho~dng_~~~ent -.19~P. ~ompre~ensive Plan c ..,
u -
.,. ... ....
( '
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Q,/ ... cu
---··-------------·-------------·· -----
Location/Address ___ c_1_t_y_-_wi_d_e ___________________ _
Sponsoring Agency/Applicant __ ~C_i_t~y __ of~P_a_l_o~Al_t_o~----~
Address and Telephone of .".;:!'1 icant_-250 Han:ilton Avenue
Application for COlll"~IP~cnsive Plan Change
(e.g. 0 zoning change, subdivision of property, arch1tecturaT·n.·,;1ew-:-·u-;.,e· pf.•rn111 ·1
Zoning at Project Location...,_ __ n_l_a ___ _ F R · n/a · ee ece 1 pt No . -~ ______ .. . . . _ .
The project is anOemergency project,Oministe,.ial project. under CFt)A quidt>-
lines and procedures adopted by the City of Palo Alto. and therefore is Pxempt
from environmental assessment.
The project qualif;es for a Categor;ca1 Exemption (Class_~) under C[QA
guidelines and procedures adopted by the City of Palo Alto~ and no further
environmental assessiaent is necessary.
City Offida1 ______________ Oepartmef'ft ___ ~--O"tP ___ ..
NOTICE OF DETERMINATION
R<l~ed upon the infonnation en the environmental workshPPts ~ the umiPr" i •w··d
mt-rilr.r of the Planning Department has made an initial ~tud.Y of th" prn_i;·1 t .woi
hol\c concluded:
[ii N~!.J.d_t_iy~-~c_!_a_r_a_t:..i_'-?.i:t.: The project ha.s no si9nificant Pnvirorn11i>ul.li 11111•.11 t.
No Environmental Impact Report is required. The reasons for a ~k9.1t 1vt'
Dec 1 ara ti on a re: -~-~posed amendments ....tQ....thc HcwB1n& ...£1.eJUqt; _ 6"t.e .
S .infgt:na.t;l.onal onl7. NA impact mi the physical eny1rnnment will occur __ ..
u
------···~ ...... -·---~
E:) The project may have a significant environmental impact. An Enviromrienta1
Impact Report wi 11 be prepared.
Plann;n9 Departlllent~~l £_~ --·-·
P1annin9 Director#"' ;~ Date~J!;../!f/.._.
0 The project has been approved Date -----·. -· .
0 The project has been denied Date
Revised 8-1-79 File No. 81-EtA-60 -------·
Cttp of J'alo )ltt.,
P 0. IOX l02SO
PALO AUO, CAUfOlNI~ 1'd(IJ
August 2l. 1981 4
TO: Palo Alto Planning Commission
FROM: Glenn Miller
SUBJECT: Houai~ Element Amendments to Conform w1th State i<eview
Members of the Commission:
Background
State law (Chapter 1143 of Government Code) requires localities to adopt
housing elements which conform to State Guidelines. On February 2, 1981, the
City Council approved the housing element as part of the 1980-1995 Palo Alto
Comprehensive Plan. On February 13 the housing ele111ent was submitted to the
State Department of Rousing and Comaunity Development (HCD) for official review
and comment. The Department's official review was sent to the City on June 30,
1981. The City must make several amendments to the housing element prior to
October 1, 1981, to appropriately respond to the State's review. Attached are
the Staff cecot111ended amendments.
State Review
The State review commended the City for its efforts on providing low and
moderate income housing. The review asked the City to make two primary
additions to the housing element in order to secure their approval. These
additions have been written as information supplements tc the existing housing
alement. First, the City needed to identify adequate sites within the City
w~irll could accomodate a range of housing (type, size, and price) responsive to
a variety of economic segments. The attached section ''Residential Development
Potential for Vacant Parcels" responds to this request. The second necessary
addition was a section providing more data regarding housing need
identification and documentation, including more information on how the City
will neet these needs. The State suggested a table to illustrate this. The
attached section ''Housing Need, Objectives, and Program Goals", includes this
information with the requested table.
Time Table for Amendments
In order to 11l'!et the Octobe~ 1, 1981 deadline, City Council is scheduled to
review the amendments at their September 14, 1981, meeting. The Planning
Comniasion ahould, therefore, complete 1ta rev1ew at their August 26 meeting.
Program 17 Addition
Included in the Staff ~ecoa11ended amendments (attached) is a new paragraph to
the Progr-17 description (page 16, Comprehensive Plan). This amendamt
cl•rifiea buyer eligibility for the Below Market Rate program.
............... --------------~-
·~;.1( ~ _c_A~·~NIA_ ...=.·.--.. _ -----------.-=-==•=-:=-=·=o==::=-======f:=DM=UNO=:;.;;G=~=·:'~-J-1\. _c,,,,.,, .. .,
uei~..'.RTMENT Of HOUSING AND COMMUNITY DEVELOPMENT
DIV ISI01'! GF R£$f:AP.Oi AND POLICY DEVELOPMENT
921 lCtil S. trc~t e .. ,
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Sacrainent?. CA 95814
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·-t---i-
I •-. June 30~ 1981
Mr. William Zaner
City Manager
City of ?alo A1to
Palo Alto. CA 94301
Dear Mr. Zaner:
., •t .. ,_ .• ~ ! ?81
JUL 6 'i981 lJl)
OfRCE CF. THE crrv MANAGER
RE: Review of the City of Palo Alto's Adopt~d Housing Element
The Oepart:nent of Housing and Cor.rnunity Development nas reviewed the City of
Palo Aito•s Housing Element aoopteo February 2. lgal. unde-r Se~tion =,~·~5;;
of tne State Hea1th and Safety Code, our Oepartrneot is authorized tG revie""
local housing elements Hf or conformity with requirements of Sect ion 65302{ c)
of the Government Code and Guidelines adopted oursudnt thereto." Th~
puroose of our review is to advise the City of any additional steps ~~i~n
might need to be taken to oroduce a housing ele!llent which is in confor~ity
with the 1977 Guidelines.
As set forth in tne Housing Element G~idelinest the two most imoortant
coq>onents of a housfng element are:
1) the identification and documentation of housinq needs; and
2) the develo?1Qant of a housing orogram to address these identified
needs.
In order to confor"m to Section 65302(c) of the :iovernmant Code, the hoi1sino.
element is to contain •standards and p1ans for the i!ll)rove~nt of nousinn
and for the provision of adeqyate sites for hous1ng" and is to make
~adequate provision for hous;ng needs of all economic segments of the
coom.an it y. •
The Guidelines define adequate proviston t? be a "9ood faith9 diligent
effort" to ~w;oan<1 housing oooort1Jnit~l'.'s. They t•Jrther provide tnat such
effort is to e'il{)hasize use of a wide ran-1e of locdl oublic oower-; which 1~ar.t u!)On nousing includi'lg a .:omr.it1nent to purs1Je. and coo!)erate in
' . I
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~. Willia<n Zaner
June 30, 1981 Page t~o
available Federal and State programs. Based on our review, we find thP P~lo
Alto Housing Element requires some changes to COlll>ly with State Housinq
Element Law and the 1977 Housing Element Guidelines. When these cnanaes ar@
made, we will be pleased to make the finding the the City's housing ele~ent
conforms to state housinq element law and the 1977 Housing Element
Guidelines.
I. HOUSING NEEDS IOENTlFICATION ANO IX>CUMENTAT!ON
The City's rehabilitation needs and market and government constraints have
been adequat~ly defined. However, data regarding affordability and new
construction orojections (which may be available from the City's HAP and
other City documents) should be included in the housing element.
1. Affordabilitl
Palo Alto 1s housing element refers to the HAP as containing e~timates
of housing need. The number of lower income households paying .r.ore
than 25S of t~eir income for housing mvst be included dS part of the
housing element to identify affordability needs.
2. New Construction
Although the housing element includes an estimate of residential
buildout in 1990, the Guidelines call for a projection of new
construction need for market rate housing over a five year oeriod.
This information MJst be included.
II. HOUSING PROGRA:..S -While an accurate assessment of housing need is essential, the heart of the
housing element lies in those provisions relating to the development and
implementation of a housing program. To achieve this, Section 6450 of the
Guidelines calls for a orogram containing five explicit con111itments as
follows:
1) the specific obJectives to be acco~l1Shed (quantified.when
possible);
2) the actions which will be undertaken to 1~lement the program (for
example, city council resolution, land acquisition, density bonus,
etc.)
3) the sources of financing or funding (e.g., Federal or State
progre111s, lo~al revenue bonds, private subsidy, etc.);
4) the local agenc;es with primary resp~nsibility for i!f1)1ementing programs;
5) the establishment of reasonable timeframes for acc~lishment of
specific objectives, which include benchmarks to indicate proqress.,
Mr. William Zaner
June JO, 1981
Page three
The housing program ~:1ould describe wnat the toca11ty 1s do1nq. a.nd wi 11 rto
over the time framP. of the housing element. Palo Alto's housing orooram
indicates a~tions to be taken, fund1nq sources and respansible aqencies.
However,, the :Jrogram description should be exp4nded to 1nclude the
objectives to be accomplished and t1me framet for accomolishment of tnP.
objectives. This 1nfo~~t1on can be ore1ented 1n matr1x form to
demonstrate how the pro;. ~~swill meet tne identified aff~rdab11ity and
rehabilitation needs over .the t1ma frame of the 1le111nt.
In evaluating whether quant1f1e~ objectives represent a Mgood faith,
diligent effort," we use, as a rule of thumb, the federal standard and the
standard adopte1 by ABAG member agencies or address1ng on an annual basis 5%
of the unmet fair share need for lower 1ncoine households needinq assistance
and apply it to the categor1es of reh1b111tat1on and affordability. The
housing element should include quant1f 1ed objectives which address both
identified affordabi lit.Y and rehab111t1on needs conmensurate with the AHOP
level of effort. We note that during the Coima.inity Development Block Grant
program year 1980-81~ Palo Alto used approximately 731 of its allocation for
housing related activities. We want to commend the City for this 1eve1 of
effort and hope it will continue 1n the future.
1. Adequate Sites
Section 6456 uf th~ ouldelinas requit6es that each loca11ty mu~t include in
its housing eleinent, standards and plans for pr9v1s1o~ of adequate sites for
site-built and factory-built nousing and !IObflehomes. Sites are aleouate
only to the extent they provide suitable locations which ean collectively
acconwnodate a range of housing (t,YPe, size and price) responsive to the
needs of all economic segments of the conllllnity. More specifically, this
analysis should include standards to be used 1n evaluat1ng t~e suitability
of individual sites for.non-market housing. In addition, this analvsis
should clealy indicate the collective capacity of sites to accon'iJIOdate an
appropriate range of housing and shall include assurance~ that both local
and land use controls and the local tnfrastructuro of services and
facilities are CO"'flatible with the provision of a range of housing
opportunity and choice suitable to the needs of 111 economic segments of the
COlll1llnity.
To meet the adequate sites requirement for assisted hous1nq, the housinQ
element should reference the Corrnun1ty Develoornent Block Grant (COBG)
application and housing assistance olan description (as updated) of
standards and plans to be used in the evaluation of individual sites.
The element includes an ident1ficatfon of axfstfnlj residential capacft.v and
programs to increase capacity. However, th~ analysis should be expanded to
assure tnat adequate sites are available that ~an callect1vely accomodate a
range of housing and the five year new const~uct1on need.
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"fr. Wt111am Zaner
June 30, 1981
Page four
Tne Pal~ Alto Hous1n9 Element adequate sites analysis should include:
l. The exoectld d1velop1ble densities for vacant oarcels to indicate
whether the land ts zoned to acconrnodate a ranqe of housing (type,
~1ze and pr1ce) responsible to all economic segments of the
comatn1ty.
2. An assessment of t.ne potential for develoi:Jinq housing on land
currently planned or zoned for ~on-residential uset underutilized
residential land, and publicly~owned surplus land.
3. Spec1f1c actions and progr5n5 to increase caoacity (e.g., rezoninQ,
ut111zation of surplus land, etc.) The information described in
it11111 1·3 1r1 especially 1~ortant in localit,es like Palo Alto
where there is h1gh demand and deYe1ooab1e land is in short supply.
4. Description of the standards to be used 1n evaluaing the suitability
of tnd1vtdual s1tts for non-market rate housing. (For assisted
housing th•se standards should normally be consistent with federal
111d state standards and houstng program criteria.)
5. A description of the standards to be used 1n evaluating sites for
eanuf actured housing.
6. An assessment of whether there art a suff1c1ent number of sites ~hat
'llltt federal and state cr1ter1a for assisted housing in sufficient
quantity to ut111ze fully, government subsidies wnich are likely to
be 1vatllb1e during the time fra-ne of the housing e1e:nent.
2. Pr91r111 Suinary
Jnformat1on in the hous1nq element aofnts out that with the ex1st1nq .io!'!s
and housing t'llbalance there are far 1110re new jobs than hous1ng. ~anv oeoole who work tn Palo Alto cannot afford to buy a horne •. Strategies designP.d tn
provide adtquat1 sites and alleviate the jobs-housing imbala~ce in Palo Alto
involve estab11sh1n9 procedures for the development of res1denttal units in
air space over asstssmtnt d1str1ct parking lots and tne rezoni~g of
conmerc11l and industrial sites for residential use. The C1ty 1s currently
looking at four different res1dent1a1 plans over one oub11c parking site.
Thess types of innovative methods to provide 1dd1t1ona1 housing are
1""'ort.nt for cOllllUn1t1es, 11kt Palo Alto wntch are near residential
bu11dout. The C1ty ts also using a colllb1nat1on of in-lieu fees from the
below market rate pr09r111, Block Gr~nt funds, and ot"er sources to operate a
1andbank1ng progr .. to acquire sites to devel~a low and moderate inco~e hous1nq.
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Mr. William Zaner
June 30, 1981
Page five
The City of Palo Alto uses a diversity of housinq progr&~ to meet the needs
of a11 economic segments of the cOJ1111Jnity as called for in Section 6460 of
the Guidelines. For exa.'Tljlle, the City has creat:~d a fund for tile Palo Alto
Housing Corporation, (PAHC) an independent non-profit housing corporation
which is responsibla for construct~ng subsidized housing in the City.
This corporation also recently begun a rental hous1nq acquisition proQram.
A below market rate (BMR) program. also operated by PAHC, was established in
1974 to provide housinq for moderate income households with incomes between
80 and 120S of the County median. Both these programs are excellent
exan_,les of how focal i ties cai us,? local public powers to make adequate
provision for all economic segments. (Guidelines. Section 6460}.
A condominium conversion ordinance~ 1n effect since 1974, prohibits the
conversion of rental unit to condominiums until the rental vacancy rate
exceeds 3% or where 2/3 of the tenants indicate their consent and
displacement is ~inimized. Few conversions have occured. To preserve
affordability (Guidelines, Section 6456), the City is using the conversion
process as a mc~~s of obtaining additional units for the Below Mar~et Rate
Program.
Iri ad«:titinn to the prt!v1ous1y described proqrams, Palo Alto has tne
following other housing activities in the planning stage:
-A family-handicapped project containing 40 subsidized units will be
developed by the Palo Alto Housing Corporation on the Birch/Grant
site. This project may require an Article 34 refer idum.
-Approximately 46 acres of Stanford University's land will be
developed for ho·us1ng, some of which w11i be assisted. The c;ty has
been wrking wUh )tanford University and tha Palo Alto Housing
Corporation on this project which will provide up to 1,600 additonal
housing units to address emplo.vee housing needs and the special
housing needs of students.
• The City will u:e its landbanking funds to acquire the surplus
Terman school site to develop assisted housing.
Ill. Sunrnary
In sunnary, we conmend the City for tts efforts to provide low and moderate
income housing throu~h the use of federal and state funds and a wide ranoe
of local powers. If this additional information is provided and the suggested revisions made, we would be oleased to make tha f 1nd1ng th~t the
housing ele1nent is adequate when assessed by the standards 'lf Govern.,...nt
Code Section 65JO(c) and the 1977 Housing Element Gu1de11nes.
;
flfr. Willi n Zaner
June 30, 1981
Page six
We want to advise local1t1es which intend to co(ll)ly with the prov;s1ons 1n
Article 10.6 of Chapter 4 of the GovP.mment Code (AB 2S53) by adoptinq a
housing element that confonns to the 1977 Housing Element Guidelines that
the required revisions noted in this review and subsequent adootion of the
document should be acc~11plished by October 1, 1981. Tne new statute
reqt1ires that after this date, housing elements are to be prepared in
accordance with the standards in the statute as opposed to the bl1idelines.
Thus9 jurisdictions which have not adopted elements in accordance with thP.
Guidelines prior to October 1 may have to ~-nend tneir elements in order to
conform to the new statute.
for your information, we are enclosing an Apoendix on recent legislation.
If you have any further questions please call Sheila Brutoco of our staff at
(415) 348-8140 or Steve Peterson at (916) 323-6170.
Sincerely, , ........ -;:;ttua /4..e«(!/;'(dl t....
David Wi 11 iams.on
Supervisor, Review Section
cc: K~nnetn Schreiber, Oirector of Planning
A. F. Tranter, Executive Director
ABAG
Frank M. Garcia, Exe~utive Director*
Santa Clara County Comnunity Leqal Service
*CLS has a stand1n~ request on file with HCO to receive a copy of all
office c~rrespondence relating to housing ele.nent reviews for
jurisdictions in Santa Clara County. We are forwarding a copy of this
letter to them in accordance with the Public Infonnation Act.
Appendix
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• t
APPEN1HX
RECENT LEGISLAiION
we .auta l1ke to take this opportunity to inform you of several new laws
related to housing elements. Government Code Sections 65302(c) and 65580 et
seq. (AtJ 2853) establisn some new requirements for the housing eleillent of
t~e general plan. The new law established, in part, that housing elements
" adopted prior to October li. 1981 and in conformity with the Guidelines, are
deemed to be in compliance w;th the new law. Under the new law, localities
naJst update their elements at least every five years, except that the first
revision lllJSt be co~leted by July l, 1984. A letter wnich explains the
provisions of the new law has been sent under separate cover from our
Department to all cit;es a"d counties.
Another law which took effect January l, 1931 (AB 2320) requires tnat
localities zone sufficient vacant 1and for residential use in relation to
zoning for nonresidential use at standards and densities appropriate to meet
housing needs identified in the general plan (Chapter 4.2 of the Government
Code). rn effect, this means that a locality l'lk.ISt zone to allow for the
development of housing affordable to all econOJuic segments of the COIT!ll~nity
consistent with its needs as identified in the housing element. Although
not a specific requirement of housing element law, this requirement is a
strong reiteration of the housing element requirements that the locality
identify adequate sites which will bP made available through appropriate
zoning and development standards for a variety of types ot housing for all
income levels in order to meet the comnaJnity•s housinq qoals. Under Chapter
4.2, the locality's authority to regulate'subdivi~ions is also limited
Insofar as the locality 111Jst refrain from imposing criteria for t~e purpose
cf rendering infeasible the develooment of housing for ali economic seqrnents
of the cOR111Unity. This provision parallels and underscores housing ~lement
requirements that the administration of land use and development controls oe
directed towards achieving housing goals. ·
Government Code section 65852.3 and Health and Safety Code Section 18300 (SI$
1960 which becomes operative on July 19 1981)9 provide for the plac~-nent of
mobilehomes in single-family resident;a1 zones. The law declares that a
city (ir.cludiag a charter city) or county shall not prohibit the
installation of mobilehomes on a permanent foundation on lots zoned for
single family dwell~gs. However~ a locality may CO!i1J1Y with this
requirement designating certain lots zoned for single family dwellings for
inobilehome use, which lots are determined to be c0111>atiole for mobilenome
use. r4obilehomes will be subject to no mora restrictive developr11ent
standards than apply to conventional s1ngle-fam;ly dwellings; however,
these standards cannot have the effect of totally precluding mobilehomes.
(Govermnent Code Section 65823.J)
Housin~ Element Law requires that in ~rder·to meet identified housing needs,
the housing element inust identify adequate sites which w111 be made
available through appropriate zoning and development standards for tne
development of housing for all income levels, including factory-built
nous1ng and mobilehomes, Thust to the extent that there is a need for low
and moderate income housing whicn is not being ~t tnrough other housing
programs and Which could be met throuqh the provision of 'llObilehome~, th~
locality fllJSt zone an amount of single family residential land for
mobileh1nes comnensurate witn such need.
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