Affordable Housing
The State of California requires each city and county to adopt a Housing Element as part of their General Plan, which must be reviewed and certified by the State Department of Housing and Community Development (HUD). The State mandates that Housing Elements must be updated every five years.
The City of Novato's Housing Element only applies to incorporated Novato. The County does not have any jurisdiction over the City's Housing Element. The County is required to complete its own housing element which includes the unincorporated lands in Marin.
It is important to remember:
- Affordable housing sites listed in Housing Elements are "potential" sites. Site identification demonstrates that the jurisdiction has zoning regulations that can accommodate affordable housing. Neither the existing owner, nor subsequent owners, will be forced to sell their property or build affordable housing on that site, nor are they restricted as to who they can sell to. Affordable housing becomes one eligible use for the property.
- "If a land owner is interested in building affordable housing on a site identified in the Housing Element, the land owner must proceed through the local jurisdiction's normal building and approval process that is used for all development projects. This includes submitting an application and required plans, acquiring necessary permits, receiving design review and planning approval, and holding public hearings
Legislative Priorities & Efforts
Many Novatans have been frustrated with the ability to meet state-mandated housing requirements based on HUD guidelines and restrictions that local jurisdictions must follow. Many residents, including myself, would like to see more flexibility for local jurisdictions to receive state housing element credits. Legislative changes are the best avenue to achieve this.
Each year the Board of Supervisors approves a Legislative Plan for the County. The plan serves as a guide for Marin County legislative initiatives and priorities for the coming year. I asked to include language in both the 2011 and 2012 Legislative Plans to support/explore amendments to relevant sections of the California Government Code or other administrative rules or regulations that would allow for a broader range of options and flexibility for local jurisdictions to receive state housing element credits including administrative rules or regulations that would allow a broader range of affordable housing options to be eligible to receive increased housing element credits and/or appropriately re-classify Marin County as a 'suburban' county for the purposes of State Housing Element density requirements. (Currently, Marin County is classified as metropolitan due to its proximity to San Francisco.)
AB 1103 Legislation
Assemblyman Huffman and I began working together in early 2011 to explore changes in housing element law. Our goal was to find opportunities for a broader range of options and flexibility for local jurisdictions to receive state housing element credits. After a collaborative effort between my office, local cities, affordable housing advocates and neighborhood groups - Assemblyman Huffman introduced AB 1103.
As introduced, AB 1103 included several provisions to allow local governments to meet local housing needs including:
Default Densities - An issue often raised by local governments is that density requirements for planning are based on characterization of a region as metropolitan, suburban, or nonmetropolitan. In many cases, it is not appropriate to apply the same designation throughout a region. AB 1103 would allow a local government to petition the regional governing body (Council of Governments) for a density designation that more appropriately reflects the area. This bill also clarifies that a local government does not have to apply the default density throughout the region, provided they can demonstrate an ability to meet their regional housing goals.
Conversion of units - One way local governments are able to make affordable housing available to low income residents is through the conversion of existing units into affordable housing units. Habitat for Humanity, for example, has been working in Marin to purchase foreclosed homes at a discount rate, renovate the homes, and place them on the market at affordable rates. Unfortunately, current law does not always allow this type of creative housing solution to count towards regional housing goals. AB 1103 will allow local governments to count converted housing, including foreclosed housing converted with long-term affordability covenants, towards their planning goals.
Sustainable Communities - Smart growth planning encourages the development of housing close to places of work or regional transportation hubs. This reduces traffic and air pollution associated with commuting and urban sprawl, and emphasizes walk-able, bike-friendly neighborhoods close to public transportation. AB 1103 encourages smart growth development by giving local governments extra credit for creating new housing that meets the sustainable community model.
AB 1103 was approved at its first Assembly Committee meeting, Housing and Community Development, with amendments. As Jared had cautioned, the ability for local governments to appeal for a designation change was removed from the bill. The incentives for SB375 were also removed. The ability to count more types of conversion units remains. The amended bill was approved by the full Assembly, the Senate and signed by the Governor (in 2011) without any additional amendments.
Click here to view the letter of support the Board of Supervisors sent to the Governor.
Huffman intends to pursue flexibility on density default designations. He did a masterful job of lobbying the Housing and Community Development committee to keep this element of the bill. I know that Huffman is committed to pursuing this issue. He has reached out to the Housing Element Working Group that has been convened by the HCD requesting they look into making adjustments in two areas: (1) mandating default densities to local jurisdictions and (2) the ability to count senior assisted living units in affordable housing requirements.
Click here to view Huffman's request letter.
While it may take more than one attempt to achieve all of our legislative goals, we should continue to work cooperatively with our state representatives on changes to allow flexibility in meeting our affordable housing needs.
Wyndover Apartments, Novato
There has been a lot of concern in Novato about Wyndover Apartments (Wyndover) on Diablo Avenue. Wyndover is not managed or owned by the County of Marin or the Marin Housing Authority (MHA); however, MHA does have Housing Choice Voucher holders (Section 8) living at Wyndover.
As a result of the increased awareness in late 2010 of crime and management issues at Wyndover, I requested MHA to use the tools we have available at the County to help create a safer and better living environment.
Some efforts and improvements I would like to share include:
- MHA discontinued paying the owner for new Housing Choice Voucher holders as of November, 2010.
- MHA terminated assistance for 4 tenants in 2009 and 1 in 2010 - thereby helping the owner/manager to evict. There are a few other terminations underway in 2011 as MHA staff checks booking logs daily to track crime on all programs and properties at MHA.
- MHA is coordinating more closely with local police regarding information sharing, daily crime screening, and coordination of crime responses.
- MHA leaders met with the owner/manager in December, 2010 to coordinate improvements such as parking permits, security patrol, gate lock installation, increased inspections, and implementation of a neighborhood watch program.
- MHA installed a more state-of-the-art FBI background check system and passed an FBI audit for such.
- MHA assisted the Novato Police and owners to create tangible results as outlined in a Novato Police report excerpt from February 2011.
Click here for details
The County of Marin and MHA are committed to continuing these efforts and will continue to use the resources we have available to help address community concerns.
Related Links:
For information about the County’s Housing Element, visit:
http://www.co.marin.ca.us/depts/CD/main/housing/HousingElement.cfm
For information about the City of Novato’s Housing Element, visit:
http://www.ci.novato.ca.us/Index.aspx?page=1410
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