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ADOPTION OF A RESOLUTION APPROVING AMENDMENTS TO THE CITY’S GENERAL PLAN TO ADOPT THE 2023-2031 HOUSING ELEMENT AND REVISE THE SAFETY ELEMENT TO COMPLY WITH STATE LAW
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RECOMMENDATION
It is recommended that City Council:
1. Find no further environmental review is required per California Environmental Quality Act (CEQA) Guidelines Section 15183 (Consistency with a Community Plan or General Plan); and
2. Adopt a Resolution amending the Stockton General Plan to approve the 2023-2031 Housing Element and update the Safety Element for consistency with State Law.
It is also recommended that the City Manager be authorized to submit the 2023-2031 Housing Element for state certification and take appropriate and necessary actions to carry out the purpose and intent of the resolution.
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Summary
The City is required by California law to update its Housing Element for the next 8-year period (2023-2031) and receive certification approval from the California Department of Housing and Community Development (HCD). HCD’s certification is to ensure the City’s Housing Element adequately addresses how Stockton will meet its share of the Regional Housing Needs Allocation (RHNA), which was determined to be 12,673 new housing units which is further divided into four income categories of Very Low, Low, Moderate and Above Moderate income levels. Stockton’s share represents approximately 24% of the total 52,719 San Joaquin Countywide new housing unit allocation.
The proposed draft City of Stockton 2023-2031 Housing Element (dated April 2024) identifies Goals, Policies and Implementation Actions for meeting and exceeding the forecasted housing needs with an identified capacity of providing for 22,999 new housing units. This draft Housing Element is reflective of a multitude of comments received from the Stockton community, interested stakeholders and HCD over the course of an approximate 18-month time period.
In addition to the Housing Element update, State regulation (Assembly Bill (AB) 747, approved in 2019) requires California cities and counties to update the Safety Element in their General Plan to provide enhanced safety measures for protection from unreasonable risks associated with geologic hazards, flooding, and wildland and urban fires. More specifically, this entails updates or the creation of evacuation routes and their capacity, safety, and viability under various emergency scenarios. This update must be completed in conjunction with the Housing Element Update and repeated every eight years. Further, state regulation (AB 1409, approved in 2021), mandates consideration of "evacuation locations". This update is included in the proposed General Plan Amendment.
On May 22, 2024, HCD notified the City that the draft Housing Element substantially complies with state housing law and directed the City to seek local (City Council) adoption to authorize filing for State certification. To comply with State law, the City Council must adopt the element and submit to HCD for certification. The State mandated deadline for certification was originally the end of 2023, however, HCD allowed for extension without penalty since the City was proactively seeking the State’s review and approval since early 2023. Following HCD’s certification, progress on implementation of the Housing Element will be monitored with annual progress reports presented to the Planning Commission and City Council.
On June 13, 2024, the Planning Commission considered and voted (5-0) recommending the City Council adopt the 2023-2031 Housing Element and update to the Safety Element. The City Council is asked to adopt the General Plan Amendment to approve 2023-2031 Housing Element and update to the Safety Element to comply with State of California (State) housing law, and authorize the City Manager to submit the adopted Housing Element to HCD for certification.
DISCUSSION
Background
California cities and counties update their Housing Element every eight years (i.e. cycles) to comply with State regulations, which are overseen by HCD. This is the only element of the General Plan that is subject to State review and certification and is often utilized as an eligibility requirement for State housing and economic development grant opportunities. The City last updated the 2015-2023 Housing Element in 2014 (5th Housing Cycle) and the deadline to adopt the 2023-2031 Housing Element (6th Cycle) was December 31, 2023. The City was informed by State representatives that since the City was actively pursuing the State’s approval since early 2023, the City is considered in good standing and will not be penalized.
PlaceWorks and City staff began outreach efforts on the Housing Element in fall of 2022. Since then, there have been numerous meetings on the housing issues facing Stockton, including property owner meetings to discuss opportunity sites for Land Inventory needed to comply with RHNA. The prominent feedback received from outreach meetings and public comment includes:
• Make zoning changes that remove barriers to developing housing,
• Provide adequate housing sites for all income groups, and
• Provide equal access to supportive services (disability, special housing needs, minority groups).
The following is a brief summary of the milestones completed and still remaining to obtain HCD certification:
• October 2022-April 2023: Housing Element outreach.
• April 12, 2023: Start of Public 30-Day Review
• June 6, 2023: Start of HCD 90-Day Review
• September 1, 2023: City Receives HCD Compliance Letter requesting revisions
• December 2023 & January 2024: Revised Housing Element posted to website
• February 6, 2024: Start of HCD 60-Day Review
• May 22, 2024: HCD indicates draft Housing Element complies with State law.
• June 13, 2024: Planning Commission approves recommendation to Council
• July 9, 2024: City Council Adoption Consideration
• July 2024: City Submittal to HCD for Certification
In addition to the Housing Element, State law requires General Plan Safety Elements to be updated after January 2022 to address new changes to State law. The update must identify evacuation routes in Stockton and assess their capacity, safety, and viability for emergencies. Since 2022, discussions occurred with City departments (Fire, Police, Public Works) culminating into public drafts circulated to the public and surrounding agencies involved with emergency planning. The result was to establish a map of existing evacuation routes and hazard zones, review infrastructure capacity, assess risks and vulnerabilities, and identify goals, policies, and implementation programs to reduce risk and vulnerability.
Present Situation
The following summarizes the content and main points for the proposed 2023-2031 Housing Element and revised Safety Element.
Housing Element
Changes made to the draft Housing Element since the Planning Commission’s April 27, 2023, study session and HCD’s generally compliant determination on April 5, 2024 include:
• Multiple Policy and Program amendments to address clarification on placed-based actions, additional actions for the Housing Action Plan (HAP) and development code, types of resources the City can provide, use of City-owned properties, options for maintaining land to accommodate housing capacity, and commitments to explore special housing topics (i.e., performance requirements, funding options) within the housing cycle.
• Clarification in the background report on farmworker demographics in the region, the City’s adopted Local Homeless Action Plan (LHAP), regional trends, updated demographics, and details on the City’s development process review times and local housing regulatory requirements.
• The Housing Inventory was updated based on feedback received from the State. This inventory is needed for the City to comply with its fair share of the State-required Regional Housing Needs Allocation (RHNA). The Inventory indicated that overall unit capacity for potential housing sites increased slightly, and there were some decreases in the City’s surplus capacity for low- and moderate-income groups based on State denial of some proposed sites. Additional information was provided on approved private projects and city-owned land based on feedback from the State.
• Responses to public comments received in August and December 2023 incorporated into the latest draft Housing Element.
Attachment A (Draft 2023-2031 Housing Element) includes a link to the redline edits made to address HCD and public comments received since December 2023. All working drafts and supportive materials can be viewed and downloaded at the City’s website at www.stocktonca.gov/ShapeStockton. A clean copy of the Housing Element is included as Exhibit 1 of the Proposed Resolution.
Safety Element
AB 747 and AB 1409 aim to ensure that local agencies adequately address the need for sufficient evacuation routes during a full-scale emergency. While Stockton does not have the same risks as other areas of the State or Nation (e.g., fire, tornados), it is not immune from major disasters. The three largest risks to the community are:
• Issue #1: Risk from Flooding (existing and due to climate change)
• Issue #2: Risk from Dam Inundation
• Issue #3: Severe heat (individual health risk and fire)
An analysis of evacuation scenarios was prepared to address the potential occurrence of major disasters and offers best-practice response and evacuation plans for residents, community members, and City staff (see Attachment B Safety Element Background Report). The objective is to create customized evacuation plans for three disaster scenarios. While flood, fire risks, and dam inundation remained the same, the vulnerability assessment identified climate-related risks and hazards such as drought, extreme heat, and severe weather. Based on the analysis findings, the following revisions to the General Plan's goals and policies are proposed. The actions will not alter existing emergency plans but are meant to guide future decisions when planning for land use and infrastructure.
• POLICY SAF-2.2: Enhance the effectiveness of evacuations in Stockton.
• Action SAF-2.2A: Require new development to provide adequate access for emergency vehicles and evacuation routes, including by designing roadway systems to provide multiple escape routes in the event of flooding or other emergencies.
• Action SAF-2.2B: Regularly review the City’s evacuation maps and update as necessary.
• Action SAF-2.2C: Regularly share the City’s evacuation maps with the public and property owners within flood zones.
• Action SAF-2.2D: Coordinate with transit and service providers to identify and advertise ways to evacuate in the event of a flood or other emergency for individuals with restricted mobility or those who may need additional assistance.
• Action SAF-2.2E: In partnership with the San Joaquin Council of Governments and other local agencies, retrofit potential evacuation routes to protect them against floodwaters and other emergencies, and ensure that they can provide viable paths out of Stockton.
• Action SAF-2.2F: Conduct door-to-door evacuation notifications in areas with limited access to reliable communication, particularly in frontline communities or those that may need the greatest advanced notification.
• Action SAF-2.2G: To the extent feasible in emergency conditions, phase evacuations to minimize roadway constraints and to allow all residents sufficient time to leave.
Attachment C (Draft Amended Safety Element) includes redlines to the existing Safety Element adopted in 2018, while a clean copy of the Safety Element is included as Exhibit 2 of the Proposed Resolution.
STAFF ANALYSIS
The City Council is asked to consider amendments to the General Plan for adoption of the 2023-2031 Housing Element and update to the Safety Element based on the following analysis.
State and Local Compliance
Housing Element
As indicated in the HCD Letter dated May 22, 2024, the State found the City’s Draft 2023-2031 Housing Element generally in compliance with State housing law requirements (Attachment D - HCD Letter). In addition, the Housing Element does not conflict with any other General Plan Element or regulatory document. To fully comply with State Law, the City Council must adopt the Housing Element and submit to the State for Certification. Once Certified, the City will monitor action programs annually as required by law. Changes to supportive documents (i.e., Development Code, Housing Action Plans) will be completed after adoption of the Housing Element.
Safety Element
While the Safety Element is not approved by the State like the Housing Element, the proposed revision to the Safety Element has been reviewed by various departments and agencies and is found to be in compliance with the City’s General Plan, the County’s Local Hazard Mitigation Plan (LHMP), the City’s Emergency Preparedness Plan, and with applicable State laws including the guidance issued by the Governor’s Office of Planning and Research (OPR) and California Governor’s Office of Emergency Services (CalOES).
Public Outreach
Between Fall 2022 and Spring 2023, as part of the overall Shape Stockton effort, City staff sent mailed notices to property owners, published dozens of notices to the Record, sent dozens of updates via e-mail blasts, hosted over fifteen (15) workshops, conducted dozens of interviews, and held numerous meetings with residents and stakeholders. Specifically for the Housing Element, those workshops include:
• September 14, 2022: Land Inventory Public Workshop #1
• October 19, 2022: Housing Element/Housing Action Plan Kick-Off Meeting
• February 28, 2023: Land Inventory Public Workshop #2
• April 10, 2023: Housing Element Public Workshop #2
• April 27, 2023: Planning Commission Housing Element Working-Session
The Housing Element workshops were intended to introduce the Housing Element Update project, encourage feedback on potential sites and issues, provide a draft document for comment, and provide responses and edits to address those comments received. The draft 6th Cycle (2023-2031) Housing Element was circulated to residents, stakeholders, and City departments for comments in April, August, and December 2023, and again in February and April 2024. Based on feedback in 2023 and 2024, the final Draft Housing Element was revised and submitted to HCD on April 29, 2024.
In addition, given that this effort requires a General Plan Amendment, the Project was circulated to State and regional tribal representatives in accordance with Senate Bill 18 (2004) with no additional mitigation measures proposed by the groups contacted. As required by State law, the draft Safety Element was circulated to the Central Valley Flood Protection Board, San Joaquin County Flood Control, and Water Conservation District, with no comments submitted as of writing this report.
Environmental Analysis
No further environmental review is required under CEQA for General Plan amendments pursuant to Section 15183 (consistency with the development density established by existing zoning, community plan, or general). Changes to Housing and Safety Elements are required by State law and provide additional information to reaffirm and clarify objectives, but do not alter land use designations, zoning, or development intensity, or result in an indirect or direct physical change to the environment. Therefore, the changes are consistent with the General Plan and General Plan Environmental Impact Report (EIR) provided under Section 15183, and no further environmental review is required.
Planning Commission
On June 13, 2024, the Planning Commission voted 5-0 (two members absent) recommending the City Council adopt the 2023-2031 Housing Element and update to the Safety Element (see Attachment E - Planning Commission Approved Resolution).
Public Notice
Notice for the City Council public hearing for this request was published in The Record on June 27, 2024. Copies of the notices were sent to all stakeholders and interested residents from the Shape Stockton contact group, which consists of over 500 individuals. As of the publication of this report, no written comments have been received.
FINANCIAL SUMMARY
While there is no financial impact on the City for the adoption, a certified Housing Element allows the City to submit for funding related to housing. Most of the funds for consultant time was reimbursed by the Local Early Action Planning (LEAP) grants given to the City from the state in 2022.
Attachment A - Draft 2023-2031 Housing Element (Redline)
Attachment B - Draft Safety Element Background Report
Attachment C - Draft Amended Safety Element (Redline)
Attachment D - HCD Compliance Letter
Attachment E - Planning Commission Approved Resolution