TO: Napa County Planning Commission
FROM: Brian D. Bordona - Director of Planning, Building & Environmental Services
REPORT BY: Trevor Hawkes - Supervising Planner
SUBJECT: Revisions to the Housing Element Amendment of the Napa County General Plan for the Sixth Cycle Planning Period (2023 - 2031)
RECOMMENDATION
title
PROPOSED GENERAL PLAN AMENDMENT: 2023 - 2031 HOUSING ELEMENT UPDATE
CEQA Status: On January 24, 2023, the Napa County Board of Supervisors certified the Final Environmental Impact Report (FEIR) for the Sixth Cycle Housing Element Update. The FEIR was prepared in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines (California Code of Regulations Section 15000 et seq.), and Napa County Local Guidelines Implementing CEQA, as well as relevant case law. The revisions proposed in this hearing would not add or remove sites for multifamily housing from the final adopted Sixth Cycle Housing Element Update’s Housing Sites Inventory. Likewise, no revisions are proposed which would alter or modify regulations in regard to density of development, scale of buildings, infrastructure, land uses or location which were not analyzed under the FEIR. For this reason, no subsequent or supplemental EIR is needed for these amendments, in that no substantial evidence exists showing that the changes in the project will involve any new significant environmental effects or a substantial increase in the severity of previously identified environmental effects.
Request: The Sixth Cycle Housing Element Update (HEU) for the 2023-2032 Planning Period was a County-initiated amendment to the Napa County General Plan Housing Element. The General Plan amendment updated the County’s Housing Element, including goals, objectives, policies, and implementation programs that addressed the maintenance, preservation, improvement, and development of housing in unincorporated Napa County. In addition, the HEU identified sites appropriate for the development of multifamily housing and actions necessary to prepare the sites for development which would meet the requirements of State law. The HEU was adopted by the Napa County Board of Supervisors on January 24, 2023, and soon thereafter transmitted to the California State Department of Housing and Community Development (HCD) for review and certification. On April 27, 2023, the County received a letter from HCD outlining revisions to the HEU needed for HCD to certify the County’s Housing Element.
At this meeting, the Planning Commission will be asked to consider adoption of a resolution recommending that the Board of Supervisors adopt revisions to the 2023-2031 Housing Element responding to HCD’s comments.
Staff Recommendation: Hold a public hearing and adopt a resolution recommending revisions to the prior General Plan Amendment updating the County’s Housing Element for the Sixth Cycle planning period (2023 - 2031).
Staff Contact: Trevor Hawkes, Supervising Planner, (707) 253-4388 or trevor.hawkes@countyofnapa.org.
body
EXECUTIVE SUMMARY
Proposed Actions:
That the Planning Commission:
1. Hold a public hearing; and
2. Adopt the attached resolution recommending (Attachment A) that the Napa County Board of Supervisors approve revisions to the 2023-2031 Housing Element.
Discussion:
Pursuant to State law, on January 24, 2023, Napa County adopted an amendment to the General Plan Housing Element and submitted it to the California Department of Housing and Community Development (HCD) for certification on March 1, 2023. The Housing Element is subject to formal State review and determination as to conformance with the statute. State law includes specific requirements for both content and process regarding periodic Housing Element updates. Content requirements include a review of the prior housing element’s effectiveness, a housing needs assessment, an assessment of fair housing, an assessment of constraints on housing, a housing site inventory, as well as goals, policies, programs, and objectives related to the production of housing sufficient to satisfy a broad spectrum of community needs.
On April 27, 2023, the County received a letter from HCD which requested further revisions to the HEU that would be necessary for HCD to certify the County’s adopted Housing Element. County Staff have worked with the County’s Housing Element consultants, our regional housing collaborative consultant, and HCD in preparing additional revisions to the 2023-2031 Housing Element needed to satisfy HCD. Staff requests that the Planning Commission adopt and forward a resolution recommending that the Board of Supervisors adopt and incorporate the proposed revisions into the 2023-2031 General Plan Housing Element.
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: On January 24, 2023, the Napa County Board of Supervisors certified the Final Environmental Impact Report for the Sixth Cycle Housing Element Update. The FEIR was prepared in compliance with the CEQA, the State CEQA Guidelines (California Code of Regulations Section 15000 et seq.), and Napa County Local Guidelines Implementing CEQA as well as relevant case law. The revisions proposed in this hearing would not add or remove sites for multifamily housing from the final adopted Sixth Cycle Housing Element Update’s Housing Sites Inventory. Likewise, no revisions are proposed which would alter or modify regulations in regard to density of development, scale of buildings, infrastructure, land uses or location which were not analyzed under the FEIR. For this reason, no subsequent or supplemental EIR is needed for these amendments, in that the changes are not substantial; and no substantial evidence exists showing that: (1) the changes in the Element will involve any new significant environmental effects or a substantial increase in the severity of previously identified environmental effects; (2) circumstances have changed since the FEIR was certified; or (3) new information is available, which was not known and could not have been known when the FEIR was certified, that shows that the Housing Element will have significant impacts not considered in the FEIR. (CEQA Guidelines Section 15162.)
BACKGROUND AND DISCUSSION
Housing Element Update Process
Napa County adopted a comprehensive update to the County’s Housing Element for the State’s Sixth Cycle Planning Period to address housing needs for the years 2023 through 2031. The update was adopted on January 24, 2023, by the Board of Supervisors. The Housing Element is subject to formal State review by HCD, which provides its view as to whether the Housing Element conforms with the housing element statutes. State law includes specific requirements for both content and process regarding periodic Housing Element updates. In particular, the Housing Element is required to affirmatively further fair housing, including a summary of fair housing issues, an analysis of integration and segregation patterns, disparities in access to opportunity, contributing factors, fair housing priorities and goals, and actions to implement those goals. Many of HCD’s comments dealt with this aspect of the adopted Housing Element. Ultimately the Housing Element amendments and future rezoning will assist in the Housing Element goals of developing more affordable housing.
The County received a letter from HCD on April 27, 2023, concluding its review of the County’s Housing Element, which outlined revisions that would be needed for HCD to certify the Housing Element.
Since receiving the April 27, 2023, compliance letter from HCD, Staff has been working with the County’s Housing Element consultant team in preparing Housing Element revisions that would address the various requests in HCD’s April 27, 2023, letter. Over that time period staff has held meetings with ABAG’s regional housing element consultants (5/08/23) and HCD (07/14/23, 7/28/23 & 9/13/23, 11/1/23, 11/15/23) to discuss potential revisions.
Revisions to the adopted Housing Element
HCD’s April 27, 2023, letter identified 19 specific areas in the County’s Housing Element that would require revision before HCD would certify the Housing Element. A matrix is included (Attachment E; Revisions Matrix) itemizing each HCD revision request, matching it to specific revisions provided by Staff, and identifying the page numbers where the revision can be found. The following is a summary of the proposed Housing Element revisions:
• Expanded the assessment of fair housing to include comparisons to the Bay Area region;
• Identified common locations of homeless encampment activity in the unincorporated county, added narrative concerning homeless needs, modified Program H-3k to address incorporation of the Fall 2023 Homeless count into Farmworker Housing Study recommendation, and added geographic targeting for housing rehabilitation to Programs H-1a and H-1b;
• Added maps and text to discuss housing sites in relation to median income, disability, familial status, overcrowding, and overpayment;
• Added discussion of local affordable housing programs, ramifications of low-density zoning, redlining (lack of) and employer locations in relation to housing locations;
• Added farmworker needs information from a Napa-Sonoma Collaborative Equity Working Group Study and a UC Merced Study;
• Discussed additional potential environmental constraints discussion for the sites within the Housing Sites Inventory;
• Added new programs H-4m and H-4n setting timelines for annexation of the Foster Road site and preparation of the Imola Site;
• Modified program H-4g to include timelines for subdivision of large sites (sites in excess of 10 acres in size);
• Modified Program H-5f to include the removal of the CUP requirement from the AHCD zoning district, a commitment from the County to allow group homes of seven or more persons in all zones allowing residential uses, and a July 2024 deadline to complete community/stakeholder outreach on multifamily development constraints;
• Added Program H-6c to provide additional place-based strategies to improve access to opportunity for lower-income areas;
• Added Program H-6d to provide mobility strategies to improve access for lower-income households to higher resource areas; and
• Provided more time to complete programs that were due within the first year of adoption.
Although 19 revision areas were identified in the HCD letter, Staff has made an additional revision to the adopted Housing Element to address ongoing changes to Fire Hazard Severity Zone Maps issued by the Board of Forestry.
These changes are shown in the attached redline version of the Housing Element (Attachment B).
Revisions to Chapter 3; Housing Goals, Policies and Programs
Staff has proposed the following revisions to the County’s proposed Goals, Policies and Programs table to comply with HCD’s April 27, 2023, letter and comments from HCD:
Program H-1a: Continue to inspect housing in response to complaints, and work with property owners to bring units up to current housing code standards. Make property owners aware that financial assistance is available for properties housing lower income households.
Objective: Through code enforcement efforts and funding assistance, the County will seek to facilitate the rehabilitation of 10 housing units in fair or dilapidated condition in the County or in the Cities that are occupied by low- (4 units), very low- (4 units), or extremely low-income (2 units) households during the planning period. Outreach for rehabilitation assistance programs will target the areas of Angwin, along Silverado Trail north of St. Helena, east of the City of Napa, or near Lake Berryessa where units in need of repair tend to be located.
Timing: Offer assistance to lower income owners as complaints are received. Advertise availability of rehabilitation loans annually.
Responsible Department: PBES Code Enforcement Division; CEO, Housing and Homeless Services Division
Program H-1b: To the extent permitted by law, implement a program to enable non-profit organizations to apply for the use of up to 10% of new funds annually to fund projects and programs designed to correct health and safety hazards in owner-occupied and renter-occupied housing that is reserved for low-, very low-, or extremely low- income households.
Objective: The County will seek to make available up to 10% of new Affordable Housing Fund money annually to leverage federal, state, and other public and private housing rehabilitation funds. Outreach for rehabilitation assistance programs will target the areas of Angwin, along Silverado Trail north of St. Helena, east of the City of Napa, or near Lake Berryessa where units in need of repair tend to be located.
Timing: Annually, through Notice of Funding Availability (NOFA) process.
Responsible Department: CEO, Housing and Homeless Services Division
Program H-2b: Continue to encourage greater provision of affordable housing units in conjunction with market rate projects by implementing the Affordable Housing Ordinance. Conduct new nexus analysis to update inclusionary requirements (including addition of rental inclusionary component) and in-lieu fee rates, to strike a balance between market rate development feasibility and affordable housing needs.
Objective: Affirmatively further fair housing by encouraging provision of affordable housing units integrated with market rate housing units via onsite inclusionary requirements. Until current inclusionary ordinance is updated, target 20% of new for-sale single-family detached housing and 17% of new single-family attached or common interest housing as inclusionary affordable units (or collect commensurate in-lieu fees) and collect housing impact fees for rental housing projects, consistent with the existing ordinance. Once the Inclusionary Ordinance is updated, the Housing Element will target the updated ordinance's inclusionary percentages for “for sale” and “for rental” housing, or collection of commensurate in-lieu fees. Assuming that relaxing inclusionary requirements on 4th and 5th Cycle AHCD sites per Program H-4g can stimulate development of approximately 10% of the unit capacity identified on those sites during the 6th cycle, this could produce 45 new units. Assuming a reduced 20% inclusionary requirement would apply to this development, 10 new lower-income units would be produced. This lower-income unit objective may be modified if the Nexus Study Update determines a lower inclusionary percentage is appropriate. Target at least 50% of new inclusionary units in high resource areas, areas with median income above the county-wide median, and in RCAAs.
Timing: Complete ordinance updates by December 2025. Produce 10 new inclusionary units by end of 6th Cycle, with this number to be modified to align with any changes in inclusionary percentages that may arise out of the Nexus Study update.
Responsible Department: PBES
Program H-2d: Through a Notice of Funds Availability (NOFA) process, notify the public of available special assistance programs in coordination with the cities and other public and private agencies, using brochures and news releases.
Objective: Provide the public with notice of available assistance programs at least every other year during the planning period. Target at least 50% of new units assisted in high resource areas, areas with median income above the county wide median, and in RCAAs. Target at least 60 new lower-income units assisted in the 6th Cycle.
Timing: Annually, through NOFA process
Responsible Department: CEO, Housing and Homeless Services Division
Program H-2I: Continue to offer financial assistance to property owners who are interested in building second units, including ADUs and JADUs, that would be deed restricted for use by very low- or low-income residents.
Objective: Assist 45 property owners who commit to deed restrict ADU/JADUs for use by very low- or low-income residents, and target at least 50% of new ADUs assisted in high resource areas, areas with median income above the county wide median, and in RCAAs.
Timing: Ongoing as applications are received
Responsible Department: CEO, Housing and Homeless Services Division
Program H-3g: Work to identify a site and funding for a new farmworker family housing development and prioritize use of resources available to support new farmworker housing accordingly.
Objective: Identify at least one site and pursue funding to assist in new farmworker housing development during the planning period, placing a priority on sites that offer access to shopping, schools, and services.
Timing: Identify at least one suitable site by July 2024; conduct outreach and solicit developer interest by July 2025; develop project plans and apply for available state or federal funding by July 2026; provide project approvals by July 2029; issue building permits by July 2030.
Responsible Department: PBES; CEO, Housing and Homeless Services Division
Program H-3k: Implement Recommendations of REAP-funded Farmworker Housing Study
Objective: Following recommendations from the Farmworker Housing Study, develop plans and initiate work on developing housing for at least an additional 30 farmworkers. Depending on the recommendations of the Farmworker Housing Study, this could include housing for single farmworkers and/or farmworker family housing, placing a priority on sites that offer access to shopping, schools, and services. Also utilize findings from the Fall 2023 homeless count to target outreach to homeless farmworkers and identify actions to implement the recommendations of the Farmworker Housing Study.
Timing: Complete Farmworker Housing Study by December 2024. Initiate implementation of any recommended programs by July 2025. Initiate work on developing new farmworker housing by January 2026. Break ground on new farmworker housing by July 2030.
Responsible Department: PBES; CEO, Housing and Homeless Services Division
Program H-4f: Facilitate rebuilding process for mobilehome parks lost in wildfires, such as Spanish Flat MHP, by offering technical assistance and working with property owners to increase residential density above prior levels.
Objective: Rebuild mobilehome parks providing at least 10 20 mobilehome spaces.
Timing: Conduct outreach to owners of burned mobilehome parks within the second year of the planning period to explore their interest in rebuilding. Within the first three years of the planning period, provide interested property owners with technical assistance to develop plans for rebuilding. Seek to approve re-construction plans within six months of submittal of a complete application.
Responsible Department: PBES
Program H-4g: Facilitate subdivision of any parcel over 10 acres in size within the Site Inventory for multiple family development.
Objective: Assist at least one property owner during the planning period to create a smaller parcel that can be developed with multiple family housing that can be constructed within the 6th Cycle Planning Period. Offer assistance in subdividing their properties to all owners of housing inventory sites. If at least one site is not subdivided by December 31, 2027, and if needed to fully accommodate the County's 6th Cycle RHNA, the County will initiate action to identify a suitable replacement site with appropriate zoning and development standards and complete rezoning within one year.
Timing: June, 2024. Engage with at least one owner of a large Housing Element site to develop an application for subdivision to create at least one site of 10 acres or smaller for housing development within six months of Housing Element certification. Approve a tentative subdivision map for at least one new parcel of 10 acres or less for multifamily housing development by December 31, 2027.
Responsible Department: PBES
Program H-4i: Pursue housing subsidy funding for farmworker housing from sources such as State Low-Income Housing Tax Credit Farmworker Set-Aside and/or USDA Rural Development.
Objective: Work with at least one developer to secure funding to assist in the development of farmworker housing during the planning period. This may include collaboration with the cities to develop new farmworker housing, as done successfully in the 5th Cycle.
Timing: Ongoing based on NOFAs; make at least one funding application during the planning period.
Responsible Department: CEO, Housing and Homeless Services Division
Program H-4m: Work with the State of California Department of General Services (DGS) to Develop Housing on Imola Avenue site.
Objective: Work with the State to develop at least 100 affordable housing on the Imola site by 2031. Napa County anticipates that the California Department of General Services will lead the process for securing a developer to build affordable housing at the site and handle any required environmental review. In supporting this process, the County will advocate for housing at the site to address the community's special housing needs and will also inform prospective developers about the availability of Housing Fund monies to assist in developing affordable housing at the site. Napa County will help to facilitate the process of securing commitments from the City of Napa and Napa Sanitation for water and wastewater services for the site and will monitor the progress. If it becomes clear that either City of Napa or Napa Sanitation will not provide necessary services, the County will initiate work to identify and rezone an alternate site to ensure that the County can fully accommodate its 6th Cycle RHNA within one year.
Timing: Initiate discussions with DGS to coordinate planning for development of the site by July, 2024 and coordinate with state officials on an ongoing basis; reach out to City of Napa (water) and Napa Sanitation (wastewater) to begin process of securing commitments for utility services for the site by December, 2024. Encourage DGS to issue an RFP for a developer by June 2026. If the City of Napa and/or Napa Sanitation have not committed to provide services to the site by December 2027, begin work with DGS to identify viable alternate means of obtaining services. If viable alternatives are not identified by June 2028, immediately initiate work to identify and rezone an alternate site if necessary to ensure the County can fully accommodate its RHNA.
Responsible Department: PBES
Program H-4n: Foster Road Annexation
Objective: Work with the City of Napa for annexation of all property currently within the Sphere of Influence (SOI) on the east side of Foster Road south of Snow School to allow provision of City water services and for development to occur at the site. The timing of the annexation will be such that housing development at the site consistent with the Housing Element can proceed and be completed to allow occupancy within the 6th Cycle Planning period. If the County finds that substantial progress towards annexation has not occurred, such that housing development at the site cannot be completed by the end of the 6th Cycle Planning period, the County will immediately initiate efforts to identify and rezone a replacement housing site, if necessary to ensure that the County can fully accommodate its 6th Cycle RHNA.
Timing: By July 1, 2024, initiate negotiations with the City of Napa to establish an annexation agreement between the City and County for annexation of the property within the SOI and generally bordered by Foster Rd. on the east, Snow School to the north, Golden Gate Ave. to the east, and the Rural-Urban Limit (RUL) to the south, to allow planning of a comprehensive mixed use housing development consistent with the City of Napa’s General Plan for terms by which the County will obtain RHNA credit in the 6th Cycle Housing Element for a 5-acre portion of the overall annexation area. It is expected that, by June 30, 2025, the City of Napa will initiate an annexation application with LAFCo. If annexation approval is not granted by LAFCo by December 2027, the County will, if necessary, identify and rezone a replacement property to allow multifamily housing and ensure that the County can fully accommodate its 6th Cycle RHNA, with any necessary rezoning actions to be completed by June 2029.
Responsible Department: PBES
Program H-5f: Update County Code to Align with State Housing Laws
Objective:
- Eliminate requirement for CUP for multifamily residential projects in the RM zone and on AHCD sites.
- Adopt an updated master fee schedule, including permit and fee costs for multifamily housing by December, 2023 July 2024.
- Review and revise Reasonable Accommodation procedure. Modifications will include, but not be limited to, modification of finding #3 and removal of findings #4 and #5, to be consistent with fair housing law.
- (Program H-5f contains 14 additional objectives that were not modified by this revision process. Please refer to Attachment F to view the full list of Program H-5f objectives).
Timing: Complete community/stakeholder outreach by July 2024. Complete all necessary Code updates by December 2024
Responsible Department: PBES
Program H-6a: Affirmative Marketing of Affordable Housing Opportunities
Objective: Affirmatively market affordable housing opportunities to farmworkers whenever wait lists open for affordable projects, including a listing of tenants interested in occupying deed-restricted ADUs. Partner with schools, churches, and non-profit organizations to connect with farmworker populations.
Timing: Upon opening of waiting lists for new affordable housing projects, or at least annually, and ongoing.
Responsible Department: CEO, Housing and Homeless Services Division
Program H-6c: Place-based strategies to improve access to opportunity for lower-income areas.
Objective: The County will continue to prioritize the Capital Improvement Program (CIP) and explore and pursue funding for a variety of community development and place-based strategies in areas with relatively higher concentrations of lower income households including but not limited to infrastructure, circulation, safe routes to school, parks, open space, community facilities and community amenities, targeting at least six improvements in these types of disadvantaged areas within the 6th Cycle. Engage with NVTA's process to develop an Active Transportation Plan for seniors, the Vine Trail project, and Safe Routes to Schools projects in order to advocate for prioritizing transportation improvements (services or infrastructure) that will benefit lower-income areas of the county. Engage lower-income communities in identifying and prioritizing investments for priority in the County's CIP.
Timing: Explore and pursue funding from sources such as Community Development Block Grants and other state and federal programs at least once every two years. Engage with NVTA at least annually (each program) to advocate on behalf of lower-income areas of the County. Engage lower-income communities at least annually to solicit input on prioritizing CIP investments.
Responsible Department: CEO, PBES, Public Works
Program H-6d: Mobility strategies to improve access for lower-income households to higher resource areas.
Objective: Continue to support Napa Valley Community Housing's Homesharing Program, as a means to help lower-income homeowners generate extra income to remain in their homes and to provide opportunities for lower-income people to rent spaces in homes in higher-income areas and RCAAs, with a goal for the program to assist 20 to 50 people during the 6th Cycle. Also, in implementing SB-9, prepare and publicize maps of areas where SB-9 subdivisions will likely be feasible in the unincorporated area as a means to encourage housing production on smaller lots that could be more affordable than existing housing, with a goal to accommodate 15 to 20 new housing units through SB-9 subdivisions during the Sixth Cycle. The program includes a goal for at least 50% of the persons assisted by the Homesharing Program and 50% of the units created via SB-9 to be in high resource areas, areas with median income above the county-wide median, and RCAAs.
Timing: Annually, continue to support the Homesharing program in partnership with NVCH. Complete maps and publicize potential SB-9 locations by June 2025. Publicize potential SB-9 locations on an ongoing basis via an SB-9 information page on the County's website.
Responsible Department: CEO, Housing and Homeless Services Division
Decision making options:
The following options are available to the Planning Commission as it reviews the revisions to adopted 6th Cycle Housing Element and decides what recommendations the Commission will make to the Board of Supervisors:
• The Planning Commission may recommend incorporating all revisions prepared by Staff to the Board of Supervisors (Staff Recommendation);
• The Planning Commission may recommend modifications, additions, or removal of any of the revisions prepared by Staff to the Board of Supervisors.
Whatever final recommendation the Commission makes to the Board of Supervisors, Staff requests that the Commission also direct Staff to make any non-substantive changes in preparation of the final draft.
It should be noted that pursuant to Government Code Section 65354, the Planning Commission is required to make a written recommendation on the adoption or amendment of a general plan. The recommendation for approval shall be made by a three-fifths affirmative vote of the Commission.
SUPPORTING DOCUMENTS
A. Resolution regarding revisions to the Housing Element
B. Revised Adopted Housing Element (Redline Version)
C. Revised Adopted Housing Element (Clean Version)
D. April 27, 2023, HCD Housing Element Compliance Letter
E. Revision Matrix