AGENDA TITLE:
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Public Hearing to Consider Adopting a Resolution to Amend the General Plan for the 6th Cycle Housing Element Update and Direct Staff to Transmit the Report to the California Department of Housing and Community Development (CD)
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MEETING DATE:
March 20, 2024
PREPARED BY:
Cynthia Marsh, City Planner
recommendation
RECOMMENDED ACTION:
Adopt a resolution to amend the General Plan for the 6th Cycle Housing Element Update and direct staff to transmit the report to the California Department of Housing and Community Development (HCD).
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BACKGROUND INFORMATION:
The City of Lodi (City) has prepared a draft update to the Housing Element of the General Plan to affirmatively further fair housing and accommodate the 3,909-unit Regional Housing Needs Allocation (RHNA) for the 2023-2031 Housing Element cycle. The content of the draft 2023-2031 Housing Element is structured for consistency with the requirements set forth in state law. In addition to responding to requirements of state law, the Housing Element also demonstrates the City’s strategy to meeting the City’s locally determined housing needs, and that these needs are addressed through policies and programs outlined within the Housing Element. Public review and input has been a critical component of this 6th Cycle Housing Element Update.
This staff report provides a summary of the Housing Element requirements, an overview of the status of the City’s draft Housing Element, and the California Department of Housing and Community Development’s (HCD) 90-day review of the draft.
The draft Housing Element was submitted to HCD on November 2, 2023. Review during the 90-day period was facilitated through multiple communications with HCD and the City’s Housing Element consultants through January 2024. Revisions incorporating HCD’s feedback concerning potential findings were incorporated and resubmitted to HCD on January 26, 2024 following a seven-day public comment period. On January 29, 2024, the City received a letter from HCD stating that the City’s draft element, including incorporated revisions, substantially “complies with State Housing Element Law.” All potential findings had been proactively addressed and incorporated before the 90-day review period had concluded. The City of Lodi is one of only a handful of jurisdictions in the State to do so.
Pursuant to Assembly Bill 1398 (2021), the City has 120 days from the statutory deadline of December 31, 2023, for Council to adopt a compliant Housing Element. The failure to adopt in this time period triggers automatic penalties, such shorter timeframes for required rezones of Housing Element sites, and loss of substantial compliance status for purposes of State grants and funding sources. On February 28, 2024, Planning Commission held a public hearing on this item.
PROJECT summary
CA Government Code Title 7, Division 1, Chapter 3, Article 10.6 [65580 - 65589.11] regulates the use and requirements of housing elements in California. The state law requires that the jurisdictions update their General Plan Housing Element every eight years. State law further requires the current update for jurisdictions in the San Joaquin Council of Governments (SJCOG) region to comply by December 31, 2023.
The City’s 2023-2031 Draft Housing Element was prepared and staff performed outreach to gather community feedback, online engagement, Planning Commission and City Council study sessions, input and discussion at 8 public workshops over the course of the past year. Workshops on the Draft Housing Element and related updates were held at City Council, Planning Commission, Lodi Improvement Committee, LOEL Senior Center, California Human Development (CHD) at WorkNet, Hutchins Street Square, and Lodi Certified Farmers Markets. Guidance was also provided by HCD and community stakeholders throughout the process.
On November 2, 2023, the draft Housing Element was submitted to HCD for its review. The 90-day period was facilitated through multiple communications between the City, HCD, and the City’s Housing Element consultants (Mintier Harnish and Rincon) through January 2024. Based upon those questions, staff and consultants revised the draft Housing Element to include additional information and analysis. On January 19,2023, the City published the changes incorporating HCD’s feedback on the City’s website and distributed e-Blasts requesting public comment on those changes. The City received no comment letters during the public review period, and resubmitted the draft to HCD on January 26, 2024, following a seven-day public comment period.
On January 29, 2024, the City received a letter from HCD stating that the City’s draft Housing Element, including incorporated revisions, substantially “complies with State Housing Element Law.” All potential findings had been proactively addressed and incorporated before the 90-day review period had concluded.
The following section summarizes the required components of Housing Element Updates per State law, new requirements included since the 5th Cycle Housing Element Update (2015-2023), and penalties for non-compliance with Housing Element laws. The section also includes a summary of public meetings related to the 6th Cycle Housing Element Update prior to today’s meeting.
Required Components of a Housing Element
Pursuant to Government Code Section 65583, local governments are required to include the below items as components within their Housing Elements, and subsequent updates thereto. Newly required components introduced as part of the 6th Cycle are noted below and discussed in further detail within the “New Requirements for the 6th Cycle Housing Element Update” Section below.
1. Housing Needs Assessment. Examine demographic, employment and housing trends and conditions and identify existing and projected housing needs of the community, with attention paid to special housing needs (e.g., large families, persons with disabilities). This section includes a community’s Regional Housing Needs Allocation (RHNA) as determined by a community’s regional planning body in partnership with HCD.
2. Evaluation of Past Performance. Review the prior Housing Element to measure progress in implementing policies and programs.
3. Housing Sites Inventory. Identify locations of available sites for housing development or redevelopment to demonstrate there is enough land zoned for housing to meet future need at all income levels.
4. Community Engagement. Implement a robust community engagement program that includes reaching out to individuals and families at all economic levels of the community plus historically underrepresented groups.
5. Constraints Analysis. Analyze and recommend remedies for existing and potential governmental and nongovernmental barriers to housing development.
6. Policies and Programs. Establish policies and programs to be carried out during the 2023-2031 planning period to fulfill the identified housing needs.
7. AFFH. New component of state law: Analyze and address significant disparities in housing needs and access to opportunity by proposing housing goals, objectives, and policies that aid in replacing segregated living patterns with truly integrated and balanced living patterns, transforming racially and ethnically concentrated areas of poverty into areas of opportunity, and fostering and maintaining compliance with civil rights and fair housing laws.
New Requirements for the 6th Cycle Housing Element Update
Pursuant to recent State legislation, the following items are now required as part of the Housing Element Update process:
• Affirmatively Furthering Fair Housing (AFFH). Assembly Bill 686 (AB 686), passed in 2018, created new requirements for jurisdictions to affirmatively further fair housing. According to AB 686, affirmatively furthering fair housing means to take “meaningful actions, in addition to combating discrimination, which overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics” and is Federally mandated by the 1968 Fair Housing Act. The four main goals are to:
o Address significant disparities in housing needs and in access to opportunity, and
o Replace segregated living patterns with truly integrated and balanced living patterns, and
o Transform racially and ethnically concentrated areas of poverty into areas of opportunity, and
o Foster and maintain compliance with civil rights and fair housing laws.
• Public Comment on Draft Revisions. Assembly Bill 215 (AB 215, 2021) requires local governments to make the first draft revision of their housing element update available for public comment for at least 30 days. Further, if any comments are received, a local government must take at least ten additional business days to consider and incorporate public comments into the draft revision before submitting to HCD. HCD must review the draft and report its written findings to the planning agency within 90 days of receiving the first draft submittal for each housing element revision or within 60 days of its receipt for a subsequent draft amendment or adoption.
Penalties for Non-Compliance
In the 6th Cycle, jurisdictions face a number of new consequences for not having a certified Housing Element. Under legislation enacted in recent years, if a jurisdiction does not comply with State housing law, HCD may refer the jurisdiction to the Attorney General. Significant fines may be imposed if a jurisdiction does not comply with a court order within one year. A court finding a Housing Element inadequate may limit local land use decision-making authority until the jurisdiction brings its Housing Element into compliance, or local governments may lose the right to deny certain projects.
Conversely, an HCD-certified housing element makes jurisdictions eligible for, or with higher priority for, numerous sources of funding, such as Local Housing Allocations, Affordable Housing and Sustainable Communities Grants, SB 1 Planning Grants, CalHOME Program Grants, Infill Infrastructure Grants, Pro-Housing Design funding, Local Housing Trust Funds and Regional Transportation Funds.
Related Elements
Updates to the following General Plan elements are in process and will be brought forward at a later date.
• Environmental Justice. In 2016, SB 1000 amended Government Code § 65302 to require jurisdictions to adopt an Environmental Justice (EJ) Element or EJ related goals, policies, and objectives integrated in other elements, which identifies “disadvantaged communities” within the area covered by the general plan, if the city, county, or city and county has a “disadvantaged community.” “Disadvantaged communities” are defined as areas identified by the California Environmental Protection Agency Pursuant to Section 39711 of the Health and Safety Code OR a low-income area that is disproportionately affected by environmental pollution and other hazards that can lead to negative health effects, exposure, or environmental degradation. This law is triggered if the jurisdiction is updating two or more elements concurrently on or after January 1, 2018.
• Safety Element. Jurisdictions must review and update their Safety Element to meet certain requirements concurrently with the Housing Element update. The Safety Element must be reviewed and updated to address wildfire, seismic, geologic and flood risks. Climate adaptation and resiliency strategies are also considered.
• SB 1035 and SB 379. Require all jurisdictions to address climate change adaptation and resilience in their general plan safety element. SB 379 is triggered by the next update of a jurisdiction’s local hazard mitigation plan (updated every five years) or before 1/1/2022, whichever is first. SB 1035 built off SB 379, requiring the safety element be updated every eight years upon the next housing element update.
Summary of Prior Meetings and Study Sessions
Over the last year, the City has conducted a comprehensive community engagement and outreach strategy as required by Government Code to assist in informing the 6th Cycle Housing Element Update Process. This strategy has included a series of community meetings and study sessions with City Council, Planning Commission, community workshops at multiple locations throughout the community, interviews with stakeholders, and booths at the Lodi Certified Farmers Market. These meetings and study sessions are summarized below, and described in detail beginning on page 3 of the draft Housing Element. In addition, consultants created a dedicated webpage at www.planLodi.com <http://www.planLodi.com> where interested parties could find updates, draft documents, and sign up for e-Blasts. Staff followed up with personal emails to non-profit housing developers and similar interested parties to ensure that e-Blasts and newsletters were received in inboxes. Meetings and updates were also posted to the City’s various social media sites, and shared via the City Manager’s weekly newsletter. The website and materials were available in English and Spanish, and a one-click translation tool was offered online. Spanish translation services were available for meetings, with one meeting at CHD translated entirely in Spanish from the presentation through Q&A. Feedback received throughout the ongoing community engagement and outreach process has assisted staff and the consulting team in preparing the draft Housing Element Update and related items. Prior meetings and workshops include:
• March 23, 2023, Kick-off Workshop, Carnegie Forum
• April 11, 2023, Lodi Improvement Committee
• April 12, 2023, Planning Commission Study Session
• April 13, 2023, Hutchins Street Square Workshop
• June 5, 2023, LOEL Senior Center
• June 8, 2023, Farmer’s Market Booth
• June 29, 2023, Farmer’s Market Booth
• July 26, 2023, California Human Development (CHD) at WorkNet (with live translation in Spanish)
• September 12, 2023, City Council Shirtsleeve Session
• February 28, 2024, Planning Commission Public Hearing
Housing Element Requirements
The following section summarizes the contents of the City Housing Element Update for the 2023-2031 Planning Period.
Housing Needs Assessment
As part of the Housing Element Update process the City is required to analyze the existing and projected housing needs of the City, including its fair share of RHNA requirements. The City’s analysis of housing needs is required to include an assessment of detailed demographic data including population, age, size, and ethnicity; household characteristics; overpayment trends; housing stock conditions; units in need of replacement or rehabilitation; and needs of special needs populations including the elderly, persons with disabilities, unhoused persons, extremely low-income households, and farmworkers. Utilizing the Regional Housing Needs Allocation Plan provided by SJCOG, the 6th Cycle Housing Element Update outlines the following housing needs of the City.
Regional Housing Needs Allocation (RHNA)
In October of 2022, HCD approved SJCOG’s adopted Final Regional Housing Needs Plan which establishes a total RHNA for the San Joaquin County of 52,719 residential units for the 6th Cycle housing element update 2023-2031 planning period. SJCOG’s Plan further distributes this RHNA across the areas eight jurisdictions based on demographic and population data received from the California Department of Finance (DOF). Local jurisdictions must then utilize their ascribed RHNA to update the housing elements of their general plans for the 6th Cycle planning period, inclusive of identifying eligible land resources to accommodate this RHNA. See the Sites Inventory Section below.
RHNA requirements are organized into four affordability categories, established according to the Area Median Income (AMI) of a geography. These categories include very low-income residential units, which are affordable to households earning less than 50% of AMI; low-income residential units, which are affordable to households earning between 50% and 80% of AMI; moderate income residential units, which are affordable to households earning between 80% and 120%; and above moderate-income residential units which are affordable to households earning upwards of 120% of AMI. The City’s RHNA is 3,909 units. The RHNA breakdown is shown in Figure 1.
Figure 1: Regional Housing Needs Allocation (RHNA)
|
Very Low (less than 50% of AMI) |
497 |
941 |
|
Low (50-80% of AMI) |
331 |
2,124 |
|
Moderate (80-120% of AMI) |
333 |
706 |
|
Above Moderate (More than 120% of AMI) |
770 |
1,671 |
|
Total RHNA |
1,931 |
3,909 |
Source: Final RHNA Plan for SJCOG Jurisdictions: 2023-2031
RHNA Buffer
New “no net loss” provisions of Government Code Section 65863 require the City to ensure an adequate supply of land resources to be made available for housing development throughout the duration of the 2023-2031 planning period. This means if housing sites identified within the City’s 6th Cycle housing element update are developed with non-residential uses, lower residential densities, or residential uses at affordability levels higher than anticipated by the Housing Element, the City’s Housing Element could be determined to be out of compliance. Accordingly, the City’s RHNA requirement is further buffered with 188 units giving the City a buffer of 12 percent to ensure compliance with “no net loss” provisions.
Constraints Analysis
In addition to analyzing the existing and projected housing needs of the City, the Housing Element Update must also identify and analyze potential and actual governmental and nongovernmental constraints to the maintenance, improvement, or development of housing for all income in the community, regardless of protected class. A summary of constraints to the development and improvement of housing in Lodi is included below, along with descriptions of local efforts to lessen these constraints as applicable.
Constraints may include items such as mortgage interest rates, cost of land, construction costs, lack of land zoned for housing, or local development standards that discourage housing development.
Housing Resources & Sites Inventory
As part of the 6th Cycle housing element update, the City is also required to identify resources available to the City for the preservation, rehabilitation, and production of housing throughout the community. This includes programmatic and financial resources, such as those offered locally or through State or Federal partners. These resources also include land resources within the City that were identified as eligible for accommodation of the City’s RHNA Requirements. Pursuant to Government Code Section 65583.2(a) the following land resources are eligible for accommodation of the City RHNA: vacant sites zoned for residential use; or vacant sites zoned for nonresidential use that allows residential development; or residentially zoned sites that are capable of being developed at a higher density; or sites zoned for nonresidential use that can be redeveloped for residential use, and for which the Housing Element includes a program to rezone the site.
Adequacy of the Sites Inventory is shown in Table 68 of the Housing Element, and the City’s Housing Sites Inventory is shown in Housing Element Figure 2.
Policies and Programs
The Housing Element Update includes a set of goals, policies, and implementing programs intended to promote the preservation, rehabilitation, and production of housing throughout the City. Goals are long-range, broad, and comprehensive targets that describe the future outcomes the City desires. A policy is a specific instructional guideline that seeks to promote goals. Together, goals and policies are implemented through a series of programs that identify specific, quantifiable actions the City will undertake during the 6th Cycle planning period. A summary of Draft Goals, Policies and Programs included within the City’s draft Housing Element Section 7.
AFFH
Assembly Bill 686 (AB 686), passed in 2018, created new requirements for jurisdictions to affirmatively further fair housing as part of the Housing Element Update process. These requirements found in Government Code Section 8899.50 are intended to address racial inequalities seen today throughout the Central Valley which developed through historical policies and practices enacted at federal, state, regional and local levels and across the public and private sectors. Though many of these explicit forms of historical discrimination have been outlawed, the results of these systems have left a lasting imprint on both the Central Valley region and the City. Racially explicit practices (e.g., racial covenants) which excluded persons of color from predominately white neighborhoods have been replaced with race-neutral land use policies that continue to exclude these same groups. Furthermore, rapidly increasing housing costs have deepened racial and economic disparity and segregation, displacing many low-income individuals and people of color to the peripheries of the region or out of the Central Valley all together.
Accordingly, Lodi must incorporate fair housing considerations into its 6th Cycle Housing Element Update to increase housing opportunities in high resource neighborhoods and bring additional resources to traditionally under-resourced neighborhoods. The following section summarizes the components of the required AFFH component of Lodi’s Housing Element Update.
The City must demonstrate “meaningful, frequent, and ongoing community participation, consultation and coordination” as part of the 6th Cycle Housing Element Update process. This is intended to ensure that input has been received from groups historically and presently most impacted by fair housing issues and that local knowledge is incorporated into Housing Elements. Accordingly, the City’s targeted community outreach efforts included:
• The www.planlodi.com <http://www.planlodi.com> website and materials were available in English and Spanish, and a one-click translation tool was offered online.
• Spanish translation services were available for meetings, with one meeting in Lodi’s Eastside Area (hosted at CHD) translated entirely in Spanish from the presentation through Q&A.
• A workshop held at LOEL Senior Center, located in the City’s Eastside Area, offered live translation to Spanish.
• Staff proactively reached out to various local and regional non-profit organizations to invite them to become involved in current and future planning activities that may affect the Eastside Area.
Assessment of Fair Housing
The City must also describe and analyze the unique housing circumstances of the City. This analysis is referred to as an Assessment of Fair Housing (AFH) and analyzes circumstances within the City pertaining to Fair Housing issues including:
Fair Housing Outreach Capacity and Enforcement
The City’s AFH includes information regarding the City’s Fair Housing Outreach Capacity and Enforcement methods which includes coordination with state and federal agencies. HUD’s Office of Fair Housing and Equal Opportunity (FHEO) receives complaints on housing discrimination. At the state level, the Department of Fair Employment and Housing (DFEH) maintains a record of housing discrimination complaints filed in local jurisdictions. In 2020, there was one inquiry but zero fair housing complaints in Lodi filed with DFEH.
Between 2006 and 2020, 207 complaints were filed with the FHEO in San Joaquin County. The most common basis for complaints was disability, comprising approximately 48 percent of all complaints filed in the county (48 complaints). Twenty-nine percent of cases were filed on the basis of race (60 complaints, 29 percent on a Black/African American basis (47 complaints), 16 percent on familial status (34 complaints), 13 percent on national origin (27 complaints), 11 percent on retaliation (23 complaints), 10 percent on a Hispanic national origin basis (20 complaints), and eight percent on sex (17 complaints).
From 2013 to 2022, 16 fair housing complaints were filed with FHEO in Lodi. The most common basis for complaints was national origin, comprising 25 percent of all complaints in the city (4 complaints). Three complaints were filed on the basis of race, three on familial status, one on disability, one on color, one on sex, and one on retaliation.
According to the City’s Analysis of Impediments (AI), no fair housing complaints were processed by HUD and instead complaints were referred to DFEH for processing. A total of 16 complaints were recorded with DFEH from 2012 to 2015. The most common basis for complaint was disability (seven complaints). Three complaints were filed on the basis of national origin and one complaint each was filed on the basis of race, religion, marital status, association with a protected class, income, and family care. Based on feedback received during the community engagement process, many residents experience housing discrimination based on disability status.
There are five organizations (see draft Housing Element page 132) throughout San Joaquin County that conduct fair housing assistance outreach. These organizations collaborate with San Joaquin County and other local governments, including the City of Lodi, to address housing and community needs and provide the following services:
• Fair housing testing and complaints
• Fair housing counseling and education
• Tenant/landlord counseling and mediation
• Homeless prevention program
• Rental assistance program
• Rent/deposit grant program
• Home seeking services
• Shared housing counseling placement
• Homebuyers’ education learning program
Segregation and Integration Patterns
The City’s AFH also analyzes segregation and integration patterns within the jurisdiction as well as regionally. Segregation and integration patterns are analyzed by evaluating the concentration (or lack thereof) of protected groups within the community, relative to their distribution across a larger geography.
Lodi has a greater percentage of white residents than Stockton, but is similar to other cities in San Joaquin County. The highest percent of non-White residents are located in East Lodi (>81 percent), and the lowest percent (<20 percent) of non-White residents are located on the portion of West Lodi that borders Downtown.
East Lodi has a predominant majority of Hispanic residents (>50 percent gap) (see draft Housing Element Figure 9). A portion of South Lodi has a sizeable majority (10-50 percent gap) of Hispanic residents. A small portion of South Lodi has a slim majority of Asian residents (<10 percent gap). The rest of South Lodi and portions of North Lodi and West Lodi have a sizeable majority of White residents. Downtown Lodi and portions of West Lodi and North Lodi have a predominant majority of White residents (>50 percent).
According to the UDP, Downtown Lodi, East Lodi, and portions of North Lodi and South Lodi have a mix of Hispanic/Latino and White residents (see draft Housing Element, Figure 10. The rest of North Lodi and South Lodi and most of East Lodi has a mix of Asian-American, Hispanic/Latino, and White residents. In East Lodi, the area south of Victor Road and north of Lodi Road consists of mostly Hispanic/Latino residents, indicating this in this area Hispanic/Latino residents are segregated from other racial and ethnic groups.
The population of Lodi has become more diverse since 2000 (see draft Housing Element, Table 76). Between 2000 and 2020, the majority of the population identified as White with the second largest portion of the population identifying as Hispanic/Latino. The percent of the White population has slowly decreased over time while the percent of Hispanic/Latino population has slowly increased. The most dramatic increase in population was for the Asian/Pacific Islander population, which has more than doubled between 2000 and 2020.
Racially and/or Ethnically Concentrated Areas of Poverty (R/ECAPS)
The City’s AFH includes an analysis of Racially and or Ethnically Concentrated Areas of Poverty (R/ECAPS) which are areas in the City defined by HUD as (1) having a non-White population of 50 percent or more, and (2) having extreme levels of poverty, meaning either: (a) at least 40 percent of the population lives at or below the federal poverty line, or (b) the poverty rate is three times the average census tract level poverty rate in the region, whichever is less.
There is one R/ECAP within the East Lodi neighborhood, as shown in Figure 2. This area is predominantly Hispanic/Latino. Approximately 90 percent of residents in this area are non-White and 37 percent of residents in this area are living below the poverty line. The household median income of the R/ECAP area is $36,486 per year, just over half of the median income of all households in Lodi. Like most neighborhoods in the city, Lodi’s R/ECAP encompasses a highway, and is divided east to west by State Route 99. However, areas east of Highway 99 consist entirely of commercial and industrial uses.
Figure 2: Racially/Ethnically Concentrated Areas of Poverty (City of Lodi)
Disparities in Access to Opportunity
The City’s AFH also evaluates disparities in access to opportunity within the City which are areas within the City that have substantial differences in access to education, transportation, economic and environmental outcomes than other areas as identified by the California Tax Credit Allocation Committee (TCAC).
TCAC categorizes census tracts that have both a poverty rate of over 30 percent and that are designated as being racially segregated (overrepresentation of people of color relative to the county) as areas of high segregation and poverty. In San Joaquin County, areas with a high concentration of segregation and poverty in Lodi mostly overlap with R/ECAP areas.
Figure 3 shows poverty level areas within Lodi that had the highest poverty rates, while the southeastern and northwestern areas in the city had the lowest poverty rates.
Figure 3: Poverty Status (ACS, 2015-2019) by Tract
Disproportionate Housing Needs (For Low-Income Households and Protected Classes)
The City’s AFH also evaluates disproportionate housing needs among low-income households and protected classes within the City. Disproportionate housing needs are evident when members of a protected group disproportionately experience a housing need in comparison to other groups or the total population. Disproportionate housing needs typically refer to the risk of displacement, over-crowding, or cost-burdened, among others.
Approximately 43 percent of total households in Lodi experienced housing problems (see draft Housing Element, Table 84). Renter-occupied housing units experience housing problems at a higher rate than owner-occupied housing units.
Approximately two percent of housing units (541 housing units) are considered substandard in Lodi. The majority of substandard housing units (82 percent) lacked complete kitchen facilities. Forty percent of the housing stock in Lodi was constructed prior to 1990 and is more than 30 years old. These units are potentially in need of repair and modernization improvements.
According to 2017-2021 ACS estimates, housing lacking complete plumbing is concentrated in East Lodi in the area north of East Lodi Avenue, where almost three percent of housing units lack complete plumbing. Housing lacking complete kitchen facilities are highest the southwestern part of West Lodi, where approximately nine percent of housing units lack complete kitchen facilities and in the western part of North Lodi (west of State Route 99), where between three and eight percent of housing units lack complete kitchen facilities.
Areas with a higher percentage of housing units lacking complete plumbing and kitchen facilities correspond with areas with a higher percentage of older structures and a higher percentage of multi-family units and renter-occupied housing. Older structures are typically more likely to have rehabilitation needs due to lack of maintenance and upkeep. Multi-family housing units are generally occupied by renter households who cannot directly perform maintenance and repair activities since they do not own the unit. Turnover of rental units can lead to deferment of repairs as tenants may not want to report substandard housing conditions in fear of increased rent or retaliation. In addition, landlords do not always respond to maintenance/repair requests.
Sites Inventory
State Law requires the City to evaluate whether Housing Sites identified as suitable for accommodation of the City’s RHNA requirements are identified relative to the full scope of the assessment of fair housing (e.g., segregation and integration, racially and ethnically concentrated areas of poverty and affluence, access to opportunity, etc.). A summary of how Housing Sites were identified consistent with AFFH requirements is included below.
For purposes of evaluating fair housing, resource levels designated by TCAC/HCD denote access to economic and educational opportunities such as low-cost transportation, jobs, and high-quality schools and the quality of environmental factors in the area such as proximity to hazards and air quality. TCAC has a composite opportunity score for each census tract. Lodi contains a range of resource areas. High-resource areas are generally concentrated in West Lodi and South Lodi, while low-resource areas and areas of high segregation and poverty are concentrated in East Lodi and the eastern part of North Lodi.
Figure 48 through Figure 52 within the draft Housing Element show the housing opportunity sites by TCAC-designated resource area. The housing opportunity sites are designated by income category - whether the sites could accommodate housing appropriate for low-, moderate-, or above moderate-income households. The “appropriateness” of sites for various affordability levels is dictated by state housing element law and HCD guidance and is determined by site characteristics such as allowable density, size of site, realistic capacity, existing use(s). More information about the sites and income designations is available in the draft Housing Element, Appendix E, Housing Resources.
Most of the housing opportunity sites are in high- and highest-resource areas (87 percent of the proposed housing units) in Lodi, in part due to the availability of large and vacant and underutilized parcels in these areas.
Goals, Policies, and Actions
Table 89 shown in the draft Housing Element summarizes the policies and programs required by State Law to demonstrate the City’s commitment to affirmatively further fair housing as part of the Housing Element Update process. Those goals and policies include:
• Updates to the City’s website
• Partnering with local organizations to distribute information
• Coordination with San Joaquin Fair Housing
• Fair Housing services and education
• Annual review of outreach methods
• Implementation of ADU programs
• Study of transit needs to higher need areas
• Small-scale placemaking projects
• Prioritize capital improvement projects in high need areas
Evaluation of Past Progress
Pursuant to State Law draft Housing Element Appendix A summarized the implementation status of Goals, Policies and Programs from the City’s 5th Cycle Housing Element Update.
Community Engagement
Consistent with State Law, the City has conducted ongoing community outreach efforts throughout the 6th Cycle Housing Element Update process. These efforts, inclusive of Planning Commission, City Council, etc. held prior to today are summarized within Section 1 of the draft Housing Element.
Review Process
On November 2, 2023, the City submitted the draft Housing Element to HCD for a mandatory 90-day review. On January 29, 2024, the City received HCD’s letter of substantial compliance regarding the Element’s compliance with state law included as Attachment A. The letter included zero outstanding findings needing to be addressed by the City, a major seal of approval from the state for the City’s draft housing plan. The City worked with HCD over the 90-day review period to revise the Housing Element and ensure it met all statutory requirements before moving forward for official adoption by the City.
After Planning Commission, the plan will continue on in the process, with City Council considering adoption at its regular meeting on March 20th, before being sent to HCD a second time for official certification.
rEQUIRED FINDINGS FOR APPROVAL
A General Plan amendment (GPA) may only occur when the City determines that the amendment request complies with the General Plan amendment findings in LMC Section 17.72.070.A. Based on Staff’s review of the Project, Staff recommends City Council make the required findings, as recommended by Planning Commission, in accordance with LMC Section 17.72.070.A, to approve the requested General Plan Amendment of the Housing Element. The required findings and Staff’s recommended findings are as follows:
1. The proposed amendment is internally consistent with the general plan. Comment: The General Plan comprises an integrated, internally consistent, and compatible statement of policies governing land use in the city. The proposed GPA directly affects the Housing Element by entirely replacing the existing 5th Cycle Housing Element. The most important aspect of consistency among general plan elements is that policies and implementation measures do not conflict but support one another to achieve the overall goals and vision of a general plan. In preparing the 2023-2031 Housing Element, the City reviewed goals and policies in the various elements of the General Plan. With the passage of SB 1035 in 2018, the City will need to update its Safety Element to include any new information on fire hazards, flood hazards, and climate adaptation and resiliency strategies. In coordination with the Housing Element Update, the City is undertaking updates to the Safety Element, Conservation Element, and Environmental Justice Element for internal consistency and compliance with State law. Consistency with the remaining components of the General Plan have been achieved through the adoption of complementary policies in each of the elements that support the goals and policies of the other elements.
2. The proposed amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the city. Comment: The proposed GPA to adopt the 6th Cycle Housing Element is consistent with the provisions of the General Plan. The land use designation changes identified in the 6th Cycle Housing Element are all allowed. The 6th Cycle Housing Element Update is reasonably related to the public health, safety and welfare because it guides and accommodates land uses and housing in accordance with regional and local population growth projections and the housing needs of all economic segments of the community.
3. The site is physically suitable (including absence of physical constraints, access, compatibility with adjoining land uses, and provision of utilities) for the requested/anticipated land use development. Comment: The proposed land use designation changes identified in the 6th Cycle Housing Element are physically suitable in that the Housing Element Update is consistent with state law and General Plan Guidelines, and accommodates land uses and housing through appropriate zoning and General Plan Land Use map amendments, to be brought forward at another date in the future.
4. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA), and the Lodi Environmental Review Guidelines. Comment: The Planning Commission and City Council of the City of Lodi, in accordance with the California Environmental Quality Act (CEQA), has found the 6th Cycle Housing Element update is covered by the common sense CEQA exemption (CEQA Guidelines Section 15061[b][3]) which provides that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Since no development project or other physical change to the environment would be approved by the adoption of the Housing Element, it can be seen with certainty that there is no possibility that Housing Element adoption may have a significant effect on the environment, and therefore is not subject to CEQA. Any proposed future amendments to City zoning regulations and the General Plan Land Use Element pursuant to State housing law, as well as future housing development projects, will be subject to additional review and appropriate documentation pursuant to CEQA.
Further, pursuant to CEQA Guidelines Sections 15162 and 15163, none of the circumstances necessitating further CEQA review or preparation of a new EIR are present with respect to the proposed changes to the General Plan Land Use Diagram and Zoning Map Pursuant to the requirements of CEQA, the action to submit the Draft 2023-2031 Housing Element to HCD for review is exempt from CEQA pursuant to CEQA Guidelines Section 15262, as the project involves only feasibility or planning studies for possible future actions which have not been approved or adopted.
ENVIRONMENTAL ASSESSMENT
As stated above, the City has found the 6th Cycle Housing Element update is covered by the common sense CEQA exemption (CEQA Guidelines Section 15061[b][3]), and CEQA Guidelines Sections 15162 and 15163.
STRATEGIC VISION:
4. Housing. Complete Housing Element update to address all milestones within Goal 4.
FISCAL IMPACT:
Not applicable.
FUNDING AVAILABLE:
Not applicable.