Housing Element Completeness Checklist

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The purpose of this completeness checklist is to assist local governments in the preparation of their housing element. It includes the statutory requirements of Government Code section 65580 – 65588. Completion of this checklist is not an indication of statutory compliance but is intended to provide a check to ensure that relevant requirements are included in the housing element prior to submittal to the Department of Housing and Community Development pursuant to Government Code section 65585(b). For purposes of the Checklist the term “analysis” is defined as a description and evaluation of specific needs, characteristics, and resources available to address identified needs.

For technical assistance on each section visit California Housing and Community Development Building Blocks Technical Assistance (https://www.hcd.ca.gov/communitydevelopment/building-blocks/index.shtml)

Government Code section 65583, subdivision (c)(8)

Description of Requirement Page Number Description of the diligent efforts the jurisdiction made to include all economic segments of the community and/or their representatives in the development and update of the housing element Summary of the public input received and a description of how it will be considered and incorporated into the housing element.

Description of Requirement Page Number Progress in implementation – A description of the actual results or outcomes of the previous element’s goals, objectives, policies, and programs (e.g. what happened). Effectiveness of the element – For each program, include an analysis comparing the differences between what was projected or planned in the element and what was achieved. Appropriateness of goals, objectives, policies, and programs –A description of how the goals, objectives, policies, and programs in the updated element are being changed or adjusted to incorporate what has been learned from the results of the previous element. (e.g. continued, modified, or deleted.) Special needs populations – Provide a description of how past programs were effective in addressing the housing needs of the special populations. This analysis can be done as part of describing the effectiveness of the program pursuant to (2) if the jurisdiction has multiple programs to specifically address housing needs of special needs populations or if specific programs were not included, provide a summary of the cumulative results of the programs in addressing the housing need terms of units or services by special need group. AB 1233 – Shortfall of sites from the 5[th] cycle planning period – Failure to implement rezoning required due to a shortfall of adequate sites to accommodate the 5th cycle planning period RHNA for lower-income households triggers the provisions of Government Code section 65584.09.

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For information on how to credit reductions to RHNA See “Housing Element Sites Inventory Guidebook” at HCD’s technical assistance memos (https://www.hcd.ca.gov/communitydevelopment/housing-element/housing-element-memos.shtml)

Government Code section 65583, subdivision (a)(7)

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Description of Requirement Page Number Does the element describe and incorporate meaningful engagement that represents all segments of the community into the development of the housing element, including goals and actions?

Description of Requirement Page Number Does the element include a summary of fair housing enforcement and capacity in the jurisdiction? The element must include an analysis of these four areas: Integration and segregation patterns and trends Racially or ethnically concentrated areas of poverty Disparities in access to opportunity Disproportionate housing needs within the jurisdiction, including displacement risk Each analysis should include these components: Local: Review and analysis of data at a local level Regional impact; Analysis of local data as it compares on a regional level Trends and patterns: Review of data to identify trends and patterns over time Other relevant factors, including other local data and knowledge Conclusion and findings with a summary of fair housing issues

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Description of Requirement Page Number Did the element identify, evaluate, and prioritize the contributing factors to fair housing issues?

Description of Requirement Page Number Did the element identify, goals and actions based on the identified and prioritized contributing factors? Do goals and actions address mobility enhancement, new housing choices and affordability in high opportunity areas, place-based strategies for preservation and revitalization, displacement protection and other program areas? Programs must include the following components: Actions must be significant, meaningful and sufficient to overcome identified patterns of segregation and affirmatively further fair housing. Metrics and milestones for evaluating progress on programs/actions and fair housing results.

See Preserving Existing Affordable Housing (https://www.hcd.ca.gov/policyresearch/preserving-existing-affordable-housing.shtml)

Description of Requirement Page Number Provide an inventory of units at-risk of conversion from affordable to market-rate rents within 10 years of the beginning of the planning period. The inventory must list each development by project name and address, the type of governmental assistance received, the earliest possible date of change from low-income use, and the total number of elderly and nonelderly units that could ’ be lost from the locality s low-income housing stock in each year. Provide an estimate and comparison of replacement costs vs. preservation costs Identify qualified entities to acquire and manage affordable housing Identify potential funding sources to preserve affordable housing

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See “Accessory Dwelling Unit Handbook” at HCD’s Accessory Dwelling Unit Assistance page (https://www.hcd.ca.gov/policy-research/accessorydwellingunits.shtml)

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Description of Requirement Page
Number
Land use controls (e.g. parking, lot coverage, heights, unit size requirements,
open space requirements, Accessory Dwelling Unit (ADU) requirements, floor
area ratios, growth controls (e.g., caps on units or population or voter approval
requirements, conformance with the requirements of SB 330), inclusionary
requirements, consistency with State Density Bonus Law and Housing
Accountability Act, and consistency with zoning and development standard
website publication and transparency requirements pursuant to Gov. Code §
65940.1 subd. (a)(1)(B)).
Local processing and permit procedures (e.g., typical processing times, permit
types/requirements by housing type and zone, decision making criteria/findings,
design/site/architectural review process and findings, description of standards
[objective/subjective], planned development process). Element should also
describe whether the jurisdiction has a process to accommodate SB 35
streamline applications and by-right applications for permanent supportive
housing and navigation centers.
Building codes and their enforcement (e.g., current application of the California
Building Code, any local amendments, and local code enforcement process and
programs)
On and Off-Site improvement requirements (e.g., street widths, curbing
requirements)
Fees and other exactions (e.g., list all fees regardless of entity collecting the fee,
analyze all planning and impact fees for both single family and multifamily
development, provided typical totals and proration to total development costs per
square foot, and consistency with fee website publication and transparency
requirements pursuant to Gov. Code § 65940.1 subd. (a)(1)(A)).
Housing for persons with disabilities (e.g. definition of family, concentrating/siting
requirements for group homes, reasonable accommodation procedures,
application of building codes and ADA requirements, zoning for group homes
and community care facilities)
Analysis of locally-adopted ordinances that directly impact the cost and supply of
-
housing (e.g. inclusionary ordinance, short term rental ordinance)
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Provide an analysis of zoning and availability of sites for a variety of housing types including the following:

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See “Housing Element Sites Inventory Guidebook” and “Default Density Standard Option” at HCD’s technical assistance memos (https://www.hcd.ca.gov/communitydevelopment/housing-element/housing-element-memos.shtml)

See Site Inventory Form (https://www.hcd.ca.gov/community-development/housingelement/docs/Site_inventory_template09022020.xlsm) and Site Inventory Form Instructions (https://www.hcd.ca.gov/community-development/housingelement/docs/Site_inventory_instructions.pdf)

– Site Inventory The site inventory must be prepared using the form adopted by HCD. A electronic copy of the site inventory is due at the time the adopted housing element is submitted to HCD for review and can be sent to siteinventory@hcd.ca.gov.

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Description of Requirement Page
Number
Capacity : Describe the methodology used in quantifying the number of units
that can be accommodated on each APN:
•
If development is required to meet a minimum density, identify the minimum
density, or;
•
Describe the methodology used to determine realistic capacity accounting for
land use controls and site improvement requirements, typical density trends
for projects of similar affordability, and current or planned infrastructure.
•
For sites with zones allowing non-residential uses, demonstrate the
likelihood of residential development
Infrastructure : Existing or planned infrastructure to accommodate the regional
housing need, including water, sewer and dry utilities
Small and large sites : Sites identified to accommodate lower RHNA that are
less than one-half acre or larger than 10 acres require analysis to establish they
are adequate to accommodate the development of affordable units.
Affirmatively Furthering Fair Housing : Identified sites throughout the community
that affirmatively furthers fair housing (see page 5 of checklist)
Nonvacant Sites Analysis : For nonvacant sites, demonstrate the potential and
likelihood of additional development within the planning period based on extent
to which existing uses may constitute an impediment to additional residential
development, past experience with converting existing uses to higher density
residential development, current market demand for the existing use, any
existing leases or other contracts that would perpetuate the existing use or
prevent redevelopment of the site for additional residential development,
development trends, market conditions, and regulatory or other incentives or
standards to encourage additional residential development on these sites
If nonvacant sites accommodate 50 percent or more of the lower-income
RHNA, demonstrate the existing use is not an impediment to additional
development and will likely discontinue in the planning period, including adopted
findings based on substantial evidence.
Nonvacant sites that include residential units (either existing or demolished) that
are/were occupied by, or subject to, affordability agreements for lower-income
households within 5 years are subject to a housing replacement program. (Gov.
Code § 65583.2 subd. (g)(3))
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Please note: This checklist does not include new requirements related to zoning for sites accommodating the moderate and above moderate income pursuant to AB 725, statutes of 2020 as this requirement is not enacted until 2022.

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Also see Technical Advisories issued by the Governor’s Office of Planning and Research at: New state legislation related to General Plans Appendix C

(http://opr.ca.gov/docs/OPR_Appendix_C_final.pdf) and Fire Hazard Planning General Plan Technical Advice Series (http://opr.ca.gov/docs/Final_6.26.15.pdf)

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For adequate site programs See “Housing Element Sites Inventory Guidebook” at HCD’s technical assistance memos (https://www.hcd.ca.gov/community-development/housingelement/housing-element-memos.shtml)

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Program Description Program numbers Page
number
Program(s) to provide adequate sites (large/small
sites, incentives for mixed use/nonvacant sites,
publicly owned sites, annexation, etc)
If required: Program to accommodate a shortfall
of adequate sites to accommodate the lower
RHNA. This program must meet the specific
criteria identified in Gov. Code § 65583.2 subd.
(h) and (i).
If required: Program to accommodate an
unaccommodated need from the previous
planning period pursuant to Gov code §
65584.09
If required: Program when vacant/nonvacant
sites to accommodate lower RHNA have been
identified in multiple housing elements, if
needed. (Gov. Code § 65583.2 subd. (c))
If required: Program to provide replacement
units when occupied by, or deed restricted to
lower-income households within the last 5 years,
if needed. (Gov. Code § 65583.2 subd. (g)(3))
Program(s) to assist in the development of housing to
accommodate extremely-low, very-low, low or
moderate-income households, including special
needs populations
Program to address governmental and
nongovernmental constraints to the maintenance,
improvement, and development of housing
Program(s) to conserve and improve the condition of
the existing affordable housing stock
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For an example table addressing this requirement visit California Housing and Community Development Building Blocks (https://www.hcd.ca.gov/community-development/buildingblocks/program-requirements/program-overview.shtml)

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