Housing policies and programs are the strategies and laws that cities and counties legally have at their disposal to produce more and preserve existing affordable housing, as well as protect existing residents from getting displaced from their homes and communities.
Local housing policies and programs, as part of a housing element, have significant impacts on a city or county reaching its affordable housing goals. Each additional housing policy has a significant impact on the residents who are most in need of affordable housing. However, the number of policies or programs that a jurisdiction includes in their housing element is not meant to imply how well a city or county is addressing local housing needs since the quality and impact of each will need to be determined as well. Policies and programs listed here from jurisdictions’ Housing Elements are intended to allow readers to review the text themselves and see if a city or county is doing all they can to reach their affordable housing goals.
To further policy innovation and local action, the Association of Bay Area Governments (ABAG) contacted all of the region's jurisdictions to track the adoption of key housing policies throughout the nine county Bay Area in four major categories Protect, Preserve, Produce, and Prevent. This data is from ABAG’s Policies and Program list and was last updated in 2018/2019.
The California Department of Housing and Community Development tracks all of the ongoing and completed programs from 2018 onward and can be seen in the table below.
YEAR | PROGRAM NAME | PROGRAM OBJECTIVE | STATUS | ACCOMPLISHED DATE | HOUSING CYCLE |
---|---|---|---|---|---|
2023 | Program H(E-2): Discourage large-scale condominium conversions. Maintain the existing zoning controls which prohibit conversion of residential rental projects with fewer than 21 units to condominiums. | Limit conversion of existing rental stock to condominiums to no more
than 10 units per year/80 units total. | City staff continues to review development projects to ensure conversions do not exceed numbers in column A. There were no condominium conversion proposals in 2023. | Ongoing | 6th cycle, 2023 to 2031 |
2023 | Program H(A-7): Lot Consolidation . The City will help facilitate lot consolidations to combine small residential lots (lots 0.5 acres or smaller) into larger developable lots by providing information on development opportunities and incentives for lot consolidation to accommodate affordable housing units available on the City’s website and discussing with interested developers. As developers/owners approach the City interested in lot consolidation and development on small lots for the development of affordable housing, the City will offer the following incentives:
Allow affordable projects to exceed the maximum height limits,
Lessen setbacks, and/or
Reduce parking requirements.
The City will also offset fees (when financially feasible) to developers who provide affordable housing. Additional incentives will be considered for affordable projects in higher-opportunity areas, such as the city’s west side, and implemented where feasible, to promote housing mobility for lower-income households. | Two lot consolidations per year. | The City's RHNA 6 Housing Element was adopted December 18, 2023. Staff is working to prepare lot consolidation incentives as part of the comprehensive Zoning Code Update and will offer them by the end of 2024. Staff will meet with local developers consistent with this timeline. | Identify incentives by December 2023, offer incentives by June 2024. Ongoing thereafter as projects are processed through the Planning Division. Annually meet with local developers to discuss development opportunities and incentives for lot consolidation. | 6th cycle, 2023 to 2031 |
2023 | Program H(A-4): Zero-Net-Loss of Housing Units. Require new housing developments that replace existing units to build equal to or more than the number of units previously on the site, in compliance with density regulations. | No loss of housing stock. | The City reviews each development applications and ensure that any residential redevelopments will not result in a net loss of units. No projects proposing redevelopment of existing residential units was received in 2023. | As development applications are reviewed. | 6th cycle, 2023 to 2031 |
2023 | Program H(A-5): Missing Middle Housing Units. Expand the applicability of the duplex overlay (SB 9) to the R-2 zoning district in addition to the R-1 district. Create a library of “pre-reviewed” duplex and small multiunit buildings to encourage development of smaller sites with greater number of units by streamlining permit processing for these unit types. Adopt a density bonus program for projects that include duplexes or rowhomes as part of a larger development. Focus efforts on the city’s west side of town to promote mobility. | 20 duplex units, 100 rowhome units | City staff is incorporating the aforementioned amendments to the R-2 zoning district and Density Bonus program as part of a comprehensive Zoning Code update to be completed by the end of 2024. | R-2 amendment and Density Bonus program within one year of Housing Element adoption. Library of pre-reviewed projects within three years of Housing Element Update. | 6th cycle, 2023 to 2031 |
2023 | Program H(C-3): Update of the commercial linkage fee. Update the commercial linkage fee that requires developers of employment-generating commercial and industrial developments to contribute to the supply of low- and moderate-income housing. Update the current fees through a nexus impact fee study or feasibility analysis to reflect changes in the commercial development market. | Update commercial linkage fee study twice during RHNA 6 cycle.
Generate in-lieu fees to contribute toward the creation of low and
moderate income housing. Reconvene Housing Opportunity,
Priorities and Education (HOPE) Community Advisory Committee
within one year of Housing Element adoption to prioritize how to
best distribute funds to produce affordable housing. Review uses
of commercial linkage fees annually as part of the Housing
Element Annual Progress Report (APR) | Work with the HOPE CAC was completed and City staff is implementing their recommendations with accrued commercial linkage fees, which are also being reviewed as part of this APR update. Staff will work to update the commerical linkage fee study by 2026 consistent with the timelines identified in column C. | Study was last updated
in 2022. Update at least
every four years to
reflect market
conditions | 6th cycle, 2023 to 2031 |
2023 | Program H(C-6): Faith-Based Development. To create housing mobility opportunities for lower-income households, conduct outreach to religious institutions to inform them of their development rights under SB 4 and encourage housing proposals. If no application for housing on a religious institution/faith-based site is received by December 2025, the City will expand outreach efforts to be conducted annually. This may include direct mailings to faith-based sites highlighting successful affordable housing units on other faith-based sites, as well as available City resources and programs to support such projects if available. Additional outreach focus will be given to religious institutions located on the city’s west side to promote housing mobility in this area. | Provide an average of 5 new affordable housing units per year on
sites owned by religious institutions | City staff is working with HEART for outreach to religious institutions by the end of 2024 and will pursue additional outreach as needed, pursuant to the timelines identified in column C. | Conduct initial
outreach within one
year of Housing
Element adoption and
additional outreach as
new legislation is
passed. If no
applications for
housing projects on
religious sites are
received by December
2025, conduct outreach
annually | 6th cycle, 2023 to 2031 |
2023 | Program H(C-6): Provide incentives for developers to build space for child care facilities or services as part of new residential, commercial and industrial developments. This can include but is not limited to: density bonuses, increases in floor area ratios, parking reductions, community benefits credits, traffic impact fee exemptions, expedited entitlements, or modifications to zoning regulations. Work with developers, where feasible, to incorporate child care that serves families of all incomes and children of all ages. Include child care facility space as a priority in Request for Proposals (RFPs) for city land or Notices of Funding Available (NOFAs) for affordable housing developments. Support inclusion of specially designed and located housing units in multifamily dwellings for licensed Family Child Care Home providers. | Provide child care service capacity for 50 children as part of new
residential projects. | City staff will incorporate recommendations for the inclusion of child care facilities in any developments that are proposed under Program H(A-2). | As projects are
reviewed | 6th cycle, 2023 to 2031 |
2023 | Program H(D-2): Improve livability of housing units for persons with disabilities.
a. Continue to follow the adopted Reasonable Accommodations Ordinance, which provides individuals with disabilities reasonable accommodation in rules, policies, practices and procedures that may be necessary to ensure equal access to housing by providing a process for individuals with disabilities to make requests for reasonable accommodation in regard to relief from the various land use, zoning, or building laws, rules, policies, practices and/or procedures of the City. This policy offers a process to modify certain development standards, such as lot coverage and setback requirements for ramps and landings added to residences and group homes in order to provide access for the disabled. The City will review and revise approval findings, specifically, “The requested reasonable accommodation would not adversely impact surrounding properties or uses” and will remove any processing fee associated with a reasonable accommodation request.
b. Amend the zoning code to include the definition of family to be “One or more persons living together in a dwelling unit, with common access to, and common use of all living, kitchen, and eating areas within the dwelling unit”.
c. Continue to allow supportive and transitional housing in residential and mixed use districts subject to the same restrictions that apply to other residential districts in the same zone.
d. Review and revise the zoning code to permit supportive housing by-right in multifamily zones and mixed use and nonresidential zones allowing multifamily, consistent with Government Code 65651 (AB 2162).
e. Review and revise the zoning code to allow for modifications for required parking for units occupied by supportive housing residents that are located within one-half mile of a public transit stop. (cont. in D39) | Provide 50 new Extremely Low Income housing units that are subject to
a preference for people with developmental disabilities | Staff will incorporate zoning code amendments described in column A as part of the comprehensive Zoning Code update by the end of 2024.
(cont. from D39)
f. Add specific definitions for group homes and amend land use provisions to all group homes of seven (7) or more persons only subject to those restrictions that apply to residential uses of the same type in the same zone.
g. Allow the conversion of single-family homes into assisted living facilities for the developmentally disabled.
h. Continue to allow persons with disabilities to request disabled parking curb markings in the single family residential areas.
i. Monitor progress towards a quantitative goal of 50 new Extremely Low Income housing units that are subject to a preference for people with developmental disabilities needing the coordinated services provided by Golden Gate Regional Center to live inclusively in affordable housing.
j. Encourage the inclusion of people with developmental and other disabilities in affordable housing by recognizing their transit dependence and establishing lower parking ratios for units targeted to people with developmental and other disabilities than would otherwise be required for affordable housing. |
Zoning code amendments Within one year after
adoption of the Housing
Element | 6th cycle, 2023 to 2031 |
2023 | Program H(E-3): Ensure affordability of existing units. Encourage use of available programs and housing funds to assist non-profit housing corporations in acquiring, rehabilitating and managing existing apartment units for long-term affordability. | Utilize funds to assist 40 existing units to achieve long term
affordability | Ad hoc hosuing committee preparing to issue an RFI/NOFA in 2024. City staff continues to monitor available privately-owned sites throughout the City and is partnering with HEART to encourage disbursement of funds accrued through commercial linkage fees to preserve existing affordable properties. | 5 units per year over 8
years | 6th cycle, 2023 to 2031 |
2023 | Program H(E-1): Housing Rehabilitation. Through regulations and/or financial assistance, encourage owners of residential buildings with known structural defects such as unreinforced garage openings, “soft story” construction, unbolted foundations, and inadequate sheer walls to take steps to remedy the problem by retrofitting buildings to meet current life-safety engineering standards. Conduct targeted outreach on any rehabilitation funding or programming to areas of the city with higher rates of renter cost burden annually after program launch to prevent displacement. | Retrofit five multifamily residential buildings per year. Assume 10
units per building average, for a total of 400 units | Work has not yet begun on this program but will be accomplished with identified timelines in column C. | Establish program within
two years of adoption of
the Housing Element.
Ongoing thereafter. | 6th cycle, 2023 to 2031 |
2023 | Program H(D-5): Provide local share of support for county-wide programs.
a. Continue financial contributions to agencies which provide service to the people experiencing homelessness in San Mateo County; continue to allow group facilities for people experiencing homelessness in conjunction with church facilities as a conditional use; continue to support financially and work with local and non-profit providers in San Mateo
b. Maintain the zoning code provisions that allow emergency shelters and low-barrier navigation centers by right in multiple zoning districts.
c. Amend the performance standards, specifically spacing requirements for emergency shelters in the Zoning Ordinance so that they are consistent with Government Code Section 65583(a)(4)(B).
d. Update the definition of emergency shelter to ensure it includes other interim interventions, including but not limited to, navigation centers, bridge housing, and respite or recuperative care.
e. Review parking standards to ensure standards accommodate all staff working in the emergency shelter, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone.
f. Maintain the zoning code provisions that allow transitional and supportive housing by right in all zone districts which allow residential uses only subject to those restrictions that apply to other residential uses of the same type in the same zone. | Continue financial support of County-wide programs.
Staff to continue to facilitate process necessary to provide such
services in the city. | Zoning code amendments will be completed by the end of 2024. | Programs have been
completed but will require
to be maintained and
amendended.
Amendments to the Zoning
Ordinance to address
requirements in
Government Code Section
65583(a)(4) will be
completed within one year
of adoption of the Housing
Element | 6th cycle, 2023 to 2031 |
2023 | Program H(B-3): Pursue environmental justice for underrepresented community groups most impacted by pollution. Develop and adopt an Environmental Justice Element to better comply with SB 1000 and provide guidance for achieving equitable outcomes across all sectors of the population. | Develop and adopt an Environmental Justice Element to better
comply with SB 1000 and provide guidance for achieving equitable
outcomes across all sectors of the population. | City staff is currently working with a consultant to draft the Element. Public workshops are anticipated to be held in March 2024, with the draft Element being reviewed by the end of 2024 and adopted in 2025. | Within one year of
Housing Element
adoption | 6th cycle, 2023 to 2031 |
2023 | Program H(A-10): Pursue Department of Housing and Community Development Prohousing Designation. Recognize the community’s commitment to housing by obtaining the Prohousing Designation under HCD’s Prohousing Designation Program. | At least 30 points per the Prohousing Designation checklist, with
greater objective to qualify for 40-50 points. | Work has been initiated. Anticipated application by the end of 2024 pursuant to the timeline outlined in column C. | Within one year of Housing Element Update | 6th cycle, 2023 to 2031 |
2023 | Program H(A-6): Use-By-Right Permitting for Sites Identified in Last Planning Cycle. Use-by-right approval of housing projects with at least 20 percent of units affordable to lower-income households is required on 1) nonvacant sites previously identified in the 5th cycle housing element, and 2) vacant sites previously identified for both the 5th and 4th cycle housing elements pursuant to AB 1397 (2017). The City’s sites subject to this provision are already zoned at the specific density set forth in the statute (i.e., default density of at least 20 units per acre) and rezoning of these sites is not required.
Upon adoption of the Housing Element and in compliance with state law, the City shall ensure sites identified for housing in the Suitable Sites Inventory in the 4th and 5th cycles allow use-by-right approval for housing developments pursuant to Government Code §65583.2(i) when 20 percent or more of the units are affordable to lower income households.
“Use-by-right” means that the City review is ministerial and therefore the project must not require a conditional use permit or other discretionary review or approval that would constitute a “project” as defined in CEQA. A local ordinance can provide that “use-by-right” does not exempt the use from design review, consistent with the Municipal Code mandate for design review, but the design review must be objective in accordance with Government Code §65589.5 (f). | 67 units (18 very low income units, 10 Low Income units, 25 Moderate Income units, 14 Above-Moderate Income, per the Sites Inventory) | Completed. | In effect immediately upon adoption of Housing Element. | 6th cycle, 2023 to 2031 |
2023 | Program H(B-6): Establish Streamlining and Incentives for Projects Proposing Affordable Units. The City shall establish actions for streamlining and simplifying the planning approval and building permit processes, including the design review process. The City shall work with housing developers and other stakeholders on to review current processes and fees to identify ways to reduce costs and streamline processes for development, including larger projects. | 100 units through a streamlined process. | City staff met with developers as part of the fee study identified in Program H(A-8) and will be implementing changes consistent with the results of the fee study by the end of 2024. | Meet with developers
and stakeholders by
the end of 2024, and
biennially thereafter.
Make modifications
within 6 months of each
meeting date. | 6th cycle, 2023 to 2031 |
2023 | Program H(C-1): Refer eligible employees to housing assistance programs. Promote newly available affordable units to staff of local agencies and employers as units become available; refer interested parties to the application portal; conduct regularly-scheduled orientations so interested parties can become familiar with opportunities and application processes. | Four orientation workshops per year. | The City continues to publish affordable housing resources for employees in designated areas at City Hall and advertises orientation workshops from the City's affordable housing consultant workshops in the eNews. | Continuous | 6th cycle, 2023 to 2031 |
2023 | Program H(B-2): Provide fair housing information on City
website. Provide summaries of fair housing contributing factors,
programs to address, and other information to affirmatively
further fair housing on City website. | Provide summaries of fair housing contributing factors, programs to
address, and other information to affirmatively further fair housing
on the City website. Update periodically as new legislation is
adopted or programs created. | City staff is working with HEART to summarize the information identifed in column B and will update the City's Housing Resources page to reflect a more comprehensive view of fair housing information. Appendix D of the Housing Element (Affirmatively Furthering Fair Housing) is currently viewable on the City's Housing Element webpage. | Within 1 year of HE adoption | 6th cycle, 2023 to 2031 |
2023 | Program H(A-8): Development Fee Evaluation. Update the application fees and Public Facilities Impact fees to provide better parity between housing types, and provide incentives for affordable housing developments. | Reduced application and impact fees for 1,360 Very Low and Low Income units | Staff is working with a consultant team to analyze how application fees and Public Facilities Impact Fees can be modified without discouraging housing development. This work is anticipated to be completed by Summer 2024 and will be adopted by the end of 2024. | Currently underway; adopt within one year of Housing Element Update. | 6th cycle, 2023 to 2031 |
2023 | Program H(A-9): Replacement of Expiring Below-Market Units. Provide top priority to residents of expiring below-market units to relocate to units comparable in size and rents in other Burlingame projects that include below-market units. Evaluate subsidizing an extension of the term of affordability for expiring units. | Tenant relocation and/or extension of affordability term of 11 Moderate Income units. Evaluate the feasibility of extending the affordability terms within one year of Housing Element adoption. | City staff is contracting with HEART to provide outreach to affected tenants as affordability terms expire. Staff has determined it is not feasible to extend the affordable terms of the expiring Moderate units. | Relocate tenants as affordability terms expire in 2024-2027. | 6th cycle, 2023 to 2031 |
2023 | Program H(B-5): Commit to reviewing and strengthening tenant protections with elected officials. During at least one public hearing, staff will review and strengthen tenant protections where possible with elected officials. Some examples include: increasing the time for tenant relocation payments from 1-3 months; extending just cause eviction protections to tenants regardless of tenure (rather than 1 or more years currently required by statute); etc. | Review and strengthen tenant protections with elected officials
within 2 years of Housing Element adoption. | City staff is evaluating a variety of options with technical assistance from an MTC-ABAG consultant helping jurisdictions to achieve compliance with their TOC Policy by 2026. Staff will hold the aforementioned public hearing consistent with the timeline identified in column C. | During at least one
public hearing within 2
years of Housing
Element adoption | 6th cycle, 2023 to 2031 |