Clayton

Program L1: Energy Conservation

Continue to provide energy conservation brochures at City Hall, at the Clayton Community Library, and on the City’s website.

This program will be implemented on an ongoing basis throughout the planning period.

Program L3: Regional Programs

Continue to participate in home energy and water efficiency improvement financing opportunities available through PACE programs, such as HERO, Figtree, and CaliforniaFirst.

This program will be implemented on an ongoing basis throughout the planning period.

Program J3: Fair Housing - Proactive Actions

[Abbreviated] Clayton is a high resource area; thus, any new housing built in the City will provide residents a quality living environment. To work toward improving housing access for all, the City will take the following actions: create a webpage as part of the City’s website that provides links to housing resources, including how to address fair housing complaints; continue to refer cases and questions to County agencies and their contractors for enforcement of prohibitions on discriminatory lending practices and violations of fair housing laws; continue to provide information to help increase awareness of fair housing protections by referral of people to fair housing workshops sponsored by the County; educate the public and promote public awareness of equal access to housing legislation through flyers at public buildings and on the City website, advise City leaders about fair housing issues and progress, and inform landlords of their legal responsibilities regarding fair housing; continue to participate in and implement the Analysis of Impediments to Fair Housing Choice for Contra Costa County; implement an accessibility policy; and ensure that all development applications are evaluated without prejudice to the proposed residents.

The Community Development / Housing / Housing Resources page of the City's website includes links to online resources of outside local and state agencies and nonprofit organizations that provide guidance to residents in understanding and identifying fair housing laws and protections, tenant/landlord rights and responsibilities, foreclosure assistance and social services. The City's website is updated regularly as additional resources are identified or existing resources are updated.

Program B2: Town Center Mixed Use

Amend the Town Center Specific Plan to allow for and encourage compact, creative types of housing, including live/work units, senior housing, efficiency apartments, and co-housing.

Amendments to the Town Center Specific Plan are anticipated to be drafted in a third phase of Zoning Code amendments related to the Housing Element, scheduled for 2024. During the reporting period, under existing allowances of the Specific Plan, the Planning Commission approved a Site Plan Review Permit request to convert vacant second floor office space in an existing two-story building, to six rental apartments at a density of 27 units per acre.

Program C: Adequate Sites

[Abbreviated] Undertake efforts to ensure that land use policies and regulations can support the City's RHNA of 570 units distributed among very low, low, moderate and above moderate income levels, including the following: • Comply with the Surplus Lands Act (SLA). • At such time that the City declares land surplus, the City will proactively seek out an affordable housing developer. • Continue to provide appropriate land use designations and maintain an inventory of suitable sites for residential development. • Establish a means to track all housing sites in the inventory to guard against no net loss of sites identified as suitable for lower-income housing development consistent with Government Code Section 65863. Maintain a priority list of sites for rezoning, if needed to guard against no net loss. • Provide technical assistance and information on available City-owned parcels for lower-income developments to private or non-profit housing providers. • Maintain a database of available housing sites and conduct targeted outreach to multifamily housing developers to promote private development and redevelopment efforts.

The City complies with the SLA in disposition of City-owned properties. No disposition of any City-owned sites occurred in 2023. City staff provides technical assistance to developers interested in constructing affordable and market-rate units as part of its ongoing response to customer service requests and site inquiries.

Program D2: Zoning Code Amendments

[Abbreviated] The Constraints analysis for this sixth cycle Housing Element identifies several Zoning Code amendment needed to address new state laws and remove potential constraints to development. In response, the City will adopt various amendments to the Zoning Code, including amendments to revise maximum building height in multifamily zone; revise lot area per unit standards to align with increased densities of General Plan residential land use designations; reduce side yard setbacks and open space requirements for multifamily residential zones; amend zoning regulations for low barrier navigation centers, residential care facilities, transitional and supportive housing and employee housing to comply with state law; streamline residential entitlement processes and extend the term of approval for development plan permits; and reduce off-street parking requirements for residential units. The City will also create written procedures for the SB 35 Streamlined Ministerial Approval Process.

Following the adoption of revised ADU regulations in April 2023 (see Program D1) , the City Council held a public hearing on December 19, 2023, on a second phase of amendments to the Zoning Code related to removal of constraints to housing development and site rezonings to increase allowable densities. (Those amendments were later adopted by the City Council on January 16, 2024.) The second phase of Zoning Code amendments rezoned certain properties to increase densities or allow residential development on housing opportunity sites in the City's Housing Element sites inventory; relaxed certain development standards for residential projects (building height, setbacks, distances between buildings, minimum lot area per unit for multifamily housing types); established standards for maximum lot area per unit to ensure construction of minimum residential densities in the General Plan; reduced off-street parking requirements for all residential land uses; removed City Council discretion from the Development Plan entitlement process; extended the term of approval for Development Plan permits; and amended the Density Bonus Ordinance to incorporate State law by reference to ensure ongoing compliance of local regulations with California statute, as may be amended from time to time. Future phases of Zoning Code amendments will update regulations for certain residential land uses to comply with State law.

Program E2: Mortgage Assistance

Seek funding to develop and implement a sustainable downpayment assistance program for first-time homebuyers by working with the County or by developing the City’s own program that can be used with the Mortgage Credit Certificate program, new inclusionary units, or alone.

This program will be implemented throughout the planning period as potential sources of funding are identified.

Program G1: Inclusionary Housing Monitoring

[Abbreviated] During the planning period, the City will consider revisiting the Affordable Housing Plan to lower the threshold for providing affordable units to fewer than 10 units. Recognizing the in-lieu fees often fall far short of the funds required to construct new unit, the City will also consider adjusting the in-lieu fees, as well as considering offering other options for construction of off-site housing, such as purchase of affordability covenants, rehabilitation of substandard existing units, and funding ADU production on other properties.

This program is scheduled for implementation by 2026.

Program H1: Funding Assistance

The City will seek funding under the federal Housing Opportunities for Persons with AIDS, California Child Care Facility Financing Program, and other state and federal programs designated specifically for special needs groups such as seniors, persons with disabilities, and persons at risk for homelessness. The City will aim to work with housing providers on at least one project serving a special needs group during the planning period. The City will continue to work with developers who cater to disabled and other special needs populations to develop a housing project in Clayton.

This program will be implemented on an ongoing basis throughout the planning period.

Program H2: Reasonable Accommodation

The City shall provide information on its website and continue to distribute public information brochures on reasonable accommodations for disabled persons and enforcement programs of the California Fair Employment and Housing Council. The City will establish a procedure for disabled persons or their representatives to request a reasonable accommodation from Zoning Code requirements, building codes, and land use regulations, policies, and procedures to provide disabled persons with an opportunity to use and enjoy housing equal to that of non-disabled persons.

The City's Reasonable Accommodations Ordinance was adopted in the 5th housing cycle and is codified in Clayton Municipal Code chapter 15.90 viewable online through the City website. Links to fair housing legislation and resources available through the Department of Rehabilitation and California Civil Rights Department have been added to the City website. City staff will include additional local resources on the City website and at public buildings in the City (Library, City Hall) as such resources are created or updated.

Program J2: Transparency in Decision-making

The City will provide information on proposed affordable housing projects to the public through the City’s public hearing process in the form of study sessions, public meetings, and when required, public hearings. Early notice and awareness will be provided via print and social media.

This program will be implemented on an ongoing basis throughout the planning period as development applications are submitted to the City for review.

Program B1: Accessory Dwelling Units

[Abbreviated] Increase the number of accessory dwelling units (ADUs) by pursuing the following initiatives, with the goal of facilitating development of at least 10 ADUs annually. • Publicize information in the general application packet and posting information on the City’s website. • Create a preapproved set of standard construction plans for several types of ADUs that property owners can uses to reduce planning and building permit plan check costs. • Provide incentives for developers of new housing to use ADUs to meet the City’s inclusionary housing requirements.

The City worked with a consultant to develop 6 pre-reviewed ADU plans ranging from studio to two-bedroom/two-bathroom units. As of December 31, 2023, the plans were undergoing a subsequent round of plan check by the Contra Costa County Building Department but are anticipated to be available to residents within the first quarter of 2024. A handout summarizing the City's ADU regulations is available to the public at the Community Development Department at City Hall. A comprehensive update of the City website is anticipated to be completed by the first quarter of 2024 and will include a digital version of the handout. To date, two developers of approved/built residential projects and a third developer of a pending residential project have opted to include ADUs in their projects to meeting inclusionary requirements of the Zoning Code.

Program A1: Code Enforcement

[Abbreviated] Preserve the existing housing stock in good condition through ongoing inspection services to review code violations on a complaint basis; working with neighborhood organizations and other groups to create programs that recognize homeowners for exemplary property maintenance; and creating an ADU amnesty program that allows owners of illegally converted garages, detached accessory structures, and attached accessory living quarters to convert those units to units that comply with the building code and ADU ordinance.

Code Enforcement is an ongoing program of the City. During calendar year 2023, City staff opened 37 cases based on complaints of maintenance at residential properties. Of those cases, 31 were closed within the year.

Program F1: Town Center Specific Plan Amendment

The City will amend the Specific Plan to identify housing opportunity sites at a density of up to 30 units per acre and that allow ground-floor residential uses under defined circumstances. The City will promote development opportunities in the Town Center, circulate a development handbook that describes the permitting process for mixed-use and residential projects, and offer incentives such as streamlined processing and additional density bonuses to incentivize such projects. The City will aim to facilitate the development of at least one mixed-use or 100 percent residential project within the planning period.

This program is scheduled for implementation in 2024. During the reporting period, under existing allowances of the Specific Plan, the Planning Commission approved a Site Plan Review Permit request to convert vacant second floor office space in an existing two-story building, to six rental apartments at a density of 27 units per acre.

Program H4: Expedited Processing

Give priority to development projects that include a component for special needs groups (including the elderly, disabled, large families, the homeless, students, and transitional foster youth) in addition to other lower-income households. Priority will consist of advancing applications for review ahead of development applications not addressing special needs households. Implement priority based on community needs to ensure adequate housing for all residents within special needs groups.

This program will be implemented on an ongoing basis throughout the planning period as development applications are submitted to the City for review.

Program J1: Fair Housing - Local Practices

Review the Zoning Ordinance, policies, and practices to ensure compliance with fair housing laws.

During calendar year 2023, City staff did not identify conflicts between existing zoning regulations or land use policies and fair housing laws. Continued review of regulations and amendments as needed will occur throughout the planning period.

Program E1: Mortgage Programs

Continue to refer interested persons to information regarding Contra Costa County’s Mortgage Credit Certificate Program, Mortgage Revenue Bond Program, Owner-Occupied Housing Rehabilitation Program, and other programs the County may offer over time.

City staff updates links to outside agency resources on an ongoing basis as resources are identified. During this reporting year, no funds were available via the County Mortgage Credit Certificate Program. According to the HCD website, funds in the HCD Owner-Occupied Housing Rehabilitation Program were held for eligible households in counties affected by 2020 federally-declared disaster wildfires, which did not include Contra Costa County.

Program I1: Affordable Housing Preservation - Monitor and Provide Options

[Abbreviated] The Stranahan subdivision includes five units that have affordability covenants expiring during the planning cycle, in 2025 and 2026. The City has no financial resources available to preserve these units’ affordability, and affordable housing organizations would have to compete to buy the units to maintain their affordability covenants and would have to subsidize housing costs if a unit were sold or rented or moderate- or lower-income households. To keep these units as affordable units, the City will: notify affordable housing providers of potential affordable units for sale before covenants expire to allow providers time to negotiate with homeowners; send letters to property owners of units at risk of expiring covenants, encouraging owners to allow affordable housing providers to purchase the units; amend Chapter 17.92 (Inclusionary Housing Requirements) to allow purchase of these units and extending the affordability covenants as a means of satisfying inclusionary housing goals.

No affordable units had covenants that were scheduled to expire during the reporting period. This program will be implemented throughout the planning cycle as units with affordable covenants approach the end of their term of affordability.

Program K: Replacement Policy

For any proposed housing development that involves the demolition or other removal of existing residential units, Government Code section 65915(c)(3) requires that the City have a replacement policy for any removed units that are subject to a recorded covenant, ordinance, or law that limits occupation of those units to lower- or very low-income households. The City will adopt such a policy to comply with state law.

The City is in the process of drafting the policy for City Council adoption.

Program L2: Stretch Program

Review and consider possible amendments to the General Plan, Zoning Code, and related policy and regulatory documents to improve energy conservation beyond CalGreen standards. Consider establishing an incentivized residential green building program to encourage energy-efficient retrofitting, and the use of renewable energy in residential applications. Some of the incentives the City will consider when drafting this program will be: • Providing eligible projects with building and plan check fee rebates (when financially feasible) • Achieving third-party green building certification • Renewable energy systems • Green roofs

This program has not been implemented yet and is scheduled for implementation by 2025.