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 |
|---|---|---|---|---|---|
| 2022 | Surplus Properties for Housing | Explore opportunities on surplus properties. | Continue to work with local public agencies, school districts, and churches to identify surplus properties that have the potential for residential development and encourage long-term land leases of properties from churches, school districts, and corporations for construction of affordable units. | Ongoing: 2014-2022 | 5th cycle, 2013 to 2022 |
| 2022 | Density Bonus Ordinance | Encourage the use of density bonuses and incentives for housing developments. | As of 2022, all priority sites identified in the 7th Cycle of the Housing Element have utilized density bonuses, incentives, waivers and/or reduction in parking standards. They have all been approved by the City between 2016-2022. | Ongoing: 2014-2022 | 5th cycle, 2013 to 2022 |
| 2022 | Extremely Low-Income Housing and Housing for Persons with Special Needs | Continue to encourage the development of adequate housing to meet the needs of extremely low-income households and person with special needs. | Continue to provide financing assistance using the BMR AHF and CDBG funds, allow residential developments to exceed planned density maximums for special needs housing, grant reductions in off-street parking, and partner with and/or support the funding application of qualified affordable housing developers for regional, state, and federal affordable housing funds. The City worked with developers and non-profit organizations to encourage the development of affordable housing opportunities regionally and in the City. In addition, the City participates in the bi-weekly Regional CDBG/Housing Coordinators meeting and provides technical assistance to the public service agencies it funds. The City also participates in the Santa Clara County HOME Consortium and the Santa Clara County Permanent Local Housing (PLHA) Consortium. As part of the City's FY 22-23 work program, the City is working with non-profits and developers to review the feasibility of residential uses on the Mary Avenue site with the goal of assisting with the development of affordable housing for developmentally disabled adults. In additon, the City is working with Santa Clara County to assist in the development of affordable housing for the special needs population on a Cupertino site. | Ongoing: 2014-2022 | 5th cycle, 2013 to 2022 |
| 2022 | Employee Housing | Permit employee housing in multiple zoning districts. | Continue to implement the City's zoning code to allow employee housing in multiple zoning districts. The Zoning Ordinance is regularly updated to comply with state law. | Ongoing: 2014-2022 | 5th cycle, 2013 to 2022 |
| 2022 | Supportive Services for Lower-Income Households and Persons with Special Needs | Continue to utilize the BMR AHF, CDBG, and General Fund Human Services Grants (HSG) funds to provide for a range of supportive services for lower-income households and persons with special needs. | In 2022, BMR AHF, CDBG, and HSG funds were provided to the following supportive services for lower-income households and persons with special needs:
•CDBG- $22,720.18 to Live Oak Adult Day Services, a senior adult day care
•CDBG- $40,391.42 to West Valley Community Services (WVCS) CARE Program, a community access to resource and education program
•HSG- $10,000 to Catholic Charities of Santa Clara County, a long-term care ombudsman program
•HSG- $25,000 to MAITRI, a transitional housing direct client services program
•HSG- $15,000 to Senior Adult Legal Assistance, a legal assistance to elders program •HSG- $65,780 to WVCS Haven to Home program, a supportive services and housing resources program for the homeless. | Ongoing: 2014-2022 | 5th cycle, 2013 to 2022 |
| 2022 | Heart of the City Specific Plan | Reduce constraints to housing development and ensure that the designated sites can obtain the realistic capacity shown in the Housing Element. | Completed in May 2015. All Housing Opportunity Sites identified in the 6th Cycle of the Housing Element have been issued all development approvals utilizing the City's Density Bonus Ordinance. | Ongoing: 2014-2022 | 5th cycle, 2013 to 2022 |
| 2022 | Rotating Homeless Shelter | Continue to support the operation of a rotating homeless shelter. | The City previously provided Faith in Action Rotating Shelter with space at City Hall to provide intake and registration for the community each night until it became non-operational in 2017. In 2022, the City partnered with the West Valley RSCP program. The RSCP program is an emergency homeless program made up of a network of local city governments, service organizations, and volunteer faith-based host sites that provide temporary overnight parking for homeless individuals/families living out of their cars. As part of the City's FY 21-22 and FY 22-23 work program, the City is developing a plan to assist unhoused individuals residing in Cupertino. | Ongoing: 2014-2022 | 5th cycle, 2013 to 2022 |
| 2022 | Housing Resources | Provide information on housing resources and services offered by the County and other outside agencies to Cupertino residents and developers interested in providing affordable housing. | Continue to provide information on housing resources and services including, but not limited to: • County Measure A Affordable Housing Bond
• County Mortgage Credit Certificate • County IDevelopmental Disability Funding
• Housing Trust Silicon Valley First-Time Homebuyer Assistance and Developer Loans
• Housing Authority Section 8 Vouchers • Destination: HOME Community Housing Fund
In addition, the City worked with non-profit organizations in providing programs and services for low-income households; and private industry, in particular financial and development groups, to encourage the development of affordable housing opportunities regionally and in the City. Staff provided technical assistance to the public service agencies it funded and attended the bi-weekly CDBG/Housing Coordinators meeting. In 2022, the City funded the Homeless Jobs Program for two Cupertino unhoused residents. As part of the City's FY 21-22 and FY 22-23 work program, the City is developing a plan to assist unhoused individuals residing in Cupertino. | Ongoing: 2014-2022 | 5th cycle, 2013 to 2022 |
| 2022 | Preservation of At-Risk Housing Units | Proactively contact the property owner of Beardon Drive, a housing project considered at risk of converting to market-rate housing, regarding its intent to remain or opt out of the affordable program. | In the event the project becomes at risk of converting to market-rate housing, the City will work with the property owner or other interested nonprofit housing providers to preserve the eight units. In 2019, the owner of Beardon Drive paid off the City's CDBG loan and indicated that the property would continue to operate as affordable housing. | Ongoing: 2014-2022 | 5th cycle, 2013 to 2022 |
| 2022 | Housing Preservation Program | Grant approval of proposed developments or redevelopments on if the project will comply with the City's BMR program, the number of units provided on site is at least equal to the number of existing units, and adverse impacts on displaced tenants (four or more units) are mitigated. | Continue to participate in studies of regional housing need and displacement and consider policies or programs to address the indirect displacement of low-income residents as appropriate. | Ongoing: 2014-2022 | 5th cycle, 2013 to 2022 |
| 2022 | Neighborhood and Community Clean-Up Campaigns | Continue to encourage and sponsor neighborhood and community clean-up campaigns for both public and private properties. | Continue to encourage and sponsor neighborhood and community clean-up campaigns for both public and private properties. The City promotes and/or staffs the following events available to the community: As required in the City’s solid waste Franchise Agreement with its hauler Recology, Recology provides quarterly drop off events for bulky items, construction and landscape waste. Recology also provides each residential customer with two on-call curbside bulky item collections; As required in the City’s solid waste Franchise Agreement with its hauler Recology, Recology provides quarterly drop off events for bulky items, construction and landscape waste. Recology also provides each residential customer with two on-call curbside bulky item collections; The City staffs two annual creek litter/trash clean up events- National River Clean Up Day and Coastal Clean Up Day; The City partners with and conducts outreach for the County’s Household Hazardous Waste program. | Ongoing: 2014-2022 | 5th cycle, 2013 to 2022 |
| 2022 | Enforcement of Title 24 | Continue to enforce Title 24 requirements for energy conservation and evaluate utilizing some of the other suggestions as identified in the Environmental Resources/Sustainability element. | Continue to enforce Title 24 requirements for energy conservation and evaluate utilizing some of the other suggestions as identified in the Environmental Resources/Sustainability element. In 2019, the City adopted REACH codes which will assist in achieving the City's sustainability goals. The City has Chapter 16.58 Green Building Standards Code that requires certain projects to achieve LEED certification or similar. In 2022, the City began enforcing Title 24 requirements for Substandard Housing: Respond to and address complaints involving substandard housing conditions, particularly those involving conditions which violate California Health and Safety Code sections 17920.3 and 17920.10. The City is committed to the prevention and elimination of blight and slum conditions. With the passing of AB 838, the City has the ability to provide additional health and safety services and thus ensure housing conditions remain standardized for its residency. | Ongoing: 2014-2022 | 5th cycle, 2013 to 2022 |
| 2022 | Flexible Development Standards | Encourage a range of housing options in the community. | Continue to offer flexible residential development standards in planned residential zoning districts and consider granting reductions in off-street parking for senior housing. The Westport Project (2020) and Marina Plaza project (2022) were approved with waivers, an incentive to development standards, and a reduction in parking standards. Both projects are located within the Heart of the City Specific Plan and on a Housing Element site. In 2022, Canyon Crossing, with 18 townhome and apartments, and Alan Row with 9 townhomes and a JADU, were both approved using density bonus. | Ongoing: 2014-2022 | 5th cycle, 2013 to 2022 |
| 2022 | Coordination with Outside Agencies and Organizations | Partner with outside agencies and organizations in addressing local and regional housing needs. | Continue to coordinate with school districts, housing providers, neighboring jurisdictions, ABAG, Air Quality Management District, Housing Trust Silicon Valley, Santa Clara County Fair Housing Consortium, Destination: Home, Santa Clara County HOME Consortium, Santa Clara County Continuum of Care, Housing Authority of Santa Clara County, and Valley Transportation Authority. The City participated in the following groups: Santa Clara County PLHA Consortium, Regional CDBG/Housing Coordinators, SV@Home, Non-Profit Housing of Northern CA, Housing CA, Grounded Solutions, US Department of Housing and Urban Development, among others. In 2022, the City provided referrals to COVID related funding sources and services. As part of the City's FY 21-22 and FY 22-23 work program, the City is developing a plan to assist unhoused individuals residing in Cupertino. | Ongoing: 2014-2022 | 5th cycle, 2013 to 2022 |
| 2022 | Land Use Policy and Zoning Provisions | Accommodate the Regional Housing Needs Allocation (RHNA). | Continue to provide adequate capacity through the Land Use Element and Zoning Ordinance to accommodate the RHNA allocation, monitor development standards, monitor sites inventory, and monitor development activity on Housing Opportunity Sites. City is currently working on the 6th Cycle of the Housing Element. | Ongoing: 2014-2022 | 5th cycle, 2013 to 2022 |
| 2022 | Residential Housing Mitigation Program | Continue to implement the Residential Housing Mitigation Program to mitigate the need for affordable housing created by new market-rate residential development. | Continue to implement the Residential Housing Mitigation Program. The Program applies to new residential development. Mitigation includes either the provision of BMR units or the payment of the "Housing Mitigation" fee. In 2020, the BMR Linkage Fees Update study was adopted by City Council, which included an increased requirement from 15-20% for inclusionary ownership projects. | Ongoing: 2014-2022 | 5th cycle, 2013 to 2022 |
| 2022 | Incentives for Affordable Housing Development | Continue to offer a range of incentives to facilitate the development of affordable housing. | Continue to offer a range of financial assistance through the City's BMR AHF and federal CDBG funds, partner with and support the funding application of qualified affordable housing developers for regional, state, and federal affordable housing funds, density bonus incentives, flexible development standards, technical assistance, waiver of park dedication fees and construction tax, parking ordinance waivers, and expedited permit processing. In 2022, CDBG funds were provided to the following to facilitate the development of affordable housing:
•$88,966 to Rebuilding Together Silicon Valley, a low-income housing repair and rehabilitation program
In addition, the City participates in the Regional CDBG/Housing Coordinators group and provides technical assistance to the public service agencies it funds. The City also participates in the Santa Clara County HOME Consortium and participates in the Santa Clara County Permanent Local Housing (PLHA) Consortium for the development of affordable housing. | Ongoing: 2014-2022 | 5th cycle, 2013 to 2022 |
| 2022 | Fair Housing Services | Continue to provide fair housing services, retain a fair housing service provider, coordinate efforts with the County Fair Housing Consortium, and distribute fair housing materials at public counters/events. | Continue to provide fair housing services including outreach, education, counseling, and investigation of fair housing complaints. In 2022, BMR AHF funds were provided to the following fair housing services:
•$50,000 to Project Sentinel, a landlord/tenant rental mediation program and fair housing program. | Ongoing: 2014-2022 | 5th cycle, 2013 to 2022 |
| 2022 | Office and Industrial Housing Mitigation Program | Continue to implement the Office and Industrial Housing Mitigation Program which requires that developers of office, commercial, and industrial space pay a mitigation fee which will then be used to support affordable housing in the City. | Continue to implement the Office and Industrial Housing Mitigation Program. Require developers of office, commercial, and industrial space pay a mitigation fee to support affordable housing. Mitigated fees are collected and deposited into the City's Below Market Rate (BMR) Affordable Housing Fund (AHF). | Ongoing: 2014-2022 | 5th cycle, 2013 to 2022 |
| 2022 | Residential Rehabilitation | Continue to utilize BMR AHF and CDBG funds to support residential rehabilitation efforts in the community. | Continue to utilize BMR AHF and CDBG funds to acquire/rehabilitate rental housing and rehabilitate owner occupied housing. In 2022, CDBG funds were provided to the following residential rehabilitation efforts:
•$88,966 to Rebuilding Together Silicon Valley, a low-income housing repair and rehabilitation program | Ongoing: 2014-2022 | 5th cycle, 2013 to 2022 |