Lafayette

Housing Element Status
In Progress
Rent Burden
35%
rent burdened
Affordable Housing Production
8%
affordable permits issued
Housing Policies and Programs
119
total policies
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Proposed Policies and Programs

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.

5th Cycle Programs and Policies

119
policies and programs

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.

Historic 2018 Policies and Programs Categorization

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.

Protect
2/11
Preserve
2/9
Produce
6/14
Prevent
1/8
Condominium Conversion Ordinance
Flexible Parking Requirements
General Fund Allocation
Inclusionary Housing Ordinance
Reduced Fees or Permit Waivers
Streamlined Permitting Process
Surplus Public Lands Act
Acquisition/Rehabiliation/Conversion
By-Right Strategies
Commercial Development Impact Fee
Form-Based Codes
Graduated Density Bonus
Homeowner Repair or Rehabilitation
Home Sharing Programs
Housing Development Impact Fee
Housing Overlay Zones
Implementation of SB743
In-Lieu Fees (Inclusionary Zoning)
Just Cause Eviction
Locally-Funded Homebuyer Assistance
Mobile Homes Conversion Ordinance
One-to-One Replacement
Preservation of Mobile Homes (Rent Stabilization Ordinance)
Rent Stabilization
SRO Preservation Ordinance
Tenant-Based Assistance
Lafayette's Recorded Housing Policies

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
1.1.a Capital Improvement Program
Identify which capital improvements are needed
On an annual basis, prepare Capital Improvement Plan.
Ongoing
6th cycle, 2023 to 2031
2023
10.4.a Annual Report
Prepare an annual report to the City Council and Planning Commission that describes the amount and type of housing activity correlated with an updated summary of the City's housing needs.
Annually, as part of the APR process.
Ongoing
6th cycle, 2023 to 2031
2023
10.1.a Code Enforcement
Continue the code enforcement program to encourage the rehabilitation and/or elimination of physically obsolete and substandard housing. Target: abate 8 units for code violations resultign in conservation of units over the planning period
In 2023, the City investigated 137 building, zoning, and/or property violations
Ongoing
6th cycle, 2023 to 2031
2023
6.1.e Multifamily Lot Consolidation Fee Waiver
Streamline the process for lot consolidation to promote the production of housing in Lafayette. Several recent residential developments have already combined smaller parcels to create a more developable lot. To further incentivize the consolidation of lots, the City will waive lot merger processing fees for multifamily housing developments.
Ongoing as projects are submitted
Ongoing
6th cycle, 2023 to 2031
2023
6.2.d Retention of affordable units: Housing rehabilitation
articipate in Contra Costa County’s housing rehabilitation program and publicize the availability of the County’s low-interest loan programs for lower- income seniors and other households. The City will coordinate with County staff to confirm program requirements and eligibility annually. The City will advertise the program on the City’s website and in its newsletters. The City will also distribute information on the program in areas of concentrated rehabilitation need or senior households, where need for the program may be greatest.
Bi-annual basis. Target: refer 24 households to the County’s rehabilitation programs over the planning period.
Ongoing
6th cycle, 2023 to 2031
2023
6.1.h support affordable housing development
Work with housing developers to expand opportunities for affordable lower-income housing for special-needs groups, including persons with physical and developmental disabilities, female-headed households, large families, extremely low-income households, and persons experiencing homelessness by creating partnerships, providing incentives, and pursuing funding opportunities.
Ongoing, as projects are processed by the City. Annually apply for funding and annually engage with the Regional Center of the East Bay and public and/or private sponsors.
Ongoing
6th cycle, 2023 to 2031
2023
6.3.b Accessory Dwelling Unit monitoring
Review and update the existing Accessory Dwelling Unit Ordinance for conformance with regulatory updates. In addition, the City will monitor permitted ADUs and affordability every other year and take appropriate action, including adjusting assumptions or rezoning within one year if sites inventory is negatively impacted to ensure compliance with no net loss provisions
Beginning in Q1 2024, review permitting data for the prior year, making adjustments to the sites inventory accordingly. If needed, prepare recommended rezonings or other adjustments for PC consideration in Q3, with CC approval in Q4. Implement changes in Q1 the following year. Make these adjustments every two years, as needed. Completed. Review of data show that ADU applications, entitlement, and permitting are on track with projections in the Housing Element Opportunity Sites Inventory.
Ongoing
6th cycle, 2023 to 2031
2023
7.2.a Resources for Housing for Special Populations
The City will review and update its current website with the goal of improving navigation of the site and making more information available on the City’s website. The update will create and publicize a list of federal, state, regional, and local community assistance programs that may be available to residents, dependent on certain qualification criteria. The City will periodically update this list to ensure information is up-to-dateand promote access to housing and community assistance programs, particularly to the City’s elderly and other special needs populations(disabled/developmentally disabled, large households, female-headed households, homeless, and students).
Update the website every two years, in Q4, beginning in 2023. Completed the initial round of website updates and will continue to do so as needed and review on the prescribed schedule.
Ongoing
6th cycle, 2023 to 2031
2023
3.1.a CEQA process
Ongoing project-level review of new housing developments under the California Environmental Quality Act. The City shall follow CEQA proedures to expedite permit processing for all development.
Ongoing as projects are submitted. Most infill projects receive categorical exemptions from CEQA
Ongoing
6th cycle, 2023 to 2031
2023
4.1.a Equal Housing Opportunity
Support the investigation and disposition of housing discrimination complaints. Work with service providers to ensure information is disseminated to the community.
Annually, as part of the APR process
Ongoing
6th cycle, 2023 to 2031
2023
6.2.a Data Collection for SB 330 Housing replacement
This program will track compliance with SB 330 regulations for every project proposing unit demolition. Obtain information related to the following and require one-for-one replacement when required: 1.) The number of existing residential units proposed to be demolished or converted; and 2.) The number of these residential units by bedroom count occupied within the last five years by persons and families of low or moderate income, which would be required for replacement.
Draft templates for requesting required information in Q1 2023 and implement in Q2 2023. In progress.
Ongoing
6th cycle, 2023 to 2031
2023
1.2.b Special Tax Districts
Study what tax districts would work best in Lafayette and how to implement
Hire consultant in Q1 2029 to conduct study of special tax districts' applicability to Lafayette. Bring recommendations to the CC in Q1 of 2030, with the CC taking action on the recommendation in Q3 of 2030, with implementation by Q1 of 2031
2031
6th cycle, 2023 to 2031
2023
3.1.b Electrification for New Residential Construction
Review efforts by other Contra Costa jurisdictions that have instituted additional energy efficiency standards and consider implementation of similar requirements in Lafayette
In progress - in 2023, the Environmental Task Force of Lafayette reviewed the County's and other cities' efforts toward electrification but due to a 9th circuit court decision reversing a similar requirement in Berkeley, the study is currently on hold.
2024
6th cycle, 2023 to 2031
2023
AFFH Action 2.3: Rezone Faith Based Organization sites to provide housing on site, especially that which is affordable
Rezone Faith Based Organization sites to allow development of lower income housing on site at a density of 35 du/acre, mirroring affordability requirements of SB 4 and developing additional incentives to encourage use. Extend objective standards to these sites. The City will conduct outreach, education, assistance with entitlements and facilitate partnerships with nonprofit developers.
Prepare recommendations for program components to PC/CC in Q1 2024; implement in Q2 2024 Evaluate the effectiveness of the program in 2027. Action on this program is delayed; staff is dedicating time and energy to further revising the Housing Element Update to gain certification from HCD.
2024
6th cycle, 2023 to 2031
2023
AFFH Action 2.7: Incentivize developers to provide a range of unit sizes to provide more “affordable by design” units
Develop incentives to obtain more units in a diversity of sizes. Obtain commitments in 5 housing developments of 20 units or more to ensure a diversity of units
Prepare proposal to PC in Q4 2026; make recommendations on rezoning proposal to PC in Q1 2027; bring recommendation to CC in Q3 2027; implement program in Q1 2028
2028
6th cycle, 2023 to 2031
2023
6.1.a Conditions of Approval for Multifamily Housing
Develop Conditions of Approval for new multifamily residential development to include conditions that include, but are not limited to, the following: 1.) An ongoing condition to require all developers creating affordable housing with deed restrictions to include language in agreements with the City permitting persons and households eligible for HUD Section 8 rental assistance or Housing Voucher Folders to apply for below-market-rate units consistent with Federal Fair Housing regulations; 2.) Deferral of development fees to certificate of occupancy for projects including 15% or more affordable units to reduce overall development costs; 3.) The owner/applicant will provide documentation the tenant was offered first right of refusal pursuant to SB 330 provisions prior to issuance of a building permit.
Prepare conditions in Q3 2023 and begin implementation in Q4 2023. Provide conditions as informational item to PC and CC in Q4 2023 for approval. Action on this program is delayed; staff is dedicating time and energy to further revising the Housing Element Update to gain certification from HCD.
2023
6th cycle, 2023 to 2031
2023
6.1.i facilitate development of the DeSilva South site
coordinate with the property owner and provide assistance and incentives as needed to facilitate the creation of the appropriate parcel configuration and encouraging affordability to lower income households.
Beginning in Q2 of 2024, conduct outreach to the property owner regarding mechanisms for subdividing the larger parcel and outlining options for housing development; bring proposals for redevelopment to the PC in Q4 2025 and CC in Q1 2026 for approval. The City is engaged in ongoing conversations with the property owner. Development planning will begin following HCD's certification of the City's Housing Element, provided that the property owner is interested in pursuing a project at this time, considering external factors like interest rates, construction costs, sales prices, demand, etc.
2026
6th cycle, 2023 to 2031
2023
7.1.a Senior Housing
Collaborate with the Lafayette Senior Services Commission and the Lamorinda Village to develop an outreach program to build awareness of age-friendly housing options and services, which may include Accessory Dwelling Units, home sharing, downsizing, Universal Design standards, and more.
In Q2 2028, begin collaboration with interested parties to develop program ideas. Implement programs in Q4 2028
2029
6th cycle, 2023 to 2031
2023
7.1.g reasonable accommodation
To approve a Reasonable Accommodation request for housing for persons with disabilities, the Zoning Code requires findings be made that no detrimental impacts would result aesthetically, or to surrounding uses, properties, or structures. Some of these findings are considered subjective. The City will revise the Zoning Code to include only objective findings that can provide certainty in outcomes.
Beginning in Q4 of 2023, prepare amendments to the Zoning Code. Bring to the PC in Q2 2024, and to the CC in Q3 of 2024. Implement in Q4 2024. Action on this program is delayed; staff is dedicating time and energy to further revising the Housing Element Update to gain certification from HCD.
2024
6th cycle, 2023 to 2031
2023
10.3.b BART Transit-oriented Development Work Plan
The City will continue to take actions necessary to ensure ongoing dialogue with BART staff for future development on the BART sites.
The BART sites are no longer in the inventory, therefore no specific actions are reported here. However, the item remains in the Housing Element implementation plan for staff tracking.
2030
6th cycle, 2023 to 2031
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