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 5: Neighborhood Preservation and Code Enforcement | The City will continue to enhance neighborhood conditions by enforcing its existing codes through its
Code Enforcement Program. As needed, the City will assist any households displaced by code enforcement activities to relocate to
other suitable housing, affordable to the displaced households, through the Replacement/Relocation
Program | In 2023, the City continued implementing its Code Enforcement and supporting any households displaced. | Ongoing | 6th cycle, 2023 to 2031 |
| 2023 | Program 7: Tenant Assistance and Fair Housing Services | The City will continue to utilize the services of Project Sentinel (or other qualified nonprofits) to provide
fair housing outreach and assistance, landlord‐tenant mediation services, mortgage default counseling,
and referrals to other support services to Milpitas residents, landlords, and housing professionals. The City will also continue to promote rental assistance with the objective to assist 300 Milpitas residents, landlords, and housing professionals over the next eight years. | From January 2023 - December 2023, the City provided rent relief to 97 households. | Ongoing | 6th cycle, 2023 to 2031 |
| 2023 | Program 13: Mobile Home Rent Control | The City will continue to maintain and enforce its Mobile Park Home Rent Control Ordinance which regulates rental rates and the rights and responsibilities of tenants and property owners for the three mobile home parks in Milpitas. The City will continue to utilize the services of Project Sentinel (or a similar organization) to administer the rent mediation process. | The City will continue the implementation of the Rent Control Ordinance to preserve the affordability of the three mobile home park spaces.In FY2023, the City awarded Project Sentinel a total of $59,104 for Fair Housing. | Ongoing | 6th cycle, 2023 to 2031 |
| 2023 | Program 8: Fair Housing Enforcement, Outreach, and Education | The City will continue to promote proactive fair housing enforcement, outreach, and education to reduce the prevalence of housing discrimination by creating awareness that certain common practices violate fair housing laws and by deterring violations by showing that wrongdoing has consequences. | In FY2023, the City awarded Project Sentinel a total of $59,104 for Fair Housing assistance.In 2023, the City updated its website to provide up to date housing resources and will continue to do so. The City will continue to work with nonprofits to expand methods of information dissemination. | (1) By the end of 2023, update the City website to provide a range of fair
housing resources, including Project Sentinel, State Department of Fair
Employment and Housing (DFEH), HUD Fair Housing and Equal
Opportunity (FHEO) Office, and the State Tenant Protection Act of 2019, including maximum rent increases and just cause evictions.Update website annually to provide relevant and updated information and resources
(2) By the end of 2023, work with Project Sentinel (and other qualified
nonprofits) to expand methods of information dissemination, including print, website, and other social media outlets.
(3) By the end of 2025, increase funding level for fair housing services. | 6th cycle, 2023 to 2031 |
| 2023 | Program 10: Place-Based Strategies for Neighborhood Improvements | When updating its Capital Improvement Program and associated budget, the City will allocate resources to rehabilitate and/or replace infrastructure in older or under resourced neighborhoods whose infrastructure is approaching obsolescence. The City will develop incentives to encourage the inclusion of project- or neighborhood-serving amenities for housing projects of at least 50 units. | Street Resurfacing Project 2023 will provide pavement rehabilitation and ADA curb ramp upgrades on Dempsey Road from S. Park Victoria to Yosemite Drive.Project design is completed, and construction has been rescheduled until the Water Line replacement Project is completed FY2025-26.
The Milpitas Bike Lane Facilities Enhancements project goal is to improve bicyclist safety, reduce traffic stress for bicycle users, and promote bicycle use by eliminating bicycle facility gaps and upgrading existing bicycle facilities in the City. Design of the project is anticipated in Spring 2024 with construction in Summer 2025.
The Innovation Campus project by MUSD is currently under construction. Construction of Phase 2 is expected Summer 2025.
Dempsey Road Resurfacing project is scheduled for FY2025-26.
Dempsey Road Water Line project design is underway and anticipated to be completed by the end of 2024. Construction is anticipated to start in early 2025.
Cardoza Park Softball Field Improvements Community Outreach, Environmental Review, and Preliminary Design are underway and anticipated to be completed by end of 2025. Final Design and Construction to be determined
Fire Station No. 2 Replacement & Alviso Adobe Media and Exhibits were completed in November 2022.
ARPA parks improvement Phase 1 was completed in January 2024. Phase 2 will start construction in 2024.
South Park Victoria - Yosemite Drive Neighborhood
Selwyn Park improvements were completed in phase 1 of ARPA Park rehab
Foothill Park improvements will be done in phase 2 of ARPA Park rehab
Murphy Park improvements will be done in phase 2 of ARPA Park rehab
Robert E. Brown improvements will be done in phase 2 of ARPA Park rehab
Sinnott Park improvements will be done in phase 2 of the ARPA Park rehab | By the end of 2031, the City will complete at least one transportation project and five capital improvement projects in the North Park Victoria and South Park Victoria neighborhoods. | 6th cycle, 2023 to 2031 |
| 2023 | Program 21: Zoning Ordinance and Building Code Amendments | The City will amend its Zoning Ordinance to comply with the latest state laws and reduce regulatory barriers to residential development, including the following actions: | Final Report on Tiny Homes study will be available early 2024. The City is comprehensively updating its Zoning Ordinance, which will to implement this program. The estimated completion date of the update is 2025. | Amend the Zoning Ordinance according to the following schedule
(1) By early 2023, complete Tiny Homes study. Establish housing program based on study recommendations, including identifying potential sites and funding sources
(2) By the end of 2024, complete the outlined Zoning Ordinance revisions on pages 84 -85 of the Housing Element | 6th cycle, 2023 to 2031 |
| 2023 | Program 23: Large Units for Families with Children in Multifamily Housing | The City will explore opportunities to support large families with children who face disproportionately high rates of housing cost burden and overcrowding through implementation of this program | The City is comprehensively updating its Zoning Ordinance, which will to implement this program. The estimated completion date of the update is 2025. | (1) By the end of 2024, identify and implement possible zoning incentives, such as expedited processing or density bonuses, for multifamily developments that include units with three or more bedrooms. Study the feasibility of zoning requirements for units with three or more bedrooms.
(2) By the end of 2024, implement zoning incentives for the development of units with three or more bedrooms. | 6th cycle, 2023 to 2031 |
| 2023 | Program 24: Missing Middle Housing | The City will facilitate smaller-scale multi-unit and workforce housing to encourage and promote a mix of dwelling types and sizes in lower-density, high-resource residential neighborhoods. Commonly referred to as “missing middle housing,” these building types, such as duplexes, fourplexes, and courtyard buildings, support diverse housing opportunities. Smaller homes cost less to rent or purchase, and these neighborhoods provide services and amenities within walking distance. | The City has created an SB 9 webpage that summarize the City's ordinance addressing urban lot splits and two-unit projects. The City is comprehensively updating its Zoning Ordinance, which will to implement this program. The estimated completion date of the update is 2025. The City will expand our SB 9 resources in 2024. | (1) By the end of 2023, integrate SB 9 Toolkit trainings in the ADU Monday program.
(2) By the end of 2024, identify and implement possible zoning ordinance changes to further promote a mix of dwelling unit types and
sizes, particularly in high resource neighborhoods; consider flexible zoning standards for missing middle housing projects with small units, such as pertaining to density, setbacks, building height, parking, and open space. (3) By the end of 2024, update and promote opportunities to create duplexes and urban lot splits with the City’s SB 9 Toolkit.
(4) By the end of 2024, participate in State financing programs for middle income workforce housing developments that meet the City’s adopted Goals and Performance Measures for these projects.
(5) By the end of 2025, evaluate providing incentives for constructing
missing middle housing projects, such as reducing affordable housing, permit processing, development impact, and utility fees, and expediting the review and approval of these projects. | 6th cycle, 2023 to 2031 |
| 2023 | Program 11: Preservation of At-Risk Housing | The City will continue to work to
preserve at-risk housing, including but not limited to Sunnyhills. | In March 2018, the City and the owner reached an agreement to renew the HUD contract for an additional five years, with the City reimbursing the owner for $250,000 per year for 5 years, for improvements and repairs completed on the property. In 2023, HUD approved extending the contract for another 5 years. | By the end of 2026, evaluate and identify more permanent funding
options for the Sunnyhills apartments to ensure long-term housing
stability and affordability | 6th cycle, 2023 to 2031 |
| 2023 | Program 12: Short-Term Rentals | The City will continue to monitor and enforce the Short-Term Rental Ordinance which went into effect in March of 2022. The ordinance limits the housing unit types that can be rented as STRs, including singlefamily units and individual units in a multi-family building for less than 31 consecutive nights. | The City continues to monitor and enforce non-complies with the STR ordinance. | Beginning in 2023, expand monitoring and enforcement efforts on STRs to minimize impacts on the availability of permanent housing. | 6th cycle, 2023 to 2031 |
| 2023 | Program 15: Housing Opportunity Zones | The City will implement a Housing Opportunity Zones (HOZ) program to utilize incentive-based zoning in multi-family and mixed-use zoning districts. | The City aims to adopt the HOZ/HODs by May 2024. | By end of 2023, adopt the HOZ to incentivize affordable housing beyond the requirements of the City’s Affordable Housing Ordinance. | 6th cycle, 2023 to 2031 |
| 2023 | Program 19: Below Market Rate (BMR) Housing Program | The City will continue to implement its Below Market Rate (BMR) Program, which is designed to assist low- and moderate-income households in becoming homeowners. | In 2023, the City hired Housekeys to administer its BMR homeownership portfolio. | Ongoing, the City will facilitate 20 low and moderate income households to become first-time homeowners consisting of either financial assistance or completion of training program. | 6th cycle, 2023 to 2031 |
| 2023 | Program 22: Supportive Housing with Disabilities | he City will work with the Santa Clara County Office of Supportive Housing (OSH), through its administration of Measure A funds, and the Santa Clara County Housing Authority (SCCHA), through its ability to invest project-based vouchers (PBV) in developments, to increase the availability of permanent supportive housing. | No activity to report in 2023. | (1) By the end of 2023, meet with OSH, SCCHA, and the San Andreas Regional Center (SARC) to explore avenues for collaboration.
(2) By the end of 2024, identify and implement possible zoning incentives for projects that provide supportive housing or dedicated housing units for persons with disabilities.
(3)By the end of 2025, identify the use of CDBG funds for predevelopment costs for permanent supportive housing developments as a priority in the Annual Action Plan.
(4) By the end of 2025, analyze suitability of sites identified in the Sites Inventory for permanent supportive housing development and conduct community engagement about those sites.
(5) By the end of 2026, commit available City resources to permanent supportive housing developments in partnership with OSH and/or SCCHA. | 6th cycle, 2023 to 2031 |
| 2023 | Program 14: Rent Review Ordinance | The City will continue to utilize the services of Project Sentinel (or similar organization) to administer the Review Ordinance and program that was established in 2019. | No activity to report in 2023. | Conduct at least 6 outreach events per year regarding the Rent Review Ordinance in targeted neighborhoods. | 6th cycle, 2023 to 2031 |
| 2023 | Program 16: Affordable Housing Development | The City will facilitate the development of affordable housing, including for extremely-low- and lowerincome households, and those with special needs. | This is in progress and ongoing. | (1) By the end of 2023, provide copies of the Housing Element and sites inventory to water and sewer authorities to prioritize utility service to developments to help meet the housing need for lower-income households.
(2) By the end of 2023, establish policies and procedures for City-owned utilities to prioritize lower-income households.
(3) By the end of 2024, develop incentives to facilitate the development of large rental units (with three or more bedrooms), and rental units for extremely low-income households and persons with disabilities.
(4) By the end of 2024, update the City’s Density Bonus Ordinance to
conform with recent State amendments, as needed, and clarify application of waivers and concessions.
(5) By the end of 2025, evaluate an affordable housing bond or EIFD to
increase local revenue for affordable housing, prioritizing the creation of
units with three or more bedrooms and for
units for special needs populations. | 6th cycle, 2023 to 2031 |
| 2023 | Program 20: Specific Plans | The City will continue to use specific plans (Metro Specific Plan and Gateway-Main Street Specific Plan) to define policy direction and development standards to provide greater certainty in the review and approval of residential and mixed-use projects. | The Gateway-Main Street is on target for adoption in Summer 2024. | By the end of 2024, adopt and implement the Gateway-Main Street Specific Plan to increase opportunities for diverse residential and mixeduse development with zoning incentives for lot consolidation since small parcels are a recognized development constraint. | 6th cycle, 2023 to 2031 |
| 2023 | Program 1: Adequate Sites for RHNA and Monitoring of No Net Loss | To ensure that the City complies with SB 166 (No Net Loss), the City will monitor the consumption of residential and mixed-use acreage to ensure an adequate inventory is available to meet the City's RHNA obligations. To ensure sufficient residential capacity is maintained to accommodate the RHNA, the City will develop and implement a formal ongoing (project-by-project) evaluation procedure pursuant to Government Code Section 65863. Should an approval of development result in a reduction in capacity below the residential capacity needed to accommodate the remaining need for lower and moderate income households, the City will identify and if necessary, rezone sufficient sites to accommodate the
shortfall and ensure “no net loss” in capacity to accommodate the RHNA. | The City has begun to rezone 105 acres to meet the RHNA shortfall through the NCMU and TC Zoning update, with an estimated completion of June 2024. | (1) By the end of 2024 Rezone 105 acres to meet RHNA shortfall (2) By the end of 2023, amend the Zoning Code to provide by-right approval of housing proposed on sites previously identified in the 5th Cycle. (3) By the end of 2023, implement a formal evaluation procedure to monitor the development of pipeline projects, vacant, and nonvacant sites
(4) By the end of 2025, re-engage property owners and developers who
exhibited interest in redeveloping their properties.
(5) By the end of 2027, if City-owned sites are not permitted as assumed in
the sites inventory, the City will identify sites and make zoning available
to an equivalent number of units and affordability, including appropriate
densities | 6th cycle, 2023 to 2031 |
| 2023 | Program 3: Lot Consolidation | The City will continue to facilitate the consolidation of small lots for residential and mixed-use development. The City will develop tools to encourage lot consolidation. Depending on the tools developed, these will be incorporated into the Zoning Ordinance and Building Code update (Program 21). | The City is comprehensively updating its Zoning Ordinance, which will offer incentives for developments to consolidate lots. The estimated completion date of the update is 2025. | (1) By the end of 2024, develop tools to facilitate and incentivize lot consolidation, which may include:
- Additional density bonus
- Flexible development standards (such as setbacks, parking)
- Streamlined ministerial or administrative processing unless application is in conjunction with other actions that require discretionary reviews
(2) Beginning in 2025, promote lot consolidation incentives to developers via City website. | 6th cycle, 2023 to 2031 |
| 2023 | Program 4: Accessory Dwelling Units (ADUs) | ADUs represent a potential source of affordable housing in the city, and the City will continue to encourage ADU construction and legalization through the following: ADU Construction, ADU legalization and ADU Financing. | The City built 53 ADUs in 2023 and continues to build and approve more. | (1) Build and approve 176 ADUs/JADUs over the next eight years. Legalize 8 to 10 ADUs/JADUs over the next year.
(2) Beginning in 2024 and annually thereafter, pursue funding available from the State to continue and expand incentives for facilitating the production of ADUs, particularly for lower-income households and persons with disabilities and their caregivers.
(3) By the end of 2024, pre-approve building permit plans of prototype ADU units and evaluate prefab ADUs to simplify and streamline the permitting process for homeowners. | 6th cycle, 2023 to 2031 |
| 2023 | Program 6: Housing Rehabilitation | The City will continue to utilize the services of Rebuilding Together Silicon Valley (or other qualified nonprofit organizations) to provide safety, accessibility, and mobility repairs to mobile and single-family
homes owned by very low‐ and low‐income households, including allowing seniors to “age in place”. | (1) In 2023, Rebuilding Together Silicon Valley provided 27 households in Milpitas with safety, accessibility, and mobility repairs to homes owned by very low and low income households.
(2) In 2023, the City assisted 406 households through MAP
(3) In 2023, the City worked on updating the housing rehabilitation program guidelines which would create an additional revenue source for the City to provide rehabiltation assistance | (1) By 2031, assist 250 households with the goal to ensure that at least 1/3 of grants and/or loans funds work includes accessibility modifications for the Housing Rehabilitation Program.
(2) By 2031, assist 600 additional households by 2031 through MAP
(3) Beginning in 2023 and annually thereafter, seek grants/funds to expand the scope of residential rehabilitation assistance. | 6th cycle, 2023 to 2031 |