San Mateo reviews its housing element

The HCD Sept. 28 comment review letter calls for further analysis about the feasibility of future housing sites listed, fair housing policy, housing programs and removing constraints to building housing, like city measures. HCD also asked the city for heightened levels of commitment through stronger language and specificity on housing element planning. The state will review San Mateo’s housing element one more time before the January approval deadline, and staff is talking with state officials about how to best address and rectify any changes.

The housing element is a high-stakes document the city must make compliant with state law or face potential litigation and loss of local control. A city staff report noted that HCD certification is not required for a housing element to be found substantially compliant with state law, as a local jurisdiction can adopt its own findings explaining why its housing element is substantially compliant with state law despite HCD’s findings. San Mateo could still work with HCD to achieve certification of its adopted housing element after the deadline without being deemed out of compliance, according to the report. However, Mayor Rick Bonilla disagreed with that finding. Bonilla did not want to risk jeopardizing state funding and additional state scrutiny and instead wanted to follow the safe path of complying with HCD requests.

“My big concern is I don’t want the city of San Mateo to be found out of compliance by HCD and for the draconian steps to be put in place whereby developers could seek projects under the builder’s remedy,” Bonilla said.

The builder’s remedy is part of the state’s Housing Accountability Act. It requires cities without certified housing elements to approve any residential development, regardless of its zoning, as long as it has 20% low-income units.

Councilmember Amourence Lee also expressed concern the city may be on the brink of not getting its housing element certified by the state. She reiterated to staff the need to address HCD’s comments.

Housing advocate groups like the Housing Leadership Council of San Mateo County have called on the city to revise large portions of its housing element. HLC noted the city could face litigation if it did not meet requirements. In a letter to the city, Policy Manager Jeremy Levine called for the city to be more realistic in its inventory sites and remove constraints, further examine constraints to housing, and add more programs like implementing a rental registry and upzoning sites above the Measure Y limits. Measure Y is a 2020 public initiative that limits new residential building heights and densities to 55 feet tall and 50 dwelling units per acre. City staff has said Measure Y restrictions require more inventory sites to meet its housing goals.

“If San Mateo were to attempt to adopt its current draft housing element without first implementing significant revisions, it would be asking for a lawsuit,” Levine said in the letter.

Lee also asked to insert language in the housing element, calling for an affordable housing overlay for smaller sites in the city. She wanted to make it easier for religious institutions or schools to add a small number of affordable housing units, citing the dire need in San Mateo. Lee said she was in contact with two religious institutions that wanted to build affordable housing but ran into roadblocks because of zoning constraints.

“Everyone agrees we need affordable housing. This is a way of lifting our own limitations on our community partners who want to create affordable housing on smaller lots that are unable to beyond [accessory dwelling units],” Lee said.

Staff noted the council could address affordable housing for small sites through an ordinance in land use planning documents rather than the more restrictive housing element, which is subject to stricter standards and needs state approval. Addressing the issue through land use planning means the city would not need to meet a January approval timeline. A council majority decided to address more affordable housing policies through land use instead of the housing element.

“I’m much more comfortable with that rather than giving HCD another chance at taking away our local control or forcing our staff to perform miracles,” Councilmember Joe Goethals said.

The city will now update the draft housing element and resubmit to the state for second review by December. The city will have a January public hearing before the council to adopt the housing element. It will then submit the adopted housing element to HCD for certification.

curtis@smdailyjournal.com

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