TO: Members of the Planning Commission

FROM: Kevin Bryant, Advance Planner

SUBJECT: General Plan Update and Housing Element Update Status Report

MEETING DATE: January 8, 2003 REVIEWED BY:

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BACKGROUND

The Town of Tiburon is currently in the process of updating its entire General Plan, including the Housing Element. During the summer and fall of 2002, the Town made significant progress on these two related projects. This report provides a status update and a general outline of the next steps for each.

HOUSING ELEMENT

Following a Planning Commission public hearing on May 22, 2002, at which affordable housing sites as well as goals, policies and programs were discussed, a Draft Housing Element was prepared and sent to the state Department of Housing and Community Development (HCD) for required review in October.

On December 16, 2002, the Town received HCD’s findings regarding Tiburon’s Draft Housing Element. In their comments, HCD was positive about the draft element, citing several promising programs including the programs to develop an affordable housing overlay zone, to adopt incentives for mixed-use development, to preserve multifamily housing in Old Tiburon, and to create a "best practices" guide for homeowners interested in building or legalizing secondary dwelling units. HCD concluded, as it customarily does for a first review, that the Draft Housing Element is currently not in compliance with housing element law.

HCD has provided the Town with specific direction about how to bring the Draft Housing Element into compliance with the law. The Town will need to provide additional information about the sites identified as most suitable and likely to be developed or redeveloped with housing. Additional information is also needed about household characteristics and special needs populations. HCD has also asked for further analysis on constraints to the maintenance, improvement, and development of housing. Finally, a number of the programs need to be clarified, including the anticipated density ranges that will be adopted for residential mixed-use development.

The Town is required by state law, Government Code Section 65585(e), to consider the findings made by HCD before adopting the Housing Element. The Town is required to take one of the following actions:

Change the draft housing element to substantially comply with the requirements of housing element law, or

Adopt the draft housing element without changes. This action would require the Town Council to make findings as to why the housing element complies with state law.

Staff is recommending that changes be made to the Draft Housing Element and that the document be returned to HCD for their review and comment. Town Staff and the Town’s housing element consultant will prepare the changes that are recommended by HCD. These changes will be brought before the Planning Commission before the amended Draft is sent to HCD.

Having a Housing Element which has been deemed by HCD to be in compliance with state law will make Tiburon a stronger applicant for grant and loan money for housing projects administered by the State, and less a candidate for legal actions with their potentially serious financial consequences.

GENERAL PLAN UPDATE

During the summer of 2002, a public participation program was implemented by the Community Development Department to kick-off the General Plan Update. A General Plan Update Newsletter and survey were mailed to Tiburon residents and three workshops were held between June and August. The results of the program, in which nearly 500 people participated, were compiled in the Public Participation Report published in September.

Community Development Department Staff has been preparing the first of what will be a series of "issues papers". The issues papers will provide information such as existing conditions, results of the public participation program, and an evaluation of the current General Plan goals, policies, and programs. The issues papers will make recommendations for goal, policy, and program language to provide a common reference point for discussion and deliberation.

Downtown Tiburon, an area of Town anticipated to have potentially substantial change over the 20 year planning horizon of the new General Plan, will be the subject of the first issue paper discussed by the Planning Commission and Town Council.

After Staff has completed the issue paper for Downtown, copies will be distributed to the Town Council and Planning Commission and posted on the Town’s website. Public hearings before the Planning Commission and Town Council will be scheduled for February or March to receive input from the public and direction from the Planning Commission and Town Council on drafting the new Downtown Element of the General Plan.

The process will be repeated with other elements of the General Plan, starting with the Land Use Element. General Plan Elements where less change is anticipated, such as the Safety and Noise Elements, may be grouped together as the Update process continues through the Goal, Policy, and Program Refinement phase.

Plan Preparation and Adoption will follow the Goal, Policy, and Refinement process and will result in the adoption of an updated General Plan and Environmental Impact Report (EIR) in late 2003 or early 2004.

RECOMMENDATION

Staff recommends that the Planning Commission accept this report and provide any feedback to Staff.