Santa Clara County Grand Jury • 2017-2018 • Agency Response
Response to: 2017 Update from the City of Santa Clara

(endorsed)*

Published: September 06, 2018 10 pages
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Findings and Recommendations 3 findings

F6 Page 8
In-lieu fees, when offered as an option, are too low to produce the needed number of BMR units, and delay their creation. Response: The City of Santa Clara generally agrees with the finding per 933.05(a)(1) of the California Penal Code. The City's adopted ordinances prioritize inclusionary units for new residential development. The production of BMR units would be further supplemented through commercial linkage fees and access to Measure A funds and other outside funding sources.
Related Recommendations (1)
R6
Page 8
Cities with an in-lieu option should raise the fee to at least 30% higher than the inclusionary BMR equivalent where supported by fee studies, Cities to respond are Campbell, City of Santa Clara Printed on 8/24/2018 powered by Legistar™ 18-916 Agenda Date: 8/28/2018 Cupertino, Milpitas, Mountain View, Palo Alto, San Jose, Santa Clara and Sunnyvale. Response: The City of Santa Clara does not see a need to implement the recommendation at this time. The City's Affordable Housing Ordinance was structured with a preference toward mandatory inclusionary housing. The only projects that can voluntarily pay an in-lieu fee are those projects with fewer than ten (10 units). For all other projects, any alternative means of compliance, including payment of in- lieu fees, requires the execution of a Development Agreement, which would be negotiated on a project-by-project basis.
F7 Page 9
NIMBY (Not in My Backyard) opposition adversely affects the supply of BMR housing units. Response: The City of Santa Clara agrees with the finding per 933.05(a)(1) of the California Penal Code. The City is committed to robust community engagement in the land use planning process to help address community concerns. This commitment is reflected in the City's General Plan (e.g., Goal 5.3.1 P2 Encourage advance notification and neighborhood meetings to provide an opportunity for early community review of new development proposals) and the City's Land Use Outreach Policy (attached) adopted in 2017.
Related Recommendations (1)
R7
Page 9
A task force to communicate the value and importance of each city meeting its RHNA objectives for BMR housing should be created and funded by the County and all 15 cities, by June 30, 2019. Response: The City of Santa Clara agrees with the Recommendation and is ready to participate in such an effort.
F8 Page 9
It is unnecessarily difficult to confirm how many BMR units are constructed in a particular year or RHNA cycle because cities and the County only report permitted units. Response: The City of Santa Clara agrees with the finding per 933.05(a)(1) of the California Penal Code on a limited basis. The City of Santa Clara has data available on BMR units produced within Santa Clara and includes this information in its annual reporting to the State.
Related Recommendations (1)
R8
Page 9
All 15 cities and the County should annually publish the number of constructed BMR units, starting in April 2019. Response: The City of Santa Clara has data available on BMR units produced within Santa Clara and includes this information in its annual reporting to the State. The State provides online a summary of data submitted by all jurisdictions. ENVIRONMENTAL REVIEW The action being considered does not constitute a "project" within the meaning of the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment. FISCAL IMPACT City of Santa Clara Printed on 8/24/2018 powered by Legistar™ 18-916 Agenda Date: 8/28/2018 There is no fiscal impact to sending the response other than administrative staff time and expense. COORDINATION This report has been coordinated with the Finance Department and City Attorney's Office. PUBLIC CONTACT Public contact was made by posting the Council agenda on the City's official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City's website and in the City Clerk's Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk's Office at (408) 615-2220, email clerk@santaclaraca.gov <mailto:clerk@santaclaraca.gov> or at the public information desk at any City of Santa Clara public library. RECOMMENDATION Authorize Mayor Gillmor to submit the City's response to the Civil Grand Jury Report to the Honorable Patricia Lucas, Presiding Judge, Santa Clara County Superior Court, 191 North First Street, San Jose, CA 95113, no later than Thursday, September 20, 2018. Reviewed by: Andrew Crabtree, Director of Community Development Approved by: Deanna J. Santana, City Manager ATTACHMENTS 1. Grand Jury Report 2. Land Use Community Outreach Policy 3. Affordable Housing Ordinance and Resolution City of Santa Clara Printed on 8/24/2018 powered by Legistar™

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Santa Clara City

* This report's PDF did not contain easily extractable text and required Optical Character Recognition (OCR) for analysis. There may be minor errors in the extracted findings and recommendations due to OCR limitations with scanned documents.