Nov 28 2022
OPINION: Is the Draft Piedmont Housing Element in a 30 Day Comment Period ?
Does this mean the draft Piedmont Housing Element is in a 30-day comment period which commenced November 17?
From the California Housing and Community Development (HCD) website:“Housing Element Submittal Requirements:”.“For first draft submittals: With the first draft submittal, please include in the cover letter how the local government complies with new public participation requirements pursuant to AB 215 (Chapter 342, Statutes of 2021). AB 215 requires that prior to submittal of the first draft to HCD, the local government must make the draft available for public comment for 30 days and if any comments were received, take at least 10 business days to consider and incorporate public comments. Please note, HCD cannot review any first draft submittals that have not demonstrated completion with this requirement. The housing element will be considered submitted to HCD on the date that documentation has been received verifying compliance with AB 215 public participation requirements.”..Garrett Keating, Former Member of the Piedmont City Council
Hopefully the city is in compliance, but I’ve not seen notice of a comment period. I hope it’s not like SB9 where LWC consultants were not aware of the latest HCD publications on how to conduct HE projections for SB9 units.
Response from staff:
AB215 requires cities to have the Housing Element available for public review for 30-days prior to submitting to HCD for the first time. If comments are received, the City must take 10 days to consider the comments before sending to HCD.
The City’s draft Housing Element was released for public comment on April 8, 2022. The document was available for well over the required 30-day comment period and staff considered comments for well over the 10 day minimum before Council authorized submitting the draft (with changes in response to public comment) on November 18, 2022.
Also from Housing and Community Development Department (HCD) website:
“Public Participation Requirements: Prior to submittal of the first draft within a planning period to HCD, the local government must make the draft available for public comment for 30 days and if any comments were received, take at least 10 business days to consider and incorporate public comments.”
Any wordsmiths out there? Doesn’t that language require a 30-day comment period of the draft SUBMITTED to HCD (“the first draft”) and a 10-day comment period? Staff suggests the April draft started the clock but that language suggests to me that it is the approved draft by Council that gets the 30 day comment. At least 10 days, if staff is to incorporate comments made at the Council meeting on 11/17 – maybe there weren’t any?
The most consequential changes were made in this last draft (adding Blair Park and a fifth story to Grand Avenue bldgs) so a reasonable comment period seems appropriate.
Mike Henn is referring to the March 2022 Guidelines published by HCD that referenced inclusion of SB9 projections if 4 requirements common to planning projections are included. LWC was questioned about this at a City Council meeting by public speakers in June; the LWC response was that they had spoken to HCD. We do not know the substance of that conversation; we do know what HCD put in writing.