State Housing Element law requires an analysis of governmental constraints upon the maintenance, improvement, or development of housing.  The analysis must identify efforts to remove the identified constraints.  State housing laws effective since 2018 have targeted ways to ease local government constraints on housing development – and affordable housing in particular.  Applicable to all housing developments are amendments to the Housing Accountability Act (HAA) and the Housing Crisis Act (Senate Bill 330). 

Amendments to the HAA require the use of objective design standards in the review of residential projects.  An objective design standard involves no personal or subjective judgment on the part of the jurisdiction and “is uniformly verifiable by reference to criteria that are available to the applicant at the time of application.” Under the HAA, a housing development cannot be denied, unless the jurisdiction finds that the project would have a specific, adverse impact upon the public health or safety. 

The Housing Crisis Act (SB 330), in part, established laws that are intended to: streamline housing development approvals; replace and protect existing affordable housing; disallow jurisdictions from rezoning a property to a lower residential density; and apply restrictions on jurisdictions from establishing new design standards unless they meet the definition of objective design standards as provided in State law.

Additional housing bills, such as Assembly Bill (AB) 101 and AB 2162 (Supportive Housing Streamlining Act), require jurisdictions to establish additional regulations and requirements relating to supportive housing and low barrier navigation centers.

The proposed focused zoning code amendments will ensure the City of Garden Grove is in compliance with all applicable State housing laws.  The following State grant programs were established, in part, to provide funding assistance to local jurisdictions to complete said zoning code amendments to assist local jurisdictions in implementing process improvements that streamline housing approvals and accelerate housing production.

SB 2 Planning Grants Program

In 2017, the State passed SB 2 (the Building Homes and Jobs Act), which established a source of funding to support the SB 2 Planning Grants Program, which is intended to provide funding and technical assistance to all local governments in California to help cities and counties prepare, adopt, and implement plans and process improvements that streamline housing approvals and accelerate housing production.

Local Early Action Planning Grant Program (LEAP)

In 2019, the State passed the 2019-20 Budget Act, which allocates funding for all regions, cities, and counties to support planning activities that accelerate housing production.  With this allocation, the State Department of Housing and Community Development (HCD) established the Local Early Action Planning Grant Program (LEAP), which provides grant funding to cities and counties to update their planning documents and implement process improvements that will facilitate the acceleration of housing production and help local governments prepare for their upcoming 6^th cycle RHNA (Regional Housing Needs Assessment).

The City of Garden Grove was awarded grant funding through the SB 2 Planning Grants Program and the LEAP Grant Program in December of 2019 and September of 2020, respectively, to support the completion of various tasks, which include current efforts to update various General Plan Elements (i.e., Housing Element, Safety Element, and Land Use Element), create an Environmental Justice Element, and to adopt the proposed focused zoning code amendments, which aim to address recent changes in State law and to better align standards for various types of residential development, including mixed use development, with current market trends and City objectives.

In March 2021, a Request for Proposals (RFP) was released for the preparation and completion of focused zoning code amendments relating to development standards for single-family residential, multi-family residential and mixed use developments, permanent supportive housing, and single-room occupancy housing and motel conversions.  An RFP Addendum was released in late March 2021 which extended the proposal submittal deadline and the project completion deadline.  One (1) firm submitted a proposal to the RFP: MIG, Inc. from Pasadena.  No other proposals were received.

The evaluation team recommends contracting with MIG, Inc. to assist with all requested tasks.  The consultant is qualified by virtue of experience and expertise to accomplish the services requested and has a clear understanding of the City’s objectives.  Qualifications of MIG, Inc. include:

• Currently preparing the Housing Element Update in preparation for the 6^th cycle RHNA.
• Prepared the last two Housing Elements for the City of Garden Grove.  Both Housing Elements were completed on time and received HCD certification.
• Prepared the Garden Grove Mixed Use Zoning Code Update in 2012.
• Prepared Garden Grove’s 2010-2015 Consolidated Plan.
• Prepared a detailed and comprehensive budget and cost breakdown for all requested tasks and services.  
• Have committed to a feasible schedule of milestones, with completion of each project by their respective deadlines.
• Displayed a strong understanding of the recent legislation adopted by the State, which relate to the subject tasks.  Also, displayed a strong understanding of law relating to the Housing Element, Safety Element, Land Use Element, and Environmental Justice Element.
• The MIG, Inc. team provides a good mix of familiarity with the City, project management, and environmental assessment.

The full cost of the contract is $130,995 (which includes a $20,000 contingency to cover any additional CEQA compliance documentation and associated work, if necessary) and will be paid with SB 2 and LEAP planning grants awarded by the State.  The project is funded entirely through grant proceeds and not anticipated to require use of General Fund.

It is recommended that the City Council:

• Award a contract to MIG, Inc. for the preparation and completion of focused zoning code amendments relating to development standards for single-family residential, multi-family residential and mixed use developments, permanent supportive housing, and single-room occupancy housing and motel conversions, including associated tasks, in the amount of $130,995, for Fiscal Year 2021-22; and
  
  
• Authorize the City Manager or authorized designee to execute the Professional Services Agreement on behalf of the City and to make minor modifications as appropriate; and
  
  
• Authorize the City Manager or authorized designee to sign amendments to the said Agreement, including the authorization to increase the compensation to a higher amount, provided sufficient funds are available.

By:  Chris Chung, Planner