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California Department of
Housing and Community Development

Address and Remove (or Mitigate) Constraints

Contact

(916) 263-2911

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Address and, where appropriate and legally possible, remove governmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, or provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities (Government Code Section 65583(c)(3)).

Required Components of Programs

Effective programs reflect the results of the local housing need analyses, identification of available resources (including land and financing), and the mitigation of identified governmental and nongovernmental constraints. Programs consist of specific action steps the locality will take to implement its policies and achieve goals and objectives. Programs must include a specific timeframe for implementation, identify the agencies or officials responsible for implementation, and describe the jurisdiction’s specific role in implementation.

Program Requirements

For each policy, procedure, or requirement identified as a governmental constraint, the housing element must include programs to address and remove or mitigate the constraint.

Policy and Program Options

Communities have used the following strategies to address regulatory constraints:

Land-Use Controls

On/Off Site Improvement Requirements

Fees and Exactions

Processing and Permit Procedures

Housing for People with Disabilities

Sample Program Format

Description of the specific actions, jurisdiction’s specific role in implementation and demonstration of commitment to implement
Objectives: (Quantified, where possible)
Responsible Agency: 
Timeline: 
Funding Source(s)
: (Where appropriate)

Sample Programs

Sample Program 1: Zoning Amendments

The county will amend the zoning ordinance to remove constraints on the development of housing, including:

Objectives: Promote development of multifamily rental housing. Eliminate impediments to fair housing. Facilitate the development of 20 second units in the planning period.
Responsible Agency: Planning Division
Timeline: Amend second-unit ordinance by June 2019. Amend definition of “family” in zoning ordinance by January 2019. Establish administrative site-plan review for multifamily and require conditional-use permit for single-family in multifamily zones by January 2019.
Funding Source(s): General Fund

Sample Program 2: Parking Reductions

The city will amend the zoning ordinance to reduce parking standards (including guest parking) for multifamily uses in multifamily zones, as follows:

Objective: Address constraints and facilitate the development of multifamily housing Responsible Agency: Community Development Department
Timeline: Adopt zoning ordinance amendments by January 2019
Funding Source(s): General Fund

Sample Program 3: Reasonable Accommodation Ordinance

The city will adopt a written, reasonable-accommodation ordinance to provide exception in zoning and land use for housing for persons with disabilities. This procedure will be a ministerial process, with minimal or no processing fee, and will be subject to approval by the Community Development Director applying following decision-making criteria:

Objective: Facilitate the development, maintenance and improvement of housing for people with disabilities; reduce processing time for reasonable accommodation requests by 50 percent.
Responsible Agency: Community Development Department
Timeline: Adopt zoning ordinance amendments by December 2018
Funding Source(s): General Fund

Sample Program 4: Fee Deferral

The city will continue to allow payment of fees upon certificate or occupancy, rather than prior to building-permit issuance, to reduce developer construction financing costs and overall development costs for housing affordable to lower-income households.
Objective: Promote the financial feasibility of development affordable to lower-income households.
Responsible Agency: Planning Division
Timeline: On-going
Funding Source(s): General Fund

Sample Program 5: Expedited Permit Procedures

The city will establish an expedited permit procedure for developments with units affordable to lower-income households. The procedure will establish written and specific procedures to prioritize affordable rental development in the city’s entitlement process.
Objective: Expedite permit procedures for developments affordable to lower-income households. Approve and expedite at least five rental developments affordable to lower-income households.
Responsible Agency: Community Development Department
Timeline: Adopt procedure by June 2019
Funding Source(s): General Fund

Sample Program Implementation

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