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Constraints
Last Updated 5/6/2010

The element must identify and analyze potential and actual governmental constraints to the maintenance, improvement, or development of housing for all income levels, including housing for persons with disabilities. The analysis should identify the specific standards and processes and evaluate their impact, including cumulatively, on the supply and affordability of housing. The analysis should determine whether local regulatory standards pose an actual constraint and must also demonstrate local efforts to remove constraints that hinder a jurisdiction from meeting its housing needs.

Land-Use Controls

The constraint analysis must identify all relevant land-use controls such as zoning, development standards, and any growth controls and analyze impacts on the cost and supply of housing. An adequate evaluation must assess the cumulative impacts of standards, including whether such requirements impede the ability to achieve maximum allowable densities. Learn more.

Fees and Exactions

The element must identify permit processing and planning fees and development and impact fees and exactions for impacts on the cost, feasibility, and affordability of housing. The analysis should include an estimate of the average fees for typical multifamily and single-family developments. Learn more.

Processing and Permit Procedures

Permit processing requirements must be identified and analyzed for their impacts on housing supply, affordability and development certainty. The element must describe and analyze the types of permits required, by housing type, extent of discretionary review including required approval findings, procedures, and processing time required for residential development by zoning district and housing type. Learn more.

Codes and Enforcement and On/Off-Site Improvement Standards

The element must describe the building code adoption and enforcement process, including identification of any local amendments to the Uniform Building Code (UBC) and how building code enforcement is carried out by the jurisdiction. The element must also describe and analyze the impact of on- and off-site improvement standards including street widths, curb, gutter, and sidewalk requirements, landscaping, circulation improvement requirements and any generally applicable level of service standards or mitigation thresholds. Learn more.

Constraints-Housing for Persons with Disabilities

The housing element must identify governmental constraints to the development, improvement and maintenance of housing for persons with disabilities including identifying local efforts to remove any such constraints and identifying procedures for reasonable accommodations for persons with disabilities in zoning. Learn more.

Non-Governmental Constraints

Although non-governmental constraints are primarily market-driven and generally outside direct local government control, localities can significantly influence and offset the negative impact of non-governmental constraints. The element must analyze the impacts of the cost of land, construction costs, and the availability of financing. Learn more.