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

Photo of pencil sitting on top of floor plans

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.

Communities have used the following strategies to address regulatory constraints:

Land-Use Controls

  • Allow zero-lot line and small-lot development.
  • Relax development standards, for example:
    • Front-yard setbacks of 15 feet or less
    • Minimum lot sizes of 5,000 square feet or less
    • Lot width of 50 feet or less
  • Reduce parking requirements or establish ministerial procedures to provide exception for projects serving low-income households and seniors and for transit-oriented development.
  • Provide flexible standards for second units to encourage their development.
  • Increase height limits and floor area ratios.
  • Eliminate amenity-based “mid-point” density policies.
  • Modify and/or reduce growth controls to ensure accommodation of projected housing needs.
  • Reduce procedural requirements for growth control ordinances.
  • Exempt affordable housing projects from growth control ordinances.

On/Off Site Improvement Requirements

  • Reduce street widths (e.g. 36 feet or less) and right of ways (e.g. 56 feet or less).
  • Reduce the number and size of sidewalks (e.g. on one side of street only).
  • Use roll curbs instead of formed curbs and gutters.
  • Increase spacing between manholes.
  • Design residential streets to accommodate average traffic estimates.
  • Use utility or sidewalk easements instead of right-of-ways.
  • Place water supply systems and sanitary sewers in easements instead of right-of-ways.

Fees and Exactions

  • Reduce or waive fees and exactions for particular types of development (e.g. rental or assisted housing, second units, mixed-use and infill projects, housing affordable to low- and moderate-income households).
  • 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.
  • Establish impact fees based on square footage to appropriately charge for the level of impacts based on the size of the house or housing types (i.e. second-unit, single-room occupancy, multifamily, single-family). For example, a sewer impact of a second unit is less than for a 5,000 square foot home.
  • Consolidate fee schedules to simplify administration and operate one-stop centers to obtain schedules and documentation in one location.
  • Identify district boundaries on a map for geographic specific fees and assessments to easily establish applicable fees.

Processing and Permit Procedures

  • Expedite permit processing (allow one-stop, consolidated, and concurrent permit processing).
  • Assign a primary contact for priority housing developments to assist with all necessary entitlement, and assist navigating various local departments.
  • Hold pre-application development conferences.
  • Prepare and present explanatory materials on the application and review processes to streamline permit processing.
  • Utilize development agreements.
  • Establish ministerial procedures for multifamily uses in areas zoned for multifamily uses.
  • Streamline design review process and prepare clear, objective guidelines.
  • Increase use of ministerial processing for a variety of housing types.

Housing for People with Disabilities

  • Develop formal procedures that ensure reasonable accommodation for housing for people with disabilities in accordance with fair housing and disability laws. Amend the locality’s municipal code to provide clear rules, policies, and procedures for reasonable accommodation in order to promote equal access to housing. Policies and procedures should be ministerial and include identifying who may request a reasonable accommodation (e.g. persons with disabilities, family members, landlords, etc.); timeframes for decision-making; and provision for relief from the various land-use, zoning, or building regulations that may constrain housing for people with disabilities.
  • Regularly monitor the implementation of the jurisdiction’s ordinances, codes, policies, and procedures to ensure they comply with the “reasonable accommodation” for disabled provisions and all fair housing laws.
  • Reduce parking requirements for projects serving seniors and persons with disabilities.
  • Increase use of ministerial processing of state licensed group homes, regardless of the number of occupants, in residential zones.
  • Update the jurisdiction’s definition of “family” and “single-family residence” to comply with all federal and state fair housing laws. The definition should not distinguish between related and unrelated persons and should not impose limitations on the number of people that may constitute a family.

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 Program 1: Zoning Amendments

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

  • Amending the second-unit ordinance to reduce required parking spaces to one.
  • Amending the definition of “family,” as follows . . .
  • Prohibiting single-family uses in multifamily zones.
  • Eliminating the conditional-use permit for multifamily uses in multifamily zones.

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:

  • Zero to one bedroom: one onsite parking space.
  • Two to three bedrooms: two onsite parking spaces.
  • Four or more bedrooms: two and one-half onsite parking spaces.

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:

  • The request for reasonable accommodation will be used by an individual with a disability protected under fair housing laws.
  • The requested accommodation is necessary to make housing available to an individual with a disability protected under fair housing laws.
  • The requested accommodation would not impose an undue financial or administrative burden on the city.
  • The requested accommodation would not require a fundamental alteration in the nature of the city's land-use and zoning program.

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 6: Density Bonus Ordinance

The zoning ordinance will be amended to include/revise the density bonus ordinance that complies with state density bonus law Government Code Sections 65915 through 65819.
Objective: To promote the financial feasibility of development affordable to lower-income households utilizing density bonuses, incentives, and concessions.
Responsible Agency: Planning Division
Timeline: Adopt by end of 2019
Funding Source(s): General Fund