Title
Planning and Building Department, Economic Development and Administrative Division, recommending the Board adopt and authorize the Chair to sign Resolution of Intention 163-2025, amending Article 3, Chapter 130.31, Affordable Housing Density Bonus, of the Zoning Ordinance to include additional affordable housing approaches.
FUNDING: N/A
Body
DISCUSSION / BACKGROUND
The County’s General Plan includes a Housing Element, which embodies the County’s plan for addressing the housing needs of residents of unincorporated areas of El Dorado County through May 2029. Measure HO-37 of the Housing Element directs the County to develop an Affordable Housing Ordinance that will encourage and assist the development of housing that is affordable by considering a variety of housing policy tools, including inclusionary housing.
On April 2, 2024 (Legistar file 24-0411), the Board adopted Resolution 046-2024 establishing the Affordable Housing Task Force (AHTF) to assist staff in gathering data, information, and best practices, along with input from subject matter experts and the public, related to affordable housing matters. The AHTF works collaboratively with staff to utilize this input and develop recommendations to the Board. These recommendations are to be delivered in two (2) phases:
Phase 1 - Recommendations for an Affordable Housing Ordinance; and
Phase 2 - Recommendations for various tools, strategies, and policies to support and expand El Dorado County’s supply of affordable housing.
Since being appointed, the AHTF has met regularly to coordinate with the Planning and Building Department (Department) and identify housing issues and discuss topics to be included in an Affordable Housing Ordinance. On April 8, 2025 (Legistar file 25-0610), the Board held a workshop, during which AHTF provided a status of the efforts and discussed some of the ongoing policy considerations around affordable housing. The Board directed staff to return to the Board to present additional options for addressing affordable housing challenges in the County.
The Department, along with the AHTF, is now returning to present the Board with Resolution of Intention XXX-2025 (ROI), which if approved and adopted would allow the Department to proceed with amendments to Article 3, Chapter 130.31 - Affordable Housing Density Bonus and other Chapters of the Zoning Ordinance determined to be relevant and necessary to fully implement the amendments to Chapter 130.31. The AHTF, during its regular meetings, evaluated a number of topics including but not limited to Inclusionary Housing Policy, key recommendations from the County’s Affordable Housing Policy Update Background Analysis (BAE Urban Economics), what other jurisdictions are doing, and a variety of financing and partnership models. In coordination with the AHTF, the Department is forwarding for the Board’s consideration the following areas of focus for inclusion into the County’s Affordable Housing Ordinance:
Component 1: Mandatory Affordable Housing Fee
A. Program Structure: Defines and states the purpose of the Mandatory Affordable Housing Fee.
B. Policy Considerations including, but not limited to, an Affordable Housing Fee determined by feasibility study, Affordable Housing Trust Fund expansion and determining and establishing project types and size.
Component 2: Alternatives to Mandatory Affordable Housing Fee
A. Program Structure: Defines and states the purpose of the Alternative Program for Affordable Housing Fee.
B. Policy Considerations including, but not limited to, project types, project size, and Development and Design Standards with flexibility.
C. Establishes Alternatives to an Affordable Housing Fee including, but not limited to, Production of Units and Affordability, Alternative Financing Mechanisms, Land Dedication, etc.
D. Establishes incentives to the Alternative Fee Program including, but not limited to, Reduction in Development and Design Standards, Expedited Processing, Financing Alternatives, etc.
Component 3: Existing County Affordable Housing Programs
Directs readers to existing County programs that support affordable housing development.
The Department and the AHTF have developed an Affordable Housing Ordinance Recommendation Table (Attachment C) for the Board consideration. This table offers further detail and clarification on the identified areas of focus outlined above. While the table highlights key priorities, the Department anticipates that other Chapters of the Zoning Ordinance may also require attention for internal consistency and is therefore seeking Board approval to address those areas under this ROI. It should be noted that in light of recent court decisions, an area of potential legal dispute are challenges to inclusionary zoning ordinances requiring construction or fees for affordable housing as improper exactions.
Board approval and adoption of the proposed ROI directly supports implementation of the County’s Housing Element and advances the Safe and healthy Communities Strategic Focus Area. This action represents an important step in the County’s broader efforts to address the affordable housing challenge.
ALTERNATIVES
The Board may choose not to approve and adopt the ROI as presented and direct staff to return with a revised version at a later date. This would result in further delays in implementing an Affordable Housing Ordinance and associated policies.
PRIOR BOARD ACTION
On April 2, 2024 (Legistar file 24-0411), the Board adopted Resolution 046-2024, establishing the AHTF for the provision of developing an Affordable Housing Ordinance.
On April 8, 2025 (Legistar file 25-0610), the Board held a workshop, during which the Board directed staff to return to the Board to present additional options for addressing affordable housing challenges in the County.
OTHER DEPARTMENT / AGENCY INVOLVEMENT
County Counsel
CAO RECOMMENDATION / COMMENTS
Approve as recommended.
FINANCIAL IMPACT
There is no change to Net County Cost associated with this item. The AHTF contributes its time on a volunteer basis, and the staff time required is incorporated into the Department’s existing work efforts.
CLERK OF THE BOARD FOLLOW UP ACTIONS
1) Clerk of the Board will obtain the Chair’s signature on one (1) original copy of the ROI.
2) Clerk of the Board will forward two (2) certified copies of the fully-executed ROI to Planning and Building Department, attention Jennifer Morris, Economic Development and Administration Division, for further processing.
STRATEGIC PLAN COMPONENT
Safe and Healthy Communities
Priority: Develop a continuum of support and housing opportunities for unhoused individuals
Action Item: Develop a comprehensive plan for affordable housing opportunities
CONTACT
Robert Peters, Deputy Director
Planning and Building Department