District 5 Newsletter | Placer County & RHNA – A Difficult Choice

Placer County, California sent this bulletin at 05/01/2024 05:29 PM PDT

DISTRICT 5 NEWSLETTER | MAY 1

Placer County & RHNA – A Difficult Choice

During my previous career in public service, and now as a County Supervisor, I've been faced with making decisions on many challenging and controversial issues. The current housing rezone challenge facing Placer County is one of the toughest I have experienced.

In simple terms, we must rezone certain sites for higher density housing to stay in compliance with the State, and retain local land use control, or, face fines, loss of local control, and watch as developers apply to build higher density housing immediately that we can no longer control in terms of density, design, or other local concerns.

How did we get here? What has changed?

Since 1969, California has required that all local governments adequately plan to meet the housing needs of everyone in the community. To meet this requirement, every city or county must develop a Housing Element as part of its general plan that documents how it will meet its community’s housing needs. There are many laws that govern this process, and collectively they are known as Housing Element Law. The Regional Housing Needs Allocation (RHNA) process is part of the Housing Element Law and is overseen by the Department of Housing and Community Development (HCD). These Housing Elements are required to be updated every 5-8 years, but things have changed significantly in this the 6th Round. Some of those changes are:

Higher total regional housing need set by HCD;
RHNA and local Housing Elements must affirmatively further fair housing;
HCD established even greater oversight over RHNA;
Alternative solutions to meet requirements were reduced;
Sites for affordable units became even more challenging since reuse of previous identified sites will come under HCD scrutiny or no longer be a viable site; and
The State has brought enforcement actions and litigation on local jurisdictions for not having an HCD approved Housing Element.

The above changes were already challenging for Placer County, but then last April (2023) an appellate court determined in Martinez v. City of Clovis (2023) 90 Cal.App.5th 193, that overlay zones are inadequate to satisfy the State’s requirements for RHNA rezone programs. This was a significant change for Placer County since the approved County Housing Element Program called for an overlay zone to accommodate the County’s RHNA shortfall. An overlay zone does not change the base zoning of properties and this was our preferred approach. As a result of the Court decision, HCD now requires a jurisdiction to set a mandatory minimum density rather than providing an optional overlay where non-residential uses could be developed.

What penalties could we face?

Enforcement actions include potential lawsuits from the State, developers, housing advocates or individuals, financial penalties, and most concerning of all, the loss of permitting authority.

The penalties for non-compliance include something called the California Builders Remedy, which is a law passed over three decades ago but now given new teeth as our housing crisis has grown in use. In very simple terms, in situations where a local government is found to be non-compliant with their housing plan, it gives developers the ability to submit applications for housing projects that do not have to comply with zoning or general plan requirements, and we as a County would have little ability to influence.

This is not just a threat; it’s happening right now. Below are a few cases where builders remedy has been enacted, or where the State has taken action to penalize local government over non-compliant housing plans:

Attorney General Bonta to City of Elk Grove

Attorney General Bonta: Court Orders La Cañada Flintridge to Follow State Housing Law and Process Affordable Housing Project Application

Huntington Beach Barred From Approving Any New Housing Developments

Attorney General Bonta Urges Court to Facilitate Affordable Housing in Eureka

What is the challenge?

I would have much preferred that the State provided us adequate time to explore more practical and community acceptable solutions. Unfortunately, they have not extended the timelines. In a response to the County received in March 2023, HCD mandated that we rezone an adequate number of properties at 20-30 units per acre in order to reach the County’s required 1,219 units.

Understanding the consequences and the short timeline, planning staff immediately began reaching out to property owners to identify willing participants, evaluate the sites, and conduct environmental review. Since November, we have been holding public workshops and meetings to review the sites under consideration with the public.

Many of the proposed sites have been met with a great deal of opposition. Understandably, residents are very concerned about changing the character of their communities, along with concerns about traffic, noise and other impacts from higher density development. Changing zoning to allow for increased development near any of our homes is a significant concern. These concerns are shared by communities all over the State, which, in the opinion of the State, is largely why more affordable housing has not been built over the years. This is exactly why the State has taken action to set aside those concerns and force local government to act.

Our choice seems to be as follows: Approve rezoning certain properties to achieve a total of 1,219 units that may or may not actually be built in the future, or, do nothing, and have developers and the State control what does get built and where.

On April 25th, 2024 the Planning Commission held a public hearing that included a detailed staff presentation describing sites throughout the county proposed for rezoning.

Commissioners voted 4-3 to recommend the Board of Supervisors remove two sites in the Dry Creek area that are currently zoned as residential/agricultural and move forward with 13 of the staff’s recommended sites in North Auburn, Bowman, Penryn, Granite Bay and Sheridan.  The commission also recommended adding a 26.4-acre county-owned site on Cincinnati Avenue in the Sunset Area of west Placer County into the rezone program.  

What can you do?

The Board of Supervisors is scheduled to hold a public hearing that will include a staff presentation, public comment and a possible final action at 9 a.m. on May 21. I encourage you to express your concerns – public process requires the PUBLIC!

I'm committed to looking for different ways to keep control at the local level and find solutions for addressing our housing needs. We should continue to be proactive in reaching out to state lawmakers to express our concerns and push for changes in the law that give local governments more say in housing and community development decisions. We need to consider mechanisms to expand our incentives and additional funding for affordable housing programs – like financial incentives for our ADU program, adjusting inclusionary housing requirements, reducing County costs, investing in infrastructure, increasing “in-lieu” of fees, securing grants and working with non-profits for additional support.

Please be assured that I face this dilemma as I always have, trying to learn from the best practices of other agencies and organizations, and most importantly from those I represent. Your input is invaluable. Please don't hesitate to reach out to my office with any thoughts, concerns, ideas or potential solutions. I'm open to exploring all possibilities that could help us preserve local control and address our housing needs.

In service,
Supervisor Cindy Gustafson

D5 APRIL MEETINGS/EVENTS + CASEWORK SUMMARY

Meetings/Events:

32 Internal Meetings
44 External Meetings
9 Board Meetings
3 MAC Meetings
17 Events

Casework: 75 Constituent Cases

MAC REDISTRICTING

In an effort to make sure all District 5 residents are represented by a Municipal Advisory Council, our office has worked with county staff to create updated MAC boundaries. We will be bringing the proposed changes to several of the affected MACs, first as an information item and then as an action item. We encourage you to attend the upcoming meetings and give us your thoughts! To find out what MAC you’re currently in, click here.

CA FAIR PLAN TESTIMONIALS

Our office receives complaints about the CA FAIR Plan and the cost of insurance on a weekly (or daily!) basis, and we completely understand your frustration. I wish we had more control over the skyrocketing costs, but unfortunately the Insurance Commissioner sets the policies. I have sent numerous letters, requests for meetings, etc. in order to advocate for the residents of Placer County, but we’ve had little success getting through to Commissioner Lara.

If you’ve had your insurance cancelled or your premiums have gone up a significant amount, please send my office an email. We will compile the responses and share them with the Insurance Commissioner’s office in the hopes that we can pressure him to make the necessary changes to bring the costs back to a reasonable level.

EVENTS, NEWS & RESOURCES

BIG DAY OF GIVING | MAY 2

Big Day of Giving is a 24-hour giving celebration from the Sacramento Region Community Foundation that rallies people to support causes they love in El Dorado, Placer, Sacramento, and Yolo counties. This generosity-fueled movement has inspired $91 million in gifts for area nonprofits since 2013. When you give, you support the critical efforts of community-serving organizations — big and small, new and established. Join thousands of local people and give to the causes you care about during Big Day of Giving! LEARN MORE

PLACER COUNTY PLANNING COMMISSION MAKES RECOMMENDATION ON REZONE PROGRAM

The Placer County Planning Commission took action to recommend that the Board of Supervisors approve 14 sites throughout the county to be rezoned to meet state requirements for multi-family housing. Placer County has been working for more than a year with willing property owners to participate in its Housing Element Sites Rezone program, which would change zoning of the selected sites to allow for development of multi-family housing at 20-30 units per acre. The county is charged with rezoning enough land to accommodate a minimum of 1,219 units to meet the state’s mandate. The Planning Commission held a public hearing that included a detailed staff presentation describing sites throughout the county proposed for rezoning, more than 50 comments from community members and ultimately a recommendation by the commission. Commissioners voted 4-3 to recommend the Board of Supervisors remove two sites (of the proposed 15) in the Dry Creek area that are currently zoned as residential/agricultural and move forward with 13 of the staff’s recommended sites in North Auburn, Bowman, Penryn, Granite Bay and Sheridan.

The Board of Supervisors will hold its public hearing starting at 9 a.m. on May 21 in the Health and Human Services Center Jeff Brown Room, 11434 B Ave., Auburn. The meeting will be streamed online via Zoom and YouTube. The Agenda will be posted a minimum of 72 hours prior to the meeting date. LEARN MORE

RELEASE STILL PENDING FOR SEXUALLY VIOLENT PREDATOR

The Placer County Superior Court held a status conference on Monday, April 15, to review the pending release of state-designated Sexually Violent Predator William Stephenson. The assigned prosecutor from the District Attorney’s Office was present at the hearing alongside county counsel and joined by county representatives, Crime Victims United, the Placer County Sheriff’s Office and community members to monitor the update given to the court. The Department of State Hospitals indicated that the address they had previously identified as a possible placement for Stephenson was no longer viable. DSH did not explain why the property was no longer viable and indicated that no other properties had been identified for placement. The judge set another status conference for June 3, 2024, at 11 a.m. in Department 32. LEARN MORE

PLACER COUNTY PROCLAIMS MAY AS MENTAL HEALTH MATTERS MONTH

The Board of Supervisors proclaimed May as Mental Health Matters Month in Placer County, reinforcing the county's commitment to raising awareness, breaking down stigma and promoting access to mental health resources. This year, the new Wellness Fair will elevate the Placer4MentalHealth campaign to the next level. The free event, which will take place May 2 from 10 a.m. to 7 p.m. at the Maidu Community Center in Roseville, will feature over 40 local mental health-related vendors, wellness workshops, complimentary food, raffle prizes and live entertainment from notable musicians and comedians. "We recognize that even as demand for mental health services has increased, it can be challenging to navigate resources," said Kyle Jibson, deputy district attorney and CCW partner. "The Placer4MentalHealth Wellness Fair aims to support families in connecting with care while also having fun.” LEARN MORE

CAL FIRE BURN PERMITS REQUIRED MAY 1 IN NEVADA, YUBA, PLACER AND SIERRA COUNTIES

The California Department of Forestry and Fire Protection (CAL FIRE) Nevada-Yuba-Placer Unit has announced effective at 8 a.m., Wednesday, May 1, 2024, all hazard reduction burning will require a permit in Nevada, Yuba, Placer and Sierra Counties. Burn permits must now be obtained online at https://burnpermit.fire.ca.gov. Applicants can access the website to obtain a burn permit which involves watching a short educational video and submitting an application. The process provides the necessary information needed to conduct the burn safely, while minimizing the chance for fire escape. Permits must be in possession either by printed copy or digitally. Permits are valid beginning May 1 each year and require annual renewal. Permits are issued free of charge. LEARN MORE

PLACER COUNTY HUMAN SERVICES PARTNERS WITH COMMUNITY-BASED ORGANIZATIONS TO INCREASE ACCESS TO BENEFITS

It will soon be easier for people from Roseville to North Tahoe to enroll in public benefits thanks to a new partnership with three community-based organizations. Starting this month under new contracts with Human Services funded by state dollars, the Latino Leadership Council, Sierra Community House and 211 Placer will be able to assist customers with applying for Medi-Cal, CalFresh and other key assistance programs. The partnership comes at a time of many changes to benefits systems: Earlier in 2024, Placer County transitioned to a new Medi-Cal managed care plan; eligibility for Medi-Cal also expanded statewide this year; and pandemic-linked supports ended last year, leading to more questions from enrollees. LEARN MORE

PLACER’S VETERANS SERVICES OFFICE HITS NEW RECORDS AS DEMAND FOR SERVICES SOARS

Placer County’s Veterans Services Office helped file a record 5,208 veteran claims last fiscal year – a more than 40% increase from the previous year, which itself was already a record high, according to data presented to the Board of Supervisors. Those claims led to a record $11,592,954 in awards for local veterans in 2022, another record and nearly five times the dollar amount awarded just a few years prior. Placer County has an estimated 25,000 veterans, and our county’s local Veterans Services Office assists them free of charge in filing claims and maximizing their VA benefits, from pensions to healthcare and education. Services are also available to veterans’ family members. LEARN MORE

OVER $3 MILLION AVAILABLE FOR PROJECTS THAT IMPROVE AIR QUALITY IN PLACER COUNTY

The Placer County Air Pollution Control District is accepting applications for projects that reduce localized air pollution. This year’s Clean Air Grant program boasts over $3 million in grant funds for projects that replace vehicles or equipment with the cleanest engines available or install infrastructure projects that support California’s transformation towards zero and near-zero emission technologies. The PCAPCD is accepting applications April 1 through May 31 at 5 p.m. With funding from the California Air Resources Board’s Carl Moyer and Community Air Protection Incentive Programs, and other state and local funds, Clean Air Grants reduce emissions of smog-forming pollutants in excess of those required by regulation. LEARN MORE

PLACER COUNTY FOOTHILLS GEARS UP FOR WILDFIRE SEASON WITH COMMUNITY EVENTS

With wildfire season on the horizon, Placer County foothill communities are taking action to protect their homes and neighborhoods. A series of events will equip residents with the knowledge and resources they need to reduce wildfire risks. Planned activities include defensible space work, hazardous vegetation removal, wildfire mitigation forums, a wildfire-related resource event and more. The Placer County Office of Emergency Services urges residents to attend events in their local area and participate in their local Firewise community district, which could result in receiving a fire insurance discount from the California Department of Insurance. Residents can search and find their local Firewise community online.

For more information or assistance forming a neighborhood Firewise community, residents can contact the Placer County Firewise Program coordinator at 530-886-3473 or fireready@placer.ca.gov.

WASTE TIRE AMNESTY EVENTS

In an effort to reduce illegal dumping, Recology, Placer County and the Bureau of Land Management are hosting a tire amnesty event for Placer County residents to dispose of up to 9* tires for free! Must be a residents of Placer County, no businesses. No tractor or commercial tires. Please remove rims from tires prior to drop-off.
LEARN MORE

Locations and times:
Foresthill Transfer Station | May 5 | 8am-3pm
Meadow Vista Transfer Station | May 5 | 8am-3pm
Auburn Transfer Station | May 18-19 | 8am-3pm
Sheridan Stewart Hall | May 19 | 8am-3pm

FORESTHILL | GREEN WASTE TUESDAYS ARE BACK

Foresthill residents: Is Spring clean-up or vegetation management for fire safety on your mind? To help, the Foresthill Transfer Station will be open an extra day, just for green waste, in May.

● When: Every Tuesday in May | 8 a.m. – 5 p.m. (closed for lunch)
● Where: Foresthill Transfer Station
● What: Green waste only (including log rounds up to 12”)
no food, pet or construction waste and no dirt, sod or rocks.

Bring proof of residency ● Tarp over and under your load ● Must empty your own load ● Questions? Call Recology at (530) 885-3735.

NEW YEAR-ROUND MEDICATION DISPOSAL OPTIONS AVAILABLE

Local agencies are encouraging residents to take advantage of permanent drop boxes and new mail-in options that offer a safe, free way to dispose of medication year-round. Keeping unused or expired medications around the house poses risks of accidental poisoning or addiction, and flushing or throwing away medication can harm the environment. Many of these new, safe disposal options are a result of Senate Bill 212, which required manufacturers of pharmaceutical drugs and medical sharps to fund take-back programs for safe and secure collection and disposal of their products.

Permanent drop boxes: There are 30 free, permanent drop box sites across Placer County, many at local pharmacies. Use this searchable database to find a location near you.

Mail-in disposal: There are free mail-in options for both medication and sharps/lancets. For either, complete the online form or call (844) 4-TAKE-BACK to request a pre-paid, pre-addressed mail-back package. Instructions are provided with all mail-back services. LEARN MORE

UPCOMING JOB CONNECTIONS

Placer County’s Business Advantage Network, together with the Employment Development Department, Golden Sierra Connections Centers, Department of Rehabilitation and other local agencies co-sponsors free monthly recruiting events called Job Connections. This is your opportunity to meet with employers
hiring right now. Come hear how to get hired and
stand out from other applicants. Don’t forget to "dress for success" and bring copies of your resume’s to these events. LEARN MORE

Upcoming Job Connections:

• Wednesday, May 8, 2024 | In-Person & Virtual | Register Here
• Wednesday, May 22, 2024| Virtual | Register Here

THE PLACER COUNTY SUPERIOR COURT IS SEEKING VOLUNTEERS TO SERVE ON THE 2024-2025 PLACER COUNTY GRAND JURY

The Superior Court of California, County of Placer is seeking volunteers to serve on the 2024-2025 Placer County Grand Jury. The Court encourages applications from all citizens to enable the grand jury to represent a broad cross-section of the Placer County community. The one-year term for successful applicants begins on July 1, 2024 and ends on June 30, 2025. The grand jury’s primary function is to examine governments within Placer County, inclusive of the county government, city governments, and special districts, to ensure that public agencies are conducting business in an appropriate and efficient manner. The Application Deadline is this Friday, May 3, 2024.
VIEW PRESS RELEASE + LEARN MORE

ADDITIONAL RESOURCES

Placer Business Resource Center

North Tahoe Community Alliance

Sierra Small Business Development Center

California State Treasurer's Office

Placer Alert notifies residents about emergency events and other important public safety information via phone call, text or email.
SIGN UP

Free, confidential, multilingual and available 24/7. Connect to resources for housing, food, transportation, healthcare, heat safety resources and more. Your source for non-emergency disaster information.
LEARN MORE

Visit our ReadyPlacer Dashboard for up-to-date road conditions, reported downed trees, what to do during a power outage and other winter preparedness tips.

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UPCOMING
MEETINGS & EVENTS

May 1
• Tahoe Transportation District Board Meeting

May 2
• Olympic Valley MAC
• Supervisor Chat

May 6
• Foresthill Forum

May 7
• Board of Supervisors

May 8
• Supervisor Chat

May 9
• North Tahoe RAC

May 14
• North Auburn MAC

May 15
• Weimar/ Applegate/ Colfax MAC

May 21
• Board of Supervisors

May 22
• TRPA

[VIEW PLACER'S
ONLINE CALENDAR]

CONTACT INFORMATION

175 Fulweiler Ave. | Auburn, CA 95603
www.placer.ca.gov

Supervisor Cindy Gustafson: cindygustafson@placer.ca.gov
Chief of Staff Sophie Fox: sfox@placer.ca.gov
District Director Bridget Powers: bpowers@placer.ca.gov
District Representative Alina Prescott: aprescott@placer.ca.gov