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04.26.23 HAB Packet CITY OF BOULDER HOUSING ADVISORY BOARD MEETING AGENDA DATE: April 26, 2023 TIME: 6 PM LOCATION: Hybrid Meeting – HAB Members will meet at the Brenton Building at 1136 Alpine Avenue – Public will access the meeting via a link posted the day of meeting 1. CALL TO ORDER AND ROLL CALL / 6:00 p.m. 2. WELCOME NEW HAB MEMBER – Karin Hoskin 3. AGENDA REVIEW 4. APPROVAL OF MINUTES a. March 22, 2023 – See attached 5. PUBLIC PARTICIPATION / 6:05 p.m. a. Open comment 6. MATTERS FROM THE BOARD / 6:10 p.m. a. Occupancy Reform – update and discussion (Input) – See attached o Karl Guiler, P&DS b. Boulder Junction Multi-Board Working Group Representative (Decision) c. Support for Planning Board letter on Airport (Decision) – Sent by P. Ogren d. Retreat Planning (Decision) o Chair and Vice-Chair propose June 13 (4-7pm) e. Move May HAB meeting from May 24 to May 31 (Decision) f. Chair and Vice-Chair selection (Decision) 7. MATTERS FROM STAFF / 8:40 p.m. a. Middle Income Downpayment Pilot update b. Advancing Racial Equity: The Role of Government – A Training Opportunity for the City of Boulder’s Boards, Commissions, & Committees – See attached 8. DEBRIEF MEETING AND CALENDAR CHECK / 8:50 p.m. 9. ADJOURNMENT / 9:00 p.m. Informational Item: Updates and education; no action to be taken Feedback: Discussion of board processes and items of interest; may result in action Input: Discussion and comments to shape staff work on housing issues, projects, and policies; no action taken Decision: Vote on board processes, work plan, agenda items, etc. Recommendation: Vote on the board’s input to city council For more information, please contact the HAB Secretary at 303.441.3097, or via email at bollert@bouldercolorado.gov. Board agendas are available online at: https://bouldercolorado.gov/boards- commissions/housing-advisory-board. Please note agenda item times are approximate. HOUSING ADVISORY BOARD Summary Minutes: 03/22/23 HAB Members In person: Brenton Building, 1136 Alpine Ave, Community Virtual (Zoom) BOARD MEMBERS PRESENT: Michael Leccese, Chair Danny Teodoru, Vice Chair Terry Palmos Philip Ogren Julianne Ramsey Karen Klerman STAFF PRESENT: Jay Sugnet Tiffany Boller Lisa Houde Karl Guiler 1. CALL TO ORDER AND ROLL CALL / 6:01 p.m. 2. WELCOME NEW HAB MEMBER Karen Klerman 3. AGENDA REVIEW 4. APPROVAL OF MINUTES a. February 22, 2023 – Palmos Motions to approve, Teodoru seconded. Approved 5-0, with Klerman abstaining 5. PUBLIC PARTICIPATION / 6:08 p.m. a. Open comment i. David Adamson 6. Philip Ogren – Shared information regarding the Airport Community Conversation a. Some options: Grow it, improve it, or decommission all or part as per the Comprehensive Plan directive “…the city will work with the community to reassess the potential for developing a portion of the airport for housing and neighborhood- serving uses”. b. Leccese – would like Ogren to present an update at the next meeting after he attends the next airport meeting in April and discuss with HAB any feedback to be provided . 7. MATTERS FROM THE BOARD / 6:22 p.m. a. ADU Code Update i. Staff presentation – Lisa Houde, P&DS ii. Public comment 7:03pm 1. Mark Fearer 2. Lynn Segal iii. Board questions, discussion and recommendation 1. Leccese – what other recommendations might city council look at in the future? 2. Teodoru – believes the proposal and recommendations are going in right direction 3. Palmos – believes getting rid of saturation limits is a great win 4. Ramsey – Supports the proposal and streamlining the approval process in particular 5. Ogren – would like to revisit the parking and car limits in the future 6. Leccese – Teodoru motions to support recommendation, Palmos seconds the motion, approved 6-0 b. Zoning for Affordable Housing, continued 7:24pm i. Staff presentation – Karl Guiler, P&DS ii. Board discussion 1. Palmos – Diagonal Plaza example was very informative 2. Leccese – would like to have a parking discussion at a future meeting 8. MATTERS FROM STAFF / 8:49 p.m. a. Addressing Racial Equality: The Role of Government – training opportunities b. Karl Guiler – will return to discuss occupancy c. Retreat – discuss at April meeting d. Leccese – would like airport updates on agenda e. Chair selection in April (not discussed at the meeting) 9. DEBRIEF MEETING AND CALENDAR CHECK / 8:57 p.m. a. Next meeting: April 26, 2023 10. ADJOURNMENT / 9:00 p.m. a. Palmos motions to adjourn, Ogren seconds. 5-0 approved APPROVED BY      _________________________________  Board Chair      _________________________________  DATE    HOUSING ADVISORY BOARD MEMORANDUM TO: Housing Advisory Board FROM: Brad Mueller, Director of Planning & Development Services Charles Ferro, Senior Planning Manager Karl Guiler, Senior Policy Advisor DATE: April 26, 2023 SUBJECT: Occupancy Reform update and discussion ______________________________________________________________________________ EXECUTIVE SUMMARY The purpose of this item is to update and discuss the Occupancy Reform project with Housing Advisory Board and receive feedback on the project. This project is one of three land use code amendment projects associated with the 2022-2023 City Council initiated Planning and Development Services work program focused on addressing the housing crisis. The board discussed the Zoning for Affordable Housing project and provided a recommendation to City Council on an ordinance to change the city’s Accessory Dwelling Units (ADU) regulations on March 22, 2023. City Council provided direction on potential options presented on Occupancy Reform on March 9, 2023. It is anticipated that an ordinance to change the occupancy limits will advance to Housing Advisory Board and Planning Board in the late summer 2023. This update is an opportunity for the board to provide feedback on the projects and the options before returning to City Council for more guidance in June. The State of Colorado legislature recently introduced a bill (SB 23-213) that, if passed, would impact local government zoning regulation on a number of land use related issues such as occupancy, housing types, ADUs, and parking regulations. This is something that the city is currently watching closely. A summary of the proposed legislation is also found at this link. At this time, staff is planning to proceed with these work program items as planned independent of the proposed state legislation. Passage and the form of any state legislation is uncertain at this time. If and when any such legislation passes, additional ordinances may be brought forward to in the future related to such state legislation. The purpose of this item is to receive Housing Advisory Board feedback solely on the Occupancy Reform project. QUESTIONS FOR HOUSING ADVISORY BOARD 1. Does Housing Advisory Board have any questions on the city’s occupancy regulations? 2. Does Housing Advisory Board have any questions related to the occupancy reform project? 3. What feedback does the board have regarding the options that City Council has requested for further analysis? BACKGROUND At its retreat in 2022 and its discussion at a study session in November 2022, City Council identified updating the occupancy regulations as one of their top work program priorities for 2022-2023. The city currently has a 3 unrelated people per unit limit in lower density residential areas and 4 unrelated people limit outside those areas. The council direction was to “perform a comparative analysis from other communities, develop a model occupancy approach, and solicit community input for ordinance revisions.” Staff plans to complete the project by August 2023. On March 9, 2023, staff presented an overview of the project including the background, scope and timeline, community engagement received thus far, information on how other cities regulate occupancy and suggested potential options for council to provide feedback. A full description of City Council feedback is provided below. In summary, council directed staff to explore the options of increasing the occupancy citywide to 4 unrelated people per unit or 5 unrelated people per unit. The council also requested that engagement be expanded to include people most impacted by housing challenges. Some council members asked staff to reconsider the city’s current family definition. The city’s current occupancy regulations can be found at this link and the definition of “Family” is at this link. For a full background on the project, the analysis of other community regulations and all the potential options presented to City Council, see the March 9th memorandum at this link. PUBLIC AND STAKEHOLDER ENGAGEMENT Community Engagement In addition to conversations with the public on the issues of occupancy and zoning for affordable housing, staff has continued community engagement on the project by including updates in the Planning and Development Services newsletter, updating the project websites, and reaching out to interested neighborhood representatives and housing advocacy groups with an outreach event on Feb. 22nd where occupancy, along with other housing and inclusionary housing code change projects were discussed. With occupancy being raised at the City Council level in previous years and considering the Bedrooms Are For People initiative in the 2021 referendum, the community conversation on occupancy has been ongoing for several years. Some community surveys have indicated support for occupancy reform despite the ballot measure not passing. City Council and staff have received a significant number of emails both for and against changes to occupancy limitations in recent weeks. Viewpoints in favor of changing occupancy limits include the following points: • Increasing occupancy allowances will increase housing opportunities for those struggling to find housing or those struggling to stay in Boulder • Such changes are consistent with Boulder’s housing and racial equity goals • Impacts from increased occupancy isn’t necessarily any more than that of a large family living in a residence • Any impacts should be addressed directly by enforcement and not indirectly through occupancy restrictions • Students often need to live together in violation of occupancy rules because the cost of housing is too high • More flexibility in occupancy limits will equate to reduced violations or decreased enforcement cases related to occupancy • More housing supply options will address the increasing costs of housing due to low supply Viewpoints opposed to or cautious about changing the occupancy limits include the following points: • Increasing housing supply alone will not make a difference or move the needle on affordable housing as it will not result in more affordable housing options or a reduction in housing costs. As the demand to live in Boulder is so high, adding housing will only result in increased quantity of expensive housing • If Boulder wants more affordable housing, it should significantly increase in lieu fees, commercial linkage fees and/or control rental prices to obtain more deed restricted affordable housing • Single-family owners who bought their homes with certain expectations will be disproportionately impacted if occupancy is increased • Not every neighborhood should be treated the same. Many university-adjacent neighborhoods are more impacted by over-occupancy and impacts from student housing etc. Perhaps neighborhoods should vote on whether to allow changes in their own neighborhoods rather than decisions being made at the City Council level • Increasing occupancy limits will increase the burden on neighbors to monitor for noise, trash or parking impacts and increase conflict between residents • Increase occupancy will just make more money for landlords and property management companies Board and City Council Feedback to Date Planning Board Planning Board is set to discuss Occupancy Reform at its April 18, 2023 meeting. Staff will update the Housing Advisory Board as part of the presentation on Planning Board’s feedback. City Council A summary of the City Council direction from March 9th is below: 1. Majority Support for Increasing the Occupancy Limit per unit to 4 or 5 citywide (Option B): Eight council members supported moving forward with Option B, but that more engagement with the community would be necessary to inform whether the limit of unrelated persons should be 4 or 5. Four council members expressed a preference for 5 unrelated, while two leaned to 4 unrelated. One council member did not support increasing occupancy against the will of voters unless a new well vetted option was put before the community for a vote. Three council members expressed interest in Option F, which was to increase occupancy citywide but exempting out any increase from some university adjacent neighborhoods, but the majority of council members guided staff to pursue Option B. Three council members indicated interest in eventually removing occupancy limits altogether (“Option Z”) but acknowledged that maybe now is not the right time. 2. Community Engagement: All council members were in support of increased community engagement on Option B and requested that staff try to reach out to and engage people that are not typically engaged in the city’s engagement processes. Several university, special interest, rental and student groups were referenced as groups to reach out to. There was also interest in exploring how the changes would meet the city’s Racial Equity goals and encouragement to get the input of the Community Connectors-in-Residence. 3. Family Definition: Several council members felt that the city’s definition of family should be vetted in the community to inform whether the definition should be modified. ANALYSIS Occupancy Reform – The analysis section of the March 9th memo provides background information on occupancy, discusses how Boulder currently regulates occupancy, how other communities regulate occupancy, and outlines potential options for changes to Boulder’s regulations consistent with the purpose, and goals and objectives. NEXT STEPS Based on the feedback from council, staff will move forward with public engagement, further analysis of Option B and begin ordinance drafting. Staff anticipates returning to City Council in June to receive more feedback based on community input. An ordinance is tentatively scheduled to go to Planning Board for its recommendation and a public hearing in July, and then to City Council in August. Please follow the link through and select your preferred date and time! We will email you direct information on how to access the film prior to the date of your training to watch on your own time. We will also share with you information on attending the training on the day you have selected, whether that will be virtually or in-person.   Sign up Genius Race is often the greatest predictor of access to success in our current system. The creation and perpetuation of racial inequities is embedded into government at all levels. Initially focusing on racial equity provides the opportunity to introduce a framework, tools, and resources that can also be applied to other historically excluded groups based on gender, sexual orientation, ability, class, and age, among others. To read more about the City of Boulder’s Racial Equity Plan, please follow this link. What is the training about? How to sign up for the training?   Why lead with Racial Equity? If you have difficulties signing up, have any questions, or need any accommodations that will serve you in your experience please don’t hesitate to reach out to vasquezi@bouldercolorado.gov or avendano- curiela@bouldercolorado.gov. As part of this training, the city utilizes a documentary called Race: The Power of an Illusion. This is an award-winning documentary series created by California Newsreel discussing the origins, beliefs, and consequences of what this social construct we call race has had in our society. Since its release in 2003, the series has become one of the most widely used documentaries for educational and training purposes. Exploring the concept of race opens the door for individuals to scrutinize their own deep-seated beliefs about race and explore how our social divisions are not natural or inevitable but constructed. Advancing racial equity requires us to look at the origins of race to understand its history, its impacts and how we move beyond to ensure an equitable and just future for all. It is an essential part of your participation to view this film ahead of the actual training. You will be given detailed instructions on how to access the film once you have registered to attend. Advancing Racial Equity: The Role of Government A Training Opportunity for the City of Boulder’s Board, Commissions, & Committees Why take this training? The City of Boulder has an important role to play in welcoming, supporting and serving people of diverse backgrounds in our community and in government processes. While we have done valuable equity work in the past, including the creation of a diversity policy two decades ago, a 2017 inclusivity assessment showed us that the impact of traditional diversity and inclusion efforts has been limited. Input from community members of color who bravely shared their perspectives and lived experiences made it clear there is significant work to do. Through shared learning with the Government Alliance on Race and Equity (GARE), the city developed an understanding to the role institutional racism has played in perpetuating current racial inequities and developed a vision to advance racial equity. In 2021 Council unanimously approved the city’s first ever Racial Equity Plan. The Plan provides strategies to advance equity work across the institution. As a member of a Board, Commission and/or Committee, you are a part of the city organization, and therefore, you serve a vital role in the policy-making process. Your commitment to serve the community and understand all the areas in which we can continue to strengthen is crucial.