Housing Element Rezone Program
The City of Upland is moving forward with the implementation of portions of the Housing Element as outlined in program 6 and program 8, which includes various rezones and modifications to the Upland Zoning Code.
To view the Housing Element rezone map (click link) (select "Housing Element Rezoning").
Adopted 2021-2029 Housing Element
To view the City of Upland's Resolution No. 6801 for the Adopted 2021-2029 Housing Element click link.
The public is encouraged to participate and provide comments on the Housing Element Update. for more information click on the notices below.
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Notice of Public Hearing of the Planning Commission - 8/21/24
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Notice of Public Hearing of the Planning Commission - 10/5/22
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Notice of Public Hearing of the Planning Commission - 3/23/2022
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Notice of Special Public Hearing of the Planning Commission - 3/9/2022
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Notice of Special Joint Meeting of the City Council and Planning Commission - 9/23/2021
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Notice of Special Joint Meeting of the City Council and Planning Commission - 2/25/2021
Meeting agendas, packets, and minutes can also be found on the City Council and Planning Commission website (click link).
The 5th draft was available for review from May 9, 2024, through May 16, 2024.
State law requires each city to adopt a comprehensive, long-term General Plan for its physical development. General Plans include several “elements” that address various topics. Upland’s General Plan includes the following elements:
- Land Use Element
- Focus Areas Element
- Community Character Element
- Economic Sustainability Element
- Circulation Element
- Open Space-Conservation Element
- Public Facilities Element
- Healthy Community Element
- Safety Element
- Housing Element
While most General Plans have a time horizon of 20-25 years, Housing Element updates must be prepared every 8 years. Housing Element planning periods are sometimes referred to as “cycles”. The current Upland Housing Element covers the planning period extending from 2013 to 2021, which is referred to as the “5th Housing Element cycle” in reference to the five required updates that have occurred since the comprehensive revision to State Housing Element law in 1980. Every city and county in the Southern California Association of Governments (“SCAG”) region is required to prepare a Housing Element update for the 6th cycle, which spans the 2021-2029 period. The SCAG region includes Los Angeles, Orange, Riverside, San Bernardino, Ventura and Imperial counties.
State law establishes detailed requirements for Housing Elements. The overarching requirement is set forth in California Government Code Section 65583:
The housing element shall consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing. The housing element shall identify adequate sites for housing, including rental housing, factory-built housing, mobile homes, and emergency shelters, and shall make adequate provision for the existing and projected needs of all economic segments of the community.
The State Legislature has delegated to the California Department of Housing and Community Development (“HCD”) the authority to review Housing Elements and issue findings regarding the elements’ compliance with the law. When HCD issues a letter finding that the Housing Element is in substantial compliance it is referred to as “certification” of the Housing Element. HCD has determined that Upland’s current Housing Element is in full compliance with State law.
Housing Element certification is important for two main reasons:
- Local control. The General Plan and its various elements provide the foundation for the City’s land use plans and development regulations, and the Housing Element is part of the General Plan. If the City were challenged in court on a planning or development matter and the General Plan were found by the court to be invalid, the court could order changes to City land use plans or regulations and assume control over City land use decisions. HCD certification establishes a “rebuttable presumption of validity” that the Housing Element is adequate under State law, which would support the City’s legal defense. Recent laws also allow courts to impose fines if a jurisdiction fails to adopt a compliant Housing Element.
- Eligibility for grant funds. Some State grant funds are contingent upon Housing Element
The major issues that must be addressed in the Housing Element are: 1) how City policies, plans and regulations help to meet the region’s housing needs for households of all income levels; and 2) how City land use regulations accommodate the special housing needs of persons with disabilities or other difficulties.
- Accommodating Regional Housing Needs. Under State law7 all cities are required to plan for additional housing to accommodate population growth and existing housing problems such as overcrowding and high housing cost. State law recognizes that cities generally do not build housing, since that is typically the role of private and non-profit developers and builders. However, cities are required to adopt policies, development regulations and standards to encourage a variety of housing types that are affordable for persons of all income levels, including multi-family rental housing and accessory dwelling units (“ADUs”). The Regional Housing Needs Assessment (“RHNA”) is the method by which each jurisdiction’s share of new housing needs is determined (see #5 below).
- Housing for Persons with Special Needs. Under State law8 cities must also ensure that their plans and regulations encourage the provision of housing for persons with special needs including:
- Reasonable accommodation for persons with disabilities
- Transitional housing
- Supportive housing
- Emergency shelters
- Large (5 ) families
By definition, housing is generally considered “affordable” when total housing cost, including utilities, is no more than 30% of a family’s gross income. State law describes five income categories, which are based on county median income as shown in Table 1.
Affordable housing costs for all jurisdictions in San Bernardino County that correspond to these income categories are shown in Table 2.
Each California city is required to plan for new housing to accommodate its share of regional needs. The Regional Housing Needs Assessment (“RHNA”) is the process established in State law by which housing needs are determined.
Prior to each planning cycle the total housing need for each region of California is determined by HCD based upon economic and demographic trends, existing housing problems such as overcrowding and overpayment, and additional housing needed to ensure reasonable vacancy rates and replace units lost due to demolition or natural disasters. The total housing need for the SCAG region is then distributed to cities and counties by SCAG based upon objectives and criteria established in State law.
In 2019 HCD determined that the total new housing need for the entire SCAG region in the 6th Housing Element cycle is 1,341,834 units. SCAG is currently preparing the RHNA plan for the 6th planning cycle, which must fully allocate the total RHNA to the jurisdictions in the SCAG region. SCAG expects to adopt the final RHNA plan in March 2021.
Table 3 shows the preliminary draft RHNA allocations for Upland, San Bernardino County, and the entire SCAG region.
The RHNA also distributes total housing need to the income categories described in Table 2 (the extremely-low and very-low categories are combined for RHNA purposes). The draft 6th cycle RHNA allocation by income category for Upland is shown in Table 4.
