HomeMy WebLinkAbout022123-08.1
ADMINISTRATIVE STAFF REPORT 8.1
TO: Mayor and Town Council February 21, 2023
SUBJECT: Resolution No. 10-2023, re-adopting the Town’s 2023-2031 Housing
Element of the General Plan GPA22-0001
BACKGROUND
In accordance with State law enacted in 1969, the Housing Element is a required
component of a community’s General Plan and must be updated every eight years. This
will be the sixth time (often referred to as the 6th cycle) that communities in California
update their Housing Elements for an upcoming eight-year planning period, spanning
2023 through 2031. By law, these adopted Housing Elements must then be certified by
the California Department of Housing and Community Development (State HCD).
Discussion
On January 17, 2023, the Danville Town Council held a public hearing to consider public
testimony and adopted the Danville 2023-2031 Housing Element. Subsequently, it was
brought to the Town’s attention that the draft Housing Element had not been available
for review on the Town’s website for the full seven days prior to the public hearing, as
required by Government Code Section 65585(b)(1).
Consequently, this additional public hearing ensures that all procedural elements
associated with the Danville 2023-2031 Housing Element adoption have been met. No
substantive changes have been made to the Housing Element since the Town Council’s
original approval on January 17, 2023. All other actions associated with the Danville 2023-
2031 Housing Element - such as general plan amendments, rezones, and certification of
the Final Programmatic Environmental Impact Report – remain in place and are
unaffected by this re-adoption.
NOTIFICATION
Notification regarding the Town Council public hearing was published in a newspaper
of general circulation. Property owners whose property is on the Housing Opportunity
Sites list received an owner-specific letter.
Re-Adopting 2023-2031 2 February 21, 2023
Housing Element
RECOMMENDATION
Approve Resolution No. 10-2023, re-adopting the Town’s 2023-2031 Housing Element of
the General Plan GPA22-0001.
Prepared by:
David Crompton
Chief of Planning
Reviewed by:
Tai J. Williams
Assistant Town Manager
Attachment: Resolution No. 10-2023
Exhibit 1 – Housing Element Findings
RESOLUTION NO. 10-2023
RE-ADOPTING THE TOWN’S 2023-2031 HOUSING ELEMENT
OF THE GENERAL PLAN GPA22-0001
WHEREAS, the California Legislature has found that “California has a housing supply
and affordability crisis of historic proportions. The consequences of failing to effectively
and aggressively confront this crisis are hurting millions of Californians, robbing future
generations of the chance to call California home, stifling economic opportunities for
workers and businesses, worsening poverty and homelessness, and undermining the
state’s environmental and climate objectives” (Gov. Code Section 65589.5.); and
WHEREAS, the Legislature has further found that “Among the consequences of those
actions are discrimination against low-income and minority households, lack of housing
to support employment growth, imbalance in jobs and housing, reduced mobility, urban
sprawl, excessive commuting, and air quality deterioration” (Gov. Code Section 65589.5.);
and
WHEREAS, the Legislature recently adopted the Housing Crisis Act of 2019 (SB 330)
which states that “In 2018, California ranked 49th out of the 50 states in housing units per
capita… California needs an estimated 180,000 additional homes annually to keep up
with population growth, and the Governor has called for 3.5 million new homes to be
built over seven years;” and
WHEREAS, State Housing Element Law (Government Code Sections 65580 et seq.)
requires that the Town Council adopt a Housing Element for the eight-year period 2023-
2031 to accommodate the Town of Danville’s regional housing need allocation (RHNA)
of 2,241 housing units, comprised of 652 very-low units, 376 low-income units, 338
moderate-income units, and 875 above moderate-income units; and
WHEREAS, to comply with State Housing Element Law, the Town of Danville has
prepared Housing Element 2023-2031 in compliance with State Housing Element Law
and has identified sites that can accommodate housing units meeting the Town’s RHNA;
and
WHEREAS, as provided in Government Code Section 65350 et. seq., adoption of the
Housing Element constitutes a General Plan Amendment (GPA22-0001); and
WHEREAS, the Danville Town Council adopted 2023-2031 Housing Element of the
General Plan after considering all information related to the project at its January 17, 2023
special meeting; and
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WHEREAS, it was brought to the Town’s attention that the draft Housing Element had
not been available for review on the Town’s website for the full seven days prior to the
public hearing, as required by Government Code Section 65585(b)(1); and
WHEREAS, an additional seven-day public review period has been provided to ensure
all procedural elements associated with the Danville 2023-2031 Housing Element
adoption has been met; and
WHEREAS, no substantive changes have been made to the Housing Element since the
Town Council’s original approval on January 17, 2023; and
WHEREAS, all other actions associated with the Danville 2023-2031 Housing Element -
such as general plan amendments, rezones, and certification of the Final Programmatic
Environmental Impact Report – remain in place and are unaffected by this re-adoption;
now, therefore, be it
RESOLVED, that the Danville Town Council hereby finds as follows:
2023-2031 Housing Element (GPA22-0001)
SECTION 1. The foregoing recitations are true and correct and are
incorporated by reference into this action:
SECTION 2. The 2023-2031 Housing Element of the General Plan substantially
complies with Housing Element Law, as provided in Government Code 65580 et seq.
and is consistent with the Land Use and other elements of the Town's General Plan.
The proposed amendments are required to bring the Housing Element into
consistency with State law and are consistent with sound planning principles in that
the proposed policies and proposed implementing regulations are compatible and
ensure that the goals and policies of the General Plan can be adequately implemented
to achieve the community's vision. Findings documenting the Housing Elements
consistency with all State Housing Element Law requirements are included as
Attachment 1 of this Resolution.
SECTION 3. As required by Government Code Section 65585(e), the Town
Council has considered the comments made by the Department of Housing and
Community Development (HCD) included in the Department's letter to the Town
dated November 10, 2022. Consistent with Government Code Section 65585(f), the
Town has modified the draft Housing Element in response to the comments of the
Department to substantially comply with the requirements of Article 10.6 of the
Government Code as interpreted by HCD.
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SECTION 4. There is a real and substantial relationship of the Danville Housing
Element to the general welfare of the Town and the entire region. Danville has
adequately researched and considered the numerous competing interests in the region
and, in view of the demonstrated need for new housing, the approval constituted a
reasonable accommodation of those interests.
SECTION 5. Based on substantial evidence in the record, the existing uses on the
non-vacant sites identified in the site inventory to accommodate the RHNA are likely to
be discontinued during the planning period and therefore do not constitute an
impediment to planned residential development on the site during the planning period.
Section 65583.2(g)(2) of the Government Code requires that any jurisdiction relying on
non-vacant sites to meet more than 50 percent of the RHNA for lower-income households
must make findings that the existing use on the non-vacant site is not an impediment to
residential development during the planning period. The findings must be made on
substantial evidence that the existing use is likely to be discontinued during the planning
period. In Danville, more than 50 percent of the lower-income capacity is on non-vacant
sites. The Town has provided such substantial evidence in Appendix C of the Housing
Element that the existing uses will be discontinued during the planning period. This is
based on the physical characteristics, existing uses, redevelopment potential (including
improvement to land value ratio, floor area ratio, and known developer interest), location
and context, local knowledge, and environmental and infrastructure constraints. All of
the non-vacant sites contain older buildings nearing the end of their useful life and/or
property owners have indicated a desire to redevelop with multifamily housing. Also, as
extensively detailed in Appendix C, the Town has a track record showing similar
properties redeveloping with multifamily or mixed use developments. In addition, the
Town has demonstrated that none of the proposed sites are currently under consideration
or have expressed interest in intensifying the existing non-residential use or redeveloping
to a non-residential use. The age of construction, vacancy rate, low improvement values,
low FAR, and owner interest indicate that reuse of these sites with housing development
during the planning period is likely.
SECTION 6. The 2014-2022 Housing Element of the General Plan is hereby
repealed in its entirety and the 2023-2031 Housing Element (Attachment 1) is
approved.
SECTION 7: The Chief of Planning, after the Town Council’s approval, is
hereby directed to file all necessary material with the Department of Housing and
Community Development for the Department to find that the 2023-2031 Housing
Element is in conformance with State law; and, be it further
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RESOLVED, that the Danville Town Council re-adopts the Danville 2023-2031 Housing
Element.
APPROVED by the Danville Town Council at a regular meeting on February 21, 2023
by the following vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
______________________________
MAYOR
APPROVED AS TO FORM: ATTEST:
_______________________________ ______________________________
CITY ATTORNEY CITY CLERK
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EXHIBIT 1 OF RESOLUTION NO. 10-2023
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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.
See below for specific references
The housing element shall identify adequate sites for housing, including rental housing,
factory-built housing, mobilehomes, and emergency shelters, and shall make adequate
provision for the existing and projected needs of all economic segments of the community.
The element shall contain all of the following:
(a) An assessment of housing needs and an inventory of resources and constraints
relevant to the meeting of these needs. The assessment and inventory shall include all of
the following:
Needs: See Appendix A
Resources: Appendix C
Constraints: Appendix B (a)(1) An analysis of population and employment trends and documentation of projections Appendix A, H-A-5 et seq.
(a)(1) A quantification of the locality’s existing and projected housing needs for all income levels, including extremely low income households, as defined in subdivision (b) of Section 50105 and Section 50106 of the Health and Safety Code. These existing and projected needs shall include the locality’s share of the regional housing need in
accordance with Section 65584. Local agencies shall calculate the subset of very low
income households allotted under Section 65584 that qualify as extremely low income households. The local agency may either use available census data to calculate the percentage of very low income households that qualify as extremely low income households or presume that 50 percent of the very low income households qualify as
extremely low income households. The number of extremely low income households and
very low income households shall equal the jurisdiction’s allocation of very low income households pursuant to Section 65584.
H-A-17 et seq.
(a)(2) An analysis and documentation of household characteristics, including level of payment compared to ability to pay, H-A-41 et seq.
(a)(2) housing characteristics, including overcrowding, and H-A-47 et seq.
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EXHIBIT 1
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(a)(2) housing stock condition. H-A-27 et seq.
(a)(3) An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment
during the planning period to meet the locality’s housing need for a designated income
level, and an analysis of the relationship of zoning and public facilities and services to these sites, and an analysis of the relationship of the sites identified in the land inventory to the jurisdiction’s duty to affirmatively further fair housing. Note: Please see Section 65583.2 regarding the land inventory.
Appendix C, H-C-9 et seq., as well as spreadsheet inventory
[Note that AB 2339 (Chapter 654, Statutes of 2022) amended Section 65583(a)(4). It does not apply to ABAG-area housing elements unless the first draft of the housing element is submitted to ABAG after January 31, 2023 or a draft is submitted after April 1, 2023. Therefore the sections below include the statutory provisions of Section 65583(a)(4) effective in 2022. Jurisdictions adopting their housing element after January 1, 2023 should describe why AB 2339 is not applicable to them.]
(a)(4)(A) The identification of a zone or zones where emergency shelters are allowed as
a permitted use without a conditional use or other discretionary permit. The identified zone or zones shall include sufficient capacity to accommodate the need for emergency shelter identified in paragraph (7), except that each local government shall identify a zone or zones that can accommodate at least one year-round emergency shelter.
Appendix B, H-B-26 et seq., and
Appendix G, program 7.1.k
(a)(4)(A) If the local government cannot identify a zone or zones with sufficient capacity, the local government shall include a program to amend its zoning ordinance to
meet the requirements of this paragraph within one year of the adoption of the housing
element. The local government may identify additional zones where emergency shelters are permitted with a conditional use permit.
Appendix B, H-B-26 et seq., and Appendix G, program 7.1.k
(a)(4)(A) The local government shall also demonstrate that existing or proposed permit processing, development, and management standards are objective and encourage and facilitate the development of, or conversion to, emergency shelters.
Appendix B, H-B-26 et seq., and Appendix G, program 7.1.k
(a)(4)(A) Emergency shelters may only be subject to those development and management standards that apply to residential or commercial development within the same zone except that a local government may apply written, objective standards that include all of the following:
Appendix B, H-B-26 et seq., and Appendix G, program 7.1.k
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(i) The maximum number of beds or persons permitted to be served nightly by the
facility.
(ii) Sufficient parking to accommodate all staff working in the emergency shelter, provided that the standards do not require more parking for emergency shelters than other residential or commercial uses within the same zone. (iii) The size and location of exterior and interior onsite waiting and client intake areas.
(iv) The provision of onsite management.
(v) The proximity to other emergency shelters, provided that emergency shelters are not required to be more than 300 feet apart. (vi) The length of stay. (vii) Lighting.
(viii) Security during hours that the emergency shelter is in operation.
(a)(4)(B) The permit processing, development, and management standards applied under
this paragraph shall not be deemed to be discretionary acts within the meaning of the
California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
Appendix B, H-B-26 et seq., and
Appendix G, program 7.1.k
(a)(4)(C) A local government that can demonstrate to the satisfaction of the department
the existence of one or more emergency shelters either within its jurisdiction or pursuant to a multijurisdictional agreement that can accommodate that jurisdiction’s need for emergency shelter identified in paragraph (7) may comply with the zoning requirements of subparagraph (A) by identifying a zone or zones where new emergency shelters are
allowed with a conditional use permit.
Appendix B, H-B-26 et seq., and
Appendix G, program 7.1.k
(a)(4)(D) A local government with an existing ordinance or ordinances that comply with this paragraph shall not be required to take additional action to identify zones for
emergency shelters. The housing element must only describe how existing ordinances, policies, and standards are consistent with the requirements of this paragraph.
Appendix B, H-B-26 et seq., and Appendix G, program 7.1.k
(a)(5) An analysis of potential and actual governmental constraints upon the
maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and [Note: The types of housing identified in Section 65583(c)(1) include multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive
See entirety of Appendix B
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housing, single-room occupancy units, emergency shelters, and transitional
housing.]
(a)(5) for persons with disabilities as identified in the analysis pursuant to paragraph (7), Appendix B, H-B-27 et seq.
(a)(5) including land use controls, H-B-10 et seq.
(a)(5) building codes and their enforcement, H-B-22
(a)(5) site improvements, H-B-16
(a)(5) fees and other exactions required of developers, H-B-20 et seq.
(a)(5) local processing and permit procedures, H-B-22 et seq.
(a)(5) and any locally adopted ordinances that directly impact the cost and supply of residential development. H-B-15 et seq.
(a)(5) The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Section 65584
H-B-28; see also programs 2.1.a, 6.1.b, 6.1.d, 6.1.e,. 6.1.f and others
(a)(5) and from meeting the need for housing for persons with disabilities, supportive housing, transitional housing, and emergency shelters identified pursuant to paragraph
(7).
See programs 4.1.b, 6.1.b, 7.1.a, 7.1.b, 7.1.c, 7.1.d, 7.1.e, 7.1.g, 7.1.h, 7.1.i,
7.1.j, 7.1.k, 7.1.l, 7.1.m, 7.1.n, 7.2.a,
7.2.b, 7.2.c, 7.2.d, 10.3.d, and all programs in the AFFH’s fair housing action plan, Appendix D. (a)(6) An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing,
H-B-2
(a)(6) the price of land, H-B-2
(a)(6) the cost of construction, H-B-3 et seq.
(a)(6) the requests to develop housing at densities below those anticipated in the analysis
required by subdivision (c) of Section 65583.2,
H-B-9
(a)(6) and the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder
the construction of a locality’s share of the regional housing need in accordance with Section 65584.
H-B-9
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(a)(6) The analysis shall also demonstrate local efforts to remove nongovernmental
constraints that create a gap between the locality’s planning for the development of
housing for all income levels and the construction of that housing.
H-B-9
(a)(7) An analysis of any special housing needs, such as those of the See Appendix A
(a)(7) elderly; H-A-54 et seq.
(a)(7) persons with disabilities, including a developmental disability, as defined in Section 4512 of the Welfare and Institutions Code; H-A-55 et seq.
(a)(7) large families; H-A-50 et seq.
(a)(7) farmworkers; H-A-65 et seq.
(a)(7) families with female heads of households; H-A-52 et seq.
(a)(7) and families and persons in need of emergency shelter. H-A-59 et seq.
(a)(7) The need for emergency shelter shall be assessed based on the capacity necessary
to accommodate the most recent homeless point-in-time count conducted before the start of the planning period, the need for emergency shelter based on number of beds available on a year-round and seasonal basis, the number of shelter beds that go unused on an average monthly basis within a one-year period, and the percentage of those in emergency shelters that move to permanent housing solutions.
H-A-59 et seq. And see discussion in
constraints Appendix, H-B-26 et seq
(a)(7) The need for emergency shelter may be reduced by the number of supportive housing units that are identified in an adopted 10-year plan to end chronic homelessness
and that are either vacant or for which funding has been identified to allow construction
during the planning period.
H-A-59 et seq. And see discussion in constraints Appendix, H-B-26 et seq
(a)(7) An analysis of special housing needs by a city or county may include an analysis
of the need for frequent user coordinated care housing services.
H-A-59 et seq. And see discussion in
constraints Appendix, H-B-26 et seq
(a)(8) An analysis of opportunities for energy conservation with respect to residential
development. Cities and counties are encouraged to include weatherization and energy efficiency improvements as part of publicly subsidized housing rehabilitation projects. This may include energy efficiency measures that encompass the building envelope, its heating and cooling systems, and its electrical system.
Base document, H-3
(a)(9) An analysis of existing assisted housing developments that are eligible to change from low-income housing uses during the next 10 years due to termination of subsidy
contracts, mortgage prepayment, or expiration of restrictions on use. “Assisted housing
H-A-31 et seq.
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developments,” for the purpose of this section, shall mean multifamily rental housing
that receives governmental assistance under federal programs listed in subdivision (a) of
Section 65863.10, state and local multifamily revenue bond programs, local redevelopment programs, the federal Community Development Block Grant Program, or local in-lieu fees. “Assisted housing developments” shall also include multifamily rental units that were developed pursuant to a local inclusionary housing program or used to
qualify for a density bonus pursuant to Section 65915.
(a)(9)(A) The analysis shall include a listing of each development by project name and
address, the type of governmental assistance received, the earliest possible date of
change from low-income use, and the total number of elderly and nonelderly units that could be lost from the locality’s low-income housing stock in each year during the 10-year period. For purposes of state and federally funded projects, the analysis required by this subparagraph need only contain information available on a statewide basis.
H-A-31 et seq.
(a)(9)(B) The analysis shall estimate the total cost of producing new rental housing that is comparable in size and rent levels, to replace the units that could change from low-income use, and an estimated cost of preserving the assisted housing developments. This cost analysis for replacement housing may be done aggregately for each five-year period
and does not have to contain a project-by-project cost estimate.
H-A-31 et seq.
(a)(9)(C) The analysis shall identify public and private nonprofit corporations known to
the local government that have legal and managerial capacity to acquire and manage these housing developments.
H-A-31 et seq.
(a)(9)(D) The analysis shall identify and consider the use of all federal, state, and local
financing and subsidy programs that can be used to preserve, for lower income households, the assisted housing developments, identified in this paragraph, including, but not limited to, federal Community Development Block Grant Program funds, tax increment funds received by a redevelopment agency of the community, and
administrative fees received by a housing authority operating within the community. In
considering the use of these financing and subsidy programs, the analysis shall identify the amounts of funds under each available program that have not been legally obligated for other purposes and that could be available for use in preserving assisted housing developments.
H-A-31 et seq.
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(b) (1) A statement of the community’s goals, quantified objectives, and policies relative
to affirmatively furthering fair housing and to the maintenance, preservation,
improvement, and development of housing.
Base document, H-33 et seq.,
(2) It is recognized that the total housing needs identified pursuant to subdivision (a) may
exceed available resources and the community’s ability to satisfy this need within the content of the general plan requirements outlined in Article 5 (commencing with Section 65300). Under these circumstances, the quantified objectives need not be identical to the total housing needs. The quantified objectives shall establish the maximum number of housing units by income category, including extremely low income, that can be
constructed, rehabilitated, and conserved over a five-year time period.
Base document, H-33 et seq.,
(c) A program that sets forth a schedule of actions during the planning period, each with
a timeline for implementation, that may recognize that certain programs are ongoing,
such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element
See entirety of Appendix G
(c) through the administration of land use and development controls, Programs 2.1.a, 6.1.d, 6.1.e, 6.3.b, 8.1.a, 8.1.b, 8.1.c, 8.2.a, 8.3.a, 9.1.a and others
(c) the provision of regulatory concessions and incentives, Programs 2.1.a, 6.1.d, 6.1.e, 6.3.b, 8.1.a, 8.1.b, 8.1.c, 8.2.a, 8.3.a, 9.1.a and others (c) the utilization of appropriate federal and state financing and subsidy programs when available, Programs 1.1.a, 1.2.a, 1.2.b, 6.1.b and others; see also AFFH’s FHAP
(c) and the utilization of moneys in a low- and moderate-income housing fund of an agency if the locality has established a redevelopment project area pursuant to the Community Redevelopment Law (Division 24 (commencing with Section 33000) of the Health and Safety Code).
N/A
In order to make adequate provision for the housing needs of all economic segments of the community, the program shall do all of the following:
(c)(1) Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional
housing need for each income level that could not be accommodated on sites identified in
See items above, as well as program 10.3.a
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the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning,
and to comply with the requirements of Section 65584.09.
(c)(1) Sites shall be identified as needed to affirmatively further fair housing See Appendix D, Attachment 3 – AFFH
Inventory of Sites Supplement
(c)(1) and to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, See items above, as well as program 10.3.a; see also Appendix D,
Attachment 3 – AFFH Inventory of
Sites Supplement and FHAP
(c)(1) factory-built housing, See Appendix B, H-B-16
(c)(1) mobilehomes, See Appendix B, H-B-16
(c)(1) housing for agricultural employees, See program 10.3.c (c)(1) supportive housing, See programs 7.1.m
(c)(1) single-room occupancy units, See Appendix B, H-B-16
(c)(1) emergency shelters, See programs 10.3.d and 7.1.k
(c)(1) and transitional housing. See programs 7.1.g and 7.1.h
(c)(1)(A) Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, rezoning of those sites, including adoption of minimum density and development standards, for jurisdictions with an eight-year housing element
planning period pursuant to Section 65588, shall be completed no later than three years
after either the date the housing element is adopted pursuant to subdivision (f) of Section 65585 or the date that is 90 days after receipt of comments from the department pursuant to subdivision (b) of Section 65585, whichever is earlier, unless the deadline is extended pursuant to subdivision (f). Notwithstanding the foregoing, for a local government that
fails to adopt a housing element that the department has found to be in substantial
compliance with this article within 120 days of the statutory deadline in Section 65588 for adoption of the housing element, rezoning of those sites, including adoption of minimum density and development standards, shall be completed no later than one year from the statutory deadline in Section 65588 for adoption of the housing element.
See items above, as well as program 10.3.a
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(c)(1)(B) Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does
not identify adequate sites to accommodate the need for groups of all household income
levels pursuant to Section 65584, the program shall identify sites that can be developed for housing within the planning period pursuant to subdivision (h) of Section 65583.2. The identification of sites shall include all components specified in Section 65583.2. Note: Please see Section 65583.2 regarding the land inventory and conformance with
subdivision (h).
See program 10.3.a
(c)(1)(C) Where the inventory of sites pursuant to paragraph (3) of subdivision (a) does
not identify adequate sites to accommodate the need for farmworker housing, the
program shall provide for sufficient sites to meet the need with zoning that permits farmworker housing use by right, including density and development standards that could accommodate and facilitate the feasibility of the development of farmworker housing for low- and very low income households.
See program 10.3.c
(c)(2) Assist in the development of adequate housing to meet the needs of extremely low, very low, low-, and moderate-income households.
(c)(3) Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels
H-B-28; see also programs 2.1.a, 6.1.b, 6.1.d, 6.1.e,. 6.1.f and others See also H-B-9
(c)(3) and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for
occupancy by, or with supportive services for, persons with disabilities.
H-B-27 et seq., and programs under policy 7.1; see also Fair Housing Action
Plan of the AFFH
(c)(3) Transitional housing and supportive housing shall be considered a residential use of property and shall be subject only to those restrictions that apply to other residential
dwellings of the same type in the same zone.
See programs 7.1.g, 7.1.h and 7.1.m
(c)(3)Supportive housing, as defined in Section 65650, shall be a use by right in all zones
where multifamily and mixed uses are permitted, as provided in Article 11 (commencing
with Section 65650).
See programs 7.1.g, 7.1.h and 7.1.m
(c)(4) Conserve and improve the condition of the existing affordable housing stock,
which may include addressing ways to mitigate the loss of dwelling units demolished by public or private action.
See programs 6.2.a, 6.2.b as well as
AFFH
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(c)(5) Promote and affirmatively further fair housing opportunities and promote housing
throughout the community or communities for all persons regardless of race, religion,
sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law.
See programs 6.2.a, 6.2.b as well as
AFFH Actions 1.1 through 4.2
(c)(6) Preserve for lower income households the assisted housing developments identified pursuant to paragraph (9) of subdivision (a). Policy 6.5, as well as programs 6.2.a, 6.2.b, and 6.2.c
(c)(6) The program for preservation of the assisted housing developments shall utilize, to the extent necessary, all available federal, state, and local financing and subsidy programs identified in paragraph (9) of subdivision (a), except where a community has other urgent needs for which alternative funding sources are not available.
Policy 6.5, as well as programs 6.2.a, 6.2.b, and 6.2.c
(c)(6) The program may include strategies that involve local regulation and technical assistance. Policy 6.5, as well as programs 6.2.a, 6.2.b, and 6.2.c
(c)(7) Develop a plan that incentivizes and promotes the creation of accessory dwelling units that can be offered at affordable rent, as defined in Section 50053 of the Health and
Safety Code, for very low, low-, or moderate-income households. For purposes of this
paragraph, “accessory dwelling units” has the same meaning as “accessory dwelling unit” as defined in paragraph (4) of subdivision (i) of Section 65852.2.\
See policy 6.3, and its four programs
(c)(8) Include an identification of the agencies and officials responsible for the implementation of the various actions and the means by which consistency will be achieved with other general plan elements and community goals.
See base document, H-24
(c)(9) Include a diligent effort by the local government to achieve public participation of all economic segments of the community in the development of the housing element, and the program shall describe this effort.
See base document, H-25 et seq., as well as Appendix in its entirety
(c)(10)(A) Affirmatively further fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2. The program shall include an assessment of fair housing in the jurisdiction that shall include all of the following
components:
See Appendix D in its entirety
(c)(10)(A)(i) A summary of fair housing issues in the jurisdiction See H-D-1 et seq.; see also H-D-5 et seq.
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(c)(10)(A)(i) and an assessment of the jurisdiction’s fair housing enforcement and fair
housing outreach capacity.
H-D-8 et seq.
(c)(10)(A)(ii) An analysis of available federal, state, and local data and knowledge to
identify integration and segregation patterns and trends,
H-D-21 et seq., as well as Attachment 3
– AFFH Inventory of Sites Supplement
(c)(10)(A)(ii)racially or ethnically concentrated areas of poverty and affluence, H-D-45, and Attachment 3 – AFFH Inventory of Sites Supplement
(c)(10)(A)(ii) disparities in access to opportunity, H-D-54 and Attachment 3 – AFFH Inventory of Sites Supplement (c)(10)(A)(ii) and disproportionate housing needs, H-D-5 et seq., Attachment 3 – AFFH Inventory of Sites Supplement (c)(10)(A)(ii) including displacement risk. H-D-87 as well as Attachment 3 – AFFH Inventory of Sites Supplement
(c)(10)(A)(ii) The analysis shall identify and examine such patterns, trends, areas, disparities, and needs, both within the jurisdiction. Throughout Appendix D, as well as Attachment 4, AFFH Regional Analysis
(c)(10)(A)(ii) and comparing the jurisdiction to the region in which it is located, based on race and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2) and Section 65008.
Throughout Appendix D, as well as Attachment 4, AFFH Regional Analysis
(c)(10)(A)(iii) An assessment of the contributing factors, including the local and regional historical origins H-D-7 et seq.
(c)(10)(A)(iii) and current policies and practices, for the fair housing issues identified under clauses (i) and (ii). H-D-8 et seq.
(c)(10)(A)(iv) An identification of the jurisdiction’s fair housing priorities and goals, giving highest priority to those factors identified in clause (iii) that limit or deny fair housing choice or access to opportunity, or negatively impact fair housing or civil rights compliance,
H-D-7 et seq., as well as Appendix D Attachment 1, Fair Housing Action Plan
(c)(10)(A)(iv) and identifying the metrics and milestones for determining what fair housing results will be achieved. Appendix D Attachment 1, Fair Housing Action Plan
(c)(10)(A)(v) Strategies and actions to implement those priorities and goals, which may
include, but are not limited to, enhancing mobility strategies
Appendix D Attachment 1, Fair
Housing Action Plan
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(c)(10)(A)(v) and encouraging development of new affordable housing in areas of opportunity, Appendix D Attachment 1, Fair Housing Action Plan
(c)(10)(A)(v) as well as place-based strategies to encourage community revitalization, including preservation of existing affordable housing, Appendix D Attachment 1, Fair Housing Action Plan
(c)(10)(A)(v) and protecting existing residents from displacement. Appendix D Attachment 1, Fair Housing Action Plan
(c)(10)(B) A jurisdiction that completes or revises an assessment of fair housing pursuant
to Subpart A (commencing with Section 5.150) of Part 5 of Subtitle A of Title 24 of the
Code of Federal Regulations, as published in Volume 80 of the Federal Register, Number 136, page 42272, dated July 16, 2015, or an analysis of impediments to fair housing choice in accordance with the requirements of Section 91.225 of Title 24 of the Code of Federal Regulations in effect before August 17, 2015, may incorporate relevant
portions of that assessment or revised assessment of fair housing or analysis or revised
analysis of impediments to fair housing into its housing element.
N/A
(c)(10)(C) The requirements of this paragraph shall apply to housing elements due to be
revised pursuant to Section 65588 on or after January 1, 2021.
N/A
(d)(1) A local government may satisfy all or part of its requirement to identify a zone or
zones suitable for the development of emergency shelters pursuant to paragraph (4) of
subdivision (a) by adopting and implementing a multijurisdictional agreement, with a maximum of two other adjacent communities, that requires the participating jurisdictions to develop at least one year-round emergency shelter within two years of the beginning of the planning period.
N/A
(d)(2) The agreement shall allocate a portion of the new shelter capacity to each jurisdiction as credit toward its emergency shelter need, and each jurisdiction shall
describe how the capacity was allocated as part of its housing element.
N/A
(d)(3) Each member jurisdiction of a multijurisdictional agreement shall describe in its housing element all of the following:
N/A
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(d)(3)(A) How the joint facility will meet the jurisdiction’s emergency shelter need.
(d)(3)(B) The jurisdiction’s contribution to the facility for both the development and
ongoing operation and management of the facility. (d)(3)(C) The amount and source of the funding that the jurisdiction contributes to the facility.
N/A
(d)(4) The aggregate capacity claimed by the participating jurisdictions in their housing elements shall not exceed the actual capacity of the shelter. N/A
(e) Except as otherwise provided in this article, amendments to this article that alter the required content of a housing element shall apply to both of the following: [Note that this provision is applicable to AB 2339 (Chapter 654, Statutes of 2022), which amended Section 65583(a)(4). Jurisdictions adopting their housing element after
January 1, 2023 should describe why this amendment is not applicable to them.]
N/A
(1) A housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when a city, county, or city and county
submits a draft to the department for review pursuant to Section 65585 more than 90
days after the effective date of the amendment to this section.
N/A
(2) Any housing element or housing element amendment prepared pursuant to
subdivision (e) of Section 65588 or Section 65584.02, when the city, county, or city and county fails to submit the first draft to the department before the due date specified in Section 65588 or 65584.02.
N/A
(f) – (j): Not applicable
Section 65583.1(a)
(a) The Department of Housing and Community Development, in evaluating a proposed or adopted housing element for substantial compliance with this article, … may also allow a city or county to identify sites for accessory dwelling units based on the number
of accessory dwelling units developed in the prior housing element planning period
whether or not the units are permitted by right, the need for these units in the community, the resources or incentives available for their development, and any other relevant factors, as determined by the department.
Base document, H-20 et seq.
(b) Sites that contain permanent housing units located on a military base undergoing closure or conversion as a result of action pursuant to the Defense Authorization N/A
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Amendments and Base Closure and Realignment Act (Public Law 100-526), the Defense
Base Closure and Realignment Act of 1990 (Public Law 101-510), or any subsequent act
requiring the closure or conversion of a military base may be identified as an adequate site if the housing element demonstrates that the housing units will be available for occupancy by households within the planning period of the element. No sites containing housing units scheduled or planned for demolition or conversion to nonresidential uses
shall qualify as an adequate site.
Note: If communities are using the provisions of Section 65583.1(c), which allow
RHNA credit for conversion of non-affordable to affordable housing and for preservation of existing affordable housing at risk of loss, the applicable provisions need to be added to this table.
N/A
Section 65583.2 (a) A city’s or county’s inventory of land suitable for residential development pursuant to paragraph (3) of subdivision (a) of Section 65583 shall be used to identify sites throughout the community, consistent with paragraph (10) of subdivision (c) of Section
65583,
See Housing Resources Appendix C, especially beginning H-C-5 et seq.; see also electronic version (in Excel); see
also base document’s discussion of
methodology, H-15 et seq.
(a) that can be developed for housing within the planning period and that are sufficient to
provide for the jurisdiction’s share of the regional housing need for all income levels pursuant to Section 65584. As used in this section, “land suitable for residential development” includes all of the following sites that meet the standards set forth in subdivisions (c) and (g):
See Housing Resources Appendix C,
especially beginning H-C-5 et seq.; see also electronic version (in Excel); see also base document’s discussion of methodology, H-15 et seq.
(a)(1) Vacant sites zoned for residential use. See Housing Resources Appendix C, especially beginning H-C-5 et seq.; see
also electronic version (in Excel); see
also base document’s discussion of methodology, H-15 et seq. (a)(2) Vacant sites zoned for nonresidential use that allows residential development. See Housing Resources Appendix C, especially beginning H-C-5 et seq.; see
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also electronic version (in Excel); see
also base document’s discussion of
methodology, H-15 et seq.
(a)(3) Residentially zoned sites that are capable of being developed at a higher density, including sites owned or leased by a city, county, or city and county See Housing Resources Appendix C, especially beginning H-C-5 et seq.; see also electronic version (in Excel); see also base document’s discussion of
methodology, H-15 et seq.
(a)(4) Sites zoned for nonresidential use that can be redeveloped for residential use, and
for which the housing element includes a program to rezone the site, as necessary,
rezoned for, to permit residential use, including sites owned or leased by a city, county, or city and county.
See Housing Resources Appendix C,
especially beginning H-C-5 et seq.; see
also electronic version (in Excel); see also base document’s discussion of methodology, H-15 et seq.
(b) The inventory of land shall include all of the following:
(b)(1) A listing of properties by assessor parcel number. See electronic version (in Excel)
(b)(2) The size of each property listed pursuant to paragraph (1), and the general plan
designation and zoning of each property.
See electronic version (in Excel); see
also Appendix C, H-C-9 et seq.; see also major sites’ analyses beginning on H-C-28 (b)(3) For nonvacant sites, a description of the existing use of each property. See electronic version (in Excel); see also Appendix C, H-C-9 et seq.; see also major sites’ analyses beginning on H-C-
28
(b)(3) If a site subject to this paragraph is owned by the city or county, the description
shall also include whether there are any plans to dispose of the property during the planning period and how the city or county will comply with Article 8 (commencing with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title 5.
See electronic version (in Excel); see
also Appendix C, H-C-9 et seq.; see also major sites’ analyses beginning on H-C-28
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(b)(4) A general description of any environmental constraints to the development of housing within the jurisdiction, the documentation for which has been made available to
the jurisdiction. This information need not be identified on a site-specific basis.
See electronic version (in Excel); see also Appendix C, H-C-9 et seq.; see also
major sites’ analyses beginning on H-C-
28
(b)(5)(A) A description of existing or planned water, sewer, and other dry utilities
supply, including the availability and access to distribution facilities.
See electronic version (in Excel); see
also Appendix C, H-C-9 et seq.; see also major sites’ analyses beginning on H-C-28
(b)(5)(B) Parcels included in the inventory must have sufficient water, sewer, and dry utilities supply available and accessible to support housing development or be included in an existing general plan program or other mandatory program or plan, including a
program or plan of a public or private entity providing water or sewer service, to secure sufficient water, sewer, and dry utilities supply to support housing development. This paragraph does not impose any additional duty on the city or county to construct, finance, or otherwise provide water, sewer, or dry utilities to parcels included in the inventory.
See electronic version (in Excel); see also Appendix C, H-C-9 et seq.; see also major sites’ analyses beginning on H-C-
28
(b)(6) Sites identified as available for housing for above moderate-income households in areas not served by public sewer systems. This information need not be identified on a
site-specific basis.
N/A
(b)(7) A map that shows the location of the sites included in the inventory, such as the land use map from the jurisdiction’s general plan, for reference purposes only. See electronic version (in Excel); see also Appendix C, H-C-9 et seq.; see also
major sites’ analyses beginning on H-C-28
(c) Based on the information provided in subdivision (b), a city or county shall determine whether each site in the inventory can accommodate the development of some portion of its share of the regional housing need by income level during the planning period, as determined pursuant to Section 65584. The inventory shall specify for each site the
number of units that can realistically be accommodated on that site and whether the site
See electronic version (in Excel); see also Appendix C, H-C-9 et seq.; see also major sites’ analyses beginning on H-C-28
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is adequate to accommodate lower income housing, moderate-income housing, or above
moderate-income housing.
(c) A nonvacant site identified pursuant to paragraph (3) or (4) of subdivision (a) in a
prior housing element and a vacant site that has been included in two or more
consecutive planning periods that was not approved to develop a portion of the locality’s housing need shall not be deemed adequate to accommodate a portion of the housing need for lower income households that must be accommodated in the current housing element planning period unless the site is zoned at residential densities consistent with
paragraph (3) of this subdivision and the site is subject to a program in the housing
element requiring rezoning within three years of the beginning of the planning period to allow residential use by right for housing developments in which at least 20 percent of the units are affordable to lower income households. An unincorporated area in a nonmetropolitan county pursuant to clause (ii) of subparagraph (B) of paragraph (3) shall
not be subject to the requirements of this subdivision to allow residential use by right.
See program 8.1.c
(c) Notwithstanding the foregoing, for a local government that fails to adopt a housing element that the department has found to be in substantial compliance with state law
within 120 days of the statutory deadline in Section 65588 for adoption of the housing element, rezoning pursuant to this subdivision shall be completed no later than one year from the statutory deadline in Section 65588 for adoption of the housing element.
N/A
(c) The analysis shall determine whether the inventory can provide for a variety of types of housing, including multifamily rental housing,
(c) factory-built housing, mobilehomes, See Appendix B, H-B-16
(c) housing for agricultural employees, supportive housing, See program 10.3.c and 7.1.m (c) single-room occupancy units, See Appendix B, H-B-16
(c) emergency shelters, and See programs 10.3.d and 7.1.k
(c) transitional housing See programs 7.1.g and 7.1.h
(c) and whether the inventory affirmatively furthers fair housing . See Appendix D Attachment 3 – AFFH Inventory of Sites Supplement
(c) The city or county shall determine the number of housing units that can be accommodated on each site as follows:
(c)(1) If local law or regulations require the development of a site at a minimum density, the department shall accept the planning agency’s calculation of the total housing unit See Housing Resources Appendix C, especially beginning H-C-5 et seq.; see
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capacity on that site based on the established minimum density. If the city or county does
not adopt a law or regulation requiring the development of a site at a minimum density,
then it shall demonstrate how the number of units determined for that site pursuant to this subdivision will be accommodated.
also electronic version (in Excel); see
also base document’s discussion of
methodology, H-15 et seq.
(c)(2) The number of units calculated pursuant to paragraph (1) shall be adjusted as necessary, based on the land use controls and site improvements requirement identified in paragraph (5) of subdivision (a) of Section 65583,
See Housing Resources Appendix C, especially beginning H-C-5 et seq.; see also electronic version (in Excel); see also base document’s discussion of
methodology, H-15 et seq.
(c)(2) the realistic development capacity for the site, See Housing Resources Appendix C,
especially beginning H-C-5 et seq.; see
also electronic version (in Excel); see also base document’s discussion of methodology, H-15 et seq.
(c)(2) typical densities of existing or approved residential developments at a similar affordability level in that jurisdiction, See Housing Resources Appendix C, especially beginning H-C-5 et seq.; see also electronic version (in Excel); see
also base document’s discussion of methodology, H-15 et seq.
(c)(2) and on the current or planned availability and accessibility of sufficient water, sewer, and dry utilities. See Housing Resources Appendix C, especially beginning H-C-5 et seq.; see also electronic version (in Excel); see also base document’s discussion of
methodology, H-15 et seq.
(c)(2)(A) A site smaller than half an acre shall not be deemed adequate to accommodate
lower income housing need unless the locality can demonstrate that sites of equivalent size were successfully developed during the prior planning period for an equivalent number of lower income housing units as projected for the site or unless the locality
See Housing Resources Appendix C,
especially beginning H-C-5 et seq.; see also electronic version (in Excel); see also base document’s discussion of
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provides other evidence to the department that the site is adequate to accommodate lower
income housing.
methodology, H-15 et seq.; no site less
than 0.5 acre has been identified as a
potential affordable housing site
(c)(2)(B) A site larger than 10 acres shall not be deemed adequate to accommodate lower income housing need unless the locality can demonstrate that sites of equivalent size were successfully developed during the prior planning period for an equivalent number of lower income housing units as projected for the site or unless the locality provides
other evidence to the department that the site can be developed as lower income housing.
See Housing Resources Appendix C, especially beginning H-C-5 et seq.; see also electronic version (in Excel); see also base document’s discussion of
methodology, H-15 et seq.
(c)(2)(B) For purposes of this subparagraph, “site” means that portion of a parcel or
parcels designated to accommodate lower income housing needs pursuant to this
subdivision.
(c)(2)(C) A site may be presumed to be realistic for development to accommodate lower
income housing need if, at the time of the adoption of the housing element, a development affordable to lower income households has been proposed and approved for development on the site.
(c)(3) For the number of units calculated to accommodate its share of the regional housing need for lower income households pursuant to paragraph (2), a city or county shall do either of the following:
(c)(3)(A) Provide an analysis demonstrating how the adopted densities accommodate this need. The analysis shall include, but is not limited to, factors such as market demand, financial feasibility, or information based on development project experience within a zone or zones that provide housing for lower income households.
(c)(3)(B) The following densities shall be deemed appropriate to accommodate housing for lower income households:
(i) For an incorporated city within a nonmetropolitan county and for a nonmetropolitan
county that has a micropolitan area: sites allowing at least 15 units per acre. (ii) For an unincorporated area in a nonmetropolitan county not included in clause (i): sites allowing at least 10 units per acre. (iii) For a suburban jurisdiction: sites allowing at least 20 units per acre.
(iv) For a jurisdiction in a metropolitan county: sites allowing at least 30 units per acre.
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(4)(A) For a metropolitan jurisdiction:
(4)(A)(i) At least 25 percent of the jurisdiction’s share of the regional housing need for moderate-income housing shall be allocated to sites with zoning that allows at least 4
units of housing, but not more than 100 units per acre of housing.
(4)(A)(ii) At least 25 percent of the jurisdiction’s share of the regional housing need for above moderate-income housing shall be allocated to sites with zoning that allows at
least 4 units of housing.
(B) The allocation of moderate-income and above moderate-income housing to sites pursuant to this paragraph shall not be a basis for the jurisdiction to do either of the
following:
(i) Deny a project that does not comply with the allocation. (ii) Impose a price minimum, price maximum, price control, or any other exaction or condition of approval in lieu thereof. This clause does not prohibit a jurisdiction from imposing any price minimum, price maximum, price control, exaction, or condition in
lieu thereof, pursuant to any other law.
(iii) The provisions of this subparagraph do not constitute a change in, but are declaratory of, existing law with regard to the allocation of sites pursuant to this section.
(C) This paragraph does not apply to an unincorporated area.
(D) For purposes of this paragraph:
(i) “Housing development project” has the same meaning as defined in paragraph (2) of subdivision (h) of Section 65589.5.
(ii) “Unit of housing” does not include an accessory dwelling unit or junior accessory dwelling unit that could be approved pursuant to Section 65852.2 or Section 65852.22 or
through a local ordinance or other provision implementing either of those sections. This
paragraph shall not limit the ability of a local government to count the actual production of accessory dwelling units or junior accessory dwelling units in an annual progress report submitted pursuant to Section 65400 or other progress report as determined by the department.
(E) Nothing in this subdivision shall preclude the subdivision of a parcel, provided that the subdivision is subject to the Subdivision Map Act (Division 2 (commencing with Section 66410)) or any other applicable law authorizing the subdivision of land.
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(d) For purposes of this section, a metropolitan county, nonmetropolitan county, and
nonmetropolitan county with a micropolitan area shall be as determined by the United
States Census Bureau. A nonmetropolitan county with a micropolitan area includes the following counties: Del Norte, Humboldt, Lake, Mendocino, Nevada, Tehama, and Tuolumne and other counties as may be determined by the United States Census Bureau to be nonmetropolitan counties with micropolitan areas in the future.
(e) (1) Except as provided in paragraph (2), a jurisdiction shall be considered suburban if the jurisdiction does not meet the requirements of clauses (i) and (ii) of subparagraph (B)
of paragraph (3) of subdivision (c) and is located in a Metropolitan Statistical Area
(MSA) of less than 2,000,000 in population, unless that jurisdiction’s population is greater than 100,000, in which case it shall be considered metropolitan. A county, not including the City and County of San Francisco, shall be considered suburban unless the county is in an MSA of 2,000,000 or greater in population in which case the county shall
be considered metropolitan.
(2)(A)(i) Notwithstanding paragraph (1), if a county that is in the San Francisco-Oakland-Fremont California MSA has a population of less than 400,000, that county
shall be considered suburban. If this county includes an incorporated city that has a population of less than 100,000, this city shall also be considered suburban. This paragraph shall apply to a housing element revision cycle, as described in subparagraph (A) of paragraph (3) of subdivision (e) of Section 65588, that is in effect from July 1, 2014, to December 31, 2028, inclusive.
(2)(A)(ii) A county subject to this subparagraph shall utilize the sum existing in the county’s housing trust fund as of June 30, 2013, for the development and preservation of housing affordable to low- and very low income households.
(2)(B) A jurisdiction that is classified as suburban pursuant to this paragraph shall report to the Assembly Committee on Housing and Community Development, the Senate
Committee on Housing, and the Department of Housing and Community Development
regarding its progress in developing low- and very low income housing consistent with the requirements of Section 65400. The report shall be provided three times: once, on or before December 31, 2019, which report shall address the initial four years of the housing element cycle, a second time, on or before December 31, 2023, which report
shall address the subsequent four years of the housing element cycle, and a third time, on
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or before December 31, 2027, which report shall address the subsequent four years of the
housing element cycle and the cycle as a whole. The reports shall be provided consistent
with the requirements of Section 9795.
(f) A jurisdiction shall be considered metropolitan if the jurisdiction does not meet the
requirements for “suburban area” above and is located in an MSA of 2,000,000 or greater in population, unless that jurisdiction’s population is less than 25,000 in which case it shall be considered suburban.
(g)(1) For sites described in paragraph (3) of subdivision (b) [non-vacant sites], the city or county shall specify the additional development potential for each site within the planning period and shall provide an explanation of the methodology used to determine the development potential.
See Housing Resources Appendix C, especially beginning H-C-5 et seq.; see also electronic version (in Excel); see also base document’s discussion of
methodology, H-15 et seq.; see also H-
C-7
(g)(1) The methodology shall consider factors including the extent to which existing uses
may constitute an impediment to additional residential development,
See Housing Resources Appendix C,
especially beginning H-C-5 et seq.; see also electronic version (in Excel); see also base document’s discussion of methodology, H-15 et seq.; see also H-
C-7
(g)(1) the city’s or county’s past experience with converting existing uses to higher
density residential development,
See Housing Resources Appendix C,
especially beginning H-C-5 et seq.; see also electronic version (in Excel); see also base document’s discussion of methodology, H-15 et seq.; see also H-
C-7
(g)(1) the current market demand for the existing use, See Housing Resources Appendix C,
especially beginning H-C-5 et seq.; see also electronic version (in Excel); see also base document’s discussion of
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methodology, H-15 et seq.; see also H-
C-7
(g)(1) an analysis of any existing leases or other contracts that would perpetuate the
existing use or prevent redevelopment of the site for additional residential development,
See Housing Resources Appendix C,
especially beginning H-C-5 et seq.; see also electronic version (in Excel); see also base document’s discussion of methodology, H-15 et seq.; see also H-C-7
(g)(1) development trends, See Housing Resources Appendix C,
especially beginning H-C-5 et seq.; see
also electronic version (in Excel); see also base document’s discussion of methodology, H-15 et seq.; see also H-C-7
(g)(1) market conditions, See Housing Resources Appendix C, especially beginning H-C-5 et seq.; see
also electronic version (in Excel); see
also base document’s discussion of methodology, H-15 et seq.; see also H-C-7
(g)(1) and regulatory or other incentives or standards to encourage additional residential development on these sites. See Housing Resources Appendix C, especially beginning H-C-5 et seq.; see
also electronic version (in Excel); see
also base document’s discussion of methodology, H-15 et seq.; see also H-C-7
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(g)(2) In addition to the analysis required in paragraph (1), when a city or county is
relying on nonvacant sites described in paragraph (3) of subdivision (b) to accommodate
50 percent or more of its housing need for lower income households, the methodology used to determine additional development potential shall demonstrate that the existing use identified pursuant to paragraph (3) of subdivision (b) does not constitute an impediment to additional residential development during the period covered by the
housing element. An existing use shall be presumed to impede additional residential
development, absent findings based on substantial evidence that the use is likely to be discontinued during the planning period.
See Housing Resources Appendix C,
especially beginning H-C-5 et seq.; see
also electronic version (in Excel); see also base document’s discussion of methodology, H-15 et seq.; see also H-C-7; the Town will adopt findings when
it adopts the Housing Element
(g)(3) Notwithstanding any other law, and in addition to the requirements in paragraphs (1) and (2), sites that currently have residential uses, or within the past five years have had residential uses that have been vacated or demolished, that are or were subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons
and families of low or very low income, subject to any other form of rent or price control
through a public entity’s valid exercise of its police power, or occupied by low or very low income households, shall be subject to a policy requiring the replacement of all those units affordable to the same or lower income level as a condition of any development on the site. Replacement requirements shall be consistent with those set forth in paragraph
(3) of subdivision (c) of Section 65915.
See program 6.2.a
(h) The program required by subparagraph (A) of paragraph (1) of subdivision (c) of Section 65583 shall accommodate 100 percent of the need for housing for very low and
low-income households allocated pursuant to Section 65584 for which site capacity has
not been identified in the inventory of sites pursuant to paragraph (3) of subdivision (a) on sites that shall be zoned to permit owner-occupied and rental multifamily residential use by right for developments in which at least 20 percent of the units are affordable to lower income households during the planning period.
See program 6.2.a and 10.3.a
(h) These sites shall be zoned with minimum density and development standards that permit at least See program 6.2.a and 10.3.a
(h) 16 units per site at a density of at least 16 units per acre in jurisdictions described in clause (i) of subparagraph (B) of paragraph (3) of subdivision (c), See program 6.2.a and 10.3.a
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(h) shall be at least 20 units per acre in jurisdictions described in clauses (iii) and (iv) of
subparagraph (B) of paragraph (3) of subdivision (c)
See program 6.2.a and 10.3.a
(h) and shall meet the standards set forth in subparagraph (B) of paragraph (5) of
subdivision (b).
See program 6.2.a and 10.3.a
(h) At least 50 percent of the very low and low-income housing need shall be
accommodated on sites designated for residential use and for which nonresidential uses or mixed uses are not permitted, except that a city or county may accommodate all of the very low and low-income housing need on sites designated for mixed uses if those sites allow 100 percent residential use and require that residential use occupy 50 percent of the total floor area of a mixed-use project.
See program 6.2.a and 10.3.a
(i) For purposes of this section and Section 65583, the phrase “use by right” shall mean that the local government’s review of the owner-occupied or multifamily residential use
may not require a conditional use permit, planned unit development permit, or other
discretionary local government review or approval that would constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. Any subdivision of the sites shall be subject to all laws, including, but not limited to, the local government ordinance implementing the Subdivision Map Act.
See program 6.2.a and 10.3.a
(i) A local ordinance may provide that “use by right” does not exempt the use from design review. However, that design review shall not constitute a “project” for purposes
of Division 13 (commencing with Section 21000) of the Public Resources Code.
(i) Use by right for all rental multifamily residential housing shall be provided in accordance with subdivision (f) of Section 65589.5.
(j) Notwithstanding any other provision of this section, within one-half mile of a Sonoma-Marin Area Rail Transit station, housing density requirements in place on June
30, 2014, shall apply.
N/A
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