HomeMy WebLinkAbout121223-03.2
STUDY STUDY SESSION MEMORANDUM 3.2
TO: Town Council December 12, 2023
SUBJECT: Housing Element Update
BACKGROUND
In accordance with state law enacted in 1969, the Town of Danville, along with all
California cities and counties, must update its Housing Element every eight years. The
Housing Element identifies where and how Danville will accommodate the housing needs
for people of all income groups. For the upcoming 2023-2031 planning period, the Town
is expected to accommodate a minimum of 2,241 new homes.
On January 31, 2023, Danville submitted its Town Council-adopted 2023-2031 Housing
Element to the State Department of Housing and Development (HCD) for review and
certification. On April 25, 2023, the Town received a letter from HCD stating that while
Town Council-adopted Housing Element meets many State requirements, it is their
conclusion that additional revisions were necessary to fully comply with State law.
Throughout a six-month period of time, Town staff worked to revise the technical content
of the 2023-2031 Housing Element to address concerns identified by State HCD. This
revised document was resubmitted for a second round of review on October 6, 2023.
DISCUSSION
Most recently, on December 5, 2023, the Town received a written response from HCD
stating that the Housing Element meets many State requirements but requires additional
revisions to comply with State law (attachment). This HCD comment letter noted that
the Town must include a more comprehensive suite of programs to promote housing
mobility or housing choices throughout the Town.
Staff will continue to work with State HCD to refine the Housing Element and identify
options for housing mobility. A subsequent submittal will be subject to an additional
(maximum) 60-day HCD review period.
Housing Element Update 2 December 12, 2023
RECOMMENDATION
Receive the Housing Element Update progress report and provide feedback as
necessary and appropriate.
Prepared by:
Diane J. Friedmann
Development Services Director
Attachment: December 5, 2023, HCD Comment Letter
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF HOUSING POLICY DEVELOPMENT 2020 W. El Camino Avenue, Suite 500 Sacramento, CA 95833 (916) 263-2911 / FAX (916) 263-7453 www.hcd.ca.gov December 5, 2023
David Crompton, Chief of Planning Development Services Department Town of Danville
510 La Gonda Way
Danville, CA 94526 Dear David Crompton,
RE: Town of Danville’s 6th Cycle (2023-2031) Revised Draft Housing Element
Thank you for submitting the Town of Danville’s (Town) revised draft housing element received for review on October 6, 2023. In addition, the California Department of Housing and Development (HCD) received revisions on December 1, 2023 that were
made available to public for seven days prior to submittal to HCD. Pursuant to Government Code section 65585, subdivision (c), HCD considered public comments from East Bay for Everyone. HCD is reporting the results of its review pursuant to Government Code section 65585,.
The revised draft housing element, including revisions, addresses most statutory requirements described in HCD’s March 30, 2023, review; however, additional revisions are necessary to substantially comply with State Housing Element Law (Gov. Code, § 65580 et seq), as follows:
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... (Gov. Code, § 65583, subd. (c)(5).)
While the element includes an affirmatively furthering fair housing (AFFH) action plan (Appendix D, Attachment 1), this action plan should be incorporated into the policy and program section of the element (Appendix G). For example, the AFFH action plan could be incorporated by reference or moved into the policy and program section (Appendix G).
In addition, as noted in the prior review, the Town is wholly a highest resource, highest income, and racially concentrated area of affluence(RCAA). Additionally, the element identified majority of its regional housing needs allocation (RHNA) in one census tract. To promote housing choices and affordability throughout the Town, the
David Crompton, Chief of Planning Page 2
element must include a significant suite of programs to promote housing mobility or housing choices and affordability throughout the Town. These programs should not be limited to the RHNA and, instead, target significant and meaningful change. While the element includes a few actions such as amending zoning to allow higher density
in a single-family area, it should include additional actions that promote housing
choices and affordability throughout the Town. Additional examples include promoting more housing choices and affordability in other lower-density areas (e.g., missing middle housing types), identifying additional multifamily areas, additional religious institutional sites, town-owned sites, and enhancing accessory dwelling
units (ADU), junior accessory dwelling units (JADU) or additional conversion of
existing space, and home sharing strategies. For examples of jurisdictions with appropriate actions meeting statutory requirements, please see nearby Walnut Creek, San Ramon, and Pleasanton.
The element will meet the statutory requirements of State Housing Element Law once it
has been revised and re-adopted, if necessary, to comply with the above requirements pursuant to Government Code section 65585. Public participation in the development, adoption, and implementation of the housing
element is essential to effective housing planning. During the housing element revision
process, the Town must continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available while considering and incorporating comments where appropriate. Please be aware, that any revisions to the element must be posted on the local government’s
website and to email a link to all individuals and organizations that have previously
requested notices relating to the local government’s housing element at least seven days before submitting to HCD. HCD particularly encourages the Town to continue engaging commenters on this review. These comments contained valuable insights that can result in a more effective housing element. HCD’s future reviews will continue to
consider the extent to which the revised element documents how the Town solicited,
considered, and addressed public comments in the element. The Town’s consideration of public comments must not be limited by HCD’s findings in this review letter. For your information, pursuant to Government Code section 65583.3, the Town must
submit an electronic sites inventory with its adopted housing element. While the Town has
submitted its electronic sites inventory, if any changes occur, the Town should re-submit the electronic sites inventory with future submittals of the housing element. In addition, for your information, the element relies on nonvacant sites to accommodate
fifty percent or more of the housing needs for lower-income households, which triggers
requirements to make findings based on substantial evidence that the existing use is not an impediment and will likely discontinue in the planning period. While the resolution of adoption includes findings, any changes to the analysis should be reflected in future readoption of the element, if necessary
David Crompton, Chief of Planning Page 3
For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the Town to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at:
https://www.opr.ca.gov/planning/general-plan/guidelines.html. Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant, the Affordable Housing and Sustainable
Communities program, and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the Town will meet housing element requirements for these and other funding sources.
HCD appreciates the dedication and effort the Town’s housing element team provided throughout the housing element review. We are committed to assisting the Town in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact Margaret Scarpa, of our staff, at Margaret.Scarpa@hcd.ca.gov.
Sincerely,
Paul McDougall
Senior Program Manager