HomeMy WebLinkAbout030424 - 03.4 - Housing Element Community Information2023–2031
2 2023–2031 Housing Element • Community Information
A Housing Element is a state-mandated policy document that identifies where
and how cities will accommodate existing and projected future housing needs for
people of all income groups. As one of 7 elements of the Danville General Plan, it
is required to be updated every eight years, referred to as housing cycles. This is
the sixth cycle of updates (2023-2031).
The need for every city and county in California to plan for their “fair share”
of the projected housing need is based on Housing Element Law, enacted in
1969 (Government Code Section 65583). The concept behind the law is that,
in order for the private development market to adequately address housing
demand, local governments must adopt housing plans that provide
opportunities for—and not unduly constrain—housing development.
• Court mandated compliance
• Court suspension of local control
on building matters, freezing
the community’s ability to
issue building permits, zoning
changes, etc.
• Court approval of housing
developments on behalf of
the community
• Attorney fees associated with
the lawsuit
The Town embarked on an extensive outreach effort to inform the community about the
Housing Element process
including:
7,700 site visits on new Danville Town Talks platform
32 workshops,
presentations, and panel interviews
78 website and social media posts
20 Danville eNews,
newsletter articles
114 direct mail letters to property owners
32,000 postcards
Through these outreach
efforts, residents were invited to provide input through interactive maps:
April 2022: Launched
the Housing Site
Suggestion Map for community members to drop a pin on suggested housing sites.
July 2022: Launched the Housing Simulation
Engagement tool to
enable community
members to add units and density to suggested sites.
Adopting a state-mandated Housing Element helps protect the Town’s General
Plan and maintains some level of local control. The penalties for non-compliance
have increased in scope and severity over the past few legislative cycles.
Non-compliance could mean:
Limited access to state funding including transportation funding for local road-
way maintenance and capital improvement projects.
Court-imposed fines of up to $100,000 per month which may be increased to
$600,00 per month if the city does not comply in a specific time frame. The stat-
ute also allows the State to collect these fines by withholding state funding due to
the city.
Lawsuits: When a community’s housing element is found to be out of compli-
ance, its General Plan is at risk of being deemed invalid, opening the possibility
for lawsuits. Consequences of lawsuits include:
32023–2031 Housing Element • Community Information
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The Town sought community input
on and identified potential state-
mandated housing sites to best
preserve residential neighborhoods.
The number of housing units
each city and county must plan for
(not build) is determined by the
California Department of Housing
and Community Development (State
HCD) every eight years, referred to
as housing cycles. In the upcoming
housing cycle, Danville is currently
expected to plan for a minimum of
2,241 housing units.
The California Departments of
Finance (DOF) and HCD forecast the
need for housing within each region
based on population projections.
This process is called the Regional
Housing Needs Assessment (RHNA).
The regional planning agency for
each region must then distribute the
projected housing need among its
member local jurisdictions. Danville
falls within the region governed by the
Association of Bay Area Governments
(ABAG). For the 2023-2031 planning
cycle, the State has determined
that the Bay Area must plan for an
additional 441,176 new units, of which
Danville is expected to accommodate
a minimum of 2,241 new homes.
Under current state law, cities are
not required to build housing units.
Housing construction is still driven
by the private market. Instead,
a city is required to ensure that
sufficient lands are available to
accommodate all assigned units “by
right.” To do so, cities must determine
whether enough land is available to
accommodate its RHNA assignment.
If not, then the city is required to
designate new sites for this purpose
—usually through amending the
General Plan and Zoning designations
of land to allow for multifamily
housing development.
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Sites to accommodate
State-mandated housing
assignment
Want more details about specific locations?Visit: www.danvilletowntalks.org/housingelement
4 2023–2031 Housing Element • Community Information
The Danville 2023-2031 Housing Element
marks a significant shift from previous
cycles, largely due to new state laws
aimed at boosting housing production in
California. Here’s an overview of the key
legislative changes affecting housing:
• Housing Accountability Act (HAA)
Updates: Originally enacted in 1982 to
expedite housing approvals, the act was
strengthened in 2016 and 2017.
• Accessory Dwelling Units (ADUs)
Legislation: A series of bills have
made it easier for homeowners to add
secondary units on their property,
increasing housing supply.
• Streamlined Approval Process for
Affordable Housing: Simplifies
the approval process for certain
multifamily projects, reducing
local oversight.
• Stricter Site Analysis Requirements:
Series of bills that require a more
stringent viability assessment of sites
considered for housing development.
• Affirmatively Furthering Fair
Housing (AFFH): Ensures Danville’s
housing plans promote equitable
access, aligning with federal Fair
Housing Act principles.
• No-Net-Loss Zoning: Mandates
preservation of housing capacity
for lower-income families. If a site
earmarked for lower-income housing
is developed with higher-income units,
the Town must find and (if needed)
rezone a replacement site.
• By Right Transitional and
Supportive Housing: Requires
adjustments in zoning to facilitate
housing for vulnerable groups in
residential districts.
• Housing Crisis Act of 2019: Limits
jurisdictions’ ability to deny a project
based on subjective design standards,
prohibits changes to development
standards after an application is
submitted, and limits the maximum
public hearings for a project to five.
• Affordable Housing on Faith
Lands and Higher Education Act:
Streamlines the process for faith-
based and nonprofit educational
organizations to build affordable
housing on their lands.
To comply with new state housing
laws, Danville’s latest Housing Element
establishes a variety of strategies
to diversify housing options while
supporting the intent of the General Plan:
1. ADUs: Streamlining ADU development
to offer more affordable and flexible
options for residents.
2. Diverse Housing: Adjusting plans
to introduce a mix of housing types,
targeting affordability for all income
levels with new zoning for diverse
configurations, including multifamily
duplexes and junior ADUs.
3. Height and Density Adjustments:
Revising zoning to permit up to
three stories in multifamily districts,
enhancing density and encouraging
urban redevelopment.
4. Addressing Special Needs:
Partnering with organizations to cater
to the housing needs of seniors, the
disabled, and low-income families.
5. Infill Development: Promoting
the use of vacant or underused land
within an urbanized area rather
than greenfields to foster sustainable
growth.
6. Density Bonuses: Offering incentives
for projects that incorporate a
significant number of affordable
housing units.
7. Supporting Affordable Housing:
Implementing policies and competing
for outside funding to facilitate the
creation of affordable homes and
preserve open space.
8. Preserving Affordable Housing:
Actively working to keep current
affordable options from transitioning
to market rate housing.
9. Streamlining Small Projects:
Allowing smaller housing
developments (10 units or fewer) to
undergo a simplified approval process.
10. Nexus Studies Update: Reviewing
development fees to ensure they
match the actual costs of maintaining
infrastructure.
11. Inclusionary Housing Changes:
Exploring amendments to require low-
income units in new developments
and considering in-lieu fees as an
alternative compliance method.
12. Simplifying Reasonable
Accommodation: Modifying the
ordinance to streamline the process
for accommodating housing requests
based on disability, moving to a
staff-level review without public
notification.
13. Promoting Home Sharing:
Launching initiatives to raise
awareness of and facilitate age-
friendly housing solutions, including a
new home-sharing program to match
tenants with homeowners, extending
outreach beyond Town residents.
For details on specific state legislation affecting housing requirements, visit: www.danvilletowntalks.org/housingelement
These strategies aim to create a balanced, inclusive housing landscape in Danville, addressing the needs of
various income levels and demographics through innovative planning and partnerships.