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Home My WebLink About2024-01RESOLUTION 2024-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE TOWN OF DANVILLE RECOMMENDING THE TOWN COUNCIL ADOPT THE DANVILLE 2023-2031 GENERAL PLAN HOUSING ELEMENT GPA24-0001, APPROVE GENERAL PLAN LAND USE AMENDMENT GPA24-0002, REZONING RZ2024-01, AND ZONING TEXT AMENDMENT ZTA24-0001 WHEREAS, the California Legislature has determined that the availability of housing is a matter of statewide importance and that cooperation between government and the private sector is critical to the attainment of the State's housing goals; and WHEREAS, California Government Code Section 65588(b) requires the Town of Danville to periodically prepare an update to the Housing Element of its General Plan; and WHEREAS, the Town Council directed the Town Manager to cause the Development Services Department to proceed with this update to the Town's Housing Element for the 2023-2031 planning period; and WHEREAS, as provided in Government Code Section 65350 et. seq., and Public Resources Code this Housing Element Update constitutes a General Plan Amendment (GPA24-0001) ("Project"); and WHEREAS, the Town of Danville prepared the draft 2023-2031 Housing Element (see Attachment 1) in accordance with California Housing Element Law (Government Code section 65580 et seq.); and WHEREAS, California Government Code Section 65583 requires that the Housing Element Update contain: (i) an assessment of the Town’s housing needs and an analysis of the resources and constraints, both governmental and non-governmental, relevant to the meeting of these needs; (ii) an inventory of land suitable and available for residential development and an analysis of the development potential of such sites; (iii) a statement of the community's goals, quantified objectives, and policies relative to the maintenance, preservation, improvement, and development of housing; and (iv) programs that set forth a schedule of actions the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the Housing Element Update; and WHEREAS, the Town’s share of the regional housing need was established in the Regional Housing Needs Assessment (RHNA) prepared and adopted by the Bay Area Association of Governments (ABAG) on December 16, 2021. The allocation establishes the number of new units needed, by income category, to accommodate expected population growth over the planning period of the Housing Element; and DocuSign Envelope ID: AB942666-2902-4F36-96F9-A4F1A3014958 PAGE 2 OF RESOLUTION NO. 2024-01 WHEREAS, Housing Element Law requires the Housing Element to identify adequate sites to accommodate the Town's Regional Housing Needs Allocation (RHNA) for all income categories, and the Housing Element Update identifies sites that can accommodate housing exceeding the Town's RHNA; and WHEREAS, on December 22, 2023, the Town submitted its third draft 2023-2031 Housing Element to the State Department of Housing and Community Development (HCD) for review; and WHEREAS, on January 2, 2024, the Town received a letter from HCD stating that the revised Housing Element meets all statuary requirements and will substantially comply with State Housing Law when adopted (by the Town) and submitted to and approved by HCD; and WHEREAS, prior to the statutory deadline of January 31, 2023, the proposed General Plan Amendment GPA22-0002 amended the Danville 2030 General Plan Land Use Map to change land use designations for specific properties throughout Town to meet the Town’s RHNA assignment of 2,241 units at various income levels; and WHEREAS, proposed General Plan Land Use Amendment (GPA24-0002) would amend the Town’s Land Use Map for 19 parcels located on Ilo Ln, Charles Ln, and West El Pintado (APNs: 196-201-002, 196-201-003, 196-201-004, 196-201-005, 196-201-006, 196-201- 007, 196-201-008, 196-201-009, 196-201-010, 196-201-011, 196-201-012, 196-201-013, 196- 201-018, 196-201-030, 196-201-031, 196-201-032, 196-201-033, 196-201-034, 196-201-052) from Residential – Single Family – Low Density, 1-3 units per acre to Residential – Multifamily – High/Medium Density, 20-25 units per acre (see Attachment 2); and WHEREAS, proposed Rezoning RZ24-0001 would rezone the above cited parcels from P- 1; Planned Unit Development District to M-25; Residential – Multifamily District (see Attachment 2); and WHEREAS, proposed General Plan Land Use Amendment (GPA24-0002) would also amend the Town’s Land Use Map for six religious institution sites (First Church of Christ Scientist, Messiah Lutheran Church, The Rock Church, Beth Chaim Congregation, Rolling Hills, and Gatetree Baptist Church (APNs: 200-100-024, 202-100-024, 215-090-038, 215-330-018, 196-330-044, 202-110-011) from various residential designation to Residential – Multifamily – High Density Special, 30-35 units per acre (see Attachment 2); and WHEREAS, proposed Rezoning RZ24-0001 would also rezone the above cited church sites from various residential zoning designations to M-35; Multifamily Zoning District (see Attachment 2); and WHEREAS, proposed Zoning Text Amendment ZTA24-0001 to the Town’s Municipal DocuSign Envelope ID: AB942666-2902-4F36-96F9-A4F1A3014958 PAGE 3 OF RESOLUTION NO. 2024-01 Code would make the following changes to the Town’s zoning ordinance: 1. Amend the Town’s Single Family Residential Ordinance (Municipal Code Section 32-22) allowing all corner lots to subdivide into two parcels, develop a primary single-family residence on each new parcel, develop either an attached or detached accessory dwelling unit on each parcel, develop up to two junior accessory dwelling units on each parcel, and add a definition of ‘Corner Lot’ (see Attachment 3). 2. Amend the Town’s M-35 and DBD-13 multifamily districts (Municipal Code Sections 32-29 & 45) to increase the allowable floor area ratio (FAR) from 80% to 120% (see Attachment 4). 3. Amend the Town’s M-30, M-25, and M-20 multifamily districts (Municipal Code Sections 32-24, 25 & 26) to contain the same development standards as the new M-35 and DBD 13 multifamily districts, including the allowance of three stories, a height limit of 37 feet and a 120% FAR (see Attachment 4). 4. Amend the Town’s M-35, M-30, M-25, M-20, and DBD 13 multifamily zoning ordinances to require a maximum average multifamily unit size of 1,500 square feet (see Attachment 4). 5. Amend the Town’s M-35 and DBD-13 multifamily zoning ordinances to allow a maximum of four stories and 45 foot height for four specific sites only: 510 La Gonda Way, 425 El Pintado Road, 315 and 319 Diablo Road, and 363 Diablo Road (see Attachment 4). 6. Amend the Town’s M-13 and M-8 multifamily zoning ordinances (Municipal Code Sections 32-27 & 28) to eliminate minimum lot size, width, and depth requirements (see Attachment 4). 7. Amend the Town’s Downtown Business District Ordinance to allow emergency shelters as an allowed use with an occupancy of up to 20 within the DBD 9 and DBD 13 multifamily residential districts (see Attachment 4). 8. Amend all Town residential zoning districts (Municipal Code Sections 32-22, 23, 24, 25, 26, 27, 28, 29 & 45) to allow transitional, supportive, and other group homes as allowed uses (see Attachments 3 & 4). 9. Amend the Town’s Municipal Code Section 32-4 to allow for administrative approval of any multifamily residential development with 10 or fewer units. Developments would be subject to review by the Design Review Board but would only be scheduled for Planning Commission review upon receipt of an DocuSign Envelope ID: AB942666-2902-4F36-96F9-A4F1A3014958 PAGE 4 OF RESOLUTION NO. 2024-01 appeal. This provision would address permit streamlining concerns (see Attachment 5). WHEREAS, the Town conducted substantial and broad public engagement regarding the Housing Element cycle using a methodical process including informational webinars and live presentations, launched a site selection website tool, conducted a Town-wide survey, and public workshops; and WHEREAS, the Planning Commission held a duly noticed public hearing on January 17, 2024, as prescribed by law; and WHEREAS, notification regarding the Planning Commission public hearing was published in a newspaper of general circulation. Property owners directly affected by proposed General Plan land use amendments and Rezonings were noticed directly by mail; and WHEREAS, a staff report was submitted recommending the Planning Commission recommend the Town Council approve the requests; and WHEREAS, the Planning Commission considered all information related to the project, including public testimony received in writing and presented orally; and WHEREAS, on January 17, 2024 the Danville Planning Commission, in its independent judgment recommended approval of the Sixth Cycle Housing Element and related General Plan land use amendments, Rezonings, and Zoning Text Amendments; and WHEREAS, the 2023-2031 Housing Element Update replaces in its entirety the Town’s 2014-2022 Housing Element of the General Plan; and WHEREAS, the 2023-2031 Housing Element is not a General Plan update that is comprehensive in nature in that it is not titled as such and does not, except where specifically directed, substantially change or re-adopt the text and maps of the existing elements of the General Plan; and WHEREAS, based on the totality of the record and evidence described and referenced in this Resolution, the Danville Planning Commission finds that the proposed 2023-2031 Housing Element is consistent with the requirement of State Housing Element Law and the associated General Plan Amendments, Rezonings, and Zoning Text Amendments are consistent with the purposes of the General Plan and Municipal Code and will provide adequate sites with corresponding density to meet the Town’s RHNA and adopt State mandated and locally desired programs to implement the Housing Element effectively; and WHEREAS, a Programmatic Environmental Impact Report (PEIR) was prepared to study DocuSign Envelope ID: AB942666-2902-4F36-96F9-A4F1A3014958 PAGE 5 OF RESOLUTION NO. 2024-01 potential environmental impacts related to the adoption and implementation of the Town’s 2023-2031 Housing Element. The PEIR was certified by the Danville Town Council on January 17, 2023 pursuant to and in accordance with the California Environmental Quality Act (Public Resources Code Section 21000 et seq., “CEQA”) and the Guidelines for Implementation of CEQA (Title 14, Cal. Code of Regs., Section 15000 et seq., the CEQA Guidelines); and NOW, THEREFORE, BE IT FURTHER RESOLVED that the Danville Planning Commission hereby finds as follows: 2023-2031 Housing Element (GPA24-0001) 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. SECTION 3. In a letter dated January 2, 2024, the California Department of Housing and Community Development (HCD) confirmed that the Town’s draft 2023- 2031 Housing Element substantially complies with State Housing Law. 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. The 2023-2031 Housing Element relies on nonvacant sites to accommodate 50 percent or more of the identified RHNA need for lower income households. As required by Government Code Section 65583.2(g)(2), the Town finds that those existing uses do not constitute an impediment to additional residential development during the Sixth Cycle based on the following findings that those existing uses are likely be discontinued during the planning period: expressed interests in redevelopment from property owners and developers; the age and condition of existing structures on those sites; the nature and character of existing uses; existing versus allowable building height and limited existing Floor Area Ratio on nonvacant sites; improvement to land value ratios; and, the likelihood of commercial uses on nonvacant sites converting to residential DocuSign Envelope ID: AB942666-2902-4F36-96F9-A4F1A3014958 PAGE 6 OF RESOLUTION NO. 2024-01 developments due to the continued decline of retail, auto-related, and other commercial/office uses. SECTION 6. The 2014-2022 Housing Element is hereby repealed in its entirety and the 2023-2031 Housing Element (Attachment A) is recommended for approval. 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. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Danville Planning Commission hereby finds as follows: General Plan Land Use Designation Amendments (GPA24-0002) SECTION 1. The foregoing recitations are true and correct and are incorporated by reference into this action: SECTION 2. The General Plan land use amendments will implement the Danville 2023-2031 Housing Element Policies 6.1.g and 6.1.h.1 and will provide for housing mobility ‘missing middle’ opportunities within existing single-family neighborhoods throughout Danville. SECTION 3. General Plan Amendment GPA24-0002, is hereby recommended for approval. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Danville Planning Commission hereby finds as follows: Rezoning (RZ24-0001) SECTION 1. The foregoing recitations are true and correct and are incorporated by reference into this action: SECTION 2. These Rezonings implement the Danville 2023-2031 Housing Element Policies 6.1.g. and 6.1.h.1 and will provide for housing mobility ‘missing middle’ opportunities within existing single-family neighborhoods throughout Danville. SECTION 3. Rezoning request RZ24-0001 is hereby recommended for approval. DocuSign Envelope ID: AB942666-2902-4F36-96F9-A4F1A3014958 PAGE 7 OF RESOLUTION NO. 2024-01 NOW, THEREFORE, BE IT FURTHER RESOLVED that the Danville Planning Commission hereby finds as follows: Zoning Text Amendments (ZTA24-0001) SECTION 1. The foregoing recitations are true and correct and are incorporated by reference into this action: SECTION 2. These Zoning Text implement the Danville 2023-2031 Housing Element Policies 6.1.i, 6.1.j, 6.1.k, 6.1.m, 6.1.n, 7.1.h, 7.1.k, & 7.1.l, removing development and land use constraints and streamlining the Town’s development review process. SECTION 3. Zoning Text Amendment ZTA24-0001 is hereby recommended for approval. APPROVED by the Danville Planning Commission at a special meeting on January 17, 2024, by the following vote: AYES: Bowles, Combs, Graham, Houlihan, Palandrani, Radich, Trujillo NOES: None ABSTAINED: None ABSENT: None _____________________________ CHAIR APPROVED AS TO FORM: _______________________________ ______________________________ CITY ATTORNEY CHIEF OF PLANNING DocuSign Envelope ID: AB942666-2902-4F36-96F9-A4F1A3014958 ATTACHMENT TO RESOLUTION NO. 2024-01 Inclusion of sites designated M-30; Multifamily Residential District located at 102-201 El Dorado Avenue, the Zoning Text Amendment ZTA24-01 to amend development standards within this zoning district, was approval by the Danville Planning Commission at a special meeting on January 17, 2024, by the following vote: AYES: Combs, Graham, Houlihan, Mintz, Palandrani, Radich, Trujillo NOES: None ABSTAINED: Bowles ABSENT: None Inclusion of sites designated M-8; Multifamily Residential District for four properties located at 822-830, 852 and 866 Podva Road and 855-918 Podva Lane and all of Westfield Circle, the Zoning Text Amendment ZTA24-01 to amend development standards within this zoning district, was approval by the Danville Planning Commission at a special meeting on January 17, 2024, by the following vote: AYES: Bowles, Combs, Houlihan, Mintz, Palandrani, Radich, Trujillo NOES: None ABSTAINED: Graham ABSENT: None DocuSign Envelope ID: AB942666-2902-4F36-96F9-A4F1A3014958