2023-2031 Housing Element

Certified Housing Element 

In compliance with state housing law, the Town adopted its 2023-2031 Housing Element, and the state-mandated policy document has been certified. On April 9, 2024, the Town of Danville received a response letter from HCD finding the adopted housing element in substantial compliance with State Housing Element Law (Gov. Code, § 65580 et seq). You can view the Housing Element document here.

housing element

The Housing Element Documents

What is the Housing Element?

The Housing Element is a state-mandated policy document within the Danville General Plan. It outlines strategies for accommodating current and future housing needs for people of all income levels in the Town, as determined by the state. You can read the Housing Element plan here.

Why is the Housing Element important for Danville?

Adopting the Housing Element helps protect Danville’s character and maintain some local decision-making authority related to site design while accommodating the state mandated housing requirement. 

How are housing units assigned to Danville?

The number of housing units Danville must plan for is determined by the California Department of Housing and Community Development (HCD) every eight years, based on population projections. For the current 6th cycle (2023-2031), Danville was mandated to plan for a minimum of 2,241 housing units. 

What is the Regional Housing Needs Assessment (RHNA), and how does it affect Danville?

RHNA is a process where the projected housing need for each region is determined by state agencies, such as the Department of Finance and HCD. Danville, within the jurisdiction of the Association of Bay Area Governments, is required to accommodate a portion of the Bay Area’s projected housing need. 

Are cities like Danville required to build the assigned housing units?

No, cities are not required to build housing units. Instead, they must ensure sufficient land is available to accommodate the assigned units “by right.” This involves designating appropriate sites, often through amendments to the General Plan and Zoning designations, to allow for a greater variety of housing development densities.

What are the consequences of not complying with the Housing Element requirements in Danville? 

Non-compliance can lead to penalties such as limited access to state funding, court-imposed fines, and lawsuits. Additionally, the General Plan of Danville may be deemed invalid, risking loss of local control over building matters and potentially leading to court-mandated attorney fees and court-approved housing projects.

Background

The State of California has declared a housing affordability crisis. As part of a multi-pronged effort to induce more housing production, the State has determined that the San Francisco Bay Area must plan to accommodate an additional 441,176 new homes in the upcoming eight-year planning period between 2023-2031.   

Of this total, the Association of Bay Area Governments (ABAG) has assigned Danville a minimum target of 2,241 new homes. This represents a four-fold increase from the prior housing cycle. As prescribed by state law, Danville’s updated Housing Element must identify locations – specific land parcels – to accommodate this projected housing growth by income category: 


Income Category% of Area Median Income (AMI)Contra Costa Household Income (maximum)RHNA Housing Assignment (minimum)
Very Low

≤ 50%

$65,250

652 units

Low51-80%

$104,400

376 units

Median Income100%

$119,200

{reference point}

Moderate81-120%

$143,050

338 units

Above Moderate

>120% 

>$143,050

875 units



Minimum Total:2,241 units

Note: Maximum income is based on an Area Median Income (AMI) of $119,200 for a family of four in Contra Costa County 2020, as determined by the U.S. Department of Housing and Urban Development (HUD).  

Why This Matters

The State of California holds all local governments accountable for accommodating their assigned housing target, regardless of the remaining available land capacity within the community.  However, state law does allow cities and counties to decide where housing development should be located. Consequently, community participation is essential to creating a plan that reflects Danville's core planning values in a manner that is consistent with state law and identifies the most appropriate locations to accommodate the assigned housing target.


Penalties for Non-Compliance

Penalties for non-compliance with state housing law include court-imposed fines of up to $600,000 per month and potential lawsuits with consequences that include: 

  • Court-mandated compliance 
  • Court approval of housing development 
  • Suspension of ability to issue building permits

 

Stay Informed, Participate

Visit the DanvilleTownTalks.org platform to learn more, sign up for updates, contribute your input, request a presentation for your organization, and register for upcoming workshops.