Danville

Permit-Ready Garden Cottage Program

The program offers a selection of pre-approved, permit-ready ADU building plans that can be downloaded free-of-charge (detached units only).  Because these ADU plans have been pre-plan checked, they are eligible for expedited processing and lower building permit fees. In 2022, the Town initiated the process to update the ADU plans to meet the 2022 State Building Code changes.

Estbalishment of the program is complete. The Town continues to implement the program through advertising in various new letters and social media.

Tri-Valley Affordable HOUsing Committee

The Town continues to participate as a member of the Tri-Valley Affordable Housing Committee (TVAHC). The TVAHC continues to function as the sub-region’s affordable housing forum.

on-going

Residential Ordinance

The Town has initiated the process of updating its residential ordinances to comply with State law, including modifiying provisions related to in-home child care facilities and group homes.

Under Preperation

SB 9 Implementtion

The Town developed and the Town Council approved a resolution identifying applicable objective development standards, subdivision standards, design standards, and minimum submittal requirements related to the implementation of the mandated requirements of State Senate Bill 9 whose passage was intended to “facilitate the process for homeowners to build a duplex or split their current residential lot, expanding housing options for people of all incomes that will create more opportunities for homeowners to add units on their existing properties.” Any application submitted under SB 9 is subject to a ministerial review process, requiring action to be taken based on nondiscretionary, objective development standards, with no public notification nor public hearings. Furthermore, applications submitted under SB 9 are exempt from all otherwise applicable requirements of the California Environmental Quality Act (CEQA). While the State law limits the Town’s discretionary review process for both two-unit housing developments and urban lot splits, the Town may apply objective development standards, objective subdivision standards, and objective design standards contained within various sections of the Town’s Municipal Code. In addition, the Town may establish minimum application submittal requirements which will allow for a thorough and timely review of these applications.

Complete. The Town has receoved and reviewed over 20 SB 9 application in just over a year.

Senior Housing

The Town approved a 57-unit senior condominium development at 375 West El Pintado. The development exceeds 30 units per acre.

Approved. Working on building permits

Promote Mixed Use Development

The Town worked with the Developer to develop a mixed use project in the core downtown area. The project resulted in 4,000 square feet of ground floor commercial space along the Hartz Avenue street frontage, and 37 condominium units above and behind. The residential development is over 30 units per acre.

Under Construction

ADU Ordinance

The Town has initiated the process of updating its ADU Ordinance to comply with SB 897.

Under Preperation

2023-2031 Housing Element

The Town conducted over 30 webinars and proesentaions to various community groups regarding the Housing Element update process and requirements. This education lead to a much smoother and less controvercial review and approval proccess, despite redesignating for multifamily housing more than four times the number units than the fifth cycle Housing Element

Complete.

Permit-Ready Garden Cottage Program

The program offers a selection of pre-approved, permit-ready ADU building plans that can be downloaded free-of-charge (detached units only).  Because these ADU plans have been pre-plan checked, they are eligible for expedited processing and lower building permit fees. 

Estbalishment of the program is complete. The Town continues to implement the program through advertising in various new letters and social media.

Implementation Measure 1.3.5. of Danville 2015-2022 Housing Element.

Review, and approve where deemed appropriate, amendments to the regulations set forth in the Town’s (Accessory Dwelling Unit) Ordinance (amended in 2014) relative their effectiveness in meeting the intent of Policy 1.3 and the purpose of the Ordinance.

Update for 2019: The Accessory Dwelling Unit Ordinance was last updated in July 2017 - with the changes bringing the regulations into alignment with SB 1009, AB 2299, and AB 2406.Changes in State legislation that went into effect January 1, 2018 will be reviewed to determine if further revisions to the Town’s Accessory Dwelling Unit Ordinance need to be made to assure the regulations remain consistent with the intent and requirements of state housing law. Danville’s Accessory Dwelling Unit Ordinance was rendered moot by the adoption of new statewide ADU legislation that went into effect on January 1, 2020. The Town has begun the process of amending the prior ordinance to have it align with the new state standards.

Implementation Measure 3.3.1. of Danville 2015-2022 Housing Element.

Review, and approve where deemed appropriate, amendments to the current regulations pertaining to supportive housing relative their effectiveness to meet the intent of Policy 3.3 and the intent and requirements of SB 2 approved by the state in 2007.

Update for 2019: Changes in state legislation that went into effect in both January 1, 2018 and January 1, 2020 will be reviewed to determine if revisions relative to Danville’s regulations pertaining to supportive housing need to be made to assure the regulations remain consistent with the intent and requirements state housing law.

Implementation Measure 1.3.7. of Danville 2015-2022 Housing Element.

Survey (accessory dwelling unit) rents to see which income groups they are serving.

Action to be taken in 2018: Reflecting HCD input and concurrence, the Danville 2007-2014 Housing Element assumed accessory dwelling units (ADUs) of up to 750 square feet in size could be assumed to be appropriate for low income households and that second units between 751 and 1,000 square feet in size could be assumed to be appropriate for moderate income households. Changes in market rate rent conditions leading into the start of the 2014-2022 Planning Period prompted Danville, again with HCD input and concurrence, to adjust the assumptions on affordability of ADUs. With the adoption of the 2014-2022 Housing Element, Danville documented that ADUs that were up to 550 square feet in size could be assumed to be appropriate for low income households and that second units between 551 and 1,000 square feet in size could be assumed to be appropriate for moderate income households. In recognition to ongoing upward pressure on rental rates, the Town will review the assumptions put forward in the 2014-2022 Housing Element during 2018. Update for 2019: In recognition of discussion above regarding the size of ADUs that may be considered affordable by design to low- and moderate-income households, Danville will review market rate rent conditions once the permit-ready ADU program comes online.

Implementation Measure 1.7.2. of Danville 2015-2022 Housing Element.

Review, and approve where deemed appropriate, amendments to the regulations contained in the Municipal Code that address non-conforming uses to assure significant non-residential reuse of sites designated for multifamily use does not occur...

Status and action to be taken: In advance of processing the Development Plan request for the for-rent 144-unit density bonus project on the Danville Office Partners property, the Town denied the property owner’s request for a land use permit to expand and extend the life of the non-conforming office uses that occupy the 3.75 acre site. Update for 2019: As has been an ongoing policy directive for two-plus decades, Danville continued to discourage the “loss” of multifamily sites to the developed of licensed residential care facilities.

Implementation Measure 1.8.1. of Danville 2015-2022 Housing Element.

Consistent with Policies 1.03, 1.04, 1.05, and 3.08 of the Danville 2030 General Plan initiate a zoning text amendment to create a zoning overlay district for smaller, underutilized multifamily residential parcels to facilitate their redevelopment with new, or denser, multifamily residential uses.

Update for 2019: In recognition of the staff effort committed from Fall 2019 through to June, 2020 to roll out three “permit-ready” ADU options, as well recognition of anticipated enhanced staff effort to process ADUs once the program is operational (an annual tripling of ADUs is anticipated), no additional work on Housing Implementation Measure 1.8.1. is anticipated to occur through the end of the current Housing Element planning period. With options for permit ready ADUs of 600 square foot, 850 square foot and 1,000 square foot, the permit ready ADU program will result in a measurable increase in the production of housing units in Danville appropriate for low- and moderate-income households by simplifying the design, permitting and construction need for ADUs and by reducing the costs associated with ADUs.

Implementation Measure 1.8.2. of Danville 2015-2022 Housing Element.

Review, and approve where deemed appropriate, amendments the regulations set forth in the Density Bonus Ordinance relative the merits of offering a tiered density bonus program based on lot size to encourage consolidation of small lots for multifamily development.

Update for 2019: Danville’s Density Bonus Ordinance was last updated in October 2014. Changes in state legislation pertaining to density bonus regulations subsequent to that update create a need to again review the ordinance for consistency with state housing law. Part of that review should include the review additional changes suggested for consideration in Policy 1.8.2. During 2019, the Town will assess whether changes to the Density Bonus Ordinance are warranted or required in response to the collection of housing laws that went into effect Statewide in January 2018. In recognition of the staff effort committed from Fall 2019 through to June, 2020 to roll out three “permit-ready” ADU options, as well recognition of anticipated enhanced staff effort to process ADUs once the program is operational (an annual tripling of ADUs is anticipated), no additional work on Housing Implementation Measure 1.8.2. is anticipated to occur through the end of the current Housing Element planning period. With options for permit ready ADUs of 600 square foot, 850 square foot and 1,000 square foot, the permit ready ADU program will result in a measurable increase in the production of housing units in Danville appropriate for low- and moderate-income households by simplifying the design, permitting and construction need for ADUs and by reducing the costs associated with ADUs.

Implementation Measure 2.9.1. of Danville 2015-2022 Housing Element.

Research the opportunities and merits of supporting shared housing opportunities in Danville through Town-contribution to appropriate County agencies and/or community-based organizations.

Update for 2019: With the range of work items slated to occur in 2020, work associated with Implementation Policy will be pushed forward to 2021.

Implementation Measure 1.2.2. of Danville 2015-2022 Housing Element (Part 2 of 2).

Continue to encourage second units in new construction as a development option to meet the requirements of the Town’s Inclusionary Housing Ordinance.

Update for 2019 (Part 2 of 2): Other jurisdictions that have created permit ready ADU programs (e.g., the City of Encinitas) experienced a tripling of the annual output of ADUs after the programs were introduced. A change in the relative scarcity of number of ADUs that are available will make both existing and future ADUs more affordable to low- and moderate-income households. Significantly, the increase in the number of ADUs moving forward will have occurred at a time where the “buying power” of low- and moderate-income households in the area has substantially increased. The 2014 HCD-published income figures indicated a two-person low income household had an income range that would make rental housing affordable (i.e., <30% of gross household income) where rents were in the range of $935 to $1,350 a month. The 2020 HCD-published income figures indicate a two-person low income household now has an income range that would make rental housing affordable (again holding housing costs to <30% of gross household income) where rents were in the range of $1,305 to $2,090 a month. At the high end of the ranges, this is a $740 a month (55%) swing on the relative “buying power” of low income households in the area. With these changes, Danville will recalibrate the size of ADUs it will consider to be affordable by design for low- and moderate-income households for the 2015-2022 planning period (see Attachment 1). Danville will assume new ADUs delivered in the eight year period to be affordable by design for one- or two-person low income households where the ADU is <851 square feet in size. Additionally, Danville will assume new ADUs delivered in the eight year period to be affordable by design for one- or three-person moderate income households where the ADU is in a size range of 851 square feet to 1,200 square feet.

Implementation Measure 1.7.1. of Danville 2015-2022 Housing Element.

Continue to work with pertinent individuals and groups (e.g., property owners and prospective multifamily developers) to maintain the continued availability and development feasibility of the properties designated for multifamily use as a result of the 2007-2014 RHNA shortfall analysis.

Action taken in 2017 (with overlap into early 2018): For background discussion related to this implementation measure, refer to discussion for Implementation Measure 1.2.2 above. During the later stages of 2017 and through 2018 the Town actively worked with Trammell Crow Residential (TCR) as they were transitioning into the role of project developer for the 3.75 acre Diablo Road RHNA shortfall site. The effort resulted in an issuance of a determination of “substantial conformance” for project changes proposed by TCR - with all changes having been deemed by the Town to be project upgrades. Securing a “substantial conformance” determination allows the project to progress with a smoother, and faster, transition from the 2017 entitlement approval to building permit submittal - avoiding project uncertainty that could have occurred if another round of project public hearings was determined to be required. As a result, TCR is working towards a building permit issuance date by early 2019. Update for 2019: Frequent discussion with potential residential builders occurred in 2019 involving the EBRPD/Borel site (being two acres of multifamily 20-25 dus/acre and five acres of multifamily 25-30 dus/acre as well as being the last undeveloped RHNA shortfall sites created by the 2013 General Plan update effort). Additional discussions occurred in 2019 involving the Mixed Use Faz Restaurant property in the Downtown Core area (would provided residential uses in a 20-25 dus/acre range) and the West El Pintado multifamily 20-25 dus/acre site (which secured an entitlement in late 2019). Other, smaller mixed use and multifamily sites were also discussed over the course of the year.

Implementation Measure 2.2.1. of Danville 2015-2022 Housing Element.

Using the development review process, integrate new multifamily housing developed in and around the Downtown area through linkages to shopping, transit facilities, and civic uses – maximizing the walkability of the ultimate project design.

Update for 2019: The Diablo Road project approval discussed above for Implementation Measure 1.2.2 will lead to an installation of a critical pedestrian linkage in the Downtown Area, with the project cost to be initially split 50/50 between developer and the Town and with provision of possible future reimbursement to the developer if abutting private properties redeveloped. The Trammell Crow Residential project was under construction throughout 2019 and the developer is taking the lead to assure the construction of the pedestrian bridge over San Ramon Creek in a partnership with the Town.

Implementation Measure 7.1.1. of Danville 2015-2022 Housing Element.

Continue to work with the sellers of the below market rate units established through the inclusionary housing program to reset the twenty year resale restriction upon sale of the units.

Update for 2019: Approximately eight for-sale below market rate units (BMR) have had their term of affordability extended because of staff actions with the sellers of the BMRs. The Town will continue to look for opportunities to extend the term of affordability as additional units become available through resale.