There's more news on the housing front in Menlo Park. On Friday, October 21, 2022, Menlo Park received a response letter from the California Department of Housing and Community Development (HCD) regarding its Draft Housing Element. The letter states that "revisions will be necessary to comply with State Housing Element Law." See the letter below.
The deadline for all Bay Area cities to produce a substantially compliant Housing Element is January 31, 2023. If cities miss the State due date, serious consequences may be applied including:
Fine's, fees and funding disqualification
Suspension of local land use power/court approval of housing development
Moratorium on all permits (kitchen remodels, etc.)
The "Builder's Remedy"
The "Builder's Remedy" is a type of project outlined in the Housing Accountability Act. It applies to housing development projects for "very low, low or moderate income households." Developments that are 20% low income or 100% moderate income qualify. If a city does not have a Housing Element that is substantially compliant, and if the city has not met or exceeded its Regional Housing Needs Allocation (RHNA) development by income category, with the exception of the project having "an adverse impact on public health and safety" (very high threshold), the city would be at risk of not being able to deny the project, even if it is inconsistent with both the zoning ordinance and the land use designation as specified in any General Plan element. Click here for a recently drafted paper on the "Builder's Remedy" by the Association of Bay Area Governments (ABAG).
Below are several recent stories covered in the press about the "Builder's Remedy."
Cities can no longer treat the Housing Element as a performative exercise.
The State means business with Cycle 6 (2023-2031).
There are serious consequences for cities that do not adopt a substantially compliant Housing Element by the deadline (January 31, 2023), including the “Builder’s Remedy.”
Menlo Park must make major revisions (outlined in a letter it just received from the California Department of Housing and Community Development [HCD]) to its Housing Element before it can be deemed substantially compliant.
Ready to get started?
Click here (or the video above) to watch "Response from the California Department of Housing and Community Development (HCD) to Menlo Park's Draft Housing Element and the "Builder's Remedy." To link to the presentation, click here.
Thank you in advance for taking the time to learn about Housing Element and the "Builder's Remedy," and to engage in our civic process.
