Bay Area cities face Second Housing Element deadline

Bay Area jurisdictions are at risk of missing their second housing plan deadline this year, which would result in more state-imposed penalties. 

By May 31, cities and counties failing to adopt a state-approved Housing Element face an accelerated timeline for implementing necessary rezoning outlined in their housing plans, the San Francisco Business Times reported.

Housing Elements are blueprints created every eight years to demonstrate compliance with California’s housing production goals, while rezoning modifies local land use codes to allow proposed housing development.

The original deadline for Bay Area municipalities to create a Housing Element was Jan. 31. More than 80 percent of Bay Area jurisdictions currently do not comply with state housing law. As of May 22, only 20 out of 109 jurisdictions have an approved Housing Element, and one more is expected to join their ranks soon. Thirty jurisdictions have submitted their housing elements for review, and if approved and adopted before May 31, they may meet the deadline.

For missing the original deadline, cities face penalities such as “builder’s remedy” and they may lose eligibility for state funding for affordable housing, transportation and infrastructure.

Now, five months later, jurisdictions that get their Housing Element approved by May 31 will have three years for rezoning, but those missing it will only have eight months until Jan. 31, 2024. 

However, the feasibility of completing rezoning within the shortened timeline remains uncertain.

In the Bay Area 53 jurisdictions, including San Jose, Walnut Creek and Hayward, have submitted initial drafts but lack approval or updated plans under review. Additionally, five jurisdictions, namely Alameda County, Martinez, Daly City, Half Moon Bay and Vallejo, have not submitted any plans to the state.

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Despite the concerning numbers, the Bay Area is in better shape compared to Southern California last year when nearly all jurisdictions missed housing adoption deadlines. 

Southern California cities, including Los Angeles, deemed the expedited rezoning timeline impossible. As a result, legislative intervention granted Southern California, San Diego and Sacramento jurisdictions three-year extensions for rezoning, provided they adopt approved Housing Elements within new predetermined deadlines.

— Dana Bartholomew