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Town of Fairfax
Housing Element
Annual Progress Report
Town Council Meeting
March 5, 2025
Meeting Objectives
• Present the Annual Progress Report
• Receive direction to submit the HCD
Background
What is a Housing Element?
• State-mandated element
• Town’s plan for addressing local
housing needs
• Updated on an 8-year cycle
• Subject to statutory
requirements
• Mandatory review by Dept.
Housing & Community
Development (HCD)
required
elements
8 Zoning Code Update – Housing Policy Implementation Town of Fairfax IMAGE
Key Housing Element
Components
• Inventory of available sites for housing
• Projection of realistic capacity
• Assessment of housing needs, constraints,
and “fair housing” issues
• Action Plan of implementing programs
2023 - 2031 RHNA Allocations
Fairfax 149 86 71 184 490
Annual Progress Report
What is the APR?
• Housing Element adopted in
December 2023
• Program 5-B calls for annual update
• State law also requires submittal of
an Annual Progress Report to HCD by
April 1
• Failure to submit APR could result in
lawsuit and court-mandated
compliance
Format and Content
• HCD provides a template
for the APR which tracks:
• Number of permits issued
• Level of affordability
• Status of Housing Element
programs
Progress on Program Implementation (2024)
• Reach out to and meet developers (3-H, 4-A)
• Market ADU laws and regulations and fair housing
information and other housing related news (1-H, 1-J, 4-D, 4-F)
• Adopt zoning code amendments
• Shopkeeper housing (1-D)
• Live Work Units (1-E)
• Workforce Housing Overlay (2-A)
• Low impact clustered residential (2-D)
• Adopt objective design and development standards (2-C) Program Implementation (2025)
• Wider Housing Choice Voucher acceptance (4-B)
• Geologic study in town center area (2-J)
• Financial assistance programs specific to ADUs (1-L)
• Monitoring strategy for renters and landlords (3-F)
• Continue outreach to developers for opportunity sites (4-A) • Pursue Town Center Plan funding (1-A)
(Table D of the HCD spreadsheet has complete list)
Next Steps
Next Steps
• Submit Adopted APR to HCD
• Complete Housing Element Update project by
adopting updated Safety Element, Land Use
Element and Town Center Element
April 1st
Overdue
Back Up
Govt Code 65400(b)
• (b) (1) (A) The department may request corrections to the housing element portion of an annual report submitted pursuant to paragraph (2) of subdivision (a) within 90 days of receipt. A planning agency shall make the requested corrections within 30 days after which the department may reject the report if the report is not in substantial compliance with the requirements of that paragraph.
• (B) If the department rejects the housing element portion of an annual report as authorized by subparagraph (A), the department shall provide the reasons the report is inconsistent with paragraph (2) of subdivision (a) to the planning agency in writing. • (2) If a court finds, upon a motion to that effect, that a city, county, or city and county failed to submit, within 60 days of the deadline established in this section, the housing element portion of the report required pursuant to subparagraph (B) of paragraph (2) of subdivision (a) that substantially complies with the requirements of this section, the court shall issue an order or judgment compelling compliance with this section within 60 days. If the city, county, or city and county fails to comply with the court’s order within 60 days, the plaintiff or petitioner may move for sanctions, and the court may, upon that motion, grant appropriate sanctions. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment is not carried out within 60 days, the court may issue further orders as provided by law to ensure that the purposes and policies of this section are fulfilled. This subdivision applies to proceedings initiated on or after the first day of October following the adoption of forms and definitions by the Department of Housing and Community Development pursuant to paragraph (2) of subdivision (a), but no sooner than six months following that adoption.