General Plan Housing Elements

Overview

The general plan housing element implements the declaration of State law that “the availability of housing is a matter of vital statewide importance and the attainment of decent housing and a suitable living environment for all Californians is a priority of the highest order” (Gov. Code, § 65580). Provisions in the housing element are more specific and directive than other elements and contain detailed guidance and reviews. The law requires that the Department of Housing and Community Development (HCD) review the housing element for compliance and that local jurisdictions submit annual progress reports to HCD (Gov. Code, §§ 65585, 65400, subd. (a)(2)(B)). The housing element must be revised and submitted periodically on a four, five, or eight year cycle, depending on various factors (Gov. Code, § 65588).

Lead

County or city planning department, or housing department

Required Consultation, Review, and Approval 
  • Consultation: California Native American Tribes; Housing Accountability and Enforcement Unit at the Department of Housing and Community Development 
  • Review: Department of Housing and Community Development 
  • Approval: Department of Housing and Community Development; county board of supervisors or city council
Enabling Statutes

Gov. Code, §§ 65302, subd. (c); 65580-65589.11

Required Components
  • State law requires jurisdictions make a diligent effort to include all economic groups when developing a housing element (Gov. Code, § 65583, subd. (c)(9)).

  • AB 686 (2018) requires public agencies to affirmatively further fair housing by taking meaningful actions, in addition to combating discrimination, that overcome patterns of segregation and foster inclusive communities free from barriers that restrict access to opportunity based on protected characteristics. (Gov. Code, § 8899.50).

Coastal Hazards
  • Government Code section 65588, subdivision (d) requires the review of the housing element for jurisdictions located within a coastal zone to provide an additional analysis of units constructed, demolished and replaced within three miles of a coastal zone to ensure the affordable housing stock with the coastal zone is being protected and provided as required by Government Code section 65590.

  • For jurisdictions updating their safety element or other plans for compliance with evacuation route planning requirements that SB 99 (2019) (Gov. Code, § 65302, subd. (g)(5)), AB 747 (2019) and AB 1409 (2021) (Gov. Code, § 65302.15) mandate, agencies can consider potential constraints regarding evacuations when updating their land use or housing elements.

  • When possible, update the housing element, safety element, and/or local hazard mitigation plan concurrently or sequentially to synchronize long-term integration and meet SB 1035 (2017) requirements (Gov. Code, § 65302, subd. (g)(6)). Updating both elements concurrently may trigger an SB 1000 (2016) environmental justice element update (Gov. Code, § 65302, subd. (h)). See Appendix B for additional ideas on how to align multiple updates.

  • Jurisdictions can affirmatively further fair housing amidst growing climate and disaster risks by employing place-based strategies to encourage community conservation and revitalization. Climate disasters can be a significant cause of displacement, but strategies like home hardening in higher risk areas and preservation in lower risk areas can help protect affordable housing supply (Guidance for Affirmatively Furthering Fair Housing).

  • Equitable hazard mitigation strategies, such as urban forestry and flood prevention measures in disadvantaged communities, can both reduce climate risk to property and improve environmental health. Jurisdictions can build community adaptive capacity to climate impacts by improving infrastructure and services in areas of lower opportunity and concentrated poverty, such as parks, schools, public transportation, and other community amenities (Guidance for Affirmatively Furthering Fair Housing).

Wildfire 
  • To reduce community exposures to wildfire in the WUI, balance expanding housing access for residents of all income levels (infill development planning) with conservation and open space planning across General Plan elements to complement Housing Element policies.

Flood After Fire
  • For jurisdictions subject to SB 1241 (Gov. Code §§ 65302 and 65302.5), address post-fire hazards (e.g., flooding, debris flows, mudslides) that may be triggered by wildfire events. Such information can be addressed in the Safety Element and cross-referenced to the wildfire section where appropriate.
Coastal Hazards
  • When inventorying and analyzing specific sites along the shoreline for housing development suitability as part of the regional housing needs allocation process, jurisdictions should evaluate whether the impacts of a changing climate will affect the suitability of sites and zoning by subjecting sites to risks such as erosion, flooding, sea level rise, groundwater intrusion, and other climate change-related hazards.

  • A climate vulnerability assessment and other risk assessments can be used to determine future housing placement based on both current and future risks.

  • California’s recent history has shown that environmental disasters such as wildfires, earthquakes, and floods can be significant causes of displacement, and that climate change is accelerating the risk from such disaster events. Climate risks can put pressure on lower income communities who may not have the means to relocate to lower risk areas, while disasters can place significant upward pressure on housing costs in receiving communities that suddenly absorb new residents before additional housing can be built. The housing element must include an assessment of disproportionate housing needs, including displacement risk, on people with protected characteristics and households with low incomes (Gov. Code, § 65583, subd. (c)(10); Guidance for Affirmatively Furthering Fair Housing).

  • Any analysis of disaster-driven displacement risk should call out how intensifying environmental hazards and climate risk may impact low-income renters in the community, as well as any existing programs or resources meant to increase resiliency and address those risks. Disaster risk is not a justification for the perpetuation of patterns of segregation. Jurisdictions should strategically use land use, hazard mitigation, and disaster recovery planning to coordinate strategies for addressing environmental hazard risk, climate change adaptation, fair housing, and housing affordability (Guidance for Affirmatively Furthering Fair Housing).

Coastal and Flood Hazards
  • Jurisdictions should refer to their LHMP, safety element, environmental justice element, disaster recovery frameworks/plans, and any other recent locally available hazard data to detail the types of environmental hazards present in the community, the location of high hazard risk areas in the community, and which populations are in vulnerable areas. FEMA flood maps are a good starting point for assessing flood risk, but jurisdictions are encouraged to utilize any more recent local flood risk data available, as FEMA flood maps do not account for climate change and aren’t always up to date (Guidance for Affirmatively Furthering Fair Housing).

  • When considering how climate change impacts populations in shoreline areas, especially when considering coastal hazards, include port and harbor populations living in maritime vessels and any other populations living in less-traditional, long- or short-term housing.

  • Synchronize LHMP and housing element updates with safety element updates, when possible, to leverage the process and reduce redundancy across all three efforts, especially when communities have an LHMP update due proximal to their next housing element update. Recently updated LHMPs can be used as a resource for a subsequent safety element review or update.

  • Use existing goals and projects in the housing and land use elements as the foundation for disaster recovery planning, including expanding housing access for residents of all income levels and focusing new development in the existing development footprint, to protect natural and working lands, reduce the fiscal costs of sprawl, and limit future disaster vulnerability. This approach, also known as infill development, can help align recovery planning efforts with policies and building codes already in place, while helping to identify where changes might need to be made to support the building back of safer communities that are more resilient to future disasters.

Coastal Hazards
  • Potential conflicts may arise between housing element policy and LCP sea level rise adaptation strategies (for example, policies for avoiding new construction, or moving existing housing, in high-risk areas). This can be avoided by aligning housing element zoning, density policy, and other measures with LCP sea level rise policies and general plan safety element information regarding flooding and climate adaptation. If conflicts do arise, the Coastal Act generally takes precedence within the Coastal Zone.

  • Local governments may also consider submitting LCP land use plans with provisions that protect and encourage affordable housing consistent with general plan housing element requirements and Chapter 3 policies of the Coastal Act, as the Coastal Commission is required to encourage housing opportunities for persons of low and moderate income (Pub. Resources Code, § 30604, subd. (f)).

  • Consider carefully whether your alignment (planning) team or advisory groups should include any of the entities from each of these entity types, as applicable to your jurisdiction. Develop a plan to determine how and when to engage different entities to achieve the most equitable and accurate results.

Coastal Resilience Compass

Sea-level rise and other coastal hazards that will worsen with climate change require an integrated, collaborative approach. Learn more about plan alignment opportunities in the coastal zone of California.

Flood-After-Fire Resilience

“Flood-after-fire" and “post-fire flooding and landslide” events are increasingly likely as climate change drives more frequent wildfire and drought conditions, and variable precipitation patterns. Learn how to align disparate planning efforts to address risk from flood-after-fire events.

Wildfire Resilience

As fires become more severe and wildfire season expands due to the impacts of climate change, California’s communities must learn to adapt and mitigate wildfire risk. Learn how integrated, aligned planning can address wildfire risk.