AB 2208: Local planning: housing element: inventory of land for residential development.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2016-09-22
Existing law, the Planning and Zoning Law, requires a city or county to adopt a comprehensive, long-term general plan for the physical development of the city or the county and of any land outside its boundaries that bears relation to its planning. That law requires the general plan to contain specified mandatory elements, including a housing element. Existing law requires the housing element to contain an inventory of land suitable for residential development, as defined, and requires that inventory to be used to identify sites that can be developed for housing within the planning period and that are sufficient to provide for the jurisdictions share of the regional housing need for all income levels.
This bill would revise the definition of land suitable for residential development to include the airspace above sites owned or leased by a city, county, or city and county. By imposing new duties upon local agencies with respect to the housing element of the general plan, this bill would impose a state-mandated local program.
The bill would require the department to provide guidance to local governments to properly survey, detail, and account for sites listed within the local governments inventory of land suitable for residential development.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law, the Planning and Zoning Law, requires a city or county to adopt a comprehensive, long-term general plan for the physical development of the city or the county and of any land outside its boundaries that bears relation to its planning. That law requires the general plan to contain specified mandatory elements, including a housing element. Existing law requires the housing element to contain an inventory of land suitable for residential development, as defined, and requires that inventory to be used to identify sites that can be developed for housing within the planning period and that are sufficient to provide for the jurisdictions share of the regional housing need for all income levels.
This bill would revise the definition of land suitable for residential development to include the airspace above sites owned or leased by a city, county, or city and county. By imposing new duties upon local agencies with respect to the housing element of the general plan, this bill would impose a state-mandated local program.
The bill would require the department to provide guidance to local governments to properly survey, detail, and account for sites listed within the local governments inventory of land suitable for residential development.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law, the Planning and Zoning Law, requires a city or county to adopt a comprehensive, long-term general plan for the physical development of the city or the county and of any land outside its boundaries that bears relation to its planning. That law requires the general plan to contain specified mandatory elements, including a housing element. Existing law requires the housing element to contain an inventory of land suitable for residential development, as defined, and requires that inventory to be used to identify sites that can be developed for housing within the planning period and that are sufficient to provide for the jurisdictions share of the regional housing need for all income levels.
This bill would revise the definition of land suitable for residential development to include the airspace above sites owned or leased by a city, county, or city and county. By imposing new duties upon local agencies with respect to the housing element of the general plan, this bill would impose a state-mandated local program.
This bill would also require, until December 31, 2023, the department to provide guidance to local governments to properly survey, detail, and account for sites listed pursuant to a requirement that the city or county consider the above-described guidelines for the preparation of housing elements. The bill would require the department to provide this guidance for purposes of the requirement that a citys or countys inventory of land suitable for residential development be used to identify sites that can be developed and provide for the jurisdictions share of the regional housing need for all income levels, as specified.
Existing law authorizes the Department of Housing and Community Development to adopt and, from time to time, revise guidelines for the preparation of housing elements and a document that meets specified requirements.
This bill would require the department to adopt and revise, as necessary, these guidelines.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law, the Planning and Zoning Law, requires a city or county to adopt a comprehensive, long-term general plan for the physical development of the city or the county and of any land outside its boundaries that bears relation to its planning. That law requires the general plan to contain specified mandatory elements, including a housing element. Existing law requires the housing element to contain an inventory of land suitable for residential development, as defined, and requires that inventory to be used to identify sites that can be developed for housing within the planning period and that are sufficient to provide for the jurisdictions share of the regional housing need for all income levels.
This bill would revise the definition of land suitable for residential development to include above sites owned or leased by a city, county, or city and county. By imposing new duties upon local agencies with respect to the housing element of the general plan, this bill would impose a state-mandated local program.
This bill would also require, until December 31, 2023, the department to provide guidance to local governments to properly survey, detail, and account for sites listed pursuant to a requirement that the city or county consider the above-described guidelines for the preparation of housing elements. The bill would require the department to provide this guidance for purposes of the requirement that a citys or countys inventory of land suitable for residential development be used to identify sites that can be developed and provide for the jurisdictions share of the regional housing need for all income levels, as specified.
Existing law authorizes the Department of Housing and Community Development to adopt and, from time to time, revise guidelines for the preparation of housing elements and a document that meets specified requirements.
This bill would require the department to adopt and revise, as necessary, these guidelines.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law, the Planning and Zoning Law, requires a city or county to adopt a comprehensive, long-term general plan for the physical development of the city or the county and of any land outside its boundaries that bears relation to its planning. That law requires the general plan to contain specified mandatory elements, including a housing element. Existing law requires the housing element to contain an inventory of land suitable for residential development, as defined, and requires that inventory to be used to identify sites that can be developed for housing within the planning period and that are sufficient to provide for the jurisdictions share of the regional housing need for all income levels.
This bill would expand that inventory revise the definition of land suitable for residential development to include buildings owned or under the control of a city or a county, zoned for residential or nonresidential use and capable of having residential developments constructed above the existing building, and to include underutilized sites, as defined. above sites owned or leased by a city, county, or city and county. By imposing new duties upon local agencies with respect to the housing element of the general plan, this bill would impose a state-mandated local program.
Existing law authorizes the Department of Housing and Community Development to adopt and, from time to time, revise guidelines for the preparation of housing elements and a document that meets specified requirements.
This bill would require the department to adopt and revise, as necessary, these guidelines.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law, the Planning and Zoning Law, requires a city or county to adopt a comprehensive, long-term general plan for the physical development of the city or the county and of any land outside its boundaries that bears relation to its planning. That law requires the general plan to contain specified mandatory elements, including a housing element. Existing law requires the housing element to contain an inventory of land suitable for residential development, and requires that inventory to be used to identify sites that can be developed for housing within the planning period and that are sufficient to provide for the jurisdictions share of the regional housing need for all income levels.
This bill would expand that inventory of land suitable for residential development to include buildings owned or under the control of a city or a county, zoned for residential or nonresidential use and capable of having residential developments constructed above the existing building, and to include underutilized sites, as defined. By imposing new duties upon local agencies with respect to the housing element of the general plan, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Existing law establishes the powers of the State Public Works Board, for the purposes of the State Building Construction Act of 1955, including the authority to construct public buildings, as defined. Existing law requires all moneys received by the board from whatever source derived, to be deposited in the State Treasury to the credit of the Public Buildings Construction Fund, which is continuously appropriated to the board for specific purposes.
This bill would require, before constructing, including seismic retrofitting, a public building with state funds, the board to sell the air rights above the public building to a private or nonprofit developer to construct affordable housing above the public building. The bill would also require the public works contract to construct the public building to include provisions that require the building to be constructed or retrofitted to accommodate additional structures or levels that may be added by a private or nonprofit developer to provide affordable housing. By increasing the amount of funds deposited into a continuously appropriated fund, this bill would make an appropriation.
Existing law authorizes the board of supervisors of a county to construct, expand, lease, build, rebuild, furnish, refurnish, or repair various public buildings, including a hospital, courthouse, jail, historical museum, aquarium, library, art gallery, art institute, exposition building for exhibiting and advertising farming, mining, manufacturing, livestock raising, and other resources of the county, stadium, coliseum, sports arena, or sports pavilion or other building for holding sports events, exhibitions, and other public meetings. Existing law authorizes a county or city and county to enter into leases and agreements relating to real property and buildings to be used jointly by the county or city and county and any private person, firm, or corporation.
This bill would require, before constructing, including seismic retrofitting, a public building with state funds, the board of supervisors to sell the air rights above the public building to a private or nonprofit developer to construct affordable housing above the public building. The bill would also require the public works contract to construct the public building to include provisions that require the building to be constructed or retrofitted to accommodate additional structures or levels that may be added by a private or nonprofit developer to provide affordable housing.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Existing law establishes the powers of the State Public Works Board, for the purposes of the State Building Construction Act of 1955, including the authority to construct public buildings, as defined. Existing law requires all moneys received by the board from whatever source derived, to be deposited in the State Treasury to the credit of the Public Buildings Construction Fund, which is continuously appropriated to the board for specific purposes.
This bill would require, before constructing, including seismic retrofitting, a public building with state funds, the board to sell the air rights above the public building to a private or nonprofit developer to construct affordable housing above the public building. The bill would also require the public works contract to construct the public building to include provisions that require the building to be constructed or retrofitted to accommodate additional structures or levels that may be added by a private or nonprofit developer to provide affordable housing. By increasing the amount of funds deposited into a continuously appropriated fund, this bill would make an appropriation.
Existing law authorizes the board of supervisors of a county to construct, expand, lease, build, rebuild, furnish, refurnish, or repair various public buildings, including a hospital, courthouse, jail, historical museum, aquarium, library, art gallery, art institute, exposition building for exhibiting and advertising farming, mining, manufacturing, livestock raising, and other resources of the county, stadium, coliseum, sports arena, or sports pavilion or other building for holding sports events, exhibitions, and other public meetings. Existing law authorizes a county or city and county to enter into leases and agreements relating to real property and buildings to be used jointly by the county or city and county and any private person, firm, or corporation.
This bill would require, before constructing, including seismic retrofitting, a public building with state funds, the board of supervisors to sell the air rights above the public building to a private or nonprofit developer to construct affordable housing above the public building. The bill would also require the public works contract to construct the public building to include provisions that require the building to be constructed or retrofitted to accommodate additional structures or levels that may be added by a private or nonprofit developer to provide affordable housing.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
(a)A citys or countys inventory of land suitable for residential development pursuant to paragraph (3) of subdivision (a) of Section 65583 shall be used to identify sites that can be developed for housing within the planning period and that are sufficient to provide for the jurisdictions share of the regional housing need for all income levels pursuant to Section 65584. As used in this section, land suitable for residential development includes all of the following:
(1)Vacant sites zoned for residential use.
(2)Vacant sites zoned for nonresidential use that allows residential development.
(3)Residentially zoned sites that are capable of being developed at a higher density, including the airspace above sites owned or leased by a city, county, or city and county.
(4)Sites zoned for nonresidential use that can be redeveloped for, and as necessary, rezoned for, residential use, including above sites owned or leased by a city, county, or city and county.
(b)The inventory of land shall include all of the following:
(1)A listing of properties by parcel number or other unique reference.
(2)The size of each property listed pursuant to paragraph (1), and the general plan designation and zoning of each property.
(3)For nonvacant sites, a description of the existing use of each property.
(4)A general description of any environmental constraints to the development of housing within the jurisdiction, the documentation for which has been made available to the jurisdiction. This information need not be identified on a site-specific basis.
(5)A general description of existing or planned water, sewer, and other dry utilities supply, including the availability and access to distribution facilities. This information need not be identified on a site-specific basis.
(6)Sites identified as available for housing for above moderate-income households in areas not served by public sewer systems. This information need not be identified on a site-specific basis.
(7)A map that shows the location of the sites included in the inventory, such as the land use map from the jurisdictions general plan, for reference purposes only.
(c)Based on the information provided in subdivision (b), a city or county shall determine whether each site in the inventory can accommodate some portion of its share of the regional housing need by income level during the planning period, as determined pursuant to Section 65584. The analysis shall determine whether the inventory can provide for a variety of types of housing, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, emergency shelters, and transitional housing. The city or county shall determine the number of housing units that can be accommodated on each site as follows:
(1)If local law or regulations require the development of a site at a minimum density, the department shall accept the planning agencys calculation of the total housing unit capacity on that site based on the established minimum density. If the city or county does not adopt a law or regulations requiring the development of a site at a minimum density, then it shall demonstrate how the number of units determined for that site pursuant to this subdivision will be accommodated.
(2)The number of units calculated pursuant to paragraph (1) shall be adjusted as necessary, based on the land use controls and site improvements requirement identified in paragraph (5) of subdivision (a) of Section 65583.
(3)For the number of units calculated to accommodate its share of the regional housing need for lower income households pursuant to paragraph (2), a city or county shall do either of the following:
(A)Provide an analysis demonstrating how the adopted densities accommodate this need. The analysis shall include, but is not limited to, factors such as market demand, financial feasibility, or information based on development project experience within a zone or zones that provide housing for lower income households.
(B)The following densities shall be deemed appropriate to accommodate housing for lower income households:
(i)For an incorporated city within a nonmetropolitan county and for a nonmetropolitan county that has a micropolitan area: sites allowing at least 15 units per acre.
(ii)For an unincorporated area in a nonmetropolitan county not included in clause (i): sites allowing at least 10 units per acre.
(iii)For a suburban jurisdiction: sites allowing at least 20 units per acre.
(iv)For a jurisdiction in a metropolitan county: sites allowing at least 30 units per acre.
(d)For purposes of this section, a metropolitan county, nonmetropolitan county, and nonmetropolitan county with a micropolitan area shall be as determined by the United States Census Bureau. A nonmetropolitan county with a micropolitan area includes the following counties: Del Norte, Humboldt, Lake, Mendocino, Nevada, Tehama, and Tuolumne and other counties as may be determined by the United States Census Bureau to be nonmetropolitan counties with micropolitan areas in the future.
(e)(1)Except as provided in paragraph (2), a jurisdiction shall be considered suburban if the jurisdiction does not meet the requirements of clauses (i) and (ii) of subparagraph (B) of paragraph (3) of subdivision (c) and is located in a Metropolitan Statistical Area (MSA) of less than 2,000,000 in population, unless that jurisdictions population is greater than 100,000, in which case it shall be considered metropolitan. A county, not including the City and County of San Francisco, shall be considered suburban unless the county is in an MSA of 2,000,000 or greater in population in which case the county shall be considered metropolitan.
(2)(A)(i)Notwithstanding paragraph (1), if a county that is in the San Francisco-Oakland-Fremont California MSA has a population of less than 400,000, that county shall be considered suburban. If this county includes an incorporated city that has a population of less than 100,000, this city shall also be considered suburban. This paragraph shall apply to a housing element revision cycle, as described in subparagraph (A) of paragraph (3) of subdivision (e) of Section 65588, that is in effect from July 1, 2014, to December 31, 2023, inclusive.
(ii)A county subject to this subparagraph shall utilize the sum existing in the countys housing trust fund as of June 30, 2013, for the development and preservation of housing affordable to low- and very low income households.
(B)A jurisdiction that is classified as suburban pursuant to this paragraph shall report to the Assembly Committee on Housing and Community Development, the Senate Committee on Transportation and Housing, and the Department of Housing and Community Development regarding its progress in developing low- and very low income housing consistent with the requirements of Section 65400. The report shall be provided twice: once, on or before December 31, 2019, which report shall address the initial four years of the housing element cycle, and a second time, on or before December 31, 2023, which report shall address the subsequent four years of the housing element cycle and the cycle as a whole. The reports shall be provided consistent with the requirements of Section 9795.
(f)A jurisdiction shall be considered metropolitan if the jurisdiction does not meet the requirements for suburban area above and is located in an MSA of 2,000,000 or greater in population, unless that jurisdictions population is less than 25,000 in which case it shall be considered suburban.
(g)For sites described in paragraph (3) of subdivision (b), the city or county shall specify the additional development potential for each site within the planning period and shall provide an explanation of the methodology used to determine the development potential. The methodology shall consider factors including the extent to which existing uses may constitute an impediment to additional residential development, development trends, market conditions, and regulatory or other incentives or standards to encourage additional residential development on these sites.
(h)The program required by subparagraph (A) of paragraph (1) of subdivision (c) of Section 65583 shall accommodate 100 percent of the need for housing for very low and low-income households allocated pursuant to Section 65584 for which site capacity has not been identified in the inventory of sites pursuant to paragraph (3) of subdivision (a) on sites that shall be zoned to permit owner-occupied and rental multifamily residential use by right during the planning period. These sites shall be zoned with minimum density and development standards that permit at least 16 units per site at a density of at least 16 units per acre in jurisdictions described in clause (i) of subparagraph (B) of paragraph (3) of subdivision (c) and at least 20 units per acre in jurisdictions described in clauses (iii) and (iv) of subparagraph (B) of paragraph (3) of subdivision (c). At least 50 percent of the very low and low-income housing need shall be accommodated on sites designated for residential use and for which nonresidential uses or mixed-uses are not permitted, except that a city or county may accommodate all of the very low and low-income housing need on sites designated for mixed uses if those sites allow 100 percent residential use and require that residential use occupy 50 percent of the total floor area of a mixed-use project.
(i)For purposes of this section and Section 65583, the phrase use by right shall mean that the local governments review of the owner-occupied or multifamily residential use may not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval that would constitute a project for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. Any subdivision of the sites shall be subject to all laws, including, but not limited to, the local government ordinance implementing the Subdivision Map Act. A local ordinance may provide that use by right does not exempt the use from design review. However, that design review shall not constitute a project for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. Use by right for all rental multifamily residential housing shall be provided in accordance with subdivision (f) of Section 65589.5.
(j)Notwithstanding any other provision of this section, within one-half mile of a Sonoma-Marin Area Rail Transit station, housing density requirements in place on June 30, 2014, shall apply.
(k)For purposes of subdivisions (a) and (b), the department shall provide guidance to local governments to properly survey, detail, and account for sites listed pursuant to Section 65585.
(l)This section shall remain in effect only until December 31, 2023, and as of that date is repealed, unless a later enacted statute, that is enacted before December 31, 2023, deletes or extends that date.
SEC. 2.Section 65583.2 of the Government Code, as added by Section 2.5 of Chapter 875 of the Statutes of 2014, is amended to read:65583.2.(a)A citys or countys inventory of land suitable for residential development pursuant to paragraph (3) of subdivision (a) of Section 65583 shall be used to identify sites that can be developed for housing within the planning period and that are sufficient to provide for the jurisdictions share of the regional housing need for all income levels pursuant to Section 65584. As used in this section, land suitable for residential development includes all of the following:
(1)Vacant sites zoned for residential use.
(2)Vacant sites zoned for nonresidential use that allows residential development.
(3)Residentially zoned sites that are capable of being developed at a higher density, including the airspace above sites owned or leased by a city, county, or city and county.
(4)Sites zoned for nonresidential use that can be redeveloped for, and, as necessary, rezoned for, residential use, including above sites owned or leased by a city, county, or city and county.
(b)The inventory of land shall include all of the following:
(1)A listing of properties by parcel number or other unique reference.
(2)The size of each property listed pursuant to paragraph (1), and the general plan designation and zoning of each property.
(3)For nonvacant sites, a description of the existing use of each property.
(4)A general description of any environmental constraints to the development of housing within the jurisdiction, the documentation for which has been made available to the jurisdiction. This information need not be identified on a site-specific basis.
(5)A general description of existing or planned water, sewer, and other dry utilities supply, including the availability and access to distribution facilities. This information need not be identified on a site-specific basis.
(6)Sites identified as available for housing for above moderate-income households in areas not served by public sewer systems. This information need not be identified on a site-specific basis.
(7)A map that shows the location of the sites included in the inventory, such as the land use map from the jurisdictions general plan for reference purposes only.
(c)Based on the information provided in subdivision (b), a city or county shall determine whether each site in the inventory can accommodate some portion of its share of the regional housing need by income level during the planning period, as determined pursuant to Section 65584. The analysis shall determine whether the inventory can provide for a variety of types of housing, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, emergency shelters, and transitional housing. The city or county shall determine the number of housing units that can be accommodated on each site as follows:
(1)If local law or regulations require the development of a site at a minimum density, the department shall accept the planning agencys calculation of the total housing unit capacity on that site based on the established minimum density. If the city or county does not adopt a law or regulations requiring the development of a site at a minimum density, then it shall demonstrate how the number of units determined for that site pursuant to this subdivision will be accommodated.
(2)The number of units calculated pursuant to paragraph (1) shall be adjusted as necessary, based on the land use controls and site improvements requirement identified in paragraph (5) of subdivision (a) of Section 65583.
(3)For the number of units calculated to accommodate its share of the regional housing need for lower income households pursuant to paragraph (2), a city or county shall do either of the following:
(A)Provide an analysis demonstrating how the adopted densities accommodate this need. The analysis shall include, but is not limited to, factors such as market demand, financial feasibility, or information based on development project experience within a zone or zones that provide housing for lower income households.
(B)The following densities shall be deemed appropriate to accommodate housing for lower income households:
(i)For an incorporated city within a nonmetropolitan county and for a nonmetropolitan county that has a micropolitan area: sites allowing at least 15 units per acre.
(ii)For an unincorporated area in a nonmetropolitan county not included in clause (i): sites allowing at least 10 units per acre.
(iii)For a suburban jurisdiction: sites allowing at least 20 units per acre.
(iv)For a jurisdiction in a metropolitan county: sites allowing at least 30 units per acre.
(d)For purposes of this section, a metropolitan county, nonmetropolitan county, and nonmetropolitan county with a micropolitan area shall be as determined by the United States Census Bureau. A nonmetropolitan county with a micropolitan area includes the following counties: Del Norte, Humboldt, Lake, Mendocino, Nevada, Tehama, and Tuolumne and other counties as may be determined by the United States Census Bureau to be nonmetropolitan counties with micropolitan areas in the future.
(e)A jurisdiction shall be considered suburban if the jurisdiction does not meet the requirements of clauses (i) and (ii) of subparagraph (B) of paragraph (3) of subdivision (c) and is located in a Metropolitan Statistical Area (MSA) of less than 2,000,000 in population, unless that jurisdictions population is greater than 100,000, in which case it shall be considered metropolitan. A county, not including the City and County of San Francisco, shall be considered suburban unless the county is in an MSA of 2,000,000 or greater in population in which case the county shall be considered metropolitan.
(f)A jurisdiction shall be considered metropolitan if the jurisdiction does not meet the requirements for suburban area above and is located in an MSA of 2,000,000 or greater in population, unless that jurisdictions population is less than 25,000 in which case it shall be considered suburban.
(g)For sites described in paragraph (3) of subdivision (b), the city or county shall specify the additional development potential for each site within the planning period and shall provide an explanation of the methodology used to determine the development potential. The methodology shall consider factors including the extent to which existing uses may constitute an impediment to additional residential development, development trends, market conditions, and regulatory or other incentives or standards to encourage additional residential development on these sites.
(h)The program required by subparagraph (A) of paragraph (1) of subdivision (c) of Section 65583 shall accommodate 100 percent of the need for housing for very low and low-income households allocated pursuant to Section 65584 for which site capacity has not been identified in the inventory of sites pursuant to paragraph (3) of subdivision (a) on sites that shall be zoned to permit owner-occupied and rental multifamily residential use by right during the planning period. These sites shall be zoned with minimum density and development standards that permit at least 16 units per site at a density of at least 16 units per acre in jurisdictions described in clause (i) of subparagraph (B) of paragraph (3) of subdivision (c) and at least 20 units per acre in jurisdictions described in clauses (iii) and (iv) of subparagraph (B) of paragraph (3) of subdivision (c). At least 50 percent of the very low and low-income housing need shall be accommodated on sites designated for residential use and for which nonresidential uses or mixed-uses are not permitted, except that a city or county may accommodate all of the very low and low-income housing need on sites designated for mixed uses if those sites allow 100 percent residential use and require that residential use occupy 50 percent of the total floor area of a mixed-use project.
(i)For purposes of this section and Section 65583, the phrase use by right shall mean that the local governments review of the owner-occupied or multifamily residential use may not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval that would constitute a project for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. Any subdivision of the sites shall be subject to all laws, including, but not limited to, the local government ordinance implementing the Subdivision Map Act. A local ordinance may provide that use by right does not exempt the use from design review. However, that design review shall not constitute a project for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. Use by right for all rental multifamily residential housing shall be provided in accordance with subdivision (f) of Section 65589.5.
(j)For purposes of subdivisions (a) and (b), the department shall provide guidance to local governments to properly survey, detail, and account for sites listed pursuant to Section 65585.
(k)This section shall become operative on December 31, 2023.SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
(a)A citys or countys inventory of land suitable for residential development pursuant to paragraph (3) of subdivision (a) of Section 65583 shall be used to identify sites that can be developed for housing within the planning period and that are sufficient to provide for the jurisdictions share of the regional housing need for all income levels pursuant to Section 65584. As used in this section, land suitable for residential development includes all of the following:
(1)Vacant sites zoned for residential use.
(2)Vacant sites zoned for nonresidential use that allows residential development.
(3)Residentially zoned sites that are capable of being developed at a higher density, including the airspace above sites owned or leased by a city, county, or city and county.
(4)Sites zoned for nonresidential use that can be redeveloped for, and as necessary, rezoned for, residential use, including above sites owned or leased by a city, county, or city and county.
(b)The inventory of land shall include all of the following:
(1)A listing of properties by parcel number or other unique reference.
(2)The size of each property listed pursuant to paragraph (1), and the general plan designation and zoning of each property.
(3)For nonvacant sites, a description of the existing use of each property.
(4)A general description of any environmental constraints to the development of housing within the jurisdiction, the documentation for which has been made available to the jurisdiction. This information need not be identified on a site-specific basis.
(5)A general description of existing or planned water, sewer, and other dry utilities supply, including the availability and access to distribution facilities. This information need not be identified on a site-specific basis.
(6)Sites identified as available for housing for above moderate-income households in areas not served by public sewer systems. This information need not be identified on a site-specific basis.
(7)A map that shows the location of the sites included in the inventory, such as the land use map from the jurisdictions general plan, for reference purposes only.
(c)Based on the information provided in subdivision (b), a city or county shall determine whether each site in the inventory can accommodate some portion of its share of the regional housing need by income level during the planning period, as determined pursuant to Section 65584. The analysis shall determine whether the inventory can provide for a variety of types of housing, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, emergency shelters, and transitional housing. The city or county shall determine the number of housing units that can be accommodated on each site as follows:
(1)If local law or regulations require the development of a site at a minimum density, the department shall accept the planning agencys calculation of the total housing unit capacity on that site based on the established minimum density. If the city or county does not adopt a law or regulations requiring the development of a site at a minimum density, then it shall demonstrate how the number of units determined for that site pursuant to this subdivision will be accommodated.
(2)The number of units calculated pursuant to paragraph (1) shall be adjusted as necessary, based on the land use controls and site improvements requirement identified in paragraph (5) of subdivision (a) of Section 65583.
(3)For the number of units calculated to accommodate its share of the regional housing need for lower income households pursuant to paragraph (2), a city or county shall do either of the following:
(A)Provide an analysis demonstrating how the adopted densities accommodate this need. The analysis shall include, but is not limited to, factors such as market demand, financial feasibility, or information based on development project experience within a zone or zones that provide housing for lower income households.
(B)The following densities shall be deemed appropriate to accommodate housing for lower income households:
(i)For an incorporated city within a nonmetropolitan county and for a nonmetropolitan county that has a micropolitan area: sites allowing at least 15 units per acre.
(ii)For an unincorporated area in a nonmetropolitan county not included in clause (i): sites allowing at least 10 units per acre.
(iii)For a suburban jurisdiction: sites allowing at least 20 units per acre.
(iv)For a jurisdiction in a metropolitan county: sites allowing at least 30 units per acre.
(d)For purposes of this section, a metropolitan county, nonmetropolitan county, and nonmetropolitan county with a micropolitan area shall be as determined by the United States Census Bureau. A nonmetropolitan county with a micropolitan area includes the following counties: Del Norte, Humboldt, Lake, Mendocino, Nevada, Tehama, and Tuolumne and other counties as may be determined by the United States Census Bureau to be nonmetropolitan counties with micropolitan areas in the future.
(e)(1)Except as provided in paragraph (2), a jurisdiction shall be considered suburban if the jurisdiction does not meet the requirements of clauses (i) and (ii) of subparagraph (B) of paragraph (3) of subdivision (c) and is located in a Metropolitan Statistical Area (MSA) of less than 2,000,000 in population, unless that jurisdictions population is greater than 100,000, in which case it shall be considered metropolitan. A county, not including the City and County of San Francisco, shall be considered suburban unless the county is in an MSA of 2,000,000 or greater in population in which case the county shall be considered metropolitan.
(2)(A)(i)Notwithstanding paragraph (1), if a county that is in the San Francisco-Oakland-Fremont California MSA has a population of less than 400,000, that county shall be considered suburban. If this county includes an incorporated city that has a population of less than 100,000, this city shall also be considered suburban. This paragraph shall apply to a housing element revision cycle, as described in subparagraph (A) of paragraph (3) of subdivision (e) of Section 65588, that is in effect from July 1, 2014, to December 31, 2023, inclusive.
(ii)A county subject to this subparagraph shall utilize the sum existing in the countys housing trust fund as of June 30, 2013, for the development and preservation of housing affordable to low- and very low income households.
(B)A jurisdiction that is classified as suburban pursuant to this paragraph shall report to the Assembly Committee on Housing and Community Development, the Senate Committee on Transportation and Housing, and the Department of Housing and Community Development regarding its progress in developing low- and very low income housing consistent with the requirements of Section 65400. The report shall be provided twice: once, on or before December 31, 2019, which report shall address the initial four years of the housing element cycle, and a second time, on or before December 31, 2023, which report shall address the subsequent four years of the housing element cycle and the cycle as a whole. The reports shall be provided consistent with the requirements of Section 9795.
(f)A jurisdiction shall be considered metropolitan if the jurisdiction does not meet the requirements for suburban area above and is located in an MSA of 2,000,000 or greater in population, unless that jurisdictions population is less than 25,000 in which case it shall be considered suburban.
(g)For sites described in paragraph (3) of subdivision (b), the city or county shall specify the additional development potential for each site within the planning period and shall provide an explanation of the methodology used to determine the development potential. The methodology shall consider factors including the extent to which existing uses may constitute an impediment to additional residential development, development trends, market conditions, and regulatory or other incentives or standards to encourage additional residential development on these sites.
(h)The program required by subparagraph (A) of paragraph (1) of subdivision (c) of Section 65583 shall accommodate 100 percent of the need for housing for very low and low-income households allocated pursuant to Section 65584 for which site capacity has not been identified in the inventory of sites pursuant to paragraph (3) of subdivision (a) on sites that shall be zoned to permit owner-occupied and rental multifamily residential use by right during the planning period. These sites shall be zoned with minimum density and development standards that permit at least 16 units per site at a density of at least 16 units per acre in jurisdictions described in clause (i) of subparagraph (B) of paragraph (3) of subdivision (c) and at least 20 units per acre in jurisdictions described in clauses (iii) and (iv) of subparagraph (B) of paragraph (3) of subdivision (c). At least 50 percent of the very low and low-income housing need shall be accommodated on sites designated for residential use and for which nonresidential uses or mixed-uses are not permitted, except that a city or county may accommodate all of the very low and low-income housing need on sites designated for mixed uses if those sites allow 100 percent residential use and require that residential use occupy 50 percent of the total floor area of a mixed-use project.
(i)For purposes of this section and Section 65583, the phrase use by right shall mean that the local governments review of the owner-occupied or multifamily residential use may not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval that would constitute a project for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. Any subdivision of the sites shall be subject to all laws, including, but not limited to, the local government ordinance implementing the Subdivision Map Act. A local ordinance may provide that use by right does not exempt the use from design review. However, that design review shall not constitute a project for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. Use by right for all rental multifamily residential housing shall be provided in accordance with subdivision (f) of Section 65589.5.
(j)Notwithstanding any other provision of this section, within one-half mile of a Sonoma-Marin Area Rail Transit station, housing density requirements in place on June 30, 2014, shall apply.
(k)For purposes of subdivisions (a) and (b), the department shall provide guidance to local governments to properly survey, detail, and account for sites listed pursuant to Section 65585.
(l)This section shall remain in effect only until December 31, 2023, and as of that date is repealed, unless a later enacted statute, that is enacted before December 31, 2023, deletes or extends that date.
SEC. 2.Section 65583.2 of the Government Code, as added by Section 2.5 of Chapter 875 of the Statutes of 2014, is amended to read:65583.2.(a)A citys or countys inventory of land suitable for residential development pursuant to paragraph (3) of subdivision (a) of Section 65583 shall be used to identify sites that can be developed for housing within the planning period and that are sufficient to provide for the jurisdictions share of the regional housing need for all income levels pursuant to Section 65584. As used in this section, land suitable for residential development includes all of the following:
(1)Vacant sites zoned for residential use.
(2)Vacant sites zoned for nonresidential use that allows residential development.
(3)Residentially zoned sites that are capable of being developed at a higher density, including the airspace above sites owned or leased by a city, county, or city and county.
(4)Sites zoned for nonresidential use that can be redeveloped for, and, as necessary, rezoned for, residential use, including above sites owned or leased by a city, county, or city and county.
(b)The inventory of land shall include all of the following:
(1)A listing of properties by parcel number or other unique reference.
(2)The size of each property listed pursuant to paragraph (1), and the general plan designation and zoning of each property.
(3)For nonvacant sites, a description of the existing use of each property.
(4)A general description of any environmental constraints to the development of housing within the jurisdiction, the documentation for which has been made available to the jurisdiction. This information need not be identified on a site-specific basis.
(5)A general description of existing or planned water, sewer, and other dry utilities supply, including the availability and access to distribution facilities. This information need not be identified on a site-specific basis.
(6)Sites identified as available for housing for above moderate-income households in areas not served by public sewer systems. This information need not be identified on a site-specific basis.
(7)A map that shows the location of the sites included in the inventory, such as the land use map from the jurisdictions general plan for reference purposes only.
(c)Based on the information provided in subdivision (b), a city or county shall determine whether each site in the inventory can accommodate some portion of its share of the regional housing need by income level during the planning period, as determined pursuant to Section 65584. The analysis shall determine whether the inventory can provide for a variety of types of housing, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, emergency shelters, and transitional housing. The city or county shall determine the number of housing units that can be accommodated on each site as follows:
(1)If local law or regulations require the development of a site at a minimum density, the department shall accept the planning agencys calculation of the total housing unit capacity on that site based on the established minimum density. If the city or county does not adopt a law or regulations requiring the development of a site at a minimum density, then it shall demonstrate how the number of units determined for that site pursuant to this subdivision will be accommodated.
(2)The number of units calculated pursuant to paragraph (1) shall be adjusted as necessary, based on the land use controls and site improvements requirement identified in paragraph (5) of subdivision (a) of Section 65583.
(3)For the number of units calculated to accommodate its share of the regional housing need for lower income households pursuant to paragraph (2), a city or county shall do either of the following:
(A)Provide an analysis demonstrating how the adopted densities accommodate this need. The analysis shall include, but is not limited to, factors such as market demand, financial feasibility, or information based on development project experience within a zone or zones that provide housing for lower income households.
(B)The following densities shall be deemed appropriate to accommodate housing for lower income households:
(i)For an incorporated city within a nonmetropolitan county and for a nonmetropolitan county that has a micropolitan area: sites allowing at least 15 units per acre.
(ii)For an unincorporated area in a nonmetropolitan county not included in clause (i): sites allowing at least 10 units per acre.
(iii)For a suburban jurisdiction: sites allowing at least 20 units per acre.
(iv)For a jurisdiction in a metropolitan county: sites allowing at least 30 units per acre.
(d)For purposes of this section, a metropolitan county, nonmetropolitan county, and nonmetropolitan county with a micropolitan area shall be as determined by the United States Census Bureau. A nonmetropolitan county with a micropolitan area includes the following counties: Del Norte, Humboldt, Lake, Mendocino, Nevada, Tehama, and Tuolumne and other counties as may be determined by the United States Census Bureau to be nonmetropolitan counties with micropolitan areas in the future.
(e)A jurisdiction shall be considered suburban if the jurisdiction does not meet the requirements of clauses (i) and (ii) of subparagraph (B) of paragraph (3) of subdivision (c) and is located in a Metropolitan Statistical Area (MSA) of less than 2,000,000 in population, unless that jurisdictions population is greater than 100,000, in which case it shall be considered metropolitan. A county, not including the City and County of San Francisco, shall be considered suburban unless the county is in an MSA of 2,000,000 or greater in population in which case the county shall be considered metropolitan.
(f)A jurisdiction shall be considered metropolitan if the jurisdiction does not meet the requirements for suburban area above and is located in an MSA of 2,000,000 or greater in population, unless that jurisdictions population is less than 25,000 in which case it shall be considered suburban.
(g)For sites described in paragraph (3) of subdivision (b), the city or county shall specify the additional development potential for each site within the planning period and shall provide an explanation of the methodology used to determine the development potential. The methodology shall consider factors including the extent to which existing uses may constitute an impediment to additional residential development, development trends, market conditions, and regulatory or other incentives or standards to encourage additional residential development on these sites.
(h)The program required by subparagraph (A) of paragraph (1) of subdivision (c) of Section 65583 shall accommodate 100 percent of the need for housing for very low and low-income households allocated pursuant to Section 65584 for which site capacity has not been identified in the inventory of sites pursuant to paragraph (3) of subdivision (a) on sites that shall be zoned to permit owner-occupied and rental multifamily residential use by right during the planning period. These sites shall be zoned with minimum density and development standards that permit at least 16 units per site at a density of at least 16 units per acre in jurisdictions described in clause (i) of subparagraph (B) of paragraph (3) of subdivision (c) and at least 20 units per acre in jurisdictions described in clauses (iii) and (iv) of subparagraph (B) of paragraph (3) of subdivision (c). At least 50 percent of the very low and low-income housing need shall be accommodated on sites designated for residential use and for which nonresidential uses or mixed-uses are not permitted, except that a city or county may accommodate all of the very low and low-income housing need on sites designated for mixed uses if those sites allow 100 percent residential use and require that residential use occupy 50 percent of the total floor area of a mixed-use project.
(i)For purposes of this section and Section 65583, the phrase use by right shall mean that the local governments review of the owner-occupied or multifamily residential use may not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval that would constitute a project for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. Any subdivision of the sites shall be subject to all laws, including, but not limited to, the local government ordinance implementing the Subdivision Map Act. A local ordinance may provide that use by right does not exempt the use from design review. However, that design review shall not constitute a project for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. Use by right for all rental multifamily residential housing shall be provided in accordance with subdivision (f) of Section 65589.5.
(j)For purposes of subdivisions (a) and (b), the department shall provide guidance to local governments to properly survey, detail, and account for sites listed pursuant to Section 65585.
(k)This section shall become operative on December 31, 2023.SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
(a)A citys or countys inventory of land suitable for residential development pursuant to paragraph (3) of subdivision (a) of Section 65583 shall be used to identify sites that can be developed for housing within the planning period and that are sufficient to provide for the jurisdictions share of the regional housing need for all income levels pursuant to Section 65584. As used in this section, land suitable for residential development includes all of the following:
(1)Vacant sites zoned for residential use.
(2)Vacant sites zoned for nonresidential use that allows residential development.
(3)Residentially zoned sites that are capable of being developed at a higher density, including the airspace above sites owned or leased by a city, county, or city and county.
(4)Sites zoned for nonresidential use that can be redeveloped for, and as necessary, rezoned for, residential use, including above sites owned or leased by a city, county, or city and county.
(b)The inventory of land shall include all of the following:
(1)A listing of properties by parcel number or other unique reference.
(2)The size of each property listed pursuant to paragraph (1), and the general plan designation and zoning of each property.
(3)For nonvacant sites, a description of the existing use of each property.
(4)A general description of any environmental constraints to the development of housing within the jurisdiction, the documentation for which has been made available to the jurisdiction. This information need not be identified on a site-specific basis.
(5)A general description of existing or planned water, sewer, and other dry utilities supply, including the availability and access to distribution facilities. This information need not be identified on a site-specific basis.
(6)Sites identified as available for housing for above moderate-income households in areas not served by public sewer systems. This information need not be identified on a site-specific basis.
(7)A map that shows the location of the sites included in the inventory, such as the land use map from the jurisdictions general plan, for reference purposes only.
(c)Based on the information provided in subdivision (b), a city or county shall determine whether each site in the inventory can accommodate some portion of its share of the regional housing need by income level during the planning period, as determined pursuant to Section 65584. The analysis shall determine whether the inventory can provide for a variety of types of housing, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, emergency shelters, and transitional housing. The city or county shall determine the number of housing units that can be accommodated on each site as follows:
(1)If local law or regulations require the development of a site at a minimum density, the department shall accept the planning agencys calculation of the total housing unit capacity on that site based on the established minimum density. If the city or county does not adopt a law or regulations requiring the development of a site at a minimum density, then it shall demonstrate how the number of units determined for that site pursuant to this subdivision will be accommodated.
(2)The number of units calculated pursuant to paragraph (1) shall be adjusted as necessary, based on the land use controls and site improvements requirement identified in paragraph (5) of subdivision (a) of Section 65583.
(3)For the number of units calculated to accommodate its share of the regional housing need for lower income households pursuant to paragraph (2), a city or county shall do either of the following:
(A)Provide an analysis demonstrating how the adopted densities accommodate this need. The analysis shall include, but is not limited to, factors such as market demand, financial feasibility, or information based on development project experience within a zone or zones that provide housing for lower income households.
(B)The following densities shall be deemed appropriate to accommodate housing for lower income households:
(i)For an incorporated city within a nonmetropolitan county and for a nonmetropolitan county that has a micropolitan area: sites allowing at least 15 units per acre.
(ii)For an unincorporated area in a nonmetropolitan county not included in clause (i): sites allowing at least 10 units per acre.
(iii)For a suburban jurisdiction: sites allowing at least 20 units per acre.
(iv)For a jurisdiction in a metropolitan county: sites allowing at least 30 units per acre.
(d)For purposes of this section, a metropolitan county, nonmetropolitan county, and nonmetropolitan county with a micropolitan area shall be as determined by the United States Census Bureau. A nonmetropolitan county with a micropolitan area includes the following counties: Del Norte, Humboldt, Lake, Mendocino, Nevada, Tehama, and Tuolumne and other counties as may be determined by the United States Census Bureau to be nonmetropolitan counties with micropolitan areas in the future.
(e)(1)Except as provided in paragraph (2), a jurisdiction shall be considered suburban if the jurisdiction does not meet the requirements of clauses (i) and (ii) of subparagraph (B) of paragraph (3) of subdivision (c) and is located in a Metropolitan Statistical Area (MSA) of less than 2,000,000 in population, unless that jurisdictions population is greater than 100,000, in which case it shall be considered metropolitan. A county, not including the City and County of San Francisco, shall be considered suburban unless the county is in an MSA of 2,000,000 or greater in population in which case the county shall be considered metropolitan.
(2)(A)(i)Notwithstanding paragraph (1), if a county that is in the San Francisco-Oakland-Fremont California MSA has a population of less than 400,000, that county shall be considered suburban. If this county includes an incorporated city that has a population of less than 100,000, this city shall also be considered suburban. This paragraph shall apply to a housing element revision cycle, as described in subparagraph (A) of paragraph (3) of subdivision (e) of Section 65588, that is in effect from July 1, 2014, to December 31, 2023, inclusive.
(ii)A county subject to this subparagraph shall utilize the sum existing in the countys housing trust fund as of June 30, 2013, for the development and preservation of housing affordable to low- and very low income households.
(B)A jurisdiction that is classified as suburban pursuant to this paragraph shall report to the Assembly Committee on Housing and Community Development, the Senate Committee on Transportation and Housing, and the Department of Housing and Community Development regarding its progress in developing low- and very low income housing consistent with the requirements of Section 65400. The report shall be provided twice: once, on or before December 31, 2019, which report shall address the initial four years of the housing element cycle, and a second time, on or before December 31, 2023, which report shall address the subsequent four years of the housing element cycle and the cycle as a whole. The reports shall be provided consistent with the requirements of Section 9795.
(f)A jurisdiction shall be considered metropolitan if the jurisdiction does not meet the requirements for suburban area above and is located in an MSA of 2,000,000 or greater in population, unless that jurisdictions population is less than 25,000 in which case it shall be considered suburban.
(g)For sites described in paragraph (3) of subdivision (b), the city or county shall specify the additional development potential for each site within the planning period and shall provide an explanation of the methodology used to determine the development potential. The methodology shall consider factors including the extent to which existing uses may constitute an impediment to additional residential development, development trends, market conditions, and regulatory or other incentives or standards to encourage additional residential development on these sites.
(h)The program required by subparagraph (A) of paragraph (1) of subdivision (c) of Section 65583 shall accommodate 100 percent of the need for housing for very low and low-income households allocated pursuant to Section 65584 for which site capacity has not been identified in the inventory of sites pursuant to paragraph (3) of subdivision (a) on sites that shall be zoned to permit owner-occupied and rental multifamily residential use by right during the planning period. These sites shall be zoned with minimum density and development standards that permit at least 16 units per site at a density of at least 16 units per acre in jurisdictions described in clause (i) of subparagraph (B) of paragraph (3) of subdivision (c) and at least 20 units per acre in jurisdictions described in clauses (iii) and (iv) of subparagraph (B) of paragraph (3) of subdivision (c). At least 50 percent of the very low and low-income housing need shall be accommodated on sites designated for residential use and for which nonresidential uses or mixed-uses are not permitted, except that a city or county may accommodate all of the very low and low-income housing need on sites designated for mixed uses if those sites allow 100 percent residential use and require that residential use occupy 50 percent of the total floor area of a mixed-use project.
(i)For purposes of this section and Section 65583, the phrase use by right shall mean that the local governments review of the owner-occupied or multifamily residential use may not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval that would constitute a project for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. Any subdivision of the sites shall be subject to all laws, including, but not limited to, the local government ordinance implementing the Subdivision Map Act. A local ordinance may provide that use by right does not exempt the use from design review. However, that design review shall not constitute a project for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. Use by right for all rental multifamily residential housing shall be provided in accordance with subdivision (f) of Section 65589.5.
(j)Notwithstanding any other provision of this section, within one-half mile of a Sonoma-Marin Area Rail Transit station, housing density requirements in place on June 30, 2014, shall apply.
(k)For purposes of subdivisions (a) and (b), the department shall provide guidance to local governments to properly survey, detail, and account for sites listed pursuant to Section 65585.
(l)This section shall remain in effect only until December 31, 2023, and as of that date is repealed, unless a later enacted statute, that is enacted before December 31, 2023, deletes or extends that date.
SEC. 2.Section 65583.2 of the Government Code, as added by Section 2.5 of Chapter 875 of the Statutes of 2014, is amended to read:65583.2.(a)A citys or countys inventory of land suitable for residential development pursuant to paragraph (3) of subdivision (a) of Section 65583 shall be used to identify sites that can be developed for housing within the planning period and that are sufficient to provide for the jurisdictions share of the regional housing need for all income levels pursuant to Section 65584. As used in this section, land suitable for residential development includes all of the following:
(1)Vacant sites zoned for residential use.
(2)Vacant sites zoned for nonresidential use that allows residential development.
(3)Residentially zoned sites that are capable of being developed at a higher density, including the airspace above sites owned or leased by a city, county, or city and county.
(4)Sites zoned for nonresidential use that can be redeveloped for, and, as necessary, rezoned for, residential use, including above sites owned or leased by a city, county, or city and county.
(b)The inventory of land shall include all of the following:
(1)A listing of properties by parcel number or other unique reference.
(2)The size of each property listed pursuant to paragraph (1), and the general plan designation and zoning of each property.
(3)For nonvacant sites, a description of the existing use of each property.
(4)A general description of any environmental constraints to the development of housing within the jurisdiction, the documentation for which has been made available to the jurisdiction. This information need not be identified on a site-specific basis.
(5)A general description of existing or planned water, sewer, and other dry utilities supply, including the availability and access to distribution facilities. This information need not be identified on a site-specific basis.
(6)Sites identified as available for housing for above moderate-income households in areas not served by public sewer systems. This information need not be identified on a site-specific basis.
(7)A map that shows the location of the sites included in the inventory, such as the land use map from the jurisdictions general plan for reference purposes only.
(c)Based on the information provided in subdivision (b), a city or county shall determine whether each site in the inventory can accommodate some portion of its share of the regional housing need by income level during the planning period, as determined pursuant to Section 65584. The analysis shall determine whether the inventory can provide for a variety of types of housing, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, emergency shelters, and transitional housing. The city or county shall determine the number of housing units that can be accommodated on each site as follows:
(1)If local law or regulations require the development of a site at a minimum density, the department shall accept the planning agencys calculation of the total housing unit capacity on that site based on the established minimum density. If the city or county does not adopt a law or regulations requiring the development of a site at a minimum density, then it shall demonstrate how the number of units determined for that site pursuant to this subdivision will be accommodated.
(2)The number of units calculated pursuant to paragraph (1) shall be adjusted as necessary, based on the land use controls and site improvements requirement identified in paragraph (5) of subdivision (a) of Section 65583.
(3)For the number of units calculated to accommodate its share of the regional housing need for lower income households pursuant to paragraph (2), a city or county shall do either of the following:
(A)Provide an analysis demonstrating how the adopted densities accommodate this need. The analysis shall include, but is not limited to, factors such as market demand, financial feasibility, or information based on development project experience within a zone or zones that provide housing for lower income households.
(B)The following densities shall be deemed appropriate to accommodate housing for lower income households:
(i)For an incorporated city within a nonmetropolitan county and for a nonmetropolitan county that has a micropolitan area: sites allowing at least 15 units per acre.
(ii)For an unincorporated area in a nonmetropolitan county not included in clause (i): sites allowing at least 10 units per acre.
(iii)For a suburban jurisdiction: sites allowing at least 20 units per acre.
(iv)For a jurisdiction in a metropolitan county: sites allowing at least 30 units per acre.
(d)For purposes of this section, a metropolitan county, nonmetropolitan county, and nonmetropolitan county with a micropolitan area shall be as determined by the United States Census Bureau. A nonmetropolitan county with a micropolitan area includes the following counties: Del Norte, Humboldt, Lake, Mendocino, Nevada, Tehama, and Tuolumne and other counties as may be determined by the United States Census Bureau to be nonmetropolitan counties with micropolitan areas in the future.
(e)A jurisdiction shall be considered suburban if the jurisdiction does not meet the requirements of clauses (i) and (ii) of subparagraph (B) of paragraph (3) of subdivision (c) and is located in a Metropolitan Statistical Area (MSA) of less than 2,000,000 in population, unless that jurisdictions population is greater than 100,000, in which case it shall be considered metropolitan. A county, not including the City and County of San Francisco, shall be considered suburban unless the county is in an MSA of 2,000,000 or greater in population in which case the county shall be considered metropolitan.
(f)A jurisdiction shall be considered metropolitan if the jurisdiction does not meet the requirements for suburban area above and is located in an MSA of 2,000,000 or greater in population, unless that jurisdictions population is less than 25,000 in which case it shall be considered suburban.
(g)For sites described in paragraph (3) of subdivision (b), the city or county shall specify the additional development potential for each site within the planning period and shall provide an explanation of the methodology used to determine the development potential. The methodology shall consider factors including the extent to which existing uses may constitute an impediment to additional residential development, development trends, market conditions, and regulatory or other incentives or standards to encourage additional residential development on these sites.
(h)The program required by subparagraph (A) of paragraph (1) of subdivision (c) of Section 65583 shall accommodate 100 percent of the need for housing for very low and low-income households allocated pursuant to Section 65584 for which site capacity has not been identified in the inventory of sites pursuant to paragraph (3) of subdivision (a) on sites that shall be zoned to permit owner-occupied and rental multifamily residential use by right during the planning period. These sites shall be zoned with minimum density and development standards that permit at least 16 units per site at a density of at least 16 units per acre in jurisdictions described in clause (i) of subparagraph (B) of paragraph (3) of subdivision (c) and at least 20 units per acre in jurisdictions described in clauses (iii) and (iv) of subparagraph (B) of paragraph (3) of subdivision (c). At least 50 percent of the very low and low-income housing need shall be accommodated on sites designated for residential use and for which nonresidential uses or mixed-uses are not permitted, except that a city or county may accommodate all of the very low and low-income housing need on sites designated for mixed uses if those sites allow 100 percent residential use and require that residential use occupy 50 percent of the total floor area of a mixed-use project.
(i)For purposes of this section and Section 65583, the phrase use by right shall mean that the local governments review of the owner-occupied or multifamily residential use may not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval that would constitute a project for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. Any subdivision of the sites shall be subject to all laws, including, but not limited to, the local government ordinance implementing the Subdivision Map Act. A local ordinance may provide that use by right does not exempt the use from design review. However, that design review shall not constitute a project for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. Use by right for all rental multifamily residential housing shall be provided in accordance with subdivision (f) of Section 65589.5.
(j)For purposes of subdivisions (a) and (b), the department shall provide guidance to local governments to properly survey, detail, and account for sites listed pursuant to Section 65585.
(k)This section shall become operative on December 31, 2023.SEC. 3.Section 50459 of the Health and Safety Code is amended to read:50459.(a) The department shall adopt, and revise, as necessary, guidelines for any of the following:
(1) The preparation of housing elements required by Section 65302 and Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code.
(2) The preparation of a document that meets both of the following sets of requirements:
(A) Requirements for housing elements pursuant to Section 65302 and Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code.
(B) Requirements for the Consolidated Submissions for Community Planning and Development Programs required by Part 91 of Title 24 of the Code of Federal Regulations.
(b) The department shall review housing elements and amendments for substantial compliance with Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code and report its findings pursuant to Section 65585 of the Government Code.
(c) On or before April 1, 1995, and annually thereafter, the department shall report to the Legislature on the status of housing elements and the extent to which they comply with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code. The department shall also make this report available to any other public agency, group, or person who requests a copy.
(d) The department may, in connection with any loan or grant application submitted to the agency, require submission to the department for review of any housing element and any local housing assistance plan adopted pursuant to the Housing and Community Development Act of 1974 (Public Law 93-383).
SEC. 4.SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
(a)A citys or countys inventory of land suitable for residential development pursuant to paragraph (3) of subdivision (a) of Section 65583 shall be used to identify sites that can be developed for housing within the planning period and that are sufficient to provide for the jurisdictions share of the regional housing need for all income levels pursuant to Section 65584. As used in this section, land suitable for residential development includes all of the following:
(1)Vacant sites zoned for residential use.
(2)Vacant sites zoned for nonresidential use that allows residential development.
(3)Residentially zoned sites that are capable of being developed at a higher density, including above sites owned or leased by a city, county, or city and county.
(4)Sites zoned for nonresidential use that can be redeveloped for, and as necessary, rezoned for, residential use, including above sites owned or leased by a city, county, or city and county.
(b)The inventory of land shall include all of the following:
(1)A listing of properties by parcel number or other unique reference.
(2)The size of each property listed pursuant to paragraph (1), and the general plan designation and zoning of each property.
(3)For nonvacant sites, a description of the existing use of each property.
(4)A general description of any environmental constraints to the development of housing within the jurisdiction, the documentation for which has been made available to the jurisdiction. This information need not be identified on a site-specific basis.
(5)A general description of existing or planned water, sewer, and other dry utilities supply, including the availability and access to distribution facilities. This information need not be identified on a site-specific basis.
(6)Sites identified as available for housing for above moderate-income households in areas not served by public sewer systems. This information need not be identified on a site-specific basis.
(7)A map that shows the location of the sites included in the inventory, such as the land use map from the jurisdictions general plan, for reference purposes only.
(c)Based on the information provided in subdivision (b), a city or county shall determine whether each site in the inventory can accommodate some portion of its share of the regional housing need by income level during the planning period, as determined pursuant to Section 65584. The analysis shall determine whether the inventory can provide for a variety of types of housing, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, emergency shelters, and transitional housing. The city or county shall determine the number of housing units that can be accommodated on each site as follows:
(1)If local law or regulations require the development of a site at a minimum density, the department shall accept the planning agencys calculation of the total housing unit capacity on that site based on the established minimum density. If the city or county does not adopt a law or regulations requiring the development of a site at a minimum density, then it shall demonstrate how the number of units determined for that site pursuant to this subdivision will be accommodated.
(2)The number of units calculated pursuant to paragraph (1) shall be adjusted as necessary, based on the land use controls and site improvements requirement identified in paragraph (5) of subdivision (a) of Section 65583.
(3)For the number of units calculated to accommodate its share of the regional housing need for lower income households pursuant to paragraph (2), a city or county shall do either of the following:
(A)Provide an analysis demonstrating how the adopted densities accommodate this need. The analysis shall include, but is not limited to, factors such as market demand, financial feasibility, or information based on development project experience within a zone or zones that provide housing for lower income households.
(B)The following densities shall be deemed appropriate to accommodate housing for lower income households:
(i)For an incorporated city within a nonmetropolitan county and for a nonmetropolitan county that has a micropolitan area: sites allowing at least 15 units per acre.
(ii)For an unincorporated area in a nonmetropolitan county not included in clause (i): sites allowing at least 10 units per acre.
(iii)For a suburban jurisdiction: sites allowing at least 20 units per acre.
(iv)For a jurisdiction in a metropolitan county: sites allowing at least 30 units per acre.
(d)For purposes of this section, a metropolitan county, nonmetropolitan county, and nonmetropolitan county with a micropolitan area shall be as determined by the United States Census Bureau. A nonmetropolitan county with a micropolitan area includes the following counties: Del Norte, Humboldt, Lake, Mendocino, Nevada, Tehama, and Tuolumne and other counties as may be determined by the United States Census Bureau to be nonmetropolitan counties with micropolitan areas in the future.
(e)(1)Except as provided in paragraph (2), a jurisdiction shall be considered suburban if the jurisdiction does not meet the requirements of clauses (i) and (ii) of subparagraph (B) of paragraph (3) of subdivision (c) and is located in a Metropolitan Statistical Area (MSA) of less than 2,000,000 in population, unless that jurisdictions population is greater than 100,000, in which case it shall be considered metropolitan. A county, not including the City and County of San Francisco, shall be considered suburban unless the county is in an MSA of 2,000,000 or greater in population in which case the county shall be considered metropolitan.
(2)(A)(i)Notwithstanding paragraph (1), if a county that is in the San Francisco-Oakland-Fremont California MSA has a population of less than 400,000, that county shall be considered suburban. If this county includes an incorporated city that has a population of less than 100,000, this city shall also be considered suburban. This paragraph shall apply to a housing element revision cycle, as described in subparagraph (A) of paragraph (3) of subdivision (e) of Section 65588, that is in effect from July 1, 2014, to December 31, 2023, inclusive.
(ii)A county subject to this subparagraph shall utilize the sum existing in the countys housing trust fund as of June 30, 2013, for the development and preservation of housing affordable to low- and very low income households.
(B)A jurisdiction that is classified as suburban pursuant to this paragraph shall report to the Assembly Committee on Housing and Community Development, the Senate Committee on Transportation and Housing, and the Department of Housing and Community Development regarding its progress in developing low- and very low income housing consistent with the requirements of Section 65400. The report shall be provided twice: once, on or before December 31, 2019, which report shall address the initial four years of the housing element cycle, and a second time, on or before December 31, 2023, which report shall address the subsequent four years of the housing element cycle and the cycle as a whole. The reports shall be provided consistent with the requirements of Section 9795.
(f)A jurisdiction shall be considered metropolitan if the jurisdiction does not meet the requirements for suburban area above and is located in an MSA of 2,000,000 or greater in population, unless that jurisdictions population is less than 25,000 in which case it shall be considered suburban.
(g)For sites described in paragraph (3) of subdivision (b), the city or county shall specify the additional development potential for each site within the planning period and shall provide an explanation of the methodology used to determine the development potential. The methodology shall consider factors including the extent to which existing uses may constitute an impediment to additional residential development, development trends, market conditions, and regulatory or other incentives or standards to encourage additional residential development on these sites.
(h)The program required by subparagraph (A) of paragraph (1) of subdivision (c) of Section 65583 shall accommodate 100 percent of the need for housing for very low and low-income households allocated pursuant to Section 65584 for which site capacity has not been identified in the inventory of sites pursuant to paragraph (3) of subdivision (a) on sites that shall be zoned to permit owner-occupied and rental multifamily residential use by right during the planning period. These sites shall be zoned with minimum density and development standards that permit at least 16 units per site at a density of at least 16 units per acre in jurisdictions described in clause (i) of subparagraph (B) of paragraph (3) of subdivision (c) and at least 20 units per acre in jurisdictions described in clauses (iii) and (iv) of subparagraph (B) of paragraph (3) of subdivision (c). At least 50 percent of the very low and low-income housing need shall be accommodated on sites designated for residential use and for which nonresidential uses or mixed-uses are not permitted, except that a city or county may accommodate all of the very low and low-income housing need on sites designated for mixed uses if those sites allow 100 percent residential use and require that residential use occupy 50 percent of the total floor area of a mixed-use project.
(i)For purposes of this section and Section 65583, the phrase use by right shall mean that the local governments review of the owner-occupied or multifamily residential use may not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval that would constitute a project for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. Any subdivision of the sites shall be subject to all laws, including, but not limited to, the local government ordinance implementing the Subdivision Map Act. A local ordinance may provide that use by right does not exempt the use from design review. However, that design review shall not constitute a project for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. Use by right for all rental multifamily residential housing shall be provided in accordance with subdivision (f) of Section 65589.5.
(j)Notwithstanding any other provision of this section, within one-half mile of a Sonoma-Marin Area Rail Transit station, housing density requirements in place on June 30, 2014, shall apply.
(k)For purposes of subdivisions (a) and (b), the department shall provide guidance to local governments to properly survey, detail, and account for sites listed pursuant to Section 65585.
(l)This section shall remain in effect only until December 31, 2023, and as of that date is repealed, unless a later enacted statute, that is enacted before December 31, 2023, deletes or extends that date.
SEC. 2.Section 65583.2 of the Government Code, as added by Chapter 875 Section 2.5 of the StatutesChapter 875 of the Statutes of 2014, is amended to read:65583.2.(a)A citys or countys inventory of land suitable for residential development pursuant to paragraph (3) of subdivision (a) of Section 65583 shall be used to identify sites that can be developed for housing within the planning period and that are sufficient to provide for the jurisdictions share of the regional housing need for all income levels pursuant to Section 65584. As used in this section, land suitable for residential development includes all of the following:
(1)Vacant sites zoned for residential use.
(2)Vacant sites zoned for nonresidential use that allows residential development.
(3)Residentially zoned sites that are capable of being developed at a higher density, including above sites owned or leased by a city, county, or city and county.
(4)Sites zoned for nonresidential use that can be redeveloped for, and, as necessary, rezoned for, residential use, including above sites owned or leased by a city, county, or city and county.
(b)The inventory of land shall include all of the following:
(1)A listing of properties by parcel number or other unique reference.
(2)The size of each property listed pursuant to paragraph (1), and the general plan designation and zoning of each property.
(3)For nonvacant sites, a description of the existing use of each property.
(4)A general description of any environmental constraints to the development of housing within the jurisdiction, the documentation for which has been made available to the jurisdiction. This information need not be identified on a site-specific basis.
(5)A general description of existing or planned water, sewer, and other dry utilities supply, including the availability and access to distribution facilities. This information need not be identified on a site-specific basis.
(6)Sites identified as available for housing for above moderate-income households in areas not served by public sewer systems. This information need not be identified on a site-specific basis.
(7)A map that shows the location of the sites included in the inventory, such as the land use map from the jurisdictions general plan for reference purposes only.
(c)Based on the information provided in subdivision (b), a city or county shall determine whether each site in the inventory can accommodate some portion of its share of the regional housing need by income level during the planning period, as determined pursuant to Section 65584. The analysis shall determine whether the inventory can provide for a variety of types of housing, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, emergency shelters, and transitional housing. The city or county shall determine the number of housing units that can be accommodated on each site as follows:
(1)If local law or regulations require the development of a site at a minimum density, the department shall accept the planning agencys calculation of the total housing unit capacity on that site based on the established minimum density. If the city or county does not adopt a law or regulations requiring the development of a site at a minimum density, then it shall demonstrate how the number of units determined for that site pursuant to this subdivision will be accommodated.
(2)The number of units calculated pursuant to paragraph (1) shall be adjusted as necessary, based on the land use controls and site improvements requirement identified in paragraph (5) of subdivision (a) of Section 65583.
(3)For the number of units calculated to accommodate its share of the regional housing need for lower income households pursuant to paragraph (2), a city or county shall do either of the following:
(A)Provide an analysis demonstrating how the adopted densities accommodate this need. The analysis shall include, but is not limited to, factors such as market demand, financial feasibility, or information based on development project experience within a zone or zones that provide housing for lower income households.
(B)The following densities shall be deemed appropriate to accommodate housing for lower income households:
(i)For an incorporated city within a nonmetropolitan county and for a nonmetropolitan county that has a micropolitan area: sites allowing at least 15 units per acre.
(ii)For an unincorporated area in a nonmetropolitan county not included in clause (i): sites allowing at least 10 units per acre.
(iii)For a suburban jurisdiction: sites allowing at least 20 units per acre.
(iv)For a jurisdiction in a metropolitan county: sites allowing at least 30 units per acre.
(d)For purposes of this section, a metropolitan county, nonmetropolitan county, and nonmetropolitan county with a micropolitan area shall be as determined by the United States Census Bureau. A nonmetropolitan county with a micropolitan area includes the following counties: Del Norte, Humboldt, Lake, Mendocino, Nevada, Tehama, and Tuolumne and other counties as may be determined by the United States Census Bureau to be nonmetropolitan counties with micropolitan areas in the future.
(e)A jurisdiction shall be considered suburban if the jurisdiction does not meet the requirements of clauses (i) and (ii) of subparagraph (B) of paragraph (3) of subdivision (c) and is located in a Metropolitan Statistical Area (MSA) of less than 2,000,000 in population, unless that jurisdictions population is greater than 100,000, in which case it shall be considered metropolitan. A county, not including the City and County of San Francisco, shall be considered suburban unless the county is in an MSA of 2,000,000 or greater in population in which case the county shall be considered metropolitan.
(f)A jurisdiction shall be considered metropolitan if the jurisdiction does not meet the requirements for suburban area above and is located in an MSA of 2,000,000 or greater in population, unless that jurisdictions population is less than 25,000 in which case it shall be considered suburban.
(g)For sites described in paragraph (3) of subdivision (b), the city or county shall specify the additional development potential for each site within the planning period and shall provide an explanation of the methodology used to determine the development potential. The methodology shall consider factors including the extent to which existing uses may constitute an impediment to additional residential development, development trends, market conditions, and regulatory or other incentives or standards to encourage additional residential development on these sites.
(h)The program required by subparagraph (A) of paragraph (1) of subdivision (c) of Section 65583 shall accommodate 100 percent of the need for housing for very low and low-income households allocated pursuant to Section 65584 for which site capacity has not been identified in the inventory of sites pursuant to paragraph (3) of subdivision (a) on sites that shall be zoned to permit owner-occupied and rental multifamily residential use by right during the planning period. These sites shall be zoned with minimum density and development standards that permit at least 16 units per site at a density of at least 16 units per acre in jurisdictions described in clause (i) of subparagraph (B) of paragraph (3) of subdivision (c) and at least 20 units per acre in jurisdictions described in clauses (iii) and (iv) of subparagraph (B) of paragraph (3) of subdivision (c). At least 50 percent of the very low and low-income housing need shall be accommodated on sites designated for residential use and for which nonresidential uses or mixed-uses are not permitted, except that a city or county may accommodate all of the very low and low-income housing need on sites designated for mixed uses if those sites allow 100 percent residential use and require that residential use occupy 50 percent of the total floor area of a mixed-use project.
(i)For purposes of this section and Section 65583, the phrase use by right shall mean that the local governments review of the owner-occupied or multifamily residential use may not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval that would constitute a project for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. Any subdivision of the sites shall be subject to all laws, including, but not limited to, the local government ordinance implementing the Subdivision Map Act. A local ordinance may provide that use by right does not exempt the use from design review. However, that design review shall not constitute a project for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. Use by right for all rental multifamily residential housing shall be provided in accordance with subdivision (f) of Section 65589.5.
(k)For purposes of subdivisions (a) and (b), the department shall provide guidance to local governments to properly survey, detail, and account for sites listed pursuant to Section 65585.
(l)
(k)This section shall become operative on December 31, 2023.
SEC. 3.Section 50459 of the Health and Safety Code is amended to read:50459.(a) The department shall adopt, and revise, as necessary, guidelines for any of the following:
(1) The preparation of housing elements required by Section 65302 and Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code.
(2) The preparation of a document that meets both of the following sets of requirements:
(A) Requirements for housing elements pursuant to Section 65302 and Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code.
(B) Requirements for the Consolidated Submissions for Community Planning and Development Programs required by Part 91 of Title 24 of the Code of Federal Regulations.
(b) The department shall review housing elements and amendments for substantial compliance with Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code and report its findings pursuant to Section 65585 of the Government Code.
(c) On or before April 1, 1995, and annually thereafter, the department shall report to the Legislature on the status of housing elements and the extent to which they comply with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code. The department shall also make this report available to any other public agency, group, or person who requests a copy.
(d) The department may, in connection with any loan or grant application submitted to the agency, require submission to the department for review of any housing element and any local housing assistance plan adopted pursuant to the Housing and Community Development Act of 1974 (Public Law 93-383).
SEC. 4.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
(a)(1)A citys or countys inventory of land suitable for residential development pursuant to paragraph (3) of subdivision (a) of Section 65583 shall be used to identify sites that can be developed for housing within the planning period and that are sufficient to provide for the jurisdictions share of the regional housing need for all income levels pursuant to Section 65584. As used in this section, land suitable for residential development includes all of the following:
(A)
(1)Vacant sites zoned for residential use.
(B)
(2)Vacant sites zoned for nonresidential use that allows residential development.
(C)
(3)Residentially zoned sites that are capable of being developed at a higher density. density, including above sites owned or leased by a city, county, or city and county.
(D)
(4)Sites zoned for nonresidential use that can be redeveloped for, and as necessary, rezoned for, residential use. use, including above sites owned or leased by a city, county, or city and county.
(E)Buildings owned or under the control of a city or a county, zoned for residential use and capable of having residential developments constructed above the existing building.
(F)Buildings owned or under the control of a city or a county and zoned for nonresidential use, that can be rezoned for residential use and are capable of having residential developments constructed above the existing building.
(G)Underutilized sites zoned for residential use.
(H)Underutilized sites zoned for nonresidential use that allow residential development.
(2)For purposes of subparagraphs (G) and (H) of paragraph (1), underutilized sites means properties or portions of property that are used only at irregular periods or intermittently by the accountable agency of the local government, or property that is being used for the accountable agencys current program purposes that can be satisfied with only a portion of the property.
(b)The inventory of land shall include all of the following:
(1)A listing of properties by parcel number or other unique reference.
(2)The size of each property listed pursuant to paragraph (1), and the general plan designation and zoning of each property.
(3)For nonvacant sites, a description of the existing use of each property.
(4)A general description of any environmental constraints to the development of housing within the jurisdiction, the documentation for which has been made available to the jurisdiction. This information need not be identified on a site-specific basis.
(5)A general description of existing or planned water, sewer, and other dry utilities supply, including the availability and access to distribution facilities. This information need not be identified on a site-specific basis.
(6)Sites identified as available for housing for above moderate-income households in areas not served by public sewer systems. This information need not be identified on a site-specific basis.
(7)A map that shows the location of the sites included in the inventory, such as the land use map from the jurisdictions general plan, for reference purposes only.
(c)Based on the information provided in subdivision (b), a city or county shall determine whether each site in the inventory can accommodate some portion of its share of the regional housing need by income level during the planning period, as determined pursuant to Section 65584. The analysis shall determine whether the inventory can provide for a variety of types of housing, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, emergency shelters, and transitional housing. The city or county shall determine the number of housing units that can be accommodated on each site as follows:
(1)If local law or regulations require the development of a site at a minimum density, the department shall accept the planning agencys calculation of the total housing unit capacity on that site based on the established minimum density. If the city or county does not adopt a law or regulations requiring the development of a site at a minimum density, then it shall demonstrate how the number of units determined for that site pursuant to this subdivision will be accommodated.
(2)The number of units calculated pursuant to paragraph (1) shall be adjusted as necessary, based on the land use controls and site improvements requirement identified in paragraph (5) of subdivision (a) of Section 65583.
(3)For the number of units calculated to accommodate its share of the regional housing need for lower income households pursuant to paragraph (2), a city or county shall do either of the following:
(A)Provide an analysis demonstrating how the adopted densities accommodate this need. The analysis shall include, but is not limited to, factors such as market demand, financial feasibility, or information based on development project experience within a zone or zones that provide housing for lower income households.
(B)The following densities shall be deemed appropriate to accommodate housing for lower income households:
(i)For an incorporated city within a nonmetropolitan county and for a nonmetropolitan county that has a micropolitan area: sites allowing at least 15 units per acre.
(ii)For an unincorporated area in a nonmetropolitan county not included in clause (i): sites allowing at least 10 units per acre.
(iii)For a suburban jurisdiction: sites allowing at least 20 units per acre.
(iv)For a jurisdiction in a metropolitan county: sites allowing at least 30 units per acre.
(d)For purposes of this section, a metropolitan county, nonmetropolitan county, and nonmetropolitan county with a micropolitan area shall be as determined by the United States Census Bureau. A nonmetropolitan county with a micropolitan area includes the following counties: Del Norte, Humboldt, Lake, Mendocino, Nevada, Tehama, and Tuolumne and other counties as may be determined by the United States Census Bureau to be nonmetropolitan counties with micropolitan areas in the future.
(e)(1)Except as provided in paragraph (2), a jurisdiction shall be considered suburban if the jurisdiction does not meet the requirements of clauses (i) and (ii) of subparagraph (B) of paragraph (3) of subdivision (c) and is located in a Metropolitan Statistical Area (MSA) of less than 2,000,000 in population, unless that jurisdictions population is greater than 100,000, in which case it shall be considered metropolitan. A county, not including the City and County of San Francisco, shall be considered suburban unless the county is in an MSA of 2,000,000 or greater in population in which case the county shall be considered metropolitan.
(2)(A)(i)Notwithstanding paragraph (1), if a county that is in the San Francisco-Oakland-Fremont California MSA has a population of less than 400,000, that county shall be considered suburban. If this county includes an incorporated city that has a population of less than 100,000, this city shall also be considered suburban. This paragraph shall apply to a housing element revision cycle, as described in subparagraph (A) of paragraph (3) of subdivision (e) of Section 65588, that is in effect from July 1, 2014, to December 31, 2023, inclusive.
(ii)A county subject to this subparagraph shall utilize the sum existing in the countys housing trust fund as of June 30, 2013, for the development and preservation of housing affordable to low- and very low income households.
(B)A jurisdiction that is classified as suburban pursuant to this paragraph shall report to the Assembly Committee on Housing and Community Development, the Senate Committee on Transportation and Housing, and the Department of Housing and Community Development regarding its progress in developing low- and very low income housing consistent with the requirements of Section 65400. The report shall be provided twice: once, on or before December 31, 2019, which report shall address the initial four years of the housing element cycle, and a second time, on or before December 31, 2023, which report shall address the subsequent four years of the housing element cycle and the cycle as a whole. The reports shall be provided consistent with the requirements of Section 9795.
(f)A jurisdiction shall be considered metropolitan if the jurisdiction does not meet the requirements for suburban area above and is located in an MSA of 2,000,000 or greater in population, unless that jurisdictions population is less than 25,000 in which case it shall be considered suburban.
(g)For sites described in paragraph (3) of subdivision (b), the city or county shall specify the additional development potential for each site within the planning period and shall provide an explanation of the methodology used to determine the development potential. The methodology shall consider factors including the extent to which existing uses may constitute an impediment to additional residential development, development trends, market conditions, and regulatory or other incentives or standards to encourage additional residential development on these sites.
(h)The program required by subparagraph (A) of paragraph (1) of subdivision (c) of Section 65583 shall accommodate 100 percent of the need for housing for very low and low-income households allocated pursuant to Section 65584 for which site capacity has not been identified in the inventory of sites pursuant to paragraph (3) of subdivision (a) on sites that shall be zoned to permit owner-occupied and rental multifamily residential use by right during the planning period. These sites shall be zoned with minimum density and development standards that permit at least 16 units per site at a density of at least 16 units per acre in jurisdictions described in clause (i) of subparagraph (B) of paragraph (3) of subdivision (c) and at least 20 units per acre in jurisdictions described in clauses (iii) and (iv) of subparagraph (B) of paragraph (3) of subdivision (c). At least 50 percent of the very low and low-income housing need shall be accommodated on sites designated for residential use and for which nonresidential uses or mixed-uses are not permitted, except that a city or county may accommodate all of the very low and low-income housing need on sites designated for mixed uses if those sites allow 100 percent residential use and require that residential use occupy 50 percent of the total floor area of a mixed-use project.
(i)For purposes of this section and Section 65583, the phrase use by right shall mean that the local governments review of the owner-occupied or multifamily residential use may not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval that would constitute a project for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. Any subdivision of the sites shall be subject to all laws, including, but not limited to, the local government ordinance implementing the Subdivision Map Act. A local ordinance may provide that use by right does not exempt the use from design review. However, that design review shall not constitute a project for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. Use by right for all rental multifamily residential housing shall be provided in accordance with subdivision (f) of Section 65589.5.
(j)Notwithstanding any other provision of this section, within one-half mile of a Sonoma-Marin Area Rail Transit station, housing density requirements in place on June 30, 2014, shall apply.
(k)For purposes of subdivisions (a) and (b), the department shall provide guidance to local governments to properly survey, detail, and account for sites listed pursuant to Section 65585.
(k)
(l)This section shall remain in effect only until December 31, 2023, and as of that date is repealed, unless a later enacted statute, that is enacted before December 31, 2023, deletes or extends that date.
SEC. 2.Section 65583.2 of the Government Code, as added by Chapter 875 of the Statutes of 2014, is amended to read:65583.2.(a)(1)A citys or countys inventory of land suitable for residential development pursuant to paragraph (3) of subdivision (a) of Section 65583 shall be used to identify sites that can be developed for housing within the planning period and that are sufficient to provide for the jurisdictions share of the regional housing need for all income levels pursuant to Section 65584. As used in this section, land suitable for residential development includes all of the following:
(A)
(1)Vacant sites zoned for residential use.
(B)
(2)Vacant sites zoned for nonresidential use that allows residential development.
(C)
(3)Residentially zoned sites that are capable of being developed at a higher density. density, including above sites owned or leased by a city, county, or city and county.
(D)
(4)Sites zoned for nonresidential use that can be redeveloped for, and, as necessary, rezoned for, residential use. use, including above sites owned or leased by a city, county, or city and county.
(E)Buildings owned or under the control of a city or a county, zoned for residential use and capable of having residential developments constructed above the existing building.
(F)Buildings owned or under the control of a city or a county and zoned for nonresidential use, that can be rezoned for residential use and are capable of having residential development constructed above the existing building.
(G)Underutilized sites zoned for residential use.
(H)Underutilized sites zoned for nonresidential use that allow residential development.
(2)For purposes of subparagraphs (G) and (H) of paragraph (1), underutilized sites means properties or portions of property that are used only at irregular periods or intermittently by the accountable agency of the local government or property that is being used for the accountable agencys current program purposes that can be satisfied with only a portion of the property.
(b)The inventory of land shall include all of the following:
(1)A listing of properties by parcel number or other unique reference.
(2)The size of each property listed pursuant to paragraph (1), and the general plan designation and zoning of each property.
(3)For nonvacant sites, a description of the existing use of each property.
(4)A general description of any environmental constraints to the development of housing within the jurisdiction, the documentation for which has been made available to the jurisdiction. This information need not be identified on a site-specific basis.
(5)A general description of existing or planned water, sewer, and other dry utilities supply, including the availability and access to distribution facilities. This information need not be identified on a site-specific basis.
(6)Sites identified as available for housing for above moderate-income households in areas not served by public sewer systems. This information need not be identified on a site-specific basis.
(7)A map that shows the location of the sites included in the inventory, such as the land use map from the jurisdictions general plan for reference purposes only.
(c)Based on the information provided in subdivision (b), a city or county shall determine whether each site in the inventory can accommodate some portion of its share of the regional housing need by income level during the planning period, as determined pursuant to Section 65584. The analysis shall determine whether the inventory can provide for a variety of types of housing, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, emergency shelters, and transitional housing. The city or county shall determine the number of housing units that can be accommodated on each site as follows:
(1)If local law or regulations require the development of a site at a minimum density, the department shall accept the planning agencys calculation of the total housing unit capacity on that site based on the established minimum density. If the city or county does not adopt a law or regulations requiring the development of a site at a minimum density, then it shall demonstrate how the number of units determined for that site pursuant to this subdivision will be accommodated.
(2)The number of units calculated pursuant to paragraph (1) shall be adjusted as necessary, based on the land use controls and site improvements requirement identified in paragraph (5) of subdivision (a) of Section 65583.
(3)For the number of units calculated to accommodate its share of the regional housing need for lower income households pursuant to paragraph (2), a city or county shall do either of the following:
(A)Provide an analysis demonstrating how the adopted densities accommodate this need. The analysis shall include, but is not limited to, factors such as market demand, financial feasibility, or information based on development project experience within a zone or zones that provide housing for lower income households.
(B)The following densities shall be deemed appropriate to accommodate housing for lower income households:
(i)For an incorporated city within a nonmetropolitan county and for a nonmetropolitan county that has a micropolitan area: sites allowing at least 15 units per acre.
(ii)For an unincorporated area in a nonmetropolitan county not included in clause (i): sites allowing at least 10 units per acre.
(iii)For a suburban jurisdiction: sites allowing at least 20 units per acre.
(iv)For a jurisdiction in a metropolitan county: sites allowing at least 30 units per acre.
(d)For purposes of this section, a metropolitan county, nonmetropolitan county, and nonmetropolitan county with a micropolitan area shall be as determined by the United States Census Bureau. A nonmetropolitan county with a micropolitan area includes the following counties: Del Norte, Humboldt, Lake, Mendocino, Nevada, Tehama, and Tuolumne and other counties as may be determined by the United States Census Bureau to be nonmetropolitan counties with micropolitan areas in the future.
(e)A jurisdiction shall be considered suburban if the jurisdiction does not meet the requirements of clauses (i) and (ii) of subparagraph (B) of paragraph (3) of subdivision (c) and is located in a Metropolitan Statistical Area (MSA) of less than 2,000,000 in population, unless that jurisdictions population is greater than 100,000, in which case it shall be considered metropolitan. A county, not including the City and County of San Francisco, shall be considered suburban unless the county is in an MSA of 2,000,000 or greater in population in which case the county shall be considered metropolitan.
(f)A jurisdiction shall be considered metropolitan if the jurisdiction does not meet the requirements for suburban area above and is located in an MSA of 2,000,000 or greater in population, unless that jurisdictions population is less than 25,000 in which case it shall be considered suburban.
(g)For sites described in paragraph (3) of subdivision (b), the city or county shall specify the additional development potential for each site within the planning period and shall provide an explanation of the methodology used to determine the development potential. The methodology shall consider factors including the extent to which existing uses may constitute an impediment to additional residential development, development trends, market conditions, and regulatory or other incentives or standards to encourage additional residential development on these sites.
(h)The program required by subparagraph (A) of paragraph (1) of subdivision (c) of Section 65583 shall accommodate 100 percent of the need for housing for very low and low-income households allocated pursuant to Section 65584 for which site capacity has not been identified in the inventory of sites pursuant to paragraph (3) of subdivision (a) on sites that shall be zoned to permit owner-occupied and rental multifamily residential use by right during the planning period. These sites shall be zoned with minimum density and development standards that permit at least 16 units per site at a density of at least 16 units per acre in jurisdictions described in clause (i) of subparagraph (B) of paragraph (3) of subdivision (c) and at least 20 units per acre in jurisdictions described in clauses (iii) and (iv) of subparagraph (B) of paragraph (3) of subdivision (c). At least 50 percent of the very low and low-income housing need shall be accommodated on sites designated for residential use and for which nonresidential uses or mixed-uses are not permitted, except that a city or county may accommodate all of the very low and low-income housing need on sites designated for mixed uses if those sites allow 100 percent residential use and require that residential use occupy 50 percent of the total floor area of a mixed-use project.
(i)For purposes of this section and Section 65583, the phrase use by right shall mean that the local governments review of the owner-occupied or multifamily residential use may not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval that would constitute a project for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. Any subdivision of the sites shall be subject to all laws, including, but not limited to, the local government ordinance implementing the Subdivision Map Act. A local ordinance may provide that use by right does not exempt the use from design review. However, that design review shall not constitute a project for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. Use by right for all rental multifamily residential housing shall be provided in accordance with subdivision (f) of Section 65589.5.
(k)For purposes of subdivisions (a) and (b), the department shall provide guidance to local governments to properly survey, detail, and account for sites listed pursuant to Section 65585.
(j)
(l)This section shall become operative on December 31, 2023.
SEC. 3.Section 50459 of the Health and Safety Code is amended to read:50459.(a) The department may shall adopt, and from time to time revise, revise, as necessary, guidelines for any of the following:
(1) The preparation of housing elements required by Section 65302 and Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code.
(2) The preparation of a document that meets both of the following sets of requirements:
(A) Requirements for housing elements pursuant to Section 65302 and Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code.
(B) Requirements for the Consolidated Submissions for Community Planning and Development Programs required by Part 91 of Title 24 of the Code of Federal Regulations.
(b) The department shall review housing elements and amendments for substantial compliance with Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code and report its findings pursuant to Section 65585 of the Government Code.
(c) On or before April 1, 1995, and annually thereafter, the department shall report to the Legislature on the status of housing elements and the extent to which they comply with the requirements of Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the Government Code. The department shall also make this report available to any other public agency, group, or person who requests a copy.
(d) The department may, in connection with any loan or grant application submitted to the agency, require submission to the department for review of any housing element and any local housing assistance plan adopted pursuant to the Housing and Community Development Act of 1974 (Public Law 93-383).
SEC. 3.SEC. 4.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
(a)(1)A citys or countys inventory of land suitable for residential development pursuant to paragraph (3) of subdivision (a) of Section 65583 shall be used to identify sites that can be developed for housing within the planning period and that are sufficient to provide for the jurisdictions share of the regional housing need for all income levels pursuant to Section 65584. As used in this section, land suitable for residential development includes all of the following:
(1)
(A)Vacant sites zoned for residential use.
(2)
(B)Vacant sites zoned for nonresidential use that allows residential development.
(3)
(C)Residentially zoned sites that are capable of being developed at a higher density.
(4)
(D)Sites zoned for nonresidential use that can be redeveloped for, and as necessary, rezoned for, residential use.
(E)Buildings owned or under the control of a city or a county, zoned for residential use and capable of having residential developments constructed above the existing building.
(F)Buildings owned or under the control of a city or a county and zoned for nonresidential use, that can be rezoned for residential use and are capable of having residential developments constructed above the existing building.
(G)Underutilized sites zoned for residential use.
(H)Underutilized sites zoned for nonresidential use that allow residential development.
(2)For purposes of subparagraphs (G) and (H) of paragraph (1), underutilized sites means properties or portions of property that are used only at irregular periods or intermittently by the accountable agency of the local government, or property that is being used for the accountable agencys current program purposes that can be satisfied with only a portion of the property.
(b)The inventory of land shall include all of the following:
(1)A listing of properties by parcel number or other unique reference.
(2)The size of each property listed pursuant to paragraph (1), and the general plan designation and zoning of each property.
(3)For nonvacant sites, a description of the existing use of each property.
(4)A general description of any environmental constraints to the development of housing within the jurisdiction, the documentation for which has been made available to the jurisdiction. This information need not be identified on a site-specific basis.
(5)A general description of existing or planned water, sewer, and other dry utilities supply, including the availability and access to distribution facilities. This information need not be identified on a site-specific basis.
(6)Sites identified as available for housing for above moderate-income households in areas not served by public sewer systems. This information need not be identified on a site-specific basis.
(7)A map that shows the location of the sites included in the inventory, such as the land use map from the jurisdictions general plan, for reference purposes only.
(c)Based on the information provided in subdivision (b), a city or county shall determine whether each site in the inventory can accommodate some portion of its share of the regional housing need by income level during the planning period, as determined pursuant to Section 65584. The analysis shall determine whether the inventory can provide for a variety of types of housing, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, emergency shelters, and transitional housing. The city or county shall determine the number of housing units that can be accommodated on each site as follows:
(1)If local law or regulations require the development of a site at a minimum density, the department shall accept the planning agencys calculation of the total housing unit capacity on that site based on the established minimum density. If the city or county does not adopt a law or regulations requiring the development of a site at a minimum density, then it shall demonstrate how the number of units determined for that site pursuant to this subdivision will be accommodated.
(2)The number of units calculated pursuant to paragraph (1) shall be adjusted as necessary, based on the land use controls and site improvements requirement identified in paragraph (5) of subdivision (a) of Section 65583.
(3)For the number of units calculated to accommodate its share of the regional housing need for lower income households pursuant to paragraph (2), a city or county shall do either of the following:
(A)Provide an analysis demonstrating how the adopted densities accommodate this need. The analysis shall include, but is not limited to, factors such as market demand, financial feasibility, or information based on development project experience within a zone or zones that provide housing for lower income households.
(B)The following densities shall be deemed appropriate to accommodate housing for lower income households:
(i)For an incorporated city within a nonmetropolitan county and for a nonmetropolitan county that has a micropolitan area: sites allowing at least 15 units per acre.
(ii)For an unincorporated area in a nonmetropolitan county not included in clause (i): sites allowing at least 10 units per acre.
(iii)For a suburban jurisdiction: sites allowing at least 20 units per acre.
(iv)For a jurisdiction in a metropolitan county: sites allowing at least 30 units per acre.
(d)For purposes of this section, a metropolitan county, nonmetropolitan county, and nonmetropolitan county with a micropolitan area shall be as determined by the United States Census Bureau. A nonmetropolitan county with a micropolitan area includes the following counties: Del Norte, Humboldt, Lake, Mendocino, Nevada, Tehama, and Tuolumne and other counties as may be determined by the United States Census Bureau to be nonmetropolitan counties with micropolitan areas in the future.
(e)(1)Except as provided in paragraph (2), a jurisdiction shall be considered suburban if the jurisdiction does not meet the requirements of clauses (i) and (ii) of subparagraph (B) of paragraph (3) of subdivision (c) and is located in a Metropolitan Statistical Area (MSA) of less than 2,000,000 in population, unless that jurisdictions population is greater than 100,000, in which case it shall be considered metropolitan. A county, not including the City and County of San Francisco, shall be considered suburban unless the county is in an MSA of 2,000,000 or greater in population in which case the county shall be considered metropolitan.
(2)(A)(i)Notwithstanding paragraph (1), if a county that is in the San Francisco-Oakland-Fremont California MSA has a population of less than 400,000, that county shall be considered suburban. If this county includes an incorporated city that has a population of less than 100,000, this city shall also be considered suburban. This paragraph shall apply to a housing element revision cycle, as described in subparagraph (A) of paragraph (3) of subdivision (e) of Section 65588, that is in effect from July 1, 2014, to December 31, 2023, inclusive.
(ii)A county subject to this subparagraph shall utilize the sum existing in the countys housing trust fund as of June 30, 2013, for the development and preservation of housing affordable to low- and very low income households.
(B)A jurisdiction that is classified as suburban pursuant to this paragraph shall report to the Assembly Committee on Housing and Community Development, the Senate Committee on Transportation and Housing, and the Department of Housing and Community Development regarding its progress in developing low- and very low income housing consistent with the requirements of Section 65400. The report shall be provided twice: once, on or before December 31, 2019, which report shall address the initial four years of the housing element cycle, and a second time, on or before December 31, 2023, which report shall address the subsequent four years of the housing element cycle and the cycle as a whole. The reports shall be provided consistent with the requirements of Section 9795.
(f)A jurisdiction shall be considered metropolitan if the jurisdiction does not meet the requirements for suburban area above and is located in an MSA of 2,000,000 or greater in population, unless that jurisdictions population is less than 25,000 in which case it shall be considered suburban.
(g)For sites described in paragraph (3) of subdivision (b), the city or county shall specify the additional development potential for each site within the planning period and shall provide an explanation of the methodology used to determine the development potential. The methodology shall consider factors including the extent to which existing uses may constitute an impediment to additional residential development, development trends, market conditions, and regulatory or other incentives or standards to encourage additional residential development on these sites.
(h)The program required by subparagraph (A) of paragraph (1) of subdivision (c) of Section 65583 shall accommodate 100 percent of the need for housing for very low and low-income households allocated pursuant to Section 65584 for which site capacity has not been identified in the inventory of sites pursuant to paragraph (3) of subdivision (a) on sites that shall be zoned to permit owner-occupied and rental multifamily residential use by right during the planning period. These sites shall be zoned with minimum density and development standards that permit at least 16 units per site at a density of at least 16 units per acre in jurisdictions described in clause (i) of subparagraph (B) of paragraph (3) of subdivision (c) and at least 20 units per acre in jurisdictions described in clauses (iii) and (iv) of subparagraph (B) of paragraph (3) of subdivision (c). At least 50 percent of the very low and low-income housing need shall be accommodated on sites designated for residential use and for which nonresidential uses or mixed-uses are not permitted, except that a city or county may accommodate all of the very low and low-income housing need on sites designated for mixed uses if those sites allow 100 percent residential use and require that residential use occupy 50 percent of the total floor area of a mixed-use project.
(i)For purposes of this section and Section 65583, the phrase use by right shall mean that the local governments review of the owner-occupied or multifamily residential use may not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval that would constitute a project for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. Any subdivision of the sites shall be subject to all laws, including, but not limited to, the local government ordinance implementing the Subdivision Map Act. A local ordinance may provide that use by right does not exempt the use from design review. However, that design review shall not constitute a project for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. Use by right for all rental multifamily residential housing shall be provided in accordance with subdivision (f) of Section 65589.5.
(j)Notwithstanding any other provision of this section, within one-half mile of a Sonoma-Marin Area Rail Transit station, housing density requirements in place on June 30, 2014, shall apply.
(k)This section shall remain in effect only until December 31, 2023, and as of that date is repealed, unless a later enacted statute, that is enacted before December 31, 2023, deletes or extends that date.
SEC. 2.Section 65583.2 of the Government Code, as added by Chapter 875 of the Statutes of 2014, is amended to read:65583.2.(a)(1)A citys or countys inventory of land suitable for residential development pursuant to paragraph (3) of subdivision (a) of Section 65583 shall be used to identify sites that can be developed for housing within the planning period and that are sufficient to provide for the jurisdictions share of the regional housing need for all income levels pursuant to Section 65584. As used in this section, land suitable for residential development includes all of the following:
(1)
(A)Vacant sites zoned for residential use.
(2)
(B)Vacant sites zoned for nonresidential use that allows residential development.
(3)
(C)Residentially zoned sites that are capable of being developed at a higher density.
(4)
(D)Sites zoned for nonresidential use that can be redeveloped for, and, as necessary, rezoned for, residential use.
(E)Buildings owned or under the control of a city or a county, zoned for residential use and capable of having residential developments constructed above the existing building.
(F)Buildings owned or under the control of a city or a county and zoned for nonresidential use, that can be rezoned for residential use and are capable of having residential development constructed above the existing building.
(G)Underutilized sites zoned for residential use.
(H)Underutilized sites zoned for nonresidential use that allow residential development.
(2)For purposes of subparagraphs (G) and (H) of paragraph (1), underutilized sites means properties or portions of property that are used only at irregular periods or intermittently by the accountable agency of the local government or property that is being used for the accountable agencys current program purposes that can be satisfied with only a portion of the property.
(b)The inventory of land shall include all of the following:
(1)A listing of properties by parcel number or other unique reference.
(2)The size of each property listed pursuant to paragraph (1), and the general plan designation and zoning of each property.
(3)For nonvacant sites, a description of the existing use of each property.
(4)A general description of any environmental constraints to the development of housing within the jurisdiction, the documentation for which has been made available to the jurisdiction. This information need not be identified on a site-specific basis.
(5)A general description of existing or planned water, sewer, and other dry utilities supply, including the availability and access to distribution facilities. This information need not be identified on a site-specific basis.
(6)Sites identified as available for housing for above moderate-income households in areas not served by public sewer systems. This information need not be identified on a site-specific basis.
(7)A map that shows the location of the sites included in the inventory, such as the land use map from the jurisdictions general plan for reference purposes only.
(c)Based on the information provided in subdivision (b), a city or county shall determine whether each site in the inventory can accommodate some portion of its share of the regional housing need by income level during the planning period, as determined pursuant to Section 65584. The analysis shall determine whether the inventory can provide for a variety of types of housing, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, emergency shelters, and transitional housing. The city or county shall determine the number of housing units that can be accommodated on each site as follows:
(1)If local law or regulations require the development of a site at a minimum density, the department shall accept the planning agencys calculation of the total housing unit capacity on that site based on the established minimum density. If the city or county does not adopt a law or regulations requiring the development of a site at a minimum density, then it shall demonstrate how the number of units determined for that site pursuant to this subdivision will be accommodated.
(2)The number of units calculated pursuant to paragraph (1) shall be adjusted as necessary, based on the land use controls and site improvements requirement identified in paragraph (5) of subdivision (a) of Section 65583.
(3)For the number of units calculated to accommodate its share of the regional housing need for lower income households pursuant to paragraph (2), a city or county shall do either of the following:
(A)Provide an analysis demonstrating how the adopted densities accommodate this need. The analysis shall include, but is not limited to, factors such as market demand, financial feasibility, or information based on development project experience within a zone or zones that provide housing for lower income households.
(B)The following densities shall be deemed appropriate to accommodate housing for lower income households:
(i)For an incorporated city within a nonmetropolitan county and for a nonmetropolitan county that has a micropolitan area: sites allowing at least 15 units per acre.
(ii)For an unincorporated area in a nonmetropolitan county not included in clause (i): sites allowing at least 10 units per acre.
(iii)For a suburban jurisdiction: sites allowing at least 20 units per acre.
(iv)For a jurisdiction in a metropolitan county: sites allowing at least 30 units per acre.
(d)For purposes of this section, a metropolitan county, nonmetropolitan county, and nonmetropolitan county with a micropolitan area shall be as determined by the United States Census Bureau. A nonmetropolitan county with a micropolitan area includes the following counties: Del Norte, Humboldt, Lake, Mendocino, Nevada, Tehama, and Tuolumne and other counties as may be determined by the United States Census Bureau to be nonmetropolitan counties with micropolitan areas in the future.
(e)A jurisdiction shall be considered suburban if the jurisdiction does not meet the requirements of clauses (i) and (ii) of subparagraph (B) of paragraph (3) of subdivision (c) and is located in a Metropolitan Statistical Area (MSA) of less than 2,000,000 in population, unless that jurisdictions population is greater than 100,000, in which case it shall be considered metropolitan. A county, not including the City and County of San Francisco, shall be considered suburban unless the county is in an MSA of 2,000,000 or greater in population in which case the county shall be considered metropolitan.
(f)A jurisdiction shall be considered metropolitan if the jurisdiction does not meet the requirements for suburban area above and is located in an MSA of 2,000,000 or greater in population, unless that jurisdictions population is less than 25,000 in which case it shall be considered suburban.
(g)For sites described in paragraph (3) of subdivision (b), the city or county shall specify the additional development potential for each site within the planning period and shall provide an explanation of the methodology used to determine the development potential. The methodology shall consider factors including the extent to which existing uses may constitute an impediment to additional residential development, development trends, market conditions, and regulatory or other incentives or standards to encourage additional residential development on these sites.
(h)The program required by subparagraph (A) of paragraph (1) of subdivision (c) of Section 65583 shall accommodate 100 percent of the need for housing for very low and low-income households allocated pursuant to Section 65584 for which site capacity has not been identified in the inventory of sites pursuant to paragraph (3) of subdivision (a) on sites that shall be zoned to permit owner-occupied and rental multifamily residential use by right during the planning period. These sites shall be zoned with minimum density and development standards that permit at least 16 units per site at a density of at least 16 units per acre in jurisdictions described in clause (i) of subparagraph (B) of paragraph (3) of subdivision (c) and at least 20 units per acre in jurisdictions described in clauses (iii) and (iv) of subparagraph (B) of paragraph (3) of subdivision (c). At least 50 percent of the very low and low-income housing need shall be accommodated on sites designated for residential use and for which nonresidential uses or mixed-uses are not permitted, except that a city or county may accommodate all of the very low and low-income housing need on sites designated for mixed uses if those sites allow 100 percent residential use and require that residential use occupy 50 percent of the total floor area of a mixed-use project.
(i)For purposes of this section and Section 65583, the phrase use by right shall mean that the local governments review of the owner-occupied or multifamily residential use may not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval that would constitute a project for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. Any subdivision of the sites shall be subject to all laws, including, but not limited to, the local government ordinance implementing the Subdivision Map Act. A local ordinance may provide that use by right does not exempt the use from design review. However, that design review shall not constitute a project for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. Use by right for all rental multifamily residential housing shall be provided in accordance with subdivision (f) of Section 65589.5.
(j)This section shall become operative on December 31, 2023.
SEC. 3.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
SECTION 1.Section 15810 is added to the Government Code, to read:15810.(a)Notwithstanding any law before constructing, which includes seismic retrofitting, a public building with state funds, the board shall sell the air rights above the public building to a private or nonprofit developer to construct affordable housing above the public building.
(b)Notwithstanding any law, when state funds are used to construct, including seismically retrofit, a public building, the public works contract shall include provisions that require the building to be constructed or retrofitted to accommodate additional structures or levels that may be added by a private or nonprofit developer to provide affordable housing.
SEC. 2.Section 25351.7 is added to the Government Code, to read:25351.7.(a)Notwithstanding any law before constructing, which includes seismic retrofitting, a public building with state funds, the board of supervisors shall sell the air rights above the public building to a private or nonprofit developer to construct affordable housing above the public building.
(b)Notwithstanding any law, when state funds are used to construct, including seismically retrofit, a public building, the public works contract shall include provisions that require the building to be constructed or retrofitted to accommodate additional structures or levels that may be added by a private or nonprofit developer to provide affordable housing.
SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
(a)Notwithstanding any law before constructing, which includes seismic retrofitting, a public building with state funds, the board shall sell the air rights above the public building to a private or nonprofit developer to construct affordable housing above the public building.
(b)Notwithstanding any law, when state funds are used to construct, including seismically retrofit, a public building, the public works contract shall include provisions that require the building to be constructed or retrofitted to accommodate additional structures or levels that may be added by a private or nonprofit developer to provide affordable housing.
SEC. 2.Section 25351.7 is added to the Government Code, to read:25351.7.(a)Notwithstanding any law before constructing, which includes seismic retrofitting, a public building with state funds, the board of supervisors shall sell the air rights above the public building to a private or nonprofit developer to construct affordable housing above the public building.
(b)Notwithstanding any law, when state funds are used to construct, including seismically retrofit, a public building, the public works contract shall include provisions that require the building to be constructed or retrofitted to accommodate additional structures or levels that may be added by a private or nonprofit developer to provide affordable housing.
SEC. 3.If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
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Date
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Status
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|---|---|
| Aug 15, 2016 | Read second time and amended. Ordered to third reading. |
| Jun 2, 2016 | Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0. Page 5177.) |
| Jun 2, 2016 | Read third time. Passed. Ordered to the Senate. (Ayes 78. Noes 0.) |
| Jun 6, 2016 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Jun 9, 2016 | Referred to Com. on T. & H. |
| Jun 22, 2016 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (June 21). |
| Jun 23, 2016 | Read second time and amended. Re-referred to Com. on APPR. |
| Aug 1, 2016 | In committee: Referred to APPR. suspense file. |
| Aug 11, 2016 | From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (August 11). |
| Jun 2, 2016 | Read third time. Passed. Ordered to the Senate. |
| Aug 18, 2016 | Read third time. Passed. Ordered to the Assembly. |
| Aug 18, 2016 | Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0. Page 5119.). |
| Aug 18, 2016 | Read third time. Passed. Ordered to the Assembly. (Ayes 38. Noes 0.). |
| Aug 19, 2016 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after August 21 pursuant to Assembly Rule 77. |
| Aug 24, 2016 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Aug 24, 2016 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 6192.). |
| Aug 31, 2016 | Enrolled and presented to the Governor at 4 p.m. |
| Feb 18, 2016 | Read first time. To print. |
| Jun 2, 2016 | Assembly Rule 69 suspended. (Page 5166.) |
| Jun 2, 2016 | Assembly Rule 69 suspended. |
| Jun 1, 2016 | Read third time and amended. Ordered to third reading. (Page 5075.) |
| Jun 1, 2016 | Read third time and amended. Ordered to third reading. |
| May 12, 2016 | Read second time. Ordered to third reading. |
| May 11, 2016 | From committee: Do pass. (Ayes 19. Noes 1.) (May 11). |
| Apr 21, 2016 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (April 20). Re-referred to Com. on APPR. |
| Apr 13, 2016 | From committee: Do pass and re-refer to Com. on L. GOV. (Ayes 7. Noes 0.) (April 13). Re-referred to Com. on L. GOV. |
| Apr 7, 2016 | Assembly Rule 56 suspended. (Page 4218.) |
| Apr 7, 2016 | Assembly Rule 56 suspended. |
| Apr 7, 2016 | (pending re-refer to Com. on L. GOV.) |
| Apr 5, 2016 | Re-referred to Com. on H. & C.D. |
| Apr 4, 2016 | From committee chair, with author's amendments: Amend, and re-refer to Com. on H. & C.D. Read second time and amended. |
| Mar 3, 2016 | Referred to Coms. on H. & C.D. and L. GOV. |
| Feb 19, 2016 | From printer. May be heard in committee March 20. |
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Date
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Description
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Location
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Votes
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|---|---|---|---|---|
| Aug 24, 2016 | AB 2208 SANTIAGO Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Aug 18, 2016 | Assembly 3rd Reading AB2208 Santiago By McGuire | Senate Floor |
Passed |
|
| Aug 11, 2016 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| Aug 1, 2016 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jun 21, 2016 | Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations] | Senate Standing Committee on Transportation and Housing |
Passed |
|
| Jun 2, 2016 | AB 2208 SANTIAGO Assembly Third Reading | Assembly Floor |
Passed |
|
| May 11, 2016 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 20, 2016 | Do pass and be re-referred to the Committee on [Appropriations] | Assembly Standing Committee on Local Government |
Passed |
|
| Apr 13, 2016 | Do pass and be re-referred to the Committee on [Local Government] | Assembly Standing Committee on Housing and Community Development |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| American Planning Association, California Chapter | ** Against | Apr 20, 2016 |
| California Apartment Association | ** Support | Aug 18, 2016 |
| California Council For Affordable Housing | ** Support | Aug 18, 2016 |
| California Housing Consortium | ** Support | Aug 18, 2016 |
| California State Association Of Counties | ** Support | Apr 20, 2016 |
| Housing California | ** Support | Apr 20, 2016 |
| League Of California Cities | ** Support | Aug 18, 2016 |
| Los Angeles, City Of | ** Support | Aug 18, 2016 |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 2208
Author:(Santiago)
As Amended Ver:August 15, 2016
Majority vote
ASSEMBLY: | 78-0 | (June 2, 2016) | SENATE: | 38-0 | (August 18, 2016) |
Original Committee Reference: H. & C.D.
SUMMARY: Adds to the list of the types of sites that a local government can identify as suitable for residential development in the housing element. Specifically, this bill:
- Adds the following to the list of "land suitable for residential development:"
- Provides, for residentially zoned sites that are capable of being developed at a higher density, that this includes the airspace above sites owned or leased by a city, county, or city and county.
- Provides, for sites zoned for nonresidential use that can be redeveloped for, and as necessary, rezoned for, residential use, that this includes above sites owned or leased by a city, county, or city and county.
- States that the Department of Housing and Community Development (HCD) shall provide guidance to local governments to properly survey, detail, and account for sites listed in the housing element.
- States that no reimbursement is necessary because a local agency has the authority to levy service charges, fees, or assessment sufficient to pay for the program or level of service mandated by this act.
The Senate amendments
- Delete a provision that would have required, rather than authorized, HCD to adopt and revise guidelines for the preparation of housing elements.
- Make technical, clarifying changes.
FISCAL EFFECT: According to the Senate Appropriations Committee:
- Minor and absorbable HCD costs to provide specified guidance. (General Fund)
- Unknown local costs by requiring cities and counties to consider new types of sites that could be identified for residential development. These costs are not state-reimbursable because local agencies have the authority to levy fees and charges to offset costs associated with local planning requirements.
COMMENTS: Every local government is required to prepare a housing element as part of its general plan. The housing element process starts when HCD determines the number of new housing units a region is projected to need at all income levels (very low-, low-, moderate-, and above-moderate income) over the course of the next housing element planning period to accommodate population growth and overcome existing deficiencies in the housing supply. This number is known as the regional housing needs assessment (RHNA). The COG for the region, or HCD for areas with no COG, then assigns a share of the RHNA number to every city and county in the region based on a variety of factors.
In preparing its housing element, a city or county must show how it plans to accommodate its share of the RHNA. The housing element must include an inventory of sites already zoned for housing. If a community does not have enough sites within its existing inventory of residentially zoned land to accommodate its entire RHNA, then the community must adopt a program to rezone land within the first three years of the planning period.
Cities and counties are required to demonstrate that sites are adequate to accommodate housing for each income group based on the zoning after taking into consideration individual site factors such as property size, existing uses, environmental constraints, and economic constraints. With respect to the zoning, density can be used as a proxy for affordability. Jurisdictions may establish the adequacy of a site for very low- or low-income housing by showing that it is zoned at the "default" density (also referred to as the Mullin density). These densities range from 10 to 30 units per acre depending on the type of jurisdiction. Jurisdictions may also include sites zoned at lower densities by providing an analysis of how the lower density can accommodate the need for affordable housing.
This bill would add the airspace "above sites" of publicly owned or leased buildings to the types of sites that can be identified to accommodate a jurisdiction's share of the RHNA, and requires HCD to provide guidance to local governments to properly survey, detail, and account for sites listed in the housing element. Senate amendments delete a provision that would have required, rather than authorized, HCD to adopt and revise guidelines for the preparation of housing elements. It may be worthwhile to consider whether cities should be able to count "above sites" toward the RHNA, if constructing residential developments above existing buildings is not truly feasible and would not result in additional housing units being built on those sites.
Purpose of this bill: According to the author, "In many urban, dense areas, there is a distinct lack of land that can be used for affordable housing. In fact, the City of Los Angeles is about to hit its development limit. The city is now zoned to house, at most, 4.2 million people. The current population is 3.9 million. There were 28,000 new housing starts in the Los Angeles metro area last year (population 13 million), versus 64,000 in Houston (population 2 million). In California's largest urban areas, and those where land costs are the highest, it is particularly important that local governments and developers both think outside the box on how to use land and space more effectively. AB 2208 takes an important step in this direction by requiring that local governments specifically consider non-traditional spaces in their property surveys for housing."
Analysis Prepared by: Rebecca Rabovsky/ H. & C.D. / (961) 319-2085 FN: 0004324
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 2208
:
SENATE TRANS. & HOUSING COMMITTEE: 11-0, 6/21/16
AYES: Beall, Cannella, Allen, Bates, Gaines, Galgiani, Leyva, McGuire, Mendoza, Roth, Wieckowski
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/11/16
AYES: Lara, Bates, Beall, Hill, McGuire, Mendoza, Nielsen
ASSEMBLY FLOOR: 78-0, 6/2/16 - See last page for vote
DIGEST: This bill adds to the list of types of sites that a local government can identify as suitable for residential development in their housing element.
Existing law:
1) Requires cities and counties, under existing planning and zoning law, to prepare and adopt a general plan, including a housing element, to guide the future growth of a community. The housing element shall consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies objectives, financial resources and scheduled programs for the preservation, improvement, and development of housing.
2) Requires the housing element to identify adequate sites for housing, including rental housing, factory-built housing, mobilehomes, and emergency shelters, and shall make adequate provision for the existing and projected needs of all economic segments of the community.
3) Requires a local government to inventory land suitable for residential development to identify sites that can be developed to meet the jurisdiction’s regional housing needs for all income levels. Provides that “land suitable for residential development” includes all of the following:
- Vacant sites zoned for residential use
- Vacant sites zoned for nonresidential use that allow residential development
- Residentially zoned sites that are capable of being developed at a higher density
- Sites zoned for nonresidential use that can be redeveloped for, and as necessary, rezoned for, residential use
This bill:
1) Adds the following to the list of land suitable for residential development:
- Provides, for residentially zoned sites that are capable of being developed at a higher density, that this includes the airspace above sites (e.g., space above existing buildings) owned or leased by a city, county or city and county.
- Provides, for non-residentially zoned sites that can be redeveloped for residential use, that this includes the airspace above sites (e.g., space above existing buildings) owned or leased by a city, county, or city and county.
2) States that the Department of Housing and Community Development (HCD) shall provide guidance to local agencies to property survey, detail, and account for sites listed in the housing element.
Comments
- Purpose. According to the author, California’s housing costs have far outpaced those of other states in the last half century. As of 2015, the typical California home costs $440,000 — two-and-half times the national average, and the average monthly rent in California is $1,240 — about 50% higher than in other states. It is possible to offset the effects of high land costs through more dense development. In a sense, an area that acquires potential for air-rights development increases the supply of buildable land. In California’s largest urban areas, and those where land costs are the highest, it is particularly important that local governments and developers both think outside the box on how to use land and space more effectively. This bill takes an important step in this direction by requiring that local governments specifically consider non-traditional spaces in their property surveys for housing. Specifically, this bill requires local governments to include available air rights when surveying property that may be applicable for use in affordable housing as a part of their housing element.
- Housing element background. Every local government is required to prepare a housing element as part of its general plan. The housing element process starts when HCD determines the number of new housing units a region is projected to need at all income levels (very low-, low-, moderate-, and above-moderate income) over the course of the next housing element planning period to accommodate population growth and overcome existing deficiencies in the housing supply. This number is known as the regional housing needs assessment (RHNA). The council of government (COG) for the region, or HCD for areas with no COG then assigns a share of the RHNA number to every city and county in the region based on a variety of factors.
In preparing its housing element, a city or county must show how it plans to accommodate its share of the RHNA. The housing element must include an inventory of sites already zoned for housing. If a community does not have enough sites within its existing inventory of residentially zoned land to accommodate its entire RHNA, then the community must adopt a program to rezone land within the first three years of the planning period.
Cities and counties are required to demonstrate that sites are adequate to accommodate housing for each income group based on the zoning after taking into consideration individual site factors such as property size, existing uses, environmental constraints, and economic constraints. With respect to the zoning, density can be used as a proxy for affordability. Jurisdictions may establish the adequacy of a site for very low- or low-income housing by showing that it is zoned at the “default” density (also referred to as the Mullin density). These densities range from 10 to 30 units per acre, depending on the type of jurisdiction. Jurisdictions may also include sites zoned at lower densities by providing an analysis of how the lower density can accommodate the need for affordable housing.
- Unintended consequences. This bill adds the airspace above sites of publicly owned or leased buildings to the types of sites that can be identified to accommodate a local jurisdiction’s share of the RHNA. An unintended consequence of this bill is that local jurisdictions could count these sites towards the RHNA, even if constructing residential developments above existing buildings may not be feasible. This would result in no additional housing being built on those sites, to the detriment of identifying other feasible sites where housing construction is feasible.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Senate Appropriations Committee:
- Minor and absorbable HCD costs to provide specified guidance. (General Fund)
- Unknown local costs by requiring cities and counties to consider new types of sites that could be identified for residential development. These costs are not state-reimbursable because local agencies have the authority to levy fees and charges to offset costs associated with local planning requirements.
California Apartment Association
California Council for Affordable Housing
California Housing Consortium
City of Los Angeles
League of California Cities
OPPOSITION: (Verified 8/12/16)
None received
ASSEMBLY FLOOR: 78-0, 6/2/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon
NO VOTE RECORDED: Bonilla, Gordon
8/15/16 20:10:16
**** END ****
SENATE COMMITTEE ON
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 2208 (Santiago) - Local planning: housing element: inventory of land for residential development
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on August 11, 2016
Bill Summary:
AB 2208 would allow cities and counties to consider specified space above sites owned or leased by those jurisdictions as land that is suitable for residential development for purposes of housing element requirements. The bill would also require the Department of Housing and Community Development (HCD) to provide guidance to cities and counties to properly survey, detail, and account for sites for purposes of specifying land suitable for residential development
Fiscal Impact:
- Minor and absorbable HCD costs to provide specified guidance. (General Fund)
- Unknown local costs by requiring cities and counties to consider new types of sites that could be identified for residential development. These costs are not state-reimbursable because local agencies have the authority to levy fees and charges to offset costs associated with local planning requirements.
Author Amendments:
Strike a provision that would have required, rather than authorized, HCD to adopt and revise guidelines for the preparation of housing elements.
-- END --
SENATE COMMITTEE ON
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 2208 (Santiago) - Local planning: housing element: inventory of land for residential development
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
AB 2208 would allow cities and counties to consider specified space above sites owned or leased by those jurisdictions as land that is suitable for residential development for purposes of housing element requirements. The bill would also require, rather than authorize, the Department of Housing and Community Development (HCD) to adopt and revise guidelines for the preparation of housing elements.
Fiscal Impact:
- Ongoing HCD administrative costs of approximately $153,000 annually for staff time to update housing element guidelines any time planning statutes are amended. (General Fund)
- Unknown local costs by requiring cities and counties to consider new types of sites that could be identified for residential development. These costs are not state-reimbursable because local agencies have the authority to levy fees and charges to offset costs associated with local planning requirements.
Background:
Existing law requires every city and county to prepare and adopt a general plan containing seven mandatory elements, including a housing element. HCD establishes the regional housing needs allocation (RHNA) for each region, which is a determination of the number of new housing units for all specified income levels that will be necessary to accommodate population growth and to overcome existing housing deficiencies over the course of the next housing element cycle.
The housing element prepared by a city or county must demonstrate how the jurisdiction plans to accommodate its share of the RHNA. As part of the process, existing law requires cities and counties to inventory land suitable for residential development, which is used to identify sites that can be developed for housing within the planning period that is sufficient to meet the regional housing needs for all income levels. “Land suitable for residential development” includes all of the following:
- Vacant sites zoned for residential use.
- Vacant sites zoned for nonresidential use that allows residential development.
- Residentially zoned sites that are capable of being developed at higher density.
- Sites zoned for nonresidential use that can be redeveloped and rezoned for residential use, as necessary.
Existing law authorizes HCD to adopt, and revise, as necessary, guidelines for the preparation of housing elements, and for the preparation of a document that meets the requirements of both the housing element and specified documentation required under federal regulations.
Proposed Law:
AB 2208 would, for purposes of the housing element, revise the definition of “land suitable for residential development” to include the following areas:
- The space above sites owned or leased by cities and counties on residentially zoned sites that are capable of being developed at a higher density.
- The space above sites owned or leased by cities and counties on sites zoned for nonresidential use that can be redeveloped or rezoned for residential use, as necessary.
The bill would also require, rather than authorize, HCD to adopt and revise guidelines for the preparation of housing elements, as necessary. In addition, AB 2208 would require HCD to provide guidance to cities and counties to properly survey, detail, and account for sites for purposes of specifying land suitable for residential development until December 31, 2023.
Staff Comments:
Some densely populated urban areas lack suitable land to provide for expanded housing development that would accommodate projected population growth across all income levels. This bill would provide clarity that cities and counties may also consider the space above sites owned or leased by those jurisdictions for purposes of identifying other land that may be suitable for residential development at a higher density, where such development would be feasible.
HCD indicates that the provisions of AB 2208 requiring, rather than authorizing, the department to adopt and revise housing element guidelines, as necessary, would impose mandatory staffing costs on the department of approximately $153,000 annually. The guidelines are currently up to date with existing regulations and statutes, but HCD would be required to update the guidelines to reflect the changes in this bill, and any other statutory changes to housing element law that are enacted this year or in the future.
Proposed Author Amendments:
The author intends to amend the bill to delete a redundant provision that requires HCD to provide guidance to local governments to properly survey, detail, and account for sites for purposes of specifying land suitable for residential development. Specifically, the author will amend the bill to strike out lines 14-16 on page 7 of the bill.
-- END --
SENATE COMMITTEE ON TRANSPORTATION AND HOUSING
Senator Jim Beall, Chair
2015 - 2016 Regular
Bill No: Hearing Date: 6/21/2016
Author: | Santiago | ||
Version: | 6/1/2016 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | Alison Dinmore | ||
SUBJECT:
DIGEST: This bill adds to the list of types of sites that a local government can identify as suitable for residential development in their housing element.
ANALYSIS:
Existing law:
1) Requires cities and counties, under existing planning and zoning law, to prepare and adopt a general plan, including a housing element, to guide the future growth of a community. The housing element shall consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies objectives, financial resources and scheduled programs for the preservation, improvement, and development of housing.
2) Requires the housing element to identify adequate sites for housing, including rental housing, factory-built housing, mobilehomes, and emergency shelters and shall make adequate provision for the existing and projected needs of all economic segments of the community.
3) Requires a local government to inventory land suitable for residential development to identify sites that can be developed to meet the jurisdiction’s regional housing needs for all income levels. Provides that “land suitable for residential development” includes all of the following:
- Vacant sites zoned for residential use
- Vacant sites zoned for nonresidential use that allow residential development
- Residentially zoned sites that are capable of being developed at a higher density
- Sites zoned for nonresidential use that can be redeveloped for, and as necessary, rezoned for, residential use
This bill:
1) Adds the following to the list of land suitable for residential development:
- Provides, for residentially zoned sites that are capable of being developed at a higher density, that this includes above sites (e.g., space above existing buildings) owned or leased by a city, county or city and county.
- Provides, for non-residentially zoned sites that can be redeveloped for residential use, that this includes above sites (e.g., space above existing buildings) owned or leased by a city, county, or city and county.
2) States that the Department of Housing and Community Development (HCD) shall provide guidance to local agencies to property survey, detail, and account for sites listed in the housing element.
3) Provides that HCD shall, not may, adopt and revise, as needed, guidelines for the preparation of housing elements.
COMMENTS:
- Purpose of the bill. According to the author, California’s housing costs have far outpaced those of other states in the last half century. As of 2015, the typical California home costs $440,000 – two and half times the national average, and the average monthly rent in California is $1,240 – about 50% higher than in other states. It is possible to offset the effects of high land costs through more dense development. In a sense, an area that acquires potential for air rights development increases the supply of buildable land.
In many urban, dense areas, there is a distinct lack of land that can be used for affordable housing. In fact, the City of Los Angeles is about to hit its development limit. The city is now zoned to house, at most, 4.2 million people. The current population is 3.9 million. There were 28,000 new housing starts in the Los Angeles metro area last year (population 13 million), versus 64,000 in Houston (population 2 million). In California’s largest urban areas, and those where land costs are the highest, it is particularly important that local governments and developers both think outside the box on how to use land and space more effectively. This bill takes an important step in this direction by requiring that local governments specifically consider non-traditional spaces in their property surveys for housing. Specifically, this bill requires local governments to include available air rights when surveying property that may be applicable for use in affordable housing as a part of their Housing Element.
- Housing Element background. Every local government is required to prepare a housing element as part of its general plan. The housing element process starts when HCD determines the number of new housing units a region is projected to need at all income levels (very low-, low-, moderate-, and above-moderate income) over the course of the next housing element planning period to accommodate population growth and overcome existing deficiencies in the housing supply. This number is known as the regional housing needs assessment (RHNA). The council of government (COG) for the region, or HCD for areas with no COG, then assigns a share of the RHNA number to every city and county in the region based on a variety of factors.
In preparing its housing element, a city or county must show how it plans to accommodate its share of the RHNA. The housing element must include an inventory of sites already zoned for housing. If a community does not have enough sites within its existing inventory of residentially zoned land to accommodate its entire RHNA, then the community must adopt a program to rezone land within the first three years of the planning period.
Cities and counties are required to demonstrate that sites are adequate to accommodate housing for each income group based on the zoning after taking into consideration individual site factors such as property size, existing uses, environmental constraints, and economic constraints. With respect to the zoning, density can be used as a proxy for affordability. Jurisdictions may establish the adequacy of a site for very low- or low-income housing by showing that it is zoned at the “default” density (also referred to as the Mullin density). These densities range from 10 to 30 units per acre depending on the type of jurisdiction. Jurisdictions may also include sites zoned at lower densities by providing an analysis of how the lower density can accommodate the need for affordable housing.
- Is this bill really necessary? Existing law permits local jurisdictions to identify sites that are capable of being developed at a higher density and sites zoned for nonresidential use that can be redeveloped for residential use. This bill would elaborate that this “higher density” includes above sites, or sites that could be developed in the airspace above an existing development, that is owned or leased by a city, county, or city and county. The idea is to highlight that locals can build more dense housing. In fact, HCD already reads this provision to permit local jurisdictions to include “above sites” and considers these sites in local housing elements as land suitable for residential development. Given that the goal that this bill attempts to accomplish is already covered in existing law, the committee may wish to consider whether this bill is necessary.
- Unintended consequences. This bill would add above sites of publicly owned or leased buildings to the types of sites that can be identified to accommodate a local jurisdiction’s share of the RHNA. The committee may wish to consider whether local jurisdictions should be able to count these sites towards the RHNA if constructing residential developments above existing buildings may not be feasible and would not result in additional housing being built on those sites, to the detriment of identifying other feasible sites.
- Department of Redundancy Department. The bill in its current form requires in two separate provisions for HCD to provide guidance to local governments to property survey, detail, and account for sites listed pursuant to Section 65585. The author will agree to remove the second reference on page 12, lines 11-13 in committee.
Assembly Votes:
Floor: 78-0
Appr: 19-1
L.Gov: 8-0
H&CD: 7-0
Related Legislation:
AB 2864 (Daly) — authorizes a “housing organization,” as defined, to enforce the Housing Accountability Act (HAA). This bill will also be heard in this committee.
AB 2865 (Lopez) — requires a local planning agency staff to collect and compile public comments and provide them to each member of the legislative body prior to the adoption of the housing element. This bill will also be heard in this committee.
FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes
POSITIONS: (Communicated to the committee before noon on Wednesday,
June 15, 2016.)
SUPPORT:
California Apartment Association
California Council for Affordable Housing
City of Los Angeles
League of California Cities
OPPOSITION:
None received
-- END --
ASSEMBLY THIRD READING
ATR Bill Id:AB 2208
Author:(Santiago)
As Amended Ver:June 1, 2016
Majority vote
Committee | Votes | Ayes | Noes |
Housing | 7-0 | Chiu, Steinorth, Burke, Chau, Beth Gaines, Lopez, Mullin | |
Local Government | 8-0 | Eggman, Waldron, Alejo, Bonilla, Chiu, Cooley, Beth Gaines, Linder | |
Appropriations | 19-1 | Gonzalez, Bloom, Bonilla, Bonta, Calderon, Chang, McCarty, Eggman, Gallagher, Eduardo Garcia, Chau, Holden, Jones, Obernolte, Quirk, Santiago, Wagner, Weber, Wood | Bigelow |
SUMMARY: Adds to the list of the types of sites that a local government can identify as suitable for residential development in the housing element. Specifically, this bill:
- Adds the following to the list of "land suitable for residential development:"
- Provides, for residentially zoned sites that are capable of being developed at a higher density, that this includes above sites owned or leased by a city, county, or city and county.
- Provides, for sites zoned for nonresidential use that can be redeveloped for, and as necessary, rezoned for, residential use, that this includes above sites owned or leased by a city, county, or city and county.
- States that Department of Housing and Community Development (HCD) shall provide guidance to local governments to properly survey, detail, and account for sites listed in the housing element.
- Provides that HCD must, not may, adopt and revise as needed, guidelines for the preparation of housing elements.
- States that no reimbursement is necessary because a local agency has the authority to levy service charges, fees, or assessment sufficient to pay for the program or level of service mandated by this act.
FISCAL EFFECT: According to the Assembly Appropriations Committee, no state fiscal impact. Although local costs to inventory existing sites and make suitability determinations could be substantial, local agencies have the authority to levy services charges or fees for housing element related costs and thus, any local costs are not reimbursable.
COMMENTS:
Every local government is required to prepare a housing element as part of its general plan. The housing element process starts when HCD determines the number of new housing units a region is projected to need at all income levels (very low-, low-, moderate-, and above-moderate income) over the course of the next housing element planning period to accommodate population growth and overcome existing deficiencies in the housing supply. This number is known as the regional housing needs assessment (RHNA). The council of government (COG) for the region, or HCD for areas with no COG, then assigns a share of the RHNA number to every city and county in the region based on a variety of factors.
In preparing its housing element, a city or county must show how it plans to accommodate its share of the RHNA. The housing element must include an inventory of sites already zoned for housing. If a community does not have enough sites within its existing inventory of residentially zoned land to accommodate its entire RHNA, then the community must adopt a program to rezone land within the first three years of the planning period.
Cities and counties are required to demonstrate that sites are adequate to accommodate housing for each income group based on the zoning after taking into consideration individual site factors such as property size, existing uses, environmental constraints, and economic constraints. With respect to the zoning, density can be used as a proxy for affordability. Jurisdictions may establish the adequacy of a site for very low- or low-income housing by showing that it is zoned at the "default" density (also referred to as the Mullin density). These densities range from 10 to 30 units per acre depending on the type of jurisdiction. Jurisdictions may also include sites zoned at lower densities by providing an analysis of how the lower density can accommodate the need for affordable housing.
This bill would add "above sites" of publicly owned or leased buildings to the types of sites that can be identified to accommodate a jurisdiction's share of the RHNA. It may be worthwhile to consider whether cities should be able to count these sites toward the RHNA, if constructing residential developments above existing buildings is not truly feasible and would not result in additional housing units being built on those sites.
Purpose of this bill: According to the author, "In many urban, dense areas, there is a distinct lack of land that can be used for affordable housing. In fact, the City of Los Angeles is about to hit its development limit. The city is now zoned to house, at most, 4.2 million people. The current population is 3.9 million. There were 28,000 new housing starts in the Los Angeles metro area last year (population 13 million), versus 64,000 in Houston (population 2 million). In California's largest urban areas, and those where land costs are the highest, it is particularly important that local governments and developers both think outside the box on how to use land and space more effectively. AB 2208 takes an important step in this direction by requiring that local governments specifically consider non-traditional spaces in their property surveys for housing."
Analysis Prepared by: Rebecca Rabovsky / H. & C.D. / (961) 319-2085 FN: 0003377
ASSEMBLY THIRD READING
ATR Bill Id:AB 2208
Author:(Santiago)
As Amended Ver:April 4, 2016
Majority vote
Committee | Votes | Ayes | Noes |
Housing | 7-0 | Chiu, Steinorth, Burke, Chau, Beth Gaines, Lopez, Mullin | |
Local Government | 8-0 | Eggman, Waldron, Alejo, Bonilla, Chiu, Cooley, Beth Gaines, Linder | |
Appropriations | 19-1 | Gonzalez, Bloom, Bonilla, Bonta, Calderon, Chang, McCarty, Eggman, Gallagher, Eduardo Garcia, Chau, Holden, Jones, Obernolte, Quirk, Santiago, Wagner, Weber, Wood | Bigelow |
SUMMARY: Adds to the list of the types of sites that a local government can identify as suitable for residential development in the housing element. Specifically, this bill:
- Adds the following to the list of "land suitable for residential development"
- Buildings owned or under the control of a city or county, zoned for residential use and capable of having residential developments constructed above the existing building;
- Buildings owned or under the control of a city or a county and zoned for nonresidential use that can be rezoned for residential use and are capable of having residential developments constructed above the building;
- Underutilized sites zoned for residential use; and
- Underutilized sites zoned for nonresidential use that allow residential development.
- Defines "underutilized sites" to mean properties or portions of a property that are used only at irregular periods or intermittently by the accountable agency of the local government or a property that is being used for the accountable agency's current program purposes that can be satisfied with only a portion of the property.
FISCAL EFFECT: According to the Assembly Appropriations Committee, no state fiscal impact. Although local costs to inventory existing sites and make suitability determinations could be substantial, local agencies have the authority to levy services charges or fees for housing element related costs and thus, any local costs are not reimbursable.
COMMENTS:
Every local government is required to prepare a housing element as part of its general plan. The housing element process starts when Department of Housing and Community Development (HCD) determines the number of new housing units a region is projected to need at all income levels (very low-, low-, moderate-, and above-moderate income) over the course of the next housing element planning period to accommodate population growth and overcome existing deficiencies in the housing supply. This number is known as the regional housing needs assessment (RHNA). The COG for the region, or HCD for areas with no COG, then assigns a share of the RHNA number to every city and county in the region based on a variety of factors.
In preparing its housing element, a city or county must show how it plans to accommodate its share of the RHNA. The housing element must include an inventory of sites already zoned for housing. If a community does not have enough sites within its existing inventory of residentially zoned land to accommodate its entire RHNA, then the community must adopt a program to rezone land within the first three years of the planning period.
Cities and counties are required to demonstrate that sites are adequate to accommodate housing for each income group based on the zoning after taking into consideration individual site factors such as property size, existing uses, environmental constraints, and economic constraints. With respect to the zoning, density can be used as a proxy for affordability. Jurisdictions may establish the adequacy of a site for very low- or low-income housing by showing that it is zoned at the "default" density (also referred to as the Mullin density). These densities range from 10 to 30 units per acre depending on the type of jurisdiction. Jurisdictions may also include sites zoned at lower densities by providing an analysis of how the lower density can accommodate the need for affordable housing.
This bill would add underutilized sites and public buildings that are capable of having residential developments constructed above the existing structure to the types of sites that can be identified to accommodate the jurisdictions share of RHNA.
Purpose of this bill: According to the author, "In many urban, dense areas, there is a distinct lack of land that can be used for affordable housing. In fact, the City of Los Angeles is about to hit its development limit. The city is now zoned to house, at most, 4.2 million people. The current population is 3.9 million. There were 28,000 new housing starts in the Los Angeles metro area last year (population 13 million), versus 64,000 in Houston (population 2 million). In California's largest urban areas, and those where land costs are the highest, it is particularly important that local governments and developers both think outside the box on how to use land and space more effectively. AB 2208 takes an important step in this direction by requiring that local governments specifically consider non-traditional spaces in their property surveys for housing. AB 2208 requires local governments to include underutilized land, and available air rights when surveying property that may be applicable for use in affordable housing as a part of their Housing Element."
Assembly Housing and Community Development Committee Comments:
The purpose of requiring a local government to identify land suitable for residential development is to ensure that there are enough sites that are available to meet the local jurisdictions RHNA. The definition of underutilized and public buildings on which housing can be built above in this bill may not be adequately defined and could result in sites not suitable for residential development being included in the jurisdictions housing element.
Analysis Prepared by: Lisa Engel / H. & C.D. / (916) 319-2085 FN: 0002977
Date of Hearing: May 11, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
ABPCA Bill Id:AB 2208
Author:(Santiago) – As Amended Ver:April 4, 2016
Policy Committee: | Housing and Community Development | Vote: | 7 - 0 |
Local Government | 8 - 0 | ||
|
|
Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY: This bill adds to the list of the types of sites that a local government can identify as suitable for residential development in their housing element. Specifically, this bill:
- Adds the following to the list of "land suitable for residential development"
- Buildings owned or under the control of a city or county, zoned for residential use and capable of having residential developments constructed above the existing building;
- Buildings owned or under the control of a city or a county and zoned for nonresidential use that can be rezoned for residential use and are capable of having residential developments constructed above the building;
- Underutilized sites zoned for residential use; and
- Underutilized sites zoned for nonresidential use that allow residential development.
- Defines "underutilized sites" to mean properties or portions of a property that are used only at irregular periods or intermittently by the accountable agency of the local government, or a property that is being used for the accountable agency's current program purposes that can be satisfied with only a portion of the property.
FISCAL EFFECT:
No state fiscal impact. Although local costs to inventory existing sites and make suitability determinations could be substantial, local agencies have the authority to levy services charges or fees for housing element related costs and thus, any local costs are not reimbursable.
COMMENTS:
- Purpose. According to the author, "In many urban, dense areas, there is a distinct lack of land that can be used for affordable housing. In California’s largest urban areas, and those where land costs are the highest, it is particularly important that local governments and developers both think outside the box on how to use land and space more effectively. This bill takes an important step in this direction by requiring that local governments specifically consider non-traditional spaces in their property surveys for housing. This bill requires local governments to include underutilized land, and available air rights when surveying property that may be applicable for use in affordable housing as a part of their Housing Element."
- Background. In preparing its housing element, a city or county must show how it plans to accommodate its share of the regional housing needs assessment (RHNA). The housing element must include an inventory of sites already zoned for housing. If a community does not have enough sites within its existing inventory of residentially zoned land to accommodate its entire RHNA, then the community must adopt a program to rezone land within the first three years of the planning period.
Cities and counties are required to demonstrate that sites are adequate to accommodate housing for each income group based on the zoning after taking into consideration individual site factors, such as property size, existing uses, environmental constraints, and economic constraints. With respect to the zoning, density can be used as a proxy for affordability. Jurisdictions may establish the adequacy of a site for very low- or low-income housing by showing that it is zoned at the “default” density (also referred to as the Mullin density). These densities range from 10 to 30 units per acre depending on the type of jurisdiction. Jurisdictions may also include sites zoned at lower densities by providing an analysis of how the lower density can accommodate the need for affordable housing.
This bill would add underutilized sites and public buildings that are capable of having residential developments constructed above the existing structure to the types of sites that can be identified to accommodate the jurisdictions’ share of RHNA.
- Arguments in Support. Supporters (cities) argue that the expansion in the bill will provide cities additional flexibility in meeting their regional housing needs by identifying a greater number of sites where housing can be built.
- Arguments in Opposition. According to the American Planning Association, California Chapter, "the requirement to assess the potential addition of housing on top of existing public facilities isn't viable. In order to add additional floors to an existing operating public facility, the facility must be built with the knowledge or potential for adding housing so that the structure below the housing meets code requirements to carry the weight and height of the added housing development."
There are also concerns that the definition of “underutilized” and the public buildings on which housing can be built above is not adequately developed in the bill and could result in sites not suitable for residential development being included in the jurisdiction’s housing element.
- Related Legislation. This is one of six Assembly bills addressing density bonus issues before this committee today.
- AB 1934 (Santiago) creates a density bonus for commercial developers that partner with an affordable housing developer to construct a mixed-used development.
- AB 2299 (Bloom) requires, instead of allows, a local agency to, by ordinance, provide for the creation of second units in single-family and multifamily residential zones, and makes a number of other changes specifying what is required to be in the ordinance.
- AB 2442 (Holden) requires local agencies to grant a density bonus when an applicant for a housing development agrees to construct housing for transitional foster youth, disabled veterans, or homeless persons.
- AB 2501 (Bloom and Low) makes a number of changes to density bonus law.
- AB 2556 (Nazarian) requires a jurisdiction, in cases where a proposed development is replacing existing affordable housing units, to adopt a rebuttable presumption regarding the number and type of affordable housing units necessary for density bonus eligibility.
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
Date of Hearing: April 20, 2016
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Susan Talamantes Eggman, Chair
ABPCA Bill Id:AB 2208 (
Author:Santiago) – As Amended Ver:April 4, 2016
SUBJECT: Local planning: housing element: inventory of land for residential development.
SUMMARY: Adds, for purposes of the requirements of housing element law, to the list of the types of sites that a local government can identify as suitable for residential development in the housing element. Specifically, this bill:
- Adds, for purposes of the requirements of housing element law that a city or county identify sites that can be developed for housing within the planning period and that are sufficient to provide for the jurisdiction’s share of the regional housing need for all income levels, the following to the list of land suitable for residential development:
- Buildings owned or under the control of a city or county, zoned for residential use and capable of having residential developments constructed above the existing building;
- Buildings owned or under the control of a city or a county and zoned for nonresidential use that can be rezoned for residential use and are capable of having residential developments constructed above the building;
- Underutilized sites zoned for residential use; and,
- Underutilized sites zoned for nonresidential use that allow residential development.
- Defines "underutilized sites" to mean properties or portions of a property that are used only
at irregular periods or intermittently by the accountable agency of the local government or property that is being used for the accountable agency's current program purposes that can be satisfied with only a portion of the property. - States that no reimbursement is necessary because a local agency has the authority to levy service charges, fees, or assessment sufficient to pay for the program or level of service mandated by this act.
EXISTING LAW:
- Requires every city and county to prepare and adopt a general plan containing seven mandatory elements, including a housing element.
- Divides the regional housing needs allocation (RHNA) into the following income categories:
- Very low-income (50% or lower of area median income), including extremely low-income (30% or lower of area median income);
- Low-income (80% or lower of area median income);
- Moderate-income (between 80% and 120% of area median income); and,
- Above moderate-income (exceeding 120% area median income).
- Requires a jurisdiction's housing element to identify and analyze existing and projected housing needs, identify adequate sites with appropriate zoning to meet the housing needs
of all income segments of the community, and ensure that regulatory systems provide opportunities for, and do not unduly constrain, housing development. - Requires a local government to inventory land suitable for residential development to identify sites that can be developed to meet the jurisdiction's regional housing needs for all income levels. Provides that "land suitable for residential development" includes all of the following:
- Vacant sites zoned for residential use;
- Vacant sites zoned for nonresidential use that allows residential development;
- Residentially zoned sites that are capable of being developed at higher density; and,
- Sites zoned for nonresidential use that can be redeveloped for and as necessary, rezoned for, residential use.
FISCAL EFFECT: This bill is keyed fiscal.
COMMENTS:
- Bill Summary. This bill adds, for purposes of the requirements of housing element law that a city or county identify sites that can be developed for housing within the planning period and that are sufficient to provide for the jurisdiction’s share of the regional housing need for all income levels, the following to the list of land suitable for residential development:
- Buildings owned or under the control of a city or county, zoned for residential use and capable of having residential developments constructed above the existing building;
- Buildings owned or under the control of a city or a county and zoned for nonresidential use that can be rezoned for residential use and are capable of having residential developments constructed above the building;
- Underutilized sites zoned for residential use; and,
- Underutilized sites zoned for nonresidential use that allow residential development.
The bill defines "underutilized sites" to mean properties or portions of a property that are used only at irregular periods or intermittently by the accountable agency of the local government or property that is being used for the accountable agency's current program purposes that can be satisfied with only a portion of the property.
This bill is an author-sponsored measure.
- Author’s Statement. According to the author, “In many urban, dense areas, there is a distinct lack of land that can be used for affordable housing. In fact, the City of Los Angeles is about to hit its development limit. The city is now zoned to house, at most, 4.2 million people. The current population is 3.9 million. There were 28,000 new housing starts in the Los Angeles metro area last year (population 13 million), versus 64,000 in Houston (population two million). In California’s largest urban areas, and those where land costs are the highest, it is particularly important that local governments and developers both think outside the box on how to use land and space more effectively. AB 2208 takes an important step in this direction by requiring that local governments specifically consider non-traditional spaces in their property surveys for housing. AB 2208 requires local governments to include underutilized land, and available air rights when surveying property that may be applicable for use in affordable housing as a part of their Housing Element."
- Background. Every local government is required to prepare a housing element as part of its general plan. The housing element process starts when the Department of Housing and Community Development (HCD) determines the number of new housing units a region is projected to need at all income levels (very low-, low-, moderate-, and above-moderate income) over the course of the next housing element planning period to accommodate population growth and overcome existing deficiencies in the housing supply. This number is known as the regional housing needs assessment (RHNA). The council of governments (COG) for the region, or HCD for areas with no COG, then assigns a share of the RHNA number to every city and county in the region based on a variety of factors.
In preparing its housing element, a city or county must show how it plans to accommodate its share of the RHNA. The housing element must include an inventory of sites already zoned for housing. If a community does not have enough sites within its existing inventory of residentially zoned land to accommodate its entire RHNA, then the community must adopt a program to rezone land within the first three years of the planning period.
Cities and counties are required to demonstrate that sites are adequate to accommodate housing for each income group based on the zoning after taking into consideration individual site factors, such as property size, existing uses, environmental constraints, and economic constraints. With respect to the zoning, density can be used as a proxy for affordability. Jurisdictions may establish the adequacy of a site for very low- or low-income housing by showing that it is zoned at the “default” density (also referred to as the Mullin density). These densities range from 10 to 30 units per acre depending on the type of jurisdiction. Jurisdictions may also include sites zoned at lower densities by providing an analysis of how the lower density can accommodate the need for affordable housing.
- Building Up. According to an article in Governing Magazine entitled “Why Don’t More Cities Sell Air Rights?” published in September 2014, “Public works projects often come at heavy expense. Whether it’s building new schools, municipal halls or other facilities, such projects produce not only upfront costs, but depending on their magnitude, long-term debts. There is however, a way to mitigate costs, or even make a project more profitable: sell off the air rights.”
The article also points out that “U.S. cities do not maximize their use of public properties…It is in compact cities such as Seattle – along with Boston, Chicago, New York City, San Francisco and Washington, D. C – where utilizing air rights would make the most sense….after all, if proposed three-story schools, libraries and recreation centers could instead sit inside 50-story mixed-use towers, this would increase the supply of affordable housing and office space, further compelling people to locate centrally.”
- Policy Considerations. The Committee may wish to consider the following:
- Feasibility. Is it feasible to build residential units on top of existing structures? The Committee may wish to consider whether cities should be able to count these sites toward the RHNA, if constructing residential developments above existing buildings is not truly feasible. Also, given the concerns around seismic safety in California, the Committee may wish to consider whether it is prudent to encourage developments on top of existing buildings that were not originally built with the idea of expansion upwards.
- Cost of Reviewing Existing Properties. As noted by the California State Association
of Counties in their letter of "Concerns,” “Counties are concerned…with the potential costs of reviewing existing properties to determine whether they can feasibly accommodate housing development….moreover, we are concerned that the bill may put counties in the position of proving why county-owned or controlled buildings or properties are not appropriate for housing development rather than solely allowing local jurisdictions the flexibility to inventory these properties when they are clearly suitable for development.” - More Housing? The Committee may wish to consider whether such a review of existing properties will actually result in any additional housing being built on those sites.
- Arguments in Support. Supporters argue that the expansion in the bill will provide cities additional flexibility in meeting their regional housing needs by identifying a greater number of sites where housing can be built.
- Arguments in Opposition. There are concerns that the definition of “underutilized” and the public buildings on which housing can be built above is not adequately developed in the bill and could result in sites not suitable for residential development being included in the jurisdiction’s housing element.
- Double-Referral. This bill was heard by the Housing and Community Development Committee on April 13, 2016, where it passed with a 7-0 vote.
REGISTERED SUPPORT / OPPOSITION:
Support
League of California Cities
California Council for Affordable Housing
Concerns
California State Association of Counties
Housing California
Opposition
American Planning Association, California Chapter (unless amended)
Analysis Prepared by: Debbie Michel / L. GOV. / (916) 319-3958
Date of Hearing: April 13, 2016
ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT
David Chiu, Chair
ABPCA Bill Id:AB 2208 (
Author:Santiago) – As Amended Ver:April 4, 2016
SUBJECT: Local planning: housing element: inventory of land for residential development
SUMMARY: Adds to the list of the types of sites that a local government can identify as suitable for residential development in the housing element. Specifically, this bill:
- Adds the following to the list of "land suitable for residential development"
- Buildings owned or under the control of a city or county, zoned for residential use and capable of having residential developments constructed above the existing building;
- Buildings owned or under the control of a city or a county and zoned for nonresidential use that can be rezoned for residential use and are capable of having residential developments constructed above the building;
- Underutilized sites zoned for residential use; and
- Underutilized sites zoned for nonresidential use that allow residential development.
- Defines "underutilized sites" to mean properties or portions of a property that are used only at irregular periods or intermittently by the accountable agency of the local government or a property that is being used for the accountable agency's current program purposes that can be satisfied with only a portion of the property.
EXISTING LAW:
- Requires every city and county to prepare and adopt a general plan containing seven mandatory elements, including a housing element.
- Divides the RHNA into the following income categories:
- Very low-income (50% or lower of area median income), including extremely low-income (30% or lower of area median income);
- Low-income (80% or lower of area median income);
- Moderate-income (between 80% and 120% of area median income); and
- Above moderate-income (exceeding 120% area median income).
- Requires a jurisdiction's housing element to identify and analyze existing and projected housing needs, identify adequate sites with appropriate zoning to meet the housing needs of all income segments of the community, and ensure that regulatory systems provide opportunities for, and do not unduly constrain, housing development.
- Requires a local government to inventory land suitable for residential development to identify sites that can be developed to meet the jurisdiction's regional housing needs for all income levels. Provides that "land suitable for residential development" includes all of the following:
- Vacant sites zoned for residential use;
- Vacant sites zoned for nonresidential use that allows residential development;
- Residentially zoned sites that are capable of being developed at higher density;
- Sites zoned for nonresidential use that can be redeveloped for and as necessary, rezoned for, residential use.
FISCAL EFFECT: Unknown.
COMMENTS:
Every local government is required to prepare a housing element as part of its general plan. The housing element process starts when Department of Housing and Community Development (HCD) determines the number of new housing units a region is projected to need at all income levels (very low-, low-, moderate-, and above-moderate income) over the course of the next housing element planning period to accommodate population growth and overcome existing deficiencies in the housing supply. This number is known as the regional housing needs assessment (RHNA). The COG for the region, or HCD for areas with no COG, then assigns a share of the RHNA number to every city and county in the region based on a variety of factors.
In preparing its housing element, a city or county must show how it plans to accommodate its share of the RHNA. The housing element must include an inventory of sites already zoned for housing. If a community does not have enough sites within its existing inventory of residentially zoned land to accommodate its entire RHNA, then the community must adopt a program to rezone land within the first three years of the planning period.
Cities and counties are required to demonstrate that sites are adequate to accommodate housing for each income group based on the zoning after taking into consideration individual site factors such as property size, existing uses, environmental constraints, and economic constraints. With respect to the zoning, density can be used as a proxy for affordability. Jurisdictions may establish the adequacy of a site for very low- or low-income housing by showing that it is zoned at the “default” density (also referred to as the Mullin density). These densities range from 10 to 30 units per acre depending on the type of jurisdiction. Jurisdictions may also include sites zoned at lower densities by providing an analysis of how the lower density can accommodate the need for affordable housing.
This bill would add underutilized sites and public buildings that are capable of having residential developments constructed above the existing structure to the types of sites that can be identified to accommodate the jurisdictions share of RHNA.
Purpose of this bill: According to the author, "In many urban, dense areas, there is a distinct lack of land that can be used for affordable housing. In fact, the City of Los Angeles is about to hit its development limit. The city is now zoned to house, at most, 4.2 million people. The current population is 3.9 million. There were 28,000 new housing starts in the Los Angeles metro area last year (population 13 million), versus 64,000 in Houston (population 2 million). In California’s largest urban areas, and those where land costs are the highest, it is particularly important that local governments and developers both think outside the box on how to use land and space more effectively. AB 2208 takes an important step in this direction by requiring that local governments specifically consider non-traditional spaces in their property surveys for housing. AB 2208 requires local governments to include underutilized land, and available air rights when surveying property that may be applicable for use in affordable housing as a part of their Housing Element."
Arguments in opposition: According to the American Planning Association, California Chapter, "the requirement to assess the potential addition of housing on top of existing public facilities isn't viable. In order to add additional floors to an existing operating public facility, the facility must be built with the knowledge or potential for adding housing so that the structure below the housing meets code requirements to carry the weight and height of the added housing development."
Staff Comments:
The purpose of requiring a local government to identify a land suitable for residential development is to ensure that there are enough sites that are available to meet the local jurisdictions RHNA. The committee may wish to consider that the definition of underutilized and public buildings on which housing can be built above may not be adequately defined and could result in sites not suitable for residential development being included in the jurisdictions housing element.
Double referred: If AB 2208 passes this committee, the bill will be referred to the Committee on Local Government.
REGISTERED SUPPORT / OPPOSITION:
Support
California Apartment Association
League of California Cities
Opposition
American Planning Association, California Chapter
Analysis Prepared by: Lisa Engel / H. & C.D. / (916) 319-2085, Lisa Engel / H. & C.D. / (961) 319-2085
Discussed in Hearing
49SEC
Assembly Floor
2MIN
Senate Floor
4MIN
Senate Standing Committee on Transportation and Housing
1MIN
Assembly Floor
45SEC
Assembly Floor
1MIN
Assembly Standing Committee on Appropriations
8MIN
Assembly Standing Committee on Local Government
5MIN
Assembly Standing Committee on Housing and Community Development
Bill Author
Bill Co-Author(s):
