BILL NUMBER: AB 2508 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 20, 2010
INTRODUCED BY Assembly Member Caballero
FEBRUARY 19, 2010
An act to amend Section 65583.2 of the Government Code,
relating to land use. An act to add Section 50515 to
the Health and Safety Code, relating to housing.
LEGISLATIVE COUNSEL'S DIGEST
AB 2508, as amended, Caballero. Land use: housing
element. Housing: assistance activities.
The Planning and Zoning Law requires each city, county, or city
and county to prepare and adopt a general plan for its jurisdiction
that contains certain mandatory elements, including a housing
element. One part of the housing element is an assessment of housing
needs and an inventory of land suitable for residential development.
Existing law sets forth various classifications and definitions for
purposes of determining a city or county's inventory.
Existing law authorizes the Department of Housing and Community
Development to provide technical assistance to groups and persons
with various housing needs and to administer various housing
programs, including, but not limited to, programs promoting infill
residential development.
This bill would, upon request by a local agency, allow that agency
to petition the department for a reclassification of its
jurisdiction under a specified provision of the Planning and Zoning
Law, if that classification jeopardizes its ability to meet threshold
requirements for infill development programs administered by the
department. The bill would establish procedures for a
reclassification request.
The Planning and Zoning Law requires a city or county to adopt a
comprehensive, long-term general plan that includes various,
mandatory elements, including a housing element that, in turn, is
required to contain, among other things, an inventory of resources
and constraints relevant to meeting the city or county's housing
needs. That law also requires a city's or county's inventory of land
suitable for residential development to be used to identify sites
that can be developed for housing that are sufficient to provide for
the city's or county's share of the regional housing need, and for
that purpose, further requires a city or county to determine whether
each site in the inventory can accommodate some portion of its share.
For these purposes, that law provides that a jurisdiction is
considered suburban if it does not meet specified requirements,
unless that jurisdiction's population is greater than 100,000, in
which case it is considered metropolitan.
This bill would modify the provision of that law controlling when
a jurisdiction is considered suburban, by adjusting the minimum
population at which a jurisdiction is required to be considered
metropolitan, from 100,000 to 175,000.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 50515 is added to the
Health and Safety Code , to read:
50515. A local agency may petition the department for a
jurisdiction reclassification if its classification pursuant to
subdivisions (d) to (f), inclusive, of Section 65583.2 of the
Government Code jeopardizes the agency's ability to meet threshold
requirements for programs promoting infill development, as
administered by the department. The local agency shall submit the
petition with its application for the relevant program and shall
include the reasons why the agency believes the classification to be
in error. The agency shall also provide other information supporting
the need for the classification change, including, but not limited
to, any limitations that the local agency may encounter in meeting
the density requirements specified in subparagraph (B) of paragraph
(3) of subdivision (c) of Section 65583.2 of the Government Code.
SECTION 1. Section 65583.2 of the Government
Code is amended to read:
65583.2. (a) A city's or county's 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 jurisdiction's 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.
(4) Sites zoned for nonresidential use that can be redeveloped
for, and as necessary, rezoned for, residential use.
(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 jurisdiction's 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 agency'
s 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 incorporated cities within nonmetropolitan counties and
for nonmetropolitan counties that have micropolitan areas: sites
allowing at least 15 units per acre.
(ii) For unincorporated areas in all nonmetropolitan counties not
included in clause (i): sites allowing at least 10 units per acre.
(iii) For suburban jurisdictions: sites allowing at least 20 units
per acre.
(iv) For jurisdictions in metropolitan counties: sites allowing at
least 30 units per acre.
(d) For purposes of this section, metropolitan counties,
nonmetropolitan counties, and nonmetropolitan counties with
micropolitan areas are as determined by the United States Census
Bureau. Nonmetropolitan counties with micropolitan areas include the
following counties: Del Norte, Humboldt, Lake, Mendocino, Nevada,
Tehama, and Tuolumne and such 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 is 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 jurisdiction's population is greater than
175,000, in which case it is considered metropolitan. Counties, not
including the City and County of San Francisco, will be considered
suburban unless they are in a MSA of 2,000,000 or greater in
population in which case they are considered metropolitan.
(f) A jurisdiction is considered metropolitan if the jurisdiction
does not meet the requirements for "suburban area" above and is
located in a MSA of 2,000,000 or greater in population, unless that
jurisdiction's population is less than 25,000 in which case it is
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.
(i) For purposes of this section and Section 65583, the phrase
"use by right" shall mean that the local government's 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.