BILL ANALYSIS Ó
AB 542
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Date of Hearing: April 6, 2011
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Cameron Smyth, Chair
AB 542 (Allen) - As Introduced: February 16, 2011
SUBJECT : Land use: housing element: regional housing need.
SUMMARY : Allows a local government, in its determination of
whether sites included in the local government's inventory of
land can accommodate some of its share of the regional housing
need, to use densities less than existing law to accommodate
lower-income households, in specified circumstances.
Specifically, this bill :
1)Allows densities less than those contained in existing law to
be deemed appropriate to accommodate housing for lower-income
households, if:
a) The site is owned by the planning agency and set aside
for affordable housing development; or,
b) The planning agency has offered to provide unspecified
subsidies on a per unit basis for affordable housing
construction.
EXISTING LAW :
1)Requires every city and county to prepare and adopt a general
plan containing seven elements: land use, circulation,
housing, conservation, open space, noise, and safety.
2)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.
3)Requires, prior to each housing element revision, each council
of government (COG), in conjunction with the Department of
Housing and Community Development (HCD), to prepare a regional
housing needs assessment (RHNA) and allocates to each
jurisdiction in the region its fair share of the housing need
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for all income categories.
4)Allows vacant sites zoned for nonresidential use that allow
residential development to be included in the housing
element's inventory of land suitable for residential
development.
5)Requires cities and counties to determine what portion of
their share of the regional housing need by income level can
be accommodated on each site included in their inventory of
land suitable for residential development.
6)Provides that the following densities shall be deemed
appropriate to accommodate housing for lower-income
households:
a) For incorporated cities within nonmetropolitan counties
and for nonmetropolitan counties that have micropolitan
areas: sites allowing at least 15 units per acre;
b) For unincorporated areas in all nonmetropolitan counties
not included in a) above: sites allowing at least 10 units
per acre;
c) For suburban jurisdictions: sites allowing at least 20
units per acre; and,
d) For jurisdictions in metropolitan counties: sites
allowing at least 30 units per acre.
7)Under the "no-net-loss zoning" law, prohibits a city or county
from downzoning or permitting a lower-residential density on a
site that has been identified in the housing element, unless
the city or county adds zoning capacity for a comparable
number of units elsewhere or makes findings that the reduction
is consistent with the housing element and remaining sites are
adequate to accommodate the jurisdiction's share of the
regional housing need.
FISCAL EFFECT : Unknown
COMMENTS :
1)Cities and counties are required to prepare a housing element
that contains an assessment
of housing needs and an inventory of land suitable for
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residential development. This inventory is then used to
identify sites that can be developed for housing within the
planning period and that are sufficient to provide for the
city or county's share of the regional housing need for all
income levels. Existing law specifies "default" densities
that are deemed by HCD as appropriate to accommodate housing
for lower-income households. A city or county can designate
less dense sites with supporting analysis pursuant to existing
law, but HCD does not have to accept this analysis or the
sites.
This bill allows densities less than those contained in
existing law to be deemed appropriate to accommodate housing
for lower-income households in two specified circumstances:
first, if the site is owned by the planning agency and set
aside for affordable housing development; and second, if the
planning agency has offered to provide subsidies on a per unit
basis for affordable housing construction. The bill is silent
on what that lower level of density would be.
2)According to the sponsor, Napa County, the current density
requirements for RHNA do not fit the geographical look, feel
and scale of many rural districts. Napa County falls in the
default density category of 20 dwelling units per acre. The
sponsor believes that this bill would make it easier for rural
districts to meet RHNA requirements and would prevent them
from being sued by local entities. Additionally, the author
and sponsor note that "if a city or county attempts to meet
RHNA requirements with a lower density piece in their housing
element, they are often denied regardless of efforts to
rationalize less dense sites."
3)Napa County adopted a housing element in June of 2009,
however, after being reviewed by HCD, the county's housing
element was deemed out of compliance in September of 2009.
HCD, in its review of Napa County's adopted housing element,
noted the following:
"The following revisions are necessary to comply with State
housing element law:
"Include an inventory of land suitable for residential
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development, including vacant sites and sites having the
potential for redevelopment, and an analysis of the
relationship of zoning and public facilities and services to
these sites. The inventory of land suitable for residential
development shall be used to identify sites that can be
developed for housing within the planning period."
The Committee may wish to ask the author what strides Napa
County is making to achieve compliance in its housing element.
4)Western Center on Law & Poverty and the California Rural Legal
Assistance Foundation, in opposition, note that the densities
in current law "are presumed to be sufficient to allow the
development of affordable housing at high enough densities to
achieve the economies of scale that affordable housing
developers require in order to feasibly develop affordable
rental housing for lower income households." Additionally,
"lower densities typically preclude the development of
affordable housing."
5)Napa County is also sponsoring another bill, AB 679 (Allen),
which would give additional flexibility in provisions of law
that allow the transfer of a county's share of regional
housing need to a city, if that county provides funding for
affordable housing within a city. This bill is
double-referred to the Assembly Housing and Community
Development Committee and the Assembly Local Government
Committee. Taken together, AB 542 and AB 679 seek to give
more options to Napa County to meet their RHNA requirements.
6)The current version of this bill contains language allowing
for the planning agency to provide an unspecified subsidy per
unit for affordable housing construction. The bill is also
silent on what lower level of densities would be acceptable.
The Committee may wish to ask the author and sponsor to
discuss plans to address these issues.
7)Support argument: This bill may give flexibility to those
local governments that have trouble meeting housing element
requirements. The bill may also provide increased certainty
for local governments when completing their housing element
revisions, and allow some local governments to plan for
affordable housing in a way that fits their own unique
situation.
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Opposition argument: California Rural Legal Assistance
Foundation and Western Center on Law and Poverty note that
state law already provides an exception to these density
standards if the jurisdiction can demonstrate that lower
densities are sufficient to accommodate lower- income
households, and therefore there is no demonstrated need for a
second, lower standard.
REGISTERED SUPPORT / OPPOSITION :
Support
Napa County Board of Supervisors ÝSPONSOR]
Opposition
CA Rural Legal Assistance Foundation
Western Center on Law and Poverty
Analysis Prepared by : Debbie Michel / L. GOV. / (916)
319-3958