BILL ANALYSIS Ó
AB 542
Page 1
REPLACE - 05/31/2011 Changes per consultant.
ASSEMBLY THIRD READING
AB 542 (Allen)
As Amended May 2, 2011
Majority vote
LOCAL GOVERNMENT 9-0 HOUSING 6-0
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|Ayes:|Smyth, Alejo, Bradford, |Ayes:|Torres, Atkins, Bradford, |
| |Campos, Davis, Gordon, | |Hueso, Jeffries, Miller |
| |Hueso, Knight, Norby | | |
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SUMMARY : Allows a county, in its determination of whether sites
included in the county'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, for a site within the unincorporated area of a county
if all of the following criteria apply:
a) Either of the following has occurred:
i) The site is owned by the county, is set aside for
affordable housing, and the land will be provided for the
development of affordable housing at no cost to the
developer; or,
ii) The county has committed to providing subsidies of at
least 15% of the total development cost per unit for the
construction of affordable housing on the site during the
planning period.
b) The site is zoned to allow a minimum residential density of
10 units per acre; and,
c) The site is located close to jobs and within one mile of a
grocery store or an elementary school.
2)Provides that if, by the end of the second year of the planning
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period, the county has not entered into an enforceable agreement
to provide committed assistance, as defined, for the development
of affordable units on a site included in a county's housing
element pursuant to the provisions of the bill, the county shall,
not later than July 1 of the fourth year of the planning period,
identify additional adequate sites sufficient to accommodate the
number of units for which committed assistance was not provided.
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 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
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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 : Cities and counties are required to prepare a housing
element that contains an assessment of housing needs and an
inventory of land suitable for 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, in spite of density requirements, a site within
the unincorporated area of a county to be deemed appropriate to
accommodate housing for lower income households if specified
criteria are met. First, either the site is owned by the county and
is set aside for affordable housing with the land to be provided for
the development of affordable housing at no cost to the developer,
or the county must commit to providing subsidies of at least 15 % of
the total development cost per unit for the construction of
affordable housing on the site during the planning period. As well,
under the provisions of the bill, the site must be zoned to allow a
minimum residential density of 10 units per acre, and must be
located close to jobs and within one mile of a grocery store or an
elementary school. The bill provides that, if, by the end of the
second year of the planning period, the county has not entered into
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an enforceable agreement to provide committed assistance for the
development of affordable units on a site included in a county's
housing element, that county, no later than July 1 of the fourth
year of the planning period must identify additional adequate sites
sufficient to accommodate the number of units for which committed
assistance was not provided.
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."
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 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."
Western Center on Law and 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."
Support arguments: This bill may give flexibility to those counties
that have trouble meeting housing element requirements. The bill
may also provide increased certainty for counties when completing
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their housing element revisions, and allow some counties to plan for
affordable housing in a way that fits their own unique situation.
Opposition arguments: Opposition notes 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. Although the bill's goals are to create
additional flexibility specifically for Napa County, the provisions
are applicable to all counties. The Legislature may wish to
consider the statewide implications of this policy change.
Analysis Prepared by : Debbie Michel / L. GOV. / (916) 319-3958
FN: 0000386