California Legislature—2013–14 Regular Session

Assembly BillNo. 745


Introduced by Assembly Member Levine

February 21, 2013


An act to amend Section 65583.2 of the Government Code, relating to land use.

LEGISLATIVE COUNSEL’S DIGEST

AB 745, as introduced, Levine. Land use: housing element.

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’s 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, requires a city or county to determine (1) whether each site in the inventory can accommodate some portion of its share, as specified, and (2) the number of housing units that can be accommodated on each site, as specified. That law requires a city or county, for the number of units calculated to accommodate its share of the regional housing need for lower income households, to either provide a prescribed analysis demonstrating how the adopted densities accommodate this need, or deem certain densities appropriate to accommodate housing for lower income households, based on specified classifications.

This bill would authorize a city or county to request the appropriate council of governments to adjust a density to be deemed appropriate if it is inconsistent with the city’s or county’s existing density.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 65583.2 of the Government Code is
2amended to read:

3

65583.2.  

(a) A city’s or county’s inventory of land suitable
4for residential development pursuant to paragraph (3) of
5subdivision (a) of Section 65583 shall be used to identify sites that
6can be developed for housing within the planning period and that
7are sufficient to provide for the jurisdiction’s share of the regional
8housing need for all income levelsbegin insert determinedend insert pursuant to Section
965584. As used in this section, “land suitable for residential
10development” includes all of the following:

11(1) Vacant sites zoned for residential use.

12(2) Vacant sites zoned for nonresidential use that allows
13residential development.

14(3) Residentially zoned sites that are capable of being developed
15at a higher density.

16(4) Sites zoned for nonresidential use that can be redeveloped
17for, and as necessary, rezoned for, residential use.

18(b) The inventory of land shall include all of the following:

19(1) A listing of properties by parcel number or other unique
20reference.

21(2) The size of each property listed pursuant to paragraph (1),
22and the general plan designation and zoning of each property.

23(3) For nonvacant sites, a description of the existing use of each
24property.

25(4) A general description of any environmental constraints to
26the development of housing within the jurisdiction, the
27documentation for which has been made available to the
28jurisdiction. This information need not be identified on a
29site-specific basis.

30(5) A general description of existing or planned water, sewer,
31and other dry utilities supply, including the availability and access
P3    1to distribution facilities. This information need not be identified
2on a site-specific basis.

3(6) Sites identified as available for housing for above
4moderate-income households in areas not served by public sewer
5systems. This information need not be identified on a site-specific
6basis.

7(7) A map that shows the location of the sites included in the
8inventory, such as the land use map from the jurisdiction’s general
9plan for reference purposes only.

10(c) Based on the information provided in subdivision (b), a city
11or county shall determine whether each site in the inventory can
12accommodate some portion of its share of the regional housing
13need by income level during the planning period, as determined
14pursuant to Section 65584. The analysis shall determine whether
15the inventory can provide for a variety of types of housing,
16including multifamily rental housing, factory-built housing,
17mobilehomes, housing for agricultural employees, emergency
18shelters, and transitional housing. The city or county shall
19determine the number of housing units that can be accommodated
20on each site as follows:

21(1) If local law or regulations require the development of a site
22at a minimum density, the department shall accept the planning
23agency’s calculation of the total housing unit capacity on that site
24based on the established minimum density. If the city or county
25does not adopt a law or regulations requiring the development of
26a site at a minimum density, then it shall demonstrate how the
27number of units determined for that site pursuant to this subdivision
28will be accommodated.

29(2) The number of units calculated pursuant to paragraph (1)
30shall be adjusted as necessary, based on the land use controls and
31site improvements requirement identified in paragraph (5) of
32subdivision (a) of Section 65583.

33(3) For the number of units calculated to accommodate its share
34of the regional housing need for lower income households pursuant
35to paragraph (2), a city or county shall do either of the following:

36(A) Provide an analysis demonstrating how the adopted densities
37accommodate this need. The analysis shall include, but is not
38limited to, factors such as market demand, financial feasibility, or
39information based on development project experience within a
40zone or zones that provide housing for lower income households.

P4    1(B) The following densities shall be deemed appropriate to
2accommodate housing for lower income households:

3(i) For incorporated cities within nonmetropolitan counties and
4for nonmetropolitan counties that have micropolitan areas: sites
5allowing at least 15 units per acre.

6(ii) For unincorporated areas in all nonmetropolitan counties
7not included in clause (i): sites allowing at least 10 units per acre.

8(iii) For suburban jurisdictions: sites allowing at least 20 units
9per acre.

10(iv) For jurisdictions in metropolitan counties: sites allowing
11at least 30 units per acre.

begin insert

12(4) A city or county may request the appropriate council of
13governments to adjust a density specified in subparagraph (B) of
14paragraph (3) if the density specified is inconsistent with the city’s
15or county’s existing density.

end insert

16(d) For purposes of this section, metropolitan counties,
17nonmetropolitan counties, and nonmetropolitan counties with
18micropolitan areas are as determined by the United States Census
19Bureau. Nonmetropolitan counties with micropolitan areas include
20the following counties: Del Norte, Humboldt, Lake, Mendocino,
21Nevada, Tehama, and Tuolumne and such other counties as may
22be determined by the United States Census Bureau to be
23nonmetropolitan counties with micropolitan areas in the future.

24(e) A jurisdiction is considered suburban if the jurisdiction does
25not meet the requirements of clauses (i) and (ii) of subparagraph
26(B) of paragraph (3) of subdivision (c) and is located in a
27Metropolitan Statistical Area (MSA) of less than 2,000,000 in
28population, unless that jurisdiction’s population is greater than
29100,000, in which case it is considered metropolitan. Counties,
30not including the City and County of San Francisco, will be
31considered suburban unless they are in a MSA of 2,000,000 or
32greater in population in which case they are considered
33metropolitan.

34(f) A jurisdiction is considered metropolitan if the jurisdiction
35does not meet the requirements for “suburban area” above and is
36located in a MSA of 2,000,000 or greater in population, unless
37that jurisdiction’s population is less than 25,000 in which case it
38is considered suburban.

39(g) For sites described in paragraph (3) of subdivision (b), the
40city or county shall specify the additional development potential
P5    1for each site within the planning period and shall provide an
2explanation of the methodology used to determine the development
3potential. The methodology shall consider factors including the
4extent to which existing uses may constitute an impediment to
5additional residential development, development trends, market
6conditions, and regulatory or other incentives or standards to
7encourage additional residential development on these sites.

8(h) The program required by subparagraph (A) of paragraph (1)
9of subdivision (c) of Section 65583 shall accommodate 100 percent
10of the need for housing for very low and low-income households
11allocated pursuant to Section 65584 for which site capacity has
12not been identified in the inventory of sites pursuant to paragraph
13(3) of subdivision (a) on sites that shall be zoned to permit
14owner-occupied and rental multifamily residential use by right
15during the planning period. These sites shall be zoned with
16minimum density and development standards that permit at least
1716 units per site at a density of at least 16 units per acre in
18jurisdictions described in clause (i) of subparagraph (B) of
19paragraph (3) of subdivision (c) and at least 20 units per acre in
20jurisdictions described in clauses (iii) and (iv) of subparagraph (B)
21of paragraph (3) of subdivision (c). At least 50 percent of the very
22low and low-income housing need shall be accommodated on sites
23designated for residential use and for which nonresidential uses
24or mixed-uses are not permitted.

25(i) For purposes of this section and Section 65583, the phrase
26“use by right” shall mean that the local government’s review of
27the owner-occupied or multifamily residential use may not require
28a conditional use permit, planned unit development permit, or other
29discretionary local government review or approval that would
30constitute a “project” for purposes of Division 13 (commencing
31with Section 21000) of the Public Resources Code. Any subdivision
32of the sites shall be subject to all laws, including, but not limited
33to, the local government ordinance implementing the Subdivision
34Map Act. A local ordinance may provide that “use by right” does
35not exempt the use from design review. However, that design
36review shall not constitute a “project” for purposes of Division 13
37(commencing with Section 21000) of the Public Resources Code.
P6    1Use by right for all rental multifamily residential housing shall be
2provided in accordance with subdivision (f) of Section 65589.5.



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