Amended in Assembly January 6, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 745

Introduced by Assembly Member Levine

February 21, 2013

An act to amend Section begin delete 65583.2 end delete begin insert 5549 end insert of the begin delete Government Code end delete begin insert Public Resources Code end insert , relating to begin delete land use end delete begin insert parks end insert .

LEGISLATIVE COUNSEL’S DIGEST

AB 745, as amended, Levine. begin delete Land use: housing element. end delete begin insert Regional park and open-space districts: general manager: powers. end insert

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Existing law authorizes the general managers of the East Bay Regional Park District, the Midpeninsula Regional Open Space District, and the Sonoma County Agricultural Preservation and Open Space District to bind those districts, with district board approval and in accordance with board policy, for the payment for supplies, materials, labor, or other valuable consideration for any purpose, in amounts not exceeding $25,000.

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This bill would also extend that authorization to the general manager of the Marin County Open Space District.

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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.

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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.

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

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

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begin insert SECTION 1. end insert   

end insert

begin insert Section 5549 of the end insert begin insert Public Resources Code end insert begin insert is
amended to read: end insert

5549.  

(a) The general manager has the following administrative
and executive functions, powers, and duties. The general manager
shall do all of the following:

(1) Enforce this article and all ordinances and regulations of the
district.

(2) Appoint and remove subordinates, clerks, and other
employees, and exercise supervision and control over all
departments and offices of the district, subject to the personnel
rules, civil begin delete service, end delete begin insert service end insert or merit system, and policies adopted
by the board.

(3) Attend all meetings of the board unless excused by the board.

(4) Submit to the board for adoption any measures, ordinances,
and regulations he or she deems necessary or expedient.

(5) Enforce all terms and conditions imposed in favor of the
district or its inhabitants in any contract and report any violations
to the board or the police department, as appropriate.

(6) Prepare and submit the annual budget to the board and
perform all other duties imposed by this article or by the board.

(b) (1) With the approval of the board, the general manager
may bind the district, in accordance with board policy, and without
advertising, for the payment for supplies, materials, labor, or other
valuable consideration for any begin delete purpose end delete begin insert purpose, end insert other than new
construction of a building, structure, or begin delete improvement end delete begin insert improvement, end insert
in amounts not exceeding ten thousand dollars ($10,000), and for
the payment for supplies, materials, or labor for new construction
of a building, structure, or begin delete improvement end delete begin insert improvement, end insert in amounts
not exceeding twenty-five thousand dollars ($25,000). All
expenditures shall be reported to the board of directors at its next
regular meeting.

(2) Notwithstanding paragraph (1), with the approval of the
board, the general manager of the East Bay Regional Park District,
begin insert the general manager of the Marin County Open Space District, end insert
the general manager of the Midpeninsula Regional Open Space
District, and the general manager of the Sonoma County
Agricultural Preservation and Open Space District may bind those
districts, in accordance with board policy, and without advertising,
for the payment for supplies, materials, labor, or other valuable
consideration for any purpose, including the new construction of
any building, structure, or begin delete improvement end delete begin insert improvement, end insert in amounts
not exceeding twenty-five thousand dollars ($25,000). All
expenditures shall be reported to the board of directors at its next
regular meeting.

begin delete

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 determined 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.

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

(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
100,000, 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.

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