BILL NUMBER: AB 1537 INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Levine JANUARY 22, 2014 An act to amend Section 65583.2 of the Government Code, relating to land use. LEGISLATIVE COUNSEL'S DIGEST AB 1537, as introduced, Levine. General plan housing element: regional housing need. 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. That law requires the housing element to, among other things, include an inventory of land suitable for residential development and make adequate provision for the existing and projected needs of all economic segments of the community. That law prescribes the densities appropriate to accomodate housing for lower income households and varies those densities depending upon how an area is classified, whether as metropolitan, suburban, or in another category. A city, county, or city and county is required to submit a draft housing element or draft amendment to its housing element to the Department of Housing and Community Development for a determination of whether the draft substantially complies with state law governing housing elements. This bill would require a county in a Metropolitan Statistical Area of 2,000,000 or more and that has a population of less than 400,000 to be considered suburban for purposes of determining the densities appropriate to accomodate housing for lower income households. The bill would, for that same purpose, also require a city that has a population of less than 100,000 and is incorporated within that county to be considered suburban. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: 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 an incorporated
citiescity within a nonmetropolitan countiescounty and for a nonmetropolitan countiescounty that havehas a micropolitan areas:area: sites allowing at least 15 units per acre. (ii) For an unincorporated areasarea in alla nonmetropolitan countiescounty not included in clause (i): sites allowing at least 10 units per acre. (iii) For a suburban jurisdictions:jurisdiction, sites allowing at least 20 units per acre. (iv) For jurisdictionsa jurisdiction in a metropolitan counties:county: sites allowing at least 30 units per acre. (d) For purposes of this section, a metropolitan counties,county, nonmetropolitan counties,county, and nonmetropolitan countiescounty with a micropolitan areas arearea shall be as determined by the United States Census Bureau. NonmetropolitancountiesA nonmetropolitan county with a micropolitan areas includearea includes the following counties: Del Norte, Humboldt, Lake, Mendocino, Nevada, Tehama, and Tuolumne and suchother counties as may be determined by the United States Census Bureau to be nonmetropolitan counties with micropolitan areas in the future. (e) A jurisdiction isshall be 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 isshall be considered metropolitan. CountiesA county , not including the City and County of San Francisco, willshall be considered suburban unless they arethe county is in a MSA of 2,000,000 or greater in population in which case they arethe county shall be considered metropolitan. A county that is included in a MSA of 2,000,000 or greater in population, and has a population of less than 400,000 shall be considered suburban. When this county includes an incorporated city that has a population of less than 100,000, this city shall also be considered suburban. (f) A jurisdiction isshall be 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 isshall be 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.