Amended in Senate August 12, 2014

Amended in Assembly April 21, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 1537


Introduced by Assembly Member Levine

January 22, 2014


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

LEGISLATIVE COUNSEL’S DIGEST

AB 1537, as amended, 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 accommodate 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, until December 31, 2023, a county that is in the San Francisco-Oakland-Fremontbegin delete,end delete California Metropolitan Statistical Area and that has a population of less than 400,000 to be considered suburban for purposes of determining the densities appropriate to accommodate 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. The bill would require a county or city so classified to make 2 reports, as specified, to the Legislature and the Department of Housing and Community Development.begin insert This bill would require a county subject to the bill to utilize the sum existing in its local housing trust fund as of June 30, 2013, for the development and preservation of housing affordable to low- and very low income households. The bill would apply housing density requirements in place on June 30, 2013, within end insertbegin insert12end insertbegin insert mile of a Sonoma-Marin Area Rail Transit station.end insert

begin insert

This bill would make legislative findings and declarations as to the necessity of a special statute for certain areas of the state.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. 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 levels pursuant to Section 65584. As
9used in this section, “land suitable for residential development”
10includes 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.

P3    1(2) The size of each property listed pursuant to paragraph (1),
2and the general plan designation and zoning of each property.

3(3) For nonvacant sites, a description of the existing use of each
4property.

5(4) A general description of any environmental constraints to
6the development of housing within the jurisdiction, the
7documentation for which has been made available to the
8jurisdiction. This information need not be identified on a
9site-specific basis.

10(5) A general description of existing or planned water, sewer,
11and other dry utilities supply, including the availability and access
12to distribution facilities. This information need not be identified
13on a site-specific basis.

14(6) Sites identified as available for housing for above
15moderate-income households in areas not served by public sewer
16systems. This information need not be identified on a site-specific
17basis.

18(7) A map that shows the location of the sites included in the
19inventory, such as the land use map from the jurisdiction’s general
20plan, for reference purposes only.

21(c) Based on the information provided in subdivision (b), a city
22or county shall determine whether each site in the inventory can
23accommodate some portion of its share of the regional housing
24need by income level during the planning period, as determined
25pursuant to Section 65584. The analysis shall determine whether
26the inventory can provide for a variety of types of housing,
27including multifamily rental housing, factory-built housing,
28mobilehomes, housing for agricultural employees, emergency
29shelters, and transitional housing. The city or county shall
30determine the number of housing units that can be accommodated
31on each site as follows:

32(1) If local law or regulations require the development of a site
33at a minimum density, the department shall accept the planning
34agency’s calculation of the total housing unit capacity on that site
35based on the established minimum density. If the city or county
36does not adopt a law or regulations requiring the development of
37a site at a minimum density, then it shall demonstrate how the
38number of units determined for that site pursuant to this subdivision
39will be accommodated.

P4    1(2) The number of units calculated pursuant to paragraph (1)
2shall be adjusted as necessary, based on the land use controls and
3site improvements requirement identified in paragraph (5) of
4subdivision (a) of Section 65583.

5(3) For the number of units calculated to accommodate its share
6of the regional housing need for lower income households pursuant
7to paragraph (2), a city or county shall do either of the following:

8(A) Provide an analysis demonstrating how the adopted densities
9accommodate this need. The analysis shall include, but is not
10limited to, factors such as market demand, financial feasibility, or
11information based on development project experience within a
12zone or zones that provide housing for lower income households.

13(B) The following densities shall be deemed appropriate to
14accommodate housing for lower income households:

15(i) For an incorporated city within a nonmetropolitan county
16and for a nonmetropolitan county that has a micropolitan area:
17sites allowing at least 15 units per acre.

18(ii) For an unincorporated area in a nonmetropolitan county not
19included in clause (i): sites allowing at least 10 units per acre.

20(iii) For a suburban jurisdiction: sites allowing at least 20 units
21per acre.

22(iv) For a jurisdiction in a metropolitan county: sites allowing
23at least 30 units per acre.

24(d) For purposes of this section, a metropolitan county,
25nonmetropolitan county, and nonmetropolitan county with a
26micropolitan area shall be as determined by the United States
27Census Bureau. A nonmetropolitan county with a micropolitan
28area includes the following counties: Del Norte, Humboldt, Lake,
29Mendocino, Nevada, Tehama, and Tuolumne and other counties
30as may be determined by the United States Census Bureau to be
31nonmetropolitan counties with micropolitan areas in the future.

32(e) (1) Except as provided in paragraph (2), a jurisdiction shall
33be considered suburban if the jurisdiction does not meet the
34requirements of clauses (i) and (ii) of subparagraph (B) of
35paragraph (3) of subdivision (c) and is located in a Metropolitan
36Statistical Area (MSA) of less than 2,000,000 in population, unless
37that jurisdiction’s population is greater than 100,000, in which
38case it shall be considered metropolitan. A county, not including
39the City and County of San Francisco, shall be considered suburban
40unless the county is inbegin delete aend deletebegin insert anend insert MSA of 2,000,000 or greater in
P5    1population in which case the county shall be considered
2metropolitan.

3(2) (A) Notwithstanding paragraph (2), if a county that is in
4the San Francisco-Oakland-Fremontbegin delete,end delete California MSA has a
5population of less than 400,000, that county shall be considered
6suburban. If this county includes an incorporated city that has a
7population of less than 100,000, this city shall also be considered
8suburban. This paragraph shall apply to a housing element revision
9cycle, as described in subparagraph (A) of paragraph (3) of
10subdivision (e) of Section 65588, that is in effect from July 1,
112014, to December 31, 2023, inclusive.

12(B) A jurisdiction that is classified as suburban pursuant to this
13paragraph shall report tobegin insert theend insert Assembly Committee on Housing
14and Community Development, the Senate Committee on
15Transportation and Housing, and the Department of Housing and
16Community Development regarding its progress in developing
17low- and very low-income housing consistent with the requirements
18of Section 65400. The report shall be provided twice, once, on or
19before December 31, 2019, which report shall address the initial
20four years of the housing element cycle, and a second time, on or
21before December 31, 2023, which report shall address the
22subsequent four years of the housing element cycle and the cycle
23as a whole. The reports shall be provided consistent with the
24requirements of Section 9795.

25(f) A jurisdiction shall be considered metropolitan if the
26jurisdiction does not meet the requirements for “suburban area”
27above and is located inbegin delete aend deletebegin insert anend insert MSA of 2,000,000 or greater in
28population, unless that jurisdiction’s population is less than 25,000
29in which case it shall be considered suburban.

30(g) For sites described in paragraph (3) of subdivision (b), the
31city or county shall specify the additional development potential
32for each site within the planning period and shall provide an
33explanation of the methodology used to determine the development
34potential. The methodology shall consider factors including the
35extent to which existing uses may constitute an impediment to
36additional residential development, development trends, market
37conditions, and regulatory or other incentives or standards to
38encourage additional residential development on these sites.

39(h) The program required by subparagraph (A) of paragraph (1)
40of subdivision (c) of Section 65583 shall accommodate 100 percent
P6    1of the need for housing for very low and low-income households
2allocated pursuant to Section 65584 for which site capacity has
3not been identified in the inventory of sites pursuant to paragraph
4(3) of subdivision (a) on sites that shall be zoned to permit
5owner-occupied and rental multifamily residential use by right
6during the planning period. These sites shall be zoned with
7minimum density and development standards that permit at least
816 units per site at a density of at least 16 units per acre in
9jurisdictions described in clause (i) of subparagraph (B) of
10paragraph (3) of subdivision (c) and at least 20 units per acre in
11jurisdictions described in clauses (iii) and (iv) of subparagraph (B)
12of paragraph (3) of subdivision (c). At least 50 percent of the very
13low and low-income housing need shall be accommodated on sites
14designated for residential use and for which nonresidential uses
15or mixed-uses are not permitted.

16(i) For purposes of this section and Section 65583, the phrase
17“use by right” shall mean that the local government’s review of
18the owner-occupied or multifamily residential use may not require
19a conditional use permit, planned unit development permit, or other
20discretionary local government review or approval that would
21constitute a “project” for purposes of Division 13 (commencing
22with Section 21000) of the Public Resources Code. Any subdivision
23of the sites shall be subject to all laws, including, but not limited
24to, the local government ordinance implementing the Subdivision
25Map Act. A local ordinance may provide that “use by right” does
26not exempt the use from design review. However, that design
27review shall not constitute a “project” for purposes of Division 13
28(commencing with Section 21000) of the Public Resources Code.
29Use by right for all rental multifamily residential housing shall be
30provided in accordance with subdivision (f) of Section 65589.5.

begin insert

31(j) Notwithstanding any other provision of this section, within
32one-half mile of a Sonoma-Marin Area Rail Transit station, housing
33density requirements in place on June 30, 2013, shall apply.

end insert
begin insert

34(k) A county subject to this section shall utilize the sum existing
35in the county’s housing trust fund as of June 30, 2013, for the
36development and preservation of housing affordable to low- and
37very low income households.

end insert
begin delete

38(j)

end delete

39begin insert(l)end insert This section shall remain in effect only until December 31,
402023, and as of that date is repealed, unless a later enacted statute,
P7    1that is enacted before December 31, 2023, deletes or extends that
2date.

3

SEC. 2.  

Section 65583.2 is added to the Government Code, to
4read:

5

65583.2.  

(a) City’s or county’s inventory of land suitable for
6residential development pursuant to paragraph (3) of subdivision
7(a) of Section 65583 shall be used to identify sites that can be
8developed for housing within the planning period and that are
9sufficient to provide for the jurisdiction’s share of the regional
10housing need for all income levels pursuant to Section 65584. As
11used in this section, “land suitable for residential development”
12includes all of the following:

13(1) Vacant sites zoned for residential use.

14(2) Vacant sites zoned for nonresidential use that allows
15residential development.

16(3) Residentially zoned sites that are capable of being developed
17at a higher density.

18(4) Sites zoned for nonresidential use that can be redeveloped
19for, andbegin insert,end insert as necessary, rezoned for, residential use.

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

21(1) A listing of properties by parcel number or other unique
22reference.

23(2) The size of each property listed pursuant to paragraph (1),
24and the general plan designation and zoning of each property.

25(3) For nonvacant sites, a description of the existing use of each
26property.

27(4) A general description of any environmental constraints to
28the development of housing within the jurisdiction, the
29documentation for which has been made available to the
30jurisdiction. This information need not be identified on a
31site-specific basis.

32(5) A general description of existing or planned water, sewer,
33and other dry utilities supply, including the availability and access
34to distribution facilities. This information need not be identified
35on a site-specific basis.

36(6) Sites identified as available for housing for above
37moderate-income households in areas not served by public sewer
38systems. This information need not be identified on a site-specific
39basis.

P8    1(7) A map that shows the location of the sites included in the
2inventory, such as the land use map from the jurisdiction’s general
3plan for reference purposes only.

4(c) Based on the information provided in subdivision (b), a city
5or county shall determine whether each site in the inventory can
6accommodate some portion of its share of the regional housing
7need by income level during the planning period, as determined
8pursuant to Section 65584. The analysis shall determine whether
9the inventory can provide for a variety of types of housing,
10including multifamily rental housing, factory-built housing,
11mobilehomes, housing for agricultural employees, emergency
12shelters, and transitional housing. The city or county shall
13determine the number of housing units that can be accommodated
14on each site as follows:

15(1) If local law or regulations require the development of a site
16at a minimum density, the department shall accept the planning
17agency’s calculation of the total housing unit capacity on that site
18based on the established minimum density. If the city or county
19does not adopt a law or regulations requiring the development of
20a site at a minimum density, then it shall demonstrate how the
21 number of units determined for that site pursuant to this subdivision
22will be accommodated.

23(2) The number of units calculated pursuant to paragraph (1)
24shall be adjusted as necessary, based on the land use controls and
25site improvements requirement identified in paragraph (5) of
26subdivision (a) of Section 65583.

27(3) For the number of units calculated to accommodate its share
28of the regional housing need for lower income households pursuant
29to paragraph (2), a city or county shall do either of the following:

30(A) Provide an analysis demonstrating how the adopted densities
31accommodate this need. The analysis shall include, but is not
32limited to, factors such as market demand, financial feasibility, or
33information based on development project experience within a
34zone or zones that provide housing for lower income households.

35(B) The following densities shall be deemed appropriate to
36accommodate housing for lower income households:

37(i) For an incorporated city within a nonmetropolitan county
38and for a nonmetropolitan county that has a micropolitan area:
39sites allowing at least 15 units per acre.

P9    1(ii) For an unincorporated area in a nonmetropolitan county not
2included in clause (i): sites allowing at least 10 units per acre.

3(iii) For a suburban jurisdiction: sites allowing at least 20 units
4per acre.

5(iv) For a jurisdiction in a metropolitan county: sites allowing
6at least 30 units per acre.

7(d) For purposes of this section, a metropolitan county,
8nonmetropolitan county, and nonmetropolitan county with a
9micropolitan area shall be as determined by the United States
10Census Bureau. A nonmetropolitan county with a micropolitan
11area includes the following counties: Del Norte, Humboldt, Lake,
12Mendocino, Nevada, Tehama, and Tuolumne and other counties
13as may be determined by the United States Census Bureau to be
14nonmetropolitan counties with micropolitan areas in the future.

15(e) A jurisdiction shall be considered suburban if the jurisdiction
16does not meet the requirements of clauses (i) and (ii) of
17subparagraph (B) of paragraph (3) of subdivision (c) and is located
18in a Metropolitan Statistical Area (MSA) of less than 2,000,000
19in population, unless that jurisdiction’s population is greater than
20100,000, in which case it shall be considered metropolitan. A
21county, not including the City and County of San Francisco, shall
22be considered suburban unless the county is inbegin delete aend deletebegin insert anend insert MSA of
232,000,000 or greater in population in which case the county shall
24be considered metropolitan.

25(f) A jurisdiction shall be considered metropolitan if the
26jurisdiction does not meet the requirements for “suburban area”
27above and is located inbegin delete aend deletebegin insert anend insert MSA of 2,000,000 or greater in
28population, unless that jurisdiction’s population is less than 25,000
29in which case it shall be considered suburban.

30(g) For sites described in paragraph (3) of subdivision (b), the
31city or county shall specify the additional development potential
32for each site within the planning period and shall provide an
33explanation of the methodology used to determine the development
34potential. The methodology shall consider factors including the
35extent to which existing uses may constitute an impediment to
36additional residential development, development trends, market
37conditions, and regulatory or other incentives or standards to
38encourage additional residential development on these sites.

39(h) The program required by subparagraph (A) of paragraph (1)
40of subdivision (c) of Section 65583 shall accommodate 100 percent
P10   1of the need for housing for very low and low-income households
2allocated pursuant to Section 65584 for which site capacity has
3not been identified in the inventory of sites pursuant to paragraph
4(3) of subdivision (a) on sites that shall be zoned to permit
5owner-occupied and rental multifamily residential use by right
6during the planning period. These sites shall be zoned with
7minimum density and development standards that permit at least
816 units per site at a density of at least 16 units per acre in
9jurisdictions described in clause (i) of subparagraph (B) of
10paragraph (3) of subdivision (c) and at least 20 units per acre in
11jurisdictions described in clauses (iii) and (iv) of subparagraph (B)
12of paragraph (3) of subdivision (c). At least 50 percent of the very
13low and low-income housing need shall be accommodated on sites
14designated for residential use and for which nonresidential uses
15or mixed-uses are not permitted.

16(i) For purposes of this section and Section 65583, the phrase
17“use by right” shall mean that the local government’s review of
18the owner-occupied or multifamily residential use may not require
19a conditional use permit, planned unit development permit, or other
20discretionary local government review or approval that would
21constitute a “project” for purposes of Division 13 (commencing
22with Section 21000) of the Public Resources Code. Any subdivision
23of the sites shall be subject to all laws, including, but not limited
24to, the local government ordinance implementing the Subdivision
25Map Act. A local ordinance may provide that “use by right” does
26not exempt the use from design review. However, that design
27review shall not constitute a “project” for purposes of Division 13
28(commencing with Section 21000) of the Public Resources Code.
29Use by right for all rental multifamily residential housing shall be
30provided in accordance with subdivision (f) of Section 65589.5.

begin insert

31(j) This section shall become operative on December 31, 2023.

end insert
32begin insert

begin insertSEC. 3.end insert  

end insert
begin insert

The Legislature finds and declares that a special law
33is necessary and that a general law cannot be made applicable
34within the meaning of Section 16 of Article IV of the California
35Constitution because of the special circumstances of certain areas
36of the state relating to regional housing needs.

end insert


O

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