BILL ANALYSIS Ó
AB 1537
Page 1
Date of Hearing: May 14, 2014
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 1537 (Levine) - As Amended: April 21, 2014
Policy Committee: Local
GovernmentVote:8 - 0
Housing and Community Development
7 - 0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill creates a pilot program for Marin County to utilize a
"suburban" default density standard for accommodating its share
of affordable housing. Specifically, this bill:
1)Specifies that, for purposes of determining a jurisdiction's
"default density" for accommodating affordable housing, if a
county that is in the San Francisco-Oakland-Fremont,
California Metropolitan Statistical Area (MSA) has a
population of less than 400,000, that county is considered
suburban. If this county includes an incorporated city that
has a population of less than 100,000, this city is also
considered suburban.
2)Provides this classification shall apply to a housing element
revision cycle that is in effect from July 1, 2014, to
December 31, 2023, inclusive.
3)Requires all jurisdictions affected by this legislation report
to the Assembly Committee on Housing and Community
Development, the Senate Committee on Transportation and
Housing, and the Department of Housing and Community
Development (HCD) regarding its progress in developing low-
and very low-income housing. The report must be provided on
or before December 31, 2019, and a second time, on or before
December 31, 2023. The report is comprised of information
that is already required as part of all local governments'
annual Housing Element Progress Report to HCD.
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FISCAL EFFECT
Minor, non-reimbursable costs to the affected local agencies to
produce the required reports and make the necessary
administrative adjustments.
COMMENTS
1)Purpose . According to the author, this bill seeks to
"designate Marin County as suburban for purposes of its
housing element default density in the next housing element
cycle. With a population of 250,000, a suburban designation
will be a more appropriate reflection of the existing
character of the county and will help focus the discussions
over affordable housing development to the most relevant
issues." This bill would affect the unincorporated area of
Marin County and the cities of Novato and San Rafael for the
next housing element cycle.
2)Marin County . Marin County is rural and suburban in nature
with an aggregate population of about 252,000. It is included
in the San Francisco MSA and is considered metropolitan with a
default density of 30 dwelling units per acre. Unlike cities
in suburban counties that are also considered suburban if
under 100,000 in population, cities in metropolitan counties
are only considered suburban if under 25,000 in population.
Marin County and its cities with a population greater than
25,000 have the same default density as downtown San
Francisco.
The nine incorporated cities with a population of less than
25,000 have a default density of 20 dwelling units per acre,
but the unincorporated county areas around these incorporated
cities are designated metropolitan with a default density of
30 dwelling units per acre.
3)Support . Marin County local officials and affordable housing
builders argue that this bill allows the affected suburban and
rural communities in Marin the flexibility to zone land
suitable for housing in a way that fits within the
communities' individual circumstances while still promoting
affordable development.
4)Opposition . Affordable housing advocates note that default
densities are not mandatory and local governments can either
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zone the site at the default density or provide HCD with an
analysis demonstrating that the site is adequate to support
lower-income housing development at its zoned density level.
Opponents also point out that default density standards were
instituted after a lengthy working group process involving a
diverse group of stakeholders. In opponents' view, the bill
is a result of local opposition to affordable housing and will
make difficult or impossible to build housing for lower-income
families in need.
Analysis Prepared by : Jennifer Swenson / APPR. / (916)
319-2081