BILL ANALYSIS                                                                                                                                                                                                    



                                                                    AB 1500


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          ASSEMBLY THIRD READING


          AB  
          1500 (Maienschein)


          As Amended  January 13, 2016


          Majority vote


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Housing         |7-0  |Chau, Steinorth,      |                    |
          |                |     |Burke, Chiu, Beth     |                    |
          |                |     |Gaines, Lopez, Mullin |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Natural         |9-0  |Williams, Dahle,      |                    |
          |Resources       |     |Bonta, Cristina       |                    |
          |                |     |Garcia, Hadley,       |                    |
          |                |     |Harper, McCarty, Mark |                    |
          |                |     |Stone, Wood           |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
           ------------------------------------------------------------------ 


          SUMMARY:  Provides that if a local government elects to identify  
          supportive or transitional housing developments in their housing  
          element the development is allowed as a permitted use without a  
          conditional use or other discretionary permit.  Specifically,  
          this bill:  








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          1)Provides that if a local government elects to identify  
            supportive or transitional housing developments in their  
            housing element the development is allowed as a permitted use  
            without a conditional use or other discretionary permit. 


          2)Requires if a local government elects to participate, zone or  
            zones in the housing element must be sufficient to accommodate  
            the need for supportive or transitional housing. 


          3)Provides that if a local government cannot identify a zone or  
            zones with sufficient capacity to accommodate supportive or  
            transitional housing than the local government must include a  
            program to rezone adequate sites within one year. 


          4)Allows a local government to identify additional zones where a  
            supportive housing or transitional housing is permitted with a  
            conditional use permit. 


          5)Requires a local government to demonstrate that existing or  
            proposed permit processing, development, and management  
            standards are objective and encourage and facilitate the  
            development of or conversion to supportive housing or  
            transitional housing.


          6)Provides that supportive or transitional housing may only be  
            subject to those development and management standards that  
            apply to residential or commercial development with in the  
            same zone except that a local government may apply written,  
            objective standards. 


          FISCAL EFFECT:  None 








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          COMMENTS:  Every local government is required to prepare a  
          housing element as part of its general plan.  The housing  
          element process starts when Department of Housing and Community  
          Development (HCD) determines the number of new housing units a  
          region is projected to need at all income levels (very low-,  
          low-, moderate-, and above moderate-income) over the course of  
          the next housing element planning period to accommodate  
          population growth and overcome existing deficiencies in the  
          housing supply.  This number is known as the regional housing  
          needs assessment (RHNA).  The Council of Governments (COG) for  
          the region, or HCD for areas with no COG, then assigns a share  
          of the RHNA number to every city and county in the region based  
          on a variety of factors.


          In preparing its housing element, a city or county must show how  
          it plans to accommodate its share of the RHNA.  The housing  
          element must include an inventory of sites already zoned for  
          housing.


          As part of the housing element, local governments must identify  
          sites for emergency shelters.  Among other things, the housing  
          element must identify zones where emergency shelters are allowed  
          as a permitted use without a conditional use permit or other  
          discretionary permit, meaning they are not subject to California  
          Environmental Quality Act (CEQA) review.  In addition, any  
          residential project is exempt from CEQA review if it is  
          consistent with an adopted specific plan for which an  
          environmental impact report has been prepared.  


          Housing element law requires local governments to treat  
          transitional and supportive housing projects as a residential  
          use of property and prohibits restrictions that are not  
          applicable to other residential dwellings of the same type.  The  
          intent of the law is that local governments treat supportive  








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          housing and transitional housing as they would any other  
          multifamily dwelling and not consider who will live in the  
          development when approving a project.  Local governments are not  
          required to have separate zones for supportive or transitional  
          housing because the intent is to treat those uses as all other  
          uses.  It appears that the intent of this bill is to assist in  
          the development of supportive and transitional housing by  
          applying the CEQA exemption that applies in current law to  
          emergency shelters to supportive and transitional housing.  This  
          bill allows a local government to apply additional written,  
          objective standards to a supportive housing development which  
          could inadvertently undermine the current prohibition on  
          treating supportive housing and transitional housing differently  
          than other residential uses. 




          Analysis Prepared by:                                             
                          Lisa Engel  / H. & C.D. / (916) 319-2085  FN:  
          0002564