AB 2208, as amended, Santiago. Local planning: housing element: inventory of land for residential development.
Existing law, the Planning and Zoning Law, requires a city or county to adopt a comprehensive, long-term general plan for the physical development of the city or the county and of any land outside its boundaries that bears relation to its planning. That law requires the general plan to contain specified mandatory elements, including a housing element. Existing law requires the housing element to contain an inventory of land suitable for residential development, as defined, and requires that inventory to 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.
This bill would revise the definition of land suitable for residential development to includebegin insert the airspaceend insert above sites owned or leased by a city, county, or city and county. By imposing new duties upon local agencies with respect to the housing element of the general plan, this bill would impose a state-mandated local program.
This bill would also require, until December 31, 2023, the department to provide guidance to local governments to properly survey, detail, and account for sites listed pursuant to a requirement that the city or county consider the above-described guidelines for the preparation of housing elements. The bill would require the department to provide this guidance for purposes of the requirement that a city’s or county’s inventory of land suitable for residential development be used to identify sites that can be developed and provide for the jurisdiction’s share of the regional housing need for all income levels, as specified.
end deleteExisting law authorizes the Department of Housing and Community Development to adopt and, from time to time, revise guidelines for the preparation of housing elements and a document that meets specified requirements.
end deleteThis bill would require the department to adopt and revise, as necessary, these guidelines.
end deleteThe California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 65583.2 of the Government Code, as
2amended by Section 232 of Chapter 303 of the Statutes of 2015,
3is amended to read:
(a) A city’s or county’s inventory of land suitable
5for residential development pursuant to paragraph (3) of
6subdivision (a) of Section 65583 shall be used to identify sites that
7can be developed for housing within the planning period and that
8are sufficient to provide for the jurisdiction’s share of the regional
9housing need for all income levels pursuant to Section 65584. As
P3 1used in this section, “land suitable for residential development”
2includes all of the following:
3(1) Vacant sites zoned for residential use.
4(2) Vacant sites zoned for nonresidential use that allows
5residential development.
6(3) Residentially zoned sites that are capable of being developed
7at a higher density, includingbegin insert the airspaceend insert above sites owned or
8leased by a city, county, or city and county.
9(4) Sites zoned for nonresidential use that can be redeveloped
10for, and as necessary, rezoned for, residential use, including above
11sites owned or leased by a city, county, or city and county.
12(b) The inventory of land shall include all of the following:
13(1) A listing of properties by parcel number or other unique
14reference.
15(2) The size of
each property listed pursuant to paragraph (1),
16and the general plan designation and zoning of each property.
17(3) For nonvacant sites, a description of the existing use of each
18property.
19(4) A general description of any environmental constraints to
20the development of housing within the jurisdiction, the
21documentation for which has been made available to the
22jurisdiction. This information need not be identified on a
23site-specific basis.
24(5) A general description of existing or planned water, sewer,
25and other dry utilities supply, including the availability and access
26to distribution facilities. This information need not be identified
27on a site-specific basis.
28(6) Sites
identified as available for housing for above
29moderate-income households in areas not served by public sewer
30systems. This information need not be identified on a site-specific
31
basis.
32(7) A map that shows the location of the sites included in the
33inventory, such as the land use map from the jurisdiction’s general
34plan, for reference purposes only.
35(c) Based on the information provided in subdivision (b), a city
36or county shall determine whether each site in the inventory can
37accommodate some portion of its share of the regional housing
38need by income level during the planning period, as determined
39pursuant to Section 65584. The analysis shall determine whether
40the inventory can provide for a variety of types of housing,
P4 1including multifamily rental housing, factory-built housing,
2mobilehomes, housing for agricultural employees, emergency
3shelters, and transitional housing. The city or county shall
4determine the number of housing
units that can be accommodated
5on each site as follows:
6(1) If local law or regulations require the development of a site
7at a minimum density, the department shall accept the planning
8agency’s calculation of the total housing unit capacity on that site
9based on the established minimum density. If the city or county
10does not adopt a law or regulations requiring the development of
11a site at a minimum density, then it shall demonstrate how the
12number of units determined for that site pursuant to this subdivision
13will be accommodated.
14(2) The number of units calculated pursuant to paragraph (1)
15shall be adjusted as necessary, based on the land use controls and
16site improvements requirement identified in paragraph (5) of
17subdivision (a) of Section 65583.
18(3) For the number of units calculated to accommodate its share
19of the regional housing need for lower income households pursuant
20to paragraph (2), a city or county shall do either of the following:
21(A) Provide an analysis demonstrating how the adopted densities
22accommodate this need. The analysis shall include, but is not
23limited to, factors such as market demand, financial feasibility, or
24information based on development project experience within a
25zone or zones that provide housing for lower income households.
26(B) The following densities shall be deemed appropriate to
27accommodate housing for lower income households:
28(i) For an incorporated city within a
nonmetropolitan county
29and for a nonmetropolitan county that has a micropolitan area:
30sites allowing at least 15 units per acre.
31(ii) For an unincorporated area in a nonmetropolitan county not
32included in clause (i): sites allowing at least 10 units per acre.
33(iii) For a suburban jurisdiction: sites allowing at least 20 units
34per acre.
35(iv) For a jurisdiction in a metropolitan county: sites allowing
36at least 30 units per acre.
37(d) For purposes of this section, a metropolitan county,
38nonmetropolitan county, and nonmetropolitan county with a
39micropolitan area shall be as determined by the United States
40Census Bureau. A nonmetropolitan county with a micropolitan
P5 1
area includes the following counties: Del Norte, Humboldt, Lake,
2Mendocino, Nevada, Tehama, and Tuolumne and other counties
3as may be determined by the United States Census Bureau to be
4nonmetropolitan counties with micropolitan areas in the future.
5(e) (1) Except as provided in paragraph (2), a jurisdiction shall
6be considered suburban if the jurisdiction does not meet the
7requirements of clauses (i) and (ii) of subparagraph (B) of
8paragraph (3) of subdivision (c) and is located in a Metropolitan
9Statistical Area (MSA) of less than 2,000,000 in population, unless
10that jurisdiction’s population is greater than 100,000, in which
11case it shall be considered metropolitan. A county, not including
12the City and County of San Francisco, shall be considered suburban
13unless the county is in an MSA of 2,000,000 or greater in
14population
in which case the county shall be considered
15metropolitan.
16(2) (A) (i) Notwithstanding paragraph (1), if a county that is
17in the San Francisco-Oakland-Fremont California MSA has a
18population of less than 400,000, that county shall be considered
19suburban. If this county includes an incorporated city that has a
20population of less than 100,000, this city shall also be considered
21suburban. This paragraph shall apply to a housing element revision
22cycle, as described in subparagraph (A) of paragraph (3) of
23subdivision (e) of Section 65588, that is in effect from July 1,
242014, to December 31, 2023, inclusive.
25(ii) A county subject to this subparagraph shall utilize the sum
26existing in the county’s housing trust fund as of June 30, 2013, for
27the
development and preservation of housing affordable to low- and
28very low income households.
29(B) A jurisdiction that is classified as suburban pursuant to this
30paragraph shall report to the Assembly Committee on Housing
31and Community Development, the Senate Committee on
32Transportation and Housing, and the Department of Housing and
33Community Development regarding its progress in developing
34low- and very low income housing consistent with the requirements
35of Section 65400. The report shall be provided twice: once, on or
36before December 31, 2019, which report shall address the initial
37four years of the housing element cycle, and a second time, on or
38before December 31, 2023, which report shall address the
39subsequent four years of the housing element cycle and the cycle
P6 1as a whole. The reports shall be provided consistent with the
2requirements
of Section 9795.
3(f) A jurisdiction shall be considered metropolitan if the
4jurisdiction does not meet the requirements for “suburban area”
5above and is located in an MSA of 2,000,000 or greater in
6population, unless that jurisdiction’s population is less than 25,000
7in which case it shall be considered suburban.
8(g) For sites described in paragraph (3) of subdivision (b), the
9city or county shall specify the additional development potential
10for each site within the planning period and shall provide an
11explanation of the methodology used to determine the development
12potential. The methodology shall consider factors including the
13extent to which existing uses may constitute an impediment to
14additional residential development, development trends, market
15conditions, and regulatory or
other incentives or standards to
16encourage additional residential development on these sites.
17(h) The program required by subparagraph (A) of paragraph (1)
18of subdivision (c) of Section 65583 shall accommodate 100 percent
19of the need for housing for very low and low-income households
20allocated pursuant to Section 65584 for which site capacity has
21not been identified in the inventory of sites pursuant to paragraph
22(3) of subdivision (a) on sites that shall be zoned to permit
23owner-occupied and rental multifamily residential use by right
24during the planning period. These sites shall be zoned with
25minimum density and development standards that permit at least
2616 units per site at a density of at least 16 units per acre in
27jurisdictions described in clause (i) of subparagraph (B) of
28paragraph (3) of subdivision (c) and at least 20 units per acre
in
29jurisdictions described in clauses (iii) and (iv) of subparagraph (B)
30of paragraph (3) of subdivision (c). At least 50 percent of the very
31low and low-income housing need shall be accommodated on sites
32designated for residential use and for which nonresidential uses
33or mixed-uses are not permitted, except that a city or county may
34accommodate all of the very low and low-income housing need
35on sites designated for mixed uses if those sites allow 100 percent
36residential use and require that residential use occupy 50 percent
37of the total floor area of a mixed-use project.
38(i) For purposes of this section and Section 65583, the phrase
39“use by right” shall mean that the local government’s review of
40the owner-occupied or multifamily residential use may not require
P7 1a conditional use permit, planned unit development permit, or other
2discretionary
local government review or approval that would
3constitute a “project” for purposes of Division 13 (commencing
4with Section 21000) of the Public Resources Code. Any subdivision
5of the sites shall be subject to all laws, including, but not limited
6to, the local government ordinance implementing the Subdivision
7Map Act. A local ordinance may provide that “use by right” does
8not exempt the use from design review. However, that design
9review shall not constitute a “project” for purposes of Division 13
10(commencing with Section 21000) of the Public Resources Code.
11Use by right for all rental multifamily residential housing shall be
12provided in accordance with subdivision (f) of Section 65589.5.
13(j) Notwithstanding any other provision of this section, within
14one-half mile of a Sonoma-Marin Area Rail Transit station, housing
15density requirements in
place on June 30, 2014, shall apply.
16(k) For purposes of subdivisions (a) and (b), the department
17shall provide guidance to local governments to properly survey,
18detail, and account for sites listed pursuant to Section 65585.
17 19(l) This section shall remain in effect only until December 31,
202023, and as of that date is repealed, unless a later enacted statute,
21that is enacted before December 31, 2023, deletes or extends that
22date.
Section 65583.2 of the Government Code, as added
24by Section 2.5 of Chapter 875 of the Statutes of 2014, is amended
25to read:
(a) A city’s or county’s inventory of land suitable
27for residential development pursuant to paragraph (3) of
28subdivision (a) of Section 65583 shall be used to identify sites that
29can be developed for housing within the planning period and that
30are sufficient to provide for the jurisdiction’s share of the regional
31housing need for all income levels pursuant to Section 65584. As
32used in this section, “land suitable for residential development”
33includes all of the following:
34(1) Vacant sites zoned for residential use.
35(2) Vacant sites zoned for nonresidential use that allows
36residential development.
37(3) Residentially zoned sites that are capable of being developed
38at a higher density, includingbegin insert the airspaceend insert above sites owned or
39leased by a city, county, or city and county.
P8 1(4) Sites zoned for nonresidential use that can be redeveloped
2for, and, as necessary, rezoned for, residential use, including above
3sites owned or leased by a city, county, or city and county.
4(b) The inventory of land shall include all of the following:
5(1) A listing of properties by parcel number or other unique
6reference.
7(2) The size of each property listed pursuant to paragraph (1),
8and the general plan designation and zoning of each property.
9(3) For nonvacant sites, a description of the existing use of each
10property.
11(4) A general description of any environmental constraints to
12the development of housing within the jurisdiction, the
13documentation for which has been made available to the
14jurisdiction. This information need not be identified on a
15site-specific basis.
16(5) A general description of existing or planned water, sewer,
17and other dry utilities supply, including the availability and access
18to distribution facilities. This information need not be identified
19on a site-specific basis.
20(6) Sites identified as available for housing for above
21moderate-income households in areas not served by public sewer
22systems. This information need not be identified on a site-specific
23basis.
24(7) A map that shows the location of the sites included in the
25inventory, such as the land use map from the jurisdiction’s general
26plan for reference purposes only.
27(c) Based on the information provided in subdivision (b), a city
28or county shall determine whether each site in the inventory can
29accommodate some portion of its share of the regional housing
30need by income level during the planning period, as determined
31pursuant to Section 65584. The analysis shall determine whether
32the inventory can provide for a variety of types
of housing,
33including multifamily rental housing, factory-built housing,
34mobilehomes, housing for agricultural employees, emergency
35shelters, and transitional housing. The city or county shall
36determine the number of housing units that can be accommodated
37on each site as follows:
38(1) If local law or regulations require the development of a site
39at a minimum density, the department shall accept the planning
40agency’s calculation of the total housing unit capacity on that site
P9 1based on the established minimum density. If the city or county
2does not adopt a law or regulations requiring the development of
3a site at a minimum density, then it shall demonstrate how the
4number of units determined for that site pursuant to this subdivision
5will be accommodated.
6(2) The number
of units calculated pursuant to paragraph (1)
7shall be adjusted as necessary, based on the land use controls and
8site improvements requirement identified in paragraph (5) of
9subdivision (a) of Section 65583.
10(3) For the number of units calculated to accommodate its share
11of the regional housing need for lower income households pursuant
12to paragraph (2), a city or county shall do either of the following:
13(A) Provide an analysis demonstrating how the adopted densities
14accommodate this need. The analysis shall include, but is not
15limited to, factors such as market demand, financial feasibility, or
16information based on development project experience within a
17zone or zones that provide housing for lower income households.
18(B) The
following densities shall be deemed appropriate to
19accommodate housing for lower income households:
20(i) For an incorporated city within a nonmetropolitan county
21and for a nonmetropolitan county that has a micropolitan area:
22sites allowing at least 15 units per acre.
23(ii) For an unincorporated area in a nonmetropolitan county not
24included in clause (i): sites allowing at least 10 units per acre.
25(iii) For a suburban jurisdiction: sites allowing at least 20 units
26per acre.
27(iv) For a jurisdiction in a metropolitan county: sites allowing
28at least 30 units per acre.
29(d) For purposes of this section, a
metropolitan county,
30nonmetropolitan county, and nonmetropolitan county with a
31micropolitan area shall be as determined by the United States
32Census Bureau. A nonmetropolitan county with a micropolitan
33area includes the following counties: Del Norte, Humboldt, Lake,
34Mendocino, Nevada, Tehama, and Tuolumne and other counties
35as may be determined by the United States Census Bureau to be
36nonmetropolitan counties with micropolitan areas in the future.
37(e) A jurisdiction shall be considered suburban if the jurisdiction
38does not meet the requirements of clauses (i) and (ii) of
39subparagraph (B) of paragraph (3) of subdivision (c) and is located
40in a Metropolitan Statistical Area (MSA) of less than 2,000,000
P10 1in population, unless that jurisdiction’s population is greater than
2100,000, in which case it shall be considered metropolitan. A
3county,
not including the City and County of San Francisco, shall
4be considered suburban unless the county is in an MSA of
52,000,000 or greater in population in which case the county shall
6be considered metropolitan.
7(f) A jurisdiction shall be considered metropolitan if the
8jurisdiction does not meet the requirements for “suburban area”
9above and is located in an MSA of 2,000,000 or greater in
10population, unless that jurisdiction’s population is less than 25,000
11in which case it shall be considered suburban.
12(g) For sites described in paragraph (3) of subdivision (b), the
13city or county shall specify the additional development potential
14for each site within the planning period and shall provide an
15explanation of the methodology used to determine the development
16potential. The
methodology shall consider factors including the
17extent to which existing uses may constitute an impediment to
18additional residential development, development trends, market
19conditions, and regulatory or other incentives or standards to
20encourage additional residential development on these sites.
21(h) The program required by subparagraph (A) of paragraph (1)
22of subdivision (c) of Section 65583 shall accommodate 100 percent
23of the need for housing for very low and low-income households
24allocated pursuant to Section 65584 for which site capacity has
25not been identified in the inventory of sites pursuant to paragraph
26(3) of subdivision (a) on sites that shall be zoned to permit
27owner-occupied and rental multifamily residential use by right
28during the planning period. These sites shall be zoned with
29minimum density and development standards that
permit at least
3016 units per site at a density of at least 16 units per acre in
31jurisdictions described in clause (i) of subparagraph (B) of
32paragraph (3) of subdivision (c) and at least 20 units per acre in
33jurisdictions described in clauses (iii) and (iv) of subparagraph (B)
34of paragraph (3) of subdivision (c). At least 50 percent of the very
35low and low-income housing need shall be accommodated on sites
36designated for residential use and for which nonresidential uses
37or mixed-uses are not permitted, except that a city or county may
38accommodate all of the very low and low-income housing need
39on sites designated for mixed uses if those sites allow 100 percent
P11 1residential use and require that residential use occupy 50 percent
2of the total floor area of a mixed-use project.
3(i) For purposes of this section and Section 65583, the phrase
4“use
by right” shall mean that the local government’s review of
5the owner-occupied or multifamily residential use may not require
6a conditional use permit, planned unit development permit, or other
7discretionary local government review or approval that would
8constitute a “project” for purposes of Division 13 (commencing
9with Section 21000) of the Public Resources Code. Any subdivision
10of the sites shall be subject to all laws, including, but not limited
11to, the local government ordinance implementing the Subdivision
12Map Act. A local ordinance may provide that “use by right” does
13not exempt the use from design review. However, that design
14review shall not constitute a “project” for purposes of Division 13
15(commencing with Section 21000) of the Public Resources Code.
16Use by right for all rental multifamily residential housing shall be
17provided in accordance with subdivision (f) of Section 65589.5.
18
(j) For purposes of subdivisions (a) and (b), the department
19shall provide guidance to local governments to properly survey,
20detail, and account for sites listed pursuant to Section 65585.
18 21(k) This section shall become operative on December 31, 2023.
Section 50459 of the Health and Safety Code is
23amended to read:
(a) The department shall adopt, and revise, as
25necessary, guidelines for any of the following:
26(1) The preparation of housing elements required by Section
2765302 and Article 10.6 (commencing with Section 65580) of
28Chapter 3 of Division 1 of Title 7 of the Government Code.
29(2) The preparation of a document that meets both of the
30following sets of requirements:
31(A) Requirements for housing elements pursuant to Section
3265302 and Article 10.6 (commencing with Section 65580) of
33Chapter 3 of Division 1 of Title 7 of the Government
Code.
34(B) Requirements for the Consolidated Submissions for
35Community Planning and Development Programs required by Part
3691 of Title 24 of the Code of Federal Regulations.
37(b) The department shall review housing elements and
38amendments for substantial compliance with Article 10.6
39(commencing with Section 65580) of Chapter 3 of Division 1 of
P12 1Title 7 of the Government Code and report its findings pursuant
2to Section 65585 of the Government Code.
3(c) On or before April 1, 1995, and annually thereafter, the
4department shall report to the Legislature on the status of housing
5elements and the extent to which they comply with the
6requirements of Article 10.6 (commencing with Section 65580)
7of Chapter 3 of Division
1 of Title 7 of the Government Code. The
8department shall also make this report available to any other public
9agency, group, or person who requests a copy.
10(d) The department may, in connection with any loan or grant
11application submitted to the agency, require submission to the
12department for review of any housing element and any local
13housing assistance plan adopted pursuant to the Housing and
14Community Development Act of 1974 (Public Law 93-383).
No reimbursement is required by this act pursuant to
17Section 6 of Article XIII B of the California Constitution because
18a local agency or school district has the authority to levy service
19charges, fees, or assessments sufficient to pay for the program or
20level of service mandated by this act, within the meaning of Section
2117556 of the Government Code.
O
95