BILL ANALYSIS Ó
AB 2208
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Date of Hearing: April 13, 2016
ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT
David Chiu, Chair
AB 2208
(Santiago) - As Amended April 4, 2016
SUBJECT: Local planning: housing element: inventory of land
for residential development
SUMMARY: Adds to the list of the types of sites that a local
government can identify as suitable for residential development
in the housing element. Specifically, this bill:
1)Adds the following to the list of "land suitable for
residential development"
a) Buildings owned or under the control of a city or
county, zoned for residential use and capable of having
residential developments constructed above the existing
building;
b) Buildings owned or under the control of a city or a
county and zoned for nonresidential use that can be rezoned
for residential use and are capable of having residential
developments constructed above the building;
c) Underutilized sites zoned for residential use; and
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d) Underutilized sites zoned for nonresidential use that
allow residential development.
1)Defines "underutilized sites" to mean properties or portions
of a property that are used only at irregular periods or
intermittently by the accountable agency of the local
government or a property that is being used for the
accountable agency's current program purposes that can be
satisfied with only a portion of the property.
EXISTING LAW:
1)Requires every city and county to prepare and adopt a general
plan containing seven mandatory elements, including a housing
element.
2)Divides the RHNA into the following income categories:
a) Very low-income (50% or lower of area median income),
including extremely low-income (30% or lower of area median
income);
b) Low-income (80% or lower of area median income);
c) Moderate-income (between 80% and 120% of area median
income); and
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d) Above moderate-income (exceeding 120% area median
income).
1)Requires a jurisdiction's housing element to identify and
analyze existing and projected housing needs, identify
adequate sites with appropriate zoning to meet the housing
needs of all income segments of the community, and ensure that
regulatory systems provide opportunities for, and do not
unduly constrain, housing development.
2)Requires a local government to inventory land suitable for
residential development to identify sites that can be
developed to meet the jurisdiction's regional housing needs
for all income levels. Provides that "land suitable for
residential development" includes all of the following:
a) Vacant sites zoned for residential use;
b) Vacant sites zoned for nonresidential use that allows
residential development;
c) Residentially zoned sites that are capable of being
developed at higher density;
d) Sites zoned for nonresidential use that can be
redeveloped for and as necessary, rezoned for, residential
use.
FISCAL EFFECT: Unknown.
COMMENTS:
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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 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. If a community does not have enough sites within its
existing inventory of residentially zoned land to accommodate
its entire RHNA, then the community must adopt a program to
rezone land within the first three years of the planning period.
Cities and counties are required to demonstrate that sites are
adequate to accommodate housing for each income group based on
the zoning after taking into consideration individual site
factors such as property size, existing uses, environmental
constraints, and economic constraints. With respect to the
zoning, density can be used as a proxy for affordability.
Jurisdictions may establish the adequacy of a site for very low-
or low-income housing by showing that it is zoned at the
"default" density (also referred to as the Mullin density).
These densities range from 10 to 30 units per acre depending on
the type of jurisdiction. Jurisdictions may also include sites
zoned at lower densities by providing an analysis of how the
lower density can accommodate the need for affordable housing.
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This bill would add underutilized sites and public buildings
that are capable of having residential developments constructed
above the existing structure to the types of sites that can be
identified to accommodate the jurisdictions share of RHNA.
Purpose of this bill: According to the author, "In many urban,
dense areas, there is a distinct lack of land that can be used
for affordable housing. In fact, the City of Los Angeles is
about to hit its development limit. The city is now zoned to
house, at most, 4.2 million people. The current population is
3.9 million. There were 28,000 new housing starts in the Los
Angeles metro area last year (population 13 million), versus
64,000 in Houston (population 2 million). In California's
largest urban areas, and those where land costs are the highest,
it is particularly important that local governments and
developers both think outside the box on how to use land and
space more effectively. AB 2208 takes an important step in this
direction by requiring that local governments specifically
consider non-traditional spaces in their property surveys for
housing. AB 2208 requires local governments to include
underutilized land, and available air rights when surveying
property that may be applicable for use in affordable housing as
a part of their Housing Element."
Arguments in opposition : According to the American Planning
Association, California Chapter, "the requirement to assess the
potential addition of housing on top of existing public
facilities isn't viable. In order to add additional floors to an
existing operating public facility, the facility must be built
with the knowledge or potential for adding housing so that the
structure below the housing meets code requirements to carry the
weight and height of the added housing development."
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Staff Comments:
The purpose of requiring a local government to identify a land
suitable for residential development is to ensure that there are
enough sites that are available to meet the local jurisdictions
RHNA. The committee may wish to consider that the definition of
underutilized and public buildings on which housing can be built
above may not be adequately defined and could result in sites
not suitable for residential development being included in the
jurisdictions housing element.
Double referred : If AB 2208 passes this committee, the bill
will be referred to the Committee on Local Government.
REGISTERED SUPPORT / OPPOSITION:
Support
California Apartment Association
League of California Cities
AB 2208
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Opposition
American Planning Association, California Chapter
Analysis Prepared by:Lisa Engel / H. & C.D. / (916) 319-2085,
Lisa Engel / H. & C.D. / (961) 319-2085