BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 2208 (Santiago) - Local planning: housing element:
inventory of land for residential development
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|Version: June 23, 2016 |Policy Vote: T. & H. 11 - 0 |
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|Urgency: No |Mandate: Yes |
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|Hearing Date: August 1, 2016 |Consultant: Mark McKenzie |
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This bill meets the criteria for referral to the Suspense File.
Bill
Summary: AB 2208 would allow cities and counties to consider
specified space above sites owned or leased by those
jurisdictions as land that is suitable for residential
development for purposes of housing element requirements. The
bill would also require, rather than authorize, the Department
of Housing and Community Development (HCD) to adopt and revise
guidelines for the preparation of housing elements.
Fiscal
Impact:
Ongoing HCD administrative costs of approximately $153,000
annually for staff time to update housing element guidelines
any time planning statutes are amended. (General Fund)
Unknown local costs by requiring cities and counties to
consider new types of sites that could be identified for
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residential development. These costs are not
state-reimbursable because local agencies have the authority
to levy fees and charges to offset costs associated with local
planning requirements.
Background: Existing law requires every city and county to prepare and
adopt a general plan containing seven mandatory elements,
including a housing element. HCD establishes the regional
housing needs allocation (RHNA) for each region, which is a
determination of the number of new housing units for all
specified income levels that will be necessary to accommodate
population growth and to overcome existing housing deficiencies
over the course of the next housing element cycle.
The housing element prepared by a city or county must
demonstrate how the jurisdiction plans to accommodate its share
of the RHNA. As part of the process, existing law requires
cities and counties to inventory land suitable for residential
development, which is used to identify sites that can be
developed for housing within the planning period that is
sufficient to meet the regional housing needs for all income
levels. "Land suitable for residential development" includes all
of the following:
Vacant sites zoned for residential use.
Vacant sites zoned for nonresidential use that allows
residential development.
Residentially zoned sites that are capable of being
developed at higher density.
Sites zoned for nonresidential use that can be
redeveloped and rezoned for residential use, as necessary.
Existing law authorizes HCD to adopt, and revise, as necessary,
guidelines for the preparation of housing elements, and for the
preparation of a document that meets the requirements of both
the housing element and specified documentation required under
federal regulations.
Proposed Law:
AB 2208 would, for purposes of the housing element, revise the
definition of "land suitable for residential development" to
include the following areas:
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The space above sites owned or leased by cities and counties
on residentially zoned sites that are capable of being
developed at a higher density.
The space above sites owned or leased by cities and counties
on sites zoned for nonresidential use that can be redeveloped
or rezoned for residential use, as necessary.
The bill would also require, rather than authorize, HCD to adopt
and revise guidelines for the preparation of housing elements,
as necessary. In addition, AB 2208 would require HCD to provide
guidance to cities and counties to properly survey, detail, and
account for sites for purposes of specifying land suitable for
residential development until December 31, 2023.
Staff
Comments: Some densely populated urban areas lack suitable land
to provide for expanded housing development that would
accommodate projected population growth across all income
levels. This bill would provide clarity that cities and
counties may also consider the space above sites owned or leased
by those jurisdictions for purposes of identifying other land
that may be suitable for residential development at a higher
density, where such development would be feasible.
HCD indicates that the provisions of AB 2208 requiring, rather
than authorizing, the department to adopt and revise housing
element guidelines, as necessary, would impose mandatory
staffing costs on the department of approximately $153,000
annually. The guidelines are currently up to date with existing
regulations and statutes, but HCD would be required to update
the guidelines to reflect the changes in this bill, and any
other statutory changes to housing element law that are enacted
this year or in the future.
Proposed Author
Amendments: The author intends to amend the bill to delete a
redundant provision that requires HCD to provide guidance to
local governments to properly survey, detail, and account for
sites for purposes of specifying land suitable for residential
development. Specifically, the author will amend the bill to
strike out lines 14-16 on page 7 of the bill.
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