BILL ANALYSIS Ó
AB 2208
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CONCURRENCE IN SENATE AMENDMENTS
AB
2208 (Santiago)
As Amended August 15, 2016
Majority vote
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|ASSEMBLY: |78-0 |(June 2, 2016) |SENATE: |38-0 |(August 18, |
| | | | | |2016) |
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Original Committee Reference: H. & C.D.
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) Provides, for residentially zoned sites that are capable
of being developed at a higher density, that this includes
the airspace above sites owned or leased by a city, county,
or city and county.
b) Provides, for sites zoned for nonresidential use that
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can be redeveloped for, and as necessary, rezoned for,
residential use, that this includes above sites owned or
leased by a city, county, or city and county.
2)States that the Department of Housing and Community
Development (HCD) shall provide guidance to local governments
to properly survey, detail, and account for sites listed in
the housing element.
3)States that no reimbursement is necessary because a local
agency has the authority to levy service charges, fees, or
assessment sufficient to pay for the program or level of
service mandated by this act.
The Senate amendments
1)Delete a provision that would have required, rather than
authorized, HCD to adopt and revise guidelines for the
preparation of housing elements.
2)Make technical, clarifying changes.
FISCAL EFFECT: According to the Senate Appropriations
Committee:
1)Minor and absorbable HCD costs to provide specified guidance.
(General Fund)
2)Unknown local costs by requiring cities and counties to
consider new types of sites that could be identified for
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.
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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 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.
This bill would add the airspace "above sites" of publicly owned
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or leased buildings to the types of sites that can be identified
to accommodate a jurisdiction's share of the RHNA, and requires
HCD to provide guidance to local governments to properly survey,
detail, and account for sites listed in the housing element.
Senate amendments delete a provision that would have required,
rather than authorized, HCD to adopt and revise guidelines for
the preparation of housing elements. It may be worthwhile to
consider whether cities should be able to count "above sites"
toward the RHNA, if constructing residential developments above
existing buildings is not truly feasible and would not result in
additional housing units being built on those sites.
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."
Analysis Prepared by:
Rebecca Rabovsky/ H. & C.D. / (961) 319-2085
FN: 0004324
AB 2208
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