BILL ANALYSIS �
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Date of Hearing: May 2, 2012
ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT
Cameron Smyth, Chair
AB 2308 (Torres) - As Amended: March 29, 2012
SUBJECT : Land use: housing element: regional housing need.
SUMMARY : Allows a city or county to reduce its share of the
regional housing need by the number of units built between the
start of the projection period and the deadline for adoption of
the housing element, as specified. Specifically, this bill :
1)Allows a city or county to reduce its share of the regional
housing need by the number of units built between the start of
the projection period and the deadline for adoption of the
housing element.
2)Provides, if the city or county reduces its share, that the
city or county must include in the housing element a
description of the methodology for assigning those housing
units to an income category based on actual or projected sales
price, rent levels, or other mechanisms establishing
affordability.
EXISTING LAW :
1)Requires each city, county, or city and county to prepare and
adopt a general plan for its jurisdiction that contains
certain mandatory elements, including a housing element.
2)Provides that the housing element shall consist of an
identification and analysis of existing and projected housing
needs and a statement of goals, policies, quantified
objectives, financial resources, and scheduled programs for
the preservation, improvement, and development of housing.
3)Specifies that the Department of Housing and Community
Development (HCD) may allow a city or county to substitute the
provision of units for up to 25% of the community's obligation
to identify adequate sites for any income category in its
housing element, for units that meet specified substantial
rehabilitation, conversion or preservation requirements.
4)Provides that those rehabilitated units shall have long-term
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affordability covenants and restrictions that require the unit
to be available to, and occupied by, a person of low- or very
low-income at affordable housing costs for at least 20 years.
5)Defines "committed assistance" as legally enforceable
agreements entered into by the city or county that obligates
sufficient available funds to provide the assistance necessary
to make the identified units affordable and that requires that
the units be made available for occupancy within two years of
execution of the agreement.
FISCAL EFFECT : None
COMMENTS :
1)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) 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 often referred to as the
regional housing needs assessment (RHNA) number. The council
of government (COG) for the region, or HCD for areas with no
COG, then assigns a share of the RHNA to every city and county
in the region based on a variety of factors.
2)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 jurisdiction does not have enough
sites within its existing inventory of residentially zoned
land to accommodate its entire RHNA, then it must adopt a
program to rezone additional land within the first three years
of the planning period. This requirement ensures an adequate
supply of land for the construction of new housing.
3)Existing law includes a limited exception to the zoning
requirement by allowing jurisdictions to accommodate up to 25%
of their RHNA share by making certain existing housing units
affordable to low- and very low-income households for 20 to 55
years depending on the type of unit. Eligible units include
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units that are substantially rehabilitated, units in
multifamily complexes that are not currently affordable, and
units in an assisted housing development (such as public
housing) that are at risk of conversion to market rate or
another use. To count units within this 25% cap, the
jurisdiction must provide "committed assistance," meaning that
the city or county must enter into a legally enforceable
agreement that obligates sufficient funds to make the
identified units affordable for the required time period.
4)According to the author, this bill allows local governments to
subtract from their RHNA share the number of units constructed
between the start of the housing element projection period and
the housing element due date. The author notes that while
this is the long-standing policy at HCD, it is not explicitly
stated in current law.
5)Support arguments : The League of California Cities argues
that this bill will benefit local governments in knowing that
this long-standing policy isn't subjective and is something
that can be relied upon in future years.
Opposition arguments : None.
6)This bill is double-referred to the Committee on Housing and
Community Development.
REGISTERED SUPPORT / OPPOSITION :
Support Opposition
League of California Cities None on file
Analysis Prepared by : Debbie Michel / L. GOV. / (916)
319-3958