AB 1537, as amended, Levine. General plan housing element: regional housing need.
The Planning and Zoning Law 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. That law requires the housing element to, among other things, include an inventory of land suitable for residential development and make adequate provision for the existing and projected needs of all economic segments of the community. That law prescribes the densities appropriate tobegin delete accomodateend deletebegin insert accommodateend insert housing for lower income households and varies those densities depending upon how an area is classified, whether as metropolitan, suburban, or in another category. A city, county, or city and
county is required to submit a draft housing element or draft amendment to its housing element to the Department of Housing and Community Development for a determination of whether the draft substantially complies with state law governing housing elements.
This bill would requirebegin insert, until December 31, 2023,end insert a countybegin delete in aend deletebegin insert that is in the San Francisco-Oakland-Fremont, Californiaend insert Metropolitan Statistical Areabegin delete of 2,000,000 or moreend delete and that has a population of less than 400,000 to be considered suburban for purposes of determining the densities appropriate tobegin delete accomodateend deletebegin insert
accommodateend insert housing for lower income households. The bill would, for that same purpose, also require a city that has a population of less than 100,000 and is incorporated within that county to be considered suburban.begin insert The bill would require a county or city so classified to make 2 reports, as specified, to the Legislature and the Department of Housing and Community Development.end insert
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 65583.2 of the Government Code is
2amended to read:
(a) A city’s or county’s inventory of land suitable
4for residential development pursuant to paragraph (3) of
5subdivision (a) of Section 65583 shall be used to identify sites that
6can be developed for housing within the planning period and that
7are sufficient to provide for the jurisdiction’s share of the regional
8housing need for all income levels pursuant to Section 65584. As
9used in this section, “land suitable for residential development”
10includes all of the following:
11(1) Vacant sites zoned for residential use.
12(2) Vacant sites zoned for nonresidential use that allows
13residential
development.
14(3) Residentially zoned sites that are capable of being developed
15at a higher density.
16(4) Sites zoned for nonresidential use that can be redeveloped
17for, and as necessary, rezoned for, residential use.
18(b) The inventory of land shall include all of the following:
19(1) A listing of properties by parcel number or other unique
20reference.
21(2) The size of each property listed pursuant to paragraph (1),
22and the general plan designation and zoning of each property.
23(3) For nonvacant sites, a description of the existing use of each
24property.
25(4) A general description of any environmental constraints to
26the development of housing within the jurisdiction, the
27documentation for which has been made available to the
P3 1jurisdiction. This information need not be identified on a
2site-specific basis.
3(5) A general description of existing or planned water, sewer,
4and other dry utilities supply, including the availability and access
5to distribution facilities. This information need not be identified
6on a site-specific basis.
7(6) Sites identified as available for housing for above
8moderate-income households in areas not served by public sewer
9systems. This information need not be identified on a site-specific
10basis.
11(7) A map that shows the location of the sites included in the
12inventory, such as the land use map from the jurisdiction’s general
13begin delete planend deletebegin insert plan,end insert for reference purposes only.
14(c) Based on the information provided in subdivision (b), a city
15or county shall determine whether each site in the inventory can
16accommodate some portion of its share of the regional housing
17need by income level during the planning period, as determined
18pursuant to Section 65584. The analysis shall determine whether
19the inventory can provide for a variety of types of housing,
20including multifamily rental housing, factory-built housing,
21mobilehomes, housing for agricultural employees, emergency
22shelters,
and transitional housing. The city or county shall
23determine the number of housing units that can be accommodated
24on each site as follows:
25(1) If local law or regulations require the development of a site
26at a minimum density, the department shall accept the planning
27agency’s calculation of the total housing unit capacity on that site
28based on the established minimum density. If the city or county
29does not adopt a law or regulations requiring the development of
30a site at a minimum density, then it shall demonstrate how the
31number of units determined for that site pursuant to this subdivision
32will be accommodated.
33(2) The number of units calculated pursuant to paragraph (1)
34shall be adjusted as necessary, based on the land use controls and
35site improvements requirement identified
in paragraph (5) of
36subdivision (a) of Section 65583.
37(3) For the number of units calculated to accommodate its share
38of the regional housing need for lower income households pursuant
39to paragraph (2), a city or county shall do either of the following:
P4 1(A) Provide an analysis demonstrating how the adopted densities
2accommodate this need. The analysis shall include, but is not
3limited to, factors such as market demand, financial feasibility, or
4 information based on development project experience within a
5zone or zones that provide housing for lower income households.
6(B) The following densities shall be deemed appropriate to
7accommodate housing for lower income households:
8(i) For an incorporated city within a nonmetropolitan county
9and for a nonmetropolitan county that has a micropolitan area:
10sites allowing at least 15 units per acre.
11(ii) For an unincorporated area in a nonmetropolitan county not
12included in clause (i): sites allowing at least 10 units per acre.
13(iii) For a suburbanbegin delete jurisdiction,end deletebegin insert jurisdiction:end insert sites allowing at
14least 20 units per acre.
15(iv) For a jurisdiction in a metropolitan county: sites allowing
16at least 30 units per acre.
17(d) For purposes of this section, a metropolitan county,
18nonmetropolitan county, and nonmetropolitan county with a
19micropolitan area shall be as determined by the United States
20Census Bureau. A nonmetropolitan county with a micropolitan
21area includes the following counties: Del Norte, Humboldt, Lake,
22Mendocino, Nevada, Tehama, and Tuolumne and other counties
23as may be determined by the United States Census Bureau to be
24nonmetropolitan counties with micropolitan areas in the future.
25(e) begin deleteA end deletebegin insert(1)end insertbegin insert end insertbegin insertExcept as provided in paragraph (2), a end insertjurisdiction
26shall be considered suburban if the jurisdiction does not meet the
27requirements of clauses (i)
and (ii) of subparagraph (B) of
28paragraph (3) of subdivision (c) and is located in a Metropolitan
29Statistical Area (MSA) of less than 2,000,000 in population, unless
30that jurisdiction’s population is greater than 100,000, in which
31case it shall be considered metropolitan. A county, not including
32the City and County of San Francisco, shall be considered suburban
33unless the county is in a MSA of 2,000,000 or greater in population
34in which case the county shall be considered metropolitan.begin delete Aend delete
35begin insert(2)end insertbegin insert end insertbegin insert(A)end insertbegin insert end insertbegin insertNotwithstanding paragraph (2), if aend insert county that is
36begin delete included in a MSA of 2,000,000 or greater in population, andend deletebegin insert
in
37the San Francisco-Oakland-Fremont, California MSAend insert has a
38population of less thanbegin delete 400,000end deletebegin insert
400,000, that countyend insert shall be
39considered suburban.begin delete Whenend deletebegin insert Ifend insert this county includes an incorporated
40city that has a population of less than 100,000, this city shall also
P5 1be considered suburban.begin insert This paragraph shall apply to a housing
2element revision cycle, as described in subparagraph (A) of
3paragraph (3) of subdivision (e) of Section 65588, that is in effect
4from July 1, 2014, to December 31, 2023, inclusive.end insert
5(B) A jurisdiction that is classified as suburban pursuant to this
6paragraph shall report to
Assembly Committee on Housing and
7Community Development, the Senate Committee on Transportation
8and Housing, and the Department of Housing and Community
9Development regarding its progress in developing low- and very
10low-income housing consistent with the requirements of Section
1165400. The report shall be provided twice, once, on or before
12December 31, 2019, which report shall address the initial four
13years of the housing element cycle, and a second time, on or before
14December 31, 2023, which report shall address the subsequent
15four years of the housing element cycle and the cycle as a whole.
16The reports shall be provided consistent with the requirements of
17Section 9795.
18(f) A jurisdiction shall be considered metropolitan if the
19jurisdiction does not meet the requirements for “suburban area”
20above and is located in a MSA of 2,000,000 or greater in
21population, unless that
jurisdiction’s population is less than 25,000
22in which case it shall be considered suburban.
23(g) For sites described in paragraph (3) of subdivision (b), the
24city or county shall specify the additional development potential
25for each site within the planning period and shall provide an
26explanation of the methodology used to determine the development
27potential. The methodology shall consider factors including the
28extent to which existing uses may constitute an impediment to
29additional residential development, development trends, market
30conditions, and regulatory or other incentives or standards to
31encourage additional residential development on these sites.
32(h) The program required by subparagraph (A) of paragraph (1)
33of subdivision (c) of Section 65583 shall accommodate 100 percent
34of
the need for housing for very low and low-income households
35allocated pursuant to Section 65584 for which site capacity has
36not been identified in the inventory of sites pursuant to paragraph
37(3) of subdivision (a) on sites that shall be zoned to permit
38owner-occupied and rental multifamily residential use by right
39during the planning period. These sites shall be zoned with
40minimum density and development standards that permit at least
P6 116 units per site at a density of at least 16 units per acre in
2jurisdictions described in clause (i) of subparagraph (B) of
3paragraph (3) of subdivision (c) and at least 20 units per acre in
4jurisdictions described in clauses (iii) and (iv) of subparagraph (B)
5of paragraph (3) of subdivision (c). At least 50 percent of the very
6low and low-income housing need shall be accommodated on sites
7designated for residential use and for which nonresidential uses
8or
mixed-uses are not permitted.
9(i) For purposes of this section and Section 65583, the phrase
10“use by right” shall mean that the local government’s review of
11the owner-occupied or multifamily residential use may not require
12a conditional use permit, planned unit development permit, or other
13discretionary local government review or approval that would
14constitute a “project” for purposes of Division 13 (commencing
15with Section 21000) of the Public Resources Code. Any subdivision
16of the sites shall be subject to all laws, including, but not limited
17to, the local government ordinance implementing the Subdivision
18Map Act. A local ordinance may provide that “use by right” does
19not exempt the use from design review. However, that design
20review shall not constitute a “project” for purposes of Division 13
21(commencing with Section 21000) of the
Public Resources Code.
22Use by right for all rental multifamily residential housing shall be
23provided in accordance with subdivision (f) of Section 65589.5.
24(j) This section shall remain in effect only until December 31,
252023, and as of that date is repealed, unless a later enacted statute,
26that is enacted before December 31, 2023, deletes or extends that
27date.
begin insertSection 65583.2 is added to the end insertbegin insertGovernment Codeend insertbegin insert, to
29read:end insert
(a) City’s or county’s inventory of land suitable for
31residential development pursuant to paragraph (3) of subdivision
32(a) of Section 65583 shall be used to identify sites that can be
33developed for housing within the planning period and that are
34sufficient to provide for the jurisdiction’s share of the regional
35housing need for all income levels pursuant to Section 65584. As
36used in this section, “land suitable for residential development”
37includes all of the following:
38(1) Vacant sites zoned for residential use.
39(2) Vacant sites zoned for
nonresidential use that allows
40residential development.
P7 1(3) Residentially zoned sites that are capable of being developed
2at a higher density.
3(4) Sites zoned for nonresidential use that can be redeveloped
4for, and as necessary, rezoned for, residential use.
5(b) The inventory of land shall include all of the following:
6(1) A listing of properties by parcel number or other unique
7reference.
8(2) The size of each property listed pursuant to paragraph (1),
9and the general plan designation and zoning of each property.
10(3) For nonvacant sites, a description of the existing use of each
11property.
12(4) A general description of any environmental constraints to
13the development of housing within the jurisdiction, the
14documentation for which has been made available to the
15jurisdiction. This information need not be identified on a
16site-specific basis.
17(5) A general description of existing or planned water, sewer,
18and other dry utilities supply, including the
availability and access
19to distribution facilities. This information need not be identified
20on a site-specific basis.
21(6) Sites identified as available for housing for above
22moderate-income households in areas not served by public sewer
23systems. This information need not be identified on a site-specific
24basis.
25(7) A map that shows the location of the sites included in the
26inventory, such as the land use map from the jurisdiction’s general
27plan for reference purposes only.
28(c) Based on the information provided in subdivision (b), a city
29or county shall determine whether each site in the inventory can
30accommodate some
portion of its share of the regional housing
31need by income level during the planning period, as determined
32pursuant to Section 65584. The analysis shall determine whether
33the inventory can provide for a variety of types of housing,
34including multifamily rental housing, factory-built housing,
35mobilehomes, housing for agricultural employees, emergency
36shelters, and transitional housing. The city or county shall
37determine the number of housing units that can be accommodated
38on each site as follows:
39(1) If local law or regulations require the development of a site
40at a minimum density, the department shall accept the planning
P8 1agency’s calculation of the total housing unit capacity on that site
2based on the established minimum density. If the city or county
3does not adopt a law or regulations requiring the development of
4a site at a minimum density, then it shall demonstrate how the
5
number of units determined for that site pursuant to this subdivision
6will be accommodated.
7(2) The number of units calculated pursuant to paragraph (1)
8shall be adjusted as necessary, based on the land use controls and
9site improvements requirement identified in paragraph (5) of
10subdivision (a) of Section 65583.
11(3) For the number of units calculated to accommodate its share
12of the regional housing need for lower income households pursuant
13to paragraph (2), a city or county shall do either of the following:
14(A) Provide an analysis demonstrating how the adopted densities
15accommodate this need. The analysis shall include,
but is not
16limited to, factors such as market demand, financial feasibility, or
17information based on development project experience within a
18zone or zones that provide housing for lower income households.
19(B) The following densities shall be deemed appropriate to
20accommodate housing for lower income households:
21(i) For an incorporated city within a nonmetropolitan county
22and for a nonmetropolitan county that has a micropolitan area:
23sites allowing at least 15 units per acre.
24(ii) For an unincorporated area in a nonmetropolitan county
25not included in clause (i): sites allowing at least 10 units per acre.
26(iii) For a suburban jurisdiction: sites allowing at least 20 units
27per acre.
28(iv) For a jurisdiction in a metropolitan county: sites allowing
29at least 30 units per acre.
30(d) For purposes of this section, a metropolitan county,
31nonmetropolitan county, and nonmetropolitan county with a
32micropolitan area shall be as determined by the United States
33Census Bureau. A nonmetropolitan county with a micropolitan
34area includes the following counties: Del Norte, Humboldt, Lake,
35Mendocino, Nevada, Tehama, and Tuolumne and other counties
36as may be determined by the United States Census Bureau to be
37nonmetropolitan counties with micropolitan areas in the future.
38(e) A jurisdiction shall be considered suburban if the jurisdiction
39does not meet the requirements of clauses (i) and (ii) of
40subparagraph (B) of paragraph (3) of subdivision (c) and is located
P9 1in a Metropolitan Statistical Area (MSA) of less than 2,000,000
2in population, unless that jurisdiction’s population is greater than
3100,000, in which case it shall be considered metropolitan. A
4county, not including the City and County of San Francisco, shall
5be considered suburban unless the county is in a MSA of 2,000,000
6or greater in population in which case the county shall be
7considered metropolitan.
8(f) A jurisdiction shall be considered metropolitan if the
9jurisdiction does not meet the requirements for “suburban area”
10above and is located in a MSA of 2,000,000 or greater in
11population, unless that jurisdiction’s
population is less than 25,000
12in which case it shall be considered suburban.
13(g) For sites described in paragraph (3) of subdivision (b), the
14city or county shall specify the additional development potential
15for each site within the planning period and shall provide an
16explanation of the methodology used to determine the development
17potential. The methodology shall consider factors including the
18extent to which existing uses may constitute an impediment to
19additional residential development, development trends, market
20conditions, and regulatory or other incentives or standards to
21encourage additional residential development on these sites.
22(h) The program required by subparagraph (A) of paragraph
23(1) of subdivision (c) of Section 65583 shall
accommodate 100
24percent of the need for housing for very low and low-income
25households allocated pursuant to Section 65584 for which site
26capacity has not been identified in the inventory of sites pursuant
27to paragraph (3) of subdivision (a) on sites that shall be zoned to
28permit owner-occupied and rental multifamily residential use by
29right during the planning period. These sites shall be zoned with
30minimum density and development standards that permit at least
3116 units per site at a density of at least 16 units per acre in
32jurisdictions described in clause (i) of subparagraph (B) of
33paragraph (3) of subdivision (c) and at least 20 units per acre in
34jurisdictions described in clauses (iii) and (iv) of subparagraph
35(B) of paragraph (3) of subdivision (c). At least 50 percent of the
36very low and low-income housing need shall be accommodated
37on sites designated for residential use and for which nonresidential
38uses or mixed-uses are not permitted.
39(i) For purposes of this section and Section 65583, the phrase
40“use by right” shall mean that the local government’s review of
P10 1the owner-occupied or multifamily residential use may not require
2a conditional use permit, planned unit development permit, or
3other discretionary local government review or approval that
4would constitute a “project” for purposes of Division 13
5(commencing with Section 21000) of the Public Resources Code.
6Any subdivision of the sites shall be subject to all laws, including,
7but not limited to, the local government ordinance implementing
8the Subdivision Map Act. A local ordinance may provide that “use
9by right” does not exempt the use from design review. However,
10that design review shall not constitute a “project” for purposes
11of Division 13 (commencing with Section 21000) of the Public
12Resources Code. Use by right for all rental multifamily residential
13housing shall be provided in accordance with subdivision (f) of
14
Section 65589.5.
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98