Bill Text: CA AB1690 | 2013-2014 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Local planning: housing elements.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-09-30 - Chaptered by Secretary of State - Chapter 883, Statutes of 2014. [AB1690 Detail]

Download: California-2013-AB1690-Amended.html

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BILL NUMBER: AB 1690	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 30, 2014

INTRODUCED BY   Assembly Member Gordon

                        FEBRUARY 13, 2014

   An act to amend Section 65583.2 of the Government Code, relating
to housing.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1690, as amended, Gordon. Local planning: housing elements.
   Existing law requires that the housing element of a community's
general plan contain a program that sets forth a schedule of actions
during the planning period that the local government is undertaking,
or intends to undertake, to implement the policies and achieve the
goals and objectives of the housing element through the utilization
of appropriate federal and state financing and subsidy programs, and
the utilization of moneys in a low- and moderate-income housing fund,
as specified. Existing law also requires the program to accommodate
at least 50% of the very low and low-income housing need on sites
designated for residential use and for which nonresidential uses or
mixed-uses are not permitted, as specified.
   This bill would  instead require the program to
accommodate at least 50% of the very low and low-income housing need
on sites designated for residential use or mixed-uses  
authorize a city or county to accommodate the very low and low-income
housing need on sites designated for mixed uses if those sites allow
100% residential use and require that residential use occupy 50% of
the total floor area of a mixed-use project  .
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 65583.2 of the Government Code is amended to
read:
   65583.2.  (a) A city's or county's inventory of land suitable for
residential development pursuant to paragraph (3) of subdivision (a)
of Section 65583 shall be used to identify sites that can be
developed for housing within the planning period and that are
sufficient to provide for the jurisdiction's share of the regional
housing need for all income levels pursuant to Section 65584. As used
in this section, "land suitable for residential development"
includes all of the following:
   (1) Vacant sites zoned for residential use.
   (2) Vacant sites zoned for nonresidential use that allows
residential development.
   (3) Residentially zoned sites that are capable of being developed
at a higher density.
   (4) Sites zoned for nonresidential use that can be redeveloped
for, and as necessary, rezoned for, residential use.
   (b) The inventory of land shall include all of the following:
   (1) A listing of properties by parcel number or other unique
reference.
   (2) The size of each property listed pursuant to paragraph (1),
and the general plan designation and zoning of each property.
   (3) For nonvacant sites, a description of the existing use of each
property.
   (4) A general description of any environmental constraints to the
development of housing within the jurisdiction, the documentation for
which has been made available to the jurisdiction. This information
need not be identified on a site-specific basis.
   (5) A general description of existing or planned water, sewer, and
other dry utilities supply, including the availability and access to
distribution facilities. This information need not be identified on
a site-specific basis.
   (6) Sites identified as available for housing for above
moderate-income households in areas not served by public sewer
systems. This information need not be identified on a site-specific
basis.
   (7) A map that shows the location of the sites included in the
inventory, such as the land use map from the jurisdiction's general
plan for reference purposes only.
   (c) Based on the information provided in subdivision (b), a city
or county shall determine whether each site in the inventory can
accommodate some portion of its share of the regional housing need by
income level during the planning period, as determined pursuant to
Section 65584. The analysis shall determine whether the inventory can
provide for a variety of types of housing, including multifamily
rental housing, factory-built housing, mobilehomes, housing for
agricultural employees, emergency shelters, and transitional housing.
The city or county shall determine the number of housing units that
can be accommodated on each site as follows:
   (1) If local law or regulations require the development of a site
at a minimum density, the department shall accept the planning agency'
s calculation of the total housing unit capacity on that site based
on the established minimum density. If the city or county does not
adopt a law or regulations requiring the development of a site at a
minimum density, then it shall demonstrate how the number of units
determined for that site pursuant to this subdivision will be
accommodated.
   (2) The number of units calculated pursuant to paragraph (1) shall
be adjusted as necessary, based on the land use controls and site
improvements requirement identified in paragraph (5) of subdivision
(a) of Section 65583.
   (3) For the number of units calculated to accommodate its share of
the regional housing need for lower income households pursuant to
paragraph (2), a city or county shall do either of the following:
   (A) Provide an analysis demonstrating how the adopted densities
accommodate this need. The analysis shall include, but is not limited
to, factors such as market demand, financial feasibility, or
information based on development project experience within a zone or
zones that provide housing for lower income households.
   (B) The following densities shall be deemed appropriate to
accommodate housing for lower income households:
   (i) For incorporated cities within nonmetropolitan counties and
for nonmetropolitan counties that have micropolitan areas: sites
allowing at least 15 units per acre.
   (ii) For unincorporated areas in all nonmetropolitan counties not
included in clause (i): sites allowing at least 10 units per acre.
   (iii) For suburban jurisdictions: sites allowing at least 20 units
per acre.
   (iv) For jurisdictions in metropolitan counties: sites allowing at
least 30 units per acre.
   (d) For purposes of this section, metropolitan counties,
nonmetropolitan counties, and nonmetropolitan counties with
micropolitan areas are as determined by the United States Census
Bureau. Nonmetropolitan counties with micropolitan areas include the
following counties: Del Norte, Humboldt, Lake, Mendocino, Nevada,
Tehama, and Tuolumne and such other counties as may be determined by
the United States Census Bureau to be nonmetropolitan counties with
micropolitan areas in the future.
   (e) A jurisdiction is considered suburban if the jurisdiction does
not meet the requirements of clauses (i) and (ii) of subparagraph
(B) of paragraph (3) of subdivision (c) and is located in a
Metropolitan Statistical Area (MSA) of less than 2,000,000 in
population, unless that jurisdiction's population is greater than
100,000, in which case it is considered metropolitan. Counties, not
including the City and County of San Francisco, will be considered
suburban unless they are in a MSA of 2,000,000 or greater in
population in which case they are considered metropolitan.
   (f) A jurisdiction is considered metropolitan if the jurisdiction
does not meet the requirements for "suburban area" above and is
located in a MSA of 2,000,000 or greater in population, unless that
jurisdiction's population is less than 25,000 in which case it is
considered suburban.
   (g) For sites described in paragraph (3) of subdivision (b), the
city or county shall specify the additional development potential for
each site within the planning period and shall provide an
explanation of the methodology used to determine the development
potential. The methodology shall consider factors including the
extent to which existing uses may constitute an impediment to
additional residential development, development trends, market
conditions, and regulatory or other incentives or standards to
encourage additional residential development on these sites.
   (h) The program required by subparagraph (A) of paragraph (1) of
subdivision (c) of Section 65583 shall accommodate 100 percent of the
need for housing for very low and low-income households allocated
pursuant to Section 65584 for which site capacity has not been
identified in the inventory of sites pursuant to paragraph (3) of
subdivision (a) on sites that shall be zoned to permit owner-occupied
and rental multifamily residential use by right during the planning
period. These sites shall be zoned with minimum density and
development standards that permit at least 16 units per site at a
density of at least 16 units per acre in jurisdictions described in
clause (i) of subparagraph (B) of paragraph (3) of subdivision (c)
and at least 20 units per acre in jurisdictions described in clauses
(iii) and (iv) of subparagraph (B) of paragraph (3) of subdivision
(c). At least 50 percent of the very low and low-income housing need
shall be accommodated on sites designated for residential use 
and for which nonresidential uses  or mixed-uses  are not
permitted, except that a city or county may accommodate all of the
very low and low-income housing need on sites designated for mixed
uses if those sites allow 100 percent residential use and require
that residential use occupy 50 percent of the total floor area of a
mixed-use project  .
   (i) For purposes of this section and Section 65583, the phrase
"use by right" shall mean that the local government's review of the
owner-occupied or multifamily residential use may not require a
conditional use permit, planned unit development permit, or other
discretionary local government review or approval that would
constitute a "project" for purposes of Division 13 (commencing with
Section 21000) of the Public Resources Code. Any subdivision of the
sites shall be subject to all laws, including, but not limited to,
the local government ordinance implementing the Subdivision Map Act.
A local ordinance may provide that "use by right" does not exempt the
use from design review. However, that design review shall not
constitute a "project" for purposes of Division 13 (commencing with
Section 21000) of the Public Resources Code. Use by right for all
rental multifamily residential housing shall be provided in
accordance with subdivision (f) of Section 65589.5.