Bill Text: CA AB2208 | 2015-2016 | Regular Session | Amended

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

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Bill Title: Local planning: housing element: inventory of land for residential development.

Spectrum: Bipartisan Bill

Status: (Passed) 2016-09-22 - Chaptered by Secretary of State - Chapter 460, Statutes of 2016. [AB2208 Detail]

Download: California-2015-AB2208-Amended.html

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BILL NUMBER: AB 2208	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 4, 2016

INTRODUCED BY   Assembly Member Santiago

                        FEBRUARY 18, 2016

   An act to  add Sections 15810 and 25351.7 to 
 amend Section 65583.2 of  the Government Code, relating to
 public buildings, and making an appropriation therefore.
  housing. 


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2208, as amended, Santiago.  Public building
construction and seismic retrofit: additional affordable housing
structures or levels.   Local planning: housing element:
inventory of land   for residential development.  

   Existing law, the Planning and Zoning Law, requires a city or
county to adopt a comprehensive, long-term general plan for the
physical development of the city or the county and of any land
outside its boundaries that bears relation to its planning. That law
requires the general plan to contain specified mandatory elements,
including a housing element. Existing law requires the housing
element to contain an inventory of land suitable for residential
development, and requires that inventory to 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.  
   This bill would expand that inventory of land suitable for
residential development to include buildings owned or under the
control of a city or a county, zoned for residential or
nonresidential use and capable of having residential developments
constructed above the existing building, and to include underutilized
sites, as defined. By imposing new duties upon local agencies with
respect to the housing element of the general plan, this bill would
impose a state-mandated local program.  
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for a specified reason.  
   Existing law establishes the powers of the State Public Works
Board, for the purposes of the State Building Construction Act of
1955, including the authority to construct public buildings, as
defined. Existing law requires all moneys received by the board from
whatever source derived, to be deposited in the State Treasury to the
credit of the Public Buildings Construction Fund, which is
continuously appropriated to the board for specific purposes.
 
   This bill would require, before constructing, including seismic
retrofitting, a public building with state funds, the board to sell
the air rights above the public building to a private or nonprofit
developer to construct affordable housing above the public building.
The bill would also require the public works contract to construct
the public building to include provisions that require the building
to be constructed or retrofitted to accommodate additional structures
or levels that may be added by a private or nonprofit developer to
provide affordable housing. By increasing the amount of funds
deposited into a continuously appropriated fund, this bill would make
an appropriation.  
   Existing law authorizes the board of supervisors of a county to
construct, expand, lease, build, rebuild, furnish, refurnish, or
repair various public buildings, including a hospital, courthouse,
jail, historical museum, aquarium, library, art gallery, art
institute, exposition building for exhibiting and advertising
farming, mining, manufacturing, livestock raising, and other
resources of the county, stadium, coliseum, sports arena, or sports
pavilion or other building for holding sports events, exhibitions,
and other public meetings. Existing law authorizes a county or city
and county to enter into leases and agreements relating to real
property and buildings to be used jointly by the county or city and
county and any private person, firm, or corporation. 

   This bill would require, before constructing, including seismic
retrofitting, a public building with state funds, the board of
supervisors to sell the air rights above the public building to a
private or nonprofit developer to construct affordable housing above
the public building. The bill would also require the public works
contract to construct the public building to include provisions that
require the building to be constructed or retrofitted to accommodate
additional structures or levels that may be added by a private or
nonprofit developer to provide affordable housing.  

   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions. 
   Vote: majority. Appropriation:  yes   no
 . Fiscal committee: yes. State-mandated local program: yes.


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

   SECTION 1.    Section 65583.2 of the  
Government Code   , as amended by   Section 232 of
Chapter 303 of the Statutes of 2015, is amended to read: 
   65583.2.  (a)  (1)    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) 
    (A)  Vacant sites zoned for residential use. 
   (2) 
    (B)  Vacant sites zoned for nonresidential use that
allows residential development. 
   (3) 
    (C)  Residentially zoned sites that are capable of being
developed at a higher density. 
   (4) 
    (D)  Sites zoned for nonresidential use that can be
redeveloped for, and as necessary, rezoned for, residential use. 

   (E) Buildings owned or under the control of a city or a county,
zoned for residential use and capable of having residential
developments constructed above the existing building.  
   (F) Buildings owned or under the control of a city or a county and
zoned for nonresidential use, that can be rezoned for residential
use and are capable of having residential developments constructed
above the existing building.  
   (G) Underutilized sites zoned for residential use.  
   (H) Underutilized sites zoned for nonresidential use that allow
residential development.  
   (2) For purposes of subparagraphs (G) and (H) of paragraph (1),
"underutilized sites" means properties or portions of property that
are used only at irregular periods or intermittently by the
accountable agency of the local government, or property that is being
used for the accountable agency's current program purposes that can
be satisfied with only a portion of the property. 
   (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 an incorporated city within a nonmetropolitan county and
for a nonmetropolitan county that has a micropolitan area: sites
allowing at least 15 units per acre.
   (ii) For an unincorporated area in a nonmetropolitan county not
included in clause (i): sites allowing at least 10 units per acre.
   (iii) For a suburban jurisdiction: sites allowing at least 20
units per acre.
   (iv) For a jurisdiction in a metropolitan county: sites allowing
at least 30 units per acre.
   (d) For purposes of this section, a metropolitan county,
nonmetropolitan county, and nonmetropolitan county with a
micropolitan area shall be as determined by the United States Census
Bureau. A nonmetropolitan county with a micropolitan area includes
the following counties: Del Norte, Humboldt, Lake, Mendocino, Nevada,
Tehama, and Tuolumne and other counties as may be determined by the
United States Census Bureau to be nonmetropolitan counties with
micropolitan areas in the future.
   (e) (1) Except as provided in paragraph (2), a jurisdiction shall
be 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
shall be considered metropolitan. A county, not including the City
and County of San Francisco, shall be considered suburban unless the
county is in an MSA of 2,000,000 or greater in population in which
case the county shall be considered metropolitan.
   (2) (A) (i) Notwithstanding paragraph (1), if a county that is in
the San Francisco-Oakland-Fremont California MSA has a population of
less than 400,000, that county shall be considered suburban. If this
county includes an incorporated city that has a population of less
than 100,000, this city shall also be considered suburban. This
paragraph shall apply to a housing element revision cycle, as
described in subparagraph (A) of paragraph (3) of subdivision (e) of
Section 65588, that is in effect from July 1, 2014, to December 31,
2023, inclusive.
   (ii) A county subject to this subparagraph shall utilize the sum
existing in the county's housing trust fund as of June 30, 2013, for
the development and preservation of housing affordable to low- and
very low income households.
   (B) A jurisdiction that is classified as suburban pursuant to this
paragraph shall report to the Assembly Committee on Housing and
Community Development, the Senate Committee on Transportation and
Housing, and the Department of Housing and Community Development
regarding its progress in developing low- and very low income housing
consistent with the requirements of Section 65400. The report shall
be provided twice: once, on or before December 31, 2019, which report
shall address the initial four years of the housing element cycle,
and a second time, on or before December 31, 2023, which report shall
address the subsequent four years of the housing element cycle and
the cycle as a whole. The reports shall be provided consistent with
the requirements of Section 9795.
   (f) A jurisdiction shall be considered metropolitan if the
jurisdiction does not meet the requirements for "suburban area" above
and is located in an MSA of 2,000,000 or greater in population,
unless that jurisdiction's population is less than 25,000 in which
case it shall be 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.
   (j) Notwithstanding any other provision of this section, within
one-half mile of a Sonoma-Marin Area Rail Transit station, housing
density requirements in place on June 30, 2014, shall apply.
   (k) This section shall remain in effect only until December 31,
2023, and as of that date is repealed, unless a later enacted
statute, that is enacted before December 31, 2023, deletes or extends
that date.
   SEC. 2.    Section 65583.2 of the  
Government Code   , as added by Chapter   875 of
the Statutes of 2014, is amended to read: 
   65583.2.  (a)  (1)    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) 
    (A)  Vacant sites zoned for residential use. 
   (2) 
    (B)  Vacant sites zoned for nonresidential use that
allows residential development. 
   (3) 
    (C)  Residentially zoned sites that are capable of being
developed at a higher density. 
   (4) 
    (D)  Sites zoned for nonresidential use that can be
redeveloped for, and, as necessary, rezoned for, residential use.

   (E) Buildings owned or under the control of a city or a county,
zoned for residential use and capable of having residential
developments constructed above the existing building.  
   (F) Buildings owned or under the control of a city or a county and
zoned for nonresidential use, that can be rezoned for residential
use and are capable of having residential development constructed
above the existing building.  
   (G) Underutilized sites zoned for residential use.  
   (H) Underutilized sites zoned for nonresidential use that allow
residential development.  
   (2) For purposes of subparagraphs (G) and (H) of paragraph (1),
"underutilized sites" means properties or portions of property that
are used only at irregular periods or intermittently by the
accountable agency of the local government or property that is being
used for the accountable agency's current program purposes that can
be satisfied with only a portion of the property. 
   (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 an incorporated city within a nonmetropolitan county and
for a nonmetropolitan county that has a micropolitan area: sites
allowing at least 15 units per acre.
   (ii) For an unincorporated area in a nonmetropolitan county not
included in clause (i): sites allowing at least 10 units per acre.
   (iii) For a suburban jurisdiction: sites allowing at least 20
units per acre.
   (iv) For a jurisdiction in a metropolitan county: sites allowing
at least 30 units per acre.
   (d) For purposes of this section, a metropolitan county,
nonmetropolitan county, and nonmetropolitan county with a
micropolitan area shall be as determined by the United States Census
Bureau. A nonmetropolitan county with a micropolitan area includes
the following counties: Del Norte, Humboldt, Lake, Mendocino, Nevada,
Tehama, and Tuolumne and 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 shall be 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 shall be considered
metropolitan. A county, not including the City and County of San
Francisco, shall be considered suburban unless the county is in an
MSA of 2,000,000 or greater in population in which case the county
shall be considered metropolitan.
   (f) A jurisdiction shall be considered metropolitan if the
jurisdiction does not meet the requirements for "suburban area" above
and is located in an MSA of 2,000,000 or greater in population,
unless that jurisdiction's population is less than 25,000 in which
case it shall be 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.
   (j) This section shall become operative on December 31, 2023.
  SEC. 3.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because a local agency or school district has the
authority to levy service charges, fees, or assessments sufficient to
pay for the program or level of service mandated by this act, within
the meaning of Section 17556 of the Government Code.  
  SECTION 1.    Section 15810 is added to the
Government Code, to read:
   15810.  (a) Notwithstanding any law before constructing, which
includes seismic retrofitting, a public building with state funds,
the board shall sell the air rights above the public building to a
private or nonprofit developer to construct affordable housing above
the public building.
   (b) Notwithstanding any law, when state funds are used to
construct, including seismically retrofit, a public building, the
public works contract shall include provisions that require the
building to be constructed or retrofitted to accommodate additional
structures or levels that may be added by a private or nonprofit
developer to provide affordable housing.  
  SEC. 2.   Section 25351.7 is added to the
Government Code, to read:
   25351.7.  (a) Notwithstanding any law before constructing, which
includes seismic retrofitting, a public building with state funds,
the board of supervisors shall sell the air rights above the public
building to a private or nonprofit developer to construct affordable
housing above the public building.
   (b) Notwithstanding any law, when state funds are used to
construct, including seismically retrofit, a public building, the
public works contract shall include provisions that require the
building to be constructed or retrofitted to accommodate additional
structures or levels that may be added by a private or nonprofit
developer to provide affordable housing.  
  SEC. 3.    If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.