Bill Text: CA AB1537 | 2013-2014 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: General plan housing element: regional housing need.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-09-30 - Chaptered by Secretary of State - Chapter 875, Statutes of 2014. [AB1537 Detail]
Download: California-2013-AB1537-Amended.html
Bill Title: General plan housing element: regional housing need.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-09-30 - Chaptered by Secretary of State - Chapter 875, Statutes of 2014. [AB1537 Detail]
Download: California-2013-AB1537-Amended.html
BILL NUMBER: AB 1537 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 12, 2014
AMENDED IN ASSEMBLY APRIL 21, 2014
INTRODUCED BY Assembly Member Levine
JANUARY 22, 2014
An act to amend, repeal, and add Section 65583.2 of the Government
Code, relating to land use.
LEGISLATIVE COUNSEL'S DIGEST
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 to accommodate 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 require, until December 31, 2023, a county that is
in the San Francisco-Oakland-Fremont , California
Metropolitan Statistical Area and that has a population of less than
400,000 to be considered suburban for purposes of determining the
densities appropriate to accommodate 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. 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. This bill would require a county subject to the
bill to utilize the sum existing in its local housing
trust fund as of June 30, 2013, for the development and preservation
of housing affordable to low- and very low income households. The
bill would apply housing density requirements in place on June 30,
2013, within 1/2 mile of a Sonoma-Marin Area
Rail Transit station.
This bill would make legislative findings and declarations as to
the necessity of a special statute for certain areas of the state.
Vote: majority. Appropriation: no. Fiscal committee: yes.
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 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 a an MSA of 2,000,000 or
greater in population in which case the county shall be considered
metropolitan.
(2) (A) Notwithstanding paragraph (2), 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.
(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 a 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.
(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, 2013, shall apply.
(k) A county subject to this section 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.
(j)
(l) 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 is added to the Government Code, to read:
65583.2. (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 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
a 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 a 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.
(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. The Legislature finds and declares that a
special law is necessary and that a general law cannot be made
applicable within the meaning of Section 16 of Article IV of the
California Constitution because of the special circumstances of
certain areas of the state relating to regional housing needs.
