HomeMy WebLinkAboutMINUTES - 05012007 - C.23 TO: BOARD OF SUPERVISORSE- L ° Contra
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FROM: JOHN CULLEN, Costa
County Administrator
-GAti� County
ST9 COUN"�
DATE: May 1, 2007
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SUBJECT: OPPOSE POSITION on SB 303 (Ducheny)— Housing Element Law
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
OPPOSE Senate Bill 303 (Ducheny), legislation that would require cities and counties to update their
general plans at least every ten years to accommodate a planning period of at least twenty years,
expands the housing element planning period from five to ten years, and requires the completion of
any necessary rezonings to meet housing needs concurrent with the adoption of the housing element,
as recommended by the Director of Community Development.
FISCAL IMPACT:
SB 303 requires all general plans to be updated every 10 years, but provides no funding to pay for it.
A comprehensive update of a general plan and its related environmental documents may cost several
million dollars, which could force an increase in local development fees for planning.
BACKGROUND:
The County's 2007 State Legislative Platform includes the following policy positions:
SUPPORT efforts to reform state housing element law to promote the actual production and
preservation of affordable housing and to focus less on process and paper compliance.
OPPOSE efforts to limit thel.County's ability to exercise local land use authority.
SB 303 is a Building Industry Association-sponsored bill that attempts to create more certainty in the
entitlement process for developers, which in itself may be a worthy policy goal. However, the bill's
approach is flawed because, like so many state mandates, SB 303 creates a "one-size-fits-all"
solution that will be difficult to implement and ultimately limiting on local government's land use
control. Therefore, SB 303 is inconsistent with the Board's adopted policies and should be opposed.
CONTINUED ON ATTACHMENT: x YES SIGNATURE:
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RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COM EE
APPROVE OTHER
SIGNATURE(S)::
ACTION OF BOOD N A ea APPROVED AS RECOMMENDED
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT
COPY OF AN ACTION TAKEN AND ENTERED ON MINUTES OF
UNANIMOUS(ABSENT
THE BOARD OF SUPERVISORS ON THE DATE SHOWN.
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AYES: NOES:
ABSENT: ABSTAIN:
Contact:
L.Delaney 5-1097
Cc: ATTESTED
S.Hoffman,CAD's Office J0)_HR CULLE , LERK OF THE BOARD OFSUPERVISORS
C.Christian,via CAO's Office
D. Barry,Community Development
J.Kennedy,Redevelopment BY: DEPUTY
SB 303—Housing Element Law., p.2
May 1, 2007
SB 303 requires cities and counties to update their general plans at least every ten years to
accommodate a planning period of at least 20 years, expands the housing element planning period
from five to ten years, requires cities and counties to complete any necessary rezonings to meet their
housing needs concurrent with adoption of the housing element, and makes other changes to general
plan and housing element law.
Specifically, with respect to the General Plan, SB 303 requires cities and counties to bring their
zoning ordinances into consistency with the general plan by the next required update of the housing
element and maintain consistency thereafter. SB 303 specifies that consistency means that the
zoning allows development at the density designated in the general plan without any additional
legislative or quasi-legislative land use approvals (e.g. rezoning). SB 303 also allows a property
owner to bring suit at any time, as opposed to within 90 days, to bring the zoning on his or her
property into consistency with the general plan.
Regarding the Housing Element, SB 303 maintains the five-year update schedule for housing
elements but expands the RHNA to cover a ten-year period. As a result, the bill requires a housing
element to identify adequate sites to accommodate the ten-year housing need. In addition to site
identification, SB 303 requires a housing element to include production estimates for the
development, preservation, and rehabilitation of housing for extremely low-, very-low-, low-, and
moderate-income households and for special housing needs. SB 303 further requires that the zoning
for sites needed to meet the jurisdiction's share of the RHNA be in place at the time the housing
element is adopted.
SB 303 also requires that the housing element identify policies and incentives to promote infill
development and the efficient use of land. SB 303 requires that sites identified to accommodate the
need for extremely low-, very low- or low-income housing meet the Mullin density standards. It also
requires that any sites rezoned after the housing element due date to accommodate the need for
extremely low-, very low- or low-income housing shall permit the development of multifamily housing
by right. It also requires the city or county to make a finding that each site designated to meet the
jurisdiction's share of the RHNA will realistically accommodate all the units allowed under the density
for the site.
A costly provision, SB 303 requires the city or county to conduct an environmental impact report (EIR)
to cover all the sites identified in the housing element to accommodate the jurisdiction's share of the
RHNA. Because conducting the environmental review and rezoning do take a significant amount of
time and money, it is likely that many more jurisdictions will fail to meet the established housing
element revision deadline. Furthermore, since the locality does not control the actual timing of
development, the environmental analysis may end up being too old and not reflective of then current
conditions, and therefore not available to be relied on for CEQA compliance.
Notably, SB 303 also prohibits a city or county from denying or reducing the density on a project that
is consistent with the housing element except by a 4/5 vote and with written findings that the project
has a specific, adverse impact upon the public health or safety and there is no feasible method to
satisfactorily mitigate or avoid the adverse impact.
SB 303 also provides that if a court finds that a city or county has failed to identify adequate sites or
has failed to make the findings related to the ability of each site to realistically accommodate the
allowed density, the court shall issue an order requiring compliance within 120 days, retain
jurisdiction, and award reasonable attorney fees to the prevailing plaintiff. The bill also provides these
provisions are in addition to, not in lieu of, existing remedies available under housing element law.
Finally, SB 303 clarifies that all deadlines within housing element law are mandatory, not directory.
Again, while there are many laudable aspects of the bill, the combination of extending the RHNA to
ten years and requiring upfront zoning will trigger significant sprawl because no time is provided to
phase in the availability of housing sites. Due to the lack of apparent sites in developed areas,
prezoning will be easier in suburban and rural communities that can more readily plan on
annexations. Opposition from the League of California Cities and CSAC also extends to the site-
specific findings, the requirement to establish market demand for each site, the attorney fee
provisions, and the lack of a funding mechanism to accomplish the many requirements of the bill.
AMENDED IN SENATE MARCH 22, 2007
SENATE BILL No. 303
Introduced by Senator Ducheny
February 16, 2007
An act to amend Sections 65301, 65582,65583, 65583.2,and 65860
of, to add Sections 65300.1, 65583.3, 65588.2, and 65588.3 to, and to
repeal and add Section 65588 of, the Government Code, relating to
local government.
LEGISLATIVE COUNSEL'S DIGEST
SB 303, as amended, Ducheny. Local government: housing.
(1) Existing law,the Planning and Zoning Law,governs the authority
for and scope of general plans for local governments.
This bill would state the findings of the Legislature regarding the
availability and cost of housing throughout the state.
(2) Existing law requires each county and city to adopt a
comprehensive, long-term general plan for the physical development
of the county or city that addresses a number of elements, as specified.
Existing law provides that the general plan may be adopted as a single
document or as a group of documents relating to subjects or geographic
segments of the planning area.
This bill would require the general plan, and each of its elements to
encompass a planning and projection period of at least 20 years, and
would require each element, except for the housing element, to be
updated at least every 10 years. This bill would require the housing
element to be updated, as specified.
(3) Existing law, defines various terms in relation to housing
elements.
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SB 303 —2—
This
2—This bill would define "regional housing need" and "existing and
projected housing need" to mean the minimum amount of housing
needed over the next 10-year period.
(4) Existing law requires the housing element of a general plan to
identify and analyze various elements, and include a statement of the
community's goals, quantified objectives, and policies relative to the
maintenance,preservation,improvement,and development of housing.
This bill would require the statement be relative to the maintenance,
preservation, improvement, and development of housing for extremely
low, very low, low- and moderate-income households, and for any
special housing needs, as specified.
Existing law provides that where the total housing needs identified
exceed available resources and the community's ability to satisfy the
need within the content of the general plan requirements, as specified,
the quantified objectives must establish the maximum number of housing
units by income category that can be constructed, rehabilitated, and
conserved over a 5-year period.
This bill would, instead, require the quantified objectives to estimate
the maximum number of housing units for specified categories that can
be constructed, rehabilitated, and conserved over a 10-year period.
Existing law requires the housing element to include, among other
things, a program that sets forth a 5-year schedule for actions the local
government is undertaking, or intends to undertake to implement the
policies and achieve the goals and objectives of the housing element,
as specified. The program adopted must, among other requirements,
identify actions that will be taken to make sites available during the
planning period of the general plan, as specified.
This bill would, instead, require the program to identify sites to
facilitate and encourage the development of a variety of types of housing
for all income levels, as specified,-aftd identify policies and incentives
to promote infill development and the efficient uses of land, and to
both, remove the constraints to, and provide reasonable
accommodations for, specified housing for persons with disabilities, as
specified.
(5) Existing law requires the housing element of a general plan to
include an inventory of sites that can be developed for housing within
the planning period to accommodate that portion of a city's or county's
share of the regional housing need for all income levels, as specified,
and requires the city or county to provide an analysis demonstrating
how the adopted densities accommodate its share of the regional housing
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need for lower income households or meet specified densities to
accommodate housing for lower income households.
This bill would delete the option to provide an analysis demonstrating
how the adopted densities accommodate the city's or county's share of
the regional housing need for lower income households and would,
instead, require cities and counties to meet the specified densities to
accommodate housing for lower income households.
(6) Existing law requires the housing element of a general plan to
include an inventory of sites that can be developed for housing within
the planning period to accommodate that portion of a city's or county's
share of the regional housing need for all income levels, as specified.
This bill would require the city council or county board of supervisors
to designate and zone sites for residential use to accommodate the
jurisdiction's 10-year housing need and make findings regarding the
designation and zoning, as specified. The bill would also require the
city or county to approve projects that are consistent with the designation
and zoning on these sites, as specified. The bill would also require that
if the local government has not satisfied these requirements, the
development of affordable housing projects, as defined, on sites
identified pursuant to the inventory of land suitable for residential
development to allow a specified minimum number of units per acre
shall be by "use by right" as that term is defined in these provisions.
By imposing additional duties upon local officials,this bill would create
a state-mandated local program.
(7) Existing law requires each local government to review its housing
elements as frequently as appropriate to evaluate a number of factors,
as specified.
This bill would revise the factors that each local government is
required to evaluate in its review of the housing element and would
require the housing element to be updated every 5 years.The bill would
also specify the date, not yet determined, that specific groups of local
governments are required to update the housing elements,
notwithstanding the 5-year requirement.
The bill would also provide that the deadlines specified for the
amendment of the housing element are mandatory and these
modifications are not intended to affect existing law with respect to the
planning,use,or development of areas outside the sites designated and
zoned for residential use to accommodate the jurisdiction's 10-year
housing need.
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(8)
4—(8) Existing law requires county and city ordinances to be consistent
with the general plan. For a zoning ordinance to be considered consistent
with a general plan officially adopted by a county or city, the various
land uses authorized by the ordinance must be compatible with the
objectives, policies, general land uses and programs specified in the
general plan. Existing law also authorizes a resident or property owner
within a city or county to bring an action or proceeding to enforce
compliance with these provisions within 90 days of the enactment of
any new zoning ordinance or the amendment of an existing ordinance.
Existing law also applies these provisions to specified charter cities.
This bill would require the county or city zoning ordinances to be
consistent with the general plan of the county or city by the date of the
next housing element update, and thereafter. The bill would revise the
factors required for a zoning ordinance to be considered consistent with
a general plan to include a requirement for residential uses that the
zoning ordinance allows development at the density range specified in
the general plan without the need for any additional land use approval
that is legislative or quasi-legislative in nature.
The bill would authorize a property owner to bring an action to require
that the zoning on its property be made consistent with the general plan
without regard to when the zoning ordinance was adopted or amended.
The bill would also entitle a prevailing petitioner who brought an action
to enforce these provisions to reasonable attorney's fees.
This bill would also declare that these provisions have statewide
implications and would apply these provisions to a charter city, charter
county, and a charter city and county as well as general law cities and
counties.
(9) This bill would make certain declarations concerning the Court
of Appeal decision in Mira Development Corporation of San Diego v.
City of San Diego (1988) 205 Cal.App.3d 1201.
(10) 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
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The people of the State of California do enact as follows:
1 SECTION 1. Section 65300.1 is added to the Government
2 Code, to read:
3 65300.1. The Legislature finds and declares all of the following:
4 (a) The lack of housing is a critical problem that threatens the
5 economic prosperity,environment,and quality of life of California
6 families.
7 (b) The supply and cost of housing throughout the state is
8 inextricably linked to the quantity of suitable and available land
9 designation and zoned to allow residential development, and for
10 that reason, designating and zoning land for housing is a matter
11 of statewide concern.
12 (c) Local governments shall utilize their land use authority in
13 a manner that accommodates housing needs while meeting the
14 objectives for comprehensive planning set forth in Section 65300.
15 SEG Seetiorr65301 of the Goyem rert Code i-samended
16 to read:
17 65301. (a) The general plan shall be so prepared that all of
18 individual elements of it may be adopted by the legislative bodr,
19 and so that it may be adopted by the legislative body for all or paft
20
21
22
23 or eonvenient by the legislative bodr, ineluding the eombitting of
24 elemetits. The legislative body may adopt all or part of a plan of
25 anothef publie ageney in satisf�etiott of all or part of thee
26 requirements of Seetion 65302 if the plan of the other publie
27
28 detefmined by the legislative body,for the adopting e*'
29 (b) The gettefal platt may be adopted . -1
30 as a group of doettments relating to stibjeets of geogfaphie
31 segments of the plaming ett. The genefal plan, and eaeh of its
32 elements shall eneompass a planning and prqjeetianTefiet��
33 less than 20 yeafs. Eaeh element shall be updated as neeessat=y not
34 less thatt every 10 years, exeept for the housing element, whie.h.
35 shall be updated as provided in Aftiele 10.6 (eommeneing with
36 Seetion 65580),
37 (e) The general plan shall address eaeh ofthe elements speeified
38 in Seetion 65302 to the extent that the subjeet of the element exists
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SB 303 —6—
I
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1
3 and eireumstattees. However, this-seetien shallnota feet them
4 ,not:be eonstmed
5 to expand or litnit the authofity ofthe Department of Housing att
6 Community Development to review housing elements pufstiant to
7 Seetion 50459 of the Health and Safety Code.
8 The requirements of this seetion shall apply to ehafter eities.
9 SEC. 2. Section 65301 of the Government Code is amended
10 to read:
11 65301. (a) The general plan shall be so prepared that all or
12 individual elements of it may be adopted by the legislative body,
13 and so that it may be adopted by the legislative body for all or part
14 of the territory of the county or city and any other territory outside
15 its boundaries that in its judgment bears relation to its planning.
16 The general plan may be adopted in any format deemed appropriate
17 or convenient by the legislative body, including the combining of
18 elements. The legislative body may adopt all or part of a plan of
19 another public agency in satisfaction of all or part of the
20 requirements of Section 65302 if the plan of the other public
21 agency is sufficiently detailed and its contents are appropriate, as
22 determined by the legislative body,for the adopting city or county.
23 (b) The general plan may be adopted as a single document or
24 as a group of documents relating to subjects or geographic
25 segments of the planning area. The general plan, and each of its
26 elements shall encompass a planning and projection period of not
27 less than 20 years. Each element shall be updated as necessary
28 not less than every 10 years, except for the housing element, which
29 shall be updated as provided in Article 10.6 (commencing with
30 Section 65580).
31 (c) The general plan shall address each of the elements specified
32 in Section 65302 to the extent that the subject of the element exists
33 in the planning area. The degree of specificity and level of detail
34 of the discussion of each element shall reflect local conditions and
35 circumstances. However, this section shall not affect the
36 requirements of subdivision(c)of Section 65302,nor be construed
37 to expand or limit the authority of the Department of Housing and
38 Community Development to review housing elements pursuant to
39 Section 65585of ans-eode or Section 50459 of the Health and
40 Safety Code.
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1 T4te
2 (d) The requirements of this section shall apply to charter cities.
3 SEC. 3. Section 65582 of the Government Code is amended
4 to read:
5 65582. As used in this article:
6 (a) "Community," "locality," "local government," or
7 "jurisdiction" means a city, city and county, or county.
8 (b) "Council of governments" means a single or multicounty
9 council created by a joint powers agreement pursuant to Chapter
10 5 (commencing with Section 6500) of Division 1 of Title 1.
11 (c) "Department" means the Department of Housing and
12 Community Development.
13 (d) "Housing element"or"element"means the housing element
14 of the community's general plan,as required pursuant to this article
15 and subdivision (c) of Section 65302.
16 (e) "Regional housing need"and"existing and projected housing
17 need"mean the minimum amount of housing needed over the next
18 10-year period.
19 SEC. 4. Section 65583 of the Government Code is amended
20 to read:
21 65583. The housing element shall consist of an identification
22 and analysis of existing and projected housing needs and a
23 statement of goals, policies, quantified objectives, financial
24 resources, and scheduled programs for the preservation,
25 improvement, and development of housing. The housing element
26 shall identify adequate sites for housing,including rental housing,
27 factory-built housing, and mobilehomes, and shall make adequate
28 provision for the existing and projected needs of all economic
29 segments of the community. The element shall contain all of the
30 following:
31 (a) An assessment of housing needs and an inventory of
32 resources and constraints relevant to the meeting of these needs.
33 The assessment and inventory shall include all of the following:
34 (1) An analysis of population and employment trends and
35 documentation of projections and a quantification of the locality's
36 existing and projected housing needs for all income levels,
37 including extremely low income households, as defined in
38 subdivision(b)of Section 50105 and Section 50106 of the Health
39 and Safety Code.These existing and projected needs shall include
40 the locality's share of the regional housing need in accordance
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1
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1 with Section 65584. Local agencies shall calculate the subset of
2 very low income households allotted under Section 65584 that
3 qualify as extremely low income households. The local agency
4 may either use available census data to calculate the percentage
5 of very low income households that qualify as extremely low
6 income households or presume that 50 percent of the very low
7 income households qualify as extremely low income households.
8 The number of extremely low income households and very low
9 income households shall equal the jurisdiction's allocation of very
10 low income households pursuant to Section 65584.
11 (2) An analysis and documentation of household characteristics,
12 including level of payment compared to ability to pay, housing
13 characteristics, including overcrowding, and housing stock
14 condition.
15 (3) An inventory of land suitable for residential development,
16 including vacant sites and sites having potential for redevelopment,
17 and an analysis of the relationship of zoning and public facilities
18 and services to these sites, consistent with the requirements of
19 Section 65583.2.
20 (4) An analysis of potential and actual governmental constraints
21 upon the maintenance, improvement, or development of housing
22 for all income levels, including the types of housing identified in
23 paragraph (1) of subdivision(c), and for persons with disabilities
24 as identified in the analysis pursuant to paragraph (6), including
25 land use controls, building codes and their enforcement, site
26 improvements, fees and other exactions required of developers,
27 and local processing and permit procedures. The analysis shall
28 also demonstrate local efforts to remove governmental constraints
29 that hinder the locality from meeting its share of the regional
30 housing need in accordance with Section 65584 and from meeting
31 the need for housing for persons with disabilities identified
32 pursuant to paragraph (6).
33 (5) An analysis of potential and actual nongovernmental
34 constraints upon the maintenance, improvement, or development
35 of housing for all income levels, including the availability of
36 financing, the price of land, and the cost of construction.
37 (6) An analysis of any special housing needs, such as those of
38 the elderly,persons with disabilities, large families, farmworkers,
39 families with female heads of households,and families and persons
40 in need of emergency shelter.
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1 (7) An analysis of opportunities for energy conservation with
2 respect to residential development.
3 (8) An analysis of existing assisted housing developments that
4 are eligible to change from low-income housing uses during the
5 next 10 years due to termination of subsidy contracts, mortgage
6 prepayment,or expiration of restrictions on use."Assisted housing
7 developments," for the purpose of this section, shall mean
8 multifamily rental housing that receives governmental assistance
9 under federal programs listed in subdivision (a) of Section
10 65863.10, state and local multifamily revenue bond programs,
11 local redevelopment programs, the federal Community
12 Development Block Grant Program,or local in-lieu fees."Assisted
13 housing developments" shall also include multifamily rental units
14 that were developed pursuant to a local inclusionary housing
15 program or used to qualify for a density bonus pursuant to Section
16 65916.
17 (A) The analysis shall include a listing of each development by
18 project name and address, the type of governmental assistance
19 received,the earliest possible date of change from low-income use
20 and the total number of elderly and nonelderly units that could be
21 lost from the locality's low-income housing stock in each year
22 during the 10-year period. For purposes of state and federally
23 funded projects, the analysis required by this subparagraph need
24 only contain information available on a statewide basis.
25 (B) The analysis shall estimate the total cost of producing new
26 rental housing that is comparable in size and rent levels,to replace
27 the units that could change from low-income use,and an estimated
28 cost of preserving the assisted housing developments. This cost
29 analysis for replacement housing may be done aggregately for
30 each five-year period and does not have to contain a
31 project-by-project cost estimate.
32 (C) The analysis shall identify public and private nonprofit
33 corporations known to the local government which have legal and
34 managerial capacity to acquire and manage these housing
35 developments.
36 (D) The analysis shall identify and consider the use of all federal,
37 state,and local financing and subsidy programs which can be used
38 to preserve, for lower income households, the assisted housing
39 developments, identified in this paragraph, including, but not
40 limited to,federal Community Development Block Grant Program
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I
10-1 funds, tax increment funds received by a redevelopment agency
2 of the community, and administrative fees received by a housing
3 authority operating within the community. In considering the use
4 of these financing and subsidy programs,the analysis shall identify
5 the amounts of funds under each available program which have
6 not been legally obligated for other purposes and which could be
7 available for use in preserving assisted housing developments.
8 (b) (1) A statement of the community's goals, quantified
9 objectives, and policies relative to the maintenance, preservation,
10 improvement,and development of housing for extremely low, very
11 low, low- and moderate-income households, and for any special
12 housing needs identified in paragraph (6) of subdivision (a).
13 (2) It is recognized that the total housing needs identified
14 pursuant to subdivision (a) may exceed available resources and
15 the community's ability to satisfy this need within the content of
16 the general plan requirements outlined in Article 5 (commencing
17 with Section 65300). Under these circumstances, the quantified
18 objectives need not be identical to the total housing needs. The
19 quantified objectives shall estimate the maximum number of
20 housing units for extremely low, very low, low- and
21 moderate-income categories,that can be constructed,rehabilitated,
22 and conserved over a ten-year time period.
23 (c) A program that sets forth a five-year schedule of actions the
24 local government is undertaking or intends to undertake to
25 implement the policies and achieve the goals and objectives of the
26 housing element through the administration of land use and
27 development controls, provision of regulatory concessions and
28 incentives, and the utilization of appropriate federal and state
29 financing and subsidy programs when available and the utilization
30 of moneys in a low- and moderate-income housing fund of an
31 agency if the locality has established a redevelopment project area
32 pursuant to the Community Redevelopment Law (Division 24
33 (commencing with Section 33000)of the Health and Safety Code).
34 In order to make adequate provision for the housing needs of all
35 economic segments of the community, the program shall do all of
36 the following:
37 (1) (A)Identify sites, as needed, to facilitate and encourage the
38 development of a variety of types of housing for all income levels,
39 including multifamily rental housing, factory-built housing,
40 manufactured homes, housing for agricultural employees,
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1 supportive housing, single-room occupancy units, emergency
2 shelters, and transitional housing.
3 (B) Identify policies and incentives to promote infill
4 development and the efficient use of land,including,but not limited
5 to,expedited permit processing,modified development standards,
6 and fee waivers.
7 (C) Where the inventory of sites pursuant to paragraph (3) of
8 subdivision (a) does not identify adequate sites to accommodate
9 the need for farmworker housing, the program shall provide for
10 sufficient sites to meet the need with zoning that permits
11 farmworker housing use by right, including density and
12 development standards that could accommodate and facilitate the
13 feasibility of the development of farmworker housing for low-and
14 very low income households.
15 (2) Assist in the development of adequate housing to meet the
16 needs of extremely low, very low, low-, and moderate-income
17 households.
18 (3) Address and,where appropriate and legally possible,remove
19 governmental constraints to the maintenance, improvement, and
20 development of housing, including housing for all income levels
21 and housing for persons with disabilities.The program shall remove
22 constraints to,-of and provide reasonable accommodations for
23 housing designed for, intended for occupancy by, or with
24 supportive services for, persons with disabilities.
25 (4) Conserve and improve the condition of the existing
26 affordable housing stock, which may include addressing ways to
27 mitigate the loss of dwelling units demolished by public or private
28 action.
29 (5) Promote housing opportunities for all persons regardless of
30 race, religion, sex, marital status, ancestry, national origin, color,
31 familial status, or disability.
32 (6) Preserve for lower income households the assisted housing
33 developments identified pursuant to paragraph (8) of subdivision
34 (a). The program for preservation of the assisted housing
35 developments shall utilize, to the extent necessary, all available
36 federal, state,and local financing and subsidy programs identified
37 in paragraph(8)of subdivision(a),except where a community has
38 other urgent needs for which alternative funding sources are not
39 available. The program may include strategies that involve local
40 regulation and technical assistance.
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1
12-1 (7) The program shall include an identification of the agencies
2 and officials responsible for the implementation of the various
3 actions and the means by which consistency will be achieved with
4 other general plan elements and community goals. The local
5 government shall make a diligent effort to achieve public
6 participation of all economic segments of the community in the
7 development of the housing element, and the program shall
8 describe this effort.
9 (d) Except as otherwise provided in this article,amendments to
10 this article that alter the required content of a housing element
11 shall apply to both of the following:
12 (1) A housing element or housing element amendment prepared
13 pursuant to subdivision(e)of Section 65588 or Section 65584.02,
14 where a city, county, or city and county submits a first draft to the
15 department for review pursuant to Section 65585 more than 90
16 days after the effective date of the amendment to this section.
17 (2) Any housing element or housing element amendment
18 prepared pursuant to subdivision (e) of Section 65588 or Section
19 65584.02,where the city,county,or city and county.fails to submit
20 the first draft to the department before the due date specified in
21 Section 65588 or 65584.02.
22 SEC. 5. Section 65583.2 of the Government Code is amended
23 to read:
24 65583.2. (a) A city's or county's inventory of land suitable
25 for residential development pursuant to paragraph (3) of
26 subdivision(a)of Section 65583 shall be used to identify sites that
27 can be developed for housing within the planning period and that
28 are sufficient to provide for the jurisdiction's entire share of the
29 regional housing need for all income levels pursuant to Section
30 65584 and to comply with the requirements of Section 65584.09.
31 As used in this section,"land suitable for residential development"
32 includes all of the following:
33 (1) Vacant sites zoned for residential use.
34 (2) Vacant sites zoned for nonresidential use that allows
35 residential development.
36 (3) Residentially zoned sites that are capable of being developed
37 at a higher density.
38 (4) Sites zoned for nonresidential use that can be redeveloped
39 for, and as necessary, rezoned for, residential use.
40 (b) The inventory of land shall include all of the following:
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1 (1) A listing of properties by parcel number or other unique
2 reference.
3 (2) The size of each property listed pursuant to paragraph (1),
4 and the general plan designation and zoning of each property.
5 (3) For nonvacant sites,a description of the existing use of each
6 property.
7 (4) A general description of any environmental constraints to
8 the development of housing within the jurisdiction, the
9 documentation for which has been made available to the
10 jurisdiction. This information need not be identified on a
11 site-specific basis.
12 (5) A general description of existing or planned water, sewer,
13 and other dry utilities supply,including the availability and access
14 to distribution facilities. This information need not be identified
15 on a site-specific basis.
16 (6) Sites identified as available for housing for above-moderate
17 income households in areas not served by public sewer systems.
18 This information need not be identified on a site-specific basis.
19 (7) A map that shows the location of the sites included in the
20 inventory, such as the land use map from the jurisdiction's general
21 plan for reference purposes only.
22 (c) Based on the information provided in subdivision(b), a city
23 or county shall determine whether each site in the inventory can
24 accommodate some portion of its share of the regional housing
25 need by income level during the planning period, as determined
26 pursuant to Section 65584. The analysis shall determine whether
27 the inventory can provide for a variety of types of housing,
28 including multifamily rental housing, factory-built housing,
29 mobilehomes, housing for agricultural employees, emergency
30 shelters, and transitional housing. The city or county shall
31 determine the number of housing units that can be accommodated
32 on each site as follows:
33 (1) If local law or regulations require the development of a site
34 at a minimum density, the department shall accept the planning
35 agency's calculation of the total housing unit capacity on that site
36 based on the established minimum density. If the city or county
37 does not adopt a law or regulations requiring the development of
38 a site at a minimum density, then it shall demonstrate how the
39 number of units determined for that site pursuant to this subdivision
40 will be accommodated.
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14-1 (2) The number of units calculated pursuant to paragraph (1)
2 shall be adjusted as necessary, based on the land use controls and
3 site improvements requirement identified in paragraph (4) of
4 subdivision (a) of Section 65583.
5 (3) The following densities shall be deemed app
6
7 (3) Sites identified to accommodate housing for lower income
8 households shall allow densities consistent with the following:
9 (A) For incorporated cities within nonmetropolitan counties and
10 for nonmetropolitan counties that have micropolitan areas: sites
11 allowing at least 15 units per acre.
12 (B) For unincorporated areas in all nonmetropolitan counties
13 not included in subparagraph (A): sites allowing at least 10 units
14 per acre.
15 (C) For suburban jurisdictions: sites allowing at least 20 units
16 per acre.
17 (D) For jurisdictions in metropolitan counties: sites allowing at
18 least 30 units per acre.
19 (d) For purposes of this section, metropolitan counties,
20 nonmetropolitan counties, and nonmetropolitan counties with
21 micropolitan areas are as determined by the United States Census
22 Bureau.Nonmetropolitan counties with micropolitan areas include
23 the following counties: Del Norte, Humboldt, Lake Mendocino,
24 Nevada, Tehama, and Tuolumne and such other counties as may
25 be determined by the United States Census Bureau to be
26 nonmetropolitan counties with micropolitan areas in the future.
27 (e) A jurisdiction is considered suburban if the jurisdiction does
28 not meet the requirements of subparagraphs (A) and (B) of
29 paragraph (3) of subdivision (c) and is located in a Metropolitan
30 Statistical Area(MSA)of less than 2,000,000 in population,unless
31 that jurisdiction's population is greater than 100,000, in which
32 case it is considered metropolitan. Counties,not including the City
33 and County of San Francisco, will be considered suburban unless
34 they are in a MSA of 2,000,000 or greater in population in which
35 case they are considered metropolitan.
36 (f) A jurisdiction is considered metropolitan if the jurisdiction
37 does not meet the requirements for"suburban area" above and is
38 located in a MSA of 2,000,000 or greater in population, unless
39 that jurisdiction's population is less than 25,000 in which case it
40 is considered suburban.
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1 (g) For sites described in paragraph (3) of subdivision (b), the
2 city or county shall specify the additional development potential
3 for each site within the planning period and shall provide an
4 explanation of the methodology used to determine the development
5 potential. The methodology shall consider factors including the
6 extent to which existing uses may constitute an impediment to
7 additional residential development, development trends, market
8 conditions, and regulatory or other incentives or standards to
9 encourage additional residential development on these sites.
10 (h) For purposes of this section and Section 65583, the phrase
11 "use by right" shall mean that the local government's review of
12 the owner-occupied or multifamily residential use may not require
13 a conditional use permit,planned unit development permit,or other
14 discretionary local government review or approval that would
15 constitute a "project" for purposes of Division 13 (commencing
16 with Section 21000)of the Public Resources Code.Any subdivision
17 of the sites shall be subject to all laws, including, but not limited
18 to, the local government ordinance implementing the Subdivision
19 Map Act.A local ordinance may provide that "use by right" does
20 not exempt the use from design review. However, that design
21 review shall not constitute a"project"for purposes of Division 13
22 (commencing with Section 21000)of the Public Resources Code.
23 Use by right for all rental multifamily residential housing shall be
24 provided in accordance with subdivision(0 of Section 65589.5.
25 SEC. 6. Section 65583.3 is added to the Government Code,to
26 read:
27 65583.3. (a) The city council or board of supervisors shall
28 designate and zone sites for residential use to accommodate the
29 jurisdiction's 10-year housing need from the sites identified
30 pursuant to subdivision (a) of Section 65583.2. The designation
31 and zoning shall be adopted and in effect on the same date the
32 housing element is required to be updated.The local government's
33 obligation to designate and zone sites to accommodate its share
34 of the region's 10-year housing need for lower income households
35 shall be satisfied by zoning sites to allow the specified minimum
36 number of units per acre,as identified in subparagraphs(A)to(D),
37 inclusive, of paragraph (3) of subdivision (c) of Section 65583.2.
38 The local government shall prepare, or cause to be prepared, an
39 environmental impact report in connection with the designation
40 and zoning required by this subdivision.The environmental impact
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16-1 report shall address potentially significant cumulative impacts,
2 growth inducing impacts, off-site impacts, and alternative sites.
3 (b) The city council or board of supervisors shall make a finding,
4 supported by substantial evidence in the record, that each site
5 designated and zoned pursuant to subdivision(a)will realistically
6 accommodate construction of the maximum number of units
7 allowed by the density range applicable to the site. The finding
8 shall be based on a showing that the site is appropriate in size,
9 configuration, physical characteristics, current use, physical and
10 environmental constraints, access, location, adjacent use, market
11 demand for the density and type of housing, current or planned
12 availability of infrastructure and services, and other relevant
13 planning criteria.
14 (c) Any approval sought in connection with a project that is
15 consistent with the designation and zoning on a site designated
16 and zoned pursuant to subdivision(a)shall be subject to the Permit
17 Streamlining Act(Chapter 4.5(commencing with Section 65920)).
18 (d) Any approval sought in connection with a project that is
19 consistent with the designation and zoning on a site designated
20 and zoned pursuant to subdivision (a) may not be denied or
21 conditioned on reducing the residential project's density below
22 that proposed by the applicant unless by four-fifths vote, the city
23 council or board of supervisors makes written findings pursuant
24 to subdivision 0)of Section 65589.5. For purposes of this section,
25 an abstention shall not count as an affirmative vote for purposes
26 of satisfying the four-fifths vote requirement. This provision shall
27 not create any inference regarding the effect of an abstention under
28 existing law in other situations.
29 (e) When a complete application has been submitted to develop
30 a project on a site designated and zoned pursuant to subdivision
31 (a), and the project is consistent with the designation and zoning,
32 the designation and zoning applicable to the site may not be
33 changed without the consent of the project applicant except by
34 four-fifths vote of the city council or board of supervisors after
35 making written findings pursuant to subdivision 0) of Section
36 65589.5.
37 (f) If a court finds that a local government has failed to comply
38 with the requirements of subdivision (a) or (b), the court shall
39 retain jurisdiction of the action and issue an order to the local
40 government requiring compliance within 120 days or a lesser
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1 period if the court determines that a lesser period is appropriate,
2 and shall award reasonable attorney's fees to the plaintiff or
3 petitioner. Nothing in this section shall be construed as limiting
4 any other remedy that may exist for a violation of this article,
5 including attorneys fees under Section 1021.5 of the Code of Civil
6 Procedure. The order shall also pfovide that development--of
7 affordable housing projeets on sites zoned to fulfill th%,I V%Juil�LIIV,,t
8 ,
9 , shall be to use by right as
10
11 "
12
13 limits for l "_ 11 households as established in Seet z
14 50079.5 of the Health attd Safety E3odt-.
15 ,that pafty
16 .
17 SEC. 7. Section 65588 of the Government Code is repealed.
18 SEC. 8. Section 65588 is added to the Government Code, to
19 read:
20 65588. (a) Each local government shall review its housing
21 element as frequently as appropriate to evaluate all of the
22 following:
23 (1) The effectiveness of the element including a review of the
24 results of goals, objectives, policies, and programs from the prior
25 planning period and an analysis of any difference between what
26 was planned from the prior planning period and what was actually
27 achieved.
28 (2) The appropriateness of the goals, objectives, policies, and
29 programs of the updated element based on the analysis of the
30 review of the results of the prior planning period. The goals,
31 objectives,policies,and programs of the element should be revised
32 to reflect the results of this review.
33 (b) The housing element shall be updated every five years. As
34 part of the five-year update,the city council or board of supervisors
35 shall make any necessary amendments to ensure that there are sites
36 designated and zoned pursuant to Section 65583.3 to accommodate
37 the jurisdiction's housing need for the next 10-year period, as
38 determined pursuant to Section 65584.
39 (c) Notwithstanding subdivision (b) or the date of adoption of
40 the housing element previously in existence, the date of the _ext
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18-1 ttpdate for the Itottsing element shall be modified as follows: each
2 local government shall revise its housing element according to the
3 following schedule.-
4
chedule:4 (1) Local governments within the regional jurisdiction of the
5 Southern California Association of Governments:
6 (2) Local governments within the regional jurisdiction of the
7 Association of Bay Area Governments:
8 (3) Local governments within the regional jurisdiction of the
9 Council of Fresno County Governments,the Kern County Council
10 of Governments, and the Sacramento Area Council of
11 Governments:
12 (4) Local governments within the regional jurisdiction of the
13 Association of Monterey Bay Area Governments:
14 (5) Local governments within the regional jurisdiction of the
15 San Diego Association of Governments:
16 (6) All other local governments:
17 SEC. 9. Section 65588.2 is added to the Government Code, to
18 read:
19 65588.2. All deadlines specified in this article are mandatory,
20 not directory. If a local government has not satisfied the
21 requirements of subdivisions (a) and(b) of Section 65583.3 with
22 respect to sites for extremely low, very low, and low-income
23 households by the required date specified in subdivision (a) of
24 Section 65583.3, development of affordable housing projects on
25 sites that are or will be zoned to fulfill the requirement to allow a
26 specified minimum number of units per acre, as specified in
27 subdivision (d) of Section 65583.2, shall be by right as defined in
28 subdivision (h) of Section 65583.2. The zoning and development
29 standards for these sites shall permit at least 16 units per site at
30 a density of at least 16 units per acre in jurisdictions described in
31 subparagraphs (A) and (B) of paragraph (3) of subdivision (c)
32 and at least 20 units per acre in jurisdictions described in
33 subparagraphs (C) and(D) of paragraph (3) of subdivision (c) of
34 Section 65583.2.At least 50 percent of the extremely low, very low
35 and low-income housing need shall be accommodated on sites
36 designated for residential use and for which nonresidential uses
37 or mixed-uses are not permitted. For purposes of this section,
38 "affordable housing project" means owner-occupied or rental
39 housing affordable to extremely low, very low, or low-income
40 households.
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1 SEC. 10. Section 65588.3 is added to the Government Code,
2 to read:
3 65588.3. Nothing in this article shall be interpreted to affect
4 existing law with respect to the planning, use, or development of
5 areas outside the sites designated and zoned pursuant to subdivision
6 (a) of Section 65583.3 or to establish any presumption regarding
7 the appropriate designation or use of those areas.
8 SEC. 11. Section 65860 of the Government Code is amended
9 to read:
10 65860. (a) County or city zoning ordinances shall be consistent
11 with the general plan of the county or city by the date of the next
12 housing element update,and thereafter.This deadline is mandatory,
13 not directory. A zoning ordinance shall be consistent with a city
14 or county general plan only if all of the following conditions are
15 met:
16 (1) The city or county has officially adopted such a plan.
17 (2) The various land uses authorized by the ordinance are
18 compatible with the objectives, policies, general land uses, and
19 programs specified in the plan.
20 (3) In the case of residential uses,the zoning allows development
21 at the density range specified in the general plan without the need
22 for any additional land use approval that is legislative or
23 quasi-legislative in nature.
24 (b) Any resident or property owner within a city or a county,
25 as the case may be, may bring an action or proceeding in the
26 superior court to enforce compliance with subdivision (a). Any
27 action or proceeding brought pursuant to this section shall be
28 governed by Chapter 2 (commencing with Section 1084) of Title
29 1 of Part 3 of the Code of Civil Procedure.No action or proceeding
30 shall be maintained pursuant to this section by any person unless
31 the action or proceeding is commenced and service is made on the
32 legislative body within 90 days of the enactment of any new zoning
33 ordinance or the amendment of any existing zoning ordinance,
34 except that a property owner may, at any time, bring an action to
35 require that the zoning on its property be made consistent with the
36 general plan. The petitioner in an action brought to enforce
37 compliance with subdivision (a) shall be entitled to reasonable
38 attorney's fees if the petitioner is the prevailing party.
39 (c) In the event that a zoning ordinance becomes inconsistent
40 with a general plan by reason of amendment to the plan, or to any
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20-1 element of the plan,the zoning ordinance shall be amended within
2 a reasonable time so that it is consistent with the general plan as
3 amended.
4 (d) Notwithstanding Section 65803, this section has statewide
5 implications and thereby shall apply to a charter city, charter
6 county, and charter city and county as well as general law cities
7 and counties.
8 SEC. 12. In connection with enacting the health or safety
9 findings requirements of Article 10.6 (commencing with Section
10 65580) of Chapter 3 of Division 1 of Title 7 of the Government
11 Code, the Legislature finds and declares that the Court of Appeal
12 opinion in Mira Development Corporation of San Diego v. City
13 of San Diego (1988) 205 Cal.App.3d 1201, is inconsistent with
14 the Legislature's intent that (a) the phrase "health or safety" be
15 construed narrowly and(b) that substantial evidence in support of
16 a health or safety finding be of ponderable legal significance,
17 reasonable in nature, credible, and of solid value in light of all of
18 the evidence in the record.
19 SEC. 13. No reimbursement is required by this act pursuant to
20 Section 6 of Article XIIIB of the California Constitution because
21 a local agency or school district has the authority to levy service
22 charges, fees, or assessments sufficient to pay for the program or
23 level of service mandated by this act,within the meaning of Section
24 17556 of the Government Code.
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