HomeMy WebLinkAboutAB2264 (Chavez) - Housing-X- t\A
CITY OF PALM DESERT
COMMUNITY SERVICES DEPARTMENT
STAFF REPORT
REQUEST: REQUEST FOR CONSIDERATION OF LEGISLATIVE REVIEW
COMMITTEE ACTION ON AB2264 (CHAVEZ) AT ITS MEETING OF
MARCH 16, 2004.
DATE: April 8, 2004
CONTENTS: AB2264 LANGUAGE
Recommendation:
By Minute Motion, concur with the action taken by the Legislative Review Committee at its
meeting of March 16, 2004, and direct staff to prepare a letter of opposition for the Mayor's
signature with regard to AB2264 (Chavez) relative to housing.
Executive Summary:
Passage of AB2264 would require that an analysis and a program to identify available
private funds for affordable housing be prepared.
Background:
Current law requires the housing element of a city general plan to contain an assessment
of housing needs, including an analysis of available governmental subsidy programs
relative to preservation of affordable housing and a program to implement the policies in
the housing element. In addition, the California Constitution requires the State to
reimburse local agencies and school districts for certain costs mandated. If passed,
AB2264 would require that a program to identify available private funds for affordable
housing be created, thereby creating a State mandated local program by imposing new
duties on local agencies. If the Commission on State Mandates determines that this bill
contains costs mandated by the State, reimbursements for those costs shall be made
pursuant to the statutory provision.
The spirit of this bill is already in place and requiring local agencies to analyze and develop
programs to submit to the State will require staff time and attendant funding, which may not
be available. Therefore, the Legislative Review Committee recommends that the City
AB2264 Housing
April 8, 2004
Page 2
Council oppose AB2264 and direct staff to prepare a letter stating that position to
appropriate Legislators for the Mayor's signature.
PATRICIA SCULLY
PAUL GIBSON
SENIOR MANAGEMENT A YST DIRECTOR OF FINANCE/
CITY TREASURER
SHEILA R.
ASSISTANT CITY AGER
S L. ORTEGA
ANAGER
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In bill text the following has special meaning
underline denotes added text
2003 CA A 2264
AUTHOR: Chavez
VERSION: Introduced
VERSION DATE: 02/19/2004
ASSEMBLY BILL
No. 2264
INTRODUCED BY Assembly Member Chavez
FEBRUARY 19, 2004
An act to amend Section 65583 of the Government Code, relating to housing.
LEGISLATIVE COUNSEL'S DIGEST
AB 2264, as introduced, Chavez. General plan: housing element.
(1) Existing law requires the housing element of a city or county general plan to contain an
assessment of housing needs, including an analysis of available governmental subsidy programs relative
to preservation of affordable housing, and a program to implement the policies in the housing element.
This bill would require that analysis and program to also identify available private funds, thereby
creating a state -mandated local program by imposing new duties on local agencies.
(2) 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, including the creation of a State Mandates Claims Fund to pay the costs of mandates
that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed
$1,000,000.
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: no. Fiscal committee: yes. State -mandated local program: yes.
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THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 65583 of the Government Code is amended to read:
65583. The housing element shall consist of an identification and analysis of existing and projected
housing needs and a statement of goals, policies, quantified objectives, financial resources, and
scheduled programs for the preservation, improvement, and development of housing. The housing
element shall identify adequate sites for housing, including rental housing, factory -built housing. and
mobilehomes. and shall make adequate provision for the existing and projected needs of all economic
segments of the community. The element shall contain all of the following:
(a) An assessment of housing needs and an inventory of resources and constraints relevant to the
meeting of these needs. The assessment and inventory shall include all of the following:
(1) An analysis of population and employment trends and documentation of projections and a
quantification of the locality's existing and projected housing needs for all income levels. These existing
and projected needs shall include the locality's share of the regional housing need in accordance with
Section 65584.
(2) An analysis and documentation of household characteristics, including level of payment compared
to ability to pay, housing characteristics, including overcrowding, and housing stock condition.
(3) An inventory of land suitable for residential development, including vacant sites and sites having
potential for redevelopment, and an analysis of the relationship of zoning and public facilities and
services to these sites.
(4) An analysis of potential and actual governmental constraints upon the maintenance, improvement,
or development of housing for all income levels and for persons with disabilities as identified in the
analysis pursuant to paragraph (6), including land use controls, building codes and their enforcement,
site improvements. fees and other exactions required of developers, and local processing and permit
procedures. The analysis shall also demonstrate local efforts to remove governmental constraints that
hinder the locality from meeting its share of the regional housing need in accordance with Section 65584
and from meeting the need for housing for persons with disabilities identified pursuant to paragraph (6).
(5) An analysis of potential and actual nongovernmental constraints upon the maintenance,
improvement, or development of housing for all income levels, including the availability of financing,
the price of land, and the cost of construction.
(6) An analysis of any special housing needs, such as those of the elderly, persons with disabilities,
large families. farmworkers, families with female heads of households, and families and persons in need
of emergency shelter.
(7) An analysis of opportunities for energy conservation with respect to residential development.
(8) An analysis of existing assisted housing developments that are eligible to change from low-
income housing uses during the next 10 years due to termination of subsidy contracts, mortgage
prepayment, or expiration of restrictions on use. "Assisted housing developments," for the purpose of
this section, shall mean multifamily rental housing that receives governmental assistance under federal
programs listed in subdivision (a) of Section 65863.10, state and local multifamily revenue bond
programs, local redevelopment programs, the federal Community Development Block Grant Program,
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or local in -lieu fees. "Assisted housing developments" shall also include multifamily rental units that
were developed pursuant to a local inclusionary housing program or used to qualify for a density bonus
pursuant to Section 65916.
(A) The analysis shall include a listing of each development by project name and address, the type of
governmental assistance received, the earliest possible date of change from low-income use and the total
number of elderly and nonelderly units that could be lost from the locality's low-income housing stock
in each year during the 10-year period. For purposes of state and federally funded projects, the analysis
required by this subparagraph need only contain information available on a statewide basis.
(B) The analysis shall estimate the total cost of producing new rental housing that is comparable in
size and rent levels, to replace the units that could change from low-income use, and an estimated cost of
preserving the assisted housing developments. This cost analysis for replacement housing may be done
aggregately for each five-year period and does not have to contain a project -by -project cost estimate.
(C) The analysis shall identify public and private nonprofit corporations known to the local
government which have legal and managerial capacity to acquire and manage these housing
developments.
(D) The analysis shall identify and consider the use of all federal, state, and local financing and
subsidy programs which can be used to preserve, for lower income households, the assisted housing
developments, identified in this paragraph, including, but not limited to, federal Community
Development Block Grant Program funds, tax increment funds received by a redevelopment agency of
the community, private funds, and administrative fees received by a housing authority operating within
the community. In considering the use of these financing and subsidy programs, the analysis shall
identify the amounts of funds under each available program which have not been legally obligated for
other purposes and which could be available for use in preserving assisted housing developments.
(b) (1) A statement of the community's goals, quantified objectives, and policies relative to the
maintenance, preservation, improvement, and development of housing.
(2) It is recognized that the total housing needs identified pursuant to subdivision (a) may exceed
available resources and the community's ability to satisfy this need within the content of the general plan
requirements outlined in Article 5 (commencing with Section 65300). Under these circumstances, the
quantified objectives need not be identical to the total housing needs. The quantified objectives shall
establish the maximum number of housing units by income category that can be constructed,
rehabilitated, and conserved over a five-year time period.
(c) A program which sets forth a five-year schedule of actions the local government is undertaking or
intends to undertake to implement the policies and achieve the goals and objectives of the housing
element through the administration of land use and development controls, provision of regulatory
concessions and incentives, and the utilization of appropriate federal and state financing and subsidy
programs when available and the utilization of moneys in a low- and moderate -income housing fund of
an agency if the locality has established a redevelopment project area pursuant to the Community
Redevelopment Law (Division 24 (commencing with Section 33000) of the Health and Safety Code). In
order to make adequate provision for the housing needs of all economic segments of the community, the
program shall do all of the following:
(1) (A) Identify adequate sites which will be made available through appropriate zoning and
development standards and with services and facilities, including sewage collection and treatment,
domestic water supply, and septic tanks and wells, needed to facilitate and encourage the development
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of a variety of types of housing for all income levels, including multifamily rental housing, factory -built
housing, mobilehomes. housing for agricultural employees, emergency shelters, and transitional housing
in order to meet the community's housing goals as identified in subdivision (b).
(i) Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify
adequate sites to accommodate the need for groups of all household income levels pursuant to Section
65584, the program shall provide for sufficient sites with zoning that permits owner -occupied and rental
multifamily residential use by right, including density and development standards that could
accommodate and facilitate the feasibility of housing for very low and low-income households.
(ii) Where the inventory of sites pursuant to paragraph (3) of subdivision (a) does not identify
adequate sites to accommodate the need for farmworker housing, the program shall provide for
sufficient sites to meet the need with zoning that permits farmworker housing use by right, including
density and development standards that could accommodate and facilitate the feasibility of the
development of farmworker housing for low- and very low income households.
(B) For purposes of this paragraph, the phrase "use by right" shall mean the use does not require a
conditional use permit, except when the proposed project is a mixed -use project involving both
commercial or industrial uses and residential uses. Use by right for all rental multifamily residential
housing shall be provided in accordance with subdivision (0 of Section 65589.5.
(C) The requirements of this subdivision regarding identification of sites for farmworker housing shall
apply commencing with the next revision of housing elements required by Section 65588 following the
enactment of this subparagraph.
(2) Assist in the development of adequate housing to meet the needs of low- and moderate -income
households.
(3) Address and, where appropriate and legally possible, remove governmental constraints to the
maintenance, improvement, and development of housing, including housing for all income levels and
housing for persons with disabilities. The program shall remove constraints to, or provide reasonable
accommodations for housing designed for, intended for occupancy by, or with supportive services for,
persons with disabilities.
(4) Conserve and improve the condition of the existing affordable housing stock, which may include
addressing ways to mitigate the loss of dwelling units demolished by public or private action.
(5) Promote housing opportunities for all persons regardless of race, religion, sex, marital status,
ancestry, national origin, color, familial status, or disability.
(6) (A) Preserve for lower income households the assisted housing developments identified pursuant
to paragraph (8) of subdivision (a).
The program for preservation of the assisted housing developments shall utilize, to the extent
necessary, all available federal, state. a -local , and private_ financing and subsidy programs identified
in paragraph (8) of subdivision (a), except where a community has other urgent needs for which
alternative funding sources are not available. The program may include strategies that involve local
regulation and technical assistance.
(B) The program shall include an identification of the agencies and officials responsible for the
implementation of the various actions and the means by which consistency will be achieved with other
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general plan elements and community goals. The local government shall make a diligent effort to
achieve public participation of all economic segments of the community in the development of the
housing element, and the program shall describe this effort.
(d) The analysis and program for preserving assisted housing developments required by the
amendments to this section enacted by the Statutes of 1989 shall be adopted as an amendment to the
housing element by July 1, 1992.
(e) Failure of the department to review and report its findings pursuant to Section 65585 to the local
government between July 1, 1992, and the next periodic review and revision required by Section 65588,
concerning the housing element amendment required by the amendments to this section by the Statutes
of 1989, shall not be used as a basis for allocation or denial of any housing assistance administered
pursuant to Part 2 (commencing with Section 50400) of Division 31 of the Health and Safety Code.
SEC. 2. Notwithstanding Section 17610 of the Government Code, 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. If the statewide cost of the claim for reimbursement
does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates
Claims Fund.
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