HomeMy WebLinkAbout10O AB2702 (Steinberg) - HousingCITY OF PALM DESERT
COMMUNITY SERVICES DEPARTMENT
STAFF REPORT
REQUEST: REQUEST FOR CONSIDERATION OF LEGISLATIVE REVIEW
COMMITTEE ACTION ON AB2702 (STEINBERG) AT ITS MEETING
OF MARCH 16, 2004.
DATE: April 8, 2004
CONTENTS: AB2702 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 AB2702 (Steinberg) relative to housing.
Executive Summary:
Passage of AB2702 would require local agencies to permit second -units in all residential
zones.
Background:
Passage of AB2702, a revised bill authored by the same Legislator as AB1221, which the
City of Palm Desert previously opposed, would delete current requirements for creation of
second -units in residential districts and to adopt ordinances to permit these second -units in
all residential zones. This bill would authorize local agencies to impose greater restrictions
on second -units in non-residential zones and would specify that a local agency may not
totally preclude second -units unless the ordinance contains findings based on substantial
evidence.
Because the City of Palm Desert opposes any measure that removes local control from the
manner in which it conducts its day to day business and because the City has, in the past,
vehemently opposed bills introduced that are similar in spirit, the Legislative Review
AB2702 Housing
April 8, 2004
Page 2
Committee recommends that the City Council oppose AB2702 and direct staff to prepare a
letter stating that position to appropriate Legislators for the Mayor's signature.
PATRICIA SCULLY
SENIOR MANAGEMENT ANALY
SHEILA R. G LIG
ASSISTANT CITY
AGER
PAUL GIBSON
DIRECTOR OF FINANCE/
CITY TREASURER
OS L. ORTEG
ANAGER
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In bill text the following has special meaning
underline denotes added text
2003 CA A 2702
AUTHOR: Steinberg
VERSION: Introduced
VERSION DATE: 02/20/2004
ASSEMBLY BILL
No. 2702
INTRODUCED BY Assembly Member Steinberg
FEBRUARY 20, 2004
An act to amend Section 65583 of, to add Sections 65852.8 and 65917.1 to, and to repeal Section
65852.2 of, the Government Code, relating to housing.
LEGISLATIVE COUNSEL'S DIGEST
AB 2702, as introduced, Steinberg. Housing: second units.
(1) The Planning and Zoning Law requires the housing element of the general plan of a city or county
to include, among other things, a program with a 5-year schedule of actions that the local government is
undertaking or intends to undertake to implement the goals and objectives of the housing element. The
program is also required to provide for sufficient sites with zoning that permits owner -occupied and
rental multifamily residential use by right.
This bill would revise the definition of the phrase "use by right" as specified and state that the changes
are declaratory of existing law.
(2) The Planning and Zoning Law authorizes a local agency to provide by ordinance for the creation
of 2nd units on parcels zoned for a primary single-family and multifamily residence. When the local
agency has not adopted an ordinance, it is required to grant a variance or special use permit for the
creation of a 2nd unit that complies with statutory requirements but may require the applicant to be an
owner -occupant. Existing law specifies the floor area of a permitted 2nd unit and parking requirements.
This bill would, instead, delete the above requirements and require local agencies to adopt ordinances
to permit 2nd units in all residential zones pursuant to specified criteria, but would authorize local
agencies to impose greater restrictions on 2nd units in a nonresidential zone. The bill would also provide
that a local agency may not totally preclude 2nd units unless the ordinance contains findings based on
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substantial evidence. as specified.
The bill would prohibit a local agency from adopting an ordinance that requires an applicant or
occupant of a 2nd unit or principal dwelling unit to be an owner -occupant or his or her dependent or a
caregiver for the owner or dependent or that restricts the rent or income of occupants of 2nd units or that
limits occupancy based on familial status or age. The bill would also prohibit a local agency from
establishing minimum and maximum unit size requirements for attached and detached 2nd units below
600 livable square feet unless requested by the owner and would revise the parking requirements for 2nd
units.
(3) The Planning and Zoning Law also requires, when a developer of housing proposes a housing
development within the jurisdiction of the local government, that the city. county, or city and county
provide the developer with incentives or concessions for the production of lower income housing units
within the development if the developer meets certain requirements.
The bill would provide. with respect to those incentives, that multifamily and single-family residential
use is a permitted use on any parcel zoned and developed for primary or secondary education and
residential uses. By increasing the duties of local public officials, the bill would impose a state -
mandated local program.
(4) 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.
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
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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,
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.
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(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, 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
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 that the use does not require a
conditional use permit or a planned unit development permit., except when the proposed project is a
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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 (f) of Section
65589.5. The amendments to this subparagraph made by the act adding this sentence are declaratory of
existing law.
(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, and local 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
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. Section 65852.2 of the Government Code is repealed.
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5 (commencing with Section 6600(4).
65589.5.
it" means an attact. i-vr-irtici n nit which prov_a_&Wp'_ctc
(A) An efficiency -nit, as defined in Sectren 17948.1 of Health and Safety Code.
(j) Nothing ifrthi3 3cction shall be con3trued to 3uper3cdc or in any way alter or Ic3scn the effect or
SEC. 3. Section 65852.8 is added to the Government Code, to read:
65852.8. (a) Local agencies shall adopt ordinances to permit second units in all residential zones
pursuant to this section, but may impose greater restrictions on second units in a nonresidential zone.
(1) No ordinance may totally preclude second units within single-family or multifamily zoned areas
unless the ordinance contains findings based on substantial evidence acknowledging that the ordinance
may limit housing opportunities of the region and further contains findings based on substantial
evidence that specific adverse impacts on the public health and safety, as defined in paragraph (2) of
subdivision (d) of Section 65589.5, that would result from allowing second units within single-family
and multifamily zoned areas justify adopting the ordinance.
(2) Local governments shall apply appropriate standards as defined in Section 65913.1, and those
standards shall be written. objective, and adopted by the local government.
(3) Local agency requirements relating to height, setback, lot coverage, architectural review, site plan
review, lot size, fees, charges, and other requirements generally applicable to single-family residential
construction in the zone in which the property is located may not unreasonably restrict an owner's right
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to construct and maintain a second unit on his or her property.
(4) No local agency may require any of the following:
(A) An owner or his or her dependent or caregiver to occupy the primary dwelling or second unit.
(B) The familial status, or age of the occupants of either unit to be restricted.
(5) Nothing in this section shall prohibit a city, county, or city and county from regulating or
prohibiting transient use of second units in which rent is charged and collected on a daily basis.
(b) A local agency may not establish minimum and maximum unit size requirements for attached and
detached second units below 600 livable square feet unless requested by the owner.
(c) Parking requirements for second units shall not exceed one parking space per unit or per bedroom.
Covered parking may not be required. Off-street parking shall be permitted in setback areas in locations
determined by the local agency or through tandem parking, unless specific findings are made that
parking in setback areas or tandem parking is not feasible based upon specific site or regional,
topographical or fire and life safety conditions, or that it is not permitted anywhere else in the
jurisdiction.
(d) Fees charged for the construction of second units shall be determined in accordance with Chapter
5 (commencing with Section 66000).
(e) Except as provided in subdivision (b), this section does not limit the authority of local agencies to
adopt less restrictive requirements for the creation of second units.
(f) Local agencies shall submit a copy of the ordinance or ordinances adopted pursuant to subdivision
(a) to the Department of Housing and Community Development within 60 days after adoption.
(g) As used in this section, the following terms apply:
(1) "Local agency" means a city, county, or city and county, whether general law or chartered.
(2) "Second unit" means an attached or a detached residential dwelling unit which provides complete
independent living facilities for one or more persons. It shall include permanent provisions for living,
sleeping, eating. cooking, and sanitation on the same parcel as the single-family dwelling is situated. A
second unit also includes any of the following:
(A) An efficiency unit, as defined in Section 17958.1 of Health and Safety Code.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code.
(h) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or
application of the California Coastal Act (Division 20 (commencing with Section 30000) of the Public
Resources Code), except that the local government shall not be required to hold public hearings for
coastal development permit applications for second units.
SEC. 4. Section 65917.1 is added to the Government Code, to read:
65917.1. When a school district agrees to allow multifamily or a single-family residential use on the
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school district's property. the residential density permitted on the parcel is the highest multifamily
residential density permitted on any parcel within 300 feet plus any density bonus mandated by Section
65915. If there is no multifamily residential use permitted within 300 feet, the permitted residential
density on the parcel being developed for primary or secondary education and residential uses is the
highest multifamily residential density allowable in the community plan area.
SEC. 5. 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.
Copyright 2004 State Net. All Rights Reserved.
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