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HomeMy WebLinkAboutSUPPTL INFO - SB 303 SB 303 Senate Bill - AMENDED Page 1 of 24 BILL NUMBER: SB 303 AMENDED BILL TEXT AMENDED IN ASSEMBLY JUNE 25, 2007 AMENDED IN SENATE MAY 2, 2007 AMENDED IN SENATE APRIL 18, 2007 AMENDED IN SENATE APRIL 10, 2007 AMENDED IN SENATE MARCH 22, 2007 INTRODUCED BY Senator Ducheny FEBRUARY 16, 2007 An act to amend Sections 65301, 65563, 65564, 65582, 65583, 65583.2, 65584 .09, 65585 , 65587 , 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 land use planning , and making an appropriation therefor . LEGISLATIVE COUNSEL'S DIGEST SB 303, as amended, Ducheny. Local government: land use planning. (1) The Planning and Zoning Law requires a city, county, or city and county to adopt a comprehensive, long-term general plan for the physical development of the city, county, or city and county that addresses a number of elements, includinq, among other things, a housing and an open-space element . 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, except for the housing element , and would require each element, except for the housing , conservati on, and open-space elements, to be updated at least every �iro�c 10 y e a r s. --4�°rsr Th e bill would require the housing element to be updated ,— as specified, and would require the conservation element and the open-space element to be updated concurrently with the housing element. —�rta The bill would �T revise the open-space element � and require local qovernments to consider the quidelines adopted by the Office of Planning and Research . The bill would also define "regional housing need" and "existing and projected housing need" to mean the minimum amount of housing needed over the next 10-year period. (2) The Planning and Zoning 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 http://info.sen.ca.gov/pub/07-08/bill/sen/sb_0301-0350/sb_303_bill_20070625_amended_... 6/26/2007 SB 303 Senate Bill - AMENDED Page 2 of 24 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. (3) 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 , e�f-f i-c'r��rrt--+_}tere�l-a-i�e}�---�rrrel--t-a--b o�}�remo�T�ems��i-�t-3--t-e� , , • (4) 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 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 �ee��-h� permit specified densities to accommodate housing for lower income households. (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. This bill would require the city council or county board of supervisors to designate in its land use element sufficient land for residential use to accommodate the jurisdiction's 10-year housing need �ke , • � , � � , . By imposing additional duties upon local officials, this bill would create a state-mandated local program. (6) 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 http://info.sen.ca.gov/pub/07-08/bill/sen/sb_0301-0350/sb_303_bill_20070625_amended_... 6/26/2007 SB 303 Senate Bill - AMENDED Page 3 of 24 would also specify the , , dates that specific groups of local governments are required to u�date 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. (7) 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 errt-�retr��� The bill would authorize a property owner to bring an action in court to order a city, county, or city and county to perform a s�ecified action of the housing element within 60 days, as specified. --4�ri� The bill would also declare that these provisions have statewide implications and would apply these provisions to a charter city, charter county, and —c charter city and county, as —apec�if'reeF we11 as general law cities and counties . (8) The bill would also continuously appropriate the sum of 545,000,000 provided by the Housing and Emergency Shelter Trust Fund Act of 2006 for the purpose of establishing a revolving loan fvnd in the General Fund to assist cities and counties in funding the enhanced planning and environmental obligations esta.blished by this act. The bill would also require that the revolving loan fund be administered by the Office of Planning and Research through a specified repayment program. —fg.� (9) 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. http://info.sen.ca.gov/pub/07-08/bill/sen/sb_0301-0350/sb_303_bill_20070625_amended_... 6/26/2007 SB 303 Senate Bill - AMENDED Page 4 of 24 Vote: majority. Appropriation: —rrer- yes . Fiscal committee: yes. State-mandated local program: yes. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 65300. 1 is added to the Government Code, to read: 65300. 1. The Legislature finds and declares all of the following: (a) The lack of housing is a critical problem that threatens the economic prosperity, environment, and quality of life of California families. (b) The supply and cost of housing throughout the state is inextricably linked to the quantity of suitable and available land designated and zoned to allow residential development, and for that reason, designating and zoning land for housing is a matter of statewide concern. (c) Local governments shall utilize their land use authority in a manner that accommodates housing needs while meeting the objectives for comprehensive planning set forth in Section 65300. SEC. 2. Section 65301 of the Government Code is amended to read: 65301. (a) The general plan shall be so prepared that all or individual elements of it may be adopted by the legislative body, and so that it may be adopted by the leqislative body for all or part of the territory of the county or city and any other territory outside its boundaries that in its judgment bears relation to its planninq. The general plan may be adopted in any format deemed appropriate or convenient by the legislative body, includinq the combining of elements. The leqislative body may adopt all or part of a plan of another public agency in satisfaction of all or part of the requirements of Section 65302 if the plan of the other public agency is sufficiently detailed and its contents are appropriate, as determined by the legislative body, for the adopting city or county. (b) 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. The general plan and each of its elements shall encompass a planning and projection period of not less than 20 years, except for the housing element, which shall encompass a planning and projection period consistent with the regional housing need determined under Section 65584 . Each element shall be updated as necessary not less than every 10 years, except for the housing element, which shal.l be updated as provided in Article 10. 6 (commencing with Section 65580) , and the conservation and open-space elements that shall be updated concurrently with updating the housing element. Nothing in this subdivision is intended to require a local government to designate or zone land for residential use beyond the requirements set forth in subdivision (a) of Section 65583. 3. (c) The general plan shall address each of the elements specified in Section 65302 to the extent that the subject of the element exists in the planning area. The degree of specificity and level of detail of the discussion of each element shall reflect local conditions and circumstances. However, this section shall not affect the requirements of subdivision (c) of Section 65302, nor be construed to expand or limit the authority of the Department of Housing and Community Development to review housing elements pursuant to Section 65585 or Section 50459 of the Health and Safety Code. (d) The requirements of this section shall apply to charter cities. SEC. 3. Section 65563 of the Government Code is amended to read: http://info.sen.ca.gov/pub/07-08/bi11/sen/sb_0301-0350/sb_303_bi11_20070625_amended_... 6/26/2007 SB 303 Senate Bill - AMENDED Page 5 of 24 65563. (a) Each city, county, or city and county shall prepare, adopt and submit to the Secretary of the Resources Agency—a ��=�— an open-space element for the comprehensive and long-range preservation and conservation of open-space land within its jurisdiction. , � � (b) On^and after January 1, 2008, the open-space element shall , . � . be prepared and upda ted every fi ve yea rs. (c) Nothing in the open-space element adopted pursuant to this chapter shall preclude or constrain the locality from accommodatinq its share of the regional housing need allocation pursuant to Sectior; 65584, includinq the requirements to identify and make available adequate sites to accommodate the local jurisdiction 's regional housing need allocation pursuant to Sections 65583 and 65583.2. SEC. 4 . Section 65569 of the Government Code is amended to read: �,=;-�-T� 65564. (a) In addition to any other requirement for an open-space element under this chapter, every open-space element shall include all of the followinq: (1) An inventory of open-space land. The inventory shall include identification of any open-space land su6ject to a Williamson Act contract scheduled to expire in the next 10-year period. (2) A statement of goals, policies, financial resources, and scheduled programs for the acquisition, preservation, and maintenance of open-space land. (3J A program that sets forth actions the 1oca1 government is undertakinq to implement the policies and objectives of the open-space element. (4) An analysis of the adequacy of open-space land for all economic segments of the commvnity, includinq those traditionally underserved by open-space Iand, and sha11 include a specific program for addressing identified inadequacies. (5) An analysis of the implementation and effectiveness of the policies and standards for parks and recreation facilities described in paraqraph (3) of subdivision (b) of Section 66477. (6) An analysis of the implementation and effectiveness of the schedule for developing park and recreation facilities described in paraqraph (6) of subdivision (b) of Section 66477. (b) For purposes of this section, "open-space land" means land as defined in paragraph (2) or (3) of subdivision (b) of Section 65560. http://info.sen.ca.gov/pub/07-08/bill/sen/sb_0301-0350/sb_303_bill_20070625_amended_... 6/26/2007 SB 303 Senate Bill - AMENDED Page 6 of 24 SEC. 5. Section 65569 . 1 is added to the Government Code, to read: � , � , � � , QCt]�-�'tL�=r_rr-ri-C � CC3-t0��'tCSr��t'C�� cerre�'t crr��T , , , , , , , , � • , , � , , , , , , f-n�rri�'re� ea�t�rf�cm�c�e—Fte-er . , ' - - -- --- _--- -_ , � http://info.sen.ca.gov/pub/07-08/bill/sen/sb_0301-0350/sb_303_bill_20070625_amended_... 6/26/2007 SB 303 Senate Bill - AMENDED Page 7 of 24 , , , , , , , , � , , , . . , ' er,�=�-;-=r-e�i7rr�tt-e--�Fre-m3�ri�rtrnrr�mnti�tr-c� , , , e�cn-�'Fe'ce�nd-rrtce�-t+rrrt-e�d--rro* - -------- - , , , , � , . � C�fT�Ql�Y-9mrrr—r�}C7Y�1�—�'tt-Co � ac« � , r � i . � i r i � i . . ' http://info.sen.ca.gov/pub/07-08/bill/sen/sb 0301-0350/sb 303 bill 20070625 amended ... 6/26/2007 SB 303 Senate Bill - AMENDED Page 8 of 24 , , , , , , , , , , , , , ��-�6—�ccr're�n—G5�56� ,� i'�-e�r��}G�C CF-tC�I7C--6 C tl CTPttRC1Y�EC�C�t� r r i • r r � i i i i �?t�''"r_� r i i http://info.sen.ca.gov/pub/07-08/bill/sen/sb_0301-0350/sb_303_bill_20070625_amended_... 6/26/2007 SB 303 Senate Bill - AMENDED Page 9 of 24 �-� . . . , . , � . . , , , —S£��6—�ee�tetr-6��-fr�-r�—;�—Te}e}eel--�e--c-rrc-6e n�e�r-rtmerrt—Ee��ztac� � � . / . . . , . . . , , , � , , • , , �e�rre�t�r. , , http://info.sen.ca.gov/pub/07-08/bill/sen/sb_0301-0350/sb_303_bill_20070625_amended_... 6/26/2007 SB 303 Senate Bill - AMENDED Page 10 of 24 , t�renr- , nr�--i-t-n„t�- . ' � �� �E E-��ccrtorr-6��-fr§-r6-�s�re}e}cc�-tb Ev e}c,��iza� ��` � , , �_L_ ____J TTl�1T'�T / / / • / / . . ' �-�'t��`C���9--8 t ` - - ----- - , r . ' ��E', 1 i , ��cct-�ter�--6��-fr�-;—;�-*reteF�e}-�o-th�c-�c n crr�rrrerr�- , ---- : . . , . . , . � � 65564.1. In the preparation of its open-space element, each city, county, or city and county shall consider the quidelines adopted by the Office of Planning and Research pursuant to Section 65040.2. Those guidelines shall be advisory to each city or county in the http://info.sen.ca.gov/pub/07-08/bill/sen/sb_0301-0350/sb_303_bill_20070625_amended_... 6/26/2007 SB 303 Senate Bill - AMENDED Page 11 of 24 preparation of its open-space element. �EE—��. SEC. 6. Section 65582 of the Government Code is amended to read: 65582. As used in this article: (a) "Community, " "locality, " "local government, " or "jurisdiction" means a city, city and county, or county. (b) "Council of governments" means a single or multicounty council created by a joint powers agreement pursuant to Chapter 5 (commencing with Section 6500) of Division 1 of Title 1. (c) "Department" means the Department of Housing and Community Development. (d) "Housing element" or "element" means the housing element of the community's general plan, as required pursuant to this article and subdivision (c) of Section 65302. (e) "Planning period" means the five-year period that begins on the date that is two years after the date the final allocation plan is adopted pursuant to Section 65584 .05. (f) "Regional housing need" and "existing and projected housing need" mean the minimum amount of housing needed over the next 10-year period. �— SEC. 7. 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 developRient 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, including extremely low income households, as defined in subdivision (b) of Section 50105 and Section 50106 of the Health and Safety Code. These existing and projected needs shall include the locality's share of the regional housing need in accordance with Section 65584 . Local agencies shall calculate the subset of ver.y low income households allotted under Section 65589 that qualify as extremely low income households. The local agency may either use available census data to calculate the percentage of very low income households that qualify as extremely low income households or presume that 50 percent of the very low income households qualify as extremely low income households. The number of extremely low income households and very low income households shall equal the jurisdiction's allocation of very low income households pursuant to Section 65589 . (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, consistent with the requirements of Section 65583.2. (4) An analysis of potential and actual governmental constraints http://info.sen.ca.gov/pub/07-08/bill/sen/sb_0301-0350/sb_303_bill_20070625_amended_... 6/26/2007 SB 303 Senate Bill - AMENDED Page 12 of 24 upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c) , 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, mortgaqe 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 housinq 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 subparaqraph 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 http://info.sen.ca.gov/pub/07-08/bill/sen/sb_0301-0350/sb_303_bill_20070625_amended_... 6/26/2007 SB 303 Senate Bill - AMENDED Page 13 of 24 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 leqally obligated for other purposes and which could be available for use in preservinq 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 for extremely low, very low, low- and moderate-income households, and for any special housing needs identified in paragraph (6) of subdivision (a) . (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 sha11 estimate the maximum number of housing units for extremely low, very low, low- and moderate-income categories, that can be constructed, rehabilitated, and conserved over a five-year time period. (c) A program that sets forth a five-year schedule of actions the 1oca1 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 proqram shall do all of the following: . fr5-5-6-Q--�9-- , , , � , , , , , , , (1) Identify actions that sha11 be taken during the first year of the planninq period beginning on the date specified in subdivision (e) of Section 65588 to (A) make sites available with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city's or county's share of the regional housinq need for each income level that could not be accommodated on sites identified in the inventory cornpleted pursuant to paragra�h (3) of subdivision (a) without rezoning or other chanqe in land use desiqnation, and (B) comply with the requirements of Section 65584. 09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housinq for http://info.sen.ca.gov/pub/07-08/bill/sen/sb_0301-0350/sb_303_bill_20070625_amended_... 6/26/2007 SB 303 Senate Bill - AMENDED Page 14 of 24 all income levels, including multifamily rental housing, factory-built housing, mobilehomes, hovsing for aqricultural employees, svpportive housing sinqle-room occupancy units, emergef�cy shelters, and transitional housinq. �� (A) 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 identify sites that shall be made available during the first year of the planning period , beginninq on the date specified in subdivision (e) of Section 65588, and that can be developed for housing within the planning period pursuant to subdivision (h) of Section 65583.2. �� (B) In identifying sites, maximize opportunities for infill, redevelopment, and brownfields sites for housing for all levels of income. �� (C) 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. (2) Assist in the development of adequate housing to meet the needs of extremely low, very low, 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, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. (9) 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, reliqion, sex, marital status, ancestry, national origin, color, familial status, or disability. (6) 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. (7) The program shall specify the date by which each action shall be implemented and shall include an identification of the aqencies 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. http://info.sen.ca.gov/pub/07-08/bill/sen/sb_0301-0350/sb_303_bill_20070625_amended_... 6/26/2007