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
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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 ,
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(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
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. 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
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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.
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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:
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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.
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(b) On^and after January 1, 2008, the open-space element shall
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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:
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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.
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SEC. 5. Section 65569 . 1 is added to the Government Code, to read:
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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
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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
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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
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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:
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(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
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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.
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(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.
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(B) In identifying sites, maximize opportunities for
infill, redevelopment, and brownfields sites for housing for all
levels of income.
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(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