Local planning: housing element: inventory of land for residential development.
Summary
Existing law, the Planning and Zoning Law, requires each city, county, and city and county to prepare and adopt a general plan that contains certain mandatory elements, including a housing element. Existing law requires the housing element to contain, among other things, an inventory of land suitable for residential development, including vacant sites and sites having the potential for redevelopment. This bill would require the inventory of land to be available for residential development in addition to being suitable for residential development and to include vacant sites and sites that have realistic and demonstrated potential for redevelopment during the planning period to meet the locality's housing need for a designated income level. By imposing new duties upon local agencies with respect to the housing element of the general plan, this bill would impose a state-mandated local program. Existing law requires the inventory of land to include, among other things, a listing of properties by parcel number or other unique reference and a general description of existing or planned water, sewer, and other dry utilities supply, including the availability and access to distribution facilities. Existing law specifies that this information does not need to be identified on a site-specific basis. This bill would instead require the listing of properties to be by assessor parcel number and require parcels included in the inventory to have sufficient water, sewer, and dry utilities supply available and accessible to support housing development or be included in an existing general plan program or other mandatory program or plan to secure sufficient water, sewer, and dry utilities supply to support housing development. By imposing new duties upon local agencies with respect to the housing element of the general plan, this bill would impose a state-mandated local program. Existing law requires the housing element to contain a program that sets forth a schedule of actions during the planning period that the local government is undertaking, or intends to undertake, to implement the policies and achieve the goals and objectives of the housing element. Existing law requires a city or county, based on the inventory of land, to determine whether each site in the inventory can accommodate some portion of its share of the regional housing need, as specified. This bill would also require the inventory to specify for each site the number of units that can realistically be accommodated on that site and whether the site is adequate to accommodate lower income housing, moderate-income housing, or above moderate-income housing, as specified. By imposing new duties upon local agencies with respect to the housing element of the general plan, this bill would impose a state-mandated local program. Existing law requires a city or county, for specified sites, to specify additional development potential for each site within the planning period and to provide an explanation of the methodology used to determine the development potential. Existing law requires the methodology to consider specified factors, including the extent to which existing uses may constitute an impediment to additional residential development, development trends, market conditions, and regulatory or other incentives or standards to encourage additional residential development on these sites. This bill would require the methodology to consider, among other things, the city's or county's past experience with converting existing uses to higher density residential development, the current demand for the existing use, and an analysis of existing leases or other contracts that would perpetuate the existing use or prevent redevelopment, as specified. By imposing new duties upon local agencies with respect to the housing element of the general plan, this bill would impose a state-mandated local program. Existing law requires the program to accommodate 100% of the allocated very low and low-income housing need for which site capacity has not been identified. Existing law requires these sites to be zoned to permit owner-occupied and rental multifamily residential use by right and to be zoned with specified minimum density and development standards. This bill would restrict the use by right of these sites to developments in which at least 20% of the units are affordable to lower income households during the planning period and require these sites to have sufficient water, sewer, and other dry utilities available and accessible or be included in an existing general plan program or other mandatory program or plan to secure sufficient water, sewer, dry utilities supply to support housing development. By imposing new duties upon local agencies with respect to the housing element of the general plan, this bill would impose a state-mandated local program. This bill would also make legislative findings and declarations. This bill would incorporate additional changes to Section 65583 of the Government Code proposed by AB 879 to be operative only if this bill and AB 879 are enacted and this bill is enacted last. 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.
Bill status
signed
all 5 stages cleared
Introduction
Feb 2017
Committee Review
Sep 2017
Assembly Passage
May 2017
Senate Passage
Sep 2017
Signed into Law
Sep 2017
Introduced Feb 17, 2017
Signed Sep 29, 2017
Floor votes · Assembly May 31, 2017
How they voted
43–23
Passed · 4 other
Total votes 70
May 31, 2017
D
Democratic48
89% Yea
I
Independent1
100% Nay
R
Republican21
90% Nay
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
32
Key actions
13
Committee
11
Amendments
7
Sep 29, 2017
Signed into law
Approved by the Governor.
legislature
Sep 15, 2017
Lower · Passed
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 49. Noes 25. Page 3513.).
lower
Sep 15, 2017
Introduced
In Assembly. Concurrence in Senate amendments pending.
lower
Aug 21, 2017
Upper · Passed
Read third time and amended. Ordered to second reading.
upper
Jul 17, 2017
Upper · Passed
From committee: Do pass. (Ayes 5. Noes 2.) (July 17).
upper
Jul 14, 2017
Upper · Passed
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.
upper
Jul 12, 2017
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 9. Noes 1.) (July 11). Re-referred to Com. on APPR.
upper
Jul 3, 2017
Upper · Passed
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on T. & H.
upper
Jun 14, 2017
Committee
Referred to Com. on T. & H.
upper
May 31, 2017
Assembly · Passed
Assembly Vote: pass (43-23-4)
assembly
May 26, 2017
Lower · Passed
Read third time and amended. Ordered to third reading. (Page 1718.)
lower
May 24, 2017
Lower · Passed
From committee: Do pass. (Ayes 11. Noes 5.) (May 24).
lower
May 18, 2017
Committee
Re-referred to Com. on APPR.
lower
May 17, 2017
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended.
lower
Apr 27, 2017
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 0.) (April 26). Re-referred to Com. on APPR.
lower
Apr 24, 2017
Committee
Re-referred to Com. on L. GOV.
lower
Apr 20, 2017
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on L. GOV. Read second time and amended.
lower
Apr 19, 2017
Lower · Passed
From committee: Do pass and re-refer to Com. on L. GOV. (Ayes 5. Noes 2.) (April 19). Re-referred to Com. on L. GOV.
lower
Mar 13, 2017
Committee
Referred to Coms. on H. & C.D. and L. GOV.
lower
Feb 19, 2017
Lower · Passed
From printer. May be heard in committee March 21.
lower
1 primary · 3 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Evan Low
DDemocratic
Co
David Chiu
DDemocratic
Co
Richard Bloom
DDemocratic
Co
Scott Wiener
DDemocratic
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