SR-03-25-2014-13B - 100-002March 25, 2014
CITY CLERK'S OFFICE - MEMORANDUM
To: Mayor and City Council
From: Councilmember McKeown
Date: March 25, 2014
13 -13: Request of Councilmember McKeown that the Council support the following
two housing bills currently under consideration in Sacramento, and authorize
City staff to convey our support to our City lobbyist, state legislators, and the
Governor: AB 1690 (Gordon) — allows placement of at least 50% of low- and
very -low income affordable housing within mixed -use zoning districts, in
keeping with Santa Monica's adopted Land Use and Circulation Element;and
SB 1260 (DeSaulnier) — requires that infrastructure financing districts set
aside at least 25% of revenue for providing affordable housing.
March 25, 2014
CALIFORNIA LEGISLATURE - 2013 -14 REGULAR SESSION
ASSEMBLY BILL No. 1690
Introduced by Assembly Member Gordon
February 13, 2014
An act to amend Section 65583.2 of the Government Code, relating
to housing.
LEGISLATIVE COUNSEL'S DIGEST
AB 1690, as introduced, Gordon. Local planning: housing elements.
Existing law requires that the housing element of a community's
general plan 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 through the utilization of
appropriate federal and state financing and subsidy programs, and the
utilization of moneys in a low- and moderate- income housing fund, as
specified. Existing law also requires the program to accommnodate at
least 50% of the very low and low - income housing need on sites
designated for residential use and for which nonresidential uses or
mixed -uses are not permitted, as specified.
This bill would instead require the program to accommodate at least
50% of the very low and low- income housing need on sites designated
for residential use or mixed -uses.
Vote: majority. Appropriation: no. Fiscal committee: no.
State - mandated local program: no.
Vm
3
4
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
-3— AB 1690
(7) A map that shows the location of the sites included in the
inventory, such as the land use map from the jurisdiction's general
plan for reference purposes only.
(c) Based on the information provided in subdivision (b), a city
or county shall determine whether each site in the inventory can
accommodate some portion of its share of the regional housing
need by income level during the planning period, as determined
pursuant to Section 65584. The analysis shall determine whether
the inventory can provide for a variety of types of housing,
including multifamily rental housing, factory -built housing,
mobilehomes, housing for agricultural employees, emergency
shelters, and transitional housing. The city or county shall
determine the number of housing units that can be accommodated
on each site as follows:
(1) If local law or regulations require the development of a site
at a rninimu n density, the deparhnent shall accept the planning
agency's calculation of the total housing unit capacity on that site
based on the established minimum density. If the city or county
does not adopt a law or regulations requiring the development of
a site at a minhnurn density, then it shall demonstrate how the
number of units determined for that site pursuant to this subdivision
will be accommodated.
(2) The number of units calculated pursuant to paragraph (1)
shall be adjusted as necessary, based on the land use controls and
site improvements requirement identified in paragraph (5) of
subdivision (a) of Section 65583.
(3) For the number of units calculated to accommodate its share
of the regional housing need for lower income households pursuant
to paragraph (2), a city or county shall do either of the following:
(A) Provide an analysis demonstrating how the adopted densities
accommodate this need. The analysis shall include, but is not
limited to, factors such as market demand, financial feasibility, or
information based on development project experience within a
zone or zones that provide housing for lower income households.
(B) The following densities shall be deemed appropriate to
accommodate housing for lower income households:
(i) For incorporated cities within nonmetropofitan counties and
for nomnetropolitan counties that have micropolitan areas: sites
allowing at least 15 units per acre.
99
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
-5— AB 1690
of the need for housing for very low and low - income households
allocated pursuant to Section 65584 for which site capacity has
not been identified in the inventory of sites pursuant to paragraph
(3) of subdivision (a) on sites that shall be zoned to permit
owner - occupied and rental multifamily residential use by right
during the planning period. These sites shall be zoned with
minimum density and development standards that permit at least
16 units per site at a density of at least 16 units per acre in
jurisdictions described in clause (i) of subparagraph (B) of
paragraph (3) of subdivision (c) and at least 20 units per acre in
jurisdictions described in clauses (iii) and (iv) of subparagraph (B)
of paragraph (3) of subdivision (c). At least 50 percent of the very
low and low- income housing need shall be accommodated on sites
designated for residential use and for which nonresidential tises
or mixed -uses am not permitted.
(i) For proposes of this section and Section 65583, the phrase
"use by right" shall mean that the local government's review of
the owner- occupied or multifamily residential use may not require
a conditional use permit, planned unit development permit, or other
discretionary local government review or approval that would
constitute a "project" for purposes of Division 13 (conunencing
with Section 21000) of the Public Resources Code. Any subdivision
of the sites shall be subject to all laws, including, but not limited
to, the local government ordinance implementing the Subdivision
Map Act. A local ordinance may provide that "use by right" does
not exempt the use from design review. However, that design
review shall not constitute a "project" for purposes of Division 13
(commencing with Section 21000) of the Public Resources Code.
Use by right for all rental multifamily residential housing shall be
provided in accordance with subdivision (f) of Section 65589.5.
2
99
SENATE BILL No. 1260
Introduced by Senator DeSaulnier
February 21, 2014
An act to amend Sections 53395.3 and 53395.5 of the Government
Code, and to amend Sections 34191.26 and 34191.31 of the Health and
Safety Code, relating to local govermuent.
LEGISLATIVE COUNSEL'S DIGEST
SB 1260, as introduced, DeSaulnier. Local government: affordable
housing.
Existing law authorizes a city or county to establish infrastructure
financing districts to finance specified types public facilities.
Existing law requires any district that constructs dwelling units to set
aside not less than 20% of those units to increase and improve the
community's supply of low- and moderate- income housing available
at an affordable housing cost to persons and families of low- and
moderate- income.
This bill would eliminate the requirement of a district that constricts
dwelling units to set aside not less than 20% of those units for the
purpose described above.
Existing law requires the legislative body of the district, if dwelling
units are proposed to be removed or destroyed in the course of private
development or public works construction within the area of the district,
to, among other things, cause or require the construction or
rehabilitation, within 4 years of the removal or destruction, for rental
or sale to persons or families of low or moderate income, an equal
number of replacement dwelling units at affordable housing cost, as
specified, and a number of dwelling units that is at least one unit but
not less than 20% of the total dwelling units removed at affordable cost,
as specified.
99
-3— SB 1260
not been achieved, require the authority to adopt and submit to the
Controller, as part of the audit, a plan to achieve compliance with the
economic development and planning requirements, which includes,
among other things, a means of achieving an increase in the production
of housing for very low income households as required by other
provisions of this bill.
This bill would require the low- income housing ordinance to require
the replacement of dwelling units that house extremely low, very low,
and low- income households within 2 years of their removal by public
or private action, and to also require, prior to the time limit on the
effective period of the Sustainable Communities Investment Alan, that
at least 20% of all new and substantially rehabilitated dwelling units
developed in the Sustainable Communities Investment Area meet
specified affordability and occupancy requirements.
This bill would make the operation of its provisions contingent upon
the enactment of specified bills.
Vote: majority. Appropriation: no. Fiscal corrunittee: yes.
State - mandated local program: no.
The people of the State of'California do enact as follows:
1 SECTION 1. Section 53395.3 of the Government Code is
2 amended to read:
3 53395.3. (a) A district may finance (1) the purchase,
4 construction, expansion, improvement, seismic retrofit, or
5 rehabilitation of any real or other tangible property with an
6 estimated useful life of 15 years or longer which satisfies the
7 requirements of subdivision (b), (2) may finance planning and
8 design work which is directly related to the purchase, construction,
9 expansion, or rehabilitation of that property and (3) the costs
10 described in Sections 53395.5, and 53396.5. A district may only
11 finance the purchase of facilities for which construction has been
12 completed, as determined by the legislative body. The facilities
13 need not be physically located within the boundaries of the district.
14 A district may not finance routine maintenance, repair work, or
15 the costs of ongoing operation or providing services of any kind.
16 (b) The district shall finance only public capital facilities of
17 communitywide significance, which provide significant benefits
18 to an area larger than the area of the district, including, but not
19 limited to, all of the following:
99
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
-5— SB 1260
by persons of f6milies of low or moderate income, as defined in
Section 50093 of the lleaRh and Safety Code.
(b) Within fi5ttr yetffs of the removal or destruction, cause o
require the constfuetiett or rehabilitMion, for rental or sale tO
persons of low or modefa+e itteome, a tmmber of dwelling units
which is at least one unit bfft nat less tlt� -20 percent of the total
dwelling units removed at affordable housing eost, as defined i
of the district if the dwelling units removed or destroyed were not
inhabited by persons oF low at! mederMe itteome, as defined
Section 50093 ofthe Health and Sa�� Code.
(a) The district shall dedicate no less than 25 percent of
allocated tax increment revenues for affordable housingparrposes
in accordance with Section 33334.2 and all other applicable
affordable housing provisions of the Community Redevelopment
Law (Part 1 (commencing with Section 33000)).
(b) The district shall ensure that the number of'housing units
occupied by extremely low, very low, and low - income households,
including the number of bedrooms in those units, in the area of
the district at the time the district is established is not reduced
during the effective period of the district.
(c) The district shall ensure the replacement pursuant to
subdivision (a) of Section 33413 of dwelling units that house
extremely low, very low, or low- income households within two
years of their removal by public or private action from the area
of the district.
(d) The district shall ensure that during the effective period of
the district at least 20 percent of all new and substantially
rehabilitated dwelling emits developed in the area of the district
by public or private entities or persons, excluding any units
developed to meet the requirements of subdivisions (b) and (c),
shall be available at affordable housing cost to, and occupied by,
persons and families of low or moderate income. Not less than 40
percent of the dwelling units required to be available at affordable
housing cost to, and occupied by, persons and families of low or
moderate income shall be available at affordable housing cost to,
and occupied b), very low income households.
(e) Previde
(e) The district shall provide relocation assistance and make all
the payments required by Chapter 16 (commencing with Section
99
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
-7— SB 1260
shall require the plan to stay in effect until compliance is achieved.
The Controller shall ensure that the plan includes one or more of
the following means of achieving compliance:
(A) The expenditure of an additional 10 percent of gross tax
increment revenue for increasing, preserving, and improving the
supply of low - income housing.
(B) An increase in the production, by an additional 10percent,
of housing for very low income households as required by
subdivision (d).
(C) The targeting of expenditures pursuant to Section 33334.2
exclusively to rental housing affordable to, and occupied by,
persons of very low and extremely low income.
SEC. 3. Section 34191.26 of the Health and Safety Code, as
added by Senate Bill 1 of the 2013 -14 Regular Session, is amended
to read:
34191.26. A Sustainable Communities Investment Plan may
include a provision for the receipt of tax increment funds according
to Section 33670, provided that the local government with land
use jurisdiction has adopted all of the following:
(a) A sustainable parking standards ordinance that restricts
parking in transit priority project areas to encourage transit use to
the greatest extent feasible..
(b) An ordinance creating a jobs plan that requires all entities
receiving financial support from the authority to enter into an
agreement with the authority describing how the project will do
both of the following:
(1) Further construction careers that pay prevailing wages and
create living wage permanent jobs.
(2) Implement a program for community outreach, local hire,
and job training that includes disadvantaged California residents,
including veterans of the Iraq and Afghanistan wars, people with
a history in the criminal justice system, and single - parent families.
(c) For transit priority project areas and small walkable
conummities within a metropolitan planning organization, a plan
consistent with the use designation, density, building intensity,
and applicable policies specified for the Sustainable Communities
Investment Area in the sustainable conmiunities strategy.
(d) Within small walkable communities outside a metropolitan
planning organization, a plan for new residential construction that
provides a density of at least 20 dwelling units per net acre and,
99
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-9— SB 1260
maintenance and replacement requirements of subdivision (e) of
Section 34191.26, including provisions to ensure that the
requirements are met within each five -year period covered by the
audit. A finding of failure to comply with the requirements of
subdivision (e) of Section 34191.26 shall require the authority to
adopt and submit to the Controller, as part of the audit, a plan to
achieve compliance with those provisions as soon as feasible but
in not less than two years following the findings. The Controller
shall review and approve the plan, and require the plan to stay in
effect until compliance is achieved. The Controller shall ensure
that the plan includes one or more of the following means of
achieving compliance:
(1) The expenditure of an additional 10 percent of gross tax
increment revenue on increasing, preserving, and improving the
supply of low - income housing.
(2) An increase in the production, by an additional 10 percent,
of housing for very low income households as required by
paragraph-(2) (3) of subdivision-(b) (e) of Section33444 34191.26.
(3) The targeting of expenditures pursuant to Section 33334.2
exclusively to rental housing affordable to, and occupied by,
persons of very low and extremely low income.
SEC. 5. Sections 1 to 4, inclusive, of this act shall only become
operative if Senate Bill 1 of the 2013 -14 Regular Session, and any
of the following bills, become operative:
(a) Senate Bill 33 of the 2013 -14 Regular Session.
(b) Senate Bill 628 of the 2013 -14 Regular Session.
(c) Assembly Bill 229 of the 2013 -14 Regular Session.
(d) Senate Bill 243 of the 2013 -14 Regular Session.
0
99