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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