View source for AB1397


'''AB 1397, "Inventory of land for residential development,"''' is a bill introduced in the 2018 California legislature by Assemblymember&nbsp;[https://en.wikipedia.org/wiki/Evan_Low Evan Low] (D-Campbell). It seeks to make more realistic and useful the&nbsp;inventory of land suitable for residential development that California municipalities are required to provide in the 'Housing Element' of their state-requirement general plans.&nbsp;

Evan Low represents&nbsp;the 28th Assembly District, which encompasses parts of the South Bay and Silicon Valley. Low is also a member of the Campbell City Council.&nbsp;

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== Legislative Counsel's Digest (summary) ==

'''AB 1397, Low. Local planning: housing element: inventory of land for residential development.'''

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.

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== Discussion&nbsp; ==

Paavo Monkkonen‏&nbsp;@elpaavo&nbsp; [https://twitter.com/elpaavo/status/943923090827853824 11:16 AM - 21 Dec 2017]<br/> "CA hsg twitter holiday HW: a list of sites in cities' hsg elements that count for housing but could not actually be developed..."

Henry Fung‏&nbsp;@calwatch&nbsp;[https://twitter.com/calwatch/status/944080458882588673 9:41 PM - 21 Dec 2017]<br/> Replying to @calwatch @uscityplanner @elpaavo<br/> "I mention this to Pomona City Council on warning council members about RHNA and engaging with other cities on fake SB 2 and affordable housing zones: [http://www.ci.pomona.ca.us/mm/council/vid/12182017.mp4 (39:00) http://www.ci.pomona.ca.us/mm/council/vid/12182017.mp4&nbsp;&nbsp;(39:00)]".

Housing For LA &nbsp;@housingforla&nbsp;[https://twitter.com/housingforla/status/942158664239955968 2:25 PM - 16 Dec 2017]<br/> "CA jurisdictions are required to put in their Housing Element's a list of underutilized lots available for housing. It is very frustrated working these lists. LA lists the Petersen Automotive Museum having capacity for 196 units. Pretty sure this masterpiece ain't getting demoed."<br/> <br/> &nbsp;

== References ==

*California Legislative Information. "[https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180AB1397 AB-1397 Local planning: housing element: inventory of land for residential development]." Bill information and tracking page.&nbsp;<br/> [https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180AB1397 https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201720180AB1397].