california housing

California 2018 Legislative Update

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Streamlining

AB 2162 – Supportive Housing by Right

  • Streamlined ministerial approval for projects that include supportive housing

  • CEQA not required for supportive housing projects that comply with local requirements, are 100% lower income and 25% of units are supportive.

AB 3194 – Housing Accountability Act

  • Limits local government determination of project inconsistency with zoning ordinance if the zoning doesn’t allow the maximum residential use, density or intensity in general plan.

  • Requires finding of a significant, quantifiable, direct, and unavoidable impact to disapprove or condition approval of projects if compliance with applicable, objective general plan, zoning, and subdivision standards and criteria.

SB 765 – SB 35 Clean Up

  • 100% affordable projects are exempt from the “skilled and trained workforce” labor requirement.

  • Only objective standards may be applied, including those related to subdivisions.

  • All local agency approvals for project are exempt from CEQA.

Density Bonus

AB 2753– Density Bonus Application

  • Jurisdictions must notify density bonus applicants in writing w/in 30 calendar days of application of completeness.

  • Local government must notify applicant of re-submitted density.

  • Bonus application in writing w/in 10 business days of resubmittal.

  • Local government has 60 days from complete application to approve or disapprove a density bonus.

  • Application deemed completed and density bonus granted if deadlines not met.

SB 1227 - Density Bonus for Student Housing

  • Requires up 35% density bonus projects with at least 20% of the total rental beds for very low income students enrolled in higher education at accredited institutions.

 Density Bonus (continued)

AB 2372 - Floor Area Ratio Bonus for Affordable Housing

  • Allows local government to adopt ordinance to grant floor area ratio (FAR) bonus in lieu of a density bonus. Project requirements include:

  • Multifamily development of 5+ units.

  • Located in urban infill site within transit priority area or within ½ mile of major transit stop.

  • Zoned for 20 units per acre.

  • Either 11% of affordable units for Very Low Income or 20 of affordable units for Low Income.

AB 1771 & SB 828 – RHNA

  • Requires modifications of regional RHNA allocation methodologies

  • RHNA must account for overcrowded housing units and cost burdened households, units lost related to a state of emergency

  • Gives HCD oversight authority over RHNA allocations

Fair Housing

AB 686– Housing Discrimination

  • Codifies recent HUD rules on jurisdictions’ obligation to further fair housing.

  • Housing elements and other planning documents must analyze how zoning programs/development approvals address/ reverse historical segregation patterns caused by past zoning practices.

CEQA Exemptions

AB 1804 – Infill Exemption for Counties

  • CEQA exemption applicable to unincorporated areas of counties.

  • Developments have minimum density and location requirements (must be urbanized area.)

AB 2341– Limited Aesthetic Impact Exemption

  • CEQA exemption for rehabilitation or replacement of existing, vacant structure (within building envelope) with residential development.

Charter Cities

AB 1333 – Charter Cities

  • Government Code provisions now apply to Charter Cities.

  • Consistency requirement applicable to general plan, specific plans and zoning.

  • No Net Loss” requirements apply to housing element inventory sites.

  • Specific findings required for growth control measures.

 Maps and Permits

AB 2913– Extension of building permits

  • Extends residential building permits from six months to one year.

  • One or more extensions of 180 days can be granted if justifiable cause

AB 2973– Subdivision map extensions (Central Valley)

  • 2 years for tentative subdivision maps in certain Central Valley jurisdictions 1771

Housing and Homelessness

Funding Continums of Care Throughout California

The State legislature is continuing to make housing a priority throughout the state as recently evidenced by the 2018 Housing Package, which increases the funding originally requested in the budget, and also takes strides to make the process of solving for the homelessness crisis more efficient and streamlined.

The Housing and Homelessness package, expected to be adopted June 15, includes $500 million in emergency block grants, which is twice the amount that was originally expected after negotiations and revisions in May 2018. The General Fund block grants are for emergency aid to local governments responding to the homelessness crisis and will include $250 million for Continuums of Care (CoCs), $150 million in direct allocations to cities or counties with populations over 330 thousand, and $100 million allocated based on an area’s homeless population, also toward CoCs.

The choice to fund homelessness programs though CoCs will ensure funding is funneled toward local strategic efforts that comprehensively attempt to work to end the homeless crises specific to those communities. CoCs develop long-term strategic plans and manage year-round efforts to address the needs of the homeless in their specific geographic areas. Recognizing there are a wide variety of causes for homelessness, and thus a wide variety of solutions for homelessness, these continuums provide tailored solutions for their communities. Because of the way CoCs are designed, this emergency funding will be used efficiently as possible at the local level.

In addition to one-time grants for CoCs, the package also moves the Homeless Coordinating Council to the Business, Consumer Services and Housing Agency, and includes $500 thousand to fund the newly housed council, dedicating one third of its staff to homeless youth. It also provides $370 thousand from the Housing for Veterans Fund for two positions to execute loan closings and mitigate litigation costs related to the Veterans Housing and Homelessness Prevention Program.

The package continues to prioritize ensuring the sale of Department of Transportation (Caltrans) surplus property is maintained as affordable housing. This proposal supports Caltrans administration of the "Roberti Act" Affordable Sales Program on the State Route 710 corridor. Finally, the package provides $50 thousand for Gateway Cities Council of Governments for a housing strategy assessment.

California Housing Bills Cheat Sheet

An unprecedented number of housing bills were passed during the recent legislative session.  The review of all of these bills can be daunting with everyone’s busy schedule.  Here’s a breakdown of what you need to know about each major bill with a link to the legislative summary for more detailed information.  Enjoy!

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