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AB-1315 Housing: small lot subdivisions.(2019-2020)

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Date Published: 03/26/2019 09:00 PM
AB1315:v98#DOCUMENT

Amended  IN  Assembly  March 26, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 1315


Introduced by Assembly Member Boerner Horvath

February 22, 2019


An act to amend Section 66411.1 of the Government Code, relating to land use. An act to add Section 65913.3 to the Government Code, relating to land use.


LEGISLATIVE COUNSEL'S DIGEST


AB 1315, as amended, Boerner Horvath. Subdivisions: local ordinances. Housing: small lot subdivisions.
(1) The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. Existing law provides for various incentives intended to facilitate and expedite the construction of affordable housing.
This bill would authorize a development proponent to submit an application for the construction of a small lot subdivision, as defined, that meets specified criteria. The bill would require a small lot subdivision to be located on a parcel zoned for multifamily residential use and consist of single-family housing units that comply with existing height, floor area, and setback requirements applicable to the presubdivided parcel. The bill would prohibit the total number of units created by the small lot subdivision from exceeding the allowable residential density permitted by the existing general plan and zoning designations for the presubdivided parcel. The bill would require that the total floor area ratio of the small lot subdivision be less than 0.7 of the presubdivided lot, and require the small lot subdivision to comply with any local inclusionary housing ordinance.
This bill would prohibit a local agency from imposing specified requirements on a small lot subdivision parcel created pursuant to these provisions, including setback requirements within a subdivided parcel, minimum requirements on the size of a subdivided parcel, and parking requirements beyond those required for the presubdivided parcel. The bill would prohibit a development subject to these provisions from receiving a density bonus, concession, incentive, or waiver of development standards under the density bonus law.
(2) The bill would make findings that ensuring access to affordable housing is a matter of statewide concern rather than a municipal affair and, therefore, specify that the bill applies to all cities, including a charter city and a charter city and county.
(3) By imposing requirements on local agencies relative to the development of small lot subdivisions, the bill imposes a state-mandated local program.
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.

The Subdivision Map Act provides that when a local ordinance requires improvements for a division of land which is not a subdivision of 5 or more lots, regulations must be limited to the dedication of rights-of-way, easements, and the construction of reasonable offsite and onsite improvements of the parcels being created. Existing law provides that a subdivider is not required to fulfill those construction requirements until a permit or other grant of approval for development of the parcel is issued, unless otherwise provided by ordinance.

This bill would make nonsubstantive changes to those provisions.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 (a) Since 1970, California has been experiencing an extended and increasingly serious housing shortage. In 2018, California had the 49th lowest ratio of housing units per resident, with the shortage estimated at 3,000,000 to 4,000,000 housing units.
(b) Households with lower incomes are especially likely to experience unaffordable housing costs. In 2015, more than 8 in 10 low-income households with incomes of less than 200 percent of the federal poverty line were housing cost burdened, and more than 50 percent of low-income households spent at least one-half of their income on housing.
(c) Because of the challenges of housing affordability throughout the state, in particular for renters, households with lower incomes, and people of color, California needs to implement strategies that increase affordability.
(d) Policies that incentivize housing that is smaller and “affordable by design” may receive more acceptance, as they can be more compatible with the existing surrounding single-family neighborhoods.
(e) Evidence has demonstrated that while for-rent housing is a great option for increasing supply, for-sale smaller homes help to combat gentrification and make communities more resilient.
(f) Assembly Bill 1397 of the 2017–18 Regular Session provided for ministerial approval of nonsubdivided multifamily developments, effectively incentivizing for-rent projects.
(g) Due to minimum lot sizes, current multifamily residential zoning limits the creation of fee simple detached homes in areas that allow higher densities. By retaining the allowable density and base zoning and eliminating minimum lot sizes, new and strategic opportunities emerge to create small homes that are affordable by design and are better suited for fine grain development of existing urbanized residential neighborhoods.

SEC. 2.

 Section 65913.3 is added to the Government Code, to read:

65913.3.
 (a) A development proponent may submit an application that allows development of individual homes in small lot subdivisions, as defined in subdivision (b), in multifamily zones as long as they are presubdivided parcels that are subdivided into no fewer parcels than the allowable residential density for the presubdivided parcel permitted by the existing general plan and zoning designations, making for-sale homes more affordable by design.
(b) A development shall qualify as a “small lot subdivision” for purposes of this section if all of the following apply:
(1) The proposed development is located on a lot zoned for multifamily residential development.
(2) The development proponent proposes to construct single-family housing units on individually subdivided lots. The division of the presubdivided multifamily lot shall comply with the Subdivision Map Act (Division 2 (commencing with Section 66410)).
(3) The presubdivided parcel is subdivided into no fewer parcels than the allowable residential density for the presubdivided parcel permitted by the existing general plan and zoning designations. All calculations for the residential density permitted under this paragraph that result in fractional numbers shall be rounded up to the next whole number to permit additional units.
(4) If the local agency’s general plan or zoning designations impose a minimum density requirement on the presubdivided lot, the total number of lots for the small lot subdivision shall not be less than that minimum density requirement.
(5) The total floor area ratio of the presubdivided parcel is 0.7 or less. For purposes of this paragraph, “floor area ratio” means the ratio of gross building area of all units and the primary residence, excluding structured parking areas, divided by the total area of the presubdivided parcel used by the unit.
(6) Each unit complies with the existing height, floor area, and setback requirements for the presubdivided parcel.
(7) The development shall comply with any local inclusionary housing ordinances adopted by the local agency, if applicable.
(c) A local agency shall not impose any of the following requirements on a small lot subdivision:
(1) A setback requirement between the units within the subdivided parcel.
(2) A minimum requirement on the size of a subdivided parcel.
(3) A requirement to provide parking in an amount greater than that required for the presubdivided parcel.
(4) A requirement to provide enclosed parking.
(d) A small lot subdivision created under this section shall not be eligible for any additional density bonus or any other concession, incentive, or waiver of development standards granted under Section 65915.
(e) A local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of a small lot subdivision if the provisions are consistent with the requirements of this section.
(f) For purposes of this section:
(1) “Local inclusionary housing ordinance” means a mandatory requirement, as a condition of the development of residential units, that the development include a certain percentage of residential units affordable to, and occupied by, households with incomes that do not exceed the limits for extremely low, very low, lower, low-, or moderate-income households specified in Sections 50079.5, 50093, 50105, and 50106 of the Health and Safety Code. The ordinance may provide alternative means of compliance that may include, but are not limited to, in-lieu fees, land dedication, offsite construction, or acquisition and rehabilitation of existing units.
(2) “Allowable residential density” means the density allowed under the zoning ordinance and land use element of the general plan, or, if a range of density is permitted, means the maximum allowable density for the specific zoning range and land use element of the general plan applicable to the presubdivided parcel. If the density allowed under the zoning ordinance is inconsistent with the density allowed under the land use element of the general plan, the general plan density shall prevail.
(3) “Objective zoning standards” and “objective design review standards” mean standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development proponent and the public official before the development proponent submits an application pursuant to this section.
(4) “Presubdivided lot” means the proposed location for the small lot subdivision before the lot or lots have been subdivided for single-family use.
(5) “Unit” means a single-family housing unit constructed pursuant to this section.

SEC. 3.

 The Legislature finds and declares that ensuring access to affordable housing is a matter of statewide concern, and not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, the changes made by this act applies to all cities, including a charter city or a charter city and county.

SEC. 4.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
SECTION 1.Section 66411.1 of the Government Code is amended to read:
66411.1.

(a)Notwithstanding Section 66428, whenever a local ordinance requires improvements for a division of land that is not a subdivision of five or more lots, the regulations shall be limited to the dedication of rights-of-way, easements, and the construction of reasonable offsite and onsite improvements for the parcels being created. Requirements for the construction of offsite and onsite improvements shall be noticed by a statement on the parcel map, on the instrument evidencing the waiver of the parcel map, or by a separate instrument and shall be recorded on, concurrently with, or prior to the parcel map or instrument of waiver of a parcel map being filed for record.

(b)Notwithstanding Section 66428, fulfillment of the construction requirements shall not be required until a permit or other grant of approval for development of the parcel is issued by the local agency or, where provided by local ordinances, until the construction of the improvements is required pursuant to an agreement between the subdivider and the local agency, except that in the absence of an agreement, a local agency may require fulfillment of the construction requirements within a reasonable time following approval of the parcel map and prior to the issuance of a permit or other grant of approval for the development of a parcel upon a finding by the local agency that fulfillment of the construction requirements is necessary for either of the following reasons:

(1)The public health and safety.

(2)The required construction is a necessary prerequisite to the orderly development of the surrounding area.