Bill Text

PDF |Add To My Favorites |Track Bill | print page

AB-2162 Planning and zoning: housing development: supportive housing.(2017-2018)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
Date Published: 02/12/2018 09:00 PM
AB2162:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2162


Introduced by Assembly Members Chiu and Daly
(Coauthors: Assembly Members Bloom, Bonta, Caballero, Friedman, and Gloria)

February 12, 2018


An act to add Article 11 (commencing with Section 65650) to Chapter 3 of Division 1 of Title 7 of the Government Code, relating to land use.


LEGISLATIVE COUNSEL'S DIGEST


AB 2162, as introduced, Chiu. Planning and zoning: housing development: supportive housing.
The Planning and Zoning Law requires the legislative body of each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city that includes, among other mandatory elements, a housing element. That law requires the housing element to contain a program that sets forth a schedule of actions during the planning period, each with a timeline for implementation, and requires the rezoning of sites identified in the inventory of sites by specific deadlines where the inventory does not identify adequate sites to accommodate the need for groups of all household income levels. That law further requires this rezoning to accommodate 100% of the need for housing for very low and low-income households, as specified, on sites zoned to permit owner-occupied and rental multifamily residential use by right during the planning period and defines the term “use by right” for these purposes.
This bill would require that supportive housing be a use by right in zones where multiple dwelling uses are permitted, including commercial zones, if the proposed housing development meets specified criteria and would require a local government to approve, within specified periods, a supportive housing development that complies with these requirements. The bill would require that a developer of supportive housing provide the planning agency with a plan for providing supportive services, with documentation demonstrating that supportive services will be provided onsite to residents in the project and describing those services, as provided. The bill would prohibit the local government from imposing any minimum parking requirement, other than to require that the development include employee parking, if the development is located within ½ mile of a public transit stop. The bill would specify that its provisions do not (1) preclude or limit the ability of a developer to seek a density bonus from the local government or (2) expand or contract the authority of a local government to adopt or amend an ordinance, charter, general plan, specific plan, resolution, or other land use policy or regulation that promotes the development of supportive housing.
The bill would include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
By adding to the duties of local planning officials, this bill would impose 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 The Legislature finds and declares the following:
(a) California’s homeless population increased by over 16,000 from 2016 to 2017, to 134,278 Californians experiencing homelessness at any point in time. Two to three times this number experienced homelessness during the course of last year. Twenty-five percent of the nation’s total homeless population and almost half of the nation’s unsheltered population reside in California. California now has one of the highest rates of homelessness per resident, twice as high as the national average.
(b) Addressing homelessness is urgent, as communities across the state face public health emergencies, including widespread Hepatitis A infection among residents experiencing homelessness in several major cities, higher mortality among homeless people with HIV and AIDS, and early mortality among people experiencing chronic homelessness.
(c) Chronic patterns of homelessness—homelessness lasting at least a year or repeatedly over three years—are on the rise in California, whereas decreasing elsewhere. As of 2017, 42 percent of those experiencing chronic homelessness nationwide live in California. The vast majority of these individuals and families have lived in California since well before becoming homeless.
(d) Evidence shows supportive housing—an affordable rental with intensive services promoting housing stability—works to reduce chronic homelessness. As a result, the Legislature has invested in supportive housing, including the No Place Like Home Program, which will generate $2 billion in revenue bonds to build supportive housing for homeless Californians with serious mental illness.
(e) Studies reveal supportive housing benefits communities by reducing homelessness locally, addressing blight, and increasing property values. Yet one of the barriers to creating supportive housing has been local delays or denials of applications to build supportive housing, based on subjective local planning standards. Delays or denials of building applications add to the costs and timeline of development, affecting the effectiveness of state dollars.
(f) Given the urgent need to provide supportive housing to Californians experiencing chronic homelessness, streamlining and expediting the process of approving supportive housing applications will offer housing opportunities in communities with few or no opportunities to exit chronic homelessness. Further, it will promote progress in addressing the growing crisis of homelessness the Legislature intended through recent initiatives.

SEC. 2.

 Article 11 (commencing with Section 65650) is added to Chapter 3 of Division 1 of Title 7 of the Government Code, to read:
Article  11. Supportive Housing

65650.
 For purposes of this article, the following definitions shall apply:
(a) “Supportive housing” shall have the same meaning as defined in Section 65582, except that supportive housing for purposes of this article shall also incorporate the core components of Housing First, as provided in subdivision (b) of Section 8255 of the Welfare and Institutions Code.
(b) “Supportive services” shall have the same meaning as defined in Section 65582.
(c) “Use by right” shall have the same meaning as defined in Section 65583.2.

65651.
 (a) Supportive housing shall be a use by right in zones where multiple dwelling uses are permitted, including commercial zones, if the proposed housing development satisfies all of the following requirements:
(1) Units within the development are subject to a recorded affordability restriction for 55 years.
(2) One hundred percent of the units within the development are dedicated to low-income households and are receiving public funding to ensure affordability of the housing to low-income Californians. For purposes of this paragraph, “low-income households” means households with an income equal to or less than 80 percent of the area median income.
(3) At least 35 percent of the units in the development or 15 units, whichever is greater, are restricted to residents in supportive housing. If the development consists of fewer than 15 units, then 100 percent of the units in the development shall be restricted to residents in supportive housing.
(4) The developer provides the planning agency with the information required by Section 65652.
(5) Nonresidential floor area shall be used for onsite supportive services in the following amounts:
(A) For a development with 20 or fewer total units, at least 90 square feet shall be provided for onsite supportive services.
(B) For a development with more than 20 units, at least 3 percent of the total nonresidential floor area shall be provided for onsite supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens.
(6) The developer replaces any dwelling units on the site of the supportive housing development in the manner provided in paragraph (3) of subdivision (c) of Section 65915.
(7) Units within the development include at least one bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator.
(b) The local government may require a supportive housing development subject to this article to comply with objective and quantifiable written development standards, conditions, and policies; provided, however, that the local government shall apply the least restrictive zoning standards or requirements applicable to the jurisdiction.
(c) Notwithstanding any other provision of this section to the contrary, the local government shall, at the request of the project owner, modify the number of residents required to live in supportive housing if the project-based rental assistance or operating subsidy for a supportive housing project is terminated through no fault of the project owner, but only if all of the following conditions have been met:
(1) The owner demonstrates that it has made good faith efforts to find other sources of financial support.
(2) Any change in the number of supportive service units is restricted to the minimum necessary to maintain project’s financial feasibility.
(3) Any change to the occupancy of the supportive housing units is made in a manner that minimizes tenant disruption and only upon the vacancy of any supportive housing units.

65652.
 A developer of supportive housing subject to this article shall provide the planning agency with a plan for providing supportive services, with documentation demonstrating that supportive services will be provided onsite to residents in the project, as required by Section 65651, and describing those services, which shall include all of the following:
(a) The name of the proposed entity or entities that will provide supportive services.
(b) The proposed funding source or sources for the provided onsite supportive services.
(c) Proposed staffing levels.

65653.
 (a) The local government shall approve a supportive housing development that complies with the applicable requirements of this article.
(b) The local government shall notify the developer whether the application is complete within 30 days, and shall issue final approval within 60 days, of receipt of an application to develop supportive housing in accordance with this article.

65654.
 If the supportive housing development is located within one-half mile of a public transit stop, the local government shall not impose any minimum parking requirements, except that the local government may require the supportive housing development to include employee parking.

65655.
 This article shall not be construed to do either of the following:
(a) Preclude or limit the ability of a developer to seek a density bonus from the local government pursuant to Section 65915.
(b) Expand or contract the authority of a local government to adopt or amend an ordinance, charter, general plan, specific plan, resolution, or other land use policy or regulation that promotes the development of supportive housing.

65656.
 The Legislature finds and declares that the provision of adequate supportive housing to help alleviate the severe shortage of housing opportunities for people experiencing homelessness in this state and of necessary services to the target population described in Section 65582 is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this article applies to all cities, including charter cities.

SEC. 3.

 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.