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AB-30 Planning and zoning: specific plan: housing.(2017-2018)

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Date Published: 12/05/2016 08:52 PM
AB30:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 30


Introduced by Assembly Member Caballero

December 05, 2016


An act to add Section 65458 to the Government Code, relating to housing.


LEGISLATIVE COUNSEL'S DIGEST


AB 30, as introduced, Caballero. Planning and zoning: specific plan: housing.
The Planning and Zoning Law requires a county or city to prepare and adopt a comprehensive, long-term general plan for the physical development of the county or city. After the legislative body has adopted a general plan, that law authorizes the preparation of specific plans by the planning agency for the systematic implementation of the general plan for all or part of the area covered by the general plan. That law generally requires that a specific plan be adopted in the same manner as a general plan, but provides that a specific plan may be adopted by resolution or by ordinance and amended as often as the legislative body deems necessary.
This bill would authorize a legislative body of a city or county to identify an area of underperforming infill and direct the planning agency to prepare a specific plan, in accordance with the above described provisions and specified additional procedures, to provide for immediate development within that area. The bill would require the specific plan make certain findings relating to the need for affordable housing and to designate the specific plan area as an overlay zone in which development is permitted by right. The bill would require the legislative body conduct at least one public hearing before approving a specific plan pursuant to these provisions to provide for community participation.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 65458 is added to the Government Code, to read:

65458.
 (a) The Legislature finds and declares all of the following:
(1) It is estimated that California has a housing deficit of approximately 1,000,000 units across all income levels.
(2) Less than 200,000 housing units are built in California per year, and during the economic downturn, fewer than ___ units were constructed each year.
(3) The lack of housing availability has resulted in significant overcrowding in many neighborhoods as many families double and triple up in housing units intended for two to three people.
(4) This causes tension within neighborhoods, insecurity, a strain on municipal and other public services, and overcrowding in schools.
(5) Families are moving further from their principal place of employment, resulting in longer commute times, increased environmental impact including greenhouse gas emissions, latchkey children without adult supervision after school, and a disconnect between residents and the cities or communities in which they live.
(6) The lack of affordable housing in many communities results in people living in unsuitable and illegal living spaces for the long term, including attics, garages, sheds, cars, motels, parks, and open spaces.
(7) The lack of housing affordable to local workforces has arrested economic development.
(b) (1) A legislative body may identify an area of underperforming infill and direct the planning agency to prepare a specific plan in accordance with the requirements of this article to provide for immediate development within that area.
(2) The legislative body shall conduct at least one public hearing before approving a specific plan prepared pursuant to this section to provide for community participation. Notice of the hearing shall be given pursuant to Section 65090.
(c) (1) A specific plan prepared pursuant to this section shall, at minimum, do both of the following:
(A) Make all of the following findings:
(i) There is a critical need for housing within the community.
(ii) There is an unmet need for housing affordable to workers, seniors, veterans, or other vital and underserved groups.
(iii) If the designated property use within the proposed specific plan area is not changed, any new housing would create sprawl and detrimentally affect the environment.
(iv) The proposed specific plan area is along an arterial road that has access, or will have access, to public transportation.
(v) Mixed use of the property within the proposed specific plan area will benefit the neighborhood and enhance the aesthetics of the community.
(vi) It is in the best interests of the community to develop a walkable neighborhood.
(B) Designate the specific plan area as an overlay zone in which development is permitted by right.
(2) The specific plan may additionally do any or all of the following:
(A) Increase the density of parcels of property within the specific plan area to accommodate commercial and residential uses.
(B) Reduce parking requirements applicable to a residential development, including by allowing for residential use of commercial parking.
(C) Increase the floor area ratio of parcels of property within the specific plan area to intensify use of the parcel.
(D) Develop opportunities to connect the specific plan area with surrounding neighborhoods to encourage walking and bicycle usage to access commercial developments.