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AB-2666 Starter Home Revitalization Act of 2020.(2019-2020)

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Date Published: 05/11/2020 09:00 PM
AB2666:v97#DOCUMENT

Amended  IN  Assembly  May 11, 2020
Amended  IN  Assembly  March 16, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2666


Introduced by Assembly Member Boerner Horvath

February 20, 2020


An act to add Chapter 8 (commencing with Section 66499.40) to Division 2 of Title 7 of the Government Code, relating to land use.


LEGISLATIVE COUNSEL'S DIGEST


AB 2666, as amended, Boerner Horvath. Starter Home Revitalization Act of 2020.
(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. The Subdivision Map Act, within the Planning and Zoning Law, vests the authority to regulate and control the design and improvement of subdivisions in the legislative body of a local agency and sets forth procedures governing the local agency’s processing, approval, conditional approval or disapproval, and filing of tentative, final, and parcel maps, and the modification of those maps.
This bill would authorize a development proponent to submit an application for the construction of a small home lot development, as defined, that meets specified criteria. The bill would require a small home lot development to be located on a parcel that is no larger than 5 acres, is substantially surrounded by qualified urban uses, as defined, is zoned for multifamily residential use use, and consist consists of single-family housing units with a floorspace of 1,200 1,600 net habitable square feet or less. The bill would require that the units comply with existing height and setback requirements applicable to the multifamily site. The bill would prohibit the total number of units created by the small home lot development from exceeding the minimum general plan density required for the multifamily site. The bill would require that the small home lot development comply with any local inclusionary housing ordinance. The bill would prohibit the small home development on the proposed site to be subdivided if the development would require the demolition or alteration of specified types of housing.
This bill would provide that a small home lot development is exempt from the Subdivision Map Act, except as specified. The bill would prohibit a local agency from imposing specified requirements on a small home lot development created pursuant to these provisions, including setback requirements between units within the small home lot development, requirements on the minimum size of each small home lot development, and specified parking requirements. 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 home lot developments, 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.
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 all of the following:
(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” with fewer administrative hurdles, but respect site setbacks and height restrictions where applicable, 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, fee simple for-sale smaller homes help to increase home ownership and make communities more resilient.
(f) Due to minimum lot sizes, current multifamily residential zoning limits the creation of fee simple zero lot line 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.

 Chapter 8 (commencing with Section 66499.40) is added to Division 2 of Title 7 of the Government Code, to read:
CHAPTER  8. The Starter Home Revitalization Act of 2020

66499.40.
 (a) A development proponent may submit an application that allows development of small home lot development, as defined in subdivision (b), in multifamily zones as long as they result in no less than the minimum general plan density required for the site.
(b) A development shall qualify for a small home lot development 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. development that is no larger than five acres and is substantially surrounded by qualified urban uses.
(2) The development proponent proposes to construct single-family housing units on fee simple ownership lots.
(3) Subject to subdivision (c), the proposed development will divide the multifamily site into no fewer parcels than the minimum general plan density required identified for the multifamily site. 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) The residential properties within a radius of 500 feet of the site are zoned to have an allowable residential density of 20 units per acre or fewer.
(5) If the local agency’s general plan or zoning designations impose a minimum density requirement on the multifamily site, the total number of lots for the small home lot development is not less than that minimum density requirement and not more than the maximum density.
(6) The site complies with the existing site front, side, and rear setback requirements.
(7) The proposed units comply with existing height limits, if applicable.
(8) The total area of floorspace for each unit does not exceed 1,200 1,600 net habitable square feet.
(9) The development complies with any local inclusionary housing ordinances adopted by the local agency, if applicable.
(10) The development of a housing development project on the proposed site to be subdivided does not require the demolition or alteration of any of the following types of housing:
(A) Housing that is subject to a recorded covenant, ordinance, or law that restricts rent to levels affordable to persons and families of moderate, low, or very low income.
(B) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
(C) Housing occupied by tenants within the seven years preceding the date of the application, including housing that has been demolished or that tenants have vacated prior to the submission of the application for a development permit.
(D) A parcel on which an answer of residential real property has exercised the owner’s rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application.
(c) (1) Except as otherwise provided in this subdivision, the subdivision of a multifamily site pursuant to this section shall be exempt from the requirements of this division.
(2) A development proponent of a small home lot development shall submit a map that meets the requirements of Section 66434 to the clerk of the advisory agency or, if there is no advisory agency, with the clerk of the legislative body.
(3) The city or county shall not require a development proponent to comply with any public hearing or other discretionary approval requirement regarding the subdivision of the multifamily site for the small home lot development.
(4) A city that processes a map pursuant to this subdivision shall subsequently transmit the map to the county pursuant to Section 66464.
(d) A local agency shall not impose any of the following requirements on a small home lot development:
(1) A setback requirement between the units, except as required in any local building code.
(2) A minimum requirement on the size of an individual small home lot created by the development.
(3) (A) A requirement to provide enclosed or covered parking in an amount greater than that beyond that required by existing city ordinance pursuant to paragraph (1) of subdivision (p) of Section 65915.
(B) Notwithstanding subparagraph (A), if the development is located within one-half mile of a major transit stop, as defined in subdivision (b) of Section 21155 of the Public Resources Code, and there is unobstructed access to the major transit stop from the development, the local agency shall not impose a parking requirement that exceeds 0.5 spaces per unit. bedroom.

(4)A requirement to provide enclosed parking.

(e)A small home lot development 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.

(f)

(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 home lot development if the provisions are consistent with the requirements of this section. A local agency may adopt policies, procedures, or other provisions applicable to the creation of a small home lot development that are less restrictive and allow for the creation of more housing units than as allowed by the requirements of this section.

(g)

(f) For purposes of this section:
(1) “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 multifamily site. 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.
(2) “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.
(3) “Qualified urban use” has the same meaning as defined in Section 21072 of the Public Resources Code.

(3)

(4) “Site” means the proposed location for the small home lot development.
(5) “Substantially surrounded” has the same meaning as defined in paragraph (2) of subdivision (a) of Section 21159.25 of the Public Resources Code.

(4)

(6) “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.