CC SR 20180306 03 - Housing Element Annual ReportRANCHO PALOS VERDES CITY COUNCIL MEETING DATE: 03/06/2018
AGENDA REPORT AGENDA HEADING: Regular Business
AGENDA DESCRIPTION:
Consideration and possible action to forward the 2017 Annual Report on the
implementation of the Rancho Palos Verdes Housing Element to the appropriate State
agencies.
RECOMMENDED COUNCIL ACTION:
(1) Direct Staff to forward the City's Annual Report on the implementation of the
Rancho Palos Verdes Housing Element during the 2017 calendar year to the
Governor's Office of Planning and Research (OPR) and the Department of
Housing and Community Development (HCD); and,
(2) Direct Staff to return at a later date with a report to consider initiated code
amendment proceedings for certain sections of Title 17 (Zoning) of the City's
Municipal Code based on the State's Housing Package at it relates to the
Housing Element.
FISCAL IMPACT: None
Amount Budgeted: N/A
Additional Appropriation: N/A
Account Number(s): N/A
ORIGINATED BY: Octavio Silva, Associate Planner,.
REVIEWED BY: Ara Mihranian, Alcp, Director of Community Development ,
APPROVED BY: Doug Willmore, City Manager f
ATTACHED SUPPORTING DOCUMENTS:
A. 2017 Annual Report on the implementation of the Rancho Palos Verdes
Housing Element (page A-1)
B. California Department of Housing and Community Development
Informational Handouts (page B-1)
BACKGROUND AND DISCUSSION:
2017 Housing Element Annual Report
Each City is required to prepare and adopt a General Plan for its jurisdiction which
includes certain mandatory elements, including a Housing Element. The Housing
Element consists of: (a) an identification and analysis of existing and projected housing
needs, including the local government's share of the regional housing needs, (b) an
inventory of resources and constraints relevant to meeting those needs; and (c) a
1
program showing a five-year schedule of actions to be taken to implement the Housing
Element, including how the local government plans to meet its share of the regional
housing needs.
In 1995, the Legislature required the California Department of Housing and Community
Development (HCD) to adopt forms and definitions for local governments to use for their
annual reporting on the implementation of the Housing Element. The attached Housing
Element Annual Implementation Report covers the implementation and progress of
various programs in the City's Housing Element over the 2017 calendar year
(Attachment A).
Pursuant to Section 65400 of the State Government Code, Staff has prepared the
Annual Report regarding the status of the Housing Element programs using the forms
adopted by HCD. The attached forms delineate the progress the City has made in
meeting the Regional Housing Needs Allocation (RHNA), provide a list of affordable to
moderate- or lower-income housing units for which building permits were issued during
the reporting period, and identify a total number of units affordable to above moderate -
income housing units for which building permits were finalized based on a unit category.
In 2017, HCD reported that the median income for a 4 -person household in Los Angeles
County is $64,800. Accordingly, the income for a "Very -Low" 4 -person household was
reported to be $45,050, the income for a "Low" 4 -person household was $72,100, and
the income for a "Moderate" 4 -person household was $77,750.
During the 2016 reporting period, Staff inadvertently did not account for one "Very -Low"
income" unit that was constructed during that year, which has been accounted for in the
2017 reporting period as a result (see Tables A and B of the attached forms). In total,
the City has provided 5 of its 8 required "Very -Low" income units. The City has yet to
provide the combined 10 "Low or Moderate" income units. Table C of the report
identifies programs, objectives, deadlines, and the status of each program at the end of
the reporting period for the 2017 calendar year. Staff believes that the goals and
policies of the City's Housing Element continue to be implemented through actions
taken by the City.
The Annual Report is scheduled to be reviewed by the Planning Commission at its
February 27, 2018, meeting, which will occur after the transmittal of this report. Staff
will update the City Council regarding the Planning Commission's recommendations on
the Annual Report as Late Correspondence for the March 6, 2018, City Council
meeting. If approved by the City Council, the Annual Report will then be forwarded to
OPR and HCD.
State's Housing Package
In September 2017, Governor Brown signed a series of bills, commonly referred to as
the State's Housing Package, which are intended to address the State's housing crisis.
The bills, which took effect on January 1, 2018, fall into the following three main
categories: 1) funding; 2) streamlining; and 3) local accountability measures. The table
2
below provides a summary of the new housing bills' requirements by category and their
impacts upon the City. The table also identifies other notable housing measures
adopted by Governor Brown.
State Housing Package
Legislative
Summary Description
Impacts to the City
Bill
Funding measure ($75 to $225
The City's Development
recording fee on specified real estate
Code currently has
transactions) to support affordable and
provisions for emergency
SB 2 (Atkins)
supportive housing, emergency
shelters (Code Sec.
shelters and transitional housing.
17.20.020), supportive
Building
Funds will be dispersed to HCD to
housing and transitional
Homes &
assist individuals facing homelessness
housing (Code Sec.
Job Act
and to local governments to create or
17.04.030), and affordable
update planning documents, such as a
housing (Code Sec. 17.11).
General Plan or Specific Plan in
support of affordable housing.
SB 3 (Beall)
Funding measure that places a $4
If the ballot measure
billion general obligation bond on the
passes, State funding may
Veteran and
November 2018 ballot to fund
assist with implementing the
Affordable
affordable housing programs.
City's existing First -Time
Housing
Home Buyer program, which
Bond Act of
the City has not been able
2018
to fund since the dissolution
of the City's Redevelopment
Agency.
Streamlining measure for approval
See separate heading below
SB 35
process of developments in
for a detailed discussion.
(Wiener)
jurisdictions that have not met their
housing targets, provided that the
development is an infill site and
complies with residential and mixed use
zoning.
Streamlining measure for housing
As the bill requires WHOZs
approval process which allows
to be located close to jobs
SB 540
jurisdictions to establish WHOZs in
or transit, Staff does not
(Roth)
areas close to jobs and transit that
anticipate that this bill will
conform to the State's greenhouse gas
impact the City's
Workforce
reduction laws.
predominately single-family
Housing
residential zoning. The bill
Opportunity
may provide the City with
Zone
additional tools and
(WHOZs)
resources to assist with the
City's share of RHNA as
provided for in the City's
9
Legislative
Summary Description
Impacts to the City
Bill
Housing Element. City Staff
will continue to monitor the
bill's progress, as it is
anticipated that HCD will
release additional guidelines
in Spring 2019.
Streamlining measure that allows
This bill may provide the
jurisdictions to create housing
City with additional tools and
sustainability districts, which are a type
resources to accommodate
of housing overlay zone, to complete
for the City's share of
upfront zoning and CEQA reviews in
RHNA, such as to rezone or
AB 73 (Chiu)
order to facilitate the approval of a
create an overlay zone for
Housing
housing proposal. The bill also provides
lower income units, as
Sustainability
for incentive payments for development
identified in the City's
Districts
projects that are consistent with any
Housing Element. City Staff
adopted housing sustainability district.
will continue to monitor the
bill's progress, as it is
anticipated that HCD will
release additional guidelines
in Spring 2019.
SB 166
Three accountability measures that
These measures limit the
(Skinner)
amended the State's Housing
ability of a jurisdiction to
Accountability Act (HAA) to provide
deny an affordable or
AB 678
further clarification of HAA
market -rate housing project
(Bocanegra)
requirements and also included new
that is consistent with
remedies for a court to compel a
existing zoning
AB 1515
jurisdiction to comply with the HAA.
requirements.
(Daly)
Authorizes the legislative body of a City
The City currently has an
or County to require a certain amount
Affordable Housing
AB 1505
of low-income housing on-site or off-
Ordinance that requires new
(Bloom)
site as a condition of the development
residential development of 5
of residential units.
or more dwelling units to
Inclusionary
dedicate a certain number of
Ordinances
units as affordable (RPVMC
§17.11 —Affordable
Housing).
Updates housing and annual report
The City's annual housing
requirements related to affordable
report will be modified to
AB 879
housing construction.
comply with the revised
(Grayson)
reporting guidelines when
made available (anticipated
for Spring 2019).
al
Legislative
Summary Description
Impacts to the City
Bill
AB 72
Authorizes HCD to find a jurisdiction
The City is working towards
(Santiago)
out of compliance with state housing
the full implementation of its
laws at any time (instead of the current
Housing Element by the end
Enforce
8 -year time period), and to refer
of the 2013-2021 reporting
Housing
noncompliant jurisdictions to the
period. The City annually
Element Law
Attorney General if it determines the
reports to HCD the status of
action is inconsistent with the locality's
its Housing Element (such
adopted housing element.
as this year).
AB 1397
Requires cities to zone more
The City continues to
(Low)
appropriately for their share of RHNA
monitor the Housing
and in certain circumstances require
Element's Adequate Sites
Adequate
by -right development on identified sites
component, which the City
Housing
to provide affordable housing in the
intends to comply with by
Element
City.
2021.
Sites
AB 1521
Requires a subsidized housing
The affordable housing units
(Bloom)
development to be sold to a qualified
in the City currently have
purchaser provided specific
restrictions to ensure the
Preserve the
requirements are met. Gives HCD
future sale of said units are
Existing
additional tracking and enforcement
to qualified buyers in
Affordable
responsibilities to ensure compliance.
compliance with the City's
Housing
Affordable Housing
Stock
ordinance. Staff will
continue to monitor the HCD
website for additional
information.
AB 571
Makes modifications to the state's
The bill will not affect the
(E. Garcia)
farmworker housing tax credit and
City because the City does
authorizes HCD to advance funds to
not currently have migrant
Low Income
operators of migrant housing centers at
housing centers.
Housing
the beginning of each season. Extends
Credits for
the period of time that migrant housing
Farmworkers
centers may be occupied to 275 days.
Senate Bill 35
Senate Bill 35 (SB 35) seeks to streamline the development approval process for
qualified affordable housing projects in jurisdictions that have not met their RHNA
targets. As identified in the attached Table B (see attached Regional Housing Needs
Allocation Progress), pursuant to its HCD certified Housing Element, the City is to
provide for 31 units in varying income levels. The table below provides the City's status
towards achieving these affordable housing goals as of this 2017 reporting period:
5
Income Level
RHNA Required
City Provided
'Very -Low'
8
5
`Low'
5
0
`Moderate'
5
0
`Above Moderate'
13
90
To date, the City has not reported any units for the 'Low' and 'Moderate' income levels.
Staff anticipates that the housing programs identified in the Housing Element would
provide the required units by 2021 if the City rezones or creates an overlay zone for the
property at 29619 Western Avenue to allow a minimum of 20 dwelling units/acre, in
which case the site can accommodate a minimum of 8 'Low' income units. In order to
provide for the 'Moderate' income units, City Staff will continue to track the construction
of second or accessory dwelling units in the City.
On February 1, 2018, HCD issued a memorandum to all California cities identifying the
cities that are subject to the new streamlining requirements of SB 35, based on their
RHNA targets reported to date. Since the City has reported to HCD fewer building
permits than its share of 'Very Low' and 'Low' income level units, HCD has determined
that the City would be subject to SB 35 streamlining provisions when proposed
developments include more than 50% affordable housing units. Under SB 35, the
streamlined approval process would apply to development projects proposed for infill
sites that comply with an existing multi -family residential zoning designation.
Staff does not anticipate that SB 35 will affect the City since there are no existing,
vacant lots within the City's Multi -Family Zoning Districts. In addition, most of the
existing multi -family housing units in the City were developed prior to City's
incorporation, and contain a higher number of units than the underlying zoning district
would allow, making them legal non -conforming. SB 35 would only apply in the City if a
property owner voluntarily decided to demolish an existing multi -family building to
accommodate a lower -density multi -family development with more than 50% affordable
housing units, which Staff believes is unlikely in the foreseeable future. City Staff will
continue to monitor the implementation of SB 35, since HCD intends to release
additional guidelines in Summer 2018. Additional information regarding SB 35 and
other housing bills identified in this report are attached (Attachment B) and available on
the HCD website at.http://www.hcd.ca.gov/policV-research/lhp.shtml#sb35.
The passage of the comprehensive Housing Package demonstrates the State's
commitment to address housing issues. While cities do not control local market realities
or the availability of funding to support the development of affordable housing, cities are
required to ensure that enough land is zoned to accommodate for affordable housing
within their respective jurisdictions. As such, Staff also seeks direction from the City
Council to return, at a later date, with a report to consider initiating code amendment
proceedings to amend Title 17 (Zoning) of the City's Municipal Code to support the
further implementation of the City's Housing Element as it relates to housing legislation.
Possible amendments could include amending Chapter 17.10 (Second Unit
Development Standards) by updating the City's second dwelling unit standards to
on
comply with the State's Accessory Dwelling Unit (ADU) regulations in support of
Housing Program No. 2 (Moderate Income Second Unit Development Program) in the
City's Housing Element.
If a city is found to be out of compliance of its Housing Element and with State housing
law, pursuant to AB 72 (see table above), HCD can refer any noncompliant city to the
Attorney General. Thus, if the City does not provide for its full RHNA housing units by
2021, HCD may find the City to be noncompliant and refer the matter to the Attorney
General. That said, the City continues to make strides in meeting its share of RHNA
units, as in the accommodation of residential units in varying income levels, and will
continue to pursue the implementation of programs as specified in the City's Housing
Element.
ALTERNATIVES:
In addition to the Staff recommendation, the following alternative actions are available
for the City Council's consideration:
1. Identify additional information to be included in the Housing Element
Annual Report prior to forwarding the report to the required State
agencies.
2. Identify specific Code criteria within the Development Code including
Chapter 17.10 (Second Unit Development Standards) and Chapter 17.40
(Overlay Control Districts) that should or should not be amended.
3. Direct Staff to take no action at this time related to consider initiating code
amendment proceedings.
7
Attachment 1
page 1 of 6
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202 )
Jurisdiction City of Rancho Palos Verdes
Reporting Period 1/1/2017 - 12/31/2017
Table A
Annual Building Activity Report Summary - New Construction
Very Low-, Low-, and Mixed -Income Multifamily Projects
Housing Development Information
Housing with Financial Assistance and/or
Deed Restrictions
Housing without
Financial Assistance
or Deed Restrictions
1
2
3
4
5
5a
6
7
8
Affordability by Household Incomes
Assistance
Deed
Note below the number of units
Project Identifier
(may be APN No.,
project name or
address)
Unit
Category
Tenure
R=Renter
O=Owner
Total Units
per
Project
1
Est. # Infill
Units"'
Programs
for Each Development
Restricted
Units
determined to be affordable without
financial or deed restrictions and
attach an explanation how the
jurisdiction determined the units were
affordable. Refer to instructions.
Very Low-
Income
Low-
Income
Moderate-
Income
Above
Moderate-
Income
See Instructions
See Instructions
NEW SFRs SF 0
8
8
N/A
N/A
N/A
18
19
N/A
Program No. 5
(Agreement)
N/A
Sol y Mar- Bldg 05-07,
Bldg 10, Bldg 13 & 5+ 0
Bldg 14
1
(9) Total of Moderate and Above Moderate from
Table A3 ► ►
0 26
271
1
(10) Total by income Table A/A3 ► ► 1 1
1 0
1 0
1 26
271
1
(11) Total Extremely Low -Income Units'
Note: These fields are voluntary
A-1
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202 )
Jurisdiction City of Rancho Palos Verdes
Reporting Period 1/1/2017 - 12/31/2017
Table A2
Annual Building Activity Report Summary - Units Rehabilitated, Preserved and Acquired pursuant
to GC Section 65583.1(c)(1)
Please note: Units may only be credited to the table below when a jurisdiction has included a program it its housing element to rehabilitate, preserve or acquire units to
accommodate a portion of its RHNA whichmeet the specific criteria as outlined in GC Section 65583.1(c)(1)
* Note: This field is voluntary
Table A3
Annual building Activity Report Summary for Above Moderate -Income Units
(not including those units reported on Table A)
Attachment 1
page 2 of 6
Affordability by Household Incomes
Activity Type
(4) The Description should adequately document how each unit complies with subsection (c )(7) of Government
Extremely
7.
1.
2.
Low-
Very Low-
Low-
TOTAL
Code Section 65583.1
Income*
Income
Income
UNITS
Number of
(1) Rehabilitation Activity
0
0
0
2 - 4 Units
(2) Preservation of Units At -Risk
Unit Mobile Homes
(3) Acquisition of Units
(5) Total Units by Income
0 0
0
0
* Note: This field is voluntary
Table A3
Annual building Activity Report Summary for Above Moderate -Income Units
(not including those units reported on Table A)
Attachment 1
page 2 of 6
* Note: This field is voluntary
A-2
7.
1.
2.
3.
4. Second 5.
6.
Number of
Single Family
2 - 4 Units
5+ Units
Unit Mobile Homes
Total
infill units*
No. of Units Permitted for
0
Moderate
No. of Units Permitted for
8
18
26
Above Moderate
* Note: This field is voluntary
A-2
Attachment 1
page 3 of 6
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202 )
Jurisdiction City of Rancho Palos Verdes
Reporting Period 1/1/2017 - 12/31/2017
Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
Enter Calendar Year starting with the first year of
the RHNA allocation period. See Example.
2013
2014
2015
2016
2017
2018 2019
2020
2021
Total Units
Total
to Date
Remaining RHNA
RHNA
Year
Year
Year
Year
Year
Year
Year
Year
Year
(all years)
by Income Level
Income Level
Allocation by
Income Level
1
2
3
4
5
6
7
8
9
Deed
4
1
5
Ver Low
Very
Restricted
8
3
Non -deed
restricted
Deed
Low
Restricted
5
5
Non -deed
restricted
Deed
Moderate
Restricted
5
5
Non -deed
restricted
Above Moderate
13
8
4
4
48
26
90
0
Total RHNA by COG.
Enter allocation number:
31
8
4
4
52
27
95
13
Total Units ► ► ►
Remaining Need for RHNA Period ► ► ► ► ►
Note: units serving extremly low-income households are included in the very low-income permitted units totals.
A-3
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202 )
Jurisdiction City of Rancho Palos Verdes
Reporting Period 1/1/2017 - 12/31/2017
Table C
Program Implementation Status
Attachment 1
page 4 of 6
Program Description
Housing Programs Progress Report - Government Code Section 65583.
(By Housing Element Program Names)
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and
development of housing as identified in the housing element.
Name of Program
Objective
Timeframe
Status of Program Implementation
in H.E.
• Modify, with property owner consent, the land use and zoning designation of 29619 Western Avenue
Western Avenue Vision Plan/Adequate Sites P
Minimum 8 Housing Units for
March
to allow residential use to a minimum of 20 dwelling units per acre. Proposal will allow multifamily
Lower Income Households
-2017
uses by -right, without a CUP, planned unit development or other discretionary action. • The City
intends to initiate a code amendment prior to 2021.
• City continues to track and monitor the number of second dwelling units that are built in the City
Moderate Income Second Unit Development
10 Second Dwelling Units
City continues to distribute and promote the development of second dwelling units when accessory
Program (Program No. 2)
Constructed
2013-2021
structures are proposed • Between 2013 and 2016, no second dwelling units were approved • In 2017,
the City issued Planning entitlements for one second unit. However, building permits have not been
finalized.
Establish the Evaluation
No Net Loss Program (Program No. 3)
Procedure to Monitor Housing
July_ 2014
•The City will annually track and monitor the amount, type and size of vacant and underutilized
Capacity
parcels for housing opportunities.
Section 8 Rental Assistance for Cost
4 Units for Extremely Low and Low
• The City continues to assist the Housing Authority staff by conducting a Landlord Outreach Program,
Burdended Lower Income Households
Income Renter Households
2013-2021
informing the Housing Authority of the City's status on providing affordable housing through the
(Program No. 4)
existing housing stock and providing an Apartment Rental Survey to the Housing Authority.
Citywide Affordable Housing Requirement /
7 Housing Units for Lower Income
2013-2021
• 2 Very -Low Income units completed within Highridge Condo project in 2016. • 3 Very -low income
Housing Impact Fee (Program No. 5)
Households
units completed at Sol y Mar project since 2016 • To date there are 5 very -low income housing units.
• The City no longer has monies in an affordable housing fund due to the dissolution of the
First Time Home Buyer Assistance (Program
Redevelopment Agency. • The following non -City programs that provide financial assistance to
No. 6
3 Moderate Income Households
2013-2021
homebuyser is provided on the City's website: County Homeownership Program, County Morgage
Credit Certificate Program, and So Cal Home Financing Authority Down Payment Assistance
Program
Outreach Program for Persons with
Coordinate with Harbor Regional
• Work with the Harbor Regional Center to implement an outreach program that informs families within
Disabilities (Program No. 7)
Center
July_2015
Rancho Palos Verdes about housing and services available for persons with developmental
disabilities. • Program information was made avaliable on the City's website.
Extremely Low Income Housing Program
Assist 4 Extremely Low Income
2013-2021
Continue to implement Program Nos. 4, 5 and 11
(Program No. 8)
Households
Zoning Ordinance Amendments to Remove
• The City will amend the Zoning Ordinance to permit employee housing for at least 6 or fewer
Governmental Constraints (Program No. 9)
Adopt Amendment
July_2014
employees in the single-family residential district by -right • The City intends to initiate a code
amendment prior to 2021.
Attachment 1
page 5 of 6
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202 )
Jurisdiction City of Rancho Palos Verdes
Reporting Period 1/1/2017 - 12/31/2017
A-5
• The City continued to manage the housing code enforcement on a complaint basis and continues to
strive for voluntary compliance through the Code Enforcement Division • The City averaged 30 code
Housing Code Enforcement Program
enforcement cases per month in 2013 • The City averaged 28 code enforcement cases per month in
(Program No. 10)
10 New Cases Per Month
2013-2021
2014 • The City received an average 38 code enforcement cases per month in 2015 • The City
averaged 41 code enforcement cases per month in 2016. • The City averaged 30 code enforcement
cases per month in 2017 • the City continues to manage property maintenance and illegal
construction code enforcement.
Home Improvement Program (Program No.
• In December 2012, the City Council decided to discontinue the Home Improvement Program. During
11)
5 Housing Units
2013-2021
the planning period, the City may revive the program if it is allocated a greater amount of CDBG funds
and/or another funding source becomes available
Fair Housing Services Program (Program No.
65 Lower Income Households
2013-2021
The City, in coopertation with the County and the Housing Rights Center, continues to make
12)
available fair housing services to its residents.
• City established and implemented the First Time Homebuyer Assistance Program,and Fair Housing
Information Disseminated
Information Program by providing the following: Fair Housing brochure that describes fair housing
Fair Housing Information Program (Program
(Information on Website by July
July 2014 &
laws and rights; links to the Fair Housing Foundation website, State Department of Fair Employment
No. 13)
2014 & Brochures Disseminated
January 2015
and Housing, and U.S. Department of Housing and Urban Development • These were completed in
by January 2015)
September 2015. • Fair Housing Services and Program information was made available to the City's
website.
Energy Conservation Program (Program No.
Implement Voluntary Green
2013-2021
• Continue to encourage voluntary participation in the City's Green Building Construction Program by
14)
Building Construction Program
offering permit streamlining as well as up to a 50% rebate for Planning and Building fees.
A-5
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
(CCR Title 25 §6202 )
Jurisdiction City of Rancho Palos Verdes
Reporting Period 1/1/2017 - 12/31/2017
General Comments:
Attachment 1
page 6 of 6
we
�Q^rr�
qpm Yds California's Legislative • •
Major
°BtrFoar�'
Provides critical funding for new
affordable homes
• Imposes a X75 fee on recording of real estate
documents (excluding sales) for investment in
affordable -home development.
• Places a $4 billion general obligation bond on the
November 2o18 general election ballot for
veterans and affordable housing programs.
Accelerates development to increase
housing supply
Creates a streamlined approval process for certain developments in cities/counties that have not
yet met their legally mandated housing targets.
Authorizes HCD to provide one-time planning funds and technical assistance to cities/counties to
help them streamline housing production.
• Authorizes financial incentives for cities/counties that streamline development of housing in
specific areas of theirjurisdiction.
Holds cities/counties accountable for addressing housing needs in their
communities
• Authorizes increased enforcement of state housing -planning ("housing element") law and
enables HCD to refer violations to the Attorney General.
• Strengthens housing -planning law to ensure appropriate land is available for new development
and increases transparency on local government progress in meeting legally mandated housing
targets.
• Creates a $1o,000 per unit penalty on cities/counties that deny (for unjustified reasons) approval
of new homes affordable to low or moderate income Californians.
Creates opportunities for new affordable homes and preserves existing
affordable homes
• Makes California's "farmworker housing tax credit" more attractive to developers.
• Creates additional tracking and enforcement responsibilities to ensure compliance with state
housing -preservation laws.
• Allows the legislative body of a city/county the option to require a certain amount of low-income
housing in any new residential rental developments.
'In order of reference: SB z (Atkins), SB 3 (Beall), SB 35 (Wiener), AB 73 (Chiu), SB S40 (Roth), AB 7z (Santiago), AB 1397 (Low), AB 879 (Grayson),
AB 166 (Skinner), AB 678 (Bocanegra)/SB 167 (Skinner) AB 1515 (Daly), AB 571(E. Garcia), AB 1S21 (Bloom), and AB 15o5 (Bloom)
As
El 0
Streamline Housing Development
Planning &
SB 35 (Wiener) Streamline Approval Process
Zoning
Opt -in program for developers
Creates a streamlined approval process for developments in localities that have not yet met
their housing targets, provided that the development is on an infill site and complies with
existing residential and mixed use zoning.
Participating developments must provide at least 10 percent of units for lower-income families.
All projects over 10 units must be prevailing wage and larger projects must provide skilled and
trained labor.
Planning &
AB 73 (Chiu) Streamline and Incentivize Housing Production
Zoning
Opt -in program forjurisdictions and developers
Provides state financial incentives to cities and counties that create a zoning overlay district with
streamlined zoning. Development projects must use prevailing wage and include a minimum
amount of affordable housing.
Planning &
SB 540 (Roth) Workforce Housing Opportunity Zones
Zoning
Opt -in program forjurisdictions
Authorizes the state to provide planning funds to a city or county to adopt a specific housing
development plan that minimizes project level environmental review. Requires at least 50
percent of total housing units within that plan to be affordable to persons or families, at or below
moderate income, with at least 10 percent of total units affordable for lower income households.
Development projects must use prevailing wage.
Accountability and Enforcement
Amends
AB 678 (Bocanegra)/SB 167 (Skinner) Strengthen the Housing Accountability Act
Housing
Strengthens the Housing Accountability Act by increasing the documentation necessary and
Accountability
the standard of proof required for a local agency to legally defend its denial of low and
Act
moderate -income housing development projects, and requires courts to impose a fine of
$10,000 or more per unit on local agencies that fail to legally defend their rejection of an
affordable housing development project.
Accountability and Enforcement (Continued)
Amends
AB 1515 (Daly) Reasonable Person Standard
Housing
States that a housing development conforms with local land use requirements if there is
Accountability
substantial evidence that would allow a reasonable person to reach that conclusion.
Act
Amends
AB 72 (Santiago) Enforce Housing Element Law
Housing
Authorizes HCD to find a jurisdiction out of compliance with state housing law at any time
Element Law
(instead of the current eight-year time period), and refer any violations of state housing law to
the Attorney General if it determines the action is inconsistent with the locality's adopted
housing element.
Amends
AB 1397 (Low) Adequate Housing Element Sites
Housing
Requires cities to zone more appropriately for their share of regional housing needs and in
Element Law
certain circumstances require by -right' development on identified sites. Requires stronger
justification when non -vacant sites are used to meet housing needs, particularly for lower
income housing.
Amends
SB 166 (Skinner) No Net Loss
Existing
Requires a city or county to identify additional low-income housing sites in their housing
Housing Law
element when market -rate housing is developed on a site currently identified for low-income
housing.
Amends
AB 879 (Grayson) and Related Reporting Bills
Existing
Make various updates to housing element and annual report requirements to provide data on
Reporting
local implementation including number of project application and approvals, processing times,
Requirements
and approval processes. Charter cities would no longer be exempt from housing reporting.
Requires HCD to deliver a report to the Legislature on how local fees impact the cost of
housing development.
Current housing law defines by -right as local government review of a project may not require a conditional use permit or
other discretionary action that would constitute a "project" under the California Environmental Quality Act
Create and Preserve Affordable Housing
Ongoing
SB 2 (Atkins) Building Jobs and Homes Act
Source
Imposes a fee on recording of real estate documents excluding sales for the purposes of
funding affordable housing. Provides that first year proceeds will be split evenly between local
planning grants and HCD's programs that address homelessness. Thereafter, 70 percent of the
proceeds will be allocated to local governments in either an over-the-counter or competitive
process. Fifteen percent will be allocated to HCD, ten percent to assist the development of
farmworker housing and five percent to administer a program to incentivize the permitting of
affordable housing. Fifteen percent will be allocated to CaIHFA to assist mixed -income
multifamily developments.
Affordable
SB 3 (Beall) Veterans and Affordable Housing Bond Act
Housing
Places a $4 billion general obligation bond on the November 2018 general election ballot.
Bond
Allocates $3 billion in bond proceeds among programs that assist affordable multifamily
developments, housing for farmworkers, transit -oriented development, infrastructure for infill
development, and homeownership. Also funds matching grants for Local Housing Trust Funds
and homeownership programs. Provides $1 billion in bond proceeds to CalVet for home and
farm purchase assistance for veterans.
Land Use:
AB 1505 (Bloom) Inclusionary Ordinances
Zoning
Authorizes the legislative body of a city or county to require a certain amount of low-income
Regulations
housing on-site or off-site as a condition of the development of residential rental units.
Amends
AB 1521 (Bloom) Preserve the Existing Affordable Housing Stock
Preservation
Requires the seller of a subsidized housing development to accept a bonafide offer to purchase
Noticing law
from a qualified purchaser, if specified requirements are met. Gives HCD additional tracking
and enforcement responsibilities to ensure compliance.
Amends
AB 571 (E. Garcia) Low -Income Housing Credits for Farmworkers
Farmworker
Makes modifications to the state's farmworker housing tax credit to increase use. Authorizes
Housing and
HCD to advance funds to operators of migrant housing centers at the beginning of each
Office of
season to allow them to get up -and -running. Extends the period of time that migrant housing
Migrant
centers may be occupied up to 275 days.
Services
3
Programs
2017 California Housing Package Projected Milestones
This document will be updated as further information becomes available
X
Bills Activities & Milestones I Target Dates
Funding From 2018 Revenues Collected Between January 1, 2018 and
December 31, 2018
SB 2 Planning Grants (50% of Funds)
(Building Homes and Initiate Public Outreach Spring 2018
Jobs Act) Provision of Planning Technical Assistance Summer 2018*
Development of Guidelines Summer 2018
Release of Notice of Funding Availability Spring 2019*
Homelessness Grants (50% of Funds
Public Outreach Spring 2018
Development of Guidelines Spring 2018
Release of Initial Notice of Funding Fall 2018*
Availability
1Release of Subsequent Notice of Funding Fall 2019*
--------------------.............................._Availability ---------------------------------------------- -------------------------
Funding From Revenues Collected Between January 1, 2019 and December 31,
2019 ery_ft
and EvCalendar Year Thereafter ---------------------------------- -- -------------------------------------------
SB 2 Local Funds (70% of Annual Total)
(Building Homes and Initiate Public Outreach Fall 2018
Jobs Act) Development of Guidelines
Release of Notice of Funding Availability
Production Incentive Program (5% of
Annual Total)
Initiate Public Outreach
Development of Guidelines
Release of Notice of Funding Availability
Farmworker Funds (10% of Annual Total
Initiate Public Outreach
Development of Guidelines
Release of Notice of Funding Availability
Spring 2019
Summer 2019*
Fall 2018
Spring 2019
Summer 2019*
Winter 2018/2019
Summer 2019
Winter 2019/2020*
*All Notices of Funding Availability are tentative, subject to appropriation and public
outreach process.
1/31/18
B-5
t
2017 California Housing Package Projected Milestones
This document will be updated as further information becomes available
X
Bills Activities & Milestones I Target Dates
Funding From 2018 Revenues Collected Between January 1, 2018 and
December 31, 2018
SB 2 Planning Grants (50% of Funds)
(Building Homes and Initiate Public Outreach Spring 2018
Jobs Act) Provision of Planning Technical Assistance Summer 2018*
Development of Guidelines Summer 2018
Release of Notice of Funding Availability Spring 2019*
Homelessness Grants (50% of Funds
Public Outreach Spring 2018
Development of Guidelines Spring 2018
Release of Initial Notice of Funding Fall 2018*
Availability
1Release of Subsequent Notice of Funding Fall 2019*
--------------------.............................._Availability ---------------------------------------------- -------------------------
Funding From Revenues Collected Between January 1, 2019 and December 31,
2019 ery_ft
and EvCalendar Year Thereafter ---------------------------------- -- -------------------------------------------
SB 2 Local Funds (70% of Annual Total)
(Building Homes and Initiate Public Outreach Fall 2018
Jobs Act) Development of Guidelines
Release of Notice of Funding Availability
Production Incentive Program (5% of
Annual Total)
Initiate Public Outreach
Development of Guidelines
Release of Notice of Funding Availability
Farmworker Funds (10% of Annual Total
Initiate Public Outreach
Development of Guidelines
Release of Notice of Funding Availability
Spring 2019
Summer 2019*
Fall 2018
Spring 2019
Summer 2019*
Winter 2018/2019
Summer 2019
Winter 2019/2020*
*All Notices of Funding Availability are tentative, subject to appropriation and public
outreach process.
1/31/18
B-5
Bill
Key Activities
Target Dates
SB 2
Middle Income Program — Administered by
To Be Determined
CalHFA (15% of Annual Total)
(Building Homes and
Jobs Act)
Release of Notice of Funding Availability
Funding
Pending Approval by Voters in November 2018
SB 3
Release of Initial Notice of Funding
Spring 2019*
(Veterans and
Availability
Affordable Housing
Release of Subsequent Notices of Funding
TBD for later in
Bond)
Availability
2019
Other Funding Related Legislation
AB 571 (Low Income
Guidance Activities To Be Determined
TBD
Housing Tax Credits
for Farmworkers)
Streamlining
SB 35
Preliminary Housing Element Annual
Winter 2017/2018
(Streamlining)
Progress Report data release
Publish Initial Jurisdiction Eligibility Lists
Winter 2017/2018
Initiate Public Outreach
Spring 2018
Guidelines
Summer 2018
SB 540
Initiate Public Outreach
Summer 2018
(Workforce Housing
Guidelines
Spring 2019
Overlay)
Notice of Funding Availability
TBD
AB 73
Initiate Public Outreach
Summer 2018
(Sustainability
Guidelines
Spring 2019
Districts)
Notice of Funding Availability
TBD
Accountability
AB 1397 (Housing
Development of Technical Assistance
Spring 2018
Elements)
Memo
AB 879 (Annual
Initiate Public Outreach
Spring 2018
Progress Reports)
Development of new APR Guidelines and
Summer 2018
Forms for an Effective Date of April 1, 2019
AB 879 (Fee Study)
Initiate Public Outreach on Scoping
Spring 2018
Commencement of Study
Summer 2018
Release of Final Report
Summer 2019
SB 166 (No -Net-
Development of Technical Assistance
Spring 2018
Loss)
Memo
*All Notices of Funding Availability are tentative, subject to appropriation and public
outreach process.
1/31/18
B-6
Bill
Key Activities
Target Dates
AB 1521
Initiate Public Outreach
Spring 2018
(Preservation
Creation of Guidance and Forms
Summer 2018
Noticing
Requirements)
Begin Collection of Information
Fall 2018
Report due to the Legislature
Spring 2019
AB 678, SB 167,
Guidance Activities To Be Determined
TBD
AB 1515 (Housing
Accountability Act
AB 72 (Housing
Guidance Activities To Be Determined
TBD
Element
Accountability)
AB 1505
Guidance Activities To Be Determined
TBD
(Inclusionary
Ordinances
*All Notices of Funding Availability are tentative, subject to appropriation and public
outreach process.
1/31/18
B-7