Transcript California Laws that Promote Social and Economic Inclusion

California Laws that Promote Social and
Economic Inclusion via Affordable Housing
Solutions 2013
National Housing Conference
Atlanta, Georgia
September 16-18, 2013
Density Bonus Law
Purpose: Ensure local governments zone land at higher densities
to incentivize affordable housing
 State law mandates that cities/counties increase density and
provide other incentives when developer agrees to build certain
% of affordable homes (Gov. 65915-18, 1979)
 Other incentives: reduction of site development standards, e.g.,
reduced set-backs and parking, approval of mixed-use zoning
 Units remain affordable at least 30 years
Bonuses by Income and % of Affordable Units
Minimum
% Units
Bonus
Granted
Bonus for Each 1%
Increase
% Units
for 35%
Bonus
Very Low-Income
5%
20%
2.5%
11%
Lower-Income
10%
20%
1.5%
20%
Moderate-Income
(ownership only)
10%
5%
1%
40%
Senior Housing
(35+ units)
100%
20%
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Land Donation for
Very Low-Income
10%
15%
1%
30%
Income Category
Housing Element Law
Purpose: Require localities to plan for housing and accept their fair share of the
region’s housing need
 State law mandates that cities/counties prepare Housing Element to their
General Plan every 8 years (Gov. Code 65589.7, 1969)
 Cities/counties receive “fair share” housing goals from regional Council of
Governments or State based on existing and projected need
 Housing Element must include:
 Assessment of needs and resources
 Statements of goals, objectives, policies
 8-year schedule of actions to meet fair share,
including identification of potential sites

California Department of Housing and Community
Development reviews for compliance
Fair Share Housing Allocation Law
Purpose: Ensure that every locality accepts its fair share of the regional housing need
for all income groups.
 California Department of Housing and Community Development (HCD), in
consultation with Councils of Government (COGs), determines each region’s existing
and projected need 2 years prior to Housing Element update (Gov. Code 65584)
 COGs distribute need to localities within region no less than 1 year prior to update
 HCD determines and allocates in areas without COG
 Regional Housing Needs Allocation (RHNA):
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New household formation, e.g., births, migration
Housing market demand
Anticipated jobs growth
Jobs-housing imbalance
Vacancies
Land availability
Sewer/water capacity
Anti-NIMBY Law
Purpose: Limit conditions under which localities may deny affordable housing
development projects, including farm labor housing and emergency shelters
 Local agency can’t disapprove project or
condition approvals that make infeasible
unless has approved Housing Element
 Cannot disapprove if on site previously
identified as suitable for affordable housing in
Housing Element
 Written findings based on substantial evidence:
 Adverse, unmitigatable impact on health and safety
 Project not needed
 Project proposed on land zoned for agriculture or
resource preservation and surrounded on at least 2
sides by such uses or has inadequate sewer/water
Other Anti-NIMBY Laws
 Affordable Housing as Protected Class (Gov. Code 65008)
 Forbids discrimination against affordable housing developments, developers, or
potential residents by local agencies carrying out planning and zoning powers
 May not impose different requirements on affordable projects than other projects
 Sewer and Water Agencies (Gov. Code 65589.7)
 Public/private agencies providing water and sewer services must grant priority for
developments that include affordable units and have written policy for meeting this
priority (Gov. Code 65589.7)
 Denials, conditions, reductions must be based on written findings that agency does
not have sufficient water supply, treatment or collection capacity
 Farm Worker Housing (Health and Safety Code 17021.6)
 Farm labor housing of 12 units or less on privately-owned, agriculturally zoned land
considered an agricultural use
 No conditional use permit, zoning variance, or other zoning clearance shall be
required that is not required of any other agricultural activity in the same zone.
Inclusionary Housing
Purpose: Stimulate production of new affordable housing integrated
into new mixed-income residential communities
 NO State mandate
 145 local government policies that require private residential
developers, as condition of approval, either:
 Build a % of affordable homes for purchase or rent in new singlefamily subdivisions or apartment complexes, or
 Dedicate land to local government in lieu of direct production, or
 Pay fee to local government in lieu of direct production
 Modest programs do not negatively impact the overall supply of
homes built or the price of market-rate housing
 At least 30,000 affordable units since 1999.
Inclusionary Housing Challenges
 Implosion of real estate market
 Palmer Case (2009) – Rental inclusionary policies violate State
rent control law
 Patterson Case (2009) – Amount of in-lieu fee must be
supported by nexus study proving monetary impact of new
market-rate housing on affordable housing
 Recent cases suggest nexus justification not needed; IH
justified within zoning powers
 Some jurisdictions moving towards fee-first system, in part,
due to demise of redevelopment TIF
AB 1229 clarifies that localities have
police powers to condition approvals
on inclusion of affordable rental
housing (Gov. Code 65850)
“The legislative body of any county or city may, pursuant
to this chapter, adopt ordinances that….:Establish, as a
condition of development, inclusionary housing
requirements, which may require the provision of
residential units affordable to, and occupied by, owners or
tenants whose household incomes do not exceed the
limits for lower income, very low income, or extremely
low income households…..”
Windmere Apartments:
Family Housing in Upscale Mace Ranch Subdivision
Walnut Terrace Apartments:
Senior Housing in Upscale Mace Ranch Subdivision
Willow Glen Apartments:
Senior/Disabled Housing in Upscale Mace Ranch Subdivision
2-Bedroom House:
Single-Family Unit in Upscale Mace Ranch Subdivision
Strong Design and Density
Incentives Help IH Work
 Small lot sizes
 Narrow streets
 Reduced setbacks
 Changes in house orientation
 Irregular lot sizes
 Elimination of sidewalks on one side of street
SHORT SETBACKS, LOT SIZE
REDUCTIONS, REDUCED
STREET WIDTHS
SHARED
DRIVEWAYS
NO SIDEWALKS
NO SIDEWALKS
No green strip by sidewalk
Land Use Strategies
Flexible Setbacks
Smaller, affordable
workforce IH units
Narrow streets, with parking
on only one side
2 BR workforce units on irregular lots
Thank You
Presented by:
Robert Wiener, Executive Director
California Coalition for Rural
Housing
717 K Street, Suite 400
Sacramento, CA 95814
(916) 443-4448
www.calruralhousing.org
[email protected]