HomeMy WebLinkAboutHousing Legislation 2020 Council Retreat (002)City Council Retreat–February 28, 2020
Legislative Updates
BILLS ENACTED IN 2019
•SB 330 (“Housing Crisis Act of 2019”)
•AB 670, 587, 68, 881 & SB 13 (ADUs)
•AB 1763 (Density Bonus)
•AB 1485/SB 235 (SB 35)
•Many more (more than 20 in all)
SB 330: HOUSING CRISIS ACT OF 2019
Amends Housing Accountability Act
Amends Permit Streamlining Act
Adds Govt. Code §66300
HOUSING ACCOUNTABILITY ACT
Overview
Significantly modified in 2017
2019 changes
Which ordinances/policies/standards apply
Exceptions for CEQA mitigation measures, when project changes, etc.
Definition of “objective” standard (same as SB 35)
Early determination of historic resources
Limit on number of hearings
PERMIT STREAMLINING ACT
Overview
Does not apply to ministerial permits or legislative acts (GP,
zoning amendments, specific plan, final maps, administrative
appeals)
2019 changes
Mandatory checklist
Timeline for application review, completeness, action
GOVERNMENT CODE §66300
Prohibits enactment of development policies applicable “to land where
housing is an allowable use” that would:
Reduce density/intensity of use (unless concurrent up-zoning)
Impose moratorium absent findings of imminent threat
Impose subjective design standards established on/after 1/1/2020
Cap/limit housing units or population
Cities can prohibit/limit commercial use of land designated for residential use
(AirBnB)
Can’t approve housing project that will demolish more units than create or
demolish protected units absent findings (inc.replacement)
SB 35: STREAMLINED HOUSING APPROVALS
Overview
2019 Changes
New eligibility criteria for Bay Area jurisdictions
Clarification on:
How to calculate square footage of mixed-use development
Duration of permits
Overlap with density bonus law/HAA
Subsequent permits
DENSITY BONUS
Existing Law Provides Density Bonus/Waivers/Concessions for:
10% lower income/5% very low income
Senior citizen housing development and others
AB 1763 (Chiu): 100% lower income projects eligible for 80
percent bonus or unlimited if within ½ mile of major transit stop
4 incentives/concessions and 3 story height increase if within ½
mile of major transit stop
Major transit stop is intersection two or more major bus routes
with a frequency of service interval of 15 minutes or less during
the morning and afternoon peak commute periods or as
designated in regional transportation plan.
HOUSING POLICY TRANSPARENCY
Cities must post on their websites:
•Information regarding fees, exactions, and affordability requirements applicable to proposed
housing development projects
•A development application checklist
•Current and five previous annual Mitigation Fee Act financial reports.
•Any impact fee nexus studies or cost of services studies prepared on or after January 1,
2018.
(SB 330, AB 1483)
BAY AREA REGIONAL HOUSING FINANCE AUTHORITY
New regional authority to levy taxes and fees and issue
bonds to fund affordable housing programs, planning and
technical assistance, and infrastructure to support housing
in the Bay Area (AB 1487 –Chiu).
ACCESSORY DWELLING UNITS
Overview
2019 Changes
AB 670: HOAs can no longer prohibit or unreasonably restrict
ADUs
AB 671: Housing Elements must incentivize and promote creation
of affordable ADUs
AB 68, AB 881, SB 13: Significant changes to city processing of
ADUs
•Single-Family lots: Can have both JADU and ADU
•Multi-Family lots: Can convert non-habitable space
to ADUs
•No lot size requirements
•No owner occupancy requirement
•No fixing of non-conforming conditions
•Must allow 800 sf ADUs with 4-foot setbacks 16
feet high regardless of max FA
•Side and rear yard setbacks limited to four feet
•Max size: at least 850 sf or 1,000 sf
•No replacement parking for garage conversion
•No CCRs or deed restrictions
•And more……
ACCESSORY DWELLING UNITS
HOUSING ELEMENT 2022-2030
HOUSING ELEMENT 2022-2030
HOUSING ELEMENT 2022-2030
PLANNING PERIOD (8 YEARS): DECEMBER 15, 2022 –DECEMBER 15, 2030
Key Milestones Deadline
HCD Issues RHND Spring 2020
Proposed RHNA methodology, draft subregion shares July 2020
Draft RHNA methodology to HCD for review November 2020
Final methodology, release draft allocation March 2021
Appeals Summer 2021
Final RHNA allocation July 2021
HCD Housing Element due date December 2022
Dates are tentative and subject to change
Questions?
ACCESSORY DWELLING UNITS
Questions?
Duplex v. ADU
Front Yard Setbacks
PDs/Specific Plan Areas
Size limits on streamlined units
Building Codes
150 sf for ingress/egress
Old deed restrictions