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Home My WebLink AboutAGENDA REPORT 2024 0221 CCSA SPC JNT PC ITEM 09B POWERPOINTITEM 9.13. IIRWG LAW February 21, 2024 Presented by: Diana Varat, City Attorney's Ocp Broad Trends in Housing Law Implementing the 2021-2029 Housing Element Density Bonus Law Parking Requirements Accessory Dwelling Units State -Mandated Ministerial Housing Approvals Religious Institution Owned Property (SB 4) Multifamily Ministerial Approvals (SB 35) Housing on Commercially Zoned Properties (AB 2011 / SB 6) Pending Legislation RWG LAW Increase Residential Development Capacity Through Local Planning / Zoning Through State Mandates Create Regulatory Incentives to Encourage More Affordable and Denser Housing Developments Streamline Approval Process Strengthen State Enforcement Department of Housing &Community Development (HCD) Office of the Attorney General (AG) RWG LAW Top 2021 =2029 fivubil 19 C11=1 I 11=1 11 Housing Needs Assessment Constraints Analysis Site Inventory RHNA is 1,289 Units (incl. 610 Lower Income) Identify Capacity for Residential Development to Meet RHNA at All Income Levels RWG LAW Adopted Inclusionary Housing Ordinance Adopted New Development Impact Fees Adopted Objective Design Standards RWG LAW Cities must maintain, at all times during the planning period, adequate sites to meet their of the City's RHNA allocation Cities may not take any action that would allow or cause the sites lnvento~1! to be insufficient to meet its remaining unmet share of the City's RHNA Gov. Code § 65863 RWG LAW "Downzoning" Reducing the allowable density for any site included in the Site Inventory Approving a project on a site that was included in the Site Inventory: With fewer units than indicated in the Site Inventory, or With fewer units than were indicated in the Site Inventory /)FRWG SAW General Plan "Annual Progress Report" HCD's Review Authority Housing Element Program Implementation Compliance with Housing Laws AG's Involvement in Housing Litigation Unconditional Right to Intervene Housing Element Adoption / Compliance Housing Law Compliance RWG LAW Density Bonus Law 5 %Very Low Income Households 10 % Lower Income Households 10 % Moderate Income Persons /Families (For -Sale) 100 % "Affordable" Projects (80 / 20 Split) Senior Citizen Housing Development 10 %Transitional Foster Youth, Disabled Veterans, or Homeless Persons 20 %Lower Income Students //RWG Qualifying projects entitled to receive: A (based on a sliding scale) plus new "stackable" density bonus; Specific number of "incen -1 eves / cot jCe5sIur I5 (based on affordability); / reductions of development standards (where standards would "physically preclude" the development); and Reductions in parking requirements RWG L AVV e) ow & High Ena ot wiaing ca RWG LAW "Maximum Allowable Residential Density" Greatest number of units allowed under City's applicable regulatory documents No Unit -Per -Acre Density Standard? -Prepare a "Base Density Study" RWG LAW F73 Sr Affordable Category & Percentage 5 % Very Low ens'ty = Affordable Units 0 Density Bonus 20 Allowed Number of Units 77 25 % Very Low 16 88.75 % 121 10 % Low 7 20 % 77 24 % Low 16 50 % 96 10 % Moderate 7 5 % 68 49 % Moderate . 70 % 109 Affordable Category & Percentage 15 % Very Low + 15 % Moderate 24 % Low + 15 % Moderate Affordable Units 10 Very Low 10 Moderate 16 Lower 10 Moderate Density Bonus Allowed Number of Units 100 % 128 (20 Affordable) 100 % 12$ (26 Affordable) 80 % Low + 93 Lower 80/ /o o 116 * 0 * 20 Moderate 23 Moderate (All Affordable*) of Deveiop ent Stanaaras Applicant may request reduction or waiver of any that has the effect of a development meeting the affordable housing thresholds 4-*'PRWG A site or construction condition For example, a height limitation, a setback requirement, a floor area ratio, an onsite open -space requirement, a minimum lot area per unit requirement, or a parking ratio that applies to a residential development - pursuant to local planning and zoning documents and regulations //RWG Density bonus eligible applicants can request the following parking ratios: -0-1 Bedroom: 1 onsite parking space - 2-3 Bedrooms: 1.5 onsite parking spaces - 4+ Bedrooms: 2.5 parking spaces No parking requirements for some wholly affordable projects for senior rental housing projects and special needs populations e RWG Prohibits minimum parking requirements for a development project Excludes projects that include a hotel, motel, bed & breakfast, or other transient lodging "Major Transit Stop' - Existing rail sta - Intersection of bus routes with frequent service RWG yaw of WOO* 0 0" 0"0 "'m pow fv^,W" 46^ O Moorpark I rain statio,, /;RWG Parking (AB 1308 / AB 894) Single -Family Renovations / Remodels No increase in minimum parking requirement in connection with the remodel or renovation of a single-family residence (SFR) — Assumes SFR meets maximum size requirements Shared Parking Agreements Mandates local agency approval of certain shared parking agreements FZWG LAW Ministerial approval of certain ADUs / JADUs Conversion of existing space /accessory structure on a lot with asingle-family residence (SFR) New construction of detached ADU with SFR Multi -family: ADUs from converted nonlivable space Multi -family: Two detached ADUs HOAs cannot prohibit or unreasonably restrict construction of qualifying ADUs / JADUs in single-family zones RWG LAW Last Year's Changes to ADU Law Modified Height Limits -City Must Allow: Up to 16 feet for ADU Up to 18 feet for ADU: (1) within 1/2 mile walking distance of major transit stop / high quality transit corridor and (2) on a site with a multistory, multifamily building Up to 25 feet height limit allowed for primary dwelling, whichever is , for x J � ° ADU Explicitly identifies ability to apply front yard setbacks (but not if it prevents "default" ADU) RWG LAW Newest Lnarrioc Local agencies may require on a parcel with an ADU (AB 976) Restriction made permanent Authors.%%.. local agencies to allow ADUs to be from the primary dwelling unit as a condominium (AB 1033) Permissive, not mandatory for local agencies Requires local agencies to adopt a program for the ministerial preapproval of ADU plans (AB 1332) RWG L AVV Adlk 0 "I'll � ",-I'll " I'll", 31 Religious Institution Owned Property (SB 4) Multifamily Approvals (SB 35) Housing on Commercially Zoned Properties SB 6 RWG LAW wr^nckrv**,f owned by Religious Institutions /Private Colleges (SB A) A qualifying housing development project is a "use by right" on land owned by a private or a Affordability requirements - 100 % aft - Ir-) n. t o 5 17n m n v Labor Requirements - Prevailing Wage, Apprenticeship., Health Care Requirements RWG SAW Multifal-, I "Ifly A1*O,A '%w Streamlined approval process for proposed multifamily developments (2 or more units) if jurisdictions have not met RHNA production Affordability Requirements - 10 %Lower or (or inclusionary) Labor Requirements -Prevailing Wage, Apprenticeship, Health Care Requirements Notice of Intent /Tribal Consultation RWG L aw No new approval process; projects use either: The SB 35 ministerial process; or Process for the No Affordability Requirement Apply inclusionary or SB 35 requirement Labor Requirements Prevailing Wage, Apprenticeship RWG LAW Creates a streamlined, ministerial approval process for two types of housing projects: Labor Requirements Prevailing Wage, Apprenticeship, Health Care Requirements RWG ___ _ -LAW Tre n d sin P e Housing Element Law Revisions Processing / Development Impact Fees Adaptive Reuse Building Standards Coastal Zone RWG