Existing law, the Planning and Zoning Law, requires each city, county, and city and county to prepare and adopt a general plan that contains certain mandatory elements, including a housing element. Existing law requires that the housing element include, among other things, an inventory of land suitable and available for residential development.
The Planning and Zoning Law requires the Department of Housing and Community Development, in consultation with each council of governments, to determine the existing and projected need for housing in each region and further requires the appropriate council of governments, or the department for cities and counties without a council of governments, to adopt a final regional housing need plan that allocates a share of the regional housing need to each city, county, or city and county, as provided.
This bill would authorize a city or county to include in its inventory of land suitable for residential development specified sites that contain an existing single-family dwelling unit, but that the city or county authorizes to contain 4 dwelling units as a use by right. The bill would require these sites to be identified to satisfy either the moderate or the above-moderate income regional housing need income level. The bill would require a city or county identifying a site pursuant to these provisions to adopt a resolution or ordinance that, among other things, establishes that the additional units may be developed as a use by right on the site. The bill would require the department to review and make findings regarding a resolution or ordinance adopted by a city or county under these provisions.
This bill would require the department to provide a credit of 0.1 units toward the city or county's share of the regional housing need allocation for each site identified under these provisions, except as specified. The bill would prohibit the cumulative credit received by a city or county under these provisions from exceeding 25% of the total units needed to meet its regional housing needs allocation, except as specified. The bill would authorize the department to provide additional credit to a city or county if it determines that the city or county has plans and programs that would further accelerate the production of units under these provisions or require that the city or county identify other adequate sites if the city or county is making inadequate progress towards meeting its regional housing needs allocation on sites identified category.

Statutes affected:
AB 3040: 65580 GOV
02/21/20 - Introduced: 65580 GOV
05/04/20 - Amended Assembly: 65580 GOV
AB3040: 65580 GOV