Background on AB 2292

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Friends Committee on Legislation

Facts about AB 2292
Analysis
Letter to Author

Facts about AB 2292(Dutra)
PROTECTIONS FOR TENNANTS

AB 2292 by John Dutra (D., Fremont) prevents local governments from making zoning changes or imposing other requirements to force a developer to reduce the density of a development below established zoning standards, and provides that developers can recover attorney fees and costs if a court overturns illegally imposed restrictions.

The Problem
Some California cities seek to prevent the construction of affordable housing by imposing requirements that prevent the most efficient use of real properts. Often these requirements prevent builders from designing a project that reaches the density permitted by the city's own zoning. Because a developer has no economical means of challenging the city's requirements, more expensive housing units often get built and low-income renters are unable to find decent places to live.

Background
In 1990 SB 2011 (L. Greene) Chapter 1439, Statutes of 1990, required that local governments follow certain legal mandates before denying a housing development application. Since 1990, further amendments to the law have sought to strengthen these provisions and ensure that once a local government adopts its general plan and associated documents that a housing development in compliance with those documents should be approved or approved with appropriate conditions. Section 65589.5 of the Government Code acknowledges that California housing has become the most expensive in the nation. The excessive cost of the state's housing supply is partly due to policies of many local governments that limit the approval of housing, increase the cost of land , and require that high fees be paid by producers of potentially affordable housing. Among the consequences of those actions are discrimination against low-income and minority households, lack of housing to support employment growth, imbalance in jobs and housing, reduced mobility, urban sprawl, excessive commuting, and air quality deterioration. The law notes that many local governments do not give adequate attention to the economic, environmental, and social costs of decisions that result in disapproval of affordable housing projects, reduction in density of affordable housing projects, and excessive standards for affordable housing projects.

Recommendation Support AB 2292.

Reasons

There is a serious shortage of housing that is withing the price range of low-income families. Yet prejudices and misinformation can result in efforts by local governments to delay and deny permits for construction of enough affordable housing units.

Resistance to affordable housing developments can discourage developers from proceeding with much-needed projects. If there is a risk that a homeowners association can convince a city council to change the rules after design of a project, housing builders will quit the low-income market, and the shortage of low-cost units will continue to grow.

If any neighborhood fails to accept its share of affordable housing, the burden falls on others. All planning agencies need to be held responsible for actions that improperly prevent the construction of low-income housing developments.

Status Awaiting hearing in Assembly Local Government Committee.

Prepared by the Friends Committee on Legislation, 926 J Street #707, Sacramento, CA 95814 - March 19, 2002

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DETAILED DESCRIPTION OF AB 2292 (John Dutra, D-Fremont)

AB 2292, as introduced, Dutra. General plans: residential density.

The Planning and Zoning Law requires a city, county, or a city and county to adopt a general plan that consists of a statement of development policies and a diagram or diagrams and text setting forth objectives, principles, standards, and plan proposals, including a land use element that sets forth a statement of the standards of population density and building intensity recommended for districts and other territory covered by the plan. The act also requires that the maximum allowable residential density be consistent with the applicable zoning ordinance and the adopted general plan.

This bill would prohibit a city, county, or a city and county from reducing, requiring, or permitting the reduction of the residential density for any parcel below the density that was utilized in determining compliance with the housing element, unless the city, county, or city and county makes written findings supported by substantial evidence that the reduction is consistent with the adopted general plan, including the housing element, and other specified provisions of law.

The bill would also require a court to award attorney fees and costs of suit to the plaintiff if the court finds that an action of a city, county, or city and county is in violation of these provisions.

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The following letter is to the author concerning AB 2292:

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Friends Committee on Legislation
926 J Street * Sacramento, CA 95814 * (916)443-3734

March 20, 2002

John Dutra
Member of the Assembly
State Capitol, Sacramento

Re: Assembly Bill 2292 (Dutra), Support

Dear Assembly Member Dutra:

The Friends Committee on Legislation supports AB 2292 to prevent local governments from imposing density reductions that are inconsistent with established zoning standards, and provides that developers can recover attorney fees and costs if a court overturns illegally imposed restrictions. Low vacancy rates in many cities create high rent rates that make it very difficult for low income families to find decent housing.

Under these circumstances it is reasonable to attempt to hold local governments accountable for actions that improperly prevent the construction of low-income housing developments.

For the forgoing reasons, we support AB 2292 .

Yours very truly,

STEVE BIRDLEBOUGH
Legislative Advocate