Overview of 2019 New Housing Laws and Regulations
Explore the comprehensive housing package implemented in 2019, addressing critical issues such as streamlining processes, tenant protections, ADU standards, and more. Learn about SB 330 Housing Crisis Act and its impact on zoning regulations and development requirements. Stay informed about the latest changes to housing laws in California.
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Presentation Transcript
2019 New Housing Laws 2019 New Housing Laws
Agenda I. Background II. New Laws Overview I. SB 330 Housing Crisis Act II. ADUs III. Other Laws III. Recommendations IV. Questions 1
Background 20+ bills signed into law as part of Housing Package In effect January 1, 2020 Topics Streamlining and Removing Barriers Density Bonus Fee Transparency Tenant Protections Surplus Lands ADUs Homelessness and New Prohousing Designation Financing and Taxing 2
Background Summary of Housing Package Streamlined application process Middle-income housing in SB 35 approval process Density bonus for 100% affordable ADU standards and approval changes Rent increase limits and just cause eviction State Prohousing certification Welfare tax exemption and financing opportunities Requires jurisdictions to: post affordable housing fees online inventory and annually report surplus lands approve navigation centers by-right 3
New Laws Overview SB 330: Housing Crisis Act 2-step process with new Preliminary Application Limited list of information required Policies and fees frozen when complete application submitted Preliminary application form must be provided At least 2/3 of square footage for residential uses to qualify Not exempt from CEQA Several rules to sunset January 1, 2025 4
New Laws Overview SB 330: Housing Crisis Act Jurisdictions cannot: Downzone below rules in effect January 1, 2018 unless also upzoning Adopt housing moratoriums unless Health & Safety Threat and HCD approves Use unobjective design standards on or after January 1, 2020 7
New Laws Overview SB 330: Housing Crisis Act Developers must replace all demolished and protected units one-for- one and provide state relocation benefits Protected units low income household past 5 years or Ellis Act eviction past 10 years 8
New Laws Overview ADUs 6 bills Local ordinances not conforming will be null and void Jurisdictions must provide new ordinance to HCD within 60 days Updates are exempt from CEQA Local ordinances allowed to be more permissible but cannot be more strict 9
New Laws Overview ADUs: Review and Approval Ministerial 60 days to approve after application complete JADUs must be allowed Both a JADU and detached ADU up to 800 sf allowed ADUs: Amnesty Program Delayed enforcement for 5 years if no public safety issues 10
New Laws Overview Middle Income Housing AB 1485 Amends SB 35 to include above moderate housing Density Bonus AB 1763 Enhanced density bonus for 100% affordable developments Fee Transparency AB1483 Jurisdictions must publicly share fee and standards information on website by January 1, 2020 12
New Laws Overview Tenant Protections SB 329 Prohibits discrimination against Section 8 vouchers AB 1482 Limits rent increase and implements just cause eviction Surplus Lands SB 6 State must develop public inventory of surplus lands AB 1255 Jurisdictions must create an inventory of their surplus lands and begin reporting annually April 1, 2021 AB 1486 Jurisdictions must include surplus land in housing elements and APRs; almost all dispositions and priority to affordable housing 13
New Laws Overview Homelessness AB 101 Jurisdictions must approve navigation centers by-right Financing and Taxing AB 116 Removes voter approval for Enhanced Infrastructure Financing Districts (EIFDs) bonds AB 1487 Allows ABAG and MTC to place housing ballot measures and creates SB 196 Enacts welfare exemption for Community Land Trust 14
New Laws Overview State Budget - 2.5 billion was allocated for housing and related infrastructure: $750M short-term planning & infrastructure $500M low- and moderate-income housing $500M to increase housing tax credit $20M legal assistance to renters $650M shelter / permanent supportive housing 15
New Laws Overview Early Planning Grants Local Early Action Planning (LEAP) and Regional Early Action Planning (REAP) to help establish Prohousing policies Available beginning in 2020 LEAP available over counter starting January with July 1st deadline Could result in Prohousing designation by HCD Collaboration encouraged, details yet to be announced 16
Recommendations 1. Post housing fee and standards online by January 1, 2020 2. Create preliminary application form under SB 330 or adopt one to be developed by HCD 3. Update development application form to include historic significance and replacement housing obligations under SB 330 4. Update ordinances for ADU/JADUs, homeless navigation center approval, and density bonus or defer to new state laws if conflicting 17
Recommendations 5. Update procedures and educate staff on new processes and requirements, especially related to SB 330 6. Develop inventory of jurisdiction-owned surplus land, conduct annual updates, share with HCD and be prepared to provide without charge if requested by April 1, 2021 7. Apply for new planning grants as applicable and keep updated on the development of BAHFA, a new regional authority that will administer housing funds 8. Begin work on Housing Element 18
