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To: portage who wrote (8963)	2/18/2003 2:08:10 AM
From: David Jones	Respond to of 306849

webcom.com Facts about AB 1866 (Wright) PROTECTIONS FOR TENNANTS AB 1866 by Rod Wright (D., Los Angeles) seeks to increase the number of affordable housing units by making more housing developments eligible for certain fiscal incentives under the density bonus law, and by enabling homeowners to shortcut the approval process for creating "granny flats" and other second units on their property. The Problem Some local regulatory agencies in California seek to prevent the construction of second units on residential properties, and prevent builders from benefiting from the incentives designed to encourage higher housing densities that are usually more affordable by low-income residents. Background Local agencies are normally required to permit creation of a second unit that is not intended for sale on a lot zoned for single-family or multifamily use with an existing single-family dwelling, if the increased floor area of the second unit does not exceed 1,200 square feet and is less than 30 percent of the existing living area, provided that requirements relating to height, setback, lot coverage, architectural review, site plan review, fees, charges, etc., are met. Recommendation Support AB 1866. Reasons Cities should permit the natural creation of low cost housing by home-owners who want to convert part of their residence into an apartment that might be occupied by a relative, student, care-giver, or other person. The restrictive application of zoning rules and building codes to prevent such property conversions presents problem both for homeowners and for the potential tenants. This is an attempt to hold local governments accountable for actions that improperly prevent the construction of low-income housing developments. Status Set for hearing April 10, 2002, in Assembly Housing and Community Development Committee. Prepared by the Friends Committee on Legislation, 926 J Street #707, Sacramento, CA 95814 - March 19, 2002 DETAILED DESCRIPTION OF AB 1866 (Rod Wright, D-Los Angeles) AB 1866 , as introduced, as introduced, Wright. Housing: density bonuses. (1) The existing Planning and Zoning Law authorizes a local agency to provide by ordinance for the creation of 2nd units on parcels zoned for a primary single-family and multifamily residence, as prescribed. This bill would require that the ordinance provide for ministerial approval without discretionary review of applications for 2nd units that meet the requirements of the ordinance, notwithstanding other laws that regulate the issuance of variance, special use, or conditional use permits. (2) The existing Planning and Zoning Law also requires, when a developer of housing proposes a housing development within the jurisdiction of the local government, that the city, county, or city and county provide the developer with incentives or concessions for the production of lower income housing units within the development if the developer meets specified requirements. This bill would recast those provisions to, among other things, revise criteria for making written findings that a concession or incentive is not required, add criteria for continued affordability of housing in a common interest development, and exempt developments meeting certain affordability criteria from specified laws. (3) The bill would also require that the provisions specified in (1) and (2) apply to a city, county, or city and county in a coastal zone, but would specify that this provision is declarative of existing law.