Annexation

If the jurisdiction must rely on annexation to accommodate its RHNA, the housing element must include a program committing to completing the annexation within three years of the planning period. In addition, the housing element must also include an evaluation of the suitability of the annexed sites, including the following information:

• Consistency with Local Agency Formation Commission (LAFCO) policies

• Actions to pre-zone prior to annexation

• Descriptions of the zone, density, development standards and design requirements

• The anticipated housing capacity allowed by each site

• Timeline to complete annexation which is early enough in the planning period to facilitate development of annexed sites (e.g., within the first three years of the planning period)

• Analysis of the suitability and availability of sites, including identification of any sites currently under Williamson Act contracts

• Demonstrated compliance with the requirements of the adequate sites program requirements of Government Code section 65583.2, subdivisions (h) and (i)

Please note, if the potential for annexation was not included in the RHNA allocation methodology, a portion of the county’s allocation may be transferred to the city pursuant to Government Code section 65584.07(d). This transfer of RHNA would require an amendment to the housing element to ensure that any additional RHNA can be accommodated on sites within the inventory. End annexation explanation.

9 Sometimes called the AB 1233 consequence.

Site Inventory Guidebook

Page 36

May 2020

Sample Rezone Program:

To accommodate the remaining lower-income RHNA of 89 units, the City of X will identify and rezone a minimum of 4.5 acres of vacant land to the R3 zoning district, allowing exclusively residential uses and a minimum of 20 units per acre to a maximum of 30 units per acre by June 30, 2024. Rezoned sites will permit owner-occupied and rental multifamily uses by right pursuant to Government Code section 65583.2(i) for developments in which 20 percent or more of the units are affordable to lower income households and will be selected from sites 20 through 30 in the parcel listing (Appendix A). As reflected in Appendix A, each site has the capacity to accommodate at least 16 units and will be available for development in the planning period where water, sewer, and dry utilities can be provided.

Objective : Create opportunity for at least 89 units of multifamily housing for lower income households

Responsible Agency : Community Development Department

Timeline : Sites rezoned by June 30, 2024

Funding Source(s) : General fund

Other program ideas for increasing capacity or facilitating development on identified sites:

• Up-zone existing neighborhoods in areas of opportunity or in high quality neighborhood transit areas at appropriate densities to facilitate development of housing.

• Increase maximum allowable residential densities in existing residential, commercial, and mixed-use zones and modify development standards, such as height limitations to ensure maximum density can be achieved.

• Establish minimum densities — Designate minimum densities of development to ensure that existing available land is not underutilized.

• Allow and encourage mixed-use zoning — Permit housing in certain nonresidential zones either as part of a mixed-use project or as a standalone residential use.

• Rezone underutilized land from nonresidential to residential to expand the supply of available residential land.

• Institute flexible zoning — Allow various residential uses within existing nonresidential zones without requiring rezoning or conditional approvals.

• Redevelop and/or recycle underutilized existing land to more intensive uses.

• Convert obsolete, older public/institutional/commercial/industrial buildings to residential use through adaptive reuse and/or historic preservation.

• Over-zone — Create a surplus of land for residential development during the current planning period of at least 20 percent more than the locality’s share of the regional housing need. Over-zoning compensates for urban land left vacant due to ownership and development constraints and creates a real surplus. A sufficient supply of land beyond the time frame of the housing element helps prevent land shortages from bidding up land costs.

• Allow and promote small and irregular-size lot development.

Site Inventory Guidebook

Page 37

May 2020

• Consolidate lots — Facilitate combining small residential lots into larger lots to accommodate higher-density development.

• Increase height limitations — At a minimum, allow three stories in multifamily zones.

• Increase Floor Area Ratios — Allow for larger buildings on smaller lots and/or more units per lot by reducing the floor area ratio (total lot area divided by the total building area).

• Identify publicly owned land suitable for affordable housing development and sell parcels for $1 (with consideration of the Surplus Land Act as amended by AB 1486, Statutes of 2019).

• Facilitate development by encouraging staff outreach to owners of potential sites and affordable housing developers to discuss needs and constraints in the jurisdiction.

• Adopt incentives such as a super density bonus or by right approval for housing that meets community objectives, such as housing near transit, affordability, housing that meets the needs of special populations, etc.

• Adopt a specific plan that streamlines CEQA compliance.