AB1268 Summary (Wiggins)

AB 1268 would reduce sprawl and increase the supply of affordable housing by requiring locally adopted growth zones and inclusionary housing programs.

Background

Existing law requires every city and county to adopt a "comprehensive, long-term general plan for the physical development of the county or city, and of any land outside its boundaries which in the planning agency's judgment bears relation to its planning." (Government Code, Section 65300)   Existing law allows the city or county to amend the mandatory elements of the general plan up to four times a year (Government Code, Section 65358)

Problem

General plans have not slowed down sprawl, which is burdening California with the following problems:

Traffic.  Regional transportation agencies warn that traffic will get worse, not better, even with tens of billions of dollars in planned improvements.

State Deficit.  California taxpayers have not been able to keep up with the cost of expanding infrastructure to serve sprawling development, and the hole is getting deeper every year.

·    Segregation and neighborhood decline.        Central cities and aging suburbs have high poverty rates, employment needs, infrastructure decay and segregation, but generally low fiscal capacity to address these needs. Ironically, these residents are forced to subsidize sprawl development on the metropolitan fringe.

Natural and agricultural resource depletion. Sprawling pavement has increased the toxic runoff that pollutes the state's water sources and coasts.  All major metropolitan areas in California failed to meet air quality standards for ozone pollution in 2001.  From 1996 to 1998, 52,408 acres of agricultural land was urbanized – an area equal to a 75-acre auto mall being built every day on farmland.

Unaffordable Housing.  Only 28 percent of California households can afford a median price of home.  One reason: the average square footage of new homes, usually located in sprawling subdivisions, has increased by 50 percent in the past 30 years, shutting out many working families.

Solution

Establish local growth zones.  AB 1268 would slow sprawl by requiring general plans to include a Growth Zone.  The Growth Zone would:

·    Indicate where the local government intends to extend infrastructure services for a 20-year period of growth to accommodate projected growth and to provide certainty for development.  Although a general plan may be modified up to four times per year, the growth zone may be only be modified every 10 years.

·    Be based on an analysis of fiscal opportunities and physical constraints to the extension of infrastructure services, and an analysis of where infill development could be encouraged.

Require inclusionary housing programs.   AB 1268 would increase the supply of housing affordable to very low- and low-income households by requiring local governments to adopt an inclusionary housing program.  The program would need to ensure that 20 percent of the residential units approved in that jurisdiction are affordable to very-low and low-income households.

Benefits

Less sprawl.  Because growth zones could be modified only once every 10 years, they would not be subject to frequent general plan amendments that promote sprawl.  Reducing sprawl will reduce traffic, infrastructure deficits, inequity, farmland loss and environmental damage.

More housing.  Inclusionary housing programs would promote a larger supply of affordable housing and a diverse mix of housing types that Californians want.

Local flexibility/developer certainty.  Local governments would have the flexibility to design growth zones and inclusionary housing programs that match local conditions.

By identifying where growth will occur over a 20-year period to accommodate projected growth, developers will have more certainty and less controversy.