State Preemption Hitting Home for California Cities

Recently approved laws that force cities to take a more proactive approach to the state-mandated Regional Housing Needs Assessment process are beginning to take effect in California.

2 minute read

January 29, 2021, 8:00 AM PST

By James Brasuell @CasualBrasuell

San Francisco Residential Neighborhoods

Sundry Photography / Shutterstock

A detailed article by Benjamin Schneider digs into the changes occurring in California's Regional Housing Needs Assessment (RHNA) process as a result of Senate Bill 828, authored by State Senator Scott Wiener and approved by the California State Legislature in 2018—as part of a package of "housing first" bills that included the more closely monitored, but eventually failed, Senate Bill 827.

"The law beefs up the methodology used to determine each region’s housing allocation, accounting for previous under-production of housing, as well as areas where home prices are rising faster than wages, among other considerations," according to Schneider's explanation. 

As a result, the Association of Bay Area Governments (ABAG), working with planners from the Metropolitan Transportation Commission (MTC), must now plan for a doubling of allocated housing for this cycle of the RHNA process.

"Of the Bay Area’s allocation, 26 percent of new homes must be for very low income households, 15 percent for low income, 17 percent for moderate income, and 42 percent for above moderate income," explains Schneider of the allocation announced in June 2020.

ABAG adopted their plan for addressing that allocation on January 21, 2021, reports Schneider, but official certification awaits state approval and likely litigation from the cities responsible for the local plans and zoning changes that will work toward accomplishing the prescribed changes. San Francisco, for example, "needs to plan for a 22 percent increase in households, or 82 thousand more units, between 2023 and 2031. That’s up from an allocation of about 29 thousand homes during the 2014-22 cycle," writes Schneider.

Illustrations of how the housing allocation breaks down around the Bay Area, provided by the MTC, are included in the article, in addition to a lot more details on the plan approved by ABAG earlier this month.

The RHNA methodology has been a source significant political controversy in the state in recent months. A study by the Embarcadero Institute tried to poke holes in the methodology earlier this year. An article recently shared by Planetizen showed how some wealthy cities, Newport Beach in Orange County in this example, but Beverly Hills and Pasadena offer other famous examples, have managed to avoid large allocations through the RHNA process in the past.

Monday, January 25, 2021 in San Francisco Weekly

Three colorful, large beachfront homes, one khaki, one blue, and one yellow, with a small dune in front and flat sand in foreground.

Florida Homeowners 'Nope Out' of Beach Restoration Over Public Access

The U.S. Corps of Engineers and Redington Shores, Florida are at a standstill: The Corps won’t spend public money to restore private beaches, and homeowners are refusing to grant public access to the beaches behind their home in return for federal assistance.

June 7, 2024 - Grist

Multistory apartment building under construction.

New Tennessee Law Allows No-Cost Incentives for Affordable Housing

Local governments in the Volunteer State can now offer developers incentives like increased density, lower parking requirements, and priority permitting for affordable housing projects.

June 10, 2024 - Nooga Today

Pumping Gas

10 States Where the Gas Tax Is Highest

As the gap between gas tax revenue and transportation funding needs widen across the country, the funding mechanism is drawing increased scrutiny from both public officials and consumers.

June 9, 2024 - The Ascent

Concrete walkway with landscaping, decorative tiles, and picnic tables in a Los Angeles County park.

Wish Granted: Former Brownfield Transformed to New Park

Wishing Tree Park in West Carson, California officially opened last month, replacing a brownfield site with a much-needed green space for recreation and respite.

June 14 - Urbanize LA

"No right turn on red" and "Turning vehicles yield to pedestrians" sign.

The Tide is Turning on Right Turns on Red

The policy, which stems from the gas embargo of the 1970s, makes intersections more dangerous for pedestrians.

June 14 - NPR

Thick green forest on edge of lake in Louisville, Kentucky.

Louisville Begins Process to Clean Superfund Site

A public forest is home to dozens of barrels that have been leaking toxic materials for decades.

June 14 - Inside Climate News

Urban Design for Planners 1: Software Tools

This six-course series explores essential urban design concepts using open source software and equips planners with the tools they need to participate fully in the urban design process.

Planning for Universal Design

Learn the tools for implementing Universal Design in planning regulations.