AB 2356, as amended, Gomez. Planning and zoning: housing element: extremely low income housing.
The Planning and Zoning Law requires a city or county to adopt a general plan for land use development that includes, among other things, a housing element. That law requires the housing element to include an assessment of housing needs and an inventory of resources and constraints relevant to the meeting of these needs. That law requires this assessment and inventory to include the identification of a zone or zones where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit, as provided.
This bill would authorize a city or county to additionally include in its assessment and inventory the identification of housing for extremely low income households, as defined. If a local government elects to include this identification in its assessment and inventory, the bill would impose certain
requirements, including that the identified zone or zones include sufficient capacity to accommodate the need for housing for extremely low income households, that the local government demonstrate that existing or proposed permit processing, development, and management standards are objective and encourage and facilitate the development of housing for extremely low income households, and that housing for extremely low income households generally be subject only to the development and management standards that apply to residential or commercial development within the same zone. The bill would also provide that thebegin delete permit processing, development,end deletebegin insert development of zonesend insert andbegin insert objectiveend insert management standardsbegin delete appliedend delete
under these provisions would not be discretionary acts within the meaning of the California Environmental Quality Act.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 65583.3 is added to the Government
2Code, to read:
The assessment and inventory adopted pursuant to
4subdivision (a) of Section 65583 may include the identification of
5a zone or zones where housing for extremely low income
6households, as defined in Section 50106 of the Health and Safety
7Code, is allowed as a permitted use without a conditional use or
8other discretionary permit. If the local government elects to identify
9a zone or zones pursuant to this section, all of the following shall
10apply:
11(a) The identified zone or zones shall include sufficient capacity
12to accommodate the need for housing for extremely low income
13households. If the local government cannot identify a zone or zones
14with sufficient capacity, the local government
shall include a
15program to amend its zoning ordinance to meet the requirements
16of this section within one year of the adoption of the housing
17element. The local government may identify additional zones
18where housing for extremely low income households is permitted
19with a conditional use permit.
20(b) The local government shall also demonstrate that existing
21or proposed permit processing, development, and management
22standards are objective and encourage and facilitate the
23development of, or conversion to, housing for extremely low
24income households. Housing for extremely low income households
25may only be subject to those development and management
P3 1standards that apply to residential or commercial development
2within the same zone except that a local government may apply
3written, objective standards.
4(c) Thebegin delete permit processing, development,end deletebegin insert development of zonesend insert
5 andbegin insert objectiveend insert management standardsbegin delete appliedend delete under this section
6shall not be deemed to be discretionary acts within the meaning
7of the California Environmental Quality Act (Division 13
8(commencing with Section 21000) of the Public Resources Code).
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