as amended, Bloom. Land use:
begin delete zoning regulations.end delete
The Planning and Zoning Law authorizes the legislative body of any city, county, or city and county, to adopt ordinances regulating zoning within its jurisdiction, as specified.end delete
This bill would make a nonsubstantive change to this provision.end delete
begin deleteno end delete.
State-mandated local program: begin deleteno end delete.
The people of the State of California do enact as follows:
(a) An attached housing development shall be a
begin delete not subject to a conditional use permit on any parcel if
5zoned for an attached housing developmentend delete
begin delete local law so provides or ifend delete
7 it satisfies the requirements of subdivision (b) and either of the
9(1) The attached housing development satisfies the criteria of
10Section 21159.22, 21159.23, or 21159.24 of the Public Resources
12(2) The attached housing development meets all of the following
18(A) The attached housing development is subject toend delete
begin delete discretionary decision other than a conditional has been
20use permit and a negative declaration or mitigated negative
begin delete adopted for the attached housing to the
22development under the California Environmental Quality Act
23(Division 13 (commencing with Section 21000) of the Public
P3 1Resources Code). If no public hearing is held with respectend delete
begin delete discretionary decision, thenend delete the begin delete negative declaration or mitigated negative housing
4declaration for the attachedend delete
begin delete development the
5may be adopted only after a public hearing to receive comments
begin delete negative declarationend delete or
begin delete mitigated negative declaration.end delete
10(B) The attached housing development
begin delete is consistent with both to be
11the jurisdiction’s zoning ordinance and general plan as it existed
12on the date the application was deemed complete, except that an
13attached housing development shall not be deemedend delete
begin delete inconsistent withend delete the begin delete zoning designation for the the
16site if that zoning designation is inconsistent with the general plan
17only becauseend delete
begin delete attached housingend delete development begin delete site has not been rezonedend delete to begin delete conform with the most recent adopted general plan.end delete
22(C) The attached housing development
begin delete is located in an area that attached housing development was
23is covered by one of the following documents that has been adopted
24by the jurisdiction within five years of the date the application for
begin delete deemed
29(i) A general plan.end delete
30(ii) A revision or update to the general plan that includes at least
31the land use and circulation elements.
32(iii) An applicable community plan.end delete
33(iv) An applicable specific plan.end delete
34(D) The attached housing
begin delete development consists of not more
35than 100 residential units with a minimum density of not less than
3612 units per acre or a minimum density of not less than eight units
37per acre if the attached housing development consists of four or
38fewer units.end delete
39(E) The attached housing development is locatedend delete
P4 1 in an urbanized area as defined in Section 21071
2of the Public Resources Code or within a census-defined place
3with a population density of at least 5,000 persons per square mile
4or, if the attached housing development consists of 50 or fewer
5units, within an incorporated city with a population density of at
6least 2,500 persons per square mile and a total population of at
7least 25,000 persons.
8(F) The attached housing development is locatedend delete
9 on an infill site as defined in Section
begin delete 21061.0.5end delete
10 of the Public Resources Code.
11(b) At least 10 percent of the units of the attached housing
12development shall be available at affordable housing cost to very
13low income households, as defined in Section 50105 of the Health
14and Safety Code, or at least 20 percent of the units of the attached
15housing development shall be available at affordable housing cost
16to lower income households, as defined in Section 50079.5 of the
17Health and Safety Code, or at least 50 percent of the units of the
18attached housing development available at affordable housing cost
19to moderate-income households, consistent with Section 50052.5
20of the Health and Safety Code. The
21 developer of the attached housing development
begin delete shallend delete provide
22sufficient legal commitments to the local agency to ensure the
23continued availability and use of the housing units for very low,
24low-, or moderate-income households for a period of at least 30
26(c) Nothing in this section shall prohibit a local agency from
27applying design and site review standards in existence on the date
28the application was deemed complete.
30 The provisions of this section are independent of any
31obligation of a jurisdiction pursuant to subdivision (c) of Section
3265583 to identify multifamily sites developable by right.
34 This section does not apply to the issuance of coastal
35development permits pursuant to the California Coastal Act
36(Division 20 (commencing with Section 30000) of the Public
39 This section does not relieve
begin delete a public agency from complying an applicant or public agency from complying with the
40with the California Environmental Quality Act (Division 13
P5 1(commencing with Section 21000) of the Public Resources Code)
2or relieveend delete
3Subdivision Map Act (Division 2 (commencing with Section
begin delete 66473)).end delete
6 This section is applicable to all cities and counties, including
7charter cities, because the Legislature finds that the lack of
8affordable housing is of vital statewide importance, and thus a
9matter of statewide concern.
11 For purposes of this section, “attached housing development”
12means a newly constructed or substantially rehabilitated structure
13containing two or more dwelling units
begin delete and consisting only of but does
14residential units,end delete
16not include a second unit, as defined by paragraph (4) of
begin delete (h)end delete of Section 65852.2, or the conversion of an
18existing structure to condominiums.
Section 65850 of the Government Code is
26amended to read:
The legislative body of any county or city may, pursuant
28to this chapter, adopt ordinances that do any of the following:
29(a) Regulate the use of buildings, structures, and land as between
30industry, business, residences, open space, including agriculture,
31recreation, enjoyment of scenic beauty, use of natural resources,
32and other purposes.
33(b) Regulate signs and billboards.
34(c) Regulate all of the following:
35(1) The location, height, bulk, number of stories, and size of
36buildings and structures.
37(2) The size and use of lots, yards, courts, and other open spaces.
38(3) The percentage of a lot which may be occupied by a building
40(4) The intensity of land use.
P6 1(d) Establish requirements for off-street parking and loading.
2(e) Establish and maintain building setback lines.
3(f) Create civic districts around civic centers, public parks,
4public buildings, or public grounds, and establish regulations for
5those civic districts.