Amended in Assembly March 18, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2522


Introduced by Assembly Member Bloom

February 19, 2016


An act to amend Sectionbegin delete 65850end deletebegin insert 65589.4end insert of the Government Code, relating tobegin delete local government.end deletebegin insert housing.end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 2522, as amended, Bloom. Land use:begin delete zoning regulations.end deletebegin insert attached housing developments.end insert

begin insert

Existing law requires an attached housing development to be a permitted use, not subject to a conditional use permit, on any parcel zoned for multifamily housing if at least certain percentages of the units are available at affordable housing costs to very low income, lower income, and moderate-income households for at least 30 years, and if the project meets specified conditions relating to location, being subject to a discretionary decision other than a conditional use permit, and a negative or mitigated negative declaration having been adopted for the project under the California Environmental Quality Act.

end insert
begin insert

This bill would instead require an attached housing development to be a permitted use by right, as defined, if it satisfies the same specified conditions as to location and other conditions requiring location on property that is part of the jurisdiction’s residential inventory or that has been or will be rezoned under the jurisdiction’s housing program. This bill would also condition the permitted use by right upon the development not having more units than projected for the location and upon compliance with general plan and zoning standards and criteria. By imposing new duties upon local agencies with respect to housing developments, this bill would impose a state-mandated local program.

end insert
begin insert

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

end insert
begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert
begin 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
begin delete

This bill would make a nonsubstantive change to this provision.

end delete

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 65589.4 of the end insertbegin insertGovernment Codeend insertbegin insert is
2amended to read:end insert

3

65589.4.  

(a) An attached housing development shall be a
4permitted usebegin delete not subject to a conditional use permit on any parcel
5zoned for an attached housing developmentend delete
begin insert by right, as defined
6in subdivision (i) of Section 65583.2,end insert
ifbegin delete local law so provides or ifend delete
7 it satisfies the requirements of subdivision (b) and either of the
8following:

9(1) The attached housing development satisfies the criteria of
10Section 21159.22, 21159.23, or 21159.24 of the Public Resources
11Code.

12(2) The attached housing development meets all of the following
13criteria:

begin insert

14(A) The attached housing development is either:

end insert
begin insert

15(i) Located on a site that is identified in the jurisdiction’s
16inventory of land suitable for residential development described
17in paragraph (3) of subdivision (a) of Section 65583.

end insert
begin delete

18(A) The attached housing development is subject to

end delete

19begin insert(ii)end insertbegin insertend insertbegin insertLocated onend insert abegin delete discretionary decision other than a conditional
20use permit and a negative declaration or mitigated negative
21declarationend delete
begin insert site thatend insert has beenbegin delete adopted for the attached housing
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 insert or will
2be rezoned pursuantend insert
to thebegin delete discretionary decision, thenend deletebegin insert program
3identified inend insert
thebegin delete negative declaration or mitigated negative
4declaration for the attachedend delete
begin insert jurisdiction’send insert housingbegin delete development
5may be adopted only after a public hearing to receive comments
6onend delete
begin insert element, as required by subdivision (c) of Section 65583, and
7eitherend insert
thebegin delete negative declarationend deletebegin insert rezoning has been completedend insert or
8begin delete mitigated negative declaration.end deletebegin insert three years have passed following
9the date that the jurisdiction’s housing element was adopted.end insert

10(B) The attached housing developmentbegin delete is consistent with both
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 insert does not contain
14more dwelling units than were projected by the jurisdictionend insert
to be
15begin delete inconsistent withend deletebegin insert accommodated onend insert thebegin delete zoning designation for the
16site if that zoning designation is inconsistent with the general plan
17only becauseend delete
begin insert sites described in subparagraph (A) of paragraph
18(2) of subdivision (a) plus any density bonus units for whichend insert
the
19begin delete attached housingend delete developmentbegin delete site has not been rezonedend deletebegin insert is eligible
20pursuantend insert
tobegin delete conform with the most recent adopted general plan.end delete
21begin insert Section 65915.end insert

22(C) The attached housing developmentbegin delete is located in an area that
23is covered by one of the following documents that has been adopted
24by the jurisdiction within five years of the date the application for
25theend delete
begin insert complies with applicable general plan and zoning standards
26and criteria, including, but not limited to, design standards, in
27effect when theend insert
attached housing development wasbegin delete deemed
28complete:end delete
begin insert determined to be complete.end insert

begin delete end deletebegin delete

29(i) A general plan.

end delete
begin delete end deletebegin delete end deletebegin delete

30(ii) A revision or update to the general plan that includes at least
31the land use and circulation elements.

end delete
begin delete end deletebegin delete end deletebegin delete

32(iii) An applicable community plan.

end delete
begin delete end deletebegin delete end deletebegin delete

33(iv) An applicable specific plan.

end delete
begin delete end delete

34(D) The attached housingbegin 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
begin insert element is either:end insert

begin delete

39(E) The attached housing development is located

end delete

P4    1begin insert (i)end insertbegin insertend insertbegin insertLocatedend insert 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.

begin delete

8(F) The attached housing development is located

end delete

9begin insert(ii)end insertbegin insertend insertbegin insertLocatedend insert on an infill site as defined in Sectionbegin delete 21061.0.5end delete
10begin insert 21061.3end insert 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. Thebegin insert jurisdiction shall require theend insert
21 developer of the attached housing developmentbegin delete shallend deletebegin insert toend insert 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
25years.

begin delete end deletebegin delete

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.

end delete
begin delete end deletebegin delete

29(d)

end delete

30begin insert(c)end insert 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.

begin delete

33(e)

end delete

34begin insert(d)end insert 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
37Resources Code).

begin delete

38(f)

end delete

39begin insert(e)end insert This section does not relievebegin delete a public agency from complying
40with the California Environmental Quality Act (Division 13
P5    1(commencing with Section 21000) of the Public Resources Code)
2or relieveend delete
an applicant or public agency from complying with the
3Subdivision Map Act (Division 2 (commencing with Section
4begin delete 66473)).end deletebegin insert 66410)).end insert

begin delete

5(g)

end delete

6begin insert(f)end insert 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.

begin delete

10(h)

end delete

11begin insert(g)end insert For purposes of this section, “attached housing development”
12means a newly constructed or substantially rehabilitated structure
13containing two or more dwelling unitsbegin delete and consisting only of
14residential units,end delete
begin insert that is a housing development project, as defined
15by paragraph (2) of subdivision (h) of Section 65589.5, end insert
but does
16not include a second unit, as defined by paragraph (4) of
17subdivisionbegin delete (h)end deletebegin insert (i)end insert of Section 65852.2, or the conversion of an
18existing structure to condominiums.

19begin insert

begin insertSEC. 2.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant to
20Section 6 of Article XIII B of the California Constitution because
21a local agency or school district has the authority to levy service
22charges, fees, or assessments sufficient to pay for the program or
23level of service mandated by this act, within the meaning of Section
2417556 of the Government Code.

end insert
begin delete
25

SECTION 1.  

Section 65850 of the Government Code is
26amended to read:

27

65850.  

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
39or structure.

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.

end delete


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