BILL NUMBER: AB 2522 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 18, 2016
INTRODUCED BY Assembly Member Bloom
FEBRUARY 19, 2016
An act to amend Section 65850 65589.4
of the Government Code, relating to local government.
housing.
LEGISLATIVE COUNSEL'S DIGEST
AB 2522, as amended, Bloom. Land use: zoning regulations.
attached housing developments.
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.
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.
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.
This bill would provide that no reimbursement is required by this
act for a specified reason.
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.
This bill would make a nonsubstantive change to this provision.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 65589.4 of the
Government Code is amended to read:
65589.4. (a) An attached housing development shall be a permitted
use not subject to a conditional use permit on any parcel
zoned for an attached housing development by right, as
defined in subdivision (i) of Section 65583.2, if
local law so provides or if it satisfies the requirements
of subdivision (b) and either of the following:
(1) The attached housing development satisfies the criteria of
Section 21159.22, 21159.23, or 21159.24 of the Public Resources Code.
(2) The attached housing development meets all of the following
criteria:
(A) The attached housing development is either:
(i) Located on a site that is identified in the jurisdiction's
inventory of land suitable for residential development described in
paragraph (3) of subdivision (a) of Section 65583.
(A) The attached housing development is subject to
(ii) Located on a
discretionary decision other than a conditional use permit and a
negative declaration or mitigated negative declaration
site that has been adopted for the attached housing
development under the California Environmental Quality Act (Division
13 (commencing with Section 21000) of the Public Resources Code). If
no public hearing is held with respect or will be
rezoned pursuant to the discretionary decision, then
program identified in the negative
declaration or mitigated negative declaration for the attached
jurisdiction's housing development may
be adopted only after a public hearing to receive comments on
element, as required by subdivision (c) of Section
65583, and either the negative declaration
rezoning has been completed or mitigated negative
declaration. three years have passed following the
date that the jurisdiction's housing element was adopted.
(B) The attached housing development is consistent with
both the jurisdiction's zoning ordinance and general plan as it
existed on the date the application was deemed complete, except that
an attached housing development shall not be deemed
does not contain more dwelling units than were projected by the
jurisdiction to be inconsistent with
accommodated on the zoning designation for the site if
that zoning designation is inconsistent with the general plan only
because sites described in subparagraph (A) of
paragraph (2) of subdivision (a) plus any density bonus units for
which the attached housing development
site has not been rezoned is eligible
pursuant to conform with the most recent adopted
general plan. Section 65915.
(C) The attached housing development is located in an
area that is covered by one of the following documents that has been
adopted by the jurisdiction within five years of the date the
application for the complies with applicable general
plan and zoning standards and criteria, including, but not limited
to, design standards, in effect when the attached housing
development was deemed complete: determined
to be complete.
(i) A general plan.
(ii) A revision or update to the general plan that includes at
least the land use and circulation elements.
(iii) An applicable community plan.
(iv) An applicable specific plan.
(D) The attached housing development consists of not more
than 100 residential units with a minimum density of not less than
12 units per acre or a minimum density of not less than eight units
per acre if the attached housing development consists of four or
fewer units. element is either:
(E) The attached housing development is located
(i) Located in an urbanized area
as defined in Section 21071 of the Public Resources Code or within a
census-defined place with a population density of at least 5,000
persons per square mile or, if the attached housing development
consists of 50 or fewer units, within an incorporated city with a
population density of at least 2,500 persons per square mile and a
total population of at least 25,000 persons.
(F) The attached housing development is located
(ii) Located on an infill site as
defined in Section 21061.0.5 21061.3
of the Public Resources Code.
(b) At least 10 percent of the units of the attached housing
development shall be available at affordable housing cost to very low
income households, as defined in Section 50105 of the Health and
Safety Code, or at least 20 percent of the units of the attached
housing development shall be available at affordable housing cost to
lower income households, as defined in Section 50079.5 of the Health
and Safety Code, or at least 50 percent of the units of the attached
housing development available at affordable housing cost to
moderate-income households, consistent with Section 50052.5 of the
Health and Safety Code. The jurisdiction shall require the
developer of the attached housing development shall
to provide sufficient legal commitments to the
local agency to ensure the continued availability and use of the
housing units for very low, low-, or moderate-income households for a
period of at least 30 years.
(c) Nothing in this section shall prohibit a local agency from
applying design and site review standards in existence on the date
the application was deemed complete.
(d)
(c) The provisions of this section are independent of
any obligation of a jurisdiction pursuant to subdivision (c) of
Section 65583 to identify multifamily sites developable by right.
(e)
(d) This section does not apply to the issuance of
coastal development permits pursuant to the California Coastal Act
(Division 20 (commencing with Section 30000) of the Public Resources
Code).
(f)
(e) This section does not relieve a public
agency from complying with the California Environmental Quality Act
(Division 13 (commencing with Section 21000) of the Public Resources
Code) or relieve an applicant or public agency from
complying with the Subdivision Map Act (Division 2 (commencing with
Section 66473)). 66410)).
(g)
(f) This section is applicable to all cities and
counties, including charter cities, because the Legislature finds
that the lack of affordable housing is of vital statewide importance,
and thus a matter of statewide concern.
(h)
(g) For purposes of this section, "attached housing
development" means a newly constructed or substantially rehabilitated
structure containing two or more dwelling units and
consisting only of residential units, that is a
housing development project, as defined by paragraph (2) of
subdivision (h) of Section 65589.5, but does not include a
second unit, as defined by paragraph (4) of subdivision (h)
(i) of Section 65852.2, or the conversion of an
existing structure to condominiums.
SEC. 2. No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because a local agency or school district has the
authority to levy service charges, fees, or assessments sufficient to
pay for the program or level of service mandated by this act, within
the meaning of Section 17556 of the Government Code.
SECTION 1. Section 65850 of the Government Code
is amended to read:
65850. The legislative body of any county or city may, pursuant
to this chapter, adopt ordinances that do any of the following:
(a) Regulate the use of buildings, structures, and land as between
industry, business, residences, open space, including agriculture,
recreation, enjoyment of scenic beauty, use of natural resources, and
other purposes.
(b) Regulate signs and billboards.
(c) Regulate all of the following:
(1) The location, height, bulk, number of stories, and size of
buildings and structures.
(2) The size and use of lots, yards, courts, and other open
spaces.
(3) The percentage of a lot which may be occupied by a building or
structure.
(4) The intensity of land use.
(d) Establish requirements for off-street parking and loading.
(e) Establish and maintain building setback lines.
(f) Create civic districts around civic centers, public parks,
public buildings, or public grounds, and establish regulations for
those civic districts.