AB 2522, as amended, Bloom. Land use: 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
begin delete not having more units than projected for the location and upon compliance with general plan and zoning standards and criteria.end delete 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.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 65589.4 of the Government Code is
2amended to read:
(a) An attached housing development shall be a
4permitted use by
begin delete right,end delete as defined in subdivision (i) of Section
begin delete 65583.2,end delete if it
6satisfies the requirements of subdivision (b) and either of the
8(1) The attached housing development satisfies the
9Section 21159.22, 21159.23, or 21159.24 of the Public Resources
11(2) The attached housing development meets all of the following
13(A) The attached housing development is either:
14(i) Located on a site that is identified in the jurisdiction’s
15inventory of land suitable for residential development described
16in paragraph (3) of subdivision (a) of Section 65583.
17(ii) Located on a site that has been or will be rezoned pursuant
18to the program identified in the jurisdiction’s housing element, as
19required by subdivision (c) of Section 65583,
20and either the rezoning has been completed or three years have
21passed following the date that the jurisdiction’s housing element
begin delete adopted.end delete
3(B) The attached housing development does not contain more
4dwelling units than were projected by the jurisdiction to be
5accommodated on the sites described in subparagraph (A)
begin delete of plus any density bonus units for
6paragraph (2) of subdivision (a)end delete
7which the development is eligible pursuant to Section 65915.
8(C) The attached housing development complies with applicable
9general plan and zoning standards and criteria, including, but not
10limited to, design standards, in effect when the attached housing
11development was determined to be complete.
22(D) The attached housing element is either:
23 (i) Located in an urbanized area as defined in Section 21071 of
24the Public Resources Code or within a census-defined place with
25a population density of at least 5,000 persons per square mile or,
26if the attached housing development consists of 50 or fewer units,
27within an incorporated city with a population density of at least
282,500 persons per square mile and a total population of at least
30(ii) Located on an infill site as defined in Section 21061.3 of
31the Public Resources Code.
32(b) At least 10 percent of the units of the attached housing
33development shall be available at affordable housing cost to very
34low income households, as defined in Section 50105 of the Health
35and Safety Code, or at least 20 percent of the units of the attached
36housing development shall be available at affordable housing cost
37to lower income households, as defined in Section 50079.5 of the
38Health and Safety Code, or at least 50 percent of the units of the
39attached housing development available at affordable housing cost
40to moderate-income households, consistent with Section 50052.5
P4 1of the Health and Safety Code. The jurisdiction shall require the
2 developer of the attached housing development to provide sufficient
3legal commitments to the local agency to ensure the continued
4availability and use of the housing units for very low, low-, or
5moderate-income households for a period of at least 30 years.
provisions of this section are independent of any
14obligation of a jurisdiction pursuant to subdivision (c) of Section
1565583 to identify multifamily sites developable by right.
16(d) This section does not apply to the issuance of coastal
17development permits pursuant to the California Coastal Act
18(Division 20 (commencing with Section 30000) of the Public
20(e) This section does not relieve an applicant or public agency
21from complying with the Subdivision Map Act (Division 2
22(commencing with Section 66410)).
23(f) This section is applicable to all cities and counties, including
24charter cities, because the Legislature finds that the lack of
25affordable housing is of vital statewide importance, and thus a
26matter of statewide concern.
27(g) For purposes of this section, “attached housing development”
28means a newly constructed or substantially rehabilitated structure
29containing two or more dwelling units that is a housing
30development project, as defined by paragraph (2) of subdivision
31(h) of Section 65589.5, but does not include a second unit, as
32defined by paragraph (4) of subdivision (i) of Section 65852.2, or
33the conversion of an existing structure to condominiums.
No reimbursement is required by this act pursuant to
35Section 6 of Article XIII B of the California Constitution because
36a local agency or school district has the authority to levy service
37charges, fees, or assessments sufficient to pay for the program or
P5 1level of service mandated by this act, within the meaning of Section
217556 of the Government Code.