California Assembly Bill AB2522 Amended / Bill

 BILL NUMBER: AB 2522AMENDED 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.