CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 294Introduced by Senator WienerFebruary 02, 2023 An act to amend Section 65913.11 of the Government Code, relating to land use. LEGISLATIVE COUNSEL'S DIGESTSB 294, as introduced, Wiener. Housing development projects: floor area ratios. The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. Existing law prohibits a local agency, as defined, from imposing a floor area ratio standard that is less than 1.0 on a housing development project that consists of 3 to 7 units, or less than 1.25 on a housing development project that consists of 8 to 10 units. Existing law prohibits a local agency from imposing a lot coverage requirement that would physically preclude a housing development project of not more than 10 units from achieving the floor area ratios described above.This bill would delete the 10-unit maximum for eligible projects, and would prohibit a local agency from imposing a floor area ratio standard that is less than 2.5 on a housing development project that consists of 11 to 20 units. The bill would prohibit a local agency from imposing a floor area ratio standard that is less than 1.25 for every ten housing units, rounded to the nearest ten units, on a housing development project that consists of more than 20 units. By imposing new duties on local governments reviewing these housing development projects, the 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 65913.11 of the Government Code is amended to read:65913.11. (a) With respect to a housing development project that meets the requirements of subdivision (b), a local agency shall not do any of the following:(1) For a housing development project consisting of three to seven units, impose a floor area ratio standard that is less than 1.0.(2) For a housing development project consisting of 8 to 10 units, impose a floor area ratio standard that is less than 1.25.(3) For a housing development project consisting of 11 to 20 units, impose a floor area ratio standard that is less than 2.5.(4) For a housing development project consisting of more than 20 units, impose a floor area ratio standard that is less than 1.25 for every ten units, rounded to the nearest ten units. (3)(5) Deny a housing development project proposed to be developed on an existing legal parcel solely on the basis that the lot area of that existing parcel does not meet the local agencys requirements for minimum lot size.(b) To be eligible for the provisions in subdivision (a), a housing development project shall meet all of the following conditions:(1) The project consists of at least 3, but not more than 10, 3 units.(2) The project is located in a multifamily residential zone or a mixed-use zone, as designated by the local agency, and is not located in either of the following:(A) Within a single-family zone.(B) Within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.(3) The project is located on a legal parcel or parcels located in a city if, and only if, the city boundaries include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel or parcels wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.(c) (1) This section shall not be construed to prohibit a local agency from imposing any zoning or design standards, including, but not limited to, building height and setbacks, on a housing development project that meets the requirements of subdivision (b), other than zoning or design standards that establish floor area ratios or lot size requirements that expressly conflict with the standards in subdivision (a).(2) Notwithstanding paragraph (1), a local agency may not impose a lot coverage requirement that would physically preclude a housing development project that meets the requirements established in subdivision (b) from achieving the floor area ratio allowed in subdivision (a).(d) As used in this section:(1) Housing development project means a housing development project as defined in paragraph (2) of subdivision (h) of Section 65589.5.(2) Local agency means a county, city, or city and county, including a charter city, or city and county.(3) Unit means a unit of housing, but shall not include an accessory dwelling unit or a junior accessory dwelling unit.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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.
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Senate Bill No. 294Introduced by Senator WienerFebruary 02, 2023 An act to amend Section 65913.11 of the Government Code, relating to land use. LEGISLATIVE COUNSEL'S DIGESTSB 294, as introduced, Wiener. Housing development projects: floor area ratios. The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. Existing law prohibits a local agency, as defined, from imposing a floor area ratio standard that is less than 1.0 on a housing development project that consists of 3 to 7 units, or less than 1.25 on a housing development project that consists of 8 to 10 units. Existing law prohibits a local agency from imposing a lot coverage requirement that would physically preclude a housing development project of not more than 10 units from achieving the floor area ratios described above.This bill would delete the 10-unit maximum for eligible projects, and would prohibit a local agency from imposing a floor area ratio standard that is less than 2.5 on a housing development project that consists of 11 to 20 units. The bill would prohibit a local agency from imposing a floor area ratio standard that is less than 1.25 for every ten housing units, rounded to the nearest ten units, on a housing development project that consists of more than 20 units. By imposing new duties on local governments reviewing these housing development projects, the 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Senate Bill
No. 294
Introduced by Senator WienerFebruary 02, 2023
Introduced by Senator Wiener
February 02, 2023
An act to amend Section 65913.11 of the Government Code, relating to land use.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 294, as introduced, Wiener. Housing development projects: floor area ratios.
The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. Existing law prohibits a local agency, as defined, from imposing a floor area ratio standard that is less than 1.0 on a housing development project that consists of 3 to 7 units, or less than 1.25 on a housing development project that consists of 8 to 10 units. Existing law prohibits a local agency from imposing a lot coverage requirement that would physically preclude a housing development project of not more than 10 units from achieving the floor area ratios described above.This bill would delete the 10-unit maximum for eligible projects, and would prohibit a local agency from imposing a floor area ratio standard that is less than 2.5 on a housing development project that consists of 11 to 20 units. The bill would prohibit a local agency from imposing a floor area ratio standard that is less than 1.25 for every ten housing units, rounded to the nearest ten units, on a housing development project that consists of more than 20 units. By imposing new duties on local governments reviewing these housing development projects, the 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 requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. Existing law prohibits a local agency, as defined, from imposing a floor area ratio standard that is less than 1.0 on a housing development project that consists of 3 to 7 units, or less than 1.25 on a housing development project that consists of 8 to 10 units. Existing law prohibits a local agency from imposing a lot coverage requirement that would physically preclude a housing development project of not more than 10 units from achieving the floor area ratios described above.
This bill would delete the 10-unit maximum for eligible projects, and would prohibit a local agency from imposing a floor area ratio standard that is less than 2.5 on a housing development project that consists of 11 to 20 units. The bill would prohibit a local agency from imposing a floor area ratio standard that is less than 1.25 for every ten housing units, rounded to the nearest ten units, on a housing development project that consists of more than 20 units. By imposing new duties on local governments reviewing these housing development projects, the 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.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 65913.11 of the Government Code is amended to read:65913.11. (a) With respect to a housing development project that meets the requirements of subdivision (b), a local agency shall not do any of the following:(1) For a housing development project consisting of three to seven units, impose a floor area ratio standard that is less than 1.0.(2) For a housing development project consisting of 8 to 10 units, impose a floor area ratio standard that is less than 1.25.(3) For a housing development project consisting of 11 to 20 units, impose a floor area ratio standard that is less than 2.5.(4) For a housing development project consisting of more than 20 units, impose a floor area ratio standard that is less than 1.25 for every ten units, rounded to the nearest ten units. (3)(5) Deny a housing development project proposed to be developed on an existing legal parcel solely on the basis that the lot area of that existing parcel does not meet the local agencys requirements for minimum lot size.(b) To be eligible for the provisions in subdivision (a), a housing development project shall meet all of the following conditions:(1) The project consists of at least 3, but not more than 10, 3 units.(2) The project is located in a multifamily residential zone or a mixed-use zone, as designated by the local agency, and is not located in either of the following:(A) Within a single-family zone.(B) Within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.(3) The project is located on a legal parcel or parcels located in a city if, and only if, the city boundaries include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel or parcels wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.(c) (1) This section shall not be construed to prohibit a local agency from imposing any zoning or design standards, including, but not limited to, building height and setbacks, on a housing development project that meets the requirements of subdivision (b), other than zoning or design standards that establish floor area ratios or lot size requirements that expressly conflict with the standards in subdivision (a).(2) Notwithstanding paragraph (1), a local agency may not impose a lot coverage requirement that would physically preclude a housing development project that meets the requirements established in subdivision (b) from achieving the floor area ratio allowed in subdivision (a).(d) As used in this section:(1) Housing development project means a housing development project as defined in paragraph (2) of subdivision (h) of Section 65589.5.(2) Local agency means a county, city, or city and county, including a charter city, or city and county.(3) Unit means a unit of housing, but shall not include an accessory dwelling unit or a junior accessory dwelling unit.SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 65913.11 of the Government Code is amended to read:65913.11. (a) With respect to a housing development project that meets the requirements of subdivision (b), a local agency shall not do any of the following:(1) For a housing development project consisting of three to seven units, impose a floor area ratio standard that is less than 1.0.(2) For a housing development project consisting of 8 to 10 units, impose a floor area ratio standard that is less than 1.25.(3) For a housing development project consisting of 11 to 20 units, impose a floor area ratio standard that is less than 2.5.(4) For a housing development project consisting of more than 20 units, impose a floor area ratio standard that is less than 1.25 for every ten units, rounded to the nearest ten units. (3)(5) Deny a housing development project proposed to be developed on an existing legal parcel solely on the basis that the lot area of that existing parcel does not meet the local agencys requirements for minimum lot size.(b) To be eligible for the provisions in subdivision (a), a housing development project shall meet all of the following conditions:(1) The project consists of at least 3, but not more than 10, 3 units.(2) The project is located in a multifamily residential zone or a mixed-use zone, as designated by the local agency, and is not located in either of the following:(A) Within a single-family zone.(B) Within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.(3) The project is located on a legal parcel or parcels located in a city if, and only if, the city boundaries include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel or parcels wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.(c) (1) This section shall not be construed to prohibit a local agency from imposing any zoning or design standards, including, but not limited to, building height and setbacks, on a housing development project that meets the requirements of subdivision (b), other than zoning or design standards that establish floor area ratios or lot size requirements that expressly conflict with the standards in subdivision (a).(2) Notwithstanding paragraph (1), a local agency may not impose a lot coverage requirement that would physically preclude a housing development project that meets the requirements established in subdivision (b) from achieving the floor area ratio allowed in subdivision (a).(d) As used in this section:(1) Housing development project means a housing development project as defined in paragraph (2) of subdivision (h) of Section 65589.5.(2) Local agency means a county, city, or city and county, including a charter city, or city and county.(3) Unit means a unit of housing, but shall not include an accessory dwelling unit or a junior accessory dwelling unit.
SECTION 1. Section 65913.11 of the Government Code is amended to read:
### SECTION 1.
65913.11. (a) With respect to a housing development project that meets the requirements of subdivision (b), a local agency shall not do any of the following:(1) For a housing development project consisting of three to seven units, impose a floor area ratio standard that is less than 1.0.(2) For a housing development project consisting of 8 to 10 units, impose a floor area ratio standard that is less than 1.25.(3) For a housing development project consisting of 11 to 20 units, impose a floor area ratio standard that is less than 2.5.(4) For a housing development project consisting of more than 20 units, impose a floor area ratio standard that is less than 1.25 for every ten units, rounded to the nearest ten units. (3)(5) Deny a housing development project proposed to be developed on an existing legal parcel solely on the basis that the lot area of that existing parcel does not meet the local agencys requirements for minimum lot size.(b) To be eligible for the provisions in subdivision (a), a housing development project shall meet all of the following conditions:(1) The project consists of at least 3, but not more than 10, 3 units.(2) The project is located in a multifamily residential zone or a mixed-use zone, as designated by the local agency, and is not located in either of the following:(A) Within a single-family zone.(B) Within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.(3) The project is located on a legal parcel or parcels located in a city if, and only if, the city boundaries include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel or parcels wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.(c) (1) This section shall not be construed to prohibit a local agency from imposing any zoning or design standards, including, but not limited to, building height and setbacks, on a housing development project that meets the requirements of subdivision (b), other than zoning or design standards that establish floor area ratios or lot size requirements that expressly conflict with the standards in subdivision (a).(2) Notwithstanding paragraph (1), a local agency may not impose a lot coverage requirement that would physically preclude a housing development project that meets the requirements established in subdivision (b) from achieving the floor area ratio allowed in subdivision (a).(d) As used in this section:(1) Housing development project means a housing development project as defined in paragraph (2) of subdivision (h) of Section 65589.5.(2) Local agency means a county, city, or city and county, including a charter city, or city and county.(3) Unit means a unit of housing, but shall not include an accessory dwelling unit or a junior accessory dwelling unit.
65913.11. (a) With respect to a housing development project that meets the requirements of subdivision (b), a local agency shall not do any of the following:(1) For a housing development project consisting of three to seven units, impose a floor area ratio standard that is less than 1.0.(2) For a housing development project consisting of 8 to 10 units, impose a floor area ratio standard that is less than 1.25.(3) For a housing development project consisting of 11 to 20 units, impose a floor area ratio standard that is less than 2.5.(4) For a housing development project consisting of more than 20 units, impose a floor area ratio standard that is less than 1.25 for every ten units, rounded to the nearest ten units. (3)(5) Deny a housing development project proposed to be developed on an existing legal parcel solely on the basis that the lot area of that existing parcel does not meet the local agencys requirements for minimum lot size.(b) To be eligible for the provisions in subdivision (a), a housing development project shall meet all of the following conditions:(1) The project consists of at least 3, but not more than 10, 3 units.(2) The project is located in a multifamily residential zone or a mixed-use zone, as designated by the local agency, and is not located in either of the following:(A) Within a single-family zone.(B) Within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.(3) The project is located on a legal parcel or parcels located in a city if, and only if, the city boundaries include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel or parcels wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.(c) (1) This section shall not be construed to prohibit a local agency from imposing any zoning or design standards, including, but not limited to, building height and setbacks, on a housing development project that meets the requirements of subdivision (b), other than zoning or design standards that establish floor area ratios or lot size requirements that expressly conflict with the standards in subdivision (a).(2) Notwithstanding paragraph (1), a local agency may not impose a lot coverage requirement that would physically preclude a housing development project that meets the requirements established in subdivision (b) from achieving the floor area ratio allowed in subdivision (a).(d) As used in this section:(1) Housing development project means a housing development project as defined in paragraph (2) of subdivision (h) of Section 65589.5.(2) Local agency means a county, city, or city and county, including a charter city, or city and county.(3) Unit means a unit of housing, but shall not include an accessory dwelling unit or a junior accessory dwelling unit.
65913.11. (a) With respect to a housing development project that meets the requirements of subdivision (b), a local agency shall not do any of the following:(1) For a housing development project consisting of three to seven units, impose a floor area ratio standard that is less than 1.0.(2) For a housing development project consisting of 8 to 10 units, impose a floor area ratio standard that is less than 1.25.(3) For a housing development project consisting of 11 to 20 units, impose a floor area ratio standard that is less than 2.5.(4) For a housing development project consisting of more than 20 units, impose a floor area ratio standard that is less than 1.25 for every ten units, rounded to the nearest ten units. (3)(5) Deny a housing development project proposed to be developed on an existing legal parcel solely on the basis that the lot area of that existing parcel does not meet the local agencys requirements for minimum lot size.(b) To be eligible for the provisions in subdivision (a), a housing development project shall meet all of the following conditions:(1) The project consists of at least 3, but not more than 10, 3 units.(2) The project is located in a multifamily residential zone or a mixed-use zone, as designated by the local agency, and is not located in either of the following:(A) Within a single-family zone.(B) Within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.(3) The project is located on a legal parcel or parcels located in a city if, and only if, the city boundaries include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel or parcels wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.(c) (1) This section shall not be construed to prohibit a local agency from imposing any zoning or design standards, including, but not limited to, building height and setbacks, on a housing development project that meets the requirements of subdivision (b), other than zoning or design standards that establish floor area ratios or lot size requirements that expressly conflict with the standards in subdivision (a).(2) Notwithstanding paragraph (1), a local agency may not impose a lot coverage requirement that would physically preclude a housing development project that meets the requirements established in subdivision (b) from achieving the floor area ratio allowed in subdivision (a).(d) As used in this section:(1) Housing development project means a housing development project as defined in paragraph (2) of subdivision (h) of Section 65589.5.(2) Local agency means a county, city, or city and county, including a charter city, or city and county.(3) Unit means a unit of housing, but shall not include an accessory dwelling unit or a junior accessory dwelling unit.
65913.11. (a) With respect to a housing development project that meets the requirements of subdivision (b), a local agency shall not do any of the following:
(1) For a housing development project consisting of three to seven units, impose a floor area ratio standard that is less than 1.0.
(2) For a housing development project consisting of 8 to 10 units, impose a floor area ratio standard that is less than 1.25.
(3) For a housing development project consisting of 11 to 20 units, impose a floor area ratio standard that is less than 2.5.
(4) For a housing development project consisting of more than 20 units, impose a floor area ratio standard that is less than 1.25 for every ten units, rounded to the nearest ten units.
(3)
(5) Deny a housing development project proposed to be developed on an existing legal parcel solely on the basis that the lot area of that existing parcel does not meet the local agencys requirements for minimum lot size.
(b) To be eligible for the provisions in subdivision (a), a housing development project shall meet all of the following conditions:
(1) The project consists of at least 3, but not more than 10, 3 units.
(2) The project is located in a multifamily residential zone or a mixed-use zone, as designated by the local agency, and is not located in either of the following:
(A) Within a single-family zone.
(B) Within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
(3) The project is located on a legal parcel or parcels located in a city if, and only if, the city boundaries include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel or parcels wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(c) (1) This section shall not be construed to prohibit a local agency from imposing any zoning or design standards, including, but not limited to, building height and setbacks, on a housing development project that meets the requirements of subdivision (b), other than zoning or design standards that establish floor area ratios or lot size requirements that expressly conflict with the standards in subdivision (a).
(2) Notwithstanding paragraph (1), a local agency may not impose a lot coverage requirement that would physically preclude a housing development project that meets the requirements established in subdivision (b) from achieving the floor area ratio allowed in subdivision (a).
(d) As used in this section:
(1) Housing development project means a housing development project as defined in paragraph (2) of subdivision (h) of Section 65589.5.
(2) Local agency means a county, city, or city and county, including a charter city, or city and county.
(3) Unit means a unit of housing, but shall not include an accessory dwelling unit or a junior accessory dwelling unit.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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.
SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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.
### SEC. 2.