Amended  IN  Assembly  May 05, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 1851

Introduced by Assembly Member Wicks

January 06, 2020

An act to add Section 65913.6 to the Government Code, relating to land use.


LEGISLATIVE COUNSEL'S DIGEST


AB 1851, as amended, Wicks. Faith-based organization Religious institution affiliated housing development projects: parking requirements.
Existing law provides for various incentives intended to facilitate and expedite the construction of affordable housing, including the Density Bonus Law, which requires, when an applicant proposes a housing development within the jurisdiction of a local government, that the city, county, or city and county provide the developer with a density bonus and other incentives or concessions for the production of lower income housing units or for the donation of land within the development if the developer, among other things, agrees to construct a specified percentage of units for very low, low-, or moderate-income households or qualifying residents.
This bill would upon the request of a developer of a housing development project, require a local agency to ministerially approve a request to that local agency to reduce or eliminate any parking requirements that would otherwise be imposed by that local agency on the development if the housing development project qualifies as a faith-based organization affiliated housing development project, as defined. This bill would prohibit a local agency from requiring the replacement of religious-use parking spaces proposed to be eliminated by a faith-based organization spaces that a developer of a religious institution affiliated housing development project pursuant to a request made and ministerially approved pursuant to the bill, or project proposes to eliminate as part of that housing development project. The bill would prohibit the number of religious-use parking spaces requested to be eliminated from exceeding 50% of the number that are available at the time the request is made. The bill would prohibit a local agency from requiring the curing of any preexisting deficit of the number of religious-use parking spaces as a condition of approval of a faith-based organization religious institution affiliated housing development project. The bill would require a local agency to allow the number of religious-use parking spaces that will be available after completion of a religious institution affiliated housing development project to count toward the number of parking spaces otherwise required for approval. The bill would prohibit a local agency from denying a housing development project proposed by a religious institution, or a developer working with a religious institution, solely on the basis that the project will reduce the total number of parking spaces available at the place of worship provided that the total reduction does not exceed 50% of existing parking spaces. The bill would include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
By adding to the duties of local planning officials, 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   Local Program: YES  

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


SECTION 1.

 Section 65913.6 is added to the Government Code, to read:

65913.6.
 (a) For purposes of this section, all of the following definitions shall apply:

(1)“Faith-based organization” means a nonprofit corporation organized and registered for religious purposes.

(2)“Faith-based organization affiliated housing development project” means a housing development project that meets all of the following criteria:

(A)The housing development project is located on one or more contiguous parcels that are each owned entirely, whether directly or through a wholly owned company or corporation, by a faith-based organization.

(B)The housing development project qualifies as being near colocated religious-use parking by being any of the following:

(i)Located on one or more parcels that collectively contain religious-use parking.

(ii)Located adjacent to a parcel owned by the faith-based organization that contains religious-use parking.

(iii)Located on one or more parcels separated by no more than 0.1 miles from a parcel owned by the faith-based organization that contains religious-use parking.

(C)The housing development project qualifies for a density bonus under Section 65915.

(3)

(1) “Housing development project” means a housing development project as defined in paragraph (2) of subdivision (h) of Section 65589.5.

(4)

(2) “Local agency” means any county, city, or city and county, including any charter county, city, or city and county.
(3) “Place of worship” means a property owned or operated by a religious institution, that is used for the purpose of regular assembly by members of the institution.
(4) “Religious institution” means an institution owned, controlled, and operated and maintained by a bona fide church, religious denomination, or religious organization composed of multidenominational members of the same well-recognized religion, lawfully operating as a nonprofit religious corporation pursuant to Part 4 (commencing with Section 9110) of Division 2 of Title 1 of the Corporations Code.
(5) “Religious institution affiliated housing development project” means a housing development project that meets all of the following criteria:
(A) The housing development project is located on one or more contiguous parcels that are each owned entirely, whether directly or through a wholly owned company or corporation, by a religious institution.
(B) The housing development project qualifies as being near colocated religious-use parking by being any of the following:
(i) Located on one or more parcels that collectively contain religious-use parking.
(ii) Located adjacent to a parcel owned by the religious institution that contains religious-use parking.
(iii) Located on one or more parcels separated by no more than 0.1 miles from a parcel owned by the religious institution that contains religious-use parking.
(C) The housing development project qualifies for a density bonus under Section 65915.

(5)

(6) “Religious-use parking” parking spaces” means existing parking spaces that are required under the local agency’s parking requirements for places of worship.

(b)Notwithstanding any other law or ordinance, a local agency, upon the request of a developer of a housing development project, shall ministerially approve a request to that local agency to reduce or eliminate any parking requirements that would otherwise be imposed by that local agency on the development if the housing development project qualifies as a faith-based organization affiliated housing development project.

(c)

(b) (1) Notwithstanding any other law or ordinance, a local agency shall not require the replacement of religious-use parking spaces proposed to be eliminated by a faith-based organization that a developer of a religious institution affiliated housing development project pursuant to a request made and ministerially approved proposes to eliminate as part of that housing development project pursuant to this section.
(2) The number of religious-use parking spaces requested to be eliminated by a developer of a religious institution affiliated housing development project pursuant to this section shall not exceed 50 percent of the number of religious-use parking spaces that are available at the time the request is made.
(3) The elimination of religious-use parking spaces pursuant to a religious institution affiliated housing development project that has been approved by a local agency does not constitute a concession pursuant to Section 65915.

(d)

(c) Notwithstanding any other law or ordinance, a local agency shall not require the curing of any preexisting deficit of the number of religious-use parking spaces as a condition of approval of a faith-based organization religious institution affiliated housing development project.
(d) Notwithstanding any other law or ordinance, a local agency shall allow the number of religious-use parking spaces that will be available after completion of a religious institution affiliated housing development project to count toward the number of parking spaces otherwise required for approval of the housing development project under any other law or ordinance.
(e) Notwithstanding any other law or ordinance, a local agency shall not deny a housing development project proposed by a religious institution, or a developer working with a religious institution, solely on the basis that the project will reduce the total number of parking spaces available at the place of worship provided that the total reduction does not exceed 50 percent of existing parking spaces.

(e)

(f) The Legislature finds and declares that the provision of adequate housing, in light of the severe shortage of housing at all income levels in this state, is a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution, and therefore this section applies to all cities, including charter cities.

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.