Bill Text: CA AB2356 | 2015-2016 | Regular Session | Amended

California Assembly Bill 2356 (Prior Session Legislation)

Bill Title: Planning and zoning: housing element: extremely low income housing.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2016-11-30 - From committee without further action. [AB2356 Detail]

Download: California-2015-AB2356-Amended.html

BILL NUMBER: AB 2356	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 2, 2016
	AMENDED IN ASSEMBLY  APRIL 26, 2016
	AMENDED IN ASSEMBLY  MARCH 29, 2016

INTRODUCED BY   Assembly Member Gomez

                        FEBRUARY 18, 2016

   An act to add Section 65583.3 to the Government Code, relating to
land use.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2356, as amended, Gomez. Planning and zoning: housing element:
extremely low income housing.
   The Planning and Zoning Law requires a city or county to adopt a
general plan for land use development that includes, among other
things, a housing element. That law requires the housing element to
include an assessment of housing needs and an inventory of resources
and constraints relevant to the meeting of these needs. That law
requires this assessment and inventory to include the identification
of a zone or zones where emergency shelters are allowed as a
permitted use without a conditional use or other discretionary
permit, as provided.
   This bill would authorize a city or county to additionally include
in its assessment and inventory the identification of housing for
extremely low income households, as defined. If a local government
elects to include this identification in its assessment and
inventory, the bill would impose certain requirements, including that
the identified zone or zones include sufficient capacity to
accommodate the need for housing for extremely low income households,
that the local government demonstrate that existing or proposed
permit processing, development, and management standards are
objective and encourage and facilitate the development of housing for
extremely low income households, and that housing for extremely low
income households generally be subject only to the development and
management standards that apply to residential or commercial
development within the same zone. The bill would also provide that
the  permit processing, development,  
development of zones  and  objective  management
standards  applied  under these provisions would not
be discretionary acts within the meaning of the California
Environmental Quality Act.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 65583.3 is added to the Government Code, to
read:
   65583.3.  The assessment and inventory adopted pursuant to
subdivision (a) of Section 65583 may include the identification of a
zone or zones where housing for extremely low income households, as
defined in Section 50106 of the Health and Safety Code, is allowed as
a permitted use without a conditional use or other discretionary
permit. If the local government elects to identify a zone or zones
pursuant to this section, all of the following shall apply:
   (a) The identified zone or zones shall include sufficient capacity
to accommodate the need for housing for extremely low income
households. If the local government cannot identify a zone or zones
with sufficient capacity, the local government shall include a
program to amend its zoning ordinance to meet the requirements of
this section within one year of the adoption of the housing element.
The local government may identify additional zones where housing for
extremely low income households is permitted with a conditional use
permit.
   (b) The local government shall also demonstrate that existing or
proposed permit processing, development, and management standards are
objective and encourage and facilitate the development of, or
conversion to, housing for extremely low income households. Housing
for extremely low income households may only be subject to those
development and management standards that apply to residential or
commercial development within the same zone except that a local
government may apply written, objective standards.
   (c) The  permit processing, development,  
development of zones  and  objective  management
standards  applied  under this section shall not be
deemed to be discretionary acts within the meaning of the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code).