Bill Text: CA AB2522 | 2015-2016 | Regular Session | Amended
Bill Title: Land use: attached housing developments.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Failed) 2016-11-30 - From committee without further action. [AB2522 Detail]
Download: California-2015-AB2522-Amended.html
BILL NUMBER: AB 2522 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 5, 2016
AMENDED IN ASSEMBLY MARCH 18, 2016
INTRODUCED BY Assembly Member Bloom
FEBRUARY 19, 2016
An act to amend Section 65589.4 of the Government Code, relating
to housing.
LEGISLATIVE COUNSEL'S DIGEST
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, and subject to the
existing conditions imposed on a use by right, 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.
complying with written development standards
appropriate to meeting the jurisdiction's share of the regional
housing needs and providing housing for very low, low-, or
moderate-income households and replacement housing units. 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 1. Section 65589.4 of the Government Code is amended to
read:
65589.4. (a) An attached housing development shall be a permitted
use by right, right as defined in
subdivision (i) of Section 65583.2, 65583.2
and shall be subject to that subdivision 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.
(ii) Located on a site that has been or will be rezoned pursuant
to the program identified in the jurisdiction's housing element, as
required by paragraph (1) of subdivision (c) of Section
65583, and either the rezoning has been completed or three years have
passed following the date that the jurisdiction's housing element
was adopted. adopted, unless the deadline for
the rezoning has been extended pursuant to subdivision (f) of
Section 65583.
(B) The attached housing development does not contain more
dwelling units than were projected by the jurisdiction to be
accommodated on the sites described in subparagraph (A) of
paragraph (2) of subdivision (a) plus any density bonus
units for which the development is eligible pursuant to Section
65915.
(C) The attached housing development 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 determined to be complete.
(C) The attached housing development complies with objective,
quantifiable, written development standards, conditions, and policies
appropriate to, and consistent with, meeting the jurisdiction's
share of the regional housing need, except that an attached housing
development shall not be deemed to be inconsistent with the zoning
for the site if the rezoning described in paragraph (1) of
subdivision (c) of Section 65583 has not been completed for that site
three years after the date that the housing element was adopted,
unless the deadline for the rezoning has been extended pursuant to
subdivision (f) of Section 65583.
(D) The attached housing element is either:
(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.
(ii) Located on an infill site as defined in Section 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 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.
(b) The attached housing development provides both of the
following:
(1) "Housing for very low, low-, or moderate-income households" as
defined in paragraph (3) of subdivision (h) of Section 65589.5.
(2) Replacement housing units as required by paragraph (3) of
subdivision (c) of Section 65915.
(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.
(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).
(e) This section does not relieve an applicant or public agency
from complying with the Subdivision Map Act (Division 2 (commencing
with Section 66410)).
(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.
(g) For purposes of this section, "attached housing development"
means a newly constructed or substantially rehabilitated structure
containing two or more dwelling 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 (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.
