Amended  IN  Assembly  May 11, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 3107

Introduced by Assembly Member Members Bloom and Ting

February 21, 2020

An act to add and repeal Section 65583.7 to of the Government Code, relating to land use.


LEGISLATIVE COUNSEL'S DIGEST


AB 3107, as amended, Bloom. Planning and zoning: general plan: housing development.
The Planning and Zoning Law requires that the legislative body of each county and each city adopt a comprehensive, long-term general plan for the physical development of the county and city, and specified land outside its boundaries, that includes, among other mandatory elements, a housing element. That law requires that the housing element include, among other things, an inventory of land suitable and available for residential development, as provided. If that inventory does not identify adequate sites to accommodate the need for groups of all household income levels, as specified, existing law requires the city or county to rezone those sites within specified periods.
This bill, notwithstanding any inconsistent provision of a city’s or county’s general plan, specific plan, zoning ordinance, or regulation, would require that a housing development in which at least 20% of the units have an affordable housing cost or affordable rent for lower income households, as those terms are defined, be an allowable authorized use on a site designated in any element of the general plan for commercial uses. uses if certain conditions apply. Among these conditions, the bill would require that the housing development be subject to a recorded deed restriction requiring that at least 20% of the units have an affordable housing cost or affordable rent for lower income households, as those terms are defined, and located on a site that satisfies specified criteria. The bill would require the city or county to apply certain height, density, and floor area ratio standards to a housing development that meets these criteria. The bill would require a jurisdiction to comply with these requirements only until it has completed the rezoning, required as described above, for the 6th revision of its housing element. The bill would repeal these provisions as of January 1, 2030.
The bill would include findings that 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, 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 65583.7 is added to the Government Code, to read:

65583.7.
 (a) Notwithstanding any inconsistent provision of a city’s or county’s general plan, specific plan, zoning ordinance, or regulation, and subject to subdivision (c), a housing development in which at least 20 percent of the units have an affordable housing cost or affordable rent for lower income households shall be an allowable authorized use on a site designated in any element of the general plan for commercial uses. uses if all of the following apply:
(1) The housing development is subject to a recorded deed restriction requiring that at least 20 percent of the units have an affordable housing cost or affordable rent for lower income households.
(2) The site of the housing development satisfies both of the following:
(A) The site of the housing development is not adjacent to any site that is an industrial use.
(B) At least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses. For purposes of this subparagraph, parcels that are only separated by a street or highway shall be considered to be adjoined.
(b) (1) A city or county shall apply the following development standards to a housing development that meets the criteria in subdivision (a), unless existing applicable zoning standards of the city or county are less restrictive:
(A) The height limit applicable to the housing development shall be the greatest of the following:
(i) The highest allowed height for the site of the housing development.
(ii) The highest allowed height for a commercial or residential use within one-half mile of the site of the housing development.
(iii) Thirty-six feet.
(B) The floor area ratio of the housing development shall be 0.6 times the number of stories that complies with the height limit under clause (i) of subdivision (A).
(C) The density limit applicable to the housing development shall be the greater of the following:
(i) The greatest allowed density for a mixed use or residential use within one-half mile of the site of the housing development.
(ii) The applicable density deemed appropriate to accommodate housing for lower income households identified in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2.
(2) In addition, the housing development shall comply with any applicable design standards of the city or county to the extent that those design standards do not prohibit the maximum height limit, density, or floor area ratio allowed under this section.
(3) Notwithstanding any other provision of this section, a developer of a housing development allowed in accordance with this section may apply for a density bonus pursuant to Section 65915.

(b)

(c) For purposes of this section:
(1) “Affordable housing cost” has the same meaning as defined in Section 50052.5 of the Health and Safety Code.
(2) “Affordable rent” has the same meaning as defined in Section 50053 of the Health and Safety Code.
(3) “Greatest allowed density” means the maximum allowable gross residential density, including any density that requires conditional approval, allowable under local zoning, including the zoning ordinances and any specific plan adopted by the applicable city or county that apply to the site of the housing development.
(4) “Highest allowable height” means the tallest height, including any height that requires conditional approval, allowable under local zoning, including the zoning ordinances and any specific plan adopted by the applicable city or county that apply to the site of the housing development.
(5) “Industrial use” includes, but is not limited to, utilities, manufacturing, wholesale trade, transportation, and warehousing.

(3)

(6) “Lower income households” has the same meaning as defined in Section 50079.5 of the Health and Safety Code.
(d) A jurisdiction shall only be subject to this section until it has completed the rezoning required by Section 65583 for the 6th revision of its housing element pursuant to this article.

(c)

(e) The Legislature finds and declares that ensuring the adequate production of affordable housing is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities.
(f) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.

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.