Bill Text: CA SB10 | 2021-2022 | Regular Session | Amended
Bill Title: Planning and zoning: housing development: density.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Passed) 2021-09-16 - Chaptered by Secretary of State. Chapter 163, Statutes of 2021. [SB10 Detail]
Download: California-2021-SB10-Amended.html
Amended
IN
Senate
May 26, 2021 |
Amended
IN
Senate
April 27, 2021 |
Amended
IN
Senate
April 13, 2021 |
Amended
IN
Senate
March 22, 2021 |
Amended
IN
Senate
February 24, 2021 |
Introduced by Senator Wiener (Principal coauthors: Senators (Principal coauthor: Assembly Member Robert Rivas) |
December 07, 2020 |
LEGISLATIVE COUNSEL'S DIGEST
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 4752 is added to the Civil Code, to read:4752.
(a) Any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in a planned development, and any provision of a governing document, is void and unenforceable if it effectively prohibits or unreasonably restricts a use or density authorized by an ordinance adopted pursuant to Section 65913.5 of the Government Code.SEC. 2.
Section 65913.5 is added to the Government Code, to read:65913.5.
(a) (1) Notwithstanding any local restrictions on adopting zoning ordinances enacted by the jurisdiction, including restrictions enacted by a local voter initiative, that limit the legislative body’s ability to adopt zoning ordinances, a local government may adopt an ordinance to zone a parcel for up to 10 units of residential density per parcel, at a height specified by the local government in the ordinance, if the parcel is located in one of the following:(B)A jobs-rich area.
(C)
(c)
(d)A housing development project, as defined in subdivision (h) of Section 65589.5, that is proposed on a parcel subject to an ordinance adopted under this section shall be subject to the protections established in Section 65589.5.
(2)(A) “Jobs-rich area” means an area identified by the Department of Housing and Community Development in consultation with the Office of Planning and Research and other necessary
stakeholders that is high opportunity and either is jobs rich or would enable shorter commute distances based on whether, in a regional analysis, the tract meets both of the following:
(i)The tract is high opportunity, meaning its characteristics are associated with positive educational and economic outcomes for households of all income levels residing in the tract.
(ii)The tract meets either of the following criteria:
(I)New housing sited in the tract would enable residents to live near more jobs than is typical for tracts in the region.
(II)New housing sited in the tract would enable shorter commute distances for residents, relative to existing commute patterns and jobs-housing
fit.
(B)The Department of Housing and Community Development shall, commencing on January 1, 2023, publish and update, every five years thereafter, a map of the state showing the areas identified by the department as “jobs-rich areas.” The department shall begin with the most current version of the Department of Housing and Community Development and California Tax Credit Allocation Committee Opportunity Maps and update the methodology as it determines is appropriate to advance the goals of subparagraph (A).
(3)
(4)