HomeMy WebLinkAboutStaff Report 7205
City of Palo Alto (ID # 7205)
City Council Staff Report
Report Type: Inter-Governmental Legislative Affairs Meeting Date: 8/22/2016
City of Palo Alto Page 1
Summary Title: Governor's By Right Housing Bill -- Status Update
Title: Status Update and Potential City Responses to the Governor's "By
Right" Housing Bill and Pending Bills Addressing Housing Issues
From: City Manager
Lead Department: Planning and Community Environment
Recommendation:
Staff recommends that the City Council discuss the status of the Governor’s “By Right” Housing
Proposal, as well as other pending bills related to housing issues, and direct the staff to prepare
a letter stating the City’s position on these bills, if desired.
Background & Discussion:
There has been a focus on housing in Sacramento this year, with a move by the Governor to
streamline local approval of housing projects, and several efforts to require local governments
to make it easier for second units (also called accessory dwelling units or “granny units”) to be
added within existing neighborhoods. This agenda item is intended to provide an update on
these activities and to allow the Council to weigh-in further if desired.
Governor’s By Right Housing Bill
In an effort to encourage housing production, Governor Jerry Brown proposed a trailer bill to
the May 2016-17 State budget revision that would streamline the approval of certain
multifamily housing projects that include a portion of deed-restricted affordable units. The idea
was to give certain multifamily projects “by right” entitlement to develop, thereby removing a
local government’s discretionary authority to reject such projects and shortening the approval
process.
The City Council provided comments (Attachment A) on an early version of the bill and in
response to comments like these, the Governor’s office both agreed to make changes, and to
subject the bill to review by the Legislature outside of the budget process. After meeting with
various stakeholders, including cities, labor groups, and environmental interests, we
understand the Governor is informally declaring his intent to withdraw the proposal. Staff will
be prepared to update the Council on August 22nd regarding any formal determinations.
City of Palo Alto Page 2
Second Unit Legislation
Separately, the legislature has been working on three bills regarding second units, which are
summarized below. (These summaries are derived from the analysis presented in legislative
committee this summer.)
SB 1069 (Wieckowski) and AB 2299 (Bloom)
These bills would repeal a local government's ability to prohibit second units and prohibit local
agencies from imposing a parking requirement on new second units in some instances. Also,
under the current version SB 1069, ADUs cannot be considered new residential uses for the
purposes of calculating private or public utility connection fees. According to the author, the
intent of this provision is not to prohibit any utility fees from being charged on ADUs. Rather, it
is to ensure that "some utility and hook-up fees can be charged provided that these are
calibrated to reflect the actual impact of an accessory dwelling on an existing lot that already
has utility service, landscaping, and a primary dwelling." City staff has engaged legislative staff
to clarify language in SB 1069.
Copies of these bills are included as Attachment C and D. As of August 10, SB 1069 is headed to
the Appropriations committee for a hearing and AB 2299 will be taken up on the Senate floor
shortly.
AB 2406 (Thurmond)
This bill would define a “junior accessory dwelling unit” as a unit created by repurposing
existing, spare bedrooms and creating a small, simple and flexible type of in-law apartment
within the current building envelop. The bill would prohibit requiring additional parking, and
eliminates requirements for fire separation and fire sprinklers, as the in-law apartment stays
connected to the main living area through an adjoining door. As of August 9th, an urgency
clause was added, meaning the bill will take effect immediately if and when the Governor signs
the bill.
A copy of AB 2406 is included as Attachment E. As of August 10, this bill will be taken up on the
Senate floor shortly.
Density Bonus Legislation
There is a bill moving forward to amend the State Density Bonus law that may also be of
interest. As we understand it, AB 2501 (Bloom) would prohibit local agencies from requiring
additional studies (like Palo Alto’s pro forma requirement) when considering requests for
concessions under the State Density Bonus Law. The bill does allow local governments to
require reasonable documentation when a density bonus is requested.
A copy of AB 2501 is included as Attachment F. As of August 10, the bill will be taken up on the
Senate floor shortly.
On August 22nd, staff will update Council on the current status of each bill.
City of Palo Alto Page 3
Attachments:
Attachment A: City's Comment Letter on the June Version of the Bill (PDF)
Attachment B: CSAC COMMENT LETTER 7 14 16 (PDF)
Attachment C: SB-1069 Second Units (PDF)
Attachment D: AB-2299 Second Units (PDF)
Attachment F: AB-2501 Housing_ density bonuses. (PDF)
Attachment E: AB-2406 Junior Accessory Units (PDF)
P.O. Box 10250
Palo Alto, CA 94303
650.329.2571
650.328.3631 fax
June 9, 2016
The Honorable Edmund G. Brown, Jr. Governor, State of California
State Capitol Building
Sacramento, CA 95814
RE: By Right Housing Proposal Notice of Opposition
Dear Governor Brown:
After considerable examination, the City of Palo Alto opposes your recently released proposal to
limit local discretionary land use approvals of specified housing developments by having such
opportunities for public review, project-level environmental review and any helpful design review,
all of which are essential to promote thoughtful and sustainable housing development.
First, this legislation is more than an item on a budget sheet; it is a significant statewide policy
proposal. Such fundamental policy changes should not be rushed through as a budget proposal, but
merit review by the appropriate legislative committees in a deliberative fashion.
The 30 day review and response time required by the proposal effectually eliminates public review of
these major development projects, which, in turn, undermines the principals of transparency and
public engagement. Absent such principals, the integrity of local government may be at stake. While
it may be frustrating for some developers to modify their projects to address concerns about traffic,
parking, massing and other development impacts, those affected by such projects have a right to have
their concerns considered redressed. Indeed, it is the public nature of the development process that
encourages decision makers to balance the interests of all stakeholders for any given project.
Moreover, public review and discussion uphold the accountability of elected officials and ensures a
fair process for all proposals. Without an adequate opportunity for the public to voice concerns or
support for a project, your proposal risks eroding the fundamental trust between developers, the
public, and local elected officials.
Restricting design review is also short-
design of its built environment. The people that make up that community and the local experts that
can offer technical insights should be allowed a reasonable amount of time to consider and contribute
to that design. More practically, the design review process can serve as the time to gain the most
community support for a proposed project. Condensing the timeline for design review weakens the
City of Palo Alto
Office of the Mayor and City Council
P.O. Box 10250
Palo Alto, CA 94303
650.329.2571
650.328.3631 fax
opportunity to foster community acceptance and needlessly raises the possibility of long term
significant compatibility concerns or simply bad design eliminates meaningful design review.
Amendments, published as recently as June 1, 2016 have improved the proposal. It now clarifies that
and other amendments diminish the ambiguity about what objective zoning standards the project
must satisfy. These clarifications while helpful still limit local control by maintaining the review of
city wide, which is 5-10% higher than the transit priority area requirements in the proposal.
Aided by the mechanisms of the traditional legislative process, we are certain that state legislators
and local jurisdictions could craft a much stronger proposal; one that balances the interests of the
state and individual municipalities. Recognizing the importance of balancing both housing needs and
local control, we intend to work with the League of California Cities, our lobbyists and legislators on
improvements to the bill. Notwithstanding our objections above, we believe the following
amendments are examples demonstrating how the bill could be improved.
Amendments
1. Amend section 65913.3(a)(3) to ensure the proposal does not unintentionally serve as a
means to create more commercial uses than housing units:
containing two or more dwelling units that is a housing development project as defined by
subdivision (2) of subsection (h) of Section 65589.5 of the Government Code, but does not
include a second unit, as defined by subdivision (4) of subsection (i) of Section 65852.2 of
the Government Code, or the conversion of an existing structure to condominiums. To the
extent the attached housing development is a mixed use project, the neighborhood
commercial component shall not exceed the square footage of the housing component. In
cities that have a jobs to employed residents ratio greater than 3 to 1, the development shall
not exacerbate the jobs-housing imbalance.
2. Amend section 65913.3(d) to both increase the time allowed for the design review process
review provided it does not
reduce units:
Any design review of the development shall not exceed ninety (90) one hundred twenty (120)
days from the submittal of the development to the local government pursuant to this section,
and shall not in any way inhibit, chill, result in a reduction of proposed housing units or
preclude the ministerial approval provided by this section and the effect thereof.
3. Amend section 65913.3(b)(4)(C)to increase the required level of affordability in jurisdictions
which have existing inclusionary requirements in excess of those described in the bill:
P.O. Box 10250
Palo Alto, CA 94303
650.329.2571
650.328.3631 fax
property to a level of affordability equal to or greater than either of the following:
(i) At least ten percent of the total units of a housing development for lower income
households, as defined in Section 50079.5 of the Health and Safety Code.
(ii) At least five percent of the total units of a housing development for very low income
households, as defined in Section 50105 of Health and Safety Code.
(iii) Subsections (i) and (ii) notwithstanding, in cities and counties where inclusionary zoning
restrictions require a higher percentage of units to be reserved for low or very low income
households, as defined in Section 50079.5 and Section 50105 of the Health and Safety Code,
then such higher requirements shall apply.
4. Amend 65913.3(k) to ensure that moderate, low or very low income tenants displaced as a
result of the new development have priority for occupying any new housing, in addition to
the rights afforded to those same individuals under the Government Code Section 7260 et
seq.
We cannot support a housing proposal without far more protection for local authority in the
development process.
On behalf of the residents we represent who deserve a voice in the future shape of their communities;
the City of Palo Alto respectfully states our opposition to this measure.
Sincerely,
Patrick Burt, Mayor
City of Palo Alto
Cc: The Honorable Anthony Rendon, Speaker, California State Assembly
The Honorable Kevin de Leon, President pro Tempore, California State Senate
The Honorable Phil Ting, Vice Chair, Joint Budget Conference Committee
The Honorable Mark Leno, Chair, Joint Budget Conference Committee
The Honorable Rich Gordon, Assembly Member
The Honorable Adrin Nazarian, Assembly Member
The Honorable Jerry Hill, Senator
The Honorable Richard Roth, Senator
Graciela Castillo-Krings, Office of Governor Edmund G. Brown, Jr.
Ben Metcalf, Director, California Department of Housing and Community Development
Dan Carrigg, League of California Cities, CarriggD@cacities.org
The Palo Alto City Council
C/O STEFAN/GEORGE ASSOCIATES
1333 36TH STREET
SACRAMENTO CA 95816-5401
P: 916.736.2434
F: 916.456.1283
www.calapa.org
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July 14, 2016
The Honorable Jerry Brown
Governor of California
State Capitol, Room 1173
Sacramento, California 95814
SUBJECT: Comments on June 10, 2016 Version of By Right Approval
of Affordable Housing Budget Trailer Bill
Dear Governor Brown:
The American Planning Association, California Chapter (APA California) and the
California State Association of Counties (CSAC) have continued to monitor and
comment on your budget trailer bill proposal that would require by right approval
of affordable housing meeting specific criteria. To date, a significant majority of
our concerns have not been addressed in any of the drafts released, including
the most recent June 10th version of the proposal. We had a conference call with
HCD and your staff a few weeks ago and have scheduled another meeting to
discuss our ongoing concerns. In addition, we are providing with this letter
detailed technical comments on the latest draft (see attached).
Both APA and CSAC support by right approvals of affordable housing but in a
more limited application than the draft trailer bill currently mandates. We
strongly urge you to use the latest version of AB 2522 (Bloom) as the basis
for your proposal. This more limited concept would use ministerial approval
processes already authorized in existing law. Projects would qualify for the by
right approval if they are located on infill sites already designated by the city or
county in the housing element for housing, in truly urbanized areas, and
consistent with written, adopted, objective General Plan, zoning and design
review criteria. By right approval would apply to multifamily rental housing
projects that include at least 20% low-income or 100% moderate-income
(workforce) housing. Such by right approval is already required on any housing
element site where rezoning was required. APA and CSAC also support a
requirement for notice of and public comment during the ministerial design review
of the project, and for delaying implementation of the bill one to two years to
allow cities and counties the time to adopt written, objective by right criteria.
These by right concepts were vetted by multiple planning experts to ensure
consistency with existing planning laws, processes, definitions, and ministerial
review, and targets both low-income and workforce housing. The plight of
moderate-income households, particularly in coastal counties, has been well
documented, and the by right process should be available to assist those
households as well.
C/O STEFAN/GEORGE ASSOCIATES
1333 36TH STREET
SACRAMENTO CA 95816-5401
P: 916.736.2434
F: 916.456.1283
www.calapa.org
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However, the June 10th by right budget trailer bill continues to be much broader
in application and requires in many cases substantially fewer affordable units
than the concept outlined above. The trailer bill also includes a number of
provisions that are inconsistent with existing requirements related to project
review at the local level, are written poorly, and which seem to be at cross
purposes with the goal of the bill. Without changes to these provisions, APA and
CSAC cannot support the budget trailer bill.
In addition to the technical concerns with the bill included in the attached, we
respectfully request the following amendments:
In proposed S. 65913.3(a)(13), narrow the sites eligible for by right to actual
infill sites identified in the housing element. Instead of using the current
broad definition of urban uses in (13) that includes any residential or non-
residential uses at any density, amend the bill to require the sites to be
designated by the city or county in the housing element for housing and use the
definition of “urbanized area” from existing S. 65589.4 to read as follows: (13)
“Urbanized area” means an area defined in S. 21071 of the Public Resources
Code or within a census designated 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 2,500
persons per square mile and a total population of at least 25,000 persons.
In proposed S. 65913.3(h), delete these provisions which allow “any
person” to file suit either to enforce the statute to grant ministerial
approval or to challenge a by right decision made consistent with the
statute. This invites lawsuits against local government from both proponents and
opponents of the project and is not needed, since a writ of mandate is always
available if government is not performing its required duties.
In proposed S. 65913.3(b)(4)(C) & (D), amend to require at least 20% low-
income or 100% moderate-income (workforce) housing be included in a
project to be eligible for by right housing.
Delete proposed S. 65913.3(b)(5)(H) that grants HCD unprecedented control
over local land use authority. Section (H) grants HCD the authority to
determine areas inappropriate for affordable housing development and the
authority to develop regulations with objective criteria for making those
determinations. It then inexplicably does not actually require HCD to adopt
regulations in order to object to local land use and zoning decisions. This simply
is contradictory, appears aimed at allowing HCD additional authority over
housing elements, and is not related to applicants requesting by right approvals.
Amend proposed S. 65913(d) to start the clock after submittal of a complete
application, and to allow adequate time for review: Require the city or county
to determine whether a project is consistent with the objective criteria and with
the objective planning standards, including consistency with objective design
review standards, within 120 days after an application under this by right section
is deemed complete. The process for determining completeness is familiar to
local agencies and developers and ensures that adequate information is
available to make an informed decision.
Add a new S. 65913.3 (o) to state that the Coastal Act applies to sites that
are in the coastal zone: (o) Nothing in this section shall be construed to relieve
the public agency from complying with the California Coastal Act of 1976
C/O STEFAN/GEORGE ASSOCIATES
1333 36TH STREET
SACRAMENTO CA 95816-5401
P: 916.736.2434
F: 916.456.1283
www.calapa.org
3
(Division 20 commencing with Section 30000) of the Public Resources Code.
Add language to ensure that ‘by right’ approval is a recognized incentive
under the Costa Hawkins Act so that developers’ promises to provide
affordable rental housing are enforceable and not in violation of the Costa
Hawkins Act. See suggested language in 65913.3(c).
Require OPR, in consultation with cities and counties, to develop additional
guidance and examples of “objective zoning standards” and to develop
examples of how ministerial design criteria may be accomplished.
Tie the by right statute to the allocation of monies to update local general
plans and develop design criteria and provide increased housing tax
credits and/or other general fund dollars and the creation of a permanent
source to support the ongoing construction of affordable housing.
APA and CSAC believe that a by right statute would be an important tool for
cities and counties to get affordable and market-rate housing built on urban sites
consistent with their own planning, zoning and design standards -- while at the
same time providing a fast-track advantage for market-rate developers who elect
to build affordable and workforce housing.
If the state could add 20% affordable housing to every market-rate development,
the increase in the affordable housing stock would be increased dramatically. By
right approval of mixed-income housing will actually help to get housing built,
while retaining important opportunities for the public to participate in planning for
housing in their own communities early in the process. However, there is still a
need for funds to assist in the construction of affordable housing. By right
housing alone will not be the answer to fulfill the need.
Our organizations remain willing to work with your office and HCD on this issue
and amendments to address our concerns. If you have any questions, please
contact APA California’s lobbyist, Sande George with Stefan/George Associates,
916-443-5301 or sgeorge@stefangeorge.com or Kiana Valentine, legislative
representative for CSAC, (916) 266-3892, kvalentine@counties.org.
Sincerely,
John Terell
John Terell, AICP
Vice President Policy and Legislation, APA California
jcterell@aol.com
Kiana Valentine
Legislative Representative, California State Association of Counties
cc: HCD
Members of the Budget Conference Committee
Republican Caucus
The Honorable Anthony Rendon, Speaker of the Assembly
The Honorable Kevin De Leon, President Pro Tem of the Senate
OPR
AMENDED IN ASSEMBLY AUGUST 1, 2016
AMENDED IN ASSEMBLY JUNE 16, 2016
AMENDED IN SENATE APRIL 26, 2016
AMENDED IN SENATE APRIL 13, 2016
AMENDED IN SENATE APRIL 6, 2016
SENATE BILL No. 1069
Introduced by Senator Wieckowski
(Coauthor: Assembly Member Atkins)
February 16, 2016
An act to amend Sections 65582.1, 65583.1, 65589.4, 65852.150,
65852.2, and 66412.2 of the Government Code, relating to land use.
legislative counsel’s digest
SB 1069, as amended, Wieckowski. Land use: zoning.
The Planning and Zoning Law authorizes the legislative body of a
city or county to regulate, among other things, the intensity of land use,
and also authorizes a local agency to provide by ordinance for the
creation of 2nd units in single-family and multifamily residential zones,
as specified. That law makes findings and declarations with respect to
the value of 2nd units to California’s housing supply.
This bill would replace the term “second unit” with “accessory
dwelling unit” throughout the law. The bill would additionally find and
declare that, among other things, allowing accessory dwelling units in
single-family or multifamily residential zones provides additional rental
housing stock stock, and these units are an essential component of
housing supply in California.
94
The Planning and Zoning Law authorizes the ordinance for the
creation of 2nd units in single-family and multifamily residential zones
to include specified provisions regarding areas where accessory dwelling
units may be located, standards, including the imposition of parking
standards, and lot density. Existing law, when a local agency has not
adopted an ordinance governing 2nd units as so described, requires the
local agency to approve or disapprove the application ministerially, as
provided.
This bill would instead require the ordinance for the creation of
accessory dwelling units to include the provisions described above. The
bill would prohibit the imposition of parking standards under specified
circumstances. The bill would revise requirements for the approval or
disapproval of an accessory dwelling unit application when a local
agency has not adopted an ordinance. The bill would also require the
ministerial approval of an application for a building permit to create an
one accessory dwelling unit within the existing space of a single family
single-family residence or accessory structure, as specified. The bill
would prohibit a local agency from requiring an applicant for this
permit to install a new or separate utility connection directly between
the unit and the utility or imposing a related connection fee or capacity
charge. The bill would authorize a local agency to impose this
requirement for other accessory dwelling units.
By increasing the duties of local 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.
State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 65582.1 of the Government Code is
line 2 amended to read:
line 3 65582.1. The Legislature finds and declares that it has provided
line 4 reforms and incentives to facilitate and expedite the construction
line 5 of affordable housing. Those reforms and incentives can be found
line 6 in the following provisions:
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— 2 —SB 1069
line 1 (a) Housing element law (Article 10.6 (commencing with
line 2 Section 65580) of Chapter 3).
line 3 (b) Extension of statute of limitations in actions challenging the
line 4 housing element and brought in support of affordable housing
line 5 (subdivision (d) of Section 65009).
line 6 (c) Restrictions on disapproval of housing developments
line 7 (Section 65589.5).
line 8 (d) Priority for affordable housing in the allocation of water and
line 9 sewer hookups (Section 65589.7).
line 10 (e) Least cost zoning law (Section 65913.1).
line 11 (f) Density bonus law (Section 65915).
line 12 (g) Accessory dwelling units (Sections 65852.150 and 65852.2).
line 13 (h) By-right housing, in which certain multifamily housing are
line 14 designated a permitted use (Section 65589.4).
line 15 (i) No-net-loss-in zoning density law limiting downzonings and
line 16 density reductions (Section 65863).
line 17 (j) Requiring persons who sue to halt affordable housing to pay
line 18 attorney fees (Section 65914) or post a bond (Section 529.2 of the
line 19 Code of Civil Procedure).
line 20 (k) Reduced time for action on affordable housing applications
line 21 under the approval of development permits process (Article 5
line 22 (commencing with Section 65950) of Chapter 4.5).
line 23 (l) Limiting moratoriums on multifamily housing (Section
line 24 65858).
line 25 (m) Prohibiting discrimination against affordable housing
line 26 (Section 65008).
line 27 (n) California Fair Employment and Housing Act (Part 2.8
line 28 (commencing with Section 12900) of Division 3).
line 29 (o) Community redevelopment law (Part 1 (commencing with
line 30 Section 33000) of Division 24 of the Health and Safety Code, and
line 31 in particular Sections 33334.2 and 33413).
line 32 SEC. 2. Section 65583.1 of the Government Code is amended
line 33 to read:
line 34 65583.1. (a) The Department of Housing and Community
line 35 Development, in evaluating a proposed or adopted housing element
line 36 for substantial compliance with this article, may allow a city or
line 37 county to identify adequate sites, as required pursuant to Section
line 38 65583, by a variety of methods, including, but not limited to,
line 39 redesignation of property to a more intense land use category and
line 40 increasing the density allowed within one or more categories. The
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SB 1069— 3 —
line 1 department may also allow a city or county to identify sites for
line 2 accessory dwelling units based on the number of accessory
line 3 dwelling units developed in the prior housing element planning
line 4 period whether or not the units are permitted by right, the need for
line 5 these units in the community, the resources or incentives available
line 6 for their development, and any other relevant factors, as determined
line 7 by the department. Nothing in this section reduces the responsibility
line 8 of a city or county to identify, by income category, the total number
line 9 of sites for residential development as required by this article.
line 10 (b) Sites that contain permanent housing units located on a
line 11 military base undergoing closure or conversion as a result of action
line 12 pursuant to the Defense Authorization Amendments and Base
line 13 Closure and Realignment Act (Public Law 100-526), the Defense
line 14 Base Closure and Realignment Act of 1990 (Public Law 101-510),
line 15 or any subsequent act requiring the closure or conversion of a
line 16 military base may be identified as an adequate site if the housing
line 17 element demonstrates that the housing units will be available for
line 18 occupancy by households within the planning period of the
line 19 element. No sites containing housing units scheduled or planned
line 20 for demolition or conversion to nonresidential uses shall qualify
line 21 as an adequate site.
line 22 Any city, city and county, or county using this subdivision shall
line 23 address the progress in meeting this section in the reports provided
line 24 pursuant to paragraph (1) of subdivision (b) of Section 65400.
line 25 (c) (1) The Department of Housing and Community
line 26 Development may allow a city or county to substitute the provision
line 27 of units for up to 25 percent of the community’s obligation to
line 28 identify adequate sites for any income category in its housing
line 29 element pursuant to paragraph (1) of subdivision (c) of Section
line 30 65583 where the community includes in its housing element a
line 31 program committing the local government to provide units in that
line 32 income category within the city or county that will be made
line 33 available through the provision of committed assistance during
line 34 the planning period covered by the element to low- and very low
line 35 income households at affordable housing costs or affordable rents,
line 36 as defined in Sections 50052.5 and 50053 of the Health and Safety
line 37 Code, and which meet the requirements of paragraph (2). Except
line 38 as otherwise provided in this subdivision, the community may
line 39 substitute one dwelling unit for one dwelling unit site in the
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— 4 —SB 1069
line 1 applicable income category. The program shall do all of the
line 2 following:
line 3 (A) Identify the specific, existing sources of committed
line 4 assistance and dedicate a specific portion of the funds from those
line 5 sources to the provision of housing pursuant to this subdivision.
line 6 (B) Indicate the number of units that will be provided to both
line 7 low- and very low income households and demonstrate that the
line 8 amount of dedicated funds is sufficient to develop the units at
line 9 affordable housing costs or affordable rents.
line 10 (C) Demonstrate that the units meet the requirements of
line 11 paragraph (2).
line 12 (2) Only units that comply with subparagraph (A), (B), or (C)
line 13 qualify for inclusion in the housing element program described in
line 14 paragraph (1), as follows:
line 15 (A) Units that are to be substantially rehabilitated with
line 16 committed assistance from the city or county and constitute a net
line 17 increase in the community’s stock of housing affordable to low-
line 18 and very low income households. For purposes of this
line 19 subparagraph, a unit is not eligible to be “substantially
line 20 rehabilitated” unless all of the following requirements are met:
line 21 (i) At the time the unit is identified for substantial rehabilitation,
line 22 (I) the local government has determined that the unit is at imminent
line 23 risk of loss to the housing stock, (II) the local government has
line 24 committed to provide relocation assistance pursuant to Chapter 16
line 25 (commencing with Section 7260) of Division 7 of Title 1 to any
line 26 occupants temporarily or permanently displaced by the
line 27 rehabilitation or code enforcement activity, or the relocation is
line 28 otherwise provided prior to displacement either as a condition of
line 29 receivership, or provided by the property owner or the local
line 30 government pursuant to Article 2.5 (commencing with Section
line 31 17975) of Chapter 5 of Part 1.5 of Division 13 of the Health and
line 32 Safety Code, or as otherwise provided by local ordinance; provided
line 33 the assistance includes not less than the equivalent of four months’
line 34 rent and moving expenses and comparable replacement housing
line 35 consistent with the moving expenses and comparable replacement
line 36 housing required pursuant to Section 7260, (III) the local
line 37 government requires that any displaced occupants will have the
line 38 right to reoccupy the rehabilitated units, and (IV) the unit has been
line 39 found by the local government or a court to be unfit for human
line 40 habitation due to the existence of at least four violations of the
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SB 1069— 5 —
line 1 conditions listed in subdivisions (a) to (g), inclusive, of Section
line 2 17995.3 of the Health and Safety Code.
line 3 (ii) The rehabilitated unit will have long-term affordability
line 4 covenants and restrictions that require the unit to be available to,
line 5 and occupied by, persons or families of low- or very low income
line 6 at affordable housing costs for at least 20 years or the time period
line 7 required by any applicable federal or state law or regulation.
line 8 (iii) Prior to initial occupancy after rehabilitation, the local code
line 9 enforcement agency shall issue a certificate of occupancy indicating
line 10 compliance with all applicable state and local building code and
line 11 health and safety code requirements.
line 12 (B) Units that are located either on foreclosed property or in a
line 13 multifamily rental or ownership housing complex of three or more
line 14 units, are converted with committed assistance from the city or
line 15 county from nonaffordable to affordable by acquisition of the unit
line 16 or the purchase of affordability covenants and restrictions for the
line 17 unit, are not acquired by eminent domain, and constitute a net
line 18 increase in the community’s stock of housing affordable to low-
line 19 and very low income households. For purposes of this
line 20 subparagraph, a unit is not converted by acquisition or the purchase
line 21 of affordability covenants unless all of the following occur:
line 22 (i) The unit is made available for rent at a cost affordable to
line 23 low- or very low income households.
line 24 (ii) At the time the unit is identified for acquisition, the unit is
line 25 not available at an affordable housing cost to either of the
line 26 following:
line 27 (I) Low-income households, if the unit will be made affordable
line 28 to low-income households.
line 29 (II) Very low income households, if the unit will be made
line 30 affordable to very low income households.
line 31 (iii) At the time the unit is identified for acquisition the unit is
line 32 not occupied by low- or very low income households or if the
line 33 acquired unit is occupied, the local government has committed to
line 34 provide relocation assistance prior to displacement, if any, pursuant
line 35 to Chapter 16 (commencing with Section 7260) of Division 7 of
line 36 Title 1 to any occupants displaced by the conversion, or the
line 37 relocation is otherwise provided prior to displacement; provided
line 38 the assistance includes not less than the equivalent of four months’
line 39 rent and moving expenses and comparable replacement housing
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line 1 consistent with the moving expenses and comparable replacement
line 2 housing required pursuant to Section 7260.
line 3 (iv) The unit is in decent, safe, and sanitary condition at the
line 4 time of occupancy.
line 5 (v) The unit has long-term affordability covenants and
line 6 restrictions that require the unit to be affordable to persons of low-
line 7 or very low income for not less than 55 years.
line 8 (vi) For units located in multifamily ownership housing
line 9 complexes with three or more units, or on or after January 1, 2015,
line 10 on foreclosed properties, at least an equal number of
line 11 new-construction multifamily rental units affordable to lower
line 12 income households have been constructed in the city or county
line 13 within the same planning period as the number of ownership units
line 14 to be converted.
line 15 (C) Units that will be preserved at affordable housing costs to
line 16 persons or families of low- or very low incomes with committed
line 17 assistance from the city or county by acquisition of the unit or the
line 18 purchase of affordability covenants for the unit. For purposes of
line 19 this subparagraph, a unit shall not be deemed preserved unless all
line 20 of the following occur:
line 21 (i) The unit has long-term affordability covenants and
line 22 restrictions that require the unit to be affordable to, and reserved
line 23 for occupancy by, persons of the same or lower income group as
line 24 the current occupants for a period of at least 40 years.
line 25 (ii) The unit is within an “assisted housing development,” as
line 26 defined in paragraph (3) of subdivision (a) of Section 65863.10.
line 27 (iii) The city or county finds, after a public hearing, that the unit
line 28 is eligible, and is reasonably expected, to change from housing
line 29 affordable to low- and very low income households to any other
line 30 use during the next five years due to termination of subsidy
line 31 contracts, mortgage prepayment, or expiration of restrictions on
line 32 use.
line 33 (iv) The unit is in decent, safe, and sanitary condition at the
line 34 time of occupancy.
line 35 (v) At the time the unit is identified for preservation it is
line 36 available at affordable cost to persons or families of low- or very
line 37 low income.
line 38 (3) This subdivision does not apply to any city or county that,
line 39 during the current or immediately prior planning period, as defined
line 40 by Section 65588, has not met any of its share of the regional need
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SB 1069— 7 —
line 1 for affordable housing, as defined in Section 65584, for low- and
line 2 very low income households. A city or county shall document for
line 3 any housing unit that a building permit has been issued and all
line 4 development and permit fees have been paid or the unit is eligible
line 5 to be lawfully occupied.
line 6 (4) For purposes of this subdivision, “committed assistance”
line 7 means that the city or county enters into a legally enforceable
line 8 agreement during the period from the beginning of the projection
line 9 period until the end of the second year of the planning period that
line 10 obligates sufficient available funds to provide the assistance
line 11 necessary to make the identified units affordable and that requires
line 12 that the units be made available for occupancy within two years
line 13 of the execution of the agreement. “Committed assistance” does
line 14 not include tenant-based rental assistance.
line 15 (5) For purposes of this subdivision, “net increase” includes
line 16 only housing units provided committed assistance pursuant to
line 17 subparagraph (A) or (B) of paragraph (2) in the current planning
line 18 period, as defined in Section 65588, that were not provided
line 19 committed assistance in the immediately prior planning period.
line 20 (6) For purposes of this subdivision, “the time the unit is
line 21 identified” means the earliest time when any city or county agent,
line 22 acting on behalf of a public entity, has proposed in writing or has
line 23 proposed orally or in writing to the property owner, that the unit
line 24 be considered for substantial rehabilitation, acquisition, or
line 25 preservation.
line 26 (7) In the third year of the planning period, as defined by Section
line 27 65588, in the report required pursuant to Section 65400, each city
line 28 or county that has included in its housing element a program to
line 29 provide units pursuant to subparagraph (A), (B), or (C) of
line 30 paragraph (2) shall report in writing to the legislative body, and
line 31 to the department within 30 days of making its report to the
line 32 legislative body, on its progress in providing units pursuant to this
line 33 subdivision. The report shall identify the specific units for which
line 34 committed assistance has been provided or which have been made
line 35 available to low- and very low income households, and it shall
line 36 adequately document how each unit complies with this subdivision.
line 37 If, by July 1 of the third year of the planning period, the city or
line 38 county has not entered into an enforceable agreement of committed
line 39 assistance for all units specified in the programs adopted pursuant
line 40 to subparagraph (A), (B), or (C) of paragraph (2), the city or county
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line 1 shall, not later than July 1 of the fourth year of the planning period,
line 2 adopt an amended housing element in accordance with Section
line 3 65585, identifying additional adequate sites pursuant to paragraph
line 4 (1) of subdivision (c) of Section 65583 sufficient to accommodate
line 5 the number of units for which committed assistance was not
line 6 provided. If a city or county does not amend its housing element
line 7 to identify adequate sites to address any shortfall, or fails to
line 8 complete the rehabilitation, acquisition, purchase of affordability
line 9 covenants, or the preservation of any housing unit within two years
line 10 after committed assistance was provided to that unit, it shall be
line 11 prohibited from identifying units pursuant to subparagraph (A),
line 12 (B), or (C) of paragraph (2) in the housing element that it adopts
line 13 for the next planning period, as defined in Section 65588, above
line 14 the number of units actually provided or preserved due to
line 15 committed assistance.
line 16 (d) A city or county may reduce its share of the regional housing
line 17 need by the number of units built between the start of the projection
line 18 period and the deadline for adoption of the housing element. If the
line 19 city or county reduces its share pursuant to this subdivision, the
line 20 city or county shall include in the housing element a description
line 21 of the methodology for assigning those housing units to an income
line 22 category based on actual or projected sales price, rent levels, or
line 23 other mechanisms establishing affordability.
line 24 SEC. 3. Section 65589.4 of the Government Code is amended
line 25 to read:
line 26 65589.4. (a) An attached housing development shall be a
line 27 permitted use not subject to a conditional use permit on any parcel
line 28 zoned for an attached housing development if local law so provides
line 29 or if it satisfies the requirements of subdivision (b) and either of
line 30 the following:
line 31 (1) The attached housing development satisfies the criteria of
line 32 Section 21159.22, 21159.23, or 21159.24 of the Public Resources
line 33 Code.
line 34 (2) The attached housing development meets all of the following
line 35 criteria:
line 36 (A) The attached housing development is subject to a
line 37 discretionary decision other than a conditional use permit and a
line 38 negative declaration or mitigated negative declaration has been
line 39 adopted for the attached housing development under the California
line 40 Environmental Quality Act (Division 13 (commencing with Section
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SB 1069— 9 —
line 1 21000) of the Public Resources Code). If no public hearing is held
line 2 with respect to the discretionary decision, then the negative
line 3 declaration or mitigated negative declaration for the attached
line 4 housing development may be adopted only after a public hearing
line 5 to receive comments on the negative declaration or mitigated
line 6 negative declaration.
line 7 (B) The attached housing development is consistent with both
line 8 the jurisdiction’s zoning ordinance and general plan as it existed
line 9 on the date the application was deemed complete, except that an
line 10 attached housing development shall not be deemed to be
line 11 inconsistent with the zoning designation for the site if that zoning
line 12 designation is inconsistent with the general plan only because the
line 13 attached housing development site has not been rezoned to conform
line 14 with the most recent adopted general plan.
line 15 (C) The attached housing development is located in an area that
line 16 is covered by one of the following documents that has been adopted
line 17 by the jurisdiction within five years of the date the application for
line 18 the attached housing development was deemed complete:
line 19 (i) A general plan.
line 20 (ii) A revision or update to the general plan that includes at least
line 21 the land use and circulation elements.
line 22 (iii) An applicable community plan.
line 23 (iv) An applicable specific plan.
line 24 (D) The attached housing development consists of not more
line 25 than 100 residential units with a minimum density of not less than
line 26 12 units per acre or a minimum density of not less than eight units
line 27 per acre if the attached housing development consists of four or
line 28 fewer units.
line 29 (E) The attached housing development is located in an urbanized
line 30 area as defined in Section 21071 of the Public Resources Code or
line 31 within a census-defined place with a population density of at least
line 32 5,000 persons per square mile or, if the attached housing
line 33 development consists of 50 or fewer units, within an incorporated
line 34 city with a population density of at least 2,500 persons per square
line 35 mile and a total population of at least 25,000 persons.
line 36 (F) The attached housing development is located on an infill
line 37 site as defined in Section 21061.0.5 of the Public Resources Code.
line 38 (b) At least 10 percent of the units of the attached housing
line 39 development shall be available at affordable housing cost to very
line 40 low income households, as defined in Section 50105 of the Health
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line 1 and Safety Code, or at least 20 percent of the units of the attached
line 2 housing development shall be available at affordable housing cost
line 3 to lower income households, as defined in Section 50079.5 of the
line 4 Health and Safety Code, or at least 50 percent of the units of the
line 5 attached housing development available at affordable housing cost
line 6 to moderate-income households, consistent with Section 50052.5
line 7 of the Health and Safety Code. The developer of the attached
line 8 housing development shall provide sufficient legal commitments
line 9 to the local agency to ensure the continued availability and use of
line 10 the housing units for very low, low-, or moderate-income
line 11 households for a period of at least 30 years.
line 12 (c) Nothing in this section shall prohibit a local agency from
line 13 applying design and site review standards in existence on the date
line 14 the application was deemed complete.
line 15 (d) The provisions of this section are independent of any
line 16 obligation of a jurisdiction pursuant to subdivision (c) of Section
line 17 65583 to identify multifamily sites developable by right.
line 18 (e) This section does not apply to the issuance of coastal
line 19 development permits pursuant to the California Coastal Act
line 20 (Division 20 (commencing with Section 30000) of the Public
line 21 Resources Code).
line 22 (f) This section does not relieve a public agency from complying
line 23 with the California Environmental Quality Act (Division 13
line 24 (commencing with Section 21000) of the Public Resources Code)
line 25 or relieve an applicant or public agency from complying with the
line 26 Subdivision Map Act (Division 2 (commencing with Section
line 27 66473)).
line 28 (g) This section is applicable to all cities and counties, including
line 29 charter cities, because the Legislature finds that the lack of
line 30 affordable housing is of vital statewide importance, and thus a
line 31 matter of statewide concern.
line 32 (h) For purposes of this section, “attached housing development”
line 33 means a newly constructed or substantially rehabilitated structure
line 34 containing two or more dwelling units and consisting only of
line 35 residential units, but does not include an accessory dwelling unit,
line 36 as defined by paragraph (4) of subdivision (i) (j) of Section
line 37 65852.2, or the conversion of an existing structure to
line 38 condominiums.
line 39 SEC. 4. Section 65852.150 of the Government Code is amended
line 40 to read:
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SB 1069— 11 —
line 1 65852.150. (a) The Legislature finds and declares all of the
line 2 following:
line 3 (1) Accessory dwelling units are a valuable form of housing in
line 4 California.
line 5 (2) Accessory dwelling units provide housing for family
line 6 members, students, the elderly, in-home health care providers, the
line 7 disabled, and others, at below market prices within existing
line 8 neighborhoods.
line 9 (3) Homeowners who create accessory dwelling units benefit
line 10 from added income, and an increased sense of security.
line 11 (4) Allowing accessory dwelling units in single-family or
line 12 multifamily residential zones provides additional rental housing
line 13 stock in California.
line 14 (5) California faces a severe housing crisis.
line 15 (6) The state is falling far short of meeting current and future
line 16 housing demand with serious consequences for the state’s
line 17 economy, our ability to build green infill consistent with state
line 18 greenhouse gas reduction goals, and the well-being of our citizens,
line 19 particularly lower and middle-income earners.
line 20 (7) Accessory dwelling units offer lower cost housing to meet
line 21 the needs of existing and future residents within existing
line 22 neighborhoods, while respecting architectural character.
line 23 (8) Accessory dwelling units are, therefore, an essential
line 24 component of California’s housing supply.
line 25 (b) It is the intent of the Legislature that an accessory dwelling
line 26 unit-ordinance unit ordinance adopted by a local agency has the
line 27 effect of providing for the creation of accessory dwelling units and
line 28 that provisions in this ordinance relating to matters including unit
line 29 size, parking, fees fees, and other requirements, are not so arbitrary,
line 30 excessive, or burdensome so as to unreasonably restrict the ability
line 31 of homeowners to create accessory dwelling units in zones in which
line 32 they are authorized by local ordinance.
line 33 SEC. 5. Section 65852.2 of the Government Code is amended
line 34 to read:
line 35 65852.2. (a) (1) A local agency may, by ordinance, provide
line 36 for the creation of accessory dwelling units in single-family and
line 37 multifamily residential zones. The ordinance shall do all of the
line 38 following:
line 39 (A) Designate areas within the jurisdiction of the local agency
line 40 where accessory dwelling units may be permitted. The designation
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line 1 of areas may be based on criteria, that may include, but are not
line 2 limited to, the adequacy of water and sewer services and the impact
line 3 of accessory dwelling units on traffic flow and public safety.
line 4 (B) Impose standards on accessory dwelling units that include,
line 5 but are not limited to, parking, height, setback, lot coverage,
line 6 architectural review, maximum size of a unit, and standards that
line 7 prevent adverse impacts on any real property that is listed in the
line 8 California Register of Historic Places.
line 9 (C) Provide that accessory dwelling units do not exceed the
line 10 allowable density for the lot upon which the accessory dwelling
line 11 unit is located, and that accessory dwelling units are a residential
line 12 use that is consistent with the existing general plan and zoning
line 13 designation for the lot.
line 14 (2) The ordinance shall not be considered in the application of
line 15 any local ordinance, policy, or program to limit residential growth.
line 16 (3) When a local agency receives its first application on or after
line 17 July 1, 2003, for a permit pursuant to this subdivision, the
line 18 application shall be considered ministerially without discretionary
line 19 review or a hearing, notwithstanding Section 65901 or 65906 or
line 20 any local ordinance regulating the issuance of variances or special
line 21 use permits, within 90 days of submittal of a complete building
line 22 permit application. A local agency may charge a fee to reimburse
line 23 it for costs that it incurs as a result of amendments to this paragraph
line 24 enacted during the 2001–02 Regular Session of the Legislature,
line 25 including the costs of adopting or amending any ordinance that
line 26 provides for the creation of accessory dwelling units.
line 27 (b) (1) When a local agency that has not adopted an ordinance
line 28 governing accessory dwelling units in accordance with subdivision
line 29 (a) receives its first application on or after July 1, 1983, for a permit
line 30 pursuant to this subdivision, the local agency shall accept the
line 31 application and approve or disapprove the application ministerially
line 32 without discretionary review pursuant to this subdivision unless
line 33 it adopts an ordinance in accordance with subdivision (a) within
line 34 90 days after receiving the application. Notwithstanding Section
line 35 65901 or 65906, every local agency shall ministerially approve
line 36 the creation of an accessory dwelling unit if the accessory dwelling
line 37 unit complies with all of the following:
line 38 (A) The unit is not intended for sale separate from the primary
line 39 residence and may be rented.
line 40 (B) The lot is zoned for single-family or multifamily use.
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line 1 (C) The lot contains an existing single-family dwelling.
line 2 (D) The accessory dwelling unit is either attached to the existing
line 3 dwelling and located within the living area of the existing dwelling
line 4 or detached from the existing dwelling and located on the same
line 5 lot as the existing dwelling.
line 6 (E) The increased floor area of an attached accessory dwelling
line 7 unit shall not exceed 50 percent of the existing living area. area,
line 8 with a maximum increase in floor area of 1,200 square feet.
line 9 (F) The total area of floorspace for a detached accessory
line 10 dwelling unit shall not exceed 1,200 square feet.
line 11 (G) Requirements relating to height, setback, lot coverage,
line 12 architectural review, site plan review, fees, charges, and other
line 13 zoning requirements generally applicable to residential construction
line 14 in the zone in which the property is located.
line 15 (H) Local building code requirements that apply to detached
line 16 dwellings, as appropriate.
line 17 (I) Approval by the local health officer where a private sewage
line 18 disposal system is being used, if required.
line 19 (2) No other local ordinance, policy, or regulation shall be the
line 20 basis for the denial of a building permit or a use permit under this
line 21 subdivision.
line 22 (3) This subdivision establishes the maximum standards that
line 23 local agencies shall use to evaluate proposed accessory dwelling
line 24 units on lots zoned for residential use that contain an existing
line 25 single-family dwelling. No additional standards, other than those
line 26 provided in this subdivision or subdivision (a), shall be utilized or
line 27 imposed, except that a local agency may require an applicant for
line 28 a permit issued pursuant to this subdivision to be an
line 29 owner-occupant or that the property be used for rentals of terms
line 30 longer than 30 days.
line 31 (4) A local agency may amend its zoning ordinance or general
line 32 plan to incorporate the policies, procedures, or other provisions
line 33 applicable to the creation of accessory dwelling units if these
line 34 provisions are consistent with the limitations of this subdivision.
line 35 (5) An accessory dwelling unit that conforms to this subdivision
line 36 shall not be considered to exceed the allowable density for the lot
line 37 upon which it is located, and shall be deemed to be a residential
line 38 use that is consistent with the existing general plan and zoning
line 39 designations for the lot. The accessory dwelling units shall not be
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line 1 considered in the application of any local ordinance, policy, or
line 2 program to limit residential growth.
line 3 (c) A local agency may establish minimum and maximum unit
line 4 size requirements for both attached and detached accessory
line 5 dwelling units. No minimum or maximum size for an accessory
line 6 dwelling unit, or size based upon a percentage of the existing
line 7 dwelling, shall be established by ordinance for either attached or
line 8 detached dwellings that does not otherwise permit at least a
line 9 500-foot accessory dwelling unit or a 500-foot an efficiency unit
line 10 to be constructed in compliance with local development standards.
line 11 Accessory dwelling units shall not be required to provide fire
line 12 sprinklers if they are not required for the primary residence.
line 13 (d) Parking requirements for accessory dwelling units shall not
line 14 exceed one parking space per unit or per bedroom. These spaces
line 15 may be provided as tandem parking on an existing driveway.
line 16 Off-street parking shall be permitted in setback areas in locations
line 17 determined by the local agency or through tandem parking, unless
line 18 specific findings are made that parking in setback areas or tandem
line 19 parking is not feasible based upon fire and life safety conditions.
line 20 This subdivision shall not apply to a unit that is described in
line 21 subdivision (e).
line 22 (e) Notwithstanding any other law, a local agency, whether or
line 23 not it has adopted an ordinance governing accessory dwelling units
line 24 in accordance with subdivision (a), shall not impose parking
line 25 standards for an accessory dwelling unit in any of the following
line 26 instances:
line 27 (1) The accessory dwelling unit is located within one-half mile
line 28 of public transit or shopping.
line 29 (2) The accessory dwelling unit is located within an
line 30 architecturally and historically significant historic district.
line 31 (3) The accessory dwelling unit is part of the existing primary
line 32 residence.
line 33 (4) When on-street parking permits are required but not offered
line 34 to the occupant of the accessory dwelling unit.
line 35 (5) When there is a car share vehicle located within one block
line 36 of the accessory dwelling unit.
line 37 (f) Notwithstanding subdivisions (a) to (e), inclusive, a local
line 38 agency shall ministerially approve an application for a building
line 39 permit to create within a single-family residential zone one
line 40 accessory dwelling unit per single-family lot if the unit is contained
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SB 1069— 15 —
line 1 within the existing space of a single-family residence or accessory
line 2 structure, has independent exterior access from the existing
line 3 residence, and the side and rear setbacks are sufficient for fire
line 4 safety. Accessory dwelling units shall not be required to provide
line 5 fire sprinklers if they are not required for the primary residence.
line 6 (g) (1) Fees charged for the construction of accessory dwelling
line 7 units shall be determined in accordance with Chapter 5
line 8 (commencing with Section 66000). Accessory 66000) and Chapter
line 9 7 (commencing with Section 66012).
line 10 (2) Accessory dwelling units shall not be considered new
line 11 residential uses for the purposes of calculating private or public
line 12 utility local agency connection fees, fees or capacity charges for
line 13 utilities, including water and sewer service.
line 14 (A) For an accessory dwelling unit described in subdivision (f),
line 15 a local agency shall not require the applicant to install a new or
line 16 separate utility connection directly between the accessory dwelling
line 17 unit and the utility or impose a related connection fee capacity
line 18 charge.
line 19 (B) For an accessory dwelling unit that is not described in
line 20 subdivision (f), a local agency may require a new or separate
line 21 utility connection directly between the accessory dwelling unity
line 22 and the utility. Consistent with Section 66013, the connection may
line 23 be subject to a connection fee or capacity charge that shall be
line 24 proportionate to the burden of the proposed accessory dwelling
line 25 unit, based upon either its size or the number of its plumbing
line 26 fixtures, upon the water or sewer system. This fee or charge shall
line 27 not exceed the reasonable cost of providing this service.
line 28 (h) This section does not limit the authority of local agencies
line 29 to adopt less restrictive requirements for the creation of accessory
line 30 dwelling units.
line 31 (i) Local agencies shall submit a copy of the ordinances adopted
line 32 pursuant to subdivision (a) to the Department of Housing and
line 33 Community Development within 60 days after adoption.
line 34 (j) As used in this section, the following terms mean:
line 35 (1) “Living area,” area” means the interior habitable area of a
line 36 dwelling unit including basements and attics but does not include
line 37 a garage or any accessory structure.
line 38 (2) “Local agency” means a city, county, or city and county,
line 39 whether general law or chartered.
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line 1 (3) For purposes of this section, “neighborhood” has the same
line 2 meaning as set forth in Section 65589.5.
line 3 (4) “Accessory dwelling unit” means an attached or a detached
line 4 residential dwelling unit which provides complete independent
line 5 living facilities for one or more persons. It shall include permanent
line 6 provisions for living, sleeping, eating, cooking, and sanitation on
line 7 the same parcel as the single-family dwelling is situated. An
line 8 accessory dwelling unit also includes the following:
line 9 (A) An efficiency unit, as defined in Section 17958.1 of Health
line 10 and Safety Code.
line 11 (B) A manufactured home, as defined in Section 18007 of the
line 12 Health and Safety Code.
line 13 (k) Nothing in this section shall be construed to supersede or in
line 14 any way alter or lessen the effect or application of the California
line 15 Coastal Act (Division 20 (commencing with Section 30000) of
line 16 the Public Resources Code), except that the local government shall
line 17 not be required to hold public hearings for coastal development
line 18 permit applications for second accessory dwelling units.
line 19 SEC. 6. Section 66412.2 of the Government Code is amended
line 20 to read:
line 21 66412.2. This division shall not apply to the construction,
line 22 financing, or leasing of dwelling units pursuant to Section 65852.1
line 23 or accessory dwelling units pursuant to Section 65852.2, but this
line 24 division shall be applicable to the sale or transfer, but not leasing,
line 25 of those units.
line 26 SEC. 7. No reimbursement is required by this act pursuant to
line 27 Section 6 of Article XIIIB of the California Constitution because
line 28 a local agency or school district has the authority to levy service
line 29 charges, fees, or assessments sufficient to pay for the program or
line 30 level of service mandated by this act, within the meaning of Section
line 31 17556 of the Government Code.
O
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SB 1069— 17 —
AMENDED IN ASSEMBLY APRIL 5, 2016
california legislature—2015–16 regular session
ASSEMBLY BILL No. 2299
Introduced by Assembly Member Bloom
February 18, 2016
An act to amend Section 65852.2 of the Government Code, relating
to land use.
legislative counsel’s digest
AB 2299, as amended, Bloom. Land use: housing: 2nd units.
The Planning and Zoning Law authorizes the legislative body of a
city or county to regulate, among other things, the intensity of land use,
and also authorizes a local agency to provide by ordinance for the
creation of 2nd units in single-family and multifamily residential zones,
as specified.
This bill would, instead, require a local agency to provide by ordinance
for the creation of 2nd units in these zones. By The bill would also
specify that a local agency may reduce or eliminate parking
requirements for any 2nd unit located within its jurisdiction.
Existing law also requires a local agency, if it has not adopted an
ordinance governing 2nd units and receives an application for a permit
for the creation of a 2nd unit, as provided, to grant a variance or special
use permit if the 2nd unit complies with specified requirements,
including specified zoning requirements generally applicable to
residential construction in the zone in which the property is located.
This bill would prohibit a requirement for a passageway or pathway
clear to the sky between the 2nd unit and a public street and, for a 2nd
unit constructed above a garage located on an alley, for a setback of
more than 5 feet from the side and rear lot. The bill would also provide
98
that a 2nd unit constructed above a garage or a garage converted in
whole or in part into a 2nd unit is deemed to be an accessory building
or accessory use that may be permitted within a required yard or setback
area, provided that the 2nd unit is set back a minimum of 5 feet from
the side and rear lot areas.
Existing law requires that parking requirements for 2nd units not
exceed one parking space per unit or per bedroom. Under existing law,
additional parking may be required provided that a finding is made
that the additional parking requirements are directly related to the use
of the 2nd unit and are consistent with existing neighborhood standards
applicable to residential dwellings.
This bill would delete the above-described authorization for additional
parking requirements. The bill would also provide that, when a garage,
carport, or covered parking structure is demolished in conjunction with
the construction of a 2nd unit and the local agency requires that those
off-street parking spaces be replaced, the replacement spaces may be
located in any configuration on the same lot as the 2nd unit, as provided.
By increasing the duties of local officials, officials with respect to
land use regulations, 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:
line 1 SECTION 1. Section 65852.2 of the Government Code is
line 2 amended to read:
line 3 65852.2. (a) (1) A local agency shall, by ordinance, provide
line 4 for the creation of second units in single-family and multifamily
line 5 residential zones. The ordinance shall do all of the following:
line 6 (A) Designate areas within the jurisdiction of the local agency
line 7 where second units may be permitted. The designation of areas
line 8 may be based on criteria, that may include, but are not limited to,
line 9 the adequacy of water and sewer services and the impact of second
line 10 units on traffic flow.
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line 1 (B) Impose standards on second units that include, but are not
line 2 limited to, parking, height, setback, lot coverage, landscape,
line 3 architectural review, maximum size of a unit, and standards that
line 4 prevent adverse impacts on any real property that is listed in the
line 5 California Register of Historic Places. However, notwithstanding
line 6 subdivision (d), a local agency shall not impose parking standards
line 7 for a second unit that is located within one-half mile of public
line 8 transit or shopping or is within an architecturally and historically
line 9 significant historic district.
line 10 (C) Notwithstanding subparagraph (B), a local agency may
line 11 reduce or eliminate parking requirements for any second unit
line 12 located within its jurisdiction.
line 13 (C)
line 14 (D) Provide that second units do not exceed the allowable
line 15 density for the lot upon which the second unit is located, and that
line 16 second units are a residential use that is consistent with the existing
line 17 general plan and zoning designation for the lot.
line 18 (2) The ordinance shall not be considered in the application of
line 19 any local ordinance, policy, or program to limit residential growth.
line 20 (3) When a local agency receives its first application on or after
line 21 July 1, 2003, for a permit pursuant to this subdivision, the
line 22 application shall be considered ministerially without discretionary
line 23 review or a hearing, notwithstanding Section 65901 or 65906 or
line 24 any local ordinance regulating the issuance of variances or special
line 25 use permits. A local agency may charge a fee to reimburse it for
line 26 costs that it incurs as a result of amendments to this paragraph
line 27 enacted during the 2001–02 Regular Session of the Legislature,
line 28 including the costs of adopting or amending any ordinance that
line 29 provides for the creation of second units.
line 30 (b) (1) When a local agency has not adopted an ordinance
line 31 governing second units in accordance with subdivision (a) receives
line 32 its first application on or after July 1, 1983, for a permit pursuant
line 33 to this subdivision, the local agency shall accept the application
line 34 and approve or disapprove the application ministerially without
line 35 discretionary review pursuant to this subdivision unless it adopts
line 36 an ordinance in accordance with subdivision (a) within 120 days
line 37 after receiving the application. Notwithstanding Section 65901 or
line 38 65906, every local agency shall grant a variance or special use
line 39 permit for the creation of a second unit if the second unit complies
line 40 with all of the following:
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AB 2299— 3 —
line 1 (A) The unit is not intended for sale and may be rented.
line 2 (B) The lot is zoned for single-family or multifamily use.
line 3 (C) The lot contains an existing single-family dwelling.
line 4 (D) The second unit is either attached to the existing dwelling
line 5 and located within the living area of the existing dwelling or
line 6 detached from the existing dwelling and located on the same lot
line 7 as the existing dwelling.
line 8 (E) The increased floor area of an attached second unit shall
line 9 not exceed 30 percent of the existing living area.
line 10 (F) The total area of floorspace for a detached second unit shall
line 11 not exceed 1,200 square feet.
line 12 (G) Requirements relating to height, setback, lot coverage,
line 13 architectural review, site plan review, fees, charges, and other
line 14 zoning requirements generally applicable to residential construction
line 15 in the zone in which the property is located. located, except as
line 16 follows:
line 17 (i) No passageway or pathway clear to the sky between the
line 18 second unit and a public street shall be required in conjunction
line 19 with the construction of a second unit.
line 20 (ii) No setback more than five feet from the side and rear lot
line 21 line shall be required for a second unit constructed above a garage
line 22 located on an alley.
line 23 (H) Local building code requirements that apply to detached
line 24 dwellings, as appropriate.
line 25 (I) Approval by the local health officer where a private sewage
line 26 disposal system is being used, if required.
line 27 (2) No other local ordinance, policy, or regulation shall be the
line 28 basis for the denial of a building permit or a use permit under this
line 29 subdivision.
line 30 (3) This subdivision establishes the maximum standards that
line 31 local agencies shall use to evaluate proposed second units on lots
line 32 zoned for residential use that contain an existing single-family
line 33 dwelling. No additional standards, other than those provided in
line 34 this subdivision or subdivision (a), shall be utilized or imposed,
line 35 except that a local agency may require an applicant for a permit
line 36 issued pursuant to this subdivision to be an owner-occupant.
line 37 (4) No changes in zoning ordinances or other ordinances or any
line 38 changes in the general plan shall be required to implement this
line 39 subdivision. A local agency may amend its zoning ordinance or
line 40 general plan to incorporate the policies, procedures, or other
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— 4 —AB 2299
line 1 provisions applicable to the creation of second units if these
line 2 provisions are consistent with the limitations of this subdivision.
line 3 (5) A second unit that conforms to this subdivision shall be
line 4 deemed to be an accessory use or an accessory building and shall
line 5 not be considered to exceed the allowable density for the lot upon
line 6 which it is located, and shall be deemed to be a residential use that
line 7 is consistent with the existing general plan and zoning designations
line 8 for the lot. The second units shall not be considered in the
line 9 application of any local ordinance, policy, or program to limit
line 10 residential growth.
line 11 (c) A local agency may establish minimum and maximum unit
line 12 size requirements for both attached and detached second units. No
line 13 minimum or maximum size for a second unit, or size based upon
line 14 a percentage of the existing dwelling, shall be established by
line 15 ordinance for either attached or detached dwellings that does not
line 16 permit at least an efficiency unit to be constructed in compliance
line 17 with local development standards.
line 18 (d) (1) Parking requirements for second units shall not exceed
line 19 one parking space per unit or per bedroom. Additional parking
line 20 may be required provided that a finding is made that the additional
line 21 parking requirements are directly related to the use of the second
line 22 unit and are consistent with existing neighborhood standards
line 23 applicable to existing dwellings. Off-street parking shall be
line 24 permitted in setback areas in locations determined by the local
line 25 agency or through tandem parking, unless specific findings are
line 26 made that parking in setback areas or tandem parking is not feasible
line 27 based upon specific site or regional topographical or fire and life
line 28 safety conditions, or that it is not permitted anywhere else in the
line 29 jurisdiction.
line 30 (2) When a garage, carport, or covered parking structure is
line 31 demolished in conjunction with the construction of a second unit,
line 32 and the local agency requires that those off-street parking spaces
line 33 be replaced, the replacement spaces may be located in any
line 34 configuration on the same lot as the second unit, including, but
line 35 not limited to, as covered spaces, uncovered spaces, or tandem
line 36 spaces, or by the use of mechanical automobile parking lifts.
line 37 (e) Fees charged for the construction of second units shall be
line 38 determined in accordance with Chapter 5 (commencing with
line 39 Section 66000).
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AB 2299— 5 —
line 1 (f) This section does not limit the authority of local agencies to
line 2 adopt less restrictive requirements for the creation of second units.
line 3 (g) Local agencies shall submit a copy of the ordinances adopted
line 4 pursuant to subdivision (a) to the Department of Housing and
line 5 Community Development within 60 days after adoption.
line 6 (h) As used in this section, the following terms mean:
line 7 (1) “Living area,” means the interior habitable area of a dwelling
line 8 unit including basements and attics but does not include a garage
line 9 or any accessory structure.
line 10 (2) “Local agency” means a city, county, or city and county,
line 11 whether general law or chartered.
line 12 (3) For purposes of this section, “neighborhood” has the same
line 13 meaning as set forth in Section 65589.5.
line 14 (4) “Second unit” means an attached or a detached residential
line 15 dwelling unit which provides complete independent living facilities
line 16 for one or more persons. It shall include permanent provisions for
line 17 living, sleeping, eating, cooking, and sanitation on the same parcel
line 18 as the single-family dwelling is situated. A second unit also
line 19 includes the following:
line 20 (A) An efficiency unit, as defined in Section 17958.1 of Health
line 21 and Safety Code.
line 22 (B) A manufactured home, as defined in Section 18007 of the
line 23 Health and Safety Code.
line 24 (i) Nothing in this section shall be construed to supersede or in
line 25 any way alter or lessen the effect or application of the California
line 26 Coastal Act (Division 20 (commencing with Section 30000) of
line 27 the Public Resources Code), except that the local government shall
line 28 not be required to hold public hearings for coastal development
line 29 permit applications for second units.
line 30 SEC. 2. No reimbursement is required by this act pursuant to
line 31 Section 6 of Article XIIIB of the California Constitution because
line 32 a local agency or school district has the authority to levy service
line 33 charges, fees, or assessments sufficient to pay for the program or
line 34 level of service mandated by this act, within the meaning of Section
line 35 17556 of the Government Code.
O
98
— 6 —AB 2299
AMENDED IN SENATE AUGUST 1, 2016
AMENDED IN SENATE JUNE 15, 2016
AMENDED IN ASSEMBLY APRIL 14, 2016
AMENDED IN ASSEMBLY APRIL 5, 2016
california legislature—2015–16 regular session
ASSEMBLY BILL No. 2501
Introduced by Assembly Members Bloom and Low
(Coauthor: Assembly Member Daly)
February 19, 2016
An act to amend Section 65915 of the Government Code, relating to
housing.
legislative counsel’s digest
AB 2501, as amended, Bloom. Housing: density bonuses.
Existing law, the Planning and Zoning Law, requires, when an
applicant proposes a housing development within the jurisdiction of
the 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. Existing law
authorizes the waiver or reduction of development standards that would
preclude this development. Existing law requires continued affordability
for 55 years or longer, as specified, of all very low and low-income
units that qualified an applicant for a density bonus. Existing law
requires a city, county, or city and county to adopt an ordinance to
95
implement these requirements and to establish procedures to carry them
out.
This bill would revise and recast these provisions to require the local
government to adopt procedures and timelines for processing a density
bonus application, provide a list of documents and information required
to be submitted with the application in order for it to be deemed
complete, and notify the applicant whether it is complete. By increasing
the duties of local officials, this bill would impose a state-mandated
local program. The bill would prohibit a local government from
requiring additional reports or studies to be prepared by the developer
as a condition of the an application. The bill would additionally require
each component of any density calculation that results in fractional
units to be rounded up to the next whole number, and would provide
that this provision is declaratory of existing law.
Existing law defines the term “density bonus” for these purposes to
mean a density increase over the otherwise maximum allowable
residential density as of the date of the application and provides that
the applicant may elect to accept a lesser percentage of density bonus.
This bill would specify that the term “density bonus” means a density
increase over the maximum allowable gross residential density at the
time of the date of the application, or, if elected by the applicant, a lesser
percentage of density increase or no increase in density.
Existing law requires a local government to grant a proposal for
specific incentives or concessions requested by an applicant unless the
local government makes written findings, based on substantial evidence,
that, among other things, the concession or incentive is not required in
order to provide affordable housing costs or for rents for the targeted
units, as specified.
This bill would, instead, provide that the local government is required
to provide the requested concessions or incentives unless it finds, based
on substantial evidence, that the concession or incentive does not reduce
the cost of development result in identifiable and actual cost reductions,
to provide for affordable housing costs or rents for the targeted units.
units, as specified.
Existing law defines the term “housing development” for these
purposes to mean a development project for five or more residential
units.
This bill would expand that definition to include mixed-use housing.
95
— 2 —AB 2501
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:
line 1 SECTION 1. Section 65915 of the Government Code is
line 2 amended to read:
line 3 65915. (a) (1) When an applicant seeks a density bonus for
line 4 a housing development within, or for the donation of land for
line 5 housing within, the jurisdiction of a city, county, or city and county,
line 6 that local government shall comply with this section. A city,
line 7 county, or city and county shall adopt an ordinance that specifies
line 8 how compliance with this section will be implemented. Failure to
line 9 adopt an ordinance shall not relieve a city, county, or city and
line 10 county from complying with this section.
line 11 (2) A local government shall not condition the submission,
line 12 review, or approval of an application for a density bonus pursuant
line 13 to this chapter on the preparation of an additional report or study
line 14 that is not otherwise required by state law, including this section.
line 15 This subdivision does not prohibit a local government from
line 16 requiring an applicant to provide reasonable documentation to
line 17 establish eligibility for a requested density bonus, incentives or
line 18 concessions, as described in subdivision (d), waivers or reductions
line 19 of development standards, as described in subdivision (e), and
line 20 parking ratios, as described in subdivision (p).
line 21 (3) In order to provide for the expeditious processing of a density
line 22 bonus application, the local government shall do all of the
line 23 following:
line 24 (A) Adopt procedures and timelines for processing a density
line 25 bonus application.
line 26 (B) Provide a list of all documents and information required to
line 27 be submitted with the density bonus application in order for the
line 28 density bonus application to be deemed complete. This list shall
line 29 be consistent with this chapter.
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AB 2501— 3 —
line 1 (C) Notify the applicant for a density bonus whether the
line 2 application is complete in a manner consistent with Section 65943.
line 3 (b) (1) A city, county, or city and county shall grant one density
line 4 bonus, the amount of which shall be as specified in subdivision
line 5 (f), and, if requested by the applicant and consistent with the
line 6 applicable requirements of this section, incentives or concessions,
line 7 as described in subdivision (d), waivers or reductions of
line 8 development standards, as described in subdivision (e), and parking
line 9 ratios, as described in subdivision (p). (p), when an applicant for
line 10 a housing development seeks and agrees to construct a housing
line 11 development, excluding any units permitted by the density bonus
line 12 awarded pursuant to this section, that will contain at least any one
line 13 of the following:
line 14 (A) Ten percent of the total units of a housing development for
line 15 lower income households, as defined in Section 50079.5 of the
line 16 Health and Safety Code.
line 17 (B) Five percent of the total units of a housing development for
line 18 very low income households, as defined in Section 50105 of the
line 19 Health and Safety Code.
line 20 (C) A senior citizen housing development, as defined in Sections
line 21 51.3 and 51.12 of the Civil Code, or a mobilehome park that limits
line 22 residency based on age requirements for housing for older persons
line 23 pursuant to Section 798.76 or 799.5 of the Civil Code.
line 24 (D) Ten percent of the total dwelling units in a common interest
line 25 development, as defined in Section 4100 of the Civil Code, for
line 26 persons and families of moderate income, as defined in Section
line 27 50093 of the Health and Safety Code, provided that all units in the
line 28 development are offered to the public for purchase.
line 29 (2) For purposes of calculating the amount of the density bonus
line 30 pursuant to subdivision (f), an applicant who requests a density
line 31 bonus pursuant to this subdivision shall elect whether the bonus
line 32 shall be awarded on the basis of subparagraph (A), (B), (C), or (D)
line 33 of paragraph (1).
line 34 (3) For the purposes of this section, “total units” or “total
line 35 dwelling units” does not include units added by a density bonus
line 36 awarded pursuant to this section or any local law granting a greater
line 37 density bonus.
line 38 (c) (1) An applicant shall agree to, and the city, county, or city
line 39 and county shall ensure, the continued affordability of all very low
line 40 and low-income rental units that qualified the applicant for the
95
— 4 —AB 2501
line 1 award of the density bonus for 55 years or a longer period of time
line 2 if required by the construction or mortgage financing assistance
line 3 program, mortgage insurance program, or rental subsidy program.
line 4 Rents for the lower income density bonus units shall be set at an
line 5 affordable rent as defined in Section 50053 of the Health and Safety
line 6 Code.
line 7 (2) An applicant shall agree to, and the city, county, or city and
line 8 county shall ensure that, the initial occupant of all for-sale units
line 9 that qualified the applicant for the award of the density bonus are
line 10 persons and families of very low, low, or moderate income, as
line 11 required, and that the units are offered at an affordable housing
line 12 cost, as that cost is defined in Section 50052.5 of the Health and
line 13 Safety Code. The local government shall enforce an equity sharing
line 14 agreement, unless it is in conflict with the requirements of another
line 15 public funding source or law. The following apply to the equity
line 16 sharing agreement:
line 17 (A) Upon resale, the seller of the unit shall retain the value of
line 18 any improvements, the downpayment, and the seller’s proportionate
line 19 share of appreciation. The local government shall recapture any
line 20 initial subsidy, as defined in subparagraph (B), and its proportionate
line 21 share of appreciation, as defined in subparagraph (C), which
line 22 amount shall be used within five years for any of the purposes
line 23 described in subdivision (e) of Section 33334.2 of the Health and
line 24 Safety Code that promote home ownership.
line 25 (B) For purposes of this subdivision, the local government’s
line 26 initial subsidy shall be equal to the fair market value of the home
line 27 at the time of initial sale minus the initial sale price to the
line 28 moderate-income household, plus the amount of any downpayment
line 29 assistance or mortgage assistance. If upon resale the market value
line 30 is lower than the initial market value, then the value at the time of
line 31 the resale shall be used as the initial market value.
line 32 (C) For purposes of this subdivision, the local government’s
line 33 proportionate share of appreciation shall be equal to the ratio of
line 34 the local government’s initial subsidy to the fair market value of
line 35 the home at the time of initial sale.
line 36 (3) (A) An applicant shall be ineligible for a density bonus or
line 37 any other incentives or concessions under this section if the housing
line 38 development is proposed on any property that includes a parcel or
line 39 parcels on which rental dwelling units are or, if the dwelling units
line 40 have been vacated or demolished in the five-year period preceding
95
AB 2501— 5 —
line 1 the application, have been subject to a recorded covenant,
line 2 ordinance, or law that restricts rents to levels affordable to persons
line 3 and families of lower or very low income; subject to any other
line 4 form of rent or price control through a public entity’s valid exercise
line 5 of its police power; or occupied by lower or very low income
line 6 households, unless the proposed housing development replaces
line 7 those units, and either of the following applies:
line 8 (i) The proposed housing development, inclusive of the units
line 9 replaced pursuant to this paragraph, contains affordable units at
line 10 the percentages set forth in subdivision (b).
line 11 (ii) Each unit in the development, exclusive of a manager’s unit
line 12 or units, is affordable to, and occupied by, either a lower or very
line 13 low income household.
line 14 (B) For the purposes of this paragraph, “replace” shall mean
line 15 either of the following:
line 16 (i) If any dwelling units described in subparagraph (A) are
line 17 occupied on the date of application, the proposed housing
line 18 development shall provide at least the same number of units of
line 19 equivalent size or type, or both, to be made available at affordable
line 20 rent or affordable housing cost to, and occupied by, persons and
line 21 families in the same or lower income category as those households
line 22 in occupancy. For unoccupied dwelling units described in
line 23 subparagraph (A) in a development with occupied units, the
line 24 proposed housing development shall provide units of equivalent
line 25 size or type, or both, to be made available at affordable rent or
line 26 affordable housing cost to, and occupied by, persons and families
line 27 in the same or lower income category in the same proportion of
line 28 affordability as the occupied units. All replacement calculations
line 29 resulting in fractional units shall be rounded up to the next whole
line 30 number. If the replacement units will be rental dwelling units,
line 31 these units shall be subject to a recorded affordability restriction
line 32 for at least 55 years. If the proposed development is for-sale units,
line 33 the units replaced shall be subject to paragraph (2).
line 34 (ii) If all dwelling units described in subparagraph (A) have
line 35 been vacated or demolished within the five-year period preceding
line 36 the application, the proposed housing development shall provide
line 37 at least the same number of units of equivalent size or type, or
line 38 both, as existed at the highpoint of those units in the five-year
line 39 period preceding the application to be made available at affordable
line 40 rent or affordable housing cost to, and occupied by, persons and
95
— 6 —AB 2501
line 1 families in the same or lower income category as those persons
line 2 and families in occupancy at that time, if known. If the incomes
line 3 of the persons and families in occupancy at the highpoint is not
line 4 known, then one-half of the required units shall be made available
line 5 at affordable rent or affordable housing cost to, and occupied by,
line 6 very low income persons and families and one-half of the required
line 7 units shall be made available for rent at affordable housing costs
line 8 to, and occupied by, low-income persons and families. All
line 9 replacement calculations resulting in fractional units shall be
line 10 rounded up to the next whole number. If the replacement units will
line 11 be rental dwelling units, these units shall be subject to a recorded
line 12 affordability restriction for at least 55 years. If the proposed
line 13 development is for-sale units, the units replaced shall be subject
line 14 to paragraph (2).
line 15 (C) Paragraph (3) of subdivision (c) does not apply to an
line 16 applicant seeking a density bonus for a proposed housing
line 17 development if his or her application was submitted to, or
line 18 processed by, a city, county, or city and county before January 1,
line 19 2015.
line 20 (d) (1) An applicant for a density bonus pursuant to subdivision
line 21 (b) may submit to a city, county, or city and county a proposal for
line 22 the specific incentives or concessions that the applicant requests
line 23 pursuant to this section, and may request a meeting with the city,
line 24 county, or city and county. The city, county, or city and county
line 25 shall grant the concession or incentive requested by the applicant
line 26 unless the city, county, or city and county makes a written finding,
line 27 based upon substantial evidence, of any of the following:
line 28 (A) The concession or incentive does not reduce the cost of
line 29 development result in identifiable and actual cost reductions,
line 30 consistent with subdivision (k), to provide for affordable housing
line 31 costs, as defined in Section 50052.5 of the Health and Safety Code,
line 32 or for rents for the targeted units to be set as specified in
line 33 subdivision (c).
line 34 (B) The concession or incentive would have a specific adverse
line 35 impact, as defined in paragraph (2) of subdivision (d) of Section
line 36 65589.5, upon public health and safety or the physical environment
line 37 or on any real property that is listed in the California Register of
line 38 Historical Resources and for which there is no feasible method to
line 39 satisfactorily mitigate or avoid the specific adverse impact without
95
AB 2501— 7 —
line 1 rendering the development unaffordable to low- and
line 2 moderate-income households.
line 3 (C) The concession or incentive would be contrary to state or
line 4 federal law.
line 5 (2) The applicant shall receive the following number of
line 6 incentives or concessions:
line 7 (A) One incentive or concession for projects that include at least
line 8 10 percent of the total units for lower income households, at least
line 9 5 percent for very low income households, or at least 10 percent
line 10 for persons and families of moderate income in a common interest
line 11 development.
line 12 (B) Two incentives or concessions for projects that include at
line 13 least 20 percent of the total units for lower income households, at
line 14 least 10 percent for very low income households, or at least 20
line 15 percent for persons and families of moderate income in a common
line 16 interest development.
line 17 (C) Three incentives or concessions for projects that include at
line 18 least 30 percent of the total units for lower income households, at
line 19 least 15 percent for very low income households, or at least 30
line 20 percent for persons and families of moderate income in a common
line 21 interest development.
line 22 (3) The applicant may initiate judicial proceedings if the city,
line 23 county, or city and county refuses to grant a requested density
line 24 bonus, incentive, or concession. If a court finds that the refusal to
line 25 grant a requested density bonus, incentive, or concession is in
line 26 violation of this section, the court shall award the plaintiff
line 27 reasonable attorney’s fees and costs of suit. Nothing in this
line 28 subdivision shall be interpreted to require a local government to
line 29 grant an incentive or concession that has a specific, adverse impact,
line 30 as defined in paragraph (2) of subdivision (d) of Section 65589.5,
line 31 upon health, safety, or the physical environment, and for which
line 32 there is no feasible method to satisfactorily mitigate or avoid the
line 33 specific adverse impact. Nothing in this subdivision shall be
line 34 interpreted to require a local government to grant an incentive or
line 35 concession that would have an adverse impact on any real property
line 36 that is listed in the California Register of Historical Resources.
line 37 The city, county, or city and county shall establish procedures for
line 38 carrying out this section, that shall include legislative body
line 39 approval of the means of compliance with this section.
95
— 8 —AB 2501
line 1 (4) The city, county, or city and county shall bear the burden
line 2 of proof for the denial of a requested concession or incentive.
line 3 (e) (1) In no case may a city, county, or city and county apply
line 4 any development standard that will have the effect of physically
line 5 precluding the construction of a development meeting the criteria
line 6 of subdivision (b) at the densities or with the concessions or
line 7 incentives permitted by this section. An applicant may submit to
line 8 a city, county, or city and county a proposal for the waiver or
line 9 reduction of development standards that will have the effect of
line 10 physically precluding the construction of a development meeting
line 11 the criteria of subdivision (b) at the densities or with the
line 12 concessions or incentives permitted under this section, and may
line 13 request a meeting with the city, county, or city and county. If a
line 14 court finds that the refusal to grant a waiver or reduction of
line 15 development standards is in violation of this section, the court
line 16 shall award the plaintiff reasonable attorney’s fees and costs of
line 17 suit. Nothing in this subdivision shall be interpreted to require a
line 18 local government to waive or reduce development standards if the
line 19 waiver or reduction would have a specific, adverse impact, as
line 20 defined in paragraph (2) of subdivision (d) of Section 65589.5,
line 21 upon health, safety, or the physical environment, and for which
line 22 there is no feasible method to satisfactorily mitigate or avoid the
line 23 specific adverse impact. Nothing in this subdivision shall be
line 24 interpreted to require a local government to waive or reduce
line 25 development standards that would have an adverse impact on any
line 26 real property that is listed in the California Register of Historical
line 27 Resources, or to grant any waiver or reduction that would be
line 28 contrary to state or federal law.
line 29 (2) A proposal for the waiver or reduction of development
line 30 standards pursuant to this subdivision shall neither reduce nor
line 31 increase the number of incentives or concessions to which the
line 32 applicant is entitled pursuant to subdivision (d).
line 33 (f) For the purposes of this chapter, “density bonus” means a
line 34 density increase over the otherwise maximum allowable gross
line 35 residential density as of the date of application by the applicant to
line 36 the city, county, or city and county, or, if elected by the applicant,
line 37 a lesser percentage of density increase, including, but not limited
line 38 to, no increase in density. The amount of density increase to which
line 39 the applicant is entitled shall vary according to the amount by
95
AB 2501— 9 —
line 1 which the percentage of affordable housing units exceeds the
line 2 percentage established in subdivision (b).
line 3 (1) For housing developments meeting the criteria of
line 4 subparagraph (A) of paragraph (1) of subdivision (b), the density
line 5 bonus shall be calculated as follows:
line 6
line 7 Percentage Density
line 8 Bonus
Percentage Low-Income Units
line 9 20 10
line 10 21.511
line 11 23 12
line 12 24.513
line 13 26 14
line 14 27.515
line 15 30.517
line 16 32 18
line 17 33.519
line 18 35 20
line 19
line 20 (2) For housing developments meeting the criteria of
line 21 subparagraph (B) of paragraph (1) of subdivision (b), the density
line 22 bonus shall be calculated as follows:
line 23
line 24 Percentage Density BonusPercentage Very Low Income Units
line 25 20 5
line 26 22.56
line 27 25 7
line 28 27.58
line 29 30 9
line 30 32.510
line 31 35 11
line 32
line 33 (3) For housing developments meeting the criteria of
line 34 subparagraph (C) of paragraph (1) of subdivision (b), the density
line 35 bonus shall be 20 percent of the number of senior housing units.
line 36 (4) For housing developments meeting the criteria of
line 37 subparagraph (D) of paragraph (1) of subdivision (b), the density
line 38 bonus shall be calculated as follows:
line 39
line 40 Percentage Density BonusPercentage Moderate-Income Units
95
— 10 —AB 2501
line 1 510
line 2 611
line 3 712
line 4 813
line 5 914
line 6 1015
line 7 1116
line 8 1217
line 9 1318
line 10 1419
line 11 1520
line 12 1621
line 13 1722
line 14 1823
line 15 1924
line 16 2025
line 17 2126
line 18 2227
line 19 2328
line 20 2429
line 21 2530
line 22 2631
line 23 2732
line 24 2833
line 25 2934
line 26 3035
line 27 3136
line 28 3237
line 29 3338
line 30 3439
line 31 3540
line 32
line 33 (5) All density calculations resulting in fractional units shall be
line 34 rounded up to the next whole number. The granting of a density
line 35 bonus shall not require, or be interpreted, in and of itself, to require
line 36 a general plan amendment, local coastal plan amendment, zoning
line 37 change, or other discretionary approval.
line 38 (g) (1) When an applicant for a tentative subdivision map,
line 39 parcel map, or other residential development approval donates
line 40 land to a city, county, or city and county in accordance with this
95
AB 2501— 11 —
line 1 subdivision, the applicant shall be entitled to a 15-percent increase
line 2 above the otherwise maximum allowable residential density for
line 3 the entire development, as follows:
line 4
line 5 Percentage Density BonusPercentage Very Low Income
line 6 1510
line 7 1611
line 8 1712
line 9 1813
line 10 1914
line 11 2015
line 12 2116
line 13 2217
line 14 2318
line 15 2419
line 16 2520
line 17 2621
line 18 2722
line 19 2823
line 20 2924
line 21 3025
line 22 3126
line 23 3227
line 24 3328
line 25 3429
line 26 3530
line 27
line 28 (2) This increase shall be in addition to any increase in density
line 29 mandated by subdivision (b), up to a maximum combined mandated
line 30 density increase of 35 percent if an applicant seeks an increase
line 31 pursuant to both this subdivision and subdivision (b). All density
line 32 calculations resulting in fractional units shall be rounded up to the
line 33 next whole number. Nothing in this subdivision shall be construed
line 34 to enlarge or diminish the authority of a city, county, or city and
line 35 county to require a developer to donate land as a condition of
line 36 development. An applicant shall be eligible for the increased
line 37 density bonus described in this subdivision if all of the following
line 38 conditions are met:
95
— 12 —AB 2501
line 1 (A) The applicant donates and transfers the land no later than
line 2 the date of approval of the final subdivision map, parcel map, or
line 3 residential development application.
line 4 (B) The developable acreage and zoning classification of the
line 5 land being transferred are sufficient to permit construction of units
line 6 affordable to very low income households in an amount not less
line 7 than 10 percent of the number of residential units of the proposed
line 8 development.
line 9 (C) The transferred land is at least one acre in size or of
line 10 sufficient size to permit development of at least 40 units, has the
line 11 appropriate general plan designation, is appropriately zoned with
line 12 appropriate development standards for development at the density
line 13 described in paragraph (3) of subdivision (c) of Section 65583.2,
line 14 and is or will be served by adequate public facilities and
line 15 infrastructure.
line 16 (D) The transferred land shall have all of the permits and
line 17 approvals, other than building permits, necessary for the
line 18 development of the very low income housing units on the
line 19 transferred land, not later than the date of approval of the final
line 20 subdivision map, parcel map, or residential development
line 21 application, except that the local government may subject the
line 22 proposed development to subsequent design review to the extent
line 23 authorized by subdivision (i) of Section 65583.2 if the design is
line 24 not reviewed by the local government prior to the time of transfer.
line 25 (E) The transferred land and the affordable units shall be subject
line 26 to a deed restriction ensuring continued affordability of the units
line 27 consistent with paragraphs (1) and (2) of subdivision (c), which
line 28 shall be recorded on the property at the time of the transfer.
line 29 (F) The land is transferred to the local agency or to a housing
line 30 developer approved by the local agency. The local agency may
line 31 require the applicant to identify and transfer the land to the
line 32 developer.
line 33 (G) The transferred land shall be within the boundary of the
line 34 proposed development or, if the local agency agrees, within
line 35 one-quarter mile of the boundary of the proposed development.
line 36 (H) A proposed source of funding for the very low income units
line 37 shall be identified not later than the date of approval of the final
line 38 subdivision map, parcel map, or residential development
line 39 application.
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AB 2501— 13 —
line 1 (h) (1) When an applicant proposes to construct a housing
line 2 development that conforms to the requirements of subdivision (b)
line 3 and includes a child care facility that will be located on the
line 4 premises of, as part of, or adjacent to, the project, the city, county,
line 5 or city and county shall grant either of the following:
line 6 (A) An additional density bonus that is an amount of square
line 7 feet of residential space that is equal to or greater than the amount
line 8 of square feet in the child care facility.
line 9 (B) An additional concession or incentive that contributes
line 10 significantly to the economic feasibility of the construction of the
line 11 child care facility.
line 12 (2) The city, county, or city and county shall require, as a
line 13 condition of approving the housing development, that the following
line 14 occur:
line 15 (A) The child care facility shall remain in operation for a period
line 16 of time that is as long as or longer than the period of time during
line 17 which the density bonus units are required to remain affordable
line 18 pursuant to subdivision (c).
line 19 (B) Of the children who attend the child care facility, the
line 20 children of very low income households, lower income households,
line 21 or families of moderate income shall equal a percentage that is
line 22 equal to or greater than the percentage of dwelling units that are
line 23 required for very low income households, lower income
line 24 households, or families of moderate income pursuant to subdivision
line 25 (b).
line 26 (3) Notwithstanding any requirement of this subdivision, a city,
line 27 county, or city and county shall not be required to provide a density
line 28 bonus or concession for a child care facility if it finds, based upon
line 29 substantial evidence, that the community has adequate child care
line 30 facilities.
line 31 (4) “Child care facility,” as used in this section, means a child
line 32 day care facility other than a family day care home, including, but
line 33 not limited to, infant centers, preschools, extended day care
line 34 facilities, and schoolage child care centers.
line 35 (i) “Housing development,” as used in this section, means a
line 36 development project for five or more residential units, including
line 37 mixed-use developments. For the purposes of this section, “housing
line 38 development” also includes a subdivision or common interest
line 39 development, as defined in Section 4100 of the Civil Code,
line 40 approved by a city, county, or city and county and consists of
95
— 14 —AB 2501
line 1 residential units or unimproved residential lots and either a project
line 2 to substantially rehabilitate and convert an existing commercial
line 3 building to residential use or the substantial rehabilitation of an
line 4 existing multifamily dwelling, as defined in subdivision (d) of
line 5 Section 65863.4, where the result of the rehabilitation would be a
line 6 net increase in available residential units. For the purpose of
line 7 calculating a density bonus, the residential units shall be on
line 8 contiguous sites that are the subject of one development
line 9 application, but do not have to be based upon individual
line 10 subdivision maps or parcels. The density bonus shall be permitted
line 11 in geographic areas of the housing development other than the
line 12 areas where the units for the lower income households are located.
line 13 (j) (1) The granting of a concession or incentive shall not require
line 14 or be interpreted, in and of itself, to require a general plan
line 15 amendment, local coastal plan amendment, zoning change, special
line 16 studies, study, or other discretionary approval. For purposes of
line 17 this subdivision, “study” does not include reasonable
line 18 documentation to establish eligibility for the concession or
line 19 incentive or to demonstrate that the incentive or concession meets
line 20 the definition set forth in subdivision (k). This provision is
line 21 declaratory of existing law.
line 22 (2) Except as provided in subdivisions (d) and (e), the granting
line 23 of a density bonus shall not require or be interpreted to require the
line 24 waiver of a local ordinance or provisions of a local ordinance
line 25 unrelated to development standards.
line 26 (k) For the purposes of this chapter, concession or incentive
line 27 means any of the following:
line 28 (1) A reduction in site development standards or a modification
line 29 of zoning code requirements or architectural design requirements
line 30 that exceed the minimum building standards approved by the
line 31 California Building Standards Commission as provided in Part 2.5
line 32 (commencing with Section 18901) of Division 13 of the Health
line 33 and Safety Code, including, but not limited to, a reduction in
line 34 setback and square footage requirements and in the ratio of
line 35 vehicular parking spaces that would otherwise be required that
line 36 results in identifiable and actual cost reductions. reductions, to
line 37 provide for affordable housing costs, as defined in Section 50052.5
line 38 of the Health and Safety Code, or for rents for the targeted units
line 39 to be set as specified in subdivision (c).
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AB 2501— 15 —
line 1 (2) Approval of mixed-use zoning in conjunction with the
line 2 housing project if commercial, office, industrial, or other land uses
line 3 will reduce the cost of the housing development and if the
line 4 commercial, office, industrial, or other land uses are compatible
line 5 with the housing project and the existing or planned development
line 6 in the area where the proposed housing project will be located.
line 7 (3) Other regulatory incentives or concessions proposed by the
line 8 developer or the city, county, or city and county that result in
line 9 identifiable and actual cost reductions. reductions to provide for
line 10 affordable housing costs, as defined in Section 50052.5 of the
line 11 Health and Safety Code, or for rents for the targeted units to be
line 12 set as specified in subdivision (c). In no case shall this include an
line 13 increase in density above the percentages specified in subdivision
line 14 (f).
line 15 (l) Subdivision (k) does not limit or require the provision of
line 16 direct financial incentives for the housing development, including
line 17 the provision of publicly owned land, by the city, county, or city
line 18 and county, or the waiver of fees or dedication requirements.
line 19 (m) This section does not supersede or in any way alter or lessen
line 20 the effect or application of the California Coastal Act of 1976
line 21 (Division 20 (commencing with Section 30000) of the Public
line 22 Resources Code).
line 23 (n) If permitted by local ordinance, nothing in this section shall
line 24 be construed to prohibit a city, county, or city and county from
line 25 granting a density bonus greater than what is described in this
line 26 section for a development that meets the requirements of this
line 27 section or from granting a proportionately lower density bonus
line 28 than what is required by this section for developments that do not
line 29 meet the requirements of this section.
line 30 (o) For purposes of this section, the following definitions shall
line 31 apply:
line 32 (1) “Development standard” includes a site or construction
line 33 condition, including, but not limited to, a height limitation, a
line 34 setback requirement, a floor area ratio, an onsite open-space
line 35 requirement, or a parking ratio that applies to a residential
line 36 development pursuant to any ordinance, general plan element,
line 37 specific plan, charter, or other local condition, law, policy,
line 38 resolution, or regulation.
line 39 (2) “Maximum allowable residential density” means the density
line 40 allowed under the zoning ordinance and land use element of the
95
— 16 —AB 2501
line 1 general plan, or if a range of density is permitted, means the
line 2 maximum allowable density for the specific zoning range and land
line 3 use element of the general plan applicable to the project. Where
line 4 the density allowed under the zoning ordinance is inconsistent
line 5 with the density allowed under the land use element of the general
line 6 plan, the general plan density shall prevail.
line 7 (p) (1) Except as provided in paragraphs (2) and (3), upon the
line 8 request of the developer, a city, county, or city and county shall
line 9 not require a vehicular parking ratio, inclusive of handicapped and
line 10 guest parking, of a development meeting the criteria of subdivisions
line 11 (b) and (c), that exceeds the following ratios:
line 12 (A) Zero to one bedroom: one onsite parking space.
line 13 (B) Two to three bedrooms: two onsite parking spaces.
line 14 (C) Four and more bedrooms: two and one-half parking spaces.
line 15 (2) Notwithstanding paragraph (1), if a development includes
line 16 the maximum percentage of low- or very low income units
line 17 provided for in paragraphs (1) and (2) of subdivision (f) and is
line 18 located within one-half mile of a major transit stop, as defined in
line 19 subdivision (b) of Section 21155 of the Public Resources Code,
line 20 and there is unobstructed access to the major transit stop from the
line 21 development, then, upon the request of the developer, a city,
line 22 county, or city and county shall not impose a vehicular parking
line 23 ratio, inclusive of handicapped and guest parking, that exceeds 0.5
line 24 spaces per bedroom. For purposes of this subdivision, a
line 25 development shall have unobstructed access to a major transit stop
line 26 if a resident is able to access the major transit stop without
line 27 encountering natural or constructed impediments.
line 28 (3) Notwithstanding paragraph (1), if a development consists
line 29 solely of rental units, exclusive of a manager’s unit or units, with
line 30 an affordable housing cost to lower income families, as provided
line 31 in Section 50052.5 of the Health and Safety Code, then, upon the
line 32 request of the developer, a city, county, or city and county shall
line 33 not impose a vehicular parking ratio, inclusive of handicapped and
line 34 guest parking, that exceeds the following ratios:
line 35 (A) If the development is located within one-half mile of a major
line 36 transit stop, as defined in subdivision (b) of Section 21155 of the
line 37 Public Resources Code, and there is unobstructed access to the
line 38 major transit stop from the development, the ratio shall not exceed
line 39 0.5 spaces per unit.
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AB 2501— 17 —
line 1 (B) If the development is a for-rent housing development for
line 2 individuals who are 62 years of age or older that complies with
line 3 Sections 51.2 and 51.3 of the Civil Code, the ratio shall not exceed
line 4 0.5 spaces per unit. The development shall have either paratransit
line 5 service or unobstructed access, within one-half mile, to fixed bus
line 6 route service that operates at least eight times per day.
line 7 (C) If the development is a special needs housing development,
line 8 as defined in Section 51312 of the Health and Safety Code, the
line 9 ratio shall not exceed 0.3 spaces per unit. The development shall
line 10 have either paratransit service or unobstructed access, within
line 11 one-half mile, to fixed bus route service that operates at least eight
line 12 times per day.
line 13 (4) If the total number of parking spaces required for a
line 14 development is other than a whole number, the number shall be
line 15 rounded up to the next whole number. For purposes of this
line 16 subdivision, a development may provide on-site parking through
line 17 tandem parking or uncovered parking, but not through on-street
line 18 parking.
line 19 (5) This subdivision shall apply to a development that meets
line 20 the requirements of subdivisions (b) and (c), but only at the request
line 21 of the applicant. An applicant may request parking incentives or
line 22 concessions beyond those provided in this subdivision pursuant
line 23 to subdivision (d).
line 24 (6) This subdivision does not preclude a city, county, or city
line 25 and county from reducing or eliminating a parking requirement
line 26 for development projects of any type in any location.
line 27 (7) Notwithstanding paragraphs (2) and (3), if a city, county,
line 28 city and county, or an independent consultant has conducted an
line 29 areawide or jurisdictionwide parking study in the last seven years,
line 30 then the city, county, or city and county may impose a higher
line 31 vehicular parking ratio not to exceed the ratio described in
line 32 paragraph (1), based upon substantial evidence found in the parking
line 33 study, that includes, but is not limited to, an analysis of parking
line 34 availability, differing levels of transit access, walkability access
line 35 to transit services, the potential for shared parking, the effect of
line 36 parking requirements on the cost of market-rate and subsidized
line 37 developments, and the lower rates of car ownership for low- and
line 38 very low income individuals, including seniors and special needs
line 39 individuals. The city, county, or city and county shall pay the costs
line 40 of any new study. The city, county, or city and county shall make
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line 1 findings, based on a parking study completed in conformity with
line 2 this paragraph, supporting the need for the higher parking ratio.
line 3 (8) A request pursuant to this subdivision shall neither reduce
line 4 nor increase the number of incentives or concessions to which the
line 5 applicant is entitled pursuant to subdivision (d).
line 6 (q) Each component of any density calculation, including base
line 7 density and bonus density, resulting in fractional units shall by
line 8 separately rounded up to the next whole number. The Legislature
line 9 finds and declares that this provision is declaratory of existing law.
line 10 (r) This chapter shall be interpreted liberally in favor of
line 11 producing the maximum number of total housing units.
line 12 SEC. 2. No reimbursement is required by this act pursuant to
line 13 Section 6 of Article XIIIB of the California Constitution because
line 14 a local agency or school district has the authority to levy service
line 15 charges, fees, or assessments sufficient to pay for the program or
line 16 level of service mandated by this act, within the meaning of Section
line 17 17556 of the Government Code.
O
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AB 2501— 19 —
AMENDED IN SENATE AUGUST 9, 2016
AMENDED IN SENATE JUNE 8, 2016
AMENDED IN ASSEMBLY APRIL 28, 2016
AMENDED IN ASSEMBLY APRIL 18, 2016
california legislature—2015–16 regular session
ASSEMBLY BILL No. 2406
Introduced by Assembly Member Thurmond
(Coauthor: Assembly Member Levine)
February 19, 2016
An act to amend Section 65852.2 of, and to add Section 65852.22
to, the Government Code, relating to housing. housing, and declaring
the urgency thereof, to take effect immediately.
legislative counsel’s digest
AB 2406, as amended, Thurmond. Housing: junior accessory dwelling
units.
The Planning and Zoning Law authorizes a local agency to provide
by ordinance for the creation of 2nd units in single-family and
multifamily residential areas, as prescribed.
This bill would, in addition, authorize a local agency to provide by
ordinance for the creation of junior accessory dwelling units, as defined,
in single-family residential zones. The bill would require the ordinance
to include, among other things, standards for the creation of a junior
accessory dwelling unit, required deed restrictions, and occupancy
requirements. The bill would prohibit an ordinance from requiring, as
a condition of granting a permit, water and sewer connection fees or
95
permit for a junior accessory dwelling unit, additional parking
requirements.
This bill would declare that it is to take effect immediately as an
urgency statute.
Vote: majority 2⁄3. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 65852.2 of the Government Code is
line 2 amended to read:
line 3 65852.2. (a) (1) Any local agency may, by ordinance, provide
line 4 for the creation of second units in single-family and multifamily
line 5 residential zones. The ordinance may do any of the following:
line 6 (A) Designate areas within the jurisdiction of the local agency
line 7 where second units may be permitted. The designation of areas
line 8 may be based on criteria, that may include, but are not limited to,
line 9 the adequacy of water and sewer services and the impact of second
line 10 units on traffic flow.
line 11 (B) Impose standards on second units that include, but are not
line 12 limited to, parking, height, setback, lot coverage, architectural
line 13 review, maximum size of a unit, and standards that prevent adverse
line 14 impacts on any real property that is listed in the California Register
line 15 of Historic Places.
line 16 (C) Provide that second units do not exceed the allowable
line 17 density for the lot upon which the second unit is located, and that
line 18 second units are a residential use that is consistent with the existing
line 19 general plan and zoning designation for the lot.
line 20 (2) The ordinance shall not be considered in the application of
line 21 any local ordinance, policy, or program to limit residential growth.
line 22 (3) When a local agency receives its first application on or after
line 23 July 1, 2003, for a permit pursuant to this subdivision, the
line 24 application shall be considered ministerially without discretionary
line 25 review or a hearing, notwithstanding Section 65901 or 65906 or
line 26 any local ordinance regulating the issuance of variances or special
line 27 use permits. Nothing in this paragraph may be construed to require
line 28 a local government to adopt or amend an ordinance for the creation
line 29 of second units. A local agency may charge a fee to reimburse it
line 30 for costs that it incurs as a result of amendments to this paragraph
line 31 enacted during the 2001–02 Regular Session of the Legislature,
95
— 2 —AB 2406
line 1 including the costs of adopting or amending any ordinance that
line 2 provides for the creation of second units.
line 3 (b) (1) When a local agency which has not adopted an ordinance
line 4 governing second units in accordance with subdivision (a) or (c)
line 5 receives its first application on or after July 1, 1983, for a permit
line 6 pursuant to this subdivision, the local agency shall accept the
line 7 application and approve or disapprove the application ministerially
line 8 without discretionary review pursuant to this subdivision unless
line 9 it adopts an ordinance in accordance with subdivision (a) or (c)
line 10 within 120 days after receiving the application. Notwithstanding
line 11 Section 65901 or 65906, every local agency shall grant a variance
line 12 or special use permit for the creation of a second unit if the second
line 13 unit complies with all of the following:
line 14 (A) The unit is not intended for sale and may be rented.
line 15 (B) The lot is zoned for single-family or multifamily use.
line 16 (C) The lot contains an existing single-family dwelling.
line 17 (D) The second unit is either attached to the existing dwelling
line 18 and located within the living area of the existing dwelling or
line 19 detached from the existing dwelling and located on the same lot
line 20 as the existing dwelling.
line 21 (E) The increased floor area of an attached second unit shall
line 22 not exceed 30 percent of the existing living area.
line 23 (F) The total area of floorspace for a detached second unit shall
line 24 not exceed 1,200 square feet.
line 25 (G) Requirements relating to height, setback, lot coverage,
line 26 architectural review, site plan review, fees, charges, and other
line 27 zoning requirements generally applicable to residential construction
line 28 in the zone in which the property is located.
line 29 (H) Local building code requirements which apply to detached
line 30 dwellings, as appropriate.
line 31 (I) Approval by the local health officer where a private sewage
line 32 disposal system is being used, if required.
line 33 (2) No other local ordinance, policy, or regulation shall be the
line 34 basis for the denial of a building permit or a use permit under this
line 35 subdivision.
line 36 (3) This subdivision establishes the maximum standards that
line 37 local agencies shall use to evaluate proposed second units on lots
line 38 zoned for residential use which contain an existing single-family
line 39 dwelling. No additional standards, other than those provided in
line 40 this subdivision or subdivision (a), shall be utilized or imposed,
95
AB 2406— 3 —
line 1 except that a local agency may require an applicant for a permit
line 2 issued pursuant to this subdivision to be an owner-occupant.
line 3 (4) No changes in zoning ordinances or other ordinances or any
line 4 changes in the general plan shall be required to implement this
line 5 subdivision. Any local agency may amend its zoning ordinance
line 6 or general plan to incorporate the policies, procedures, or other
line 7 provisions applicable to the creation of second units if these
line 8 provisions are consistent with the limitations of this subdivision.
line 9 (5) A second unit which conforms to the requirements of this
line 10 subdivision shall not be considered to exceed the allowable density
line 11 for the lot upon which it is located, and shall be deemed to be a
line 12 residential use which is consistent with the existing general plan
line 13 and zoning designations for the lot. The second units shall not be
line 14 considered in the application of any local ordinance, policy, or
line 15 program to limit residential growth.
line 16 (c) No local agency shall adopt an ordinance which totally
line 17 precludes second units within single-family or multifamily zoned
line 18 areas unless the ordinance contains findings acknowledging that
line 19 the ordinance may limit housing opportunities of the region and
line 20 further contains findings that specific adverse impacts on the public
line 21 health, safety, and welfare that would result from allowing second
line 22 units within single-family and multifamily zoned areas justify
line 23 adopting the ordinance.
line 24 (d) A local agency may establish minimum and maximum unit
line 25 size requirements for both attached and detached second units. No
line 26 minimum or maximum size for a second unit, or size based upon
line 27 a percentage of the existing dwelling, shall be established by
line 28 ordinance for either attached or detached dwellings which does
line 29 not permit at least an efficiency unit to be constructed in
line 30 compliance with local development standards.
line 31 (e) Parking requirements for second units shall not exceed one
line 32 parking space per unit or per bedroom. Additional parking may
line 33 be required provided that a finding is made that the additional
line 34 parking requirements are directly related to the use of the second
line 35 unit and are consistent with existing neighborhood standards
line 36 applicable to existing dwellings. Off-street parking shall be
line 37 permitted in setback areas in locations determined by the local
line 38 agency or through tandem parking, unless specific findings are
line 39 made that parking in setback areas or tandem parking is not feasible
line 40 based upon specific site or regional topographical or fire and life
95
— 4 —AB 2406
line 1 safety conditions, or that it is not permitted anywhere else in the
line 2 jurisdiction.
line 3 (f) Fees charged for the construction of second units shall be
line 4 determined in accordance with Chapter 5 (commencing with
line 5 Section 66000).
line 6 (g) This section does not limit the authority of local agencies
line 7 to adopt less restrictive requirements for the creation of second
line 8 units.
line 9 (h) Local agencies shall submit a copy of the ordinances adopted
line 10 pursuant to subdivision (a) or (c) to the Department of Housing
line 11 and Community Development within 60 days after adoption.
line 12 (i) As used in this section, the following terms mean:
line 13 (1) “Living area” means the interior habitable area of a dwelling
line 14 unit including basements and attics but does not include a garage
line 15 or any accessory structure.
line 16 (2) “Local agency” means a city, county, or city and county,
line 17 whether general law or chartered.
line 18 (3) For purposes of this section, “neighborhood” has the same
line 19 meaning as set forth in Section 65589.5.
line 20 (4) “Second unit” means an attached or a detached residential
line 21 dwelling unit which provides complete independent living facilities
line 22 for one or more persons. It shall include permanent provisions for
line 23 living, sleeping, eating, cooking, and sanitation on the same parcel
line 24 as the single-family dwelling is situated. A second unit also
line 25 includes the following:
line 26 (A) An efficiency unit, as defined in Section 17958.1 of Health
line 27 and Safety Code.
line 28 (B) A manufactured home, as defined in Section 18007 of the
line 29 Health and Safety Code.
line 30 (j) Nothing in this section shall be construed to supersede or in
line 31 any way alter or lessen the effect or application of the California
line 32 Coastal Act (Division 20 (commencing with Section 30000) of
line 33 the Public Resources Code), except that the local government shall
line 34 not be required to hold public hearings for coastal development
line 35 permit applications for second units.
line 36 (k) This section shall not apply to the regulation of junior
line 37 accessory dwelling units, as set forth in Section 65852.22.
line 38 SEC. 2. Section 65852.22 is added to the Government Code,
line 39 immediately following Section 65852.2, to read:
95
AB 2406— 5 —
line 1 65852.22. (a) A local agency may, by ordinance, provide for
line 2 the creation of junior accessory dwelling units in single-family
line 3 residential zones. The ordinance may require a permit to be
line 4 obtained for the creation of a junior accessory dwelling unit, and
line 5 shall do all of the following:
line 6 (1) Limit the number of junior accessory dwelling units to one
line 7 per residential lot zoned for single-family residences with a
line 8 single-family residence already built on the lot.
line 9 (2) Require owner-occupancy in the single-family residence in
line 10 which the junior accessory dwelling unit will be permitted. The
line 11 owner may reside in either the remaining portion of the structure
line 12 or the newly created junior accessory dwelling unit.
line 13 Owner-occupancy shall not be required if the owner is another
line 14 governmental agency, land trust, or housing organization.
line 15 (3) Require the recordation of a deed restriction, which shall
line 16 run with the land, shall be filed with the permitting agency, and
line 17 shall include both of the following:
line 18 (A) A prohibition on the sale of the junior accessory dwelling
line 19 unit separate from the sale of the single-family residence, including
line 20 a statement that the deed restriction may be enforced against future
line 21 purchasers.
line 22 (B) A restriction on the size and attributes of the junior accessory
line 23 dwelling unit that conforms with this section.
line 24 (4) Require a permitted junior accessory dwelling unit to be
line 25 constructed within the existing walls of the structure, and require
line 26 the inclusion of an existing bedroom.
line 27 (5) Require a permitted junior accessory dwelling to include a
line 28 separate entrance from the main entrance to the structure, with an
line 29 interior entry to the main living area. A permitted junior accessory
line 30 dwelling may include a second interior doorway for sound
line 31 attenuation.
line 32 (6) The permitted junior accessory dwelling unit shall include
line 33 an efficiency kitchen, which shall include all of the following:
line 34 (A) A sink with a maximum waste line diameter of 1.5 inches.
line 35 (B) A cooking facility with appliances that do not require
line 36 electrical service greater than 120 volts, or natural or propane gas.
line 37 (C) A food preparation counter and storage cabinets that are of
line 38 reasonable size in relation to the size of the junior accessory
line 39 dwelling unit.
line 40 (b) (1) An ordinance shall not:
95
— 6 —AB 2406
line 1 (A) Require not require additional parking as a condition to
line 2 granting grant a permit.
line 3 (B) Authorize the imposition of a water connection fee as a
line 4 condition to granting a permit.
line 5 (C) Authorize the imposition of a sewer connection fee as a
line 6 condition to granting a permit.
line 7 (2) This subdivision shall not be interpreted to prohibit the
line 8 requirement of an inspection, including the imposition of a fee for
line 9 that inspection, to determine whether the junior accessory dwelling
line 10 unit is in compliance with applicable building standards.
line 11 (c) For the purposes of any fire or life protection ordinance or
line 12 regulation, a junior accessory dwelling unit shall not be considered
line 13 a separate or new dwelling unit. This section shall not be construed
line 14 to prohibit a city, county, city and county, or other local public
line 15 entity from adopting an ordinance or regulation relating to fire and
line 16 life protection requirements within a single-family residence that
line 17 contains a junior accessory dwelling unit so long as the ordinance
line 18 or regulation applies uniformly to all single-family residences
line 19 within the zone regardless of whether the single-family residence
line 20 includes a junior accessory dwelling unit or not.
line 21 (d) For the purposes of providing service for water, sewer, or
line 22 power, including a connection fee, a junior accessory dwelling
line 23 unit shall not be considered a separate or new dwelling unit.
line 24 (e) This section shall not be construed to prohibit a local agency
line 25 from adopting an ordinance or regulation, related to parking or
line 26 a service or a connection fee for water, sewer, or power, that
line 27 applies to a single-family residence that contains a junior
line 28 accessory dwelling unit, so long as that ordinance or regulation
line 29 applies uniformly to all single-family residences regardless of
line 30 whether the single-family residence includes a junior accessory
line 31 dwelling unit.
line 32 (e)
line 33 (f) For purposes of this section, the following terms have the
line 34 following meanings:
line 35 (1) “Junior accessory dwelling unit” means a unit that is no
line 36 more than 500 square feet in size and contained entirely within an
line 37 existing single-family structure. A junior accessory dwelling unit
line 38 may include separate sanitation facilities, or may share sanitation
line 39 facilities with the existing structure.
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AB 2406— 7 —
line 1 (2) “Local agency” means a city, county, or city and county,
line 2 whether general law or chartered.
line 3 SEC. 3. This act is an urgency statute necessary for the
line 4 immediate preservation of the public peace, health, or safety within
line 5 the meaning of Article IV of the Constitution and shall go into
line 6 immediate effect. The facts constituting the necessity are:
line 7 In order to allow local jurisdictions the ability to promulgate
line 8 ordinances that create secure income for homeowners and secure
line 9 housing for renters, at the earliest possible time, it is necessary
line 10 for this act to take effect immediately.
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— 8 —AB 2406