Signed by Governor Gavin Newsom

Vote Smart's Synopsis:

Vote to pass a bill that authorizes cities the opportunity to rezone certain lands for up to 10 units of low-income housing.

Highlights:

• Establishes that notwithstanding any local restrictions on adopting zoning ordinances enacted by the jurisdiction that limits the legislative body’s ability to adopt zoning ordinances, a local government may adopt an ordinance to zone a parcel for up to 10 units of residential density per parcel, at a height specified by the local government in the ordinance, if the parcel is located in one of the following (Sec. 1):

• A transit-rich area; or

• An urban infill site.

• Specifies that a local government is not to adopt an ordinance according to this subdivision on or after January 1, 2029; however, the operative date of an ordinance adopted under this subdivision may extend beyond January 1, 2029 (Sec. 1).

• Specifies that an ordinance adopted following this subdivision, and any resolution to amend the jurisdiction’s General Plan, ordinance, or other local regulation adopted to be consistent with that zoning ordinance, does not constitute a “project” for purposes of Division 13 of the Public Resources Code (Sec. 1).

• Establishes that the first bullet point does not apply to either of the following (Sec. 1):

• Parcels located within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection but not to sites that have adopted fire hazard mitigation measures according to existing building standards or state fire mitigation measures applicable to the development; or

• Any local restriction enacted or approved by a local initiative that designates publicly owned land as open-space land, as defined in subdivision (h) of Section 65560, or for park or recreational purposes.

• Establishes that a legislative body is to comply with all of the following when adopting a zoning ordinance (Sec. 1):

• The zoning ordinance is to include a declaration that the zoning ordinance is adopted according to this law;

• The zoning ordinance is to demarcate the areas that are zoned according to this law;

• The legislative body is to make a finding that the increased density authorized by the ordinance is consistent with the city or county’s obligation to affirmatively further fair housing; and

• If the ordinance supersedes any zoning restriction established by a local voter initiative, the ordinance should only take effect if adopted by a two-thirds vote of the members of the legislative body.

• Establishes that notwithstanding any other law that allows ministerial or by-right approval of a development project or that grants an exemption from Division 13 of the Public Resources Code, a residential or mixed-use residential project consisting of more than 10 new residential units on one or more parcels that are zoned according to this law will not be approved ministerially or by right and will not be exempt from Division 13 of the Public Resources Code (Sec. 1).

• Specifies that this subdivision should not apply to a project located on a parcel or parcels that are zoned according to an ordinance adopted under this law but subsequently rezoned without regard to this law and that a subsequent ordinance adopted to rezone the parcel or parcels should not be exempt from Division 13 of the Public Resources Code (Sec. 1).

• Establishes that any environmental review conducted to adopt the subsequent ordinance should consider the change in the zoning applicable to the parcel or parcels before they were zoned or rezoned according to the ordinance adopted under this section (Sec. 1).

• Establishes that the creation of up to two accessory dwelling units and two junior accessory dwelling units per parcel should not count towards the total number of units of a residential or mixed-use residential project when determining if the project may be approved ministerially or by right (Sec. 1).

• Specifies that a project may not be divided into smaller projects to exclude the project from the prohibition in this subdivision (Sec. 1).

• Establishes that an ordinance adopted according to this law is not to reduce the density of any parcel subject to the ordinance (Sec. 1).

• Specifies that a legislative body that adopts a zoning ordinance according to this law is not to subsequently reduce the density of any parcel subject to the ordinance (Sec. 1).

• Defines “high-quality bus corridor” to mean a corridor with fixed route bus service that meets all of the following criteria (Sec. 1):

• It has average service intervals of no more than 15 minutes during the three peak hours between 6 a.m. to 10 a.m., inclusive, and the three peak hours between 3 p.m. and 7 p.m., inclusive, on Monday through Friday;

• It has average service intervals of no more than 20 minutes during the hours of 6 a.m. to 10 p.m., inclusive, on Monday through Friday; and 

• It has average intervals of no more than 30 minutes during the hours of 8 a.m. to 10 p.m., inclusive, on Saturday and Sunday.

• Defines “transit-rich area” as a parcel within one-half mile of a major transit stop, as defined in Section 21064.3 of the Public Resources Code, or a parcel on a high-quality bus corridor (Sec. 1).

• Defines “urban infill site” to mean a site that satisfies all of the following (Sec. 1):

• A site that is a legal parcel or parcels located in a city if, and only if, the city boundaries include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel or parcels wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau;

• A site in which at least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses; and

• A site that is zoned for residential use or residential mixed-use development, or has a general plan designation that allows residential use or a mix of residential and nonresidential uses, with at least two-thirds of the square footage of the development designated for residential use.

• Establishes that the Legislature finds and declares that provision of adequate housing, in light of the severe shortage of housing at all income levels in this state, is a matter of statewide concern and is not a municipal affair and, therefore, this law applies to all cities, including charter cities (Sec. 1).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that authorizes cities the opportunity to rezone certain lands for up to 10 units of low-income housing.

Highlights:

• Establishes that notwithstanding any local restrictions on adopting zoning ordinances enacted by the jurisdiction that limits the legislative body’s ability to adopt zoning ordinances, a local government may adopt an ordinance to zone a parcel for up to 10 units of residential density per parcel, at a height specified by the local government in the ordinance, if the parcel is located in one of the following (Sec. 1):

• A transit-rich area; or

• An urban infill site.

• Specifies that a local government is not to adopt an ordinance according to this subdivision on or after January 1, 2029; however, the operative date of an ordinance adopted under this subdivision may extend beyond January 1, 2029 (Sec. 1).

• Specifies that an ordinance adopted following this subdivision, and any resolution to amend the jurisdiction’s General Plan, ordinance, or other local regulation adopted to be consistent with that zoning ordinance, does not constitute a “project” for purposes of Division 13 of the Public Resources Code (Sec. 1).

• Establishes that the first bullet point does not apply to either of the following (Sec. 1):

• Parcels located within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection but not to sites that have adopted fire hazard mitigation measures according to existing building standards or state fire mitigation measures applicable to the development; or

• Any local restriction enacted or approved by a local initiative that designates publicly owned land as open-space land, as defined in subdivision (h) of Section 65560, or for park or recreational purposes.

• Establishes that a legislative body is to comply with all of the following when adopting a zoning ordinance (Sec. 1):

• The zoning ordinance is to include a declaration that the zoning ordinance is adopted according to this law;

• The zoning ordinance is to demarcate the areas that are zoned according to this law;

• The legislative body is to make a finding that the increased density authorized by the ordinance is consistent with the city or county’s obligation to affirmatively further fair housing; and

• If the ordinance supersedes any zoning restriction established by a local voter initiative, the ordinance should only take effect if adopted by a two-thirds vote of the members of the legislative body.

• Establishes that notwithstanding any other law that allows ministerial or by-right approval of a development project or that grants an exemption from Division 13 of the Public Resources Code, a residential or mixed-use residential project consisting of more than 10 new residential units on one or more parcels that are zoned according to this law will not be approved ministerially or by right and will not be exempt from Division 13 of the Public Resources Code (Sec. 1).

• Specifies that this subdivision should not apply to a project located on a parcel or parcels that are zoned according to an ordinance adopted under this law but subsequently rezoned without regard to this law and that a subsequent ordinance adopted to rezone the parcel or parcels should not be exempt from Division 13 of the Public Resources Code (Sec. 1).

• Establishes that any environmental review conducted to adopt the subsequent ordinance should consider the change in the zoning applicable to the parcel or parcels before they were zoned or rezoned according to the ordinance adopted under this section (Sec. 1).

• Establishes that the creation of up to two accessory dwelling units and two junior accessory dwelling units per parcel should not count towards the total number of units of a residential or mixed-use residential project when determining if the project may be approved ministerially or by right (Sec. 1).

• Specifies that a project may not be divided into smaller projects to exclude the project from the prohibition in this subdivision (Sec. 1).

• Establishes that an ordinance adopted according to this law is not to reduce the density of any parcel subject to the ordinance (Sec. 1).

• Specifies that a legislative body that adopts a zoning ordinance according to this law is not to subsequently reduce the density of any parcel subject to the ordinance (Sec. 1).

• Defines “high-quality bus corridor” to mean a corridor with fixed route bus service that meets all of the following criteria (Sec. 1):

• It has average service intervals of no more than 15 minutes during the three peak hours between 6 a.m. to 10 a.m., inclusive, and the three peak hours between 3 p.m. and 7 p.m., inclusive, on Monday through Friday;

• It has average service intervals of no more than 20 minutes during the hours of 6 a.m. to 10 p.m., inclusive, on Monday through Friday; and 

• It has average intervals of no more than 30 minutes during the hours of 8 a.m. to 10 p.m., inclusive, on Saturday and Sunday.

• Defines “transit-rich area” as a parcel within one-half mile of a major transit stop, as defined in Section 21064.3 of the Public Resources Code, or a parcel on a high-quality bus corridor (Sec. 1).

• Defines “urban infill site” to mean a site that satisfies all of the following (Sec. 1):

• A site that is a legal parcel or parcels located in a city if, and only if, the city boundaries include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel or parcels wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau;

• A site in which at least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses; and

• A site that is zoned for residential use or residential mixed-use development, or has a general plan designation that allows residential use or a mix of residential and nonresidential uses, with at least two-thirds of the square footage of the development designated for residential use.

• Establishes that the Legislature finds and declares that provision of adequate housing, in light of the severe shortage of housing at all income levels in this state, is a matter of statewide concern and is not a municipal affair and, therefore, this law applies to all cities, including charter cities (Sec. 1).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that authorizes cities the opportunity to rezone certain lands for up to 10 units of low-income housing.