Today's Law As Amended

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AB-2522 Land use: attached housing developments.(2015-2016)



SECTION 1.

 Section 65589.4 of the Government Code is amended to read:

65589.4.
 (a) An attached housing development shall be a permitted use not subject to a conditional use permit on any parcel zoned for an attached housing development if local law so provides or if  by right as defined in subdivision (i) of Section 65583.2 and shall be subject to that subdivision if  it satisfies the requirements of subdivision (b) and either of the following:
(1) The attached housing development satisfies the criteria of Section 21159.22, 21159.23, or 21159.24 of the Public Resources Code.
(2) The attached housing development meets all of the following criteria:
(A) The attached housing development is either:
(i) Located on a site that is identified in the jurisdiction’s inventory of land suitable for residential development described in paragraph (3) of subdivision (a) of Section 65583.
(A) (ii)  The attached housing development is subject to a discretionary decision other than a conditional use permit and a negative declaration or mitigated negative declaration has been adopted for the attached housing development under the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). If no public hearing is held with respect to the discretionary decision, then the negative declaration or mitigated negative declaration for the attached housing development may be adopted only after a public hearing to receive comments on the negative declaration or mitigated negative declaration. Located on a site that has been or will be rezoned pursuant to the program identified in the jurisdiction’s housing element, as required by paragraph (1) of subdivision (c) of Section 65583, and either the rezoning has been completed or three years have passed following the date that the jurisdiction’s housing element was adopted, unless the deadline for the rezoning has been extended pursuant to subdivision (f) of Section 65583. 
(B) The attached housing development does not contain more dwelling units than were projected by the jurisdiction to be accommodated on the sites described in subparagraph (A) plus any density bonus units for which the development is eligible pursuant to Section 65915.
(B) (C)  The attached housing development is consistent with both the jurisdiction’s zoning ordinance and general plan as it existed on the date the application was deemed complete,  complies with objective, quantifiable, written development standards, conditions, and policies appropriate to, and consistent with, meeting the jurisdiction’s share of the regional housing need,  except that an attached housing development shall not be deemed to be inconsistent with the zoning designation  for the site if that zoning designation is inconsistent with the general plan only because the attached housing development site  the rezoning described in paragraph (1) of subdivision (c) of Section 65583  has not been rezoned to conform with the most recent adopted general plan. completed for that site three years after the date that the housing element was adopted, unless the deadline for the rezoning has been extended pursuant to subdivision (f) of Section 65583. 
(C) The attached housing development is located in an area that is covered by one of the following documents that has been adopted by the jurisdiction within five years of the date the application for the attached housing development was deemed complete:
(i) A general plan.
(ii) A revision or update to the general plan that includes at least the land use and circulation elements.
(iii) An applicable community plan.
(iv) An applicable specific plan.
(D) The attached housing development consists of not more than 100 residential units with a minimum density of not less than 12 units per acre or a minimum density of not less than eight units per acre if the attached housing development consists of four or fewer units. element is either: 
(E)  The attached  (i)   housing development is located  Located  in an urbanized area as defined in Section 21071 of the Public Resources Code or within a census-defined place with a population density of at least 5,000 persons per square mile or, if the attached housing development consists of 50 or fewer units, within an incorporated city with a population density of at least 2,500 persons per square mile and a total population of at least 25,000 persons.
(F) (ii)  The attached housing development is located  Located  on an infill site as defined in Section 21061.0.5 21061.3  of the Public Resources Code.
(b) At least 10 percent of the units of the attached housing development shall be available at affordable housing cost to very low income households, as defined in Section 50105 of the Health and Safety Code, or at least 20 percent of the units of the attached housing development shall be available at affordable housing cost to lower income households, as defined in Section 50079.5 of the Health and Safety Code, or at least 50 percent of the units of the attached housing development available at affordable housing cost to moderate-income households, consistent with Section 50052.5 of the Health and Safety Code. The developer of the  The  attached housing development shall provide sufficient legal commitments to the local agency to ensure the continued availability and use of the housing units for very low, low-, or moderate-income households for a period of at least 30 years. provides both of the following: 
(1) “Housing for very low, low-, or moderate-income households” as defined in paragraph (3) of subdivision (h) of Section 65589.5.
(c) (2)  Nothing in this section shall prohibit a local agency from applying design and site review standards in existence on the date the application was deemed complete. Replacement housing units as required by paragraph (3) of subdivision (c) of Section 65915. 
(d) (c)  The provisions of this section are independent of any obligation of a jurisdiction pursuant to subdivision (c) of Section 65583 to identify multifamily sites developable by right.
(e) (d)  This section does not apply to the issuance of coastal development permits pursuant to the California Coastal Act (Division 20 (commencing with Section 30000) of the Public Resources Code).
(f) (e)  This section does not relieve a public agency from complying with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) or relieve  an applicant or public agency from complying with the Subdivision Map Act (Division 2 (commencing with Section 66473)). 66410)). 
(g) (f)  This section is applicable to all cities and counties, including charter cities, because the Legislature finds that the lack of affordable housing is of vital statewide importance, and thus a matter of statewide concern.
(h) (g)  For purposes of this section, “attached housing development” means a newly constructed or substantially rehabilitated structure containing two or more dwelling units and consisting only of residential units,  that is a housing development project, as defined by paragraph (2) of subdivision (h) of Section 65589.5,  but does not include an accessory dwelling  a second  unit, as defined by paragraph (4) of subdivision (j) (i)  of Section 65852.2, or the conversion of an existing structure to condominiums.
SEC. 2.
  No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.