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AB-2356 Planning and zoning: housing element: extremely low income housing.(2015-2016)

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Amended  IN  Assembly  May 02, 2016
Amended  IN  Assembly  April 26, 2016
Amended  IN  Assembly  March 29, 2016

CALIFORNIA LEGISLATURE— 2015–2016 REGULAR SESSION

Assembly Bill
No. 2356


Introduced by Assembly Member Gomez

February 18, 2016


An act to add Section 65583.3 to the Government Code, relating to land use.


LEGISLATIVE COUNSEL'S DIGEST


AB 2356, as amended, Gomez. Planning and zoning: housing element: extremely low income housing.
The Planning and Zoning Law requires a city or county to adopt a general plan for land use development that includes, among other things, a housing element. That law requires the housing element to include an assessment of housing needs and an inventory of resources and constraints relevant to the meeting of these needs. That law requires this assessment and inventory to include the identification of a zone or zones where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit, as provided.
This bill would authorize a city or county to additionally include in its assessment and inventory the identification of housing for extremely low income households, as defined. If a local government elects to include this identification in its assessment and inventory, the bill would impose certain requirements, including that the identified zone or zones include sufficient capacity to accommodate the need for housing for extremely low income households, that the local government demonstrate that existing or proposed permit processing, development, and management standards are objective and encourage and facilitate the development of housing for extremely low income households, and that housing for extremely low income households generally be subject only to the development and management standards that apply to residential or commercial development within the same zone. The bill would also provide that the permit processing, development, development of zones and objective management standards applied under these provisions would not be discretionary acts within the meaning of the California Environmental Quality Act.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NO   Local Program: NO  

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


SECTION 1.

 Section 65583.3 is added to the Government Code, to read:

65583.3.
 The assessment and inventory adopted pursuant to subdivision (a) of Section 65583 may include the identification of a zone or zones where housing for extremely low income households, as defined in Section 50106 of the Health and Safety Code, is allowed as a permitted use without a conditional use or other discretionary permit. If the local government elects to identify a zone or zones pursuant to this section, all of the following shall apply:
(a) The identified zone or zones shall include sufficient capacity to accommodate the need for housing for extremely low income households. If the local government cannot identify a zone or zones with sufficient capacity, the local government shall include a program to amend its zoning ordinance to meet the requirements of this section within one year of the adoption of the housing element. The local government may identify additional zones where housing for extremely low income households is permitted with a conditional use permit.
(b) The local government shall also demonstrate that existing or proposed permit processing, development, and management standards are objective and encourage and facilitate the development of, or conversion to, housing for extremely low income households. Housing for extremely low income households may only be subject to those development and management standards that apply to residential or commercial development within the same zone except that a local government may apply written, objective standards.
(c) The permit processing, development, development of zones and objective management standards applied under this section shall not be deemed to be discretionary acts within the meaning of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).