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AB-3107 Planning and zoning: general plan: housing development.(2019-2020)

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Date Published: 02/21/2020 09:00 PM
AB3107:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 3107


Introduced by Assembly Member Bloom

February 21, 2020


An act to add Section 65583.7 to the Government Code, relating to land use.


LEGISLATIVE COUNSEL'S DIGEST


AB 3107, as introduced, Bloom. Planning and zoning: general plan: housing development.
The Planning and Zoning Law requires that the legislative body of each county and each city adopt a comprehensive, long-term general plan for the physical development of the county and city, and specified land outside its boundaries, that includes, among other mandatory elements, a housing element. That law requires that the housing element include, among other things, an inventory of land suitable and available for residential development, as provided.
This bill, notwithstanding any inconsistent provision of a city’s or county’s general plan, specific plan, zoning ordinance, or regulation, would require that a housing development in which at least 20% of the units have an affordable housing cost or affordable rent for lower income households, as those terms are defined, be an allowable use on a site designated in any element of the general plan for commercial uses.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
By adding to the duties of local planning officials, the 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   Local Program: YES  

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


SECTION 1.

 Section 65583.7 is added to the Government Code, to read:

65583.7.
 (a) Notwithstanding any inconsistent provision of a city’s or county’s general plan, specific plan, zoning ordinance, or regulation, a housing development in which at least 20 percent of the units have an affordable housing cost or affordable rent for lower income households shall be an allowable use on a site designated in any element of the general plan for commercial uses.
(b) For purposes of this section:
(1) “Affordable housing cost” has the same meaning as defined in Section 50052.5 of the Health and Safety Code.
(2) “Affordable rent” has the same meaning as defined in Section 50053 of the Health and Safety Code.
(3) “Lower income households” has the same meaning as defined in Section 50079.5 of the Health and Safety Code.
(c) The Legislature finds and declares that ensuring the adequate production of affordable housing is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities.

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.