Today's Law As Amended


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AB-1075 Planning and zoning: residential developments.(2021-2022)



As Amends the Law Today


SECTION 1.

 Section 65913.16 is added to the Government Code, to read:

65913.16.
 Notwithstanding any other law, a local agency shall deem a residential development compliant with its local zoning requirements if the proposed development meets the requirements outlined in subparagraphs (a) and (b).
(a) The residential development is located on a site that meets the following requirements:
(1) The parcel satisfies the requirements specified in subparagraphs (B), (C), and (E) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.
(2) The parcel is not located in a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178.
(3) At the time of application, the parcel is zoned for residential use by the local government and low-density residential single-family construction is authorized.
(4) Notwithstanding any provision of this section or any local law, the proposed housing development would not require demolition or alteration of any of the following types of housing:
(A) Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of low or very low income.
(B) Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
(C) Housing that has been occupied by a tenant in the last three years.
(5) The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.
(b) The residential development meets all of the following:
(1) The local jurisdiction’s objective design review standards, including, but not limited to, minimum lot area and required setbacks.
(2) The residential development height’s limit does not exceed 26 feet unless the local jurisdiction allows a greater height.
(3) The proposed project contains 10 units of housing or less.
(4) If the proposed project is subject to an inclusionary housing ordinance when the project application is submitted, the project satisfies the requirements of the inclusionary housing ordinance.
(c) Nothing in this section shall be construed to relieve the local agency from complying with the congestion management program required by Chapter 2.6 (commencing with Section 65088) of Division 1 of Title 7 or the California Coastal Act of 1976 (Division 20 (commencing with Section 30000) of the Public Resources Code). Neither shall anything in this section be construed to relieve the local agency from making one or more of the findings required pursuant to Section 21081 of the Public Resources Code or otherwise complying with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).
SEC. 2.
 The Legislature finds and declares that 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, Sections 1 and 2 of this act adding Sections 65913.16 and 65913.17 to the Government Code apply to all cities, including charter cities.
SEC. 3.
 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.