Bill Text

Bill Information


PDF |Add To My Favorites |Track Bill | print page

AB-682 Planning and zoning: cohousing buildings.(2021-2022)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
Date Published: 02/12/2021 09:00 PM
AB682:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 682


Introduced by Assembly Member Bloom

February 12, 2021


An act to add Sections 65852.250, 65852.251, 65852.252, and 65852.253 to the Government Code, relating to housing.


LEGISLATIVE COUNSEL'S DIGEST


AB 682, as introduced, Bloom. Planning and zoning: cohousing buildings.
The Planning and Zoning Law authorizes the legislative body of any county or city to adopt ordinances regulating zoning within its jurisdiction, as specified.
This bill would require a city or county with a population of more than 400,000 people to permit the building of cohousing buildings, as defined, in any zone where multifamily residential buildings are permitted. The bill would require that cohousing buildings be permitted on the same basis as multifamily dwelling units. The bill would set minimum standards for the construction of cohousing buildings, including floor-space ratios and setback requirements. The bill would require that specified percentages of cohousing buildings be set aside for affordable housing, as specified. The bill would define terms for the purpose of these provisions.
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.
Because this bill would impose additional zoning requirements on local governments, it 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 65852.250 is added to the Government Code, immediately following Section 65852.25, to read:

65852.250.
 (a) In any zone in which multifamily residential buildings are permitted in a city, including a charter city, or county with a population of more than 400,000 people, cohousing buildings shall also be permitted. These cohousing buildings shall include onsite restricted affordable units, pursuant to Section 65852.252.
(b) A conditional use permit or other discretionary action shall not be required for cohousing buildings that comply with Sections 65852.250 to 65852.253, inclusive, if it is not required for residential dwelling units in the same zone.
(c) Local jurisdictions shall apply the requirements applicable to multifamily dwelling units to cohousing buildings, including, but not limited to, yards, floor area, and design review, provided these requirements do not conflict with the provisions of this section. No other local ordinance, policy, or regulation shall be the basis for the denial of a building or use permit pursuant to this section.

SEC. 2.

 Section 65852.251 is added to the Government Code, immediately following Section 65852.250, to read:

65852.251.
 (a) No density limit shall be applicable to cohousing buildings.
(b) A density bonus, pursuant to the provisions of Section 65915 and any other state or local program that provides development bonuses, shall not be applicable to cohousing buildings.
(c) If regulated by a local ordinance, building height or number of stories may be exceeded by at least one additional story or 11 additional feet, whichever is greater. Allowable projections shall be permitted to exceed the otherwise applicable building height limit by a maximum of 16 feet.
(d) No setbacks shall be required for the ground-floor portion of cohousing buildings, when the ground floor is used exclusively for commercial uses or for access to the residential portions of those buildings.
(e) For all portions of cohousing buildings erected and used for residential purposes, there shall be setbacks of not less than five feet in width along the residential portion of the perimeter of the building.
(f) Cohousing buildings shall be permitted to exceed the otherwise applicable floor-area ratio by up to 50 percent, or to a floor-area ratio of at least 3.5:1, whichever is greater.
(g) Cohousing buildings shall not be required to provide parking spaces for its tenants.
(h) No private or common open space shall be required for cohousing buildings. For purposes of this subdivision, “private or common open space” includes, but is not limited to, a shared patio or similar space.

SEC. 3.

 Section 65852.252 is added to the Government Code, immediately following Section 65852.251, to read:

65852.252.
 Cohousing buildings shall provide onsite restricted affordable units at a rate of at least one of the following minimum percentages, calculated based upon the total number of cohousing units in the project:
(a) Five percent of the total number of cohousing units shall be affordable to extremely low income households.
(b) Five percent of the total number of cohousing units shall be affordable to very low income households.
(c) Ten percent of the total number of cohousing units shall be affordable to lower income households.

SEC. 4.

 Section 65852.253 is added to the Government Code, immediately following Section 65852.252, to read:

65852.253.
 For provisions relating to cohousing buildings, the following definitions apply:
(a) “Cohousing building” means a residential or mixed-use structure, with five or more cohousing units and one or more common kitchen and dining areas designed for permanent residence of more than 30 days by its tenants. The building may include dwelling units, provided they occupy not more than 25 percent of the floor area of the building. The building may contain 100-percent cohousing units. The building may have incidental commercial uses, provided these uses are otherwise allowable and that these uses are located only on the ground floor or that level of the building closest to the street or sidewalk of the building.
(b) “Cohousing unit” means one or more habitable rooms, not contained within another dwelling unit, which may not include a kitchen, and that is designed or used for permanent residence.
(c) “Extremely low income household” has the same meaning as in Section 50106 of the Health and Safety Code.
(d) “Lower income household” has the same meaning as in Section 50079.5 of the Health and Safety Code.
(e) “Very low income household” has the same meaning as in Section 50105 of the Health and Safety Code.
(f) “Restricted affordable unit” means a residential unit or a cohousing unit for which rental or mortgage amounts are restricted for 30 years or a longer period of time, so as to be affordable to and occupied by extremely low, very low, or low-income households.

SEC. 5.

 The Legislature finds and declares that Sections 1 through 4, inclusive, of this act adding Sections 65852.250, 65852.251, 65852.252, and 65852.253 of the Government Code address a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, Sections 1 through 4, inclusive, of this act apply to all cities, including charter cities.

SEC. 6.

 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.