65913.3.
(a) (1) A local government may pass an ordinance, notwithstanding any local restrictions on adopting zoning ordinances enacted by the jurisdiction, including restrictions enacted by a local voter initiative, that limit the legislative body’s ability to adopt zoning ordinances, to zone any parcel for up to 10 units of residential density per parcel, at a height specified by the local government in the ordinance, if the parcel is located in one of the following:(A) A transit-rich area.
(B) A jobs-rich area.
(C) An urban infill site.
(2) An ordinance adopted in accordance with this subdivision shall not constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.
(c)
(b) For purposes of this section:
(1) “High-quality bus corridor” means a corridor
with fixed route bus service that meets all of the following criteria:
(A) It has average service intervals of no more than 15 minutes during the three peak hours between 6 a.m. to 10 a.m., inclusive, and the three peak hours between 3 p.m. and 7 p.m., inclusive, on Monday through Friday.
(B) It has average service intervals of no more than 20 minutes during the hours of 6 a.m. to 10 a.m., inclusive, on Monday through Friday.
(C) It has average intervals of no more than 30 minutes during the hours of 8 a.m. to 10 p.m., inclusive, on Saturday and Sunday.
(2) (A) “Jobs-rich area” means an area identified by the Department of Housing and Community Development in consultation with the Office of Planning and Research that is high opportunity and either is jobs rich or would enable shorter
commute distances based on whether, in a regional analysis, the tract meets both of the following:
(i) The tract is high opportunity, meaning its characteristics are associated with positive educational and economic outcomes for households of all income levels residing in the tract.
(ii) The tract meets either of the following criteria:
(iii) New housing sited in the tract would enable residents to live near more jobs than is typical for tracts in the region.
(iv) New housing sited in the tract would enable shorter commute distances for residents,
relative to existing commute patterns and jobs-housing fit.
(B) The Department of Housing and Community Development shall, commencing on January 1, 2022, publish and update, every five years thereafter, a map of the state showing the areas identified by the department as “jobs-rich areas.”
(3)(A)“Sound rental housing” means any of the following:
(i)Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
(ii)Housing that is subject to any form of rent or price control through a public entity’s valid exercise of its police power.
(iii)(I)Housing occupied by
tenants within the seven years preceding the date of the application, including housing that has been demolished or that tenants have vacated before the application for a development permit.
(II)For purposes of this clause, “tenant” means a person who does not own the property where they reside, including residential situations that are any of the following:
(ia)Residential real property rented by the person under a long-term lease.
(ib)A single-room occupancy unit.
(ic)An accessory dwelling unit that is not subject to, or does not have a valid permit in accordance with, an ordinance adopted by a local agency pursuant to Section 65852.2.
(id)A residential motel.
(ie)A mobilehome park, as governed under the Mobilehome Residency Law (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code), the Recreational Vehicle Park Occupancy Law (Chapter 2.6 (commencing with Section 799.20) of Title 2 of Part 2 of Division 2 of the Civil Code), the Mobilehome Parks Act (Part 2.1 (commencing with Section 18200) of Division 13 of the Health and Safety Code), or the Special Occupancy Parks Act (Part 2.3 (commencing with Section 18860) of Division 13 of the Health and Safety Code).
(if)Any other type of residential property that is not owned by the person or a member of the person’s household, for which the person or a member of the person’s household provides payments on a regular schedule in exchange for the right to occupy the residential property.
(iv)A parcel or parcels on which an owner of residential real property has exercised their rights under Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within 15 years before the date that the development proponent submits an application pursuant to a streamlined, ministerial approval process.
(B)“Sound rental housing” shall not mean housing that the local agency has deemed uninhabitable due to fire, flood, earthquake, or other natural disaster.
(4)
(3) “Transit-rich area” means a parcel within one-half mile of a major transit stop, as defined in Section 21064.3 of the Public Resources Code, or a parcel on a high-quality bus corridor.
(5)
(4) “Urban infill site” means a site that satisfies all of the following:
(A) A site that is a legal parcel or parcels located in a city if, and only if, the city
boundaries include some portion of either an urbanized area or urban cluster, as designated by the United States Census Bureau, or, for unincorporated areas, a legal parcel or parcels wholly within the boundaries of an urbanized area or urban cluster, as designated by the United States Census Bureau.
(B) A site in which at least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses. For the purposes of this section, parcels that are only separated by a street or highway shall be considered to be adjoined.
(C) A site that is zoned for residential use or
residential mixed-use development, or has a general plan designation that allows residential use or a mix of residential and nonresidential uses, with at least two-thirds of the square footage of the development designated for residential use.
(6)(A)“Use by right” means that the local government’s review of the housing development may not require a conditional use permit, planned unit development permit, or other discretionary local government review or approval that would constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. Any subdivision of the sites shall be subject to all laws, including, but not limited to, the local government
ordinance implementing the Subdivision Map Act (Division 2 (commencing with Section 66410)).
(B)A local ordinance may provide that “use by right” does not exempt the housing development from design review. However, that design review shall not constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.
(7)“Very high fire hazard severity zone” means a very high fire hazard severity zone as determined by the Department of Forestry and Fire Protection pursuant to Section 51178, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code.
(d)
(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.