Scott Wiener
- Democratic
- Senator
- District 11
Author
The Planning and Zoning Law requires a city or county to adopt a general plan for land use development within its boundaries that includes, among other things, a housing element. Existing law requires an attached housing development to be a permitted use, not subject to a conditional use permit, on any parcel zoned for multifamily housing if at least certain percentages of the units are available at affordable housing costs to very low income, lower income, and moderate-income households for at least 30 years and if the project meets specified conditions relating to location and being subject to a discretionary decision other than a conditional use permit. Existing law provides for various incentives intended to facilitate and expedite the construction of affordable housing. This bill would, notwithstanding any local restrictions on adopting zoning ordinances, authorize a local government to adopt an ordinance to zone any parcel for up to 10 units of residential density per parcel, at a height specified in the ordinance, if the parcel is located in a transit-rich area or an urban infill site, as those terms are defined. The bill would prohibit a local government from adopting an ordinance pursuant to these provisions on or after January 1, 2029. The bill would specify that an ordinance adopted under these provisions, and any resolution to amend the jurisdiction's General Plan, ordinance, or other local regulation adopted to be consistent with that ordinance, is not a project for purposes of the California Environmental Quality Act. The bill would prohibit an ordinance adopted under these provisions from superceding a local restriction enacted or approved by a local initiative that designates publicly owned land as open-space land or for park or recreational purposes. The bill would impose specified requirements on a zoning ordinance adopted under these provisions, including a requirement that the zoning ordinance clearly demarcate the areas that are subject to the ordinance and that the legislative body make a finding that the ordinance is consistent with the city or county's obligation to affirmatively further fair housing. The bill would require an ordinance to be adopted by a 23 vote of the members of the legislative body if the ordinance supersedes any zoning restriction established by local initiative. The bill would prohibit an ordinance adopted under these provisions from reducing the density of any parcel subject to the ordinance and would prohibit a legislative body from subsequently reducing the density of any parcel subject to the ordinance. The bill would prohibit a residential or mixed-use residential project consisting of 10 or more units that is located on a parcel zoned pursuant to these provisions from being approved ministerially or by right or from being exempt from the California Environmental Quality Act, except as specified. This 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.
Approved by the Governor.
Chaptered by Secretary of State. Chapter 163, Statutes of 2021.
Enrolled and presented to the Governor at 2 p.m.
Assembly amendments concurred in. (Ayes 28. Noes 6. Page 2210.) Ordered to engrossing and enrolling.
In Senate. Concurrence in Assembly amendments pending.
Read third time. Passed. (Ayes 44. Noes 12. Page 2475.) Ordered to the Senate.
Read second time. Ordered to third reading.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. (Ayes 6. Noes 1.) (June 30).
Read second time and amended. Re-referred to Com. on L. GOV.
From committee: Do pass as amended and re-refer to Com. on L. GOV. (Ayes 6. Noes 1.) (June 22).
From committee with author's amendments. Read second time and amended. Re-referred to Com. on H. & C.D.
Referred to Coms. on H. & C.D. and L. GOV.
Read third time. Passed. (Ayes 27. Noes 7. Page 1393.) Ordered to the Assembly.
In Assembly. Read first time. Held at Desk.
Read second time. Ordered to third reading.
Read third time and amended.
Ordered to second reading.
From committee: Do pass. (Ayes 6. Noes 1. Page 1178.) (May 20).
Read second time. Ordered to third reading.
Set for hearing May 20.
May 10 hearing: Placed on APPR suspense file.
Set for hearing May 10.
Read second time and amended. Re-referred to Com. on APPR.
From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 1. Page 895.) (April 22).
From committee with author's amendments. Read second time and amended. Re-referred to Com. on GOV. & F.
Set for hearing April 22.
Read second time and amended. Re-referred to Com. on GOV. & F.
From committee: Do pass as amended and re-refer to Com. on GOV. & F. (Ayes 7. Noes 1. Page 552.) (March 18).
From committee with author's amendments. Read second time and amended. Re-referred to Com. on HOUSING.
Set for hearing March 18.
Referral to Com. on E.Q. rescinded because of the limitations placed on committee hearings due to ongoing health and safety risks of the COVID-19 virus.
Referred to Coms. on HOUSING, GOV. & F., and EQ.
From printer. May be acted upon on or after January 7.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB10 | HTML |
| 12/07/20 - Introduced | |
| 02/24/21 - Amended Senate | |
| 03/22/21 - Amended Senate | |
| 04/13/21 - Amended Senate | |
| 04/27/21 - Amended Senate | |
| 05/26/21 - Amended Senate | |
| 06/14/21 - Amended Assembly | |
| 06/24/21 - Amended Assembly | |
| 07/05/21 - Amended Assembly | |
| 09/01/21 - Enrolled | |
| 09/16/21 - Chaptered |
| Document | Format |
|---|---|
| 03/15/21- Senate Housing | |
| 04/20/21- Senate Governance and Finance | |
| 05/07/21- Senate Appropriations | |
| 05/22/21- Sen. Floor Analyses | |
| 05/27/21- Sen. Floor Analyses | |
| 06/18/21- Assembly Housing and Community Development | |
| 06/30/21- Assembly Local Government | |
| 07/07/21- ASSEMBLY FLOOR ANALYSIS | |
| 08/25/21- Sen. Floor Analyses |
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