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. The law also requires the Department of Housing and Community Development to notify the city, county, or city and county, and authorizes the department to notify the Attorney General, that the city, county, or city and county is in violation of state law if the department finds that the housing element or an amendment to that element, or any specified action or failure to act, does not substantially comply with the law as it pertains to housing elements or that any local government has taken an action in violation of certain housing laws. Existing law, the Davis-Stirling Common Interest Development Act, governs the management and operation of common interest developments. Existing law makes void and unenforceable any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in a planned development, and any provision of a governing document, that effectively prohibits or unreasonably restricts the construction or use of an accessory dwelling unit or junior accessory dwelling unit on a lot zoned for single-family residential use that meets specified standards. This bill would prohibit a local agency, as defined, from imposing a floor area ratio standard that is less than 1.0 on a housing development project that consists of 3 to 7 units, or less than 1.25 on a housing development project that consists of 8 to 10 units. The bill would prohibit a local agency from imposing a lot coverage requirement that would physically preclude a housing development project from achieving the floor area ratios described above. The bill would prohibit a local agency from denying a housing development project located on an existing legal parcel solely on the basis that the lot area of the proposed lot does not meet the local agency's requirements for minimum lot size. The bill would only apply to housing development projects that meet specified requirements, including, among other things, that the project be located in a multifamily residential zone or a mixed-use zone, as specified. The bill would additionally require the department to identify violations by a local government of these provisions, as described above. This bill would add the Housing Crisis Act of 2019 to the specified provisions of law for which the department is required to give notice of a violation. This bill would make void and unenforceable any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in a planned development, and any provision of a governing document, that effectively prohibits or unreasonably restricts a housing development project from using the floor area ratio standards authorized under the provisions described above. The bill would provide that it does not apply to provisions that impose reasonable restrictions, as defined, that do not make the implementation of a project subject to the above-described provisions infeasible. 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. This bill would incorporate additional changes to Section 65585 of the Government Code proposed by AB 215 to be operative only if this bill and AB 215 are enacted and this bill is enacted last.
Chaptered by Secretary of State. Chapter 363, Statutes of 2021.
Approved by the Governor.
Enrolled and presented to the Governor at 1:30 p.m.
Assembly amendments concurred in. (Ayes 30. Noes 6. Page 2557.) Ordered to engrossing and enrolling.
Read third time. Passed. (Ayes 56. Noes 14. Page 2916.) Ordered to the Senate.
In Senate. Concurrence in Assembly amendments pending.
Read third time and amended.
Ordered to third reading.
Read second time. Ordered to third reading.
Read second time and amended. Ordered to second reading.
From committee: Do pass as amended. (Ayes 11. Noes 4.) (August 26).
August 19 set for first hearing. Placed on suspense file.
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 5. Noes 2.) (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 7. Noes 1.) (June 22).
Referred to Coms. on H. & C.D. and L. GOV.
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 29. Noes 5. Page 1258.) Ordered to the Assembly.
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. Page 1193.) (May 20).
Set for hearing May 20.
May 10 hearing: Placed on APPR suspense file.
Set for hearing May 10.
From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 1. Page 987.) (April 29). Re-referred to Com. on APPR.
Set for hearing April 29.
Read second time and amended. Re-referred to Com. on HOUSING.
From committee: Do pass as amended and re-refer to Com. on HOUSING. (Ayes 4. Noes 1. Page 728.) (April 8).
Set for hearing April 8.
Referred to Coms. on GOV. & F. and HOUSING.
(Ayes 32. Noes 4.)
Joint Rule 55 suspended. (Ayes 32. Noes 4. Page 272.)
Art. IV. Sec. 8(a) of the Constitution dispensed with.
From printer. May be acted upon on or after March 20.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
| Bill Text Versions | Format |
|---|---|
| SB478 | HTML |
| 02/17/21 - Introduced | |
| 04/12/21 - Amended Senate | |
| 05/20/21 - Amended Senate | |
| 06/24/21 - Amended Assembly | |
| 07/05/21 - Amended Assembly | |
| 08/30/21 - Amended Assembly | |
| 09/02/21 - Amended Assembly | |
| 09/13/21 - Enrolled | |
| 09/28/21 - Chaptered |
| Document | Format |
|---|---|
| 04/06/21- Senate Governance and Finance | |
| 04/26/21- Senate Housing | |
| 05/07/21- Senate Appropriations | |
| 05/21/21- Senate Appropriations | |
| 05/25/21- Sen. Floor Analyses | |
| 06/18/21- Assembly Housing and Community Development | |
| 06/19/21- Assembly Housing and Community Development | |
| 06/29/21- Assembly Local Government | |
| 08/16/21- Assembly Appropriations | |
| 08/31/21- ASSEMBLY FLOOR ANALYSIS | |
| 09/02/21- ASSEMBLY FLOOR ANALYSIS | |
| 09/08/21- Sen. Floor Analyses |
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