SB 6 — Local planning: housing: commercial zones.

Summary

The Planning and Zoning Law requires each county and city to adopt a comprehensive, long-term general plan for its physical development, and the development of certain lands outside its boundaries, that includes, among other mandatory elements, a housing element. Existing law requires that the housing element include, among other things, an inventory of land suitable and available for residential development. If the inventory of sites does not identify adequate sites to accommodate the need for groups of all households pursuant to specified law, existing law requires the local government to rezone sites within specified time periods and that this rezoning accommodate 100% of the need for housing for very low and low-income households on sites that will be zoned to permit owner-occupied and rental multifamily residential use by right for specified developments. This bill, the Middle Class Housing Act of 2022, would deem a housing development project, as defined, an allowable use on a parcel that is within a zone where office, retail, or parking are a principally permitted use, if specified conditions are met, including requirements relating to density, public notice, comment, hearing, or other procedures, site location and size, consistency with sustainable community strategy or alternative plans, prevailing wage, and a skilled and trained workforce. The bill would authorize an interested party, including a labor organization that represents workers in the geographic area of the project, to bring an action for injunctive relief against a developer or prime contractor that proceeds with a project in violation of specified bidding requirements. This bill would require a development proponent to provide written notice of their pending application to each commercial tenant on the parcel when the application is submitted and provide relocation assistance to each eligible commercial tenant, as described. The bill would require a local agency to require that a rental of any unit created pursuant to the bill's provisions be for a term longer than 30 days. This bill would authorize a local agency to exempt a parcel from these provisions if the local agency makes specified written findings supported by substantial evidence, as provided. The bill would specify that it does not alter or affect the application of any housing, environmental, or labor law applicable to a housing development authorized by these provisions, including, but not limited to, the California Coastal Act, the California Environmental Quality Act, the Housing Accountability Act, obligations to affirmatively further fair housing, and any state or local affordability laws or tenant protection laws. The bill would require the Department of Housing and Community Development to undertake at least 2 studies of the outcomes of these provisions that include specified information, including, among other things, the number of projects built and the number of units built. The bill would provide that these provisions become operative on July 1, 2023, and would repeal the provisions on January 1, 2033. The bill would include findings that changes proposed by the Middle Class Housing Act of 2022 address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities. The Housing Accountability Act, which is part of the Planning and Zoning Law, prohibits a local agency from disapproving, or conditioning approval in a manner that renders infeasible, a housing development project, as defined for purposes of the act, for very low, low-, or moderate-income households or an emergency shelter unless the local agency makes specified written findings based on a preponderance of the evidence in the record. That act states that it shall not be construed to prohibit a local agency from requiring a housing development project to comply with objective, quantifiable, written development standards, conditions, and policies appropriate to, and consistent with, meeting the jurisdiction's share of the regional housing need, except as provided. That act further provides that a housing development project or emergency shelter shall be deemed consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision if there is substantial evidence that would allow a reasonable person to conclude that the housing development project or emergency shelter is consistent, compliant, or in conformity. The bill would provide that for purposes of the Housing Accountability Act, a proposed housing development project is consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision if the housing development project is consistent with the standards applied to the parcel pursuant to specified provisions of the Middle Class Housing Act of 2022. The Planning and Zoning Law, until January 1, 2026, also authorizes a development proponent to submit an application for a multifamily housing development that is subject to a streamlined, ministerial approval process, as provided, and not subject to a conditional use permit, if the development satisfies specified objective planning standards, including a requirement that the site on which the development is proposed 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 23 of the square footage of the development designated for residential use. Under that law, the proposed development is also required to be consistent with objective zoning standards, objective subdivision standards, and objective design review standards in effect at the time the development is submitted to the local government. This bill would permit the development to be proposed for a site zoned for office or retail commercial use and that meets the requirements of the above-described Middle Class Housing Act of 2022. The bill would also provide that a project shall be deemed consistent with objective zoning standards, objective design standards, and objective subdivision standards if the project is consistent with the applicable provisions of the Middle Class Housing Act of 2022 and if none of the square footage in the project is designated for hotel, motel, bed and breakfast inn, or other transient lodging use, except for a residential hotel, as defined. This bill would incorporate additional changes to Section 65913.4 of the Government Code proposed by AB 2668 to be operative only if this bill and AB 2668 are enacted and this bill is enacted last. By expanding the crime of perjury and imposing new duties on local agencies with regard to local planning and zoning, this bill 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 specified reasons.

Bill Text

• Chaptered 09/28/22 - Chaptered Current pdf September 28, 2022
• Enrolled 09/01/22 - Enrolled pdf September 01, 2022
• Amended 08/25/22 - Amended Assembly pdf August 25, 2022
• Amended 08/15/22 - Amended Assembly pdf August 15, 2022
• Amended 06/20/22 - Amended Assembly pdf June 20, 2022
• Amended 08/23/21 - Amended Assembly pdf August 23, 2021
• Amended 04/12/21 - Amended Senate pdf April 12, 2021
• Amended 03/08/21 - Amended Senate pdf March 08, 2021
• Introduced 12/07/20 - Introduced pdf December 07, 2020
• SB6 View text html

Action History

1. September 28, 2022

   Chaptered by Secretary of State. Chapter 659, Statutes of 2022.

2. September 28, 2022

   Approved by the Governor.

3. September 06, 2022

   Enrolled and presented to the Governor at 3:30 p.m.

4. August 29, 2022

   Assembly amendments concurred in. (Ayes 34. Noes 0. Page 5228.) Ordered to engrossing and enrolling.

5. August 29, 2022

   In Senate. Concurrence in Assembly amendments pending.

6. August 29, 2022

   Read third time. Passed. Ordered to the Senate.

7. August 25, 2022

   Ordered to third reading.

8. August 25, 2022

   Read third time and amended.

9. August 16, 2022

   Read second time. Ordered to third reading.

10. August 15, 2022

    Read second time and amended. Ordered to second reading.

11. August 11, 2022

    From committee: Do pass as amended. (Ayes 12. Noes 2.) (August 11).

12. August 03, 2022

    August 3 set for first hearing. Placed on suspense file.

13. June 29, 2022

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (June 29). Re-referred to Com. on APPR.

14. June 20, 2022

    From committee with author's amendments. Read second time and amended. Re-referred to Com. on H. & C.D.

15. August 23, 2021

    From committee with author's amendments. Read second time and amended. Re-referred to Com. on H. & C.D.

16. August 23, 2021

    Referred to Com. on H. & C.D.

17. May 24, 2021

    In Assembly. Read first time. Held at Desk.

18. May 24, 2021

    Read third time. Passed. (Ayes 32. Noes 2. Page 1236.) Ordered to the Assembly.

19. May 20, 2021

    Read second time. Ordered to third reading.

20. May 20, 2021

    From committee: Do pass. (Ayes 6. Noes 1. Page 1178.) (May 20).

21. May 14, 2021

    Set for hearing May 20.

22. May 10, 2021

    May 10 hearing: Placed on APPR suspense file.

23. May 04, 2021

    Set for hearing May 10.

24. April 29, 2021

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 8. Noes 0. Page 986.) (April 29). Re-referred to Com. on APPR.

25. April 12, 2021

    From committee with author's amendments. Read second time and amended. Re-referred to Com. on HOUSING.

26. March 26, 2021

    Set for hearing April 29.

27. March 11, 2021

    From committee: Do pass and re-refer to Com. on HOUSING. (Ayes 5. Noes 0. Page 479.) (March 11). Re-referred to Com. on HOUSING.

28. March 08, 2021

    From committee with author's amendments. Read second time and amended. Re-referred to Com. on GOV. & F.

29. March 05, 2021

    Set for hearing March 11.

30. January 28, 2021

    Referral to Com. on JUD. rescinded because of the limitations placed on committee hearings due to ongoing health and safety risks of the COVID-19 virus.

31. January 28, 2021

    Referred to Coms. on GOV. & F., HOUSING, and JUD.

32. December 08, 2020

    (Corrected December 9).

33. December 08, 2020

    From printer. May be acted upon on or after January 7.

34. December 07, 2020

    Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

• Anna M. Caballero · Primary
• Eggman · Cosponsor
• Atkins · Cosponsor
• Maria Elena Durazo · Cosponsor
• Hertzberg · Cosponsor
• Scott D. Wiener · Cosponsor
• Dave Cortese · Cosponsor
• Hueso · Cosponsor
• Roth · Cosponsor
• Mike McGuire · Cosponsor
• Joaquin Arambula · Cosponsor
• Cooper · Cosponsor
• Mike A. Gipson · Cosponsor
• Sharon Quirk-Silva · Cosponsor
• Robert Rivas · Cosponsor
• Susan Rubio · Cosponsor
• Lena A. Gonzalez · Cosponsor
• Wendy Carrillo · Cosponsor

Votes

Subjects