California 2021-2022 Regular Session Status: Enacted 1 D cosponsors

SB 478 — Planning and Zoning Law: housing development projects.

Last action — Chaptered by Secretary of State. Chapter 363, Statutes of 2021.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 17, 2021. Enacted.

Prognosis

Likely to advance 74% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 10 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

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.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 363, Statutes of 2021.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 1:30 p.m.

  4. Assembly amendments concurred in. (Ayes 30. Noes 6. Page 2557.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 56. Noes 14. Page 2916.) Ordered to the Senate.

  7. Ordered to third reading.

  8. Read third time and amended.

  9. Read second time. Ordered to third reading.

  10. Read second time and amended. Ordered to second reading.

  11. From committee: Do pass as amended. (Ayes 11. Noes 4.) (August 26).

  12. August 19 set for first hearing. Placed on suspense file.

  13. Read second time and amended. Re-referred to Com. on APPR.

  14. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (June 30).

  15. Read second time and amended. Re-referred to Com. on L. GOV.

  16. From committee: Do pass as amended and re-refer to Com. on L. GOV. (Ayes 7. Noes 1.) (June 22).

  17. Referred to Coms. on H. & C.D. and L. GOV.

  18. In Assembly. Read first time. Held at Desk.

  19. Read third time. Passed. (Ayes 29. Noes 5. Page 1258.) Ordered to the Assembly.

  20. Read second time. Ordered to third reading.

  21. Read second time and amended. Ordered to second reading.

  22. From committee: Do pass as amended. (Ayes 6. Noes 1. Page 1193.) (May 20).

  23. Set for hearing May 20.

  24. May 10 hearing: Placed on APPR suspense file.

  25. Set for hearing May 10.

  26. 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.

  27. Set for hearing April 29.

  28. Read second time and amended. Re-referred to Com. on HOUSING.

  29. From committee: Do pass as amended and re-refer to Com. on HOUSING. (Ayes 4. Noes 1. Page 728.) (April 8).

  30. Set for hearing April 8.

  31. Referred to Coms. on GOV. & F. and HOUSING.

  32. Joint Rule 55 suspended. (Ayes 32. Noes 4. Page 272.)

  33. (Ayes 32. Noes 4.)

  34. Art. IV. Sec. 8(a) of the Constitution dispensed with.

  35. From printer. May be acted upon on or after March 20.

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

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 120 not signed on · 13 voted No

Sponsors (1)

Co-sponsors (1)

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Unfinished Business SB478 Wiener et al. Concurrence

Passed 30 Yea · 6 Nay · 4 Other
Party YeaNayPresentNot Voting
Democratic 11002
Unaffiliated 17402
Republican 2200
Total 30604
% of votes cast 75%15%0%10%
How each member voted (40)
Member Party Vote
Bradford — Yea
Newman — Yea
Dodd — Yea
Kamlager — Yea
Min — Yea
Hueso — Yea
Roth — Yea
Rubio — Yea
Skinner — Yea
Hertzberg — Yea
Nielsen — Yea
Wieckowski — Yea
Gonzalez — Yea
Pan — Yea
Leyva — Yea
Atkins — Yea
Glazer — Yea
Borgeas — Nay
Melendez — Nay
Bates — Nay
Wilk — Nay
Eggman — Not Voting
Portantino — Not Voting
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Not Voting
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Not Voting
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Yea
Ochoa Bogh, Rosilicie Republican Nay

Official roll call →

SB 478 Wiener Senate Third Reading By Carrillo

Passed 56 Yea · 14 Nay · 10 Other
Party YeaNayPresentNot Voting
Unaffiliated 33506
Democratic 22302
Republican 1602
Total 5614010
% of votes cast 70%18%0%13%
How each member voted (80)
Member Party Vote
Wood — Yea
Nazarian — Yea
Ting — Yea
Low — Yea
Levine — Yea
Daly — Yea
McCarty — Yea
Medina — Yea
Burke — Yea
Cunningham — Yea
Cooper — Yea
Chau — Yea
Smith — Nay
Waldron — Nay
Bigelow — Nay
Gray — Not Voting
Bloom — Yea
Friedman — Yea
Voepel — Yea
Cooley — Yea
Chiu — Yea
Rendon — Yea
Mullin — Yea
Holden — Yea
Villapudua — Yea
Salas — Yea
Jones-Sawyer — Yea
Santiago — Yea
Maienschein — Yea
Rodriguez — Yea
Quirk — Yea
O'Donnell — Not Voting
Mathis — Not Voting
Kiley — Not Voting
Mayes — Not Voting
Frazier — Not Voting
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Lorena Gonzalez — Yea
Luz Rivas — Yea
Mark Stone — Yea
Vince Fong — Nay
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Bennett, Steve Democratic Not Voting
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Nay
Bonta, Mia Democratic Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Not Voting
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Muratsuchi, Al Democratic Nay
Nguyen, Stephanie Democratic Nay
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Yea
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Ward, Christopher M. Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Wicks, Buffy Democratic Yea
Chen, Phillip Republican Not Voting
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Davies, Laurie Republican Nay
Flora, Heath Republican Not Voting
Gallagher, James Republican Yea
Lackey, Tom Republican Nay
Seyarto, Kelly Republican Nay
Valladares, Suzette Martinez Republican Nay

Official roll call →

Do pass as amended.

Passed 11 Yea · 4 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 6000
Unaffiliated 5300
Republican 0101
Total 11401
% of votes cast 69%25%0%6%
How each member voted (16)
Member Party Vote
Quirk — Yea
Chau — Yea
Levine — Nay
Bigelow — Nay
Eduardo Garcia — Yea
Lorena Gonzalez — Yea
Vince Fong — Nay
Wendy Carrillo — Yea
Bryan, Isaac G. Democratic Yea
Calderon, Lisa Democratic Yea
Gabriel, Jesse Democratic Yea
Kalra, Ash Democratic Yea
Rivas, Robert Democratic Yea
Weber Pierson, M.D., Akilah Democratic Yea
Dahle, Megan Republican Not Voting
Davies, Laurie Republican Nay

Official roll call →

Do pass as amended and be re-referred to the Committee on [Appropriations]

Passed 5 Yea · 2 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 3100
Unaffiliated 2001
Republican 0100
Total 5201
% of votes cast 63%25%0%13%
How each member voted (8)
Member Party Vote
Bloom — Yea
Voepel — Not Voting
Luz Rivas — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Boerner, Tasha Democratic Nay
Ramos, James C. Democratic Yea
Rivas, Robert Democratic Yea
Lackey, Tom Republican Nay

Official roll call →

3rd Reading

Passed 29 Yea · 5 Nay · 6 Other
Party YeaNayPresentNot Voting
Republican 2200
Unaffiliated 17303
Democratic 10003
Total 29506
% of votes cast 73%13%0%15%
How each member voted (40)
Member Party Vote
Glazer — Yea
Atkins — Yea
Wieckowski — Yea
Roth — Yea
Bradford — Yea
Min — Yea
Dodd — Yea
Rubio — Yea
Nielsen — Yea
Kamlager — Yea
Skinner — Yea
Hueso — Yea
Gonzalez — Yea
Pan — Yea
Eggman — Yea
Leyva — Yea
Hertzberg — Yea
Bates — Nay
Wilk — Nay
Portantino — Nay
Melendez — Not Voting
Borgeas — Not Voting
Newman — Not Voting
Allen, Benjamin Democratic Yea
Archuleta, Bob Democratic Not Voting
Becker, Josh Democratic Yea
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Yea
Limón, Monique Democratic Not Voting
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Not Voting
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Yea
Ochoa Bogh, Rosilicie Republican Nay

Official roll call →

Do pass as amended

Passed 6 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4100
Republican 1000
Democratic 1000
Total 6100
% of votes cast 86%14%0%0%
How each member voted (7)
Member Party Vote
Wieckowski — Yea
Kamlager — Yea
Portantino — Yea
Bradford — Yea
Bates — Nay
Laird, John Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
Democratic 1000
Republican 1000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Kamlager — Yea
Bates — Yea
Bradford — Yea
Portantino — Yea
Wieckowski — Yea
Laird, John Democratic Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass, but first be re-referred to the Committee on [Appropriations]

Passed 7 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 2100
Democratic 5000
Republican 0001
Total 7101
% of votes cast 78%11%0%11%
How each member voted (9)
Member Party Vote
Wieckowski — Yea
Skinner — Yea
Bates — Nay
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
McGuire, Mike Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Ochoa Bogh, Rosilicie Republican Not Voting

Official roll call →

Subjects

housing
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Frequently asked questions

What does SB 478 do?
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.
Who sponsors SB 478?
SB 478 is sponsored by Wiener, Scott D. (Democratic) and Wendy Carrillo.
What is the current status of SB 478?
This bill has been enacted into law. Introduced February 17, 2021. Enacted.
Where can I track SB 478?
Track SB 478 free on One Click Politics — get push/email alerts when it moves.

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