California 2021-2022 Regular Session Status: Enacted 4 D cosponsors

SB 10 — Planning and zoning: housing development: density.

Last action — Chaptered by Secretary of State. Chapter 163, 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 December 07, 2020. Enacted.

Prognosis

Likely to advance 82% · 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.

  • 6 sponsors

    1 primary, 5 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (4 D).

  • Cleared a recorded vote

    Passed 9 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. 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.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 163, Statutes of 2021.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 2 p.m.

  4. Assembly amendments concurred in. (Ayes 28. Noes 6. Page 2210.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 44. Noes 12. Page 2475.) Ordered to the Senate.

  7. Read second time. Ordered to third reading.

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

  9. From committee: Do pass as amended. (Ayes 6. Noes 1.) (June 30).

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

  11. From committee: Do pass as amended and re-refer to Com. on L. GOV. (Ayes 6. Noes 1.) (June 22).

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

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

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

  15. Read third time. Passed. (Ayes 27. Noes 7. Page 1393.) Ordered to the Assembly.

  16. Read second time. Ordered to third reading.

  17. Ordered to second reading.

  18. Read third time and amended.

  19. Read second time. Ordered to third reading.

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

  21. Set for hearing May 20.

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

  23. Set for hearing May 10.

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

  25. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 1. Page 895.) (April 22).

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

  27. Set for hearing April 22.

  28. Read second time and amended. Re-referred to Com. on GOV. & F.

  29. From committee: Do pass as amended and re-refer to Com. on GOV. & F. (Ayes 7. Noes 1. Page 552.) (March 18).

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

  31. Set for hearing March 18.

  32. 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.

  33. Referred to Coms. on HOUSING, GOV. & F., and EQ.

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

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

Sponsors

Sponsorship breakdown

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1 sponsors · 5 co-sponsors · 116 not signed on · 10 voted No

Sponsors (1)

Co-sponsors (5)

Not signed on (116)

116 members have not signed on to this bill.

Show all 116 →

"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 SB10 Wiener et al. Concurrence

Passed 28 Yea · 6 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 16502
Democratic 8104
Republican 4000
Total 28606
% of votes cast 70%15%0%15%
How each member voted (40)
Member Party Vote
Roth — Yea
Eggman — Yea
Atkins — Yea
Nielsen — Yea
Glazer — Yea
Borgeas — Yea
Dodd — Yea
Pan — Yea
Leyva — Yea
Bradford — Yea
Hueso — Yea
Skinner — Yea
Rubio — Yea
Min — Yea
Gonzalez — Yea
Wieckowski — Yea
Wilk — Nay
Bates — Nay
Hertzberg — Nay
Portantino — Nay
Kamlager — Nay
Melendez — Not Voting
Newman — Not Voting
Allen, Benjamin Democratic Not Voting
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Not Voting
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
Durazo, Maria Elena Democratic Yea
Hurtado, Melissa Democratic Yea
Laird, John Democratic Nay
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 Yea
Jones, Brian W. Republican Yea
Ochoa Bogh, Rosilicie Republican Yea

Official roll call →

SB 10 Wiener Senate Third Reading By Chiu

Passed 44 Yea · 12 Nay · 23 Other
Party YeaNayPresentNot Voting
Democratic 18404
Unaffiliated 237014
Republican 3105
Total 4412023
% of votes cast 56%15%0%29%
How each member voted (79)
Member Party Vote
Cooper — Yea
Chau — Yea
Bloom — Nay
Voepel — Nay
Nazarian — Nay
Frazier — Nay
Salas — Nay
O'Donnell — Nay
Friedman — Not Voting
Mathis — Not Voting
Bigelow — Not Voting
Jones-Sawyer — Not Voting
Santiago — Not Voting
Maienschein — Not Voting
Waldron — Not Voting
Daly — Not Voting
McCarty — Not Voting
Gray — Not Voting
Smith — Not Voting
Burke — Not Voting
Cooley — Yea
Chiu — Yea
Rendon — Yea
Mullin — Yea
Holden — Yea
Villapudua — Yea
Rodriguez — Yea
Quirk — Yea
Kiley — Yea
Mayes — Yea
Wood — Yea
Ting — Yea
Low — Yea
Levine — Yea
Medina — Yea
Cunningham — Yea
Cristina Garcia — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Luz Rivas — Not Voting
Mark Stone — Nay
Vince Fong — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Nay
Bennett, Steve Democratic Not Voting
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Nay
Bryan, Isaac G. Democratic Not Voting
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Not Voting
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Lee, Alex Democratic Yea
Muratsuchi, Al Democratic Nay
Nguyen, Stephanie Democratic Not Voting
Petrie-Norris, Cottie Democratic Nay
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 Not Voting
Dahle, Megan Republican Yea
Davies, Laurie Republican Not Voting
Flora, Heath Republican Yea
Gallagher, James Republican Not Voting
Lackey, Tom Republican Yea
Seyarto, Kelly Republican Nay
Valladares, Suzette Martinez Republican Not Voting

Official roll call →

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

Passed 6 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 2001
Democratic 4000
Republican 0100
Total 6101
% of votes cast 75%13%0%13%
How each member voted (8)
Member Party Vote
Kiley — Yea
Chiu — Yea
Maienschein — Not Voting
Gabriel, Jesse Democratic Yea
Kalra, Ash Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Wicks, Buffy Democratic Yea
Seyarto, Kelly Republican Nay

Official roll call →

3rd Reading SB10 Wiener et al.

Passed 27 Yea · 7 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 15404
Republican 3100
Democratic 9202
Total 27706
% of votes cast 68%18%0%15%
How each member voted (40)
Member Party Vote
Dodd — Yea
Borgeas — Yea
Roth — Yea
Wieckowski — Yea
Atkins — Yea
Rubio — Yea
Glazer — Yea
Gonzalez — Yea
Skinner — Yea
Bradford — Yea
Hueso — Yea
Eggman — Yea
Min — Yea
Leyva — Yea
Pan — Yea
Hertzberg — Nay
Wilk — Nay
Bates — Nay
Portantino — Nay
Newman — Not Voting
Kamlager — Not Voting
Nielsen — Not Voting
Melendez — Not Voting
Allen, Benjamin Democratic Nay
Archuleta, Bob Democratic Yea
Becker, Josh Democratic Not Voting
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 Nay
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Ochoa Bogh, Rosilicie Republican Nay

Official roll call →

Do pass

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 as amended, but first amend, and re-refer to the Committee on [Governance and Finance]

Passed 7 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Democratic 4001
Unaffiliated 2100
Republican 1000
Total 7101
% of votes cast 78%11%0%11%
How each member voted (9)
Member Party Vote
Skinner — Yea
Wieckowski — Yea
Bates — Nay
Caballero, Anna M. Democratic Yea
Cortese, Dave Democratic Yea
McGuire, Mike Democratic Yea
Umberg, Thomas J. Democratic Not Voting
Wiener, Scott D. Democratic Yea
Ochoa Bogh, Rosilicie Republican Yea

Official roll call →

Subjects

housing
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Frequently asked questions

What does SB 10 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. 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.
Who sponsors SB 10?
SB 10 is sponsored by Wiener, Scott D. (Democratic), Atkins, Caballero, Anna M. (Democratic), Skinner, Rivas, Robert (Democratic), and Wicks, Buffy (Democratic).
What is the current status of SB 10?
This bill has been enacted into law. Introduced December 07, 2020. Enacted.
Where can I track SB 10?
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