SB 9 — Housing development: approvals.

Summary

The Planning and Zoning Law provides for the creation of accessory dwelling units by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards and conditions. This bill, among other things, would require a proposed housing development containing no more than 2 residential units within a single-family residential zone to be considered ministerially, without discretionary review or hearing, if the proposed housing development meets certain requirements, including, but not limited to, that the proposed housing development would not require demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income, that the proposed housing development does not allow for the demolition of more than 25% of the existing exterior structural walls, except as provided, and that the development is not located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district. The bill would set forth what a local agency can and cannot require in approving the construction of 2 residential units, including, but not limited to, authorizing a local agency to impose objective zoning standards, objective subdivision standards, and objective design standards, as defined, unless those standards would have the effect of physically precluding the construction of up to 2 units or physically precluding either of the 2 units from being at least 800 square feet in floor area, prohibiting the imposition of setback requirements under certain circumstances, and setting maximum setback requirements under all other circumstances. The Subdivision Map Act vests the authority to regulate and control the design and improvement of subdivisions in the legislative body of a local agency and sets forth procedures governing the local agency's processing, approval, conditional approval or disapproval, and filing of tentative, final, and parcel maps, and the modification of those maps. Under the Subdivision Map Act, an approved or conditionally approved tentative map expires 24 months after its approval or conditional approval or after any additional period of time as prescribed by local ordinance, not to exceed an additional 12 months, except as provided. This bill, among other things, would require a local agency to ministerially approve a parcel map for an urban lot split that meets certain requirements, including, but not limited to, that the urban lot split would not require the demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income, that the parcel is located within a single-family residential zone, and that the parcel is not located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district. The bill would set forth what a local agency can and cannot require in approving an urban lot split, including, but not limited to, authorizing a local agency to impose objective zoning standards, objective subdivision standards, and objective design standards, as defined, unless those standards would have the effect of physically precluding the construction of 2 units, as defined, on either of the resulting parcels or physically precluding either of the 2 units from being at least 800 square feet in floor area, prohibiting the imposition of setback requirements under certain circumstances, and setting maximum setback requirements under all other circumstances. The bill would require an applicant to sign an affidavit stating that they intend to occupy one of the housing units as their principal residence for a minimum of 3 years from the date of the approval of the urban lot split, unless the applicant is a community land trust or a qualified nonprofit corporation, as specified. The bill would prohibit a local agency from imposing any additional owner occupancy standards on applicants. By requiring applicants to sign affidavits, thereby expanding the crime of perjury, the bill would impose a state-mandated local program. The bill would also extend the limit on the additional period that may be provided by ordinance, as described above, from 12 months to 24 months and would make other conforming or nonsubstantive changes. The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment. CEQA does not apply to the approval of ministerial projects. This bill, by establishing the ministerial review processes described above, would thereby exempt the approval of projects subject to those processes from CEQA. The California Coastal Act of 1976 provides for the planning and regulation of development, under a coastal development permit process, within the coastal zone, as defined, that shall be based on various coastal resources planning and management policies set forth in the act. This bill would exempt a local agency from being required to hold public hearings for coastal development permit applications for housing developments and urban lot splits pursuant to the above provisions. By increasing the duties of local agencies with respect to land use regulations, the bill would impose a state-mandated local program. 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. 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 09/16/21 - Chaptered Current pdf September 16, 2021
• Enrolled 09/01/21 - Enrolled pdf September 01, 2021
• Amended 08/16/21 - Amended Assembly pdf August 16, 2021
• Amended 04/27/21 - Amended Senate pdf April 27, 2021
• Amended 04/05/21 - Amended Senate pdf April 05, 2021
• Introduced 12/07/20 - Introduced pdf December 07, 2020
• SB9 View text html

Action History

1. September 16, 2021

   Chaptered by Secretary of State. Chapter 162, Statutes of 2021.

2. September 16, 2021

   Approved by the Governor.

3. September 03, 2021

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

4. August 30, 2021

   Assembly amendments concurred in. (Ayes 28. Noes 7. Page 2213.) Ordered to engrossing and enrolling.

5. August 26, 2021

   In Senate. Concurrence in Assembly amendments pending.

6. August 26, 2021

   Read third time. Passed. (Ayes 45. Noes 19. Page 2516.) Ordered to the Senate.

7. August 23, 2021

   Read second time. Ordered to third reading.

8. August 19, 2021

   From committee: Do pass. (Ayes 12. Noes 1.) (August 19).

9. August 16, 2021

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

10. June 23, 2021

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (June 22). Re-referred to Com. on APPR.

11. June 10, 2021

    From committee: Do pass and re-refer to Com. on H. & C.D. (Ayes 5. Noes 1.) (June 9). Re-referred to Com. on H. & C.D.

12. June 03, 2021

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

13. May 26, 2021

    In Assembly. Read first time. Held at Desk.

14. May 26, 2021

    Read third time. Passed. (Ayes 28. Noes 6. Page 1257.) Ordered to the Assembly.

15. May 20, 2021

    Read second time. Ordered to third reading.

16. May 20, 2021

    From committee: Do pass. (Ayes 5. Noes 2. Page 1178.) (May 20).

17. May 14, 2021

    Set for hearing May 20.

18. May 10, 2021

    May 10 hearing: Placed on APPR suspense file.

19. April 30, 2021

    Set for hearing May 10.

20. April 27, 2021

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

21. April 26, 2021

    From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 0. Page 895.) (April 22).

22. April 16, 2021

    Set for hearing April 22.

23. April 15, 2021

    From committee: Do pass and re-refer to Com. on GOV. & F. (Ayes 7. Noes 2. Page 814.) (April 15). Re-referred to Com. on GOV. & F.

24. April 06, 2021

    Set for hearing April 15.

25. April 05, 2021

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

26. March 03, 2021

    March 18 set for first hearing canceled at the request of author.

27. February 24, 2021

    Set for hearing March 18.

28. January 28, 2021

    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.

29. January 28, 2021

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

30. December 08, 2020

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

31. December 07, 2020

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

Sponsors

• Atkins · Primary
• Anna M. Caballero · Cosponsor
• Scott D. Wiener · Cosponsor
• Dave Cortese · Cosponsor
• Mike McGuire · Cosponsor
• Robert Rivas · Cosponsor
• Buffy Wicks · Cosponsor
• Susan Rubio · Cosponsor
• Lena A. Gonzalez · Cosponsor

Votes

Subjects