SB 4 — Planning and zoning: housing development: higher education institutions and religious institutions.

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. That law allows a development proponent to submit an application for a development that is subject to a specified streamlined, ministerial approval process not subject to a conditional use permit, if the development satisfies certain objective planning standards. Existing law, the Zenovich-Moscone-Chacon Housing and Home Finance Act, establishes the California Tax Credit Allocation Committee within the Department of Housing and Community Development. Existing law requires the committee to allocate state low-income housing tax credits in conformity with state and federal law that establishes a maximum rent that may be charged to a tenant for a project unit constructed using low-income housing tax credits. This bill would require that a housing development project be a use by right upon the request of an applicant who submits an application for streamlined approval, on any land owned by an independent institution of higher education or religious institution on or before January 1, 2024, if the development satisfies specified criteria, including that the development is not adjoined to any site where more than one-third of the square footage on the site is dedicated to industrial use. The bill would define various terms for these purposes. Among other things, the bill would require that 100% of the units, exclusive of manager units, in a housing development project eligible for approval as a use by right under these provisions be affordable to lower income households, except that 20% of the units may be for moderate-income households, and 5% of the units may be for staff of the independent institution of higher education or the religious institution that owns the land, provided that the units affordable to lower income households are offered at affordable rent, as set in an amount consistent with the rent limits established by the California Tax Credit Allocation Committee, or affordable housing cost, as specified. The bill would authorize the development to include ancillary uses on the ground floor of the development, as specified. This bill would specify that a housing development project that is eligible for approval as a use by right under the bill is also eligible for a density bonus, incentives, or concessions, or waivers or reductions of development and parking standards, except as specified. The bill would require a development subject to these provisions to provide off-street parking of up to one space per unit, unless a state law or local ordinance provides for a lower standard of parking, in which case the law or ordinance applies. The bill would prohibit a local government from imposing any parking requirement on a development subject to these provisions if the development is located within one-half mile walking distance of public transit, either a high-quality transit corridor or a major transit stop, as those terms are defined, or it is within one block of a car share vehicle. This bill would require a local government that determines a proposed development is in conflict with any objective planning standards, as specified, to provide the developer with written documentation explaining those conflicts under a specified timeframe. The bill would provide that the development shall be deemed to satisfy the required objective planning standards if the local government fails to provide the requisite documentation explaining any conflicts. The bill would authorize a local government to conduct a design review, as described, only if the design review focuses on compliance with the requisite criteria of a streamlined, ministerial review process. The bill would prohibit a local government from using a design review, as specified, from inhibiting, chilling, or precluding a streamlined, ministerial approval. The bill would require a local government to issue a subsequent permit for developments approved under the provisions of this act. 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 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 or to adopt a negative declaration if it finds that the project will not have that effect. CEQA does not apply to the ministerial approval of projects. This bill, by requiring approval of certain development projects as a use by right, would expand the exemption for ministerial approval of projects under CEQA. The bill would repeal its provisions as of January 1, 2036. By adding to the duties of local planning officials with respect to approving certain development projects, 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 a specified reason.

Bill Text

• Chaptered 10/11/23 - Chaptered Current pdf October 11, 2023
• Enrolled 09/13/23 - Enrolled pdf September 13, 2023
• Amended 09/01/23 - Amended Assembly pdf September 01, 2023
• Amended 08/14/23 - Amended Assembly pdf August 14, 2023
• Amended 06/30/23 - Amended Assembly pdf June 30, 2023
• Amended 05/18/23 - Amended Senate pdf May 18, 2023
• Amended 03/28/23 - Amended Senate pdf March 28, 2023
• Amended 02/22/23 - Amended Senate pdf February 22, 2023
• Introduced 12/05/22 - Introduced pdf December 05, 2022
• SB4 View text html

Action History

1. October 11, 2023

   Chaptered by Secretary of State. Chapter 771, Statutes of 2023.

2. October 11, 2023

   Approved by the Governor.

3. September 15, 2023

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

4. September 11, 2023

   Assembly amendments concurred in. (Ayes 32. Noes 2. Page 2596.) Ordered to engrossing and enrolling.

5. September 07, 2023

   In Senate. Concurrence in Assembly amendments pending.

6. September 07, 2023

   Read third time. Passed. (Ayes 73. Noes 1. Page 3008.) Ordered to the Senate.

7. September 05, 2023

   Read second time. Ordered to third reading.

8. September 01, 2023

   Read second time and amended. Ordered to second reading.

9. September 01, 2023

   From committee: Do pass as amended. (Ayes 11. Noes 0.) (September 1).

10. August 23, 2023

    August 23 set for first hearing. Placed on suspense file.

11. August 14, 2023

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

12. July 18, 2023

    From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 9. Noes 1.) (July 10).

13. June 30, 2023

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

14. June 29, 2023

    From committee: Do pass as amended and re-refer to Com. on NAT. RES. (Ayes 6. Noes 0.) (June 28).

15. June 08, 2023

    Referred to Coms. on H. & C.D. and NAT. RES.

16. May 31, 2023

    In Assembly. Read first time. Held at Desk.

17. May 30, 2023

    Read third time. Passed. (Ayes 33. Noes 2. Page 1356.) Ordered to the Assembly.

18. May 22, 2023

    Read second time. Ordered to third reading.

19. May 18, 2023

    Read second time and amended. Ordered to second reading.

20. May 18, 2023

    From committee: Do pass as amended. (Ayes 6. Noes 1. Page 1156.) (May 18).

21. May 16, 2023

    Set for hearing May 18.

22. May 15, 2023

    May 15 hearing: Placed on APPR suspense file.

23. May 05, 2023

    Set for hearing May 15.

24. April 27, 2023

    From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2. Page 937.) (April 26). Re-referred to Com. on APPR.

25. April 13, 2023

    Set for hearing April 26.

26. March 28, 2023

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

27. March 22, 2023

    From committee: Do pass and re-refer to Com. on GOV. & F. (Ayes 9. Noes 1. Page 452.) (March 21). Re-referred to Com. on GOV. & F.

28. March 14, 2023

    Set for hearing March 21.

29. February 22, 2023

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

30. February 01, 2023

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

31. December 06, 2022

    From printer. May be acted upon on or after January 5.

32. December 05, 2022

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

Sponsors

• Scott D. Wiener · Primary
• Marc Berman · Cosponsor
• Tina McKinnor · Cosponsor
• Buffy Wicks · Cosponsor
• Josh Becker · Cosponsor
• Dave Cortese · Cosponsor
• Eggman · Cosponsor
• Lena A. Gonzalez · Cosponsor
• Caroline Menjivar · Cosponsor
• Skinner · Cosponsor
• David Alvarez · Cosponsor
• Friedman · Cosponsor
• Jesse Gabriel · Cosponsor
• Ash Kalra · Cosponsor
• Sharon Quirk-Silva · Cosponsor
• Christopher M. Ward · Cosponsor
• Wendy Carrillo · Cosponsor

Votes

Subjects