Bill Text: CA AB1218 | 2023-2024 | Regular Session | Amended
Bill Title: Development projects: demolition of residential dwelling units.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2023-10-11 - Chaptered by Secretary of State - Chapter 754, Statutes of 2023. [AB1218 Detail]
Download: California-2023-AB1218-Amended.html
Amended
IN
Assembly
March 09, 2023 |
Introduced by Assembly Member Lowenthal |
February 16, 2023 |
LEGISLATIVE COUNSEL'S DIGEST
Existing law, the Housing Crisis Act of 2019, prohibits an affected county or affected city, as defined, from enacting a development policy, standard, or condition that would change the general plan land use designation, specific plan land use designation, or zoning of a parcel or parcels of property to a less intensive use below what was allowed under the land use designation and zoning ordinances of the affected county or affected city in effect on January 1, 2018. The act does not prohibit an affected county or an affected city from changing a land use designation or zoning ordinance to a less intensive use if the city or county concurrently changes the development standards, policies, and conditions applicable to other parcels within the jurisdiction to ensure that there is no net loss in residential capacity.
This bill would make
nonsubstantive changes to those provisions.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 65585 of the Government Code is amended to read:65585.
(a) In the preparation of its housing element, each city and county shall consider the guidelines adopted by the department pursuant to Section 50459 of the Health and Safety Code. Those guidelines shall be advisory to each city or county in the preparation of its housing element.(6)
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SEC. 2.
Section 65912.114 of the Government Code is amended to read:65912.114.
(a) (1) If the local government determines that a development submitted pursuant to this article is consistent with the objective planning standards specified in this article, it shall approve the development.SEC. 3.
Section 65912.124 of the Government Code is amended to read:65912.124.
(a) (1) If the local government determines that a development submitted pursuant to this article is consistent with the objective planning standards specified in this article, it shall approve the development.SEC. 4.
Section 65940 of the Government Code, as amended by Section 4 of Chapter 161 of the Statutes of 2021, is amended to read:65940.
(a) (1) Each public agency shall compile one or more lists that shall specify in detail the information that will be required from any applicant for a development project. Each public agency shall revise the list of information required from an applicant to include a certification of compliance with Section 65962.5, and the statement of application required by Section 65943. Copies of the information, including the statement of application required by Section 65943, shall be made available to all applicants for development projects and to any person who requests the information.SECTION 1.SEC. 5.
Section 66300 of the Government Code is amended to read:66300.
(a) As used in this(d)Notwithstanding any other provision of this section and notwithstanding local density requirements, both of the following shall apply:
(1)An affected city or an affected county shall not approve a housing development project that will require the demolition of one or more residential dwelling units unless the project will create at least as many residential dwelling units as will be demolished.
(2)An affected city or an affected county shall not approve a housing development project that will require the demolition of occupied or vacant protected units, unless all of the following apply:
(A)(i)The project will replace all existing or demolished protected units.
(ii)Any protected units replaced pursuant to this subparagraph shall be considered in determining whether the housing development project satisfies the requirements of Section 65915 or a locally adopted requirement that requires, as a condition of the development of residential rental units, that the project provide a certain percentage of residential rental units affordable to, and occupied by, households with incomes that do not exceed the limits for moderate-income, lower income, very low income, or extremely low income households, as specified in Sections 50079.5, 50093, 50105, and 50106 of the Health and Safety Code.
(B)The housing development project will include at least as many residential dwelling units as the greatest number of residential dwelling units that existed on the project site within the last five years.
(C)(i)Any existing occupants will be allowed to occupy their units until six months before the start of construction activities with proper notice, subject to Chapter 16 (commencing with Section 7260) of Division 7 of Title 1.
(ii)Any existing occupants that are required to leave their units shall be allowed to return at their prior rental rate if the demolition does not proceed and the property is returned to the rental market.
(D)The developer agrees to provide both of the following to the existing occupants of any protected units that are lower income households:
(i)Relocation benefits to the occupants of those affordable residential rental units, subject to Chapter 16 (commencing with Section 7260) of Division 7 of Title 1.
(ii)A right of first refusal for a comparable unit available in the new housing development affordable to the household at an affordable rent or an affordable housing cost. This clause shall not apply to any of the following:
(I)A development project that consists of a single residential unit located on a site where a single protected unit is being demolished.
(II)(ia)Units in a housing development in which 100 percent of the units, exclusive of a manager’s unit or units, are reserved for lower income households.
(ib)Notwithstanding sub-subclause (ia), clause (ii) shall apply to protected units occupied by an occupant who qualifies for residence in the new development and for whom providing a comparable unit would not be precluded due to unit size limitations or other requirements of one or more funding source of the housing development.
(iii)(I)For purposes of complying with clause (ii), if one or more single-family homes that qualify as protected units are being replaced in a development project that consists of two or more units, “comparable unit” means either of the following, as applicable:
(ia)A unit containing the same number of bedrooms if the single-family home contains three or fewer bedrooms.
(ib)A unit containing three bedrooms if the single-family home contains four or more bedrooms.
(II)For purposes of this clause, a comparable unit is not required to have the same or similar square footage or the same number of total rooms.
(iv)This subparagraph does not apply to an occupant of a short-term rental that is rented for a period of fewer than 30 days.
(E)This paragraph does not confer additional legal protections upon an unlawful occupant of a protected unit.
(F)For purposes of this paragraph:
(i)“Affordable housing cost” has the same meaning as defined in Section 50052.5 of the Health and Safety Code.
(ii)“Affordable rent” has the same meaning as defined in Section 50053 of the Health and Safety Code.
(iii)“Equivalent size” means that the replacement units contain at least the same total number of bedrooms as the units being replaced.
(iv)“Persons and families of low or moderate income” has the same meaning as defined in Section 50093 of the Health and Safety Code.
(v)“Lower income households” has the same meaning as defined in Section 50079.5 of the Health and Safety Code.
(vi)“Protected units” means any of the following:
(I)Residential dwelling units that are or were subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income within the past five years.
(II)Residential dwelling units that are or were subject to any form of rent or price control through a public entity’s valid exercise of its police power within the past five years.
(III)Residential dwelling units that are or were rented by lower or very low income households within the past five years.
(IV)Residential dwelling units that were withdrawn from rent or lease in accordance with Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 within the past 10 years.
(vii)(I)“Replace” shall have the same meaning as provided in subparagraphs (B) and (C) of paragraph (3) of subdivision (c) of Section 65915.
(II)Notwithstanding subclause (I), for purposes of a development project that consists of a single residential unit on a site with a single protected unit, “replace” shall mean that the protected unit is replaced with a unit of any size at any income level.
(3)This subdivision shall not supersede any objective provision of a locally adopted ordinance that places restrictions on the demolition of residential dwelling units or the subdivision of residential rental units that are more protective of lower income households, requires the provision of a greater number of units affordable to lower income households, or that requires greater relocation assistance to displaced households.
(4)This subdivision shall only apply to a housing development project that submits a complete application pursuant to Section 65943 on or after January 1, 2020.
(5)This subdivision shall not apply to a housing development project for which an application was submitted after January 1, 2019, but prior to January 1, 2020, in a jurisdiction with a population of under 31,000 as of the 2020 United States Census that has a rent or price control ordinance.
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