Amended  IN  Assembly  April 04, 2024
Amended  IN  Assembly  March 19, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2314

Introduced by Assembly Member Lee

February 12, 2024

An act to add Article 11.1 (commencing with Section 65658) to Chapter 3 of Division 1 of Title 7 of the Government Code, relating to housing.


LEGISLATIVE COUNSEL'S DIGEST


AB 2314, as amended, Lee. Tribal housing developments: use by right: density.
Existing law, the Planning and Zoning Law, authorizes a development proponent to submit an application for a multifamily housing development that is subject to a streamlined, ministerial approval process, as provided, and not subject to a conditional use permit, if the development satisfies specified objective planning standards, including, among others, that the development proponent has committed to record, prior to the issuance of the first building permit, a land use restriction or covenant providing that any lower or moderate-income housing units required remain available at affordable housing costs or rent to persons and families of lower or moderate income, as specified.
This bill would deem a tribal housing development that is located on a site owned in fee simple by the tribe an allowable use if it satisfies specified requirements, including that it is located on an infill lot and it is not located on an environmentally sensitive site, as specified. The bill would define “allowable use” for purposes of these provisions to mean that the development project is a permitted use regardless of zoning designation, as specified. The bill, if the proponent of the tribal housing development is not a federally recognized tribe, would require the development to be situated within a jurisdiction to which the tribe has historical ties. The bill would authorize a tribal housing development subject to these provisions to be eligible for the streamlined, ministerial approval process described above, as specified, and would prohibit a local government from imposing a maximum density requirement on a development subject to these provisions. By imposing additional duties on local officials, 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 a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Article 11.1 (commencing with Section 65658) is added to Chapter 3 of Division 1 of Title 7 of the Government Code, to read:
Article  11.1. Tribal Housing Developments

65658.
 For purposes of this article:
(a) “Allowable use” means that the development project is a permitted use regardless of zoning designation and does not require a conditional use permit or planned unit development permit.
(b) “Housing development project” has the same meaning as in Section 65589.5.
(c) “Local government” means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county.
(d) “Tribal housing development” means a housing development located on a site owned in fee simple by a tribe that is not located within the exterior boundaries of Indian country as defined in Section 1151 of Title 18 of the United States Code (18. U.S.C. Sec. 1151). (18 U.S.C. Sec. 1151).
(e) “Tribe” means a federally recognized Native American tribe or a California Native American tribe that appears on the California Tribal Consultation List maintained by the Native American Heritage Commission. tribe.

65658.1.
 (a) A tribal housing development shall be deemed an allowable use if the proposed housing development satisfies all both of the following requirements:
(1) The housing development is located on a legal parcel that is an infill lot.
(2) The housing development satisfies the requirements specified in paragraph (6) of subdivision (a) of Section 65913.4.

(3)If the proponent of the housing development is not a federally recognized Native American tribe, the proposed housing development shall be situated within a jurisdiction to which the tribe has historical ties.

(b) Notwithstanding any other law, a local government shall not impose any maximum density requirement on a tribal housing development that satisfies the requirements of subdivision (a).

65658.2.
 Notwithstanding any other law, a tribal housing development shall be eligible for the streamlined, ministerial approval process established pursuant to Section 65913.4 if the tribal housing development complies with the requirements of this section and any requirements listed in Section 65913.4 that are not in conflict with this section.

65658.3.
 The Legislature finds and declares that this article addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this article applies to all cities, including charter cities.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.