Research on New State Laws Affecting Land Use and Zoning
/SB 330 passed in 2019 - 1) nullified a city’s ability to put any annual numerical growth limit. Gilroy can no longer use its 20+ year old Residential Development Ordinance that limited our growth numbers.
2) it gives early vested interest rights. Note this law was supposed to sunset in 2025 but was extended to 2034 by SB 8 last year.
SB 35 passed in 2017- mixed-use projects with a 20% affordable component and other affordable projects can qualify for streamlined approvals and are exempt from the California Environmental Quality Act if they meet a city’s Objective Standards. These projects do not have to go through the normal approval process of Planning Commission and City Council hearings and no public input.
SB 9- passed a few months ago - allows a single-family lot to be split in half and either a single family home or a duplex could be built on each half. Does not affect historic sites or rent-controlled dwellings, they must meet Objective Standards, cannot be used for short-term rentals. No new parking would be required if they are in 1/2 mile of a major public transit stop. No requirement that the new homes be affordable.
SB 10 - passed a few months ago - makes it easy to rezone neighborhoods near mass transit to increase density to up to 10 units (possibly 14 with density bonus) PER PROPERTY. Can bypass CEQA to fast track and NO requirement to be affordable. And the most egregious - allows voter-approved initiatives to be overturned by a 2/3 vote of a city council. The following is copied from the bill text : “ If the ordinance supersedes any zoning restriction established by a local initiative, the ordinance shall only take effect if adopted by a two-thirds vote of the members of the legislative body.” Note: I am not sure this would affect Gilroy’s Measure H as it is not a “zoning” initiative, it is a boundary initiative.
SB 290 -2021 - no parking requirements for affordable housing
AB 720 - housing developments that have CC & Rs that limit residential development will be unenforceable against affordable housing projects.
AB 1584- nullifies CC & Rs that limit Accessory Dwelling units on a single-family lot.
AB 602 - impact fees to be based on square foot of residence and need a Nexus plan in place. (Gilroy’s fees have been based on unit of housing -each house or apartment counts as a unit).
AB 571 passed Sept. 2021 - prohibits imposing impact fees on affordable housing units. Copied from the bill text - This bill would prohibit affordable housing impact fees, including inclusionary zoning fees and in-lieu fees, from being imposed on a housing development’s affordable units.
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.
Carolyn Tognetti