Existing law, the Office to Housing Conversion Act, beginning July 1, 2026, deems an adaptive reuse project a use by right in all zones, regardless of the zoning of the site, and subject to a streamlined, ministerial review process, if the project meets specified requirements. Existing law defines an "adaptive reuse project" as the retrofitting and repurposing of an existing building to create new residential or mixed uses including office conversion projects and excludes from that definition, among other things, the retrofitting and repurposing of any building that is within an industrial zone that does not permit residential uses. Existing law prohibits an adaptive reuse project from being permitted in an industrial zone, as defined, that does not permit residential uses. This bill would revise the above-described prohibition to specify an adaptive reuse project is not permitted on a site where the existing primary use is classified as a high-hazard (Group H) occupancy under Title 24 of the California Code of Regulations, as it read on January 1, 2025. The bill would also revise the definition of an "adaptive reuse project" to exclude the retrofitting and repurposing of any building whose primary existing use is a high-hazard (Group H) occupancy under Title 24 of the California Code of Regulations, as it read on January 1, 2025. By expanding eligibility for streamlined, ministerial review of adaptive reuse projects, and therefore expanding the duties of the local government, 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.
The Planning and Zoning Law requires a city or county to adopt a general plan for land use development of the city or county that includes, among other elements, a housing element. That law requires the housing element to include, among other things, an identification and analysis of existing and projected housing needs. That law requires the city or county to provide by April 1 of each year an annual report to, among other entities, the Department of Housing and Community Development that includes, among other specified information, the number of units of housing demolished and new units of housing that have been issued a completed entitlement, a building permit, or a certificate of occupancy. This bill would additionally require the city or county to include in the annual report the number of suite-style student housing quarters, as determined by the department. By requiring a city or county to include additional information in the annual report, the 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. 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 Planning and Zoning Law requires each planning agency to prepare and the legislative body of each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city, and specified land outside its boundaries, that contains specified mandatory elements, including an environmental justice element, or related goals, policies, and objectives integrated in other elements, that identifies disadvantaged communities, as defined, within the area covered by the general plan of the city, county, or city and county, if the city, county, or city and county has a disadvantaged community, as specified. The law requires a city, county, or city and county subject to these provisions to adopt or review the environmental justice element, or the environmental justice goals, policies, and objectives in other elements, upon the adoption of the next revision of two or more elements concurrently on or after January 1, 2018. This bill would require a city, county, or city and county to meaningfully involve disadvantaged communities in the development, adoption, and implementation of the environmental justice element, or the related goals, policies, and objectives integrated in other elements, using methods that are designed to effectively involve disadvantaged communities based on local conditions and circumstances, as specified. The bill would require a city, county, or city and county subject to these provisions to adopt or review the environmental justice element, or the environmental justice goals, policies, and objectives in other elements, upon the earliest of the adoption or next revision of two or more elements concurrently on or after January 1, 2018, or June 30, 2031, except as specified. By increasing the duties on local governments, 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.
Existing law, the Office to Housing Conversion Act, starting July 1, 2026, deems an adaptive reuse project, as defined, a use by right in all zones, regardless of the zoning of the site, and subject to a streamlined, ministerial review process, if the project meets specified requirements. Existing law authorizes a local government to adopt an ordinance implementing the act and specifying the process and requirements applicable to adaptive reuse projects. If a local agency does not adopt an above-described ordinance, existing law requires the local agency to ministerially, without discretionary review, approve or disapprove applications for a permit to create or serve an adaptive reuse project, as specified. Existing law, the authorizes a city or county, or city and county, commencing in the 2026–27 fiscal year, to establish an adaptive reuse investment incentive program. If a city or county, or city and county, establishes that program, existing law requires, upon approval of the governing body, the city or county, or city and county, to pay adaptive reuse investment incentive funds to the proponent of a qualified adaptive reuse project property, approved pursuant to the streamlined, ministerial process described above, to subsidize the affordable housing required under the Office to Housing Conversion Act, as specified. Existing law defines "qualified adaptive reuse project property" to mean an adaptive reuse project proposed pursuant to the Office to Housing Conversion Act that is located within the city or county. This bill would expand the definition of qualified adaptive reuse project property to include adaptive reuse projects that fall under the Office to Housing Conversion Act regardless of compliance with affordability criteria or labor standards specified in that Act, thereby expanding payment of adaptive reuse investment incentive funds to certain adaptive reuse projects that do not have the requisite affordability or labor standards as specified in the Act, as provided. The bill would also expand the requirement on those cities, counties, and cities and counties to pay adaptive reuse investment incentive funds to the proponent to, in addition to subsidizing affordable housing units, subsidize the project's housing units. Existing law authorizes a city or special district to pay to the city or county, or city and county, an amount equal to the amount of ad valorem property tax revenue allocated to that city or special district, but not the actual allocation, derived from the taxation of that portion of the total assessed value of that real property that is in excess of the property's valuation at the time of the proponent's initial request for funding, for the purpose of subsidizing the affordable housing units required pursuant to the Office to Housing Conversion Act. This bill would expand the authorization for a city or special district to pay to the city or county, or city and county, as described above, for the purpose of subsidizing the project's housing units.
Under the Planning and Zoning Law, the legislative body of a city or county may adopt ordinances that, among other things, regulate the use of buildings, structures, and land, as provided. 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. Existing law requires a local agency to consider ministerially a proposed housing development containing no more than 2 residential units within a single-family residential zone, without discretionary review or a hearing, if the proposed housing development meets specified requirements. Existing law requires a local agency to ministerially approve a parcel map for an urban lot split if the parcel meets specified requirements. This bill would require that an application for a proposed housing development containing no more than 2 residential units within a single-family residential zone, as described above, be eligible for concurrent processing with an application for a parcel map for an urban lot split, as provided. The bill would authorize a local agency to condition issuance of building permits, grading permits, or certificates of occupancy for a proposed housing development upon the applicant first obtaining approval and recording a parcel map for eligible parcels pursuant to the above-described urban lot split provisions. The bill would specify that a "parcel map" for purposes of these provisions means a parcel map prepared in accordance with specified provisions of the Subdivision Map Act and may include a condominium plan if proposed by the subdivider, as specified. Existing law authorizes a development proponent to submit an application for a housing development project on a subdivided lot, as specified, that meets specified requirements, and requires a local agency to ministerially consider that application, as specified. Existing law requires a local agency to issue a building permit for one or more residential units on a lot proposed to be subdivided, as specified, if the applicant for the permit meets prescribed requirements. Existing law requires a local agency to ministerially consider, without discretionary review or a hearing, a parcel map or a tentative and final map for a housing development project that meets specified requirements, including that the proposed subdivision will result in 10 or fewer parcels and the housing development project on the lot proposed to be subdivided will contain 10 or fewer residential units, except as provided. This bill would require an application for a housing development project on a subdivided lot or an application for a building permit for one or more residential units on a lot proposed to be subdivided, as described above, to be eligible for concurrent processing with an application for a parcel map or a tentative and final map under the above-described subdivision provisions, as provided. The bill would authorize a local agency to condition issuance of building permits, grading permits, or certificates of occupancy for a proposed housing development under these provisions upon the applicant first obtaining approval and recording a parcel map for eligible parcels pursuant to the above-described subdivision provisions. This bill would incorporate additional changes to Section 65852.28 of the Government Code proposed by SB 1090 and SB 1116 to be operative only if this bill and either or both SB 1090 and SB 1116 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 66411.7 of the Government Code proposed by AB 2005 to be operative only if this bill and AB 2005 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 66499.41 of the Government Code proposed by SB 1090 and SB 1116 to be operative only if this bill and either or both SB 1090 and SB 1116 are enacted and this bill is enacted last.
The Planning and Zoning Law requires each county and each city to adopt a comprehensive, long-term general plan for the physical development of that county or city, and specified land outside its boundaries, that includes, among other specified mandatory elements, a housing element. For the 4th and subsequent revisions of the housing element, existing law requires the Department of Housing and Community Development to determine the existing and projected regional housing need, as provided, and requires the appropriate council of governments, or for cities and counties without a council of governments, the department, to adopt a final regional housing need plan allocating a share of the regional housing need to each Existing"?> city or county, as provided. Existing law requires the housing element to include an analysis of any special housing needs, including, among others, families and persons in need of emergency shelter. Existing law requires a city or county to provide by April 1 of each year an annual report to, among other entities, the department that includes, among other things, the city's or county's progress in meeting its share of regional housing needs, as specified, and number of units approved and disapproved in the prior year. The bill would authorize a city or county that met or exceeded its need for emergency shelter capacity and that provides committed support for interim housing, as defined, to report the number of interim housing units receiving that support that are approved, as specified, as units approved or disapproved for acutely low income households, for purposes of the annual progress report. The bill would require the department to allow approved interim housing units to account for up to 50% of the city's or county's share of the regional need for housing for acutely low income households, as specified. Existing law requires the department to publish, by December 31, 2026, advisory guidance, including, but not limited to, sample analyses and programs, pertaining to special housing needs for acutely low and extremely low income households and programs to assist in the development of adequate housing to meet the needs of acutely low income households, as specified. This bill would require the guidance to include advice regarding the impact of the above-described requirements regarding interim housing and pertaining to acutely low and extremely low income households, specifically how interim housing, as defined, that does not meet the United States Census Bureau guidelines definition of a "housing unit" may be reported in the annual progress report.
Existing law, the Planning and Zoning Law, requires each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city, which includes, among other mandatory elements, a housing element. Existing law requires the department, in consultation with the council of governments, to determine the existing and projected need of housing for each region, as provided. Existing law requires the council of governments or delegate subregion, as applicable, to adopt a final regional housing needs plan that allocates a share of the regional housing need to each city, county, or city and county. Existing law requires each council of governments and delegate subregion to distribute a draft allocation of regional housing needs to each local government in the region or subregion. Existing law authorizes a local government within the region or the delegate subregion or the department to appeal to the council of governments or the delegate subregion for a revision of the share of the regional housing need proposed to be allocated to one or more local governments, as specified. Existing law requires the council of governments or the delegate subregion to make a final determination that either accepts, rejects, or modifies each appeal, as provided. This bill would provide that the final determination by the council of governments or the delegate subregion is subject to judicial review, as specified.
The Planning and Zoning law requires each planning agency to prepare and the legislative body of each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city that includes specified elements, including a housing element. The law requires the Department of Housing and Community Development to designate jurisdictions as prohousing, as specified. The law requires that jurisdictions that have adopted a housing element that has been found by the department to be in substantial compliance with specified requirements and that have been designated as prohousing based on their adoption of prohousing local policies, as defined, be awarded additional points or preference in the scoring of program applications for certain programs. Existing law authorizes the legislative body of a city or county to designate a proposed enhanced infrastructure financing district to finance public capital facilities or other specified projects of communitywide significance that provide significant benefits to the district or the surrounding community, including, among other things, the acquisition, construction, or rehabilitation of housing for persons of very low, low, and moderate income for rent or purchase, as specified. Existing law authorizes an infrastructure financing plan to contain a provision for the division of taxes levied upon taxable property in the area included within the district, and authorizes the public financing authority of the district to issue bonds, as provided. This bill would authorize a city or county that is designated as prohousing to establish a prohousing enhanced infrastructure financing district if certain requirements are met, as specified. The bill would prescribe requirements applicable to those districts. The bill would expand the definition of "prohousing local policies" for purposes of the above-described provisions to include the establishment of one of these districts, and would require that the jurisdiction that established, and projects located within, a district receive enhanced points or preference than the baseline provided to other prohousing jurisdictions.
Existing law, the Planning and Zoning Law, contains various provisions requiring a local government that receives an application for certain types of qualified housing developments to review the application under a streamlined, ministerial approval process, depending on the type of housing development, as specified. Existing law, 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 thereof. The act generally requires a subdivider to file a tentative map or vesting tentative map with the local agency, as specified, and the local agency, in turn, to approve, conditionally approve, or disapprove the map within a specified time period. Existing law, known as the Starter Home Revitalization Act of 2021, among other things, requires a local agency to ministerially consider, without discretionary review or a hearing, a parcel map or a tentative and final map for a housing development project that meets certain requirements, including that the housing development project on the lot proposed to be subdivided will contain 10 or fewer residential units, except as provided. 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 also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment. CEQA does not apply to the approval of ministerial projects. This bill, the Missing Middle Townhome Ownership Act, would authorize a development proponent to submit an application for a townhome development project that is subject to a prescribed ministerial approval process if the development complies with certain procedural requirements and satisfies specified objective planning standards. The bill would also require a local agency to ministerially consider, without discretionary review or a hearing, a tentative and final map for a townhome development project that meets specified requirements, including that the proposed subdivision complies with the requirements established by the bill for ministerial approval of a townhome development project, as described in the preceding sentence, and that the newly created parcels are no smaller than 600 square feet. The act would define "townhome" for these purposes to mean a single-family dwelling unit that is less than or equal to 3 stories of occupiable square footage and either shares a common wall, as specified, or is separated from one or more neighboring units by no more than a specified fire separation distance, and would define "townhome development project" to mean a housing development project that consists entirely of residential units that satisfy this definition of townhome and meets prescribed density requirements, size requirements, and unit limits. The bill would authorize a local agency to disapprove a townhome development project, or deny the issuance of a tentative map or a final map for a townhome development project, allowed under the bill's provisions if it makes written findings based upon a preponderance of the evidence that the proposed townhome development project would have a specific, adverse impact, as provided in specified law, upon public health and safety and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. The bill would authorize a local agency to adopt an ordinance to implement its provisions and would provide that the adoption of such an ordinance is not a project under CEQA. By establishing new ministerial approval processes relating to townhome development projects, as described above, this bill would expand the scope of the exemption from CEQA for ministerial projects. Further, by adding to the duties of local officials with respect to the review and approval of townhome development projects, the bill would impose a state-mandated local program. This bill would exempt the City and County of San Francisco from its provisions. The bill would make legislative findings and declarations as to the necessity of a special statute for the City and County of San Francisco. 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, except as provided. 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.
Existing law makes void and unenforceable any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in real property that effectively prohibits or restricts certain land uses, including the installation or use of a solar energy system or construction or use of an accessory dwelling unit or junior accessory dwelling unit on certain lots. Existing law authorizes a person who holds or is acquiring an ownership interest of record in property that the person believes is the subject of an unlawfully restrictive covenant, as specified, to record a restrictive covenant modification document. Before recording the document, existing law requires the county recorder to submit the modification document and the original document to the county counsel, who is required to determine whether the original document contains an unlawful restriction. This bill would make void and unenforceable against an interested party any covenant, restriction, or condition contained in any deed, contract, security instrument, lease, or other recorded or unrecorded instrument affecting the transfer or sale of any interest in real property that effectively prohibits or restricts the use of that property as a grocery store or supermarket, as defined, if a grocery store or supermarket either previously operated on the property and has ceased operations or is no longer in actual operation within a commercial project or shopping center and an approved restrictive covenant modification document has been recorded in the public record. The bill would entitle an interested party, as defined, to establish that an existing restrictive covenant is unenforceable by submitting a restrictive covenant modification document to the county recorder, in accordance with certain procedures, to allow the grocery store or supermarket development to proceed. The bill would prohibit a person or entity, beginning on January 1, 2027, from creating or recording any covenant, restriction, or condition contained in any deed, contract, security instrument, lease, or other recorded or unrecorded instrument affecting the transfer or sale of any interest in real property that effectively prohibits or restricts the use of that property as a grocery store or supermarket if a grocery store or supermarket either previously operated on the property and has ceased operations or is no longer in actual operation within a commercial project or shopping center, except as prescribed. By imposing additional duties on county officials, this bill would impose a state-mandated local program. The bill would include findings and declarations relating to these provisions. 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.
