SB 1120

  • California Senate Bill
  • 2019-2020 Regular Session
  • Introduced in Senate Feb 19, 2020
  • Passed Senate Jun 24, 2020
  • Passed Assembly Aug 31, 2020
  • Governor

Subdivisions: tentative maps.

Abstract

The Planning and Zoning Law provides for the creation of accessory dwelling units by local ordinance, or, if a local agency has not adopted an ordinance, by ministerial approval, in accordance with specified standards and conditions. This bill, among other things, would require a proposed housing development containing 2 residential units within a single-family residential zone to be considered ministerially, without discretionary review or hearing, if the proposed housing development meets certain requirements, including, but not limited to, that the proposed housing development would not require demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income, that the proposed housing development does not allow for the demolition of more than 25% of the existing exterior structural walls, except as provided, and that the development is not located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district. The bill would set forth what a local agency can and cannot require in approving the construction of 2 residential units, including, but not limited to, authorizing a city or county to impose objective zoning standards, objective subdivision standards, and objective design standards, as defined, unless those standards would have the effect of physically precluding the construction of up to 2 units, prohibiting the imposition of setback requirements under certain circumstances, and setting maximum setback requirements under all other circumstances. 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 of those maps. Under the Subdivision Map Act, an approved or conditionally approved tentative map expires 24 months after its approval or conditional approval or after any additional period of time as prescribed by local ordinance, not to exceed an additional 12 months, except as provided. This bill, among other things, would require a city or county to ministerially approve a parcel map or tentative and final map for an urban lot split that meets certain requirements, including, but not limited to, that the urban lot split would not require the demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income, that the parcel is located within a residential zone, and that the parcel is not located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district. The bill would set forth what a local agency can and cannot require in approving an urban lot split, including, but not limited to, authorizing a city or county to impose objective zoning standards, objective subdivision standards, and objective design standards, as defined, unless those standards would have the effect of physically precluding the construction of 2 units on either of the resulting parcels, prohibiting the imposition of setback requirements under certain circumstances, and setting maximum setback requirements under all other circumstances. The bill would also extend the limit on the additional period that may be provided by ordinance, as described above, from 12 months to 24 months and would make other conforming or nonsubstantive changes. 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. CEQA does not apply to the approval of ministerial projects. This bill, by establishing the ministerial review processes described above, would thereby exempt the approval of projects subject to those processes from CEQA. By increasing the duties of local agencies with respect to land use regulations, 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.

Bill Sponsors (8)

Votes


Actions


Aug 31, 2020

Assembly

Read third time. Passed. (Ayes 44. Noes 18. Page 5509.) Ordered to the Senate.

Senate

In Senate. Concurrence in Assembly amendments pending.

Aug 24, 2020

Assembly

Read second time. Ordered to third reading.

Aug 20, 2020

Assembly

From committee: Do pass. (Ayes 11. Noes 3.) (August 20).

Aug 18, 2020

Assembly

August 18 set for first hearing. Placed on suspense file.

Aug 12, 2020

Assembly

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

  • Reading-1
  • Reading-2
  • Amendment-Passage
  • Referral-Committee
Com. on APPR.

Aug 11, 2020

Assembly

From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 1.) (August 11).

Jul 27, 2020

Assembly

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

  • Reading-1
  • Reading-2
  • Amendment-Passage
  • Committee-Passage
  • Referral-Committee
Com. on L. GOV.

Jun 29, 2020

Assembly

Referred to Com. on L. GOV.

  • Referral-Committee
Com. on L. GOV.

Jun 24, 2020

Assembly

In Assembly. Read first time. Held at Desk.

Senate

Read third time. Passed. (Ayes 39. Noes 0. Page 3818.) Ordered to the Assembly.

Jun 23, 2020

Senate

Ordered to special consent calendar.

Jun 22, 2020

Senate

Read second time. Ordered to third reading.

Jun 18, 2020

Senate

Read second time and amended. Ordered to second reading.

Senate

From committee: Do pass as amended. (Ayes 7. Noes 0. Page 3769.) (June 18).

Jun 11, 2020

Senate

Set for hearing June 18.

Jun 09, 2020

Senate

June 9 hearing: Placed on APPR. suspense file.

Jun 03, 2020

Senate

Set for hearing June 9.

May 28, 2020

Senate

From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0. Page 3613.) (May 28). Re-referred to Com. on APPR.

  • Committee-Passage-Favorable
  • Committee-Passage
  • Referral-Committee
Com. on APPR.

May 21, 2020

Senate

Set for hearing May 28.

May 20, 2020

Senate

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

  • Reading-1
  • Reading-2
  • Amendment-Passage
  • Committee-Passage
  • Referral-Committee
Com. on GOV. & F.

Feb 27, 2020

Senate

Referred to Com. on GOV. & F.

  • Referral-Committee
Com. on GOV. & F.

Feb 20, 2020

Senate

From printer. May be acted upon on or after March 21.

Feb 19, 2020

Senate

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

Bill Text

Bill Text Versions Format
SB1120 HTML
02/19/20 - Introduced PDF
05/20/20 - Amended Senate PDF
06/18/20 - Amended Senate PDF
07/27/20 - Amended Assembly PDF
08/12/20 - Amended Assembly PDF

Related Documents

Document Format
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Sources

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