SB 6 - The Neighborhood Homes Act (AKA Dead Malls to Housing) - Part 1
SB 6 is one more in the barrage of bills aiming to increase housing production and end local control over zoning in California. This one is as long and complicated as the others. If we want to make housing fair and accessible to all, drafting simple straightforward laws would be a great place to start. Due to the length and complexity of the bill, I’m breaking this post down into three parts so it’s easier to digest.
Part One gives a broad overview of the bill and discusses the interplay between SB 6 and the housing element in local general plans. Part Two gets into the Housing Accountability Act and SB 35. Part Three concludes with questions about SB 6 “exemptions” and replacement properties, the burden of determining which properties have been 50% occupied, and thoughts from supporters and opponents.
OVERVIEW
SB 6, known as the Neighborhood Homes Act, would establish housing as an allowable use on any parcel zoned for office or retail uses. Put simply, this bill aims to make it easier to convert dead malls into housing. Instead of having to undergo a rezone and general plan amendment process, this bill would allow qualifying projects to move through a “quick” ministerial approval process.
Technically, SB 6 would amend Section 65913.4 (the part of SB 35 that provides streamlined, ministerial approval processes for certain housing developments) and add Section 65852.23 (making housing an allowable use on “neighborhood lots”) to the Government Code.
SB 6 is similar to failed SB 1385, with the following changes: (1) requires projects to include affordable housing and use a “skilled and trained workforce”, (2) limits mixed use projects to no more than 50% commercial, and (3) exempts parcels adjacent to an industrial use.
“NEIGHBORHOOD LOT” DEFINED
Neighborhood lot is defined in the bill as “a parcel within an office or retail commercial zone that is not adjacent to an industrial use.” (Proposed Gov. Code 65852.23(h)(3)).
HOUSING IS AN ALLOWED USE ON “NEIGHBORHOOD LOTS ”
California’s Planning and Zoning Law currently requires each county and city to adopt a general plan for development that includes a housing element. The housing element must include an inventory of land suitable and available for residential development. If the inventory does not identify adequate sites to accommodate the need for groups of all income categories, existing law requires the local government to rezone sites within specified time periods.
The rezoning must accommodate 100% of the need for housing for very low (0-50% of AMI) and low-income (51-80% of AMI) households on sites that will be zoned to permit owner-occupied and rental multifamily residential use by right for specified developments.
SB 6 would deem certain housing development projects an allowable use on a “neighborhood lot” without a local government having to rezone the property or amend the General Plan.
SB 6 would require the density for a qualifying housing development to meet or exceed the density deemed appropriate to accommodate housing for lower income households according to the type of jurisdiction, including a density of at least 20 units per acre for a suburban jurisdiction. (See Proposed Gov Code section 65852.23(b)(1)(A)(iii)).
SB 6 would provide that a qualifying housing development is subject to the local zoning, parking, design, and other local requirements applicable to the processing and permitting of a housing development in a zone with the same density. (See Proposed Gov Code 65852.23 (b)(2)(A)).
SB6 would also require that a housing development under these provisions comply with public notice, comment, hearing, or other procedures applicable to a housing development in a zone with the applicable density. (See Proposed Gov Code 65852.23(b)(3)).
Stay tuned for Part Two.
