MODEL LEGISLATION

SENATE BILL No. [XX]

An act to add Section [XXXX] to the Government Code, relating to land use and zoning in disaster recovery zones, and declaring the urgency thereof, to take effect immediately.

LEGISLATIVE SUMMARY

SB [XX]. Land use: zoning: density mandates: disaster recovery zones.

Existing law requires cities and counties to approve certain proposed new multifamily residential developments ministerially and by right, if those proposed developments meet certain criteria. Existing law incentivizes private real estate developers to build multifamily housing, by allowing things like small lot subdivisions of single family parcels.

This bill would prohibit the implementation of state Housing Density Mandates, as defined, in areas designated as Disaster Recovery Zones, as defined. The bill would suspend the application of such mandates until full recovery of lost housing has been completed and the jurisdiction has conducted a public evacuation viability analysis pursuant to Assembly Bill 747 (Chapter 681, Statutes of 2019). It would also prohibit local governments from adopting any upzoning actions during the same period.

This bill would declare that it is to take effect immediately as an urgency statute.

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