Bill Text: CA AB2386 | 2021-2022 | Regular Session | Amended
Bill Title: Planning and zoning: tenancy in common subject to an exclusive occupancy agreement.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-05-23 - Ordered to inactive file at the request of Assembly Member Bloom. [AB2386 Detail]
Download: California-2021-AB2386-Amended.html
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Amended
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May 04, 2022 |
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Amended
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April 21, 2022 |
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Amended
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March 17, 2022 |
CALIFORNIA LEGISLATURE—
2021–2022 REGULAR SESSION
Assembly Bill
No. 2386
| Introduced by Assembly Member Bloom |
February 17, 2022 |
An act to add Section 65850.10 to the Government Code, relating to land use.
LEGISLATIVE COUNSEL'S DIGEST
AB 2386, as amended, Bloom.
Planning and zoning: tenancy in common subject to an exclusive occupancy agreement.
Existing law provides for the adoption and administration of zoning laws, ordinances, rules, and regulations by counties and cities, as specified. Existing law authorizes the legislative body of any county or city to adopt ordinances that, among other things, regulate the use of buildings, structures, and land as between industry, business, residences, open space, including agriculture, recreation, enjoyment of scenic beauty, use of natural resources, and other purposes.
This bill, except as specified, would authorize the legislative body of a local agency to regulate by ordinance the design and improvement of any multifamily property held under a tenancy in common subject to an exclusive occupancy agreement, as defined, including by requiring instruments governing the operation and maintenance of common areas.
disclosures in the exclusive occupancy agreement and specific physical requirements that are necessary to ensure consistency with, or implementation of, the general plan or any applicable specific plan.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NOBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 65850.10 is added to the Government Code, to read:65850.10.
(a) For purposes of this section:(1) “Design” refers to all of the following:
(A) Street alignments, grades, and widths.
(B) Drainage and sanitary facilities and utilities, including alignments and grades thereof.
(C) Location and size of required easements and rights-of-way.
(D) Fire roads and firebreaks.
(E) Lot size and configuration.
(F) Traffic access.
(G) Grading.
(H) Land to be dedicated for park or recreational purposes.
(I)Other specific physical requirements that are necessary to ensure consistency with, or implementation of, the general plan or any applicable specific plan.
(2) “Improvement”
refers to both of the following: any street work or utility to be installed for public or private streets, highways, ways, or easements that are necessary for the general use of the lot owner and local neighborhood traffic and drainage needs.
(A)Any street work or utility to be installed, or agreed to be installed, by a subdivider on the land for public or private streets, highways, ways, or easements that are necessary for the general use of the lot owner and local neighborhood traffic and drainage needs.
(B)Any other specific improvement or type of improvement by the owner, a local agency, an entity approved by the local agency, or a private utility that is necessary to ensure consistency with, or implementation of, the general plan or any applicable specific plan.
(3) “Tenancy in common subject to an exclusive occupancy agreement” means a development in which an undivided interest in land is coupled with the right of exclusive occupancy of any portion located thereon.
(b) The legislative body of a local agency may regulate by ordinance the design and improvement of any multifamily property held under a tenancy in common subject to an exclusive occupancy
agreement, including by requiring instruments governing the operation and maintenance of common areas. disclosures in the exclusive occupancy agreement and specific physical requirements that are necessary to ensure consistency with, or implementation of, the general plan or any applicable specific plan.
(c) Notwithstanding this section, a local agency shall not do either of the following:
(1) Prohibit the ability to hold land by tenancy in common subject to
ownership of an undivided interest in property coupled with an exclusive occupancy agreement.
(2) Limit the area within a property for which a right to exclusive occupancy may be granted.
(d) The Legislature does not intend this section to abrogate the decision of the Court of Appeal in Tom vs. City and County of San Francisco (2004) 120 Cal.App.4th 674.
(e) This section shall not be construed to enable any parcel to supersede the land use requirements of a general or specific plan.
(d)
(f) This section does not supersede any provision of Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1.
