AB 2386: Planning and zoning: tenancy in common subject to an exclusive occupancy agreement.
- Session Year: 2021-2022
- House: Assembly
- Latest Version Date: 2022-05-04
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.
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.
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 would specify that regulation, by ordinance, of 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, is vested in the legislative body of the local agency. including by requiring instruments governing the operation and maintenance of common areas.
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 would specify that regulation, by ordinance, of the design and improvement of any multifamily property held under a tenancy in common subject to an exclusive occupancy agreement, as defined, is vested in the legislative body of the local agency.
(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.
(a)For purposes of this section, the following definitions apply: section:
(1)Design has the same meaning as in Section 66418. 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 has the same meaning as in Section 66419. refers to both of the following:
(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.
(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 an exclusive occupancy agreement.
(2)Limit the area within a property for which a right to exclusive occupancy may be granted.
(d)This section does not supersede any provision of Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1.
(a)For purposes of this section, tenancy the following definitions apply:
(1)Design has the same meaning as in Section 66418.
(2)Improvement has the same meaning as in Section 66419.
(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)Regulation, by ordinance, of 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 is vested in the legislative body of the local agency. agreement, including by requiring instruments governing the operation and maintenance of common areas.
(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 an exclusive occupancy agreement.
(2)Limit the area within a property for which a right to exclusive occupancy may be granted.
(d)This section does not supersede any provision of Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1.
(a)For purposes of this section, 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)Regulation, by ordinance, of the design and improvement of any multifamily property held under a tenancy in common subject to an exclusive occupancy agreement is vested in the legislative body of the local agency.
|
Date
|
Status
|
|---|---|
| May 23, 2022 | Ordered to inactive file at the request of Assembly Member Bloom. |
| May 5, 2022 | Read second time. Ordered to third reading. |
| May 4, 2022 | Read second time and amended. Ordered returned to second reading. |
| May 3, 2022 | From committee: Amend, and do pass as amended. (Ayes 7. Noes 2.) (May 3). |
| Apr 25, 2022 | Re-referred to Com. on JUD. |
| Apr 21, 2022 | Read second time and amended. |
| Apr 20, 2022 | From committee: Amend, and do pass as amended and re-refer to Com. on JUD. (Ayes 6. Noes 2.) (April 20). |
| Mar 21, 2022 | Re-referred to Com. on L. GOV. |
| Mar 17, 2022 | From committee chair, with author's amendments: Amend, and re-refer to Com. on L. GOV. Read second time and amended. |
| Mar 3, 2022 | Referred to Coms. on L. GOV. and JUD. |
| Feb 18, 2022 | From printer. May be heard in committee March 20. |
| Feb 17, 2022 | Read first time. To print. |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
Bill Author
Bill Co-Author(s):