AB 2702

AB2702:v98#DOCUMENT

Bill Start

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Assembly Bill

No. 2702

An act relating to land use. to add and repeal Section 65913.17 of the Government Code, relating to housing.

LEGISLATIVE COUNSEL'S DIGEST

AB 2702, as amended, Flora. Planning and zoning: streamlined approval: residential care facilities for the elderly. Residential Care Facilities for the Elderly on Faith-Based Lands Act of 2026.

The Planning and Zoning Law requires each city, county, or city and county to adopt a comprehensive, long-term general plan for its physical development, and the development of certain lands outside its boundaries, that includes, among other mandatory elements, a housing element. That law allows a development proponent to submit an application for a development that is subject to a specified streamlined, ministerial approval process not subject to a conditional use permit, if the development satisfies certain objective planning standards.Existing law, the Affordable Housing on Faith and Higher Education Lands Act of 2023, until January 1, 2036, requires that a housing development project be a use by right, as defined, and does not require a conditional use permit, planned unit development permit, or other discretionary local government review, notwithstanding any inconsistent provision of a local government’s general plan, specific plan, zoning ordinance, or regulation, upon the request of an applicant who submits an application for streamlined approval, if, among other criteria, the development is located on land owned on or before January 1, 2024, by an independent institution of higher education or a religious institution, as specified. This bill would enact the Residential Care Facilities for the Elderly on Faith-Based Lands Act of 2026. The bill would require, notwithstanding any inconsistent provision of a local government’s general plan, specific plan, zoning ordinance, or regulation, that a residential care facility development project located on land owned by a religious institution be an allowable use at certain densities, if the development project satisfies all of the prescribed criteria, as provided. The bill would define “residential care facility” to mean a facility licensed under a specified provision of law that provides 24-hour nonmedical care for persons who are elderly, adults, or children, including, but not limited to, a residential care facility for the elderly, as defined.This bill would specify that a development for a residential care facility that is eligible for approval as an allowable use under the bill is also eligible for a density bonus, incentives, or concessions, or waivers or reductions of development and parking standards, except as specified. The bill would require a development subject to these provisions to provide off-street parking of up to one space per unit, unless a state law or local ordinance provides for a lower standard of parking, in which case the law or ordinance applies. The bill would prohibit a local government from imposing any parking requirement on a development subject to these provisions if the development is located within one-half mile walking distance of public transit, either a high-quality transit corridor or a major transit stop, as those terms are defined, or it is within one block of a car share vehicle.This bill would repeal its provisions as of January 1, 2037.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.

The Planning and Zoning Law requires each county and each city to adopt a comprehensive, long-term general plan for the physical development of the county or city, and specified land outside its boundaries, that includes, among other specified mandatory elements, a housing element. Among other things, that law authorizes a development proponent to submit an application for a development that is subject to a specified streamlined, ministerial approval process and is not subject to a conditional use permit or any other nonlegislative discretionary approval if the development complies with certain requirements and satisfies specified objective planning standards. The California Residential Care Facilities for the Elderly Act requires the residents and operators of a residential care facility for the elderly to be considered a family for the purposes of any law or zoning ordinance that relates to the residential use of property, as specified.

This bill would express the intent of the Legislature to enact legislation that would relate to streamlining approvals for residential care facilities for the elderly.

Digest Key

Vote: MAJORITY Appropriation: NO Fiscal Committee: NOYES Local Program: NOYES

Bill Text

The people of the State of California do enact as follows:

SECTION 1.

Section 65913.17 is added to the Government Code, to read:

65913.17. (a) This section shall be known, and may be cited, as the Residential Care Facilities for the Elderly on Faith-Based Lands Act of 2026.(b) For purposes of this section:(1) “Applicant” means a developer who submits an application for a residential care facility pursuant to this section.(2) “Heavy industrial use” means a use that is a source, other than a Title V source, as defined by Section 39053.5 of the Health and Safety Code, that is subject to permitting by a district, as defined in Section 39025 of the Health and Safety Code, pursuant to Division 26 (commencing with Section 39000) of the Health and Safety Code or the federal Clean Air Act (42 U.S.C. Sec. 7401 et seq.). A use where the only source permitted by a district is an emergency backup generator, and the source is in compliance with permitted emissions and operating limits, is not a heavy industrial use.(3) “Housing development project” has the same meaning as defined in Section 65589.5.(4) “Licensed bed” or “bed” means a bed counted toward the facility’s licensed capacity, or if licensure has not yet occurred, the maximum resident capacity proposed in the application.(5) “Light industrial use” means an industrial use that is not subject to permitting by a district, as defined in Section 39025 of the Health and Safety Code.(6) “Local government” means a city, including a charter city, county, including a charter county, or city and county, including a charter city and county.(7) “Religious institution” means an institution owned, controlled, and operated and maintained by a bona fide church, religious denomination, or religious organization composed of multidenominational members of the same well-recognized religion, lawfully operating as a nonprofit religious corporation pursuant to Part 4 (commencing with Section 9110) of, or as a corporation sole pursuant to Part 6 (commencing with Section 10000) of, Division 2 of Title 1 of the Corporations Code.(8) “Residential care facility” means a facility licensed pursuant to Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code that provides 24-hour nonmedical care for persons who are elderly, adults, or children, including, but not limited to, a residential care facility for the elderly, as defined in Section 1569.2 of the Health and Safety Code.(9) “Title V industrial use” means a use that is a Title V source, as defined in Section 39053.5 of the Health and Safety Code.(10) “Unit” or “units” shall be deemed, notwithstanding any other law, to refer to “dwelling unit equivalents.” “Dwelling unit equivalents” are calculated based on licensed bed capacity at an equivalency ratio of two licensed beds per one dwelling unit equivalent.(c) Notwithstanding any inconsistent provision of a local government’s general plan, specific plan, zoning ordinance, or regulation, a residential care facility development project located on land owned by a religious institution shall be an allowable use at the densities permitted by subdivision (d), if the development project satisfies all of the following criteria:(1) At the time the application is submitted, the development is located on land owned by a religious institution, including ownership through an affiliated or associated nonprofit public benefit corporation organized pursuant to the Nonprofit Corporation Law (Division 2 (commencing with Section 5000) of Title 1 of the Corporations Code).(2) The development is for a residential care facility.(3) The development is located on a parcel that satisfies the requirements specified in subparagraphs (A) and (B) of paragraph (2) of subdivision (a) of Section 65913.4.(4) The development is located on a parcel that satisfies the requirements specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4.(5) The development is located on a parcel that satisfies the requirements specified in paragraph (7) of subdivision (a) of Section 65913.4.(6) (A) The development is not adjoined to any site where more than one-third of the square footage on the site is dedicated to light industrial use. For purposes of this subdivision, parcels separated by only a street or highway shall be considered to be adjoined.(B) For purposes of subparagraph (A), a property is “dedicated to light industrial use” if all of the following requirements are met:(i) The square footage is currently being put to a light industrial use.(ii) The most recently permitted use of the square footage is a light industrial use.(iii) The latest version of the local government’s general plan, adopted before January 1, 2022, designates the property for light industrial use.(7) The development is not located within 1,200 feet of a site that is either of the following:(A) A site that is currently a heavy industrial use.(B) A site where the most recent permitted use was a heavy industrial use.(8) The development site is not located within 1,600 feet of a site that is either of the following:(A) A site that is currently a Title V industrial use.(B) A site where the most recent permitted use was a Title V industrial use.(9) For a site where multifamily housing is not an existing permitted use, the development project is not located within 3,200 feet of a facility that actively extracts or refines oil or natural gas.(10) The development project complies with all applicable objective development standards of the city or county that are not in conflict with this section.(11) If the development project requires the demolition of existing residential dwelling units, or is located on a site where residential dwelling units have been demolished within the last five years, the applicant shall comply with subdivision (d) of Section 66300. (12) (A) The applicant for the development completes a Phase I environmental assessment, as defined in Section 78090 of the Health and Safety Code, and a Phase II environmental assessment, as defined in subdivision (o) of Section 25403 of the Health and Safety Code, if warranted.(B) If a recognized environmental condition is found, the applicant shall undertake a preliminary endangerment assessment, as defined in Section 78095 of the Health and Safety Code, prepared by an environmental assessor to determine the existence of any release of a hazardous substance on the site and to determine the potential for exposure of future occupants to significant health hazards from any nearby property or activity.(i) If a release of a hazardous substance is found to exist on the site, the release shall be removed, or any significant effect of the release shall be mitigated to a level of insignificance in compliance with state and federal requirements.(ii) If a potential for exposure to significant hazards from surrounding properties or activities is found to exist, the effects of the potential exposure shall be mitigated to a level of insignificance in compliance with current state and federal requirements.(13) If the development is within 500 feet of a freeway, regularly occupied areas of the building shall provide air filtration media for outside and return air that provide a minimum efficiency reporting value (MERV) of 13.(14) For a vacant site, the site does not contain tribal cultural resources, as defined in Section 21074 of the Public Resources Code, that could be affected by the development that were found pursuant to a consultation as described in Section 21080.3.1 of the Public Resources Code, and the effects of which cannot be mitigated pursuant to the process described in Section 21080.3.2 of the Public Resources Code. (d) A development project for a residential care facility that satisfies the criteria set forth in subdivision (c) shall be allowed the following density, as applicable:(1) (A) If the development project is located in a zone that allows residential uses, the development project shall be allowed a density of the applicable density deemed appropriate to accommodate housing for lower income households identified in subparagraph (B) of paragraph (3) of subdivision (c) of Section 65583.2 and a height of one story above the maximum height otherwise applicable to the parcel.(B) If the local government allows for greater residential density on that parcel, or greater residential density or building heights on an adjoining parcel, than permitted in subparagraph (A), the greater density or building height shall apply, including a height of one story above the maximum height otherwise applicable to the parcel.(C) A development project proposed pursuant to this section shall be eligible for a density bonus, incentives, or concessions, or waivers or reductions of development standards and parking ratios, pursuant to Section 65915.(2) (A) If the development is located in a zone that does not allow residential uses, the development shall be allowed a density of 40 units per acre and a height of one story above the maximum height otherwise applicable to the parcel.(B) A development project proposed pursuant to this section shall be eligible for a density bonus, incentives, or concessions, or waivers or reductions of development standards and parking ratios, pursuant to Section 65915.(e) (1) Except as provided in paragraph (2), the development shall provide off-street parking of up to one space per unit, unless a state law or local ordinance provides for a lower standard of parking, in which case the law or ordinance shall apply.(2) A local government shall not impose a parking requirement if either of the following is true:(A) The parcel is located within one-half mile walking distance of public transit, either a high-quality transit corridor or a major transit stop as defined in subdivision (b) of Section 21155 of the Public Resources Code.(B) There is a car share vehicle located within one block of the parcel. (f) Notwithstanding any other provision of law, a development proposed pursuant to this section may include ancillary uses that are incidental and subordinate to the residential care facility if those ancillary uses are located within the development project or accessory structures on the development site and comply with applicable building and fire code requirements.(1) If the development site is located in a single-family residential zone, ancillary uses shall be limited to the following:(A) Child day care facilities.(B) Facilities operated by community-based organizations for the provision of recreational, social, educational, or supportive services intended for the residents of the residential care facility and members of the surrounding community.(2) If the development site is located in any other zone, ancillary uses may include the uses described in paragraph (1), in addition to any other neighborhood-serving commercial uses that are principally permitted in the applicable zone and do not require a conditional use permit, planned unit development permit, or other discretionary permit.(g) Approval of a development project pursuant to this section shall not cause an existing religious institutional use, or any other use that is legally established on the site, to become a nonconforming use, nor shall it be construed to terminate, impair, or revoke any vested right, conditional use permit, variance, or other land use permit or entitlement applicable to those uses, as follows:(1) A development may be approved pursuant to this section on a portion of a site that contains an existing religious institutional or other use, and the religious institutional or other use may continue to operate on the remainder of the site.(2) If an existing conditional use permit or other permit applicable to an existing religious institutional or other use contains requirements relating to parking supply, circulation, or similar sitewide standards that are directly affected by the development, the local government shall allow the religious institution or other existing use to satisfy those requirements through one or more of the following measures:(A) Shared parking arrangements between the religious institutional use and the residential care facility.(B) A parking management plan, including valet operations, transportation demand management measures, or scheduling measures.(C) Offsite parking within a reasonable distance secured by written agreement.(D) Replacement parking provided on the site in surface or structured form.(h) This section shall not prevent a development from also qualifying as a housing development project entitled to the protections of Section 65589.5. (i) Nothing in this section shall be construed to require ministerial approval, to limit a local agency’s discretionary authority under any other law, or to exempt a development from the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), except as expressly provided.(j) The Legislature finds and declares that ensuring residential care facility development at greater density on land owned by religious institutions is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities.(k) This section shall remain in effect only until January 1, 2037, and as of that date is repealed.

SEC. 2. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.

SECTION 1.

It is the intent of the Legislature to enact legislation that would relate to streamlining approvals for residential care facilities for the elderly.