Senate Bill 10
Are 10-Unit Mini High-Rises in Your HOA’s Future?
Kelly G. Richardson, Esq., CCAL Richardson | Ober | DeNichilo
Governor Newsom has made housing supply a very high priority in his administration, and this is resulting in some very aggressive measures designed to encourage more housing, such as the push for ADUs and JADUs, for example. This year is certainly no exception, and one of the several major bills recently signed by the Governor into law regarding housing is Senate Bill 10, which created a new Government Code Section 65913.5.
This new section permits local governments to adopt zoning ordinances which permit up to 10 residential units per parcel if the parcel is located either in a “transit-rich area” or is an “urban infill site.” A “transit-rich area” is defined by the statute as a parcel which is within a half mile of a major transit stop (bus station, rail station or ferry terminal, or the intersection of two high quality bus corridors) or is a parcel located directly on a high-quality bus corridor. A “high-quality bus corridor” is one in which during peak hours buses are scheduled no more than 15 minutes apart. An “urban infill site” is a bit trickier to define, but basically is a multi-unit residential site within an “urbanized area” (city) or “urban cluster” (small dense town) as defined by the US Census Bureau. Most of the more populous areas of Orange and Los Angeles Counties are in an “urbanized area.” So, it appears that many urban properties might qualify as “urban infill sites” under this statute.
If the local government adopts such a zoning ordinance, it must issue a map so that property owners can clearly know if their property is within this 10-unit zone.
At first blush, this statute seems frightening to communities that consider themselves suburban, and certainly also could raise concern in planned developments. Could a single lot owner suddenly create a 10-unit apartment complex on the property, or even a 10-unit condominium project? If the city changes the zoning, then the answer may be yes.
However, the statute does not require this zoning, it allows the zoning if the city opts for it. Furthermore, the city considering such an ordinance could craft a smaller zoning area for such infill developments under the statute.
Most importantly, zoning restrictions do not ordinarily override private recorded covenants on property. Nothing in this statute says that an infill zoning ordinance could disregard covenants, conditions, and restrictions. Most residential common interest developments already have a provision limiting the use of properties within the association to “single family residential use,” meaning that one residence can be built on the property, shared by all the occupants of that residence.
“Could a single lot owner suddenly create a 10-unit apartment complex on the property, or even a 10-unit condominium project? If the city changes the zoning, then the answer may be yes.”
26 January | February 2022
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