Would allow for high density housing (up to 10 units) on a single parcel within a planned development.
Current Status: Chaptered
FindHOALaw Quick Summary:
Existing law makes void and unenforceable any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in a planned development, and any provision of a governing document, that effectively prohibits or unreasonably restricts the construction or use of an accessory dwelling unit or junior accessory dwelling unit on a lot zoned for single-family residential use that meets specified standards.
This bill would add Civil Code Section 4752 to make void and unenforceable any covenant, restriction, or condition contained in any deed, contract, security instrument, or other instrument affecting the transfer or sale of any interest in a planned development, and any provision of a governing document, that effectively prohibits or unreasonably restricts a use or density authorized by an ordinance adopted pursuant to Government Code Section 65913.5. The bill would provide that it does not apply to provisions that impose reasonable restrictions that do not make the implementation of an above-described ordinance infeasible.
** SB 10 was amended on June 24, 2021, to remove changes to the Davis-Stirling Act.
**UPDATE: SB 10 was signed by the Governor on September 16, 2021. Its changes to the law take effect January 1, 2022.
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from the California Legislature's website