AB 2702 would create the “Residential Care Facilities for the Elderly on Faith-Based Lands Act of 2026,” adding Government Code Section 65913.17 to streamline approval of certain residential care facility projects on land owned by religious institutions. The bill would require qualifying projects to be treated as allowable uses at specified densities, notwithstanding conflicting local general plans, zoning ordinances, specific plans, or regulations, so long as the project meets a detailed set of site, environmental, and development criteria. Those criteria include location on religious-institution-owned land, compliance with objective local standards, separation from certain industrial uses and oil/gas extraction sites, environmental review and mitigation requirements, freeway air filtration requirements, and tribal cultural resource protections for vacant sites.
The bill would also set density and height rules for eligible projects. In zones that already allow residential uses, projects would generally be allowed the density appropriate for lower-income housing and one additional story of height, with higher local densities or heights applying where already permitted. In zones that do not allow residential uses, the bill would allow 40 units per acre and one additional story. Eligible projects would also qualify for density bonuses, incentives, concessions, and waivers or reductions of development standards and parking ratios under existing density bonus law.
AB 2702 would modify local parking authority by generally capping parking at up to one space per unit, but prohibiting any parking requirement when the site is within one-half mile of qualifying transit or within one block of a car-share vehicle. It would also allow ancillary uses such as child care and community-serving services, and it would protect existing religious or other lawful site uses from becoming nonconforming uses. The bill expressly states that it does not eliminate CEQA review except as otherwise provided, does not require ministerial approval, and applies statewide, including to charter cities, because the Legislature declares the issue to be one of statewide concern.
The bill’s impact on state law would be to create a new, temporary land-use entitlement for a narrow category of senior-care projects on faith-based property, overriding inconsistent local zoning rules through January 1, 2037. It would add a new statutory pathway in the Government Code for residential care facilities for the elderly and related residential care facilities, while leaving existing housing protections and environmental laws largely intact. The bill also states that no state reimbursement to local agencies is required.
There was little recorded public debate in the materials provided: no committee transcript, no recorded votes, and the bill was set for first hearing in the Assembly Housing and Community Development Committee before the hearing was canceled at the author’s request. Based on the text, the measure appears generally supportive of housing and elder-care development, especially on religiously owned land, but it could raise concerns among local governments and nearby property owners about reduced zoning control, parking limits, density increases, and compatibility with surrounding industrial uses. The bill’s detailed siting restrictions and environmental safeguards suggest an attempt to balance those concerns with the goal of expanding care-facility capacity.
AB 2702 would add Government Code Section 65913.17 to create a new, temporary statewide land-use rule for qualifying residential care facilities on land owned by religious institutions. It would preempt inconsistent local zoning and general plan provisions for eligible projects, authorize specified densities and heights, expand access to density bonus law, and restrict local parking requirements near transit or car-share locations. The bill would apply to all cities, including charter cities, and would repeal itself on January 1, 2037.
The available legislative history shows limited formal sentiment because there were no recorded votes or committee transcript excerpts, and the first hearing was canceled at the author’s request. From the bill text, the measure appears to reflect a pro-housing, pro-senior-care policy approach that seeks to facilitate development on faith-based land while adding environmental and siting safeguards. The absence of recorded opposition or support in the provided materials makes the overall political reception unclear.
Likely points of contention include the bill’s override of local zoning authority, its application to charter cities, and its parking and density provisions. Local governments may object to the bill’s preemption of local land-use discretion, while nearby residents or industrial neighbors may be concerned about allowing residential care facilities near light, heavy, or Title V industrial uses, or near oil and gas extraction sites. Supporters would likely emphasize the bill’s narrow eligibility criteria, environmental assessments, and protections for existing religious uses as safeguards that limit those concerns.