HomeMy WebLinkAboutCity Council Position on Legislation Pending before Congress (33) City of Huntington Beach
File #: 20-1778 MEETING DATE: 7/20/2020
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Oliver Chi, City Manager
PREPARED BY: Oliver Chi, City Manager
Subject:
City Council Position on Legislation Pending Before Congress and the State Legislature as
Recommended by the City Council Intergovernmental Relations Committee (IRC)
Statement of Issue:
On July 15, 2020, the Intergovernmental Relations Committee (IRC) comprised of Mayor Lyn Semeta, Council
Member Erik Peterson, and Council Member Patrick Brenden met to discuss pending Federal and State
legislation.
Financial Impact:
There is no fiscal impact.
Recommended Action:
A) Approve a City position of Support on Senate Bill 1386 (Moorlach) "Local Government: Assessments, fees,
and charges on water hydrants"; and,
B) Approve a City position of Watch on Assembly Bill 1063 (Petrie-Norris) - "Planning and zoning law on
housing elements, accessory dwelling units, and adequate site substitutes"; and,
C) Approve a City position of Oppose on Senate Bill 1120 (Atkins) - "Subdivisions: tentative maps"; and,
D) Approve a City position of Oppose on Senate Bill 1385 (Caballero) - "Local planning: housing, commercial
zones"; and,
E) Approve a City position of Watch on Senate Constitutional Amendment 1 (Allen) - "Public housing projects";
and,
F) Approve a City position of Oppose on Senate Bill 1299 (Portantino) - "Housing development: incentives,
rezoning of idle retail sites"; and,
G) Approve a City position of Watch on Assembly Bill 2345 (Gonzalez) - "Planning and zoning: density
bonuses, annual report, affordable housing"; and,
H) Approve a City position of Watch on the Library Stabilization Fund Act (Reed and Levin).
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Alternative Action(s):
Do not approve and direct staff accordingly.
Analysis:
The Intergovernmental Relations Committee (IRC) met to discuss pending Federal and State legislation on
July 15, 2020 in addition to Administrative Items. The Committee reviewed the 2020 State Legislative Matrix
provided by the City's Federal and State Advocate Townsend Public Affairs. The following is an analysis of the
bills that the Committee chose to take the following positions on:
➢ SUPPORT - SB 1386 (Moorlach) "Local Government: Assessments, fees, and charges on water
hydrants"
Current law, known as the Proposition 218 Omnibus Implementation Act, prescribes specific
procedures and parameters for local jurisdictions to comply with these requirements and, among other
things, authorizes an agency providing water, wastewater, sewer, or refuse collection services to adopt
a schedule of fees or charges authorizing automatic adjustments that pass through increases in
wholesale charges for water, sewage treatment, or wastewater treatment or adjustments for inflation
under certain circumstances. Current law defines, among other terms, the term "water" for these
purposes to mean any system of public improvements intended to provide for the production, storage,
supply, treatment, or distribution of water from any source. This bill would specify that hydrants, as
defined, are part of the system of public improvements included in the definition of"water" for purposes
of the Proposition 218 Omnibus Implementation Act.
➢ WATCH - AB 1063 (Petrie-Norris) - "Planning and zoning law on housing elements, accessory
dwelling units, and adequate site substitutes"
Current law authorizes the Department of Housing and Community Development, in evaluating a
proposed or adopted housing element for substantial compliance with the provisions of the Planning
and Zoning Law relating to housing elements, to allow a city or county to identify adequate sites by a
variety of methods, as specified. Current law authorizes the department to allow a city or county to
identify sites for accessory dwelling units based on the number of accessory dwelling units developed
in the prior housing element planning period whether or not the units are permitted by right, the need
for these units in the community, those units in the community, the resources or incentives available for
their development, and any other relevant factors, as determined by the department. This bill would,
instead, require the department, in making that evaluation, to allow a city or county to identify adequate
sites by a variety of methods, as specified. The bill would require the department to allow a city or
county to identify sites for potential accessory dwelling units based on existing zoning standards and
the demonstrated potential capacity to accommodate accessory dwelling units and junior accessory
dwelling units, as determined by the city or county.
➢ OPPOSE - SB 1120 (Atkins) - "Subdivisions: tentative maps"
This Bill would, among other things, require a proposed housing development containing 2 residential
units to be considered ministerially, without discretionary review or hearing, in zones where allowable
uses are limited to single-family residential development if the proposed housing development meets
certain requirements, including that the proposed housing development would not require demolition or
alteration requiring evacuation or eviction of an existing housing unit that is subject to a recorded
covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate,
low, or very low income.
➢ OPPOSE -SIB 1385 (Caballero) - "Local planning: housing, commercial zones"
The Planning and Zoning Law requires each county and city 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. This bill, the Neighborhood
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Homes Act, would deem a housing development project, as defined, an allowable use on a
neighborhood lot that is zoned for office or retail commercial use under a local agency's zoning code or
general plan. The bill would require the density for a housing development under these provisions to
meet or exceed the density deemed appropriate to accommodate housing for lower income households
according to the type of local jurisdiction, including a density of at least 20 units per acre for a suburban
jurisdiction.
➢ WATCH - Senate Constitutional Amendment 1 (Allen) - "Public housing projects"
The California Constitution prohibits the development, construction, or acquisition of a low rent housing
project, as defined, in any manner by any state public body until a majority of the qualified electors of
the city, town, or county in which the development, construction, or acquisition of the low-rent housing
project is proposed approve the project by voting in favor at an election, as specified. This measure
would repeal these provisions.
➢ OPPOSE - SB 1299 (Portantino) - "Housing development: incentives, rezoning of idle retail
sites"
Current law establishes, among other housing programs, the Workforce Housing Reward Program,
which requires the Department of Housing and Community Development to make local assistance
grants to cities, counties, and cities and counties that provide land use approval to housing
developments that are affordable to very low and low-income households. This bill, upon appropriation
by the Legislature, would require the department to administer a program to provide incentives in the
form of grants allocated as provided to local governments that rezone idle sites used for a big box
retailer or a commercial shopping center to instead allow the development of workforce housing. The
bill would define various terms for these purposes. In order to be eligible for a grant, the bill would
require a local government, among other things, to apply to the department for an allocation of grant
funds and provide documentation that it has met specified requirements.
➢ WATCH - AB 2345 (Gonzalez) - "Planning and zoning: density bonuses, annual report,
affordable housing"
The Planning and Zoning Law requires the planning agency of a city or county to provide by April 1 of
each year an annual report to, among other entities, the Department of Housing and Community
Development that includes, among other specified information, the number of net new units of housing
that have been issued a completed entitlement, a building permit, or a certificate of occupancy, thus far
in the housing element cycle, as provided. This bill would require that the annual report include
specified information regarding density bonuses granted in accordance with specified law.
➢ WATCH - Library Stabilization Fund Act (Reed and Levin)
This Act would establish a $2 billion fund to address financial losses of libraries due to COVID-19 and
bolster library services. The Act would prioritize funding for the hardest hit communities and would be
delivered through the Institute of Museum and Library Services. A large portion of the funds would be
distributed to local libraries through state library agencies based on state population, with a minimum of
$10 million to each state. The Act would also provide for competitive grants. The primary objective of
this Act is to minimize the disruption of library services and staff furloughs and layoffs across the
country. It would also defray costs related to the safe re-opening of libraries and support a range of
services to patrons.
Environmental Status:
Not applicable
Strategic Plan Goal:
Non-Applicable -Administrative Item
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Attachment(s):
1. Senate Bill 1386 (Moorlach)
2. Assembly Bill 1063 (Petrie-Norris)
3. Senate Bill 1120 (Atkins)
4. Senate Bill 1385 (Caballero)
5. Senate Constitutional Amendment 1 (Allen and Wiener)
6. Senate Bill 1299 (Portantino)
7. Assembly Bill 2345 (Gonzalez)
8. Library Stabilization Fund Act (Reed and Levin)
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City Council/ ACTION AGENDA July 20, 2020
Public Financing Authority
13. 20-1754 Approved and authorized execution of the Professional Services
Contract between the City of Huntington Beach and Noll & Tam
Architects to Complete a Library Facilities Master Plan Utilizing
Restricted Library Development Impact Fee Funds; and, approve
appropriation of funds
Recommended Action:
Approve and authorize the City Manager to execute "Professional Services Contract Between the
City of Huntington Beach and Noll & Tam Architects for a Library Facilities Master Plan" and
appropriate $289,697 in the Library Development Impact Fund (Business Unit 22950001 .
Approved 7-0
14. 20 1766 Approved Appointments and Reappointments to the Huntington Beach
Youth Board with Terms to Expire May 31, 2021
Recommended Action:
A) As recommended by City Council Member liaisons Jill Hardy and Kim Carr, approve the
appointment of the following students to a one-year term on the Huntington Beach Youth
Board with terms to expire May 31, 2021:
Vivian Bui - Huntington Beach High School, At-Large Member
Luke Blankenbaker - Huntington Beach High School, At-Large Member
Kenady Osborne - Marina High School, At-Large Member
Emma Weston - Edison High School, At-Large Member
B) As recommended by City Council Member liaisons Jill Hardy and Kim Carr, approve the
reappointment of the following students to a one-year term on the Huntington Beach Youth
Board with terms to expire May 31, 2021:
Jenna Ali - Huntington Beach High School,
Representative Bella Brannon - Ocean View High
School, Representative Samuel Dater- Edison High
School, Representative Kathryn Robinson - Marina High
School, Representative Caitlin Sheetz - Edison High
School, At-Large Member
Approved 7-0
15. 20-1778 City Council Position on Legislation Pending Before Congress and the
State Legislature as Recommended by the City Council
Intergovernmental Relations Committee (IRC)
Recommended Action:
A) Approve a City position of Support on Senate Bill 1386 (Moorlach) "Local Government:
Assessments, fees, and charges on water hydrants"; and,
B) Approve a City position of support in concept/Watch on Assembly Bill 1063 (Petrie-
City Council/ ACTION AGENDA July 20, 2020
Public Financing Authority
Norris)-"Planning and zoning law on housing elements, accessory dwelling units, and
adequate site substitutes"; and ,
C) Approve a City position of Oppose on Senate Bill 1120 (Atkins) -"Subdivisions: tentative
maps"; and,
D) Approve a City position of Oppose on Senate Bill 1385 (Caballero) -"Local planning:
housing, commercial zones"; and,
E) Approve a City position of Watch on Senate Constitutional Amendment 1 (Allen) -
"Public housing projects"; and,
F) Approve a City position of Oppose on Senate Bill 1299 (Portantino) -"Housing
development: incentives, rezoning of idle retail sites"; and,
G) Approve a City position of Watch on Assembly Bill 2345 (Gonzalez) -"Planning and
zoning: density bonuses, annual report, affordable housing"; and,
H) Approve a City position of Watch on the Library Stabilization Fund Act (Reed and
Levin).
Approved 7-0 as amended— Item B) added "support in concept"
16. 20 1744 Adopted Ordinance Nos. 4214, 4212, 4215, 4216, and 4213,
Zoning Text Amendment (ZTA) No. 19-005 and Municipal Code
Amendment adding Chapter 5.110 (Group Homes)
Approved for introduction July 7, 2020, Vote: 7-0
Recommended Action:
Approve Zoning Text Amendment No. 19-005 with findings (Attachment No. 1),
approve amendment to Huntington Beach Municipal Code adding Chapter 5.110
(Group Homes). and adopt:
Ordinance No. 4214, "An Ordinance of the City Council of the City of Huntington
Beach Amending Chapter 203 of the Huntington Beach Zoning and Subdivision
Ordinance Titled Definitions (Zoning Text Amendment No. 19-005);" and,
Ordinance No. 4212, "An Ordinance of the City Council of the City of Huntington Beach
Amending Chapter 204 of the Huntington Beach Zoning and Subdivision Ordinance
Titled Use Classifications (Zoning Text Amendment No. 19-005);" and,
Ordinance No. 4215, "An Ordinance of the City Council of the City of Huntington
Beach Amending Chapter 210 of the Huntington Beach Zoning and Subdivision
Ordinance Titled R Residential Districts (Zoning Text Amendment No. 19-005);"
and,
AMENDED IN ASSEMBLY DULY 27, 2020
AMENDED IN SENATE APRIL 1, 2020
SENATE BILL No. 1386
Introduced by Senator Moorlach
February 21, 2020
An act to amend Section 53 750 of and to add Section 53750.5-ta,-to
the Government Code, relating to local government finance.
LEGISLATIVE COUNSEL'S DIGEST
SB 1386, as amended, Moorlach. Local government: assessments,
fees, and charges:-w et water: hydrants.
The California Constitution specifies various requirements with
respect to the levying of assessments and property-related fees and
charges by a local agency, including requiring that the local agency
provide public notice and a majority protest procedure in the case of
assessments and submit property-related fees and charges for approval
by property owners subject to the fee or charge or the electorate residing
in the affected area following a public hearing.
Existing law,known as the Proposition 218 Omnibus Implementation
Act,prescribes specific procedures and parameters for local jurisdictions
to comply with these requirements and, among other things,authorizes
an agency providing water, wastewater, sewer, or refuse collection
services to adopt a schedule of fees or charges authorizing automatic
adjustments that pass through increases in wholesale charges for water,
sewage treatment, or wastewater treatment or adjustments for inflation
under certain circumstances. Existing law defines, among other terms,
the term "water" for these purposes to mean any system of public
improvements intended to provide for the production, storage, supply,
treatment, or distribution of water from any source.
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SB 1386 —2—
This bill would specify that hydrants, as defined, are part of the system
ofpublic improvements included in the definition of"water"for purposes
of the Proposition 218 Omnibus Implementation ^et also ineludes the
From any sottree. Act. The bill would specify that a property-related
water service fee or charge by a local agency may include the costs to
construct, maintain, repair, or replace
water system, and the eost of water dispensed through publie hydfants,
to the extent, those fees or eharges are eonsistent with the Califorfli
n.._stit.•tio . hydrants to comply with fire codes and industry standards,
and may include the cost of water distributed through hydrants.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
The people of the State of California do enact as follows:
2 amended to readl
3 53750. For ptirposes of Atliele X111.G and Attiele X111 D--of
4 the Galifomia Gonstittition and this artiele, the Following words
5 have the Following meanings, and shall be read and intefpreted in
6 light ofthe findings and deelaraf ions eontaitted in Seetion 5375 1:
7 'Ageney" means any loeal govemment as define
9 r..nstittttio.
10 'Assessment"means any levy or eharge by an ageney upon
11 real property that is based upon the speeial benefit eonf�ffed upon
12
13 imposed to pay the eapital eost of the publie t, the
14 maintenanee and opefatiott expenses of the publie improvement,
15 or the eost of the serviee being provided. 'Assessment" ittelutle-s,
16 "benefit "
17 "
18 " "means an afea that is deteftnined by an agettey to
19
20
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—3— SB 1386
1 "Dfainage system" means any system of publi-e
2 ,
3 .
4 "when applied to an existing tax or fee or ehafge,
5
6 for the tax of fee or eltarge, ineittding, bttt not limited to,
7 amendment or removai. of a sunset expiration d
8 "Flood
9 that is intended to proteet pfoperty firom overflow by water.
10 " means a pareel of real propefty that an
11 ageney has identified as having a speeial benefit eonferfed upon.
12 it and ttpon vvhieh a proposed assessment is to be imposed, or
13 pareel of real property upon whieh a proposed propefty felated
14 .
15 " when applied to a tax, assessment,--of
16 property eharge,
17 does either ofthe followlngL
18 ,
19 assessment, fee, or ehatge.
20 ,
21 or eharge is ealettlated, if that fevision results in an inereasedd
22 amotmt being levied on any person or pafeel.
23 "
24 ageney aetion thaf does either of both of the f-ollowing:
25 , or eftaI6�, III a%.%,Vjdjanee
26
27 for inflafion adjustment thaf was adopted by the ageney prior to
28 November c 1996.
29 ,
30 eharge, so long as the rafe is not inereased beyond the 1eve4
31 previously approved by the agener, and the methodology
32 previously approved by the ageney is not fevised so as to res
33 an inerease in the amottnt being levied on any person or paree4-.
34 , or eharge is not deemed to be
35 "
36 of pfoperty are higher than wottid have resulted when the ageney
37 , if those higlier
38 payments are attributable to events other than an inereased fate o
39 revised methodologr, sueh as a ehange in the density-, ' ,
40 or nattre of the ttse of land.
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SB 1386 —4—
1 "Notiee by E
2 er-XH1
3 through a mailing,postage prepaid, deposited in the United States
4 Postal Seff iee md is deemed given when so deposited.Notiee by
5 mail may be itteluded in any other mailing to the reeord owne
6 that otherwise eomplies with Artiele Xill Gaf Xil1 9 of the
7 , bttt not limited
8 to, the mailing of a bill for the eolleetion of an assessment or
9 property related fee or eharge.
10 " means the owner of a pareel whose name
11 and address appears on the last eqttalized seettred property tax
12 t, roll, or in the ease of any pttblie etititr, the State o
13 California, or the 14nited Staf es, mearts the representative of that,
14 pttblie entity af the address of that entity known to the agetter.
15 " ineittdes systems, all real estate, fixtttres,-ttftd
16 ,
17 ,
18 disposition for sanitary or drairtag teluding lateral and
19 , sanitary
20 disposal plants of works, drains, eondttits,
21 otttlets for surfaee or storm waters, attd arty and all other works,
22 property,
23 or disposal of sewage,industrial waste,or surfaee or storm wafers.
24 " " shall tiot ineittde a sewer system that merel
25 eolleets sewage on the property of a single ownen
26 " means an
27
28
29 and Professions Gode).
30 "means any systern ofpublie improvements
31 ,
32 prfferttion, abatement, and eontrol of veetors as defined in
33
34 a pest as defined in Seetiort 5006 of the Food and Agriettlfutua4
35
36 "means arty system o.fpttblie improvements,and the
37 publie fixtttfes, applianees, and arpttftenattees eonneeted to that
38 ,
39 treatment, or disttibtttion ofwater from any soutee.
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-5— SB 1386
1 SEC. 2:
2 SECTION]. Section 53750.5 is added to the Government Code,
3 to read:
4 53750.5. (a) The Legislature finds and declares all of the
5 following:
6 (1) Fire service is a different and distinct
7 eategery of service from
8 watef seffiee pfoviden, whieh aids the fire 1JIUVI—jer in
9 wig water service, which is one of several other services
10 that aids in the provision of fire service.
11
12 fixture, applianee, of appttrtettanee eonneeted to a water system
13 for the purpose of providing an immediately available water sel V 1%�U
14 and afe often used by a water serviee provider Fof water system
15 .
16 (2) Hydrants are part of the system of public improvements
17 described in subdivision (n) of Section 53750.
18 (3) Hydrants are generally designed, installed, and used to
19 provide an immediately available sttpply of wate water service
20 to aid in extinguishing fires that threaten property served by a
21 water service provider, and are generally not designed or installed
22 to provide water service to extinguish fires that threaten strdetttfes
23 and other * Is on propefty
24 pfovider,
25 , or struettffes
26 --itho tt water property not served by a water service
27 provider or wildfires. Hydrants are also used by a water service
28 provider for water system operations and maintenance.
29 (4) Hydrants are generally located in proximity to properties
30 served by a water service provider to facilitate water service to
31 those properties.
32 (4�
33 (5) Hydrants genefally and the water distributed through them
34 are not available to the public at large in substantially the same
35 manner as they are to property owners. owners served by a water
36 service provider because hydrants are designed, installed, and
37 used to serve properties receiving water service, and the public
38 at large does not generally have access to water through those
39 hydrants. Incidental or other de minimis use of hydrants and the
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SB 1386 —6-
1 water distributed through them for other purposes does not change
2 their essential character as a property-related service.
3
4 purpose other than pfopefty proteetion in an emergeney does no
5 make either the hydrant or the watef dispensed from the hydran
6 available to the p4lie at large in stibstantially the same manne
7 as to property owners.
8
9
10 ;
11 beeattse the water is immediately available to be ttsed to extingftish
12
13 and eonettrrently bettefits all pareels, whieh are threafened with
14 damage or destfttetioti by the fire not being extingttished.
15 ,
16 , and replaein.9 hydrants and eosts assoeiated with the
17
18 (6) Hydrants and the water distributed through them are part
19 of the property-related water service provided to all property
20 owners served by a water service provider because the water is
21 immediately available to be used to aid in extinguishing a direct
22 or indirect fire threat to properties and concurrently benefits all
23 parcels connected to the water system that are threatened with
24 damage or destruction by the fire not being extinguished.
25 (7) Property-related water service costs may include, but are
26 not limited to, any costs associated with constructing, maintaining,
27 repairing, upgrading, and replacing hydrants, and costs associated
28 with obtaining, treating, and distributing adequate volumes of
29 water to meet the water demands ofproperties served by the water
30 service provider, including water supplied for firefightingpurposes.
31 (b) To the ,.-.tent eonsistent Consistent with the requirements
32 of Section 6 of Article XIII D of the California Constitution, fees
33 or charges for property-related water service may include the costs
34 to construct, maintain, repair, or replace
35 to a water system, and the eost of water dispensed thfough publie
36 hydrants. hydrants to comply with fire codes and industry
37 standards, and may include the cost of water distributed through
38 hydrants. The fee or charge may be fixed and collected consistent
39 with Section 53069.9 of the Government Code, or with
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—7— SB 1386
1 any other method consistent with Section 6 of Article MII D of
2 the California Constitution.
3 (c) For the purpose of this section, "hydrants" means all
4 hydrants and other infrastructure used to distribute water that
5 aids in the protection of property from fire, and all related or
6 appurtenant infrastructure and facilities owned by a water service
7 provider necessary or convenient for distributing water that aids
8 in the protection of property from fire, including adequately sized
9 and pressurized lines,pumps, and all appurtenances, but does not
10 include privately owned hydrants or other private fire response
11 related infrastructure.
12 (d) This section shall not be construed to prohibit a water
13 service provider from charging an individual property owner
14 consistent with Section 6 of Article XIIID of the California
15 Constitution for the water services related to privately owned
16 hydrants,fire meters,fire sprinklers, or other private fire response
17 related infrastructure.
18 (e)
19 (e) This section is declaratory of existing law.
O
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AMENDED IN SENATE JUKE 29, 2020
AMENDED IN SENATE JUNE 10, 2019
CALIFORNIA LEGISLATURE-2019-20 REGULAR SESSION
ASSEMBLY BILL No. 1063
Introduced by Assembly Member Petrie-Norris
February 21, 2019
An act to add Seetiott 100523 to the Government Gode, relating to
amend Sections 65583.1 and 65583.2 of, and to
add Section 65585.5 to, the Government Code, relating to housing.
LEGISLATIVE COUNSEL'S DIGEST
AB 1063, as amended, Petrie-Norris. Healtheafe euveiuge. warvers.
Planning and Zoning Law: housing elements:accessory dwelling units:
adequate site substitutes.
(1) The Planning and Zoning Law requires that the housing element
Of a city's or county's general plan consist of an identification and
analysis of existing and projected housing needs and a statement of
goals,policies, quantified objectives,financial resources, and scheduled
programs for the preservation, improvement, and development of
housing. The law requires the Department of Housing and Community
Development to determine the existing and projected need for housing
for each region, as specified. The law also requires that the housing
element include an inventory of land suitable for residential development
and requires that inventory to be used to identify sites that can be
developed for housing within the planning period and that are sufficient
to provide for the city's or county's share of the regional housing need.
Existing law requires the planning agency of a city or county to submit
a draft element or draft amendment to the department prior to adoption,
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AB 1063 —2—
as specified. Existing law requires the department to determine whether
the draft element or draft amendment substantially complies with the
provisions of the Planning and ZoningLaw relating to housing elements.
Existing law authorizes the department, in evaluating a proposed or
adopted housing elementfor substantial compliance with the provisions
of the Planning and Zoning Law relating to housing elements, to allow
a city or county to identify adequate sites by a variety of methods, as
specified. Existing law authorizes the department to allow a city or
county to identify sites for accessory dwelling units based on the number
of accessory dwelling units developed in the prior housing element
planning period whether or not the units are permitted by right, the
need for these units in the community, those units in the community, the
resources or incentives available for their development, and any other
relevant factors, as determined by the department.
This bill would, instead, require the department, in making that
evaluation, to allow a city or county to identify adequate sites by a
variety of methods, as specified. The bill would require the department
to allow a city or county to identify sites for potential accessory dwelling
units based on existing zoning standards and the demonstrated potential
capacity to accommodate accessory dwelling units and junior accessory
dwelling units, as determined by the city or county. If the combination
of potential accessory dwelling units and junior accessory dwelling
units constitutes greater than 50% of the units identified to meet the
city's or county's share of the regional need for affordable housing for
lower income households, the bill would require the housing element
to provide supplementary policies,programs, and actions that further
encourage or incentivize the development of accessory dwelling units
and junior accessory dwelling units for lower income households. The
bill would require the department to determine the affordability of a
potential accessory dwelling unit or a junior accessory dwelling unit
by taking into account relevant factors justified by the city or county,
as specified. The bill would require the department to presume that
very low and low-income renter households would occupy accessory
units in a proportion greater than or equal to the proportion of very
low and low- income renter households to all renter households in the
city or county, as specified.
Existing law authorizes the department to allow a city or county to
substitute the provision of units for up to 25% of the city's or county's
obligation to identify adequate sites for any income category if the city
or county includes in its housing element a program committing the
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—3— AB 1063
city or county to provide qualifying units in that income category within
the city or county that will be made available through the provision of
committed assistance, as specified. Under existing law, units qualify
for inclusion in the program providing committed assistance if the units,
among other requirements, are located either on foreclosed property
or in a multifamily rental or ownership housing complex of 3 or more
units, and have long-term affordability covenants and restrictions that
require the units to be affordable to persons of low-or very low income
for not less than SS years. Under existing law, units also qualify for
inclusion in the program if the units, among other requirements, have
long-term affordability covenants and restrictions that require the unit
to be affordable to, and reserved for occupancy by,persons of the same
or lower income group as the current occupants for a period of at least
40 years, and the city or county finds that the units are eligible, and
are reasonably expected, to change from housing affordable to low-
and very low income households to any other use during the next S
years due to specified events.
This bill, instead, would authorize the department to allow a city or
county to substitute the provision of units for up to 50% of the city's or
county's obligation to identify adequate sites for any income category
if the city or county includes in its housing element a program that
either commits the city or county to provide, or requires a private entity
to provide, specified units in that income category within the city or
county that will be made available through the provision of committed
assistance, as specified. The bill would revise the qualifications for
inclusion in the program for both types of units described above by
reducing the minimum period of time for the affordability covenants
and restrictions to 20 years unless a longer period is required by other
supplementary financial assistance. The bill would also revise the
qualifications for the latter type of units by extending the period of time
within which the city or county is required to find the units are eligible,
and are reasonably expected, to change to another use to 10 years.
Existing law requires a city or county that has included in its housing
element a qualified program providing units with committed assistance
to provide a progress report to the legislative body and to the
department in the 3rd year of the planning period, as specified. If the
city or county has not entered into an enforceable agreement of
committed assistance for all units specified in those programs by July
1 of the 3rd year of the planning period, existing law requires the city
or county to adopt an amended housing element identifying additional
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adequate sites sufficient to accommodate the number of units for which
committed assistance was not provided not later than July 1 of the 4th
year of the planning period.
This bill would instead require the city or county to provide that
report in the 5th year of the planning period. If the city or county has
not entered into that agreement of committed assistance by July I of
the 5th year of the planning period, the bill would require the city or
county to adopt that amended housing element not later than July I of
the 6th year of the planning period.
Under existing law, the above-described provisions governing the
substitution of adequate site identification with the provision of units
do not apply to a city or county that, during the current or immediately
prior planning period, has not met any of its share of the regional need
for affordable housing for low- and very low income households.
This bill would remove that exclusion.
(2) The Planning and Zoning Law also requires the inventory of land
suitable for residential development in the housing element to include,
among other things, a description of the existing use of each property
on nonvacant sites. Existing law requires the city or county to specify
the additional development potential for each nonvacant site within the
planning period and to provide an explanation of the methodology to
determine that potential. If a city or county relies on nonvacant sites
to accommodate 50% or more of its housing need for lower income
households, existing law requires that methodology to demonstrate that
the existing use does not constitute an impediment to additional
development during the period covered by the housing element.Existing
law requires an existing use to be presumed to impede additional
residential development, absentfindings based on substantial evidence
that the use is likely to be discontinued during the planning period.
This bill would deem certain conditions to be substantial evidence
that an existing use is likely to be discontinued during the planning
period.
(3) The Planning and Zoning Law requires a planning agency to
submit its draft housing element or amendment to the housing element
and, after adoption by the legislative body, a copy of the adopted
housing element or amendment to the Department of Housing and
Community Development for review. If the department finds that the
housing element or amendment does not substantially comply with
specified law, existing law requires the department to notify the city,
county, or city and county, and authorizes the department to notify the
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Attorney General, that the city, county, or city and county is in violation
ofstate law. Existing law authorizes the Attorney General, in an action
relating to housing element compliance pursuant to a notice or referral
from the department, to request that the court issue an order or judgment
directing the jurisdiction to bring its housing element in substantial
compliance and authorizes the court to impose fines and order specified
other remedies under certain circumstances.
This bill, for the 6th and each subsequent revision of the housing
element, if an affected local government has submitted the revision of
its housing element to the voters for approval before the applicable due
date but the voters have not yet voted on the housing element revision,
would exempt that local government from the above-described fines or
other penalties for failure to adopt its housing element by the applicable
due date. The bill, for the 6th and each subsequent revision of the
housing element, if the affected local government has submitted the
applicable revision of its housing element to the voters for approval
before the applicable due date and the voters have rejected the housing
element, would similarly exempt the affected local government from
the above-described fines or penalties for failure to adopt its housing
element by the applicable due date, but would authorize the court in
an action brought by the Attorney General to order specified remedies
under which the agent of the court may take all governmental actions
necessary to bring the jurisdiction's housing element into substantial
compliance in order to remedy identified deficiencies. The bill would
define "affected local government"for these purposes to mean a local
government that is subject to a requirement that the adoption or
amendment of the housing element be approved by the voters of that
local government and that has submitted a draft of the applicable
proposed revision of its housing element to the department.
Existing federal lavt, the Patient Proteetion and AfFordable Care Aet
(PP�kGik), requires eaeh state to establish an Amefiea-n Health Benefit,
a state to apply to the United States Departtnent ofllealth and litttnan
if eertain etsiteria are met,ineluding that the state has enaeted a law that
Calif6mia Health Benefit Exehange,also known as Govered Galifornia,
to faeilitate the enrollment of qttalified individuals and qualified Stnall
employers in qualified health plans as reqttirecl under PPAGA.
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This bill would require express statutory authority to reqttest a state
innavaf ion waiver from the United States Depaftment of 1 lealth and
11ttman Seffiees. The bill would also make related findings and
deelarations.
Vote: majority. Appropriation: no. Fiscal committee: eyes.
State-mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. Section 65583.1 of the Government Code is
2 amended to read:
3 65583.1. (a) (1) The Department of Housing and Community
4 Development,in evaluating a proposed or adopted housing element
5 for substantial compliance with this article, shall allow a city
6 or county to identify adequate sites,as required pursuant to Section
7 65583, by a variety of methods, including, but not limited to,
8 redesignation of property to a more intense land use category and
9 increasing the density allowed within one or more categories.-The
10 (2) (A) The departments shall also allow a city or county
11 to identify sites for potential accessory dwelling units based on
12 the nttmbef of aeeessofy dwelling units developed in the
13 . d whether of not the units are
14 ,
15 ,
16 othef relevant faetors, as determined by the depaftment. �4othi-ng
17 existing zoning standards and the demonstrated potential capacity
18 to accommodate accessory dwelling units and junior accessory
19 dwelling units, as determined by the city or county. If the
20 combination of potential accessory dwelling units and junior
21 accessory dwelling units constitutes greater than 50 percent of the
22 units identified to meet the city's or county's share of the regional
23 need for affordable housing for lower income households, the
24 housing element shall provide supplementary policies,programs,
25 and actions thatfurther encourage or incentivize the development
26 of accessory dwelling units and junior accessory dwelling units
27 for lower income households.
28 (B) For purposes of this paragraph, the department shall
29 determine the affordability of a potential accessory dwelling unit
30 or a junior accessory dwelling unit by taking into account the city's
31 or county's need for accessory dwelling units and a junior
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1 accessory dwelling units in the city or county, the resources or
2 incentives available for their development, and any other relevant
3 factors justified by the city or county. The department shall
4 presume that very low and low-income renter households would
5 occupy accessory units in a proportion greater than or equal to
6 the proportion of very low and low-income renter households to
7 all renter households in the city or county, as determined by the
8 most recently available data from the United States Department
9 of Housing and Urban Development's Comprehensive Housing
1.0 Affordability Strategy database.
11 (3) Nothing in this section subdivision reduces the responsibility
12 of a city or county to identify,by income category,the total number
13 of sites for residential development as required by this article.
14 (b) (1) Sites that contain permanent housing units located on a
15 military base undergoing closure or conversion as a result of action
16 pursuant to the Defense Authorization Amendments and Base
17 Closure and Realignment Act(Public Law 100-526), the Defense
18 Base Closure and RealignmentAct of 1990(Public Law 101-510),
19 or any subsequent act requiring the closure or conversion of a
20 military base may be identified as an adequate site if the housing
21 element demonstrates that the housing units will be available for
22 occupancy by households within the planning period of the
23 element. No sites containing housing units scheduled or planned
24 for demolition or conversion to nonresidential uses shall qualify
25 as an adequate site.
26 Any
27 (2) Any city, city and county, or county using this subdivision
28 shall address the progress in meeting this section in the reports
29 provided pursuant to paragraph (1) of subdivision (b) of Section
30 65400.
31 (c) (1) The Department of Housing and Community
32 Development may allow a city or county to substitute the provision
33 of units for up to--2-_'� 50 percent of the city's or
34 county's obligation to identify adequate sites for any income
35 category in its housing element pursuant to paragraph (1) of
36 subdivision (c) of Section 65583 where the eommunity if the city
37 or county includes in its housing element a program eommitting
38 the loeal government to provide that either commits the city or
39 county to provide, or requires a private entity to provide, units in
40 that income category within the city or county that will be made
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1 available through the provision of committed assistance during
2 the planning period covered by the element to low- and very low
3 income households at affordable housing costs or affordable rents,
4 as defined in Sections 50052.5 and 50053 of the Health and Safety
5 Code, and which meet the requirements of
6 paragraph (2), (3), or (4). Except as otherwise provided in this
7 subdivision, the city or county may substitute one
8 dwelling unit for one dwelling unit site in the applicable income
9 category. The program shall do all of the following:
10 (A) Identify the specific, existing sources of committed
11 assistance and dedicate a specific portion of the funds from those
12 sources to the provision of housing pursuant to this subdivision.
13 (B) Indicate the number of units that will be provided to both
14 low- and very low income households and demonstrate that the
15 amount of dedicated funds is sufficient to develop the units at
16 affordable housing costs or affordable rents.
17 (C) Demonstrate that the units meet the requirements of
18 paragrapher} (2), (3), or (4).
19 ,
20
21 , as
22 (A-)
23 (2) Units—th-at qualify for inclusion in the housing element
24 program described in paragraph (1) if the units are to be
25 substantially rehabilitated with committed assistance from the city
26 or county and would constitute a net increase in the '
27 city's or county's stock of housing affordable to low-and very low
28 income households.For purposes of this ,paragraph,
29 a unit is not eligible to be "substantially rehabilitated" unless all
30 of the following requirements are met:
31 (4)
32 (A) .At the time the unit is identified for substantial rehabilitation,
33 the city or county has
34 done all of the following:
35 (i) Determined that the unit is at imminent risk of loss to the
36 housing stock.
37 (ii) Committed to provide relocation assistance pursuant to
38 Chapter 16(commencing with Section 7260)of Division 7 of Title
39 1 to any occupants temporarily or permanently displaced by the
40 rehabilitation or code enforcement activity, or the relocation is
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1 otherwise provided prior to displacement either as a condition of
2 receivership, or provided by the property owner or the local
3 government pursuant to Article 2.5 (commencing with Section
4 17975) of Chapter 5 of Part 1.5 of Division 13 of the Health and
5 Safety Code,or as otherwise provided by local ordinance;provided
6 the assistance includes not less than the equivalent of four months'
7 rent and moving expenses and comparable replacement housing
8 consistent with the moving expenses and comparable replacement
9 housing required pursuant to Section 7260,
10 govemment requires 7260.
11 (iii) Required that any displaced occupants will have the right
12 to reoccupy the rehabilitated units, and-(Pv�
13 (iv) At the time the unit is identified for substantial
14 rehabilitation, the unit has been found by the-lo
15 city or county or a court to be unfit for human habitation due to
16 the existence of at least four violations of the conditions listed in
17 subdivisions(a)to (g), inclusive, of Section 17995.3 of the Health
18 and Safety Code.
19
20 (B) The rehabilitated unit will have long-term affordability
21 covenants and restrictions that require the unit to be available to,
22 and occupied by, persons or families of low- or very low income
23 at affordable housing costs for at least 20 years or the time period
24 required by any applicable federal or state law or regulation.
25 {4ij
26 (C) Prior to initial occupancy after rehabilitation,the local code
27 enforcement agency shall issue a certificate of occupancy indicating
28 compliance with all applicable state and local building code and
29 health and safety code requirements.
30 {B)
31 (3) Units 4iat are qualms for inclusion in the housing element
32 program described in paragraph (1) if the units meet all of the
33 following requirements:
34 (A) The units are located either on foreclosed property or in a
35 multifamily rental or ownership housing complex of three or more
36 units, aire units.
37 (B) The units are converted with committed assistancee
38 eiiy v, evuifty from nonaffordable to affordable by acquisition of
39 the unit or the purchase of affordability covenants and restrictions
40 for the unit, are not acquired by eminent ao__.ait , and eonstitut.
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1 net inerease in the eotntnttnity's
2 low and very low ineome hottseh domain. For purposes of
3 this subparagraph, a unit is not converted by acquisition or the
4 purchase of affordability covenants unless all of the following
5 occur:
6 (i) The unit is made available for rent at a cost affordable to
7 low- or very low income households.
8 (ii) At the time the unit is identified for acquisition, the unit is
9 not available at an affordable housing cost to either of the
10 following:
11 (I) Low-income households, if the unit will be made affordable
12 to low-income households.
13 (II) Very low income households, if the unit will be made
14 affordable to very low income households.
15 (iii) At the time the unit is identified for acquisition the unit is
16 not occupied by low- or very low income households or if the
17 acquired unit is occupied, the local government or the private
18 entity providing the committed assistance has committed to provide
19 relocation assistance prior to displacement, if any, pursuant to
20 Chapter 16(commencing with Section 7260)of Division 7 of Title
21 1 to any occupants displaced by the conversion, or the relocation
22 is otherwise provided prior to displacement;provided the assistance
23 includes not less than the equivalent of four months' rent and
24 moving expenses and comparable replacement housing consistent
25 with the moving expenses and comparable replacement housing
26 required pursuant to Section 7260.
27 (iv) The unit is in decent, safe, and sanitary condition at the
28 time of occupancy.
29 (v) The unit has long-term affordability covenants and
30 restrictions that require the unit to be affordable to persons of low-
31 or very low income for not less than 5 5 years. 20 years, unless a
32 longer period is required by another supplementary financial
33 assistance program.
34 (vi) For units located in multifamily ownership housing
35 complexes with three or more units,or on or after January 1,2015,
36 on foreclosed properties, at least an equal number of
37 new-construction multifamily rental units affordable to lower
38 income households have been constructed in the city or county
39 within the same planning period as the number of ownership units
40 to be converted.
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1 (C) The units would constitute a net increase in the city's or
2 county's stock of housing affordable to low-and very low income
3 households.
4 f G)
5 (4) Units qualify for inclusion in the housing element
6 program described in paragraph (1) if the units will be preserved
7 at affordable housing costs to persons or families of low- or very
8 low incomes with committed assistance from the city or county
9 by acquisition of the unit or the purchase of affordability covenants
10 for the unit. For purposes of this ,paragraph, a unit
11 shall not be deemed preserved unless all of the following occur:
12 0)
13 (A) The unit has long-term affordability covenants and
14 restrictions that require the unit to be affordable to, and reserved
15 for occupancy by, persons of the same or lower income group as
16 the current occupants for a period of at least-4 -yeaf� 20 years,
17 unless a longer period is required by another supplementary
18 financial assistance program.
19 (44)
20 (B) The unit is within an "assisted housing development," as
21 defined in paragraph (3) of subdivision (a) of Section 65863.10.
22
23 (C) The city or county finds, after a public hearing,that the unit
24 is eligible, and is reasonably expected, to change from housing
25 affordable to low- and very low income households to any other
26 use during the next-five 10 years due to termination of subsidy
27 contracts, mortgage prepayment, or expiration of restrictions on
28 use.
29
30 (D) The unit is in decent, safe,and sanitary condition at the time
31 of occupancy.
32 (-v)
33 (E) At the time the unit is identified for preservation it is
34 available at affordable cost to persons or families of low- or very
35 low income.
36 ,
37 ,
38 by Seetion 65588,has not met any of its sh—sifle 04'1-1.�..,IUIIrAI ftee4
39 for affordable hottsing, as defitied in Seetion 65 584,
40
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1 (5) A city or county shall documents any housing unit
2 for which a building permit has been issued and all development
3 and permit fees have been paid orthe and any housing unit that
4 is eligible to be lawfully occupied.
5 (4)
6 (6) For purposes of this subdivision, ed the following
7 terms have the following meanings:
8 (A) "Committed assistance" means assistance for which
9 the city oreounty enters county, or a private entity pursuant to the
10 city's or county's inclusionary housing requirement, has entered
11 into a legally enforceable agreementduring the period from TtIftle
12 beginning of the pfojeetion period until the end ofthe seeond-yeaf
13 that obligates sufficient available funds to
14 provide the assistance necessary to make the identified units
15 affordable and that requires that the units be made available for
16 occupancy within two years of the exeetttion of the agreement.
17 during the planning period. "Committed assistance" does not
18 include tenant-based rental assistance.
19 "net
20 (B) "Net increase" includes only housing units provided
21 committed assistance pursuant to subparagraph (A) of (B) o
22 paragrapher) (2), (3), or (4) in the current planning period, as
23 defined in Section 65588, that were not provided committed
24 assistance in the immediately prior planning period.
25 "the
26 (C) "The time the unit is identified" means the earliest time
27 when any city or county agent, acting on behalf of a public entity,
28 has proposed in writing or has proposed orally or in writing to the
29 property owner, that the unit be considered for substantial
30 rehabilitation, acquisition, or preservation.
31 (7) In the third fifth year of the planning period, as defined by
32 Section 65588, in the report required pursuant to Section 65400,
33 each city or county that has included in its housing element a
34 program to provide units pursuant to ,
35 of paragrapher (2), (3), or (4) shall report in writing to the
36 legislative body, and to the department within 30 days of making
37 its report to the legislative body, on its progress in providing units
38 pursuant to this subdivision. The report shall identify the specific
39 units for which committed assistance has been provided or which
40 have been made available to low-and very low income households,
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1 and it shall adequately document how each unit complies with this
2 subdivision. If, by July 1 of theme fifth year of the planning
3 period, the city or-eattrty county, or a private entity pursuant to
4 the city's or county's inclusionary housing requirement, has not
5 entered into an enforceable agreement of committed assistance for
6 all units specified in the programs adopted pursuant to
7 paragraph(2), (3), or(4), the city
8 or county shall, not later than July 1 of the fah sixth year of the
9 planning period,adopt an amended housing element in accordance
10 with Section 65585,identifying additional adequate sites pursuant
11 to paragraph (1) of subdivision (c) of Section 65583 sufficient to
12 accommodate the number of units for which committed assistance
13 was not provided. If a city or county does not amend its housing
14 element to identify adequate sites to address any shortfall, or fails
15 to complete the rehabilitation,acquisition,purchase of affordability
16 covenants, or the preservation of any housing unit within two years
17 after committed assistance was provided to that unit, it shall be
18 prohibited from identifying units pursuant to ,
19 paragrapher (2), (3), or (4) in the housing element
20 that it adopts for the next planning period, as defined in Section
21 65588, above the number of units actually provided or preserved
22 due to committed assistance.
23 (d) A city or county may reduce its share of the regional housing
24 need by the number of units built between the start of the projection
25 period and the deadline for adoption of the housing element. If the
26 city or county reduces its share pursuant to this subdivision, the
27 city or county shall include in the housing element a description
28 of the methodology for assigning those housing units to an income
29 category based on actual or projected sales price, rent levels, or
30 other mechanisms establishing affordability.
31 SEC. 2. Section 65583.2 of the Government Code, as amended
32 by Section 15.5 of Chapter 664 of the Statutes of 2019, is amended
33 to read:
34 65583.2. (a) A city's or county's inventory of land suitable
35 for residential development pursuant to paragraph (3) of
36 subdivision (a) of Section 65583 shall be used to identify sites
37 throughout the community, consistent with paragraph (9) of
38 subdivision(c)of Section 65583,that can be developed for housing
39 within the planning period and that are sufficient to provide for
40 the jurisdiction's share of the regional housing need for all income
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1 levels pursuant to Section 65584. As used in this section, "land
2 suitable for residential development" includes all of the sites that
3 meet the following standards set forth in subdivisions (c) and (g):
4 (1) Vacant sites zoned for residential use.
5 (2) Vacant sites zoned for nonresidential use that allows
6 residential development.
7 (3) Residentially zoned sites that are capable of being developed
8 at a higher density, including sites owned or leased by a city,
9 county, or city and county.
10 (4) Sites zoned for nonresidential use that can be redeveloped
11 for residential use, and for which the housing element includes a
12 program to rezone the site, as necessary, rezoned for, to permit
13 residential use, including sites owned or leased by a city, county,
14 or city and county.
15 (b) The inventory of land shall include all of the following:
16 (1) A listing of properties by assessor parcel number.
17 (2) The size of each property listed pursuant to paragraph (1),
18 and the general plan designation and zoning of each property.
19 (3) For nonvacant sites,a description of the existing use of each
20 property. If a site subject to this paragraph is owned by the city or
21 county, the description shall also include whether there are any
22 plans to dispose of the property during the planning period and
23 how the city or county will comply with Article 8 (commencing
24 with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title
25 5.
26 (4) A general description of any environmental constraints to
27 the development of housing within the jurisdiction, the
28 documentation for which has been made available to the
29 jurisdiction. This information need not be identified on a
30 site-specific basis.
31 (5) (A) A description of existing or planned water, sewer, and
32 other dry utilities supply, including the availability and access to
33 distribution facilities.
34 (B) Parcels included in the inventory must have sufficient water,
35 sewer, and dry utilities supply available and accessible to support
36 housing development or be included in an existing general plan
37 program or other mandatory program or plan,including a program
38 or plan of a public or private entity providing water or sewer
39 service, to secure sufficient water, sewer, and dry utilities supply
40 to support housing development. This paragraph does not impose
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1 any additional duty on the city or county to construct, finance, or
2 otherwise provide water, sewer, or dry utilities to parcels included
3 in the inventory.
4 (6) Sites identified as available for housing for above
5 moderate-income households in areas not served by public sewer
6 systems. This information need not be identified on a site-specific
7 basis.
8 (7) A map that shows the location of the sites included in the
9 inventory,such as the land use map from the jurisdiction's general
10 plan, for reference purposes only.
11 (c) Based on the information provided in subdivision(b),a city
12 or county shall determine whether each site in the inventory can
13 accommodate the development of some portion of its share of the
14 regional housing need by income level during the planning period,
15 as determined pursuant to Section 65584. The inventory shall
16 specify for each site the number of units that can realistically be
17 accommodated on that site and whether the site is adequate to
18 accommodate lower income housing, moderate-income housing,
19 or above moderate-income housing. A nonvacant site identified
20 pursuant to paragraph(3)or(4)of subdivision(a)in a prior housing
21 element and a vacant site that has been included in two or more
22 consecutive planning periods that was not approved to develop a
23 portion of the locality's housing need shall not be deemed adequate
24 to accommodate a portion of the housing need for lower income
25 households that must be accommodated in the current housing
26 element planning period unless the site is zoned at residential
27 densities consistent with paragraph (3) of this subdivision and the
28 site is subject to a program in the housing element requiring
29 rezoning within three years of the beginning of the planning period
30 to allow residential use by right for housing developments in which
31 at least 20 percent of the units are affordable to lower income
32 households.An unincorporated area in a nonmetropolitan county
33 pursuant to clause (ii) of subparagraph (B) of paragraph (3) shall
34 not be subject to the requirements of this subdivision to allow
35 residential use by right. The analysis shall determine whether the
36 inventory can provide for a variety of types of housing, including
37 multifamily rental housing, factory-built housing, mobilehomes,
38 housing for agricultural employees, supportive housing,
39 single-room occupancy units,emergency shelters,and transitional
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1 housing.The city or county shall determine the number of housing
2 units that can be accommodated on each site as follows:
3 (1) If local law or regulations require the development of a site
4 at a minimum density, the department shall accept the planning
5 agency's calculation of the total housing unit capacity on that site
6 based on the established minimum density. If the city or county
7 does not adopt a law or regulation requiring the development of a
8 site at a minimum density, then it shall demonstrate how the
9 number of units determined for that site pursuant to this subdivision
10 will be accommodated.
11 (2) The number of units calculated pursuant to paragraph (1)
12 shall be adjusted as necessary, based on the land use controls and
13 site improvements requirement identified in paragraph (5) of
14 subdivision(a)of Section 65583,the realistic development capacity
15 for the site, typical densities of existing or approved residential
16 developments at a similar affordability level in that jurisdiction,
17 and on the current or planned availability and accessibility of
18 sufficient water, sewer, and dry utilities.
19 (A) A site smaller than half an acre shall not be deemed adequate
20 to accommodate lower income housing need unless the locality
21 can demonstrate that sites of equivalent size were successfully
22 developed during the prior planning period for an equivalent
23 number of lower income housing units as projected for the site or
24 unless the locality provides other evidence to the department that
25 the site is adequate to accommodate lower income housing.
26 (B) A site larger than 10 acres shall not be deemed adequate to
27 accommodate lower income housing need unless the locality can
28 demonstrate that sites of equivalent size were successfully
29 developed during the prior planning period for an equivalent
30 number of lower income housing units as projected for the site or
31 unless the locality provides other evidence to the department that
32 the site can be developed as lower income housing. For purposes
33 of this subparagraph,"site"means that portion of a parcel or parcels
34 designated to accommodate lower income housing needs pursuant
35 to this subdivision.
36 (C) A site may be presumed to be realistic for development to
37 accommodate lower income housing need if, at the time of the
38 adoption of the housing element, a development affordable to
39 lower income households has been proposed and approved for
40 development on the site.
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1 (3) For the number of units calculated to accommodate its share
2 of the regional housing need for lower income households pursuant
3 to paragraph (2), a city or county shall do either of the following:
4 (A) Provide an analysis demonstrating how the adopted densities
5 accommodate this need. The analysis shall include, but is not
6 limited to, factors such as market demand,financial feasibility, or
7 information based on development project experience within a
8 zone or zones that provide housing for lower income households.
9 (B) The following densities shall be deemed appropriate to
10 accommodate housing for lower income households:
11 (i) For an incorporated city within a nonmetropolitan county
12 and for a nonmetropolitan county that has a micropolitan area:
13 sites allowing at least 15 units per acre.
14 (ii) For an unincorporated area in a nonmetropolitan county not
15 included in clause (i): sites allowing at least 10 units per acre.
16 (iii) For a suburban jurisdiction: sites allowing at least 20 units
17 per acre.
18 (iv) For a jurisdiction in a metropolitan county: sites allowing
19 at least 30 units per acre.
20 (d) For purposes of this section, a metropolitan county,
21 nonmetropolitan county, and nonmetropolitan county with a
22 micropolitan area shall be as determined by the United States
23 Census Bureau. A nonmetropolitan county with a micropolitan
24 area includes the following counties: Del Norte,Humboldt, Lake,
25 Mendocino, Nevada, Tehama, and Tuolumne and other counties
26 as may be determined by the United States Census Bureau to be
27 nonmetropolitan counties with micropolitan areas in the future.
28 (e) (1) Except as provided in paragraph(2), a jurisdiction shall
29 be considered suburban if the jurisdiction does not meet the
30 requirements of clauses (i) and (ii) of subparagraph (B) of
31 paragraph (3) of subdivision (c) and is located in a Metropolitan
32 Statistical Area(MSA)of less than 2,000,000 in population,unless
33 that jurisdiction's population is greater than 100,000, in which
34 case it shall be considered metropolitan. A county, not including
35 the City and County of San Francisco,shall be considered suburban
36 unless the county is in an MSA of 2,000,000 or greater in
37 population in which case the county shall be considered
38 metropolitan.
39 (2) (A) (i) Notwithstanding paragraph (1), if a county that is
40 in the San Francisco-Oakland-Fremont California MSA has a
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1 population of less than 400,000, that county shall be considered
2 suburban. If this county includes an incorporated city that has a
3 population of less than 100,000, this city shall also be considered
4 suburban.This paragraph shall apply to a housing element revision
5 cycle, as described in subparagraph (A) of paragraph (3) of
6 subdivision (e) of Section 65588, that is in effect from July 1,
7 2014, to December 31, 2028, inclusive.
8 (ii) A county subject to this subparagraph shall utilize the sum
9 existing in the county's housing trust fund as of June 30,2013, for
10 the development and preservation of housing affordable to low-and
11 very low income households.
12 (B) A jurisdiction that is classified as suburban pursuant to this
13 paragraph shall report to the Assembly Committee on Housing
14 and Community Development,the Senate Committee on Housing,
15 and the Department of Housing and Community Development
16 regarding its progress in developing low- and very low income
17 housing consistent with the requirements of Section 65400. The
18 report shall be provided three times: once, on or before December
19 31, 2019, which report shall address the initial four years of the
20 housing element cycle, a second time, on or before December 31,
21 2023, which report shall address the subsequent four years of the
22 housing element cycle, and a third time, on or before December
23 31, 2027, which report shall address the subsequent four years of
24 the housing element cycle and the cycle as a whole. The reports
25 shall be provided consistent with the requirements of Section 9795.
26 (f) A jurisdiction shall be considered metropolitan if the
27 jurisdiction does not meet the requirements for "suburban area"
28 above and is located in an MSA of 2,000,000 or greater in
29 population,unless that jurisdiction's population is less than 25,000
30 in which case it shall be considered suburban.
31 (g) (1) For sites described in paragraph (3) of subdivision (b),
32 the city or county shall specify the additional development potential
33 for each site within the planning period and shall provide an
34 explanation of the methodology used to determine the development
35 potential. The methodology shall consider factors including the
36 extent to which existing uses may constitute an impediment to
37 additional residential development, the city's or county's past
38 experience with converting existing uses to higher density
39 residential development,the current market demand for the existing
40 use,an analysis of any existing leases or other contracts that would
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1 perpetuate the existing use or prevent redevelopment of the site
2 for additional residential development,development trends,market
3 conditions, and regulatory or other incentives or standards to
4 encourage additional residential development on these sites.
5 (2) In addition to the analysis required in paragraph (1), when
6 a city or county is relying on nonvacant sites described in paragraph
7 (3) of subdivision (b) to accommodate 50 percent or more of its
8 housing need for lower income households,the methodology used
9 to determine additional development potential shall demonstrate
10 that the existing use identified pursuant to paragraph (3) of
11 subdivision (b) does not constitute an impediment to additional
12 residential development during the period covered by the housing
13 element. An existing use shall be presumed to impede additional
14 residential development, absent findings based on substantial
15 evidence that the use is likely to be discontinued during the
16 planning period.Any of the following conditions shall be deemed
17 to be substantial evidence that an existing use is likely to be
18 discontinued during the planning period:
19 (A) The existing improvement-to-land-value ratio is less than
20 1.0 for commercial and multifamily properties or less than 0.5 for
21 single-family properties according to the most recent available
22 property assessment roll.
23 (B) The site is designated a Moderate Resource area, High
24 Resource area, or Highest Resource area in the most recent Tax
25 Credit Allocation Committee Opportunity Map.
26 (C) Zoning for the site allows residential development by-right
27 that meets both of the following requirements:
28 (i) Have at least 100 percent more floor area than existing
29 structures on the site.
30 (ii) At least 20 percent of the units are affordable to lower
31 income households.
32 (D) The use of nonvacant sites are accompanied by programs
33 and policies that encourage or incentivize the redevelopment to
34 residential use.
35 (3) Notwithstanding any other law, and in addition to the
36 requirements in paragraphs (1) and (2), sites that currently have
37 residential uses, or within the past five years have had residential
38 uses that have been vacated or demolished,that are or were subject
39 to a recorded covenant, ordinance, or law that restricts rents to
40 levels affordable to persons and families of low or very low
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1 income, subject to any other form of rent or price control through
2 a public entity's valid exercise of its police power, or occupied by
3 low or very low income households, shall be subject to a policy
4 requiring the replacement of all those units affordable to the same
5 or lower income level as a condition of any development on the
6 site. Replacement requirements shall be consistent with those set
7 forth in paragraph (3) of subdivision (c) of Section 65915.
8 (h) The program required by subparagraph(A)of paragraph(1)
9 of subdivision(c)of Section 65583 shall accommodate 100 percent
10 of the need for housing for very low and low-income households
11 allocated pursuant to Section 65584 for which site capacity has
12 not been identified in the inventory of sites pursuant to paragraph
13 (3) of subdivision (a) on sites that shall be zoned to permit
14 owner-occupied and rental multifamily residential use by right for
15 developments in which at least 20 percent of the units are
16 affordable to lower income households during the planning period.
17 These sites shall be zoned with minimum density and development
18 standards that permit at least 16 units per site at a density of at
19 least 16 units per acre in jurisdictions described in clause (i) of
20 subparagraph (B) of paragraph (3) of subdivision (c), shall be at
21 least 20 units per acre in jurisdictions described in clauses(iii)and
22 (iv) of subparagraph (B) of paragraph (3) of subdivision (c) and
23 shall meet the standards set forth in subparagraph(B)of paragraph
24 (5) of subdivision (b). At least 50 percent of the very low and
25 low-income housing need shall be accommodated on sites
26 designated for residential use and for which nonresidential uses
27 or mixed uses are not permitted, except that a city or county may
28 accommodate all of the very low and low-income housing need
29 on sites designated for mixed uses if those sites allow 100 percent
30 residential use and require that residential use occupy 50 percent
31 of the total floor area of a mixed-use project.
32 (i) For purposes of this section and Section 65583, the phrase
33 "use by right" shall mean that the local government's review of
34 the owner-occupied or multifamily residential use may not require
35 a conditional use permit,planned unit development permit,or other
36 discretionary local government review or approval that would
37 constitute a "project" for purposes of Division 13 (commencing
38 with Section 21000)of the Public Resources Code.Any subdivision
39 of the sites shall be subject to all laws, including, but not limited
40 to,the local government ordinance implementing the Subdivision
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1 Map Act.A local ordinance may provide that"use by right" does
2 not exempt the use from design review. However, that design
3 review shall not constitute a"project"for purposes of Division 13
4 (commencing with Section 21000) of the Public Resources Code.
5 Use by right for all rental multifamily residential housing shall be
6 provided in accordance with subdivision (f) of Section 65589.5.
7 0) Notwithstanding any other provision of this section, within
8 one-half mile of a Sonoma-Marin Area Rail Transit station,housing
9 density requirements in place on June 30, 2014, shall apply.
10 (k) For purposes of subdivisions (a) and (b), the department
11 shall provide guidance to local governments to properly survey,
12 detail, and account for sites listed pursuant to Section 65585.
13 (0 This section shall remain in effect only until December 31,
14 2028, and as of that date is repealed.
15 SEC. 3. Section 65583.2 of the Government Code, as amended
16 by Section 16.5 of Chapter 664 of the Statutes of 2019, is amended
17 to read:
18 65583.2. (a) A city's or county's inventory of land suitable
19 for residential development pursuant to paragraph (3) of
20 subdivision (a) of Section 65583 shall be used to identify sites
21 throughout the community, consistent with paragraph (9) of
22 subdivision(c)of Section 65583,that can be developed for housing
23 within the planning period and that are sufficient to provide for
24 the jurisdiction's share of the regional housing need for all income
25 levels pursuant to Section 65584. As used in this section, "land
26 suitable for residential development"includes all of the following
27 sites that meet the standards set forth in subdivisions (c) and (g):
28 (1) Vacant sites zoned for residential use.
29 (2) Vacant sites zoned for nonresidential use that allows
30 residential development.
31 (3) Residentially zoned sites that are capable of being developed
32 at a higher density, and sites owned or leased by a city, county, or
33 city and county.
34 (4) Sites zoned for nonresidential use that can be redeveloped
35 for residential use, and for which the housing element includes a
36 program to rezone the site, as necessary,to permit residential use,
37 including sites owned or leased by a city, county, or city and
38 county.
39 (b) The inventory of land shall include all of the following:
40 (1) A listing of properties by assessor parcel number.
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1 (2) The size of each property listed pursuant to paragraph (1),
2 and the general plan designation and zoning of each property.
3 (3) For nonvacant sites,a description of the existing use of each
4 property. If a site subject to this paragraph is owned by the city or
5 county, the description shall also include whether there are any
6 plans to dispose of the property during the planning period and
7 how the city or county will comply with Article 8 (commencing_
8 with Section 54220) of Chapter 5 of Part 1 of Division 2 of Title
9 5.
10 (4) A general description of any environmental constraints to
11 the development of housing within the jurisdiction, the
12 documentation for which has been made available to the
13 jurisdiction. This information need not be identified on a
14 site-specific basis.
15 (5) (A) A description of existing or planned water, sewer, and
16 other dry utilities supply, including the availability and access to
17 distribution facilities.
18 (B) Parcels included in the inventory must have sufficient water,
19 sewer, and dry utilities supply available and accessible to support
20 housing development or be included in an existing general plan
21 program or other mandatory program or plan,including a program
22 or plan of a public or private entity providing water or sewer
23 service, to secure sufficient water, sewer, and dry utilities supply
24 to support housing development. This paragraph does not impose
25 any additional duty on the city or county to construct, finance, or
26 otherwise provide water, sewer,or dry utilities to parcels included
27 in the inventory.
28 (6) Sites identified as available for housing for above
29 moderate-income households in areas not served by public sewer
30 systems. This information need not be identified on a site-specific
31 basis.
32 (7) A map that shows the location of the sites included in the
33 inventory, such as the land use map from the jurisdiction's general
34 plan for reference purposes only.
35 (c) Based on the information provided in subdivision(b), a city
36 or county shall determine whether each site in the inventory can
37 accommodate the development of some portion of its share of the
38 regional housing need by income level during the planning period,
39 as determined pursuant to Section 65584. The inventory shall
40 specify for each site the number of units that can realistically be
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1 accommodated on that site and whether the site is adequate to
2 accommodate lower income housing, moderate-income housing,
3 or above moderate-income housing. A nonvacant site identified
4 pursuant to paragraph(3)or(4)of subdivision(a)in a prior housing
5 element and a vacant site that has been included in two or more
6 consecutive planning periods that was not approved to develop a
7 portion of the locality's housing need shall not be deemed adequate
8 to accommodate a portion of the housing need for lower income
9 households that must be accommodated in the current housing
10 element planning period unless the site is zoned at residential
1 I densities consistent with paragraph (3) of this subdivision and the
12 site is subject to a program in the housing element requiring
13 rezoning within three years of the beginning of the planning period
14 to allow residential use by right for housing developments in which
15 at least 20 percent of the units are affordable to lower income
16 households. A city that is an unincorporated area in a
17 nonmetropolitan county pursuant to clause (ii) of subparagraph
18 (B) of paragraph (3) shall not be subject to the requirements of
19 this subdivision to allow residential use by right.The analysis shall
20 determine whether the inventory can provide for a variety of types
21 of housing, including multifamily rental housing, factory-built
22 housing, mobilehomes, housing for agricultural employees,
23 supportive housing, single-room occupancy units, emergency
24 shelters, and transitional housing. The city or county shall
25 determine the number of housing units that can be accommodated
26 on each site as follows:
27 (1) If local law or regulations require the development of a site
28 at a minimum density, the department shall accept the planning
29 agency's calculation of the total housing unit capacity on that site
30 based on the established minimum density. If the city or county
31 does not adopt a law or regulation requiring the development of a
32 site at a minimum density, then it shall demonstrate how the
33 number of units detennined for that site pursuant to this subdivision
34 will be accommodated.
35 (2) The number of units calculated pursuant to paragraph (1)
36 shall be adjusted as necessary, based on the land use controls and
37 site improvements requirement identified in paragraph (5) of
38 subdivision(a)of Section 65583,the realistic development capacity
39 for the site, typical densities of existing or approved residential
40 developments at a similar affordability level in that jurisdiction,
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1 and on the current or planned availability and accessibility of
2 sufficient water, sewer, and dry utilities.
3 (A) A site smaller than half an acre shall not be deemed adequate
4 to accommodate lower income housing need unless the locality
5 can demonstrate that sites of equivalent size were successfully
6 developed during the prior planning period for an equivalent
7 number of lower income housing units as projected for the site or
8 unless the locality provides other evidence to the department that
9 the site is adequate to accommodate lower income housing.
10 (B) A site larger than 10 acres shall not be deemed adequate to
11 accommodate lower income housing need unless the locality can
12 demonstrate that sites of equivalent size were successfully
13 developed during the prior planning period for an equivalent
14 number of lower income housing units as projected for the site or
15 unless the locality provides other evidence to the department that
16 the site can be developed as lower income housing. For purposes
17 of this subparagraph,"site"means that portion of a parcel or parcels
18 designated to accommodate lower income housing needs pursuant
19 to this subdivision.
20 (C) A site may be presumed to be realistic for development to
21 accommodate lower income housing need if, at the time of the
22 adoption of the housing element, a development affordable to
23 lower income households has been proposed and approved for
24 development on the site.
25 (3) For the number of units calculated to accommodate its share
26 of the regional housing need for lower income households pursuant
27 to paragraph (2), a city or county shall do either of the following:
28 (A) Provide an analysis demonstrating how the adopted densities
29 accommodate this need. The analysis shall include, but is not
30 limited to, factors such as market demand,financial feasibility, or
31 information based on development project experience within a
32 zone or zones that provide housing for lower income households.
33 (B) The following densities shall be deemed appropriate to
34 accommodate housing for lower income households:
35 (i) For an incorporated city within a nonmetropolitan county
36 and for a nonmetropolitan county that has a micropolitan area:
37 sites allowing at least 15 units per acre.
38 (ii) For an unincorporated area in a nonmetropolitan county not
39 included in clause (i): sites allowing at least 10 units per acre.
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1 (iii) For a suburban jurisdiction: sites allowing at least 20 units
2 per acre.
3 (iv) For a jurisdiction in a metropolitan county: sites allowing
4 at least 30 units per acre.
5 (d) For purposes of this section, a metropolitan county,
6 nonmetropolitan county, and nonmetropolitan county with a
7 micropolitan area shall be as determined by the United States
8 Census Bureau. A nonmetropolitan county with a micropolitan
9 area includes the following counties: Del Norte,Humboldt, Lake,
10 Mendocino, Nevada, Tehama, and Tuolumne and other counties
11 as may be determined by the United States Census Bureau to be
12 nonmetropolitan counties with micropolitan areas in the future.
13 (e) A jurisdiction shall be considered suburban if the jurisdiction
14 does not meet the requirements of clauses (i) and (ii) of
15 subparagraph(B)of paragraph(3)of subdivision(c)and is located
16 in a Metropolitan Statistical Area (MSA) of less than 2,000,000
17 in population, unless that jurisdiction's population is greater than
18 100,000, in which case it shall be considered metropolitan. A
19 county, not including the City and County of San Francisco, shall
20 be considered suburban unless the county is in an MSA of
21 2,000,000 or greater in population in which case the county shall
22 be considered metropolitan.
23 (f) A jurisdiction shall be considered metropolitan if the
24 jurisdiction does not meet the requirements for "suburban area"
25 above and is located in an MSA of 2,000,000 or greater in
26 population,unless that jurisdiction's population is less than 25,000
27 in which case it shall be considered suburban.
28 (g) (1) For sites described in paragraph (3) of subdivision (b),
29 the city or county shall specify the additional development potential
30 for each site within the planning period and shall provide an
31 explanation of the methodology used to determine the development
32 potential. The methodology shall consider factors including the
33 extent to which existing uses may constitute an impediment to
34 additional residential development, the city's or county's past
35 experience with converting existing uses to higher density
36 residential development,the current market demand for the existing
37 use,an analysis of any existing leases or other contracts that would
38 perpetuate the existing use or prevent redevelopment of the site
39 for additional residential development,development trends,market
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AB 1063 —26—
1 conditions, and regulatory or other incentives or standards to
2 encourage additional residential development on these sites.
3 (2) In addition to the analysis required in paragraph (1), when
4 a city or county is relying on nonvacant sites described in paragraph
5 (3) of subdivision (b) to accommodate 50 percent or more of its
6 housing need for lower income households,the methodology used
7 to determine additional development potential shall demonstrate
8 that the existing use identified pursuant to paragraph (3) of
9 subdivision (b) does not constitute an impediment to additional
10 residential development during the period covered by the housing
11 element. An existing use shall be presumed to impede additional
12 residential development, absent findings based on substantial
13 evidence that the use is likely to be discontinued during the
14 planning period.Any of the following conditions shall be deemed
15 to be substantial evidence that an existing use is likely to be
16 discontinued during the planning period:
17 (A) The existing improvement-to-land-value ratio is less than
18 1.0 for commercial and multifamily properties or less than 0.5 for
19 single-family properties according to the most recent available
20 property assessment roll.
21 (B) The site is designated a Moderate Resource area, High
22 Resource area, or Highest Resource area in the most recent Tax
23 Credit Allocation Committee Opportunity Map.
24 (C) Zoning for the site allows residential development by-right
25 that meets both of the following requirements:
26 (i) Have at least 100 percent more floor area than existing
27 structures on the site.
28 (ii) At least 20 percent of the units are affordable to lower
29 income households.
30 (D) The use of nonvacant sites are accompanied by programs
31 and policies that encourage or incentivize the redevelopment to
32 residential use.
33 (3) Notwithstanding any other law, and in addition to the
34 requirements in paragraphs (1) and (2), sites that currently have
35 residential uses, or within the past five years have had residential
36 uses that have been vacated or demolished,that are or were subject
37 to a recorded covenant, ordinance, or law that restricts rents to
38 levels affordable to persons and families of low or very low
39 income, subject to any other form of rent or price control through
40 a public entity's valid exercise of its police power, or occupied by
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—27— AB 1063
1 low or very low income households, shall be subject to a policy
2 requiring the replacement of all those units affordable to the same
3 or lower income level as a condition of any development on the
4 site. Replacement requirements shall be consistent with those set
5 forth in paragraph(3) of subdivision (c) of Section 65915.
6 (h) The program required by subparagraph(A)of paragraph(1)
7 of subdivision(c)of Section 65583 shall accommodate 100 percent
8 of the need for housing for very low and low-income households
9 allocated pursuant to Section 65584 for which site capacity has
10 not been identified in the inventory of sites pursuant to paragraph
11 (3) of subdivision (a) on sites that shall be zoned to permit
12 owner-occupied and rental multifamily residential use by right for
13 developments in which at least 20 percent of the units are
14 affordable to lower income households during the planning period.
15 These sites shall be zoned with minimum density and development
16 standards that permit at least 16 units per site at a density of at
17 least 16 units per acre in jurisdictions described in clause (i) of
18 subparagraph (B) of paragraph (3) of subdivision (c), shall be at
19 least 20 units per acre in jurisdictions described in clauses(iii)and
20 (iv) of subparagraph (B) of paragraph (3) of subdivision (c), and
21 shall meet the standards set forth in subparagraph(B)of paragraph
22 (5) of subdivision (b). At least 50 percent of the very low and
23 low-income housing need shall be accommodated on sites
24 designated for residential use and for which nonresidential uses
25 or mixed uses are not permitted, except that a city or county may
26 accommodate all of the very low and low-income housing need
27 on sites designated for mixed uses if those sites allow 100 percent
28 residential use and require that residential use occupy 50 percent
29 of the total floor area of a mixed-use project.
30 (i) For purposes of this section and Section 65583, the phrase
31 "use by right" shall mean that the local government's review of
32 the owner-occupied or multifamily residential use may not require
33 a conditional use permit,planned unit development permit,or other
34 discretionary local government review or approval that would
35 constitute a "project" for purposes of Division 13 (commencing
36 with Section 21000)of the Public Resources Code.Any subdivision
37 of the sites shall be subject to all laws, including, but not limited
38 to, the local government ordinance implementing the Subdivision
39 Map Act.A local ordinance may provide that"use by right" does
40 not exempt the use from design review. However, that design
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AB 1063 —28—
1 review shall not constitute a"project" for purposes of Division 13
2 (commencing with Section 21000) of the Public Resources Code.
3 Use by right for all rental multifamily residential housing shall be
4 provided in accordance with subdivision (f) of Section 65589.5.
5 0) For purposes of subdivisions(a)and(b),the department shall
6 provide guidance to local governments to properly survey, detail,
7 and account for sites listed pursuant to Section 65585.
8 (k) This section shall become operative on December 31,2028.
9 SEC. 4. Section 65585.5 is added to the Government Code, to
10 read:
11 65585.5. (a) For purposes of this section, "affected local
12 government" means a local government for which both of the
13 following apply:
14 (1) The local government is subject to a requirement that the
15 adoption or amendment of its housing element be approved by the
16 voters of the local government, including, but not limited to, a
17 requirement imposed by a charter adopted pursuant to Section 3
18 ofArticle XI of the California Constitution.
19 (2) The planning agency of the local government has submitted
20 a draft of the proposed revision of its housing element for the
21 applicable planning period to the department pursuant to Section
22 65585.
23 (b) Notwithstanding any other law, for the sixth and each
24 subsequent revision of the housing element, both of the following
25 shall apply:
26 (1) If an affected local government has submitted the applicable
27 revision of its housing element to the voters for approval before
28 the due date for its housing element pursuant to Section 65588,
29 but the voters have not yet voted on the housing element revision,
30 the affected local government shall not be subject to any fines or
31 other penalties pursuant to Section 65585 for failure to adopt its
32 housing element by the applicable due date pursuant to Section
33 65588. This paragraph shall only apply to an affected local
34 government until the date of the election at which the housing
35 element is submitted to the voters of the affected local government.
36 (2) Ifan affected local government has submitted the applicable
37 revision of its housing element to the voters for approval before
38 the due date for its housing element pursuant to Section 65588
39 and the voters have rejected the housing element, the affected local
40 government shall not be subject to any fines or other penalties
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1 pursuant to Section 65585 for failure to adopt its housing element
2 by the applicable date pursuant to Section 65588. However, in an
3 action brought by the Attorney General pursuant to Section 65585
4 against an affected local government described in this paragraph,
5 the court may order remedies available pursuant to Section 564
6 of the Code of Civil Procedure, under which the agent of the court
7 may take all governmental actions necessary to bring the
8 jurisdiction's housing element into substantial compliance pursuant
9 to this article in order to remedy identified deficiencies.
10 SECTION !. `'eetio ,nrrr00523 is aduet8 t3(ovefftment God
11 is rem:
12
13 of the state innovation waiver of Seetiott 133-2 of the federal ae
14
15 individttal and small group markets that are eonsistent with the
16 f�derai
17 (b) The I�egislatttfe also finds and deelares that if the stafe
18 proposes an innovafive strategy to offer eovefage in the inclividttal
19 ,
20 wottid be as aeeessible,eomprehetisive,and aff6rdable as eoverage
21 ,
22 of state residents eotnparable to the nttmber who wottld have been
23 eovefed ttndeir the federal aet with eoverage 4iat is equally of more
24 , and that wottid
26 (e) A waiver shall not be requested f�om the �4ttited States,
27
28
O
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AMENDED IN SENATE JUNE 18, 2020
AMENDED IN SENATE MAY 20, 2020
SENATE BILL No. 1120
Introduced by Senators Atkins, Caballero,Rubio, and Wiener
(Principal coauthor: Senator McGuire)
(Coauthors: Senators Lena Gonzalez, Hill,Roth, and Rubio and
Roth)
February 19, 2020
An act to amend Section 66452.6 of, and to add Sections 65852.21
and 66411.7 to, the Government Code, relating to land use.
LEGISLATIVE COUNSEL'S DIGEST
SB 1120, as amended, Atkins. Subdivisions: tentative maps.
The Planning and Zoning Law provides for the creation of accessory
dwelling units by local ordinance, or, if a local agency has not adopted
an ordinance, by ministerial approval, in accordance with specified
standards and conditions.
This biller would, among other things, require a proposed housing
development containing 2 residential units to be considered ministerially,
without discretionary review or hearing, in zones where allowable uses
are limited to single-family residential development if the proposed
housing development meets certain requirements, including that the
proposed housing development would not require demolition or
alteration requiring evacuation or eviction of an existing housing unit
that is subject to a recorded covenant, ordinance, or law that restricts
rents to levels affordable to persons and families of moderate, low, or
very low income.
The Subdivision Map Act vests the authority to regulate and control
the design and improvement of subdivisions in the legislative body of
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SB 1120 —2—
a local agency and sets forth procedures governing the local agency's
processing, approval, conditional approval or disapproval, and filing
of tentative,final, and parcel maps,and the modification of those maps.
Under the Subdivision Map Act,an approved or conditionally approved
tentative map expires 24 months after its approval or conditional
approval;approval or after any additional period of time as prescribed
by local ordinance, not to exceed an additional 12 months, except as
provided.
This biller would, among other things, require a city or county
to ministerially approve a parcel map for an urban lot split that meets
certain requirements,including that the parcel does not contain housing
that is subject to a recorded covenant, ordinance, or law that restricts
rents to levels affordable to persons and families of moderate, low, or
very low income.
The bill would also extend the limit on the additional period that may
be provided by ordinance, as described above, from 12 months to 24
months, months and would make other conforming or nonsubstantive
changes.
The California Environmental Quality Act (CEQA) requires a lead
agency, as defined, to prepare, or cause to be prepared, and certify the
completion of, an environmental impact report on a project that it
proposes to carry out or approve that may have a significant effect on
the environment. CEQA does not apply to the approval of ministerial
projects.
This bill, by establishing the ministerial review processes described
above, would thereby exempt the approval of projects subject to those
processes from CEQA.
By increasing the duties of local agencies with respect to land use
regulations, the bill would impose a state-mandated local program.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
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The people of the State of California do enact as follows:
1 SECTION 1. Section 65852.21 is added to the Government
2 Code, to read:
3 65852.21. (a) A proposed housing development containing
4 two residential units shall be considered ministerially, without
5 discretionary review or a hearing, in zones where allowable uses
6 are limited to single-family residential development,if the proposed
7 housing development meets all of the following requirements:
8 (1) The parcel subject to the proposed housing development is
9 located within a city the boundaries of which include some portion
10 of either an urbanized area or urban cluster, as designated by the
11 United States Census Bureau, or, for unincorporated areas, a legal
12 parcel wholly within the boundaries of an urbanized area or urban
13 cluster, as designated by the United States Census Bureau.
14 (2) The parcel satisfies the requirements specified in
15 subparagraphs(B)to(K),inclusive,of paragraph(6)of subdivision
16 (a) of Section 65913.4.
17 (3) The proposed housing development would not require
18 demolition or alteration requiring evacuation or eviction of an
19 existing housing unit of any of the following types of housing:
20 (A) Housing that is subject to a recorded covenant, ordinance,
21 or law that restricts rents to levels affordable to persons and
22 families of moderate, low, or very low income.
23 (B) Housing that is subject to any form of rent or price control
24 through a public entity's valid exercise of its police power.
25 (C) A parcel on which an owner of residential real property has
26 exercised the owner's rights under Chapter 12.75 (commencing
27 with Section 7060) of Division 7 of Title 1 to withdraw
28 accommodations from rent or lease within 15 years before the date
29 that the development proponent submits an application pursuant
30 to Section 65913.4.
31 (D) Housing that has been occupied by a tenant in the last three
32 years.
33 (4) The development is not located si—tet"hat,has been plated
34 an a tiatiotial, stafe, or loeal historie register: within a historic
35 district, as defined in Section 5020.1 of the Public Resources Code,
36 that is designated or listed as a city or county landmark or historic
37 property or district pursuant to a city or county ordinance.
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1 (b) (1) Notwithstanding any local law and except as provided
2 in paragraph (2), a city or county may impose objective zoning
3 and design standards that do not conflict with this section.
4 (2) The city or county shall not require the development project
5 to comply with an objective design standard that would prohibit
6 the development from including up to two units.
7 (c) (1) Except as provided in paragraph (2), subject to a local
8 ordinance that provides for a lower standard of parking, the
9 proposed development shall provide offstreet parking of up to one
10 space per unit.
11 (2) A local agency shall not impose parking requirements ifs
12 either of the following is true:
13 (A) The parcel is located within one-half mile walking distance
14 of . either a high-quality transit corridor, as defined
15 in subdivision (b) of Section 21155 of the Public Resources Code,
16 or a major transit stop, as defined in Section 21064.3 of the Public
17 Resources Code.
18
19 historieally signifieant histerie distrtiet-.
20 (,C—)
21 (B) There is a car share vehicle located within one block of the
22 parcel.
23 (d) (1) Except as provided in paragraphs (2) and (3), the
24 proposed housing development described in subdivision (a) shall
25 not require the demolition of more thanone existing exterior wall.-.
26 25 percent of the existing exterior structural walls.
27 (2) A proposed housing development may require the demolition
28 of more than one existing extetio., vvall 25 percent of the existing
29 exterior structural walls if a local ordinance so allows.
30 (3) A proposed housing development may require the demolition
31 of more than otte existing extetsior w 25 percent of the existing
32 exterior structural walls if the site has not been occupied by a
33 tenant in the last three years.
34 (e) A local agency may require, as part of the application for
35 a permit to create,pursuant to this section, a duplex connected to
36 an onsite water treatment system, a percolation test completed
37 within the last 5 years, or, if the percolation test has been
38 recertified, within the last 10 years.
39 69 A local agency shall require that a rental of any unit created
40 pursuant to this section be for a term longer than 30 days.
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1 {e.)
2 (g) Notwithstanding Section 65852.2, a local agency shall not
3 be required to permit an accessory dwelling unit on parcels that
4 use both the authority contained within this section and the
5 authority contained in Section 66411.7.
6 (f)
7 (h) A local agency may adopt an ordinance to implement the
8 provisions of this section.An ordinance adopted to implement this
9 section shall not be considered a project under Division 13
10 (commencing with Section 21000) of the Public Resources Code.
11 SEC. 2. Section 66411.7 is added to the Government Code,to
12 read:
13 66411.7. (a) Notwithstanding any other provision of this
14 division and any local law, a city or county shall ministerially
15 approve a parcel map for an urban lot split that meets all the
16 following requirements:
17 (1) The parcel map subdivides an existing parcel to create two
18 new parcels of equal size.
19 (2) (A) Except as provided in subparagraph (B), both newly
20 created parcels are no smaller than 1,200 square feet.
21 (B) A local agency may by ordinance adopt a smaller minimum
22 lot size to approve ministerially under this subdivision.
23 (3) The parcel being subdivided meets all the following
24 requirements:
25 (A) The parcel is zoned for residential use.
26 (B) The parcel is located within an urbanized area or urban
27 cluster.
28 (C) The parcel satisfies the requirements specified in
29 subparagraphs(B)to(K),inclusive,of paragraph(6)of subdivision
30 (a) of Section 65913.4.
31 (D) The parcel does not contain any of the following types of
32 housing:
33 (i) Housing that is subject to a recorded covenant, ordinance,
34 or law that restricts rents to levels affordable to persons and
35 families of moderate, low, or very low income.
36 (ii) Housing that is subject to any form of rent or price control
37 through a public entity's valid exercise of its police power.
38 (iii) A parcel or parcels on which an owner of residential real
39 property has exercised the owner's rights under Chapter 12.75
40 (commencing with Section 7060) of Division 7 of Title 1 to
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SB 1120 —6—
1 withdraw accommodations from rent or lease within 15 years
2 before the date that the development proponent submits an
3 application pursuant to Section 65913.4.
4 (iv) Housing that has been occupied by a tenant in the last three
5 years.
6 (E) The parcel is not locatedon a site that has been plaeed on
7 a national, state,or loeal historie fegi within a historic district,
8 as defined in Section 5020.1 of the Public Resources Code, that
9 is designated or listed as a city or county landmark or historic
10 property or district pursuant to a city or county ordinance.
11 (F) The parcel has not been established through prior exercise
12 of an urban lot split as provided for in this section.
13 (G) Neither the owner of the parcel being subdivided nor
14 any person acting in concert with the owner haste previously
15 subdivided an adjoining adjacent parcel using an urban lot split
16 as provided for in this section.
17 (b) An application for an urban lot split shall be approved in
18 accordance with the following requirements:
19 (1) A local agency shall approve or deny an application for an
20 urban lot split ministerially without discretionary review.
21 (2) Notwithstanding Section 66411.1, a local agency shall not
22 impose regulations that require dedications of rights-of-way or the
23 construction of reasonable offsite and onsite improvements for the
24 parcels being created as a condition of issuing a parcel map for an
25 urban lot split.
26 (c) A local agency may require any of the following conditions
27 when receiving a request for an urban lot split:
28 (1) Easements.
29 (2) A requirement that the parcels have access to,provide access
30 to, or adjoin the public right-of-way.
31 (3) Offstreet parking of up to one space per unit, except that a
32 local agency shall not impose parking requirements in-a-xy either
33 of the following instances:
34 (A) The parcel is located within one-half mile walking distance
35 of publie tran either a high-quality transit corridor as defined
36 in subdivision (b) of Section 21155 of the Public Resources Code,
37 or a major transit stop as defined in Section 21064.3 of the Public
38 Resources Code.
39
40 histofieally signifieant historie distriet-.
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—7— SB 1120
1 �
2 (B) There is a car share vehicle located within one block of the
3 parcel.
4 (d) (1) Except as provided in paragraph (2), notwithstanding
5 any local law, a city or county may impose objective zoning and
6 objective design standards applicable to a parcel created by an
7 urban lot split that do not conflict with this section.
8 (2) (A) A local agency shall not impose objective zoning or
9 objective design standards that reduce the buildable area on each
10 newly created parcel to less than 50 percent of the buildable area
11 on the parcel being subdivided.
12 (B) For the purposes of this paragraph, "buildable area"means
13 the area on the lot that remains after the application of zoning and
14 design standards and regulations that require dedications of
15 rights-of-way,easements,and the construction of reasonable offsite
16 and onsite improvements for the parcels being created.
17 (e) A local agency shall require that a rental of any unit created
18 pursuant to this section be for a term longer than 30 days.
19 ('e)
20 69 Notwithstanding Section 65852.2, a local agency shall not
21 be required to permit an accessory dwelling unit on parcels that
22 use both the authority contained within this section and the
23 authority contained in Section 65852.21.
24
25 (g) A local agency may adopt an ordinance to implement the
26 provisions of this section.An ordinance adopted to implement this
27 section shall not be considered a project under Division 13
28 (commencing with Section 21000) of the Public Resources Code.
29 SEC. 3. Section 66452.6 of the Government Code is amended
30 to read:
31 66452.6. (a) (1) An approved or conditionally approved
32 tentative map shall expire 24 months after its approval or
33 conditional approval, or after any additional period of time as may
34 be prescribed by local ordinance, not to exceed an additional 24
35 months. However, if the subdivider is required to expend two
36 hundred thirty-six thousand seven hundred ninety dollars
37 ($236,790) or more to construct, improve, or finance the
38 construction or improvement of public improvements outside the
39 property boundaries of the tentative map,excluding improvements
40 of public rights-of-way which abut the boundary of the property
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SB 1120 —8—
1 to be subdivided and which are reasonably related to the
2 development of that property,each filing of a final map authorized
3 by Section 66456.1 shall extend the expiration of the approved or
4 conditionally approved tentative map by 48 months from the date
5 of its expiration, as provided in this section, or the date of the
6 previously filed final map,whichever is later.The extensions shall
7 not extend the tentative map more than 10 years from its approval
8 or conditional approval. However, a tentative map on property
9 subject to a development agreement authorized by Article 2.5
10 (commencing with Section 65864)of Chapter 4 of Division 1 may
11 be extended for the period of time provided for in the agreement,
12 but not beyond the duration of the agreement. The number of
13 phased final maps that may be filed shall be determined by the
14 advisory agency at the time of the approval or conditional approval
15 of the tentative map.
16 (2) Commencing January 1, 2012, and each calendar year
17 thereafter, the amount of two hundred thirty-six thousand seven
18 hundred ninety dollars ($236,790) shall be annually increased by
19 operation of law according to the adjustment for inflation set forth
20 in the statewide cost index for class B construction,as determined
21 by the State Allocation Board at its January meeting.The effective
22 date of each annual adjustment shall be March 1. The adjusted
23 amount shall apply to tentative and vesting tentative maps whose
24 applications were received after the effective date of the
25 adjustment.
26 (3) "Public improvements,"as used in this subdivision, include
27 traffic controls, streets, roads, highways, freeways, bridges,
28 overcrossings, street interchanges, flood control or storm drain
29 facilities, sewer facilities, water facilities, and lighting facilities.
30 (b) (1) The period of time specified in subdivision(a),including
31 any extension thereof granted pursuant to subdivision (e), shall
32 not include any period of time during which a development
33 moratorium, imposed after approval of the tentative map, is in
34 existence.However,the length of the moratorium shall not exceed
35 five years.
36 (2) The length of time specified in paragraph (1) shall be
37 extended for up to three years, but in no event beyond January 1,
38 1992, during the pendency of any lawsuit in which the subdivider
39 asserts, and the local agency which approved or conditionally
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—9— SB 1120
1 approved the tentative map denies, the existence or application of
2 a development moratorium to the tentative map.
3 (3) Once a development moratorium is terminated, the map
4 shall be valid for the same period of time as was left to run on the
5 map at the time that the moratorium was imposed. However,if the
6 remaining time is less than 120 days, the map shall be valid for
7 120 days following the termination of the moratorium.
8 (c) The period of time specified in subdivision (a), including
9 any extension thereof granted pursuant to subdivision (e), shall
10 not include the period of time during which a lawsuit involving
11 the approval or conditional approval of the tentative map is or was
12 pending in a court of competent jurisdiction, if the stay of the time
13 period is approved by the local agency pursuant to this section.
14 After service of the initial petition or complaint in the lawsuit upon
15 the local agency,the subdivider may apply to the local agency for
16 a stay pursuant to the local agency's adopted procedures. Within
17 40 days after receiving the application,the local agency shall either
18 stay the time period for up to five years or deny the requested stay.
19 The local agency may, by ordinance, establish procedures for
20 reviewing the requests, including, but not limited to, notice and
21 hearing requirements,appeal procedures,and other administrative
22 requirements.
23 (d) The expiration of the approved or conditionally approved
24 tentative map shall terminate all proceedings and no final map or
25 parcel map of all or any portion of the real property included within
26 the tentative map shall be filed with the legislative body without
27 first processing a new tentative map. Once a timely filing is made,
28 subsequent actions of the local agency, including, but not limited
29 to,processing,approving,and recording,may lawfully occur after
30 the date of expiration of the tentative map. Delivery to the county
31 surveyor or city engineer shall be deemed a timely filing for
32 purposes of this section.
33 (e) Upon application of the subdivider filed before the expiration
34 of the approved or conditionally approved tentative map,the time
35 at which the map expires pursuant to subdivision (a) may be
36 extended by the legislative body or by an advisory agency
37 authorized to approve or conditionally approve tentative maps for
38 a period or periods not exceeding a total of six years. The period
39 of extension specified in this subdivision shall be in addition to
40 the period of time provided by subdivision (a). Before the
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SB 1120 —10—
I expiration of an approved or conditionally approved tentative map,
2 upon an application by the subdivider to extend that map,the map
3 shall automatically be extended for 60 days or until the application
4 for the extension is approved, conditionally approved, or denied,
5 whichever occurs first.If the advisory agency denies a subdivider's
6 application for an extension, the subdivider may appeal to the
7 legislative body within 15 days after the advisory agency has
8 denied the extension.
9 (f) For purposes of this section, a development moratorium
10 includes a water or sewer moratorium, or a water and sewer
I 1 moratorium, as well as other actions of public agencies which
12 regulate land use, development, or the provision of services to the
13 land, including the public agency with the authority to approve or
14 conditionally approve the tentative map,which thereafter prevents,
15 prohibits, or delays the approval of a final or parcel map. A
16 development moratorium shall also be deemed to exist for purposes
17 of this section for any period of time during which a condition
18 imposed by the city or county could not be satisfied because of
19 either of the following:
20 (1) The condition was one that,by its nature,necessitated action
21 by the city or county, and the city or county either did not take the
22 necessary action or by its own action or inaction was prevented or
23 delayed in taking the necessary action before expiration of the
24 tentative map.
25 (2) The condition necessitates acquisition of real property or
26 any interest in real property from a public agency, other than the
27 city or county that approved or conditionally approved the tentative
28 map, and that other public agency fails or refuses to convey the
29 property interest necessary to satisfy the condition. However,
30 nothing in this subdivision shall be construed to require any public
31 agency to convey any interest in real property owned by it. A
32 development moratorium specified in this paragraph shall be
33 deemed to have been imposed either on the date of approval or
34 conditional approval of the tentative map,if evidence was included
35 in the public record that the public agency which owns or controls
36 the real property or any interest therein may refuse to convey that
37 property or interest, or on the date that the public agency which
38 owns or controls the real property or any interest therein receives
39 an offer by the subdivider to purchase that property or interest for
40 fair market value, whichever is later. A development moratorium
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1 specified in this paragraph shall extend the tentative map up to the
2 maximum period as set forth in subdivision (b), but not later than
3 January 1, 1992, so long as the public agency which owns or
4 controls the real property or any interest therein fails or refuses to
5 convey the necessary property interest, regardless of the reason
6 for the failure or refusal, except that the development moratorium
7 shall be deemed to terminate 60 days after the public agency has
8 officially made, and communicated to the subdivider, a written
9 offer or commitment binding on the agency to convey the necessary
10 property interest for a fair market value,paid in a reasonable time
I I and manner.
12 SEC.4. The Legislature finds and declares that ensuring access
13 to affordable housing is a matter of statewide concern and not a
14 municipal affair as that term is used in Section 5 of Article XI of
15 the California Constitution.Therefore, Sections 1 and 2 of this act
16 adding Sections 65852.21 and 66411.7 to the Government Code
17 and Section 3 of this act amending Section 66452.6 of the
18 Government Code apply to all cities, including charter cities.
19 SEC. 5. No reimbursement is required by this act pursuant to
20 Section 6 of Article XIIIB of the California Constitution because
21 a local agency or school district has the authority to levy service
22 charges, fees, or assessments sufficient to pay for the program or
23 level of service mandated by this act,within the meaning of Section
24 17556 of the Government Code.
O
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AMENDED IN SENATE JUNE 18, 2020
AMENDED IN SENATE MAY 20, 2020
AMENDED IN SENATE MAY 6, 2020
SENATE BILL No. 1385
Introduced by Senators Caballero and Rubio
(Principal coauthors: Senators Atkins, Lena Gonzalez,Hertzberg,
McGuire, and Wiener)
(Coauthors: Senators HillDurazo, Galgiani,Hill,Hueso,and Roth)
February 21, 2020
An act to amend Sections 53339.6 and 65913.4 of,and to add Section
65852.23 to, the Government Code, relating to land use.
LEGISLATIVE COUNSEL'S DIGEST
SB 1385, as amended, Caballero. Local planning: housing:
commercial zones.
The Planning and Zoning Law requires each county and city 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.Existing
law requires that the housing element include, among other things, an
inventory of land suitable and available for residential development. If
the inventory of sites does not identify adequate sites to accommodate
the need for groups of all households pursuant to specified law,existing
law requires the local government to rezone sites within specified time
periods and that this rezoning accommodate 100% of the need for
housing for very low and low-income households on sites that will be
zoned to permit owner-occupied and rental multifamily residential use
by right for specified developments.
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SB 1385 —2—
This bill, the Neighborhood Homes Act, would deem a housing
development project, as defined, an ..,.mod allowable use on a
neighborhood lot that is zoned for office or retail commercial use under
a local agency's zoning code or general plan. The bill would require
the density for a housing development under these provisions to meet
or exceed the density deemed appropriate to accommodate housing for
lower income households according to the type of local jurisdiction,
including a density of at least 20 units per acre for a suburban
jurisdiction. The bill would require the housing development to meet
all other local requirements for a neighborhood lot zoned for office or
retail commercial use, other than those that prohibit residential use,
or allow residential use at a lower density than that required by the
bill. The bill would provide that a housing development under these
provisions is subject to the local zoning,parking,and design ordinances,
and any design review or other public notice, comment, hearing, or
procedure applicable to a housing development in a zone with the
applicable density. The bill would provide that the local zoning
designation applies if the existing zoning designation for the parcel
allows residential use at a density greater than that required by these
provisions. The bill would require a local agency to require that a rental
of any unit created pursuant to the bill's provisions be for a term longer
than 30 days. The bill would authorize a local agency that met its share
of the regional housing need, as specified, to exempt a neighborhood
lot from these provisions if the local agency concurrently reallocates
the lost residential density to other lots so that there is no net loss in
residential production capacity in the jurisdiction.The bill would specify
that it does not alter or affect the application of any housing,
environmental, or labor law applicable to a housing development
authorized by these provisions, including, but not limited to, the
California Coastal Act, the California Environmental Quality Act, the
Housing Accountability Act, obligations to affirmatively further fair
housing, and any state or local affordability laws or tenant protection
laws. The bill would require an applicant of a housing development
under these provisions to provide notice of a pending application to
each commercial tenant of the neighborhood lot.
The Housing Accountability Act, which is part of the Planning and
Zoning Law,prohibits a local agency from disapproving,or conditioning
approval in a manner that renders infeasible, a housing development
project, as defined for purposes of the act, for very low, low-, or
moderate-income households or an emergency shelter unless the local
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—3— SB 1385
agency makes specified written findings based on a preponderance of
the evidence in the record. That act states that it shall not be construed
to prohibit a local agency from requiring a housing development project
to comply with objective, quantifiable,written development standards,
conditions, and policies appropriate to, and consistent with, meeting
the jurisdiction's share of the regional housing need,except as provided.
That act further provides that a housing development project or
emergency shelter shall be deemed consistent, compliant, and in
conformity with an applicable plan, program, policy, ordinance,
standard, requirement, or other similar provision if there is substantial
evidence that would allow a reasonable person to conclude that the
housing development project or emergency shelter is consistent,
compliant, or in conformity.
The bill would provide that for purposes of the Housing
Accountability Act, a proposed housing development project is
consistent, compliant, and in conformity with an applicable plan,
program, policy, ordinance, standard, requirement, or other similar
provision if the housing development project is consistent with the
standards applied to the parcel pursuant to specified provisions of the
Neighborhood Homes:Act and if none of the square footage in the
project is designated for hotel, motel, bed and breakfast inn, or other
transient lodging use, except for a residential hotel, as defined.
The Planning and Zoning Law,until January 1,2026, also authorizes
a development proponent to submit an application for a multifamily
housing development that is subject to a streamlined, ministerial
approval process, as provided, and not subject to a conditional use
permit, if the development satisfies specified objective planning
standards, including a requirement that the site on which the
development is proposed is zoned for residential use or residential
mixed-use development, or has a general plan designation that allows
residential use or a mix of residential and nonresidential uses, with at
least '-/ of the square footage of the development designated for
residential use. Under that law, the proposed development is also
required to be consistent with objective zoning standards, objective
subdivision standards, and objective design review standards in effect
at the time the development is submitted to the local government.
This bill would permit the development to be proposed for a site
zoned for office or retail commercial use if the site has no existing
commercial or residential tenants on 50% or more of its total square
footage for a period of at least 3 years prior to the submission of the
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SB 1385 —4—
application. The bill would also provide that a project located on a
neighborhood lot,as defined, shall be deemed consistent with objective
zoning standards,objective design standards,and objective subdivision
standards if the project meets the standards applied to the parcel pursuant
to the Neighborhood Homes Act.
The Mello-Roos Community Facilities Act of 1982 authorizes a local
agency to establish a community facilities district to finance various
services, including police protection, fire protection, recreation
programs, and library services, and provides for the annexation of
territory to an existing community facilities district.
This bill would authorize an applicant seeking to develop a housing
project on a neighborhood lot to request that a local agency establish a
Mello-Roos Community Facilities District, or to request that the
neighborhood lot be annexed to an existing community facilities district,
as specified,to finance improvements and services to the units proposed
to be developed. The bill would prohibit any further proceedings to be
taken to annex the territory,or to authorize that annexation in the future,
for a period of one year from the decision of the legislative body at the
hearing on the annexation if a specified number or groups of persons,
including 50% or more of the registered voters or 6 registered voters,
whichever is more,residing within the territory proposed for annexation
or proposed to be annexed in the future, file written protests with the
legislative body. The bill would prohibit a local agency from imposing
any development, impact, or mitigation fee, charge, or exaction in
connection with the approval of a development project to the extent
that those facilities and services are funded by a community facilities
district established pursuant to these provisions.
By imposing new duties on local agencies with regard to local
planning and zoning, this bill would impose a state-mandated local
program.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
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—5— SB 1385
The people of the State of California do enact as follows:
1 SECTION 1. Section 53339.6 of the Government Code is
2 amended to read:
3 53339.6. (a) If 50 percent or more of the registered voters, or
4 six registered voters, whichever is more, residing within the
5 existing community facilities district, or if 50 percent or more of
6 the registered voters or six registered voters, whichever is more,
7 residing within the territory proposed for annexation or proposed
8 to be annexed in the future, or if the owners of one-half or more
9 of the area of land in the territory included in the existing district
10 and not exempt from special tax, or if the owners of one-half or
11 more of the area of land in the territory proposed to be annexed or
12 proposed to be annexed in the future and not exempt from the
13 special tax, file written protests against the proposed annexation
14 of territory to the existing community facilities district or the
15 proposed addition of territory to the existing community facilities
16 district in the future,and protests are not withdrawn so as to reduce
17 the protests to less than a majority,no further proceedings to annex
18 the same territory, or to authorize the same territory to be annexed
19 in the future, shall be undertaken for a period of one year from the
20 date of decision of the legislative body on the issues discussed at
21 the hearing.
22 (b) (1) This subdivision shall only apply to a proceeding to
23 annex or add territory that is zoned to allow residential use on a
24 neighborhood lot as provided in Section 65852.23.
25 (2) Notwithstanding subdivision (a), if 50 percent or more of
26 the registered voters or six registered voters, whichever is more,
27 residing within the territory proposed for annexation or proposed
28 to be annexed in the future, or if the owners of one-half or more
29 of the area of land in the territory proposed to be annexed or
30 proposed to be annexed in the future and not exempt from the
31 special tax, file written protests against the proposed annexation
32 of territory to the existing community facilities district or the
33 proposed addition of territory to the existing community facilities
34 district in the future,and protests are not withdrawn so as to reduce
35 the protests to less than a majority,no further proceedings to annex
36 the same territory, or to authorize the same territory to be annexed
37 in the future, shall be undertaken for a period of one year from the
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SB 1385 —6—
1 date of decision of the legislative body on the issues discussed at
2 the hearing.
3 SEC. 2. Section 65852.23 is added to the Government Code,
4 to read:
5 65852.23. (a) (1) This section shall be known, and may be
6 cited, as the Neighborhood Homes Act.
7 (2) The Legislature finds and declares that creating more
8 affordable housing is critical to the achievement of regional
9 housing needs assessment goals, and that housing units developed
10 at higher densities are affordable by design for California residents,
11 without the necessity of public subsidies, income eligibility,
12 occupancy restrictions, lottery procedures, or other legal
13 requirements applicable to deed restricted affordable housing to
14 serve very low and low-income residents and special needs
15 residents.
16 (b) A housing development project shall be deemed an
17 authorized allowable use on a neighborhood lot that is zoned for
18 office or retail commercial use under a local agency's zoning code
19 or general plan. A housing development on a neighborhood lot
20 authorized under this section shall be subject to all of the following:
21 (1) (A) The density for the housing development shall meet or
22 exceed the applicable density deemed appropriate to accommodate
23 housing for lower income households identified in st+pafagfap-h
24 . as
25 follows:
26 (i) For an incorporated city within a nonmetropolitan county
27 and for a nonmetropolitan county that has a micropolitan area,
28 sites allowing at least 15 units per acre.
29 (ii) For an unincorporated area in a nonmetropolitan county
30 not included in subparagraph (A), sites allowing at least 10 units
31 per acre.
32 (iii) For a suburban jurisdiction, sites allowing at least 20 units
33 per acre.
34 (iv) For a jurisdiction in a metropolitan county, sites allowing
35 at least 30 units per acre.
36 (B) "Metropolitan county," "nonmetropolitan county,"
37 "nonmetropolitan county with a micropolitan area," and
38 "suburban," shall have the same meanings as defined in
39 subdivisions (d), (e), and(j) of Section 65583.2.
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1 (2) (A) The housing development shall be subject to local
2 zoning, parking, design, and other ordinances applicable to a
3 housing development in a zone that meets the requirements of
4 paragraph (1).
5 (B) If more than one zoning designation of the local agency
6 meets the requirements of paragraph (1), the zoning standards
7 applicable to a parcel that allows residential use pursuant to this
8 section shall be the zoning standards that apply to the closest parcel
9 that allows residential use at a density that meets the requirements
10 of paragraph (1).
11 (C) If the existing zoning designation for the parcel,as adopted
12 by the local government,allows residential use at a density greater
13 than that required in paragraph (1), the local zoning designation
14 shall apply.
15 (3) The housing development shall comply with any design
16 review or other public notice, comment, hearing, or procedure
17 imposed by the local agency on a housing development in the
18 applicable zoning designation identified in paragraph (2).
19 (4) All other local requirements for a neighborhood lot zoned
20 for office or retail commercial use, other than those that prohibit
21 residential use, or allow residential use at a lower density than
22 provided in paragraph (1).
23 (c) A local agency shall require that a rental of any unit created
24 pursuant to this section be for a term longer than 30 days.
25 (e)
26 (d) (1) A local agency may exempt a neighborhood lot from
27 this section in its housing element if the local agency concurrently
28 reallocates the lost residential density to other lots so that there is
29 no net loss in residential production capacity in the jurisdiction.
30 (2) A local agency may reallocate the residential density from
31 an exempt neighborhood lot pursuant to this subdivision only upon
32 a finding by the local agency that the construction cost of the
33 reallocated housing units will not be greater than the construction
34 cost of housing units built under the applicable zoning standards
35 in paragraph (2) of subdivision (b).
36 (4)
37 (e) (1) This section does not alter or lessen the applicability of
38 any housing, environmental, or labor law applicable to a housing
39 development authorized by this section,including,but not limited
40 to, the following:
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1 (A) The California Coastal Act of 1976 (Division 20
2 (commencing with Section 30000)of the Public Resources Code)
3 (B) The California Environmental Quality Act (Division 13
4 (commencing with Section 21000)of the Public Resources Code).
5 (C) The Housing Accountability Act (Section 65589.5).
6 (D) The Density Bonus Law(Section 65915).
7 (E) Obligations to affirmatively further fair housing, pursuant
8 to Section 8899.50.
9 (F) State or local affordable housing laws.
10 (G) State or local tenant protection laws.
11 (2) All local demolition ordinances shall apply to a project
12 developed on a neighborhood lot.
13 (3) For purposes of the Housing Accountability Act (Section
14 65589.5),a proposed housing development project that is consistent
15 with the standards applied to the parcel pursuant to paragraph (2)
16 of subdivision (b) shall be deemed consistent, compliant, and in
17 conformity with an applicable plan, program, policy, ordinance,
18 standard, requirement, or other similar provision.
19 (e)
20 (fi An applicant for a housing development under this section
21 shall provide written notice of the pending application to each
22 commercial tenant on the neighborhood lot when the application
23 is submitted.
24 ff)
25 (g) (1) An applicant seeking to develop a housing project on a
26 neighborhood lot may request that a local agency establish a
27 Mello-Roos Community Facilities District, or may request that
28 the neighborhood lot be annexed to an existing community facilities
29 district, as authorized in Chapter 2.5 (commencing with Section
30 53311) of Part 1 of Division 2 of Title 5 to finance improvements
31 and services to the units proposed to be developed.
32 (2) An annexation to a community facilities district for a
33 neighborhood lot shall be subject to a protest proceeding as
34 provided in subdivision (b) of Section 53339.6.
35 (3) An applicant who voluntarily enrolls in the district shall not
36 be required to pay a development,impact,or mitigation fee,charge,
37 or exaction in connection with the approval of a development
38 project to the extent that those facilities and services are funded
39 by a community facilities district established pursuant to this
40 subdivision. This paragraph shall not prohibit a local agency from
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1 imposing any application, development, mitigation, building, or
2 other fee to fund the construction cost of public infrastructure
3 facilities or services that are not funded by a community facilities
4 district to support a housing development project.
5 (g)
6 (h) For purposes of this section:
7 (1) "Housing development project" means a use consisting of
8 any of the following:
9 (A) Residential units only.
10 (B) Mixed-use developments consisting of residential and
11 nonresidential commercial retail or office uses.None of the square
12 footage of any such development shall be designated for hotel,
13 motel, bed and breakfast inn, or other transient lodging use, except
14 for a residential hotel.
15 (2) "Local agency"means a city,including a charter city,county,
16 or a city and county.
17 (3) "Neighborhood lot" means a lot zoned for office or retail
18 commercial uses and an eligible site for a housing development
19 project pursuant to subdivision(b).
20 (4) "Residential hotel" has the same meaning as defined in
21 Section 50519 of the Health and Safety Code.
22 SEC. 3. Section 65913.4 of the Government Code is amended
23 to read:
24 65913.4. (a) A development proponent may submit an
25 application for a development that is subject to the streamlined,
26 ministerial approval process provided by subdivision (b) and is
27 not subject to a conditional use permit if the development satisfies
28 all of the following objective planning standards:
29 (1) The development is a multifamily housing development that
30 contains two or more residential units.
31 (2) The development is located on a site that satisfies all of the
32 following:
33 (A) A site that is a legal parcel or parcels located in a city if,
34 and only if, the city boundaries include some portion of either an
35 urbanized area or urban cluster,as designated by the United States
36 Census Bureau, or, for unincorporated areas, a legal parcel or
37 parcels wholly within the boundaries of an urbanized area or urban
38 cluster, as designated by the United States Census Bureau.
39 (B) A site in which at least 75 percent of the perimeter of the
40 site adjoins parcels that are developed with urban uses. For the
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1 purposes of this section,parcels that are only separated by a street
2 or highway shall be considered to be adjoined.
3 (C) (i) A site that meets the requirements of clause (ii) and
4 satisfies any of the following:
5 (I) The site is zoned for residential use or residential mixed-use
6 development.
7 (II) The site has a general plan designation that allows residential
8 use or a mix of residential and nonresidential uses.
9 (III) The site is zoned for office or retail commercial use and
10 has no existing commercial or residential tenants on 50 percent or
11 more of its total square footage for a period of at least three years
12 prior to the submission of the application.
13 (ii) A development on a site described in clause (i) shall have
14 at least two-thirds of the square footage of the development
15 designated for residential use. Additional density, floor area, and
16 units, and any other concession, incentive, or waiver of
17 development standards granted pursuant to the Density Bonus Law
18 in Section 65915 shall be included in the square footage
19 calculation. The square footage of the development shall not
20 include underground space, such as basements or underground
21 parking garages.
22 (3) (A) The development proponent has committed to record,
23 prior to the issuance of the first building permit, a land use
24 restriction or covenant providing that any lower or moderate
25 income housing units required pursuant to subparagraph (B) of
26 paragraph (4) shall remain available at affordable housing costs
27 or rent to persons and families of lower or moderate income for
28 no less than the following periods of time:
29 (i) Fifty-five years for units that are rented.
30 (ii) Forty-five years for units that are owned.
31 (B) The city or county shall require the recording of covenants
32 or restrictions implementing this paragraph for each parcel or unit
33 of real property included in the development.
34 (4) The development satisfies subparagraphs(A)and(B)below:
35 (A) Is located in a locality that the department has determined
36 is subject to this subparagraph on the basis that the number of units
37 that have been issued building permits,as shown on the most recent
38 production report received by the department, is less than the
39 locality's share of the regional housing needs,by income category,
40 for that reporting period. A locality shall remain eligible under
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1 this subparagraph until the department's determination for the next
2 reporting period.
3 (B) The development is subject to a requirement mandating a
4 minimum percentage of below market rate housing based on one
5 of the following:
6 (i) The locality did not submit its latest production report to the
7 department by the time period required by Section 65400, or that
8 production report reflects that there were fewer units of above
9 moderate-income housing issued building permits than were
10 required for the regional housing needs assessment cycle for that
11 reporting period. In addition, if the project contains more than 10
12 units of housing, the project does either of the following:
13 (1) The project dedicates a minimum of 10 percent of the total
14 number of units to housing affordable to households making at or
15 below 80 percent of the area median income. However, if the
16 locality has adopted a local ordinance that requires that greater
17 than 10 percent of the units be dedicated to housing affordable to
18 households making below 80 percent of the area median income,
19 that local ordinance applies.
20 (I1) (ia) If the project is located within the San Francisco Bay
21 area,the project,in lieu of complying with subclause(I),dedicates
22 20 percent of the total number of units to housing affordable to
23 households making below 120 percent of the area median income
24 with the average income of the units at or below 100 percent of
25 the area median income. However, a local ordinance adopted by
26 the locality applies if it requires greater than 20 percent of the units
27 be dedicated to housing affordable to households making at or
28 below 120 percent of the area median income,or requires that any
29 of the units be dedicated at a level deeper than 120 percent. In
30 order to comply with this subclause,the rent or sale price charged
31 for units that are dedicated to housing affordable to households
32 between 80 percent and 120 percent of the area median income
33 shall not exceed 30 percent of the gross income of the household.
34 (ib) For purposes of this subclause, "San Francisco Bay area"
35 means the entire area within the territorial boundaries of the
36 Counties of Alameda, Contra Costa, Marin, Napa, San Mateo,
37 Santa Clara, Solano,and Sonoma,and the City and County of San
38 Francisco.
39 (ii) The locality's latest production report reflects that there
40 were fewer units of housing issued building permits affordable to
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1 either very low income or low-income households by income
2 category than were required for the regional housing needs
3 assessment cycle for that reporting period,and the project seeking
4 approval dedicates 50 percent of the total number of units to
5 housing affordable to households making at or below 80 percent
6 of the area median income. However, if the locality has adopted
7 a local ordinance that requires that greater than 50 percent of the
8 units be dedicated to housing affordable to households making at
9 or below 80 percent of the area median income,that local ordinance
10 applies.
11 (iii) The locality did not submit its latest production report to
12 the department by the time period required by Section 65400, or
13 if the production report reflects that there were fewer units of
14 housing affordable to both income levels described in clauses (i)
15 and (ii) that were issued building permits than were required for
16 the regional housing needs assessment cycle for that reporting
17 period,the project seeking approval may choose between utilizing
18 clause (i) or(ii).
19 (C) (i) A development proponent that uses a unit of affordable
20 housing to satisfy the requirements of subparagraph (B)may also
21 satisfy any other local or state requirement for affordable housing,
22 including local ordinances or the Density Bonus Law in Section
23 65915, provided that the development proponent complies with
24 the applicable requirements in the state or local law.
25 (ii) A development proponent that uses a unit of affordable
26 housing to satisfy any other state or local affordability requirement
27 may also satisfy the requirements of subparagraph (B), provided
28 that the development proponent complies with applicable
29 requirements of subparagraph (B).
30 (iii) A development proponent may satisfy the affordability
31 requirements of subparagraph (B) with a unit that is restricted to
32 households with incomes lower than the applicable income limits
33 required in subparagraph (B).
34 (5) The development, excluding any additional density or any
35 other concessions,incentives,or waivers of development standards
36 granted pursuant to the Density Bonus Law in Section 65915, is
37 consistent with objective zoning standards, objective subdivision
38 standards, and objective design review standards in effect at the
39 time that the development is submitted to the local government
40 pursuant to this section.For purposes of this paragraph,"objective
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1 zoning standards," "objective subdivision standards," and
2 "objective design review standards" mean standards that involve
3 no personal or subjective judgment by a public official and are
4 uniformly verifiable by reference to an external and uniform
5 benchmark or criterion available and knowable by both the
6 development applicant or proponent and the public official before
7 submittal. These standards may be embodied in alternative
8 objective land use specifications adopted by a city or county, and
9 may include,but are not limited to,housing overlay zones, specific
10 plans, inclusionary zoning ordinances, and density bonus
11 ordinances, subject to the following:
12 (A) A development shall be deemed consistent with the objective
13 zoning standards related to housing density, as applicable, if the
14 density proposed is compliant with the maximum density allowed
15 within that land use designation, notwithstanding any specified
16 maximum unit allocation that may result in fewer units of housing
17 being permitted.
18 (B) In the event that objective zoning,general plan, subdivision,
19 or design review standards are mutually inconsistent, a
20 development shall be deemed consistent with the objective zoning
21 and subdivision standards pursuant to this subdivision if the
22 development is consistent with the standards set forth in the general
23 plan.
24 (C) The amendments to this subdivision made by the act adding
25 this subparagraph do not constitute a change in,but are declaratory
26 of, existing law.
27 (D) A project located on a neighborhood lot, as defined in
28 Section 65852.23,shall be deemed consistent with objective zoning
29 standards, objective design standards, and objective subdivision
30 standards if the project meets the standards applied to the parcel
31 pursuant to subdivision (b) of Section "�T 65852.23 and if
32 none of the square footage in the project is designated for hotel,
33 motel, bed and breakfast inn, or other transient lodging use, except
34 for a residential hotel. For purposes of this subdivision,
35 "residential hotel" shall have the same meaning as defined in
36 Section 50519 of the Health and Safety Code.
37 (6) The development is not located on a site that is any of the
38 following:
39 (A) A coastal zone, as defined in Division 20 (commencing
40 with Section 30000) of the Public Resources Code.
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1 (B) Either prime farmland or farmland of statewide importance,
2 as defined pursuant to United States Department of Agriculture
3 land inventory and monitoring criteria,as modified for California,
4 and designated on the maps prepared by the Farmland Mapping
5 and Monitoring Program of the Department of Conservation, or
6 land zoned or designated for agricultural protection or preservation
7 by a local ballot measure that was approved by the voters of that
8 jurisdiction.
9 (C) Wetlands, as defined in the United States Fish and Wildlife
10 Service Manual, Part 660 FW 2 (June 21, 1993).
11 (D) Within a very high fire hazard severity zone, as determined
12 by the Department of Forestry and Fire Protection pursuant to
13 Section 51178, or within a high or very high fire hazard severity
14 zone as indicated on maps adopted by the Department of Forestry
15 and Fire Protection pursuant to Section 4202 of the Public
16 Resources Code. This subparagraph does not apply to sites
1.7 excluded from the specified hazard zones by a local agency,
18 pursuant to subdivision (b) of Section 51179, or sites that have
19 adopted fire hazard mitigation measures pursuant to existing
20 building standards or state fire mitigation measures applicable to
21 the development.
22 (E) A hazardous waste site that is listed pursuant to Section
23 65962.5 or a hazardous waste site designated by the Department
24 of Toxic Substances Control pursuant to Section 25356 of the
25 Health- and Safety Code, unless the State Department of Public
26 Health, State Water Resources Control Board, or Department of
27 Toxic Substances Control has cleared the site for residential use
28 or residential mixed uses.
29 (F) Within a delineated earthquake fault zone as determined by
30 the State Geologist in any official maps published by the State
31 Geologist,unless the development complies with applicable seismic
32 protection building code standards adopted by the California
33 Building Standards Commission under the California Building
34 Standards Law (Part 2.5 (commencing with Section 18901) of
35 Division 13 of the Health and Safety Code), and by any local
36 building department under Chapter 12.2(commencing with Section
37 8875) of Division 1 of Title 2.
38 (G) Within a special flood hazard area subject to inundation by
39 the 1 percent annual chance flood(100-year flood) as determined
40 by the Federal Emergency Management Agency in any official
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1 maps published by the Federal Emergency Management Agency.
2 If a development proponent is able to satisfy all applicable federal
3 qualifying criteria in order to provide that the site satisfies this
4 subparagraph and is otherwise eligible for streamlined approval
5 under this section,a local government shall not deny the application
6 on the basis that the development proponent did not comply with
7 any additional permit requirement, standard, or action adopted by
8 that local government that is applicable to that site.A development
9 may be located on a site described in this subparagraph if either
10 of the following are met:
11 (i) The site has been subject to a Letter of Map Revision
12 prepared by the Federal Emergency Management Agency and
13 issued to the local jurisdiction.
14 (ii) The site meets Federal Emergency Management Agency
15 requirements necessary to meet minimum flood plain management
16 criteria of the National Flood Insurance Program pursuant to Part
17 59 (commencing with Section 59.1) and Part 60 (commencing
18 with Section 60.1) of Subchapter B of Chapter I of Title 44 of the
19 Code of Federal Regulations.
20 (H) Within a regulatory floodway as determined by the Federal
21 Emergency Management Agency in any official maps published
22 by the Federal Emergency Management Agency, unless the
23 development has received a no-rise certification in accordance
24 with Section 60.3(d)(3) of Title 44 of the Code of Federal
25 Regulations. If a development proponent is able to satisfy all
26 applicable federal qualifying criteria in order to provide that the
27 site satisfies this subparagraph and is otherwise eligible for
28 streamlined approval under this section, a local government shall
29 not deny the application on the basis that the development
30 proponent did not comply with any additional permit requirement,
31 standard, or action adopted by that local government that is
32 applicable to that site.
33 (I) Lands identified for conservation in an adopted natural
34 community conservation plan pursuant to the Natural Community
35 Conservation Planning Act(Chapter 10(commencing with Section
36 2800) of Division 3 of the Fish and Game Code), habitat
37 conservation plan pursuant to the federal Endangered Species Act
38 of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural
39 resource protection plan.
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1 (J) Habitat for protected species identified as candidate,
2 sensitive, or species of special status by state or federal agencies,
3 fully protected species, or species protected by the federal
4 Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.),
5 the California Endangered Species Act(Chapter 1.5 (commencing
6 with Section 2050) of Division 3 of the Fish and Game Code), or
7 the Native Plant Protection Act (Chapter 10 (commencing with
8 Section 1900) of Division 2 of the Fish and Game Code).
9 (K) Lands under conservation easement.
10 (7) The development is not located on a site where any of the
11 following apply:
12 (A) The development would require the demolition of the
13 following types of housing:
14 (i) Housing that is subject to a recorded covenant, ordinance,
15 or law that restricts rents to levels affordable to persons and
16 families of moderate, low, or very low income.
17 (ii) Housing that is subject to any form of rent or price control
18 through a public entity's valid exercise of its police power.
19 (iii) Housing that has been occupied by tenants within the past
20 10 years.
21 (B) The site was previously used for housing that was occupied
22 by tenants that was demolished within 10 years before the
23 development proponent submits an application under this section.
24 (C) The development would require the demolition of a historic
25 structure that was placed on a national, state, or local historic
26 register.
27 (D) The property contains housing units that are occupied by
28 tenants,and units at the property are,or were,subsequently offered
29 for sale to the general public by the subdivider or subsequent owner
30 of the property.
31 (8) The development proponent has done both of the following,
32 as applicable:
33 (A) Certified to the locality that either of the following is true,
34 as applicable:
35 (i) The entirety of the development is a public work for purposes
36 of Chapter 1 (commencing with Section 1720)of Part 7 of Division
37 2 of the Labor Code.
38 (ii) If the development is not in its entirety a public work, that
39 all construction workers employed in the execution of the
40 development will be paid at least the general prevailing rate of per
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1 diem wages for the type of work and geographic area, as
2 determined by the Director of Industrial Relations pursuant to
3 Sections 1773 and 1773.9 of the Labor Code, except that
4 apprentices registered in programs approved by the Chief of the
5 Division of Apprenticeship Standards may be paid at least the
6 applicable apprentice prevailing rate.If the development is subject
7 to this subparagraph, then for those portions of the development
8 that are not a public work all of the following shall apply:
9 (1) The development proponent shall ensure that the prevailing
10 wage requirement is included in all contracts for the performance
11 of the work.
12 (II) All contractors and subcontractors shall pay to all
13 construction workers employed in the execution of the work at
14 least the general prevailing rate of per diem wages, except that
15 apprentices registered in programs approved by the Chief of the
16 Division of Apprenticeship Standards may be paid at least the
17 applicable apprentice prevailing rate.
18 (III) Except as provided in subclause (V), all contractors and
19 subcontractors shall maintain and verify payroll records pursuant
20 to Section 1776 of the Labor Code and make those records
21 available for inspection and copying as provided therein.
22 (IV) Except as provided in subclause (V), the obligation of the
23 contractors and subcontractors to pay prevailing wages may be
24 enforced by the Labor Commissioner through the issuance of a
25 civil wage and penalty assessment pursuant to Section 1741 of the
26 Labor Code, which may be reviewed pursuant to Section 1742 of
27 the Labor Code, within 18 months after the completion of the
28 development, by an underpaid worker through an administrative
29 complaint or civil action, or by a joint labor-management
30 committee through a civil action under Section 1771.2 of the Labor
31 Code. If a civil wage and penalty assessment is issued, the
32 contractor, subcontractor, and surety on a bond or bonds issued to
33 secure the payment of wages covered by the assessment shall be
34 liable for liquidated damages pursuant to Section 1742.1 of the
35 Labor Code.
36 (V) Subclauses (III) and (IV) shall not apply if all contractors
37 and subcontractors performing work on the development are subject
38 to a project labor agreement that requires the payment of prevailing
39 wages to all construction workers employed in the execution of
40 the development and provides for enforcement of that obligation
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1 through an arbitration procedure. For purposes of this clause,
2 "project labor agreement" has the same meaning as set forth in
3 paragraph (1) of subdivision (b) of Section 2500 of the Public
4 Contract Code.
5 (VI) Notwithstanding subdivision (c) of Section 1773.1 of the
6 Labor Code, the requirement that employer payments not reduce
7 the obligation to pay the hourly straight time or overtime wages
8 found to be prevailing shall not apply if otherwise provided in a
9 bona fide collective bargaining agreement covering the worker.
10 The requirement to pay at least the general prevailing rate of per
11 diem wages does not preclude use of an alternative workweek
12 schedule adopted pursuant to Section 511 or 514 of the Labor
13 Code.
14 (B) (i) For developments for which any of the following
15 conditions apply, certified that a skilled and trained workforce
16 shall be used to complete the development if the application is
17 approved:
18 (I) On and after January 1, 2018, until December 31, 2021, the
19 development consists of 75 or more units with a residential
20 component that is not 100 percent subsidized affordable housing
21 and will be located within a jurisdiction located in a coastal or bay
22 county with a population of 225,000 or more.
23 (II) On and after January 1,2022,until December 31,2025,the
24 development consists of 50 or more units with a residential
25 component that is not 100 percent subsidized affordable housing
26 and will be located within a jurisdiction located in a coastal or bay
27 county with a population of 225,000 or more.
28 (III) On and after January 1, 2018, until December 31, 2019,
29 the development consists of 75 or more units with a residential
30 component that is not 100 percent subsidized affordable housing
31 and will be located within a jurisdiction with a population of fewer
32 than 550,000 and that is not located in a coastal or bay county.
33 (IV) On and after January 1, 2020, until December 31, 2021,
34 the development consists of more than 50 units with a residential
35 component that is not 100 percent subsidized affordable housing
36 and will be located within a jurisdiction with apopulation of fewer
37 than 550,000 and that is not located in a coastal or bay county.
38 (V) On and after January 1,2022,until December 31,2025,the
39 development consists of more than 25 units with a residential
40 component that is not 100 percent subsidized affordable housing
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1 and will be located within a jurisdiction with a population of fewer
2 than 550,000 and that is not located in a coastal or bay county.
3 (ii) For purposes of this section,"skilled and trained workforce"
4 has the same meaning as provided in Chapter 2.9 (commencing
5 with Section 2600) of Part 1 of Division 2 of the Public Contract
6 Code.
7 (iii) If the development proponent has certified that a skilled
8 and trained workforce will be used to complete the development
9 and the application is approved, the following shall apply:
10 (I) The applicant shall require in all contracts for the
11 performance of work that every contractor and subcontractor at
12 every tier will individually use a skilled and trained workforce to
13 complete the development.
14 (II) Every contractor and subcontractor shall use a skilled and
15 trained workforce to complete the development.
16 (III) Except as provided in subclause (IV), the applicant shall
17 provide to the locality, on a monthly basis while the development
18 or contract is being performed,a report demonstrating compliance
19 with Chapter 2.9 (commencing with Section 2600) of Part 1 of
20 Division 2 of the Public Contract Code.A monthly report provided
21 to the locality pursuant to this subclause shall be a public record
22 under the California Public Records Act(Chapter 3.5 (commencing
23 with Section 6250) of Division 7 of Title 1) and shall be open to
24 public inspection. An applicant that fails to provide a monthly
25 report demonstrating compliance with Chapter 2.9 (commencing
26 with Section 2600) of Part 1 of Division 2 of the Public Contract
27 Code shall be subject to a civil penalty of ten thousand dollars
28 ($10,000)per month for each month for which the report has not
29 been provided.Any contractor or subcontractor that fails to use a
30 skilled and trained workforce shall be subject to a civil penalty of
31 two hundred dollars ($200) per day for each worker employed in
32 contravention of the skilled and trained workforce requirement.
33 Penalties may be assessed by the Labor Commissioner within 18
34 months of completion of the development using the same
35 procedures for issuance of civil wage and penalty assessments
36 pursuant to Section 1741 of the Labor Code, and may be reviewed
37 pursuant to the same procedures in Section 1742 of the Labor
38 Code. Penalties shall be paid to the State Public Works
39 Enforcement Fund.
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1 (IV) Subclause (III) shall not apply if all contractors and
2 subcontractors performing work on the development are subject
3 to a project labor agreement that requires compliance with the
4 skilled and trained workforce requirement and provides for
5 enforcement of that obligation through an arbitration procedure.
6 For purposes of this subparagraph, "project labor agreement"has
7 the same meaning as set forth in paragraph (1) of subdivision (b)
8 of Section 2500 of the Public Contract Code.
9 (C) Notwithstanding subparagraphs(A)and(B),a development
10 that is subject to approval pursuant to this section is exempt from
11 any requirement to pay prevailing wages or use a skilled and
12 trained workforce if it meets both of the following:
13 (i) The project includes 10 or fewer units.
14 (ii) The project is not a public work for purposes of Chapter 1
15 (commencing with Section 1720) of Part 7 of Division 2 of the
16 Labor Code.
17 (9) The development did not or does not involve a subdivision
18 of a parcel that is,or,notwithstanding this section,would otherwise
19 be, subject to the Subdivision Map Act (Division 2 (commencing
20 with Section 66410)) or any other applicable law authorizing the
21 subdivision of land, unless the development is consistent with all
22 objective subdivision standards in the local subdivision ordinance,
23 and either of the following apply:
24 (A) The development has received or will receive financing or
25 funding by means of a low-income housing tax credit and is subject
26 to the requirement that prevailing wages be paid pursuant to
27 subparagraph (A) of paragraph (8).
28 (B) The development is subject to the requirement that
29 prevailing wages be paid,and a skilled and trained workforce used,
30 pursuant to paragraph (8).
31 (10) The development shall not be upon an existing parcel of
32 land or site that is governed under the Mobilehome Residency Law
33 (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2
34 of Division 2 of the Civil Code), the Recreational Vehicle Park
35 Occupancy Law (Chapter 2.6 (commencing with Section 799.20)
36 of Title 2 of Part 2 of Division 2 of the Civil Code), the
37 Mobilehome Parks Act(Part 2.1 (commencing with Section 18200)
38 of Division 13 of the Health and Safety Code), or the Special
39 Occupancy Parks Act(Part 2.3 (commencing with Section 18860)
40 of Division 13 of the Health and Safety Code).
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1 (b) (1) If a local government determines that a development
2 submitted pursuant to this section is in conflict with any of the
3 objective planning standards specified in subdivision (a), it shall
4 provide the development proponent written documentation of
5 which standard or standards the development conflicts with, and
6 an explanation for the reason or reasons the development conflicts
7 with that standard or standards, as follows:
8 (A) Within 60 days of submittal of the development to the local
9 government pursuant to this section if the development contains
10 150 or fewer housing units.
11 (B) Within 90 days of submittal of the development to the local
12 government pursuant to this section if the development contains
13 more than 150 housing units.
14 (2) If the local government fails to provide the required
15 documentation pursuant to paragraph (1), the development shall
16 be deemed to satisfy the objective planning standards specified in
17 subdivision (a).
18 (3) For purposes of this section, a development is consistent
19 with the objective planning standards specified in subdivision (a)
20 if there is substantial evidence that would allow a reasonable person
21 to conclude that the development is consistent with the objective
22 planning standards.
23 (c) (1) Any design review or public oversight of the
24 development may be conducted by the local government's planning
25 commission or any equivalent board or commission responsible
26 for review and approval of development projects,or the city council
27 or board of supervisors, as appropriate. That design review or
28 public oversight shall be objective and be strictly focused on
29 assessing compliance with criteria required for streamlined projects,
30 as well as any reasonable objective design standards published
31 and adopted by ordinance or resolution by a local jurisdiction
32 before submission of a development application, and shall be
33 broadly applicable to development within the jurisdiction. That
34 design review or public oversight shall be completed as follows
35 and shall not in any way inhibit, chill, or preclude the ministerial
36 approval provided by this section or its effect, as applicable:
37 (A) Within 90 days of submittal of the development to the local
38 government pursuant to this section if the development contains
39 150 or fewer housing units.
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1 (B) Within 180 days of submittal of the development to the
2 local government pursuant to this section if the development
3 contains more than 150 housing units.
4 (2) If the development is consistent with the requirements of
5 subparagraph (A) or (B) of paragraph (9) of subdivision (a) and
6 is consistent with all objective subdivision standards in the local
7 subdivision ordinance, an application for a subdivision pursuant
8 to the Subdivision Map Act(Division 2(commencing with Section
9 66410)) shall be exempt from the requirements of the California
10 Environmental Quality Act(Division 13 (commencing with Section
11 21000) of the Public Resources Code) and shall be subject to the
12 public oversight timelines set forth in paragraph(1).
13 (d) (1) Notwithstanding any other law, a local government,
14 whether or not it has adopted an ordinance governing automobile
15 parking requirements in multifamily developments, shall not
16 impose automobile parking standards for a streamlined
17 development that was approved pursuant to this section in any of
18 the following instances:
19 (A) The development is located within one-half mile of public
20 transit.
21 (B) The development is located within an architecturally and
22 historically significant historic district.
23 (C) When on-street parking permits are required but not offered
24 to the occupants of the development.
25 (D) When there is a car share vehicle located within one block
26 of the development.
27 (2) If the development does not fall within any of the categories
28 described in paragraph (1),the local government shall not impose
29 automobile parking requirements for streamlined developments
30 approved pursuant to this section that exceed one parking space
31 per unit.
32 (e) (1) If a local government approves a development pursuant
33 to this section, then, notwithstanding any other law, that approval
34 shall not expire if the project includes public investment in housing
35 affordability,beyond tax credits,where 50 percent of the units are
36 affordable to households making at or below 80 percent of the area
37 median income.
38 (2) (A) If a local government approves a development pursuant
39 to this section and the project does not include 50 percent of the
40 units affordable to households making at or below 80 percent of
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1 the area median income, that approval shall remain valid for three
2 years from the date of the final action establishing that approval,
3 or if litigation is filed challenging that approval, from the date of
4 the final judgment upholding that approval.Approval shall remain
5 valid for a project provided that vertical construction of the
6 development has begun and is in progress. For purposes of this
7 subdivision, "in progress" means one of the following:
8 (i) The construction has begun and has not ceased for more than
9 180 days.
10 (ii) If the development requires multiple building permits, an
11 initial phase has been completed, and the project proponent has
12 applied for and is diligently pursuing a building permit for a
13 subsequent phase, provided that once it has been issued, the
14 building permit for the subsequent phase does not lapse.
15 (B) Notwithstanding subparagraph(A),a local government may
16 grant a project a one-time, one-year extension if the project
17 proponent can provide documentation that there has been
18 significant progress toward getting the development construction
19 ready, such as filing a building permit application.
20 (3) If a local government approves a development pursuant to
21 this section, that approval shall remain valid for three years from
22 the date of the final action establishing that approval and shall
23 remain valid thereafter for a project so long as vertical construction
24 of the development has begun and is in progress.Additionally,the
25 development proponent may request, and the local government
26 shall have discretion to grant, an additional one-year extension to
27 the original three-year period. The local government's action and
28 discretion in determining whether to grant the foregoing extension
29 shall be limited to considerations and processes set forth in this
30 section.
31 (f) (1) A local government shall not adopt or impose any
32 requirement, including, but not limited to, increased fees or
33 inclusionary housing requirements,that applies to a project solely
34 or partially on the basis that the project is eligible to receive
35 ministerial or streamlined approval pursuant to this section.
36 (2) A local government shall issue a subsequent permit required
37 for a development approved under this section if the application
38 substantially complies with the development as it was approved
39 pursuant to subdivision (b). Upon receipt of an application for a
40 subsequent permit, the local government shall process the permit
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1 without unreasonable delay and shall not impose any procedure
2 or requirement that is not imposed on projects that are not approved
3 pursuant to this section. Issuance of subsequent permits shall
4 implement the approved development, and review of the permit
5 application shall not inhibit, chill, or preclude the development.
6 For purposes of this paragraph, a "subsequent permit" means a
7 permit required subsequent to receiving approval under subdivision
8 (b), and includes, but is not limited to, demolition, grading, and
9 building permits and final maps, if necessary.
10 (g) (1) This section shall not affect a development proponent's
11 ability to use any alternative streamlined by right permit processing
12 adopted by a local government, including the provisions of
13 subdivision (i) of Section 65583.2.
14 (2) This section shall not prevent a development from also
15 qualifying as a housing development project entitled to the
16 protections of Section 65589.5.This paragraph does not constitute
17 a change in, but is declaratory of, existing law.
18 (h) The California Environmental Quality Act (Division 13
19 (commencing with Section 21000)of the Public Resources Code)
20 does not apply to actions taken by a state agency,local government,
21 or the San Francisco Bay Area Rapid Transit District to:
22 (1) Lease, convey, or encumber land owned by the local
23 government or the San Francisco Bay Area Rapid Transit District
24 or to facilitate the lease, conveyance, or encumbrance of land
25 owned by the local government, or for the lease of land owned by
26 the San Francisco Bay Area Rapid Transit District in association
27 with an eligible TOD project, as defined pursuant to Section
28 29010.1 of the Public Utilities Code, nor to any decisions
29 associated with that lease, or to provide financial assistance to a
30 development that receives streamlined approval pursuant to this
31 section that is to be used for housing for persons and families of
32 very low, low, or moderate income, as defined in Section 50093
33 of the Health and Safety Code.
34 (2) Approve improvements located on land owned by the local
35 government or the San Francisco Bay Area Rapid Transit District
36 that are necessary to implement a development that receives
37 streamlined approval pursuant to this section that is to be used for
38 housing for persons and families of very low, low, or moderate
39 income,as defined in Section 50093 of the Health and Safety Code.
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1 (i) For purposes of this section, the following terms have the
2 following meanings:
3 (1) "Affordable housing cost"has the same meaning as set forth
4 in Section 50052.5 of the Health and Safety Code.
5 (2) "Affordable rent" has the same meaning as set forth in
6 Section 50053 of the Health and Safety Code.
7 (3) "Department" means the Department of Housing and
8 Community Development.
9 (4) "Development proponent"means the developer who submits
10 an application for streamlined approval pursuant to this section.
11 (5) "Completed entitlements" means a housing development
12 that has received all the required land use approvals or entitlements
13 necessary for the issuance of a building permit.
14 (6) "Locality" or"local government" means a city, including a
15 charter city, a county, including a charter county, or a city and
16 county, including a charter city and county.
17 (7) "Moderate income housing units"means housing units with
18 an affordable housing cost or affordable rent for persons and
19 families of moderate income, as that term is defined in Section
20 50093 of the Health and Safety Code.
21 (8) "Production report"means the information reported pursuant
22 to subparagraph(H)of paragraph(2) of subdivision(a)of Section
23 65400.
24 (9) "State agency" includes every state office, officer,
25 department,division,bureau,board,and commission,but does not
26 include the California State University or the University of
27 California.
28 (10) "Subsidized" means units that are price or rent restricted
29 such that the units are affordable to households meeting the
30 definitions of very low and lower income, as defined in Sections
31 50079.5 and 50105 of the Health and Safety Code.
32 (11) "Reporting period" means either of the following:
33 (A) The first half of the regional housing needs assessment
34 cycle.
35 (B) The last half of the regional housing needs assessment cycle.
36 (12) "Urban uses" means any current or former residential,
37 commercial,public institutional,transit or transportation passenger
38 facility, or retail use, or any combination of those uses.
39 0) The department may review, adopt, amend, and repeal
40 guidelines to implement uniform standards or criteria that
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1 supplement or clarify the terms, references, or standards set forth
2 in this section. Any guidelines or terms adopted pursuant to this
3 subdivision shall not be subject to Chapter 3.5 (commencing with
4 Section 11340)of Part 1 of Division 3 of Title 2 of the Government
5 Code.
6 (k) The determination of whether an application for a
7 development is subject to the streamlined ministerial approval
8 process provided by subdivision (b) is not a "project" as defined
9 in Section 21065 of the Public Resources Code.
10 (0 It is the policy of the state that this section be interpreted and
11 implemented in a manner to afford the fullest possible weight to
12 the interest of,and the approval and provision of,increased housing
13 supply.
14 (m) This section shall remain in effect only until January 1,
15 2026, and as of that date is repealed.
16 SEC. 4. No reimbursement is required by this act pursuant to
17 Section 6 of Article XIIIB of the California Constitution because
18 a local agency or school district has the authority to levy service
19 charges, fees, or assessments sufficient to pay for the program or
20 level of service mandated by this act,within the meaning of Section
21 17556 of the Government Code.
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Senate Constitutional Amendment No. 1
Introduced by Senators Allen and Wiener
(Coauthor: Senator Lara)
December 3, 2018
Senate Constitutional Amendment No. 1A resolution to propose
to the people of the State of California an amendment to the Constitution
of the State, by repealing Article XXXIV thereof, relating to public
housing projects.
LEGISLATIVE COUNSEL'S DIGEST
SCA 1, as introduced, Allen. Public housing projects.
The California Constitution prohibits the development, construction,
or acquisition of a low-rent housing project, as defined, in any manner
by any state public body until a majority of the qualified electors of the
city, town, or county in which the development, construction, or
acquisition of the low-rent housing project is proposed approve the
project by voting in favor at an election, as specified.
This measure would repeal these provisions.
Vote: 2/3. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
1 Resolved by the Senate, the Assembly concurring, That the
2 Legislature of the State of California at its 2018-19 Regular
3 Session commencing on the third day of December 2018,
4 two-thirds of the membership of each house concurring, hereby
5 proposes to the people of the State of California, that the
6 Constitution of the State be amended as follows:
7 That Article XXXIV thereof is repealed.
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AMENDED IN SENATE JUNE 18, 2020
AMENDED IN SENATE APRIL 1, 2020
SENATE BILL No. 1299
Introduced by Senator Portantino
(Coauthors:Senators Beall and Galgiani)
February 21, 2020
An act to add Chapter 2.9 (commencing with Section 50495)to Part
2 of Division 31 of the Health and Safety Code, relating to housing.
LEGISLATIVE COUNSEL'S DIGEST
SB 1299,as amended,Portantino.Housing development: incentives:
rezoning of idle retail sites.
Existing law establishes, among other housing programs, the
Workforce Housing Reward Program, which requires the Department
of Housing and Community Development to make local assistance
grants to cities, counties, and cities and counties that provide land use
approval to housing developments that are affordable to very low and
low-income households.
This bill, upon appropriation by the Legislature, would require the
department to administer a program to provide incentives in the form
of grants allocated as provided to local governments that rezone idle
sites used for a big box retailer or a commercial shopping center to
instead allow the development of workforce housing. The bill would
define various terms for these purposes. In order to be eligible for a
grant, the bill would require a local government, among other things,
to apply to the department for an allocation of grant funds and provide
documentation that it has met specified requirements. The bill would
make the allocation of these grants subject to appropriation by the
Legislature. The bill would require the department to issue a Notice of
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SB 1299 —2—
Funding Availability for each calendar year in which funds are made
available for these purposes. The bill would require that the amount of
grant awarded to each eligible local government be equal to the average
amount of annual sales and use tax revenue generated by each idle site
identified in the local government's application over the 7 years
immediately preceding the date of the local government's application,
subject to certain modifications, and that the local government receive
this amount for each of the 7 years following the date of the local
government's application.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. Chapter 2.9 (commencing with Section 50495)
2 is added to Part 2 of Division 31 of the Health and Safety Code,
3 to read:
4
5 CHAPTER 2.9. RETAIL SITE REZONING INCENTIVES
6
7 50495. For purposes of this chapter:
8 (a) "Big box retailer"means a store of greater than 75,000 square
9 feet of gross buildable area that generates or previously generated
10 sales or use tax pursuant to the Bradley-Burns Uniform Local Sales
11 and Use Tax Law (Part 1.5 (commencing with Section 7200) of
12 Division 2 of the Revenue and Taxation Code).
13 (b) "Commercial shopping center" means a group of two or
14 more stores that maintain a common parking lot for patrons of
15 those stores.
16 (c) "Idle"means that at least 80 percent of the leased or rentable
17 square footage of the big box retailer or commercial shopping
18 center site is not occupied for at least a 12-month calendar period.
19 (d) "Local government"means a city,county,or city and county.
20 (e) "NOFA" means Notice of Funding Availability.
21 (f) "Sales and use tax revenue" means the cumulative amount
22 of revenue generated by taxes imposed by a local government in
23 accordance with both of the following laws:
24 (1) The Bradley-Burns Uniform Local Sales and Use Tax Law
25 (Part 1.5 (commencing with Section 7200) of Division 2 of the
26 Revenue and Taxation Code).
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1 (2) The Transactions and Use Tax Law (Part 1.6 (commencing
2 with Section 7251) of Division 2 of the Revenue and Taxation
3 Code).
4 (g) (1) "Use by right"means that the local government's review
5 of a workforce housing does not require a conditional use permit,
6 planned unit development permit, or other discretionary local
7 government review or approval that would constitute a "project"
8 for purposes of Division 13 (commencing with Section 21000) of
9 the Public Resources Code. Any subdivision of the sites shall be
10 subject to all laws, including, but not limited to, the local
11 government ordinance implementing the Subdivision Map Act
12 (Division 2 (commencing with Section 66410) of Title 7 of the
13 Government Code).
14 (2) A local ordinance may provide that "use by right" does not
15 exempt the use from design review. However, that design review
16 shall not constitute a "project" for purposes of Division 13
17 (commencing with Section 21000) of the Public Resources Code.
18 (h) "Workforce housing" means an owner-occupied or rental
19 housing development with an affordable housing cost or affordable
20 rent to households with a household income greater than or equal
21 to 80 percent of the area median income, but no more than 120
22 percent of the area median income, for the area in which the big
23 box retailer or commercial shopping center site is located, as
24 determined pursuant to Section 50093.
25 50495.2. Upon appropriation by the Legislature,the department
26 shall administer a program to provide incentives in the form of
27 grants allocated in accordance with this chapter to local
28 governments that rezone idle sites used for a big box retailer or a
29 commercial shopping center to instead allow the development of
30 workforce housing.
31 50495.4. In order to be eligible for a grant under this chapter,
32 a local government shall do all of the following:
33 (a) Rezone one or more idle sites used for a big box retailer or
34 commercial shopping center to allow workforce housing as a use
35 by right.
36 (b) Approve and issue a certificate of occupancy for a workforce
37 housing development on each site rezoned pursuant to subdivision
38 (a) for which the local government seeks an incentive pursuant to
39 this chapter.
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SB 1299 —4—
1 (c) Apply to the department for an allocation of grant funds and
2 provide documentation that it has complied with the requirements
3 of this section.
4 50495.6. (a) Upon appropriation by the Legislature for
5 purposes of this chapter, the department shall allocate a grant to
6 each local government that meets the criteria specified in Section
7 50495.4 in an amount determined pursuant to subdivision(b). For
8 each calendar year in which funds are made available for purposes
9 of this chapter, the department shall issue a NOFA for the
10 distribution of funds to a local government during the 12-month
11 period subsequent to the NOFA. The department shall accept
12 applications from applicants at the end of the 12-month period.
13 (b) The amount of grant provided to each eligible local
14 government, in each year for which the local government may
15 receive an allocation pursuant to subdivision (c), shall be as
16 follows:
17 (1) Subject to paragraphs(2)and(3),the annual amount of grant
18 shall be equal to the average amount of annual sales and use tax
19 revenue generated by each idle site identified in the local
20 government's application that meets the criteria specified in
21 subdivisions (a) and (b) of Section 50495.4 over the seven years
22 immediately preceding the date of the local government's
23 application.
24 (2) For any idle big box retailer or commercial shopping center
25 site rezoned by a local government in accordance with subdivision
26 (a) of Section 50495.4 to allow mixed uses, the amount of grant
27 pursuant to paragraph (1) shall be reduced in proportion to the
28 percentage of the square footage of the development that is used
29 for a use other than workforce housing.
30 (3) If for any NOFA the amount of funds made available for
31 purposes of this chapter is insufficient to provide each eligible
32 local government with the full amount specified in paragraphs (1)
33 and (2), based on the number of applications received, the
34 department shall reduce the amount of grant funds awarded to each
35 eligible local government proportionally.
36 (c) The department shall allocate the amount determined
37 pursuant to subdivision (b) to each eligible local government
38 annually for each of the seven years following the date of the local
39 government's application.
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—5— SB 1299
1
2
3
4 Gode.
5 50495.8. The department may review, adopt, amend, and repeal
6 guidelines to implement uniform standards or criteria that
7 supplement or clarify the terms, references, or standards set forth
8 in this chapter. Any guidelines or terms adopted pursuant to this
9 chapter shall not be subject to Chapter 3.5 (commencing with
10 Section 11340) of Part I of Division 3 of Title 2 ofthe Government
11 Code.
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AMENDED IN ASSEMBLY MAY 22, 2020
AMENDED IN ASSEMBLY MAY 11, 2020
CALIFORNIA LEGISLATURE-2019-20 REGULAR SESSION
ASSEMBLY BILL No. 2345
Introduced by Assembly Members Gonzalez and Chiu
February 18, 2020
An act to amend—S-ee im Sections 65400 and 65915 of the
Government Code, relating to housing.
LEGISLATIVE COUNSEL'S DIGEST
AB 2345, as amended, Gonzalez. Planning and zoning: density
bonuses: annual report: affordable housing.
Existing
(1) The Planning and Zoning Law requires a city or county to adopt
a general plan for land use development within its boundaries that
includes, among other things, a housing element. That law requires the
planning agency of a city or county to provide by April I of each year
an annual report to, among other entities, the Department of Housing
and Community Development that includes, among other specified
information, the number of net new units of housing that have been
issued a completed entitlement, a building permit, or a certificate of
occupancy, thus far in the housing element cycle, as provided.
This bill would require that the annual report include specified
information regarding density bonuses granted in accordance with
specified law.
(2) Existing law, known as the Density Bonus Law, requires a-eity
or eotinty city, county, or city and county to provide a developer that
proposes a housing development within the jurisdictional boundaries
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AB 2345 —2—
of that city, county, or city and county with a density
bonus and other incentives or concessions for the production of lower
income housing units, or for the donation of land within the
development,if the developer agrees to construct a specified percentage
of units for very low income, low-income, or moderate-income
households or qualifying residents and meets other requirements.
Existing law provides for the calculation of the amount of density bonus
for each type of housing development that qualifies under these
provisions. Existing law specifies the number of incentives or
concessions that an applicant can receive.Existing law-speeif t-s requires
that an applicants receive 3 incentives or concessions for projects
that include at least 30%of the total units for lower income households,
at least 15%for very low income households,or at least 30%for persons
or families of moderate income in a common interest development.
Existing law speeiftes requires that an applicants receive 4
incentives or concessions for projects in which 100% of the total units
are for lower income households, as specified.
This bill,instead,would authorize an applicant to receive 3 incentives
or concessions for projects that include at least 30% of the total units
for lower income households, at least 12% of the total units for very
low income households, or at least 30% for persons or families of
moderate income in a common interest development. The bill would
also authorize an applicant to receive 4 and 5 incentives or concessions,
as applicable, for projects in which greater percentages of the total units
are for lower income households, very low income households, or for
persons or families of moderate income in a common interest
development, as specified. The bill would also authorize an applicant
to receive 6 incentives or concessions for projects in which 100% of
the total units are for lower income households, as specified.
Existing law provides that a housing development that receives a
waiver from any maximum controls on density, as specified, shall not
be is not eligible for,and shall not_..e-i--e'prohibits such a development
from receiving, a waiver or reduction of development standards.
This bill, instead, would provide that a housing development that
receives a waiver from any maximum controls on density, shall-only
be is only eligible for a specified waiver or reduction of development
standards,unless the city,county,or city and county agrees to additional
waivers or reductions of development standards.
Existing law specifies that the density bonus, or the amount of the
density increase over the otherwise allowable gross residential density,
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-3— AB 2345
to which an applicant is entitled varies according to the amount by
which the percentage of affordable housing units in a development
exceeds a specified base percentage for units for lower income
households, very low income households, senior citizens, persons and
families of moderate income,transitional foster youth,or lower income
students,as specified.Existing law authorizes a maximum density bonus
of 35% for a housing development in which 20% or more of the total
units are for lower income households. Existing law authorizes a
maximum density bonus of 35% for a housing development in which
11% or more of the total units are for very low income households.
Existing law authorizes a maximum density bonus of 35% for housing
developments in which 40% or more of the total units are for persons
and families of moderate income.
This bill would include a maximum density bonus for a housing
development in which 16% of the total units are for lower income
households and would increase the maximum density bonus, to up to
50%, for construction of a housing development in which a greater
percentage than that described above of total units are for lower income
households, very low income households, and persons and families of
moderate income, as specified.
By adding to the duties of local planning officials with respect to the
award of density bonuses,this bill would impose a state-mandated local
program.
Existing law speeifies ,
(3) Existing law prohibits, except as provided,upon the request of a
developer, a city, county, or city and county shall not tseqttire from
requiring a vehicular parking ratio for a development that qualifies for
a density bonus that exceeds specified amounts of onsite parking per
bedroom. Existing law also specifies the parking ratios applicable to a
development that include a maximum percentage of low-income or
very low income units, that is located within % mile of a transit stop,
and that provides unobstructed access to the transit stop from the
development.
This bill would decrease the maximum ratio of vehicular parking for
developments with 2 to 3 bedrooms, as specified.This bill would define
the term "natural or constructed impediments" for purposes of
determining whether a development has unobstructed access to a transit
stop.The bill would-speeify require that the measurement of the distance
of a development from a transit stopl be measured from any point
on the property of the proposed development to any point on the property
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AB 2345 —4—
where the transit stop is located. The bill would authorize a developer
to request that a city, county, or city and county not impose vehicular
parking standards if the development meets specified ,
affordability requirements and either (A) provides unobstructed access
to a major transit stop, as defined, or (B) is a for-rent housing
development for individuals who are 62 years of age or o'�,-att4 older
that will have either paratransit service or unobstructed access to a fixed
bus route, as specified.
(4) Existing law requires a city, county, or city and county to adopt
an ordinance that species how it will implement the Density Bonus
Law, but provides that failure to adopt an ordinance does not relieve
a city, county, or city and county from complying with that law. Existing
law also authorizes a city, county, or city and county, if permitted by
local ordinance, to grant a density bonus greater than what is described
in the Density Bonus Law or to grant a proportionately lower density
bonus than what is required by the Density Bonus Law for developments
that do not meet the requirements of that law.
This bill, notwithstanding any other law, would provide that a city,
county, or city and county that has adopted an ordinance pursuant to
the Density Bonus Law that, as of the date immediately prior to the
effective date of bill,provides for density bonuses that exceed the density
bonuses required by the Density Bonus Law is not required to amend
or otherwise update its ordinance to comply with the amendments made
by this bill.
(5) By adding to the duties of local planning officials with respect
to preparing and submitting the above-described annual report to the
Department of Housing and Community Development and awarding
density bonuses, this bill would impose a state-mandated local program.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. Section 65400 of the Government Code is
2 amended to read.•
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1 65400. (a) After the legislative body has adopted all or part
2 of a general plan, the planning agency shall do both of the
3 following:
4 (1) Investigate and make recommendations to the legislative
5 body regarding reasonable and practical means for implementing
6 the general plan or element of the general plan, so that it will serve
7 as an effective guide for orderly growth and development,
8 preservation and conservation of open-space land and natural
9 resources, and the efficient expenditure of public funds relating to
10 the subjects addressed in the general plan.
11 (2) Provide by April 1 of each year an annual report to the
12 legislative body, the Office of Planning and Research, and the
13 Department of Housing and Community Development that includes
14 all of the following:
15 (A) The status of the plan and progress in its implementation.
16 (B) The progress in meeting its share of regional housing needs
17 determined pursuant to Section 65584 and local efforts to remove
18 governmental constraints to the maintenance, improvement, and
19 development of housing pursuant to paragraph(3) of subdivision
20 (c) of Section 65583.
21 The housing element portion of the annual report, as required
22 by this paragraph, shall be prepared through the use of standards,
23 forms, and definitions adopted by the Department of Housing and
24 Community Development. The department may review, adopt,
25 amend, and repeal the standards, forms, or definitions, to
26 implement this article.Any standards,forms,or definitions adopted
27 to implement this article shall not be subject to Chapter 3.5
28 (commencing with Section 11340) of Part 1 of Division 3 of Title
29 2. Before and after adoption of the forms, the housing element
30 portion of the annual report shall include a section that describes
31 the actions taken by the local government towards completion of
32 the programs and status of the local government's compliance with
33 the deadlines in its housing element.That report shall be considered
34 at an annual public meeting before the legislative body where
35 members of the public shall be allowed to provide oral testimony
36 and written comments.
37 The report may include the number of units that have been
38 substantially rehabilitated, converted from nonaffordable to
39 affordable by acquisition, and preserved consistent with the
40 standards set forth in paragraph (2) of subdivision (c) of Section
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1 65583.1. The report shall document how the units meet the
2 standards set forth in that subdivision.
3 (C) The number of housing development applications received
4 in the prior year.
5 (D) The number of units included in all development
6 applications in the prior year.
7 (E) The number of units approved and disapproved in the prior
8 year.
9 (F) The degree to which its approved general plan complies
10 with the guidelines developed and adopted pursuant to Section
11 65040.2 and the date of the last revision to the general plan.
12 (G) A listing of sites rezoned to accommodate that portion of
13 the city's or county's share of the regional housing need for each
14 income level that could not be accommodated on sites identified
15 in the inventory required by paragraph (1) of subdivision (c) of
16 Section 65583 and Section 65584.09.The listing of sites shall also
17 include any additional sites that may have been required to be
18 identified by Section 65863.
19 (H) The number of net new units of housing, including both
20 rental housing and for-sale housing and any units that the County
21 of Napa or the City of Napa may report pursuant to an agreement
22 entered into pursuant to Section 65584.08, that have been issued
23 a completed entitlement, a building permit, or a certificate of
24 occupancy, thus far in the housing element cycle, and the income
25 category, by area median income category, that each unit of
26 housing satisfies. That production report shall, for each income
27 category described in this subparagraph, distinguish between the
28 number of rental housing units and the number of for-sale units
29 that satisfy each income category. The production report shall
30 include, for each entitlement, building permit, or certificate of
31 occupancy,a unique site identifier that must include the assessor's
32 parcel number,but may include street address,or other identifiers.
33 (I) The number of applications submitted pursuant to subdivision
34 (a) of Section 65913.4, the location and the total number of
35 developments approved pursuant to subdivision (b) of Section
36 65913.4, the total number of building permits issued pursuant to
37 subdivision (b) of Section 65913.4, the total number of units
38 including both rental housing and for-sale housing by area median
39 income category constructed using the process provided for in
40 subdivision (b) of Section 65913.4.
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1 (J) If the city or county has received funding pursuant to the
2 Local Government Planning Support Grants Program(Chapter 3.1
3 (commencing with Section 50515) of Part 2 of Division 31 of the
4 Health and Safety Code), the information required pursuant to
5 subdivision(a)of Section 50515.04 of the Health and Safety Code.
6 (K) The following information with respect to density bonuses
7 granted in accordance with Section 65915:
8 (1) The number of density bonus applications received by the
9 city or county.
10 (ii) The number of density bonus applications approved by the
I 1 city or county.
12 (iii) Data from a sample of projects, selected by the planning
13 agency, approved to receive a density bonus from the city or
14 county, including, but not limited to, the percentage of density
15 bonus received, the percentage of affordable units in the project,
16 the number of other incentives or concessions granted to the
17 project, and any waiver or reduction of parking standards for the
18 project.
19 (K)
20 (L) The Department of Housing and Community Development
21 shall post a report submitted pursuant to this paragraph on its
22 internet website within a reasonable time of receiving the report.
23 (b) If a court finds, upon a motion to that effect, that a city,
24 county, or city and county failed to submit, within 60 days of the
25 deadline established in this section, the housing element portion
26 of the report required pursuant to subparagraph (B) of paragraph
27 (2) of subdivision (a) that substantially complies with the
28 requirements of this section, the court shall issue an order or
29 judgment compelling compliance with this section within 60 days.
30 If the city, county, or city and county fails to comply with the
31 court's order within 60 days, the plaintiff or petitioner may move
32 for sanctions, and the court may, upon that motion, grant
33 appropriate sanctions. The court shall retain jurisdiction to ensure
34 that its order or judgment is carried out. If the court determines
35 that its order or judgment is not carried out within 60 days, the
36 court may issue further orders as provided by law to ensure that
37 the purposes and policies of this section are fulfilled. This
38 subdivision applies to proceedings initiated on or after the first
39 day of October following the adoption of forms and definitions by
40 the Department of Housing and Community Development pursuant
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1 to paragraph(2) of subdivision (a),but no sooner than six months
2 following that adoption.
3 SEG: ON ,
4 SEC. 2. Section 65915 of the Government Code is amended
5 to read:
6 65915. (a) (1) When an applicant seeks a density bonus for
7 a housing development within, or for the donation of land for
8 housing within,the jurisdiction of a city,county,or city and county,
9 that local government shall comply with this section. A city,
10 county, or city and county shall adopt an ordinance that specifies
11 how compliance with this section will be implemented. Failtre
12 Except as otherwise provided in subdivision (s),failure to adopt
13 an ordinance shall not relieve a city, county, or city and county
14 from complying with this section.
15 (2) A local government shall not condition the submission,
16 review, or approval of an application pursuant to this chapter on
17 the preparation of an additional report or study that is not otherwise
18 required by state law,including this section.This subdivision does
19 not prohibit a local government from requiring an applicant to
20 provide reasonable documentation to establish eligibility for a
21 requested density bonus, incentives or concessions, as described
22 in subdivision(d),waivers or reductions of development standards,
23 as described in subdivision(e), and parking ratios, as described in
24 subdivision (p).
25 (3) In order to provide for the expeditious processing of a density
26 bonus application, the local government shall do all of the
27 following:
28 (A) Adopt procedures and timelines for processing a density
29 bonus application.
30 (B) Provide a list of all documents and information required to
31 be submitted with the density bonus application in order for the
32 density bonus application to be deemed complete. This list shall
33 be consistent with this chapter.
34 (C) Notify the applicant for a density bonus whether the
35 application is complete in a manner consistent with the timelines
36 specified in Section 65943.
37 (D) (i) If the local government notifies the applicant that the
38 application is deemed complete pursuant to subparagraph (C),
39 provide the applicant with a determination as to the following
40 matters:
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1 (I) The amount of density bonus, calculated pursuant to
2 subdivision (f), for which the applicant is eligible.
3 (II) If the applicant requests a parking ratio pursuant to
4 subdivision(p),the parking ratio for which the applicant is eligible.
5 (lII) If the applicant requests incentives or concessions pursuant
6 to subdivision (d) or waivers or reductions of development
7 standards pursuant to subdivision (e), whether the applicant has
8 provided adequate information for the local government to make
9 a determination as to those incentives, concessions, or waivers or
10 reductions of development standards.
1 1 (ii) Any determination required by this subparagraph shall be
12 based on the development project at the time the application is
13 deemed complete. The local government shall adjust the amount
14 of density bonus and parking ratios awarded pursuant to this section
15 based on. any changes to the project during the course of
16 development.
17 (b) (1) A city,county,or city and county shall grant one density
18 bonus, the amount of which shall be as specified in subdivision
19 (f), and, if requested by the applicant and consistent with the
20 applicable requirements of this section,incentives or concessions,
21 as described in subdivision (d), waivers or reductions of
22 development standards,as described in subdivision(e),and parking
23 ratios, as described in subdivision (p), when an applicant for a
24 housing development seeks and agrees to construct a housing
25 development, excluding any units permitted by the density bonus
26 awarded pursuant to this section,that will contain at least any one
27 of the following:
28 (A) Ten percent of the total units of a housing development for
29 lower income households, as defined in Section 50079.5 of the
30 Health and Safety Code.
31 (B) Five percent of the total units of a housing development for
32 very low income households, as defined in Section 50105 of the
33 Health and Safety Code.
34 (C) A senior citizen housing development,as defined in Sections
35 51.3 and 51.12 of the Civil Code,or a mobilehome park that limits
36 residency based on age requirements for housing for older persons
37 pursuant to Section 798.76 or 799.5 of the Civil Code.
38 (D) Ten percent of the total dwelling units in a common interest
39 development, as defined in Section 4100 of the Civil Code, for
40 persons and families of moderate income, as defined in Section
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1 50093 of the Health and Safety Code,provided that all units in the
2 development are offered to the public for purchase.
3 (E) Ten percent of the total units of a housing development for
4 transitional foster youth, as defined in Section 66025.9 of the
5 Education Code, disabled veterans, as defined in Section 18541,
6 or homeless persons, as defined in the federal McKinney-Vento
7 Homeless Assistance Act(42 U.S.C. Sec. 11301 et seq.).The units
8 described in this subparagraph shall be subject to a recorded
9 affordability restriction of 55 years and shall be provided at the
10 same affordability level as very low income units.
11 (F) (i) Twenty percent of the total units for lower income
12 students in a student housing development that meets the following
13 requirements:
14 (I) All units in the student housing development will be used
15 exclusively for undergraduate, graduate, or professional students
16 enrolled full time at an institution of higher education accredited
17 by the Western Association of Schools and Colleges or the
18 Accrediting Commission for Community and Junior Colleges. In
19 order to be eligible under this subclause, the developer shall, as a
20 condition of receiving a certificate of occupancy,provide evidence
21 to the city,county,or city and county that the developer has entered
22 into an operating agreement or master lease with one or more
23 institutions of higher education for the institution or institutions
24 to occupy all units of the student housing development with
25 students from that institution or institutions. An operating
26 agreement or master lease entered into pursuant to this subclause
27 is not violated or breached if, in any subsequent year,there are not
28 sufficient students enrolled in an institution of higher education
29 to fill all units in the student housing development.
30 (11) The applicable 20-percent units will be used for lower
31 income students. For purposes of this clause, "lower income
32 students"means students who have a household income and asset
33 level that does not exceed the level for Cal Grant A or Cal Grant
34 B award recipients as set forth in paragraph (1) of subdivision (k)
35 of Section 69432.7 of the Education Code. The eligibility of a
36 student under this clause shall be verified by an affidavit, award
37 letter, or letter of eligibility provided by the institution of higher
38 education that the student is enrolled in, as described in subclause
39 (I), or by the California Student Aid Commission that the student
40 receives or is eligible for financial aid, including an institutional
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1 grant or fee waiver, from the college or university, the California
2 Student Aid Commission, or the federal government shall be
3 sufficient to satisfy this subclause.
4 (III) The rent provided in the applicable units of the development
5 for lower income students shall be calculated at 30 percent of 65
6 percent of the area median income for a single-room occupancy
7 unit type.
8 (IV) The development will provide priority for the applicable
9 affordable units for lower income students experiencing
10 homelessness.A homeless service provider,as defined in paragraph
11 (3) of subdivision (e) of Section 103577 of the Health and Safety
12 Code, or institution of higher education that has knowledge of a
13 person's homeless status may verify a person's status as homeless
14 for purposes of this subclause.
15 (ii) For purposes of calculating a density bonus granted pursuant
16 to this subparagraph,the term"unit"as used in this section means
17 one rental bed and its pro rata share of associated common area
18 facilities.The units described in this subparagraph shall be subject
19 to a recorded affordability restriction of 55 years.
20 (G) One hundred percent of the total units, exclusive of a
21 manager's unit or units, are for lower income households, as
22 defined by Section 50079.5 of the Health and Safety Code,except
23 that up to 20 percent of the total units in the development may be
24 for moderate-income households, as defined in Section 50053 of
25 the Health and Safety Code.
26 (2) For purposes of calculating the amount of the density bonus
27 pursuant to subdivision (f), an applicant who requests a density
28 bonus pursuant to this subdivision shall elect whether the bonus
29 shall be awarded on the basis of subparagraph (A), (B), (C), (D),
30 (E), (F), or(G) of paragraph (1).
31 (3) For the purposes of this section,"total units,""total dwelling
32 units," or "total rental beds" does not include units added by a
33 density bonus awarded pursuant to this section or any local law
34 granting a greater density bonus.
35 (c) (1) (A) An applicant shall agree to, and the city, county,
36 or city and county shall ensure, the continued affordability of all
37 very low and low-income rental units that qualified the applicant
38 for the award of the density bonus for 55 years or a longer period
39 of time if required by the construction or mortgage financing
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1 assistance program,mortgage insurance program,or rental subsidy
2 program.
3 (B) (i) Except as otherwise provided in clause(ii),rents for the
4 lower income density bonus units shall be set at an affordable rent,
5 as defined in Section 50053 of the Health and Safety Code.
6 (ii) For housing developments meeting the criteria of
7 subparagraph(G) of paragraph(1) of subdivision(b),rents for all
8 units in the development, including both base density and density
9 bonus units, shall be as follows:
10 (I) The rent for at least 20 percent of the units in the
11 development shall be set at an affordable rent,as defined in Section
12 50053 of the Health and Safety Code.
13 (II) The rent for the remaining units in the development shall
14 be set at an amount consistent with the maximum rent levels for
15 a housing development that receives an allocation of state or federal
16 low-income housing tax credits from the California Tax Credit
17 Allocation Committee.
18 (2) An applicant shall agree to, and the city, county, or city and
19 county shall ensure that, the initial occupant of all for-sale units
20 that qualified the applicant for the award of the density bonus are
21 persons and families of very low, low, or moderate income, as
22 required, and that the units are offered at an affordable housing
23 cost, as that cost is defined in Section 50052.5 of the Health and
24 Safety Code.The local government shall enforce an equity sharing
25 agreement,unless it is in conflict with the requirements of another
26 public funding source or law. The following apply to the equity
27 sharing agreement:
28 (A) Upon resale, the seller of the unit shall retain the value of
29 any improvements,the downpayment,and the seller's proportionate
30 share of appreciation. The local government shall recapture any
31 initial subsidy,as defined in subparagraph(B),and its proportionate
32 share of appreciation, as defined in subparagraph (C), which
33 amount shall be used within five years for any of the purposes
34 described in subdivision (e) of Section 33334.2 of the Health and
35 Safety Code that promote home ownership.
36 (B) For purposes of this subdivision, the local government's
37 initial subsidy shall be equal to the fair market value of the home
38 at the time of initial sale minus the initial sale price to the
39 moderate-income household,plus the amount of any downpayment
40 assistance or mortgage assistance. If upon resale the market value
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1 is lower than the initial market value,then the value at the time of
2 the resale shall be used as the initial market value.
3 (C) For purposes of this subdivision, the local government's
4 proportionate share of appreciation shall be equal to the ratio of
5 the local government's initial subsidy to the fair market value of
6 the home at the time of initial sale.
7 (3) (A) An applicant shall be ineligible for a density bonus or
8 any other incentives or concessions under this section if the housing
9 development is proposed on any property that includes a parcel or
10 parcels on which rental dwelling units are or,if the dwelling units
11 have been vacated or demolished in the five-year period preceding
12 the application, have been subject to a recorded covenant,
13 ordinance,or law that restricts rents to levels affordable to persons
14 and families of lower or very low income; subject to any other
15 form of rent or price control through a public entity's valid exercise
16 of its police power; or occupied by lower or very low income
17 households, unless the proposed housing development replaces
18 those units, and either of the following applies:
19 (i) The proposed housing development, inclusive of the units
20 replaced pursuant to this paragraph, contains affordable units at
21 the percentages set forth in subdivision (b).
22 (ii) Each unit in the development, exclusive of a manager's unit
23 or units, is affordable to, and occupied by, either a lower or very
24 low income household.
25 (B) For the purposes of this paragraph, "replace" shall mean
26 either of the following:
27 (i) If any dwelling units described in subparagraph (A) are
28 occupied on the date of application, the proposed housing
29 development shall provide at least the same number of units of
30 equivalent size to be made available at affordable rent or affordable
31 housing cost to, and occupied by,persons and families in the same
32 or lower income category as those households in occupancy. If
33 the income category of the household in occupancy is not known,
34 it shall be rebuttably presumed that lower income renter households
35 occupied these units in the same proportion of lower income renter
36 households to all renter households within the jurisdiction, as
37 determined by the most recently available data from the United
38 States Department of Housing and Urban Development's
39 Comprehensive Housing Affordability Strategy database. For
40 unoccupied dwelling units described in subparagraph (A) in a
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1 development with occupied units, the proposed housing
2 development shall provide units of equivalent size to be made
3 available at affordable rent or affordable housing cost to, and
4 occupied by, persons and families in the same or lower income
5 category as the last household in occupancy.If the income category
6 of the last household in occupancy is not known, it shall be
7 rebuttably presumed that lower income renter households occupied
8 these units in the same proportion of lower income renter
9 households to all renter households within the jurisdiction, as
10 determined by the most recently available data from the United
11 States Department of Housing and Urban Development's
12 Comprehensive Housing Affordability Strategy database. All
13 replacement calculations resulting in fractional units shall be
14 rounded up to the next whole number.If the replacement units will
15 be rental dwelling units, these units shall be subject to a recorded
16 affordability restriction for at least 55 years. If the proposed
17 development is for-sale units, the units replaced shall be subject
18 to paragraph (2).
19 (ii) If all dwelling units described in subparagraph (A) have
20 been vacated or demolished within the five-year period preceding
21 the application, the proposed housing development shall provide
22 at least the same number of units of equivalent size as existed at
23 the highpoint of those units in the five-year period preceding the
24 application to be made available at affordable rent or affordable
25 housing cost to, and occupied by,persons and families in the same
26 or lower income category as those persons and families in
27 occupancy at that time, if known. If the incomes of the persons
28 and families in occupancy at the highpoint is not known, it shall
29 be rebuttably presumed that low-income and very low income
30 renter households occupied these units in the same proportion of
31 low-income and very low income renter households to all renter
32 households within the jurisdiction, as determined by the most
33 recently available data from the United States Department of
34 Housing and Urban Development's Comprehensive Housing
35 Affordability Strategy database. All replacement calculations
36 resulting in fractional units shall be rounded up to the next whole
37 number. If the replacement units will be rental dwelling units,
38 these units shall be subject to a recorded affordability restriction
39 for at least 55 years. If the proposed development is for-sale units,
40 the units replaced shall be subject to paragraph (2).
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1 (C) Notwithstanding subparagraph (B), for any dwelling unit
2 described in subparagraph (A)that is or was, within the five-year
3 period preceding the application, subject to a form of rent or price
4 control through a local government's valid exercise of its police
5 power and that is or was occupied by persons or families above
6 lower income, the city, county, or city and county may do either
7 of the following:
8 (i) Require that the replacement units be made available at
9 affordable rent or affordable housing cost to, and occupied by,
10 low-income persons or families. If the replacement units will be
11 rental dwelling units, these units shall be subject to a recorded
12 affordability restriction for at least 55 years. If the proposed
13 development is for-sale units, the units replaced shall be subject
14 to paragraph (2).
15 (ii) Require that the units be replaced in compliance with the
16 jurisdiction's rent or price control ordinance, provided that each
17 unit described in subparagraph (A) is replaced. Unless otherwise
18 required by the jurisdiction's rent or price control ordinance,these
19 units shall not be subject to a recorded affordability restriction.
20 (D) For purposes of this paragraph, "equivalent size" means
21 that the replacement units contain at least the same total number
22 of bedrooms as the units being replaced.
23 (E) Subparagraph (A) does not apply to an applicant seeking a
24 density bonus for a proposed housing development if the
25 applicant's application was submitted to, or processed by, a city,
26 county, or city and county before January 1, 2015.
27 (d) (1) An applicant for a density bonus pursuant to subdivision
28 (b) may submit to a city, county, or city and county a proposal for
29 the specific incentives or concessions that the applicant requests
30 pursuant to this section, and may request a meeting with the city,
31 county, or city and county. The city, county, or city and county
32 shall grant the concession or incentive requested by the applicant
33 unless the city,county,or city and county makes a written finding,
34 based upon substantial evidence, of any of the following:
35 (A) The concession or incentive does not result in identifiable
36 and actual cost reductions, consistent with subdivision (k), to
37 provide for affordable housing costs,as defined in Section 50052.5
38 of the Health and Safety Code, or for rents for the targeted units
39 to be set as specified in subdivision (c).
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1 (B) The concession or incentive would have a specific, adverse
2 impact, as defined in paragraph (2) of subdivision (d) of Section
3 655 89.5,upon public health and safety or the physical environment
4 or on any real property that is listed in the California Register of
5 Historical Resources and for which there is no feasible method to
6 satisfactorily mitigate or avoid the specific,adverse impact without
7 rendering the development unaffordable to low-income and
8 moderate-income households.
9 (C) The concession or incentive would be contrary to state or
10 federal law.
11 (2) The applicant shall receive the following number of
12 incentives or concessions:
13 (A) One incentive or concession for projects that include at least
14 10 percent of the total units for lower income households, at least
15 5 percent for very low income households, or at least 10 percent
16 for persons and families of moderate income in a common interest
17 development.
18 (B) Two incentives or concessions for projects that include at
19 least 20 percent of the total units for lower income households, at
20 least 10 percent for very low income households, or at least 20
21 percent for persons and families of moderate income in a common
22 interest development.
23 (C) Three incentives or concessions for projects that include at
24 least 30 percent of the total units for lower income households, at
25 least 12 percent for very low income households, or at least 30
26 percent for persons and families of moderate income in a common
27 interest development.
28 (D) Four incentives or concessions for projects that include at
29 least 31 percent of the total units for lower income households, at
30 least 13 percent for very low income households, or at least 31
31 percent for persons and families of moderate income in a common
32 interest development.
33 (E) Five incentives or concessions for projects that include at
34 least 33 percent of the total units for lower income households, at
35 least 15 percent for very low income households, or at least 33
36 percent for persons and families of moderate income in a common
37 interest development.
38 (F) Six incentives or concessions for projects meeting the criteria
39 of subparagraph (G) of paragraph (1) of subdivision (b). If the
40 project is located within one-half mile of a major transit stop, as
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1 defined in subdivision(b)of Section 21155 of the Public Resources
2 Code, the applicant shall also receive a height increase of up to
3 three additional stories, or 33 feet.
4 (3) The applicant may initiate judicial proceedings if the city,
5 county, or city and county refuses to grant a requested density
6 bonus, incentive, or concession. If a court finds that the refusal to
7 grant a requested density bonus, incentive, or concession is in
8 violation of this section, the court shall award the plaintiff
9 reasonable attorney's fees and costs of suit. Nothing in this
10 subdivision shall be interpreted to require a local government to
11 grant an incentive or concession that has a specific,adverse impact,
12 as defined in paragraph(2) of subdivision(d) of Section 65589.5,
13 upon health, safety, or the physical environment, and for which
14 there is no feasible method to satisfactorily mitigate or avoid the
15 specific adverse impact. Nothing in this subdivision shall be
16 interpreted to require a local government to grant an incentive or
17 concession that would have an adverse impact on any real property
18 that is listed in the California Register of Historical Resources.
19 The city, county, or city and county shall establish procedures for
20 carrying out this section that shall include legislative body approval
21 of the means of compliance with this section.
22 (4) The city, county, or city and county shall bear the burden
23 of proof for the denial of a requested concession or incentive.
24 (e) (1) In no case may a city, county, or city and county apply
25 any development standard that will have the effect of physically
26 precluding the construction of a development meeting the criteria
27 of subdivision (b) at the densities or with the concessions or
28 incentives permitted by this section. Subject to paragraph (3), an
29 applicant may submit to a city, county, or city and county a
30 proposal for the waiver or reduction of development standards that
31 will have the effect of physically precluding the construction of a
32 development meeting the criteria of subdivision(b)at the densities
33 or with the concessions or incentives permitted under this section,
34 and may request a meeting with the city,county,or city and county.
35 If a court finds that the refusal to grant a waiver or reduction of
36 development standards is in violation of this section, the court
37 shall award the plaintiff reasonable attorney's fees and costs of
38 suit. Nothing in this subdivision shall be interpreted to require a
39 local government to waive or reduce development standards if the
40 waiver or reduction would have a specific, adverse impact, as
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1 defined in paragraph (2) of subdivision (d) of Section 65589.5,
2 upon health, safety, or the physical environment, and for which
3 there is no feasible method to satisfactorily mitigate or avoid the
4 specific adverse impact. Nothing in this subdivision shall be
5 interpreted to require a local government to waive or reduce
6 development standards that would have an adverse impact on any
7 real property that is listed in the California Register of Historical
8 Resources, or to grant any waiver or reduction that would be
9 contrary to state or federal law.
10 (2) A proposal for the waiver or reduction of development
11 standards pursuant to this subdivision shall neither reduce nor
12 increase the number of incentives or concessions to which the
13 applicant is entitled pursuant to subdivision (d).
14 (3) A housing development that receives a waiver from any
15 maximum controls on density pursuant to clause (ii) of
16 subparagraph(D) of paragraph (3)of subdivision(f) shall only be
17 eligible for a waiver or reduction of development standards as
18 provided in subparagraph (F) of paragraph (2) of subdivision (d)
19 and clause(ii)of subparagraph(D)of paragraph(3)of subdivision
20 (f), unless the city, county, or city and county agrees to additional
21 waivers or reductions of development standards.
22 (f) For the purposes of this chapter, "density bonus" means a
23 density increase over the otherwise maximum allowable gross
24 residential density as of the date of application by the applicant to
25 the city, county, or city and county, or, if elected by the applicant,
26 a lesser percentage of density increase, including, but not limited
27 to,no increase in density.The amount of density increase to which
28 the applicant is entitled shall vary according to the amount by
29 which the percentage of affordable housing units exceeds the
30 percentage established in subdivision (b).
31 (1) For housing developments meeting the criteria of
32 subparagraph (A) of paragraph (1) of subdivision (b), the density
33 bonus shall be calculated as follows:
34
35 Percentage Low-Income Units Percentage Density
36 Bonus
37 10 20
38 11 21.5
39 12 23
40 13 24.5
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1 14 26
2 15 27.5
3 16 29
4 17 30.5
5 18 32
6 19 33.5
7 20 35
8 21 38.75
9 22 42.5
10 23 46.25
11 24 50
12 25 50
13 26 50
14 27 50
15 28 50
16 29 50
17 30 50
18 31 50
19 32 50
20 33 50
21
22 (2) For housing developments meeting the criteria of
23 subparagraph (B) of paragraph (1) of subdivision (b), the density
24 bonus shall be calculated as follows:
25
26 Percentage Very Low Income Units Percentage Density Bonus
27 5 20
28 6 22.5
29 7 25
30 8 27.5
31 9 30
32 10 32.5
33 11 35
34 12 38.75
35 13 42.5
36 14 46.25
37 15 50
38
39
40
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AB 2345 —20-
2
3
4
5
6
7
8
9
1.0
11 (3) (A) For housing developments meeting the criteria of
12 subparagraph (C) of paragraph(1) of subdivision (b), the density
13 bonus shall be 20 percent of the number of senior housing units.
14 (B) For housing developments meeting the criteria of
15 subparagraph (E) of paragraph (1) of subdivision (b), the density
16 bonus shall be 20 percent of the number of the type of units giving
17 rise to a density bonus under that subparagraph.
18 (C) For housing developments meeting the criteria of
19 subparagraph (F) of paragraph (1) of subdivision (b), the density
20 bonus shall be 35 percent of the student housing units.
21 (D) For housing developments meeting the criteria of
22 subparagraph(G)of paragraph(1)of subdivision(b),the following
23 shall apply:
24 (i) Except as otherwise provided in clause(ii),the density bonus
25 shall be 80 percent of the number of units for lower income
26 households.
27 (ii) If the housing development is located within one-half mile
28 of a major transit stop, as defined in subdivision (b) of Section
29 21155 of the Public Resources Code, the city, county, or city and
30 county shall not impose any maximum controls on density.
31 (4) For housing developments meeting the criteria of
32 subparagraph (D) of paragraph (1) of subdivision (b), the density
33 bonus shall be calculated as follows:
34
35 Percentage Moderate-Income Units Percentage Density Bonus
36 10 5
37 11 6
38 12 7
39 13 8
40 14 9
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1 15 10
2 16 11
3 17 12
4 18 13
5 19 14
6 20 15
7 21 16
8 22 17
9 23 18
10 24 19
11 25 20
12 26 21
13 27 22
14 28 23
15 29 24
16 30 25
17 31 26
18 32 27
19 33 28
20 34 29
21 35 30
22 36 31
23 37 32
24 38 33
25 39 34
26 40 35
27 41 38.75
28 42 42.5
29 43 46.25
30 44 50
31
32 (5) All density calculations resulting in fractional units shall be
33 rounded up to the next whole number. The granting of a density
34 bonus shall not require,or be interpreted,in and of itself,to require
35 a general plan amendment, local coastal plan amendment, zoning
36 change, or other discretionary approval.
37 (g) (1) When an applicant for a tentative subdivision map,
38 parcel map, or other residential development approval donates
39 land to a city, county, or city and county in accordance with this
40 subdivision,the applicant shall be entitled to a 15-percent increase
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AB 2345 —22-
1 above the otherwise maximum allowable residential density for
2 the entire development, as follows:
3
4 Percentage Very Low Income Percentage Density Bonus
5 10 15
6 11 16
7 12 17
8 13 18
9 14 19
10 15 20
11 16 21
12 17 22
13 18 23
14 19 24
15 20 25
16 21 26
17 22 27
18 23 28
19 24 29
20 25 30
21 26 31
22 27 32
23 28 33
24 29 34
25 30 35
26
27 (2) This increase shall be in addition to any increase in density
28 mandated by subdivision(b),up to a maximum combined mandated
29 density increase of 35 percent if an applicant seeks an increase
30 pursuant to both this subdivision and subdivision (b).All density
31 calculations resulting in fractional units shall be rounded up to the
32 next whole number.Nothing in this subdivision shall be construed
33 to enlarge or diminish the authority of a city, county, or city and
34 county to require a developer to donate land as a condition of
35 development. An applicant shall be eligible for the increased
36 density bonus described in this subdivision if all of the following
37 conditions are met:
38 (A) The applicant donates and transfers the land no later than
39 the date of approval of the final subdivision map, parcel map, or
40 residential development application.
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1 (B) The developable acreage and zoning classification of the
2 land being transferred are sufficient to permit construction of units
3 affordable to very low income households in an amount not less
4 than 10 percent of the number of residential units of the proposed
5 development.
6 (C) The transferred land is at least one acre in size or of
7 sufficient size to permit development of at least 40 units, has the
8 appropriate general plan designation, is appropriately zoned with
9 appropriate development standards for development at the density
10 described in paragraph (3) of subdivision (c) of Section 65583.2,
11 and is or will be served by adequate public facilities and
12 infrastructure.
13 (D) The transferred land shall have all of the permits and
14 approvals, other than building permits, necessary for the
15 development of the very low income housing units on the
16 transferred land, not later than the date of approval of the final
17 subdivision map, parcel map, or residential development
18 application, except that the local government may subject the
19 proposed development to subsequent design review to the extent
20 authorized by subdivision (i) of Section 65583.2 if the design is
21 not reviewed by the local government before the time of transfer.
22 (E) The transferred land and the affordable units shall be subject
23 to a deed restriction ensuring continued affordability of the units
24 consistent with paragraphs (1) and (2) of subdivision (c), which
25 shall be recorded on the property at the time of the transfer.
26 (F) The land is transferred to the local agency or to a housing
27 developer approved by the local agency. The local agency may
28 require the applicant to identify and transfer the land to the
29 developer.
30 (G) The transferred land shall be within the boundary of the
31 proposed development or, if the local agency agrees, within
32 one-quarter mile of the boundary of the proposed development.
33 (H) A proposed source of funding for the very low income units
34 shall be identified not later than the date of approval of the final
35 subdivision map, parcel map, or residential development
36 application.
37 (h) (1) When an applicant proposes to construct a housing
38 development that conforms to the requirements of subdivision(b)
39 and includes a childcare facility that will be located on the premises
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AB 2345 —24—
1 of, as part of, or adjacent to, the project, the city, county, or city
2 and county shall grant either of the following:
3 (A) An additional density bonus that is an amount of square
4 feet of residential space that is equal to or greater than the amount
5 of square feet in the childcare facility.
6 (B) An additional concession or incentive that contributes
7 significantly to the economic feasibility of the construction of the
8 childcare facility.
9 (2) The city, county, or city and county shall require, as a
10 condition of approving the housing development,that the following
11 occur:
12 (A) The childcare facility shall remain in operation for a period
13 of time that is as long as or longer than the period of time during
14 which the density bonus units are required to remain affordable
15 pursuant to subdivision (c).
16 (B) Of the children who attend the childcare facility,the children
17 of very low income households, lower income households, or
18 families of moderate income shall equal a-percentage that is equal
19 to or greater than the percentage of dwelling units that are required
20 for very low income households, lower income households, or
21 families of moderate income pursuant to subdivision (b).
22 (3) Notwithstanding any requirement of this subdivision,a city,
23 county,or city and county shall not be required to provide a density
24 bonus or concession for a childcare facility if it finds, based upon
25 substantial evidence, that the community has adequate childcare
26 facilities.
27 (4) "Childcare facility," as used in this section, means a child
28 daycare facility other than a family daycare home, including, but
29 not limited to, infant centers, preschools, extended daycare
30 facilities, and schoolage childcare centers.
31 (i) "Housing development," as used in this section, means a
32 development project for five or more residential units, including
33 mixed-use developments.For the purposes of this section,"housing
34 development" also includes a subdivision or common interest
35 development, as defined in Section 4100 of the Civil Code,
36 approved by a city, county, or city and county and consists of
37 residential units or unimproved residential lots and either a project
38 to substantially rehabilitate and convert an existing commercial
39 building to residential use or the substantial rehabilitation of an
40 existing multifamily dwelling, as defined in subdivision (d) of
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1 Section 65863.4, where the result of the rehabilitation would be a
2 net increase in available residential units. For the purpose of
3 calculating a density bonus, the residential units shall be on
4 contiguous sites that are the subject of one development
5 application, but do not have to be based upon individual
6 subdivision maps or parcels.The density bonus shall be permitted
7 in geographic areas of the housing development other than the
8 areas where the units for the lower income households are located.
9 0) (1) The granting of a concession or incentive shall not require
10 or be interpreted, in and of itself, to require a general plan
11 amendment, local coastal plan amendment, zoning change, study,
12 or other discretionary approval. For purposes of this subdivision,
13 "study" does not include reasonable documentation to establish
14 eligibility for the concession or incentive or to demonstrate that
15 the incentive or concession meets the definition set forth in
16 subdivision (k). This provision is declaratory of existing law.
17 (2) Except as provided in subdivisions (d) and(e), the granting
18 of a density bonus shall not require or be interpreted to require the
19 waiver of a local ordinance or provisions of a local ordinance
20 unrelated to development standards.
21 (k) For the purposes of this chapter, concession or incentive
22 means any of the following:
23 (1) A reduction in site development standards or a modification
24 of zoning code requirements or architectural design requirements
25 that exceed the minimum building standards approved by the
26 California Building Standards Commission as provided in Part 2.5
27 (commencing with Section 18901) of Division 13 of the Health
28 and Safety Code, including, but not limited to, a reduction in
29 setback and square footage requirements and in the ratio of
30 vehicular parking spaces that would otherwise be required that
31 results in identifiable and actual cost reductions, to provide for
32 affordable housing costs, as defined in Section 50052.5 of the
33 Health and Safety Code, or for rents for the targeted units to be
34 set as specified in subdivision (c).
35 (2) Approval of mixed-use zoning in conjunction with the
36 housing project if commercial,office,industrial,or other land uses
37 will reduce the cost of the housing development and if the
38 commercial, office, industrial, or other land uses are compatible
39 with the housing project and the existing or planned development
40 in the area where the proposed housing project will be located.
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AB 2345 —26—
1 (3) Other regulatory incentives or concessions proposed by the
2 developer or the city, county, or city and county that result in
3 identifiable and actual cost reductions to provide for affordable
4 housing costs, as defined in Section 50052.5 of the Health and
5 Safety Code, or for rents for the targeted units to be set as specified
6 in subdivision (c).
7 (0 Subdivision (k) does not limit or require the provision of
8 direct financial incentives for the housing development, including
9 the provision of publicly owned land, by the city, county, or city
10 and county, or the waiver of fees or dedication requirements.
11 (m) This section does not supersede or in any way alter or lessen
12 the effect or application of the California Coastal Act of 1976
13 (Division 20 (commencing with Section 30000) of the Public
14 Resources Code). Any density bonus, concessions, incentives,
15 waivers or reductions of development standards,and parking ratios
16 to which the applicant is entitled under this section shall be
17 permitted in a manner that is consistent with this section and
18 Division 20 (commencing with Section 30000) of the Public
19 Resources Code.
20 (n) If permitted by local ordinance,nothing in this section shall
21 be construed to prohibit a city, county, or city and county from
22 granting a density bonus greater than what is described in this
23 section for a development that meets the requirements of this
24 section or from granting a proportionately lower density bonus
25 than what is required by this section for developments that do not
26 meet the requirements of this section.
27 (o) For purposes of this section, the following definitions shall
28 apply:
29 (1) "Development standard" includes a site or construction
30 condition, including, but not limited to, a height limitation, a
31 setback requirement, a floor area ratio, an onsite open-space
32 requirement, or a parking ratio that applies to a residential
33 development pursuant to any ordinance, general plan element,
34 specific plan, charter, or other local condition, law, policy,
35 resolution, or regulation.
36 (2) "Maximum allowable residential density"means the density
37 allowed under the zoning ordinance and land use element of the
38 general plan, or, if a range of density is permitted, means the
39 maximum allowable density for the specific zoning range and land
40 use element of the general plan applicable to the project. 1f the
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—27— AB 2345
1 density allowed under the zoning ordinance is inconsistent with
2 the density allowed under the land use element of the general plan,
3 the general plan density shall prevail.
4 (p) (1) Except as provided in paragraphs(2), (3), and(4),upon
5 the request of the developer,a city,county,or city and county shall
6 not require a vehicular parking ratio,inclusive of handicapped and
7 guest parking,of a development meeting the criteria of subdivisions
8 (b) and (c), that exceeds the following ratios:
9 (A) Zero to one bedroom: one onsite parking space.
10 (B) Two to three bedrooms: one and one-half onsite parking
11 spaces.
12 (C) Four and more bedrooms:two and one-half parking spaces.
13 (2) (A) Notwithstanding paragraph (1), if a development
14 includes
15
16 (f) an at least 20 percent low income units for housing
17 developments meeting the criteria of subparagraph (A) of
18 paragraph (1) of subdivision (b) or at least 11 percent very low
19 income units for housing developments meeting the criteria of
20 subparagraph (B) of paragraph (1) of subdivision (b), is located
21 within one-half mile of a major transit stop, as defined in
22 subdivision (b) of Section 21155 of the Public Resources Code,
23 and there is unobstructed access to the major transit stop from the
24 development, then, upon the request of the developer, a city,
25 county, or city and county shall not impose a vehicular parking
26 ratio,inclusive of handicapped and guest parking,that exceeds 0.5
27 spaces per unit.
28 (B) For purposes of this subdivision, a development shall have
29 unobstructed access to a major transit stop if a resident is able to
30 access the major transit stop without encountering natural or
31 constructed impediments. For purposes of this subparagraph,
32 "natural or constructed impediments" includes, but is not limited
33 to, freeways, rivers, mountains, and bodies of water, but does not
34 include residential structures, shopping centers, parking lots, or
35 rails used for transit.
36 (C) The distance of a development described in subparagraph
37 (A) from a major transit stop shall be measured from any point
38 located on the property of the proposed development to any point
39 on the property on which the major transit stop is located,including
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AB 2345 —28—
1 any parking lot owned by the transit authority or other local agency
2 operating the major transit stop.
3 (3) Notwithstanding paragraph (1), if a development consists
4 solely of rental units, exclusive of a manager's unit or units, with
5 an affordable housing cost to lower income families, as provided
6 in Section 50052.5 of the Health and Safety Code, then,upon the
7 request of the developer, a city, county, or city and county shall
8 not impose vehicular parking standards if the developments meets
9 either of the following criteria:
10 (A) The development is located within one-half mile of a major
11 transit stop, as defined in subdivision (b) of Section 21155 of the
12 Public Resources Code, and there is unobstructed access to the
13 major transit stop from the development. if-the
14 (B) The development is a for-rent housing development for
15 individuals who are 62 years of age or older that complies with
16 Sections 51.2 and 51.3 of the Civil-Code, Code and the
17 development, shall have has either paratransit service or
18 unobstructed access,within one-half mile,to fixed bus route service
19 that operates at least eight times per day.
20 (4) Notwithstanding paragraphs (1) and (8), if a development
21 consists solely of rental units, exclusive of a manager's unit or
22 units, with an affordable housing cost to lower income families,
23 as provided in Section 50052.5 of the Health and Safety Code,and
24 the development is either a special needs housing development,
25 as defined in Section 51312 of the Health and Safety Code, or a
26 supportive housing development, as defined in Section 50675.14
27 of the Health and Safety Code, then, upon the request of the
28 developer, a city, county, or city and county shall not impose any
29 minimum vehicular parking requirement. A development that is
30 a special needs housing development shall have either paratransit
31 service or unobstructed access, within one-half mile, to fixed bus
32 route service that operates at least eight times per day.
33 (5) 1f the total number of parking spaces required for a
34 development is other than a whole number, the number shall be
35 rounded up to the next whole number. For purposes of this
36 subdivision, a development may provide onsite parking through
37 tandem parking or uncovered parking, but not through onstreet
38 parking.
39 (6) This subdivision shall apply to a development that meets
40 the requirements of subdivisions(b)and(c),but only at the request
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—29— AB 2345
1 of the applicant. An applicant may request parking incentives or
2 concessions beyond those provided in this subdivision pursuant
3 to subdivision (d).
4 (7) This subdivision does not preclude a city, county, or city
5 and county from reducing or eliminating a parking requirement
6 for development projects of any type in any location.
7 (8) Notwithstanding paragraphs (2) and (3), if a city, county,
8 city and county, or an independent consultant has conducted an
9 areawide or jurisdictionwide parking study in the last seven years,
10 then the city, county, or city and county may impose a higher
11 vehicular parking ratio not to exceed the ratio described in
12 paragraph(1),based upon substantial evidence found in the parking
13 study, that includes, but is not limited to, an analysis of parking
14 availability, differing levels of transit access, walkability access
15 to transit services, the potential for shared parking, the effect of
16 parking requirements on the cost of market-rate and subsidized
17 developments,and the lower rates of car ownership for low-income
18 and very low income individuals, including seniors and special
19 needs individuals. The city, county, or city and county shall pay
20 the costs of any new study. The city, county, or city and county
21 shall make findings, based on a parking study completed in
22 conformity with this paragraph,supporting the need for the higher
23 parking ratio.
24 (9) A request pursuant to this subdivision shall neither reduce
25 nor increase the number of incentives or concessions to which the
26 applicant is entitled pursuant to subdivision (d).
27 (q) Each component of any density calculation, including base
28 density and bonus density, resulting in fractional units shall be
29 separately rounded up to the next whole number. The Legislature
30 finds and declares that this provision is declaratory of existing law.
31 (r) This chapter shall be interpreted liberally in favor of
32 producing the maximum number of total housing units.
33 (s) Notwithstanding any other law, if a city, county, or city and
34 county has adopted an ordinance pursuant to this section that, as
35 of the date immediately prior to the effective date of the act adding
36 this subdivision, provides for density bonuses that exceed the
37 density bonuses required by this section, that city, county, or city
38 and county is not required to amend or otherwise update its
39 ordinance to comply with the amendments made to this section by
40 the act adding this subdivision.
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AB 2345 —30—
1 SEG. -2.
2 SEC. 3. No reimbursement is required by this act pursuant to
3 Section 6 of Article XIIIB of the California Constitution because
4 a local agency or school district has the authority to levy service
5 charges, fees, or assessments sufficient to pay for the program or
6 level of service mandated by this act,within the meaning of Section
7 17556 of the Government Code.
O
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The LI*brary4 ®4
Stabiii* zation Fund
COVID-i9 is causing significant financial losses for libraries,
resulting in disruption to core library services,thousands
of staff furloughs and layoffs across the country. Fiscal ai""CH USRA r
MIAM o.er ero�c
stabilization is needed to preserve crucial library services for
students,jobseekers, rural and Tribal residents,and small 1 ---
businesses—now and in the recovery to come.
The Library Stabilization Fund Act would establish a$2 billion
unemployment forms curbside
fund to address financial losses and bolster library services, Miami-Dade
Public Library System.
with priority to the hardest-hit communities. Delivered through
the Institute of Museum and Library Services (IMLS), Librarians manufactu
PPE in Los Angeles Pub;ui
the funding would provide: Library's Octavia Lab.
i.
■ $1.7 billion to be distributed to local libraries through state
library agencies based on state population,with a minimum
of$10 million to each state
0 $45 million in formula grants to Tribal libraries
■ $200 million in competitive grants to strengthen library
services to communities affected by COVI D-19 -
■ $40 million for IMLS to administer grants and conduct
research and data collection related to the impacts of COVID-19
Funds would keep nearly 370,000 library workers on the job,defray costs related to safe re-opening,
and support a range of library services to millions of patrons, including:
■ High-speed internet access and digital literacy training
■ Resources to facilitate remote learning for educators and students of all ages
■ Tools and guidance for entrepreneurs to research emerging markets,design business plans and launch startups
■ Employment assistance,from resume writing to job search to GED certification
■ Support in applying for veteran's benefits, unemployment assistance, medical coverage and other government
services
■ Programs that foster early literacy,entrepreneurship and lifelong learning
The legislation was introduced on July 2 by Sen.Jack Reed (RI) and Rep.Andy Levin (MI-9).
For more information: D
ALAAmericanLibraryAssoeiation Kevin Maher:kmaher@alawash.org / GavinBaker:gbake$�alawash.org