HomeMy WebLinkAboutConsider Positions on Legislation Pending Before the State L (5) 2000 Main Street,
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File #: 23-388 MEETING DATE: 5/2/2023
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Al Zelinka, City Manager
VIA: Travis K. Hopkins, Assistant City Manager
PREPARED BY: Shannon Levin, Council Policy Analyst
Subject:
Consider positions on legislation pending before the State Legislature, as recommended by
the Intergovernmental Relations Committee (IRC)
Statement of Issue:
On April 26, 2022, the IRC, comprised of Mayor Tony Strickland and Mayor Pro Tem Van Der Mark
(with Council Member Pat Burns absent), discussed legislative items with relevance to Huntington
Beach. Following discussion, the IRC chose to take positions on various State bills, which are
presented to the full City Council for consideration.
Financial Impact:
Not applicable.
Recommended Action:
Approve one or more of the following positions on State legislation:
A) Oppose AB 480 (Ting/Umberg)
B) Support SB 747 (Caballero)
C) Oppose AB 1035 (Muratsuchi)
D) Oppose SB 4 (Wiener)
E) Oppose AB 1485 (Haney/Wiener)
F) Oppose AB 68 (Ward)
G) Oppose SB 423 (Wiener)
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File #: 23-388 MEETING DATE: 5/2/2023
H) Watch SB 222 (Nguyen)
I) Watch SB 1175 (Quirk-Silva)
J) Oppose SB 252 (Gonzalez)
Alternative Action(s):
Do not approve one or more recommended action, and direct staff accordingly.
Analysis:
On April 26, 2023, the IRC reviewed and discussed various legislative and regional issues with
relevance to Huntington Beach policies and priorities, as defined by City Council. The following is a
summary of the items the IRC took positions on and are presented to City Council for consideration:
1. OPPOSE AB 480 (Ting/Umberg) Surplus Land
This bill is an attempt at a prior bill that tried to expand the Surplus Lands Act that was stopped
last year (AB 2357 Ting). This would permanently expand the reach of the SLA to include
review of leases and all but eliminating the use of the Economic Opportunity Law for cities and
counties.
2. SUPPORT SB 747 (Caballero) Surplus Land
This bill that creates much-need efficiencies in SLA and upholds the Economic Opportunity Act
to further economic development.
3. OPPOSE AB 1035 (Muratsuchi) Mobilehome parks: rent caps
This would establish rent caps in mobile home parks, which is in direct conflict with the City's
Charter Section 803.
4. OPPOSE SB 4 (Wiener) Planning and zoning: housing development: higher education
institutions and religious institutions
This would allow by-right zoning of medium and high-density housing on religious and
educational properties located in residential areas.
5. OPPOSE AB 1485 (Haney/Wiener) Housing element: enforcement: Attorney General
This bill would grant HCD and the Attorney General the unconditional right to intervene in
specified housing law cases.
6. OPPOSE AB 68 (Ward) Land use: streamlined housing approvals: density, subdivision, and
utility approvals
This bill is a mechanism for HCD to allow by-right development and total authority to interpret
housing law.
7. OPPOSE SB 423 (Wiener) Land use: streamlined housing approvals: multifamily housing
developments
This would allow for streamlined housing approvals and eliminate objective building standards
by which to evaluate a project.
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File #: 23-388 MEETING DATE: 5/2/2023
8. WATCH SB 222 (Nguyen) Outdoor advertising: applications
This bill would require the Department of Transportation (CalTrans) to consider the approval or
denial of a pending outdoor advertising application before construction on an applicable
highway project is completed.
9. WATCH SB 1175 (Quirk-Silva) Outdoor advertising displays: redevelopment agency project
areas
The bill would allow the applicable city or county to request from the Department of
Transportation (CalTrans) a 10-year extension for treating a display in a redevelopment
agency project, as described above, as an on-premises display if the display meets the criteria
for a finding of good cause.
10.OPPOSE SB 252 (Gonzalez) Public retirement systems: fossil fuels: divestment
This bill prohibits the Board of the Public Employees' Retirement System (PERS) and the
Teachers' Retirement Board of the State Teachers' Retirement System (STRS) from making
any additional or new investments or renewing existing investments of public employee
retirement funds in a fossil fuel company, and requires PERS and STRS to liquidate
investments in a fossil fuel company on or before July 1, 2031.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Non Applicable - Administrative Item
A t tachment(s):
1. AB 480
2. SB747
3. AB 1035
4. SB4
5. AB 1485
6. AB 68
7. SB423
8. SB 252
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City Council/ ACTION AGENDA May 2, 2023
Public Financing Authority
Successful lottery applicants in the Youth Sports category:
1. Surf City Premier Youth Sports and Fitness
2. Seaview Little League
3. South Huntington Beach Girls Fastpitch Softball
4. Culture Football Organization
5. Team 90, Inc., dba California Rush
Alternates: 1) Huntington Beach Pop Warner Youth Football; 2) Huntington Valley Little
League; and, 3) Vanguard Aquatics
Successful lottery applicants in the Civic Organizations category:
1. Patriots and Paws
2. Lutheran Church of the Resurrection
3. Friends of the HB Junior Guards
4. HB Lions Foundation
5. Orange Coast Gakuen, Inc.
Alternates: 1) O. C. Children's Theater(OCCT); 2) Apostolic Assembly of the Faith HB; and, 3)
American Legion Huntington Beach Post 133
CONSENT CALENDAR
Items pulled for separate discussion: #17 and#18(Kalmick); #22 and#29 (Burns)
OFFICE OF THE CITY CLERK
16. 23-316 Approved and adopted Minutes
Recommended Action:
Approve and adopt the City Council/Public Financing Authority regular meeting minutes of
April 4, 2023.
Approved 7-0
17. 23-397 Received and filed a revision to the 2023 City Council Liaison List-
Citizen Boards, Commissions, Committees and Task Forces
Recommended Action:
Receive and file the revised 2023 City Council Liaison List that assigns Councilmember McKeon as
Alternate to the West Orange County Water Board.
Approved 7-0 with identified amendments
CITY MANAGER'S OFFICE
18. 23-388 Took positions on legislation pending before the State Legislature, as
recommended by the Intergovernmental Relations Committee (IRC)
Recommended Action:
Approve one or more of the following positions on State legislation:
Page 5 of 11
City Council/ ACTION AGENDA May 2, 2023
Public Financing Authority
A) Oppose AB 480 (Ting/Umberg)Approved 4-0-3(Kalmick, Moser, Bolton-Abstain)
B) Support SB 747 (Caballero)Approved 7-0
C) Oppose AB 1035 (Muratsuchi)Approved 7-0
D) Oppose SB 4 (Wiener)Approved 4-0-3(Kalmick, Moser, Bolton-Abstain)
E) Oppose AB 1485 (Haney/Wiener)Approved 4-0-3(Kalmick, Moser, Bolton-Abstain)
F) Oppose AB 68 (Ward)Approved 4-0-3(Kalmick,Moser, Bolton-Abstain)
G) Oppose SB 423 (Wiener)Approved 7-0
H) Watch SB 222 (Nguyen) --No Action Taken--
I) Watch AB 1175 (Quirk-Silva)Approved 7-0
J) Oppose SB 252 (Gonzalez)Approved 4-3(Kalmick, Moser, Bolton-No)
COMMUNITY AND LIBRARY SERVICES DEPARTMENT
19. 23-212 Approved and authorized License Agreement between the City of
Huntington Beach and Subhash and Sushil Patel, Individuals, dba One
Fine Blend for operation of food and beverage kiosk located at the
Huntington Beach Central Library
Recommended Action:
Approve and authorize the Mayor and City Clerk to execute the"License Agreement between the
City of the City of Huntington Beach and Subhash and Sushil Patel, dba One Fine Blend" for a
food and beverage kiosk located at the Huntington Beach Central Library.
Approved 7-0
COMMUNITY DEVELOPMENT DEPARTMENT
20. 23-357 Approved and authorized execution of a License Agreement between
the City of Huntington Beach and the Huntington Beach Credit Union for
ATM Services at City Hall
Recommended Action:
Approve and authorize the Mayor and City Clerk to execute the"Non-Exclusive License Agreement
between the City of Huntington Beach and the Huntington Beach Credit Union for ATM Services at
City Hall."
Approved 7-0
FINANCE DEPARTMENT
21. 23-325 Approved the escheatment of Unclaimed Funds pursuant to Government
Code Sections 50050-50057
Recommended Action:
Review and approve the transfer of$9,575.48 of unclaimed funds from the City's Unclaimed Funds
Liability Account to the City's Miscellaneous Revenue Account 10000100.48550 in compliance with
Government Code Sections 50050-50057.
Approved 7-0
Page 6 of 11
AMENDED IN ASSEMBLY APRIL 5, 2023
AMENDED IN ASSEMBLY MARCH 14, 2023
CALIFORNIA LEGISLATURE-2023-24 REGULAR SESSION
ASSEMBLY BILL No. 480
Introduced by Assembly Member Ting
(Principal coauthor: Senator Umberg)
February 7, 2023
An act to amend Sections 54221, 54222, 54222.5, 54223, 54224,
54225, 54227, and 54230.5 of, and to add Section 54221.5 to, the •
Government Code,relating to local government.
LEGISLATIVE COUNSEL'S DIGEST
AB 480, as amended, Ting. Surplus land.
Existing law prescribes requirements for the disposal of surplus land
by a local agency, as defined, and requires, except as provided, a local
agency disposing of surplus land to comply with certain notice
requirements before disposing of the land or participating in negotiations
to dispose of the land with a prospective transferee, particularly that
the local agency send a notice of availability to specified entities that
have notified the Department of Housing and Community Development
of their interest in surplus land, as specified. Under existing law, if the
local agency receives a notice of interest, the local agency is required
to engage in good faith negotiations with the entity desiring to purchase
or lease the surplus land.
Existing law requires a local agency to take formal action in a regular
public meeting to declare land is surplus and is not necessary for the
agency's use and to declare land as either "surplus land" or "exempt
surplus land," as supported by written findings, before a local agency
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AB 480 —2—
may take any action to dispose of it consistent with an agency's policies
or procedures.
This bill would recast that provision and would authorize, exempt a
local agency,in specified instances,that a local agency administratively
declare land as from making a declaration at a public meeting for land
that is "exempt surplus land" if the declaration and findings arc the
local agency identifies the land in a notice that is published and available
for public comment at least 30 days before the declaration exemption
takes effect. The bill would also require a local agency to provide a
written notification to the Department of Housing and Community
Development of its declaration and findings 30 days before disposing
of land declared"exempt surplus land."Because this bill would require
local officials to perform additional duties, it would impose a
state-mandated local program.
Existing law defines"exempt surplus land,"for which a local agency
is not required to follow the requirements for disposal of surplus land,
except as provided, as, among other things, surplus land that is subject
to valid legal restrictions that are not imposed by the local agency and
that would make housing prohibited, as specified.
This bill would require that those legal restrictions be documented
and verified in writing by the relevant agencies that have authority
relating to the restrictions.
Existing law specifies that,for purposes of these provisions,the term
"exempt surplus land,"includes, among other things, surplus land that
is put out to open, competitive bid by a local agency, as specified, for
purposes of a mixed-use development that is more than one acre in area,
that includes not less than 300 housing units, and that restricts at least
25% of the residential units to lower income households with an
affordable sales price or an affordable rent for a minimum of 55 years
for rental housing and 45 years for ownership housing.
This bill would modify these provisions to require that the mixed-use
development include not less than 300 residential units.
Existing law also defines exempt surplus land as,among other things,
land that was transferred by the state to a local agency, as specified, •
that includes residential units that are restricted to persons and families
of low or moderate income with an affordable sales price or rent, at
least 80% of which shall be restricted to persons and families of lower
income.
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—3— AB 480
This bill would expand the definition of exempt surplus land to include
land that is owned by a California public-use airport on which residential
use is prohibited pursuant to specified federal law.
Existing law requires any local agency disposing of surplus land to
send a written notice of availability of the property to specified entities.
Existing law requires the Department of Housing and Community
Development to maintain on its internet website a list of all notices of
availability throughout the state.
This bill would require the department to also maintain on its internet
website a list of all entities, including housing sponsors, that have
notified the department of their interest in surplus land for the purpose
of developing low-and moderate-income housing.The bill would make
other nonsubstantive changes to provisions that describe the entities to
which notices of availability for developing low-and moderate-income
housing,for open-space purposes,and for school facilities construction
are required to be sent.
Existing law requires that an entity proposing to use surplus land for
developing low-and moderate-income housing agree to make available
a specified percentage of the total number of units developed at
affordable housing cost or affordable rent to lower income households,
as specified, and that this requirement be contained in a covenant or
restriction recorded against the surplus land at the time of the sale that
shall run with the land and be enforceable by specified entities and
persons.
This bill would make nonsubstantive changes to the provisions that
describe the entities and persons that can enforce the covenant or
restriction.
Existing law specifies that after the disposing agency has received a
notice of interest from the entity desiring to purchase or lease the land,
if price or terms cannot be agreed upon after a good faith negotiation
period, the land may be disposed of, as specified.
This bill would recast that provision to state that after the specified
good faith negotiation,the local agency may dispose of the surplus land,
as specified.
Existing law proclaims that nothing in these provisions relating to
the disposition of surplus property shall preclude a local agency,housing
authority,or redevelopment agency that purchases land from a disposing
agency from reconveying the land to a nonprofit or for-profit housing
developer for development of low- and moderate-income housing.
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AB 480 —4—
This bill would modify that provision to remove reference to housing
authorities and redevelopment agencies and make other nonsubstantive
changes.
Existing law specifies that any public agency disposing of surplus
land to a specified entity that intends to use the land for park or
recreation purposes, for open-space purposes, for school purposes, or
for low- and moderate-income housing purposes may provide for a
payment period of up to 20 years in any contract of sale or sale by trust
deed for the land.
This bill would modify those provisions to refer, instead, to a local
agency disposing of surplus land.
Existing law authorizes a local agency to negotiate concurrently with
all entities that provide notice of interest for the purpose of developing
affordable housing that meets specified requirements.
This bill would modify that provision to reference low- and
moderate-income housing that meets specified requirements. The bill
would make other nonsubstantive changes to this provision.
Existing law makes a local agency that disposes of land in violation
of these provisions after receiving notice from the Department of
Housing and Community Development liable for a penalty, of 30% of
the final sale price of the surplus land sold for a first violation and 50%
for any subsequent violation.
This bill would,instead,make a local agency that disposes of surplus
land in violation of these provisions after receiving a notification from
the Department of Housing and Community Development,as specified,
that the local agency is in violation of these provisions liable for a
penalty of 30%of the greater of the final sale price,or of the fair market
value at the time of disposition, as determined by an independent
appraisal,of the surplus land for a first violation,and 50%of the greater
of the 2 sums, for any subsequent violation. The bill would make
nonsubstantive changes to,and correct an erroneous cross-reference in,
those provisions.
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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to the statutory
provisions noted above.
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143
—5— AB 480
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 54221 of the Government Code is
2 amended to read:
3 54221. As used in this article, the following definitions shall
4 apply:
5 (a) (1) "Local agency" means every city, whether organized
6 under general law or by charter, county, city and county, district,
7 including school, sewer,water,utility, and local and regional park
8 districts of any kind or class, joint powers authority, successor
9 agency to a former redevelopment agency, housing authority, or
10 other political subdivision of this state and any instrumentality
11 thereof that is empowered to acquire and hold real property.
12 (2) The Legislature finds and declares that the term "district"
13 as used in this article includes all districts within the state, •
14 including, but not limited to, all special districts, sewer, water,
15 utility,and local and regional park districts,and any other political
16 subdivision of this state that is a district,and therefore the changes
17 in paragraph(1)made by the act adding this paragraph that specify
18 that the provisions of this article apply to all districts, including
19 school, sewer, water, utility, and local and regional park districts
20 of any kind or class, are declaratory of, and not a change in,
21 existing law.
22 (b) (1) "Surplus land"means land owned in fee simple by any
23 local agency that is not necessary for the agency's use as declared
24 by the local agency pursuant to Section 54221.5.
25 (2) "Surplus land" includes land held in the Community
26 Redevelopment Property Trust Fund pursuant to Section 34191.4
27 of the Health and Safety Code and land that has been designated
28 in the long-range property management plan approved by the
29 Department of Finance pursuant to Section 34191.5 of the Health
30 and Safety Code, either for sale or for future development, but
31 does not include any specific disposal of land to an identified entity
32 described in the plan.
33 (3) Nothing in this article prevents a local agency from obtaining
34 fair market value for the disposition of surplus land consistent with
35 Section 54226.
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AB 480 —6—
1 (c) (1) Except as provided in paragraph (2), "agency's use"
2 shall include, but not be limited to, land that is being used, or is
3 planned to be used pursuant to a written plan adopted by the local
4 agency's governing board, for agency work or operations,
5 including,but not limited to,utility sites,watershed property,land
6 being used for conservation purposes, land for demonstration,
7 exhibition, or educational purposes related to greenhouse gas
8 emissions, and buffer sites near sensitive governmental uses,
9 including, but not limited to, wastewater treatment plants.
10 (2) (A) "Agency's use" shall not include commercial or
11 industrial uses or activities, including nongovernmental retail,
12 entertainment,or office development.Property disposed of for the
13 sole purpose of investment or generation of revenue shall not be
14 considered necessary for the agency's use.
15 (B) In the case of a local agency that is a district, excepting
16 those whose primary mission or purpose is to supply the public
17 with a transportation system, "agency's use" may include
18 commercial or industrial uses or activities, including
19 nongovernmental retail,entertainment, or office development or
20 be for the sole purpose of investment or generation of revenue if
21 the agency's governing body takes action in a public meeting
22 declaring that the use of the site will do one of the following:
23 (i) Directly further the express purpose of agency work or
24 operations.
25 (ii) Be expressly authorized by a statute governing the local
26 agency, provided the district complies with Section 54233.5 if
27 applicable.
28 (d) "Open-space purposes" means the use of land for public
29 recreation, enjoyment of scenic beauty, or conservation or use of
30 natural resources.
31 (e) "Persons and families of low or moderate income" has the
32 same meaning as provided in Section 50093 of the Health and
33 Safety Code.
34 (f) (1) Except as provided in paragraph (2), "exempt surplus
35 land"means any of the following:
36 (A) Surplus land that is transferred pursuant to Section 25539.4
37 or 37364.
38 (B) Surplus land that is (i) less than 5,000 square feet in area,
39 (ii) less than the minimum legal residential building lot size for
40 the jurisdiction in which the parcel is located,or 5,000 square feet
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1 in area, whichever is less, or (iii)has no record access-and is less
2 than 10,000 square feet in area;and is not contiguous to land owned
3 by a state or local agency that is used for open-space or low- and
4 moderate-income housing purposes. If the surplus land is not sold
5 to an owner of contiguous land,it is not considered exempt surplus
6 land and is subject to this article.
7 (C) Surplus land that a local agency is exchanging for another
8 property necessary for the agency's use.
9 (D) Surplus land that a local agency is transferring to another
10 local,state,or federal agency for the agency's use,or to a federally
11 recognized California Indian tribe.
12 (E) Surplus land that is a former street, right of way, or
13 easement, and is conveyed to an owner of an adjacent property.
14 (F) Surplus land that is put out to open, competitive bid by a
15 local agency, provided all entities identified in subdivision (a) of
16 Section 54222 will be invited to participate in the competitive bid
17 process, for either of the following purposes:
18 (i) A housing development,that may have ancillary commercial
19 ground floor uses,that restricts 100 percent of the residential units
20 to persons and families of low or moderate income, with at least
21 75 percent of the residential units restricted to lower income
22 households,as defined in Section 50079.5 of the Health and Safety
23 Code, with an affordable sales price or an affordable rent, as
24 defined in Sections 50052.5 or 50053 of the Health and Safety
25 Code, for a minimum of 55 years for rental housing and 45 years
26 for ownership housing, and in no event shall the maximum
27 affordable sales price or rent level be higher than 20 percent below
28 the median market rents or sales prices for the neighborhood in
29 which the site is located.
30 (ii) A mixed-use development that is more than one acre in area,
31 that includes not less than 300 residential units, and that restricts
32 at least 25 percent of the residential units to lower income
33 households,as defined in Section 50079.5 of the Health and Safety
34 Code, with an affordable sales price or an affordable rent, as
35 defined in Sections 50052.5 and 50053 of the Health and Safety
36 Code; for a minimum of 55 years for rental housing and 45 years
37 for ownership housing.
38 (G) Surplus land that is subject to valid legal restrictions that
39 are not imposed by the local agency and that would make housing
40 prohibited, unless there is a feasible method to satisfactorily
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AB 480 —8—
1 mitigate or avoid the prohibition on the site. The legal restriction
2 shall be documented and verified in writing by the relevant
3 agencies that have authority relating to the restrictions.An existing
4 nonresidential land use designation on the surplus land is not a
5 legal restriction that would make housing prohibited for purposes
6 of this subparagraph. Nothing in this article limits a local
7 jurisdiction's authority or discretion to approve land use, zoning,
8 or entitlement decisions in connection with the surplus land.
9 (H) Surplus land that was granted by the state in trust to a local
10 agency or that was acquired by the local agency for trust purposes
11 by purchase or exchange, and for which disposal of the land is
12 authorized or required subject to conditions established by statute.
13 (I) Land that is subject to Sections 17388, 17515, 17536,81192,
14 81397, 81399, 81420, and 81422 of the Education Code and Part
15 14(commencing with Section 53570)of Division 31 of the Health
16 and Safety Code, unless compliance with this article is expressly
17 required.
18 (J) Surplus land that is a former military base that was conveyed
19 by the federal government to a local agency, and is subject to
20 Article 8 (commencing with Section 33492.125) of Chapter 4.5
21 of Part 1 of Division 24 of the Health and Safety Code, provided
22 that all of the following conditions are met:
23 (i) The former military base has an aggregate area greater than
24 five acres, is expected to include a mix of residential and
25 nonresidential uses,and is expected to include no fewer than 1,400
26 residential units upon completion of development or redevelopment
27 of the former military base.
28 (ii) The affordability requirements for residential units shall be
29 governed by a settlement agreement entered into prior to September
30 1, 2020. Furthermore, at least 25 percent of the initial 1,400
31 residential units developed shall be restricted to lower income
32 households,as defined in Section 50079.5 of the Health and Safety
33 Code, with an affordable sales price or an affordable rent, as
34 defined in Sections 50052.5 and 50053 of the Health and Safety
35 Code, for a minimum of 55 years for rental housing and 45 years
36 for ownership housing.
37 (iii) Before disposition of the surplus land, the agency adopts
38 written findings that the land is exempt surplus land pursuant to
39 this subparagraph.
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—9— AB 480
1 (iv) Before disposition of the surplus land, the recipient has
2 negotiated a project labor agreement consistent with the-local
3 agency's project stabilization agreement resolution,as adopted on
4 February 2, 2021, and any succeeding ordinance, resolution, or
5 policy,regardless of the length of the agreement between the local
6 agency and the recipient.
7 (v) The agency includes in the annual report required by
8 paragraph (2) of subdivision (a) of Section 65400 the status of
9 development of residential units on the former military base,
10 including the total number of residential units that have been
11 permitted and what percentage of those residential units are
12 restricted for persons and families of low or moderate income, as
13 defined in Section 50093 of the Health and Safety Code, or lower
14 income households, as defined in Section 50079.5 of the Health
15 and Safety Code.
16 A violation of this subparagraph is subject to the penalties
17 described in Section 54230.5. Those penalties are in addition to
18 any remedy a court may order for violation of this subparagraph
19 or the settlement agreement.
20 (K) Real property that is used by a district for agency's use
21 expressly authorized in subdivision (c).
22 (L) Land that has been transferred before June 30, 2019,by the
23 state to a local agency pursuant to Section 32667 of the Streets
24 and Highways Code and has a minimum planned residential density
25 of at least 100 dwelling units per acre, and includes 100 or more
26 residential units that are restricted to persons and families of low
27 or moderate income,with an affordable sales price or an affordable
28 rent, as defined in Sections 50052.5 and 50053 of the Health and
29 Safety Code,for a minimum of 55 years for rental housing and 45
30 years for ownership housing. For purposes of this paragraph, not
31 more than 20 percent of the affordable units may be restricted to
32 persons and families of moderate income and at least 80 percent
33 of the affordable units must be restricted to lower income
34 households as defined in Section 50079.5 of the Health and Safety
35 Code.
36 (M) Land that is owned by a California public-use airport on
37 which residential use is prohibited pursuant to Federal Aviation
38 Administration Order 5190.6B, Airport Compliance Program,
39 Chapter 20—Compatible Land Use and Airspace Protection.
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AB 480 —10—
1 (2) Notwithstanding paragraph (1), a written notice of the
2 availability of surplus land for open-space purposes shall be sent
3 to the entities described in subdivision(b)of Section 54222 before
4 disposing of the surplus land,provided the land does not meet the
5 criteria in subparagraph (H) of paragraph(1), if the land is any of
6 the following:
7 (A) Within a coastal zone.
8 (B) Adjacent to a historical unit of the State Parks System.
9 (C) Listed on, or determined by the State Office of Historic
10 Preservation to be eligible for, the National Register of Historic
11 Places.
12 (D) Within the Lake Tahoe region as defined in Section 66905.5.
13 SEC. 2. Section 54221.5 is added to the Government Code,to
14 read:
15 54221.5. (a) Before taking any action to dispose of land, a
16 local agency shall declare that the land is either"surplus land" or
17 "exempt surplus land"as specified in this section.The declaration
18 shall be supported by written findings before the local agency may
19 dispose of the land in a manner that is consistent with this section
20 and the local agency's policies.
21 (b) Except as provided in subdivision (c), a local agency shall
22 take formal action at a regular public meeting to declare that land
23 is either"surplus land" or"exempt surplus land."
24 (c) Notwithstanding subdivision(b),a local agency may declare
25 administratively that land is not required to make a declaration at
26 a public meeting for land that is "exempt surplus land" pursuant
27 to subparagraphs (A), (B), (E), (H),-er(I)(I), or(M) of paragraph
28 (1) of subdivision (f) of Section 54221 if the declaration and
29 findings arc local agency identifies the land in a notice that is
30 published and available for public comment, including notice to
31 the entities identified in subdivision (a) of Section 54222, at least
32 30 days before the declaration exemption takes effect.
33 (d) Notwithstanding Section 54222.3,30 days before disposing
34 of land declared"exempt surplus land,"a local agency shall provide
35 the Department of Housing and Community Development a written
36 notification of its declaration and findings in a form and manner
37 prescribed by the department.
38 (e) A local agency may, on an annual basis, declare multiple
39 parcels as "surplus land" or"exempt surplus land."
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1 SEC. 3. Section 54222 of the Government Code is amended
2 to read:
3 54222. Except as provided in Division 23 (commencing with
4 Section 33000) of the Public Resources Code, any local agency
5 disposing of surplus land, declared pursuant to subdivision (b) of
6 Section 54221.5, shall send, before disposing of that property or
7 participating in negotiations to dispose of that property with a
8 prospective transferee, a written notice of availability of the
9 property to all of the following:
10 (a) (1) A written notice of availability for developing low-and
11 moderate-income housing,in a form prescribed by the Department
12 of Housing and Community Development, shall be sent to any
13 local public entity, as defined in Section 50079 of the Health and
14 Safety Code,that has jurisdiction where the surplus land is located.
15 Housing sponsors, as defined by Section 50074 of the Health and
16 Safety Code, that have notified the Department of Housing and
17 Community Development of their interest in surplus land shall be
18 sent a notice of availability for the purpose of developing low-and
19 moderate-income housing.All notices shall be sent by electronic
20 mail, or by certified mail, and shall include the location and a
21 description of the property.
22 (2) The Department of Housing and Community Development
23 shall maintain on its internet website an up-to-date listing of, and
24 a link to,all notices of availability throughout the state and a listing
25 of all entities, including housing sponsors, that have notified the
26 department of their interest in surplus land for the purpose of
27 developing low- and moderate-income housing.
28 (b) A written notice of availability for open-space purposes shall
29 be sent:
30 (1) To any park or recreation department of any city within
31 which the surplus land is located.
32 (2) To any park or recreation department of the county within
33 which the surplus land is located.
34 (3) To any regional park authority having jurisdiction within
35 the area in which the surplus land is located..
36 (4) To the State Resources Agency or any agency that may
37 succeed to its powers.
38 (c) A written notice of availability of land suitable for school
39 facilities construction or use by a school district for open-space
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1 purposes shall be sent to any school district that has jurisdiction
2 where the surplus land is located.
3 (d) A written notice of availability for developing property
4 located within an infill opportunity zone designated pursuant to
5 Section 65088.4 or within an area covered by a transit village plan
6 adopted pursuant to the Transit Village Development Planning
7 Act of 1994 (Article 8.5 (commencing with Section 65460) of
8 Chapter 3 of Division 1 of Title 7) shall be sent to any county,
9 city,city and county, successor agency to a former redevelopment
10 agency, public transportation agency, or housing authority within
11 whose jurisdiction the surplus land is located.
12 (e) The entity desiring to purchase or lease the surplus land for
13 any of the purposes authorized by this section shall notify in writing
14 the disposing agency of its interest in purchasing or leasing the
15 land within 60 days after the agency's notice of availability is sent
16 via certified mail or provided via electronic mail.
17 (f) For the purposes of this section, "participating in
18 negotiations" does not include the commissioning of appraisals,
19 due diligence prior to disposition,discussions with brokers or real
20 estate agents not representing a potential buyer, or other studies
21 to determine value or best use of land, issuance of a request for
22 qualifications,development of marketing materials,or discussions
23 conducted exclusively among local agency employees and elected
24 officials.
25 SEC.4. Section 54222.5 of the Government Code is amended
26 to read:
27 54222.5. An entity proposing to use the surplus land for
28 developing low-and moderate-income housing shall agree to make
29 available not less than 25 percent of the total number of units
30 developed on the parcels at affordable housing cost, as defined in
31 Section 50052.5 of the Health and Safety Code,or affordable rent,
32 as defined in Section 50053 of the Health and Safety Code, to
33 lower income households, as defined in Section 50079.5 of the
34 Health and Safety Code. Rental units shall remain affordable to,
35 and occupied by, lower income households for a period of at least
36 55 years.The initial occupants of all ownership units shall be lower
37 income households, and the units shall be subject to an equity
38 sharing agreement consistent with paragraph (2) of subdivision
39 (c) of Section 65915. These requirements shall be contained in a
40 covenant or restriction recorded against the surplus land at the time
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1 of sale,that shall run with the land and shall be enforceable,against
2 any owner who violates a covenant or restriction and each
3 successor in interest who continues the violation, by any of the
4 following:
5 (a) The local agency that disposed of the surplus land.
6 (b) A resident of a unit subject to this section.
7 (c) A residents' association with members who reside in units
8 subject to this section.
9 (d) A former resident of a unit subject to this section who last
10 resided in that unit.
11 (e) An applicant seeking to enforce the covenants or restrictions
12 for a particular unit that is subject to this section, if the applicant
13 conforms to all of the following:
14 (1) Is of low or moderate income,pursuant to Section 50093 of
15 the Health and Safety Code. •
16 (2) Is able and willing to occupy that particular unit.
17 (3) Was denied occupancy of that particular unit due to an
18 alleged breach of a covenant or restriction implementing this
19 section.
20 (f) A person on an affordable housing waiting list who is of low
21 or moderate income,pursuant to Section 50093 of the Health and
22 Safety Code, and who is able and willing to occupy a unit subject
23 to this section.
24 SEC. 5. Section 54223 of the Government Code is amended
25 to read:
26 54223. (a) After the disposing agency has received a notice
27 of interest from the entity desiring to purchase or lease the surplus
28 land on terms that comply with this article, the disposing agency
29 and the entity shall enter into good faith negotiations to determine
30 a mutually satisfactory sales price and terms or lease terms. If the
31 price or terms cannot be agreed upon after a good faith negotiation
32 period of not less than 90 days, the local agency may dispose of
33 the surplus land without further regard to this article, except that
34 Section 54233 shall apply.
35 (b) Residential use shall be deemed an acceptable use for the
36 surplus land for the purposes of good faith negotiations with a
37 local agency conducted pursuant to this article. Nothing in this
38 subdivision shall restrict a local jurisdiction's authority or
39 discretion to approve land use,zoning, or entitlement decisions in
40 connection with the surplus land.Except as provided in subdivision
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AB 480 —14—
1 (c), terms agreed to pursuant to the negotiations shall not do any
2 of the following:
3 (1) Disallow residential use of the site as a condition of the
4 disposal.
5 (2) Reduce the allowable number of residential units or the
6 maximum lot coverage below what may be allowed by zoning or
7 general plan requirements.
8 (3) Require as a condition of disposal, any design standards or •
9 architectural requirements that would have a substantial adverse
10 effect on the viability or affordability of a housing development
11 for very low,low-,or moderate-income households,other than the
12 minimum standards required by general plan, zoning, and
13 subdivision standards and criteria.
14 (c) Terms agreed to pursuant to the negotiations required by
15 subdivision(a)may include limitations on residential use or density
16 if, without the limitations, the residential use or density would
17 have a specific, adverse impact, supported by written findings,
18 upon the public health or safety or upon the operation or facilities
19 of a local agency, and there is no feasible method to satisfactorily
20 mitigate the impact.
21 SEC. 6. Section 54224 of the Government Code is amended
22 to read:
23 54224. Nothing in this article shall preclude a local agency
24 that purchases surplus land from a disposing agency pursuant to
25 this article from reconveying the surplus land to a nonprofit or
26 for-profit housing developer for development of low- and
27 moderate-income housing as authorized under other provisions of
28 law.
29 SEC. 7. Section 54225 of the Government Code is amended
30 to read:
31 54225. Any local agency disposing of surplus land to an entity
32 described in Section 54222 that intends to use the land for park or
33 recreation purposes,for open-space purposes,for school purposes,
34 or for low- and moderate-income housing purposes may provide
35 for a payment period of up to 20 years in any contract of sale or
36 sale by trust deed for the land. The payment period for surplus
37 land disposed of for housing for persons and families of low and
38 moderate income may exceed 20 years, but the payment period
39 shall not exceed the term that the land is required to be used for
40 low- or moderate-income housing.
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1 SEC. 8. Section 54227 of the Government Code is amended
2 to read:
3 54227. (a) In the event that any local agency disposing of
4 surplus land receives a notice of interest to purchase or lease that
5 land from more than one of the entities to which notice of
6 availability was given pursuant to this article, the local agency
7 shall give first priority to the entity or entities that agree to use the
8 site for housing that meets the requirements of Section 54222.5.
9 If the local agency receives offers from more than one entity that
10 agrees to meet the requirements of Section 54222.5,then the local
11 agency shall give priority to the entity that proposes to provide the
12 greatest number of units that meet the requirements of Section
13 54222.5.In the event that more than one entity proposes the same
14 number of units that meet the requirements of Section 54222.5,
15 priority shall be given to the entity that proposes the deepest
16 average level of affordability for the affordable units. A local
17 agency may negotiate concurrently with all entities that provide
18 notice of interest for the purpose of developing low- and
19 moderate-income housing that meets the requirements of Section
20 54222.5.
21 (b) Notwithstanding subdivision(a),first priority shall be given
22 to an entity that agrees to use the site for park or recreational
23 purposes if the land being offered is already being used and will
24 continue to be used for park or recreational purposes,or if the land
25 is designated for park and recreational use in the local general plan •
26 and will be developed for that purpose.
27 SEC. 9. Section 54230.5 of the Government Code is amended
28 to read:
29 54230.5. (a) (1) A local agency that disposes of surplus land
30 in violation of this article after receiving a notification from the
31 Department of Housing and Community Development pursuant
32 to subdivision(b)that the local agency is in violation of this article
33 shall be liable for a penalty of 30 percent of the greater of the final
34 sale price, or of the fair market value of the surplus land at the
35 time of disposition, as determined by an independent appraisal,
36 appraisal of the surplus land sold in violation of this article for a
37 first—violation violation, and 50 percent of the greater of the two
38 sums,for any subsequent violation.An entity identified in Section
39 54222 or a person who would have been eligible to apply for
40 residency in any affordable housing developed or a housing
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AB 480 —16—
1 organization as defined in Section 65589.5, or any beneficially
2 interested person or entity may bring an action to enforce this
3 section. A local agency shall have 60 days to cure or correct an
4 alleged violation before an action may be brought to enforce this
5 section,unless the local agency disposes of the surplus land before
6 curing or correcting the alleged violation,or the department deems
7 the alleged violation not to be a violation in less than 60 days.
8 (2) A penalty assessed pursuant to this subdivision shall,except .
9 as otherwise provided,be deposited into a local housing trust fund.
10 The local agency may elect to instead deposit the penalty moneys
11 into the Building Homes and Jobs Trust Fund or the Housing
12 Rehabilitation Loan Fund.Penalties shall not be paid out of funds
13 already dedicated to affordable housing,including,but not limited
14 to, Low and Moderate Income Housing Asset Funds, funds
15 dedicated to housing for very low, low-, and moderate-income
16 households, and federal HOME Investment Partnerships Program
17 and Community Development Block Grant Program funds. The
18 local agency shall commit and expend the penalty moneys
19 deposited into the local housing trust fund within five years of
20 deposit for the sole purpose of financing newly constructed housing
21 units that are affordable to extremely low,very low,or low-income
22 households.
23 (3) Five years after deposit of the penalty moneys into the local
24 housing trust fund,if the funds have not been expended,the funds
25 shall revert to the state and be deposited in the Building Homes
26 and Jobs Trust Fund or the Housing Rehabilitation Loan Fund for
27 the sole purpose of financing newly constructed housing units
28 located in the same jurisdiction as the surplus land and that are
29 affordable to extremely low,very low,or low-income households.
30 Expenditure of any penalty moneys deposited into the Building
31 Homes and Jobs Trust Fund or the Housing Rehabilitation Loan
32 Fund pursuant to this subdivision shall be subject to appropriation
33 by the Legislature.
34 (b) (1) Before agreeing to terms for the disposition of surplus
35 land, a local agency shall provide to the Department of Housing
36 and Community Development a description of the notices of
37 availability sent, and negotiations conducted with any responding
38 entities,in regard to the disposal of the parcel of surplus land and
39 a copy of any restrictions to be recorded against the property
40 pursuant to -Section 54222.5, 54233, or 54233.5, whichever is
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—.17— AB 480
1 applicable, in a form prescribed by the Department of Housing
2 and Community Development. A local agency may submit this
3 information after it has sent notices of availability required by
•
4 Section 54222 and concluded negotiations with any responding
5 agencies.A local agency shall not be liable for the penalty imposed
6 by subdivision (a) if the Department of Housing and Community
7 Development does not notify the agency that the agency is in
8 violation of this article within 30 days of receiving the description.
9 (2) The Department of Housing and Community Development
10 shall do all of the following:
11 (A) Make available educational resources and materials that
12 inform each agency of its obligations under this article and that
13 provide guidance on how to comply with its provisions.
14 (B) Review information submitted pursuant to paragraph (1).
15 (C) Submit written findings to the local agency within 30 days
16 of receipt of the description required by paragraph (1) from the
17 local agency if the proposed disposal of the land will violate this
18 article.
19 (D) Review, adopt, amend, or repeal guidelines to establish
20 uniform standards to implement this section. The guidelines
21 adopted pursuant to this subdivision are not subject to Chapter 3.5
22 (commencing with Section 11340) of Part 1 of Division 3 of Title
23 2.
24 (E) Provide the local agency reasonable time, but not less than
25 60 days, to respond to the findings before taking any other action
26 authorized by this section.
27 (3) (A) The local agency shall consider findings made by the
28 Department of Housing and Community Development pursuant
29 to subparagraph (C) of paragraph (2) and shall do one of the
30 following:
31 (i) Correct any issues identified by the Department of Housing
32 and Community Development.
33 (ii) Provide written findings explaining the reason its process
34 for disposing of surplus land complies with this article and
35 addressing the Department of Housing and Community
36 Development's findings.
37 (B) If the local agency does not correct issues identified by the
38 Department of Housing and Community Development, does not
39 provide findings explaining the reason its process for disposing of
40 surplus land complies with this article and addressing the
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AB 480 —18—
1 Department of Housing and Community Development's findings,
2 or if the Department of Housing and Community Development
3 finds that the local agency's findings are deficient in addressing
4 the issues identified by the Department of Housing and Community
5 Development, the Department of Housing and Community
6 Development shall notify the local agency, and may notify the
7 Attorney General,that the local agency is in violation of this article.
8 (c) The Department of Housing and Community Development
9 shall implement the changes in this section made by the act adding
10 this subdivision commencing on January 1, 2021.
11 (d) Notwithstanding subdivision (c), this section shall not be
12 construed to limit any other remedies authorized under law to
13 enforce this article including public records act requests pursuant
14 to Division 10 (commencing with Section 7920.000) of Title 1.
15 SEC. 10. If the Commission on State Mandates determines
16 that this act contains costs mandated by the state, reimbursement
17 to local agencies and school districts for those costs shall be made
18 pursuant to Part 7 (commencing with Section 17500) of Division
19 4 of Title 2 of the Government Code.
0
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CITY OF HUNTINGTON BEACH
o #Q 2000 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA 92648-2702
--coUNTV0;;" TONY STRICKLAND
MAYOR
May 2, 2023
The Honorable Philip Ting
State Capitol, Ste. 8230
Sacramento, CA 95814
Dear Assembly Member Ting:
The City of Huntington Beach regrets that it must OPPOSE Assembly Bill 480. This bill
undermines the ability of local agencies to conduct appropriate economic development activities
on properties they acquire or otherwise own. It would also expand the scope of authority for the
Department of Housing and Community Development (HCD) to review"any action to dispose of
land," which would include properties retained for agency use, properties declared "exempt
• surplus," and properties that local agencies are authorized by other laws to acquire and dispose
of for economic development purposes.
The implementation of the Surplus Lands Act (SLA), including HCD's recent guidelines, have
created immense delays and difficulties for local government agencies dealing with the control
and disposal of their local properties. Regrettably, AB 480 would compound those difficulties by
expanding state reviews and delays affecting properties retained for agency use and declared
exempt surplus.
Rather than expanding the scope of the SLA, we should seek significant reform. The
Legislature should thoroughly evaluate the difficulties, bureaucratic delays and unintended
consequences caused by implementation of the existing law on local agency activities, including
addressing unresolved conflicts with other laws and state policy priorities the Legislature has
enacted that affect the disposal of local agency property.
For these reasons, the City of Huntington Beach regrets that it must respectfully Oppose AB
480. Please feel free to contact me at (714) 536-5553, or Tony.Strickland@surfcity-hb.org
whenever needed.
Sincerely,
Tony Strickland
Mayor
Cc: Cecilia Aguiar Curry, Chair, Assembly Local Government Committee
Buffy Wicks, Chair, Assembly Committee on Housing and Community Development
Members, Assembly Committee on Local Government
Members, Assembly Committee on Housing and Local Government
Gurbax Sahota, Chief Executive Officer, CALED
Fax 714.536.5233 Page 1 of 1 Office:714.536.5553
158
AMENDED IN SENATE APRIL 13, 2023
AMENDED IN SENATE MARCH 22, 2023
SENATE BILL No. 747
Introduced by Senator Caballero
February 17, 2023
An act to amend Sections 52200, 52200.6, 52201, 54221, 54222,
54226, 54230, 54230.5, and 54234 of the Government Code, relating
to local government.
LEGISLATIVE COUNSEL'S DIGEST
SB 747, as amended, Caballero. Land use: economic development:
surplus land.
(1) Existing law authorizes a city, county, or city and county, with
the approval of its legislative body by resolution after a public hearing,
to acquire, sell, or lease property in furtherance of the creation of an
economic opportunity, as defined. Existing law specifies the
Legislature's intent regarding those provisions.
This bill would authorize a city,county,or city and county,in addition
to a sale or lease, to otherwise transfer property to create an economic
opportunity. The bill would make related, conforming changes. The
bill would additionally state the Legislature's intent is to ensure that
residents of the state have access to jobs that allow them to afford
housing without the need for public subsidies.
Existing law provides that the creation of an economic opportunity
under that law is subject to certain notice and disclosure provisions.
These provisions require each local agency, before approving an
economic development subsidy within its jurisdiction, to provide
specified information in written form to the public, and through its
internet website, if available, about the business entities that are the
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SB 747 —2—
beneficiary of the economic development subsidy, the start and end
dates and schedule of the subsidy,other related information,and to hold
public hearings and report on those subsidies at specified intervals.
This bill would subject the creation of an economic opportunity under
the above-described provisions to only the above-described requirements
regarding providing information to the public on that economic
opportunity. The bill would specify that these provisions are an
alternative to any other authority or procedures for cities and counties
to acquire, sell, lease, or otherwise transfer real property owned by a
city or county.
(2) Existing law prescribes requirements for the disposal of surplus
land by a local agency. Existing law defines "surplus land" for those
purposes to generally mean land owned in fee simple by a local agency
for which the local agency's governing body takes formal action in a
public meeting declaring that the land is surplus and not necessary for
the agency's use. Existing law provides that these requirements do not
apply to the disposal of exempt surplus land by an agency of the state
or any local government.Existing law requires a local agency to declare
land as either surplus land or exempt surplus land, as supported by
written findings, before a local agency may take any action to dispose
of it. Under existing law, exempt surplus land includes, among other
types of land, property that is used by a district for an "agency's use"
as expressly authorized, land for specified developments, including a
mixed-use development, if put out to open, competitive bid by a local
agency, as specified, and surplus land that is subject to specified valid
legal restrictions.
This bill would define the term"dispose"for these purposes to mean
the sale of the surplus property or a lease of any surplus property entered
into on or after January 1, 2024, for a term longer than 35 years,
including renewal options, as specified. The bill would also redefine
the term "agency's use" to include use for transit or transit-oriented
development,property owned by a port that is used to support logistics
uses,airports,state tidelands,sites for broadband equipment or wireless
facilities, and waste disposal sites. The bill would define a district
relative to an"agency's use"to include infrastructure financing districts,
enhanced infrastructure financing districts, community revitalization
and investment authorities,affordable housing authorities,transit village
development districts, and climate resilience districts.
This bill would revise and recast certain of the provisions related to
exempt surplus land, including surplus land that is not contiguous to
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—3— SB 747
land owned by a state or local agency, that is used for open space or
low- and moderate- income housing purposes and meets specified
conditions, surplus land that is a former parking lot that is conveyed to
an owner of an adjacent property, and provisions related to mixed-use
developments, among others. The bill would also specify that certain
legal restrictions are valid legal restrictions and would require that for
surplus land that is subject to valid legal restrictions to be considered
exempt surplus land, the valid restrictions must be included as part of
the local agency's above-described written findings. The bill would
also include as exempt surplus land, land that is jointly developed or
used for a joint development, land that was purchased using federal
funds, land transferred to a community land trust, as specified, and
additional categories of land determined by the department, including
sites that are not suitable for housing.
This bill would authorize a local agency to administratively declare
that land is exempt surplus land, if the declaration and findings are
posted on the local agency's internet website, published and available
for public comment, including giving notice to specified entities, at
least 30 days before the declarations take effect. The bill would make
the local agency's declaration presumed conclusive,except as specified.
The bill would specify that the law governing surplus land does not
require a local agency to dispose of land that is determined to be surplus.
The bill would specify that the requirements for the disposal of surplus
land by a local agency do not apply to properties that a local agency
proposes to sell,lease, or otherwise transfer under the above-described
economic opportunity provisions.
Existing law generally requires a local agency disposing of surplus
land to send a written notice of availability of the property to specified
entities prior to disposing of that property or participating in negotiations
to dispose of that property with a prospective transferee.
This bill would create an exception from that notice requirement if
the prospective transferee is an affordable housing developer proposing
to develop an affordable housing project on the site which that will
meet or exceed a 25% affordability threshold, as described.
Under existing law, a local agency that disposes of surplus land after
receiving a notification from the Department of Housing and Community
Development that the agency is in violation of the law is liable for 30%
• of the final sale price of the land.Existing law authorizes certain entities
and interested persons to bring an action to enforce these provisions.
Existing law grants a local agency 60 days to cure or correct an alleged
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SB 747 —4—
violation before an action may be brought to enforce this provision,
except as specified.
This bill would require a local agency, upon receiving a notice of a
violation from the department,to consider the matter at a public meeting
within 30 days if the local agency proceeds with the disposal. The bill
would specify that following the public hearing, the local agency has
60 days to cure or correct an alleged violation before an action may be
brought to enforce this provision.
Existing law further requires the department to review,adopt,amend,
or repeal guidelines to establish uniform standards to implement this
provision and specifies that those guidelines are not subject to the
Administrative Procedure Act.
This bill would additionally require the department to solicit public
comments for 30 days and consider and respond in writing to the public
comments prior to adopting,amending,or repealing the guidelines.The
bill would additionally require the department to provide the local
agency an appeals process to overturn an adverse action by the
department affecting the local agency overseen by an independent trier
of fact.
Existing law provides that certain dispositions of real property by
local agencies are subject to surplus land disposal procedures as they
existed on December 31, 2019, if those dispositions are pursuant to
specified legal agreements and the disposition is completed by December
31,2022,or by December 31,2024,if the property is located in a charter
city with a population of over 2,000,000 persons and a local agency has
an option agreement duly authorized by the governing body to purchase
the property from a former redevelopment agency.
This bill would expand the applicability of those disposition
procedures to December 31, 2025, as to property located in a city or
county that entered into a legally binding agreement to dispose of the
property prior to September 30, 2019, and the transferee has exercised
one or more unilateral extension options which were a component of
the original agreement.
With respect to land held in the Community Redevelopment Property
Trust Fund or designated in a long-range property management plan
either for.sale or retained for future development,existing law provides
that certain dispositions of real property by local agencies are subject
to surplus land disposal procedures as they existed on December 31,
2019, if those dispositions are pursuant to specified legal agreements
entered into not later than December 31, 2020, and the disposition is
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-5— SB 747
completed by December 31, 2022, or by December 31, 2024, if the
property is located in a charter city with a population of over 2,000,000
persons and a local agency has an option agreement authorized by the
local agency's governing body to purchase the property from the former
redevelopment agency.
This bill would expand the applicability of those disposition
procedures for which an agreement has been entered into by December
31, 2020, if the disposition is completed by December 31, 2025, and
the property is located in a city or county that entered into a legally
binding agreement to dispose of the property before September 30,
2019,and the transferee has exercised one or more unilateral extension
options which were a component of the original agreement.
By imposing new duties on local agencies, the 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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to the statutory •
provisions noted above.
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 52200 of the Government Code is
2 amended to read:
3 52200. It is the intent of the Legislature to do all of the
4 following:
5 (a) Promote economic development on a local level so that
6 communities can enact local strategies to increase jobs, create
7 economic opportunity, and generate tax revenue for all levels of
8 government.
9 (b) Give local governments tools, at no cost,to the state, that
10 allow local governments to use their funds in a manner that
11 promotes economic opportunity.
12 (c) With the loss of redevelopment funds, cities, counties, and
13 cities and counties need to continue certain powers afforded to
14 redevelopment agencies that were critical to economic
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SB 747 —6-
1 development, yet do not have an impact on schools and the state
2 budget.
3 (d) Ensure that residents of the state have access to jobs that
4 allow them to afford housing without the need for public subsidies.
5 SEC. 2. Section 52200.6 of the Government Code is amended
6 to read:
7 52200.6. (a) (1) This part shall not be interpreted to authorize
8 the use of eminent domain for economic development purposes.
9 (2) •For the purposes of this part, a city, county, or city and
10 county shall not sell, lease, or otherwise transfer, at a price that is
11 less than the fair market value,any real property that was acquired
12 through eminent domain.This prohibition shall not apply to either
13 of the following:
14 (A) Any real property governed by a long-range property
15 management plan pursuant to,Section 34191.5 of the Health and
16 Safety Code.
17 (B) Any housing asset transferred to a city, county, or city and
18 county pursuant to paragraph (1) of subdivision (a) of Section
19 34176 of the Health and Safety Code or subdivision(c)of Section
20 34181 of the Health and Safety Code,provided that the successor
21 agency or the designated local authority in the affected jurisdiction
22 has received a finding of completion from the Department of
23 Finance pursuant to Section 34179.7 of the Health and Safety
24 Code.
25 (b) The creation of an economic opportunity pursuant to this.
26 part shall be subject only to the provisions of Section 53083.
27 (c) The provisions of this part are an alternative to any other
28 authority granted to, or procedures required by law for, cities or
29 counties to acquire,sell,lease,or otherwise transfer property owned
30 by a city or county.
31 SEC. 3. Section 52201 of the Government Code is amended
32 to read:
33 52201. (a) (1) A city,county, or city and county may acquire
34 property in furtherance of the creation of an economic opportunity.
35 A city, county, or city and county may sell, lease, or otherwise
36 transfer property to create an economic opportunity. The
37 acquisition, sale, lease, or transfer shall first be approved by the
38 legislative body by resolution after a public hearing.Notice of the
39 time and place of the hearing shall be published in a newspaper
40 of general circulation in the community at least once per week for
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1 at least two successive weeks, as specified in Section 6066, prior
2 to the hearing.
3 (2) The city, county, or city and county shall make available,
4 for public inspection and copying at a cost not to exceed the cost
5 of duplication, a report no later than the time of publication of the
6 first notice of the hearing mandated by this section. This report
7 shall contain both of the following:
8 (A) A copy of the proposed acquisition, sale, lease, or transfer.
9 (B) A summary that describes and specifies all of the following:
10 (i) The cost of the agreement to the city, county, or city and
11 county,including land acquisition costs,clearance costs,relocation
12 costs, the costs of any improvements to be provided by the city,
13 county, or city and county,plus the expected interest on any loans
14 or bonds to finance the agreements.
15 (ii) For the sale, lease, or transfer of property, the estimated
16 value of the interest to be conveyed or leased, determined at the
17 highest and best uses permitted under the general plan or zoning.
18 (iii) For the sale, lease, or transfer of property, the estimated
19 value of the interest to be conveyed or leased, determined at the
20 use and with the conditions, covenants, and development costs
21 required by the sale, lease, or transfer. The purchase price or
22 present value of the lease payments which the lessor will be
23 required to make during the term of the lease. If the sale price or
24 total rental amount is less than the fair market value of the interest
25 to be conveyed or leased, determined at the highest and best use,
26 then the city, county, or city and county shall provide as part of
27 the summary an explanation of the reasons for the difference.
28 (iv) An explanation of why the acquisition, sale, lease, or
29 transfer of the property will assist in the creation of economic
30 opportunity, with reference to all supporting facts and materials
31 relied upon in making this explanation.
32 (b) The resolution approving the acquisition, sale, lease, or
33 transfer shall be adopted by a majority vote unless the legislative
34 body has provided by ordinance for a two-thirds vote for that
35 purpose and shall contain a finding that the acquisition,sale,lease,
36 or transfer of the property will assist in the creation of economic
37 opportunity. For the sale, lease, or transfer of property, the
38 resolution shall also contain one of the following findings:
39 (1) The consideration is not less than the fair market value at
40 its highest and best use.
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1 (2) The consideration is not less than the fair reuse value at the
2 use and with the covenants and conditions and development costs
3 authorized by the sale,lease, or transfer.
4 (c) The provisions of this section are an alternative to any other
5 procedures required by law or authority granted by law to a city,
6 county, or city and county, to sell, lease, or otherwise transfer
7 property owned by a city, county, or city and county.
8 SEC. 4. Section 54221 of the Government Code is amended
9 to read:
10 54221. As used in this article, the following definitions shall
11 apply:
12 (a) (1) "Local agency" means every city, whether organized
. 13 under general law or by charter, county, city and county, district,
14 including school, sewer,water,utility, and local and regional park
15 districts of any kind or class, joint powers authority, successor
16 agency to a former redevelopment agency, housing authority, or
17 other political subdivision of this state and any instrumentality
18 thereof that is empowered to acquire and hold real property.
19 (2) The Legislature finds and declares that the term "district"
20 as used in this article includes all districts within the state,
21 including, but not limited to, all special districts, sewer, water,
22 utility,and local and regional park districts,and any other political
23 subdivision of this state that is a district,and therefore the changes
24 in paragraph(1)made by the act adding this paragraph that specify
25 that the provisions of this article apply to all districts, including
26 school, sewer, water, utility, and local and regional park districts
27 of any kind or class, are declaratory of, and not a change in,
28 existing law.
29 (b) (1) "Surplus land"means land owned in fee simple by any
30 local agency for which the local agency's governing body takes
31 formal action in a regular public meeting declaring that the land
32 is surplus and is not necessary for the agency's use. Land shall be
33 declared either "surplus land" or "exempt surplus land," as
34 supported by written findings,before a local agency may take any
35 action to dispose of it consistent with an agency's policies or
36 procedures. A local agency, on an annual basis, may declare
37 multiple parcels as "surplus land" or "exempt surplus land." A
38 local agency may administratively declare that lands as"exempt
39 surplus land" pursuant to subdivision (e) if the declaration and
40 findings are posted on the local agency's internet website or
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1 published and available for public comment, and notice to the
2 entities identified in subdivision (a) of Section 54222 occurs, at
3 least 30 days before the declaration takes effect.A local agency's •
4 declaration, determination, and written findings pursuant to this
5 paragraph section shall be presumed conclusive, unless a
6 prejudicial abuse of discretion is clearly established.
7 (2) "Surplus land" includes land held in the Community
8 Redevelopment Property Trust Fund pursuant to Section 34191.4
9 of the Health and Safety Code and land that has been designated
10 in the long-range property management plan approved by the
11 Department of Finance pursuant to Section 34191.5 of the Health
12 and Safety Code, either for sale or for future development, but
13 does not include any specific disposal of land to an identified entity
14 described in the plan.
15 (c) (1) Except as provided in paragraph (2), "agency's use"
16 shall include, but not be limited to, land that is being used, is
17 planned to be used pursuant to a written plan adopted by the local
18 agency's governing board for, or is disposed to support pursuant
19 to subparagraph (B) of paragraph (2) agency work or operations,
20 including,but not limited to,utility sites,parcels used or planned
21 to be used for transit or transit-oriented development, property
22 owned by a port that is used to support logistics uses, airports,
23 ' state tidelands, watershed property, land being used for
24 conservation purposes, land for demonstration, exhibition, or
25 educational purposes related to greenhouse gas emissions, sites
26 for broadband equipment or wireless facilities, and buffer sites
27 near sensitive governmental uses, including, but not limited to,
28 waste disposal sites, and waste water treatment plants.
29 (2) (A) "Agency's use" shall not include commercial or
30 industrial uses or activities, including nongovernmental retail,
31 entertainment,or office development.Property disposed of for the
32 sole purpose of investment or generation of revenue shall not be
33 considered necessary for the agency's use.
34 (B) In the case of a local agency that is a district,including,but
35 not limited to, those described in clause (iii), "agency's use"may
36 include commercial or industrial uses or activities, including
37 nongovernmental retail, entertainment, or office development or
38 be for the sole purpose of investment or generation of revenue if
39 the agency's governing body takes action in a public meeting
40 declaring that the use of the site will do one of the following:
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1 (i) Directly further the express purpose of agency work or
2 operations.
3 (ii) Be expressly authorized by a statute governing the local
4 agency,provided the district complies with Section 54233.5 where
5 applicable.
6 (iii) For the purposes of this subparagraph, a district includes,
7 but is not limited to, any of the following:
8 (I) A district, as referenced in paragraph (2) of subdivision(a).
9 (II) An infrastructure finance district established pursuant to
10 Chapter 2.8(commencing with Section 53395)of Part 1 of Division
11 2 of Title 5.
12 (III) An enhanced infrastructure financing district established
13 pursuant to Chapter 2.99(commencing with Section 53398.50)of
14 Part 1 of Division 2 of Title 5.
15 (IV) A community revitalization and investment authority
16 established pursuant to Division 4 (commencing with Section
17 62000) of Title 6.
18 (V) An affordable housing authority established pursuant to
19 Division 5 (commencing with Section 62250) of Title 6.
20 (VI) A transit village development district established pursuant
21 to Article 8.5 (commencing with Section 65460) of Chapter 3 of
22 Division 1 of Title 7.
23 (VII) A climate resilience district established pursuant to
24 Division 6 (commencing with Section 62300) of Title 6.
25 (d) "Dispose"means either of the following:
26 (1) The sale of the surplus land.
27 (2) The entering of a lease-of for surplus land land, which is for
28 a term longer than 35 years, including renewal options included
29 in the terms of the initial lcasc. lease, entered into on or after
30 January 1, 2024.
31 (e) (1) Except as provided in paragraph (2), "exempt surplus
32 land" means any of the following:
33 (A) Surplus land that is transferred pursuant to Section 25539.4
34 or 37364.
35 (B) Surplus land that is not contiguous to land owned by a state
36 or local agency that is used for open space or low- and
37 moderate-income housing purposes and meets any of the following
38 conditions:
39 (i) Is less than 5,000 square feet in area.
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1 (ii) Is less than the minimum legal residential building lot size
2 for the jurisdiction in which the parcel is located, or 5,000 square
3 feet in area, whichever is less.
4 (iii) Has no record access and is less than 10,000 square feet in
5 area.
6 (iv) Is sold or leased to an owner of contiguous land.
7 (C) Surplus land that a local agency is exchanging for another
8 property interest necessary for the agency's use.
9 (D) Surplus land that a local agency is transferring to another
10 local, state, or federal agency, or to a third-party intermediary for
11 future dedication for the receiving agency's use, or to a federally
12 recognized California Indian tribe.
13 (E) Surplus land that is a former street, right-of-way, parking
14 lot, or easement, and is conveyed to an owner of an adjacent
15 property.
16 (F) A housing development, which may have ancillary
17 commercial ground floor uses, that restricts 100 percent of the
18 residential units to persons and families of low or moderate income,
19 with at least 75 percent of the residential units restricted to lower
20 income households, as defined in Section 50079.5 of the Health
21 and Safety Code, with an affordable sales price or an affordable
22 rent, as defined in Sections 50052.5 or 50053 of the Health and
23 Safety Code,for a minimum of 55 years for rental housing and 45
24 years for ownership lousing, and in no event shall the maximum
25 affordable sales price or rent level be higher than 20 percent below
26 the median market rents or sales prices for the neighborhood in
27 which the site is located.
28 (G) A mixed-use development, which may include more than
29 one publicly owned parcel, that restricts at least 25 percent of the
30 residential units to lower income households,as defined in Section
31 50079.5 of the Health and Safety Code, with an affordable sales
32 price or an affordable rent, as defined in Sections 50052.5 and
33 50053 of the Health and Safety Code, for a minimum of 55 years
34 for rental housing and 45 years for ownership housing.
35 (H) Surplus land that is subject to valid legal restrictions that
36 are not imposed by the local agency and that would make housing
37 prohibited, unless there is a feasible method to satisfactorily
38 mitigate or avoid the prohibition on the site.
39 (i) Valid legal restrictions include, but are not limited to, all of
40 the following:
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1 (I) Existing constraints under ownership rights or contractual
2 obligations that prevent the use of the property for housing.
3 (II) Conservation or other easements or encumbrances that
4 prevent housing development.
5 (III) Existing leases, or other contractual obligations or
6 restrictions.
7 (IV) A requirement for voter approval to transfer the property.
8 (ii) Feasible methods to mitigate or avoid a valid legal restriction
9 on the site do not include a requirement that the local agency
10 acquire additional property rights or property interests belonging
11 to third parties.
12 (iii) An existing nonresidential land use designation on the
13 surplus land is not a legal restriction that would make housing
14 prohibited for purposes of this subparagraph.
15 (iv) Prior to disposition of the surplus land, the local agency
16 des shall include in its written findings adopted pursuant to
17 subdivision (b) the relevant legal restrictions as described in this
18 subparagraph.
19 (I) Surplus land that was granted by the state in trust to a local
20 agency or that was acquired by the local agency for trust purposes
21 by purchase or exchange, and for which disposal of the land is
22 authorized or required subject to conditions established by statute.
23 (J) Land that is subject to Sections 17388, 17515, 17536,81192,
24 81397, 81399, 81420, and 81422 of the Education Code and Part
25 14(commencing with Section 53570)of Division 31 of the Health
26 and Safety Code, unless compliance with this article is expressly
27 required.
28 (K) Surplus land that is a former military base that was conveyed
29 by the federal government to a local agency, and is subject to
30 Article 8 (commencing with Section 33492.125) of Chapter 4.5
31 of Part 1 of Division 24 of the Health and Safety Code, provided
32 that all of the following conditions are met:
33 (i) The former military base has an aggregate area greater than
34 five acres, is expected to include a mix of residential and
35 nonresidential uses,and is expected to include no fewer than 1,400
36 residential units upon completion of development or redevelopment
37 of the former military base.
38 (ii) The affordability requirements for residential units shall be
39 governed by a settlement agreement entered into prior to September
40 1, 2020. Furthermore, at least 25 percent of the initial 1,400
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1 residential units developed shall be restricted to lower income
2 households,as defined in Section 50079.5 of the Health and Safety
3 Code, with an affordable sales price or an affordable rent, as
4 defined in Sections 50052.5 and 50053 of the Health and Safety
5 Code, for a minimum of 55 years for rental housing and 45 years
6 for ownership housing.
7 (iii) Prior to disposition of the surplus land, the agency adopts
8 written findings that the land is exempt surplus land pursuant to
9 this subparagraph.
10 (iv) Prior to the disposition of the surplus land,the recipient has
11 negotiated a project labor agreement consistent with the local
12 agency's project stabilization agreement resolution,as adopted on
13 February 2, 2021, and any succeeding ordinance, resolution, or
14 policy,regardless of the length of the agreement between the local
15 agency and the recipient.
16 (v) The agency includes in the annual report required by
17 paragraph (2) of subdivision (a) of Section 65400 the status of
18 development of residential units on the former military base,
19 including the total number of residential units that have been
20 permitted and what percentage of those residential units are
21 restricted for persons and families of low or moderate income, as
22 defined in Section 50093 of the Health and Safety Code, or lower
23 income households, as defined in Section 50079.5 of the Health
24 and Safety Code.
25 A violation of this subparagraph is subject to the penalties
26 described in Section 54230.5. Those penalties are in addition to
27 any remedy a court may order for violation of this subparagraph
28 or the settlement agreement.
29 (L) Real property that is used by a district for agency's use
30 expressly authorized in subdivision (c).
31 (M) Land that has been transferred before June 30,2019,by the
32 state to a local agency pursuant to Section 32667 of the Streets
33 and Highways Code and has a minimum planned residential density
34 of at least 100 dwelling units per acre, and includes 100 or more
35 residential units that are restricted to persons and families of low
36 or moderate income, as defined in Section 50093 of the Health
37 and Safety Code, with an affordable sales price or an affordable
38 rent, as defined in Sections 50052.5 and 50053 of the Health and
39 Safety Code,for a minimum of 55 years for rental housing and 45
40 years for ownership housing. For purposes of this subparagraph,
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1 not more than 20 percent of the affordable units may be restricted
2 to persons and families of moderate income and at least 80 percent
3 of the affordable units must be restricted to persons and families
4 of lower income as defined in Section 50079.5 of the Health and
5 Safety Code.
6 (N) Land that is jointly developed or used for a joint
7 development as authorized in Section 99420 of the Public Utilities
8 Code.
9 (0) Land that was purchased using federal funds and for which
10 a federal agency has authorized the use of the land for specific
11 purposes.
12 (P) Land that is transferred to a community land trust, and all
13 of the following conditions are met:
14 (i) The property is being or will be developed or rehabilitated
15 as any of the following:
16 (I) An owner-occupied single-family dwelling.
17 (II) An owner-occupied unit in a multifamily dwelling.
18 (III) A member-occupied unit in a limited equity housing
19 cooperative.
20 (IV) A rental housing development.
21 (ii) Improvements on the property are or will be available for
22 use and ownership or for rent by qualified persons, as defined in
23 paragraph(6) of subdivision(c) of Section 214.18 of the Revenue
24 and Taxation Code.
25 (iii) (I) A deed restriction or other instrument, requiring a
26 contract or contracts serving as an enforceable restriction on the
27 sale or resale value of owner-occupied units or on the affordability
28 of rental units is recorded on or before the lien date following the
29 acquisition of the property by the community land trust.
30 (II) For purposes of this clause,the following definitions apply:
31 (ia) "A contract or contracts serving as an enforceable restriction
32 on the sale or resale value of owner-occupied units" means a
33 contract described in paragraph(11) of subdivision(a) of Section
34 402.1 of the Revenue and Taxation Code.
35 (ib) "A contract or contracts serving as an enforceable restriction
36 on the affordability of rental units" means an enforceable and
37 verifiable agreement with a public agency, a recorded deed
38 restriction,or other legal document described in subparagraph(A)
39 of paragraph(2) of subdivision(g) of Section 214 of the Revenue
40 and Taxation Code.
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1 (iv) A copy of the deed restriction or other instrument shall be
2 provided to the assessor.
3 (Q) Additional categories of exempt surplus land as determined
4 by the department, including, but not limited to, sites that are not
5 suitable for housing.
6 (2) Notwithstanding paragraph (1), a written notice of the
7 availability of surplus land for open-space purposes shall be sent
8 to the entities described in subdivision (b) of Section 54222 prior
9 to disposing of the surplus land, provided the land does not meet
10 the criteria in subparagraph(I) of paragraph (1), if the land is any
11 of the following:
12 (A) Within a coastal zone.
13 (B) Adjacent to a historical unit of the Statc Parks Systcm.state
14 parks system.
15 (C) Listed on, or determined by the State Office of Historic
16 Preservation to be eligible for, the National Register of Historic
17 Places.
18 (D) Within the Lake Tahoe region as defined in Section 66905.5.
19 (f) "Open-space purposes" means the use of land for public
20 recreation, enjoyment of scenic beauty, or conservation or use of
21 natural resources.
22 (g) "Persons and families of low or moderate income" has the •
23 same meaning as provided in Section 50093 of the Health and
24 Safety Code.
25 SEC. 5. Section 54222 of the Government Code is amended
26 to read:
27 54222. Except as provided in Division 23 (commencing with
28 Section 33000) of the Public Resources Code, any local agency
29 disposing of surplus land shall send, prior to disposing of that
30 property or participating in negotiations to dispose of that property
31 with a prospective transferee other than an affordable housing
32 developer proposing to develop an affordable housing project on
33 the site that meets or exceeds the 25-percent affordability threshold
34 described in Section 54222.5, a written notice of availability of
35 the property to all of the following:
36 (a) (1) A written notice of availability for the purpose of
37 developing low- and moderate-income housing shall be sent to
38 any local public entity, as defined in Section 50079 of the Health
39 and Safety Code, within whose jurisdiction the surplus land is
40 located. Housing sponsors, as defined by Section 50074 of the
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1 Health and Safety Code, that have notified the Department of
2 Housing and Community Development of their interest in surplus
3 land shall be sent a notice of availability of surplus land for the
4 purpose of developing low- and moderate-income housing. All
5 notices shall be sent by electronic mail, or by certified mail, and
6 shall include the location and a description of the,property.
7 (2) The Department of Housing and Community Development
8 shall maintain on its internet website an up-to-date listing of all
9 notices of availability throughout the state.
10 (b) A written notice of availability for open-space purposes shall
11 be sent:
12 (1) To any park or recreation department of any city within
13 which the land may be situated.
14 (2) To any park or recreation department of the county within
15 which the land is situated.
16 (3) To any regional park authority having jurisdiction within
17 the area in which the land is situated.
18 (4) To the State Resources Agency or any agency that may
19 succeed to its powers.
20 (c) A written notice of availability of land suitable for school
21 facilities construction or use by a school district for open-space
22 purposes shall be sent to any school district in whose jurisdiction
23 the land is located.
24 (d) A written notice of availability for the purpose of developing
25 property located within an infill opportunity zone designated
26 pursuant to Section 65088.4 or within an area covered by a transit
27 village plan adopted pursuant to the Transit Village Development
28 Planning Act of 1994 (Article 8.5 (commencing with Section
29 65460) of Chapter 3 of Division 1 of Title 7) shall be sent to any
30 county, city, city and county, successor agency to a former
31 redevelopment agency, public transportation agency, or housing
32 authority within whose jurisdiction the surplus land is located.
33 (e) The entity or association desiring to purchase or lease the
34 surplus land for any of the purposes authorized by this section
35 shall notify in writing the disposing agency of its interest in
36 purchasing or leasing the land within 60 days after the agency's
37 notice of availability of the land is sent via certified mail or
38 provided via electronic mail.
39 (f) For the purposes of this section, "participating in
40 negotiations" does not include the commissioning of appraisals,
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1 due diligence prior to disposition,discussions with brokers or real
2 estate agents not representing a potential buyer, or other studies
3 to determine value or best use of land, issuance of a request for
4 qualifications,development of marketing materials,or discussions
5 conducted exclusively among local agency employees and elected
6 officials.
7 SEC. 6. Section 54226 of the Government Code is amended
8 to read:
9 54226. (a) This article shall not be interpreted to limit the
10 power of any local agency to sell or lease surplus land at fair market
11 value or at less than fair market value, and any sale or lease at or
12 less than fair market value consistent with this article shall not be
13 construed as inconsistent with an agency's purpose.
14 (b) This article shall not prevent a local agency from obtaining
15 fair market value for the disposition of surplus land consistent with
16 this section.
17 (c) This article shall not be interpreted to limit a local agency's
18 authority or discretion to approve land use,zoning, or entitlement
19 decisions in connection with the surplus land.
20 (d) This article shall not be interpreted to require a local agency
21 to dispose of land that is determined to be surplus.
22 (e) This article shall not apply to properties that a local agency
23 proposes to sell, lease, or otherwise transfer pursuant to Part 4
24 (commencing with Section 52200) of Division 1 of Title 5.
25 (f) This article shall not apply when it conflicts with any other
26 provision or authority of statutory law.
27 SEC. 7. Section 54230 of the Government Code is amended
28 to read:
29 54230. (a) (1) On or before December 31 of each year, each
30 county and each city shall make a central inventory of all surplus
31 land, as defined in subdivision(b)of Section 54221, and all lands
32 in excess of its foreseeable needs, if any, identified pursuant to
33 Section 50569, located in all urbanized areas and urban clusters,
34 as designated by the United States Census Bureau, within the
35 jurisdiction of the county or city that the county or city or any of
36 its departments, agencies, or authorities owns or controls.
37 (2) (A) Subject to subparagraph(C),each county and each city
38 shall make a description of each parcel described in paragraph(1)
39 and the present use of the parcel a matter of public record and shall
40 report this information to the Department of Housing and
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1 Community Development no later than April 1 of each year,
2 beginning April 1, 2021, in a form prescribed by the department,
3 as part of its annual progress report submitted pursuant to paragraph
4 (2) of subdivision (a) of Section 65400.
5 (B) The information reported pursuant to this paragraph shall
6 include, but not be limited to, the following information with
7 respect to each site:
8 (i) Street address, or similar location information.
9 (ii) Assessor's parcel number.
10 (iii) Existing use.
11 (iv) Whether the site is surplus land or exempt surplus land.
12 (v) Size in acres.
13 (C) The Department of Housing and Community Development
14 may,in its discretion,delay implementation of this paragraph until
15 April 1, 2022.
16 (3) Each county and each city,upon request,shall provide a list
17 of its surplus land and excess surplus land to an individual,limited
18 dividend corporation,housing corporation,or nonprofit corporation
19 without charge.
20 (b) The Department of Housing and Community Development
21 shall provide the information reported to it by a city or county
22 pursuant to paragraph (2) of subdivision (a) to the Department of
23 General Services for inclusion in a digitized inventory of all
24 state-owned parcels that are in excess of state needs.
25 (c) The Department of Housing and Community Development
26 may review, adopt, amend, and repeal standards, forms, and
27 definitions in order to implement this section. Any standards,
28 forms, or definitions adopted, amended, or repealed pursuant to
29 this subdivision are hereby exempt from the rulemaking provisions
30 of the Administrative Procedure Act (Chapter 3.5 (commencing
31 with Section 11340) of Part 1 of Division 3 of Title 2).
32 SEC. 8. Section 54230.5 of the Government Code is amended
33 to read:
34 54230.5. (a) (1) A local agency that disposes of land in
35 violation of this article after receiving a notification from the
36 Department of Housing and Community Development pursuant
37 to subdivision(b)that the local agency is in violation of this article
38 shall be liable for a penalty of 30 percent of the final sale price of
39 the land sold in violation of this article for a first violation and 50
40 percent for any subsequent violation.An entity identified in Section
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1 54222 or a person who would have been eligible to apply for
2 residency in any affordable housing developed or a housing
3 organization as defined in Section 65589.5, or any beneficially
4 interested person or entity may bring an action to enforce this
5 section.Upon receiving a notice of violation from the department,
6 a local agency that proceeds with the disposal shall consider the
7 matter at a public meeting within 30 days. Following the public
8 meeting, a local agency shall have 60 days to cure or correct an
9 alleged violation before an action may be brought to enforce this
10 section,unless the local agency disposes of the land before curing
11 or correcting the alleged violation, or the department deems the
12 alleged violation not to be a violation in less than 60 days.
13 (2) A penalty assessed pursuant to this subdivision shall,except
14 as otherwise provided,be deposited into a local housing trust fund.
15 The local agency may elect to instead deposit the penalty moneys
16 into the Building Homes and Jobs Trust Fund or the Housing
17 Rehabilitation Loan Fund.Penalties shall not be paid out of funds
18 already dedicated to affordable housing,including,but not limited
19 to, Low and Moderate Income Housing Asset Funds, funds
20 dedicated to housing for very low, low-, and moderate-income
21 households, and federal HOME Investment Partnerships Program
22 and Community Development Block Grant Program funds. The
23 local agency shall commit and expend the penalty moneys
24 deposited into the local housing trust fund within five years of
25 deposit for the sole purpose of financing newly constructed housing
26 units that are affordable to extremely low,very low,or low-income
27 households.
28 (3) Five years after deposit of the penalty moneys into the local
29 housing trust fund,if the funds have not been expended,the funds
30 shall revert to the state and be deposited in the Building Homes
31 and Jobs Trust Fund or the Housing Rehabilitation Loan Fund for
32 the sole purpose of financing newly constructed housing units
33 located in the same jurisdiction as the surplus land and that are
34 affordable to extremely low,very low,or low-income households.
35 Expenditure of any penalty moneys deposited into the Building
36 Homes and Jobs Trust Fund or the Housing Rehabilitation Loan
37 Fund pursuant to this subdivision shall be subject to appropriation
38 by the Legislature.
39 (b) (1) Prior to agreeing to terms for the disposition of surplus
40 land, a local agency shall provide to the Department of Housing
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1 and Community Development a description of the notices of
2 availability sent, and negotiations conducted with any responding
3 entities, in regard to the disposal of the parcel of surplus land and
4 a copy of any restrictions to be recorded against the property
5 pursuant to Section 54233 or 54233.5,whichever is applicable,in
6 a form prescribed by the Department of Housing and Community
7 Development. A local agency may submit this information after
8 it has sent notices of availability required by Section 54222 and
9 concluded negotiations with any responding agencies. A local
10 agency shall not be liable for the.penalty imposed by subdivision
11 (a) if the Department of Housing and Community Development
12 does not notify the agency that the agency is in violation of this
13 article within 30 days of receiving the description.
14 (2) The Department of Housing and Community Development
15 shall do all of the following:
16 (A) Make available educational resources and materials that
17 inform each agency of its obligations under this article and that
18 provide guidance on how to comply with its provisions.
19 (B) Review information submitted pursuant to paragraph (1).
20 (C) Submit written findings to the local agency within 30 days
21 of receipt of the description required by paragraph (1) from the
22 local agency if the proposed disposal of the land will violate this
23 article.
24 (D) Review, adopt, amend, or repeal guidelines to establish
25 uniform standards to implement this section. The guidelines
26 adopted pursuant to this subdivision are not subject to Chapter 3.5
27 (commencing with Section 11340) of Part 1 of Division 3 of Title
28 2. Prior to adopting, amending, or repealing guidelines, the
29 department shall do-all both of the following:
30 (i) Solicit public comments on the proposed guidelines for at
31 least 30 days.
32 (ii) Consider and respond to public comments in writing.
33 (E) Provide the local agency reasonable time, but not less than
34 60 days, to respond to the findings before taking any other action
35 authorized by this section.
36 (F) Provide the local agency an appeals process that is overseen
37 by an independent trier of fact to overturn an adverse action taken
38 by the department authorized by this section affecting the local
39 agency that is overseen by an indcpcndcnt trier of fact. agency.
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1 (3) (A) The local agency shall consider findings made by the
2 Department of Housing and Community Development pursuant
3 to subparagraph (B) of paragraph (2) and shall do one of the
4 following:
5 (i) Correct any issues identified by the Department of Housing
6 and Community Development.
7 (ii) Provide written findings explaining the reason its process
8 for disposing of surplus land complies with this article and
9 addressing the Department of Housing and Community
10 Development's findings.
11 (B) If the local agency does not correct issues identified by the
12 Department of Housing and Community Development, does not
13 provide findings explaining the reason its process for disposing of
14 surplus land complies with this article and addressing the
15 Department of Housing and Community Development's findings,
16 or if the Department of Housing and Community Development
17 finds that the local agency's findings are deficient in addressing
18 the issues identified by the Department of Housing and Community
19 Development, the Department of Housing and Community
20 Development shall notify the local agency, and may notify the
21 Attorney General,that the local agency is in violation of this article.
22 (c) The Department of Housing and Community Development
23 shall implement the changes in this section made by the act adding
24 this subdivision commencing on January 1, 2021.
25 (d) Notwithstanding subdivision (c), this section shall not be
26 construed to limit any other remedies authorized under law to
27 enforce this article including public records act requests pursuant
28 to Division 10 (commencing with Section 7920.000) of Title 1.
29 SEC. 9. Section 54234 of the Government Code is amended
30 to read:
31 54234. (a) (1) If a local agency, as of September 30, 2019,
32 has entered into an exclusive negotiating agreement or legally
33 binding agreement to dispose of property, the provisions of this
34 article as it existed on December 31, 2019, shall apply, without
35 regard to the changes made to this article by Chapter 664 of the
36 Statutes of 2019, and all subsequent amendments to this article,
37 to the disposition of the property to the party that had entered into
38 such agreement or its successors or assigns, provided the
39 disposition is completed by either of the following dates, as
40 applicable:
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SB 747 —22—
1 (A) December 31,2022,unless either of the conditions described
2 in subparagraph (B)apply.
3 (B) (i) December 31,2024,if the property is located in a charter
4 city with a population of over 2,000,000 persons and a local agency
5 has an option agreement duly authorized by the local agency's
6 governing body to purchase the property from the former
7 redevelopment agency.
8 (ii) December 31, 2025, if the property is located in a city or
9 county which entered into a legally binding agreement to dispose
10 of the property prior to September 30,2019,and the transferee has
11 exercised one or more unilateral extension options which were a
12 component of the original agreement.
13 (2) If a local agency, as of September 30, 2019, has entered
14 into an exclusive negotiating agreement or legally binding
15 agreement to dispose of property related to the Metro North
16 Hollywood Joint Development Project,the provisions of this article
17 as it existed on December 31, 2019, shall apply,without regard to
18 the changes made to this article by Chapter 664 of the Statutes of
19 2019, and all subsequent amendments to this article, to the
20 disposition of the property to the party that had entered into such
21 agreement or its successors or assigns,provided the disposition is
22 completed not later than December 31, 2024.
23 (3) If a local agency, as of September 30, 2019, has issued a
24 competitive request for proposals for the development of property
25 that includes at least 100 residential units and at least 25 percent
26 of the total residential units are restricted to lower income
27 households,as defined in Section 50079.5 of the Health and Safety
28 Code, with an affordable housing cost or an affordable rent, as
29 defined in Sections 50052.5 and 50053 of the Health and Safety
30 Code, for a minimum of 55 years for rental housing and 45 years
31 for ownership housing, the provisions of this article as it existed
32 on December 31, 2019, shall apply,without regard to the changes
33 made to this article by Chapter 664 of the Statutes of 2019, and
34 all subsequent amendments to this article,to the disposition of the
35 property to the party that participated in the competitive request
36 for proposals process,or the parry's successors or assigns,provided
37 a disposition and development agreement for the property is entered
38 into not later than December 31, 2024. A joint development
39 involving multiple parcels shall meet the requirements of this
40 paragraph so long as there was a single competitive request for
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—23— SB 747
1 proposals process and the joint development otherwise meets all
2 the requirements listed in this paragraph. A "disposition and
3 development agreement" means an agreement between the
4 developer and the local agency that binds the developer to construct
5 a specific development and the local agency to dispose of the
6 property if permits and other entitlements for the project are
7 obtained. This paragraph shall not apply to land held in the
8 Community Redevelopment Property Trust Fund pursuant to
9 Section 34191.4 of the Health and Safety Code, or that has been
10 designated in a long-range property management plan pursuant to
11 Section 34191.5 of the Health and Safety Code. If the property is
12 not disposed of pursuant to a qualifying disposition and
13 development agreement before March 31,2026,or if no disposition
14 and development agreement is entered into before December 31,
15 2024, then future negotiations for and disposition of the property
16 shall be subject to the provisions of this article.
17 (4) The dates specified in paragraphs (1) to (3), inclusive, by
18 which the disposition of property must be completed shall be
19 extended if the disposition of property, the local agency's right or
20 ability to dispose of the property, or a development project for
21 which the property is proposed to be transferred, is the subject of
22 judicial challenge, by petition for writ of mandate, complaint for
23 declaratory relief or otherwise, to the date that is six months
24 following the final conclusion of such litigation.
25 (b) (1) With respect to land held in the Community
26 Redevelopment Property Trust Fund pursuant to Section 34191.4
27 of the Health and Safety Code, or that has been designated in a
28 long-range property management plan pursuant to Section 34191.5
29 of the Health and Safety Code,either for sale or retained for future
30 development, this article as it existed on December 31, 2019,
31 without regard to the changes made to this article by Chapter 664
32 of the Statutes of 2019, and all subsequent amendments to this
33 article, which take effect on January 1, 2020, shall apply to the
34 disposition of that property if both of the following apply:
35 (A) An exclusive negotiating agreement or legally binding
36 agreement for disposition is entered into not later than December
37 31, 2020.
38 (B) The disposition is completed not later than either of the
39 following dates, as applicable:
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SB 747 —24—
1 (i) December 31,2022,unless the conditions described in clause
2 (ii) or(iii) apply.
3 (ii) December 31, 2024, if the property is located in a charter
4 city with a population of over 2,000,000 persons and a local agency
5 has an option agreement duly authorized by the local agency's
6 governing body to purchase the property from the former
7 redevelopment agency.
8 (iii) December 31, 2025, if the property is located in a city or
9 county which entered into a legally binding agreement to dispose
10 of the property prior to September 30,2019,and the transferee has
11 exercised one or more unilateral extension options which were a
12 component of the original agreement.
13 (2) If land described in paragraph(1)is the subject of litigation,
14 including,but not limited to,litigation challenging the disposition
15 of such property, the right or ability to dispose of the property, or
16 a development project for which such property is proposed to be
17 transferred, the dates specified in paragraph(1) shall be extended
18 to the date that is six months following the final conclusion of such
19 litigation.
20 (c) Nothing in this section shall authorize or excuse any violation
21 of the provisions of this article as it existed on December 31,2019,
22 in the disposition of any property to which such provisions apply
23 pursuant to subdivision (a) or(b).
24 SEC. 10. If the Commission on State Mandates determines
25 that this act contains costs mandated by the state, reimbursement
26 to local agencies and school districts for those costs shall be made
27 pursuant to Part 7 (commencing with Section 17500) of Division
28 4 of Title 2 of the Government Code.
0
97
182
�'� N �N� CITY OF HUNTINGTON BEAC •
H
•
2000 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA 92648-2702
TONY STRICKLAND
MAYOR
May 3, 2023
The Honorable Anna Caballero
State Capitol, Ste. 7620
Sacramento, CA 95814
Dear Senator Caballero:
The City of Huntington Beach is pleased to SUPPORT Senate Bill 747, which contains much
needed clarifications and reforms to the Surplus Land Act (SLA). and reaffirms the role of
existing Economic Opportunity Law that is used by local agencies to acquire and dispose of
property to improve economic opportunities for local residents.
The implementation of the SLA, including recent guidelines by the Housing and Community
Development Department, has created immense delays and difficulties for the City of
Huntington Beach in dealing with the use of our properties to further housing and economic
development goals in service of our residents. SB 747 addresses these concerns through an
array of helpful changes and clarifications, provides for additional exceptions and definitions,
and improves transparency and processes.
Additional clarification to reaffirm the use of Economic Opportunity Law as a post-
redevelopment tool is greatly needed. The City of Huntington Beach appreciates the proposed
reform and thanks you for your leadership in beginning to apply a sharper legislative focus on
the application of the SLA. This will ensure that the administration of the law remains consistent
with legislative intent and avoids unintended delays or conflicts with other laws and policy
priorities the Legislature has enacted, including actions to support and further economic
development.
For these reasons, the City of Huntington Beach is pleased to support SB 747. Please feel
free to contact me at (714) 536-5553, or Tony.Strickland@surfcity-hb.org, whenever needed.
Sincerely,
Tony Strickland
Mayor
Cc: Members, Senate Committee on Governance and Finance
Gurbax Sahota, Chief Executive Officer, CALED
Fax 714.536.5233 Page 1 of 1 Office:714.536.5553
183
AMENDED IN ASSEMBLY APRIL 10, 2023
CALIFORNIA LEGISLATURE-2023-24 REGULAR SESSION
ASSEMBLY BILL No. 1035
Introduced by Assembly Member Muratsuchi
February 15, 2023
An act to add Section 798.30.7 to the Civil Code, relating to
mobilehomes.
LEGISLATIVE COUNSEL'S DIGEST
AB 1035, as amended, Muratsuchi. Mobilehome parks: rent caps.
Existing law, the Mobilehome Residency Law, prescribes various
terms and conditions of tenancies in mobilehome parks. Existing law
defines "tenancy" for these purposes as the right of a homeowner to
use a site within a mobilehome park on which to locate, maintain, and
occupy a mobilehome for human habitation, including the use of the
services and facilities of the park. Existing law, prohibits, with certain
exceptions,the management of a mobilehome park from increasing the
gross rental rate for a tenancy in a qualified mobilehome park, as
defined,more than 3%plus the percentage change in the cost of living,
or 5%, whichever is lower, of the lowest gross rental rate charged for
a tenancy at any time during the 12 months prior to the effective date
of the increase, subject to specified conditions. Existing law defines
"qualified mobilehome park"for these purposes as a mobilehome park
that is located within and governed by the jurisdictions of 2 or more
incorporated cities.
This bill would enact the Mobilehome Affordability Act. The bill
would prohibit the management of a mobilehome park from increasing
the gross rental rate for a tenancy for a mobilehome space more than
3% plus the percentage change in the cost of living, as defined, over
98
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AB 1035 —2—
the course of any 12-month period,as specified.The bill would prohibit
management from increasing the gross rental rate for a tenancy in more
than 2 increments over a 12-month period, after the tenant maintains
the tenancy over a 12-month period. The bill would prohibit
management from imposing an increase in rent on a prospective
purchaser or homeowner that purchases a mobilehome if the purchase
qualifies as an in-place transfer, as specified. The bill would exempt
specified mobilehome spaces from these provisions. Thc
This bill would specify that these provisions apply to rent increases
for mobilehome spaces occurring on or after January 1, 2023. The bill
would provide that in the event that management increased the rent by
more than the amount specified above between January 1, 2023, and
January 1,2024,then the applicable rent on January 1,2024,is the rent
as of January 1,2023,plus the maximum permissible increase,and that
management is not liable to the homeowner for any corresponding rent
overpayment. The bill would provide that its provisions shall not impair,
alter, or change any rental term or obligation contained in a rental
agreement in effect between management and a resident as of January
1, 2024, and which was entered into or became effective before January
1, 2023, except as described. The bill would void any waiver of the
rights provided under these provisions.Thc bill would authorize a local
government to adopt or maintain an ordinance, rule, regulation, or
initiative measure that establishes a maximum amount that may be
charged for rent, or other regulations for a tenancy. The bill would not
apply to a mobilehome park when a local government has adopted an
ordinance, rule, regulation, or initiative measure prior to the effective
date of the bill before January 1, 2024, that establishes a maximum
amount that may be charged by management for rent or otherwise
regulates the rental rate for a mobilehome tenancy. tenancy in that
mobilehome park.
This bill would state that its provisions are severable.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. This act shall be known, and may be cited, as the
2 Mobilehome Affordability Act.
3 SECTION 1.
4 SEC. 2. Section 798.30.7 is added to the Civil Code, to read:
98
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-3— AB 1035
1 798.30.7. (a) (1) Subject to paragraph (2) and except as
2 provided in subdivision(b),management shall not,over the course
3 of any 12-month period,increase the gross rental rate for a tenancy
4 in a mobilehome park by more than 3 percent plus the percentage
5 change in the cost of living, or 5 percent, whichever is lower, of
6 the lowest gross rental rate charged for the tenancy at any time
7 during the 12 months prior to the effective date of the increase.
8 (2) If the same homeowner maintains a tenancy over any
9 12-month period,the gross rental rate for the tenancy shall not be
10 increased in more than two increments over that 12-month period,
11 subject to the other restrictions of this subdivision governing gross
12 rental rate increases.
13 (b) (1) Except as provided in paragraph (2),for a new tenancy
14 in which no homeowner from the prior tenancy remains in lawful
15 possession of the mobilehome space, management may establish
16 the an initial rental rate not subject to for the new tenancy without
17 complying with subdivision(a). However, subdivision
18 (a) shall be applicable to subsequent increases of the rental rate
19 after that initial rental rate has been established, except as unless
20 otherwise provided in this section.
21 (2) Notwithstanding paragraph(1),management shall not impose
22 an increase in rent on a prospective purchaser or homeowner that
23 purchases a mobilehome if the purchase qualifies as an in-place
24 transfer. Subdivision (a) shall apply to the new tenancy created
25 after an in-place transfer and the initial rental rate shall be set at
26 the rental rate of the previous tenancy.
27 (c) Management shall provide notice of any increase in the rental
28 rate, pursuant to subdivision (a), rate to each homeowner in
29 accordance with Section 798.30.
30 (d) (1) This section shall not apply to a tenancy for any of the
31 following:
32 {�}
33 (A) A mobilehome space restricted by deed, regulatory
34 restriction contained in an agreement with a governmental agency,
35 or other recorded document as affordable housing for persons and
36 families of very low, low, or moderate income, as defined in
37 Section 50093 of the Health and Safety Code, or subject to an
38 agreement that provides housing subsidies for affordable housing
39 for persons and families of very low, low, or moderate income, as
98
• 186
AB 1035 —4-
1 defined in Section 50093 of the Health and Safety Code or
2 comparable federal statutes.
3 (2)
4 (B) A mobilehome space subject to any ordinance, rule,
5 regulation, or initiative measure that restricts annual increases in
6 the rental rate to an amount less than that provided in subdivision
7 (a).
8 (3)
9 (C) A mobilehome space within a resident-owned mobilehome
10 park, as defined in Section 799.
11 (4)
12 (D) A mobilehome space occupied by a resident who is not a
13 homeowner, including, but not limited to, any spaces that are
14 directly rented by management. The rental amount to be charged
15 for any such spaces shall be governed by Sections 1946.2, 1947.12
16 and 1947.13.
17 (2) This section shall not apply to a mobilehome park when a
18 local government has adopted an ordinance, rule, regulation, or
19 initiative measure before January 1, 2024, that establishes a
20 maximum amount that may be charged by management for rent
21 or otherwise regulates the rental rate for a mobilehome tenancy
22 in that mobilehome park.
23 (3) This section shall not impair, alter, or change any rental
24 term or obligation contained in a rental agreement in effect
25 between management and a resident as of January 1, 2024, and
26 which was entered into or became effective before January 1, 2023.
27 However, any rental provisions contained in those agreements
28 shall be subject to the provisions of this section following the date
29 upon which the term of the agreement has ended or has been
30 renewed or extended.
31 (e) (1) This Except as provided in subdivision (d), this section
32 shall apply to all rent increases occurring on or after January 1,
33 2023.
34 (2) In the event that management has increased the rent by more
35 than the amount permissible under subdivision(a)between January
36 1, 2023, and January 1, 2024, both of the following shall apply:
37 (A) The applicable rent on January 1, 2024, shall be the rent as
38 of January 1, 2023,plus the maximum permissible increase under
39 subdivision (a).
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-5— AB 1035
1 (B) Management shall not be liable to a homeowner for any
2 corresponding rent overpayment.
3 (f) Any waiver of the rights under this section shall be void as
4 contrary to public policy. •
5 (g) For the purposes of this section:
6 (1) "Consumer Price Index for All Urban Consumers for All
7 Items"means the following:
8 (A) The Consumer Price Index for All Urban Consumers for
9 All Items(CPI-U)for the metropolitan area in which the property
10 is located, as published by the United States Bureau of Labor
11 Statistics, which are as follows:
12 (i) The CPI-U for the Los Angeles-Long Beach-Anaheim
13 metropolitan area covering the Counties of Los Angeles and
14 Orange.
15 (ii) The CPI-U for the Riverside-San Bernardo-Ontario
16 metropolitan area covering the Counties of Riverside and San
17 Bernardino.
18 (iii) The CPI-U for the San Diego-Carlsbad metropolitan area
19 covering the County of San Diego.
20 (iv) The CPI-U for the San Francisco-Oakland-Hayward
21 metropolitan area covering the Counties of Alameda,Contra Costa,
22 Marin,San Francisco,and San Mateo.San Mateo,and Santa Clara.
23 (v) Any successor metropolitan area index to any of the indexes
24 listed in clauses (i) to (iv), inclusive.
25 (B) If the United States Bureau of Labor Statistics does not
26 publish a CPI-U for the metropolitan area in which the property
27 is located, the California Consumer Price Index for All Urban
28 Consumers for All Items as published by the Department of
29 Industrial Relations.
30 (C) On or after January 1, 2024, if the United States Bureau of
31 Labor Statistics publishes a CPI-U index for one or more
32 metropolitan areas not listed in subparagraph(A),that CPI-U index
33 shall apply in those areas with respect to rent increases that take
34 effect on or after August 1 of the calendar year in which the
35 12-month change in that CPI-U, as described in subparagraph(B)
36 of paragraph (2), is first published.
37 (2) (A) "Percentage change in the cost of living" means the
38 percentage change in the applicable CPI-U, as described in
39 paragraph (1) and computed pursuant to subparagraph (B) of this
40 paragraph.
98
188
AB 1035 —6—
1 (B) (i) For rent increases that take effect before August 1 of
2 any calendar year, the following shall apply:
3 (I) The percentage change shall be the percentage change in the
4 amount published for April of the immediately preceding calendar
5 year and April of the year before that.
6 (II) If there is not an amount published in April for the applicable
7 geographic area, the percentage change shall be the percentage
8 change in the amount published for March of the immediately
9 preceding calendar year and March of the year before that.
10 (ii) For rent increases that take effect on or after August 1 of
11 any calendar year, the following shall apply:
12 (I) The percentage change shall be the percentage change in the
13 amount published for April of that calendar year and April of the
14 immediately preceding calendar year.
15 (II) If there is not an amount published in April for the applicable
16 geographic area, the percentage change shall be the percentage
17 change in the amount published for March of that calendar year
18 and March of the immediately preceding calendar year.
19 (iii) The percentage change shall be rounded to the nearest
20 one-tenth of 1 percent.
21 (3) "In-place transfer"means the sale of a mobilehome pursuant
22 to Article 7 (commencing with Section 798.70) where the
23 mobilehome is transferred by a homeowner to a subsequent
24 homeowner and remains at the same mobilehome space.
25 (h) (1) Nothing in this section affects the authority of a local
26 government to adopt or maintain an ordinance, rule, regulation,
27 or initiative measure that establishes a maximum amount that may
28 be charged for rent, or other regulations for a tenancy.
29 (2) This section is not intended to express any policy regarding
30 the appropriate, allowable rental rate increase imposed by
31 ordinance, rule, regulation, or initiative measure regulating rent
32 increases, nor in connection with the continuation of any
33 mobilehome rent regulation that a local government has chosen
34 to enact and administer, based upon the particular needs or
35 economic conditions within the local jurisdiction.
36 (i) This section shall not apply to a mobilehome park when a
37 local government that has adopted an ordinance, rule, regulation,
38 or initiative measure prior to the effective date of this section that
39 establishes a maximum amount that may be charged by
98
189
-7— AB•1035
1 management for rcnt or othcrwisc regulates the rental rate for a
2 mobilchomc tenancy.
3 SEC. 2.
4 SEC. 3. The provisions of this measure are severable. If any
5 provision of this measure or its application is held invalid, that
6 invalidity shall not affect other provisions or applications that can
7 be given effect without the invalid provision or application.
0
98
190
May 3, 2023
The Honorable Al Muratsuchi
10210 Street,Suite 5610
Sacramento,CA 94249-0066
RE: AB 1035 Mobilehome parks: rent caps
Notice of Opposition
Dear Assemblymember Muratsuchi:
The City of Huntington Beach respectfully opposes AB 1035.The proposed legislation would interfere with
the free market rent system, which can interfere with a property's ability to produce sufficient income
and remain competitive.
The City of Huntington Beach Charter Section 803 states"The City shall not enact or enforce any measure
which mandates the price or other consideration payable to the owner in connection with the sale, lease,
rent, exchange or other transfer by the owner of real property...."
For these reasons,the City of Huntington Beach respectfully opposes AB 1035.
Sincerely, •
Tony Strickland
Mayor
City of Huntington Beach
Cc: Senator Janet Nguyen
Senator Dave Min
Assembly Member Diane Dixon
Assembly Member Tri Ta
ACC-OC Board of Directors(via email)
Bismarck Obando, Director of Public Affairs(bismarck@calcities:org)
League of California Cities (cityletters@calcities.org)
191
AMENDED IN SENATE MARCH 28, 2023
AMENDED IN SENATE FEBRUARY 22, 2023
SENATE BILL No. 4
Introduced by Senator Wiener
(Principal coauthors:Assembly Members-McKitirterBerman,McKinnor,
and Wicks)
(Coauthors: Senators Becker, Cortese,Eggman, Gonzalez,
Menjivar,and Skinner)
(Coauthors:Assembly Members Alvarez, Friedman, Gabriel,
Quirk-Silva, and Ward)
December 5, 2022
An act to add Section 65913.16 to the Government Code,relating to
housing.
LEGISLATIVE COUNSEL'S DIGEST
SB 4, as amended, Wiener. Planning and zoning: housing
development: higher education institutions and religious institutions.
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. That
law allows a development proponent to submit an application for a
development that is subject to a specified streamlined, ministerial
approval process not subject to a conditional use permit, if the
development satisfies certain objective planning standards.
Existing law, the Zenovich-Moscone-Chacon Housing and Home
Finance Act,establishes the California Tax Credit Allocation Committee
within the Department of Housing and Community Development.
Existing law requires the committee to allocate state low-income housing
97
192
SB 4 —2—
tax credits in conformity with state and federal law that establishes a
maximum rent that may be charged to a tenant for a project unit
constructed using low-income housing tax credits.
This bill would require that a housing development project be a use
by right upon the request of an applicant who submits an application
for streamlined approval, on any land owned by an independent
institution of higher education or religious institution on or before
January 1,2024,if the development satisfies specified criteria,'including
that the development is not adjoined to any site where more than
one-third of the square footage on the site is dedicated to industrial use.
The bill would define various terms for these purposes. Among other
things, the bill would require that 100% of the units, exclusive of
manager units, in a housing development project eligible for approval
as a use by right under these provisions be affordable to lower income
households, except that 20% of the units may be for moderate-income
households, and 5% of the units may be for staff of the independent
institution of higher education or the religions religious institution that
owns the land, provided that the units affordable to lower income
households are offered at affordable rent,as set in an amount consistent
with the rent limits established by the California Tax Credit Allocation
Committee, or affordable housing cost, as specified. The bill would
authorize the development to include ancillary uses on the ground floor
of the development, as specified.
This bill would specify that a housing development project that is
eligible for approval as a use by right under the bill is also eligible for
a density bonus or other incentives or concessions, bonus, incentives,
or concessions, or waivers or reductions of development and parking
standards, except as specified. The bill would require a development
subject to these provisions to provide off-street parking of up to one
space per unit,unless a state law or local ordinance provides for a lower
standard of parking, in which case the law or ordinance applies. The
bill would prohibit a local government from imposing any parking
requirement on a development subject to these provisions if the
development is located within one-half mile walking distance of public
transit, either.a high-quality transit corridor or a major transit stop, as
those terms are defined, or it is within one block of a car share vehicle.
This bill would require a local government that determines a proposed
development is in conflict with any objective planning standards, as
specified, to provide the developer with written documentation
explaining those conflicts under a specified timeframe. The bill would
97
193
-3— SB4
provide that the development shall be deemed to satisfy the required
objective planning standards if the local government fails to provide
the requisite documentation explaining any conflicts. The bill would
authorize a local government to conduct a design review, as described,
only if the design review focuses on compliance with the requisite
criteria of a streamlined, ministerial review process. The bill would
prohibit a local government from using a design review, as specified,
from 'inhibiting, chilling, or precluding a streamlined, ministerial
approval. The bill would require a local government to issue a
subsequent permit for developments approved under the provisions of
this act.
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 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 or to adopt a negative declaration if it finds that the
project will not have that effect.CEQA does not apply to the ministerial
approval of projects.
This bill, by requiring approval of certain development projects as a
use by right, would expand the exemption for ministerial approval of
projects under CEQA.
By adding to the duties of local planning officials with respect to
approving certain development projects, 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 65913.16 is added to the Government
2 Code, to read:
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1 65913.16. (a) For This section shall be known, and may be
2 cited, as the Affordable Housing on Faith and Higher Education
3 Lands Act of 2023.
4 (b) For purposes of this section:
5 (1) "Applicant" means a qualified developer who submits an
6 application for streamlined approval pursuant to this section.
7 (2) "Development proponent" means a developer that submits
8 a housing development project application to a local government
9 under the streamlined, ministerial review process pursuant to this
10 chapter.
11 (3) "Health care expenditures" include contributions pursuant
12 to Section 501(c) or (d) or 401(a) of the Internal Revenue Code
13 and payments toward "medical care" as defined in Section
14 213(d)(1) of the Internal Revenue Code.
15 (4) "Housing development project" has the same meaning as
16 defined in Section 65589.5.
17 (5) "Independent institution of higher education"has the same
18 meaning as defined in Section 66010 of the Education Code.
19 (6) "Industrial use"means utilities,manufacturing,transportation
20 storage and maintenance facilities, and warehousing facilities.
21 "Industrial use" does not include power substations or utility
22 conveyance such as power lines, broadband wires, and pipes.
23 (7) "Local government" means a city, including a charter city,
24 county, including a charter county, or city and county, including
25 a charter city and county.
26 (8) "Qualified developer"means any of the following:
27 (A) A local public entity, as defined in Section 50079 of the
28 Health and Safety Code.
29 (B) (i) A developer that is a nonprofit corporation, a limited
30 partnership in which the managing general partner is a nonprofit
31 corporation,or a limited liability company in which the managing
32 member is a nonprofit corporation.
33 (ii) The developer, at the time of submission of an application
34 for development pursuant to this section,owns property or manages
35 housing units located on property that is exempt from taxation
36 pursuant to the welfare exemption established in subdivision (a)
37 of Section 214 of the Revenue and Taxation Code.
38 (C) A developer that contracts with a nonprofit corporation that
39 has received a welfare exemption under Section 214.15 of the
40 Revenue and Taxation Code for properties intended to be sold to
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1 low-income families with financing in the form of zero interest
2 rate loans.
3 (D) A developer that the religious institution or independent
4 institution of education, as defined in this section, has contracted
5 with before to construct housing or other improvements to real
6 property.
7 (9) "Religious institution" means an institution owned,
8 controlled, and operated and maintained by a bona fide church,
9 religious denomination, or religious organization composed of
10 multidenominational members of the same well-recognized
11 religion, lawfully operating as a nonprofit religious corporation
12 pursuant to Part 4 (commencing with Section9)9110), or as
13 a corporation sole pursuant to Part 6(commencing with Section
14 10000), of Division 2 of Title 1 of the Corporations Code.
15 (10) "Use by right" means a development project that satisfies
16 both of the following conditions:
17 (A) The development project does not require a conditional use
18 permit, planned unit development permit, or other discretionary
19 local government review.
20 (B) The development project is not a"project" for purposes of
21 Division 13 (commencing with Section 21000) of the Public
22 Resources Code.
23 {lf)}
24 (c) Notwithstanding any inconsistent provision of a local
25 government's general plan, specific plan, zoning ordinance, or
26 regulation,upon the request of an applicant,a housing development
27 project shall be a use by right, if all of the following criteria are
28 satisfied:
29 (1) The development is located on land owned on or before
30 January 1,2024,by an independent institution of higher education
31 or a religious institution,including ownership through an affiliated
32 or associated nonprofit public benefit corporation organized
33 pursuant to the Nonprofit Corporation Law (Part 2 (commencing
34 with Section 5110) of Division 2 of Title 1 of the Corporations
35 Code).
36 (2) The development is located on a parcel that satisfies the
37 requirements specified in subparagraphs(A)and(B)of paragraph
38 (2) of subdivision (a) of Section 65913.4.
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1 (3) The development is located on a parcel that satisfies the
2 requirements specified in subparagraphs (B) to (K), inclusive, of
3 paragraph(6) of subdivision (a) of Section 65913.4.
4 (4) The development is located on a parcel that satisfies the
5 requirements specified in paragraph (7) of subdivision (a) of
6 Section 65913.4.
7 (5) The development is not adjoined to any site where more
8 than one-third of the square footage on the site is dedicated to
9 industrial use. For purposes of this subdivision, parcels separated
10 by only a street or highway shall be considered to be adjoined.
11 (6) The development projcct is located on a sitc that is
12 one-quarter acrc in size or greater.
13 (-
14 (6) One hundred percent of the development project's total units,
15 exclusive of a manager's unit or units, are for lower income
16 households,as defined by Section 50079.5 of the Health and Safety
17 Code, except that up to 20 percent of the total units in the
18 development may be for moderate-income households, as defined
19 in Section 50053 of the Health and Safety Code, and 5 percent of
20 the units may be for staff of the independent institution of higher
21 education or religious institution that owns the land. Units in the
22 development shall be offered at affordable housing cost,as defined
23 in Section 50052.5 of the Health and Safety Code,or at affordable
24 rent,as set in an amount consistent with the rent limits established
25 by the California Tax Credit Allocation Committee. The rent or
26 sales price for a moderate-income unit shall be affordable and shall
27 not exceed 30 percent of income for a moderate-income household
28 or homebuyer for a unit of similar size and bedroom count in the
29 same ZIP Code in the city,county, or city and county in which the
30 housing development is located. The applicant shall provide the
31 city, county, or city and county with evidence to establish that the
32 units meet the requirements of this paragraph.All units,exclusive
33 of any manager unit or units, shall be subject to a recorded deed
34 restriction as provided in this paragraph for at least the following
35 periods of time:
36 (A) Fifty-five years for units that are rented.However,the local
37 government may require that the rental units in the housing
38 development project be restricted to lower income and
39 moderate-income households for a longer period of time if that
40 restriction is consistent with all applicable regulatory requirements
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1 for state assistance. rented unless a local ordinance or the terms
2 of a federal, state, or local grant, tax credit, or other project
3 financing requires, as a condition of the development of residential
4 units, that the development include a certain percentage of units
5 that are affordable to, and occupied by, low-income, lower income,
6 very low income, or extremely low income households for a term
7 that exceeds 55 years for rental housing units.
8 (B) Forty-five years for units that arc owner occupied.Ilowever,
9 thc local government may require that owner-occupied units in ,
10 thc housing development project be restricted to lower incomc and
11 moderate-income households for a longer period of time if that
12 restriction is consistent with all applicable regulatory requirements
13 for state assistance. owner-occupied or the first purchaser of each
14 unit participates in an equity sharing agreement as described in
15 subparagraph (C) of paragraph (2) of subdivision (c) of section
16 65915.
17 {8)
18 (7) The development project complies with all objective
19 development standards of the city or county that are not in conflict
20 with this section.
21 {9-)
22 (8) If the housing development project requires the demolition
23 of existing residential dwelling units,or is located on a site where
24 residential dwelling units have been demolished within the last
25 five years, the applicant shall comply with subdivision (d) of
26 Section 66300, as that section read as of January 1, 2024. 66300.
27 (-1-0)
28 (9) The applicant certifies to the local government that either
29 of the following is true for the housing development project, as
30 applicable:
31 (A) The entirety of the development project is a public work
32 for purposes of Chapter 1 (commencing with Section 1720)of Part
33 7 of Division 2 of the Labor Code.
34 (B) A development that contains more than 10 units and is not
35 in its entirety a public work for purposes of Chapter 1 (commencing
36 with Section 1720) of Part 7 of Division 2 of the Labor Code and
37 approved by a local government pursuant to Article 2(commencing
38 with Section 65912.110)of,or Article 3(commencing with Section
39 65912.120)of,Chapter 4.1 shall be subject to all of the following:
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1 (i) All construction workers employed in the execution of the
2 development shall be paid at least the general prevailing rate of
3 per diem wages for the type of work and geographic area, as
4 determined by the Director of Industrial Relations pursuant to
5 Sections 1773 and 1773.9 of the Labor Code, except that
6 apprentices registered in programs provided by the Chief of the
7 Division of Apprenticeship Standards may be paid at least the
8 applicable apprentice prevailing rate.
9 (ii) The development proponent shall ensure that the prevailing
10 wage requirement is included in all contracts for the performance
11 of the work for those portions of the development that are not a
12 public work.
13 (iii) All contractors and subcontractors for those portions of the
14 development that are not a public work shall comply with both of
15 the following:
16 (I) Pay to all construction workers employed in the execution
17 of the work at least the general prevailing rate of per diem wages,
18 except that apprentices registered in the programs approved by the
19 Chief of the Division of Apprenticeship Standards may be paid at
20 least the applicable apprentice prevailing rate.
21 (II) Maintain and verify payroll records pursuant to Section
22 1776 of the Labor Code and make those records available for
23 inspection and copying as provided in that section.This subclause
24 does not apply if all contractors and subcontractors performing
25 work on the development are subject to a project labor agreement
26 that requires the payment of prevailing wages to all construction
27 workers employed in the execution of the development and
28 provides for enforcement of that obligation through an arbitration
29 procedure. For purposes of this subclause, "project labor
30 agreement"has the same meaning as set forth in paragraph (1) of
31_ subdivision(b) of Section 2500 of the Public Contract Code.
32 (10) (A) The development proponent completes a phase I
33 environmental assessment, as defined in Section 25319.1 of the
34 Health and Safety Code.°
35 (B) If a recognized environmental condition is found, the
36 development proponent shall undertake a preliminary
37 endangerment assessment, as defined in Section 25319.5 of the
38 Health and Safety Code, prepared by an environmental assessor
39 to determine the existence of any release of a hazardous substance
40 on the site and to determine the potential for exposure of future
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1 occupants to significant health hazards from any nearby property
2 or activity.
3 (i) If a release of hazardous substance is found to exist on the
4 site, the release shall be removed, or any significant effect of the
5 release shall be mitigated to a level of insignificance in compliance
6 with state and federal requirements.
7 (ii) If a potential for exposure to significant hazards from
8 surrounding properties or activities is found to exist, the effects
9 of the potential exposure shall be mitigated to a level of
10 insignificance in compliance with current state and federal
11 requirements.
12 (- j
13 (d) (1) The obligation of the contractors and subcontractors to
14 pay prevailing wages pursuant to this section may be enforced by
15 any of the following:
16 (A) The Labor Commissioner, through the issuance of a civil
17 wage and penalty assessment pursuant to Section 1741 of the Labor
18 Code,that may be reviewed pursuant to Section 1742 of the Labor
19 Code, within 18 months after the completion of the development.
20 (B) An underpaid worker through an administrative complaint
21 or civil action.
22 (C) A joint labor-management committee through a civil action
23 pursuant to Section 1771.2 of the Labor Code.
24 (2) If a civil wage and penalty assessment is issued pursuant to
25 this section,the contractor, subcontractor, and surety on a bond or
26 bonds issued to secure the payment of wages covered by the
27 assessment shall be liable for liquidated damages pursuant to
28 Section 1742.1 of the Labor Code.
29 (3) This subdivision does not apply if all contractors and
30 subcontractors performing work on the development are subject
31 to a project labor agreement that requires the payment of prevailing
32 wages to all construction workers employed in the execution of
33 the development and provides for enforcement of that obligation
34 through an arbitration procedure.For purposes of this subdivision,
35 "project labor agreement" has the same meaning as set forth in
36 paragraph (1) of subdivision (b) of Section 2500 of the Public
37 Contract Code.
38 {d)
39 (e) Notwithstanding subdivision (c) of Section 1773.1 of the.
40 Labor Code, the requirement that employer payments not reduce
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1 the obligation to pay the hourly straight time or overtime wages
2 found to be prevailing does not apply to those portions of a
3 development that are not a public work if otherwise provided in a
4 bona fide collective bargaining agreement covering the worker.
5 (e-)
6 (f) The requirement of this section to pay at least the general
7 prevailing rate of per diem wages does not preclude use of an
8 alternative workweek schedule adopted pursuant to Section 511
9 or 514 of the Labor Code.
10 {#�
11 (g) In addition to the requirements of Section 65912.130, a
12 development of 50 or more housing units approved by a local
13 government pursuant to Article 2 (commencing with Section
14 65912.110)of,or Article 3 (commencing with Section 65912.120)
15 of, Chapter 4.1 shall meet all of the following labor standards:
16 (1) The development proponent shall require in contracts with
17 construction contractors and shall certify to the local government
18 that each contractor of any tier who will employ construction craft
19 employees or will let subcontracts for at least 1,000 hours shall
20 satisfy the requirements in paragraphs (2) and(3).A construction
21 contractor is deemed in compliance with paragraphs (2)and(3)if
22 it is signatory to a valid collective bargaining agreement that
23 requires use of registered apprentices and expenditures on health
24 care for employees and dependents.
25 (2) A contractor with construction craft employees shall either
26 participate in an apprenticeship program approved by the Division
27 of Apprenticeship Standards pursuant to Section 3075 of the Labor
28 Code,or request the dispatch of apprentices from a state-approved
29 apprenticeship program under the terms and conditions set forth
30 in Section 1777.5 of the Labor Code. A contractor without
31 construction craft employees shall show a contractual obligation
32 that its subcontractors comply with this subdivision.
33 (3) Each contractor with construction craft employees shall
34 make health care expenditures for each employee in an amount
35 per hour worked on the development equivalent to at least the
36 hourly pro rata cost of a Covered California Platinum-level plan
37 for two adults 40 years of age and two dependents 0 to 14 years
38 of age for the Covered California rating area in which the
39 development is located. A contractor without construction craft
40 employees shall show a contractual obligation that its
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1 subcontractors comply with this paragraph.Qualifying expenditures
2 shall be credited toward compliance with prevailing wage payment
3 requirements set forth in Section 65912.130.
4 (4) (A) The development proponent shall provide to the local
5 government, on a monthly basis while its construction contracts
6 on the development are being performed, a report demonstrating
7 compliance with paragraphs (2) and (3). The report shall be
8 considered public records under the California Public Records Act
9 (Division 10(commending with Section 7920.000)of Title 1),and
10 shall be open to public inspection.
11 (B) A development proponent that fails to provide the monthly
12 report shall be subject to a civil penalty for each month for which
13 the report has not been provided, in the amount of 10 percent of
14 the dollar value of construction work performed by that contractor
15 on the development in the month in question, up to a maximum
16 of ten thousand dollars($10,000).Any contractor or subcontractor
17 that fails to comply with paragraph(2) or(3) shall be subject to a
18 civil penalty of two hundred dollars($200)per day for each worker
19 employed in contravention of paragraph (2) or(3).
20 (C) Penalties may be assessed by the Labor Commissioner
21 within 18 months of completion of the development using the
22 procedures for issuance of civil wage and penalty assessments
23 specified in Section 1741 of the Labor Code,and may be reviewed
24 pursuant to Section 1742 of the Labor Code. Penalties shall be
25 deposited in the State Public Works Enforcement Fund established
26 pursuant to Section 1771.3 of the Labor Code.
27 (5) Each construction contractor shall maintain and verify
28 payroll records pursuant to Section 1776 of the Labor Code. Each
29 construction contractor shall submit payroll records directly to the
30 Labor Commissioner at least monthly in a format prescribed by
31 the Labor Commissioner in accordance with subparagraph(A) of
32 paragraph (3) of subdivision (a) of Section 1771.4 of the Labor
33 Code. The records shall include a statement of fringe benefits.
34 Upon request by a joint labor-management cooperation committee
35 established pursuant to the federal Labor Management Cooperation
36 Act of 1978 (29 U.S.C. Sec. 175a), the records shall be provided
37 pursuant to subdivision (e) of Section 1776 of the Labor Code.
38 (6) All construction contractors shall report any change in
39 apprenticeship program participation or health care expenditures
40 to the local government within 10 business days, and shall reflect
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1 those changes on the monthly report. The reports shall be
2 considered public records pursuant to the California Public Records
3 Act(Division 10(commencing with Section 7920.000 of Title 1))
4 and shall be open to public inspection.
5 (7) A joint labor-management cooperation committee established
6 pursuant to the federal Labor Management Cooperation Act of
7 1978 (29 U.S.C. Sec. 175a) shall have standing to sue a
8 construction contractor for failure to make health care expenditures
9 pursuant to paragraph (3) in accordance with Section 218.7 or
10 218.8 of the Labor Code.
11 {g)
12 (h) Notwithstanding any other provision of this section, a
13 development project that is eligible for approval as a use by right
14 pursuant to this section may include the following ancillary uses,
15 provided that those uses are limited to the ground floor of the
16 development:
17 (1) In a single-family residential zone, ancillary uses shall be
18 limited to uses that provide direct services to the residents of the
19 development and have a community benefit, including childcare
20 centers and community centers.
21 (2) In all other zones,the development may include commercial
22 uses that are permitted without a conditional use permit or planned
23 unit development permit.
24 (-l3)
25 (i) Notwithstanding any other provision of this section, a
26 development project that is eligible for approval as a use by right
27 pursuant to this section may include includes any religious
28 institutional use,or any use that was previously existing and legally
29 permitted by the city or county on the site, if all of the following
30 criteria are met:
31 (1) The total square footage of nonresidential space on the site
32 does not exceed the amount previously existing or permitted in a
33 conditional use permit.
34 (2) The total parking requirement for nonresidential space on
35 the site does not exceed the lesser of the amount existing or of the
36 amount required by a conditional use permit.
37 (3) The new uses abide by the same operational conditions as
38 contained in the pervious previous conditional use permit.
39
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1 (j) A housing development project that qualifies as a use by
2 right pursuant to subdivision (b) shall be allowed the following
• 3 density, as applicable:
4 (1) (A) If the development project is located in a zone that
5 allows residential uses, the development project shall be allowed
6 a density of the applicable density deemed appropriate to
7 accommodate housing for lower income households identified in
8 subparagraph (B) of paragraph (3) of subdivision (c) of Section
9 65583.2 and a height of one story above the maximum
10 height otherwise applicable to the parcel.
11 (B) If the local government allows for greater residential density
12 on that parcel,or greater residential density or building heights on
13 an adjacent parcel,than permitted in subparagraph(A),the greater
14 density or building height shall apply.
15 (C) A housing development project that is located in a zone that
16 allows residential uses shall be eligible for a density
17 incentives or concession bonus, incentives, or concessions, or
18 waivers or reductions of development standards and parking ratios,
19 pursuant to Section 65915.
20 (2) (A) If the development project is located in a zone that does
21 not allow residential uses,the development project shall be allowed
22 a density of 40 units per acre and a height of one story above the
23 maximum height otherwise applicable to the parcel.
24 (B) If the local government allows for greater residential density
25 or building heights on that parcel, or an adjacent parcel, than
26 permitted in subparagraph (A), the greater density or building
27 height shall apply. A development project shall not use an
28 incentive, waiver, or concession to increase the height of the
29 development to greater than the height authorized under this
30 subparagraph.
31 (C) Except as provided in subparagraph (B) (B), a housing
32 development project that is located in a zone that does not allow
33 residential uses shall be eligible for a density bonus or other
34 incentives or concession bonus, incentives, or concessions, or
35 waivers or reductions of development standards and parking ratios,
36 pursuant to Section 65915.
37 (
38 (k) (1) Except as provided in paragraph (2), the proposed
39 development shall provide off-street parking of up to one space
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1 per unit,unless a state law or local ordinance provides for a lower
2 standard of parking,in which case the law or ordinance shall apply.
3 (2) A local government shall not impose a parking requirement
4 if either of the following is true: •
5 (A) The parcel is located within one-half mile walking distance
6 of public transit, either a high-quality transit corridor or a major
7 transit stop as defined in subdivision (b) of Section 21155 of the
8 Public Resources Code.
9 (B) There is a car share vehicle located within one block of the
10 parcel.
11 (k)
12 (l) (1) If the local government determines that the proposed
13 development is in conflict with any of the objective planning
14 standards specified in this section,it shall provide the development
15 proponent written documentation of which standard or standards
16 the development conflicts with, and an explanation for the reason
17 or reasons the development conflicts with that standard or
18 standards, within the following timeframes:
19 (A) Within 60 days of submittal of the development proposal
20 to the local government if the development contains 150 or fewer
21 housing units.
22 (B) Within 90 days of submittal of the development proposal
23 to the local government if the development contains more than
24 150 housing units.
25 (2) If the local government fails to provide the required
26 documentation pursuant to paragraph (1), the development shall
27 be deemed to satisfy the required objective planning standards.
28 (3) For purposes of this section, a development is consistent
29 with the objective planning standards if there is substantial
30 evidence that would allow a reasonable person to conclude that
31 the development is consistent with the objective planning standards.
32 (4) The determination of whether a proposed project submitted
33 pursuant to this section is or is not in conflict with the objective
34 planning standards is not a"project" as defined in Section 21065
35 of the Public Resources Code.
36 (5) Design review of the development may be conducted by the
37 local government's planning commission or any equivalent board
38 or commission responsible for review and approval of development
39 projects,or the city council or board of supervisors,as appropriate.
40 That design review shall be objective and be strictly focused on
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1 assessing compliance with criteria required for streamlined,
2 ministerial review of projects, as well as any reasonable objective
3 design standards published and adopted by ordinance or resolution
4 by a local jurisdiction before submittal of the development to the
5 local government,and shall be broadly applicable to developments
6 within the jurisdiction. That design review shall be completed as
7 follows and shall not in any way inhibit, chill, or preclude the
8 ministerial approval provided by this section or its effect, as
9 applicable:
10 (A) Within 90 days of submittal of the development proposal
11 to the local government pursuant to this section if the development
12 contains 150 or fewer housing units.
13 (B) Within 180 days of submittal of the development proposal
14 to the local government pursuant to this section if the development
15 contains more than 150 housing units.
16 (6) The local government shall ensure that the project satisfies
17 the requirements specified in subdivision (d) of Section 66300,
18 regardless of whether the development is within or not within an
19 affected city or within or not within an affected county.
20 (7) If the development is consistent with all objective
21 subdivision standards in the local subdivision ordinance, an
22 application for a subdivision pursuant to the Subdivision Map Act
23 (Division 2 (commencing with Section 66410)) shall be exempt
24 from the requirements of the California Environmental Quality
25 Act(Division 13 (commencing with Section 21000) of the Public
26 Resources Code).
27 (8) A local government's approval of a development pursuant
28 to this section shall, notwithstanding any other law, be subject to
29 the expiration timeframes specified in subdivision (f) of Section
30 65913.4.
31 (9) Any proposed modifications to a development project
32. approved pursuant to this section shall be undertaken pursuant to
33 subdivision(g) of Section 65913.4.
34 (10) A local government shall not adopt or impose any
35 requirement, including, but not limited to, increased fees or
36 inclusionary housing requirements,that applies to a project solely
37 or partially on the basis that the project is eligible to receive
38 streamlined, ministerial review pursuant to this section.
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1 (11) A local government shall issue a subsequent permit required
2 for a development approved under this section pursuant to
3 paragraph (2) of subdivision (h) of Section 65913.4.
4 (12) A public improvement that is necessary to implement a
5 development that is approved pursuant to this section shall be
6 undertaken pursuant to paragraph(3)of subdivision(h)of Section
7 65913.4.
8 0)
9 (m) The Legislature finds and declares that ensuring residential
10 development at greater density on land owned by independent
11 institutions of higher education and religious institutions is a matter
12 of statewide concern and is not a municipal affair as that term is
13 used in Section 5 of Article XI of the California Constitution.
14 Therefore,this section applies to all cities,including charter cities.
15 (m)
16 (n) The provisions of paragraph (3) of subdivision (f) (g)
17 concerning health care expenditures are distinct and severable
18 from the remaining provisions of this section. However, all other
19 provisions of subdivision (f)(g) are material and integral parts of
20 this section and are not severable. If any provision of subdivision
21 (f),(g), exclusive of those included in paragraph(3),is held invalid,
22 the entire section shall be invalid and shall not be given effect.
23 SEC. 2. No reimbursement is required by this act pursuant to
24 Section 6 of Article XIIIB of the California Constitution because
25 a local agency or school district has the authority to levy service
26 charges, fees, or assessments sufficient to pay for the program or
27 level of service mandated by this act,within the meaning of Section
28 17556 of the Government Code.
0
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May 3, 2023
The Honorable Scott Wiener
1021 0 Street,Suite 8620
Sacramento,CA
95814-4900
•
RE: SB 4—Planning and Zoning: Housing Development: Higher Education Institutions and Religious
Institutions
Notice of Opposition
Dear Senator Wiener:
The City of Huntington Beach writes to express our opposition to SB 4 which would limit local control
over planning,zoning, and approving new housing.
SB 4 would require that a housing development project be a use by right upon the request of an
applicant who submits an application for streamline approval on any land owned by an independent
institution of higher education or religious institution.
We believe that local governments should have the authorization to enact policies that shape
development tailored to its community.SB 4 overrides these local preferences by directing local officials
to ministerially approve housing on properties that are zoned for other uses. By-right legislation limits
cities' discretionary review processes for local development projects, inherently restricting local
representatives' ability to directly respond to the needs and interests of their constituents.
For these reasons,the City of Huntington Beach respectfully opposes SB 4.
Sincerely,.
Tony Strickland
Mayor
City of Huntington Beach
Cc: Senator Janet Nguyen
Senator Dave Min
Assembly Member Diane Dixon
ACC-OC Board of Directors (via email)
Bismarck Obando, Director of Public Affairs(bismarck@calcities.org)
League of California Cities(cityletters@calcities.org)
208
AMENDED IN ASSEMBLY MARCH 28, 2023
CALIFORNIA LEGISLATURE-2023-24 REGULAR SESSION
ASSEMBLY BILL No. 1485
Introduced by Assembly Member Haney
(Principal coauthor: Senator Wiener)
February 17, 2023
An act to amend Section 65585 of the Government Code,relating to
housing.
LEGISLATIVE COUNSEL'S DIGEST
AB 1485, as amended, Haney. Housing element: enforcement:
Attorney General.
The Planning and Zoning Law requires each county and city to adopt
a comprehensive,long-term general plan for the physical development
of the county or city and requires that general plan to include, among
other mandatory elements, a housing element. Existing law authorizes
the dcpartmcnt Department of Housing and Community Development
to notify the office of the Attorney General, that a city, county, or city
and county is in violation of state law if the department finds that the
housing element or an amendment to the housing element does not
substantially comply with specified provisions of the Planning and
Zoning Law, or that the local government has taken action or failed to
act in violation of specified provisions of law relating to housing,
including, among others, the Housing Accountability Act, the Density
Bonus Law, and the Housing Crisis Act of 2019.
Existing law provides that an intervention takes place when a nonparty
becomes a party to an action or proceeding between other persons by,
among other things,joining a plaintiff in claiming what is sought by
the complaint. Existing law requires the court to permit a nonparty to
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AB 1485 —2—
intervene in the action or proceeding if a provision of law confers an
unconditional right to intervene.
This bill would permit the Office of the Attorney General to intervene
as a matter of unconditional right in any legal action addressing a
violation of the housing laws for which the department may notify the
office of the Attorney Cenral that a city, county, or city and county
has violated, as described above.
This bill would permit both the department and the office of the
Attorney General to intervene as a matter of unconditional right in any
legal action addressing a violation of the specified housing laws
described above, including, among others, the Housing Accountability
Act, the Density Bonus Law, and the Housing Crisis Act of 2019.
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. Section 65585 of the Government Code is
2 amended to read:
3 65585. (a) In the preparation of its housing element,each city
4 and county shall consider the guidelines adopted by the department
5 pursuant to Section 50459 of the Health and Safety Code. Those
6 guidelines shall be advisory to each city or county in the
7 preparation of its housing element.
8 (b) (1) At least 90 days prior to adoption of a revision of its
9 housing element pursuant to subdivision (e) of Section 65588, or
10 at least 60 days prior to the adoption of a subsequent amendment
11 to this element, the planning agency shall submit a draft element
12 revision or draft amendment to the department. The local
13 government of the planning agency shall make the first draft
14 revision of a housing element available for public comment for at
15 least 30 days and, if any comments are received, the local
16 government shall take at least 10 business days after the 30-day
17 public comment period to consider and incorporate public
18 comments into the draft revision prior to submitting it to the
19 department. For any subsequent draft revision, the local
20 government shall post the draft revision on its internet website and
21 shall email a link to the draft revision to all individuals and
22 organizations that have previously requested notices relating to
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1 the local government's housing element at least seven days before
2 submitting the draft revision to the department.
3 (2) The planning agency staff shall collect and compile the
4 public comments regarding the housing element received by the
5 city, county, or city and county, and provide these comments to
6 each member of the legislative body before it adopts the housing
7 element.
8 (3) The department shall review the draft and report its written
9 findings to the planning agency within 90 days of its receipt of the
10 first draft submittal for each housing element revision pursuant to
11 subdivision (e) of Section 65588 or within 60 days of its receipt
12 of a subsequent draft amendment or an adopted revision or adopted
13 amendment to an element. The department shall not review the
14 first draft submitted for each housing element revision pursuant
15 to subdivision(e)of Section 65588 until the local government has
16 made the draft available for public comment for at least 30 days
17 and, if comments were received, has taken at least 10 business
18 days to consider and incorporate public comments pursuant to
19 paragraph(1).
20 (c) In the preparation of its findings,the department may consult
21 with any public agency, group, or person. The department shall
22 receive and consider any written comments from any public
23 agency, group, or person regarding the draft or adopted element
24 or amendment under review.
25 (d) In its written findings, the department shall determine
26 whether the draft element or draft amendment substantially
27 complies with this article.
28 (e) Prior to the adoption of its draft element or draft amendment,
29 the legislative body shall consider the findings made by the
30 department. If the department's findings are not available within
31 the time limits set by this section, the legislative body may act
32 without them.
33 (f) If the department finds that the draft element or draft
34 amendment does not substantially comply with this article, the
35 legislative body shall take one of the following actions:
36 (1) Change the draft element or draft amendment to substantially
37 comply with this article.
38 (2) Adopt the draft element or draft amendment without changes.
39 The legislative body shall include in its resolution of adoption
40 written findings--h that explain the reasons the legislative body
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1 believes that the draft element or draft amendment substantially
2 complies with this article article, despite the findings of the
3 department.
4 (g) Promptly following the adoption of its element or
5 amendment, the planning agency shall submit a copy to the
6 department.
7 (h) The department shall, within 90 days, review adopted
8 housing elements or amendments and report its findings to the
9 planning agency.
10 (i) (1) (A) The department shall review any action or failure
11 to act by the city, county, or city and county that it determines is
12 inconsistent with an adopted housing element or Section 65583,
13 including any failure to implement any program actions included
14 in the housing element pursuant to Section 65583.The department
15 shall issue written findings to the city, county, or city and county
16 as to whether the action or failure to act substantially complies
17 with this article, and provide a reasonable time no longer than 30
18 days for the city, county, or city and county to respond to the
19 findings before taking any other action authorized by this section,
20 including the action authorized by subparagraph (B).
21 (B) If the department finds that the action or failure to act by
22 the city, county, or city and county does not substantially comply
23 with this article,and if it has issued findings pursuant to this section
24 that an amendment to the housing element substantially complies
25 with this article, the department may revoke its findings until it
26 determines that the city, county, or city and county has come into
27 compliance with this article.
28 (2) The department may consult with any local government,
29 public agency, group, or person, and shall receive and consider
30 any written comments from any public agency, group, or person,
31 regarding the action or failure to act by the city, county, or city
32 and county described in paragraph(1),in determining whether the
33 housing element substantially complies with this article.
34 (j) The department shall notify the city, county, or city and
35 county and may notify the office of the Attorney General that the
36 city, county, or city and county is in violation of state law if the
37 department finds that the housing element or an amendment to this
38 element, or any action or failure to act described in subdivision
39 (i),does not substantially comply with this article or that any local
40 government has taken an action in violation of the following:
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1 (1) Housing Accountability Act(Section 65589.5).
2 (2) Section 65863.
. 3 (3) Chapter 4.3 (commencing with Section 65915).
4 (4) Section 65008.
5 (5) Housing Crisis Act of 2019 (Chapter 654, Statutes of 2019,
6 Sections 65941.1, 65943, and 66300).
7 (6) Section 8899.50.
8 (7) Section 65913.4. •
9 (8) Article 11 (commencing with Section 65650).
10 (9) Article 12 (commencing with Section 65660).
11 (10) Section 65913.11.
12 (11) Section 65400.
13 (12) Section 65863.2.
14 (13) Chapter 4.1 (commencing with Section 65912.100).
15 (k) Commencing July 1, 2019, prior to the Attorney General
16 bringing any suit for a violation of the provisions identified in
17 subdivision(j)related to housing element compliance and seeking
18 remedies available pursuant to this subdivision, the department
19 shall offer the jurisdiction the opportunity for two meetings in
20 person or via telephone to discuss the violation, and shall provide
21 the jurisdiction written findings regarding the violation. This
22 paragraph does not affect any action filed prior to the effective
23 date of this section.The requirements set forth in this subdivision
24 do not apply to any suits brought for a violation or violations of
25 paragraphs (1) and (3) to (9), inclusive, of subdivision (j).
26 (l) In any action or special proceeding brought by the Attorney.
27 General relating to housing element compliance pursuant to a
28 notice or referral under subdivision(j),the Attorney General may
29 request,upon a finding of the court that the housing element does
30 not substantially comply with the requirements of this article
31 pursuant to this section, that the court issue an order or judgment
32 directing the jurisdiction to bring its housing element into
33 substantial compliance with the requirements of this article. The
34 court shall retain jurisdiction to ensure that its order or judgment
35 is carried out. If a court determines that the housing element of
36 the jurisdiction substantially complies with this article, it shall
37 have the same force and effect, for purposes of eligibility for any
38 financial assistance that requires a housing element in substantial
39 compliance and for purposes of any incentives provided under
•
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1 Section 65589.9, as a determination by the department that the
2 housing element substantially complies with this article.
3 (1) If the jurisdiction has not complied with the order or
4 judgment after 12 months, the court shall conduct a status
5 conference.Following the status conference,upon a determination
6 that the jurisdiction failed to comply with the order or judgment
7 compelling substantial compliance with the requirements of this
8 article,the court shall impose fines on the jurisdiction,which shall
9 be deposited into the Building Homes and Jobs Trust Fund. Any
10 fine levied pursuant to this paragraph shall be in a minimum
11 amount of ten thousand dollars($10,000)per month,but shall not
12 exceed one hundred thousand dollars($100,000)per month,except
13 as provided in paragraphs (2) and (3). In the event that the
14 jurisdiction fails to pay fines imposed by the court in full and on
15 time,the court may require the Controller to intercept any available
16 state and local funds and direct such funds to the Building Homes
17 and Jobs Trust Fund to correct the jurisdiction's failure to pay.
18 The intercept of the funds by the Controller for this purpose shall
19 not violate any provision of the California Constitution.
20 (2) If the jurisdiction has not complied with the order or
21 judgment after three months following the imposition of fees
22 described in paragraph (1), the court shall conduct a status
23 conference.Following the status conference,if the court finds that
24 the fees imposed pursuant to paragraph(1)are insufficient to bring
25 the jurisdiction into compliance with the order or judgment, the
26 court may multiply the fine determined pursuant to paragraph (1)
27 by a factor of three. In the event that the jurisdiction fails to pay
28 fines imposed by the court in full and on time, the court may
29 require the Controller to intercept any available state and local
30 funds and direct such funds to the Building Homes and Jobs Trust
31 Fund to correct the jurisdiction's failure to pay. The intercept of
32 the funds by the Controller for this purpose shall not violate any
33 provision of the California Constitution.
34 (3) If the jurisdiction has not complied with the order or
35 judgment six months following the imposition of fees described
36 in paragraph(1),the court shall conduct a status conference.Upon
37 a determination that the jurisdiction failed to comply with the order
38 or judgment, the court may impose the following:
39 (A) If the court finds that the fees imposed pursuant to
40 paragraphs(1)and(2)are insufficient to bring the jurisdiction into
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1 compliance with the order or judgment, the court may multiply
2 the fine determined pursuant to paragraph (1) by a factor of six.
3 In the event that the jurisdiction fails to pay fines imposed by the
4 court in full and on time, the court may require the Controller to
5 intercept any available state and local funds and direct such funds
6 to the Building Homes and Jobs Trust Fund to correct the
7 jurisdiction's failure to pay. The intercept of the funds by the
8 Controller for this purpose shall not violate any provision of the
9 California Constitution.
10 (B) The court may order remedies available pursuant to Section
11 564 of the Code of Civil Procedure, under which the agent of the
12 court may take all governmental actions necessary to bring the
13 jurisdiction's housing element into substantial compliance pursuant
14 to this article in order to remedy identified deficiencies.The court
15 shall determine whether the housing element of the jurisdiction
16 substantially complies with this article and, once the court makes
. 17 that determination, it shall have the same force and effect, for all
18 purposes, as the department's determination that the housing
19 element substantially complies with this article.An agent appointed
20 pursuant to this paragraph shall have expertise in planning in
21 California.
22 (4) This subdivision does not limit a court's discretion to apply
23 any and all remedies in an action or special proceeding for a
24 violation of any law identified in subdivision (j).
25 (m) In determining the application of the remedies available
26 under subdivision (l), the court shall consider whether there are
27 any mitigating circumstances delaying the jurisdiction from coming
28 into compliance with state housing law. The court may consider
29 whether a city, county, or city and county is making a good faith
30 effort to come into substantial compliance or is facing substantial
31 undue hardships.
32 (n) Nothing in this section shall limit the authority of the office
33 of the Attorney General to bring a suit to enforce state law in an
34 independent capacity.The office of the Attorney General may seek
35 all remedies available under law including those set forth in this
36 section, and shall be permitted to intervene as a matter of
37 unconditional right, under subparagraph (A) of paragraph (1) of
38 subdivision (d) of Section 387 of the Code of Civil Procedure, in
39 any legal action addressing a violation of any law set forth in
40 subdivision(j). section.
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1 (o) Notwithstanding Sections 11040 and 11042,if the Attorney
2 General declines to represent the.department in any action or
3 special proceeding brought pursuant to a notice or referral under
4 subdivision (j) (j), the department may appoint or contract with
5 other counsel for purposes of representing the department in the
6 action or special proceeding.
7 (p) Notwithstanding any other provision of law, the statute of
8 limitations set forth in subdivision (a) of Section 338 of the Code
9 of Civil Procedure shall apply to any action or special proceeding
10 brought by the Office office of the Attorney General or pursuant
11 to a notice or referral under subdivision (j), or by the department
12 pursuant to subdivision (o).
13 (q) In any suit brought to enforce either this article or any state
14 law listed under subdivision (j), the department and the office of
15 the Attorney General shall each have the unconditional right to
16 intervene under subparagraph(A)of paragraph(1)of subdivision
17 (d) of Section 387 of the Code of Civil Procedure. The office of
18 the Attorney General shall have this unconditional right whether
19 intervening in an independent capacity or pursuant to a notice or
20 referral from the department.
0
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May 3, 2023
The Honorable D Haney
California State Assembly
1021 0 Street,Suite 5310
P.O. Box 942849
Sacramento, CA 94249-0017
RE:OPPOSE AB 1485(Haney)—Housing element: enforcement:Attorney General
Dear Senator Haney,
This bill would permit the Attorney General and the Department of Housing and Community Development
to intervene as a matter of unconditional right in any legal action addressing housing laws.The right to
intervene as a matter of unconditional right should certainly not be extended.
For those reasons,the City of Huntington Beach opposes AB 1485. Should you have any questions about
our position on this bill or about ACC-OC, please contact Ursula Luna-Reynosa, Community Development
Director,at 714-536-5276 or Ursula.Luna-Reynosa@surfcity-hb.org.
Sincerely,
Tony Strickland
Mayor
CC: Senator Janet Nguyen
Senator Dave Min
Assembly Member Chris Holden, Chair of the Appropriations Committee
Assembly Member Diane Dixon
Assembly Member Tri Ta
ACC-OC Board of Directors(via email)
Bismarck Obando, Director of Public Affairs(bismarck@calcities.org)
League of California Cities (cityletters@calcities.org)
217
AMENDED IN ASSEMBLY APRIL 12, 2023
AMENDED IN ASSEMBLY MARCH 16, 2023
CALIFORNIA LEGISLATURE-2023-24.REGULAR SESSION
ASSEMBLY BILL No. 68
Introduced by Assembly Member Ward
December 8, 2022
An act to amend Section 65585 of, to add Sections 65040.18,
65914.7.5,and 66425.5 to,and to add Chapter 4.3.1 (commencing with
Section 65918.5) to Division 1 of Title 7 of, the Government Code,
relating to land use.
LEGISLATIVE COUNSEL'S DIGEST
AB 68,as amended,Ward.Land use: streamlined housing approvals:
density, subdivision, and utility approvals.
Existing law,the Planning and Zoning Law,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.
This bill would require a local government to approve a proposed
housing development pursuant to a streamlined, ministerial approval
process if the development meets certain objective planning standards,
including,but not limited to,a requirement that the proposed parcel for
the development be a climate-smart parcel,as described,or be included
in the applicable region's sustainable communities strategy as a priority
development area. The bill would set forth procedures for approving
these developments and would set forth various limitations for these
developments. The bill would authorize the Department of Housing
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AB 68 —l—
and Community Development to review, adopt, amend, and repeal
guidelines, rules, and regulations to implement uniform standards or
criteria that supplement or clarify the terms, references, or standards
set forth by this process.
Existing law requires the department to notify a city, county, or city
and county, and authorizes the department to notify the office of the
Attorney General,that the city,county,or city and county is in violation
of state law if the department finds that the housing element or an
amendment to the housing element does not substantially comply with
specified provisions of the Planning and Zoning Law, or that the local
government has taken action in violation of specified provisions of law
relating to housing,including,among others,the Housing Accountability
Act, the Density Bonus Law, and the Housing Crisis Act of 2019.
This bill would add the streamlining procedures added by the bill to
the list of laws subject to this notification requirement.
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.Existing law also sets
forth various procedures related to land use actions and utility service
in local jurisdictions, including, but not limited to, a requirement that
a tentative a final map be made for certain housing projects, including
all subdivisions creating 5 or more parcels.
This bill would prohibit a county,or city if certain conditions are met,
from increasing the planned density on climate resilient lands, as
defined, from approving any tentative, final, or parcel maps for the
subdivision of property within climate risk lands or climate refugia
lands, as defined, and from approving an extension of water or sewer
services on climate resilient lands unless specified planning requirements
or conditions are met. The bill would require, as part of those
requirements or conditions, the county or city to make certain findings
that are confirmed by the Office of Planning and Research. The bill
would set forth procedures for requesting those findings from the office.
The bill would make conforming changes.
By imposing additional duties on local officials,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.
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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 65040.18 is added to the Government
2 Code, to read:
3 65040.18. (a) A county may submit an application to the office,
4 in the form and manner prescribed by the office,for the following
5 purposes:
6 (1) Receiving findings from the office for purposes of
7 subparagraphs (A) and (B) of paragraph (3) of subdivision (c) of
8 Section 65918.5.03.
9 (2) Receiving findings from the office for purposes of
10 subparagraph (D) of paragraph (3) of subdivision (c) of Section
11 65918.5.03.
12 (b) The office shall, in consultation with the Department of
13 . Housing and Community Development and the Natural Resources
14 Agency, review applications submitted by a county pursuant to
15 subdivision (a).
16 (c) (1) For applications submitted pursuant to paragraph(2)of
17 subdivision(a),the office shall issue findings in favor of the county
18 for purposes of subparagraph (D) of paragraph (3) of subdivision
19 (c) of Section 65918.5.03 if all of the following apply:
20 (A) There is a lack of sufficient acreage in existing communities
21 for the proposed residential development that is necessary to meet
22 the county's regional housing need.
23 (B) Acres that may be designated in existing communities for
24 the proposed residential development for purposes of meeting the
25 county's regional housing need are unlikely to be developed in the
26 required timeframe to meet the county's regional housing need.
27 (C) The county cannot redesignate sufficient acreage on lands
28 outside of climate resilient lands to meet the county's regional
29 housing need because the redesignation of land is infeasible or
30 because there is insufficient acreage available for redesignation..
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AB 68 —4-
1 (2) For purposes of this subdivision, "proposed residential
2 development" means the development related to the county's
3 increase in planned density, subdivision of property, or extension
4 of water or sewer service pursuant to Chapter 4.3.1 (commencing
5 with Section 65918.5).
6 (d) The office may review,adopt,amend,and repeal guidelines
7 to implement uniform standards or criteria that supplement or
8 clarify the terms,references, or standards set forth in this section.
9 (e) For purposes of this section,the definitions in Chapter 4.3.1
10 (commencing with Section 65918.5) apply.
11 (f) References to "county" in this section shall also refer to a
12 city when related to lands subject to Section 65918.5.04.
13 SEC. 2. Section 65585 of the Government Code is amended
14 to read:
15 65585. (a) In the preparation of its housing element,each city
16 and county shall consider the guidelines adopted by the department
17 pursuant to Section 50459 of the Health and Safety Code. Those
18 guidelines shall be advisory to each city or county in the
19 preparation of its housing element.
20 (b) (1) At least 90 days prior to adoption of a revision of its
21 housing element pursuant to subdivision (e) of Section 65588, or
22 at least 60 days prior to the adoption of a subsequent amendment
23 to this element, the planning agency shall submit a draft element
24 revision or draft amendment to the department. The local
25 government of the planning agency shall make the first draft
26 revision of a housing element available for public comment for at
27 least 30 days and, if any comments are received, the local
28 government shall take at least 10 business days after the 30-day
29 public comment period to consider and incorporate public
30 comments into the draft revision prior to submitting it to the
31 department. For any subsequent draft revision, the local
32 government shall post the draft revision on its internet website and
33 shall email a link to the draft revision to all individuals and
34 organizations that have previously requested notices relating to
35 the local government's housing element at least seven days before
36 submitting the draft revision to the department.
37 (2) The planning agency staff shall collect and compile the
38 public comments regarding the housing element received by the
39 city, county, or city and county, and provide these comments to
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1 each member of the legislative body before it adopts the housing
2 element.
3 (3) The department shall review the draft and report its written
4 findings to the planning agency within 90 days of its receipt of the
5 first draft submittal for each housing element revision pursuant to
6 subdivision (e) of Section 65588 or within 60 days of its receipt
7 of a subsequent draft amendment or an adopted revision or adopted
8 amendment to an element. The department shall not review the
9 first draft submitted for each housing element revision pursuant
10 to subdivision(e)of Section 65588 until the local government has
11 made the draft available for public comment for at least 30 days
12 and, if comments were received, has taken at least 10 business
13 days to consider and incorporate public comments pursuant to
14 paragraph (1).
15 (c) In the preparation of its findings,the department may consult
16 with any public agency, group, or person. The department shall
17 receive and consider any written comments from any public
18 agency, group, or person regarding the draft or adopted element
19 or amendment under review.
20 (d) In its written findings, the department shall determine
21 whether the draft element or draft amendment substantially
22 complies with this article.
23 (e) Prior to the adoption of its draft element or draft amendment,
24 the legislative body shall consider the findings made by the
25 department. If the department's findings are not available within
26 the time limits set by this section, the legislative body may act
27 without them.
28 (f) If the department finds that the draft element or draft
29 amendment does not substantially comply with this article, the
30 legislative body shall take one of the following actions:
31 (1) Change the draft element or draft amendment to substantially
32 comply with this article.
33 (2) Adopt the draft element or draft amendment without changes.
34 The legislative body shall include in its resolution of adoption
35 written findings which explain the reasons the legislative body
36 believes that the draft element or draft amendment substantially
37 complies with this article despite the findings of the department.
38 (g) Promptly following the adoption of its element or
39 amendment, the planning agency shall submit a copy to the
40 department.
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AB 68 —6-
1 (h) The department shall, within 90 days, review adopted
2 housing elements or amendments and report its findings to the
3 planning agency. •
4 (i) (1) (A) The department shall review any action or failure
5 to act by the city, county, or city and county that it determines is
6 inconsistent with an adopted housing element or Section 65583,
7 including any failure to implement any program actions included
8 in the housing element pursuant to Section 65583.The department
9 shall issue written findings to the city, county, or city and county
10 as to whether the action or failure to act substantially complies
11 with this article, and provide a reasonable time no longer than 30
12 days for the city, county, or city and county to respond to the
13 findings before taking any other action authorized by this section,
14 including the action authorized by subparagraph (B).
15 (B) If the department finds that the action or failure to act by
16 the city, county, or city and county does not substantially comply
17 with this article,and if it has issued findings pursuant to this section
18 that an amendment to the housing element substantially complies
19 with this article, the department may revoke its findings until it
20 determines that the city, county, or city and county has come into
21 compliance with this article.
22 (2) The department may consult with any local government,
23 public agency, group, or person, and shall receive and consider
24 any written comments from any public agency, group, or person,
25 regarding the action or failure to act by the city, county, or city
26 and county described in paragraph(1),in determining whether the
27 housing element substantially complies with this article.
28 (j) The department shall notify the city, county, or city and
29 county and may notify the office of the Attorney General that the
30 city, county, or city and county is in violation of state law if the
31 department finds that the housing element or an amendment to this
32 element, or any action or failure to act described in subdivision
33 (i),does not substantially comply with this article or that any local
34 government has taken an action in violation of the following:
35 (1) Housing Accountability Act(Section 65589.5).
36 (2) Section 65863.
37 (3) Chapter 4.3 (commencing with Section 65915).
38 (4) Section 65008.
39 (5) Housing Crisis Act of 2019 (Chapter 654, Statutes of 2019,
40 Sections 65941.1, 65943, and 66300).
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1 (6) Section 8899.50.
2 (7) Section 65913.4.
3 (8) Article 11 (commencing with Section 65650).
4 (9) Article 12 (commencing with Section 65660).
5 (10) Section 65913.11.
6 (11) Section 65400.
7 (12) Section 65863.2.
8 (13) Chapter 4.1 (commencing with Section 65912.100).
9 (14) Section 65914.7.5.
10 (k) Commencing July 1, 2019, prior to the Attorney General
11 bringing any suit for a violation of the provisions identified in
12 subdivision(j)related to housing element compliance and seeking
13 remedies available pursuant to this subdivision, the department
14 shall offer the jurisdiction the opportunity for two meetings in
15 person or via telephone to discuss the violation, and shall provide
16 the jurisdiction written findings regarding the violation. This
17 paragraph does not affect any action filed prior to the effective
18 date of this section.The requirements set forth in this subdivision
19 do not apply to any suits brought for a violation or violations of
20 paragraphs (1) and (3) to (9), inclusive, of subdivision (j).
21 (l) In any action or special proceeding brought by the Attorney
22 General relating to housing element compliance pursuant to a
23 notice or referral under subdivision (j), the Attorney General may
24 request,upon a finding of the court that the housing element does
25 not substantially comply with the requirements of this article
26 pursuant to this section, that the court issue an order or judgment
27 directing the jurisdiction to bring its housing element into
28 substantial compliance with the requirements of this article. The
29 court shall retain jurisdiction,to ensure that its order or judgment
30 is carried out. If a court determines that the housing element of
31 the jurisdiction substantially complies with this article, it shall
32 have the same force and effect, for purposes of eligibility for any
33 financial assistance that requires a housing element in substantial
34 compliance and for purposes of any incentives provided under
35 Section 65589.9, as a determination by the department that the
36 housing element substantially complies with this article.
37 (1) If the jurisdiction has not complied with the order or
38 judgment after 12 months, the court shall conduct a status
39 conference.Following the status conference,upon a determination
40 that the jurisdiction failed to comply with the order or judgment
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AB 68 —8-
1 compelling substantial compliance with the requirements of this
2 article,the court shall impose fines on the jurisdiction,which shall
3 be deposited into the Building Homes and Jobs Trust Fund. Any
4 fine levied pursuant to this paragraph shall be in a minimum
5 amount of ten thousand dollars ($10,000)per month,but shall not
6 exceed one hundred thousand dollars($100,000)per month,except
7 as provided in paragraphs (2) and (3). In the event that the
8 jurisdiction fails to pay fines imposed by the court in full and on
9 time,the court may require the Controller to intercept any available
10 state and local funds and direct such funds to the Building Homes
11 and Jobs Trust Fund to correct the jurisdiction's failure to pay. •
12 The intercept of the funds by the Controller for this purpose shall
13 not violate any provision of the California Constitution.
14 (2) If the jurisdiction has not complied with the order or
15 judgment after three months following the imposition of fees
16 described in paragraph (1), the court shall conduct a status
17 conference.Following the status conference,if the court finds that
18 the fees imposed pursuant to paragraph(1)are insufficient to bring
19 the jurisdiction into compliance with the order or judgment, the
20 court may multiply the fine determined pursuant to paragraph(1)
21 by a factor of three. In the event that the jurisdiction fails to pay
22 fines imposed by the court in full and on time, the court may
23 require the Controller to intercept any available state and local
24 funds and direct such funds to the Building Homes and Jobs Trust
25 Fund to correct the jurisdiction's failure to pay. The intercept of
26 the funds by the Controller for this purpose shall not violate any
27 provision of the California Constitution.
28 (3) If the jurisdiction has not complied with the order or
29 judgment six months following the imposition of fees described
30 in paragraph(1),the court shall conduct a status conference.Upon
31 a determination that the jurisdiction failed to comply with the order
32 or judgment, the court may impose the following:
33 (A) If the court finds that the fees imposed pursuant to
34 paragraphs(1)and(2)are insufficient to bring the jurisdiction into
35 compliance with the order or judgment, the court may multiply
36 the fine determined pursuant to paragraph (1) by a factor of six.
37 In the event that the jurisdiction fails to pay fines imposed by the
38 court in full and on time, the court may require the Controller to
39 intercept any available state and local funds and direct such funds
40 to the Building Homes and Jobs Trust Fund to correct the
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1 jurisdiction's failure to pay. The intercept of the funds by the
2 Controller for this purpose shall not violate any provision of the
3 California Constitution.
4 (B) The court may order remedies available pursuant to Section
5 564 of the Code of Civil Procedure, under which the agent of the
6 court may take all governmental actions necessary to bring the
7 jurisdiction's housing element into substantial compliance pursuant
8 to this article in order to remedy identified deficiencies.The court
9 shall determine whether the housing element of the jurisdiction
10 substantially complies with this article and, once the court makes
11 that determination, it shall have the same force and effect, for all
12 purposes, as the department's determination that the housing
13 element substantially complies with this article.An agent appointed
14 pursuant to this paragraph shall have expertise in planning in
15 California.
16 (4) This subdivision does not limit a court's discretion to apply
17 any and all remedies in an action or special proceeding for a
18 violation of any law identified in subdivision (j).
19 (m) In determining the application of the remedies available
20 under subdivision (l), the court shall consider whether there are
21 any mitigating circumstances delaying the jurisdiction from coming
22 into compliance with state housing law. The court may consider
23 whether a city, county, or city and county is making a good faith
24 effort to come into substantial compliance or is facing substantial
25 undue hardships.
26 (n) Nothing in this section shall limit the authority of the office
27 of the Attorney General to bring a suit to enforce state law in an
28 independent capacity.The office of the Attorney General may seek
29 all remedies available under law including those set forth in this
30 section.
31 (o) Notwithstanding Sections 11040 and 11042,if the Attorney
32 General declines to represent the department in any action or
33 special proceeding brought pursuant to a notice or referral under
34 subdivision (j)the department may appoint or contract with other
35 counsel for purposes of representing the department in the action
36 or special proceeding.
37 (p) Notwithstanding any other provision of law, the statute of
38 limitations set forth in subdivision(a) of Section 338 of the Code
39 of Civil Procedure shall apply to any action or special proceeding
40 brought by the Office of the Attorney General or pursuant to a
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AB 68 —10—
1 notice or referral under subdivision (j), or by the department
2 pursuant to subdivision (o).
3 SEC. 3. Section 65914.7.5 is added to the Government Code,
4 to read:
5 65914.7.5. (a) For purposes of this section, the following
6 definitions apply:
7 (1) "Climate smart parcel" means a parcel located in a highest
8 resource, high resource, or moderate resource high-resource, or
9 moderate-resource area, as categorized by the California Tax
10 Credit Allocation Committee's opportunity maps, that meets
11 satisfies at least one : mobility
12 indicator.
13 (A) The parcel is located within one-half mile walking distance
14 of either a high-quality transit corridor or a major transit stop.
15 (B) The parcel is located in a very low vehicle travel area.
16 (C) The parcel is located within a mile from a cluster of six or
17 more of the following:
18 (i) Restaurants.
19 (ii) Bars.
20 (iii) Coffee shops.
21 (iv) Supermarkets.
22 (v) Grocery stores.
23 (vi) Hardware stores.
24 (vii) Parks.
25 (viii) Pharmacy.
26 (ix) Drugstore.
27 (2) "High-quality transit corridor" has the same meaning as
28 defined in subdivision(b)of Section 21155 of the Public Resources
29 Code.
30 (3) "Housing development" has the same meaning as defined
31 in paragraph (2) of subdivision(h) of Section 65589.5.
32 (4) "Local agency" means a city, county, or city and county,
33 whether general law or chartered.
34 (5) "Major transit stop" has the same meaning as defined in
35 Section 21064.3 subdivision (b) of Section 21155 of the Public
36 Resources Code.
37 (6) "Mobility indicator" means any of the following:
38 (A) The parcel is located within one-half mile walking distance
39 of either a high-quality transit corridor or a major transit stop.
40 (B) The parcel is located in a very low vehicle travel area.
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1 (C) The parcel is located within one mile from a cluster of six
2 or more of the following:
3 (i) Restaurant.
4 (ii) Bar.
5 (iii) Coffee shop.
6 (iv) Supermarket.
7 (v) Grocery store.
8 (vi) Hardware store.
9 (vii) Park.
10 (viii) Pharmacy.
11 (ix) Drugstore.
12 (6 •
13 (7) "Objective zoning standards" and"objective design review
14 standards" mean standards that involve no personal or subjective
15 judgment by a public official and are uniformly verifiable by
16 reference to an external and uniform benchmark or criterion
17 available and knowable by both the development applicant or
18 proponent and the public official prior to submittal.These standards
19 may be embodied in alternative objective land use specifications
20 adopted by a local agency, and may include, but are not limited
21 to, housing overlay zones, specific plans, inclusionary zoning
22 ordinances, and density bonus ordinances.
23 (7)
24 (8) "Priority development area"means an area identified under
25 the region's most recent sustainable communities strategy as prime
26 locations for additional growth. These areas may include job
27 centers, transit priority areas, or other characteristics where
28 mobility options support achieving greenhouse gas emissions
29 reduction.
30 (-8j
31 (9) (A) "Very low vehicle travel area" means an urbanized
32 area,as designated by the United States Census Bureau,where the
33 existing residential development generates vehicle miles traveled
34 per capita that is below 85 percent of either regional vehicle miles
35 traveled per capita or city vehicle miles traveled per capita.capita,
36 or county vehicle miles per capita.
37 (B) For purposes of this subdivision,"area"may include a travel
38 analysis zone,hexagon, or grid.
39 (C) For purposes of determining"regional vehicle miles traveled
40 per capita" pursuant to this subdivision, a"region" is the entirety
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AB 68 —12-
1 of incorporated and unincorporated areas governed by a
2 multicounty or single-county metropolitan planning organization,
3 or the entirety of the incorporated and unincorporated areas of an
4 individual county that is not part of a metropolitan planning
5 organization.
6 (b) A proposed housing development shall be subject to a
7 streamlined,ministerial approval process in subdivision(c)without
8 discretionary review or, hearing, if the proposed housing
9 development consists of multiple units and satisfies all of the
10 following objective planning standards:
11 (1) (A) For incorporated areas, the proposed housing
12 development is proposcd to be developed on a legal parcel or
13 parcels that includes at least a portion of an It is a legal parcel or
14 parcels located in a city if, and only if the city boundaries include
15 some portion of either urbanized area or urban cluster, as
16 designated by the United States Census Bureau.
17 (B) For unincorporated areas,the proposed housing development
18 is proposed to,be developed on a legal parcel or parcels wholly
19 within the boundaries of an urbanized area or urban cluster, as
20 designated by the United States Census Bureau.
21 (2) The proposed parcel for the proposed housing development
22 is zoned for residential use or residential mixed-use development,
23 or has a general plan designation that allows residential use or a
24 mix of residential and nonresidential uses, and at least two-thirds
25 of the square footage of the development is designated for
26 residential use. Additional density, floor area, and units, and any
27 other concession, incentive, or waiver of development standards
28 granted pursuant to the Density Bonus Law in Section 65915 shall
29 be included in the square footage calculation. The square footage
30 of the development shall not include underground space, such as
31 basements or underground parking garages.
32 (3) (A) The proposed parcel for the proposed housing
33 development satisfies the requirements specified in subparagraphs
34 (B)to(K),inclusive,of paragraph(6)of subdivision(a)of Section
35 65913.4.
36 (B) The proposed parcel is not in an area projected to experience
37 flooding at less than or equal to sea level rise of five feet according
38 to information from the National Oceanic and Atmospheric
39 Administration or according to the best available science.
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1 (C) The proposed parcel is not on natural lands within 100
2 meters width of streams or rivers, including, but not limited to,
3 streams or rivers mapped in the United States Environmental
4 Protection Agency National Hydrography Dataset NHDPlus, and
5 not on natural lands mapped by the United States Forest Service,
6 Pacific Southwest Region, existing Vegetation CALVEG, or best
7 available science.
8 (4) The development on the proposed parcel would not require
9 the demolition or alteration of either of the following types of
10 housing:
11 (A) Housing that is subject to a recorded covenant, ordinance,
12 or law that restricts rents to levels affordable to persons and
13 families of moderate, low, or very low income, as defined in
14 Sections 50093 and 50105 of the Health and Safety Code.
15 (B) Housing that is subject to any form of rent or price control
16 through a public entity's valid exercise of its police power.
17 (5) The development on the proposed parcel would not require
18 the demolition of a historic structure that was placed on a national
19 or state historic register.
20 (6) (A) Subject to subparagraph (B), the proposed parcel is
21 included in the applicable region's sustainable communities
22 strategy as a priority development area or is a climate-smart parcel.
23 (B) If the parcel is included in the applicable region's sustainable
24 communities strategy as a priority development area or is part of
25 a master environmental impact report pursuant to the California
26 Environmental Quality Act(Division 13(commencing with Section
27 21000) of the Public Resources Code), meets one of the mobility
28 indicators defined in paragraph (1) of subdivision (a), and the
29 proposed development would not be eligible for ministerial
30 approval under Section 65913.4 because it does not meet the
31 requirements of subparagraph(5)of subdivision(a)of that section,
32 then it shall be treated it shall be trcatcd as a climate-smart parcel
33 for purposes of this section.
34 (7) If the proposed housing development is units or more,
35 the development proponent certifies to the locality that it will
36 comply with the requirements of Section 65912.130 or 65912.131
37 of the Government Code.
38 (8) The proposed development dedicates a minimum of
39 percent of the total number of units,before calculating any density
40 bonus, to deed-restricted affordable housing.
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1 (c) (1) If a local agency determines that a development
2 submitted pursuant to this section is consistent with the objective
3 planning standards specified in subdivision (b) and pursuant to
4 paragraph (3), it shall approve the development. If a local agency
5 determines that a development submitted pursuant to this section
6 is in conflict with any of the objective planning standards specified
7 in subdivision (b), it shall provide the development proponent
8 written documentation of which standard or standards the
9 development conflicts with, and an explanation for the reason or
10 reasons the development conflicts with that standard or standards,
11 as follows:
12 (A) Within 60 days of submittal of the development to the local
13 agency pursuant to this section if the development contains 150
14 or fewer housing units.
15 (B) Within 90 days of submittal of the development to the local
16 agency pursuant to this section if the development contains more
17 than 150 housing units.
18 (2) If the local agency fails to provide the required
19 documentation pursuant to paragraph (1), the development shall
20 be deemed to satisfy the objective planning standards specified in
21 subdivision (b).
22 (3) For purposes of this section, a development is consistent
23 with the objective planning standards specified in subdivision(b) •
24 if there is substantial evidence that would allow a reasonable person
25 to conclude that the development is consistent with the objective
26 planning standards. The local agency shall not determine that a
27 development, including an application for a modification under
28 subdivision(b),is in conflict with the objective planning standards
29 on the basis that application materials are not included, if the
30 application contains substantial evidence that would allow a
31 reasonable person to conclude that the development is consistent
32 with the objective planning standards.
33 (d) (1) (A) A development proponent may request a
34 modification to a development that has been approved under the
35 streamlined, ministerial approval process provided in subdivision
36 (c) if that request is submitted to the local agency before the
37 issuance of the final building permit required for construction of
38 the development.
39 (B) Except as provided in paragraph(3), the local agency shall
40 approve a modification if it determines that the modification is
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1 consistent with the objective planning standards specified in
2 subdivision (b) that were in effect when the original development
3 application was first submitted.
4 (C) The local agency shall evaluate any modifications requested
5 pursuant to this subdivision for consistency with the objective
6 planning standards using the same assumptions and analytical
7 methodology that the local agency originally used to assess
8 consistency for the development that was approved for streamlined,
9 ministerial approval pursuant to subdivision (c).
10 (D) A guideline that was adopted or amended by the department
11 pursuant to subdivision (f) after a development was approved
12 through the streamlined,ministerial approval process described in
13 subdivision (c) shall not be used as a basis to deny proposed
14 modifications.
15 (2) Upon receipt of the development proponent's application
16 requesting a modification, the local agency shall determine if the
17 requested modification is consistent with the objective planning
18 standard and either approve or deny the modification request within
19 60 days after submission of the modification, or within 90 days if
20 design review is required.
21 (3) Notwithstanding paragraph(1),the local agency may apply
22 objective planning standards adopted after the development
23 application was first submitted to the requested modification in
24 any of the following instances:
25 (A) The development is revised such that the total number of
26 residential units or total square footage of construction changes
27 by 15 percent or more. The calculation of the square footage of
28 construction changes shall not include underground space.
29 (B) The development is revised such that the total number of
30 residential units or total square footage of construction changes
31 by 5 percent or more and it is necessary to subject the development
32 to an objective standard beyond those in effect when the
33 development application was submitted in order to mitigate or
34 avoid a specific, adverse impact, as that term is defined in
35 subparagraph (A) of paragraph (1) of subdivision (j) of Section
36 65589.5, upon the public health or safety and there is no feasible
37 alternative method to satisfactorily mitigate or avoid the adverse
38 impact. The calculation of. the square footage of construction
39 changes shall not include underground space.
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1 (C) Objective building standards contained in the California
2 Building Standards Code (Title 24 of the California Code of
3 Regulations), including, but not limited to, building plumbing,
4 electrical, fire, and grading codes, may be applied to all
5 modification applications that are submitted prior to the,first
6 building permit application. Those standards may be applied to
7 modification applications submitted after the first building permit
8 application if agreed to by the development proponent.
9 (4) The local agency's review of a modification request pursuant
10 to this subdivision shall be strictly limited to determining whether
11 the modification, including any modification to previously
12 approved density bonus concessions or waivers, modify the
13 development's consistency with the objective planning standards
14 and shall not reconsider prior determinations that are not affected
15 by the modification.
16 (e) (1) For multifamily housing developments that consist of
17 multiple units on a climate-smart parcel that are submitted pursuant
18 to this section, the following shall apply:
19 (A) A local agency shall not require impose a setback greater
20 than four feet from the side, rear, and front lot lines.
21
22 not exceed 50 feet,unless the base density allows a greater height,
23 in which ease the larger of the two shall be used.
24 (B) A local agency shall not impose a height limit on a housing
25 development that is less than 50 feet.
26 (C) The A local agency shall not impose requirements that
27 preclude a development project that has a maximum lot coverage
28 of 60 percent. applicable to the housing development of less than
29 60 percent.
30 (D) The A local agency shall not impose or enforce a minimum
31 parking requirement.
32 (E) Depending on the number of mobility indicators indicators,
33 the local agency shall impose the following floor area ratios: not
34 do any of the following:
35 (i) For a housing development project on a parcel with one
36 mobility indicator, impose a floor area ratio that is less than 1.0.
37 (ii) For a housing development project on a parcel with two
38 mobility indicators, impose a floor area ratio that is less than 1.25.
39 (iii) For a housing development project on a parcel with all three
40 mobility indicators, impose a floor area ratio that is less than 1.5.
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1 (2) A development proposed pursuant to this section shall be
2 eligible for a density bonus,incentives or concessions,waivers or
3 reductions of development standards, and parking ratios pursuant
4 to Section 65915.
5 (3) A local agency may impose objective zoning standards,
6 objective subdivision standards, and objective design review
7 standards that do not conflict with this section.However,the local
8 agency shall not do the following:
9 (A) Impose standards that would have the effect of physically
10 precluding the construction of projects that meet or exceed the
11 density standards described in subparagraph (B) of paragraph (3)
12 of subdivision (c) of Section 65583.2.
13 (B) Adopt or impose any requirement that applies to a
14 development project solely or partially on the basis that the project
15 is eligible to receive streamlined, ministerial review pursuant to
16 this section, including, but not limited to, increased fees or
17 inclusionary housing requirements.
18 (f) The Department of Housing and Community Development
19 may review, adopt, amend, and repeal guidelines, rules, and
20 regulations to implement uniform standards or criteria that
21 supplement or clarify the terms,references, or standards set forth
22 in this section.
23 SEC. 4. Chapter 4.3.1 (commencing with Section 65918.5) is
24 added to Division 1 of Title 7 of the Government Code, to read:
25
26 CHAPTER 4.3.1. DENSITY,SUBDIVISIONS,AND UTILITIES ON
27 CLIMATE RESILIENT,RISK,AND REFUGIA LANDS
28
29 65918.5. For purposes of this chapter,the following definitions
30 apply:
31 (a) "Climate resilient lands" means lands that are not existing
32 communities and that are not excluded lands.
33 (b) "Climate risk lands" mean lands within climate resilient
34 lands that have been identified as lands within very high and high
35 fire severity zones, lands identified as flood zones, or lands
36 identified as having a sea level rise risk of five feet according to
37 the latest science.
38 (c) "Climate refugia lands" means lands within Terrestrial
39 Connectivity categories 3,4, and 5 of the Department of Fish and
40 Wildlife's Area of Conservation Emphasis.
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AB 68 —18—
1 (d) "Existing communities" means the following:
2 (1) For incorporated areas, lands within municipal boundaries
3 as of January 1, 2024.
4 (2) For unincorporated areas,an urbanized area or urban cluster,
5 as designated by the United States Census Bureau.
6 (e) "Excluded lands" are lands that meet one of the following
7 criteria:
8 (1) Parcels with vested rights.
9 (2) Lands within specific plans with an environmental impact
10 report adopted on or before January 1, 2024.
11 (3) Lands zoned for agriculture, rural, or rangeland succession
12 reasons to accommodate agricultural workforce that result in uses
13 that remain accessory to the primary use.
14 (f) "Planned density" means the density of housing that is
15 planned for the land or parcel, as set on January, 1, 2024, in the
16 county's general plan.
17 65918.5.01. The Legislature finds and declares that the purpose
18 of this chapter is to protect the public health and safety by
19 preserving high value natural and working lands for the benefit of
20 climate resilience, equitable access to open space, biodiversity,
21 wildlife corridors, and food security.
22 65918.5.02. (a) Notwithstanding any law, a county shall not
23 increase the planned density on climate resilient lands unless the
24 planning requirements or conditions set forth in Section 65918.5.03
25 are met.
26 (b) Notwithstanding any law, a county shall not approve any
27 tentative,final,or parcel maps pursuant to Division 2(commencing
28 with Section 66410)for the subdivision of property within climate
29 risk lands or climate refugia lands unless the planning requirements
30 or conditions set forth in Section 65918.5.03 are met.
31 (c) Notwithstanding any law, a county shall not approve an
32 extension of water or sewer services on climate resilient lands
33 unless the planning requirements or conditions set forth in Section
34 65918.5.03 are met or the extension of these services are to meet
35 public health and safety requirements for existing residents.
36 (d) This section does not apply to a town or existing community
37 that has a population fewer than 5,000, is unincorporated, and
38
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1 65918.5.03. A county is not subject to Section 65918.5.02 if
2 all of the following planning requirements and conditions are
3 met:
4 (a) The county has a housing element that is approved by the
5 Department of Housing and Community Development.
6 (b) The county's board of supervisors makes a finding, based
7 on a preponderance of the evidence, of housing necessity.
8 (c) Following the finding in subdivision(b),the county's board
9 of supervisors does the following:
10 (1) Amends its general plan, pursuant to procedures required
11 by law, including Article 6 (commencing with Section 65350), to
12 increase the planned density on climate resilient lands,to authorize
13 the subdivision of property within climate risk lands or climate
14 refugia lands, or to authorize the extension of water or sewer
15 services on climate resilient lands, as applicable.
16 (2) In addition to notice required by Article 6 (commencing
17 with Section 65350),provides at least 30 days'notice of the public
18 hearing on the proposed amendments to the general plan to the
19 owners of properties adjacent to the area affected by the proposed
20 planned density increase, subdivision of property, or extension of
21 water or sewer services, as applicable, to the applicable local
22 agency formation commission, to any city in whose sphere of
23 influence the proposed planned density increase, subdivision of
24 property, or extension of water or sewer services, as applicable,
25 is located,and any other party that requests notice from the county
26 by submitting their name and contact information with the county
27 clerk.
28 (3) Makes, in conjunction with the amendment of the general
29 plan, all of the following findings:
30 (A) The proposed development requiring the increase in planned
31 density, subdivision of property, or extension of water or sewer
32 services is necessary to comply with state housing requirements,
33 as confirmed by the Office of Planning and Research.
34 (B) The parcels requiring the increase in planned density,
35 subdivision of property,or extension of water or sewer service, as
36 applicable,will not exceed the minimum area necessary to comply
37 with state housing law, as confirmed by the Office of Planning
38 , and Research.
39 (C) The proposed development requiring an increase in planned
40 density, subdivision of property, or extension of water or sewer
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AB 68 —20—
1 service is immediately adjacent to developed areas and housing
2 proponent has provided evidence to the county that the county's
3 departments,any applicable community services districts,and any
4 other districts providing utilities or services to the relevant parcel
5 have adequate capacity to accommodate the proposed development
6 for the succeeding 30 years. For purposes of this subparagraph,
7 the county's departments and other districts providing utilities and
8 services include,but are not limited to,the fire department,sheriff's
9 department, public works department, water and sewer districts,
10 and school districts.
11 (D) There is no other existing residential or commercial property
12 available to accommodate the proposed development on lands
13 outside of climate resilient lands and it is not feasible to
14 accommodate the proposed development by redesignating lands
15 outside of climate resilient lands, as confirmed by the Office of
16 Planning and Research.
17 65918.5.04. Notwithstanding any law, any land that is subject
18 to Section 65918.5.02 that is annexed by a city after January 1,
19 2024,shall still be subject to the prohibitions of this chapter unless,
20 it is an excluded land. For purposes of land that is subject to this
21 section, references in this chapter to "county" shall also refer to
22 the city that annexed the land.
23 SEC. 5. Section 66425.5 is added to the Government Code, to
24 read:
25 66425.5. Notwithstanding any law, a county shall not approve
26 any tentative, final, or parcel maps for the subdivision of property
27 pursuant to this division unless the planning requirements or
28 conditions set forth in Section 65918.5.03 are met for the affected
29 parcels.
30 SEC. 6. The Legislature finds and declares that the provision
31 of adequate housing, in light of the severe shortage of housing at
32 all income levels in this state, and the preservation of high value
33 natural and working lands are matters of statewide concern and
34 are not municipal affairs as that term is used in Section 5 of Article
35 XI of the California Constitution. Therefore, Sections 2, 3,4, and
36 5 of this act amending Section 65585 of,adding Sections 65914.7.5
37 and 66425.5 to, and adding Chapter 4.3.1 (commencing with
38 Section 65918.5)to Division 1 of Title 7 of,the Government Code
39 applies to all cities, including charter cities.
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—21—' AB 68
1 SEC. 7. No reimbursement is required by this act pursuant to
2 Section 6 of Article XIIIB of the California Constitution because
3 a local agency or school district has the authority to levy service
4 charges, fees, or assessments sufficient to pay for the program or
5 level of service mandated by this act,within the meaning of Section
6 17556 of the Government Code.
0
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rUNTING
O
'' � ` y� CITY OF HUNTINGTON BEACH
2000 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA 92648-2702
`2C�UNTY'toQAI
TONY STRICKLAND
MAYOR
May 3, 2023
The Honorable Buffy Wicks
California State Assembly
1021 0 St.
Ste. 4240
Sacramento, CA 95814
SUBJECT: AB 68 (WARD) LAND USE: STREAMLINED HOUSING APPROVALS: DENSITY,
SUBDIVISION, AND UTILITY APPROVALS
Dear Chair Wicks and Members of the Housing and Community Development Committee:
The City of Huntington Beach respectfully OPPOSES AB 68 (Ward) because the bill proposes
to strip local governments of their land use authority by permanently prohibiting all new housing
construction in counties that the bill claims are not "climate smart parcels". It will prevent local
governments from permitting new housing units in most of their jurisdictions and mandates
exclusionary land use policies.
AB 68 may appear to be a climate bill. However, it is a mechanism for HCD to allow
streamlined, by-right housing development, and it will give HCD total authority to interpret and
strip local authority.
For these reasons, the City of Huntington Beach respectfully opposes AB 68.
Sincerely,
Tony Strickland
Mayor
City of Huntington Beach
Cc: Senator Janet Nguyen
Senator Dave Min
Assembly Member Diane Dixon
Assembly Member Tri Ta
ACC-OC Board of Directors (via email)
Bismarck Obando, Director of Public Affairs (bismarck@calcities.org)
League of California Cities (cityletters@calcities.org)
Fax 714.536.5233 Page 1 of 1 Office: 714.536.5553
239
AMENDED IN SENATE MARCH 28, 2023
SENATE BILL No. 423
Introduced by Senator Wiener
(Principal coauthor:Assembly Member Wicks)
(Coauthor: Senator Hurtado)
(Coauthor:Assembly Member Grayson)
February 13, 2023
An act to amend Section 65913.4 of the Government Code,relating
to land use.
LEGISLATIVE COUNSEL'S DIGEST
SB 423, as amended, Wiener. Land use: streamlined housing
approvals: multifamily housing developments.
Existing law,the Planning and Zoning Law,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,
among others,that the development proponent has committed to record,
prior to the issuance of the first building permit, a land use restriction
or covenant providing that any lower or moderate-income housing units
required, as specified, remain available at affordable housing costs, as
defined, or rent to persons and families of lower or moderate-income
for no less than specified periods of time. Existing law repeals these
provisions on January 1, 2026.
This bill would authorize the Department of General Services to act
in the place of a locality or local government, at the discretion of that
department, for purposes of the ministerial, streamlined review for
development on property owned by or leased to the state.The bill would
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delete the January 1,2026,repeal date,thereby making these provisions
operative indefinitely.
This bill would modify the above-described objective planning
standards,including by deleting the standard that prohibits a multifamily
housing development from being subject to the streamlined,ministerial
approval process if the development is located in a coastal zone, and
by providing an alternative definition for "affordable housing costs"
for a development that dedicates 100%of units,exclusive of a manager's
unit or units,to lower income households.The bill would,among other
modifications, delete the objective planning standards requiring
development proponents to pay at least the general prevailing rate of
per diem wages and utilize a skilled and trained workforce and would
instead require a development proponent to certify to the local
government that certain wage and labor standards will be met,including •
a requirement that all construction workers be paid at least the general
prevailing rate of wages, as specified.The bill would require the Labor
Commissioner to enforce the obligation to pay prevailing wages. By
expanding the crime of perjury,the bill would impose a state-mandated
local program. The bill would specify that the requirements to pay
prevailing wages, use a workforce participating in an apprenticeship,
or provide health care expenditures do not apply to a project that consists
of 10 or fewer units and is not otherwise a public work.
This bill would define "objective planning standards" to exclude
codes requiring detailed technical specifications,and standards that are
not reasonably ascertainable by the local government within specified
time limits, as described.
Existing law requires a local government to approve a development
if the local government determines the development is consistent with
the objective planning standards. Existing law requires, if the local
government determines a submitted development is in conflict with any
of the objective planning standards, the local government to provide
the development proponent written documentation of the standards the
development conflicts with and an explanation for the conflict within
certain timelines depending on the size of the development. Existing
law, the Housing Accountability Act, prohibits a local agency from
disapproving a housing development project, as described, unless it
makes specified written findings.
This bill would instead require approval if a local government's
planning director or any equivalent local government staff, including
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all relevant planning and permitting departments, equivalent position
determines the development is consistent with the objective planning
standards. The bill would make conforming changes. The bill would
require all departments of the local government that are required to
issue an approval of the development prior to the granting of an
entitlement to also comply with the above-described streamlined
approval requirements within specified time periods. The bill would
prohibit a local government from requiring a development proponent
to provide consultant studics, as described, or othcr studies requiring,
prior to approving a development that meets the requirements of the
above-described streamlining provisions, compliance with any standards
necessary to receive a postentitlement permit or studies, information,
or other materials that arc unnecessary to ascertain consistency do not
pertain directly to determining whether the development is consistent
with the objective planning standards. standards applicable to the
development.
The bill would, for purposes of these provisions, establish that the
total number of units in a development includes (1) all projects
developed on a site,regardless of when those developments occur, and
(2)all projects developed on sites adjacent to a site developed pursuant
to these provisions if, after January 1, 2023, the adjacent site had been
subdivided from the site developed pursuant to these provisions.
Existing law authorizes the local government's planning commission
or any equivalent board or commission responsible for review and
approval of development projects,or as otherwise specified,to conduct
any design review or public oversight of the development.
This bill would remove the above-described authorization to conduct
public oversight of the development and would only authorize design •
review to be conducted by the local government's planning commission
or any equivalent board or commission responsible for design review.
By imposing additional duties on local officials,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 specified reasons.
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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. The Legislature finds and declares that it has
2 provided reforms and incentives to facilitate and expedite the
3 construction of affordable housing. Those reforms and incentives
4 can be found in the following provisions:
5 (a) Housing element law (Article 10.6 (commencing with
6 Section 65580) of Chapter 3 of Division 1 of Title 7 of the
7 Government Code).
8 (b) Extension of statute of limitations in actions challenging the
9 housing element and brought in support of affordable housing
10 (subdivision (d) of Section 65009 of the Government Code).
11 (c) Restrictions on disapproval of housing developments
12 (Section 65589.5 of the Government Code).
13 (d) Priority for affordable housing in the allocation of water and
14 sewer hookups (Section 65589.7 of the Government Code).
15 (e) Least cost zoning law (Section 65913.1 of the Government
16 Code).
17 (f) Density Bonus Law (Section 65915 of the Government
18 Code).
19 (g) Accessory dwelling units(Sections 65852.150 and 65852.2
20 of the Government Code).
21 (h) By-right housing, in which certain multifamily housing is
22 designated a permitted use (Section 65589.4 of the Government
23 Code).
24 (i) No-net-loss-in zoning density law limiting downzonings and
25 density reductions (Section 65863 of the Government Code).
26 (j) Requiring persons who sue to halt affordable housing to pay
27 attorney's fees (Section 65914 of the Government Code) or post
28 a bond (Section 529.2 of the Code of Civil Procedure).
29 (k) Reduced time for action on affordable housing applications
30 under the approval of development permits process (Article 5
31 (commencing with Section 65950) of Chapter 4.5 of Division 1
32 of Title 7 of the Government Code).
33 (l) Limiting moratoriums on multifamily housing(Section 65858
34 of the Government Code).
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1 (m) Prohibiting discrimination against affordable housing
2 (Section 65008 of the Government Code).
3 (n) California Fair Employment and Housing Act (Part 2.8
4 (commencing with Section 12900) of Division 3 of Title 2 of the
5 Government Code).
6 (o) Community Redevelopment Law(Part 1 (commencing with
7 Section 33000)of Division 24 of the Health and Safety Code, and
8 in particular Sections 33334.2 and 33413 of the Health and Safety
9 Code).
10 (p) Streamlining housing approvals during a housing shortage
11 (Section 65913.4 of the Government Code).
12 (q) Housing sustainability districts (Chapter 11 (commencing
13 with Section 66200) of Division 1 of Title 7 of the Government
14 Code).
15 (r) Streamlining agricultural employee housing development
16 approvals (Section 17021.8 of the Health and Safety Code).
17 (s) The Housing Crisis Act of 2019 (Senate Bill 330 (Chapter
18 654 of the Statutes of 2019)).
19 (t) Allowing four units to be built on single-family parcels
20 statewide (Senate Bill 9(Chapter 162 of Statutes of 2021)).
21 (u) The Middle Class Housing Act of 2022 (Section 65852.24
22 of the Government Code).
23 )
24 (v) Affordable Housing and High Road Jobs Act of 2022
25 (Chapter 4.1 (commencing with Section 65912.100) of Division
26 1 of Title 7 of the Government Code).
27 SEC. 2. Section 65913.4 of the Government Code is amended
28 to read: •
29 65913.4. (a) A development proponent may submit an
30 application for a development that is subject to the streamlined,
31 ministerial approval process provided by subdivision (c) and is
32 not subject to a conditional use permit or any other nonlegislative
33 discretionary approval if the development complies with
34 subdivision(b)and satisfies all of the following objective planning
35 standards:
36 (1) The development is a multifamily housing development that
37 contains two or more residential units.
38 (2) The development and the site on which it is located satisfy
39 all of the following:
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1 (A) It is a legal parcel or parcels located in a city if, and only
2 if,the city boundaries include some portion of either an urbanized
3 area or urban cluster, as designated by the United States Census
4 Bureau, or, for unincorporated areas, a legal parcel or parcels
5 wholly within the boundaries of an urbanized area or urban cluster,
6 as designated by the United States Census Bureau.
7 (B) At least 75 percent of the perimeter of the site adjoins parcels
8 that are developed with urban uses.For the purposes of this section,
9 parcels that are only separated by a street or highway shall be
10 considered to be adjoined.
11 (C) (i) A site that meets the requirements of clause (ii) and
12 satisfies any of the following:
13 (I) The site is zoned for residential use or residential mixed-use
14 development.
15 (II) The site has a general plan designation that allows residential
16 use or a mix of residential and nonresidential uses.
17 (III) The site is zoned for office or retail commercial use and
18 meets the requirements of Section 65852.24.
19 (ii) At least two-thirds of the square footage of the development
20 is designated for residential use. Additional density, floor area,
21 and units, and any other concession, incentive, or waiver of
22 development standards granted pursuant to the Density Bonus Law
23 in Section 65915 shall be included in the square footage
24 calculation. The square footage of the development shall not
25 include underground space, such as basements or underground
26 parking garages.
27 (3) (A) The development proponent has committed to record,
28 prior to the issuance of the first building permit, a land use
29 restriction or covenant providing that any lower or moderate
30 income housing units required pursuant to subparagraph (B) of
31 paragraph (4) shall remain available at affordable housing costs
32 or rent to persons and families of lower or moderate-income for
33 no less than the following periods of time:
34 (i) Fifty-five years for units that are rented.
35 (ii) Forty-five years for units that are owned.
36 (B) The city or county shall require the recording of covenants
37 or restrictions implementing this paragraph for each parcel or unit
38 of real property included in the development.
39 (4) The development satisfies clause (i) or(ii) of subparagraph
40 (A) and satisfies subparagraph (B) below:
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1 (A) (i) For a development located in a locality that is in its sixth
2 or earlier housing element cycle, the development is located in
3 either of the following:
4 (I) In a locality that the department has determined is subject
5 to this clause on the basis that the number of units that have been
6 issued building permits, as shown on the most recent production
7 report received by the department, is less than the locality's share
8 of the regional housing needs, by income category, for that
9 reporting period. A• locality shall remain eligible under this
10 subclause until the department's determination for the next
11 reporting period.
12 (H) In a locality that the department has determined is subject
13 to this clause on the basis that the locality did not adopt a housing
14 element that has been found in substantial compliance with housing
15 element law (Article 10.6 (commencing with Section 65580) of
16 Chapter 3)by the department.A locality shall remain eligible under
17 this subclause until such time as the locality adopts a housing
18 element that has been found in substantial compliance with housing
19 element law (Article 10.6 (commencing with Section 65580) of
20 Chapter 3)by the department. •
21 (ii) For a development located in a locality that is in its seventh
22 or later housing element cycle, is located in a locality that the
23 department has determined is subject to this clause on the basis
24 that the locality did not adopt a housing element that has been
25 found in substantial compliance with housing element law(Article
26 10.6 (commencing with Section 65580) of Chapter 3) by the
27 department by the statutory deadline, or that the number of units
28 that have been issued building permits,as shown on the most recent
29 production report received by the department, is less than the
30 locality's share of the regional housing needs,by income category,
31 for that reporting period. A locality shall remain eligible under
32 this subparagraph until the department's determination for the next
33 reporting period.
34 (B) The development is subject to a requirement mandating a
35 minimum percentage of below market rate housing based on one
36 of the following:
37 (i) The locality did not adopt a housing element pursuant to
38 Section 65588 that has been found in substantial compliance with
39 the housing element law (Article 10.6 (commencing with Section
40 65580) of Chapter 3) by the department, did not submit its latest
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1 production report to the department by the time period required
2 by Section 65400, or that production report submitted to the
3 department reflects that there were fewer units of above
4 moderate-income housing issued building permits than were
5 required for the regional housing needs assessment cycle for that
6 reporting period. In addition, if the project contains more than 10
7 units of housing, the project does either of the following:
8 (I) The project dedicates a minimum of 10 percent of the total
9 number of units,before calculating any density bonus,to housing
10 affordable to households making at or below 80 percent of the area
11 median income. However, if the locality has adopted a local
12 ordinance that requires that greater than 10 percent of the units be
13 dedicated to housing affordable to households making below 80
14 percent of the area median income, that local ordinance applies.
15 (II) (ia) If the project is located within the San Francisco Bay
16 area,the project,in lieu of complying with subclause(I),dedicates
17 20 percent of the total number of units, before calculating any
18 density bonus,to housing affordable to households making below
19 120 percent of the area median income with the average income
20 of the units at or below 100 percent of the area median income.
21 However, a local ordinance adopted by the locality applies if it
22 requires greater than 20 percent of the units be dedicated to housing
23 affordable to households making at or below 120 percent of the
24 area median income,or requires that any of the units be dedicated
25 at a level deeper than 120 percent. In order to comply with this
26 subclause,the rent or sale price charged for units that are dedicated
27 to housing affordable.to households between 80 percent and 120
28 percent of the area median income shall not exceed 30 percent of
29 the gross income of the household.
30 (ib) For purposes of this subclause, "San Francisco Bay area"
31 means the entire area within the territorial boundaries of the
32 Counties of Alameda, Contra Costa, Marin, Napa, San Mateo,
33 Santa Clara,Solano,and Sonoma,and the City and County of San
34 Francisco.
35 (ii) The locality's latest production report reflects that there
36 were fewer units of housing issued building permits affordable to
37 either very low income or low-income households by income
38 category than were required for the regional housing needs
39 assessment cycle for that reporting period,and the project seeking
40 approval dedicates 50 percent of the total number of units,before
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1 calculating any density bonus,to housing affordable to households
2 making at or below 80 percent of the area median income.
3 However,if the locality has adopted a local ordinance that requires
4 that greater than 50 percent of the units be dedicated to housing
5 affordable to households making at or below 80 percent of the area
6 median income, that local ordinance applies.
7 (iii) The locality did not submit its latest production report to
8 the department by the time period required by Section 65400, or
9 if the production report reflects that there were fewer units of
10 housing affordable to both income levels described in clauses (i)
11 and (ii) that were issued building permits than were required for
12 the regional housing needs assessment cycle for that reporting
13 period,the project seeking approval may choose between utilizing
14 clause (i) or(ii).
15 (C) (i) A development proponent that uses a unit of affordable
16 housing to satisfy the requirements of subparagraph (B)may also
17 satisfy any other local or state requirement for affordable housing,
18 including local ordinances or the Density Bonus Law in Section
19 65915, provided that the development proponent complies with
20 the applicable requirements in the state or local law. If a local
21 requirement for affordable housing requires units that are restricted
22 to households with incomes higher than the applicable income
23 limits required in subparagraph (B), then units that meet the
24 applicable income limits required in subparagraph (B) shall be
25 deemed to satisfy those local requirements for higher income units.
26 (ii) A development proponent that uses a unit of affordable
27 housing to satisfy any other state or local affordability requirement
28 may also satisfy the requirements of subparagraph (B), provided
29 that the development proponent complies with applicable
30 requirements of subparagraph (B).
31 (iii) A development proponent may satisfy the affordability
32 requirements of subparagraph (B) with a unit that is restricted to
33 households with incomes lower than the applicable income limits
34 required in subparagraph (B).
35 (D) The amendments to this subdivision made by the act adding
36 this subparagraph do not constitute a change in,but are declaratory
37 of, existing law.
38 (5) The development, excluding any additional density or any
39 other concessions,incentives,or waivers of development standards
40 for which the development is eligible pursuant to the Density Bonus
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1 Law in Section 65915, is consistent with objective zoning
2 standards, objective subdivision standards, and objective design
3 review standards in effect at the time that the development is
4 submitted'to the local government pursuant to this section, or at
5 the time a notice of intent is submitted pursuant to subdivision(b),
6 whichever occurs earlier.For purposes of this paragraph,"objective
7 zoning standards," "objective subdivision standards," and
8 "objective design review standards" mean standards that involve
9 no personal or subjective judgment by a public official and are
10 unifoiiiily verifiable by reference to an external and uniform
11 benchmark or criterion available and knowable by both the
12 development applicant or proponent and the public official before
13 submittal. These standards may be embodied in alternative
14 objective land use specifications adopted by a city or county, and
15 may include,but are not limited to,housing overlay zones,specific
16 plans, inclusionary zoning ordinances, and density bonus
17 ordinances, subject to the following:
18 (A) A development shall be deemed consistent with the objective
19 zoning standards related to housing density, as applicable, if the
20 density proposed is compliant with the maximum density allowed
21 within that land use designation, notwithstanding any specified
22 maximum unit allocation that may result in fewer units of housing
23 being permitted.
24 (B) In the event that objective zoning,general plan,subdivision,
25 or design review standards are mutually inconsistent,, a
26 development shall be deemed consistent with the objective zoning
27 and subdivision standards pursuant to this subdivision if the
28 development is consistent with the standards set forth in the general
29 plan.
30 (C) It is the intent of the Legislature that the objective zoning
31 standards, objective subdivision standards, and objective design
32 review standards described in this paragraph be adopted or
33 amended in compliance with the requirements of Chapter 905 of
34 the Statutes of 2004.
35 (D) The amendments to this subdivision made by the act adding
36 this subparagraph do not constitute a change in,but are declaratory
37 of, existing law.
38 (E) A project that satisfies the requirements of Section 65852.24
39 shall be deemed consistent with objective zoning standards,
40 objective design standards, and objective subdivision standards if
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1 the project is consistent with the provisions of subdivision (b) of
2 Section 65852.24 and if none of the square footage in the project
3 is designated for hotel, motel, bed and breakfast inn, or other
4 transient lodging use, except for a residential hotel. For purposes
5 of this subdivision,"residential hotel"shall have the same meaning
6 as defined in Section 50519 of the Health and Safety Code.
7 (6) The development is not located on a site that is any of the
8 following:
9 (A) Either prime farmland or farmland of statewide importance,
10 as defined pursuant to United States Department of Agriculture
11 land inventory and monitoring criteria,as modified for California,
12 and designated on the maps prepared by the Farmland Mapping
13 and Monitoring Program of the Department of Conservation, or
14 land zoned or designated for agricultural protection or preservation
15 by a local ballot measure that was approved by the voters of that
16 jurisdiction.
17 (B) Wetlands, as defined in the United States Fish and Wildlife •
18 Service Manual, Part 660 FW 2 (June 21, 1993), unless the
19 development within the wetlands has been authorized by a permit
20 or other approval issued pursuant to federal or other state law.
21 (C) Within a very high fire hazard severity zone, as determined
22 by the Department of Forestry and Fire Protection pursuant to
23 Section 51178, or within a high or very high fire hazard severity
24 zone as indicated on maps adopted by the Department of Forestry
25 and Fire Protection pursuant to Section 4202 of the Public
26 Resources Code. This subparagraph does not apply to sites
27 excluded from the specified hazard zones by a local agency,
28 pursuant to subdivision (b) of Section 51179, or sites that have
29 adopted fire hazard mitigation measures pursuant to existing
30 building standards or state fire mitigation measures applicable to
31 the development.
32 (D) A hazardous waste site that is listed pursuant to Section
33 65962.5 or a hazardous waste site designated by the Department
34 of Toxic Substances Control pursuant to Section 25356 of the
35 Health and Safety Code, unless either of the following apply:
36 (i) The site is an underground storage tank site that received a
37 uniform closure letter issued pursuant to subdivision(g)of Section
38 25296.10'of the Health and Safety Code based on closure criteria
39 established by the State Water Resources Control Board for
40 residential use or residential mixed uses. This section does not
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1 alter or change the conditions to remove a site from the list of
2 hazardous waste sites listed pursuant to Section 65962.5.
3 (ii) The State Department of Public Health, State Water
4 Resources Control Board,Department of Toxic Substances Control,
5 or a local agency making a determination pursuant to subdivision
6 (c) of Section 25296.10 of the Health and Safety Code, has
7 otherwise determined that the site is suitable for residential use or
8 residential mixed uses.
9 (E) Within a delineated earthquake fault zone as determined by
10 the State Geologist in any official maps published by the State
11 Geologist,unless the development complies with applicable seismic
12 protection building code standards. adopted by the California
13 Building Standards Commission under the California Building
14 Standards Law (Part 2.5 (commencing with Section 18901) of
15 Division 13 of the Health and Safety Code), and by any local
16 building department under Chapter 12.2(commencing with Section
17 8875) of Division 1 of Title 2.
18 (F) Within a special flood hazard area subject to inundation by
19 the 1 percent annual chance flood(100-year flood) as determined
20 by the Federal Emergency Management Agency in any official
21 maps published by the Federal Emergency Management Agency.
22 If a development proponent is able to satisfy all applicable federal
23 qualifying criteria in order to provide that the site satisfies this
24 subparagraph and is otherwise eligible for streamlined approval
25 under this section,a local government shall not deny the application
26 on the basis that the development proponent did not comply with
27 any additional permit requirement, standard, or action adopted by
28 that local government that is applicable to that site.A development
29 may be located on a site described in this subparagraph if either
30 of the following are met:
31 (i) The site has been subject to a Letter of Map Revision
32 prepared by the Federal Emergency Management Agency and
33 issued to the local jurisdiction.
34 (ii) The site meets Federal Emergency Management Agency
35 requirements necessary to meet minimum flood plain management
36 criteria of the National Flood Insurance Program pursuant to Part
37 59 (commencing with Section 59.1) and Part 60 (commencing
38 with Section 60.1) of Subchapter B of Chapter I of Title 44 of the
39 Code of Federal Regulations.
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1 (G) Within a regulatory floodway as determined by the Federal
2 Emergency Management Agency in any official maps published
3 by the Federal Emergency Management Agency, unless the
4 development has received a no-rise certification in, accordance
5 with Section 60.3(d)(3) of Title 44 of the Code of Federal
6 Regulations. If a development proponent is able to satisfy all
7 applicable federal qualifying criteria in order to provide that the
8 site satisfies this subparagraph and is otherwise eligible for
9 streamlined approval under this section, a local government shall
10 not deny the application on the basis that the development
11 proponent did not comply with any additional permit requirement,
12 standard, or action adopted by that local government that is
13 applicable to that site.
14 (H) Lands identified for conservation in an adopted natural
15 community conservation plan pursuant to the Natural Community
16 Conservation Planning Act(Chapter 10(commencing with Section
17 2800) of Division 3 of the Fish and Game Code), habitat
18 conservation plan pursuant to the federal Endangered Species Act
19 of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural
20 resource protection plan.
21 (I) Habitat for protected species identified as candidate,
22 sensitive, or species of special status by state or federal agencies,
23 fully protected species, or species protected by the federal
24 Endangered Species Act of 1973 (16 U.S.C.. Sec. 1531 et seq.),
25 the California Endangered Species Act(Chapter 1.5(commencing
26 with Section 2050) of Division 3 of the Fish and Game Code), or
27 the Native Plant Protection Act (Chapter 10 (commencing with
28 Section 1900) of Division 2 of the Fish and Game Code), unless
29 the development within the habitat has been authorized by a permit
30 or approval issued pursuant to federal or other state law.
31 (J) Lands under conservation easement.
32 (7) The development is not located on a site where any of the
33 following apply:
34 (A) The development would require the demolition of the
35 following types of housing:
36 (i) Housing that is subject to a recorded covenant, ordinance,
37 or law that restricts rents to levels affordable to persons and
38 families of moderate, low, or very low income.
39 (ii) Housing that is subject to any form of rent or price control
40 through a public entity's valid exercise of its police power.
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1 (iii) Housing that has been occupied by tenants within the past
2 10 years.
3 (B) The site was previously used for housing that was occupied
4 by tenants that was demolished within 10 years before the
5 development proponent submits an application under this section.
6 (C) The development would require the demolition of a historic
7 structure that was placed on a national, state, or local historic
8 register.
9 (D) The property contains housing units that are occupied by
10 tenants,and units at the property are,or were,subsequently offered
11 for sale to the general public by the subdivider or subsequent owner
12 of the property.
13 (8) Except as provided in paragraph (9), a proponent of a
14 development project approved by a local government pursuant to
15 this section shall require in contracts with construction contractors,
16 and shall certify to the local government, that the following
17 standards specified in this paragraph will be met in project
18 construction, as applicable:
19 (A) A development.that is not in its entirety a public work for
20 purposes of Chapter 1 (commencing with Section 1720) of Part 7
21 of Division 2 of the Labor Code and approved by a local
22 government pursuant to Article 2 (commencing with Section
23 65912.110) or Article 3 (commencing with Section 65912.120)
24 shall be subject to all of the following:
25 (i) All construction workers employed in the execution of the
26 development shall be paid at least the general prevailing rate of
27 per diem wages for the type of work and geographic area, as
28 determined by the Director of Industrial Relations pursuant to
29 Sections 1773 and 1773.9 of the Labor Code, except that
30 apprentices registered in programs approved by the Chief of the
31 Division of Apprenticeship Standards may be paid at least the
32 applicable apprentice prevailing rate.
33 (ii) The development proponent shall ensure that the prevailing
34 wage requirement is included in all contracts for the performance
35 of the work for those portions of the development that are not a
36 public work.
37 (iii) All contractors and subcontractors for those portions of the
38 development that are not a public work shall comply with both of
39 the following:
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1 (I) Pay to all construction workers employed in the execution
2 of the work at least the general prevailing rate of per diem wages,
3 except that apprentices registered in programs approved by the
4 Chief of the Division of Apprenticeship Standards may be paid at
5 least the applicable apprentice prevailing rate.
6 (II) Maintain and verify payroll records pursuant to Section
7 1776 of the Labor Code and make those records available for
8 inspection and copying as provided in that section.This subclause
9 does not apply if all contractors and subcontractors performing
10 work on the development are subject to a project labor agreement
11 that requires the payment of prevailing wages to all construction
12 workers employed in the execution of the development and
13 provides for enforcement of that obligation through an arbitration
14 procedure. For purposes of this subclause, "project labor
15 agreement"has the same meaning as set forth in paragraph(1) of
16 subdivision (b) of Section 2500 of the Public Contract Code.
17 (B) (i) The obligation of the contractors and subcontractors to
18. pay prevailing wages pursuant to this paragraph may be enforced
19 by any of the following:
20 (I) The Labor Commissioner through the issuance of a civil
21 wage and penalty assessment pursuant to Section 1741 of the Labor
22 Code, which may be reviewed pursuant to Section 1742 of the
23 Labor Code, within 18 months after the completion of the
24 development.
25 (II) An underpaid worker through an administrative complaint
26 or civil action.
27 (III) A joint labor-management committee through a civil action
28 under Section 1771.2 of the Labor Code.
29 (ii) If a civil wage and penalty assessment is issued pursuant to
30 this paragraph,the contractor,subcontractor,and surety on a bond
31 or bonds issued to secure the payment of wages covered by the
32 assessment shall be liable for liquidated damages pursuant to
33 Section 1742.1 of the Labor Code.
34 (iii) This paragraph does not apply if all contractors and
35 subcontractors performing work on the development are subject
36 to a project labor agreement that requires the payment of prevailing
37 wages to all construction workers employed in the execution of
38 the development and provides for enforcement of that obligation
39 through an arbitration procedure. For purposes of this clause,
40 "project labor agreement" has the same meaning as set forth in
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1 paragraph (1) of subdivision (b) of Section 2500 of the Public
2 Contract Code.
3 (C) Notwithstanding subdivision (c) of Section 1773.1 of the
4 Labor Code, the requirement that employer payments not reduce
5 the obligation to pay the hourly straight time or overtime wages
6 found to be prevailing does not apply to those portions of
7 development that are not a public work if otherwise provided in a
8 bona fide collective bargaining agreement covering the worker.
9 (D) The requirement of this paragraph to pay at least the general
10 prevailing rate of per diem wages does not preclude use of an
11 alternative workweek schedule adopted pursuant to Section 511
12 or 514 of the Labor Code.
13 (E) A development of 50 or more housing units approved by a
14 local government pursuant to this section shall meet all of the
15 following-labor standards:
16 (i) The development proponent shall require in contracts with
17 construction contractors and shall certify to the local government
18 that each contractor of any tier who will employ construction craft
19 employees or will let subcontracts for at least 1,000 hours shall
20 satisfy the requirements in clauses (ii) and (iii). A construction
21 contractor is deemed in compliance with clauses (ii) and (iii)if it
22 is signatory to a valid collective bargaining agreement that requires
23 utilization of registered apprentices and expenditures on health
24 care for employees and dependents.
25 (ii) A contractor with construction craft employees shall either
26 participate in an apprenticeship program approved by the California
27 Division of Apprenticeship Standards pursuant to Section 3075 of
28 the Labor Code, or request the dispatch of apprentices from a
29 state-approved apprenticeship program under the terms and
30 conditions set forth in Section 1777.5 of the Labor Code. A
31 contractor without construction craft employees shall show a
32 contractual obligation that its subcontractors comply with this
33 clause.
34 (iii) Each contractor with construction craft employees shall
35 make health care expenditures for each employee in an amount
36 per hour worked on the development equivalent to at least the
37 hourly pro rata cost of a Covered California Platinum level plan
38 for two adults 40 years of age and two dependents 0 to 14 years
39 of age for the Covered California rating area in which the
40 development is located. A contractor without construction craft
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1 employees shall show a contractual obligation that its
2 subcontractors comply with this clause. Qualifying expenditures
3 shall be credited toward compliance with prevailing wage payment
4 requirements set forth in this paragraph.
5 (iv) (I) The development proponent shall provide to the local
6 government, on a monthly basis while its construction contracts
7 on the development are being performed, a report demonstrating
8 compliance with clauses (ii) and (iii). The reports shall be
9 considered public records under the California Public Records Act
10 (Division 10(commencing with Section 7920.000)of Title 1),and
11 shall be open to public inspection.
12 (II) A development proponent that fails to provide the monthly
13 report shall be subject to a civil penalty for each month for which
14 the report has not been provided, in the amount of 10 percent of
15 the dollar value of construction work performed by that contractor
16 on the development in the month in question, up to a maximum
17 of ten thousand dollars($10,000).Any contractor or subcontractor
18 that fails to comply with clauses (ii) and (iii) shall be subject to a
19 civil penalty of two hundred dollars($200)per day for each worker
20 employed in contravention of clauses (ii) and(iii).
21 (III) Penalties may be assessed by the Labor Commissioner
22 within 18 months of completion of the development using the
23 procedures for issuance of civil wage and penalty assessments
24 specified in Section 1741 of the Labor Code,and may be reviewed
25 pursuant to Section 1742 of the Labor Code. Penalties shall be
26 deposited in the State Public Works Enforcement Fund established
27 pursuant to Section 1771.3 of the Labor Code.
28 (v) Each construction contractor shall maintain and verify
29 payroll records pursuant to Section 1776 of the Labor Code. Each
30 construction contractor shall submit payroll records directly to the
31 Labor Commissioner at least monthly in a format prescribed by
32 the Labor Commissioner in accordance with subparagraph (A) of
33 paragraph (3) of subdivision (a) of Section 1771.4 of the Labor
34 Code. The records shall include a statement of fringe benefits.
35 Upon request by a joint labor-management cooperation committee
36 established pursuant to the Federal Labor Management Cooperation
37 Act of 1978 (29 U.S.C. Sec. 175a), the records shall be provided
38 pursuant to subdivision (e) of Section 1776 of the Labor Code.
39 (vi) All construction contractors shall report any change in
40 apprenticeship program participation or health care expenditures
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1 to the local government within 10 business days, and shall reflect
2 those changes on the monthly report. The reports shall be
3 considered public records pursuant to the California Public Records
4 Act(Division 10(commencing with Section 7920.000)of Title 1)
5 and shall be open to public inspection.
6 (vii) A joint labor-management cooperation committee
7 established pursuant to the Federal Labor Management Cooperation
8 Act of 1978 (29 U.S.C. Sec. 175a) shall have standing to sue a
9 construction contractor for failure to make health care expenditures
10 pursuant to clause(iii)in accordance with Section 218.7 or 218.8
11 of the,Labor Code.
12 (9) Notwithstanding paragraph(8),a development that is subject
13 to approval pursuant to this section is,exempt from any requirement
14 to pay prevailing wages, use a workforce participating in an
15 apprenticeship, or provide health care expenditures if it satisfies
16 both of the following:
17 (A) The project consists of 10 or fewer units.
18 (B) The project is not a public work for purposes of Chapter 1
19 (commencing with Section 1720) of Part 7 of Division 2 of the
20 Labor Code.
21 (10) The development shall not be upon an existing parcel of
22 land or site that is governed under the Mobilehome Residency Law
23 (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2
24 of Division 2 of the Civil Code), the Recreational Vehicle Park
25 Occupancy Law(Chapter 2.6 (commencing with Section 799.20)
26 of Title 2 of Part 2 of Division 2 of the Civil Code), the
27 Mobilehome Parks Act(Part 2.1 (commencing with Section 18200)
28 of Division 13 of the Health and Safety Code), or the Special
29 Occupancy Parks Act(Part 2.3 (commencing with Section 18860)
30 of Division 13 of the Health and Safety Code).
31 (b) (1) (A) (i) Before submitting an application for a
32 development subject to the streamlined, ministerial approval
33 process described in subdivision (c), the development proponent
34. shall submit to the local government a notice of its intent to submit
35 an application. The notice of intent shall be in the form of a
36 preliminary application that includes all of the information
37 described in Section 65941.1, as that section read on January 1,
38 2020.
39 (ii) Upon receipt of a notice of intent to submit an application
40 described in clause (i), the local government shall engage in a
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1 scoping consultation regarding the proposed development with
2 any California Native American tribe that is traditionally and
3 culturally affiliated with the geographic area, as described in
4 Section 21080.3.1 of the Public Resources Code, of the proposed
5 development.In order to expedite compliance with this subdivision,
6 the local government shall contact the Native American Heritage
7 Commission for assistance in identifying any California Native
8 American tribe that is traditionally and culturally affiliated with
9 the geographic area of the proposed development.
10 (iii) The timeline for noticing and commencing a scoping
11 consultation in accordance with this subdivision shall be as follows:
12 (I) The local government shall provide a formal notice of a
13 development proponent's notice of intent to submit an application
14 described in clause (i) to each California Native American tribe
15 that is traditionally and culturally affiliated with the geographic
16 area of the proposed development within 30 days of receiving that
17 notice of intent. The formal notice provided pursuant to this
18 subclause shall include all of the following:
19 (ia) A description of the proposed development.
20 (ib) The location of the proposed development.
21 (ic) An invitation to engage in a scoping consultation in
22 accordance with this subdivision.
23 (II) Each California Native American tribe that receives a formal
24 notice pursuant to this clause shall have 30 days from the receipt
25 of that notice to accept the invitation to engage in a scoping
26 consultation.
27 (III) If the local government receives a response accepting an
28 invitation to engage in a scoping consultation pursuant to this
29 subdivision, the local government shall commence the scoping
30 consultation within 30 days of receiving that response.
31 (B) The scoping consultation shall recognize that California
32 Native American tribes traditionally and culturally affiliated with
33 a geographic area have knowledge and expertise concerning the
34 resources at issue and shall take into account the cultural
35 significance of the resource to the culturally affiliated California
36 Native American tribe.
37 (C) The parties to a scoping consultation conducted pursuant
38 to this subdivision shall be the local government and any California
39 Native American tribe traditionally and culturally affiliated with
40 the geographic area of the proposed development. More than one
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1 California Native American tribe traditionally and culturally
2 affiliated with the geographic area of the proposed development
3 may participate in the scoping consultation. However, the local
4 government, upon the request of any California Native American
5 tribe traditionally and culturally affiliated with the geographic area
6 of the proposed development, shall engage in a separate scoping
7 consultation with that California Native American tribe. The
8 development proponent and its consultants may participate in a
9 scoping consultation process conducted pursuant to this subdivision
10 if all of the following conditions are met:
11 (i) The development proponent and its consultants agree to
12 respect the principles set forth in this subdivision.
13 (ii) The development proponent and its consultants engage in
14 the scoping consultation in good faith.
15 (iii) The California Native American tribe participating in the
16 scoping consultation approves the participation of the development
17 proponent and its consultants. The California Native American
18 tribe may rescind its approval at any time during the scoping
19 consultation,either for the duration of the scoping consultation or
20 with respect to any particular meeting or discussion held as part
21 of the scoping consultation.
22 (D) The participants to a scoping consultation pursuant to this
23 subdivision shall comply with all of the following confidentiality
24 requirements:
25 (i) Section 7927.000.
26 (ii) Section 7927.005.
27 (iii) Subdivision(c)of Section 21082.3 of the Public Resources
28 Code.
29 (iv) Subdivision (d) of Section 15120 of Title 14 of the
30 California Code of Regulations.
31 (v) Any additional confidentiality standards adopted by the
32 California Native American tribe participating in the scoping
33 consultation.
34 (E) The California Environmental Quality Act (Division 13
35 (commencing with Section 21000)of the Public Resources Code)
36 shall not apply to a scoping consultation conducted pursuant to
37 this subdivision.
38 (2) (A) If,after concluding the scoping consultation,the parties
39 find that no potential tribal cultural resource would be affected by
40 the proposed development,the development proponent may submit
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1 an application for the proposed development that is subject to the
2 streamlined,ministerial approval process described in subdivision
3 (c).
4 (B) If, after concluding the scoping consultation, the parties
5 find that a potential tribal cultural resource could be affected by
6 the proposed development and an enforceable agreement is
7 documented between the California Native American tribe and the
8 local government on methods,measures, and conditions for tribal
9 cultural resource treatment,the development proponent may submit
10 the application for a development subject to the streamlined,
11 ministerial approval process described in subdivision(c).The local
12 government shall ensure that the enforceable agreement is included
13 in the requirements and conditions for the proposed development.
14 (C) If, after concluding the scoping consultation, the parties
15 find that a potential tribal cultural resource could be affected by
16 the proposed development and an enforceable agreement is not
17 documented between the California Native American tribe and the
18 local government regarding methods, measures, and conditions
19 for tribal cultural resource treatment, the development shall not
20 be eligible for the streamlined, ministerial approval process
21 described in subdivision (c).
22 (D) For purposes of this paragraph,a scoping consultation shall
23 be deemed to be concluded if either of the following occur:
24 (i) The parties to the scoping consultation document an
25 enforceable agreement concerning methods, measures, and
26 conditions to avoid or address potential impacts to tribal cultural
27 resources that are or may be present.
28 (ii) One or more parties to the scoping consultation, acting in
29 good faith and after reasonable effort, conclude that a mutual
30 agreement on methods, measures, and conditions to avoid or
31 address impacts to tribal cultural resources that are or may be
32 present cannot be reached.
33 (E) If the development or environmental setting substantially
34 changes after the completion of the scoping consultation,the local
35 government shall notify the California Native American tribe of
36 the changes and engage in a subsequent scoping consultation if
37 requested by the California Native American tribe.
38 (3) A local government may only accept an application for
39 streamlined,ministerial approval pursuant to this section if one of
40 the following applies:
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1 (A) A California Native American tribe that received a formal
2 notice of the development proponent's notice of intent to submit
3 an application pursuant to subclause (I) of clause (iii) of
4 subparagraph(A) of paragraph(1) did not accept the invitation to
5 engage in a scoping consultation.
6 (B) The California Native American tribe accepted an invitation
7 to engage in a scoping consultation pursuant to subclause (II) of
8 clause(iii) of subparagraph(A) of paragraph(1)but substantially
9 failed to engage in the scoping consultation after repeated
10 documented attempts by the local government to engage the
11 California Native American tribe.
12 (C) The parties to a scoping consultation pursuant to this
13 subdivision find that no potential tribal cultural resource will be
14 affected by the proposed development pursuant to subparagraph
15 (A) of paragraph (2).
16 (D) A scoping consultation between a California Native
17 American tribe and the local government has occurred in
18 accordance with this subdivision and resulted in agreement
19 pursuant to subparagraph (B) of paragraph (2).
20 (4) A project shall not be eligible for the streamlined,ministerial
21 process described in subdivision(c)if any of the following apply:
22 (A) There is a tribal cultural resource that is on a national,state,
23 tribal,or local historic register list located on the site of the project.
24 (B) There is a potential tribal cultural resource that could be
25 affected by the proposed development and the parties to a scoping
26 consultation conducted pursuant to this subdivision do not
27 document an enforceable agreement on methods, measures, and
28 conditions for tribal cultural resource treatment, as described in
29 subparagraph (C) of paragraph (2).
30 (C) The parties to a scoping consultation conducted pursuant
31 to this subdivision do not agree as to whether a potential tribal
32 cultural resource will be affected by the proposed development.
33 (5) (A) If, after a scoping consultation conducted pursuant to
34 this subdivision, a project is not eligible for the streamlined,
35 ministerial process described in subdivision (c) for any or all of
36 the following reasons, the local government shall provide written
37 documentation of that fact, and an explanation of the reason for
38 which the project is not eligible, to the development proponent
39 and to any California Native American tribe that is a party to that
40 scoping consultation:
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1 (i) There is a tribal cultural resource that is on a national, state,
2 tribal,or local historic register list located on the site of the project,
3 as described in subparagraph(A) of paragraph (4).
4 (ii) The parties to the scoping consultation have not documented
5 an enforceable agreement on methods, measures, and conditions
6 for tribal cultural resource treatment,as described in subparagraph
7 (C) of paragraph (2) and subparagraph (B) of paragraph (4).
8 (iii) The parties to the scoping consultation do not agree as to
9 whether a potential tribal cultural resource will be affected by the
10 proposed development, as described in subparagraph (C) of
11 paragraph (4).
12 (B) The written documentation provided to a development
13 proponent pursuant to this paragraph shall include information on
14 how the development proponent may seek a conditional use permit
15 or other discretionary approval of the development from the local
16 government.
17 (6) This section is not intended, and shall not be construed, to
18 limit consultation and discussion between a local government and
19 a California Native American tribe pursuant to other applicable
20 law, confidentiality provisions under other applicable law, the
21 protection of religious exercise to the fullest extent permitted under
22 state and federal law,or the ability of a California Native American
23 tribe to submit information to the local government or participate
24 in any process of the local government.
25 (7) For purposes of this subdivision:
26 (A) "Consultation" means the meaningful and timely process
27 of seeking, discussing, and considering carefully the views of
28 others, in a manner that is cognizant of all parties' cultural values
29 and, where feasible, seeking agreement. Consultation between
30 local governments and Native American tribes shall be conducted
31 in a way that is mutually respectful of each party's sovereignty.
32 Consultation shall also recognize the tribes' potential needs for
33 confidentiality with respect to places that have traditional tribal
34 cultural importance. A lead agency shall consult the tribal
35 consultation best practices described in the "State of California
36 Tribal Consultation Guidelines: Supplement to the General Plan
37 Guidelines"prepared by the Office of Planning and Research.
38 (B) "Scoping"means the act of participating in early discussions
39 or investigations between the local government and California
40 Native American tribe, and the development proponent if
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1 authorized by the California Native American tribe,regarding the
2 potential effects a proposed development could have on a potential
3 tribal cultural resource, as defined in Section 21074 of the Public
4 Resources Code, or California Native American tribe, as defined
5 in Section 21073 of the Public Resources Code.
6 (8) This subdivision shall not apply to any project that has been
7 approved under the streamlined, ministerial approval process
8 provided under this section before the effective date of the act
9 adding this subdivision.
10 (c) (1) * Notwithstanding any local law, if a local government's
11 planning director or any cquivalcnt local government staff,
12. including all relevant planning and permitting departments,
13 equivalent position determines that a development submitted
14 pursuant to this section is consistent with the objective planning
15 standards specified in subdivision (a) and pursuant to paragraph
16 (3) of this subdivision,-it the local government shall approve the
17 development.Upon a determination that a development submitted
18 pursuant to this section is in conflict with any of the objective
19 planning . standards specified in subdivision (a), the local
20 government staff or relevant local planning and permitting
21 department that made the determination shall provide the
22 development proponent written documentation of which standard
23 or standards the development conflicts with, and an explanation
24 for the reason or reasons the development conflicts with that
25 standard or standards, as follows:
26 (A) Within 60 days of submittal of the development to the local
27 government pursuant to this section if the development contains
28 150 or fewer housing units.
29 (B) Within 90 days of submittal of the development to the local
30 government pursuant to this section if the development contains
31 more than 150 housing units.
32 (2) If the local government's planning director or any equivalent
33 local government staff equivalent position fails to provide the
34 required documentation pursuant to paragraph(1),the development
35 shall be deemed to satisfy the objective planning standards
36 specified in subdivision (a).
37 (3) For purposes of this section, a development is consistent
38 with the objective planning standards specified in subdivision (a)
39 if there is substantial evidence that would allow a reasonable person
40 to conclude that the development is consistent with the objective
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1 planning standards.The local government shall not determine that
2 a development, including an application for a modification under
3 subdivision (g), (h), is in conflict with the objective planning
4 standards on the basis that application materials are not included,
5 if the application contains substantial evidence that would allow
6 a reasonable person to conclude that the development is consistent
7 with the objective planning standards.
8 (4) For purposes of evaluating consistency with the objective
9 planning standards under this section, the local government shall
10
11 requiring presubmittal scope approval by the local government or
12 other studies or materials that arc unnecessary to ascertain
13 consistency with the objective planning standards.
14 (4) Upon submittal of an application for streamlined, ministerial
15 approval pursuant to this section to the local government, all
16 departments of the local government that are required to issue an
17 approval of the development prior to the granting of an entitlement
18 shall comply with the requirements of this section within the time
19 periods specified in paragraph(1).
20 (d) (1) Any design review of the development may be conducted
21 by the local government's planning commission or any equivalent
22 board or commission responsible for design review. That design
23 review shall be objective and be strictly focused on assessing
24 compliance with criteria required for streamlined projects,as well
25 as any reasonable objective design standards published and adopted
26 by ordinance or resolution by a local jurisdiction before submission
27 of a development application, and shall be broadly applicable to
28 development within the jurisdiction. That design review shall be
29 completed, and if the development is consistent with all objective
30 standards,the local government shall approve the development as
31 follows and shall not in any way inhibit, chill, or preclude the
32 ministerial approval provided by this section or its effect, as •
33 applicable:
34 (A) Within 90 days of submittal of the development to the local
35 government pursuant to this section if the development contains
36 150 or fewer housing units.
37 (B) Within 180 days of submittal of the development to the
38 local government pursuant to this section if the development
39 contains more than 150 housing units.
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1 (2) If the development is consistent with the requirements of
2 subparagraph (A) or (B) of paragraph (9) of subdivision (a) and
3 is consistent with all objective subdivision standards in the local
4 subdivision ordinance, an application for a subdivision pursuant
5 to the Subdivision Map Act(Division 2(commencing with Section
6 66410)) shall be exempt from the requirements of the California
7 Environmental Quality Act(Division 13(commencing with Section
8 21000) of the Public Resources Code) and shall be subject to the
9 public oversight timelines set forth in paragraph (1).
•
10 (3) If a local government determines that a development
11 submitted pursuant to this section is in conflict with any of the
12 standards imposed pursuant to paragraph (1), it shall provide the
13 development proponent written documentation of which objective
14 standard or standards the development conflicts with, and an
15 explanation for the reason or reasons the development conflicts
16 with that objective standard or standards consistent with the
17 timelines described in paragraph (1) of subdivision (c).
18 (e) (1) Notwithstanding any other law, a local government,
19 whether or not it has adopted an ordinance governing automobile
20 parking requirements in multifamily developments, shall not
21 impose automobile parking standards for a streamlined
22 development that was approved pursuant to this section in any of
23 the following instances:
24 (A) The development is located within one-half mile of public
25 transit.
26 (B) The development is located within an architecturally and
27 historically significant historic district.
28 (C) When on-street parking permits are required but not offered
29 to the occupants of the development.
30 (D) When there is a car share vehicle located within one block
31 of the development.
32 (2) If the development does not fall within any of the categories
33 described in paragraph(1),the local government shall not impose
34 automobile parking requirements for streamlined developments
35 approved pursuant to this section that exceed one parking space
36 per unit.
37 (f) Notwithstanding any law, a local government shall not
38 require any of the following prior to approving a development that
39 meets the requirements of this section:
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1 (1) Studies, information, or other materials that do not pertain
2 directly to determining whether the development is consistent with
3 the objective planning standards applicable to the development.
4 (2) (A) Compliance with any standards necessary to receive a
5 postentitlement permit.
6 (B) This paragraph does not prohibit a local agency from
7 requiring compliance with any standards necessary to receive a
8 postentitlement permit after a permit has been issued pursuant to
9 this section.
10 (C) For purposes of this paragraph, "postentitlement permit"
11 has the same meaning as provided in subparagraph (A) of
12 paragraph (3) of subdivision (j) of Section 65913.3.
13 {#�
14 (g) (1) If a local government approves a development pursuant
15 to this section, then,notwithstanding any other law, that approval
16 shall not expire if the project satisfies both of the following
17 requirements:
18 (A) The project includes public investment in housing
19 affordability,beyond tax credits.
20 (B) At least 50 percent of the units are affordable to households
21 making at or below 80 percent of the area median income.
22 (2) (A) If a local government approves a development pursuant
23 to this section, and the project does not satisfy the requirements
24 of subparagraphs(A)and(B)of paragraph(1),that approval shall
25 remain valid for three years from the date of the final action
26 establishing that approval, or if litigation is filed challenging that
27 approval, from the date of the final judgment upholding that
28 approval. Approval shall remain valid for a project provided
29 construction activity, including demolition and grading activity,
30 on the development site has begun pursuant to a permit issued by
31 the local jurisdiction and is in progress. For purposes of this
32 subdivision, "in progress" means one of the following:
33 (i) The construction has begun and has not ceased for more than
34 180 days.
35 (ii) If the development requires multiple building permits, an
36 initial phase has been completed, and the project proponent has
37 applied for and is diligently pursuing a building permit for. a
38 subsequent phase, provided that once it has been issued, the
39 building permit for the subsequent phase does not lapse.
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1 (B) Notwithstanding subparagraph(A),a local government may
2 grant a project a one-time, one-year extension if the project
3 proponent can provide documentation that there has been
4 significant progress toward getting the development construction
5 ready, such as filing a building permit application.
6 (3) If the development proponent requests a modification
7 pursuant to subdivision-(g) (h), then the time during which the
8 approval shall remain valid shall be extended for the number of
9 days between the submittal of a modification request and the date
10 of its final approval, plus an additional 180 days to allow time to
11 obtain a building permit. If litigation is filed relating to the
12 modification request,the time shall be further extended during the
13 pendency of the litigation.The extension required by this paragraph
14 shall only apply to the first request for a modification submitted
15 by the development proponent.
16 (4) The amendments made to this subdivision by the act that
17 added this paragraph shall also be retroactively applied to
18 developments approved prior to January 1, 2022.
19 (g)
20 (h) (1) (A) A development proponent may request a
21 modification to a development that has been approved under the
22 streamlined,ministerial approval process provided in subdivision
23 (c) if that request is submitted to the local government before the
24 issuance of the final building permit required for construction of
25 the development.
26 (B) Except as provided in paragraph (3), the local government
27 shall approve a modification if it determines that the modification
28 is consistent with the objective planning standards specified in
29 subdivision (a) that were in effect when the original development
30 application was first submitted.
31 (C) The local government shall evaluate any modifications
32 requested pursuant to this subdivision for consistency with the
33 objective planning standards using the same assumptions and
34 analytical methodology that the local government originally used
35 to assess consistency for the development that was approved for
36 streamlined, ministerial approval pursuant to subdivision (c).
37 (D) A guideline that was adopted or amended by the department
38 pursuant to subdivision(m)(n)after a development was approved
39 through the streamlined,ministerial approval process described in
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1 subdivision (c) shall not be used as a basis to deny proposed
2 modifications.
3 (2) Upon receipt of the development proponent's application
4 requesting a modification, the local government shall determine
5 if the requested modification is consistent with the objective
6 planning standard and either approve or deny the modification
7 request within 60 days after submission of the modification, or
8 within 90 days if design review is required.
9 (3) Notwithstanding paragraph (1), the local government may
10 apply objective planning standards adopted after the development
11 application was first submitted to the requested modification in
12 any of the following instances:
13 (A) The development is revised such that the total number of
14 residential units or total square footage of construction changes
15 by 15 percent or more. The calculation of the square footage of
16 construction changes shall not include underground space.
17 (B) The development is revised such that the total number of
18 residential units or total square footage of construction changes
19 by 5 percent or more and it is necessary to subject the development
20 to an objective standard beyond those in effect when the
21 development application was submitted in order to mitigate or
22 avoid a specific, adverse impact, as that term is defined in
23 subparagraph (A) of paragraph (1) of subdivision (j) of Section
24 65589.5, upon the public health or safety and there is no feasible
25 alternative method to satisfactorily mitigate or avoid the adverse
26 impact. The calculation of the square footage of construction
27 changes shall not include underground space.
28 (C) (i) Objective building standards contained in the California
29 Building Standards Code (Title 24 of the California Code of
30 Regulations), including, but not limited to, building plumbing,
31 electrical, fire, and grading codes, may be applied to all
32 modification applications that are submitted prior to the first
33 building permit application. Those standards may be applied to
34 modification applications submitted after the first building permit
35 application if agreed to by the development proponent.
36 (ii) The amendments made to clause (i) by the act that added
37 clause (i) shall also be retroactively applied to modification
38 applications submitted prior to January 1, 2022.
39 (4) The local government's review of a modification request
40 pursuant to this subdivision shall be strictly limited to determining
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1 whether the modification,including any modification to previously
2 approved density bonus concessions or waivers, modify the
3 development's consistency with the objective planning standards
4 and shall not reconsider prior determinations that are not affected
5 by the modification.
6 (h
7 (i) (1) A local government shall not adopt or impose any
8 requirement, including, but not limited to, increased fees or
9 inclusionary housing requirements,that applies to a project solely
10 or partially on the basis that the project is eligible to receive
11 ministerial or streamlined approval pursuant to this section.
12 (2) (A) A local government shall issue a subsequent permit
13 required for a development approved under this section if the
14 application substantially complies with the development as it was
15 approved pursuant to subdivision (c). Upon receipt of an
16 application for a subsequent permit, the local government shall
17 process the permit without unreasonable delay and shall not impose
18 any procedure or requirement that is not imposed on projects that
19 are not approved pursuant to this section. The local government
20 shall consider the application for subsequent permits based upon
21 the objective standards specified in any state or local laws that
22 were in effect when the original development application was
23 submitted, unless the development proponent agrees to a change
24 in objective standards. Issuance of subsequent permits shall
25 implement the approved development, and review of the permit
26 application shall not inhibit, chill, or preclude the development.
27 For purposes of this paragraph, a "subsequent permit" means a
28 permit required subsequent to receiving approval under subdivision
29 (c), and includes, but is not limited to, demolition, grading,
30 encroachment, and building permits and final maps, if necessary.
31 (B) The amendments made to subparagraph(A)by the act that
32 added this subparagraph shall also be retroactively applied to
33 subsequent permit applications submitted prior to January 1,2022.
34 (3) (A) If a public improvement is necessary to implement a
35 development that is subject to the streamlined,ministerial approval
36 pursuant to this section, including, but not limited to, a bicycle
37 lane, sidewalk or walkway, public transit stop, driveway, street
38 paving or overlay,a curb or gutter,a modified intersection,a street
39 sign or street light, landscape or hardscape, an above-ground or
40 underground utility connection, a water line, fire hydrant, storm
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269
—31— SB 423
1 or sanitary sewer connection,retaining wall,and any related work,
2 and that public improvement is located on land owned by the local
3 government, to the extent that the public improvement requires
4 approval from the local government, the local government shall
5 not exercise its discretion over any approval relating to the public
6 improvement in a manner that would inhibit,chill,or preclude the
7 development.
8 (B) If an application for a public improvement described in
9 subparagraph (A) is submitted to a local government, the local
10 government shall do all of the following:
11 (i) Consider the application based upon any objective standards
12 specified in any state or local laws that were in effect when the
13 original development application was submitted.
14 (ii) Conduct its review and approval in the same manner as it
15 would evaluate the public improvement if required by a project
16 that is not eligible to receive ministerial or streamlined approval
17 pursuant to this section.
18 (C) If an application for a public improvement described in
19 subparagraph (A) is submitted to a local government, the local
20 government shall not do either of the following:
21 (i) Adopt or impose any requirement that applies to a project
22 solely or partially on the basis that the project is eligible to receive
23 ministerial or streamlined approval pursuant to this section.
24 (ii) Unreasonably delay in its consideration,review,or approval
25 of the application.
26
27 (j) (1) This section shall not affect a development proponent's
28 ability to use any alternative streamlined by right permit processing
29 adopted by a local government, including the provisions of
30 subdivision (i) of Section 65583.2.
31 (2) This section shall not prevent a development from also
32 qualifying as a housing development project entitled to the
33 protections of Section 65589.5.This paragraph does not constitute
34 a change in, but is declaratory of, existing law.
35
36 (k) The California Environmental Quality Act (Division 13
37 (commencing with Section 21000)of the Public Resources Code)
38 does not apply to actions taken by a state agency,local government,
39 or the San Francisco Bay Area Rapid Transit District to:
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SB 423 —32—
1 (1) Lease, convey, or encumber land owned by the local
2 government or the San Francisco Bay Area Rapid Transit District
3 or to facilitate the lease, conveyance, or encumbrance of land
4 owned by the local government, or for the lease of land owned by
5 the San Francisco Bay Area Rapid Transit District in association
6 with an eligible TOD project, as defined pursuant to Section
7 29010.1 of the Public Utilities Code, nor to any decisions
8 associated with that lease, or to provide financial assistance to a
9 development that receives streamlined approval pursuant to this
10 section that is to be used for housing for persons and families of
11 very low, low, or moderate income, as defined in Section 50093
12 of the Health and Safety Code.
13 (2) Approve improvements located on land owned by the local
14 government or the San Francisco Bay Area Rapid Transit District
15 that are necessary to implement a development that receives
16 streamlined approval pursuant to this section that is to be used for
17 housing for persons and families of very low, low, or moderate
18 income,as defined in Section 50093 of the Health and Safety Code.
19 {JO
20 (l) For purposes of establishing the total number of units in a
21 development under this chapter, a development or development
22 project includes both of the following:
23 (1) All projects developed on a site, regardless of when those
24 developments occur.
25 (2) All projects developed on sites adjacent to a site developed
26 pursuant to this chapter if, after January 1, 2023, the adjacent site
27 had been subdivided from the site developed pursuant to this
28 chapter.
29 (4)
30 (m) For purposes of this section, the following terms have the
31 following meanings:
32 (1) "Affordable housing cost"has the same meaning as set forth
33 in Section 50052.5 of the Health and Safety Code.
34 (2) (A) Subject to the qualification provided by subparagraphs
35 (B) and (C), "affordable rent" has the same meaning as set forth
36 in Section 50053 of the Health and Safety Code.
37 (B) For a development for which an application pursuant to this
38 section was submitted prior to January 1, 2019, that includes 500
39 units or more of housing,and that dedicates 50 percent of the total
40 number of units,before calculating any density bonus,to housing
98
271
-33— SB 423
1 affordable to households making at, or below, 80 percent of the
2 area median income,affordable rent for at least 30 percent of these
3 units shall be set at an affordable rent as defined in subparagraph
4 (A) and "affordable rent" for the remainder of these units shall
5 mean a rent that is consistent with the maximum rent levels for a
6 housing development that receives an allocation of state or federal
7 low-income housing tax credits from the California Tax Credit
8 Allocation Committee.
9 (C) For a development that dedicates 100 percent of units,
10 exclusive of a manager's unit or units,to lower income households,
11 "affordable rent" shall mean a rent that is consistent with the
12 maximum rent levels stipulated by the public program providing
13 financing for the development.
14 (3) "Department" means the Department of Housing and
15 Community Development.
16 (4) "Development proponent"means the developer who submits
17 a housing development project application to a local government
18 under the streamlined, ministerial review process pursuant to this
19 section.
20 (5) "Completed entitlements" means a housing development
21 that has received all the required land use approvals or entitlements
22 necessary for the issuance of a building permit.
23 (6) "Health care expenditures" include contributions under
24 Section 401(a), 501(c), or 501(d) of the Internal Revenue Code
25 and payments toward "medical care," as defined in Section
26 213(d)(1) of the Internal Revenue Code.
27 (7) "Housing development project"has the same meaning as in
28 Section 65589.5.
29 (8) "Locality" or"local government" means a city, including a
30 charter city, a county, including a charter county, or a city and
31 county, including a charter city and county.
32 (9) "Moderate-income housing units"means housing units with
33 an affordable housing cost or affordable rent for persons and
34 families of moderate income, as that term is defined in Section
35 50093 of the Health and Safety Code.
36 (10) "Objective planning standards"shall not include standards
37 in the.California Building Standards Code (Title 24 of the
38 California Codc of Regulations), local building codes, fire codes,
39 noise ordinances, other codes requiring detailed technical
40 specifications, studies that arc evaluated with subsequent permits,
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SS 423 —34—
1 or other standards that arc not reasonably ascertainable by the local
2 government within the time limits set forth in subdivisions(c)and
3 (d). Excluded objective planning standards include, but arc not
4 limited to, construction logistics plans,plumbing plans, electrical
5 plans, grading, excavation plans, gcotechnical studies, and offsite
6 public improvement plans.
7 (11)
8 (10) "Production report" means the information reported
9 pursuant to subparagraph (H) of paragraph (2) of subdivision (a)
10 of Section 65400.
11 (12)
12 (11) "State agency" includes every state office, officer,
13 department,division,bureau,:board,and commission,but does not
14 include the California State University or the University of
15 California.
16 (13)
17 (12) "Reporting period"means either of the following:
18 (A) The first half of the regional housing needs assessment •
19 cycle.
20 (B) The last half of the regional housing needs assessment cycle.
21 (14)
22 (13) "Urban uses" means any current or former residential,
23 commercial,public institutional,transit or transportation passenger
24 facility, or retail use, or any combination of those uses.
25 (m)
26 (n) The department may review, adopt, amend, and repeal
27 guidelines to implement uniform standards or criteria that
28 supplement or clarify the terms,references, or standards set forth
29 in this section. Any guidelines or terms adopted pursuant to this
30 subdivision shall not be subject to Chapter 3.5 (commencing with
31 Section 11340)of Part 1 of Division 3 of Title 2 of the Government
32 Code.
33 (-n
34 (o) The determination of whether an application for a
35 development is subject to the streamlined ministerial approval
36 process provided by subdivision (c) is not a "project" as defined
37 in Section 21065 of the Public Resources Code.
38 (o)
39 (p) Notwithstanding any law, for purposes of this section and
40 for development on property owned by or leased to the state, the
98
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—35— SB 423
1 Department of General Services may act in the place of a locality
2 or local government, at the discretion of the department.
3 fp)
4 (q) The provisions of clause (iii) of subparagraph (E) of
5 paragraph(8)of subdivision(a)relating to health care expenditures
6 are distinct and severable from the remaining provisions of this
7 section. However, the remaining portions of paragraph (8) of
8 subdivision (a) are a material and integral part of this section and
9 are not severable. If any provision or application of paragraph (8)
10 of subdivision (a) is held invalid, this entire section shall be null
11 and void.
12 (q)
13 (r) It is the policy of the state that this section be interpreted
14 and implemented in a manner to afford the fullest possible weight
15 to the interest of, and the approval and provision of, increased
16 housing supply.
17 SEC.3. The Legislature finds and declares that ensuring access
18 to affordable housing is a matter of statewide concern and is not
19 a municipal affair as that term is used in Section 5 of Article XI
20 of the California Constitution. Therefore, Section 2 of this act
21 amending Section 65913.4 of the Government Code applies to all
22 cities, including charter cities.
23 SEC. 4. No reimbursement is required by this act pursuant to
24 Section 6 of Article XIIIB of the California Constitution because
25 a local agency or school district has the authority to levy service
26 charges, fees, or assessments sufficient to pay for the program or
27 level of service mandated by this act or because costs that may be
28 incurred by a local agency or school district will be incurred
29 because this act creates a new crime or infraction, eliminates a
30 crime or infraction,or changes the penalty for a crime or infraction,
31 within the meaning of Section 17556 of the Government Code,or
32 changes the definition of a crime within the meaning of Section 6
33 of Article XIII B of the California Constitution.
0
98
274
CITY OF HUNTINGTON BEACH
2000 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA 92648-2702
9 r=
"`'°UAI-Fit>, TONY STRICKLAND
MAYOR
May 3, 2023
The Honorable Scott Wiener
1021 0 Street, Suite 8620
Sacramento, CA
95814-4900
RE: SB 423 (Wiener) Streamlined housing approvals: multifamily housing
developments: SB 35 (Chapter 366, Statutes of 2017) Expansion.
Dear Senator Wiener:
The City of Huntington Beach writes to express our OPPOSITION to SB 423, which
would greatly expand SB 35 (Chapter 366, Statutes of 2017) provisions and eliminate
the January 1, 2026 sunset date.
On any given day, newspaper headlines in California and across the nation are
highlighting the State's growing housing supply and affordability crisis. Seven in ten
Californians view housing affordability as one of the top problems in their community,
and there is growing concern from residents that housing prices are so expensive,
younger generations will be priced out of ever being able to buy a home.
The City of Huntington Beach intimately understands this crisis as it plays out in our
community every day. Local leaders are working to find creative solutions so homes of
all income levels can be built, while navigating the state's annual barrage of
overreaching housing bills that have thus far demonstrated limited success.
SB 423 is the latest overreaching bill. This measure would double-down on the recent
trend of the State overriding its own mandated local housing plans by forcing cities to
approve certain housing projects without regard to the quality of the project for its future
residents or the needs of the community, opportunities for environmental review, or
public input. While it may be frustrating and less profitable for some developers to
provide open space, safe fire access, parking and address neighborhood concerns
about traffic, air quality, infrastructure capacity and other development impacts, those
directly affected by such projects have a right to be heard. Public engagement also
often leads to better projects. Not having such outlets will increase public distrust in
government and result in additional ballot measures limiting housing development.
Instead of continuing to pursue top-down, one-size-fits-all legislation, lawmakers should
collaborate with local officials. That is why the League of California Cities is calling on
the Governor and lawmakers to include a $3 billion annual investment in the state
Fax 714.536.5233 Page 1 of 2 Office:714.536.5553
275
budget to help cities prevent and reduce homelessness and spur housing development.
Targeted, ongoing funding is the only way cities can find community-based solutions
that get our residents off the streets and keep them in their homes. California will never
produce the number of homes needed with an increasingly state driven, by-right
housing approval process. What is really needed is a sustainable state investment that
matches the scale of this long-term crisis.
For these reasons, the City of Huntington Beach respectfully opposes SB 423.
Sincerely,
Tony Strickland
Mayor
City of Huntington Beach
Cc: Senator Janet Nguyen
Senator Dave Min
Assembly Member Diane Dixon
ACC-OC Board of Directors (via email)
Bismarck Obando, Director of Public Affairs (bismarck@calcities.org)
League of California Cities (cityletters@calcities.org)
Fax 714.536.5233 Page 2 of 2 Office: 714.536.5575
276
SENATE BILL No. 252
Introduced by Senators Gonzalez,Stern,and Wiener
January 30, 2023
An act to amend Section 16642 of, and to add Section 7513.76 to,
the Government Code, relating to public retirement systems.
LEGISLATIVE COUNSEL'S DIGEST
SB 252, as introduced, Gonzalez. Public retirement systems: fossil
fuels: divestment.
The California Constitution grants the retirement board of a public
employee retirement system plenary authority and fiduciary
responsibility for investment of moneys and administration of the
retirement fund and system. These provisions qualify this grant of
powers by reserving to the Legislature the authority to prohibit
investments if it is in the public interest and the prohibition satisfies
standards of fiduciary care and loyalty required of a retirement board.
Existing law prohibits the boards of the Public Employees'Retirement
System and the State Teachers' Retirement System from making new
investments or renewing existing investments of public employee
retirement funds in a thermal coal company, as defined. Existing law
requires the boards to liquidate investments in thermal coal companies
on or before July 1, 2017, and requires the boards, in making a
determination to liquidate investments, to constructively engage with
thermal coal companies to establish whether the companies are
transitioning their business models to adapt to clean energy generation.
Existing law provides that it does not require a board to take any action
unless the board determines in good faith that the action is consistent
with the board's fiduciary responsibilities established in the California
Constitution.
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SB 252 —2—
This bill would prohibit the boards of the Public Employees'
Retirement System and the State Teachers' Retirement System from
making new investments or renewing existing investments of public
employee retirement funds in a fossil fuel company, as defined. The
bill would require the boards to liquidate investments in a fossil fuel
company on or before July 1,2030.The bill would temporarily suspend
the above-described liquidation provision upon a good faith
determination by the board that certain conditions materially impact
normal market mechanisms for pricing assets, as specified, and would
make this suspension provision inoperative on January 1, 2035. The
bill would provide that it does not require a board to take any action
unless the board determines in good faith that the action is consistent
with the board's fiduciary responsibilities established in the California
Constitution.
This bill would require the boards, commencing February 1, 2025,
and annually thereafter, to file a report with the Legislature and the
Governor, containing specified information, including a list of fossil
fuel companies of which the board has liquidated their investments.
The bill would provide that board members and other officers and
employees shall be held harmless and be eligible for indemnification
in connection with actions taken pursuant to the bill's requirements, as
specified.
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. Section 7513.76 is added to the Government
2 Code, to read:
3 7513.76. (a) The Legislature finds and declares all of the
4 following:
5 (1) The combustion of coal,oil,and natural gas,known as fossil
6 fuels, is the single largest contributor to global climate change.
7 (2) Climate change affects all parts of the California economy
8 and environment, and the Legislature has adopted numerous laws
9 to mitigate greenhouse gas emissions and to adapt to a changing
10 climate.
11 (3) Fossil fuel companies' plans to expand production, public
12 relations campaigns, and efforts to obstruct climate stabilization
99
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278
-3— SB 252
1 policies are incompatible with California's climate goals, and our
2 obligation to current and future generations.
3 (4) The production of fossil fuels and the effects of climate
4 change resulting from the use of fossil fuels all lead to
5 disproportionate adverse impacts on low-income communities and
6 communities of color.
7 (5) A transition away from fossil fuels to clean energy will
8 create greater employment, support the economy, and improve
9 public health.
10 (6) The purpose of this section is to require the Public
11 Employees'Retirement System and the State Teachers'Retirement
12 System, consistent with, and not in violation of, their fiduciary
13 responsibilities, to divest their holdings of fossil fuel company
14 investments as one part of the state's broader efforts to decarbonize
15 the California economy and to transition to clean, pollution-free
16 energy resources.
17 (b) As used in this section, the following definitions apply:
18 (1) "Board" means the Board of Administration of the Public
19 Employees'Retirement System or the Teachers'Retirement Board
20 of the State Teachers'Retirement System, as applicable.
21 (2) "Company" means a sole proprietorship, organization,
22 association, corporation, partnership, venture, or other entity, or
23 its subsidiary or affiliate, that exists for profitmaking purposes or
24 to otherwise secure economic advantage.
25 (3) "Investment"means the purchase, ownership, or control of
26 publicly issued stock, corporate bonds, or other debt instruments
27 issued by a company. "Investments" also includes purchase,
28 ownership,or control of mutual funds and exchange-traded funds,
29 unless the board is satisfied on reasonable grounds that a mutual
30 fund or exchange-traded fund is unlikely to have in excess of 2
31 percent of its assets, averaged annually, directly or indirectly
32 invested in fossil fuel companies.
33 (4) "Public employee retirement funds" means the Public
34 Employees' Retirement Fund described in Section 20062 of this
35 code, and the Teachers' Retirement Fund described in Section
36 22167 of the Education Code.
37 (5) "Fossil fuel"means petroleum oil,natural gas, and thermal
38 coal.Thermal coal is coal used to generate electricity, such as that
39 which is burned to create steam to run turbines.Thermal coal does
40 not mean metallurgical coal or coking coal used to produce steel.
99
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SB 252 —4—
1 (6) "Fossil fuel company"means one of the 200 largest publicly
2 traded fossil fuel companies, as established by carbon content in
3 the companies'proven oil, gas, and coal reserves.
4 (c) The board shall not make additional or new investments or
5 renew existing investments of public employee retirement funds
6 in a fossil fuel company.
7 (d) (1) The board shall liquidate investments in a fossil fuel
8 company on or before July 1, 2030.
9 (2) Notwithstanding paragraph (1), this subdivision shall be
10 suspended upon a good faith determination by the board that an
11 act of God, war, or other unforeseeable event creates conditions
12 that materially impact normal market mechanisms for pricing assets
13 and shall only be reinstated upon a subsequent good faith finding
14 of the board that market conditions have substantially returned to
15 normal ex-ante. Upon such a finding, the board shall have six
16 months to liquidate any remaining investments in a fossil fuel
17 company.
18 (3) Paragraph (2) shall remain in effect only until January 1,
19 2035, and as of that date is inoperative.
20 (e) (1) Commencing February 1, 2025, and annually on
21 February 1 thereafter,the board shall create a report that includes
22 the following:
23 (A) A list of fossil fuel companies of which the board has
24 liquidated its investments pursuant to subdivision(d).
25 (B) A list of fossil fuel companies with which the board still
26 has not liquidated its investments.
27 (C) A list of fossil fuel companies of which the board has not
28 liquidated its investments as a result of a determination made
29 pursuant to subdivision(f)that a sale or transfer of investments is
30 inconsistent with the fiduciary responsibilities of the board as
31' described in Section 17 of Article XVI of the California
32 Constitution and the board's findings adopted in support of that
33 determination.
34 (D) An analysis of methods and opportunities to rapidly and
35 effectively reduce dependence on fossil fuels and transition to
36 alternative energy sources in a realistic timeframe that avoids
37 negatively contributing to economic conditions particularly
38 damaging to public employee retirement funds and to overall net
39 employment earnings of the state's workforce.
99
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-5— SB 252
1 (2) The board shall submit the report to the Legislature, in
2 compliance with Section 9795,and to the Governor,and shall post
3 the report on the board's internet website.
4 (f) Nothing in this section shall require a board to take action
5 as described in this section unless the board determines in good
6 faith that the action described in this section is consistent with the
7 fiduciary responsibilities of the board described in Section 17 of
8 Article XVI of the California Constitution.
9 SEC. 2. Section 16642 of the Government Code, as amended
10 by Section 3 of Chapter 459 of the Statutes of 2019, is amended
11 to read:
12 16642. (a) Present, future, and former board members of the
13 Public Employees' Retirement System or the State Teachers'
14 Retirement System, jointly and individually, state officers and
15 employees,research firms described in subdivision(d)of Section
16 7513.6, and investment managers under contract with the Public
17 Employees'Retirement System or the State Teachers'Retirement
18 System shall be indemnified from the General Fund and held
19 harmless by the State of California from all claims,demands,suits,
20 actions, damages, judgments, costs, charges, and expenses,
21 including court costs and attorney's fees, and against all liability,
22 losses, and damages of any nature whatsoever that these present,
23 future, or former board members, officers, employees, research
24 firms as described in subdivision(d)of Section 7513.6,or contract
• 25 investment managers shall or may at any time sustain by reason
26 of any decision to restrict, reduce, or eliminate investments
27 pursuant to Sections 7513.6, 7513.7, 7513.74, and 7513.75.
28 7513.75, and 7513.76.
29 (b) This section shall remain in effect only until Section 7513.74
30 is repealed, and as of that date is repealed.
31 SEC. 3. Section 16642 of the Government Code, as added by
32 Section 4 of Chapter 459 of the Statutes of 2019, is amended to
33 read:
34 16642. (a) Present, future, and former board members of the
35 Public Employees' Retirement System or the State Teachers'
36 Retirement System, jointly and individually, state officers and
37 employees,research firms described in subdivision(d)of Section
38 7513.6, and investment managers under contract with the Public
39 Employees'Retirement System or the State Teachers'Retirement
40 System shall be indemnified from the General Fund and held
99
•
281
SB 252 —6—
1 harmless by the State of California from all claims,demands,suits,
2 actions, damages, judgments, costs, charges, and expenses,
3 including court costs and attorney's fees, and against all liability,
4 losses, and damages of any nature whatsoever that these present,
5 future, or former board members, officers, employees, research
6 firms as described in subdivision(d)of Section 7513.6,or contract
7 investment managers shall or may at any time sustain by reason
8 of any decision to restrict, reduce, or eliminate investments
9 pursuant to Sections 7513.6, 7513.7, and 7513.75. 7513.75, and
10 7513.76.
11 (b) This section shall become operative upon the repeal of
12 Section 7513.74.
0
99
282
' ‘2,\`NCT°"'' CITY OF HUNTINGTON BEACH
~' " 9= 2000 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA 92648-2702
TONY STRICKLAND
MAYOR
May 3, 2023
The Honorable Lena Gonzalez California State Senate
33rd District 1021 0 Street, Suite 7720
Sacramento, CA 95814
RE: OPPOSE SB 252 (Gonzalez)—Public retirement systems: fossil fuels: divestment
Dear Senator Gonzalez,
On behalf of public employees and teachers, as well as state taxpayers, the ACC-OC Board of
Directors voted to oppose SB 252. As introduced, this bill would prohibit the California Public
Employees' Retirement System (CaIPERS) and the State Teachers' Retirement System (STRS)
from making new investments or renewing existing investments of public employee retirement funds
in fossil fuel companies. SB 252 would further require the boards to liquidate investments in a fossil
fuel company on or before July 1, 2030. Lastly, the bill would require a report to the Legislature and
the Governor beginning in 2025 to provide information on fossil fuel companies where the board has
liquidated their investments.
It is important that CaIPERS has the flexibility needed to exercise their fiduciary duties on behalf of
public agencies and public employees in California. By limiting their ability to invest in specific
industries to achieve other policy goals, the resulting lower returns for these retirement systems
destabilizes those systems and requires a further infusion of tax dollars to make up the difference.
Rather than destabilize state retirement systems serving public employees, the State Legislature
should work with industries of concern to achieve meaningful changes that benefit all Californians.
Should you have any questions about ACC-OC's position on SB 252, please contact Alisa
Backstrom, City Treasurer, at 714-536-5299 or at Alisa.Backstrom@surfcity-hb.org.
Sincerely,
Tony Strickland
Mayor
City of Huntington Beach
CC: Senator Janet Nguyen
Senator Dave Min
Assembly Member Diane Dixon
Assembly Member Tri Ta
ACC-OC Board of Directors (via email)
Bismarck Obando, Director of Public Affairs (bismarck@calcities.org)
League of California Cities (cityletters@calcities.org)
Fax 714.536.5233 Page 1 of 1 Office: 714.536.5553
283
Mr. Amory Hanson
8102 Ellis Avenue
Apartment 121
Huntington Beach CA 92646
May 2,2023
The Mayor of Huntington Beach
2000 Main Street
Huntington Beach CA 92648
My Dear Mister Mayor,
I am writing to urge the city council to recommit Item XVIIIC to the intergovernmental relations
committee and take a watch position on AB 1035.
Our mobile home residents are facing a crisis,and need help in some way. I personally would
prefer a local solution,but AB 1035 is a solution that should remain of interest,particularly
given that Council Beach's charter limits the solutions available to the Huntington Beach City
council.
In addition,this law is now unlikely to be considered until 2024, due to some recent
developments. By that time,a local solution other then rent stabilization may have developed and
if not, it is quite possible preparations will be beginning for an initiative for a charter
amendment,making AB 1035's purpose moot for Huntingtonians.
I am also concerned that by the Huntington Beach City council voting to oppose AB 1035, it
could potentially be seen as a charter violation, since the Huntington Beach Cty Council would
be addressing rent stabilization.
SUPPLEMENTAL
Thank you for considering my thoughts on Item XVIIIC COMMUNICATION
Meeting Date: 5/4 093 _ . �.
Agenda Item No.: I$ (2,3' � �
Mr. Amory Hanson
8102 Ellis Avenue
Apartment 121
Huntington Beach CA 92646
Sincerely Yours,
Mr.Amory Hanson
CC: The Honorable Grace Vandermark
CC:The Honorable Rhonda Bolton
CC: The Honorable Patrick Burns
CC: The Honorable Daniel Kalmick
CC: The Honorable Casey McKeon
CC: The Honorable Natalie Moser
Mr.Amory Hanson
8102 Ellis Avenue
Apartment 121
Huntington Beach CA 92646
May 2, 2023
The Mayor of Huntington Beach
2000 Main Street
Huntington Beach CA 92648
My Dear Mister Mayor,
I am writing to express my support for Item XVIIID •
Sincerely Yours,
Mr.Amory Hanson
CC: The Honorable Grace Vandermark
CC:The Honorable Rhonda Bolton
CC: The Honorable Patrick Burns
CC: The Honorable Daniel Kalmick
CC: The Honorable Casey McKeon
CC: The Honorable Natalie Moser
SUPPLEMENTAL
COMMUNICATION
1Aaeting Date: 3/9-bon
Agenda Item No.; 1 Fr(23 -3 8l-)
Mr.Amory Hanson
8102 Ellis Avenue
Apartment 121
Huntington Beach CA 92646
May 2,2023
The Mayor of Huntington Beach
2000 Main Street
Huntington Beach CA 92648
My Dear Mister Mayor,
I am writing to express my support for Item XVIIIE.
Sincerely Yours,
Mr. Amory Hanson
CC: The Honorable Grace Vandermark
CC:The Honorable Rhonda Bolton
CC:The Honorable Patrick Burns
CC: The Honorable Daniel Kalmick
CC: The Honorable Casey McKeon
CC: The Honorable Natalie Moser
SUPPLEMENTAL
COMMUNICATION
Meeting Date: 1(9.
Agenda Item NO.; t (a5 3')
Mr.Amory Hanson
8102 Ellis Avenue
Apartment 121
Huntington Beach CA 92646
May 2, 2023
The Mayor of Huntington Beach
2000 Main Street
Huntington Beach CA 92648
My Dear Mister Mayor,
I am writing to express my support for Item XVIIIF.
Sincerely Yours,
Mr. Amory Hanson
CC: The Honorable Grace Vandermark
CC:The Honorable Rhonda Bolton
CC: The Honorable Patrick Burns
CC: The Honorable Daniel Kalmick
CC: The Honorable Casey McKeon
CC: The Honorable Natalie Moser
SUPPLEMENTAL
COMMUNICATION
+4AAting Date: c/a aaa'�
Agenda Item No.; I$ (d3"3W)
Mr.Amory Hanson
8102 Ellis Avenue
Apartment 121
Huntington Beach CA 92646
May 2,2023
The Mayor of Huntington Beach
2000 Main Street
Huntington Beach CA 92648
My Dear Mister Mayor,
I am writing to express my support for Item XVIIIG.
Sincerely Yours,
Mr.Amory Hanson
CC: The Honorable Grace Vandermark
CC:The Honorable Rhonda Bolton
CC: The Honorable Patrick Burns
CC: The Honorable Daniel Kalmick
CC: The Honorable Casey McKeon
CC: The Honorable Natalie Moser
SUPPLEMENTAL
COMMUNICATION
meeting Des: 44/ 23
Agenda Item No.•
Moore, Tania
From: Fikes, Cathy
Sent: Tuesday, May 2, 2023 9:21 AM
To: Agenda Alerts
Subject: FW:AB 1035
From: Kathy Crafton<dkcrafton@twc.com>
Sent: Monday, May 1, 2023 4:52 PM
To: CITY COUNCIL<city.council@surfcity-hb.org>
Subject: Fw:AB 1035
Dear Huntington Beach City Council Members:
It is urgent that AB 1035 be passed as soon as possible. I have lived in Skandia Mobile Home Park in Huntington Beach,
CA for 25 years and had planned to stay here until I die. I am an 85 year old widow of a 26 year Air Force Veteran living
on Social Security and 50% of my income goes to my monthly space rent.
In addition, my home value has dropped $100,000 because of the exorbitant increase the new owners require of new
buyers which leaves me unable to afford to sell.
There are many others here in the same position (or worse) and I earnestly request your support in order to SAVE OUR
SENIORS.
Thank you for your consideration.
Kathryn Crafton
16444 Bolsa Chica St. #94
Huntington Beach, CA 92649
SUPPLEMENTAL
COMMUNICATION
Meeting Date: c"/r? Poa3
Agenda Item No.; i & (g3