HomeMy WebLinkAboutConsider Positions on Legislation Pending Before the State L (18) i"\j7JAZ 2000 Main Street,
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File #: 24-310 MEETING DATE: 5/7/2024
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Eric G. Parra, Interim 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 17, 2024, the Intergovernmental Relations Committee (IRC), comprised of Mayor Gracey
Van Der Mark and Mayor Pro Tern Burns (with Council Member Tony Strickland 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 City Council for consideration.
Financial Impact:
Not applicable.
Recommended Action:
Approve the legislative positions taken by IRC on April 17, 2024:
A) OPPOSE AB 1886 (Alvarez). Housing Element law: substantial compliance: Housing
Accountability Act.
•
B) OPPOSE SB 450 (Atkins) Housing development: approvals
C) OPPOSE SB 1037 (Wiener) Planning and zoning: housing element: enforcement
D) OPPOSE SB 1211 (Skinner) Land use: accessory dwelling units: ministerial approval
E) SUPPORT AB 2081 (Davies) Substance abuse: recovery and treatment programs.
F) SUPPORT SB 1102 (Nguyen) Personal income tax law: corporation tax law: oil spill: exclusion
G) SUPPORT SB 1214 California Commission on the Unites States Semiquincentennial
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Alternative Action(s):
Do not approve the recommended action(s), and direct staff accordingly.
Analysis:
1. AB 1886 (Alvarez) Housing Element Law: substantial compliance: Housing Accountability Act.
Summary
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. Current law,
commonly referred to as the Housing Element Law, prescribes requirements for a city's or county's
preparation of, and compliance with, its housing element, and requires the Department of Housing
and Community Development to review and determine whether the housing element substantially
complies with the Housing Element Law, as specified. If the department finds that a draft housing
element or amendment does not substantially comply with the Housing Element Law, current law
requires the legislative body of the city or county to either (A) change the draft element or
amendment to substantially comply with the Housing Element Law or (B) adopt the draft housing
element or amendment without changes and make specified findings as to why the draft element or
amendment substantially complies with the Housing Element Law despite the findings of the
department. Current law requires a planning agency to promptly submit an adopted housing element
or amendment to the department and requires the department to review the adopted housing
element or amendment and report its findings to the planning agency within 60 days.
This bill would require a planning agency, which makes the above-described findings as to why a
draft housing element or amendment substantially complies with the Housing Element Law despite
the findings of the department, to submit those findings to the department. The bill would require the
department to review those finding in its review of an adopted housing element or amendment.
Recommended legislative position: OPPOSE
Cities go to great lengths to ensure that their housing element substantially complies with the law,
even if HCD disagrees. Current law acknowledges this fact by allowing cities to "self-certify" their
housing element or take the issue to court and have a judge make the final determination of
substantial compliance.
AB 1886 encourages "builder's remedy" projects by eliminating self-certification for the purpose of
what it means to have a housing element "in substantial compliance with the law." The "builder's
remedy" allows a developer to choose any site other than a site that is identified for very low-, low-, or
moderate-income housing, and construct a project that is inconsistent with both the city's general
plan and zoning. AB 1886 facilitates such projects for those cities that have a good faith
disagreement based in substantial evidence.
2. SB 450 (Atkins) Housing development: approvals
Summary
Current law requires a proposed housing development containing no more than 2 residential units
within a single-family residential zone to be considered ministerially, without discretionary review or
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hearing, if the proposed housing development meets certain requirements, including that the
proposed housing development does not allow for the demolition of more than 25% of the existing
exterior structural walls, except as provided. Current law authorizes a local agency to impose
objective zoning standards, objective subdivision standards, and objective design standards on the
proposed housing development.
Current law authorizes a local agency to deny a proposed housing development if specified
conditions are met, including that the building official makes a written finding that the.proposed
housing development project would have a specific, adverse impact upon public health and safety or
the physical environment, as provided. This bill would remove the requirement that a proposed
housing development does not allow for the demolition of more than 25% of the existing exterior
structural walls to be considered ministerially.
Recommended legislative position: OPPOSE
The bill would prohibit a local agency from imposing objective zoning standards, objective subdivision
standards, and objective design standards that do not apply uniformly to development within the
underlying zone, but would specify that these provisions do not prohibit a local agency from adopting
or imposing objective zoning standards, objective subdivision standards, and objective design
standards on the development if the standards are more permissive than applicable standards within
the underlying zone.
SB 450 bill would remove the authorization for a local agency to deny a proposed housing
development if the building official makes a written finding that the proposed housing development
project would have a specific, adverse impact upon the physical environment. The measure would
require the City to consider and approve or deny the proposed housing development application
within 60 days from the date the agency receives the completed application and would deem the
application approved after that time.
3. SB 1037 (Wiener) Planning and zoning: housing element: enforcement
Summary
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. The
Planning and Zoning Law requires the Department of Housing and Community Development (HCD)
to determine whether the housing element is in substantial compliance with specified provisions of
that law. The Planning and Zoning Law requires HCD to notify a city, county, or city and county, and
authorizes HCD to notify the office of the Attorney General, that the city, county, or city and county is
in violation of state law if the local government has acted in violation of specified provisions of law.
The Planning and Zoning Law also requires, among other things, that an application for a housing
development be subject to a specified streamlined, ministerial approval process if the development
satisfies certain objective planning standards. This bill, in any action brought by the Attorney General,
on behalf of HCD or in an independent capacity, to enforce the adoption of housing element
revisions, as specified, or to enforce any state law that requires a city, county, or local agency to
ministerially approve any land use decision or permitting application for a housing development
project, as specified, would subject the city, county, or local agency to specified remedies, including a
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civil penalty of, at minimum, $10,000 per month, and not exceeding $50,000 per month, for each
violation, as specified.
Recommended legislative position: OPPOSE
Measure SB 1037 would allow the Attorney General to take legal action against a city and seek fines
up to $50K a month for failure to adopt a compliant housing element or if the city does not follow
state laws that require ministerial approval of certain housing projects. Under existing law cities can
be subject to significant fines and penalties for violating certain housing laws. However, before fines
are imposed, a city has the ability to correct the action. Additionally, enhanced fines are not imposed
unless the city fails to follow a court's order or acts in bad faith. Unfortunately, as currently drafted,
SB 1037 does not provide an opportunity for cities to correct an honest mistake or address a genuine
difference in interpreting the law. Even those jurisdictions acting in good faith could be subject to
significant fines and be required to pay the Attorney General for all costs investigating and
prosecuting the action, including expert witness fees and attorney's fees. Instead of creating new
fines and penalties, lawmakers and the Department of Housing and Community Development should
provide cities with clear guidance and technical assistance to help them finalize their housing
elements and put those plans to work so much-needed housing construction can occur.
4. SB 1211 (Skinner) Land use: accessory dwelling units: ministerial approval
Summary
This bill, in connection with the ministerial approval of a building permit for an accessory dwelling
unit, would additionally prohibit a local agency from requiring the replacement of parking spaces
when a carport, covered parking structure, or uncovered parking space is demolished in conjunction
with the construction of or conversion to an accessory dwelling unit.
Recommended legislative position: OPPOSE
Senate Bill 1211 requires the ministerial approval of additional accessory dwelling units (ADU's) on
the lot of an existing multifamily dwelling. Specifically, a city or county must approve at least one
ADU, and up to 25 percent of the total number of units contained in the existing multifamily dwelling,
in any configuration of detached or converted unused space. The bill provides these units are in
addition to the two detached ADU's that are authorized under existing law to be constructed on a lot
with a proposed or existing multifamily dwelling.. SB 1211 also prohibits local governments from
requiring replacement of uncovered parking spaces that are demolished to allow for the construction
of an ADU, in addition to the prohibitions on requiring replacement of carports, garages, and covered
parking spaces in existing law.
5. AB 2081 (Davies) Substance abuse: recovery and treatment programs.
•
Summary
Current law grants the State Department of Health Care Services the sole authority in state
government to license adult alcoholism or drug abuse recovery or treatment facilities. The
department is authorized to issue a license to specified types of facilities if certain criteria are met.
The law requires licensees to report specified events and incidents to the department, including,
among others, the death of a resident at a licensed facility; authorizes the department to investigate
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allegations of violations of governing law and act upon a finding of a violation.
This bill would require an operator of a licensed alcoholism or drug abuse recovery or treatment
facility or certified alcohol or other drug program to include on its Internet website and intake form
paperwork a disclosure that an individual may check the internet website of the State Department of
Health Care Services to confirm whether the facility's license or program's certification has been
placed in probationary status, been subject to a temporary suspension order, been revoked, or the
operator has been given a notice of operation in violation of law.
Recommended legislative position: SUPPORT
AB 2081 would require a higher standard of transparency and greater protections for individuals
seeking alcoholism or substance use treatment. Specifically, AB 2081 would require the operator of a
licensed recovery home to disclose to those seeking care that they can check the Department of
Health Care Services website to confirm a facility's compliance with state licensing laws.
Residential recovery housing provides a wide range of benefits to some of California's most
vulnerable residents, and it is critical that their needs are prioritized over profits. Compliance with
state licensing laws administered through the Department of Health Care Services is essential to
safeguarding residents' well-being and maintaining quality care. AB 2081 would ensure that those
seeking treatment easily know what violations, if any, have occurred within a treatment facility and
would hold providers accountable by making these violations easily accessible to the public.
6. SB 1102 (Nguyen) Personal Income Tax Law: Corporation Tax Law: oil spill: exclusion
Summary
This bill would provide an exclusion from gross income for any qualified amounts received in
settlements associated with the October 2, 2021, oil spill that occurred off the coast of the County of
Orange near the City of Huntington Beach. The bill would repeal these provisions on January 1,
2029.
This bill would declare that it is to take effect immediately as an urgency statute.
Recommended legislative position: SUPPORT
Enacts Personal Income and Corporation Tax exclusions for any amount received by a qualified
taxpayer in settlement for claims relating to the October 2, 2021, oil spill off the coast of the County of
Orange near the City of Huntington Beach.
7. SB 1214 (Nguyen) California Commission on the United States Semiquincentennial
Summary
This bill would, until January 1, 2029, establish the California Commission on the United States
Semiquincentennial in state government to celebrate the 250th anniversary of the signing of the
Declaration of Independence and the founding of the United States of America. SB 1214 would
require the commission to plan and coordinate commemorations and observances of the 250th
anniversary of the Declaration of Independence and the American Revolution and be solely
supported by private or federal funds made available for the purpose of supporting the commission.
•
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Recommended legislative position: SUPPORT
Author statement: According to the author's office, "establishing an organization in California will
allow communities and organizations across our state to play a leading role in this historic initiative,
showcasing the unique contributions that California and its citizens have made to our nation's history
and culture. The potential for increased tourism and revenue for local communities is high. In order
for California to participate in the festivities, the first step is to establish California's Commission on
the United States Semiquincentennial. Once formed, the Commission can begin receiving or raising
funds that will go towards programs and events. In addition to statewide observances, the
Commission will be responsible for assisting local governments and civic organizations create and
promote patriotic celebrations for the occasion."
As of April 19, 2024, 43 states and territories have announced Semiquincentennial entities.
Watch List
Additional legislative items were discussed and will be monitored as they are under significant review
and/or amendments.
• AB 2560 (Alvarez/Wiener) Density Bonus Law: California Coastal Act of 1976
• AB 2574 (Valencia) Alcoholism or drug abuse recovery or treatment facilities
• AB 1825 (Muratsuchi) California Freedom to Read Act
• AB 3024 (Ward) Civil Rights
Environmental Status:
This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change
in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the
CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for
resulting in physical change to the environment, directly or indirectly.
Strategic Plan Goal:
Non Applicable - Administrative Item
For details, visit www.huntingtonbeachca.gov/strategicplan
<http://www.huntingtonbeachca.qov/strategicplan>.
Attachment(s):
1. AB 1886 Draft Position Letter and Legislative Text
2. SB 450 Draft Position Letter and Legislative Text
3. SB 1037 Draft Position Letter and Legislative Text
4. SB 1211 Draft Position Letter and Legislative Text
5. AB 2081 Draft Position Letter and Legislative Text
6. SB 1102 Draft Position Letter and Legislative Text
7. SB 1214 Draft Position Letter and Legislative Text
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City Council/ ACTION AGENDA May 7,2024
Public Financing Authority
Recommended Action:
Approve and adopt the City Council/Public Financing Authority regular meeting minutes of
April 16, 2024.
Approved 7-0
14. 24-323 Received and Filed Monthly Update of Activities for Citizen Boards,
Commissions, Committees (BCCs) and Regional Agencies -April 2024
Recommended Action:
Receive and File.
Approved 7-0
City Manaaer
15. 24-310 Took positions on legislation pending before the State Legislature, as
recommended by the Intergovernmental Relations Committee (IRC)
Recommended Action:
Approve the legislative positions taken by IRC on April 17, 2024:
A) OPPOSE AB 1886(Alvarez). Housing Element law: substantial compliance: Housing
Accountability Act. Approved 4-0-3(Moser, Bolton, Kalmick-Abstain)
B) OPPOSE SB 450 (Atkins) Housing development: approvals Approved 4-1-2(Kalmick-No;
Moser, Bolton-Abstain)
C) OPPOSE SB 1037 (Wiener) Planning and zoning: housing element: enforcement
Approved 4-0-3(Moser, Bolton, Kalmick-Abstain)
D) OPPOSE SB 1211 (Skinner) Land use: accessory dwelling units: ministerial approval
Approved 4-0-3(Moser, Bolton, Kalmick-Abstain)
E) SUPPORT AB 2081 (Davies) Substance abuse: recovery and treatment programs
Approved 7-0
F) SUPPORT SB 1102 (Nguyen) Personal income tax law: corporation tax law: oil spill:
exclusion Approved 4-2-1 (Moser, Bolton-No; Kalmick-Recuse/Out of Room)
G) SUPPORT SB 1214 California Commission on the United States Semiquincentennial
Approved 4-0-3(Moser, Bolton, Kalmick-Abstain)
ELI
16. 24-321 Approved and authorized execution of the termination of City of
Huntington Beach Memorandum of Understanding between the City of
Huntington Beach and Friends of the HB Junior Guards
Page 5 of 11
CITY OF HUNTINGTON BEACH
2000 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA 92648-2702
COUNTX GRACEY VAN DER MARK
MAYOR
May 8, 2024
The Honorable David Alvarez
California State Assembly
1020 0 Street, Rm 5320
Sacramento, CA 95829
Re:AB 1886 (Alvarez)—Oppose
Dear Assemblymember Alvarez:
On behalf of the City of Huntington Beach, I write in opposition to AB 1886, which would specify
a housing element without amendments is only considered approved if the update is approved by
the Department of Housing and Community Development (HCD), or by a court determination,
among other things.
Under current law, local governments have a statutory deadline to submit housing elements to
HCD and HCD is required to respond on whether the draft complies with the law. If HCD
determines it doesn't comply with the standards, a discussion ensues, and local governments
may resubmit their revised plans. AB 1886 makes a rebuttable presumption that HCDs
determination is valid, regardless of if there are revisions unfounded.
As an alternative to the process, in the instance that a local government submits their housing
element without amendments to HCD, the process is called self-certification.AB 1886 eliminates
the opportunity for self-certification regardless of whether HCD would concur with the submitted
element. The only other recourse remaining in this bill would be for a local government to go to
court to make such a determination, leading to an unnecessary commitment of resources, court
and staff time.
Finally, whether a housing element is determined to be updated and compliant or not have serious
repercussions on local governments that jeopardizes the critical need for local land-use planning.
Sincerely,
+� \) A' - ct1 -
Gracey Van Der Mark
Mayor
Cc: Huntington Beach City Council
714.536.5553
AMENDED IN ASSEMBLY APRIL 15, 2024
AMENDED IN ASSEMBLY APRIL 1, 2024
CALIFORNIA LEGISLATURE-2023-24 REGULAR SESSION
ASSEMBLY BILL No. 1886
Introduced by Assembly Member Alvarez
January 22, 2024
An act to amend Sections 65585 and 65589.5 of the Government
Code,relating to land use.
LEGISLATIVE COUNSEL'S DIGEST
AB 1886, as amended, Alvarez. Housing Element Law: substantial
compliance: Housing Accountability Act.
(1) The Planning and Zoning Law requires a city or county to adopt
a general plan for land use development within its boundaries that
includes, among other things, a housing element. Existing law,
commonly referred to as the Housing Element Law, prescribes
requirements for a city's or county's preparation of, and compliance
with,its housing element, and requires the Department of Housing and
Community Development to review and determine whether the housing
element substantially complies with the Housing Element Law, as
specified. If the department finds that a draft housing element or
amendment does not substantially comply with the Housing Element
Law, existing law requires the legislative body of the city or county to
either (A) change the draft element or amendment to substantially
comply with the Housing Element Law or (B) adopt the draft housing
element or amendment without changes and make specified findings
as to why the draft element or amendment substantially complies with
the Housing Element Law despite the findings of the department.
97
102
AB 1886 —2—
Existing law requires a planning agency to promptly submit an adopted
housing element or amendment to the department and requires the
department to review the adopted housing element or amendment and
report its findings to the planning agency within 60 days.
This bill would require a planning agency that makes the
above-described findings as to why a draft housing element or
amendment substantially complies with the Housing Element Law
despite the findings of the department to submit those findings to the
department. The bill would require the department to review those
finding in its review of an adopted housing element or amendment.The
bill would create a rebuttable presumption of validity for the
department's findings as to whether the adopted element or amendment
substantially complies with the Housing Element Law.Because the bill
would require planning agencies to submit specified findings to the
department with an adopted housing element or amendment, the bill
would impose a state-mandated local program.
This bill would provide that a housing element or amendment is
considered substantially compliant with the Housing Element Law when
the local agency has adopted a housing element or amendment and the
department or a court of competent jurisdiction determines the adopted
housing element or amendment to be in substantial compliance with
the Housing Element Law. The bill would specify that a determination
of substantial compliance continues until the department or a court of
competent jurisdiction determines otherwise or the end of the applicable
housing element cycle. The bill would provide that these provisions are
declaratory of existing law.
(2) Existing law,the Housing Accountability Act,among other things,
prohibits a local agency from disapproving, or conditioning approval
in a manner that renders infeasible, a housing development project for
very low,low-,or moderate-income households unless the local agency
makes written findings as to one of certain sets of conditions, as
specified. One set of conditions is that(A)the jurisdiction has adopted
a housing element that is in substantial compliance with the Housing
Element Law, and (B) the jurisdiction has met or exceeded its share of
the regional housing need allocation for the planning period for the
income category proposed for the housing development project.
This bill would provide that, for purposes of disapproving or
conditionally approving a housing development project for very low,
is considcrcd substantially compliant with the Housing Element Law
97
103
—3— AB 1886
when the local agency has adopted a housing element or amendment
and the department or a court of compctcnt jurisdiction determines the.
with the Housing Element Law. The bill would specify that a
or a court of competent jurisdiction determines otherwise or the end of
provisions arc declaratory of existing law.
(3) The Housing Accountability Act also requires
Existing law subjects a housing development project-to only be subject
to the ordinances,policies, and standards adopted and in effect when a
preliminary application was submitted, except as specified.
This bill would provide that require a housing element or amendment
must to be considered in substantial compliance with the Housing
Element Law only if the element or amendment was determined to be
in substantial compliance when a preliminary application or complete
application was submitted, as specified. The bill would provide that
this provision is declaratory of existing law.
(4)
(3) 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 65585 of the Government Code is
2 amended to read:
3 65585. (a) In the preparation of its housing clement,each city
4
5 pursuant to Section 50459 of the Health and Safety Codc. Those
6 guidelines shall be advisory to each city or county in—he
7
8 (b) (1) At least 90 days prior to adoption of a revision of its
9 housing clement pursuant to subdivision (c) of Section 65588, or
10 at least 60 days prior to the adoption of a subsequent amendment
11 to this clement, the planning agency shall submit a draft element
97
104
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1 department. If the department's findings arc not available within
2 the time limits set by this scction, the legislative body may act
3 �..theut therf
4 (f) If the department finds that the draft clement or draft
5 amcndmcnt does not substantially comply with this article, the
6 legislative body shall take one of the following actions:
7 (1) Change the draft element or draft amendment to substantially
8 comply with this article.
9
10 The legislative body shall include in its resolution of adoption
11 written findings that explain the reasons the legislative body
12 believes that the draft clement or draft amcndmcnt substantially
13 complies with this article despite the findings of the department.
14 (g) Promptly following the adoption of its cicmcnt or
15 amcndmcnt,the planning agency shall submit a copy of the adopted
16 cicmcnt or amendment and any findings made pursuant to
17 paragraph (2) of subdivision(f) to the department.
18 (h) (1) The department shall, within 60 days, review adopted
19
20 paragraph(2) of subdivision (f), make a finding as to whether the
21
22 this article, and report its findings to the planning agency.
23f-2-j—(A--)—Fer-purposes-of-subelivision-(-tl-)-of-Seetiort-65-5-8975rft
24 housing cicmcnt or amendment shall be considcrcd to be in
25
26 nd t:o«s . ,.t:sr-.ed:
27 (i) The local agency adopts the housing cicmcnt or amcndmcnt
28 in accordance with this section.
29 (ii) The department or a court of competent jurisdiction
30 determines the adopted housing element or amcndmcnt to be in
31
32 (B) A housing cicmcnt or amcndmcnt shall continue to be
33 considered in substantial compliance with this article until either
34 of the following occur:
35 (i) The department or a court of competent jurisdiction
36 determines that the adopted housing cicmcnt or amcndmcnt is no
37
38 (ii) The end of the applicable housing cicmcnt cycle.
39 (C) This paragraph does not constitute, a change in, but is
40 declaratory of, existing law.
97
106
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-7— AB 1886
1 ,
2 Sections 65941.1, 65943, and 66300).
3 (6) Scction 8899.50.
4 (7) Scction 65913.4.
5 (8) Article 11 (commencing with Scction 65650).
6 (9) Article 12(commencing with Scction 65660).
7 (10) Scction 65913.11.
8 (11) Scction 65400.
9 (12) Scction 65863.2.
10 (13) Chapter 4.1 (commencing with Scction 65912.100).
11 (14) Scction 65905.5.
12 (15) Scction 65852.2.
13 (16) Scction 65852.21.
14 (17) Scction 65852.22.
15 (18) Scction 65852.23.
16 (19) Scction 65852.24.
17 (20) Scction 65852.26.
18 (21) Scction 66411.7.
19 (22) Scction 65913.16.
20 (23) Article 2 (commencing with Scction 66300.5) of Chapter
21 1-2:
22 .
23 (25) Scction 65913.4.5.
24 (26) Scction 66499.41.
25 (k) Commencing July 1, 2019, prior to the Attorney General
26
27 subdivision(j)related to housing element compliance and seeking
28 remedies available pursuant to this subdivision, the department
29 shall offer the jurisdiction the opportunity for two meetings in
30 person or via telephone to discuss the violation, and shall provide
31 the jurisdiction written findings regarding the violation. This
32 paragraph does not affect any action filed prior to the effective
33 date of this section.The rcquircmcnts set forth in this subdivision
34 do not apply to any suits brought for a violation or violations of
35 paragraphs (1) and (3)to (9), inclusive, of subdivision (j).
36 (1) In any action or special proceeding brought by the Attorney
37
38 notice or referral under subdivision(j),the Attorney Cenral may
39 request,upon a finding of the court that the housing element does
40 not substantially comply with the requirements of this article
•
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1 pursuant to this section, that the court issue an order or judgment
2 directing the jurisdiction to bring its housing clement into
3 substantial compliance with the requirements of this article. The
4 court shall retain jurisdiction to ensure that its order or judgment
5 is carried out. If a court determines that the housing element of
6 the jurisdiction substantially complies with this article, it shall
7 have the same force and effect, for purposes of eligibility for any
8 financial assistance that requires a housing element in substantial
9 compliance and for purposes of any incentives provided under
10 ,
11 housing clement substantially complies with this article.
12 (1) If the jurisdiction has not complied with the order or
13 judgment after 12 months, the court shall conduct a status
14 conference.Following the status conference,upon a determination
15 that the jurisdiction failed to comply with the order or judgment
16 compelling substantial compliance with the requirements of this
17 article,the court shall impost fines on the jurisdiction,which shall
18 be deposited into the Building Homes and Jobs Trust Fund. Any •
19 fine levied pursuant to this paragraph shall be in a minimum
20 amount of ten thousand dollars ($10,000)per month,but shall not
21 exceed one hundred thousand dollars($100,000)per month,except
22 as provided in paragraphs (2)
23 jurisdiction fails to pay fines imposed by the court in full and on
24 time,the court may require the Controller to intercept any available
25 state and local funds and direct such funds to the Building Homes
26 and Jobs Trust Fund to correct the jurisdiction's failure to pay.
27 The intercept of the funds by the Controller for this purpose shall
28 not violate any provision of the California Constitution.
29 (2) If the jurisdiction has not complied with the order or
30 judgment after three months following the imposition of fees
31 described in paragraph (1), the court shall conduct a status
32 conference.Following the status conference,if the court finds that
33 the fees imposed pursuant to paragraph(1)arc insufficient to bring
34 the jurisdiction into compliance with the order or judgment, the
35 court may multiply the fine determined pursuant to paragraph(1)
36 by a factor of three. In the event that the jurisdiction fails to pay
37 fines imposed by the court in full and on time, the court may
38
39 funds and direct such funds to the Building Homes and Jobs Trust
40 '
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1 the funds by the Controller for this purpose shall not violate any
2 provision of the California Constitution.
3 (3) If the jurisdiction has not complied with the order or
4
5 in paragraph(1),the court shall conduct a status conference.Upon
6 a determination that the jurisdiction failed to comply with the order
7 or judgment, the court may impose the following:
8
9 paragraphs(1)and(2)arc insufficient to bring the jurisdiction into
10 compliance with the order or judgment, the court may multiply
11 theme determined pursuant to paragraph (1) by a factor of six.
12 In the event that the jurisdiction fails to pay fines imposed by the
13 court in full and on time, the court may require the Controller to
14 intercept any available state and local funds and direct such funds
15 to the Building Ilomcs and Jobs Trust Fund to correct the
16 jurisdiction's failure to pay. The intercept of the funds by the
17 Controller for this purpose shall not violate any provision of the
18
19 (B) The court may order remedies available pursuant to Section
20 564 of the Codc of Civil Procedure, under which the agent of the
21 court may take all governmental actions necessary to bring the
22 '
23 to this article
24 shall determine whether the housing clement of the jurisdiction
25 substantially complies with this article and, once the court makes
26 that determination, it shall have the same force and effect, for all
27 purposes, as the department's determination that the housing
28
29 pursuant to this paragraph shall have expertise in planning-in
30 California.
31 (4) This subdivision does not limit a court's discretion to apply
32 any and all remedies in an action or special proceeding for a
33
34 (m) In determinin
35 under subdivision (1), the court shall consider whether there arc
36
37 into compliance with state housing law. The court may consider
38 whether a city, county, or city and county is making a good faith
39 effort to come into substantial compliance or is facing substantial
40
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1 (n) Nothing in this section shall limit the authority of the office
2 of the Attorney General to bring a suit to enforce state law in an
3 independent capacity.The office of the Attorney General may sock
4 all remedies available under law including those set forth in this
5 section.
6 (o) Notwithstanding Sections 11040 and 11042,if the Attorney
7 Cenral declines to represent the department in any action or
8 special procccding brought pursuant to a notice or referral under
9 ,
10 counsel for purposes of representing the department in the action
11 or special proceeding.
12 (p) Notwithstanding any other provision of law, the statute of
13 limitations set forth in subdivision (a)of Section 338 of the Codc
14 of Civil Procedure shall apply to any action or special proceeding
15 brought by the office of the Attorney General or pursuant to a
16 notice or referral under subdivision (j), or by the department
17
18 SECTION 1. Section 65585 of the Government Code is
19 amended to read:
20 65585. (a) In the preparation of its housing element, each city
21 and county shall consider the guidelines adopted by the department
22 pursuant to Section 50459 of the Health and Safety Code. Those
23 guidelines shall be advisory to each city or county in the
24 preparation of its housing element.
25 (b) (1) At least 90 days prior to adoption of a revision of its
26 housing element pursuant to subdivision (e) of Section 65588, or
27 at least 60 days prior to the adoption of a subsequent amendment
28 to this element, the planning agency shall submit a draft element
29 revision or draft amendment to the department. The local
30 government of the planning agency shall make the first draft
31 revision of a housing element available for public comment for at
32 least 30 days and, if any comments are received, the local
33 government shall take at least 10 business days after the 30-day
34 public comment period to consider and incorporate public
35 comments into the draft revision prior to submitting it to the
36 department. For any subsequent draft revision, the local
37 government shall post the draft revision on its internet website and
38 shall email a link to the draft revision to all individuals and
39 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 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 despite the findings of the department.
3 (g) Promptly following the adoption of its element or
4 amendment, the planning agency shall submit a copy-to of the
5 adopted element or amendment and any findings made pursuant
6 to paragraph (2) of subdivision (f) to the department.
7 (h) (1) The department shall, within 60 days, review adopted
8 housing elements or amendments and any findings pursuant to
9 paragraph(2) of subdivision(f), make a finding as to whether the
10 adopted element or amendment is in substantial compliance with
11 this article, and report its findings to the planning agency.
12 (2) (A) A housing element or amendment shall be considered
13 to be in substantial compliance with this article when both of the
14 following conditions are satisfied:
15 (i) The local agency adopts the housing element or amendment
16 in accordance with this section.
17 (ii) The department or a court of competent jurisdiction
18 determines the adopted housing element or amendment to be in
19 substantial compliance with this article.
20 (B) A housing element or amendment shall continue to be
21 considered in substantial compliance with this article until either
22 of the following occur:
23 (i) The department or a court of competent jurisdiction
24 determines that the adopted housing element or amendment is no
25 longer in substantial compliance with this article.
26 (ii) The end of the applicable housing element cycle.
27 (C) This paragraph does not constitute a change in, but is
28 declaratory of existing law.
29 (3) In any legal proceeding initiated to enforce the provisions
30 of this article, the department's findings made pursuant to this
31 subdivision and subdivision (b) shall create a rebuttable
32 presumption of validity as to whether the adopted element or
33 amendment substantially complies with this article.
34 (i) (1) (A) The department shall review any action or failure
35 to act by the city, county, or city and county that it determines is
36 inconsistent with an adopted housing element or Section 65583,
37 including any failure to implement any program actions included
38 in the housing element pursuant to Section 65583.The department
39 shall issue written findings to the city, county, or city and county
40 as to whether the action or failure to act substantially complies
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1 with this article, and provide a reasonable time no longer than 30
2 days for the city, county, or city and county to respond to the
3 findings before taking any other action authorized by this section,
4 including the action authorized by subparagraph (B).
5 (B) If the department finds that the action or failure to act by
6 the city, county, or city and county does not substantially comply
7 with this article,and if it has issued findings pursuant to this section
8 that an amendment to the housing element substantially complies
9 with this article, the department may revoke its findings until it
10 determines that the city, county, or city and county has come into
11 compliance with this article.
12 (2) The department may consult with any local government,
13 public agency, group, or person, and shall receive and consider
14 any written comments from any public agency, group, or person,
15 regarding the action or failure to act by the city, county, or city
16 and county described in paragraph(1),in determining whether the
17 housing element substantially complies with this article.
18 (j) The department shall notify the city, county, or city and
19 county and may notify the office of the Attorney General that the
20 city, county, or city and county is in violation of state law if the
21 department finds that the housing element or an amendment to this
22 element, or any action or failure to act described in subdivision
23 (i),does not substantially comply with this article or that any local
24 government has taken an action in violation of the following:
25 (1) Housing Accountability Act(Section 65589.5).
26 (2) Section 65863.
27 (3) Chapter 4.3 (commencing with Section 65915).
28 (4) Section 65008.
29 (5) Housing Crisis Act of 2019 (Chapter 654, Statutes of 2019,
30 Sections 65941.1, 65943, and 66300).
31 (6) Section 8899.50.
32 (7) Section 65913.4.
33 (8) Article 11 (commencing with Section 65650).
34 (9) Article 12 (commencing with Section 65660).
35 (10) Section 65913.11.
36 (11) Section 65400.
37 (12) Section 65863.2.
38 (13) Chapter 4.1 (commencing with Section 65912.100).
39 (14) Section 65905.5.
40 (15) Chapter 13 (commencing with Section 66310).
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1 (16) Section 65852.21.
2 (17) Section 65852.24.
3 (18) Section 66411.7.
4 (19) Section 65913.16.
5 (20) Article 2 (commencing with Section 66300.5) of Chapter
6 12.
7 (21) Section 65852.28.
8 (22) Section 65913.4.5.
9 (23) Section 66499.41.
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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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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1 notice or referral under subdivision (j), or by the department
2 pursuant to subdivision (o).
3 SEC. 2. Section 65589.5 of the Government Code is amended
4 to read:
5 65589.5. (a) (1) The Legislature finds and declares all of the
6 following:
7 (A) The lack of housing, including emergency shelters, is a
8 critical problem that threatens the economic, environmental, and
9 social quality of life in California.
10 (B) California housing has become the most expensive in the
11 nation.The excessive cost of the state's housing supply is partially
12 caused by activities and policies of many local governments that
13 limit the approval of housing,increase the cost of land for housing,
14 and require that high fees and exactions be paid by producers of
15 housing.
16 (C) Among the consequences of those actions are discrimination
17 against low-income and minority households, lack of housing to
18 support employment growth, imbalance in jobs and housing,
19 reduced mobility, urban sprawl, excessive commuting, and air
20 quality deterioration.
21 (D) Many local governments do not give adequate attention to
22 the economic, environmental, and social costs of decisions that
23 result in disapproval of housing development projects, reduction
24 in density of housing projects,and excessive standards for housing
25 development projects.
26 (2) In enacting the amendments made to this section by the act
27 adding this paragraph, the Legislature further finds and declares
• .28 the following:
29 (A) California has a housing supply and affordability crisis of
30 historic proportions. The consequences of failing to effectively
31 and aggressively confront this crisis are hurting millions of
32 Californians, robbing future generations of the chance to call
33 California home, stifling economic opportunities for workers and
34 businesses,worsening poverty and homelessness,and undermining
35 the state's environmental and climate objectives.
36 (B) While the causes of this crisis are multiple and complex,
37 the absence of meaningful and effective policy reforms to
38 significantly enhance the approval and supply of housing affordable
39 to Californians of all income levels is a key factor.
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1 (C) The crisis has grown so acute in California that supply,
2 demand, and affordability fundamentals are characterized in the
3 negative:underserved demands,constrained supply,and protracted
4 unaffordability.
5 (D) According to reports and data, California has accumulated
6 an unmet housing backlog of nearly 2,000,000 units and must
7 provide for at least 180,000 new units annually to keep pace with
8 growth through 2025.
9 (E) California's overall home ownership rate is at its lowest
10 level since the 1940s. The state ranks 49th out of the 50 states in
11 home ownership rates as well as in the supply of housing per capita.
12 Only one-half of California's households are able to afford the
13 cost of housing in their local regions.
14 (F) Lack of supply and rising costs are compounding inequality
15 and limiting advancement opportunities for many Californians.
16 (G) The majority of California renters, more than 3,000,000
17 households,pay more than 30 percent of their income toward rent
18 and nearly one-third, more than 1,500,000 households, pay more
19 than 50 percent of their income toward rent.
20 (H) When Californians have access to safe and affordable
21 housing, they have more money for food and health care;they are
22 less likely to become homeless and in need of
23 government-subsidized services;their children do better in school;
24 and businesses have an easier time recruiting and retaining
25 employees.
26 (I) An additional consequence of the state's cumulative housing
27 shortage is a significant increase in greenhouse gas emissions
28 caused by the displacement and redirection of populations to states
29 with greater housing opportunities, particularly working- and
30 middle-class households.California's cumulative housing shortfall
31 therefore has not only national but international environmental
32 consequences.
33 (J) California's housing picture has reached a crisis of historic
34 proportions despite the fact that, for decades, the Legislature has
35 enacted numerous statutes intended to significantly increase the
36 approval,development,and affordability of housing for all income
37 levels, including this section.
38 (K) The Legislature's intent in enacting this section in 1982 and
39 in expanding its provisions since then was to significantly increase
40 the approval and construction of new housing for all economic
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1 segments of California's communities by meaningfully and
2 effectively curbing the capability of local governments to deny,
3 reduce the density for, or render infeasible housing development
4 projects and emergency shelters.That intent has not been fulfilled.
5 (L) It is the policy of the state that this section be interpreted
6 and implemented in a manner to afford the fullest possible weight
7 to the interest of, and the approval and provision of, housing.
8 (3) It is the intent of the Legislature that the conditions that
9 would have a specific, adverse impact upon the public health and
10 safety, as described in paragraph (2) of subdivision (d) and
11 paragraph (1) of subdivision (j), arise infrequently.
12 (b) It is the policy of the state that a local government not reject
13 or make infeasible housing development projects, including
14 emergency shelters,that contribute to meeting the need determined
15 pursuant to this article without a thorough analysis of the economic,
16 social, and environmental effects of the action and without
17 complying with subdivision (d).
18 (c) The Legislature also recognizes that premature and
19 unnecessary development of agricultural lands for urban uses
20 continues to have adverse effects on the availability of those lands
21 for food and fiber production and on the economy of the state.
22 Furthermore, it is the policy of the state that development should
23 be guided away from prime agricultural lands; therefore, in
24 implementing this section, local jurisdictions should encourage,
25 to the maximum extent practicable,in filling existing urban areas.
26 (d) A local agency shall not disapprove a housing development
27 project, including farmworker housing as defined in subdivision
28 (h) of Section 50199.7 of the Health and Safety Code, for very
29 low, low-, or moderate-income households, or an emergency
30 shelter,or condition approval in a manner that renders the housing
31 development project infeasible for development for the use of very
32 low, low-, or moderate-income households, or an emergency
33 shelter, including through the use of design review standards,
34 unless it makes written findings, based upon a preponderance of
35 the evidence in the record, as to one of the following:
36 (1) The jurisdiction has adopted a housing element pursuant to
37 this article that has been revised in accordance with Section 65588,
38 is in substantial compliance with this article, and the jurisdiction
39 has met or exceeded its share of the regional housing need
40 allocation pursuant to Section 65584 for the planning period for
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1 the income category proposed for the housing development project,
2 provided that any disapproval or conditional approval shall not be
3 based on any of the reasons prohibited by Section 65008. If the
4 housing development project includes a mix of income categories,
5 and the jurisdiction has not met or exceeded its share of the regional
6 housing need for one or more of those categories, then this
7 paragraph shall not be used to disapprove or conditionally approve
8 the housing development project.The share of the regional housing •
9 need met by the jurisdiction shall be calculated consistently with
10 the forms and definitions that may be adopted by the Department
11 of Housing and Community Development pursuant to Section
12 65400. In the case of an emergency shelter, the jurisdiction shall
13 have met or exceeded the need for emergency shelter,as identified
14 pursuant to paragraph(7)of subdivision(a)of Section 65583.Any
15 disapproval or conditional approval pursuant to this paragraph
16 shall be in accordance with applicable law, rule, or standards.
17 (2) The housing development project or emergency shelter as
18 proposed would have a specific, adverse impact upon the public
19 health or safety, and there is no feasible method to satisfactorily
20 mitigate or avoid the specific, adverse impact without rendering
21 the development unaffordable to low- and moderate-income
22 households or rendering the development of the emergency shelter
23 financially infeasible. As used in this paragraph, a "specific,
24 adverse impact" means a significant, quantifiable, direct, and
25 unavoidable impact, based on objective, identified written public
26 health or safety standards, policies, or conditions as they existed
27 on the date the application was deemed complete. The following
28 shall not constitute a specific, adverse impact upon the public
29 health or safety:
30 (A) Inconsistency with the zoning ordinance or general plan
31 land use designation.
32 (B) The eligibility to claim a welfare exemption under
33 subdivision(g)of Section 214 of the Revenue and Taxation Code.
34 (3) The denial of the housing development project or imposition
35 of conditions is required in order to comply with specific state or
36 federal law, and there is no feasible method to comply without
37 rendering the development unaffordable to low- and
38 moderate-income households or rendering the development of the
39 emergency shelter financially infeasible.
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1 (4) The housing development project or emergency shelter is
2 proposed on land zoned for agriculture or resource preservation
3 that is surrounded on at least two sides by land being used for
4 agricultural or resource preservation purposes, or which does not
5 have adequate water or wastewater facilities to serve the project.
6 (5) The housing development project or emergency shelter is
7 inconsistent with both the jurisdiction's zoning ordinance and
8 general plan land use designation as specified in any element of
9 the general plan as it existed on the date the application was
10 deemed complete, and the jurisdiction has adopted a revised
11 housing element in accordance with Section 65588 that is in
12 substantial compliance with this article. For purposes of this
13 section, a change to the zoning ordinance or general plan land use
14 designation subsequent to the date the application was deemed
15 complete shall not constitute a valid basis to disapprove or
16 condition approval of the housing development project or
17 emergency shelter.
18 (A) This paragraph cannot be utilized to disapprove or
19 conditionally approve a housing development project if the housing
20 development project is proposed on a site that is identified as
21 suitable or available for very low, low-, or moderate-income
22 households in the jurisdiction's housing element, and consistent
23 with the density specified in the housing element, even though it
24 is inconsistent with both the jurisdiction's zoning ordinance and
25 general plan land use designation.
26 (B) If the local agency has failed to identify in the inventory of
27 land in its housing element sites that can be developed for housing
28 within the planning period and are sufficient to provide for the
29 jurisdiction's share of the regional housing need for all income
30 levels pursuant to Section 65584, then this paragraph shall not be
31 utilized to disapprove or conditionally approve a housing
32 development project proposed for a site designated in any element
33 of the general plan for residential uses or designated in any element
34 of the general plan for commercial uses if residential uses are
35 permitted or conditionally permitted within commercial
36 designations. In any action in court, the burden of proof shall be
37 on the local agency to show that its housing element does identify
38 adequate sites with appropriate zoning and development standards
39 and with services and facilities to accommodate the local agency's
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AB 1886 —22—
1 share of the regional housing need for the very low, low-, and
2 moderate-income categories.
3 (C) If the local agency has failed to identify a zone or zones
4 where emergency shelters are allowed as a permitted use without
5 a conditional use or other discretionary permit, has failed to
6 demonstrate that the identified zone or zones include sufficient
7 capacity to accommodate the need for emergency shelter identified
8 in paragraph (7) of subdivision(a) of Section 65583, or has failed
9 to demonstrate that the identified zone or zones can accommodate
10 at least one emergency shelter, as required by paragraph (4) of
11 subdivision (a) of Section 65583, then this paragraph shall not be
12 utilized to disapprove or conditionally approve an emergency
13 shelter proposed for a site designated in any element of the general
14 plan for industrial,commercial,or multifamily residential uses.In
15 any action in court,the burden of proof shall be on the local agency
16 to show that its housing element does satisfy the requirements of
17 paragraph (4) of subdivision (a) of Section 65583.
18 (e) Nothing in this section shall be construed to relieve the local
19 agency from complying with the congestion management program
20 required by Chapter 2.6 (commencing with Section 65088) of
21 Division 1 of Title 7 or the California Coastal Act of 1976
22 (Division 20 (commencing with Section 30000) of the Public
23 Resources Code). Neither shall anything in this section be
24 construed to relieve the local agency from making one or more of
25 the findings required pursuant to Section 21081 of the Public
26 Resources Code or otherwise complying with the California
27 Environmental Quality Act(Division 13 (commencing with Section
28 21000) of the Public Resources Code).
29 (f) (1) Except as provided in subdivision (o), nothing in this
30 section shall be construed to prohibit a local agency from requiring
31 the housing development project to comply with objective,
32 quantifiable, written development standards, conditions, and
33 policies appropriate to, and consistent with, meeting the
34 jurisdiction's share of the regional housing need pursuant to Section
35 65584. However, the development standards, conditions, and
36 policies shall be applied to facilitate and accommodate
37 development at the density permitted on the site and proposed by
38 the development.
39 (2) Except as provided in subdivision(o),nothing in this section
40 shall be construed to prohibit a local agency from requiring an
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1 emergency shelter project to comply with objective, quantifiable,
2 written development standards, conditions, and policies that are
3 consistent with paragraph(4) of subdivision(a) of Section 65583
4 and appropriate to, and consistent with,meeting the jurisdiction's
5 need for emergency shelter, as identified pursuant to paragraph
6 (7)of subdivision(a)of Section 65583.However,the development
7 standards, conditions, and policies shall be applied by the local
8 agency to facilitate and accommodate the development of the
9 emergency shelter project.
10 (3) Except as provided in subdivision(o),nothing in this section
11 shall be construed to prohibit a local agency from imposing fees
12 and other exactions otherwise authorized by law that are essential
13 to provide necessary public services and facilities to the housing
14 development project or emergency shelter.
15 (4) For purposes of this section,a housing development project
16 or emergency shelter shall be deemed consistent, compliant, and
17 in conformity with an applicable plan,program,policy,ordinance,
18 standard, requirement, or other similar provision if there is
19 substantial evidence that would allow a reasonable person to
20 conclude that the housing development project or emergency
21 shelter is consistent, compliant, or in conformity.
22 (g) This section shall be applicable to charter cities because the
23 Legislature finds that the lack of housing, including emergency
24 shelter, is a critical statewide problem.
25 (h) The following definitions apply for the purposes of this
26 section:
27 (1) "Feasible" means capable of being accomplished in a
28 successful manner within a reasonable period of time,taking into
29 account economic,environmental,social,and technological factors.
30 (2) "Housing development project" means a use consisting of
31 any of the following:
32 (A) Residential units only.
33 (B) Mixed-use developments consisting of residential and
'34 nonresidential uses with at least two-thirds of the square footage
35 designated for residential use.
36 (C) Transitional housing or supportive housing.
37 (3) "Housing for very low, low-, or moderate-income
38 households" means that either (A) at least 20 percent of the total
39 units shall be sold or rented to lower income households,as defined
40 in Section 50079.5 of the Health and Safety Code, or (B) 100
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1 percent of the units shall be sold or rented to persons and families
2 of moderate income as defined in Section 50093 of the Health and
3 Safety Code,or persons and families of middle income,as defined
4 in Section 65008 of this code. Housing units targeted for lower
5 income households shall be made available at a monthly housing
6 cost that does not exceed 30 percent of 60 percent of area median
7 income with adjustments for household size made in accordance
8 with the adjustment factors on which the lower income eligibility
9 limits are based. Housing units targeted for persons and families
10 of moderate income shall be made available at-a monthly housing
11 cost that does not exceed 30 percent of 100 percent of area median
12 income with adjustments for household size made in accordance
13 with the adjustment factors on which the moderate-income
14 eligibility limits are based.
15 (4) "Area median income" means area median income as
16 periodically established by the Department of Housing and
17 Community Development pursuant to Section 50093 of the Health
18 and Safety Code. The developer shall provide sufficient legal
19 commitments to ensure continued availability of units for very low
20 or low-income households in accordance with the provisions of
21 this subdivision for 30 years.
22 (5) Notwithstanding any other law, until January 1, 2030,
23 "deemed complete" means that the applicant has submitted a
24 preliminary application pursuant to Section 65941.1 or, if the
25 applicant has not submitted a preliminary application, has
26 submitted a complete application pursuant to Section 65943.
27 (6) "Disapprove the housing development project"includes any
28 instance in which a local agency does any of the following:
29 (A) Votes on a proposed housing development project
30 application and the application is disapproved, including any
31 required land use approvals or entitlements necessary for the
32 issuance of a building permit.
33 (B) Fails to comply with the time periods specified in
34 subdivision (a) of Section 65950. An extension of time pursuant
35 to Article 5 (commencing with Section 65950) shall be deemed to
36 be an extension of time pursuant to this paragraph.
37 (C) Fails to meet the time limits specified in Section 65913.3.
38 (D) (i) Fails to make a determination of whether the project is
39 exempt from the California Environmental Quality Act (Division
40 13 (commencing with Section 21000) of the Public Resources
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1 Code), or commits an abuse of discretion, as defined in this
2 subparagraph, if all of the following conditions are satisfied:
3 (I) There is substantial evidence in the record before the local
4 agency that the housing development project is not located in either
5 of the following:
6 (ia) On a site specified in subparagraphs (A) to (C), inclusive,
7 or subparagraphs (E) to (K), inclusive, of paragraph (6) of
8 subdivision (a) of Section 65913.4.
9 (ib) Within a very high fire hazard severity zone,as determined
10 by the Department of Forestry and Fire Protection pursuant to
11 Section 51178, or within a high or very high fire hazard severity
12 zone as indicated on maps adopted by the Department of Forestry
13 and Fire Protection pursuant to Section 4202 of the Public
14 Resources Code.
15 (II) The housing development project is located on a legal parcel
16 or parcels within an urbanized area and meets one or more of the
17 following criteria:
18 (ia) The housing development project is located within one-half
19 mile walking distance to either a high-quality transit corridor or a
20 major transit stop.
21 (ib) The housing development project is located in a very low
22 vehicle travel area.
23 (ic) The housing development project is proximal to six or more
24 amenities pursuant to subclause (IV) of clause (ii) as of the date
25 of submission of the application for the project.
26 (id) Parcels that are developed with urban uses adjoin at least
27 75 percent of the perimeter of the project site or at least three sides
28 of a four-sided project site. For purposes of this clause, parcels
29 that are only separated by a street or highway shall be considered
30 to be adjoined.
31 (III) The density of the housing development project meets or
32 exceeds 15 dwelling units per acre.
33 (IV) Both of the following criteria are met:
34 (ia) There is substantial evidence in the record before the local
35 agency that the housing development project is eligible for an
36 exemption sought by the applicant.
37 (ib) If the exemption sought by the applicant is subject to an
38 exception under the Guidelines for Implementation of the
39 California Environmental Quality Act (Chapter 3 (commencing
40 with Section 15000) of Division 6 of Title 14 of the California
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1 Code of Regulations), there is substantial evidence in the record
2 before the local agency that the application of that categorical
3 exemption is not barred by one of the exceptions set forth in
4 Section 15300.2 of those guidelines.
5 (V) (ia) The applicant has given timely written notice to the
6 local agency of the action or inaction that the applicant believes
7 constitutes a failure to make a determination or an abuse of
8 discretion, as defined in this subparagraph, and the local agency
9 did not make a lawful determination within 90 days of the
10 applicant's written notice. The applicant's written notice shall
11 contain all of the following:
12 (Ia) The information specified in paragraphs (1), (2), (5), and
13 (6)of subdivision(a)of Section 15062 of Title 14 of the California
14 Code of Regulations.
15 (lb) A citation to the section of Title 14 of the California Code
16 of Regulations or the statute under which the applicant asserts that
17 the project is exempt.
18 (Ic) A brief statement of reasons supporting the assertion that
19 the project is exempt.
20 (Id) A copy of the excerpts from the record constituting
21 substantial evidence that the criteria of subclauses (I) to (IV),
22 inclusive, are satisfied.
23 (ib) Within five working days of receiving the applicant's
24 written notice required by sub-subclause (ia), the local agency
25 shall file the notice with the county clerk of each county in which
26 the project will be located. The county clerk shall post the notice
27 and make it available for public inspection in the manner set forth
28 in subdivision(c)of Section 21152 of the Public Resources Code.
29 Compliance with this sub-subclause is not a condition that must
30 be satisfied in order to find that the local agency has disapproved
31 the housing development project under this subparagraph.
32 (ic) The local agency may, by providing a written response to
33 the applicant within 90 additional days of the applicant's written
34 notice, extend the time period to make a lawful determination by
35 no more than 90 days if the extension is necessary to determine if
36 there is substantial evidence in the record that the housing
37 development project is eligible for the exemption sought by the
38 applicant.
39 (id) If the local agency has given the applicant written notice
40 of the local agency's determination that the project is not exempt,
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1 the applicant's notice shall be deemed timely if and only if it is
2 delivered to the local agency within 35 days of the date that the
3 local agency gave the applicant notice of the local agency's
4 determination.
5 (ie) If the local agency has not given the applicant the written
6 notice described in sub-subclause(id),the applicant's notice shall
7 be deemed timely if given after 60 days from the date on which
8 the project application has been received and accepted as complete
9 by the lead agency, or 60 days from the date on which the project
10 application has been determined or deemed to be complete within
11 the meaning of Section 65943, whichever is earlier.
12 (ii) For purposes of this subparagraph,the following definitions
13 apply:
14 (I) "Abuse of discretion" means that the conditions set forth in
15 subclauses (I) to (IV),inclusive, of clause (i) are satisfied,but the
16 local agency does not determine that the project is exempt from
17 the California Environmental Quality Act (Division 13
18 (commencing with Section 21000)of the Public Resources Code).
19 This subclause sets forth the exclusive definition of "abuse of
20 discretion" for purposes of this subparagraph.
21 (II) "High-quality transit corridor"has the same meaning defined
22 in subdivision(b)of Section 21155 of the Public Resources Code.
23 (III) "Major transit stop" has the same meaning as defined in
24 Section 21064.3 of the Public Resources Code.
25 (IV) "Proximal" to an amenity means either of the following:
26 (ia) Within one-half mile of either of the following amenities:
27 (Ia) A bus station.
28 (lb) A ferry terminal.
29 (ib) Within one mile, or for a parcel in a rural area, as defined
30 in Section 50199.21 of the Health and Safety Code, within two
31 miles, of any of the following amenities:
32 (Ia) A supermarket or grocery store.
33 (lb) A public park.
34 (Ic) A community center.
35 (Id) A pharmacy or drugstore.
36 (Ie) A medical clinic or hospital.
37 (If) A public library.
38 (Ig) A school that maintains a kindergarten or any of grades 1
39 to 12, inclusive.
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1 (V) "Urbanized area" has the same meaning as defined in
2 Section 21071 of the Public Resources Code.
3 (VI) (ia) "Very low vehicle travel area" means an urbanized
4 area,as designated by the United States Census Bureau,where the
5 existing residential development generates vehicle miles traveled
6 per capita that is below 85 percent of either regional vehicle miles
7 traveled per capita or city vehicle miles traveled per capita.
8 (ib) For purposes of sub-subclause (ia), "area" may include a
9 travel analysis zone, hexagon, or grid.
10 (ic) For the purposes of determining "regional vehicle miles
11 traveled per capita" pursuant to sub-subclause (ia), a "region" is
12 the entirety of incorporated and unincorporated areas governed by
13 a multicounty or single-county metropolitan planning organization,
14 or the entirety of the incorporated and unincorporated areas of an
15 individual county that is not part of a metropolitan planning
16 organization.
17 (iii) This subparagraph shall not be construed to require a local
18 agency to determine that a project is exempt if,on the record before
19 the local agency, the project is not eligible for exemption.
20 (iv) This subparagraph shall become inoperative on January 1,
21 .2031.
22 (E) Fails to adopt a negative declaration or addendum for the
23 project, to certify an environmental impact report for the project,
24 or to approve another comparable environmental document, such
25 as a sustainable communities environmental assessment pursuant
26 to Section 21155.2 of the Public Resources Code, as required
27 pursuant to the California Environmental Quality Act (Division
28 13 (commencing with Section 21000) of the Public Resources
29 Code), if all of the following conditions are satisfied:
30 (i) There is substantial evidence in the record before the local
31 agency that the site of the housing development project is not
32 located on either of the following:
33 (I) On a site specified in subparagraphs (A) to (C), inclusive,
34 or subparagraphs (E) to (K), inclusive, of paragraph (6) of
35 subdivision (a) of Section 65913.4.
36 (II) Within a very high fire hazard severity zone, as determined
37 by the Department of Forestry and Fire Protection pursuant to
38 Section 51178, or within a high or very high fire hazard severity
39 zone as indicated on maps adopted by the Department of Forestry
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1 and Fire Protection pursuant to Section 4202 of the Public
2 Resources Code.
3 (ii) The housing development project is located on a legal parcel
4 or parcels within an urbanized area and meets one or more of the
5 following criteria:
6 (I) The housing development project is located within one-half
7 mile walking distance to either a high-quality transit corridor or a
8 major transit stop.
9 (II) The housing development project is located in a very low
10 vehicle travel area.
11 (III) The housing development project is proximal to six or more
12 amenities pursuant to subclause (IV) of clause (vii) as of the date
13 of submission of the application for the project.
14 (IV) Parcels that are developed with urban uses adjoin at least
15 75 percent of the perimeter of the project site or at least three sides
16 of a four-sided project site. For purposes of this clause, parcels
17 that are only separated by a street or highway shall be considered
18 to be adjoined.
19 (iii) The density of the housing development project meets or
20 exceeds 15 dwelling units per acre.
21 (iv) There has been prepared a negative declaration,addendum,
22 environmental impact report,or comparable environmental review
23 document that,if duly adopted, approved, or certified by the local
24 agency, would satisfy the requirements of the California
25 Environmental Quality Act(Division 13(commencing with Section
26 21000) of the Public Resources Code)with respect to the project.
27 (v) The local agency or a body or official to which the agency
28 has delegated authority to adopt, approve, or certify the negative
29 declaration addendum,environmental impact report,or comparable
30 environmental review document has held a meeting at which
31 adoption, approval, or certification of the environmental review
32 document was on the agenda and the environmental review
33 document could have been adopted, approved, or certified, as
34 applicable, but the agency did either of the following:
35 (I) Committed an abuse of discretion, as defined in this
36 subparagraph.
37 (II) Failed to decide whether to require further study or to adopt,
38 approve, or certify the environmental document.
39 (vi) (I) The applicant has given timely written notice to the
40 local agency of the action or inaction that the applicant believes
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1 constitutes a failure to decide or an abuse of discretion, and the
2 local agency did not make a lawful determination about whether
3 to adopt, approve, or certify the environmental review document
4 within 90 days of the applicant's written notice. The applicant's
5 written notice shall include a copy of those excerpts from the record
6 that constitute substantial evidence that the criteria of clauses (i)
7 to (iv), inclusive, are satisfied.
8 (II) If the local agency has voted to require further study,rather •
9 than adopting, approving, or certifying the negative declaration,
10 addendum, environmental impact report, or comparable
11 environmental review document in the form it was presented for
12 the agency's consideration,the applicant's notice shall be deemed
13 timely if and only if it is delivered to the local agency within 35
14 days of the date that the local agency gave written notice of its
15 decision to the applicant.
16 (III) If the local agency has not voted to require further study,
17 rather than adopting, approving, or certifying the negative
18 declaration,addendum,environmental impact report,or comparable
19 environmental review document in the form it was presented for
20 the agency's consideration,the applicant's notice shall be deemed
21 timely if given after the time period specified in Section 21151.5
22 of the Public Resources Code or another applicable provision of
23 that code for completing the addendum, negative declaration,
24 environmental impact report, or other comparable environmental
25 review document,as applicable,has passed.If the Public Resources
26 Code does not specifically describe the deadline to complete the
27 applicable environmental document, a 180-day deadline is the
28 applicable time period.
29 (vii) For purposes of this subparagraph,the following definitions
30 apply:
31 (I) (ia) "Abuse of discretion" means either of the following:
32 (Ia) If the local agency fails to adopt a negative declaration,
33 "abuse of discretion"means that the agency,in bad faith or without
34 substantial evidence in the record to support a fair argument that
35 further environmental study is necessary to identify or analyze
36 potentially significant impacts on the physical environment,
37 decided to require further environmental study rather than adopting
38 the negative declaration.
39 (lb) If the local agency fails to adopt an addendum for the
40 project, certify an environmental impact report for the project, or
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1 approve another comparable environmental document, "abuse of
2 discretion" means that the agency, in bad faith or without
3 substantial evidence in the record that further environmental study
4 is legally required to identify or analyze potentially significant
5 impacts on the physical environment, decided to require further
6 environmental study rather than adopting,approving,or certifying
7 the environmental review document.
8 (ib) This subclause sets forth the exclusive definition of"abuse
9 of discretion" for purposes of this subparagraph.
10 (II) "High-quality transit corridor"has the same meaning defined
11 in subdivision(b)of Section 21155 of the Public Resources Code.
12 (III) "Major transit stop" has the same meaning as defined in
13 Section 21064.3 of the Public Resources Code.
14 (IV) "Proximal" to an amenity means either of the following:
15 (ia) Within one-half mile of either of the following amenities:
16 (Ia) A bus station.
17 (lb) A ferry terminal. •
18 (ib) Within one mile, or for a parcel in a rural area, as defined
19 in Section 50199.21 of the Health and Safety Code, within two
20 miles, of any of the following amenities:
21 (Ia) A supermarket or grocery store.
22 (lb) A public park.
23 (Ic) A community center.
24 (Id) A pharmacy or drugstore.
25 (Ie) A medical clinic or hospital.
26 (If) A public library.
27 (Ig) A school that maintains a kindergarten or any of grades 1
28 to 12, inclusive.
29 (V) "Urbanized area" has the same meaning as defined in
30 Section 21071 of the Public Resources Code.
31 (VI) (ia) "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.
36 (ib) For purposes of sub-subclause (ia), "area" may include a
37 travel analysis zone, hexagon, or grid.
38 (ic) For the purposes of determining "regional vehicle miles
39 traveled per capita" pursuant to sub-subclause (ia), a "region" is
40 the entirety of incorporated and unincorporated areas governed by
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1 a multicounty or single-county metropolitan planning organization,
2 or the entirety of the incorporated and unincorporated areas of an
3 individual county that is not part of a metropolitan planning
4 organization.
5 (viii) This subparagraph shall become inoperative on January
6 1, 2031.
7 (7) (A) For purposes of this section, "lawful determination"
8 means any final decision about whether to approve or disapprove
9 a statutory or categorical exemption or a negative declaration,
10 addendum, environmental impact report, or comparable
11 environmental review document under the California
12 Environmental Quality Act(Division 13(commencing with Section
13 21000) of the Public Resources Code) that is not an abuse of
14 discretion, as defined in clause (ii) of subparagraph (D) of
15 paragraph(6)or clause(vii)of subparagraph(E)of paragraph(6).
16 (B) This paragraph shall become inoperative on January 1,2031.
17 (8) "Lower density"includes any conditions that have the same
18 effect or impact on the ability of the project to provide housing.
19 (9) Until January 1, 2030, "objective" means involving no
20 personal or subjective judgment by a public official and being
21 uniformly verifiable by reference to an external and uniform
22 benchmark or criterion available and knowable by both the
23 development applicant or proponent and the public official.
24 (10) Notwithstanding any other law, until January 1, 2030,
25 "determined to be complete"means that the applicant has submitted
26 a complete application pursuant to Section 65943.
27 (i) If any city, county, or city and county denies approval or
28 imposes conditions, including design changes, lower density, or
29 a reduction of the percentage of a lot that may be occupied by a
30 building or structure under the applicable planning and zoning in
31 force at the time the housing development project's application is
32 complete, that have a substantial adverse effect on the viability or
33 affordability of a housing development for very low, low-, or
34 moderate-income households, and the denial of the development
35 or the imposition of conditions on the development is the subject
36 of a court action which challenges the denial or the imposition of
37 conditions,then the burden of proof shall be on the local legislative
38 body to show that its decision is consistent with the findings as
39 described in subdivision (d), and that the findings are supported
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1 by a preponderance of the evidence in the record, and with the
2 requirements of subdivision(o).
3 (j) (1) When a proposed housing development project complies
4 with applicable, objective general plan, zoning, and subdivision
5 standards and criteria,including design review standards,in effect
6 at the time that the application was deemed complete,but the local
7 agency proposes to disapprove the project or to impose a condition
8 that the project be developed at a lower density, the local agency
9 shall base its decision regarding the proposed housing development
10 project upon written findings supported by a preponderance of the
11 evidence on the record that both of the following conditions exist:
12 (A) The housing development project would have a specific,
13 adverse impact upon the public health or safety unless the project
14 is disapproved or approved upon the condition that the project be
15 developed at a lower density.As used in this paragraph,a"specific,
16 adverse impact" means a significant, quantifiable, direct, and
17 unavoidable impact, based on objective, identified written public
18 health or safety standards, policies, or conditions as they existed
19 on the date the application was deemed complete.
20 (B) There is no feasible method to satisfactorily mitigate or
21 avoid the adverse impact identified pursuant to paragraph(1),other
22 than the disapproval of the housing development project or the
23 approval of the project upon the condition that it be developed at
24 a lower density.
25 (2) (A) If the local agency considers a proposed housing
26 development project to be inconsistent, not in compliance, or not
27 in conformity with an applicable plan,program,policy,ordinance,
28 standard, requirement, or other similar provision as specified in
29 this subdivision, it shall provide the applicant with written
30 documentation identifying the provision or provisions, and an
31 explanation of the reason or reasons it considers the housing
32 development to be inconsistent, not in compliance, or not in
33 conformity as follows:
34 (i) Within 30 days of the date that the application for the housing
35 development project is determined to be complete, if the housing
36 development project contains 150 or fewer housing units.
37 (ii) Within 60 days of the date that the application for the
38 housing development project is determined to be complete, if the
39 housing development project contains more than 150 units.
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1 (B) If the local agency fails to provide the required
2 documentation pursuant to subparagraph (A), the housing
3 development project shall be deemed consistent, compliant, and
4 in conformity with the applicable plan,program,policy,ordinance,
5 standard, requirement, or other similar provision.
6 (3) For purposes of this section, the receipt of a density bonus,
7 incentive, concession, waiver, or reduction of development
8 standards pursuant to Section 65915 shall not constitute a valid
9 basis on which to find a proposed housing development project is
10 inconsistent, not in compliance, or not in conformity, with an
11 applicable plan,program,policy,ordinance,standard,requirement,
12 or other similar provision specified in this subdivision.
13 (4) For purposes of this section,a proposed housing development
14 project is not inconsistent with the applicable zoning standards
15 and criteria, and shall not require a rezoning, if the housing
16 development project is consistent with the objective general plan
17 standards and criteria but the zoning for the project site is
18 inconsistent with the general plan.If the local agency has complied
19 with paragraph (2), the local agency may require the proposed
20 housing development project to comply with the objective
21 standards and criteria of the zoning which is consistent with the
22 general plan, however, the standards and criteria shall be applied
23 to facilitate and accommodate development at the density allowed
24 on the site by the general plan and proposed by the proposed
25 housing development project.
26 (k) (1) (A) (i) The applicant, a person who would be eligible
27 to apply for residency in the housing development project or
28 emergency shelter, or a housing organization may bring an action
29 to enforce this section. If, in any action brought to enforce this
30 section, a court finds that any of the following are met, the court
31 shall issue an order pursuant to clause (ii):
32 (I) The local agency,in violation of subdivision(d),disapproved
33 a housing development project or conditioned its approval in a
34 manner rendering it infeasible for the development of an emergency
35 shelter, or housing for very low, low-, or moderate-income
36 households, including farmworker housing, without making the
37 findings required by this section or without making findings
38 supported by a preponderance of the evidence.
39 (II) The local agency,in violation of subdivision(j),disapproved
40 a housing development project complying with applicable,
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1 objective general plan and zoning standards and criteria,or imposed
2 a condition that the project be developed at a lower density,without
3 making the findings required by this section or without making
4 findings supported by a preponderance of the evidence.
5 (III) (ia) Subject to sub-subclause (ib), the local agency, in
6 violation of subdivision (o), required or attempted to require a
7 housing development project to comply with an ordinance,policy,
8 or standard not adopted and in effect when a preliminary
9 application was submitted.
10 (ib) This subclause shall become inoperative on January 1,2030.
11 (ii) If the court finds that one of the conditions in clause (i) is
12 met, the court shall issue an order or judgment compelling
13 compliance with this section within 60 days, including, but not
14 limited to,an order that the local agency take action on the housing
15 development project or emergency shelter. The court may issue
16 an order or judgment directing the local agency to approve the
17 housing development project or emergency shelter if the court
18 finds that the local agency acted in bad faith when it disapproved
19 or conditionally approved the housing development or emergency
20 shelter in violation of this section.The court shall retain jurisdiction
21 to ensure that its order or judgment is carried out and shall award
22 reasonable attorney's fees and costs of suit to the plaintiff or
23 petitioner, provided, however, that the court shall not award
24 attorney's fees in either of the following instances:
25 (I) The court finds, under extraordinary circumstances, that
26 awarding fees would not further the purposes of this section.
27 (II) (ia) In a case concerning a disapproval within the meaning
28 of subparagraph(D)or(E)of paragraph(6)of subdivision(h),the
29 court finds that the local agency acted in good faith and had
30 reasonable cause to disapprove the housing development project
31 due to the existence of a controlling question of law about the
32 application of the California Environmental Quality Act(Division
33 13 (commencing with Section 21000) of the Public Resources
34 Code) or implementing guidelines as to which there was a
35 substantial ground for difference of opinion at the time of the
36 disapproval.
37 (ib) This subclause shall become inoperative on January 1,2031.
38 (B) Upon a determination that the local agency has failed to
39 comply with the order or judgment compelling compliance with
40 this section within 60 days issued pursuant to subparagraph (A),
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1 the court shall impose fines on a local agency that has violated this
2 section and require the local agency to deposit any fine levied
3 pursuant to this subdivision into a local housing trust fund. The
4 local agency may elect to instead deposit the fine into the Building
5 Homes and Jobs Trust Fund. The fine shall be in a minimum
6 amount of ten thousand dollars ($10,000) per housing unit in the
7 housing development project on the date the application was
8 deemed complete pursuant to Section 65943. In determining the
9 amount of fine to impose, the court shall consider the local
10 agency's progress in attaining its target allocation of the regional
11 housing need pursuant to Section 65584 and any prior violations
12 of this section. Fines shall not be paid out of funds already
13 dedicated to affordable housing,including,but not limited to,Low
14 and Moderate Income Housing Asset Funds, funds dedicated to
15 housing for very low,low-,and moderate-income households,and
16 federal HOME Investment Partnerships Program and Community
17 Development Block Grant Program funds. The local agency shall
18 commit and expend the money in the local housing trust fund
19 within five years for the sole purpose of financing newly
20 constructed housing units affordable to extremely low, very low,
21 or low-income households.After five years, if the funds have not
22 been expended,the money shall revert to the state and be deposited
23 in the Building Homes and Jobs Trust Fund for the sole purpose
24 of financing newly constructed housing units affordable to
25 extremely low, very low, or low-income households.
26 (C) If the court determines that its order or judgment has not
27 been carried out within 60 days,the court may issue further orders
28 as provided by law to ensure that the purposes and policies of this
29 section are fulfilled,including,but not limited to,an order to vacate
30 the decision of the local agency and to approve the housing
31 development project,in which case the application for the housing
32 development project, as proposed by the applicant at the time the
33 local agency took the initial action determined to be in violation
34 of this section, along with any standard conditions determined by
35 the court to be generally imposed by the local agency on similar
36 projects, shall be deemed to be approved unless the applicant
37 consents to a different decision or action by the local agency.
38 (2) For purposes of this subdivision, "housing organization"
39 means a trade or industry group whose local members are primarily
40 engaged in the construction or management of housing units or a
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1 nonprofit organization whose mission includes providing or
2 advocating for increased access to housing for low-income
3 households and have filed written or oral comments with the local
4 agency prior to action on the housing development project. A
5 housing organization may only file an action pursuant to this
6 section to challenge the disapproval of a housing development by
7 a local agency. A housing organization shall be entitled to
8 reasonable attorney's fees and costs if it is the prevailing party in
9 an action to enforce this section.
10 (l) If the court finds that the local agency (1) acted in bad faith
11 when it disapproved or conditionally approved the housing
12 development or emergency shelter in violation of this section and
13 (2)failed to carry out the court's order or judgment within 60 days
14 as described in subdivision (k), the court, in addition to any other
15 remedies provided by this section, shall multiply the fine
16 determined pursuant to subparagraph (B) of paragraph (1) of
17 subdivision (k) by a factor of five. For purposes of this section,
18 "bad faith"includes,but is not limited to,an action that is frivolous
19 or otherwise entirely without merit.
20 (m) (1) Any action brought to enforce the provisions of this
21 section shall be brought pursuant to Section 1094.5 of the Code
22 of Civil Procedure, and the local agency shall prepare and certify
23 the record of proceedings in accordance with subdivision (c) of
24 Section 1094.6 of the Code of Civil Procedure no later than 30
25 days after the petition is served, provided that the cost of
26 preparation of the record shall be borne by the local agency,unless
27 the petitioner elects to prepare the record as provided in subdivision
28 (n) of this section. A petition to enforce the provisions of this
29 section shall be filed and served no later than 90 days from the
30 later of (1) the effective date of a decision of the local agency
31 imposing conditions on,disapproving,or any other final action on
32 a housing development project or (2) the expiration of the time
33 periods specified in subparagraph (B) of paragraph (5) of
34 subdivision (h). Upon entry of the trial court's order, a party may,
35 in order to obtain appellate review of the order, file a petition
36 within 20 days after service upon it of a written notice of the entry
37 of the order,or within such further time not exceeding an additional
38 20 days as the trial court may for good cause allow,or may appeal
39 the judgment or order of the trial court under Section 904.1 of the
40 Code of Civil Procedure.If the local agency appeals the judgment
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1 of the trial court, the local agency shall post a bond, in an amount
2 to be determined by the court, to the benefit of the plaintiff if the
3 plaintiff is the project applicant.
4 (2) (A) A disapproval within the meaning of subparagraph(D)
5 of paragraph (6) of subdivision (h) shall be final for purposes of
6 this subdivision, if the local agency did not make a lawful
7 determination within the time period set forth in subclause (V) of
8 clause(i) of that subparagraph after the applicant's timely written
9 notice.
10 (B) This paragraph shall become inoperative on January 1,2031.
11 (3) (A) A disapproval within the meaning of subparagraph (E)
12 of paragraph (6) of subdivision (h) shall be final for purposes of
13 this subdivision, if the local agency did not make a lawful
14 determination within 90 days of the applicant's timely written
15 notice.
16 (B) This paragraph shall become inoperative on January 1,2031.
17 (n) In any action,the record of the proceedings before the local
18 agency shall be filed as expeditiously as possible and,
19 notwithstanding Section 1094.6 of the Code of Civil Procedure or
20 subdivision (m) of this section, all or part of the record may be
21 prepared(1)by the petitioner with the petition or petitioner's points
22 and authorities,(2)by the respondent with respondent's points and
23 authorities, (3) after payment of costs by the petitioner, or (4) as
24 otherwise directed by the court. If the expense of preparing the
25 record has been borne by the petitioner and the petitioner is the
26 prevailing party, the expense shall be taxable as costs.
27 (o) (1) (A) Subject to paragraphs (2), (6), and (7), and
28 subdivision(d)of Section 65941.1,a housing development project
29 shall be subject,only to the ordinances, policies, and standards
30 adopted and in effect when a preliminary application including all
31 of the information required by subdivision (a) of Section 65941.1
32 was submitted.
33 (B) For purposes of a local agency's approval, conditional
34 approval,or disapproval of a housing development project pursuant
35 to subdivision (d), a housing element or amendment shall be
36 considered in substantial compliance with this article only if the
37 element or amendment was in substantial compliance, as
38 determined by the department or a court of competent jurisdiction,
39 when a preliminary application, including all of the information
40 required by subdivision (a) of Section 65941.1, was submitted or,
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1 if a preliminary application was not submitted, when a complete
2 application pursuant to Section 65943 was submitted. This
3 subparagraph does not constitute a change in, but is declaratory
4 of, existing law.
5 (2) Paragraph (1) shall not prohibit a housing development
6 project from being subject to ordinances, policies, and standards
7 adopted after the preliminary application was submitted pursuant
8 to Section 65941.1 in the following circumstances:
9 (A) In the case of a fee, charge, or other monetary exaction, to
10 an increase resulting from an automatic annual adjustment based
11 on an independently published cost index that is referenced in the
12 ordinance or resolution establishing the fee or other monetary
13 exaction.
14 (B) A preponderance of the evidence in the record establishes
15 that subjecting the housing development project to an ordinance,
16 policy, or standard beyond those in effect when a preliminary
17 application was submitted is necessary to mitigate or avoid a
18 specific,adverse impact upon the public health or safety,as defined
19 in subparagraph (A) of paragraph(1) of subdivision (j), and there
20 is no feasible alternative method to satisfactorily mitigate or avoid
21 the adverse impact.
22 (C) Subjecting the housing development project to an ordinance,
23 policy,standard,or any other measure,beyond those in effect when
24 a preliminary application was submitted is necessary to avoid or
25 substantially lessen an impact of the project under the California
26 Environmental Quality Act(Division 13 (commencing with Section
27 21000) of the Public Resources Code).
28 (D) The housing development project has not commenced
29 construction within two and one-half years, or three and one-half
30 years for an affordable housing project,following the date that the
31 project received final approval.For purposes of this subparagraph:
32 (i) "Affordable housing project"means a housing development
33 that satisfies both of the following requirements:
34 (I) Units within the development are subject to a recorded
35 affordability restriction for at least 55 years for rental housing and
36 45 years for owner-occupied housing,or the first purchaser of each
37 unit participates in an equity sharing agreement as described in
38 subparagraph (C) of paragraph (2) of subdivision (c) of Section
39 65915.
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AB 1886 —40—
1 (II) All of the units within the development,excluding managers'
2 units, are dedicated to lower income households, as defined by
3 Section 50079.5 of the Health and Safety Code.
4 (ii) "Final approval"means that the housing development project
5 has received all necessary approvals to be eligible to apply for,
6 and obtain,a building permit or permits and either of the following
7 is met:
8 (I) The expiration of all applicable appeal periods, petition
9 periods, reconsideration periods, or statute of limitations for
10 challenging that final approval without an appeal,petition,request
11 for reconsideration, or legal challenge having been filed.
12 (II) If a challenge is filed, that challenge is fully resolved or
13 settled in favor of the housing development project.
14 (E) The housing development project is revised following
15 submittal of a preliminary application pursuant to Section 65941.1
16 such that the number of residential units or square footage of
17 construction changes by 20 percent or more, exclusive of any
18 increase resulting from the receipt of a density bonus, incentive,
19 concession,waiver,or similar provision,including any other locally
20 authorized program that offers additional density or other
21 development bonuses when affordable housing is provided. For
22 purposes of this subdivision, "square footage of construction"
23 means the building area, as defined by the California Building
24 Standards Code (Title 24 of the California Code of Regulations).
25 (3) This subdivision does not prevent a local agency from
26 subjecting the additional units or square footage of construction
27 that result from project revisions occurring after a preliminary
28 application is submitted pursuant to Section 65941.1 to the
29 ordinances,policies,and standards adopted and in effect when the
30 preliminary application was submitted.
31 (4) For purposes of this subdivision, "ordinances, policies, and
32 standards" includes general plan, community plan, specific plan,
33 zoning,design review standards and criteria,subdivision standards
34 and criteria, and any other rules, regulations, requirements, and
35 policies of a local agency, as defined in Section 66000, including
36 those relating to development impact fees, capacity or connection
37 fees or charges, permit or processing fees, and other exactions.
38 (5) This subdivision shall not be construed in a manner that
39 would lessen the restrictions imposed on a local agency, or lessen
40 the protections afforded to a housing development project,that are
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—41— AB 1886
1 established by any other law, including any other part of this
2 section.
3 (6) This subdivision shall not restrict the authority of a public
4 agency or local agency to require mitigation measures to lessen
5 the impacts of a housing development project under the California
6 Environmental Quality Act(Division 13 (commencing with Section
7 21000) of the Public Resources Code).
8 (7) With respect to completed residential units for which the
9 project approval process is complete and a certificate of occupancy
10 has been issued, nothing in this subdivision shall limit the
11 application of later enacted ordinances, policies, and standards
12 that regulate the use and occupancy of those residential units,such
13 as ordinances relating to rental housing inspection, rent
14 stabilization, restrictions on short-term renting, and business
15 licensing requirements for owners of rental housing.
16 (8) (A) This subdivision shall apply to a housing development
17 project that submits a preliminary application pursuant to Section
18 65941.1 before January 1, 2030.
19 (B) This subdivision shall become inoperative on January 1,
20 2034.
21 (p) (1) Upon any motion for an award of attorney's fees
22 pursuant to Section 1021.5 of the Code of Civil Procedure, in a
23 case challenging a local agency's approval of a housing
24 development project, a court, in weighing whether a significant
25 benefit has been conferred on the general public or a large class
26 of persons and whether the necessity of private enforcement makes
27 the award appropriate,shall give due weight to the degree to which
28 the local agency's approval furthers policies of this section,
29 including, but not limited to, subdivisions (a), (b), and (c), the
30 suitability of the site for a housing development, and the
31 reasonableness of the decision of the local agency. It is the intent
32 of the Legislature that attorney's fees and costs shall rarely,if ever,
33 be awarded if a local agency, acting in good faith, approved a
34 housing development project that satisfies conditions established
35 in subclauses (I), (II), and (III) of clause (i) of subparagraph (D)
36 of paragraph (6) of subdivision (h) or clauses (i), (ii), and (iii) of
37 subparagraph (E) of paragraph (6) of subdivision (h).
38 (2) This subdivision shall become inoperative on January 1,
39 2031.
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AB 1886 —42—
1 (q) This section shall be known, and may be cited, as the
2 Housing Accountability Act.
3 (r) The provisions of this section are severable.If any provision
4 of this section or its application is held invalid,that invalidity shall
5 not affect other provisions or applications that can be given effect
6 without the invalid provision or application.
7 SEC. 3. No reimbursement is required by this act pursuant to
8 Section 6 of Article XIIIB of the California Constitution because
9 a local agency or school district has the authority to levy service
10 charges, fees, or assessments sufficient to pay for the program or
11 level of service mandated by this act,within the meaning of Section
12 17556 of the Government Code.
•
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(,,,,,,.4"�a��H_ CITY OF HUNTINGTON BEACH
1:. 2000 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA 92648-2702
..:Al.. ,,J R
GRACEY VAN DER MARK
MAYOR
May 8, 2024
Honorable Toni Atkins
California State Senate
1020 O Street, Rm 8610
Sacramento, CA 95814
Re: SB 450—Oppose
Dear Senator Atkins:
On behalf of the City of Huntington Beach, I write in opposition to SB 450, which would, require a
local government to consider and approve an application for a duplex in an area zoned for single-
family homes and lot-splitting of a residentially zoned parcel within 60 days and prohibit that local
government from imposing object standards on a proposed duplex project.
Local control in land use planning and zoning is crucial for ensuring that development aligns with
the unique needs, character, and aspirations of a community. This is paramount for the City of
Huntington Beach. Our local government should retain the ability to shape land-use policies and
our decisions can be tailored to reflect the specific socioeconomic, environmental, and cultural
context of our city. This process fosters greater community engagement and participation,
allowing residents to have a direct voice in shaping the future of their neighborhoods and
promotes responsible growth.
SB 450 exacerbates the breakdown of local control that was authorized with the passage of SB
9 (Atkins, Chapter 162, 2021). SB 450 specifies that any duplex or lot-splitting permit shall be
deemed approved if the city does not respond within 60 days. Moreover, it specifies that we cannot
use a project's adverse impact to deny a project.As we work to review all development permits
expeditiously, we must use our due diligence to guide our decision making, including reviewing
impacts to the surrounding natural and built environment. As a city, it is within our rights and
obligation to do so. Removing this responsibility to respond in the best interests of our residents
is irresponsible.
Ultimately, by decentralizing decision-making authority to the local level, land-use planning and
zoning objectives can better serve the interests of the people they impact, fostering a vibrant and
resilient community. For these reasons, we oppose SB 450.
Sincerely,
c6)VDOvvN1A(Y.VILA4-
Gracey Van Der Mark
Mayor
Cc: Huntington Beach City Council
714.536.5553
•
AMENDED IN ASSEMBLY SEPTEMBER 1, 2023
AMENDED IN SENATE MARCH 16, 2023
SENATE BILL No. 450
Introduced by Senator Atkins
February 13, 2023
An act to amend Sections 65585, 65852.21, and 66411.7 of the
Government Code, relating to land use.
LEGISLATIVE COUNSEL'S DIGEST
SB 450, as amended, Atkins. Housing development: approvals.
(1) The Planning and Zoning Law provides for the creation of
accessory dwelling units by local ordinance, or, if a local agency has
not adopted an ordinance, by ministerial approval, in accordance with
specified standards and conditions.
Existing law requires a proposed housing development containing no
more than 2 residential units within a single-family residential zone to
be considered ministerially, without discretionary review or hearing,if
the proposed housing development meets certain requirements,including
that the proposed housing development does not allow for the demolition
of more than 25% of the existing exterior structural walls, except as
provided. Existing law authorizes a local agency to impose objective
zoning standards,objective subdivision standards,and objective design
standards, as defined, except as specified, on the proposed housing
development.Existing law authorizes a local agency to deny a proposed
housing development if specified conditions are met,including that the
building official makes a written finding that the proposed housing
development project would have a specific,adverse impact upon public
health and safety or the physical environment, as provided.
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SB 450 —2—
This bill would remove the requirement that a proposed housing
development does not allow for the demolition of more than 25% of
the existing exterior structural walls to be considered ministerially.The
bill would prohibit a local agency from imposing objective zoning
standards, objective subdivision standards, and objective design
standards that do not apply uniformly to development within the
underlying zonc. This zone, but would specify that these provisions do
not prohibit a local agency from adopting or imposing objective zoning
standards, objective subdivision standards, and objective design
standards on the development if the standards are more permissive than
applicable standards within the underlying zone. The bill would remove
the authorization for a local agency to deny a proposed housing
development if the building official makes a written finding that the
proposed housing development project would have a specific, adverse
impact upon the physical environment.The bill would require the local
agency to consider and approve or deny the proposed housing
development application within 60 days from the date the local agency
receives the completed application, and would deem the application
approved after that time. The bill would require a permitting agency, •
if it denies an application, to provide a full set of comments to the
applicant with a list of items that are defective or deficient and a
description of how the application can be remedied by the applicant.
(2) The Subdivision Map Act vests the authority to regulate and
control the design and improvement of subdivisions in the legislative
body of a local agency and sets forth procedures governing the local
agency's processing, approval, conditional approval or disapproval,
and filing of tentative, final, and parcel maps, and the modification of
those maps.
Existing law requires a local agency to ministerially approve a parcel
map for an urban lot split that meets certain requirements.Existing law
authorizes a local agency to impose objective zoning standards,objective
subdivision standards,and objective design standards,as defined,except
as specified. Existing law authorizes a local agency to deny an urban
lot split if specified conditions are met, including that the building
official makes a written finding that the proposed housing development
project would have a specific, adverse impact upon public health and
safety or the physical environment, as provided.
This bill would specify that objective zoning standards, objective
subdivision standards, and objective design standards imposed by a
local agency must be related to the design or improvements of a parcel.
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—3— SB 450
This bill would remove the authorization for a local agency to deny a
proposed housing development if the building official makes a written
finding that the proposed housing development project would have a
specific,adverse impact upon the physical environment.The bill would
require the local agency to consider and approve or deny the proposed
housing development application within 60 days from the date the local
agency receives the completed application, and would deem the
application approved after that time.The bill would require a permitting
agency, if it denies an application, to provide a full set of comments to
the applicant with a list of items that are defective or deficient and a
description of how the application can be remedied by the applicant.
(3) 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 requires a planning agency to submit a copy of its draft housing
element or amendments to its housing element to the department for
review, and requires the department to notify the city, city, county, or
city and county if the department finds that the housing element or the
amendment does not substantially comply with or is in violation of
specified statutes.
This bill would add the proposed housing development and urban lot
split provisions described above to the list of statutes the department is
required to notify a city, county, or city and county of when reviewing
a housing element or amendment.
(4) By increasing the duties of local agencies with respect to land
use regulations,the bill would impose a state-mandated local program.
(4) This bill would make additional nonsubstantive and conforming
changes to these provisions.
(5) 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.
(6) By increasing the duties of local agencies with respect to land
use regulations, the bill would impose a state-mandated local program.
(6) The
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.
97 ,
•
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SB 450 —4—
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 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
23 the local government's housing element at least seven days before
24 submitting the draft revision to the department.
25 (2) The planning agency staff shall collect and compile the
26 public comments regarding the housing element received by the
27 city, county, or city and county, and provide these comments to
28 each member of the legislative body before it adopts the housing
29 element.
30 (3) The department shall review the draft and report its written
31 findings to the planning agency within 90 days of its receipt of the
32 first draft submittal for each housing element revision pursuant to
33 subdivision (e) of Section 65588 or within 60 days of its receipt
34 of a subsequent draft amendment or an adopted revision or adopted
35 amendment to an element. The department shall not review the
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-5— SB 450
1 first draft submitted for each housing element revision pursuant
2 to subdivision(e)of Section 65588 until the local government has
3 made the draft available for public comment for at least 30 days
4 and, if comments were received, has taken at least 10 business
5 days to consider and incorporate public comments pursuant to
6 paragraph (1).
7 (c) In the preparation of its findings,the department may consult
8 with any public agency, group, or person. The department shall
9 receive and consider any written comments from any public
10 agency, group, or person regarding the draft or adopted element
11 or amendment under review.
12 (d) In its written findings, the department shall determine
13 whether the draft element or draft amendment substantially
14 complies with this article.
15 (e) Prior to the adoption of its draft element or draft amendment,
16 the legislative body shall consider the findings made by the
17 department. If the department's findings are not available within
18 the time limits set by this section, the legislative body may act
19 without them.
20 (f) If the department finds that the draft element or draft
21 amendment does not substantially comply with this article, the
22 legislative body shall take one of the following actions:
23 (1) Change the draft element or draft amendment to substantially
24 comply with this article.
25 (2) Adopt the draft element or draft amendment without changes.
26 The legislative body shall include in its resolution of adoption
27 written findings which explain the reasons the legislative body
28 • believes that the draft element or draft amendment substantially
29 complies with this article despite the findings of the department.
30 (g) Promptly following the adoption of its element or
31 amendment, the planning agency shall submit a copy to the
32 department.
33 (h) The department shall, within 90 days, review adopted
34 housing elements or amendments and report its findings to the
35 planning agency.
36 (i) (1) (A) The department shall review any action or failure
37 to act by the city, county, or city and county that it determines is
38 inconsistent with an adopted housing element or Section 65583,
39 including any failure to implement any program actions included
40 in the housing element pursuant to Section 65583.The department
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SB 450 —6—
1 shall issue written findings to the city, county, or city and county
2 as to whether the action or failure to act substantially complies
3 with this article, and provide a reasonable time no longer than 30
4 days for the city, county, or city and county to respond to the
5 findings before taking any other action authorized by this section,
6 including the action authorized by subparagraph (B).
7 (B) If the department finds that the action or failure to act by
8 the city, county, or city and county does not substantially comply
9 with this article,and if it has issued findings pursuant to this section
10 that an amendment to the housing element substantially complies
11 with this article, the department may revoke its findings until it
12 determines that the city, county, or city and county has come into
13 compliance with this article.
14 (2) The department may consult with any local government,
15 public agency, group, or person, and shall receive and consider
16 any written comments from any public agency, group, or person,
17 regarding the action or failure to act by the city, county, or city
18 and county described in paragraph(1),in determining whether the
19 housing element substantially complies with this article.
20 (j) The department shall notify the city, county, or city and
21 county and may notify the office of the Attorney General that the
22 city, county, or city and county is in violation of state law if the
23 department finds that the housing element or an amendment to this
24 element, or any action or failure to act described in subdivision
25 (i),does not substantially comply with this article or that any local
26 government has taken an action in violation of the following:
27 (1) Housing Accountability Act(Section 65589.5).
28 (2) Section 65863.
29 (3) Chapter 4.3 (commencing with Section 65915).
30 (4) Section 65008.
31 (5) Housing Crisis Act of 2019 (Chapter 654, Statutes of 2019,
32 Sections 65941.1, 65943, and 66300).
33 (6) Section 8899.50.
34 (7) Section 65913.4.
35 (8) Article 11 (commencing with Section 65650).
36 (9) Article 12 (commencing with Section 65660).
37 (10) Section 65913.11.
38 (11) Section 65400.
39 (12) Section 65863.2.
40 (13) Chapter 4.1 (commencing with Section 65912.100).
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-7— SB 450
1 (14) Section 65852.21.
2 (15) Section 66411.7.
3 (k) Commencing July 1, 2019, prior to the Attorney General
4 bringing any suit for a violation of the provisions identified in
5 subdivision(j)related to housing element compliance and seeking
6 remedies available pursuant to this subdivision, the department
7 shall offer the jurisdiction the opportunity for two meetings in
8 person or via telephone to discuss the violation, and shall provide
9 the jurisdiction written findings regarding the violation. This
10 paragraph does not affect any action filed prior to the effective
11 date of this section.The requirements set forth in this subdivision
12 do not apply to any suits brought for a violation or violations of
13 paragraphs (1) and (3) to (9), inclusive, of subdivision (j).
14 (l) In any action or special proceeding brought by the Attorney
15 General relating to housing element compliance pursuant to a
16 notice or referral under subdivision (j),the Attorney General may
17 request,upon a finding of the court that the housing element does
18 not substantially comply with the requirements of this article
19 pursuant to this section, that the court issue an order or judgment
20 directing the jurisdiction to bring its housing element into
21 substantial compliance with the requirements of this article. The
22 court shall retain jurisdiction to ensure that its order or judgment
23 is carried out. If a court determines that the housing element of
24 the jurisdiction substantially complies with this article, it shall
25 have the same force and effect, for purposes of eligibility for any
26 financial assistance that requires a housing element in substantial
27 compliance and for purposes of any incentives provided under
28 Section 65589.9, as a determination by the department that the
29 housing element substantially complies with this article.
30 (1) If the jurisdiction has not complied with the order or
31 judgment after 12 months, the court shall conduct a status
32 conference.Following the status conference,upon a determination
33 that the jurisdiction failed to comply with the order or judgment
34 compelling substantial compliance with the requirements of this
35 article,the court shall impose fines on the jurisdiction,which shall
36 be deposited into the Building Homes and Jobs Trust Fund. Any
37 fine levied pursuant to this paragraph shall be in a minimum
38 amount of ten thousand dollars ($10,000)per month,but shall not
39 exceed one hundred thousand dollars($100,000)per month,except
40 as provided in paragraphs (2) and (3). In the event that the
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1 jurisdiction fails to pay fines imposed by the court in full and on
2 time,the court may require the Controller to intercept any available
3 state and local funds and direct such those funds to the Building
4 Homes and Jobs Trust Fund to correct the jurisdiction's failure to
5 pay. The intercept of the funds by the Controller for this purpose
6 shall not violate any provision of the California Constitution.
7 (2) If the jurisdiction has not complied with the order or
8 judgment after three months following the imposition of fees
9 described in paragraph (1), the court shall conduct a status
10 conference.Following the status conference,if the court finds that
11 the fees imposed pursuant to paragraph(1)are insufficient to bring
12 the jurisdiction into compliance with the order or judgment, the
13 court may multiply the fine determined pursuant to paragraph(1)
14 by a factor of three. In the event that the jurisdiction fails to pay
15 fines imposed by the court in full and on time, the court may
16 require the Controller to intercept any available state and local
17 funds and direct such those funds to the Building Homes and Jobs
18 Trust Fund to correct the jurisdiction's failure to pay.The intercept
19 of the funds by the Controller for this purpose shall not violate any
20 provision of the California Constitution.
21 (3) If the jurisdiction has not complied with the order or
22 judgment six months following the imposition of fees described
23 in paragraph(1),the court shall conduct a status conference.Upon
24 a determination that the jurisdiction failed to comply with the order
25 or judgment, the court may impose the following:
26 (A) If the court finds that the fees imposed pursuant to
27 paragraphs(1)and(2)are insufficient to bring the jurisdiction into
28 compliance with the order or judgment, the court may multiply
29 the fine determined pursuant to paragraph (1) by a factor of six.
30 In the event that the jurisdiction fails to pay fines imposed by the
31 court in full and on time, the court may require the Controller to
32 intercept any available state and local funds and direct such those
33 funds to the Building Homes and Jobs Trust Fund to correct the
34 jurisdiction's failure to pay. The intercept of the funds by the
35 Controller for this purpose shall not violate any provision of the
36 California Constitution.
37 (B) The court may order remedies available pursuant to Section
38 564 of the Code of Civil Procedure, under which the agent of the
39 court may take all governmental actions necessary to bring the
40 jurisdiction's housing element into substantial compliance pursuant
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1 to this article in order to remedy identified deficiencies.The court
2 shall determine whether the housing element of the jurisdiction
3 substantially complies with this article and, once the court makes
4 that determination, it shall have the same force and effect, for all
5 purposes, as the department's determination that the housing
6 element substantially complies with this article.An agent appointed
7 pursuant to this paragraph shall have expertise in planning in
8 California.
9 (4) This subdivision does not limit a court's discretion to apply
10 any and all remedies in an action or special proceeding for a
11 violation of any law identified in subdivision (j).
12 (m) In determining the application of the remedies available
13 under subdivision (l), the court shall consider whether there are
14 any mitigating circumstances delaying the jurisdiction from coming
15 into compliance with state housing law. The court may consider
16 whether a city, county, or city and county is making a good faith
17 effort to come into substantial compliance or is facing substantial
18 undue hardships.
19 (n) Nothing in this section shall limit the authority of the office
20 of the Attorney General to bring a suit to enforce state law in an
21 independent capacity.The office of the Attorney General may seek
22 all remedies available under law including those set forth in this
23 section.
24 (o) Notwithstanding Sections 11040 and 11042,if the Attorney
25 General declines to represent the department in any action or
26 special proceeding brought pursuant to a notice or referral under
27 subdivision (j)the department may appoint or contract with other
28 counsel for purposes of representing the department in the action
29 or special proceeding.
30 (p) Notwithstanding any other provision of law, the statute of
31 limitations set forth in subdivision (a) of Section 338 of the Code
32 of Civil Procedure shall apply to any action or special proceeding
33 brought by the Office office of the Attorney General or pursuant
34 to a notice or referral under subdivision (j), or by the department
35 pursuant to subdivision (o).
36 SEC.2. Section 65852.21 of the Government Code is amended
37 to read:
38 65852.21. (a) A proposed housing development containing
39 no more than two residential units within a single-family residential
40 zone shall be considered ministerially,without discretionary review
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1 or a hearing,if the proposed housing development meets all of the
2 following requirements:
3 (1) The parcel subject to the proposed housing development is
4 located within a city,the boundaries of which include some portion
5 of either an urbanized area or urban cluster, as designated by the
6 United States Census Bureau,or,for unincorporated areas, a legal
7 parcel wholly within the boundaries of an urbanized area or urban
8 cluster, as designated by the United States Census Bureau.
9 (2) The parcel satisfies the requirements specified, in
10 subparagraphs(B)to(K),inclusive,of paragraph(6)of subdivision
11 (a)of Section 659 13.4.65913.4, as that section read on September
12 16, 2021.
13 (3) Notwithstanding any provision of this section or any local
14 law, the proposed housing development would not require
15 demolition or alteration of any of the following types of housing:
16 (A) Housing that is subject to a recorded covenant, ordinance,
17 or law that restricts rents to levels affordable to persons and
18 families of moderate, low, or very low income.
19 (B) Housing that is subject to any form of rent or price control
20 through a public entity's valid exercise of its police power.
21 (C) Housing that has been occupied by a tenant in the last three
22 years.
23 (4) The parcel subject to the proposed housing development is
24 not a parcel on which an owner of residential real property has
25 exercised the owner's rights under Chapter 12.75 (commencing
26 with Section 7060) of Division 7 of Title 1 to withdraw
27 accommodations from rent or lease within 15 years before the date
28 that the development proponent submits an application.
29 (5) The development is not located within a historic district or
30 property included on the State Historic Resources Inventory, as
31 defined in Section 5020.1 of the Public Resources Code,or within
32 a site that is designated or listed as a city or county landmark or
33 historic property or district pursuant to a city or county ordinance.
34 (b) (1) Notwithstanding any local law and except as provided
35 in paragraphs (2) and (3), a local agency may impose objective
36 zoning standards, objective subdivision standards, and objective
37 . design review standards that do not conflict with this section.
38 (2) (A) The local agency shall not impose objective zoning
39 standards, objective subdivision standards, and objective design
40 standards that would have the effect of physically precluding the
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1 construction of up to two units or that would physically preclude
2 either of the two units from being at least 800 square feet in floor
3 area.
4 (B) (i) Notwithstanding subparagraph(A),no setback shall be
5 required for an existing structure or a structure constructed in the
6 same location and to the same dimensions as an existing structure.
7 (ii) Notwithstanding subparagraph(A),in all other circumstances
8 not described in clause (i), a local agency may require a setback
9 of up to four feet from the side and rear lot lines.
10 (3) A local agency shall not impose objective zoning standards,
11 objective subdivision standards, and objective design standards
12 that do not apply unifoinnly to development within the underlying
13 zone. This subdivision shall not prevent a local agency from
14 adopting or imposing objective zoning standards, objective
15 subdivision standards, and objective design standards on
16 development authorized by this section if those standards are more
17 permissive than applicable standards within the underlying zone.
18 (c) In addition to any conditions established in accordance with
19 subdivision (b), a local agency may require any of the following
20 conditions when considering an application for two residential
21 units as provided for in this section:
22 (1) Off-strcct Offstreet parking of up to one space per unit,
23 except that a local agency shall not impose parking requirements
24 in either of the following instances:
25 (A) The parcel is located within one-half mile walking distance
26 of either a high-quality transit corridor, as defined in subdivision
27 (b) of Section 21155 of the Public Resources Code, or a major
28 transit stop,as defined in Section 21064.3 of the Public Resources
29 Code.
30 (B) There is a car share vehicle located within one block of the
31 parcel.
32 (2) For residential units connected to an onsite wastewater
33 treatment system, a percolation test completed within the last 5
34 years,or,if the percolation test has been recertified,within the last
35 10 years.
36 (d) Notwithstanding subdivision (a), a local agency may deny
37 a proposed housing development project if the building official
38 makes a written finding, based upon a preponderance of the
39 evidence, that the proposed housing development project would
40 have a specific, adverse impact, as defined and determined in
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1 paragraph (2) of subdivision (d) of Section 65589.5, upon public
2 health and safety for which there is no feasible method to
3 satisfactorily mitigate or avoid the specific, adverse impact.
4 (e) A local agency shall require that a rental of any unit created
5 pursuant to this section be for a term longer than 30 days.
6 (f) Notwithstanding Section 65852.2 or 65852.22,a local agency
7 shall not be required to permit an accessory dwelling unit or a
8 junior accessory dwelling unit on parcels that use both the authority
9 contained within this section and the authority contained in Section
10 66411.7.
11 (g) Notwithstanding subparagraph (B) of paragraph (2) of
12 subdivision(b),an application shall not be rejected solely because
13 it proposes adjacent or connected structures provided that the
14 structures meet building code safety standards and are sufficient
15 to allow separate conveyance.
16 (h) (1) An application for a proposed housing development
17 pursuant to this section shall be considered and approved or denied
18 within 60 days from the date the local agency receives a completed
19 application. If the local agency has not approved or denied the
20 completed application within 60 days, the application shall be
21 deemed approved.
22 (2) If a permitting agency denies an application for a proposed
23 housing development pursuant to paragraph (1), the permitting
24 agency shall, within the time period described in paragraph (1),
25 return in writing a full set of comments to the applicant with a list
26 of items that are defective or deficient and a description of how
27 the application can be remedied by the applicant.
28 (i) Local agencies shall include units constructed pursuant to
29 this section in the annual housing element report as required by
30 subparagraph (I) of paragraph (2) of subdivision (a) of Section
31 65400.
32 (j) For purposes of this section, all of the following apply:
33 (1) A housing development contains two residential units if the
34 development proposes no more than two new units or if it proposes
35 to add one new unit to one existing unit.
36 (2) The terms "objective zoning standards," "objective
37 subdivision standards," and "objective design review standards"
38 mean standards that involve no personal or subjective judgment
39 by a public official and are uniformly verifiable by reference to
40 an external and uniform benchmark or criterion available and
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1 knowable by both the development applicant or proponent and the
2 public official prior to submittal.These standards may be embodied
3 in alternative objective land use specifications adopted by a local
4 agency, and may include, but are not limited to, housing overlay
5 zones, specific plans,inclusionary zoning ordinances,and density
6 bonus ordinances.
7 (3) "Local agency" means a city, county, or city and county,
8 whether general law or chartered.
9 (k) A local agency may adopt an ordinance to implement the
10 provisions of this section.An ordinance adopted to implement this
11 section shall not be considered a project under Division 13
12 (commencing with Section 21000) of the Public Resources Code.
13 (l) Nothing in this section shall be construed to supersede or in
14 any way alter or lessen the effect or application of the California
15 Coastal Act of 1976 (Division 20 (commencing with Section
16 30000)of the Public Resources Code),except that the local agency
17 shall not be required to hold public hearings for coastal
18 development permit applications for a housing development
19 pursuant to this section.
20 SEC. 3. Section 66411.7 of the Government Code is amended
21 to read:
22 66411.7. (a) Notwithstanding any other provision of this
23 division and any local law, a local agency shall ministerially
24 approve, as set forth in this section, a parcel map for an urban lot
25 split only if the local agency determines that the parcel map for
26 the urban lot split meets all the following requirements:
27 (1) The parcel map subdivides an existing parcel to create no
28 more than two new parcels of approximately equal lot area
29 provided that one parcel shall not be smaller than 40 percent of
30 the lot area of the original parcel proposed for subdivision.
31 (2) (A) Except as provided in subparagraph (B), both newly
32 created parcels are no smaller than 1,200 square feet.
33 (B) A local agency may by ordinance adopt a smaller minimum
34 lot size subject to ministerial approval under this subdivision.
35 (3) The parcel being subdivided meets all the following
36 requirements:
37 (A) The parcel is located within a single-family residential zone.
38 (B) The parcel subject to the proposed urban lot split is located
39 within a city, the boundaries of which include some portion of
40 either an urbanized area or urban cluster, as designated by the
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1 United States Census Bureau,or,for unincorporated areas, a legal
2 parcel wholly within the boundaries of an urbanized area or urban
3 cluster, as designated by the United States Census Bureau.
4 (C) The parcel satisfies the requirements specified in
5 subparagraphs(B)to(K),inclusive,of paragraph(6)of subdivision
6 (a)of Section 659 13.4.65913.4, as that section read on September
7 16, 2021.
8 (D) The proposed urban lot split would not require demolition
9 or alteration of any of the following types of housing:
10 (i) Housing that is subject to a recorded covenant, ordinance,
11 or law that restricts rents to levels affordable to persons and
12 families of moderate, low, or very low income.
13 (ii) Housing that is subject to any form of rent or price control
14 through a public entity's valid exercise of its police power.
15 (iii) A parcel or parcels on which an owner of residential real
16 property has exercised the owner's rights under Chapter 12.75
17 (commencing with Section 7060) of Division 7 of Title 1 to
18 withdraw accommodations from rent or lease within 15 years
19 before the date that the development proponent submits an
20 application.
21 (iv) Housing that has been occupied by a tenant in the last three
22 years.
23 (E) The parcel is not located within a historic district or property
24 included on the State Historic Resources Inventory, as defined in
25 Section 5020.1 of the Public Resources Code, or within a site that
26 is designated or listed as a city or county landmark or historic
27 property or district pursuant to a city or county ordinance.
28 (F) The parcel has not been established through prior exercise
29 of an urban lot split as provided for in this section.
30 (G) Neither the owner of the parcel being subdivided nor any
31 person acting in concert with the owner has previously subdivided
32 an adjacent parcel using an urban lot split as provided for in this
33 section.
34 (b) An application for a parcel map for an urban lot split shall
35 be approved in accordance with the following requirements:
36 (1) (A) A local agency shall approve or deny an application for
37 a parcel map for an urban lot split ministerially without
38 discretionary review.
39 (B) An application for an urban lot split shall be considered and
40 approved or denied within 60 days from the date the local agency
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1 receives a completed application. If the local agency has not
2 approved or denied the completed application within 60 days, the
3 application shall be deemed approved.
4 (C) If a permitting agency denies an application for an urban
5 lot split pursuant to subparagraph(B),the permitting agency shall,
6 within the time period described in paragraph(1),return in writing
7 a full set of comments to the applicant with a list of items that are
8 defective or deficient and a description of how the application can
9 be remedied by the applicant.
10 (2) A local agency shall approve an urban lot split only if it
11 conforms to all applicable objective requirements of the
12 Subdivision Map Act (Division 2 (commencing with Section
13 66410)), except as otherwise expressly provided in this section.
14 (3) Notwithstanding Section 66411.1, a local agency shall not
15 impose regulations that require dedications of rights-of-way or the
16 construction of offsite improvements for the parcels being created
17 as a condition of issuing a parcel map for an urban lot split pursuant
18 to this section.
19 (c) (1) Except as provided in paragraph (2), notwithstanding
20 any local law, a local agency may impose objective zoning
21 standards, objective subdivision standards, and objective design
22 review standards that are related to the design or to improvements
23 of a parcel, consistent with paragraph (3) of subdivision (b) and
24 with subdivision (e), and are applicable to a parcel created by an
25 urban lot split that do not conflict with this section.
26 (2) A local agency shall not impose objective zoning standards,
27 objective subdivision standards, and objective design review
28 standards that would have the effect of physically precluding the
29 construction of two units on either of the resulting parcels or that
30 would result in a unit size of less than 800 square feet.
31 (3) (A) Notwithstanding paragraph (2), no setback shall be
32 required for an existing structure or a structure constructed in the
33 same location and to the same dimensions as an existing structure.
34 (B) Notwithstanding paragraph (2), in all other circumstances
35 not described in subparagraph (A), a local agency may require a
36 setback of up to four feet from the side and rear lot lines.
37 (d) Notwithstanding subdivision (a), a local agency may deny
38 an urban lot split if the building official makes a written finding,
39 based upon a preponderance of the evidence, that the proposed
40 housing development project would have a specific, adverse
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1 impact,as defined and determined in paragraph(2)of subdivision
2 (d)of Section 65589.5,upon public health and safety and for which
3 there is no feasible method to satisfactorily mitigate or avoid the
4 specific, adverse impact.
5 (e) In addition to any conditions established in accordance with
6 this section, a local agency may require any of the following
7 conditions when considering an application for a parcel map for
8 an urban lot split:
9 (1) Easements required for the provision of public services and
10 facilities.
11 (2) A requirement that the parcels have access to,provide access
12 to, or adjoin the public right-of-way.
13 (3) Off-strcct Offstreet parking of up to one space per unit,
14 except that a local agency shall not impose parking requirements
15 in either of the following instances:
16 (A) The parcel is located within one-half mile walking distance
17 of either a high-quality transit corridor as defined in subdivision
18 (b) of Section 21155 of the Public Resources Code, or a major
19 transit stop as defined in Section 21064.3 of the Public Resources
20 Code.
21 (B) There is a car share vehicle located within one block of the
22 parcel.
23 (f) A local agency shall require that the uses allowed on a lot
24 created by this section be limited to residential uses.
25 (g) (1) A local agency shall require an applicant for an urban
26 lot split to sign an affidavit stating that the applicant intends to
27 occupy one of the housing units as their principal residence for a
28 minimum of three years from the date of the approval of the urban
29 lot split.
30 (2) This subdivision shall not apply to an applicant that is a
31 "community land trust," as defined in clause (ii) of subparagraph
32 (C) of paragraph (11) of subdivision (a) of Section 402.1 of the
33 Revenue and Taxation Code, or is a "qualified nonprofit
34 corporation" as described in Section 214.15 of the Revenue and
35 Taxation Code.
36 (3) A local agency shall not impose additional owner occupancy
37 standards, other than provided for in this subdivision,on an urban
38 lot split pursuant to this section.
39 (h) A local agency shall require that a rental of any unit created
40 pursuant to this section be for a term longer than 30 days.
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1 (i) A local agency shall not require,as a condition for ministerial
2 approval of a parcel map application for the creation of an urban
3 lot split, the correction of nonconforming zoning conditions.
4 (j) (1) Notwithstanding any provision of Section 65852.2,
5 65852.21, 65852.22, 65915, or this section, 'a local agency shall
6 not be required to permit more than two units on a parcel created
7 through the exercise of the authority contained within this section.
8 (2) For the purposes of this section, "unit"means any dwelling
9 unit, including,but not limited to, a unit or units created pursuant
10 to Section 65852.21, a primary dwelling, an accessory dwelling
11 unit as defined in Section 65852.2, or a junior accessory dwelling
12 unit as defined in Section 65852.22.
13 (k) Notwithstanding paragraph (3) of subdivision (c), an
14 application shall not be rejected solely because it proposes adjacent
15 or connected structures provided that the structures meet building
16 code safety standards and are sufficient to allow separate •
17 conveyance.
18 (l) Local agencies shall include the number of applications for
19 parcel maps for urban lot splits pursuant to this section in the
20 annual housing element report as required by subparagraph (I) of
21 paragraph (2) of subdivision (a) of Section 65400.
22 (m) For purposes of this section, both of the following shall
23 apply:
24 (1) "Objective zoning standards," "objective subdivision
25 standards,"and"objective design review standards"mean standards
26 that involve no personal or subjective judgment by a public official
27 and are uniformly verifiable by reference to an external and
28 uniform benchmark or criterion available and knowable by both
29 the development applicant or proponent and the public official
30 prior to submittal.These standards may be embodied in alternative
31 objective land use specifications adopted by a local agency, and
32 may include,but are not limited to,housing overlay zones,specific
33 plans, inclusionary zoning ordinances, and density bonus
34 ordinances.
35 (2) "Local agency" means a city, county, or city and county,
36 whether general law or chartered.
37 (n) A local agency may adopt an ordinance to implement the
38 provisions of this section.An ordinance adopted to implement this
39 section shall not be considered a project under Division 13
40 (commencing with Section 21000)of the Public Resources Code.
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1 (o) Nothing in this section shall be construed to supersede or in
2 any way alter or lessen the effect or application of the California
3 Coastal Act of 1976 (Division 20 (commencing with Section
4 30000)of the Public Resources Code),except that the local agency
5 shall not be required to hold public hearings for coastal
6 development permit applications for urban lot splits pursuant to
7 this section.
8 SEC. 4. The Legislature finds and declares that cnsuring the
9 state faces a severe housing crisis, largely due to the lack of
10 available housing affordable to lower income and moderate-income
11 families. Ensuring access to affordable housing housing,
12 particularly on infill sites that promote fair housing in
13 high-resource areas, is a matter of statewide concern and is not a
14 municipal affair as that term is used in Section 5 of Article XI of
15 the California Constitution.Therefore,Sections 2 and 3 of this act
16 amending Sections 65852.21 and 66411.7 of the Government Code
17 apply to all cities, including charter cities.
18 SEC. 5. No reimbursement is required by this act pursuant to
19 Section 6 of Article XIIIB of the California Constitution because
20 a local agency or school district has the authority to levy service
21 charges, fees, or assessments sufficient to pay for the program or
22 level of service mandated by this act,within the meaning of Section
23 17556 of the Government Code.
0
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CITY OF HUNTINGTON BEACH
2000 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA 92648-2702
GRACEYVAN DER MARK
MAYOR
May 8,2024
The Honorable Scott Wiener
California State Senate
1020 0 Street
Sacramento, CA 95829
Re: SB 1037 (Wiener)—Oppose
Dear Senator Wiener:
On behalf of the City of Huntington Beach, I write in opposition to SB 1037, which authorizes the State Attorney
General to enforce the adoption of a housing element or enforce any other state law governing a land-use
decision or housing permit, on behalf of the Department of Housing and Community Development (HCD).
SB 1037 and its provisions represent a significant overreach by the State Attorney General to exert financial
and political pressure on local governments. HCD is already well suited to enforce state law. Moreover,
current law authorizes HCD to request the Attorney General to act on the Department's behalf. Therefore, we
identify this new authority for the Attorney General to unilaterally intervene as wholly unnecessary.
Moreover, the fine levels proposed in SB 1037 are unparalleled and ripe for misuse by the Attorney General for
alternative intents. California has imposed a litany of overcomplex provisions related to housing, be itslngle-
use, multifamily dwellings, setbacks, parking requirements, accessory dwelling units, etc., while providing
limited-to-no consistent baseline resources for local governments to comply. The bill would specify that in
the instance of proposed violations, the penalties Imposed by the Attorney Generalwould range from $10,000
to $50,000 per month per violation. And, if a local government does not or cannot afford to pay such penalties,
SB 1037 allows the State Controller to intercept "any available state and local funds" to direct them to the
Housing Trust Fund. This is ripe for abuse and could severely limit local government's ability to provide
essential public services.
The City works in earnest to provide all housing, affordable and market rate, that correspond to the capacity
and interests of our residents. SB 1037 extends the state's response to undermine and penalize local control.
For these reasons we oppose SB 1037.
Sincerely,
^-^O-^'^-v^K.
Gracey Van Der Mark
Mayor
Cc; Huntington Beach City Council
714.536.5553
AMENDED IN SENATE MARCH 19, 2024
SENATE BILL No. 1037
Introduced by Senator Wiener
February 6, 2024
An act to amcnd add Section 65400 of 65009.1 to the Government
Code, relating to housing.
LEGISLATIVE COUNSEL'S DIGEST
SB 1037, as amended, Wiener. Planning and zoning: gcncral plan.
housing element: enforcement.
Existing law, 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. The Planning
and Zoning Law requires the Department of Housing and Community
Development (HCD) to determine whether the housing element is in
substantial compliance with specified provisions of that law. The
Planning and Zoning Law requires HCD to notify a city, county, or city
and county, and authorizes HCD to notify the office of the Attorney
General, that the city, county, or city and county is in violation of state
law if the local government has taken action in violation of specified
provisions of law. The Planning and Zoning Law also requires, among
other things, that an application for a housing development be subject
to a specified streamlined, ministerial approval process if the
development satisfies certain objective planning standards.
This bill, in any action brought by the Attorney General, on behalf
of HCD or in an independent capacity, to enforce the adoption of
housing element revisions, as specified, or to enforce any state law that
requires a city, county, or local agency to ministerially approve any
land use decision or permitting application for a housing development
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SB 1037 —2—
project, as specified, would subject the city, county, or local agency to
specified remedies, including a civil penalty of at minimum, $10,000
per month, and not exceeding $50,000 per month,for each violation,
as specified. The bill would require these civil penalties, as specified,
to be deposited into the Building Homes and Jobs Trust Fund for the
sole purpose of supporting the development of affordable housing
located in the affected jurisdiction, except as provided, and would
require that expenditure of any penalty moneys deposited into the fund
under these provisions be subject to appropriation by the Legislature.
In the event a city, county, or local agency fails to pay civil penalties
imposed by the court, the bill would authorize the court to require the
Controller to intercept any available state and local funds and direct
those funds to the Building Homes and Jobs Trust Fund to correct the
jurisdiction's failure to pay, as specified.
The bill would make a related statement of legislative findings and
declarations.
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.
Existing law,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 clement.
provide an annual report to certain spccificd entities by April 1 of each
year that includes specified information.
This bill would make nonsubstantivc changes to those provisions.
Vote: majority. Appropriation: no. Fiscal committee: eyes.
State-mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. The Legislature finds and declares all of the
2 following:
3 (a) California has a statewide housing shortage crisis.
4 (b) California's housing crisis stifles economic growth,
5 contributes to the homelessness epidemic, consumes an
6 ever-growing share of the paychecks of working families, and
7 holds millions of households back from realizing the California
8 dream of achieving housing security or home ownership.
9 Conversely, new construction of residences, particularly
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1 multifamily homes, induces a chain of moves, ultimately adding
2 more housing units affordable to middle- and low-income
3 households.
4 (c) Restrictive zoning, land use planning, and burdensome
5 residential permitting practices and policies, at the local level in
6 particular, are a major cause of the shortfall between California's
7 housing needs and the available supply of housing. For example,
8 despite the obligations of local governments under the Housing
9 Element Law to update their general plans, including required
10 rezoning for additional sites to address projected housing needs,
11 numerous cities and counties continue to delay and, at times even
12 refuse, to undertake required actions to encourage,promote, and
13 facilitate the development of housing to accommodate the
14 established regional housing need. The absence of updated housing
15 elements that are substantially compliant with state law causes
16 unnecessary uncertainty and delay in approving housing
17 development applications. This cumulative delay causes many
18 local governments to continue to fall behind in meeting their share
19 of regional housing need.
20 (d) These restrictive practices and policies continue to persist
21 despite other statewide reforms to expedite, streamline, and
22 ministerially approve the planning and construction of housing of
23 all types, including housing affordable to persons and families of
24 lower income. While not exhaustive, these reforms can be found
25 in the following provisions:
26 (1) Accessory dwelling units, as described in Sections 65852.150
27 and 65852.2 of the Government Code.
28 (2) By-right housing, in which certain multifamily housing is
29 designated a permitted use, as described in Section 65589.4 of the
30 Government Code.
31 (3) Reduced time for action on affordable housing applications
32 under the approval of the development permits process, as
33 described in Article 5(commencing with Section 65950)of Chapter
34 4.5 of Division 1 of Title 7 of the Government Code.
35 (4) Streamlining housing approvals during a housing shortage,
36 as described in Section 65913.4 of the Government Code.
37 (5) Streamlining agricultural employee housing development
38 approvals, as described in Section 17021.8 of the Health and Safety
39 Code.
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SB 1037 —4—
1 . (6) The Housing Crisis Act of 2019, as described in Chapter
2 654 of the Statutes of 2019 (Senate Bill 330).
3 (7) Allowing four units to be built on single-family parcels
4 statewide, as described in Chapter 162 of the Statutes of 2021
5 (Senate Bill 9).
6 (8) The Middle Class Housing Act of 2022, as described in
7 Section 65852.24 of the Government Code.
8 (9) The Affordable Housing and High Road Jobs Act of 2022,
9 as described in Chapter 4.1 (commencing with Section 65912.100)
10 of Division 1 of Title 7 of the Government Code.
11 (10) Housing element law requirements and required rezoning
12 to address unmet housing needs, as described in Chapter 974 of
13 the Statutes of 2018 (Senate Bill 828) and Chapter 358 of the
14 Statutes of 2021 (Assembly Bill 1398).
15 SEC. 2. Section 65009.1 is added to the Government Code, to
16 read:
17 65009.1. (a) In any action brought by the Attorney General,
18 on behalf of the Department of Housing and Community
19 Development or in an independent capacity, to enforce the adoption
20 of housing element revisions pursuant to the schedule set forth in
21 subdivision (e) of Section 65588, or to enforce any state law that
22 requires a city, county, or local agency to ministerially approve,
23 without discretionary review, any land use decision or permitting
24 application for a housing development project, the city, county,
25 or local agency shall be subject to the following remedies:
26 (1) A civil penalty of at minimum, ten thousand dollars
27 ($10,000) per month, and not exceeding fifty thousand dollars
28 ($50,000)per month,for each violation, accrued from the date of
29 the violation until the date the violation is cured.
30 (2) (A) All costs of investigating and prosecuting this action,
31 including expert fees, reasonable attorney's fees, and costs,
32 whenever the Attorney General prevails in a civil action to enforce
33 any state laws under this section.
34 (B) Awards imposed pursuant to this paragraph shall be paid
35 to the Public Rights Law Enforcement Special Fund established
36 by Section 12530.
37 (3) (A) Other relief as the court deems appropriate, including
38 equitable and injunctive relief provisional or otherwise.
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1 (B) Any injunction, provisional or otherwise, ordered by the
2 court pursuant to this paragraph shall be deemed to be prohibitory,
3 and not affirmative.
4 (b) The purpose of this section is to ensure that, where local
5 land use decisions or actions are arbitrary, capricious, entirely
6 lacking in evidentiary support, contrary to established public
7 policy, unlawful, or procedurally unfair, adequate remedies are
8 available to ensure that state laws mandating streamlined,
9 ministerial approvals related to housing development projects,
10 and the timely adoption of housing element revisions, are promptly
11 and faithfully followed.
12 (c) (1) Any civil penalty levied pursuant to this section shall be
13 deposited into the Building Homes and Jobs Trust Fund for the
14 sole purpose of supporting the development of affordable housing
15 located in the affected jurisdiction. Expenditure of any penalty
16 moneys deposited into the Building Homes and Jobs Trust Fund
17 pursuant to this subdivision shall be subject to appropriation by
18 the Legislature.
19 (2) Any penalty imposed pursuant to this section shall not be
20 paid out of funds already dedicated to affordable housing,
21 including, but not limited to, very low, low-, and moderate-income
22 households.
23 (3) To the extent permitted under the California Constitution,
24 in the event a city, county, or local agency fails to pay civil
25 penalties imposed by the court, the court may require the
26 Controller to intercept any available state and local funds and
27 direct those funds to the Building Homes and Jobs Trust Fund to
28 correct the jurisdiction's failure to pay.
29 (4) Notwithstanding paragraph (1), if the penalty moneys have
30 not been expended five years after deposit, the penalty moneys
31 may be used, upon appropriation, to finance newly constructed
32 affordable housing units in the state without any geographic
33 restrictions.
34 (d) The liability,penalties, and remedies imposed by this section
35 are in addition to any other liability, penalties, and remedies
36 imposed by any other law.
37 SEC. 3. The Legislature finds and declares that the lack of
38 housing is a matter of statewide concern and is not a municipal
39 affair as that term is used in Section 5 of Article XI of the
40 California Constitution. Therefore, the Legislature clarifies that
98
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SB 1037 —6—
1 Section 2 of this act adding Section 65009.1 to the Government
2 Code applies to all cities, including charter cities.
3 SECTION 1. Section 65400 of the Government Codc is
4 amended to rcad:
5 65400. (a) After the lcgislativc body has adoptcd all or part
6 of a general plan, the planning agency shall do both of the
7 following:
8 (1) Investigate and make recommendations to the legislative
9 body regarding reasonable and practical means for implementing
10 the gcncral plan or element of the general plan so that it will serve
11 as an effective guide for orderly growth and development,
12 preservation and conservation of open-space land and natural
13 resources,and the efficient expenditure of public funds relating to
14 the subjects addressed in the gcncral plan.
15 (2) Provide, by April 1 of each year, an annual report to the
16 lcgislativc body, the Office of Planning and Research, and the
17
18 all of the following:
19
20 (B) (i) The progress in meeting its share of regional housing
21 needs determined pursuant to Section 65584, including the need
22 for extremely low income households, as determined pursuant to
23 paragraph(1)of subdivision(a)of Section 65583,and local efforts
24 to remove governmental constraints to the maintenance,
25 ,
26 (3) of subdivision(c) of Section 65583.
27 (ii) The housing clement portion of the annual report,as required
28 by this paragraph, shall be prepared through the use of standards,
29 ,
30 Community Development. The department may review, adopt,
31 ,
32 this article. Any standards, forms, or definitions adopted to
33 implement this article shall not be subject to Chapter 3.5
34 (commencing with Section 11340)of Part 1 of Division 3 of Title
35 2. Bcforc and after adoption of the forms, the housing cicmcnt
36 portion of the annual report shall include a section that describes
37 the actions taken by the local government towards completion of
38 the programs and status of the local government's compliance with
39 the deadlines in its housing cicmcnt.The report shall be considered
40 at an annual public meeting before the legislative body where
98
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—7— SB 1037
1 members of the public shall be allowed to provide oral testimony
2 and written comments.
3 (iii) The report may include the number of units that have been
4 completed pursuant to subdivision (c) of Section 65583.1. For
5 purposes'of this paragraph,committed assistance may be executed
6 ,
7 .
8 The report shall document how the units meet the standards set
9
10 (iv) The planning agency shall include the number of units in
11
12 the developer of the student housing development was granted a
13 density bonus pursuant to subparagraph (F) of paragraph (1) of
14 subdivision(b) of Section 65915.
15 (C) The number of housing development applications received
16 in the prior year, including whether each housing development
17 application is subject to a ministerial or discretionary approval
18 process.
19 (D) The number of units included in all development
20 applications in the prior year.
21 (E) The number of units approved and disapproved in the prior
22 year.
23 (F) The degree to which its approved general plan complies
24 with the guidelines developed and adopted pursuant to Section
25 65040.2 and the date of the last revision to the general plan.
26 (C) A listing of sites rezoned to accommodate that portion of
27 the city's or county's share of the regional housing need for each
28 income level that could not be accommodated on sites idcntificd
29 in the inventory required by paragraph (1) of subdivision (c) of
30 Section 65583 and Section 65584.09.The listing of sites shall also
31 include any additional sites that may have bccn required to be
32 idcntificd by Section 65863.
33 r of units of housing demolished and new
34 ,
35 and any units that the County of Napa or the City of Napa may
36 report pursuant to an agreement entered into pursuant to Section
37 65584.08,that have bccn issued a completed entitlement,a building
38 permit, or a certificate of occupancy, thus far in the housing
39 clement cycle, and the income category, by area median income
98
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—9— SB 1037
1 of density bonus received, the percentage of affordable units in
2 the project,the number of other incentives or concessions granted
3 to the project, and any waiver or reduction of parking standards
4 for the project.
5 (M) The following information with respect to each application
6 submitted pursuant to Chapter 4.1 (commencing with Section
7 65912.100):
8 (i) The location of the project.
9 (ii) The status of the project, including whether it has bccn
10 entitled, whether a building permit has bccn issued, and whether
11 or not it has been completed.
12 (iii) The number of units in the project.
13
14 (v) The number of units in the project that arc for-sale housing.
15 (vi) The household income category of the units,as determined
16 pursuant to subdivision (f) of Section 65584.
17 (b) (1) (A) The department may request corrections to the
18 housing cicmcnt portion of an annual report submitted pursuant
19te-pftragraph-(2)-4-subelivisiort-(a)-within-90-elays-ef-reeeipt-.-24
20 planning agency shall make the requested corrections within 30
21 days after which the department may reject the report if the report
22 is not in substantial compliance with the requirements of that
23 paragraph.
24 (B) If the department rejects the housing cicmcnt portion of an
25 annual report as authorized by subparagraph (A), the department
26 shall provide the reasons the report is inconsistent with paragraph
27 (2) of subdivision (a) to the planning agency in writing.
28 (2) If a court finds, upon a motion to that effect, that a city,
29 county, or city and county failed to submit, within 60 days of the
30 deadline established in this section, the housing cicmcnt portion
31 of the report required pursuant to subparagraph (B) of paragraph
32 (2) of subdivision (a) that substantially complies with the
33 requirements of this section, the court shall issue an order or
34
35 If the city, county, or city and county fails to comply with the
36 court's order within 60 days, the plaintiff or petitioner may move
37 for sanctions, and the court may, upon that motion, grant
38
39 that its order or judgment is carried out. If the court determines
40 that-its-oreler-or--judgment-is-not-eafried-eut-within-60-daysr the
98
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CITY OF HUNTINGTON BEACH
2000 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA 92648-2702
GRACEY VAN DER MARK
MAYOR
May 8,2024
The Honorable Nancy Skinner
California State Senate
1020 0 Street, Rm 8630
Sacramento, CA 95829
Re: SB 1211 (Skinner)—Oppose
Dear Senator Skinner:
On behalf of the City of Huntington Beach, I write in opposition to SB 1211, which would require localagencies
to ministerially permit additional detached accessory dwelling units (ADUs) on lots with an existing
multifamlly dwelling, and prohibit the Imposition of parking, setback requirements, and height limitations on
such projects.
The California State Legislature and Administration have made amendments to statutes and regulations to
dramatically expand the allowances forADUs in the state. ADUs have served as a positive housing resource
for family, elderly and other residents at below-market rate in high-cost housing communities. Ministerial
permitting was offered for typically small ADD projects undertaken by homeowners, Inexperienced and not
wetl-resourced, to participate in the permit development procedures,
However, large ADD projects on multifamily dwellings have more recently been undertaken by professional
developers, namely for financial gain while still being under a ministerial process. Ironically, these large
projects are prohibited from conforming to ordinances like parking and height requirements, and other
enforcement authorities of local governments, Moreover, existing law already allows multifamily properties
to add a number of ADUs equivalent to 25% of the number of units on the existing structure of the property.
SB 1211 would allow additional ADUs to be ministerially developed on multifamity dwellings on detached
areas like parking lots, landscaping, and service areas. These projects would be completed, depending upon
square footage, without permitting fees but added costs to local governments, and erodes the value ofADUs
as truly "accessory,"
For these reasons, the City of Huntington Beach opposes SB 1211.
Sincerely,to^-v
Gracey Van Der Mark
Mayor
Cc: Huntington Beach City Council
714.536.5553
'T^AjLVV^CTjC..
AMENDED IN SENATE MARCH 21, 2024
SENATE BILL No. 1211
Introduced by Senator Skinner
February 15, 2024
An act to amend Section 65852.2 of the Government Code,relating
to land use.
LEGISLATIVE COUNSEL'S DIGEST
SB 1211, as amended, Skinner. Land use: accessory dwelling units:
ministerial approval.
Existing law,the Planning and Zoning Law,authorizes a local agency,
by ordinance, to provide for the creation of accessory dwelling units
(ADUs) in areas zoned for residential use, as specified. Existing law
requires ministerial approval of accessory dwelling units, as specified,
if the local agency does not adopt an ordinance governing accessory
dwelling units, as described. Under existing law, a local agency is also
required to ministerially approve an application for a building permit
within a residential or mixed-use zone to create any of specified
variations of accessory dwelling units. Existing law imposes various
requirements and restrictions on a local agency in connection with the
ministerial approval of an application for a building permit for an
accessory dwelling unit under these specified variations, including
prohibiting a local agency from requiring the correction of
nonconforming zoning conditions as a condition of approval of the
permit.
This bill, in connection with the ministerial approval of a building
permit for an accessory dwelling unit under one of the above-described
variations, would additionally prohibit a local agency from requiring
the replacement of parking spaces when a carport, covered parking
98
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SB 1211 —2—
structure, or uncovered parking space is demolished in conjunction
with the construction of or conversion to an accessory dwelling unit.
Under existing law, one of those the above-described variations
requires a local agency to ministerially approve multiple accessory
dwelling units within the portion of existing multifamily dwelling
structures that are not used as livable space, as described, if each unit
complies with state building standards for dwellings. Existing law
requires a local agency to allow at least one of those accessory dwelling
units within an existing multifamily dwelling and allow up to 25% of
the existing multifamily dwelling units (inside dwelling ADU
requirements).
Under existing law, another variation requires a local agency to
ministerially approve not more than 2 accessory dwelling units that are
located on a lot that has an existing or proposed multifamily dwelling,
but are detached from that dwelling,and are subject to a height limitation
and rear yard and side setbacks, as specified (detached ADU
requirements).
For purposes of the dctachcd ADU requirements, this bill would
prohibit a local agcncy from requiring the replacement of parking spaces
when a carport, covered parking structure, or uncovered parking space
is demolished in conjunction with the construction of or conversion to
an accessory dwelling unit. The bill would also, for purposes of those
dctachcd ADU requirements, require a local agency to instead allow 2
dctachcd, new construction accessory dwelling units and allow up to
25% of the existing multifamily dwelling units.The bill would specify
that the number of accessory dwelling units allowed under the inside
dwelling ADU requirements counts towards the maximum number of
accessory dwelling units allowed under the dctachcd ADU requirements.
The bill would make conforming changes.
This bill would revise and recast the inside dwelling ADU
requirements and detached ADU requirements described above to
instead require the ministerial approval of multiple accessory dwelling
units that are located on a lot that has an existing or proposed
multifamily dwelling, as specified. Under this variation, the bill would
authorize detached or attached accessory dwelling units in an amount
equal to one or 25% of the existing multifamily dwelling units on the
lot, whichever is greater The bill would additionally authorize under
these provisions 2 detached accessory dwelling units on a lot with an
existing or proposed multifamily dwelling, subject to the height
limitations and setback requirements described above.
98
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-3— SB 1211
By imposing new duties on local governments with respect to the
approval of accessory dwelling units, 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 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 65852.2 of the Government Code is
2 amended to read:
3 65852.2. (a) (1) A local agency may, by ordinance, provide
4 for the creation of accessory dwelling units in areas zoned to allow
5 single-family or multifamily dwelling residential use. The
6 ordinance shall do all of the following:
7 (A) Designate areas within the jurisdiction of the local agency
8 where accessory dwelling units may be permitted.The designation
9 of areas may be based on the adequacy of water and sewer services
10 and the impact of accessory dwelling units on traffic flow and
11 public safety.A local agency that does not provide water or sewer
12 services shall consult with the local water or sewer service provider
13 regarding the adequacy of water and sewer services before
14 designating an area where accessory dwelling units may be
15 permitted.
16 (B) (i) Impose objective standards on accessory dwelling units
17 that include, but are not limited to, parking, height, setback,
18 landscape, architectural review, maximum size of a unit, and
19 standards that prevent adverse impacts on any real property that
20 is listed in the California Register of Historical Resources. These
21 standards shall not include requirements on minimum lot size.
22 (ii) Notwithstanding clause (i), a local agency may reduce or
23 eliminate parking requirements for any accessory dwelling unit
24 located within its jurisdiction.
25 . (C) Provide that accessory dwelling units do not exceed the
26 allowable density for the lot upon which the accessory dwelling
27 unit is located, and that accessory dwelling units are a residential
98
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SB 1211 —4—
1 use that is consistent with the existing general plan and zoning
2 designation for the lot.
3 (D) Require the accessory dwelling units to comply with all of
4 the following:
5 (i) Except as provided in Section 65852.26 and paragraph (10)
6 of this subdivision, an accessory dwelling unit may be rented
7 separate from the primary residence, but shall not be sold or
8 otherwise conveyed separate from the primary residence.
9 (ii) The lot is zoned to allow single-family or multifamily
10 dwelling residential use and includes a proposed or existing
11 dwelling.
12 (iii) The accessory dwelling unit is either attached to,or located
13 within, the proposed or existing primary dwelling, including
14 attached garages, storage areas or similar uses, or an accessory
15 structure or detached from the proposed or existing primary
16 dwelling and located on the same lot as the proposed or existing
17 primary dwelling, including detached garages.
18 (iv) If there is an existing primary dwelling, the total floor area
19 of an attached accessory dwelling unit shall not exceed 50 percent
20 of the existing primary dwelling.
21 (v) The total floor area for a detached accessory dwelling unit
22 shall not exceed 1,200 square feet.
23 (vi) No passageway shall be required in conjunction with the
24 construction of an accessory dwelling unit.
25 (vii) No setback shall be required for an existing living area or
26 accessory structure or a structure constructed in the same location
27 and to the same dimensions as an existing structure that is
28 converted to an accessory dwelling unit or to a portion of an
29 accessory dwelling unit, and a setback of no more than four feet
30 from the side and rear lot lines shall be required for an accessory
31 dwelling unit that is not converted from an existing structure or a
32 new structure constructed in'the same location and to the same
33 dimensions as an existing structure.
34 (viii) Local building code requirements that apply to detached
35 dwellings, except that the construction of an accessory dwelling
36 unit shall not constitute a Group R occupancy change under the
37 local building code, as described in Section 310 of the California
38 Building Code (Title 24 of the California Code of Regulations),
39 unless the building official or enforcement agency of the local
40 agency makes a written finding based on substantial evidence in
98
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-5— SB 1211
1 the record that the construction of the accessory dwelling unit
2 could have a specific, adverse impact on public health and safety.
3 Nothing in this clause shall be interpreted to prevent a local agency
4 from changing the occupancy code of a space that was unhabitable
5 space or was only permitted for nonresidential use and was
6 subsequently converted for residential use pursuant to this section.
7 (ix) Approval by the local health officer where a private sewage
8 disposal system is being used, if required.
9 (x) (I) Parking requirements for accessory dwelling units shall
10 not exceed one parking space per accessory dwelling unit or per
11 bedroom, whichever is less. These spaces may be provided as
12 tandem parking on a driveway.
13 (II) Offstreet parking shall be permitted in setback areas in
14 locations determined by the local agency or through tandem
15 parking,unless specific findings are made that parking in setback
16 areas or tandem parking is not feasible based upon specific site or
17 regional topographical or fire and life safety conditions.
18 (III) This clause shall not apply to an accessory dwelling unit
19 that is described in subdivision (d).
20 (xi) When a garage, carport, or covered parking structure is
21 demolished in conjunction with the construction of an accessory
22 dwelling unit or converted to an accessory dwelling unit,the local
23 agency shall not require that those offstreet parking spaces be
24 replaced.
25 (xii) Accessory dwelling units shall not be required to provide
26 fire sprinklers if they are not required for the primary residence.
27 The construction of an accessory dwelling unit shall not trigger a
28 requirement for fire sprinklers to be installed in the existing primary
29 dwelling.
30 (2) The ordinance shall not be considered in the application of
31 any local ordinance,policy,or program to limit residential growth.
32 (3) (A) A permit application for an accessory dwelling unit or
33 a junior accessory dwelling unit shall be considered and approved
34 ministerially without discretionary review or a hearing,
35 notwithstanding Section 65901 or 65906 or any local ordinance
36 regulating the issuance of variances or special use permits. The
37 permitting agency shall either approve or deny the application to
38 create or serve an accessory dwelling unit or a junior accessory
39 dwelling unit within 60 days from the date the permitting agency
40 receives a completed application if there is an existing
98
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SB 1211 —6—
1 single-family or multifamily dwelling on the lot. If the permit
2 application to create or serve an accessory dwelling unit or a junior
3 accessory dwelling unit is submitted with a permit application to
4 create a new single-family or multifamily dwelling on the lot, the
5 permitting agency may delay approving or denying the permit
6 application for the accessory dwelling unit or the junior accessory
7 dwelling unit until the permitting agency approves or denies the
8 permit application to create the new single-family or multifamily
9 dwelling, but the application to create or serve the accessory
10 dwelling unit or junior accessory dwelling unit shall be considered
11 without discretionary review or hearing. If the applicant requests
12 a delay,the 60-day time period shall be tolled for the period of the
13 delay.If the local agency has not approved or denied the completed
14 application within 60 days, the application shall be deemed
15 approved. A local agency may charge a fee to reimburse it for
16 costs incurred to implement this paragraph,including the costs of
17 adopting or amending any ordinance that provides for the creation
18 of an accessory dwelling unit.
19 (B) If a permitting agency denies an application for an accessory
20 dwelling unit or junior accessory dwelling unit pursuant to
21 subparagraph (A), the permitting agency shall, within the time
22 period described in subparagraph (A), return in writing a full set
23 of comments to the applicant with a list of items that are defective
24 or deficient and a description of how the application can be
25 remedied by the applicant.
26 (4) The ordinance shall require that a demolition permit for a
27 detached garage that is to be replaced with an accessory dwelling
28 unit be reviewed with the application for the accessory dwelling
29 unit and issued at the same time.
30 (5) The ordinance shall not require, and the applicant shall not
31 be otherwise required, to provide written notice or post a placard
32 for the demolition of a detached garage that is to be replaced with
33 an accessory dwelling unit, unless the property is located within
34 an architecturally and historically significant historic district.
35 (6) An existing ordinance governing the creation of an accessory
36 dwelling unit by a local agency or an accessory dwelling ordinance
37 adopted by a local agency shall provide an approval process that
38 includes only ministerial provisions for the approval of accessory
39 dwelling units and shall not include any discretionary processes,
40 provisions, or requirements for those units, except as otherwise
98
180
-7— SB 1211
1 provided in this subdivision. If a local agency has an existing
2 accessory dwelling unit ordinance that fails to meet the
3 requirements of this subdivision, that ordinance shall be null and
4 void and that agency shall thereafter apply the standards established
5 in this subdivision for the approval of accessory dwelling units,
6 unless and until the agency adopts an ordinance that complies with
7 this section.
8 (7) No other local ordinance, policy, or regulation shall be the
9 basis for the delay or denial of'a building permit or a use permit
10 under this subdivision.
11 (8) This subdivision establishes the maximum standards that
12 local agencies shall use to evaluate a proposed accessory dwelling
13 unit on a lot that includes a proposed or existing single-family
14 dwelling. No additional standards, other than those provided in
15 this subdivision, shall be used or imposed, including an
16 owner-occupant requirement, except that a local agency may
17 require that the property may be used for rentals of terms 30 days
18 or longer.
19 (9) A local agency may amend its zoning ordinance or general
20 plan to incorporate the policies, procedures, or other provisions
21 applicable to the creation of an accessory dwelling unit if these
22 provisions are consistent with the limitations of this subdivision.
23 (10) In addition to the requirement that a local agency allow the
24 separate sale or conveyance of an accessory dwelling unit pursuant
25 to Section 65852.26, a local agency may also adopt a local
26 ordinance to allow the separate conveyance of the primary dwelling
27 unit and accessory dwelling unit or units as condominiums. Any
28 such ordinance shall include all of the following requirements:
29 (A) The condominiums shall be created pursuant to the
30 Davis-Stirling Common Interest Development Act (Part 5
31 (commencing with Section 4000)of Division 4 of the Civil Code).
32 (B) The condominiums shall be created in conformance with
33 all applicable objective requirements of the Subdivision Map Act
34 (Division 2 (commencing with Section 66410)) and all objective
35 requirements of a local subdivision ordinance.
36 (C) Before recordation of the condominium plan, a safety
37 inspection of the accessory dwelling unit shall be conducted as
38 evidenced either through a certificate of occupancy from the local
39 agency or a housing quality standards report from a building
98
181
SB 1211 —8-
1 inspector certified by the United States Department of Housing
2 and Urban Development.
3 (D) (i) Neither a subdivision map nor a condominium plan shall
4 be recorded with the county recorder in the county where the real
5 property is located without each lienholder's consent. The
6 following shall apply to the consent of a lienholder:
7 (I) A lienholder may refuse to give consent.
8 (II) A lienholder may consent provided that any terms and
9 conditions required by the lienholder are satisfied.
10 (ii) Prior to recordation of the initial or any subsequent
11 modifications to the condominium plan, written evidence of the
12 lienholder's consent shall be provided to the county recorder along
43 with a signed statement from each lienholder that states as follows:
14
15 "(Name of lienholder) hereby consents to the recording of this
16 condominium plan in their sole and absolute discretion and the
17 borrower has or will satisfy any additional terms and conditions
18 the lienholder may have."
19
20 (iii) The lienholder's consent shall be included on the
21 condominium plan or a separate form attached to the condominium
22 plan that includes the following information:
23 (I) The lienholder's signature.
24 (II) The name of the record owner or ground lessee.
25 (III) The legal description of the real property.
26 (IV) The identities of all parties with an interest in the real
27 property as reflected in the real property records.
28 (iv) The lienholder's consent shall be recorded in the office of
29 the county recorder of the county in which the real property is
30 located.
31 (E) The local agency shall include the following notice to
32 consumers on any accessory dwelling or junior accessory dwelling •
33 unit submittal checklist or public information issued describing
34 requirements and permitting for accessory dwelling units,including
35 as standard condition of any accessory dwelling unit building
36 permit or condominium plan approval:
37
38 "NOTICE: If you are considering establishing your primary
39 dwelling unit and accessory dwelling unit as a condominium,
40 please ensure that your building permitting agency allows this
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1 practice.If you decide to establish your primary dwelling unit and
2 accessory dwelling unit as a condominium, your condominium
3 plan or any future modifications to the condominium plan must
4 be recorded with the County Recorder. Prior to recordation or
5 modification of your subdivision map and condominium plan,any
6 lienholder with a lien on your title must provide a form of written
7 consent either on the condominium plan, or on the lienholder's
8 consent form attached to the condominium plan, with text that
9 clearly states that the lender approves recordation of the
10 condominium plan and that you have satisfied their terms and
11 conditions, if any.
12 In order to secure lender consent,you may be required to follow
13 additional lender requirements, which may include, but are not
14 limited to, one or more of the following:
15 (a) Paying off your current lender.
16 You may pay off your mortgage and any liens through a
17 refinance or a new loan. Be aware that refinancing or using a new
18 loan may result in changes to your interest rate or tax basis.Also,
19 be aware that any subsequent modification to your subdivision
20 map or condominium plan must also be consented to by your
21 lender, which consent may be denied.
22 (b) Securing your lender's approval of a modification to their
23 loan collateral due to the change of your current property legal
24 description into one or more condominium parcels.
25 (c) Securing your lender's consent to the details of any
26 construction loan or ground lease.
27 This may include a copy of the improvement contract entered
28 in good faith with a licensed contractor, evidence that the record
29 owner or ground lessee has the funds to complete the work, and a
30 signed statement made by the record owner or ground lessor that
31 the information in the consent above is true and correct."
32
33 (F) If an accessory dwelling unit is established as a
34 condominium, the local government shall require the homeowner
35 to notify providers of utilities, including water, sewer, gas, and
36 electricity,of the condominium creation and separate conveyance.
37 (G) (i) The owner of a property or a separate interest within an
38 existing planned development that has an existing association, as
39 defined in Section 4080 of the Civil Code, shall not record a
40 condominium plan to create a common interest development under
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1 Section 4100 of the Civil Code without the express written
2 authorization by the existing association.
3 (ii) For purposes of this subparagraph,written authorization by
4 the existing association means approval by the board at a duly
5 noticed board meeting, as defined in Section 4090 of the Civil
6 Code, and if needed pursuant to the existing association's
7 governing documents, membership approval of the existing
8 association.
9 (H) An accessory dwelling unit shall be sold or otherwise
10 conveyed separate from the primary residence only under the
11 conditions outlined in this paragraph or pursuant to Section
12 65852.26.
13 (11) An accessory dwelling unit that conforms to this
14 subdivision shall be deemed to be an accessory use or an accessory
15 building and shall not be considered to exceed the allowable density
16 for the lot upon which it is located, and shall be deemed to be a
17 residential use that is consistent with the existing general plan and
18 zoning designations for the lot. The accessory dwelling unit shall
19 not be considered in the application of any local ordinance,policy,
20 or program to limit residential growth.
21 (b) (1) When a local agency that has not adopted an ordinance
22 governing accessory dwelling units in accordance with subdivision
23 (a) receives an application for a permit to create or serve an
24 accessory dwelling unit pursuant to this subdivision, the local
25 agency shall approve or disapprove the application ministerially
26 without discretionary review pursuant to subdivision (a). The
27 permitting agency shall either approve or deny the application to
28 create or serve an accessory dwelling unit or a junior accessory
29 dwelling unit within 60 days from the date the permitting agency
30 receives a completed application if there is an existing
31 single-family or multifamily dwelling on the lot. If the permit
32 application to create or serve an accessory dwelling unit or a junior
33 accessory dwelling unit is submitted with a permit application to
34 create or serve a new single-family or multifamily dwelling on the
35 lot, the permitting agency may delay approving or denying the
36 permit application for the accessory dwelling unit or the junior
37 accessory dwelling unit until the permitting agency approves or
38 denies the permit application to create or serve the new
39 single-family or multifamily dwelling,but the application to create
40 or serve the accessory dwelling unit or junior accessory dwelling
•
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1 unit shall still be considered ministerially without discretionary
2 review or a hearing. If the applicant requests a delay, the 60-day
3 time period shall be tolled for the period of the delay. If the local
4 agency has not approved or denied the completed application
5 within 60 days, the application shall be deemed approved.
6 (2) If a permitting agency denies an application for an accessory
7 dwelling unit or junior accessory dwelling unit pursuant to
8 paragraph(1), the permitting agency shall, within the time period
9 described in paragraph(1),return in writing a full set of comments
10 to the applicant with a list of items that are defective or deficient
11 and a description of how the application can be remedied by the
12 applicant.
13 (c) (1) Subject to paragraph (2), a local agency may establish
14 minimum and maximum unit size requirements for both attached
15 and detached accessory dwelling units.
16 (2) Notwithstanding paragraph (1), a local agency shall not
17 establish by ordinance any of the following:
18 (A) A minimum square footage requirement for either an
19 attached or detached accessory dwelling unit that prohibits an
20 efficiency unit.
21 (B) A maximum square footage requirement for either an
22 attached or detached accessory dwelling unit that is less than either
23 of the following:
24 (i) 850 square feet.
25 (ii) 1,000 square feet for an accessory dwelling unit that provides
26 more than one bedroom.
27 (C) Any requirement for a zoning clearance or separate zoning
28 review or any other minimum or maximum size for an accessory
29 dwelling unit, size based upon a percentage of the proposed or
30 existing primary dwelling, or limits on lot coverage, floor area
31 ratio, open space,front setbacks, and minimum lot size, for either
32 attached or detached dwellings that does not permit at least an 800
33 square foot accessory dwelling unit with four-foot side and rear
34 yard setbacks to be constructed in compliance with all other local
35 development standards.
36 (D) Any height limitation that does not allow at least the
37 following, as applicable:
38 (i) A height of 16 feet for a detached accessory dwelling unit
39 on a lot with an existing or proposed single family or multifamily
40 dwelling unit.
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SB 1211 —12—
1 (ii) A height of 18 feet for a detached accessory dwelling unit
2 on a lot with an existing or proposed single family or multifamily
3 dwelling unit that is within one-half of one mile walking distance
4 of a major transit stop or a high-quality transit corridor, as those
5 terms are defined in Section 21155 of the Public Resources Code.
6 A local agency shall also allow an additional two feet in height to
7 accommodate a roof pitch on the accessory dwelling unit that is
8 aligned with the roof pitch of the primary dwelling unit.
9 (iii) A height of 18 feet for a detached accessory dwelling unit
10 on a lot with an existing or proposed multifamily, multistory
11 dwelling.
12 (iv) A height of 25 feet or the height limitation in the local
13 zoning ordinance that applies to the primary dwelling, whichever
14 is lower,for an accessory dwelling unit that is attached to a primary
15 dwelling. This clause shall not require a local agency to allow an
16 accessory dwelling unit to exceed two stories.
17 (d) Notwithstanding any other law,and whether or not the local
18 agency has adopted an ordinance governing accessory dwelling
19 units in accordance with subdivision(a), all of the following shall
20 apply:
21 (1) The local agency shall not impose any parking standards for
22 an accessory dwelling unit in any of the following instances:
23 (A) Where the accessory dwelling unit is located within one-half
24 mile walking distance of public transit.
25 (B) Where the accessory dwelling unit is located within an
26 architecturally and historically significant historic district.
27 (C) Where the accessory dwelling unit is part of the proposed
28 or existing primary residence or an accessory structure.
29 (D) When onstreet parking permits are required but not offered
30 to the occupant of the accessory dwelling unit.
31 (E) When there is a car share vehicle located within one block
32 of the accessory dwelling unit.
33 (F) When a permit application for an accessory dwelling unit
34 is submitted with a permit application to create a new single-family
35 dwelling or a new multifamily dwelling on the same lot,provided
36 that the accessory dwelling unit or the parcel satisfies any other
37 criteria listed in this paragraph.
38 (2) The local agency shall not deny an application for a permit
39 to create an accessory dwelling unit due to the correction of
40 nonconforming zoning conditions, building code violations, or
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1 unpermitted structures that do not present a threat to public health
2 and safety and are not affected by the construction of the accessory
3 dwelling unit.
4 (e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a
5 local agency shall ministerially approve an application for a
6 building permit within a residential or mixed-use zone to create
7 any of the following:
8 (A) One accessory dwelling unit and one junior accessory
9 dwelling unit per lot with a proposed or existing single-family
10 dwelling if all of the following apply:
11 (i) The accessory dwelling unit or junior accessory dwelling
12 unit is within the proposed space of a single-family dwelling or
13 existing space of a single-family dwelling or accessory structure
14 and may include an expansion of not more than 150 square feet
15 beyond the same physical dimensions as the existing accessory
16 structure. An expansion beyond the physical dimensions of the
17 existing accessory structure shall be limited to accommodating
18 ingress and egress.
19 (ii) The space has exterior access from the proposed or existing
20 single-family dwelling.
21 (iii) The side and rear setbacks are sufficient for fire and safety.
22 (iv) The junior accessory dwelling unit complies with the
23 requirements of Section 65852.22.
24 (B) One detached, new construction, accessory dwelling unit
25 that does not exceed four-foot side and rear yard setbacks for a lot
26 with a proposed or existing single-family dwelling.The accessory
27 dwelling unit may be combined with a junior accessory dwelling
28 unit described in subparagraph (A). A local agency may impose
29 the following conditions on the accessory dwelling unit:
30 (i) A total floor area limitation of not more than 800 square feet.
31 (ii) A height limitation as provided in clause (i), (ii), or (iii) as
32 applicable, of subparagraph (D) of paragraph (2) of subdivision
33 (c).
34 (C) (i) Multiple accessory dwelling units that are located
35 on a lot that has an existing or proposed multifamily dwelling,
36 under the following conditions:
37 (i) (I) As calculated pursuant to subclause (II), multiple
38 accessory dwelling units detached from or within the portions of
39 existing multifamily dwelling structures that are not used as livable
40 space, including, but not limited to, storage rooms, boiler rooms,
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SB 1211 —14-
1 passageways, attics, basements, or garages, if each unit complies
2 with state building standards for dwellings.
3 (ii) A local agcncy shall allow at least one acccssory dwelling
4 unit within an cxisting multifamily dwelling and shall allow up to
5 25 perccnt of thc existing multifamily dwelling units.The number
6 of acccssory dwelling units allowcd under subparagraph(D)shall
7 count towards thc maximum numbcr of acccssory dwelling units
8 allowed undcr this subparagraph.
9 (II) The number of accessory dwelling units allowed by a local
10 agency under this clause shall be the greater of one or 25 percent
11 of the existing multifamily dwelling units on the lot.
12 (D) (i) Multiple
13 (ii) (I) In addition to the accessory dwelling units allowed under
14 clause(i), a local agency shall also allow two accessory dwelling
15 units that are located on a lot that has an existing or proposed
16 multifamily dwelling,but that are detached from that multifamily
17 dwelling and that are dwelling.
18 (II) Detached accessory dwelling units allowed pursuant to this
19 subparagraph shall be subject to a height limitation in clause (i),
20 (ii), or (iii), as applicable, of subparagraph (D) of paragraph (2)
21 of subdivision(c) and rear yard and side setbacks of no more than
22 four feet.
23 (ii) A local agcncy shall allow at least two dctachcd, new
24 construction, acccssory dwelling units pursuant to this
25 subparagraph and shall allow up to 25 percent of the existing
26
27 units allowed undcr subparagraph (C) shall count towards the
28 maximum numbcr of accessory dwclling units allowed undcr this
29 subparagraph.
30 (iii) If the existing multifamily dwelling has a rear or side
31 setback of less than four feet, the local agency shall not require
32 any modification of the existing multifamily dwelling as a •
33 condition of approving the application to construct an accessory
34 dwelling unit that satisfies the requirements of this subparagraph.
35 (iv) When a carport, covcrcd parking structurc, or uncovcrcd
36 parking spacc is demolished in conjunction with thc construction
37 of an accessory dwelling unit or converted to an accessory dwelling
38 unit,thc local agcncy shall not rcquirc that thosc offstrcct parking
39 spaces be replaced.
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1 (2) A local agency shall not require,as a condition for ministerial
2 approval of a permit application for the creation of an accessory
3 dwelling unit or a junior accessory dwelling unit, the correction
4 of nonconforming zoning conditions.
5 (3) The installation of fire sprinklers shall not be required in an
6 accessory dwelling unit if sprinklers are not required for the
7 primary residence.The construction of an accessory dwelling unit
8 shall not trigger a requirement for fire sprinklers to be installed in
9 the existing multifamily dwelling.
10 (4) A local agency shall require that a rental of the accessory
11 dwelling unit created pursuant to this subdivision be for a term
12 longer than 30 days.
13 (5) A local agency may require, as part of the application for a
14 permit to create an accessory dwelling unit connected to an onsite
15 wastewater treatment system, a percolation test completed within
16 the last five years, or, if the percolation test has been recertified,
17 within the last 10 years.
18 (6) Notwithstanding subdivision (c) and paragraph (1) a local
19 agency that has adopted an ordinance by July 1, 2018, providing
20 for the approval of accessory dwelling units in multifamily
21 dwelling structures shall ministerially consider a permit application
22 to construct an accessory dwelling unit that is described in
23 paragraph(1), and may impose objective standards including,but
24 not limited to,design,development,and historic standards on said
25 accessory dwelling units. These standards shall not include
26 requirements on minimum lot size.
27 (7) When a carport, covered parking structure, or uncovered
28 parking space is demolished in conjunction with the construction
29 of an accessory dwelling unit or is converted to an accessory
30 dwelling unit, the local agency shall not require that those offstreet
31 parking spaces be replaced.
32 (f) (1) Fees charged for the construction of accessory dwelling
33 units shall be determined in accordance with Chapter 5 •
34 (commencing with Section 66000) and Chapter 7 (commencing
35 with Section 66012).
36 (2) An accessory dwelling unit shall not be considered by a
37 local agency, special district, or water corporation to be a new
38 residential use for purposes of calculating connection fees or
39 capacity charges for utilities, including water and sewer service,
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SB 1211 —16-
1 unless the accessory dwelling unit was constructed with a new
2 single-family dwelling.
3 (3) (A) A local agency, special district, or water corporation
4 shall not impose any impact fee upon the development of an
5 accessory dwelling unit less than 750 square feet.Any impact fees
6 charged for an accessory dwelling unit of 750 square feet or more
7 shall be charged proportionately in relation to the square footage
8 of the primary dwelling unit.
9 (B) For purposes of this paragraph, "impact fee" has the same
10 meaning as the term"fee"is defined in subdivision(b) of Section
11 66000,except that it also includes fees specified in Section 66477.
12 "Impact fee" does not include any connection fee or capacity
13 charge charged by a local agency, special district, or water
14 corporation.
15 (4) For an accessory dwelling unit described in subparagraph
16 (A) of paragraph (1) of subdivision (e), a local agency, special
17 district, or water corporation shall not require the applicant to
18 install a new or separate utility connection directly between the
19 accessory dwelling unit and the utility or impose a related
20 connection fee or capacity charge, unless the accessory dwelling
21 unit was constructed with a new single-family dwelling, or upon
22 separate conveyance of the accessory dwelling unit pursuant to
23 paragraph(10) of subdivision (a).
24 (5) For an accessory dwelling unit that is not described in
25 subparagraph (A) of paragraph (1) of subdivision (e), a local
26 agency, special district, or water corporation may require a new
27 or separate utility connection directly between the accessory
28 dwelling unit and the utility. Consistent with Section 66013, the
29 connection may be subject to a connection fee or capacity charge
30 that shall be proportionate to the burden of the proposed accessory
31 dwelling unit, based upon either its square feet or the number of
32 its drainage fixture unit (DFU) values, as defined in the Uniform
33 Plumbing Code adopted and published by the International
34 Association of Plumbing and Mechanical Officials,upon the water
35 or sewer system.This fee or charge shall not exceed the reasonable
36 cost of providing this service.
37 (g) This section shall supersede a conflicting local ordinance.
38 This section does not limit the authority of local agencies to adopt
39 less restrictive requirements for the creation of an accessory
40 dwelling unit.
• 98
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1 (h) (1) A local agency shall submit a copy of the ordinance
2 adopted pursuant to subdivision(a)to the Department of Housing
3 and Community Development within 60 days after adoption.After
4 adoption of an ordinance, the department may submit written
5 findings to the local agency as to whether the ordinance complies
6 with this section.
7 (2) (A) If the department finds that the local agency's ordinance
8 does not comply with this section,the department shall notify the
9 local agency and shall provide the local agency with a reasonable
10 time, no longer than 30 days, to respond to the findings before
11 taking any other action authorized by this section.
12 (B) The local agency shall consider the findings made by the
13 department pursuant to subparagraph (A) and shall do one of the
14 following:
15 (i) Amend the ordinance to comply with this section.
16 (ii) Adopt the ordinance without changes. The local agency
17 shall include findings in its resolution adopting the ordinance that
18 explain the reasons the local agency believes that the ordinance
19 complies with this section despite the findings of the department.
20 (3) (A) If the local agency does not amend its ordinance in
21 response to the department's findings or does not adopt a resolution
22 with findings explaining the reason the ordinance complies with
23 this section and addressing the department's findings, the
24 department shall notify the local agency and may notify the
25 Attorney General that the local agency is in violation of state law.
26 (B) Before notifying the Attorney General that the local agency
27 is in violation of state law, the department may consider whether
28 a local agency adopted an ordinance in compliance with this section
29 between January 1, 2017, and January 1, 2020.
30 (i) The department may review, adopt, amend, or repeal
31 guidelines to implement uniform standards or criteria that
32 supplement or clarify the terms,references,and standards set forth
33 in this section.The guidelines adopted pursuant to this subdivision
34 are not subject to Chapter 3.5 (commencing with Section 11340)
35 of Part 1 of Division 3 of Title 2.
36 (j) As used in this section, the following terms mean:
37 (1) "Accessory dwelling unit"means an attached or a detached
38 residential dwelling unit that provides complete independent living
39 facilities for one or more persons and is located on a lot with a
40 proposed or existing primary residence.It shall include permanent
98
•
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SB 1211 —18-
1 provisions for living, sleeping, eating, cooking, and sanitation on
2 the same parcel as the single-family or multifamily dwelling is or
3 will be situated. An accessory dwelling unit also includes the
4 following:
5 (A) An efficiency unit.
6 (B) A manufactured home, as defined in Section 18007 of the
7 Health and Safety Code.
8 (2) "Accessory structure" means a structure that is accessory
9 and incidental to a dwelling located on the same lot.
10 (3) "Efficiency unit"has the same meaning as defined in Section
11 17958.1 of the Health and Safety Code.
12 (4) "Living area"means the interior habitable area of a dwelling
13 unit,including basements and attics,but does not include a garage
14 or any accessory structure.
15 (5) "Local agency" means a city, county, or city and county,
16 whether general law or chartered.
17 (6) "Nonconforming zoning condition" means a physical
18 improvement on a property that does not conform to current zoning
19 standards.
20 (7) "Objective standards" means standards that involve no
21 personal or subjective judgment by a public official and are
22 uniformly verifiable by reference to an external and uniform
23 benchmark or criterion available and knowable by both the
24 development applicant or proponent and the public official prior
25 to submittal.
26 (8) "Passageway" means a pathway that is unobstructed clear
27 to the sky and extends from a street to one entrance of the accessory
28 dwelling unit.
29 (9) "Permitting agency" means any entity that is involved in
30 the review of a permit for an accessory dwelling unit or junior
31 accessory dwelling unit and for which there is no substitute,
32 including, but not limited to, applicable planning departments,
33 building departments, utilities, and special districts.
34 (10) "Proposed dwelling" means a dwelling that is the subject
35 of a permit application and that meets the requirements for
36 permitting.
37 (11) "Public transit"means a location,including,but not limited
38 to, a bus stop or train station, where the public may access buses,
39 trains, subways, and other forms of transportation that charge set
40 fares, run on fixed routes, and are available to the public.
98
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1 (12) "Tandem parking" means that two or more automobiles
2 are parked on a driveway or in any other location on a lot, lined
3 up behind one another.
4 (k) A local agency shall not issue a certificate of occupancy for
5 an accessory dwelling unit before the local agency issues a
6 certificate of occupancy for the primary dwelling.
7 (l) Nothing in this section shall be construed to supersede or in
8 any way alter or lessen the effect or application of the California
9 Coastal Act of 1976 (Division 20 (commencing with Section
10 30000) of the Public Resources Code), except that the local
11 government shall not be required to hold public hearings for coastal
12 development permit applications for accessory dwelling units.
13 (m) A local agency may count an accessory dwelling unit for
14 purposes of identifying adequate sites for housing, as specified in
15 subdivision(a)of Section 65583.1, subject to authorization by the
16 department and compliance with this division.
17 (n) In enforcing building standards pursuant to Article 1
18 (commencing with Section 17960) of Chapter 5 of Part 1.5 of
19 Division 13 of the Health and Safety Code for an accessory
20 dwelling unit described in paragraph (1) or (2), a local agency,
21 upon request of an owner of an accessory dwelling unit for a delay
22 in enforcement, shall delay enforcement of a building standard,
23 subject to compliance with Section 17980.12 of the Health and
24 Safety Code:
25 (1) The accessory dwelling unit was built before January 1,
26 2020.
27 (2) The accessory dwelling unit was built on or after January
28 1, 2020, in a local jurisdiction that, at the time the accessory
29 dwelling unit was built, had a noncompliant accessory dwelling
30 unit ordinance, but the ordinance is compliant at the time the
31 request is made.
32 SEC. 2. No reimbursement is required by this act pursuant to
33 Section 6 of Article XIIIB of the California Constitution because
34 a local agency or school district has the authority to levy service
35 charges, fees, or assessments sufficient to pay for the program or
36 level of service mandated by this act,within the meaning of Section
37 17556 of the Government Code.
0
98
193
m CITY OF HUNTINGTON BEACH
2000 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA 92648-2702
•
rjy Uzr
6F�OUtliM1
GRACEY VAN DER MARK
MAYOR
May 8,2024
The Honorable Laurie Davies
California State Assembly
1020 0 Street
Sacramento, CA 95814
RE: AB 2081-SUPPORT
Dear Assemblymember Davies,
On behalf of the City of Huntington Beach, I write to express our support for AB 2081,which requires
an operator of a licensed alcoholism or drug abuse recovery or treatment facility (RTF) or certified
alcohol or other drug (AOD) program to disclose on its internet website if a legal, disciplinary, or
other enforcement action has been brought by the Department of Health Care Services(DHCS).
Over the past few years,there has been a proliferation of recovery facilities in the City of Huntington
Beach. Those seeking services from these facilities have no current way to check if the entity has
received any disciplinary or enforcement actions for wrongdoings. Many times,these bad actors are
allowed to operate without limitation and have been known to do more harm than good to their
clients.
Our hands are tied when it comes to enforcing against these bad actors. Requiring them to post on
their website any disciplinary or enforcement action brought by the DHCS will hopefully result in
them cleaning up their act or going out of business.
Your leadership in this area is greatly appreciated.
Sincerely,
...ftik/Ne'\,D)--)kArVA-Cn/V__
Gracey Van Der Mark
Mayor
Cc: Huntington Beach City Council
714.536.5553
AMENDED IN ASSEMBLY APRIL 4, 2024
AMENDED IN ASSEMBLY MARCH 13, 2024
CALIFORNIA LEGISLATURE-2023-24 REGULAR SESSION
ASSEMBLY BILL No. 2081
Introduced by Assembly Member Davies
February 5, 2024
An act to add Section 11831.10 11831.5 to the Health and Safety
Code, relating to substance abuse treatment.
LEGISLATIVE COUNSEL'S DIGEST
AB 2081, as amended, Davies. Substance abuse: recovery and
treatment programs.
Existing law grants the State Department of Health Care Services the
sole authority in state government to license adult alcoholism or drug
abuse recovery or treatment facilities. The department is authorized to
issue a license to specified types of facilities if certain criteria are met.
Existing law requires licensees to report specified events and incidents
to the department, including, among others, the death of a resident at a
licensed facility. Existing law authorizes the department to investigate
allegations of violations of governing law and take action upon a finding
of a violation, as specified.
This bill would require an operator of a licensed alcoholism or drug
abuse recovery or treatment facility or certified alcohol or other drug
program to include a disclosure on its internet wcbsitc if a legal,
disciplinary, or other enforcement action has bccn brought by the
The bill would require the internet wcbsitc disclosure to include the
date and nature of the violation, and require the disclosure to be posted
97
195
AB 2081 —2—
no later than 14 business days after the determination of violation.The
bill would impose a S2,500 civil penalty for failure to comply with the
internet wcbsitc posting requirement.on its internet website and intake
form paperwork a disclosure that an individual may check the internet
website of the State Department of Health Care Services to confirm
whether the facility's license or program's certification has been placed
in probationary status, been subject to a temporary suspension order,
been revoked, or the operator has been given a notice of operation in
violation of law. The bill would require the disclosure to include a link
to the department's internet website that contains the Probationary
Status, Temporary Suspension Order,Revoked and Notice of Operation
in Violation of Law Program List. The bill would authorize a violation
of this requirement to be subject to penalty imposed by the department.
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 11831.5 is added to the Health and Safety
2 Code, to read:
3 11831.5. (a) An operator of a licensed alcoholism or drug
4 abuse recovery or treatment facility, as defined in Section
5 11834.02, or a certified alcohol or other drug program shall
6 include on its internet website and intake form paperwork a
7 disclosure that an individual may check the internet website of the
8 Department of Health Care Services to confirm whether the
9 facility's license or program's certification has been placed in
10 probationary status, been subject to a temporary suspension order;
11 been revoked, or the operator has been given a notice of operation
12 in violation of law. The disclosure shall include a link to the
13 department's internet website that contains the Probationary
14 Status, Temporary Suspension Order; Revoked and Notice of
15 Operation in Violation of Law Program List.
16 (b) A violation of subdivision (a) shall be subject to penalty by
17 the department pursuant to Section 11831.7.
18 SECTION 1. Section 11831.10 is added to the IIealth and
19 ,
20
21 abuse recovery or treatment facility, as defined in Section
22 11834.02,or a certified alcohol or other drug program shall include
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1 a disclosurc on its internct wcbsitc if a legal,disciplinary, or other
2 enforcement action has bccn brought by the department and the
3 facility or program has bccn determined through that action to be
4 in violation of this chapter. The disclosure shall include the date
5 of the violation and nature of the violation, and shall be posted
6 within 14 business days following the determination of violation.
7 (b) A violation of subdivision (a) shall be subject to a
8 two-thousand-five-hundred-dollar($2,500) civil penalty.
0
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"J�'iINr°
p CITY OF HUNTINGTON BEACH
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ti 19n
2000 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA 92648-2702
C •A`\toQ
a�"'i` GRACEY VAN DER MARK
MAYOR
May 8, 2024
The Honorable Janet Nguyen
California State Senate
1020 0 Street
Sacramento, CA 95814
RE: SB 1102 (SUPPORT)
Dear Senator Nguyen,
On behalf of the City of Huntington Beach, I write to express our support for SB 1102, which would enact
tax exclusions for amounts received by Huntington Beach businesses in the settlement for claims relating
to the October 2021 oil spill off the coast of Orange County.
On October 1,2021,the San Pedro Bay Pipeline broke and spilled an estimated 24,500 gallons of crude oil
into the waters about five miles offshore of Huntington Beach.Commercial fishers and processors,coastal
real-estate property owners and lessees, and waterfront tourism businesses sued companies owning
container ships, alleging they were responsible because those ships dragged their anchors over the
pipeline during a heavy storm prior to the spill,damaging the pipeline and ultimately causing it to leak.
On April 24, 2023, a settlement agreement was approved where some of the defendants agreed to pay
$50 million to commercial fishers, persons who owned or leased waterfront properties, or persons who
worked in or owned business affected by the spill. Claims against other defendants remain pending.
Under current law, those receiving payments under the settlement agreement, or under any future
settlements, may not be able to fully exclude them from taxable income for state tax purposes. SB 1102
rectifies that issue and allows the businesses of Huntington Beach harmed by this event to be
compensated for their losses. This settlement doesn't make any business whole which is why an exclusion
from paying personal and corporate taxes is needed.
It is for these reasons we support SB 1102 and appreciate your efforts to protect the businesses of
Huntington Beach.
Sincerely,
VIEVICrtAt
Gracey Van Der Mark
Mayor
Cc: Huntington Beach City Council
714.536.5553
AMENDED IN SENATE APRIL 11, 2024
SENATE BILL No. 1102
Introduced by Senator Nguyen
(Coauthor: Assembly Member Davies)
February 13, 2024
An act to add and repeal Sections 17139.1 and 24309.9 of the
Revenue and Taxation Code, relating to taxation, making an
appropriation therefor, and declaring the urgency thereof,to take effect
immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 1102, as amended, Nguyen. Personal Income Tax Law:
Corporation Tax Law: oil spill: exclusions.
The Personal Income Tax Law and the Corporation Tax Law, in
conformity with federal income tax law, generally defines "gross
income"as income from whatever source derived,except as specifically
excluded, and provides various exclusions from gross income.
This bill would provide an exclusion from gross income for any
qualified taxpayer, as defined, for amounts received in settlements
associated with the October 2,2021,oil spill that occurred off the coast
of the County of Orange near the City of Huntington Beach. The bill
would repeal these provisions on January 1, 2029.
Existing law establishes the continuously appropriated Tax Relief
and Refund Account and provides that payments required to be made
to taxpayers or other persons from the Personal Income Tax Fund are
to be paid from that account.
This bill would authorize the refund of overpayments of tax as a result
of the above-described exclusion,in prior tax years,payable out of the
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SB 1102 —2—
Tax Relief and Refund Account. By authorizing new payments from a
continuously appropriated fund,this bill would make an appropriation.
Existing law requires that any bill that would authorize certain tax
expenditures contain,among other things,specific goals,purposes,and
objectives that the tax expenditure or exemption will achieve, detailed
performance indicators, and data collection requirements.
This bill would include additional information required for any bill
authorizing a new tax expenditure.
This bill would apply its provisions to taxable years beginning before,
on, and after the effective date of this bill. The bill would make
legislative findings and declarations regarding the public purpose served
by this bill.
This bill would declare that it is to take effect immediately as an
urgency statute.
Vote: 2/3. Appropriation: yes. Fiscal committee: yes.
State-mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. The Legislature finds and declares all of the
2 following:
3 (a) On October 2,2021,an oil spill occurred off the coast of the
4 County of Orange near the City of Huntington Beach.
5 (b) The spill resulted in approximately 144,000 gallons of crude
6 oil seeping into the ocean from a ruptured pipeline.
7 (c) The spill forced beaches to close along the County of Orange
8 coast, resulting in significant property damage, loss of revenue
9 from closed businesses,and a loss in revenue to the fishing industry
10 due to the halting of fishing operations.
11 (d) The impacts on the fishing industry were the result of a ban
12 that encompassed 650 square miles of marine waters and
13 approximately 45 miles of shoreline,including all bays and harbors
14 from the City of Seal Beach to San Onofre State Beach.
15 SEC. 2. Section 17139.1 is added to the Revenue and Taxation
16 Code, to read:
17 17139.1. (a) Gross income does not include any qualified
18 amount received by a qualified taxpayer.
19 (b) For purposes of this section:
20 (1) "Qualified amount"means any amount received in settlement
21 by a qualified taxpayer from Amplify Energy Corp.,Beta Operating
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1 Company, LLC, San Pedro Bay Pipeline Company, or any other
2 settling defendant qualified taxpayer in settlement for claims
3 relating to the October 2,2021,oil spill off the coast of the County
4 of Orange near the City of Huntington Beach.
5 (2) "Qualified taxpayer" means any of the following:
6 (A) Any taxpayer that owned real property located in the County
7 of Orange near the City of Huntington Beach during the October
8 2, 2021, oil spill who paid-and or incurred expenses and received
9 amounts from a settlement arising out of or pursuant to the October
10 2, 2021, oil spill.
11 (B) Any taxpayer that resided within the County of Orange near
12 the City of Huntington Beach during the October 2,2021, oil spill
13 who paid-and or incurred expenses and received amounts from a
14 settlement arising out of or pursuant to the October 2, 2021, oil
15 spill.
16 (C) Any taxpayer that had a place of business within the County
17 of Orange near the City of Huntington Beach during the October
18 2, 2021, oil spill who paid-and or incurred expenses and received
19 amounts from a settlement arising out of or pursuant to the October
20 2, 2021, oil spill.
21 (3) "Settlement entity"means the entity making the settlement
22 payment to a qualified taxpayer as described in paragraph (2).
23 (c) The settlement entity shall provide, upon request by the
24 Franchise Tax Board, documentation of the settlement payments
25 in the form and manner requested by the Franchise Tax Board.
26 (d) (1) This section shall apply to taxable years beginning
27 before,on,or after the effective date of the act adding this section.
28 (2) If the credit or refund of any overpayment of tax resulting
29 from the application of this section to a period before the effective
30 date of this section is prevented as of that date by the operation of
31 .any law or rule of law,including res judicata,that credit or refund
32 may nevertheless be allowed or made if the claim therefor is filed
33 before the close of the one-year period beginning on the effective
34 date of the act adding this section.
35 (e) This section shall remain in effect only until January 1,2029,
36 and as of that date is repealed.
37 SEC. 3. Section 24309.9 is added to the Revenue and Taxation
38 Code, to read:
39 24309.9. (a) Gross income does not include any qualified
40 amount received by a qualified taxpayer.
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SB 1102 —4-
1 (b) For purposes of this section:
2 (1) "Qualified amount"means any amount received in settlement
3 by a qualified taxpayer from Amplify Energy Corp.,Beta Operating
4 Company, LLC, San Pedro Bay Pipeline Company, or any other
5 settling dcfcndant qualified taxpayer in settlement for claims
6 relating to the October 2,2021,oil spill off the coast of the County
7 of Orange near the City of Huntington Beach.
8 (2) "Qualified taxpayer" means any of the following:
9 (A) Any taxpayer that owned real property located in the County
10 of Orange near the City of Huntington Beach during the October
11 2, 2021, oil spill who paid or incurred expenses and received
12 amounts from a settlement arising out of or pursuant to the October
13 2, 2021, oil spill.
14 (B) Any taxpayer that resided within the County of Orange near
15 the City of Huntington Beach during the October 2,2021,oil spill
16 who paid-and or incurred expenses and received amounts from a
17 settlement arising out of or pursuant to the October 2, 2021, oil
18 spill.
19 (C) Any taxpayer that had a place of business within the County
20 of Orange near the City of Huntington Beach during the October
21 2, 2021, oil spill who paid-and or incurred expenses and received
22 amounts from a settlement arising out of or pursuant to the October
23 2, 2021, oil spill.
24 (3) "Settlement entity"means the entity making the settlement
25 payment to a qualified taxpayer as described in paragraph (2).
26 (c) The settlement entity shall provide, upon request by the
27 Franchise Tax Board, documentation of the settlement payments
28 in the form and manner requested by the Franchise Tax Board.
29 (d) (1) This section shall apply to taxable years beginning
30 before,on,or after the effective date of the act adding this section.
31 (2) If the credit or refund of any overpayment of tax resulting
32 from the application of this section to a period before the effective
33 date of this section is prevented as of that date by the operation of
34 any law or rule of law,including res judicata, that credit or refund
35 may nevertheless be allowed or made if the claim therefor is filed
36 before the close of the one-year period beginning on the effective
37 date of the act adding this section.
38 (e) This section shall remain in effect only until January 1,2029,
39 and as of that date is repealed.
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1 SEC. 4. (a) For the purpose of complying with Section 41 of
2 the Revenue and Taxation Code,the Legislature finds and declares
3 that the purpose of the tax expenditure allowed pursuant to Sections •
4 17139.1 and 24309.9 of the Revenue and Taxation Code,as added
5 by this act, is to provide essential relief to individuals who have
6 suffered injury, loss, inconvenience, and expenses resulting from
7 the devastating October 2, 2021, oil spill.
8 (b) (1) On January 1, 2030, 2032, the Franchise Tax Board
9 shall deliver to the Legislature a written report that includes both
10 of the following:
11 (A) The number of qualified taxpayers that excluded qualified
12 amounts from gross income, as those terms are used in this act, as
13 a result of the tax expenditure allowed by this act.
14 (B) The aggregate amount of those settlement payments arising
15 out of the October 2, 2021, oil spill.
16 (2) The report required by this subdivision shall be delivered
17 to the Legislature pursuant to Section 9795 of the Government
18 Code.
19 (3) The disclosure provisions of this subdivision shall be treated
20 as an exception to Section 19542 under Article 2 (commencing
21 with Section 19542) of Chapter 7 of Part 10.2 of Division 2 of the
22 Revenue and Taxation Code, and any taxpayer information shall
23 be in an aggregate and anonymized form.
24 SEC. 5. The Legislature finds and declares that Sections
25 17139.1 and 24309.9 of the Revenue and Taxation Code,as added
26 by this act, are necessary for the public purpose of preventing
27 undue hardship to taxpayers who reside,or used to reside,in a part
28 of California devastated by oil spills, and do not constitute a gift
29 of public funds within the meaning of Section 6 of Article XVI of
30 the California Constitution.
31 SEC. 6. This act is an urgency statute necessary for the
32 immediate preservation of the public peace,health,or safety within
33 the meaning of Article IV of the California Constitution and shall
34 go into immediate effect. The facts constituting the necessity are:
35 In order to provide essential relief to those persons who have
36 suffered injury, loss, inconvenience, and expenses resulting from
37 the devastating October 2, 2021, oil spill as soon as possible, it is
38 necessary that this act take effect immediately.
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CITY OF HUNTINGTON BEACH
2000 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA 92648-2702
GRACEY VAN DER MARK
MAYOR
May 8, 2024
The Honorable Janet Nguyen
California State Senate
1020 0 Street
Sacramento, CA 95814
RE: SB 1214 — SUPPORT
Dear Senator Nguyen,
On behalf of the City of Huntington Beach, I write to express our support for SB 1214,
which will form a commission to organize the celebration of our Country's 250th
anniversary.
Huntington Beach's first Fourth of July parade was held in 1904 to mark the first electric
passenger train connecting the area to Los Angeles and Long Beach. Since that time, the
parade has grown to be the largest in the United States and attracts an average of
500,000 attendees every year.
We anticipate the parade for the Semiquincentennial to be spectacular and believe a
commission to coordinate the celebrations happening throughout the State is much
needed.
It is for these reasons we support your SB 1214 and commend your efforts on this
important matter.
Sincerely,
.r2Tho. ..‘0„-\.kiv),-*ac
Gracey Van Der Mark
Mayor
Cc: Huntington Beach City Council
714.536.5553
SENATE BILL No. 1214
Introduced by Senator Nguyen
(Coauthors:Senators Allen,Dahle,Grove,Newman,Niello,Seyarto,
and Wilk)
(Coauthors:Assembly Members Alanis, Dixon, Gallagher, and
Muratsuchi)
February 15, 2024
An act to add and repeal Chapter 7.5 (commencing with Section
6750) of Division 7 of Title 1 of the Government Code, relating to the
California Commission on the United States Semiquincentennial.
LEGISLATIVE COUNSEL'S DIGEST
SB 1214, as introduced, Nguyen. California Commission on the
United States Semiquincentennial.
Existing law establishes various commissions within state government.
This bill would, until January 1, 2029, establish the California
Commission on the United States Semiquincentennial in state
government to celebrate the 250th anniversary of the signing of the
Declaration of Independence and the founding of the United States of
America.The bill would require the commission to plan and coordinate
commemorations and observances of the 250th anniversary of the
Declaration of Independence and the American Revolution. The bill
would require the commission to be solely supported by private or
federal funds made available for the purpose of supporting the
commission.The bill would require that these funds be deposited in the
Semiquincentennial Fund, and would create that fund in the State
Treasury.The bill would require funds in the Semiquincentennial Fund
to be available,upon appropriation by the Legislature,as specified.The
bill would require the records, files, and other memoranda of the
commission, other than any private possessions, to be deposited and
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SB 1214 —2—
filed with the State Archives on or before June 30, 2028, and would
require the State Archives to receive those materials. These provisions
would become operative only if the Treasurer determines that sufficient
private or federal funds have been made available.
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. The Legislature finds and declares all of the
2 following:
3 (a) The year 2026 marks the 250th anniversary of the signing
4 of the Declaration of Independence and the founding of the United
5 States of America.
6 (b) The founding of the United States is one of the most
7 significant and providential events in human history and should
8 be celebrated accordingly.
9 (c) The United States Semiquincentennial Commission was
10 established by Congress to inspire each and every American to
11 participate in our greatest milestone ever, the 250th anniversary
12 of the founding of the United States.
13 (d) The United States Semiquincentennial Commission will
14 coordinate the commemoration and observance of the 250th
15 anniversary of the Declaration of Independence and American
16 Revolution,and is charged with orchestrating the largest and most
17 inclusive anniversary observance in our nation's history.
18 (e) The United States Semiquincentennial Commission consists
19 of 8 members of Congress, 16 private citizens, and 9 federal
20 officials, including the Secretary of State, Librarian of Congress,
21 and Archivist of the United States.
22 (f) The United States Semiquincentennial Commission has
23 encouraged states to establish state-level commissions to help plan
24 and coordinate activities within each state celebrating the 250th
25 anniversary of the nation's founding.
26 (g) California has a unique history through its relationship with
27 Spain, an ally of the Americans during the American Revolution.
28 (h) California is home to hundreds of thousands of descendants
29 of the men and women who actively participated in the American
30 Revolution and the founding of the United States.
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1 SEC.2. Chapter 7.5(commencing with Section 6750)is added
2 to Division 7 of Title 1 of the Government Code, to read:
3
4 CHAPTER 7.5. CALIFORNIA COMMISSION ON THE UNITED
5 STATES SEMIQUINCENTENNIAL
6
7 6750. (a) The California Commission on the United States
8 Semiquincentennial is hereby established in state government to
9 plan and coordinate commemorations and observances of the 250th
10 anniversary of the Declaration of Independence and the American
11 Revolution.
12 (b) The commission shall be composed of 11 members as
13 follows:
14 (1) The State Archivist, who shall serve as chairperson.
15 (2) Two members of the California State Assembly shall be
16 appointed by the Speaker of the Assembly.
17 (3) Two members of the California State Senate shall be
18 appointed by the Senate Committee on Rules.
19 (4) One member of the general public shall be appointed by the
20 Speaker of the Assembly.
21 (5) One member of the general public shall be appointed by the
22 Senate Committee on Rules.
23 (6) Three members of the general public shall be appointed by
24 the Governor.
25 (7) One member shall be appointed by the State Archivist from
26 a list of individuals with relevant historical experience proposed
27 by the California Historical Society.
28 (c) Members appointed to the commission pursuant to
29 subdivision (b) shall serve at the pleasure of the appointing
30 authority.
31 (d) (1) The commission shall be solely supported by private
32 funds or funds made available by the federal government for the
33 purpose of supporting the commission.
34 (2) The funds specified in paragraph (1) shall be deposited in
35 the Semiquincentennial Fund,which is hereby created in the State
36 Treasury.Funds in the Semiquincentennial Fund shall be available,
37 upon appropriation by the Legislature, for the express purpose of
38 this chapter.
39 (e) On or before June 30, 2028, the records, files, and other
40 memoranda of the commission,other than any private possessions,
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SB 1214 —4—
1 shall be deposited and filed with the State Archives, which shall
2 receive those materials.
3 (f) This section shall become operative only if the Treasurer
4 determines that sufficient private or federal funds, as described in
5 paragraph (1) of subdivision (d), have been made available.
6 6751. This chapter shall remain in effect only until January 1,
7 2029, and as of that date is repealed.
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