HomeMy WebLinkAbout2018-03-27 - AGENDA REPORTS - STATE LEGISLATION SB 827 (2)6
Agenda Item: 6
CITY OF SANTA CLARITA
AGENDA REPORT
CONSENT CALENDAR
CITY MANAGER APPROVAL:
DATE: March 27, 2018
SUBJECT: STATE LEGISLATION: SENATE BILL 827
DEPARTMENT: City Manager's Office
PRESENTER: Masis Hagobian
RECOMMENDED ACTION
delegation, appropriate legislative committees, Governor Brown, and the League of California
Cities.
BACKGROUND
Authored by Senator Scott Wiener (D-11-San Francisco), Senate Bill 827 restricts local authority
regarding density, height, parking, and design standards related to specific residential
developments near a transit stop or transit corridor.
Specifically, this bill:
1. Establishes a transit-rich housing project bonus, which the bill defines as a residential
development project located within a one-half mile radius of a major transit stop or a one-
quarter mile radius of a high quality transit corridor.
2. Exempts a transit-rich housing project from any local ordinance, resolution, or regulation
related to the following:
a. Maximum controls on residential density or floor area ratio.
b. Minimum automobile parking requirements.
c.
maximum number of units consistent with any applicable building code.
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3. Exempts a transit-rich housing project from any local ordinance, resolution, or regulation
related to the height of the residential project and establishes the following height
regulations:
a. If a project is within a one-quarter mile radius of a high-quality transit corridor or
within a block of a major transit stop and is facing a street that is less than 45 feet
wide from curb to curb, the maximum height limit is 55 feet.
b. If a project is within a one-quarter mile radius of a high-quality transit corridor or
within a block of a major transit stop and is facing a street that is more than 45
feet wide from curb to curb, the maximum height limit is 85 feet.
c. If a project is within a one-half mile radius of a major transit stop, but does not
meet the criteria in (a) or (b) of this section and is facing a street that is less than
45 feet wide from curb to curb, the maximum height limit is 45 feet.
d. If a project is within a one-half mile radius of a major transit stop, but does not
meet the criteria in (a) or (b) of this section and is facing a street that is more than
45 feet wide from curb to curb, the maximum height limit is 55 feet.
Analysis
The attached map identifies five locations and three corridors within the City of Santa Clarita
(City) that could be impacted if this bill is passed by the Legislature and signed into law. The
Ci
potential developers interested in building a residential development within a one-half mile
radius of the three locations would be exempt from local ordinances related to residential
density, height, parking and design standards.
- as it is defined
in the bill. Potential developers interested in building a residential development within a one-
quarter mile radius of the following three corridors would be exempt from local ordinances
related to residential density, height, parking and design standards:
1. Soledad Canyon Rd./Valencia Blvd. (beginning at the Santa Clarita Metrolink station
and ending at McBean Pkwy.)
2. Lyons Ave. (beginning at Railroad Ave. and ending at Wiley Canyon Rd.)
3. Newhall Ave. (beginning at Lyons Ave. and ending at Sierra Highway)
The City currently has policies in place related to design standards and residential development
standards on parking, height, and open space of multifamily residential developments. If this bill
is implemented, the following
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apply to developments built within the prescribed distance of the five identified major transit
stops and three high-quality transit corridors in the City:
1. Buildings and structures exceeding two stories or thirty-five feet in height, whichever is
more restrictive, require approval of a conditional use permit.
2. Open space to be provided based on the size of each residential unit, as follows:
a. Studio units - two hundred square feet of open space;
b. One bedroom units - three hundred square feet of open space;
c. Two bedroom units - four hundred square feet of open space; and
d. Single family detached/townhome units - six hundred fifty square feet of open
space
3. A fully enclosed garage or a minimum of two hundred fifty cubic feet of lockable,
enclosed storage per unit.
4. A minimum distance of ten feet between all main residential buildings.
5. Recreational facilities, including:
a. Landscaped park-like quiet area;
b. y area;
c. Family picnic area; and
d. Swimming pool with cabana or patio cover
Senate Bill 827 was introduced on January 3, 2018 and was referred to the Senate Committee on
Transportation and Housing on March 1, 2018.
The City Council Legislative Committee met on March 19, 2018, and recommends that the City
ALTERNATIVE ACTION
3. Take no action on Senate Bill 827
4. Refer Senate Bill 827 back to the Legislative Committee
5. Other action, as determined by the City Council
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FISCAL IMPACT
The resources required to implement the recommended action are contained within the City of
Santa Clarita's adopted FY 2017-18 budget.
ATTACHMENTS
SB 827 - Bill Text
SB 827 - Map
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6.a
AMENDED IN SENATE MARCH 1, 2018
SENATE BILL No. 827
Introduced by Senator Wiener
(Principal coauthor: Senator Skinner)
(Principal coauthor: Assembly Member Ting)
(Coauthor: Senator Hueso)
January 3, 2018
An act to add Section 65917.7 to Chapter 4.35 (commencing with
Section 65918.5) to Division 1 of Title 7 of the Government Code,
relating to land use.
legislative counsels digest
SB 827, as amended, Wiener.Planning and zoning: transit-rich
housing bonus.
The Planning and Zoning Law requires, when an applicant proposes
a housing development within the jurisdiction of a local government,
that the city, county, or city and county provide the developer with a
density bonus and other incentives or concessions for the production
of lower income housing units or for the donation of land within the
development if the developer, among other things, agrees to construct
a specied percentage of units for very low, low-, or moderate-income
households or qualifying residents.
This bill would authorize a require a local government to, if requested,
grant a development proponent of a transit-rich housing project to
receive a transit-rich housing bonus. bonus if that development meets
specied planning standards, including complying with demolition
permit requirements, local inclusionary housing ordinance requirements,
Attachment: SB 827 - Bill Text (State Legislation: Senate Bill 827)
preparing a relocation benets and assistance plan, any locally adopted
objective zoning standards, and any locally adopted minimum unit mix
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requirements.The bill would dene a transit-rich housing project as a
1
residential development project the parcels of which are all within a
2
1
mile radius of a major transit stop or a mile radius of a stop on a
4
high-quality transit corridor, as those terms are further dened. corridor.
The bill would exempt a project awarded a housing opportunity bonus
an eligible applicant who receives a transit-rich housing bonus from
various requirements, including maximum controls on residential density
or oor area ratio, density, maximum controls on oor area ratio that
are lower than a specied amount, minimum automobile parking
requirements, maximum height limitations, and zoning or design
standards that restrict the applicant's ability to construct the maximum
number of units consistent with any applicable building code, and
maximum height limitations, as provided. controls that have the effect
of limiting additions onto existing structures or lots that comply with
those maximum oor area ratios and height limitations. The bill would
require an eligible applicant who receives a transit-rich housing bonus
to provide benets to eligible displaced persons who are displaced by
the development, including requiring the applicant to offer a right to
remain guarantee to those tenants, and to make payments to eligible
displaced persons for moving and related expenses as well as for
relocation benets. The bill would also require an eligible applicant
to submit a relocation benet and assistance plan for approval to the
applicable local government to that effect, and to provide specied
information and assistance to eligible displaced persons.
The bill would declare that its provisions address a matter of statewide
concern and apply equally to all cities and counties in this state,
including a charter city.
By adding to the duties of local planning ofcials, this bill would
impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act
for a specied reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
Attachment: SB 827 - Bill Text (State Legislation: Senate Bill 827)
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The people of the State of California do enact as follows:
line 1SECTION 1.The Legislature nds and declares that this act
line 2addresses a matter of statewide concern and shall apply equally to
line 3all cities and counties in this state, including charter cities.
line 4 SEC. 2.Chapter 4.35 (commencing with Section 65918.5) is
line 5 added to Division 1 of Title 7 of the Government Code, immediately
line 6 following Chapter 4.3, to read:
line 7
4.35.
line 8
line 9
line 10 65918.5.For purposes of this chapter:
line 11(a) Development proponent means an applicant who submits
line 12 an application for a transit-rich housing bonus pursuant to this
line 13 chapter.
line 14(b) Eligible applicant means a development proponent who
line 15 receives a transit-rich housing bonus.
line 16(c) FAR means oor area ratio.
line 17(d) High-quality transit corridor means a corridor with xed
line 18 route bus service that has service intervals of no more than 15
line 19 minutes during peak commute hours.
line 20(e) Local government means city, including a charter city, a
line 21 county, or city and county.
line 22(f) Transit-rich housing project means a residential
line 23 development project the parcels of which are all within a one-half
line 24 mile radius of a major transit stop or a one-quarter mile radius
line 25 of a stop on a high-quality transit corridor.A residential
line 26 development project does not qualify as a transit-rich housing
line 27 project if that project would result in the construction of housing
line 28 in zoning districts that prohibit the construction of housing as a
line 29 principal or conditional use, including, but not limited to,
line 30 exclusively industrial or manufacturing zoning districts. A project
line 31 shall be deemed to be within a one-half mile radius of a major
line 32 transit stop or a one-quarter mile radius of a stop on a high-quality
line 33 transit corridor if both of the following apply:
line 34(1) All parcels within the project have no more than 25 percent
line 35 of their area outside of a one-half mile radius of a major transit
Attachment: SB 827 - Bill Text (State Legislation: Senate Bill 827)
line 36 stop or a one-quarter mile radius of a stop on a high-quality transit
line 37 corridor.
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line 1(2) No more than 10 percent of the residential units or 100 units,
line 2 whichever is less, of the project are outside of a one-half mile
line 3 radius of a major transit stop or a one-quarter mile radius of a
line 4 stop on a high-quality transit corridor.
line 5 65918.6.(a) Notwithstanding any local ordinance, general
line 6 plan element, specic plan, charter, or other local law, policy,
line 7 resolution, or regulation, a local jurisdiction shall, if requested,
line 8 provide an eligible applicant with a transit-rich housing bonus
line 9 that shall exempt the project from all of the following:
line 10(1) Maximum controls on residential density.
line 11(2) Maximum controls on FAR lower than those specied in
line 12 paragraph (4) of subdivision (c).
line 13(3) Minimum automobile parking requirements.
line 14(4) Maximum building height limits that are less than those
line 15 specied in subdivision (b).
line 16(5) Zoning or design controls that have the effect of limiting
line 17 additions onto existing structures or lots if such additions comply
line 18 with the height and FAR limits established in subdivision (b) or
line 19 paragraph (4) of subdivision (c).
line 20(b) An eligible applicant shall be exempt from local maximum
line 21 height limits as follows:
line 22(1) If the transit-rich housing project is within a one-quarter
line 23 mile radius of either a major transit stop or a stop on a high-quality
line 24 transit corridor, the maximum height limitation shall not be less
line 25 than 85 feet, except in cases where a parcel facing a street that is
line 26 less than 70 feet wide from property line to property line, in which
line 27 case the maximum height shall not be less than 55 feet. If the
line 28 project is exempted from the local maximum height limitation, the
line 29 maximum height limitation for a transit-rich housing project shall
line 30 be 85 feet or 55 feet, as provided in this paragraph.
line 31(2) If the transit-rich housing project is within one-half mile of
line 32 a major transit stop, but does not meet the criteria specied in
line 33 paragraph (1), any maximum height limitation shall not be less
line 34 than 55 feet, except in cases where a parcel facing a street that is
line 35 less than 70 feet wide from property line to property line, in which
line 36 case the maximum height shall not be less than 45 feet. If the
line 37 project is exempted from the local maximum height limitation, the
Attachment: SB 827 - Bill Text (State Legislation: Senate Bill 827)
line 38 maximum height limitation for a transit-rich housing project shall
line 39 be 55 feet or 45 feet, as provided in this paragraph.
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line 1(3) For purposes of this subdivision, if a parcel has street
line 2 frontage on two or more different streets, the maximum height
line 3 limitation pursuant to this subdivision shall be based on the widest
line 4 street.
line 5(c) A development proponent may submit an application for a
line 6 development to be subject to the transit-rich housing bonus process
line 7 provided by subdivision (b) if the application satises all of the
line 8 following planning standards:
line 9(1) Any demolition permit that is related to an application for
line 10 a transit-rich housing project is subject to all demolition permit
line 11 controls, restrictions, and review processes enacted by the
line 12 applicable local government.Additionally, an applicant shall be
line 13 ineligible for a transit-rich housing bonus if the housing
line 14 development is proposed on any property that includes a parcel
line 15 or parcels on which existing rental units that are subject to any
line 16 form of rent or price control through a local government's valid
line 17 exercise of its police power would need to be demolished, unless
line 18 the local government passes a resolution explicitly authorizing a
line 19 review process for demolition permit applications.
line 20(2) The development complies with any local inclusionary
line 21 housing ordinances. For purposes of this paragraph, local
line 22 inclusionary housing ordinances include either of the following:
line 23(A) A mandatory requirement, as a condition of the development
line 24 of residential units, that the development include a certain
line 25 percentage of residential units affordable to, and occupied by,
line 26 households with incomes that do not exceed the limits for
line 27 moderate-income, lower income, very low income, or extremely
line 28 low income households specied in Sections 50079.5, 50093,
line 29 50105, and 50106 of the Health and Safety Code.The ordinance
line 30 may provide alternative means of compliance that may include,
line 31 but are not limited to, in-lieu fees, land dedication, off-site
line 32 construction, or acquisition and rehabilitation of existing units. If
line 33 the ordinance is adopted after January 1, 2018, it shall meet all
line 34 the requirements of Section 65850.01.
line 35(B) For the purposes of this section, if a community does not
line 36 have a mandatory requirement as described in subparagraph (A),
line 37 a locally adopted voluntary incentive-based program that grants
Attachment: SB 827 - Bill Text (State Legislation: Senate Bill 827)
line 38 a range of incentives to developments that include an objective
line 39 and knowable amount of on-site affordable housing.The knowable
line 40 amount of on-site affordable housing and number of incentives
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line 1 shall be calculated based on the project's proximity to different
line 2 types of public transportation, and include proximity to both
line 3 regular bus lines, bus rapid transit, and rail stations. In the case
line 4 that a local inclusionary housing ordinance is a voluntary or
line 5 incentive-based program as described in this subparagraph, on-site
line 6 affordable housing requirements for a transit-rich housing project
line 7 shall be calculated based on the height, density, oor area ratio,
line 8 bulk, and automobile parking included in the nal design of the
line 9 transit-rich housing project.
line 10(3) The development proponent prepares and submits to the
line 11 applicable local government a relocation assistance and benets
line 12 plan as described in subdivision (d) of Section 65918.8.
line 13(4) Except as specied in subdivision (a), the transit-rich
line 14 housing project complies with all local objective zoning design
line 15 standards that were in effect at the time that the applicant submits
line 16 its rst application to the local government pursuant to this section,
line 17 except as provided in Section 65918.10, provided that those local
line 18 zoning design standards shall not result in a FAR for the
line 19 development that received the bonus that is less than the following:
line 20(A) 2.5 FAR for lots with a maximum height limit of 45 feet
line 21 pursuant to this section.
line 22(B) 3.25 FAR for lots with a maximum height limit of 55 feet
line 23 pursuant to this section.
line 24(C) 4.5 FAR for lots with a maximum height limit of 85 feet
line 25 pursuant to this section.
line 26(5) Any locally adopted objective zoning standard that involves
line 27 no personal or subjective judgment by a public ofcial and is
line 28 uniformly veriable by reference to an external and uniform
line 29 benchmark or criterion available and knowable by both the
line 30 development applicant or proponent and public ofcials before
line 31 the application is submitted, including but not limited to essential
line 32 bulk and FAR requirements, except as specied in paragraph (4),
line 33 codied design standards, and development fees.
line 34(6) Any locally adopted minimum unit mix requirements,
line 35 provided that those requirements do not have the effect of requiring
line 36 more than 40 percent of all units in a transit-rich housing project
line 37 to have two bedrooms or more.
Attachment: SB 827 - Bill Text (State Legislation: Senate Bill 827)
line 38(d) An eligible applicant who receives a transit-rich housing
line 39 bonus pursuant to this section may also apply for a density bonus,
line 40 incentive or concession, or waiver or reduction, pursuant to Section
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line 1 65915. For purposes of calculating any base development standard,
line 2 including maximum allowable residential density, for purposes of
line 3 granting a density bonus, incentive or concession, or a waiver or
line 4 reduction of a development standard pursuant to that section, any
line 5 transit-rich housing bonus granted pursuant to this chapter shall
line 6 be used as that base development standard.
line 7(e) An eligible applicant who receives a transit-housing bonus
line 8 pursuant to this section, and who requests a streamlined,
line 9 ministerial, approval process pursuant to Section 65913.4, shall
line 10 be deemed to be in compliance with local zoning requirements for
line 11 purposes of determining eligibility pursuant to paragraph (5) of
line 12 subdivision (a) of Section 65913.4, and for purposes of enforcing
line 13 legal protections for new developments under Section 65589.5.
line 14 65918.7.In the event that a transit-rich housing project is
line 15 issued a demolition permit by a local government as described in
line 16 paragraph (1) of subdivision (c) of Section 65918.6, the project
line 17 shall comply with any state or local tenant relocation benet and
line 18 assistance program or ordinance serving residential tenants living
line 19 in the units that will be demolished. Moreover, in the event that
line 20 issuance of a demolition permit would result in the direct
line 21 displacement of a residential tenant or tenants, the local
line 22 government may not issue demolition permits for rental housing
line 23 units as a part of the application for a transit-rich housing project,
line 24 unless the development proponent complies with relocation benets
line 25 and assistance and a right to remain guarantee, as follows:
line 26(a) The development proponent prepares and submits a
line 27 relocation assistance and benets plan to the jurisdiction as
line 28 described in subdivision (d) of Section 65918.8.
line 29(b) The development proponent offers all eligible displaced
line 30 persons a right to remain guarantee that is a right of rst refusal
line 31 for a comparable unit in the transit-rich housing project after it
line 32nishes construction, and a new lease for that unit at a rate not
line 33 to exceed the base rent dened in paragraph (2) of subdivision (f)
line 34 of Section 65918.9.
line 35 65918.8.(a) An eligible applicant that receives a transit-rich
line 36 housing bonus shall comply with the procedures and requirements
line 37 in this section in providing relocation benets and a right to remain
Attachment: SB 827 - Bill Text (State Legislation: Senate Bill 827)
line 38 guarantee to any eligible displaced person.
line 39(b) For purposes of this chapter, eligible displaced person
line 40 means the following:
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line 1(1) Any person who occupies property that is located within the
line 2 development, and who will become displaced by the development.
line 3(2) Any person who moves from property located within the
line 4 boundaries of the development after an application for a
line 5 development proposal subject to a transit-rich housing bonus is
line 6 deemed complete.
line 7(c) An eligible applicant shall inform all eligible displaced
line 8 persons regarding the projected date of displacement and,
line 9 periodically, should inform those persons of any changes in the
line 10 projected date of displacement.
line 11(d) A development proponent shall prepare a detailed relocation
line 12 benets and assistance plan, and submit that plan to the applicable
line 13 local government for approval to determine whether the plan
line 14 complies with the requirements of this section. That plan shall
line 15 include all of the following:
line 16(1) A diagrammatic sketch of the project area.
line 17(2) Projected dates of displacement.
line 18(3) A written analysis of the aggregate relocation needs of all
line 19 eligible displaced persons and a detailed explanation as to how
line 20 these needs are to be met.
line 21(4) A written analysis of relocation housing resources, including
line 22 vacancy rates of the neighborhood and surrounding areas.
line 23(5) A detailed description of relocation payments to be made
line 24 and a plan for disbursement.
line 25(6) A cost estimate for carrying out the plan.
line 26(7) A standard information statement to be sent to all eligible
line 27 displaced persons who will be permanently displaced.
line 28(8) Plans for public review and comment on the development
line 29 project and relocation benets and assistance plan.
line 30(e) A development proponent shall provide notice of the
line 31 relocation benets and assistance plan to all eligible displaced
line 32 persons at least 30 days before submitting the plan to the local
line 33 government for approval pursuant to subdivision (d).
line 34(f) After the applicable local government approves the relocation
line 35 benets and assistance plan pursuant to subdivision (d), the eligible
line 36 applicant shall do all the following:
line 37(1) Notify all eligible displaced persons of the following:
Attachment: SB 827 - Bill Text (State Legislation: Senate Bill 827)
line 38(A) The availability of relocation benets and assistance.
line 39(B) The eligibility requirements of relocation benets and
line 40 assistance.
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line 1(C) The procedures for obtaining relocation benets and
line 2 assistance.
line 3(2) Determine the extent of the need of each eligible displaced
line 4 person for relocation benets and assistance.
line 5(3) Provide the current and continuing information on the
line 6 availability, prices and rentals of comparable sales and rental
line 7 housing, and as to security deposits, closing costs, typical down
line 8 payments, interest rates, and terms for residential property in the
line 9 area to all eligible displaced persons.
line 10(4) Assist each eligible displaced person to complete
line 11 applications for payments and benets.
line 12(5) Assist each eligible displaced person to obtain and move to
line 13 a comparable replacement dwelling.
line 14(6) Supply to each eligible displaced person information
line 15 concerning federal and state housing programs.
line 16(7) Inform all persons who are expected to be displaced about
line 17 the eviction policies to be pursued in carrying out the project,
line 18 which policies shall be in accordance with the relocation benets
line 19 and assistance plan approved pursuant to subdivision (d).
line 20(g) An eligible applicant's obligation to provide relocation
line 21 benets and assistance to an eligible displaced person shall cease
line 22 if any of the following occurs:
line 23(1) An eligible displaced person moves to a comparable
line 24 replacement dwelling and receives all assistance and payments to
line 25 which he or she is entitled.
line 26(2) An eligible displaced person moves to substandard housing,
line 27 refuses reasonable offers of additional assistance in moving to a
line 28 decent, safe and sanitary replacement dwelling, and receives all
line 29 payments to which he or she entitled.
line 30(3) The eligible applicant has failed to trace or locate the
line 31 eligible displaced person after making all reasonable efforts to do
line 32 so.
line 33(4) An eligible displaced person from his or her dwelling refuses,
line 34 in writing, reasonable offers of assistance, payments and
line 35 comparable replacement housing.
line 36(h) An eligible applicant shall not evict an eligible displaced
line 37 person from property, except as a last resort. If an eligible
Attachment: SB 827 - Bill Text (State Legislation: Senate Bill 827)
line 38 displaced person is evicted as a last resort pursuant to this
line 39 subdivision, that eviction in no way affects the eligibility of that
line 40 person for relocation payments.
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line 1 65918.9.An eligible applicant that receives a transit-rich
line 2 housing bonus shall make relocation payments to or on behalf of
line 3 eligible displaced persons that otherwise meets all basic eligibility
line 4 conditions set out in Section 65918.8, for all actual reasonable
line 5 expenses incurred for moving and related expenses to move
line 6 themselves, their family, and their personal property, and for
line 7 relocation benets. In all cases, the amount of payment shall not
line 8 exceed the reasonable cost of accomplishing the activity in
line 9 connection with a claim that has been led. In making payments
line 10 under this section, the eligible applicant shall comply with all of
line 11 the following:
line 12(a) For purposes of this section, moving and related expenses
line 13 include all of the following:
line 14(1) Transportation of persons and property, not to exceed a
line 15 distance of 50 miles from the site from which they were displaced,
line 16 except where relocation beyond 50 miles is justied.
line 17(2) Packing, crating, unpacking and uncrating personal
line 18 property.
line 19(3) Storage of personal property, for a period not to exceed 12
line 20 months.
line 21(4) Insurance of personal property while in storage or transit.
line 22(5) The reasonable replacement value of property lost, stolen
line 23 or damaged (not through the fault or negligence of the displaced
line 24 person, his agent, or employee) in the process of moving, where
line 25 insurance covering such loss, theft or damage is not reasonably
line 26 available.A claim for payment hereunder shall be supported by
line 27 written evidence of loss which may include appraisals, certied
line 28 prices, bills of sale, receipts, canceled checks, copies of
line 29 advertisements, offers to sell, auction records, and other records
line 30 appropriate to support the claim.
line 31(b) An eligible applicant may pay an eligible displaced person
line 32 for their anticipated moving expenses in advance of the actual
line 33 move.An eligible applicant shall provide advance payment as
line 34 described in this subdivision whenever later payment would result
line 35 in nancial hardship to the eligible displaced person. In
line 36 determining nancial hardship for purposes of this subdivision,
line 37 particular consideration shall be given to the nancial limitations
Attachment: SB 827 - Bill Text (State Legislation: Senate Bill 827)
line 38 and difculties experienced by low and moderate income persons.
line 39(c) This section does not preclude an eligible applicant from
line 40 relying upon other reasonable means of relocating an eligible
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line 1 displaced person, including contracting to have that eligible
line 2 displaced person moved to satisfy the requirements of this section,
line 3 and arranging for assignment of moving expense payments by
line 4 eligible displaced persons.
line 5(d) An eligible displaced person who elects to self-move may
line 6 submit a claim for their moving and related expenses to the eligible
line 7 applicant in an amount not to exceed an acceptable low bid or an
line 8 amount acceptable to the displacing entity.An eligible displaced
line 9 person is not required to provide documentation of moving
line 10 expenses actually incurred.
line 11(e) Except in cases of a displaced person conducting a self-move
line 12 as provided in subdivision (d) above, an eligible displaced person
line 13 who submits a claim for relocation payments under this section
line 14 shall include a bill or other evidence of expenses incurred.An
line 15 eligible applicant may enter into a written arrangement with the
line 16 eligible displaced person and the mover so that the eligible
line 17 displaced person may present to the eligible applicant an unpaid
line 18 moving bill, and the eligible applicant can then pay the mover
line 19 directly for any moving expenses incurred.
line 20(f) For purposes of this section, relocation benets means a
line 21 payment of an amount necessary to enable that person to lease or
line 22 rent a replacement dwelling for a period not to exceed 42 months,
line 23 as follows:
line 24(1) The amount of payment necessary to lease or rent a
line 25 comparable replacement dwelling shall be computed by subtracting
line 26 42 times the base monthly rental of the displaced person, from 42
line 27 times the monthly rental for a comparable replacement dwelling,
line 28 provided, that in no case may such amount exceed the difference
line 29 between 42 times the base monthly rental as determined in
line 30 accordance with this subdivision and 42 times the monthly rental
line 31 actually required for the replacement dwelling occupied by the
line 32 eligible displaced person.
line 33(2) The base monthly rental shall be the lesser of the average
line 34 monthly rental paid by the eligible displaced person for the
line 35 three-month period before the eligible applicant submitted the
line 36 relocation benets and assistance plan pursuant to subdivision
line 37(d) of Section 65918.8, or 30 percent of the eligible displaced
Attachment: SB 827 - Bill Text (State Legislation: Senate Bill 827)
line 38 person's average monthly income.
line 39(3) A dependent who is residing separate and apart from the
line 40 person or family providing support, whether that residence is
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line 1 permanent or temporary shall be entitled to payment under this
line 2 section, but that payment shall be limited to the period during
line 3 which the displaced dependent resides in the replacement dwelling.
line 4 At the time the displaced dependent vacates that dwelling, no
line 5 further payment under this section shall be made to that person.
line 6(4) Except where specically provided otherwise, the eligible
line 7 applicant may disburse payments for relocation benets under
line 8 this section in a lump sum, monthly or at other intervals acceptable
line 9 to the displaced person.
line 10(g) Upon request by an eligible displaced person who has not
line 11 yet purchased and occupied a replacement dwelling, but who is
line 12 otherwise eligible for a replacement housing payment, the eligible
line 13 applicant shall certify to any interested party, nancial institution,
line 14 or lending agency, that the eligible displaced person will be eligible
line 15 for the payment of a specic sum if they purchase and occupy a
line 16 dwelling within the time limits prescribed.
line 17 65918.10.(a) If, on or after January 1, 2018, a local
line 18 government adopts an ordinance that eliminates residential zoning
line 19 designations or decreases residential zoning development capacity
line 20 within an existing zoning district in which the development is
line 21 located than what was authorized on January 1, 2018, then that
line 22 development shall be deemed to be consistent with any applicable
line 23 requirement of this chapter if it complies with zoning designations
line 24 that were authorized as of January 1, 2018.
line 25(b) The Department of Housing and Community Development
line 26 may, at any time, review any new or revised zoning or design
line 27 standards after the operative date of the act adding this section to
line 28 determine if those local standards are consistent with the
line 29 requirements of this section. If the department determines that
line 30 those standards are inconsistent, the department shall issue, in a
line 31 form and manner provided by the department, a nding of
line 32 inconsistency, and those standards shall be rendered invalid and
line 33 unenforceable as of the date that nding is issued.
line 34 SEC. 3.No reimbursement is required by this act pursuant to
line 35 Section 6 of Article XIIIB of the California Constitution because
line 36 a local agency or school district has the authority to levy service
line 37 charges, fees, or assessments sufcient to pay for the program or
Attachment: SB 827 - Bill Text (State Legislation: Senate Bill 827)
line 38 level of service mandated by this act, within the meaning of Section
line 39 17556 of the Government Code.
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line 1SEC. 2.Section 65917.7 is added to the Government Code, to
line 2read:
line 365917.7.(a) As used in this section, the following denitions
line 4shall apply:
line 5(1) Block has the same meaning as dened in subdivision (a)
line 6of Section 5870 of the Streets and Highways Code.
line 7(2) High-quality transit corridor means a corridor with xed
line 8route bus service that has service intervals of no more than 15
line 9minutes during peak commute hours.
line 10(3) Transit-rich housing project means a residential
line 11development project the parcels of which are all within a one-half
line 12mile radius of a major transit stop or a one-quarter mile radius of
line 13a high-quality transit corridor.A project shall be deemed to be
line 14within a one-half mile radius of a major transit stop or a one-quarter
line 15mile radius of a high-quality transit corridor if both of the following
line 16apply:
line 17(A) All parcels within the project have no more than 25 percent
line 18of their area outside of a one-half mile radius of a major transit
line 19stop or a one-quarter mile radius of a high-quality transit corridor.
line 20(B) No more than 10 percent of the residential units or 100 units,
line 21whichever is less, of the project are outside of a one-half mile
line 22radius of a major transit stop or a one-quarter mile radius of a
line 23high-quality transit corridor.
line 24(4) Major transit stop has the same meaning as dened in
line 25Section 21064.3 of the Public Resources Code.
line 26(b) Notwithstanding any local ordinance, general plan element,
line 27specic plan, charter, or other local law, policy, resolution, or
line 28regulation, a transit-rich housing project shall receive a transit-rich
line 29housing bonus which shall exempt the project from all of the
line 30following:
line 31(1) Maximum controls on residential density or oor area ratio.
line 32(2) Minimum automobile parking requirements.
line 33(3) Any design standard that restricts the applicant's ability to
line 34construct the maximum number of units consistent with any
line 35applicable building code.
line 36(4) (A) If the transit-rich housing project is within either a
line 37one-quarter mile radius of a high-quality transit corridor or within
Attachment: SB 827 - Bill Text (State Legislation: Senate Bill 827)
line 38one block of a major transit stop, any maximum height limitation
line 39that is less than 85 feet, except in cases where a parcel facing a
line 40street that is less than 45 feet wide from curb to curb, in which
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line 1case the maximum height shall not be less than 55 feet. If the
line 2project is exempted from the local maximum height limitation, the
line 3governing height limitation for a transit-rich housing project shall
line 4be 85 feet or 55 feet, as provided in this subparagraph.
line 5(B) If the transit-rich housing project is within one-half mile of
line 6a major transit stop, but does not meet the criteria specied in
line 7subparagraph (A), any maximum height limitation that is less than
line 855 feet, except in cases where a parcel facing a street that is less
line 9than 45 feet wide from curb to curb, in which case the maximum
line 10height shall not be less than 45 feet. If the project is exempted
line 11from the local maximum height limitation, the governing height
line 12limitation for a transit-rich housing project shall be 55 feet or 45
line 13feet, as provided in this subparagraph.
line 14(C) For purposes of this paragraph, if a parcel has street frontage
line 15on two or more different streets, the height maximum pursuant to
line 16this paragraph shall be based on the widest street.
line 17SEC. 3.No reimbursement is required by this act pursuant to
line 18Section 6 of Article XIIIB of the California Constitution because
line 19a local agency or school district has the authority to levy service
line 20charges, fees, or assessments sufcient to pay for the program or
line 21level of service mandated by this act, within the meaning of Section
line 2217556 of the Government Code.
Attachment: SB 827 - Bill Text (State Legislation: Senate Bill 827)
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Attachment: SB 827 - Map (State Legislation: Senate Bill 827)
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