HomeMy WebLinkAbout2020-07-14 - AGENDA REPORTS - STATE LEGISLATION: SB 1385 (2)O
Agenda Item: 9
P
CITY OF SANTA CLARITA AGENDA REPORT
CONSENT CALENDAR
CITY MANAGER APPROVAL:1
DATE: July 14, 2020
SUBJECT: STATE LEGISLATION: SENATE BILL 1385
DEPARTMENT: City Manager's Office
PRESENTER: Masis Hagobian
RECOMMENDED ACTION
City Council adopt the City Council Legislative Committee recommendation to oppose Senate
Bill 1385 (Caballero) and transmit position statements to Senator Anna Caballero, Santa
Clarita's state legislative delegation, appropriate legislative committees, Governor Newsom, and
the League of California Cities.
BACKGROUND
Authored by Senator Anna Caballero (D-12-Salinas), Senate Bill 1385 preempts local land use
authority by deeming a housing development project an authorized use on a lot exclusively
zoned for office or retail commercial use.
Specifically, Senate Bill 1385 enacts the "Neighborhood Homes Act," which establishes a
housing development project as an authorized use on a "neighborhood lot" zoned for office or
retail commercial use under a local agency's zoning code or general plan. For the purposes of
this summary, a "neighborhood lot" is a lot zoned for office or retail commercial uses and an
eligible site for a housing development project.
As defined in the bill, a housing development project on a "neighborhood lot" may consist of
entirely residential units or a mix of commercial retail, office, or residential uses, and must
comply with all of the following:
The density for the housing development must meet or exceed the applicable density
deemed appropriate to accommodate housing for lower income households under the
Housing Element law. For the City of Santa Clarita (City), the Housing Element law
requires at least 30 units per acre to accommodate lower income households.
The housing development is subject to local zoning, parking, design, and other
ordinances, and must comply with any design review or other procedural requirements
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imposed by a local agency, applicable to a housing development.
Additionally, Senate Bill 1385 authorizes housing developments on "neighborhood lots" to be
eligible for a streamlined ministerial review process if the project meets the following
requirements:
The proposed project meets the objective zoning, design, and subdivision standards that
apply to the "neighborhood lot" as a result of this bill;
The proposed project is a multifamily housing development on a site in which 75 percent
of the perimeter of the site adjoins parcels that are developed with urban uses; and
The site is zoned for office or retail commercial use and has no existing commercial or
residential tenants on 50 percent or more of its total square footage for a period of at least
three years prior to the submission of the application.
The City currently has policies and standards in place regarding proposed residential
developments related to parking, design standards, zoning, and overall application review.
Typically, large housing development projects undergo a comprehensive review process,
including public hearings, administrative review, and an opportunity for appeal. This allows the
City's Planning Division, Planning Commission, and the public the ability to review residential
projects based on unique community circumstances and needs, and ensures that a site has
adequate access to services and resources to sustain greater density.
Projects under a ministerial review are not subject to an appeals process, public hearing, and the
California Environmental Quality Act (CEQA) review. If this bill is implemented, the following
standards in the City's Unified Development Code will also no longer apply to residential
developments as prescribed in this legislation:
Discretionary Review
a. An application to construct the prescribed residential development requires a
discretionary review that includes the City's ability to either approve, approve
with conditions, approve with modifications, refer the request to the Commission,
or deny the application for a proposed use, modification, or development based on
the following:
i. That the use, development of land, or application of development
standards is in compliance with all applicable provisions of the Santa
Clarita Unified Development Code; and
ii. That the use, development of land, or application of development
standards, when considered on the basis of the suitability of the site for the
particular use or development intended, is so arranged as to avoid traffic
congestion; insure the protection of public health, safety, and general
welfare; prevent adverse effects on neighboring property; and is in
conformity with good zoning practice.
2. Zoning
a. Specific zoning is reserved in the City, including that residential units cannot be
developed in business parks and industrial zones to achieve the following
purposes:
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i. To reserve appropriate areas for the continuation of residential living at
specific dwelling unit densities, consistent with the Santa Clarita General
Plan and with sound standards to preserve public health, safety, and
welfare.
ii. To minimize traffic congestion and to avoid the overloading of public
services and utilities by preventing the construction of buildings of
excessive bulk or number in relation to the land area around them.
iii. To facilitate the provision of utility services and other public facilities
commensurate with anticipated population, dwelling unit densities, and
service requirements.
iv. To promote high standards for site planning, architecture, and landscape
design for development within the City while preserving the City's
historical and natural resources such as oak trees, river areas, and
ridgelines.
City's Parking Standards
a. Studio units - one enclosed parking space per unit
b. One bedroom units - two enclosed parking spaces per unit
c. Two bedroom units - two enclosed parking spaces per unit
d. Guest parking - one parking space per each two units
The City Council, upon the recommendation of the Legislative Committee, opposed two similar
bills, Senate Bill 50 (Wiener) at the February 26, 2019, Regular City Council Meeting and
Senate Bill 330 (Skinner) at the July 9, 2019, Regular City Council Meeting.
Additionally, the recommendation to oppose Senate Bill 1385 is consistent with the City of Santa
Clarita 2020 Legislative Platform. Specifically, Component 21 under the "State" section advises
that the City Council, "Oppose legislation that would interfere with, limit or eliminate the
decision -making authority of municipalities in the area of local land use."
Senate Bill 1385 was introduced on February 21, 2020, as a spot bill and amended on May 6,
2020. The bill was approved by the Senate (39-0-1) on June 24, 2020. Senator Scott Wilk voted
in support of the bill and a vote was not recorded for Senator Henry Stern. Senate Bill 1385 is
pending assignment to a policy committee in the Assembly.
The City Council Legislative Committee met on June 29, 2020, and recommends that the City
Council adopt an "oppose" position on Senate Bill 1385.
ALTERNATIVE ACTION
1. Adopt a "neutral" position on Senate Bill 1385
2. Adopt a "support" position on Senate Bill 1385
3. Take no action on Senate Bill 1385
4. Refer Senate Bill 1385 back to the Legislative Committee
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5. Other action, as determined by the City Council
FISCAL IMPACT
The resources required to implement the recommended action are contained within the City of
Santa Clarita's adopted FY 2020-21 budget.
ATTACHMENTS
SB 1385 - Bill Text
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AMENDED IN SENATE JUKE 18, 2020
AMENDED IN SENATE MAY 20, 2020
AMENDED IN SENATE MAY 6, 2020
SENATE BILL
10[c1;R
Introduced by Senators Caballero and Rubio
(Principal coauthors: Senators Atkins, Lena Gonzalez, Hertzberg,
McGuire, and Wiener)
(Coauthors: Senatorsliff Durazo, Galgiani, Hill, Hueso, and Roth)
February 21, 2020
An act to amend Sections 53339.6 and 65913.4 of, and to add Section
65852.23 to, the Government Code, relating to land use.
LEGISLATIVE COUNSEL'S DIGEST
SB 1385, as amended, Caballero. Local planning: housing:
commercial zones.
The Planning and Zoning Law requires each county and city to adopt
a comprehensive, long-term general plan for its physical development,
and the development of certain lands outside its boundaries, that
includes, among other mandatory elements, a housing element. Existing
law requires that the housing element include, among other things, an
inventory of land suitable and available for residential development. If
the inventory of sites does not identify adequate sites to accommodate
the need for groups of all households pursuant to specified law, existing
law requires the local government to rezone sites within specified time
periods and that this rezoning accommodate 100% of the need for
housing for very low and low-income households on sites that will be
zoned to permit owner -occupied and rental multifamily residential use
by right for specified developments.
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This bill, the Neighborhood Homes Act, would deem a housing
development project, as defined, an .,,,� allowable use on a
neighborhood lot that is zoned for office or retail commercial use under
a local agency's zoning code or general plan. The bill would require
the density for a housing development under these provisions to meet
or exceed the density deemed appropriate to accommodate housing for
lower income households according to the type of local jurisdiction,
including a density of at least 20 units per acre for a suburban
jurisdiction. The hill would require the housing development to meet
all other local requirements for a neighborhood lot zoned for office or
retail commercial use, other than those that prohibit residential use,
or allow residential use at a lower density than that required by the
hill. The bill would provide that a housing development under these
provisions is subject to the local zoning, parking, and design ordinances,
and any design review or other public notice, comment, hearing, or
procedure applicable to a housing development in a zone with the
applicable density. The bill would provide that the local zoning
designation applies if the existing zoning designation for the parcel
allows residential use at a density greater than that required by these
provisions. The hill would require a local agency to require that a rental
of any unit created pursuant to the hill's provisions he for a term longer
than 30 days. The bill would authorize a local agency that met its share
of the regional housing need, as specified, to exempt a neighborhood
lot from these provisions if the local agency concurrently reallocates
the lost residential density to other lots so that there is no net loss in
residential production capacity in the jurisdiction. The bill would specify
that it does not alter or affect the application of any housing,
environmental, or labor law applicable to a housing development
authorized by these provisions, including, but not limited to, the
California Coastal Act, the California Environmental Quality Act, the
Housing Accountability Act, obligations to affirmatively further fair
housing, and any state or local affordability laws or tenant protection
laws. The bill would require an applicant of a housing development
under these provisions to provide notice of a pending application to
each commercial tenant of the neighborhood lot.
The Housing Accountability Act, which is part of the Planning and
Zoning Law, prohibits a local agency from disapproving, or conditioning
approval in a manner that renders infeasible, a housing development
project, as defined for purposes of the act, for very low, low-, or
moderate -income households or an emergency shelter unless the local
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agency makes specified written findings based on a preponderance of
the evidence in the record. That act states that it shall not be construed
to prohibit a local agency from requiring a housing development project
to comply with objective, quantifiable, written development standards,
conditions, and policies appropriate to, and consistent with, meeting
the jurisdiction's share of the regional housing need, except as provided.
That act further provides that a housing development project or
emergency shelter shall be deemed consistent, compliant, and in
conformity with an applicable plan, program, policy, ordinance,
standard, requirement, or other similar provision if there is substantial
evidence that would allow a reasonable person to conclude that the
housing development project or emergency shelter is consistent,
compliant, or in conformity.
The bill would provide that for purposes of the Housing
Accountability Act, a proposed housing development project is
consistent, compliant, and in conformity with an applicable plan,
program, policy, ordinance, standard, requirement, or other similar
provision if the housing development project is consistent with the
standards applied to the parcel pursuant to specified provisions of the
Neighborhood Homes Act and if none of the square footage in the
project is designated for hotel, motel, bed and breakfast inn, or other
transient lodging use, except for a residential hotel, as defined.
The Planning and Zoning Law, until January 1, 2026, also authorizes
a development proponent to submit an application for a multifamily
housing development that is subject to a streamlined, ministerial
approval process, as provided, and not subject to a conditional use
permit, if the development satisfies specified objective planning
standards, including a requirement that the site on which the
development is proposed is zoned for residential use or residential
mixed -use development, or has a general plan designation that allows
residential use or a mix of residential and nonresidential uses, with at
least 3/, of the square footage of the development designated for
residential use. Under that law, the proposed development is also
required to be consistent with objective zoning standards, objective
subdivision standards, and objective design review standards in effect
at the time the development is submitted to the local government.
This bill would permit the development to be proposed for a site
zoned for office or retail commercial use if the site has no existing
commercial or residential tenants on 50% or more of its total square
footage for a period of at least 3 years prior to the submission of the
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application. The bill would also provide that a project located on a
neighborhood lot, as defined, shall be deemed consistent with objective
zoning standards, objective design standards, and objective subdivision
standards if the project meets the standards applied to the parcel pursuant
to the Neighborhood Homes Act.
The Mello -Roos Community Facilities Act of 1982 authorizes a local
agency to establish a community facilities district to finance various
services, including police protection, fire protection, recreation
programs, and library services, and provides for the annexation of
territory to an existing community facilities district.
This bill would authorize an applicant seeking to develop a housing
project on a neighborhood lot to request that a local agency establish a
Mello -Roos Community Facilities District, or to request that the
neighborhood lot be annexed to an existing community facilities district,
as specified, to finance improvements and services to the units proposed
to be developed. The bill would prohibit any further proceedings to be
taken to annex the territory, or to authorize that annexation in the future,
for a period of one year from the decision of the legislative body at the
hearing on the annexation if a specified number or groups of persons,
including 50% or more of the registered voters or 6 registered voters,
whichever is more, residing within the territory proposed for annexation
or proposed to be annexed in the future, file written protests with the
legislative body. The bill would prohibit a local agency from imposing
any development, impact, or mitigation fee, charge, or exaction in
connection with the approval of a development project to the extent
that those facilities and services are funded by a community facilities
district established pursuant to these provisions.
By imposing new duties on local agencies with regard to local
planning and zoning, this bill would impose a state -mandated local
program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: yes.
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The people of the State of California do enact as follows:
1 SECTION 1. Section 53339.6 of the Government Code is
2 amended to read:
3 53339.6. (a) If 50 percent or more of the registered voters, or
4 six registered voters, whichever is more, residing within the
5 existing community facilities district, or if 50 percent or more of
6 the registered voters or six registered voters, whichever is more,
7 residing within the territory proposed for annexation or proposed
8 to be annexed in the future, or if the owners of one-half or more
9 of the area of land in the territory included in the existing district
10 and not exempt from special tax, or if the owners of one-half or
11 more of the area of land in the territory proposed to be annexed or
12 proposed to be annexed in the future and not exempt from the
13 special tax, file written protests against the proposed annexation
14 of territory to the existing community facilities district or the
15 proposed addition of territory to the existing community facilities
16 district in the future, and protests are not withdrawn so as to reduce
17 the protests to less than a majority, no further proceedings to annex
18 the same territory, or to authorize the same territory to be annexed
19 in the future, shall be undertaken for a period of one year from the
20 date of decision of the legislative body on the issues discussed at
21 the hearing.
22 (b) (1) This subdivision shall only apply to a proceeding to
23 annex or add territory that is zoned to allow residential use on a
24 neighborhood lot as provided in Section 65852.23.
25 (2) Notwithstanding subdivision (a), if 50 percent or more of
26 the registered voters or six registered voters, whichever is more,
27 residing within the territory proposed for annexation or proposed
28 to be annexed in the future, or if the owners of one-half or more
29 of the area of land in the territory proposed to be annexed or
30 proposed to be annexed in the future and not exempt from the
31 special tax, file written protests against the proposed annexation
32 of territory to the existing community facilities district or the
33 proposed addition of territory to the existing community facilities
34 district in the future, and protests are not withdrawn so as to reduce
35 the protests to less than a majority, no further proceedings to annex
36 the same territory, or to authorize the same territory to be annexed
37 in the future, shall be undertaken for a period of one year from the
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date of decision of the legislative body on the issues discussed at
the hearing.
SEC. 2. Section 65852.23 is added to the Government Code,
to read:
65852.23. (a) (1) This section shall be known, and may be
cited, as the Neighborhood Homes Act.
(2) The Legislature finds and declares that creating more
affordable housing is critical to the achievement of regional
housing needs assessment goals, and that housing units developed
at higher densities are affordable by design for California residents,
without the necessity of public subsidies, income eligibility,
occupancy restrictions, lottery procedures, or other legal
requirements applicable to deed restricted affordable housing to
serve very low and low-income residents and special needs
residents.
(b) A housing development project shall be deemed an
,,� allowable use on a neighborhood lot that is zoned for
office or retail commercial use under a local agency's zoning code
or general plan. A housing development on a neighborhood lot
authorized under this section shall be subject to all of the following:
(1) (A) The density for the housing development shall meet or
exceed the applicable density deemed appropriate to accommodate
housing for lower income households identified itt subparagraph
. as
follows:
(i) For an incorporated city within a nonmetropolitan county
and for a nonmetropolitan county that has a micropolitan area,
sites allowing at least 15 units per acre.
(ii) For an unincorporated area in a nonmetropolitan county
not included in subparagraph (A), sites allowing at least 10 units
per acre.
(iii) For a suburban jurisdiction, sites allowing at least 20 units
per acre.
(iv) For a jurisdiction in a metropolitan county, sites allowing
at least 30 units per acre.
(B) "Metropolitan county," "nonmetropolitan county,"
"nonmetropolitan county with a micropolitan area," and
"suburban," shall have the same meanings as defined in
subdivisions (d), (e), and (� of Section 65583.2.
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1 (2) (A) The housing development shall be subject to local
2 zoning, parking, design, and other ordinances applicable to a
3 housing development in a zone that meets the requirements of
4 paragraph (1).
5 (B) If more than one zoning designation of the local agency
6 meets the requirements of paragraph (1), the zoning standards
7 applicable to a parcel that allows residential use pursuant to this
8 section shall be the zoning standards that apply to the closest parcel
9 that allows residential use at a density that meets the requirements
10 of paragraph (1).
11 (C) If the existing zoning designation for the parcel, as adopted
12 by the local government, allows residential use at a density greater
13 than that required in paragraph (1), the local zoning designation
14 shall apply.
15 (3) The housing development shall comply with any design
16 review or other public notice, comment, hearing, or procedure
17 imposed by the local agency on a housing development in the
18 applicable zoning designation identified in paragraph (2).
19 (4) All other local requirements for a neighborhood lot zoned
20 for office or retail commercial use, other than those that prohibit
21 residential use, or allow residential use at a lower density than
22 provided in paragraph (1).
23 (c) A local agency shall require that a rental of any unit created
24 pursuant to this section he for a term longer than 30 days.
25 (e)
26 (d) (1) A local agency may exempt a neighborhood lot from
27 this section in its housing element if the local agency concurrently
28 reallocates the lost residential density to other lots so that there is
29 no net loss in residential production capacity in the jurisdiction.
30 (2) A local agency may reallocate the residential density from
31 an exempt neighborhood lot pursuant to this subdivision only upon
32 a finding by the local agency that the construction cost of the
33 reallocated housing units will not be greater than the construction
34 cost of housing units built under the applicable zoning standards
35 in paragraph (2) of subdivision (b).
36 (4)
37 (e) (1) This section does not alter or lessen the applicability of
38 any housing, environmental, or labor law applicable to a housing
39 development authorized by this section, including, but not limited
40 to, the following:
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1 (A) The California Coastal Act of 1976 (Division 20
2 (commencing with Section 30000) of the Public Resources Code)
3 (B) The California Environmental Quality Act (Division 13
4 (commencing with Section 21000) of the Public Resources Code).
5 (C) The Housing Accountability Act (Section 65589.5).
6 (D) The Density Bonus Law (Section 65915).
7 (E) Obligations to affirmatively further fair housing, pursuant
8 to Section 8899.50.
9 (F) State or local affordable housing laws.
10 (G) State or local tenant protection laws.
11 (2) All local demolition ordinances shall apply to a project
12 developed on a neighborhood lot.
13 (3) For purposes of the Housing Accountability Act (Section
14 65589.5), aproposed housing development project that is consistent
15 with the standards applied to the parcel pursuant to paragraph (2)
16 of subdivision (b) shall be deemed consistent, compliant, and in
17 conformity with an applicable plan, program, policy, ordinance,
18 standard, requirement, or other similar provision.
19 (e)
20 (� An applicant for a housing development under this section
21 shall provide written notice of the pending application to each
22 commercial tenant on the neighborhood lot when the application
23 is submitted.
24 ff)
25 (g) (1) An applicant seeking to develop a housing project on a
26 neighborhood lot may request that a local agency establish a
27 Mello -Roos Community Facilities District, or may request that
28 the neighborhood lot be annexed to an existing community facilities
29 district, as authorized in Chapter 2.5 (commencing with Section
30 53311) of Part 1 of Division 2 of Title 5 to finance improvements
31 and services to the units proposed to be developed.
32 (2) An annexation to a community facilities district for a
33 neighborhood lot shall be subject to a protest proceeding as
34 provided in subdivision (b) of Section 53339.6.
35 (3) An applicant who voluntarily enrolls in the district shall not
36 be required to pay a development, impact, or mitigation fee, charge,
37 or exaction in connection with the approval of a development
38 project to the extent that those facilities and services are funded
39 by a community facilities district established pursuant to this
40 subdivision. This paragraph shall not prohibit a local agency from
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1 imposing any application, development, mitigation, building, or
2 other fee to fund the construction cost of public infrastructure
3 facilities or services that are not funded by a community facilities
4 district to support a housing development project.
5 (g)
6 (h) For purposes of this section:
7 (1) "Housing development project" means a use consisting of
8 any of the following:
9 (A) Residential units only.
10 (B) Mixed -use developments consisting of residential and
11 nonresidential commercial retail or office uses. None of the square
12 footage of any such development shall he designated for hotel,
13 motel, bed and breakfast inn, or other transient lodging use, except
14 for a residential hotel.
15 (2) "Local agency" means a city, including a charter city, county,
16 or a city and county.
17 (3) "Neighborhood lot" means a lot zoned for office or retail
18 commercial uses and an eligible site for a housing development
19 project pursuant to subdivision (b).
20 (4) "Residential hotel" has the same meaning as defined in
21 Section 50519 of the Health and Safety Code.
22 SEC. 3. Section 65913.4 of the Government Code is amended
23 to read:
24 65913.4. (a) A development proponent may submit an
25 application for a development that is subject to the streamlined,
26 ministerial approval process provided by subdivision (b) and is
27 not subject to a conditional use permit if the development satisfies
28 all of the following objective planning standards:
29 (1) The development is a multifamily housing development that
30 contains two or more residential units.
31 (2) The development is located on a site that satisfies all of the
32 following:
33 (A) A site that is a legal parcel or parcels located in a city if,
34 and only if, the city boundaries include some portion of either an
35 urbanized area or urban cluster, as designated by the United States
36 Census Bureau, or, for unincorporated areas, a legal parcel or
37 parcels wholly within the boundaries of an urbanized area or urban
38 cluster, as designated by the United States Census Bureau.
39 (B) A site in which at least 75 percent of the perimeter of the
40 site adjoins parcels that are developed with urban uses. For the
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I purposes of this section, parcels that are only separated by a street
2 or highway shall be considered to be adjoined.
3 (C) (i) A site that meets the requirements of clause (ii) and
4 satisfies any of the following:
5 (I) The site is zoned for residential use or residential mixed -use
6 development.
7 (II) The site has a general plan designation that allows residential
8 use or a mix of residential and nonresidential uses.
9 (III) The site is zoned for office or retail commercial use and
10 has no existing commercial or residential tenants on 50 percent or
I I more of its total square footage for a period of at least three years
12 prior to the submission of the application.
13 (ii) A development on a site described in clause (i) shall have
14 at least two-thirds of the square footage of the development
15 designated for residential use. Additional density, floor area, and
16 units, and any other concession, incentive, or waiver of
17 development standards granted pursuant to the Density Bonus Law
18 in Section 65915 shall be included in the square footage
19 calculation. The square footage of the development shall not
20 include underground space, such as basements or underground
21 parking garages.
22 (3) (A) The development proponent has committed to record,
23 prior to the issuance of the first building permit, a land use
24 restriction or covenant providing that any lower or moderate
25 income housing units required pursuant to subparagraph (B) of
26 paragraph (4) shall remain available at affordable housing costs
27 or rent to persons and families of lower or moderate income for
28 no less than the following periods of time:
29 (i) Fifty-five years for units that are rented.
30 (ii) Forty-five years for units that are owned.
31 (B) The city or county shall require the recording of covenants
32 or restrictions implementing this paragraph for each parcel or unit
33 of real property included in the development.
34 (4) The development satisfies subparagraphs (A) and (B) below:
35 (A) Is located in a locality that the department has determined
36 is subject to this subparagraph on the basis that the number of units
37 that have been issued building permits, as shown on the most recent
38 production report received by the department, is less than the
39 locality's share of the regional housing needs, by income category,
40 for that reporting period. A locality shall remain eligible under
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1 this subparagraph until the department's determination for the next
2 reporting period.
3 (B) The development is subject to a requirement mandating a
4 minimum percentage of below market rate housing based on one
5 of the following:
6 (i) The locality did not submit its latest production report to the
7 department by the time period required by Section 65400, or that
8 production report reflects that there were fewer units of above
9 moderate -income housing issued building permits than were
10 required for the regional housing needs assessment cycle for that
11 reporting period. In addition, if the project contains more than 10
12 units of housing, the project does either of the following:
13 (I) The project dedicates a minimum of 10 percent of the total
14 number of units to housing affordable to households making at or
15 below 80 percent of the area median income. However, if the
16 locality has adopted a local ordinance that requires that greater
17 than 10 percent of the units be dedicated to housing affordable to
18 households making below 80 percent of the area median income,
19 that local ordinance applies.
20 (II) (ia) If the project is located within the San Francisco Bay
21 area, the project, in lieu of complying with subclause (I), dedicates
22 20 percent of the total number of units to housing affordable to
23 households making below 120 percent of the area median income
24 with the average income of the units at or below 100 percent of
25 the area median income. However, a local ordinance adopted by
26 the locality applies if it requires greater than 20 percent of the units
27 be dedicated to housing affordable to households making at or
28 below 120 percent of the area median income, or requires that any
29 of the units be dedicated at a level deeper than 120 percent. In
30 order to comply with this subclause, the rent or sale price charged
31 for units that are dedicated to housing affordable to households
32 between 80 percent and 120 percent of the area median income
33 shall not exceed 30 percent of the gross income of the household.
34 (ib) For purposes of this subclause, "San Francisco Bay area"
35 means the entire area within the territorial boundaries of the
36 Counties of Alameda, Contra Costa, Marin, Napa, San Mateo,
37 Santa Clara, Solano, and Sonoma, and the City and County of San
38 Francisco.
39 (ii) The locality's latest production report reflects that there
40 were fewer units of housing issued building permits affordable to
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1 either very low income or low-income households by income
2 category than were required for the regional housing needs
3 assessment cycle for that reporting period, and the project seeking
4 approval dedicates 50 percent of the total number of units to
5 housing affordable to households making at or below 80 percent
6 of the area median income. However, if the locality has adopted
7 a local ordinance that requires that greater than 50 percent of the
8 units be dedicated to housing affordable to households making at
9 or below 80 percent of the area median income, that local ordinance
10 applies.
11 (iii) The locality did not submit its latest production report to
12 the department by the time period required by Section 65400, or
13 if the production report reflects that there were fewer units of
14 housing affordable to both income levels described in clauses (i)
15 and (ii) that were issued building permits than were required for
16 the regional housing needs assessment cycle for that reporting
17 period, the project seeking approval may choose between utilizing
18 clause (i) or (ii).
19 (C) (i) A development proponent that uses a unit of affordable
20 housing to satisfy the requirements of subparagraph (B) may also
21 satisfy any other local or state requirement for affordable housing,
22 including local ordinances or the Density Bonus Law in Section
23 65915, provided that the development proponent complies with
24 the applicable requirements in the state or local law.
25 (ii) A development proponent that uses a unit of affordable
26 housing to satisfy any other state or local affordability requirement
27 may also satisfy the requirements of subparagraph (B), provided
28 that the development proponent complies with applicable
29 requirements of subparagraph (B).
30 (iii) A development proponent may satisfy the affordability
31 requirements of subparagraph (B) with a unit that is restricted to
32 households with incomes lower than the applicable income limits
33 required in subparagraph (B).
34 (5) The development, excluding any additional density or any
35 other concessions, incentives, or waivers of development standards
36 granted pursuant to the Density Bonus Law in Section 65915, is
37 consistent with objective zoning standards, objective subdivision
38 standards, and objective design review standards in effect at the
39 time that the development is submitted to the local government
40 pursuant to this section. For purposes of this paragraph, "objective
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1 zoning standards," "objective subdivision standards," and
2 "objective design review standards" mean standards that involve
3 no personal or subjective judgment by a public official and are
4 uniformly verifiable by reference to an external and uniform
5 benchmark or criterion available and knowable by both the
6 development applicant or proponent and the public official before
7 submittal. These standards may be embodied in alternative
8 objective land use specifications adopted by a city or county, and
9 may include, but are not limited to, housing overlay zones, specific
10 plans, inclusionary zoning ordinances, and density bonus
11 ordinances, subject to the following:
12 (A) A development shall be deemed consistent with the objective
13 zoning standards related to housing density, as applicable, if the
14 density proposed is compliant with the maximum density allowed
15 within that land use designation, notwithstanding any specified
16 maximum unit allocation that may result in fewer units of housing
17 being permitted.
18 (B) In the event that objective zoning, general plan, subdivision,
19 or design review standards are mutually inconsistent, a
20 development shall be deemed consistent with the objective zoning
21 and subdivision standards pursuant to this subdivision if the
22 development is consistent with the standards set forth in the general
23 plan.
24 (C) The amendments to this subdivision made by the act adding
25 this subparagraph do not constitute a change in, but are declaratory
26 of, existing law.
27 (D) A project located on a neighborhood lot, as defined in
28 Section 65852.23, shall be deemed consistent with objective zoning
29 standards, objective design standards, and objective subdivision
30 standards if the project meets the standards applied to the parcel
31 pursuant to subdivision (b) of Section ma`s 65852.23 and if
32 none of the square footage in the project is designated for hotel,
33 motel, bed and breakfast inn, or other transient lodging use, except
34 for a residential hotel. For purposes of this subdivision,
35 "residential hotel" shall have the same meaning as defined in
36 Section 50519 of the Health and Safety Code.
37 (6) The development is not located on a site that is any of the
38 following:
39 (A) A coastal zone, as defined in Division 20 (commencing
40 with Section 30000) of the Public Resources Code.
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1 (B) Either prime farmland or farmland of statewide importance,
2 as defined pursuant to United States Department of Agriculture
3 land inventory and monitoring criteria, as modified for California,
4 and designated on the maps prepared by the Farmland Mapping
5 and Monitoring Program of the Department of Conservation, or
6 land zoned or designated for agricultural protection or preservation
7 by a local ballot measure that was approved by the voters of that
8 jurisdiction.
9 (C) Wetlands, as defined in the United States Fish and Wildlife
10 Service Manual, Part 660 FW 2 (June 21, 1993).
11 (D) Within a very high fire hazard severity zone, as determined
12 by the Department of Forestry and Fire Protection pursuant to
13 Section 51178, or within a high or very high fire hazard severity
14 zone as indicated on maps adopted by the Department of Forestry
15 and Fire Protection pursuant to Section 4202 of the Public
16 Resources Code. This subparagraph does not apply to sites
17 excluded from the specified hazard zones by a local agency,
18 pursuant to subdivision (b) of Section 51179, or sites that have
19 adopted fire hazard mitigation measures pursuant to existing
20 building standards or state fire mitigation measures applicable to
21 the development.
22 (E) A hazardous waste site that is listed pursuant to Section
23 65962.5 or a hazardous waste site designated by the Department
24 of Toxic Substances Control pursuant to Section 25356 of the
25 Health and Safety Code, unless the State Department of Public
26 Health, State Water Resources Control Board, or Department of
27 Toxic Substances Control has cleared the site for residential use
28 or residential mixed uses.
29 (F) Within a delineated earthquake fault zone as determined by
30 the State Geologist in any official maps published by the State
31 Geologist, unless the development complies with applicable seismic
32 protection building code standards adopted by the California
33 Building Standards Commission under the California Building
34 Standards Law (Part 2.5 (commencing with Section 18901) of
35 Division 13 of the Health and Safety Code), and by any local
36 building department under Chapter 12.2 (commencing with Section
37 8875) of Division 1 of Title 2.
38 (G) Within a special flood hazard area subject to inundation by
39 the 1 percent annual chance flood (100-year flood) as determined
40 by the Federal Emergency Management Agency in any official
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1 maps published by the Federal Emergency Management Agency.
2 If a development proponent is able to satisfy all applicable federal
3 qualifying criteria in order to provide that the site satisfies this
4 subparagraph and is otherwise eligible for streamlined approval
5 under this section, a local government shall not deny the application
6 on the basis that the development proponent did not comply with
7 any additional permit requirement, standard, or action adopted by
8 that local government that is applicable to that site. A development
9 may be located on a site described in this subparagraph if either
10 of the following are met:
11 (i) The site has been subject to a Letter of Map Revision
12 prepared by the Federal Emergency Management Agency and
13 issued to the local jurisdiction.
14 (ii) The site meets Federal Emergency Management Agency
15 requirements necessary to meet minimum flood plain management
16 criteria of the National Flood Insurance Program pursuant to Part
17 59 (commencing with Section 59.1) and Part 60 (commencing
18 with Section 60.1) of Subchapter B of Chapter I of Title 44 of the
19 Code of Federal Regulations.
20 (H) Within a regulatory floodway as determined by the Federal
21 Emergency Management Agency in any official maps published
22 by the Federal Emergency Management Agency, unless the
23 development has received a no -rise certification in accordance
24 with Section 60.3(d)(3) of Title 44 of the Code of Federal
25 Regulations. If a development proponent is able to satisfy all
26 applicable federal qualifying criteria in order to provide that the
27 site satisfies this subparagraph and is otherwise eligible for
28 streamlined approval under this section, a local government shall
29 not deny the application on the basis that the development
30 proponent did not comply with any additional permit requirement,
31 standard, or action adopted by that local government that is
32 applicable to that site.
33 (I) Lands identified for conservation in an adopted natural
34 community conservation plan pursuant to the Natural Community
35 Conservation Planning Act (Chapter 10 (commencing with Section
36 2800) of Division 3 of the Fish and Game Code), habitat
37 conservation plan pursuant to the federal Endangered Species Act
38 of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural
39 resource protection plan.
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1 (J) Habitat for protected species identified as candidate,
2 sensitive, or species of special status by state or federal agencies,
3 fully protected species, or species protected by the federal
4 Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.),
5 the California Endangered Species Act (Chapter 1.5 (commencing
6 with Section 2050) of Division 3 of the Fish and Game Code), or
7 the Native Plant Protection Act (Chapter 10 (commencing with
8 Section 1900) of Division 2 of the Fish and Game Code).
9 (K) Lands under conservation easement.
10 (7) The development is not located on a site where any of the
11 following apply:
12 (A) The development would require the demolition of the
13 following types of housing:
14 (i) Housing that is subject to a recorded covenant, ordinance,
15 or law that restricts rents to levels affordable to persons and
16 families of moderate, low, or very low income.
17 (ii) Housing that is subject to any form of rent or price control
18 through a public entity's valid exercise of its police power.
19 (iii) Housing that has been occupied by tenants within the past
20 10 years.
21 (B) The site was previously used for housing that was occupied
22 by tenants that was demolished within 10 years before the
23 development proponent submits an application under this section.
24 (C) The development would require the demolition of a historic
25 structure that was placed on a national, state, or local historic
26 register.
27 (D) The property contains housing units that are occupied by
28 tenants, and units at the property are, or were, subsequently offered
29 for sale to the general public by the subdivider or subsequent owner
30 of the property.
31 (8) The development proponent has done both of the following,
32 as applicable:
33 (A) Certified to the locality that either of the following is true,
34 as applicable:
35 (i) The entirety of the development is a public work for purposes
36 of Chapter 1 (commencing with Section 1720) of Part 7 of Division
37 2 of the Labor Code.
38 (ii) If the development is not in its entirety a public work, that
39 all construction workers employed in the execution of the
40 development will be paid at least the general prevailing rate of per
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1 diem wages for the type of work and geographic area, as
2 determined by the Director of Industrial Relations pursuant to
3 Sections 1773 and 1773.9 of the Labor Code, except that
4 apprentices registered in programs approved by the Chief of the
5 Division of Apprenticeship Standards may be paid at least the
6 applicable apprentice prevailing rate. If the development is subject
7 to this subparagraph, then for those portions of the development
8 that are not a public work all of the following shall apply:
9 (I) The development proponent shall ensure that the prevailing
10 wage requirement is included in all contracts for the performance
11 of the work.
12 (II) All contractors and subcontractors shall pay to all
13 construction workers employed in the execution of the work at
14 least the general prevailing rate of per diem wages, except that
15 apprentices registered in programs approved by the Chief of the
16 Division of Apprenticeship Standards may be paid at least the
17 applicable apprentice prevailing rate.
18 (III) Except as provided in subclause (V), all contractors and
19 subcontractors shall maintain and verify payroll records pursuant
20 to Section 1776 of the Labor Code and make those records
21 available for inspection and copying as provided therein.
22 (IV) Except as provided in subclause (V), the obligation of the
23 contractors and subcontractors to pay prevailing wages may be
24 enforced by the Labor Commissioner through the issuance of a
25 civil wage and penalty assessment pursuant to Section 1741 of the
26 Labor Code, which may be reviewed pursuant to Section 1742 of
27 the Labor Code, within 18 months after the completion of the
28 development, by an underpaid worker through an administrative
29 complaint or civil action, or by a joint labor-management
30 committee through a civil action under Section 1771.2 of the Labor
31 Code. If a civil wage and penalty assessment is issued, the
32 contractor, subcontractor, and surety on a bond or bonds issued to
33 secure the payment of wages covered by the assessment shall be
34 liable for liquidated damages pursuant to Section 1742.1 of the
35 Labor Code.
36 (V) Subclauses (III) and (IV) shall not apply if all contractors
37 and subcontractors performing work on the development are subject
38 to a project labor agreement that requires the payment of prevailing
39 wages to all construction workers employed in the execution of
40 the development and provides for enforcement of that obligation
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1 through an arbitration procedure. For purposes of this clause,
2 "project labor agreement" has the same meaning as set forth in
3 paragraph (1) of subdivision (b) of Section 2500 of the Public
4 Contract Code.
5 (VI) Notwithstanding subdivision (c) of Section 1773.1 of the
6 Labor Code, the requirement that employer payments not reduce
7 the obligation to pay the hourly straight time or overtime wages
8 found to be prevailing shall not apply if otherwise provided in a
9 bona fide collective bargaining agreement covering the worker.
10 The requirement to pay at least the general prevailing rate of per
11 diem wages does not preclude use of an alternative workweek
12 schedule adopted pursuant to Section 511 or 514 of the Labor
13 Code.
14 (B) (i) For developments for which any of the following
15 conditions apply, certified that a skilled and trained workforce
16 shall be used to complete the development if the application is
17 approved:
18 (I) On and after January 1, 2018, until December 31, 2021, the
19 development consists of 75 or more units with a residential
20 component that is not 100 percent subsidized affordable housing
21 and will be located within a jurisdiction located in a coastal or bay
22 county with a population of 225,000 or more.
23 (II) On and after January 1, 2022, until December 31, 2025, the
24 development consists of 50 or more units with a residential
25 component that is not 100 percent subsidized affordable housing
26 and will be located within a jurisdiction located in a coastal or bay
27 county with a population of 225,000 or more.
28 (III) On and after January 1, 2018, until December 31, 2019,
29 the development consists of 75 or more units with a residential
30 component that is not 100 percent subsidized affordable housing
31 and will be located within a jurisdiction with a population of fewer
32 than 550,000 and that is not located in a coastal or bay county.
33 (IV) On and after January 1, 2020, until December 31, 2021,
34 the development consists of more than 50 units with a residential
35 component that is not 100 percent subsidized affordable housing
36 and will be located within a jurisdiction with a population of fewer
37 than 550,000 and that is not located in a coastal or bay county.
38 (V) On and after January 1, 2022, until December 31, 2025, the
39 development consists of more than 25 units with a residential
40 component that is not 100 percent subsidized affordable housing
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1 and will be located within a jurisdiction with a population of fewer
2 than 550,000 and that is not located in a coastal or bay county.
3 (ii) For purposes of this section, "skilled and trained workforce"
4 has the same meaning as provided in Chapter 2.9 (commencing
5 with Section 2600) of Part 1 of Division 2 of the Public Contract
6 Code.
7 (iii) If the development proponent has certified that a skilled
8 and trained workforce will be used to complete the development
9 and the application is approved, the following shall apply:
10 (I) The applicant shall require in all contracts for the
11 performance of work that every contractor and subcontractor at
12 every tier will individually use a skilled and trained workforce to
13 complete the development.
14 (II) Every contractor and subcontractor shall use a skilled and
15 trained workforce to complete the development.
16 (III) Except as provided in subclause (IV), the applicant shall
17 provide to the locality, on a monthly basis while the development
18 or contract is being performed, a report demonstrating compliance
19 with Chapter 2.9 (commencing with Section 2600) of Part 1 of
20 Division 2 of the Public Contract Code. A monthly report provided
21 to the locality pursuant to this subclause shall be a public record
22 under the California Public Records Act (Chapter 3.5 (commencing
23 with Section 6250) of Division 7 of Title 1) and shall be open to
24 public inspection. An applicant that fails to provide a monthly
25 report demonstrating compliance with Chapter 2.9 (commencing
26 with Section 2600) of Part 1 of Division 2 of the Public Contract
27 Code shall be subject to a civil penalty of ten thousand dollars
28 ($10,000) per month for each month for which the report has not
29 been provided. Any contractor or subcontractor that fails to use a
30 skilled and trained workforce shall be subject to a civil penalty of
31 two hundred dollars ($200) per day for each worker employed in
32 contravention of the skilled and trained workforce requirement.
33 Penalties may be assessed by the Labor Commissioner within 18
34 months of completion of the development using the same
35 procedures for issuance of civil wage and penalty assessments
36 pursuant to Section 1741 of the Labor Code, and may be reviewed
37 pursuant to the same procedures in Section 1742 of the Labor
38 Code. Penalties shall be paid to the State Public Works
39 Enforcement Fund.
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1 (IV) Subclause (III) shall not apply if all contractors and
2 subcontractors performing work on the development are subject
3 to a project labor agreement that requires compliance with the
4 skilled and trained workforce requirement and provides for
5 enforcement of that obligation through an arbitration procedure.
6 For purposes of this subparagraph, "project labor agreement" has
7 the same meaning as set forth in paragraph (1) of subdivision (b)
8 of Section 2500 of the Public Contract Code.
9 (C) Notwithstanding subparagraphs (A) and (B), a development
10 that is subject to approval pursuant to this section is exempt from
11 any requirement to pay prevailing wages or use a skilled and
12 trained workforce if it meets both of the following:
13 (i) The project includes 10 or fewer units.
14 (ii) The project is not a public work for purposes of Chapter 1
15 (commencing with Section 1720) of Part 7 of Division 2 of the
16 Labor Code.
17 (9) The development did not or does not involve a subdivision
18 of a parcel that is, or, notwithstanding this section, would otherwise
19 be, subject to the Subdivision Map Act (Division 2 (commencing
20 with Section 66410)) or any other applicable law authorizing the
21 subdivision of land, unless the development is consistent with all
22 objective subdivision standards in the local subdivision ordinance,
23 and either of the following apply:
24 (A) The development has received or will receive financing or
25 funding by means of a low-income housing tax credit and is subject
26 to the requirement that prevailing wages be paid pursuant to
27 subparagraph (A) of paragraph (8).
28 (B) The development is subject to the requirement that
29 prevailing wages be paid, and a skilled and trained workforce used,
30 pursuant to paragraph (8).
31 (10) The development shall not be upon an existing parcel of
32 land or site that is governed under the Mobilehome Residency Law
33 (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2
34 of Division 2 of the Civil Code), the Recreational Vehicle Park
35 Occupancy Law (Chapter 2.6 (commencing with Section 799.20)
36 of Title 2 of Part 2 of Division 2 of the Civil Code), the
37 Mobilehome Parks Act (Part 2.1(commencing with Section 18200)
38 of Division 13 of the Health and Safety Code), or the Special
39 Occupancy Parks Act (Part 2.3 (commencing with Section 18860)
40 of Division 13 of the Health and Safety Code).
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I (b) (1) If a local government determines that a development
2 submitted pursuant to this section is in conflict with any of the
3 objective planning standards specified in subdivision (a), it shall
4 provide the development proponent written documentation of
5 which standard or standards the development conflicts with, and
6 an explanation for the reason or reasons the development conflicts
7 with that standard or standards, as follows:
8 (A) Within 60 days of submittal of the development to the local
9 government pursuant to this section if the development contains
10 150 or fewer housing units.
I I (B) Within 90 days of submittal of the development to the local
12 government pursuant to this section if the development contains
13 more than 150 housing units.
14 (2) If the local government fails to provide the required
15 documentation pursuant to paragraph (1), the development shall
16 be deemed to satisfy the objective planning standards specified in
17 subdivision (a).
18 (3) For purposes of this section, a development is consistent
19 with the objective planning standards specified in subdivision (a)
20 if there is substantial evidence that would allow a reasonable person
21 to conclude that the development is consistent with the objective
22 planning standards.
23 (c) (1) Any design review or public oversight of the
24 development may be conducted by the local government's planning
25 commission or any equivalent board or commission responsible
26 for review and approval of development projects, or the city council
27 or board of supervisors, as appropriate. That design review or
28 public oversight shall be objective and be strictly focused on
29 assessing compliance with criteria required for streamlined projects,
30 as well as any reasonable objective design standards published
31 and adopted by ordinance or resolution by a local jurisdiction
32 before submission of a development application, and shall be
33 broadly applicable to development within the jurisdiction. That
34 design review or public oversight shall be completed as follows
35 and shall not in any way inhibit, chill, or preclude the ministerial
36 approval provided by this section or its effect, as applicable:
37 (A) Within 90 days of submittal of the development to the local
38 government pursuant to this section if the development contains
39 150 or fewer housing units.
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1 (B) Within 180 days of submittal of the development to the
2 local government pursuant to this section if the development
3 contains more than 150 housing units.
4 (2) If the development is consistent with the requirements of
5 subparagraph (A) or (B) of paragraph (9) of subdivision (a) and
6 is consistent with all objective subdivision standards in the local
7 subdivision ordinance, an application for a subdivision pursuant
8 to the Subdivision Map Act (Division 2 (commencing with Section
9 66410)) shall be exempt from the requirements of the California
10 Environmental Quality Act (Division 13 (commencing with Section
11 21000) of the Public Resources Code) and shall be subject to the
12 public oversight timelines set forth in paragraph (1).
13 (d) (1) Notwithstanding any other law, a local government,
14 whether or not it has adopted an ordinance governing automobile
15 parking requirements in multifamily developments, shall not
16 impose automobile parking standards for a streamlined
17 development that was approved pursuant to this section in any of
18 the following instances:
19 (A) The development is located within one-half mile of public
20 transit.
21 (B) The development is located within an architecturally and
22 historically significant historic district.
23 (C) When on -street parking permits are required but not offered
24 to the occupants of the development.
25 (D) When there is a car share vehicle located within one block
26 of the development.
27 (2) If the development does not fall within any of the categories
28 described in paragraph (1), the local government shall not impose
29 automobile parking requirements for streamlined developments
30 approved pursuant to this section that exceed one parking space
31 per unit.
32 (e) (1) If a local government approves a development pursuant
33 to this section, then, notwithstanding any other law, that approval
34 shall not expire if the project includes public investment in housing
35 affordability, beyond tax credits, where 50 percent of the units are
36 affordable to households making at or below 80 percent of the area
37 median income.
38 (2) (A) If a local government approves a development pursuant
39 to this section and the project does not include 50 percent of the
40 units affordable to households making at or below 80 percent of
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I the area median income, that approval shall remain valid for three
2 years from the date of the final action establishing that approval,
3 or if litigation is filed challenging that approval, from the date of
4 the final judgment upholding that approval. Approval shall remain
5 valid for a project provided that vertical construction of the
6 development has begun and is in progress. For purposes of this
7 subdivision, "in progress" means one of the following:
8 (i) The construction has begun and has not ceased for more than
9 180 days.
10 (ii) If the development requires multiple building permits, an
I I initial phase has been completed, and the project proponent has
12 applied for and is diligently pursuing a building permit for a
13 subsequent phase, provided that once it has been issued, the
14 building permit for the subsequent phase does not lapse.
15 (B) Notwithstanding subparagraph (A), a local government may
16 grant a project a one-time, one-year extension if the project
17 proponent can provide documentation that there has been
18 significant progress toward getting the development construction
19 ready, such as filing a building permit application.
20 (3) If a local government approves a development pursuant to
21 this section, that approval shall remain valid for three years from
22 the date of the final action establishing that approval and shall
23 remain valid thereafter for a project so long as vertical construction
24 of the development has begun and is in progress. Additionally, the
25 development proponent may request, and the local government
26 shall have discretion to grant, an additional one-year extension to
27 the original three-year period. The local government's action and
28 discretion in determining whether to grant the foregoing extension
29 shall be limited to considerations and processes set forth in this
30 section.
31 (f) (1) A local government shall not adopt or impose any
32 requirement, including, but not limited to, increased fees or
33 inclusionary housing requirements, that applies to aproject solely
34 or partially on the basis that the project is eligible to receive
35 ministerial or streamlined approval pursuant to this section.
36 (2) A local government shall issue a subsequent permit required
37 for a development approved under this section if the application
38 substantially complies with the development as it was approved
39 pursuant to subdivision (b). Upon receipt of an application for a
40 subsequent permit, the local government shall process the permit
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I without unreasonable delay and shall not impose any procedure
2 or requirement that is not imposed on projects that are not approved
3 pursuant to this section. Issuance of subsequent permits shall
4 implement the approved development, and review of the permit
5 application shall not inhibit, chill, or preclude the development.
6 For purposes of this paragraph, a "subsequent permit" means a
7 permit required subsequent to receiving approval under subdivision
8 (b), and includes, but is not limited to, demolition, grading, and
9 building permits and final maps, if necessary.
10 (g) (1) This section shall not affect a development proponent's
I I ability to use any alternative streamlined by right permit processing
12 adopted by a local government, including the provisions of
13 subdivision (i) of Section 65583.2.
14 (2) This section shall not prevent a development from also
15 qualifying as a housing development project entitled to the
16 protections of Section 65589.5. This paragraph does not constitute
17 a change in, but is declaratory of, existing law.
18 (h) The California Environmental Quality Act (Division 13
19 (commencing with Section 21000) of the Public Resources Code)
20 does not apply to actions taken by a state agency, local government,
21 or the San Francisco Bay Area Rapid Transit District to:
22 (1) Lease, convey, or encumber land owned by the local
23 government or the San Francisco Bay Area Rapid Transit District
24 or to facilitate the lease, conveyance, or encumbrance of land
25 owned by the local government, or for the lease of land owned by
26 the San Francisco Bay Area Rapid Transit District in association
27 with an eligible TOD project, as defined pursuant to Section
28 29010.1 of the Public Utilities Code, nor to any decisions
29 associated with that lease, or to provide financial assistance to a
30 development that receives streamlined approval pursuant to this
31 section that is to be used for housing for persons and families of
32 very low, low, or moderate income, as defined in Section 50093
33 of the Health and Safety Code.
34 (2) Approve improvements located on land owned by the local
35 government or the San Francisco Bay Area Rapid Transit District
36 that are necessary to implement a development that receives
37 streamlined approval pursuant to this section that is to be used for
38 housing for persons and families of very low, low, or moderate
39 income, as defined in Section 50093 of the Health and Safety Code.
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1 (i) For purposes of this section, the following terms have the
2 following meanings:
3 (1) "Affordable housing cost" has the same meaning as set forth
4 in Section 50052.5 of the Health and Safety Code.
5 (2) "Affordable rent" has the same meaning as set forth in
6 Section 50053 of the Health and Safety Code.
7 (3) "Department" means the Department of Housing and
8 Community Development.
9 (4) "Development proponent" means the developer who submits
10 an application for streamlined approval pursuant to this section.
11 (5) "Completed entitlements" means a housing development
12 that has received all the required land use approvals or entitlements
13 necessary for the issuance of a building permit.
14 (6) "Locality" or "local government" means a city, including a
15 charter city, a county, including a charter county, or a city and
16 county, including a charter city and county.
17 (7) "Moderate income housing units" means housing units with
18 an affordable housing cost or affordable rent for persons and
19 families of moderate income, as that term is defined in Section
20 50093 of the Health and Safety Code.
21 (8) "Production report" means the information reported pursuant
22 to subparagraph (H) of paragraph (2) of subdivision (a) of Section
23 65400.
24 (9) "State agency" includes every state office, officer,
25 department, division, bureau, board, and commission, but does not
26 include the California State University or the University of
27 California.
28 (10) "Subsidized" means units that are price or rent restricted
29 such that the units are affordable to households meeting the
30 definitions of very low and lower income, as defined in Sections
31 50079.5 and 50105 of the Health and Safety Code.
32 (11) "Reporting period" means either of the following:
33 (A) The first half of the regional housing needs assessment
34 cycle.
35 (B) The last half of the regional housing needs assessment cycle.
36 (12) "Urban uses" means any current or former residential,
37 commercial, public institutional, transit or transportation passenger
38 facility, or retail use, or any combination of those uses.
39 0) The department may review, adopt, amend, and repeal
40 guidelines to implement uniform standards or criteria that
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SB 1385 — 26 —
9.a
1 supplement or clarify the terms, references, or standards set forth
2 in this section. Any guidelines or terms adopted pursuant to this
3 subdivision shall not be subject to Chapter 3.5 (commencing with
4 Section 11340) of Part 1 of Division 3 of Title 2 of the Government
5 Code.
6 (k) The determination of whether an application for a
7 development is subject to the streamlined ministerial approval
8 process provided by subdivision (b) is not a "project" as defined
9 in Section 21065 of the Public Resources Code.
10 (/) It is the policy of the state that this section be interpreted and
11 implemented in a manner to afford the fullest possible weight to
12 the interest of, and the approval and provision of, increased housing
13 supply.
14 (m) This section shall remain in effect only until January 1,
15 2026, and as of that date is repealed.
16 SEC. 4. No reimbursement is required by this act pursuant to
17 Section 6 of Article XIIIB of the California Constitution because
18 a local agency or school district has the authority to levy service
19 charges, fees, or assessments sufficient to pay for the program or
20 level of service mandated by this act, within the meaning of Section
21 17556 of the Government Code.
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