HomeMy WebLinkAbout2017-04-25 - AGENDA REPORTS - STATE LEGISLATION SB 35 (2)Agenda Item: 4
CITY OF SANTA CLARITA
AGENDA REPORT
CONSENT CALENDAR
CITY MANAGER APPROVAL: fill
DATE: April 25, 2017
SUBJECT: STATE LEGISLATION: SENATE BILL 35
DEPARTMENT: City Manager's Office
PRESENTER: Masis Hagobian
RECOMMENDED ACTION
City Council adopt the Legislative Committee's recommendation to oppose Senate Bill 35
(Wiener) and transmit position statements to Senator Wiener, Santa Clarita's state legislative
delegation, appropriate legislative committees, Governor Brown, and the League of California
Cities.
BACKGROUND
Authored by Senator Scott Wiener (D-San Francisco), Senate Bill 35 proposes to require a city
or county to submit to the State Legislature, the Department of Housing and Community
Development, and the Office of Planning and Research, an annual report regarding a local
agency's general plan related to housing. This bill also proposes to streamline the approval
process for specific multifamily residential developments by eliminating the requirement of a
conditional use permit by a local agency.
Specifically, this bill:
1. Requires a city or county, on or before April 1, 2018, and on or before April 1 each year
thereafter, to submit a report to the State Legislature, the Department of Housing and
Community Development, and the Office of Planning and Research that includes the
following:
a. The units of housing that have secured all approvals needed to qualify for a
building permit from a local government and the income category each unit of
housing satisfies.
b. The status of the general plan and progress in meeting the local share of regional
housing needs determined by the general plan.
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2. Prohibits a city or county from issuing a conditional use permit on a multifamily housing
development, if the development meets the following criteria:
a. The development contains two or more residential units.
b. The development is located on a site that satisfies both of the following: is an
urban infill site and is zoned for residential use or residential mixed use
development.
c. If the development contains units that are subsidized, units shall remain
subsidized for 55 years if rented and 45 years if owned.
d. The development is consistent with objective zoning standards and objective
design review standards in effect at the time that the development is submitted to
the local government.
e. The development is subject to a requirement mandating a minimum percentage of
below market rate housing based on the following:
(a) The city or county constructed fewer units of above moderate income
housing than was required for that year and dedicates an unspecified
percentage of the total number of units to below market rate housing.
(b) The city or county constructed fewer units of very low, low or moderate
income housing than was required for that year, and dedicates an
unspecified percentage of the total number of units to below market rate
housing.
f. The development is not located on a site that is any of the following: a coastal
zone, prime farmland or farmland of statewide importance, wetlands, or a
hazardous waste site. The development shall also not be within: a very high fire
hazard severity zone, delineated earthquake fault zone, flood plain, or floodway.
g. The development does not require the demolition of the following: housing that is
subject to rent control, housing that is subject to deed restrictions, housing that
has been occupied by residents within the past 10 years, or a historic structure that
was placed on a national, state, or local historic register prior to December 31,
2016.
3. Restricts a city or county from requiring more than one parking space per unit for any
multifamily residential development that meets the criteria listed in Section (2) of this
summary. A city or county cannot impose any parking standards if the multifamily
residential development meets the listed criteria in Section (2) of this summary and is
pursuant to any of the following instances:
a. The development is located within one-half mile of public transit.
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b. The development is located within an architecturally and historically significant
historic district.
c. When on -street parking permits are required but not offered to the occupants of
the development.
d. When there is a car share vehicle located within one block of the development.
This bill proposes a streamlined process for multifamily residential developments and as a result,
pre-empts local discretionary land use authority. Senate Bill 35 restricts local agencies from
administering a conditional use permit on specific multifamily residential developments that
meet standards listed in the bill. Furthermore, the current version of this bill eliminates the
public hearing component used by local planning departments when reviewing proposed new
multifamily residential developments. As a result, concerns regarding traffic, parking and other
development impacts related to local land use may never be reviewed by a local agency if Senate
Bill 35 is to pass.
The City of Santa Clarita 2017 Legislative Platform (Legislative Platform) includes components
related to preserving local authority regarding local land use. Specifically, component 15 under
the "State" section of the Legislative Platform advises that the City Council, "Oppose legislation
that would interfere with, limit or eliminate the decision -making authority of local governments
in the area of local land use." Senate Bill 35 eliminates the opportunity for public review of
major multifamily residential developments and therefore, limits the local authority cities have in
reviewing new multifamily residential developments.
Senate Bill 35 passed the Senate Committee on Transportation and Housing (7-3-3) and was
referred to the Senate Committee on Governance and Finance on April 4, 2017. The committee
hearing date in the Senate Committee on Governance and Finance has not been scheduled as of
the completion of this report.
The City Council Legislative Committee met on April 11, 2017, and recommends that the City
Council adopt an "oppose" position for Senate Bill 35.
ALTERNATIVE ACTION
1. Adopt a "neutral" position on Senate Bill 35
2. Adopt a "support" position on Senate Bill 35
3. Take no action on Senate Bill 35
4. Refer Senate Bill 35 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's
adopted 2016/17 budget.
ATTACHMENTS
SB 35 - Multifamily Residential Developments
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AMENDED IN SENATE APRIL 4, 2017
AMENDED IN SENATE MARCH 21, 2017
AMENDED IN SENATE MARCH 9, 2017
AMENDED IN SENATE FEBRUARY 21, 2017
SENATE BILL
No. 35
Introduced by Senator Wiener
(Principal coauthor: Senator Atkins)
(Coauthor: Senator Allen)
December 5, 2016
An act to amend Sections 65400 and 65582.1 of, and to add Section
65913.4 to, the Government Code, relating to housing.
LEGISLATIVE COUNSEL'S DIGEST
SB 35, as amended, Wiener. Planning and zoning: affordable housing:
streamlined approval process.
(1) The Planning and Zoning Law requires a city or county to adopt
a general plan for land use development within its boundaries that
includes, among other things, a housing element. The Planning and
Zoning Law requires a planning agency, after a legislative body has
adopted all or part of a general plan, to provide an annual report to the
legislative body, the Office of Planning and Research, and the
Department of Housing and Community Development on the status of
the general plan and progress in meeting the community's share of
regional housing needs.
This bill would require the planning agency to include in its annual
report specified information regarding units of housing, including rental
housing and housing designated for homeownership, that have
secured all approvals from the local government
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and special districts needed to qualify for a building permit. The bill
would also require the Department of Housing and Community
Development to post an annual report submitted pursuant to the
requirement described above on its Internet Web site, as provided.
(2) Existing law requires an attached housing development to be a
permitted use, not subject to a conditional use permit, on any parcel
zoned for multifamily housing if at least certain percentages of the units
are available at affordable housing costs to very low income, lower
income, and moderate -income households for at least 30 years and if
the project meets specified conditions relating to location and being
subject to a discretionary decision other than a conditional use permit.
Existing law provides for various incentives intended to facilitate and
expedite the construction of affordable housing.
This bill would require a
multifamily housing development that satisfies specified planning
objective standards to be subject to a streamlined, ministerial approval
process, as provided, and to not be subject to a conditional use permit.
The bill would limit the authority of a local government to impose
parking standards or requirements on a streamlined development
approved pursuant to these provisions, as provided. The bill would
provide that if a local government approves a project pursuant to that
process, that approval will not expire if that project includes investment
in housing affordability, and would otherwise provide that the approval
of a project expire automatically after 3 years, unless that project
qualifies for a one-time, one-year extension of that approval.
(3) The bill would make findings that ensuring access to affordable
housing is a matter of statewide concern and declare that its provisions
would apply to all cities and counties, including a charter city, a charter
county, or a charter city and county.
(4) By imposing new duties upon local agencies with respect to the
streamlined approval process and reporting requirement described
above, this bill would impose a state -mandated local program.
(5) 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:
SECTION 1. Section 65400 of the Government Code is
amended to read:
65400. (a) After the legislative body has adopted all or part
of a general plan, the planning agency shall do both of the
following:
(1) Investigate and make recommendations to the legislative
body regarding reasonable and practical means for implementing
the general plan or element of the general plan, so that it will serve
as an effective guide for orderly growth and development,
preservation and conservation of open -space land and natural
resources, and the efficient expenditure of public funds relating to
the subjects addressed in the general plan.
(2) Provide by April I of each year an annual report to the
legislative body, the Office of Planning and Research, and the
Department of Housing and Community Development that includes
all of the following:
(A) The status of the plan and progress in its implementation.
(B) The progress in meeting its share of regional housing needs
determined pursuant to Section 65584 and local efforts to remove
governmental constraints to the maintenance, improvement, and
development of housing pursuant to paragraph (3) of subdivision
(c) of Section 65583.
The housing element portion of the annual report, as required
by this paragraph, shall be prepared through the use of forms and
definitions adopted by the Department of Housing and Community
Development pursuant to the rulemaking provisions of the
Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part I of Division 3 of Title 2). Before and after
adoption of the forms, the housing element portion of the annual
report shall include a section that describes the actions taken by
the local government towards completion of the programs and
status of the local government's compliance with the deadlines in
its housing element. That report shall be considered at an annual
public meeting before the legislative body where members of the
public shall be allowed to provide oral testimony and written
comments.
The report may include the number of units that have been
substantially rehabilitated, converted from nonaffordable to
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affordable by acquisition, and preserved consistent with the
standards set forth in paragraph (2) of subdivision (c) of Section
65583.1. The report shall document how the units meet the
standards set forth in that subdivision.
(C) The degree to which its approved general plan complies
with the guidelines developed and adopted pursuant to Section
65040.2 and the date of the last revision to the general plan.
(D) The number of units of housing, including both rental
housing and housing designated for homeownership, that have
secured all approvals from the local
government and special districts needed to qualify for a building
permit thus far in the housing element cycle, and the income
category, by area median income category, that each unit of
housing, including both rental housing and housing designated for
homeownership, satisfies. That report shall, for each income
category described in this subparagraph, distinguish between the
number of rental housing units that satisfy each income category
and the number of units that are housing designated for
homeownership that satisfy each income category.
(E) The Department of Housing and Community Development
shall post a report submitted pursuant to this paragraph on its
Internet Web site within a reasonable time of receiving the report.
(b) If a court finds, upon a motion to that effect, that a city,
county, or city and county failed to submit, within 60 days of the
deadline established in this section, the housing element portion
of the report required pursuant to subparagraph (B) of paragraph
(2) of subdivision (a) that substantially complies with the
requirements of this section, the court shall issue an order or
judgment compelling compliance with this section within 60 days.
If the city, county, or city and county fails to comply with the
court's order within 60 days, the plaintiff or petitioner may move
for sanctions, and the court may, upon that motion, grant
appropriate sanctions. The court shall retain jurisdiction to ensure
that its order or judgment is carried out. If the court determines
that its order or judgment is not carried out within 60 days, the
court may issue further orders as provided by law to ensure that
the purposes and policies of this section are fulfilled. This
subdivision applies to proceedings initiated on or after the first
day of October following the adoption of forms and definitions by
the Department of Housing and Community Development pursuant
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to paragraph (2) of subdivision (a), but no sooner than six months
following that adoption.
SEC. 2. Section 65582.1 of the Government Code is amended
to read:
65582.1. The Legislature finds and declares that it has provided
reforms and incentives to facilitate and expedite the approval and
construction of affordable housing. Those reforms and incentives
can be found in the following provisions:
(a) Housing element law (Article 10.6 (commencing with
Section 65580) of Chapter 3).
(b) Extension of statute of limitations in actions challenging the
housing element and brought in support of affordable housing
(subdivision (d) of Section 65009).
(c) Restrictions on disapproval of housing developments
(Section 65589.5).
(d) Priority for affordable housing in the allocation of water and
sewer hookups (Section 65589.7).
(e) Least cost zoning law (Section 65913.1).
(f) Density bonus law (Section 65915).
(g) Accessory dwelling units (Sections 65852.150 and 65852.2).
(h) By -right housing, in which certain multifamily housing are
designated a permitted use (Section 65589.4).
(i) No -net -loss -in zoning density law limiting downzonings and
density reductions (Section 65863).
0) Requiring persons who sue to halt affordable housing to pay
attorney fees (Section 65914) or post a bond (Section 529.2 of the
Code of Civil Procedure).
(k) Reduced time for action on affordable housing applications
under the approval of development permits process (Article 5
(commencing with Section 65950) of Chapter 4.5).
(l) Limiting moratoriums on multifamily housing (Section
65858).
(m) Prohibiting discrimination against affordable housing
(Section 65008).
(n) California Fair Employment and Housing Act (Part 2.8
(commencing with Section 12900) of Division 3).
(o) Community redevelopment law (Part 1 (commencing with
Section 33000) of Division 24 of the Health and Safety Code, and
in particular Sections 33334.2 and 33413).
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(p) Streamlining housing approvals during a housing shortage
(Section 65913.4).
SEC. 3. Section 65913.4 is added to the Government Code, to
read:
65913.4. (a) A development shall be subject to the streamlined,
ministerial approval process provided by subdivision (b) and shall
not be subject to a conditional use permit if it satisfies all of the
following objective planning standards:
(1) The development is
or a multifamily housing development that contains two or more
residential units.
(2) The development is located on a site that satisfies both of
the following:
(A) Is an urban infill site as defined by Section 21061.3 of the
Public Resources Code.
(B) Is a site zoned for residential use or residential mixed use
development with at least two-thirds of the square footage
designated for residential use.
(3) If the development contains units that are subsidized, the
development applicant or development proponent already has
recorded, or is required by law to record, a land use restriction that
is:
(A) Fifty-five years for subsidized units that are rented.
(B) Forty-five years for subsidized units that are owned.
(4) The development satisfies both of the following:
(A) Is located in a locality that, according to its last production
report to the Department of Housing and Community Development,
approved fewer units of housing by
income category than was required for the regional housing needs
assessment cycle for that reporting period, or has not submitted
an annual housing element report to the Department of Housing
and Community Development pursuant to paragraph (2) of
subdivision (a) of Section 65400 for at least two consecutive years
before the development submitted an application for approval
under this section.
(B) The development is subject to a requirement mandating a
minimum percentage of below market rate housing based on either
of the following:
(i) The locality did not submit its latest production report to the
Department of Housing and Community Development by the time
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period required by Section 65400, or that report reflects that there
were fewer units of above moderate -income housing e-oft.ft
approved than was required for the regional housing needs
assessment cycle for that year, and the project seeking approval
dedicates a minimum of 10 percent of the total number of units to
housing affordable to households making below 80 percent of the
area median income, unless the locality has adopted a local
ordinance that requires that greater than 10 percent of the units be
dedicated to housing affordable to households making below 80
percent of the area median income, in which case that zoning
ordinance applies.
(ii) The locality did not submit its latest production report to
the Department of Housing and Community Development by the
time period required by Section 65400, or that report reflects that
there were fewer units of housing affordable to households making
below 80 percent of the area median incomes approved
than was required for the regional housing needs assessment cycle
for that year, and the project seeking approval dedicates the
majority of the total number of units to housing affordable to
households making below 80 percent of the area median income,
unless the locality has adopted a local ordinance that requires that
greater than the majority of the units be dedicated to housing
affordable to households making below 80 percent of the area
median income, in which case that ordinance applies.
(5) The development is consistent with objective zoning
standards, including the Density Bonus Law in Section 65915, and
objective design review standards in effect at the time that the
development is submitted to the local government pursuant to this
section. For purposes of this paragraph, "objective zoning
standards" and "objective design review standards" mean standards
that involve no personal or subjective judgment by a public official.
(6) The development is not located on a site that is any of the
following:
(A) A coastal zone, as defined in Division 20 (commencing
with Section 30000) of the Public Resources Code.
(B) Either prime farmland or farmland of statewide importance,
as defined pursuant to United States Department of Agriculture
land inventory and monitoring criteria, as modified for California,
and designated on the maps prepared by the Farmland Mapping
and Monitoring Program of the Department of Conservation, or
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land zoned or designated for agricultural protection or preservation
by a local ballot measure that was approved by the voters of that
jurisdiction.
(C) Wetlands, as defined in Seetion 328.3of Title 33 of the
Code of Federal Regulations. the United States Fish and Wildlife
Service Manual, Part 660 FW 2 (June 21, 1993).
(D) Within a very high fire hazard severity zone, as determined
by the Department of Forestry and Fire Protection pursuant to
Section 51178, or within a high or very high fire hazard severity
zone as indicated on maps adopted by the Department of Forestry
and Fire Protection pursuant to Section 4202 of the Public
Resources Code. This subparagraph does not apply to sites
excluded from the specified hazard zones by a local agency,
pursuant to subdivision (b) of Section 51179, or sites that have
adopted sufficient fire hazard mitigation measures as may be
determined by their local agency with land use authority.
(E) A hazardous waste site that is listed pursuant to Section
65962.5 or a hazardous waste site designated by the Department
of Toxic Substances Control pursuant to Section 25356 of the
Health and Safety Code, unless the Department of Toxic
Substances Control has cleared the site for residential use or
residential mixed uses.
(F) Within a delineated earthquake fault zone as determined by
the State Geologist in any official maps published by the State
Geologist.
(G) Within a flood plain as determined by maps promulgated
by the Federal Emergency Management Agency, unless the
development has been issued a flood plain development permit
pursuant to Part 59 (commencing with Section 59.1) and Part 60
(commencing with Section 60.1) of Subchapter B of Chapter I of
Title 44 of the Code of Federal Regulations.
(H) Within a floodway as determined by maps promulgated by
the Federal Emergency Management Agency, unless the
development has received a no rise certification in accordance
with paragraph (3) of subdivision (d) of Section 60.3 of Title 44
of the Code of Federal Regulations.
(I) Lands identified for conservation in an adopted natural
community conservation plan pursuant to the Natural Community
Conservation PZanningAct (Chapter 10 (commencing with Section
2800) of Division 3 of the Fish and Game Code), habitat
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conservation plan pursuant to the federal Endangered Species Act
of 1973 (16 U.S.C. Sec. 1531 et seq), or other adopted natural
resource protection plan.
(J) Habitat for protected species identified as candidate,
sensitive, or species of special status by state or federal agencies,
fully protected species, or species protected by the federal
Endangered Species Act of 1973 (16 U.S. C. Sec. 1531 et seq), the
California Endangered Species Act (Chapter 1.5 (commencing
with Section 2050) of Division 3 of the Fish and Game Code), or
the Native Plant Protection Act (Chapter 10 (commencing with
Section 1900) of Division 2 of the Fish and Game Code).
(K) Lands under conservation easement.
(7) The development does not require the demolition of either
of the following:
(A) Housing that is subject to rent control, housing that is subject
to deed restrictions, or any housing that has been occupied by
residents within the past 10 years by tenants.
(B) A historic structure that was placed on a national, state, or
local historic register.
(8) The development proponent has certified that either of the
following is true:
(A) The project is a public work for purposes of Chapter 1
(commencing with Section 1720) of Part 7 of Division 2 of the
Labor Code.
(B) If the project is not a public work, that all construction
workers employed in the execution of the project will be paid at
least the general prevailing rate of per diem wages for the type of
work and geographic area, as determined by the Director of
Industrial Relations pursuant to Sections 1773 and 1773.9 of the
Labor Code. If the development is subject to this subparagraph,
then all of the following shall apply:
(i) The development proponent shall ensure that the prevailing
wage requirement is included in all contracts for the performance
of the work.
(ii) Contractors and subcontractors shall pay to all construction
workers employed in the execution of the work at least the general
prevailing rate of per diem wages.
(iii) Except as provided in clause (iv), the obligation of the
contractors and subcontractors to pay prevailing wages may be
enforced by the Labor Commissioner through the issuance of a
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civil wage and penalty assessment pursuant to Section 1741 of the
Labor Code, which may be reviewed pursuant to Section 1742 of
the Labor Code, within 18 months after the completion of the
project, or by an underpaid worker through an administrative
complaint or civil action. If a civil wage and penalty assessment
is issued, the contractor, subcontractor, and surety on a bond or
bonds issued to secure the payment of wages covered by the
assessment shall be liable for liquidated damages pursuant to
Section 1742.1 of the Labor Code.
(iv) Clause (iii) shall not apply if all contractors and
subcontractors performing work on the project are subject to a
project labor agreement that requires the payment of prevailing
wages to all construction workers employed in the execution of
the project and provides for enforcement of that obligation through
an arbitration procedure. For purposes of this clause, "project labor
agreement" has the same meaning as set forth in paragraph (1) of
subdivision (b) of Section 2500 of the Public Contract Code.
(v) Notwithstanding subdivision (c) of Section 1773.1 of the
Labor Code, the requirement that employer payments not reduce
the obligation to pay the hourly straight time or overtime wages
found to be prevailing shall not apply if otherwise provided in a
bona fide collective bargaining agreement covering the worker.
The requirements of paragraph (2) of subdivision (c) of Section
1773.1 of the Labor Code do not preclude use of an alternative
workweek schedule adopted pursuant to Section 511 or 514 of the
Labor Code.
(9) The development shall not be upon an existing parcel of
land or site that is governed under the Mobilehome Residency Law
(Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2
of Division 2 of the Civil Code), the Recreational Vehicle Park
Occupancy Law (Chapter 2.6 (commencing with Section 799.20)
of Title 2 of Part 2 of Division 2 of the Civil Code), the
Mobilehome Parks Act (Part 2.1(commencing with Section 18200)
of Division 13 of the Health and Safety Code), or the Special
Occupancy Parks Act (Part 2.3 (commencing with Section 18860)
of Division 13 of the Health and Safety Code).
(b) (1) If a local government determines that a development
submitted pursuant to this section is in conflict with any of the
objective planning standards specified in subdivision (a), it shall
provide the development proponent written documentation of
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which standard or standards the development conflicts with, and
an explanation for the reason or reasons the development conflicts
with that standard or standards, as follows:
(A) Within 60 days of submittal of the development to the local
government pursuant to this section if the development contains
150 or fewer housing units.
(B) Within 90 days of submittal of the development to the local
government pursuant to this section if the development contains
more than 150 housing units.
(2) If the local government fails to provide the required
documentation pursuant to paragraph (1), the development shall
be deemed to satisfy the objective planning standards specified in
subdivision (a).
(c) Any design review of the development may be conducted
by the local government's supervising body for design review,
including a planning department or city council. That
design review shall be objective and reflect reasonable objective
design standards published and adopted by a local jurisdiction
before submission of a development application, and shall be
broadly applicable to development within the jurisdiction. That
design review shall be completed as follows and shall not in any
way inhibit, chill, or preclude the ministerial approval provided
by this section or its effect, as applicable:
(1) Within 90 days of submittal of the development to the local
government pursuant to this section if the development contains
150 or fewer housing units.
(2) Within 180 days of submittal of the development to the local
government pursuant to this section if the development contains
more than 150 housing units.
(d) (1) Notwithstanding any other law, a local government,
whether or not it has adopted an ordinance governing parking
requirements in multifamily developments, shall not impose
parking standards for a streamlined development in any of the
following instances:
(A) The development is located within one-half mile of public
transit.
(B) The development is located within an architecturally and
historically significant historic district.
(C) When on -street parking permits are required but not offered
to the occupants of the development.
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(D) When there is a car share vehicle located within one block
of the development.
(2) Parking requirements for streamlined developments shall
not exceed one parking space per unit. This paragraph shall not
apply to aeeessory dwelling tmits or developments deserib
paragraph f+�.
Seetion 65852.2 when establishing parking reqttiretnents for
(e) (1) If a local government approves a development pursuant
to this section, that approval shall not expire if the project includes
public investment in housing affordability, beyond tax credits,
where the majority of the units are affordable to households making
below 80 percent of the area median income.
(2) If a local government approves a development pursuant to
this section and the project does not include a majority of the units
affordable to households making below 80 percent of the area
median income, that approval shall automatically expire after three
years except that a project may receive a one-time, one-year
extension if the project proponent can provide documentation that
there has been significant progress toward getting the development
construction ready.
(f) For purposes of this section, "locality" or "local government"
means a city, including a charter city, a county, or a city and
county, including a charter city and county.
(g) For purposes of this section, "production report" means the
information reported pursuant to subparagraph (D) of paragraph
(2) of subdivision (a) of Section 65400.
SEC. 4. The Legislature finds and declares that ensuring access
to affordable housing is a matter of statewide concern, and not a
municipal affair. Therefore, the changes made by this act are
applicable to a charter city, a charter county, and a charter city and
county.
SEC. 5. Each provision of this measure is a material and
integral part of this measure, and the provisions of this measure
are not severable. If any provision of this measure or its application
is held invalid, this entire measure shall be null and void.
SEC. 6. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
a local agency or school district has the authority to levy service
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1 charges, fees, or assessments sufficient to pay for the program or
2 level of service mandated by this act, within the meaning of Section
3 17556 of the Government Code.
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