HomeMy WebLinkAbout2023-04-11 - AGENDA REPORTS - STATE LEGISLATIONSO
Agenda Item: 7
1. CITY OF SANTA CLARITA
AGENDA REPORT
CONSENT CALENDAR
CITY MANAGER APPROVAL: TAA,/�
DATE: April 11, 2023
SUBJECT: STATE LEGISLATION: AB 367, AB 1490, AB 1532, AB 1630, AB
1708, SB 4, SB 44, and SB 432
DEPARTMENT: City Manager's Office
PRESENTER: Masis Hagobian
RECOMMENDED ACTION
City Council:
1. Support AB 367 (Maienschein), AB 1708 (Muratsuchi), and SB 44 (Umberg).
2. Oppose AB 1490 (Lee), AB 1532 (Haney), AB 1630 (Garcia), SB 4 (Wiener), and SB 423
(Wiener).
3. Transmit position statements to the authors of the bills, Santa Clarita's state legislative
delegation, appropriate legislative committees, Governor Newsom, the League of California
Cities, and other stakeholder organizations.
BACKGROUND
The following state legislative items were presented to the City Council Legislative Committee
on March 30, 2023. Included as part of this report is a brief summary of each piece of legislation
and its current status in the state legislative process.
Assembly Bill 367
Authored by Assembly Member Brian Maienschein (D-76-San Diego), Assembly Bill 367
imposes a sentence enhancement of 3-5 years in state prison for a person who inflicts great
bodily injury when they sell, furnish, or give away a controlled substance.
The opioid epidemic has become a nationwide issue, affecting communities across the country,
including the City of Santa Clarita (City). In 2021, more than 71,000 people died from a
synthetic opioid-related drug overdose in the United States, according to provisional data from
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the Centers for Disease Control and Prevention (CDC). Recent data suggests that number
continues to increase each year.
Fentanyl is a synthetic opioid that is up to 50 times stronger than heroin and 100 times stronger
than morphine, making it a major contributor to drug overdose deaths. Based on preliminary
2021 data from the CDC, there were 6,843 opioid-related overdose deaths in California; 5,722 of
these deaths were related to fentanyl. Moreover, in 2021, there were 224 fentanyl-related
overdose deaths among teens, ages 15-19 years old, in California.
In 2022, the Los Angeles County Sheriff's Department reported 32 overdoses in the Santa
Clarita Valley as a result of fentanyl.
Assembly Bill 367 is pending a hearing in the Assembly Committee on Public Safety.
Assembly Bill 1490
Authored by Assembly Member Alex Lee (D-24-San Jose), Assembly Bill 1490 requires all
entitlements and permits to be approved within 30 days from the date a housing project
application is submitted and all building and permit fees to be waived for a housing project that
converts an existing building to a housing development that dedicates 100 percent of the housing
units to low-income households.
Additionally, Assembly Bill 1490 preempts local minimum floor area ratio standards and
restricts any increase in the number of parking spaces required.
Assembly Bill 1490 would require the City's regular review process, which may span 6-9
months, to be conducted within 30 days, including the potential review and approval of an
Administrative Permit, Architectural Design Review, Conditional Use Permit, Development
Review, Landscape Plan Review, Minor Use Permit, and Tentative Tract Map. The significantly
truncated review period jeopardizes the due diligence required to ensure residential projects meet
building code and planning guidelines.
Furthermore, for a project valuation of approximately $10 million, Assembly Bill 1490 could
potentially waive nearly $300,000 in entitlement and permit fees that go towards the funding of
the review of building safety and planning permits, and entitlements.
Assembly Bill 1490 is pending a hearing in the Assembly Committee on Housing and
Community Development.
Assembly Bill 1532
Authored by Assembly Member Matt Haney (D-17-San Francisco), Assembly Bill 1532 makes
the conversion of office buildings to residential units, that dedicates 10 percent of the total
residential units to low- or moderate -income households, a streamlined ministerial approval,
restricting cities and counties from requiring a conditional use permit, planned unit development
permit, or other discretionary local review or approval that would require a California
Environmental Quality Act (CEQA) review. Projects under a ministerial review are not subject
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to an appeals process, public hearing, and CEQA review.
Additionally, Assembly Bill 1532 would exempt an office conversion project from impact fees
that are not directly related to the conversion of an office building into residential units and
would allow the proponent of an office conversion project to pay applicable impact fees over a
10-year period. This bill would also restrict any increase in the number of parking spaces
required or the preservation of open space.
Assembly Bill 1532 is pending a hearing in the Assembly Committee on Housing and
Community Development.
Assembly Bill 1630
Authored by Assembly Member Eduardo Garcia (D-36-Coachella), Assembly Bill 1630 requires
cities and counties to approve, through a streamlined and ministerial process, residential
developments that dedicate at least 20 percent of the residential units to students or faculty and is
located on property within 1,000 feet of a university. Additionally, this bill restricts cities and
counties from requiring a minimum parking requirement, conditional use permit, planned unit
development permit, or other discretionary local review or approval that would require a CEQA
review.
There are over 1,000 local education agencies (LEA) in the State, which includes school
districts, county offices of education, and charter schools. Collectively, they own more than
150,000 acres of land. Furthermore, of land owned by LEAS, it is estimated that there are 7,068
properties with potentially developable land of one acre or more, totaling 75,000 acres statewide.
Schools in the City are located in the City's Public/Institutional (PI) Zone. Although the PI Zone
permits a residential dwelling, it does not include specifications for a residential multifamily
subdivision, as outlined in this legislation, and therefore a proposed multifamily project within a
PI Zone would require a zone change to be considered for development purposes.
In addition to LEA property within the City's PI zone, some LEAS also own property outside of
the PI Zone. The City would not be able to review, consistent with the City's standards included
in the City's Municipal Code, a proposed project by an LEA for these properties.
Assembly Bill 1630 is pending a hearing in the Assembly Committee on Housing and
Community Development.
Assembly Bill 1708
Authored by Assembly Member Al Muratsuchi (D-66-Torrance), Assembly Bill 1708 amends
Proposition 47 (2014) by requiring a person convicted of theft of a vehicle or firearm, identity
theft, or credit card fraud to be charged with a felony.
Subsequent to passage by the state legislature and approval by the Governor, this bill would
become effective only if approved by voters through a ballot initiative at the next statewide
general election.
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Proposition 47 (2014), titled, "The Safe Neighborhoods and Schools Act," was approved by
voters (59.6 percent - 40.4 percent) on November 4, 2014, and went into effect on November 5,
2014. At the City level, the measure failed with 47.19 percent in favor and 52.81 against.
Proposition 47 (2014) reduced penalties for certain nonserious and nonviolent property and drug
offenses from felonies or wobblers, which could be charged as either a felony or misdemeanor,
to misdemeanors. Under previous state law, shoplifting property worth $950 or less, a type of
petty theft, was a misdemeanor. However, such crimes could also be charged as burglary,
instead, if the shoplifter intended to shoplift upon entering the store, which could be prosecuted
as a felony and sentenced up to three years in prison.
With the approval of Proposition 47 (2014), shoplifting property worth $950 or less is a
misdemeanor, regardless of intent, and holds a sentence of up to one year in county jail and/or a
fine up to $1,000.
According to the California Department of Justice, larceny -theft increased by approximately 10.7
percent and shoplifting increased by approximately 11.7 percent statewide a year after
Proposition 47 (2014) went into effect. Similarly, in Los Angeles County, larceny -theft increased
by approximately 10.3 percent and shoplifting increased by approximately 10.9 percent over that
same period of time.
The Santa Clarita City Council supported a similar bill, Assembly Bill 23 (Muratsuchi), at the
March 14, 2023, regular City Council meeting.
Assembly Bill 1708 is scheduled to be heard in the Assembly Committee on Public Safety on
April 11, 2023.
Senate Bill 4
Authored by Senator Scott Wiener (D-11-San Francisco), Senate Bill 4 requires cities and
counties to approve, through a streamlined and ministerial process, residential developments that
dedicate 75 percent of the residential units to lower -income households, 20 percent to moderate -
income households, and 5 percent may be for staff on property owned by a religious or higher -
education institution. Additionally, this bill restricts cities and counties from requiring a
conditional use permit, planned unit development permit, or other discretionary local review or
approval that would require a CEQA review.
According to a 2020 report by the University of California, Berkeley Terner Center, evaluating a
prior version of this bill, the Terner Center identified over 38,000 acres of potentially
developable land statewide that are currently zoned for religious use.
Senate Bill 4 passed the Senate Housing Committee (9-1-1) on March 21, 2023, and is pending a
hearing in the Senate Governance and Finance Committee.
Senate Bill 44
Authored by Senator Tom Umberg (D-34-Orange County), Senate Bill 44 requires a person who
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is convicted of, or who pleads guilty or no contest to, the possession or purchase for the purpose
of selling or administering various controlled substances, including fentanyl, to receive a written
advisory of the danger of manufacturing or distribution of controlled substances and that, if a
person dies as a result of that action, the manufacturer or distributor can be charged with
voluntary manslaughter or murder.
The opioid epidemic has become a nationwide issue, affecting communities across the country,
including the City. In 2021, more than 71,000 people died from a synthetic opioid-related drug
overdose in the United States, according to provisional data from the Centers for Disease Control
and Prevention (CDC). Recent data suggest that number continues to increase each year.
Fentanyl is a synthetic opioid that is up to 50 times stronger than heroin and 100 times stronger
than morphine, making it a major contributor to drug overdose deaths. Based on preliminary
2021 data from the CDC, there were 6,843 opioid-related overdose deaths in California; 5,722 of
these deaths were related to fentanyl. Moreover, in 2021, there were 224 fentanyl-related
overdose deaths among teens, ages 15-19 years old, in California.
In 2022, the Los Angeles County Sheriff's Department reported 32 overdoses in the Santa
Clarita Valley as a result of fentanyl.
The Santa Clarita City Council supported a similar bill, Senate Bill 13 (Ochoa Bogh), at the
March 14, 2023, regular City Council meeting.
Senate Bill 44 failed in the Senate Public Safety Committee on March 28, 2023, but was granted
reconsideration.
Senate Bill 423
Authored by Senator Scott Wiener (D-11-San Francisco), Senate Bill 423 removes the sunset
clause of January 1, 2026, included in Senate Bill 35 (Chapter 368, Statutes of 2017), which
requires cities and counties to approve specified residential developments through a streamlined
and ministerial process, restricting cities and counties from requiring a Conditional Use Permit,
Planned Unit Development Permit, or other discretionary local review or approval that would
require a CEQA review.
Senate Bill 35 (Chapter 368, Statutes of 2017), until January 1, 2026, requires cities and counties
to approve multifamily residential developments through a streamlined and ministerial process if
the jurisdiction, in which the project is located, did not submit its latest housing production
report to the California Department of Housing and Community Development (HCD) or if there
were fewer housing units of above moderate -income or lower -income households approved than
required for the regional housing needs assessment (RHNA) cycle for that year. The bill allows
local governments to only review a project application based on objective planning standards.
If fewer housing units of above moderate -income are approved than required, the project must
dedicate a minimum of 10 percent of the total number of housing units to households making
below 80 percent of the area median income.
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If fewer housing units of lower -income are approved than required, the project must dedicate a
minimum of 50 percent of the total number of housing units to households making below 80
percent of the area median income.
The U.S. Department of Housing and Urban Development (HUD) sets the area median income.
For a household of four, 80 percent of the 2022 area median income in Los Angeles County is
$95,300.
Moreover, Senate Bill 35 (Chapter 368, Statutes of 2017) requires a local government's Planning
Commission or City Council to respond to a project application seeking a ministerial and
streamlined approval in either 60 or 90 days, depending on the size of the project. Additionally,
Senate Bill 35 (Chapter 368, Statutes of 2017) does not apply to areas located in a coastal zone,
high or very high fire hazard severity zone, farmland, wetland, flood plain, or habitat for
protected species.
Senate Bill 423 removes the January 1, 2026, sunset that is included in Senate Bill 35 (Chapter
368, Statutes of 2017) and applies the streamlining and ministerial provisions included in Senate
Bill 35 (Chapter 368, Statutes of 2017) to local governments who have failed to adopt a
compliant housing element as determined by HCD.
Additionally, Senate Bill 423:
• Designates a local government's Planning Director as the authorizing body for
streamlined and ministerial application reviews and approvals, instead of Planning
Commissions or City Councils;
• Allows for projects to be located in the coastal zone, wetland, or protected habitat if
authorized by any other state or federal law;
• Provides that "objective design standards" do not include subsequent permits such as
local building codes, fire codes, noise ordinances, or other codes that are evaluated with
subsequent permitting processes; and
• Authorizes the Department of General Services, at its discretion, to act in the place of a
local government, for development on property owned by or leased to the state.
Senate Bill 423 passed the Senate Housing Committee (9-1-1) on March 21, 2023, and is
pending a hearing in the Senate Governance and Finance Committee.
With regard to the bills in this report related to housing and local land use authority, 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 an extensive public 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 support residential use or sustain greater residential density.
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Additionally, the City's review is to ensure that the use of the project, when considered on the
basis of the suitability of the site, is arranged to avoid traffic congestion and ensure the
protection of public health, safety, and general welfare. The City's review is also intended to
prevent adverse effects on neighboring property, facilitate the provision of utility services and
other public facilities commensurate with anticipated population and dwelling unit densities,
promote the City's historical and natural resources such as oak trees, river areas, and ridgelines,
and is in conformity with good zoning practice.
The recommended positions in this report are consistent with the City of Santa Clarita 2023
Executive and Legislative Platform.
ALTERNATIVE ACTION
Other direction, as provided 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 2022-23 budget.
ATTACHMENTS
Assembly Bill 367 -
Bill Text
Assembly Bill 1490
- Bill Text
Assembly Bill 1532
- Bill Text
Assembly Bill 1630
- Bill Text
Assembly Bill 1708
- Bill Text
Senate Bill 4 - Bill Text
Senate Bill 44 - Bill Text
Senate Bill 423 - Bill Text
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7.a
AMENDED IN ASSEMBLY MARCH 22, 2023
CALIFORNIA LEGISLATURE-2023-24 REGULAR SESSION
ASSEMBLY BILL
No. 367
Introduced by Assembly Member Maienschein
February 1, 2023
An act tom amend, repeal, and add Section 12022.7 of the Penal
Code, relating to controlled substances.
LEGISLATIVE COUNSEL'S DIGEST
AB 367, as amended, Maienschein. Controlled substances:
enhancements.
Existing law imposes an additional and consecutive 3- or 5-year term
in the state prison on a person who personally inflicts great bodily injury
on a person in the commission of a felony, as specified.
This+i 4 bill, until January 1, 2029, would state that, for purposes of
the this enhancement, a person inflicts great bodily injury when they
sell furnish administer, or give awa "�a •'��`� e entan l
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or an analog of fentanyl and the person to whom the substance was
sold, furnished, administered, or given suffers a significant or substantial
physical injury from using the substance. The bill would speck that
this provision does not apply to juvenile offenders. By expanding the
scope of an existing crime, 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.
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AB 367
—2—
7.a
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. Section 12022.7 of the Penal Code is amended
2 to read:
3 12022.7. (a) A person who personally inflicts great bodily
4 injury one a person other than an accomplice in the commission
5 of a felony or attempted felony shall be punished by an additional
6 and consecutive term of imprisonment in the state prison for three
7 years.
8 (b) (1) A person who personally inflicts great bodily injury on
9 any a person other than an accomplice in the commission of a
10 felony or attempted felony -� that causes the victim to become
11 comatose due to brain injury or to suffer paralysis of a permanent
12 nature shall be punished by an additional and consecutive term of
13 imprisonment in the state prison for five years. -As
14 (2) As used in this subdivision, "paralysis" means a major or
15 complete loss of motor function resulting from injury to the nervous
16 system or to a muscular mechanism.
17 (c) A person who personally inflicts great bodily injury on a
18 person who is 70 years of age or older, other than an accomplice,
19 in the commission of a felony or attempted felony shall be punished
20 by an additional and consecutive term of imprisonment in the state
21 prison for five years.
22 (d) A person who personally inflicts great bodily injury on a
23 child under the age of five years in the commission of a felony or
24 attempted felony shall be punished by an additional and
25 consecutive term of imprisonment in the state prison for four, five,
26 or six years.
27 (e) (1) A person who personally inflicts great bodily injury
28 under circumstances involving domestic violence in the
29 commission of a felony or attempted felony shall be punished by
30 an additional and consecutive term of imprisonment in the state
31 prison for three, four, or five years. -As
32 (2) As used in this subdivision, "domestic violence" has the
33 meaning provided in subdivision (b) of Section 13700.
34 (f) (1) As used in this section, "great bodily injury" means a
35 significant or substantial physical injury.
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(2) (A) As used in this section, a person who sells, furnishes,
administers, or gives away a eantralled....ti...tane,. fentanyl or an
analog offentanyl personally inflicts great bodily injury when the
person to whom the substance was sold, furnished, administered,
or given suffers a significant or substantial physical injury from
using the substance.
(B) This paragraph does not apply to juvenile offenders.
(g) (1) This sections does not apply to murder or
manslaughter or a violation of Section 451 or 452. c,•ti.divi.ion
(2) Subdivisions (a), (b), (c), and (d) shal do not apply if
infliction of great bodily injury is an element of the offense.
(h) The court shall impose the additional terms of imprisonment
under -either subdivision (a), (b), (c), or{$} (d) but may not impose
more than one of those terms for the same offense.
(i) This section shall remain in effect only until January], 2029,
and as of that date is repealed.
SEC. 2. Section 12022.7 is added to the Penal Code, to read:
12022.7. (a) A person who personally inflicts great bodily
injury on a person other than an accomplice in the commission of
a felony or attempted felony shall be punished by an additional
and consecutive term of imprisonment in the state prison for three
years.
(b) (1) A person who personally inflicts great bodily injury on
a person other than an accomplice in the commission of a felony
or attempted felony that causes the victim to become comatose due
to brain injury or to suffer paralysis of a permanent nature shall
be punished by an additional and consecutive term of imprisonment
in the state prison for five years.
(2) As used in this subdivision, `paralysis" means a major or
complete loss of motorfunction resultingfrom injury to the nervous
system or to a muscular mechanism.
(c) A person who personally inflicts great bodily injury on a
person who is 70 years of age or older, other than an accomplice,
in the commission of a felony or attempted felony shall be punished
by an additional and consecutive term of imprisonment in the state
prison for five years.
(d) A person who personally inflicts great bodily injury on a
child under the age of five years in the commission of a felony or
attempted felony shall be punished by an additional and
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AB 367 — 4 —
7.a
1 consecutive term of imprisonment in the state prison for four, five,
2 or six years.
3 (e) (1) A person who personally inflicts great bodily injury
4 under circumstances involving domestic violence in the commission
5 of a felony or attempted felony shall be punished by an additional
6 and consecutive term of imprisonment in the state prison for three,
7 four, or five years.
8 (2) As used in this subdivision, "domestic violence" has the
9 meaning provided in subdivision (b) of Section 13700.
10 (1) As used in this section, great bodily injury" means a
11 significant or substantial physical injury.
12 (g) (1) This section does not apply to murder or manslaughter
13 or a violation of Section 451 or 452.
14 (2) Subdivisions (a), (b), (c), and (d) do not apply if infliction
15 of great bodily injury is an element of the offense.
16 (h) The court shall impose the additional terms of imprisonment
17 under subdivision (a), (b), (c), or (d) but may not impose more
18 than one of those terms for the same offense.
19 (i) This section shall become operative on January 1, 2029.
20 SEC. -2.
21 SEC. 3. No reimbursement is required by this act pursuant to
22 Section 6 of Article XIIIB of the California Constitution because
23 the only costs that may be incurred by a local agency or school
24 district will be incurred because this act creates a new crime or
25 infraction, eliminates a crime or infraction, or changes the penalty
26 for a crime or infraction, within the meaning of Section 17556 of
27 the Government Code, or changes the definition of a crime within
28 the meaning of Section 6 of Article XIII B of the California
29 Constitution.
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7.b
CALIFORNIA LEGISLATURE-2023-24 REGULAR SESSION
ASSEMBLY BILL No. 1490
Introduced by Assembly Member Lee
February 17, 2023
An act to add Section 65960.1 to the Government Code, relating to
housing.
LEGISLATIVE COUNSEL'S DIGEST
AB 1490, as introduced, Lee. Affordable housing development
projects: adaptive reuse.
Existing law requires the Department of Housing and Community
Development to give priority with respect to funding under the
Multifamily Housing Program to projects that prioritize adaptive reuse
in existing developed areas served with public infrastructure, as
specified.
This bill would define adaptive reuse as the retrofitting and
repurposing of an existing building to create new residential units. The
bill would require a local government to provide an affordable housing
project that is an adaptive reuse project and that guarantees that 100%
of the units be made available for lower income households, 50% of
which shall be made available to extremely low income households or
very low income households, specified benefits and exemptions by
local government agencies, including, among other things, approval of
all entitlements and permits applicable to the project in 30 days or less,
exemption from any minimum floor area ratio, and waiver of local
building and permit fees, as specified. Because the bill would require
local officials to provide a higher level of service, the bill would impose
a state -mandated local program.
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AB 1490 —2—
7.b
This bill would require a local source of funding that can be used for
the development of affordable housing to include adaptive reuse as an
eligible project and prohibit an agency with control of a local source
of funding from prohibiting or excluding a development proposal that
uses an adaptive reuse model for an affordable housing project
development solely on the basis that the proposal is for an adaptive
reuse project.
The bill would include findings that changes proposed by this bill
address a matter of statewide concern rather than a municipal affair
and, therefore, apply to all cities, including charter cities.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to the statutory
provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. Section 65960.1 is added to the Government
2 Code, to read:
3 65960.1. (a) Notwithstanding any other provision of law, a
4 local government shall provide, to an affordable housing project
5 that is an adaptive reuse project and that guarantees that 100 percent
6 of the units shall be made available for lower income households,
7 50 percent of which shall be made available to extremely low
8 income households or very low income households, all of the
9 following:
10 (1) All entitlements and permits applicable to the project shall
11 be approved within 30 days or less from the date of submission of
12 the entitlement or permit application. This paragraph shall apply
13 to any agency that governs provision of water or power for a local
14 jurisdiction and that operates independently from the local
15 jurisdiction.
16 (2) Local building and permit fees for the project shall be
17 waived.
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1 (3) Low-income utility rates that are available to low-income
2 projects shall be available to adaptive reuse projects when utilities
3 are not separately metered.
4 (4) The project shall be exempt from any minimum floor area
5 ratio, provided that the size of a unit is no less than the size of the
6 unit under its previous occupancy permit, and that the unit is
7 compliant with the Americans with Disabilities Act of 1990 (Public
8 Law 101-336; 42 U.S.C. Sec. 12101 et seq.) and any other state
9 or federal disability design requirements.
10 (5) The number of parking spaces required for the project shall
11 be no more than the number of parking spaces required under the
12 previous occupancy permit, without regard to any change in the
13 zoning of the property that might result from the adaptive reuse
14 of the property.
15 (b) Any local source of funding that can be used for the
16 development of affordable housing shall include adaptive reuse
17 as an eligible project. No agency with control of a local source of
18 funding shall prohibit or exclude a project proposal that uses an
19 adaptive reuse model for an affordable housing project
20 development solely on the basis that the proposal is for an adaptive
21 reuse project.
22 (c) As used in this section, all of the following definitions shall
23 apply:
24 (1) "Adaptive reuse" means the retrofitting and repurposing of
25 an existing building to create new residential units.
26 (2) "Lower income households" shall have the same meaning
27 as in Section 50079.5 of the Health and Safety Code.
28 (3) "Very low income households" shall have the same meaning
29 as in Section 50105 of the Health and Safety Code.
30 (4) "Extremely low income households" shall have the same
31 meaning as in Section 50106 of the Health and Safety Code.
32 SEC. 2. The Legislature finds and declares that Section I of
33 this act adding Section 65960.1 to the Government Code address
34 a matter of statewide concern rather than a municipal affair as that
35 term is used in Section 5 of Article XI of the California
36 Constitution. Therefore, Section 1 of this act applies to all cities,
37 including charter cities.
38 SEC. 3. If the Commission on State Mandates determines that
39 this act contains costs mandated by the state, reimbursement to
40 local agencies and school districts for those costs shall be made
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AB 1490 — 4 —
7.b
1 pursuant to Part 7 (commencing with Section 17500) of Division
2 4 of Title 2 of the Government Code.
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7.c
CALIFORNIA LEGISLATURE-2023-24 REGULAR SESSION
ASSEMBLY BILL No. 1532
Introduced by Assembly Member Haney
February 17, 2023
An act to add Article 11.5 (commencing with Section 65658) to
Chapter 3 of Division 1 of Title 7 of the Government Code, and to add
Chapter 18.5 (commencing with Section 50898.50) to Part 2 of Division
31 of the Health and Safety Code, relating to housing.
LEGISLATIVE COUNSEL'S DIGEST
AB 1532, as introduced, Haney. Office conversion projects.
The Planning and Zoning Law requires the legislative body of each
county and city to adopt a comprehensive, long-term general plan for
the physical development of the county or city that includes, among
other mandatory elements, a housing element. Under that law, supportive
housing, as defined, is a use by right in zones where multifamily and
mixed uses are permitted if the developer provides the planning agency
with a plan for providing supportive services and the proposed housing
development meets specified criteria.
The California Environmental Quality Act (CEQA) requires a lead
agency, as defined, to prepare, or cause to be prepared, and certify the
completion of, an environmental impact report on a project that it
proposes to carry out or approve that may have a significant effect on
the environment or to adopt a negative declaration if it finds that the
project will not have that effect. CEQA does not apply to the approval
of ministerial projects.
This bill would make an office conversion project, as defined, that
meets certain requirements a use by right in all areas regardless of
zoning. The bill would define "office conversion project" to mean the
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conversion of a building used for office purposes or a vacant office
building into residential dwelling units. The bill would define "use by
right" to mean that the city or county's review of the office conversion
may not require a conditional use permit, planned unit development
permit, or other discretionary city or county review or approval that
would constitute a "project" for purposes of CEQA, as specified. By
requiring the approval of housing crisis projects as a use by right, the
bill would expand the exemption for approval of ministerial projects
under CEQA.
This bill would exempt an office conversion project from impact fees,
as defined, that are not directly related to the conversion of an office
building into residential dwelling units. The bill would allow the
proponent of an office conversion project to pay applicable impact fees
over a 10-year period, subject to specified requirements.
This bill would authorize a local government to adopt an ordinance
to implement these provisions and specify the process and requirements
applicable to office conversion projects, provided that the ordinance is
consistent with, and does not inhibit the objectives of the bill.
By imposing new duties on local governments in reviewing and
approving office conversion projects, the bill would impose a
state -mandated local program.
This bill would, upon appropriation of the Legislature, require the
Department of Housing and Community Development to establish a
program that awards funding to office conversion projects that are
eligible as a use by right, as described above. The bill would establish
the Office to Housing Conversion Fund, and provide that the moneys
in the fund are to be made available to the department for purposes of
the program.
The bill would include findings that changes proposed by this bill
address a matter of statewide concern rather than a municipal affair
and, therefore, apply to all cities, including charter cities.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to the statutory
provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: yes.
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The people of the State of California do enact as follows:
SECTION 1. Article 11.5 (commencing with Section 65658)
is added to Chapter 3 of Division 1 of Title 7 of the Government
Code, to read:
Article 11.5. Office to Housing Conversion Act
65658. This article shall be known as, and maybe cited as, the
Office to Housing Conversion Act.
65658.1. For purposes of this article:
(a) "Impact fee" means any fee imposed pursuant to Chapter 5
(commencing with Section 66000).
(b) "Local government" means a city, including a charter city,
a county, or a city and county.
(c) "Office conversion project" means the conversion of a
building used for office purposes or a vacant office building into
residential dwelling units.
(d) "Persons and families of low or moderate income" means
the same as defined in Section 50093 of the Health and Safety
Code.
(e) "Use by right" means that the city's or county's review of
the office conversion project may not require a conditional use
permit, planned unit development permit, or other discretionary
city or county review or approval that would constitute a "project"
for purposes of Division 13 (commencing with Section 21000) of
the Public Resources Code. Any subdivision of the sites shall be
subject to all laws, including, but not limited to, a city or county
ordinance implementing the Subdivision Map Act (Division 2
(commencing with Section 66410)).
65658.2. (a) An office conversion project that meets the
requirements of subdivision (b) shall be a use by right in all zones,
regardless of the zoning of the site, and subject to ministerial
review, as provided in this article.
(b) (1) (A) An office conversion project shall dedicate at least
10 percent of the total amount of housing units created by the
project to persons and families of low or moderate income.
(B) The project proponent shall commit to record, prior to the
issuance of the first building permit, a land use restriction or
covenant providing that any lower or moderate income housing
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1 units required pursuant to paragraph (1) shall remain available at
2 affordable housing costs or rent to persons and families of low or
3 moderate income for no less than the following periods of time:
4 (i) Fifty-five years for units that are rented.
5 (ii) Forty-five years for units that are owned.
6 (2) The project proponent provides the local government with
7 an enforceable commitment that all contractors and subcontractors
8 performing work on the project will use a skilled and trained
9 workforce for any proposed rehabilitation, construction, or major
10 alterations in accordance with Chapter 2.9 (commencing with
11 Section 2600) of Part 1 of Division 2 of the Public Contract Code.
12 (3) The city or county shall require the recording of covenants
13 or restrictions implementing this paragraph for each unit included
14 in the project.
15 (c) (1) An office conversion project subject to this section shall
16 not be subject to any review by a city council, county board of
17 supervisors, planning commission, or other planning oversight
18 board. If a local government's planning director or any equivalent
19 local government staff, including all relevant planning and
20 permitting departments, determines that an office conversion
21 project submitted pursuant to this article is consistent with
22 subdivision (b), it shall approve the project.
23 (2) Upon a determination that an office conversion project is in
24 conflict with any of the standards specified in subdivision (b), the
25 local government shall provide the project proponent written
26 documentation of which standard or standards the project conflicts
27 with, and an explanation for the reason or reasons the project
28 conflicts with that standard or standards, as follows:
29 (A) Within 60 days of the submission of the office coercion
30 project to the local government if the project contains 150 or fewer
31 housing units.
32 (B) Within 90 days of the submission of the office coercion
33 project to the local government if the project contains more than
34 150 housing units.
35 (d) A local government shall not impose either of the following
36 on an office conversion project:
37 (1) Any new parking requirements that were not imposed on
38 the original office use.
39 (2) Any new open space requirements that were not imposed
40 on the original office use.
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1 (e) (1) Notwithstanding any other law, an office conversion
2 project shall be exempt from all impact fees that are not directly
3 related to the construction of an office building into residential
4 dwelling units.
5 (2) Notwithstanding any other law, a local government shall
6 not impose any fee on an office conversion project to cover the
7 cost of code enforcement or inspection services, or to other fees
8 collected to pay for the cost of enforcement of local ordinances or
9 state law.
10 (3) (A) Notwithstanding Chapter 5 (commencing with Section
11 66000), any impact fees imposed pursuant to this article shall, at
12 the request of the project proponent, be collected over a 10-year
13 period, with the first payment being due upon the date of the final
14 inspection, or the date the certificate of occupancy is issued,
15 whichever occurs first.
16 (B) The payment of impact fees paid over the 10-year period
17 pursuant to this subdivision shall be distributed evenly over the
18 payment term.
19 (4) (A) A project proponent that utilizes paragraph (3) shall be
20 required to execute a contract to pay the fees, or applicable portion
21 thereof, within the time specified.
22 (B) The obligation to pay the fees shall inure to the benefit of,
23 and be enforceable by, the local government that imposed the fee
24 or charge, regardless of whether it is a party to the contract. The
25 contract shall contain a legal description of the property affected,
26 shall be recorded in the office of the county recorder of the county
27 and, from the date of recordation, shall constitute a lien for the
28 payment of the fees, which shall be enforceable against successors
29 in interest to the property owner or lessee at the time of issuance
30 of the building permit. The contract shall be recorded in the
31 grantor -grantee index in the name of the public agency issuing the
32 building permit as grantee and in the name of the property owner
33 or lessee as grantor. The local government shall record a release
34 of the obligation, containing a legal description of the property, in
35 the event the obligation is paid in full, or a partial release in the
36 event the fee or charge is prorated.
37 (C) The contract may require the property owner or lessee to
38 provide appropriate notification of the opening of any escrow for
39 the sale of the property for which the building permit was issued
40 and to provide in the escrow instructions that the fee or charge be
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1 paid to the local government imposing the same from the sale
2 proceeds in escrow prior to disbursing proceeds to the seller.
3 (f) A local government shall not adopt or impose any
4 requirement, including, but not limited to, increased fees or
5 inclusionary housing requirements, that applies to a project solely
6 or partially on the basis that the office conversion project is subject
7 to this section.
8 65658.3. A local government may adopt an ordinance to
9 implement this article and specify the process and requirements
10 applicable to office conversion projects, provided that the ordinance
11 is consistent with, and does not inhibit the objectives of, this article.
12 65658.4. The Legislature finds and declares that this article
13 addresses a matter of statewide concern rather than a municipal
14 affair as that term is used in Section 5 of Article XI of the
15 California Constitution. Therefore, this article applies to all cities,
16 including charter cities.
17 SEC. 2. Chapter 18.5 (commencing with Section 50898.50) is
18 added to Part 2 of Division 31 of the Health and Safety Code, to
19 read:
20
21 CHAPTER 18.5. OFFICE TO HOUSING CONVERSION GRANTS
22
23 50898.50. For purposes of this Chapter:
24 (a) "Department" means the Department of Housing and
25 Community Development.
26 (b) "Office conversion project" means a project that is eligible
27 as a use by right pursuant to Article 11.5 (commencing with Section
28 65658) of Chapter 3 of Division 1 of Title 7 of the Government
29 Code.
30 50898.51. (a) Upon appropriation by the Legislature, the
31 department shall establish a grant program that awards funding to
32 office conversion projects consistent with this chapter.
33 (b) The funding awarded under this chapter shall be awarded
34 based on the square footage of the office conversion project.
35 50898.52. (a) There is hereby created in the State Treasury
36 the Office to Housing Conversion Fund.
37 (b) Moneys in the fund shall, upon appropriation by the
38 Legislature, be made available the department for purposes of this
39 chapter.
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1 SEC. 3. If the Commission on State Mandates determines that
2 this act contains costs mandated by the state, reimbursement to
3 local agencies and school districts for those costs shall be made
4 pursuant to Part 7 (commencing with Section 17500) of Division
5 4 of Title 2 of the Government Code.
x
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AMENDED IN ASSEMBLY MARCH 21, 2023
CALIFORNIA LEGISLATURE-2023-24 REGULAR SESSION
ASSEMBLY BILL No. 1630
Introduced by Assembly Member Garcia
February 17, 2023
An act to add Section 65914.8 to the Government Code, relating to
land use.
LEGISLATIVE COUNSEL'S DIGEST
AB 1630, as amended, Garcia. Planning and zoning: housing
development approvals: student housing projects.
Existing law, the Planning and Zoning Law, authorizes the legislative
body of any county or city, pursuant to specified procedures, to adopt
ordinances that, among other things, regulate the use of buildings,
structures, and land as between industry, business, residences, open
space, and other purposes. Existing law, the Planning and Zoning Law,
until January 1, 2026, authorizes a development proponent to submit
an application for a multifamily housing development that is subject to
a streamlined, ministerial approval process, as provided, and not subject
to a conditional use permit, if the development satisfies specified
objective planning standards, including, among other things, that the
development and the site on which it is located satisfy specified location,
urbanization, and zoning requirements.
This bill would , or eity and eounty from
prohibiting a dormitory on any real property loeated within +f, mile-ef
defined.a university eampus, as enact The Student Housing Crisis Act
of 2023. The bill would require a city, county, or city and county to
classify student and faculty and staff housing as a permitted use on all
real property within- }f,-nrile 1, 000 feet of a university -ea us campus,
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as defined, for zoning purposes. The bill would require a proposed
student or faculty and staff housing project, as defined, to be considered
ministerially, without discretionary review or a hearing, if specified
requirements are met, including that M',.as 50 a minimum of 20%
of the unites units in the project bed rented by studentsof the
loeal university eamptis to whieh the projeet site is proximate. or faculty
and staff of the university. The bill would prohibit a local agency from
imposing or enforcing on a student or faculty and staff housing project
subject to ministerial consideration certain restrictions, including a
minimum automobile parking requirement. The bill would require
student or faculty and staff housing to have certain recorded deed
restrictions, except as provided, that ensure for at least 55 years that,
among other things, at least 20% of the units are affordable to lower
income households, as defined, except as provided. In connection with
an application submitted pursuant to these provisions, the bill would
require a city, county, or city and county to take specified actions,
including, upon the request of the applicant, provide a list of permits
and fees that are required by the city, county, or city and county. By
imposing new duties on local jurisdictions, this bill would impose a
state -mandated local program. The bill would require a proponent of a
student or faculty and staff housing project subject to ministerial
consideration to require in contracts with construction contracts and
certify to the local government that certain standards will be met in
project construction, including that a student or faculty and staff housing
project that is not in its entirety a public work, as defined, shall be
subject to certain requirements, including to pay all construction
workers employed in the executing of the student or faculty and staff
housing project at least the general prevailing rate of per diem wages
for the type of work and geographic area, as specified.
The California Environmental Quality Act (CEQA) requires a lead
agency, as defined, to prepare, or cause to be prepared, and certify the
completion of, an environmental impact report on a project that it
proposes to carry out or approve that may have a significant effect on
the environment or to adopt a negative declaration if it finds that the
project will not have that effect. CEQA also requires a lead agency to
prepare a mitigated negative declaration for a project that may have a
significant effect on the environment if revisions in the project would
avoid or mitigate that effect and there is no substantial evidence that
the project, as revised, would have a significant effect on the
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environment. CEQA does not apply to the approval of ministerial
projects.
By establishing a streamlined, ministerial approval process for certain
housing developments, this bill would expand the exemption for the
ministerial approval of projects under CEQA.
The bill would include findings that changes proposed by this bill
address a matter of statewide concern rather than a municipal affair
and, therefore, apply to all cities, including charter cities.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. Section 65914.8 is added to the Government
2 Code, to read:
3 65914.8. (a) , or eity and eounty shall not
4 prohibit a dortnitoty on any real property loeated within one hal
5 mile of a uttiversity eampus.This section shall be known, and may
6 be cited, as "The Student Housing Crisis Act of 2023."
7 (b) A city, county, or city and county shall classify student and
8 faculty and staff housing as a permitted use on all real property
9 within otte half mile 1, 000 feet of a university campus for zoning
10 purposes.
11 (c) A proposed student or faculty and staff housing project shall
12 be considered ministerially, without discretionary review or a
13 hearing, if the proposed housing project meets all of the
14 following requirements:
15
16
17 the projeet site is proximate.
18 ,
19 , is the greater o
20 €ollowing
21 ,
22 .
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1 (B) The applieerble density deeme—d appropriate to aeeomm
2 hottsing for lower ineome hottseholds in that jurisdietion, as
3
4 (3) The height litnit for the hottsing developtnent is the gt!eater
5 of the foil *
6 ,
7 .
8 .
9 (1) The student or faculty and staff housing is located on
10 property within 1, 000 feet of a university campus.
11 (2) A minimum of 20 percent of the units of the housing
12 development are rented by students and university faculty or staff,
13 and the remaining units are rented pursuant to the following
14 procedures:
15 (A) A developer or developerproponent shall first offer the units
16 to the university's student, faculty, and staffpopulation for a period
17 of two weeks.
18 (B) If the developer or developer proponent receives an
19 insufficient number of students, faculty, and staff to apply for and
20 occupy the units, the developer or developer proponent may offer
21 the unoccupied units to the general members of the public.
22 (C) When a unit in the housing development becomes
23 unoccupied and available for rent, a developer or developer
24 proponent shall first offer the unit to the university's students,
25 faculty, and staff and then to general members of the public.
26 (3) The student or faculty and staff housing development is not
27 any of the following:
28 (A) Eitherprimefarmland orfarmland ofstatewide importance,
29 as defined pursuant to United States Department of Agriculture
30 land inventory and monitoring criteria, as modifiedfor California,
31 and designated on the maps prepared by the Farmland Mapping
32 and Monitoring Program of the Department of Conservation, or
33 land zoned or designated for agricultural protection or
34 preservation by a local ballot measure that was approved by the
35 voters of that jurisdiction.
36 (B) Wetlands, as defined in the United States Fish and Wildlife
37 Service Manual, Part 660 FW 2 (June 21, 1993).
38 (C) Within a very high fire hazard severity zone, as determined
39 by the State Fire Marshal pursuant to Section 51178, or within a
40 high or very high fire hazard severity zone as indicated on maps
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1 adopted by the State Fire Marshal pursuant to Section 4202 of the
2 Public Resources Code. This subparagraph does not apply to sites
3 excluded from the specked fire hazard severity zones by a local
4 agency, pursuant to subdivision (b) of Section 51179, or sites that
5 have adopted fire hazard mitigation measures pursuant to existing
6 building standards or state fire mitigation measures applicable to
7 the project.
8 (D) Either a hazardous waste site listed pursuant to Section
9 65962.5 or a hazardous substances release site designated by the
10 Department of Toxic Substances Control pursuant to Section 25356
11 of the Health and Safety Code, unless the State Department of
12 Public Health, State Water Resources Control Board, or
13 Department of Toxic Substances Control has cleared the site for
14 residential use or residential mixed uses.
15 (E) Within a delineated earthquake fault zone as determined by
16 the State Geologist in any official maps published by the State
17 Geologist, unless the project complies with applicable seismic
18 protection building code standards adopted by the California
19 Building Standards Commission under the California Building
20 Standards Law (Part 2.5 (commencing with Section 18901) of
21 Division 13 of the Health and Safety Code), and by any local
22 building department under Chapter 12.2 (commencing with Section
23 8875) of Division I of Title 2.
24 (F) Within a special flood hazard area subject to inundation by
25 a 1 percent annual chance flood (100 year flood) as determined
26 by the Federal Emergency Management Agency in any official
27 maps published by the Federal Emergency Management Agency.
28 If a student or faculty and staff housing project is able to satisfy
29 all applicable federal qualifying criteria in order to demonstrate
30 that the site satisfies this subparagraph and is otherwise eligible
31 to be exempt from this division pursuant to this section, a local
32 government shall not deny an application on the basis that the
33 student or faculty and staff housing project did not comply with
34 any additional permit requirement, standard, or action adopted
35 by that local government that is applicable to that site. A project
36 may be located on a site described in this subparagraph if either
37 of the following are met:
38 (i) The site has been subject to a Letter of Map Revision
39 prepared by the Federal Emergency Management Agency and
40 issued to the local government.
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1 (ii) The site meets Federal Emergency Management Agency
2 requirements necessary to meet minimum flood plain management
3 criteria of the National Flood Insurance Program pursuant to Part
4 59 (commencing with Section 59.1) and Part 60 (commencing with
5 Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code
6 of Federal Regulations.
7 (iii) Habitat for protected species identified as candidate,
8 sensitive, or species of special status by a state or federal agency,
9 fully protected species, or species protected by the federal
10 Endangered Species Act of 1973 (16 U.S. C. Sec. 1531 et seq), or
11 the California Endangered Species Act (Chapter 1.5 (commencing
12 with Section 2050) of Division 3 of the Fish and Game Code).
13 (d) Notwithstanding any other law, a local agency shall not
14 impose or enforced on a student or faculty and staff housing
15 project subject to ministerial consideration pursuant to subdivision
16 (c) any of the following:
17 (1) A minimum automobile parking
18 .
19 requirement.
20 (2) A floor=to-area ratio requirement.
21
22 (3) A setback requirement greater than four feet from the side
23 and rear lot lines of the student holt subjeet to
24 seetion..lines.
25 (4) A density requirement.
26 (5) A height limit less than the lower of the following:
27 (A) The height limit allowed on the parcel by the city, county,
28 or city and county, as applicable.
29 (B) Forty feet, excluding roof -mounted amenities and utilities.
30 (f-Tke
31 (e) Unless a local ordinance or the terms of a federal, state, or
32 local grant, tax credit, or other project financing requires, as a
33 condition of the development of residential units, that the student
34 or faculty and staff housing project include a certain percentage
35 of units that are affordable to, and occupied by, low-income, lower
36 income, very low income, or extremely low income households for
37 a term that exceeds 55 years for rental housing units, a student or
38 faculty and staff housing project subject to ministerial
39 consideration pursuant to subdivision (c) shall have a recorded
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1 deed restriction that ensures, for a period of at least 55 years,+e
2 all of the following:
3 (1) A4 least one third of the tmits are set at an aff-ofdable ire
5 (2)
6 (1) At least-4-5 20 percent of the units are affordable to lower
7 income households. For purposes of this paragraph, "lower income
8 households " means either of the following:
9 (A) Students who have a household income and asset level that
10 does not exceed the level for Cal Grant A or Cal Grant B award
11 recipients as set forth in paragraph (1) of subdivision (k) of Section
12 69432.7 of the Education Code. The eligibility of a student under
13 this paragraph shall be verified by an affidavit, award letter, or
14 letter of eligibility provided by the institution of higher education
15 in which the student is enrolled or by the StudentAid Commission
16 that the student receives or is eligible for financial aid, including
17 an institutional grant or fee waiver, from the college or university,
18 the Student Aid Commission, or the federal government shall be
19 sufficient to satisfy this paragraph.
20 (B) "Lower income households" as defined in Section 50079.5
21 of the Health and Safety Code.
22 (2) The rent charged in the applicable units of the student or
23 faculty and staff housing project for lower income students, faculty,
24 and staff shall be calculated at 30 percent of 65 percent of the area
25 median income for a single -room occupancy type.
26 (3) The student or faculty and staff housing project will prioritize
27 the applicable affordable units for lower income students
28 experiencing homelessness. A homeless services provider, as
29 defined in paragraph (3) of subdivision (e) of Section 103577 of
30 the Health and Safety Code, or institution of higher education that
31 has knowledge of a person 's homeless status may verify a person 's
32 status as homeless for purposes of this paragraph.
33 (g)
34 (f) In connection with an application submitted pursuant to
35 subdivision (c), a city, county, or city and county shall do all of
36 the following:
37 (1) Upon the request of the applicant, provide a list of the
38 permits and fees that are required by the city, county, or city and
39 county, including, but not limited to, information about other
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1 permits that may be required by other departments in the city,
2 county, or city and county, or by other public agencies.
3 (2) Upon the request of the applicant, provide information about
4 the anticipated length of time for reviewing and processing the
5 permit application.
6 (3) Upon the request of the applicant, provide information on
7 the breakdown of any individual fees charged in connection with
8 the issuance of the permit.
9 (4) If a deposit is required to cover the cost of the permit,
10 provide information to the applicant about the estimated final cost
11 to the applicant of the permit and the procedures for receiving a
12 refund of the portion of the deposit not used.
13 (g) Except as provided in subdivision (h), a developer or
14 developer proponent of a student or faculty and staff housing
15 project subject to ministerial consideration pursuant to subdivision
16 (c) shall require in contracts with construction contractors and
17 shall certify to the local government that the following standards
18 specified in this subdivision will be met in project construction,
19 as applicable:
20 (1) A student or faculty and staff housing project that is not in
21 its entirety a public work for purposes of Chapter I (commencing
22 with Section 1720) of Part 7 of Division 2 of the Labor Code and
23 is approved by a local government pursuant to subdivision (c)
24 shall be subject to all of the following:
25 (A) All construction workers employed in the execution of the
26 student or faculty and staff housing project shall be paid at least
27 the general prevailing rate of per diem wages for the type of work
28 and geographic area, as determined by the Director of Industrial
29 Relations pursuant to Sections 1773 and 1773.9 of the Labor Code,
30 except that apprentices registered in programs approved by the
31 Chief of the Division of Apprenticeship Standards may be paid at
32 least the applicable apprentice prevailing rate.
33 (B) The student or faculty and staff housing project developer
34 or developer proponent shall ensure that the prevailing wage
35 requirement is included in all contracts for the performance of the
36 workfor those portions of the student or faculty and staff housing
37 project that are not a public work.
38 (C) All contractors and subcontractors for those portions of the
39 student or faculty and staff housing project that are not a public
40 work shall comply with both of the following:
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1 (i) Pay to all construction workers employed in the execution
2 of the work at least the general prevailing rate of per diem wages,
3 except that apprentices registered in programs approved by the
4 Chief of the Division of Apprenticeship Standards may be paid at
5 least the applicable apprentice prevailing rate.
6 (ii) Maintain and verify payroll records pursuant to Section
7 1776 of the Labor Code and make those records available for
8 inspection and copying as provided in that section. This clause
9 does not apply if all contractors and subcontractors performing
10 work on the student or faculty and staff housing project are subject
11 to a project labor agreement that requires the payment of
12 prevailing wages to all construction workers employed in the
13 execution of the student or faculty and staff housing project and
14 provides for enforcement of that obligation through an arbitration
15 procedure. Forpurposes of this clause, `project labor agreement"
16 has the same meaning as set forth in paragraph (1) of subdivision
17 (b) of Section 2500 of the Public Contract Code.
18 (2) (A) The obligation of the contractors and subcontractors
19 to pay prevailing wages pursuant to this paragraph may be
20 enforced by any of the following:
21 (i) The Labor Commissioner through the issuance of a civil
22 wage and penalty assessment pursuant to Section 1741 of the Labor
23 Code, which may be reviewed pursuant to Section 1742 of the
24 Labor Code, within 18 months after the completion of the student
25 or faculty and staff housing project.
26 (ii) An underpaid worker through an administrative complaint
27 or civil action.
28 (iii) A joint labor-management committee through a civil action
29 under Section 1771.2 of the Labor Code.
30 (B) If a civil wage and penalty assessment is issued pursuant
31 to this paragraph, the contractor, subcontractor, and surety on a
32 bond or bonds issued to secure the payment of wages covered by
33 the assessment shall be liable for liquidated damages pursuant to
34 Section 1742.1 of the Labor Code.
35 (C) This subdivision does not apply if all contractors and
36 subcontractors performing work on the student or faculty and staff
37 housing project are subject to a project labor agreement that
38 requires the payment of prevailing wages to all construction
39 workers employed in the execution of the student or faculty and
40 staff housing project and provides for enforcement of that
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1 obligation through an arbitration procedure. For purposes of this
2 subparagraph, `project labor agreement" has the same meaning
3 as set forth in paragraph (1) of subdivision (b) of Section 2500 of
4 the Public Contract Code.
5 (3) 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 does not apply to those portions of student
9 or faculty and staff housing projects that are not a public work if
10 otherwise provided in a bona fide collective bargaining agreement
11 covering the worker
12 (4) The requirement of this subdivision to pay at least the
13 general prevailing rate of per diem wages does not preclude use
14 of an alternative workweek schedule adopted pursuant to Section
15 511 or 514 of the Labor Code.
16 (5) A student or faculty and staff housing project of 50 or more
17 housing units approved by a local government pursuant to this
18 section shall meet all of the following labor standards:
19 (A) The developer or developer proponent shall require in
20 contracts with construction contractors and shall certify to the
21 local government that each contractor of any tier who will employ
22 construction craft employees or will let subcontracts for at least
23 1, 000 hours shall satisfy the requirements in subparagraphs (B)
24 and (C). A construction contractor is deemed in compliance with
25 subparagraphs (B) and (C) if it is signatory to a valid collective
26 bargaining agreement that requires utilization of registered
27 apprentices and expenditures on health care for employees and
28 dependents.
29 (B) A contractor with construction craft employees shall either
30 participate in an apprenticeship program approved by the Division
31 ofApprenticeship Standards pursuant to Section 3075 of the Labor
32 Code, or request the dispatch of apprentices from a state -approved
33 apprenticeship program under the terms and conditions set forth
34 in Section 1777.5 of the Labor Code. A contractor without
35 construction craft employees shall show a contractual obligation
36 that its subcontractors comply with this subparagraph.
37 (C) Each contractor with construction craft employees shall
38 make health care expenditures for each employee in an amount
39 per hour worked on the student or faculty and staff housing project
40 equivalent to at least the hourly pro rata cost of a Covered
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1 California Platinum -level plan for two adults 40 years of age or
2 older and two dependents 0 to 14 years of age for the Covered
3 California rating area in which the student or faculty and staff
4 housing project is located. A contractor without construction craft
5 employees shall show a contractual obligation that its
6 subcontractors comply with this clause. Qualifying expenditures
7 shall be credited toward compliance with prevailing wage payment
8 requirements set forth in this subdivision.
9 (D) (i) Each contractor with construction craft employees shall
10 make health care expenditures for each employee in an amount
11 per hour worked on the student or faculty and staff housing project
12 equivalent to at least the hourly pro rata cost of a Covered
13 California Platinum -level plan for two adults 40 years of age or
14 older and two dependents 0 to 14 years of age for the Covered
15 California rating area in which the student or faculty and staff
16 housing project is located. A contractor without construction craft
17 employees shall show a contractual obligation that its
18 subcontractors comply with this clause. Qualifying expenditures
19 shall be credited toward compliance with prevailing wage payment
20 requirements set forth in this subdivision.
21 (ii) A developer or developer proponent that fails to provide
22 the monthly report shall be subject to a civil penalty for each month
23 for which the report has not been provided, in the amount of 10
24 percent of the dollar value of construction workperformed by that
25 contractor on the student or faculty and staff housing project in
26 the month in question, up to a maximum of ten thousand dollars
27 ($10, 000). Any contractor or subcontractor that fails to comply
28 with subparagraphs (B) and (C) shall be subject to a civil penalty
29 of two hundred dollars ($200) per day for each worker employed
30 in contravention of subparagraphs (B) and (C).
31 (iii) Penalties may be assessed by the Labor Commissioner
32 within 18 months of completion of the student or faculty and staff
33 housing project using the procedures for issuance of civil wage
34 and penalty assessments specified in Section 1741 of the Labor
35 Code, and may be reviewed pursuant to Section 1742 of the Labor
36 Code. Penalties shall be deposited in the State Public Works
37 Enforcement Fund established pursuant to Section 1771.3 of the
38 Labor Code.
39 (E) Each construction contractor shall maintain and verify
40 payroll records pursuant to Section 1776 of the Labor Code. Each
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1 construction contractor shall submit payroll records directly to
2 the Labor Commissioner at least monthly in a format prescribed
3 by the Labor Commissioner in accordance with subparagraph (A)
4 of paragraph (3) of subdivision (a) of Section 1771.4 of the Labor
5 Code. The records shall include a statement of fringe benefits.
6 Upon request by a joint labor-management cooperation committee
7 established pursuant to the federal Labor Management
8 Cooperation Act of 1978 (29 U.S.C. Sec. 175a), the records shall
9 be provided pursuant to subdivision (e) of Section 1776 of the
10 Labor Code.
11 (F) All construction contractors shall report any change in
12 apprenticeship program participation or health care expenditures
13 to the local government within 10 business days, and shall reflect
14 those changes on the monthly report. The reports shall be
15 considered public records pursuant to the California Public
16 Records Act (Division 10 (commencing with Section 7920.000) of
17 Title 1) and shall be open to public inspection.
18 (G) A joint labor-management cooperation committee
19 established pursuant to the federal Labor Management
20 Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall have standing
21 to sue a construction contractor for failure to make health care
22 expenditures pursuant to clause (iii) of subparagraph (D) in
23 accordance with Section 218.7 or 218.8 of the Labor Code.
24 (h) Notwithstanding subdivision (g), a student or faculty and
25 staff housing project subject to ministerial consideration pursuant
26 to subdivision (c) is exempt from any requirement to pay prevailing
27 wages, use a workforce participating in an apprenticeship, or
28 provide health care expenditures if it satisfies both of thefollowing:
29 (1) The student or faculty and staff housing project consists of
30 10 or fewer units.
31 (2) The student or faculty and staff housing project is not a
32 public workfor purposes of Chapter I (commencing with Section
33 1720) of Part 7 of Division 2 of the Labor Code.
34 (h)
35 (i) For purposes of this section, the following definitions apply:
36 (1) "Faculty and staff housing project" means one or more
37 housing facilities to be occupied by faculty or staff of one or more
38 campuses and owned by a public university, including dining,
39 academic, and faculty support service spaces and other necessary
40 and usual attendant and related facilities and equipment.
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(2) "Student" means a person who is currently, or has been
within the previous two years, a part-time or full-time student of
the University of California, California State University, California
Community Colleges, or nonprofit private university accredited
by the Western Association of Schools and Colleges or the
Accrediting Commission for Community and Junior Colleges.
H
(3) "Student housing project" means one or more housing
facilities to be occupied by students of one or more campuses
proximate to a university campus, including, but not limited to,
dining spaces, academic spaces, student support service spaces,
and other necessary and usual attendant and related facilities and
equipment.
(4) "University campus" has the same meaning as "main
means the institution's sole or primary teaching location.
SEC. 2. The Legislature finds and declares that Section 1 of
this act adding Section 65914.8 to the Government Code addresses
a matter of statewide concern rather than a municipal affair as that
term is used in Section 5 of Article XI of the California
Constitution. Therefore, Section 1 of this act applies to all cities,
including charter cities.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because
a local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.
I
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AMENDED IN ASSEMBLY MARCH 9, 2023
CALIFORNIA LEGISLATURE-2023-24 REGULAR SESSION
ASSEMBLY BILL No. 1708
Introduced by Assembly Member Muratsuchi
Februaiy 17, 2023
An act relating to eotTeetions. to amend Sections 459.5 and 490.2 of,
to add Section 666.1 to, and to add Chapter 2.97 (commencing with
Section 1001.98) to Title 6 of Part 2 of, the Penal Code, relating to
theft.
LEGISLATIVE COUNSEL'S DIGEST
AB 1708, as amended, Muratsuchi. Gorreetions! ..liabilit ti v.e
Theft.
(1) Existing law, the Safe Neighborhoods and Schools Act, enacted
by Proposition 47, as approved by the voters at the November 4, 2014,
statewide general election, defines and prohibits an act of shoplifting
and prohibits prosecution for an act of shopl ding under any other law.
This bill would refine the definition of shoplifting and would
specifically exclude certain offenses from prosecution as shoplifting,
including, among others, the theft of a firearm or vehicle, identity theft,
and credit card fraud.
(2) Existing law requires, except as excluded, the theft of anyproperty
valued below $950 to be charged as petty theft, a misdemeanor.
This bill would similarly exclude certain offenses from this provision,
including, among others, the theft of a vehicle, identity theft, and credit
card fraud.
(3) Existing law provides that a person with a prior conviction for
specified sex offenses may be charged with a felony for shoplifting or
for theft of property not exceeding $950 in value.
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AB 1708 —2—
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This bill would require a person convicted ofpetty theft or shoplifting,
if the person has 2 or more prior convictions for specified theft -related
offenses, to be punished by imprisonment in the county jail for up to
one year, or for 16 months, or 2 or 3 years.
(4) Existing law, until January 1, 2026, authorizes a city or county
prosecuting authority or county probation department to create a
diversion or deferred entry ofjudgmentprogram pursuant to this section
for persons who commit a theft offense or repeat theft offenses, as
specified.
This bill would authorize a city or county prosecuting authority or
county probation department to create a diversion program forpersons
who commit theft or repeat theft offenses, as specified
(5) This bill would provide that the provisions of the bill that amend
Proposition 47 would become effective only upon approval of the voters,
and would provide for the submission of those provisions to the voters
for approval at the next statewide general election.
Existing 6 the Department of GotTeetions an
and og��ring a variety of program oppeftnities to intnates regardless
of seettrity level or sentettee length.
T+is bill would express the intent ofthe 1�egislature to enaet legislatio
partieipation in rehabilitative serviees.
Vote: majority. Appropriation: no. Fiscal committee: eyes.
State -mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. Section 459.5 of the Penal Code is amended to
2 read.-
3 459.5. (a) Notwithstanding Section 459, shoplifting is defined
4 as entering a commercial establishment with:Went to ,.,.w._ it,
5 laree while that establishment is open during regular business
6 hours, with the intent to steal retail property or merchandise, where
7 the value of the property that is taken or intended to be taken does
8 not exceed nine hundred fifty dollars ($950). Any other entry into
9 a commercial establishment with intent to commit larceny is
10 burglary. Shoplifting shall be punished as a misdemeanor, except
11 that a person with one or more prior convictions for an offense
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specified in clause (iv) of subparagraph (C) of paragraph (2) of
subdivision (e) of Section 667 or for an offense requiring
registration pursuant to subdivision (c) of Section 290 may be
punished pursuant to subdivision (h) of Section 1170.
(b) Any act of shoplifting as defined in subdivision (a) shall be
charged as shoplifting. No person who is charged with shoplifting
may also be charged with burglary or theft of the same property.
(c) This section does not apply to theft of a firearm; forgery, as
described in Chapter 4 (commencing with Section 470); the
unlawful sale, transfer, or conveyance of an access card in
violation of Section 484e; forgery of an access card in violation
of Section 484f; the unlawful use of an access card in violation of
Section 484g; theft from an elder or dependent adult in violation
of subdivision (e) of Section 368; receiving stolen property in
violation of Section 496; embezzlement, as described in Chapter
6 (commencing with Section 503); identity theft in violation of
Section 530.5; or the theft or unauthorized use of a vehicle in
violation of Section 10851 of the Vehicle Code.
(d) As used in this section, the following terms have the following
meanings:
(1) "Retail property or merchandise " means any article,
product, commodity, item, or component intended to be sold in
retail commerce.
(2) "Value" means the retail value of an item as advertised by
the affected retail establishment, including applicable taxes.
SEC. 2. Section 490.2 of the Penal Code is amended to read:
490.2. (a) Notwithstanding Section 487 or any other provision
of law defining grand theft, obtaining any property by theft where
the value of the money, labor, real or personal property taken does
not exceed nine hundred fifty dollars ($950) shall be considered
petty theft and shall be punished as a misdemeanor, except that
such person may instead be punished pursuant to subdivision (h)
of Section 1170 if that person has one or more prior convictions
for an offense specified in clause (iv) of subparagraph (C) of
paragraph (2) of subdivision (e) of Section 667 or for an offense
requiring registration pursuant to subdivision (c) of Section 290.
(b) This section shall not be applicable to any theft that may be
charged as an infraction pursuant to any other provision of law.
(c) This sections does not apply to theft of afi-rearm..
firearm; forgery, as described in Chapter 4 (commencing with
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Section 470); the unlawful sale, transfer, or conveyance of an
access card in violation of Section 484e; forgery of an access card
in violation of Section 484f; the unlawful use of an access card in
violation of Section 484g; theft from an elder or dependent adult
in violation of subdivision (e) of Section 368; receiving stolen
property in violation of Section 496; embezzlement, as described
in Chapter 6 (commencing with Section 503); identity theft in
violation of Section 530.5; or the theft or unauthorized use of a
vehicle in violation of Section 10851 of the Vehicle Code.
SEC. 3. Section 666.1 is added to the Penal Code, to read:
666.1. (a) (1) Notwithstanding any other law, a person who,
having two or more convictions for any of the offenses listed in
paragraph (2), and who is subsequently convicted of petty theft or
shoplifting, is punishable by imprisonment in the county jail not
exceeding one year, or pursuant to subdivision (h) of Section 1170.
(2) This section applies to the following offenses:
(A) Petty theft, as described in Section 488.
(B) Grand theft, as described in Section 487.
(C) Theft from an elder or dependent adult in violation of
subdivision (e) of Section 368.
(D) The theft or unauthorized use of a vehicle, as described in
Section 10851 of the Vehicle Code.
(E) Burglary, as described in Section 459.
(F) Carjacking, as described in Section 215.
(G) Robbery, as described in Section 211.
(H) Receiving stolen property, as described in Section 496.
(I) Shoplifting, as described in Section 459.5.
(J) Mail theft, as described in subdivision (e) of Section 530.5.
(b) This section shall not be construed to preclude prosecution
or punishment pursuant to any other law.
SEC. 4. Chapter 2.97 (commencing with Section 1001.98) is
added to Title 6 of Part 2 of the Penal Code, to read:
CHAPTER 2.97. THEFT CRIMES DIVERSION
1001.98. (a) The city or county prosecuting attorney or county
probation department may create a diversion program pursuant
to this section for persons who commit a theft offense or repeat
theft offenses. The program may be conducted by the prosecuting
attorney's office or the county probation department.
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1 (b) Except as provided in subdivision (e), this chapter does not
2 limit the power of the prosecuting attorney to prosecute theft or
3 repeat theft.
4 (c) Ifa county creates a diversion or deferred entry ofjudgment
5 program for individuals committing theft or repeat theft offenses,
6 on receipt of a case or at arraignment, the prosecuting attorney
7 shall either refer the case to the county probation department to
8 conduct a prefiling investigation report to assess the
9 appropriateness of program placement or, if the prosecuting
10 attorney's office operates the program, determine if the case is
11 one that is appropriate to be referred to the program. In
12 determining whether to refer a case to the program, the probation
13 department or prosecuting attorney shall consider, but is not
14 limited to, all of the following factors:
15 (1) Any prefiling investigation report conducted by the county
16 probation department or nonprofit contract agency operating the
17 program that evaluates the individual's risk and needs and the
18 appropriateness of program placement.
19 (2) If the person demonstrates a willingness to engage in
20 community service, restitution, or other mechanisms to repair the
21 harm caused by the criminal activity and address the underlying
22 drivers of the criminal activity.
23 (3) If a risk and needs assessment identifies underlying
24 substance abuse or mental health needs or other drivers of criminal
25 activity that can be addressed through the diversion or deferred
26 entry of judgment program.
27 (4) If the person has a violent or serious prior criminal record
28 or has previously been referred to a diversion program and failed
29 that program.
30 (5) Any relevant information concerning the efficacy of the
31 program in reducing the likelihood of participants committing
32 future offenses.
33 (d) On referral of a case to the program, a notice shall be
34 provided to the person alleged to have committed the offense with
35 both of the following information:
36 (1) The date by which the person must contact the diversion
37 program or deferred entry of judgment program in the manner
38 designated by the supervising agency.
39 (2) A statement of the penalty for the offense or offenses with
40 which that person has been charged.
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1 (e) The prosecuting attorney may enter into a written agreement
2 with the person to refrain from, or defer, prosecution on the offense
3 or offenses on the following conditions:
4 (1) Completion of the program requirements such as community
5 service or courses reasonably required by the prosecuting attorney.
6 (2) Making adequate restitution or an appropriate substitute
7 for restitution to the victim or victims.
8 SEC. 5. This act amends the Safe Neighborhoods and Schools
9 Act, an initiative statute approved by the voters at the November
10 4, 2014, statewide general election as Proposition 47, and shall
11 become effective only when submitted to and approved by the
12 voters. The Secretary of State shall submit Sections 1, 2, and 3 of
13 this act for approval by the voters at a statewide election in
14 accordance with Section 9040 of the Elections Code.
15 SECTION 1. it is the intent of the I�egislafffe to enae
16
17 thfough partieipation itt rehabilitative serviees.
I
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AMENDED IN SENATE FEBRUARY 22, 2023
SENATE BILL
No. 4
Introduced by Senator Wiener
(Principal coauthors: Assembly Members
McKinnor and Wicks)
(Coauthors: Senators Becker, Cortese,
Eggman, Gonzalez, Menjivar, and Skinner)
(Coauthors: Assembly MembersAlvarez, Friedman, Gabriel,MeKinnof,
Quirk -Silva, and Ward)
December 5, 2022
An act to add Section 65913.16 to the Government Code, relating to
housing.
LEGISLATIVE COUNSEL'S DIGEST
SB 4, as amended, Wiener. Planning and zoning: housing
development: higher education institutions and religious institutions.
The Planning and Zoning Law requires each county and city to adopt
a comprehensive, long-term general plan for its physical development,
and the development of certain lands outside its boundaries, that
includes, among other mandatory elements, a housing element. That
law allows a development proponent to submit an application for a
development that is subject to a specified streamlined, ministerial
approval process not subject to a conditional use permit, if the
development satisfies certain objective planning standards.
Existing law, the Zenovich-Moscone-Chacon Housing and Home
Finance Act, establishes the California Tax Credit Allocation Committee
within the Department of Housing and Community Development.
Existing law requires the committee to allocate state low-income housing
tax credits in conformity with state and federal law that establishes a
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maximum rent that may be charged to a tenant for a project unit
constructed using low-income housing tax credits.
This bill would require that a housing development project be a use
by right upon the request of an applicant who submits an application
for streamlined approval, on any land owned by an independent
institution of higher education or religious institution on or before
January 1, 2024, if the development satisfies specified criteria, including
that the development is not adjoined to any site where more than
one-third of the square footage on the site is dedicated to industrial use.
The bill would define various terms for these purposes. Among other
things, the bill would require that 100% of the units, exclusive of
manager units, in a housing development project eligible for approval
as a use by right under these provisions be affordable to lower income
households, except that 20% of the units may be for moderate -income
households, provided that all of the i and S% of the units may be
for staff of the independent institution of higher education or the
religions institution that owns the land, provided that the units
affordable to lower income households area offered at affordable
rent, as set in an amount consistent with the rent limits established by
the California Tax Credit Allocation Committee, or affordable housing
cost, as specified. The bill would authorize the development to include
ancillary uses on the ground floor of the development, as specified.
This bill would specify that a housing development project that is
eligible for approval as a use by right under the bill is also eligible for
a density bonus or other incentives or concessions, except as specified.
The bill would require a development subject to these provisions to
provide off-street parking of up to one space per unit, unless a local
ordinance provides for a lower standard of parking, in which case the
ordinance applies. The bill would prohibit a local government from
imposing any parking requirement on a development subject to these
provisions if the development is located within one-half mile walking
distance of public transit, either a high -quality transit corridor or a
major transit stop, as those terms are defined, or it is within one
block of a car share vehicle.
This bill would require a local government that determines a proposed
development is in conflict with any objective planning standards, as
specified, to provide the developer with written documentation
explaining those conflicts under a specified timeframe. The bill would
provide that the
development shall be deemed to satisfy the required objective planning
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standards if the local government fails to provide the requisite
documentation explaining any conflicts. The bill would authorize a
local government to conduct a design review, as described, only if the
design review focuses on compliance with the requisite criteria of a
streamlined, ministerial review process. The bill would prohibit a local
government from using a design review, as specified, from inhibiting,
chilling, or precluding a streamlined, ministerial approval. The bill
would require a local government to issue a subsequent permit for
developments approved under the provisions of this act.
The bill would include findings that changes proposed by this bill
address a matter of statewide concern rather than a municipal affair
and, therefore, apply to all cities, including charter cities.
The California Environmental Quality Act (CEQA) requires a lead
agency, as defined, to prepare, or cause to be prepared, and certify the
completion of, an environmental impact report on a project that it
proposes to carry out or approve that may have a significant effect on
the environment or to adopt a negative declaration if it finds that the
project will not have that effect. CEQA does not apply to the ministerial
approval of projects.
This bill, by requiring approval of certain development projects as a
use by right, would expand the exemption for ministerial approval of
projects under CEQA.
By adding to the duties of local planning officials with respect to
approving certain development projects, this bill would impose a
state -mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
This bill would provide that no rein-�bursement is required by this ae
for a speeified 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 65913.16 is added to the Government
2 Code, to read:
3 65913.16. (a) For purposes of this section:
4 (1) "Applicant" means a qualified developer who submits an
5 application for streamlined approval pursuant to this section.
6 (2) `Development proponent" means a developer that submits
7 a housing development project application to a local government
8 under the streamlined, ministerial review process pursuant to this
9 chapter.
10 (3) "Health care expenditures " include contributions pursuant
11 to Section 501(c) or (d) or 401(a) of the Internal Revenue Code
12 and payments toward "medical care" as defined in Section
13 213(d)(1) of the Internal Revenue Code.
14 (4) "Housing development project" has the same meaning as
15 defined in Section 65589.5.
16 (2)
17 (5) "Independent institution of higher education" has the same
18 meaning as defined in Section 66010 of the Education Code.
19 (6) `Industrial use" means utilities, manufacturing,
20 transportation storage and maintenance facilities, and warehousing
21 facilities. `Industrial use " does not include power substations or
22 utility conveyance such as power lines, broadband wires, and
23 pipes.
24 (4)
25 (7) "Local government" means a city, including a charter city,
26 county, including a charter county, or city and county,
27 getteral law or eharte including a charter city and county.
28 (4)
29 (8) "Qualified developer" means any of the following:
30 (A) A local public entity, as defined in Section 50079 of the
31 Health and Safety Code.
32 (B) (i) A developer that is a nonprofit corporation, a limited
33 partnership in which the managing general partner is a nonprofit
34 corporation, or a limited liability company in which the managing
35 member is a nonprofit corporation.
36 (ii) The developer, at the time of submission of an application
37 for development pursuant to this section, owns property or manages
38 housing units located on property that is exempt from taxation
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1 pursuant to the welfare exemption established in subdivision (a)
2 of Section 214 of the Revenue and Taxation Code.
3 (C) A developer that contracts with a nonprofit corporation that
4 has received a welfare exemption under Section 214.15 of the
5 Revenue and Taxation Code for properties intended to be sold to
6 low-income families with financing in the form of zero interest
7 rate loans.
8 (-5-)
9 (9) "Religious institution" means an institution owned,
10 controlled, and operated and maintained by a bona fide church,
11 religious denomination, or religious organization composed of
12 multidenominational members of the same well -recognized
13 religion, lawfully operating as a nonprofit religious corporation
14 pursuant to Part 4 (commencing with Section 9110) of Division 2
15 of Title 1 of the Corporations Code.
16 '
17
18 eonditional ttse permit, planned unit development pertnit, or othef
19
20 " for purposes -of Division 13 (eotntnett
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22 of the sites shall be sttbjeet to all laws, ineluding, but not litnite
23 to,
24
25 (10) "Use by right" means a development project that satisfies
26 both of the following conditions:
27 (A) The development project does not require a conditional use
28 permit, planned unit development permit, or other discretionary
29 local government review.
30 (B) The development project is not a `project " for purposes of
31 Division 13 (commencing with Section 21000) of the Public
32 Resources Code.
33 (b) Notwithstanding any inconsistent provision of a local
34 government's general plan, specific plan, zoning ordinance, or
35 regulation, upon the request of an applicant, a housing development
36 project shall be a use by right, if all of the following criteria are
37 satisfied:
38 (1) The development is located on land owned on or before
39 January 1, 2024, by an independent institution of higher education
40 or a religious institution, including ownership through an affiliated
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1 nonprofit public benefit corporation organized pursuant to the
2 Nonprofit Corporation Law (Part 2 (commencing with Section
3 5110) of Division 2 of Title 1 of the Corporations Code).
4 (2) The development is located on a parcel that satisfies the
5 requirements specified in subparagraphs (A) and (B) of paragraph
6 (2) of subdivision (a) of Section 65913.4.
7 (3) The development is located on a parcel that satisfies the
8 requirements specified in subparagraphs (B) to (K), inclusive, of
9 paragraph (6) of subdivision (a) of Section 65913.4.
10 (4) The development is located on a parcel that satisfies the
11 requirements specified in paragraph (7) of subdivision (a) of
12 Section 65913.4.
13 (5) The development is not adjoined to any site where more
14 than one-third of the square footage on the site is dedicated to
15 industrial use. For purposes of this subdivision, parcels separated
16 by only a street or highway shall be considered to be adjoined.
17 (6) The development project is located on a site that is
18 one -quarter acre in size or greater.
19 (7) One hundred percent of the development proj ect's total units,
20 exclusive of a manager's unit or units, are for lower income
21 households, as defined by Section 50079.5 of the Health and Safety
22 Code, except that up to 20 percent of the total units in the
23 development may be for moderate -income households, as defined
24 in Section 50053 of the Health and Safety Code, and 5
25 percent of the units may be for staff of the independent institution
26 of higher education or religious institution that owns the land.
27 Units in the development shall be offered at affordable housing
28 cost, as defined in Section 50052.5 of the Health and Safety Code,
29 or at affordable rent, as set in an amount consistent with the rent
30 limits established by the California Tax Credit Allocation
31 Committee. The rent or sales price for a moderate -income unit
32 shall also be at least 20 pereew below the market rate be affordable
33 and shall not exceed 30 percent of income for a moderate -income
34 household or homebuyer for a unit of similar size and bedroom
35 count in the same ZIP Code in the city, county, or city and county
36 in which the housing development is located. The applicant shall
37 provide the city, county, or city and county with evidence to
38 establish that the units meet the requirements of this paragraph.
39 All units, exclusive of any manager unit or units, shall be subject
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1 to a recorded deed restriction as provided in this paragraph for at
2 least the following periods of time:
3 (A) Fifty-five years for units that are rented. However, the local
4 government may require that the rental units in the housing
5 development project be restricted to lower income and
6 moderate -income households for a longer period of time if that
7 restriction is consistent with all applicable regulatory requirements
8 for state assistance.
9 (B) Forty-five years for units that are owner occupied. However,
10 the local government may require that owner -occupied units in
11 the housing development project be restricted to lower income and
12 moderate -income households for a longer period of time if that
13 restriction is consistent with all applicable regulatory requirements
14 for state assistance.
15 (8) The development project complies with all objective
16 development standards of the city or county that are not in conflict
17 with this section.
18 (9) If the housing development project requires the demolition
19 of existing residential dwelling units, the applicant shall comply
20 with subdivision (d) of Section 66300, as that section read as of
21 January 1, 2024.
22 (10) The applicant certifies to the local government that either
23 of the following is true for the housing development project, as
24 applicable:
25 (A) The entirety of the development project is a public work
26 for purposes of Chapter 1 (commencing with Section 1720) of Part
27 7 of Division 2 of the Labor Code.
28 (B) A development that contains more than 10 units and is not
29 in its entirety a public work for purposes of Chapter 1 (commencing
30 with Section 1720) of Part 7 of Division 2 of the Labor Code and
31 approved by a local government pursuant to Article 2 (commencing
32 with Section 65912.110) of, or Article 3 (commencing with Section
33 65912.120) of, Chapter 4.1 shall be subject to all of the following:
34 (i) All construction workers employed in the execution of the
35 development shall be paid at least the general prevailing rate of
36 per diem wages for the type of work and geographic area, as
37 determined by the Director of Industrial Relations pursuant to
38 Sections 1773 and 1773.9 of the Labor Code, except that
39 apprentices registered in programs provided by the Chief of the
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1 Division of Apprenticeship Standards may be paid at least the
2 applicable apprentice prevailing rate.
3 (ii) The development proponent shall ensure that the prevailing
4 wage requirement is included in all contracts for the performance
5 of the work for those portions of the development that are not a
6 public work.
7 (iii) All contractors and subcontractors for those portions of the
8 development that are not a public work shall comply with both of
9 the following:
10 (I) Pay to all construction workers employed in the execution
11 of the work at least the general prevailing rate of per diem wages,
12 except that apprentices registered in the programs approved by the
13 Chief of the Division of Apprenticeship Standards may be paid at
14 least the applicable apprentice prevailing rate.
15 (1I) Maintain and verify payroll records pursuant to Section
16 1776 of the Labor Code and make those records available for
17 inspection and copying as provided in that section. This
18 s4paragraph subclause does not apply if all contractors and
19 subcontractors performing work on the development are subject
20 to a project labor agreement that requires the payment of prevailing
21 wages to all construction workers employed in the execution of
22 the development and provides for enforcement of that obligation
23 through an arbitration procedure. For purposes of this
24 , subclause, "project labor agreement" has the same
25 meaning as set forth in paragraph (1) of subdivision (b) of Section
26 2500 of the Public Contract Code.
27 (c) (1) The obligation of the contractors and subcontractors to
28 pay prevailing wages pursuant to this section may be enforced by
29 any of the following:
30 (A) The Labor Commissioner, through the issuance of a civil
31 wage and penalty assessment pursuant to Section 1741 of the Labor
32 Code, that may be reviewed pursuant to Section 1742 of the Labor
33 Code, within 18 months after the completion of the development.
34 (B) An underpaid worker through an administrative complaint
35 or civil action.
36 (C) A joint labor-management committee through a civil action
37 pursuant to Section 1771.2 of the Labor Code.
38 (2) If a civil wage and penalty assessment is issued pursuant to
39 this section, the contractor, subcontractor, and surety on a bond or
40 bonds issued to secure the payment of wages covered by the
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1 assessment shall be liable for liquidated damages pursuant to
2 Section 1742.1 of the Labor Code.
3 (3) This subdivision does not apply if all contractors and
4 subcontractors performing work on the development are subject
5 to a project labor agreement that requires the payment of prevailing
6 wages to all construction workers employed in the execution of
7 the development and provides for enforcement of that obligation
8 through an arbitration procedure. For purposes of this subdivision,
9 "project labor agreement" has the same meaning as set forth in
10 paragraph (1) of subdivision (b) of Section 2500 of the Public
11 Contract Code.
12 (d) Notwithstanding subdivision (c) of Section 1773.1 of the
13 Labor Code, the requirement that employer payments not reduce
14 the obligation to pay the hourly straight time or overtime wages
15 found to be prevailing does not apply to those portions of a
16 development that are not a public work if otherwise provided in a
17 bona fide collective bargaining agreement covering the worker.
18 (e) The requirement of this section to pay at least the general
19 prevailing rate of per diem wages does not preclude use of an
20 alternative workweek schedule adopted pursuant to Section 511
21 or 514 of the Labor Code.
22 (f) In addition to the requirements of Section 65912.130, a
23 development of 50 or more housing units approved by a local
24 government pursuant to Article 2 (commencing with Section
25 65912.110) of, or Article 3 (commencing with Section 65912.120)
26 of, Chapter 4.1 shall meet all of the following labor standards:
27 (1) The development proponent shall require in contracts with
28 construction contractors and shall certify to the local government
29 that each contractor of any tier who will employ construction craft
30 employees or will lets subcontracts for at least 1,000 hours
31 shall satisfy the requirements in paragraphs (2) and (3). A
32 construction contractor is deemed in compliance with paragraphs
33 (2) and (3) if it is signatory to a valid collective bargaining
34 agreement that requires use of registered apprentices and
35 expenditures on health care for employees and dependents.
36 (2) A contractor with construction craft employees shall either
37 participate in an apprenticeship program approved by the Division
38 ofApprenticeship Standards pursuant to Section 3075 of the Labor
39 Code, or request the dispatch of apprentices from a state -approved
40 apprenticeship program under the terms and conditions set forth
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1 in Section 1777.5 of the Labor Code. A contractor without
2 construction craft employees shall show a contractual obligation
3 that its subcontractors comply with this subdivision.
4 (3) Each contractor with construction craft employees shall
5 make health care expenditures for each employee in an amount
6 per hour worked on the development equivalent to at least the
7 hourly pro rata cost of a Covered California Platinum -level plan
8 for two adults 40 years of age and two dependents 0 to 14 years
9 of age for the Covered California rating area in which the
10 development is located. A contractor without construction craft
11 employees shall show a contractual obligation that its
12 subcontractors comply with this subdivision. Qualifying
13 expenditures shall be credited toward compliance with prevailing
14 wage payment requirements set forth in Section 65912.130.
15 (4) (A) The development proponent shall provide to the local
16 government, on a monthly basis while its construction contracts
17 on the development are being performed, a report demonstrating
18 compliance with paragraphs (2) and (3). The report shall be
19 considered public records under the California Public Records Act
20 (Division 10 (commending with Section 7920.000) of Title 1), and
21 shall be open to public inspection.
22 (B) A development proponent that fails to provide the monthly
23 report shall be subject to a civil penalty for each month for which
24 the report has not been provided, in the amount of 10 percent of
25 the dollar value of construction work performed by that contractor
26 on the development in the month in question, up to a maximum
27 of ten thousand dollars ($10,000). Any contractor or subcontractor
28 that fails to comply with paragraph (2) or (3) shall be subject to a
29 civil penalty of two hundred dollars ($200) per day for each worker
30 employed in contravention of paragraph (2) or (3).
31 (C) Penalties may be assessed by the Labor Commissioner
32 within 18 months of completion of the development using the
33 procedures for issuance of civil wage and penalty assessments
34 specified in Section 1741 of the Labor Code, and may be reviewed
35 pursuant to Section 1742 of the Labor Code. Penalties shall be
36 deposited in the State Public Works Enforcement Fund established
37 pursuant to Section 1771.3 of the Labor Code.
38 (5) Each construction contractor shall maintain and verify
39 payroll records pursuant to Section 1776 of the Labor Code. Each
40 construction contractor shall submit payroll records directly to the
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1 Labor Commissioner at least monthly in a format prescribed by
2 the Labor Commissioner in accordance with subparagraph (A) of
3 paragraph (3) of subdivision (a) of Section 1771.4 of the Labor
4 Code. The records shall include a statement of fringe benefits.
5 Upon request by a joint labor-management cooperation committee
6 established pursuant to the federal Labor Management Cooperation
7 Act of 1978 (29 U.S.C. Sec. 175a), the records shall be provided
8 pursuant to subdivision (e) of Section 1776 of the Labor Code.
9 (6) All construction contractors shall report any change in
10 apprenticeship program participation or health care expenditures
11 to the local government within 10 business days, and shall reflect
12 those changes on the monthly report. The reports shall be
13 considered public records pursuant to the California Public Records
14 Act (Division 10 (commencing with Section 7920.000 of Title 1))
15 and shall be open to public inspection.
16 (7) A j oint labor-management cooperation committee established
17 pursuant to the federal Labor Management Cooperation Act of
18 1978 (29 U.S.C. Sec. 175a) shall have standing to sue a
19 construction contractor for failure to make health care expenditures
20 pursuant to paragraph (3) in accordance with
21 Section 218.7 or 218.8 of the Labor Code.
22 (g) Notwithstanding any other provision of this section, a
23 development project that is eligible for approval as a use by right
24 pursuant to this section may include the following ancillary uses,
25 provided that those uses are limited to the ground floor of the
26 development:
27 (1) In a single-family residential zone, ancillary uses shall be
28 limited to uses that provide direct services to the residents of the
29 development and have a community benefit, including childcare
30 centers and community centers.
31 (2) In all other zones, the development may include commercial
32 uses that are permitted without a conditional use permit or planned
33 unit development permit.
34 (h) Notwithstanding any other provision of this section, a
35 development project that is eligible for approval as a use by right
36 pursuant to this section may include any religious institutional
37 use, or any use that was previously existing and legally permitted
38 by the city or county on the site, if all of the following criteria are
39 met:
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1 (1) The total square footage of nonresidential space on the site
2 does not exceed the amount previously existing or permitted in a
3 conditional use permit.
4 (2) The total parking requirement for nonresidential space on
5 the site does not exceed the lesser of the amount existing or of the
6 amount required by a conditional use permit.
7 (3) The new uses abide by the same operational conditions as
8 contained in the pervious conditional use permit.
9 (-h)
10 (i) A housing development project that qualifies as a use by
11 right pursuant to subdivision (b) shall be allowed the following
12 density, as applicable:
13 (1) (A) If the development project is located in a zone that
14 allows residential uses, the development project shall be allowed
15 a density of the applicable density deemed appropriate to
16 accommodate housing for lower income households identified in
17 subparagraph (B) of paragraph (3) of subdivision (c) of Section
18 65583.2.
19 (B) If the local government allows for greater residential density
20 on that parcel, or greater residential density or building heights on
21 an adjacent parcel, than permitted in subparagraph (A), the greater
22 density or building height shall apply.
23 (C) A housing development project that is located in a zone that
24 allows residential uses shall be eligible for a density bonus or other
25 incentives or concession pursuant to Section 65915.
26 (2) (A) If the development project is located in a zone that does
27 not allow residential uses, the development project shall be allowed
28 a density of 40 units per acre and a height of one story above the
29 maximum height otherwise applicable to the parcel.
30 (B) If the local government allows for greater residential density
31 or building heights on that parcel, or an adjacent parcel, than
32 permitted in subparagraph (A), the greater density or building
33 height shall apply. A development project shall not use an
34 incentive, waiver, or concession to increase the height of the
35 development to greater than the height authorized under this
36 subparagraph.
37 (C) Except as provided in subparagraph (B) a housing
38 development project that is located in a zone that does not allow
39 residential uses shall be eligible for a density bonus or other
40 incentives or concession pursuant to Section 65915.
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1
2 6) (1) Except as provided in paragraph (2), the proposed
3 development shall provide off-street parking of up to one space
4 per unit, unless a local ordinance provides for a lower standard of
5 parking, in which case the ordinance shall apply.
6 (2) A local government shall not impose a parking requirement
7 if either of the following is true:
8 (A) The parcel is located within one-half mile walking distance
9 of public transit, either a high -quality transit corridor or a major
10 transit stop as defined in subdivision (b) of Section 21155 of the
11 Public Resources Code or a maj or transit stop as defined in Seetion
12 21064.3 of the Publ e n,...ottrees Code.
13 (B) There is a car share vehicle located within one block of the
14 parcel.
15 (j)
16 (k) (1) If the local government determines that the proposed
17 development is in conflict with any of the objective planning
18 standards specified in this section, it shall provide the development
19 proponent written documentation of which standard or standards
20 the development conflicts with, and an explanation for the reason
21 or reasons the development conflicts with that standard or
22 standards, within the following timeframes:
23 (A) Within 60 days of submittal of the development proposal
24 to the local government if the development contains 150 or fewer
25 housing units.
26 (B) Within 90 days of submittal of the development proposal
27 to the local government if the development contains more than
28 150 housing units.
29 (2) If the local government fails to provide the required
30 documentation pursuant to paragraph (1), the development shall
31 be deemed to satisfy the required objective planning standards.
32 (3) For purposes of this section, a development is consistent
33 with the objective planning standards if there is substantial
34 evidence that would allow a reasonable person to conclude that
35 the development is consistent with the objective planning standards.
36 (4) The determination of whether a proposed project submitted
37 pursuant to this section is or is not in conflict with the objective
38 planning standards is not a "project" as defined in Section 21065
39 of the Public Resources Code.
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1 (5) Design review of the development may be conducted by the
2 local government's planning commission or any equivalent board
3 or commission responsible for review and approval of development
4 projects, or the city council or board of supervisors, as appropriate.
5 That design review shall be objective and be strictly focused on
6 assessing compliance with criteria required for streamlined,
7 ministerial review of projects, as well as any reasonable objective
8 design standards published and adopted by ordinance or resolution
9 by a local jurisdiction before submittal of the development to the
10 local government, and shall be broadly applicable to developments
11 within the jurisdiction. That design review shall be completed as
12 follows and shall not in any way inhibit, chill, or preclude the
13 ministerial approval provided by this section or its effect, as
14 applicable:
15 (A) Within 90 days of submittal of the development proposal
16 to the local government pursuant to this section if the development
17 contains 150 or fewer housing units.
18 (B) Within 180 days of submittal of the development proposal
19 to the local government pursuant to this section if the development
20 contains more than 150 housing units.
21 (6) The local government shall ensure that the project satisfies
22 the requirements specified in subdivision (d) of Section 66300,
23 regardless of whether the development is within or not within an
24 affected city or within or not within an affected county.
25 (7) If the development is consistent with all objective
26 subdivision standards in the local subdivision ordinance, an
27 application for a subdivision pursuant to the Subdivision Map Act
28 (Division 2 (commencing with Section 66410)) shall be exempt
29 from the requirements of the California Environmental Quality
30 Act (Division 13 (commencing with Section 21000) of the Public
31 Resources Code).
32 (8) A local government's approval of a development pursuant
33 to this section shall, notwithstanding any other law, be subject to
34 the expiration timeframes specified in subdivision (f) of Section
35 65913.4.
36 (9) Any proposed modifications to a development project
37 approved pursuant to this section shall be undertaken pursuant to
38 subdivision (g) of Section 65913.4.
39 (10) A local government shall not adopt or impose any
40 requirement, including, but not limited to, increased fees or
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1 inclusionary housing requirements, that applies to a project solely
2 or partially on the basis that the project is eligible to receive
3 streamlined, ministerial review pursuant to this section.
4 (11) A local government shall issue a subsequent permit required
5 for a development approved under this section pursuant to
6 paragraph (2) of subdivision (h) of Section 65913.4.
7 (12) A public improvement that is necessary to implement a
8 development that is approved pursuant to this section shall be
9 undertaken pursuant to paragraph (3) of subdivision (h) of Section
10 65913.4.
11 (k-)
12 (l) The Legislature finds and declares that ensuring residential
13 development at greater density on land owned by independent
14 institutions of higher education and religious institutions is a matter
15 of statewide concern and is not a municipal affair as that term is
16 used in Section 5 of Article XI of the California Constitution.
17 Therefore, this section applies to all cities, including charter cities.
18 (m) The provisions of paragraph (3) of subdivision (/)
19 concerning health care expenditures are distinct and severable
20 from the remaining provisions of this section. However, all other
21 provisions of subdivision (f) are material and integral parts of this
22 section and are not severable. If any provision of subdivision (/),
23 exclusive of those included in paragraph (3), is held invalid, the
24 entire section shall be invalid and shall not be given effect.
25 SEC. 2. No reimbursement is required by this act pursuant to
26 Section 6 of Article XIIIB of the California Constitution because
27 a local agency or school district has the authority to levy service
28 charges, fees, or assessments sufficient to pay for the program or
29 level of service mandated by this act, within the meaning of Section
30 17556 of the Government Code.
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AMENDED IN SENATE MARCH 8, 2023
SENATE BILL
No. 44
Introduced bye Senators Umberg and Ochoa Bogh
(Principal coauthors: Senators Caballero, Portantino, Roth, and
Stern)
(Coauthors: Senators Alvarado -Gil, Archuleta, Becker, Blakespear,
Dodd, Glazer, Grove, Jones, Min, Newman, Niello, Nguyen, Seyarto,
and Wilk)
(Coauthors: Assembly Members Alanis, Bennett, Chen, Davies, Dixon,
Essayli, Gallagher Grayson, Lackey, Low, Mathis, Stephanie Nguyen,
Joe Patterson, Petrie -Norris, Quirk -Silva, Rodriguez, Blanca Rubio,
Sanchez, Ta, Villapudua, Weber, and Wood)
December 5, 2022
An act to add Section 11369 to the Health and Safety Code, relating
to controlled substances.
LEGISLATIVE COUNSEL'S DIGEST
SB 44, as amended, Umberg. Controlled substances.
Existing law makes it a crime to possess for sale or purchase for
purpose of sale, transport, import, sell, furnish, administer, give away,
manufacture, compound, convert, produce, derive, process, or prepare
various controlled substances, including, among others, fentanyl, peyote,
and various other opiates and narcotics.
This44H bill, Alexandra's Law, would require the court to advise a
person who is convicted of, or who pleads guilty or no contest to, the
above erimes to reeeive a written adviso crimes, as specified, of the
danger of selling
or administering illicit drugs and counterfeit pills and that, if a person
dies as a result of that action, the _...anuf ,.t.•. er or disc ibu defendant
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can be charged with homicide. The
bill would require the court to read the advisory statement in a case in
which the defendant exchanged a controlled substance containing
fentanyl or its analogs for anything else of value, as specified The bill
would require the advisory statement to be included in a plea form, if
used, and specified on the record. The bill would require that the fact
the advisory was given be o the reea-a a recorded -on in the abstract
of�r. conviction and would prohibit the advisementfrom being
used as evidence in the prosecution of a minor in juvenile court.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. Section 11369 is added to the Health and Safety
2 Code, to read:
3 11369. (a) This section shall be known, and may be cited, as
4 Alexandra's Law.
5 (b) The court shall advise a person who is convicted of, or who
6 pleads guilty or no contest to, a violation of Section 11351,E
7 11352 for transporting, importing, selling, or administering a
8 controlled substance, offering to transport, import, sell, or
9 administer a controlled substance, or attempting to transport,
10 import, sell, or administer a controlled substance, or�Q
11 11379.6, where the substance contained fentanyl or a fentanyl
12 analog, of the following:
13
14 "
15 dis�tion of eontrolled substanees,either -real or eouarteneit,
16 infliets a gfave health risk to those who ingest or are ex-pos
17 them. it is extremely dangerotts to human life to manuftteture o
18 distribute real or eounterfeit eontrolled sttbstanees. if yott do so,
19 and a person dies as a result of 4tal aetion,
20 with voittntary tnansl&ughter or tnurder."
21
22
23 "You are hereby advised that all illicit drugs and counterfeit
24 pills are dangerous to human life and become even deadlier when
25 they are, sometimes unknowingly, mixed with substances such as
26 fentanyl and analogs of fentanyl. People can and have died from
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these substances, even in very small doses. It is extremely
dangerous and deadly to human life to sell or administer drugs,
in any form, when not lawfully authorized to do so. If you do so
in the future and a person dies as a result of that action, you may
be charged with homicide, up to and including the crime of murder,
within the meaning of Section 187 of the Penal Code."
The court shall additionally read the advisory statement in a
case in which the person exchanged a controlled substance
containing fentanyl or its analogs for anything else of value except
when the controlled substance containing fentanyl or its analogs
is exchanged for a controlled substance or alcohol.
(c) The advisory statement shall be provided to the defendaw
in writing, either on the PF!ea form ar after setiteneing, included
in a plea form, if used, or the fact that the advisory was given shall
be specified on the zeeo and reeorded in the abstTaet of the
fir. record.
(d) The fact that the advisory was given shall be recorded in
the abstract of the conviction.
(e) This advisement may not be used as evidence in the
prosecution of a minor in juvenile court.
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SENATE BILL
No. 423
Introduced by Senator Wiener
(Principal coauthor: Assembly Member Wicks)
(Coauthor: Assembly Member Grayson)
February 13, 2023
An act to amend Section 65913.4 of the Government Code, relating
to land use.
LEGISLATIVE COUNSEL'S DIGEST
SB 423, as introduced, Wiener. Land use: streamlined housing
approvals: multifamily housing developments.
Existing law, the Planning and Zoning Law, authorizes a development
proponent to submit an application for a multifamily housing
development that is subject to a streamlined, ministerial approval
process, as provided, and not subject to a conditional use permit, if the
development satisfies specified objective planning standards, including,
among others, that the development proponent has committed to record,
prior to the issuance of the first building permit, a land use restriction
or covenant providing that any lower or moderate -income housing units
required, as specified, remain available at affordable housing costs, as
defined, or rent to persons and families of lower or moderate -income
for no less than specified periods of time. Existing law repeals these
provisions on January 1, 2026.
This bill would authorize the Department of General Services to act
in the place of a locality or local government, at the discretion of that
department, for purposes of the ministerial, streamlined review for
development on property owned by or leased to the state. The bill would
delete the January 1, 2026, repeal date, thereby making these provisions
operative indefinitely.
Packet Pg. 125
SB 423 — 2 —
7.h
This bill would modify the above -described objective planning
standards, including by deleting the standard that prohibits a multifamily
housing development from being subject to the streamlined, ministerial
approval process if the development is located in a coastal zone, and
by providing an alternative definition for "affordable housing costs"
for a development that dedicates 100% of units, exclusive of a manager's
unit or units, to lower income households. The bill would, among other
modifications, delete the objective planning standards requiring
development proponents to pay at least the general prevailing rate of
per diem wages and utilize a skilled and trained workforce and would
instead require a development proponent to certify to the local
government that certain wage and labor standards will be met, including
a requirement that all construction workers be paid at least the general
prevailing rate of wages, as specified. The bill would require the Labor
Commissioner to enforce the obligation to pay prevailing wages. By
expanding the crime of perjury, the bill would impose a state -mandated
local program. The bill would specify that the requirements to pay
prevailing wages, use a workforce participating in an apprenticeship,
or provide health care expenditures do not apply to a project that consists
of 10 or fewer units and is not otherwise a public work.
This bill would define "objective planning standards" to exclude
specified standards, including local building codes, fire codes, other
codes requiring detailed technical specifications, and standards that are
not reasonably ascertainable by the local government within specified
time limits, as described.
Existing law requires a local government to approve a development
if the local government determines the development is consistent with
the objective planning standards. Existing law requires, if the local
government determines a submitted development is in conflict with any
of the objective planning standards, the local government to provide
the development proponent written documentation of the standards the
development conflicts with and an explanation for the conflict within
certain timelines depending on the size of the development. Existing
law, the Housing Accountability Act, prohibits a local agency from
disapproving a housing development project, as described, unless it
makes specified written findings.
This bill would instead require approval if a local government's
planning director or any equivalent local government staff, including
all relevant planning and permitting departments, determines the
development is consistent with the objective planning standards. The
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7.h
bill would make conforming changes. The bill would prohibit a local
government from requiring a development proponent to provide
consultant studies, as described, or other studies or materials that are
unnecessary to ascertain consistency with the objective planning
standards.
The bill would, for purposes of these provisions, establish that the
total number of units in a development includes (1) all projects
developed on a site, regardless of when those developments occur, and
(2) all projects developed on sites adjacent to a site developed pursuant
to these provisions if, after January 1, 2023, the adjacent site had been
subdivided from the site developed pursuant to these provisions.
Existing law authorizes the local government's planning commission
or any equivalent board or commission responsible for review and
approval of development projects, or as otherwise specified, to conduct
any design review or public oversight of the development.
This bill would remove the above -described authorization to conduct
public oversight of the development and would only authorize design
review to be conducted by the local government's planning commission
or any equivalent board or commission responsible for design review.
By imposing additional duties on local officials, the bill would impose
a state -mandated local program.
The bill would include findings that changes proposed by this bill
address a matter of statewide concern rather than a municipal affair
and, therefore, apply to all cities, including charter cities.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act
for specified reasons.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. The Legislature finds and declares that it has
2 provided reforms and incentives to facilitate and expedite the
3 construction of affordable housing. Those reforms and incentives
4 can be found in the following provisions:
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1 (a) Housing element law (Article 10.6 (commencing with
2 Section 65580) of Chapter 3 of Division 1 of Title 7 of the
3 Government Code).
4 (b) Extension of statute of limitations in actions challenging the
5 housing element and brought in support of affordable housing
6 (subdivision (d) of Section 65009 of the Government Code).
7 (c) Restrictions on disapproval of housing developments
8 (Section 65589.5 of the Government Code).
9 (d) Priority for affordable housing in the allocation of water and
10 sewer hookups (Section 65589.7 of the Government Code).
11 (e) Least cost zoning law (Section 65913.1 of the Government
12 Code).
13 (f) Density Bonus Law (Section 65915 of the Government
14 Code).
15 (g) Accessory dwelling units (Sections 65852.150 and 65852.2
16 of the Government Code).
17 (h) By -right housing, in which certain multifamily housing is
18 designated a permitted use (Section 65589.4 of the Government
19 Code).
20 (i) No -net -loss -in zoning density law limiting downzonings and
21 density reductions (Section 65863 of the Government Code).
22 0) Requiring persons who sue to halt affordable housing to pay
23 attorney's fees (Section 65914 of the Government Code) or post
24 a bond (Section 529.2 of the Code of Civil Procedure).
25 (k) Reduced time for action on affordable housing applications
26 under the approval of development permits process (Article 5
27 (commencing with Section 65950) of Chapter 4.5 of Division 1
28 of Title 7 of the Government Code).
29 (� Limiting moratoriums on multifamily housing (Section 65858
30 of the Government Code).
31 (m) Prohibiting discrimination against affordable housing
32 (Section 65008 of the Government Code).
33 (n) California Fair Employment and Housing Act (Part 2.8
34 (commencing with Section 12900) of Division 3 of Title 2 of the
35 Government Code).
36 (o) Community Redevelopment Law (Part 1 (commencing with
37 Section 33000) of Division 24 of the Health and Safety Code, and
38 in particular Sections 33334.2 and 33413 of the Health and Safety
39 Code).
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1 (p) Streamlining housing approvals during a housing shortage
2 (Section 65913.4 of the Government Code).
3 (q) Housing sustainability districts (Chapter 11 (commencing
4 with Section 66200) of Division 1 of Title 7 of the Government
5 Code).
6 (r) Streamlining agricultural employee housing development
7 approvals (Section 17021.8 of the Health and Safety Code).
8 (s) Affordable Housing and High Road Jobs Act of 2022
9 (Chapter 4.1 (commencing with Section 65912.100) of Division
10 1 of Title 7 of the Government Code).
11 SEC. 2. Section 65913.4 of the Government Code is amended
12 to read:
13 65913.4. (a) A development proponent may submit an
14 application for a development that is subject to the streamlined,
15 ministerial approval process provided by subdivision (c) and is
16 not subject to a conditional use permit or any other nonlegislative
17 discretionary approval if the development complies with
18 subdivision (b) and satisfies all of the following objective planning
19 standards:
20 (1) The development is a multifamily housing development that
21 contains two or more residential units.
22 (2) The development and the site on which it is located satisfy
23 all of the following:
24 (A) It is a legal parcel or parcels located in a city if, and only
25 if, the city boundaries include some portion of either an urbanized
26 area or urban cluster, as designated by the United States Census
27 Bureau, or, for unincorporated areas, a legal parcel or parcels
28 wholly within the boundaries of an urbanized area or urban cluster,
29 as designated by the United States Census Bureau.
30 (B) At least 75 percent of the perimeter of the site adjoins parcels
31 that are developed with urban uses. For the purposes of this section,
32 parcels that are only separated by a street or highway shall be
33 considered to be adjoined.
34 (C) (i) A site that meets the requirements of clause (ii) and
35 satisfies any of the following:
36 (I) The site is zoned for residential use or residential mixed -use
37 development.
38 (II) The site has a general plan designation that allows residential
39 use or a mix of residential and nonresidential uses.
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1 (III) The site is zoned for office or retail commercial use and
2 meets the requirements of Section 65852.24.
3 (ii) At least two-thirds of the square footage of the development
4 is designated for residential use. Additional density, floor area,
5 and units, and any other concession, incentive, or waiver of
6 development standards granted pursuant to the Density Bonus Law
7 in Section 65915 shall be included in the square footage
8 calculation. The square footage of the development shall not
9 include underground space, such as basements or underground
10 parking garages.
11 (3) (A) The development proponent has committed to record,
12 prior to the issuance of the first building permit, a land use
13 restriction or covenant providing that any lower or moderate
14 income housing units required pursuant to subparagraph (B) of
15 paragraph (4) shall remain available at affordable housing costs
16 or rent to persons and families of lower ormoderate neome
17 moderate -income for no less than the following periods of time:
18 (i) Fifty-five years for units that are rented.
19 (ii) Forty-five years for units that are owned.
20 (B) The city or county shall require the recording of covenants
21 or restrictions implementing this paragraph for each parcel or unit
22 of real property included in the development.
23 (4) The development satisfies clause (i) or (ii)
24 of subparagraph (A) and satisfies subparagraph (B) below:
25 (A) (i) For a development located in a locality that is in its sixth
26 or earlier housing element cycle, the development is located in
27 either of thefollowing:
28 (A) is loeated i
29 (I) In a locality that the department has determined is subject
30 to this subparagraph clause on the basis that the number of units
31 that have been issued building permits, as shown on the most recent
32 production report received by the department, is less than the
33 locality's share of the regional housing needs, by income category,
34 for that reporting period. A locality shall remain eligible under
35 this subparagraph subclause until the department's determination
36 for the next reporting period.
37 (II) In a locality that the department has determined is subject
38 to this clause on the basis that the locality did not adopt a housing
39 element that has been found in substantial compliance with housing
40 element law (Article 10.6 (commencing with Section 65580) of
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1 Chapter 3) by the department. A locality shall remain eligible
2 under this subclause until such time as the locality adopts a
3 housing element that has been found in substantial compliance
4 with housing element law (Article 10.6 (commencing with Section
5 65580) of Chapter 3) by the department.
6 (ii) For a development located in a locality that is in its seventh
7 or later housing element cycle, is located in a locality that the
8 department has determined is subject to this clause on the basis
9 that the locality did not adopt a housing element that has been
10 found in substantial compliance with housing element law (Article
11 10.6 (commencing with Section 65580) of Chapter 3) by the
12 department by the statutory deadline, or that the number of units
13 that have been issued buildingperm its, as shown on the most recent
14 production report received by the department, is less than the
15 locality's share of the regional housing needs, by income category,
16 for that reporting period. A locality shall remain eligible under
17 this subparagraph until the department's determination for the
18 next reporting period.
19 (B) The development is subject to a requirement mandating a
20 minimum percentage of below market rate housing based on one
21 of the following:
22 (i) The locality did not adopt a housing element pursuant to
23 Section 65588 that has been found in substantial compliance with
24 the housing element law (Article 10.6 (commencing with Section
25 65580) of Chapter 3) by the department, did not submit its latest
26 production report to the department by the time period required
27 by Section 65400, or that production report submitted to the
28 department reflects that there were fewer units of above
29 moderate -income housing issued building permits than were
30 required for the regional housing needs assessment cycle for that
31 reporting period. In addition, if the project contains more than 10
32 units of housing, the project does either of the following:
33 (1) The project dedicates a minimum of 10 percent of the total
34 number of units, before calculating any density bonus, to housing
35 affordable to households making at or below 80 percent of the area
36 median income. However, if the locality has adopted a local
37 ordinance that requires that greater than 10 percent of the units be
38 dedicated to housing affordable to households making below 80
39 percent of the area median income, that local ordinance applies.
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1 (1I) (ia) If the project is located within the San Francisco Bay
2 area, the project, in lieu of complying with subclause (I), dedicates
3 20 percent of the total number of units, before calculating any
4 density bonus, to housing affordable to households making below
5 120 percent of the area median income with the average income
6 of the units at or below 100 percent of the area median income.
7 However, a local ordinance adopted by the locality applies if it
8 requires greater than 20 percent of the units be dedicated to housing
9 affordable to households making at or below 120 percent of the
10 area median income, or requires that any of the units be dedicated
11 at a level deeper than 120 percent. In order to comply with this
12 subclause, the rent or sale price charged for units that are dedicated
13 to housing affordable to households between 80 percent and 120
14 percent of the area median income shall not exceed 30 percent of
15 the gross income of the household.
16 (ib) For purposes of this subclause, "San Francisco Bay area"
17 means the entire area within the territorial boundaries of the
18 Counties of Alameda, Contra Costa, Marin, Napa, San Mateo,
19 Santa Clara, Solano, and Sonoma, and the City and County of San
20 Francisco.
21 (ii) The locality's latest production report reflects that there
22 were fewer units of housing issued building permits affordable to
23 either very low income or low-income households by income
24 category than were required for the regional housing needs
25 assessment cycle for that reporting period, and the project seeking
26 approval dedicates 50 percent of the total number of units, before
27 calculating any density bonus, to housing affordable to households
28 making at or below 80 percent of the area median income.
29 However, if the locality has adopted a local ordinance that requires
30 that greater than 50 percent of the units be dedicated to housing
31 affordable to households making at or below 80 percent of the area
32 median income, that local ordinance applies.
33 (iii) The locality did not submit its latest production report to
34 the department by the time period required by Section 65400, or
35 if the production report reflects that there were fewer units of
36 housing affordable to both income levels described in clauses (i)
37 and (ii) that were issued building permits than were required for
38 the regional housing needs assessment cycle for that reporting
39 period, the project seeking approval may choose between utilizing
40 clause (i) or (ii).
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1 (C) (i) A development proponent that uses a unit of affordable
2 housing to satisfy the requirements of subparagraph (B) may also
3 satisfy any other local or state requirement for affordable housing,
4 including local ordinances or the Density Bonus Law in Section
5 65915, provided that the development proponent complies with
6 the applicable requirements in the state or local law. If a local
7 requirement for affordable housing requires units that are
8 restricted to households with incomes higher than the applicable
9 income limits required in subparagraph (B), then units that meet
10 the applicable income limits required in subparagraph (B) shall
11 be deemed to satisfy those local requirements for higher income
12 units.
13 (ii) A development proponent that uses a unit of affordable
14 housing to satisfy any other state or local affordability requirement
15 may also satisfy the requirements of subparagraph (B), provided
16 that the development proponent complies with applicable
17 requirements of subparagraph (B).
18 (iii) A development proponent may satisfy the affordability
19 requirements of subparagraph (B) with a unit that is restricted to
20 households with incomes lower than the applicable income limits
21 required in subparagraph (B).
22 (D) The amendments to this subdivision made by the act adding
23 this subparagraph do not constitute a change in, but are declaratory
24 of, existing law.
25 (5) The development, excluding any additional density or any
26 other concessions, incentives, or waivers of development standards
27 graWe for which the development is eligible pursuant to the
28 Density Bonus Law in Section 65915, is consistent with objective
29 zoning standards, objective subdivision standards, and objective
30 design review standards in effect at the time that the development
31 is submitted to the local government pursuant to this section, or
32 at the time a notice of intent is submitted pursuant to subdivision
33 (b), whichever occurs earlier. For purposes of this paragraph,
34 "objective zoning standards," "objective subdivision standards,"
35 and "objective design review standards" mean standards that
36 involve no personal or subjective judgment by a public official
37 and are uniformly verifiable by reference to an external and
38 uniform benchmark or criterion available and knowable by both
39 the development applicant or proponent and the public official
40 before submittal. These standards may be embodied in alternative
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1 objective land use specifications adopted by a city or county, and
2 may include, but are not limited to, housing overlay zones, specific
3 plans, inclusionary zoning ordinances, and density bonus
4 ordinances, subject to the following:
5 (A) A development shall be deemed consistent with the objective
6 zoning standards related to housing density, as applicable, if the
7 density proposed is compliant with the maximum density allowed
8 within that land use designation, notwithstanding any specified
9 maximum unit allocation that may result in fewer units of housing
10 being permitted.
11 (B) In the event that objective zoning, general plan, subdivision,
12 or design review standards are mutually inconsistent, a
13 development shall be deemed consistent with the objective zoning
14 and subdivision standards pursuant to this subdivision if the
15 development is consistent with the standards set forth in the general
16 plan.
17 (C) It is the intent of the Legislature that the objective zoning
18 standards, objective subdivision standards, and objective design
19 review standards described in this paragraph be adopted or
20 amended in compliance with the requirements of Chapter 905 of
21 the Statutes of 2004.
22 (D) The amendments to this subdivision made by the act adding
23 this subparagraph do not constitute a change in, but are declaratory
24 of, existing law.
25 (E) A project that satisfies the requirements of Section 65852.24
26 shall be deemed consistent with objective zoning standards,
27 objective design standards, and objective subdivision standards if
28 the project is consistent with the provisions of subdivision (b) of
29 Section 65852.24 and if none of the square footage in the project
30 is designated for hotel, motel, bed and breakfast inn, or other
31 transient lodging use, except for a residential hotel. For purposes
32 of this subdivision, "residential hotel" shall have the same meaning
33 as defined in Section 50519 of the Health and Safety Code.
34 (6) The development is not located on a site that is any of the
35 following:
36 ,
37 .
38 (43)
39 (A) Either prime farmland or farmland of statewide importance,
40 as defined pursuant to United States Department of Agriculture
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1 land inventory and monitoring criteria, as modified for California,
2 and designated on the maps prepared by the Farmland Mapping
3 and Monitoring Program of the Department of Conservation, or
4 land zoned or designated for agricultural protection or preservation
5 by a local ballot measure that was approved by the voters of that
6 jurisdiction.
7 {�
8 (B) Wetlands, as defined in the United States Fish and Wildlife
9 Service Manual, Part 660 FW 2 (June 21,1993).1993), unless the
10 development within the wetlands has been authorized pursuant to
11 federal or other state law.
12 �B)
13 (C) Within a very high fire hazard severity zone, as determined
14 by the Department of Forestry and Fire Protection pursuant to
15 Section 51178, or within a high or very high fire hazard severity
16 zone as indicated on maps adopted by the Department of Forestry
17 and Fire Protection pursuant to Section 4202 of the Public
18 Resources Code. This subparagraph does not apply to sites
19 excluded from the specified hazard zones by a local agency,
20 pursuant to subdivision (b) of Section 51179, or sites that have
21 adopted fire hazard mitigation measures pursuant to existing
22 building standards or state fire mitigation measures applicable to
23 the development.
24 �H
25 (D) A hazardous waste site that is listed pursuant to Section
26 65962.5 or a hazardous waste site designated by the Department
27 of Toxic Substances Control pursuant to Section 25356 of the
28 Health and Safety Code, unless either of the following apply:
29 (i) The site is an underground storage tank site that received a
30 uniform closure letter issued pursuant to subdivision (g) of Section
31 25296.10 of the Health and Safety Code based on closure criteria
32 established by the State Water Resources Control Board for
33 residential use or residential mixed uses. This section does not
34 alter or change the conditions to remove a site from the list of
35 hazardous waste sites listed pursuant to Section 65962.5.
36 (ii) The State Department of Public Health, State Water
37 Resources Control Board, Department of Toxic Substances Control,
38 or a local agency making a determination pursuant to subdivision
39 (c) of Section 25296.10 of the Health and Safety Code, has
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7.h
1 otherwise determined that the site is suitable for residential use or
2 residential mixed uses.
3 (F)
4 (E) Within a delineated earthquake fault zone as determined by
5 the State Geologist in any official maps published by the State
6 Geologist, unless the development complies with applicable seismic
7 protection building code standards adopted by the California
8 Building Standards Commission under the California Building
9 Standards Law (Part 2.5 (commencing with Section 18901) of
10 Division 13 of the Health and Safety Code), and by any local
11 building department under Chapter 12.2 (commencing with Section
12 8875) of Division 1 of Title 2.
13 f G)
14 (F) Within a special flood hazard area subject to inundation by
15 the 1 percent annual chance flood (100-year flood) as determined
16 by the Federal Emergency Management Agency in any official
17 maps published by the Federal Emergency Management Agency.
18 If a development proponent is able to satisfy all applicable federal
19 qualifying criteria in order to provide that the site satisfies this
20 subparagraph and is otherwise eligible for streamlined approval
21 under this section, a local government shall not deny the application
22 on the basis that the development proponent did not comply with
23 any additional permit requirement, standard, or action adopted by
24 that local government that is applicable to that site. A development
25 may be located on a site described in this subparagraph if either
26 of the following are met:
27 (i) The site has been subject to a Letter of Map Revision
28 prepared by the Federal Emergency Management Agency and
29 issued to the local jurisdiction.
30 (ii) The site meets Federal Emergency Management Agency
31 requirements necessary to meet minimum flood plain management
32 criteria of the National Flood Insurance Program pursuant to Part
33 59 (commencing with Section 59.1) and Part 60 (commencing
34 with Section 60.1) of Subchapter B of Chapter I of Title 44 of the
35 Code of Federal Regulations.
36 04)
37 (G) Within a regulatory floodway as determined by the Federal
38 Emergency Management Agency in any official maps published
39 by the Federal Emergency Management Agency, unless the
40 development has received a no -rise certification in accordance
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—13 — SB 423
7.h
1 with Section 60.3(d)(3) of Title 44 of the Code of Federal
2 Regulations. If a development proponent is able to satisfy all
3 applicable federal qualifying criteria in order to provide that the
4 site satisfies this subparagraph and is otherwise eligible for
5 streamlined approval under this section, a local government shall
6 not deny the application on the basis that the development
7 proponent did not comply with any additional permit requirement,
8 standard, or action adopted by that local government that is
9 applicable to that site.
10 (4)
11 (H) Lands identified for conservation in an adopted natural
12 community conservation plan pursuant to the Natural Community
13 Conservation Planning Act (Chapter 10 (commencing with Section
14 2800) of Division 3 of the Fish and Game Code), habitat
15 conservation plan pursuant to the federal Endangered Species Act
16 of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural
17 resource protection plan.
18 (4)
19 (I) Habitat for protected species identified as candidate,
20 sensitive, or species of special status by state or federal agencies,
21 fully protected species, or species protected by the federal
22 Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.),
23 the California Endangered Species Act (Chapter 1.5 (commencing
24 with Section 2050) of Division 3 of the Fish and Game Code), or
25 the Native Plant Protection Act (Chapter 10 (commencing with
26 Section 1900) of Division 2 of the Fish and Game Code). Code),
27 unless the development within the habitat has been authorized
28 pursuant to federal or other state law.
29 (K�
30 (J) Lands under conservation easement.
31 (7) The development is not located on a site where any of the
32 following apply:
33 (A) The development would require the demolition of the
34 following types of housing:
35 (i) Housing that is subject to a recorded covenant, ordinance,
36 or law that restricts rents to levels affordable to persons and
37 families of moderate, low, or very low income.
38 (ii) Housing that is subject to any form of rent or price control
39 through a public entity's valid exercise of its police power.
99
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SB 423 —14 —
7.h
1 (iii) Housing that has been occupied by tenants within the past
2 10 years.
3 (B) The site was previously used for housing that was occupied
4 by tenants that was demolished within 10 years before the
5 development proponent submits an application under this section.
6 (C) The development would require the demolition of a historic
7 structure that was placed on a national, state, or local historic
8 register.
9 (D) The property contains housing units that are occupied by
10 tenants, and units at the property are, or were, subsequently offered
11 for sale to the general public by the subdivider or subsequent owner
12 of the property.
13 ,
14 as applieablet
15 ,
16 as applieablet
17 (i) The entirety of the development is ap4lie work fiorptwposes
18
20 ,
21 all eonstmetion workers employed itt the exeeubvi, of the
22 development will be paid at least the getteral prevailing rate of pe
23 diem wages For the type of work and geographie area, as
24 determined by the Direetor of indttstrial Re! to
25 , exeept that,
26
27 of Apprentieeship Standards may be paid at least the
28
29 to this sttb ,tett for those portions of the developmett
30 that are not a pt+lie work all of the f-ollowing shall apply.!
31
32
33 of the work-.
34 (11) All eontraetors and s4eontraetors shall pay to all
35 eonstmetion workers employed itt the exeetttiott of the Work a
36 ,
37 apprentiees registered approved by the Chief o
38 Division of Apprenti may be paid at leas
39 .
99
Packet Pg. 138
—15 — SB 423
7.h
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99
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SB 423 —16 —
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—17 — SB 423
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SB 423 —18 —
7.h
1 be,
2
3 ,
4 ,
5 and either of the following apply-.
6
7
8 to the requimment that prevailing wages be paid pursttant to
9 subparagraph �k) of paragraph (8).
10 (B) The development is sttbjeet to the mquirement that,
11 ,
12 pursttant to paragraph (8-�
13 (8) Except as provided in paragraph (9), a proponent of a
14 development project approved by a local government pursuant to
15 this section shall require in contracts with construction contractors,
16 and shall certify to the local government, that the following
17 standards specified in this paragraph will be met in project
18 construction, as applicable:
19 (A) A development that is not in its entirety a public work for
20 purposes of Chapter I (commencing with Section 1720) of Part 7
21 of Division 2 of the Labor Code and approved by a local
22 government pursuant to Article 2 (commencing with Section
23 65912.110) or Article 3 (commencing with Section 65912.120)
24 shall be subject to all of the following:
25 (i) All construction workers employed in the execution of the
26 development shall be paid at least the general prevailing rate of
27 per diem wages for the type of work and geographic area, as
28 determined by the Director of Industrial Relations pursuant to
29 Sections 1773 and 1773.9 of the Labor Code, except that
30 apprentices registered in programs approved by the Chief of the
31 Division of Apprenticeship Standards may be paid at least the
32 applicable apprentice prevailing rate.
33 (ii) The development proponent shall ensure that the prevailing
34 wage requirement is included in all contracts for the performance
35 of the work for those portions of the development that are not a
36 public work.
37 (iii) All contractors and subcontractors for those portions of
38 the development that are not a public work shall comply with both
39 of the following:
99
Packet Pg. 142
—19 — SB 423
7.h
1 (I) Pay to all construction workers employed in the execution
2 of the work at least the general prevailing rate of per diem wages,
3 except that apprentices registered in programs approved by the
4 Chief of the Division of Apprenticeship Standards may be paid at
5 least the applicable apprentice prevailing rate.
6 (II) Maintain and verify payroll records pursuant to Section
7 1776 of the Labor Code and make those records available for
8 inspection and copying as provided in that section. This subclause
9 does not apply if all contractors and subcontractors performing
10 work on the development are subject to a project labor agreement
11 that requires the payment of prevailing wages to all construction
12 workers employed in the execution of the development and provides
13 for enforcement of that obligation through an arbitration
14 procedure. For purposes of this subclause, `project labor
15 agreement" has the same meaning as set forth in paragraph (1)
16 of subdivision (b) of Section 2500 of the Public Contract Code.
17 (B) (i) The obligation of the contractors and subcontractors to
18 pay prevailing wages pursuant to this paragraph may be enforced
19 by any of the following:
20 (I) The Labor Commissioner through the issuance of a civil
21 wage and penalty assessment pursuant to Section 1741 of the Labor
22 Code, which may be reviewed pursuant to Section 1742 of the
23 Labor Code, within 18 months after the completion of the
24 development.
25 (II) An underpaid worker through an administrative complaint
26 or civil action.
27 (III) A joint labor-management committee through a civil action
28 under Section 1771.2 of the Labor Code.
29 (ii) If a civil wage and penalty assessment is issued pursuant to
30 this paragraph, the contractor, subcontractor, and surety on a
31 bond or bonds issued to secure the payment of wages covered by
32 the assessment shall be liable for liquidated damages pursuant to
33 Section 1742.1 of the Labor Code.
34 (iii) This paragraph does not apply if all contractors and
35 subcontractors performing work on the development are subject
36 to a project labor agreement that requires the payment of
37 prevailing wages to all construction workers employed in the
38 execution of the development and provides for enforcement of that
39 obligation through an arbitration procedure. For purposes of this
40 clause, `project labor agreement" has the same meaning as set
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1 forth in paragraph (1) of subdivision (b) of Section 2500 of the
2 Public Contract Code.
3 (C) Notwithstanding subdivision (c) of Section 1773.1 of the
4 Labor Code, the requirement that employer payments not reduce
5 the obligation to pay the hourly straight time or overtime wages
6 found to be prevailing does not apply to those portions of
7 development that are not a public work if otherwise provided in a
8 bona fide collective bargaining agreement covering the worker
9 (D) The requirement of this paragraph to pay at least the
10 general prevailing rate of per diem wages does not preclude use
11 of an alternative workweek schedule adopted pursuant to Section
12 511 or 514 of the Labor Code.
13 (E) A development of 50 or more housing units approved by a
14 local government pursuant to this section shall meet all of the
15 following labor standards:
16 (i) The development proponent shall require in contracts with
17 construction contractors and shall certify to the local government
18 that each contractor of any tier who will employ construction craft
19 employees or will let subcontracts for at least 1, 000 hours shall
20 satisfy the requirements in clauses (ii) and (iii). A construction
21 contractor is deemed in compliance with clauses (ii) and (iii) if it
22 is signatory to a valid collective bargaining agreement that
23 requires utilization of registered apprentices and expenditures on
24 health care for employees and dependents.
25 (ii) A contractor with construction craft employees shall either
26 participate in an apprenticeship program approved by the
27 California Division of Apprenticeship Standards pursuant to
28 Section 3075 of the Labor Code, or request the dispatch of
29 apprentices from a state -approved apprenticeship program under
30 the terms and conditions set forth in Section 1777.5 of the Labor
31 Code. A contractor without construction craft employees shall
32 show a contractual obligation that its subcontractors comply with
33 this clause.
34 (iii) Each contractor with construction craft employees shall
35 make health care expenditures for each employee in an amount
36 per hour worked on the development equivalent to at least the
37 hourly pro rata cost of a Covered California Platinum level plan
38 for two adults 40 years of age and two dependents 0 to 14 years
39 of age for the Covered California rating area in which the
40 development is located. A contractor without construction craft
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1 employees shall show a contractual obligation that its
2 subcontractors comply with this clause. Qualifying expenditures
3 shall be credited toward compliance with prevailing wage payment
4 requirements set forth in this paragraph.
5 (iv) (1) The development proponent shall provide to the local
6 government, on a monthly basis while its construction contracts
7 on the development are being performed, a report demonstrating
8 compliance with clauses (ii) and (iii). The reports shall be
9 considered public records under the California Public Records
10 Act (Division 10 (commencing with Section 7920.000) of Title 1),
11 and shall be open to public inspection.
12 (1I) A development proponent that fails to provide the monthly
13 report shall be subject to a civil penalty for each month for which
14 the report has not been provided, in the amount of 10 percent of
15 the dollar value of construction workperformed by that contractor
16 on the development in the month in question, up to a maximum of
17 ten thousand dollars ($10, 000). Any contractor or subcontractor
18 that fails to comply with clauses (ii) and (iii) shall be subject to a
19 civil penalty of two hundred dollars ($200) per day for each worker
20 employed in contravention of clauses (ii) and (iii).
21 (111) Penalties may be assessed by the Labor Commissioner
22 within 18 months of completion of the development using the
23 procedures for issuance of civil wage and penalty assessments
24 specified in Section 1741 of the Labor Code, and may be reviewed
25 pursuant to Section 1742 of the Labor Code. Penalties shall be
26 deposited in the State Public Works Enforcement Fund established
27 pursuant to Section 1771.3 of the Labor Code.
28 (v) Each construction contractor shall maintain and verb
29 payroll records pursuant to Section 1776 of the Labor Code. Each
30 construction contractor shall submit payroll records directly to
31 the Labor Commissioner at least monthly in a format prescribed
32 by the Labor Commissioner in accordance with subparagraph (A)
33 of paragraph (3) of subdivision (a) of Section 1771.4 of the Labor
34 Code. The records shall include a statement of fringe benefits.
35 Upon request by a joint labor-management cooperation committee
36 established pursuant to the Federal Labor Management
37 Cooperation Act of 1978 (29 U.S.C. Sec. 175a), the records shall
38 be provided pursuant to subdivision (e) of Section 1776 of the
39 Labor Code.
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1 (vi) All construction contractors shall report any change in
2 apprenticeship program participation or health care expenditures
3 to the local government within 10 business days, and shall reflect
4 those changes on the monthly report. The reports shall be
5 considered public records pursuant to the California Public
6 Records Act (Division 10 (commencing with Section 7920.000) of
7 Title 1) and shall be open to public inspection.
8 (vii) A joint labor-management cooperation committee
9 established pursuant to the Federal Labor Management
10 Cooperation Act of 1978 (29 U.S.C. Sec. 175a) shall have standing
11 to sue a construction contractor for failure to make health care
12 expenditures pursuant to clause (iii) in accordance with Section
13 218.7 or 218.8 of the Labor Code.
14 (9) Notwithstanding paragraph (8), a development that is subject
15 to approval pursuant to this section is exemptfrom any requirement
16 to pay prevailing wages, use a workforce participating in an
17 apprenticeship, or provide health care expenditures if it satisfies
18 both of the following:
19 (A) The project consists of 10 or fewer units.
20 (B) The project is not a public work for purposes of Chapter 1
21 (commencing with Section 1720) of Part 7 of Division 2 of the
22 Labor Code.
23 (10) The development shall not be upon an existing parcel of
24 land or site that is governed under the Mobilehome Residency Law
25 (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2
26 of Division 2 of the Civil Code), the Recreational Vehicle Park
27 Occupancy Law (Chapter 2.6 (commencing with Section 799.20)
28 of Title 2 of Part 2 of Division 2 of the Civil Code), the
29 Mobilehome Parks Act (Part 2.1 (commencing with Section 18200)
30 of Division 13 of the Health and Safety Code), or the Special
31 Occupancy Parks Act (Part 2.3 (commencing with Section 18860)
32 of Division 13 of the Health and Safety Code).
33 (b) (1) (A) (i) Before submitting an application for a
34 development subject to the streamlined, ministerial approval
35 process described in subdivision (c), the development proponent
36 shall submit to the local government a notice of its intent to submit
37 an application. The notice of intent shall be in the form of a
38 preliminary application that includes all of the information
39 described in Section 65941.1, as that section read on January 1,
40 2020.
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1 (ii) Upon receipt of a notice of intent to submit an application
2 described in clause (i), the local government shall engage in a
3 scoping consultation regarding the proposed development with
4 any California Native American tribe that is traditionally and
5 culturally affiliated with the geographic area, as described in
6 Section 21080.3.1 of the Public Resources Code, of the proposed
7 development. In order to expedite compliance with this subdivision,
8 the local government shall contact the Native American Heritage
9 Commission for assistance in identifying any California Native
10 American tribe that is traditionally and culturally affiliated with
11 the geographic area of the proposed development.
12 (iii) The timeline for noticing and commencing a scoping
13 consultation in accordance with this subdivision shall be as follows:
14 (I) The local government shall provide a formal notice of a
15 development proponent's notice of intent to submit an application
16 described in clause (i) to each California Native American tribe
17 that is traditionally and culturally affiliated with the geographic
18 area of the proposed development within 30 days of receiving that
19 notice of intent. The formal notice provided pursuant to this
20 subclause shall include all of the following:
21 (ia) A description of the proposed development.
22 (ib) The location of the proposed development.
23 (ic) An invitation to engage in a scoping consultation in
24 accordance with this subdivision.
25 (11) Each California Native American tribe that receives a formal
26 notice pursuant to this clause shall have 30 days from the receipt
27 of that notice to accept the invitation to engage in a scoping
28 consultation.
29 (III) If the local government receives a response accepting an
30 invitation to engage in a scoping consultation pursuant to this
31 subdivision, the local government shall commence the scoping
32 consultation within 30 days of receiving that response.
33 (B) The scoping consultation shall recognize that California
34 Native American tribes traditionally and culturally affiliated with
35 a geographic area have knowledge and expertise concerning the
36 resources at issue and shall take into account the cultural
37 significance of the resource to the culturally affiliated California
38 Native American tribe.
39 (C) The parties to a scoping consultation conducted pursuant
40 to this subdivision shall be the local government and any California
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1 Native American tribe traditionally and culturally affiliated with
2 the geographic area of the proposed development. More than one
3 California Native American tribe traditionally and culturally
4 affiliated with the geographic area of the proposed development
5 may participate in the scoping consultation. However, the local
6 government, upon the request of any California Native American
7 tribe traditionally and culturally affiliated with the geographic area
8 of the proposed development, shall engage in a separate scoping
9 consultation with that California Native American tribe. The
10 development proponent and its consultants may participate in a
11 scoping consultation process conducted pursuant to this subdivision
12 if all of the following conditions are met:
13 (i) The development proponent and its consultants agree to
14 respect the principles set forth in this subdivision.
15 (ii) The development proponent and its consultants engage in
16 the scoping consultation in good faith.
17 (iii) The California Native American tribe participating in the
18 scoping consultation approves the participation of the development
19 proponent and its consultants. The California Native American
20 tribe may rescind its approval at any time during the scoping
21 consultation, either for the duration of the scoping consultation or
22 with respect to any particular meeting or discussion held as part
23 of the scoping consultation.
24 (D) The participants to a scoping consultation pursuant to this
25 subdivision shall comply with all of the following confidentiality
26 requirements:
27 (i) Section 7927.000.
28 (ii) Section 7927.005.
29 (iii) Subdivision (c) of Section 21082.3 of the Public Resources
30 Code.
31 (iv) Subdivision (d) of Section 15120 of Title 14 of the
32 California Code of Regulations.
33 (v) Any additional confidentiality standards adopted by the
34 California Native American tribe participating in the scoping
35 consultation.
36 (E) The California Environmental Quality Act (Division 13
37 (commencing with Section 21000) of the Public Resources Code)
38 shall not apply to a scoping consultation conducted pursuant to
39 this subdivision.
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1 (2) (A) If, after concluding the scoping consultation, the parties
2 find that no potential tribal cultural resource would be affected by
3 the proposed development, the development proponent may submit
4 an application for the proposed development that is subject to the
5 streamlined, ministerial approval process described in subdivision
6 (c).
7 (B) If, after concluding the scoping consultation, the parties
8 find that a potential tribal cultural resource could be affected by
9 the proposed development and an enforceable agreement is
10 documented between the California Native American tribe and the
11 local government on methods, measures, and conditions for tribal
12 cultural resource treatment, the development proponent may submit
13 the application for a development subject to the streamlined,
14 ministerial approval process described in subdivision (c). The local
15 government shall ensure that the enforceable agreement is included
16 in the requirements and conditions for the proposed development.
17 (C) If, after concluding the scoping consultation, the parties
18 find that a potential tribal cultural resource could be affected by
19 the proposed development and an enforceable agreement is not
20 documented between the California Native American tribe and the
21 local government regarding methods, measures, and conditions
22 for tribal cultural resource treatment, the development shall not
23 be eligible for the streamlined, ministerial approval process
24 described in subdivision (c).
25 (D) For purposes of this paragraph, a scoping consultation shall
26 be deemed to be concluded if either of the following occur:
27 (i) The parties to the scoping consultation document an
28 enforceable agreement concerning methods, measures, and
29 conditions to avoid or address potential impacts to tribal cultural
30 resources that are or may be present.
31 (ii) One or more parties to the scoping consultation, acting in
32 good faith and after reasonable effort, conclude that a mutual
33 agreement on methods, measures, and conditions to avoid or
34 address impacts to tribal cultural resources that are or may be
35 present cannot be reached.
36 (E) If the development or environmental setting substantially
37 changes after the completion of the scoping consultation, the local
38 government shall notify the California Native American tribe of
39 the changes and engage in a subsequent scoping consultation if
40 requested by the California Native American tribe.
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1 (3) A local government may only accept an application for
2 streamlined, ministerial approval pursuant to this section if one of
3 the following applies:
4 (A) A California Native American tribe that received a formal
5 notice of the development proponent's notice of intent to submit
6 an application pursuant to subclause (I) of clause (iii) of
7 subparagraph (A) of paragraph (1) did not accept the invitation to
8 engage in a scoping consultation.
9 (B) The California Native American tribe accepted an invitation
10 to engage in a scoping consultation pursuant to subclause (II) of
11 clause (iii) of subparagraph (A) of paragraph (1) but substantially
12 failed to engage in the scoping consultation after repeated
13 documented attempts by the local government to engage the
14 California Native American tribe.
15 (C) The parties to a scoping consultation pursuant to this
16 subdivision find that no potential tribal cultural resource will be
17 affected by the proposed development pursuant to subparagraph
18 (A) of paragraph (2).
19 (D) A scoping consultation between a California Native
20 American tribe and the local government has occurred in
21 accordance with this subdivision and resulted in agreement
22 pursuant to subparagraph (B) of paragraph (2).
23 (4) A project shall not be eligible for the streamlined, ministerial
24 process described in subdivision (c) if any of the following apply:
25 (A) There is a tribal cultural resource that is on a national, state,
26 tribal, or local historic register list located on the site of the project.
27 (B) There is a potential tribal cultural resource that could be
28 affected by the proposed development and the parties to a scoping
29 consultation conducted pursuant to this subdivision do not
30 document an enforceable agreement on methods, measures, and
31 conditions for tribal cultural resource treatment, as described in
32 subparagraph (C) of paragraph (2).
33 (C) The parties to a scoping consultation conducted pursuant
34 to this subdivision do not agree as to whether a potential tribal
35 cultural resource will be affected by the proposed development.
36 (5) (A) If, after a scoping consultation conducted pursuant to
37 this subdivision, a project is not eligible for the streamlined,
38 ministerial process described in subdivision (c) for any or all of
39 the following reasons, the local government shall provide written
40 documentation of that fact, and an explanation of the reason for
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1 which the project is not eligible, to the development proponent
2 and to any California Native American tribe that is a party to that
3 scoping consultation:
4 (i) There is a tribal cultural resource that is on a national, state,
5 tribal, or local historic register list located on the site of the project,
6 as described in subparagraph (A) of paragraph (4).
7 (ii) The parties to the scoping consultation have not documented
8 an enforceable agreement on methods, measures, and conditions
9 for tribal cultural resource treatment, as described in subparagraph
10 (C) of paragraph (2) and subparagraph (B) of paragraph (4).
11 (iii) The parties to the scoping consultation do not agree as to
12 whether a potential tribal cultural resource will be affected by the
13 proposed development, as described in subparagraph (C) of
14 paragraph (4).
15 (B) The written documentation provided to a development
16 proponent pursuant to this paragraph shall include information on
17 how the development proponent may seek a conditional use permit
18 or other discretionary approval of the development from the local
19 government.
20 (6) This section is not intended, and shall not be construed, to
21 limit consultation and discussion between a local government and
22 a California Native American tribe pursuant to other applicable
23 law, confidentiality provisions under other applicable law, the
24 protection of religious exercise to the fullest extent permitted under
25 state and federal law, or the ability of a California Native American
26 tribe to submit information to the local government or participate
27 in any process of the local government.
28 (7) For purposes of this subdivision:
29 (A) "Consultation" means the meaningful and timely process
30 of seeking, discussing, and considering carefully the views of
31 others, in a manner that is cognizant of all parties' cultural values
32 and, where feasible, seeking agreement. Consultation between
33 local governments and Native American tribes shall be conducted
34 in a way that is mutually respectful of each parry's sovereignty.
35 Consultation shall also recognize the tribes' potential needs for
36 confidentiality with respect to places that have traditional tribal
37 cultural importance. A lead agency shall consult the tribal
38 consultation best practices described in the "State of California
39 Tribal Consultation Guidelines: Supplement to the General Plan
40 Guidelines" prepared by the Office of Planning and Research.
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1 (B) "Scoping" means the act of participating in early discussions
2 or investigations between the local government and California
3 Native American tribe, and the development proponent if
4 authorized by the California Native American tribe, regarding the
5 potential effects a proposed development could have on a potential
6 tribal cultural resource, as defined in Section 21074 of the Public
7 Resources Code, or California Native American tribe, as defined
8 in Section 21073 of the Public Resources Code.
9 (8) This subdivision shall not apply to any project that has been
10 approved under the streamlined, ministerial approval process
11 provided under this section before the effective date of the act
12 adding this subdivision.
13 (c) (1) If a local govemmet government's planning director
14 or any equivalent local government staff, including all relevant
15 planning and permitting departments, determines that a
16 development submitted pursuant to this section is consistent with
17 the objective planning standards specified in subdivision (a) and
18 pursuant to paragraph (3) of this subdivision, it shall approve the
19 development. if a loeal govemment detertni Upon a
20 determination that a development submitted pursuant to this section
21 is in conflict with any of the objective planning standards specified
22 in subdivision (a), -it the local government staff or relevant local
23 planning and permitting department that made the determination
24 shall provide the development proponent written documentation
25 of which standard or standards the development conflicts with,
26 and an explanation for the reason or reasons the development
27 conflicts with that standard or standards, as follows:
28 (A) Within 60 days of submittal of the development to the local
29 government pursuant to this section if the development contains
30 150 or fewer housing units.
31 (B) Within 90 days of submittal of the development to the local
32 government pursuant to this section if the development contains
33 more than 150 housing units.
34 (2) If the local govemment government's planning director or
35 any equivalent local government staff fails to provide the required
36 documentation pursuant to paragraph (1), the development shall
37 be deemed to satisfy the objective planning standards specified in
38 subdivision (a).
39 (3) For purposes of this section, a development is consistent
40 with the objective planning standards specified in subdivision (a)
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1 if there is substantial evidence that would allow a reasonable person
2 to conclude that the development is consistent with the objective
3 planning standards. The local government shall not determine that
4 a development, including an application for a modification under
5 subdivision (g), is in conflict with the objective planning standards
6 on the basis that application materials are not included, if the
7 application contains substantial evidence that would allow a
8 reasonable person to conclude that the development is consistent
9 with the objective planning standards.
10 (4) For purposes of evaluating consistency with the objective
11 planning standards under this section, the local government shall
12 not require a developmentproponent to provide consultant studies
13 requiring presubmittal scope approval by the local government
14 or other studies or materials that are unnecessary to ascertain
15 consistency with the objective planning standards.
16 (d) (1) Any design reviewor publie oversig of the
17 development may be conducted by the local government's planning
18 commission or any equivalent board or commission responsible
19 for review and approval of development proj eets, or the eity eotin
20 or board of supervisors, design review. That design
21 review shall be objective and be strictly focused
22 on assessing compliance with criteria required for streamlined
23 projects, as well as any reasonable objective design standards
24 published and adopted by ordinance or resolution by a local
25 jurisdiction before submission of a development application, and
26 shall be broadly applicable to development within the jurisdiction.
27 That design reviewor publie oversigh shall be completed, and if
28 the development is consistent with all objective standards, the local
29 government shall approve the development as follows and shall
30 not in any way inhibit, chill, or preclude the ministerial approval
31 provided by this section or its effect, as applicable:
32 (A) Within 90 days of submittal of the development to the local
33 government pursuant to this section if the development contains
34 150 or fewer housing units.
35 (B) Within 180 days of submittal of the development to the
36 local government pursuant to this section if the development
37 contains more than 150 housing units.
38 (2) If the development is consistent with the requirements of
39 subparagraph (A) or (B) of paragraph (9) of subdivision (a) and
40 is consistent with all objective subdivision standards in the local
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subdivision ordinance, an application for a subdivision pursuant
to the Subdivision Map Act (Division 2 (commencing with Section
66410)) shall be exempt from the requirements of the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code) and shall be subject to the
public oversight timelines set forth in paragraph (1).
(3) If a local government determines that a development
submitted pursuant to this section is in conflict with any of the
standards imposed pursuant to paragraph (1), it shall provide the
development proponent written documentation of which objective
standard or standards the development conflicts with, and an
explanation for the reason or reasons the development conflicts
with that objective standard or standards consistent with the
timelines described in paragraph (1) of subdivision (c).
(e) (1) Notwithstanding any other law, a local government,
whether or not it has adopted an ordinance governing automobile
parking requirements in multifamily developments, shall not
impose automobile parking standards for a streamlined
development that was approved pursuant to this section 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.
(D) When there is a car share vehicle located within one block
of the development.
(2) If the development does not fall within any of the categories
described in paragraph (1), the local government shall not impose
automobile parking requirements for streamlined developments
approved pursuant to this section that exceed one parking space
per unit.
(f) (1) If a local government approves a development pursuant
to this section, then, notwithstanding any other law, that approval
shall not expire if the project satisfies both of the following
requirements:
(A) The project includes public investment in housing
affordability, beyond tax credits.
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1 (B) At least 50 percent of the units are affordable to households
2 making at or below 80 percent of the area median income.
3 (2) (A) If a local government approves a development pursuant
4 to this section, and the project does not satisfy the requirements
5 of subparagraphs (A) and (B) of paragraph (1), that approval shall
6 remain valid for three years from the date of the final action
7 establishing that approval, or if litigation is filed challenging that
8 approval, from the date of the final judgment upholding that
9 approval. Approval shall remain valid for a project provided
10 construction activity, including demolition and grading activity,
11 on the development site has begun pursuant to a permit issued by
12 the local jurisdiction and is in progress. For purposes of this
13 subdivision, "in progress" means one of the following:
14 (i) The construction has begun and has not ceased for more than
15 180 days.
16 (ii) If the development requires multiple building permits, an
17 initial phase has been completed, and the project proponent has
18 applied for and is diligently pursuing a building permit for a
19 subsequent phase, provided that once it has been issued, the
20 building permit for the subsequent phase does not lapse.
21 (B) Notwithstanding subparagraph (A), a local government may
22 grant a project a one-time, one-year extension if the project
23 proponent can provide documentation that there has been
24 significant progress toward getting the development construction
25 ready, such as filing a building permit application.
26 (3) If the development proponent requests a modification
27 pursuant to subdivision (g), then the time during which the approval
28 shall remain valid shall be extended for the number of days
29 between the submittal of a modification request and the date of its
30 final approval, plus an additional 180 days to allow time to obtain
31 a building permit. If litigation is filed relating to the modification
32 request, the time shall be further extended during the pendency of
33 the litigation. The extension required by this paragraph shall only
34 apply to the first request for a modification submitted by the
35 development proponent.
36 (4) The amendments made to this subdivision by the act that
37 added this paragraph shall also be retroactively applied to
38 developments approved prior to January 1, 2022.
39 (g) (1) (A) A development proponent may request a
40 modification to a development that has been approved under the
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1 streamlined, ministerial approval process provided in subdivision
2 (c) if that request is submitted to the local government before the
3 issuance of the final building permit required for construction of
4 the development.
5 (B) Except as provided in paragraph (3), the local government
6 shall approve a modification if it determines that the modification
7 is consistent with the objective planning standards specified in
8 subdivision (a) that were in effect when the original development
9 application was first submitted.
10 (C) The local government shall evaluate any modifications
11 requested pursuant to this subdivision for consistency with the
12 objective planning standards using the same assumptions and
13 analytical methodology that the local government originally used
14 to assess consistency for the development that was approved for
15 streamlined, ministerial approval pursuant to subdivision (c).
16 (D) A guideline that was adopted or amended by the department
17 pursuant to subdivision{ (m) after a development was approved
18 through the streamlined, ministerial approval process described in
19 subdivision (c) shall not be used as a basis to deny proposed
20 modifications.
21 (2) Upon receipt of the development proponent's application
22 requesting a modification, the local government shall determine
23 if the requested modification is consistent with the objective
24 planning standard and either approve or deny the modification
25 request within 60 days after submission of the modification, or
26 within 90 days if design review is required.
27 (3) Notwithstanding paragraph (1), the local government may
28 apply objective planning standards adopted after the development
29 application was first submitted to the requested modification in
30 any of the following instances:
31 (A) The development is revised such that the total number of
32 residential units or total square footage of construction changes
33 by 15 percent or more. The calculation of the square footage of
34 construction changes shall not include underground space.
35 (B) The development is revised such that the total number of
36 residential units or total square footage of construction changes
37 by 5 percent or more and it is necessary to subject the development
38 to an objective standard beyond those in effect when the
39 development application was submitted in order to mitigate or
40 avoid a specific, adverse impact, as that term is defined in
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1 subparagraph (A) of paragraph (1) of subdivision 0) of Section
2 65589.5, upon the public health or safety and there is no feasible
3 alternative method to satisfactorily mitigate or avoid the adverse
4 impact. The calculation of the square footage of construction
5 changes shall not include underground space.
6 (C) (i) Objective building standards contained in the California
7 Building Standards Code (Title 24 of the California Code of
8 Regulations), including, but not limited to, building plumbing,
9 electrical, fire, and grading codes, may be applied to all
10 modification applications that are submitted prior to the first
11 building permit application. Those standards may be applied to
12 modification applications submitted after the first building permit
13 application if agreed to by the development proponent.
14 (ii) The amendments made to clause (i) by the act that added
15 clause (i) shall also be retroactively applied to modification
16 applications submitted prior to January 1, 2022.
17 (4) The local government's review of a modification request
18 pursuant to this subdivision shall be strictly limited to determining
19 whether the modification, including any modification to previously
20 approved density bonus concessions or waivers, modify the
21 development's consistency with the objective planning standards
22 and shall not reconsider prior determinations that are not affected
23 by the modification.
24 (h) (1) A local government shall not adopt or impose any
25 requirement, including, but not limited to, increased fees or
26 inclusionary housing requirements, that applies to a project solely
27 or partially on the basis that the project is eligible to receive
28 ministerial or streamlined approval pursuant to this section.
29 (2) (A) A local government shall issue a subsequent permit
30 required for a development approved under this section if the
31 application substantially complies with the development as it was
32 approved pursuant to subdivision (c). Upon receipt of an
33 application for a subsequent permit, the local government shall
34 process the permit without unreasonable delay and shall not impose
35 any procedure or requirement that is not imposed on projects that
36 are not approved pursuant to this section. The local government
37 shall consider the application for subsequent permits based upon
38 the objective standards specified in any state or local laws that
39 were in effect when the original development application was
40 submitted, unless the development proponent agrees to a change
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1 in objective standards. Issuance of subsequent permits shall
2 implement the approved development, and review of the permit
3 application shall not inhibit, chill, or preclude the development.
4 For purposes of this paragraph, a "subsequent permit" means a
5 permit required subsequent to receiving approval under subdivision
6 (c), and includes, but is not limited to, demolition, grading,
7 encroachment, and building permits and final maps, if necessary.
8 (B) The amendments made to subparagraph (A) by the act that
9 added this subparagraph shall also be retroactively applied to
10 subsequent permit applications submitted prior to January 1, 2022.
11 (3) (A) If a public improvement is necessary to implement a
12 development that is subject to the streamlined, ministerial approval
13 pursuant to this section, including, but not limited to, a bicycle
14 lane, sidewalk or walkway, public transit stop, driveway, street
15 paving or overlay, a curb or gutter, a modified intersection, a street
16 sign or street light, landscape or hardscape, an above -ground or
17 underground utility connection, a water line, fire hydrant, storm
18 or sanitary sewer connection, retaining wall, and any related work,
19 and that public improvement is located on land owned by the local
20 government, to the extent that the public improvement requires
21 approval from the local government, the local government shall
22 not exercise its discretion over any approval relating to the public
23 improvement in a manner that would inhibit, chill, or preclude the
24 development.
25 (B) If an application for a public improvement described in
26 subparagraph (A) is submitted to a local government, the local
27 government shall do all of the following:
28 (i) Consider the application based upon any objective standards
29 specified in any state or local laws that were in effect when the
30 original development application was submitted.
31 (ii) Conduct its review and approval in the same manner as it
32 would evaluate the public improvement if required by a project
33 that is not eligible to receive ministerial or streamlined approval
34 pursuant to this section.
35 (C) If an application for a public improvement described in
36 subparagraph (A) is submitted to a local government, the local
37 government shall not do either of the following:
38 (i) Adopt or impose any requirement that applies to a project
39 solely or partially on the basis that the project is eligible to receive
40 ministerial or streamlined approval pursuant to this section.
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1 (ii) Unreasonably delay in its consideration, review, or approval
2 of the application.
3 (i) (1) This section shall not affect a development proponent's
4 ability to use any alternative streamlined by right permit processing
5 adopted by a local government, including the provisions of
6 subdivision (i) of Section 65583.2.
7 (2) This section shall not prevent a development from also
8 qualifying as a housing development project entitled to the
9 protections of Section 65589.5. This paragraph does not constitute
10 a change in, but is declaratory of, existing law.
11 0) The California Environmental Quality Act (Division 13
12 (commencing with Section 21000) of the Public Resources Code)
13 does not apply to actions taken by a state agency, local government,
14 or the San Francisco Bay Area Rapid Transit District to:
15 (1) Lease, convey, or encumber land owned by the local
16 government or the San Francisco Bay Area Rapid Transit District
17 or to facilitate the lease, conveyance, or encumbrance of land
18 owned by the local government, or for the lease of land owned by
19 the San Francisco Bay Area Rapid Transit District in association
20 with an eligible TOD project, as defined pursuant to Section
21 29010.1 of the Public Utilities Code, nor to any decisions
22 associated with that lease, or to provide financial assistance to a
23 development that receives streamlined approval pursuant to this
24 section that is to be used for housing for persons and families of
25 very low, low, or moderate income, as defined in Section 50093
26 of the Health and Safety Code.
27 (2) Approve improvements located on land owned by the local
28 government or the San Francisco Bay Area Rapid Transit District
29 that are necessary to implement a development that receives
30 streamlined approval pursuant to this section that is to be used for
31 housing for persons and families of very low, low, or moderate
32 income, as defined in Section 50093 of the Health and Safety Code.
33 (k) For purposes of establishing the total number of units in a
34 development under this chapter, a development or development
35 project includes both of the following:
36 (1) All projects developed on a site, regardless of when those
37 developments occur:
38 (2) All projects developed on sites adjacent to a site developed
39 pursuant to this chapter if, after January 1, 2023, the adjacent site
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1 had been subdivided from the site developed pursuant to this
2 chapter
3 (k)
4 (l) For purposes of this section, the following terms have the
5 following meanings:
6 (1) "Affordable housing cost" has the same meaning as set forth
7 in Section 50052.5 of the Health and Safety Code.
8 (2) (A) Subject to the qualification provided by subparagraph
9 fB} subparagraphs (B) and (C), "affordable rent" has the same
10 meaning as set forth in Section 50053 of the Health and Safety
11 Code.
12 (B) For a development for which an application pursuant to this
13 section was submitted prior to January 1, 2019, that includes 500
14 units or more of housing, and that dedicates 50 percent of the total
15 number of units, before calculating any density bonus, to housing
16 affordable to households making at, or below, 80 percent of the
17 area median income, affordable rent for at least 30 percent of these
18 units shall be set at an affordable rent as defined in subparagraph
19 (A) and "affordable rent" for the remainder of these units shall
20 mean a rent that is consistent with the maximum rent levels for a
21 housing development that receives an allocation of state or federal
22 low-income housing tax credits from the California Tax Credit
23 Allocation Committee.
24 (C) For a development that dedicates 100 percent of units,
25 exclusive of a manager's unit or units, to lower income households,
26 "affordable rent" shall mean a rent that is consistent with the
27 maximum rent levels stipulated by the public program providing
28 financing for the development.
29 (3) "Department" means the Department of Housing and
30 Community Development.
31 (4) "Development proponent" means the developer who submits
32 an appheation for stTeatnfined app a housing development
33 project application to a local government under the streamlined,
34 ministerial review process pursuant to this section.
35 (5) "Completed entitlements" means a housing development
36 that has received all the required land use approvals or entitlements
37 necessary for the issuance of a building permit.
38 (6) "Health care expenditures " include contributions under
39 Section 401(a), 501(c), or 501(d) of the Internal Revenue Code
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1 and payments toward "medical care," as defined in Section
2 213(d)(1) of the Internal Revenue Code.
3 (7) "Housing development project" has the same meaning as
4 in Section 65589.5.
5 (.6)
6 (8) "Locality" or "local government" means a city, including a
7 charter city, a county, including a charter county, or a city and
8 county, including a charter city and county.
9 "
10 (9) "Moderate -income housing units" means housing units with
11 an affordable housing cost or affordable rent for persons and
12 families of moderate income, as that term is defined in Section
13 50093 of the Health and Safety Code.
14 (10) "Objective planning standards" shall not include standards
15 in the California Building Standards Code (Title 24 of the
16 California Code of Regulations), local building codes, fire codes,
17 noise ordinances, other codes requiring detailed technical
18 specifications, studies that are evaluated with subsequentpermits,
19 or other standards that are not reasonably ascertainable by the
20 local government within the time limits set forth in subdivisions
21 (c) and (d). Excluded objective planning standards include, but
22 are not limited to, construction logistics plans, plumbing plans,
23 electrical plans, grading, excavation plans, geotechnical studies,
24 and offsite public improvement plans.
25 (-8-)
26 (11) "Production report" means the information reported
27 pursuant to subparagraph (H) of paragraph (2) of subdivision (a)
28 of Section 65400.
29 (-9)
30 (12) "State agency" includes every state office, officer,
31 department, division, bureau, board, and commission, but does not
32 include the California State University or the University of
33 California.
34 " means units that are priee or rent restriete
35 stteh that the wtits are affordable to hottseholds meeting
36 defittitions of vety low and lower itteome, as defined in Seet
37 .
38 (j
39 (13) "Reporting period" means either of the following:
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1 (A) The first half of the regional housing needs assessment
2 cycle.
3 (B) The last half of the regional housing needs assessment cycle.
4
5 (14) "Urban uses" means any current or former residential,
6 commercial, public institutional, transit or transportation passenger
7 facility, or retail use, or any combination of those uses.
8 (4)
9 (m) The department may review, adopt, amend, and repeal
10 guidelines to implement uniform standards or criteria that
11 supplement or clarify the terms, references, or standards set forth
12 in this section. Any guidelines or terms adopted pursuant to this
13 subdivision shall not be subject to Chapter 3.5 (commencing with
14 Section 11340) of Part 1 of Division 3 of Title 2 of the Government
15 Code.
16 fm)
17 (n) The determination of whether an application for a
18 development is subject to the streamlined ministerial approval
19 process provided by subdivision (c) is not a "project" as defined
20 in Section 21065 of the Public Resources Code.
21 (o) Notwithstanding any law, for purposes of this section and
22 for development on property owned by or leased to the state, the
23 Department of General Services may act in the place of a locality
24 or local government, at the discretion of the department.
25 (p) The provisions of clause (iii) of subparagraph (E) of
26 paragraph (8) of subdivision (a) relating to health care
27 expenditures are distinct and severable from the remaining
28 provisions of this section. However, the remaining portions of
29 paragraph (8) of subdivision (a) are a material and integral part
30 of this section and are not severable. If any provision or application
31 of paragraph (8) of subdivision (a) is held invalid, this entire
32 section shall be null and void.
33 (-a)
34 (q) It is the policy of the state that this section be interpreted
35 and implemented in a manner to afford the fullest possible weight
36 to the interest of, and the approval and provision of, increased
37 housing supply.
38 ,
39 and as 4 that date is repealed.
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1 SEC. 3. The Legislature finds and declares that ensuring access
2 to affordable housing is a matter of statewide concern and is not
3 a municipal affair as that term is used in Section 5 of Article XI
4 of the California Constitution. Therefore, Section 2 of this act
5 amending Section 65913.4 of the Government Code applies to all
6 cities, including charter cities.
7 SEC. 4. No reimbursement is required by this act pursuant to
8 Section 6 of Article XIIIB of the California Constitution because
9 a local agency or school district has the authority to levy service
10 charges, fees, or assessments sufficient to pay for the program or
11 level of service mandated by this act or because costs that may be
12 incurred by a local agency or school district will be incurred
13 because this act creates a new crime or infraction, eliminates a
14 crime or infraction, or changes the penalty for a crime or infraction,
15 within the meaning of Section 17556 of the Government Code, or
16 changes the definition of a crime within the meaning of Section 6
17 of Article XIII B of the California Constitution.
X
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