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Home My WebLink About2024-03-26 - AGENDA REPORTS - STATE LEGISLATION AB2309 AB2814 AB2943 AB3068 AB3109 AB3717 SB1211Agenda Item: 11 1. CITY OF SANTA CLARITA AGENDA REPORT CONSENT CALENDAR CITY MANAGER APPROVAL: TAA,/� DATE: March 26, 2024 SUBJECT: STATE LEGISLATION: AB 2309, AB 2814, AB 2943, AB 3068, AB 3109, AB 3171, AND SB 1211 DEPARTMENT: City Manager's Office PRESENTER: Masis Hagobian RECOMMENDED ACTION City Council: Support AB 2039 (Muratsuchi), AB 2814 (Low), AB 2934 (Zbur), AB 3109 (Muratsuchi), and AB 3171 (Soria). 2. Oppose AB 3068 (Haney) and SB 1211 (Skinner). 3. Transmit position statements to the authors of the bills, Santa Clarita's state legislative delegation, appropriate legislative committee, Governor Newsom, and other stakeholder organizations. BACKGROUND The following state legislative items were presented to the City Council Legislative Committee on March 18, 2024. Included as part of this report is a brief summary of each piece of legislation and its current status in the state legislative process. A majority of the state legislative items in this report are related to public safety and attempt to amend Proposition 47 (2014). Proposition 47 (2014) titled, "The Safe Neighborhoods and Schools Act," reduced penalties for certain property and drug offenses from felonies or wobblers, which could be charged as either a felony or misdemeanor. 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. Page 1 Packet Pg. 38 Proposition 47 (2014) was approved by voters (59.6 percent - 40.4 percent) on November 4, 2014, and went into effect on November 5, 2014. However, at the City of Santa Clarita (City) level, the measure failed with 47.19 percent in favor and 52.81 percent against. 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 Public Policy Institute of California, which had researchers testify to the State Assembly Select Committee on Retail Theft, overall felony retail theft increased by 16 percent in 2022 compared to 2019. Commercial robbery, which includes thefts in which force is used or threatened, increased by 13 percent over the same time period. Assembly Bill 2309 Introduced by Assembly Member Al Muratsuchi (D-66-Torrance), Assembly Bill 2309 removes the requirement that a city, in seeking the authority to prosecute misdemeanors, must obtain consent from their District Attorney. There are 13 cities in California that prosecute penal code misdemeanors. All 13 cities are charter cities. While some misdemeanors may be prosecuted by a city under statute, mostly health and safety matters, penal code misdemeanors can only be prosecuted with permission from the district attorney or by virtue of language in a city's charter. This legislation authorizes a city attorney of any general law or charter city to prosecute misdemeanors committed within the city they serve without needing to obtain consent from their District Attorney. On March 9, 2021, the City Council became the first local government to adopt a resolution of a vote of no confidence in District Attorney George Gascon (DA Gascon), citing significant concerns and opposition to some of the Special Directives unilaterally adopted in December 2020 by DA Gascon, including Special Directives 20-06, 20-07 and 20-08. Following the City Council's action in March 2021, more than 30 other cities have also adopted a vote of no confidence in DA Gascon, resulting in over one-third of all cities in Los Angeles County adopting a vote of no confidence in DA Gascon. The following outlines Special Directives 20-06, 20-07, and 20-08: Special Directive 20-06: Pretrial Release Policy (Elimination of Cash Bail) • Among other things, deputy district attorneys shall not request cash bail for any misdemeanor, non -serious felony, or non-violent felony offense. Deputy district attorneys shall not object to the release of anyone currently incarcerated in Los Angeles County on cash bail who would be eligible for release under this Special Directive. Page 2 Packet Pg. 39 Special Directive 20-07: Misdemeanor Case Management • The following misdemeanor charges shall be declined or dismissed before arraignment and without conditions unless "exceptions" or "factors for consideration" exist: o Trespass, Disturbing the Peace, Driving Without a Valid License, Driving on a Suspended License, Criminal Threats, Drug and Paraphernalia Possession, Minor in Possession of Alcohol, Drinking in Public, Under the Influence of Controlled Substance, Public Intoxication, Loitering, Loitering to Commit Prostitution, and Resisting Arrest • Exceptions and factors for consideration include repeat offenders in the preceding 24 months, however, some misdemeanors listed do not have exceptions or factors of consideration identified. Special Directive 20-08: Sentencing Enhancements/Allegations • The following sentence enhancements or sentencing allegations shall not be filed in any cases and shall be withdrawn in pending matters: o Any prior -strike enhancements, including the Three Strikes Law; STEP Act enhancements (also known as "gang enhancements"); violations of bail; firearm allegations; and Special Circumstances, including lying in wait and murder committed in the attempt to kidnap. o Amendments 20-08.1 and 20-08.2 were issued on December 15, 2020, and December 18, 2020, to make further clarification of Special Directive 20-08, including: ■ Deputy district attorneys may pursue the following allegations, enhancements, and alternative sentencing schemes: Hate Crime, Elder and Dependent Adult Abuse, Child Physical Abuse, Child and Adult Sexual Abuse, Human Sex Trafficking, and Financial Crime. Since issuance of the Special Directives and predominantly due to the historically high level of cases rejected by the District Attorneys' Office, there has been a significant increase in repeat offenders in Los Angeles County. Since the Special Directives were implemented, the District Attorney's Office has declined to prosecute approximately 46 percent of all cases reported by the Santa Clarita Valley Sheriff s Station. This is an estimated 35 percent increase in the rate of declined cases in comparison to the previous two district attorneys, Steve Cooley and Jackie Lacey. Subsequently, repeat offenders represent nearly one-half of all arrests made by the Santa Clarita Valley Sheriff s Station. Furthermore, Part I crimes within the jurisdiction of the Santa Clarita Valley Sheriff s Station have increased by approximately 18 percent in the last year and 35 percent in comparison to five Page 3 Packet Pg. 40 years ago. Part I crimes that have increased within the past year include aggravated assault, burglary, and grand theft auto. Assembly Bill 2309 was introduced on February 12, 2024, and referred to the Assembly Committee on Public Safety. A hearing date had not been scheduled at the time this report was developed. Assembly Bill 2814 Introduced by Assembly Member Evan Low (D-26-Campbell), Assembly Bill 2814 makes it a crime to enter the exterior of a home with the intent to steal a package and makes the crime punishable as a misdemeanor or felony. According to the United States Census Bureau, E-commerce retail sales in the country in 2023 totaled $1 trillion and accounted for approximately 15.4 percent of total sales. The growing number of retail products delivered to doorsteps has resulted in a dramatic increase in the number of thieves targeting the porches, patios, and doorsteps of online shoppers. According to SafeWise, approximately 119 million packages were stolen in 2023 in the country, accounting for $6 billion in stolen goods. Assembly Bill 2814 was introduced on February 15, 2024, and referred to the Assembly Committee on Public Safety. A hearing date had not been scheduled at the time this report was developed. Assembly Bill 2943 Introduced by Assembly Member Rich Chavez Zbur (D-51-Los Angeles), Assembly Bill 2943, also known as the California Retail Theft Reduction Act, creates a new crime of retail theft with the intent to sell, punishable for up to one year in county jail and allows for arrests of suspected shoplifters to be made even if an officer does not physically witness the crime. Assembly Bill 2942 was introduced on February 15, 2024, and referred to the Assembly Committee on Public Safety. A hearing date had not been scheduled at the time this report was developed. Assembly Bill 3068 Introduced by Assembly Member Matt Haney (D-17-San Francisco), Assembly Bill 3068 would deem an adaptive use project a use by -right, regardless of local zoning of the site, and subject to a streamlined, ministerial review process if the project meets specified requirements, as listed below. As defined in Assembly Bill 3068, an adaptaive reuse project shall meet the following criteria: • The project is proposed for an existing building that is less than 50 years old. Page 4 Packet Pg. 41 • The project is proposed for an existing building or site that is not a historic resource. • The project complies with any broadly applicable housing affordability requirement adopted by a local government. o Notwithstanding any other law, a local government shall not impose or enforce any broadly applicable housing affordability requirement on the housing units of an adaptive reuse project that requires the project to restrict more than 10 percent of retrofitted or repurposed units as affordable. 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. Assembly Bill 3068 would require the City's regular review process, which may span six to nine months, to be conducted within 60 days if the project contains fewer than 150 housing units, and 90 days if the project is larger. Projects under a streamlined ministerial review are not subject to an appeals process, public hearing, and the California Environmental Quality Act review. 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 Council opposed a similar bill, Assembly Bill 1490 (Lee), at the April 11, 2023, Regular City Council Meeting. Assembly Bill 3068 was introduced on February 16, 2024, and referred to the Assembly Committee on Housing and Community Development. A hearing date had not been scheduled at the time this report was developed. Assembly Bill 3109 Introduced by Assembly Member Al Muratsuchi (D-66-Torrance), Assembly Bill 3109 amends Proposition 47 (2014) by reinstating the ability to charge a repeat offender, convicted of petty theft, grand theft, or shoplifting two or more times, with a felony. At the local level, recent data shows repeat offenders accounted for more than one-third of all arrests made by the Santa Clarita Valley Sheriff's Station in 2023. The Santa Clarita City Council supported similar legislation, Assembly Bill 1772 (Ramos) and Senate Bill 923 (Archuleta), at the February 27, 2024, regular City Council Meeting. Page 5 Packet Pg. 42 Assembly Bill 3109 was introduced on February 16, 2024, and referred to the Assembly Committee on Public Safety. A hearing date had not been scheduled at the time this report was developed. Assembly Bill 3171 Introduced by Assembly Member Esmeralda Soria (D-27-Fresno), Assembly Bill 3171 adds a sentence enhancement for the possession with intent to sell fentanyl. This legislation would increase the penalties if the possession of fentanyl is more than 28.35 grams, as follows: • A person who possesses for sale or purchases for purposes of sale more than 28.35 grams of fentanyl shall be punished by imprisonment in a county jail for 4, 5, or 6 years. • A person who transports, imports into this state, sells, furnishes, administers, or gives away, or offers to transport, import into this state, sell, furnish, administer, or give away, or attempts to import into this state or transport more than 28.35 grams of fentanyl shall be punished by imprisonment in a county jail for 7, 8, or 9 years. • A person who transports more than 28.35 grams of fentanyl within the state from one county to another noncontiguous county shall be punished by imprisonment in a county jail for 7, 10, or 13 years. The opioid epidemic has become a nationwide issue affecting communities across the country, including the City of Santa Clarita. In 2021, more than 80,000 people died from a synthetic opioid-related drug overdose in the United States according to the Centers for Disease Control and Prevention. 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 2022 data from the California Department of Public Health, there were 7,385 opioid-related overdose deaths and 6,473 deaths related to fentanyl overdoses. 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 similar legislation, Assembly Bill 1804 (Patterson) and Assembly Bill 1848 (Davies), at the February 27, 2024, Regular City Council Meeting. Assembly Bill 3171 was introduced on February 16, 2024, and referred to the Assembly Committee on Public Safety. A hearing date had not been scheduled at the time this report was developed. Senate Bill 1211 Introduced by Senator Nancy Skinner (D-9-Berkeley), Senate Bill 1211 prohibits local governments from requiring the replacement of parking spaces when a carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of or conversion to an accessory dwelling unit (ADU) on a multifamily housing property. Page 6 Packet Pg. 43 Additionally, this bill would require local governments to approve a minimum of two detached ADUs and allow for the construction of detached ADUs on a multifamily housing property of up to 25 percent of the existing multifamily residential units. Under current state law, local governments are prohibited from requiring the replacement of a garage, carport, or covered parking structure when it is demolished in conjunction with the construction of or conversion to an ADU on a single-family housing property. This legislation seeks to extend the aforementioned state law to apply to multifamily housing property. Local governments have the authority to adopt minimum parking standards and impose those standards on single-family and multi -family residential developments built within their jurisdiction, as long as they are consistent with state law standards. Chapter 17.42, Residential Use Types, of the City's Municipal Code, includes the following parking standards: a. Single-family units - two enclosed parking spaces per unit b. Two-family units - two enclosed parking spaces per unit c. Studio units - one enclosed parking space per unit d. One -bedroom units - two enclosed parking spaces per unit e. Two -bedroom units - two enclosed parking spaces per unit f. Guest parking - one parking space per each two units g. Mobile home park - two spaces per unit, plus one guest per two units In addition to the City's minimum parking standards on new developments, the City reserves the authority to require additional parking as a condition of approval on renovations, remodels, or additions to an existing single-family residence. The City imposes minimum on -site parking requirements to ensure adequate and reasonable access to homes. Additionally, the standards serve as a safeguard to prevent congestion of on - street vehicle parking that may cause unsafe conditions for surrounding residents and businesses and access challenges for emergency personnel, especially in the event of an emergency evacuation. The City Council opposed similar bills in the past, including most recently opposing Assembly Bill 1308 (Quirk -Silva) and Assembly Bill 1630 (Garcia) last year. Senate Bill 1211 was introduced on February 15, 2024, and is scheduled to be heard in the Senate Housing Committee on March 19, 2024. The recommendation to support AB 2039 (Muratsuchi), AB 2814 (Low), AB 2934 (Zbur), AB 3109 (Muratsuchi), and AB 3171 (Soria) is consistent with the City of Santa Clarita 2024 Executive and Legislative Platform. Specifically, Component 2 under the "State" section advises that the City Council, "Support legislative efforts to address the negative impacts of AB 109, Proposition 47, and Proposition 57 on local governments and provide local law enforcement with the appropriate tools to reduce criminal activity." The recommendation to oppose AB 3068 (Haney) and SB 1211 (Skinner) is consistent with the City of Santa Clarita 2024 Executive and Legislative Platform. Specifically, Component 1 under Page 7 Packet Pg. 44 the "State" section advises that the City Council, "Oppose legislation that would interfere with, limit or eliminate the decision -making authority of municipalities in the area of local land use." 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 2023-24 budget. ATTACHMENTS Assembly Bill 2309 - Bill Text Assembly Bill 2814 - Bill Text Assembly Bill 2943 - Bill Text Assembly Bill 3068 - Bill Text Assembly Bill 3109 - Bill Text Assembly Bill 3171 - Bill Text Senate Bill 1211 - Bill Text Page 8 Packet Pg. 45 CALIFORNIA LEGISLATURE-2023-24 REGULAR SESSION ASSEMBLY BILL No. 2309 Introduced by Assembly Member Muratsuchi February 12, 2024 An act to amend Section 41803.5 of the Government Code, to amend Section 115885 of the Health and Safety Code, and to amend Section 633.05 of the Penal Code, relating to local government. LEGISLATIVE COUNSEL'S DIGEST AB 2309, as introduced, Muratsuchi. City attorney: state law: misdemeanor. (1) Existing law authorizes the city attorney of any general law city or chartered city to, with the consent of the district attorney of that county, prosecute any misdemeanor committed within the city arising out of violation of state law, as specified. This bill would remove the above -described consent requirement and, instead, authorize the city attorney of any general law city or chartered city to prosecute any misdemeanor committed within the city arising out of violation of state law. The bill would make conforming changes. (2) Existing law makes violations of specified standards relating to public beaches by any private person a misdemeanor. Existing law requires, subject to specified limitations, a health officer, as defined, to report any violation of those standards to the district attorney, or to the city attorney if the violation occurred in that city and the city attorney is authorized by the district attorney of that county to prosecute any misdemeanor committed within the city, as specified. This bill would, instead, require a health officer to report the above -described violations to the district attorney and city attorney without the limitation described above. By increasing the reporting Packet Pg. 46 AB 2309 —2— obligations of a health officer, as specified above, the bill would impose a state -mandated local program. (3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, 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 41803.5 of the Government Code is 2 amended to read: 3 41803.5. (a) 4 The city attorney of any general law city or chartered 5 city may prosecute any misdemeanor committed 6 within the city arising out of violation of state law. This section 7 shall not be deemed to affect any of the provisions of Section 8 72193. 9 (b) In any case in which the district attorney is granted any 10 powers or access to information with regard to the prosecution of 11 misdemeanors, this grant of powers or access to information shall 12 be deemed to apply to any other officer charged with the duty of 13 prosecuting misdemeanor charges in the state, as authorized by 14 law. 15 SEC. 2. Section 115885 of the Health and Safety Code is 16 amended to read: 17 115885. (a) The health officer having jurisdiction over the 18 area in which a public beach is created shall: 19 (1) Inspect the public beach to determine whether the standards 20 established pursuant to Section 115880 are being complied with. 21 If the health officer finds any violation of the standards, 22 the health officer may restrict the use of, or close, the public beach 23 or portion thereof in which the violation occurs until the standard 24 is complied with. 25 (2) Investigate any complaint of a violation of any standard 26 established by the department pursuant to Section 115880. If the 99 Packet Pg. 47 — 3 — AB 2309 1 health officer finds any violation of the standards prescribed by 2 the department,he or she the health officer may restrict the use 3 of, or close, the public beach or portion thereof until the standard 4 is complied with. If the person who made the complaint is not 5 satisfied with the action taken by the health officer, he or she they 6 may report the violation to the department. The department shall 7 investigate the reported violation, and, if it finds that the violation 8 exists, it may restrict the use of or close the public beach or portion 9 thereof until the standard violated is complied with. 10 (3) Whenever a beach is posted, closed, or otherwise restricted 11 in accordance with Section 115915, inform the agency responsible 12 for the operation and maintenance of the public beach within 24 13 hours of the posting, closure, or restriction. 14 (4) Establish a telephone hotline to inform the public of all 15 beaches currently closed, posted, or otherwise restricted. The 16 hotline shall be updated as needed in order to convey changes in 17 public health risks. 18 (5) Report any violation of the standards established pursuant 19 to Section 115880 to the district attorney, or if the violation 20 occurred in a eity and, 21 , the eity attomey is authorized to proseettte 22 city, to a city attorney. 23 (6) In the event of a known untreated sewage release, 24 immediately test the waters adjacent to the public beach and to 25 take action pursuant to regulations established under Sections 26 115880 and 115881. 27 (7) Notwithstanding any otherProvision of law, in the event of 28 an untreated sewage release that is known to have reached 29 recreational waters adjacent to a public beach, immediately close 30 those waters until it has been determined by the local health officer 31 that the waters are in compliance with the standards established 32 pursuant to Section 115880. 33 (b) If the department is aware of an untreated sewage release 34 that has reached recreational waters adjacent to a public beach, 35 and that the local health officer has not taken action to close the 36 beach, it may take action to close those waters until the waters are 37 in compliance. 38 (c) Any duty imposed upon a local public officer or agency 39 pursuant to this section shall be mandatory only during a fiscal 40 year in which the Legislature has appropriated sufficient funds, as 99 Packet Pg. 48 AB 2309 — 4 — I determined by the State Public Health Officer, in the annual Budget 2 Act or otherwise for local agencies to cover the costs to those 3 agencies associated with the performance of these duties. The State 4 Public Health Officer shall annually, within 15 days after enactment 5 of the Budget Act, file a written statement with the Secretary of 6 the Senate and with the Chief Clerk of the Assembly memorializing 7 whether sufficient funds have been appropriated. 8 SEC. 3. Section 633.05 of the Penal Code is amended to read: 9 633.05. (a) Nothing in Section 632, 632.5, 632.6, or 632.7 10 prohibits a city attorney acting under authority of Section 41803.5 11 of the Government Code, provided 4tat authority is granted prier 12 , or any person acting pursuant to the direction 13 of one of those city attorneys acting within the scope ofer 14 their authority, from overhearing or recording any communication 15 that they could lawfully overhear or record. 16 (b) Nothing in Section 632, 632.5, 632.6, or 632.7 renders 17 inadmissible any evidence obtained by the above -named persons 18 by means of overhearing or recording any communication that 19 they could lawfully overhear or record. 20 SEC. 4. If the Commission on State Mandates determines that 21 this act contains costs mandated by the state, reimbursement to 22 local agencies and school districts for those costs shall be made 23 pursuant to Part 7 (commencing with Section 17500) of Division 24 4 of Title 2 of the Government Code. x 99 Packet Pg. 49 CALIFORNIA LEGISLATURE-2023-24 REGULAR SESSION ASSEMBLY BILL No. 2814 Introduced by Assembly Member Low February 15, 2024 An act to add Chapter 9 (commencing with Section 540) to Title 13 of Part 1 of the Penal Code, relating to crimes. LEGISLATIVE COUNSEL'S DIGEST AB 2814, as introduced, Low. Crimes: unlawful entry: intent to commit package theft. Under existing law, a person who enters a house, room, apartment, or other specified structure, with intent to commit larceny or any felony, is guilty of burglary in the first or 2nd degree, as specified. Burglary in the first degree is punishable by imprisonment in the state prison for 2, 4, or 6 years, and burglary in the 2nd degree is punishable as a misdemeanor by imprisonment in a county jail not exceeding one year, or as a felony by imprisonment in a county jail for 16 months, or 2 or 3 years. This bill would prohibit a person from entering the curtilage of a home, as defined, with the intent to commit theft of a package shipped through the mail or delivered by a public or private carrier. The bill would make a violation of that prohibition punishable as either a misdemeanor or a felony, as specified. By creating a new crime, the bill would impose a state -mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. The bill would provide that no reimbursement is required by this act for a specified reason. U Packet Pg. 50 AB 2814 —2— 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. Chapter 9 (commencing with Section 540) is 2 added to Title 13 of Part 1 of the Penal Code, to read: 3 4 CHAPTER 9. UNLAWFUL ENTRY ONTO PROPERTY 5 6 540. (a) A person shall not enter the curtilage of a home with 7 the intent to commit theft of a package shipped through the mail 8 or delivered by a public or private carrier. 9 (b) A violation of subdivision (a) is punishable by imprisonment 10 in the county jail not exceeding one year or pursuant to subdivision 11 (h) of Section 1170. 12 (c) For purposes of this section, "curtilage" means an area 13 adjacent to or in the immediate area of the home, and to which the 14 activity of home life extends, including, but not limited to, a porch, 15 doorstep, patio, stoop, driveway, hallway, or enclosed yard. 16 SEC. 2. No reimbursement is required by this act pursuant to 17 Section 6 of Article XIIIB of the California Constitution because 18 the only costs that may be incurred by a local agency or school 19 district will be incurred because this act creates a new crime or 20 infraction, eliminates a crime or infraction, or changes the penalty 21 for a crime or infraction, within the meaning of Section 17556 of 22 the Government Code, or changes the definition of a crime within 23 the meaning of Section 6 of Article XIII B of the California 24 Constitution. X 99 Packet Pg. 51 CALIFORNIA LEGISLATURE-2023-24 REGULAR SESSION ASSEMBLY BILL No. 2943 Introduced by Assembly Members Zbur and Robert Rivas February 15, 2024 An act to amend Sections 487, 836, and 853.6 of, and to add Sections 496.6 and 1203g to, the Penal Code, relating to crimes. LEGISLATIVE COUNSEL'S DIGEST AB 2943, as introduced, Zbur. Crimes: shoplifting. (1) Existing law divides theft into grand theft and petty theft. Existing law punishes petty theft as a misdemeanor while grand theft is punished as either a misdemeanor or a felony. Existing law lists specific types of theft which are grand theft and all other cases of theft as petty theft. Existing law authorizes a person to be charged with grand theft if the property taken exceeds $950 over the course of distinct but related acts. This bill would clarify that those related acts include acts committed against multiple victims or in counties other than the county of the current offense. (2) Existing law prohibits the possession or receipt of stolen property, as specified. A violation of this prohibition is punishable as either a misdemeanor or a felony, depending on the value of the property and whether the offender has certain prior convictions. This bill would make it a crime for any person to possess property unlawfully that was acquired through one or more acts of shoplifting, theft, or burglary from a retail business, if the property is not possessed for personal use and the person has intent to sell, exchange, or return the merchandise for value, or the intent to act in concert with one or more persons to sell, exchange, or return the merchandise for value, and the value of the possessed property exceeds $950. U Packet Pg. 52 AB 2943 — 2 — The bill would, for the purpose of determining the value of the property, aggregate the property with any other property possessed by the person with that intent within the prior three years and with any property possessed by another person acting in concert with the first person to sell, exchange, or return the merchandise for value, if that property was also acquired unlawfully. The bill would make this crime punishable as a misdemeanor or a felony. By creating a new crime, this bill would impose a state -mandated local program. (3) Existing law prohibits shoplifting, defined as entering a commercial establishment with intent to commit theft while that establishment is open during regular business hours, where the value of the property that is taken or intended to be taken does not exceed $950. Existing law requires an act that falls within this definition to be charged as shoplifting and not as burglary or theft. Under existing law, shoplifting is punishable as a misdemeanor, except when the defendant has prior convictions, as specified. Existing law authorizes a peace officer to make a warrantless arrest for a misdemeanor when the officer has probable cause to believe the person to be arrested has committed the misdemeanor in the officer's presence. Existing law also authorizes a private person to make an arrest for a misdemeanor committed in their presence, and requires the person to deliver the arrested person to a peace officer or magistrate. Existing law additionally authorizes a merchant to detain a person for a reasonable time and in a reasonable manner to determine if a person has unlawfully taken merchandise. Existing law authorizes a peace officer to make a warrantless arrest for specified misdemeanors relating to domestic violence, violation of a restraining order, and carrying a concealed firearm at an airport that did not occur in the officer's presence. This bill would authorize a peace officer to make a warrantless arrest for a misdemeanor shoplifting offense not committed in the officer's presence if the officer has probable cause to believe that person has committed shoplifting, as specified. (4) Existing law requires a peace officer to release upon a signed promise to appear any person arrested for a misdemeanor, unless the person demands to be taken before a magistrate. Existing law provides certain reasons a person arrested for a misdemeanor shall not be released including that the person is intoxicated or in need of medical attention, the person is unable to provide satisfactory proof of identification, or there are outstanding arrest warrants for the person. Additionally, 99 Packet Pg. 53 — 3 — AB 2943 existing law exempts from this provision persons arrested for specified crimes including domestic violence, stalking, threatening a witness, and, until January 1, 2026, organized retail theft. This bill would extend that exemption for organized retail theft until January, 2031. (5) Existing law authorizes the court to suspend a criminal sentence and make and enforce terms of probation for a period not to exceed 2 years, and in misdemeanor cases, for a period not to exceed one year. Existing law authorizes the court to make and enforce the terms of probation for specified theft cases for a period not to exceed 3 years. This bill would, for an offense of shoplifting or petty theft, authorize the court to make and enforce the terms of probation for a period not to exceed 2 years. The bill would require a court that imposes a term longer than one year to consider referring the defendant to a collaborative court or rehabilitation program that is relevant to the underlying factor or factors that led to the commission of the offense, as specified. By increasing the period of probation, this bill would impose a state -mandated local program. This bill would also state the intent of the Legislature to enact legislation to prevent the sale of unlawfully acquired products by requiring sellers of specified products to maintain a chain of custody of the products to demonstrate their lawful provenance and by addressing the use of online platforms to advertise and sell unlawfully acquired products. The bill would state the intent of the Legislature to enact legislation to require retail businesses of a certain size to periodically report specified data related to thefts and to strengthen laws to prevent stolen goods from being sold via online marketplaces. (6) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so 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. 99 Packet Pg. 54 AB 2943 —4— 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 The people of the State of California do enact as follows: SECTION 1. It is the intent of the Legislature to enact legislation to prevent the sale of unlawfully acquired products by requiring sellers of specified products to maintain chain of custody records of the products to demonstrate their lawful provenance and by addressing the use of online platforms to advertise and sell unlawfully acquired products. SEC. 2. It is the intent of the Legislature to enact legislation to require retail businesses of a certain size to periodically report specified data related to thefts suffered by the businesses while maintaining protections to ensure that no individual business is identified publicly through the reporting of the data, and to strengthen laws to prevent stolen goods from being sold via online marketplaces. SEC. 3. Section 487 of the Penal Code is amended to read: 487. Grand theft is theft committed in any of the following cases: (a) When the money, labor, real property, or personal property taken is of a value exceeding nine hundred fifty dollars ($950), except as provided in subdivision (b). (b) Notwithstanding subdivision (a), grand theft is committed in any of the following cases: (1) (A) When domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops are taken of a value exceeding two hundred fifty dollars ($250). (B) For the purposes of establishing that the value of domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops under this paragraph exceeds two hundred fifty dollars ($250), that value may be shown by the presentation of credible evidence which establishes that on the day of the theft domestic fowls, avocados, olives, citrus or deciduous fruits, other fruits, vegetables, nuts, artichokes, or other farm crops of the same variety and weight exceeded two hundred fifty dollars ($250) in wholesale value. (2) When fish, shellfish, mollusks, crustaceans, kelp, algae, or other aquacultural products are taken from a commercial or research operation which is producing that product, of a value exceeding two hundred fifty dollars ($250). 99 Packet Pg. 55 — 5 — AB 2943 1 (3) Where the money, labor, real property, or personal property 2 is taken by a servant, agent, or employee from their principal or 3 employer and aggregates nine hundred fifty dollars ($950) or more 4 in any 12 consecutive month period. 5 (c) When the property is taken from the person of another. 6 (d) When the property taken is any of the following: 7 (1) An automobile. 8 (2) A firearm. 9 (e) If the value of the money, labor, real property, or personal 10 property taken exceeds nine hundred fifty dollars ($950) over the 11 course of distinct but related acts, including acts committed against 12 multiple victims or in counties other than the county of the current 13 offense, the value of the money, labor, real property, or personal 14 property taken may properly be aggregated to charge a count of 15 grand theft, if the acts are motivated by one intention, one general 16 impulse, and one plan. 17 SEC. 4. Section 496.6 is added to the Penal Code, to read: 18 496.6. (a) Any person who possesses property unlawfully that 19 was acquired through one or more acts of shoplifting, theft, or 20 burglary from a retail business, whether or not the person 21 committed the act of shoplifting, theft, or burglary, is guilty of the 22 unlawful deprivation of a retail business opportunity when all of 23 the following apply: 24 (1) The property is not possessed for personal use and the person 25 has the intent to sell, exchange, or return the merchandise for value, 26 or the intent to act in concert with one or more persons to sell, 27 exchange, or return the merchandise for value. 28 (2) The value of the possessed property exceeds nine hundred 29 fifty dollars ($950). For purposes of determining the value of the 30 property, the property described in paragraph (1) can be considered 31 in the aggregate with any of the following: 32 (A) Any other such property possessed by the person with such 33 intent within the prior three years. 34 (B) Any property possessed by another person acting in concert 35 with the first person to sell, exchange, or return the merchandise 36 for value, when such property was acquired through one or more 37 acts of shoplifting, theft, or burglary from a retail business, 38 regardless of the identity of the person committing the act of 39 shoplifting, theft, or burglary. 99 Packet Pg. 56 AB 2943 1 (b) For the purpose of determining in any proceeding whether 2 the defendant has the intent to sell, exchange, or return the 3 merchandise for value, the trier of fact may consider any competent 4 evidence, including, but not limited to, the following: 5 (1) Whether the defendant has in the prior three years sold, 6 exchanged, or returned for value merchandise acquired through 7 shoplifting, theft, or burglary from a retail business, or through 8 any related offense, including any conduct that occurred in other 9 jurisdictions, if relevant to demonstrate a fact other than the 10 defendant's disposition to commit the act, as provided by 11 subdivision (b) of Section 1101 of the Evidence Code. 12 (2) The property involved in the offense is of a type or quantity 13 that would not normally be purchased for personal use or 14 consumption, including use or consumption by one's immediate 15 family. 16 (c) The criminal deprivation of a retail business opportunity is 17 punishable by imprisonment in the county jail for up to one year 18 or pursuant to subdivision (h) of Section 1170. 19 SEC. 5. Section 836 of the Penal Code is amended to read: 20 836. (a) A peace officer may arrest a person in obedience to 21 a warrant, or, pursuant to the authority granted to him or he-- by 22 Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, 23 without a warrant, may arrest a person whenever any of the 24 following circumstances occur: 25 (1) The officer has probable cause to believe that the person to 26 be arrested has committed a public offense in the officer's presence. 27 (2) The person arrested has committed a felony, although not 28 in the officer's presence. 29 (3) The officer has probable cause to believe that the person to 30 be arrested has committed a felony, whether or not a felony, in 31 fact, has been committed. 32 (b) Any time a peace officer is called out on a domestic violence 33 call, it shall be mandatory that the officer make a good faith effort 34 to inform the victim of their right to make a citizen's 35 arrest, unless the peace officer makes an arrest for a violation of 36 paragraph (1) of subdivision (e) of Section 243 or 273.5. This 37 information shall include advising the victim how to safely execute 38 the arrest. 39 (c) (1) When a peace officer is responding to a call alleging a 40 violation of a domestic violence protective or restraining order 99 Packet Pg. 57 — 7 — AB 2943 1 issued under Section 527.6 of the Code of Civil Procedure, the 2 Family Code, Section 136.2, 646.91, or paragraph (2) of 3 subdivision (a) of Section 1203.097 of this code, Section 213.5 or 4 15657.03 of the Welfare and Institutions Code, or of a domestic 5 violence protective or restraining order issued by the court of 6 another state, tribe, or territory and the peace officer has probable 7 cause to believe that the person against whom the order is issued 8 has notice of the order and has committed an act in violation of 9 the order, the officer shall, consistent with subdivision (b) of 10 Section 13 70 1, make a lawful arrest of the person without a warrant 11 and take that person into custody whether or not the violation 12 occurred in the presence of the arresting officer. The officer shall, 13 as soon as possible after the arrest, confirm with the appropriate 14 authorities or the Domestic Violence Protection Order Registry 15 maintained pursuant to Section 6380 of the Family Code that a 16 true copy of the protective order has been registered, unless the 17 victim provides the officer with a copy of the protective order. 18 (2) The person against whom a protective order has been issued 19 shall be deemed to have notice of the order if the victim presents 20 to the officer proof of service of the order, the officer confirms 21 with the appropriate authorities that a true copy of the proof of 22 service is on file, or the person against whom the protective order 23 was issued was present at the protective order hearing or was 24 informed by a peace officer of the contents of the protective order. 25 (3) In situations where mutual protective orders have been issued 26 under Division 10 (commencing with Section 6200) of the Family 27 Code, liability for arrest under this subdivision applies only to 28 those persons who are reasonably believed to have been the 29 dominant aggressor. In those situations, prior to making an arrest 30 under this subdivision, the peace officer shall make reasonable 31 efforts to identify, and may arrest, the dominant aggressor involved 32 in the incident. The dominant aggressor is the person determined 33 to be the most significant, rather than the first, aggressor. In 34 identifying the dominant aggressor, an officer shall consider (A) 35 the intent of the law to protect victims of domestic violence from 36 continuing abuse, (B) the threats creating fear of physical injury, 37 (C) the history of domestic violence between the persons involved, 38 and (D) whether either person involved acted in self-defense. 39 (d) Notwithstanding paragraph (1) of subdivision (a), if a suspect 40 commits an assault or battery upon a current or former spouse, 99 Packet Pg. 58 AB 2943 1 fiance, fianc6e, a current or former cohabitant as defined in Section 2 6209 of the Family Code, a person with whom the suspect currently 3 is having or has previously had an engagement or dating 4 relationship, as defined in paragraph (10) of subdivision (f) of 5 Section 243, a person with whom the suspect has parented a child, 6 or is presumed to have parented a child pursuant to the Uniform 7 Parentage Act (Part 3 (commencing with Section 7600) of Division 8 12 of the Family Code), a child of the suspect, a child whose 9 parentage by the suspect is the subject of an action under the 10 Uniform Parentage Act, a child of a person in one of the above 11 categories, any other person related to the suspect by consanguinity 12 or affinity within the second degree, or any person who is 65 years 13 of age or older and who is related to the suspect by blood or legal 14 guardianship, a peace officer may arrest the suspect without a 15 warrant where both of the following circumstances apply: 16 (1) The peace officer has probable cause to believe that the 17 person to be arrested has committed the assault or battery, whether 18 or not it has in fact been committed. 19 (2) The peace officer makes the arrest as soon as probable cause 20 arises to believe that the person to be arrested has committed the 21 assault or battery, whether or not it has in fact been committed. 22 (e) In addition to the authority to make an arrest without a 23 warrant pursuant to paragraphs (1) and (3) of subdivision (a), a 24 peace officer may, without a warrant, arrest a person for a violation 25 of Section 25400 when all of the following apply: 26 (1) The officer has reasonable cause to believe that the person 27 to be arrested has committed the violation of Section 25400. 28 (2) The violation of Section 25400 occurred within an airport, 29 as defined in Section 21013 of the Public Utilities Code, in an area 30 to which access is controlled by the inspection of persons and 31 property. 32 (3) The peace officer makes the arrest as soon as reasonable 33 cause arises to believe that the person to be arrested has committed 34 the violation of Section 25400. 35 (f) In addition to the authority to make an arrest without a 36 warrant pursuant to paragraphs (1) and (3) of subdivision (a), a 37 peace officer may, without a warrant, arrest a person for a 38 violation of Section 459.5 when the violation was not committed 39 in the officer's presence if the officer has probable cause to believe 40 the person committed the violation. The probable cause to make 99 Packet Pg. 59 — 9 — AB 2943 1 an arrest pursuant to this subdivision shall be based on either of 2 the following: 3 (1) A sworn statement obtained by the officer from a person 4 who witnessed the person to be arrested committing the alleged 5 violation. 6 (2) The officer observing video footage that shows the person 7 to be arrested committing the alleged violation. 8 SEC. 6. Section 853.6 of the Penal Code, as amended by 9 Section 1 of Chapter 856 of the Statutes of 2022, is amended to 10 read: 11 853.6. (a) (1) When a person is arrested for an offense declared 12 to be a misdemeanor, including a violation of a city or county 13 ordinance, and does not demand to be taken before a magistrate, 14 that person shall, instead of being taken before a magistrate, be 15 released according to the procedures set forth by this chapter, 16 although nothing prevents an officer from first booking an arrestee 17 pursuant to subdivision (g). If the person is released, the officer 18 or the officer's superior shall prepare in duplicate a written notice 19 to appear in court, containing the name and address of the person, 20 the offense charged, and the time when, and place where, the 21 person shall appear in court. If, pursuant to subdivision (i), the 22 person is not released prior to being booked and the officer in 23 charge of the booking or the officer's superior determines that the 24 person should be released, the officer or the officer's superior shall 25 prepare a written notice to appear in a court. 26 (2) When a person is arrested for a misdemeanor violation of a 27 protective court order involving domestic violence, as defined in 28 Section 13700, or arrested pursuant to a policy, as described in 29 Section 13701, the person shall be taken before a magistrate instead 30 of being released according to the procedures set forth in this 31 chapter, unless the arresting officer determines that there is not a 32 reasonable likelihood that the offense will continue or resume or 33 that the safety of persons or property would be imminently 34 endangered by release of the person arrested. Prior to adopting 35 these provisions, each city, county, or city and county shall develop 36 a protocol to assist officers to determine when arrest and release 37 is appropriate, rather than taking the arrested person before a 38 magistrate. The county shall establish a committee to develop the 39 protocol, consisting of, at a minimum, the police chief or county 40 sheriff within the jurisdiction, the district attorney, county counsel, 99 Packet Pg. 60 AB 2943 —10 1 city attorney, representatives from domestic violence shelters, 2 domestic violence councils, and other relevant community 3 agencies. 4 (3) This subdivision does not apply to the crimes specified in 5 Section 1270.1, including crimes defined in each of the following: 6 (A) Paragraph (1) of subdivision (e) of Section 243. 7 (B) Section 273.5. 8 (C) Section 273.6, if the detained person made threats to kill or 9 harm, has engaged in violence against, or has gone to the residence 10 or workplace of, the protected party. 11 (D) Section 646.9. 12 (4) This subdivision shall not affect a defendant's ability to be 13 released on bail or on their own recognizance, except as specified 14 in Section 1270.1. 15 (b) Unless waived by the person, the time specified in the notice 16 to appear shall be at least 10 days after arrest if the duplicate notice 17 is to be filed by the officer with the magistrate. 18 (c) The place specified in the notice shall be the court of the 19 magistrate before whom the person would be taken if the 20 requirement of taking an arrested person before a magistrate were 21 complied with, or shall be an officer authorized by that court to 22 receive a deposit of bail. 23 (d) The officer shall deliver one copy of the notice to appear to 24 the arrested person, and the arrested person, in order to secure 25 release, shall give their written promise to appear in court as 26 specified in the notice by signing the duplicate notice, which shall 27 be retained by the officer, and the officer may require the arrested 28 person, if the arrested person has no satisfactory identification, to 29 place a right thumbprint, or a left thumbprint or fingerprint if the 30 person has a missing or disfigured right thumb, on the notice to 31 appear. Except for law enforcement purposes relating to the identity 32 of the arrestee, a person or entity shall not sell, give away, allow 33 the distribution of, include in a database, or create a database with, 34 this print. Upon the signing of the duplicate notice, the arresting 35 officer shall immediately release the person arrested from custody. 36 (e) The officer shall, as soon as practicable, file the duplicate 37 notice, as follows: 38 (1) It shall be filed with the magistrate if the offense charged is 39 an infraction. 99 Packet Pg. 61 —11— AB 2943 1 (2) It shall be filed with the magistrate if the prosecuting attorney 2 has previously directed the officer to do so. 3 (3) (A) The duplicate notice and underlying police reports in 4 support of the charge or charges shall be filed with the prosecuting 5 attorney in cases other than those specified in paragraphs (1) and 6 (2). 7 (B) If the duplicate notice is filed with the prosecuting attorney, 8 the prosecuting attorney, within their discretion, may initiate 9 prosecution by filing the notice or a formal complaint with the 10 magistrate specified in the duplicate notice within 25 days from 11 the time of arrest. If the prosecution is not to be initiated, the 12 prosecutor shall send notice to the person arrested at the address 13 on the notice to appear. The failure by the prosecutor to file the 14 notice or formal complaint within 25 days of the time of the arrest 15 shall not bar further prosecution of the misdemeanor charged in 16 the notice to appear. However, any further prosecution shall be 17 preceded by a new and separate citation or an arrest warrant. 18 (C) Upon the filing of the notice with the magistrate by the 19 officer, or the filing of the notice or formal complaint by the 20 prosecutor, the magistrate may fix the amount of bail that in the 21 magistrate's judgment, in accordance with Section 1275, is 22 reasonable and sufficient for the appearance of the defendant and 23 shall endorse upon the notice a statement signed by the magistrate 24 in the form set forth in Section 815a. The defendant may, prior to 25 the date upon which the defendant promised to appear in court, 26 deposit with the magistrate the amount of bail set by the magistrate. 27 At the time the case is called for arraignment before the magistrate, 28 if the defendant does not appear, either in person or by counsel, 29 the magistrate may declare the bail forfeited, and may, in the 30 magistrate's discretion, order that further proceedings shall not be 31 had in the case, unless the defendant has been charged with a 32 violation of Section 374.3 or 374.7 of this code or of Section 33 11357, 11360, or 13002 of the Health and Safety Code, or a 34 violation punishable under Section 5008.7 of the Public Resources 35 Code, and the defendant has previously been convicted of a 36 violation of that section or a violation that is punishable under that 37 section, except when the magistrate finds that undue hardship will 38 be imposed upon the defendant by requiring the defendant to 39 appear, the magistrate may declare the bail forfeited and order that 40 further proceedings not be had in the case. 99 Packet Pg. 62 AB 2943 —12 — 1 (D) Upon the making of the order that further proceedings not 2 be had, all sums deposited as bail shall immediately be paid into 3 the county treasury for distribution pursuant to Section 1463. 4 (f) A warrant shall not be issued for the arrest of a person who 5 has given a written promise to appear in court, unless and until the 6 person has violated that promise or has failed to deposit bail, to 7 appear for arraignment, trial, or judgment, or to comply with the 8 terms and provisions of the judgment, as required by law. 9 (g) The officer may book the arrested person at the scene or at 10 the arresting agency prior to release or indicate on the citation that 11 the arrested person shall appear at the arresting agency to be booked 12 or indicate on the citation that the arrested person shall appear at 13 the arresting agency to be fingerprinted prior to the date the arrested 14 person appears in court. If it is indicated on the citation that the 15 arrested person shall be booked or fingerprinted prior to the date 16 of the person's court appearance, the arresting agency, at the time 17 of booking or fingerprinting, shall provide the arrested person with 18 verification of the booking or fingerprinting by making an entry 19 on the citation. If it is indicated on the citation that the arrested 20 person is to be booked or fingerprinted, the magistrate, judge, or 21 court shall, before the proceedings begin, order the defendant to 22 provide verification that the defendant was booked or fingerprinted 23 by the arresting agency. If the defendant cannot produce the 24 verification, the magistrate, judge, or court shall require that the 25 defendant be booked or fingerprinted by the arresting agency before 26 the next court appearance, and that the defendant provide the 27 verification at the next court appearance unless both parties 28 stipulate that booking or fingerprinting is not necessary. 29 (h) A peace officer shall use the written notice to appear 30 procedure set forth in this section for any misdemeanor offense in 31 which the officer has arrested a person without a warrant pursuant 32 to Section 836 or in which the officer has taken custody of a person 33 pursuant to Section 847. 34 (i) When a person is arrested by a peace officer for a 35 misdemeanor, that person shall be released according to the 36 procedures set forth in this chapter unless one of the following is 37 a reason for nonrelease, in which case the arresting officer may 38 release the person, except as provided in subdivision (a), or the 39 arresting officer shall indicate, on a form to be established by the 99 Packet Pg. 63 —13 — AB 2943 1 officer's employing law enforcement agency, which of the 2 following was a reason for the nonrelease: 3 (1) The person arrested was so intoxicated that they could have 4 been a danger to themselves or to others. 5 (2) The person arrested required medical examination or medical 6 care or was otherwise unable to care for their own safety. 7 (3) The person was arrested under one or more of the 8 circumstances listed in Sections 40302 and 40303 of the Vehicle 9 Code. 10 (4) There were one or more outstanding arrest warrants for the 11 person. 12 (5) The person could not provide satisfactory evidence of 13 personal identification. 14 (6) The prosecution of the offense or offenses for which the 15 person was arrested, or the prosecution of any other offense or 16 offenses, would be jeopardized by immediate release of the person 17 arrested. 18 (7) There was a reasonable likelihood that the offense or offenses 19 would continue or resume, or that the safety of persons or property 20 would be imminently endangered by release of the person arrested. 21 (8) The person arrested demanded to be taken before a 22 magistrate or refused to sign the notice to appear. 23 (9) There is reason to believe that the person would not appear 24 at the time and place specified in the notice. The basis for this 25 determination shall be specifically stated. 26 (10) (A) The person was subject to Section 1270.1. 27 (B) The form shall be filed with the arresting agency as soon 28 as practicable and shall be made available to any party having 29 custody of the arrested person, subsequent to the arresting officer, 30 and to any person authorized by law to release the arrested person 31 from custody before trial. 32 (11) The person has been cited, arrested, or convicted for 33 misdemeanor or felony theft from a store in the previous six 34 months. 35 (12) There is probable cause to believe that the person arrested 36 is guilty of committing organized retail theft, as defined in 37 subdivision (a) of Section 490.4. 38 0) (1) Once the arresting officer has prepared the written notice 39 to appear and has delivered a copy to the person arrested, the officer 99 Packet Pg. 64 AB 2943 —14 — 1 shall deliver the remaining original and all copies as provided by 2 subdivision (e). 3 (2) Any person, including the arresting officer and any member 4 of the officer's department or agency, or any peace officer, who 5 alters, conceals, modifies, nullifies, or destroys, or causes to be 6 altered, concealed, modified, nullified, or destroyed, the face side 7 of the remaining original or a copy of a citation that was retained 8 by the officer, for any reason, before it is filed with the magistrate 9 or with a person authorized by the magistrate to receive deposit 10 of bail, is guilty of a misdemeanor. 11 (3) If, after an arrested person has signed and received a copy 12 of a notice to appear, the arresting officer determines that, in the 13 interest of justice, the citation or notice should be dismissed, the 14 arresting agency may recommend, in writing, to the magistrate 15 that the charges be dismissed. The recommendation shall cite the 16 reasons for the recommendation and shall be filed with the court. 17 (4) If the magistrate makes a finding that there are grounds for 18 dismissal, the finding shall be entered in the record and the charges 19 dismissed. 20 (5) A personal relationship with any officer, public official, or 21 law enforcement agency shall not be grounds for dismissal. 22 (k) (1) A person contesting a charge by claiming under penalty 23 of perjury not to be the person issued the notice to appear may 24 choose to submit a right thumbprint, or a left thumbprint if the 25 person has a missing or disfigured right thumb, to the issuing court 26 through the person's local law enforcement agency for comparison 27 with the one placed on the notice to appear. A local law 28 enforcement agency providing this service may charge the requester 29 no more than the actual costs. The issuing court may refer the 30 thumbprint submitted and the notice to appear to the prosecuting 31 attorney for comparison of the thumbprints. When there is no 32 thumbprint or fingerprint on the notice to appear, or when the 33 comparison of thumbprints is inconclusive, the court shall refer 34 the notice to appear or copy thereof back to the issuing agency for 35 further investigation, unless the court finds that referral is not in 36 the interest of justice. 37 (2) Upon initiation of the investigation or comparison process 38 by referral of the court, the court shall continue the case and the 39 speedy trial period shall be tolled for 45 days. 99 Packet Pg. 65 —15 — AB 2943 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 (3) Upon receipt of the issuing agency's or prosecuting attorney's response, the court may make a finding of factual innocence pursuant to Section 530.6 if the court determines that there is insufficient evidence that the person cited is the person charged and shall immediately notify the Department of Motor Vehicles of its determination. If the Department of Motor Vehicles determines the citation or citations in question formed the basis of a suspension or revocation of the person's driving privilege, the department shall immediately set aside the action. (4) If the prosecuting attorney or issuing agency fails to respond to a court referral within 45 days, the court shall make a finding of factual innocence pursuant to Section 530.6, unless the court finds that a finding of factual innocence is not in the interest of justice. (5) The citation or notice to appear may be held by the prosecuting attorney or issuing agency for future adjudication should the arrestee who received the citation or notice to appear be found. (0 For purposes of this section, the term "arresting agency" includes any other agency designated by the arresting agency to provide booking or fingerprinting services. (m) This section shall remain in effect only until January 1, 2031, and as of that date is repealed. SEC. 7. Section 853.6 of the Penal Code, as added by Section 2 of Chapter 856 of the Statutes of 2022, is amended to read: 853.6. (a) (1) When a person is arrested for an offense declared to be a misdemeanor, including a violation of a city or county ordinance, and does not demand to be taken before a magistrate, that person shall, instead of being taken before a magistrate, be released according to the procedures set forth by this chapter, however an officer may first book an arrestee pursuant to subdivision (g). If the person is released, the officer or the officer's superior shall prepare, in duplicate, a written notice to appear in court, containing the name and address of the person, the offense charged, and the time when, and place where, the person shall appear in court. If, pursuant to subdivision (i), the person is not released prior to being booked and the officer in charge of the booking or the officer's superior determines that the person should be released, the officer or the officer's superior shall prepare a written notice to appear in a court. 99 Packet Pg. 66 AB 2943 —16— 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 (2) When a person is arrested for a misdemeanor violation of a protective court order involving domestic violence, as defined in subdivision (b) of Section 13700, or arrested pursuant to a policy described in Section 13701, the person shall be taken before a magistrate instead of being released according to the procedures set forth in this chapter, unless the arresting officer determines that there is not a reasonable likelihood that the offense will continue or resume or that the safety of persons or property would be imminently endangered by release of the person arrested. Prior to adopting these provisions, each city, county, or city and county shall develop a protocol to assist officers to determine when arrest and release is appropriate, rather than taking the arrested person before a magistrate. The county shall establish a committee to develop the protocol, consisting of, at a minimum, the police chief or county sheriff within the jurisdiction, the district attorney, county counsel, city attorney, representatives from domestic violence shelters, domestic violence councils, and other relevant community agencies. (3) This subdivision shall not apply to the crimes specified in Section 1270.1, including crimes defined in each of the following: (A) Paragraph (1) of subdivision (e) of Section 243. (B) Section 273.5. (C) Section 273.6, if the detained person made threats to kill or harm, has engaged in violence against, or has gone to the residence or workplace of, the protected party. (D) Section 646.9. (4) This subdivision does not affect a defendant's ability to be released on bail or on their own recognizance, except as specified in Section 1270.1. (b) Unless waived by the person, the time specified in the notice to appear shall be at least 10 days after arrest if the duplicate notice is to be filed by the officer with the magistrate. (c) The place specified in the notice shall be the court of the magistrate before whom the person would be taken if the requirement of taking an arrested person before a magistrate were complied with, or shall be an officer authorized by that court to receive a deposit of bail. (d) The officer shall deliver one copy of the notice to appear to the arrested person, and the arrested person, in order to secure release, shall give their written promise to appear in court as 99 Packet Pg. 67 —17 — AB 2943 1 specified in the notice by signing the duplicate notice, which shall 2 be retained by the officer. The officer may require the arrested 3 person, if the arrested person has no satisfactory identification, to 4 place a right thumbprint, or a left thumbprint or fingerprint if the 5 person has a missing or disfigured right thumb, on the notice to 6 appear. Except for law enforcement purposes relating to the identity 7 of the arrestee, a person or entity may not sell, give away, allow 8 the distribution of, include in a database, or create a database with, 9 this print. Upon the person signing the duplicate notice, the 10 arresting officer shall immediately release the person arrested from 11 custody. 12 (e) The officer shall, as soon as practicable, file the duplicate 13 notice, as follows: 14 (1) It shall be filed with the magistrate if the offense charged is 15 an infraction. 16 (2) It shall be filed with the magistrate if the prosecuting attorney 17 has previously directed the officer to do so. 18 (3) (A) The duplicate notice and underlying police reports in 19 support of the charge or charges shall be filed with the prosecuting 20 attorney in cases other than those specified in paragraphs (1) and 21 (2). 22 (B) If the duplicate notice is filed with the prosecuting attorney, 23 the prosecuting attorney, within their discretion, may initiate 24 prosecution by filing the notice or a formal complaint with the 25 magistrate specified in the duplicate notice within 25 days from 26 the time of arrest. If the prosecution is not to be initiated, the 27 prosecutor shall send notice to the person arrested at the address 28 on the notice to appear. The failure by the prosecutor to file the 29 notice or formal complaint within 25 days of the time of the arrest 30 shall not bar further prosecution of the misdemeanor charged in 31 the notice to appear. However, any further prosecution shall be 32 preceded by a new and separate citation or an arrest warrant. 33 (C) Upon the filing of the notice with the magistrate by the 34 officer, or the filing of the notice or formal complaint by the 35 prosecutor, the magistrate may fix the amount of bail that in the 36 magistrate's judgment, in accordance with Section 1275, is 37 reasonable and sufficient for the appearance of the defendant and 38 shall endorse upon the notice a statement signed by the magistrate 39 in the form set forth in Section 815a. The defendant may, prior to 40 the date upon which the defendant promised to appear in court, 99 Packet Pg. 68 AB 2943 —18 — 1 deposit with the magistrate the amount of bail set by the magistrate. 2 When the case is called for arraignment before the magistrate, if 3 the defendant does not appear, either in person or by counsel, the 4 magistrate may declare the bail forfeited, and may, in the 5 magistrate's discretion, order that no further proceedings shall be 6 had in the case, unless the defendant has been charged with a 7 violation of Section 374.3 or 374.7 of this code or of Section 8 11357, 11360, or 13002 of the Health and Safety Code, or a 9 violation punishable under Section 5008.7 of the Public Resources 10 Code, and the defendant has previously been convicted of a 11 violation of that section or a violation that is punishable under that 12 section, except in cases where the magistrate finds that undue 13 hardship will be imposed upon the defendant by requiring the 14 defendant to appear, the magistrate may declare the bail forfeited 15 and order that no further proceedings be had in the case. 16 (D) Upon the making of the order that no further proceedings 17 be had, all sums deposited as bail shall immediately be paid into 18 the county treasury for distribution pursuant to Section 1463. 19 (f) A warrant shall not be issued for the arrest of a person who 20 has given a written promise to appear in court, unless and until the 21 person has violated that promise or has failed to deposit bail, to 22 appear for arraignment, trial, or judgment or to comply with the 23 terms and provisions of the judgment, as required by law. 24 (g) The officer may book the arrested person at the scene or at 25 the arresting agency prior to release or indicate on the citation that 26 the arrested person shall appear at the arresting agency to be booked 27 or indicate on the citation that the arrested person shall appear at 28 the arresting agency to be fingerprinted prior to the date the arrested 29 person appears in court. If it is indicated on the citation that the 30 arrested person shall be booked or fingerprinted prior to the date 31 of the person's court appearance, the arresting agency, at the time 32 of booking or fingerprinting, shall provide the arrested person with 33 verification of the booking or fingerprinting by making an entry 34 on the citation. If it is indicated on the citation that the arrested 35 person is to be booked or fingerprinted, the magistrate, judge, or 36 court shall, before the proceedings begin, order the defendant to 37 provide verification that the defendant was booked or fingerprinted 38 by the arresting agency. If the defendant cannot produce the 39 verification, the magistrate, judge, or court shall require that the 40 defendant be booked or fingerprinted by the arresting agency before 99 Packet Pg. 69 —19 — AB 2943 1 the next court appearance, and that the defendant provide the 2 verification at the next court appearance unless both parties 3 stipulate that booking or fingerprinting is not necessary. 4 (h) A peace officer shall use the written notice to appear 5 procedure set forth in this section for any misdemeanor offense in 6 which the officer has arrested a person without a warrant pursuant 7 to Section 836 or in which the officer has taken custody of a person 8 pursuant to Section 847. 9 (i) When a person is arrested by a peace officer for a 10 misdemeanor, that person shall be released according to the 11 procedures set forth by this chapter unless one of the following is 12 a reason for nonrelease, in which case the arresting officer may 13 release the person, except as provided in subdivision (a), or the 14 arresting officer shall indicate, on a form to be established by the 15 officer's employing law enforcement agency, which of the 16 following was a reason for the nonrelease: 17 (1) The person arrested was so intoxicated that they could have 18 been a danger to themselves or to others. 19 (2) The person arrested required medical examination or medical 20 care or was otherwise unable to care for their own safety. 21 (3) The person was arrested under one or more of the 22 circumstances listed in Sections 40302 and 40303 of the Vehicle 23 Code. 24 (4) There were one or more outstanding arrest warrants for the 25 person. 26 (5) The person could not provide satisfactory evidence of 27 personal identification. 28 (6) The prosecution of the offense or offenses for which the 29 person was arrested, or the prosecution of any other offense or 30 offenses, would be jeopardized by immediate release of the person 31 arrested. 32 (7) There was a reasonable likelihood that the offense or offenses 33 would continue or resume, or that the safety of persons or property 34 would be imminently endangered by release of the person arrested. 35 (8) The person arrested demanded to be taken before a 36 magistrate or refused to sign the notice to appear. 37 (9) There is reason to believe that the person would not appear 38 at the time and place specified in the notice. The basis for this 39 determination shall be specifically stated. 40 (10) (A) The person was subject to Section 1270.1. 99 Packet Pg. 70 AB 2943 — 20 — 1 (B) The form shall be filed with the arresting agency as soon 2 as practicable and shall be made available to any party having 3 custody of the arrested person, subsequent to the arresting officer, 4 and to any person authorized by law to release the arrested person 5 from custody before trial. 6 0) (1) Once the arresting officer has prepared the written notice 7 to appear and has delivered a copy to the person arrested, the officer 8 shall deliver the remaining original and all copies as provided by 9 subdivision (e). 10 (2) A person, including the arresting officer and any member 11 of the officer's department or agency, or any peace officer, who 12 alters, conceals, modifies, nullifies, or destroys, or causes to be 13 altered, concealed, modified, nullified, or destroyed, the face side 14 of the remaining original or any copy of a citation that was retained 15 by the officer, for any reason, before it is filed with the magistrate 16 or with a person authorized by the magistrate to receive deposit 17 of bail, is guilty of a misdemeanor. 18 (3) If, after an arrested person has signed and received a copy 19 of a notice to appear, the arresting officer determines that, in the 20 interest of justice, the citation or notice should be dismissed, the 21 arresting agency may recommend, in writing, to the magistrate 22 that the charges be dismissed. The recommendation shall cite the 23 reasons for the recommendation and shall be filed with the court. 24 (4) If the magistrate makes a finding that there are grounds for 25 dismissal, the finding shall be entered in the record and the charges 26 dismissed. 27 (5) A personal relationship with any officer, public official, or 28 law enforcement agency shall not be grounds for dismissal. 29 (k) (1) A person contesting a charge by claiming under penalty 30 of perjury not to be the person issued the notice to appear may 31 choose to submit a right thumbprint, or a left thumbprint if the 32 person has a missing or disfigured right thumb, to the issuing court 33 through the person's local law enforcement agency for comparison 34 with the one placed on the notice to appear. A local law 35 enforcement agency providing this service may charge the requester 36 no more than the actual costs. The issuing court may refer the 37 thumbprint submitted and the notice to appear to the prosecuting 38 attorney for comparison of the thumbprints. When there is no 39 thumbprint or fingerprint on the notice to appear, or when the 40 comparison of thumbprints is inconclusive, the court shall refer 99 Packet Pg. 71 — 21— AB 2943 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 the notice to appear, or a copy thereof, back to the issuing agency for further investigation, unless the court finds that referral is not in the interest of justice. (2) Upon initiation of the investigation or comparison process by referral of the court, the court shall continue the case and the speedy trial period shall be tolled for 45 days. (3) Upon receipt of the issuing agency's or prosecuting attorney's response, the court may make a finding of factual innocence pursuant to Section 530.6 if the court determines that there is insufficient evidence that the person cited is the person charged and shall immediately notify the Department of Motor Vehicles of its determination. If the Department of Motor Vehicles determines the citation or citations in question formed the basis of a suspension or revocation of the person's driving privilege, the department shall immediately set aside the action. (4) If the prosecuting attorney or issuing agency fails to respond to a court referral within 45 days, the court shall make a finding of factual innocence pursuant to Section 530.6, unless the court finds that a finding of factual innocence is not in the interest of justice. (5) The citation or notice to appear may be held by the prosecuting attorney or issuing agency for future adjudication should the arrestee who received the citation or notice to appear be found. (0 For purposes of this section, the term "arresting agency" includes any other agency designated by the arresting agency to provide booking or fingerprinting services. (m) This section shall become operative January 1, 2031. SEC. 8. Section 1203g is added to the Penal Code, to read: 1203g. (a) Notwithstanding Section 1203a, for a violation of shoplifting, as defined in Section 459.5, or petty theft, as described in Section 488 or 490.2, the court may suspend the imposition or execution of the sentence and make and enforce the terms of probation for a period not to exceed two years. (b) If a court imposes a term of probation that exceeds the maximum period of time specified in subdivision (a) of Section 1203a, the court, as a condition of probation, shall consider referring the defendant to a collaborative court or rehabilitation program that is relevant to the underlying factor or factors that led to the commission of the offense. If the court finds that referral to 99 Packet Pg. 72 AB 2943 — 22 — 1 a collaborative court or rehabilitation program is not an appropriate 2 condition of probation, it must state the reasons for its finding on 3 the record. 4 (c) Upon successful completion of the rehabilitation program, 5 as determined by the program provider, or successful participation 6 in the collaborative court, as determined by the collaborative court, 7 the court shall discharge the defendant from probation. 8 (d) Participation in a collaborative court or a rehabilitation 9 program by the defendant shall not exceed the maximum period 10 of time of probation specified in subdivision (a), except with the 11 consent of the defendant. 12 SEC. 9. No reimbursement is required by this act pursuant to 13 Section 6 ofArticle XIIIB of the California Constitution for certain 14 costs that may be incurred by a local agency or school district 15 because, in that regard, this act creates a new crime or infraction, 16 eliminates a crime or infraction, or changes the penalty for a crime 17 or infraction, within the meaning of Section 17556 of the 18 Government Code, or changes the definition of a crime within the 19 meaning of Section 6 of Article XIII B of the California 20 Constitution. 21 However, if the Commission on State Mandates determines that 22 this act contains other costs mandated by the state, reimbursement 23 to local agencies and school districts for those costs shall be made 24 pursuant to Part 7 (commencing with Section 17500) of Division 25 4 of Title 2 of the Government Code. X 99 Packet Pg. 73 CALIFORNIA LEGISLATURE-2023-24 REGULAR SESSION ASSEMBLY BILL No. 3068 Introduced by Assembly Member Haney February 16, 2024 An act to amend Section 65585 of, and to add Chapter 8 (commencing with Section 51298) to Part 1 of Division 1 of Title 5 of, and to add Article 11.5 (commencing with Section 65658) to Chapter 3 of Division 1 of Title 7 of, the Government Code, relating to housing. LEGISLATIVE COUNSEL'S DIGEST AB 3068, as introduced, Haney. Adaptive reuse: streamlining: incentives. 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, including that the development is a multifamily housing development that contains two or more residential units. This bill would deem an adaptive reuse project a use by right in all zones, regardless of the zoning of the site, and subject to a streamlined, ministerial review process if the project meets specified requirements. In this regard, an adaptive reuse project, in order to qualify for the streamlined, ministerial review process, would be required to be proposed for an existing building that is less than 50 years old or meets certain requirements regarding the preservation of historic resources, 061 Packet Pg. 74 AB 3068 — 2 — including the signing of an affidavit declaring that the project will comply with the United States Secretary of the Interior's Standards for Rehabilitation or receive federal or state historic rehabilitation tax credits, as specified. The bill would require an adaptive reuse project to comply with any broadly applicable housing affordability requirement, as defined, adopted by the local government and would require at least one-half of the square footage of the adaptive reuse project to be dedicated to residential uses, unless the project is an office conversion project, as specified. The bill would authorize an adaptive reuse project subject to these provisions to include the development of new residential or mixed -use structures on undeveloped areas and parking areas on the parcels adjacent to the proposed adaptive reuse project site if certain conditions are met. The bill would, if a local government's planning director or equivalent position determines that the adaptive reuse project submitted pursuant to these provisions is consistent with the objective planning standards, require the local government to approve the adaptive reuse project within specified timeframes. By requiring local governments to implement the streamlined, ministerial review process for adaptive reuse projects, the bill would impose a state -mandated local program. By requiring certain development proponents of an adaptive reuse project to sign an affidavit regarding the preservation of historic resources, the bill would expand the crime of perjury and therefore impose a state -mandated local program. This bill would exempt an adaptive reuse project from all impact fees that are not directly related to the impacts resulting from the change of use of the site from nonresidential to residential or mixed use and would require any fees charged to be proportional to the difference in impacts caused by the change of use. 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. CEQA does not apply to the approval of ministerial projects. This bill, by establishing the streamlined, ministerial review process described above, would exempt the approval of adaptive reuse projects subject to those processes from CEQA. 99 Packet Pg. 75 — 3 — AB 3068 This bill would authorize a city or county, commencing in the 2024-25 fiscal year, to establish an adaptive reuse investment incentive program to pay adaptive reuse investment incentive funds, as defined, to the proponent of an adaptive reuse project approved pursuant to the streamlined, ministerial process described above for up to 15 consecutive fiscal years. The bill would define "adaptive reuse investment incentive funds" to mean an amount up to or equal to the amount of ad valorem property tax revenue allocated to the participating local agency from the taxation of that portion of the total assessed value of the real and personal property of an adaptive reuse project property that is in excess of the qualified adaptive reuse project property's valuation at the time of the proponent's initial request for funding. 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. Chapter 8 (commencing with Section 51298) is 2 added to Part 1 of Division 1 of Title 5 of the Government Code, 3 to read: 4 5 CHAPTER 8. ADAPTIVE REUSE INVESTMENT INCENTIVE 6 PROGRAM 7 8 51298. It is the intent of the Legislature in enacting this chapter 9 to provide cities and counties with opportunities to adaptively 10 reuse existing buildings, such as office buildings, in order to 11 facilitate their conversion to housing and mixed uses. 12 51298.1. For purposes of this chapter: 13 (a) "Adaptive reuse investment incentive funds" means, with 14 respect to a qualified adaptive reuse project property for a relevant 15 fiscal year, an amount up to or equal to the amount of ad valorem 99 Packet Pg. 76 AB 3068 — 4 — I property tax revenue allocated to the participating local agency, 2 excluding the revenue transfers required by Sections 97.2 and 97.3 3 of the Revenue and Taxation Code, from the taxation of that portion 4 of the total assessed value of the real and personal property of an 5 adaptive reuse project property that is in excess of the qualified 6 adaptive reuse project property's valuation at the time of the 7 proponent's initial request for funding. 8 (b) "Program" means an adaptive reuse investment incentive 9 program established pursuant to Section 51298.2. 10 (c) (1) "Proponent" means a party or parties that meet all of 11 the following criteria: 12 (A) The party is named in the application for a permit to 13 construct a qualified adaptive reuse project submitted to the city 14 or county. 15 (B) The party will either be the fee owner of the qualified 16 adaptive reuse project property upon the completion of that 17 development or the party enters a sale -leaseback transaction for 18 the qualified adaptive reuse project property. 19 (2) If a proponent that is receiving capital investment incentive 20 amounts subsequently leases the qualified adaptive reuse project 21 property to another party, the lease may provide for the payment 22 to that lessee of any portion of adaptive reuse investment incentive 23 funds. A lessee that receives any portion of adaptive reuse 24 investment incentive funds shall also be considered a proponent 25 for the purposes of this chapter. 26 (d) "Qualified adaptive reuse project property" means an 27 adaptive reuse proposed pursuant to Article 11.5 (commencing 28 with Section 65658) of Chapter 3 of Division 1 of Title 7 that is 29 located within the city or county. 30 51298.2. (a) Commencing in the 2024-25 fiscal year, the 31 governing body of a city or county may, by ordinance or resolution, 32 establish an adaptive reuse investment incentive program pursuant 33 to this chapter. 34 (b) (1) A city or county that establishes a program shall, upon 35 the approval by a majority of the entire membership of its 36 governing body of a written request therefor, pay adaptive reuse 37 investment incentive funds to the proponent of a qualified adaptive 38 reuse project property for up to 15 consecutive fiscal years. 39 (2) A request for the payment of adaptive reuse investment 40 incentive funds shall be filed by a proponent in writing with the 99 Packet Pg. 77 — 5 — AB 3068 1 governing body of the city or county in the time and manner 2 established by that governing body. 3 (c) After a city or county approves a request for the payment of 4 adaptive reuse investment incentive funds, payment of adaptive 5 reuse investment incentive funds shall begin with the first fiscal 6 year that commences after the qualified adaptive reuse property 7 is issued a certificate of occupancy. 8 51298.3. A city or special district may pay to the city or county 9 an amount equal to the amount of ad valorem property tax revenue 10 allocated to that city or special district, but not the actual allocation, 11 derived from the taxation of that portion of the total assessed value 12 of that real property that is in excess of the property's valuation 13 at the time of the proponent's initial request for funding. 14 SEC. 2. Article 11.5 (commencing with Section 65658) is 15 added to Chapter 3 of Division 1 of Title 7 of the Government 16 Code, to read: 17 18 Article 11.5. Office to Housing Conversion Act 19 20 PART 1. GENERAL PROVISIONS 21 22 65658. This article may be cited as the Office to Housing 23 Conversion Act. 24 65658.1. For purposes of this article: 25 (a) (1) "Adaptive reuse" means the retrofitting and repurposing 26 of an existing building to create new residential or mixed uses 27 including office conversion projects. 28 (2) "Adaptive reuse" shall not include the retrofitting and 29 repurposing of any light industrial use, unless the planning director 30 or equivalent position determines that the specific light industrial 31 use is no longer useful for industrial purposes. 32 (b) "Adjacent portion of the project" means the portion of the 33 project located on a site adjacent to the proposed repurposed 34 existing building. 35 (c) "Broadly applicable housing affordability requirement" 36 means a local ordinance or other regulation that requires a 37 minimum percentage of affordable units and that applies to a 38 variety of housing development types or entitlement pathways. 39 (d) "Impact fee" means any fee imposed pursuant to Chapter 5 40 (commencing with Section 66000). 99 Packet Pg. 78 AB 3068 1 (e) "Historical resource" means the same as defined in 2 subdivision 0) of Section 5020.1 of the Public Resources Code, 3 or a resource listed in the California Register of Historical 4 Resources as described in Section 5024.1 of the Public Resources 5 Code. 6 (f) "Light industrial use" means a use that is not subject to 7 permitting by a district, as defined in Section 39025 of the Health 8 and Safety Code. 9 (g) "Local government" means a city, including a charter city, 10 a county, or a city and county. 11 (h) "Mixed use" means residential uses combined with at least 12 one other land use, but not including any industrial use. 13 (i) "Office conversion project" means the conversion of a 14 building used for office purposes or a vacant office building into 15 residential dwelling units. 16 0) "Persons and families of low or moderate income" means 17 the same as defined in Section 50093 of the Health and Safety 18 Code. 19 (k) "Phase I environmental assessment" means the same as 20 defined in Section 78090 of the Health and Safety Code. 21 (0 "Phase II environmental assessment" means the same as 22 defined in Section 25403 of the Health and Safety Code. 23 (m) "Preliminary endangerment assessment" means the same 24 as defined in Section 78095 of the Health and Safety Code. 25 (n) "Residential uses" includes, but is not limited to, housing 26 units, dormitories, boarding houses, and group housing. 27 "Residential uses" does not include prisons or jails. 28 (o) "Use by right" means that the city's or county's review of 29 the adaptive reuse project may not require a conditional use permit, 30 planned unit development permit, or other discretionary city or 31 county review or approval that would constitute a "project" for 32 purposes of Division 13 (commencing with Section 21000) of the 33 Public Resources Code. Any subdivision of the sites shall be 34 subject to all laws, including, but not limited to, a city or county 35 ordinance implementing the Subdivision Map Act (Division 2 36 (commencing with Section 66410)). 37 65658.3. A local government may adopt an ordinance to 38 implement this article and specify the process and requirements 39 applicable to adaptive reuse projects, provided that the ordinance 40 is consistent with, and does not inhibit the objectives of, this article. 99 Packet Pg. 79 — 7 — AB 3068 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 65658.4. The Legislature finds and declares that this article 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, this article applies to all cities, including charter cities. PART 2. STREAMLINED, MINISTERIAL APPROVAL 65658.5. (a) An adaptive reuse project that meets the requirements of subdivision (b) shall be deemed a use by right in all zones, regardless of the zoning of the site, and subject to the streamlined, ministerial review process described in Section 65658.7, except that the nonresidential uses of a proposed mixed -use adaptive reuse project shall be consistent with the land uses allowed by the zoning or a continuation of an existing zoning nonconforming use. (b) An adaptive reuse project shall comply with all of the following requirements: (1) The adaptive reuse project is proposed for any of the following, as applicable: (A) The project is proposed for an existing building that is less than 50 years old. (B) The project is proposed for an existing building that is listed on a local, state, or federal register of historic resources and the adaptive reuse project proponent complies with Section 65658.7. (C) The project is proposed for an existing building that is more than 50 years old and the local government has evaluated the site through a preliminary application submitted pursuant to subdivision (a) of Section 65658.7 and either of the following are satisfied: (i) The local government determines that the building or site is a historic resource and the adaptive reuse project proponent complies with Section 65658.7. (ii) The local government determines that the building or site is not a historic resource. (2) The project complies with any broadly applicable housing affordability requirement adopted by the local government. Notwithstanding any other law, a local government shall not impose or enforce any broadly applicable housing affordability requirement on the housing units of an adaptive reuse project that 99 Packet Pg. 80 AB 3068 1 requires the project to restrict more than 10 percent of retrofitted 2 or repurposed units as affordable. 3 (3) (A) If the adaptive reuse project includes mixed uses, at 4 least one-half of the square footage of the adaptive reuse project 5 shall be dedicated to residential uses. For purposes of this 6 subparagraph, square footage of the project does not include 7 underground space, including basements or underground parking 8 garages. 9 (B) If the adaptive reuse project is also an office conversion 10 project that creates at least one new housing unit, the development 11 proponent may elect for subparagraph (A) to not apply to the 12 project. Both of the following restrictions shall apply to a project 13 subject to this subparagraph: 14 (i) The adaptive reuse project shall not be eligible to include 15 adjacent uses pursuant to Section 65658.6, unless the adjacent uses 16 are separately approved projects that do not utilize the provisions 17 of this article. 18 (ii) The streamlined approval process established pursuant to 19 this article shall apply only to the new housing units created. 20 (4) (A) The adaptive reuse project proponent completes a Phase 21 I environmental assessment, and a Phase II environmental 22 assessment, if warranted. 23 (B) If a recognized environmental condition is found, the 24 adaptive reuse project proponent shall undertake a preliminary 25 endangerment assessment prepared by an environmental assessor 26 to determine the existence of any release of a hazardous substance 27 on the site and to determine the potential for exposure of future 28 occupants to significant health hazards from any nearby property 29 or activity. 30 (i) If a release of hazardous substance is found to exist on the 31 site, prior to occupancy, the project proponent shall agree to remove 32 the release or any significant effect of the release shall be mitigated 33 to a level of insignificance in compliance with state and federal 34 requirements. 35 (ii) If a potential for exposure to significant hazards from 36 surrounding properties or activities is found to exist, the effects of 37 the potential exposure shall be mitigated to a level of insignificance 38 in compliance with current state and federal requirements. 39 (c) An adaptive reuse project that meets all the requirements of 40 subdivision (b) may include rooftop structures that exceed any 99 Packet Pg. 81 — 9 — AB 3068 1 applicable height limitation imposed by the local government, 2 provided that the rooftop structure does not exceed one story and 3 is used for shared amenities. 4 65658.6. (a) An adaptive reuse project that satisfies the 5 requirements of Section 65658.5 may include the development of 6 new residential or mixed -use structures on undeveloped areas and 7 parking areas on the parcels adjacent to the proposed adaptive 8 reuse project site if all of the following requirements are met: 9 (1) The adjacent portion of the project on the site adjacent to 10 the proposed repurposed existing building complies with the 11 requirements of any of the following: 12 (A) The requirements of paragraph (5) of subdivision (a) of 13 Section 65913.4. 14 (B) The requirements of the Affordable Housing and High Road 15 Jobs Act of 2022 (Chapter 4.1 (commencing with Section 16 65912.100)). 17 (C) The requirements of the Middle Class Housing Act of 2022 18 (Section 65852.24). 19 (2) The adjacent portion of the project is located on a parcel 20 that satisfies the requirements specified in subparagraphs (A) and 21 (B) of paragraph (2) of subdivision (a) of Section 65913.4. 22 (3) The adjacent portion of the project is located on a parcel 23 that satisfies the requirements specified in subparagraphs (B) to 24 (K), inclusive, of paragraph (6) of subdivision (a) of Section 25 65913.4. 26 (4) The adjacent portion of the project is located on a parcel 27 that satisfies the requirements specified in paragraph (7) of 28 subdivision (a) of Section 65913.4. 29 (5) The applicant and local agency comply with the requirements 30 of subdivision (b) of Section 65913.4. 31 (6) Any existing open space on the proposed project site is not 32 a contributor to a historic resource. 33 (b) The adjacent portion of the project shall be eligible for a 34 density bonus, incentives or concessions, waivers or reductions of 35 development standards, and parking ratios pursuant to Section 36 65915. 37 (c) For purposes of this section, "adjacent portion of the project" 38 means the portion of the project located on a site adjacent to the 39 proposed repurposed existing building. 99 Packet Pg. 82 AB 3068 -to- 1 65658.7. (a) (1) Before submitting an application for an 2 adaptive reuse project pursuant to Section 65658.5 for a structure 3 that is more than 50 years old and not listed on a local, state, or 4 federal register of historic resources, the development proponent 5 shall submit to the local government a notice of its intent to submit 6 an application. The notice of intent shall be in the form of a 7 preliminary application that includes all of the information 8 described in Section 65941.1. 9 (2) Upon receipt of a notice of intent to submit an application 10 described in subdivision (a), the local government shall evaluate 11 the project site for historical resources. The local government shall 12 make a historic resource significance determination within 90 days 13 of submission of the notice of intent for purposes of paragraph (1) 14 of subdivision (b) of Section 65658.5. 15 (b) If the adaptive reuse project is proposed for an existing 16 building that is listed on a local, state, or federal register of historic 17 resources or if the local government has determined that the project 18 site is a significant historic resource pursuant to subdivision (a), 19 the adaptive reuse project proponent shall sign an affidavit 20 declaring that the project will only move forward if it complies 21 with either of the following: 22 (1) The United States Secretary of the Interior's Standards for 23 Rehabilitation, as found in Part 67 of Title 36 of the Code of 24 Federal Regulations. 25 (2) The project is awarded federal historic rehabilitation tax 26 credits pursuant to Section 47 of Internal Revenue Code, or state 27 historic rehabilitation tax credits pursuant to Section 17053.91 or 28 23691 of the Revenue and Taxation Code. 29 (c) (1) Notwithstanding subdivision (b), if the adaptive reuse 30 project is proposed for a site that is listed on a local, state, or federal 31 historic register and the adaptive reuse project proponent does not 32 sign an affidavit pursuant to subdivision (b), the local government 33 shall process the adaptive reuse project pursuant to Section 34 65658.5, but the local government may deny or conditionally 35 approve the project if the local government makes a finding that 36 the project will cause a significant adverse impact to historic 37 resources. A local agency may impose conditions of approval to 38 mitigate impacts to historic resources and to comply with the 39 United States Secretary of the Interior's Standards for 40 Rehabilitation, as found in Part 67 of Title 36 of the Code of 99 Packet Pg. 83 11— AB 3068 1 Federal Regulations, but shall not impose other conditions of 2 approval. 3 (2) Review of an adaptive reuse project pursuant to this section 4 shall not constitute a "project" for purposes of Division 13 5 (commencing with Section 21000) of the Public Resources Code. 6 65658.8. (a) (1) Notwithstanding any local law, if a local 7 government's planning director or equivalent position determines 8 that an adaptive reuse project submitted pursuant to this article is 9 consistent with the objective planning standards specified in 10 Section 65658.5 and Section 65658.6, if applicable, the local 11 government shall approve the adaptive reuse project. Upon a 12 determination that an adaptive reuse project submitted pursuant 13 to this section is in conflict with any of the objective planning 14 standards specified in Section 65658.5 or Section 65658.6, if 15 applicable, the local government staff or relevant local planning 16 and permitting department that made the determination shall 17 provide the development proponent written documentation of 18 which standard or standards the development conflicts with, and 19 an explanation for the reason or reasons the development conflicts 20 with that standard or standards, as follows: 21 (A) Within 60 days of submittal of the adaptive reuse project 22 to the local government pursuant to this section if the project 23 contains 150 or fewer housing units. 24 (B) Within 90 days of submittal of the adaptive reuse project 25 to the local government pursuant to this section if the project 26 contains more than 150 housing units. 27 (2) If the local government's planning director or equivalent 28 position fails to provide the required documentation pursuant to 29 paragraph (1), the adaptive reuse project shall be deemed to satisfy 30 the objective planning standards specified in Section 65658.5 and 31 Section 65658.6, if applicable. 32 (3) For purposes of this section, an adaptive reuse project is 33 consistent with the objective planning standards specified in 34 Section 65658.5 and Section 65658.6, if applicable, if there is 35 substantial evidence that would allow a reasonable person to 36 conclude that the project is consistent with the objective planning 37 standards. The local government shall not determine that an 38 adaptive reuse project, including an application for a modification 39 under subdivision (f), is in conflict with the objective planning 40 standards on the basis that application materials are not included, 99 Packet Pg. 84 AB 3068 —12 — 1 if the application contains substantial evidence that would allow 2 a reasonable person to conclude that the project is consistent with 3 the objective planning standards. 4 (4) Upon submittal of an application for streamlined, ministerial 5 approval pursuant to this section to the local government, all 6 departments of the local government that are required to issue an 7 approval of the adaptive reuse project before the granting of an 8 entitlement shall comply with the requirements of this section 9 within the time periods specified in paragraph (1). 10 (b) (1) Any design review of the adjacent portion of the project 11 may be conducted by the local government's planning commission 12 or any equivalent board or commission responsible for design 13 review. That design review shall be objective and be strictly 14 focused on assessing compliance with criteria required for 15 streamlined projects. That design review shall be completed, and 16 if the project is consistent with all objective standards, the local 17 government shall approve the project as follows and shall not in 18 any way inhibit, chill, or preclude the ministerial approval provided 19 by this article or its effect, as applicable: 20 (A) Within 90 days of submittal of the adaptive reuse project 21 to the local government pursuant to this section if the project 22 contains 150 or fewer housing units. 23 (B) Within 180 days of submittal of the qualified adaptive reuse 24 project to the local government pursuant to this section if the 25 project contains more than 150 housing units. 26 (2) If the adaptive reuse project is consistent with the 27 requirements of Section 65658.5 and Section 65658.6, if applicable, 28 and is consistent with all objective subdivision standards in the 29 local subdivision ordinance, an application for a subdivision 30 pursuant to the Subdivision Map Act (Division 2 (commencing 31 with Section 66410)) shall be exempt from the requirements of 32 the California Environmental Quality Act (Division 13 33 (commencing with Section 21000) of the Public Resources Code) 34 and shall be subject to the public oversight timelines set forth in 35 paragraph (1). 36 (3) If a local government determines that an adaptive reuse 37 project submitted pursuant to this article is in conflict with any of 38 the standards imposed pursuant to paragraph (1), it shall provide 39 the project proponent written documentation of which objective 40 standard or standards the adaptive reuse project conflicts with, and 99 Packet Pg. 85 —13 — AB 3068 1 an explanation for the reason or reasons the project conflicts with 2 that objective standard or standards consistent with the timelines 3 described in paragraph (1) of subdivision (a). 4 (c) (1) Notwithstanding any law, a local government, whether 5 or not it has adopted an ordinance governing automobile parking 6 requirements in multifamily developments, shall not impose 7 automobile parking standards for an adjacent portion of the project 8 that was approved pursuant to this article in any of the following 9 instances: 10 (A) The adjacent portion of the project is located within one-half 11 mile of public transit. 12 (B) The adjacent portion of the project is located within an 13 architecturally and historically significant historic district. 14 (C) When on -street parking permits are required but not offered 15 to the occupants of the adjacent portion of the project. 16 (D) When there is a car share vehicle located within one block 17 of the adjacent portion of the project. 18 (2) If the adjacent portion of the project does not fall within any 19 of the categories described in paragraph (1), the local government 20 shall not impose automobile parking requirements for the adjacent 21 portion of the project approved pursuant to this article that exceed 22 one parking space per unit. 23 (d) Notwithstanding any law, a local government shall not 24 require any of the following prior to approving an adaptive reuse 25 project that meets the requirements of this article: 26 (1) Studies, information, or other materials that do not pertain 27 directly to determining whether the adaptive reuse project is 28 consistent with the objective planning standards applicable to the 29 development. 30 (2) (A) Compliance with any standards necessary to receive a 31 postentitlement permit. 32 (B) This paragraph does not prohibit a local agency from 33 requiring compliance with any standards necessary to receive a 34 postentitlement permit after a permit has been issued pursuant to 35 this section. 36 (C) For purposes of this paragraph, "postentitlement permit" 37 has the same meaning as provided in subparagraph (A) of 38 paragraph (3) of subdivision 0) of Section 65913.3. 39 (e) (1) If a local government approves an adaptive reuse project 40 pursuant to this article, then, notwithstanding any other law, that 99 Packet Pg. 86 AB 3068 —14 — 1 approval shall not expire if the project satisfies both of the 2 following requirements: 3 (A) The project includes public investment in housing 4 affordability, beyond tax credits. 5 (B) At least 20 percent of the units are affordable to households 6 making at or below 80 percent of the area median income. 7 (2) (A) If a local government approves an adaptive reuse project 8 pursuant to this article, and the project does not satisfy the 9 requirements of subparagraphs (A) and (B) of paragraph (1), that 10 approval shall remain valid for three years from the date of the 11 final action establishing that approval, or if litigation is filed 12 challenging that approval, from the date of the final judgment 13 upholding that approval. Approval shall remain valid for a project 14 provided construction activity, including demolition and grading 15 activity, on the development site has begun pursuant to a permit 16 issued by the local jurisdiction and is in progress. For purposes of 17 this subdivision, "in progress" means one of the following: 18 (i) Construction has begun and has not ceased for more than 19 180 days. 20 (ii) If the project requires multiple building permits, an initial 21 phase has been completed, and the project proponent has applied 22 for and is diligently pursuing a building permit for a subsequent 23 phase, provided that once it has been issued, the building permit 24 for the subsequent phase does not lapse. 25 (B) Notwithstanding subparagraph (A), a local government may 26 grant a project a one-time, one-year extension if the project 27 proponent can provide documentation that there has been 28 significant progress toward getting the adaptive reuse project 29 construction ready, such as filing a building permit application. 30 (3) If the qualified adaptive reuse project proponent requests a 31 modification pursuant to subdivision (f), then the time during which 32 the approval shall remain valid shall be extended for the number 33 of days between the submittal of a modification request and the 34 date of its final approval, plus an additional 180 days to allow time 35 to obtain a building permit. If litigation is filed relating to the 36 modification request, the time shall be further extended during the 37 pendency of the litigation. The extension required by this paragraph 38 shall only apply to the first request for a modification submitted 39 by the development proponent. 99 Packet Pg. 87 —15 — AB 3068 1 (f) (1) (A) A development proponent may request a 2 modification to a qualified adaptive reuse project that has been 3 approved under the streamlined approval process provided in this 4 article if that request is submitted to the local government before 5 the issuance of the final building permit required for construction 6 of the adaptive reuse project. 7 (B) Except as provided in paragraph (3), the local government 8 shall approve a modification if it determines that the modification 9 is consistent with the objective planning standards specified in 10 subdivision (a) that were in effect when the original adaptive reuse 11 project application was first submitted. 12 (C) The local government shall evaluate any modifications 13 requested pursuant to this subdivision for consistency with the 14 objective planning standards using the same assumptions and 15 analytical methodology that the local government originally used 16 to assess consistency for the adaptive reuse project that was 17 approved for streamlined, ministerial approval pursuant to 18 subdivision (a). 19 (2) Upon receipt of the adaptive reuse project proponent's 20 application requesting a modification, the local government shall 21 determine if the requested modification is consistent with the 22 objective planning standard and either approve or deny the 23 modification request within 60 days after submission of the 24 modification, or within 90 days if design review is required. 25 (3) Notwithstanding paragraph (1), the local government may 26 apply objective planning standards to an adjacent portion of the 27 project adopted after the project application was first submitted to 28 the requested modification in any of the following instances: 29 (A) The adjacent portion of the project is revised such that the 30 total number of residential units or total square footage of 31 construction changes by 15 percent or more. The calculation of 32 the square footage of construction changes shall not include 33 underground space. 34 (B) The adjacent portion of the project is revised such that the 35 total number of residential units or total square footage of 36 construction changes by 5 percent or more and it is necessary to 37 subject the project to an objective standard beyond those in effect 38 when the project application was submitted in order to mitigate or 39 avoid a specific, adverse impact, as that term is defined in 40 subparagraph (A) of paragraph (1) of subdivision 0) of Section 99 Packet Pg. 88 AB 3068 —16 — 1 65589.5, upon the public health or safety and there is no feasible 2 alternative method to satisfactorily mitigate or avoid the adverse 3 impact. The calculation of the square footage of construction 4 changes shall not include underground space. 5 (C) Objective building standards contained in the California 6 Building Standards Code (Title 24 of the California Code of 7 Regulations), including, but not limited to, building plumbing, 8 electrical, fire, and grading codes, may be applied to all 9 modification applications that are submitted prior to the first 10 building permit application. Those standards may be applied to 11 modification applications submitted after the first building permit 12 application if agreed to by the development proponent. 13 (4) The local government's review of a modification request 14 pursuant to this subdivision shall be strictly limited to determining 15 whether the modification, including any modification to previously 16 approved density bonus concessions or waivers, modify the 17 project's consistency with the objective planning standards and 18 shall not reconsider prior determinations that are not affected by 19 the modification. 20 65658.9. (a) A local government shall issue a subsequent 21 permit required for an adaptive reuse project approved under this 22 article if the application substantially complies with the project as 23 it was approved pursuant to Section 65658.8. Upon receipt of an 24 application for a subsequent permit, the local government shall 25 process the permit without unreasonable delay and shall not impose 26 any procedure or requirement that is not imposed on projects that 27 are not approved pursuant to this article. The local government 28 shall consider the application for subsequent permits based upon 29 the applicable objective standards specified in any state or local 30 laws that were in effect when the original adaptive reuse project 31 application was submitted, unless the proponent agrees to a change 32 in objective standards. Issuance of subsequent permits shall 33 implement the approved project, and review of the permit 34 application shall not inhibit, chill, or preclude the adaptive reuse 35 project. For purposes of this paragraph, a "subsequent permit" 36 means a permit required subsequent to receiving approval under 37 subdivision (a) of Section 65658.8, and includes, but is not limited 38 to, demolition, grading, encroachment, and building permits and 39 final maps, if necessary. 99 Packet Pg. 89 —17 — AB 3068 1 (b) (1) If a public improvement is necessary to implement a 2 project subject to this article, including, but not limited to, a bicycle 3 lane, sidewalk or walkway, public transit stop, driveway, street 4 paving or overlay, a curb or gutter, a modified intersection, a street 5 sign or street light, landscape or hardscape, an above -ground or 6 underground utility connection, a water line, fire hydrant, storm 7 or sanitary sewer connection, retaining wall, and any related work, 8 and that public improvement is located on land owned by the local 9 government, to the extent that the public improvement requires 10 approval from the local government, the local government shall 11 not exercise its discretion over any approval relating to the public 12 improvement in a manner that would inhibit, chill, or preclude the 13 project. 14 (2) If an application for a public improvement described in 15 paragraph (1) is submitted to a local government, the local 16 government shall do all of the following: 17 (A) Consider the application based upon any objective standards 18 specified in any state or local laws that were in effect when the 19 original adaptive reuse project application was submitted. 20 (B) Conduct its review and approval in the same manner as it 21 would evaluate the public improvement if required by a project 22 that is not eligible to receive ministerial or streamlined approval 23 pursuant to this section. 24 (3) If an application for a public improvement described in 25 paragraph (1) is submitted to a local government, the local 26 government shall not do either of the following: 27 (A) Adopt or impose any requirement that applies to a project 28 solely or partially on the basis that the project is eligible to receive 29 ministerial or streamlined approval pursuant to this article. 30 (B) Unreasonably delay in its consideration, review, or approval 31 of the application. 32 65658.10. (a) A local government shall not adopt or impose 33 any requirement, including, but not limited to, increased fees or 34 inclusionary housing requirements, that applies to a project solely 35 or partially on the basis that the project is eligible to receive 36 ministerial or streamlined approval pursuant to this article. 37 (b) This article shall not affect a project proponent's ability to 38 use any alternative streamlined by right permit processing adopted 39 by a local government. 99 Packet Pg. 90 AB 3068 —18 — 1 (c) This article shall not prevent a project from also qualifying 2 as a housing development project entitled to the protections of 3 Section 65589.5. 4 (d) Alterations to an existing building necessary to comply with 5 the California Building Standards Code, International Existing 6 Building Code, or California Historical Building Code shall not 7 disqualify a qualified adaptive reuse project from the streamlined, 8 ministerial review process established under this article. 9 10 PART 3. IMPACT FEES 11 12 65658.15. (a) Notwithstanding any other law, an adaptive 13 reuse project shall be exempt from all impact fees that are not 14 directly related to the impacts resulting from the change of use of 15 the site from nonresidential to residential or mixed use. Any fees 16 charged shall be proportional to the difference in impacts caused 17 by the change of use. 18 (b) This section shall not apply to any adjacent portion of the 19 project. 20 65658.16. Notwithstanding Chapter 5 (commencing with 21 Section 66000), any impact fees imposed on an adaptive reuse 22 project pursuant to this article shall, at the request of the project 23 proponent, be collected on the date the certificate of occupancy is 24 issued. 25 65658.17. (a) An adaptive reuse project proponent that utilizes 26 Section 65658.16 shall be required to execute a contract to pay the 27 fees, or applicable portion thereof, within the time specified. 28 (b) The obligation to pay the fees pursuant to this part shall 29 inure to the benefit of, and be enforceable by, the local government 30 that imposed the fee or charge, regardless of whether it is a party 31 to the contract. The contract shall contain a legal description of 32 the property affected, shall be recorded in the office of the county 33 recorder of the county and, from the date of recordation, shall 34 constitute a lien for the payment of the fees, which shall be 35 enforceable against successors in interest to the property owner or 36 lessee at the time of issuance of the building permit. The contract 37 shall be recorded in the grantor -grantee index in the name of the 38 public agency issuing the building permit as grantee and in the 39 name of the property owner or lessee as grantor. The local 40 government shall record a release of the obligation, containing a 99 Packet Pg. 91 —19 — AB 3068 1 legal description of the property, in the event the obligation is paid 2 in full, or a partial release in the event the fee or charge is prorated. 3 (c) The contract executed pursuant to subdivision (a) may 4 require the property owner or lessee to provide appropriate 5 notification of the opening of any escrow for the sale of the 6 property for which the building permit was issued and to provide 7 in the escrow instructions that the fee or charge be paid to the local 8 government imposing the same from the sale proceeds in escrow 9 prior to disbursing proceeds to the seller. 10 SEC. 3. Section 65585 of the Government Code is amended 11 to read: 12 65585. (a) In the preparation of its housing element, each city 13 and county shall consider the guidelines adopted by the department 14 pursuant to Section 50459 of the Health and Safety Code. Those 15 guidelines shall be advisory to each city or county in the 16 preparation of its housing element. 17 (b) (1) At least 90 days prior to adoption of a revision of its 18 housing element pursuant to subdivision (e) of Section 65588, or 19 at least 60 days prior to the adoption of a subsequent amendment 20 to this element, the planning agency shall submit a draft element 21 revision or draft amendment to the department. The local 22 government of the planning agency shall make the first draft 23 revision of a housing element available for public comment for at 24 least 30 days and, if any comments are received, the local 25 government shall take at least 10 business days after the 30-day 26 public comment period to consider and incorporate public 27 comments into the draft revision prior to submitting it to the 28 department. For any subsequent draft revision, the local 29 government shall post the draft revision on its internet website and 30 shall email a link to the draft revision to all individuals and 31 organizations that have previously requested notices relating to 32 the local government's housing element at least seven days before 33 submitting the draft revision to the department. 34 (2) The planning agency staff shall collect and compile the 35 public comments regarding the housing element received by the 36 city, county, or city and county and provide these comments to 37 each member of the legislative body before it adopts the housing 38 element. 39 (3) The department shall review the draft and report its written 40 findings to the planning agency within 90 days of its receipt of the 99 Packet Pg. 92 AB 3068 — 20 — 1 first draft submittal for each housing element revision pursuant to 2 subdivision (e) of Section 65588 or within 60 days of its receipt 3 of a subsequent draft amendment or an adopted revision or adopted 4 amendment to an element. The department shall not review the 5 first draft submitted for each housing element revision pursuant 6 to subdivision (e) of Section 65588 until the local government has 7 made the draft available for public comment for at least 30 days 8 and, if comments were received, has taken at least 10 business 9 days to consider and incorporate public comments pursuant to 10 paragraph (1). 11 (c) In the preparation of its findings, the department may consult 12 with any public agency, group, or person. The department shall 13 receive and consider any written comments from any public 14 agency, group, or person regarding the draft or adopted element 15 or amendment under review. 16 (d) In its written findings, the department shall determine 17 whether the draft element or draft amendment substantially 18 complies with this article. 19 (e) Prior to the adoption of its draft element or draft amendment, 20 the legislative body shall consider the findings made by the 21 department. If the department's findings are not available within 22 the time limits set by this section, the legislative body may act 23 without them. 24 (f) If the department finds that the draft element or draft 25 amendment does not substantially comply with this article, the 26 legislative body shall take one of the following actions: 27 (1) Change the draft element or draft amendment to substantially 28 comply with this article. 29 (2) Adopt the draft element or draft amendment without changes. 30 The legislative body shall include in its resolution of adoption 31 written findings that explain the reasons the legislative body 32 believes that the draft element or draft amendment substantially 33 complies with this article despite the findings of the department. 34 (g) Promptly following the adoption of its element or 35 amendment, the planning agency shall submit a copy to the 36 department. 37 (h) The department shall, within 60 days, review adopted 38 housing elements or amendments and report its findings to the 39 planning agency. 99 Packet Pg. 93 — 21— AB 3068 1 (i) (1) (A) The department shall review any action or failure 2 to act by the city, county, or city and county that it determines is 3 inconsistent with an adopted housing element or Section 65583, 4 including any failure to implement any program actions included 5 in the housing element pursuant to Section 65583. The department 6 shall issue written findings to the city, county, or city and county 7 as to whether the action or failure to act substantially complies 8 with this article, and provide a reasonable time no longer than 30 9 days for the city, county, or city and county to respond to the 10 findings before taking any other action authorized by this section, 11 including the action authorized by subparagraph (B). 12 (B) If the department finds that the action or failure to act by 13 the city, county, or city and county does not substantially comply 14 with this article, and if it has issued findings pursuant to this section 15 that an amendment to the housing element substantially complies 16 with this article, the department may revoke its findings until it 17 determines that the city, county, or city and county has come into 18 compliance with this article. 19 (2) The department may consult with any local government, 20 public agency, group, or person, and shall receive and consider 21 any written comments from any public agency, group, or person, 22 regarding the action or failure to act by the city, county, or city 23 and county described in paragraph (1), in determining whether the 24 housing element substantially complies with this article. 25 0) The department shall notify the city, county, or city and 26 county and may notify the office of the Attorney General that the 27 city, county, or city and county is in violation of state law if the 28 department finds that the housing element or an amendment to this 29 element, or any action or failure to act described in subdivision 30 (i), does not substantially comply with this article or that any local 31 government has taken an action in violation of the following: 32 (1) Housing Accountability Act (Section 65589.5). 33 (2) Section 65863. 34 (3) Chapter 4.3 (commencing with Section 65915). 35 (4) Section 65008. 36 (5) Housing Crisis Act of 2019 (Chapter 654, Statutes of 2019, 37 Sections 65941.1, 65943, and 66300). 38 (6) Section 8899.50. 39 (7) Section 65913.4. 40 (8) Article 11 (commencing with Section 65650). 99 Packet Pg. 94 AB 3068 —22— 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 (9) (10) (11) (12) (13) (14) (15) (16) (17) (18) (19) (20) (21) (22) (23) 12. Article 12 (commencing with Section 65660). Section 65913.11. Section 65400. Section 65863.2. Chapter 4.1 (commencing with Section 65912.100). Section 65905.5. Section 65852.2. Section 65852.21. Section 65852.22. Section 65852.23. Section 65852.24. Section 65852.26. Section 66411.7. Section 65913.16. Article 2 (commencing with Section 66300.5) of Chapter (24) Section 65852.28. (25) Section 65913.4.5. (26) Section 66499.41. (27) Article 11.5 (commencing with Section 65658). (k) Commencing July 1, 2019, prior to the Attorney General bringing any suit for a violation of the provisions identified in subdivision 0) related to housing element compliance and seeking remedies available pursuant to this subdivision, the department shall offer the jurisdiction the opportunity for two meetings in person or via telephone to discuss the violation, and shall provide the jurisdiction written findings regarding the violation. This paragraph does not affect any action filed prior to the effective date of this section. The requirements set forth in this subdivision do not apply to any suits brought for a violation or violations of paragraphs (1) and (3) to (9), inclusive, of subdivision 0). (l) In any action or special proceeding brought by the Attorney General relating to housing element compliance pursuant to a notice or referral under subdivision 0), the Attorney General may request, upon a finding of the court that the housing element does not substantially comply with the requirements of this article pursuant to this section, that the court issue an order or judgment directing the jurisdiction to bring its housing element into substantial compliance with the requirements of this article. The court shall retain jurisdiction to ensure that its order or judgment 99 Packet Pg. 95 — 23 — AB 3068 1 is carried out. If a court determines that the housing element of 2 the jurisdiction substantially complies with this article, it shall 3 have the same force and effect, for purposes of eligibility for any 4 financial assistance that requires a housing element in substantial 5 compliance and for purposes of any incentives provided under 6 Section 65589.9, as a determination by the department that the 7 housing element substantially complies with this article. 8 (1) If the jurisdiction has not complied with the order or 9 judgment after 12 months, the court shall conduct a status 10 conference. Following the status conference, upon a determination 11 that the jurisdiction failed to comply with the order or judgment 12 compelling substantial compliance with the requirements of this 13 article, the court shall impose fines on the jurisdiction, which shall 14 be deposited into the Building Homes and Jobs Trust Fund. Any 15 fine levied pursuant to this paragraph shall be in a minimum 16 amount of ten thousand dollars ($10,000) per month, but shall not 17 exceed one hundred thousand dollars ($100,000) per month, except 18 as provided in paragraphs (2) and (3). In the event that the 19 jurisdiction fails to pay fines imposed by the court in full and on 20 time, the court may require the Controller to intercept any available 21 state and local funds and direct such funds to the Building Homes 22 and Jobs Trust Fund to correct the jurisdiction's failure to pay. 23 The intercept of the funds by the Controller for this purpose shall 24 not violate any provision of the California Constitution. 25 (2) If the jurisdiction has not complied with the order or 26 judgment after three months following the imposition of fees 27 described in paragraph (1), the court shall conduct a status 28 conference. Following the status conference, if the court finds that 29 the fees imposed pursuant to paragraph (1) are insufficient to bring 30 the jurisdiction into compliance with the order or judgment, the 31 court may multiply the fine determined pursuant to paragraph (1) 32 by a factor of three. In the event that the jurisdiction fails to pay 33 fines imposed by the court in full and on time, the court may 34 require the Controller to intercept any available state and local 35 funds and direct such funds to the Building Homes and Jobs Trust 36 Fund to correct the jurisdiction's failure to pay. The intercept of 37 the funds by the Controller for this purpose shall not violate any 38 provision of the California Constitution. 39 (3) If the jurisdiction has not complied with the order or 40 judgment six months following the imposition of fees described 99 Packet Pg. 96 AB 3068 — 24 — 1 in paragraph (1), the court shall conduct a status conference. Upon 2 a determination that the jurisdiction failed to comply with the order 3 or judgment, the court may impose the following: 4 (A) If the court finds that the fees imposed pursuant to 5 paragraphs (1) and (2) are insufficient to bring the jurisdiction into 6 compliance with the order or judgment, the court may multiply 7 the fine determined pursuant to paragraph (1) by a factor of six. 8 In the event that the jurisdiction fails to pay fines imposed by the 9 court in full and on time, the court may require the Controller to 10 intercept any available state and local funds and direct such funds 11 to the Building Homes and Jobs Trust Fund to correct the 12 jurisdiction's failure to pay. The intercept of the funds by the 13 Controller for this purpose shall not violate any provision of the 14 California Constitution. 15 (B) The court may order remedies available pursuant to Section 16 564 of the Code of Civil Procedure, under which the agent of the 17 court may take all governmental actions necessary to bring the 18 jurisdiction's housing element into substantial compliance pursuant 19 to this article in order to remedy identified deficiencies. The court 20 shall determine whether the housing element of the jurisdiction 21 substantially complies with this article and, once the court makes 22 that determination, it shall have the same force and effect, for all 23 purposes, as the department's determination that the housing 24 element substantially complies with this article. An agent appointed 25 pursuant to this paragraph shall have expertise in planning in 26 California. 27 (4) This subdivision does not limit a court's discretion to apply 28 any and all remedies in an action or special proceeding for a 29 violation of any law identified in subdivision 0). 30 (m) In determining the application of the remedies available 31 under subdivision (�, the court shall consider whether there are 32 any mitigating circumstances delaying the jurisdiction from coming 33 into compliance with state housing law. The court may consider 34 whether a city, county, or city and county is making a good faith 35 effort to come into substantial compliance or is facing substantial 36 undue hardships. 37 (n) Nothing in this section shall limit the authority of the office 38 of the Attorney General to bring a suit to enforce state law in an 39 independent capacity. The office of the Attorney General may seek 99 Packet Pg. 97 — 25 — AB 3068 1 all remedies available under law including those set forth in this 2 section. 3 (o) Notwithstanding Sections 11040 and 11042, if the Attorney 4 General declines to represent the department in any action or 5 special proceeding brought pursuant to a notice or referral under 6 subdivision 0), the department may appoint or contract with other 7 counsel for purposes of representing the department in the action 8 or special proceeding. 9 (p) Notwithstanding any other provision of law, the statute of 10 limitations set forth in subdivision (a) of Section 338 of the Code 11 of Civil Procedure shall apply to any action or special proceeding 12 brought by the office of the Attorney General or pursuant to a 13 notice or referral under subdivision 0), or by the department 14 pursuant to subdivision (o). 15 SEC. 4. No reimbursement is required by this act pursuant to 16 Section 6 of Article XIIIB of the California Constitution because 17 a local agency or school district has the authority to levy service 18 charges, fees, or assessments sufficient to pay for the program or 19 level of service mandated by this act or because costs that may be 20 incurred by a local agency or school district will be incurred 21 because this act creates a new crime or infraction, eliminates a 22 crime or infraction, or changes the penalty for a crime or infraction, 23 within the meaning of Section 17556 of the Government Code, or 24 changes the definition of a crime within the meaning of Section 6 25 of Article XIII B of the California Constitution. X 99 Packet Pg. 98 CALIFORNIA LEGISLATURE-2023-24 REGULAR SESSION ASSEMBLY BILL No. 3109 Introduced by Assembly Members Muratsuchi and Pacheco February 16, 2024 An act 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 crimes. LEGISLATIVE COUNSEL'S DIGEST AB 3109, as introduced, Muratsuchi. Theft. (1) Existing law, the Safe Neighborhoods and Schools Act, enacted as an initiative statute by Proposition 47, as approved by the electors at the November 4, 2014, statewide general election, makes the theft of money, labor, or property petty theft punishable as a misdemeanor whenever the value of the property taken does not exceed $950 and grand theft when the value exceeds $950. Proposition 47 requires shoplifting, defined as entering a commercial establishment with the intent to commit larceny if the value of the property taken does not exceed $950, to be punished as a misdemeanor. The bill would, if a person has one conviction for a specified theft offense, make a second or subsequent conviction punishable by imprisonment in the county jail not exceeding one year, or 16 months, or 2 or 3 years. (2) Existing law, until January 1, 2026, authorizes a city or county prosecuting authority or county probation department to create a diversion or deferred entry of judgment program for persons who commit a theft offense or repeat theft offenses, as specified. This bill would, commencing January 1, 2026, authorize a city or county prosecuting authority or county probation department to create U Packet Pg. 99 AB 3109 —2— a diversion program for persons who commit theft or repeat theft offenses, as specified. (3) 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. 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 666.1 is added to the Penal Code, to read: 2 666.1. (a) (1) Notwithstanding any other law, if a person has 3 one conviction for any of the offenses listed in paragraph (2) and 4 is convicted of a second or subsequent offense, the second or 5 subsequent conviction is punishable by imprisonment in the county 6 jail not exceeding one year or pursuant to subdivision (h) of Section 7 1170. 8 (2) This section applies to the following offenses: 9 (A) Petty theft, as described in Section 488. 10 (B) Grand theft, as described in Section 487. 11 (C) Shoplifting, as described in Section 459.5. 12 SEC. 2. Chapter 2.97 (commencing with Section 1001.98) is 13 added to Title 6 of Part 2 of the Penal Code, to read: 14 15 CHAPTER 2.97. THEFT CRIMES DIVERSION 16 17 1001.98. (a) The city or county prosecuting attorney or county 18 probation department may create a diversion program pursuant to 19 this section for persons who commit a theft offense or repeat theft 20 offenses. The program may be conducted by the prosecuting 21 attorney's office or the county probation department. 22 (b) Except as provided in subdivision (e), this chapter does not 23 limit the power of the prosecuting attorney to prosecute theft or 24 repeat theft. 25 (c) If a county creates a diversion or deferred entry of judgment 26 program for individuals committing theft or repeat theft offenses, 27 on receipt of a case or at arraignment, the prosecuting attorney 28 shall either refer the case to the county probation department to 29 conduct a prefiling investigation report to assess the 99 Packet Pg. 100 — 3 — AB 3109 1 appropriateness of program placement or, if the prosecuting 2 attorney's office operates the program, determine if the case is one 3 that is appropriate to be referred to the program. In determining 4 whether to refer a case to the program, the probation department 5 or prosecuting attorney shall consider, but is not limited to, all of 6 the following factors: 7 (1) Any prefiling investigation report conducted by the county 8 probation department or nonprofit contract agency operating the 9 program that evaluates the individual's risk and needs and the 10 appropriateness of program placement. 11 (2) If the person demonstrates a willingness to engage in 12 community service, restitution, or other mechanisms to repair the 13 harm caused by the criminal activity and address the underlying 14 drivers of the criminal activity. 15 (3) If a risk and needs assessment identifies underlying substance 16 abuse or mental health needs or other drivers of criminal activity 17 that can be addressed through the diversion or deferred entry of 18 judgment program. 19 (4) If the person has a violent or serious prior criminal record 20 or has previously been referred to a diversion program and failed 21 that program. 22 (5) Any relevant information concerning the efficacy of the 23 program in reducing the likelihood of participants committing 24 future offenses. 25 (d) On referral of a case to the program, a notice shall be 26 provided to the person alleged to have committed the offense with 27 both of the following information: 28 (1) The date by which the person must contact the diversion 29 program or deferred entry of judgment program in the manner 30 designated by the supervising agency. 31 (2) A statement of the penalty for the offense or offenses with 32 which that person has been charged. 33 (e) The prosecuting attorney may enter into a written agreement 34 with the person to refrain from, or defer, prosecution on the offense 35 or offenses on the following conditions: 36 (1) Completion of the program requirements such as community 37 service or courses reasonably required by the prosecuting attorney. 38 (2) Making adequate restitution or an appropriate substitute for 39 restitution to the victim. 40 (f) This chapter shall become operative on January 1, 2026. 99 Packet Pg. 101 AB 3109 — 4 — 1 SEC. 3. This act amends the Safe Neighborhoods and Schools 2 Act, an initiative statute approved by the voters at the November 3 4, 2014, statewide general election as Proposition 47, and shall 4 become effective only when submitted to and approved by the 5 voters. The Secretary of State shall submit Section 1 of this act for 6 approval by the voters at a statewide election in accordance with 7 Section 9040 of the Elections Code. x 99 Packet Pg. 102 CALIFORNIA LEGISLATURE-2023-24 REGULAR SESSION ASSEMBLY BILL No. 3171 Introduced by Assembly Member Soria February 16, 2024 An act to amend Sections 11351 and 11352 of the Health and Safety Code, relating to controlled substances. LEGISLATIVE COUNSEL'S DIGEST AB 3171, as introduced, Soria. Controlled substances: fentanyl. Existing law classifies controlled substances into 5 schedules and places the greatest restrictions and penalties on the use of those substances placed in Schedule I. Existing law classifies the drug fentanyl in Schedule II. Existing law makes possession of a controlled substance for the purposes of sale of the substance punishable by imprisonment in a county jail for a period of 2, 3, or 4 years. Existing law makes transportation and sales of a controlled substances punishable by imprisonment in a county jail for a period of 3, 4, or 5 years and transportation to a noncontiguous county within the state punishable by imprisonment in a county jail for a period of 3, 6, or 9 years. This bill would increase the above -described penalties, as specified, if the controlled substance involved was more than more than 28.35 grams of fentanyl, more than 28.35 grams of an analog of fentanyl, a substance containing more than 2 8.3 5 grams of fentanyl, or a substance containing more than 28.35 grams of an analog of fentanyl. By increasing the penalty for a 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. u Packet Pg. 103 AB 3171 —2— 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 11351 of the Health and Safety Code is 2 amended to read: 3 11351. (a) Except as provided in subdivision (b) and as 4 otherwise provided in this division, eve a person who possesses 5 for sale or purchases for purposes of sale (1) any controlled 6 substance specified in subdivision (b), (c), or (e) of Section 11054, 7 specified in paragraph (14), (15), or (20) of subdivision (d) of 8 Section 11054, or specified in subdivision (b) or (c) of Section 9 11055, or specified in subdivision (h) of Section 11056, or (2) any 10 controlled substance classified in Schedule III, IV, or V which is 11 a narcotic drug, shall be punished by imprisonment pursuant to 12 subdivision (h) of Section 1170 of the Penal Code for two, three, 13 or four years. 14 (b) Notwithstanding subdivision (a), a person who possesses 15 for sale or purchases for purposes of sale more than 28.35 grams 16 of fentanyl, more than 28.35 grams of an analog of fentanyl, a 17 substance containing more than 28.35 grams of fentanyl, or a 18 substance containing more than 28.35 grams of an analog of 19 fentanyl shall be punished by imprisonment pursuant to subdivision 20 (h) of Section 1170 of the Penal Code for four five, or six years. 21 SEC. 2. Section 11352 of the Health and Safety Code is 22 amended to read: 23 11352. (a) Except as provided in subdivision (c) and as 24 otherwise provided in this division, eve a person who transports, 25 imports into this state, sells, furnishes, administers, or gives away, 26 or offers to transport, import into this state, sell, furnish, administer, 27 or give away, or attempts to import into this state or transport (1) 28 any controlled substance specified in subdivision (b), (c), or (e), 29 or paragraph (1) of subdivision (f) of Section 11054, specified in 30 paragraph (14), (15), or (20) of subdivision (d) of Section 11054, 31 or specified in subdivision (b) or (c) of Section 11055, or specified 32 in subdivision (h) of Section 11056, or (2) any controlled substance 33 classified in Schedule III, IV, or V which is a narcotic drug, unless 99 Packet Pg. 104 — 3 — AB 3171 1 upon the written prescription of a physician, dentist, podiatrist, or 2 veterinarian licensed to practice in this state, shall be punished by 3 imprisonment pursuant to subdivision (h) of Section 1170 of the 4 Penal Code for three, four, or five years. 5 (b) Notwithstanding the penalty provisions of subdivision -(a)-, 6 a" (a) and except as provided in paragraph (2) of subdivision 7 (c), a person who transports any controlled substances specified 8 in subdivision (a) within this state from one county to another 9 noncontiguous county shall be punished by imprisonment pursuant 10 to subdivision (h) of Section 1170 of the Penal Code for three, six, 11 or nine years. 12 (c) (1) Notwithstanding subdivision (a), a person who 13 transports, imports into this state, sells, furnishes, administers, or 14 gives away, or offers to transport, import into this state, sell, 15 furnish, administer, or give away, or attempts to import into this 16 state or transport more than 28.35 grams offentanyl, more than 17 28.35 grams of an analog offentanyl, a substance containing more 18 than 28.35 grams offentanyl, or a substance containing more than 19 28.35 grams of an analog of fentanyl shall be punished by 20 imprisonment pursuant to subdivision (h) of Section 1170 of the 21 Penal Code for seven, eight, or nine years. 22 (2) Notwithstanding subdivision (b), a person who transports 23 more than 28.35 grams offentanyl, more than 28.35 grams of an 24 analog offentanyl, a substance containing more than 28.35 grams 25 offentanyl, or a substance containing more than 28.35 grams of 26 an analog offentanyl within this statefrom one county to another 27 noncontiguous county shall be punished by imprisonment pursuant 28 to subdivision (h) of Section 1170 of the Penal Code for 7, 10, or 29 13 years. 30 (-e) 31 (d) For purposes of this section, "transports" means to transport 32 for sale. 33 (-d) 34 (e) This section does not preclude or limit the prosecution of 35 an individual for aiding and abetting the commission of, or 36 conspiring to commit, or acting as an accessory to, any act 37 prohibited by this section. 38 SEC. 3. No reimbursement is required by this act pursuant to 39 Section 6 of Article XIIIB of the California Constitution because 40 the only costs that may be incurred by a local agency or school 99 Packet Pg. 105 AB 3171 — 4 — 1 district will be incurred because this act creates a new crime or 2 infraction, eliminates a crime or infraction, or changes the penalty 3 for a crime or infraction, within the meaning of Section 17556 of 4 the Government Code, or changes the definition of a crime within 5 the meaning of Section 6 of Article XIII B of the California 6 Constitution. X 99 Packet Pg. 106 SENATE BILL No. 1211 Introduced by Senator Skinner February 15, 2024 An act to amend Section 65852.2 of the Government Code, relating to land use. LEGISLATIVE COUNSEL'S DIGEST SB 1211, as introduced, Skinner. Land use: accessory dwelling units: Existing law, the Planning and Zoning Law, authorizes a local agency, by ordinance, to provide for the creation of accessory dwelling units (ADUs) in areas zoned for residential use, as specified. Existing law requires ministerial approval of accessory dwelling units, as specified, if the local agency does not adopt an ordinance governing accessory dwelling units, as described. Under existing law, a local agency is also required to ministerially approve an application for a building permit within a residential or mixed -use zone to create any of specified variations of accessory dwelling units. Under existing law, one of those variations requires a local agency to ministerially approve multiple accessory dwelling units within the portion of existing multifamily dwelling structures that are not used as livable space, as described, if each unit complies with state building standards for dwellings. Existing law requires a local agency to allow at least one of those accessory dwelling units within an existing multifamily dwelling and allow up to 25% of the existing multifamily dwelling units (inside dwelling ADU requirements). Under existing law, another variation requires a local agency to ministerially approve not more than 2 accessory dwelling units that are located on a lot that has an existing or proposed multifamily dwelling, but are detached from that dwelling, and are subject to a height limitation m Packet Pg. 107 SB 1211 —2— and rear yard and side setbacks, as specified (detached ADU requirements). For purposes of the detached ADU requirements, this bill would prohibit a local agency from requiring the replacement of parking spaces when a carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of or conversion to an accessory dwelling unit. The bill would also, for purposes of those detached ADU requirements, require a local agency to instead allow 2 detached, new construction accessory dwelling units and allow up to 25% of the existing multifamily dwelling units. The bill would specify that the number of accessory dwelling units allowed under the inside dwelling ADU requirements counts towards the maximum number of accessory dwelling units allowed under the detached ADU requirements. The bill would make conforming changes. By imposing new duties on local governments with respect to the approval of accessory dwelling units, the bill would impose a state -mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: yes. State -mandated local program: yes. The people of the State of California do enact as follows: 1 SECTION 1. Section 65852.2 of the Government Code is 2 amended to read: 3 65852.2. (a) (1) A local agency may, by ordinance, provide 4 for the creation of accessory dwelling units in areas zoned to allow 5 single-family or multifamily dwelling residential use. The 6 ordinance shall do all of the following: 7 (A) Designate areas within the jurisdiction of the local agency 8 where accessory dwelling units may be permitted. The designation 9 of areas may be based on the adequacy of water and sewer services 10 and the impact of accessory dwelling units on traffic flow and 11 public safety. A local agency that does not provide water or sewer 12 services shall consult with the local water or sewer service provider 13 regarding the adequacy of water and sewer services before 99 x a) H m Packet Pg. 108 — 3 — SB 1211 1 designating an area where accessory dwelling units may be 2 permitted. 3 (B) (i) Impose objective standards on accessory dwelling units 4 that include, but are not limited to, parking, height, setback, 5 landscape, architectural review, maximum size of a unit, and 6 standards that prevent adverse impacts on any real property that 7 is listed in the California Register of Historical Resources. These 8 standards shall not include requirements on minimum lot size. 9 (ii) Notwithstanding clause (i), a local agency may reduce or 10 eliminate parking requirements for any accessory dwelling unit 11 located within its jurisdiction. 12 (C) Provide that accessory dwelling units do not exceed the 13 allowable density for the lot upon which the accessory dwelling 14 unit is located, and that accessory dwelling units are a residential 15 use that is consistent with the existing general plan and zoning 16 designation for the lot. 17 (D) Require the accessory dwelling units to comply with all of 18 the following: 19 (i) Except as provided in Section 65852.26 and paragraph (10) 20 of this subdivision, an accessory dwelling unit may be rented 21 separate from the primary residence, but shall not be sold or 22 otherwise conveyed separate from the primary residence. 23 (ii) The lot is zoned to allow single-family or multifamily 24 dwelling residential use and includes a proposed or existing 25 dwelling. 26 (iii) The accessory dwelling unit is either attached to, or located 27 within, the proposed or existing primary dwelling, including 28 attached garages, storage areas or similar uses, or an accessory 29 structure or detached from the proposed or existing primary 30 dwelling and located on the same lot as the proposed or existing 31 primary dwelling, including detached garages. 32 (iv) If there is an existing primary dwelling, the total floor area 33 of an attached accessory dwelling unit shall not exceed 50 percent 34 of the existing primary dwelling. 35 (v) The total floor area for a detached accessory dwelling unit 36 shall not exceed 1,200 square feet. 37 (vi) No passageway shall be required in conjunction with the 38 construction of an accessory dwelling unit. 39 (vii) No setback shall be required for an existing living area or 40 accessory structure or a structure constructed in the same location 99 m Packet Pg. 109 SB 1211 — 4 — 1 and to the same dimensions as an existing structure that is 2 converted to an accessory dwelling unit or to a portion of an 3 accessory dwelling unit, and a setback of no more than four feet 4 from the side and rear lot lines shall be required for an accessory 5 dwelling unit that is not converted from an existing structure or a 6 new structure constructed in the same location and to the same 7 dimensions as an existing structure. 8 (viii) Local building code requirements that apply to detached 9 dwellings, except that the construction of an accessory dwelling 10 unit shall not constitute a Group R occupancy change under the 11 local building code, as described in Section 310 of the California 12 Building Code (Title 24 of the California Code of Regulations), 13 unless the building official or enforcement agency of the local 14 agency makes a written finding based on substantial evidence in 15 the record that the construction of the accessory dwelling unit 16 could have a specific, adverse impact on public health and safety. 17 Nothing in this clause shall be interpreted to prevent a local agency 18 from changing the occupancy code of a space that was unhabitable 19 space or was only permitted for nonresidential use and was 20 subsequently converted for residential use pursuant to this section. 21 (ix) Approval by the local health officer where a private sewage 22 disposal system is being used, if required. 23 (x) (I) Parking requirements for accessory dwelling units shall 24 not exceed one parking space per accessory dwelling unit or per 25 bedroom, whichever is less. These spaces may be provided as 26 tandem parking on a driveway. 27 (II) Offstreet parking shall be permitted in setback areas in 28 locations determined by the local agency or through tandem 29 parking, unless specific findings are made that parking in setback 30 areas or tandem parking is not feasible based upon specific site or 31 regional topographical or fire and life safety conditions. 32 (III) This clause shall not apply to an accessory dwelling unit 33 that is described in subdivision (d). 34 (xi) When a garage, carport, or covered parking structure is 35 demolished in conjunction with the construction of an accessory 36 dwelling unit or converted to an accessory dwelling unit, the local 37 agency shall not require that those offstreet parking spaces be 38 replaced. 39 (xii) Accessory dwelling units shall not be required to provide 40 fire sprinklers if they are not required for the primary residence. 99 m Packet Pg. 110 — 5 — SB 1211 1 The construction of an accessory dwelling unit shall not trigger a 2 requirement for fire sprinklers to be installed in the existing primary 3 dwelling. 4 (2) The ordinance shall not be considered in the application of 5 any local ordinance, policy, or program to limit residential growth. 6 (3) (A) A permit application for an accessory dwelling unit or 7 a junior accessory dwelling unit shall be considered and approved 8 ministerially without discretionary review or a hearing, 9 notwithstanding Section 65901 or 65906 or any local ordinance 10 regulating the issuance of variances or special use permits. The 11 permitting agency shall either approve or deny the application to 12 create or serve an accessory dwelling unit or a junior accessory 13 dwelling unit within 60 days from the date the permitting agency 14 receives a completed application if there is an existing 15 single-family or multifamily dwelling on the lot. If the permit 16 application to create or serve an accessory dwelling unit or a junior 17 accessory dwelling unit is submitted with a permit application to 18 create a new single-family or multifamily dwelling on the lot, the 19 permitting agency may delay approving or denying the permit 20 application for the accessory dwelling unit or the junior accessory 21 dwelling unit until the permitting agency approves or denies the 22 permit application to create the new single-family or multifamily 23 dwelling, but the application to create or serve the accessory 24 dwelling unit or junior accessory dwelling unit shall be considered 25 without discretionary review or hearing. If the applicant requests 26 a delay, the 60-day time period shall be tolled for the period of the 27 delay. If the local agency has not approved or denied the completed 28 application within 60 days, the application shall be deemed 29 approved. A local agency may charge a fee to reimburse it for 30 costs incurred to implement this paragraph, including the costs of 31 adopting or amending any ordinance that provides for the creation 32 of an accessory dwelling unit. 33 (B) If a permitting agency denies an application for an accessory 34 dwelling unit or junior accessory dwelling unit pursuant to 35 subparagraph (A), the permitting agency shall, within the time 36 period described in subparagraph (A), return in writing a full set 37 of comments to the applicant with a list of items that are defective 38 or deficient and a description of how the application can be 39 remedied by the applicant. 99 m Packet Pg. 111 SB 1211 1 (4) The ordinance shall require that a demolition permit for a 2 detached garage that is to be replaced with an accessory dwelling 3 unit be reviewed with the application for the accessory dwelling 4 unit and issued at the same time. 5 (5) The ordinance shall not require, and the applicant shall not 6 be otherwise required, to provide written notice or post a placard 7 for the demolition of a detached garage that is to be replaced with 8 an accessory dwelling unit, unless the property is located within 9 an architecturally and historically significant historic district. 10 (6) An existing ordinance governing the creation of an accessory 11 dwelling unit by a local agency or an accessory dwelling ordinance 12 adopted by a local agency shall provide an approval process that 13 includes only ministerial provisions for the approval of accessory 14 dwelling units and shall not include any discretionary processes, 15 provisions, or requirements for those units, except as otherwise 16 provided in this subdivision. If a local agency has an existing 17 accessory dwelling unit ordinance that fails to meet the 18 requirements of this subdivision, that ordinance shall be null and 19 void and that agency shall thereafter apply the standards established 20 in this subdivision for the approval of accessory dwelling units, 21 unless and until the agency adopts an ordinance that complies with 22 this section. 23 (7) No other local ordinance, policy, or regulation shall be the 24 basis for the delay or denial of a building permit or a use permit 25 under this subdivision. 26 (8) This subdivision establishes the maximum standards that 27 local agencies shall use to evaluate a proposed accessory dwelling 28 unit on a lot that includes a proposed or existing single-family 29 dwelling. No additional standards, other than those provided in 30 this subdivision, shall be used or imposed, including an 31 owner -occupant requirement, except that a local agency may 32 require that the property may be used for rentals of terms 30 days 33 or longer. 34 (9) A local agency may amend its zoning ordinance or general 35 plan to incorporate the policies, procedures, or other provisions 36 applicable to the creation of an accessory dwelling unit if these 37 provisions are consistent with the limitations of this subdivision. 38 (10) In addition to the requirement that a local agency allow the 39 separate sale or conveyance of an accessory dwelling unit pursuant 40 to Section 65852.26, a local agency may also adopt a local 99 m Packet Pg. 112 — 7 — SB 1211 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 ordinance to allow the separate conveyance of the primary dwelling unit and accessory dwelling unit or units as condominiums. Any such ordinance shall include all of the following requirements: (A) The condominiums shall be created pursuant to the Davis -Stirling Common Interest Development Act (Part 5 (commencing with Section 4000) of Division 4 of the Civil Code). (B) The condominiums shall be created in conformance with all applicable objective requirements of the Subdivision Map Act (Division 2 (commencing with Section 66410)) and all objective requirements of a local subdivision ordinance. (C) Before recordation of the condominium plan, a safety inspection of the accessory dwelling unit shall be conducted as evidenced either through a certificate of occupancy from the local agency or a housing quality standards report from a building inspector certified by the United States Department of Housing and Urban Development. (D) (i) Neither a subdivision map nor a condominium plan shall be recorded with the county recorder in the county where the real property is located without each lienholder's consent. The following shall apply to the consent of a lienholder: (I) A lienholder may refuse to give consent. (II) A lienholder may consent provided that any terms and conditions required by the lienholder are satisfied. (ii) Prior to recordation of the initial or any subsequent modifications to the condominium plan, written evidence of the lienholder's consent shall be provided to the county recorder along with a signed statement from each lienholder that states as follows: "(Name of lienholder) hereby consents to the recording of this condominium plan in their sole and absolute discretion and the borrower has or will satisfy any additional terms and conditions the lienholder may have." (iii) The lienholder's consent shall be included on the condominium plan or a separate form attached to the condominium plan that includes the following information: (I) The lienholder's signature. (II) The name of the record owner or ground lessee. (III) The legal description of the real property. 99 x m H m Packet Pg. 113 SB 1211 —8- 1 (IV) The identities of all parties with an interest in the real 2 property as reflected in the real property records. 3 (iv) The lienholder's consent shall be recorded in the office of 4 the county recorder of the county in which the real property is 5 located. 6 (E) The local agency shall include the following notice to 7 consumers on any accessory dwelling or junior accessory dwelling 8 unit submittal checklist or public information issued describing 9 requirements and permitting for accessory dwelling units, including 10 as standard condition of any accessory dwelling unit building 11 permit or condominium plan approval: 12 13 "NOTICE: If you are considering establishing your primary 14 dwelling unit and accessory dwelling unit as a condominium, 15 please ensure that your building permitting agency allows this 16 practice. If you decide to establish your primary dwelling unit and 17 accessory dwelling unit as a condominium, your condominium 18 plan or any future modifications to the condominium plan must 19 be recorded with the County Recorder. Prior to recordation or 20 modification of your subdivision map and condominium plan, any 21 lienholder with a lien on your title must provide a form of written 22 consent either on the condominium plan, or on the lienholder's 23 consent form attached to the condominium plan, with text that 24 clearly states that the lender approves recordation of the 25 condominium plan and that you have satisfied their terms and 26 conditions, if any. 27 In order to secure lender consent, you may be required to follow 28 additional lender requirements, which may include, but are not 29 limited to, one or more of the following: 30 (a) Paying off your current lender. 31 You may pay off your mortgage and any liens through a 32 refinance or a new loan. Be aware that refinancing or using a new 33 loan may result in changes to your interest rate or tax basis. Also, 34 be aware that any subsequent modification to your subdivision 35 map or condominium plan must also be consented to by your 36 lender, which consent may be denied. 37 (b) Securing your lender's approval of a modification to their 38 loan collateral due to the change of your current property legal 39 description into one or more condominium parcels. 99 m Packet Pg. 114 — 9 — SB 1211 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 (c) Securing your lender's consent to the details of any construction loan or ground lease. This may include a copy of the improvement contract entered in good faith with a licensed contractor, evidence that the record owner or ground lessee has the funds to complete the work, and a signed statement made by the record owner or ground lessor that the information in the consent above is true and correct." (F) If an accessory dwelling unit is established as a condominium, the local government shall require the homeowner to notify providers of utilities, including water, sewer, gas, and electricity, of the condominium creation and separate conveyance. (G) (i) The owner of a property or a separate interest within an existing planned development that has an existing association, as defined in Section 4080 of the Civil Code, shall not record a condominium plan to create a common interest development under Section 4100 of the Civil Code without the express written authorization by the existing association. (ii) For purposes of this subparagraph, written authorization by the existing association means approval by the board at a duly noticed board meeting, as defined in Section 4090 of the Civil Code, and if needed pursuant to the existing association's governing documents, membership approval of the existing association. (H) An accessory dwelling unit shall be sold or otherwise conveyed separate from the primary residence only under the conditions outlined in this paragraph or pursuant to Section 65852.26. (11) An accessory dwelling unit that conforms to this subdivision shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located, and shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot. The accessory dwelling unit shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (b) (1) When a local agency that has not adopted an ordinance governing accessory dwelling units in accordance with subdivision (a) receives an application for a permit to create or serve an accessory dwelling unit pursuant to this subdivision, the local 99 Packet Pg. 115 SB 1211 -to- 1 agency shall approve or disapprove the application ministerially 2 without discretionary review pursuant to subdivision (a). The 3 permitting agency shall either approve or deny the application to 4 create or serve an accessory dwelling unit or a junior accessory 5 dwelling unit within 60 days from the date the permitting agency 6 receives a completed application if there is an existing 7 single-family or multifamily dwelling on the lot. If the permit 8 application to create or serve an accessory dwelling unit or a junior 9 accessory dwelling unit is submitted with a permit application to 10 create or serve a new single-family or multifamily dwelling on the 11 lot, the permitting agency may delay approving or denying the 12 permit application for the accessory dwelling unit or the junior 13 accessory dwelling unit until the permitting agency approves or 14 denies the permit application to create or serve the new 15 single-family or multifamily dwelling, but the application to create 16 or serve the accessory dwelling unit or junior accessory dwelling 17 unit shall still be considered ministerially without discretionary 18 review or a hearing. If the applicant requests a delay, the 60-day 19 time period shall be tolled for the period of the delay. If the local 20 agency has not approved or denied the completed application 21 within 60 days, the application shall be deemed approved. 22 (2) If a permitting agency denies an application for an accessory 23 dwelling unit or junior accessory dwelling unit pursuant to 24 paragraph (1), the permitting agency shall, within the time period 25 described in paragraph (1), return in writing a full set of comments 26 to the applicant with a list of items that are defective or deficient 27 and a description of how the application can be remedied by the 28 applicant. 29 (c) (1) Subject to paragraph (2), a local agency may establish 30 minimum and maximum unit size requirements for both attached 31 and detached accessory dwelling units. 32 (2) Notwithstanding paragraph (1), a local agency shall not 33 establish by ordinance any of the following: 34 (A) A minimum square footage requirement for either an 35 attached or detached accessory dwelling unit that prohibits an 36 efficiency unit. 37 (B) A maximum square footage requirement for either an 38 attached or detached accessory dwelling unit that is less than either 39 of the following: 40 (i) 850 square feet. 99 m Packet Pg. 116 11— SB 1211 1 (ii) 1,000 square feet for an accessory dwelling unit that provides 2 more than one bedroom. 3 (C) Any requirement for a zoning clearance or separate zoning 4 review or any other minimum or maximum size for an accessory 5 dwelling unit, size based upon a percentage of the proposed or 6 existing primary dwelling, or limits on lot coverage, floor area 7 ratio, open space, front setbacks, and minimum lot size, for either 8 attached or detached dwellings that does not permit at least an 800 9 square foot accessory dwelling unit with four -foot side and rear 10 yard setbacks to be constructed in compliance with all other local 11 development standards. 12 (D) Any height limitation that does not allow at least the 13 following, as applicable: 14 (i) A height of 16 feet for a detached accessory dwelling unit 15 on a lot with an existing or proposed single family or multifamily 16 dwelling unit. 17 (ii) A height of 18 feet for a detached accessory dwelling unit 18 on a lot with an existing or proposed single family or multifamily 19 dwelling unit that is within one-half of one mile walking distance 20 of a major transit stop or a high -quality transit corridor, as those 21 terms are defined in Section 21155 of the Public Resources Code. 22 A local agency shall also allow an additional two feet in height to 23 accommodate a roof pitch on the accessory dwelling unit that is 24 aligned with the roof pitch of the primary dwelling unit. 25 (iii) A height of 18 feet for a detached accessory dwelling unit 26 on a lot with an existing or proposed multifamily, multistory 27 dwelling. 28 (iv) A height of 25 feet or the height limitation in the local 29 zoning ordinance that applies to the primary dwelling, whichever 30 is lower, for an accessory dwelling unit that is attached to a primary 31 dwelling. This clause shall not require a local agency to allow an 32 accessory dwelling unit to exceed two stories. 33 (d) Notwithstanding any other law, and whether or not the local 34 agency has adopted an ordinance governing accessory dwelling 35 units in accordance with subdivision (a), all of the following shall 36 apply: 37 (1) The local agency shall not impose any parking standards for 38 an accessory dwelling unit in any of the following instances: 39 (A) Where the accessory dwelling unit is located within one-half 40 mile walking distance of public transit. 99 m Packet Pg. 117 SB 1211 —12 — 1 (B) Where the accessory dwelling unit is located within an 2 architecturally and historically significant historic district. 3 (C) Where the accessory dwelling unit is part of the proposed 4 or existing primary residence or an accessory structure. 5 (D) When onstreet parking permits are required but not offered 6 to the occupant of the accessory dwelling unit. 7 (E) When there is a car share vehicle located within one block 8 of the accessory dwelling unit. 9 (F) When a permit application for an accessory dwelling unit 10 is submitted with a permit application to create a new single-family 11 dwelling or a new multifamily dwelling on the same lot, provided 12 that the accessory dwelling unit or the parcel satisfies any other 13 criteria listed in this paragraph. 14 (2) The local agency shall not deny an application for a permit 15 to create an accessory dwelling unit due to the correction of 16 nonconforming zoning conditions, building code violations, or 17 unpermitted structures that do not present a threat to public health 18 and safety and are not affected by the construction of the accessory 19 dwelling unit. 20 (e) (1) Notwithstanding subdivisions (a) to (d), inclusive, a 21 local agency shall ministerially approve an application for a 22 building permit within a residential or mixed -use zone to create 23 any of the following: 24 (A) One accessory dwelling unit and one junior accessory 25 dwelling unit per lot with a proposed or existing single-family 26 dwelling if all of the following apply: 27 (i) The accessory dwelling unit or junior accessory dwelling 28 unit is within the proposed space of a single-family dwelling or 29 existing space of a single-family dwelling or accessory structure 30 and may include an expansion of not more than 150 square feet 31 beyond the same physical dimensions as the existing accessory 32 structure. An expansion beyond the physical dimensions of the 33 existing accessory structure shall be limited to accommodating 34 ingress and egress. 35 (ii) The space has exterior access from the proposed or existing 36 single-family dwelling. 37 (iii) The side and rear setbacks are sufficient for fire and safety. 38 (iv) The junior accessory dwelling unit complies with the 39 requirements of Section 65852.22. 99 m Packet Pg. 118 —13 — SB 1211 1 (B) One detached, new construction, accessory dwelling unit 2 that does not exceed four -foot side and rear yard setbacks for a lot 3 with a proposed or existing single-family dwelling. The accessory 4 dwelling unit may be combined with a junior accessory dwelling 5 unit described in subparagraph (A). A local agency may impose 6 the following conditions on the accessory dwelling unit: 7 (i) A total floor area limitation of not more than 800 square feet. 8 (ii) A height limitation as provided in clause (i), (ii), or (iii) as 9 applicable, of subparagraph (D) of paragraph (2) of subdivision 10 (c). 11 (C) (i) Multiple accessory dwelling units within the portions 12 of existing multifamily dwelling structures that are not used as 13 livable space, including, but not limited to, storage rooms, boiler 14 rooms, passageways, attics, basements, or garages, if each unit 15 complies with state building standards for dwellings. 16 (ii) A local agency shall allow at least one accessory dwelling 17 unit within an existing multifamily dwelling and shall allow up to 18 25 percent of the existing multifamily dwelling units. The number 19 of accessory dwelling units allowed under subparagraph (D) shall 20 count towards the maximum number of accessory dwelling units 21 allowed under this subparagraph. 22 (D) (i) Not more than Multiple accessory dwelling units 23 that are located on a lot that has an existing or proposed multifamily 24 dwelling, but that are detached from that multifamily dwelling and 25 that are subject to a height limitation in clause (i), (ii), or (iii), as 26 applicable, of subparagraph (D) of paragraph (2) of subdivision 27 (c) and rear yard and side setbacks of no more than four feet. 28 (ii) A local agency shall allow at least two detached, new 29 construction, accessory dwelling units pursuant to this 30 subparagraph and shall allow up to 25 percent of the existing 31 multifamily dwelling units. The number of accessory dwelling units 32 allowed under subparagraph (C) shall count towards the maximum 33 number of accessory dwelling units allowed under this 34 subparagraph. 35 36 (iii) If the existing multifamily dwelling has a rear or side 37 setback of less than four feet, the local agency shall not require 38 any modification of the existing multifamily dwelling as a 39 condition of approving the application to construct an accessory 40 dwelling unit that satisfies the requirements of this subparagraph. 99 x m H m Packet Pg. 119 SB 1211 —14 — 1 (iv) When a carport, covered parking structure, or uncovered 2 parking space is demolished in conjunction with the construction 3 of an accessory dwelling unit or converted to an accessory dwelling 4 unit, the local agency shall not require that those offstreet parking 5 spaces be replaced. 6 (2) A local agency shall not require, as a condition for ministerial 7 approval of a permit application for the creation of an accessory 8 dwelling unit or a junior accessory dwelling unit, the correction 9 of nonconforming zoning conditions. 10 (3) The installation of fire sprinklers shall not be required in an 11 accessory dwelling unit if sprinklers are not required for the 12 primary residence. The construction of an accessory dwelling unit 13 shall not trigger a requirement for fire sprinklers to be installed in 14 the existing multifamily dwelling. 15 (4) A local agency shall require that a rental of the accessory 16 dwelling unit created pursuant to this subdivision be for a term 17 longer than 30 days. 18 (5) A local agency may require, as part of the application for a 19 permit to create an accessory dwelling unit connected to an onsite 20 wastewater treatment system, a percolation test completed within 21 the last five years, or, if the percolation test has been recertified, 22 within the last 10 years. 23 (6) Notwithstanding subdivision (c) and paragraph (1) a local 24 agency that has adopted an ordinance by July 1, 2018, providing 25 for the approval of accessory dwelling units in multifamily 26 dwelling structures shall ministerially consider a permit application 27 to construct an accessory dwelling unit that is described in 28 paragraph (1), and may impose objective standards including, but 29 not limited to, design, development, and historic standards on said 30 accessory dwelling units. These standards shall not include 31 requirements on minimum lot size. 32 (f) (1) Fees charged for the construction of accessory dwelling 33 units shall be determined in accordance with Chapter 5 34 (commencing with Section 66000) and Chapter 7 (commencing 35 with Section 66012). 36 (2) An accessory dwelling unit shall not be considered by a 37 local agency, special district, or water corporation to be a new 38 residential use for purposes of calculating connection fees or 39 capacity charges for utilities, including water and sewer service, 99 x m H m Packet Pg. 120 15 — SB 1211 1 unless the accessory dwelling unit was constructed with a new 2 single-family dwelling. 3 (3) (A) A local agency, special district, or water corporation 4 shall not impose any impact fee upon the development of an 5 accessory dwelling unit less than 750 square feet. Any impact fees 6 charged for an accessory dwelling unit of 750 square feet or more 7 shall be charged proportionately in relation to the square footage 8 of the primary dwelling unit. 9 (B) For purposes of this paragraph, "impact fee" has the same 10 meaning as the term "fee" is defined in subdivision (b) of Section 11 66000, except that it also includes fees specified in Section 66477. 12 "Impact fee" does not include any connection fee or capacity 13 charge charged by a local agency, special district, or water 14 corporation. 15 (4) For an accessory dwelling unit described in subparagraph 16 (A) of paragraph (1) of subdivision (e), a local agency, special 17 district, or water corporation shall not require the applicant to 18 install a new or separate utility connection directly between the 19 accessory dwelling unit and the utility or impose a related 20 connection fee or capacity charge, unless the accessory dwelling 21 unit was constructed with a new single-family dwelling, or upon 22 separate conveyance of the accessory dwelling unit pursuant to 23 paragraph (10) of subdivision (a). 24 (5) For an accessory dwelling unit that is not described in 25 subparagraph (A) of paragraph (1) of subdivision (e), a local 26 agency, special district, or water corporation may require a new 27 or separate utility connection directly between the accessory 28 dwelling unit and the utility. Consistent with Section 66013, the 29 connection may be subject to a connection fee or capacity charge 30 that shall be proportionate to the burden of the proposed accessory 31 dwelling unit, based upon either its square feet or the number of 32 its drainage fixture unit (DFU) values, as defined in the Uniform 33 Plumbing Code adopted and published by the International 34 Association of Plumbing and Mechanical Officials, upon the water 35 or sewer system. This fee or charge shall not exceed the reasonable 36 cost of providing this service. 37 (g) This section shall supersede a conflicting local ordinance. 38 This section does not limit the authority of local agencies to adopt 39 less restrictive requirements for the creation of an accessory 40 dwelling unit. 99 m Packet Pg. 121 SB 1211 —16 — 1 (h) (1) A local agency shall submit a copy of the ordinance 2 adopted pursuant to subdivision (a) to the Department of Housing 3 and Community Development within 60 days after adoption. After 4 adoption of an ordinance, the department may submit written 5 findings to the local agency as to whether the ordinance complies 6 with this section. 7 (2) (A) If the department finds that the local agency's ordinance 8 does not comply with this section, the department shall notify the 9 local agency and shall provide the local agency with a reasonable 10 time, no longer than 30 days, to respond to the findings before 11 taking any other action authorized by this section. 12 (B) The local agency shall consider the findings made by the 13 department pursuant to subparagraph (A) and shall do one of the 14 following: 15 (i) Amend the ordinance to comply with this section. 16 (ii) Adopt the ordinance without changes. The local agency 17 shall include findings in its resolution adopting the ordinance that 18 explain the reasons the local agency believes that the ordinance 19 complies with this section despite the findings of the department. 20 (3) (A) If the local agency does not amend its ordinance in 21 response to the department's findings or does not adopt a resolution 22 with findings explaining the reason the ordinance complies with 23 this section and addressing the department's findings, the 24 department shall notify the local agency and may notify the 25 Attorney General that the local agency is in violation of state law. 26 (B) Before notifying the Attorney General that the local agency 27 is in violation of state law, the department may consider whether 28 a local agency adopted an ordinance in compliance with this section 29 between January 1, 2017, and January 1, 2020. 30 (i) The department may review, adopt, amend, or repeal 31 guidelines to implement uniform standards or criteria that 32 supplement or clarify the terms, references, and standards set forth 33 in this section. The guidelines adopted pursuant to this subdivision 34 are not subject to Chapter 3.5 (commencing with Section 11340) 35 of Part 1 of Division 3 of Title 2. 36 0) As used in this section, the following terms mean: 37 (1) "Accessory dwelling unit" means an attached or a detached 38 residential dwelling unit that provides complete independent living 39 facilities for one or more persons and is located on a lot with a 40 proposed or existing primary residence. It shall include permanent 99 m Packet Pg. 122 —17 — SB 1211 1 provisions for living, sleeping, eating, cooking, and sanitation on 2 the same parcel as the single-family or multifamily dwelling is or 3 will be situated. An accessory dwelling unit also includes the 4 following: 5 (A) An efficiency unit. 6 (B) A manufactured home, as defined in Section 18007 of the 7 Health and Safety Code. 8 (2) "Accessory structure" means a structure that is accessory 9 and incidental to a dwelling located on the same lot. 10 (3) "Efficiency unit" has the same meaning as defined in Section 11 17958.1 of the Health and Safety Code. 12 (4) "Living area" means the interior habitable area of a dwelling 13 unit, including basements and attics, but does not include a garage 14 or any accessory structure. 15 (5) "Local agency" means a city, county, or city and county, 16 whether general law or chartered. 17 (6) "Nonconforming zoning condition" means a physical 18 improvement on a property that does not conform to current zoning 19 standards. 20 (7) "Objective standards" means standards that involve no 21 personal or subjective judgment by a public official and are 22 uniformly verifiable by reference to an external and uniform 23 benchmark or criterion available and knowable by both the 24 development applicant or proponent and the public official prior 25 to submittal. 26 (8) "Passageway" means a pathway that is unobstructed clear 27 to the sky and extends from a street to one entrance of the accessory 28 dwelling unit. 29 (9) "Permitting agency" means any entity that is involved in 30 the review of a permit for an accessory dwelling unit or junior 31 accessory dwelling unit and for which there is no substitute, 32 including, but not limited to, applicable planning departments, 33 building departments, utilities, and special districts. 34 (10) "Proposed dwelling" means a dwelling that is the subject 35 of a permit application and that meets the requirements for 36 permitting. 37 (11) "Public transit" means a location, including, but not limited 38 to, a bus stop or train station, where the public may access buses, 39 trains, subways, and other forms of transportation that charge set 40 fares, run on fixed routes, and are available to the public. 99 m Packet Pg. 123 SB 1211 —18 — 1 (12) "Tandem parking" means that two or more automobiles 2 are parked on a driveway or in any other location on a lot, lined 3 up behind one another. 4 (k) A local agency shall not issue a certificate of occupancy for 5 an accessory dwelling unit before the local agency issues a 6 certificate of occupancy for the primary dwelling. 7 (0 Nothing in this section shall be construed to supersede or in 8 any way alter or lessen the effect or application of the California 9 Coastal Act of 1976 (Division 20 (commencing with Section 10 30000) of the Public Resources Code), except that the local 11 government shall not be required to hold public hearings for coastal 12 development permit applications for accessory dwelling units. 13 (m) A local agency may count an accessory dwelling unit for 14 purposes of identifying adequate sites for housing, as specified in 15 subdivision (a) of Section 65583.1, subject to authorization by the 16 department and compliance with this division. 17 (n) In enforcing building standards pursuant to Article 1 18 (commencing with Section 17960) of Chapter 5 of Part 1.5 of 19 Division 13 of the Health and Safety Code for an accessory 20 dwelling unit described in paragraph (1) or (2), a local agency, 21 upon request of an owner of an accessory dwelling unit for a delay 22 in enforcement, shall delay enforcement of a building standard, 23 subject to compliance with Section 17980.12 of the Health and 24 Safety Code: 25 (1) The accessory dwelling unit was built before January 1, 26 2020. 27 (2) The accessory dwelling unit was built on or after January 28 1, 2020, in a local jurisdiction that, at the time the accessory 29 dwelling unit was built, had a noncompliant accessory dwelling 30 unit ordinance, but the ordinance is compliant at the time the 31 request is made. 32 SEC. 2. No reimbursement is required by this act pursuant to 33 Section 6 of Article XIIIB of the California Constitution because 34 a local agency or school district has the authority to levy service 35 charges, fees, or assessments sufficient to pay for the program or 36 level of service mandated by this act, within the meaning of Section 37 17556 of the Government Code. X 99 m Packet Pg. 124