HomeMy WebLinkAbout2024-05-15 - AGENDAS - LEGISLATIVECITY OF SANTA CLARITA
CITY COUNCIL LEGISLATIVE COMMITTEE
SPECIAL MEETING
Wednesday, May 15, 2024
1:30 PM
LOCATION: City Hall, Orchard Conference Room, 1" Floor
23920 Valencia Blvd.
Santa Clarita CA 91355
AGENDA
*Committee Meetings are working meetings and are for the purpose of allowing up to two City Council
members and staff to informally discuss and better understand major issues currently before the City.
Pursuant to GC 54954.3 members of the public may directly address the legislative body concerning
any item that has been described in the notice for the meeting. Following the presentation of the item
the Committee Chair will inquire if any member of the public wishes to address the Committee on the
item listed Speakers will be given three minutes (with double the time allotted to non-English speakers
using a translator) to address the Committee on the item listed. The Committee will not be taking
comment on any other matter at this time.
CALL TO ORDER
ROLL CALL
ITEM 1 ASSEMBLY BILL 1886: Housing Element Law: Substantial Compliance:
Housing Accountability Act
Introduced by Assembly Member David Alvarez (D-80-San Diego), Assembly
Bill 1886 establishes that a Housing Element or an amendment to a Housing
Element is substantially compliant only after the State Housing and Community
Development Department or a court determines the adopted Housing Element or
amendment to be in substantial compliance with the Housing Element Law.
RECOMMENDED ACTION:
Legislative Committee recommend to oppose of Assembly Bill 1886.
ITEM 2 ASSEMBLY BILL 1990: Criminal Procedure: Arrests: Shoplifting
Introduced by Assembly Member Wendy Carrillo (D-39-East Los Angeles),
Assembly Bill 1990 authorizes a sworn law enforcement official to make a
warrantless arrest for shoplifting, even if the crime is not committed in their
presence, as long as the official has reasonable cause.
RECOMMENDED ACTION:
Legislative Committee recommend support of Assembly Bill 1990.
ITEM 3 ASSEMBLY BILL 2243: Affordable Housing and High Road Jobs Act of
2022: Objective Standards and Affordability and Site Criteria
Introduced by Assembly Member Buffy Wicks (D-14-Oakland), Assembly Bill
2243, expands the applicability of a law that went into effect on January 1, 2022,
which preempts local land use authority, zoning, and the California
Environmental Quality Act for specific residential projects.
RECOMMENDED ACTION:
Legislative Committee recommend to oppose Assembly Bill 2243.
ITEM 4 SENATE BILL 937: Development Projects: Permits and Other Entitlements:
Fees and Charges
Introduced by Senator Scott Wiener (D-I I -San Francisco), Senate Bill 937
restricts local governments from collecting development fees from an affordable
housing project until the certificate of occupancy and requires local governments
to approve up to a 24-month extension of development entitlements of an
affordable housing project.
RECOMMENDED ACTION:
Legislative Committee recommend to oppose Senate Bill 937.
ITEM 5 SENATE BILL 1037: Planning and Zoning: Housing Element: Enforcement
Introduced by Senator Scott Wiener (D-11-San Francisco), Senate Bill 1037
amends Proposition 47 (2014) by reinstating the ability to charge a repeat
offender, convicted for a specified theft offense, with a misdemeanor or felony.
RECOMMENDED ACTION:
Legislative Committee recommend to oppose Senate Bill 1037.
ITEM 6 SENATE BILL 1416: Sentencing Enhancements: Sale, Exchange, or Return
of Stolen Property
Introduced by Senator Josh Newman (D-29-Fullerton), Senate Bill 1416 creates a
sentence enhancement for selling, exchanging, or returning for value any property
acquired through one or more acts of shoplifting, theft, or burglary from a retail
business, if the property value exceeds $50,000.
RECOMMENDED ACTION:
Legislative Committee recommend support of Senate Bill 1416.
ADJOURN
NOTICE OF SPECIAL MEETING
CITY COUNCIL LEGISLATIVE COMMITTEE
CITY OF SANTA CLARITA
A SPECIAL MEETING OF THE CITY COUNCIL LEGISLATIVE COMMITTEE OF THE
CITY OF SANTA CLARITA WILL BE HELD ON THE 15TH DAY OF MAY, 2024, AT 1:30
P.M. IN THE ORCHARD CONFERENCE ROOM 1ST FLOOR, 23920 VALENCIA BLVD.,
SANTA CLARITA, CALIFORNIA, TO CONSIDER THOSE ITEMS LISTED ON THE
ATTACHED AGENDA.
Masis Hagobian, Intergovernmental Relations Officer
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss.
CITY OF SANTA CLARITA )
I, Sherrye Ketchepaw, Administrative Assistant, do hereby certify that a copy of the Notice of
Meeting of a City Council Legislative Committee of the City of Santa Clarita, CA, to be held on
the 15th day of May, 2024, at the hour of 1:30 p.m. was delivered and posted pursuant to
Government Code 54956.
Sherrye Ketch paw, Aaministr6tive Assistant
City Manager's Office
Dated: May 14, 2024
SAMS\Masis\Legislative Committee\Legislative Committee Meeting - 5.15.24\Legislative Committee Agenda_5.15.24.docx
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Assembly Bill 1886 — Housing Element Law: Substantial Compliance:
Housing Accountability Act a
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Recommendation
Legislative Committee recommend to oppose of Assembly Bill 1886.
Summary
Introduced by Assembly Member David Alvarez (D-80-San Diego), Assembly Bill 1886
establishes that the State Department of Housing and Community Development (HCD) or a court
determine whether a Housing Element is compliant with state law.
Background
The Housing Accountability Act (HAA) is state law that requires local governments, under
existing planning and zoning law, to prepare and adopt a General Plan, including a Housing
Element, to guide the future growth of a community. The Housing Element consists of an
identification and analysis of existing and projected housing needs and a statement of goals,
policies, objectives, financial resources, and scheduled programs for the preservation,
improvement, and development of housing.
Current state law allows local governments to self -certify their Housing Element by having the
local governing body adopt the Housing Element prior to review and ratification by HCD. Under
current state law, if a local government does not have a compliant Housing Element then it may
not deny a housing project that is inconsistent with a local government's General Plan or zoning
code, resulting in projects that significantly exceed local density and development standards.
This is known as the Builders Remedy.
During the 61' Regional Housing Needs Allocation Cycle, HCD provided revisions to the City's
draft Housing Element on three separate occasions, spanning over a two-year period. Each of the
phases included 15-20 pages of revisions and each subsequent phase included revisions
inconsistent from the previous revisions. During this period of time, the City received nine
inquiries related to projects under the Builder's Remedy. HCD ultimately found the City in
compliance, however, only after over two years and significant staff and consultant resources
were invested in this process. Other cities in Southern California experienced similar challenges
in obtaining a certified Housing Element through HCD.
HCD claimed staff turnover and a lack of staff resources for the prolonged review and
inconsistent revisions. As of April 2024, 212 cities out of 598 cities statewide do not have
compliant Housing Elements.
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The recommendation to oppose Assembly Bill 1886 is consistent with the City of Santa Clarita m
2024 Executive and Legislative Platform. Specifically, Component 1 under the "State" section
advises that the City Council, "Oppose legislation that would interfere with, limit or eliminate
the decision -making authority of municipalities in the area of local land use
a
Supporters
w
California Building Industry Association (Sponsor)
San Francisco Bay Area Planning and Urban Research Association (Sponsor) Q
Abundant Housing LA r
California Apartment Association
California Chamber of Commerce
California YIMBY
Opponents
City of Corona
City of Garden Grove
City of Fullerton
City of Placentia
City of Stanton
League of California Cities
Bill Status
Assembly Bill 1886 passed the Assembly Committee on Appropriations (11-0-4) on May 8,
2024, and is pending an Assembly Floor vote.
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AMENDED IN ASSEMBLY APRIL 15, 2024
AMENDED IN ASSEMBLY APRIL 1, 2024
CALIFORNIA LEGISLATURE-2023-24 REGULAR SESSION
ASSEMBLY BILL No. 1886
Introduced by Assembly Member Alvarez
(Coauthor: Assembly Member Wicks)
January 22, 2024
An act to amend Sections 65585 and 65589.5 of the Government
Code, relating to land use.
LEGISLATIVE COUNSEL'S DIGEST
AB 1886, as amended, Alvarez. Housing Element Law: substantial
compliance: Housing Accountability Act.
(1) The Planning and Zoning Law requires a city or county to adopt
a general plan for land use development within its boundaries that
includes, among other things, a housing element. Existing law,
commonly referred to as the Housing Element Law, prescribes
requirements for a city's or county's preparation of, and compliance
with, its housing element, and requires the Department of Housing and
Community Development to review and determine whether the housing
element substantially complies with the Housing Element Law, as
specified. If the department finds that a draft housing element or
amendment does not substantially comply with the Housing Element
Law, existing law requires the legislative body of the city or county to
either (A) change the draft element or amendment to substantially
comply with the Housing Element Law or (B) adopt the draft housing
element or amendment without changes and make specified findings
as to why the draft element or amendment substantially complies with
Revised 5-8-24—See last page. 97
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AB 1886 — 2 —
the Housing Element Law despite the findings of the department.
Existing law requires a planning agency to promptly submit an adopted
housing element or amendment to the department and requires the
department to review the adopted housing element or amendment and
report its findings to the planning agency within 60 days.
This bill would require a planning agency that makes the
above -described findings as to why a draft housing element or
amendment substantially complies with the Housing Element Law
despite the findings of the department to submit those findings to the
department. The bill would require the department to review those
finding in its review of an adopted housing element or amendment. The
bill would create a rebuttable presumption of validity for the
department's findings as to whether the adopted element or amendment
substantially complies with the Housing Element Law. Because the bill
would require planning agencies to submit specified findings to the
department with an adopted housing element or amendment, the bill
would impose a state -mandated local program.
This bill would provide that a housing element or amendment is
considered substantially compliant with the Housing Element Law when
the local agency has adopted a housing element or amendment and the
department or a court of competentjurisdiction determines the adopted
housing element or amendment to be in substantial compliance with
the Housing Element Law. The bill would speck that a determination
of substantial compliance continues until the department or a court of
competentjurisdiction determines otherwise or the end of the applicable
housing element cycle. The bill would provide that these provisions are
declaratory of existing law.
(2) Existing law, the Housing Accountability Act, among other things,
prohibits a local agency from disapproving, or conditioning approval
in a manner that renders infeasible, a housing development project for
very low, low-, or moderate -income households unless the local agency
makes written findings as to one of certain sets of conditions, as
specified. One set of conditions is that (A) the jurisdiction has adopted
a housing element that is in substantial compliance with the Housing
Element Law, and (B) the jurisdiction has met or exceeded its share of
the regional housing need allocation for the planning period for the
income category proposed for the housing development project.
This bill would provide that, for putposes of disapprovil1r, VI
97
Packet Pg. 7
— 3 — AB 1886
when the loeal ageney has adopted a hottsing element or amendment,
and the department or a eottrt of eompetentittrisdietion determines the
adopted hottsing element or amendment to be in s4stantial eomplianee
with the Housing Element I:aw. The bill wottid speeify that a
or a eottrt of eompetentittrisdietion determines otherwise or the end o
the appheable hottsing element eyele. The bill wottid provide that these
re deelaratoty of existing4aw.
Existing law subjects a housing development project4o only+e-s�
to the ordinances, policies, and standards adopted and in effect when a
preliminary application was submitted, except as specified.
This bill wouldfovide that, require a housing element or amendment
mus to be considered in substantial compliance with the Housing
Element Law only if the element or amendment was determined to be
in substantial compliance when a preliminary application or complete
application was submitted, as specified. The bill would provide that
this provision is declaratory of existing law.
(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 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:
amended;:
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2 undue hardships.
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5 independent eapaeity. The offiee of the Attomey Getteral may seek
6 all remedies availa-ble wider law itteluding those set forth itt this
7 seetion..
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16 of Civil Proeedure shall apply to any aetion or speeial proeee&ng
17 brought by the offiee of the Attomey Getteral or pttrsttatit to
18
19
20 SECTION 1. Section 65585 of the Government Code is
21 amended to read:
22 65585. (a) In the preparation of its housing element, each city
23 and county shall consider the guidelines adopted by the department
24 pursuant to Section 50459 of the Health and Safety Code. Those
25 guidelines shall be advisory to each city or county in the
26 preparation of its housing element.
27 (b) (1) At least 90 days prior to adoption of a revision of its
28 housing element pursuant to subdivision (e) of Section 65588, or
29 at least 60 days prior to the adoption of a subsequent amendment
30 to this element, the planning agency shall submit a draft element
31 revision or draft amendment to the department. The local
32 government of the planning agency shall make the first draft
33 revision of a housing element available for public comment for at
34 least 30 days and, if any comments are received, the local
35 government shall take at least 10 business days after the 30-day
36 public comment period to consider and incorporate public
37 comments into the draft revision prior to submitting it to the
38 department. For any subsequent draft revision, the local
39 government shall post the draft revision on its internet website and
40 shall email a link to the draft revision to all individuals and
97
Packet Pg. 15
-11— AB 1886
1 organizations that have previously requested notices relating to
2 the local government's housing element at least seven days before
3 submitting the draft revision to the department.
4 (2) The planning agency staff shall collect and compile the
5 public comments regarding the housing element received by the
6 city, county, or city and county and provide these comments to
7 each member of the legislative body before it adopts the housing
8 element.
9 (3) The department shall review the draft and report its written
10 findings to the planning agency within 90 days of its receipt of the
11 first draft submittal for each housing element revision pursuant to
12 subdivision (e) of Section 65588 or within 60 days of its receipt
13 of a subsequent draft amendment or an adopted revision or adopted
14 amendment to an element. The department shall not review the
15 first draft submitted for each housing element revision pursuant
16 to subdivision (e) of Section 65588 until the local government has
17 made the draft available for public comment for at least 30 days
18 and, if comments were received, has taken at least 10 business
19 days to consider and incorporate public comments pursuant to
20 paragraph (1).
21 (c) In the preparation of its findings, the department may consult
22 with any public agency, group, or person. The department shall
23 receive and consider any written comments from any public
24 agency, group, or person regarding the draft or adopted element
25 or amendment under review.
26 (d) In its written findings, the department shall determine
27 whether the draft element or draft amendment substantially
28 complies with this article.
29 (e) Prior to the adoption of its draft element or draft amendment,
30 the legislative body shall consider the findings made by the
31 department. If the department's findings are not available within
32 the time limits set by this section, the legislative body may act
33 without them.
34 (f) If the department finds that the draft element or draft
35 amendment does not substantially comply with this article, the
36 legislative body shall take one of the following actions:
37 (1) Change the draft element or draft amendment to substantially
38 comply with this article.
39 (2) Adopt the draft element or draft amendment without changes.
40 The legislative body shall include in its resolution of adoption
97
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AB 1886 —12 —
1 written findings that explain the reasons the legislative body
2 believes that the draft element or draft amendment substantially
3 complies with this article despite the findings of the department.
4 (g) Promptly following the adoption of its element or
5 amendment, the planning agency shall submit a copy4-e of the
6 adopted element or amendment and any findings made pursuant
7 to paragraph (2) of subdivision 0 to the department.
8 (h) (1) The department shall, within 60 days, review adopted
9 housing elements or amendments and any findings pursuant to
10 paragraph (2) of subdivision 69, make a finding as to whether the
11 adopted element or amendment is in substantial compliance with
12 this article, and report its findings to the planning agency.
13 (2) (A) A housing element or amendment shall be considered
14 to be in substantial compliance with this article when both of the
15 following conditions are satisfied.•
16 (i) The local agency adopts the housing element or amendment
17 in accordance with this section.
18 (ii) The department or a court of competent jurisdiction
19 determines the adopted housing element or amendment to be in
20 substantial compliance with this article.
21 (B) A housing element or amendment shall continue to be
22 considered in substantial compliance with this article until either
23 of the following occur:
24 (i) The department or a court of competent jurisdiction
25 determines that the adopted housing element or amendment is no
26 longer in substantial compliance with this article.
27 (ii) The end of the applicable housing element cycle.
28 (C) This paragraph does not constitute a change in, but is
29 declaratory of, existing law.
30 (3) In any legal proceeding initiated to enforce the provisions
31 of this article, the department's findings made pursuant to this
32 subdivision and subdivision (b) shall create a rebuttable
33 presumption of validity as to whether the adopted element or
34 amendment substantially complies with this article.
35 (i) (1) (A) The department shall review any action or failure
36 to act by the city, county, or city and county that it determines is
37 inconsistent with an adopted housing element or Section 65583,
38 including any failure to implement any program actions included
39 in the housing element pursuant to Section 65583. The department
40 shall issue written findings to the city, county, or city and county
97
Packet Pg. 17
-13 — AB 1886
1 as to whether the action or failure to act substantially complies
2 with this article, and provide a reasonable time no longer than 30
3 days for the city, county, or city and county to respond to the
4 findings before taking any other action authorized by this section,
5 including the action authorized by subparagraph (B).
6 (B) If the department finds that the action or failure to act by
7 the city, county, or city and county does not substantially comply
8 with this article, and if it has issued findings pursuant to this section
9 that an amendment to the housing element substantially complies
10 with this article, the department may revoke its findings until it
11 determines that the city, county, or city and county has come into
12 compliance with this article.
13 (2) The department may consult with any local government,
14 public agency, group, or person, and shall receive and consider
15 any written comments from any public agency, group, or person,
16 regarding the action or failure to act by the city, county, or city
17 and county described in paragraph (1), in determining whether the
18 housing element substantially complies with this article.
19 0) The department shall notify the city, county, or city and
20 county and may notify the office of the Attorney General that the
21 city, county, or city and county is in violation of state law if the
22 department finds that the housing element or an amendment to this
23 element, or any action or failure to act described in subdivision
24 (i), does not substantially comply with this article or that any local
25 government has taken an action in violation of the following:
26 (1) Housing Accountability Act (Section 65589.5).
27 (2) Section 65863.
28 (3) Chapter 4.3 (commencing with Section 65915).
29 (4) Section 65008.
30 (5) Housing Crisis Act of 2019 (Chapter 654, Statutes of 2019,
31 Sections 65941.1, 65943, and 66300).
32 (6) Section 8899.50.
33 (7) Section 65913.4.
34 (8) Article 11 (commencing with Section 65650).
35 (9) Article 12 (commencing with Section 65660).
36 (10) Section 65913.11.
37 (11) Section 65400.
38 (12) Section 65863.2.
39 (13) Chapter 4.1 (commencing with Section 65912.100).
40 (14) Section 65905.5.
97
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AB 1886 —14 —
1 (15) Chapter 13 (commencing with Section 66310).
2 (16) Section 65852.21.
3 (17) Section 65852.24.
4 (18) Section 66411.7.
5 (19) Section 65913.16.
6 (20) Article 2 (commencing with Section 66300.5) of Chapter
7 12.
8 (21) Section 65852.28.
9 (22) Section 65913.4.5.
10 (23) Section 66499.41.
11 (k) Commencing July 1, 2019, prior to the Attorney General
12 bringing any suit for a violation of the provisions identified in
13 subdivision 0) related to housing element compliance and seeking
14 remedies available pursuant to this subdivision, the department
15 shall offer the jurisdiction the opportunity for two meetings in
16 person or via telephone to discuss the violation, and shall provide
17 the jurisdiction written findings regarding the violation. This
18 paragraph does not affect any action filed prior to the effective
19 date of this section. The requirements set forth in this subdivision
20 do not apply to any suits brought for a violation or violations of
21 paragraphs (1) and (3) to (9), inclusive, of subdivision 0).
22 (0 In any action or special proceeding brought by the Attorney
23 General relating to housing element compliance pursuant to a
24 notice or referral under subdivision 0), the Attorney General may
25 request, upon a finding of the court that the housing element does
26 not substantially comply with the requirements of this article
27 pursuant to this section, that the court issue an order or judgment
28 directing the jurisdiction to bring its housing element into
29 substantial compliance with the requirements of this article. The
30 court shall retain jurisdiction to ensure that its order or judgment
31 is carried out. If a court determines that the housing element of
32 the jurisdiction substantially complies with this article, it shall
33 have the same force and effect, for purposes of eligibility for any
34 financial assistance that requires a housing element in substantial
35 compliance and for purposes of any incentives provided under
36 Section 65589.9, as a determination by the department that the
37 housing element substantially complies with this article.
38 (1) If the jurisdiction has not complied with the order or
39 judgment after 12 months, the court shall conduct a status
40 conference. Following the status conference, upon a determination
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1 that the jurisdiction failed to comply with the order or judgment
2 compelling substantial compliance with the requirements of this
3 article, the court shall impose fines on the jurisdiction, which shall
4 be deposited into the Building Homes and Jobs Trust Fund. Any
5 fine levied pursuant to this paragraph shall be in a minimum
6 amount of ten thousand dollars ($10,000) per month, but shall not
7 exceed one hundred thousand dollars ($100,000) per month, except
8 as provided in paragraphs (2) and (3). In the event that the
9 jurisdiction fails to pay fines imposed by the court in full and on
10 time, the court may require the Controller to intercept any available
11 state and local funds and direct such funds to the Building Homes
12 and Jobs Trust Fund to correct the jurisdiction's failure to pay.
13 The intercept of the funds by the Controller for this purpose shall
14 not violate any provision of the California Constitution.
15 (2) If the jurisdiction has not complied with the order or
16 judgment after three months following the imposition of fees
17 described in paragraph (1), the court shall conduct a status
18 conference. Following the status conference, if the court finds that
19 the fees imposed pursuant to paragraph (1) are insufficient to bring
20 the jurisdiction into compliance with the order or judgment, the
21 court may multiply the fine determined pursuant to paragraph (1)
22 by a factor of three. In the event that the jurisdiction fails to pay
23 fines imposed by the court in full and on time, the court may
24 require the Controller to intercept any available state and local
25 funds and direct such funds to the Building Homes and Jobs Trust
26 Fund to correct the jurisdiction's failure to pay. The intercept of
27 the funds by the Controller for this purpose shall not violate any
28 provision of the California Constitution.
29 (3) If the jurisdiction has not complied with the order or
30 judgment six months following the imposition of fees described
31 in paragraph (1), the court shall conduct a status conference. Upon
32 a determination that the jurisdiction failed to comply with the order
33 or judgment, the court may impose the following:
34 (A) If the court finds that the fees imposed pursuant to
35 paragraphs (1) and (2) are insufficient to bring the jurisdiction into
36 compliance with the order or judgment, the court may multiply
37 the fine determined pursuant to paragraph (1) by a factor of six.
38 In the event that the jurisdiction fails to pay fines imposed by the
39 court in full and on time, the court may require the Controller to
40 intercept any available state and local funds and direct such funds
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AB 1886
—16—
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to the Building Homes and Jobs Trust Fund to correct the
jurisdiction's failure to pay. The intercept of the funds by the
Controller for this purpose shall not violate any provision of the
California Constitution.
(B) The court may order remedies available pursuant to Section
564 of the Code of Civil Procedure, under which the agent of the
court may take all governmental actions necessary to bring the
jurisdiction's housing element into substantial compliance pursuant
to this article in order to remedy identified deficiencies. The court
shall determine whether the housing element of the jurisdiction
substantially complies with this article and, once the court makes
that determination, it shall have the same force and effect, for all
purposes, as the department's determination that the housing
element substantially complies with this article. An agent appointed
pursuant to this paragraph shall have expertise in planning in
California.
(4) This subdivision does not limit a court's discretion to apply
any and all remedies in an action or special proceeding for a
violation of any law identified in subdivision 0).
(m) In determining the application of the remedies available
under subdivision (�, the court shall consider whether there are
any mitigating circumstances delaying the jurisdiction from coming
into compliance with state housing law. The court may consider
whether a city, county, or city and county is making a good faith
effort to come into substantial compliance or is facing substantial
undue hardships.
(n) Nothing in this section shall limit the authority of the office
of the Attorney General to bring a suit to enforce state law in an
independent capacity. The office of the Attorney General may seek
all remedies available under law including those set forth in this
section.
(o) Notwithstanding Sections 11040 and 11042, if the Attorney
General declines to represent the department in any action or
special proceeding brought pursuant to a notice or referral under
subdivision 0), the department may appoint or contract with other
counsel for purposes of representing the department in the action
or special proceeding.
(p) Notwithstanding any other provision of law, the statute of
limitations set forth in subdivision (a) of Section 338 of the Code
of Civil Procedure shall apply to any action or special proceeding
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1 brought by the office of the Attorney General or pursuant to a
2 notice or referral under subdivision 0), or by the department
3 pursuant to subdivision (o).
4 SEC. 2. Section 65589.5 of the Government Code is amended
5 to read:
6 65589.5. (a) (1) The Legislature finds and declares all of the
7 following:
8 (A) The lack of housing, including emergency shelters, is a
9 critical problem that threatens the economic, environmental, and
10 social quality of life in California.
11 (B) California housing has become the most expensive in the
12 nation. The excessive cost of the state's housing supply is partially
13 caused by activities and policies of many local governments that
14 limit the approval of housing, increase the cost of land for housing,
15 and require that high fees and exactions be paid by producers of
16 housing.
17 (C) Among the consequences of those actions are discrimination
18 against low-income and minority households, lack of housing to
19 support employment growth, imbalance in jobs and housing,
20 reduced mobility, urban sprawl, excessive commuting, and air
21 quality deterioration.
22 (D) Many local governments do not give adequate attention to
23 the economic, environmental, and social costs of decisions that
24 result in disapproval of housing development projects, reduction
25 in density of housing projects, and excessive standards for housing
26 development projects.
27 (2) In enacting the amendments made to this section by the act
28 adding this paragraph, the Legislature further finds and declares
29 the following:
30 (A) California has a housing supply and affordability crisis of
31 historic proportions. The consequences of failing to effectively
32 and aggressively confront this crisis are hurting millions of
33 Californians, robbing future generations of the chance to call
34 California home, stifling economic opportunities for workers and
35 businesses, worsening poverty and homelessness, and undermining
36 the state's environmental and climate objectives.
37 (B) While the causes of this crisis are multiple and complex,
38 the absence of meaningful and effective policy reforms to
39 significantly enhance the approval and supply of housing affordable
40 to Californians of all income levels is a key factor.
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1 (C) The crisis has grown so acute in California that supply,
2 demand, and affordability fundamentals are characterized in the
3 negative: underserved demands, constrained supply, and protracted
4 unaffordability.
5 (D) According to reports and data, California has accumulated
6 an unmet housing backlog of nearly 2,000,000 units and must
7 provide for at least 180,000 new units annually to keep pace with
8 growth through 2025.
9 (E) California's overall home ownership rate is at its lowest
10 level since the 1940s. The state ranks 49th out of the 50 states in
11 home ownership rates as well as in the supply of housing per capita.
12 Only one-half of California's households are able to afford the
13 cost of housing in their local regions.
14 (F) Lack of supply and rising costs are compounding inequality
15 and limiting advancement opportunities for many Californians.
16 (G) The majority of California renters, more than 3,000,000
17 households, pay more than 30 percent of their income toward rent
18 and nearly one-third, more than 1,500,000 households, pay more
19 than 50 percent of their income toward rent.
20 (H) When Californians have access to safe and affordable
21 housing, they have more money for food and health care; they are
22 less likely to become homeless and in need of
23 government -subsidized services; their children do better in school;
24 and businesses have an easier time recruiting and retaining
25 employees.
26 (I) An additional consequence of the state's cumulative housing
27 shortage is a significant increase in greenhouse gas emissions
28 caused by the displacement and redirection of populations to states
29 with greater housing opportunities, particularly working- and
30 middle-class households. California's cumulative housing shortfall
31 therefore has not only national but international environmental
32 consequences.
33 (J) California's housing picture has reached a crisis of historic
34 proportions despite the fact that, for decades, the Legislature has
35 enacted numerous statutes intended to significantly increase the
36 approval, development, and affordability of housing for all income
37 levels, including this section.
38 (K) The Legislature's intent in enacting this section in 1982 and
39 in expanding its provisions since then was to significantly increase
40 the approval and construction of new housing for all economic
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1 segments of California's communities by meaningfully and
2 effectively curbing the capability of local governments to deny,
3 reduce the density for, or render infeasible housing development
4 projects and emergency shelters. That intent has not been fulfilled.
5 (L) It is the policy of the state that this section be interpreted
6 and implemented in a manner to afford the fullest possible weight
7 to the interest of, and the approval and provision of, housing.
8 (3) It is the intent of the Legislature that the conditions that
9 would have a specific, adverse impact upon the public health and
10 safety, as described in paragraph (2) of subdivision (d) and
11 paragraph (1) of subdivision 0), arise infrequently.
12 (b) It is the policy of the state that a local government not reject
13 or make infeasible housing development projects, including
14 emergency shelters, that contribute to meeting the need determined
15 pursuant to this article without a thorough analysis of the economic,
16 social, and environmental effects of the action and without
17 complying with subdivision (d).
18 (c) The Legislature also recognizes that premature and
19 unnecessary development of agricultural lands for urban uses
20 continues to have adverse effects on the availability of those lands
21 for food and fiber production and on the economy of the state.
22 Furthermore, it is the policy of the state that development should
23 be guided away from prime agricultural lands; therefore, in
24 implementing this section, local jurisdictions should encourage,
25 to the maximum extent practicable, in filling existing urban areas.
26 (d) A local agency shall not disapprove a housing development
27 project, including farmworker housing as defined in subdivision
28 (h) of Section 50199.7 of the Health and Safety Code, for very
29 low, low-, or moderate -income households, or an emergency
30 shelter, or condition approval in a manner that renders the housing
31 development project infeasible for development for the use of very
32 low, low-, or moderate -income households, or an emergency
33 shelter, including through the use of design review standards,
34 unless it makes written findings, based upon a preponderance of
35 the evidence in the record, as to one of the following:
36 (1) The jurisdiction has adopted a housing element pursuant to
37 this article that has been revised in accordance with Section 65588,
38 is in substantial compliance with this article, and the jurisdiction
39 has met or exceeded its share of the regional housing need
40 allocation pursuant to Section 65584 for the planning period for
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1 the income category proposed for the housing development project,
2 provided that any disapproval or conditional approval shall not be
3 based on any of the reasons prohibited by Section 65008. If the
4 housing development project includes a mix of income categories,
5 and the jurisdiction has not met or exceeded its share of the regional
6 housing need for one or more of those categories, then this
7 paragraph shall not be used to disapprove or conditionally approve
8 the housing development project. The share of the regional housing
9 need met by the jurisdiction shall be calculated consistently with
10 the forms and definitions that may be adopted by the Department
11 of Housing and Community Development pursuant to Section
12 65400. In the case of an emergency shelter, the jurisdiction shall
13 have met or exceeded the need for emergency shelter, as identified
14 pursuant to paragraph (7) of subdivision (a) of Section 65583. Any
15 disapproval or conditional approval pursuant to this paragraph
16 shall be in accordance with applicable law, rule, or standards.
17 (2) The housing development project or emergency shelter as
18 proposed would have a specific, adverse impact upon the public
19 health or safety, and there is no feasible method to satisfactorily
20 mitigate or avoid the specific, adverse impact without rendering
21 the development unaffordable to low- and moderate -income
22 households or rendering the development of the emergency shelter
23 financially infeasible. As used in this paragraph, a "specific,
24 adverse impact" means a significant, quantifiable, direct, and
25 unavoidable impact, based on objective, identified written public
26 health or safety standards, policies, or conditions as they existed
27 on the date the application was deemed complete. The following
28 shall not constitute a specific, adverse impact upon the public
29 health or safety:
30 (A) Inconsistency with the zoning ordinance or general plan
31 land use designation.
32 (B) The eligibility to claim a welfare exemption under
33 subdivision (g) of Section 214 of the Revenue and Taxation Code.
34 (3) The denial of the housing development project or imposition
35 of conditions is required in order to comply with specific state or
36 federal law, and there is no feasible method to comply without
37 rendering the development unaffordable to low- and
38 moderate -income households or rendering the development of the
39 emergency shelter financially infeasible.
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1 (4) The housing development project or emergency shelter is
2 proposed on land zoned for agriculture or resource preservation
3 that is surrounded on at least two sides by land being used for
4 agricultural or resource preservation purposes, or which does not
5 have adequate water or wastewater facilities to serve the project.
6 (5) The housing development project or emergency shelter is
7 inconsistent with both the jurisdiction's zoning ordinance and
8 general plan land use designation as specified in any element of
9 the general plan as it existed on the date the application was
10 deemed complete, and the jurisdiction has adopted a revised
11 housing element in accordance with Section 65588 that is in
12 substantial compliance with this article. For purposes of this
13 section, a change to the zoning ordinance or general plan land use
14 designation subsequent to the date the application was deemed
15 complete shall not constitute a valid basis to disapprove or
16 condition approval of the housing development project or
17 emergency shelter.
18 (A) This paragraph cannot be utilized to disapprove or
19 conditionally approve a housing development project if the housing
20 development project is proposed on a site that is identified as
21 suitable or available for very low, low-, or moderate -income
22 households in the jurisdiction's housing element, and consistent
23 with the density specified in the housing element, even though it
24 is inconsistent with both the jurisdiction's zoning ordinance and
25 general plan land use designation.
26 (B) If the local agency has failed to identify in the inventory of
27 land in its housing element sites that can be developed for housing
28 within the planning period and are sufficient to provide for the
29 jurisdiction's share of the regional housing need for all income
30 levels pursuant to Section 65584, then this paragraph shall not be
31 utilized to disapprove or conditionally approve a housing
32 development project proposed for a site designated in any element
33 of the general plan for residential uses or designated in any element
34 of the general plan for commercial uses if residential uses are
35 permitted or conditionally permitted within commercial
36 designations. In any action in court, the burden of proof shall be
37 on the local agency to show that its housing element does identify
38 adequate sites with appropriate zoning and development standards
39 and with services and facilities to accommodate the local agency's
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1 share of the regional housing need for the very low, low-, and
2 moderate -income categories.
3 (C) If the local agency has failed to identify a zone or zones
4 where emergency shelters are allowed as a permitted use without
5 a conditional use or other discretionary permit, has failed to
6 demonstrate that the identified zone or zones include sufficient
7 capacity to accommodate the need for emergency shelter identified
8 in paragraph (7) of subdivision (a) of Section 65583, or has failed
9 to demonstrate that the identified zone or zones can accommodate
10 at least one emergency shelter, as required by paragraph (4) of
11 subdivision (a) of Section 65583, then this paragraph shall not be
12 utilized to disapprove or conditionally approve an emergency
13 shelter proposed for a site designated in any element of the general
14 plan for industrial, commercial, or multifamily residential uses. In
15 any action in court, the burden of proof shall be on the local agency
16 to show that its housing element does satisfy the requirements of
17 paragraph (4) of subdivision (a) of Section 65583.
18 (e) Nothing in this section shall be construed to relieve the local
19 agency from complying with the congestion management program
20 required by Chapter 2.6 (commencing with Section 65088) of
21 Division 1 of Title 7 or the California Coastal Act of 1976
22 (Division 20 (commencing with Section 30000) of the Public
23 Resources Code). Neither shall anything in this section be
24 construed to relieve the local agency from making one or more of
25 the findings required pursuant to Section 21081 of the Public
26 Resources Code or otherwise complying with the California
27 Environmental Quality Act (Division 13 (commencing with Section
28 21000) of the Public Resources Code).
29 (f) (1) Except as provided in subdivision (o), nothing in this
30 section shall be construed to prohibit a local agency from requiring
31 the housing development project to comply with objective,
32 quantifiable, written development standards, conditions, and
33 policies appropriate to, and consistent with, meeting the
34 jurisdiction's share of the regional housing need pursuant to Section
35 65584. However, the development standards, conditions, and
36 policies shall be applied to facilitate and accommodate
37 development at the density permitted on the site and proposed by
38 the development.
39 (2) Except as provided in subdivision (o), nothing in this section
40 shall be construed to prohibit a local agency from requiring an
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1 emergency shelter project to comply with objective, quantifiable,
2 written development standards, conditions, and policies that are
3 consistent with paragraph (4) of subdivision (a) of Section 65583
4 and appropriate to, and consistent with, meeting the jurisdiction's
5 need for emergency shelter, as identified pursuant to paragraph
6 (7) of subdivision (a) of Section 65583. However, the development
7 standards, conditions, and policies shall be applied by the local
8 agency to facilitate and accommodate the development of the
9 emergency shelter project.
10 (3) Except as provided in subdivision (o), nothing in this section
11 shall be construed to prohibit a local agency from imposing fees
12 and other exactions otherwise authorized by law that are essential
13 to provide necessary public services and facilities to the housing
14 development project or emergency shelter.
15 (4) For purposes of this section, a housing development project
16 or emergency shelter shall be deemed consistent, compliant, and
17 in conformity with an applicable plan, program, policy, ordinance,
18 standard, requirement, or other similar provision if there is
19 substantial evidence that would allow a reasonable person to
20 conclude that the housing development project or emergency
21 shelter is consistent, compliant, or in conformity.
22 (g) This section shall be applicable to charter cities because the
23 Legislature finds that the lack of housing, including emergency
24 shelter, is a critical statewide problem.
25 (h) The following definitions apply for the purposes of this
26 section:
27 (1) "Feasible" means capable of being accomplished in a
28 successful manner within a reasonable period of time, taking into
29 account economic, environmental, social, and technological factors.
30 (2) "Housing development project" means a use consisting of
31 any of the following:
32 (A) Residential units only.
33 (B) Mixed -use developments consisting of residential and
34 nonresidential uses with at least two-thirds of the square footage
35 designated for residential use.
36 (C) Transitional housing or supportive housing.
37 (3) "Housing for very low, low-, or moderate -income
38 households" means that either (A) at least 20 percent of the total
39 units shall be sold or rented to lower income households, as defined
40 in Section 50079.5 of the Health and Safety Code, or (B) 100
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1 percent of the units shall be sold or rented to persons and families
2 of moderate income as defined in Section 50093 of the Health and
3 Safety Code, or persons and families of middle income, as defined
4 in Section 65008 of this code. Housing units targeted for lower
5 income households shall be made available at a monthly housing
6 cost that does not exceed 30 percent of 60 percent of area median
7 income with adjustments for household size made in accordance
8 with the adjustment factors on which the lower income eligibility
9 limits are based. Housing units targeted for persons and families
10 of moderate income shall be made available at a monthly housing
11 cost that does not exceed 30 percent of 100 percent of area median
12 income with adjustments for household size made in accordance
13 with the adjustment factors on which the moderate -income
14 eligibility limits are based.
15 (4) "Area median income" means area median income as
16 periodically established by the Department of Housing and
17 Community Development pursuant to Section 50093 of the Health
18 and Safety Code. The developer shall provide sufficient legal
19 commitments to ensure continued availability of units for very low
20 or low-income households in accordance with the provisions of
21 this subdivision for 30 years.
22 (5) Notwithstanding any other law, until January 1, 2030,
23 "deemed complete" means that the applicant has submitted a
24 preliminary application pursuant to Section 65941.1 or, if the
25 applicant has not submitted a preliminary application, has
26 submitted a complete application pursuant to Section 65943.
27 (6) "Disapprove the housing development project" includes any
28 instance in which a local agency does any of the following:
29 (A) Votes on a proposed housing development project
30 application and the application is disapproved, including any
31 required land use approvals or entitlements necessary for the
32 issuance of a building permit.
33 (B) Fails to comply with the time periods specified in
34 subdivision (a) of Section 65950. An extension of time pursuant
35 to Article 5 (commencing with Section 65950) shall be deemed to
36 be an extension of time pursuant to this paragraph.
37 (C) Fails to meet the time limits specified in Section 65913.3.
38 (D) (i) Fails to make a determination of whether the project is
39 exempt from the California Environmental Quality Act (Division
40 13 (commencing with Section 21000) of the Public Resources
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1 Code), or commits an abuse of discretion, as defined in this
2 subparagraph, if all of the following conditions are satisfied:
3 (1) There is substantial evidence in the record before the local
4 agency that the housing development project is not located in either
5 of the following:
6 (ia) On a site specified in subparagraphs (A) to (C), inclusive,
7 or subparagraphs (E) to (K), inclusive, of paragraph (6) of
8 subdivision (a) of Section 65913.4.
9 (ib) Within a very high fire hazard severity zone, as determined
10 by the Department of Forestry and Fire Protection pursuant to
11 Section 51178, or within a high or very high fire hazard severity
12 zone as indicated on maps adopted by the Department of Forestry
13 and Fire Protection pursuant to Section 4202 of the Public
14 Resources Code.
15 (I1) The housing development project is located on a legal parcel
16 or parcels within an urbanized area and meets one or more of the
17 following criteria:
18 (ia) The housing development project is located within one-half
19 mile walking distance to either a high -quality transit corridor or a
20 major transit stop.
21 (ib) The housing development project is located in a very low
22 vehicle travel area.
23 (ic) The housing development project is proximal to six or more
24 amenities pursuant to subclause (IV) of clause (ii) as of the date
25 of submission of the application for the project.
26 (id) Parcels that are developed with urban uses adjoin at least
27 75 percent of the perimeter of the project site or at least three sides
28 of a four-sided project site. For purposes of this clause, parcels
29 that are only separated by a street or highway shall be considered
30 to be adjoined.
31 (III) The density of the housing development project meets or
32 exceeds 15 dwelling units per acre.
33 (IV) Both of the following criteria are met:
34 (ia) There is substantial evidence in the record before the local
35 agency that the housing development project is eligible for an
36 exemption sought by the applicant.
37 (ib) If the exemption sought by the applicant is subject to an
38 exception under the Guidelines for Implementation of the
39 California Environmental Quality Act (Chapter 3 (commencing
40 with Section 15000) of Division 6 of Title 14 of the California
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1 Code of Regulations), there is substantial evidence in the record
2 before the local agency that the application of that categorical
3 exemption is not barred by one of the exceptions set forth in
4 Section 15300.2 of those guidelines.
5 (V) (ia) The applicant has given timely written notice to the
6 local agency of the action or inaction that the applicant believes
7 constitutes a failure to make a determination or an abuse of
8 discretion, as defined in this subparagraph, and the local agency
9 did not make a lawful determination within 90 days of the
10 applicant's written notice. The applicant's written notice shall
11 contain all of the following:
12 (Ia) The information specified in paragraphs (1), (2), (5), and
13 (6) of subdivision (a) of Section 15062 of Title 14 of the California
14 Code of Regulations.
15 (Ib) A citation to the section of Title 14 of the California Code
16 of Regulations or the statute under which the applicant asserts that
17 the project is exempt.
18 (Ic) A brief statement of reasons supporting the assertion that
19 the project is exempt.
20 (Id) A copy of the excerpts from the record constituting
21 substantial evidence that the criteria of subclauses (1) to (IV),
22 inclusive, are satisfied.
23 (ib) Within five working days of receiving the applicant's
24 written notice required by sub-subclause (ia), the local agency
25 shall file the notice with the county clerk of each county in which
26 the project will be located. The county clerk shall post the notice
27 and make it available for public inspection in the manner set forth
28 in subdivision (c) of Section 21152 of the Public Resources Code.
29 Compliance with this sub-subclause is not a condition that must
30 be satisfied in order to find that the local agency has disapproved
31 the housing development project under this subparagraph.
32 (ic) The local agency may, by providing a written response to
33 the applicant within 90 additional days of the applicant's written
34 notice, extend the time period to make a lawful determination by
35 no more than 90 days if the extension is necessary to determine if
36 there is substantial evidence in the record that the housing
37 development project is eligible for the exemption sought by the
38 applicant.
39 (id) If the local agency has given the applicant written notice
40 of the local agency's determination that the project is not exempt,
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1 the applicant's notice shall be deemed timely if and only if it is
2 delivered to the local agency within 35 days of the date that the
3 local agency gave the applicant notice of the local agency's
4 determination.
5 (ie) If the local agency has not given the applicant the written
6 notice described in sub-subclause (id), the applicant's notice shall
7 be deemed timely if given after 60 days from the date on which
8 the project application has been received and accepted as complete
9 by the lead agency, or 60 days from the date on which the project
10 application has been determined or deemed to be complete within
11 the meaning of Section 65943, whichever is earlier.
12 (ii) For purposes of this subparagraph, the following definitions
13 apply:
14 (1) "Abuse of discretion" means that the conditions set forth in
15 subclauses (I) to (IV), inclusive, of clause (i) are satisfied, but the
16 local agency does not determine that the project is exempt from
17 the California Environmental Quality Act (Division 13
18 (commencing with Section 21000) of the Public Resources Code).
19 This subclause sets forth the exclusive definition of "abuse of
20 discretion" for purposes of this subparagraph.
21 (II) "High -quality transit corridor" has the same meaning defined
22 in subdivision (b) of Section 21155 of the Public Resources Code.
23 (III) "Major transit stop" has the same meaning as defined in
24 Section 21064.3 of the Public Resources Code.
25 (IV) "Proximal" to an amenity means either of the following:
26 (ia) Within one-half mile of either of the following amenities:
27 (Ia) A bus station.
28 (Ib) A ferry terminal.
29 (ib) Within one mile, or for a parcel in a rural area, as defined
30 in Section 50199.21 of the Health and Safety Code, within two
31 miles, of any of the following amenities:
32 (Ia) A supermarket or grocery store.
33 (Ib) A public park.
34 (Ic) A community center.
35 (Id) A pharmacy or drugstore.
36 (Ie) A medical clinic or hospital.
37 (If) A public library.
38 (Ig) A school that maintains a kindergarten or any of grades 1
39 to 12, inclusive.
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1 (V) "Urbanized area" has the same meaning as defined in
2 Section 21071 of the Public Resources Code.
3 (VI) (ia) "Very low vehicle travel area" means an urbanized
4 area, as designated by the United States Census Bureau, where the
5 existing residential development generates vehicle miles traveled
6 per capita that is below 85 percent of either regional vehicle miles
7 traveled per capita or city vehicle miles traveled per capita.
8 (ib) For purposes of sub-subclause (ia), "area" may include a
9 travel analysis zone, hexagon, or grid.
10 (ic) For the purposes of determining "regional vehicle miles
11 traveled per capita" pursuant to sub-subclause (ia), a "region" is
12 the entirety of incorporated and unincorporated areas governed by
13 a multicounty or single -county metropolitan planning organization,
14 or the entirety of the incorporated and unincorporated areas of an
15 individual county that is not part of a metropolitan planning
16 organization.
17 (iii) This subparagraph shall not be construed to require a local
18 agency to determine that a project is exempt if, on the record before
19 the local agency, the project is not eligible for exemption.
20 (iv) This subparagraph shall become inoperative on January 1,
21 2031.
22 (E) Fails to adopt a negative declaration or addendum for the
23 project, to certify an environmental impact report for the project,
24 or to approve another comparable environmental document, such
25 as a sustainable communities environmental assessment pursuant
26 to Section 21155.2 of the Public Resources Code, as required
27 pursuant to the California Environmental Quality Act (Division
28 13 (commencing with Section 21000) of the Public Resources
29 Code), if all of the following conditions are satisfied:
30 (i) There is substantial evidence in the record before the local
31 agency that the site of the housing development project is not
32 located on either of the following:
33 (I) On a site specified in subparagraphs (A) to (C), inclusive,
34 or subparagraphs (E) to (K), inclusive, of paragraph (6) of
35 subdivision (a) of Section 65913.4.
36 (II) Within a very high fire hazard severity zone, as determined
37 by the Department of Forestry and Fire Protection pursuant to
38 Section 51178, or within a high or very high fire hazard severity
39 zone as indicated on maps adopted by the Department of Forestry
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1 and Fire Protection pursuant to Section 4202 of the Public
2 Resources Code.
3 (ii) The housing development project is located on a legal parcel
4 or parcels within an urbanized area and meets one or more of the
5 following criteria:
6 (I) The housing development project is located within one-half
7 mile walking distance to either a high -quality transit corridor or a
8 major transit stop.
9 (II) The housing development project is located in a very low
10 vehicle travel area.
11 (111) The housing development project is proximal to six or more
12 amenities pursuant to subclause (IV) of clause (vii) as of the date
13 of submission of the application for the project.
14 (IV) Parcels that are developed with urban uses adjoin at least
15 75 percent of the perimeter of the project site or at least three sides
16 of a four-sided project site. For purposes of this clause, parcels
17 that are only separated by a street or highway shall be considered
18 to be adjoined.
19 (iii) The density of the housing development project meets or
20 exceeds 15 dwelling units per acre.
21 (iv) There has been prepared a negative declaration, addendum,
22 environmental impact report, or comparable environmental review
23 document that, if duly adopted, approved, or certified by the local
24 agency, would satisfy the requirements of the California
25 Environmental Quality Act (Division 13 (commencing with Section
26 21000) of the Public Resources Code) with respect to the project.
27 (v) The local agency or a body or official to which the agency
28 has delegated authority to adopt, approve, or certify the negative
29 declaration addendum, environmental impact report, or comparable
30 environmental review document has held a meeting at which
31 adoption, approval, or certification of the environmental review
32 document was on the agenda and the environmental review
33 document could have been adopted, approved, or certified, as
34 applicable, but the agency did either of the following:
35 (I) Committed an abuse of discretion, as defined in this
36 subparagraph.
37 (II) Failed to decide whether to require further study or to adopt,
38 approve, or certify the environmental document.
39 (vi) (I) The applicant has given timely written notice to the
40 local agency of the action or inaction that the applicant believes
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1 constitutes a failure to decide or an abuse of discretion, and the
2 local agency did not make a lawful determination about whether
3 to adopt, approve, or certify the environmental review document
4 within 90 days of the applicant's written notice. The applicant's
5 written notice shall include a copy of those excerpts from the record
6 that constitute substantial evidence that the criteria of clauses (i)
7 to (iv), inclusive, are satisfied.
8 (II) If the local agency has voted to require further study, rather
9 than adopting, approving, or certifying the negative declaration,
10 addendum, environmental impact report, or comparable
11 environmental review document in the form it was presented for
12 the agency's consideration, the applicant's notice shall be deemed
13 timely if and only if it is delivered to the local agency within 35
14 days of the date that the local agency gave written notice of its
15 decision to the applicant.
16 (III) If the local agency has not voted to require further study,
17 rather than adopting, approving, or certifying the negative
18 declaration, addendum, environmental impact report, or comparable
19 environmental review document in the form it was presented for
20 the agency's consideration, the applicant's notice shall be deemed
21 timely if given after the time period specified in Section 21151.5
22 of the Public Resources Code or another applicable provision of
23 that code for completing the addendum, negative declaration,
24 environmental impact report, or other comparable environmental
25 review document, as applicable, has passed. If the Public Resources
26 Code does not specifically describe the deadline to complete the
27 applicable environmental document, a 180-day deadline is the
28 applicable time period.
29 (vii) For purposes of this subparagraph, the following definitions
30 apply:
31 (1) (ia) "Abuse of discretion" means either of the following:
32 (Ia) If the local agency fails to adopt a negative declaration,
33 "abuse of discretion" means that the agency, in bad faith or without
34 substantial evidence in the record to support a fair argument that
35 further environmental study is necessary to identify or analyze
36 potentially significant impacts on the physical environment,
37 decided to require further environmental study rather than adopting
38 the negative declaration.
39 (Ib) If the local agency fails to adopt an addendum for the
40 project, certify an environmental impact report for the project, or
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1 approve another comparable environmental document, "abuse of
2 discretion" means that the agency, in bad faith or without
3 substantial evidence in the record that further environmental study
4 is legally required to identify or analyze potentially significant
5 impacts on the physical environment, decided to require further
6 environmental study rather than adopting, approving, or certifying
7 the environmental review document.
8 (ib) This subclause sets forth the exclusive definition of "abuse
9 of discretion" for purposes of this subparagraph.
10 (II) "High -quality transit corridor" has the same meaning defined
11 in subdivision (b) of Section 21155 of the Public Resources Code.
12 (III) "Major transit stop" has the same meaning as defined in
13 Section 21064.3 of the Public Resources Code.
14 (IV) "Proximal" to an amenity means either of the following:
15 (ia) Within one-half mile of either of the following amenities:
16 (Ia) A bus station.
17 (Ib) A ferry terminal.
18 (ib) Within one mile, or for a parcel in a rural area, as defined
19 in Section 50199.21 of the Health and Safety Code, within two
20 miles, of any of the following amenities:
21 (Ia) A supermarket or grocery store.
22 (Ib) A public park.
23 (Ic) A community center.
24 (Id) A pharmacy or drugstore.
25 (Ie) A medical clinic or hospital.
26 (If) A public library.
27 (Ig) A school that maintains a kindergarten or any of grades 1
28 to 12, inclusive.
29 (V) "Urbanized area" has the same meaning as defined in
30 Section 21071 of the Public Resources Code.
31 (VI) (ia) "Very low vehicle travel area" means an urbanized
32 area, as designated by the United States Census Bureau, where the
33 existing residential development generates vehicle miles traveled
34 per capita that is below 85 percent of either regional vehicle miles
35 traveled per capita or city vehicle miles traveled per capita.
36 (ib) For purposes of sub-subclause (ia), "area" may include a
37 travel analysis zone, hexagon, or grid.
38 (ic) For the purposes of determining "regional vehicle miles
39 traveled per capita" pursuant to sub-subclause (ia), a "region" is
40 the entirety of incorporated and unincorporated areas governed by
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1 a multicounty or single -county metropolitan planning organization,
2 or the entirety of the incorporated and unincorporated areas of an
3 individual county that is not part of a metropolitan planning
4 organization.
5 (viii) This subparagraph shall become inoperative on January
6 1, 2031.
7 (7) (A) For purposes of this section, "lawful determination"
8 means any final decision about whether to approve or disapprove
9 a statutory or categorical exemption or a negative declaration,
10 addendum, environmental impact report, or comparable
11 environmental review document under the California
12 Environmental Quality Act (Division 13 (commencing with Section
13 21000) of the Public Resources Code) that is not an abuse of
14 discretion, as defined in clause (ii) of subparagraph (D) of
15 paragraph (6) or clause (vii) of subparagraph (E) of paragraph (6).
16 (B) This paragraph shall become inoperative on January 1, 2031.
17 (8) "Lower density" includes any conditions that have the same
18 effect or impact on the ability of the project to provide housing.
19 (9) Until January 1, 2030, "objective" means involving no
20 personal or subjective judgment by a public official and being
21 uniformly verifiable by reference to an external and uniform
22 benchmark or criterion available and knowable by both the
23 development applicant or proponent and the public official.
24 (10) Notwithstanding any other law, until January 1, 2030,
25 "determined to be complete" means that the applicant has submitted
26 a complete application pursuant to Section 65943.
27 (i) If any city, county, or city and county denies approval or
28 imposes conditions, including design changes, lower density, or
29 a reduction of the percentage of a lot that may be occupied by a
30 building or structure under the applicable planning and zoning in
31 force at the time the housing development project's application is
32 complete, that have a substantial adverse effect on the viability or
33 affordability of a housing development for very low, low-, or
34 moderate -income households, and the denial of the development
35 or the imposition of conditions on the development is the subject
36 of a court action which challenges the denial or the imposition of
37 conditions, then the burden of proof shall be on the local legislative
38 body to show that its decision is consistent with the findings as
39 described in subdivision (d), and that the findings are supported
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1 by a preponderance of the evidence in the record, and with the
2 requirements of subdivision (o).
3 0) (1) When a proposed housing development project complies
4 with applicable, objective general plan, zoning, and subdivision
5 standards and criteria, including design review standards, in effect
6 at the time that the application was deemed complete, but the local
7 agency proposes to disapprove the project or to impose a condition
8 that the project be developed at a lower density, the local agency
9 shall base its decision regarding the proposed housing development
10 project upon written findings supported by a preponderance of the
11 evidence on the record that both of the following conditions exist:
12 (A) The housing development project would have a specific,
13 adverse impact upon the public health or safety unless the project
14 is disapproved or approved upon the condition that the project be
15 developed at a lower density. As used in this paragraph, a "specific,
16 adverse impact" means a significant, quantifiable, direct, and
17 unavoidable impact, based on objective, identified written public
18 health or safety standards, policies, or conditions as they existed
19 on the date the application was deemed complete.
20 (B) There is no feasible method to satisfactorily mitigate or
21 avoid the adverse impact identified pursuant to paragraph (1), other
22 than the disapproval of the housing development project or the
23 approval of the project upon the condition that it be developed at
24 a lower density.
25 (2) (A) If the local agency considers a proposed housing
26 development project to be inconsistent, not in compliance, or not
27 in conformity with an applicable plan, program, policy, ordinance,
28 standard, requirement, or other similar provision as specified in
29 this subdivision, it shall provide the applicant with written
30 documentation identifying the provision or provisions, and an
31 explanation of the reason or reasons it considers the housing
32 development to be inconsistent, not in compliance, or not in
33 conformity as follows:
34 (i) Within 30 days of the date that the application for the housing
35 development project is determined to be complete, if the housing
36 development project contains 150 or fewer housing units.
37 (ii) Within 60 days of the date that the application for the
38 housing development project is determined to be complete, if the
39 housing development project contains more than 150 units.
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1 (B) If the local agency fails to provide the required
2 documentation pursuant to subparagraph (A), the housing
3 development project shall be deemed consistent, compliant, and
4 in conformity with the applicable plan, program, policy, ordinance,
5 standard, requirement, or other similar provision.
6 (3) For purposes of this section, the receipt of a density bonus,
7 incentive, concession, waiver, or reduction of development
8 standards pursuant to Section 65915 shall not constitute a valid
9 basis on which to find a proposed housing development project is
10 inconsistent, not in compliance, or not in conformity, with an
11 applicable plan, program, policy, ordinance, standard, requirement,
12 or other similar provision specified in this subdivision.
13 (4) For purposes of this section, a proposed housing development
14 project is not inconsistent with the applicable zoning standards
15 and criteria, and shall not require a rezoning, if the housing
16 development project is consistent with the objective general plan
17 standards and criteria but the zoning for the project site is
18 inconsistent with the general plan. If the local agency has complied
19 with paragraph (2), the local agency may require the proposed
20 housing development project to comply with the objective
21 standards and criteria of the zoning which is consistent with the
22 general plan, however, the standards and criteria shall be applied
23 to facilitate and accommodate development at the density allowed
24 on the site by the general plan and proposed by the proposed
25 housing development project.
26 (k) (1) (A) (i) The applicant, a person who would be eligible
27 to apply for residency in the housing development project or
28 emergency shelter, or a housing organization may bring an action
29 to enforce this section. If, in any action brought to enforce this
30 section, a court finds that any of the following are met, the court
31 shall issue an order pursuant to clause (ii):
32 (I) The local agency, in violation of subdivision (d), disapproved
33 a housing development project or conditioned its approval in a
34 manner rendering it infeasible for the development of an emergency
35 shelter, or housing for very low, low-, or moderate -income
36 households, including farmworker housing, without making the
37 findings required by this section or without making findings
38 supported by a preponderance of the evidence.
39 (II) The local agency, in violation of subdivision 0), disapproved
40 a housing development project complying with applicable,
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1 objective general plan and zoning standards and criteria, or imposed
2 a condition that the project be developed at a lower density, without
3 making the findings required by this section or without making
4 findings supported by a preponderance of the evidence.
5 (III) (ia) Subject to sub-subclause (ib), the local agency, in
6 violation of subdivision (o), required or attempted to require a
7 housing development project to comply with an ordinance, policy,
8 or standard not adopted and in effect when a preliminary
9 application was submitted.
10 (ib) This subclause shall become inoperative on January 1, 2030.
11 (ii) If the court finds that one of the conditions in clause (i) is
12 met, the court shall issue an order or judgment compelling
13 compliance with this section within 60 days, including, but not
14 limited to, an order that the local agency take action on the housing
15 development project or emergency shelter. The court may issue
16 an order or judgment directing the local agency to approve the
17 housing development project or emergency shelter if the court
18 finds that the local agency acted in bad faith when it disapproved
19 or conditionally approved the housing development or emergency
20 shelter in violation of this section. The court shall retain jurisdiction
21 to ensure that its order or judgment is carried out and shall award
22 reasonable attorney's fees and costs of suit to the plaintiff or
23 petitioner, provided, however, that the court shall not award
24 attorney's fees in either of the following instances:
25 (I) The court finds, under extraordinary circumstances, that
26 awarding fees would not further the purposes of this section.
27 (II) (ia) In a case concerning a disapproval within the meaning
28 of subparagraph (D) or (E) of paragraph (6) of subdivision (h), the
29 court finds that the local agency acted in good faith and had
30 reasonable cause to disapprove the housing development project
31 due to the existence of a controlling question of law about the
32 application of the California Environmental Quality Act (Division
33 13 (commencing with Section 21000) of the Public Resources
34 Code) or implementing guidelines as to which there was a
35 substantial ground for difference of opinion at the time of the
36 disapproval.
37 (ib) This subclause shall become inoperative on January 1, 2031.
38 (B) Upon a determination that the local agency has failed to
39 comply with the order or judgment compelling compliance with
40 this section within 60 days issued pursuant to subparagraph (A),
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1 the court shall impose fines on a local agency that has violated this
2 section and require the local agency to deposit any fine levied
3 pursuant to this subdivision into a local housing trust fund. The
4 local agency may elect to instead deposit the fine into the Building
5 Homes and Jobs Trust Fund. The fine shall be in a minimum
6 amount of ten thousand dollars ($10,000) per housing unit in the
7 housing development project on the date the application was
8 deemed complete pursuant to Section 65943. In determining the
9 amount of fine to impose, the court shall consider the local
10 agency's progress in attaining its target allocation of the regional
11 housing need pursuant to Section 65584 and any prior violations
12 of this section. Fines shall not be paid out of funds already
13 dedicated to affordable housing, including, but not limited to, Low
14 and Moderate Income Housing Asset Funds, funds dedicated to
15 housing for very low, low-, and moderate -income households, and
16 federal HOME Investment Partnerships Program and Community
17 Development Block Grant Program funds. The local agency shall
18 commit and expend the money in the local housing trust fund
19 within five years for the sole purpose of financing newly
20 constructed housing units affordable to extremely low, very low,
21 or low-income households. After five years, if the funds have not
22 been expended, the money shall revert to the state and be deposited
23 in the Building Homes and Jobs Trust Fund for the sole purpose
24 of financing newly constructed housing units affordable to
25 extremely low, very low, or low-income households.
26 (C) If the court determines that its order or judgment has not
27 been carried out within 60 days, the court may issue further orders
28 as provided by law to ensure that the purposes and policies of this
29 section are fulfilled, including, but not limited to, an order to vacate
30 the decision of the local agency and to approve the housing
31 development project, in which case the application for the housing
32 development project, as proposed by the applicant at the time the
33 local agency took the initial action determined to be in violation
34 of this section, along with any standard conditions determined by
35 the court to be generally imposed by the local agency on similar
36 projects, shall be deemed to be approved unless the applicant
37 consents to a different decision or action by the local agency.
38 (2) For purposes of this subdivision, "housing organization"
39 means a trade or industry group whose local members are primarily
40 engaged in the construction or management of housing units or a
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1 nonprofit organization whose mission includes providing or
2 advocating for increased access to housing for low-income
3 households and have filed written or oral comments with the local
4 agency prior to action on the housing development project. A
5 housing organization may only file an action pursuant to this
6 section to challenge the disapproval of a housing development by
7 a local agency. A housing organization shall be entitled to
8 reasonable attorney's fees and costs if it is the prevailing party in
9 an action to enforce this section.
10 (0 If the court finds that the local agency (1) acted in bad faith
11 when it disapproved or conditionally approved the housing
12 development or emergency shelter in violation of this section and
13 (2) failed to carry out the court's order or judgment within 60 days
14 as described in subdivision (k), the court, in addition to any other
15 remedies provided by this section, shall multiply the fine
16 determined pursuant to subparagraph (B) of paragraph (1) of
17 subdivision (k) by a factor of five. For purposes of this section,
18 "bad faith" includes, but is not limited to, an action that is frivolous
19 or otherwise entirely without merit.
20 (m) (1) Any action brought to enforce the provisions of this
21 section shall be brought pursuant to Section 1094.5 of the Code
22 of Civil Procedure, and the local agency shall prepare and certify
23 the record of proceedings in accordance with subdivision (c) of
24 Section 1094.6 of the Code of Civil Procedure no later than 30
25 days after the petition is served, provided that the cost of
26 preparation of the record shall be borne by the local agency, unless
27 the petitioner elects to prepare the record as provided in subdivision
28 (n) of this section. A petition to enforce the provisions of this
29 section shall be filed and served no later than 90 days from the
30 later of (1) the effective date of a decision of the local agency
31 imposing conditions on, disapproving, or any other final action on
32 a housing development project or (2) the expiration of the time
33 periods specified in subparagraph (B) of paragraph (5) of
34 subdivision (h). Upon entry of the trial court's order, a party may,
35 in order to obtain appellate review of the order, file a petition
36 within 20 days after service upon it of a written notice of the entry
37 of the order, or within such further time not exceeding an additional
38 20 days as the trial court may for good cause allow, or may appeal
39 the judgment or order of the trial court under Section 904.1 of the
40 Code of Civil Procedure. If the local agency appeals the judgment
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1 of the trial court, the local agency shall post a bond, in an amount
2 to be determined by the court, to the benefit of the plaintiff if the
3 plaintiff is the project applicant.
4 (2) (A) A disapproval within the meaning of subparagraph (D)
5 of paragraph (6) of subdivision (h) shall be final for purposes of
6 this subdivision, if the local agency did not make a lawful
7 determination within the time period set forth in subclause (V) of
8 clause (i) of that subparagraph after the applicant's timely written
9 notice.
10 (B) This paragraph shall become inoperative on January 1, 2031.
11 (3) (A) A disapproval within the meaning of subparagraph (E)
12 of paragraph (6) of subdivision (h) shall be final for purposes of
13 this subdivision, if the local agency did not make a lawful
14 determination within 90 days of the applicant's timely written
15 notice.
16 (B) This paragraph shall become inoperative on January 1, 2031.
17 (n) In any action, the record of the proceedings before the local
18 agency shall be filed as expeditiously as possible and,
19 notwithstanding Section 1094.6 of the Code of Civil Procedure or
20 subdivision (m) of this section, all or part of the record may be
21 prepared (1) by the petitioner with the petition or petitioner's points
22 and authorities, (2) by the respondent with respondent's points and
23 authorities, (3) after payment of costs by the petitioner, or (4) as
24 otherwise directed by the court. If the expense of preparing the
25 record has been borne by the petitioner and the petitioner is the
26 prevailing party, the expense shall be taxable as costs.
27 (o) (1) (A) Subject to paragraphs (2), (6), and (7), and
28 subdivision (d) of Section 65941.1, a housing development project
29 shall be subject only to the ordinances, policies, and standards
30 adopted and in effect when a preliminary application including all
31 of the information required by subdivision (a) of Section 65941.1
32 was submitted.
33 (B) For purposes of a local agency's approval, conditional
34 approval, or disapproval of a housing development project pursuant
35 to subdivision (d), a housing element or amendment shall be
36 considered in substantial compliance with this article only if the
37 element or amendment was in substantial compliance, as
38 determined by the department or a court of competent jurisdiction,
39 when a preliminary application, including all of the information
40 required by subdivision (a) of Section 65941.1, was submitted or,
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if a preliminary application was not submitted, when a complete
application pursuant to Section 65943 was submitted. This
subparagraph does not constitute a change in, but is declaratory
of, existing law.
(2) Paragraph (1) shall not prohibit a housing development
project from being subject to ordinances, policies, and standards
adopted after the preliminary application was submitted pursuant
to Section 65941.1 in the following circumstances:
(A) In the case of a fee, charge, or other monetary exaction, to
an increase resulting from an automatic annual adjustment based
on an independently published cost index that is referenced in the
ordinance or resolution establishing the fee or other monetary
exaction.
(B) A preponderance of the evidence in the record establishes
that subjecting the housing development project to an ordinance,
policy, or standard beyond those in effect when a preliminary
application was submitted is necessary to mitigate or avoid a
specific, adverse impact upon the public health or safety, as defined
in subparagraph (A) of paragraph (1) of subdivision 0), and there
is no feasible alternative method to satisfactorily mitigate or avoid
the adverse impact.
(C) Subjecting the housing development project to an ordinance,
policy, standard, or any other measure, beyond those in effect when
a preliminary application was submitted is necessary to avoid or
substantially lessen an impact of the project under the California
Environmental Quality Act (Division 13 (commencing with Section
21000) of the Public Resources Code).
(D) The housing development project has not commenced
construction within two and one-half years, or three and one-half
years for an affordable housing project, following the date that the
project received final approval. For purposes of this subparagraph:
(i) "Affordable housing project" means a housing development
that satisfies both of the following requirements:
(I) Units within the development are subject to a recorded
affordability restriction for at least 55 years for rental housing and
45 years for owner -occupied housing, or the first purchaser of each
unit participates in an equity sharing agreement as described in
subparagraph (C) of paragraph (2) of subdivision (c) of Section
65915.
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(II) All of the units within the development, excluding managers'
units, are dedicated to lower income households, as defined by
Section 50079.5 of the Health and Safety Code.
(ii) "Final approval" means that the housing development project
has received all necessary approvals to be eligible to apply for,
and obtain, a building permit or permits and either of the following
is met:
(I) The expiration of all applicable appeal periods, petition
periods, reconsideration periods, or statute of limitations for
challenging that final approval without an appeal, petition, request
for reconsideration, or legal challenge having been filed.
(II) If a challenge is filed, that challenge is fully resolved or
settled in favor of the housing development project.
(E) The housing development project is revised following
submittal of a preliminary application pursuant to Section 65941.1
such that the number of residential units or square footage of
construction changes by 20 percent or more, exclusive of any
increase resulting from the receipt of a density bonus, incentive,
concession, waiver, or similar provision, including any other locally
authorized program that offers additional density or other
development bonuses when affordable housing is provided. For
purposes of this subdivision, "square footage of construction"
means the building area, as defined by the California Building
Standards Code (Title 24 of the California Code of Regulations).
(3) This subdivision does not prevent a local agency from
subjecting the additional units or square footage of construction
that result from project revisions occurring after a preliminary
application is submitted pursuant to Section 65941.1 to the
ordinances, policies, and standards adopted and in effect when the
preliminary application was submitted.
(4) For purposes of this subdivision, "ordinances, policies, and
standards" includes general plan, community plan, specific plan,
zoning, design review standards and criteria, subdivision standards
and criteria, and any other rules, regulations, requirements, and
policies of a local agency, as defined in Section 66000, including
those relating to development impact fees, capacity or connection
fees or charges, permit or processing fees, and other exactions.
(5) This subdivision shall not be construed in a manner that
would lessen the restrictions imposed on a local agency, or lessen
the protections afforded to a housing development project, that are
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1 established by any other law, including any other part of this
2 section.
3 (6) This subdivision shall not restrict the authority of a public
4 agency or local agency to require mitigation measures to lessen
5 the impacts of a housing development project under the California
6 Environmental Quality Act (Division 13 (commencing with Section
7 21000) of the Public Resources Code).
8 (7) With respect to completed residential units for which the
9 project approval process is complete and a certificate of occupancy
10 has been issued, nothing in this subdivision shall limit the
11 application of later enacted ordinances, policies, and standards
12 that regulate the use and occupancy of those residential units, such
13 as ordinances relating to rental housing inspection, rent
14 stabilization, restrictions on short-term renting, and business
15 licensing requirements for owners of rental housing.
16 (8) (A) This subdivision shall apply to a housing development
17 project that submits a preliminary application pursuant to Section
18 65941.1 before January 1, 2030.
19 (B) This subdivision shall become inoperative on January 1,
20 2034.
21 (p) (1) Upon any motion for an award of attorney's fees
22 pursuant to Section 1021.5 of the Code of Civil Procedure, in a
23 case challenging a local agency's approval of a housing
24 development project, a court, in weighing whether a significant
25 benefit has been conferred on the general public or a large class
26 of persons and whether the necessity of private enforcement makes
27 the award appropriate, shall give due weight to the degree to which
28 the local agency's approval furthers policies of this section,
29 including, but not limited to, subdivisions (a), (b), and (c), the
30 suitability of the site for a housing development, and the
31 reasonableness of the decision of the local agency. It is the intent
32 of the Legislature that attorney's fees and costs shall rarely, if ever,
33 be awarded if a local agency, acting in good faith, approved a
34 housing development project that satisfies conditions established
35 in subclauses (I), (II), and (III) of clause (i) of subparagraph (D)
36 of paragraph (6) of subdivision (h) or clauses (i), (ii), and (iii) of
37 subparagraph (E) of paragraph (6) of subdivision (h).
38 (2) This subdivision shall become inoperative on January 1,
39 2031.
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(q) This section shall be known, and may be cited, as the
Housing Accountability Act.
(r) The provisions of this section are severable. If any provision
of this section or its application is held invalid, that invalidity shall
not affect other provisions or applications that can be given effect
without the invalid provision or application.
SEC. 3. No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because
a local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.
REVISIONS:
Heading —Line 2.
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d:!A
SANIA CLARITA, CALIFORNIA
Legislative Committee May 15, 2024
Assembly Bill 1990 — Criminal Procedure: Arrests: Shoplifting
Recommendation
Legislative Committee recommend support of Assembly Bill 1990.
Summary
Introduced by Assembly Member Wendy Carrillo (D-52-East Los Angeles), Assembly Bill 1990
authorizes sworn law enforcement officers to make a warrantless arrest for shoplifting, even if
the crime is not committed in their presence, provided there is probable cause.
Background
Current state law allows for a sworn law enforcement official to arrest a person for committing
specified crimes not committed in the officer's presence, including domestic violence, violations
of a domestic violence protective or restraining order, or for carrying a concealed firearm within
an airport. This legislation adds shoplifting to the list of arrestable crimes without requiring the
presence of an officer.
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, to misdemeanors. Under previous state law, shoplifting property worth
$950 or less, a type of petty theft, was a misdemeanor. However, such crimes could also be
charged as burglary, instead, if the shoplifter intended to shoplift upon entering the store, which
could be prosecuted as a felony and sentenced up to three years in prison.
With the approval of Proposition 47 (2014), shoplifting property worth $950 or less is a
misdemeanor, regardless of intent, and holds a sentence of up to one year in county jail and/or a
fine up to $1,000.
According to the Public Policy Institute of California, which had researchers testify to the State
Assembly Select Committee on Retail Theft, overall felony retail theft was up 16 percent in 2022
compared to 2019. Commercial robbery, which includes thefts in which force is used or
threatened, like some smash-and-grab thefts, was up 13 percent over the same time period.
The Santa Clarita City Council supported a similar bill, Assembly Bill 2943 (Zbur), at the March
26, 2024, Regular City Council Meeting.
The recommendation to support Assembly Bill 1990 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
Packet Pg. 48
109, Proposition 47, and Proposition 57 on local governments and provide local law enforcement
with the appropriate tools to reduce criminal activity."
Supporters
California Association of Highway Patrolmen
California Business Properties Association
California District Attorneys Association
California Police Chiefs Association
California State Sheriffs' Association
Chief Probation Officers' of California (CPOC)
League of California Cities
Opponents
A New Way of Life Re-entry Project
California Immigrant Policy Center
California Public Defenders Association
Center for Empowering Refugees and Immigrants
Ella Baker Center for Human Rights
LA Voice
Young Women's Freedom Center
Bill Status
Assembly Bill 1990 passed the Assembly Committee on Public Safety (7-0-1) on April 9, 2024,
and is pending an Assembly Floor vote.
Packet Pg. 49
AMENDED IN ASSEMBLY APRIL 16, 2024
AMENDED IN ASSEMBLY MARCH 18, 2024
CALIFORNIA LEGISLATURE-2023-24 REGULAR SESSION
ASSEMBLY BILL No. 1990
Introduced by Assembly Member Wendy Carrillo
(Principal coauthors: Assembly Members Gipson and Villapudua)
(Conuthor, Assembly Member Alanis)
(Coauthors: Assembly Members Alanis, Lackey, Stephanie Nguyen,
Petrie -Norris, and Rodriguez)
January 30, 2024
An act to amend Sections 836 and 853.6 of the Penal Code, relating
to criminal procedure.
LEGISLATIVE COUNSEL'S DIGEST
AB 1990, as amended, Wendy Carrillo. Criminal procedure: arrests:
shoplifting.
(1) 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
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AB 1990 —2—
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
committedhoplifting. shoplifting, as specified
(2) 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,
existing law exempts from this provision persons arrest for specified
crimes including domestic violence, stalking, threatening a witness,
and, until January 1, 2026, organized retail theft.
This bill would additionally exempt a person arrested for shoplifting
from the requirement that they be released on citation.
Vote: majority. Appropriation: no. Fiscal committee: no.
State -mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. Section 836 of the Penal Code is amended to
2 read:
3 836. (a) A peace officer may arrest a person in obedience to
4 a warrant, or, pursuant to the authority granted by Chapter 4.5
5 (commencing with Section 830), without a warrant, may arrest a
6 person whenever any of the following circumstances occur:
7 (1) The officer has probable cause to believe that the person to
8 be arrested has committed a public offense in the officer's presence.
9 (2) The person arrested has committed a felony, although not
10 in the officer's presence.
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1 (3) The officer has probable cause to believe that the person to
2 be arrested has committed a felony, whether or not a felony, in
3 fact, has been committed.
4 (b) Any time a peace officer is called out on a domestic violence
5 call, it shall be mandatory that the officer make a good faith effort
6 to inform the victim of their right to make a citizen's arrest, unless
7 the peace officer makes an arrest for a violation of paragraph (1)
8 of subdivision (e) of Section 243 or 273.5. This information shall
9 include advising the victim how to safely execute the arrest.
10 (c) (1) When a peace officer is responding to a call alleging a
11 violation of a domestic violence protective or restraining order
12 issued under Section 527.6 of the Code of Civil Procedure, the
13 Family Code, Section 136.2, 646.91, or paragraph (2) of
14 subdivision (a) of Section 1203.097 of this code, Section 213.5 or
15 15657.03 of the Welfare and Institutions Code, or of a domestic
16 violence protective or restraining order issued by the court of
17 another state, tribe, or territory and the peace officer has probable
18 cause to believe that the person against whom the order is issued
19 has notice of the order and has committed an act in violation of
20 the order, the officer shall, consistent with subdivision (b) of
21 Section 13 70 1, make a lawful arrest of the person without a warrant
22 and take that person into custody whether or not the violation
23 occurred in the presence of the arresting officer. The officer shall,
24 as soon as possible after the arrest, confirm with the appropriate
25 authorities or the Domestic Violence Protection Order Registry
26 maintained pursuant to Section 6380 of the Family Code that a
27 true copy of the protective order has been registered, unless the
28 victim provides the officer with a copy of the protective order.
29 (2) The person against whom a protective order has been issued
30 shall be deemed to have notice of the order if the victim presents
31 to the officer proof of service of the order, the officer confirms
32 with the appropriate authorities that a true copy of the proof of
33 service is on file, or the person against whom the protective order
34 was issued was present at the protective order hearing or was
35 informed by a peace officer of the contents of the protective order.
36 (3) In situations where mutual protective orders have been issued
37 under Division 10 (commencing with Section 6200) of the Family
38 Code, liability for arrest under this subdivision applies only to
39 those persons who are reasonably believed to have been the
40 dominant aggressor. In those situations, prior to making an arrest
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AB 1990 — 4 —
1 under this subdivision, the peace officer shall make reasonable
2 efforts to identify, and may arrest, the dominant aggressor involved
3 in the incident. The dominant aggressor is the person determined
4 to be the most significant, rather than the first, aggressor. In
5 identifying the dominant aggressor, an officer shall consider (A)
6 the intent of the law to protect victims of domestic violence from
7 continuing abuse, (B) the threats creating fear of physical injury,
8 (C) the history of domestic violence between the persons involved,
9 and (D) whether either person involved acted in self-defense.
10 (d) Notwithstanding paragraph (1) of subdivision (a), if a suspect
11 commits an assault or battery upon a current or former spouse,
12 fiance, fiancee, a current or former cohabitant as defined in Section
13 6209 of the Family Code, a person with whom the suspect currently
14 is having or has previously had an engagement or dating
15 relationship, as defined in paragraph (10) of subdivision (f) of
16 Section 243, a person with whom the suspect has parented a child,
17 or is presumed to have parented a child pursuant to the Uniform
18 Parentage Act (Part 3 (commencing with Section 7600) of Division
19 12 of the Family Code), a child of the suspect, a child whose
20 parentage by the suspect is the subject of an action under the
21 Uniform Parentage Act, a child of a person in one of the above
22 categories, any other person related to the suspect by consanguinity
23 or affinity within the second degree, or any person who is 65 years
24 of age or older and who is related to the suspect by blood or legal
25 guardianship, a peace officer may arrest the suspect without a
26 warrant where both of the following circumstances apply:
27 (1) The peace officer has probable cause to believe that the
28 person to be arrested has committed the assault or battery, whether
29 or not it has in fact been committed.
30 (2) The peace officer makes the arrest as soon as probable cause
31 arises to believe that the person to be arrested has committed the
32 assault or battery, whether or not it has in fact been committed.
33 (e) In addition to the authority to make an arrest without a
34 warrant pursuant to paragraphs (1) and (3) of subdivision (a), a
35 peace officer may, without a warrant, arrest a person for a violation
36 of Section 25400 when all of the following apply:
37 (1) The officer has reasonable cause to believe that the person
38 to be arrested has committed the violation of Section 25400.
39 (2) The violation of Section 25400 occurred within an airport,
40 as defined in Section 21013 of the Public Utilities Code, in an area
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— 5 — AB 1990
1 to which access is controlled by the inspection of persons and
2 property.
3 (3) The peace officer makes the arrest as soon as reasonable
4 cause arises to believe that the person to be arrested has committed
5 the violation of Section 25400.
6 (f) (1) In addition to the authority to make an arrest without a
7 warrant pursuant to subdivision (a), a peace officer may, without
8 a warrant, arrest a person for a violation of Section 459.5 not
9 committed in the officer's presence if the officer haste
10 probable cause to believe that the person to be arrested has
11 committed a violation of Section 459.5.
12 (2) The probable cause to make an arrest shall be based on a
13 sworn statement obtained by the officer from a person who
14 witnessed the person to be arrested committing the alleged
15 violation.
16 SEC. 2. Section 853.6 of the Penal Code, as amended by
17 Section 1 of Chapter 856 of the Statutes of 2022, is amended to
18 read:
19 853.6. (a) (1) When a person is arrested for an offense declared
20 to be a misdemeanor, including a violation of a city or county
21 ordinance, and does not demand to be taken before a magistrate,
22 that person shall, instead of being taken before a magistrate, be
23 released according to the procedures set forth by this chapter,
24 although nothing prevents an officer from first booking an arrestee
25 pursuant to subdivision (g). If the person is released, the officer
26 or the officer's superior shall prepare in duplicate a written notice
27 to appear in court, containing the name and address of the person,
28 the offense charged, and the time when, and place where, the
29 person shall appear in court. If, pursuant to subdivision (i), the
30 person is not released prior to being booked and the officer in
31 charge of the booking or the officer's superior determines that the
32 person should be released, the officer or the officer's superior shall
33 prepare a written notice to appear in a court.
34 (2) When a person is arrested for a misdemeanor violation of a
35 protective court order involving domestic violence, as defined in
36 Section 13700, or arrested pursuant to a policy, as described in
37 Section 13701, the person shall be taken before a magistrate instead
38 of being released according to the procedures set forth in this
39 chapter, unless the arresting officer determines that there is not a
40 reasonable likelihood that the offense will continue or resume or
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AB 1990
1 that the safety of persons or property would be imminently
2 endangered by release of the person arrested. Prior to adopting
3 these provisions, each city, county, or city and county shall develop
4 a protocol to assist officers to determine when arrest and release
5 is appropriate, rather than taking the arrested person before a
6 magistrate. The county shall establish a committee to develop the
7 protocol, consisting of, at a minimum, the police chief or county
8 sheriff within the jurisdiction, the district attorney, county counsel,
9 city attorney, representatives from domestic violence shelters,
10 domestic violence councils, and other relevant community
11 agencies.
12 (3) This subdivision does not apply to the crimes specified in
13 Section 1270.1, including crimes defined in each of the following:
14 (A) Paragraph (1) of subdivision (e) of Section 243.
15 (B) Section 273.5.
16 (C) Section 273.6, if the detained person made threats to kill or
17 harm, has engaged in violence against, or has gone to the residence
18 or workplace of, the protected party.
19 (D) Section 646.9.
20 (4) This subdivision shall not affect a defendant's ability to be
21 released on bail or on their own recognizance, except as specified
22 in Section 1270.1.
23 (b) Unless waived by the person, the time specified in the notice
24 to appear shall be at least 10 days after arrest if the duplicate notice
25 is to be filed by the officer with the magistrate.
26 (c) The place specified in the notice shall be the court of the
27 magistrate before whom the person would be taken if the
28 requirement of taking an arrested person before a magistrate were
29 complied with, or shall be an officer authorized by that court to
30 receive a deposit of bail.
31 (d) The officer shall deliver one copy of the notice to appear to
32 the arrested person, and the arrested person, in order to secure
33 release, shall give their written promise to appear in court as
34 specified in the notice by signing the duplicate notice, which shall
35 be retained by the officer, and the officer may require the arrested
36 person, if the arrested person has no satisfactory identification, to
37 place a right thumbprint, or a left thumbprint or fingerprint if the
38 person has a missing or disfigured right thumb, on the notice to
39 appear. Except for law enforcement purposes relating to the identity
40 of the arrestee, a person or entity shall not sell, give away, allow
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1 the distribution of, include in a database, or create a database with,
2 this print. Upon the signing of the duplicate notice, the arresting
3 officer shall immediately release the person arrested from custody.
4 (e) The officer shall, as soon as practicable, file the duplicate
5 notice, as follows:
6 (1) It shall be filed with the magistrate if the offense charged is
7 an infraction.
8 (2) It shall be filed with the magistrate if the prosecuting attorney
9 has previously directed the officer to do so.
10 (3) (A) The duplicate notice and underlying police reports in
11 support of the charge or charges shall be filed with the prosecuting
12 attorney in cases other than those specified in paragraphs (1) and
13 (2).
14 (B) If the duplicate notice is filed with the prosecuting attorney,
15 the prosecuting attorney, within their discretion, may initiate
16 prosecution by filing the notice or a formal complaint with the
17 magistrate specified in the duplicate notice within 25 days from
18 the time of arrest. If the prosecution is not to be initiated, the
19 prosecutor shall send notice to the person arrested at the address
20 on the notice to appear. The failure by the prosecutor to file the
21 notice or formal complaint within 25 days of the time of the arrest
22 shall not bar further prosecution of the misdemeanor charged in
23 the notice to appear. However, any further prosecution shall be
24 preceded by a new and separate citation or an arrest warrant.
25 (C) Upon the filing of the notice with the magistrate by the
26 officer, or the filing of the notice or formal complaint by the
27 prosecutor, the magistrate may fix the amount of bail that in the
28 magistrate's judgment, in accordance with Section 1275, is
29 reasonable and sufficient for the appearance of the defendant and
30 shall endorse upon the notice a statement signed by the magistrate
31 in the form set forth in Section 815a. The defendant may, prior to
32 the date upon which the defendant promised to appear in court,
33 deposit with the magistrate the amount of bail set by the magistrate.
34 At the time the case is called for arraignment before the magistrate,
35 if the defendant does not appear, either in person or by counsel,
36 the magistrate may declare the bail forfeited, and may, in the
37 magistrate's discretion, order that further proceedings shall not be
38 had in the case, unless the defendant has been charged with a
39 violation of Section 374.3 or 374.7 of this code or of Section
40 11357, 11360, or 13002 of the Health and Safety Code, or a
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AB 1990
1 violation punishable under Section 5008.7 of the Public Resources
2 Code, and the defendant has previously been convicted of a
3 violation of that section or a violation that is punishable under that
4 section, except when the magistrate finds that undue hardship will
5 be imposed upon the defendant by requiring the defendant to
6 appear, the magistrate may declare the bail forfeited and order that
7 further proceedings not be had in the case.
8 (D) Upon the making of the order that further proceedings not
9 be had, all sums deposited as bail shall immediately be paid into
10 the county treasury for distribution pursuant to Section 1463.
11 (f) A warrant shall not be issued for the arrest of a person who
12 has given a written promise to appear in court, unless and until the
13 person has violated that promise or has failed to deposit bail, to
14 appear for arraignment, trial, or judgment, or to comply with the
15 terms and provisions of the judgment, as required by law.
16 (g) The officer may book the arrested person at the scene or at
17 the arresting agency prior to release or indicate on the citation that
18 the arrested person shall appear at the arresting agency to be booked
19 or indicate on the citation that the arrested person shall appear at
20 the arresting agency to be fingerprinted prior to the date the arrested
21 person appears in court. If it is indicated on the citation that the
22 arrested person shall be booked or fingerprinted prior to the date
23 of the person's court appearance, the arresting agency, at the time
24 of booking or fingerprinting, shall provide the arrested person with
25 verification of the booking or fingerprinting by making an entry
26 on the citation. If it is indicated on the citation that the arrested
27 person is to be booked or fingerprinted, the magistrate, judge, or
28 court shall, before the proceedings begin, order the defendant to
29 provide verification that the defendant was booked or fingerprinted
30 by the arresting agency. If the defendant cannot produce the
31 verification, the magistrate, judge, or court shall require that the
32 defendant be booked or fingerprinted by the arresting agency before
33 the next court appearance, and that the defendant provide the
34 verification at the next court appearance unless both parties
35 stipulate that booking or fingerprinting is not necessary.
36 (h) A peace officer shall use the written notice to appear
37 procedure set forth in this section for any misdemeanor offense in
38 which the officer has arrested a person without a warrant pursuant
39 to Section 836 or in which the officer has taken custody of a person
40 pursuant to Section 847.
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1 (i) When a person is arrested by a peace officer for a
2 misdemeanor, that person shall be released according to the
3 procedures set forth in this chapter unless one of the following is
4 a reason for nonrelease, in which case the arresting officer may
5 release the person, except as provided in subdivision (a), or the
6 arresting officer shall indicate, on a form to be established by the
7 officer's employing law enforcement agency, which of the
8 following was a reason for the nonrelease:
9 (1) The person arrested was so intoxicated that they could have
10 been a danger to themselves or to others.
11 (2) The person arrested required medical examination or medical
12 care or was otherwise unable to care for their own safety.
13 (3) The person was arrested under one or more of the
14 circumstances listed in Sections 40302 and 40303 of the Vehicle
15 Code.
16 (4) There were one or more outstanding arrest warrants for the
17 person.
18 (5) The person could not provide satisfactory evidence of
19 personal identification.
20 (6) The prosecution of the offense or offenses for which the
21 person was arrested, or the prosecution of any other offense or
22 offenses, would be jeopardized by immediate release of the person
23 arrested.
24 (7) There was a reasonable likelihood that the offense or offenses
25 would continue or resume, or that the safety of persons or property
26 would be imminently endangered by release of the person arrested.
27 (8) The person arrested demanded to be taken before a
28 magistrate or refused to sign the notice to appear.
29 (9) There is reason to believe that the person would not appear
30 at the time and place specified in the notice. The basis for this
31 determination shall be specifically stated.
32 (10) (A) The person was subject to Section 1270.1.
33 (B) The form shall be filed with the arresting agency as soon
34 as practicable and shall be made available to any party having
35 custody of the arrested person, subsequent to the arresting officer,
36 and to any person authorized by law to release the arrested person
37 from custody before trial.
38 (11) The person has been cited, arrested, or convicted for
39 misdemeanor or felony theft from a store in the previous six
40 months.
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1 (12) There is probable cause to believe that the person arrested
2 is guilty of committing a violation of Section 490.4 or 459.5.
3 0) (1) Once the arresting officer has prepared the written notice
4 to appear and has delivered a copy to the person arrested, the officer
5 shall deliver the remaining original and all copies as provided by
6 subdivision (e).
7 (2) Any person, including the arresting officer and any member
8 of the officer's department or agency, or any peace officer, who
9 alters, conceals, modifies, nullifies, or destroys, or causes to be
10 altered, concealed, modified, nullified, or destroyed, the face side
11 of the remaining original or a copy of a citation that was retained
12 by the officer, for any reason, before it is filed with the magistrate
13 or with a person authorized by the magistrate to receive deposit
14 of bail, is guilty of a misdemeanor.
15 (3) If, after an arrested person has signed and received a copy
16 of a notice to appear, the arresting officer determines that, in the
17 interest of justice, the citation or notice should be dismissed, the
18 arresting agency may recommend, in writing, to the magistrate
19 that the charges be dismissed. The recommendation shall cite the
20 reasons for the recommendation and shall be filed with the court.
21 (4) If the magistrate makes a finding that there are grounds for
22 dismissal, the finding shall be entered in the record and the charges
23 dismissed.
24 (5) A personal relationship with any officer, public official, or
25 law enforcement agency shall not be grounds for dismissal.
26 (k) (1) A person contesting a charge by claiming under penalty
27 of perjury not to be the person issued the notice to appear may
28 choose to submit a right thumbprint, or a left thumbprint if the
29 person has a missing or disfigured right thumb, to the issuing court
30 through the person's local law enforcement agency for comparison
31 with the one placed on the notice to appear. A local law
32 enforcement agency providing this service may charge the requester
33 no more than the actual costs. The issuing court may refer the
34 thumbprint submitted and the notice to appear to the prosecuting
35 attorney for comparison of the thumbprints. When there is no
36 thumbprint or fingerprint on the notice to appear, or when the
37 comparison of thumbprints is inconclusive, the court shall refer
38 the notice to appear or copy thereof back to the issuing agency for
39 further investigation, unless the court finds that referral is not in
40 the interest of justice.
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1 (2) Upon initiation of the investigation or comparison process
2 by referral of the court, the court shall continue the case and the
3 speedy trial period shall be tolled for 45 days.
4 (3) Upon receipt of the issuing agency's or prosecuting
5 attorney's response, the court may make a finding of factual
6 innocence pursuant to Section 530.6 if the court determines that
7 there is insufficient evidence that the person cited is the person
8 charged and shall immediately notify the Department of Motor
9 Vehicles of its determination. If the Department of Motor Vehicles
10 determines the citation or citations in question formed the basis
11 of a suspension or revocation of the person's driving privilege, the
12 department shall immediately set aside the action.
13 (4) If the prosecuting attorney or issuing agency fails to respond
14 to a court referral within 45 days, the court shall make a finding
15 of factual innocence pursuant to Section 530.6, unless the court
16 finds that a finding of factual innocence is not in the interest of
17 justice.
18 (5) The citation or notice to appear may be held by the
19 prosecuting attorney or issuing agency for future adjudication
20 should the arrestee who received the citation or notice to appear
21 be found.
22 (0 For purposes of this section, the term "arresting agency"
23 includes any other agency designated by the arresting agency to
24 provide booking or fingerprinting services.
25 (m) This section shall remain in effect only until January 1,
26 2026, and as of that date is repealed.
27 SEC. 3. Section 853.6 of the Penal Code, as added by Section
28 2 of Chapter 856 of the Statutes of 2022, is amended to read:
29 853.6. (a) (1) When a person is arrested for an offense declared
30 to be a misdemeanor, including a violation of a city or county
31 ordinance, and does not demand to be taken before a magistrate,
32 that person shall, instead of being taken before a magistrate, be
33 released according to the procedures set forth by this chapter,
34 however an officer may first book an arrestee pursuant to
35 subdivision (g). If the person is released, the officer or the officer's
36 superior shall prepare, in duplicate, a written notice to appear in
37 court, containing the name and address of the person, the offense
38 charged, and the time when, and place where, the person shall
39 appear in court. If, pursuant to subdivision (i), the person is not
40 released prior to being booked and the officer in charge of the
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1 booking or the officer's superior determines that the person should
2 be released, the officer or the officer's superior shall prepare a
3 written notice to appear in a court.
4 (2) When a person is arrested for a misdemeanor violation of a
5 protective court order involving domestic violence, as defined in
6 subdivision (b) of Section 13700, or arrested pursuant to a policy
7 described in Section 13701, the person shall be taken before a
8 magistrate instead of being released according to the procedures
9 set forth in this chapter, unless the arresting officer determines that
10 there is not a reasonable likelihood that the offense will continue
11 or resume or that the safety of persons or property would be
12 imminently endangered by release of the person arrested. Prior to
13 adopting these provisions, each city, county, or city and county
14 shall develop a protocol to assist officers to determine when arrest
15 and release is appropriate, rather than taking the arrested person
16 before a magistrate. The county shall establish a committee to
17 develop the protocol, consisting of, at a minimum, the police chief
18 or county sheriff within the jurisdiction, the district attorney, county
19 counsel, city attorney, representatives from domestic violence
20 shelters, domestic violence councils, and other relevant community
21 agencies.
22 (3) This subdivision shall not apply to the crimes specified in
23 Section 1270.1, including crimes defined in each of the following:
24 (A) Paragraph (1) of subdivision (e) of Section 243.
25 (B) Section 273.5.
26 (C) Section 273.6, if the detained person made threats to kill or
27 harm, has engaged in violence against, or has gone to the residence
28 or workplace of, the protected party.
29 (D) Section 646.9.
30 (4) This subdivision does not affect a defendant's ability to be
31 released on bail or on their own recognizance, except as specified
32 in Section 1270.1.
33 (b) Unless waived by the person, the time specified in the notice
34 to appear shall be at least 10 days after arrest if the duplicate notice
35 is to be filed by the officer with the magistrate.
36 (c) The place specified in the notice shall be the court of the
37 magistrate before whom the person would be taken if the
38 requirement of taking an arrested person before a magistrate were
39 complied with, or shall be an officer authorized by that court to
40 receive a deposit of bail.
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1 (d) The officer shall deliver one copy of the notice to appear to
2 the arrested person, and the arrested person, in order to secure
3 release, shall give their written promise to appear in court as
4 specified in the notice by signing the duplicate notice, which shall
5 be retained by the officer. The officer may require the arrested
6 person, if the arrested person has no satisfactory identification, to
7 place a right thumbprint, or a left thumbprint or fingerprint if the
8 person has a missing or disfigured right thumb, on the notice to
9 appear. Except for law enforcement purposes relating to the identity
10 of the arrestee, a person or entity may not sell, give away, allow
11 the distribution of, include in a database, or create a database with,
12 this print. Upon the person signing the duplicate notice, the
13 arresting officer shall immediately release the person arrested from
14 custody.
15 (e) The officer shall, as soon as practicable, file the duplicate
16 notice, as follows:
17 (1) It shall be filed with the magistrate if the offense charged is
18 an infraction.
19 (2) It shall be filed with the magistrate if the prosecuting attorney
20 has previously directed the officer to do so.
21 (3) (A) The duplicate notice and underlying police reports in
22 support of the charge or charges shall be filed with the prosecuting
23 attorney in cases other than those specified in paragraphs (1) and
24 (2).
25 (B) If the duplicate notice is filed with the prosecuting attorney,
26 the prosecuting attorney, within their discretion, may initiate
27 prosecution by filing the notice or a formal complaint with the
28 magistrate specified in the duplicate notice within 25 days from
29 the time of arrest. If the prosecution is not to be initiated, the
30 prosecutor shall send notice to the person arrested at the address
31 on the notice to appear. The failure by the prosecutor to file the
32 notice or formal complaint within 25 days of the time of the arrest
33 shall not bar further prosecution of the misdemeanor charged in
34 the notice to appear. However, any further prosecution shall be
35 preceded by a new and separate citation or an arrest warrant.
36 (C) Upon the filing of the notice with the magistrate by the
37 officer, or the filing of the notice or formal complaint by the
38 prosecutor, the magistrate may fix the amount of bail that in the
39 magistrate's judgment, in accordance with Section 1275, is
40 reasonable and sufficient for the appearance of the defendant and
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AB 1990 —14 —
1 shall endorse upon the notice a statement signed by the magistrate
2 in the form set forth in Section 815a. The defendant may, prior to
3 the date upon which the defendant promised to appear in court,
4 deposit with the magistrate the amount of bail set by the magistrate.
5 When the case is called for arraignment before the magistrate, if
6 the defendant does not appear, either in person or by counsel, the
7 magistrate may declare the bail forfeited, and may, in the
8 magistrate's discretion, order that no further proceedings shall be
9 had in the case, unless the defendant has been charged with a
10 violation of Section 374.3 or 374.7 of this code or of Section
11 11357, 11360, or 13002 of the Health and Safety Code, or a
12 violation punishable under Section 5008.7 of the Public Resources
13 Code, and the defendant has previously been convicted of a
14 violation of that section or a violation that is punishable under that
15 section, except in cases where the magistrate finds that undue
16 hardship will be imposed upon the defendant by requiring the
17 defendant to appear, the magistrate may declare the bail forfeited
18 and order that no further proceedings be had in the case.
19 (D) Upon the making of the order that no further proceedings
20 be had, all sums deposited as bail shall immediately be paid into
21 the county treasury for distribution pursuant to Section 1463.
22 (f) A warrant shall not be issued for the arrest of a person who
23 has given a written promise to appear in court, unless and until the
24 person has violated that promise or has failed to deposit bail, to
25 appear for arraignment, trial, or judgment or to comply with the
26 terms and provisions of the judgment, as required by law.
27 (g) The officer may book the arrested person at the scene or at
28 the arresting agency prior to release or indicate on the citation that
29 the arrested person shall appear at the arresting agency to be booked
30 or indicate on the citation that the arrested person shall appear at
31 the arresting agency to be fingerprinted prior to the date the arrested
32 person appears in court. If it is indicated on the citation that the
33 arrested person shall be booked or fingerprinted prior to the date
34 of the person's court appearance, the arresting agency, at the time
35 of booking or fingerprinting, shall provide the arrested person with
36 verification of the booking or fingerprinting by making an entry
37 on the citation. If it is indicated on the citation that the arrested
38 person is to be booked or fingerprinted, the magistrate, judge, or
39 court shall, before the proceedings begin, order the defendant to
40 provide verification that the defendant was booked or fingerprinted
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-15 — AB 1990
1 by the arresting agency. If the defendant cannot produce the
2 verification, the magistrate, judge, or court shall require that the
3 defendant be booked or fingerprinted by the arresting agency before
4 the next court appearance, and that the defendant provide the
5 verification at the next court appearance unless both parties
6 stipulate that booking or fingerprinting is not necessary.
7 (h) A peace officer shall use the written notice to appear
8 procedure set forth in this section for any misdemeanor offense in
9 which the officer has arrested a person without a warrant pursuant
10 to Section 836 or in which the officer has taken custody of a person
11 pursuant to Section 847.
12 (i) When a person is arrested by a peace officer for a
13 misdemeanor, that person shall be released according to the
14 procedures set forth by this chapter unless one of the following is
15 a reason for nonrelease, in which case the arresting officer may
16 release the person, except as provided in subdivision (a), or the
17 arresting officer shall indicate, on a form to be established by the
18 officer's employing law enforcement agency, which of the
19 following was a reason for the nonrelease:
20 (1) The person arrested was so intoxicated that they could have
21 been a danger to themselves or to others.
22 (2) The person arrested required medical examination or medical
23 care or was otherwise unable to care for their own safety.
24 (3) The person was arrested under one or more of the
25 circumstances listed in Sections 40302 and 40303 of the Vehicle
26 Code.
27 (4) There were one or more outstanding arrest warrants for the
28 person.
29 (5) The person could not provide satisfactory evidence of
30 personal identification.
31 (6) The prosecution of the offense or offenses for which the
32 person was arrested, or the prosecution of any other offense or
33 offenses, would be jeopardized by immediate release of the person
34 arrested.
35 (7) There was a reasonable likelihood that the offense or offenses
36 would continue or resume, or that the safety of persons or property
37 would be imminently endangered by release of the person arrested.
38 (8) The person arrested demanded to be taken before a
39 magistrate or refused to sign the notice to appear.
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AB 1990 —16 —
1 (9) There is reason to believe that the person would not appear
2 at the time and place specified in the notice. The basis for this
3 determination shall be specifically stated.
4 (10) (A) The person was subject to Section 1270.1.
5 (11) There is probable cause to believe that the person arrested
6 is guilty of committing a violation of Section 459.5.
7 (B) The form shall be filed with the arresting agency as soon
8 as practicable and shall be made available to any party having
9 custody of the arrested person, subsequent to the arresting officer,
10 and to any person authorized by law to release the arrested person
11 from custody before trial.
12 0) (1) Once the arresting officer has prepared the written notice
13 to appear and has delivered a copy to the person arrested, the officer
14 shall deliver the remaining original and all copies as provided by
15 subdivision (e).
16 (2) A person, including the arresting officer and any member
17 of the officer's department or agency, or any peace officer, who
18 alters, conceals, modifies, nullifies, or destroys, or causes to be
19 altered, concealed, modified, nullified, or destroyed, the face side
20 of the remaining original or any copy of a citation that was retained
21 by the officer, for any reason, before it is filed with the magistrate
22 or with a person authorized by the magistrate to receive deposit
23 of bail, is guilty of a misdemeanor.
24 (3) If, after an arrested person has signed and received a copy
25 of a notice to appear, the arresting officer determines that, in the
26 interest of justice, the citation or notice should be dismissed, the
27 arresting agency may recommend, in writing, to the magistrate
28 that the charges be dismissed. The recommendation shall cite the
29 reasons for the recommendation and shall be filed with the court.
30 (4) If the magistrate makes a finding that there are grounds for
31 dismissal, the finding shall be entered in the record and the charges
32 dismissed.
33 (5) A personal relationship with any officer, public official, or
34 law enforcement agency shall not be grounds for dismissal.
35 (k) (1) A person contesting a charge by claiming under penalty
36 of perjury not to be the person issued the notice to appear may
37 choose to submit a right thumbprint, or a left thumbprint if the
38 person has a missing or disfigured right thumb, to the issuing court
39 through the person's local law enforcement agency for comparison
40 with the one placed on the notice to appear. A local law
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—17 — AB 1990
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3
4
5
6
7
8
9
10
11
12
13
14
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18
19
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21
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enforcement agency providing this service may charge the requester
no more than the actual costs. The issuing court may refer the
thumbprint submitted and the notice to appear to the prosecuting
attorney for comparison of the thumbprints. When there is no
thumbprint or fingerprint on the notice to appear, or when the
comparison of thumbprints is inconclusive, the court shall refer
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, 2026.
x
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drAA
AI`'iA CLARITA, CALIFORNIA
Legislative Committee May 15, 2024
Assembly Bill 2243 — Affordable Housing and High Road Jobs Act of 2022:
Objective Standards and Affordability and Site Criteria
Recommendation
Legislative Committee recommend to oppose of Assembly Bill 2243.
Summary
Introduced by Assembly Member Buffy Wicks (D-14-Oakland), Assembly Bill 2243 expands
Assembly Bill 2011, the Affordable Housing and High Road Jobs Act of 2022, (Chapter 647,
Statutes of 2022) and amends the site criteria for both affordable housing and mixed -income
projects eligible for the streamlined and ministerial review process.
Background
Assembly Bill 2011 (Chapter 647, Statutes of 2022) requires "by -right" streamlined and
ministerial approval of an affordable housing and mixed -use housing development projects along
commercial corridors in zones where office, retail, or parking are permitted regardless of a City's
General Plan or zoning code. Projects under a streamlined and ministerial review are not subject
to an appeals process, public hearing, and the California Environmental Quality Act (CEQA)
review.
Assembly Bill 2243 would expand the applicability of streamlined, ministerial local review and
approval process for affordable and mixed -use housing developments in commercial zonings
provided in Assembly Bill 2011 (Chapter 647, Statutes of 2022) and forces local governments to
allow by -right development that:
• Convert office buildings into housing units, even if the site is not located along a major
commercial corridor;
• Occur in "regional malls" that exceed 20 acres, but no more than 100 acres;
• Takes place in high-rise districts that are not located along a major commercial corridor;
and
• Occur within 500 feet of freeways and 3,200 feet of oil and gas extraction facilities, as
long as those projects utilize specified air filtration.
Additionally, Assembly Bill 2243 makes numerous clarifying changes to Assembly Bill 2011
(Chapter 647, Statutes of 2022), including:
Packet Pg. 67
Clarifies the intersection of Density Bonus Law and Assembly Bill 2011 (Chapter 647,
Statutes of 2022), specifically that the affordability requirements of AB 2011 apply to a
project's proposed base units, not any bonus or existing units;
Clarifies that all aspects of Assembly Bill 2011 (Chapter 647, Statutes of 2022) projects
are ministerial and not subject to CEQA; and
Specifies that any site remediation needs to occur after project approval but before the
site can be occupied.
Moreover, Assembly Bill 2243 would require the City's regular review process for a mixed -
income and affordable housing development projects, which may span 6-9 months, to be
conducted within 180 days if the project contains fewer than 150 housing units, and 90 days if
the project is larger.
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.
The City's review is to ensure that the use of the project, when considered on the basis of the
suitability of the site, is arranged to avoid traffic congestion and ensure the protection of public
health, safety, and general welfare. The City's review is also intended to prevent adverse effects on
neighboring property, facilitate the provision of utility services and other public facilities
commensurate with anticipated population, promote the City's historical and natural resources such
as oak trees, river areas, and ridgelines, and is in conformity with good zoning practice.
The City Council opposed a similar bill, Assembly Bill 3068 (Haney), at the March 26, 2024,
Regular City Council Meeting.
Additionally, the recommendation to oppose Assembly Bill 2243 is consistent with the City of
Santa Clarita 2024 Executive and Legislative Platform. Specifically, Component 1 under the
"State" section advises that the City Council, "Oppose legislation that would interfere with, limit
or eliminate the decision -making authority of municipalities in the area of local land use.
Supporters
Housing Action Coalition (Sponsor)
California Apartment Association
California Business Properties Association
California Community Builders
California Conference of Carpenters
California Housing Consortium
California State Council of Service Employees International Union (SEIU California)
California YIMBY
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Opponents
League of California Cities
Bill Status
Assembly Bill 2243 passed the Assembly Committee on Appropriations (15-0) on May 8, 2024,
and is pending an Assembly Floor vote.
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AMENDED IN ASSEMBLY APRIL 18, 2024
AMENDED IN ASSEMBLY MARCH 19, 2024
CALIFORNIA LEGISLATURE-2023-24 REGULAR SESSION
ASSEMBLY BILL No. 2243
Introduced by Assembly Member Wicks
February 8, 2024
An act to amend Sections 65912.101, 65912.111, 65912.112,
65912.113, 65912.114, 65912.121, 65912.122, 65912.123, and
65912.124 of the Government Code, relating to housing.
LEGISLATIVE COUNSEL'S DIGEST
AB 2243, as amended, Wicks. Affordable Housing and High Road
Jobs Act of 2022: objective standards and affordability and site criteria.
(1) Existing law, the Affordable Housing and High Road Jobs Act
of 2022, until January 1, 2033, authorizes a development proponent to
submit an application for an affordable housing development or a
mixed -income housing development that meets specified objective
standards and affordability and site criteria, including being located
within a zone where office, retail, or parking are a principally permitted
use. The act makes a development that meets those objective standards
and affordability and site criteria a use by right and subject to one of 2
streamlined, ministerial review processes depending on, among other
things, the affordability requirements applicable to the project.
This bill would make various changes to the objective standards and
affordability and site criteria applicable to an affordable housing
development or mixed -income housing development subject to the
streamlined, ministerial review process under the act. Among other
changes to those objective standards, the bill would prohibit an
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AB 2243 — 2 —
affordable housing development subject to the act from demolishing a
historic structure that was placed on a national, state, or local historic
register.
(2) The act prohibits a housing development from being subject to
the streamlined, ministerial approval process if it is located on a site or
adjoined to a site where more than % of the square footage is dedicated
to industrial use in the latest version of a local government's general
plan adopted before January 1, 2022.
This bill would instead prohibit a housing development from being
subject to the streamlined, ministerial approval process if it was
designated for industrial use in the latest version of a local government's
general plan adopted before January 1, 2022, and either residential uses
are not principally permitted on the site or the site is not adjoining a
parcel with a residential use.
Existing law prohibits a housing development from being subject to
the streamlined, ministerial approval process if it is located within 500
feet of a freeway or within 3,200 feet of a facility that actively extracts
or refines oil or natural gas.
This bill would authorize those housing developments to be subject
to the streamlined, ministerial approval process, provided that habitable
areas of the building provide air filtration media for outside and return
air that provide a minimum efficiency reporting value of 13, as specified.
(3) The act requires a mixed -income housing development subject
to the streamlined, ministerial review process to be located on a site
that abuts a commercial corridor and has a frontage along the
commercial corridor of a minimum of 50 feet.
This bill would, alternatively, allow a mixed -income housing
development to instead be located on a site that is an existing office
building. The bill would prohibit a local government from imposing
any density limitation on a mixed -income development project that is
a conversion of existing buildings into residential use, except as
specified.
The act prohibits a mixed -income housing development subject to
the streamlined, ministerial review process from being located on a site
greater than 20 acres.
This bill, if the mixed -income housing development is located on a
site that is a regional mall, as defined, would prohibit the development
from being located on a site greater than 100 acres.
The act requires a mixed -income housing development subject to the
streamlined, ministerial review process to meet specified affordability
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— 3 — AB 2243
criteria. In this regard, the act requires a rental housing development to
include either 8% of the units for very low income households and 5%
of the units for extremely low income households or 15% of the units
for lower income households. In the case of an owner -occupied housing
development, the act requires either 30% of the units be offered to
moderate -income households or 15% of the units be offered to lower
income households.
This bill would clarify that those affordability thresholds apply only
to the base units of the housing development project and excludes units
added by a density bonus.
(4) Existing law defines various terms for purposes of the act. The
act defines "use by right" to mean that the development is not subject
to a conditional use permit or other discretionary local government
review and the development project is not a "project" for purposes of
the California Environmental Quality Act.
This bill would revise various definitions for purposes of the act. The
bill would clarify that "use by right" means that the development project
is not subject to a conditional use permit or any other discretionary local
government approval, permit, or review process and no aspect of the
development project is a "project" for purposes of the California
Environmental Quality Act.
Existing law requires at least 75% of the perimeter of the housing
development site to be adjoined with parcels that are developed with
urban uses in order to be subject to the act. The act defines "urban uses"
to include any current or former residential, commercial, public
institutional, transit or transportation passenger facility, or retail use.
This bill would include a public park that is surrounded by other urban
uses as an "urban use."
(5) Existing law requires a local government that determines a
housing development project is in conflict with any of the standards
established in the act to provide the development proponent written
documentation of the standards with which the development conflicts
within 60 days or 90 days of the submittal of the development proposal,
depending on the number of housing units.
This bill would require a local government to determine whether a
development is consistent or inconsistent with the act within 30 days
of submittal of a development proposal that was resubmitted to address
written feedback. The bill, after the local government determines that
a development is consistent with the objective planning standards of
the act, would require a local government to approve a development
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AB 2243 — 4 —
within 90 days or within 180 days, depending on the number of housing
units.
(6) The act authorizes a local government, by ordinance, to exempt
parcels from the act if the local government makes specified written
findings, including that the local government identifies another parcel
that meets the requirements of the act and that the substitution of parcels
will result in no net loss of the total residential capacity in the
jurisdiction.
This bill would additionally require the local government to designate
the exempted parcels and identify the reclassified parcels on its zoning
maps, as specified.
(7) The bill would make various other clarifying and technical
changes.
(8) Because the bill would impose various new requirements on local
governments reviewing and approving affordable housing developments
and mixed -income housing developments under the act, 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 65912.101 of the Government Code is
2 amended to read:
3 65912.101. For purposes of this chapter:
4 (a) "Base units" has the same meaning as "total units" as defined
5 in subparagraph (A) of paragraph (8) of subdivision (o) of Section
6 65915.
7 (b) "Commercial corridor" means a highway that is not a
8 freeway and that has either of the following:
9 (1) For parcels in which any part of the parcel is zoned for a
10 height limit of less than 65 feet, a right-of-way of at least 70 and
11 not greater than 150 feet.
12 (2) For any other parcel not subject to paragraph (1), a
13 right-of-way of at least 50 and not greater than 150 feet.
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— 5 — AB 2243
1 (c) "Development proponent" means a developer who submits
2 a housing development project application to a local government
3 under the streamlined, ministerial review process pursuant to this
4 chapter.
5 (d) "Extremely low income households" has the same meaning
6 as defined in Section 50106 of the Health and Safety Code.
7 (e) "Freeway" has the same meaning as defined in Section 332
8 of the Vehicle Code, except it does not include the portion of a
9 freeway that is an onramp or offramp that serves as a connector
10 between the freeway and other roadways that are not freeways.
11 (f) "Health care expenditures" include contributions under
12 Sections 501(c) or (d) or 401(a) of the Internal Revenue Code and
13 payments toward "medical care" as defined under Section 213(d)(1)
14 of the Internal Revenue Code.
15 (g) "Highway" has the same meaning as defined in Section 360
16 of the Vehicle Code, and includes sidewalks, as defined in Section
17 555 of the Vehicle Code.
18 (h) "Housing development project" has the same meaning as
19 defined in Section 65589.5.
20 (i) "Industrial use" means utilities, manufacturing, transportation
21 storage and maintenance facilities, warehousing uses, and any
22 other use that is a source that is subject to permitting by a district,
23 as defined in Section 39025 of the Health and Safety Code,
24 pursuant to Division 26 (commencing with Section 39000) of the
25 Health and Safety Code or the federal Clean Air Act (42 U.S.C.
26 Sec. 7401 et seq.). "Industrial use" does not include any of the
27 following:
28 (1) Power substations or utility conveyances such as power
29 lines, broadband wires, and pipes.
30 (2) A use where the only source permitted by a district is an
31 emergency backup generator.
32 (3) Self -storage for the residents of a building.
33 0) "Local affordable housing requirement" means either of the
34 following:
35 (1) A local government requirement, as a condition of
36 development of residential units, that a housing development
37 project include a certain percentage of units affordable to, and
38 occupied by, extremely low, very low, lower, or moderate -income
39 households as a condition of development of residential units.
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AB 2243
1 (2) A local government requirement allowing a housing
2 development project to be a use by right if the project includes a
3 certain percentage of units affordable to, and occupied by,
4 extremely low, very low, lower, or moderate -income households
5 as a condition of development of residential units.
6 (k) "Local government" means a city, including a charter city,
7 a county, including a charter county, or a city and county, including
8 a charter city and county.
9 (� "Lower income households" has the same meaning as defined
10 in Section 50079.5 of the Health and Safety Code.
11 (m) "Major transit stop" has the same meaning as defined in
12 subdivision (b) of Section 21155 of the Public Resources Code.
13 (n) "Minimum efficiency reporting value" or "MERV" means
14 the measurement scale developed by the American Society of
15 Heating, Refrigerating and Air -Conditioning Engineers used to
16 report the effectiveness of air filters.
17 (o) "Moderate -income households" means households ofpersons
18 and families of moderate income, as defined in Section 50093 of
19 the Health and Safety Code.
20 (p) "Multifamily" means a property with five or more housing
21 units for sale or for rent.
22 (q) "Neighborhood plan" means a specific plan adopted pursuant
23 to Article 8 (commencing with Section 65450) of Chapter 3, an
24 area plan, precise plan, community plan, urban village plan, or
25 master plan. To qualify as a neighborhood plan, the plan must have
26 been adopted by a local government before January 1, 2024, and
27 within 25 years of the date that a development proponent submits
28 an application pursuant to this chapter.-aA neighborhood plan does
29 not include a community plan or plans where the cumulative area
30 covered by the community plans in the jurisdiction is more than
31 one-half of the area of the jurisdiction.
32 (r) "Principally permitted use" means a use that, as of January
33 1, 2023, or thereafter, may occupy more than one-third of the
34 square footage of designated use on the site and does not require
35 a conditional use permit, except that parking uses are considered
36 principally permitted whether or not they require a conditional use
37 permit.
38 (s) "Regional mall" means a site that meets all of the following
39 criteria on the date that a development proponent submits an
40 application pursuant to this chapter:
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— 7 — AB 2243
1 (1) The permitted uses on the site include at least 250,000 square
2 feet of retail use.
3 (2) At least two-thirds of the permitted uses on the site are retail
4 uses.
5 (3) At least two of the permitted retail uses on the site are at
6 least 10,000 square feet.
7 (t) "Urban uses" means any current or former residential,
8 commercial, public institutional, public park that is surrounded by
9 other urban uses, transit or transportation passenger facility, or
10 retail use, or any combination of those uses.
11 (u) "Use by right" means a development project for which both
12 of the following are true:
13 (1) The development project is not subject to a conditional use
14 permit, planned unit development permit, or any other discretionary
15 local government approval, permit, or review process.
16 (2) No aspect of the development project is a "project" for
17 purposes of Division 13 (commencing with Section 21000) of the
18 Public Resources Code.
19 (v) "Very low income households" has the same meaning as
20 defined in Section 50105 of the Health and Safety Code.
21 SEC. 2. Section 65912.111 of the Government Code is amended
22 to read:
23 65912.111. A development project shall not be subject to the
24 streamlined, ministerial review process provided by Section
25 65912.114 unless the development is proposed to be located on a
26 site that satisfies all of the following criteria:
27 (a) It is located in a zone where office, retail, or parking are a
28 principally permitted use.
29 (b) It is a legal parcel or parcels that meet either of the following:
30 (1) It is within a city where the city boundaries include some
31 portion of either an urbanized area or urban cluster, as designated
32 by the United States Census Bureau.
33 (2) It is in an unincorporated area, and the legal parcel or parcels
34 are wholly within the boundaries of an urbanized area or urban
35 cluster, as designated by the United States Census Bureau.
36 (c) At least 75 percent of the perimeter of the site adjoins parcels
37 that are developed with urban uses. For purposes of this
38 subdivision, parcels that are only separated by a street, highway,
39 pedestrian path, or bicycle path shall be considered to be adjoined.
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AB 2243
1 (d) (1) It is not on a site or adjoined to any site where more
2 than one-third of the square footage on the site is dedicated to
3 industrial use.
4 (2) For purposes of this subdivision, parcels only separated by
5 a street or highway shall be considered to be adjoined.
6 (3) For purposes of this subdivision, "dedicated to industrial
7 use" means any of the following:
8 (A) The square footage is currently being used as an industrial
9 use.
10 (B) The most recently permitted use of the square footage is an
11 industrial use, and the site has -net been occupied within the past
12 three years.
13 (C) The site was designated for industrial use in the latest
14 version of a local government's general plan adopted before
15 January 1, 2022, and meets either of the following conditions:
16 (i) Residential uses are not principally permitted on the site.
17 (ii) The site is not adjoining a parcel with a residential use.
18 (e) It satisfies the requirements specified in paragraph (6) of
19 subdivision (a) of Section 65913.4, exclusive of clause (iv) of
20 subparagraph (A) of paragraph (6) of subdivision (a) of Section
21 65913.4.
22 (f) The development is not located on a site where either of the
23 following apply:
24 (1) The development would require the demolition of a historic
25 structure that was placed on a national, state, or local historic
26 register.
27 (2) The existing parcel of land or site that is governed under the
28 Mobilehome Residency Law (Chapter 2.5 (commencing with
29 Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code),
30 the Recreational Vehicle Park Occupancy Law (Chapter 2.6
31 (commencing with Section 799.20) of Title 2 of Part 2 of Division
32 2 of the Civil Code), the Mobilehome Parks Act (Part 2.1
33 (commencing with Section 18200) of Division 13 of the Health
34 and Safety Code), or the Special Occupancy Parks Act (Part 2.3
35 (commencing with Section 18860) of Division 13 of the Health
36 and Safety Code).
37 (g) For a site within a neighborhood plan area, the neighborhood
38 plan applicable to the site permitted multifamily housing
39 development on the site.
40 (h) For a vacant site, the site satisfies both of the following:
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1 (1) It does not contain tribal cultural resources, as defined by
2 Section 21074 of the Public Resources Code, that could be affected
3 by the development that were found pursuant to a consultation as
4 described by Section 21080.3.1 of the Public Resources Code and
5 the effects of which cannot be mitigated pursuant to the process
6 described in Section 21080.3.2 of the Public Resources Code.
7 (2) It is not within a very high fire hazard severity zone, as
8 indicated on maps adopted by the Department of Forestry and Fire
9 Protection pursuant to Section 4202 of the Public Resources Code
10 or as designated pursuant to subdivisions (a) and (b) of Section
11 51179.
12 SEC. 3. Section 65912.112 of the Government Code is amended
13 to read:
14 65912.112. A development project shall not be subject to the
15 streamlined, ministerial review process provided by Section
16 65912.114 unless the new units created by the development project
17 meet all of the following affordability criteria:
18 (a) One hundred percent of the units within the development
19 project, excluding managers' units, shall be dedicated to lower
20 income households at an affordable cost, as defined by Section
21 50052.5 of the Health and Safety Code, or an affordable rent set
22 in an amount consistent with the rent limits established by the
23 California Tax Credit Allocation Committee.
24 (b) The units shall be subject to a recorded deed restriction for
25 a period of 55 years for rental units and 45 years for
26 owner -occupied units.
27 SEC. 4. Section 65912.113 of the Government Code is amended
28 to read:
29 65912.113. A development project shall not be subject to the
30 streamlined, ministerial review process provided by Section
31 65912.114 unless the development proposal meets all of the
32 following objective development standards:
33 (a) The development shall be a multifamily housing development
34 project.
35 (b) The residential density for the development will meet or
36 exceed the applicable density deemed appropriate to accommodate
37 housing for lower income households in that jurisdiction as
38 specified in paragraph (3) of subdivision (c) of Section 65583.2.
39 (c) For any housing on the site located within 500 feet of a
40 freeway, habitable areas of the building shall provide air filtration
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1 media for outside and return air that provide a minimum efficiency
2 reporting value of 13.
3 (d) For any housing on the site located within 3,200 feet of a
4 facility that actively extracts or refines oil or natural gas, habitable
5 areas of the building shall provide air filtration media for outside
6 and return air that provide a minimum efficiency reporting value
7 of 13.
8 (e) The development will meet the following objective zoning
9 standards, objective subdivision standards, and objective design
10 review standards:
11 (1) The applicable objective standards shall be those for the
12 zone that allows residential use at a greater density between the
13 following:
14 (A) The existing zoning designation for the parcel if existing
15 zoning allows multifamily residential use.
16 (B) The zoning designation for the closest parcel that allows
17 residential use at a density that meets the requirements of
18 subdivision (b).
19 (2) The applicable objective standards shall be those in effect
20 at the time that the development application is submitted to the
21 local government pursuant to this article.
22 (f) For any project that is the conversion of the use of an existing
23 nonresidential use building to residential use, the local government
24 shall not require the provision of common open space beyond what
25 is already existing on the project site.
26 (g) For purposes of this section, "objective zoning standards,"
27 "objective subdivision standards," and "objective design review
28 standards" mean standards that involve no personal or subjective
29 judgment by a public official and are uniformly verifiable by
30 reference to an external and uniform benchmark or criterion
31 available and knowable by both the development applicant or
32 proponent and the public official before submittal. These standards
33 may be embodied in alternative objective land use specifications
34 adopted by a city or county, and may include, but are not limited
35 to, housing overlay zones, specific plans, inclusionary zoning
36 ordinances, and density bonus ordinances, subject to the following:
37 (1) A development shall be deemed consistent with the objective
38 zoning standards related to housing density, as applicable, if the
39 density proposed is compliant with the maximum density allowed
40 within that land use designation, notwithstanding any specified
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I maximum unit allocation that may result in fewer units of housing
2 being permitted.
3 (2) In the event that objective zoning, general plan, subdivision,
4 or design review standards are mutually inconsistent, a
5 development shall be deemed consistent with the objective zoning
6 and subdivision standards pursuant to this section if the
7 development is consistent with the standards set forth in the general
8 plan.
9 SEC. 5. Section 65912.114 of the Government Code is amended
10 to read:
11 65912.114. (a) (1) A local government shall determine
12 whether a development submitted pursuant to this article is
13 consistent or inconsistent with the objective planning standards
14 specified in this article within the following timeframes:
15 (A) Within 60 days of submittal of the development proposal
16 to the local government if the development contains 150 or fewer
17 housing units.
18 (B) Within 90 days of submittal of the development proposal
19 to the local government if the development contains more than
20 150 housing units.
21 (C) Within 30 days of submittal of any development proposal
22 that was resubmitted to address written feedback provided by the
23 local government pursuant to paragraph (2).
24 (2) If a local government determines that a development
25 submitted pursuant to this article is in conflict with any of the
26 objective planning standards specified in this article, it shall provide
27 the development proponent, in writing, with an exhaustive list of
28 the standard or standards the development conflicts with, and an
29 explanation for the reason or reasons the development conflicts
30 with that standard or standards, within the timeframes specified
31 in paragraph (1).
32 (3) Once the local government determines that a development
33 submitted pursuant to this article is consistent with the objective
34 planning standards specified in this article, it shall approve the
35 development within the following timeframes:
36 (A) Within 90 days of submittal of the development proposal
37 to the local government if the development contains 150 or fewer
38 housing units.
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1 (B) Within 180 days of submittal of the development proposal
2 to the local government if the development contains more than
3 150 housing units.
4 (4) If the local government fails to provide the required
5 documentation pursuant to paragraph (2), the development shall
6 be deemed to satisfy the required objective planning standards.
7 (b) (1) For purposes of this section, a development is consistent
8 with the objective planning standards if there is substantial
9 evidence that would allow a reasonable person to conclude that
10 the development is consistent with the objective planning standards.
11 (2) For purposes of this section, a development is not in conflict
12 with the objective planning standards solely on the basis that
13 application materials are not included, if the application contains
14 substantial evidence that would allow a reasonable person to
15 conclude that the development is consistent with the objective
16 planning standards.
17 (c) The determination of whether a proposed project submitted
18 pursuant to this section is or is not in conflict with the objective
19 planning standards is not a "project" as defined in Section 21065
20 of the Public Resources Code.
21 (d) Design review of the development may be conducted by the
22 local government's planning commission or any equivalent board
23 or commission responsible for design review. That design review
24 shall be objective and be strictly focused on assessing compliance
25 with criteria required for streamlined, ministerial review of projects,
26 as well as any reasonable objective design standards published
27 and adopted by ordinance or resolution by a local jurisdiction
28 before submittal of the development to the local government, and
29 shall be broadly applicable to developments within the jurisdiction.
30 That design review shall not in any way inhibit, chill, or preclude
31 the ministerial approval provided by this section.
32 (e) If a development is located within an area of the coastal zone
33 that is not excluded under paragraph (6) of subdivision (a) of
34 Section 65913.4, the development shall require a coastal
35 development permit pursuant to Chapter 7 (commencing with
36 Section 30600) of Division 20 of the Public Resources Code. A
37 public agency with coastal development permitting authority shall
38 approve a coastal development permit if it determines that the
39 development is consistent with all objective standards of the local
40 government's certified local coastal program or, for areas that are
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1 not subject to a fully certified local coastal program, the certified
2 land use plan of that area.
3 (f) (1) A development proposed pursuant to this article shall
4 be eligible for a density bonus, incentives or concessions, waivers
5 or reductions of development standards, and parking ratios pursuant
6 to Section 65915.
7 (2) The utilization by a development proponent of incentives,
8 concessions, and waivers or reductions of development standards
9 allowed pursuant to Section 65915 shall not cause the project to
10 be subject to a local discretionary government review process, or
11 be considered a "project" under Division 13 (commencing with
12 Section 21000) of the Public Resources Code, even if that
13 incentive, concession, or waiver or reduction of development
14 standards is not specified in a local ordinance.
15 (3) For purposes of this section, receipt of any density bonus,
16 concession, incentive, waiver or reduction of development
17 standards, and parking ratios to which the applicant is entitled
18 under Section 65915 shall not constitute a basis to find the project
19 inconsistent with the local coastal program.
20 (g) Any fee, as defined in Section 66000, imposed on a
21 development proposed pursuant to this article shall be entitled to
22 a credit for existing uses that are demolished as part of the
23 development at the rate established by the local government for
24 those existing uses.
25 (h) The local government shall ensure that the project satisfies
26 the requirements specified in Article 2 (commencing with Section
27 66300.5) of Chapter 12, regardless of whether the development is
28 within or not within an affected city or within or not within an
29 affected county.
30 (i) If the development is consistent with all objective subdivision
31 standards in the local subdivision ordinance, an application for a
32 subdivision pursuant to the Subdivision Map Act (Division 2
33 (commencing with Section 66410)) shall be exempt from the
34 requirements of the California Environmental Quality Act (Division
35 13 (commencing with Section 21000) of the Public Resources
36 Code).
37 0) A local government may, by ordinance adopted to implement
38 this article, exempt a parcel from this section before a development
39 proponent submits a development application on a parcel pursuant
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1 to this article if the local government makes written findings
2 establishing all of the following:
3 (1) The local government has identified one or more parcels
4 that meet the criteria described in subdivisions (b) through (f) of
5 Section 65912.111.
6 (2) (A) If a parcel identified in paragraph (1) would not
7 otherwise be eligible for development pursuant to this chapter, the
8 implementing ordinance authorizes the parcel to be developed
9 pursuant to the requirements of this chapter. A parcel reclassified
10 for development pursuant to this subparagraph shall be suitable
11 for residential development. For purposes of this subparagraph, a
12 parcel suitable for residential development shall have the same
13 meaning as "land suitable for residential development," as defined
14 in Section 65583.2.
15 (B) If a parcel identified in paragraph (1) would otherwise be
16 eligible for development pursuant to this chapter, the implementing
17 ordinance authorizes the parcel to be developed ministerially at
18 residential densities above the residential density required in
19 subdivision (b) of Section 65912.113.
20 (3) The substitution of the parcel or parcels identified in this
21 subdivision for parcels reclassified pursuant to paragraph (2) will
22 result in all of the following:
23 (A) No net loss of the total potential residential capacity in the
24 jurisdiction relative to the total capacity that existed in the
25 jurisdiction through the combined effect of this chapter and local
26 law as of the date of the adoption of the ordinance. In making the
27 no net loss calculation specified by this subparagraph, the local
28 government need only factor in the parcels substituted and
29 reclassified pursuant to this subdivision.
30 (B) No net loss of the total potential residential capacity of
31 housing affordable to lower income households in the jurisdiction
32 relative to the total capacity that existed in the jurisdiction through
33 the combined effect of this chapter and local law as of the date of
34 the adoption of the ordinance. In making the no net loss calculation
35 specified by this subparagraph, the local government need only
36 factor in the parcels substituted and reclassified pursuant to this
37 subdivision.
38 (C) Affirmative furthering of fair housing.
39 (4) A parcel or parcels reclassified for development pursuant
40 to subparagraph (A) of paragraph (2) shall be eligible for
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1 development pursuant to this chapter notwithstanding any contrary
2 provision of the local government's charter, general plan, or
3 ordinances, and a parcel or parcels reclassified for development
4 pursuant to subparagraph (B) of paragraph (2) shall be developed
5 ministerially at the densities and heights specified in the ordinance
6 notwithstanding any contrary provision of the local government's
7 charter, general plan, or ordinances.
8 (5) The local government has completed all of the rezonings
9 required pursuant to subdivision (c) of Section 65583 for the sixth
10 revision of its housing element.
11 (6) The local government has designated on its zoning maps
12 which parcels have been exempted from this chapter and which
13 parcels have been reclassified for development pursuant to this
14 chapter. This information shall be made publicly available through
15 the local government's internet website.
16 (k) (1) The local government shall, as a condition of approval
17 of the development, require the development proponent to complete
18 a phase I environmental assessment, as defined in Section 78090
19 of the Health and Safety Code.
20 (2) If a recognized environmental condition is found, the
21 development proponent shall undertake a preliminary
22 endangerment assessment, as defined in Section 78095 of the
23 Health and Safety Code, prepared by an environmental assessor
24 to determine the existence of any release of a hazardous substance
25 on the site and to determine the potential for exposure of future
26 occupants to significant health hazards from any nearby property
27 or activity.
28 (A) If a release of a hazardous substance is found to exist on
29 the site, before the local government issues a certificate of
30 occupancy, the release shall be removed, or any significant effects
31 of the release shall be mitigated to a level of insignificance in
32 compliance with current state and federal requirements.
33 (B) If a potential for exposure to significant hazards from
34 surrounding properties or activities is found to exist, before the
35 local government issues a certificate of occupancy, the effects of
36 the potential exposure shall be mitigated to a level of insignificance
37 in compliance with current state and federal requirements.
38 (0 A local government's approval of a development pursuant
39 to this section shall, notwithstanding any other law, be subject to
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1 the expiration timeframes specified in subdivision (g) of Section
2 65913.4.
3 (m) Any proposed modifications to a development project
4 approved pursuant to this section shall be undertaken pursuant to
5 subdivision (h) of Section 65913.4.
6 (n) A local government shall not adopt or impose any
7 requirement, including, but not limited to, increased fees or
8 inclusionary housing requirements, that applies to a project solely
9 or partially on the basis that the project is eligible to receive
10 streamlined, ministerial review pursuant to this section.
11 (o) A local government shall issue a subsequent permit required
12 for a development approved under this section pursuant to
13 paragraph (2) of subdivision (i) of Section 65913.4.
14 (p) A public improvement that is necessary to implement a
15 development that is approved pursuant to this section shall be
16 undertaken pursuant to paragraph (3) of subdivision (i) of Section
17 65913.4.
18 (q) A local government may adopt an ordinance to implement
19 the provisions of this article. An ordinance adopted to implement
20 this section shall not be considered a "project" under Division 13
21 (commencing with Section 21000) of the Public Resources Code.
22 SEC. 6. Section 65912.121 of the Government Code is amended
23 to read:
24 65912.121. A development project shall not be subject to the
25 streamlined, ministerial review process provided by Section
26 65912.124 unless the development project is on a site that satisfies
27 all of the following criteria:
28 (a) It is located within a zone where office, retail, or parking
29 are principally permitted use.
30 (b) It is located on a legal parcel, or parcels, that meet either of
31 the following:
32 (1) It is within a city where the city boundaries include some
33 portion of either an urbanized area or urban cluster, as designated
34 by the United States Census Bureau.
35 (2) It is in an unincorporated area, and the legal parcel, or
36 parcels, are wholly within the boundaries of an urbanized area or
37 urban cluster, as designated by the United States Census Bureau.
38 (c) The project site complies with either of the following:
39 (1) The project site abuts a commercial corridor and has a
40 frontage along the commercial corridor of a minimum of 50 feet.
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(2) The project site is an existing office building.
(d) The site is not greater than 20 acres, unless the site is a
regional mall, in which case the site is not greater than 100 acres.
(e) At least 75 percent of the perimeter of the site adjoins parcels
that are developed with urban uses. For purposes of this
subdivision, parcels that are only separated by a street, highway,
pedestrian path, or bicycle path shall be considered to be adjoined.
(f) (1) It is not on a site or adjoined to any site where more than
one-third of the square footage on the site is dedicated to industrial
use.
(2) For purposes of this subdivision, parcels only separated by
a street or highway shall be considered to be adjoined.
(3) For purposes of this subdivision, "dedicated to industrial
use" means any of the following:
(A) The square footage is currently being used as an industrial
use.
(B) The most recently permitted use of the square footage is an
industrial use, and the site has -not been occupied within the past
three years.
(C) The site was designated for industrial use in the latest
version of a local government's general plan adopted before
January 1, 2022, and meets either of the following conditions:
(i) Residential uses are not principally permitted on the site.
(ii) The site is not adjoining a parcel with a residential use.
(g) It satisfies the requirements specified in paragraph (6) of
subdivision (a) of Section 65913.4, exclusive of clause (iv) of
subparagraph (A) of paragraph (6) of subdivision (a) of Section
65913.4.
(h) The development is not located on a site where any of the
following apply:
(1) The development would require the demolition of the
following types of housing:
(A) Housing that is subject to a recorded covenant, ordinance,
or law that restricts rents to levels affordable to persons and
families of moderate, low, or very low income.
(B) Housing that is subject to any form of rent or price control
through a public entity's valid exercise of its police power.
(C) Housing that has been occupied by tenants within the past
10 years, excluding any manager's units.
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1 (2) The site was previously used for permanent housing that
2 was occupied by tenants, excluding any manager's units, that was
3 demolished within 10 years before the development proponent
4 submits an application under this article.
5 (3) The development would require the demolition of a historic
6 structure that was placed on a national, state, or local historic
7 register.
8 (4) The property contains one to four dwelling units.
9 (5) The property is vacant and zoned for housing but not for
10 multifamily residential use.
11 (6) The existing parcel of land or site is governed under the
12 Mobilehome Residency Law (Chapter 2.5 (commencing with
13 Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code),
14 the Recreational Vehicle Park Occupancy Law (Chapter 2.6
15 (commencing with Section 799.20) of Title 2 of Part 2 of Division
16 2 of the Civil Code), the Mobilehome Parks Act (Part 2.1
17 (commencing with Section 18200) of Division 13 of the Health
18 and Safety Code), or the Special Occupancy Parks Act (Part 2.3
19 (commencing with Section 18860) of Division 13 of the Health
20 and Safety Code).
21 (i) For a site within a neighborhood plan area, the neighborhood
22 plan applicable to the site permitted multifamily housing
23 development on the site.
24 0) For a vacant site, the site satisfies both of the following:
25 (1) It does not contain tribal cultural resources, as defined by
26 Section 21074 of the Public Resources Code, that could be affected
27 by the development that were found pursuant to a consultation as
28 described by Section 21080.3.1 of the Public Resources Code and
29 the effects of which cannot be mitigated pursuant to the process
30 described in Section 21080.3.2 of the Public Resources Code.
31 (2) It is not within a very high fire hazard severity zone, as
32 indicated on maps adopted by the Department of Forestry and Fire
33 Protection pursuant to Section 4202 of the Public Resources Code
34 or as designated pursuant to subdivisions (a) and (b) of Section
35 51179.
36 SEC. 7. Section 65912.122 of the Government Code is amended
37 to read:
38 65912.122. A development project shall not be subject to the
39 streamlined, ministerial review process provided by Section
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1 65912.124 unless the new housing units created by the development
2 project meet all of the following affordability criteria:
3 (a) (1) A rental housing development shall include either of the
4 following:
5 (A) Eight percent of the base units for very low income
6 households and 5 percent of the units for extremely low income
7 households.
8 (B) Fifteen percent of the base units for lower income
9 households.
10 (2) The development proponent shall agree to, and the local
11 government shall ensure, the continued affordability of all
12 affordable rental units included pursuant to this subdivision for 55
13 years. Rents shall be set at an affordable rent, as defined in Section
14 50053 of the Health and Safety Code.
15 (b) (1) An owner -occupied housing development shall include
16 either of the following:
17 (A) Thirty percent of the base units must be offered at an
18 affordable housing cost, as defined in Section 50052.5 of the Health
19 and Safety Code, to moderate -income households.
20 (B) Fifteen percent of the base units must be offered at an
21 affordable housing cost, as defined in Section 50052.5 of the Health
22 and Safety Code, to lower income households.
23 (2) The development proponent shall agree to, and the local
24 government shall ensure, the continued affordability of all
25 affordable ownership units for a period of 45 years.
26 (c) If the local government has a local affordable housing
27 requirement, the housing development project shall comply with
28 all of the following:
29 (1) The development project shall include the percentage of
30 affordable units required by this section or the local requirement,
31 whichever is higher.
32 (2) The development project shall meet the affordability level
33 of a local affordable housing requirement if it is a deeper affordable
34 level than required by this section.
35 (3) Notwithstanding paragraph (1), if the local affordable
36 housing requirement requires greater than 15 percent of the units
37 to be dedicated for lower income households and does not require
38 the inclusion of units affordable to very low and extremely low
39 income households, then the housing development shall do both
40 of the following:
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(A) Include 8 percent of the units for very low income
households and 5 percent of the units for extremely low income
households.
(B) Include an amount of units affordable to lower income
households that is 15 percentage points fewer than the percentage
of units required by the local policy.
(d) Affordable units in the development project shall have the
same bedroom and bathroom count ratio as the market rate units,
be equitably distributed within the project, and have the same type
or quality of appliances, fixtures, and finishes.
SEC. 8. Section 65912.123 of the Government Code is amended
to read:
65912.123. A development project shall not be subject to the
streamlined, ministerial review process provided by Section
65912.124 unless the development project meets all of the
following objective development standards:
(a) The development shall be a multifamily housing development
project.
(b) The residential density for the development, prior to the
award of any eligible density bonus pursuant to Section 65915,
shall be determined as follows:
(1) In a metropolitan jurisdiction, as determined pursuant to
subdivisions (d) and (e) of Section 65583.2, the allowable
residential density for the development shall be the greater of the
following:
(A) The maximum allowable residential density, as defined in
paragraph (6) of subdivision (o) of Section 65915, allowed on the
parcel by the local government.
(B) For sites of less than one acre in size, 30 units per acre.
(C) For sites of one acre in size or greater located on a
commercial corridor of less than 100 feet in width, 40 units per
acre.
(D) For sites of one acre in size or greater located on a
commercial corridor of 100 feet in width or greater, 60 units per
acre.
(E) Notwithstanding subparagraph (B), (C), or (D), for sites
within one-half mile of a major transit stop, 80 units per acre.
(2) In a jurisdiction that is not a metropolitan jurisdiction, as
determined pursuant to subdivisions (d) and (e) of Section 65583.2,
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1 the allowable residential density for the development shall be the
2 greater of the following:
3 (A) The maximum allowable residential density, as defined in
4 paragraph (6) of subdivision (o) of Section 65915, allowed on the
5 parcel by the local government.
6 (B) For sites of less than one acre in size, 20 units per acre.
7 (C) For sites of one acre in size or greater located on a
8 commercial corridor of less than 100 feet in width, 30 units per
9 acre.
10 (D) For sites of one acre in size or greater located on a
11 commercial corridor of 100 feet in width or greater, 50 units per
12 acre.
13 (E) Notwithstanding subparagraph (B), (C), or (D), for sites
14 within one-half mile of a major transit stop, 70 units per acre.
15 (3) The development project shall be developed at a density that
16 is 75 percent or greater of the applicable allowable residential
17 density contained in subparagraphs (B) to (E), inclusive, of
18 paragraph (1) or subparagraphs (B) to (E), inclusive, of paragraph
19 (2), as applicable.
20 (4) Notwithstanding paragraphs (1) and (2), a development
21 project shall not be subject to any density limitation if the
22 development project is a conversion of existing buildings into
23 residential use, unless the development project includes additional
24 new square footage that is more than 20 percent of the overall
25 square footage of the project.
26 (c) The height limit applicable to the housing development shall
27 be the greater of the following:
28 (1) The height allowed on the parcel by the local government.
29 (2) For sites on a commercial corridor of less than 100 feet in
30 width, 35 feet.
31 (3) For sites on a commercial corridor of 100 feet in width or
32 greater, 45 feet.
33 (4) Notwithstanding paragraphs (2) and (3), 65 feet for sites
34 that meet all of the following criteria:
35 (A) They are within one-half mile of a major transit stop.
36 (B) They are within a city with a population of greater than
37 100,000.
38 (C) They are not within a coastal zone, as defined in Division
39 20 (commencing with Section 30000) of the Public Resources
40 Code.
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1 (d) The property meets the following setback standards:
2 (1) For the portion of the property that fronts a commercial
3 corridor, the following shall occur:
4 (A) No setbacks shall be required.
5 (B) All parking must be set back at least 25 feet.
6 (C) On the ground floor, a building or buildings must abut within
7 10 feet of the highway for at least 80 percent of the frontage.
8 (2) For the portion of the property that abuts an adjoining
9 property that also abuts the same commercial corridor as the
10 property, no setbacks are required unless the adjoining property
11 contains a residential use that was constructed prior to the
12 enactment of this chapter, in which case the requirements of
13 subparagraph (A) of paragraph (4) apply.
14 (3) For the portion of the property line that does not abut or lie
15 within a commercial corridor, or an adjoining property that also
16 abuts the same commercial corridor as the property, the following
17 shall occur:
18 (A) Along property lines that abut a property that contains a
19 residential use, the following shall occur:
20 (i) The ground floor of the development project shall beset back
21 at 10 feet. The amount required to be set back may be decreased
22 by the local government.
23 (ii) Starting with the second floor of the property, each
24 subsequent floor of the development project shall be stepped back
25 in an amount equal to seven feet multiplied by the floor number.
26 For purposes of this paragraph, the ground floor counts as the first
27 floor. The amount required to be stepped back may be decreased
28 by the local government.
29 (B) Along property lines that abut a property that does not
30 contain a residential use, the development shall be set back 15 feet.
31 The amount required to be stepped back may be decreased by the
32 local government.
33 (e) No parking shall be required, except that this article shall
34 not reduce, eliminate, or preclude the enforcement of any
35 requirement imposed on a new multifamily residential or
36 nonresidential development to provide bicycle parking, electric
37 vehicle supply equipment installed parking spaces, or parking
38 spaces that are accessible to persons with disabilities that would
39 have otherwise applied to the development if this article did not
40 apply.
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1 (f) For any housing on the site located within 500 feet of a
2 freeway, regularly occupied areas of the building shall provide air
3 filtration media for outside and return air that provide a minimum
4 efficiency reporting value of 13.
5 (g) For any housing on the site located within 3,200 feet of a
6 facility that actively extracts or refines oil or natural gas, regularly
7 occupied areas of the building shall provide air filtration media
8 for outside and return air that provide a minimum efficiency
9 reporting value of 13.
10 (h) (1) The development proponent shall provide written notice
11 of the pending application to each commercial tenant on the parcel
12 when the application is submitted.
13 (2) The development proponent shall provide relocation
14 assistance to each eligible commercial tenant located on the site
15 as follows:
16 (A) For a commercial tenant operating on the site for at least
17 one year but less than five years, the relocation assistance shall be
18 equivalent to six months' rent.
19 (B) For a commercial tenant operating on the site for at least 5
20 years but less than 10 years, the relocation assistance shall be
21 equivalent to nine months' rent.
22 (C) For a commercial tenant operating on the site for at least
23 10 years but less than 15 years, the relocation assistance shall be
24 equivalent to 12 months' rent.
25 (D) For a commercial tenant operating on the site for at least
26 15 years but less than 20 years, the relocation assistance shall be
27 equivalent to 15 months' rent.
28 (E) For a commercial tenant operating on the site for at least 20
29 years, the relocation assistance shall be equivalent to 18 months'
30 rent.
31 (3) The relocation assistance shall be provided to an eligible
32 commercial tenant upon expiration of the lease of that commercial
33 tenant.
34 (4) For purposes of this subdivision, a commercial tenant is
35 eligible for relocation assistance if the commercial tenant meets
36 all of the following criteria:
37 (A) The commercial tenant is an independently owned and
38 operated business with its principal office located in the county in
39 which the property on the site that is leased by the commercial
40 tenant is located.
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AB 2243 — 24 —
1 (B) The commercial tenant's lease expired and was not renewed
2 by the property owner.
3 (C) The commercial tenant's lease expired within the three years
4 following the development proponent's submission of the
5 application for a housing development pursuant to this article.
6 (D) The commercial tenant employs 20 or fewer employees and
7 has annual average gross receipts under one million dollars
8 ($1,000,000) for the three -taxable -year period ending with the
9 taxable year that precedes the expiration of their lease.
10 (E) The commercial tenant is still in operation on the site at the
11 time of the expiration of its lease.
12 (5) Notwithstanding paragraph (4), for purposes of this
13 subdivision, a commercial tenant is ineligible for relocation
14 assistance if the commercial tenant meets both of the following
15 criteria:
16 (A) The commercial tenant entered into a lease on the site after
17 the development proponent's submission of the application for a
18 housing development pursuant to this article.
19 (B) The commercial tenant had not previously entered into a
20 lease on the site.
21 (6) (A) The commercial tenant shall utilize the funds provided
22 by the development proponent to relocate the business or for costs
23 of a new business.
24 (B) Notwithstanding paragraph (2), if the commercial tenant
25 elects not to use the funds provided as required by subparagraph
26 (A), the development proponent shall provide only assistance equal
27 to three months' rent, regardless of the duration of the commercial
28 tenant's lease.
29 (7) For purposes of this subdivision, monthly rent is equal to
30 one -twelfth of the total amount of rent paid by the commercial
31 tenant in the last 12 months.
32 (i) For any project that is the conversion of an existing building
33 for nonresidential use building to residential use, the local
34 government shall not require the provision of common open space
35 beyond what is required for the existing project site.
36 0) Objective zoning standards, objective subdivision standards,
37 and objective design review standards not specified elsewhere in
38 this section, as follows:
39 (1) The applicable objective standards shall be those for the
40 closest zone in the city, county, or city and county that allows
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1 multifamily residential use at the residential density determined
2 pursuant to subdivision (b). If no zone exists that allows the
3 residential density determined pursuant to subdivision (b), the
4 applicable objective standards shall be those for the zone that
5 allows the greatest density within the city, county, or city and
6 county.
7 (2) The applicable objective standards shall be those in effect
8 at the time that the development application is submitted to the
9 local government pursuant to this article.
10 (3) The objective standards shall not preclude a development
11 from being at the residential density required pursuant to
12 paragraphs (1) and (2) of subdivision (b) and shall not require the
13 development to reduce unit size to meet the objective standards.
14 (4) The applicable objective standards may include a
15 requirement that up to one-half of the ground floor of the housing
16 development project be dedicated to retail use.
17 (5) For purposes of this section, "objective zoning standards,"
18 "objective subdivision standards," and "objective design review
19 standards" mean standards that involve no personal or subjective
20 judgment by a public official and are uniformly verifiable by
21 reference to an external and uniform benchmark or criterion
22 available and knowable by both the development applicant or
23 proponent and the public official before submittal. These standards
24 may be embodied in alternative objective land use specifications
25 adopted by a city or county, and may include, but are not limited
26 to, housing overlay zones, specific plans, inclusionary zoning
27 ordinances, and density bonus ordinances. In the event that
28 objective zoning, general plan, subdivision, or design review
29 standards are mutually inconsistent, a development shall be deemed
30 consistent with the objective zoning and subdivision standards
31 pursuant to this subdivision if the development is consistent with
32 the standards set forth in the general plan.
33 SEC. 9. Section 65912.124 of the Government Code is amended
34 to read:
35 65912.124. (a) (1) A local government shall determine
36 whether a development submitted pursuant to this article is
37 consistent or is not consistent with the objective planning standards
38 specified in this article within the following timeframes:
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1 (A) Within 60 days of submittal of the development proposal
2 to the local government if the development contains 150 or fewer
3 housing units.
4 (B) Within 90 days of submittal of the development proposal
5 to the local government if the development contains more than
6 150 housing units.
7 (C) Within 30 days of submittal of any development proposal
8 that was resubmitted to address written feedback provided by the
9 local government pursuant to this subdivision.
10 (2) If a local government determines that a development
11 submitted pursuant to this article is in conflict with any of the
12 objective planning standards specified in this article, it shall provide
13 the development proponent, in writing, with an exhaustive list of
14 the standard or standards the development conflicts with, and an
15 explanation for the reason or reasons the development conflicts
16 with that standard or standards, within the timeframes specified
17 in paragraph (1).
18 (3) Once the local government determines that a development
19 submitted pursuant to this article is consistent with the objective
20 planning standards specified in this article, it shall approve the
21 development within the following timeframes:
22 (A) Within 90 days of submittal of the development proposal
23 to the local government if the development contains 150 or fewer
24 housing units.
25 (B) Within 180 days of submittal of the development proposal
26 to the local government if the development contains more than
27 150 housing units.
28 (4) If the local government fails to provide the required
29 documentation pursuant to paragraph (2), the development shall
30 be deemed to satisfy the required objective planning standards.
31 (b) (1) For purposes of this section, a development is consistent
32 with the objective planning standards if there is substantial
33 evidence that would allow a reasonable person to conclude that
34 the development is consistent with the objective planning standards.
35 (2) For purposes of this section, a development is not in conflict
36 with the objective planning standards solely on the basis that
37 application materials are not included, if the application contains
38 substantial evidence that would allow a reasonable person to
39 conclude that the development is consistent with the objective
40 planning standards.
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1 (c) The determination of whether a proposed project submitted
2 pursuant to this section is or is not in conflict with the objective
3 planning standards is not a "project" as defined in Section 21065
4 of the Public Resources Code.
5 (d) Design review of the development may be conducted by the
6 local government's planning commission or any equivalent board
7 or commission responsible for design review. That design review
8 shall be objective and be strictly focused on assessing compliance
9 with criteria required for streamlined, ministerial review of projects,
10 as well as any reasonable objective design standards published
11 and adopted by ordinance or resolution by a local jurisdiction
12 before submittal of the development to the local government, and
13 shall be broadly applicable to developments within the jurisdiction.
14 That design review shall not in any way inhibit, chill, or preclude
15 the ministerial approval provided by this section.
16 (e) If a development is located within an area of the coastal zone
17 that is not excluded under paragraph (6) of subdivision (a) of
18 Section 65913.4, the development shall require a coastal
19 development permit pursuant to Chapter 7 (commencing with
20 Section 30600) of Division 20 of the Public Resources Code. A
21 public agency with coastal development permitting authority shall
22 approve a coastal development permit if it determines that the
23 development is consistent with all objective standards of the local
24 government's certified local coastal program or, for areas that are
25 not subject to a fully certified local coastal program, the certified
26 land use plan of that area.
27 (f) (1) A housing development proposed pursuant to this article
28 shall be eligible for a density bonus, incentives or concessions,
29 waivers or reductions of development standards, and parking ratios
30 pursuant to Section 65915, except that the project shall not use a
31 concession to reduce a local government requirement for the
32 provision of ground floor retail that is consistent with the allowance
33 contained in paragraph (3) of subdivision 0) of Section 65912.123.
34 (2) A development proponent may use incentives, concessions,
35 and waivers or reductions of development standards allotted
36 pursuant to subdivisions (d) and (e) of Section 65915 to deviate
37 from the objective standards contained in subdivision (c) and
38 paragraphs (2) and (3) of subdivision (d) of Section 65912.123.
39 (3) The utilization by a development proponent of incentives,
40 concessions, and waivers or reductions of development standards
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AB 2243 — 28 —
1 allowed pursuant to Section 65915 shall not cause the project to
2 be subject to a local discretionary government review process, or
3 be considered a "project" under Division 13 (commencing with
4 Section 21000) of the Public Resources Code, even if that
5 incentive, concession, or waiver or reduction of development
6 standards is not specified in a local ordinance.
7 (4) For purposes of this section, receipt of any density bonus,
8 concession, incentive, waiver or reduction of development
9 standards, and parking ratios to which the applicant is entitled
10 under Section 65915 shall not constitute a basis to find the project
11 inconsistent with the local coastal program.
12 (g) Any fee, as defined in Section 66000, imposed on a
13 development proposed pursuant to this article shall be entitled to
14 a credit for existing uses that are demolished as part of the
15 development at the rate established by the local government for
16 those existing uses.
17 (h) The local government shall ensure that the project satisfies
18 the requirements specified in Article 2 (commencing with Section
19 66300.5) of Chapter 12, regardless of whether the development is
20 within or not within an affected city or within or not within an
21 affected county.
22 (i) If the development is consistent with all objective subdivision
23 standards in the local subdivision ordinance, an application for a
24 subdivision pursuant to the Subdivision Map Act (Division 2
25 (commencing with Section 66410)) shall be exempt from the
26 requirements of the California Environmental Quality Act (Division
27 13 (commencing with Section 21000) of the Public Resources
28 Code).
29 0) A local government may, by ordinance adopted to implement
30 this article, exempt a parcel from this section before a development
31 proponent submits a development application on a parcel pursuant
32 to this article if the local government makes written findings
33 establishing all of the following:
34 (1) The local government has identified a parcel or parcels that
35 meet the criteria described in subdivisions (b) and (e) to (h),
36 inclusive, of Section 65912.121.
37 (2) (A) If a parcel identified in paragraph (1) would not
38 otherwise be eligible for development pursuant to this chapter, the
39 implementing ordinance authorizes the parcel to be developed
40 pursuant to the requirements of this chapter. A parcel reclassified
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1 for development pursuant to this subparagraph shall be suitable
2 for residential development. For purposes of this subparagraph, a
3 parcel suitable for residential development shall have the same
4 meaning as "land suitable for residential development," as defined
5 in Section 65583.2.
6 (B) If a parcel identified in paragraph (1) would otherwise be
7 eligible for development pursuant to this chapter, the implementing
8 ordinance authorizes the parcel to be developed ministerially at
9 residential densities above the residential density required in
10 subdivision (b) of Section 65912.123 and heights required in
11 subdivision (c) of Section 65912.123.
12 (3) The substitution of the parcel or parcels identified in this
13 subdivision for parcels reclassified pursuant to paragraph (2) will
14 result in all of the following:
15 (A) No net loss of the total potential residential capacity in the
16 jurisdiction relative to the total capacity that existed in the
17 jurisdiction through the combined effect of local and state law as
18 of the date of the adoption of the ordinance. In making the no net
19 loss calculation specified by this subparagraph, the local
20 government need only factor in the parcels substituted and
21 reclassified pursuant to this subdivision.
22 (B) No net loss of the total potential residential capacity of
23 housing affordable to lower income households in the jurisdiction
24 relative to the total capacity that existed in the jurisdiction through
25 the combined effect of this chapter and local law as of the date of
26 the adoption of the ordinance. In making the no net loss calculation
27 specified by this subparagraph, the local government need only
28 factor in the parcels substituted and reclassified pursuant to this
29 subdivision.
30 (C) Affirmative furthering of fair housing.
31 (4) A parcel or parcels reclassified for development pursuant
32 to subparagraph (A) of paragraph (2) shall be eligible for
33 development pursuant to this chapter notwithstanding any contrary
34 provision of the local government's charter, general plan, or
35 ordinances, and a parcel or parcels reclassified for development
36 pursuant to subparagraph (B) of paragraph (2) shall be developed
37 ministerially at the densities and heights specified in the ordinance
38 notwithstanding any contrary provision of the local government's
39 charter, general plan, or ordinances.
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AB 2243 — 30 —
1 (5) The local government has completed all of the rezonings
2 required pursuant to subdivision (c) of Section 65583 for the sixth
3 revision of its housing element.
4 (6) The local government has designated on its zoning maps
5 which parcels have been exempted from this chapter and which
6 parcels have been reclassified for development pursuant to this
7 chapter. This information must be made publicly available through
8 the local government's internet website.
9 (k) (1) The local government shall, as a condition of approval
10 of the development, require the development proponent to complete
11 a phase I environmental assessment, as defined in Section 78090
12 of the Health and Safety Code.
13 (2) If a recognized environmental condition is found, the
14 development proponent shall undertake a preliminary
15 endangerment assessment, as defined in Section 78095 of the
16 Health and Safety Code, prepared by an environmental assessor
17 to determine the existence of any release of a hazardous substance
18 on the site and to determine the potential for exposure of future
19 occupants to significant health hazards from any nearby property
20 or activity.
21 (A) If a release of a hazardous substance is found to exist on
22 the site, before the local government issues a certificate of
23 occupancy, the release shall be removed, or any significant effects
24 of the release shall be mitigated to a level of insignificance in
25 compliance with current state and federal requirements.
26 (B) If a potential for exposure to significant hazards from
27 surrounding properties or activities is found to exist, before the
28 local government issues a certificate of occupancy, the effects of
29 the potential exposure shall be mitigated to a level of insignificance
30 in compliance with current state and federal requirements.
31 (0 A local government's approval of a development pursuant
32 to this section shall, notwithstanding any other law, be subject to
33 the expiration timeframes specified in subdivision (g) of Section
34 65913.4.
35 (m) Any proposed modifications to a development project
36 approved pursuant to this section shall be undertaken pursuant to
37 subdivision (h) of Section 65913.4.
38 (n) A local government shall not adopt or impose any
39 requirement, including, but not limited to, increased fees or
40 inclusionary housing requirements, that applies to a project solely
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1 or partially on the basis that the project is eligible to receive
2 streamlined, ministerial review pursuant to this section.
3 (o) A local government shall issue a subsequent permit required
4 for a development approved under this section pursuant to
5 paragraph (2) of subdivision (h) of Section 65913.4.
6 (p) A public improvement that is necessary to implement a
7 development that is approved pursuant to this section shall be
8 undertaken pursuant to paragraph (3) of subdivision (i) of Section
9 65913.4.
10 (q) A local government may adopt an ordinance to implement
11 the provisions of this article. An ordinance adopted to implement
12 this section shall not be considered a "project" under Division 13
13 (commencing with Section 21000) of the Public Resources Code.
14 SEC. 10. No reimbursement is required by this act pursuant to
15 Section 6 of Article XIIIB of the California Constitution because
16 a local agency or school district has the authority to levy service
17 charges, fees, or assessments sufficient to pay for the program or
18 level of service mandated by this act, within the meaning of Section
19 17556 of the Government Code.
X
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d:!A
AI` A CL. RIT ., CALIFORNIA
Legislative Committee May 15, 2024
Senate Bill 937 — Development Projects: Permits and Other Entitlements:
Fees and Charges
Recommendation
Legislative Committee recommend to oppose Senate Bill 937.
Summary
Introduced by Senator Scott Wiener (D-11-San Francisco), Senate Bill 937 restricts local
governments from collecting development fees until the certificate of occupancy is issued and
requires local governments to approve an extension of development entitlements up to 24 months
on affordable housing projects.
Background
Local governments can charge a variety of fees to a development. These fees, commonly known
as development fees or impact fees, go toward infrastructure development to withstand the
growth caused by a new development. The City uses development fees to support the
construction and capacity of parks, public safety services, fire services, library services, transit
services, roads, medians, sidewalks, and bike lanes.
The City collects development fees either at the approval of the builder's permit or subdivision
map, depending on the project. This is done to allow adequate time in making the infrastructure
capacity improvements needed to support the growth in population that comes with the new
residential development. Deferring this to the issuance of the certificate of occupancy would
delay the needed infrastructure improvements, which could compromise the health and safety of
the new community and surrounding areas and detrimentally impact quality of life for those in
and around the new development. Additionally, the delay in collecting development fees could
increase the risk that a developer may not have the ability to pay the fees, which would leave
cities with a new population without any funds to make the necessary service and capacity
improvements.
The recommendation to oppose Senate Bill 937 is consistent with the City of Santa Clarita 2024
Executive and Legislative Platform. Specifically, Component 1 under "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.
Supporters
California Housing Consortium (Co -Sponsor)
California YIMBY (Co -Sponsor)
Packet Pg. 101
Housing Action Coalition (Co -Sponsor)
California Apartment Association
California Building Industry Association
California Community Builders
Opponents
City of La Verne
California Coalition for Adequate School Housing
California Special Districts Association
Desert Water Agency
East Bay Housing Organizations
El Dorado Irrigation District
Bill Status
Senate Bill 937 passed the Senate Housing Committee (9-0-1) on April 16, 2024, and is pending
a Senate Floor vote.
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AMENDED IN SENATE APRIL 8, 2024
AMENDED IN SENATE APRIL 1, 2024
SENATE BILL
No. 937
Introduced by Senator Wiener
(Coauthor: Assembly Member Grayson)
January 17, 2024
An act to amend Section 66007 of, and to add Section 65914.6 to,
the Government Code, relating to land use.
LEGISLATIVE COUNSEL'S DIGEST
SB 937, as amended, Wiener. Development projects: permits and
other entitlements: fees and charges.
The Planning and Zoning Law requires each county and each city to
adopt a comprehensive, long-term general plan for its physical
development, and the development of specified land outside its
boundaries, that includes, among other mandatory elements, a housing
element. Existing law, the Permit Streamlining Act, among other things,
requires a public agency that is the lead agency for a development
project to approve or disapprove that project within specified time
periods. Existing law extended by 18 months the period for the
expiration, effectuation, or utilization of a housing entitlement, as
defined, that was issued before, and was in effect on, March 4, 2020,
and that would expire before December 31, 2021, except as specified.
Existing law provides that if the state or a local agency extended the
otherwise applicable time for the expiration, effectuation, or utilization
of a housing entitlement for not less than 18 months, as specified, that
housing entitlement would not be extended an additional 18 months
pursuant to these provisions.
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SB 937 — 2 —
This bill would extend by 24 months the period for the expiration,
effectuation, or utilization of a housing entitlement,entitlement for a
priority residential development project, as those terms are defined,
that was issued before January 1, 2024, and that will expire before
December 31, 2025, except as specified. The bill would toll this
24-month extension during any time that the housing entitlement is the
subject of a legal challenge. By adding to the duties of local officials
with respect to housing entitlements, this bill would impose a
state -mandated local program. The bill would include findings that
changes proposed by this bill address a matter of statewide concern
rather than a municipal affair and, therefore, apply to all cities, including
charter cities.
The Mitigation Fee Act regulates fees for development projects, fees
for specific purposes, including water and sewer connection fees, and
fees for solar energy systems, among others. The act, among other
things, requires local agencies to comply with various conditions when
imposing fees, extractions, or charges as a condition of approval of a
proposed development or development project.
The act prohibits a local agency that imposes fees or charges on a
residential development for the construction of public improvements
or facilities from requiring the payment of those fees or charges until
the date of the final inspection or the date the certificate of occupancy
is issued, whichever occursfi--�e first, except for utility service
fees, which the local agency is authorized to collect at the time an
application for utility service is received.
This bill would limit the utility service fees exception described above
to utility service fees related to connections, and cap those fees at the
costs incurred by the utility provider resulting from the connection
activities.
The act authorizes a local agency to require the payment sooner than
the date of the final inspection or the date the certificate of occupancy
is issued, whichever occurs first, if specified conditions are met,
including if the fees or charges are to reimburse the local agency for
expenditures previously made.
development proposed by a tionprofit hottsing developer, as ,
ORION
NagiiMiawmam
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— 3 — SB 937
the property owner to exeettte a eontraet to pay the fee or eftarge, as
This bill
payment of those fees or eftarges until the date the eertifieate o
iti+eteal v, other fees on atty atnotttit defetTed. The bill wottid remove
the fees or eftarges are to reintbttrse the loeal ageney for expenditures
previottsly made. The bill wottid revise the exemption firom earlie
or eotttify to require the posting of a performattee bond or a letter OF
eredit For those exempt tmits. The bill wottid repeal the atAftorization
of the loeal ageney to require the property owner to exeettte a eontrae
to pay the fee or eharge, and wottid instead atAftorize the loeal agene
to withhold the eeftifieate of oeettpaney until the fees and ehar-ges at!e
would, for priority residential development projects, as defined,
prohibit a local agency form requiring payment of fees or charges on
the residential developmentfor the construction ofpublic improvements
or facilities until the date the certificate of occupancy is issued, as
specified The bill would authorize the local agency to require the
payment of those fees or charges at an earlier time if certain conditions
are met, except as specified
If any fee or charge described above is not fully paid prior to issuance
of a building permit, the act authorizes the local agency issuing the
building permit to require the property owner to execute a contract to
pay the fee or charge as a condition of issuance of the building permit,
as specified
This bill would authorize the governing body of a local agency to
authorize an officer or employee of the local agency to approve and
execute contracts described above, and would require the local agency
to post a model form of contract on its internet website prior to requiring
execution of a contract under the provisions described above.
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.
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SB 937 — 4 —
This bill would provide that no reimbursement is required by this act
for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. Section 65914.6 is added to the Government
2 Code, to read:
3 65914.6. (a) Except as provided in subdivision (b),
4 notwithstanding any law, including any inconsistent provision of
5 a local agency's general plan, ordinances, or regulations, the
6 otherwise applicable time for the expiration, effectuation, or
7 utilization of a housing entitlement for a priority residential
8 development project that is within the scope of the timeframes
9 specified in paragraphs (1) and (2) is extended by 24 months. For
10 the purposes of this section, housing entitlements that are extended
11 are entitlements where both of the following apply:
12 (1) It was issued prior to and was in effect on January 1, 2024.
13 (2) It will expire prior to December 31, 2025.
14 The otherwise applicable time for the utilization of a housing
15 entitlement provided by this section includes any requirement to
16 request the issuance of a building permit within a specified period
17 of time.
18 (b) If the state or a local agency extends, on or after January 1,
19 2024, but before the effective date of the act adding this section,
20 the otherwise applicable time for the expiration, effectuation, or
21 utilization of a housing entitlement for not less than 24 months
22 and pursuant to the same conditions provided in subdivision (a),
23 that housing entitlement shall not be extended for an additional 24
24 months by operation of subdivision (a).
25 (c) For purposes of this section, the following definitions apply:
26 (1) "Housing entitlement" means any of the following:
27 (A) A legislative, adjudicative, administrative, or any other kind
28 of approval, permit, or other entitlement necessary for, or pertaining
29 to, a housing development project issued by a state agency.
30 (B) An approval, permit, or other entitlement issued by a local
31 agency for a housing development project that is subject to Chapter
32 4.5 (commencing with Section 65920).
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— 5 — SB 937
1 (C) A ministerial approval, permit, or entitlement by a local
2 agency required as a prerequisite to issuance of a building permit
3 for a housing development project.
4 (D) A requirement to submit an application for a building permit
5 within a specified period of time after the effective date of a
6 housing entitlement described in subparagraph (B) or (C).
7 (E) A vested right associated with an approval, permit, or other
8 entitlement described in subparagraphs (A) to (D), inclusive.
9 (2) For the purposes of this section, a housing entitlement does
10 not include any of the following:
11 (A) A development agreement issued pursuant to Article 2.5
12 (commencing with Section 65864).
13 (B) An approved or conditionally approved tentative map that
14 is extended for a minimum of 24 months pursuant to Section
15 66452.6 on or after January 1, 2024.
16 (C) A preliminary application as defined in Section 65941.1.
17 (3) "Housing development project" means a residential
18 development or mixed -use development in which at least two-thirds
19 of the square footage of the development is designated for
20 residential use. Both of the following apply for the purposes of
21 calculating the square footage usage of a development for purposes
22 of this section:
23 (A) The square footage of a development shall include any
24 additional density, floor area, and units, and any other concession,
25 incentive, or waiver of development standards pursuant to Section
26 65915.
27 (B) The square footage of a development shall not include any
28 underground space, including, but not limited to, a basement or
29 underground parking garage.
30 (4) "Local agency" means a county, city, whether general law
31 or chartered, city and county, school district, special district,
32 authority, agency, any other municipal public corporation or
33 district, or other political subdivision of the state.
34 (5) "Priority residential development project" means a
35 residential development project that meets any of the following
36 conditions:
37 (A) The project dedicates 100 percent of units, exclusive of a
38 manager's unit or units, to lower income households, as defined
39 by Section 50079.5 of the Health and Safety Code.
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SB 937
1 (B) The project meets the requirements described in Section
2 65662.
3 (C) The project is approved by a local government pursuant to
4 Article 2 (commencing with Section 65912.110) or Article 3
5 (commencing with Section 65912.120) of Chapter 4.1.
6 (D) The project meets the requirements described in subdivision
7 (a) of Section 65913.4.
8 (E) The project meets the criteria described in subdivision (c)
9 of Section 65913.16.
10 (F) The project is entitled to a density bonus pursuant to
11 subdivision (b) of Section 65915.
12 (G) The project includes 10 or fewer units.
13 (d) The extension granted pursuant to subdivision (a) shall be
14 tolled during any time that the housing entitlement is the subject
15 of a legal challenge.
16 (e) Nothing in this section is intended to preclude a local
17 government from exercising its existing authority to provide an
18 extension to an entitlement identified in this section.
19 (f) The Legislature finds and declares that this section addresses
20 ensuring planned housing projects can continue without delays
21 due to expiring entitlements is a matter of statewide concern
22 tltan and is not a municipal affair as that term is used in Section 5
23 ofArticle XI of the California Constitution. Therefore, this section
24 applies to all cities, including charter cities.
25 air - c,.etion 66007 of the r_,..,,....... en Code �a a
26 tom
27 66007. (a) Exeept as otherwise provided in subdivisiotts
28 , any loeal ageney that imposes a" fees or eftarges ott -a
29 residential development f-or the eonstmetion of p44�e
30
31 , ttntil
32 the date the eertifieate of oeettpa '
33 ,
34 may determine whether the fees or eharges shall be paid on a-M
35 rata basis For eaeft dwelling when it reeeives its eertifiea
36 ,
37 dwellings have reeeived their eertifieate of oeettpaner,
38 lump sum basis when all the dwellings in the development V U
39 their eertifieate of oeettpaner. For development projeets that meet,
40 the eonditions in s4paragraph (A) of paragraph (2) of s4div
97
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SB 937
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I Packet Pg. 109 1
SB 937
1 enforeement or inspeetion se, v ieea, or to other fees eolleete
2
3 or "Fittal »
4 this seetion,
5 and 307 of the Uniform Bttilding Code,
6 .
7 (f) Methods of eomplying with the requirement in subdivisio
8 ,
9 ittelttde, bttt are not lifflited to, (1) the adoption of the eapita4
10 , or (2) the submittal
11 of a five year plan For eonstmetion and rehabilitation of seftool
12
13 Education Gode.
14
15 ttp to the elose of eserow. This subdivision shall not apply to
16 and eftarges levied pttrsttatit to Chapter 6 with
17
18 EcItteation Gode.
19 SEC. 2. Section 66007 of the Government Code is amended to
20 read:
21 66007. (a) Except as otherwise provided in subdivisions (b)
22 and-(g)-, (h), any local agency that imposes any fees or charges on
23 a residential development for the construction of public
24 improvements or facilities shall not require the payment of those
25 fees or charges, notwithstanding any other provision of law, until
26 the date of the final inspection, or the date the certificate of
27 occupancy is issued, whichever occurs first. However, utility
28 service fees related to connections may be collected at the time
29 an application forte service isd received, provided
30 that those fees do not exceed the costs incurred by the utility
31 provider resulting from the connection activities. If the residential
32 development contains more than one dwelling, the local agency
33 may determine whether the fees or charges shall be paid on a pro
34 rata basis for each dwelling when it receives its final inspection
35 or certificate of occupancy, whichever occurs first; on a pro rata
36 basis when a certain percentage of the dwellings have received
37 their final inspection or certificate of occupancy, whichever occurs
38 first; or on a lump -sum basis when the first dwelling in the
39 development receives its final inspection or certificate of
40 occupancy, whichever occurs first.
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— 9 — SB 937
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(b) (1) Notwithstanding subdivision (a), the local agency may
require the payment of those fees or charges at an earlier time if
(A) the local agency determines that the fees or charges will be
collected for public improvements or facilities for which an account
has been established and funds appropriated and for which the
local agency has adopted a proposed construction schedule or plan
prior to final inspection or issuance of the certificate of occupancy
or (B) the fees or charges are to reimburse the local agency for
expenditures previously made. "Appropriated," as used in this
subdivision, means authorization by the governing body of the
local agency for which the fee is collected to make expenditures
and incur obligations for specific purposes.
(2) (A) Paragraph (1) does not apply to units reserved for
occupancy by lower income households included in a residential
development proposed by a nonprofit housing developer in which
at least 49 percent of the total units are reserved for occupancy by
lower income households, as defined in Section 50079.5 of the
Health and Safety Code, at an affordable rent, as defined in Section
50053 of the Health and Safety Code. In addition to the contract
that may be required under subdivision-(e)-, (d), a city, county, or
city and county may require the posting of a performance bond or
a letter of credit from a federally insured, recognized depository
institution to guarantee payment of any fees or charges that are
subject to this paragraph. Fees and charges exempted from
paragraph (1) under this paragraph shall become immediately due
and payable when the residential development no longer meets
the requirements of this paragraph.
(B) The exception provided in subparagraph (A) does not apply
to fees and charges levied pursuant to Chapter 6 (commencing
with Section 17620) of Part 10.5 of Division 1 of Title 1 of the
Education Code.
(c) All of the following apply to priority residential development
projects:
(1) If a local agency imposes any fees or charges on the
residential development for the construction of public
improvements or facilities, then all of the following conditions
apply:
(A) Notwithstanding any other law, the local agency shall not
require the payment of those fees or charges until the date the
certificate of occupancy is issued. However, utility service fees
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SB 937 —10 —
1 related to connections may be collected at the time an application
2 for service is received, provided that those fees do not exceed the
3 costs incurred by the utility provider resulting from the connection
4 activities
5 (B) The amount of the fees and charges shall be the same amount
6 as would have been paid had the fees and charges been paid prior
7 to the issuance of building permits, and the local agency shall not
8 charge interest or other fees on any amount deferred pursuant to
9 this paragraph.
10 (C) If the development contains more than one dwelling, the
11 local agency may determine whether the fees or charges described
12 shall be paid on a pro rata basis for each dwelling when it receives
13 its certificate of occupancy, on a pro rata basis when a certain
14 percentage of the dwellings have received their certificate of
15 occupancy, or on a lump -sum basis when all the dwellings in the
16 development receive their certificate of occupancy.
17 (2) (A) Notwithstanding paragraph (1), the local agency may
18 require the payment of those fees or charges at an earlier time if
19 (i) the local agency determines that the fees or charges will be
20 collectedfor public improvements orfacilities for which an account
21 has been established and funds appropriated and for which the
22 local agency has adopted a proposed construction schedule or
23 plan prior to final inspection or issuance of the certificate of
24 occupancy or (ii) the fees or charges are to reimburse the local
25 agency for expenditures previously made. "Appropriated," as used
26 in this paragraph, means authorization by the governing body of
27 the local agency for which the fee is collected to make expenditures
28 and incur obligations for speck purposes.
29 (B) (i) Subparagraph (A) does not apply to units reserved for
30 occupancy by lower income households included in a residential
31 development proposed by a nonprofit housing developer in which
32 at least 49 percent of the total units are reserved for occupancy
33 by lower income households, as defined in Section 50079.5 of the
34 Health and Safety Code, at an affordable rent, as defined in Section
35 50053 of the Health and Safety Code. In addition to the contract
36 that may be required under subdivision (d), a city, county, or city
37 and county may require the posting of a performance bond or a
38 letter of credit from a federally insured, recognized depository
39 institution to guarantee payment of any fees or charges that are
40 subject to this paragraph. Fees and charges exempted from
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-11— SB 937
1 subparagraph (A) under this subparagraph shall become
2 immediately due and payable when the residential development
3 no longer meets the requirements of this subparagraph.
4 (ii) The exception provided in clause (i) does not apply to fees
5 and charges levied pursuant to Chapter 6 (commencing with
6 Section 17620) of Part 10.5 ofDivision I of Title I of the Education
7 Code.
8 (3) If the local agency does not issue certificates of occupancy
9 for the type of residential developments described in this
10 subdivision, the final inspection shall serve as the certificate of
11 occupancy.
12 (4) For purposes of this subdivision, `priority residential
13 development project" means a residential development project
14 that meets any of the following conditions:
15 (A) The project dedicates 100 percent of units, exclusive of a
16 manager's unit or units, to lower income households, as defined
17 by Section 50079.5 of the Health and Safety Code.
18 (B) The project meets the requirements described in Section
19 65662.
20 (C) The project is approved by a local government pursuant to
21 Article 2 (commencing with Section 65912.110) or Article 3
22 (commencing with Section 65912.120) of Chapter 4.1.
23 (D) The project meets the requirements described in subdivision
24 (a) of Section 65913.4.
25 (E) The project meets the criteria described in subdivision (c)
26 of Section 65913.16.
27 (F) The project is entitled to a density bonus pursuant to
28 subdivision (b) of Section 65915.
29 (G) The project includes 10 or fewer units.
30 (-e)
31 (d) (1) If any fee or charge specified in subdivision (a) or (c)
32 is not fully paid prior to issuance of a building permit for
33 construction of any portion of the residential development
34 encumbered thereby, the local agency issuing the building permit
35 may require the property owner, or lessee if the lessee's interest
36 appears of record, as a condition of issuance of the building permit,
37 to execute a contract to pay the fee or charge, or applicable portion
38 thereof, within the time specified in subdivision -(a} (a) or (c). If
39 the fee or charge is prorated pursuant to subdivision -(a} (a) or (c),
40 the obligation under the contract shall be similarly prorated.
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SB 937
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(2) The obligation to pay the fee or charge shall inure to the
benefit of, and be enforceable by, the local agency that imposed
the fee or charge, regardless of whether it is a party to the contract.
The contract shall contain a legal description of the property
affected, shall be recorded in the office of the county recorder of
the county and, from the date of recordation, shall constitute a lien
for the payment of the fee or charge, which shall be enforceable
against successors in interest to the property owner or lessee at the
time of issuance of the building permit. The contract shall be
recorded in the grantor -grantee index in the name of the public
agency issuing the building permit as grantee and in the name of
the property owner or lessee as grantor. The local agency shall
record a release of the obligation, containing a legal description
of the property, in the event the obligation is paid in full, or a partial
release in the event the fee or charge is prorated pursuant to
subdivision -(a} (a) or (c).
(3) The contract may require the property owner or lessee to
provide appropriate notification of the opening of any escrow for
the sale of the property for which the building permit was issued
and to provide in the escrow instructions that the fee or charge be
paid to the local agency imposing the same from the sale proceeds
in escrow prior to disbursing proceeds to the seller.
(4) The governing body of a local agency may authorize an
officer or employee of the local agency to approve and execute
contracts under this subdivision on behalf of the local agency.
(5) Prior to requiring execution of a contract under this
subdivision, the local agency shall post a model form of contract
on its internet website.
(e) This section applies only to fees collected by a local agency
to fund the construction of public improvements or facilities. It
does not apply to fees collected to cover the cost of code
enforcement or inspection services, or to other fees collected to
pay for the cost of enforcement of local ordinances or state law.
(� "Final inspection" or "certificate of occupancy," as used in
this section, have the same meaning as described in Sections 305
and 307 of the Uniform Building Code, International Conference
of Building Officials, 1985 edition.
()
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-13 — SB 937
1 (g) Methods of complying with the requirement in subdivision
2 (b) that a proposed construction schedule or plan be adopted,
3 include, but are not limited to, (1) the adoption of the capital
4 improvement plan described in Section 66002, or (2) the submittal
5 of a five-year plan for construction and rehabilitation of school
6 facilities pursuant to subdivision (c) of Section 17017.5 of the
7 Education Code.
8 (g)
9 (h) A local agency may defer the collection of one or more fees
10 up to the close of escrow. This subdivision shall not apply to fees
11 and charges levied pursuant to Chapter 6 (commencing with
12 Section 17620) of Part 10.5 of Division 1 of Title 1 of the
13 Education Code.
14 SEC. 3. No reimbursement is required by this act pursuant to
15 Section 6 of Article XIIIB of the California Constitution because
16 a local agency or school district has the authority to levy service
17 charges, fees, or assessments sufficient to pay for the program or
18 level of service mandated by this act, within the meaning of Section
19 17556 of the Government Code.
X
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d:!A
AI` A CL. RIT ., CALIFORNIA
I
Legislative Committee May 15, 2024
Senate Bill 1037 — Planning and Zoning: Housing Element: Enforcement
Recommendation
Legislative Committee recommend to oppose Senate Bill 1037.
Summary
Introduced by Senator Scott Wiener (D-11-San Francisco), Senate Bill 1037 would authorize the
Attorney General to seek civil penalties in court against local governments for failure to adopt a
compliant Housing Element or if the local government does not follow state laws that require
ministerial approval of certain housing projects.
This legislation would seek the following penalties if a local government fails to adopt a
compliant Housing Element:
• At a minimum, $10,000 per month, not exceeding $50,000 per month, for each violation,
accrued from the date of the violation until the violation is cured;
• All costs of investigating and prosecuting this action, including expert fees, reasonable
attorney's fees, and costs, whenever the Attorney General prevails; and
• Other relief as the court deems appropriate, including equitable and injunctive relief,
provisional or otherwise.
Background
In 1982, the Housing Accountability Act (HAA) was enacted, requiring that local governments,
under existing planning and zoning law, prepare and adopt a General Plan, including a Housing
Element, to guide the future growth of a community. The Housing Element consists of an
identification and analysis of existing and projected housing needs and a statement of goals,
policies, objectives, financial resources, and scheduled programs for the preservation,
improvement, and development of housing.
Senate Bill 167 (Chapter 368, Statutes of 2017), which the City Council opposed at the Regular
Meeting on August 22, 2017, amended the HAA, allowing for fines to be imposed for a local
governments lack of compliance. Specifically, if a court finds a local government violated the
HAA, a court must issue an order or judgment compelling compliance with the HAA within 60
days and may include an order that the local government act on the housing development project.
The plaintiff is entitled to attorney's fees unless the court finds that awarding fees would not
further the purposes of the HAA. If a local government fails to comply within the 60 days, then
monetary penalties can be imposed.
Packet Pg. 116
However, Senate Bill 1037 does not provide an opportunity for local governments to address a
genuine difference in interpreting the law. Even jurisdictions acting in good faith would be
subject to the significant fines. In Los Angeles County, 16 cities remain out of compliance
according to HCD's Housing Element Review and Compliance Report.
The recommendation to oppose Senate Bill 1037 is consistent with the City of Santa Clarita 2024
Executive and Legislative Platform. Specifically, Component 1 under "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.
Supporters
State of California Attorney General Rob Bonta (Sponsor)
Abundant Housing LA
California Community Builders
California YIMBY
SPUR
Opponents
California Contract Cities Association
Catalyst for Local Control
League of California Cities
Bill Status
Senate Bill 1037 passed the Senate Judiciary Committee (9-2) on April 23, 2024, and is pending
a Senate Floor vote.
Packet Pg. 117
AMENDED IN SENATE APRIL 25, 2024
AMENDED IN SENATE MARCH 19, 2024
SENATE BILL
No. 1037
Introduced by Senator Wiener
February 6, 2024
An act to add Section 65009.1 to the Government Code, relating to
housing.
LEGISLATIVE COUNSEL'S DIGEST
SB 1037, as amended, Wiener. Planning and zoning: housing element:
enforcement.
Existing law, the Planning and Zoning Law, requires a city or county
to adopt a general plan for land use development within its boundaries
that includes, among other things, a housing element. The Planning and
Zoning Law requires the Department of Housing and Community
Development (HCD) to determine whether the housing element is in
substantial compliance with specified provisions of that law. The
Planning and Zoning Law requires HCD to notify a city, county, or city
and county, and authorizes HCD to notify the office of the Attorney
General, that the city, county, or city and county is in violation of state
law if the local government has taken action in violation of specified
provisions of law. The Planning and Zoning Law also requires, among
other things, that an application for a housing development be subject
to a specified streamlined, ministerial approval process if the
development satisfies certain objective planning standards.
This bill, in any action brought by the Attorney General, on behalf
of HCD or in an independent capacity, to enforce the adoption of
housing element revisions, as specified, or to enforce any state law that
requires a city, county, or local agency to ministerially approve any
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SB 1037 — 2 —
land use decision or permitting application for a housing development
project, as specified, would subject the city, county, or local agency to
specified remedies, including a civil penalty of, at minimum, $10,000
per month, and not exceeding $50,000 per month, for each violation,
as specified. The bill would require that the penalties set forth in its
provisions only apply when local land use decisions or actions are
arbitrary, capricious, entirely lacking in evidentiary support, contrary
to established public policy, unlawful, or procedurally unfair The bill
would require these civil penalties, as specified, to be deposited into
the Building Homes and Jobs Trust Fund for the sole purpose of
supporting the development of affordable housing located in the affected
jurisdiction, except as provided, and would require that expenditure of
any penalty moneys deposited into the fund under these provisions be
subject to appropriation by the Legislature. In the event a city, county,
or local agency fails to pay civil penalties imposed by the court, the bill
would authorize the court to require the Controller to intercept any
available state and local funds and direct those funds to the Building
Homes and Jobs Trust Fund to correct the jurisdiction's failure to pay,
as specified.
The bill would make a related statement of legislative findings and
declarations.
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.
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. The Legislature finds and declares all of the
2 following:
3 (a) California has a statewide housing shortage crisis.
4 (b) California's housing crisis stifles economic growth,
5 contributes to the homelessness epidemic, consumes an
6 ever-growing share of the paychecks of working families, and
7 holds millions of households back from realizing the California
8 dream of achieving housing security or home ownership.
9 Conversely, new construction of residences, particularly
10 multifamily homes, induces a chain of moves, ultimately adding
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— 3 — SB 1037
1 more housing units affordable to middle- and low-income
2 households.
3 (c) Restrictive zoning, land use planning, and burdensome
4 residential permitting practices and policies, at the local level in
5 particular, are a major cause of the shortfall between California's
6 housing needs and the available supply of housing. For example,
7 despite the obligations of local governments under the Housing
8 Element Law to update their general plans, including required
9 rezoning for additional sites to address projected housing needs,
10 numerous cities and counties continue to delay and, at times even
11 refuse, to undertake required actions to encourage, promote, and
12 facilitate the development of housing to accommodate the
13 established regional housing need. The absence of updated housing
14 elements that are substantially compliant with state law causes
15 unnecessary uncertainty and delay in approving housing
16 development applications. This cumulative delay causes many
17 local governments to continue to fall behind in meeting their share
18 of regional housing need.
19 (d) These restrictive practices and policies continue to persist
20 despite other statewide reforms to expedite, streamline, and
21 ministerially approve the planning and construction of housing of
22 all types, including housing affordable to persons and families of
23 lower income. While not exhaustive, these reforms can be found
24 in the following provisions:
25 (1) Accessory dwelling units, as described in Sections 65852.150
26 and 65852.2 of the Government Code.
27 (2) By -right housing, in which certain multifamily housing is
28 designated a permitted use, as described in Section 65589.4 of the
29 Government Code.
30 (3) Reduced time for action on affordable housing applications
31 under the approval of the development permits process, as
32 described in Article 5 (commencing with Section 65950) of Chapter
33 4.5 of Division 1 of Title 7 of the Government Code.
34 (4) Streamlining housing approvals during a housing shortage,
35 as described in Section 65913.4 of the Government Code.
36 (5) Streamlining agricultural employee housing development
37 approvals, as described in Section 17021.8 of the Health and Safety
38 Code.
39 (6) The Housing Crisis Act of 2019, as described in Chapter
40 654 of the Statutes of 2019 (Senate Bill 330).
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SB 1037 — 4 —
1 (7) Allowing four units to be built on single-family parcels
2 statewide, as described in Chapter 162 of the Statutes of 2021
3 (Senate Bill 9).
4 (8) The Middle Class Housing Act of 2022, as described in
5 Section 65852.24 of the Government Code.
6 (9) The Affordable Housing and High Road Jobs Act of 2022,
7 as described in Chapter 4.1 (commencing with Section 65912.100)
8 of Division 1 of Title 7 of the Government Code.
9 (10) Housing element law requirements and required rezoning
10 to address unmet housing needs, as described in Chapter 974 of
11 the Statutes of 2018 (Senate Bill 828) and Chapter 358 of the
12 Statutes of 2021 (Assembly Bill 1398).
13 SEC. 2. Section 65009.1 is added to the Government Code, to
14 read:
15 65009.1. (a) In any action brought by the Attorney General,
16 on behalf of the Department of Housing and Community
17 Development or in an independent capacity, to enforce the adoption
18 of housing element revisions pursuant to the schedule set forth in
19 subdivision (e) of Section 65588, or to enforce any state law that
20 requires a city, county, or local agency to ministerially approve,
21 without discretionary review, any land use decision or permitting
22 application for a housing development project, the city, county,
23 or local agency shall be subject to the following remedies:
24 (1) A civil penalty of, at minimum, ten thousand dollars
25 ($10,000) per month, and not exceeding fifty thousand dollars
26 ($50,000) per month, for each violation, accrued from the date of
27 the violation until the date the violation is cured.
28 (2) (A) All costs of investigating and prosecuting this action,
29 including expert fees, reasonable attorney's fees, and costs,
30 whenever the Attorney General prevails in a civil action to enforce
31 any state laws under this section.
32 (B) Awards imposed pursuant to this paragraph shall be paid
33 to the Public Rights Law Enforcement Special Fund established
34 by Section 12530.
35 (3) (A) Other relief as the court deems appropriate, including
36 equitable and injunctive relief, provisional or otherwise.
37 (B) Any injunction, provisional or otherwise, ordered by the
38 court pursuant to this paragraph shall be deemed to be prohibitory,
39 and not affirmative.
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— 5 — SB 1037
1 (b) The penalties
2 set forth in this section shall only apply when local land use
3 decisions or actions are arbitrary, capricious, entirely lacking in
4 evidentiary support, contrary to established public policy, unlawful,
5 or procedurallyin, unfair. The purpose of this section is to
6 ensure adequate remedies are available to ensure that state laws
7 mandating streamlined, ministerial approvals related to housing
8 development projects, and the timely adoption of housing element
9 revisions, are promptly and faithfully followed.
10 (c) (1) Any civil penalty levied pursuant to this section shall
11 be deposited into the Building Homes and Jobs Trust Fund for the
12 sole purpose of supporting the development of affordable housing
13 located in the affected jurisdiction. Expenditure of any penalty
14 moneys deposited into the Building Homes and Jobs Trust Fund
15 pursuant to this subdivision shall be subject to appropriation by
16 the Legislature.
17 (2) Any penalty imposed pursuant to this section shall not be
18 paid out of funds already dedicated to affordable housing,
19 including, but not limited to, very low, low-, and moderate -income
20 households.
21 (3) To the extent permitted under the California Constitution,
22 in the event a city, county, or local agency fails to pay civil
23 penalties imposed by the court, the court may require the Controller
24 to intercept any available state and local funds and direct those
25 funds to the Building Homes and Jobs Trust Fund to correct the
26 jurisdiction's failure to pay.
27 (4) Notwithstanding paragraph (1), if the penalty moneys have
28 not been expended five years after deposit, the penalty moneys
29 may be used, upon appropriation, to finance newly constructed
30 affordable housing units in the state without any geographic
31 restrictions.
32 (d) The liability, penalties, and remedies imposed by this section
33 are in addition to any other liability, penalties, and remedies
34 imposed by any other law.
35 SEC. 3. The Legislature finds and declares that the lack of
36 housing is a matter of statewide concern and is not a municipal
37 affair as that term is used in Section 5 of Article XI of the
38 California Constitution. Therefore, the Legislature clarifies that
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SB 1037
1 Section 2 of this act adding Section 65009.1 to the Government
2 Code applies to all cities, including charter cities.
x
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d:!A
AI` A CL. RIT ., CALIFORNIA
I
Legislative Committee May 15, 2024
Senate Bill 1416 — Sentencing Enhancements: Sale, Exchange, or Return of
Stolen Property
Recommendation
Legislative Committee recommend support of Senate Bill 1416.
Summary
Introduced by Senator Josh Newman (D-29-Anaheim), Senate Bill 1416 imposes a sentence
enhancement for selling, exchanging, or returning, any property acquired through acts of thefts
from a retail business. This legislation would increase the penalties if the stolen goods are more
than $50,000, as follows:
• If the value of the property exceeds $50,000 the court, in addition to the punishment for
the crime of which the defendant has been convicted, shall impose an additional term of
one year.
• If the value of the property exceeds $200,000 the court, in addition to the punishment for
the crime of which the defendant has been convicted, shall impose an additional term of
two years.
• If the value of the property exceeds $1,000,000, the court, in addition to the punishment
for the crime of which the defendant has been convicted, shall impose an additional term
of three years.
• If the value of the property exceeds $3,000,000, the court, in addition to the punishment
for the crime of which the defendant has been convicted, shall impose an additional term
of four years.
• For each property value of $3,000,000, the court shall impose a term of one year in
addition to the term specified above.
Background
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, to misdemeanors. Under previous state law, shoplifting property worth
$950 or less, a type of petty theft, was a misdemeanor. However, such crimes could also be
charged as burglary instead, if the shoplifter intended to shoplift upon entering the store, which
could be prosecuted as a felony and sentenced up to three years in prison.
With the approval of Proposition 47 (2014), shoplifting property worth $950 or less is a
misdemeanor, regardless of intent, and holds a sentence of up to one year in county jail and/or a
fine up to $1,000.
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According to the Public Policy Institute of California which had researchers testify in front of the i
State Assembly Select Committee on Retail Theft in January 2024, overall felony retail theft was V_
up 16 percent in 2022 compared with 2019. Commercial robbery, which includes thefts in which
force is used or threatened, like some smash-and-grab thefts, was up 13 percent over the same m
time period. r
c
m
Moreover, commercial burglary has become increasingly dependent on resale operations of CO
to
stolen goods, most commonly online third -party marketplaces. According to a 2023 report by the 2
LU
National Retail Federation, the median organized retail crime operation handled approximately
$250,000 in stolen merchandise prior to being apprehended by law enforcement.
The recommendation to support Senate Bill 1416 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."
Supporters
California Retailers Association
League of California Cities
Opponents
San Francisco Public Defender
Bill Status
Senate Bill 1416 passed the Senate Public Safety Committee (5-0) on April 9, 2024, and is
pending a hearing in the Senate Appropriations Committee.
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AMENDED IN SENATE APRIL 16, 2024
AMENDED IN SENATE MARCH 20, 2024
SENATE BILL
No. 1416
Introduced by Senator Newman
(Coauthor: Senator Allen)
February 16, 2024
An act to add Section 12022.10 to the Penal Code, relating to crimes.
LEGISLATIVE COUNSEL'S DIGEST
SB 1416, as amended, Newman. Sentencing enhancements: sale,
exchange, or return of stolen property.
Existing law defines types of theft, including petty theft, grand theft,
and shoplifting. Existing law also defines the crime of burglary, which
consists of entering specified buildings, places, or vehicles with the
intent to commit grand or petty theft or a felony.
This bill would create sentencing enhancements for selling,
exchanging, or returning for value, or attempting to sell, exchange, or
return for value, any property acquired through one or more acts of
shoplifting, theft, or burglary from a retail business, if the property
value exceeds specified amounts. The bill would additionally make
these enhancements apply to any person acting in concert with another
person to violate these provisions. By adding new sentencing
enhancements, this bill would impose a state -mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
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SB 1416 —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 SECTIONI. Section 12022.10 is added to the Penal Code, to
2 read:
3 12022.10. (a) Whence a person sells, exchanges, or returns
4 for value, or attempts to sell, exchange, or return for value, property
5 acquired through one or more acts of shoplifting, theft, or burglary
6 from a retail business, whether or not the person committed the
7 act of shoplifting, theft, or burglary, the court shall impose an
8 additional term as follows:
9 (1) If the property value exceeds fifty thousand dollars
10 ($50,000), the court, in addition and consecutive to the punishment
11 prescribed for the crime of which the defendant has been convicted,
12 shall impose an additional term of one year.
13 (2) If the property value exceeds two hundred thousand dollars
14 ($200,000), the court, in addition and consecutive to the
15 punishment prescribed for the crime of which the defendant has
16 been convicted, shall impose an additional term of two years.
17 (3) If the property value exceeds one million dollars
18 ($1,000,000), the court, in addition and consecutive to the
19 punishment prescribed for the crime of which the defendant has
20 been convicted, shall impose an additional term of three years.
21 (4) If the property value exceeds three million dollars
22 ($3,000,000), the court, in addition and consecutive to the
23 punishment prescribed for the crime of which the defendant has
24 been convicted, shall impose an additional term of four years.
25 (5) For each property value of three million dollars ($3,000,000),
26 the court shall impose a term of one year in addition to the term
27 specified in paragraph (4).
28 (b) Whence a person acts in concert with another to sell,
29 exchange, or return for value, or attempts to sell, exchange, or
30 return for value, property acquired through one or more acts of
31 shoplifting, theft, or burglary from a retail business, whether or
32 not the person committed the act of shoplifting, theft, or burglary,
33 the court shall impose the additional term specified in subdivision
34 (a).
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— 3 — SB 1416
1 (c) In an accusatory pleading involving multiple charges of
2 sales, exchanges, or returns for value, or attempts to do the same,
3 the additional terms provided in this section may be imposed if
4 the aggregate value of the property involved exceeds the amounts
5 specified in this section and arises from a common scheme or plan.
6 All pleadings under this section are subject to the rules of joinder
7 and severance stated in Section 954.
8 (d) The additional terms provided in this section shall not be
9 imposed unless the facts relating to the amounts provided in this
10 section are charged in the accusatory pleading and admitted by the
11 defendant or found to be true by the trier of fact.
12 (e) Notwithstanding any other law, the court may impose an
13 enhancement pursuant to this section and another section on a
14 single count.
15 SEC. 2. No reimbursement is required by this act pursuant to
16 Section 6 of Article XIIIB of the California Constitution because
17 the only costs that may be incurred by a local agency or school
18 district will be incurred because this act creates a new crime or
19 infraction, eliminates a crime or infraction, or changes the penalty
20 for a crime or infraction, within the meaning of Section 17556 of
21 the Government Code, or changes the definition of a crime within
22 the meaning of Section 6 of Article XIII B of the California
23 Constitution.
X
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