HomeMy WebLinkAbout2025-03-27 - AGENDAS - LEGISLATIVECITY OF SANTA CLARITA
CITY COUNCIL LEGISLATIVE COMMITTEE
SPECIAL MEETING
Thursday, March 27, 2025
11:30 AM
LOCATION: City Hall, Orchard Room, I" 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 507: Adaptive Reuse: Streamlining — Incentives
Introduced by Assembly Member Matt Haney (D-17-San Francisco), Assembly
Bill 507 requires cities and counties to approve an adaptive reuse project as a use
by right in all zones, regardless of local zoning, and subject to a streamlined and
ministerial review process, if the project meets specified requirements.
RECOMMENDED ACTION:
Legislative Committee recommend to oppose Assembly Bill 507.
ITEM 2 ASSEMBLY BILL 893: Housing Development: Campus Development Zone
Introduced by Assembly Member Mike Fong (D-49-Alhambra), Assembly Bill
893 requires cities and counties to approve an affordable housing project located
within a one -mile radius from a college or community college as a use by right in
all zones, regardless of local zoning, and subject to a streamlined and ministerial
review process, if the project meets specified requirements.
RECOMMENDED ACTION:
Legislative Committee recommend to oppose Assembly Bill 893.
ITEM 3 ASSEMBLY BILL 1154: Accessory Dwelling Units — Junior Accessory
Dwelling Units
Introduced by Assembly Member Juan Carrillo (D-39-Palmdale), Assembly Bill
1154 prohibits cities and counties from imposing any parking standards for the
construction of an Accessory Dwelling Unit, if the unit is 500 square feet or
smaller.
RECOMMENDED ACTION:
Legislative Committee recommend to oppose Assembly Bill 1154.
ITEM 4 ASSEMBLY BILL 1206: Single -Family and Multi -Family Housing Units —
Preapproved Plans
Introduced by Assembly Member John Harabedian (D-41-Pasadena), Assembly
Bill 1206 requires cities and counties to develop a program for the preapproval of
housing projects through a streamlined and ministerial process. The bill would
also establish a 30-day shot clock for local governments to approve or deny a
preapproval application.
RECOMMENDED ACTION:
Legislative Committee recommend to oppose Assembly Bill 1206.
ITEM 5 SENATE BILL 677: Housing Development: Streamlined Approvals
Introduced by Senator Scott Wiener (D-I I -San Francisco), Senate Bill 677,
among other things, requires cities and counties to approve the development of up
to two -residential units on any single-family property or property zoned for four
or less residential units.
RECOMMENDED ACTION:
Legislative Committee recommend to oppose Senate Bill 677.
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 27" DAY OF MARCH, 2025, AT
11:30 A.M. IN THE ORCHARD 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 271h day of March, 2025, at the hour of 11:30 a.m. was delivered and posted pursuant to
Government Code 54956.
Sherrye Ketche aw, Administra `ve Assistant
City Manager's Office
Dated: March 24, 2025
S:WSUNasis\Lcgislaliec Co=ittmTcgislaGrc Committee Meeting- 3.5.25�Legisladre Committee AgcM, _3.5.25.d—
N IA CLARIT , CALIFORNIA
Legislative Committee March 21, 2025
Assembly Bill 507: Adaptive Reuse: Streamlining — Incentives
Recommendation
The City Council oppose Assembly Bill 507.
Summary
Introduced by Assembly Member Matt Haney (D-17-San Francisco), Assembly Bill 507 requires cities
and counties to approve an adaptive reuse project as a use by right in all zones, regardless of local
zoning, and subject to a streamlined and ministerial review process, if the project meets specified
requirements.
Background
The City of Santa Clarita (City) currently has policies and standards in place regarding proposed
residential developments related to parking, design standards, zoning, and overall application review.
Typically, large housing development projects undergo an extensive public review process, including
public hearings, administrative review, and an opportunity for appeal. This allows the City's Planning
Division, Planning Commission, and the public the ability to review residential projects based on
unique community circumstances and needs, and ensures that a site has adequate access to services and
resources to support residential use or sustain greater residential density.
Assembly Bill 507 preempts the City's regular review process and instead, requires adaptive reuse
projects that meet objective design standards and an affordable housing criteria listed below, to be
approved over-the-counter through a streamline and ministerial review process. Projects under a
streamlined and ministerial review are not subject to an appeals process, public hearing, and the
California Environmental Quality Act review.
• Rental project dedicates 8 percent of units for very low-income households and 5 percent of
units for extremely low-income households, or 15 percent of units for lower income
households.
• Homeownership project dedicates 30 percent for moderate income households or 15 percent
for lower income households.
Additionally, Assembly Bill 507 includes a shot clock provision, requiring eligible adaptive reuse
projects to be reviewed within 60 days if the project contains fewer than 150 housing units, and 90
days if the project is larger. Similar proposals typically take 6-9 months.
The City's review is to ensure that the use of the project, when considered on the basis of the
suitability of the site, is arranged to avoid traffic congestion and ensure the protection of public health,
safety, and general welfare. The City's review is also intended to prevent adverse effects on
neighboring property, facilitate the provision of utility services and other public facilities
commensurate with anticipated population and dwelling unit densities, promote the City's historical
and natural resources such as oak trees, river areas, and ridgelines, and is in conformity with good
zoning practice.
The City Council opposed a similar bill, Assembly Bill 3068 (Haney), at the March 26, 2024, Regular
City Council Meeting.
The recommendation to oppose Assembly Bill 507 is consistent with the City of Santa Clarita 2025
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
Unknown at this time.
Opponents
Unknown at this time.
Bill Status
Assembly Bill 507 was introduced on February 10, 2025, and is pending a committee hearing in the
Assembly Committee on Housing and Community Development.
2
CALIFORNIA LEGISLATURE-2025-26 REGULAR SESSION
ASSEMBLY BILL
No. 507
Introduced by Assembly Member Haney
February 10, 2025
An act to add Chapter 9 (commencing with Section 51299) to Part
1 of Division 1 of Title 5 of, and to add Article 11.5 (commencing with
Section 65658) to Chapter 3 of Division 1 of Title 7 of, the Government
Code, relating to housing.
LEGISLATIVE COUNSEL'S DIGEST
AB 507, as introduced, Haney. Adaptive reuse: streamlining:
incentives.
(1) Existing law, the Planning and Zoning Law, requires each county
and city to adopt a comprehensive, long-term general plan for its
physical development, and the development of certain lands outside its
boundaries, that includes, among other mandatory elements, a housing
element. That law allows a development proponent to submit an
application for a development that is subject to a specified streamlined,
ministerial approval process not subject to a conditional use permit, if
the development satisfies certain objective planning standards, including
that the development is a multifamily housing development that contains
two or more residential units.
This bill would deem an adaptive reuse project a use by right in all
zones, regardless of the zoning of the site, and subject to a streamlined,
ministerial review process if the project meets specified requirements,
subject to specified exceptions. In this regard, an adaptive reuse project,
in order to qualify for the streamlined, ministerial review process, would
be required to be proposed for an existing building that is less than 50
years old or meets certain requirements regarding the preservation of
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AB 507 — 2 —
historic resources, including the signing of an affidavit declaring that
the project will comply with the United States Secretary of the Interior's
Standards for Rehabilitation for, among other things, the preservation
of exterior facades of a building that face a street, or receive federal or
state historic rehabilitation tax credits, as specified. The bill would
require an adaptive reuse project to meet specified affordability criteria.
In this regard, the bill would require an adaptive reuse project for rental
housing to include either 8% of the unit for very low income households
and 5% of the units for extremely low income households or 15% of
the units for lower income households. For an adaptive reuse project
for owner -occupied housing, the bill would require the development to
offer either 30% of the units at an affordable housing cost to
moderate -income households or 15% of the units at an affordable
housing cost to lower income households. For an adaptive reuse project
including mixed uses, the bill would require at least one-half of the
square footage of the adaptive reuse project to be dedicated to residential
uses.
The bill would provide, among other things relating to projects
involving adaptive reuse, that parking is not required for the portion of
a project consisting of a building subject to adaptive reuse that does not
have existing onsite parking. The bill would authorize an adaptive reuse
project subject to these provisions to include the development of new
residential or mixed -use structures on undeveloped areas and parking
areas located on the same parcel as the proposed repurposed building,
or on the parcels adjacent to the proposed adaptive reuse project site if
certain conditions are met.
The bill would authorize a local government to adopt an ordinance,
as specified, to, among other things, specify the process and
requirements applicable to adaptive reuse projects, as specified, and
would require an adaptive reuse project to comply with all objective
planning standards found in the ordinance. The bill would specify that
nothing in its provisions relating to adaptive reuse projects is intended
to preempt the adoption and implementation of a local ordinance that
provides alternative procedures and substantive requirements for
adaptive reuse projects, provided that the local ordinance does not
prohibit an applicant from electing to pursue an adaptive reuse project,
as specified.
The bill would require a local agency that has not adopted an
above -described ordinance to ministerially without discretionary review
approve or disapprove applications for a permit to create or serve an
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— 3 — AB 507
adaptive reuse project, as specified. The bill would, if a local
government's planning director or equivalent position determines that
the adaptive reuse project submitted pursuant to these provisions is
consistent with the objective planning standards, require the local
government to approve the adaptive reuse project within specified
timeframes. The bill would require the local government staff or relevant
local planning and permitting department, upon determining that the
adaptive reuse project is in conflict with any of the objective planning
standards, to provide the proponent written documentation of, among
other things, which standard or standards the development conflicts
with within specific timeframes. The bill would prohibit a local
government from imposing any local development standard on any
project that is an adaptive reuse that would require alteration of the
existing building envelope, except as specified, whether or not the local
government has adopted an ordinance. By requiring local governments
to implement the streamlined, ministerial review process for adaptive
reuse projects, the bill would impose a state -mandated local program.
This bill would, except as specified, exempt an adaptive reuse project
from all impact fees that are not reasonably related to the impacts
resulting from the change of use of the site from nonresidential to
residential or mixed use and would require any fees charged to be
roughly proportional to the difference in impacts caused by the change
of use.
This bill would authorize a city or county, or city and county,
commencing in the 2026-27 fiscal year, to establish an adaptive reuse
investment incentive program to pay adaptive reuse investment incentive
funds to the proponent of an adaptive reuse project approved pursuant
to the streamlined, ministerial process described above for up to 30
consecutive fiscal years, as specified. The bill would define "adaptive
reuse investment incentive funds" to mean an amount up to or equal to
the amount of ad valorem property tax revenue allocated to the
participating local agency from the taxation of that portion of the total
assessed value of the real and personal property of an adaptive reuse
project property that is in excess of the qualified adaptive reuse project
property's valuation at the time of the proponent's initial request for
funding.
The bill would define terms for these purposes, and would make
findings and declarations related to its provisions.
(2) Existing law, the California Environmental Quality Act (CEQA),
requires a lead agency, as defined, to prepare, or cause to be prepared,
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AB 507
and certify the completion of, an environmental impact report on a
project that it proposes to carry out or approve that may have a
significant effect on the environment. CEQA does not apply to the
approval of ministerial projects.
This bill, by establishing the streamlined, ministerial review process
described above, would exempt the approval of adaptive reuse projects
subject to those processes from CEQA. The bill would also exempt
specified findings regarding industrial uses and ordinances adopted to
implement specified provisions from CEQA.
(3) 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.
(4) The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act
for specified reasons.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. The Legislature finds and declares all of the
2 following:
3 (a) Converting vacant commercial space into residential housing,
4 through adaptive reuse, could reduce underutilized and vacant
5 buildings that have been decreasing in value, thereby helping to
6 stabilize the commercial real estate market and filling those spaces
7 with more valuable tax -generating uses.
8 (b) Adaptive reuse projects can increase activity and foot traffic
9 in neighborhoods across the state, which helps support local
10 businesses and enhance the cultural life of cities and towns.
l l (c) Adaptive reuse projects create new construction jobs and
12 preserve historic structures.
13 (d) Adaptive reuse projects are more environmentally friendly
14 than new construction by repurposing existing materials, reducing
15 transportation emissions, and preserving embodied carbon.
16 (e) New housing construction, at all affordability levels, can
17 help to mitigate, and eventually reverse, the statewide housing
18 shortage.
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1 SEC. 2. Chapter 9 (commencing with Section 51299) is added
2 to Part 1 of Division 1 of Title 5 of the Government Code, to read:
3
4 CHAPTER 9. ADAPTIVE REUSE INVESTMENT INCENTIVE
5 PROGRAM
6
7 51299. It is the intent of the Legislature in enacting this chapter
8 to provide cities and counties with opportunities to adaptively
9 reuse existing buildings, such as office buildings, in order to
10 facilitate their conversion to housing and mixed uses.
11 51299.1. For purposes of this chapter:
12 (a) "Adaptive reuse investment incentive funds" means, with
13 respect to a qualified adaptive reuse project property for a relevant
14 fiscal year, an amount up to or equal to the amount of ad valorem
15 property tax revenue allocated to the participating local agency,
16 excluding the revenue transfers required by Sections 97.2 and 97.3
17 of the Revenue and Taxation Code, from the taxation of that portion
18 of the total assessed value of the real and personal property of an
19 adaptive reuse project property that is in excess of the qualified
20 adaptive reuse project property's valuation at the time of the
21 proponent's initial request for funding.
22 (b) "Program" means an adaptive reuse investment incentive
23 program established pursuant to Section 51299.2.
24 (c) (1) "Proponent" means a party or parties that meet all of
25 the following criteria:
26 (A) The party is named in the application for a permit to
27 construct a qualified adaptive reuse project submitted to the city
28 or county.
29 (B) The party will be the fee owner of the qualified adaptive
30 reuse project property upon the completion of that development.
31 (2) If a proponent that is receiving adaptive reuse investment
32 incentive amounts subsequently leases the qualified adaptive reuse
33 project property to another party, the lease may provide for the
34 payment to that lessee of any portion of adaptive reuse investment
35 incentive funds. A lessee that receives any portion of adaptive
36 reuse investment incentive funds shall also be considered a
37 proponent for the purposes of this chapter.
38 (d) "Qualified adaptive reuse project property" means an
39 adaptive reuse project proposed pursuant to Article 11.5
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AB 507
1 (commencing with Section 65658) of Chapter 3 of Division 1 of
2 Title 7 that is located within the city or county.
3 51299.2. (a) Commencing in the 202627 fiscal year, the
4 governing body of a city or county, or city and county, may, by
5 ordinance or resolution, establish an adaptive reuse investment
6 incentive program pursuant to this chapter.
7 (b) (1) A city or county, or city and county, that establishes a
8 program shall, upon the approval by a majority of the entire
9 membership of its governing body of a written request therefor,
10 pay adaptive reuse investment incentive funds to the proponent of
11 a qualified adaptive reuse project property to subsidize the
12 affordable housing units, as required pursuant to Article 11.5
13 (commencing with Section 65658) of Chapter 3 of Division 1 of
14 Title 7, for up to 30 consecutive fiscal years. Nothing in this
15 paragraph shall prohibit a city or county, or city and county, from
16 paying adaptive reuse investment incentive funds to a proponent
17 pursuant to this paragraph for a period of fewer than 30 years.
18 (2) A request for the payment of adaptive reuse investment
19 incentive funds shall be filed by a proponent in writing with the
20 governing body of the city or county in the time and manner
21 established by that governing body.
22 (c) After a city or county, or city and county, approves a request
23 for the payment of adaptive reuse investment incentive funds,
24 payment of adaptive reuse investment incentive funds shall begin
25 with the first fiscal year that commences after the qualified adaptive
26 reuse property is issued a certificate of occupancy.
27 51299.3. A city or special district may pay to the city or county,
28 or city and county, an amount equal to the amount of ad valorem
29 property tax revenue allocated to that city or special district, but
30 not the actual allocation, derived from the taxation of that portion
31 of the total assessed value of that real property that is in excess of
32 the property's valuation at the time of the proponent's initial
33 request for funding, for the purpose of subsidizing the affordable
34 housing units required pursuant to Article 11.5 (commencing with
35 Section 65658) of Chapter 3 of Division 1 of Title 7.
36 SEC. 3. Article 11.5 (commencing with Section 65658) is
37 added to Chapter 3 of Division 1 of Title 7 of the Government
38 Code, to read:
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1 Article 11.5. Office to Housing Conversion Act
2
3 65658. This article may be cited as the Office to Housing
4 Conversion Act.
5 65658.1. For purposes of this article:
6 (a) (1) "Adaptive reuse project" means the retrofitting and
7 repurposing of an existing building to create new residential or
8 mixed uses including office conversion projects.
9 (2) "Adaptive reuse project" shall not include any of the
10 following:
1 1 (A) The retrofitting and repurposing of any industrial use, unless
12 the planning director or equivalent position finds, based on
13 substantial evidence in the record, that the building is no longer
14 economically viable for industrial use or uses. A finding described
15 in this subparagraph that a building for industrial use is no longer
16 economically viable shall not be considered a "project" under the
17 California Environmental Quality Act (Division 13 (commencing
18 with Section 21000) of the Public Resources Code).
19 (B) The retrofitting and repurposing of any hotels, or any
20 mixed -use buildings that contain hotel use, except if they have
21 been discontinued for a minimum of five years from the date on
22 which this article becomes operative.
23 (b) "Adjacent portion of the project" means the portion of the
24 project located on a site adjacent to and attached to the proposed
25 repurposed existing building, including on the same parcel as the
26 proposed repurposed existing building.
27 (c) `Broadly applicable housing affordability requirement"
28 means a local ordinance or other regulation that requires a
29 minimum percentage of affordable units and that applies to a
30 variety of housing development types or entitlement pathways.
31 (d) "Impact fee" means any fee imposed pursuant to Chapter 5
32 (commencing with Section 66000).
33 (e) "Industrial use" means utilities, manufacturing, transportation
34 storage and maintenance facilities, warehousing uses, and any
35 other use that is a source that is subject to permitting by a district,
36 as defined in Section 39025 of the Health and Safety Code,
37 pursuant to Division 26 (commencing with Section 39000) of the
38 Health and Safety Code or the federal Clean Air Act (42 U.S.C.
39 Sec. 7401 et seq.). "Industrial use" does not include any of the
40 following:
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AB 507 — 8 —
1 (1) Power substations or utility conveyances such as power
2 lines, broadband wires, and pipes.
3 (2) A use where the only source permitted by a district is an
4 emergency backup generator.
5 (3) Self -storage for the residents of a building.
6 (f) "Historical resource" means the same as defined in
7 subdivision 0) of Section 5020.1 of the Public Resources Code,
8 or a resource listed in the California Register of Historical
9 Resources as described in Section 5024.1 of the Public Resources
10 Code.
l l (g) "Local affordable housing requirement" means either of the
12 following:
13 (1) A local government requirement that a housing development
14 project include a certain percentage of units affordable to, and
15 occupied by, extremely low, very low, lower, or moderate -income
16 households as a condition of development of residential units.
17 (2) A local government requirement allowing a housing
18 development project to be a use by right if the project includes a
19 certain percentage of units affordable to, and occupied by,
20 extremely low, very low, lower, or moderate -income households
21 as a condition of development of residential units.
22 (h) "Local government" means a city, including a charter city,
23 a county, including a charter- county, or a city and county, including
24 a charter city and county.
25 (1) "Mixed use" means residential uses combined with at least
26 one other land use, but not including any industrial use.
27 0) "Office conversion project" means the conversion of a
28 building used for office purposes or a vacant office building into
29 residential dwelling units.
30 (k) "Persons and families of low or moderate income" means
31 the same as defined in Section 50093 of the Health and Safety
32 Code.
33 (1) "Phase I environmental assessment" means the same as
34 defined in Section 78090 of the Health and Safety Code.
35 (m) "Phase II environmental assessment" means the same as
36 defined in Section 25403 of the Health and Safety Code.
37 (n) "Preliminary endangerment assessment" means the same as
38 defined in Section 78095 of the Health and Safety Code.
39 (o) "Residential uses" includes, but is not limited to, housing
40 units, dormitories, boarding houses, group housing, and other
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1 congregate residential uses. "Residential uses" does not include
2 prisons or jails.
3 (p) "Urban uses" has the same meaning as defined in Section
4 65912.101.
5 (q) "Use by right" means that the city's or county's review of
6 the adaptive reuse project may not require a conditional use permit,
7 planned unit development permit, or other discretionary city or
8 county review or approval that would constitute a "project" for
9 purposes of Division 13 (commencing with Section 21000) of the
10 Public Resources Code. Any subdivision of the sites shall be
1 1 subject to all laws, including, but not limited to, a city or county
12 ordinance implementing the Subdivision Map Act (Division 2
13 (commencing with Section 66410)).
14 65658.3. (a) A local government may adopt an ordinance to
15 implement this article and specify the process and requirements
16 applicable to adaptive reuse projects, provided that the ordinance
17 is consistent with, and does not inhibit the objectives of, this article.
18 (b) An ordinance adopted pursuant to subdivision (a) shall not
19 be considered a "project" under the California Environmental
20 Quality Act (Division 13 (commencing with Section 21000) of
21 the Public Resources Code).
22 (c) A local agency that has not adopted an ordinance governing
23 adaptive reuse pursuant to subdivision (a) shall ministerially
24 without discretionary review approve or disapprove applications
25 the local agency receives for a permit to create or serve an adaptive
26 reuse project pursuant to this article.
27 (d) Notwithstanding Section 65455, any zoning ordinance
28 authorizing adaptive reuse projects may be adopted or amended
29 even if it is inconsistent with the adopted specific plan, and any
30 conflicting provisions authorizing adaptive reuse projects in the
31 zoning ordinance shall supersede the conflicted provisions in the
32 specific plan.
33 (e) Nothing in this article is intended to preempt the adoption
34 and implementation of a local ordinance that provides alternative
35 procedures and substantive requirements for adaptive reuse
36 projects, provided that the local ordinance does not prohibit an
37 applicant from electing to pursue an adaptive reuse project under
38 this article or under any ordinance adopted to implement this
39 article.
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AB 507
1 65658.4. The Legislature finds and declares that this article
2 addresses a matter of statewide concern rather than a municipal
3 affair as that term is used in Section 5 of Article XI of the
4 California Constitution. Therefore, this article applies to all cities,
5 including charter cities.
6 65658.5. (a) An adaptive reuse project that meets the
7 requirements of subdivision (b) shall be deemed a use by right in
8 all zones, regardless of the zoning of the site, and subject to the
9 streamlined, ministerial review process described in Section
10 65658.8, except that both of the following conditions apply:
l l (1) Any nonresidential uses of a proposed mixed -use adaptive
12 reuse project shall be consistent with the land uses allowed by the
13 zoning or a continuation of an existing zoning nonconforming use.
14 (2) Any tourist hotel uses of a proposed adaptive reuse project
15 shall be subject to the existing approval processes required by that
16 local jurisdiction.
17 (b) An adaptive reuse project shall comply with all of the
18 following requirements:
19 (1) The adaptive reuse project and the site on which it is located
20 shall satisfy both of the following:
21 (A) it is a legal parcel or parcels located in a city if, and only
22 if, the city boundaries include some portion of an urbanized area,
23 as designated by the United States Census Bureau, or, for
24 unincorporated areas, a legal parcel or parcels wholly within the
25 boundaries of an urbanized area, as designated by the United States
26 Census Bureau.
27 (B) At least 75 percent of the perimeter of the site adjoins parcels
28 that are developed with urban uses. For the purposes of this section,
29 parcels that are separated by a street, highway, or any other
30 right-of-way shall be considered to be adjoined.
31 (2) The adaptive reuse project is proposed for any of the
32 following, as applicable:
33 (A) The project is proposed for an existing building that is less
34 than 50 years old.
35 (B) The project is proposed for an existing building that is listed
36 on a local, state, or federal register of historic resources and the
37 adaptive reuse project proponent complies with Section 65658.7.
38 (C) The project is proposed for an existing building that is more
39 than 50 years old and the local government has evaluated the site
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1 through a preliminary application submitted pursuant to subdivision
2 (a) of Section 65658.7 and either of the following are satisfied:
3 (i) The local government determines that the building or site is
4 a historic resource and the adaptive reuse project proponent
5 complies with Section 65658.7.
6 (ii) The local government determines that the building or site
7 is not a historic resource.
8 (3) The adaptive reuse project meets the following affordability
9 criteria, as applicable:
10 (A) (i) An adaptive reuse project for rental housing shall include
11 either of the following:
12 (I) Eight percent of the units for very low income households
13 and 5 percent of the units for extremely low income households.
14 (II) Fifteen percent of the units for lower income households.
15 (ii) The development proponent shall agree to, and the local
16 government shall require, the continued affordability of all
17 affordable rental units included pursuant to this subdivision through
18 a recorded affordability restriction for a period of 55 years. Rents
19 shall be set at an affordable rent, as defined in Section 50053 of
20 the Health and Safety Code.
21 (B) (i) An adaptive reuse project for owner -occupied housing
22 shall comply with either of the following:
23 (1) Thirty percent of the units shall be offered at an affordable
24 housing cost, as defined in Section 50052.5 of the Health and
25 Safety Code, to moderate -income households.
26 (II) Fifteen percent of the units shall be offered at an affordable
27 housing cost, as defined in Section 50052.5 of the Health and
28 Safety Code, to lower income households.
29 (ii) The development proponent shall agree to, and the local
30 government shall require, the continued affordability of all
31 affordable ownership units through a recorded affordability
32 restriction for a period of 45 years.
33 (C) If the local government has a local affordable housing
34 requirement, the housing development project shall comply with
35 all of the following:
36 (1) The development project shall include the percentage of
37 affordable units required by this section or the local requirement,
38 whichever is higher.
39 (ii) The development project shall meet the lowest income
40 targeting required by either this section or the local requirement.
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AB 507 —12 —
1 (iii) If the local affordable housing requirement requires greater
2 than 15 percent of the units to be dedicated for lower income
3 households and does not require the inclusion of units affordable
4 to very low and extremely low income households, then the rental
5 housing development shall do both of the following:
6 (1) Include 8 percent of the units for very low income households
7 and 5 percent of the units for extremely low income households.
8 (II) Fifteen percent of units affordable to lower income
9 households shall be subtracted from the percentage of units
10 required by the local policy at the highest required affordability
1 1 level.
12 (D) Affordable units in the development project shall have the
13 same bedroom and bathroom count ratio as the market rate units,
14 be equitably distributed within the project, and have the same type
15 or quality of appliances, fixtures, and finishes.
16 (4) If the adaptive reuse project includes mixed uses, at least
17 one-half of the square footage of the adaptive reuse project shall
18 be dedicated to residential uses. For purposes of this subparagraph,
19 square footage of the project does not include underground space,
20 including basements or underground parking garages.
21 (5) (A) The local government shall, as a condition of approval
22 of the development, require the development proponent to complete
23 a Phase I environmental assessment.
24 (B) If a recognized environmental condition is found, the
25 development proponent shall undertake a preliminary
26 endangerment assessment, as defined in Section 78095 of the
27 Health and Safety Code, prepared by an environmental assessor
28 to determine the existence of any release of a hazardous substance
29 on the site and to determine the potential for exposure of future
30 occupants to significant health hazards from any nearby property
31 or activity.
32 (1) If a release of a hazardous substance is found to exist on the
33 site, before the local government issues a certificate of occupancy,
34 the release shall be removed, or any significant effects of the
35 release shall be mitigated to a level of insignificance in compliance
36 with current state and federal requirements.
37 (ii) If a potential for exposure to significant hazards from
38 surrounding properties or activities is found to exist, before the
39 local government issues a certificate of occupancy, the effects of
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1 the potential exposure shall be mitigated to a level of insignificance
2 in compliance with current state and federal requirements.
3 (6) (A) The adaptive reuse project complies with all objective
4 planning standards found in an ordinance adopted pursuant to
5 Section 65658.3.
6 (B) A local government shall not impose any local development
7 standard on any project that is an adaptive reuse project pursuant
8 to this article that would require alteration of the existing building
9 envelope, except if required by any applicable local building code,
10 regardless of whether the local government has adopted an
1 1 ordinance pursuant to Section 65658.3.
12 (7) The acreage of the project site is 20 acres or less.
13 (c) An adaptive reuse project that meets all the requirements of
14 subdivision (b) may include rooftop structures that exceed any
15 applicable height limitation imposed by the local government,
16 provided that the rooftop structure does not exceed one story and
17 is used for shared amenities or equipment, including, but not
18 limited to, shared cooking facilities, exercise facilities, common
19 area lounges, or mechanical and stair penthouse facilities.
20 (d) (1) Parking shall not be required for the portion of a project
21 consisting of a building subject to adaptive reuse that does not
22 have existing onsite parking.
23 (2) This article shall not reduce, eliminate, or preclude the
24 enforcement of any requirement imposed on a new multifamily
25 residential or nonresidential development to provide bicycle
26 parking, if feasible.
27 (3) This article shall not reduce, eliminate, or preclude the
28 enforcement of any requirement imposed on a project that includes
29 existing onsite parking to provide electric vehicle supply equipment
30 installed parking spaces or parking spaces that are accessible to
31 persons with disabilities that would have otherwise applied to the
32 development if this section did not apply.
33 (e) An adaptive reuse project shall not violate the terms of any
34 conservation easement applicable to the site.
35 (f) (1) Ahousing development proposed pursuant to this article
36 shall be eligible for a density bonus, incentives or concessions,
37 waivers or reductions of development standards, and parking ratios
38 pursuant to Section 65915.
39 (2) For the purpose of calculating a density bonus for a project
40 proposed pursuant to this article, the base density of an adaptive
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AB 507
1 reuse project shall be the density proposed by the developer,
2 including the portion of a project consisting of a building with a
3 proposed change in use and any adjacent portion of the project,
4 notwithstanding any general plan density limit as described in
5 paragraph (6) of subdivision (o) of Section 65915.
6 (3) The affordability criteria described in paragraph (3) of
7 subdivision (b) shall apply to the base density of the project, and
8 shall not apply to any bonus units proposed pursuant to Section
9 65915.
10 (g) A housing development proposed to adaptively reuse a
11 building shall not be eligible for a density bonus waiver or
12 incentive that has the effect of increasing the height of the
13 adaptively reused building above what is allowed under subdivision
14 (c).
15 65658.6. (a) An adaptive reuse project that satisfies the
16 requirements of Section 65658.5 may include the development of
17 new residential or mixed -use structures on undeveloped areas and
18 parking areas located on the same parcel as the proposed
19 repurposed building, or on the parcels adjacent to the proposed
20 adaptive reuse project site if all of the following requirements are
21 met:
22 (1) The adjacent portion of the project complies with the
23 requirements of any of the following:
24 (A) The requirements of paragraphs (5) and (8) of subdivision
25 (a) of Section 65913.4.
26 (B) The requirements of the Affordable Housing and High Road
27 Jobs Act of 2022 (Chapter 4.1 (commencing with Section
28 65912.100)), including the labor standards for construction workers
29 in the act.
30 (C) The requirements of the Middle Class Housing Act of 2022
31 (Section 65852.24), including the labor standards for construction
32 workers in the act.
33 (2) The adjacent portion of the project is located on a parcel
34 that satisfies the requirements specified in subparagraphs (A) and
35 (B) of paragraph (2) of subdivision (a) of Section 65913.4.
36 (3) The adjacent portion of the project is located on a parcel
37 that satisfies the requirements specified in paragraph (6) of
38 subdivision (a) of Section 65913.4, exclusive of clause (iv) of
39 subparagraph (A), and subparagraph (K), of that paragraph.
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1 (4) The adjacent portion of the project is located on a parcel
2 that satisfies the requirements specified in paragraph (7) of
3 subdivision (a) of Section 65913.4.
4 (5) The applicant and local agency comply with the requirements
5 of subdivision (b) of Section 65913.4.
6 (6) Any existing open space on the proposed project site is not
7 a historic resource.
8 (b) The adjacent portion of the project shall be eligible for a
9 density bonus, incentives or concessions, waivers or reductions of
10 development standards, and parking ratios pursuant to Section
11 65915.
12 65658.7. (a) (1) Before submitting an application for an
13 adaptive reuse project pursuant to Section 65658.5 for a structure
14 that is more than 50 years old and not listed on a local, state, or
15 federal register of historic resources, the development proponent
16 shall submit to the local government a notice of its intent to submit
17 an application. The notice of intent shall be in the form of a
18 preliminary application that includes all of the information
19 described in Section 65941.1.
20 (2) Upon receipt of a notice of intent to submit an application
21 described in subdivision (a), the local government shall evaluate
22 the project site for historical resources. The local government shall
23 make ahistoric resource significance determination within 90 days
24 of submission of the notice of intent for purposes of paragraph (1)
25 of subdivision (b) of Section 65658.5.
26 (3) Submission of a notice of intent pursuant to this section does
27 not constitute owner consent for determination of eligibility for
28 the California or national registers of historic places. Any
29 determination of historic resource significance made pursuant to
30 this subdivision shall apply only for the purposes of this article
31 and shall not affect or be applicable to any other law.
32 (b) If the adaptive reuse project is proposed for an existing
33 building that is listed on a local, state, or federal register of historic
34 resources or if the local government has determined that the project
35 site is a significant historic resource pursuant to subdivision (a),
36 the adaptive reuse project proponent shall sign an affidavit
37 declaring that the project will only move forward if it complies
38 with either of the following:
39 (1) The United States Secretary of the Interior's Standards for
40 Rehabilitation, as found in Part 67 of Title 36 of the Code of
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1 Federal Regulations, for the preservation of exterior facades of a
2 building that face a street, interior facades of a building that face
3 a courtyard, and interior spaces of a building that are publicly
4 accessible and character defining, including ground floor lobbies.
5 Exterior facades that do not face a street, interior facades that do
6 not face a courtyard, and interior spaces that are not publicly
7 accessible and character defining may be modified without regard
8 to the United States Secretary of the Interior's Standards for
9 Rehabilitation.
10 (2) The project is awarded federal historic rehabilitation tax
1 1 credits pursuant to Section 47 of the Internal Revenue Code, or
12 state historic rehabilitation tax credits pursuant to Section 17053.91
13 or 23691 of the Revenue and Taxation Code.
14 (c) (1) (A) Notwithstanding subdivision (b), if the adaptive
15 reuse project is proposed for a site that is listed on a local, state,
16 or federal historic register and the adaptive reuse project proponent
17 does not sign an affidavit pursuant to subdivision (b), the local
18 government shall process the adaptive reuse project pursuant to
19 Section 65658.8, but the local government may deny or
20 conditionally approve the project if the local government makes
21 a finding, based upon a preponderance of evidence in the record,
22 that the project will cause a significant adverse impact to historic
23 resources.
24 (B) A local agency may impose conditions of approval to
25 mitigate impacts to historic resources and to comply with the
26 United States Secretary of the Interior's Standards for
27 Rehabilitation, as found in Part 67 of Title 36 of the Code of
28 Federal Regulations, for the preservation of exterior facades of a
29 building that face a street and interior spaces of a building that are
30 publicly accessible and character defining, including ground floor
31 lobbies, but shall not impose other conditions of approval. Exterior
32 facades that do not face a street and interior spaces that are not
33 publicly accessible and character defining shall not be required to
34 be preserved according to the United States Secretary of the
35 Interior's Standards for Rehabilitation.
36 (2) An adaptive reuse project pursuant to this section shall not
37 constitute a "project" for purposes of Division 13 (commencing
38 with Section 21000) of the Public Resources Code.
39 (d) For the purposes of this article, a local government's
40 evaluation of a site for historical resources and review of an
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1 adaptive reuse project for consistency with the United States
2 Secretary of the Interior's Standards for Rehabilitation shall be
3 conducted by a person who meets the United States Secretary of
4 the Interior's Professional Qualifications Standards, as published
5 in Part 67 (commencing with Section 67.1) of Title 36 of the Code
6 of Federal Regulations. Any revised professional qualifications
7 standards adopted by the Secretary of the Interior that supersede
8 the standards described in this paragraph shall apply.
9 65658.8. (a) (1) Notwithstanding any local law, if a local
10 government's planning director or equivalent position determines
1 1 that an adaptive reuse project submitted pursuant to this article is
12 consistent with the objective planning standards specified in
13 Section 65658.5 and Section 65658.6, if applicable, the local
14 government shall approve the adaptive reuse project within the
15 following timefi-ames:
16 (A) Within 60 days of the date that the project has been deemed
17 consistent pursuant to this paragraph and paragraph (2), if the
18 project contains 150 or fewer housing units.
19 (B) Within 90 days of the date that the project has been deemed
20 consistent pursuant to this paragraph and paragraph (2), if the
21 project contains more than 150 housing units.
22 (2) Upon a determination that an adaptive reuse project
23 submitted pursuant to this section is in conflict with any of the
24 objective planning standards specified in Section 65658.5 or
25 Section 65658.6, if applicable, the local government staff or
26 relevant local planning and permitting department that made the
27 determination shall provide the development proponent written
28 documentation of which standard or standards the development
29 conflicts with, and an explanation for the reason or reasons the
30 development conflicts with that standard or standards within the
31 following timeframes:
32 (A) Within 60 days of submittal of the adaptive reuse project
33 to the local government pursuant to this section if the project
34 contains 150 or fewer housing units.
35 (B) Within 90 days of submittal of the adaptive reuse project
36 to the local government pursuant to this section if the project
37 contains more than 150 housing units.
38 (C) Within 30 days of submittal of any adaptive reuse project
39 that was resubmitted to the local government following a
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AB 507
1 determination of a conflict with one or more objective planning
2 standards pursuant to this paragraph.
3 (3) if the local government's planning director or equivalent
4 position fails to provide the required documentation pursuant to
5 paragraph (2), the adaptive reuse project shall be deemed to satisfy
6 the objective planning standards specified in Section 65658.5 and
7 Section 65658.6, if applicable.
8 (4) For purposes of this section, an adaptive reuse project is
9 consistent with the objective planning standards specified in
10 Section 65658.5 and Section 65658.6, if applicable, if there is
11 substantial evidence that would allow a reasonable person to
12 conclude that the project is consistent with the objective planning
13 standards. The local government shall not determine that an
14 adaptive reuse project, including an application for a modification
15 under subdivision (f), is in conflict with the objective planning
16 standards on the basis that application materials are not included,
17 if the application contains substantial evidence that would allow
18 a reasonable person to conclude that the project is consistent with
19 the objective planning standards.
20 (5) Upon submittal of an application for streamlined, ministerial
21 approval pursuant to this section to the local government, all
22 departments of the local government that are required to issue an
23 approval of the adaptive reuse project before the granting of an
24 entitlement shall comply with the requirements of this section
25 within the time periods specified in paragraphs (1) and (2).
26 (b) (1) (A) Any design review of the project maybe conducted
27 by the local government's planning commission or any equivalent
28 board or commission responsible for design review. That design
29 review shall be objective and be strictly focused on assessing
30 compliance with the criteria required for streamlined projects. That
31 design review shall not in any way inhibit, chill, or preclude the
32 ministerial approval provided by this article.
33 (B) Any design review for the adjacent portion of the project
34 shall be objective and be strictly focused on assessing compliance
35 with the objective criteria required for streamlined projects,
36 including, as applicable, those for new exterior additions to historic
37 buildings described in Preservation Brief 14: New Exterior
38 Additions to Historic Buildings: Preservation Concerns released
39 by the National Park Service within the United States Department
40 of the Interior.
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1 (2) If the adaptive reuse project is consistent with the
2 requirements of Section 65658.5 and Section 65658.6, if applicable,
3 and is consistent with all objective subdivision standards in the
4 local subdivision ordinance, an application for a subdivision
5 pursuant to the Subdivision Map Act (Division 2 (commencing
6 with Section 66410)) shall be exempt from the requirements of
7 the California Environmental Quality Act (Division 13
8 (commencing with Section 21000) of the Public Resources Code)
9 and shall be subject to the public oversight timelines set forth in
10 paragraph (1).
1 1 (c) (1) Notwithstanding any law, a local government, whether
12 or not it has adopted an ordinance governing automobile parking
13 requirements in multifamily developments, shall not impose
14 automobile parking standards for an adjacent portion of the project
15 that was approved pursuant to this article in any of the following
16 instances:
17 (A) The adjacent portion of the project is located within one-half
18 mile of public transit.
19 (B) The adjacent portion of the project is located within an
20 architecturally and historically significant historic district.
21 (C) When on -street parking permits are required but not offered
22 to the occupants of the adjacent portion of the project.
23 (D) When there is a cat- share vehicle located within one block
24 of the adjacent portion of the project.
25 (2) If the adjacent portion of the project does not fall within any
26 of the categories described in paragraph (1), the local government
27 shall not impose automobile parking requirements for the adjacent
28 portion of the project approved pursuant to this article that exceed
29 one parking space per unit.
30 (d) Notwithstanding any other law, a local government shall
31 not require any of the following prior to approving an adaptive
32 reuse project that meets the requirements of this article:
33 (1) Studies, information, or other materials that do not pertain
34 directly to determining whether the adaptive reuse project is
35 consistent with the objective planning standards applicable to the
36 development.
37 (2) (A) Compliance with any standards necessary to receive a
38 postentitlement permit.
39 (B) This paragraph does not prohibit a local agency from
40 requiring compliance with any standards necessary to receive a
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1 postentitlement permit after a permit has been issued pursuant to
2 this section.
3 (C) For purposes of this paragraph, "postentitlement permit"
4 has the same meaning as provided in subparagraph (A) of
5 paragraph (3) of subdivision 0) of Section 65913.3.
6 (e) (1) If a local government approves an adaptive reuse project
7 pursuant to this article, then, notwithstanding any other law, that
8 approval shall not expire if the project satisfies both of the
9 following requirements:
10 (A) The project includes public investment in housing
1 1 affordability, beyond tax credits.
12 (B) At least 20 percent of the units are affordable to households
13 making at or below 80 percent of the area median income.
14 (2) (A) If a local government approves an adaptive reuse project
15 pursuant to this article, and the project does not satisfy the
16 requirements of subparagraphs (A) and (B) of paragraph (1), that
17 approval shall remain valid for three years from the date of the
18 final action establishing that approval, or if litigation is filed
19 challenging that approval, from the date of the final judgment
20 upholding that approval. Approval shall remain valid for a project
21 provided construction activity, including demolition and grading
22 activity, on the development site has begun pursuant to a permit
23 issued by the local jurisdiction and is in progress. For purposes of
24 this subdivision, "in progress" means one of the following:
25 (1) Construction has begun and has not ceased for more than
26 365 days.
27 (ii) If the project requires multiple building permits, an initial
28 phase has been completed, and the project proponent has applied
29 for and is diligently pursuing a building permit for a subsequent
30 phase, provided that once it has been issued, the building permit
31 for the subsequent phase does not lapse.
32 (B) Notwithstanding subparagraph (A), a local government may
33 grant a project a one-time, one-year extension if the project
34 proponent can provide documentation that there has been
35 significant progress toward getting the adaptive reuse project
36 construction ready, such as filing a building permit application.
37 (3) If the qualified adaptive reuse project proponent requests a
38 modification pursuant to subdivision (f), then the time during which
39 the approval shall remain valid shall be extended for the number
40 of days between the submittal of a modification request and the
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1 date of its final approval, plus an additional 180 days to allow time
2 to obtain a building permit. If litigation is filed relating to the
3 modification request, the time shall be further extended during the
4 pendency of the litigation. The extension required by this paragraph
5 shall only apply to the first request for a modification submitted
6 by the development proponent.
7 (f) (1) (A) A development proponent may request a
8 modification to a qualified adaptive reuse project that has been
9 approved under the streamlined approval process provided in this
10 article if that request is submitted to the local government before
1 1 the issuance of the final building permit required for construction
12 of the adaptive reuse project.
13 (B) Except as provided in paragraph (3), the local government
14 shall approve a modification if it determines that the modification
15 is consistent with the objective planning standards specified in
16 subdivision (a) that were in effect when the original adaptive reuse
17 project application was first submitted.
18 (C) The local government shall evaluate any modifications
19 requested pursuant to this subdivision for consistency with the
20 objective planning standards using the same assumptions and
21 analytical methodology that the local government originally used
22 to assess consistency for the adaptive reuse project that was
23 approved for streamlined, ministerial approval pursuant to
24 subdivision (a).
25 (2) Upon receipt of the adaptive reuse project proponent's
26 application requesting a modification, the local government shall
27 determine if the requested modification is consistent with the
28 objective planning standard and either approve or deny the
29 modification request within 60 days after submission of the
30 modification, or within 90 days if design review is required.
31 (3) Notwithstanding paragraph (1), the local government may
32 apply objective planning standards to an adjacent portion of the
33 project adopted after the project application was first submitted to
34 the requested modification in any of the following instances:
35 (A) The adjacent portion of the project is revised such that the
36 total number of residential units or total square footage of
37 construction changes by 15 percent or more. The calculation of
38 the square footage of construction changes shall not include
39 underground space.
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1 (B) The adjacent portion of the project is revised such that the
2 total number of residential units or total square footage of
3 construction changes by 5 percent or more and it is necessary to
4 subject the project to an objective standard beyond those in effect
5 when the project application was submitted in order to mitigate or
6 avoid a specific, adverse impact, as that term is defined in
7 subparagraph (A) of paragraph (1) of subdivision 0) of Section
8 65589.5, upon the public health or safety and there is no feasible
9 alternative method to satisfactorily mitigate or avoid the adverse
10 impact. The calculation of the square footage of construction
1 1 changes shall not include underground space.
12 (C) Objective building standards contained in the California
13 Building Standards Code (Title 24 of the California Code of
14 Regulations) or the California Historical Building Code (Part 8 of
15 Title 24 of the California Code of Regulations), including, but not
16 limited to, building plumbing, electrical, fire, and grading codes,
17 may be applied to all modification applications that are submitted
18 prior to the first building permit application. Those standards may
19 be applied to modification applications submitted after the first
20 building permit application if agreed to by the development
21 proponent.
22 (4) The local government's review of a modification request
23 pursuant to this subdivision shall be strictly limited to determining
24 whether the modification, including any modification to previously
25 approved density bonus concessions or waivers, renders the project
26 inconsistent with the applicable objective planning standards and
27 shall not reconsider prior determinations that are not affected by
28 the modification.
29 65658.9. (a) A local government shall issue a subsequent
30 permit required for an adaptive reuse project approved under this
31 article if the application substantially complies with the project as
32 it was approved pursuant to Section 65658.8. Upon receipt of an
33 application for a subsequent permit, the local government shall
34 process the permit without unreasonable delay and shall not impose
35 any procedure or requirement that is not imposed on projects that
36 are not approved pursuant to this article. The local government
37 shall consider the application for subsequent permits based upon
38 the applicable objective standards specified in any state or local
39 laws that were in effect when the original adaptive reuse project
40 application was submitted, unless the proponent agrees to a change
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1 in objective standards. Issuance of subsequent permits shall
2 implement the approved project, and review of the permit
3 application shall not inhibit, chill, or preclude the adaptive reuse
4 project. For purposes of this paragraph, a "subsequent permit"
5 means a permit required subsequent to receiving approval under
6 subdivision (a) of Section 65658.8, and includes, but is not limited
7 to, demolition, grading, encroachment, and building permits and
8 final maps.
9 (b) (1) If a public improvement is necessary to implement a
10 project subject to this article, including, but not limited to, a bicycle
1 1 lane, sidewalk or walkway, public transit stop, driveway, street
12 paving or overlay, a curb or gutter, a modified intersection, a street
13 sign or street light, landscape or hardscape, an aboveground or
14 underground utility connection, a water line, fire hydrant, storm
15 or sanitary sewer connection, retaining wall, and any related work,
16 and that public improvement is located on land owned by the local
17 government, to the extent that the public improvement requires
18 approval from the local government, the local government shall
19 not exercise its discretion over any approval relating to the public
20 improvement in a manner that would inhibit, chill, or preclude the
21 project.
22 (2) If an application for a public improvement described in
23 paragraph (1) is submitted to a local government, the local
24 government shall do all of the following:
25 (A) Consider the application based upon any objective standards
26 specified in any state or local laws that were in effect when the
27 original adaptive reuse project application was submitted.
28 (B) Conduct its review and approval in the same manner as it
29 would evaluate the public improvement if required by a project
30 that is not eligible to receive ministerial or streamlined approval
31 pursuant to this section.
32 (3) If an application for a public improvement described in
33 paragraph (1) is submitted to a local government, the local
34 government shall not do either of the following:
35 (A) Adopt or impose any requirement that applies to a project
36 solely or partially on the basis that the project is eligible to receive
37 ministerial or streamlined approval pursuant to this article.
38 (B) Unreasonably delay in its consideration, review, or approval
39 of the application.
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1 (c) Nothing in this article shall be interpreted to limit the
2 applicability of Section 65913.3.
3 65658.10. (a) A local government shall not adopt or impose
4 any requirement, including, but not limited to, increased fees or
5 inclusionary housing requirements, that applies to a project solely
6 or partially on the basis that the project is eligible to receive
7 ministerial or streamlined approval pursuant to this article.
8 (b) This article shall not affect a project proponent's ability to
9 use any alternative streamlined by right permit processing adopted
10 by a local government.
11 (c) Any project that qualifies as an adaptive reuse project
12 pursuant to this article shall also qualify as a housing development
13 project entitled to the protections of Section 65589.5.
14 (d) Alterations to an existing building necessary to comply with
15 local code, the California Building Standards Code (Title 24 of
16 the California Code of Regulations), or the California Historical
17 Building Code (Part 8 of Title 24 of the California Code of
18 Regulations) shall not disqualify a qualified adaptive reuse proj ect
19 from the streamlined, ministerial review process established under
20 this article.
21 65658.11. (a) Notwithstanding any other law, an adaptive
22 reuse project shall be exempt from all impact fees that are not
23 reasonably related to the impacts resulting from the change of use
24 of the site from nonresidential to residential or mixed use. Any
25 fees charged shall be roughly proportional to the difference in
26 impacts caused by the change of use.
27 (b) This section shall not apply to any adjacent portion of the
28 project.
29 SEC. 4. No reimbursement is required by this act pursuant to
30 Section 6 of Article XIIIB of the California Constitution because
31 a local agency or school district has the authority to levy service
32 charges, fees, or assessments sufficient to pay for the program or
33 level of service mandated by this act or because costs that may be
34 incurred by a local agency or school district will be incurred
35 because this act creates a new crime or infraction, eliminates a
36 crime or infraction, or changes the penalty for a crime or infraction,
37 within the meaning of Section 17556 of the Government Code, or
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changes the definition of a crime within the meaning of Section 6
of Article XIII B of the California Constitution.
99
N IA CLA ITA, CALIFORNIA
Legislative Committee March 21, 2025
Assembly Bill 893: Housing Development: Campus Development Zone
Recommendation
The City Council oppose Assembly Bill 893.
Summary
Introduced by Assembly Member Mike Fong (D-49-Alhambra), Assembly Bill 893 requires cities and
counties to approve an affordable housing project located within a one -mile radius from a college or
community college as a use by right in all zones, regardless of local zoning, and subject to a
streamlined and ministerial review process, if the project meets specified requirements.
Assembly Bill 893 preempts the City of Santa Clarita's (City) regular review process and instead,
requires an affordable housing project located within a one -mile radius from a college or community
college that meets objective design standards and an affordable housing criteria listed below, to be
approved over-the-counter through a streamline and ministerial review process. Projects under a
streamlined and ministerial review are not subject to an appeals process, public hearing, and the
California Environmental Quality Act review.
Rental project dedicates 5 percent of units for extremely low-income households, extremely
low-income faculty or staff, or students experiencing homelessness, or 8 percent for very
low-income households, very low-income faculty or staff, or students experiencing
homelessness; or
Rental project dedicates 15 percent of units for lower income households, lower income
students, or lower income faculty or staff.
Owner -occupied project offers 30 percent of units at an affordable housing cost, as defined in
Section 50052.5 of the Health and Safety Code, to moderate -income households, or 15
percent of units offered at an affordable housing cost, as defined in Section 50052.5 of the
Health and Safety Code, to lower income households, lower income students, or lower
income faculty or staff.
Background
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.
Under Section 50052.5 of the Health and Safety Code, any owner -occupied housing may not exceed
the following:
(1) For extremely low-income households the product of 30 percent times 30 percent of the area
median income adjusted for family size appropriate for the unit.
(2) For very low-income households the product of 30 percent times 50 percent of the area median
income adjusted for family size appropriate for the unit.
(3) For lower income households whose gross incomes exceed the maximum income for very low-
income households and do not exceed 70 percent of the area median income adjusted for family
size, the product of 30 percent times 70 percent of the area median income adjusted for family size
appropriate for the unit.
(4) For moderate -income households, affordable housing cost shall not be less than 28 percent of the
gross income of the household, nor exceed the product of 35 percent times 110 percent of area
median income adjusted for family size appropriate for the unit.
The City's review is to ensure that the use of the project, when considered on the basis of the
suitability of the site, is arranged to avoid traffic congestion and ensure the protection of public health,
safety, and general welfare. The City's review is also intended to prevent adverse effects on
neighboring property, facilitate the provision of utility services and other public facilities
commensurate with anticipated population and dwelling unit densities, promote the City's historical
and natural resources such as oak trees, river areas, and ridgelines, and is in conformity with good
zoning practice.
The City Council opposed a similar bill, Senate Bill 4 (Chapter 771, Statutes of 2023), at the April 11,
2023, Regular City Council Meeting.
The recommendation to oppose Assembly Bill 893 is consistent with the City of Santa Clarita 2025
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
Unknown at this time.
Opponents
Unknown at this time.
Bill Status
Assembly Bill 893 was introduced on February 19, 2025, and is pending a committee hearing in the
Assembly Committee on Housing and Community Development.
2
CALIFORNIA LEGISLATURE-2025-26 REGULAR SESSION
ASSEMBLY BILL
No. 893
Introduced by Assembly Member Fong
February 19, 2025
An act to amend Sections 65912.101, 65912.104, 65912.121,
65912.122, and 65912.123 of the Government Code, relating to housing.
LEGISLATIVE COUNSEL'S DIGEST
AB 893, as introduced, Fong. Housing development projects:
objective standards: campus development zone.
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. The act
requires the Department of Housing and Community Development to
undertake at least 2 studies, one completed on or before January 1,
2027, and one completed on or before January 1, 2031, on the outcomes
of the act.
This bill would expand the eligibility for the above -described
streamlined, ministerial approval to include developments located in a
campus development zone, as defined, as long as the development meets
certain affordability requirements and objective standards, as provided.
The bill would require the outcomes of projects built under campus
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AB 893 —2—
development zones to be reported in the January 1, 2031, outcomes
report. The bill would also make related findings and declarations.
The California Environmental Quality Act (CEQA) requires a lead
agency, as defined, to prepare, or cause to be prepared, and certify the
completion of, an environmental impact report on a project that it
proposes to carry out or approve that may have a significant effect on
the environment or to adopt a negative declaration if it finds that the
project will not have that effect. CEQA also requires a lead agency to
prepare a mitigated negative declaration for a project that may have a
significant effect on the environment if revisions in the project would
avoid or mitigate that effect and there is no substantial evidence that
the project, as revised, would have a significant effect on the
environment. CEQA does not apply to the approval of ministerial
projects.
By expanding the scope of projects eligible for streamlined, ministerial
approval as described above, this bill would expand the scope of the
exemption from CEQA for ministerial projects.
By changing the criteria local agencies must follow for the approval
of certain development projects, this bill would impose a state -mandated
local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
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. (a) The Legislature finds and declares all of the
2 following:
3 (1) The state is experiencing a widespread student housing crisis,
4 which has been caused by the shortage of housing units on and
5 around university and college campuses.
6 (2) Housing costs represent a significant proportion of the cost
7 of attendance of California's public and private higher education
8 institutions, and the lack of housing for students represents a
9 significant barrier to academic achievement.
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1 (3) Efforts to promote the development of off -campus housing
2 to help address the state's student housing crisis are not intended
3 to supplant planning, financing, and facilitating on -campus housing
4 developments.
5 (b) it is the intent of the Legislature to continue to promote the
6 development of housing units for students and faculty of
7 California's colleges and universities, in order to address the
8 ongoing student housing crisis.
9 SEC. 2. Section 65912.101 of the Government Code is amended
10 to read:
11 65912.101. For purposes of this chapter:
12 (a) "Base units" has the same meaning as "total units" as defined
13 in subparagraph (A) of paragraph (8) of subdivision (o) of Section
14 65915.
15 (h) "Campus development zone" means the set of parcels that
16 are contained either wholly or partially within a one -mile radius
17 of a "main campus," as defined by Section 94849 of the Education
18 Code, of the University of California, the California State
19 University, or the California Community Colleges, or of a private
20 postsecondary educational institution as defined by Section 94858
21 of the Education Code.
22
23 (c) "Commercial corridor" means a street that is not a freeway
24 and that has a right-of-way of at least 70 and not greater than 150
25 feet.
26 {e)
27 (d) "Development proponent" means a developer who submits
28 a housing development project application to a local government
29 under the streamlined, ministerial review process pursuant to this
30 chapter.
31 (e) "Extremely low income faculty or staff" means an employee
32 of the University of California, the California State University, or
33 the California Community Colleges, or a private postsecondary
34 educational institution, as defined by Section 94858 of the
35 Education Code, who satisfies the requirements of Section 50106
36 of the Health and Safety Code.
37 0)
38 69 "Extremely low income households" has the same meaning
39 as defined in Section 50106 of the Health and Safety Code.
40 f O
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AB 893
1 (g) "Freeway" has the same meaning as defined in Section 332
2 of the Vehicle Code, except it does not include the portion of a
3 freeway that is an on ramp or off ramp that serves as a connector
4 between the freeway and other roadways that are not freeways.
5 {9
6 (h) "Health care expenditures" include contributions under
7 Sections 501(c) or (d) or 401(a) of the Internal Revenue Code and
8 payments toward "medical care" as defined under Section 213(d)(1)
9 of the Internal Revenue Code.
10 {gj
l l (i) "Housing development project" has the same meaning as
12 defined in Section 65589.5.
13 {h)
14 6) "Industrial use" means utilities, manufacturing, transportation
15 storage and maintenance facilities, warehousing uses, and any
16 other use that is a source that is subject to permitting by a district,
17 as defined in Section 39025 of the Health and Safety Code,
18 pursuant to Division 26 (commencing with Section 39000) of the
19 Health and Safety Code or the federal Clean Air Act (42 U.S.C.
20 Sec. 7401 et seq.). "Industrial use" does not include any of the
21 following:
22 (1) Power substations or utility conveyances such as power
23 lines, broadband wires, and pipes.
24 (2) A use where the only source permitted by a district is an
25 emergency backup generator.
26 (3) Self -storage for the residents of a building.
27
28 (k) "Local affordable housing requirement" means either of the
29 following:
30 (1) A local government requirement, as a condition of
31 development of residential units, that a housing development
32 project include a certain percentage of units affordable to, and
33 occupied by, extremely low, very low, lower, or moderate -income
34 households as a condition of development of residential units.
35 (2) A local government requirement allowing a housing
36 development project to be a use by right if the project includes a
37 certain percentage of units affordable to, and occupied by,
38 extremely low, very low, lower, or moderate -income households
39 as a condition of development of residential units.
40
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1 (l) "Local government" means a city, including a charter city,
2 a county, including a charter county, or a city and county, including
3 a charter city and county.
4 (m) `Lower income faculty or staff 'means an employee of the
5 University of California, the California State University, or the
6 California Community Colleges, or a private postsecondary
7 educational institution, as defined by Section 94858 of the
8 Education Code, who satisfies the requirements of Section 50079.5
9 of the Health and Safety Code.
10
l l (n) "Lower income households" has the same meaning as
12 defined in Section 50079.5 of the Health and Safety Code.
13 (o) (1) Lower income student" means any of the following:
14 (A) A student who has a household income and asset level that
15 does not exceed either of the following:
16 (i) The level for Cal Grant A or Cal Grant B award recipients
17 as set forth in subdivision (k) of Section 69432.7 of the Education
18 Code.
19 (ii) The level for the California College Promise Grant as set
20 forth in clause (ii) of subparagraph (B) of paragraph (1) of
21 subdivision (g) of Section 76300 of the Education Code.
22 (B) A student who otherwise quakes for the California College
23 Promise Grant as set forth in subparagraph (B) of paragraph (1)
24 of subdivision (g) of Section 76300 of the Education Code.
25 (C) A student who quakes for Federal Pell Grant financial
26 aid pursuant to Section 1070a of Title 20 of the United States Code.
27 (D) A student who quakes for an exemption from paying
28 nonresident tuition pursuant to Section 68130.5 of the Education
29 Code, provided that the student also meets income criteria
30 applicable to the California Dream Act application.
31 (E) A graduate student with income and asset levels that would
32 qualms for one or more of the benefits in subparagraphs (A) to
33 (D), inclusive, as determined by the campus at which the student
34 is enrolled.
35 (2) The eligibility ofa student to occupy a unitfor lower income
36 students under this subdivision shall be verified by an affidavit,
37 award letter, or letter of eligibility demonstrating that the student
38 is eligible for financial aid, including an institutional grant or fee
39 waiver, provided by the institution of higher education in which
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AB 893
1 the student is enrolled, by the Student Aid Commission, or by the
2 federal government.
3 (4)
4 (p) "Major transit stop" has the same meaning as defined in
5 subdivision (b) of Section 21155 of the Public Resources Code.
6 (m)
7 (q) "Minimum efficiency reporting value" or "MERV" means
8 the measurement scale developed by the American Society of
9 Heating, Refrigerating and Air -Conditioning Engineers used to
10 report the effectiveness of air filters.
11
12 (r) "Moderate -income households" means households of persons
13 and families of moderate income, as defined in Section 50093 of
14 the Health and Safety Code.
15 0g)
16 (s) "Multifamily" means a property with five or more housing
17 units for sale or for rent.
18 (5,)
19 (t) "Neighborhood plan" means a specific plan adopted pursuant
20 to Article 8 (commencing with Section 65450) of Chapter 3, an
21 area plan, precise plan, community plan, urban village plan, or
22 master plan. To qualify as a neighborhood plan, the plan must have
23 been adopted by a local government before January 1, 2024, and
24 within 25 years of the date that a development proponent submits
25 an application pursuant to this chapter. A neighborhood plan does
26 not include a community plan or plans where the cumulative area
27 covered by the community plans in the jurisdiction is more than
28 one-half of the area of the jurisdiction.
29 00
30 (u) "Principally permitted use" means a use that, as of January
31 1, 2023, or thereafter, may occupy more than one-third of the
32 square footage of designated use on the site and does not require
33 a conditional use permit, except that parking uses are considered
34 principally permitted whether or not they require a conditional use
35 permit.
36 (r)
37 (v) "Regional mall" means a site that meets all of the following
38 criteria on the date that a development proponent submits an
39 application pursuant to this chapter:
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— 7 — AB 893
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 (s)
8 (w) "Street" has the same meaning as defined in Section 590 of
9 the Vehicle Code, and includes sidewalks, as defined in Section
10 555 of the Vehicle Code.
11 fO
12 (x) "Urban uses" means any current or former residential,
13 commercial, public institutional, public park that is surrounded by
14 other urban uses, parking lot or structure, transit or transportation
15 passenger facility, or retail use, or any combination of those uses.
16 0?
17 (y) "Use by right" means a development project for which both
18 of the following are true:
19 (1) The development project is not subject to a conditional use
20 permit, planned unit development permit, or any other discretionary
21 local government approval, permit, or review process.
22 (2) No aspect of the development project, including any permits
23 required for the development project, is a "project" for purposes
24 of Division 13 (commencing with Section 21000) of the Public
25 Resources Code.
26 (z) "Very low income facultv or staff' means an employee of
27 the University of California, the California State University, or
28 the California Community Colleges, or a private postsecondary
29 educational institution, as defined by Section 94858 of the
30 Education Code, who satisfies the requirements of Section 50105
31 of the Health and Safety Code.
32 {O
33 (aa) "Very low income households" has the same meaning as
34 defined in Section 50105 of the Health and Safety Code.
35
36 (ah) "Very low vehicle travel area" has the same meaning as
37 defined in subdivision (h) of Section 65589.5.
38 SEC. 3. Section 65912.104 of the Government Code is amended
39 to read:
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AB 893
1 65912.104. (a) The department shall undertake at least two
2 studies of the outcomes of this chapter. One study shall be
3 completed on or before January 1, 2027, and one shall be
4 completed on or before January 1, 2031.
5 (b) The studies required by subdivision (a) shall include, but
6 not be limited to, the number of projects built, the number of units
7 built, the jurisdictional and regional location of the housing, the
8 relative wealth and access to resources of the communities in which
9 they are built, the level of affordability, the effect on greenhouse
10 gas emissions, and the creation of construction jobs that pay the
1 1 prevailing wage.
12 (c) (1) The department shall publish a report of the findings of
13 a study required by subdivision (a), post the report on its internet
14 website, and submit the report to the Legislature pursuant to
15 Section 9795.
16 (2) The outcomes of projects built under campus development
17 zones shall he reported in the January 1, 2031, report.
18 SEC. 4. Section 65912.121 of the Government Code is amended
19 to read:
20 65912.121. A development project shall not be subject to the
21 streamlined, ministerial review process provided by Section
22 65912.124 unless the development project is on a site that satisfies
23 all of the following criteria:
24 (a) It is located within a zone where office, retail, or parking
25 are principally permitted use.
26 (b) It is located on a legal parcel, or parcels, that meet either of
27 the following:
28 (1) It is within a city where the city boundaries include some
29 portion of an urbanized area, as designated by the United States
30 Census Bureau.
31 (2) It is in an unincorporated area, and the legal parcel, or
32 parcels, are wholly within the boundaries of an urbanized area, as
33 designated by the United States Census Bureau.
34 (c) T4te-lt satisfies either of the following criteria:
35 (1) The project site abuts a commercial corridor and has a
36 frontage along the commercial corridor of a minimum of 50 feet.
37 (2) The site is in a campus development zone.
38 (d) The site is not greater than 20 acres, unless the site is a
39 regional mall, in which case the site is not greater than 100 acres.
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1 (e) At least 75 percent of the perimeter of the site adjoins parcels
2 that are developed with urban uses. For purposes of this
3 subdivision, parcels that are only separated by a street, pedestrian
4 path, or bicycle path shall be considered to be adjoined.
5 (f) (1) it is not on a site or adjoined to any site where more than
6 one-third of the square footage on the site is dedicated to industrial
7 use.
8 (2) For purposes of this subdivision, parcels only separated by
9 a street shall be considered to be adjoined.
10 (3) For purposes of this subdivision, "dedicated to industrial
1 1 use" means any of the following:
12 (A) The square footage is currently being used as an industrial
13 use.
14 (B) The most recently permitted use of the square footage is an
15 industrial use, and the site has been occupied within the past three
16 years.
17 (C) The site was designated for industrial use in the latest
18 version of a local government's general plan adopted before
19 January 1, 2022, and residential uses are not principally permitted
20 on the site.
21 (g) it satisfies the requirements specified in paragraph (6) of
22 subdivision (a) of Section 65913.4, exclusive of clause (iv) of
23 subparagraph (A) of paragraph (6) of subdivision (a) of Section
24 65913.4.
25 (h) The development is not located on a site where any of the
26 following apply:
27 (1) The development would require the demolition of the
28 following types of housing:
29 (A) Housing that is subject to a recorded covenant, ordinance,
30 or law that restricts rents to levels affordable to persons and
31 families of moderate, low, or very low income.
32 (B) Housing that is subject to any form of rent or price control
33 through a public entity's valid exercise of its police power.
34 (C) Housing that has been occupied by tenants within the past
35 10 years, excluding any manager's units.
36 (2) The site was previously used for permanent housing that
37 was occupied by tenants, excluding any manager's units, that was
38 demolished within 10 years before the development proponent
39 submits an application under this article.
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AB 893
1 (3) The development would require the demolition of a historic
2 structure that was placed on a national, state, or local historic
3 regi ster.
4 (4) The property contains one to four dwelling units.
5 (5) The property is vacant and zoned for housing but not for
6 multifamily residential use.
7 (6) The existing parcel of land or site is governed under the
8 Mobilehome Residency Law (Chapter 2.5 (commencing with
9 Section 798) of Title 2 of Part 2 of Division 2 of the Civil Code),
10 the Recreational Vehicle Park Occupancy Law (Chapter 2.6
11 (commencing with Section 799.20) of Title 2 of Part 2 of Division
12 2 of the Civil Code), the Mobilehome Parks Act (Part 2.1
13 (commencing with Section 18200) of Division 13 of the Health
14 and Safety Code), or the Special Occupancy Parks Act (Part 2.3
15 (commencing with Section 18860) of Division 13 of the Health
16 and Safety Code).
17 (i) For a site within a neighborhood plan area, the neighborhood
18 plan applicable to the site permitted multifamily housing
19 development on the site.
20 0) For a vacant site, the site satisfies both of the following:
21 (1) it does not contain tribal cultural resources, as defined by
22 Section 21074 of the Public Resources Code, that could be affected
23 by the development that were found pursuant to a consultation as
24 described by Section 21080.3.1 of the Public Resources Code and
25 the effects of which cannot be mitigated pursuant to the process
26 described in Section 21080.3.2 of the Public Resources Code.
27 (2) it is not within a very high fire hazard severity zone, as
28 indicated on maps adopted by the Department of Forestry and Fire
29 Protection pursuant to Section 4202 of the Public Resources Code
30 or as designated pursuant to subdivisions (a) and (b) of Section
31 51179.
32 SEC. 5. Section 65912.122 of the Government Code is amended
33 to read:
34 65912.122. A development project shall not be subject to the
35 streamlined, ministerial review process provided by Section
36 65912.124 unless the new housing units created by the development
37 project meet all of the following affordability criteria:
38 (a) (1) A -Except as provided in paragraph (2), a rental housing
39 development shall include either of the following:
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(A) Eight percent of the base units for very low income
households and 5 percent of the units for extremely low income
households.
(B) Fifteen percent of the base units for lower income
households.
(2) Notwithstanding paragraph (1), a rental housing
development in a campus development zone shall include either
of the following:
(A) (i) Both of the following:
(I) Five percent of the base units for extremely low income
households, extremely low income faculty or staff, or students
experiencing homelessness.
(II) Eight percent of the base units for very low income
households, very low income faculty or staff, or students
experiencing homelessness.
(ii) For the purposes of this subparagraph, a homeless services
provider, as defined in paragraph (3) of subdivision (e) of Section
103577 of the Health and Safety Code, or institution of higher
education that has knowledge of a person's homelessness status
may verify a person's status as homeless.
(B) Fifteen percent of the base units for lower income
households, lower income students, or lower income faculty or
staff
(3) The development proponent shall agree to, and the local
government shall ensure, the continued affordability of all
affordable rental units included pursuant to this subdivision for 55
years. Rents shall be set at an affordable rent, as defined in Section
50053 of the Health and Safety Code.
(b) (1) Except as provided in paragraph (2), an
owner -occupied housing development shall include either of the
following:
(A) Thirty percent of the base units must be offered at an
affordable housing cost, as defined in Section 50052.5 of the Health
and Safety Code, to moderate -income households.
(B) Fifteen percent of the base units must be offered at an
affordable housing cost, as defined in Section 50052.5 of the Health
and Safety Code, to lower income households.
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AB 893 —12 —
1 (2) Notwithstandingparagraph (]),an owner -occupied housing
2 development in a campus development zone shall include either
3 of the following:
4 (A) Thirty percent of the base units must be offered at an
5 affordable housing cost, as defined in Section 50052.5 of the Health
6 and Safety Code, to moderate -income households.
7 (B) Fifteen percent of the base units must be offered at an
8 affordable housing cost, as defined in Section 50052.5 of the Health
9 and Safety Code, to lower income households, lower income
10 students, or lower income faculty or staff
11 {�
12 (3) The development proponent shall agree to, and the local
13 government shall ensure, the continued affordability of all
14 affordable ownership units for a period of 45 years.
15 (c) If the local government has a local affordable housing
16 requirement, the housing development project shall comply with
17 all of the following:
18 (1) The development project shall include the percentage of
19 affordable units required by this section or the local requirement,
20 whichever is higher.
21 (2) The development project shall meet the affordability level
22 of a local affordable housing requirement if it is a deeper
23 affordability level than required by this section.
24 (3) If the local affordable housing requirement requires greater
25 than 15 percent of the units to be dedicated for lower income
26 households and does not require the inclusion of units affordable
27 to very low and extremely low income households, then the rental
28 housing development shall do both of the following:
29 (A) Include 8 percent of the units for very low income
30 households and 5 percent of the units for extremely low income
31 households.
32 (B) Fifteen percent of units affordable to lower income
33 households shall be subtracted from the percentage of units
34 required by the local policy at the highest required affordability
35 level.
36 (d) Affordable units in the development project shall have the
37 same bedroom and bathroom count ratio as the market rate units,
38 be equitably distributed within the project, and have the same type
39 or quality of appliances, fixtures, and finishes.
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1 SEC. 6. Section 65912.123 of the Government Code is amended
2 to read:
3 65912.123. A development project shall not be subject to the
4 streamlined, ministerial review process provided by Section
5 65912.124 unless the development project meets all of the
6 following objective development standards:
7 (a) The development shall be a multifamily housing development
8 project.
9 (b) The residential density for the development, prior to the
10 award of any eligible density bonus pursuant to Section 65915,
11 shall be determined as follows:
12 (1) In a metropolitan jurisdiction, as determined pursuant to
13 subdivisions (d) and (e) of Section 65583.2, the allowable
14 residential density for the development shall be the greater of the
15 following:
16 (A) The maximum allowable residential density, as defined in
17 paragraph (6) of subdivision (o) of Section 65915, allowed on the
18 parcel by the local government.
19 (B) For sites of less than one acre in size, 30 units per acre.
20 (C) For sites of one acre in size or greater located on a
21 commercial corridor of less than 100 feet in width, 40 units per
22 acre.
23 (D) For sites of one acre in size or greater located on a
24 commercial corridor of 100 feet in width or greater, 60 units per
25 acre.
26 (E) Notwithstanding subparagraph (B), (C), or (D), for sites
27 within a very low vehicle traveler area, within one-half mile
28 of a major transit stop, or within a cafnpus development zone, 80
29 units per acre.
30 (2) In a jurisdiction that is not a metropolitan jurisdiction, as
31 determined pursuant to subdivisions (d) and (e) of Section 65583.2,
32 the allowable residential density for the development shall be the
33 greater of the following:
34 (A) The maximum allowable residential density, as defined in
35 paragraph (6) of subdivision (o) of Section 65915, allowed on the
36 parcel by the local government.
37 (B) For sites of less than one acre in size, 20 units per acre.
38 (C) For sites of one acre in size or greater located on a
39 commercial corridor of less than 100 feet in width, 30 units per
40 acre.
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AB 893
1 (D) For sites of one acre in size or greater located on a
2 commercial corridor of 100 feet in width or greater, 50 units per
3 acre.
4 (E) Notwithstanding subparagraph (B), (C), or (D), for sites
5 within a very low vehicle traveler area, within one-half mile
6 of a major transit stop, or within a campus development zone, 70
7 units per acre.
8 (3) (A) For a housing development project application that has
9 been determined to be consistent with the objective planning
10 standards specified in this article, pursuant to subdivision (a) of
11 Section 65912.124, before January 1, 2027, the development
12 project shall be developed at a density as follows:
13 (1) Except as provided in clause (ii), 50 percent or greater of the
14 applicable allowable residential density contained in subparagraphs
15 (B) to (E), inclusive, of paragraph (1) or subparagraphs (B) to (E),
16 inclusive, of paragraph (2), as applicable.
17 (ii) For a site within one-half mile of an existing passenger rail
18 or bus rapid transit station, 75 percent or greater of the applicable
19 allowable residential density contained in subparagraphs (B) to
20 (E), inclusive, of paragraph (1) or subparagraphs (B) to (E),
21 inclusive, of paragraph (2), as applicable.
22 (iii) For a site within a campus development zone, 75 percent
23 or greater of the applicable allowable residential density contained
24 in subparagraph (E) of paragraph (2).
25 (B) For a housing development prof ect application that has been
26 determined to be consistent with the objective planning standards
27 specified in this article, pursuant to subdivision (a) of Section
28 65912.124, on or after January 1, 2027, the development project
29 shall be developed at a density that is 75 percent or greater of the
30 applicable allowable residential density contained in subparagraphs
31 (B) to (E), inclusive, of paragraph (1) or subparagraphs (B) to (E),
32 inclusive, of paragraph (2), as applicable.
33 (4) Notwithstanding paragraphs (1) and (2), a development
34 project shall not be subject to any density limitation if the
35 development project is a conversion of existing buildings into
36 residential use, unless the development project includes additional
37 new square footage that is more than 20 percent of the overall
38 square footage of the project.
39 (c) The height limit applicable to the housing development shall
40 be the greater of the following:
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1 (1) The height allowed on the parcel by the local government.
2 (2) For sites on a commercial corridor of less than 100 feet in
3 width, 35 feet.
4 (3) For sites on a commercial corridor of 100 feet in width or
5 greater, 45 feet.
6 (4) Notwithstanding paragraphs (2) and (3), 65 feet for sites
7 that meet all of the following criteria:
8 (A) They are within one-half mile of a major transit stop.
9 (B) They are within a city with a population of greater than
10 100,000.
1 1 (C) They are not within a coastal zone, as defined in Division
12 20 (commencing with Section 30000) of the Public Resources
13 Code.
14 (5) For sites in a campus development zone, 65 feet.
15 (d) The property meets the following standards:
16 (1) For the portion of the property that fronts a commercial
17 eon-idor-, corridor or for a property in a campus development zone,
18 the following shall occur:
19 (A) No setbacks shall be required.
20 (B) All parking must be set back at least 25 feet.
21 (C) On the ground floor, a building or buildings must abut within
22 10 feet of the street for at least 80 percent of the frontage.
23 (2) For the portion of the property that abuts an adjoining
24 property that also abuts the same commercial corridor as the
25 property, no setbacks are required unless the adjoining property
26 contains a residential use that was constructed prior to the
27 enactment of this chapter, in which case the requirements of
28 subparagraph (A) of paragraph (3) apply.
29 (3) For the portion of the property line that does not abut or lie
30 within a commercial corridor, or an adjoining property that also
31 abuts the same commercial corridor as the property, the following
32 shall occur:
33 (A) Along property lines that abut a property that contains a
34 residential use, the following shall occur:
35 (i) The ground floor of the development project shall beset back
36 at 10 feet. The amount required to be set back may be decreased
37 by the local government.
38 (ii) Starting with the second floor of the property, each
39 subsequent floor of the development project shall be stepped back
40 in an amount equal to seven feet multiplied by the floor number.
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AB 893
1 For purposes of this paragraph, the ground floor counts as the first
2 floor. The amount required to be stepped back may be decreased
3 by the local government.
4 (B) Along property lines that abut a property that does not
5 contain a residential use, the development shall be setback 15 feet.
6 The amount required to be stepped back may be decreased by the
7 local government.
8 (4) For a development project at a regional mall, all of the
9 following requirements apply:
10 (A) The average size of a block shall not exceed three acres.
1 1 For purposes of this subparagraph, a "block" means an area fully
12 surrounded by streets, pedestrian paths, or a combination of streets
13 and pedestrian paths that are each at least 40 feet in width.
14 (B) At least 5 percent of the site shall be dedicated to open
15 space.
16 (C) For the portion of the property that fronts a street that is
17 newly created by the project and is not a commercial corridor, a
18 building shall abut within 10 feet of the street for at least 60 percent
19 of the frontage.
20 (e) No parking shall be required, including replacement parking,
21 except that this article shall not reduce, eliminate, or preclude the
22 enforcement of any requirement imposed on a new multifamily
23 residential or nonresidential development to provide bicycle
24 parking, electric vehicle supply equipment installed parking spaces,
25 or parking spaces that are accessible to persons with disabilities
26 that would have otherwise applied to the development if this article
27 did not apply.
28 (f) For any housing on the site located within 500 feet of a
29 freeway, all of the following shall apply:
30 (1) The building shall have a centralized heating, ventilation,
31 and air-conditioning system.
32 (2) The outdoor air intakes for the heating, ventilation, and
33 air-conditioning system shall face away from the freeway.
34 (3) The building shall provide air filtration media for outside
35 and return air that provide a minimum efficiency reporting value
36 of 16.
37 (4) The air filtration media shall be replaced at the
38 manufacturer's designated interval.
39 (5) The building shall not have any balconies facing the freeway.
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1 (g) None of the housing on the site is located within 3,200 feet
2 of a facility that actively extracts or refines oil or natural gas.
3 (h) (1) The development proponent shall provide written notice
4 of the pending application to each commercial tenant on the parcel
5 when the application is submitted.
6 (2) The development proponent shall provide relocation
7 assistance to each eligible commercial tenant located on the site
8 as follows:
9 (A) For a commercial tenant operating on the site for at least
10 one year but less than five years, the relocation assistance shall be
1 1 equivalent to six months' rent.
12 (B) For a commercial tenant operating on the site for at least 5
13 years but less than 10 years, the relocation assistance shall be
14 equivalent to nine months' rent.
15 (C) For a commercial tenant operating on the site for at least
16 10 years but less than 15 years, the relocation assistance shall be
17 equivalent to 12 months' rent.
18 (D) For a commercial tenant operating on the site for at least
19 15 years but less than 20 years, the relocation assistance shall be
20 equivalent to 15 months' rent.
21 (E) For a commercial tenant operating on the site for at least 20
22 years, the relocation assistance shall be equivalent to 18 months'
23 rent.
24 (3) The relocation assistance shall be provided to an eligible
25 commercial tenant upon expiration of the lease of that commercial
26 tenant.
27 (4) For purposes of this subdivision, a commercial tenant is
28 eligible for relocation assistance if the commercial tenant meets
29 all of the following criteria:
30 (A) The commercial tenant is an independently owned and
31 operated business with its principal office located in the county in
32 which the property on the site that is leased by the commercial
33 tenant is located.
34 (B) The commercial tenant's lease expired and was not renewed
35 by the property owner.
36 (C) The commercial tenant's lease expired within the three years
37 following the development proponent's submission of the
38 application for a housing development pursuant to this article.
39 (D) The commercial tenant employs 20 or fewer employees and
40 has annual average gross receipts under one million dollars
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AB 893
1 ($1,000,000) for the three -taxable -year period ending with the
2 taxable year that precedes the expiration of their lease.
3 (E) The commercial tenant is still in operation on the site at the
4 time of the expiration of its lease.
5 (5) Notwithstanding paragraph (4), for purposes of this
6 subdivision, a commercial tenant is ineligible for relocation
7 assistance if the commercial tenant meets both of the following
8 criteria:
9 (A) The commercial tenant entered into a lease on the site after
10 the development proponent's submission of the application for a
1 1 housing development pursuant to this article.
12 (B) The commercial tenant had not previously entered into a
13 lease on the site.
14 (6) (A) The commercial tenant shall utilize the funds provided
15 by the development proponent to relocate the business or for costs
16 of a new business.
17 (B) Notwithstanding paragraph (2), if the commercial tenant
18 elects not to use the funds provided as required by subparagraph
19 (A), the development proponent shall provide only assistance equal
20 to three months' rent, regardless of the duration of the commercial
21 tenant's lease.
22 (7) For purposes of this subdivision, monthly rent is equal to
23 one -twelfth of the total amount of rent paid by the commercial
24 tenant in the last 12 months.
25 (1) For any project that is the conversion of an existing building
26 for nonresidential use building to residential use, the local
27 government shall not require the provision of common open space
28 beyond what is required for the existing project site.
29 0) Objective zoning standards, objective subdivision standards,
30 and objective design review standards not specified elsewhere in
31 this section, as follows:
32 (1) The applicable objective standards shall be those for the
33 closest zone in the city, county, or city and county that allows
34 multifamily residential use at the residential density proposed by
35 the project. If no zone exists that allows the residential density
36 proposed by the project, the applicable objective standards shall
37 be those for the zone that allows the greatest density within the
38 city, county, or city and county.
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-19 — AB 893
1 (2) The applicable objective standards shall be those in effect
2 at the time that the development application is submitted to the
3 local government pursuant to this article.
4 (3) The objective standards shall not preclude a development
5 from being built at the residential density required pursuant to
6 subdivision (b) and shall not require the development to reduce
7 unit size to meet the objective standards.
8 (4) The applicable objective standards may include a
9 requirement that up to one-half of the ground floor of the housing
10 development project be dedicated to retail use.
11 (5) For purposes of this section, "objective zoning standards,"
12 "objective subdivision standards," and "objective design review
13 standards" mean standards that involve no personal or subjective
14 judgment by a public official and are uniformly verifiable by
15 reference to an external and uniform benchmark or criterion
16 available and knowable by both the development applicant or
17 proponent and the public official before submittal. These standards
18 may be embodied in alternative objective land use specifications
19 adopted by a city or county, and may include, but are not limited
20 to, housing overlay zones, specific plans, inclusionary zoning
21 ordinances, and density bonus ordinances. in the event that
22 objective zoning, general plan, subdivision, or design review
23 standards are mutually inconsistent, a development shall be deemed
24 consistent with the objective zoning and subdivision standards
25 pursuant to this subdivision if the development is consistent with
26 the standards set forth in the general plan.
27 SEC. 7. No reimbursement is required by this act pursuant to
28 Section 6 of Article XIiIB of the California Constitution because
29 a local agency or school district has the authority to levy service
30 charges, fees, or assessments sufficient to pay for the program or
31 level of service mandated by this act, within the meaning of Section
32 17556 of the Government Code.
x
99
r io
I`A CLAI IT , CALIFORNIA
Legislative Committee March 21, 2025
Assembly Bill 1154 — Land Use: Accessory Dwelling Units -
Junior Accessory Dwelling Units
Recommendation
The City Council oppose Assembly Bill 1154.
Summary
Introduced by Assembly Member Juan Carrillo (D-39-Palmdale), Assembly Bill 1154 prohibits cities
and counties from imposing any parking standards for the construction of an Accessory Dwelling Unit
(ADU), if the unit is 500 square feet or smaller.
Background
Under current state law, local governments are prohibited from requiring the replacement of a garage,
carport, or covered parking structure when it is demolished in conjunction with the construction of or
conversion to an ADU on a single-family or multi -family housing property.
Recently, the legislature has passed legislation to preempt parking standards on housing projects that
are close in proximity to transit stops or high -quality transit corridors. Assembly 1154 seeks to extend
state law to preempt local governments from imposing parking standards for the construction of an
ADU that is 500 square feet or smaller, also known as a Junior ADU, regardless of its proximity to
public transit.
Local governments have the authority to adopt minimum parking standards and impose those standards
on single-family and multi -family residential developments built within their jurisdiction, as long as
they are consistent with state law standards. Chapter 17.42, Residential Use Types, of the City of Santa
Clarita's (City) Municipal Code, includes the following parking standards:
a. Single-family units — two enclosed parking spaces per unit
b. Two-family units — two enclosed parking spaces per unit
c. Studio units — one enclosed parking space per unit
d. One -bedroom units — two enclosed parking spaces per unit
e. Two -bedroom units — two enclosed parking spaces per unit
f. Guest parking — one parking space per each two units
g. Mobile home park — two spaces per unit, plus one guest per two units
In addition to the City's minimum parking standards on new developments, the City reserves the
authority to require additional parking as a condition of approval on renovations, remodels, or
additions to an existing single-family residence.
The City imposes minimum on -site parking requirements to ensure adequate and reasonable access to
homes. Additionally, the standards serve as a safeguard to prevent congestion of on -street vehicle
parking that may cause unsafe conditions for surrounding residents and businesses and access
challenges for emergency personnel, especially in the event of an emergency evacuation.
The City Council opposed similar bills in the past, including most recently opposing Senate Bill 1211
(Chapter 296, Statutes of 2024) last year.
Additionally, the recommendation to oppose Assembly Bill 1154 is consistent with the City of Santa
Clarita 2025 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
Unknown at this time.
Opponents
Unknown at this time.
Bill Status
Assembly Bill 1154 is scheduled to be heard in the Assembly Committee on Housing and Community
Development on March 26, 2025.
2
CALIFORNIA LEGISLATURE-2025-26 REGULAR SESSION
ASSEMBLY BILL No. 1154
Introduced by Assembly Member Carrillo
February 20, 2025
An act to amend Sections 66322 and 66333 of the Government Code,
relating to land use.
LEGISLATIVE COUNSEL'S DIGEST
AB 1 154, as introduced, Carrillo. Accessory dwelling units: junior
accessory dwelling units.
The Planning and Zoning Law, among other things, provides for the
creation of accessory dwelling units by local ordinance, or, if a local
agency has not adopted an ordinance, by ministerial approval, in
accordance with specified standards and conditions. Existing law
prohibits a local agency from imposing parking standards for an
accessory dwelling unit under certain circumstances, whether or not
the local agency has adopted a local ordinance pursuant to the above
provisions. Under existing law, those circumstances include, among
others, if the accessory dwelling unit is located within %Z of one mile
walking distance of public transit or there is a car share vehicle located
within one block of the accessory dwelling unit.
This bill would additionally prohibit a local agency from imposing
any parking standards if the accessory dwelling unit is 500 square feet
or smaller.
Existing law also provides for the creation of junior accessory
dwelling units by local ordinance, or, if a local agency has not adopted
an ordinance, by ministerial approval, in accordance with specified
standards and conditions. Existing law requires an ordinance that
provides for the creation of a junior accessory dwelling unit to, among
99
AB 1154 —2—
other things, require owner -occupancy in the single-family residence
in which the junior accessory dwelling unit is permitted.
Under this bill, that owner -occupancy requirement would apply only
ifthe junior accessory dwelling unit has shared sanitation facilities with
the existing structure. The bill would require an ordinance that provides
for the creation of a junior accessory dwelling unit to require that a
rental of a junior accessory dwelling unit be for a term longer than 30
days.
By imposing new duties on local governments with respect to the
approval of accessory dwelling units and junior accessory dwelling
units, the bill would impose a state -mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. Section 66322 of the Government Code is
2 amended to read:
3 66322. Notwithstanding any other law, and whether or not the
4 local agency has adopted an ordinance governing accessory
5 dwelling units in accordance with Section 66314, all of the
6 following shall apply:
7 (a) A local agency shall not impose any parking standards for
8 an accessory dwelling unit in any of the following instances:
9 (1) "tee -The accessory dwelling unit is located within
10 one-half of one mile walking distance of public transit.
11 (2) "tee The accessory dwelling unit is located within an
12 architecturally and historically significant historic district.
13 (3) NV`liere the The accessory dwelling unit is part of the
14 proposed or existing primary residence or an accessory structure.
15 (4) )A4teti on str ` On -street parking permits are required but
16 not offered to the occupant of the accessory dwelling unit.
17 (5) "tee There is a car share vehicle located within one
18 block of the accessory dwelling unit.
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-3— AB 1154
1 (6) "A permit application for an accessory dwelling unit
2 is submitted with a permit application to create a new single-family
3 dwelling or a new multifamily dwelling on the same lot, provided
4 that the accessory dwelling unit or the parcel satisfies any other
5 criteria listed in this subdivision.
6 (7) The accessory dwelling unit is 500 square feet or smaller
7 (b) The local agency shall not deny an application for a permit
8 to create an accessory dwelling unit due to the correction of
9 nonconforming zoning conditions, building code violations, or
10 unpermitted structures that do not present a threat to public health
1 1 and safety and are not affected by the construction of the accessory
12 dwelling unit.
13 SEC. 2. Section 66333 of the Government Code is amended
14 to read:
15 66333. Notwithstanding Article 2 (commencing with Section
16 66314), a local agency may, by ordinance, provide for the creation
17 of junior accessory dwelling units in single-family residential
18 zones. The ordinance may require a permit to be obtained for the
19 creation of a junior accessory dwelling unit, and shall do all of the
20 following:
21 (a) Limit the number of junior accessory dwelling units to one
22 per residential lot zoned for single-family residences with a
23 single-family residence built, or proposed to be built, on the lot.
24 (b) R if the junior accessory dwelling unit has shared
25 sanitation facilities with the existing structure, require
26 owner -occupancy in the single family residence in which the junior
27 accessory dwelling unit will be permitted. The owner may reside
28 in either the remaining portion of the structure or the newly created
29 junior accessory dwelling unit. Owner -occupancy shall not be
30 required if the junior accessory dwelling unit has separate
31 sanitation facilities, or if the owner is another governmental
32 agency, land trust, or housing organization.
33 (c) Require the recordation of a deed restriction, which shall
34 run with the land, shall be filed with the permitting agency, and
35 shall include both of the following:
36 (1) A prohibition on the sale of the junior accessory dwelling
37 unit separate from the sale of the single-family residence, including
38 a statement that the deed restriction may be enforced against future
39 purchasers.
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AB 1154 —4-
1 (2) A restriction on the size and attributes of the junior accessory
2 dwelling unit that conforms with this article.
3 (d) Require a permitted junior accessory dwelling unit to be
4 constructed within the walls of the proposed or existing
5 single-family residence. For purposes of this subdivision, enclosed
6 uses within the residence, such as attached garages, are considered
7 a part of the proposed or existing single-family residence.
8 (e) (1) Require a permitted junior accessory dwelling unit to
9 include a separate entrance from the main entrance to the proposed
10 or existing single-family residence.
11 (2) If a permitted junior accessory dwelling unit does not include
12 a separate bathroom, the permitted junior accessory dwelling unit
13 shall include a separate entrance from the main entrance to the
14 structure, with an interior entry to the main living area.
15 (f) Require the permitted junior accessory dwelling unit to
16 include an efficiency kitchen, which shall include all of the
17 following:
18 (1) A cooking facility with appliances.
19 (2) A food preparation counter and storage cabinets that are of
20 reasonable size in relation to the size of the junior accessory
21 dwelling unit.
22 (g) Require that a rental of a junior accessory dwelling unit be
23 for a term longer than 30 days.
24 SEC. 3. No reimbursement is required by this act pursuant to
25 Section 6 of Article XIIIB of the California Constitution because
26 a local agency or school district has the authority to levy service
27 charges, fees, or assessments sufficient to pay for the program or
28 level of service mandated by this act, within the meaning of Section
29 17556 of the Government Code.
X
99
A 'IA CLAI IT , CALIFORNIA
Legislative Committee March 21, 2025
Assembly Bill 1206: Single -Family and Multi -Family Housing Units —
Preapproved Plans
Recommendation
The City Council oppose Assembly Bill 1206.
Summary
Introduced by Assembly Member John Harabedian (D-41-Pasadena), Assembly Bill 1206 requires
cities and counties to develop a program for the preapproval of a housing plan by January 1, 2026. The
bill would also require cities and counties to post preapproved plans on the local government's website
and approve or deny a housing project application that utilizes a preapproved plan, or a plan identical
to a plan that was previously approved by the local government, within 30-days.
Background
The City of Santa Clarita (City) currently has policies and standards in reviewing housing projects to
ensure that the use of the project, when considered on the basis of the suitability of the proposed site, is
arranged to ensure the protection of public health, safety, and general welfare. The City's review is
also intended to facilitate the provision of utility services and other public facilities commensurate with
anticipated population and dwelling unit densities, promote the City's historical and natural resources
such as oak trees, river areas, and ridgelines, is in conformity with good zoning practice, and prevent
adverse effects on neighboring property.
In requiring local governments to accept preapproved plans and approve or deny project applications
within 30 days, Assembly Bill 1206 upends the City's ability to maintain due diligence when
reviewing a housing project application and determining the suitability of the project as it relates to the
desired project location. The City, not unlike areas within the author's district, varies in topography
and is predominantly located within California's Very -High Fire Hazard Severity Zone (VHFHSZ). As
the legislation lacks an exemption to areas within a VHFHSZ, Assembly Bill 1206 poses significant
constraints to the City's review in determining project suitability and taking into consideration
topography and potential risk to health and safety in these areas, especially given the recent wildfires
in Altadena and Pacific Palisades.
The recommendation to oppose Assembly Bill 1206 is consistent with the City of Santa Clarita 2025
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
Unknown at this time.
Opponents
Unknown at this time.
Bill Status
Assembly Bill 1206 is scheduled to be heard in the Assembly Committee on Housing and Community
Development on March 26, 2025.
2
CALIFORNIA LEGISLATURE-2025-26 REGULAR SESSION
ASSEMBLY BILL
No. 1206
Introduced by Assembly Member Harabedian
February 21, 2025
An act to add Section 65852.29 to the Government Code, relating to
housing.
LEGISLATIVE COUNSEL'S DIGEST
AB 1206, as introduced, Harabedian. Single-family and multifamily
housing units: preapproved plans.
Existing law, the Planning and Zoning Law, provides for the adoption
and administration of zoning laws, ordinances, rules and regulations
by counties and cities and the implementation of those general plans as
may be in effect in those counties or cities. In that regard, existing law
requires each local agency, by January 1, 2025, to develop a program
for the preapproval of accessory dwelling unit plans.
This bill would require each local agency, by January 1, 2026, to
develop a program for the preapproval of single-family and multifamily
residential housing plans, whereby the local agency accepts
single-family and multifamily plan submissions for preapproval and
approves or denies the preapproval applications, as specified. The bill
would authorize a local agency to charge a fee to an applicant for the
preapproval of a single-family or multifamily residential housing plan,
as specified. The bill would require the local agency to post preapproved
single-family or multifamily residential housing plans and the contact
information of the applicant on the local agency's Internet website. The
bill would require a local agency to either approve or deny an application
for a single-family or multifamily residential housing unit within 30
days that utilizes either a single-family or multifamily residential
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AB 1206 —2—
housing unit plan preapproved within the current triennial California
Building Standards Code rulemaking cycle or a plan that is identical to
a plan used in an application for a single-family or multifamily
residential housing unit approved by the local agency within the current
triennial California Building Standards Code rulemaking cycle. By
imposing new duties on local agencies, the bill would create a
state -mandated local program.
The bill would include findings that changes proposed by this bill
address a matter of statewide concern rather than a municipal affair
and, therefore, apply to all cities, including charter cities.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State -mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. Section 65852.29 is added to the Government
2 Code, to read:
3 65852.29. (a) Each local agency shall, by January 1, 2026,
4 develop a program for the preapproval of single-family and
5 multifamily residential housing plans. The program shall comply
6 with all of the following:
7 (1) The local agency shall accept single-family and multifamily
8 residential housing plan submissions for preapproval.
9 (2) The local agency shall not restrict who may
10 submitsingle-family and multifamily residential housing plan
11 submissions for preapproval.
12 (3) (A) The local agency shall approve or deny the application
13 for preapproval pursuant to the standards established in applicable
14 state and local housing regulations.
15 (B) The local agency may charge the applicant the same
16 permitting fees that the local agency would charge an applicant
17 seeking approval for the same -sized single-family or multifamily
18 residential housing unit in reviewing and approving a preapproved
19 housing plan submission.
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— 3 — AB 1206
1 (4) (A) (1) Single-family and multifamily residential housing
2 plans that are preapproved pursuant to this subdivision shall be
3 posted on the local agency's internet website.
4 (ii) The posting of a preapproved housing plan pursuant to clause
5 (i) shall not be considered an endorsement of the applicant or-
6 approval of the applicant's application for a Single-family or
7 multifamily residential housing unit by the local agency.
8 (B) (1) The local agency shall also post the contact information
9 of the applicant of a preapproved housing plan, as provided by the
10 applicant.
1 1 (ii) The local agency shall not be responsible for the accuracy
12 of the contact information posted pursuant to clause (1).
13 (C) A local agency shall remove a preapproved housing plan
14 from their intemet website within 30 days of receiving a request
15 for removal from the applicant.
16 (5) A local agency may also admit plans that have been
17 developed and preapproved by the local agency for single-family
18 and multifamily residential housing plans into the program.
19 (b) A local agency shall approve or deny an application for a
20 single-family or multifamily residential housing unit ministerially
21 without discretionary review, except that the local agency shall
22 either approve or deny the application within 30 days from the
23 date the local agency receives a completed application, if the
24 application utilizes either of the following:
25 (1) A plan for a single-family or multifamily residential housing
26 unit that has been preapproved by the local agency within the
27 current triennial California Building Standards Code rulemaking
28 cycle.
29 (2) A plan that is identical to a plan used in an application for
30 a single- or multifamily residential housing unit approved by the
31 local agency within the current triennial California Building
32 Standards Code rulemaking cycle.
33 (c) For purposes of this section, "single-family residential
34 housing unit," "multifamily residential housing unit," and "local
35 agency" have the same meaning as those terms are defined in
36 applicable housing regulations.
37 (d) The Legislature finds and declares that the lack of housing
38 is a matter of statewide concern and is not a municipal affair as
39 that term is used in Section 5 of Article XI of the California
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AB 1206
1 Constitution. Therefore, this section applies to all cities, including
2 charter cities.
3 SEC. 2. No reimbursement is required by this act pursuant to
4 Section 6 of Article XIIIB of the California Constitution because
5 a local agency or school district has the authority to levy service
6 charges, fees, or assessments sufficient to pay for the program or
7 level of service mandated by this act, within the meaning of Section
8 17556 of the Government Code.
x
99
Ori' m NIA CLA ITA, CALIFORNIA
Legislative Committee March 21, 2025
Senate Bill 677: Housing Development: Streamlined Approvals
Recommendation
The City Council oppose Senate Bill 677.
Summary
Introduced by Senator Scott Wiener (D-11-San Francisco), Senate Bill 677, among other things,
expands Senate Bill 9 (Chapter 162, Statutes of 2021) by requiring cities and counties to approve the
development of up to two -residential units on any property containing a single-family home or
property zoned for four or less residential units through a streamlined and ministerial review process, if
the project meets specified requirements.
The specified requirements include that the project would not require the demolition or alteration of an
existing home that is under rent or price control or has been occupied in the last three years, unless an
existing structure located on the project property was damaged due to an earthquake or catastrophic
event.
Senate Bill 677 preempts local parking standards by prohibiting cities and counties from requiring
more than one space of off-street parking per unit. The legislation restricts a local government from
imposing any parking requirements if any of the following applies:
a. The parcel is located within one-half mile walking distance of public transit;
b. The parcel is located within an architecturally and historically significant historic
district; or
c. There is a car share vehicle located within one block of the parcel.
Additionally, Senate Bill 677 prohibits cities and counties from denying a project due to the presence
of preexisting nonconforming zoning conditions, building code violations, or unpermitted structures
that do not present a threat to public health and safety and are not affected by the construction of the
unit or units. The legislation also prohibits cities and counties from imposing an impact fee upon an
eligible project when a unit is less than 1,750 square feet.
Background
The City of Santa Clarita (City) currently has policies and standards in place regarding proposed
residential developments related to parking, design standards, zoning, and overall application review.
Typically, housing development projects undergo an extensive review process, including public
hearings, administrative review, and an opportunity for appeal. This allows the City's Planning
Division, Planning Commission (Commission), and the public the ability to review residential projects
and subdivision proposals based on unique community circumstances and needs, and ensures that a site
has adequate access to services and resources to sustain greater density.
Projects under a streamlined ministerial review are not subject to an appeals process, public hearing,
and the California Environmental Quality Act (CEQA) review. If this bill is implemented, the
following standards in the City's Unified Development Code will no longer apply to residential
developments, as prescribed in this legislation:
1. Discretionary Review
a. An application to construct the prescribed duplex development requires a discretionary
review that includes the City's ability to either approve, approve with conditions,
approve with modifications, refer the request to the Commission, or deny the
application for a proposed use, modification, or development based on the following:
i. That the use, development of land, or application of development standards is in
compliance with all applicable provisions of Santa Clarita Unified Development
Code; and
ii. That the use, development of land, or application of development standards,
when considered on the basis of the suitability of the site for the particular use or
development intended, is so arranged as to avoid traffic congestion, insure the
protection of public health, safety, and general welfare, prevent adverse effects
on neighboring property and is in conformity with good zoning practice.
2. Zoning
a. Specific zoning is reserved in the City to achieve the following purposes:
i. To reserve appropriate areas for the continuation of residential living at specific
dwelling unit densities, consistent with the Santa Clarita General Plan and with
sound standards to preserve public health, safety, and welfare.
ii. To minimize traffic congestion and to avoid the overloading of public services
and utilities by preventing the construction of buildings of excessive bulk or
number in relation to the land area around them.
2
iii. To facilitate the provision of utility services and other public facilities
commensurate with anticipated population, dwelling unit densities and service
requirements.
iv. To promote high standards for site planning, architecture and landscape design
for development within the City while preserving the City's historical and
natural resources such as oak trees, river areas and ridgelines.
3. City's Parking Standards
a. Studio units — one enclosed parking space per unit
b. One bedroom units — two enclosed parking spaces per unit
c. Two bedroom units — two enclosed parking spaces per unit
d. Guest parking — one parking space per each two units
The City Council opposed a similar bill, Senate Bill 9 (Atkins) at the February 23, 2021, Regular City
Council Meeting.
The recommendation to oppose Senate Bill 677 is consistent with the City of Santa Clarita 2025
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
Unknown at this time.
Opponents
Unknown at this time.
Bill Status
Senate Bill 677 was introduced on February 21, 2025, and is pending a committee hearing in the
Senate Housing Committee.
3
SENATE BILL
No. 677
Introduced by Senator Wiener
(Coauthor: Assembly Member Wicks)
February 21, 2025
An act to amend Section 4751 of the Civil Code, to amend Sections
65852.21, 65913.4, and 66411.7 of the Government Code, and to amend
Section 30500.1 of the Public Resources Code, relating to land use.
LEGISLATIVE COUNSEL'S DIGEST
SB 677, as introduced, Wiener. Housing development: streamlined
approvals.
(1) Existing law, the Planning and Zoning Law, requires a proposed
housing development containing no more than 2 residential units within
a single-family residential zone to be considered ministerially, without
discretionary review or hearing, if the proposed housing development
meets certain requirements.
This bill would require ministerial approval for proposed housing
developments containing no more than 2 residential units on any lot
hosting a single-family home or zoned for 4 or fewer residential units,
notwithstanding any covenant, condition, or restriction imposed by a
common interest development association.
Existing law prohibits ministerial approval for proposed housing
developments that would require the demolition or alteration of housing
that, among other things, has been occupied by a tenant in the last three
years.
This bill would provide an exception to that prohibition for housing
located in a county subject to a state of emergency declaration, as
specified. The bill would also provide an exemption to the prohibition
if a structure on the development site that includes at least one housing
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SB 677 — 2 —
unit was involuntarily damaged or destroyed by an earthquake, other
catastrophic event, or the public enemy.
Existing law authorizes a local agency to impose objective zoning
standards, objective subdivision standards, and objective design review
standards on the proposed housing development, except as specified,
including that (1) the imposed standards may not have the effect of
physically precluding a unit from being at least 800 square feet in floor
area, (2) a local agency's authority to impose, among other things,
setbacks, is restricted, and (3) the local agency is prohibited from
imposing standards that do not apply uniformly to development within
the underlying zone.
This bill would revise and recast those provisions to, among other
things, as to the exceptions specified above, raise the minimum size of
a unit to 1,750 net habitable square feet, revise a local agency's authority
to impose setbacks, and, in addition to objective standards, prohibit a
local agency from imposing permitting requirements that do not apply
uniformly to development within the underlying zone, except as
specified. The bill would prohibit a local agency from imposing a
low-income deed restriction or covenant that restricts rents, as specified.
The bill would prohibit local agencies from using or imposing any
standards other than those provided by its provisions.
Existing law authorizes a local agency to adopt an ordinance to
implement these provisions.
This bill would require a local agency that has adopted an ordinance
to submit a copy of that ordinance to the Department of Housing and
Community Development within 60 days after adoption, as specified.
The bill would authorize the department to review the ordinance and
submit written findings to the local agency as to whether the ordinance
is in compliance with these provisions. Should the department conclude
an ordinance is not in compliance, the bill would establish a process
for the department to notify the local agency and the local agency to
amend the ordinance or adopt the ordinance without changes, as
provided. The bill would require the local agency to include the
ordinance with the annual housing element report.
The bill would prohibit a local agency from denying a proposed
housing development due to the presence of preexisting issues under
specified conditions, including that the issues do not present a threat to
public health and safety.
The bill would also require a local agency to provide applicants with
a single application for a housing development that falls under these
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provisions and also involves an urban lot split to review both
applications concurrently.
This bill would prohibit the imposition of an impact fee, as defined,
upon a proposed housing development that is less than 1,750 square
feet and require any impact fees imposed on proposed developments
of 1,750 square feet or greater to be charged proportionately.
(2) The Planning and Zoning Law authorizes a development
proponent to submit an application for a multifamily housing
development that is subject to a streamlined, ministerial approval
process, as provided, and not subject to a conditional use permit, if the
development satisfies specified objective planning standards. These
standards include that, among other things, the development is subject
to a requirement mandating a minimum percentage of below market
rate housing because the locality's latest production report reflects there
were fewer units of affordable housing issued building permits than
required for the regional housing needs assessment cycle for that period
and the project seeking approval dedicates 50 percent of the units to
affordable housing, as specified. The standards include that the
development is not located on a site that meets specified environmental
criteria. The standards also include that the development is not located
on a site that would require the demolition of specified types housing,
including, among others, a historic structure that was placed on a
national, state, or local historic register.
The bill would revise the first planning standard so that it would be
met if a development meets the above -described criteria and dedicates
20 percent of the units to affordable housing, as specified. The bill
would revise the second planning standard so that it would be met if a
development is not located within a site that meets specified criteria.
The bill would revise the third planning standard to instead include a
development is not located on a site that would require the demolition
of a property individually listed on the National Register of Historic
Places or the California Register of Historical Resources historic or of
a contributing structure located within a historic district included on
the National Register of Historic Places or the California Register of
Historical Resources. The bill would also exempt a proposed housing
development from restrictions on demolition if a structure on the
development site that includes at least one housing unit was involuntarily
damaged or destroyed by an earthquake, other catastrophic event, or
the public enemy.
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SB 677
Existing law provides that a development is consistent with the
objective planning standards in these provisions if there is substantial
evidence that would allow a reasonable person to conclude that the
development is consistent and prohibits a local government from
determining a development is in conflict on a specified basis, as
provided.
This bill would require the local government to bear the burden of
proof in any evaluation of a development related to compliance with
objective planning standards related to specified environmental criteria,
as provided. The bill would require a local government to demonstrate,
with a preponderance of the evidence, that the development does not
comply with the applicable environmental criteria established under
state or federal law, as provided.
Existing law defines a "reporting period" as either the first or last half
of the regional housing needs assessment cycle.
This bill would require the reporting period to instead include each
quarter of the regional housing needs assessment cycle.
(3) The Subdivision Map Act vests the authority to regulate and
control the design and improvement of subdivisions in the legislative
body of a local agency and sets forth procedures governing the local
agency's processing, approval, conditional approval or disapproval,
and filing of tentative, final, and parcel maps, and the modification of
those maps. Existing law requires a local agency to ministerially approve
a parcel map for an urban lot split that meets certain requirements,
including that one parcel is not smaller than 40% of the lot area of the
original parcel and the owner of the parcel being subdivided has not
previously subdivided an adjacent parcel using an urban lot split, as
provided.
This bill would remove the requirement that one parcel of a split lot
be no smaller than 40% of the lot area of the original parcel and would
exempt both newly created lots from following certain additional
requirements, as specified. The bill would also remove the prohibition
against owners who have previously subdivided an adjacent parcel using
an urban lot split.
Existing law prohibits ministerial approval for a proposed urban lot
split that would require the demolition or alteration of housing that,
among other things, has been occupied by a tenant in the last three
years.
The bill would exempt a lot split from restrictions on demolition if a
structure on the development site that includes at least one housing unit
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— 5 — SR 677
was involuntarily damaged or destroyed by an earthquake, other
catastrophic event, or the public enemy.
Existing law authorizes a local agency, except as provided, to impose
objective zoning standards, objective subdivision standards, and
objective design review standards related to the design or improvements
of a parcel subject to an urban lot split, including that the imposed
standards may not have the effect of physically precluding a unit being
constructed on either of the resulting parcels from being at least 800
square feet. Existing law allows a local agency to require specified
conditions when considering an application for a parcel map for an
urban lot split, including access requirements.
This bill would revise and recast those provisions to, among other
things, prohibit a local agency from imposing standards that would have
the effect of physically precluding an urban lot split from occurring or
a unit being constructed on either of the resulting parcels from being
at least 1,750 net habitable square feet. The bill would also revise and
recast the restrictions on a local agency's authority to impose a setback,
as provided. The bill would prohibit a local agency from imposing a
driveway requirement width requirement, as provided.
This bill would specify that a local agency's access requirement may
not physically preclude the lot split from occurring if another access
method would facilitate the lot split.
The bill would require a local agency to provide applicants with a
single application for an urban lot split that falls under these provisions
and also includes a proposed housing development that falls under the
provisions discussed above to review both applications concurrently.
Under existing law, a local agency must require an applicant for an
urban lot split to sign an affidavit stating that the applicant intends to
occupy one of the housing units as their principal residence, as specified.
This bill would remove the requirement that an applicant sign an
affidavit stating that the applicant intends to occupy one of the housing
units as their principal residence and prohibit a local agency from using
or imposing any additional standards, except as specified.
Existing law authorizes a local agency to adopt an ordinance to
implement these provisions.
This bill would require a local agency that has adopted an ordinance
to submit a copy of that ordinance to the Department of Housing and
Community Development within 60 days after adoption, as specified.
The bill would authorize the department to review the ordinance and
submit written findings to the local agency as to whether the ordinance
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SB 677
is in compliance with these provisions. Should the department conclude
an ordinance is not in compliance, the bill would establish a process
for the department to notify the local agency and the local agency to
amend the ordinance or adopt the ordinance without changes, as
provided.
The bill would require a local agency to ministerially review a
condominium map that would subdivide a specified housing
development, as provided. The bill would prohibit the imposition of an
impact fee upon an urban lot split, as specified.
(4) Existing law authorizes a local agency, by ordinance, to provide
for the creation of accessory dwelling units (ADUs) in areas zoned for
residential use and requires ministerial approval of ADUs, as specified.
Existing law, the Davis -Stirling Common Interest Development Act,
governs the management and operation of common interest
developments. Existing law makes void and unenforceable any covenant,
restriction, or condition contained in any deed, contract, security
instrument, or other instrument affecting the transfer or sale of any
interest in a planned development, and any provision of a governing
document, that effectively prohibits or unreasonably restricts the
construction or use of an accessory dwelling unit or junior accessory
dwelling unit on a lot zoned for single-family residential use that meets
the above -described requirements established for those units, except as
provided.
This bill would, additionally, apply the above -described provisions
to housing developments and urban lot splits receiving ministerial
approval, as specified.
(5) Existing law, the California Coastal Act of 1976, establishes the
California Coastal Commission and prescribes the powers and
responsibilities of the commission with regard to the regulation of
development along the California coast. The act prohibits a local coastal
program from being required to include housing policies and programs.
This bill would express the intent of the Legislature to achieve the
goal of increasing the supply of housing in the coastal zone while also
protecting coastal resources and public coastal access, as provided. On
or by July 1, 2026, the bill would require any local government in the
coastal zone that has not done so to submit an amendment to its local
coastal program that harmonizes the act with the provisions of this bill
concerning ministerial approval of proposed housing developments and
urban lot splits, as provided. The bill would specify criteria that would
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allow a local government's amendment to be processed as de minimis,
as specified.
Existing law specifies that proposed housing developments and urban
lot splits considered ministerially under the provisions of this bill may
be required to obtain a coastal development permit, but a local agency
is not required to hold public hearings for coastal development permit
applications, as provided.
This bill would instead specify that these provisions do not relieve a
proposed housing development's or urban lot split's requirement to
obtain a coastal development permit if the proposed activity would take
place in the coastal zone, as provided.
(6) The bill would define key terms and make nonsubstantive and
conforming changes.
(7) By increasing the duties of local agencies with respect to land
use regulations, the bill would impose a state -mandated local program.
(8) 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.
(9) 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 4751 of the Civil Code is amended to
2 read:
3 4751. (a) Any covenant, restriction, or condition contained in
4 any deed, contract, security instrument, or other instrument
5 affecting the transfer or sale of any interest in a planned
6 development, and any provision of a governing document, that
7 either effectively prohibits or unreasonably restricts the
8 construction or use of an accessory dwelling unit or junior
9 accessory dwelling unit on a lot zoned for single-family residential
10 use that meets the requirements of Article 2 (commencing with
1 1 Section 66314) or Article 3 (commencing with Section 66333) of
12 Chapter 13 of Division 1 of Titled 7, or of a housing development
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SB 677 — 8 —
1 pursuant to Section 65852.21 of the Government Code, or an
2 urban lot split pursuant to Section 66411.7 of the Government
3 Code, is void and unenforceable.
4 (b) This section does not apply to provisions that impose
5 reasonable restrictions on accessory dwelling units or junior
6 accessory dwellings units or a housing development pursuant
7 to Section 65852.21 of the Government Code or an urban lot split
8 pursuant to 66411.7 of the Government Code. For purposes of this
9 subdivision, "reasonable restrictions" means restrictions that do
10 not unreasonably increase the cost to construct, effectively prohibit
1 1 the construction of, or extinguish the ability to otherwise construct,
12 an accessory dwelling unit or junior accessory dwelling unit
13 consistent with the provisions of Article 2 (commencing with
14 Section 66314) or Article 3 (commencing with Section 66333) of
15 Chapter- 13 of Division 1 of Titled 7, or a housing development
16 pursuant to Section 65852.21 of the Government Code, or an urban
17 lot split pursuant to Section 66411.7 of the Government Code.
18 SEC. 2. Section 65852.21 of the Government Code is amended
19 to read:
20 65852.21. (a) A -Notwithstanding any covenant, condition, or
21 restriction set by an association, a proposed housing development
22 containing no more than two residential units
23 residential . on-e on any lot hosting a single family home or zoned
24 for four or fewer residential units shall be considered ministerially,
25 without discretionary review or a hearing, if the proposed housing
26 development meets all of the following requirements:
27 (1) The parcel subject to the proposed housing development is
28 located within a city, the boundaries of which include some portion
29 of either an urbanized area or urban cluster, as designated by the
30 United States Census Bureau, or, for unincorporated areas, a legal
31 parcel wholly within the boundaries of an urbanized area or urban
32 cluster, as designated by the United States Census Bureau.
33 (2) The parcel satisfies the requirements specified in
34 subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision
35 (a) of Section 65913.4, as 4ial seetiott read att September 16, -202-47
36 65913.4.
37 (3) (A) Notwithstanding any provision of this section or any
38 local law, the proposed housing development would not require
39 demolition or alteration of any of the following types of housing:
40
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1 (i) Housing that is subject to a recorded covenant, ordinance,
2 or law that restricts rents to levels affordable to persons and
3 families of . moderate income,
4 as defined in subdivision (m) of Section 65582, or lower income,
5 as defined in subdivision (l) of Section 65582.
6 �B)
7 (ii) Housing that is subject to any form of rent or price control
8 through a public entity's valid exercise of its police power.
9
10 Yeaf S.
1 1 (iii) Housing that has been occupied by a tenant in the last three
12 years, except for housing in any countv subject to a state of
13 emergency declaration by the Governor, pursuant to Section 8625,
14 provided the declaration was made prior to the date of tenancy,
15 and the housing is occupied by a tenantfor no more than 24 months
16 from the date of *the declaration.
17 (B) This paragraph shall not apply if a structure on the
18 development site that includes at least one housing unit was
19 involuntarily damaged or destroyed by an earthquake, other
20 catastrophic event, or the public enemy.
21 (4) The parcel subject to the proposed housing development is
22 not a parcel on which an owner of residential real property has
23 exercised the owner's rights under Chapter 12.75 (commencing
24 with Section 7060) of Division 7 of Title 1 to withdraw
25 accommodations from rent or lease within 15 years before the date
26 that the development proponent submits an application.
27 (5) The development is not located within a historic district or
28 property included on the State Historic Resources inventory, as
29 defined in Section 5020.1 of the Public Resources Code, or within
30 a site that is designated or listed as a city or county landmark or
31 historic property or district pursuant to a city or county ordinance.
32 (b) (1) (A) Notwithstanding any local law and except as
33 provided in paragraphs (2) and (3), a local agency may impose
34 objective zoning standards, objective subdivision standards, and
35 objective design review standards that do not conflict with this
36 section.
37 (B) Notwithstanding subparagraph (A), a local agency may
38 only impose a front setback with respect to the original lot line.
39 (2) (A) The local agency shall not impose objective zoning
40 standards, objective subdivision standards, and objective design
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SB 677
1 standards that would have the effect of physically precluding the
2 construction of up to two units or that would physically preclude
3 either of the two units from being at least-8fl0 1,750 net habitable
4 square feet in floor area.
5 (B) (i) Notwithstanding subparagraph (A), nodek- setback,
6 height limitation, lot coverage limitation, floor area ratio, or other
7 standard that would limit residential development capacity shall
8 be required for an existing structure or a structure constructed in
9 the same location and -to within the same dimensions as an existing
10 structure.
l l (ii) Notwithstanding subparagraph (A), in all other circumstances
12 not described in clause (1), a local agency may require a setback
13 from the original lot line of up to four feet from the side and rear
14 lot lines.
15 (iii) A local agency shall not require a setback between the
16 units, except as required in the Cal fornia Building Standards
17 Code (Title 24 of the California Code of Regulations).
18 (3) A local agency shall not impose objective zoning standards,
19 objective subdivision standards, objective design
20 standards, or permitting requirements that do not apply uniformly
21 to development within the underlying zone. This subdivision shall
22 not prevent a local agency from adopting or imposing objective
23 zoning standards, objective subdivision standards, objective
24 designer standards, or permitting requirements on
25 development authorized by this section if those standards are more
26 permissive than applicable standards within the underlying zone.
27 (4) A local agency shall not require a deed restriction or
28 covenant that restricts rents to the levels affordable to persons
29 andfamilies of moderate income, as defined in subdivision (m) of
30 Section 65582, or lower income, as defined in subdivision (l) of
31 Section 65582.
32 (5) This section establishes the maximum standards that a local
33 agency shall use to evaluate a housing development proposed
34 pursuant to this section. No additional standards, other than those
35 provided in this section, shall be used or imposed, including an
36 owner occupancy requirement.
37 (c)
38 , A local agency may require any of the following
39 conditions when considering an application for two residential
40 units as provided for in this section:
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1 (1) Offstreet parking of up to one space per unit, except that a
2 local agency shall not impose parking requirements in -either any
3 of the following instances:
4 (A) The parcel is located within one-half mile walking distance
5 of either a high -quality transit corridor, as defined in subdivision
6 (b) of Section 21155 of the Public Resources Code, or a major
7 transit stop, as defined in Section 21064.3 of the Public Resources
8 Code.
9 (B) There is a cat- share vehicle located within one block of the
10 parcel.
11 (2) For residential units connected to an onsite wastewater
12 treatment system, a percolation test completed within the last 5
13 years, or, if the percolation test has been recertified, within the last
14 10 years.
15 (d) Notwithstanding subdivision (a), a local agency may deny
16 a proposed housing development project if the building official
17 makes a written finding, based upon a preponderance of the
18 evidence, that the proposed housing development project would
19 have a specific, adverse impact, as defined and determined in
20 paragraph (2) of subdivision (d) of Section 65589.5, upon public
21 health and safety for which there is no feasible method to
22 satisfactorily mitigate or avoid the specific, adverse impact.
23 (e) A local agency shall require that a rental of any unit created
24 pursuant to this section be for a term longer than 30 days.
25 (f) Notwithstanding Article 2 (commencing with Section 66314)
26 or Article 3 (commencing with Section 66333) of Chapter 13, a
27 local agency shall iiat be required to may permit an accessory
28 dwelling unit or a junior accessory dwelling unit oneel-s a
29 parcel thatch uses the authority contained within this section
30 and that was created pursuant to the authority contained in Section
31 66411.7.
32 (g) Notwithstanding subparagraph (B) of paragraph (2) of
33 subdivision (b), an application shall not be rejected solely because
34 it proposes adjacent or connected structures provided that the
35 structures meet building code safety standards and are sufficient
36 to allow separate conveyance.
37 (h) (1) An application for a proposed housing development
38 pursuant to this section shall be considered and approved or denied
39 within 60 days from the date the local agency receives a completed
40 application. if the local agency has not approved or denied the
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SB 677 —12 —
1 completed application within 60 days, the application shall be
2 deemed approved.
3 (2) if a permitting agency denies an application for a proposed
4 housing development pursuant to paragraph (1), the permitting
5 agency shall, within the time period described in paragraph (1),
6 return in writing a full set of comments to the applicant with a list
7 of items that are defective or deficient and a description of how
8 the application can be remedied by the applicant.
9 (i) Local agencies shall include units constructed and any
10 ordinance adopted pursuant to this section in the annual housing
l l element report as required by subparagraph (I) of paragraph (2)
12 of subdivision (a) of Section 65400.
13 0) For purposes of this section, all of the following apply:
14 (1) A housing development contains two residential units if the
15 development proposes no more than two new units or if it proposes
16 to add one new unit to one existing unit.
17 (2) The terms "objective zoning standards," "objective
18 subdivision standards," and "objective design review standards"
19 mean standards that involve no personal or subjective judgment
20 by a public official and are uniformly verifiable by reference to
21 an external and uniform benchmark or criterion available and
22 knowable by both the development applicant or proponent and the
23 public official prior to submittal. These standards may be embodied
24 in alternative objective land use specifications adopted by a local
25 agency, and may include, but are not limited to, housing overlay
26 zones, specific plans, inclusionary zoning ordinances, and density
27 bonus ordinances.
28 (3) "Local agency" means a city, county, or city and county,
29 whether general law or chartered.
30 (4) `Association" has the same meaning as defined in Section
31 4080 of the Civil Code.
32 (5) "Urbanized area" means an urbanized area designated by
33 the United States Census Bureau, as published in the Federal
34 Register Volume 77, Number 59, on March 27, 2012.
35 (6) "Urban cluster" means an urbanized area designated by
36 the United States Census Bureau, as published in the Federal
37 Register Volume 77, Number 59, on March 27, 2012.
38 (7) `Net habitable square feet" means the finished and heated
39 floor area fully enclosed by the inside surface of walls, windows,
40 doors, and partitions, and having a headroom of at least six and
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1 one-halffeet, including working, living, eating, cooking, sleeping,
2 stair, hall, service, and storage areas, but excluding garages,
3 carports, parking spaces, cellars, half -stories, and unfinished attics
4 and basements.
5 (k) A local agency may adopt an ordinance to implement the
6 provisions of this section. An ordinance adopted to implement this
7 section shall not be considered a project under Division 13
8 (commencing with Section 21000) of the Public Resources Code.
9
12
13 shall not be required to hold ptiblie hearittgs for eoastal
14
15 pttrsttant to this seetiolt.
16 (1) A local agency shall submit a copy of the ordinance adopted
17 pursuant to this section to the department within 60 days after
18 adoption. After adoption of an ordinance, the department may
19 submit written findings to the local agency as to whether the
20 ordinance complies with this section. The local agency shall submit
21 a copy of any existing ordinance adopted pursuant to this section
22 to the department within 60 days of the date this act becomes
23 effective.
24 (2) (A) The department may review the ordinance and if the
25 departmentfinds that the local agency's ordinance does not cornply
26 with this section, the department shall notes the local agency and
27 shall provide the local agency with a reasonable time, not to exceed
28 30 days, to respond to the findings before taking any other action
29 authorized by this section.
30 (B) The local agency shall consider any findings made by the
31 department pursuant to paragraph (1) and shall do one of the
32 following:
33 (i) Amend the ordinance to comply with this section.
34 (ii) Adopt the ordinance without changes. The local agency
35 shall include findings in its resolution adopting the ordinance that
36 explain the reasons the local agency believes that the ordinance
37 complies with this section despite the findings of the department.
38 (3) If the local agency does not amend its ordinance in response
39 to the departments findings or does not adopt a resolution with
40 findings explaining the reason the ordinance complies with this
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1 section and addressing the department's findings, the department
2 shall notes the local agency and may notify the Attorney General
3 that the local agency is in violation of state law.
4 (1) A local agency shall provide applicants with a single
5 application for a housing development pursuant to this section
6 and any urban lot split pursuant to Section 66411.7. Both
7 applications shall be reviewed concurrently.
8 (m) For a project located in the coastal zone, as specified in
9 the California Coastal Act of 1976 (Division 20 (commencing with
10 Section 30000) of the Public Resources Code), this section does
l l not relieve a project relying on the provisions of this section fVom
12 the requirement to obtain a coastal development permit as required
13 by Section 30600 of the Public Resources Code. Any standards to
14 which the applicant is entitled under this section shall be permitted
15 in a manner that is consistent with this section and does not result
16 in significant adverse impacts to coastal resources and public
17 coastal access pursuant to Chapter 3 (commencing with Section
18 30200) of Division 20 of the Public Resources Code.
19 (n) The local agency shall not deny an application for a permit
20 due to the presence of preexisting nonconforming zoning
21 conditions, building code violations, or unpermitted structures
22 that do not present a threat to public health and safety and are
23 not affected by the construction of the unit or units.
24 (o) (1) A local agency, special district, or water corporation
25 shall not impose any impact fee upon a housing development
26 proposed pursuant to this section of less than 1, 750 square feet.
27 Any impact fees charged for a housing development proposed
28 pursuant to this section of * 1, 750 square feet or greater shall be
29 charged proportionately.
30 (2) Forpurposes of this subdivision, "impactfee" has the same
31 meaning as the term `fee" as defined in subdivision (b) ofSection
32 66000, except that it also includes fees specified in Section 66477.
33 "Impact fee" does not include any connection fee or capacity
34 charge charged by a local agency, special district, or water
35 corporation.
36 SEC. 3. Section 65913.4 of the Government Code is amended
37 to read:
38 65913.4. (a) Except as provided in subdivision (r), a
39 development proponent may submit an application for a
40 development that is subject to the streamlined, ministerial approval
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1 process provided by subdivision (c) and is not subject to a
2 conditional use permit or any other nonlegislative discretionary
3 approval if the development complies with subdivision (b) and
4 satisfies all of the following objective planning standards:
5 (1) The development is a multifamily housing development that
6 contains two or more residential units.
7 (2) The development and the site on which it is located satisfy
8 all of the following:
9 (A) it is a legal parcel or parcels located in a city if, and only
10 if, the city boundaries include some portion of either an urbanized
1 1 area or urban cluster, as designated by the United States Census
12 Bureau, or, for unincorporated areas, a legal parcel or parcels
13 wholly within the boundaries of an urbanized area or urban cluster,
14 as designated by the United States Census Bureau.
15 (B) At least 75 percent of the perimeter of the site adjoins parcels
16 that are developed with urban uses. For the purposes of this section,
17 parcels that are only separated by a street or highway shall be
18 considered to be adjoined.
19 (C) (1) A site that meets the requirements of clause (ii) and
20 satisfies any of the following:
21 (1) The site is zoned for residential use or residential mixed -use
22 development.
23 (II) The site has a general plan designation that allows residential
24 use or a mix of residential and nonresidential uses.
25 (11I) The site meets the requirements of Section 65852.24.
26 (ii) At least two-thirds of the square footage of the development
27 is designated for residential use. Additional density, floor area,
28 and units, and any other concession, incentive, or waiver of
29 development standards granted pursuant to the Density Bonus Law
30 in Section 65915 shall be included in the square footage
31 calculation. The square footage of the development shall not
32 include underground space, such as basements or underground
33 parking garages.
34 (3) (A) The development proponent has committed to record,
35 prior to the issuance of the first building permit, a land use
36 restriction or covenant providing that any lower or
37 moderate -income housing units required pursuant to subparagraph
38 (B) of paragraph (4) shall remain available at affordable housing
39 costs or rent to persons and families of lower or moderate income
40 for no less than the following periods of time:
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SB 677
1 (1) Fifty-five years for units that are rented.
2 (ii) Forty-five years for units that are owned.
3 (B) The city or county shall require the recording of covenants
4 or restrictions implementing this paragraph for each parcel or unit
5 of real property included in the development.
6 (4) The development satisfies clause (1) or (ii) of subparagraph
7 (A) and satisfies subparagraph (B) below:
8 (A) (1) For a development located in a locality that is in its sixth
9 or earlier housing element cycle, the development is located in
10 either of the following:
1 1 (1) In a locality that the department has determined is subject
12 to this clause on the basis that the number of units that have been
13 issued building permits, as shown on the most recent production
14 report received by the department, is less than the locality's share
15 of the regional housing needs, by income category, for that
16 reporting period. A locality shall remain eligible under this
17 subclause until the department's determination for the next
18 reporting period.
19 (11) In a locality that the department has determined is subject
20 to this clause on the basis that the locality did not adopt a housing
21 element that has been found in substantial compliance with housing
22 element law (Article 10.6 (commencing with Section 65580) of
23 Chapter 3) by the department. A locality shall remain eligible under
24 this subclause until such time as the locality adopts a housing
25 element that has been found in substantial compliance with housing
26 element law (Article 10.6 (commencing with Section 65580) of
27 Chapter- 3) by the department.
28 (ii) For a development located in a locality that is in its seventh
29 or later housing element cycle, is located in a locality that the
30 department has determined is subject to this clause on the basis
31 that the locality did not adopt a housing element that has been
32 found in substantial compliance with housing element law (Article
33 10.6 (commencing with Section 65580) of Chapter- 3) by the
34 department by the statutory deadline, or that the number of units
35 that have been issued building permits, as shown on the most recent
36 production report received by the department, is less than the
37 locality's share of the regional housing needs, by income category,
38 for that reporting period. A locality shall remain eligible under
39 this subparagraph until the department's determination for the next
40 reporting period.
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1 (B) The development is subject to a requirement mandating a
2 minimum percentage of below market rate housing based on one
3 of the following:
4 (i) The locality did not adopt a housing element pursuant to
5 Section 65588 that has been found in substantial compliance with
6 the housing element law (Article 10.6 (commencing with Section
7 65580) of Chapter 3) by the department, did not submit its latest
8 production report to the department by the time period required
9 by Section 65400, or that production report submitted to the
10 department reflects that there were fewer units of above
11 moderate -income housing issued building permits than were
12 required for the regional housing needs assessment cycle for that
13 reporting period. In addition, if the project contains more than 10
14 units of housing, the project does one of the following:
15 (1) For for -rent projects, the project dedicates a minimum of 10
16 percent of the total number of units, before calculating any density
17 bonus, to housing affordable to households making at or below 50
18 percent of the area median income. However, if the locality has
19 adopted a local ordinance that requires that greater than 10 percent
20 of the units be dedicated to housing affordable to households
21 making below 50 percent of the area median income, that local
22 ordinance applies.
23 (11) For for -sale projects, the project dedicates a minimum of
24 10 percent of the total number of units, before calculating any
25 density bonus, to housing affordable to households making at or
26 below 80 percent of the area median income. However, if the
27 locality has adopted a local ordinance that requires that greater
28 than 10 percent of the units be dedicated to housing affordable to
29 households making below 80 percent of the area median income,
30 that local ordinance applies.
31 (III) (ia) If the project is located within the San Francisco Bay
32 area, the project, in lieu of complying with subclause (I) or (II),
33 may opt to abide by this subclause. Projects utilizing this subclause
34 shall dedicate 20 percent of the total number of units, before
35 calculating any density bonus, to housing affordable to households
36 making below 100 percent of the area median income with the
37 average income of the units at or below 80 percent of the area
38 median income. However, a local ordinance adopted by the locality
39 applies if it requires greater than 20 percent of the units be
40 dedicated to housing affordable to households making at or below
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1 100 percent of the area median income, or requires that any of the
2 units be dedicated at a level deeper than 100 percent. In order to
3 comply with this subclause, the rent or sale price charged for units
4 that are dedicated to housing affordable to households between 80
5 percent and 100 percent of the area median income shall not exceed
6 30 percent of the gross income of the household.
7 (1b) For purposes of this subclause, "San Francisco Bay area"
8 means the entire area within the territorial boundaries of the
9 Counties of Alameda, Contra Costa, Marin, Napa, San Mateo,
10 Santa Clara, Solano, and Sonoma, and the City and County of San
11 Francisco.
12 (ii) (1) The locality's latest production report reflects that there
13 were fewer units of housing issued building permits affordable to
14 either very low income or low-income households by income
15 category than were required for the regional housing needs
16 assessment cycle for that reporting period, and one of the following
17 conditions exist:
18 (ia) The project seeking approval dedicates-5-0 20 percent of the
19 total number of units, before calculating any density bonus, to
20 housing affordable to households making at or below 80 percent
21 of the area median income.
22 (ib) The project application was submitted prior to January 1,
23 2019, and the project includes at least 500 units of housing, the
24 project seeking approval or seeking a modification to a prior
25 approval dedicates 20 percent of the total number of units, before
26 calculating any density bonus, as affordable units, with at least 9
27 percent affordable to households making at or below 50 percent
28 of the area median income and the remainder affordable to
29 households making at or below 80 percent of the area median
30 income.
31 (11) Notwithstanding the conditions described in sub-subclauses
32 (ia) and (1b) of subclause (I), if the locality has adopted a local
33 ordinance that requires that greater than 50 pefeent, of greater- than
34 20 percent , of the units be dedicated to housing
35 affordable to households making at or below 80 percent of the area
36 median income, that local ordinance applies.
37 (111) For purposes of this clause, the reference to units affordable
38 to very low income households includes units affordable to acutely
39 low income households, as defined in Section 50063.5 of the Health
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1 and Safety Code, and to extremely low income households, as
2 defined in Section 50106 of the Health and Safety Code.
3 (iii) The locality did not submit its latest production report to
4 the department by the time period required by Section 65400, or
5 if the production report reflects that there were fewer units of
6 housing affordable to both income levels described in clauses (1)
7 and (ii) that were issued building permits than were required for
8 the regional housing needs assessment cycle for that reporting
9 period, the project seeking approval may choose between utilizing
10 clause (i) or (ii).
l l (C) (i) A development proponent that uses a unit of affordable
12 housing to satisfy the requirements of subparagraph (B) may also
13 satisfy any other local or state requirement for affordable housing,
14 including local ordinances or the Density Bonus Law in Section
15 65915, provided that the development proponent complies with
16 the applicable requirements in the state or local law. If a local
17 requirement for affordable housing requires units that are restricted
18 to households with incomes higher than the applicable income
19 limits required in subparagraph (B), then units that meet the
20 applicable income limits required in subparagraph (B) shall be
21 deemed to satisfy those local requirements for higher income units.
22 (ii) A development proponent that uses a unit of affordable
23 housing to satisfy any other state or local affordability requirement
24 may also satisfy the requirements of subparagraph (B), provided
25 that the development proponent complies with applicable
26 requirements of subparagraph (B).
27 (iii) A development proponent may satisfy the affordability
28 requirements of subparagraph (B) with a unit that is restricted to
29 households with incomes lower than the applicable income limits
30 required in subparagraph (B).
31 (D) The amendments to this subdivision made by the act adding
32 this subparagraph do not constitute a change in, but are declaratory
33 of, existing law.
34 (5) The development, excluding any additional density or any
35 other concessions, incentives, or waivers of development standards
36 for which the development is eligible pursuant to the Density Bonus
37 Law in Section 65915, is consistent with objective zoning
38 standards, objective subdivision standards, and objective design
39 review standards in effect at the time that the development is
40 submitted to the local government pursuant to this section, or at
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1 the time a notice of intent is submitted pursuant to subdivision (b),
2 whichever occurs earlier. For purposes of this paragraph, "objective
3 zoning standards," "objective subdivision standards," and
4 "objective design review standards" mean standards that involve
5 no personal or subjective judgment by a public official and are
6 uniformly verifiable by reference to an external and uniform
7 benchmark or criterion available and knowable by both the
8 development applicant or proponent and the public official before
9 submittal. These standards may be embodied in alternative
10 objective land use specifications adopted by a city or county, and
1 1 may include, but are not limited to, housing overlay zones, specific
12 plans, inclusionary zoning ordinances, and density bonus
13 ordinances, subject to the following:
14 (A) A development shall be deemed consistent with the objective
15 zoning standards related to housing density, as applicable, if the
16 density proposed is compliant with the maximum density allowed
17 within that land use designation, notwithstanding any specified
18 maximum unit allocation that may result in fewer units of housing
19 being permitted.
20 (B) In the event that objective zoning, general plan, subdivision,
21 or design review standards are mutually inconsistent, a
22 development shall be deemed consistent with the objective zoning
23 and subdivision standards pursuant to this subdivision if the
24 development is consistent with the standards set forth in the general
25 plan.
26 (C) It is the intent of the Legislature that the objective zoning
27 standards, objective subdivision standards, and objective design
28 review standards described in this paragraph be adopted or
29 amended in compliance with the requirements of Chapter 905 of
30 the Statutes of 2004.
31 (D) The amendments to this subdivision made by the act adding
32 this subparagraph do not constitute a change in, but are declaratory
33 of, existing law.
34 (E) A project that satisfies the requirements of Section 65852.24
35 shall be deemed consistent with objective zoning standards,
36 objective design standards, and objective subdivision standards if
37 the project is consistent with the provisions of subdivision (b) of
38 Section 65852.24 and if none of the square footage in the project
39 is designated for hotel, motel, bed and breakfast inn, or other
40 transient lodging use, except for a residential hotel. For purposes
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1 of this subdivision, "residential hotel" shall have the same meaning
2 as defined in Section 50519 of the Health and Safety Code.
3 (6) The development is not located aii a site `h within any
4 of the following:
5 (A) (i) An area of the coastal zone subject to paragraph (1) or
6 (2) of subdivision (a) of Section 30603 of the Public Resources
7 Code.
8 (ii) An area of the coastal zone that is not subject to a certified
9 local coastal program or a certified land use plan.
10 (iii) An area of the coastal zone that is vulnerable to five feet
11 of sea level rise, as determined by the National Oceanic and
12 Atmospheric Administration, the Ocean Protection Council, the
13 United States Geological Survey, the University of California, or
14 a local government's coastal hazards vulnerability assessment.
15 (iv) In a parcel within the coastal zone that is not zoned for
16 multifamily housing.
17 (v) in a parcel in the coastal zone and located on either of the
18 following:
19 (I) On, or ---ithi & A 100-foot radius of, or on, a wetland, as
20 defined in Section 30121 of the Public Resources Code.
21 (11) On prime Prime agricultural land, as defined in Sections
22 30113 and 30241 of the Public Resources Code.
23 (B) Either prime farmland or farmland of statewide importance,
24 as defined pursuant to the United States Department of -Agriculture
25 land inventory and monitoring criteria, as modified for California,
26 and designated on the maps prepared by the Farmland Mapping
27 and Monitoring Program of the Department of Conservation, or
28 land zoned or designated for agricultural protection or preservation
29 by a local ballot measure that was approved by the voters of that
30 jurisdiction.
31 (C) Wetlands, as defined in the United States Fish and Wildlife
32 Service Manual, Part 660 FW 2 (June 21, 1993).
33 (D) �'=�A very high fire hazard severity zone, as
34 determined by the Department of Forestry and Fire Protection
35 pursuant to Section 51178, or within the state responsibility area,
36 as defined in Section 4102 of the Public Resources Code. This
37 subparagraph does not apply to sites that have adopted fire hazard
38 mitigation measures pursuant to existing building standards or
39 state fire mitigation measures applicable to the development,
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1 including, but not limited to, standards established under all of the
2 following or their successor provisions:
3 (i) Section 4291 of the Public Resources Code or Section 51182,
4 as applicable.
5 (ii) Section 4290 of the Public Resources Code.
6 (iii) Chapter 7A of the California Building Code (Title 24 of
7 the California Code of Regulations).
8 (E) A hazardous waste site that is listed pursuant to Section
9 65962.5 or a hazardous waste site designated by the Department
10 of Toxic Substances Control pursuant to Section 25356 of the
1 1 Health and Safety Code, unless either of the following apply:
12 (1) The site is an underground storage tank site that received a
13 uniform closure letter issued pursuant to subdivision (g) of Section
14 25296.10 of the Health and Safety Code based on closure criteria
15 established by the State Water Resources Control Board for
16 residential use or residential mixed uses. This section does not
17 alter or change the conditions to remove a site fi-om the list of
18 hazardous waste sites listed pursuant to Section 65962.5.
19 (ii) The State Department of Public Health, State Water
20 Resources Control Board, Department of Toxic Substances Control,
21 or a local agency making a determination pursuant to subdivision
22 (c) of Section 25296.10 of the Health and Safety Code, has
23 otherwise determined that the site is suitable for residential use or
24 residential mixed uses.
25 (F) W4= A delineated earthquake fault zone as determined
26 by the State Geologist in any official maps published by the State
27 Geologist, unless the development complies with applicable seismic
28 protection building code standards adopted by the California
29 Building Standards Commission under the California Building
30 Standards Law (Part 2.5 (commencing with Section 18901) of
31 Division 13 of the Health and Safety Code), and by any local
32 building department under Chapter 12.2 (commencing with Section
33 8875) of Division 1 of Title 2.
34 (G) ""41iiii a A special flood hazard area subject to inundation
35 by the 1 percent annual chance flood (100-year flood) as
36 determined by the Federal Emergency Management Agency in
37 any official maps published by the Federal Emergency
38 Management Agency. If a development proponent is able to satisfy
39 all applicable federal qualifying criteria in order to provide that
40 the site satisfies this subparagraph and is otherwise eligible for
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1 streamlined approval under this section, a local government shall
2 not deny the application on the basis that the development
3 proponent did not comply with any additional permit requirement,
4 standard, or action adopted by that local government that is
5 applicable to that site. A development may be located on a site
6 described in this subparagraph if either of the following are met:
7 (1) The site has been subject to a Letter of Map Revision
8 prepared by the Federal Emergency Management Agency and
9 issued to the local jurisdiction.
10 (ii) The site meets Federal Emergency Management Agency
1 1 requirements necessary to meet minimum flood plain management
12 criteria of the National Flood Insurance Program pursuant to Part
13 59 (commencing with Section 59.1) and Part 60 (commencing
14 with Section 60.1) of Subchapter B of Chapter I of Title 44 of the
15 Code of Federal Regulations.
16 (H) With4"-ft-A regulatory floodway as determinedby the Federal
17 Emergency Management Agency in any official maps published
18 by the Federal Emergency Management Agency, unless the
19 development has received a no -rise certification in accordance
20 with Section 60.3(d)(3) of Title 44 of the Code of Federal
21 Regulations. If a development proponent is able to satisfy all
22 applicable federal qualifying criteria in order to provide that the
23 site satisfies this subparagraph and is otherwise eligible for
24 streamlined approval under this section, a local government shall
25 not deny the application on the basis that the development
26 proponent did not comply with any additional permit requirement,
27 standard, or action adopted by that local government that is
28 applicable to that site.
29 (1) Lands identified for conservation in an adopted natural
30 community conservation plan pursuant to the Natural Community
31 Conservation Planning Act (Chapter 10 (commencing with Section
32 2800) of Division 3 of the Fish and Game Code), habitat
33 conservation plan pursuant to the federal Endangered Species Act
34 of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural
35 resource protection plan.
36 (J) Habitat for protected species identified as candidate,
37 sensitive, or species of special status by state or federal agencies,
38 fully protected species, or species protected by the federal
39 Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.),
40 the California Endangered Species Act (Chapter 1.5 (commencing
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1 with Section 2050) of Division 3 of the Fish and Game Code), or
2 the Native Plant Protection Act (Chapter 10 (commencing with
3 Section 1900) of Division 2 of the Fish and Game Code).
4 (K) Lands under conservation easement.
5 (7) (A) The development is not located on a site where any of
6 the following apply:
7 {A)
8 (1) The development would require the demolition of the
9 following types of housing:
10
l l (I) Housing that is subject to a recorded covenant, ordinance,
12 or law that restricts rents to levels affordable to persons and
13 families off-moderafe, or vety low itteome. moderate income,
14 as defined in subdivision (m) of Section 65582, or lower income,
15 as defined in subdivision (l) of Section 65582.
16 00
17 (II) Housing that is subject to any form of rent or price control
18 through a public entity's valid exercise of its police power.
19
20 (III) Housing that has been occupied by tenants within the past
21 10 years.
22
23 (ii) The site was previously used for housing that was occupied
24 by tenants that was demolished within 10 years before the
25 development proponent submits an application under this section.
26
27 ,
28 register:
29 (iii) The development would require the demolition of a property
30 individually listed on the National Register of Historic Places or
31 the California Register of Historical Resources or of a contributing
32 structure located within a historic district included on the National
33 Register of Historic Places or the California Register of Historical
34 Resources.
35 {
36 (iv) The property contains housing units that are occupied by
37 tenants, and units at the property are, or were, subsequently offered
38 for sale to the general public by the subdivider or subsequent owner
39 of the property.
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1 (B) This paragraph shall not apply if a structure on the
2 development site that includes at least one housing unit was
3 involuntarily damaged or destroyed by an earthquake, other
4 catastrophic event, or the public enemy.
5 (8) Except as provided in paragraph (9), a proponent of a
6 development project approved by a local government pursuant to
7 this section shall require in contracts with construction contractors,
8 and shall certify to the local government, that the following
9 standards specified in this paragraph will be met in project
10 construction, as applicable:
1 1 (A) A development that is not in its entirety a public work for
12 purposes of Chapter 1 (commencing with Section 1720) of Part 7
13 of Division 2 of the Labor Code and approved by a local
14 government pursuant to Article 2 (commencing with Section
15 65912.1 10) or Article 3 (commencing with Section 65912.120)
16 shall be subject to all of the following:
17 (i) All construction workers employed in the execution of the
18 development shall be paid at least the general prevailing rate of
19 per diem wages for the type of work and geographic area, as
20 determined by the Director of Industrial Relations pursuant to
21 Sections 1773 and 1773.9 of the Labor Code, except that
22 apprentices registered in programs approved by the Chief of the
23 Division of Apprenticeship Standards may be paid at least the
24 applicable apprentice prevailing rate.
25 (ii) The development proponent shall ensure that the prevailing
26 wage requirement is included in all contracts for the performance
27 of the work, and shall also provide notice of all contracts for the
28 performance of the work to the Department of industrial Relations,
29 in accordance with Section 1773.35 of the Labor Code, for those
30 portions of the development that are not a public work.
31 (iii) All contractors and subcontractors for those portions of the
32 development that are not a public work shall comply with all of
33 the following:
34 (1) Pay to all construction workers employed in the execution
35 of the work at least the general prevailing rate of per diem wages,
36 except that apprentices registered in programs approved by the
37 Chief of the Division of Apprenticeship Standards may be paid at
38 least the applicable apprentice prevailing rate.
39 (11) Maintain and verify payroll records pursuant to Section
40 1776 of the Labor Code and make those records available for
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1 inspection and copying as provided in that section. This subclause
2 does not apply if all contractors and subcontractors performing
3 work on the development are subject to a project labor agreement
4 that requires the payment of prevailing wages to all construction
5 workers employed in the execution of the development and
6 provides for enforcement of that obligation through an arbitration
7 procedure. For purposes of this subclause, "project labor
8 agreement" has the same meaning as set forth in paragraph (1) of
9 subdivision (b) of Section 2500 of the Public Contract Code.
10 (III) Be registered in accordance with Section 1725.6 of the
1 1 Labor Code.
12 (B) (1) The obligation of the contractors and subcontractors to
13 pay prevailing wages pursuant to this paragraph may be enforced
14 by any of the following:
15 (1) The Labor Commissioner through the issuance of a civil
16 wage and penalty assessment pursuant to Section 1741 of the Labor
17 Code, which may be reviewed pursuant to Section 1742 of the
18 Labor Code, within 18 months after the completion of the
19 development.
20 (11) An underpaid worker through an administrative complaint
21 or civil action.
22 (III) A joint labor-management committee through a civil action
23 under Section 1771.2 of the Labor Code.
24 (ii) If a civil wage and penalty assessment is issued pursuant to
25 this paragraph, the contractor, subcontractor, and surety on a bond
26 or bonds issued to secure the payment of wages covered by the
27 assessment shall be liable for liquidated damages pursuant to
28 Section 1742.1 of the Labor Code.
29 (iii) This paragraph does not apply if all contractors and
30 subcontractors performing work on the development are subject
31 to a project labor agreement that requires the payment of prevailing
32 wages to all construction workers employed in the execution of
33 the development and provides for enforcement of that obligation
34 through an arbitration procedure. For purposes of this clause,
35 "project labor agreement" has the same meaning as set forth in
36 paragraph (1) of subdivision (b) of Section 2500 of the Public
37 Contract Code.
38 (C) Notwithstanding subdivision (c) of Section 1773.1 of the
39 Labor Code, the requirement that employer payments not reduce
40 the obligation to pay the hourly straight time or overtime wages
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1 found to be prevailing does not apply to those portions of a
2 development that are not a public work if otherwise provided in a
3 bona fide collective bargaining agreement covering the worker.
4 (D) The requirement of this paragraph to pay at least the general
5 prevailing rate of per diem wages does not preclude use of an
6 alternative workweek schedule adopted pursuant to Section 511
7 or 514 of the Labor Code.
8 (E) A development of 50 or more housing units approved by a
9 local government pursuant to this section shall meet all of the
10 following labor standards:
l l (i) The development proponent shall require in contracts with
12 construction contractors and shall certify to the local government
13 that each contractor of any tier who will employ construction craft
14 employees or will let subcontracts for at least 1,000 hours shall
15 satisfy the requirements in clauses (ii) and (iii). A construction
16 contractor is deemed in compliance with clauses (ii) and (iii) if it
17 is signatory to a valid collective bargaining agreement that requires
18 utilization of registered apprentices and expenditures on health
19 care for employees and dependents.
20 (ii) A contractor with construction craft employees shall either
21 participate in an apprenticeship program approved by the California
22 Division of Apprenticeship Standards pursuant to Section 3075 of
23 the Labor Code, or request the dispatch of apprentices from a
24 state -approved apprenticeship program under the terms and
25 conditions set forth in Section 1777.5 of the Labor Code. A
26 contractor without construction craft employees shall show a
27 contractual obligation that its subcontractors comply with this
28 clause.
29 (iii) Each contractor with construction craft employees shall
30 make health care expenditures for each employee in an amount
31 per hour worked on the development equivalent to at least the
32 hourly pro rata cost of a Covered California Platinum level plan
33 for two adults 40 years of age and two dependents 0 to 14 years
34 of age for the Covered California rating area in which the
35 development is located. A contractor without construction craft
36 employees shall show a contractual obligation that its
37 subcontractors comply with this clause. Qualifying expenditures
38 shall be credited toward compliance with prevailing wage payment
39 requirements set forth in this paragraph.
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1 (iv) (I) The development proponent shall provide to the local
2 government, on a monthly basis while its construction contracts
3 on the development are being performed, a report demonstrating
4 compliance with clauses (ii) and (iii). The reports shall be
5 considered public records under the California Public Records Act
6 (Division 10 (commencing with Section 7920.000) of Title 1) and
7 shall be open to public inspection.
8 (II) A development proponent that fails to provide the monthly
9 report shall be subject to a civil penalty for each month for which
10 the report has not been provided, in the amount of 10 percent of
1 1 the dollar value of construction work performed by that contractor
12 on the development in the month in question, up to a maximum
13 of ten thousand dollars ($10,000). Any contractor or subcontractor
14 that fails to comply with clauses (ii) and (iii) shall be subject to a
15 civil penalty of two hundred dollars ($200) per day for each worker
16 employed in contravention of clauses (ii) and (iii).
17 (111) Penalties may be assessed by the Labor Commissioner
18 within 18 months of completion of the development using the
19 procedures for issuance of civil wage and penalty assessments
20 specified in Section 1741 of the Labor Code, and may be reviewed
21 pursuant to Section 1742 of the Labor Code. Penalties shall be
22 deposited in the State Public Works Enforcement Fund established
23 pursuant to Section 1771.3 of the Labor Code.
24 (v) Each construction contractor shall maintain and verify
25 payroll records pursuant to Section 1776 of the Labor Code. Each
26 construction contractor shall submit payroll records directly to the
27 Labor Commissioner at least monthly in a format prescribed by
28 the Labor Commissioner in accordance with subparagraph (A) of
29 paragraph (3) of subdivision (a) of Section 1771.4 of the Labor
30 Code. The records shall include a statement of fringe benefits.
31 Upon request by a joint labor-management cooperation committee
32 established pursuant to the federal Labor Management Cooperation
33 Act of 1978 (29 U.S.C. Sec. 175a), the records shall be provided
34 pursuant to subdivision (e) of Section 1776 of the Labor Code.
35 (vi) All construction contractors shall report any change in
36 apprenticeship program participation or health care expenditures
37 to the local government within 10 business days, and shall reflect
38 those changes on the monthly report. The reports shall be
39 considered public records pursuant to the California Public Records
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1 Act (Division 10 (commencing with Section 7920.000) of Title 1)
2 and shall be open to public inspection.
3 (vii) A joint labor-management cooperation committee
4 established pursuant to the federal Labor Management Cooperation
5 Act of 1978 (29 U.S.C. Sec. 175a) shall have standing to sue a
6 construction contractor for failure to make health care expenditures
7 pursuant to clause (iii) in accordance with Section 218.7 or 218.8
8 of the Labor Code.
9 (F) For any project over 85 feet in height above grade, the
10 following skilled and trained workforce provisions apply:
1 1 (i) Except as provided in clause (ii), the developer shall enter
12 into construction contracts with prime contractors only if all of the
13 following are satisfied:
14 (I) The contract contains an enforceable commitment that the
15 prime contractor and subcontractors at every tier will use a skilled
16 and trained workforce, as defined in Section 2601 of the Public
17 Contract Code, to perform work on the project that falls within an
18 apprenticeable occupation in the building and construction trades.
19 However, this enforceable commitment requirement shall not apply
20 to any scopes of work where new bids are accepted pursuant to
21 subclause (1) of clause (ii).
22 (11) The developer or prime contractor shall establish minimum
23 bidding requirements for subcontractors that are objective to the
24 maximum extent possible. The developer or prime contractor shall
25 not impose any obstacles in the bid process for subcontractors that
26 go beyond what is reasonable and commercially customary. The
27 developer or prime contractor must accept bids submitted by any
28 bidder that meets the minimum criteria set forth in the bid
29 solicitation.
30 (III) The prime contractor has provided an affidavit under
31 penalty of perjury that, in compliance with this subparagraph, it
32 will use a skilled and trained workforce and will obtain from its
33 subcontractors an enforceable commitment to use a skilled and
34 trained workforce for each scope of work in which it receives at
35 least three bids attesting to satisfaction of the skilled and trained
36 workforce requirements.
37 (IV) When a prime contractor or subcontractor is required to
38 provide an enforceable commitment that a skilled and trained
39 workforce will be used to complete a contract or project, the
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1 commitment shall be made in an enforceable agreement with the
2 developer that provides the following:
3 (ia) The prime contractor and subcontractors at every tier will
4 comply with this chapter.
5 (ib) The prime contractor- will provide the developer, on a
6 monthly basis while the project or contract is being performed, a
7 report demonstrating compliance by the prime contractor.
8 (ic) The prime contractor shall provide the developer, on a
9 monthly basis while the project or contract is being performed,
10 the monthly reports demonstrating compliance submitted to the
1 1 prime contractor by the affected subcontractors.
12 (ii) (I) If a prime contractor fails to receive at least three bids
13 in a scope of construction work from subcontractors that attest to
14 satisfying the skilled and trained workforce requirements as
15 described in this subparagraph, the prime contractor may accept
16 new bids for that scope of work. The prime contractor need not
17 require that a skilled and trained workforce be used by the
18 subcontractors for that scope of work.
19 (II) The requirements of this subparagraph shall not apply if all
20 contractors, subcontractors, and craft unions performing work on
21 the development are subject to a multicraft project labor agreement
22 that requires the payment of prevailing wages to all construction
23 workers employed in the execution of the development and
24 provides for enforcement of that obligation through an arbitration
25 procedure. The multicraft project labor agreement shall include
26 all construction crafts with applicable coverage determinations for
27 the specified scopes of work on the project pursuant to Section
28 1773 of the Labor Code and shall be executed by all applicable
29 labor organizations regardless of affiliation. For purposes of this
30 clause, "project labor agreement" means a prehire collective
31 bargaining agreement that establishes terms and conditions of
32 employment for a specific construction project or projects and is
33 an agreement described in Section 158(f) of Title 29 of the United
34 States Code.
35 (III) Requirements set forth in this subparagraph shall not apply
36 to projects where 100 percent of the units, exclusive of a manager's
37 unit or units, are dedicated to lower income households, as defined
38 in Section 50079.5 of the Health and Safety Code.
39 (iii) If the skilled and trained workforce requirements of this
40 subparagraph apply, the prime contractor shall require
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1 subcontractors to provide, and subcontractors on the project shall
2 provide, the following to the prime contractor:
3 (1) An affidavit signed under penalty of perjury that a skilled
4 and trained workforce shall be employed on the project.
5 (11) Reports on a monthly basis, while the project or contract is
6 being performed, demonstrating compliance with this chapter.
7 (iv) Upon issuing any invitation or bid solicitation for the
8 project, but no less than seven days before the bid is due, the
9 developer shall send a notice of the invitation or solicitation that
10 describes the project to the following entities within the jurisdiction
1 1 of the proposed project site:
12 (I) Any bona fide labor organization representing workers in
13 the building and construction trades who may perform work
14 necessary to complete the project and the local building and
15 construction trades council.
16 (11) Any organization representing contractors that may perform
17 work necessary to complete the project, including any contractors'
18 association or regional builders' exchange.
19 (v) The developer or prime contractor shall, within three
20 business days of a request by a joint labor-management cooperation
21 committee established pursuant to the federal Labor Management
22 Cooperation Act of 1978 (29 U.S.C. Sec. 175a), provide all of the
23 following:
24 (I) The names and Contractors State License Board numbers of
25 the prime contractor and any subcontractors that submitted a
26 proposal or bid for the development project.
27 (11) The names and Contractors State License Board numbers
28 of contractors and subcontractors that are under contract to perform
29 construction work.
30 (vi) (I) For all projects subject to this subparagraph, the
31 development proponent shall provide to the locality, on a monthly
32 basis while the project or contract is being performed, a report
33 demonstrating that the self -performing prime contractor and all
34 subcontractors used a skilled and trained workforce, as defined in
35 Section 2601 of the Public Contract Code, unless otherwise exempt
36 under this subparagraph. A monthly report provided to the locality
37 pursuant to this subclause shall be a public record under the
38 California Public Records Act Division 10 (commencing with
39 Section 7920.000) of Title 1 and shall be open to public inspection.
40 A developer that fails to provide a complete monthly report shall
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1 be subject to a civil penalty of 10 percent of the dollar value of
2 construction work performed by that contractor on the project in
3 the month in question, up to a maximum of ten thousand dollars
4 ($10,000) per month for each month for which the report has not
5 been provided.
6 (II) Any subcontractors or prime contractor self -performing
7 work subject to the skilled and trained workforce requirements
8 under this subparagraph that fail to use a skilled and trained
9 workforce shall be subject to a civil penalty of two hundred dollars
10 ($200) per day for each worker employed in contravention of the
11 skilled and trained workforce requirement. Penalties may be
12 assessed by the Labor Commissioner within 18 months of
13 completion of the project using the same issuance of civil wage
14 and penalty assessments pursuant to Section 1741 of the Labor
15 Code and may be reviewed pursuant to the same procedures in
16 Section 1742 of the Labor Code. Prime contractors shall not be
17 jointly liable for violations of this subparagraph by subcontractors.
18 Penalties shall be paid to the State Public Works Enforcement
19 Fund or the locality or its labor standards enforcement agency,
20 depending on the lead entity performing the enforcement work.
21 (111) Any provision of a contract or agreement of any kind
22 between a developer and a prime contractor that purports to
23 delegate, transfer, or assign to a prime contractor any obligations
24 of or penalties incurred by a developer shall be deemed contrary
25 to public policy and shall be void and unenforceable.
26 (G) A locality, and any labor standards enforcement agency the
27 locality lawfully maintains, shall have standing to take
28 administrative action or sue a construction contractor for failure
29 to comply with this paragraph. A prevailing locality or labor
30 standards enforcement agency shall distribute any wages and
31 penalties to workers in accordance with law and retain any fees,
32 additional penalties, or assessments.
33 (9) Notwithstanding paragraph (8), a development that is subject
34 to approval pursuant to this section is exempt from any requirement
35 to pay prevailing wages, use a workforce participating in an
36 apprenticeship, or provide health care expenditures if it satisfies
37 both of the following:
38 (A) The project consists of 10 or fewer units.
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1 (B) The project is not a public work for purposes of Chapter 1
2 (commencing with Section 1720) of Part 7 of Division 2 of the
3 Labor Code.
4 (10) The development shall not be upon an existing parcel of
5 land or site that is governed under the Mobilehome Residency Law
6 (Chapter 2.5 (commencing with Section 798) of Title 2 of Part 2
7 of Division 2 of the Civil Code), the Recreational Vehicle Park
8 Occupancy Law (Chapter 2.6 (commencing with Section 799.20)
9 of Title 2 of Part 2 of Division 2 of the Civil Code), the
10 Mobi lehome Parks Act (Part 2.1 (commencing with Section 18200)
11 of Division 13 of the Health and Safety Code), or the Special
12 Occupancy Parks Act (Part 2.3 (commencing with Section 18860)
13 of Division 13 of the Health and Safety Code).
14 (b) (1) (A) (1) Before submitting an application for a
15 development subject to the streamlined, ministerial approval
16 process described in subdivision (c), the development proponent
17 shal I submit to the local government a notice of its intent to submit
18 an application. The notice of intent shall be in the form of a
19 preliminary application that includes all of the information
20 described in Section 65941.1, as that section read on January 1,
21 2020.
22 (ii) Upon receipt of a notice of intent to submit an application
23 described in clause (i), the local government shall engage in a
24 scoping consultation regarding the proposed development with
25 any California Native American tribe that is traditionally and
26 culturally affiliated with the geographic area, as described in
27 Section 21080.3.1 of the Public Resources Code, of the proposed
28 development. In order to expedite compliance with this subdivision,
29 the local government shall contact the Native American Heritage
30 Commission for assistance in identifying any California Native
31 American tribe that is traditionally and culturally affiliated with
32 the geographic area of the proposed development.
33 (iii) The timeline for noticing and commencing a scoping
34 consultation in accordance with this subdivision shall be as follows:
35 (I) The local government shall provide a formal notice of a
36 development proponent's notice of intent to submit an application
37 described in clause (1) to each California Native American tribe
38 that is traditionally and culturally affiliated with the geographic
39 area of the proposed development within 30 days of receiving that
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1 notice of intent. The formal notice provided pursuant to this
2 subclause shall include all of the following:
3 (ia) A description of the proposed development.
4 (ib) The location of the proposed development.
5 (ic) An invitation to engage in a scoping consultation in
6 accordance with this subdivision.
7 (I1) Each California Native American tribe that receives a formal
8 notice pursuant to this clause shall have 30 days from the receipt
9 of that notice to accept the invitation to engage in a scoping
10 consultation.
l l (111) if the local government receives a response accepting an
12 invitation to engage in a scoping consultation pursuant to this
13 subdivision, the local government shall commence the scoping
14 consultation within 30 days of receiving that response.
15 (B) The scoping consultation shall recognize that California
16 Native American tribes traditionally and culturally affiliated with
17 a geographic area have knowledge and expertise concerning the
18 resources at issue and shall take into account the cultural
19 significance of the resource to the culturally affiliated California
20 Native American tribe.
21 (C) The parties to a scoping consultation conducted pursuant
22 to this subdivision shall be the local government and any California
23 Native American tribe traditionally and culturally affiliated with
24 the geographic area of the proposed development. More than one
25 California Native American tribe traditionally and culturally
26 affiliated with the geographic area of the proposed development
27 may participate in the scoping consultation. However, the local
28 government, upon the request of any California Native American
29 tribe traditionally and culturally affiliated with the geographic area
30 of the proposed development, shall engage in a separate scoping
31 consultation with that California Native American tribe. The
32 development proponent and its consultants may participate in a
33 scoping consultation process conducted pursuant to this subdivision
34 if all of the following conditions are met:
35 (i) The development proponent and its consultants agree to
36 respect the principles set forth in this subdivision.
37 (ii) The development proponent and its consultants engage in
38 the scoping consultation in good faith.
39 (iii) The California Native American tribe participating in the
40 scoping consultation approves the participation of the development
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1 proponent and its consultants. The California Native American
2 tribe may rescind its approval at any time during the scoping
3 consultation, either for the duration of the scoping consultation or
4 with respect to any particular meeting or discussion held as part
5 of the scoping consultation.
6 (D) The participants to a scoping consultation pursuant to this
7 subdivision shall comply with all of the following confidentiality
8 requirements:
9 (i) Section 7927.000.
10 (ii) Section 7927.005.
11 (iii) Subdivision (c) of Section 21082.3 of the Public Resources
12 Code.
13 (iv) Subdivision (d) of Section 15120 of Title 14 of the
14 California Code of Regulations.
15 (v) Any additional confidentiality standards adopted by the
16 California Native American tribe participating in the scoping
17 consultation.
18 (E) The California Environmental Quality Act (Division 13
19 (commencing with Section 21000) of the Public Resources Code)
20 shall not apply to a scoping consultation conducted pursuant to
21 this subdivision.
22 (2) (A) If, after concluding the scoping consultation, the parties
23 find that no potential tribal cultural resource would be affected by
24 the proposed development, the development proponent may submit
25 an application for the proposed development that is subject to the
26 streamlined, ministerial approval process described in subdivision
27 (c).
28 (B) If, after concluding the scoping consultation, the parties
29 find that a potential tribal cultural resource could be affected by
30 the proposed development and an enforceable agreement is
31 documented between the California Native American tribe and the
32 local government on methods, measures, and conditions for tribal
33 cultural resource treatment, the development proponent may submit
34 the application for a development subject to the streamlined,
35 ministerial approval process described in subdivision (c). The local
36 government shall ensure that the enforceable agreement is included
37 in the requirements and conditions for the proposed development.
38 (C) If, after concluding the scoping consultation, the parties
39 find that a potential tribal cultural resource could be affected by
40 the proposed development and an enforceable agreement is not
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1 documented between the California Native American tribe and the
2 local government regarding methods, measures, and conditions
3 for tribal cultural resource treatment, the development shall not
4 be eligible for the streamlined, ministerial approval process
5 described in subdivision (c).
6 (D) For purposes of this paragraph, a scoping consultation shall
7 be deemed to be concluded if either of the following occur:
8 (1) The parties to the scoping consultation document an
9 enforceable agreement concerning methods, measures, and
10 conditions to avoid or address potential impacts to tribal cultural
1 1 resources that are or may be present.
12 (ii) One or more parties to the scoping consultation, acting in
13 good faith and after reasonable effort, conclude that a mutual
14 agreement on methods, measures, and conditions to avoid or
15 address impacts to tribal cultural resources that are or may be
16 present cannot be reached.
17 (E) If the development or environmental setting substantially
18 changes after the completion of the scoping consultation, the local
19 government shall notify the California Native American tribe of
20 the changes and engage in a subsequent scoping consultation if
21 requested by the California Native American tribe.
22 (3) A local government may only accept an application for
23 streamlined, ministerial approval pursuant to this section if one of
24 the following applies:
25 (A) A California Native American tribe that received a formal
26 notice of the development proponent's notice of intent to submit
27 an application pursuant to subclause (I) of clause (iii) of
28 subparagraph (A) of paragraph (1) did not accept the invitation to
29 engage in a scoping consultation.
30 (B) The California Native American tribe accepted an invitation
31 to engage in a scoping consultation pursuant to subclause (II) of
32 clause (iii) of subparagraph (A) of paragraph (1) but substantially
33 failed to engage in the scoping consultation after repeated
34 documented attempts by the local government to engage the
35 California Native American tribe.
36 (C) The parties to a scoping consultation pursuant to this
37 subdivision find that no potential tribal cultural resource will be
38 affected by the proposed development pursuant to subparagraph
39 (A) of paragraph (2).
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1 (D) A scoping consultation between a California Native
2 American tribe and the local government has occurred in
3 accordance with this subdivision and resulted in agreement
4 pursuant to subparagraph (B) of paragraph (2).
5 (4) A project shall not be eligible for the streamlined, ministerial
6 process described in subdivision (c) if any of the following apply:
7 (A) There is a tribal cultural resource that is on a national, state,
8 tribal, or local historic register list located on the site of the project.
9 (B) There is a potential tribal cultural resource that could be
10 affected by the proposed development and the parties to a scoping
11 consultation conducted pursuant to this subdivision do not
12 document an enforceable agreement on methods, measures, and
13 conditions for tribal cultural resource treatment, as described in
14 subparagraph (C) of paragraph (2).
15 (C) The parties to a scoping consultation conducted pursuant
16 to this subdivision do not agree as to whether a potential tribal
17 cultural resource will be affected by the proposed development.
18 (5) (A) If, after a scoping consultation conducted pursuant to
19 this subdivision, a project is not eligible for the streamlined,
20 ministerial approval process described in subdivision (c) for any
21 or all of the following reasons, the local government shall provide
22 written documentation of that fact, and an explanation of the reason
23 for which the project is not eligible, to the development proponent
24 and to any California Native American tribe that is a party to that
25 scoping consultation:
26 (1) There is a tribal cultural resource that is on a national, state,
27 tribal, or local historic register list located on the site of the project,
28 as described in subparagraph (A) of paragraph (4).
29 (ii) The parties to the scoping consultation have not documented
30 an enforceable agreement on methods, measures, and conditions
31 for tribal cultural resource treatment, as described in subparagraph
32 (C) of paragraph (2) and subparagraph (B) of paragraph (4).
33 (iii) The parties to the scoping consultation do not agree as to
34 whether a potential tribal cultural resource will be affected by the
35 proposed development, as described in subparagraph (C) of
36 paragraph (4).
37 (B) The written documentation provided to a development
38 proponent pursuant to this paragraph shall include information on
39 how the development proponent may seek a conditional use permit
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1 or other discretionary approval of the development from the local
2 government.
3 (6) This section is not intended, and shall not be construed, to
4 limit consultation and discussion between a local government and
5 a California Native American tribe pursuant to other applicable
6 law, confidentiality provisions under other applicable law, the
7 protection of religious exercise to the fullest extent permitted under
8 state and federal law, or the ability of a California Native American
9 tribe to submit information to the local government or participate
10 in any process of the local government.
11 (7) For purposes of this subdivision:
12 (A) "Consultation" means the meaningful and timely process
13 of seeking, discussing, and considering carefully the views of
14 others, in a manner that is cognizant of all parties' cultural values
15 and, where feasible, seeking agreement. Consultation between
16 local governments and Native American tribes shall be conducted
17 in a way that is mutually respectful of each party's sovereignty.
18 Consultation shall also recognize the tribes' potential needs for
19 confidentiality with respect to places that have traditional tribal
20 cultural importance. A lead agency shall consult the tribal
21 consultation best practices described in the "State of California
22 Tribal Consultation Guidelines: Supplement to the General Plan
23 Guidelines" prepared by the Office of Planning and Research.
24 (B) "Scoping" means the act of participating in early discussions
25 or investigations between the local government and California
26 Native American tribe, and the development proponent if
27 authorized by the California Native American tribe, regarding the
28 potential effects a proposed development could have on a potential
29 tribal cultural resource, as defined in Section 21074 of the Public
30 Resources Code, or California Native American tribe, as defined
31 in Section 21073 of the Public Resources Code.
32 (8) This subdivision shall not apply to any project that has been
33 approved under the streamlined, ministerial approval process
34 provided under this section before the effective date of the act
35 adding this subdivision.
36 (c) (1) Notwithstanding any local law, if a local government's
37 planning director or equivalent position determines that a
38 development submitted pursuant to this section is consistent with
39 the objective planning standards specified in subdivision (a) and
40 pursuant to paragraph (3) of this subdivision, the local government
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1 shall approve the development. Upon a determination that a
2 development submitted pursuant to this section is in conflict with
3 any of the objective planning standards specified in subdivision
4 (a), the local government staff or relevant local planning and
5 permitting department that made the determination shall provide
6 the development proponent written documentation of which
7 standard or standards the development conflicts with, and an
8 explanation for the reason or reasons the development conflicts
9 with that standard or standards, as follows:
10 (A) Within 60 days of submittal of the development to the local
1 1 government pursuant to this section if the development contains
12 150 or fewer housing units.
13 (B) Within 90 days of submittal of the development to the local
14 government pursuant to this section if the development contains
15 more than 150 housing units.
16 (C) Within 30 days of submittal of any development proposal
17 that was resubmitted to address written feedback provided by the
18 local government pursuant to this paragraph.
19 (2) If the local government's planning director or equivalent
20 position fails to provide the required documentation pursuant to
21 paragraph (1), the development shall be deemed to satisfy the
22 objective planning standards specified in subdivision (a).
23 (3) For purposes of this section, and except as provided in
24 paragraph (4), a development is consistent with the objective
25 planning standards specified in subdivision (a) if there is substantial
26 evidence that would allow a reasonable person to conclude that
27 the development is consistent with the objective planning standards.
28 The local government shall not determine that a development,
29 including an application for a modification under subdivision (h),
30 is in conflict with the objective planning standards on the basis
31 that application materials are not included, if the application
32 contains substantial evidence that would allow a reasonable person
33 to conclude that the development is consistent with the objective
34 planning standards.
35 (4) Notwithstanding paragraph (3), in any evaluation of a
36 development under this section related to compliance with
37 paragraph (6) of subdivision (a), the local government shall bear
38 the burden of proof. It shall demonstrate, with a preponderance
39 of the evidence, that the development does not comply with
40 applicable environmental criteria established under state or federal
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1 law. This demonstration shall include detailed written findings
2 that sped the environmental criteria the project fails to meet
3 and provide a clear linkage to the empirical or scientific evidence
4 supporting these written findings.
5 HJ
6 (5) Upon submittal of an application for streamlined, ministerial
7 approval pursuant to this section to the local government, all
8 departments of the local government that are required to issue an
9 approval of the development prior to the granting of an entitlement
10 shall comply with the requirements of this section within the time
1 1 periods specified in paragraph (1).
12 (d) (1) Any design review of the development may be conducted
13 by the local government's planning commission or any equivalent
14 board or commission responsible for design review. That design
15 review shall be objective and be strictly focused on assessing
16 compliance with criteria required for streamlined projects, as well
17 as any reasonable objective design standards published and adopted
18 by ordinance or resolution by a local jurisdiction before submission
19 of a development application, and shall be broadly applicable to
20 development within the jurisdiction. That design review shall be
21 completed, and if the development is consistent with all objective
22 standards, the local government shall approve the development as
23 follows and shall not in any way inhibit, chill, or preclude the
24 ministerial approval provided by this section or its effect, as
25 applicable:
26 (A) Within 90 days of submittal of the development to the local
27 government pursuant to this section if the development contains
28 150 or fewer housing units.
29 (B) Within 180 days of submittal of the development to the
30 local government pursuant to this section if the development
31 contains more than 150 housing units.
32 (2) An application for a subdivision pursuant to the Subdivision
33 Map Act (Division 2 (commencing with Section 66410)) shall be
34 exempt from the requirements of the California Environmental
35 Quality Act (Division 13 (commencing with Section 21000) of
36 the Public Resources Code) and shall be subject to the public
37 oversight timelines set forth in paragraph (1) if the development
38 is consistent with the requirements of this section, including, but
39 not limited to, paragraph (8) of subdivision (a), and all objective
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1 subdivision standards in the local subdivision ordinance, and meets
2 at least one of the following requirements:
3 (A) The development has received or will receive financing or
4 funding by means of a low-income housing tax credit.
5 (B) The development is located on a legal parcel or parcels
6 within either of the following:
7 (1) An incorporated city, the boundaries of which include some
8 portion of an urbanized area.
9 (ii) An urbanized area or urban cluster in a county with a
10 population greater than 250,000 based on the most recent United
1 1 States Census Bureau data.
12 (iii) For purposes of this subparagraph, the following definitions
13 apply:
14 (I) "Urbanized area" means an urbanized area designated by
15 the United States Census Bureau, as published in the Federal
16 Register, Volume 77, Number 59, on March 27, 2012.
17 (11) "Urban cluster" means an urban cluster designated by the
18 United States Census Bureau, as published in the Federal Register,
19 Volume 77, Number 59, on March 27, 2012.
20 (3) If a local government determines that a development
21 submitted pursuant to this section is in conflict with any of the
22 standards imposed pursuant to paragraph (1), it shall provide the
23 development proponent written documentation of which objective
24 standard or standards the development conflicts with, and an
25 explanation for the reason or reasons the development conflicts
26 with that objective standard or standards consistent with the
27 timelines described in paragraph (1) of subdivision (c).
28 (e) (1) Notwithstanding any other law, a local government,
29 whether or not it has adopted an ordinance governing automobile
30 parking requirements in multifamily developments, shall not
31 impose automobile parking standards for a streamlined
32 development that was approved pursuant to this section in any of
33 the following instances:
34 (A) The development is located within one-half mile of public
35 transit.
36 (B) The development is located within an architecturally and
37 historically significant historic district.
38 (C) When on -street parking permits are required but not offered
39 to the occupants of the development.
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(D) When there is a car share vehicle located within one block
of the development.
(2) If the development does not fall within any of the categories
described in paragraph (1), the local government shal I not impose
automobile parking requirements for streamlined developments
approved pursuant to this section that exceed one parking space
per unit.
(f) Notwithstanding any law, a local government shall not
require any of the following prior to approving a development that
meets the requirements of this section:
(1) Studies, information, or other materials that do not pertain
directly to determining whether the development is consistent with
the objective planning standards applicable to the development.
(2) (A) Compliance with any standards necessary to receive a
postentitlement permit.
(B) This paragraph does not prohibit a local agency from
requiring compliance with any standards necessary to receive a
postentitlement permit after a permit has been issued pursuant to
this section.
(C) For purposes of this paragraph, "postentitlement permit"
has the same meaning as provided in subparagraph (A) of
paragraph (3) of subdivision 0) of Section 65913.3.
(g) (1) If a local government approves a development pursuant
to this section, then, notwithstanding any other law, that approval
shall not expire if the project satisfies both of the following
requirements:
(A) The project includes public investment in housing
affordability, beyond tax credits.
(B) At least 50 percent of the units are affordable to households
making at or below 80 percent of the area median income.
(2) (A) If a local government approves a development pursuant
to this section, and the project does not satisfy the requirements
of subparagraphs (A) and (B) of paragraph (1), that approval shall
remain valid for three years from the date of the final action
establishing that approval, or if litigation is filed challenging that
approval, from the date of the final judgment upholding that
approval. Approval shall remain valid for a project provided
construction activity, including demolition and grading activity,
on the development site that has begun pursuant to a permit issued
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— 43 — SR 677
1 by the local jurisdiction and is in progress. For purposes of this
2 subdivision, "in progress" means one of the following:
3 (i) The construction has begun and has not ceased for more than
4 180 days.
5 (ii) if the development requires multiple building permits, an
6 initial phase has been completed, and the project proponent has
7 applied for and is diligently pursuing a building permit for a
8 subsequent phase, provided that once it has been issued, the
9 building permit for the subsequent phase does not lapse.
10 (B) Notwithstanding subparagraph (A), a local government may
11 grant a project a one-time, one-year extension if the project
12 proponent can provide documentation that there has been
13 significant progress toward getting the development construction
14 ready, such as filing a building permit application.
15 (3) if the development proponent requests a modification
16 pursuant to subdivision (h), then the time during which the approval
17 shall remain valid shall be extended for the number of days
18 between the submittal of a modification request and the date of its
19 final approval, plus an additional 180 days to allow time to obtain
20 a building permit. If litigation is filed relating to the modification
21 request, the time shall be further extended during the pendency of
22 the litigation. The extension required by this paragraph shall only
23 apply to the first request for a modification submitted by the
24 development proponent.
25 (4) The amendments made to this subdivision by the act that
26 added this paragraph shall also be retroactively applied to
27 developments approved prior to January 1, 2022.
28 (h) (1) (A) A development proponent may request a
29 modification to a development that has been approved under the
30 streamlined, ministerial approval process provided in subdivision
31 (c) if that request is submitted to the local government before the
32 issuance of the final building permit required for construction of
33 the development.
34 (B) Except as provided in paragraph (3), the local government
35 shall approve a modification if it determines that the modification
36 is consistent with the objective planning standards specified in
37 subdivision (a) that were in effect when the original development
38 application was first submitted.
39 (C) The local government shall evaluate any modifications
40 requested pursuant to this subdivision for consistency with the
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SB 677 — 44 —
1 objective planning standards using the same assumptions and
2 analytical methodology that the local government originally used
3 to assess consistency for the development that was approved for
4 streamlined, ministerial approval pursuant to subdivision (c).
5 (D) A guideline that was adopted or amended by the department
6 pursuant to subdivision (n) after a development was approved
7 through the streamlined, ministerial approval process described in
8 subdivision (c) shall not be used as a basis to deny proposed
9 modifications.
10 (2) Upon receipt of the development proponent's application
1 1 requesting a modification, the local government shall determine
12 if the requested modification is consistent with the objective
13 planning standard and either approve or deny the modification
14 request within 60 days after submission of the modification, or
15 within 90 days if design review is required.
16 (3) Notwithstanding paragraph (1), the local government may
17 apply objective planning standards adopted after the development
18 application was first submitted to the requested modification in
19 any of the following instances:
20 (A) The development is revised such that the total square footage
21 of construction increases by 15 percent or more or the total number
22 of residential units decreases by 15 percent or more. The calculation
23 of the square footage of construction increases shall not include
24 underground space.
25 (B) The development is revised such that the total square footage
26 of construction increases by 5 percent or more or the total number
27 of residential units decreases by 5 percent or more and it is
28 necessary to subject the development to an objective standard
29 beyond those in effect when the development application was
30 submitted in order to mitigate or avoid a specific, adverse impact,
31 as that term is defined in subparagraph (A) of paragraph (1) of
32 subdivision 0) of Section 65589.5, upon the public health or safety
33 and there is no feasible alternative method to satisfactorily mitigate
34 or avoid the adverse impact. The calculation of the square footage
35 of construction increases shall not include underground space.
36 (C) (1) Objective building standards contained in the California
37 Building Standards Code (Title 24 of the California Code of
38 Regulations), including, but not limited to, building plumbing,
39 electrical, fire, and grading codes, may be applied to all
40 modification applications that are submitted prior to the first
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— 45 — SR 677
1 building permit application. Those standards may be applied to
2 modification applications submitted after the first building permit
3 application if agreed to by the development proponent.
4 (ii) The amendments made to clause (i) by the act that added
5 clause (i) shall also be retroactively applied to modification
6 applications submitted prior to January 1, 2022.
7 (4) The local government's review of a modification request
8 pursuant to this subdivision shall be strictly limited to determining
9 whether the modification, including any modification to previously
10 approved density bonus concessions or waivers, modify the
1 1 development's consistency with the objective planning standards
12 and shall not reconsider prior determinations that are not affected
13 by the modification.
14 (1) (1) A local government shall not adopt or impose any
15 requirement, including, but not limited to, increased fees or
16 inclusionaty housing requirements, that applies to a project solely
17 or partially on the basis that the project is eligible to receive
18 ministerial or streamlined approval pursuant to this section.
19 (2) (A) A local government shall issue a subsequent permit
20 required for a development approved under this section if the
21 application substantially complies with the development as it was
22 approved pursuant to subdivision (c). Upon receipt of an
23 application for a subsequent permit, the local government shall
24 process the permit without unreasonable delay and shall not impose
25 any procedure or requirement that is not imposed on projects that
26 are not approved pursuant to this section. The local government
27 shall consider the application for subsequent permits based upon
28 the objective standards specified in any state or local laws that
29 were in effect when the original development application was
30 submitted, unless the development proponent agrees to a change
31 in objective standards. Issuance of subsequent permits shall
32 implement the approved development, and review of the permit
33 application shall not inhibit, chill, or preclude the development.
34 For purposes of this paragraph, a "subsequent permit" means a
35 permit required subsequent to receiving approval under subdivision
36 (c), and includes, but is not limited to, demolition, grading,
37 encroachment, and building permits and final maps, if necessary.
38 (B) The amendments made to subparagraph (A) by the act that
39 added this subparagraph shall also be retroactively applied to
40 subsequent permit applications submitted prior to January 1, 2022.
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SB 677 — 46 —
1 (3) (A) If a public improvement is necessary to implement a
2 development that is subject to the streamlined, ministerial approval
3 pursuant to this section, including, but not limited to, a bicycle
4 lane, sidewalk or walkway, public transit stop, driveway, street
5 paving or overlay, a curb or gutter, a modified intersection, a street
6 sign or street light, landscape or hardscape, an above -ground or
7 underground utility connection, a water line, fire hydrant, storm
8 or sanitary sewer connection, retaining wall, and any related work,
9 and that public improvement is located on land owned by the local
10 government, to the extent that the public improvement requires
1 1 approval from the local government, the local government shall
12 not exercise its discretion over any approval relating to the public
13 improvement in a manner that would inhibit, chill, or preclude the
14 development.
15 (B) If an application for a public improvement described in
16 subparagraph (A) is submitted to a local government, the local
17 government shall do all of the following:
18 (1) Consider the application based upon any objective standards
19 specified in any state or local laws that were in effect when the
20 original development application was submitted.
21 (ii) Conduct its review and approval in the same manner as it
22 would evaluate the public improvement if required by a project
23 that is not eligible to receive ministerial or streamlined approval
24 pursuant to this section.
25 (C) If an application for a public improvement described in
26 subparagraph (A) is submitted to a local government, the local
27 government shal I not do either of the following:
28 (i) Adopt or impose any requirement that applies to a project
29 solely or partially on the basis that the project is eligible to receive
30 ministerial or streamlined approval pursuant to this section.
31 (ii) Unreasonably delay in its consideration, review, or approval
32 of the application.
33 0) (1) This section shall not affect a development proponent's
34 ability to use any alternative streamlined by right permit processing
35 adopted by a local government, including the provisions of
36 subdivision (1) of Section 65583.2.
37 (2) This section shall not prevent a development from also
38 qualifying as a housing development project entitled to the
39 protections of Section 65589.5. This paragraph does not constitute
40 a change in, but is declaratory of, existing law.
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— 47 — SR 677
1 (k) The California Environmental Quality Act (Division 13
2 (commencing with Section 21000) of the Public Resources Code)
3 does not apply to actions taken by a state agency, local government,
4 or the San Francisco Bay Area Rapid Transit District to:
5 (1) Lease, convey, or encumber land owned by the local
6 government or the San Francisco Bay Area Rapid Transit District
7 or to facilitate the lease, conveyance, or encumbrance of land
8 owned by the local government, or for the lease of land owned by
9 the San Francisco Bay Area Rapid Transit District in association
10 with an eligible TOD project, as defined pursuant to Section
11 29010.1 of the Public Utilities Code, not- to any decisions
12 associated with that lease, or to provide financial assistance to a
13 development that receives streamlined approval pursuant to this
14 section that is to be used for housing for persons and families of
15 very low, low, or moderate income, as defined in Section 50093
16 of the Health and Safety Code.
17 (2) Approve improvements located on land owned by the local
18 government or the San Francisco Bay Area Rapid Transit District
19 that are necessary to implement a development that receives
20 streamlined approval pursuant to this section that is to be used for
21 housing for persons and families of very low, low, or moderate
22 income, as defined in Section 50093 of the Health and Safety Code.
23 (1) For purposes of establishing the total number of units in a
24 development under this chapter, a development or development
25 project includes both of the following:
26 (1) All projects developed on a site, regardless of when those
27 developments occur.
28 (2) All projects developed on sites adjacent to a site developed
29 pursuant to this chapter if, after January 1, 2023, the adjacent site
30 had been subdivided from the site developed pursuant to this
31 chapter.
32 (m) For purposes of this section, the following terms have the
33 following meanings:
34 (1) "Affordable housing cost" has the same meaning asset forth
35 in Section 50052.5 of the Health and Safety Code.
36 (2) (A) Subject to the qualification provided by subparagraphs
37 (B) and (C), "affordable rent" has the same meaning as set forth
38 in Section 50053 of the Health and Safety Code.
39 (B) For a development for which an application pursuant to this
40 section was submitted prior to January 1, 2019, that includes 500
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SB 677 — 48 —
1 units or more of housing, and that dedicates 20 percent of the total
2 number of units, before calculating any density bonus, to housing
3 affordable to households making at, or below, 80 percent of the
4 area median income, affordable rent for at least 30 percent of these
5 units shall be set at an affordable rent as defined in subparagraph
6 (A) and "affordable rent" for the remainder of these units shall
7 mean a rent that is consistent with the maximum rent levels for a
8 housing development that receives an allocation of state or federal
9 low-income housing tax credits from the California Tax Credit
10 Allocation Committee.
11 (C) For a development that dedicates 100 percent of units,
12 exclusive of a manager's unit or units, to lower income households,
13 "affordable rent" shall mean a rent that is consistent with the
14 maximum rent levels stipulated by the public program providing
15 financing for the development.
16 (3) "Department" means the Department of Housing and
17 Community Development.
18 (4) "Development proponent" means the developer who submits
19 a housing development project application to a local government
20 under the streamlined ministerial review process pursuant to this
21 section.
22 (5) "Completed entitlements" means a housing development
23 that has received all the required land use approvals or entitlements
24 necessary for the issuance of a building permit.
25 (6) "Health care expenditures" include contributions under
26 Section 401(a), 501(c), or 501(d) of the Internal Revenue Code
27 and payments toward "medical care," as defined in Section
28 213(d)(1) of the internal Revenue Code.
29 (7) "Housing development project" has the same meaning as in
30 Section 65589.5.
31 (8) "Locality" or "local government" means a city, including a
32 charter city, a county, including a charter county, or a city and
33 county, including a charter city and county.
34 (9) "Moderate -income housing units" means housing units with
35 an affordable housing cost or affordable rent for persons and
36 families of moderate income, as that term is defined in Section
37 50093 of the Health and Safety Code.
38 (10) "Production report" means the information reported
39 pursuant to subparagraph (H) of paragraph (2) of subdivision (a)
40 of Section 65400.
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— 49 — SR 677
1 (11) "State agency" includes every state office, officer,
2 department, division, bureau, board, and commission, but does not
3 include the California State University or the University of
4 California.
5 (12) (A) "Reporting period" means eit-hei any of the following:
6 .
7 .
8 (1) The first quarter of the regional housing needs assessment
9 cycle.
10 (ii) The second quarter of the regional housing needs assessment
11 cycle.
12 (iii) The third quarter of the regional housing needs assessment
13 cycle.
14 (iv) The last quarter of the regional housing needs assessment
15 cycle.
16 (B) Notwithstanding subparagraph (A), "reporting period"
17 means annually for the City and County of San Francisco.
18 (13) "Urban uses" means any current or former residential,
19 commercial, public institutional, public park that is surrounded by
20 other urban uses, parking lot or structure, transit or transportation
21 passenger facility, or retail use, or any combination of those uses.
22 (n) The department may review, adopt, amend, and repeal
23 guidelines to implement uniform standards or criteria that
24 supplement or clarify the terms, references, or standards set forth
25 in this section. Any guidelines or terms adopted pursuant to this
26 subdivision shall not be subject to Chapter 3.5 (commencing with
27 Section 1 1340) of Pail 1 of Division 3 of Title 2 of the Government
28 Code.
29 (o) The determination of whether an application for a
30 development is subject to the streamlined ministerial approval
31 process provided by subdivision (c) is not a "project" as defined
32 in Section 21065 of the Public Resources Code.
33 (p) Notwithstanding any other law, for purposes of this section
34 and for development in compliance with the requirements of this
35 section on property owned by or leased to the state, the Department
36 of General Services may act in the place of a locality or local
37 government, at the discretion of the department.
38 (q) (1) For developments proposed in a census tract that is
39 designated either as a moderate resource area, low resource area,
40 or an area of high segregation and poverty on the most recent
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SB 677 — 50 —
1 "CTCAC/HCD Opportunity Map" published by the California
2 Tax Credit Allocation Committee and the Department of Housing
3 and Community Development, within 45 days after receiving a
4 notice of intent, as described in subdivision (b), and before the
5 development proponent submits an application for the proposed
6 development that is subject to the streamlined, ministerial approval
7 process described in subdivision (c), the local government shall
8 provide for a public meeting to be held by the city council or
9 county board of supervisors to provide an opportunity for the public
10 and the local government to comment on the development.
11 (2) The public meeting shall be held at a regular- meeting and
12 be subject to the Ralph M. Brown Act (Chapter 9 (commencing
13 with Section 54950) of Part 1 of Division 2 of Title 5).
14 (3) If the development proposal is located within a city with a
15 population of greater than 250,000 or the unincorporated area of
16 a county with a population of greater than 250,000, the public
17 meeting shall be held by the jurisdiction's planning commission.
18 (4) Comments may be provided by testimony during the meeting
19 or in writing at any time before the meeting concludes.
20 (5) The development proponent shall attest in writing that it
21 attended the meeting described in paragraph (1) and reviewed the
22 public testimony and written comments from the meeting in its
23 application for the proposed development that is subject to the
24 streamlined, ministerial approval process described in subdivision
25 (c).
26 (6) If the local government fails to hold the hearing described
27 in paragraph (1) within 45 days after receiving the notice of intent,
28 the development proponent shall hold a public meeting on the
29 proposed development before submitting an application pursuant
30 to this section.
31 (r) (1) This section shall not apply to applications for
32 developments proposed on qualified sites that are submitted on or
33 after January 1, 2024, but before July 1, 2025.
34 (2) For purposes of this subdivision, "qualified site" means a
35 site that meets the following requirements:
36 (A) The site is located within an equine or equestrian district
37 designated by a general plan or specific or master plan, which may
38 include a specific narrative reference to a geographically
39 determined area or map of the same. Parcels adjoined and only
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— 51— SR 677
1 separated by a street or highway shall be considered to be within
2 an equestrian district.
3 (B) As of January 1, 2024, the general plan applicable to the
4 site contains, and has contained for five or more years, an equine
5 or equestrian district designation where the site is located.
6 (C) As of January 1, 2024, the equine or equestrian district
7 applicable to the site is not zoned to include residential uses, but
8 authorizes residential uses with a conditional use permit.
9 (D) The applicable local government has an adopted housing
10 element that is compliant with applicable law.
11 (3) The Legislature finds and declares that the purpose of this
12 subdivision is to allow local governments to conduct general plan
13 updates to align their general plan with applicable zoning changes.
14 (s) The provisions of clause (iii) of subparagraph (E) of
15 paragraph (8) of subdivision (a) relating to health care expenditures
16 are distinct and severable from the remaining provisions of this
17 section. However, the remaining portions of paragraph (8) of
18 subdivision (a) are a material and integral part of this section and
19 are not severable. If any provision or application of paragraph (8)
20 of subdivision (a) is held invalid, this entire section shall be null
21 and void.
22 (t) (1) The changes made to this section by the act adding this
23 subdivision shall apply in a coastal zone, as defined in Division
24 20 (commencing with Section 30000) of the Public Resources
25 Code, on and after January 1, 2025.
26 (2) In an area of the coastal zone not excluded under paragraph
27 (6) of subdivision (a), a development that satisfies the requirements
28 of subdivision (a) shall require a coastal development permit
29 pursuant to Chapter 7 (commencing with Section 30600) of
30 Division 20 of the Public Resources Code. A public agency with
31 coastal development permitting authority shall approve a coastal
32 development permit if it determines that the development is
33 consistent with all objective standards of the local government's
34 certified local coastal program or, for areas that are not subject to
35 a fully certified local coastal program, the certified land use plan
36 of that area.
37 (3) For purposes of this section, receipt of any density bonus,
38 concessions, incentives, waivers or reductions of development
39 standards, and parking ratios to which the applicant is entitled
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SB 677 — 52 —
1 under Section 65915 shall not constitute a basis to find the project
2 inconsistent with the local coastal program.
3 (u) it is the policy of the state that this section be interpreted
4 and implemented in a manner to afford the ful lest possible weight
5 to the interest of, and the approval and provision of, increased
6 housing supply.
7 (v) This section shall remain in effect only until January 1, 2036,
8 and as of that date is repealed.
9 SEC. 4. Section 66411.7 of the Government Code is amended
10 to read:
11 66411.7. (a) Notwithstanding any other provision of this
12 division and any local law, a local agency shall ministerially
13 approve, as set forth in this section, a parcel map for an urban lot
14 split only if the local agency determines that the parcel map for
15 the urban lot split meets all the following requirements:
16 (1) The parcel map subdivides an existing parcel to create no
17 more than two new pateels of approximately equal lot afe
18
19 the lot afea of the origiftal pafeel proposed f6r subtlivisiott. parcels.
20 (2) (A) Except as provided in subparagraph (B), both newly
21 created parcels are no smaller than 1,200 square feet.
22 (B) A local agency may by ordinance adopt a smaller minimum
23 lot size subject to ministerial approval under- this subdivision.
24 (3) Newly created lots subdivided pursuant to this section are
25 not required to comply with any of the following requirements:
26 (A) A minimum or maximum requirement on the size, width,
27 depth, fVontage, or dimensions of* any individual parcel beyond
28 the minimum parcel size specified in, or established pursuant to,
29 paragraph (1) of subdivision (a) of this section.
30 (B) The formation of an association.
31 (C) A deed restriction or covenant that restricts rents to levels
32 affordable to persons and families of moderate income, as defined
33 in subdivision (m) of Section 65582, or lower income, as defined
34 in subdivision (1) of Section 65582.
35 {�
36 (4) The parcel being subdivided meets all the following
37 requirements:
38 (A) The parcel is located within a residential zone.
39 (B) The parcel subject to the proposed urban lot split is located
40 within a city, the boundaries of which include some portion of
99
— 53 — SR 677
1 either an urbanized area or urban cluster, as designated by the
2 United States Census Bureau, or, for unincorporated areas, a legal
3 parcel wholly within the boundaries of an urbanized area or urban
4 cluster, as designated by the United States Census Bureau.
5 (C) The parcel satisfies the requirements specified in
6 subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision
7 (a) of Section .
8 65913.4.
9 (D) (i) The proposed urban lot split would not require
10 demolition or alteration of any of the following types of housing:
11 (4)
12 (1) Housing that is subject to a recorded covenant, ordinance,
13 or law that restricts rents to levels affordable to persons and
14 families off-moderale, or vefy low itteome. moderate income,
15 as defined in subdivision (m) of Section 65582, or lower income,
16 as defined in subdivision (l) of Section 65582.
17 00
18 (11) Housing that is subject to any form of rent or price control
19 through a public entity's valid exercise of its police power.
20
21 (III) A parcel or parcels on which an owner of residential real
22 property has exercised the owner's rights under Chapter 12.75
23 (commencing with Section 7060) of Division 7 of Title l to
24 withdraw accommodations from rent or lease within 15 years
25 before the date that the development proponent submits an
26 application.
27
28 (IV) Housing that has been occupied by a tenant in the last three
29 years.
30 (ii) This subparagraph shall not apply if a structure on the
31 development site that includes at least one housing unit was
32 involuntarily damaged or destroyed by an earthquake, catastrophic
33 event, or the public enemy.
34 (E) The parcel is not located within a historic district or property
35 included on the State Historic Resources Inventory, as defined in
36 Section 5020.1 of the Public Resources Code, or within a site that
37 is designated or listed as a city or county landmark or historic
38 property or district pursuant to a city or county ordinance.
39 (F) The parcel has not been established through prior exercise
40 of an urban lot split as provided for in this section.
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SB 677 — 54 —
1
2
3
4seetion.
5 (b) An application for a parcel map for an urban lot split shall
6 be approved in accordance with the following requirements:
7 (1) (A) A local agency shall approve or deny an application for
8 a parcel map for an urban lot split ministerially without
9 discretionary review.
10 (B) An application for an urban lot split shall be considered and
11 approved or denied within 60 days from the date the local agency
12 receives a completed application. If the local agency has not
13 approved or denied the completed application within 60 days, the
14 application shall be deemed approved.
15 (C) If a permitting agency denies an application for an urban
16 lot split pursuant to subparagraph (B), the permitting agency shall,
17 within the time period described in subparagraph (B), return in
18 writing a full set of comments to the applicant with a list of items
19 that are defective or deficient and a description of how the
20 application can be remedied by the applicant.
21 (D) Any action or proceeding to attack, review, set aside, void,
22 or annul the decision of a local agency concerning an urban lot
23 split, or of any proceeding, act, or determination taken, done, or
24 made prior to the decision, or to determine the reasonableness,
25 legality, or validity of any condition attached to the decision,
26 including, but not limited to, the approval of the urban lot split,
27 shall not he maintained by any person unless the action or
28 proceeding is commenced and service of summons effected in
29 accordance with Section 66499.37. This subparagraph is
30 declaratory of existing law.
31 (2) A local agency shall approve an urban lot split only if it
32 conforms to all applicable objective requirements of the
33 Subdivision Map Act (Division 2 (commencing with Section
34 66410)), except as otherwise expressly provided in this section.
35 (3) Notwithstanding Section 66411.1, a local agency shall not
36 impose regulations that require dedications of rights -of -way or the
37 construction of offsite improvements for the parcels being created
38 as a condition of issuing a parcel map for an urban lot split pursuant
39 to this section.
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— 55 — SR 677
1 (c) (1) Except as provided in , this subdivision,
2 notwithstanding any local law, a local agency may impose objective
3 zoning standards, objective subdivision standards, and objective
4 design review standards that are related to the design or to
5 improvements of a parcel, consistent with paragraph (3) of
6 subdivision (b) and with subdivision (e), and are applicable to a
7 parcel created by an urban lot split that do not conflict with this
8 section.
9 (2) A local agency shall not impose objective zoning standards,
10 objective subdivision standards, objective design review
l l `ate standards, or permitting requirements that would have
12 the effect of physically precluding an urban lot splitfrom occurring
13 or the construction of two units on either of the resulting parcels
14 or that would result in a unit size of less than--8-99 1,750 net
15 habitable square feet.
16 (3) (A) Notwithstanding paragraph (2), no setback height
17 limitation, lot coverage limitation, floor area ratio, or other
18 standard that shall be required for an existing structure or a
19 structure constructed in the same location and `owe within
20 the dimensions as an existing structure.
21 (B) Notwithstanding paragraph (2), in all other circumstances
22 not described in subparagraph (A), a local agency may require a
23 setback from the original lot line of up to four feet from the side
24 and rear lot lines.
25 (4) Notwithstanding paragraph (1), a local agency may only
26 impose a front setback with respect to the original lot line.
27 (5) Notwithstanding paragraph (1), a local agency shall not
28 require a setback between the units, except as required in the
29 California Building Standards Code (Title 24 of the California
30 Code of Regulations).
31 (6) Notwithstanding paragraph (1), a local agency shall not
32 impose a driveway width requirement that exceeds a driveway
33 width requirement applied uniformly to development within the
34 underlying zone. If the underlying zone does not have a driveway
35 width requirement, the local agency shall not impose a driveway
36 width greater than 10 feet if serving one lot, or 14 feet if serving
37 multiple lots. A driveway constructed pursuant to this paragraph
38 shall be considered sufficient to provide access to multiple units
39 either on a single lot, or multiple units that share an access
40 easement.
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SB 677 — 56 —
1 (d) Notwithstanding subdivision (a), a local agency may deny
2 an urban lot split if the building official makes a written finding,
3 based upon a preponderance of the evidence, that the proposed
4 housing development project would have a specific, adverse
5 impact, as defined and determined in paragraph (2) of subdivision
6 (d) of Section 65589.5, upon public health and safety for which
7 there is no feasible method to satisfactorily mitigate or avoid the
8 specific, adverse impact.
9 (e)
10 this seeA local agency may require any of the following
1 1 conditions when considering an application for a parcel map for
12 an urban lot split:
13 (1) Easements required for the provision of public services and
14 facilities.
15 (2) A requirement that the parcels have access to, provide access
16 to, or adjoin the public right-of-way. This paragraph should not
17 he interpreted as to allow a local agency to impose an access
18 method if it would physically preclude the lot split from occurring
19 while the use of another method would facilitate the lot split.
20 (3) Offstreet parking of up to one space per unit, except that a
21 local agency shall not impose parking requirements in -either any
22 of the following instances:
23 (A) The parcel is located within one-half mile walking distance
24 of either a high -quality transit corridor as defined in subdivision
25 (b) of Section 21155 of the Public Resources Code, or a major
26 transit stop as defined in Section 21064.3 of the Public Resources
27 Code.
28 (B) There is a car share vehicle located within one block of the
29 parcel.
30 (f) A local agency shall require that the uses allowed on a lot
31 created by this section be limited to residential uses.
32
33
34
35
36 lot split.
37 (2) This subtlivisiott shall ftof apply to aft applieaftt 4tal is
38 " as defined in elattse (ii) of subpatagraph
39 (C) of par-5. Of subdivision (a) of Seetioii 40-2.1 of the
40 "qualified
99
— 57 — SR 677
1 "
2 Ttftatioft Gotle.
3 {�
4 (g) A local agency shal I not use or impose any additional owner
5 � standards, other than those provided-4-at in�rrs
6 stbdit4sioft, on an ttrbaft lot split ptffsttaftt to this seetion. this
7 section, including any owner -occupant requirement.
8 (h) A local agency shall require that a rental of any unit created
9 pursuant to this section be for a term longer than 30 days.
10 (i) A local agency shall not require, as a condition for ministerial
11 approval of a parcel map application for the creation of an urban
12 lot split, the correction of nonconforming zoning or subdivision
13 conditions.
14 0) (1) Notwithstanding any provision of Section 65852.21,
15 65915, Article 2 (commencing with Section 66314) or Article 3
16 (commencing with Section 66333) of Chapter 13 of Division 1,
17 or this section, a local agency shall not be required to permit more
18 than two units on a parcel created through the exercise of the
19 authority contained within this section.
20 (2) For the purposes of this section, "unit" means any dwelling
21 unit, including, but not limited to, a unit or units created pursuant
22 to Section 65852.21, a primary dwelling, an accessory dwelling
23 unit as defined in subdivision (a) of Section 66313, or a junior
24 accessory dwelling unit as defined in subdivision (d) of Section
25 66313.
26 (k) Notwithstanding paragraph (3) of subdivision (c), an
27 application shall not be rejected solely because it proposes adjacent
28 or connected structures provided that the structures meet building
29 code safety standards and are sufficient to allow separate
30 conveyance.
31 (l) Local agencies shall include the number of applications for
32 parcel maps for urban lot splits pursuant to this section in the
33 annual housing element report as required by subparagraph (I) of
34 paragraph (2) of subdivision (a) of Section 65400.
35 (m) For purposes of this section,+otk all of the following shall
36 apply:
37 (1) "Objective zoning standards," "objective subdivision
38 standards," and "objective design review standards" mean standards
39 that involve no personal or subjective judgment by apublic official
40 and are uniformly verifiable by reference to an external and
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1 uniform benchmark or criterion available and knowable by both
2 the development applicant or proponent and the public official
3 prior to submittal. These standards may be embodied in alternative
4 objective land use specifications adopted by a local agency, and
5 may include, but are not limited to, housing overlay zones, specific
6 plans, inclusionary zoning ordinances, and density bonus
7 ordinances.
8 (2) "Local agency" means a city, county, or city and county,
9 whether general law or chartered.
10 (3) "Association" has the same meaning as defined in Section
11 4080 of the Civil Code.
12 (4) "Urbanized area" means an urbanized area designated by
13 the United States Census Bureau, as published in the Federal
14 Register Volume 77, Number 59, on March 27, 2012.
15 (5) "Urban cluster" means an urbanized area designated by
16 the United States Census Bureau, as published in the Federal
17 Register Volume 77, Number 59, on March 27, 2012.
18 (6) "Net habitable square feet" means the finished and heated
19 floor area fully enclosed by the inside surface of walls, windows,
20 doors, and partitions, and having a headroom of at least six and
21 one-halffeet, including working, living, eating, cooking, sleeping,
22 stair, hall, service, and storage areas, but excluding garages,
23 carports, parking spaces, cellars, half -stories, and unfinished attics
24 and basements.
25 (n) A local agency may adopt an ordinance to implement the
26 provisions of this section. An ordinance adopted to implement this
27 section shall not be considered a project under Division 13
28 (commencing with Section 21000) of the Public Resources Code.
29
30
31
32
33
34
35 this seetiott
36 (o) (1) A local agency shall submit a copy of the ordinance
37 adopted pursuant to this section to the department within 60 days
38 after adoption. After adoption of an ordinance, the department
39 may submit written findings to the local agency as to whether the
40 ordinance complies with this section. The local agency shall submit
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1 a copy of any existing ordinance adopted pursuant to this section
2 to the department within 60 days of the date this act becomes
3 effective.
4 (2) (A) If the department finds that the local agency's ordinance
5 does not comply with this section, the department shall noti the
6 local agency and shall provide the local agency with a reasonable
7 time, no longer than 30 days, to respond to the findings before
8 taking any other action authorized by this section.
9 (B) The local agency shall consider any findings made by the
10 department pursuant to paragraph (1) and shall do one of the
11 following:
12 (1) Amend the ordinance to comply with this section.
13 (ii) Adopt the ordinance without changes. The local agency
14 shall include findings in its resolution adopting the ordinance that
15 explain the reasons the local agency believes that the ordinance
16 complies with this section despite the findings of the department.
17 (3) If the local agency does not amend its ordinance in response
18 to the department's findings or does not adopt a resolution with
19 findings explaining the reason the ordinance complies with this
20 section and addressing the department's findings, the department
21 shall noti the local agency and may notify the Attorney General
22 that the local agency is in violation of state law.
23 (p) A local agency shall ministerially review a condominium
24 map to subdivide a housing development built pursuant to Section
25 65852.21, consistent with the standards set out for an urban lot
26 split in this section.
27 (q) A local agency shall provide applicants with a single
28 application for an urban lot split pursuant to this section and any
29 housing development pursuant to Section 65852.21. Both
30 applications shall be reviewed concurrently.
31 (r) For a project located in the coastal zone, as specified in the
32 California Coastal Act of 1976 (Division 20 (commencing with
33 Section 30000) of the Public Resources Code), this section does
34 not relieve a project relying on the provisions of this section fVom
35 the requirement to obtain a coastal development permit as required
36 by Section 30600 of the Public Resources Code. Any standards to
37 which the applicant is entitled under this section shall be permitted
38 in a manner that is consistent with this section and does not result
39 in significant adverse impacts to coastal resources and public
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1 coastal access pursuant to Chapter 3 (commencing with Section
2 30200) of Division 20 of the Public Resources Code.
3 (s) (1) A local agency, special district, or water corporation
4 shall not impose any impact fee upon an urban lot split proposed
5 pursuant to this section.
6 (2) For purposes of this subdivision, "impact fee" has the same
7 meaning as the term "fee" is defined in subdivision (b) of Section
8 66000, except that it also includes fees specified in Section 66477.
9 "impact fee" does not include any connection fee or capacity
10 charge charged by a local agency, special district, or water
11 corporation.
12 SEC. 5. Section 30500.1 of the Public Resources Code is
13 amended to read:
14
15 hattsing palieies aiid prograizns.
16 30500.1. (a) It is the intent of the Legislature that this division
17 and Sections 65852.21 and 66411.7 of the Government Code be
18 harmonized so as to achieve the goal of increasing the supply of
19 housing in the coastal zone while also protecting coastal resources
20 and public coastal access.
21 (b) On or by July 1, 2026, any local government in the coastal
22 zone that has not done so already shall submit to the commission
23 for certification an amendment to the local government's local
24 coastal program that harmonizes the applicable provisions of
25 Section 65852.21 and Section 66411.7 of the Government Code
26 and this division.
27 (c) If a local government submits to the commission for
28 certification an amendment to the local government's local coastal
29 program that would add a provision stating that any housing
30 development pursuant to Section 65852.21 of the Government
31 Code or an urban lot split pursuant to Section 66411.7 of the
32 Government Code to which the applicant is entitled under this
33 section shall be permitted in a manner that is consistent with the
34 policies of *the local coastal program to the greatest extent feasible,
35 does not result in significant adverse impacts to coastal resources
36 and public coastal access, and would make no other changes to
37 the local coastal program, the amendment shall be processed as
38 de minimis pursuant to subdivision (d) of Section 30514.
39 SEC. 6. The Legislature finds and declares that Sections 2, 3,
40 4, and 5 of this act amending Sections 65852.21, 65913.4, 66411.7
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1 of the Government Code and Section 30500.1 of the Public
2 Resources Code address a matter of statewide concern rather than
3 a municipal affair as that term is used in Section 5 of Article XI
4 of the California Constitution. Therefore, Sections 2, 3, 4, and 5
5 of this act apply to all cities, including charter cities.
6 SEC. 7. No reimbursement is required by this act pursuant to
7 Section 6 of Article XIIIB of the California Constitution because
8 a local agency or school district has the authority to levy service
9 charges, fees, or assessments sufficient to pay for the program or
10 level of service mandated by this act, within the meaning of Section
11 17556 of the Government Code.
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